Bill Text: MS SB2797 | 2012 | Regular Session | Introduced
Bill Title: Open Meetings Act; include rural water systems or associations.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2012-03-06 - Died In Committee [SB2797 Detail]
Download: Mississippi-2012-SB2797-Introduced.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Judiciary, Division B
By: Senator(s) Collins
Senate Bill 2797
AN ACT TO AMEND SECTION 25-41-3, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF THE TERM "PUBLIC BODY" UNDER THE OPEN MEETINGS ACT TO INCLUDE RURAL WATER ASSOCIATIONS, RURAL WATER SYSTEMS OR CERTAIN NONPROFIT, NONSHARE CORPORATIONS UNDER THE OPEN MEETINGS ACT; TO AMEND SECTION 79-11-177, MISSISSIPPI CODE OF 1972, TO SPECIFY THE RIGHTS OF MEMBERS OF MEMBER-OWNED RURAL WATER ASSOCIATIONS OR SYSTEMS; TO PROVIDE THAT SUCH MEMBERS SHALL RECEIVE CERTAIN NOTICE FOR ELECTION OF BOARD MEMBERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-41-3, Mississippi Code of 1972, is amended as follows:
25-41-3. For purposes of this chapter, the following words shall have the meaning ascribed herein, to wit:
(a) "Public body" means any executive or administrative board, commission, authority, council, department, agency, bureau or any other policy-making entity, or committee thereof, of the State of Mississippi, or any political subdivision or municipal corporation of the state, whether such entity be created by statute or executive order, which is supported wholly or in part by public funds or expends public funds, and any standing, interim or special committee of the Mississippi Legislature as well as any rural water association, rural water system or any nonprofit, nonshare corporation chartered under the Mississippi Nonprofit Corporation Act for the purpose of owning and operating rural waterworks. There shall be exempted from the provisions of this chapter:
(i) The judiciary, including all jury deliberations;
(ii) Public and private hospital staffs, public and private hospital boards and committees thereof;
(iii) Law enforcement officials;
(iv) The military;
(v) The State Probation and Parole Board;
(vi) The Workers' Compensation Commission;
(vii) Legislative subcommittees and legislative conference committees;
(viii) The arbitration council established in Section 69-3-19;
(ix) License revocation, suspension and disciplinary proceedings held by the Mississippi State Board of Dental Examiners; and
(x) Hearings and meetings of the Board of Tax Appeals and of the hearing officers and the board of review of the Department of Revenue as provided in Section 27-77-15.
(b) "Meeting" means an assemblage of members of a public body at which official acts may be taken upon a matter over which the public body has supervision, control, jurisdiction or advisory power; "meeting" also means any such assemblage through the use of video or teleconference devices.
SECTION 2. Section 79-11-177, Mississippi Code of 1972, is amended as follows:
79-11-177. (1) All members shall have the same rights and obligations with respect to voting, dissolution, redemption and transfer, unless the articles or bylaws establish classes of membership with different rights or obligations. All members shall have the same rights and obligations with respect to any other matters, except as set forth in or authorized by the articles or bylaws.
(2) In addition to the rights prescribed in subsection (1) of this section, a member of a member-owned rural water association or system, incorporated under this chapter, shall have the right to attend regularly scheduled board meetings of such association or system. If a meeting pertains to the election of board members for an association or system, then the association or system shall provide the member with notice of the scheduled meeting by mail within at least fifteen (15) days of the scheduled meeting.
SECTION 3. This act shall take effect and be in force from and after July 1, 2012.
