House Bill 1318

AN ACT TO BE KNOWN AS THE HURRICANE KATRINA RESPONSE AND RECOVERY OVERSIGHT ACT; TO MAKE CERTAIN FINDINGS ABOUT THE DAMAGE CAUSED BY HURRICANE KATRINA AND ITS EFFECTS ON THE STATE OF MISSISSIPPI; TO MAKE CERTAIN FINDINGS ABOUT THE ADEQUACY OF EXISTING STATE AND FEDERAL PROGRAMS TO MEET THE NEEDS OF THE STATE AFTER HURRICANE KATRINA; TO CREATE THE HURRICANE KATRINA DISASTER RESPONSE AND RECOVERY COMMISSION AND PROVIDE FOR ITS MEMBERSHIP; TO PROVIDE FOR THE DUTIES OF THE COMMISSION; TO REQUIRE THE COMMISSION TO MAKE REPORTS TO THE LEGISLATURE AND THE GOVERNOR ON ITS FINDINGS AND RECOMMENDATIONS; TO REQUIRE THE GOVERNOR TO MAKE REGULAR REPORTS TO THE JOINT LEGISLATIVE BUDGET COMMITTEE ON THE IMPLEMENTATION OF THIS ACT; TO AUTHORIZE THE GOVERNOR TO ESTABLISH NEW PROGRAMS, EXPAND EXISTING PROGRAMS AND MODIFY EXISTING PROGRAMS TO PROVIDE NECESSARY ASSISTANCE AND RELIEF FROM THE EFFECTS OF HURRICANE KATRINA, AND EXPEND CERTAIN FUNDS TO IMPLEMENT THESE PROGRAMS; TO AUTHORIZE THE GOVERNOR TO TRANSFER FUNDS TO LOCAL GOVERNMENTS AND FEDERAL AGENCIES THAT ADMINISTER PROGRAMS OR PROVIDE SERVICES ON BEHALF OF THE STATE; TO AUTHORIZE THE GOVERNOR TO ESTABLISH TIME-LIMITED PERSONNEL POSITIONS TO IMPLEMENT THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. This act shall be known as "The Hurricane Katrina Response and Recovery Oversight Act of 2006."

SECTION 2. (1) The Legislature finds that Hurricane Katrina was the worst natural disaster in the state's history. Extensive and prolonged damage caused by the storm has been devastating to infrastructure and to the civil, social, economic and environmental well-being of Mississippi. The entire economic base of Mississippi was undermined, including the ability of individuals to earn an income to support themselves and their families. A loss of this magnitude affects all of Mississippians. Extraordinary assistance to the affected areas is required if this region and, indeed, the entire state is to recover from the short- and long-term effects of the devastation.

(2) The Legislature further finds that the devastation caused by Hurricane Katrina was of unprecedented proportions. Devastation of this magnitude was not planned for and could not have been planned for. No policies, no decision making, and no planning could adequately mitigate damage from or prepare an adequate response to such an extraordinary event. However, learning from this tragic event, the Legislature finds that long-term planning for future natural disasters is appropriate.

(3) The Legislature further finds that the devastation caused by Hurricane Katrina in Mississippi continues to affect all aspects of the economy, the environment, public health and safety, infrastructure, public and private institutions, and the general welfare of the region and, indirectly, of the entire state. Immediate short-term responses and long-term responses are necessary to preserve a way of life in Mississippi, to preserve the economic condition of the entire state, and to preserve the reputation Mississippi has, nationally and internationally, as a great place to live and a great place to do business.

SECTION 3. (1) The Legislature finds that state and federal disaster relief initiatives are not intended to make individuals whole after a loss; rather, they are intended to assist the affected area in recovering from the devastation caused by Hurricane Katrina. A massive recovery program that includes assistance to individuals is essential to the recovery of the affected area due to the severity of the damage, the magnitude of the geographical area it covered, and the duration of the emergency conditions in the area. The cumulative effect of devastating losses of lives, homes, schools, life savings, personal effects, jobs, businesses, and other social and civic institutions, and of concerns, both real and imagined, about public health issues and the environment, has substantially impaired the region's ability to recover.

Traditional support systems for victims of losses such as families, friends, religious organizations, relief organizations, other private entities, and existing public programs are simply inadequate given the magnitude of the problem. Their property was also damaged by the disaster and their resources were further depleted by the overwhelming and unrelenting need for emergency assistance after the storm.

Without significant additional state and federal assistance to the area devastated by Hurricane Katrina, further deterioration of the economy, the environment, public health and safety, and quality of life in the region is likely to occur. Without additional state and federal assistance:

(a) Tens of thousands of people in uninsured, damaged homes will either not qualify for federal housing assistance or not have the resources to take advantage of federal housing assistance.

(b) Local governments already overwhelmed with storm-related expenses may not have the resources to repair damaged infrastructure and provide the new infrastructure necessary for families relocating out of the flood zone.

(c) Thousands of jobs will be permanently lost because an estimated one thousand five hundred (1,500) small businesses and twenty-five (25) mid-sized businesses cannot qualify for Small Business Administration loans.

(d) The tourism industry will continue to suffer throughout the state due to negative publicity about the storm.

(2) It is the intent of the Legislature that the benefits of the projects and programs authorized by this act are for the common good and collective recovery of the people of this state following a devastating natural disaster directly affecting a large portion of the state and indirectly affecting the entire state. The entire state faces a major loss if Mississippi is not offered the assistance provided by this act. The purpose of this act is to provide an ultimate net public benefit to the state through a successful Hurricane Katrina recovery initiative in Mississippi.

SECTION 4. (1) There is established the Hurricane Katrina Disaster Response and Recovery Commission ("commission").

