Bill Text: MS HB877 | 2017 | Regular Session | Introduced
Bill Title: Mississippi Transportation Commission; abolish and create appointed position of Commissioner of Transportation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-01-31 - Died In Committee [HB877 Detail]
Download: Mississippi-2017-HB877-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Transportation
By: Representative Chism
House Bill 877
AN ACT TO AMEND SECTION 65-1-1, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN DEFINITIONS REGARDING THE MISSISSIPPI TRANSPORTATION COMMISSION AND MISSISSIPPI DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 65-1-2, MISSISSIPPI CODE OF 1972, TO DELETE CERTAIN PROVISIONS REGARDING THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 65-1-3, MISSISSIPPI CODE OF 1972, TO ABOLISH THE MISSISSIPPI TRANSPORTATION COMMISSION AND PROVIDE THAT THE HEAD OF THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION SHALL BE THE COMMISSIONER OF TRANSPORTATION; TO REPEAL SECTION 65-1-5, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE ORGANIZATION AND MEETINGS OF THE MISSISSIPPI TRANSPORTATION COMMISSION; TO REPEAL SECTION 65-1-7, MISSISSIPPI CODE OF 1972, WHICH REGARDS COMPENSATION FOR THE MISSISSIPPI TRANSPORTATION COMMISSION; TO AMEND SECTION 65-1-8, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE POWERS OF THE COMMISSIONER OF TRANSPORTATION; TO REPEAL SECTION 65-1-9, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE MISSISSIPPI TRANSPORTATION COMMISSION TO APPOINT AN EXECUTIVE DIRECTOR OF THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 65-1-10, MISSISSIPPI CODE OF 1972, TO PROVIDE CERTAIN DUTIES OF THE MISSISSIPPI COMMISSIONER OF TRANSPORTATION; TO AMEND SECTION 65-1-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE CHIEF ENGINEER SHALL BE A DEPUTY COMMISSIONER OF THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 65-1-13, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A DEPUTY COMMISSIONER OF ADMINISTRATION OF THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION; TO REPEAL SECTION 65-1-15, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE MISSISSIPPI TRANSPORTATION COMMISSION TO EMPLOY A SECRETARY; TO AMEND SECTIONS 65-1-17, 65-1-20, 65-1-23, 65-1-25, 65-1-27, 65-1-29, 65-1-31, 65-1-33, 65-1-35, 65-1-37, 65-1-39, 65-1-41, 65-1-43, 65-1-45, 65-1-46, 65-1-47, 65-1-49, 65-1-51, 65-1-57, 65-1-59, 65-1-61, 65-1-63, 65-1-65, 65-1-67, 65-1-69, 65-1-70.5, 65-1-71, 65-1-73, 65-1-75, 65-1-77, 65-1-79, 65-1-81, 65-1-83, 65-1-85, 65-1-86, 65-1-87, 65-1-89, 65-1-91, 65-1-110, 65-1-111, 65-1-113, 65-1-115, 65-1-117, 65-1-121, 65-1-123, 65-1-127, 65-1-129, 65-1-131, 65-1-135, 65-1-136, 65-1-137, 65-1-141, 65-1-145, 65-1-149, 65-1-151, 65-1-155, 65-1-167, 65-1-169, 65-1-173, 65-1-303, 65-1-305, 65-1-307, 65-1-345, 65-1-501, 65-1-503, 65-1-505, 65-1-507, 65-1-509, 65-1-513, 1-1-11, 7-5-13, 7-5-25, 7-5-59, 11-27-81, 11-27-91, 11-46-9, 23-15-193, 23-15-297, 23-15-881, 23-15-883, 23-15-887, 25-3-31, 25-58-21, 27-19-81, 27-19-89, 27-19-93, 27-19-138, 29-1-1, 29-1-77, 29-9-1, 31-5-33, 31-7-13.1, 31-7-13.2, 31-17-127, 37-101-292, 43-39-12, 45-3-21, 47-5-71, 47-5-133, 47-5-433, 49-1-33, 49-23-3, 49-23-7, 49-23-11, 49-23-13, 49-23-17, 49-23-19, 49-23-21, 49-23-25, 49-23-27, 49-25-5, 49-25-7, 49-25-9, 49-25-11, 49-25-13, 49-25-17, 49-25-21, 55-3-33, 55-5-7, 55-5-19, 55-5-23, 55-5-25, 55-5-27, 55-5-29, 55-5-31, 55-5-33, 55-5-61, 55-5-63, 55-13-1, 55-13-3, 55-13-9, 55-13-13, 55-13-15, 55-13-17, 55-13-19, 55-13-20, 55-13-21, 55-13-23, 55-13-27, 55-13-37, 55-15-81, 55-23-15, 55-25-6, 57-43-3, 57-43-11, 57-43-15, 57-75-22, 61-1-3, 61-1-33, 61-3-25, 61-5-15, 63-2-5, 63-3-303, 63-3-305, 63-3-307, 63-3-317, 63-3-501, 63-3-503, 63-3-511, 63-3-513, 63-3-611, 63-3-1001, 63-3-1003, 63-3-1009, 63-5-27, 63-5-31, 63-5-33, 63-5-34, 63-5-35, 63-5-51, 65-2-3, 65-2-5, 65-3-1, 65-3-3, 65-3-34, 65-3-39, 65-3-51, 65-3-71.10, 65-3-97, 65-3-99, 65-3-133, 65-3-135, 65-3-137, 65-3-139, 65-3-140, 65-3-140.1, 65-3-141, 65-3-143.1, 65-3-143.2, 65-3-143.3, 65-3-143.4, 65-3-143.5, 65-3-143.6, 65-3-143.7, 65-3-143.8, 65-3-143.9, 65-3-143.11, 65-3-143.12, 65-3-143.13, 65-3-143.14, 65-3-143.15, 65-3-143.16, 65-3-203, 65-3-205, 65-4-13, 65-4-19, 65-7-53, 65-7-55, 65-9-15, 65-9-17, 65-9-29, 65-9-33, 65-11-5, 65-11-7, 65-11-9, 65-11-11, 65-11-13, 65-11-15, 65-11-17, 65-11-19, 65-11-21, 65-11-23, 65-11-25, 65-11-27, 65-11-29, 65-11-31, 65-11-35, 65-11-37, 65-11-61, 65-17-203, 65-23-1, 65-23-11, 65-23-17, 65-23-201, 65-23-225, 65-23-227, 65-25-21, 65-25-23, 65-25-27, 65-25-31, 65-25-35, 65-25-129, 65-26-3, 65-26-5, 65-26-11, 65-26-15, 65-26-19, 65-26-25, 65-26-35, 65-26-37, 65-31-1, 65-31-3, 65-31-5, 65-31-11, 65-33-45, 65-33-53, 65-39-1, 65-39-3, 65-39-5, 65-39-17, 65-39-37, 65-41-5, 65-41-7, 65-43-1, 65-43-3, 65-43-4, 65-43-5, 65-43-9, 65-43-13, 65-43-25, 69-7-103, 69-13-205, 71-3-5, 71-3-38, 77-7-13, 77-7-16, 77-9-247, 77-9-257, 77-9-481, 77-9-485, 77-9-487, 77-9-493, 77-9-525, 77-9-527, 97-15-3, 97-15-5, 65-3-37, 65-3-37.1, 65-3-143.17 AND 65-3-143.18, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS BILL; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 65-1-1, Mississippi Code of 1972, is amended as follows:
65-1-1. When used in this chapter and for the purposes of Sections 65-1-1 through 65-1-21, the following words shall have the meanings ascribed herein unless the context otherwise requires:
(a) "Department" means the Mississippi Department of Transportation. Whenever the term "Mississippi State Highway Department," or the word "department" meaning the Mississippi State Highway Department, appears in the laws of the State of Mississippi, it shall mean the "Mississippi Department of Transportation."
(b) "Office" means an administrative subdivision of the department.
(c) "Bureau" means an administrative subdivision of an office.
(d)
"Commission" means the Mississippi Department of Transportation * * *. Whenever the term "Mississippi
Transportation Commission," "Mississippi State Highway
Commission," or the word "commission" meaning the Mississippi
Transportation Commission or Mississippi State Highway Commission, appears
in the laws of the State of Mississippi, it shall mean the Mississippi Department
of Transportation * * *.
(e) "Executive
director" means the * * * chief administrative officer of the departmentCommissioner
of Transportation, established under Section 65-1-3. Whenever the term "executive
director" or "director," meaning the Chief Administrative
Officer of the * * *
Mississippi Department of Transportation, appears in the laws of
the State of Mississippi, it shall mean the * * * Commissioner of Transportation.
(f) "Director" means the chief officer of an office.
(g) "Administrator" means the chief officer of a bureau.
(h) "Highway" or "road" includes rights-of-way, bridge and drainage structures, signs, guardrails and other structures made in connection with such highway or road.
(i) "Construction" includes reconstruction.
(j) "Maintenance" means the constant maintenance and repair to preserve a smooth surfaced highway.
(k) "Pave" means to construct with a surface of either high-type or intermediate-type pavement.
(l) "Commissioner" means the Commissioner of Transportation.
SECTION 2. Section 65-1-2, Mississippi Code of 1972, is amended as follows:
65-1-2. (1) There is
hereby created the Mississippi Department of Transportation * * *.
The department shall be the state highway commission under which the
Legislature has placed state highways for control and supervision of
construction and maintenance.
* * *
( * * *2) The department is designated as
the single state agency to receive and expend any funds made available by the
United States Department of Transportation or any agency of the federal
government for transportation purposes and to cooperate with federal, state,
interstate and local agencies, organizations and persons performing activities
relating to transportation. This subsection shall not apply to motor carrier
safety assistance program funds made available by the federal government to the
Public Service Commission.
( * * *3) The powers, duties and
responsibilities of the State Highway
Department with respect to the construction and maintenance of the state
highway system are transferred to the Mississippi Department of Transportation.
( * * *4) The powers, duties and
responsibilities of the * * *Department of Economic and Community Development Mississippi
Development Authority with respect to aeronautics are transferred to the
Mississippi Department of Transportation.
( * * *5) The powers, duties and
responsibilities of the * * * Department of Revenue
with respect to the weighing of motor vehicles along the highways of this state
at inspection stations and by means of portable scales are transferred to the
Mississippi Department of Transportation.
( * * *6) The powers, duties and
responsibilities of the * * *Department of Economic and Community Development Mississippi
Development Authority with respect to transportation matters, except with
respect to ports, are transferred to the Mississippi Department of Transportation.
( * * *7) The powers, duties and
responsibilities of the State Aid Engineer and the Office of State Aid Road
Construction are transferred to the Mississippi Department of Transportation.
( * * *8) All powers, duties and
responsibilities of the Public Service Commission with regard to railroads,
except rate-making authority, are transferred to the Mississippi Department of
Transportation. The Mississippi Department of Transportation * * *
may perform any act and
issue any rule, regulation or order which the * * * department is permitted to do
by the Federal Railroad Safety Act of 1970 (45 USCS et seq.). A copy of any
new rule, regulation or order passed by the Mississippi Department of
Transportation * * * shall be furnished to members of the Transportation Committees of
the Mississippi House of Representatives and the Mississippi Senate.
Individuals, corporations or companies affected by the order, rule or
regulation shall be notified in accordance with the Mississippi Administrative
Procedures Law.
( * * *9) All records, personnel, property
and unexpended balances of appropriations, allocation or other funds of all
those agencies, boards, commissions, departments, offices, bureaus and
divisions that are transferred by Chapter 496, Laws of 1992, shall be
transferred to the Mississippi Department of Transportation. The transfer of
segregated or special funds shall be made in such a manner that the relation
between program and revenue source as provided by law shall be retained.
* * *
SECTION 3. Section 65-1-3, Mississippi Code of 1972, is amended as follows:
65-1-3. * * *
(1) The administrator and head of the Mississippi Department of Transportation shall be the Commissioner of Transportation, who shall be a person qualified by training and experience to perform the duties of the commissioner's office.
(2) The commissioner shall be appointed by the Governor with the advice and consent of the Senate.
(3) The commissioner shall serve at the pleasure of the Governor and shall receive an annual salary fixed by the State Personnel Board.
(4) In the event of death, resignation, temporary incapacity or removal of the commissioner, and prior to the appointment of the commissioner's successor, the Governor may appoint a qualified employee of the Mississippi Department of Transportation to serve as acting commissioner. The commissioner may appoint, during the commissioner's absence from the state, a qualified employee of the department to serve as acting commissioner for the duration of the absence. In either case, the acting commissioner shall have all the duties, functions and powers of the commissioner during the commissioner's absence or incapacity, or until the commissioner's successor is duly qualified and appointed.
SECTION 4. Section 65-1-5, Mississippi Code of 1972, which provides for the organization and meetings of the Mississippi Transportation Commission, is repealed.
SECTION 5. Section 65-1-7, Mississippi Code of 1972, which regards compensation for the Mississippi Transportation Commission, is repealed.
SECTION 6. Section 65-1-8, Mississippi Code of 1972, is amended as follows:
65-1-8. (1) The * * * Commissioner of
Transportation * * * shall have the following general
powers * * *:
(a) To coordinate and develop a comprehensive, balanced transportation policy for the State of Mississippi;
(b) To promote the coordinated and efficient use of all available and future modes of transportation;
(c) To make recommendations to the Legislature regarding alterations or modifications in any existing transportation policies;
(d) To study means of encouraging travel and transportation of goods by the combination of motor vehicle and other modes of transportation;
(e) To take such actions as are necessary and proper to discharge its duties pursuant to the provisions of Chapter 496, Laws of 1992, and any other provision of law;
(f) To receive and
provide for the expenditure of any funds made available to it by the
Legislature, the federal government or any other source * * *;
(g) To retain, employ and contract for the services of private and public consultants, research and technical personnel and procure by contract, consulting, research, technical and other services and facilities, whenever considered by the commissioner necessary or desirable in the performance of the functions of the department and whenever funds shall be available for those purposes;
(h) To establish and promulgate such rules and regulations governing the administration and operation of the department as may be deemed necessary by the commissioner and that are not inconsistent with the laws of this state;
(i) To maintain such facilities throughout the state as may be required for the effective and efficient operation of the department;
(j) To apply for and accept on behalf of the state any grant from the federal government to be used for any of the purposes of the department, and to comply with any conditions and limitations annexed;
(k) To supervise, direct and account for the administration and operation of the department and its employees;¶ (l) To organize the department into such units as the commissioner deems necessary to carry out the duties and functions imposed on the commissioner and the department;
(m) To appoint such personnel as may be necessary for the administration and operation of the department, within reasonable budgetary limitations;
(n) To delegate any of the commissioner's powers, duties or functions to a departmental employee of the commissioner's choosing, except the commissioner's power to remove employees of the department or to fix their compensation;
(o) To undertake programs of transportation related to investigation, research and operation of safe, adequate and efficient transportation modes, including, but not limited to, aeronautics, waterways, rails, highways and mass transit;
(p) To provide technical assistance and financial assistance, as it may become available, to other public agencies;¶ (q) To develop and implement a continuing, comprehensive, and multimodal statewide transportation planning process that is consistent with the transportation planning requirements of the United States Department of Transportation and includes the development and periodic updating of a long-range statewide transportation plan, including: consideration and provision, as applicable, of elements and connections of and between highway, rail, mass transit, waterway, aviation, pedestrian and bicycle facilities; consideration of operations and maintenance of those facilities; and a review of projected costs and anticipated revenues;
(r) To plan, propose and coordinate transportation related policies, activities and programs among state departments and agencies and within the state;
(s) To prepare and report annually to the Legislature an updated multimodal transportation improvement program for the state, which shall be based on the long-range statewide transportation plan and shall provide the basis for annual funding recommendations by the commissioner and for annual expenditures by the department;
(t) To administer a statewide rideshare/car pooling program, including the establishment of appropriate rideshare parking locations on the perimeter of major urban areas or other areas needing such facilities, as determined by the commissioner;
(u) To document and evaluate the cost-effectiveness of contracting maintenance work with private vendors;
(v) To develop a plan to establish and maintain long-term, cost-effective highway condition ratings;
(w) To develop, document and demonstrate to the Legislature a system of accountability over transportation field units;
(x) To exercise all duties, responsibilities and powers granted the department in Title 65, Chapters 3, 11, and 12, and establish and promulgate rules and regulations necessary for the administration and enforcement of Title 65, Chapters 3, 11, and 12; and
(y) To solely at the commissioner's discretion, upon awarding federal transportation enhancement grant funds to be used for the acquisition, preservation or protection of civil war battlefield sites or related properties or easements, contract directly with any established and nationally recognized nonprofit organization dedicated to the preservation of civil war battlefields; provided that the commissioner finds that the organization complies with federal eligibility requirements for grantees of such enhancement grant funds.
(2) In addition to the
general powers * * * listed in subsection (1) of this
section, the * * *
Commissioner of Transportation * * * shall have the following specific
powers:
(a) To make rules and
regulations whereby the Mississippi Department of Transportation * * *
shall change or
relocate any and all highways herein or hereafter fixed as constituting a part
of the state highway system, as may be deemed necessary or economical in the
construction or maintenance thereof; to acquire by gift, purchase, condemnation
or otherwise, land or other property whatsoever that may be necessary for a
state highway system as herein provided, with full consideration to be given to
the stimulation of local public and private investment when acquiring such
property in the vicinity of Mississippi towns, cities and population centers;
(b) To enforce by
mandamus, or other proper legal remedies, all legal rights or rights of action
of the Mississippi Department of Transportation * * * with other public bodies,
corporations or persons;
(c) To make and
publish rules, regulations and ordinances for the control of and the policing
of the traffic on the state highways, and to prevent their abuse by any or all
persons, natural or artificial, by trucks, tractors, trailers or any other heavy
or destructive vehicles or machines, or by any other means whatsoever, by
establishing weights of loads or of vehicles, types of tires, width of tire
surfaces, length and width of vehicles, with reasonable variations to meet
approximate weather conditions, and all other proper police and protective
regulations, and to provide ample means for the enforcement of same. The
violation of any of the rules, regulations or ordinances so prescribed by the * * * commissioner
shall constitute a misdemeanor. No rule, regulation or ordinance shall be made
that conflicts with any statute now in force or which may hereafter be enacted,
or with any ordinance of municipalities. A monthly publication giving general
information to the boards of supervisors, employees and the public may be
issued under such rules and regulations as the * * * commissioner may determine;
(d) To give suitable
numbers to highways and to change the number of any highway that shall become a
part of the state highway system. However, nothing herein shall authorize the
number of any highway to be changed so as to conflict with any designation
thereof as a U.S. numbered highway. Where, by a specific act of the
Legislature, the * * *
commissioner has been directed to give a certain number to a highway,
the * * *
commissioner shall not have the authority to change such number;
(e) (i) To make
proper and reasonable rules, regulations, and ordinances for the placing,
erection, removal or relocation of telephone, telegraph or other poles,
signboards, fences, gas, water, sewerage, oil or other pipelines, and other
obstructions that may, in the opinion of the * * * commissioner, contribute to
the hazards upon any of the state highways, or in any way interfere with the
ordinary travel upon such highways, or the construction, reconstruction or
maintenance thereof, and to make reasonable rules and regulations for the
proper control thereof. Any violation of such rules or regulations or
noncompliance with such ordinances shall constitute a misdemeanor;
(ii) Except as
otherwise provided for in this paragraph, whenever the order of the * * * commissioner shall require
the removal of, or other changes in the location of telephone, telegraph or
other poles, signboards, gas, water, sewerage, oil or other pipelines; or other
similar obstructions on the right-of-way or such other places where removal is
required by law, the owners thereof shall at their own expense move or change
the same to conform to the order of the * * * commissioner. Any violation
of such rules or regulations or noncompliance with such orders shall constitute
a misdemeanor;
(iii) Rural water districts, rural water systems, nonprofit water associations and municipal public water systems in municipalities with a population of ten thousand (10,000) or less, according to the latest federal decennial census, shall not be required to bear the cost and expense of removal and relocation of water and sewer lines and facilities constructed or in place in the rights-of-way of state highways. The cost and expense of such removal and relocation, including any unpaid prior to July 1, 2002, shall be paid by the Mississippi Department of Transportation;
(iv) Municipal public sewer systems and municipal gas systems owned by municipalities with a population of ten thousand (10,000) or less, according to the latest federal decennial census, shall not be required to bear the cost and expense of removal and relocation of lines and facilities constructed or in place in the rights-of-way of state highways. The cost and expense of such removal and relocation, including any unpaid prior to July 1, 2003, shall be paid by the Mississippi Department of Transportation;
(f) To regulate and
abandon grade crossings on any road fixed as a part of the state highway
system, and whenever the * * *commission commissioner, in order to avoid a grade
crossing with the railroad, locates or constructs said road on one side of the
railroad, the * * *
commissioner shall have the power to abandon and close such grade
crossing, and whenever an underpass or overhead bridge is substituted for a
grade crossing, the * * *
commissioner shall have power to abandon such grade crossing and any
other crossing adjacent thereto. Included in the powers herein granted shall
be the power to require the railroad at grade crossings, where any road of the
state highway system crosses the same, to place signal posts with lights or other
warning devices at such crossings at the expense of the railroad, and to
regulate and abandon underpass or overhead bridges and, where abandoned because
of the construction of a new underpass or overhead bridge, to close such old
underpass or overhead bridge, or, in its discretion, to return the same to the
jurisdiction of the county board of supervisors;
(g) To make proper and reasonable rules and regulations to control the cutting or opening of the road surfaces for subsurface installations;
(h) To make proper and reasonable rules and regulations for the removal from the public rights-of-way of any form of obstruction, to cooperate in improving their appearance, and to prescribe minimum clearance heights for seed conveyors, pipes, passageways or other structure of private or other ownership above the highways;
(i) To establish, and
have the Mississippi Department of Transportation * * * maintain and operate, and to
cooperate with the state educational institutions in establishing, enlarging,
maintaining and operating a laboratory or laboratories for testing materials
and for other proper highway purposes;
(j) To provide, under the direction and with the approval of the Department of Finance and Administration, suitable offices, shops and barns in the City of Jackson;
(k) To establish and have enforced set-back regulations;
(l) To cooperate with proper state authorities in producing limerock for highway purposes and to purchase same at cost;
(m) To provide for the
purchase of necessary equipment and vehicles and to provide for the repair and
housing of same, to acquire by gift, purchase, condemnation or otherwise, land
or lands and buildings in fee simple, and to authorize the Mississippi
Department of Transportation * * * to construct, lease or otherwise
provide necessary and proper permanent district offices for the construction
and maintenance divisions of the department, and for the repair and housing of
the equipment and vehicles of the department; however, in each Supreme Court
district only two (2) permanent district offices shall be set up, but a
permanent status shall not be given to any such offices until so provided by
act of the Legislature and in the meantime, all shops of the department shall
be retained at their present location. As many local or subdistrict offices,
shops or barns may be provided as is essential and proper to economical
maintenance of the state highway system;
(n) To cooperate with the Department of Archives and History in having placed and maintained suitable historical markers, including those which have been approved and purchased by the State Historical Commission, along state highways, and to have constructed and maintained roadside driveways for convenience and safety in viewing them when necessary;
(o) To cooperate, in * * * his discretion, with the Mississippi
Department of Wildlife, Fisheries and Parks in planning and constructing
roadside parks upon the right-of-way of state highways, whether constructed,
under construction, or planned; said parks to utilize where practical barrow
pits used in construction of state highways for use as fishing ponds. Said
parks shall be named for abundant flora and fauna existing in the area or for
the first flora or fauna found on the site;
(p) Unless otherwise prohibited by law, to make such contracts and execute such instruments containing such reasonable and necessary appropriate terms, provisions and conditions as in its absolute discretion it may deem necessary, proper or advisable, for the purpose of obtaining or securing financial assistance, grants or loans from the United States of America or any department or agency thereof, including contracts with several counties of the state pertaining to the expenditure of such funds;
(q) To cooperate with
the Federal Highway Administration in the matter of location, construction and
maintenance of the Great River Road, to expend such funds paid to the * * * department by the Federal
Highway Administration or other federal agency, and to authorize the Mississippi
Department of Transportation * * * to erect suitable signs marking this
highway, the cost of such signs to be paid from state highway funds other than
earmarked construction funds;
(r) To cooperate, in * * * his discretion, with the Mississippi
Forestry Commission and the School of Forestry, Mississippi State University,
in a forestry management program, including planting, thinning, cutting and
selling, upon the right-of-way of any highway, constructed, acquired or
maintained by the Mississippi Department of Transportation * * *, and to sell and dispose of any and
all growing timber standing, lying or being on any right-of-way acquired by the * * *
department for
highway purposes in the future; such sale or sales to be made in accordance
with the sale of personal property which has become unnecessary for public use
as provided for in Section 65-1-123, Mississippi Code of 1972;
(s) To expend funds in cooperation with the Division of Plant Industry, Mississippi Department of Agriculture and Commerce, the United States government or any department or agency thereof, or with any department or agency of this state, to control, suppress or eradicate serious insect pests, rodents, plant parasites and plant diseases on the state highway rights-of-way;
(t) To provide for the placement, erection and maintenance of motorist services business signs and supports within state highway rights-of-way in accordance with current state and federal laws and regulations governing the placement of traffic control devices on state highways, and to establish and collect reasonable fees from the businesses having information on such signs;
(u) To request and to
accept the use of persons convicted of an offense, whether a felony or a
misdemeanor, for work on any road construction, repair or other project of the Mississippi
Department of Transportation * * *. The * * * commissioner is also
authorized to request and to accept the use of persons who have not been
convicted of an offense but who are required to fulfill certain court-imposed
conditions pursuant to Section 41-29-150(d)(1) or 99-15-26, Mississippi Code of
1972, or the Pretrial Intervention Act, being Sections 99-15-101 through 99-15-127,
Mississippi Code of 1972. The * * * commissioner is authorized to
enter into any agreements with the Department of Corrections, the State Parole
Board, any criminal court of this state, and any other proper official
regarding the working, guarding, safekeeping, clothing and subsistence of such
persons performing work for the Mississippi Department of Transportation * * *. Such persons shall not be deemed
agents, employees or involuntary servants of the Mississippi Department of
Transportation * * * while performing such work or while going to and from work or other
specified areas;
(v) To provide for the administration of the railroad revitalization program pursuant to Section 57-43-1 et seq.;
(w) The * * * Commissioner of
Transportation * * * is further authorized, in * * * his discretion, to expend funds for
the purchase of service pins for employees of the Mississippi Department of
Transportation * * *;
(x) To cooperate with
the * * * Department of Revenue by providing for weight
enforcement field personnel to collect and assess taxes, fees and penalties and
to perform all duties as required pursuant to Sections 27-55-501 et
seq., * * *
27-19-1 et seq., 27-55-1 et seq., 27-59-1 et seq. and 27-61-1 et seq.,
Mississippi Code of 1972, with regard to vehicles subject to the jurisdiction
of the Office of Weight Enforcement. All collections and assessments shall be
transferred daily to the * * *State Tax Commission Department of Revenue;
(y) The * * * Commissioner of
Transportation * * * may delegate the authority to enter into a supplemental agreement to
a contract previously approved by the * * * commissioner if the
supplemental agreement involves an additional expenditure not to exceed One
Hundred Thousand Dollars ($100,000.00);
(z) (i) The * * *
Commissioner of
Transportation * * *,
in * * * his
discretion, may enter into agreements with any county, municipality, county
transportation commission, business, corporation, partnership, association,
individual or other legal entity, for the purpose of accelerating the
completion date of scheduled highway construction projects.
(ii) Such an
agreement may permit the cost of a highway construction project to be advanced
to the * * * Mississippi
Department of Transportation by a county, municipality, county
transportation commission, business, corporation, partnership, association,
individual or other legal entity, and repaid to such entity by the * * *
Mississippi
Department of Transportation when highway construction funds become
available; provided, however, that repayment of funds advanced to the
Mississippi Department of Transportation * * * shall be made no sooner than the * * *
department's
identified projected revenue schedule for funding of that particular
construction project, and no other scheduled highway construction project established
by statute or by the * * * department may be delayed by an advanced funding project
authorized under this paragraph (z). Repayments to a private entity that
advances funds to the Mississippi Department of Transportation * * *
under this paragraph
(z) may not include interest or other fees or charges, and the total amount
repaid shall not exceed the total amount of funds advanced to the * * *
department by
the entity.
(iii) In
considering whether to enter into such an agreement, the * * * commissioner shall consider
the availability of financial resources, the effect of such agreement on other
ongoing highway construction, the urgency of the public's need for swift
completion of the project and any other relevant factors.
(iv) Such an
agreement shall be executed only upon a finding by the * * * commissioner * * * that the
acceleration of the scheduled project is both feasible and beneficial. * * *
(aa) The * * * Commissioner of
Transportation * * * may purchase employment practices liability
insurance for the department, and may purchase an excess policy to cover
catastrophic losses incurred under the * * * department's self-insured
workers' compensation program authorized under Section 71-3-5. Such policies
shall be written by the agent or agents of a company or companies authorized to
do business in the State of Mississippi. The deductibles shall be in an amount
deemed reasonable and prudent by the * * * department, and the premiums
thereon shall be paid from the State Highway Fund. Purchase of insurance under
this paragraph shall not serve as an actual or implied waiver of sovereign
immunity or of any protection afforded the * * * commissioner and/or department
under the Mississippi Tort Claims Act;
(bb) The * * * Commissioner of
Transportation * * * is further authorized, in * * * his discretion, to expend funds for
the purchase of promotional materials for safety purposes, highway
beautification purposes and recruitment purposes;
(cc) To lease antenna space on communication towers which it owns;
(dd) To receive funds
from the Southeastern Association of Transportation Officials and from other
nonstate sources and expend those funds for educational scholarships in
transportation related fields of study. The * * * commissioner may adopt rules
or regulations as necessary for the implementation of the program. A strict
accounting shall be made of all funds deposited with the * * *
commissioner and
all funds dispersed.
SECTION 7. Section 65-1-9, Mississippi Code of 1972, which requires the Mississippi Transportation Commission to appoint an Executive Director of the Mississippi Department of Transportation, is repealed.
SECTION 8. Section 65-1-10, Mississippi Code of 1972, is amended as follows:
65-1-10. * * * The Commissioner of Transportation shall:
(a) Unless otherwise
provided by law, appoint a director in charge of each operating office of the
department who shall be responsible to the * * * commissioner for the
operation of such office. Each such director shall be qualified and
experienced in the functions performed by the office under his charge;
(b) Administer the
policies promulgated by the * * * department;
(c) Supervise and direct all administrative and technical activities of the department;
(d) Organize the offices and bureaus of the department;
(e) Coordinate the activities of the various offices of the department;
(f) Fix the
compensation of employees of the department and require any employee to give
bond to the State of Mississippi for the faithful performance of his duties in
an amount the * * * commissioner deems appropriate. Premiums on all
bonds so required shall be paid out of any funds available to the department;
(g) Recommend such studies and investigations as he may deem appropriate and carry out the approved recommendations in conjunction with the various offices;
(h) Prepare and
deliver to the Legislature and the Governor on or before January 1 of each
year, and at such other times as may be required by the Legislature or
Governor, a full report of the work of the department and the offices thereof,
including a detailed statement of expenditures of the department and any
recommendations the department may have * * *;
(i) Have full and
general supervision over all matters relating to the construction or
maintenance of the state highways, letting of contracts therefor, and the
selection of materials to be used in the construction of state highways under
the authority conferred by this chapter as herein set forth and the employment,
promotion, demotion, reprimand, suspension, termination, reassignment,
transfer, moving or relocation of all personnel not specifically authorized by
statute to be employed by the * * * department. The * * *
commissioner
may authorize the payment of expenses of any personnel reassigned, transferred,
moved or relocated in accordance with such rules and regulations as are
promulgated by the * * * department;
(j) Approve all bids, sign all vouchers and requisitions, issue all orders for supplies and materials, sign all contracts and agreements in the name of the State of Mississippi, and subscribe to all other matters which may arise in the carrying out of the intent and purpose of this chapter;
(k) Receive and assume control, for the benefit of the state, of any and all highways herein or hereafter fixed as roads constituting a part of the state highway system;
(l) Provide for
boulevard stops, restricted entrances to main highways and access driveways,
neutral grounds, and roadside parks, erect all suitable direction and warning
signs, and provide access roads in or to municipalities where necessary;
provide limited access facilities when and where deemed necessary, such a
facility being defined as a highway or street especially designed or designated
for through traffic and over, from or to which owners or occupants of abutting
land or other persons have only such limited right or easement of access as may
be prescribed by the * * * department,
and provide that certain highways or streets may be parkways from which trucks,
buses and other commercial vehicles shall be excluded or may be freeways open
to customary forms of highway and street traffic and use, and such limited
access facilities or parkways may be planned, designated, established,
regulated, vacated, altered, improved, constructed and maintained and rights-of-way
therefor specifically obtained, either by purchase, gift, condemnation or other
form of acquisition;
(m) Construct bridges with or without footways, and sidewalks where deemed essential to decrease hazards;
(n) Perform services
for the Department of Finance and Administration on state property, including,
but not limited to, engineering services, and to advance such funds to defray
the cost of the expenses incurred in performing such services from out of * * *
Mississippi Department
of Transportation funds until such department is reimbursed by the
Department of Finance and Administration;
(o) Perform all duties authorized by Section 27-19-136, Mississippi Code of 1972, concerning the assessment and collection of permit fees, fines and penalties.
SECTION 9. Section 65-1-11, Mississippi Code of 1972, is amended as follows:
65-1-11. The * * *
Mississippi Department of Transportation
shall employ a chief engineer who shall be a registered civil engineer, a
graduate of a recognized school of engineering, and who shall have had not less
than five (5) years' actual professional experience in highway construction.
The chief engineer shall also be a deputy * * * commissioner of the
department with such powers and duties as may be prescribed by the * * *
Commissioner of
Transportation. The chief engineer shall give bond in the sum of Fifty
Thousand Dollars ($50,000.00) in some surety company authorized to do business
in this state, which bond shall be conditioned upon the faithful performance
and discharge of his duties. The principal and surety on such bond shall be
liable thereunder to the State of Mississippi for double the amount of the
value of any money or property which the state may lose, if any, by reason of
any wrongful or criminal act of such engineer. The term of office of the chief
engineer shall be for a period of four (4) years, unless sooner removed as
hereinafter provided, and he shall be eligible for reappointment. * * *
SECTION 10. Section 65-1-13, Mississippi Code of 1972, is amended as follows:
65-1-13. (1) The * * *
Commissioner of Transportation may appoint
one (1) deputy * * * commissioner for administration in addition to the
deputy * * * commissioner provided for in Section 65-1-11. The
powers and duties of the deputy * * * commissioner for
administration appointed pursuant to this subsection shall be specified by the * * *
Commissioner of
Transportation and shall include, but not be limited to, the execution on
behalf of the * * * commissioner of contracts approved by the * * *
commissioner and
other documents. The appointment of such deputy * * * commissioner for
administration and the powers specified by the * * * commissioner must be spread
upon the minutes of the * * * commission department to become effective.
(2) The * * *
Commissioner of
Transportation may issue powers of attorney to individuals * * *
to execute any documents on behalf of the * * *
department and
the * * * commissioner as the * * * commissioner considers
appropriate to facilitate the efficient implementation of its duties and
responsibilities; however, a power of attorney issued under this subsection
shall not authorize the execution of contracts approved by the * * *
department and
commissioner. Powers of attorney issued under this subsection shall
specify the limits of the authority to execute documents granted by them. The
duration of such powers of attorney shall be for the term of office of the * * *
commissioner
that issued them. Such powers of attorney may be revoked by the * * *
commissioner at
any time.
SECTION 11. Section 65-1-15, Mississippi Code of 1972, which requires the Mississippi Transportation Commission to employ a secretary, is repealed.
SECTION 12. Section 65-1-17, Mississippi Code of 1972, is amended as follows:
65-1-17. In the event the
department needs additional office space which cannot be provided either in
state office buildings, or other state-owned buildings, the * * * department is hereby
authorized to rent, on an annual or month-to-month basis on such terms as it
may determine to be proper, such office space as may be necessary.
SECTION 13. Section 65-1-20, Mississippi Code of 1972, is amended as follows:
65-1-20. The Office of Intermodal Planning in the Mississippi Department of Transportation shall have the following responsibilities with respect to all ports in this state that are not state ports:
(a) Study and coordinate efforts designed to promote the development of the navigable waters in the State of Mississippi for water transportation.
(b) Encourage and coordinate the development of river and deep-sea ports and harbor facilities, both new and existing.
(c) Recommend to the proper officials recreational restrictions in critical commercial navigation areas in order to promote public safety and expedite water transportation.
(d) Intercede on behalf of and represent the State of Mississippi in matters pertaining to the application of fees, tolls or user charges levied or contemplated to be levied against the water transportation industry engaged in either intrastate or interstate water commerce.
(e) Receive and use any federal, state or private funds, donations and grants made available for the development, use and expansion of water transportation resources of this state; provided that nothing herein shall be deemed to deny or prohibit any municipal, county, port authority or commission or other governmental or private agency or authority from accepting such donations and grants they are now authorized by law to receive.
(f) Assist all state
agencies such as the * * * Mississippi Development
Authority, the Department of Environmental Quality, and others on any
matters pertaining to and concerning the water transportation industry.
(g) Compile and provide, where necessary, the capabilities of the Mississippi ports and harbor facilities with respect to equipment, systems or types of products handled, economic benefits, job creation, capital investments, and other pertinent data, including studies and planning for the expansion to further the development of the facilities and the water transportation industry in general.
(h) Provide, where
necessary, any and all information and data, both individually and/or
collectively, to the Legislature, through the * * * Commissioner
of Transportation, for the ports and waterways industry within the state.
(i) Assist in the formation and presentation of any legislation to promote the development and growth of the waterway industry in the State of Mississippi.
No provision of this section shall be construed to give any state agency control over local port commissions or authorities or change any existing laws that such port commissions or authorities presently enjoy to conduct and develop the water transportation industry, and such existing laws shall not be preempted by this section. No provision of this section shall be construed to authorize any diversion from local port commissions or authorities of fees, funds, donations, grants or monies to which such commissions or authorities are otherwise entitled.
SECTION 14. Section 65-1-23, Mississippi Code of 1972, is amended as follows:
65-1-23. The * * * Mississippi Department of Transportation is hereby authorized and empowered, in its discretion, to erect and construct upon the land hereinafter described a testing laboratory, machine shops, and other necessary buildings, and to expend for such purpose an amount not to exceed Three Hundred Thousand Dollars ($300,000.00) out of any funds which may be available for such purpose in the State Highway Fund.
The State Building Commission is hereby authorized, empowered, and directed to select a suitable tract of land, ten acres in area, from any state-owned lands located in or near the City of Jackson, Mississippi, and not now being used for public purposes. The laboratory shops and other buildings specified in this section shall be erected on the land so selected, which said land is hereby set aside and allocated to the * * * Mississippi Department of Transportation for the purposes herein specified.
SECTION 15. Section 65-1-25, Mississippi Code of 1972, is amended as follows:
65-1-25. The Mississippi Department
of Transportation * * * is hereby authorized and empowered to enter into or ratify
agreements with the transportation departments of the adjoining states for the
construction or maintenance, or both, of connections on any part of the
interstate highway system, state designated highway system or state aid road
system at or near the boundaries of the State of Mississippi, the cost of such
construction and maintenance to be apportioned between the states according to
the benefits to be derived by each of the states as determined by such
agreements.
The powers conferred by this
section are supplemental to the powers of the * * * department
now provided by law.
SECTION 16. Section 65-1-27, Mississippi Code of 1972, is amended as follows:
65-1-27. The Mississippi Department
of Transportation * * * is hereby authorized and empowered to enter into or ratify cooperative
agreements with the various counties and municipalities in any county through
which any of the highways on the interstate highway system, the state
designated highway system or the state aid road system may traverse for the
construction or maintenance, or both, of connections between such systems and
county roads or streets of the municipalities, or interconnections between such
systems, the cost of the construction and maintenance of such connections to be
apportioned between the Mississippi Department of Transportation * * *
and the county or
municipality according to the benefits to be derived by each as determined by
such agreement or agreements.
The powers conferred by this
section are supplemental to the powers of the * * * department now provided by
law.
SECTION 17. Section 65-1-29, Mississippi Code of 1972, is amended as follows:
65-1-29. The authority granted the * * * Mississippi Department of Transportation under provisions of this chapter, shall include the right to enter into agreements with the United States government, or any agency thereof, for the alteration, relocation, reconstruction, or abandonment of state highways or any portion thereof, and conveyance of whatever rights and interests the state owns in property acquired for the purposes of said statutes, or any portion or interest thereof, where the same are necessary for the construction of flood control, navigation, drainage, or National Aeronautics and Space Agency projects approved and adopted by the United States government or any agency thereof.
* * * The Mississippi
Department of Transportation is hereby empowered to execute a quitclaim
deed selling and conveying the above rights and interests. Said deed shall be
delivered to the purchaser upon the payment of the consideration agreed upon,
and such consideration shall be deposited in the State Treasury to the credit
of the State Highway Fund.
Such agreements and conveyances shall be upon a consideration deemed reasonable by the * * * Mississippi Department of Transportation and the agency of the United States government affected, provided that no part of this section is intended to alter or change in any way the existing immunity from certain actions of the state or the United States.
The consideration above shall include the expense of creating and maintaining any necessary detours, and the same shall be created and maintained as provided in the above mentioned agreement.
SECTION 18. Section 65-1-31, Mississippi Code of 1972, is amended as follows:
65-1-31. Whereas, the public convenience requires that certain roads located on levees or within the boundaries of flood control districts created and presently maintained by the federal government, or other governmental authorities, be taken over temporarily by the * * * Mississippi Department of Transportation, and whereas, the public purpose for which said flood control districts were established requires that such roads be limited to certain widths and restrictions in the public interest, it is the sense of the Legislature that the * * * Mississippi Department of Transportation should be authorized to take over and maintain such roads as temporary state highways, subject to the restrictions imposed by the governmental authorities establishing such flood control districts.
The * * * Mississippi Department of Transportation, therefore, is hereby authorized to take over and maintain as temporary state highways, for such period and under such terms and conditions as said * * * department may in its discretion prescribe, any road designated by the Legislature as a state highway and located on the levee of a flood control district, and in so doing shall not be required to obtain a right of way of more than thirty feet on such type of road, may permit the use of cattle gaps and fencing thereon, and may accept from the federal authorities or other governmental unit having jurisdiction over such flood control district an easement for said road.
The purpose of this section is to enable the state to take over temporarily for maintenance roads designated as state highways located on levees and with less than sixty-feet right of way.
SECTION 19. Section 65-1-33, Mississippi Code of 1972, is amended as follows:
65-1-33. The * * * Mississippi Department of Transportation is hereby authorized to take over, maintain, and operate, as a part of the state highway system under its jurisdiction, any ferry now owned by and operated by, for, or under the authority of any county, county district, or municipality in this state where such ferry is located upon, or is a necessary link of, any designated state highway being maintained by the * * * department, if such county, county district, or municipality will transfer to said * * * department all property, real and personal, used by it in the operation of such ferry. In event any such ferries be so taken over by the * * * department, no toll or fee shall be charged for the use thereof by the public, and all costs of operation and maintenance shall be paid out of the State Highway Maintenance Fund.
Any county, county district, or municipality in this state now owning a ferry which the * * * Mississippi Department of Transportation may desire to take over under the provisions of this section is hereby authorized to transfer to the * * * department any and all property, real and personal, used by it in the operation of such ferry, without further consideration than the acceptance of the same for public use, pursuant to an order of its governing authority. Any such property so taken over by the * * * department which may thereafter become unnecessary to the maintenance of traffic over the highway may be disposed of by the * * * department, in its discretion, and the proceeds paid into the State Highway Maintenance Fund.
SECTION 20. Section 65-1-35, Mississippi Code of 1972, is amended as follows:
65-1-35. The * * * Mississippi Department of Transportation is hereby authorized and directed to take over for maintenance and construction, with its own funds, any road formerly maintained as a part of the state highway system leading to an air base, which air base is to be reactivated.
SECTION 21. Section 65-1-37, Mississippi Code of 1972, is amended as follows:
65-1-37. The Mississippi Department
of Transportation * * * is hereby authorized and empowered to * * * construct,
repair and maintain the driveways and streets on the grounds of the
universities and colleges under the jurisdiction of the Board of Trustees of
the State Institutions of Higher Learning, state, and/or county supported
junior colleges, the state hospitals, and institutions under the jurisdiction
of the Board of Trustees of Mental Institutions, the Board of Trustees of the
Columbia Training School and the Oakley Youth Development Center, the
Mississippi Schools for the Deaf and Blind, and the Mississippi Department of
Wildlife, Fisheries and Parks in the manner provided herein, including bypasses
to connect said driveways and streets with roads on the state highway system,
and the main thoroughfare running east and west through the grounds of the
Mississippi Penitentiary, provided said institutions obtain the necessary
rights-of-way, said institutions being hereby authorized so to do.
The Mississippi
Department of Transportation * * * and the governing boards of said
institutions shall enter into an agreement prior to undertaking any of the work
mentioned in the first paragraph of this section, and said agreement shall be
based on the Mississippi Department of Transportation's * * *
furnishing equipment,
equipment operators, skilled labor, supervision, and engineering services, and
the governing bodies of the aforementioned institutions shall furnish material,
supplies and common labor. This agreement shall further provide for
reimbursement of the Mississippi Department of Transportation, in full, for the
expenditures incurred in the construction, repair and maintenance of driveways
and streets at the institutions hereinabove mentioned, such reimbursement to be
made directly to the Mississippi Department of Transportation * * *
from the institutions.
Upon the execution of an agreement as set out herein, the Mississippi
Department of Transportation may provide all the necessary engineering,
supervision, skilled labor, equipment, and equipment operators to perform such
work.
SECTION 22. Section 65-1-39, Mississippi Code of 1972, is amended as follows:
65-1-39. The * * * Mississippi Department of Transportation is hereby authorized and empowered to take over, assume jurisdiction of, maintain, repair, and improve the public highways under the jurisdiction of the department of highways of the State of Louisiana on Australia Island, and to enter into such agreements with the department of highways of the State of Louisiana as the * * * department shall deem necessary, proper, and advisable, provided that the * * * department is reimbursed for the expenditures incurred in the maintenance, repair, and improvement of said roads.
The powers conferred by this section are supplementary to the powers of * * * the department now provided by law and are not intended in any wise to conflict with the same.
SECTION 23. Section 65-1-41, Mississippi Code of 1972, is amended as follows:
65-1-41. The Mississippi * * * Development Authority
is hereby authorized and directed to select and designate certain links of
roads or highways to connect any and all approved, acceptable and selected
industrial sites that may be located at any point not now accessible to
adequate highways and road facilities, and shall issue a certificate of public
convenience and necessity to the effect that such designated and selected link
of highway or road should be constructed in order to encourage and promote the
industrial development of any port or harbor area or other industrial site, and
shall immediately file such certificate of public convenience and necessity
with the * * * Mississippi * * * Department of
Transportation * * *. However, the Mississippi * * * Development Authority
shall not select and designate any such link of road or highway until such time
as the department shall have satisfactory evidence that an industry desires and
intends to locate on such site, and that the location of such industry and the
construction of such road or highway is economically feasible. Construction of
any such road shall not begin until the location and construction of such
industry is assured and contracts made between the industry and the local
authority.
When a certificate of public
convenience and necessity has been filed with the * * * Mississippi * * * Department of
Transportation as herein required, the * * * department shall proceed
to locate, survey and have constructed such link or highway or public road in
such quality and standards as may be found to adequately serve such proposed
industry.
The Mississippi * * * Development Authority
shall not select or designate any link of public road or highway more than ten
(10) miles long to connect any industrial site, harbor or port facility with any
existing public road or highway, nor shall such board designate or select any
link or links of road in an excess of a total of two hundred (200) miles of
highways or public roads.
* * *
The provisions of this section shall not be construed to alter, change or amend any other statutes of the State of Mississippi designating highways, state-aid roads or other public roads, and any limitations placed upon the total miles of such highways, state-aid roads, or public roads shall not be affected by the provisions of this section.
SECTION 24. Section 65-1-43, Mississippi Code of 1972, is amended as follows:
65-1-43. When it is deemed feasible and advisable to promote the * * * tourism industry of the State of Mississippi by providing more attractions as would be available in development of offshore islands, the Mississippi * * * Department of Transportation is authorized to make costs and feasibility surveys for toll highways and bridges to offshore islands.
The * * * department is authorized to employ expert engineering and economic assistance for such surveys when it is deemed advisable by the * * * department. The * * * department is limited to a maximum amount of Fifty Thousand Dollars ($50,000.00) for the purpose of carrying out the provisions of this section.
In the event that any bonds are issued as a result of the feasibility surveys authorized under the provisions of this section, the * * * department shall be reimbursed for all of the expenditures authorized herein, and said expenditures shall be paid from the first proceeds of any bond issue herein.
SECTION 25. Section 65-1-45, Mississippi Code of 1972, is amended as follows:
65-1-45. The * * *
Mississippi Department of Transportation is hereby authorized and
empowered to restrict or prohibit the use of any state highway or bridge or to
reduce the allowable weight permitted on any state highway or bridge when, due
to any special weather or other hazard, such highways or bridges have been
weakened or when such highways have substandard surfacing or weak bridges due
to any cause. Likewise, the board of supervisors of any county shall have the
same regulatory powers as granted the * * * department in this section. It
shall be the duty of the * * * department and the
boards of supervisors of the counties to post sufficient warning on any highway
or bridge restricted in any manner, so that such restriction may be understood
by the operator of any vehicle. Any person who shall operate a vehicle on any
highway, road, or bridge when such highway, road, or bridge is under
restriction, in violation of such restriction, shall be guilty of a misdemeanor
and shall be punished in accordance with the provisions of Section 63-9-11,
Mississippi Code of 1972, providing for the punishment of misdemeanors.
SECTION 26. Section 65-1-46, Mississippi Code of 1972, is amended as follows:
65-1-46. (1) There is
created an Appeals Board of the Mississippi Department of Transportation * * *. If any person feels aggrieved by
a penalty for excess weight assessed against him by an agent or employee of the
Mississippi Department of Transportation pursuant to Section 27-19-89, he may
apply to the appeals board.
(2) The members serving on
the appeals board on April 7, 1995, shall continue to serve until July 1, 1995.
On July 1, 1995, the appeals board shall be reconstituted to be composed of
five (5) qualified people. The initial appointments to the reconstituted board
shall be made no later than June 30, 1995, for terms to begin July 1, 1995, as
follows: One (1) member shall be appointed by the Governor for a term ending
on June 30, 1996, one (1) member shall be appointed by the Lieutenant Governor
for a term ending on June 30, 1997, one (1) member shall be appointed by the
Attorney General for a term ending on June 30, 1998, one (1) member shall be
appointed by the Chairman of the State Tax Commission for a term ending on June
30, 1999, and one (1) member shall be appointed by the * * * Commissioner
of Transportation for a term ending on June 30, 2000. After the expiration of
the initial terms of the members of the reconstituted board, all subsequent
appointments shall be made for terms of four (4) years from the expiration date
of the previous term. Any member serving on the appeals board before July 1,
1995, may be reappointed to the reconstituted appeals board. Appointments to
the board shall be with the advice and consent of the Senate; however, the
advice and consent of the Senate shall not be required for the appointment of a
person to the reconstituted appeals board for a term beginning on July 1, 1995,
if such person was serving as a member of the appeals board on June 30, 1995,
and such person received the advice and consent of the Senate for that appointment.
(3) There shall be a chairman and vice chairman of the board who shall be elected by and from the membership of the board. Any member who fails to attend three (3) consecutive regular meetings of the board shall be subject to removal by a majority vote of the board. A majority of the members of the board shall constitute a quorum. The chairman, or a majority of the members of the board, may call meetings as may be required for the proper discharge of the board's duties. Members of the board, except a member who is an officer or employee of the Mississippi Department of Transportation, shall receive per diem in the amount authorized by Section 25-3-69, for each day spent in the actual discharge of their duties and shall be reimbursed for mileage and actual expenses incurred in the performance of their duties in accordance with the provisions of Section 25-3-41.
Application shall be made by
petition in writing, within thirty (30) days after assessment of the penalty,
for a hearing and a review of the amount of the assessment. At the hearing the
appeals board shall try the issues presented according to the law and the facts
and within guidelines set by the Mississippi Department of
Transportation * * *. Upon due consideration of all the facts relating to the
assessment of the penalty, the appeals board, except as otherwise provided
under this section or under Section 27-19-89, may require payment of the full
amount of the assessment, may reduce the amount of the assessment or may
dismiss imposition of the penalty entirely. The appeals board shall dismiss in
its entirety the imposition of any penalty imposed against the holder of a
harvest permit if the permittee proves to the appeals board, by clear and
convincing evidence, that the average load transported by the permittee during
the permittee's last five (5) haul days immediately preceding the day upon
which the penalty appealed from was assessed did not exceed eighty thousand
(80,000) pounds. The appeals board shall reduce the penalty assessed against
the holder of a harvest permit to a maximum of Two Cents (2¢) per pound of
overweight if the permittee proves to the appeals board, by clear and
convincing evidence, that the average load transported by the permittee during
the permittee's last five (5) haul days immediately preceding the day upon
which the penalty appealed from was assessed exceeded seventy-nine thousand
nine hundred ninety-nine (79,999) pounds but did not exceed eighty-four
thousand (84,000) pounds. The board shall make such orders in the matter as
appear to it just and lawful and shall furnish copies thereof to the
petitioner. If the appeals board orders the payment of the penalty, the
petitioner shall pay the penalty, damages and interest, if any, within ten (10)
days after the order is issued unless there is an application for appeal from
the decision of the board as provided in the succeeding paragraph. Interest
shall accrue on the penalty at the rate of one percent (1%) per month, or part
of a month, beginning immediately after the expiration of the ten-day period.
If any person feels aggrieved by the decision of the appeals board, he may appeal the decision to the Chancery Court of the First Judicial District of Hinds County.
SECTION 27. Section 65-1-47, Mississippi Code of 1972, is amended as follows:
65-1-47. The * * * Mississippi Department of
Transportation shall have complete authority to issue rules,
regulations and orders under which the * * * Mississippi
Department of Transportation shall have control and supervision, with full
power and authority under rules, regulations and orders issued by the * * *
department, to locate, relocate, widen, alter, change, straighten,
construct or reconstruct any and all roads on the state highway system
heretofore or hereafter taken over by it for maintenance as a part of such
system, and shall have full and complete authority for regulating the making of
all contracts, surveys, plans, specifications and estimates for the location, laying
out, widening, straightening, altering, changing, constructing, reconstructing
and maintaining of and the securing of rights-of-way for any and all such
highways, and to authorize the employees of the * * * Mississippi
Department of Transportation to enter upon private property for such
purposes.
The * * * Mississippi
Department of Transportation, under the rules, regulations and orders
spread upon the minutes of the * * * Mississippi Department of
Transportation, is
authorized and empowered to obtain and pay for the rights-of-way of such width
as it may determine to be necessary for such highway or for any alteration or
change therein or relocation thereof by agreement with the owners of such
lands. Rights-of-way of not less than sixty (60) feet wide shall be acquired
except within the boundaries of towns and cities where unusual conditions
exist, in which case the * * * commission department is authorized and empowered to
have obtained and paid for such rights-of-way of such width as it may determine
to be necessary. * * * The department may have
condemned any and all land or other property needed for such purposes or either
of them; may have condemned or acquired by gift or purchase lands containing
road building materials and develop and operate pits, mines or other properties
for the purpose of obtaining road material; and have condemned or acquired by
gift or purchase lands necessary for the safety and convenience of traffic.
* * * The department, in case
an agreement cannot be reached with the owners of land containing road building
materials or of any additional land necessary for widening any existing public
highways, for laying out a new public highway, or for changing the route of an
existing public highway, as provided in the foregoing part of this section,
shall be authorized to have condemned any land needed for either of said
purposes, as is fully set forth in this section. The proceedings to acquire such
lands by a condemnation shall be in conformity with the statutes on the subject
of "eminent domain," the power of eminent domain being hereby
expressly conferred upon * * * said commissionthe department for such purposes. Such
proceedings shall take precedence over all other causes not involving the
public interest in all courts and shall be given preference to the end that
construction and reconstruction of highways hereunder may not be unreasonably
delayed. The amount of such compensation and damages, if any, awarded to the
owner in such proceedings shall be paid out of the State Highway Fund. The
authorities constructing such highway, under the authority as provided in this
section, shall use diligence to protect growing crops and pastures and to prevent
damage to any property not taken. So far as possible, all rights-of-way shall
be acquired or contracted for before any construction contract work order is
issued.
The estate which the * * * Mississippi Department of
Transportation is
authorized to acquire by deed or condemnation as set forth above shall include
all rights, title and interest in and to the lands or property being acquired,
excepting and excluding all the oil and gas therein or thereunder and such
other rights, title or interest which are expressly excepted and reserved to
the property owner, his successors, heirs or assigns in the deed or
condemnation petition by which the property is acquired. Any property interest
acquired may be in unlimited vertical dimension. The * * * Mississippi Department of
Transportation shall
decide what right, title and interest are necessary for highway purposes on
each particular project and may, by order on its minutes, authorize its agents
to expressly except all or any others.
