MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Accountability, Efficiency, Transparency

By: Representative Turner

House Bill 1330

(As Sent to Governor)

AN ACT TO AMEND SECTION 57-1-3, MISSISSIPPI CODE OF 1972, AS AMENDED BY SENATE BILL NO. 2572, 2017 REGULAR SESSION, TO ABOLISH THE ADVISORY COUNCIL TO THE DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT; TO AMEND SECTIONS 41-30-3, 45-23-9, 7-7-2, 49-31-17, 11-27-81 AND 69-1-115, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE AMENDMENTS MADE IN SENATE BILL NO. 2572, 2017 REGULAR SESSION; TO REPEAL SECTIONS 41-95-1 AND 41-95-3, MISSISSIPPI CODE OF 1972, WHICH CREATE THE MISSISSIPPI HEALTH POLICY ACT OF 1994; TO REPEAL SECTION 49-31-43, MISSISSIPPI CODE OF 1972, WHICH PRESCRIBES THE DUTIES FOR THE TASK FORCE ON RECYCLING; TO REPEAL SECTIONS 61-4-1 THROUGH 61-4-5 AND SECTIONS 61-4-9 THROUGH 61-4-13, MISSISSIPPI CODE OF 1972, WHICH CREATE THE MISSISSIPPI WAYPORT AUTHORITY; TO REPEAL SECTION 27-31-43, MISSISSIPPI CODE OF 1972, WHICH EXEMPTS FROM AD VALOREM TAXATION ALL REAL AND PERSONAL PROPERTY BELONGING TO THE UNITED STATES THAT CONSTITUTES A PART OF THE PROJECT OR A FACILITY RELATED TO THE PROJECT IN THE MISSISSIPPI WAYPORT AUTHORITY ACT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 57-1-3, Mississippi Code of 1972, as amended by Senate Bill No. 2572, 2017 Regular Session, is amended as follows:

     57-1-3.  * * *(1) The * * *Department of Economic and Community Development Mississippi Development Authority shall have an official seal, and all orders, findings, acts and certifications of the department shall be attested by such seal, and by the signature of the executive director; and when so attested, all orders, acts, findings and certifications of the department shall be competent evidence and shall be given full faith and credit in any proceedings of a court in this state.

 * * * (2)  The Governor shall appoint an advisory council to the department, which shall consist of twenty‑five (25) members, five (5) from each congressional district as constituted on January 1, 1979, whose terms shall be concurrent with that of the appointing Governor.  The council shall meet two (2) times each year, once on or before June 30 of each year and once after June 30, but prior to December 31, of each year.  The members of the council shall serve without pay and without compensation for expenses.  The Governor shall serve as chairman of the council.  The council shall advise the department on matters under the jurisdiction of the department.

(3)  The Lieutenant Governor may designate two (2) Senators and the Speaker of the House of Representatives may designate two (2) Representatives to attend any meeting of the advisory council created in subsection (2) of this section.  The appointing authorities may designate alternate members from their respective houses to serve when the regular designees are unable to attend meetings of the advisory council.  For attending meetings of the advisory council, such legislators shall receive per diem and expenses which shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session; however, no per diem and expenses for attending meetings of the advisory council will be paid while the Legislature is in session. No per diem and expenses will be paid except for attending meetings of the advisory council without prior approval of the proper committee of the respective house of the Legislature.

     SECTION 2.  Section 41-30-3, Mississippi Code of 1972, is amended as follows:

     41-30-3.  For purposes of this chapter, the following words shall have the definition ascribed herein unless the context otherwise requires:

          (a)  "Board" shall mean the Mississippi State Board of Health, or in the event the 1974 Regular Session shall enact House Bill 411 and thereby, upon approval by the Governor, create a Board of Mental Health, the term "board" shall then mean such Board of Mental Health.

          (b)  "Division" shall mean the Bureau of Alcohol and Drug Services.

          (c)  "Director" shall mean the Director of the Bureau of Alcohol and Drug Services.

 * * * (d)  "Advisory council" shall mean the Mississippi Advisory Committee on Alcohol Abuse and Alcoholism of the advisory council on comprehensive health planning of the Office of the Governor.

          ( * * *ed)  "Consortium" shall mean the University Consortium on Alcohol Abuse and Alcoholism.

          ( * * *fe)  "State hospitals" shall mean the Mississippi State Hospital at Whitfield and the East Mississippi State Hospital at Meridian. 

          ( * * *gf)  "Alcoholic" shall mean any person who chronically and habitually uses alcoholic beverages to the extent that he has lost the power of self-control with respect to the use of such beverages, or any person who, while chronically under the influence of alcoholic beverages, endangers public morals, health, safety or welfare. 

