Bill Text: MS HB1150 | 2012 | Regular Session | Introduced
Bill Title: Boards and commissions; consolidate and/or reconstitute membership of certain.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-03-06 - Died In Committee [HB1150 Detail]
Download: Mississippi-2012-HB1150-Introduced.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Appropriations
By: Representative Formby
House Bill 1150
AN ACT TO CONSOLIDATE AND RECONSTITUTE CERTAIN BOARDS, COMMISSIONS, COMMITTEES, PANELS AND OTHER SIMILAR ENTITIES; TO BRING FORWARD CHAPTER 1019, LOCAL AND PRIVATE LAWS OF 2004, WHICH RELATES TO THE CAPITAL CITY CONVENTION CENTER COMMISSION, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTIONS 19-5-331, 19-5-333, 19-5-335, 19-5-337 AND 19-5-343, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE COMMERCIAL MOBILE RADIO SERVICE BOARD, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTION 37-21-51, MISSISSIPPI CODE OF 1972, WHICH RELATES TO THE EARLY LEARNING COLLABORATION GRANT PROGRAM, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTIONS 41-73-5, 41-73-7, 41-73-9, 41-73-11 AND 41-73-13, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE HOSPITAL EQUIPMENT FACILITIES AUTHORITY, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTION 41-111-1, MISSISSIPPI CODE OF 1972, WHICH RELATES TO THE CHILD DEATH REVIEW PANEL, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTION 43-13-409, MISSISSIPPI CODE OF 1972, WHICH RELATES TO THE BOARD OF DIRECTORS THAT INVESTS THE FUNDS IN THE HEALTH CARE TRUST FUND AND THE HEALTH CARE EXPENDABLE FUND; TO BRING FORWARD SECTIONS 43-59-3, 43-59-5, 43-59-7 AND 43-59-9, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE MISSISSIPPI COMMISSION ON THE STATUS OF WOMEN, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTIONS 45-39-1, 45-39-3 AND 45-39-5, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE CRIME STOPPERS ADVISORY COUNCIL, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTION 57-83-1, MISSISSIPPI CODE OF 1972, WHICH RELATES TO THE MISSISSIPPI TECHNOLOGY ALLIANCE LIAISON COMMITTEE, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTIONS 69-7-101, 69-7-103, 69-7-105, 69-7-107, 69-7-109, 69-7-111, 69-7-113, 69-7-115, 69-7-117, 69-7-119 AND 69-7-121, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE MISSISSIPPI CENTRAL MARKET BOARD, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTION 73-69-21, MISSISSIPPI CODE OF 1972, WHICH RELATES TO THE ELECTRONIC PROTECTION LICENSING ADVISORY BOARD, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Chapter 1019, Local and Private Laws of 2004, is brought forward as follows:
Section 1. As used in this act, the following words shall have the meanings ascribed to them in this section unless otherwise clearly indicated by the context in which they are used:
(a) "Commission" means the Capital City Convention Center Commission.
(b) "Convention center" means the Capital City Convention Center and other related and ancillary facilities.
(c) "Caterer" means an entity that sells food/beverages and/or other products to or at the convention center or has the franchise rights to provide food/beverages and/or other products at the convention center.
(d) "Governor" means the Governor of the State of Mississippi.
(e) "Hotel" or "motel" means and includes a place of lodging that at any one time will accommodate transient guests on a daily or weekly basis and that is known to the trade as such, and which is located within the city limits of Jackson, Mississippi.
(f) "Mayor" means the Mayor of the City of Jackson, Mississippi.
(g) "Restaurant" means and includes all places where prepared food is sold and whose annual gross proceeds of sales or gross income for the preceding calendar year equals or exceeds One Hundred Thousand Dollars ($100,000.00), and which are located within the city limits of Jackson, Mississippi. For the purpose of calculating gross proceeds of sales or gross income, the sales or income of all establishments owned, operated or controlled by the same person, persons or corporation shall be aggregated.
Section 2. (1) There is hereby created and established in the City of Jackson, Mississippi, a convention center to be named the "Capital City Convention Center."
(2) The commission shall be domiciled in the City of Jackson. It shall have the authority to promulgate and enact all rules and regulations necessary or advantageous to the purpose of the commission.
Section 3. (1) The commission shall be composed of nine (9) members who shall be known as commissioners appointed as follows:
(a) Two (2) hotel/motel members representing hotel or motel properties located within the city limits of Jackson, Mississippi, appointed by the mayor, from a list of four (4) nominees submitted by the Central Mississippi Chapter of Mississippi Lodging Association, for initial terms of one (1) and three (3) years, respectively.
(b) Two (2) restaurant members representing restaurants located within the city limits of Jackson appointed by the mayor, from a list of four (4) nominees submitted by the Jackson Chapter of the Mississippi Restaurant Association, for initial terms of two (2) and four (4) years, respectively.
(c) Two (2) members representing the business community in the City of Jackson appointed by the mayor, from a list of four (4) nominees submitted by the Metro Jackson Chamber of Commerce for initial terms of one (1) and five (5) years respectively. The members appointed pursuant to this paragraph shall be persons who represent businesses located within the city limits of Jackson, Mississippi.
(d) Two (2) members shall be appointed at large by the mayor for initial terms of two (2) and three (3) years respectively. All appointments made by the mayor pursuant to this paragraph shall be residents of the City of Jackson.
(e) One (1) member shall be appointed at large by the Governor for an initial term of four (4) years. All appointments made by the Governor pursuant to this paragraph shall be residents of the City of Jackson.
(2) The terms of all appointments made subsequent to the initial appointment shall be made for five (5) years. Any vacancy which may occur shall be filled in the same manner as the original appointment and shall be made for the unexpired term. Each member of the commission shall serve until his successor is appointed and qualified.
(3) The mayor shall designate a chairman of the commission from among the membership of the commission. The vice chairman and secretary shall be elected by the commission from among the membership of the commission for a term of two (2) years. The vice chairman and secretary may be reelected, and the chairman may be reappointed.
(4) The commissioners shall serve without compensation.
(5) Any commissioner shall be disqualified and shall be removed from office for either of the following reasons:
(a) Conviction of a felony in any state court or in federal court; or
(b) Failure to attend three (3) consecutive meetings without just cause.
If a commissioner is removed for any of the above reasons, the vacancy shall be filled in the manner prescribed in this section and shall be made for the unexpired term.
(6) Before assuming the duties of office, each commissioner shall take the oath prescribed by law and shall enter into and give bond, to be approved by the Secretary of State of the State of Mississippi, in the sum of Twenty-five Thousand Dollars ($25,000.00), conditioned upon the faithful performance of his duties. Such bond shall be payable to the State of Mississippi, and, in the event of a breach thereof, suit may be brought by the State of Mississippi for the benefit of the commission. The premiums on such bonds shall be paid from the funds received by the commission under the provisions of this act.
(7) A quorum shall consist of five (5) members of the commission. The commission shall adopt such rules and regulations as may govern the time and place for holding meetings, regular and special, and other rules and regulations to administer, operate and promote the convention center not inconsistent with the provisions of this act.
Section 4. (1) The commission shall have jurisdiction and authority over all matters relating to the establishment, development, construction, furnishing, equipping, operating and promoting of a convention center within the City of Jackson to be connected to the Mississippi Telecommunication Conference and Training Center located in the City of Jackson, including the authority to enter into such contracts and agreements as may be necessary to carry out the intent of this act. The commission shall adhere to the provisions of the public purchasing laws, public works contracts laws and public bid laws as provided by the laws of the State of Mississippi.
(2) The commission is authorized to contract for the construction, furnishing, equipping, operation and promotion of a convention center and to receive and expend, subject to the provisions of this act, revenues from any source.
Section 5. (1) For the purpose of providing funds for the acquisition, construction, furnishing, equipping, erection, operation, maintenance and promotion of a convention center and for the payment of any debt incurred for the acquisition, construction, equipping and furnishing of a convention center, there is hereby levied and assessed and shall be collected from every person engaging in or doing business in the City of Jackson, in addition to all other taxes currently being levied, assessed and collected:
(a) A tax of one percent (1%) of the gross proceeds of sales of restaurants and of sales of food and beverages in the hotels and motels, including, but not limited to, sales of beer and alcoholic beverages sold to be consumed on the premises;
(b) A tax of three percent (3%) of the gross proceeds of sales of hotel and motel rooms and lodging;
(c) A tax of three percent (3%) of the gross proceeds of sales at the convention center by caterers.
(2) Persons liable for the taxes imposed in this section shall add the amount of tax to the sales price or gross income and, in addition thereto, shall collect, insofar as practicable, the amount of the tax due by them from the person receiving the services or goods at the time of payment therefor.
(3) The tax shall be collected by and paid to the State Tax Commission on a form prescribed by the State Tax Commission, in the same manner that state sales taxes are computed, collected and paid; and the full enforcement provisions of Chapter 65, Title 27, Mississippi Code of 1972, shall apply as necessary to the implementation and administration of this act.
(4) The proceeds of the tax shall be paid to the City of Jackson on or before the fifteenth day of the month following the month in which they were collected.
