Bill Text: MS HB1330 | 2017 | Regular Session | Introduced
Bill Title: Boards and commission; abolish certain that have become inactive.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-04-05 - Approved by Governor [HB1330 Detail]
Download: Mississippi-2017-HB1330-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Accountability, Efficiency, Transparency
By: Representative Turner
House Bill 1330
AN ACT TO ABOLISH CERTAIN INACTIVE BOARDS, COMMISSIONS, COUNCILS, COMMITTEES, AUTHORITIES, TASK FORCES AND PANELS; TO REPEAL SECTION 23-15-169.6, MISSISSIPPI CODE OF 1972, WHICH CREATES A TASK FORCE TO STUDY VOTING SYSTEMS THAT COMPLY WITH THE HELP AMERICA VOTE ACT OF 2002 AND THEIR SUITABILITY FOR USE IN MISSISSIPPI ELECTIONS; TO REPEAL SECTION 27-104-8, MISSISSIPPI CODE OF 1972, WHICH CREATES THE COMMISSION ON PUBLIC PROCUREMENT CODES TO DEVELOP A PROPOSED PUBLIC PROCUREMENT CODE OR STATUTES THAT WILL PROVIDE UNIFORM PROCEDURES FOR THE BIDDING AND AWARDING OF CONTRACTS FOR ALL AGENCIES, DEPARTMENTS, OFFICES, DIVISIONS, BUREAUS, COMMISSIONS, BOARDS OR INSTITUTIONS OF THE STATE OR ANY INSTRUMENTALITY THEREOF AND ANY COUNTY, MUNICIPALITY OR OTHER POLITICAL SUBDIVISION OF THE STATE OR ANY INSTRUMENTALITY THEREOF; TO REPEAL SECTION 31-29-27, MISSISSIPPI CODE OF 1972, WHICH CREATES THE INSTITUTE FOR TECHNOLOGY DEVELOPMENT OVERSIGHT COMMITTEE TO ATTEND MEETINGS OF THE INSTITUTE FOR TECHNOLOGY DEVELOPMENT BOARD OF DIRECTORS, TO RECEIVE ALL BUDGETS, REPORTS, AUDITS AND ALL FINANCIAL AND OTHER INFORMATION DISTRIBUTED TO THE DIRECTORS OF THE INSTITUTE FOR TECHNOLOGY DEVELOPMENT, TO MEET AND CONFER WITH THE DIRECTORS AND STAFF OF THE INSTITUTE FOR TECHNOLOGY DEVELOPMENT, AND TO PERFORM SUCH OTHER ACTIVITIES AS MAY BE NECESSARY OR PROPER IN DISCHARGING THEIR RESPONSIBILITIES OF OVERSIGHT AND LIAISON WITH THEIR RESPECTIVE HOUSES OF THE LEGISLATURE; TO REPEAL SECTION 41-30-39, MISSISSIPPI CODE OF 1972, WHICH CREATES THE ADVISORY COMMITTEE ON ALCOHOL ABUSE AND ALCOHOLISM OF THE ADVISORY COUNCIL ON COMPREHENSIVE HEALTH PLANNING OF THE OFFICE OF THE GOVERNOR TO CONSULT WITH AND ADVISE THE BUREAU OF ALCOHOL AND DRUG SERVICES IN CARRYING OUT THEIR DUTIES AND TO COMPLY WITH ANY REQUIREMENTS OR CONDITIONS FOR RECEIPT OF FEDERAL FUNDS UNDER FEDERAL LAW; TO AMEND SECTION 41-30-3, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO REPEAL SECTION 41-67-41, MISSISSIPPI CODE OF 1972, WHICH CREATES THE WASTEWATER ADVISORY COUNCIL FOR THE PURPOSE OF ADVISING THE MISSISSIPPI STATE DEPARTMENT OF HEALTH REGARDING INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEMS; TO AMEND SECTION 41-67-31, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO BRING FORWARD SECTION 41-67-101, MISSISSIPPI CODE OF 1972, WHICH CREATE THE WASTEWATER ADVISORY BOARD FOR THE PURPOSE OF ADVISING THE DEPARTMENT OF HEALTH REGARDING INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEMS, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO REPEAL SECTIONS 41-95-1 THROUGH 41-95-7, MISSISSIPPI CODE OF 1972, WHICH CREATES THE MISSISSIPPI HEALTH POLICY ACT OF 1994 AND ESTABLISHES THE MISSISSIPPI HEALTH FINANCE AUTHORITY AND THE MISSISSIPPI HEALTH FINANCE AUTHORITY