          ( * * *hg)  "Certified private treatment facility" shall mean any private facility, service or program approved by the division providing treatment or rehabilitation services for alcoholics and drug addicts, including, but not limited to, detoxication centers, licensed hospitals, community or regional mental health facilities, clinics or programs, halfway houses, and rehabilitation centers.

          ( * * *ih)  "Certified public treatment facility" shall mean any center, facility, service or program approved by the division owned and operated or sponsored and operated by any federal, state or local governmental entity and which provides treatment and rehabilitation services for alcoholics or drug addicts.

          ( * * *ji)  "Intoxicated person" shall mean a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or drugs.

          ( * * *kj)  "Drug addict" and "drug addiction" shall have the meanings as defined in Section 41-31-1.

 * * *

     SECTION 3.  Sections 41-95-1 and 41-95-3, Mississippi Code of 1972, which create the Mississippi Health Policy Act of 1994, are repealed.

     SECTION 4.  Section 45-23-9, Mississippi Code of 1972, is amended as follows:

     45-23-9.  (1)  The * * *advisory committee State Board of Health (hereinafter board) shall * * *recommend the adoption of adopt definitions, rules and regulations for the safe construction, installation, inspection, care and good practice in the operation, maintenance * * *an and repair of boilers and pressure vessels * * * by the State Board of Health (hereinafter board).

          (a)  The definitions, rules and regulations so formulated for new construction shall be based upon and at all times follow the generally accepted nationwide engineering standards, formulae and practices established and pertaining to boiler and pressure vessel construction and safety, and the * * *advisory committee board shall at its first meeting * * *recommend the adoption of adopt an existing published codification thereof known as the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers (hereinafter ASME), with the amendments, code cases and interpretations thereto made and approved by ASME, and may likewise * * *recommend adopt the amendments and interpretations subsequently made and published by the same authority; and when so adopted, the same shall be deemed incorporated into and to constitute a part of the whole of the definitions, rules and regulations of the committee.  Amendments, code cases and interpretations to the code so adopted shall be effective immediately upon being promulgated, to the end that the definitions, rules and regulations shall at all times follow the generally accepted nationwide engineering standards.

          (b)  The * * *advisory committee board shall * * *recommend the adoption of adopt rules and regulations for the inspection, care and good practice in operation, maintenance and repair of boilers and pressure vessels which were in use in this state prior to the date upon which the first rules and regulations under this chapter pertaining to existing installations become effective, or during the twelve * * *(12)-month period immediately thereafter.  The rules and regulations so formulated and recommended shall be based upon and at all times follow the generally accepted nationwide engineering standards.

     (2)  The rules and regulations and any subsequent amendments thereto adopted by the board shall, immediately following a hearing upon not less than thirty (30) day's notice as hereinafter provided, be approved and published and when so promulgated shall have the force and effect of law, except that the rules applying to the construction of new boilers and pressure vessels shall not become mandatory until twelve (12) months after their promulgation by the board.  Subsequent amendments to the rules and regulations adopted by the board shall be permissive immediately and shall become mandatory twelve (12) months after their promulgation.

     (3)  Notice of the hearing shall give the time and place of the hearing and shall state the matters to be considered.  Such notice shall be given to all persons directly affected by such hearing.  In the event all persons directly affected are unknown, notice shall be perfected by publication in a newspaper of general circulation in the Northern, Central and Southern Supreme Court Districts of this state at least thirty (30) days prior to such hearing.

     SECTION 5.  Section 7-7-2, Mississippi Code of 1972, is amended as follows:

     7-7-2.  (1)  The Mississippi General Accounting Office and the State Fiscal Officer, acting through the Bureau of Budget and Fiscal Management, shall be the Department of Public Accounts formerly in the Office of the State Auditor of Public Accounts.