(5) The proceeds of the tax shall not be considered by the City of Jackson as general fund revenues and shall be placed into a special fund. Money in the special fund shall first be used to pay the debt service on any debt incurred by the city for the acquisition, construction, equipping and furnishing the convention center. The proceeds of the tax shall be used by the commission for the following purposes in the priority set forth:
(a) First, to pay debt service on debt incurred pursuant to this act;
(b) Second, to fund a trust fund to pay any deficit that may occur with respect to the operation of the convention center, not to exceed the amount of Five Hundred Thousand Dollars ($500,000.00) per year; and
(c) The remainder shall be used for the operation, maintenance and promotion of the convention center.
(6) The provisions of this section shall be repealed upon the payment in full of any debt incurred pursuant to the provisions of Section 6 of this act.
Section 6. The governing authorities of the City of Jackson, Mississippi, are authorized to incur debt under any existing law authorizing the issuance of bonds, notes or other evidences of debt, for the purpose of acquiring, constructing, equipping and furnishing of a convention center in an amount not to exceed Sixty-five Million Dollars ($65,000,000.00). In the event that the city elects to issue bonds pursuant to Section 21-33-301 et seq., the bonds shall not be subject to the limitation on indebtedness imposed by Section 21-33-303, to the extent that the bonds are paid with the proceeds of the taxes authorized by this act.
Section 7. (1) Before any tax authorized under this act may be imposed, the governing authorities of the City of Jackson shall adopt a resolution declaring its intention to levy the taxes, setting forth the amount of such tax to be imposed, the date upon which such taxes shall become effective and calling for a referendum to be held on the question. The referendum shall be held on the first Tuesday after the first Monday in November 2004. Notice of such intention shall be published once each week for at least three (3) consecutive weeks in a newspaper published or having a general circulation in the county, with the first publication of such notice to be made not less than twenty-one (21) days before the date fixed in the resolution for the referendum and the last publication to be made not more than seven (7) days before the referendum. At the referendum, all qualified electors of the City of Jackson may vote, and the ballots used in such referendum shall have printed thereon a brief statement of the amount and purposes of the proposed tax levy and the words "FOR THE TAX TO FUND THE CAPITAL CITY CONVENTION CENTER" and, on a separate line, "AGAINST THE TAX TO FUND THE CAPITAL CITY CONVENTION CENTER", and the voters shall vote by placing a cross (X) or check (√) opposite their choice on the proposition. When the results of any such referendum shall have been canvassed by the election commission and certified, the city may levy the taxes beginning on the first day of the second month following the referendum, only if at least sixty percent (60%) of the qualified electors who vote in the election vote in favor of the tax. In the event that sixty percent (60%) of the qualified electors who vote at the referendum vote for the convention center tax and the city elects to issue bonds pursuant to Section 21-33-301 et seq., the city shall not be required to comply with the provisions of Section 21-33-307. No public funds shall be used for the purpose of promoting the adoption of the referendum. No city employee, other than a city elected official, may promote the referendum during working hours. At least thirty (30) days before the effective date of the taxes, the governing authorities of the City of Jackson shall furnish to the State Tax Commission a certified copy of the resolution evidencing the taxes.
(2) If a referendum has been held under the provisions of subsection (1) of this section, and the authority of the city to impose the convention center taxes has been denied by the electors of the city, a subsequent referendum on the issue may be held on the first Tuesday after the first Monday in November 2006. If a second referendum is held, and the authority to impose the convention center taxes has been denied again by the electors of the city, no further referendum may be held.
Section 8. Accounting for receipts and expenditures of the funds described in this act must be made separately from the accounting of receipts and expenditures of the general fund and any other funds of the City of Jackson. The records reflecting the receipts and expenditures of the funds prescribed in this act shall be audited annually by an independent certified public accountant, and the accountant shall make a written report of his audit to the council and the commission. The audit shall be made and completed as soon as practicable after the close of the fiscal year, and expenses of such audit shall be paid from the funds derived pursuant to this act.
Section 9. The provisions of this act shall be repealed in the event that two (2) referenda on the question of imposing convention center taxes have been denied by the electors of the city. If this event occurs, the Clerk of the City of Jackson shall notify the Chairmen of the Local and Private Committees of the House of Representatives and Senate of the Mississippi State Legislature.
Section 10. The governing authorities of the City of Jackson shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.
Section 11. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.
SECTION 2. Section 19-5-331, Mississippi Code of 1972, is brought forward as follows:
19-5-331. As used in Sections 19-5-331 through 19-5-341, the following words and phrases have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a) The terms "board" and "CMRS Board" mean the Commercial Mobile Radio Service Emergency Telephone Services Board.
(b) The term "automatic number identification" or "ANI" means an Enhanced 911 Service capability that enables the automatic display of the ten-digit wireless telephone number used to place a 911 call and includes "pseudo-automatic number identification" or "pseudo-ANI," which means an Enhanced 911 Service capability that enables the automatic display of the number of the cell site and an identification of the CMRS provider.
(c) The term "commercial mobile radio service" or "CMRS" means commercial mobile radio service under Sections 3(27) and 332(d) of the Federal Telecommunications Act of 1996, 47 USCS Section 151 et seq., and the Omnibus Budget Reconciliation Act of 1993, Public Law 103-66. The term includes the term "wireless" and service provided by any wireless real time two-way voice communication device, including radio-telephone communications used in cellular telephone service, personal communication service, or the functional or competitive equivalent of a radio-telephone communications line used in cellular telephone service, a personal communication service, specialized mobile radio service, or a network radio access line. The term does not include service whose customers do not have access to 911 or to a 911-like service, to a communication channel suitable only for data transmission, to a wireless roaming service or other nonlocal radio access line service, or to a private telecommunications system.
(d) The term "commercial mobile radio service provider" or "CMRS provider" means a person or entity who provides commercial mobile radio service or CMRS service.
(e) The term "CMRS connection" means each mobile handset telephone number assigned to a CMRS customer with a place of primary use in the State of Mississippi.
(f) The term "CMRS Fund" means the Commercial Mobile Radio Service Fund required to be established and maintained pursuant to Section 19-5-333.
(g) The term "CMRS service charge" means the CMRS emergency telephone service charge levied and maintained pursuant to Section 19-5-333 and collected pursuant to Section 19-5-335.
(h) The term "distribution formula" means the formula specified in Section 19-5-333(c) by which monies generated from the CMRS service charge are distributed on a percentage basis to emergency communications districts and to the CMRS Fund.
(i) The term "ECD" means an emergency communications district created pursuant to Section 19-5-301 et seq., or by local and private act of the State of Mississippi.
(j) The term "Enhanced 911," "E9ll," "Enhanced E911 system" or "E911 system" means an emergency telephone system that provides the caller with emergency 911 system service, that directs 911 calls to appropriate public safety answering points by selective routing based on the geographical location from which the call originated, and that provides the capability for automatic number identification and other features that the Federal Communications Commission (FCC) may require in the future.
(k) The term "exchange access facility" means an "exchange access facility" as defined by Section 19-5-303.
(l) The term "FCC Order" means Federal Communications Commission orders, rules and regulations issued with respect to implementation of Basic 911 or Enhanced 911 and other emergency communication services.
(m) The term "place of primary use" means the street address representative of where the customer's use of mobile telecommunications services primarily occurs, which must be either the residential street address or the primary business street address of the customer.
(n) The term "service supplier" means a "service supplier" as defined by Section 19-5-303.
(o) The term "technical proprietary information" means technology descriptions, technical information or trade secrets and the actual or developmental costs thereof which are developed, produced or received internally by a CMRS provider or by a CMRS provider's employees, directors, officers or agents.
SECTION 3. Section 19-5-333, Mississippi Code of 1972, is brought forward as follows:
19-5-333. (1) There is created a Commercial Mobile Radio Service (CMRS) Board, consisting of eight (8) members to be appointed by the Governor with the advice and consent of the Senate. The members of the board shall be appointed as follows:
(a) One (1) member from the Northern Public Service Commission District selected from two (2) nominees submitted to the Governor by the Mississippi 911 Coordinators Association;
(b) One (1) member from the Central Public Service Commission District selected from two (2) nominees submitted to the Governor by the Mississippi Chapter of the Association of Public Safety Communication Officers;
(c) One (1) member from the Southern Public Service Commission District selected from two (2) nominees submitted to the Governor by the National Emergency Numbering Association;
(d) Two (2) members who are wireless provider representatives;
(e) One (1) member who is a consumer representing the state at large with no affiliation to the three (3) trade associations or the wireless providers;
(f) One (1) member who is a member of the Mississippi Law Enforcement Officers Association selected from two (2) nominees submitted to the Governor by the association; and
(g) One (1) member who
is a member of the Mississippi
Association of Supervisors selected from two (2) nominees submitted to the
Governor by the association.
The initial terms of the board members, as appointed after July 1, 2002, shall be staggered as follows: the members appointed under paragraph (d) shall serve a term of two (2) years; the member appointed under paragraph (e) shall serve a term of one (1) year. After the expiration of the initial terms, the term for all members shall be four (4) years.
(2) The board shall have the following powers and duties:
(a) To collect and distribute a CMRS emergency telephone service charge on each CMRS customer whose place of primary use is within the state. The rate of such CMRS service charge shall be One Dollar ($1.00) per month per CMRS connection. In the case of prepaid wireless service, the rate and methodology for collecting and remitting the 911 charge is governed by Section 19-5-343. The CMRS service charge shall have uniform application and shall be imposed throughout the state. The board is authorized to receive all revenues derived from the CMRS service charge levied on CMRS connections in the state and collected pursuant to Section 19-5-335.