BOARD; TO REPEAL SECTIONS 41-105-1 AND 41-105-3, MISSISSIPPI CODE OF 1972, WHICH CREATE THE HEALTHCARE COORDINATING COUNCIL AND PRESCRIBE THE DUTIES OF THE HEALTHCARE COORDINATING COUNCIL; TO REPEAL SECTION 43-33-75, MISSISSIPPI CODE OF 1972, WHICH CREATES THE HOUSING TASK FORCE TO STUDY HOUSING CONDITIONS AND NEEDS IN MISSISSIPPI AND FURNISH TO THE GOVERNOR AND LEGISLATURE A REPORT ON ITS FINDINGS, INCLUDING A COMPREHENSIVE POLICY AND PLAN TO IMPROVE HOUSING IN THE STATE, BY NOVEMBER 15, 1988; TO REPEAL SECTION 45-23-7, MISSISSIPPI CODE OF 1972, WHICH CREATES A TECHNICAL ADVISORY COMMITTEE OF BOILER AND PRESSURE VESSEL SAFETY TO RECOMMEND THE ADOPTION OF THE BOILER AND PRESSURE VESSEL CODE OF THE AMERICAN SOCIETY OF MECHANICAL ENGINEERS AS THE BASIS FOR JUDGING THE SAFE CONDITION OF BOILERS AND PRESSURE VESSELS, TO RECOMMEND THE QUALIFICATIONS OF INSPECTORS WHO WILL CERTIFY AS TO THE SAFE CONDITION OF BOILERS AND PRESSURE VESSELS, AND TO RECOMMEND THE INSPECTION OF BOILERS AND PRESSURE VESSELS AS NECESSARY TO INSURE THAT ALL SUCH BOILERS AND PRESSURE VESSELS MANUFACTURED AND/OR USED IN THIS STATE ARE SAFE FOR USE; TO AMEND SECTIONS 45-23-9 AND 7-7-2, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO REPEAL SECTIONS 49-31-41 AND 49-31-43, MISSISSIPPI CODE OF 1972, WHICH CREATES THE TASK FORCE ON RECYCLING TO BE RESPONSIBLE FOR DEVELOPING A COMPREHENSIVE PLAN TO ESTABLISH A SYSTEM TO RECYCLE HOUSEHOLD ITEMS AND PRESCRIBES THE DUTIES FOR THE TASK FORCE ON RECYCLING; TO AMEND SECTION 49-31-17, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO AMEND SECTION 57-1-3, MISSISSIPPI CODE OF 1972, TO ABOLISH THE ADVISORY COUNCIL TO THE DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT; TO REPEAL SECTION 57-19-15, MISSISSIPPI CODE OF 1972, WHICH CREATES THE FOOD TECHNOLOGY ADVISORY BOARD TO REVIEW THE PROGRAM CONDUCTED BY THE FOOD TECHNOLOGY LABORATORY; TO REPEAL SECTIONS 61-4-1 THROUGH 61-4-13, MISSISSIPPI CODE OF 1972, WHICH CREATES 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; TO AMEND SECTION 11-27-81, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; TO REPEAL SECTION 69-1-61, MISSISSIPPI CODE OF 1972, WHICH CREATES THE COUNCIL OF STATE AGENCIES ON AGRICULTURE TO COORDINATE ALL INFORMATION, PROGRAMS, ACTIVITIES AND SERVICES IN THE BROAD FIELD OF AGRICULTURE AND FORESTRY; TO REPEAL SECTION 69-1-113, MISSISSIPPI CODE OF 1972, WHICH CREATES THE AGRICULTURAL MARKETING ADVISORY TASK FORCE TO WORK WITH AND OVERSEE THE EFFORTS OF THE MISSISSIPPI MARKETING OF AGRICULTURAL PRODUCTS AND INDUSTRY COUNCIL TO DEVELOP AN OVERALL MARKET PLAN, DEFINE THE RELATIONSHIP OF THE PUBLIC AGENCIES' ROLE IN MARKETING, MAKE RECOMMENDATIONS CONCERNING ORGANIZATION AND FUNDING IN PRODUCTION, MANAGEMENT AND MARKETING AREAS AND MAKE RECOMMENDATIONS FOR SPECIFIC FUNCTIONS AND RESPONSIBILITIES OF STATE AGENCIES RELATED TO THE AGRICULTURAL MARKETING PROGRAM; TO AMEND SECTION 69-1-115, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-169.6, Mississippi Code of 1972, which creates a task force to study voting systems that comply with the Help America Vote Act of 2002 and their suitability for use in Mississippi elections, is repealed.