SECTION 28. Section 65-1-49, Mississippi Code of 1972, is amended as follows:
65-1-49. The conveyance or assignment of easements for highway purposes may be made by the owner thereof to the Mississippi * * * Department of Transportation or the board of supervisors of any county for highway purposes. All actions by any person owning any interest in the land involved in such conveyance or assignment accruing as a result thereof must be brought within three (3) years after the date of such conveyance or assignment; provided, however, that the land involved is actually used for highway purposes or notice is posted thereon that it will be used for highway purposes within said three-year period, otherwise said period shall be six (6) years from the date of such conveyance or assignment.
The procedure provided hereby with reference to the conveyance or assignment of easements is supplemental to all rights and powers now authorized for and existing under the present law in said * * * department and boards, and is not intended as a limitation on same in any manner.
SECTION 29. Section 65-1-51, Mississippi Code of 1972, is amended as follows:
65-1-51. The Mississippi Department
of Transportation * * * may acquire by gift, purchase or otherwise, and may * * *
improve and maintain strips of land necessary for the
restoration, preservation and enhancement of scenic beauty adjacent to the
state highway rights-of-way. The * * * department may acquire and * * *
develop
publicly owned and controlled rest and recreation areas and sanitary and other
facilities within or adjacent to the highway right-of-way reasonably necessary
to accommodate the traveling public.
The Mississippi Department
of Transportation * * *, in its discretion, may acquire by gift, purchase or
otherwise, including the exercise of eminent domain, public or privately owned
wetlands and other lands suitable for creation as wetlands for the purpose of
mitigating wetland losses and replacing those wetlands purchased and damaged or
eliminated by development and use, on a basis not to exceed that required by
the Federal Highway Administration as a condition for receiving federal aid
funds, provided that some governmental agency or approved organization agrees,
without compensation, to accept title to the lands acquired and maintain such
lands as wetlands in perpetuity. However, the * * * department shall replace
those coastal wetlands purchased and damaged or eliminated by development and
use on the basis required by the "Coastal Wetlands Protection Law"
and regulations promulgated thereunder by the Mississippi Commission on Marine
Resources.
The Mississippi Department
of Transportation * * *, in its discretion, may acquire by gift, purchase or
otherwise, wetlands credits from an approved organization with a plan
establishing a wetland mitigation bank. The * * * department shall, if
possible, acquire credits on wetlands within the State of Mississippi before
acquiring credits on wetlands located outside the State of Mississippi.
SECTION 30. Section 65-1-57, Mississippi Code of 1972, is amended as follows:
65-1-57. It shall be the
duty of the * * *
Mississippi Department of Transportation to issue rules and
regulations for the * * * Mississippi Department of Transportation
to construct all secondary roads, when taken over for construction and maintenance,
up to such standard of specifications and with such surfacing material as the * * * department may determine
from a traffic census of the use and importance thereof as would be justified
from a standpoint of economy and convenience to the traveling public. To this
end the * * *
department is authorized, in dealing with said secondary roads, to * * *
place surfacing material on said secondary roads. All secondary roads
shall be constructed and maintained with a view of being eventually hard
surfaced as provided for primary roads.
SECTION 31. Section 65-1-59, Mississippi Code of 1972, is amended as follows:
65-1-59. (1) It shall be
the duty of the Mississippi Department of Transportation * * *
to carry out all contracts and agreements,
including federal-aid projects and agreements under the County Highway Aid Law
of 1946, being Sections 65-11-1 through 65-11-37, heretofore made or entered
into with any county, subject, however, to applicable rules and regulations of
the Federal Highway Administration. It shall be the duty of the * * *
Mississippi Department of Transportation * * *
to maintain all
state highways now under maintenance or hereafter taken over for maintenance,
the purpose of this provision being to preserve the status quo of all state
highways insofar as such highways have been taken over and control and
jurisdiction has been assumed by the * * * Mississippi
Department of Transportation * * *; however, except as otherwise
provided in this section, if any highway or link of highway is removed from the
state highway system by legislative act or by relocation or reconstruction, it
shall no longer be maintained by or be under the jurisdiction of the * * *
Mississippi
Department of Transportation * * *, but shall be returned to the
jurisdiction of the board of supervisors of the county or governing authorities
of the municipality through which such road runs. Except as to segments of
highways shorter than three (3) miles which have been or which are hereafter
replaced through curve straightening or minor realignment, the * * *
Mississippi Department of Transportation * * *
shall maintain
as state highways all portions of U.S. highways that either before or after
July 1, 1989, have been or are replaced and constructed as a part of the
interstate highway system, or four-lane primary system, or which are replaced
and constructed or are designated to be replaced and constructed as part of the
highway system under Section 65-3-97, including portions of all such
highways so replaced, or which under Section 65-3-97 are designated to be
replaced, by municipal bypasses; and such highways and portions thereof shall
be continued to be maintained as a part of the Mississippi state highway system
until removed from such system by legislative act. All such highways and
portions thereof which, by virtue of the provisions of this section, are
returned on or after July 1, 1989, to the jurisdiction of the Mississippi Department
of Transportation * * * shall be maintained by the * * * department only
to the traffic capacities existing at the time that they are returned and any
subsequent traffic capacity improvements or other improvements desired by the
county or municipality within which such highway or portion thereof is located
shall be performed in accordance with highway standards approved by the * * *
department
and the expenses for making such improvements shall be paid by the county or
municipality; however, all highways and portions thereof so improved by the
county or municipality shall thereafter be maintained by the Mississippi Department
of Transportation * * *.
Before any highway or portion thereof is returned to the * * *
department
under this section, the county or municipality having jurisdiction thereof
shall remove or cause to be removed by July 1, 1991, all right-of-way
encroachments along the entire length of the highway or portion thereof which
are not permitted by * * * Mississippi Department of Transportation
policies and rules and regulations adopted pursuant to state and federal law.
Any such encroachments may be allowed to remain only by permits issued by the
Mississippi Department of Transportation * * * in the manner and subject to the
same conditions for the issuance of permits for similar encroachments on other
highways on the state highway system. If traffic counts indicate that any
highway or portions thereof placed under the jurisdiction of the * * *
department
under the provisions of this section no longer form a substantial part of the
state highway system, the * * * department may
request the Legislature to remove such highways or portions thereof from the
state highway system and return said roads for maintenance to the county or
municipality in which they are located, as provided in subsection (2) of this
section. The highways which the * * * department is required to
continue to maintain by virtue of the provisions of this section shall be in
addition to the total mileage limitation of eight thousand six hundred (8,600)
miles provided in Section 65-3-3.
(2) The Mississippi Department
of Transportation * * * shall, no later than October 1, 1981, and October 1 each year
thereafter, furnish the Transportation Committee of the House of
Representatives and the Highways and Transportation Committee of the Senate a
recommendation for deletion of those highways or sections of highways which
should be removed from the system.
SECTION 32. Section 65-1-61, Mississippi Code of 1972, is amended as follows:
65-1-61. It shall be the
duty of the Mississippi Department of Transportation * * *
to construct, reconstruct and maintain, at the cost
and expense of the state, all highways under its jurisdiction up to such
standards and specifications and with such surfacing material as the * * *
department
may determine, such paving to be done for each project as rapidly as funds are
made available therefor and, as nearly as practicable, immediately upon the
completion of all work performed pursuant to grade, drainage and bridge
contracts for the project. Such paving shall be done in the order of the
relative use and importance of said highways, as may be determined by the
present and future traffic censuses thereof and other criteria, taking into
consideration their present and future use, convenience, public necessity,
public safety, the recorded maintenance expense, and their availability as
highways through the state. The type of the paving and surfacing of such
highways shall be determined by the * * * department, after a complete study of the
traffic requirements based upon the present and future traffic censuses, taking
into consideration the factors above set forth. However, no highways shall be
constructed, reconstructed, or maintained out of any patented paving material,
regardless of what kind, on which a direct royalty is paid by the * * *
department or
any contractor; and the * * * commission department shall not have included in the
plans or specifications for constructing, reconstructing, or maintenance of any
highway the requirements that any material used or specified shall be laid
under any process patented requiring the payment of a direct royalty for use of
such process or patent.
SECTION 33. Section 65-1-63, Mississippi Code of 1972, is amended as follows:
65-1-63. The * * * Mississippi Department of Transportation shall
construct, with its own funds, into each county seat in the State of
Mississippi which now has no paved access road, a paved road which will connect
said county seat with an existing paved road.
SECTION 34. Section 65-1-65, Mississippi Code of 1972, is amended as follows:
65-1-65. It shall be the
duty of the * * * Mississippi
Department of Transportation to maintain all highways which have been or
which may be hereafter taken over by the * * * Mississippi
Department of Transportation for maintenance in such a way as to afford
convenient, comfortable, and economic use thereof by the public at all times.
To this end it shall be the duty of the * * * commissioner,
subject to the rules, regulations and orders of the * * * department
as spread on its minutes, to organize an adequate and continuous patrol for the
maintenance, repair, and inspection of all of the state-maintained state
highway system, so that said highways may be kept under proper maintenance and
repair at all times.
SECTION 35. Section 65-1-67, Mississippi Code of 1972, is amended as follows:
65-1-67. The * * * Mississippi Department of
Transportation shall trim with edge lines, of a color and in a
manner which conforms with uniform national standards relating thereto which
have been adopted by the Federal Highway Administration, the edges of all state-designated
hard-surfaced highways which are constructed of asphaltic material, in the
interest of public safety on said highways. The * * * department
shall utilize its engineers and other * * * employees and * * * expend
available public funds for carrying out the intent and purposes of this
section.
Except as necessary to accommodate reconstruction, no road or highway shall be opened for public use until the department has complied with the provisions of this section; however, the * * * Mississippi Department of Transportation may permit segments of roads under contract for maintenance, construction or reconstruction to be open for public use when temporary center line markings are installed. Roadside pennant signs may be used in place of temporary center line markings in no passing lanes on seal-coated roads. All such temporary center lines or roadside pennant signs shall, as nearly as practicable, be in place before work is discontinued for the day or as soon thereafter as weather conditions permit.
SECTION 36. Section 65-1-69, Mississippi Code of 1972, is amended as follows:
65-1-69. Whenever any
railroad and state highway or part thereof shall cross each other at the same
level and, in the opinion of the * * * Mississippi Department of
Transportation, such
crossing is dangerous to public safety or traffic is unreasonably impeded
thereby and such crossing should be removed, the * * * Mississippi Department of
Transportation may order such crossing eliminated either by having the * * * Mississippi Department of
Transportation carry such state highway under or over the tracks of such
railroad.
The plans covering such
proposed changes may be made either by the * * * Mississippi
Department of Transportation * * * or the railroad company affected, but
shall in either event be approved by both the * * * department and the railroad company before contract
is awarded; but such provision shall not be used to unreasonably delay the
construction of any proposed structure. When plans have been approved, such
proposed work shall be advertised and contract awarded as elsewhere provided in
this chapter for the advertising and awarding of contracts. Joint supervision
of construction may be had by both the * * * Mississippi Department of
Transportation and the railroad company. The * * * Mississippi Department of
Transportation and the railroad company shall pay equal parts of the
cost of any underpass or overpass across the right-of-way of the railroad
company. Such work shall be so planned and prosecuted as to allow the safe and
regular operations of trains at every stage of the work.
Appeals from decisions or
determinations of the * * * Mississippi Department of Transportation may
be made by any party affected under this section, and the procedure for such
appeal shall be the same as is provided by law for appeals from decisions and
determinations of the boards of supervisors.
SECTION 37. Section 65-1-70.5, Mississippi Code of 1972, is amended as follows:
65-1-70.5. The provisions
of Section 65-1-70 shall not impute any liability of any kind or nature
to the Mississippi * * * Department of Transportation, or its agents, servants or employees.
SECTION 38. Section 65-1-71, Mississippi Code of 1972, is amended as follows:
65-1-71. The * * * Commissioner of Transportation is hereby authorized to close highways for construction purposes and in emergencies, and shall select, lay out, maintain, and keep in as good repair as possible suitable detours by the most practicable route, where same are necessary for the public convenience while any sections of said highways or roads are being improved or constructed or closed. The * * * commissioner shall place or cause to be placed explicit directions to the traveling public during repair of said highway or road under process of construction. As far as practical roads already laid out shall be connected with and used for such detours.
The * * * Commissioner
of Transportation is hereby authorized * * * to
enter into agreements, spread on the minutes of both boards, with the local
road authorities of the county or counties in which construction or maintenance
work is to be done, to pay all or any part of the cost of laying out or
maintaining said detours. All expenses to the state of laying out and
maintaining said detours shall be paid out of the state highway funds. The * * *
commissioner is also authorized * * * to
make reasonable rules and regulations to keep highways under construction open
to traffic where such action is deemed to be practical and desirable.
If any county-maintained road or municipally-maintained street is used temporarily as a part of a state highway detour, it shall be the duty of the * * * department, when said detour is abandoned as such, to place the same in as good condition as said road or street was when its use as a detour began.
SECTION 39. Section 65-1-73, Mississippi Code of 1972, is amended as follows:
65-1-73. The * * *
Mississippi Department of Transportation may repair
any paved city streets used as a detour subsequent to the year 1944 for any
United States numbered highway while the same was under construction or
reconstruction, provided such paved city streets were marked by the * * * department
as such detour. The extent of the repairs authorized hereby shall be to place
such streets in as good condition as the same were at the time their use as
such detour began, and is supplemental to the authority provided by Section 65-1-71.
SECTION 40. Section 65-1-75, Mississippi Code of 1972, is amended as follows:
65-1-75. (1) The
Mississippi Department of Transportation * * * is authorized and empowered to * * *
locate,
construct, reconstruct and maintain any designated state highway under its
jurisdiction to, through, across or around any municipality in the state,
regardless of the width of the street between curbs; and in so locating it is
fully empowered to follow the route of the existing street or to depart
therefrom, as in its discretion it deems advisable, and to obtain and pay for
the necessary rights-of-way, as provided in Section 65-1-47. The municipality
in which such construction is to be undertaken is likewise authorized to
acquire rights-of-way on any such streets or on any newly located routes,
either by purchase, gift or condemnation. Such rights-of-way may be acquired
by either the municipality or the Mississippi Department of
Transportation * * * and the cost thereof may
be borne by either or both as may be mutually agreed upon. In any event such
municipality may be required to save the * * * department harmless from any
claims for damages arising from the construction of the highway through such
municipality, including claims for rights-of-way, change of grade line,
interference with public structures, and any and all damages so arising.
Municipalities may secure additional improvements by payment of the additional
cost of same. The * * * department may require such municipality to cause to be laid
all water, sewer, gas or other pipelines or conduits, together with all
necessary house or lot connections or services, to the curb line of such road
or street to be constructed, and the * * * department is authorized to
refuse to * * * lay such pipelines or conduits beneath such roads or
streets until the municipality has laid same or entered into an agreement to
reimburse the * * * department for the expense thereby incurred.
(2) All construction of
state highways in or through municipalities, where done at the cost and expense
of the state, whether heretofore or hereafter, shall be maintained in the same
manner and to the same extent as is construction on state highways outside the
limits of municipalities to the end that investment of the state in such
highway so constructed may be preserved and maintained; and all reasonable
rules and regulations with reference to the preservation and maintenance of
such highways constructed at state expense, whether within or without municipal
limits, may be promulgated by the * * * department, except that it
shall have no power to promulgate police regulations contrary to existing law.
On any municipal streets or parts or sections thereof taken over for regular
maintenance and maintained by the department as a part of the state highway
system, the municipality shall not be liable for negligence occasioned by the
maintenance or repair of such streets thus apportioned to and of such width as
is maintained by the department. The municipality shall have full control and
responsibility beyond the curb lines of any designated highway or street,
whether heretofore or hereafter so designated, (except the interstate system)
located within its present or future expanded municipal corporate limits,
regardless of the ownership of the right-of-way, including, but not
limited to, the construction and maintenance of sidewalks, grass mowing and
drainage systems; however, the department may utilize the right-of-way
purchased by the * * * department without any additional cost or permission.
The municipality shall not
allow any encroachments, signs or billboards to be erected or to remain on
state-owned rights-of-way on any designated highway within its corporate limits
without the consent of the * * * department. The municipality,
at its own expense, shall provide street illumination and shall clean all
streets, including storm sewer inlets and catch basins. The * * *
department may
enter into an agreement with the municipality or with a private entity to sweep
and clean the designated highways within or without the corporate limits. The * * *
department may,
at state expense, provide illumination and may clean all interstate highways
within the corporate limits of any municipality. The right of the municipality
to grant franchises over, beneath and upon such streets is specifically
retained, but the municipality shall require every grantee of a franchise to
restore, repair and replace to its original condition any portion of any such
street damaged or injured by it; however, permission to open the surface of any
municipal street maintained by the department must be obtained from both the * * *
department and
the municipality concerned before any such opening is made. Each municipality
shall retain full police power over its streets, particularly as to regulating
and enforcing traffic and parking restrictions on such streets, but any traffic
control and parking regulations repugnant to state law shall be null and void.
The * * * department shall erect, control and maintain all
highway route markers and directional signs on such streets at state expense.
The * * * department,
at state expense, shall * * * have the department install, operate, maintain, control, and
have full jurisdiction over, all traffic control devices, including, but not
limited to, signals, signs, striping and lane markings on state highway streets
in municipalities having a population of twenty thousand (20,000) or less
according to the current United States census; but municipalities over twenty
thousand (20,000) population according to such census shall install, operate,
maintain and control such devices at their own expense, subject to approval of
the * * * department regarding operations, method of
installation and type only. Municipalities having a population of five
thousand (5,000) or more but less than twenty thousand (20,000) according to
the most recent federal census shall only be responsible for electrical
operating costs; and all other costs for the installation, operation and
maintenance of traffic control devices, including the changing of signal bulbs
in traffic signal lights, shall be the responsibility of the Mississippi
Department of Transportation * * *. The * * * department may purchase at
state expense and install traffic control devices in municipalities over twenty
thousand (20,000) population and donate them to the municipalities for
operation and maintenance whenever it appears to the * * * department that, in the
interest of safety or convenience of the motoring public, any of the devices
should be upgraded, replaced or removed. Any revenue from parking
meters on any such streets shall be controlled by and belong to the
municipality.
(3) The maintenance of all
streets within the limits of any municipality in this state, regardless of size,
which are presently being regularly maintained, in whole or in part, by the
department at state expense as a part or parts of any designated state highway
shall be continued. Whenever any state highway runs into or through the
corporate limits of any municipality, the municipal street or the street
utilized and marked as a part of any such state highway may be a part of the
state highway system and may be maintained by the department; however, such
route through any municipality shall be selected by the * * *
department * * *
describing
all such routes, and such route or routes may be changed, relocated or
abandoned by the * * * department from time to time, all under the provisions, terms
and conditions herein provided, but the * * * department shall maintain
only one (1) route of any highway through a municipality. Upon relocation of
such state highway or abandonment thereof, the municipal street formerly used
as a state highway shall thereby return to the jurisdiction of, and maintenance
by, the municipality.
SECTION 41. Section 65-1-77, Mississippi Code of 1972, is amended as follows:
65-1-77. The * * * Mississippi Department of
Transportation and the counties and municipalities of the state are
hereby authorized to enter into agreements for highway and street projects
which are a part of an overall plan to be administered under the provisions of
Title 23, United States Code. Such agreements may provide for traffic
engineering assistance to the local governments for the development by the * * * Mississippi Department of
Transportation of records systems for local roads and streets. The
counties and municipalities of the state are authorized to deposit with the * * * Mississippi Department of
Transportation the federal aid matching requirement for the project
from any available fund. The county and/or municipal share and the federal
share will be handled in the manner provided therefor in Section 65-9-17. The
county will be required to fulfill its obligation for maintenance of any
project constructed under this authorization in the same manner required of or
for any state aid road. It shall be the duty of the municipal officials of any
incorporated city entering into this agreement to properly maintain and operate
any completed project or improvement on the municipal street system. It shall
be the duty of the Chief Engineer of the * * * Mississippi Department of Transportation
and his assistants to make at least annual maintenance inspections of
completed projects and such other periodic inspections as he shall deem
necessary. If essential maintenance is not properly and regularly done in the
opinion of the chief engineer, then notice shall be given by the * * *
Mississippi Department of Transportation in writing to the
county or municipality in fault; and, if such maintenance is not done and
continued within sixty (60) days from the date of such notice, then the * * *
Mississippi Department of Transportation may proceed to have
done the necessary maintenance and repair work on such street and have the cost
of same credited to the State Highway Fund from any fund available to the
county or municipality within the State Treasury.
SECTION 42. Section 65-1-79, Mississippi Code of 1972, is amended as follows:
65-1-79. The * * * Mississippi Department of Transportation is authorized to enter into agreements with the United States of America for the purpose of securing federal aid funds when available under the provisions of Title 23, United States Code. The federal aid received under this authorization may be used on roads and streets, either on or off the designated highway system or designated state aid system. The * * * department is given the power and authority to approve the system of roads and streets when the approval of such system(s) establishes the eligibility for these roads and streets for federally funded projects when the necessary matching requirement of the federal aid is supplied by the political subdivision wherein the system or project lies. The * * * department is further vested with full authority to determine the priority of the expenditure of these funds and to approve the priority of improvements financed as a result of such authorization.
SECTION 43. Section 65-1-81, Mississippi Code of 1972, is amended as follows:
65-1-81. (1) Any municipality in the State of Mississippi, into or through which a designated state highway runs or is proposed to be run by the * * * Mississippi Department of Transportation, may, within the discretion of its governing authorities, contribute funds to the * * * department for the purpose of aiding in the building or construction of such highway, including the construction of necessary bridges, in an amount to be determined by agreement in writing between the * * * department and the governing authority of such municipality and entered in their respective minutes; but in no event shall such contribution exceed one-half (1/2) of one (1) per centum of the total assessed valuation of such municipality, according to the last completed assessment roll of the taxable property therein.
(2) Any county within the State of Mississippi, into or through which a designated state highway runs or is proposed to be run by the * * * Mississippi Department of Transportation, whether within or without a municipality, may, within the discretion of its board of supervisors, contribute funds to the * * * department for the purpose of aiding in the building or construction of such highway, including the construction of necessary bridges, in an amount to be determined by agreement in writing between the * * * department and the board of supervisors of such county and entered in their respective minutes; but in no event shall such contribution exceed one-fifth (1/5) of one (1) per centum of the total assessed valuation of such county, according to the last completed assessment roll of the taxable property therein.
(3) Any municipality or county, exercising any of the powers granted herein, is hereby authorized and empowered to issue general obligation bonds to provide funds for the aforesaid purpose. Any municipality issuing such bonds shall proceed in compliance with the provisions of Sections 21-33-301 through 21-33-329, Mississippi Code of 1972, and any county issuing such bonds shall proceed in compliance with the provisions of Sections 19-9-1 through 19-9-31, Mississippi Code of 1972, and all such bonds shall be sold in the manner provided by Section 31-19-25, Mississippi Code of 1972. However, where a municipality and county jointly obligate themselves to make contributions to the * * * Mississippi Department of Transportation, as provided herein, such municipality and such county may enter into an agreement to be spread on the minutes of the board of supervisors of such county and the minutes of the governing authority of such municipality, under which the municipality may issue bonds to raise funds for both the municipality and county, or the county may issue bonds to raise funds for both the county and municipality. Any such agreement may provide that in lieu of issuing its bonds hereunder, the municipality or the county, as the case may be, may contribute money to the other annually or semiannually in such amount and for such period of time as may be agreed upon by the two governing authorities, for the purpose of retiring its portion of the bonds issued by the other; and the obligation assumed by the nonissuing authority may be pledged in addition to the full faith, credit, and resources of the issuing authority for the payment of such bonds as they mature and the interest thereon as it may accrue. Both the municipality and the county, by their respective governing authorities, are hereby authorized and empowered to levy and collect the necessary ad valorem taxes on all taxable property within their respective jurisdictions sufficient to retire such bonds, or to provide funds to contribute to the other authority, as required by the aforesaid agreement; when any county shall be required to make a contribution to a municipality under the terms of this section, such contribution may be made from the proceeds of a tax to be levied pursuant to the provisions of Section 65-15-7, as the same now exists or may hereafter be amended, or from any source or sources available to such county. In the event that the required funds or any part thereof are thus provided, the annual ad valorem tax hereinabove provided for may be correspondingly reduced. Any bonds issued by any municipality or any county under the terms and provisions of this section, or any pledge of contributions made by any county or municipality, shall be excepted from all limitations of indebtedness prescribed by any general or special law and shall not be considered in applying any present or future limitations of indebtedness. This section is cumulative and is in addition to any authority now exercised by counties and municipalities under any other law relating to either.
(4) Any tax levy made to service the bonds authorized to be issued under authority of this section shall not be refundable under the homestead exemption laws of this state.
SECTION 44. Section 65-1-83, Mississippi Code of 1972, is amended as follows:
65-1-83. The * * * Mississippi
Department of Transportation shall cooperate with the United States
Department of Transportation, as necessary, in the taking of a traffic census
and the making of other surveys, inspections or studies as said federal agency
may request or require pertaining to or on the state highway system and such
other roads, bridges and highways within this state as it may deem advisable.
SECTION 45. Section 65-1-85, Mississippi Code of 1972, is amended as follows:
65-1-85. (1) All contracts
by or on behalf of the * * * Mississippi Department of
Transportation for the purchase of materials, equipment and supplies shall
be made in compliance with Section 31-7-1 et seq. All contracts by or on
behalf of the * * * department for construction,
reconstruction or other public work authorized to be done under the provisions
of this chapter, except maintenance, shall be made by the * * *
department only upon competitive bids after due advertisement
as follows, to wit:
(a) Advertisement for bids shall be in accordance with such rules and regulations, in addition to those herein provided, as may be adopted therefor by the * * * department, and the * * * department is authorized and empowered to make and promulgate such rules and regulations as it may deem proper, to provide and adopt standard specifications for road and bridge construction, and to amend such rules and regulations from time to time.
(b) The advertisement shall be inserted twice, being once a week for two (2) successive weeks in a newspaper published at the seat of government in Jackson, Mississippi, having a general circulation throughout the state, and no letting shall be less than fourteen (14) days nor more than sixty (60) days after the publication of the first notice of such letting, and notices of such letting may be placed in a metropolitan paper or national trade publication.
(c) Before advertising for such work, the * * * department shall cause to be prepared and filed in the department detailed plans and specifications covering the work proposed to be done and copies of the plans and specifications shall be subject to inspection by any citizen during all office hours and made available to all prospective bidders upon such reasonable terms and conditions as may be required by the * * * department. A fee shall be charged equal to the cost of producing a copy of any such plans and specifications.
(d) All such contracts shall be let to a responsible bidder with the lowest and best bid, and a record of all bids received for construction and reconstruction shall be preserved.
(e) Each bid for such a construction and reconstruction contract must be accompanied by a cashier's check, a certified check or bidders bond executed by a surety company authorized to do business in the State of Mississippi, in the principal amount of not less than five percent (5%) of the bid, guaranteeing that the bidder will give bond and enter into a contract for the faithful performance of the contract according to plans and specifications on file.
(f) Bonds shall be required of the successful bidder in an amount equal to the contract price. The contract price shall mean the entire cost of the particular contract let. In the event change orders are made after the execution of a contract which results in increasing the total contract price, additional bond in the amount of the increased cost may be required. The surety or sureties on such bonds shall be a surety company or surety companies authorized to do business in the State of Mississippi, all bonds to be payable to the State of Mississippi and to be conditioned for the prompt, faithful and efficient performance of the contract according to plans and specifications, and for the prompt payment of all persons furnishing labor, material, equipment and supplies therefor. Such bonds shall be subject to the additional obligation that the principal and surety or sureties executing the same shall be liable to the state in a civil action instituted by the state at the instance of the * * * department or any officer of the state authorized in such cases, for double any amount in money or property the state may lose or be overcharged or otherwise defrauded of by reason of any wrongful or criminal act, if any, of the contractor, his agent or employees.
(2) With respect to equipment used in the construction, reconstruction or other public work authorized to be done under the provisions of this chapter: the word "equipment," in addition to all equipment incorporated into or fully consumed in connection with such project, shall include the reasonable value of the use of all equipment of every kind and character and all accessories and attachments thereto which are reasonably necessary to be used and which are used in carrying out the performance of the contract, and the reasonable value of the use thereof, during the period of time the same are used in carrying out the performance of the contract, shall be the amount as agreed upon by the persons furnishing the equipment and those using the same to be paid therefor, which amount, however, shall not be in excess of the maximum current rates and charges allowable for leasing or renting as specified in Section 65-7-95; the word "labor" shall include all work performed in repairing equipment used in carrying out the performance of the contract, which repair labor is reasonably necessary to the efficient operation of said equipment; and the words "materials" and "supplies" shall include all repair parts installed in or on equipment used in carrying out the performance of the contract, which repair parts are reasonably necessary to the efficient operation of said equipment.
(3) The * * * department shall have the right to reject any and all bids, whether such right is reserved in the notice or not.
(4) The * * * department may require the prequalification of any and all bidders and the failure to comply with prequalification requirements may be the basis for the rejection of any bid by the * * * department. The * * * department may require the prequalification of any and all subcontractors before they are approved to participate in any contract awarded under this section.
(5) The * * * department may adopt rules and regulations for the termination of any previously awarded contract which is not timely proceeding toward completion. The failure of a contractor to comply with such rules and regulations shall be a lawful basis for the * * * department to terminate the contract with such contractor. In the event of a termination under such rules and regulations, the contractor shall not be entitled to any payment, benefit or damages beyond the cost of the work actually completed.
(6) Any contract for construction or paving of any highway may be entered into for any cost which does not exceed the amount of funds that may be made available therefor through bond issues or from other sources of revenue, and the letting of contracts for such construction or paving shall not necessarily be delayed until the funds are actually on hand, provided authorization for the issuance of necessary bonds has been granted by law to supplement other anticipated revenue, or when the department certifies to the Department of Finance and Administration and the Legislative Budget Office that projected receipts of funds by the department will be sufficient to pay such contracts as they become due and the Department of Finance and Administration determines that the projections are reasonable and receipts will be sufficient to pay the contracts as they become due. The Department of Finance and Administration shall spread such determination on its minutes prior to the letting of any contracts based on projected receipts. Nothing in this subsection shall prohibit the issuance of bonds, which have been authorized, at any time in the discretion of the State Bond Commission, nor to prevent investment of surplus funds in United States government bonds or State of Mississippi bonds as presently authorized by Section 12, Chapter 312, Laws of 1956.
(7) All other contracts for work to be done under the provisions of this chapter and for the purchase of materials, equipment and supplies to be used as provided for in this chapter shall be made in compliance with Section 31-7-1 et seq.
(8) The * * *
commissioner, department or any one or more of its members, or any
engineer or other person * * * may not let or make
contracts for the construction or repair of public roads, or building bridges,
or for the purchase of material, equipment or supplies contrary to the
provisions of this chapter as set forth in this section, except in cases of
flood or other cases of emergency where the public interest requires that the
work be done or the materials, equipment or supplies be purchased without the
delay incident to advertising for competitive bids. Such emergency contracts
may be made without advertisement under such rules and regulations as the * * *
department may prescribe.
(9) The * * * department is authorized to negotiate and make agreements with communities and/or civic organizations for landscaping, beautification and maintenance of highway rights-of-way; however, nothing in this subsection shall be construed as authorization for the * * * department to participate in such a project to an extent greater than the average cost for maintenance of shoulders, backslopes and median areas with respect thereto.
(10) The * * * department may negotiate and enter into contracts with private parties for the mowing of grass and trimming of vegetation on the rights-of-way of state highways whenever such practice is possible and cost effective.
(11) (a) As an alternative to the method of awarding contracts as otherwise provided in this section, the * * * department may use the design-build method of contracting for the following:
(i) Projects for the Mississippi Development Authority pursuant to agreements between both governmental entities;
(ii) Any project with an estimated cost of not more than Ten Million Dollars ($10,000,000.00), not to exceed two (2) projects per fiscal year; and
(iii) Any project which has an estimated cost of more than Ten Million Dollars ($10,000,000.00), not to exceed one (1) project per fiscal year.
(b) As used in this subsection, 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.
(c) The * * * department shall establish detailed criteria for the selection of the successful design-build contractor in each request for design-build proposals. The evaluation of the selection committee is a public record and shall be maintained for a minimum of ten (10) years after project completion.
(d) The * * * department shall maintain detailed records on projects separate and apart from its regular record keeping. The * * * department shall file a report to the Legislature evaluating the design-build method of contracting by comparing it to the low-bid method of contracting. At a minimum, the report must include:
(i) The management goals and objectives for the design-build system of management;
(ii) A complete description of the components of the design-build management system, including a description of the system the department put into place on all projects managed under the system to insure that it has the complete information on highway segment costs and to insure proper analysis of any proposal the * * * department receives from a highway contractor;
(iii) The accountability systems the * * * department established to monitor any design-build project's compliance with specific goals and objectives for the project;
(iv) The outcome of any project or any interim report on an ongoing project let under a design-build management system showing compliance with the goals, objectives, policies and procedures the department set for the project; and
(v) The method used by the department to select projects to be let under the design-build system of management and all other systems, policies and procedures that the department considered as necessary components to a design-build management system.
(e) All contracts let under the provisions of this subsection shall be subject to oversight and review by the State Auditor. The State Auditor shall file a report with the Legislature on or before January 1 of each year detailing his findings with regard to any contract let or project performed in violation of the provisions of this subsection. The actual and necessary expenses incurred by the State Auditor in complying with this paragraph (e) shall be paid for and reimbursed by the Mississippi Department of Transportation out of funds made available for the contract or contracts let and project or projects performed.
(12) The provisions of this section shall not be construed to prohibit the * * * department from awarding or entering into contracts for the design, construction and financing of toll roads, highways and bridge projects as provided under Sections 65-43-1 and 65-43-3.
SECTION 46. Section 65-1-86, Mississippi Code of 1972, is amended as follows:
65-1-86. The Attorney General shall, with or without a request by the * * * Mississippi Department of Transportation, bring any lawsuit, in the name of the * * * department, to recover any monies lost through illegal contracts, fraud, false pretense or any other criminal act, and the * * * department shall, at the direction of the Attorney General, supply internal audits or perform any other necessary act to furnish the attorney general with any evidence pertaining to such loss for use by the Attorney General in the preparation of said lawsuits.
SECTION 47. Section 65-1-87, Mississippi Code of 1972, is amended as follows:
65-1-87. The Mississippi * * * Department of Transportation is hereby authorized and empowered to purchase war surplus equipment, supplies, and materials from the General Services Administration of the United States of America without the necessity of advertising for bids for such materials and equipment and supplies, even though the cost of such materials, equipment, and supplies exceed the sum of One Thousand Dollars ($1,000.00), provided that such equipment, materials, and supplies shall be purchased for less than the then prevailing market price.
SECTION 48. Section 65-1-89, Mississippi Code of 1972, is amended as follows:
65-1-89. Every formal
contract made by or on behalf of the Mississippi Department of
Transportation * * * for the construction of any building, highway, or work, or the doing
of any repairs shall contain and include a provision for settlement by
arbitration, if requested by either party to the contract, of all claims and
disputes and other matters arising out of such contract, or the failure or
refusal to perform the whole or any part thereof.
SECTION 49. Section 65-1-91, Mississippi Code of 1972, is amended as follows:
65-1-91. Upon demand for
arbitration by any party to a contract with the Mississippi Department of
Transportation * * * for the construction of any building, highway or work, or the doing
of any repairs, such arbitration shall proceed in all respects and shall have
the same effect as authorized and provided by Sections 11-15-1 through 11-15-37.
Any arbitration decision shall be binding.
SECTION 50. Section 65-1-110, Mississippi Code of 1972, is amended as follows:
65-1-110. There is hereby
created in the State Treasury a special fund to be designated as the
Mississippi Department of Transportation Equipment Purchase Fund into which
shall be deposited such funds as may be appropriated by the Legislature, any
funds obtained from the "buy back" option offered by equipment
manufacturers or suppliers of certain types of equipment, funds obtained from
the sale of equipment by the Mississippi Department of Transportation and funds
obtained from insurance settlements with regard to equipment utilized by the
Mississippi Department of Transportation. Money deposited into the fund shall
not lapse at the end of any fiscal year and investment earnings on the proceeds
in such special fund shall be deposited into such fund. Money from such fund
shall be disbursed therefrom upon warrants issued by the State Fiscal Officer
upon requisitions signed by the * * * Commissioner
of Transportation to purchase or lease equipment for the Mississippi Department
of Transportation.
SECTION 51. Section 65-1-111, Mississippi Code of 1972, is amended as follows:
65-1-111. All monies from
any source provided by law shall be covered and paid into the State Treasury as
other public funds are paid, and it shall be the duty of the Department of
Finance and Administration to advise the Mississippi Department of Transportation * * *
of the amount of money
allotted to the * * * department on hand from time to time. It shall be the duty
of the Department of Finance and Administration to place and allocate those
funds so covered into the State Treasury in the State Highway Fund. The
interest earned on the investment of any highway funds shall be paid into the
State Highway Fund, except as otherwise provided in Section 15 of Laws, 2004,
Chapter 595. If any highway bonds or notes are issued, the Mississippi
Department of Transportation * * * will adopt a resolution requesting
the Bond Commission to issue such bonds or notes as may be authorized and a
"bond and interest sinking fund" and "note fund" shall be
kept separate from the highway fund by the State Treasurer pursuant to the bond
resolution adopted by the State of Mississippi Bond Commission.
SECTION 52. Section 65-1-113, Mississippi Code of 1972, is amended as follows:
65-1-113. The books and
accounts of the Mississippi Department of Transportation shall be audited at
the end of each fiscal year by the State Auditor. A copy of the audit shall be
filed with the Governor, the Legislative Budget Office, and the Department of
Finance and Administration and a copy kept on file in the Office of the
Mississippi Commissioner of Transportation * * *. The audit shall be so segregated
that it shall show in detail the expenditures of the Mississippi Department of
Transportation for the period involved.
At a regular meeting in
April of each year prior to the beginning of each July 1 fiscal year, the
Mississippi Department of Transportation * * * shall adopt a complete, detailed and
itemized budget of each construction program, maintenance and administration
based on information as required by the Legislative Budget Office, which budget
shall not exceed a reasonably anticipated income of the * * *
department for
the succeeding fiscal year * * *. A copy of the
detailed budget shall be filed with the Governor and three (3) copies each with
the Legislative Budget Office and the Department of Finance and Administration
on or before May 30 of each year and shall cover all anticipated expenditures
for construction, maintenance and all other expenditures for the ensuing fiscal
year. The * * * department shall not make expenditures in excess of its
published budget or any item thereof without written notice to the Legislative
Budget Office and prior approval of the Department of Finance and
Administration, except in case of extraordinary, unusual or unprecedented
occurrences arising by reason of unforeseen events, floods, hurricanes or other
acts of God or force majeure, in which event, upon the declaration of emergency
and necessity spread at large upon the minutes, appropriate and necessary
emergency expenditures may be made.
SECTION 53. Section 65-1-115, Mississippi Code of 1972, is amended as follows:
65-1-115. The Department of
Finance and Administration, in cooperation with the * * * department or its
comptroller, shall formulate and prescribe a uniform system of accounting for
all monies expended by the Mississippi Department of Transportation * * *. The * * * department shall have
prepared and issued all necessary forms, rules and regulations for the
installation and operation of said system of accounting, and it shall be the
duty of the Mississippi Department of Transportation * * *, acting through its * * *
commissioner,
in allowing any account to request, by requisition the Department of Finance
and Administration, that a warrant be issued therefor. The * * *
department shall
provide proper books covering requisitions to be drawn from the state highway
fund. In the event any highway bonds or notes are issued, additional books
covering a "bond and interest sinking fund" and "note fund"
shall likewise be provided.
SECTION 54. Section 65-1-117, Mississippi Code of 1972, is amended as follows:
65-1-117. The board of supervisors of any county is hereby authorized in its discretion to deposit with the State Treasurer, as trustee, funds representing the county's or district's share of the cost of construction of any project in that county.
The State Treasurer is hereby authorized to continue to receive and deposit to the credit of the State Highway Fund, all funds from the federal government made available by it for road construction purposes, and the treasurer shall notify the * * * department of the amounts so received.
All accounts against the above mentioned funds shall be certified by the * * * Commissioner of Transportation, who shall request the auditor of public accounts to issue his warrant on the State Treasurer for the amount of the account, and the treasurer shall pay same if sufficient funds are available, all in the manner prescribed herein or as may be required by law.
SECTION 55. Section 65-1-121, Mississippi Code of 1972, is amended as follows:
65-1-121. A full, complete, and detailed inventory of all property, other than * * * right-of-ways and lands containing road building materials, shall be continued as heretofore prepared and filed by the * * * Mississippi Department of Transportation. All of said properties so reported and inventoried and all other property of every kind or description shall be entered in detail and by items in or upon a card index, or other modern filing system, and thereafter all property which may be purchased or acquired by the * * * department shall be likewise noted and indexed in such filing system so as to keep a complete record of the identity, cost, purpose, use, and location of said property at all times, so that inventory thereof may easily be made; and when disposed of, a complete record of the disposition thereof shall likewise be made. It shall be the duty of the * * * department to make a full report annually of all monies or property that have or has come into * * * its possession or control and to faithfully account therefor.
SECTION 56. Section 65-1-123, Mississippi Code of 1972, is amended as follows:
65-1-123. (1) Except as
otherwise provided in subsection (10) of this section, whenever any personal
property has been acquired in any manner by the Mississippi Department of Transportation * * *
for public use and in
the opinion of the * * * department,
all or any part of the property becomes unnecessary for public use, the * * *
department is
authorized to dispose of such property for a fair and reasonable cash market
price. Any such sale shall be a sale upon the receipt of sealed bids after
reasonable advertisement for bids in such manner and at such time and place as
the * * * department
may deem proper and advisable, except that the * * * department may sell at
private sale any such personal property not necessary for public purposes the
cash market value of which is less than Five Hundred Dollars ($500.00);
however, if the personal property is timber, the * * *
department may
sell at private sale any such timber not necessary for public purposes the cash
market value of which is less than Five Thousand Dollars ($5,000.00), except
that whenever persons, groups or agencies are permitted to remove a quantity of
timber from highway rights-of-way, and the cash market value of the timber is
estimated by the * * * department to be less than One Thousand Dollars ($1,000.00),
it shall not be necessary to have the timber cruised or appraised and the * * *
department may
sell the timber at private sale. The * * * department shall have the
right to reject any and all bids in its discretion and to sell the property
theretofore advertised at private sale for not less than the highest of the
rejected bids, or to readvertise.
(2) Except as otherwise
provided in subsections (3) and (4) of this section, whenever real property,
with the exception of easements for highway purposes, has been acquired by the
Mississippi Department of Transportation * * *, in any manner, for public use and
in the opinion of the * * * department all or any part thereof becomes unnecessary for
public use, the same shall be declared on the minutes of the * * *
department as
excess property and shall be sold at private sale at market value. If the
excess property was a total take from the original owner, then the * * *
department shall
offer to such owner, in writing, the first right of refusal to purchase such
excess property; however, if after due diligence the original owner cannot be
located, then the * * * department shall offer the first right of refusal to purchase
the property to the adjoining property owner or owners. If the excess property
was a partial take from the current owner of the parcel of real property from
which the excess property was originally taken, then the * * *
department shall
be required to offer in writing the first right of refusal to purchase such
excess property to such owner. If within forty-five (45) days any owner to
whom the * * * department
has offered the first right of refusal under the provisions of this subsection
fails to accept the offer to purchase, the property shall then be offered to
the adjoining property owner or owners. If within forty-five (45) days an
adjoining property owner fails to accept the offer to purchase, then the excess
property shall be sold to the highest bidder upon the receipt by the * * *
department of
sealed bids after reasonable advertisement for bids in such manner and at such
time and place as the * * * department deems proper and advisable; however, the * * *
department shall
have the right to reject any and all bids in its discretion and to sell the
property theretofore advertised at private sale for not less than the highest
of the rejected bids, or to readvertise. Upon payment of the purchase price,
the * * * Commissioner of Transportation * * * may execute a quitclaim deed conveying such property to the
purchaser.
(3) Whenever the * * *
department
acquires by fee simple interest any property determined to be an uneconomic
remnant outside the right-of-way, then the * * * department may sell the
property to the adjoining property owner or owners for an amount not less than
the market value established by the county tax assessor or a state licensed or
certified appraiser.
(4) Whenever the * * *
department
desires to sell any real property used as maintenance lots, the property shall
be sold to the highest bidder upon the receipt by the * * * department of sealed bids and
after reasonable advertisement for bids in such manner and at such time and
place as the * * * department deems proper and advisable; however, the * * *
department, in
its discretion, may reject any and all bids and sell the property advertised at
private sale for not less than the highest of the rejected bids, or may
readvertise. Upon payment of the purchase price, the * * * Commissioner
of Transportation may execute a quitclaim deed conveying the property to
the purchaser.
(5) All easements for
highway purposes shall be released when they are determined * * *
by
the department as no longer needed for such purposes, and when released,
they shall be filed by the department in the office of the chancery clerk in
the county where the property is located.
(6) In no instance shall
any part of any property acquired by the * * * department, or any interest
acquired in such property, including, but not limited to, easements, be
construed as abandoned by nonuse, nor shall any encroachment on such property
for any length of time constitute estoppel or adverse possession against the
state's interests.
(7) It is the intent of the
Legislature that the Mississippi Department of Transportation * * *
shall declare property
it has acquired and which is no longer needed for public purposes as excess and
to sell and/or dispose of such excess property in accordance with the
provisions of this section as soon as practicable after such property becomes
excess in fact. Unnecessary or excess property or property interests shall be
disposed of only upon order of the Mississippi Department of
Transportation * * * on its minutes as provided in this section.
(8) Whenever any real
property has been acquired by the Mississippi Department of
Transportation * * * and in the opinion of the * * * department all or any part of
the property will not be utilized in the near future, the property shall be so
declared by the Mississippi Department of Transportation * * *
on its minutes and the * * *
department may
lease or rent the property for its market value.
(9) This section shall not
apply to any sale, donation, exchange or other conveyance of real property when
the Legislature otherwise expressly authorizes or directs the * * *
department to
sell, donate, exchange or otherwise convey specifically described real
property.
(10) (a) As an alternative
to the sale of timber under subsection (1) of this section, the Mississippi Department
of Transportation * * * may enter into an agreement with the State Forestry Commission for
the general supervision and management of timber on selected portions of the
rights-of-way of the interstate highway system and those completed segments of
four-lane highways in the state. Such an agreement may prescribe the details
of, and authority and control over, the full range of forestry management
practices. Seventy-five percent (75%) of any money collected from the sale of
timber on rights-of-way, less any expenses associated therewith, shall be
deposited into the Education Enhancement Fund created in Section 37-61-33, and
the remainder shall be deposited into the State Highway Fund to be expended
solely for the repair, maintenance, construction or reconstruction of highways.
(b) Subject to the
provisions of paragraph (a) of this subsection, the Mississippi Department
of Transportation * * * may, after consultation with the State Forestry Commission, adopt
such rules and regulations with regard to the management, sale or disposal of
timber on highway rights-of-way as it considers appropriate; provided, however,
such rules and regulations shall be uniform throughout the state and shall be
designed to maximize the value of such timber or minimize the cost of removing
such timber.
SECTION 57. Section 65-1-127, Mississippi Code of 1972, is amended as follows:
65-1-127. The Mississippi * * * Department
of Transportation is authorized and empowered to cooperate with the Federal
Highway Administration Fellowship Program in Highway Safety by granting
permission of any of its employees accepted for participating in such program
to be granted a leave of absence to obtain the schooling without loss of salary
while gaining the advanced training to better equip them for service to the * * * department.
In addition to requirements
set forth in the Federal Highway Administration's regulations, any such
employee to be eligible for such training must agree to continue to work with
the * * * department for at least three (3) years
after completing the fellowship study period.
At no time shall more than
three (3) employees be on such leave from the * * * department.
SECTION 58. Section 65-1-129, Mississippi Code of 1972, is amended as follows:
65-1-129. For purposes of Sections 65-1-129 through 65-1-137, unless the context requires otherwise, the following terms shall have the meanings ascribed herein:
(a) "Highway
Commission" * * * or "Mississippi State Highway Commission"
means the Mississippi Department of Transportation.
(b) "Qualified person" means a person who:
(i) Has met all the educational and training requirements of a course of study prescribed and conducted by the Mississippi Law Enforcement Officers' Training Academy; and
(ii) Is of good moral character and has not been convicted of any crime involving moral turpitude.
SECTION 59. Section 65-1-131, Mississippi Code of 1972, is amended as follows:
65-1-131. (1) The
Mississippi Department of Transportation * * * may appoint and commission qualified
persons as security officers of the Mississippi Department of Transportation.
Any such security officer so appointed shall be a full-time employee of the Mississippi
Department of Transportation * * * and shall not be employed by any
privately owned guard or security service, and shall at all times be answerable
and responsible to the Mississippi Department of Transportation and
Commissioner of Transportation * * *.
(2) A security officer
appointed and commissioned as provided in subsection (1) of this section shall,
before entering upon his duties as such officer, take the oath of office
prescribed by Section 268, Mississippi Constitution of 1890, which shall be
endorsed upon his commission. The commission, with the oath endorsed upon it, shall
be entered in the official minute book of the Mississippi Department of
Transportation * * *.
(3) A security officer
appointed and commissioned pursuant to the provisions of subsection (1) of this
section, shall, while engaged in the performance of his duties, carry on his
person a badge identifying him as a security officer of the Mississippi
Department of Transportation and an identification card issued by the * * *
department.
When in uniform, each such security officer shall wear his badge in plain view.
(4) A security officer
appointed and commissioned under subsection (1) of this section may exercise
the same powers of arrest and the right to bear firearms that may be exercised
by any state, municipal or other police officer in this state, but only with
respect to violations of law which are committed on or within buildings,
property or facilities owned by or under the jurisdiction of the Mississippi
Department of Transportation * * *.
Any right granted under this subsection in no way relieves the requirements of
appropriate affidavit and warrant for arrest from the appropriate jurisdiction
and authority pursuant to the laws of this state.
(5) On behalf of each person
who is employed as a security officer under subsection (1) of this section and
who is trained as a security officer at the Mississippi Law Enforcement
Officers' Training Academy, the Mississippi Department of Transportation * * *
shall be required to
pay to the academy at least an amount equal to the per student cost of
operation of said academy as tuition.
SECTION 60. Section 65-1-135, Mississippi Code of 1972, is amended as follows:
65-1-135. The powers and
authority of any security officer may be terminated at any time by the * * *
Mississippi
Department of Transportation.
SECTION 61. Section 65-1-136, Mississippi Code of 1972, is amended as follows:
65-1-136. (1) In addition
to employing security officers as full-time employees of the Mississippi
Department of Transportation as authorized under subsection (1) of Section 65-1-131,
the Mississippi Department of Transportation * * * may contract with any private
security firm or business authorized to do business in this state for the
purpose of providing security for buildings, property or facilities owned by or
under the jurisdiction of the Mississippi Department of Transportation * * *,
or for buildings, property or facilities located on a trunkline highway at or
near a point of entry into this state in which a welcome center or hospitality
station has been established by the Mississippi * * *
Development Authority.
(2) A security officer of a
security firm or business with which the * * * department has contracted
pursuant to the provisions of this section, while engaged in the performance of
his duties, shall carry on his person a badge identifying him as a security
officer and an identification card issued by the Mississippi Department of
Transportation * * *. When in uniform, each such security officer shall wear
his badge in plain view.
(3) A security officer of a
security firm or business with which the * * * department has contracted
pursuant to the provisions of this section shall have only such powers of
arrest as may be exercised by a private citizen of this state and only such
right to bear firearms or weapons while engaged in the performance of his
duties as authorized under Section 97-37-7.
SECTION 62. Section 65-1-137, Mississippi Code of 1972, is amended as follows:
65-1-137. All security
officers of any security firm or business with which the Mississippi
Department of Transportation * * * has contracted under Section 65-1-136
shall be independent contractors and shall not be considered as employees under
Chapter 46 of Title 11, Mississippi Code of 1972.
SECTION 63. Section 65-1-141, Mississippi Code of 1972, is amended as follows:
65-1-141. (1) (a) The * * * Mississippi Department of Transportation
shall annually prepare a three-year plan for the maintenance, construction,
reconstruction and relocation of the State Highway System. The plan shall
include:
(i) For each
interstate, primary, secondary and other highway or road system under the
jurisdiction of the * * *
department,
a list and detailed description of those highways, or segments thereof, on the
highway system which are determined to have the highest priority for
maintenance and which can be maintained within the three-year period from funds
available or estimated to be made available for such purpose;
(ii) For each
interstate, primary, secondary and other highway or road system under the
jurisdiction of the * * *
department,
a list and detailed description of those highways, or segments thereof, on the
highway system which are determined to have the highest priority for
construction, reconstruction or relocation and for which contracts can be let
for construction, reconstruction or relocation within the three-year period
from funds available or estimated to be available for such purpose;
(iii) The reasons for the priority assigned to highways, or segments thereof, pursuant to the criteria established in the following subsection (1)(b), and the annual cost and total estimated cost of completion for each such project; and
(iv) A synopsis of
any analyses or studies considered by the * * * department to develop the
criteria in determining priorities.
(b) The * * * Mississippi Department of
Transportation shall determine the criteria on which the * * *
department
shall assign priority for maintenance, construction, reconstruction and
relocation of highways, or segments thereof, on each highway or road system
under its jurisdiction, taking into consideration all of the following
criteria:
(i) Public necessity and public safety;
(ii) Present and future economic benefit and commercial value;
(iii) Present and future traffic census; and
(iv) Route continuity.
Additionally, the * * * department
shall take into consideration conditions potentially hazardous to the public
safety at points on highways having substantial truck traffic entering and
leaving the highway. In setting priorities for construction, the department
shall take into consideration the construction of turning lanes at such points
on highways to facilitate the safe movement of traffic.
(c) To develop the
criteria to be used in determining priorities, the * * * department
may conduct public hearings; shall conduct analyses or studies of highway
needs, utilizing highway department personnel; and shall consider highway needs
analyses or studies submitted to them by the University Research Center, which
is hereby directed to develop such highway needs analyses or studies with
respect to the criteria set forth in subsection (1)(b)(ii) above and to timely
submit or present such analyses or studies to the * * * department.
(2) All funds appropriated
and made available to the * * * department from any
source within the state for maintenance, construction, reconstruction and
relocation of the state highway system shall be expended on order of the * * *
department
according to the priorities herein set forth and without regard to the
provisions of Sections 65-3-29 through 65-3-33. The * * * department shall spread upon
its minutes, from time to time, the priority of roads for application of such
funds, the specific reasons for each priority so assigned, and the source and
amount of funds applied to each project.
(a) All interstate
funds apportioned to the * * * State Highway Transportation Commissiondepartment under
the Federal Aid Highway Act of 1956 shall be allocated on the basis of need to
complete the interstate system of highways to provide for the maximum
commercial benefit to the state.
(b) All primary road construction money shall be used in the priorities established pursuant to subsection (1)(b) hereof.
(c) The * * *
department
shall match all available federal money for highways.
(d) Federal aid primary system as constituted. Priority of use of these funds shall be determined by roads meeting most of the criteria receiving priority established pursuant to subsection (1)(b) hereof.
(e) Secondary road construction money shall be used with priorities established by roads meeting most of the following criteria receiving priority:
(i) Roads in the order of the relative use and importance of such highways, as may be determined by the present and future traffic censuses thereof, taking into consideration their present and future use, convenience, public necessity and public safety, the connecting of Mississippi towns, cities and population centers and the economic contribution to the state should a specific highway be improved, the recorded maintenance expense and their continuity as highways through the state.
(ii) Roads which carry the most traffic.
(iii) Roads which connect the federal aid primary or interstate system in a uniform manner.
(iv) Roads which serve the most commercial value.
(v) Roads which are arterial in nature.
(vi) Roads which connect the major rural communities with similar communities in adjoining counties.
(f) The * * *
department
shall, when funds are available, match all available federal
money for highways.
(3) Projects eligible for
reimbursement under the provisions of Public Law 97-424 shall be exempt from
the requirements of subsection (1)(a) of this section, but the * * *
department shall expend funds available
to it for such projects in the priorities established pursuant to subsection
(1)(b) hereof.
(4) All highway
construction, reconstruction and relocation shall be by contract, let on
competitive bid in the manner provided by statute. On any one (1) reconstruction
project the total cost of which does not exceed Two Hundred Thousand Dollars
($200,000.00), reconstruction may be accomplished by * * * department
labor, equipment or materials. Nothing herein shall be construed to affect
maintenance and repair work done or to be done on existing roads. When new
programs require the utilization of professional services, the * * *
department
may contract with, engage, or retain available, competent firms actively
offering such professional services as a primary source of livelihood.
"Professional services" * * * means services normally
performed on a fee basis or contract by engineers, architects, business
management, administrative and consulting firms.