(2) The commission shall consist of twenty-one (21) members as follows:

(a) Seven (7) members appointed by the Governor.

(b) Seven (7) members appointed by the Speaker of the House of Representatives.

Appointments to the commission shall be made not later than February 15, 2006. A vacancy in the commission or as chair of the commission resulting from the resignation of a member or otherwise shall be filled in the same manner in which the original appointment was made.

(3) The commission shall provide oversight of review and study:

(a) The adequacy of the state's short-term and long-term response to natural disasters under current law and necessary modifications in the state's response to future natural disasters. In the course of this study, the commission may consider:

(i) The circumstances under which an extraordinary state response to extraordinarily severe and widespread devastation is appropriate and the components of such an extraordinary state response.

(ii) The need for dedicated sources of funding for disaster recovery.

(iii) The need to modify state policies and amend state laws to mitigate damages in future disasters and to remove administrative obstacles to the recovery effort.

(b) Short- and long-term recovery efforts for Mississippi in response to Hurricane Katrina and strategies for supplementing, improving and enhancing those recovery efforts.

(c) All funds appropriated by Congress for Hurricane Katrina recovery and consider actions needed to address any remaining unmet needs, especially in the area of rental housing production.

(4) The commission may consult with appropriate state departments, agencies and board representatives on issues related to its duties.

(5) Members of the commission and its subcommittees who are not legislators, state officials or state employees shall be compensated at the per diem rate authorized by Section 25-3-69 and shall be reimbursed in accordance with Section 25-3-41 for mileage and actual expenses incurred in the performance of their duties. Legislative members of the commission and its subcommittees will be paid from the contingent expense funds of their respective houses in the same manner as provided for committee meetings when the Legislature is not in session. However, legislative members will not be paid per diem or expenses for attending meetings of the commission while the Legislature is in session. No commission or subcommittee member may incur per diem, travel or other expenses unless previously authorized by vote, at a meeting of the commission, which action must be recorded in the official minutes of the meeting. Nonlegislative members may be paid from any funds made available to the commission for that purpose.

The Lieutenant Governor and the Speaker of the House of Representatives each shall designate one (1) member to serve as cochair of the commission. The cochairs shall call the initial meeting of the commission on or before March 1, 2006. The commission shall have later meetings upon such notice and in such manner as its members determine. A majority of the members of the commission shall constitute a quorum.

The commission may contract for consultants or hire employees as necessary, within the funds available to the commission.

The commission may appoint subcommittees of its members and other knowledgeable persons or experts to assist it.

(6) The commission shall establish a process of citizen participation that assures the citizens of Mississippi of the opportunity to be informed of and contribute to the work of the commission. It shall hold meetings throughout the state.

(7) The commission may call upon any department, agency, institution or officer of the state or any political subdivision thereof for facilities, data or other assistance.

(8) The commission may apply for, receive, and accept grants of nonstate funds or other contributions as appropriate to assist in the performance of its duties.

(9) The commission shall submit interim reports to the Legislature and the Governor, and shall submit a final report of its findings and recommendations on March 1, 2010, to the Legislature, the Governor and the citizens of the state. The commission shall terminate upon filing its final report.

SECTION 5. The Governor shall report to the Joint Legislative Budget Committee on the implementation of this act on a monthly basis during the 2006 fiscal year and on a quarterly basis thereafter. The Governor shall report more frequently at the request of the commission.

The Governor shall report by May 1, 2006, the estimated number of citizens who have experienced a reduction in or elimination of health or long-term care services as a result of funds being reallocated for other purposes. The Governor shall submit the report to the Joint Legislative Budget Committee and the chairs of the Senate Public Health and Welfare Committee, the House Public Health and Human Services Committees, the Senate Appropriations Committee, the House Appropriations Committee and the House Medicaid Committee.

SECTION 6. The Governor may establish new programs, expand existing programs and modify existing programs to provide necessary and appropriate assistance and relief from the effects of Hurricane Katrina; and expend funds from Hurricane Katrina Recovery Funds to implement these programs. These programs and expenditures shall be used only for:

(a) Crisis housing assistance, which may include, but shall not be limited to, direct housing assistance to homeowners and renters, grants to local governments for water, sewer and other infrastructure needs for housing in new areas, predevelopment activities, housing counselors and housing recovery efforts.

(b) Economic recovery assistance, including, but not limited to, assistance to the agriculture and fishing sectors of the economy, which may include, but shall not be limited to, small business disaster assistance to small and mid-sized businesses, grants to farmers, and grants and loans to commercial fishers.

(c) Public health, public safety, social services, and environmental recovery issues, which may include, but shall not be limited to, drinking water protection, water quality monitoring, solid waste and hazardous waste cleanup, assessment and remediation of high-risk underground storage tank sites, dam safety, and emergency and maintenance dredging.

(d) Support to local governments, by grants to local governments to offset revenue losses resulting from storm damage from natural disasters covered by federal disaster declarations as to any storm between August 28, 2005, and the effective date of this act. The amount of the grants shall be based on loss of taxable property in the jurisdiction.

SECTION 7. The Governor may:

(a) Provide grants to local governments in accordance with Section 6(d) of this act.

(b) Transfer funds to local governments pursuant to cooperative agreements under which they administer programs or provide services on behalf of the state.

(c) Transfer funds to federal agencies pursuant to cooperative agreements under which they administer agriculture programs or provide services on behalf of the state.

SECTION 8. The Governor may establish part-time and full-time personnel positions to implement this act. All such positions shall be time-limited and shall be exempt from the State Personnel Board laws and regulations.

SECTION 9. The Governor shall establish advisory councils to advise relevant state agencies on Hurricane Katrina recovery efforts and to ensure input from representatives of affected communities and groups.

SECTION 10. This act shall take effect and be in force from and after its passage.