(b) To establish and maintain the CMRS Fund as an insured, interest-bearing account into which the board shall deposit all revenues derived from the CMRS service charge levied on CMRS connections in the state and collected pursuant to Section 19-5-335. The revenues which are deposited into the CMRS Fund shall not be monies or property of the state and shall not be subject to appropriation by the Legislature. Interest derived from the CMRS Fund shall be divided equally to pay reasonable costs incurred by providers in compliance with the requirements of Sections 19-5-331 through 19-5-341 and to compensate those persons, parties or firms employed by the CMRS Board as contemplated in paragraph (d) of this subsection. The interest income is not subject to the two percent (2%) cap on administrative spending established in Section 19-5-335(3).
(c) To establish a distribution formula by which the board will make disbursements of the CMRS service charge in the following amounts and in the following manner:
(i) Out of the funds collected by the board, thirty percent (30%) shall be deposited into the CMRS Fund, and shall be used to defray the administrative expenses of the board in accordance with Section 19-5-335(3) and to pay the actual costs incurred by such CMRS providers in complying with the wireless E911 service requirements established by the FCC Order and any rules and regulations which are or may be adopted by the FCC pursuant to the FCC Order, including, but not limited to, costs and expenses incurred for designing, upgrading, purchasing, leasing, programming, installing, testing or maintaining all necessary data, hardware and software required in order to provide such service as well as the incremental costs of operating such service. Sworn invoices must be presented to the board in connection with any request for payment and approved by a majority vote of the board prior to any such disbursement, which approval shall not be withheld or delayed unreasonably. In no event shall any invoice for payment be approved for the payment of costs that are not related to compliance with the wireless E911 service requirements established by the FCC Order and any rules and regulations which are or may be adopted by the FCC pursuant to the FCC Order, and any rules and regulations which may be adopted by the FCC with respect to implementation of wireless E911 services.
(ii) The remainder of all funds collected by the board, which shall not be less than seventy percent (70%) of the total funds collected by the board, shall be distributed by the board monthly based on the number of CMRS connections in each ECD for use in providing wireless E911 service, including capital improvements, and in their normal operations. For purposes of distributing the funds to each ECD, every CMRS provider shall identify to the CMRS Board the ECD to which funds should be remitted based on zip code plus four (4) designation, as required by the federal Uniform Sourcing Act.
An ECD board that has within its jurisdiction zip code designations that do not adhere to county lines shall assist CMRS providers in determining the appropriate county to which funds should be distributed.
(d) To contract for the services of accountants, attorneys, consultants, engineers and any other persons, firms or parties the board deems necessary to effectuate the purposes of Sections 19-5-331 through 19-5-341.
(e) To obtain from an independent, third-party auditor retained by the board annual reports to the board no later than sixty (60) days after the close of each fiscal year, which shall provide an accounting for all CMRS service charges deposited into the CMRS Fund during the preceding fiscal year and all disbursements to ECDs during the preceding fiscal year. The board shall provide a copy of the annual reports to the Chairmen of the Public Utilities Committees of the House of Representatives and Senate.
(f) To retain an independent, third-party accountant who shall audit CMRS providers at the discretion of the CMRS Board to verify the accuracy of each CMRS providers' service charge collection. The information obtained by the audits shall be used solely for the purpose of verifying that CMRS providers accurately are collecting and remitting the CMRS service charge and may be used for any legal action initiated by the board against CMRS providers.
(g) To levy interest charges at the legal rate of interest established in Section 75-17-1 on any amount due and outstanding from any CMRS provider who fails to remit service charges in accordance with Section 19-5-335(1).
(h) To promulgate such rules and regulations as may be necessary to effect the provisions of Sections 19-5-331 through 19-5-341.
(i) To make the determinations and disbursements as provided by Section 19-5-333(2)(c).
(j) To maintain a registration database of all CMRS providers and to impose an administrative fine on any provider that fails to comply with the registration requirements in Section 19-5-335.
(3) The CMRS service charge provided in subsection (2)(a) of this section and the service charge provided in Section 19-5-357 to fund the training of public safety telecommunicators shall be the only charges assessed to CMRS customers relating to emergency telephone services.
(4) The board shall serve without compensation; however, members of the board shall be entitled to be reimbursed for actual expenses and travel costs associated with their service in an amount not to exceed the reimbursement authorized for state officers and employees in Section 25-3-41, Mississippi Code of 1972.
(5) It is the Legislature's intent to ensure that the State of Mississippi shall be Phase I compliant by July 1, 2005. For purposes of this subsection, Phase I compliant means the mandate by the FCC that requires any carrier when responding to a PSAP to define and deliver data related to the cell site location and the caller's call-back number.
SECTION 4. Section 19-5-335, Mississippi Code of 1972, is brought forward as follows:
19-5-335. (1) Each CMRS provider shall act as a collection agent for the CMRS Fund and shall, as part of the provider's normal monthly billing process, collect the CMRS service charges levied upon CMRS connections pursuant to Section 19-5-333(2)(a) from each CMRS connection to whom the billing provider provides CMRS service and shall, not later than thirty (30) days after the end of the calendar month in which such CMRS service charges are collected, remit to the board the net CMRS service charges so collected after deducting the fee authorized by subsection (2) of this section. Each billing provider shall list the CMRS service charge as a separate entry on each bill which includes a CMRS service charge.
(2) Each CMRS provider shall be entitled to deduct and retain from the CMRS service charges collected by such provider during each calendar month an amount not to exceed one percent (1%) of the gross aggregate amount of such CMRS service charges so collected as reimbursement for the costs incurred by such provider in collecting, handling and processing such CMRS service charges.
(3) The board shall be entitled to retain from the CMRS service charges collected during each calendar month an amount not to exceed two percent (2%) of the money allocated to the CMRS Fund as reimbursement for the costs incurred by the board in administering Sections 19-5-331 through 19-5-341 including, but not limited to, retaining and paying the independent, third-party auditor to review and disburse the cost recovery funds and to prepare the reports contemplated by Sections 19-5-331 through 19-5-341.
(4) Each CMRS provider shall register with the CMRS Board and shall provide the following information upon registration:
(a) The company name of the provider;
(b) The marketing name of the provider;
(c) The publicly traded name of the provider;
(d) The physical address of the company headquarters and of the main office located in the State of Mississippi; and
(e) The names and addresses of the providers' board of directors/owners.
Each CMRS provider shall notify the board of any change in the information prescribed in paragraphs (a) through (e). The board may suspend the disbursement of cost recovery funds to, and may impose an administrative fine in an amount not to exceed Ten Thousand Dollars ($10,000.00) on any provider which fails to comply with the provisions of this subsection.
SECTION 5. Section 19-5-337, Mississippi Code of 1972, is brought forward as follows:
19-5-337. All technical proprietary information submitted to the board or to the independent, third-party auditor as provided by Section 19-5-333(2)(d) shall be retained by the board and such auditor in confidence and shall be subject to review only by the board. Further, notwithstanding any other provision of the law, no technical proprietary information so submitted shall be subject to subpoena or otherwise released to any person other than to the submitting CMRS provider, the board and the aforesaid independent, third-party auditor without the express permission of the administrator and the submitting CMRS provider. General information collected by the aforesaid independent, third-party auditor shall only be released or published in aggregate amounts which do not identify or allow identification of numbers of subscribers of revenues attributable to an individual CMRS provider.
SECTION 6. Section 19-5-343, Mississippi Code of 1972, is brought forward as follows:
19-5-343. (1) Definitions. For purposes of this section, the following terms shall have the following meanings:
(a) "Consumer" means a person who purchases prepaid wireless telecommunications service in a retail transaction.
(b) "Department" means the Mississippi Department of Revenue.
(c) "Prepaid wireless E911 charge" means the charge that is required to be collected by a seller from a consumer in the amount established under subsection (2).
(d) "Prepaid wireless telecommunications service" means a wireless telecommunications service that allows a caller to dial 911 to access the 911 system, which service must be paid for in advance and is sold in predetermined units or dollars of which the number declines with use in a known amount.
(e) "Provider" means a person who provides prepaid wireless telecommunications service pursuant to a license issued by the Federal Communications Commission.
(f) "Retail transaction" means the purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale.
(g) "Seller" means a person who sells prepaid wireless telecommunications service to another person.
(h) "Wireless telecommunications service" means commercial mobile radio service as defined by Section 20.3 of Title 47 of the Code of Federal Regulations, as amended.
(2) Collection and remittance of E911 charge. (a) Amount of Charge. The prepaid wireless E911 charge shall be One Dollar ($1.00) per retail transaction.
(b) Collection of charge. The prepaid wireless E911 charge shall be collected by the seller from the consumer with respect to each retail transaction occurring in this state. The amount of the prepaid wireless E911 charge shall be either separately stated on an invoice, receipt or other similar document that is provided to the consumer by the seller, or otherwise disclosed to the consumer.
(c) Application of charge. For purposes of paragraph (b) of this subsection, a retail transaction that is effected in person by a consumer at a business location of the seller shall be treated as occurring in this state if that business location is in this state, and any other retail transaction shall be treated as occurring in this state if the retail transaction is treated as occurring in this state for purposes of Section 27-65-19(1)(e)(v)3.c.