SECTION 2. Section 27-104-8, Mississippi Code of 1972, which creates the Commission on Public Procurement Codes to develop a proposed public procurement code or statutes that will provide uniform procedures for the bidding and awarding of contracts for all agencies, departments, offices, divisions, bureaus, commissions, boards or institutions of the state or any instrumentality thereof and any county, municipality or other political subdivision of the state or any instrumentality thereof, is repealed.
SECTION 3. Section 31-29-27, Mississippi Code of 1972, which creates the Institute for Technology Development Oversight Committee to attend meetings of the Institute for Technology Development Board of Directors, to receive all budgets, reports, audits and all financial and other information distributed to the directors of the Institute for Technology Development, to meet and confer with the directors and staff of the Institute for Technology Development, and to perform such other activities as may be necessary or proper in discharging their responsibilities of oversight and liaison with their respective houses of the Legislature, is repealed.
SECTION 4. Section 41-30-39, Mississippi Code of 1972, which creates the Advisory Committee on Alcohol Abuse and Alcoholism of the Advisory Council on Comprehensive Health Planning of the Office of the Governor to consult with and advise the Bureau of Alcohol and Drug Services in carrying out their duties and to comply with any requirements or conditions for receipt of federal funds under federal law, is repealed.
SECTION 5. 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) "Consortium" shall mean
the University Consortium on Alcohol Abuse and Alcoholism.
( * * *e) "State hospitals" shall
mean the Mississippi State Hospital at Whitfield and the East Mississippi State
Hospital at Meridian.
( * * *f) "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.
( * * *g) " 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.
( * * *h) " 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.
( * * *i) "Intoxicated person"
shall mean a person whose mental or physical functioning is substantially
impaired as a result of the use of alcohol or drugs.
( * * *j) "Drug addict" and
"drug addiction" shall have the meanings as defined in Section 41-31-1.
SECTION 6. Section 41-67-41, Mississippi Code of 1972, which creates the Wastewater Advisory Council for the purpose of advising the Mississippi State Department of Health regarding individual on-site wastewater disposal systems, is repealed.
SECTION 7. Section 41-67-31, Mississippi Code of 1972, is amended as follows:
41-67-31. Sections 41-67-1
through 41-67-29 and Sections 41-67-33 through * * * 41-67-39 shall
stand repealed on July 1, 2018.
SECTION 8. Section 41-67-101, Mississippi Code of 1972, is brought forward as follows:
41-67-101. (1) There is created the Wastewater Advisory Board for the purpose of advising the Department of Health regarding individual on-site wastewater disposal systems. The advisory board shall be composed of the following:
(a) One (1) appointee of the Executive Director of the American Council of Engineering;
(b) One (1) appointee of the Executive Director of the Office of Pollution Control;
(c) One (1) appointee of the State Health Officer;
(d) One (1) appointee of the Executive Director of the Home Builders Association of Mississippi;
(e) One (1) appointee of the Chairman of the Mississippi State Board of Health that represents a Mississippi ATU manufacturer;
(f) One (1) appointee of the Executive Director of the Mississippi Engineering Society;
(g) One (1) appointee of the Executive Director of the Mississippi Manufactured Housing Association;
(h) One (1) appointee of the Chairman of the Mississippi State Board of Health that represents a certified installer;
(i) One (1) appointee of the Chairman of the Mississippi State Board of Health that represents a septic tank or aggregate disposal manufacturer;
(j) One (1) appointee of the Executive Director of the Mississippi Rural Water Association;
(k) One (1) appointee of the Executive Director of the Mississippi Association of Supervisors;
(l) One (1) appointee of the President of the Mississippi Pumpers Association;
(m) One (1) appointee of the Executive Director of the Mississippi Soil and Water Conservation Commission;
(n) One (1) appointee of the President of the Mississippi Water and Pollution Control Operators Association, Inc.;
(o) The federally appointed Mississippi State Soil Scientist, or his designee;
(p) One (1) appointee of the Director of the Mississippi State Board of Registered Professional Geologists;
(q) One (1) appointee of the Executive Director of the Mississippi Department of Environmental Quality;
(r) One (1) appointee of the Chairman of the Mississippi State Board of Health;
(s) One (1) appointee of the Executive Director of the Mississippi Association of Realtors;
(t) One (1) appointee of the Executive Director of the Mississippi Municipal League; and
(u) One (1) appointee of the Chairman of the Department of the Mississippi State University School of Civil and Environmental Engineering.