     (2)  The words "State Auditor of Public Accounts," "State Auditor" and "Auditor" appearing in the laws of this state in connection with the performance of Auditor's functions shall mean the State Fiscal Officer, and, more particularly, such words or terms shall mean the State Fiscal Officer whenever they appear in Sections 5-1-57, 5-1-59, 5-3-23, 7-1-33, 7-1-63, 7-3-29, 7-5-31, 7-11-25, 17-13-11, 9-1-36, 9-3-7, 9-3-23, 9-3-27, 9-3-29, 9-3-45, 11-35-11, 11-45-1, 21-33-47, 21-33-401, 23-5-215, 25-1-75, 25-1-81, 25-1-95, 25-1-98, 25-3-41, 25-3-51, 25-3-53, 25-3-55, 25-3-57, 25-3-59, 25-3-97, 25-7-7, 25-7-83, 25-9-135, 25-31-8, 25-31-10, 25-31-37, 27-1-35, 27-3-43, 27-3-45, 27-3-57, 27-3-59, 27-5-22, 27-5-103, 27-7-45, 27-7-313, 27-9-49, 27-11-3, 27-13-55, 27-15-203, 27-15-239, 27-15-241, 27-21-13, 27-29-1, 27-29-5, 27-29-11, 27-29-13, 27-29-15, 27-29-17, 27-29-25, 27-29-33, 27-31-109, 27-33-11, 27-33-41, 27-33-45, 27-33-47, 27-35-121, 27-35-149, 27-37-303, 27-39-13, 27-39-319, 27-41-19, 27-41-23, 27-41-25, 27-41-27, 27-41-41, 27-41-75, 27-45-1, 27-45-13, 27-45-19, 27-49-5, 27-49-9, 27-55-19, 27-55-47, 27-55-555, 27-57-35, 27-59-51, 27-65-51, 27-65-53, 27-67-29, 27-69-3, 27-69-73, 27-69-77, 27-71-301, 27-71-305, 27-71-339, 27-73-1, 27-73-7, 27-73-11, 27-103-55, 27-103-67, 27-105-7, 27-105-19, 27-105-21, 27-105-23, 27-105-33, 27-107-11, 27-107-59, 27-107-81, 27-107-101, 27-107-121, 27-107-141, 27-107-157, 27-107-173, 29-1-27, 29-1-79, 29-1-85, 29-1-87, 29-1-93, 29-1-95, 29-1-111, 31-3-17, 31-7-9, 31-9-15, 31-17-3, 31-17-59, 31-17-105, 31-19-17, 31-19-19, 31-19-21, 31-19-23, 31-5-15, 33-9-11, 35-7-45, 35-9-3, 35-9-5, 35-9-27, 35-9-29, 35-9-33, 37-3-7, 37-3-15, 37-3-17, 37-3-39, 37-13-33, 37-19-27, 37-19-29, 37-19-45, 37-19-47, 37-25-27, 37-27-17, 37-29-165, 37-31-41, 37-33-31, 37-33-71, 37-43-47, 37-101-103, 37-101-149, 37-109-25, 37-113-5, 37-133-7, 39-1-31, 39-3-109, 41-3-13, 41-4-19, 41-7-25, 41-73-71, 43-9-35, 43-13-113, 43-29-29, 45-1-11, 45-1-23, * * *45‑23‑7, 47-5-77, 47-5-155, 49-1-65, 49-5-21, 49-5-97, 49-17-69, 49-19-1, 51-5-15, 51-33-77, 51-33-79, 51-33-81, 51-33-87, 53-1-77, 55-3-41, 57-4-21, 57-9-5, 57-10-123, 57-13-7, 57-13-19, 57-15-5, 59-5-53, 59-7-103, 59-9-71, 59-17-47, 63-19-51, 65-1-111, 65-1-117, 65-9-9, 65-9-17, 65-9-25, 65-11-43, 65-11-45, 65-23-107, 65-26-7, 65-26-35, 69-9-5, 69-15-113, 71-5-359, 73-5-5, 73-6-9, 73-19-13, 73-36-17, 75-75-109, 77-3-89, 77-9-493, 77-11-201, 81-1-49, 83-1-13, 83-1-37, 83-1-39, 83-43-7, 83-43-21, 89-11-27, 97-11-29, 97-21-1, 97-21-61 and 99-15-19, Mississippi Code of 1972.

     SECTION 6.  Section 49-31-43, Mississippi Code of 1972, which prescribes the duties for the Task Force on Recycling, is repealed.

     SECTION 7.  Section 49-31-17, Mississippi Code of 1972, is amended as follows:

     49-31-17.  * * *(1) The Mississippi Department of Environmental Quality and the Mississippi Development Authority shall assist and actively promote the recycling industry in the state.  Assistance and promotion of the recycling industry shall include, but is not limited to:

          (a)  Identification and analysis, in cooperation with the Department of Environmental Quality, of components of the state's recycling industry and present and potential markets for recyclable materials in the state or other states;

          (b)  Provision of information on the availability and benefits of using recycled materials to business, industry, academic institutions and governmental entities within the state;

          (c)  Distribution of any material prepared in implementing this section to business, industry, academic institutions, governmental entities and the general public upon request; and

          (d)  Active promotion of the present markets and development of the potential markets of recyclable materials through the resources of the Mississippi Department of Environmental Quality and the Mississippi Development Authority.

 * * * (2)  By December 31, 2006, the Mississippi Development Authority shall assist the Task Force on Recycling in preparing a report assessing the recycling industry and recyclable materials markets in the state for the Mississippi Legislature.

