Enforcement Board


Underground Facilities Damage Prevention Board

There is created an Underground Facilities Damage Prevention Board for the purpose of enforcing this chapter. It is the intent of the Legislature that the board and its enforcement activities not be funded by appropriations from the state budget.

The Pipeline Safety Division will provide administrative, investigative and legal support for the board as deemed necessary and approved by the board. The Pipeline Safety Division shall charge to the board the expenses associated with the administration, investigative and legal duties requested by the board.

The board shall be composed of sixteen (16) members and all board appointments shall be made on or before July 31, 2016, as follows:

The President of Mississippi 811, Inc., or his designee;

One (1) representative of the telecommunications industry, appointed by the Governor;

One (1) representative of the excavation, utility and/or site construction industry, appointed by the Lieutenant Governor;

One (1) representative of the electric power industry investor-owned utilities, appointed by the Governor;

One (1) representative of the Electric Power Associations of Mississippi, appointed by the Lieutenant Governor;

The Executive Director of the Mississippi Department of Transportation, or his designee;

One (1) representative of the cable industry appointed by the Governor;

One (1) representative of the Pipeline Safety Division, serving as an ex officio, nonvoting member;

One (1) representative of the natural gas or liquid transmission industry, appointed by the Lieutenant Governor;

One (1) representative of the natural gas or liquid distribution industry, appointed by the Lieutenant Governor;

The Executive Director of the Mississippi Association of Professional Surveyors, Inc., or his designee;

The Executive Director of the Mississippi Association of Supervisors, or his designee;

The Executive Director of the Mississippi Municipal League, or his designee;

The Executive Director of the Mississippi Homebuilders Association, or his designee;

The Chief Executive Officer of the Mississippi Rural Water Association, or his designee; and

The Executive Director of the American Council of Engineering Companies of Mississippi, or his designee.

 

 

The initial term of the appointed members provided in paragraphs (b) and (c) of subsection (4) shall end December 31, 2017; the initial term of the appointed members provided in paragraphs (d) and (e) of subsection (4) shall end December 31, 2019; and the initial term of the representatives provided in paragraphs (g), (i) and (j) of subsection (4) shall end December 31, 2021. After the expiration of the initial terms, all appointed members shall serve a term of five (5) years.

The Governor shall appoint the initial chairman of the board, and the initial board shall elect other officers as the board deems necessary. The board shall meet and elect a chairman and other officers every two (2) years thereafter. The staff of Mississippi 811, Inc., shall serve as staff support for the board.

The board shall meet no less than three (3) times each year, with a date and time to be set by its chairman upon at least five (5) business days’ notice provided by United States mail, electronic mail or personal delivery to every board member.

Eight (8) members of the board shall constitute a quorum and a majority vote of those present and voting at any meeting shall be necessary to transact business.

The members of the board shall be immune, individually and jointly, from civil liability for any act or omission done or made in the performance of their duties while serving as members of the board, but only in the absence of willful misconduct.

The members of the board shall serve without compensation.

The board shall elect from its membership an executive committee, which shall have the exclusive authority for levying civil penalties and taking action as described in Section 77-13-27. The executive committee shall be composed of the following five (5) members of the board:

One (1) member appointed from subsection (4)(c) of this section;

One (1) member from a state agency or local government;

One (1) member appointed from subsection (4)(b), (d), (e), (g) or (o) of this section;

One (1) member appointed from subsection (4)(i) or (j) of this section; and
One (1) member chosen at large from the board from any paragraph of subsection (4) of this section.

A member serving on the executive committee shall be limited to two (2) consecutive one-year terms. No executive committee member may participate in a vote on any matter in which his employer is the alleged violator or has incurred damage to its facilities as a result of the alleged violation.

The board and the executive committee may hold meetings and vote by telephone, television, or other electronic means.