MISSISSIPPI LEGISLATURE

2005 Regular Session

To: Public Utilities

By: Representative Taylor

House Bill 517

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 77-15-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THE COMPENSATION OF THE BOARD OF DIRECTORS OF NATURAL GAS DISTRICTS; TO PROVIDE THAT ONLY MAYORS SHALL SERVE AS THE CHAIRPERSON OF THE BOARD; TO PROVIDE THAT TWO MUNICIPAL/COUNTY  SYSTEM-USER MEMBERS SHALL BE APPOINTED TO THE BOARD FOR THEIR INITIAL TERMS, AND AFTER THE EXPIRATION OF THE INITIAL TERMS SUCH MEMBERS SHALL BE ELECTED; TO ADD A REPEAL DATE ON THIS SECTION; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 77-15-1, Mississippi Code of 1972, is amended as follows:

     77-15-1.  (1)  Notwithstanding any other provisions of law to the contrary, all local natural gas districts containing two (2) or more municipalities and nonmunicipal customers shall establish and maintain a board of directors composed of:  (a) the mayors of each municipality within the district whose terms shall be concurrent with their terms of office as mayor; and (b) one (1) system-user from each county within the district, who shall not be a public official.  The county system-user board members shall be elected by the system-users residing outside of a municipality, in the county in which such board member resides.  In order to qualify as a candidate for election to the board, each person shall obtain, on a petition, twenty-five (25) signatures from system-users in the county in which such person resides.  The signatures shall be of system-users residing outside of a municipality and the candidate shall be a system-user who resides outside of a municipality.  The board shall call an election within fifteen (15) days after July 1, 1989, to be held within sixty (60) days from the date such election is called.  Those persons elected to the board shall serve until the next general election for supervisors and the election for such board members thereafter shall be held at the same time as the supervisor elections and the terms of such board members shall be concurrent with the terms of the supervisors.  Any mayor who devotes a substantial amount of time to the operations of a local natural gas district may receive additional compensation as approved by the board of directors.  The compensation for the board of directors shall be as follows:  (a) the mayors serving on the board shall be compensated Five Hundred Dollars ($500.00) per month; (b) the chairperson of the board shall be compensated Six Hundred Dollars ($600.00) per month; and (c) all other board members shall be compensated Two-Hundred Fifty Dollars ($250.00) per month.  Only mayors of the board shall serve as chairperson and such mayors shall serve annually on a rotating basis. 

     (2)  Two board municipal/county system-user board members who reside in his or her respective county, and must be customers of the district, and who must be system-users shall be appointed as follows for his or her initial term:  (a) one (1) board member from the county lying in the northern section of the district, appointed by the Lieutenant Governor of the Mississippi Senate; and (b) one (1) board member from the county lying in the southern section of the district, appointed by the Speaker of the House of Representatives.  The appointed board municipal/county system-user board members may be elected public officials.

     The initial terms of the two (2) municipal/county system-user board members shall begin July 1, 2005, and shall serve until the next general election for supervisors, and thereafter the municipal/county system-user board members, as described in this subsection (2), shall be elected at large by the municipal and county system-users.

     The municipal/county system-user board members shall be compensated as prescribed in subsection (1) of this section.

     (3)  All board members shall file any required statements of economic interest with the Ethics Commission as required by law.  This section shall not apply to any local natural gas district which leases its distribution system to an investor-owned utility company regulated by the Public Service Commission.

     (4)  From and after July 1, 2004, the Board of Directors of the Chickasawhay Natural Gas District shall discontinue distribution of any of the revenues of the district to municipalities within the district.

     (5)  This section shall stand repealed on July 1, 2006.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2005.