SECTION 64. Section 65-1-145, Mississippi Code of 1972, is amended as follows:
65-1-145. (1) The
expenditure of funds now or hereafter available for the construction and
reconstruction of primary and secondary roads by the Mississippi Department
of Transportation * * *, after having determined the priority in accordance with
the requirements of Section 65-1-141 hereof, shall be as follows:
(a) Four-lane roads shall be constructed using the existing two-lane roads as part of such construction along portions of highways where the most recent average daily traffic count exceeds thirty percent (30%) of the route segment's capacity.
(b) Along such portions of highways where the most recent average daily traffic count does not exceed thirty percent (30%) of the capacity, two-lane roads shall be constructed, or existing two (2) lanes shall be widened, overlayed and reconstructed. Along such two-lane portions of highways passing lanes may be constructed where traffic congestion or special hazards dictate, or, where such two-lane segment connects two (2) existing four-lane roads, such segment may be constructed as a four-lane road for road continuity, using the existing two-lane road as part of such construction.
(c) Four-lane, full-control
or limited access highways bypassing municipalities shall not be constructed
until the Mississippi Department of Transportation * * *
determines that the
most recent average daily traffic count exceeds sixty percent (60%) of an
existing two-lane route's capacity or determines that within a reasonable
period of time after construction of such a four-lane, full-control or limited
access municipal bypass the average daily traffic count will exceed sixty
percent (60%) of an existing two-lane route's capacity. In no event shall such
a bypass be constructed until approved by the Legislature by an appropriation
of highway funds for a specific bypass, the construction of which has been
recommended by the * * * Commissioner of
Transportation * * * and included in the three-year plan prepared pursuant
to Section 65-1-141.
(d) Four-lane facilities may be constructed without using existing roadways as a part of such construction where it is necessary to construct four-lanes on new location because of bad alignment of existing roadway or where it is necessary to relocate or realign such roadway so as to connect with a four-lane facility in an adjoining state.
(e) Any four-lane bypass project of which all, or any portion thereof, is presently under construction, or let to contract, or which has been partially completed, except where right-of-way only has been acquired, may be completed in its entirety.
(f) Notwithstanding any limitation imposed above on the construction of four-lane roads, through June 30, 2007, contracts to construct four-lane roads may be let when (i) the federal government has provided money for four-laning a specific highway project, (ii) four-laning will enhance the current economic development of the area in which the four-lane road will be constructed, or (iii) the four-lane road to be constructed will connect with an existing four-lane road.
Before a route location is
submitted to the Federal Highway Administration for approval, appropriate
identification of the proposed route must be * * * approved by the Commissioner of Transportation.
Where a route location has been approved by the Federal Highway Administration
and a relocation of the route is contemplated, the same procedure of
advertisement and hearings upon request must be followed which is used in
reaching an initial route location. Any change in location must be * * *
approved by the Commissioner of Transportation.
The Mississippi Department of Transportation * * * may alter construction standards of
an approved route by * * * approval of the
Commissioner of Transportation; provided that such change is in conformity
with items (a), (b), (c), (d), (e) and (f) of this subsection.
(2) No state monies shall
be expended on any construction project unless a Mississippi Department of
Transportation * * * engineer shall be assigned to such project.
SECTION 65. Section 65-1-149, Mississippi Code of 1972, is amended as follows:
65-1-149. The Mississippi Department
of Transportation * * * shall file a detailed annual report with the Governor, Department of
Finance and Administration, Secretary of the Senate, Clerk of the House of
Representatives, and each member of the Senate and the House of Representatives
requesting one (1), by January 15 of each year showing by county the
construction and maintenance work in progress, the cost of each project with an
indication of specific cost incurred and expenses paid during the fiscal year
reported, a list of contracts let, a summary of the bids received, and the name
and address of the contractor to whom the contract was awarded in each case.
The annual report of the * * * Transportation Commissiondepartment shall also contain
all receipts and disbursements during the preceding fiscal period and an
estimate of the receipts for not less than the next fiscal period, plus the
average cost of maintenance of each general type of road and the average cost
of construction of the various types of surface. Any information and
recommendations, including proposed legislation which in the opinion of the * * *
department is
needed, shall be contained in said report, in addition to any other required by
law to be in the annual report of every department, agency or institution.
In addition to the report hereinabove required, there shall be presented, by January 15 of each year to the Senate Highways and Transportation Committee and to the House Transportation Committee, a report on the projected projects for the next three (3) years outlined in detail sufficient enough to facilitate an accurate assessment of such projects by such committees.
The Mississippi
Department of Transportation * * * shall adopt a complete, detailed and
itemized budget based on information as required by the Legislative Budget
Office, which budget shall not exceed a reasonably anticipated income of the * * *
department for
the succeeding fiscal year * * *. A copy of the
detailed budget shall be filed with the Legislative Budget Office and the
Department of Finance and Administration and shall cover all anticipated
expenditures for the ensuing fiscal year. The * * * department shall not make
expenditures in excess of its published budget or any item thereof without
written notice to the Legislative Budget Office and prior approval of the
Department of Finance and Administration, except in case of extraordinary,
unusual or unprecedented occurrences arising by reason of unforeseen events,
floods, hurricanes or other Acts of God or force majeure, in which event, upon
the declaration of emergency and necessity spread at large upon the minutes,
appropriate and necessary emergency expenditures may be made.
The books and accounts of
the Mississippi Department of Transportation shall be audited at the end of
each fiscal year by the State Auditor. A copy of the audit shall be filed with
the Governor, the State Auditor, the Legislative Budget Office, the Department of
Finance and Administration, and a copy kept on file in the office of the * * *
Commissioner of
Transportation. The audit should be so segregated that it shall show in
detail the expenditures of the Mississippi Department of Transportation * * *
for the period
involved.
SECTION 66. Section 65-1-151, Mississippi Code of 1972, which regards bonds required of the Mississippi Transportation Commission and Executive Director of the Mississippi Department of Transportation, is repealed.
SECTION 67. Section 65-1-155, Mississippi Code of 1972, which required the State Highway Commission to transfer certain funds in 1986, is repealed.
SECTION 68. Section 65-1-167, Mississippi Code of 1972, is amended as follows:
65-1-167. There is hereby
created in the State Treasury a special fund to be known as the Statewide
Litter Prevention Fund. Monies may be expended out of such fund, pursuant to
appropriation by the Legislature, to implement the statewide litter prevention
program established under the provisions of Section 65-1-165. Disbursements
from such fund shall be made only upon requisition of the * * *
Commissioner of
Transportation.
SECTION 69. Section 65-1-169, Mississippi Code of 1972, is amended as follows:
65-1-169. The * * *
Mississippi
Department of Transportation is hereby authorized to maintain property
acquired for highway purposes free and clear of any obstruction, encroachment
or any other use not authorized by the * * * department. Before removing
or terminating any obstruction, encroachment or other unauthorized use, the * * *
department
shall give notice by registered mail to the offending party of its intention to
remove or terminate such obstruction, encroachment or other unauthorized use
unless, within forty-five (45) days from the date such notice is mailed, the
offending party institutes a civil action in any court of competent
jurisdiction with respect to the removal or termination proposed by the * * *
department.
When the * * * department has removed or terminated any
obstruction, encroachment or other unauthorized use after the mailing of notice
as required above and upon the failure of the offending party to institute an
action within the forty-five-day time period, the * * * department may
institute a civil action in any court of competent jurisdiction against the
offending party for all costs incurred in the removal or termination thereof.
The * * * Mississippi
Department of Transportation and * * * its personnel
shall not be liable, civilly or criminally, for any property damages or
personal injuries incurred by any person for the removal or termination of such
obstruction, encroachment or unauthorized use in accordance with the provisions
of this section provided that reasonable care is exercised in the termination
or removal of the obstruction, encroachment or unauthorized use. The
provisions of this section shall not be construed as a waiver, in whole or in
part, of the sovereign immunity of the state * * * or the * * *
Mississippi
Department of Transportation.
The provisions of this
section shall apply only to the removal or termination of obstructions,
encroachments or other unauthorized uses of property acquired for highway
purposes which first occur or are created on or after July 1, 1988. The
provisions of this section shall not apply to or affect any right or remedy
which the * * * Mississippi Department of Transportation
was authorized by law prior to July 1, 1988, to exercise in the removal or
termination of any such obstructions, encroachments or other unauthorized uses
occurring or created before July 1, 1988.
SECTION 70. Section 65-1-173, Mississippi Code of 1972, is amended as follows:
65-1-173. For the purpose
of enforcing and investigating all violations of the railroad laws, and the
rules, regulations and general orders of the Mississippi Department of Transportation * * *
promulgated thereunder,
the * * * department
is hereby authorized to employ five (5) inspectors and one (1) railway safety
coordinator. The salaries of the inspectors and the safety coordinator shall
be fixed by the * * * department,
subject to the state personnel system law as provided under Section 25-9-101 et
seq. The inspectors shall devote their full time to the performance of their
duties and shall take an oath faithfully to perform the duties of their
positions. The * * * department shall require bonds to be carried on such
employees as the * * * department may deem necessary, the cost thereof to be paid by
the * * * department.
The inspectors shall be
selected after an examination, as prescribed by the * * * department, as to physical and
mental fitness, knowledge of the railroad laws, the rules and regulations of
the * * * department,
the laws of this state pertaining to arrest and any other examination as may be
prescribed by the * * * department.
An inspector, at the time of appointment, shall be a citizen of the State of
Mississippi, of good moral character, and shall not be less than twenty-one
(21) years of age.
The inspectors of the
Mississippi Department of Transportation * * * may enter upon private property upon
which a railroad facility is located that is connected to but not a part of the
general railroad system of transportation, at reasonable times and in a
reasonable manner to perform an inspection, investigation or surveillance of
facilities, equipment, records and operations relating to the packaging,
loading or transportation of hazardous materials or other materials to
determine whether the railroad facility complies with the applicable federal or
state safety statutes, rules, regulations or orders. Any inspection,
investigation or surveillance performed on the site of a manufacturing facility
shall be performed in compliance with the safety rules or regulations of the
facility.
SECTION 71. Section 65-1-303, Mississippi Code of 1972, is amended as follows:
65-1-303. (1) When, in the
exercise of its duties, the Mississippi Department of Transportation * * *
finds it necessary to
condemn property, the * * * department shall institute a civil action by filing in the
circuit or county court of any county in which the land is located a complaint
and a declaration of taking that such land, easement or interest therein is
thereby taken for the use of the Department of Transportation.
(2) The declaration shall contain or have attached thereto the following:
(a) A statement of the authority under which and the use for which the land is taken;
(b) A description of the entire tract or tracts affected by the taking sufficient for the identification thereof; (c) A statement of the estate or interest in the land taken for public use and a description of area taken for the identification thereof;
(d) The names and
addresses of those persons who the Mississippi Department of
Transportation * * * is informed and believes may have or claim to have an interest in
the lands, so far as the same can be by reasonable diligence ascertained; and,
if any such persons are infant, non compos mentis, under any other disability,
or their whereabouts or names unknown, it must be so stated; and
(e) A statement of the
sum of money which constitutes the fair market value as determined by the Mississippi
Department of Transportation * * * to be just compensation for the
taking.
(3) The complaint shall contain or have attached thereto the following:
(a) A statement of the authority under which and the public use for which the land is taken;
(b) A description of the entire tract or tracts affected by the taking sufficient for the identification thereof;
(c) A statement of the estate or interest in the land taken for public use and a description of the area taken sufficient for the identification thereof;
(d) The names and
addresses of those persons who the Mississippi Department of
Transportation * * * is informed and believes may have or claim to have an interest in
the lands, so far as the same can be by reasonable diligence be ascertained;
and, if any such persons are infants, non compos mentis, under any other
disability, or their whereabouts or names unknown, it must be so stated;
(e) A statement as to
such liens or other encumbrances as the Mississippi Department of
Transportation * * * is informed and believes are encumbrances upon the real estate and
can by reasonable diligence be ascertained; and
(f) A prayer that there be a determination of just compensation in accordance with the provisions of this article.
(4) The filing of the
complaint and the declaration of taking shall be accompanied by the deposit of
the sum of money, the fair market value, determined by the Mississippi
Department of Transportation * * * to be just compensation for the
taking; and, upon the filing of the complaint and the declaration and deposit
of the sum, summons shall be issued and, together with a copy of the complaint
and the declaration of taking and notice of the deposit, shall be served upon
the person named therein in the manner now provided for the service of process
in civil actions. The Mississippi Department of Transportation * * *
may amend the complaint
and declaration of taking and may increase the amount of its deposit with the
court at any time while the proceeding is pending, and the owner shall have the
same rights of withdrawal of this additional amount as set forth in Section 65-1-307.
SECTION 72. Section 65-1-305, Mississippi Code of 1972, is amended as follows:
65-1-305. (1) Upon the
filing of the complaint and the declaration of taking and deposit in court, to
the use of the person entitled thereto, of the amount of the compensation
stated in the declaration, and upon the Mississippi Department of Transportation * * *
having filed proof of
service of process, title to the land or such other interest therein specified
in the complaint and the declaration of taking, together with the right to
immediate possession thereof, shall vest in the Mississippi Department of
Transportation * * *, and the judge shall enter such orders in the cause as
may be required to place the Mississippi Department of Transportation * * * in possession and title.
Thereafter, the land shall be deemed to be condemned and taken for use of the Department
of Transportation * * *, and the right to just compensation therefor shall vest
in the person owning the property or any compensable interest therein at the
time of the filing of the complaint and the declaration of taking and deposit
of the money in court. Compensation shall then be determined and awarded in
the action and established by judgment therein.
(2) If there is a life estate and a remainder, either vested or contingent, in lieu of the investment of the proceeds of the amount determined and awarded as just compensation to which the life tenant would be entitled to the use during the life estate, the court, in its discretion, may order the value of the life tenant's share during the probable life of such life tenant to be ascertained as provided by law and paid directly to the life tenant out of the final award as just compensation established by the judgment in the cause, and the life tenant may have the relief provided for in Section 65-1-307.
(3) On and after July 1,
1997, the Mississippi Department of Transportation * * *, at the time of the filing of the
complaint and declaration of taking and deposit of fair market value
compensation, shall record a memorandum of action in the land deed records of
the chancery clerk in all counties in which the land involved therein is
located, and the memorandum shall be recorded among the land records of the
county. Upon the amending of any complaint and declaration of taking affecting
the property taken, the Mississippi Department of Transportation * * *
shall record a
supplemental memorandum of action. The memorandum of action shall contain the
following:
(a) The names of those
persons who the Mississippi Department of Transportation * * *
is informed and
believes may have or claim to have an interest in the lands and who are parties
to the action;
(b) A description of the entire tract or tracts affected by the taking sufficient for the identification thereof;
(c) A statement of the estate or interest in the land taken for public use; and
(d) The date of institution of the action, the county in which the action is pending, and such other reference thereto as may be necessary for the identification of the action.
SECTION 73. Section 65-1-307, Mississippi Code of 1972, is amended as follows:
65-1-307. (1) The person named in the complaint and declaration of taking may apply to the court for disbursement of the money deposited in the court, or any part thereof, as full compensation, or as a credit against just compensation without prejudice to further proceedings in the cause to determine just compensation. Upon such application, the judge, unless there is a dispute as to title, shall order that the money deposited be paid forthwith to the person entitled thereto in accordance with the application. The judge shall have power to make such orders with respect to encumbrances, liens, rents, taxes, assessments, insurance and other charges, if any, as shall be just and equitable.
(2) No notice to the Mississippi
Department of Transportation * * * of the hearing upon the application
for disbursement of deposit shall be necessary, but a copy of the order
disbursing the deposit shall be served upon the * * * Commissioner
of Transportation, or such other process agents as may be designated by the
Mississippi Department of Transportation * * *.
SECTION 74. Section 65-1-345, Mississippi Code of 1972, is amended as follows:
65-1-345. The provisions of
this article shall not be considered as amending or repealing any other
provisions of law that prescribe a procedure for the acquisition of property
through eminent domain or condemnation proceedings but shall be considered as a
method and procedure that may be employed by the * * * Mississippi
Department of Transportation as an alternative to any eminent domain or
condemnation proceedings as are otherwise prescribed by law.
SECTION 75. Section 65-1-501, Mississippi Code of 1972, is amended as follows:
65-1-501. It is the intent
of the Legislature to promote and provide services economically and to
streamline the process for the weighing of vehicles, the issuance of permits,
the collections of taxes, fees, and assessments and for the enforcement of the
laws of this state, and rules and regulations promulgated by the Mississippi Department
of Transportation * * * and the laws of the contiguous states and their appropriate agencies
and departments, by authorizing the Mississippi Department of
Transportation * * * to enter into bilateral agreements with contiguous states through
their appropriate officials, departments or agencies, to jointly locate,
construct, staff and operate permanent and portable weight scales or ports of
entry and for the enforcement of the laws of this state and the rules and
regulations of the Mississippi Department of Transportation * * *, and the laws of such contiguous
states and its agencies and departments.
SECTION 76. Section 65-1-503, Mississippi Code of 1972, is amended as follows:
65-1-503. The Mississippi Department
of Transportation * * * may negotiate and enter into interstate agreements with contiguous
states through their appropriate officials, departments or agencies, to jointly
provide for the location, construction, staffing and operation of portable or
permanent scales for the weighing of vehicles and trailers, for the issuance of
permits, for the collection of fees, taxes, and assessments, and for the
enforcement of the laws of this state and the rules and regulations of the
Mississippi Department of Transportation * * *, and the laws of such contiguous
states and the rules and regulations of its appropriate agencies or
departments.
SECTION 77. Section 65-1-505, Mississippi Code of 1972, is amended as follows:
65-1-505. The interstate
agreement may authorize employees of either state to weigh machinery, vehicles,
trailers and other equipment under the jurisdiction of the Mississippi Department
of Transportation * * *, issue permits, collect fees, taxes, interests and
penalties imposed by the laws, rules or regulations of either state or its
agencies and departments, enforce the laws of either state and the rules and
regulations of the Mississippi Department of Transportation * * *
and the appropriate
agency or department of such contiguous state. All fees, taxes, assessments,
interest and penalties imposed and collected for and on behalf of the State of
Mississippi in a contiguous state or by any employee of a contiguous state
pursuant to an interstate agreement entered into under Sections 65-1-501
through 65-1-513 shall be collected, paid and distributed to the Mississippi Department
of Transportation * * * or other appropriate agency of this state as otherwise provided by
law for the collection, payment and distribution of such fees, taxes,
assessments, interest and penalties in this state.
SECTION 78. Section 65-1-507, Mississippi Code of 1972, is amended as follows:
65-1-507. The Mississippi Department
of Transportation * * * may appoint employees of the contiguous states as duly authorized
and empowered enforcement officers of the * * * department
for the enforcement of tax, weight, size and load, equipment, safety and all
other laws, rules and regulations of this state and the * * *
department
relating to vehicles entering into, exiting, or traveling upon the highways of
this state, and may allow employees of the * * * department
to accept similar positions or appointments with any contiguous state or the
appropriate agency or department of such state and to enforce the rules,
regulations and laws of such state or its agencies or departments.
SECTION 79. Section 65-1-509, Mississippi Code of 1972, is amended as follows:
65-1-509. Any employee of a
contiguous state which enters into an interstate agreement under the authority
of Sections 65-1-501 through 65-1-513 shall not become an employee of this
state or of the Mississippi Department of Transportation * * *, and shall not be compensated by
this state or be entitled to any employment benefits either directly or
indirectly from this state or the Mississippi Department of
Transportation * * *.
The State of Mississippi or the Mississippi Department of Transportation * * *
or its officers, agents
or employees shall not be subject to civil or criminal liability for the
actions or inactions of such person.
SECTION 80. Section 65-1-513, Mississippi Code of 1972, is amended as follows:
65-1-513. The Mississippi Department
of Transportation * * * may enact all rules and regulations necessary to implement the
provisions of Sections 65-1-501 through 65-1-513 and the authority granted in
Sections 65-1-501 through 65-1-513 shall be in addition to the powers granted
to the Mississippi Department of Transportation * * * by Section 65-1-8.
SECTION 81. Section 1-1-11, Mississippi Code of 1972, is amended as follows:
1-1-11. (1) Except as provided in subsection (2) of this section, the Joint Committee on Compilation, Revision and Publication of Legislation shall distribute or provide for the distribution of the sets of the compilation of the Mississippi Code of 1972 purchased by the state as follows:
Fifty-seven (57) sets to the Mississippi House of Representatives and forty (40) sets to the Mississippi Senate for the use of the Legislative Reference Bureau, Legislative Services Offices, staffs and committees thereof.
Ten (10) sets to the Governor's Office; nine (9) sets to the Secretary of State; and twenty (20) sets to the Auditor's Office.
One (1) set to each of the
following: the Lieutenant Governor; each member of the Legislature; the
Treasurer; each district attorney; each county attorney; each judge of the
Court of Appeals and each judge of the Supreme, circuit, chancery, county,
family, justice and municipal courts; each Mississippi Senator and Mississippi
Representative in Congress; State Superintendent of Education; Director of the
Department of Finance and Administration; six (6) sets to the Performance
Evaluation and Expenditure Review (PEER) Committee; three (3) sets to the
Director of the Legislative Budget Office; the Commissioner of Agriculture and
Commerce; * * * the
Mississippi Transportation Commissioner; six (6) sets to the Department of
Corrections; the Insurance Commissioner; the Clerk of the Supreme Court; the
State Board of Health; each circuit clerk; each chancery clerk in the state for
the use of the chancery clerk and the board of supervisors; each sheriff in the
state for the use of his office and the county officers; and each county for
the county library (and an additional set shall be given to each circuit clerk,
chancery clerk, sheriff and county library in counties having two (2) judicial
districts).
Two (2) sets to the Department of Archives and History; two (2) sets to the State Soil and Water Conservation Commission; sixty-eight (68) sets to the Attorney General's office; six (6) sets to the Public Service Commission; four (4) sets to the Public Utilities Staff; thirty-five (35) sets to the Department of Revenue; one (1) set to the Board of Tax Appeals; two (2) sets to the State Personnel Board; six (6) sets to the State Law Library; one (1) set to the Library of Congress; ten (10) sets to the University of Mississippi Law School; one (1) set each to the Mississippi School for the Deaf and the Mississippi School for the Blind; one (1) set each to the University of Mississippi, Mississippi State University, Mississippi University for Women, University of Southern Mississippi, Delta State University, Alcorn State University, Jackson State University, Mississippi Valley State University, and the Board of Trustees of State Institutions of Higher Learning; and one (1) set to the Supreme Court judges' conference room. In furtherance of the State Library's reciprocal program of code exchange with libraries of the several states, the joint committee shall, at the direction and only upon the written request of the State Librarian, distribute or provide for the distribution of sets of the code to such libraries.
One (1) set to each state junior or community college; three (3) sets to the Department of Wildlife, Fisheries and Parks; two (2) sets to the Department of Environmental Quality; two (2) sets to the Department of Marine Resources; two (2) sets to the Mississippi Ethics Commission; six (6) sets to the Mississippi Workers' Compensation Commission; four (4) sets to the State Department of Rehabilitation Services; and seven (7) sets to the Department of Human Services. One (1) set to each of the following: State Textbook Procurement Commission; University Medical Center; State Library Commission; Department of Agriculture and Commerce; Forestry Commission; and seventeen (17) sets to the Department of Public Safety. Also, one (1) set to each of the following: Adjutant General, Mississippi Development Authority, Department of Banking and Consumer Finance, Bureau of Building, Grounds and Real Property Management, the State Educational Finance Commission, the Mississippi Board of Vocational and Technical Education, Division of Medicaid, State Board of Mental Health, and Department of Youth Services.
The joint committee is authorized to distribute or provide for the distribution of additional sets of the Mississippi Code, not to exceed three (3) sets, to the office of each district attorney for the use of his assistants.
The joint committee shall provide to the Mississippi House of Representatives and the Mississippi Senate the annual supplements to the Mississippi Code of 1972 for each set of the code maintained by the House and Senate.
The set of the Mississippi Code of 1972 to be provided to each member of the Legislature shall be provided unless specifically waived by such legislator in writing.
An elected or appointed officeholder in the State of Mississippi, except for a member of the Legislature, shall deliver to his successor in office, or to the joint committee if there is no successor, the set of the Mississippi Code of 1972 provided the officeholder under this section.
Before the joint committee delivers or provides for delivery of a copy of the Mississippi Code of 1972 to an individual officeholder, the joint committee shall prepare and submit a written agreement to the officeholder. The agreement shall, among other provisions, state that the code is the property of the State of Mississippi, that it shall be transferred to the officeholder's successor in office, that the officeholder has an obligation to make such transfer and that the officeholder shall be responsible for the failure to deliver the code and for any damage or destruction to the code, normal wear and tear excepted. The joint committee shall execute the agreement and forward it to the officeholder for execution. The joint committee shall not deliver or provide for delivery of the code to the officeholder until the executed agreement is received by the committee. The joint committee may include in the agreement such other provisions as it may deem reasonable and necessary. In addition to damages or any other remedy for not transferring a set of the code to his successor, an officeholder who does not transfer his set of the code shall be guilty of a misdemeanor and shall, upon conviction, pay a fine of One Thousand Dollars ($1,000.00). Upon request of the joint committee, the Attorney General shall assist the joint committee in taking such actions as necessary to require an officeholder to transfer the set of code provided under this section to his successor, or to the joint committee if there is no successor, and to recover reimbursement or damages from any officeholder for the loss of or damage or destruction to any volumes of the set of the code provided under this section, other than normal wear and tear.
Replacement of missing, damaged or destroyed sets or volumes of the code provided by this chapter may be obtained from the code publisher through the joint committee at the established state cost, the cost to be borne by the recipient.
No more than one (1) set of the Mississippi Code of 1972 shall be furnished to any one (1) individual, regardless of the office or offices he may hold.
(2) (a) The joint committee, in its discretion, may determine whether electronic access to the Mississippi Code of 1972 is available and a sufficient substitute for actual bound volumes of the code and, if so, may omit furnishing any one or more sets otherwise required by this section.
(b) Each elected state official, elected state district official and member of the Legislature shall receive a CD-ROM version of the Mississippi Code of 1972 in lieu of bound volumes of the Mississippi Code of 1972 unless the official or member of the Legislature makes a request in writing to the Joint Committee on Compilation, Revision and Publication of Legislation that he receive bound volumes of the Mississippi Code of 1972.
SECTION 82. Section 7-5-13, Mississippi Code of 1972, is amended as follows:
7-5-13. The Attorney General
may, with the approval of the Chief Justice of the Supreme Court, appoint not
more than two (2) competent attorneys, the number to be appointed to be fixed
by the * * * Commissioner of Transportation, each of whom shall
be designated assistant Attorney General, who shall be assigned specifically to
the handling of the legal affairs of the * * * Mississippi
Department of Transportation. Said assistants shall possess all of the
qualifications required by law of the Attorney General, shall have power and
authority under the direction and supervision of the Attorney General to
perform all the duties required of that office, and shall be liable to all the
pains and penalties to which the Attorney General is liable. The Attorney
General may discharge any such assistant at his pleasure and appoint another in
his stead. The Attorney General shall fix the annual salary of each of the
additional assistant attorneys general appointed under the provisions hereof at
such sum as he may deem proper, not to exceed the maximum annual salary fixed
by law for assistant attorneys general, said salary to be paid monthly from
funds of the * * * Mississippi Department of Transportation.
The assistant attorneys general shall devote their entire time and attention to
the duties pertaining to the Department of Justice and the legal affairs of the * * *
Mississippi
Department of Transportation under the control and direction of the Attorney
General.
SECTION 83. Section 7-5-25, Mississippi Code of 1972, is amended as follows:
7-5-25. The Attorney
General shall give his opinion in writing, without fee, to the Legislature, or
either house or any committee thereof, and to the Governor, the Secretary of
State, the Auditor of Public Accounts, the State Treasurer, the Superintendent
of Public Education, the Insurance Commissioner, the Commissioner of
Agriculture and Commerce, the State Geologist, the State Librarian, the
Director of Archives and History, the Adjutant General, the State Board of
Health, the Commissioner of Corrections, the Public Service Commission,
Chairman of the State Tax Commission, the State Forestry Commission, the * * *
Commissioner of
Transportation, and any other state officer, department or commission
operating under the law, or which may be hereafter created; the trustees and
heads of any state institution, the trustees and heads of the universities and
the state colleges, the district attorneys, the boards of supervisors of the
several counties, the sheriffs, the chancery clerks, the circuit clerks, the
superintendents of education, the tax assessors, county surveyors, the county
attorneys, the attorneys for the boards of supervisors, mayor or council or
board of aldermen of any municipality of this state, and all other county
officers (and no others), when requested in writing, upon any question of law
relating to their respective offices.
When any officer, board, commission, department or person authorized by this section to require such written opinion of the Attorney General shall have done so and shall have stated all the facts to govern such opinion, and the Attorney General has prepared and delivered a legal opinion with reference thereto, there shall be no liability, civil or criminal, accruing to or against any such officer, board, commission, department or person who, in good faith, follows the direction of such opinion and acts in accordance therewith unless a court of competent jurisdiction, after a full hearing, shall judicially declare that such opinion is manifestly wrong and without any substantial support. However, if a court of competent jurisdiction makes such a judicial declaration about a written opinion of the Attorney General that applies to acts or omissions of any licensee to which Section 63-19-57, 75-67-137 or 75-67-245 applies, and the licensee has acted in conformity with that written opinion, the liability of the licensee shall be governed by Section 63-19-57, 75-67-137 or 75-67-245, as the case may be. No opinion shall be given or considered if the opinion is given after suit is filed or prosecution begun.
SECTION 84. Section 7-5-59, Mississippi Code of 1972, is amended as follows:
7-5-59. (1) The following terms shall have the meanings ascribed to them herein unless the context requires otherwise:
(a) "Computer crimes" means those crimes defined in Chapter 45 of Title 97 and sex offenses involving a computer affecting children as defined in Chapter 5 of Title 97.
(b) "White-collar crime and official corruption" includes crimes chargeable under the following provisions of law:
(i) Paragraphs (b) and (c) of Section 7-5-59(4), which relates to obstruction of white-collar crime investigations.
(ii) Section 97-7-10, which relates to the defrauding of state and local governments.
(iii) Section 97-19-73, which relates to fraud by mail, wire, radio or television.
(iv) Section 97-9-10, which relates to commercial bribery.
(v) Section 97-45-3, which relates to computer fraud.
(vi) Sections 97-11-25 through 97-11-31, which relate to embezzlement by public officials.
(vii) Section 97-11-33, which relates to extortion by public officials.
(viii) Sections 97-19-5 through 97-19-31, which relate to unlawful procurement or use of credit cards.
(ix) Sections 97-23-1 and 97-23-3, which relate to false, misleading or deceptive advertising.
(x) Sections 97-15-3
and 97-15-5, which relate to bribery of members and employees of the * * *
Mississippi
Department of Transportation and the defrauding of the state by * * *
Mississippi
Department of Transportation members, employees or highway contractors.
(xi) Section 97-9-5, which relates to bribery of jurors.
(xii) Sections 97-11-11, 97-11-13 and 97-11-53, which relate to acceptance of bribes by public officials and bribery of public officials.
(xiii) Sections 97-13-1 and 97-13-3, which relate to bribery of electors or election officials.
(xiv) Sections 97-23-19 through 97-23-27, which relate to embezzlement.
(c) "White-collar crime investigations" means an investigation into any illegal act or acts defined as white-collar crime.
(d) "Computer crimes investigations" means an investigation into any illegal act or acts defined as computer crime.
(e) "Person" means and includes not only an individual, but also a partnership, corporation, professional firm, nonprofit organization or other business entity.
(2) The Attorney General is hereby authorized to conduct official corruption investigations and such other white-collar crime investigations and computer crime investigations that are of statewide interest or which are in the protection of public rights.
(3) (a) In conducting white-collar crime and computer crime investigations, the Attorney General shall have the authority to issue and serve subpoenas to any person in control of any designated documents for the production of such documents, including, but not limited to, writings, drawings, graphs, charts, photographs, phono-records, subscriber records and other data compilations from which information can be obtained, or translated through detection devices into reasonably usable form. Such subpoenas shall require the named person, his agent or attorney, to appear and deliver the designated documents to a location in the county of his residence unless the court for good cause shown directs that the subpoena be issued for the person to deliver such documents to a location outside of the county of his residence. Mere convenience of the Attorney General shall not be considered good cause. The Attorney General or his designee shall have the authority to inspect and copy such documents. Such subpoenas shall be issued only upon the ex parte and in camera application of the Attorney General to the circuit or chancery court of the county of residence of the person in control of the documents or the circuit or chancery court of the county where the person in control of the documents may be found, and only upon a showing that the documents sought are relevant to a criminal investigation under this act or may lead to the discovery of such relevant evidence. Thereafter said court shall have jurisdiction to enforce or quash such subpoenas and to enter appropriate orders thereon, and nothing contained in this section shall affect the right of a person to assert a claim that the information sought is privileged by law.
(b) A subpoena issued pursuant to this subsection shall be in substantially the following form:
"SUBPOENA TO PRODUCE DOCUMENTS PURSUANT TO AN
INVESTIGATION BY THE ATTORNEY GENERAL
TO:
YOU ARE HEREBY COMMANDED to appear before the Attorney General of the State of Mississippi or his designated staff attorney at the place, date and time specified below in an investigation being conducted by the Attorney General pursuant to Section 7-5-59, Mississippi Code of 1972:
Place ____________________ Date and Time ____________________
YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s).
________________________________________________________
You are advised that the _______ Court of the ________ Judicial District of _____________ County, Mississippi, has approved the ex parte and in camera application of the Attorney General to issue this subpoena, and jurisdiction to enforce and/or quash the subpoena and to enter appropriate orders thereon is statutorily vested in the said court; enforcement and penal provisions applicable to an Attorney General's investigation include those set forth in Section 7-5-59(4), Mississippi Code of 1972; and disclosure of testimony and/or records coming into possession of the Attorney General pursuant to this subpoena shall be limited by and subject to the provisions of Section 7-5-59(6), Mississippi Code of 1972, (for informational purposes, these cited statutes are reproduced on the reverse side of this subpoena).
You may wish to consult an attorney in regard to this subpoena. You have certain state and federal constitutional rights, including your protection against self-incrimination and unreasonable search and seizure which this subpoena may affect.
ISSUED BY AND UNDER SEAL OF THE ATTORNEY GENERAL OF THE STATE OF MISSISSIPPI, this the ____ day of _____________, 20___.
(SEAL) _____________________________"
(c) Following service of any subpoena, pursuant to the provisions of this subsection, a record of the return shall be made and kept by the Attorney General and subject only to such disclosure as may be authorized pursuant to the provisions of this section.
(4) Enforcement and penal provisions applicable to an investigation under this section shall include the following:
(a) If a person who has been served with a subpoena, which has been issued and served upon him in accordance with the provisions of this section, shall fail to deliver or have delivered the designated documents at the time and place required in the subpoena, on application of the Attorney General the circuit or chancery court having approved the issuance of the subpoena may issue an attachment for such person, returnable immediately, or at such time and place as the court may direct. Bond may be required and fine imposed and proceedings had thereon as in the case of a subpoenaed witness who fails to appear in circuit or chancery court.
(b) Every person who shall knowingly and willfully obstruct, interfere with or impede an investigation under this section by concealing or destroying any documents, papers or other tangible evidence which are relevant to an investigation under this section shall be guilty of a felony and, upon conviction, shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than five (5) years, or by both such fine and imprisonment.
(c) Every person who shall knowingly and willfully endeavor, by means of bribery, force or intimidation, to obstruct, delay or prevent the communication of information to any agent or employee of the Office of the Attorney General or who injures another person for the purpose of preventing the communication of such information or an account of the giving of such information relevant to an investigation under this section shall be guilty of a felony and, upon conviction, shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than five (5) years, or by both such fine and imprisonment.
(d) The provisions of paragraphs (a), (b) and (c) of this subsection shall not prohibit the enforcement of, or prosecution under, any other statutes of this state.
(5) (a) If any person shall refuse, or is likely to refuse, on the basis of his privilege against self-incrimination, produce the designated documents as requested by a subpoena issued under this section or issued by a court, the Attorney General may request the court, ex parte and in camera, to issue an order requiring such person to produce the documents information which he refuses to give or provide on the basis of his privilege against self-incrimination. The Attorney General may request said order under this subsection when, in his judgment:
(i) The documents sought from such individual may be necessary to the public interest; and
(ii) Such individual has refused or is likely to refuse to produce the designated document on the basis of his privilege against self-incrimination.
Following such request, an order shall issue in accordance with this section requiring such person to produce the documents which he refuses to produce on the basis of his privilege against self-incrimination.
(b) Whenever a witness refuses, on the basis of his privilege against self-incrimination, to produce documents, and the court issues to the witness an order under paragraph (a) of this subsection, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination, but no documents or information compelled under the aforesaid order, or any information directly or indirectly derived from such documents may be used against the witness in any criminal proceeding, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order.
(6) Documents in the possession of the Attorney General gathered pursuant to the provisions of this section and subpoenas issued by him shall be maintained in confidential files with access limited to prosecutorial and other law enforcement investigative personnel on a "need-to-know" basis and shall be exempt from the provisions of the Mississippi Public Records Act of 1983, except that upon the filing of an indictment or information, or upon the filing of an action for recovery of property, funds or fines, such documents shall be subject to such disclosure as may be required pursuant to the applicable statutes or court rules governing the trial of any such judicial proceeding.
(7) No person, including the Attorney General, a member of his staff, prosecuting attorney, law enforcement officer, witness, court reporter, attorney or other person, shall disclose to an unauthorized person documents, including subpoenas issued and served, gathered by the Attorney General pursuant to the provisions of this section, except that upon the filing of an indictment or information, or upon the filing of an action for recovery of property, funds or fines, or in other legal proceedings, such documents shall be subject to such disclosure as may be required pursuant to applicable statutes and court rules governing the trial of any such judicial proceeding. In event of an unauthorized disclosure of any such documents gathered by the Attorney General pursuant to the provisions of this section, the person making any such unauthorized disclosure shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment of not more than six (6) months, or by both such fine and imprisonment.
(8) The powers of the Attorney General under this section shall not diminish the powers of local authorities to investigate or prosecute any type of white-collar crime violation, computer crime violation or any other criminal conduct within their respective jurisdictions, and the provisions of this section shall be in addition to the powers and authority previously granted the Attorney General by common, constitutional, statutory or case law.
(9) No person, agent or employee upon whom a subpoena is served pursuant to this section shall disclose the existence of the investigation to any person unless such disclosure is necessary for compliance with the subpoena. Any person who willfully violates this subsection shall be guilty of a misdemeanor and may be confined in the county jail for a period not to exceed one (1) year or fined not more than Ten Thousand Dollars ($10,000.00), or both.
SECTION 85. Section 11-27-81, Mississippi Code of 1972, is amended as follows:
11-27-81. The right of immediate possession pursuant to Sections 11-27-81 through 11-27-89, Mississippi Code of 1972, may be exercised only:
(a) By the * * *
Mississippi
Department of Transportation for the acquisition of highway rights-of-way
only;
(b) By any county or
municipality for the purpose of acquiring rights-of-way to connect existing
roads and streets to highways constructed or to be constructed by the * * * Mississippi
Department of Transportation;
(c) By any county or municipality for the purpose of acquiring rights-of-way for widening existing roads and streets of such county or municipality; provided, however, that said rights-of-way shall not displace a property owner from his dwelling or place of business;
(d) By the boards of supervisors of any county of this state for the acquisition of highway or road rights-of-way in connection with a state-aid project designated and approved in accordance with Sections 65-9-1 through 65-9-31, Mississippi Code of 1972;
(e) By the Mississippi Wayport Authority for the purposes of acquiring land and easements for the Southeastern United States Wayport Project as authorized by Sections 61-4-1 through 61-4-13, Mississippi Code of 1972;
(f) By any county, municipality or county utility authority created under the Mississippi Gulf Region Utility Act, Section 49-17-701 et seq., for the purpose of acquiring rights-of-way for water, sewer, drainage and other public utility purposes; provided, however, that such acquisition shall not displace a property owner from his dwelling or place of business. A county utility authority should prioritize utilizing easements within ten (10) feet of an existing right-of-way when economically feasible. A county utility authority may not exercise the right to immediate possession under this paragraph after July 1, 2013. Provisions of this paragraph (f) shall not apply to House District 109;
(g) By any county authorized to exercise the power of eminent domain under Section 19-7-41 for the purpose of acquiring land for construction of a federal correctional facility or other federal penal institution;
(h) By the Mississippi Major Economic Impact Authority for the purpose of acquiring land, property and rights-of-way for a project as defined in Section 57-75-5(f)(iv)1 or any facility related to the project as provided in Section 57-75-11(e)(ii);
(i) By the boards of supervisors of any county of this state for the purpose of constructing dams or low-water control structures on lakes or bodies of water under the provisions of Section 19-5-92;
(j) By the board of supervisors of any county of this state for the purpose of acquiring land, property and/or rights-of-way for any project the board of supervisors, by a duly adopted resolution, determines to be related to a project as defined in Section 57-75-5(f)(iv). The board of supervisors of a county may not exercise the right to immediate possession under this paragraph (j) after July 1, 2003;
(k) By a regional economic development alliance created under Section 57-64-1 et seq., for the purpose of acquiring land, property and/or rights-of-way within the project area and necessary for any project such an alliance, by a duly adopted resolution, determines to be related to a project as defined in Section 57-75-5(f)(xxi). An alliance may not exercise the right to immediate possession under this paragraph (k) after July 1, 2012; or
(l) By the board of supervisors of any county of this state for the purpose of acquiring or clearing title to real property, property and/or rights-of-way within the project site and necessary for any project such board of supervisors, by a duly adopted resolution, determines to be related to a project as defined in Section 57-75-5(f)(xxii). A county may not exercise the right to immediate possession under this paragraph (l) after July 1, 2012.
SECTION 86. Section 11-27-91, Mississippi Code of 1972, is amended as follows:
11-27-91. The * * * Mississippi
Department of Transportation is hereby authorized to set up and maintain
such special funds and accounts as it may consider necessary and proper to make
the deposits and pay the costs as authorized by Sections 11-27-81 through 11-27-89,
and to pay such judgments as may be entered and such other costs as may be
incidental to the acquisition of property for right-of-way purposes.
Disbursement from such special funds shall be by check properly drawn against
said fund signed by such personnel as may be duly authorized by the * * * Mississippi
Department of Transportation.
SECTION 87. Section 11-46-9, Mississippi Code of 1972, is amended as follows:
11-46-9. (1) A governmental entity and its employees acting within the course and scope of their employment or duties shall not be liable for any claim:
(a) Arising out of a legislative or judicial action or inaction, or administrative action or inaction of a legislative or judicial nature;
(b) Arising out of any act or omission of an employee of a governmental entity exercising ordinary care in reliance upon, or in the execution or performance of, or in the failure to execute or perform, a statute, ordinance or regulation, whether or not the statute, ordinance or regulation be valid;
(c) Arising out of any act or omission of an employee of a governmental entity engaged in the performance or execution of duties or activities relating to police or fire protection unless the employee acted in reckless disregard of the safety and well-being of any person not engaged in criminal activity at the time of injury;
(d) Based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a governmental entity or employee thereof, whether or not the discretion be abused;
(e) Arising out of an injury caused by adopting or failing to adopt a statute, ordinance or regulation;
(f) Which is limited or barred by the provisions of any other law;
(g) Arising out of the exercise of discretion in determining whether or not to seek or provide the resources necessary for the purchase of equipment, the construction or maintenance of facilities, the hiring of personnel and, in general, the provision of adequate governmental services;
(h) Arising out of the issuance, denial, suspension or revocation of, or the failure or refusal to issue, deny, suspend or revoke any privilege, ticket, pass, permit, license, certificate, approval, order or similar authorization where the governmental entity or its employee is authorized by law to determine whether or not such authorization should be issued, denied, suspended or revoked unless such issuance, denial, suspension or revocation, or failure or refusal thereof, is of a malicious or arbitrary and capricious nature;
(i) Arising out of the assessment or collection of any tax or fee;
(j) Arising out of the detention of any goods or merchandise by any law enforcement officer, unless such detention is of a malicious or arbitrary and capricious nature;
(k) Arising out of the imposition or establishment of a quarantine, whether such quarantine relates to persons or property;
(l) Of any claimant who is an employee of a governmental entity and whose injury is covered by the Workers' Compensation Law of this state by benefits furnished by the governmental entity by which he is employed;
(m) Of any claimant who at the time the claim arises is an inmate of any detention center, jail, workhouse, penal farm, penitentiary or other such institution, regardless of whether such claimant is or is not an inmate of any detention center, jail, workhouse, penal farm, penitentiary or other such institution when the claim is filed;
(n) Arising out of any work performed by a person convicted of a crime when the work is performed pursuant to any sentence or order of any court or pursuant to laws of the State of Mississippi authorizing or requiring such work;
(o) Under circumstances where liability has been or is hereafter assumed by the United States, to the extent of such assumption of liability, including, but not limited to, any claim based on activities of the Mississippi National Guard when such claim is cognizable under the National Guard Tort Claims Act of the United States, 32 USCS 715 (32 USCS 715), or when such claim accrues as a result of active federal service or state service at the call of the Governor for quelling riots and civil disturbances;
(p) Arising out of a plan or design for construction or improvements to public property, including, but not limited to, public buildings, highways, roads, streets, bridges, levees, dikes, dams, impoundments, drainage channels, diversion channels, harbors, ports, wharfs or docks, where such plan or design has been approved in advance of the construction or improvement by the legislative body or governing authority of a governmental entity or by some other body or administrative agency, exercising discretion by authority to give such approval, and where such plan or design is in conformity with engineering or design standards in effect at the time of preparation of the plan or design;
(q) Arising out of an injury caused solely by the effect of weather conditions on the use of streets and highways;
(r) Arising out of the lack of adequate personnel or facilities at a state hospital or state corrections facility if reasonable use of available appropriations has been made to provide such personnel or facilities;
(s) Arising out of loss, damage or destruction of property of a patient or inmate of a state institution;
(t) Arising out of any loss of benefits or compensation due under a program of public assistance or public welfare;
(u) Arising out of or resulting from riots, unlawful assemblies, unlawful public demonstrations, mob violence or civil disturbances;
(v) Arising out of an injury caused by a dangerous condition on property of the governmental entity that was not caused by the negligent or other wrongful conduct of an employee of the governmental entity or of which the governmental entity did not have notice, either actual or constructive, and adequate opportunity to protect or warn against; provided, however, that a governmental entity shall not be liable for the failure to warn of a dangerous condition which is obvious to one exercising due care;
(w) Arising out of the absence, condition, malfunction or removal by third parties of any sign, signal, warning device, illumination device, guardrail or median barrier, unless the absence, condition, malfunction or removal is not corrected by the governmental entity responsible for its maintenance within a reasonable time after actual or constructive notice;
(x) Arising out of the administration of corporal punishment or the taking of any action to maintain control and discipline of students, as defined in Section 37-11-57, by a teacher, assistant teacher, principal or assistant principal of a public school district in the state unless the teacher, assistant teacher, principal or assistant principal acted in bad faith or with malicious purpose or in a manner exhibiting a wanton and willful disregard of human rights or safety; or
(y) Arising out of the
construction, maintenance or operation of any highway, bridge or roadway
project entered into by the Mississippi Department of Transportation * * * or other governmental entity and a
company under the provisions of Section 65-43-1 or 65-43-3, where the act or omission
occurs during the term of any such contract.
(2) A governmental entity shall also not be liable for any claim where the governmental entity:
(a) Is inactive and dormant;
(b) Receives no revenue;
(c) Has no employees; and
(d) Owns no property.
(3) If a governmental entity exempt from liability by subsection (2) becomes active, receives income, hires employees or acquires any property, such governmental entity shall no longer be exempt from liability as provided in subsection (2) and shall be subject to the provisions of this chapter.
SECTION 88. Section 23-15-193, Mississippi Code of 1972, is amended as follows:
23-15-193. At the election
in 1995, and every four (4) years thereafter, there shall be elected a
Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts,
State Treasurer, Attorney General, three (3) public service commissioners, * * *
Commissioner of Insurance, Commissioner of
Agriculture and Commerce, Senators and members of the House of Representatives
in the Legislature, district attorneys for the several districts, clerks of the
circuit and chancery courts of the several counties, as well as sheriffs,
coroners, assessors, surveyors and members of the boards of supervisors,
justice court judges and constables, and all other officers to be elected by
the people at the general state election. All such officers shall hold their
offices for a term of four (4) years, and until their successors are elected
and qualified. The state officers shall be elected in the manner prescribed in
Section 140 of the Constitution.
SECTION 89. Section 23-15-297, Mississippi Code of 1972, is amended as follows:
23-15-297. All candidates upon entering the race for party nominations for office shall first pay to the proper officer as provided for in Section 23-15-299 for each primary election and all independent candidates and special election candidates shall pay to the proper officer as provided for in Section 23-15-299 the following amounts:
(a) Candidates for Governor, One Thousand Dollars ($1,000.00).
(b) Candidates for
Lieutenant Governor, Attorney General, Secretary of State, State Treasurer,
Auditor of Public Accounts, Commissioner of Insurance, Commissioner of
Agriculture and Commerce * * *, State Highway Commissioner and State Public Service
Commissioner, Five Hundred Dollars ($500.00).
(c) Candidates for district attorney, State Senator and State Representative, Two Hundred Fifty Dollars ($250.00).
(d) Candidates for sheriff, chancery clerk, circuit clerk, tax assessor, tax collector, county attorney, county superintendent of education and board of supervisors, One Hundred Dollars ($100.00).
(e) Candidates for county surveyor, county coroner, justice court judge and constable, One Hundred Dollars ($100.00).
(f) Candidates for United States Senator, One Thousand Dollars ($1,000.00).
(g) Candidates for United States Representative, Five Hundred Dollars ($500.00).
SECTION 90. Section 23-15-881, Mississippi Code of 1972, is amended as follows:
23-15-881. It shall be
unlawful for the * * * board of
supervisors of any county or any member of the board of supervisors of such
county, to employ, during the months of May, June, July and August of any year
in which a general primary election is held for the nomination and election of * * *
members of the boards of supervisors,
a greater number of persons to work and maintain the state highways, * * *
or the
public roads, in any supervisors district of the county * * * than the average number
of persons employed for similar purposes in such * * * supervisors district * * * during the months of May,
June, July and August of the three (3) years immediately preceding the year in
which such general primary election is held. It shall be unlawful for the * * * board of supervisors of any county, to expend out of the * * *
road
funds of the county or any supervisors district thereof * * * in the payment of wages
or other compensation for labor performed in working and maintaining the
highways * * * or * * * public roads of any supervisors district of
the county * * * during the months of May, June, July and August of such
election year, a total amount in excess of the average total amount expended
for such labor, in such * * * highway district or supervisors district * * * during the corresponding
four * * *-month
period of the three (3) years immediately preceding.
It shall be the duty of the * * *
board of supervisors of each county * * * to keep sufficient records of
the numbers of employees and expenditures made for labor on the state highways * * *
and * * *
public roads of each
supervisors district, for the months of May, June, July and August of each
year, to show the number of persons employed for such work in * * *
each
supervisors district * * * during said four * * *-month period, and the total
amount expended in the payment of salaries and other compensation to such
employees, so that it may be ascertained, from an examination of such records,
whether or not the provisions of this chapter have been violated.
* * *
SECTION 91. Section 23-15-883, Mississippi Code of 1972, is amended as follows:
23-15-883. The restriction
imposed upon the * * * boards of supervisors of the several
counties in the employment of labor to work and maintain the state highways and
the public roads of the several supervisors' districts of the county, as
provided in Section 23-15-881, shall not apply to road contractors or bridge
contractors engaged in the construction or maintenance of state highways or
county roads under contracts awarded by the * * * board of
supervisors * * * where such contracts shall have been awarded to the
lowest responsible bidder, after legal advertisement, as provided by law; nor
shall the restriction imposed in Section 23-15-881 apply to the labor employed
by such road contractors or bridge contractors in carrying out such contracts.
Nor shall the provisions of this chapter apply to the employment by the * * *
board
of supervisors * * * of extra labor employed to make repairs upon the
state highways or highway bridges, or upon the county roads or bridges, in
cases where such state highways or highway bridges, or such county roads or
bridges, have been damaged or destroyed by severe storms, floods or other
unforeseen disasters.
SECTION 92. Section 23-15-887, Mississippi Code of 1972, is amended as follows:
23-15-887. If any member of
the * * * board of supervisors, or the mayor
or any member of the board of aldermen or other governing authority of any
municipality, shall violate the provisions of this article, he shall be guilty
of a misdemeanor, and upon conviction thereof, shall be punished by a fine of
not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars
($500.00), or by imprisonment in the county jail for a term not to exceed six
(6) months, or by both such fine and imprisonment.
SECTION 93. Section 25-3-31, Mississippi Code of 1972, is amended as follows:
25-3-31. The annual salaries of the following elected state and district officers are fixed as follows:
Governor....................................... $122,160.00
Attorney General............................... 108,960.00
Secretary of State............................. 90,000.00
Commissioner of Insurance...................... 90,000.00
State Treasurer................................ 90,000.00
State Auditor of Public Accounts............... 90,000.00
Commissioner of Agriculture and Commerce....... 90,000.00
* * *
Public Service Commissioners................... 78,000.00
If the person serving as Governor on December 31, 2003, is reelected to the Office of Governor for the term beginning in the year 2004, he may choose not to receive the salary increase authorized by this section, but to receive, instead, an annual salary of One Hundred One Thousand Eight Hundred Dollars ($101,800.00) during his new term of office by filing a written request with the Department of Finance and Administration.
SECTION 94. Section 25-58-21, Mississippi Code of 1972, is amended as follows:
25-58-21. (1) There is established the Mississippi Coordinating Council for Remote Sensing and Geographic Information Systems, hereinafter referred to as the "council." The council shall set and assure enforcement of policies and standards to make it easier for remote sensing and geographic information system users around the state to share information and to facilitate cost-sharing arrangements to reduce the costs of acquiring remote sensing and geographic information system data. The council shall not oversee or regulate the activities of higher education entities where it relates to the fields of teaching or research; however, the council shall be informed of these activities for the purpose of coordinating these higher education activities with other public remote sensing and GIS initiatives to achieve the maximum benefit for the State of Mississippi and its taxpayers. The council's responsibilities include, but are not limited to:
(a) Coordination of remote sensing and geographic information system activities within Mississippi;
(b) Establishing policies and standards to guide Mississippi Department of Information Technology Services (MDITS) in the review and approval of state and local government procurement of both hardware and software development relating to remote sensing and geographic information systems;
(c) Oversight of MDITS' implementation of these responsibilities;
(d) Preparing a plan, with proposed state funding priorities, for Mississippi's remote sensing and geographic information system activities, including development, operation and maintenance of the Mississippi Digital Earth Model;
(e) Oversight of the Mississippi Department of Environmental Quality's development and maintenance of the Mississippi Digital Earth Model, including establishing policies and standards for the procurement of remote sensing and geographic information system data by state and local governmental entities and establishing the order in which the seven (7) core data layers shall be developed;
(f) Designating Mississippi's official representative to the National States Geographic Information Council and to any other national or regional remote sensing or geographical information system organizations on which Mississippi has an official seat;
(g) Establishing and
designating the members of an advisory committee made up of policy level
officials from major state, local, regional and federal agencies, including,
but not limited to, the National Association of Space Administration, the
Mississippi Institute for Forestry Inventory, the Mississippi Department of
Wildlife, Fisheries and Parks, the Mississippi Public Utilities Staff, the
Department of Marine Resources, the county E911 coordinator, the State Health
Officer, the Commissioner of Agriculture and Commerce, the * * * Department of Revenue,
the Council of Consulting Engineers and the Mississippi Band of Choctaw
Indians, as well as members of the private sector;
(h) Creating a staff level technical users committee, in which any public or private sector entity in Mississippi interested in remote sensing and geographic information may be allowed to participate;
(i) Coordinating with
the * * * Department of Revenue to assure that state and
local governmental entities do not have to comply with two (2) sets of requirements
imposed by different organizations.
(2) The Mississippi Coordinating Council for Remote Sensing and Geographic Information Systems will be composed of the following members:
(a) The Executive Director of the Mississippi Department of Environmental Quality;
(b) The Executive Director of the Mississippi Department of Information Technology Services;
(c) The * * *
Commissioner of Transportation;
(d) The Executive Director of the Mississippi Emergency Management Agency;
(e) The Executive Director of the Mississippi Development Authority;
(f) The Secretary of State;
(g) The Executive Director of the Mississippi Forestry Commission;
(h) The Director of the Mississippi State Board of Registered Professional Geologists;
(i) A representative from the Institutions of Higher Learning, appointed by the Commissioner of the Institutions of Higher Learning;
(j) One (1) mayor, serving a municipality, appointed by the Executive Director of the Mississippi Municipal League;
(k) The Executive Director of the Mississippi Municipal League or his designee who will serve as the member;
(l) One (1) county supervisor appointed by the Executive Director of the Mississippi Association of Supervisors;
(m) The Executive Director of the Mississippi Association of Supervisors or his designee who will serve as the member;
(n) A member of the Tax Assessors/Collectors Association or the executive director of the association, to be appointed by the president of that association;
(o) A representative of the Planning and Development Districts, appointed by the Governor;
(p) A Senator, as a nonvoting member, appointed by the Lieutenant Governor;
(q) A Representative, as a nonvoting member, appointed by the Speaker of the House;
(r) A county surveyor who is a member of the Mississippi Association of Professional Surveyors, appointed by the president of the association; and
The members listed in paragraphs (a) through (g) may appoint a designee, but the designee must be the head of an office, bureau, division or branch within the member's agency.
