Bill Text: MS SB2758 | 2013 | Regular Session | Engrossed
Bill Title: State ports; revise membership of board.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-03-05 - Died In Committee [SB2758 Detail]
Download: Mississippi-2013-SB2758-Engrossed.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Ports and Marine Resources
By: Senator(s) Wiggins
Senate Bill 2758
(As Passed the Senate)
AN ACT TO AMEND SECTION 59-5-21, MISSISSIPPI CODE OF 1972, TO RECONSTITUTE AND REVISE THE QUALIFICATIONS OF THE BOARD OF THE STATE PORT AUTHORITY; TO TRANSFER CERTAIN DUTIES FROM THE MISSISSIPPI DEVELOPMENT AUTHORITY TO THE BOARD; TO AMEND SECTIONS 59-5-1, 59-5-7, 59-5-9, 59-5-35, AND 59-5-37, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 59-11-3, MISSISSIPPI CODE OF 1972, TO REVISE THE NUMBER OF COMMISSIONERS THAT ARE APPOINTED TO A CERTAIN COUNTY PORT AND HARBOR COMMISSION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Legislature hereby finds that in a modern world economy where speed-to-market, seamless processes, multimodal access and flexibility are essential to successfully compete, state ports must be staffed with personnel with the expertise and knowledge in productive operations, large cargo and big ship handling, and efficient marketing.
SECTION 2. Section 59-5-1, Mississippi Code of 1972, is amended as follows:
59-5-1. This chapter may be cited as the "State Ports and Harbors Law."
As used in this chapter the
word "board" * * *
means the * * * board of directors of the state port
authority created in Section 59-5-21.
SECTION 3. Section 59-5-7, Mississippi Code of 1972, is amended as follows:
59-5-7. The carrying out of the corporate purposes of the board and the state port authority hereinafter created is in all respects for the benefit of the people of the State of Mississippi and is a public purpose, and the board and such state port authority will be performing an essential governmental function in the exercise of the powers conferred upon them by this chapter.
SECTION 4. Section 59-5-9, Mississippi Code of 1972, is amended as follows:
59-5-9. There is hereby
vested in the board the duty to implement such declared public policy * * *. Wide latitude and
discretion shall be vested in the board in the exercise of its powers and
duties, and the enumeration of specific rights, powers, and duties of * * * the board, when followed by general
powers, shall not be construed in the restrictive sense.
SECTION 5. Section 59-5-21, Mississippi Code of 1972, is amended as follows:
59-5-21. (1) Any
port or harbor, or any part thereof, and all facilities, structures, lands or
other improvements, acquired by or conveyed to the state, shall be operated by * * * and through a state
port authority for such port or harbor, except as may be otherwise provided in
this chapter. * * *
The state port authority shall be an agency of the state and shall be
vested, in addition to the rights, powers and duties conferred hereunder, with
the same jurisdiction and the same rights, powers and duties vested by law in the
port commission or port authority or other authorized port or harbor agency
having jurisdiction of such port or harbor under statutes in effect on the date
of the conveyance of such port or harbor, or any part thereof, to the state.
(2) * * *
On July 1, 2013, the board of the state port authority shall be
reconstituted to consist of nine (9) members, seven (7) voting members five (5)
appointed by the Governor, one (1) member by the governing authority of the
municipality in which the port is located , one (1) member appointed by the
board of supervisors in which the port is located, the Lieutenant Governor, or
his designee, and the executive director of the Mississippi Department of Transportation,
or his designee. The Lieutenant Governor and the Executive Director of the
Mississippi Department of Transportation shall serve on the board, ex officio,
as nonvoting members.
(3) The appointed members of the board shall be with the advice and consent of the Senate. The initial appointments by the municipality and county shall be for a term of five (5) years. The initial appointments to the board by the Governor shall be for staggered terms, to be designated by the Governor at the time of appointment as follows:
(a) One (1) member appointed for a term of one (1) year,
(b) One (1) member appointed for a term of two (2) years,
(c) One (1) member for a term of three (3) years,
(d) One (1) member for a term of four (4) years, and
(e) One (1) member for a term of five (5) years.
All succeeding appointments shall be for terms of five (5) years. Any vacancy in the office of an appointed member shall be filled for the balance of the unexpired term.
(4) Each appointed member of the board must possess a four-year baccalaureate or more advanced degree from a recognized institution of higher learning; and have at least five (5) years of experience in one (1) or any combination of the following fields of expertise:
(a) Maritime shipping;
(b) Labor related to maritime shipping;
(c) Overland shipping by truck or rail, or both;
(d) International commerce;
(e) Accounting;
(f) Engineering; or
(g) Law.
(5) To the greatest extent possible, the Governor shall ensure that the diverse qualification and interests of the board are represented.
(6) The board shall elect a chairman, and a secretary of the board. A majority of the voting members shall constitute a quorum of the board.
(7) The members of
the board of the state port authority shall organize in the same manner
authorized by law for the port commission or port authority formerly having
jurisdiction over such port or harbor, or any part thereof. Members of the
state port authority shall be entitled to compensation pursuant to Section 25-3-69
and travel expenses pursuant to Section 25-3-41. In its operation of such port
or harbor, or any part thereof, such state port authority shall not be
responsible to the city or county, or other authorized port or harbor agency,
in which such port or harbor, or any part thereof, may be located, but shall be
responsible solely to the board, and the board shall have the same rights and
duties and the same relationship toward such state port authority as is vested
by law in the county, city or other authorized port or harbor agency in its
relation to the port commission or port authority formerly having jurisdiction
of such port or harbor, or part thereof. Before entering upon the duties of
the office, each of * * *
the members shall take and subscribe to the oath of office required by
Section 268 of the Constitution of the State of Mississippi, and shall file
same with the Secretary of State, and shall give bond in the sum of Ten
Thousand Dollars ($10,000.00), with a surety company or companies, authorized
to do business in this state, conditioned according to law, and to be delivered
to and approved by the Treasurer of the State of Mississippi; the premiums on
said bonds shall be paid from port funds.
