MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Public Property

By: Representative Turner

House Bill 1448

AN ACT TO AMEND SECTION 39-5-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MEMBERS OF THE BOARD OF TRUSTEES OF THE DEPARTMENT OF ARCHIVES AND HISTORY SHALL BE APPOINTED BY THE GOVERNOR; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 39-5-3, Mississippi Code of 1972, is amended as follows:

     39-5-3.  (1)  The Department of Archives and History shall be under the control of a board of nine (9) trustees appointed by the Governor, with the advice and consent of the Senate.

     (2)  The trustees who are serving on July 1, 2016, and any person who is appointed to fill a vacancy during the term of any of those trustees, shall continue serving on the board until the expiration of their respective terms, at which time the Governor shall appoint their successors as follows:  For the successors of the three (3) trustees whose terms expire on January 1, 2018, two (2) trustees shall be appointed from the First Congressional District and one (1) trustee shall be appointed from the Second Congressional District, for terms ending on July 1, 2024.  For the successors of the three (3) trustees whose terms expire on January 1, 2020, one (1) trustee shall be appointed from the Second Congressional District and two (2) trustees shall be appointed from the Third Congressional District, for terms ending on July 1, 2026.  For the successors of the three (3) trustees whose terms expire on January 1, 2022, two (2) trustees shall be appointed from the Fourth Congressional District and one (1) trustee shall be appointed from the state at large, for terms ending on July 1, 2028.  The appointments from congressional districts shall be from the districts as they were constituted on July 1, 2016.

     (3)  The * * *board Governor shall * * *have the power and authority to fill all vacancies occurring * * *therein on the board, whether by expiration of term of service or by death or resignation, in the same manner as for the original appointment, and the person appointed to fill the vacancy shall serve for the remainder of the unexpired term.  * * *but The names of all newly * * *elected appointed members shall be * * *communicated sent to the next ensuing session of the State Senate for confirmation, and * * *in case it shall if the Senate rejects any of the * * *said newly * * *elected appointed trustees, * * *it the Governor shall * * *proceed forthwith to fill the vacancy or vacancies  * * *by an election.  * * *All trustees chosen to succeed the present members or their successors shall serve After the expiration of the terms of the initial appointments made under subsection (2) of this section, all succeeding appointments shall be made in the same manner as for the initial appointments for a term of six (6) years from the expiration date of the previous term

     (4)  The board of trustees shall hold * * *at the State Capitol at least one (1) regular meeting during the year, and as many special meetings as may be necessary, and at * * *said those meetings five (5) members shall constitute a quorum.  The Director of the Department of Archives and History * * *,hereinafter provided * * * for in Section 39-5-7, shall be secretary of the board.  The trustees shall receive no compensation for their services other than the amount of their necessary expenses actually paid out while in attendance on the meetings of the board or the business of the department. 

     (5)  The board is empowered to adopt rules for its own government and for the government of the department, to elect and fix the compensation of a director not to exceed the maximum set by the * * *Legislature State Personnel Board, and other officials or employees, and to do and perform such other acts and things as may be necessary to carry out the true intent and purposes of this chapter.

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