(d) Liability for charge. The prepaid wireless E911 charge is the liability of the consumer and not of the seller or of any provider, except that the seller shall be liable to remit all prepaid wireless E911 charges that the seller collects from consumers as provided in subsection (3), including all such charges that the seller is deemed to have collected where the amount of the charge has not been separately stated on an invoice, receipt, or other similar document provided to the consumer by the seller.
(e) Exclusion of E911 charge from base of other taxes and fees. The amount of the prepaid wireless E911 charge that is collected by a seller from a consumer, whether or not such amount is separately stated on an invoice, receipt or other similar document provided to the consumer by the seller, shall not be included in the base for measuring any tax, fee, surcharge or other charge that is imposed by this state, any political subdivision of this state or any intergovernmental agency.
(f) Resetting of charge. The prepaid wireless E911 charge shall be increased or reduced, as applicable, upon any change to the state E911 charge on postpaid wireless telecommunications service under Section 19-5-333. Such increase or reduction shall be effective on the effective date of the change to the postpaid charge or, if later, the first day of the first calendar month to occur at least sixty (60) days after the enactment of the change to the postpaid charge. The department shall provide not less than thirty (30) days of advance notice of such increase or reduction on the commission's Web site.
(3) Administration of E911 charge. (a) Time and manner of payment. Prepaid wireless E911 charges collected by sellers shall be remitted to the department at the times and in the manner provided by Chapter 65 of Title 27 with respect to sales and use taxes. The department shall establish registration and payment procedures that substantially coincide with the registration and payment procedures that apply to Chapter 65 of Title 27.
(b) Seller administrative deduction. A seller shall be permitted to deduct and retain two percent (2%) of prepaid wireless E911 charges that are collected by the seller from consumers.
(c) Audit and appeal procedures. The audit and appeal procedures applicable to Chapter 65 of Title 27 shall apply to prepaid wireless E911 charges.
(d) Exemption documentation. The department shall establish procedures by which a seller of prepaid wireless telecommunications service may document that a sale is not a retail transaction, which procedures shall substantially coincide with the procedures for documenting sale for resale transactions for sales and use tax purposes under Chapter 65 of Title 27.
(e) Disposition of remitted charges. The department shall pay all remitted prepaid wireless E911 charges over to the Commercial Mobile Radio Service Emergency Telephone Services Board within thirty (30) days of receipt, for use by the board in accordance with the purposes permitted by Section 19-5-333, after deducting an amount, not to exceed two percent (2%) of collected charges, that shall be retained by the department to reimburse its direct costs of administering the collection and remittance of prepaid wireless E911 charges. The amount of the distribution shall be determined by dividing the population of the communications district by the state population, and then multiplying that quotient times the total revenues remitted to the department after deducting the amount authorized in this subsection.
(4) No Liability. (a) No liability regarding 911 service. No provider or seller of prepaid wireless telecommunications service shall be liable for damages to any person resulting from or incurred in connection with the provision of, or failure to provide, 911 or E911 service, or for identifying, or failing to identify, the telephone number, address, location or name associated with any person or device that is accessing or attempting to access 911 or E911 service.
(b) No provider of prepaid wireless service shall be liable for damages to any person or entity resulting from or incurred in connection with the provider's provision of assistance to any investigative or law enforcement officer of the United States, this or any other state, or any political subdivision of this or any other state, in connection with any investigation or other law enforcement activity by such law enforcement officer that the provider believes in good faith to be lawful.
(c) Incorporation of postpaid 911 liability protection. In addition to the protection from liability provided by paragraphs (a) and (b) of this subsection, each provider and seller shall be entitled to the further protection from liability, if any, that is provided to providers and sellers of wireless telecommunications service that is not prepaid wireless telecommunications service pursuant to Section 19-5-361.
(5) Exclusivity of prepaid wireless E911 charge. The prepaid wireless E911 charge imposed by this section shall be the only E911 governmental funding obligation imposed with respect to prepaid wireless telecommunications service in this state, and no tax, fee, surcharge or other charge shall be imposed by this state, any political subdivision of this state, or any intergovernmental agency, for E911 funding purposes, upon any provider, seller or consumer with respect to the sale, purchase, use or provision of prepaid wireless telecommunications service.
(6) Notwithstanding any other method or formula of collection and/or distribution of the emergency telephone service charges as specified in this section and as such collection and/or distribution method or formula is specified in this section, a provider may collect and distribute the said charges in any other manner applicable to satisfy the intent and requirements of this section.
SECTION 7. Section 37-21-51, Mississippi Code of 1972, is brought forward as follows:
37-21-51. (1) As used in Sections 37-21-51 through 37-21-55, the term "preschool or prekindergarten children" means any children who have not entered kindergarten.
(2) To ensure that all children have access to quality early childhood education and development services, the Legislature finds and declares the following:
(a) Parents have the primary duty to educate their young preschool children;
(b) The State of Mississippi can assist and educate parents in their role as the primary caregivers and educators of young preschool children; and
(c) There is a need to explore innovative approaches and strategies for aiding parents and families in the education and development of young preschool children.
(3) (a) This subsection shall be known and may be cited as the "Early Learning Collaborative Act of 2007."
(b) The Mississippi Department of Human Services shall implement a voluntary early care and education grant program, which shall be a collaboration among the entities providing prekindergarten programs including Head Start, licensed child care facilities and licensed public, parochial and private school prekindergarten programs. Enrollment in the preschool or prekindergarten program shall be coordinated with the Head Start agencies in the local areas and shall not be permitted to cause a reduction in children served by the Head Start program. Under this program, eligible entities may submit an application for funds to (i) defray the cost of additional teaching staff, appropriate educational materials and equipment and to improve the quality of educational experiences offered to four-year-old children in existing licensed early care and education programs, and/or to (ii) extend developmentally appropriate education services at such existing licensed programs currently serving four-year-old children to include practices of high quality instruction, and to (iii) administer, implement, monitor and evaluate the programs. Grant funds shall be provided on a local entity matching fund basis to be determined by the Department of Human Services.
(c) The Department of Human Services shall contract with an appropriate early care and education program entity to serve as the fiscal agent for the program. All grant applicants shall be required to collaborate with other early care and education programs, provide a local community match to the grant award, designate one (1) entity as fiscal agent for the grant, and meet teacher qualifications.
(d) The early care and education program grants shall be awarded to successful applicants who meet the criteria developed by a committee appointed by the Governor, consisting of, but not limited to, representatives of the Mississippi Department of Human Services Office for Children and Youth, the Mississippi Head Start Association, the Mississippi Head Start Collaboration Office, the Mississippi Department of Education, the Mississippi State Department of Health Child Care Licensure Division and licensed child care facilities, one (1) of which must have a majority low-income population, in the state. The committee shall meet upon call of the Governor and shall organize for business by electing a chairman. Administrative and clerical support for the committee shall be provided by the Department of Human Services. The committee shall establish grant application criteria, procedures and deadlines. The criteria must include all conditions prescribed in paragraph (c), and shall include, but not be limited to: voluntary enrollment of children, qualifications for teachers and assistant teachers, allowed expenses, children with special needs, use of a research-based curriculum aligned with the learning objectives/milestones in the Mississippi Early Learning Guidelines for Four-Year-Old Children, teacher/child ratios, child care facility licensure requirements, and collaboration with other early childhood programs.
(e) Any teacher, assistant teacher or other employee whose salary and fringe benefits are paid from early care and education grants under this act shall not be deemed to be classified as state or local school district employees and shall not be eligible for state health insurance benefits or membership in the Public Employees' Retirement System.
(f) Subject to the availability of funds appropriated therefor, the Department of Human Services shall administer the implementation, monitoring and evaluation of the early care and education grant program including the awards and the application process. The State Department of Education, Office of Reading, Early Childhood and Language Arts, in partnership with the Mississippi Department of Human Services, Office for Children and Youth, shall develop educational criteria regarding research-based curriculum, the state's early learning guidelines and developmentally appropriate educational services. Funding shall be provided subject to appropriation beginning with the 2008 fiscal year. The department shall make an annual report to the Legislature and the Governor regarding the effectiveness of the program.
SECTION 8. Section 41-73-5, Mississippi Code of 1972, is brought forward as follows:
41-73-5. When used in this act, unless the context requires a different definition, the following terms shall have the following meanings:
(a) "Act" means the Mississippi Hospital Equipment and Facilities Authority Act.
(b) "Authority" means the Mississippi Hospital Equipment and Facilities Authority created by this act and any successor to its functions.
(c) "Bonds" means bonds, notes or other evidences of indebtedness of the authority issued pursuant to this act, including refunding bonds.