The members of the council shall serve for a term concurrent with their service as an elected or appointed official or concurrent with the term of the appointing official.
The Executive Director of the Department of Environmental Quality shall serve as council chair and the Executive Director of Information Technology Services as vice chair for the first two (2) years. After the first two (2) years, the council shall elect from its members a chair and vice chair, for terms to be specified by the council.
With regard to the designee chosen by the Executive Director of the Mississippi Municipal League or the Executive Director of the Mississippi Association of Supervisors, the designee shall become a permanent member of the council for a term concurrent with the term of the appointing executive director.
(3) At the direction of the
chairman of the council and contingent upon the availability of sufficient
funds, each member may receive reimbursement for reasonable expenses, including
travel expenses in accordance with rates established pursuant to Section 25-3-41,
incurred in attending meetings of the council. Any member of the council who
is also a state employee may not receive per diem compensation for attending
meetings of the * * * council, but may be reimbursed in accordance with
Section 25-3-41 for mileage and actual expenses incurred in the performance of
the duties, if authorized by vote, at a meeting of the council, which action
must be recorded in the official minutes of the meeting. Legislative members
of the council will be paid from the contingent expense funds of their
respective houses in the same amounts as provided for committee meetings when
the Legislature is not in session.
(4) The council may accept money from any source, public or private, to be expended in implementing the duties under this section.
(5) The council may utilize staff employed by the agencies affected by this section and any other assistance made available to it.
SECTION 95. Section 27-19-81, Mississippi Code of 1972, is amended as follows:
27-19-81. (1) No vehicle
shall be registered by the Department of Revenue or by a tax collector, and no
license tag whatsoever shall be issued therefor, where the gross weight of such
vehicle exceeds the limits provided by law. In the event of an emergency
requiring the hauling of a greater gross weight than permitted by law, the
owner or operator of such vehicle shall obtain an excess weight authorization
from the Mississippi Department of Transportation or local authority having
jurisdiction of the particular road, street or highway before operating such
vehicle on the highways of this state to haul such a gross weight over a route
to be designated by the aforesaid department. It shall then be necessary for
the owner or operator of the vehicle to obtain a permit from the Mississippi
Department of Transportation * * *, which shall be issued by the
department under the same provisions as are provided for the issuance of trip
permits under Section 27-19-79, but which permit shall likewise be obtained
prior to the operation of such vehicle on the highways. No persons or agencies
other than the Mississippi Department of Transportation shall have authority to
issue the permits provided for in this section. The fee to be charged for such
permits shall be computed in the same manner provided in Section 27-19-79 for
each one thousand (1,000) pounds, or fractional part thereof, of gross weight
above the licensed capacity of the vehicle, up to the maximum legal weights
provided by this article on the roads to be traveled.
This subsection shall apply, but not be limited to, any tractor, road roller or road machinery used solely and specifically in road building or other highway construction or maintenance work.
For each one thousand
(1,000) pounds, or fractional part thereof, in excess of the weight authorized
by Sections 63-5-29 and 63-5-33 for any such vehicle or in excess of the limits
set by the Mississippi Department of Transportation * * * for specified roads and bridges,
the fee shall be Five Cents (5¢) per one thousand (1,000) pounds, or fractional
part thereof, for each mile traveled upon the highways of the state, except
that the fee for manufactured housing modular units, residential or commercial,
shall be Two Cents (2¢) per one thousand (1,000) pounds, or fractional part
thereof, for each mile traveled upon the highways of the state. Provided,
however, no permit shall be issued for a fee of less than Ten Dollars ($10.00).
The Mississippi
Department of Transportation * * * may provide for an annual permit
which will allow preapproved vehicles and loads to travel predesignated routes
with self-issued permits. Under such self-issuance authority, the owner of the
vehicle shall complete the permit in a format designated by the department,
electronically transmit a copy to the department prior to the move, and ensure
that a copy is in the possession of the operator. Vehicles having a gross
weight exceeding the limits provided by law that have a nondivisible gross
vehicle weight of ninety-five thousand (95,000) pounds or less, which are
otherwise legal, shall not be restricted as to the hours of the day such
vehicles may be operated on predesignated routes. The department shall bill
the vehicle owner according to the provisions of the preceding paragraph. The
department is authorized to modify predesignated routes at any time for cause,
such as highway construction or hazardous highway conditions. The annual fee
for the self-issuance permit authority obtained pursuant to this paragraph
shall be Five Hundred Dollars ($500.00) per owner, regardless of the number of
vehicles which he will operate pursuant to such permit, in addition to any
other fees required by this section. Any vehicle and load being operated
pursuant to this paragraph for which the operator does not have the permit or a
copy thereof in his possession, or for which a copy of the permit was not
electronically transmitted to the department, shall be deemed not to have a
permit and shall be penalized accordingly.
It shall not be necessary for the owner or operator of a vehicle to obtain a permit pursuant to this subsection if such owner or operator has obtained for his vehicle an annual special permit for vehicles transporting heavy equipment pursuant to Section 63-5-52.
(2) Before operating a
vehicle where the size of the load being hauled is in excess of that permitted
by law, the owner or operator of such vehicle shall obtain excess size
authorization from the Mississippi Department of Transportation * * * or proper local authority and an
excess size permit from the Mississippi Department of Transportation * * *. Such excess size permit shall be
issued by the Mississippi Department of Transportation under the same
provisions as are provided for the issuance of trip permits under Section 27-19-79,
and it shall be obtained prior to the operation of such vehicle on the
highways. The fee to be charged for such excess size permit shall be Ten
Dollars ($10.00) per trip. Such permits may be issued for an extended period
of time and must coincide with the expiration date and other provisions of the
carrier's permit or authorization issued by the Mississippi Department of
Transportation * * * or local authority. The fee for such extended permits
shall be based upon an annual fee of One Hundred Dollars ($100.00) per
carrier. No permit shall be issued under this subsection if the issuance of
the permit would violate federal law or would cause the State of Mississippi to
lose federal aid funds. This subsection shall not apply to any tractor, road
roller or road machinery used solely and specifically in road building or other
highway construction or maintenance work or to any machinery or equipment
operated on the highways or transported thereon in the course of normal farming
activities, including cotton module transporters.
(3) The * * *
Commissioner of Transportation may authorize certain carriers of
property to issue overweight and/or oversize permits for vehicles owned or
operated by such carriers * * *, provided such carriers have blanket authorization from the
Transportation Commission and also meet other requirements established by the
Transportation Commission.
(4) The owner or operator of a vehicle hauling sand, gravel, woodchips, wood shavings, sawdust, fill dirt, agricultural products or unprocessed forestry products may apply to the Mississippi Department of Transportation for a harvest permit for the purpose of authorizing any such vehicles to operate on the highways in this state (other than the federal interstate system or those highways designated by the Mississippi Department of Transportation as not capable of carrying more than fifty-seven thousand six hundred fifty (57,650) pounds at the maximum gross weight specified in Section 63-5-33). Harvest permits may be issued and are valid to permit any such vehicle to be operated on a highway in this state that has been designated by the Mississippi Department of Transportation as not capable of carrying more than fifty-seven thousand six hundred fifty (57,650) pounds only if such vehicle operates in compliance with the provisions of Section 63-5-29(3)(b). A fee of Twenty-five Dollars ($25.00) shall be charged for each permit issued. The permit shall be in the form of a decal which shall be affixed to each permitted vehicle on the upper left corner of the windshield on the driver's side. Each permit shall expire one (1) year from its date of issue. The fees collected under this subsection shall be deposited into a special fund that is created in the State Treasury. Monies in the fund shall be allocated and distributed quarterly, beginning September 30, 1994, to each of the counties of the state on an equal basis. Monies distributed to the counties under this subsection shall be deposited in each county's road and bridge fund and may be expended, upon approval of the board of supervisors, for any purpose for which county road and bridge fund monies lawfully may be expended. This subsection (4) shall stand repealed from and after July 1, 2019.
(5) Any owner or operator
who has met the requirements set by the Mississippi Department of
Transportation * * * may defer payment of permits issued by the department
until the end of the current month. If full payment is not received by the
twentieth of the following month, there may be added as damages to the total
amount of the delinquency or deficiency the following percentages: ten percent
(10%) for the first offense; fifteen percent (15%) for the second offense; and
twenty-five percent (25%) for the third and any subsequent offense. Upon the
third offense, the department may suspend the privilege to defer payment. The
balance due shall become payable upon notice and demand by the department.
(6) The permit fee monies collected under this section, except as provided for in subsection (4) of this section, shall be deposited into the State Highway Fund for the construction, maintenance and reconstruction of highways and roads of the State of Mississippi or the payment of interest and principal on bonds authorized by the Legislature for construction and reconstruction of highways.
(7) The department may waive the permits, taxes and fees set forth in this section whenever a motor vehicle is operated upon the public highways in this state in response to an emergency, a major disaster or the threat of a major disaster.
SECTION 96. Section 27-19-89, Mississippi Code of 1972, is amended as follows:
27-19-89. (a) If any nonresident owner or operator or other nonresident person eligible for a temporary permit as provided in Section 27-19-79, who has not elected to register and pay the annual privilege taxes prescribed, shall enter or go upon the public highways of the state and shall fail or refuse to obtain the permit required by Section 27-19-79, such person shall be liable, for the first such offense, for the full amount of the permit fee required, plus a penalty thereon of five hundred percent (500%). For the second and all subsequent offenses, such person who fails or refuses to obtain such permits shall be liable for the pro rata part of the annual tax for the balance of the tag year for the maximum legal gross weight of the vehicle plus a penalty thereon of twenty-five percent (25%). Any weight in excess of the maximum legal gross weight of the vehicle, or in excess of the maximum highway weight limit, shall be penalized according to subsection (c) of this section. In either case the excess weight shall be removed by the operator before the vehicle can be allowed to proceed. In order to constitute a "second or subsequent offense" under the provisions hereof, it shall not be necessary that the same or identical vehicle be involved, it being the declared purpose hereof to provide that such penalties shall run against the owner or operator rather than against the specified vehicle. It is further provided that, in order for such owner or operator to become liable for the penalties herein provided, it shall not be necessary to show that such owner or operator was guilty of willfulness, gross negligence or wantonness, but the offense shall be complete upon the failure or refusal to obtain the required permit.
(b) If any person who has registered his vehicle in Mississippi shall operate such vehicle upon the public highways, having a gross weight greater than the licensed gross weight of such vehicle, and shall fail or refuse to obtain a permit therefor as required by Section 27-19-79, or if any person shall operate any such registered vehicle upon the public highways in a higher classification than that for which it is registered, and shall fail or refuse to obtain a permit therefor as required by Section 27-19-79, then such person shall be liable for the pro rata part of the annual tax for the balance of the tag year for the legal gross weight of such vehicle and in the classification in which same is being operated, plus a penalty thereon of twenty-five percent (25%), after having been given credit for the unexpired part of the privilege tax paid, as provided in Section 27-19-75. In order that such owner or operator shall become liable for the penalties herein provided, it shall not be necessary to show that such owner or operator was guilty of willfulness, gross negligence or wantonness, but the offense shall be complete upon the failure or refusal to obtain the required permit.
(c) If any person shall operate upon a highway of this state a vehicle which has a greater vehicle gross weight than the maximum gross weight limit established by law for that highway and shall have failed to obtain an overload permit as required by Section 27-19-81, or if any person shall operate a vehicle with a greater load on any axle or axle grouping than allowed by law, then such person, owner or operator shall be assessed a penalty on such axle load weight or vehicle gross weight as exceeds the legal limit in accordance with the following schedule:
AMOUNT IN EXCESS OF
LEGAL HIGHWAY WEIGHT
LIMITS IN POUNDS PENALTY
1 to 999 $10.00 minimum penalty
1,000 to 1,999 1¢ per pound in excess of legal limit
2,000 to 2,999 2¢ per pound in excess of legal limit
3,000 to 3,999 3¢ per pound in excess of legal limit
4,000 to 4,999 4¢ per pound in excess of legal limit
5,000 to 5,999 5¢ per pound in excess of legal limit
6,000 to 6,999 6¢ per pound in excess of legal limit
7,000 to 7,999 7¢ per pound in excess of legal limit
8,000 to 8,999 8¢ per pound in excess of legal limit
9,000 to 9,999 9¢ per pound in excess of legal limit
10,000 to 10,999 10¢ per pound in excess of legal limit
11,000 or more 11¢ per pound in excess of legal limit
Any vehicle in violation of the tolerance allowed pursuant to Section 63-5-33(3) shall be fined pursuant to this subsection (c) for all weight in excess of the legal highway gross weight limit authorized for such vehicle or for all weight in excess of the legal tandem axle load weight limit of forty thousand (40,000) pounds and the legal single axle load limit of twenty thousand (20,000) pounds, whichever the case may be.
The penalty to be assessed for operations of a vehicle with a greater load on any axle or axle grouping than the legal axle load weight limits shall be one-half (1/2) the penalty for operation in excess of the legal gross weight limit.
In instances where both the legal highway gross weight limit and the legal axle load weight limit(s) are exceeded, the fine that shall be levied shall be either the penalty amount for the excess vehicle gross weight or the total of the penalty amounts of all overloaded axles, whichever is the larger amount.
Notwithstanding any other provisions of this section to the contrary, the fine assessed against the holder of a harvest permit for exceeding a gross vehicle weight of eighty-four thousand (84,000) pounds shall be Five Cents (5¢) per pound and Fifteen Cents (15¢) per pound for exceeding a gross vehicle weight of one hundred thousand (100,000) pounds.
Notwithstanding any other
provision of this subsection (c) to the contrary, upon an appeal to the Appeals
Board of the Mississippi Department of Transportation * * *
by an owner or operator
of a vehicle hauling without a harvest permit any of the products or materials
described in subsection (3) of Section 63-5-33 and upon whom a penalty has been
assessed under this subsection (c) for exceeding the legal weight limit(s) on a
highway having a legal weight limit of eighty thousand (80,000) pounds or less,
the appeals board shall reduce the penalty assessed against such owner/operator
to an amount not to exceed ten percent (10%) of the amount which would
otherwise be due without the reduction authorized under this paragraph. A
reduction shall not be authorized under this paragraph if the gross weight of
the vehicle for which an owner/operator has been charged with a violation of
this section exceeds eighty-four thousand (84,000) pounds; and, in any event,
no reduction shall be authorized under this paragraph unless a penalty assessed
under this section is appealed to the appeals board and unless the board
determines, based upon its records, that such owner/operator has not been
granted a penalty reduction under this paragraph within a period of twelve (12)
months immediately preceding the date of filing an appeal with the board for a
penalty reduction under this paragraph.
(d) If any nonresident
owner or operator who has not registered his vehicle and paid the annual
privilege taxes prescribed shall operate his vehicle upon the highways of this
state when such vehicle has a greater gross weight than permitted by law for
the highway traveled upon, and for which such excess gross weight a permit was
not or could not be procured from the * * * Mississippi
Department of Transportation as required by Section 27-19-81, such person
shall be liable upon his second and all subsequent offenses for the pro rata
part of the annual tax for the balance of the tag year for the legal gross
weight of the vehicle, and in addition thereto the penalty fee on the excess
weight as specified in subsection (c) of this section. In order that such
owner or operator shall become liable for the penalties herein provided, it
shall not be necessary that the same or identical vehicle be involved, it being
the declared purpose hereof to provide that such penalties shall run against
the owner or operator rather than against the specific vehicle.
(e) All fines and penalties imposed and collected by the Mississippi Department of Transportation for violations of the maximum legal vehicle weight limits authorized on the highways of this state shall be deposited into a special fund that is created in the State Treasury. Monies in the fund shall be allocated and distributed quarterly, beginning September 30, 1994, to each county of the state based on the amount of such fines and penalties imposed and collected in the county during the immediately preceding three (3) months. Monies distributed to the counties under this subsection shall be deposited in each county's road and bridge fund and may be expended, upon approval of the board of supervisors, for any purpose for which county road and bridge fund monies lawfully may be expended.
SECTION 97. Section 27-19-93, Mississippi Code of 1972, is amended as follows:
27-19-93. (a) All
contract, common, private commercial, and private carriers of property, and all
common and contract carriers of passengers, who shall enter or come into the
State of Mississippi upon any highway upon which there has been established an
inspection station, as provided for in Sections 27-5-71 and 27-5-73, shall stop
at such station and submit to inspection in order that the agents or
representatives of the Mississippi Department of Transportation on duty at such
station may determine whether or not such vehicle is liable for the Mississippi
motor vehicle privilege license tax or permit fees, and whether or not such
vehicle is properly licensed in this state. Upon demand therefor, the driver
or operator of such vehicle shall exhibit, for the inspection of such
representatives or agents, the manifest or bill of lading required to be
carried by Section 27-19-91 of this article, if the vehicle be one that is
required to carry such a manifest or bill of lading. The Mississippi Department
of Transportation * * *, however, shall have authority to exempt from the
requirement to stop at inspection stations carriers who have been pre-approved
based upon criteria established by the state or the appropriate state agency or
agencies.
(b) If the vehicle is not licensed in Mississippi and is subject to motor vehicle privilege license taxation or permit fees, or if such vehicle be licensed in an improper license classification or for an insufficient gross weight, then the operator or driver of such vehicle shall obtain and pay the proper fee for the proper trip permit from such representative, as provided in Section 27-19-79, or shall make application for a license tag and pay the proper annual tax therefor; provided, however, that no permit shall be issued for any vehicle or combination of vehicles having a gross weight exceeding the limits prescribed by law; nor shall any application for an annual privilege license be accepted or received upon such vehicles.
(c) The agent or representative of the Mississippi Department of Transportation on duty at any such station shall have the power and authority to weigh such vehicle and the load thereon by means of portable or stationary scales furnished to him by the Mississippi Department of Transportation, in order to determine whether or not the gross weight of such vehicles exceeds the limits provided by law and in order to determine whether or not the gross weight exceeds the licensed gross weight of such vehicle, and for any other purposes connected with and related to the enforcement and administration of this article.
SECTION 98. Section 27-19-138, Mississippi Code of 1972, is amended as follows:
27-19-138. (1) In addition
to any other remedy provided in this article, the Mississippi Department of
Transportation * * * or its designated officers or agents, may assess fines and/or
penalties authorized to be imposed by this article, notice of which assessment
shall be delivered to the owner or operator or his agent at the time of
assessment, by certified mail or personal delivery, to be collected as provided
in this section.
(2) In lieu of seizure and
impoundment of vehicles as provided by Section 27-19-135, the * * *
department, in
its discretion, may authorize any owner or operator of a motor vehicle found to
be operated in violation of the provisions of this article to execute and file
with the * * * department
a good and valid bond written by a surety company authorized to do business in
this state in an amount equal to the fines and/or penalties assessed because of
such violation conditioned upon the prompt payment when due of all such fines
and/or penalties. If the * * * department is satisfied that
such owner or operator has property located in this state of value in excess of
the amount of the fines and/or penalties, it may waive the bond requirement.
(3) If the * * *
department
elects to assess fines and/or penalties authorized to be imposed by this
article, it may authorize such terms for payment as shall be deemed appropriate
over a period of time not to exceed six (6) months. Notice of such terms shall
be given to the owner or operator.
(4) The Mississippi Department
of Transportation * * * may refund to any individual, firm or corporation any permit fee or
fine or penalty which has been paid or collected through error or otherwise
when such person, individual, firm or corporation has paid any such permit fee
or fine or penalty in excess of the sum properly due, whether or not such
payments were made under protest or compulsion.
(5) All claims for refunds
under this section shall be made within twelve (12) months from the date of the
erroneous payment of such fees or fines or penalties, and such refunds, when
approved by the Mississippi Department of Transportation * * *
shall be made out of
any monies collected by the * * * department from the same
source of revenue. If a claim for refund is disapproved, the claimant shall be
notified of such disapproval and the reasons therefor. Any claimant aggrieved
by the * * * department's
disapproval, within thirty (30) days from the date thereof, may appeal in
writing to the Appeals Board of the Mississippi Department of
Transportation * * *. The * * * department also
may refund any amount of a fine and/or penalty that has been assessed by the * * *
department and
reduced by order of the appeals board.
SECTION 99. Section 29-1-1, Mississippi Code of 1972, is amended as follows:
29-1-1. (1) Except as otherwise provided in subsections (7), (8), (9) and (13) of this section, the title to all lands held by any agency of the State of Mississippi shall appear on all deeds and land records under the name of the "State of Mississippi." A deed may also recite the name of the agency for whose benefit and use the land is acquired, but the recital shall not be deemed or construed to be a limitation on the grant or an impairment of title held by the State of Mississippi. Use and possession of the land may be reassigned by act of the Legislature or by interagency conveyance where each agency has statutory authority to acquire and dispose of land. For the purpose of this section, the term "agency" shall be defined as set forth in Section 31-7-1(a). The provisions of this section shall not affect the authority of any agency to use any land held by the agency. No assets or property of the Public Employees' Retirement System of Mississippi shall be transferred in violation of Section 272A of the Mississippi Constitution of 1890. Each state agency shall inventory any state-held lands which are titled in the name of the agency. The agency shall execute quitclaim deeds and any other necessary documents to transfer the name and title of the property to the State of Mississippi. State agencies shall furnish to the Secretary of State certified copies of the quitclaim deeds and all other deeds whereby the state agency acquires or disposes of state-held land.
(2) The Secretary of State, under the general direction of the Governor and as authorized by law, shall sell and convey the public lands in the manner and on the terms provided herein for the several classes thereof; he shall perform all the administrative and executive duties appertaining to the selection, location, surveying, platting, listing, and registering these lands or otherwise concerning them; and he shall investigate the status of the various "percent" funds accrued and accruing to the state from the sale of lands by the United States, and shall collect and pay the funds into the Treasury in the manner provided by law. The Secretary of State, with the approval of the Governor, acting on behalf of the state, may accept gifts or donations of land to the State of Mississippi.
(3) In accordance with
Sections 7-11-11 and 7-11-13, the Secretary of State shall be required to sign
all conveyances of all state-held land. For purposes of this section, the term
"conveyance" shall mean any sale or purchase of land by the State of
Mississippi for use by any agency, board or commission thereof. Failure to
obtain legislative approval pursuant to subsection (4) of this section and the
signature of the Secretary of State on any conveyance regarding the sale or
purchase of lands for the state including any agency, board or commission
thereof, shall render the attempted sale or purchase of the lands void.
Nothing in this section shall be construed to authorize any state agency,
board, commission or public official to convey any state-held land unless this
authority is otherwise granted by law. The Secretary of State shall not
withhold arbitrarily his signature from any purchase or sale authorized by the
Mississippi State Legislature. Except for those lands forfeited to the state
for the nonpayment of taxes, conveyed to another state agency or entity as
provided in subsection (11) of this section or acquired by the Mississippi Department
of Transportation * * *
under Section 65-1-123, no state-held land shall be sold for less than
the fair market value as determined by two (2) professional appraisers selected
by the State Department of Finance and Administration, who are certified
general appraisers of the State of Mississippi. The proceeds from any sale by
an agency, board, commission or public official of state-held lands shall be
deposited into the State General Fund unless otherwise provided by law.
(4) Before any state-held land is sold to any individual or private entity, thirty (30) days' advance notice of the intended sale shall be provided by the Secretary of State to the State Legislature and to all state agencies for the purpose of ascertaining whether an agency has a need for the land and for the purpose of ascertaining whether the sale of the land was authorized by law. If no agency of the state expresses in writing to the Secretary of State by the end of the thirty-day period a desire to use the land, then the Secretary of State, with the prior approval of the Mississippi Legislature to sell the state-held land, may offer the land for sale to any individual or private entity. Such notice to state agencies is given in aid of internal management of the real property inventory of the state, and this notice requirement shall not be applied to challenge or defeat any title heretofore or hereafter granted by the state under any law authorized by the Mississippi Legislature providing for the sale or disposal of property.
(5) A cultural resources survey may be performed on any state-held land before the disposition of the land if the Mississippi Department of Archives and History deems this survey necessary. The cost of the survey and any archaeological studies deemed necessary by the Mississippi Department of Archives and History shall be paid by the selling agency and recouped from the proceeds of the sale.
(6) Before any land may be purchased by the state for the benefit of any state agency, the Secretary of State, or his designee, shall search and examine all state land records to determine whether the state owns any land that may fit the particular need of the agency. The Secretary of State, or his designee, shall notify the agency if it is determined that any state-held land is available for use by the agency. The agency shall determine if such land accommodates its needs and shall determine whether to make an official request to the proper authorities to have the use of the land.
(7) This section shall not apply to: (a) any lands purchased or acquired for construction and maintenance of highways or highway rights-of-way by the Mississippi Department of Transportation, or (b) any lands acquired by the state by forfeiture for nonpayment of ad valorem taxes and heretofore or hereafter sold under authority of any other section of Chapter 1, Title 29, specifically relating to tax-forfeited lands.
(8) This section shall not apply to any lands purchased solely by the use of federal funds or lands for which authority to transfer or dispose of these lands is governed by federal law or federal regulations insofar as the application of this section limits or impairs the ability of the Secretary of State to acquire or dispose of the land. However, any state agency acquiring or disposing of land exempted from the application of this section by this subsection shall furnish the Secretary of State certified copies of all deeds executed for those transfers or disposals.
(9) Any lands purchased by the Mississippi Major Economic Impact Authority for a "project" as defined in Section 57-75-5 shall be excluded from the provisions of this section.
(10) The Secretary of State may recover from any agency, corporation, board, commission, entity or individual any cost that is incurred by his office for the record-keeping responsibilities regarding the sale or purchase of any state-held lands.
(11) Subsections (4), (5) and (6) of this section shall not apply to sales or purchases of land when the Legislature expressly authorizes or directs a state agency to sell, purchase or lease-purchase a specifically described property. However, when the Legislature authorizes a state agency to sell or otherwise convey specifically described real property to another state agency or other entity such as a county, municipality, economic development district created under Section 19-5-99 or similar entity, without providing that the conveyance may not be made for less than the fair market value of the property, then the state agency authorized to convey such property must make the following determinations before conveying the property:
(a) That the state agency or other entity to which the proposed conveyance is to be made has an immediate need for the property;
(b) That there are quantifiable benefits that will inure to the state agency or other entity to which the proposed conveyance is to be made which outweigh any quantifiable costs to the state agency authorized to make the conveyance; and
(c) That the state agency or other entity to which the proposed conveyance is to be made lacks available funds to pay fair market value for the property. If the state agency authorized to convey such property fails to make such determinations, then it shall not convey the property for less than the fair market value of the property.
(12) This section shall not apply to the donation and conveyance of the Nanih Waiya State Park to the Mississippi Band of Choctaw Indians.
(13) This section shall not apply to any lands acquired, sold, or leased pursuant to Section 59-5-1 et seq.
SECTION 100. Section 29-1-77, Mississippi Code of 1972, is amended as follows:
29-1-77. The * * * Secretary of State,
with the approval of the Governor, is hereby authorized to sell, lease,
or donate to the * * * Mississippi Department of Transportation or to any
county or counties or the Natchez Trace Commission, for right-of-way
purposes or for road material used or useful in the construction or maintenance
of state, federal, and county highways, any of the public lands of the state,
regardless of the quantity of said lands.
SECTION 101. Section 29-9-1, Mississippi Code of 1972, is amended as follows:
29-9-1. The State Auditor
of Public Accounts shall require the heads of all state agencies to make an
inventory of all lands, buildings, equipment, furniture, and other personal
property owned by or under the control of the respective agencies, except
highway rights-of-way owned or acquired by the Mississippi * * * Department of Transportation.
The inventories shall be made on forms to be prescribed and furnished by said
State Auditor. Agencies, including the Legislature, which have on file proper
inventories on August 8, 1968, shall not be required to make new inventories,
but the remaining provisions of this chapter respecting inventories shall be
applicable thereto.
SECTION 102. Section 31-5-33, Mississippi Code of 1972, is amended as follows:
31-5-33. (1) In any contract for the construction, repair, alteration or demolition of any building, structure or facility awarded by the State of Mississippi, or any agency, unit or department of the State of Mississippi, or by any political subdivision thereof, which contract provides for progress payments in installments based upon an estimated percentage of completion with a percentage of the contract proceeds to be retained by the state agency, unit or department, or by the political subdivision or contractor pending completion of the contract, such retainage shall be five percent (5%), and the amount retained by the prime contractor from each payment due the subcontractor shall not exceed the percentage withheld by the state, or any agency, unit or department of the state, or by any political subdivision thereof, from the prime contractor.
On any contract as described herein, of which the total amount is Two Hundred Fifty Thousand Dollars ($250,000.00) or greater, or on any contract with a subcontractor, regardless of amount, five percent (5%) shall be retained until the work is at least fifty percent (50%) complete, on schedule and satisfactory in the architect's and/or engineer's opinion, at which time fifty percent (50%) of the retainage held to date shall be returned to the prime contractor for distribution to the appropriate subcontractors and suppliers. Provided, however, that future retainage shall be withheld at the rate of two and one-half percent (2-1/2%).
(2) The provisions of this
section shall not apply to contracts let by the Mississippi Department of Transportation * * *
for the construction,
improvement or maintenance of roads and bridges.
SECTION 103. Section 31-7-13.1, Mississippi Code of 1972, is amended as follows:
31-7-13.1. (1) The method of contracting for construction described in this section shall be known as the "dual-phase design-build method" of construction contracting. This method of construction contracting may be used only when the Legislature has specifically required or authorized the use of this method in the legislation authorizing a project. At a minimum, the determination must include a detailed explanation of why using the dual-phase design-build method for a particular project satisfies the public need better than the traditional design-bid-build method based on the following criteria:
(a) The project provides a savings in time or cost over traditional methods; and
(b) The size and type of the project is suitable for design-build.
(2) For each proposed dual-phase design-build project, a two-phase procedure for awarding a contract must be adopted. During Phase One, and before solicitation of initial proposals, the agency or governing authority shall develop, with the assistance of an architectural or engineering firm, a scope of work statement that provides prospective offerors with sufficient information regarding the requirements of the agency or governing authority. The scope of work statement must include, but is not limited to, the following information:
(a) Drawings must show overall building dimensions and major lines of dimensions, and site plans that show topography, adjacent buildings and utilities;
(b) Drawings must include information to adequately explain HVAC, electrical and structural requirements;
(c) The scope of work statement also must include building elevations, sections and design details; and
(d) The scope of work statement must include general budget parameters, schedule or delivery requirements, relevant criteria for evaluation of proposals, and any other information necessary to enable the design-builders to submit proposals that meet the needs of the agency or governing authority.
(3) The agency or governing authority shall cause to be published once a week, for at least two (2) consecutive weeks in a regular newspaper published in the county in which the project is to be located, or a newspaper with statewide circulation, a notice inviting proposals for the dual-phase design-build construction project. The proposals shall not be opened in less than fifteen (15) working days after the last notice is published. The notice must inform potential offerors of how to obtain the scope of work statement developed for the project, and the notice must contain such other information to describe adequately the general nature and scope of the project so as to promote full, equal and open competition.
(4) The agency or governing authority shall accept initial proposals only from entities able to provide an experienced and qualified design-build team that includes, at a minimum, an architectural or engineering firm registered in Mississippi and a contractor properly licensed and domiciled in Mississippi for the type of work required. From evaluation of initial proposals under Phase One, the agency or governing authority shall select a minimum of two (2) and a maximum of five (5) design-builders as "short-listed firms" to submit proposals for Phase Two.
(5) During Phase Two, the short-listed firms will be invited to submit detailed designs, specific technical concepts or solutions, pricing, scheduling and other information deemed appropriate by the agency or governing authority as necessary to evaluate and rank acceptability of the Phase Two proposals. After evaluation of these Phase Two proposals, the agency or governing authority shall award a contract to the design-builder determined to offer the best value to the public in accordance with evaluation criteria set forth in the request for proposals, of which price must be one, but not necessarily the only, criterion.
(6) If the agency or governing authority accepts a proposal other than the lowest dollar proposal actually submitted, the agency or governing authority shall enter on its minutes detailed calculations and a narrative summary showing why the accepted proposal was determined to provide the best value, and the agency or governing authority shall state specifically on its minutes the justification for its award.
(7) All facilities that are governed by this section shall be designed and constructed to comply with standards equal to or exceeding the minimum building code standards employed by the state as required under Section 31-11-33 in force at the time of contracting. All private contractors or private entities contracting or performing under this section must comply at all times with all applicable laws, codes and other legal requirements pertaining to the project.
(8) At its discretion, the agency or governing authority may award a stipulated fee equal to a percentage, as prescribed in the request for proposals, of the project's final design and construction budget, as prescribed in the request for proposals, but not less than two-tenths of one percent (2/10 of 1%) of the project's final design and construction budget, to each short-list offeror who provides a responsive, but unsuccessful, proposal. If the agency or governing authority does not award a contract, all responsive final list offerors shall receive the stipulated fee based on the owner's estimate of the project final design and construction budget as included in the request for proposals. The agency or governing authority shall pay the stipulated fee to each offeror within ninety (90) days after the award of the initial contract or the decision not to award a contract. In consideration for paying the stipulated fee, the agency or governing authority may use any ideas or information contained in the proposals in connection with any contract awarded for the project, or in connection with a subsequent procurement, without any obligation to pay any additional compensation to the unsuccessful offerors. Notwithstanding the other provisions of this subsection, an unsuccessful short-list offeror may elect to waive the stipulated fee. If an unsuccessful short-list offeror elects to waive the stipulated fee, the agency or governing authority may not use ideas and information contained in the offeror's proposal, except that this restriction does not prevent the agency or governing authority from using any idea or information if the idea or information is also included in a proposal of an offeror that accepts the stipulated fee.
(9) This section shall not authorize the awarding of construction contracts according to any contracting method that does not require the contractor to satisfactorily perform, at a minimum, both any balance of design, using an independent professional licensed in Mississippi, and construction of the project for which the contract is awarded.
(10) The provisions of this
section shall not affect any procurement by the Mississippi Department of
Transportation * * *.
(11) The provisions of this section shall not apply to procurement authorized in Section 59-5-37(3).
SECTION 104. Section 31-7-13.2, Mississippi Code of 1972, is amended as follows:
31-7-13.2 (1) When used in this section, "construction manager at risk" means a method of project delivery in which a construction manager guarantees a maximum price for the construction of a project and in which the governing authority or board, before using this method of project delivery, shall include a detailed explanation of why using the construction manager at risk method of project delivery for a particular project satisfies the public need better than that traditional design-bid-build method based on the following criteria:
(a) The use of construction manager at risk for the project provides a savings in time or cost over traditional methods; and
(b) The size and type of the project is suitable for use of the construction management at risk method of project delivery.
(2) When the construction manager at risk method of project delivery is used:
(a) There may be a separate contract for design services and a separate contract for construction services;
(b) The contract for construction services may be entered into at the same time as a contract for the design services or later;
(c) Design and construction of the project may be in sequential or concurrent phases; and
(d) Finance, maintenance, operation, reconstruction or other related services may be included for a guaranteed maximum price.
(3) When procuring design professional services under a construction manager at risk project delivery method, the agency or governing authority shall procure the services of a design professional pursuant to qualifications-based selection procedures.
(4) Before the substantial completion of the design documents, the agency or governing authority may elect to hire a construction manager.
(5) When procuring construction management services, the agency or governing authority shall follow the qualifications-based selection procedures as outlined in subsection (10) of this section or the competitive sealed proposal procedures as outlined in Section 31-17-13.
(6) The agency or governing authority may require the architect or engineer and the construction manager, by contract, to cooperate in the design, planning and scheduling, and construction process. The contract shall not make the primary designer or construction manager a subcontractor or joint-venture partner to the other or limit the primary designer's or construction manager's independent obligations to the agency or governing authority.
(7) Notwithstanding anything to the contrary in this chapter:
(a) Each project for construction under a construction manager at risk contract shall be a specific, single project with a minimum construction cost of Twenty-five Million Dollars ($25,000,000.00).
(b) Each project under a construction manager at risk contract shall be a specific, single project. For the purposes of this paragraph, "specific, single project" means a project that is constructed at a single location, at a common location or for a common purpose.
(8) Agencies shall retain an independent architectural or engineering firm to provide guidance and administration of the professional engineering or professional architecture aspects of the project throughout the development of the scope, design, and construction of the project.
(9) The state shall, on an annual basis, compile and make public all proceedings, records, contracts and other public records relating to procurement transactions authorized under this section.
(10) For purposes of this section, the "qualifications-based selection procedure" shall include:
(a) Publicly announcing all requirements for architectural, engineering, and land surveying services, to procure these services on the basis of demonstrated competence and qualifications, and to negotiate contracts at fair and reasonable prices after the most qualified firm has been selected.
(b) Agencies or governing authorities shall establish procedures to prequalify firms seeking to provide architectural, engineering, and land surveying services or may use prequalification lists from other state agencies or governing authorities to meet the requirements of this section.
(c) Whenever a project requiring architectural, engineering, or land surveying services is proposed for an agency or governing authority, the agency or governing authority shall provide advance notice published in a professional services bulletin or advertised within the official state newspaper setting forth the projects and services to be procured for not less than fourteen (14) days. The professional services bulletin shall be mailed to each firm that has requested the information or is prequalified under Section 31-7-13. The professional services bulletin shall include a description of each project and shall state the time and place for interested firms to submit a letter of interest and, if required by the public notice, a statement of qualifications.
(d) The agency or governing authority shall evaluate the firms submitting letters of interest and other prequalified firms, taking into account qualifications. The agency or governing authority may consider, but shall not be limited to, considering:
(i) Ability of professional personnel;
(ii) Past record and experience;
(iii) Performance data on file;
(iv) Willingness to meet time requirements;
(v) Location;
(vi) Workload of the firm; and
(vii) Any other qualifications-based factors as the agency or governing authority may determine in writing are applicable.
The agency or governing authority may conduct discussions with and require public presentations by firms deemed to be the most qualified regarding their qualifications, approach to the project and ability to furnish the required services.
(e) The agency or governing authority shall establish a committee to select firms to provide architectural, engineering, and land surveying services. A selection committee may include at least one (1) public member nominated by a statewide association of the profession affected. The public member may not be employed or associated with any firm holding a contract with the agency or governing authority nor may the public member's firm be considered for a contract with that agency or governing authority while serving as a public member of the committee. In no case shall the agency or governing authority, before selecting a firm for negotiation under paragraph (f) of this section, seek formal or informal submission of verbal or written estimates of costs or proposals in terms of dollars, hours required, percentage of construction cost, or any other measure of compensation.
(f) On the basis of evaluations, discussions, and any presentations, the agency or governing authority shall select no less than three (3) firms that it determines to be qualified to provide services for the project and rank them in order of qualifications to provide services regarding the specific project. The agency or governing authority shall then contact the firm ranked most preferred to negotiate a contract at a fair and reasonable compensation. If fewer than three (3) firms submit letters of interest and the agency or governing authority determines that one (1) or both of those firms are so qualified, the agency or governing authority may proceed to negotiate a contract under paragraph (g) of this section.
(g) The agency or governing authority shall prepare a written description of the scope of the proposed services to be used as a basis for negotiations and shall negotiate a contract with the highest qualified firm at compensation that the agency or governing authority determines in writing to be fair and reasonable. In making this decision, the agency or governing authority shall take into account the estimated value, scope, complexity, and professional nature of the services to be rendered. In no case may the agency or governing authority establish a maximum overhead rate or other payment formula designed to eliminate firms from contention or restrict competition or negotiation of fees. If the agency or governing authority is unable to negotiate a satisfactory contract with the firm that is most preferred, negotiations with that firm shall be terminated. The agency or governing authority shall then begin negotiations with the firm that is next preferred. If the agency or governing authority is unable to negotiate a satisfactory contract with that firm, negotiations with that firm shall be terminated. The agency or governing authority shall then begin negotiations with the firm that is next preferred. If the agency or governing authority is unable to negotiate a satisfactory contract with any of the selected firms, the agency or governing authority shall reevaluate the architectural, engineering, or land surveying services requested, including the estimated value, scope, complexity, and fee requirements. The agency or governing authority shall then compile a second list of not less than three (3) qualified firms and proceed in accordance with the provisions of this section. A firm negotiating a contract with an agency or governing authority shall negotiate subcontracts for architectural, engineering, and land surveying services at compensation that the firm determines in writing to be fair and reasonable based upon a written description of the scope of the proposed services.
(11) The provisions of this
section shall not affect any procurement by the Mississippi Department of
Transportation * * *.
SECTION 105. Section 31-17-127, Mississippi Code of 1972, is amended as follows:
31-17-127. (1) (a) At any
time when the revenue designated under Sections 27-5-101, 27-19-99, 27-19-325,
27-57-37 and 27-65-75 to defray the cost of constructing or reconstructing
highways under the Four-Lane Highway Program created under Section 65-3-97 is
insufficient to fund the construction priorities as they are scheduled in
subsection (3) of Section 65-3-97, the State Bond Commission, upon receipt of a
resolution from the Mississippi Department of Transportation * * *
requesting the same, is
hereby authorized, on the credit of the state, to make temporary borrowings in
the aggregate principal amount not to exceed Two Hundred Million Dollars
($200,000,000.00) in order to provide funds in such amounts as may, from time
to time, be deemed necessary. In order to provide for, and in connection with
such temporary borrowings, the State Bond Commission is hereby authorized in
the name and on behalf of the state to enter into any purchase, loan or credit
agreement, or agreements, or other agreement or agreements with any banks or
trust companies or other lending institutions, investment banking firms or persons
in the United States having power to enter into the same, which agreements may
contain such provisions not inconsistent with the provisions of Sections 27-5-101,
27-19-99, 27-19-325, 27-57-37, 27-65-75 and 65-3-97 as may be authorized by the
State Bond Commission.
(b) As an alternative
to the issuance of bonds under the provisions of Sections 65-39-5 through 65-39-33,
for the purpose of providing funds for infrastructure projects under Section 65-39-1,
the State Bond Commission, upon receipt of a resolution from the Mississippi Department
of Transportation * * * requesting the same, is hereby authorized, on the credit of the
state, to make temporary borrowings in the aggregate principal amount not to
exceed Three Hundred Million Dollars ($300,000,000.00) in order to provide
funds in such amounts as may, from time to time, be deemed necessary. In order
to provide for, and in connection with such temporary borrowings, the State
Bond Commission is hereby authorized in the name and on behalf of the state to
enter into any purchase, loan or credit agreement, or agreements, or other
agreement or agreements with any banks or trust companies or other lending
institutions, investment banking firms or persons in the United States having
power to enter into the same, which agreements may contain such provisions not
inconsistent with the provisions of Section 65-39-1 as may be authorized by the
State Bond Commission. It is the intent of the Legislature that the Mississippi
Department of Transportation * * * adopt such a resolution or
resolutions as often and as frequently as may be necessary to insure the
availability of sufficient funds to provide timely completion of all projects
authorized under Section 65-39-1.
(2) All temporary borrowings made under this section shall be evidenced by notes of the state which shall be issued, from time to time, for such amounts not exceeding in the aggregate the applicable statutory and constitutional debt limitation, in such form and in such denominations and subject to terms and conditions of sale and issue, prepayment or redemption and maturity, rate or rates of interest and time of payment of interest as the State Bond Commission shall authorize and direct and in accordance with Sections 27-5-101, 27-19-99, 27-19-325, 27-57-37, 27-65-75, 65-3-97 and 65-39-1; however, such notes shall mature not more than ten (10) years from the date of issuance. The State Bond Commission may provide for the subsequent issuance of refunding notes or bonds to refund, upon issuance thereof, such notes, and may specify such other terms and conditions with respect to such refunding notes or bonds thereby authorized for issuance as the seller may determine and direct, however such refunding notes or bonds shall mature not more than ten (10) years from date of issuance.
(3) In connection with the issuance of such refunding notes or bonds, the State Bond Commission is hereby authorized in the name and on behalf of the state to enter into agreements with any banks, trust companies, investment banking firms or other institutions or persons in the United States having the power to enter the same:
(a) To purchase or underwrite an issue or series of issues of refunding notes, or bonds.
(b) To enter into any purchase, loan or credit agreements, and to draw monies pursuant to any such agreements on the terms and conditions set forth therein and to issue notes as evidence of borrowings made under any such agreements.
(c) To appoint or act as issuing and paying agent or agents with respect to such refunding notes or bonds.
(d) To do such other acts as may be necessary or appropriate to provide for the payment, when due, of the principal of and interest on such refunding notes or bonds.
Such agreements may provide for the compensation of any purchasers or underwriters of such refunding notes or bonds by payment of a fixed fee or commission at the time of issuance thereof, and for all other costs and expenses, including fees for agreements related to such refunding notes or bonds and paying agent costs. Costs and expenses of issuance may be paid from the proceeds of the refunding notes or bonds.
(4) At or prior to the time of delivery of these refunding notes or bonds, the State Bond Commission shall determine the principal amounts, dates of issue, interest rate or rates, rates of discount, denominations and all other terms and conditions relating to the issuance. The State Treasurer shall perform all acts and things necessary to pay or cause to be paid, when due, all principal of and interest on the notes being refunded by such refunding notes or bonds and to assure that the same may draw upon any monies available for that purpose pursuant to any purchase loan or credit agreements established with respect thereto, all subject to the authorization and direction of the seller.
(5) (a) (i) Such outstanding refunding notes or bonds evidencing such borrowings to defray the cost of constructing or reconstructing highways under the Four-Lane Highway Program established in Section 65-3-97 shall be funded and retired by the revenue designated under Sections 27-5-101, 27-19-99, 27-19-325, 27-57-37 and 27-65-75 and from any and all legally available federal aid grant reimbursements which are hereby pledged for this purpose, which is intended to be a priority use for such pledged funds for so long as any notes, refunding notes or bonds are outstanding. Such revenues shall be deposited into the Four-Lane Highway Trust Fund for the repayment of the debt service of the refunding notes or bonds in accordance with paragraph (b) of this subsection (5). Such refunding notes or bonds issued pursuant to the provisions of this section shall be secured by a first and priority lien on the revenues pledged therefor.
(ii) Outstanding notes evidencing such borrowings to defray the cost of infrastructure projects under Section 65-39-1 may be funded and retired from monies in the Gaming Counties Bond Sinking Fund created under Section 65-39-3. The refunding notes or bonds must be issued and sold not later than a date two (2) years after the date of issuance of the first notes evidencing such borrowings to the extent that payment of such notes has not otherwise been made or provided for by sources other than proceeds of refunding notes or bonds.
(b) There is created in the State Treasury a special fund designated as the "Four-Lane Highway Trust Fund" into which shall be deposited the funds designated in this paragraph until the balance in the fund is equal to the next two (2) debt service requirements of the refunding notes or bonds issued to defray the cost of the Four-Lane Highway Program established in Section 65-3-97. Once the required balance in the fund is reached, deposits shall cease until the amount in the fund falls below the amount equal to the next two (2) debt service requirements of the refunding bonds or notes. Unexpended amounts in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the fund shall be deposited to the credit of the fund. Money in the fund may not be used or expended for any purpose except as authorized under this subsection. The State Treasurer shall disburse money from the fund for the purposes authorized under this subsection. Deposits into the fund shall be made as follows:
(i) Federal aid grant reimbursements designated for the Four-Lane Highway Program established in Section 65-3-97 shall be deposited into the Four-Lane Highway Trust Fund until such time as the balance requirements of this section are met.
(ii) If the federal aid grant reimbursements designated for the Four-Lane Highway Program are projected by the State Treasurer to be insufficient to meet the balance requirements of this paragraph, then the revenue designated under Sections 27-5-101, 27-19-99, 27-19-325, 27-57-37 and 27-65-75 to defray the cost of the Four-Lane Highway Program shall be deposited into the Four-Lane Highway Trust Fund.
(iii) If the amounts required to be deposited by items (i) and (ii) of this paragraph (b) are projected by the State Treasurer to be insufficient to meet the balance requirements of this paragraph, then any other legally available federal aid grant reimbursements shall be deposited into the Four-Lane Highway Trust Fund.
At such times as the balance requirements of this paragraph are met, the State Treasurer shall transfer all excess amounts to the State Highway Fund.
(c) Any state laws authorizing the imposition or distribution of taxes, fees or federal reimbursements designated for the Four-Lane Highway Program created under Section 65-3-97, or that affect those taxes, fees and federal reimbursements pledged for the payment of refunding notes or bonds issued under this section, shall not be amended or repealed or otherwise directly or indirectly modified so as to impair such outstanding refunding notes or bonds unless such refunding notes or bonds have been discharged in full or provisions have been made for a full discharge or defeasance.
(6) The proceeds of all
such temporary borrowing shall be paid to the Mississippi Department of
Transportation * * * to be held and disposed of in accordance with the provisions of
Sections 27-5-101, 27-19-99, 27-19-325, 27-57-37, 27-65-75, 65-3-97 and 65-39-1.
SECTION 106. Section 37-101-292, Mississippi Code of 1972, is amended as follows:
37-101-292. (1) Within the
limits of the funds available to the Mississippi Department of
Transportation * * * for such purpose, the * * * Commissioner
of Transportation may pay a stipend to contractual services employees
for educational expenses such as tuition, books and related fees to pursue
junior or senior undergraduate level year coursework toward a bachelor's degree
in civil engineering or graduate level coursework toward a master's degree in
civil engineering to those applicants deemed qualified. It is the intent of
the Legislature that such an educational program shall be used as
a method of encouraging recruitment of well-qualified civil engineers for
employment with the Mississippi Department of Transportation.
(2) (a) In order to be eligible for this program an undergraduate participant must:
(i) Have successfully obtained a minimum of fifty-eight (58) semester hours toward a bachelor of science in civil engineering from a state institution of higher learning that has been fully accredited by the Accreditation Board of Engineering and Technology;
(ii) Have achieved a minimum grade point average of 2.75 on a 4.0 scale on the previously obtained semester hours toward a bachelor of science in civil engineering; and
(iii) Agree to work as a civil engineer at the Mississippi Department of Transportation for a period of time equivalent to the period of time for which the applicant receives a stipend for educational expenses calculated to the nearest whole month.
(b) In order to be eligible for this program a graduate participant must:
(i) Have obtained a bachelor of science in civil engineering from a state institution of higher learning that has been fully accredited by the Accreditation Board of Engineering and Technology;
(ii) Have met the regular admission standards and been accepted into a master of science in civil engineering program at a state institution of higher learning that has been fully accredited by the Accreditation Board of Engineering and Technology;
(iii) Have submitted a proposed graduate program thesis project for review by the Mississippi Department of Transportation; and
(iv) Agree to work as a civil engineer at the Mississippi Department of Transportation for a period of time equivalent to the period of time for which the applicant receives a stipend for educational expenses calculated to the nearest whole month.
(3) (a) Each participant
shall enter into a contract with the Mississippi Department of
Transportation * * *, which shall be deemed a contract with the State of
Mississippi, agreeing to the terms and conditions upon which the stipend
shall be granted to him. The contract shall include such terms and provisions
necessary to carry out the full purpose and intent of this section. The form
of such contract shall be prepared and approved by the Attorney General of this
state, and shall be signed by the * * * Commissioner
of Transportation and the recipient. If the recipient is a minor, his minority
disabilities shall be removed by a chancery court of competent jurisdiction
before the contract is signed.
(b) The Mississippi
Department of Transportation * * * may cancel any contract made between
it and any participant upon such cause being deemed sufficient by the
executive director.
(c) The Mississippi
Department of Transportation * * * is vested with full and complete
authority and power to sue in its own name any recipient for any balance due
the state on any such uncompleted contract, which suit shall be filed and
handled by the Attorney General of the state. The Mississippi Department
of Transportation * * * may contract with a collection agency or banking institution,
subject to approval by the Attorney General, for collection of any balance due
the state from any recipient. The State of Mississippi * * * and
the Mississippi Department of Transportation and its employees are immune from
any suit brought in law or equity for actions taken by the collection agency or
banking institution incidental to or arising from their performance under the
contract. The Mississippi Department of Transportation * * *
may negotiate
for the payment of a sum that is less than full payment in order to satisfy any
balance the recipient owes the state, if necessary or advisable.
(d) Notice of pending default status shall be mailed to the recipient at the last known address prior to commencing a lawsuit.
(e) The sponsoring agency shall conduct a hearing of pending default status, make a final determination, and issue an Order of Default, if appropriate.
(f) Recipients may appear either personally or by counsel, or both, and produce and cross-examine witnesses or evidence in the recipient's behalf. The procedure of the hearing shall not be bound by the Mississippi Rules of Civil Procedure and Evidence.
(g) Appeals from a finding of default by the sponsoring agency shall be to the Circuit Court of Hinds County.
(h) Rules and regulations governing this program and other applicable matters may be promulgated by the sponsoring agency.
SECTION 107. Section 43-39-12, Mississippi Code of 1972, is amended as follows:
43-39-12. (1) Except as provided in subsection (2) of this section, a displaced person shall not be eligible to receive relocation payments or any other assistance under this chapter if the displaced person is an alien not lawfully present in the United States.
(2) If a displacing agency determines by clear and convincing evidence that a determination of the ineligibility of a displaced person under subsection (1) of this section would result in exceptional and extremely unusual hardship to an individual who is the displaced person's spouse, parent, or child and who is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States, the displacing agency shall provide relocation payments and other assistance to the displaced person under this chapter if the displaced person would be eligible for the assistance but for subsection (1) of this section.
(3) The Mississippi Department
of Transportation * * * shall adopt such rules and regulations as may be necessary to carry
out the provisions of this section and in order to comply with federal law.
SECTION 108. Section 45-3-21, Mississippi Code of 1972, is amended as follows:
45-3-21. (1) The powers and duties of the Highway Safety Patrol shall be, in addition to all others prescribed by law, as follows:
(a) To enforce all of the traffic laws, rules and regulations of the State of Mississippi upon all highways of the state highway system and the rights-of-way of such highways; provided, however, that if any person commits an offense upon the state highway system and be pursued by a member of the Highway Safety Patrol, such patrol officer may pursue and apprehend such offender upon any of the highways or public roads of this state, or to any other place to which such offender may flee.
(b) To enforce all rules and regulations of the commissioner promulgated pursuant to legal authority.
(c) When so directed by the Governor, to enforce any of the laws of this state upon any of the highways or public roads thereof.
(d) Upon the request of the State Tax Commission, and with the approval of the Governor, to enforce all of the provisions of law with reference to the registration, license and taxation of vehicles using the highways of this state, and relative to the sizes, weights and load limits of such vehicles, and to enforce the provisions of all other laws administered by the State Tax Commission upon any of the highways or public roads of this state; and for such purpose the Highway Safety Patrol shall have the authority to collect and receive all taxes which may be due under any of such laws, and to report and remit same to the State Tax Commission in the manner required by law, or the rules and regulations of the commission.
(e) Upon request of
the Mississippi Department of Transportation * * *, and when so instructed by the
commissioner, to aid and assist in the enforcement of all laws which such agencies
are authorized or required to enforce, and in the enforcement of the rules and
regulations of such agencies, including the Mississippi Motor Carrier
Regulatory Law of 1938 and rules and regulations promulgated thereunder.
(f) To arrest without warrant any person or persons committing or attempting to commit any misdemeanor, felony or breach of the peace within their presence or view, and to pursue and so arrest any person committing such an offense to and at any place in the State of Mississippi where he may go or be. Nothing herein shall be construed as granting the Mississippi Highway Safety Patrol general police powers.
(g) To aid and assist any law enforcement officer whose life or safety is in jeopardy. Additionally, officers of the Highway Safety Patrol may arrest without warrant any fugitive from justice who has escaped or who is using the highways of the state in an attempt to flee. With the approval of the commissioner or his designee, officers of the Highway Safety Patrol may assist other law enforcement agencies in manhunts for convicted felons who have escaped and/or for alleged felons where there is probable cause to believe that the person being sought committed the felony and a felony had actually been committed.
(h) To cooperate with the State Forest Service by reporting all forest fires.
(i) Upon request of the sheriff or his designee, or board of supervisors of any county or the chief of police or mayor of any municipality, and when so instructed by the commissioner or his designee, to respond to calls for assistance in a law enforcement incident; such request and action shall be noted and clearly reflected on the radio logs of both the Mississippi Highway Safety Patrol district substation and that of the requesting agency, entered on the local NCIC terminal, if available, and a request in writing shall follow within forty-eight (48) hours. Additionally, the time of commencement and termination of the specific law enforcement incident shall be clearly noted on the radio logs of both law enforcement agencies.
