Bill Text: MS SB2912 | 2024 | Regular Session | Introduced


Bill Title: Department of Archives and History; revise appointing authority for members of the Board of Trustees and Director.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2024-03-05 - Died In Committee [SB2912 Detail]

Download: Mississippi-2024-SB2912-Introduced.html

MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Government Structure

By: Senator(s) DeLano

Senate Bill 2912

AN ACT TO AMEND SECTIONS 39-5-3 AND 39-5-7, MISSISSIPPI CODE OF 1972, TO REVISE THE APPOINTING AUTHORITY FOR MEMBERS OF THE BOARD OF TRUSTEES AND THE DIRECTOR OF THE DEPARTMENT OF ARCHIVES AND HISTORY; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 39-5-3, Mississippi Code of 1972, is amended as follows:

     39-5-3.  The Department of Archives and History shall be under the control of a board of nine (9) trustees. * * *  The board shall have the power and authority to fill all vacancies occurring therein, whether by expiration of term of service or by death or resignation, but the names of all newly elected members shall be communicated to the next ensuing session of the State Senate for confirmation, and in case it shall reject any of the said newly elected trustees it shall proceed forthwith to fill the vacancy or vacancies by an election.  All trustees chosen to succeed the present members or their successors  Effective on July 1, 2024, the then current board shall be dissolved and replaced with five (5) trustees selected by the Governor and four (4) trustees selected by the Lieutenant Governor.  Appointments of these new board members effective on July 1, 2024, shall occur contemporaneously with the dissolution of the previous board.  The Governor and the Lieutenant Governor may appoint previous serving board members or new individuals who have not previously served on the board.  Following the initial appointment of the new board of trustees effective on July 1, 2024, the names of all newly appointed members of the board shall be communicated to the next ensuing session of the State Senate for confirmation, and in case it shall reject any newly elected trustee, the Governor or Lieutenant Governor, whichever appointed the rejected appointee, shall proceed forthwith to fill the vacancy or vacancies in accordance with this section.  Following the initial appointment of the new board of trustees effective on July 1, 2024, the Governor and Lieutenant Governor shall retain the power and authority to fill all vacancies occurring thereon, whether by expiration of term of service or by death or resignation, but the names of all newly appointed members shall be communicated to the next ensuing session of the State Senate for confirmation, and in case it shall reject any newly elected trustee, the Governor or Lieutenant Governor, whichever appointed the rejected appointee, shall proceed forthwith to fill the vacancy or vacancies by another appointment.  All trustees appointed by the Governor or Lieutenant Governor and confirmed by the State Senate in accordance with this section shall serve for a term of six (6) years.  The board of trustees shall hold at the State Capitol at least one (1) regular meeting during the year, and as many special meetings as may be necessary, and at said meetings five (5) members shall constitute a quorum. * * *  The Director of the Department of Archives and History, hereinafter provided, shall be  By a simple majority vote, the board shall annually elect a secretary of the board who may be a member of the board or the director or any other employee of the Department of Archives and History.  The trustees shall receive no compensation for their services other than the amount of their necessary expenses actually paid out while in attendance on the meetings of the board or the business of the department.  The board is empowered to adopt rules for its own government and for the government of the department, to elect and fix the compensation of a director not to exceed the maximum set by the Legislature, and other officials or employees, and to do and perform such other acts and things as may be necessary to carry out the true intent and purposes of this chapter.

     SECTION 2.  Section 39-5-7, Mississippi Code of 1972, is amended as follows:

     39-5-7.  The Department of Archives and History shall be under the immediate management and control of a director, to be * * * elected appointed annually by the board of trustees * * *, whose term of office shall be six (6) years, and until his successor is elected and qualified.  He with such appointment being subject to the approval of the Governor before the appointment shall be effective.  The director shall take an oath of office as do other state officials, and shall be commissioned in like manner.  He shall have authority to adopt a seal for use in official business.  He shall devote his time to the work of the department, using his best endeavor to develop and build it up, so as to carry out the design of its creation.  He shall have the control and direction of the work and operations of the department, and shall preserve its collection, care for the official archives that may come into his custody, collect, as far as possible, all materials bearing upon the history of the state and the territory included therein from the earliest times, prepare the official registers hereinafter provided, and diffuse knowledge in reference to the history and resources of the state.  The director of the department shall make a report of the expenses of the department to the Legislature of the state as state officers.

     SECTION 3.  This act shall take effect and be in force from and after its passage.


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