(d) "Cost" as applied to hospital equipment means any and all costs of such hospital equipment and, without limiting the generality of the foregoing, shall include the following:
(i) All costs of the acquisition, repair, restoration, reconditioning, refinancing or installation of any such hospital equipment and all costs incident or related thereto;
(ii) The cost of any property interest in such hospital equipment including an option to purchase or leasehold interest;
(iii) The cost of architectural, engineering, legal and related services; the cost of the preparation of plans, specifications, studies, surveys and estimates of cost and of revenue; and all other expenses necessary or incident to planning, providing or determining the need for or the feasibility and practicability of such hospital equipment; and the cost of providing or establishing a reasonable reserve fund for the payment of principal and interest on bonds;
(iv) The cost of financing charges, including premiums or prepayment penalties, if any, and interest accrued prior to the acquisition and installation or refinancing of such hospital equipment and after such acquisition and installation or refinancing and start-up costs related to hospital equipment;
(v) Any and all costs paid or incurred in connection with the financing of such hospital equipment, including out-of-pocket expenses, the cost of financing, legal, accounting, financial advisory and consulting fees, expenses and disbursements; the cost of any policy of insurance; the cost of printing, engraving and reproduction services; and the cost of the initial or acceptance fee of any trustee or paying agent;
(vi) All direct or indirect costs of the authority incurred in connection with providing such hospital equipment, including, without limitation, reasonable sums to reimburse the authority for time spent by its agents or employees with respect to providing such hospital equipment and the financing thereof; and
(vii) Any and all costs paid or incurred for the administration of any program for the purchase or lease of or the making of loans for hospital equipment, by the authority and any program for the sale or lease of or the making of loans for such hospital equipment to any participating hospital institution.
(e) "Cost," as applied to hospital facilities, means any and all costs of such hospital facilities and, without limiting the generality of the foregoing, shall include the following:
(i) All costs of the establishment, demolition, site development of new and rehabilitated buildings, rehabilitation, reconstruction repair, erection, building, construction, remodeling, adding to and furnishing of any such hospital facilities and all costs incident or related thereto;
(ii) The cost of acquiring any property interest in such hospital facilities including the purchase thereof, the cost of an option to purchase or the cost of any leasehold interest;
(iii) The cost of architectural, engineering, legal and related services; the cost of the preparation of plans, specifications, studies, surveys and estimates of cost and of revenue; all other expenses necessary or incident to planning, providing or determining the need for or the feasibility and practicability of such hospital facilities or the acquisition thereof; and the cost of providing or establishing a reasonable reserve fund for the payment of principal of and interest on bonds;
(iv) The cost of financing charges, including premiums or prepayment penalties, if any, and interest accrued prior to the acquisition and completion or refinancing of such hospital facilities and after such acquisition and completion or refinancing and start-up costs related to hospital facilities;
(v) Any and all costs paid or incurred in connection with the financing of such hospital facilities, including out-of-pocket expenses, the cost of financing, legal, accounting, financial advisory and consulting fees, expenses and disbursement; the cost of any policy of insurance; the cost of printing, engraving and reproduction services; and the cost of the initial or acceptance fee of any trustee or paying agent;
(vi) All direct or indirect costs of the authority incurred in connection with providing such hospital facilities, including, without limitation, reasonable sums to reimburse the authority for time spent by its agents or employees with respect to providing such hospital facilities and the financing thereof;
(vii) Any and all costs paid or incurred for the administration of any program for the purchase or lease of or the making of loans for hospital facilities, by the authority and any program for the sale or lease of or the making of loans for such hospital facilities to any participating hospital institution; and
(viii) The cost of providing for the payment or the making provision for the payment of, by the appropriate escrowing of monies or securities, the principal of and interest on which when due will be adequate to make such payment, any indebtedness encumbering the revenues or property of a participating hospital institution, whether such payment is to be effected by redemption of such indebtedness prior to maturity or not.
(f) "Hospital equipment" means any personal property which is found and determined by the authority to be required or necessary or helpful for medical care, research, training or teaching, any one (1) or all, in hospital facilities located in the state, irrespective of whether such property is in existence at the time of, or is to be provided after the making of, such finding. Provided further, that major medical equipment as defined in Section 41-7-173(n), shall require a certificate of need prior to the approval of the authority to contract with said hospital.
(g) "Hospital facility" or "hospital facilities" means buildings and structures of any and all types used or useful, in the discretion of the authority, for providing any types of care to the sick, wounded, infirmed, needy, mentally incompetent or elderly and shall include, without limiting the generality of the foregoing, out-patient clinics, laboratories, laundries, nurses', doctors' or interns' residences, administration buildings, office buildings, facilities for research directly involved with hospital care, maintenance, storage or utility facilities, parking lots, and garages and all necessary, useful, or related furnishings, and appurtenances and all lands necessary or convenient as a site for the foregoing.
(h) "Participating hospital institution" or "hospital institution" means a public or private corporation, association, foundation, trust, cooperative, agency, body politic, or other person or organization which provides or operates or proposes to provide or operate hospital facilities not for profit, and which, pursuant to the provisions of this act, contracts with the authority for the financing or refinancing of the lease or other acquisition of hospital equipment or hospital facilities, or both.
(i) "State" means the State of Mississippi.
The use of singular terms herein shall also include the plural of such term and the use of a plural term herein shall also include the singular of such term unless the context clearly requires a different connotation.
SECTION 9. Section 41-73-7, Mississippi Code of 1972, is brought forward as follows:
41-73-7. (1) There is hereby created, with such duties and powers as are set forth in this act, a body politic and corporate, not a state agency, but an independent instrumentality exercising essential public functions, to be known as the Mississippi Hospital Equipment and Facilities Authority.
(2) The authority shall be governed by seven (7) members who shall be appointed by the Governor with the advice and consent of the Senate.
(3) The members shall at all times include the following:
(a) One (1) resident of each of the three (3) Supreme Court districts in the state;
(b) One (1) certified public accountant experienced in hospital finance;
(c) One (1) possessing not less than ten (10) years' experience in hospital management and finance;
(d) One (1) banker with experience in commercial lending or one (1) investment banker with experience in municipal finance;
(e) One (1) chosen at large.
(4) All members shall be residents of the state.
SECTION 10. Section 41-73-9, Mississippi Code of 1972, is brought forward as follows:
41-73-9. Three (3) members shall be appointed for an initial term of one (1) year, two (2) members shall be appointed for an initial term of two (2) years, one (1) member shall be appointed for an initial term of three (3) years and one (1) member shall be appointed for an initial term of four (4) years. All subsequent appointments shall be for terms of four (4) years. Each member shall hold office for the term of his appointment and until his successor shall have been appointed and qualified. Vacancies shall be filled by appointment of the Governor, subject to the advice and consent of the Senate, for the length of the unexpired term only. Any member shall be eligible for reappointment. Any member may be removed from office for incompetency, neglect of duty, or malfeasance in office by the Governor after reasonable notice and a public hearing unless the same are expressly waived in writing. Each member of the authority appointed by the Governor shall, before entering upon his duty, taken an oath of office to administer the duties of his office faithfully and competently, and a record of such oath shall be filed in the Office of the Secretary of State.
SECTION 11. Section 41-73-11, Mississippi Code of 1972, is brought forward as follows:
41-73-11. The chairman of the authority shall be elected from the members of the authority by the vote of all such members. The members shall also elect from among their number a vice chairman and such other officers as they may determine. They shall receive no compensation for their services but shall receive reimbursement for actual and necessary expenses and per diem in accordance with Sections 25-3-41 and 25-3-69, respectively.
SECTION 12. Section 41-73-13, Mississippi Code of 1972, is brought forward as follows:
41-73-13. The powers of the authority shall be vested in the members thereof. Four (4) members of the authority shall constitute a quorum for the transaction of business. The affirmative vote of at least four (4) members shall be necessary for any action to be taken by the authority. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all rights and perform all duties of the authority.
SECTION 13. Section 41-111-1, Mississippi Code of 1972, is brought forward as follows:
41-111-1. (1) There is created the Child Death Review Panel, whose primary purpose is to foster the reduction of infant and child mortality and morbidity in Mississippi and to improve the health status of infants and children.
(2) The Child Death Review Panel shall be composed of fifteen (15) voting members: the State Medical Examiner or his representative, a pathologist on staff at the University of Mississippi Medical Center, an appointee of the Lieutenant Governor, an appointee of the Speaker of the House of Representatives, and one (1) representative from each of the following: the State Coroners Association, the Mississippi Chapter of the American Academy of Pediatrics, the Office of Vital Statistics in the State Department of Health, the Attorney General's office, the State Sheriff's Association, the Mississippi Police Chiefs Association, the Department of Human Services, the Children's Advocacy Center, the State Chapter of the March of Dimes, the State SIDS Alliance, and Compassionate Friends.
(3) The Chairman of the Child Death Review Panel shall be elected annually by the Review Panel membership. The Review Panel shall develop and implement such procedures and policies necessary for its operation, including obtaining and protecting confidential records from the agencies and officials specified in subsection (4) of this section. The Review Panel shall be assigned to the State Department of Health for administrative purposes only, and the department shall designate staff to assist the Review Panel.
(4) The Child Death Review Panel shall submit a report annually to the Chairmen of the House Public Health and Human Services Committee and the Senate Public Health and Welfare Committee on or before December 1. The report shall include the numbers, causes and relevant demographic information on child and infant deaths in Mississippi, and appropriate recommendations to the Legislature on how to most effectively direct state resources to decrease infant and child deaths in Mississippi. Data for the Review Panel's review and reporting shall be provided to the Review Panel, upon the request of the Review Panel, by the State Medical Examiner's office, State Department of Health, Department of Human Services, medical examiners, coroners, health care providers, law enforcement agencies, any other agencies or officials having information that is necessary for the Review Panel to carry out its duties under this section. The State Department of Health shall also be responsible for printing and distributing the annual report(s) on child and infant deaths in Mississippi.
(5) This section shall stand repealed on July 1, 2013.