(2) The Legislature declares that the primary law enforcement officer in any county in the State of Mississippi is the duly qualified and elected sheriff thereof, but for the purposes of this subsection there is hereby vested in the Department of Public Safety, in addition to the powers hereinabove mentioned and the other provisions of this section under the terms and limitations hereinafter mentioned and for the purpose of insuring domestic tranquility and for the purpose of preventing or suppressing, or both, crimes of violence, acts and conduct calculated to, or which may, provoke or lead to violence and/or incite riots, mobs, mob violence, a breach of the peace, and acts of intimidation or terror, the powers and duties to include the enforcement of all the laws of the State of Mississippi relating to such purposes, to investigate any violation of the laws of the State of Mississippi and to aid in the arrest and prosecution of persons charged with violating the laws of the State of Mississippi which relate to such purposes. Investigators of the Bureau of Investigation of the Department of Public Safety shall have general police powers to enforce all the laws of the State of Mississippi. All officers of the Department of Public Safety charged with the enforcement of the laws administered by that agency, for the purposes herein set forth, shall have full power to investigate, prevent, apprehend and arrest law violators anywhere in the state, and shall be vested with the power of general police officers in the performance of their duties. The officers of the Department of Public Safety are authorized and empowered to carry and use firearms and other weapons deemed necessary in the discharge of their duties as such and are also empowered to serve warrants and subpoenas issued under the authority of the State of Mississippi. The Governor shall be authorized to offer and pay suitable rewards to persons aiding in the investigation, apprehension and conviction of persons charged with acts of violence, or threats of violence or intimidation or acts of terrorism. The additional powers herein granted to or vested in the Department of Public Safety or any of its officers or employees by this section, excepting investigating powers, and those powers of investigators who shall have general police power, being the investigators in the Bureau of Investigation of the Department of Public Safety, shall not be exercised by the Department of Public Safety, or any of its officers or employees, except upon authority and direction of the Governor or Acting Governor, by proclamation duly signed, in the following instances, to wit:
(a) When requested by the sheriff or board of supervisors of any county or the mayor of any municipality on the grounds that mob violence, crimes of violence, acts and conduct of terrorism, riots or acts of intimidation, or either, calculated to or which may provoke violence or incite riots, mobs, mob violence, violence, or lead to any breach of the peace, or either, and acts of intimidation or terror are anticipated, and when such acts or conduct in the opinion of the Governor or Acting Governor would provoke violence or any of the foregoing acts or conduct set out in this subsection, and the sheriff or mayor, as the case may be, lacks adequate police force to prevent or suppress the same.
(b) Acting upon evidence submitted to him by the Department of Public Safety, or other investigating agency authorized by the Governor or Acting Governor to make such investigations, because of the failure or refusal of the sheriff of any county or mayor of any municipality to take action or employ such means at his disposal, to prevent or suppress the acts, conduct or offenses provided for in subsection (1) of this section, the Governor or Acting Governor deems it necessary to invoke the powers and authority vested in the Department of Public Safety.
(c) The Governor or Acting Governor is hereby authorized and empowered to issue his proclamation invoking the powers and authority vested by this paragraph, as provided in paragraphs (a) and (b) of this subsection, and when the Governor or Acting Governor issues said proclamation in accordance herewith, said proclamation shall become effective upon the signing thereof and shall continue in full force and effect for a period of ninety (90) days, or for a shorter period if otherwise ordered by the Governor or Acting Governor. At the signing of the proclamation by the Governor or Acting Governor, the Department of Public Safety and its officers and employees shall thereupon be authorized to exercise the additional power and authority vested in them by this paragraph. The Governor and Acting Governor may issue additional proclamations for periods of ninety (90) days each under the authority of paragraphs (a) and (b) of this subsection (2).
(3) All proclamations issued by the Governor or Acting Governor shall be filed in the Office of the Secretary of State on the next succeeding business day.
(4) It is not the intention of this section to vest the wide powers and authority herein provided for, as general powers of the Department of Public Safety, and the same are not hereby so vested, but to limit these general powers to cases and incidents wherein it is deemed necessary to prevent or suppress the offenses and conditions herein mentioned in this and other subsections of this section, and under the terms and conditions hereinabove enumerated, it being the sense of the Legislature that the prime duties of the Department of Public Safety are to patrol the highways of this state and enforce the highway safety laws.
(5) Patrol officers shall have no interest in any costs in the prosecution of any case through any court; nor shall any patrol officer receive any fee as a witness in any court held in this state, whether a state or federal court.
(6) Provided, however, that the general police power vested by virtue of the terms of subsection (2) of this section is solely for the purposes set out in said subsection.
SECTION 109. Section 47-5-71, Mississippi Code of 1972, is amended as follows:
47-5-71. The * * * Mississippi
Department of Transportation and the Mississippi Department of Corrections
are hereby authorized to enter into and perform agreements to contract together
for the construction or the pavement of roads by the * * * Mississippi
Department of Transportation in and adjoining to any facility of the
correctional system.
SECTION 110. Section 47-5-133, Mississippi Code of 1972, is amended as follows:
47-5-133. The commissioner is authorized and empowered to use the offenders on or off the property of the correctional system to drain or improve the drainage of any property belonging to the correctional system. Except as otherwise specifically provided by law, no offenders at any time are to work off property of the correctional system except: (a) when some dire calamity or disaster exists or threatens, or (b) those offenders assigned to duty at the Governor's Mansion (eight (8)). The Governor may order offenders to work to avert or control such calamity or disaster.
Provided, however, that the
commissioner may authorize the working of offenders in support of any road
construction, repair or other project of the * * * Mississippi
Department of Transportation upon proper request therefor by the * * *
Mississippi
Department of Transportation. In such cases the department shall establish
all proper regulations for the working, guarding, safekeeping, clothing,
housing and subsistence of offenders while so working.
Provided further, that the commissioner may authorize the working and housing of offenders in support of the Mississippi Bureau of Narcotics upon proper request therefor by the bureau. In such cases the department shall establish all proper regulations for the working, guarding, safekeeping, clothing, housing and subsistence of offenders while so working.
The commissioner may authorize the working of offenders in support of any aspect of Mississippi state government where such work would be appropriate and useful.
SECTION 111. Section 47-5-433, Mississippi Code of 1972, is amended as follows:
47-5-433. The * * * Mississippi
Department of Transportation may furnish vehicles along state highways to
pick up trash bagged by inmates.
SECTION 112. Section 49-1-33, Mississippi Code of 1972, is amended as follows:
49-1-33. Whenever the
commission shall desire to construct or cause to be constructed any dam or
similar structure in or across any lake, stream, river or other waters under
its control in order to prevent or control the deterioration or drying up of
such waters, and the construction of such dam or other structure could cause
the level of such waters to be raised and thereby cause the land or property
adjoining or adjacent to such lake, stream, river, or other waters to be
overflowed, inundated or flooded, the commission shall have the power and
authority to acquire, hold and own any such land or property so overflowed,
inundated or flooded from the owner thereof by purchase, grant, donation, or
otherwise. The commission is hereby authorized and empowered to exercise the
right of eminent domain to condemn any such land or property in the manner and
method now or hereafter provided by law for the exercise of such right of
eminent domain by railway, telegraph and telephone companies, and/or the
Mississippi Department of Transportation * * *.
SECTION 113. Section 49-23-3, Mississippi Code of 1972, is amended as follows:
49-23-3. As used in Sections 49-23-1 through 49-23-29:
(a) "An unzoned commercial or industrial area" is an area determined by actual land uses which is commercial, industrial, marketing or mercantile, along a state controlled route and extending outward along one (1) side of such highway not more than eight hundred (800) feet from the edge of such activity.
(b) "Areas which are zoned industrial or commercial" means an area along a state controlled route that has been zoned or rezoned as industrial or commercial under the authority of any law of this state, which shall include, without limiting the generality of the foregoing, zoning districts customarily referred to as "B" or business, "C" or commercial, "I" or industrial, "M" or manufacturing and "S" or service and all similar classifications.
* * *
( * * *c) "Department" means the
Mississippi Department of Transportation.
( * * *d) "Erect" means to
construct, build, raise, assemble, place, affix, attach, create, paint, draw,
or in any other way bring into being or establish an advertising message.
( * * *e) "Great River Road"
means that portion of highway located within this state as officially
designated by the Federal Highway Administration pursuant to the provisions of
Title 23, United States Code, "Highways."
( * * *f) "Information center"
means an area or site established and maintained at safety rest areas for the
purpose of informing the public of places of interest within the state and
providing such other information as the commission may consider desirable.
( * * *g) "Interstate system"
means that portion of the national system of interstate and defense highways
located within this state, as officially designated, or as may hereafter be so
designated, by the commission, and approved pursuant to the provisions of Title
23, United States Code, "Highways."
( * * *h) "Maintenance" means repair,
replacement, change, renovation or improvement of any outdoor advertising sign
as defined herein. Maintenance shall not include the removal or destruction of
any outdoor advertising sign.
( * * *i) "National highway
system" means that portion of the national system of interstate and
defense highways located within this state, as officially designated, or as may
hereafter be so designated by the commission, and approved pursuant to the
provisions of Title 23, United States Code, "Highways."
( * * *j) "Outdoor advertising"
or "outdoor advertising sign" means by outdoor signs, display, light,
device, figure, painting, drawing, message, plaque, poster, billboard, or other
thing which is designated, intended or used to advertise or inform, any part of
which is visible from any place on the main-traveled way of a state controlled
route.
( * * *k) "Primary system" means
that portion of connected main highways, as officially designated by the
commission, and approved pursuant to the provisions of Title 23, United States
Code, "Highways."
( * * *l) "Safety rest area"
means an area or site established and maintained within or adjacent to the
right-of-way or under public supervision or control, for the convenience of the
traveling public.
( * * *m) "Scenic byway" means a
highway that is designated as a scenic byway under Section 65-41-1 et seq.
without regard to qualification as a Federal Scenic Byway, meaning that both
"state" scenic byway as well as "federal" scenic byway
shall be included under the general category of "scenic byway."
( * * *n) "State controlled
routes" means the Interstate System, the Federal Primary System, the
National Highway System, the Great River Road and any scenic byways as defined
herein along with any additions or deletions thereto as the Federal Highway
Administration shall determine by federal statutes or regulations.
SECTION 114. Section 49-23-7, Mississippi Code of 1972, is amended as follows:
49-23-7. The * * * Mississippi
Department of Transportation is hereby authorized to promulgate regulations
governing the issuance of permits for the erection and maintenance of outdoor
advertising coming within the exceptions contained in subsections (a), (d) and
(e) of Section 49-23-5, consistent with the safety and welfare of the traveling
public, and as may be necessary to carry out the policy of the state declared
in Section 49-23-1, and consistent with the national standards promulgated by
the secretary of commerce pursuant to Title 23, United States Code, provided
that such regulations shall not contain any definition more restrictive than
those set forth in Section 49-23-3; nor shall they be more restrictive than the
provisions set forth in Section 49-23-9.
SECTION 115. Section 49-23-11, Mississippi Code of 1972, is amended as follows:
49-23-11. (1) No sign, other than signs described in paragraphs (1)(b), (c) and (f) of Section 49-23-5, may be erected without first obtaining a permit from the department, which application for a permit shall be on a form provided by the department and shall contain such information as the department may reasonably require. Upon receipt of an application containing all required information in due form and appropriately executed, and upon payment of the required permit fee, the department shall within ten (10) days thereof issue a permit to the applicant for the erection of the sign, provided such sign will not violate any provision of Sections 49-23-1 through 49-23-29.
(2) An initial permit fee of Eighty-five Dollars ($85.00) for each applicant, regardless of the number of signs at a single site, shall be charged by the Mississippi Department of Transportation for a sign permit initially issued to an applicant after June 30, 1995. An initial permit fee is valid for a period of twelve (12) months and may be renewed annually upon payment by the permittee to the department of a fee of Twenty Dollars ($20.00) per site.
(3) Trees, bushes and
vegetation growing at or near permitted sites may be cleared or removed by a
permittee, his employee or contractor upon application made to and approved by
the department. The department shall charge a permittee a vegetation clearance
fee of Fifty Dollars ($50.00) per site each time that the department authorizes
vegetation clearance. The * * * department shall provide for
a permitting process in its rules and regulations. Regardless of any rule or
regulation to the contrary, the department shall issue a vegetation clearance
permit if such is sought for the purpose of reducing the height above road
grade of a sign erected prior to July 1, 2003, to forty (40) feet.
(4) Exempt from the payment of any fees under the provisions of subsection (2) or (3) of this section are:
(a) Small business signs. A sign is a small business sign if:
(i) The sign advertises a service or product offered by a business;
(ii) The sign is not located on the premises of the business that offers the product or service;
(iii) The sign does not exceed thirty-two (32) square feet;
(iv) The sign is owned, not leased, by the owner of the business that offers the product or service;
(v) The only information that appears on the sign consists of the product or service that is offered by the business and the name and location of the business; and
(vi) The business that offers the product or service is located at a single site, is operated by the owner and employs no more than two (2) individuals, excluding family members.
(b) Directional signs,
public service signs, public utility signs and other official signs and notices
approved under rules and regulations adopted by the Mississippi Department
of Transportation * * *.
(c) Signs advertising a product or service available from the same premises where the sign is located.
(5) Nothing contained in this section shall be construed to limit in any way the authority of any municipality in which the sign is to be erected, to require a permit from the municipality to be obtained, and the payment of a reasonable permit fee in addition to the fee imposed under this section. However, the governing authorities of any municipality or the board of supervisors of any county may not annually, regularly or intermittently impose any fee or privilege license on any business for its sign or signs that are lawfully located on the business' property and that are lawfully used for the purpose of advertising such business, its products or services. The governing authorities of any municipality or the board of supervisors of any county may impose an initial, reasonable fee on a business for the purpose of ensuring compliance of such sign and the installation thereof with such governing authority's lawful zoning requirements, public safety requirements or sign restrictions, but, under no circumstances may the governing authorities of any municipality or the board of supervisors of any county impose any fee or privilege license on any business for any lawful sign located within the interior of a business.
(6) The money received from the fees paid under this section to the department shall be deposited in the State Highway Maintenance Fund and may be expended, upon legislative appropriation, for any purpose for which other monies in such fund may be expended.
SECTION 116. Section 49-23-13, Mississippi Code of 1972, is amended as follows:
49-23-13. All persons,
partnerships, corporations or other business entities engaging in the outdoor
advertising business, except persons erecting signs for personal activities or
business, which includes but is not limited to the erection, maintenance and
selling of advertising space on and along the highways and public roads of
Mississippi, shall be required to provide the Mississippi * * *
Department of Transportation a bond under the rules and regulations as
promulgated by the * * * Mississippi Department of Transportation, but
provided said bond does not exceed One Thousand Dollars ($1,000.00) in amount.
SECTION 117. Section 49-23-17, Mississippi Code of 1972, is amended as follows:
49-23-17. (1) The
Mississippi Department of Transportation * * * is authorized to acquire by
purchase, gift or condemnation, all advertising devices and any property rights
pertaining thereto, when such advertising devices are required to be removed
under the provisions of Section 49-23-15. Just compensation shall be paid for
the acquisition and for the removal of any outdoor advertising lawfully erected
as defined in Section 131 of Title 23, United States Code, as amended, that is
required to be removed under the provisions of Section 49-23-15. The use of
amortization for whatever period shall not constitute just compensation.
(2) If any political subdivision or other governmental agency requires the removal of any outdoor advertising sign lawfully erected, just compensation shall be paid to the owner of the sign for the cost of removal plus the fair market value of the sign removed. The use of amortization for whatever period shall not constitute just compensation.
(3) Damages resulting from any taking in eminent domain shall be ascertained in the manner presently provided by law, or in such manner as the Legislature may hereafter provide, and shall be limited to:
(a) The taking from the owner of such sign, display or device of all right, title, leasehold and interest in such sign, display or device; and
(b) The taking from the owner of the real property on which the sign, display or device is located, of the right to erect and maintain such signs, displays and devices thereon, less enhancement of the property remaining by reason of removal of such sign, display or device and special benefits resulting therefrom.
(4) This section shall not apply to any on-premises sign ordinance adopted by a political subdivision or other governmental agency before May 15, 1992.
SECTION 118. Section 49-23-19, Mississippi Code of 1972, is amended as follows:
49-23-19. Any advertising
device or outdoor advertising erected which is contrary to the provisions of
Sections 49-23-1 through 49-23-29 or regulations lawfully adopted hereunder is
hereby declared to be a public nuisance. The * * * Mississippi
Department of Transportation shall give thirty (30) days' notice by
certified mail to the owner of such advertising device and landowner to remove
same if it is a prohibited device or cause it to conform to regulations if it
is an authorized device. Failure to receive the notice shall not prohibit the * * * Mississippi
Department of Transportation from removing the unlawful outdoor advertising
device. If the owner of the outdoor advertising device fails or refuses to
remove same within thirty (30) days as required in the notice, the * * * Mississippi
Department of Transportation may proceed to secure the removal of same as
authorized in Section 49-23-21.
SECTION 119. Section 49-23-21, Mississippi Code of 1972, is amended as follows:
49-23-21. In addition to the
remedies provided in Sections 49-23-1 through 49-23-29, Mississippi Code of
1972, and which may otherwise exist under the laws of this state, the * * * Mississippi
Department of Transportation is authorized to petition the chancery court
of any county where any unlawful or unauthorized outdoor advertising sign,
device or display may exist for injunctive or other appropriate relief. The
owner or owners of each and every outdoor advertising sign, device or display
shall be deemed to be doing business within this state in each and every county
in which such owner or owners shall have erected, or cause to be erected, or
maintained, and there shall continue to exist, an outdoor advertising sign,
device or display. Once jurisdiction over the parties is obtained, such
chancery court shall have such jurisdiction over the parties as is necessary in
order to determine if any of said owner or owners' outdoor advertising is in
violation of the provisions of this chapter, and to enforce the provisions of
this chapter, as to each and every outdoor advertising sign, device or display
of such owner or owners within this state, wheresoever located. However, any
such action shall be res adjudicata only as to the outdoor advertising signs,
devices or displays specifically made a part of such action; and the * * * Mississippi
Department of Transportation shall be authorized and empowered to maintain
any and all other actions as to other outdoor advertising of such owner or owners
wheresoever located, but not specifically made a part of a previous action.
The court may award costs of any action brought under this section, including
court costs, expenses and reasonable attorney's fees, to the prevailing party.
SECTION 120. Section 49-23-25, Mississippi Code of 1972, is amended as follows:
49-23-25. In order to
provide information in the specific interest of the traveling public, the * * * Mississippi
Department of Transportation is hereby authorized to maintain maps and to
permit informational directories and advertising pamphlets to be made available
at safety rest areas, and to establish information centers at safety rest areas
for the purpose of informing the public of places of interest within the state
and providing such other information as may be considered desirable.
SECTION 121. Section 49-23-27, Mississippi Code of 1972, is amended as follows:
49-23-27. The * * * Mississippi
Department of Transportation is hereby authorized to enter into agreements
with the United States Secretary of Commerce as provided by Title 23, United
States Code, relating to the control of outdoor advertising in areas adjacent
to the interstate and primary highway systems, including the establishment of
information centers at safety rest areas, and to take action in the name of the
state to comply with the terms of such agreement, provided that the * * * Mississippi
Department of Transportation shall not have power to enter into any
agreement calling for more restrictive control of outdoor advertising than that
provided for in Sections 49-23-1 through 49-23-29.
SECTION 122. Section 49-25-5, Mississippi Code of 1972, is amended as follows:
49-25-5. (a) The term "junk" shall mean old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.
(b) The term "automobile graveyard" shall mean any establishment or place of business which is maintained, used, or operated for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts.
(c) The term "junkyard" shall mean an establishment or place of business which is maintained, operated, or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.
(d) "Interstate
system" means that portion of the national system of interstate and
defense highways located within this state, as officially designated, or as may
hereafter be so designated, by the * * * Mississippi
Department of Transportation, and approved by the Secretary of Commerce,
pursuant to the provisions of Title 23, United States Code,
"Highway."
(e) "Primary
system" means that portion of connected main highways, as officially
designated, or as may hereafter be so designated, by the * * * Mississippi
Department of Transportation, and approved by the Secretary of Commerce,
pursuant to the provisions of Title 23, United States Code,
"Highways."
SECTION 123. Section 49-25-7, Mississippi Code of 1972, is amended as follows:
49-25-7. No person shall establish, operate, or maintain a junkyard, any portion of which is within one thousand (1,000) feet of the nearest edge of the right-of-way of any interstate or primary highway, except the following:
(a) Those which are screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main-traveled way of the system, or otherwise removed from sight.
(b) Those located within areas which are zoned for industrial use under authority of law.
(c) Those located
within unzoned industrial areas, which areas shall be determined from actual
land uses and defined by regulations to be promulgated by the * * * Mississippi
Department of Transportation.
(d) Those which are not visible from the main-traveled way of the system.
SECTION 124. Section 49-25-9, Mississippi Code of 1972, is amended as follows:
49-25-9. Any junkyard
lawfully in existence on June 16, 1966, which is within one thousand (1,000)
feet of the nearest edge of the right-of-way and visible from the main-traveled
way of any highway on the interstate or primary system shall be screened, if
feasible, by the * * * Mississippi Department of Transportation at
locations on the highway right-of-way or in areas acquired for such purposes
outside the right-of-way so as not to be visible from the main-traveled way of
such highways.
SECTION 125. Section 49-25-11, Mississippi Code of 1972, is amended as follows:
49-25-11. The * * * Mississippi
Department of Transportation shall have the authority to promulgate rules
and regulations governing the location, planting, construction and maintenance,
including the materials used in screening or fencing required by this chapter.
SECTION 126. Section 49-25-13, Mississippi Code of 1972, is amended as follows:
49-25-13. When the * * * Mississippi
Department of Transportation determines that the topography of the land adjoining
the highways will not permit adequate screening of junkyards, or the screening
of such junkyards would not be economically feasible, the * * * Mississippi
Department of Transportation shall have the authority to acquire by gift,
purchase, exchange, or condemnation such interests in lands as may be necessary
to secure the removal or disposal of the junkyards, and to pay just
compensation for the costs of relocation, removal or disposal thereof. When
the * * * Mississippi Department of Transportation
determines that it is in the best interest of the state, it may acquire such
lands, or interest in lands, outside highway rights-of-way as may be necessary
to provide adequate screening of such junkyards.
SECTION 127. Section 49-25-17, Mississippi Code of 1972, is amended as follows:
49-25-17. Any person,
partnership or corporation that seeks to establish, or establishes, a junkyard
within one thousand (1,000) feet of the nearest right-of-way line of any
interstate or primary highway that does not come within one or more of the
exceptions contained in Section 49-25-7, shall be guilty of a misdemeanor and,
upon conviction thereof, shall be fined not exceeding Five Hundred Dollars
($500.00) for any such offense. Each day's presence of the junkyard within the
prohibited distance shall be a separate offense for the purpose of the penalty
provision. In addition thereto, the * * * Mississippi
Department of Transportation may seek injunctive relief in the courts of
the county in which said junkyard may be located to abate the said nuisance and
to require the removal of all junk from the prohibited area.
SECTION 128. Section 49-25-21, Mississippi Code of 1972, is amended as follows:
49-25-21. The * * * Mississippi
Department of Transportation is hereby authorized to enter into agreements
with the United States Secretary of Commerce as provided by Title 23, United
States Code, relating to the control of junkyards in areas adjacent to the
interstate and primary systems, and to take action in the name of the state to
comply with the terms of such agreement.
SECTION 129. Section 55-3-33, Mississippi Code of 1972, is amended as follows:
55-3-33. (1) The Mississippi Department of Wildlife, Fisheries and Parks may:
(a) Take charge and have full jurisdiction and control over all state parks, which parks shall be operated for the purpose of providing outdoor recreational activities and enjoyment for the citizens of the State of Mississippi and for the purpose of attracting visitors to the state.
(b) Set up a uniform accounting procedure for the state parks and prescribe the manner in which books, records and accounts shall be kept, which procedure shall account for all monies taken in and expended by the various parks and shall provide for periodic audits of such books.
(c) Accept gifts, bequests of money or other property, real or personal, to be used for the purpose of advancing the recreation and conservation interests in state parks. The department is authorized, subject to approval by the State Legislature, to purchase property, real or personal, to be used for state park purposes.
(d) Contract with the * * * Mississippi Department of Transportation * * *, any municipality or board of
supervisors of the state for locating, constructing and maintaining roads and
other improvements in state parks and for payment of a part of the costs
thereof; however, no county or municipality more than twenty-five (25) miles distant
from a state park may contract for, or do, or pay for any such work for a state
park other than the International Gardens of Mississippi. Any county or
municipality authorized to assist financially under the provisions of Sections
55-3-31 through 55-3-51 is authorized, in the discretion of its respective
governing authority, to set aside, appropriate and expend monies from the
General Fund for the purpose of defraying such expense after a mandatory
election is held on the question within the county or municipality.
(e) Designate employees as peace officers with power to make arrests for infraction of the rules and regulations of the department. Such officers are authorized to carry weapons and to enforce the laws of the State of Mississippi within the confines of a state park.
(f) Enforce and delegate the responsibility to enforce all reasonable rules and regulations governing the occupancy and use of lands and waters in state parks under its jurisdiction, supply recreational and conservation facilities and charge fees for the use of same; review all rates and charges for facilities and accommodations furnished at the various state parks annually, making such charges as are justified; and establish fees for entrance to state parks.
(g) To periodically establish a discounted fee or fees for the entry and use of selected state parks and recreational facilities. The discounted fee or fees shall only be used for the purpose or purposes of marketing and promotion to increase the patronage and revenue of those selected parks and facilities. The discounted fee or fees shall not be considered a donation of state property.
Each park shall retain from revenues generated therein, a sum sufficient to pay necessary expenses of operation, but in no event to be less than seventy-five percent (75%) of such revenues.
(2) The department shall have the authority to lease to any entity, sell and convey or otherwise transfer to any county or municipality, or close any state park or historical site within its jurisdiction which received a general fund subsidy in fiscal year 1985 in excess of Two Dollars ($2.00) per visitor to such state park or historical site; provided, however, that this authority shall not include the authority to sell, lease or convey any park that was not in operation under the jurisdiction of the department for a full fiscal year prior to fiscal year 1986.
(3) The department may execute agreements with rails-to-trails and recreational districts by which the department will assume responsibility for the operation and maintenance of trails developed under Sections 55-25-1 through 55-25-15.
(4) (a) The department may contract with the electric public utility with a certificate of public convenience and necessity to serve the area where a state park is located for the transfer of ownership of the electrical infrastructure in the state park to that electric public utility.
(b) If the electric public utility enters into an agreement for the operation and maintenance of electrical facilities in a state park, the electric public utility may perform any upgrades to the electrical infrastructure of the park that are necessary for the electrical infrastructure to be in compliance with the electric public utility standards. The electric public utility may assess the costs of the upgrades to the department upon the terms and conditions agreed to by the department and the electric public utility.
(c) The department may contract with the electric public utility with the certificate of public convenience and necessity to serve the area for the erection, construction, maintenance, operation and control of electric distribution substations, electric transmission lines, electrical appurtenances, electrical appliances or electrical equipment necessary or useful in the operation or distribution of electric power or energy in the state park.
(d) Any agreement entered into by the department and an electric public utility under this subsection is exempt from the public purchasing requirements under Section 31-7-13.
SECTION 130. Section 55-5-7, Mississippi Code of 1972, is amended as follows:
55-5-7. The * * *
Mississippi Department of Transportation is hereby fully authorized to
convey and set over unto the United States government, or any of its subsidiary
departments when approved by the Governor of the State of Mississippi, any and
all rights of way or roads which it may own or possess or have authority over,
conveying same exclusively to the United States government or conveying joint
control thereof to the United States government for the purpose of aiding in
the location, building, construction and maintenance of a national highway or
parkway in the State of Mississippi.
SECTION 131. Section 55-5-19, Mississippi Code of 1972, is amended as follows:
55-5-19. The intent of this
section is to assent to any act of the United States Congress authorizing the
development of any national parkway located wholly or partly within the State
of Mississippi, to the full extent that is necessary to secure any benefits
under such act, provided that the hunting of migratory water fowl and other
game and fishing shall not be prohibited or otherwise restricted by the United
States government or any of its designated agencies in control of said
project. It is the further intent of this section to authorize the appropriate
state boards, commissions, and departments, and especially the * * * Mississippi
Department of Transportation, and the governing bodies of counties, cities,
towns and villages, to cooperate in the planning and development of all
national parkways that may be proposed for development in Mississippi, with any
agency or department of the government of the United States in which is vested
the necessary authority to construct or otherwise develop such national
parkways. Whenever authority shall exist for the planning and development of
any national parkway, of which any portion shall be located in this state, it
shall be the duty of the * * *state highway commission Mississippi Department of
Transportation to make such investigations and studies in cooperation with
the appropriate federal agency, and such state boards, commissions and
departments as shall have an interest in such parkway development, to the
extent that shall be desirable and necessary in order to provide that the state
shall secure all advantages that may accrue through such parkway development
and that the interests of the counties, cities, villages and towns along the
route shall be conserved.
SECTION 132. Section 55-5-23, Mississippi Code of 1972, is amended as follows:
55-5-23. The * * * Mississippi
Department of Transportation shall have full authority to make such
investigations, surveys, studies and plans in connection with any proposed
national parkway or parkway development as it shall deem necessary or desirable
in order to determine if the proposed development, under the terms of the act
of the United States Congress applicable to such parkway or any regulation,
under such act, are advantageous to the state. Such parkway development may be
any portion of the proposed parkway, which it may be proposed to construct as a
project under such act. The * * * Mississippi
Department of Transportation may hold such hearings in connection with such
investigations as it shall deem necessary or desirable, and shall give at least
seven (7) days' notice of such hearings by publication in at least two (2)
newspapers having general circulation in the locality.
SECTION 133. Section 55-5-25, Mississippi Code of 1972, is amended as follows:
55-5-25. When the * * * Mississippi
Department of Transportation has completed its investigations with respect
to any proposed national parkway development, it shall make its findings and
determination with respect to such proposed development. Such finding and
determination shall state whether or not such proposed national parkway
development is deemed advantageous to the state, shall include such information
with respect to the development as shall be necessary to state its character
and extent, and shall estimate the cost thereof and separately, the amount and
character of lands necessary to be acquired in fee simple and in easements,
with their cost, and needed to carry out the development.
SECTION 134. Section 55-5-27, Mississippi Code of 1972, is amended as follows:
55-5-27. If the * * * Mississippi
Department of Transportation, after such investigations and studies, shall
find that the proposed parkway development is advantageous to the state, it
shall have full authority to perform, on behalf of the state, each and every
duty required of the state by the act of the United States Congress applicable
to such parkway development, in order to secure the proposed development
project for the state. For the purposes of such development project, the
parkway shall be a portion of the state highway system. Any monies that may be
available for the improvement of the state highway system within any county may
be available for any proposed national parkway development within such county,
in the same manner as such monies shall be available for state highways. The
board of supervisors of any county may authorize the use of any monies
available to the county under any statutes, for the purposes of the proposed
parkway development to the same amount as for state highways under such
statutes. The board of supervisors may provide money for any national parkway
development project in the same manner and in the same amount as for state
highways, and any county bonds issued to provide funds for any such parkway
development shall be retired in the same manner as bonds issued for state
highways.
SECTION 135. Section 55-5-29, Mississippi Code of 1972, is amended as follows:
55-5-29. All lands for
right-of-way to be acquired in the fee simple and all easements
necessary to be acquired for the purposes of the proposed national parkway
development may be acquired by the * * * Mississippi
Department of Transportation in the name of the state, as may be required
by the act of the United States Congress applicable thereto. Any lands owned
by the state or by any county, city, village or town, may be conveyed to the
United States for the purposes of the parkway in the manner provided by law.
The * * * department
may acquire such lands by gift, purchase agreement, or by exercising the right
of eminent domain in any manner that may be provided by law for the acquirement
of lands for public purposes. The * * * department shall have
authority to convey such lands to the United States government or any of its
agencies, as may be required by the act of the United States Congress
applicable to such national parkway.
SECTION 136. Section 55-5-31, Mississippi Code of 1972, is amended as follows:
55-5-31. The * * * Mississippi
Department of Transportation shall not make any expenditures in furtherance
of Sections 55-5-19 through 55-5-33 unless specifically authorized to do so by
the Legislature.
SECTION 137. Section 55-5-33, Mississippi Code of 1972, is amended as follows:
55-5-33. All powers granted
in Sections 55-5-19 through 55-5-33 shall be liberally construed in favor of
the * * * Mississippi Department of Transportation and any
proposed national parkway development projects.
SECTION 138. Section 55-5-61, Mississippi Code of 1972, is amended as follows:
55-5-61. The Mississippi Department
of Transportation * * * shall designate one (1) employee of the Department of Transportation * * *
who is an engineer or
who has engineering experience, and the Mississippi Commission on Wildlife, Fisheries
and Parks shall appoint one (1) member of the Mississippi Department of
Wildlife, Fisheries and Parks staff, who shall advise with and assist the department
and commission in carrying out its functions and duties under Sections 55-5-51
through 55-5-63.
SECTION 139. Section 55-5-63, Mississippi Code of 1972, is amended as follows:
55-5-63. The * * * Mississippi
Department of Transportation is hereby authorized and directed to erect and
maintain signs designating the route of the Great River Road through
Mississippi. The signs used to designate the route shall be the standard marker
developed and approved for the Great River Road by the National Commission.
SECTION 140. Section 55-13-1, Mississippi Code of 1972, is amended as follows:
55-13-1. There is hereby created a Natchez Trace Parkway Right-of-Way Commission, which shall consist of three (3) members to be appointed by the Governor. Only qualified electors who are citizens of the State of Mississippi shall be eligible to serve on said commission.
The said commission shall have the power and the authority to deal with the boards of supervisors of the several counties through which said parkway runs, with the governing authorities of the municipalities through which said parkway runs, and with the * * * Mississippi Department of Transportation, and other state authorities, in procuring rights-of-way for the said parkway, satisfactory to the United States government and the agencies thereof in charge of the location and construction of the Natchez Trace Parkway.
The said commission shall serve without pay and shall exist and function so long as is necessary to effectuate its purposes. When its purposes and duties have been accomplished, said commission shall be dissolved by order of the Governor.
SECTION 141. Section 55-13-3, Mississippi Code of 1972, is amended as follows:
55-13-3. Whereas the United
States government is about to undertake the construction of the Natchez Trace,
which will be a highway in the State of Mississippi, and have in conjunction
therewith a parkway, which highway will extend through the State of Mississippi
for approximately three hundred (300) miles and will entail an
expenditure on the part of the federal government of not less than Twelve
Million Dollars ($12,000,000.00) provided that the United States government is
supplied by the state or counties through which said Natchez Trace highway and
parkway extends free rights-of-way, together with certain scenic easements
along said right-of-way and parkway, the * * *
Mississippi Department of Transportation is hereby authorized and
empowered to make use out of any available funds which it may have on hand or
obtain such * * *
monies as may be necessary for the purchase of lands and lease scenic
easements for the Natchez Trace Parkway in the State of Mississippi or any
other United States parkway project in the State of Mississippi which may be
undertaken by the United States government. Said lands, when obtained by the * * * Mississippi
Department of Transportation either through purchase, gift or otherwise,
may be given free to the United States or some of its subsidiary subdivisions
on such terms and conditions as the United States government may demand and the
State of Mississippi accede to.
SECTION 142. Section 55-13-9, Mississippi Code of 1972, is amended as follows:
55-13-9. The * * * Mississippi
Department of Transportation, for the purpose of acquiring lands as set
forth in Sections 55-13-3 through 55-13-11, may pay one-half (1/2) the
cost of said lands so acquired by purchase or condemnation only * * * an event the county in which the land
is purchased or condemned first contributes its one-half (1/2) of such
costs.
SECTION 143. Section 55-13-13, Mississippi Code of 1972, is amended as follows:
55-13-13. Whenever the
Governor of the State of Mississippi and the * * * Mississippi Department of
Transportation shall deem it to the best interest of the State of
Mississippi to proceed to purchase additional right-of-way for the Natchez
Trace Parkway so that such rights-of-way may be available for any
contemplated or proposed appropriation to be made by the United States
government looking toward the completion of such Natchez Trace Parkway, then
the * * * Mississippi Department of Transportation
is authorized, directed and empowered to proceed to purchase such additional
rights-of-way as the said * * *Mississippi Highway Commission Mississippi Department of
Transportation and the Governor of the State of Mississippi may deem
necessary. That the cost of such right-of-way for Natchez Trace Parkway,
including the making of surveys and the preparation of plans and specifications
and eminent domain proceedings and other necessary expenses shall be paid out
of the proceeds of the funds made available for road construction under Laws of
1946, Chapter 186, or out of funds made available to the * * * Mississippi
Department of Transportation out of the gasoline tax or out of any other
funds made available for use by the * * * Mississippi
Department of Transportation, whether the same be for construction or
maintenance or for any other purpose.
SECTION 144. Section 55-13-15, Mississippi Code of 1972, is amended as follows:
55-13-15. Whereas, the federal government has allocated to the State of Mississippi for the construction of the Natchez Trace Parkway several millions of dollars; and
Whereas, said Natchez Trace Parkway is to be a paved highway of scenic beauty and of great value to the State of Mississippi; and
Whereas, by Sections 55-5-1
through 55-5-17, and Sections 55-13-3 through 55-13-11, the * * * Mississippi
Department of Transportation and the counties through which the Natchez
Trace is to run were authorized to acquire by purchase or condemnation the
right-of-way necessary for the Natchez Trace highway, parkway and scenic public
parks, and to pay for such right-of-way in the proportion of one-half (1/2)
by the several counties and one-half (1/2) by the * * * Mississippi
Department of Transportation; and
Whereas, the * * * Mississippi
Department of Transportation by order on its minutes has declared that it
will expend not in excess of Two Hundred Thousand Dollars ($200,000.00) for the
purchase of its part of such right-of-way; and
Whereas, it is necessary
under the rules and regulations of the federal government that this right-of-way
be obtained and paid for by the State of Mississippi and conveyed by warranty
deed to the United States of America prior to the expenditure of any federal
funds for the construction of said trace * * *:
Now, therefore, in order to
carry out the regulations and rules of the federal government, and in order
that the benefit of the federal government's financial assistance may be
realized for this work, the following additional powers, rights and duties are
hereby conferred upon the * * * Mississippi
Department of Transportation and the several counties through which said
trace is to run, and Sections 55-13-17 through 55-13-29 are hereby enacted.
SECTION 145. Section 55-13-17, Mississippi Code of 1972, is amended as follows:
55-13-17. The Natchez Trace highway, parkway and scenic public parks to be constructed within the State of Mississippi is hereby made a part of the state highway system, and full jurisdiction over the same is hereby conferred upon the * * * Mississippi Department of Transportation for the purpose of assisting the agents and employees of the federal government in the making of surveys, the preparing of maps, both topographical and descriptive, the preparing of deeds, the purchasing of
right-of-way, the filing of condemnation suits and the obtaining of right-of-way for said Natchez Trace.
The * * * Mississippi
Department of Transportation is further authorized and empowered to make
surveys, prepare maps, deeds and plats and to receive on behalf of and in the
name of the State of Mississippi the fee simple title to any land necessary for
the construction of the said Natchez Trace highway and parkway and to receive scenic
easements through, over, on and across land necessary for scenic public parks
along said Natchez Trace.
The * * * Mississippi
Department of Transportation is hereby authorized and empowered to obtain
by purchase, condemnation or otherwise, any land which is necessary for the
Natchez Trace highway, parkway and scenic public parks, and to pay for the same
as provided in Section 55-13-19.
SECTION 146. Section 55-13-19, Mississippi Code of 1972, is amended as follows:
55-13-19. In order to carry
out the purposes and provisions of Section 55-13-17, the * * * Mississippi
Department of Transportation is hereby authorized and empowered, in its
discretion, to expend a sum of money not to exceed Two Hundred Thousand
Dollars ($200,000.00) to be used in the making of preliminary surveys, final
surveys, the preparing of maps, plats and deeds, the purchasing of right-of-way,
the payment of condemnation awards, and the doing of all things incidental and
necessary to the obtaining of right-of-way for the said Natchez Trace,
including the employing of necessary personnel to carry out the provisions of
said section. However, nothing in this section shall obligate the * * * Mississippi
Department of Transportation to expend more than Two Hundred Thousand
Dollars ($200,000.00) for the purposes herein provided.
SECTION 147. Section 55-13-20, Mississippi Code of 1972, is amended as follows:
55-13-20. The
Mississippi Department of Transportation * * * is authorized to acquire by purchase
or eminent domain the right-of-way and scenic easements it considers
appropriate to complete the terminus of the Natchez Trace Parkway in Natchez,
Mississippi, and to transfer such right-of-way to the United States of America
for the construction of the Natchez Trace Parkway.
SECTION 148. Section 55-13-21, Mississippi Code of 1972, is amended as follows:
55-13-21. The * * * Mississippi Department of
Transportation is hereby authorized to call upon the Attorney General, or
any district attorney in his district, or any county attorney in his county, to
assist in the preparation and trial of any condemnation suit for right-of-way
for the Natchez Trace, and it is further authorized to pay the actual and
necessary traveling expenses of any such officer assisting in any such suit.
SECTION 149. Section 55-13-23, Mississippi Code of 1972, is amended as follows:
55-13-23. Whenever it is
found necessary to obtain by purchase or condemnation any right-of-way for the
Natchez Trace highway, parkway or scenic public park, and there is upon such
land a growth of standing, merchantable timber, the * * * Mississippi Department of
Transportation and the counties acquiring such land are hereby authorized,
in their discretion, to pay a premium of not more than twenty percent (20%) in
addition to the cash market value of such standing, merchantable timber for all
of said timber which is left standing on the said right-of-way on the date of
its acquisition.
SECTION 150. Section 55-13-27, Mississippi Code of 1972, is amended as follows:
55-13-27. In order to carry
out the purposes of Sections 55-13-15 through 55-13-29, all of the provisions,
rights and powers granted the * * * Mississippi Department of
Transportation, and the several counties by any general condemnation law of
the State of Mississippi, are hereby conferred upon the * * * Mississippi Department of
Transportation and the several counties through which said trace is
to run, and the following additional powers are also hereby granted:
(a) The right to go on
private property for the purpose of making preliminary surveys and measurements
for the ascertaining of the exact location and description of the land to be
acquired for the Natchez Trace, is hereby granted to agents and employees of
the several counties, the * * *State Highway Commission Mississippi Department of
Transportation and the federal government.
(b) Immediately upon the payment of any award to the property owner or to the chancery clerk, as the case may be, the fee simple title to any such land acquired by condemnation shall pass to the condemnor.
(c) The * * * Mississippi
Department of Transportation and the several counties through which the
trace is to run are hereby authorized to condemn right-of-way for said trace on
behalf of and in the name of the State of Mississippi, and as soon as the fee
simple title, as above provided, vests in the State of Mississippi, the
Governor is hereby authorized to execute a conveyance by warranty deed to the
United States government of any such land so acquired.
SECTION 151. Section 55-13-37, Mississippi Code of 1972, is amended as follows:
55-13-37. The * * * Mississippi
Department of Transportation shall have authority to make and promulgate
rules and regulations necessary for carrying out the provisions of Sections 55-13-33
through 55-13-45.
SECTION 152. Section 55-15-81, Mississippi Code of 1972, is amended as follows:
55-15-81. (1) None of the following items, structures or areas may be relocated, removed, disturbed, altered, renamed or rededicated: any Revolutionary War, War of 1812, Mexican-American War, War Between the States, Spanish-American War, World War I, World War II, Korean War, Vietnam War, Persian Gulf War, War in Iraq or Native American War's statues, monuments, memorials or nameplates (plaques), which have been erected on public property of the state or any of its political subdivisions, such as local, municipal or county owned public areas, and any statues, monuments, memorials, nameplates (plaques), schools, streets, bridges, buildings, parks preserves, reserves or other public items, structure or areas of the state or any of its political subdivisions, such as, local, municipal or county owned public areas, which has been dedicated in memory of, or named for, any historical military figure, historical military event, military organization or military unit.
(2) No person may prevent the public body responsible for maintaining any of the items, structures or areas described above from taking proper measures and exercising proper means for the protection, preservation, care, repair or restoration of those items, structures or areas. The governing body may move the memorial to a more suitable location if it is determined that the location is more appropriate to displaying the monument.
(3) This section shall not
apply to items, structures or areas located on property owned or acquired by
the Mississippi Department of Transportation * * * which may interfere with the
construction, maintenance or operation of public transportation facilities.
SECTION 153. Section 55-23-15, Mississippi Code of 1972, is amended as follows:
55-23-15. The Mississippi Veterans Memorial Stadium Commission is hereby authorized to utilize certain state-owned land in Hinds County bounded on the east by North State Street, on the north by Taylor Street, on the west by North West Street, and on the south by a street or driveway known as Stadium Drive as a public parking facility establishing reasonable rules and regulations connected with the operation of such a facility, including fees for the privilege of parking. The parking facilities shall not be extended any farther to the east than as the facilities existed on January 1, 1996. Further, the portion of the property described in this section, except the property west of the stadium between the stadium and North West Street, that was undeveloped as of January 1, 1996, shall remain undeveloped unless the Legislature enacts legislation approving the development of such property. The portion of the property described in this section that is west of the stadium between the stadium and North West Street may be developed to provide parking facilities for the Mississippi Department of Transportation offices located on North West Street. The Mississippi Veterans Memorial Stadium Commission may take any action authorized in Section 55-23-8 relating to the property described in such section.
The Mississippi Veterans
Memorial Stadium Commission is authorized to lease such property to the
Mississippi Department of Transportation * * * for parking facilities for Mississippi
Department of Transportation offices, notwithstanding the time limitation on
leases or other agreements provided in Section 55-23-8(9).
SECTION 154. Section 55-25-6, Mississippi Code of 1972, is amended as follows:
55-25-6. (1) The rules and regulations adopted by the Rails-to-Trails Recreational District shall be published once a week for two (2) consecutive weeks in a newspaper qualified to publish legal notices in each county that is a member of the district. When rules and regulations have been adopted by the district in accordance with Section 55-25-5 and have been published as required by this section, such rules and regulations shall have the force and effect of general law, and any violation of such rules and regulations shall constitute a misdemeanor punishable, upon conviction, by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment.
(2) Any recreational
facility developed and operated pursuant to this chapter, specifically
including Section 55-25-5(f), shall constitute a public highway, and all
applicable rules and regulations of the Mississippi Department of Transportation * * *
and other state
agencies shall be enforceable on such recreational facilities. However, no
motor vehicle may be operated or used on such recreational facility except law
enforcement vehicles, emergency vehicles, maintenance vehicles or other vehicles
authorized by the district.
(3) Any municipality, which is a member of a Rails-To-Trails Recreational District, shall enforce the rules and regulations of the district in that part lying within the municipality and may authorize its municipal law enforcement personnel to assist the district in the enforcement of the district rules and regulations in any area of the district lying no more than five (5) miles outside the corporate limits of the municipality.
SECTION 155. Section 57-43-3, Mississippi Code of 1972, is amended as follows:
57-43-3. The * * *
Commissioner of Transportation * * * may enter into agreements with railroads, the United
States government, persons, municipalities, counties, local railroad
authorities or regional railroad authorities for carrying out the purposes of
this chapter. Agreements entered into between the executive director and
railroad corporations pursuant to this chapter may require payment by the
railroad corporation of a portion of revenue derived from the improved rail
line into the Railroad Revitalization Fund and to users who have paid a portion
of the cost of the improved line. Any agreement between the executive director
and a railroad corporation shall also include a condition that, as a
prerequisite to its receipt of any monies available under this chapter, a
railroad corporation agrees not to abandon any section of line on which such
monies are to be spent until all of the monies expended on such section out of
the Railroad Revitalization Fund have been replaced. The board of supervisors
of a county and the governing authority of a municipality may enter into an
agreement with the Mississippi Department of Transportation to receive a
portion of the payments made by a railroad corporation to the Railroad
Revitalization Fund pursuant to this chapter. The amount received by a county
or municipality shall not exceed the amount appropriated to the Railroad
Revitalization Fund by the county or municipality pursuant to this chapter.
SECTION 156. Section 57-43-11, Mississippi Code of 1972, is amended as follows:
57-43-11. The * * *
Commissioner of Transportation * * * may enter into agreements for the purposes of this
chapter whereby the state shall provide, from the state portion of the funds
available, not more than seventy-five percent (75%) of the amounts necessary to
rehabilitate or improve a rail line or segment thereof which has been
documented as being viable and cost-effective, provided at least twenty-five
percent (25%) of the cost is provided by federal, local, user or railroad funds.
The portion to be provided by local governmental agencies may be in the form of
a loan from the Railroad Revitalization Fund, with repayment being made by a
portion of the revenue derived from the improved line or by a pledge of certain
other funds. Any loan shall be made at no interest, provided payments are made
in accordance with the agreement. Any portion of a loan outstanding during any
delinquency shall bear interest at the legal rate on the entire balance due.
In the event that a loan made to a county or municipality has not been repaid
or arrangements satisfactory to the Mississippi Department of
Transportation * * * have not been made to repay the loan within a period of time after
same is due and payable, as determined by the department, the department shall
determine that there is a default, shall enter an order to that effect upon its
official minutes, and send a certified copy of said order by certified mail,
postage prepaid, to the chancery clerk or city clerk, as the case may be. If
said default is not satisfied in full within thirty (30) days following
notification of default by the department, the county or municipality, as the
case may be, shall forfeit its right to receive reimbursement for homestead
exemption until such time as its indebtedness has been discharged or
arrangements to discharge said indebtedness satisfactory to the department have
been made. Homestead exemption funds forfeited hereby shall, upon demand by
the department made in writing upon the Mississippi State Tax Commission, be
paid to the Mississippi Department of Transportation * * *
and applied to the
discharge of the obligation.
SECTION 157. Section 57-43-15, Mississippi Code of 1972, is amended as follows:
57-43-15. (1) There is established within the Railroad Revitalization Fund a new account to be entitled the Mississippi Highway-Railroad Grade Crossing Safety Account. The account shall be administered by the Mississippi Department of Transportation and shall consist of:
(a) Such monies as are transferred to it on July 1, 2001, from the Mississippi Grade Crossing Closure Account;
(b) Thirty-five percent (35%) of collections from the locomotive fuel tax imposed under Section 27-59-307 for the previous year; and
(c) Monies transferred to it from the Railroad Revitalization Fund, pursuant to the provisions of Section 2 of Chapter 497, Laws of 2009.
Unexpended amounts remaining in the account at the end of a fiscal year shall not lapse into the State General Fund; and any interest earned on amounts in the account shall be deposited to the credit of the account.
(2) The Mississippi Department
of Transportation * * *, after consulting with the railroads operating in
Mississippi, shall promulgate rules to ensure equitable allocation of the funds
described in subsection (1) of this section to projects throughout the state,
and shall consider the proportionate number of main line track miles of each
railroad and the number of public roadway/railroad grade crossings on each
railroad's main line. Expenditure of monies from the Mississippi Highway-Railroad
Grade Crossing Safety Account shall be limited to the following purposes:
(a) Financial aid for closure of public roadway/railroad grade crossings;
(b) Realignment of construction costs of roadways being rerouted to facilitate a closure of a public roadway/railroad grade crossing;
(c) Monies to match federal or other funds for a grade separation eliminating an at-grade crossing of a public roadway and railroad;
(d) Installation,
maintenance or upgrade of highway-railroad grade crossing signals, at the
discretion of the Mississippi Department of Transportation * * *, based upon the Federal Railroad
Administration ranking of all Mississippi highway-railroad grade crossings.
Not less than ten percent (10%) of the monies necessary to defray the costs of
such installations must be federal funds;
(e) Separation of grades of highway/railroad crossings;
(f) Improvement of any grade crossing including the necessary roadway approaches thereto of any railroad across a public road highway;
(g) Construction, reconstruction, repair or replacement of the grade crossing surface structure; and
(h) Installation of an automatic advance warning signal alerting a motorist that a grade crossing is ahead.
(3) The Mississippi Department of Transportation shall consider all requests from the state's diagnostic review of public roadway/railroad grade crossings and from individual railroads for expenditure of funds for the purposes described in subsection (2) of this section, and shall establish uniform criteria and guidelines relating to such crossings and the expenditure of funds.
SECTION 158. Section 57-75-22, Mississippi Code of 1972, is amended as follows:
57-75-22. Any highways or
highway segments constructed or improved by the Mississippi Department of
Transportation under the provisions of this chapter for a project as defined in
Section 57-75-5(f)(iv) shall become a state highway and shall be placed under
the jurisdiction of the Mississippi Department of Transportation * * *
for construction and
maintenance.
SECTION 159. Section 61-1-3, Mississippi Code of 1972, is amended as follows:
61-1-3. For the purpose of the laws of this state relating to aeronautics the following words, terms and phrases shall have the meanings herein given, unless otherwise specifically defined, or unless another intention clearly appears, or the context otherwise requires:
(a) "Aeronautics" means transportation by aircraft; the operation, construction, repair or maintenance of aircraft, aircraft power plants and accessories; the design, establishment, construction, extension, operation, improvement, repair or maintenance of airports or other air navigation facilities, including, but not limited to, privately-owned airports that are open to the general public and are otherwise eligible to receive federal funds; and air instruction;
(b) "Aircraft" means any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air;
(c) "Public aircraft" means an aircraft exclusively in the service of any government or of any political subdivision thereof, including the government of any state, territory or possession of the United States or the District of Columbia, but not including any government-owned aircraft engaged in carrying persons or property for commercial purposes;
(d) "Civil aircraft" means any aircraft other than a public aircraft;
(e) "Airport" means any area of land or water which is designed for the landing and take off of aircraft, whether or not facilities are provided for the shelter, servicing or repair of aircraft, or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities, and all appurtenant rights-of-way, whether heretofore or hereafter established;
(f) "Commission" means the Mississippi Transportation Commission;
(g) "State" or "this state" means the State of Mississippi;
(h)
"Director" means the Executive Director of the Mississippi Department
of Transportation or his designee * * *;
(i) "Air navigation" means the operation or navigation of aircraft in the air space over this state, or upon any airport within this state;
(j) "Operation of aircraft" or "operate aircraft" means the use of aircraft for the purpose of air navigation, and includes the navigation or piloting of aircraft. Any person who causes or authorizes the operation of aircraft, whether with or without the right of legal control (in the capacity of owner, lessee, or otherwise) of the aircraft, shall be deemed to be engaged in the operation of aircraft within the meaning of the statutes of this state;
(k) "Person" means any individual, firm, partnership, corporation, company, association, joint-stock association or body politic, and includes any trustee, receiver, assignee or other similar representative thereof;
(l) "Navigable air space" means air space above the minimum altitudes of flight prescribed by the laws of the United States;
(m) "Municipality" means any county, incorporated city, village or town of this state and any other political subdivision or district in this state which is or may be authorized by law to acquire, establish, construct, maintain, improve and operate airports and other air navigation facilities;
(n) The Mississippi Aeronautics Chart, published annually, will identify "private airport," and if an airport is open to the public, as determined by the owner, the chart will note "open to the public" under the airport identifier.
The singular shall include the plural, and the plural the singular.
SECTION 160. Section 61-1-33, Mississippi Code of 1972, is amended as follows:
61-1-33. No municipality in
this state, whether acting alone or jointly with another municipality, or with
the state, shall submit to any federal agency or department of the United
States any project application under the provisions of any act of Congress
which provides airport planning funds or airport construction and development
funds for the expansion and improvement of the airport system unless the
project and project application have been first approved by the Mississippi Department
of Transportation * * *.
SECTION 161. Section 61-3-25, Mississippi Code of 1972, is amended as follows:
61-3-25. An authority is authorized to accept, receive, receipt for, disburse, and expend federal and state monies and other monies, public or private, made available by grant or loan or both, to accomplish, in whole or in part, any of the purposes of this chapter. All federal monies accepted under this section shall be accepted and expended by the authority upon such terms and conditions as are prescribed by the United States and as are consistent with state law. All state monies accepted under this section shall be accepted and expended by the authority upon such terms and conditions as are prescribed by the state.
An authority is authorized
to designate the Mississippi Department of Transportation * * *
as its agent to accept,
receive, receipt for, and disburse federal and state monies, and other monies,
public or private, made available by grant or loan or both, to accomplish in
whole or in part, any of the purposes of this chapter, and an authority is
authorized to designate such * * * department as its agent in
contracting for and supervising the planning, acquisition, development,
construction, improvement, maintenance, equipment or operation of any airport or
other air navigation facility. An authority may enter into an agreement with
the * * * department
prescribing the terms and conditions of the agency in accordance with such
terms and conditions as are prescribed by the United States, if federal money
is involved, and in accordance with the applicable laws of this state. All
federal monies accepted under this section by the * * * department shall be accepted
and transferred or expended by such * * * department upon such terms
and conditions as are prescribed by the United States. All monies received by
the * * * department
pursuant to this paragraph shall be deposited in the State Treasury, and unless
otherwise prescribed by the agency from which such monies were received, shall
be kept in separate funds designated according to the purposes for which the
monies were made available, and held by the state in trust for such purpose.
SECTION 162. Section 61-5-15, Mississippi Code of 1972, is amended as follows:
61-5-15. Every municipality is authorized to accept, receive, receipt for, disburse and expend federal and state monies and other monies, public or private, made available by grant or loan or both to accomplish, in whole or in part, any of the purposes of the Municipal Airport Law. All federal monies accepted under this section shall be accepted and expended by the municipality upon such terms and conditions as are prescribed by the United States and as are consistent with state law. All state monies accepted under this section shall be accepted and expended by the municipality upon such terms and conditions as are prescribed by the state. All local government monies accepted under this section shall be accepted and expended by the municipality upon such terms and conditions as are prescribed by the local government. Unless otherwise prescribed by the agency from which such monies were received, the chief financial officer of the municipality shall on its behalf deposit all monies received pursuant to this section and shall keep them, in separate funds designated according to the purposes for which the monies were made available, in trust for such purposes.