SECTION 6. Section 59-5-35, Mississippi Code of 1972, is amended as follows:
59-5-35. The board * * *
is authorized to set aside, or lease all or portions of any lands, roads,
docks, sheds, warehouses, elevators, compresses, floating dry docks, graving
docks, marine railways, tugboats, or any other necessary or useful improvements
constructed or acquired by it to individuals, firms, or corporations, public or
private, for port, harbor, commercial or industrial purposes for a period not
to exceed ninety-nine (99) years, or to execute a conveyance of sale,
except as otherwise limited by law, on such terms and conditions and with such
safeguards as would best promote and protect the public interest. Any
industrial lease of lands may be executed upon such terms and conditions and
for such monetary rental or other consideration as may be found adequate and
approved by the board in orders or resolutions authorizing the same. Any
covenants and agreements of the lessee to make expenditures in determined
amounts, and within such time or times, for improvements to be erected upon the
land, by such lessee and to conduct thereon industrial and/or other operations
in such aggregate payroll amounts and for such period of time as may be
determined and defined in such lease, and to give preference in employment
where practical to residents of the State of Mississippi, and to qualified
residents of the city and of the county in which such port or harbor is
located, shall, if included in such lease, constitute and be
deemed sufficient consideration for the execution of any such lease in the
absence of monetary rental or other considerations; and such instrument may
contain reasonable provisions giving the lessee the right to remove its or his
improvements upon the termination of the lease. All leases theretofore made by
any port commission, port authority, or other public agency authorized by law
to execute leases for port, harbor, commercial or industrial improvements,
which leases are now in effect or which may be hereafter executed by any such
public agency or by the board, and all structures and all improvements and
other permanent facilities erected, installed or located by such lessees or
their successors or assignees within the limits of any port, harbor or part
thereof, may be free and exempt from all state, county, and municipal ad
valorem taxes if so stipulated in such lease, and for such period as may be
fixed in such lease.
SECTION 7. Section 59-5-37, Mississippi Code of 1972, is amended as follows:
59-5-37. (1) The board * * * of the State Port Authority, in the
performance of its duties, may employ such personnel and make all contracts and
purchases incidental to or necessary for the advancement, promotion,
development, establishment, insurance, maintenance, repair, improvement and
operation of any ports, harbors, rivers, channels and waterways including, if
required for its protection, retirement benefits, workers' compensation
insurance and other employee benefits for the benefit of any employees of the
board or State Port Authority. The board * * * of the State Port Authority may
establish a trade development and promotion account to pay all direct and
necessary expenses for the promotion and development of the state port. The * * * board is granted the power to
sue and be sued in its own name.
(2) (a) The board * * * of the State Port Authority may, in
its discretion, make such contracts or purchases according to the state
purchasing laws. Contracts let for any port, harbor, river, channel or
waterway improvements shall be advertised as required by law for the letting of
public contracts, and such contracts shall be awarded to the lowest and best
bidder who shall make bond as shall be required by the board or State Port
Authority conditioned for the faithful prosecution and completion of work
according to such contracts, such bond to be furnished by a corporate surety
company qualified to do business in this state. However, the board may
negotiate and enter into contracts with responsible lessees for the
construction of facilities by lessees, such as those referred to in Section 59-5-11,
and the acquisition thereof by the board upon such terms and conditions and for
such amount as may be approved by the board.
(b) The * * * board shall be
considered to be a "governing authority" under the state public
purchasing laws as that term is defined in Section 31-7-1 and used in Sections
31-7-1 through 31-7-73, and shall not be subject to the jurisdiction of the
Department of Finance and Administration, the Public Procurement Review Board
or the Bureau of Building, Grounds and Real Property Management under the
provisions of Sections 27-104-7, 29-5-2 and 31-11-3.
(3) (a) The board * * *, in its discretion, may
use the design-build method of contracting for the renovation, repair and/or
making of other improvements to not more than one (1) freezer and related
equipment and/or facilities at the State Port at Gulfport, Mississippi. For
the purposes of this subsection (3), the term "design-build method of
contracting" means a contract that combines the design and construction
phases of a project into a single contract and the contractor is required to
satisfactorily perform, at a minimum, both the design and construction of the
project.
(b) This subsection
(3) shall stand repealed from and after July 1, * * * 2014.
SECTION 8. Section 59-11-3, Mississippi Code of 1972, is amended as follows:
59-11-3. (1) Any county
port and harbor commission created pursuant to Section 59-11-1 shall be
appointed as follows: * * * three (3) members shall be appointed by the Governor,
one (1) from each of the * * *two (2) three (3) municipalities of the county, which
appointments shall be made from those persons recommended and nominated by the
governing authorities of the municipalities, and shall be qualified electors of
the county; and five (5) members shall be appointed by the board of supervisors
of such county, each supervisor to recommend the appointment of one (1) member
thereof. The members of the county port and harbor commission shall serve for
terms concurrent with that of the Governor and the board of supervisors making
such appointment.
(2) Each member of the county port and harbor commission shall receive per diem compensation in an amount up to Eighty-four Dollars ($84.00) for each day engaged in attendance of meetings of the county port and harbor commission or when engaged in other duties of the county port and harbor commission, and shall be reimbursed for mileage and actual travel expenses at the rate authorized for county employees under Section 25-3-41.
SECTION 9. This act shall take effect and be in force from and after its passage.