SECTION 14. Section 43-13-409, Mississippi Code of 1972, is brought forward as follows:
43-13-409. (1) There is established a board of directors to invest the funds in the Health Care Trust Fund and the Health Care Expendable Fund. The board of directors shall consist of thirteen (13) members as follows:
(a) Seven (7) voting members as follows: the State Treasurer or his designee, the Attorney General or his designee, and one (1) member from each congressional district to be appointed by the Governor with the advice and consent of the Senate. Of the members appointed by the Governor, one (1) member shall be appointed for an initial term that expires on March 1, 2000; one (1) member shall be appointed for an initial term that expires on March 1, 2001; one (1) member shall be appointed for an initial term that expires on March 1, 2002; one (1) member shall be appointed for an initial term that expires on March 1, 2003; and one (1) member shall be appointed for an initial term that expires on March 1, 2004. Upon the expiration of any of the initial terms of office, the Governor shall appoint successors by and with the advice and consent of the Senate for terms of five (5) years from the expiration date of the previous term. Any member appointed by the Governor shall be eligible for reappointment. Each member appointed by the Governor shall possess knowledge, skill and experience in business or financial matters commensurate with the duties and responsibilities of the board of directors in administering the Health Care Trust Fund and the Health Care Expendable Fund.
(b) Two (2) nonvoting, advisory members of the Senate shall be appointed by the Lieutenant Governor, and one (1) nonvoting, advisory representative of the health care community shall be appointed by the Lieutenant Governor, who shall serve for the length of the term of the appointing official and shall be eligible for reappointment.
(c) Two (2) nonvoting, advisory members of the House of Representatives shall be appointed by the Speaker of the House, and one (1) nonvoting, advisory representative of the health care community shall be appointed by the Speaker of the House, who shall serve for the length of the term of the appointing official and shall be eligible for reappointment.
(d) Any person appointed to fill a vacancy on the board of directors shall be appointed in the same manner as for a regular appointment and shall serve for the remainder of the unexpired term only.
(2) Nonlegislative members of the board of directors shall serve without compensation, but shall be reimbursed for each day's official duties of the board at the same per diem as established by Section 25-3-69, and actual travel and lodging expenses as established by Section 25-3-41. Legislative members of the board of directors shall receive the same per diem and expense reimbursement as for attending committee meetings when the Legislature is not in regular session.
(3) The State Treasurer shall be the chairman of the board of directors. The board of directors shall annually elect one (1) member to serve as vice chairman of the board. The vice chairman shall act as chairman in the absence of or upon the disability of the chairman or if there is a vacancy in the office of chairman.
(4) All expenses of the board of directors in carrying out its duties and responsibilities under this article, including the payment of per diem and expenses of the nonlegislative members of the board, shall be paid from funds appropriated to the State Treasurer's office for that purpose.
(5) The board of directors shall invest the funds in the Health Care Trust Fund and the Health Care Expendable Fund in any of the investments authorized for the Mississippi Prepaid Affordable College Tuition Program under Section 37-155-9, and those investments shall be subject to the limitations prescribed by Section 37-155-9.
(6) In furtherance of the powers granted under subsection (5) of this section, the board of directors shall have such powers as necessary or convenient to carry out the purposes and provisions of this article, including, but not limited to, the following express powers:
(a) To contract for necessary goods and services, to employ necessary personnel, and to engage the services of consultants for administrative and technical assistance in carrying out its duties and responsibilities in administering the Health Care Trust Fund and the Health Care Expendable Fund;
(b) To administer the Health Care Trust Fund and the Health Care Expendable Fund in a manner that is sufficiently actuarially sound to meet the obligations of this article and to establish a comprehensive investment plan for the purposes of this article, which shall specify the investment policies to be utilized by the board of directors in administering the funds;
(c) Subject to the terms, conditions, limitations and restrictions specified in Section 37-155-9, the board of directors shall have power to sell, assign, transfer and dispose of any of the securities and investments of the Health Care Trust Fund and the Health Care Expendable Fund, provided that any such sale, assignment or transfer has the majority approval of the entire board; and
(d) To annually prepare or cause to be prepared a report setting forth in appropriate detail an accounting of the Health Care Trust Fund and the Health Care Expendable Fund and a description of the financial condition of the funds at the close of each fiscal year, including any recommendations for legislation regarding the investment authority of the board of directors over the funds. The report shall be submitted to the Governor and the Legislative Budget Office on or before September 1 of each fiscal year.
SECTION 15. Section 43-59-3, Mississippi Code of 1972, is brought forward as follows:
43-59-3. (1) There is created the Mississippi Commission on the Status of Women. The commission shall be nonpartisan, and shall be composed of thirteen (13) members to be appointed, with the advice and consent of the Senate, as follows:
(a) Four (4) members shall be appointed by the Governor, including a current or former food stamps recipient and a single parent;
(b) Three (3) members shall be appointed by the Lieutenant Governor, including a current or former college educator with expertise in women's issues;
(c) Three (3) members shall be appointed by the Speaker of the House of Representatives, including a health care professional knowledgeable in women's health issues; and
(d) Three (3) members shall be appointed by the Attorney General, including a law professor or lawyer with expertise in women's issues.
(2) The members of the commission shall be women and men of recognized ability and achievement who are representative of the ethnic, geographic, socioeconomic and cultural diversity of the population of this state, and who have a proven record of efforts to improve the status of women. The initial term of office of one (1) member appointed by the Governor shall expire on June 30, 2002. The initial terms of office of the remaining members shall be fixed by the appointing authorities so that the term of office of one (1) member appointed by each appointing authority expires on June 30, 2003, the term of office of one (1) member appointed by each expires on June 30, 2004, and the terms of office of the remaining three (3) members expires on June 30, 2005. After the expiration of the initial terms, the terms of office of all members shall be four (4) years each, from the expiration date of the previous term. A member may not serve for more than two (2) consecutive terms. All vacancies shall be filled by the appointing authority for the unexpired term.
(3) The commission shall organize by electing a chair, vice chair and secretary from among its members for terms of two (2) years each. Any member is eligible for successive elections to office.
(4) A majority of the members of the commission shall constitute a quorum for transacting business.
(5) Members of the commission may be reimbursed for expenses as provided in Section 25-3-41, and may receive per diem as provided in Section 25-3-69.
(6) The Lieutenant Governor, Speaker of the House and Attorney General shall notify the Governor after they have made their appointments. The Governor then shall designate a place and time for the initial organizational meeting of the commission, which meeting must be before October 1, 2001.
SECTION 16. Section 43-59-5, Mississippi Code of 1972, is brought forward as follows:
43-59-5. The commission shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, including, but not limited to, the following:
(a) To conduct research and to study issues affecting the status of women in Mississippi;
(b) To advise and consult with the executive and legislative branches on policies affecting the status of women in Mississippi;
(c) To publish periodic reports documenting the legal, economic, social and political status, and other concerns of women in Mississippi;
(d) To assess programs and practices in all state agencies as those programs and practices affect women;
(e) To maintain an office and to acquire on a contractual or other basis any legal, technical and research expertise and support services as the commission may require for the discharge of its duties;
(f) To hold hearings, meetings, conferences and workshops, to make and sign any agreements, and to do or perform any acts that may be necessary, desirable or proper to carry out the purposes of this chapter;
(g) To appoint advisers or advisory committees if the commission determines that the experience or expertise of the advisors or advisory committees is needed for projects of the commission;
(h) To apply for and accept funds, grants, gifts and services from the state or federal government or any of their agencies, or any other public or private source, for the purpose of defraying clerical, administrative and other costs as may be necessary in carrying out the commission's duties under this chapter;
(i) To establish nonprofit entities for the purpose of defraying costs incurred in the performance of the commission's duties; and
(j) To utilize voluntary and uncompensated services of private individuals, agencies and organizations as may be offered and needed.
SECTION 17. Section 43-59-7, Mississippi Code of 1972, is brought forward as follows:
43-59-7. (1) The commission shall study issues affecting the status of women in Mississippi, including, but not limited to, the following areas:
(a) Women's educational and employment problems, needs and opportunities;
(b) Women's health issues;
(c) The socioeconomic factors that influence the status of women and the development of women's individual potential;
(d) Current or proposed state laws, practices or conditions in regard to the civil, economic and political rights of women, including, but not limited to, pensions, tax requirements, property rights, marriage and dissolution of marriage provisions, domestic violence and other matters affecting the status of women; and
(e) Any other conditions or practices affecting women which impose special limitations or burdens upon them or which tend to limit opportunities available to women.
(2) The commission shall act as an information center on the status of women and women's educational, employment and other related needs, and on current and proposed legislation affecting women. In this capacity, the commission shall serve as a liaison and clearinghouse between government, private interest groups and the general public concerned with services for women, and in this regard, the commission may publish a periodic newsletter, maintain a website and communicate with and provide information in other ways to these constituencies.
(3) The commission shall educate the business, education, state government and local government communities and the general public about the nature and scope of gender discrimination, violence against women, and other matters affecting the status of women in Mississippi.
(4) The commission shall recommend policies and make recommendations to public and private groups and persons concerned with any issue related to improving the status of women. Toward this end, the commission may develop, prepare and coordinate materials, projects or other activities and give technical and consultative advice. The commission may encourage and help women's organizations, public and private offices and other groups to institute self-help activities designed to meet women's educational, employment and other needs.