Every municipality is
authorized to designate the Mississippi Department of Transportation * * *
as its agent to accept,
receive, receipt for, and disburse federal, state and local government monies
and other monies, public or private, made available by grant or loan or both,
to accomplish in whole or in part, any of the purposes of the Municipal Airport
Law. Every municipality is authorized to designate such * * *
department as
its agent in contracting for and supervising the planning, acquisition,
development, construction, improvement, maintenance, equipment or operation of
any airport or other air navigation facility. Every municipality may enter
into an agreement with the * * * department prescribing the
terms and conditions of the agency in accordance with such terms and conditions
as are prescribed by the United States, if federal money is involved, and in
accordance with the applicable laws of this state. All federal monies accepted
under this section by such * * * department shall be accepted
and transferred or expended by the * * * department upon such terms
and conditions as are prescribed by the United States. All monies received by
such * * * department
pursuant to this paragraph shall be deposited in the State Treasury, and unless
otherwise prescribed by the agency from which such monies were received, shall
be kept in separate funds designated according to the purposes for which the
monies were made available, and held by the state in trust for such purposes.
SECTION 163. Section 63-2-5, Mississippi Code of 1972, is amended as follows:
63-2-5. The Department of Public Safety shall initiate an education program designed to encourage the use of safety belts with emphasis on the effectiveness of safety belts, the monetary savings and other benefits to the public. Funds for such educational program shall be made available through the office of the Governor's representative for highway safety programs.
The * * * Mississippi
Department of Transportation is authorized * * * to erect signs
along the highways of this state notifying the traveling public that
Mississippi is a mandatory seat-belt-use state.
The * * * Mississippi Department
of Transportation shall provide notices of the requirement for safety belt
use which shall accompany the delivery of a passenger motor vehicle license tag
or decal.
SECTION 164. Section 63-3-303, Mississippi Code of 1972, is amended as follows:
63-3-303. The Commissioner of Public Safety and the * * * Mississippi Department of Transportation shall place and maintain such traffic-control devices conforming to its manual and specifications, upon all state and county highways as it shall deem necessary to indicate and to carry out the provisions of this chapter or to regulate, warn, or guide traffic.
No local authority shall
place or maintain any traffic-control device upon any highway under the
jurisdiction of the Commissioner of Public Safety and the * * * Mississippi
Department of Transportation except by the latter's permission.
SECTION 165. Section 63-3-305, Mississippi Code of 1972, is amended as follows:
63-3-305. Local authorities in their respective jurisdictions shall place and maintain such traffic control devices upon highways under their jurisdiction as they may deem necessary to indicate and to carry out the provisions of this chapter or provisions of local traffic ordinances or to regulate, warn, or guide traffic. All such traffic-control devices hereafter erected shall conform to the state manual and specifications.
Local authorities in
exercising those functions referred to in the preceding paragraph shall be
subject to the direction and control of the * * * Mississippi
Department of Transportation.
SECTION 166. Section 63-3-307, Mississippi Code of 1972, is amended as follows:
63-3-307. The * * * Mississippi
Department of Transportation is hereby authorized, in its discretion, to
place amber reflectors on each end and on both sides of all bridges on all
roads on the state highway system, which will permit a person to see such
reflectors so that he might know that he is about to approach a bridge.
SECTION 167. Section 63-3-317, Mississippi Code of 1972, is amended as follows:
63-3-317. (1) No person
shall place, maintain, or display upon or in view of any highway any
unauthorized sign, signal, marking or device which purports to be or is an
imitation of or resembles an official traffic-control device or railroad sign
or signal, or which attempts to direct the movement of traffic, or which hides
from view or interferes with the effectiveness of any official traffic-control
device or any railroad sign or signal. No person shall place or maintain and
no public authority shall permit upon any highway any traffic sign or signal
bearing thereon any commercial advertising, or any billboard or advertising
sign of any kind or description, except that motorist services business signs
and supports which are authorized by the * * * Mississippi
Department of Transportation pursuant to Section 65-1-8 may be placed and
maintained within state highway rights-of-way. This shall not be deemed to
prohibit the erection upon private property adjacent to highways of signs
giving useful directional information and of a type that cannot be mistaken for
official signs provided that said signs are not erected closer than fifty (50)
feet to the center line of state highways.
(2) Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed after ten (10) days' notice to the owner thereof by registered letter or otherwise.
SECTION 168. Section 63-3-501, Mississippi Code of 1972, is amended as follows:
63-3-501. Except as otherwise provided in this section, no person shall operate a vehicle on the highways of the state at a speed greater than sixty-five (65) miles per hour.
The Mississippi Department
of Transportation * * * may, in its discretion, by order duly entered on its minutes,
increase the speed restrictions on any portion of the Interstate Highway System
provided such speed restrictions are not increased to more than seventy (70)
miles per hour. The * * * department may likewise increase the speed limit to seventy
(70) miles per hour on controlled access highways with four (4) or more lanes.
A governmental entity that operates and maintains a toll road as authorized under Section 65-43-1, or that contracts with some person or business to operate and maintain a toll road as authorized under Section 65-43-3, may establish the maximum speed for motor vehicles operated on any such toll road; however, the maximum speed so established may not exceed eighty (80) miles per hour.
SECTION 169. Section 63-3-503, Mississippi Code of 1972, is amended as follows:
63-3-503. Whenever the * * * Mississippi
Department of Transportation shall determine upon the basis of an
engineering and traffic investigation that any speed set forth in Section 63-3-501
is greater than is reasonable or safe under the conditions found to exist at
any intersection or other place or upon any part of a highway, said * * *
department shall
determine and declare a reasonable and safe speed limit thereat which shall be
effective when appropriate signs giving notice thereof are erected at such
intersection or other place or part of highway.
Whenever the * * * Mississippi
Department of Transportation determines that speed limits set forth in
Section 63-3-501 are different from those speeds set forth in applicable laws
of the federal government, then said * * * department may declare a
speed limit which is consistent with such laws and which shall be effective
immediately upon adoption by the * * * department. Appropriate signs
giving notice of the adopted speed limits shall be erected upon order of the * * *
department.
The maximum fine and
sentence to be imposed for a violation of excessive speed above the maximum
limits set by the * * * Mississippi Department of Transportation
pursuant to the authority granted by this section shall be one-half (1/2) the
fine and sentence imposed by Section 63-9-11 if the excessive speed does not
exceed the maximum limits imposed by Section 63-3-501.
SECTION 170. Section 63-3-511, Mississippi Code of 1972, is amended as follows:
63-3-511. Whenever local authorities, including boards of supervisors, within their respective jurisdictions, determine upon the basis of an engineering and traffic investigation that the speed permitted under this article on any street, or any county road or any portion thereof, or at any intersection is greater than is reasonable or safe under conditions found to exist upon such street, or any county road or any portion thereof, or at such intersection, such local authorities shall determine and declare, by ordinance, a reasonable and safe speed limit, which shall be effective when appropriate signs giving notice thereof are erected on such street, or any county road or any portion thereof, or at such intersection, or upon the approaches thereto. However, no speed limit shall be fixed by any such local authorities at less than fifteen (15) miles per hour.
The Commissioner of Corrections is authorized to establish by regulation reasonable and safe speed limits upon the roads of the correctional facilities under his jurisdiction which shall be effective when appropriate signs giving notice thereof are erected. Speed limits may be based upon road or traffic conditions or upon security considerations.
Provided, however, that
whenever the * * * Mississippi Department of Transportation
shall, pursuant to Section 63-3-503, lower the maximum speed limit in response
to federal laws, regulations or guidelines for purposes of energy conservation,
local authorities, including boards of supervisors, shall immediately lower
maximum speed limits on local highways, not to exceed a maximum speed of fifty-five
(55) miles per hour.
SECTION 171. Section 63-3-513, Mississippi Code of 1972, is amended as follows:
63-3-513. The * * * Mississippi
Department of Transportation upon request from any local authority shall,
or upon its own initiative may, conduct an investigation of any bridge or other
elevated structure constituting a part of a highway, and if it shall thereupon
find that such structure cannot with safety to itself withstand vehicles
traveling at the speed otherwise permissible under this article, the * * *
department shall
determine and declare the maximum speed of vehicles which such structure can
withstand, and shall cause or permit suitable signs stating such maximum speed
to be erected and maintained at a distance of one hundred feet before each end
of such structure.
No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when such structure is signposted as provided in this section.
Upon the trial of any
person, charged with a violation of this section, proof of said determination
of the maximum speed by said * * * department and the existence
of said signs shall constitute conclusive evidence of the maximum speed which
can be maintained with safety to such bridge or structure.
SECTION 172. Section 63-3-611, Mississippi Code of 1972, is amended as follows:
63-3-611. (1) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within one hundred (100) feet of any vehicle approaching from the opposite direction.
(2) No vehicle shall, in overtaking and passing another vehicle or at any other time, be driven to the left side of the roadway under the following conditions:
(a) When approaching the crest of a grade or upon a curve in the highway where the driver's view along the highway is obstructed;
(b) When approaching within one hundred (100) feet of any marked or readily distinguishable bridge, viaduct or tunnel on any roadway other than a four-lane roadway;
(c) When approaching within one hundred (100) feet of or traversing any marked or readily distinguishable intersection or railroad grade crossing;
(d) When official
signs are in place directing that traffic keep to the right, or a distinctive
center line is marked, which distinctive line also so directs traffic as
declared in the sign manual adopted by the * * * Mississippi Department of Transportation * * *.
SECTION 173. Section 63-3-1001, Mississippi Code of 1972, is amended as follows:
63-3-1001. (1) The * * * Mississippi
Department of Transportation with reference to state highways, and local
authorities with reference to other highways under their jurisdiction, may
designate through highways and erect stop signs at specified entrances thereto
or may designate any intersection signs at specified entrances thereto or may
designate any intersection as a stop intersection and erect like signs at one
or more entrances to such intersection.
(2) Every said sign shall bear the word "Stop" in letters not less than 8" in height which sign shall be self-illuminated at night or if not shall be reflectorized. Every stop sign shall be located as near as practical at the property line of the highway at the entrance to which the stop must be made, or at the nearest line of the crosswalk thereat, or, if none, at the nearest line of the roadway.
SECTION 174. Section 63-3-1003, Mississippi Code of 1972, is amended as follows:
63-3-1003. (1) The * * * Mississippi
Department of Transportation with reference to state highways under its jurisdiction
and local authorities with reference to other highways under their jurisdiction
may, when traffic conditions warrant such action, give preference to traffic
through any intersection on any highway and designate specified entrances to
said intersections as yield right-of-way entrances by erecting yield-right-of-way
signs in lieu of stop signs as required or permitted in Section 63-3-1001.
(2) The driver of a vehicle in obedience to a yield-right-of-way sign shall reduce the speed of his vehicle to not more than twenty miles per hour and shall yield the right of way to other vehicles which have entered the intersecting highway either from the right or left or which are approaching so closely on said intersecting highway as to constitute an immediate hazard. However, said driver having so yielded may proceed at such time as a safe interval occurs.
(3) If a driver is involved in a collision at an intersection or interferes with the movement of other vehicles after driving past a yield-right-of-way sign, such collision or interference shall be deemed prima facie evidence of the driver's failure to yield-right-of-way.
SECTION 175. Section 63-3-1009, Mississippi Code of 1972, is amended as follows:
63-3-1009. The Mississippi Department
of Transportation * * *
is hereby authorized to designate particularly dangerous highway grade
crossings of railroads and to erect stop signs thereat. When such stop signs
are erected the driver of any vehicle shall stop within fifty (50) feet but not
less than fifteen (15) feet from the nearest track of such grade crossing and
shall proceed only upon exercise of due care.
SECTION 176. Section 63-5-27, Mississippi Code of 1972, is amended as follows:
63-5-27. (1) Subject to the maximum gross single axle or tandem axle weights hereinafter specified, the gross single or tandem axle weights shall not exceed five hundred fifty (550) pounds per inch of tire width. The gross weight on any single or tandem axle thus derived shall be subject to a tolerance not in excess of five hundred (500) pounds provided that the total allowable gross weight of the single or tandem axle shall not exceed the maximum limitations allowed hereinafter.
(2) The gross weight imposed on the highway by the wheels of any one (1) single axle of a vehicle shall not exceed twenty thousand (20,000) pounds exclusive of the tolerance provided in Section 63-5-33. A single axle shall be defined as an assembly of two (2) or more wheels whose centers are in one (1) transverse vertical plane or may be included between two (2) parallel transverse vertical planes forty (40) inches apart extending across the full width of the vehicle.
(3) The gross weight imposed on the highway by any tandem axle shall not exceed thirty-four thousand (34,000) pounds exclusive of the tolerance provided in Section 63-5-33. A tandem axle shall be defined as any two (2) or more consecutive axles whose centers are more than forty (40) inches but not more than ninety-six (96) inches apart. No one (1) axle of any such group of two (2) or more consecutive axles shall exceed the weight permitted for a single axle.
(4) (a) Vehicles designed
and especially constructed to transport concrete products and which are not
available for purchase in sizes and capacities to fully comply with the road
and bridge weight laws of the State of Mississippi shall not be made to conform
to the axle spacing requirements or axle or tire loadings of this section or to
the total combined weights as set out in Section 63-5-33 in Table III, provided
(i) that such vehicles shall be limited to a gross weight of sixty thousand
(60,000) pounds; (ii) that such vehicles shall only be operated within fifty
(50) miles of their home base; (iii) that any such vehicles shall be limited to
a maximum load of the rated capacity of the vehicle; (iv) that all such
vehicles shall have at least three (3) axles; and (v) that all vehicles with
only three (3) axles shall have all wheels brake-equipped. Any two (2) or more
axles close enough to be considered an axle group shall be suspended by an
equalizing system and be spaced a minimum of four (4) feet apart in order to be
eligible for the maximum load as provided in this subsection. It shall be a
violation if vehicles to which this subsection applies travel upon any federal
interstate highway or upon any roads or bridges designated and posted as
incapable of carrying such loads by the Mississippi Department of
Transportation * * *,
a board of supervisors, or municipal governing authorities as provided in
subsection (5) or (6) of this section.
(b) Vehicles designed and especially constructed to transport raw cotton from harvest to the cotton gin shall not be made to conform to the axle spacing or axle or tire loadings of this section. However, such vehicles (i) shall be limited to a gross weight of sixty thousand (60,000) pounds; (ii) may be operated only within a fifty-mile radius of their home base or their contractual customer; (iii) shall be limited to a maximum load of the rated capacity of that vehicle; (iv) shall have all wheels brake equipped; and (v) are prohibited from traveling upon any federal interstate highway or upon any roads or bridges designated and posted as incapable of carrying such loads by the Mississippi Department of Transportation, a board of supervisors or municipal governing authorities as provided in subsection (5) or (6) of this section.
(c) Vehicles designed and especially constructed to collect and transport solid waste and which are not available for purchase in sizes and capacities to fully comply with the road and bridge weight laws of the State of Mississippi, shall not be made to conform to the axle spacing or tire loadings of this section. However, such vehicles (i) shall be limited to a gross weight of sixty thousand (60,000) pounds; (ii) may be operated only within a fifty-mile radius of their home base or their contractual customer; (iii) shall be limited to a maximum load of the rated capacity of that vehicle; (iv) shall have all wheels brake-equipped; and (v) are prohibited from traveling upon any federal interstate highway or upon any roads or bridges designated and posted as incapable of carrying such loads by the Mississippi Department of Transportation, a board of supervisors or the governing authorities of a municipality as provided in subsection (5) or (6) of this section.
(d) The rear axle of trailer mounted knuckle boom log loaders shall be exempt from the tire loading limitation provided for in subsection (3) of this section; provided, however, that the gross weight imposed on the highway by such an axle shall not exceed forty-one thousand (41,000) pounds.
(5) The board of supervisors of any county or the governing authorities of any municipality, by appropriate resolution, may impose limitations more restrictive than those permitted in this section upon the county highways of such county or the streets of such municipality.
(6) The Mississippi Department of Transportation, for cause, may post or limit any road or bridge to weights less than those permitted by this section.
SECTION 177. Section 63-5-31, Mississippi Code of 1972, is amended as follows:
63-5-31. Subject to the
limitations imposed on wheel and axle loads by Section 63-5-27, and to the
further limitations hereinafter specified, the total combined weight (vehicles
plus load) on any group of axles shall not exceed the value given in the
following table (Table II) corresponding to the distance in feet between the
extreme axles of the group, measured longitudinally to the nearest foot, on
those highways or parts of highways found by the Mississippi Department of Transportation * * *
to be suitable to carry
such increased load limits from an engineering standpoint, and so designated as
such by order of said * * * department entered on its minutes and published once each
week for three successive weeks in a daily newspaper of general circulation in
this state:
TABLE II
Distance in Feet Between Maximum Load in Pounds
the Extreme of Any Group of Axles Carried on Any Group of Axles
4 32,000
5 32,000
6 32,000
7 32,000
8 32,610
9 33,779
10 34,942
11 36,097
12 37,246
13 38,387
14 39,522
15 40,649
16 41,770
17 42,883
18 43,990
19 45,089
20 46,182
21 47,267
22 48,346
23 49,417
24 50,482
25 51,539
26 52,590
27 53,633
28 54,670
29 55,699
30 56,722
31 57,737
32 58,746
33 59,747
34 60,742
35 61,729
36 62,710
37 63,683
38 and greater 64,650 maximum
Moreover, in addition to the per axle weight limitations specified by Section 63-5-27, the maximum load carried on a combination of vehicles shall be subject to the following additional limitations: The maximum load carried on any group of two (2) axles shall not exceed twenty-seven thousand (27,000) pounds in instances where one or more of such axles is a driving axle (that is, an axle turned by the vehicle's engine power).
An axle group shall consist of any two (2) or more consecutive axles of any vehicle or combination of vehicles.
SECTION 178. Section 63-5-33, Mississippi Code of 1972, is amended as follows:
63-5-33. (1) Subject to
the limitations imposed on wheel and axle loads by Section 63-5-27, and to the
further limitations hereinafter specified, the total combined weight (vehicles
plus load) on any group of axles of a vehicle or a combination of vehicles
shall not exceed the value given in the following table (Table III)
corresponding to the distance in feet between the extreme axles of the group,
measured longitudinally to the nearest foot, on those highways or parts of
highways designated by the Mississippi Department of Transportation * * * as being capable of carrying the maximum
load limits and, in addition thereto, such other highways or parts of highways
found by the * * *
department to be suitable to carry the maximum load limits from an
engineering standpoint, and so designated as such by order of the * * * department entered upon its
minutes and published once each week for three (3) consecutive weeks in a daily
newspaper published in this state and having a general circulation therein.
The maximum total combined weight carried on any group of two (2) or more
consecutive axles shall be determined by the formula contained in the Federal
Weight Law enacted January 4, 1975, as follows: W=500 (LN/N-1+12N+36) where
W=maximum weight in pounds carried on any group of two (2) or more axles
computed to the nearest five hundred (500) pounds, L=distance in feet between
the extremes of any group of two (2) or more consecutive axles, and N=number of
axles in any group under consideration.
TABLE III
DISTANCE
IN FEET
BETWEEN THE
EXTREMES OF
ANY GROUP
OF 2 OR MORE
CONSECUTIVE MAXIMUM LOAD IN POUNDS CARRIED ON ANY
AXLES GROUP OF 2 OR MORE CONSECUTIVE AXLES
2 axles 3 axles 4 axles 5 axles 6 axles 7 axles
4 34,000
5 34,000
6 34,000 Axle groups in
7 34,000
8 and
less 34,000 34,000 these spacings
More
than
8 38,000 42,000
9 39,000 42,500
10 40,000 43,500 impractical
11 44,000
12 45,000 50,000
13 45,500 50,500
14 46,500 51,500
15 47,000 52,000
16 48,000 52,500 58,000
17 48,500 53,500 58,500
18 49,500 54,000 59,000
19 50,000 54,500 60,000
20 51,000 55,500 60,500 66,000
21 51,500 56,000 61,000 66,500
22 52,500 56,500 61,500 67,000
23 53,000 57,500 62,500 68,000
24 54,000 58,000 63,000 68,500 74,000
25 54,500 58,500 63,500 69,000 74,500
26 55,500 59,500 64,000 69,500 75,000
27 56,000 60,000 65,000 70,000 75,500
28 57,000 60,500 65,500 71,000 76,500
29 57,500 61,500 66,000 71,500 77,000
30 58,500 62,000 66,500 72,000 77,500
31 59,000 62,500 67,500 72,500 78,000
32 60,000 63,500 68,000 73,000 78,500
33 64,000 68,500 74,000 79,000
34 64,500 69,000 74,500 80,000
35 65,500 70,000 75,000 80,000
36 66,000 70,500 75,500 80,000
37 66,500 71,000 76,000 80,000
38 67,500 71,500 77,000 80,000
39 68,000 72,500 77,500 80,000
40 68,500 73,000 78,000 80,000
41 69,500 73,500 78,500 80,000
42 70,000 74,000 79,000 80,000
43 70,500 75,000 80,000 80,000
44 71,500 75,500 80,000 80,000
45 72,000 76,000 80,000 80,000
46 72,500 76,500 80,000 80,000
47 73,500 77,500 80,000 80,000
48 74,000 78,000 80,000 80,000
49 74,500 78,500 80,000 80,000
50 75,500 79,000 80,000 80,000
51 76,000 80,000 80,000 80,000
52 76,500 80,000 80,000 80,000
53 77,500 80,000 80,000 80,000
54 78,000 80,000 80,000 80,000
55 78,500 80,000 80,000 80,000
56 79,500 80,000 80,000 80,000
57 80,000 80,000 80,000 80,000
(2) Moreover, in addition to the per axle weight limitations specified by Section 63-5-27, two (2) consecutive sets of tandem axles may carry a gross load of thirty-four thousand (34,000) pounds each, providing that the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six (36) feet or more, except that, until September 1, 1989, the axle distance for tank trailers, dump trailers and ocean transport container haulers may be thirty (30) feet or more. Such overall gross weight may not exceed eighty thousand (80,000) pounds, except as provided by this section.
(3) Notwithstanding the
provisions of Section 63-5-27 and/or Section 63-5-29 to the contrary, vehicles
hauling products in the manner set forth in this subsection, whether or not
such vehicles are operating with a harvest permit, shall be allowed a gross
weight of not to exceed forty thousand (40,000) pounds on any tandem. Vehicles
operating without a harvest permit shall be allowed a tolerance not to exceed
five percent (5%) above their authorized gross vehicle weight, tandem or axle
weight; except that the maximum gross vehicle weight of any such vehicle shall
not exceed eighty thousand (80,000) pounds plus a tolerance thereon of not more
than two percent (2%). Vehicles operating with a harvest permit shall be
allowed a tolerance not to exceed five percent (5%) above their authorized
tandem or axle weight, but the maximum gross vehicle weight of any such vehicle
shall not exceed eighty-four thousand (84,000) pounds. However, neither the
increased weights in this subsection nor any tolerance shall be allowed on
federal interstate highways or on other highways where a tolerance is
specifically prohibited by the Mississippi Department of Transportation * * *, the county board of supervisors or
the municipal governing authorities as provided for in Section 63-5-27. The
tolerance allowed by this subsection shall only apply to the operation of
vehicles from the point of loading to the point of unloading for processing,
and to the operation of vehicles hauling sand, gravel, woodchips, wood
shavings, sawdust, fill dirt, and agricultural products, and products
for recycling or materials for the construction or repair of highways. The
range of such operation shall not exceed a radius of one hundred (100) miles
except where the products are being transported for processing within this
state. The tolerance shall not be allowed for vehicles loading at a point of
origin having scales available for weighing each individual axle of the
vehicle; provided, however, that vehicles loading at a point of origin having
scales available for weighing the vehicle shall not be eligible for any
tolerance over the gross weight limit of eighty thousand (80,000) pounds.
(4) Notwithstanding the
provisions of Section 63-5-27 and/or Section 63-5-29 to the contrary, vehicles
hauling prepackaged products, unloaded at a state port or to be loaded at a
state port, which are containerized in such a manner as to make subdivision thereof
impractical shall be allowed a gross weight of not to exceed forty thousand
(40,000) pounds on any tandem, and a tolerance not to exceed five percent (5%)
above their authorized gross weight, tandem or axle weight; except that the
maximum weight of any vehicle shall not exceed eighty thousand (80,000) pounds
plus a tolerance thereon of not more than two percent (2%); however, neither
the increased weights in this subsection nor any tolerance shall be allowed on
federal interstate highways or on other highways where a tolerance is
specifically prohibited by the Mississippi Department of Transportation * * *, the county board of supervisors or
the municipal governing authorities as provided for in Section 63-5-27.
(5) (a) Vehicles for which a harvest permit has been issued pursuant to Section 27-19-81(4) shall be allowed a gross vehicle weight not to exceed eighty-four thousand (84,000) pounds. However, the board of supervisors of any county and the governing authorities of any municipality may designate the roads, streets and highways under their respective jurisdiction on and along which vehicles for which a harvest permit has been issued may travel. This subsection shall not apply to the federal interstate system.
(b) Any owner or operator who has been issued a harvest permit and who wishes to operate a vehicle on the roads, streets or highways under the jurisdiction of a county or municipality at a gross vehicle weight greater than the weight allowed by law or greater than the maximum weight established for such roads, streets or highways by the board of supervisors or municipal governing authorities, shall notify, in writing, the board of supervisors or the governing authorities, as the case may be, before operating such vehicle on the roads, streets or highways of such county or municipality. In his notice, the permit holder shall identify the routes over which he intends to operate vehicles for which the permit has been issued and the dates or time period during which he will be operating such vehicles. The board of supervisors or the governing authorities, as the case may be, shall have two (2) working days to respond in writing to the permit holder to notify the permit holder of the routes on and along which the permit holder may operate vehicles for which a harvest permit has been issued. Failure of the board of supervisors or the governing authorities timely to notify the permit holder and to designate the routes on and along which the permit holder may operate shall be considered as authorizing the permit holder to operate on any of the roads, streets or highways of the county or municipality in accordance with the authority granted to the permit holder by the harvest permit.
(c) Anytime a timber deed is filed with the chancery clerk, the grantee, at that time, may make a written request of the board of supervisors of the county or the governing authorities of the municipality, as the case may be, for the purpose of providing to the grantee, within three (3) working days of the filing of the request, a designated and approved route over the roads, streets or highways under the jurisdiction of the county or city, as the case may be, that the grantee may travel for the purpose of transporting harvested timber. Upon providing such route designation, the county or city, as the case may be, shall also provide to the grantee a map designating the approved route. An approved route designation provided to a grantee under the provisions of this paragraph shall be valid for a period of six (6) months from its date of issue. The permit authorized to be issued under paragraph (b) of this subsection shall not be required for any person who obtains a permit issued under this paragraph.
(d) This subsection (5) shall stand repealed from and after July 1, 2019.
(6) Nothing in this section or subsections (1) through (4) of Section 63-5-27 shall be construed to deny the operation of any vehicle or combination of vehicles that could be lawfully operated upon the interstate highway system of this state on January 4, 1975.
SECTION 179. Section 63-5-34, Mississippi Code of 1972, is amended as follows:
63-5-34. For the purposes of Sections 63-5-29 and 63-5-33, any motor vehicle measuring more than twenty-nine (29) feet between the extreme axles with title to such vehicle registered with the State Tax Commission in accordance with the provisions of Section 63-21-1 et seq. may use public highways, excluding the federal interstate highway system, and be considered as a motor vehicle with a distance between the extreme of any group of axles twelve (12) feet longer than the extreme measurement of any such group.
Any motor vehicle that measures more than twenty-nine (29) feet and less than or equal to forty (40) feet between the extreme axles whose gross weight does not exceed seventy-two thousand (72,000) pounds on four (4) axles or seventy-three thousand two hundred eighty (73,280) pounds on five (5) axles, with title to such vehicle registered with the State Tax Commission on or before April 24, 1974, and in accordance with the provisions of Section 63-21-1 et seq., may use the federal interstate highway system and be considered as a motor vehicle with a distance between the extreme of any group of axles twelve (12) feet longer than the extreme measurement of any such group.
The provisions of this
section may be superseded by action of the Mississippi Department of
Transportation * * *, by resolution spread upon its minutes, for any specified
segment of a state highway or bridge in accordance with the provisions set
forth in Section 65-1-45, when, due to any special weather or other hazard,
such highways or bridges have been weakened or when such highways have
substandard surfacing or weak bridges due to any cause.
This section shall not apply to situations in which its application would create a conflict with any length regulation or weight restriction imposed by federal law on the federal interstate highway system.
SECTION 180. Section 63-5-35, Mississippi Code of 1972, is amended as follows:
63-5-35. (1) It is the
expressed intent of the Legislature that the Mississippi Department of
Transportation * * * shall take into consideration economic factors involving agriculture
and industry within the State of Mississippi and shall allow such increased
load limits pursuant to Section 63-5-33 for agricultural and industrial well-being
where such is shown to be practical or necessary.
(2) The Mississippi Department
of Transportation * * * shall designate Mississippi Highway 32 from its intersection with
U.S. Highway 49 at Webb, Tallahatchie County, eastward to Charleston as
eligible to carry the load limits scheduled in Section 63-5-33, Mississippi
Code of 1972.
(3) The Mississippi Department
of Transportation * * * shall designate Mississippi Highway 492 beginning at its
intersection with Mississippi Highway 21 and extending easterly to its
intersection with Mississippi Highway 15 as eligible to carry the load limits
scheduled in Section 63-5-33.
SECTION 181. Section 63-5-51, Mississippi Code of 1972, is amended as follows:
63-5-51. (1) (a) The
Mississippi Department of Transportation * * * with respect to highways under its
jurisdiction and local authorities with respect to highways under their
jurisdiction may, in their discretion, upon application in writing and good
cause being shown therefor, issue a special permit in writing authorizing the
applicant to operate or move a vehicle or combination of vehicles of a size or
weight of vehicle or load exceeding the maximum specified in this chapter or
otherwise not in conformity with the provisions of this chapter upon any
highway under the jurisdiction of the party granting such permit and for the
maintenance of which said party is responsible.
(b) The application for any such permit shall specifically describe the general operation and load to be moved, and the particular highways for which the permit to operate is requested, and whether such permit is requested for a single trip, or for continuous operation.
(c) The Mississippi Department
of Transportation * * * or local authority is authorized to issue or withhold such permit at
its discretion. If such permit is issued, the Mississippi Department of
Transportation * * * or local authority is authorized to limit the number of trips, or to
establish seasonal or other time limitations within which the vehicles
described may be operated on the highways indicated, or otherwise to limit or
prescribe conditions of operation of such vehicle or vehicles, when necessary
to assure against undue damage to the road foundations, surfaces or
structures. The Mississippi Department of Transportation * * *
or local authority may
require such undertaking or other security as may be deemed necessary to
compensate for any injury to any roadway or road structure.
(d) Every such permit
shall be carried in the vehicle or combination of vehicles to which it refers
and shall be open to inspection by any police officer or authorized agent of
any authority granting such permit, and no person shall violate any of the
terms or conditions of such special permit. However, permits covering the
number of vehicles anticipated in any operation may be issued by the * * *
department.
(2) The Mississippi Department
of Transportation * * * or local authorities, in their discretion, upon application in
writing and good cause being shown therefor, issue a permit authorizing the
commercial movement of one or more recreational vehicles or motor homes which
comply with the provisions of Section 63-5-13. Such permits shall be valid for
one (1) year from the date they are issued. A copy of the permit shall be
carried with all such vehicles while they are being moved. The provisions of
subsection (1) of this section shall not apply to the commercial movement of
vehicles under a permit issued pursuant to this subsection if such vehicles
comply with Section 63-5-13.
SECTION 182. Section 65-2-3, Mississippi Code of 1972, is amended as follows:
65-2-3. The board shall be
composed of three (3) members, one (1) to be appointed by the * * *
Commissioner of Transportation * * *, and one (1) to be selected by the
Mississippi Road Builders' Association, Incorporated, or its successor
organization (hereinafter referred to as the contractors). The third member
shall be chosen by agreement of the other two (2) members.
Each board member shall
serve for a four-year term at the end of which either the * * *
Commissioner of
Transportation * * * or the contractors may either retain their representative or choose
to appoint or select another member.
The * * * Commissioner of
Transportation * * * shall establish appropriate fees for administering the arbitration
process under this chapter and for compensating arbitrators for their service.
These fees for each arbitration do not include the attorneys' fees of the
parties and shall be assessed to the parties to the arbitration as determined
by the board.
SECTION 183. Section 65-2-5, Mississippi Code of 1972, is amended as follows:
65-2-5. The board shall
elect a chairman and may adopt rules of procedure. The board may be called
into session by the * * * Commissioner of Transportation * * * or by a contractor who has a dispute
with the Mississippi Department of Transportation which, under the rules of the
board, may be the subject of arbitration. The party requesting the board's
consideration shall give notice of the same to each member.
Absent agreement of the parties, the board shall have jurisdiction to hear matters concerning Seven Hundred Fifty Thousand Dollars ($750,000.00) or less per contract without regard to the size of the contract. The parties by mutual written agreement may submit to the board claims in excess of the jurisdictional limit of Seven Hundred Fifty Thousand Dollars ($750,000.00). Absent agreement of the parties, the number of arbitration proceedings regarding monetary issues shall be limited to three (3) per contract.
SECTION 184. Section 65-3-1, Mississippi Code of 1972, is amended as follows:
65-3-1. Subject only to the provisions hereinafter contained, it shall be unlawful for any person, acting privately or in any official capacity or as an employee of any subdivision of the state, to charge or collect any toll or other charge from any person for the privilege of traveling on any part of any highway which has been heretofore or may hereafter be designated as a state highway, and being a part of the state highway system, or on or across any bridge wholly within this state, which is a part of any such highway.
For a violation of this
section, any judge or chancellor may, in termtime or vacation, grant an injunction
upon complaint of the Mississippi Department of Transportation * * *.
The provisions of this section shall be inapplicable to any toll road or bridge built or operated under the authority of Section 65-43-1 or Section 65-43-3.
SECTION 185. Section 65-3-3, Mississippi Code of 1972, is amended as follows:
65-3-3. The following
highways are designated as state highways and shall be under the jurisdiction
of the Mississippi Department of Transportation * * * for construction and maintenance,
and such highways, along with all other laws adding links to the designated
state highway system, are declared to be the state highway system of
Mississippi:
Mississippi 1 -- Begins at Onward, Sharkey County, thence in a westerly direction to Filer, thence in a northerly direction to Mayersville, thence continues from Mississippi 14 approximately midway between Mayersville and Rolling Fork to or near Greenville, Rosedale, Sherard and ends at U.S. 49 east of Mississippi River Bridge at Helena, Coahoma County.
Mississippi 2 -- Begins at or near Hickory Flat, Benton County, and extends in a northeasterly direction to or near Blue Mountain, thence continues from or near Ripley to or near Kossuth to U.S. 72 west of Corinth, thence from U.S. 45 north of Corinth, Alcorn County, northeasterly to the Mississippi-Tennessee state line.
Mississippi 3 -- Begins at a point on U.S. 61 at or near Redwood, Warren County, and extends in a northeasterly direction to or near Satartia and Yazoo City, thence follows U.S. 49W to or near Inverness, thence in a northeasterly direction to Moorhead, thence north to Sunflower, thence continues along U.S. 49W to Tutwiler, thence in a northeasterly direction to Lambert, Marks, Sledge, Crenshaw, Sarah and Savage to intersect U.S. 61 at or near Lake Cormorant, DeSoto County.
Mississippi 4 -- Begins at or near Fox Island and extends east to or near Tunica, Coahoma County, thence continues from U.S. 61 south of Tunica to or near Savage, Strayhorn, Senatobia, Holly Springs, and Ashland, thence continues from Mississippi 5 approximately six and one-half miles south of Ashland to or near Ripley, Booneville, Bentonite Mill, Livingstons Store, New Site, and Bay Springs to Mississippi 25 at or near Dennis.
Mississippi 5 -- Begins on Mississippi 178 near Hickory Flat, Benton County, and extends north to Elvis Chapel Church on U.S. 72, and thence west on U.S. 72 to Harris Chapel Church and thence northwest to Mississippi 7, Benton County.
Mississippi 6 -- Begins on Mississippi 161 in Clarksdale, thence easterly to Marks, Batesville, Oxford, Pontotoc, Tupelo, thence southerly to Nettleton and ends at its intersection with Mississippi 25 north of Amory.
Mississippi 7 -- Begins at or near Belzoni, Humphreys County, and extends in a northeasterly direction to or near Swiftown to U.S. 82 north of Itta Bena, thence continues from or near Greenwood to or near Holcomb, Grenada, Coffeeville, Water Valley, Oxford and Holly Springs to the Mississippi-Tennessee state line northeast of Michigan City, Benton County.
Mississippi 8 -- Begins on Mississippi 1 at or near Rosedale, Bolivar County, and extends in an easterly direction to or near Cleveland, Ruleville, Minter City, Philipp and Holcomb, thence continues from or near Grenada to or near Calhoun City, Houston and Aberdeen and ends on U.S. 278 at or near Greenwood Springs, Monroe County.
Mississippi 9 -- Begins at or near Ackerman, Choctaw County, and extends in a northerly direction to or near Eupora, Bellefontaine and Slate Springs to Mississippi 8 south of Calhoun City, thence continues from or near Calhoun City to or near Bruce, Sarepta, Pontotoc and Sherman, thence continuing from U.S. 78 northwest of Sherman to, at or near Blue Springs and ending at Mississippi 30 at or near Graham, Union County.
Mississippi 9W -- Begins on Mississippi 9 north of Bruce, Calhoun County, and extends northerly to or near Banner and Paris to Mississippi 7 at Airport Road south of Markette, Lafayette County.
I-10 -- From the Mississippi-Louisiana state line east of Slidell, Louisiana, to the Mississippi-Alabama state line southwest of Mobile, Alabama.
U.S. 11 -- Begins on I-59 at or near Nicholson, south of Picayune, Pearl River County, and extends in a northeasterly direction to or near Picayune, Poplarville, Hattiesburg, Laurel, Enterprise and Meridian, and thence easterly to the Mississippi-Alabama state line, Lauderdale County.
Mississippi 12 -- Begins on Mississippi 1 at or near James, Washington County, thence continuing through LeRoy Percy State Park and extends in an easterly direction to or near Hollandale, Belzoni, Tchula, Lexington, Durant, Kosciusko and Ackerman to a point on U.S. 82 north of Mississippi State University, thence continues from or near Columbus and extends in a northeasterly direction to the Mississippi-Alabama state line, Lowndes County.
Mississippi 13 -- Begins at a point on U.S. 49 at or near Maxie, Forrest County, and extends in a northwesterly direction to or near Lumberton and Columbia, thence continues in a northerly direction to or near Prentiss, Mendenhall, Puckett, Daniel, Polkville, Morton and Lena and ends at a point on Mississippi 16 west of Carthage at or near Pine Tree, Leake County.
Mississippi 14 -- Begins at or near Mayersville, Issaquena County, and extends in an easterly direction to or near Rolling Fork, thence continues from U.S. 61 at or near Anguilla to U.S. 49W at or near Louise, thence continues from, at or near Ebenezer to or near Goodman, Newport and Zemuly to south of Kosciusko to or near Louisville and Macon ending at the Mississippi-Alabama state line east of Macon, Noxubee County.
Mississippi 15 -- Begins at the intersection of I-10 and I-110, Harrison County, and extends in a northerly direction to or near Beaumont, Laurel, Bay Springs, Newton, Philadelphia, Louisville, Ackerman, Mathiston, Houston, Pontotoc, New Albany, Ripley, Walnut and ends at the Mississippi-Tennessee state line, Tippah County.
Mississippi 16 -- Begins on Mississippi 1 at or near the Issaquena-Washington county line, thence in a southeasterly direction to Rolling Fork and extends in a southeasterly direction near Little Sunflower River, thence continues from or near Holly Bluff in a northeasterly direction to U.S. 49W at or near Craig, thence continues from or near Yazoo City to or near Benton to U.S. 51 at or near Canton, thence continues to or near Carthage, Philadelphia, Dekalb and Scooba to the Mississippi-Alabama state line east of Scooba, Kemper County.
Mississippi 17 -- Begins in Scott County on designated Mississippi 25, thence northerly to Mississippi 16 near Farmhaven, thence to or near Pickens, Lexington, Carrollton and ends approximately three and one-tenth miles northeast of North Carrollton, Carroll County.
Mississippi 18 -- Begins at or near Grand Gulf, Claiborne County, then to or near Port Gibson and extends in a northeasterly direction to or near Hermanville, Utica and Raymond to an intersection with U.S. 80 at or near Jackson, thence from Brandon continues in a southeasterly direction to or near Raleigh and Bay Springs, thence continues in a northeasterly direction to or near Rose Hill, thence southeast to or near Pachuta, thence east to or near Quitman and ends at the Mississippi-Alabama state line east of Quitman, Clarke County.
Mississippi 19 -- Begins on U.S. 51 at or near West, Holmes County, and extends in a southeasterly direction to or near Kosciusko, Zama, Arlington High School, Yates Crossing, Philadelphia and Meridian, and ends at the Mississippi-Alabama state line southeast of Meridian, Lauderdale County.
I-20 -- From the Mississippi-Louisiana state line at Vicksburg to a point on I-55 in Jackson and from another point on I-55 southeast of Jackson to a point on I-59 west of Meridian.
Mississippi 21 -- Begins at a point on Mississippi 35 at or near Forest, Scott County, and runs in a northeasterly direction to or near Sebastopol, Dixon, Neshoba County Fairgrounds, Philadelphia, Bond High School, Preston, Gholson, thence in a northeasterly direction to intersect Mississippi 39 at or near Shuqualak, Noxubee County.
Mississippi 22 -- Begins at or near Edwards, Hinds County, thence in a northeasterly direction to or near Flora, thence to a point on U.S. 51 at or near Canton, Madison County.
Mississippi 23 -- Begins on Mississippi 25 at or near Smithville in Monroe County, thence northerly to Tremont, thence to the Mississippi-Alabama state line, Itawamba County, southeast of Golden, Mississippi.
Mississippi 24 -- Begins at or near Fort Adams, Wilkinson County, and extends in an easterly direction to or near Woodville, Centreville, Gloster, Liberty and McComb, Pike County.
Mississippi 25 -- Begins at or near Jackson, Hinds County, thence in a northeasterly direction to or near Carthage, Louisville and Starkville, thence along U.S. 82 to its intersection with U.S. 45A, thence along U.S. 45A to Muldon, thence to or near Aberdeen, Amory, Smithville, to U.S. 78, thence continuing to Belmont, Dennis, Tishomingo, Iuka and to the Mississippi-Tennessee state line north of Cross Roads, Tishomingo County.
Mississippi 26 -- Begins at the Mississippi-Louisiana state line east of Bogalusa, Pearl River County, and extends in an easterly direction to or near Poplarville and Wiggins and ends at or near Lucedale, George County.
Mississippi 27 -- Begins on the Mississippi-Louisiana state line south of Tylertown, Walthall County, and extends northerly to Tylertown, Monticello, Georgetown, Crystal Springs, Utica and ends at or near Vicksburg, Warren County.
Mississippi 28 -- Begins at or near Fayette, Jefferson County, and extends to, at or near Hazlehurst, Georgetown, Pinola, Magee and Taylorsville and ends on U.S. 84 west of Laurel, Jones County.
Mississippi 29 -- Begins at or near Wiggins, Stone County, and extends in a northerly direction to or near Janice, New Augusta, Runnelstown, Ellisville and ends at Mississippi 28 at or near Soso, Jones County.
Mississippi 30 -- Begins at or near Oxford, Lafayette County, and extends in a northeasterly direction to or near New Albany, thence by Keownsville and Pleasant Ridge, thence to a point at or near Wheeler to intersect U.S. 45, thence along U.S. 45 to south of Booneville, thence from U.S. 45 northeasterly to intersect Mississippi 4 and Mississippi 364, thence to Walden's Store, Hills Chapel, Burton and ends at the Natchez Trace Parkway east of Tishomingo, Tishomingo County.
Mississippi 32 -- Begins on Mississippi Highway 1 at or near Perthshire, Bolivar County, and extends east to or near Shelby, thence continues from U.S. 49W at or near Parchman easterly to or near Webb, Charleston, Oakland, Water Valley, Bruce and Houlka, thence continues from Mississippi 15 south of Houlka to or near Van Vleet and Okolona, Chickasaw County.
Mississippi 33 -- Begins at the Mississippi-Louisiana state line, Wilkinson County, and extends northerly to Mississippi 24 at or near Centreville, thence to Gloster to or near Crosby, Knoxville, Roxie and McNair to U.S. 61 south of Fayette, then from or near Fayette northeasterly to or near Red Lick and Pattison to Mississippi 18 at or near Hermanville, Claiborne County.
Mississippi 35 -- Begins at the Mississippi-Louisiana state line, Marion County, south of Sandy Hook and extends in a northerly direction to a point on U.S. 98 at or near Foxworth, thence continues from or near Columbia to or near Bassfield, Lone Star, Mount Olive, Mize, Raleigh, Forest, Carthage, Kosciusko, Vaiden, Holcomb, Charleston and Batesville and ends at or near the Sardis Dam northeast of Batesville, Panola County.
Mississippi 37 -- Begins at a point on U.S. 84, Covington County, south of Hot Coffee and extends in a northerly direction to or near Taylorsville, Center Ridge and ends on Mississippi 35 south of Raleigh, Smith County.
Mississippi 39 -- Begins at or near Meridian, Lauderdale County, and extends in a northerly direction to or near DeKalb and ends on U.S. 45 at or near Shuqualak, Noxubee County.
Mississippi 41 -- Begins at or near Pontotoc, Pontotoc County, and extends southeasterly to or near Okolona, thence easterly to U.S. 45 at or near Wren, Monroe County.
Mississippi 42 -- Begins at the Lawrence-Simpson county line northeast of New Hebron and extends to or near New Hebron, Prentiss, Bassfield and Sumrall to U.S. 49 north of Hattiesburg to or near Petal, Runnelstown, Richton, Sand Hill and State Line to the Mississippi-Alabama state line, Wayne County.
Mississippi 43 -- Begins on U.S. 90 west of Bay St. Louis, Hancock County, and extends in a north northwesterly direction to or near Picayune, thence continues from or near Picayune to Mississippi 26 at or near Cross Roads then to Mississippi 13 south of Prentiss west and north to Arm Road in Section 5, Township 6 North, Range 20 West, Lawrence County, and proceeds northwesterly for approximately four miles to its intersection with U.S. 84 in Section 24, Township 7 North, Range 21 West, thence continues from, at or near Silver Creek, New Hebron and Pinola to Mississippi 13 southwest of Mendenhall, thence continues from Mississippi 18 at or near Puckett, Cross Roads, Pelahatchie and Pisgah to Mississippi 16 at or near Canton, thence to or near Thomastown, Kosciusko, Shady Grove and Friendship ending at the intersection of Mississippi 407 south of Kilmichael, Montgomery County.
Mississippi 44 -- Begins at or near McComb, Pike County, and extends to or near Pricedale and Jayess to Mississippi 27 east of Jayess, thence continues easterly across the Pearl River to Mississippi 13, Marion County, thence continues from, at or near Columbia to or near Sumrall, Lamar County.
U.S. 45 -- Begins at the Mississippi-Alabama state line at or near the Town of State Line, Greene County, and extends in a northerly direction to or near Waynesboro, Quitman, Meridian, Scooba, Macon, Brooksville, Columbus, Aberdeen, Nettleton, Shannon, Tupelo, Booneville, Corinth and ends at the Mississippi-Tennessee state line north of Corinth, Alcorn County.
U.S. 45A -- Begins at a point on U.S. 45 at or near Brooksville, Noxubee County, and extends in a northerly direction to or near West Point, Okolona, and ends at a point on U.S. 45 at or near Shannon, Lee County.
Mississippi 46 -- Begins at a point on Mississippi 9 south of Calhoun City, Calhoun County, and extends southeasterly to or near Hohenlinden, Mantee, Montpelier to Mississippi 50 approximately seven miles west of West Point, Clay County.
Mississippi 47 -- Begins at approximately seven miles west of West Point, Clay County, on Mississippi 50 and runs in a northerly direction to intersect with Mississippi 8 at or near Trebloc, and thence north to Buena Vista, Chickasaw County.
Mississippi 48 -- Begins at or near Centreville, Wilkinson County, and extends to Liberty, thence continues from Mississippi 24 west of McComb and extends in a southeasterly direction to or near Magnolia, Tylertown and Dexter, thence continues in a southeasterly direction to intersect with Mississippi 35 at Sandy Hook, thence in an easterly direction to or near Lumberton, Lamar County.
U.S. 49 -- Begins at or near Gulfport, Harrison County, and extends in a northerly direction to or near Wiggins, Hattiesburg, Collins, Mendenhall, Jackson and Yazoo City, thence continues from or near Tutwiler to or near Clarksdale, and thence continues from U.S. 61 north of Clarksdale westward to or near the Mississippi River, Coahoma County, near Helena, Arkansas.
U.S. 49E -- Begins at or near Yazoo City, Yazoo County, and extends in a northerly direction to or near Tchula and Greenwood and ends at or near Tutwiler, Tallahatchie County.
U.S. 49W -- Begins at or near Yazoo City, Yazoo County, and extends in a northerly direction to or near Belzoni, Indianola and Ruleville and ends at or near Tutwiler, Tallahatchie County.
Mississippi 50 -- Begins at or near Walthall, Webster County, thence easterly to or near Cumberland to Mississippi 15, thence to or near Pheba, Cedar Bluff and West Point to or near junction Mississippi 373 and U.S. 45, then continues from, at or near Columbus on U.S. 82 northeasterly to the Mississippi-Alabama state line, Lowndes County.
U.S. 51 -- Begins at the Mississippi-Louisiana state line at or near Osyka, Pike County, and extends in a northerly direction to or near Magnolia, McComb, Summit, Brookhaven, Hazlehurst, Crystal Springs, Jackson, Canton, Durant, Winona, Grenada, Batesville, Senatobia and Hernando and ends at the Mississippi-Tennessee state line north of Horn Lake, DeSoto County.
Mississippi 53 -- Begins at or near Poplarville, Pearl River County, and extends in a southeasterly direction to or near Necaise and ends at or near Lyman, Harrison County.
I-55 -- From the Mississippi-Louisiana state line south of McComb via Jackson to the Mississippi-Tennessee state line south of Memphis, Tennessee.
Mississippi 57 -- Begins at or near Fontainebleau, Jackson County, and extends to or near Vancleave, Benndale, Avent, and McLain, thence continues from U.S. 98 east of McLain to or near Leakesville, thence continues from or near Leakesville northerly to or near State Line on U.S. 45 and ends at its intersection with Mississippi 42, Greene County.
I-59 -- From the Mississippi-Louisiana state line near Picayune via Hattiesburg, Laurel and Meridian to the Mississippi-Alabama state line west of Cuba, Alabama.
U.S. 61 -- Begins at the Mississippi-Louisiana state line south of Woodville, Wilkinson County, and extends in a northerly direction to or near Woodville, Natchez, Fayette, Port Gibson, Vicksburg, Rolling Fork, Leland, Cleveland, Clarksdale and Tunica and ends at the Mississippi-Tennessee state line north of Lake View, DeSoto County.
Mississippi 63 -- Begins from U.S. 90 at or near Pascagoula, Jackson County, and extends in a northerly direction to or near Moss Point, Wade, Lucedale, Leakesville, Sand Hill and ends at or near Waynesboro, Wayne County.
U.S. 65 -- Begins at the west end of the Mississippi River Bridge at Natchez, Adams County, and extends in an easterly direction to U.S. 61 and thence continues south jointly with U.S. 61 to the Mississippi-Louisiana state line south of Woodville, Wilkinson County.
Mississippi 67 -- Begins at I-10 and extends north to U.S. 49 at or near Saucier, all in Harrison County.
Mississippi 69 -- Begins at the Mississippi-Alabama state line and extends northerly to or near Columbus, all in Lowndes County.
U.S. 72 -- Begins at the Mississippi-Tennessee state line northwest of Mt. Pleasant, Marshall County, and extends in a southeasterly direction to or near Walnut, Corinth and Iuka and ends at the Mississippi-Alabama state line southeast of Iuka, Tishomingo County.
Mississippi 76 -- Begins on Mississippi 6 west of Pontotoc to Mississippi 9, from Mississippi 9 easterly to U.S. 45 south of Tupelo and continuing easterly to existing Mississippi 6 near Plantersville, and continues from a point approximately 7.482 miles northeast of U.S. 78 near the community of Fairview and extends northeasterly approximately 11 miles to the Mississippi-Alabama state line, Itawamba County.
U.S. 78 -- Begins at the Mississippi-Tennessee state line northwest of Olive Branch, DeSoto County, and extends in a southeasterly direction to or near Holly Springs, New Albany, Tupelo and Fulton and ends at the Mississippi-Alabama state line east of Fulton, Itawamba County.
U.S. 80 -- Begins at or near Vicksburg, Warren County, and extends in an easterly direction to or near Jackson, Brandon, Forest, Newton and Meridian and ends at the Mississippi-Alabama state line east of Meridian, Lauderdale County.
U.S. 82 -- Begins at the Mississippi River Bridge southwest of Greenville, Washington County, and extends in a northeasterly direction to or near Greenville, thence east to or near Leland, Indianola, Greenwood, Carrollton, Winona, Mathiston and Starkville to a point on U.S. 45 west of Columbus, thence continues from or near Columbus to the Mississippi-Alabama state line east of Columbus, Lowndes County.
U.S. 84 -- Begins at the Mississippi River Bridge at or near Natchez, Adams County, and extends in an easterly direction to U.S. 61 in Natchez, thence continues jointly with U.S. 61 to or near Washington, thence continues from U.S. 61 at or near Washington, to or near Meadville, Brookhaven, Monticello, Prentiss, Collins, Laurel and Waynesboro to the Mississippi-Alabama state line east of Tokio, Wayne County.
U.S. 90 -- Begins at the Mississippi-Louisiana state line southwest of Pearlington, Hancock County, and extends in an easterly direction to or near Bay St. Louis, Gulfport, Biloxi, Pascagoula, and ends at the Mississippi-Alabama state line, Jackson County, en route to Mobile, Alabama.
U.S. 98 -- Begins at or near Bude, Franklin County, and extends in a southeasterly direction to or near Summit, thence continues from, at or near McComb to or near Tylertown, Columbia and Hattiesburg, thence continues from I-59 southwest of Hattiesburg to or near New Augusta, Beaumont, McLain and Lucedale to the Mississippi-Alabama state line southeast of Lucedale, George County.
I-110 -- Begins at its intersection with U.S. 90 in Biloxi thence north to I-10.
Mississippi 145 -- The various sections of Old U.S. 45 that have been relocated by new construction.
Mississippi 149 -- The various sections of Old U.S. 49 that have been relocated by new construction.
Mississippi 161 -- The various sections of Old U.S. 61 that have been relocated by new construction.
Mississippi 172 -- The various sections of Old U.S. 72 that have been relocated by new construction.
Mississippi 178 -- The various sections of Old U.S. 78 that have been relocated by new construction.
Mississippi 182 -- The various sections of Old U.S. 82 that have been relocated by new construction.
Mississippi 184 -- The various sections of Old U.S. 84 that have been relocated by new construction.
Mississippi 198 -- The various sections of Old U.S. 98 that have been relocated by new construction.
Mississippi 245 -- Begins on U.S. 45A south of Okolona, Chickasaw County, thence continues to Mississippi 32/Mississippi 41 at Okolona and continues to Mississippi 145 at Shannon, Lee County.
I-220 -- Begins at its intersection with I-20 at or near Van Winkle and thence northeasterly a distance of approximately 12 miles to intersect with I-55 at or near the Hinds-Madison county line.
U.S. 278 -- Begins at the Mississippi-Arkansas state line, continues along U.S. 82 to Leland, thence along U.S. 61 to Clarksdale, continues along Mississippi 6 to Batesville, Oxford, Pontotoc and Tupelo, thence along U.S. 45 to south of Nettleton, near Wren, thence easterly to Amory and ends at the Mississippi-Alabama state line near Gattman, Monroe County.
Mississippi 301 -- Begins at or near Arkabutla, Tate County, thence north to the Tate-DeSoto county line, thence begins on Mississippi 304 at Eudora to or near Lynchburg and ends at the Mississippi-Tennessee state line, DeSoto County.
Mississippi 302 -- Begins at U.S. 61, DeSoto County, thence east to U.S. 78 at or near Olive Branch in DeSoto County, thence to U.S. 72 at or near Mount Pleasant in Marshall County.
Mississippi 304 -- Begins at the Mississippi-Tennessee state line at or near U.S. 72, Marshall County, and thence runs in a southwesterly direction to intersect with U.S. 78 at or near Byhalia and thence runs in a westerly direction to intersect I-55 at or near Hernando and thence runs in a westerly direction to intersect with U.S. 61 in DeSoto County.