     SECTION 8.  Sections 61-4-1, 61-4-3, 61-4-5, 61-4-9, 61-4-11 and 61-4-13, Mississippi Code of 1972, which create the Mississippi Wayport Authority, are repealed.

     SECTION 9.  Section 27-31-43, Mississippi Code of 1972, which exempts all real and personal property belonging to the United States that constitutes a part of the project or a facility related to the project in the Mississippi Wayport Authority Act, is repealed.

     SECTION 10.  Section 11-27-81, Mississippi Code of 1972, is amended as follows:

     11-27-81.  The right of immediate possession pursuant to Sections 11-27-81 through 11-27-89, Mississippi Code of 1972, may be exercised only:

          (a)  By the State Highway Commission for the acquisition of highway rights-of-way only;

          (b)  By any county or municipality for the purpose of acquiring rights-of-way to connect existing roads and streets to highways constructed or to be constructed by the State Highway Commission;

          (c)  By any county or municipality for the purpose of acquiring rights-of-way for widening existing roads and streets of such county or municipality; provided, however, that said rights-of-way shall not displace a property owner from his dwelling or place of business;

          (d)  By the boards of supervisors of any county of this state for the acquisition of highway or road rights-of-way in connection with a state-aid project designated and approved in accordance with Sections 65-9-1 through 65-9-31, Mississippi Code of 1972;

 * * *  (e)  By the Mississippi Wayport Authority for the purposes of acquiring land and easements for the Southeastern United States Wayport Project as authorized by Sections 61‑4‑1 through 61‑4‑13, Mississippi Code of 1972;

          ( * * *fe)  By any county, municipality or county utility authority created under the Mississippi Gulf Region Utility Act, Section 49-17-701 et seq., for the purpose of acquiring rights-of-way for water, sewer, drainage and other public utility purposes; provided, however, that such acquisition shall not displace a property owner from his dwelling or place of business.  A county utility authority should prioritize utilizing easements within ten (10) feet of an existing right-of-way when economically feasible.  A county utility authority may not exercise the right to immediate possession under this paragraph after July 1, 2013.  Provisions of this paragraph (f) shall not apply to House District 109;

          ( * * *gf)  By any county authorized to exercise the power of eminent domain under Section 19-7-41 for the purpose of acquiring land for construction of a federal correctional facility or other federal penal institution;

          ( * * *hg)  By the Mississippi Major Economic Impact Authority for the purpose of acquiring land, property and rights-of-way for a project as defined in Section 57-75-5(f)(iv)1 or any facility related to the project as provided in Section 57-75-11(e)(ii);

          ( * * *ih)  By the boards of supervisors of any county of this state for the purpose of constructing dams or low-water control structures on lakes or bodies of water under the provisions of Section 19-5-92;

          ( * * *ji)  By the board of supervisors of any county of this state for the purpose of acquiring land, property and/or rights-of-way for any project the board of supervisors, by a duly adopted resolution, determines to be related to a project as defined in Section 57-75-5(f)(iv).  The board of supervisors of a county may not exercise the right to immediate possession under this paragraph (j) after July 1, 2003;

          ( * * *kj)  By a regional economic development alliance created under Section 57-64-1 et seq., for the purpose of acquiring land, property and/or rights-of-way within the project area and necessary for any project such an alliance, by a duly adopted resolution, determines to be related to a project as defined in Section 57-75-5(f)(xxi).  An alliance may not exercise the right to immediate possession under this paragraph (k) after July 1, 2012; or

          ( * * *lk)  By the board of supervisors of any county of this state for the purpose of acquiring or clearing title to real property, property and/or rights-of-way within the project site and necessary for any project such board of supervisors, by a duly adopted resolution, determines to be related to a project as defined in Section 57-75-5(f)(xxii).  A county may not exercise the right to immediate possession under this paragraph (l) after July 1, 2012.

     SECTION 11.  Section 69-1-115, Mississippi Code of 1972, is amended as follows:

     69-1-115.  Members of the council * * *and task force shall serve without compensation, provided that they shall be entitled to per diem compensation as is authorized by law for each day occupied with the discharge of official duties as members of the council * * *or task force and all actual, necessary expenses incurred in the discharge of their official duties, including mileage as authorized by law.  However, no member shall be authorized to receive reimbursement for expenses, including mileage, or per diem compensation unless such authorization appears in the minutes of the council * * *or task force and is signed by the chairman or vice chairman.  The members of the council * * *or task force shall not receive per diem or expenses while the Legislature is in session.  All expenses incurred by and on behalf of the council * * *or task force shall be paid from a sum to be provided in equal portion from the contingency funds of the Senate and House of Representatives.

     SECTION 12.  This act shall take effect and be in force from and after July 1, 2017.

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