MISSISSIPPI LEGISLATURE

2007 Regular Session

To: Ports, Harbors and Airports; Appropriations

By: Representative Moss, Bailey, Clarke, Dedeaux, Hudson, Robinson (63rd), Rogers (61st)

House Bill 1329

AN ACT TO CREATE A COMMISSION ON PORTS WITHIN THE MISSISSIPPI DEVELOPMENT AUTHORITY; TO DEFINE THE COMMISSION'S MEMBERSHIP AND DUTIES; TO AMEND SECTION 65-1-705, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE COMMISSION ON PORTS SHALL BE THE PORT MULTI-MODAL FUND COMMITTEE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  There is hereby created within the Mississippi Development Authority a Mississippi Commission on Public Ports.  The commission shall consist of the following members:

          (a)  The Executive Director of the Mississippi Development Authority or his designee;

          (b)  The Executive Director of the Mississippi Department of Transportation or his designee;

          (c)  A state port director appointed by the Governor;

          (d)  A business person with knowledge of the import and export trade appointed by the Governor; and

          (e)  Three port directors, one (1) from the Gulf Coast ports, one (1) from the Mississippi River ports, and one (1) from the ports along the Tennessee-Tombigbee Waterway appointed by the Governor.  The port representatives from the Mississippi River ports and the Tennessee-Tombigbee Waterway ports shall not be representatives of state ports.

     The initial term of the state port director appointee shall be for a term of one (1) year, the initial term of the business person appointee shall be for two (2) years, the initial term for the Mississippi River port director appointee shall be for three (3) years, the initial term for the Gulf Coast port director appointee shall be for four (4) years, and the initial term for the Tennessee-Tombigbee Waterway port director appointee shall be for five (5) years.  All future terms for the members shall be for five (5) years.  All appointments shall be subject to the advice and consent of the Senate.

     (2)  The commission shall by December 31 of the year in which it was created prepare a report to be delivered to the Appropriations Committees of both the House of Representatives and the Senate, the Ports and Marine Resources Committee of the Senate, and the Ports, Harbors and Airports Committee of the House of Representatives, addressing the following:

          (a)  Proposed legislation detailing a set of permanent duties for the commission including, but not limited to, the following:  the responsibility for preparing and recommending a strategic plan for the commercial expansion of the public ports of the state as a statewide system, the provision of an active program of marketing for the state's public ports, and a capital improvement program for the state's public ports to be supported by state bond funds.

          (b)  The commission shall also be charged with responsibility for identifying any federal or other funds available to support the commission's ongoing operations.

     (3)  The Mississippi Development Authority shall be responsible for providing the commission with suitable workspace and both administrative and programmatic staff support.  All commission members, except for the Executive Directors of the Department of Transportation and the Mississippi Development Authority, shall be authorized to receive per diem as provided in Section 25-3-69 and travel reimbursement as provided for in Section 25-3-41. 

     SECTION 2.  Section 65-1-705, Mississippi Code of 1972, is amended as follows:

     65-1-705.  (1)  The Commission on Public Ports created within the Mississippi Development Authority shall be the Port Multi-Modal Fund Committee.  Any references to the Port Multi-Modal Fund Committee shall mean the Commission on Ports created by authority of Section 1 of House Bill No.    , 2007 Regular Session.  The Commission on Ports shall have the duties and responsibilities provided for in law and previously granted to the Port Multi-Modal Fund Committee.

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     (2)  (a)  There is hereby created an Airport Multi-Modal Fund Committee whose membership shall consist of:

              (i)  Five (5) directors of airports appointed by the President of the Mississippi Airport Association, or their designees, at least three (3) of whom shall represent airports with commercial passenger service;

              (ii)  The Executive Director of MDA, or his designee; and

              (iii)  The Executive Director of MDOT, or his designee.

          (b)  From and after July 1, 2007, members of the Airport Multi-Modal Fund Committee, except for the Executive Directors of the Department of Transportation and the Mississippi Development Authority, shall serve for terms as provided for herein.  The Mississippi Airport Association shall designate posts for each of the airport representatives.  The representative of Post One shall serve an initial term of one (1) year, the representative of Post Two shall serve for an initial term of two (2) years, the representative of Post Three shall serve for an initial term of three (3) years, the representative of Post Four shall serve an initial term of four (4) years, and the representative of Post Five shall serve an initial term of five (5) years.  All succeeding terms shall be for five (5) years.  Members serving on the committee on June 30, 2007, shall be eligible for reappointment to the committee, and there shall be no limit on the number of terms for which a member may be appointed.

          (c)  A majority of the membership of the committee shall constitute a quorum.  MDOT shall call meetings of the committee and shall call a meeting for the purpose of reviewing and approving applications as required in Section 65-1-707 by not later than August 1 of each fiscal year.

     (3)  (a)  There is hereby created the Railroad Multi-Modal Fund Committee whose membership shall consist of:

              (i)  The director of each railroad, or his designee;

              (ii)  The Executive Director of MDA, or his designee; and

              (iii)  The Executive Director of MDOT, or his designee.

          (b)  From and after July 1, 2007, members of the Public Transit Multi-Modal Fund, except for the Executive Directors of the Department of Transportation and the Mississippi Development Authority, shall serve for terms as provided for herein.  The Mississippi Public Transit Association shall designate posts for each of the public transit system representatives.  The representative of Post One shall serve an initial term of one (1) year, the representative of Post Two shall serve for an initial term of two (2) years, the representative of Post Three shall serve for an initial term of three (3) years.  All succeeding terms shall be for three (3) years.  Members serving on the committee on June 30, 2007, shall be eligible for reappointment to the committee, and there shall be no limit on the number of terms for which a member may be appointed.

           (c)  A majority of the membership of the committee shall constitute a quorum.  MDOT shall call meetings of the committee and shall call a meeting for the purpose of reviewing and approving applications as required in Section 65-1-707 by not later than August 1 of each fiscal year.

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     SECTION 3.  This act shall take effect and be in force from and after July 1, 2007.