MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Public Utilities

By: Representative Read

House Bill 1226

AN ACT TO AMEND SECTION 49-17-733, MISSISSIPPI CODE OF 1972, TO REVISE THE TERMS, APPOINTMENTS AND CERTAIN PROCEDURES OF THE BOARD OF DIRECTORS OF THE JACKSON COUNTY UTILITY AUTHORITY; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 49-17-733, Mississippi Code of 1972, is amended as follows:

     49-17-733.  (1)  Upon creation of the Jackson County Utility Authority, all powers of the Jackson County Utility Authority shall be exercised by the Board of Directors of the Mississippi Gulf Coast Regional Wastewater Authority.

     (2)  Upon consolidation of the Jackson County Utility Authority and the Mississippi Gulf Coast Wastewater Authority, the county authority shall be governed by a board consisting of seven (7) directors.

          (a)  The members of the Board of Directors of the Mississippi Gulf Coast Regional Wastewater Authority shall serve as Directors of the Jackson County Utility Authority until the expiration of their existing terms.  Upon expiration of a member's term, the governing body making the appointment shall appoint a person residing within the corporate boundaries of the governing body to serve as a director.

          (b)  The City of Gautier shall appoint one (1) director who resides within the City of Gautier for an initial term of three (3) years.

          (c)  The Board of Supervisors of Jackson County shall appoint two (2) additional directors for an initial term of two (2) and four (4) years, respectively, who reside within the unincorporated area of Jackson County.

     (3)  * * * (a)  After expiration of the initial terms, all appointed directors shall serve a term of * * *six (6)four (4) years.  Appointees shall serve at the will and pleasure of their appointing authorities during their respective terms.

 * * *  (b)  No director shall hold an elected public office.

     (4)  With the exception of actions on rate increases, bond issues or capital improvements, the affirmative vote of a majority of the members of the board shall be required to pass any initiatives.  With respect to actions to increase rates, issue bonds, or make capital improvements, the unanimous vote of all members of the board shall be required for approval.

     ( * * *45)  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.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2016.