(2) The members of the advisory committee shall elect a chairman and vice chairman from its membership.
(3) The terms of appointments for each member shall be for a period of two (2) years.
(4) The advisory committee shall have quarterly meetings, with at least one (1) of those meetings taking place between forty-five (45) and sixty (60) days before the meeting of the Mississippi State Board of Health.
(5) The Mississippi Department of Health shall staff all advisory committee meetings and record minutes of those meetings.
SECTION 9. Sections 41-95-1, 41-95-3, 41-95-5 and 41-95-7, Mississippi Code of 1972, which create the Mississippi Health Policy Act of 1994 and establish the Mississippi Health Finance Authority and the Mississippi Health Finance Authority Board, are repealed.
SECTION 10. Sections 41-105-1 and 41-105-3, Mississippi Code of 1972, which create the Healthcare Coordinating Council and prescribe the duties of the Healthcare Coordinating Council, are repealed.
SECTION 11. Section 43-33-75, Mississippi Code of 1972, which creates the Housing Task Force to study housing conditions and needs in Mississippi and furnish to the Governor and Legislature a report on its findings, including a comprehensive policy and plan to improve housing in the state, by November 15, 1988, is repealed.
SECTION 12. Section 45-23-7, Mississippi Code of 1972, which creates a Technical Advisory Committee of Boiler and Pressure Vessel Safety to recommend the adoption of the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers as the basis for judging the safe condition of boilers and pressure vessels, to recommend the qualifications of inspectors who will certify as to the safe condition of boilers and pressure vessels, and to recommend the inspection of boilers and pressure vessels as necessary to insure that all such boilers and pressure vessels manufactured and/or used in this state are safe for use, is repealed.
SECTION 13. Section 45-23-9, Mississippi Code of 1972, is amended as follows:
45-23-9. (1) The * * * State Board of Health
(hereinafter board) shall * * * adopt
definitions, rules and regulations for the safe construction, installation,
inspection, care and good practice in the operation, maintenance * * * and repair of boilers and pressure
vessels * * *.
(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 * * * board shall at its
first meeting * * * 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 * * * 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 * * * board shall * * * 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 * * *-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 14. 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, * * * 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 15. Sections 49-31-41 and 49-31-43, Mississippi Code of 1972, which create the Task Force on Recycling to be responsible for developing a comprehensive plan to establish a system to recycle household items and prescribe the duties for the Task Force on Recycling, are repealed.
SECTION 16. Section 49-31-17, Mississippi Code of 1972, is amended as follows:
49-31-17. * * * 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.
* * *
SECTION 17. Section 57-1-3, Mississippi Code of 1972, is amended as follows:
57-1-3. * * * The * * *
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.
* * *
SECTION 18. Section 57-19-15, Mississippi Code of 1972, which creates the Food Technology Advisory Board to review the program conducted by the food technology laboratory, is repealed.
SECTION 19. Sections 61-4-1, 61-4-3, 61-4-5, 61-4-7, 61-4-9, 61-4-11 and 61-4-13, Mississippi Code of 1972, which create the Mississippi Wayport Authority, are repealed.
SECTION 20. 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 21. 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 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;
( * * *f) 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;
( * * *g) 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);
( * * *h) 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;
( * * *i) 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;
( * * *j) 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
( * * *k) 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 22. Section 69-1-61, Mississippi Code of 1972, which creates the Council of State Agencies on Agriculture to coordinate all information, programs, activities and services in the broad field of agriculture and forestry, is repealed.
SECTION 23. Section 69-1-113, Mississippi Code of 1972, which creates the Agricultural Marketing Advisory Task Force to work with and oversee the efforts of the Mississippi Marketing of Agricultural Products and Industry Council to develop an overall market plan, define the relationship of the public agencies' role in marketing, make recommendations concerning organization and funding in production, management and marketing areas and make recommendations for specific functions and responsibilities of state agencies related to the agricultural marketing program, is repealed.
SECTION 24. Section 69-1-115, Mississippi Code of 1972, is amended as follows:
69-1-115. Members of the
council * * *
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 * * * 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 * * * and is signed by the chairman or
vice chairman. The members of the council * * * shall not receive per diem or
expenses while the Legislature is in session. All expenses incurred by and on
behalf of the council * * * shall be paid from a sum to be provided in equal portion
from the contingency funds of the Senate and House of Representatives.
SECTION 25. This act shall take effect and be in force from and after July 1, 2017.
