MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Public Utilities; Appropriations

By: Representative Warren

House Bill 384

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 41-26-101, MISSISSIPPI CODE OF 1972, TO REQUIRE AT LEAST TWO MEMBERS OF CERTAIN GOVERNING BOARDS OF COMMUNITY PUBLIC WATER SYSTEMS TO ATTEND THE CONTINUING MANAGEMENT TRAINING FOR A MINIMUM OF FOUR HOURS PER INDIVIDUAL BEGINNING WITHIN THE FOUR YEARS OF JANUARY 1, 2013, AND EVERY FOUR YEARS THEREAFTER; TO AUTHORIZE THE STATE DEPARTMENT OF HEALTH TO CHARGE A FEE TO DEFRAY THE COST OF PROVIDING THE MATERIALS AND TRAINING; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 41-26-101, Mississippi Code of 1972, is amended as follows:

     41-26-101.  (1)  Each member elected or reelected after June 30, 1998, to serve on a governing board of any community public water system, except systems operated by municipalities with a population greater than ten thousand (10,000), shall attend a minimum of eight (8) hours of management training within two (2) years following the election of that board member.  Any member failing to complete the management training within two (2) years after his election shall be subject to removal from the board by the remaining members.  If a board member has undergone training and is reelected to the board, that board member shall not be required to attend training as provided by this subsection.

     (2)  (a)  The management training shall be organized by the State Department of Health, in cooperation with the Mississippi Rural Water Association and other organizations.  The management training shall include information on water system management and financing, rate setting and structures, operations and maintenance, applicable laws and regulations, ethics, the duties and responsibilities of a board member and other information deemed necessary by the department after consultation with the association and other organizations.  The department shall develop and provide all training materials.  The department may charge a fee not to exceed Seventy-five Dollars ($75.00) per member to defray the actual costs of providing the materials and training.  These costs shall be reimbursed to the board member as an expense of the community public water system.

          (b)  In addition to the training requirements under subsection (1) of this section, within four (4) years of January 1, 2013, and in every four-year period thereafter, at least two (2) members of each governing board of any community public water system shall attend a minimum of four (4) hours of continuing management training per individual.  The selection of board members to attend continuing management training shall be at the discretion of the board of each community public water system.  The continuing management training shall include, but not be limited to, updates on new information relevant to the management of utility systems.  The department may charge a fee not to exceed Twenty-five Dollars ($25.00) per member to defray the actual cost of providing the materials and training.  These costs shall also be reimbursed to each attending board member as an expense of the community public water system.  The continuing management training requirements under this paragraph shall not apply to systems operated by municipalities with a population greater than ten thousand (10,000).

     (3)  To avoid board members having to interfere with their jobs or employment, management training sessions may be divided into segments and, to the greatest extent possible, shall be scheduled for evening sessions.  The department shall conduct management training on a regional basis and shall use community college or other public facilities for the convenience of board members.

     (4)  The department may make exceptions to and grant exemptions and variances to the requirements of this section for good cause shown.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2012.