Mississippi 305 -- Begins at or near the north boundary line of Sardis Reservoir, Lafayette County, and extends northerly to Mississippi 310 in Lafayette County, then from Mississippi 4 north to or near Independence, Lewisburg, Olive Branch and ends at the Mississippi-Tennessee state line, DeSoto County.
Mississippi 306 -- Begins at or near Coldwater and extends to or near Independence, all in Tate County.
Mississippi 309 -- Begins on Mississippi 4 at or near Chulahoma, Marshall County, Mississippi, and runs thence in a northerly direction to or near the communities of Watson, the Town of Byhalia, and ends at the Mississippi-Tennessee state line north of Barton, Marshall County.
Mississippi 310 -- Begins on Mississippi 3 in Crenshaw, Panola County, and extends in an easterly direction to Como, then returns from I-55 easterly to the Lafayette county line near Laws Hill, then to Mississippi 7 at or near Malone, Marshall County.
Mississippi 311 -- Begins on Mississippi 7 at or near Holly Springs and extends northerly to U.S. 72 at or near Mt. Pleasant, all in Marshall County.
Mississippi 313 -- Begins at or near Hudsonville and extends westerly to Atway, thence northerly to U.S. 72 at or near Slayden, all in Marshall County.
Mississippi 314 -- Begins at or near Sardis Reservoir and extends southeasterly to or near Oxford, all in Lafayette County.
Mississippi 315 -- Begins at U.S. Highway 49/Mississippi 61 near the Town of Rich, continues to the Coahoma-Quitman county line, thence easterly to or near Sledge and Sardis, southeasterly to or near Sardis Dam and Water Valley to Mississippi 9W at or near Paris, Lafayette County.
Mississippi 316 -- Begins at a point on U.S. 61 in Coahoma County, at or near Frank Montory's Place and runs thence in a generally southeasterly direction through Jonestown, thence through Belen to Mississippi 6 west of Marks, Quitman County.
Mississippi 321 -- Begins on Mississippi 32 east of Webb and extends northerly and ends at or near Brazil, all in Tallahatchie County.
Mississippi 322 -- Begins at or near Sherard, Coahoma County, and extends east to or near Clarksdale, thence from or near Hopson on U.S. 49 south of Clarksdale east to Mississippi 3 approximately three miles south of Lambert, thence from Lambert to Crowder and ends on the Batesville-Charleston Road east of Crowder, Panola County.
Mississippi 328 -- Begins where it intersects with Mississippi 315, and extends easterly in a direction approximately eight miles to or near Taylor, thence to or near Markette, Lafayette County.
Mississippi 330 -- Begins on U.S. 51 west of Tillatoba, Yalobusha County, and extends easterly to or near Coffeeville and Gums, thence east to Bruce, Calhoun County.
Mississippi 331 -- Begins on Mississippi 9 southwest of Sarepta, Calhoun County, and extends north to or near Tula and ends on Mississippi 334 north of Tula, Lafayette County.
Mississippi 332 -- Begins at the intersection of Old Mississippi 7 with U.S. 51 approximately one mile north of Grenada and extends in a northeasterly direction to the north abutment of the Grenada Dam, all in Grenada County.
Mississippi 333 -- Begins at the intersection of Old Mississippi 8 with new Mississippi 8, approximately one mile east of Grenada and extends in a northeasterly direction to its intersection with a federally maintained road leading to the south abutment of the Grenada Dam, all in Grenada County.
Mississippi 334 -- Begins at or near Oxford, Lafayette County, and extends in an easterly direction to or near Toccopola and ends on Mississippi 9 at or near Springville, Pontotoc County.
Mississippi 336 -- Begins on Mississippi 6 at or near Lafayette Springs, Lafayette County, and extends to or near Thaxton and Pontotoc, Pontotoc County.
Mississippi 340 -- Begins at the Calhoun-Chickasaw county line near the Riley Ball Home, thence easterly to Mississippi 341, then continues to Mississippi 15 near Woodland, all in Chickasaw County.
Mississippi 341 -- Begins at the Webster-Chickasaw county line, thence northerly to or near Atlanta, Vardaman to Mississippi 32, then continues to or near Buckhorn ending on Mississippi 9 southwest of Pontotoc, Pontotoc County.
Mississippi 342 -- Begins on Mississippi 41 at or near Pontotoc and extends to Mississippi 6 east of Pontotoc, all in Pontotoc County.
Mississippi 345 -- Begins at or near Pontotoc and extends north and west to or near Ecru, all in Pontotoc County.
Mississippi 346 -- Begins at or near Sand Springs Church, thence east to or near Esperanza, thence to Mississippi 15 approximately three-fourths mile south of Ecru, all in Pontotoc County.
Mississippi 347 -- Begins on Mississippi 349 at or near Bethlehem, thence northeasterly and northwesterly to Mississippi 349 approximately two miles south of Potts Camp, all in Marshall County.
Mississippi 348 -- Begins at or near New Albany, Union County, and extends east to or near Guntown, Lee County.
Mississippi 349 -- Begins where it intersects with Mississippi 30, Union County, and extends northwesterly to or near Cornersville and Bethlehem and ends at or near Potts Camp, Marshall County.
Mississippi 350 -- Begins from Mississippi 2 northeast of Corinth, Alcorn County, thence in an easterly direction to Mississippi 25 near the State Line Resort, Tishomingo County.
Mississippi 351 -- Begins on the Alcorn-Tippah county line thence north to or near Gorforth's Place on Mississippi 2 in Alcorn County.
Mississippi 354 -- Begins at or near Walnut, thence in a southeasterly direction approximately two and nine-tenths miles, all in Tippah County.
Mississippi 355 -- Begins at Mississippi 346 near Esperanza, Pontotoc County, and extends northwesterly to or near Pinedale and Etta, then to Mississippi 30 near Gallway, Union County.
Mississippi 356 -- Begins on the Kossuth-Rienzi Road, Alcorn County, approximately six and one-half miles west of Rienzi and extends east to or near Rienzi and Jacinto, to intersect Mississippi 365 southeast of Jacinto, Prentiss County.
Mississippi 362 -- Begins at Mississippi 145, runs through Wheeler to Wheeler School, thence from Hopewell Road easterly to intersect at or near the junction with a county road in the northwest quarter of Section 20 approximately one and four-tenths miles west of Mississippi 371, all in Prentiss County.
Mississippi 363 -- Begins on Mississippi 178 west of Fulton, Itawamba County, and extends north to or near Mantachie, thence north and west to Mississippi 145 at Saltillo, Lee County.
Mississippi 364 -- Begins on Mississippi 30 east of Booneville, Prentiss County, runs northeast to Mississippi 365 and thence from a point near Holcut east to Mississippi 25 south of Iuka, Tishomingo County.
Mississippi 365 -- Begins on Mississippi 30 at or near Burton, Prentiss County, thence north to Burnsville to intersect Mississippi 25 at or near Cross Roads, Tishomingo County.
Mississippi 366 -- Begins east of Baldwyn on Mississippi 370, Prentiss County, thence in an easterly direction to Mississippi 371 at Marietta, thence from Mississippi 25 at or near Belmont to the Mississippi-Alabama state line east of Golden, Tishomingo County.
Mississippi 367 -- Begins on Mississippi 356 southeast of Jacinto, thence in a northeasterly direction to Alcorn-Tishomingo county line, all in Alcorn County.
Mississippi 368 -- Begins where it intersects Mississippi 15 at or near Blue Mountain thence easterly to or near Buena Vista School, all in Tippah County.
Mississippi 369 -- Begins on Mississippi 370 approximately two miles east of Benton-Tippah county line, thence northeasterly to or near Walnut, all in Tippah County.
Mississippi 370 -- Begins at Mississippi 5 at or near Ashland, Benton County, thence easterly to Mississippi 15 at or near Falkner, thence from Mississippi 4 at or near Ripley southeasterly to or near Dumas thence to Mississippi 30 at or near Pleasant Ridge, thence from Mississippi 30 east of Pleasant Ridge to or near Baldwyn and ends at Mississippi 371 at or near Kirkville, Itawamba County.
Mississippi 371 -- Begins on Mississippi 6 south of Nettleton, Monroe County, thence north to or near Richmond and Mooreville, thence northeast to or near Mantachie, thence north to or near Marietta and ends on Mississippi 4 southeast of Booneville, Prentiss County.
Mississippi 373 -- Begins on U.S. 45 approximately four miles north of Columbus, Lowndes County, thence to the South Gate of Columbus Air Force Base, thence from the North Gate of Columbus Air Force Base to U.S. 45 at or near Hamilton, Monroe County.
Mississippi 379 -- Begins at the Itawamba-Monroe county line and extends northward to a point on Mississippi 371 near Evergreen, all in Itawamba County.
Mississippi 382 -- Begins on U.S. 45A and thence runs in an easterly direction through Prairie to intersect Mississippi 25 approximately three miles south of Aberdeen, all in Monroe County.
Mississippi 385 -- Begins at or near Buena Vista and runs in a northwesterly direction to Mississippi 32 at or near Van Vleet, all in Chickasaw County.
Mississippi 388 -- Begins at or near Brooksville and extends east to or near Cliftonville and to the Mississippi-Alabama state line, all in Noxubee County.
Mississippi 389 -- Begins on U.S. 82 in Starkville, Oktibbeha County, and runs in a northwesterly direction to the Oktibbeha-Clay county line, thence to a point on Mississippi 46 at Montpelier, continues in a northerly direction to a point on Mississippi 8 in Houston, Chickasaw County.
Mississippi 391 -- Begins at the east side of T.N. Kinard property line and runs in a northeasterly direction to Winston-Noxubee county line, all in Winston County.
Mississippi 393 -- Begins on the Winston-Neshoba county line and extends northward to Mississippi 490 at or near Claytown, Winston County.
Mississippi 395 -- Begins on Mississippi 19 at or near Arlington, Neshoba County, and runs north to Plattsburg, thence east to or near Noxapater, Winston County.
Mississippi 397 -- Begins at or near Louisville, Winston County, and extends southeast to or near DeKalb, Kemper County.
Mississippi 403 -- Begins at or near Mathiston and extends north and west to the county highway maintenance barn for District No. 4 in Webster County.
Mississippi 404 -- Begins at I-55 in Carroll County and extends east to U.S. 51 north of Duck Hill, thence from a point on U.S. 51 at Duck Hill in an easterly direction to beat line of Beat No. 2 in Montgomery County and from the intersection of Cadaretta-Bellefontaine Road at Spring Hill, and extends easterly to or near Bellefontaine in Webster County.
Mississippi 407 -- Begins on U.S. 51, Montgomery County, thence in a southeasterly direction to Mississippi 413 at French Camp, then from Mississippi 12 at or near Weir southwesterly to the Town of McCool, thence west to intersect Mississippi 12, Attala County.
Mississippi 411 -- Begins at a point at or near Glendale School on Mississippi 14 in Attala County, Mississippi, and runs in a northerly direction to or near Antioch Church, thence to the Town of McCool, continues over the business route of Mississippi 12 through the Town of McCool to a point just west of the bridge over the Yockanookany River, thence north to Mississippi 12, all in Attala County.
Mississippi 413 -- Begins at or near Kilmichael, Montgomery County, and extends southeast to or near Weir, Choctaw County.
Mississippi 415 -- Begins where it intersects the Natchez Trace Parkway, thence southeast to or near Chester, and ends on Mississippi 9 about two and one-half miles northwest of Ackerman, Choctaw County.
Mississippi 424 -- Begins at or near Holmes State Park and extends east to U.S. 51 south of Durant, Holmes County.
Mississippi 425 -- Begins at a point on Mississippi 12 and runs in a southeasterly direction to the east city limits of Ethel, all in Attala County.
Mississippi 427 -- Begins at or near Laurel Hill, Neshoba County, and extends in a northerly direction to Mississippi 16 at Edinburg, then begins approximately two miles north of Edinburg and extends in a northerly direction to Mississippi 25 between Marydell, Leake County, and Mississippi 19 intersection.
Mississippi 429 -- Begins at or near Blocker's Store, Leake County, and extends northwest to intersect the Natchez Trace Parkway at or near Thomastown, thence northerly to Mississippi 14 at or near Zemuly, thence from Mississippi 14 at or near Newport north to intersect Mississippi 12 north of Sallis, Attala County.
Mississippi 430 -- Begins at or near Greenwood, Leflore County, thence in a southeasterly direction to Leflore-Carroll county line, thence from a point at or near Black Hawk east to or near Vaiden, Carroll County.
Mississippi 431 -- Begins in the Village of Sallis, Attala County, 600 feet west of Mississippi 429 and extends easterly to Mississippi 12 east of Sallis.
Mississippi 432 -- Begins at or near Benton, Yazoo County, and extends northeast to or near Pickens, Holmes County.
Mississippi 433 -- Begins on U.S. 61 at or near Kelso, Sharkey County, thence northeast to a point south of Spanish Fort, and thence from, at or near Satartia, east to or near Bentonia, thence in a northerly direction to or near Benton, and thence to a point approximately four miles north of the Holmes-Yazoo county line.
Mississippi 434 -- Begins on U.S. 61 north of Anguilla and extends east to or near Catchings, now Delta City, all in Sharkey County.
Mississippi 436 -- Begins at or near Glen Allen and extends northeasterly to U.S. 61 at or near Percy, all in Washington County.
Mississippi 438 -- Begins at or near Wayside, Washington County, and extends to the Washington-Humphreys county line.
Mississippi 440 -- Begins on Mississippi 19 in Section 2, Township 15 North, Range 5 East, thence easterly to intersect Mississippi 35 at Hesterville, all in Attala County.
Mississippi 442 -- Begins at Mississippi 448 one mile east of Shaw, Sunflower County, thence in an easterly direction to Steiner, thence in a northerly direction to Linn, thence in an easterly direction to Doddsville and extends easterly to U.S. 49E near Schalter, Leflore County.
Mississippi 444 -- Begins at Mississippi 1 at or near Round Lake in Bolivar County, thence easterly to intersect U.S. 61 at or near Duncan, Bolivar County.
Mississippi 446 -- Begins at Mississippi 1 at or near Lobdell and extends east to U.S. 61 at or near Boyle, all in Bolivar County.
Mississippi 448 -- Begins at or near Benoit, Bolivar County, and extends southeast to or near Shaw, thence in a southeasterly direction to join U.S. 82 at or near Indianola, Sunflower County.
Mississippi 450 -- Begins at or near Scott on Mississippi 1 and runs in a southeasterly direction to Choctaw on U.S. 61, all in Bolivar County.
Mississippi 454 -- Begins at or near the Mississippi River Bridge southwest of Greenville and extends east to Mississippi 1 north of Wayside, all in Washington County.
Mississippi 462 -- Begins on U.S. 61, three miles north of Port Gibson, thence in a northerly direction to a point at or near Willows, being a part of road connecting U.S. 61 and Mississippi 27 formerly Mississippi 3, all in Claiborne County.
Mississippi 463 -- Begins on Mississippi 22 at or near Livingston, thence southeasterly to U.S. 51 at or near Madison, all in Madison County.
Mississippi 465 -- Begins at Mississippi 1 near Fitler, Issaquena County, thence southerly via Brunswick and Eagle Lake to U.S. 61 north of Redwood, Warren County.
Mississippi 467 -- Begins at or near Edwards and extends southeast to or near Raymond, all in Hinds County.
Mississippi 468 -- Begins three miles north of U.S. 80 on the Fannin Road thence south to U.S. 80, thence in a southeasterly direction to Whitfield, and thence in a northeasterly direction to or near Brandon, all in Rankin County.
Mississippi 469 -- Begins on Mississippi 28 at or near Fork Church, Simpson County, thence northerly to Harrisville, Florence and extends northeasterly to intersect Mississippi 468, Rankin County.
Mississippi 471 -- Begins at or near Brandon and extends in a northerly direction to Mississippi 25, thence from a point seven and five-tenths miles northeast on Mississippi 25 to intersect Sand Hill-Canton Road or Mississippi 43, all in Rankin County.
Mississippi 472 -- Begins approximately two miles east of Hazlehurst, Copiah County, on Old Mississippi 28 near Shady Grove, thence in a southeasterly direction to Rockport; thence begins again in Section 23, Township 10 North, Range 21 West, Simpson County, thence in a northeasterly direction to Mississippi 28 at or near Pinola.
Mississippi 473 -- Begins at a point on the Copiah-Hinds county line northeast of Crystal Springs, thence northerly to new U.S. 51 near Terry, Hinds County.
Mississippi 475 -- Begins at a point on Mississippi 468 and extends in a northerly direction to I-20, thence northerly along the western boundary line of the Jackson Municipal Airport (Allen C. Thompson Field) to a point on Mississippi 25, all in Rankin County.
Mississippi 476 -- Begins at or near Van Winkle and extends easterly to the west corporate limits of Jackson, as the corporate limits were in 1949, all in Hinds County.
Mississippi 477 -- West Rankin Parkway (New Route)--Begins at Mississippi 25 in the City of Flowood, thence south to U.S. 80 at Pearson Road in the City of Pearl, all in Rankin County.
Mississippi 478 -- Begins about three miles east of Rockport in Simpson County, and extends in an easterly direction to a point on Mississippi 43.
Mississippi 481 -- Begins on Mississippi 43, Rankin County, and extends east to the Rankin-Scott county line to Morton, Pulaski, Trenton, Burns and intersects Mississippi 35, Smith County.
Mississippi 482 -- Begins on Mississippi 16 east of Philadelphia where Sandtown Road leaves Mississippi 16, thence in a northeasterly direction to intersect with Mississippi 491 near Bogue Chitto Indian School; all in Neshoba County. Also begins on Mississippi 19 south of Philadelphia near the Neshoba County Hospital and extends in a northeasterly direction to intersect present Mississippi 482 about one and three-tenths miles north of its intersection with Mississippi 16. This route is now numbered Mississippi 894.
Mississippi 483 -- Begins at a point on Mississippi 13 at Forkville, thence in a northwesterly direction to Ludlow, Scott County.
Mississippi 484 -- Begins on Mississippi 488 west of Madden, Leake County, thence through the community of Wright's Springs and thence easterly to the Neshoba county line at the intersection of Mississippi 488 and Mississippi 427.
Mississippi 485 -- Begins on Mississippi 21, thence in a northeasterly direction to Mississippi 15 at Good Hope, Neshoba County.
Mississippi 486 -- Begins on Mississippi 16 east of Philadelphia, thence southeasterly to the intersection of Mississippi 491, all in Neshoba County.
Mississippi 487 -- Begins at or near Lena, Leake County, thence northeasterly to or near Tuscola and Carthage, thence in an easterly direction by Standing Pine, Rosebud and Salem, thence in a southeasterly direction to the intersection of Mississippi 21 at Sebastopol, Scott County.
Mississippi 488 -- Begins at or near Mississippi 35 at Carthage, Leake County, and extends to or near Madden, Laurel Hill, and to a point on Mississippi 21 approximately two miles west of Williamsville, Neshoba County.
Mississippi 489 -- Begins at or near Lake, Scott County, and extends northeast to or near Conehatta to Union, Newton County.
Mississippi 490 -- Begins at or near Noxapater, Winston County, thence in an easterly direction to intersect Mississippi 397, thence in a northeasterly direction by Old Fearn Springs Post Office to the Noxubee county line.
Mississippi 491 -- Begins on Mississippi 19, approximately 200 yards south of the Neshoba-Newton county line, thence in a northerly direction to Mississippi 486 southwest of DeWeese and thence from Mississippi 16 at Cross Roads north to Mississippi 21 near the center of Section 22, Township 12 North, Range 13 East, Neshoba County.
Mississippi 492 -- Begins at the intersection of Mississippi 487 at or near Tuscola, Leake County, and runs in an easterly direction to or near Walnut Grove and to the south boundary of Golden State Park and continues as Golden State Park Road until it reaches Mississippi 21. Then from a point on Mississippi 21 at or near Sebastopol to or near Union and ends at or near House School east of Mississippi 19, Neshoba County.
Mississippi 493 -- Begins at or near Meridian, Lauderdale County, thence in a northerly direction to or near Bailey and Moscow, and ends on Mississippi 16 in Kemper County.
Mississippi 494 -- Begins on Mississippi 15 at or near Union, Newton County, and extends southeast to or near Little Rock and Dufee to intersect Mississippi 19 at or near Hookston, Lauderdale County.
Mississippi 495 -- Begins on Mississippi 493 at Bailey's Store, in Lauderdale County, thence in a northerly direction to the Kemper county line, thence by Damacus School and intersection Mississippi 16 at or near Daw's Store and from another point on Mississippi 16 at Daw's Brothers Store, thence northerly to a point on Mississippi 397 approximately one and one-half miles south of Preston, Kemper County.
Mississippi 496 -- Begins at the intersection of Mississippi 19 in Lauderdale County at Old Odom Store Place, thence in an easterly direction by way of Culpepper, thence to the Mississippi-Alabama state line, Lauderdale County.
Mississippi 498 -- Begins at a point on U.S. 45 about 12 miles south of Scooba, Kemper County, thence in an easterly direction to Porterville.
Mississippi 500 -- Begins with its intersection with Mississippi 13 at or near Lena, thence in a easterly direction to a local road at Frank Reeves', thence in a northerly direction to Mississippi 487 at Tuscola, Leake County.
Mississippi 501 -- Begins on Mississippi 18 approximately eight miles east of Raleigh and extends in a northerly direction to or near Pineville to U.S. 80 in Forest.
Mississippi 502 -- Begins with its intersection with Mississippi 488 between Standing Pine and Free Trade, thence in an easterly direction by Springfield Baptist Church, Thaggards Clinic, Madden School and intersects Mississippi 488 at Madden Baptist Church in the Village of Madden, all in Leake County.
Mississippi 503 -- Begins on Mississippi 528 at or near Heidelberg, Jasper County, thence in a northerly direction to Paulding, Hero, Hickory and ends at or near Decatur, Newton County.
Mississippi 504 -- Begins on Mississippi 15 north of Jasper-Newton county line to Mississippi 503 at Hero, Jasper County.
Mississippi 505 -- Begins at or near Roberts, Newton County, and extends north to U.S. 80 at or near Lawrence.
Mississippi 508 -- Begins on U.S. 45 approximately six miles south of Waynesboro and runs southeasterly approximately three miles to Waynesboro Pine Tree Nursery, all in Wayne County.
Mississippi 510 -- Begins on U.S. 45 at or near Shubuta in Wayne County, thence in an easterly direction to Matherville, thence in a southerly direction to the end of state maintenance, Wayne County.
Mississippi 511 -- Begins at a point on Mississippi 18 at or near Quitman, Clarke County, thence in a southeasterly direction about seven and two-tenths miles, now known as the Quitman-Crandall Road in Clarke County.
Mississippi 512 -- Begins on the Clarke-Jasper county line, thence easterly on the Old Paulding and Pachuta Road to Mississippi 18 at Pachuta, thence continues jointly with Mississippi 18 approximately two miles southeast of Pachuta, thence to U.S. 45 in Quitman, Clarke County.
Mississippi 513 -- Begins on Mississippi 18 in the Town of Rose Hill, Jasper County, thence to Enterprise on U.S. 11 and extends southeasterly to or near Quitman, Clarke County.
Mississippi 514 -- Begins at a point on Mississippi 513 in Enterprise, thence in an easterly direction to a point on U.S. 45 near the northeast corner of the southeast quarter of Section 20, Township 4 North, Range 16 East, all in Clarke County.
Mississippi 528 -- Begins at or near Bay Springs and extends to U.S. 11 at or near Heidelberg, all in Jasper County.
Mississippi 529 -- Begins with its intersection on U.S. 84 at or near Hebron community, thence in a northerly direction to Mississippi 28 at Gitano, Jones County.
Mississippi 531 -- Begins on Mississippi 28 approximately one mile east of Taylorsville in Smith County, thence in a northeasterly direction to the intersection with Mississippi 18 approximately three miles west of Bay Springs, Jasper County.
Mississippi 532 -- Begins at or near Mt. Olive, Covington County, and extends southeasterly via Hot Coffee, ending at U.S. 84 at or near Reddoch, Covington County.
Mississippi 533 -- Begins where it intersects Mississippi 28 at or near Soso, Jones County, thence in a northerly direction along the Ridge Road to Mississippi 15 at or near Stringer, Jasper County.
Mississippi 535 -- Begins at Seminary, thence in a northeasterly direction to a point on Mississippi 588, all in Covington County.
Mississippi 536 -- Begins on Mississippi 15 in Section 12, Township 7 North, Range 11 West, in Jones County, and extending in a northerly and southeasterly direction to Mississippi 63 in Wayne County in Section 26, Township 7 North, Range 8 West.
Mississippi 537 -- Begins at or near Laurel, Jones County, and extends northerly to the Jones-Jasper county line, thence northwesterly and southwesterly via Mossville to Mississippi 15, Jones County.
Mississippi 540 -- Begins at the intersection of Mississippi 469 at Harrisville, Simpson County, and extends easterly to Old U.S. 49 and Mississippi 13 at or near Mendenhall, thence southeasterly to new U.S. 49, thence in a northerly and easterly direction to a point on Mississippi 541 at Roy Upton's Store, thence northeasterly and easterly to intersect Mississippi 35 south of Raleigh, Smith County.
Mississippi 541 -- Begins approximately five miles south of the Simpson county line in Jefferson Davis County, thence in a northerly direction to or near Magee, Martinville and to intersect Mississippi 18 southeast of Puckett, and from another point on Mississippi 18 at or near White Oak, thence in a northwesterly direction to intersect Mississippi 13 north of Puckett, Smith County.
Mississippi 545 -- Begins at the intersection with Mississippi 28 in Simpson County, thence in a northerly direction for a distance of approximately two miles along the State Farm Road by and through the State Sanatorium Farm to a point of intersection with U.S. 49, all in Simpson County.
Mississippi 547 -- Begins at or near Port Gibson, Claiborne County, and extends southeasterly via Pattison to or near Allen, thence from a point on Mississippi 28 at or near Allen and extending in an easterly direction to Copiah-Lincoln county line.
Mississippi 548 -- Begins four miles east of Mississippi 18 at or near Hermanville, Claiborne County, thence easterly to the Claiborne-Copiah county line.
Mississippi 550 -- Begins on Mississippi 28 at or near Union Church, Jefferson County, and extends southeasterly to or near Brookhaven, Lincoln County.
Mississippi 552 -- Begins at the Mississippi River at or near the mouth of Bayou Pierre, Claiborne County, thence easterly then southerly on the Port Gibson-Alcorn University Road, and extends southerly to Alcorn State University, thence southeasterly to or near Lorman, thence in an easterly direction to Red Lick, thence near Blue Hill, and continues from McBride and intersects Mississippi 28 at Pleasant Hill, Jefferson County.
Mississippi 553 -- Begins on U.S. 61 at or near Stanton, Adams County, and extends in a northerly direction to or near Church Hill, thence in an easterly direction to Fayette, thence in a northerly direction to Harriston, Jefferson County.
Mississippi 554 -- Begins at or near Pine Ridge and extends to U.S. 61 at or near Selma, all in Adams County.
Mississippi 555 -- Begins at the road junction in Section 50, Township 6 North, Range 2 West, and extends in a northwesterly direction to U.S. 61 south of Natchez and from another point in Natchez, northeasterly to Pine Ridge, and thence three and eight-tenths miles north to Old Pine Ridge School, all in Adams County.
Mississippi 556 -- Begins on Mississippi 184 at or near Meadville, thence in a southeasterly direction to intersect U.S. 98, all in Franklin County.
Mississippi 558 -- Begins west of I-55 and extends along Brookway Boulevard to U.S. 51, thence continues to Mississippi 184 (Monticello Street), all in Brookhaven, Lincoln County.
Mississippi 563 -- Begins on U.S. 61 approximately three miles north of Woodville, thence to Wilkinson in a northeasterly direction to or near Crosby, all in Wilkinson County.
Mississippi 567 -- Begins on Mississippi 24 at or near Liberty, Amite County, and runs in a northerly direction to U.S. 98 south of Bude, Franklin County, except that section from Butler's Crossing, easterly to Zion Hill Baptist Church.
Mississippi 568 -- Begins at the Mississippi-Louisiana state line in Amite County and extends in a northeasterly direction to or near Gillsburg and ends on U.S. 51 south of Magnolia, Pike County.
Mississippi 569 -- Begins on Mississippi-Louisiana state line, Amite County, and extends in a northeasterly direction to Mississippi 48 at or near Beachwood, and from Mississippi 24 at or near Liberty in a northeasterly direction to Smithdale to intersect U.S. 98 at or near Auburn, Lincoln County.
Mississippi 570 -- Begins on U.S. 98 in Franklin County, thence in a southeasterly direction to or near Smithdale and McComb, thence from a point on Mississippi 44 in McComb to or near Felders and to intersect Mississippi 44 at or near Pricedale, Pike County.
Mississippi 571 -- Begins at a point approximately one mile east of Gillsburg on Mississippi 584 and runs in a southerly direction to connect with Louisiana 441, all in Amite County.
Mississippi 575 -- Begins at Progress, thence northeasterly for a distance of approximately four miles to a point of intersection with Mississippi 48, all in Pike County.
Mississippi 583 -- Begins at or near Brookhaven, Lincoln County, thence in a southeasterly direction through Enterprise and Ruth to intersect Mississippi 44 at Alton Brister's Store, thence southeasterly to or near Tylertown, Walthall County.
Mississippi 584 -- Begins at Liberty, Amite County, and runs in a southeasterly direction to or near Gillsburg, then to U.S. 51 at or near Osyka, Pike County.
Mississippi 585 -- Begins on U.S. 98 east of Tylertown, thence in a northeasterly direction to intersect Mississippi 586 at or near Darbon, all in Walthall County.
Mississippi 586 -- Begins at or near Darbon on Mississippi 585, thence in a southeasterly direction to U.S. 98 at or near Foxworth, Marion County.
Mississippi 587 -- Begins on U.S. 98 at Foxworth, Marion County, thence northwesterly to Morgantown, Whitebluff, Tilton and Robinwood to connect with U.S. 84 in Monticello, Lawrence County.
Mississippi 588 -- Begins on U.S. 84 approximately one mile east of Collins, Covington County, thence in an easterly direction to or near Ellisville, Jones County.
Mississippi 589 -- Begins at a point on I-59 at or near Purvis, Lamar County, thence in a northwesterly direction to intersect U.S. 98, thence continues northerly to or near Sumrall, then north to U.S. 49 at or near Seminary, Covington County.
Mississippi 590 -- Begins at a point on U.S. 49 at or near Seminary, Covington County, and extends in an easterly direction to a point on U.S. 11 at or near Ellisville, Jones County.
Mississippi 591 -- Begins on Mississippi 570 at Felder's Camp Ground, thence northerly approximately two-tenths mile, all in Pike County.
Mississippi 594 -- Begins on Mississippi 63 south of Leakesville and runs easterly to the Mississippi-Alabama state line, all in Greene County.
Mississippi 598 -- Begins on U.S. 49 at a point west of Sanford, continues in an easterly direction to another point at Sanford, all in Covington County.
Mississippi 601 -- A central Harrison County connector from I-10 to U.S. 90 in the vicinity of Canal Road to the Mississippi State Port at Gulfport.
Mississippi 603 -- Begins on Mississippi 43 at or near Kiln and extends in a northerly direction to or near Necaise, all in Hancock County.
Mississippi 604 -- Begins on U.S. 90 at or near the Mississippi-Louisiana state line and extends in a northeasterly direction to the Picayune-Bay St. Louis Road near Westonia, all in Hancock County.
Mississippi 605 -- Begins on U.S. 90 at Cowan Road in Gulfport, thence in a northerly direction along Cowan and Lorraine Roads to I-10, thence continuing to relocated/reconstructed Mississippi 67, northwest to relocated Mississippi 67 at or near U.S. 49, all in Harrison County.
Mississippi 606 -- Begins at the southern end of the Beach Highway in Hancock County, thence in a northeasterly direction across U.S. 90 to the northern end of Beach Highway.
Mississippi 607 -- Begins on U.S. 90 west of Bay St. Louis and runs in a westerly and northwesterly direction to I-10 south of N.A.S.A., thence from the intersection with unnumbered state highway at Santa Rosa north of N.A.S.A. to a point on I-59 at or near Nicholson, all in Hancock County.
Mississippi 609 -- Begins on U.S. 90 in Ocean Springs, thence north to I-10 and thence from the north end of the bridge over Bayou Costapia and extends northerly along what is known as the Old Spanish Trail Highway to approximately three-tenths mile south of George-Jackson county line, all in Jackson County.
Mississippi 611 -- Begins at the entrance to H.K. Porter Company, Inc., plant site in the Bayou Cassotte Industrial Area at Station 220-00, thence in a northerly direction for a distance of approximately four miles to intersect U.S. 90 at a point about one mile west of Kreole, thence westerly on U.S. 90 to intersect Chico Road, thence northerly on Chico Road and ends on Mississippi 613 south of Moss Point, all in Jackson County to be designated as Mississippi 613.
Mississippi 612 -- Begins on Mississippi 613 at or near Hathaway's Store, thence in an easterly direction to the Mississippi-Alabama state line, all in George County.
Mississippi 613 -- Begins on U.S. 90 in Pascagoula, Jackson County, thence northerly via Call Town, Bigpoint, Hurley, Harleston and Agricola to Mississippi 198 at Lucedale, George County.
Mississippi 614 -- Begins at Wade on Mississippi 63, thence in an easterly direction to or near Hurley, thence to the Mississippi-Alabama state line, all in Jackson County.
Mississippi 615 -- An east Harrison County connector from U.S. 90 to I-10 to be located between the Cowan-Lorraine Road interchange and the I-110 interchange, thence northerly to relocated/reconstructed Mississippi 67.
Mississippi 617 -- Begins at Litton Industries, Inc., between West Pascagoula River and East Pascagoula River in the City of Pascagoula and extends north to U.S. 90, all in Jackson County.
Mississippi 618 -- Mississippi 613 Spur--Begins on Mississippi 613 in Moss Point and extends east to U.S. 90 at Orange Grove, Jackson County.
Mississippi 619 -- Spur--Extends south to Naval Station, also known as Singing River Island Causeway, all in Jackson County.
Mississippi 621 -- Begins I-10 and extends in a northerly direction to North Swan Road ending on U.S. 49 at or near Lyman, all in Harrison County.
Mississippi 701 -- Begins at the intersection of U.S. 78 with Mulberry Street in the Town of Potts Camp, thence southwesterly along Mulberry Street to Front Street, thence southeasterly along Front Street to Ash Street, thence northerly to Mississippi 178, all in Marshall County.
Mississippi 702 -- Mississippi 5 Spur--Begins on Mississippi 7 and extends east to Michigan City, Benton County.
Mississippi 703 -- Begins at or near Byhalia Cemetery on Mississippi 178 in the north part of the City of Byhalia, thence runs southeasterly down Main Street to Hood's Store on U.S. 78, all in Marshall County.
Mississippi 704 -- Begins on Mississippi 7, thence in an easterly direction, approximately one-half mile to Lamar, Benton County.
Mississippi 705 -- Loop--All in the Town of Hickory Flat off Mississippi 178 in Benton County.
Mississippi 706 -- Spur--Begins on U.S. 49E and extends west to Sidon, Leflore County.
Mississippi 713 -- Mississippi 304 Spur--Extends southwesterly to or near Robinsonville, Tunica County, from Mississippi 304.
Mississippi 714 -- Mississippi 3 Spur--Begins on Mississippi 3 and extends west into Sledge, Quitman County.
Mississippi 716 -- Mississippi 315 Spur--Begins on Mississippi 315 thence west to Quitman-Tunica county line.
Mississippi 718 -- U.S. 51 Spur--Begins on U.S. 51 and extends west to Courtland, Panola County.
Mississippi 720 -- I-55 Connection--Begins on I-55 and extends west to U.S. 51 between Courtland and Pope, Panola County.
Mississippi 722 -- Spur--Begins on U.S. 51 and extends west to Pope, Panola County.
Mississippi 723 -- Begins at a point on Mississippi 32 approximately eight miles northwest of Bruce, Calhoun County, runs north of Gulf Interstate Gas Pumping Station.
Mississippi 724 -- U.S. 51 Spur--Begins on U.S. 51 north of Oakland, Yalobusha County, and extends west into Enid, Tallahatchie County.
Mississippi 725 -- Mississippi 6 Spur--Begins on Mississippi 6 and extends north to Batesville, Panola County.
Mississippi 726 -- U.S. 49 Spur--Begins on U.S. 49 and extends south to Tutwiler, Tallahatchie County.
Mississippi 727 -- Mississippi 32 Connection--Begins on Mississippi 32, Tallahatchie County, and extends east to U.S. 51 in Oakland, Yalobusha County.
Mississippi 728 -- U.S. 49E Spur--Begins on U.S. 49E and extends east into Sumner, Tallahatchie County.
Mississippi 729 -- Begins on U.S. 51 and extends northeasterly to I-55, all in Grenada County.
Mississippi 731 -- Mississippi 35 Connection--Begins on Mississippi 35 in South Kosciusko and extends north to Mississippi 12, all in Attala County.
Mississippi 732 -- Begins on Mississippi 35 approximately three and one-half miles south of Charleston, thence runs in an easterly direction to Camp Tallaha, Tallahatchie County.
Mississippi 733 -- Begins at the junction of Old Taylor-Oxford Road with Mississippi 328 near the railroad overpass southwest of Taylor and extends in a northerly direction approximately one mile to an intersection in Taylor, Lafayette County.
Mississippi 734 -- Spur--Begins on U.S. 49E and extends east into Glendora, Tallahatchie County.
Mississippi 735 -- Mississippi 12 Loop--Begins on Mississippi 12 and extends east and north to Mississippi 12 in Kosciusko, Attala County.
Mississippi 736 -- Begins on Mississippi 35 south of the Yockanookany River, then runs easterly through Williamsville to Mississippi 14, all in Attala County.
Mississippi 737 -- Begins on Mississippi 178 at or near Red Banks, thence through the business district of Red Banks and ends on Mississippi 178, all in Marshall County.
Mississippi 738 -- Mississippi 6 Connection--Begins on Mississippi 6 and extends west to Mississippi 334 in East Oxford, Lafayette County.
Mississippi 739 -- Loop--Begins on Mississippi 12 and extends east and north through Ethel, Attala County, to Mississippi 12.
Mississippi 741 -- Begins at a point at or near Gilliland Hill approximately five miles south of the corporate limits of the City of Kosciusko, Mississippi, thence runs in an easterly direction to Old Mississippi 35, thence in a northerly direction to Texas Eastern Pumping Station, all in Attala County.
Mississippi 743 -- Spur--Begins on U.S. 82 in South Greenwood at U.S. 49E and extends north, all in Leflore County.
Mississippi 744 -- Spur--Begins on U.S. 82 in East Greenwood and extends west on East Stone Street, all in Leflore County.
Mississippi 745 -- Mississippi 182 Connection--Begins on Mississippi 182 and extends southeast to Mississippi 413 in the Town of Kilmichael, all in Montgomery County.
Mississippi 747 -- That portion of Getwell Road from the Mississippi-Tennessee state line south to its intersection with Church Road, all in DeSoto County.
Mississippi 758 -- Mississippi 25 Connection--Begins on Mississippi 25 and extends southwest .310 mile to a local road.
Mississippi 759 -- Mississippi 12 Loop--Begins on Mississippi 12 and extends east and north to Mississippi 12 through Ackerman, all in Choctaw County.
Mississippi 760 -- Mississippi 25 Connection--Begins on Mississippi 25 south of Belmont and extends east to Golden as Mississippi 366, all in Tishomingo County.
Mississippi 761 -- Mississippi 178 Spur--Begins on Mississippi 178 and extends north to Myrtle, all in Union County.
Mississippi 762 -- Mississippi 15 Spur--Begins on Mississippi 15 and extends west to Ingomar, Union County.
Mississippi 763 -- U.S. 82 Connection--Begins on U.S. 82 and extends northwest to Mississippi 15 in Maben, Oktibbeha County.
Mississippi 764 -- Mississippi 9 Spur--Begins on Mississippi 9 in Blue Springs, Union County, and extends north.
Mississippi 765 -- Begins at the Natchez Trace Parkway, runs thence easterly for a distance of approximately 2,800 feet to or near Bland's Store, in the Village of Cumberland, all in Webster County.
Mississippi 766 -- Begins in the Town of Saltillo at Mississippi 363, and runs in a northerly direction to the intersection of Mississippi 145, all in Lee County.
Mississippi 767 -- Begins at the intersection of Ridgeroad and Mississippi 25, Tishomingo County, thence southeasterly along Ridgeroad to the Mississippi-Alabama state line, Itawamba County.
Mississippi 768 -- Begins on Mississippi 15 south of Ackerman, thence in an easterly direction past Choctaw Lake to the 4-H Club Picnic Grounds. This includes a spur past the clubhouse and ends at the picnic grounds, all in Choctaw County.
Mississippi 769 -- Begins at or near the south corporate limits of Tupelo and extends over Old U.S. 45, proceeds to Green Street in Tupelo, through Tupelo on Green Street to the intersection of Green Street and Mississippi 145 near the north corporate limits of Tupelo, all in Lee County.
Mississippi 770 -- Connection--Begins on Mississippi 15 and extends west to the intersection of Mississippi 6 and 9 in the Town of Pontotoc, all in Pontotoc County.
Mississippi 772 -- Mississippi 15 Spur--Begins on Mississippi 15 and extends west to Algoma, Pontotoc County.
Mississippi 773 -- Commences at the intersection of Center Road and Mississippi 2 and extends northeasterly along Center Road for about two miles to its intersection with Peoples Farm to
Market Road, all in Tippah County.
Mississippi 774 -- U.S. 45 Connection--Begins on U.S. 45 and extends east to Mississippi 6 in the Town of Nettleton, Lee/Monroe County.
Mississippi 775 -- Mississippi 12 Spur--Begins on Mississippi 12 and extends east at Mississippi State University in Starkville on Old Mississippi 12, all in Oktibbeha County.
Mississippi 776 -- Begins at the intersection of Old Mississippi 6 and new Mississippi 6, thence runs northeast along Old Mississippi 6 to its intersection with Mississippi 371, all in Monroe County.
Mississippi 777 -- Begins at or near the southern boundary of the Town of Walnut at or near the intersection of old and new Mississippi 15, follows the route of Old Mississippi 15, and runs through the business section of Walnut and in a northerly direction to intersect U.S. 72, all in Tippah County.
Mississippi 778 -- Begins at U.S. 78 in Section 22, Township 8 South, Range 4 East, thence in a southeasterly direction in the vicinity of Old U.S. 78 to intersect U.S. 78, or Mississippi 9, at or near Sherman.
Mississippi 779 -- Spur--Begins on U.S. 72 and extends north to Glen, Alcorn County.
Mississippi 781 -- Mississippi 50 Spur--Begins on Mississippi 50 near Cedar Bluff and extends to State Lime Plant, all in Clay County.
Mississippi 782 -- Mississippi 15 Connection--Begins on Mississippi 15 and extends west in Mantee, Webster County.
Mississippi 784 -- Mississippi 9 Loop--Begins on Mississippi 9 and extends east and north across Mississippi 50 and back to Mississippi 9 in the Town of Walthall, Webster County.
Mississippi 785 -- U.S. 72 Spur--Begins on U.S. 72 in Corinth and extends north on Davis Street and Cass Street to Wick Street, all in Alcorn County.
Mississippi 786 -- Begins at a point on U.S. 45, and runs west at distance of approximately 1.27 miles to the Columbus Air Force Base, all in Lowndes County.
Mississippi 788 -- U.S. 45A Spur--Begins on U.S. 45A and extends east to Artesia, Lowndes County.
Mississippi 789 -- Begins on U.S. 82 and extends southeasterly along Airport Road and Industrial Park Road to Artesia Road, thence northeasterly along Artesia Road to U.S. 45.
Mississippi 790 -- Mississippi 9 Connection--Begins on Mississippi 9 and extends northeast to Mississippi 15 north of Ackerman, Choctaw County.
Mississippi 792 -- Begins on U.S. 45 and extends easterly along Carson Road, for a distance of approximately four and one-half miles to the new Weyerhauser Road, Lowndes County, thence continues south to Mississippi 388 in Noxubee County.
Mississippi 793 -- Mississippi 30 Spur--Begins on Mississippi 30 west of Tishomingo and extends north to Paden, Tishomingo County.
Mississippi 795 -- Mississippi Economic and Community Development Highway Project No. DECD-0044(19)B located from Eka Chemical Plant entrance on Nashville Ferry Road located in Section 11, Township 19 South, Range 18 West, northerly along Nashville Ferry Road until it intersects with Pickensville Road, thence northerly along Pickensville Road (existing and relocated) until it intersects with Yorkville Road, thence east along Yorkville Road to U.S. 69 located in Section 26, Township 18 South, Range 18 West, for a total length of 4.419 miles.
Mississippi 801 -- Begins on Mississippi 27 north of Crystal Springs, Copiah County, thence north to Copiah-Hinds county line. This was Old U.S. 51.
Mississippi 802 -- U.S. 61 Spur--Begins on U.S. 61 and extends northwest into the Town of Alligator, Bolivar County.
Mississippi 804 -- Mississippi 1 Loop--A loop on Mississippi 1 at Gunnison, Bolivar County.
Mississippi 806 -- Begins at the intersection of the south end of new U.S. 49W bypass just south of Isola, thence into Isola to the north end of U.S. 49 bypass, Humphreys County.
Mississippi 808 -- Begins on U.S. 61 in Port Gibson, thence west to Market Street, thence in a northeasterly direction along Market Street, thence to U.S. 61 approximately three-fourths mile north of Port Gibson, all in Claiborne County.
Mississippi 809 -- Industrial access road from the port and industrial area to U.S. 82 in Greenville, Washington County.
Mississippi 810 -- Spur--Begins on U.S. 49W and extends west to Sunflower, Sunflower County.
Mississippi 812 -- Spur--Begins on U.S. 49W and extends north into Ruleville, Sunflower County.
Mississippi 814 -- Begins on Mississippi 1 north of Greenville and extends south to north corporate limits of Greenville as Old Mississippi 1 Business Route, thence extends along North Broadway Street in a southerly direction, to the intersection of U.S. 82 and the south corporate limits of Greenville, thence runs easterly to Mississippi 1, all in Washington County.
Mississippi 816 -- Mississippi 149 Spur--Begins on Mississippi 149 and extends west to Inverness, Sunflower County.
Mississippi 817 -- Mississippi 8 Spur--Begins at Pace and extends north to Mississippi 8, all in Bolivar County.
Mississippi 818 -- U.S. 49E Spur--Begins on U.S. 49E and extends west to Cruger, Holmes County.
Mississippi 819 -- Begins on Mississippi 548 in Hermanville, thence extends northward to Mississippi 18 at Hermanville, Claiborne County.
Mississippi 820 -- Spur--Begins on U.S. 49W and extends west to Drew, Sunflower County.
Mississippi 822 -- Begins four-tenths mile west of the intersection of I-20 and U.S. 80 on West Street and extends east approximately six and two-tenths miles, all in Warren County.
Mississippi 824 -- U.S. 61 Spur--Begins on U.S. 61 and extends west in Anguilla, Sharkey County.
Mississippi 826 -- Begins at a point on Mississippi 14 approximately one mile west of Rolling Fork and runs south to U.S. 61 south of Rolling Fork, all in Sharkey County.
Mississippi 828 -- U.S. 49E Spur--Begins on U.S. 49E and extends west to Yazoo City, Yazoo County.
Mississippi 830 -- U.S. 49 Loop--Begins on U.S. 49 and extends east and north to U.S. 49 at and in Bentonia, Yazoo County.
Mississippi 832 -- Connection--Begins on U.S. 49W and extends into Doddsville, Sunflower County.
Mississippi 834 -- A truck route from Harbor Industrial Park to U.S. 61 north, Warren County.
Mississippi 835 -- Spur--Begins on U.S. 49E and extends north to Tchula, Holmes County.
Mississippi 844 -- U.S. 51 Loop--Begins at I-55 south of Crystal Springs and extends east across U.S. 51 and north to U.S. 51 in Crystal Springs, all in Copiah County.
Mississippi 848 -- Spur--Begins on U.S. 51 in Beauregard and extends south on North Street, all in Copiah County.
Mississippi 850 -- A route from the Wesson Campus of Copiah-Lincoln Junior College directly to U.S. 51, all in Copiah County.
Mississippi 852 -- U.S. 45A Loop--Begins on U.S. 45A in Brooksville and extends south and east to U.S. 45 at Brooksville, all in Noxubee County.
Mississippi 853 -- Begins at the point where Mississippi 16 intersects the gravel road and runs along Sections 35 and 36, Township 11 North, Range 12 East, Neshoba County, and runs south along the section lines between Sections 35 and 36 and between Sections 1 and 2, Township 10 North, Range 12 East, to the intersection of the gravel road with Mississippi 486, all in Neshoba County.
Mississippi 854 -- Begins at its intersection with Mississippi 39 at or near Lizelia and extends easterly approximately three and one-half miles to the United States Naval Auxiliary Air Station, Lauderdale County. The Transportation Commission shall maintain, construct, take over and assume jurisdiction of such highway in the same manner and subject to the same conditions as set out in Sections 65-1-75 and 65-3-3. Such highway shall remain under the jurisdiction of the Transportation Commission for as long as the highway is used to provide access to the United States Naval Auxiliary Air Station or to any other United States government facility.
Mississippi 855 -- Mississippi 890 Connection--Between Mississippi 890 in Bolton and I-20 north of Bolton, Hinds County.
Mississippi 878 -- Mississippi 35 Connection--Begins on Mississippi 35 and extends east and north to Mississippi 35 in Walnut Grove, Leake County.
Mississippi 881 -- U.S. 80 Connection--Begins on U.S. 80 west of Newton and extends southeast approximately two-tenths mile, all in Newton County.
Mississippi 882 -- Loop--Begins on Mississippi 35 and extends west and north to Mississippi 35 at Harperville, Scott County.
Mississippi 883 -- Spur--Begins on U.S. 80 and extends south on Decatur Street, Newton County. Was Old Mississippi 15.
Mississippi 884 -- U.S. 45 Spur--Begins on U.S. 45 and extends south toward Marion, Lauderdale County.
Mississippi 885 -- Mississippi 16 Connection--Begins on Mississippi 16 west of Philadelphia and extends northwest to intersect with Mississippi 15, all in Neshoba County.
Mississippi 886 -- Begins at the intersection of I-55 in the Town of Ridgeland thence runs in an easterly direction to U.S. 51 and Jackson Avenue, all in Madison County.
Mississippi 888 -- Mississippi 13 Spur--Begins on Mississippi 13 and extends west at Roosevelt State Park south of Morton, Scott County.
Mississippi 889 -- I-20 Connection--Begins at the junction of U.S. 80 and Adams Street in Chunky, thence north to I-20, all in Newton County.
Mississippi 890 -- U.S. 80 Connection--Frontage Road Connection at Bolton, Hinds County.
Mississippi 892 -- Mississippi 35 Spur--Begins on Mississippi 35 and extends east to Homewood, Scott County.
Mississippi 894 -- Begins on Mississippi 19 south of Philadelphia near the Neshoba County Hospital and extends in a northeasterly direction to intersect present Mississippi 482 about one and three-tenths miles north of its intersection with Mississippi 16.
Mississippi 895 -- Begins at road intersection with U.S. 11 and 80 near the center of Section 26, Township 7 North, Range 17 East, thence northwesterly, northeasterly and southeasterly through Sections 23, 24, 25 and 26 to intersection of U.S. 11 and U.S. 80 in the northeast quarter of the southeast quarter of Section 25, Township 7 North, Range 17 East, Lauderdale County.
Mississippi 897 -- Begins on Mississippi 496 in Section 11 and continues through Section 13, all in Township 6 North, Range 18 East, to the Mississippi-Alabama state line.
Mississippi 902 -- Mississippi 35 Connection--Begins on Mississippi 35 at Lorena and extends southwest to Mississippi 481 at Burns, all in Smith County.
Mississippi 903 -- Begins on U.S. 84 approximately three miles west of Monticello, thence runs in a northerly direction to Lake Mary Crawford, all in Lawrence County.
Mississippi 904 -- Begins at Lake Lincoln Road, Lincoln County, proceeds easterly to Mississippi 27 at or near Wanilla, Lawrence County.
Mississippi 905 -- Begins at the intersection of Adams Road with U.S. 51, thence west to Wardlaw Road, and thence continues north to Mississippi 24, all in Pike County.
Mississippi 906 -- Begins on U.S. 51 in Summit and runs in an easterly direction to intersect Mississippi 570, all in Pike County.
Mississippi 908 -- A route providing direct access from the interchange at I-55 at or near Summit to Southwest Community College, all in Pike County.
Mississippi 911 -- Begins on Mississippi 24, now Mississippi 33 in South Gloster, and extends northwest on Kahnville Road, Amite County.
Mississippi 913 -- Spur--Begins on Mississippi 24, now Mississippi 33 in East Gloster, and extends west to Liberty Road, Amite County.
Mississippi 915 -- Mississippi 42 and Mississippi 43 Connection--Begins on Jones Street and runs between Mississippi 43 and Mississippi 42, in the Town of New Hebron, Lawrence County.
Mississippi 917 -- Mississippi 18 Loop--Begins at the intersection of Mississippi 18 at or near the Sylvarena Masonic Lodge and makes what is known as the Sylvarena Loop, coming back into Mississippi 18 at or near the residence of Will Houston, all in Smith County.
Mississippi 923 -- Mississippi 584 Spur--Begins on Mississippi 584 in the southeast corner of Amite County east of Gillsburg and extends southeast to the Louisiana-Mississippi state line.
Mississippi 927 -- Spur--Begins on Mississippi 906 east of Summit and extends north to Southwest Community College, Pike County.
Mississippi 928 -- U.S. 65 Spur--Begins on U.S. 65 in Natchez and extends north on Homochitto Street, Adams County.
Mississippi 930 and 932 -- Begin on U.S. 61 North in Adams County, in the vicinity of the weighing scales and proceed therefrom to the intersection of Melrose Avenue and East Franklin Street.
Mississippi 937 -- U.S. 84 Spur--Begins on U.S. 84 in south Prentiss and extends north on Columbia Avenue to the railroad crossing, all in Jefferson Davis County.
Mississippi 938 --
Begins at the northwest corner of new Mississippi Department of Transportation * * *
District Office site
and extends easterly to U.S. 51 approximately forty-five one-hundredths mile
north of the north corporate limits of the City of McComb, Pike County.
Mississippi 946 -- Mississippi 24 Spur--Begins on Mississippi 24, now Mississippi 33, Amite County, and extends northwest to Centreville, Wilkinson County.
Mississippi 952 -- Mississippi 513 Spur--Begins on Mississippi 513 and extends north to U.S. 11 in Enterprise, Clarke County.
Mississippi 967 -- U.S. 49 Spur--Begins on Mississippi 42 in north Hattiesburg and extends south on Main Street, all in Forrest County.
Mississippi 969 -- Spur--Begins on U.S. 49 approximately 2.84 miles south of U.S. 11, and extends north on Edwards Street approximately .83 miles, all in Hattiesburg, Forrest County.
Mississippi 992 -- Mississippi 43 Spur--Begins on Mississippi 43 northwest of Picayune and extends south to Picayune, Pearl River County.
SECTION 186. Section 65-3-34, Mississippi Code of 1972, is amended as follows:
65-3-34. The Mississippi
Department of Transportation shall construct and reconstruct to department
design standards four (4) lanes for traffic on and along Mississippi Highway
552 in Jefferson and Claiborne Counties beginning at its intersection with United
States Highway 61 in Jefferson County and extending to Alcorn State University
in Claiborne County. The Mississippi Department of Transportation * * *
shall also construct an
interchange at the intersection of newly constructed Mississippi Highway 552
and United States Highway 61. Such highway and interchange shall be under the
jurisdiction of the Mississippi Department of Transportation * * *
for construction and
maintenance and, together with the highways designated in Sections 65-3-3 and
65-3-5, and all other laws adding links to the state designated highway system,
are declared to be the State Highway System of Mississippi.
SECTION 187. Section 65-3-39, Mississippi Code of 1972, is amended as follows:
65-3-39. (1) U.S. Highway
45 within the State of Mississippi is hereby designated as "The Veterans'
Memorial Highway" in honor of and in genuine gratitude and appreciation
for the contributions made by veterans of this state in the defense of and
service to this country, excluding, however, that portion from Baldwyn in Lee
County to Nettleton in Lee County previously designated as the "David
Williams Robins Highway" by Chapter 300, Laws of 1954. The * * * Mississippi
Department of Transportation is hereby authorized and empowered to allow
the erection on the highway rights-of-way of suitable monuments and markers as
prescribed and provided by the veterans' organizations within the state.
(2) Upon the completion of
the corridor through the eastern part of the state from Tennessee to the Gulf
of Mexico as authorized by Chapter 484, Laws of 1972, said new corridor shall
be designated as "The Veterans' Memorial Highway" in appreciation for
the services of veterans to this state and the * * * Mississippi
Department of Transportation is hereby authorized and empowered to allow
the erection on the highway rights-of-way suitable monuments and markers as
prescribed and provided by the veterans' organizations within the state and the
designation of old U.S. Highway 45 as "the Veterans' Memorial
Highway" shall be abandoned.