(5) The commission shall promote consideration of qualified women for all levels of government positions.
(6) Before November 15 of each year, beginning with November 15, 2002, the commission shall report to the Governor and the Legislature on the commission's activities. The report must include the results of the commission's findings of the preceding year, with recommendations for the removal of such injustices as the commission may find to exist.
SECTION 18. Section 43-59-9, Mississippi Code of 1972, is brought forward as follows:
43-59-9. There is established an interagency council comprised of representatives of state agencies, including, but not limited to, the State Department of Health, State Department of Mental Health, Department of Human Services, State Department of Education, Department of Public Safety, Mississippi Development Authority, Board of Trustees of State Institutions of Higher Learning, State Board for Community and Junior Colleges, Attorney General's Office, Secretary of State's Office and Mississippi Department of Corrections. Each of these agencies shall report to the commission annually through its representative, addressing the current health, employment, educational and overall status of women and the agency's actions to improve women's status. The commission, in its discretion, may call a meeting of the full council; however, full council meetings may not be called more frequently than once during a fiscal year.
SECTION 19. Section 45-39-1, Mississippi Code of 1972, is brought forward as follows:
45-39-1. As used in this chapter:
(a) "Council" means the Crime Stoppers Advisory Council.
(b) "Local crime stoppers program" means the acceptance and spending of donations by a private, nonprofit organization for the awarding of rewards to persons who report information concerning criminal activity to the organization if the organization:
(i) Operates less than statewide; and
(ii) Forwards reported information to the appropriate law enforcement agency.
SECTION 20. Section 45-39-3, Mississippi Code of 1972, is brought forward as follows:
45-39-3. There is hereby created within the Department of Public Safety the Crime Stoppers Advisory Council. The council shall be composed of five (5) persons appointed by the Governor with the advice and consent of the Senate. At least three (3) of the foregoing appointees shall be persons who have participated in a local crime stoppers program. Each member of the council shall serve for a term of two (2) years or until his successor is appointed and qualifies. At the first meeting of the council, which shall be called by the Governor, and at the first meeting after the beginning of each new state fiscal year, the council shall elect from among its members a chairman and such other officers as the council deems necessary. Each member of the council shall receive per diem in the amount established in Section 25-3-69, Mississippi Code of 1972, for each day or portion thereof spent discharging his duties under this chapter and shall receive mileage and expenses as provided in Section 25-3-41, Mississippi Code of 1972.
Expenses of the council shall be paid by the Department of Public Safety out of the State Crime Stoppers Fund, created in Section 45-39-5(4).
SECTION 21. Section 45-39-5, Mississippi Code of 1972, is brought forward as follows:
45-39-5. (1) The council may contract with a person to serve as its director or, with the concurrence of the Commissioner of Public Safety, may employ an individual within the Department of Public Safety to serve as director. The council shall establish the authority and responsibilities of the director.
(2) The council shall:
(a) Advise and assist in the creation of local crime stoppers programs;
(b) Foster the detection of crime and encourage persons to report information about criminal acts;
(c) Encourage news and other media to promote local crime stoppers programs and to inform the public of the functions of the council;
(d) Assist local crime stoppers programs in forwarding information about criminal acts to the appropriate law enforcement agencies; and
(e) Help law enforcement agencies detect and combat crime by increasing the flow of information to and between law enforcement agencies.
(3) The council may adopt rules to carry out its duties under this chapter.
(4) The assessments collected under subsection (5) of Section 99-19-73, Mississippi Code of 1972, and any other funds as may be made available through contributions from private or public sources, shall be deposited in a special fund that is hereby created in the State Treasury and designated the State Crime Stoppers Fund. Monies deposited in the fund shall be expended by the council, pursuant to appropriation therefor by the Legislature, for the authorized purposes of the State Crime Stoppers Program established under this chapter, including, but not limited to, providing reward monies for individuals who legitimately report crime activity. Any such funds paid to such individuals shall be kept confidential by the council, and any audit of the fund and the expenditures of the council shall provide for the confidentiality of any expenditures to such individuals. The Department of Public Safety shall have the authority to accept, budget and expend for any proper expenses of the Crime Stoppers Advisory Council any special source funds made available to the Crime Stoppers Program subject to the approval of the Department of Finance and Administration and in accordance with procedures for federal fund escalations as established in Section 27-104-21.
(5) The council shall have the authority to require financial statement reporting from any local crime stoppers program receiving any type of public funding, including, but not limited to, surcharges, assessments, fees or other funds paid directly to a local crime stoppers program by a municipal or county agency, including funds received under Section 45-39-17.
SECTION 22. Section 57-83-1, Mississippi Code of 1972, is brought forward as follows:
57-83-1. The President of the Senate and the Speaker of the House of Representatives shall each appoint three (3) members of their respective legislative houses to serve as members of the Mississippi Technology, Inc., Liaison Committee. The members of such committee shall be entitled (a) to attend meetings of the Mississippi Technology, Inc., Board of Directors, (b) to receive all budgets, reports, audits and all financial and other information distributed to the directors of Mississippi Technology, Inc., (c) to meet and confer with the directors and staff of Mississippi Technology, Inc., and (d) to perform such other activities as may be necessary or proper in discharging their responsibilities of liaison with their respective houses of the Legislature. The members of the liaison committee shall have no jurisdiction or vote on any matter within the jurisdiction of Mississippi Technology, Inc. The members of the committee shall prepare and submit an annual report to the Legislature no later than December 15 of each calendar year setting forth the activities and financial condition of Mississippi Technology, Inc., and their perspective and comments on the activities of Mississippi Technology, Inc. The report shall also contain recommendations regarding policy or legislative changes for consideration by the Legislature. The members of the Mississippi Technology, Inc., Liaison Committee shall be bound by the same limitations as to confidentiality of information regarding products, processes or the internal affairs of private businesses, as are imposed upon the officers and directors of Mississippi Technology, Inc. When the Legislature is not in session, members shall be paid per diem and all actual and necessary expenses, including mileage expenses, from their respective contingent expense funds at the rate authorized for committee meetings when the Legislature is not in session; however, no per diem and expenses will be paid when the Legislature is in session. The terms of the members of the liaison committee shall expire at the end of their terms of office.
SECTION 23. Section 69-7-101, Mississippi Code of 1972, is brought forward as follows:
69-7-101. For the purpose of aiding, establishing and providing proper facilities for the efficient handling of farm and other food products in the interest of farmer, consumer, the general public and the State of Mississippi, and to assist in the disposal and sale of such products, there is hereby created a Mississippi Central Market Board, hereinafter referred to as the "board."
SECTION 24. Section 69-7-103, Mississippi Code of 1972, is brought forward as follows:
69-7-103. The board shall consist of the State Commissioner of Agriculture and Commerce, who shall be a member and ex officio chairman thereof, and four (4) other members to be appointed by the Governor, one (1) of whom shall be from each highway commissioner's district and the fourth member from the state at large, all of whom shall be qualified electors of the State of Mississippi, one (1) of whom shall be a wholesale groceryman dealing in fruits and vegetables, one (1) a retail groceryman dealing in fruits and vegetables, one (1) a farmer growing fruits and/or vegetables, and one (1) a farmer producing poultry and eggs. In making the first appointments, the term of office of the farmer producing poultry and eggs shall be appointed for one (1) year, the retail groceryman dealing in fruits and vegetables shall be appointed for two (2) years, the farmer growing fruits and/or vegetables shall be appointed for three (3) years, and the wholesale groceryman dealing in fruits and vegetables shall be for four (4) years, and each of the successors shall thereafter be appointed for a term of four (4) years. Vacancies on the board shall be filled by the Governor for the unexpired term.
SECTION 25. Section 69-7-105, Mississippi Code of 1972, is brought forward as follows:
69-7-105. The board shall meet at least once each quarter during the fiscal year and at such other times and places as it may adopt by rule or regulation, and may be called in special session upon notice mailed by the secretary not less than seven (7) days prior to the date of the meeting, but this requirement as to notice may be waived by consent of all members of the board. Three (3) members of the board shall constitute a quorum for the transaction of business, and each member attending any meeting shall receive a per diem as is provided by Section 25-3-69, Mississippi Code of 1972, for each day, or part of a day, for each meeting, and actual expenses incurred attending meetings, except the Commissioner of Agriculture and Commerce who shall receive no compensation for attending meetings.
No member of the board shall draw in salary and expenses a sum in excess of Seven Hundred Fifty Dollars ($750.00) in any fiscal year.
SECTION 26. Section 69-7-107, Mississippi Code of 1972, is brought forward as follows:
69-7-107. The board shall be domiciled at or near Jackson, Mississippi, and shall hold its first meeting in the Office of the State Commissioner of Agriculture and Commerce, within ten (10) days after the members have qualified for office by taking the oath of office as required by the Constitution and filing the same in the Office of the Secretary of State, for the purpose of organizing the board and adopting such rules and regulations for the future activities hereunder as may be necessary and proper to carry out the terms and provisions of this article.
