House Bill 851

AN ACT TO AMEND SECTION 49-17-729, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CERTAIN VOTES OF THE HARRISON COUNTY UTILITY AUTHORITY BE BY A UNANIMOUS VOTE OF ALL MEMBERS PRESENT AND VOTING; TO EMPOWER THE BOARD OF DIRECTORS OF THE AUTHORITY TO ADOPT CERTAIN RULES AND REGULATIONS PERTAINING TO THE DEFINITION OF A CERTAIN TERM; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 49-17-729, Mississippi Code of 1972, is amended as follows:

49-17-729. (1) All powers of the Harrison County Utility Authority shall be exercised by a consolidated board consisting of the Board of Directors of the Harrison County Wastewater and Solid Waste Management District and the additional director provided under this section for a total of seven (7) directors. Upon consolidation, the Board of Supervisors of Harrison County shall appoint one (1) additional director who shall be a resident of the unincorporated area from the county. The director shall serve at the will and pleasure of the board of supervisors. The consolidated board shall consist of the mayor of each city participating in the authority and the directors appointed by the board of supervisors. Each director may appoint a delegate to represent him at a meeting of the board.

(2) All business of the Harrison County Utility Authority shall be transacted as provided in Section 49-17-741, except that all actions affecting rates, bonds, the initial approval of capital improvements and subsequent material alterations to approved capital improvements projects, must be by unanimous vote of all members of the board present and voting. The board shall have the authority to adopt rules and regulations that define the term "material alterations" for purposes of this subsection.

(3) In addition to any other powers and rights conferred upon such board of directors, the board is granted and may exercise all powers and rights granted pursuant to Sections 49-17-739 through 49-17-773 to promote the health, welfare and prosperity of the general public, including the power and right to regulate and control solid waste within its jurisdictional boundaries.

SECTION 2. This act shall take effect and be in force from and after July 1, 2011.