SECTION 27. Section 69-7-109, Mississippi Code of 1972, is brought forward as follows:
69-7-109. The board shall have the power to:
(a) Fix salaries of any authorized employees of the market;
(b) Fix rentals and charges for each type of facility constructed in the market, taking into consideration the cost of such facility, the interest and amortization period required, a proper relationship between types of operators in the market, cost of operation, and the need for reasonable reserves, expansion and the like;
(c) Make investigations and hold hearings and conferences necessary to formulate and adopt a financial building and operating program for a market and make revisions from time to time;
(d) Make rules and regulations which shall govern all such business and all persons and vehicles coming upon the market;
(e) Provide and enforce penalties and liquidated damages relative to breaches of such rules and regulations and any contracts entered into;
(f) Lease the buildings and facilities to farmers, wholesale dealers and other persons engaged in the wholesale marketing of perishable farm products;
(g) Determine and set the hours when the market may open and close during any day or night throughout the year;
(h) Plan, build, construct or cause to be built or constructed, or lease any facilities, on the grounds under the control of the Mississippi Central Market Board, that are deemed necessary for the successful operation of a wholesale market for farm products;
(i) Rent or lease any necessary property, real or personal, on the grounds under the control of the Mississippi Central Market Board, as may be deemed advisable by the board for the successful operation of the market. However, that before leasing or renting any property for use as a filling station or the sale of similar supplies and accessories, the board shall advertise and receive sealed bids therefor, and shall have the power to reject any and all of such bids, or to accept the highest and best bid made therefor, and the lessee shall erect such buildings and add such facilities as necessary to carry out the provisions of this article at the expense of the lessee in addition to any other monies paid as lease money to said board for the purpose of operating a service station. Such establishment shall not be tax exempt. No filling station shall be leased for a monthly rental less than One Cent (1¢) per gallon for each gallon of gasoline sold;
(j) Employ an attorney as prescribed in Section 69-1-14.
The said board shall also have full power and authority to rent or lease real property, on the grounds under the control of the Mississippi Central Market Board, not otherwise used, for a period not to exceed twenty-five (25) years to private concerns for the purpose of processing agricultural products, and providing such facilities found necessary by the board to carry out the purposes of this article, and such facilities, structures, buildings, or other improvements erected or placed thereon by private concerns shall be subject to taxation the same as private property, provided, however, that improvements or facilities erected thereon for processing agricultural products shall not be assessed or taxed until five (5) years after completion of construction. The improvements and facilities erected on said leased property shall be liable for ad valorem taxes and shall be assessed and levied against said leasehold separately from the fee of said lands, and upon failure to pay taxes upon same when due, said facilities and improvements shall be sold by the tax collector as other property is sold for the nonpayment of taxes, but only such rights of the lessee under said lease contract shall be so sold. Upon the failure to pay taxes promptly when due on said lease, said board shall have the power to cancel and terminate said lease immediately and shall thereupon be authorized to lease or re-lease same to another private individual or concern as herein provided.
The provisions hereof regarding taxation shall not apply to those buildings, structures and facilities erected on said property by the board.
The Central Market Board shall maintain or operate local market, after the local board or members of any local market have voted to transfer its activity to the state market board. However, such local market shall be in the sale of produce or farm products, and the Central Market Board shall not be required to assume any outstanding indebtedness in connection with the acquisition of such local market facilities.
SECTION 28. Section 69-7-111, Mississippi Code of 1972, is brought forward as follows:
69-7-111. The board is authorized to select an executive officer to be known as the state market manager, who shall have the ability to operate a large business and who shall have a knowledge of the problems of the growers and distributors and have had experience in the marketing of perishable vegetables. It shall be the duty of the state market manager to manage and control such market as may be established hereunder, subject to the supervision of the board, and to employ, subject to the approval of the board, such employees as may be necessary for the efficient and economical operation and maintenance of such market. The state market manager shall receive such salary as may be fixed by the Legislature, and shall devote his entire time and attention to the discharge of his duties as such manager. He shall attend all meetings of the board and be the secretary thereof and keep the minutes thereof, and shall have custody of its books, records, papers and accounts. The state market manager shall, before assuming the duties of his office, enter into a bond in the sum of Ten Thousand Dollars ($10,000.00) payable to the State of Mississippi conditioned upon the faithful performance of his or her duties.
SECTION 29. Section 69-7-113, Mississippi Code of 1972, is brought forward as follows:
69-7-113. The market manager shall keep, or have kept, records of all leases, rentals, sales, and expense items which shall be audited as other state records are audited. And he shall make, or cause to be made, a report of receipts and disbursements and other information pertaining to the operations of the market to each regular session of the Legislature.
SECTION 30. Section 69-7-115, Mississippi Code of 1972, is brought forward as follows:
69-7-115. The board is hereby authorized subject to the approval of the building commission to acquire by purchase, donation, lease or condemnation, and for and in the name of the State of Mississippi, a suitable site or sites, accessible to highways and railroads and air terminal facilities, and to erect and install thereon such structures, facilities, and equipment as may be necessary for the inspection, grading, standardization, classification, refrigeration, processing and marketing of such products (for both food and feed), within the amount appropriated for such purposes by the Legislature and subject to the approval of the building commission.
SECTION 31. Section 69-7-117, Mississippi Code of 1972, is brought forward as follows:
69-7-117. (1) The Mississippi Central Market Board is authorized and empowered to assume jurisdiction of, and to administer any properties that may be acquired by the State of Mississippi for the use and benefit of said Mississippi Central Market Board, located at Prairie, Monroe County, Mississippi, and to administer the affairs of said properties in accordance with the authority conferred on said Mississippi Central Market Board by this article.
(2) The Mississippi Central Market Board is hereby authorized and empowered to lease, or rent, to any corporation, individual, partnership, municipality, county or political subdivision thereof, any part of the property under their jurisdiction, or which may hereafter come under their jurisdiction, located at Prairie, Monroe County, Mississippi, that cannot be used for the purposes as set forth in this article.
(3) The funds derived from any lease, or rental contract entered into under authority of this section shall be placed in the State Treasury to the credit of the General Fund of the state.
(4) The Mississippi Central Market Board shall not enter into any lease, or rental contract under authority of this section, until such lease, or rental contract has first been approved by the Agricultural and Industrial Board, and their approval of same entered upon their minutes.
SECTION 32. Section 69-7-119, Mississippi Code of 1972, is brought forward as follows:
69-7-119. The board shall not have the power to:
(a) Acquire, construct, maintain or operate any market or facility which is not operated primarily for the purpose of purchasing and selling at wholesale;
(b) Engage in the purchase or sale of farm produce, except the leasing as a grower or produce dealer of a stall or store upon the market and such transactions as are ordinarily incidental thereto and at the same rental as like businesses pay.
SECTION 33. Section 69-7-121, Mississippi Code of 1972, is brought forward as follows:
69-7-121. All funds collected under this article shall be deposited in the State Treasury to the credit of Central Market Fund and shall be used solely for payment of the expenses of operation and maintenance of such market and facilities including the acquisition, leasing, maintenance and operation of local farm market facilities located at other points in the State of Mississippi as provided for herein, and for the employment of such production and marketing personnel as will, in the discretion of the Central Market Board, more effectively promote the operation of such market, on warrants issued according to law pursuant to payment vouchers signed by the chairman or his designee.
SECTION 34. Section 73-69-21, Mississippi Code of 1972, is brought forward as follows:
73-69-21. (1) The Electronic Protection Licensing Advisory Board is hereby created within the Department of Insurance. The board shall be composed of seven (7) members, as follows:
(a) Three (3) members shall be appointed by the Governor, one (1) member from each State Supreme Court District. Each member shall possess a valid Class A or Class B license and may be appointed from a list submitted by the Mississippi Alarm Association. Each of these appointments initially will have staggered terms. One (1) appointment will serve for two (2) years, one (1) appointment will serve for three (3) years, and the last appointment will serve for four (4) years. After the initial appointment terms, each appointee will serve for four (4) years.
(b) One (1) member shall be appointed by the State Fire Marshal from a list of nominees submitted to the State Fire Marshal by the Mississippi Alarm Association as a representative from the Alarm Manufacturing Industry. This appointment will serve for four (4) years.
(c) Two (2) members shall be appointed by the Governor at his discretion, one (1) of which shall be a law enforcement officer and one (1) shall be from the private sector. Each of these appointments will serve for four (4) years, concurrent with the term of the Governor.
(d) One (1) member shall be an employee of the Office of the State Fire Marshal designated by the State Fire Marshal. Such member shall serve as the chairman of the advisory board.
(2) (a) Each appointed member shall serve a term of four (4) years.
(b) The member designated by the State Fire Marshal shall serve a term concurrent with the term of the State Fire Marshal making such designation.
(c) No member shall serve more than two (2) consecutive terms except the member designated by the State Fire Marshal.
(d) A vacancy on the board occurring prior to expiration of a term shall be filled in the manner of the original appointment for the remainder of the term.
(3) The board shall meet at every quarter, or upon the call of the chairman or upon the written request of any three (3) members of the board. Notice of any such meeting shall be given to board members and the public at least fourteen (14) days in advance.
(4) Four (4) members of the board shall constitute a quorum for the transaction of business. The board may take action by majority vote of its members present and voting.
(5) Each appointed member of the board shall be reimbursed for travel and related expenses incurred, not to exceed those expenses authorized for reimbursement by the Department of Insurance, for each day that the member engages in board business.
(6) No member of the board shall be liable to civil action for any act performed in good faith in the execution of his duties as a board member.
SECTION 35. This act shall take effect and be in force from and after July 1, 2012.