SECTION 188. Section 65-3-51, Mississippi Code of 1972, is amended as follows:
65-3-51. The * * * Mississippi
Department of Transportation is hereby directed to designate the bridge
located at the interchange of U.S. Highway 61 and U.S. Highway 82 in Leland,
Mississippi, as the "Donnie Gene Kelley Memorial Bridge" and to place
appropriate markers at each end of the bridge.
SECTION 189. Section 65-3-71.10, Mississippi Code of 1972, is amended as follows:
65-3-71.10. The * * * Mississippi
Department * * * of
Transportation shall erect appropriate signs on and along all highways
leading northerly from the Mississippi Gulf Coast designating such highways as
hurricane evacuation routes.
SECTION 190. Section 65-3-97, Mississippi Code of 1972, is amended as follows:
65-3-97. (1) In addition to and including all other highways designated as a part of the state highway system, there is hereby designated as a part thereof a four-lane highway system to connect various areas of the state with interstate and primary highways. For the segments described in subsection (3) of this section, the Mississippi Department of Transportation shall construct and reconstruct four-lane highways, that is, not less than two (2) lanes for traffic flowing in each direction, along the routes designated in this section.
(2) In the construction and
reconstruction of the four-lane highway system designated in subsection (3) of
this section, the Mississippi Department of Transportation may utilize the
roadway of any existing highway under its jurisdiction and control and shall do
so when such utilization is feasible, provided that such highways which are
utilized shall be constructed to current standards for such roadways. When it
is not feasible to utilize existing designated highways, the Mississippi
Department of Transportation * * * shall relocate such highways and
construct entirely new facilities whether in urban or rural areas.
(3) Construction of the four-lane highway system designated in this subsection shall commence, proceed and be performed by the Mississippi Department of Transportation strictly in accordance with the following set of priorities established for the letting of contracts on and along various segments thereof:
(a) Of the following group of highway segments not less than fifteen percent (15%) of all contracts necessary to be let for completion of all segments within the group shall be let by June 30, 1988, not less than thirty percent (30%) of such contracts shall be let by June 30, 1989, not less than fifty percent (50%) of such contracts shall be let by June 30, 1990, not less than seventy percent (70%) of such contracts shall be let by June 30, 1991, not less than ninety percent (90%) of such contracts shall be let by June 30, 1992, and one hundred percent (100%) of such contracts shall be let by June 30, 1993:
(i) Highway segments along or near U.S. 45 beginning at the Clarke/Lauderdale county line and extending northerly to I-59; then beginning at Macon and extending northerly to Brooksville; then beginning at Columbus Air Force Base and extending northerly to Aberdeen; then beginning at U.S. 278 and extending northerly to Shannon; then beginning at Saltillo and extending northerly to Corinth.
(ii) Highway segments along or near U.S. 45A beginning at U.S. 82 and extending northerly to West Point; then beginning four (4) miles south of Okolona and extending northerly to Shannon.
(iii) A highway segment along or near U.S. 49W beginning at U.S. 49 and extending westerly through Yazoo City to the Yazoo River.
(iv) A highway segment along or near U.S. 49W beginning at Inverness and extending northerly to Indianola.
(v) A highway segment along or near U.S. 61 beginning at Port Gibson and extending northerly to the four-lane south of Vicksburg.
(vi) Highway segments along or near U.S. 72 beginning at or near Mt. Pleasant and extending southeasterly to Mississippi 5; then beginning at Walnut and extending southeasterly to Corinth; then beginning at Strickland and extending southeasterly to Burnsville.
(vii) Highway segments along or near U.S. 78 beginning at Holly Springs and extending southeasterly to the New Albany bypass; then beginning at Mississippi 25 and extending southeasterly to Tremont.
(viii) Highway segments along or near U.S. 82 beginning at I-55 and extending easterly to Kilmichael; then beginning at Eupora and extending easterly to Mathiston; then beginning at Mississippi 12 and extending easterly to the Alabama state line.
(ix) A highway segment along or near U.S. 84 beginning at I-59 and extending easterly to the Jones/Wayne county line.
(x) Highway segments along or near U.S. 98 beginning at Columbia and extending easterly to the Marion/Lamar county line; then beginning at U.S. 49 and extending southeasterly to the Alabama state line.
(b) Of the following group of highway segments not less than five percent (5%) of all contracts necessary to be let for completion of all segments within the group shall be let by June 30, 1991, not less than ten percent (10%) of such contracts shall be let by June 30, 1992, not less than twenty-five percent (25%) of such contracts shall be let by June 30, 1993, not less than forty percent (40%) of such contracts shall be let by June 30, 1994, not less than fifty-five percent (55%) of such contracts shall be let by June 30, 1995, not less than seventy percent (70%) of such contracts shall be let by June 30, 1996, not less than eighty-five percent (85%) of such contracts shall be let by June 30, 1997, and one hundred percent (100%) of such contracts shall be let by June 30, 1998:
(i) Highway segments along or near Mississippi 25 beginning at Mississippi 471 and extending northeasterly to Mississippi 43; then beginning at the Winston/Oktibbeha county line and extending northeasterly to Starkville.
(ii) A highway segment along or near Mississippi 63 beginning at the Jackson/George county line and extending northerly to Lucedale.
(iii) A highway segment along or near Mississippi 302 beginning at I-55 in Southaven and extending easterly to U.S. 72 at or near Mt. Pleasant.
(iv) Highway segments along or near U.S. 45 beginning at the Alabama state line and extending northerly to the Clarke/Lauderdale county line; then beginning at Lauderdale and extending northerly to Macon; then beginning at Aberdeen and extending northerly to U.S. 278.
(v) A highway segment along or near U.S. 45A beginning at West Point and extending northerly to four (4) miles south of Okolona.
(vi) A highway
segment beginning at Brooksville along or near U.S. 45 or U.S. 45A and
extending northerly to U.S. 82 * * *.
(vii) A highway segment along or near U.S. 49W beginning at the Yazoo River and extending northerly to Inverness.
(viii) Highway segments along or near U.S. 61 beginning at the Louisiana state line and extending northerly to the Wilkinson/Adams county line; then beginning at Washington and extending northerly to Port Gibson; then beginning at Merigold and extending northerly to Shelby; then beginning at the north end of the Clarksdale bypass and extending northerly to the Tennessee state line.
(ix) A highway segment along or near U.S. 72 beginning at Mississippi 5 and extending southeasterly to Walnut.
(x) A highway segment along or near U.S. 78 beginning at Tremont and extending southeasterly to the Alabama state line.
(xi) Highway segments along or near U.S. 82 beginning at the Montgomery/Webster county line and extending easterly to Eupora; then beginning at Mathiston and extending easterly to Starkville.
(xii) Highway segments along or near U.S. 84 beginning at Leesdale and extending easterly to Roxie; then beginning at Auburn Road and extending easterly to I-55; then beginning at the east end of the Brookhaven bypass and extending easterly to Prentiss; then beginning at the Jones/Covington county line and extending easterly to Horse Creek; then beginning at the Jones/Wayne county line and extending easterly to Waynesboro.
(xiii) Highway segments along or near U.S. 98 beginning at the Pike/Walthall county line and extending easterly to Columbia; then beginning at the Marion/Lamar county line and extending easterly to the four-lane west of Hattiesburg.
(c) Of the following group of highway segments not less than ten percent (10%) of all contracts necessary to be let for completion of all segments within the group shall be let by June 30, 1996, not less than twenty percent (20%) of such contracts shall be let by June 30, 1997, not less than forty percent (40%) of such contracts shall be let by June 30, 1998, and one hundred percent (100%) of such contracts shall be let by June 30, 1999:
(i) A highway segment along or near Mississippi 25 beginning at Mississippi 43 and extending northeasterly to the Winston/Oktibbeha county line.
(ii) A highway segment along or near Mississippi 63 beginning at Lucedale and extending northerly to U.S. 45 at State Line.
(iii) A highway segment along or near U.S. 61 beginning at Shelby and extending northerly to U.S. 49.
(iv) A highway segment along or near U.S. 82 beginning at Kilmichael and extending easterly to the Montgomery/Webster county line.
(v) Highway segments along or near U.S. 84 beginning at Eddiceton and extending easterly to Auburn Road; then beginning at Prentiss and extending easterly to Collins; then beginning at Waynesboro and extending easterly to the Alabama state line.
(4) (a) The Mississippi Department of Transportation shall construct and reconstruct four-lane highways, that is, not less than two (2) lanes for traffic flowing in each direction along the following routes:
(i) Highway segments along or near Mississippi 15 beginning at I-10 and extending northerly to the Mississippi/Tennessee state line.
(ii) A highway segment along or near Mississippi 6 beginning at or near U.S. 61 and extending easterly to or near I-55 at or near Batesville.
(iii) A highway segment along or near Mississippi 6 beginning at or near Mississippi 9 and extending easterly to U.S. 45.
(iv) A highway segment along or near Mississippi 25 beginning at or near U.S. 45 and extending northerly to or near Iuka, and the portion of such segment that is described in Section 65-3-137 shall be constructed in compliance with such section.
(v) A highway segment along or near Mississippi 43 beginning at or near the Stennis Airport and extending northerly and northwesterly to the Hancock/Pearl River county line.
(b) (i) Contracts for the highway segments designated in this subsection and subsection (5) of this section may be let after the letting of all contracts necessary for completion of the highway segments designated in subsection (3) of this section; however, contracts for the highway segments described in this subsection may be let concurrently with the letting of contracts for highway segments designated in subsection (3) of this section if funds are available and are not necessary to be utilized for the segments designated in subsection (3) of this section.
(ii) Contracts for
highway segments designated in this subsection shall have priority over
contracts for highway segments that have the same level of service in any
priority schedule adopted by the Mississippi Department of
Transportation * * * under subsection (5) of this section.
(iii) It is the intention of the Legislature that no contracts for highway segments in subsections (4) and (5) of this section may be let before all highway segments under subsection (3) of this section have been let for contract.
(c) In the
construction and reconstruction of the four-lane highway segments designated in
this subsection, the Mississippi Department of Transportation may utilize the
roadway of any existing highway under its jurisdiction and control and shall do
so when such utilization is feasible, provided that such highways which are
utilized shall be constructed to current standards for such roadways. When it
is not feasible to utilize existing designated highways, the Mississippi Department
of Transportation * * * shall relocate such highways and construct entirely new facilities
whether in urban or rural areas.
(5) (a) (i) The Mississippi
Department of Transportation * * * shall construct, upgrade or improve
the segments described in paragraphs (f), (g) and (h) of this subsection, the
projects described in Section 65-39-1 and other highway construction under its
jurisdiction, in accordance with a priority schedule based upon a needs
analysis performed by the Mississippi Department of Transportation. The
priority schedule shall be reviewed annually by the Mississippi
Department of Transportation to determine if the priority schedule is in need
of revision. The analytic methods and procedures utilized by the Mississippi
Department of Transportation to perform the needs analysis shall conform to
current standards and practices of the transportation sciences and industry as
promulgated in appropriate documentation of the United States Department of
Transportation, the Transportation Research Board, the American Association of
Highway and Transportation Officials, and other recognized and relevant
bodies. Such conforming methodologies shall be applied utilizing
considerations appropriate to the specific situation and may include capacity
analysis, traffic counting, traffic projection, cost estimation, benefit-cost
analysis, user cost analysis, land use projections and similar analyses and
projections, so that all analyses are completed with the best tools available
at the time of the analysis. The Mississippi Department of
Transportation * * * may establish and publish standards for setting the priorities and
in so doing shall consider other factors, not in violation of federal law, as
the * * * department may consider relevant, including, but
not limited to, economic development, safety and highways that may serve as
hurricane evacuation routes. The first determinant for construction of highway
segments shall be the year of need. "Year of need" for purposes of
this section is the year in which the level of service on a segment is
projected to deteriorate to an unacceptable level. For segments with the same
year of need, prioritization shall be based on the volume to capacity ratio and
the daily traffic volume. In the event that the * * * department
deviates from the recommended priorities presented through the needs analysis,
the * * *
department shall * * *spread the provide written specific reasons for the
deviation * * *. The priority schedule shall reflect immediate needs which
shall be construction, upgrades and improvements to the state highway system
needed over a five-year period based upon the criteria established in this
paragraph which shall be reviewed annually by the Mississippi Department of
Transportation. The priority schedule shall project mid-range needs which
shall include highway corridors that are projected to reach an unacceptable
level of service within ten (10) years after each annual review of the priority
schedule. The priority schedule shall project long-range needs which shall
include highway corridors that are projected to reach an unacceptable level of
service ten (10) years or more after each annual review of the priority
schedule.
(ii)
Notwithstanding any other provisions of this section to the contrary, projects
for the construction, reconstruction, improvement or modification of any
highway or highway segment required to be performed by the * * *
Mississippi Department of Transportation by any act of the
Legislature that was enacted and became effective before July 1, 2002, shall be
given priority over any other projects that are authorized or directed to be
performed by the * * * Mississippi Department of
Transportation under the provisions of this section or under the provisions of
any other legislation that is enacted or becomes effective after July 1, 2002.
(b) On or before
October 1, 2005, and on or before October 1 of each year thereafter, the Mississippi
Department of Transportation * * * shall present to the Highways and
Transportation Committee of the Senate and the Transportation Committee of the
House of Representatives the schedule of priorities developed as provided for
in paragraph (a) of this subsection reflecting the proposed schedule of
construction for segments. The proposed schedule shall be followed until later
modified based on the criteria established in paragraph (a) of this subsection.
(c) The Mississippi
Department of Transportation * * * shall begin letting projects based
upon the prioritized schedule of need not later than January 1, 2006; however,
the * * * department
shall have the flexibility to adjust the sequencing of projects as may be
required in order to maximize the utilization of available funding or to
accommodate the relative requirement of each individual project. Nothing in
this section shall be construed to authorize the * * * department to
let contracts for projects based upon the prioritized schedule of need before
completion of the letting of contracts under subsection (3)(c) of this section.
(d) Funds deposited into the special funds created in Section 65-39-3 or 65-39-17 may only be expended as provided for in Sections 65-39-1 through 65-39-37; however, funds otherwise generated may be expended on segments included in Section 65-39-1 that are in the prioritized schedule established pursuant to this subsection, as well as other projects included in such schedule.
(e) For fiscal year
2006 and each fiscal year thereafter, the * * * department
shall dedicate not less than Two Hundred Million Dollars ($200,000,000.00) in
state and/or federal funds to fund the program established by subsections (4)
and (5) of this section.
(f) The * * *
Mississippi
Department of Transportation shall, in addition to all other projects, consider
the following as immediate needs when establishing the initial priority
schedule pursuant to paragraph (a) of this subsection:
(i) An Interstate highway segment along or near I-55 beginning at or near Hernando and extending northerly to the Tennessee state line.
(ii) A highway segment along or near Mississippi 304 beginning at or near U.S. 61 and extending easterly to or near I-55.
(iii) A highway segment along or near U.S. 82 beginning at the east end of the proposed Greenville River Bridge and extending northeasterly to or near Stoneville.
(iv) A highway segment along or near Mississippi 278 beginning at or near Amory and extending westerly to U.S. 45.
(v) A highway segment along or near Mississippi 41 beginning at U.S. 45 and extending westerly to or near Okolona.
(vi) A highway segment along or near Mississippi 9 beginning at Mississippi 6 north of Pontotoc and extending northerly to U.S. 78.
(vii) A highway segment along or near Mississippi 25 beginning at or near Itawamba county line and extending northerly to or near U.S. 72.
(viii) A highway segment along or near Mississippi 35 beginning at the end of the existing four-lane at Forest and extending northerly to or near Hillsboro.
(ix) A highway segment along or near Mississippi 35 beginning at or near Mississippi 487 and extending northerly to or near Mississippi 25.
(x) A highway segment along or near Mississippi 16 beginning at or near I-55 and extending easterly to or near Philadelphia.
(xi) An Interstate highway segment along or near I-20 beginning at the Mississippi River Bridge and extending easterly to or near U.S. 61 north.
(xii) A highway segment consisting of two (2) lanes of construction and two (2) lanes of right-of-way acquisition beginning at the Port of Vicksburg and extending easterly to or near U.S. 61.
(xiii) An Interstate highway segment along or near I-20 beginning at or near the Clinton Raymond Road Interchange and extending easterly to or near the Mississippi 18 Interchange.
(xiv) An Interstate highway segment along or near I-20 beginning at or near I-55 south and extending easterly to or near I-55 north.
(xv) An Interstate highway segment along or near I-55 beginning at or near I-20 and extending northerly to or near the High Street Interchange.
(xvi) An Interstate highway segment along or near I-55 beginning at or near the Elton Road Interchange and extending northerly to or near I-20.
(xvii) An Interstate highway segment along or near I-59 beginning at or near U.S. 98 and extending northerly to or near U.S. 49.
(xviii) A highway segment along or near Mississippi 43 beginning at or near the Hancock county line and extending westerly to or near I-59.
(xix) An Interstate highway segment along or near Canal Road (Mississippi 601) beginning at or near U.S. 90 and extending northerly to or near I-10.
(xx) An Interstate highway segment consisting of four (4) lanes along or near U.S. 49 beginning at or near I-10 and extending northerly to or near Lyman; then beginning at or near I-59 and extending westerly to or near U.S. 49; then beginning at or near I-59 and extending northwesterly to U.S. 49; then beginning at or near Florence and extending northerly to or near I-20.
(xxi) A highway segment along or near U.S. 49 beginning along or near Lyman and extending northerly to I-20 with geometric type improvements along the entire corridor at or near the One Hundred Million Dollar ($100,000,000.00) estimate.
(xxii) An Interstate highway along or near I-20/59 beginning at or near the merger of I-20 and I-59 and extending easterly to or near Mississippi 39.
(xxiii) A highway segment along or near Mississippi 67 beginning at or near I-10 and extending northwesterly to or near U.S. 49.
(xxiv) A highway segment along or near Mississippi 605 beginning at or near I-10 and extending northerly to or near Mississippi 67.
(xxv) A highway segment along or near Mississippi 43 beginning at the end of the existing four-lane and extending northerly to or near Kiln.
(xxvi) A highway segment along or near Mississippi 24/Mississippi 48 beginning at or near Mississippi 33 south and extending easterly to or near Mississippi 33 north.
(xxvii) A highway segment along or near Mississippi 24/Mississippi 48 beginning at or near Mississippi 569 and extending easterly to or near I-55.
(xxviii) A highway segment along or near Mississippi 27 beginning at or near I-55 and extending northerly to or near I-20.
(xxix) A highway segment along or near Mississippi 57 beginning at or near I-10 and extending northerly to or near Vancleave.
(xxx) A highway segment along or near Mississippi 19 beginning at or near Collinsville and extending northerly to or near Philadelphia.
(xxxi) A highway segment along or near Mississippi 12 beginning at or near I-55 and extending to or near U.S. 51.
(xxxii) A highway segment along or near Mississippi 18 beginning at or near Mississippi 27 and extending northerly to or near the end of the four-lane at or near Raymond.
(xxxiii) A highway segment along or near Mississippi 28 beginning at or near Fayette and extending easterly to I-55.
(xxxiv) A highway segment along or near U.S. 61 beginning at or near Redwood and extending northerly to or near Leland.
(xxxv) A highway segment along or near Mississippi 24/Mississippi 48 beginning at or near Woodville and extending easterly to or near Mississippi 569.
(xxxvi) A highway segment along or near Mississippi 18 beginning at or near U.S. 61 and extending northerly to or near Mississippi 27.
(xxxvii) A highway segment consisting of four (4) lanes along or near Mississippi 12 beginning at or near U.S. 51 and extending to or near Kosciusko.
(xxxviii) A highway segment along or near Mississippi 25 beginning at Iuka and extending northerly to the Mississippi/Tennessee state line.
(xxxix) A highway segment along or near Mississippi 25 beginning at U.S. 45 Alternate and extending northeasterly to or near Aberdeen.
(xl) A highway segment along or near Mississippi 7 beginning at I-55 and extending northeasterly to Mississippi 9W.
(xli) A highway segment along or near Mississippi 7 beginning at Greenwood and extending northeasterly to Grenada.
(xlii) A highway segment along or near U.S. 98 beginning at or near U.S. 84 at or near Meadville and extending easterly to or near I-55.
(xliii) A highway segment along or near Mississippi 35 beginning at the Mississippi/Louisiana state line and extending northerly to or near U.S. 98 at or near Foxworth.
(xliv) A highway segment along or near Mississippi 53 beginning at or near U.S. 49 and extending northwesterly to or near I-59.
(xlv) A highway segment along or near Mississippi 603 beginning at or near Mississippi 43 and extending northerly to or near Mississippi 53.
(g) The * * *
Mississippi
Department of Transportation shall, in addition to all other projects, consider
the following as mid-range needs when establishing the initial priority schedule
pursuant to paragraph (a) of this section:
(i) A highway segment along or near U.S. 49 beginning at U.S. 61 and extending northwesterly to the Arkansas state line.
(ii) A highway segment along or near Mississippi 8 beginning at or near Rosedale and extending easterly to or near Grenada.
(iii) A highway segment along or near Mississippi 25 beginning at the end of the existing four-lane and extending northerly to or near the Tishomingo county line.
(iv) A highway segment along or near Mississippi 25 beginning at or near Mississippi 23 and extending northerly to or near U.S. 78.
(v) A highway segment along or near Mississippi 12 beginning at or near Kosciusko and extending northeasterly to or near Ethel; then beginning at or near Weir and extending northeasterly to or near Mississippi 15; then beginning at or near Longview and extending northeasterly to or near Starkville.
(vi) A highway segment along or near Mississippi 35 beginning at or near Hillsboro and extending northerly to or near Mississippi 487.
(vii) A highway segment along or near Mississippi 35 beginning at or near Mississippi 25 and extending northerly to or near I-55.
(viii) A highway segment along or near Mississippi 16 beginning at or near Mississippi 25 and extending easterly to or near BIA 22.
(ix) A highway segment along or near Mississippi 22 beginning at or near Edwards and extending northeasterly to or near Canton.
(x) An Interstate highway segment along or near I-55 beginning at or near I-220 and extending northerly to or near Canton.
(xi) An Interstate highway segment along or near I-20 beginning at or near U.S. 61 north and extending easterly to or near the Flowers Interchange.
(xii) An Interstate highway segment along or near I-20 beginning at or near the Mississippi 18 Interchange and extending easterly to or near I-55 south.
(xiii) An Interstate highway segment along or near I-20 beginning at or near I-55 north and extending easterly to or near U.S. 49.
(xiv) A highway segment along or near Mississippi 43 beginning at or near Kiln and extending northwesterly to or near the Pearl River county line.
(xv) A highway segment along or near Mississippi 12 beginning at or near Ethel and extending northeasterly to or near Weir; then beginning at or near Mississippi 15 and extending northeasterly to Longview.
(xvi) A highway segment along or near Mississippi 27 beginning at the Mississippi/Louisiana state line and extending northerly to or near Crystal Springs.
(xvii) A highway segment along or near Mississippi 33 beginning at or near Fayette and extending southerly to or near the Mississippi/Louisiana state line.
(xviii) A highway segment along or near Mississippi 18 beginning at or near Bay Springs and extending northeasterly to or near Brandon.
(xix) A highway segment along or near Mississippi 24 beginning at or near Gloster and extending to or near Liberty.
(h) The * * *
Mississippi
Department of Transportation shall, in addition to all other projects, consider
the following as long-range needs when establishing the initial priority
schedule pursuant to paragraph (a) of this section:
(i) A highway segment along or near Mississippi 19 beginning at or near Mississippi 15 and extending northwesterly to or near Kosciusko.
(ii) An Interstate highway segment along or near I-55 beginning at or near Senatobia and extending northerly to Hernando.
(iii) An Interstate highway segment along or near I-20 beginning at or near the Flowers Interchange and extending easterly to or near Clinton Raymond Road Interchange.
(iv) An Interstate highway segment along or near I-20 beginning at or near the Brandon Crossgates Interchange and extending easterly to or near the Pelahatchie Mississippi 43 Interchange.
(v) An Interstate highway segment along or near I-55 beginning at or near the High Street Interchange and extending northerly to or near Mississippi 25.
(vi) An Interstate highway segment along or near I-55 beginning at or near Terry and extending northerly to or near the Elton Road Interchange.
(vii) An Interstate highway along or near I-20 beginning at or near Chunky and extending easterly to or near I-59.
(viii) An Interstate highway along or near I-20/59 beginning at or near Mississippi 39 and extending easterly to or near Toomsuba.
(ix) A highway segment along or near Mississippi 16 beginning at or near I-55 and extending to or near U.S. 49.
(x) A highway segment along or near Mississippi 4 beginning at or near U.S. 61 and extending easterly to or near I-55 at or near Senatobia.
(xi) A roadway segment along or near Lakeshore Road beginning at or near U.S. 90 and extending northerly to or near South Beach Boulevard.
(xii) A highway segment beginning at or near Ellisville and extending northerly to or near the northern city limits of Laurel.
(xiii) An Interstate highway segment along or near I-110 beginning at or near U.S. 90 and extending northerly to or near I-10.
(xiv) A highway segment along or near Mississippi 16 beginning at or near Scooba and extending westerly to or near DeKalb.
(xv) A highway segment along or near U.S. 49 East beginning at or near Yazoo City and extending northerly to or near U.S. 82.
(xvi) A highway segment along or near Mississippi 7 beginning at or near Oxford and extending northerly to the Mississippi/Tennessee state line.
(xvii) A highway segment along or near Mississippi 57 beginning at or near Vancleave and extending northerly to or near U.S. 98.
(xviii) A highway segment along or near Mississippi 35 beginning at or near I-55 and extending northerly to Mississippi 6.
(xix) A highway segment along or near Mississippi 35 beginning at or near U.S. 98 and extending northerly to I-20.
(6) The * * *
department
shall, in addition to other projects, consider the following highway segments
for improvements and highway modifications, including, but not limited to,
straightening and realignment of the existing roadway, the addition of passing
lanes and the widening of existing lanes, the addition of turn lanes and
improvement of shoulders:
(a) Mississippi 3 from U.S. 61 to U.S. 49 West.
(b) Mississippi 3 from Tutwiler to U.S. 61.
(c) Mississippi 7 from Mississippi 9 West to I-55.
(d) Mississippi 7 from U.S. 82 to I-55.
(e) Mississippi 8 from U.S. 49 West to I-55.
(f) Mississippi 9 from Mississippi 7 to U.S. Highway 82.
(g) Mississippi 9 from Mississippi 6 to U.S. 78.
(h) Mississippi 9 from Mississippi 7 to Mississippi 300.
(i) Mississippi 12 from U.S. 61 to I-55.
(j) Mississippi 12 from U.S. 82 to the Mississippi/Alabama state line.
(k) Mississippi 12 from the city limits of Ackerman to the city limits of Sturgis.
(l) Mississippi 12 from U.S. 49 West to U.S. 61.
(m) Mississippi 12 from Kosciusko to I-55.
(n) Mississippi 15 from I-10 to U.S. 98.
(o) Mississippi 15 from Mississippi 18 to I-20.
(p) Mississippi 16 from Mississippi 39 to U.S. 45.
(q) Mississippi 16 from Mississippi 39 to Philadelphia.
(r) Mississippi 18 from U.S. 61 to the city limits of Utica.
(s) Mississippi 18 from U.S. 45 to U.S. 80.
(t) Mississippi 24 from Mississippi 33 to Mississippi 48.
(u) Mississippi 24 from U.S. 61 to Fort Adams.
(v) Mississippi 26 from Mississippi 43 to Mississippi 63.
(w) Mississippi 27 from the Mississippi/Louisiana state line to I-55.
(x) Mississippi 28 from Mississippi 33 to I-55.
(y) Mississippi 28 from U.S. 51 to U.S. 49.
(z) Mississippi 28 from U.S. 84 to U.S. 49.
(aa) Mississippi 33 from U.S. 61 to the Mississippi/Louisiana state line.
(bb) Mississippi 35 from U.S. 98 to I-20.
(cc) Mississippi 39 from DeKalb to the Meridian Naval Air Station.
(dd) Mississippi 42 from U.S. 84 to U.S. 49.
(ee) Mississippi 43 from Mississippi 26 to Picayune.
(ff) Mississippi 48 from Mississippi 35 to U.S. 51.
(gg) Mississippi 50 from Mississippi 15 to the Mississippi/Alabama state line.
(hh) Mississippi 69 from Columbus to the Mississippi/Alabama state line.
(ii) Mississippi 389 from Starkville to Mississippi 15.
(jj) Mississippi 469 from U.S. 49 to Mississippi 28.
(kk) Mississippi 469 from U.S. 49 to Mississippi 468.
(ll) Mississippi 547 from Mississippi 28 to U.S. 61.
(mm) Mississippi 550 from Mississippi 28 to I-55.
(nn) Mississippi 563 from U.S. 61 to Mississippi 33.
(oo) Mississippi 567 from Mississippi 24 to U.S. 98.
(pp) Mississippi 569 from Liberty to Mississippi 570.
(qq) Mississippi 570 from Summitt to Smithdale.
(rr) Mississippi 589 from Liberty to I-55.
(ss) Mississippi 589 from U.S. 98 to I-59.
(tt) Mississippi 603 from I-10 to Kiln/Delisle Road.
(uu) Old U.S. 45 beginning in the City of Meridian at or near the old Coca-Cola Company and extending northerly approximately two (2) miles to just beyond the Town of Marion.
(vv) U.S. 49 East from Yazoo City to Tutwiler.
(ww) U.S. 49 from Tutwiler to Clarksdale.
(xx) U.S. 49 from Indianola to Clarksdale.
(7) The * * *
department
shall conduct a feasibility study and prepare a conceptual design for a
thoroughfare that encircles the City of Hattiesburg.
(8) The construction priorities established in this section shall not be construed as prohibiting the completion of highway segments which, on July 1, 1987, are included in the current three-year plan under Section 65-1-141, and for which, on July 1, 1987, grade and drainage has been completed or contracts for grade and drainage have been let. Nothing shall preclude the construction of fully controlled access highways.
(9) Contracts may be let and construction may commence and be performed concurrently on any of the highway segments designated in subsections (3), (4) and (5) of this section, notwithstanding the priorities established for the letting of contracts on the various segments designated therein, provided that funds are available and, provided that, at all times, the percentages of all contracts required to be let on the segments designated in subsection (3) of this section are, in fact, let no later than the dates established therein.
(10) (a) All highway construction and reconstruction authorized under this section shall be performed by contract let on competitive bid in the manner provided by statute; however, highway segments shall be constructed in lengths of not less than ten (10) miles.
(b) It is the intent of the Legislature that not less than ten percent (10%) of the amounts authorized to be expended for construction and reconstruction of the four-lane highway segments designated in this section shall be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals. The term "socially and economically disadvantaged individuals" shall have the meaning ascribed to such term under Section 8(d) of the Small Business Act (15 USCS, Section 637(d)) and relevant subcontracting regulations promulgated pursuant thereto; except that women shall be presumed to be socially and economically disadvantaged individuals for the purposes of this paragraph (b).
(11) (a) Notwithstanding
the provisions of subsection (10)(a) of this section, the Mississippi Department
of Transportation * * * may construct highway segments of less than ten (10) miles in length
if:
(i) The segment as described in subsection (3) or (4) of this section or the schedule of priorities established in subsection (5) of this section is less than ten (10) miles in length;
(ii) The segment will connect two (2) existing four-lane highways;
(iii) The segment will connect an existing four-lane highway with an incorporated municipality;
(iv) The segment will connect an existing four-lane highway with a river, the state boundary or any other natural or man-made barrier;
(v) For a particular project, the costs of constructing a single segment of at least ten (10) miles in length would greatly exceed the aggregate costs of constructing two (2) or more segments; or
(vi) The segment is in an urban area and involves the completion of bypasses or other construction which will facilitate and accommodate major traffic movement.
(b) In any case in
which the * * * department authorizes the construction of a highway
segment of less than ten (10) miles in length, the commission shall set forth
and record in its official minutes explanation and justification therefor based
upon one or more of the conditions prescribed in paragraph (a) of this
subsection.
(12) (a) To assist in
defraying the costs and expenses for construction, reconstruction and
relocation of the four-lane highway system described in this section, the
following revenues shall be paid out of such funds made available to the * * *
Mississippi
Department of Transportation:
(i) From matched federal funds or other federal funds, Thirty-two Million Dollars ($32,000,000.00) for fiscal year 1988, Twenty-five Million Dollars ($25,000,000.00) for fiscal year 1989, Thirty Million Dollars ($30,000,000.00) for fiscal year 1990 and fifty percent (50%) of such federal funds for fiscal year 1991 and each fiscal year thereafter; and
(ii) Five Million Dollars ($5,000,000.00) from matched federal bridge replacement funds for fiscal year 1988 and each fiscal year thereafter when the segments proposed for construction contain bridges that are eligible for replacement under the Federal Aid Bridge Replacement Program.
(b) Federal funds in addition to the federal funds specified in paragraph (a) of this subsection may be used for the construction, reconstruction and relocation of the four-lane highway system described in this section. Such federal funds may be utilized in lieu of state funding that would otherwise be utilized for such system; provided, however, that the annual total amount of funding for the construction, reconstruction and relocation of the highway system described in this section shall not be less than it would have otherwise been without the utilization of such additional federal funds.
(13) The * * *
Mississippi
Department of Transportation shall submit a report to the Legislature by
January 10 of each calendar year setting forth the current status of the
construction program set forth in this section to include, but not be limited
to, the following information:
(a) Specific segments on which engineering is being performed or has been completed;
(b) Specific segments for which right-of-way has been acquired or is being acquired;
(c) Specific segments for which construction contracts have been let;
(d) Specific segments on which construction is in progress;
(e) Specific segments on which construction has been completed;
(f) Projections for completion of the next step on each segment;
(g) Revenue derived for such construction program from each revenue source contained in Chapter 322, Laws of 1987, and in Chapter 557, Laws of 1994;
(h) For each fiscal year beginning in 1994, a detailed cash flow projection by source of program activities and an estimate of when the program will encounter a funding shortage due to costs exceeding original projections;
(i) A schedule of all complete and open-to-traffic highway segments and the related total cost of each segment;
(j) A schedule of all highway segments on which all contracts necessary for completion of the segments were not let as of the date required by law;
(k) A complete recap of all program receipts by source, and of all disbursements for the prior fiscal year and cumulative totals since the inception of the program as compared to projections; and
(l) A statement from the Mississippi Department of Transportation regarding the status of the funding of the program based on agency cost experience and projections for the future.
The report shall be deemed submitted when ten (10) copies are submitted to the Clerk of the House of Representatives and ten (10) copies are submitted to the Secretary of the Senate.
SECTION 191. Section 65-3-99, Mississippi Code of 1972, is amended as follows:
65-3-99. Whenever, by
legislation, any highway, street or road under the jurisdiction of a county,
municipality or other political subdivision of the state is placed on the
designated state highway system under the jurisdiction of the Mississippi Department
of Transportation * * *, such highway, street or road shall become a state
highway but, unless otherwise specifically provided by law, shall remain under
the jurisdiction of the county, municipality or other political subdivision for
construction and maintenance purposes until brought up to applicable
construction standards as required by * * * the Mississippi
Department of Transportation.
SECTION 192. Section 65-3-133, Mississippi Code of 1972, is amended as follows:
65-3-133. (1) (a) The mileage of highway specifically designated in subsection (2) of this section is in addition to the total mileage limitation of eight thousand six hundred (8,600) miles that is set out in Section 65-3-3.
( * * *b) The following highway is designated
as a state highway and is placed under the jurisdiction of the Mississippi Department
of Transportation * * * for construction and maintenance; and such highway, together with
the highways designated in Sections 65-3-3 and 65-3-5, and all other laws
adding links to the designated state highway system, are declared to be the
state highway system of Mississippi:
Southern District - Lawrence and Marion Counties:
An extension of Mississippi 44 beginning at its intersection with Mississippi 27 in Lawrence County and extending easterly across the Pearl River to Mississippi 13 in Marion County.
( * * *c) The Mississippi Department of
Transportation * * * shall maintain, construct, take over and assume jurisdiction of the
highway designated in subsection (1) of this section in the same manner and
upon the same terms and conditions as set out in Sections 65-1-75, 65-3-3, 65-9-1
and 65-9-3.
( * * *2) The following highway is
deleted from the state highway system, removed from the jurisdiction of the
Mississippi Department of Transportation * * * and returned to the jurisdiction of
the Board of Supervisors of Wayne County:
Southern District - Wayne County:
Beginning on Mississippi 510 at the end of state maintenance south of Mathersville, thence southeasterly approximately 4.4 miles to Supervisors District 2 of Wayne County.
( * * *3) The following highway is
deleted from the state highway system, removed from the jurisdiction of the
Mississippi Department of Transportation * * * and returned to the jurisdiction of
the Board of Supervisors of Humphreys County:
Central District - Humphreys County:
Mississippi 435 (Silent Shade Road) beginning at a point on Mississippi 12 approximately 5 miles east of Belzoni, thence northeasterly along the Yazoo River for 9 miles; all in Humphreys County.
( * * *4) The Mississippi
Department of Transportation shall perform preliminary engineering, acquire
necessary right-of-way and construct or reconstruct and maintain as a four-lane
highway the following segment of highway:
Northern District - Lafayette County:
Mississippi 7 beginning at its intersection with
Mississippi 6 and extending southerly to its
intersection with Mississippi 9 West.
SECTION 193. Section 65-3-135, Mississippi Code of 1972, is amended as follows:
65-3-135. The following
highway is deleted from the state highway system, removed from the jurisdiction
of the Mississippi Department of Transportation * * * and returned to the jurisdiction of
the Board of Supervisors of Clay County:
Northern District - Clay County:
Mississippi Highway 389 beginning at the Clay/Oktibbeha County line and extending northerly to Montpelier.
SECTION 194. Section 65-3-137, Mississippi Code of 1972, is amended as follows:
65-3-137. SECTION 1.
(1) The following highway is designated as a state highway and is placed under
the jurisdiction of the Mississippi Department of Transportation * * * for construction and maintenance
when the City of Flowood provides necessary rights-of-way, including utility
adjustments and relocations:
Central District - Rankin County:
Mississippi 468 - That two-lane portion of Mississippi 468 (Flowood Drive) beginning at Fourth Street in Flowood and extending northeasterly to Mississippi Highway 475, a distance of approximately two and two-tenths (2.2) miles.
(2) The segment described in subsection (1) of this section shall be a four-lane facility built to the design standards of the Mississippi Department of Transportation.
SECTION 2. (1) The Mississippi Department of Transportation shall number, maintain, take over and assume jurisdiction of the following described highway segment, subject to the conditions prescribed in subsection (2) of this section.
Central District - Rankin County:
West Rankin Parkway (New Route) - Beginning at Mississippi 25 in the City of Flowood, thence south to U.S. 80 at Pearson Road in the City of Pearl, all in Rankin County.
(2) The Mississippi Department of Transportation may construct the highway segment described in subsection (1) of this section as a four-lane facility in accordance with current design standards; however, the City of Flowood, the City of Pearl, Rankin County and any private corporation jointly shall provide necessary engineering and rights-of-way, including utility adjustments and relocations.
SECTION 3. The
following highway is designated as a state highway and is placed under the
jurisdiction of the Mississippi Department of Transportation * * * for construction and maintenance;
and
such highway, together with the highways designated in Section 65-3-3, and all other laws adding links to the designated state highway system, are declared to be the state highway system of Mississippi:
Southern District - Jones County:
Mississippi 590 - Beginning at Mississippi 11 and extending easterly to Mississippi 29, a distance of approximately 1.3 miles.
SECTION 4. (1) The
following highway is designated as a state highway and is placed under the
jurisdiction of the Mississippi Department of Transportation * * * for construction and maintenance;
and such highway, together with the highways designated in Section 65-3-3, and
all other laws adding links to the designated state highway system, are
declared to be the state highway system of Mississippi:
Central District - Newton County:
Decatur Street beginning on the north side of the intersection of Third Street and Decatur Street, and proceeding northward to the beginning of state maintenance south of U.S. Highway 80, all within the City of Newton.
(2) The Mississippi Department
of Transportation * * * shall maintain, construct, take over and assume
jurisdiction of the highway designated in subsection (1) of this section in the
same manner and upon the same terms and conditions as set out in Sections 65-1-75,
65-9-1 and 65-9-3. However, the City of Newton shall not be required to
provide to the Mississippi Department of Transportation any right-of-way with a
width any greater than the width of right-of-way that existed at the time that
the highway segment described in subsection (1) of this section was returned to
the jurisdiction of the City of Newton.
SECTION 5. The
following highways are deleted from the state highway system, removed from the
jurisdiction of the Mississippi Department of Transportation * * * and returned to the jurisdiction of
the governing authorities of the City of Newton:
Central District - Newton County:
(a) That section of old Mississippi 15 beginning south of Interstate 20 at the intersection of old Mississippi 15 and present Mississippi 15 and extending southwesterly for approximately .033 miles, all within the City of Newton; and
(b) That section of old Mississippi 15 located between U.S. Highway 80 and Decatur Street, all within the City of Newton.
SECTION 6. (1) The Mississippi Department of Transportation may construct to department design standards, may perform such reconstruction as may be required to existing highways and may acquire by gift, purchase or eminent domain proceedings such property as may be necessary to provide four (4) lanes for traffic on and along the following location:
Central District - Lauderdale County:
Old U.S. Highway 45 beginning in the City of Meridian at or near the old Coca Cola Company and extending northerly approximately two (2) miles to just beyond the Town of Marion.
(2) Lauderdale County, the City of Meridian and the Town of Marion shall provide required right-of-way, remove all encroachments and bring up to Transportation Department standards existing roads and bridges along the route described in subsection (1) of this section.
(3) The mileage of highway
specifically designated in subsection (1) of this section shall be under the
jurisdiction of the Mississippi Department of Transportation * * * for construction and maintenance
and, together with the highways designated in Section 65-3-3, and all other
laws adding links to the state designated highway system, are declared to be
the state highway system of Mississippi.
SECTION 7. (1) (a) That portion of Mississippi Highway 25
from south of Becker, Mississippi, to the Monroe/Itawamba county line shall be known as the "Monroe County Parkway."
(b) The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching that portion of Mississippi Highway 25 described in this subsection.
(2) The portion of Mississippi Highway 25 described in subsection (1) of this section shall be constructed by the Mississippi Department of Transportation as a fully controlled access road; provided, however, beginning at a point four (4) miles south of the Monroe/Itawamba county line and extending north to the Monroe/Itawamba county line, the department is not required to construct a fully controlled access road. The Mississippi Department of Transportation is authorized to landscape the right-of-way of the portion of Mississippi Highway 25 described in subsection (1) of this section.
(3) If Mississippi Highway 25 is relocated to the east of Smithville, the Mississippi Department of Transportation shall maintain Mississippi Highway 25 as it existed on January 1, 2011, from a point at least four (4) miles south of the Monroe/Itawamba county line to a point at least two (2) miles north of the Monroe/Itawamba county line through Smithville and may designate it with an appropriate route number.
(4) The department is authorized to improve the existing Mississippi Highway 25 through Smithville by providing landscaping, appropriate signs and markers, and other enhancements.
(5) It shall be unlawful to construct or erect any advertisement or advertising structure within one thousand (1,000) feet of the right-of-way of the portion of Mississippi Highway 25 described in subsection (1) of this section. This subsection shall not apply to areas located within a municipality or to signs, displays or devices located on a building which carry only advertisements strictly related to the lawful use of the building.
(6) Mississippi Highway 25 shall intersect with U.S. Highway 278 at least five hundred (500) feet west of the eastern city limits of the City of Amory as such city limits existed on January l, 2000.
(7) The Mississippi Department of Transportation is authorized to construct a four-lane connector road at a point at or near the northern city limits of the City of Amory between old Mississippi Highway 25 and the portion of Mississippi Highway 25 described in subsection (1) of this section.
(8) The revisions made to this section in Chapter 539, Laws of 2012, are in response to the destruction and devastation on the Town of Smithville, Mississippi, and Monroe County, Mississippi, caused by the April 2011 tornadoes with the purpose of assisting the town in its recovery efforts.
SECTION 195. Section 65-3-139, Mississippi Code of 1972, is amended as follows:
65-3-139. The following
highway is deleted from the state highway system, removed from the jurisdiction
of the Mississippi Department of Transportation * * * and returned to the jurisdiction of
the Board of Supervisors of Tippah County:
Northern District - Tippah County:
Mississippi Highway 368 beginning at the end of state maintenance at its intersection of County Route 700 and extending easterly approximately four and one-half (4.5) miles to its intersection with County Route 701 at or near Buena Vista.
SECTION 196. Section 65-3-140, Mississippi Code of 1972, is amended as follows:
65-3-140. The following
highway is deleted from the state highway system, removed from the jurisdiction
of the Mississippi Department of Transportation * * * and returned to the jurisdiction of
the governing authorities of Yazoo City:
Central District - Yazoo County:
Mississippi 828 - U.S. 49E Spur - Begins on U.S. 49E and extends west to Yazoo City, Yazoo County.
SECTION 197. Section 65-3-140.1, Mississippi Code of 1972, is amended as follows:
65-3-140.1. The following
highway is deleted from the state highway system, removed from the jurisdiction
of the Mississippi Department of Transportation * * * and returned to the jurisdiction of
the Board of Supervisors of Copiah County:
Central District - Copiah County:
Mississippi Highway 844 beginning on U.S. Highway 51 and proceeding easterly on South Pat Harrison Drive, thence northerly on South Jackson Street, West Georgetown Street and North Jackson Street, thence westerly on North Pat Harrison Drive to U.S. Highway 51, for a total approximate length of 3.57 miles, all within Crystal Springs, Copiah County.
SECTION 198. Section 65-3-141, Mississippi Code of 1972, is amended as follows:
65-3-141. The following
segment of highway is designated as a state highway and placed under the
jurisdiction of the Mississippi Department of Transportation * * *
for construction and
maintenance; and such highway, together with the highways designated in Section
65-3-3, and all other laws adding links to the designated state highway system,
are declared to be the state highway system of Mississippi:
Northern District - Union County:
An extension of Mississippi 30 in the City of New Albany beginning at its intersection with Mississippi 178 and extending east and northerly to its intersection with Sam T. Barkley Road.
SECTION 199. Section 65-3-143.1, Mississippi Code of 1972, is amended as follows:
65-3-143.1. (1) The
following segments of highway are designated as state highways and placed under
the jurisdiction of the Mississippi Department of Transportation * * *
for construction and maintenance;
and such highways, together with the highways designated in Section 65-3-3 and
all other laws adding links to the designated state highway system are declared
to be the state highway system of Mississippi:
Southern District - Simpson County:
Mississippi Highway 469 beginning at Harrisville near the old school building, Section 34, Township 2 North, Range 2 East, 7.2 miles north of its intersection with Mississippi Highway 28 at Union, thence .46 miles through Harrisville and ending at the beginning of state maintenance of Mississippi Highway 469 in Section 27, Township 2 North, Range 2 East.
Southern District - Simpson County:
Mississippi Highway 540 beginning at its intersection with Mississippi Highway 541 and extending easterly for a distance of 1077.75 feet.
(2) The Mississippi Department
of Transportation * * * shall take over and assume responsibility for construction and
maintenance of the highway segments described under subsection (1) of this
section whenever such highway segments have been brought up to commission
standards.
SECTION 200. Section 65-3-143.2, Mississippi Code of 1972, is amended as follows:
65-3-143.2. (1) The
following highway is designated as a state highway and placed under the
jurisdiction of the Mississippi Department of Transportation * * *; and such highway, together with
the highways designated in Section 65-3-3, and all other laws adding links to
the designated state highway system, are declared to be the state highway
system of Mississippi:
Northern District - Coahoma County:
That segment of highway beginning six-tenths (.6) of a mile east of the termination of state maintenance of Mississippi Highway 316 and extending northwesterly to its intersection with U.S. Highway 49 and U.S. Highway 61, and that segment of highway extending westerly from its intersection with U.S. Highway 49 and U.S. Highway 61 to its intersection with the eastern city limits of Friars Point, Mississippi.
(2) The Mississippi Department
of Transportation * * * shall take over and assume responsibility for construction and
maintenance of the segment of highway described under subsection (1) of this
section whenever the * * * department certifies that such segment of highway has been
brought up to * * * department standards and all utilities, signs, structures and
other encroachments on such highway and right-of-way, are removed or relocated.
SECTION 201. Section 65-3-143.3, Mississippi Code of 1972, is amended as follows:
65-3-143.3. (1) The
following highway is designated as a state highway and placed under the
jurisdiction of the Mississippi Department of Transportation * * *; and such highway, together with
the highways designated in Section 65-3-3, and all other laws adding links to
the designated state highway system, are declared to be the state highway
system of Mississippi:
Northern District - DeSoto County:
That segment of road beginning at the intersection of Mississippi 301 and Mississippi 304 and extending southerly to Arkabutla Dam.
(2) The Mississippi Department
of Transportation * * * shall take over and assume responsibility for
construction and maintenance of the segment of highway described under
subsection (1) of this section whenever the * * * department certifies that
such segment of highway has been brought up to * * * department standards and all
utilities, signs, structures and other encroachments on such highway and right-of-way,
are removed or relocated.
SECTION 202. Section 65-3-143.4, Mississippi Code of 1972, is amended as follows:
65-3-143.4. (1) The
following highway is designated as a state highway and placed under the
jurisdiction of the Mississippi Department of Transportation * * *; and such highway, together with
the highways designated in Section 65-3-3, and all other laws adding links to
the designated state highway system, are declared to be the state highway
system of Mississippi:
Northern District - Carroll County:
Old Mississippi Highway 430 from the Leflore/Carroll
County line southeasterly to its intersection with Mississippi Highway 17, a distance of approximately thirteen (13) miles.
(2) The Mississippi Department
of Transportation * * * shall take over and assume responsibility for
construction and maintenance of the segment of highway described under
subsection (1) of this section whenever the * * * department certifies that
such segment of highway has been brought up to * * * department standards and all
utilities, signs, structures and other encroachments on such highway and right-of-way,
are removed or relocated.
SECTION 203. Section 65-3-143.5, Mississippi Code of 1972, is amended as follows:
65-3-143.5. (1) The
following highway is designated as a state highway and placed under the
jurisdiction of the Mississippi Department of Transportation * * *; and such highway, together with
the highways designated in Section 65-3-3, and all other laws adding links to
the designated state highway system, are declared to be the state highway
system of Mississippi:
Central District - Kemper County:
That portion of Old Highway 463 from Mississippi
Highway 16 northerly to Mississippi Highway 397.
(2) The Mississippi Department
of Transportation * * * shall take over and assume responsibility for
construction and maintenance of the segment of highway described under
subsection (1) of this section whenever the * * * department certifies that
such segment of highway has been brought up to * * * department standards and all
utilities, signs, structures and other encroachments on such highway and right-of-way,
are removed or relocated.
SECTION 204. Section 65-3-143.6, Mississippi Code of 1972, is amended as follows:
65-3-143.6. (1) The
following highway is designated as a state highway and placed under the
jurisdiction of the Mississippi Department of Transportation * * *; and such highway, together with
the highways designated in Section 65-3-3, and all other laws adding links to
the designated state highway system, are declared to be the state highway
system of Mississippi:
Central District - Bolivar and Sunflower Counties:
A roadway segment beginning at or near Shelby and
extending easterly to at or near Parchman.
(2) The Mississippi Department
of Transportation * * * shall take over and assume responsibility for
construction and maintenance of the segment of highway described under
subsection (1) of this section whenever the * * * department certifies that
such segment of highway has been brought up to * * * department standards and all
utilities, signs, structures and other encroachments on such highway and right-of-way,
are removed or relocated.
SECTION 205. Section 65-3-143.7, Mississippi Code of 1972, is amended as follows:
65-3-143.7. (1) The
following segment of highway is designated as a state highway and placed under
the jurisdiction of the Mississippi Department of Transportation * * *
for construction and
maintenance; and such highway, together with the highways designated in Section
65-3-3, and all other laws adding links to the designated state highway system,
are declared to be the state highway system of Mississippi:
Southern District - Jefferson Davis County:
That portion of Mississippi 42 within the corporate limits of the Town of Prentiss beginning at the end of state maintenance on Mississippi 42 at its intersection with an old abandoned railway and proceeding in a northeasterly direction along Columbia Avenue (Mississippi 42) for approximately seven hundred (700) feet to the intersection of Columbia Avenue (Mississippi 42) and Third Street.
(2) The Mississippi Department
of Transportation * * * shall take over and assume responsibility for construction and
maintenance of the segment of highway described under subsection (1) of this
section whenever the * * * department certifies that such segment of highway has been
brought up to * * * department standards and all utilities, signs, structures and
other encroachments on such highway and right-of-way, are removed or relocated.
SECTION 206. Section 65-3-143.8, Mississippi Code of 1972, is amended as follows:
65-3-143.8. (1) The
following segment of highway is designated as a state highway and placed under
the jurisdiction of the Mississippi Department of Transportation * * *
for construction and
maintenance; and such highway, together with the highways designated in Section
65-3-3, and all other laws adding links to the designated state highway system,
are declared to be the state highway system of Mississippi:
Central District - Rankin County:
A three-mile section of Old U.S. 49 beginning at U.S. 80 and extending southerly to new U.S. 49 in the City of Richland.
(2) The Mississippi Department
of Transportation * * * shall take over and assume responsibility for construction and
maintenance of the segment of highway described under subsection (1) of this
section whenever the * * * department certifies that such segment of highway has been
brought up to * * * department standards and all utilities, signs, structures and
other encroachments on such highway and right-of-way, are removed or relocated.
SECTION 207. Section 65-3-143.9, Mississippi Code of 1972, is amended as follows:
65-3-143.9. The following
segment of highway is designated as a state highway and placed under the
jurisdiction of the Mississippi Department of Transportation * * *
for construction and
maintenance; and such highway, together with the highways designated in Section
65-3-3, and all other laws adding links to the designated state highway system,
are declared to be the state highway system of Mississippi:
Northern District - Union County:
An extension of Mississippi 30 in the City of New Albany beginning at its intersection with Mississippi 178 and extending east and northerly to its intersection with Sam T. Barkley Road.
SECTION 208. Section 65-3-143.11, Mississippi Code of 1972, is amended as follows:
65-3-143.11. (1) The
following segment of roadway is designated as a state highway and placed under
the jurisdiction of the Mississippi Department of Transportation * * *
for construction and
maintenance; and such highway, together with the highways designated in Section
65-3-3, and all other laws adding links to the designated state highway system,
are declared to be the state highway system of Mississippi:
Northern District - Lowndes County:
Airport Road beginning at its intersection with Industrial Park Road and proceeding in a southerly direction until its intersection with Artesia Road.
(2) The Mississippi Department
of Transportation * * * shall take over and assume responsibility for construction and
maintenance of the segment of highway described under subsection (1) of this
section whenever the * * * department certifies that such segment of highway has been
brought up to * * * department standards and all utilities, signs, structures and
other encroachments on such highway and right-of-way, are removed or relocated.
SECTION 209. Section 65-3-143.12, Mississippi Code of 1972, is amended as follows:
65-3-143.12. The following
highway is deleted from the state highway system, removed from the jurisdiction
of the Mississippi Department of Transportation * * * and returned to the jurisdiction of
the Board of Supervisors of Itawamba County:
Northern District - Itawamba County
Mississippi Highway 379 in Itawamba County.
SECTION 210. Section 65-3-143.13, Mississippi Code of 1972, is amended as follows:
65-3-143.13. The following
segment of highway is deleted from the state highway system, removed from the
jurisdiction of the Mississippi Department of Transportation * * *
and returned to the
jurisdiction of the governing authorities of the City of Tunica, Mississippi:
Northern District - Tunica County
Mississippi Highway 4 beginning at the west corporate limits of the City of Tunica, Mississippi, and extending easterly to U.S. Highway 61, for a total approximate length of seven-tenths (.7) miles.
SECTION 211. Section 65-3-143.14, Mississippi Code of 1972, is amended as follows:
65-3-143.14. The following
highway is deleted from the state highway system, removed from the jurisdiction
of the Mississippi Department of Transportation * * * and returned to the jurisdiction of
the Board of Supervisors of Marshall County:
Northern District - Marshall County:
Mississippi Highway 737 beginning on Mississippi 178 at or near Red Banks, thence through the business district of Red Banks and ending on Mississippi 178, all in Marshall County.
SECTION 212. Section 65-3-143.15, Mississippi Code of 1972, is amended as follows:
65-3-143.15. The following
segment of highway is deleted from the state highway system, removed from the
jurisdiction of the Mississippi Department of Transportation * * *
and returned to the
jurisdiction of the Board of Supervisors of Alcorn County:
Northern District - Alcorn County:
Mississippi Highway 351 beginning at its intersection with Mississippi Highway 2 and extending southerly to the Alcorn/Tippah County line.
SECTION 213. Section 65-3-143.16, Mississippi Code of 1972, is amended as follows:
65-3-143.16. (1) The
following segment of highway is designated as a state highway and placed under
the jurisdiction of the Mississippi Department of Transportation * * *
for construction and
maintenance; and that highway, together with the highways designated in Section
65-3-3, and all other laws adding links to the designated state highway system,
are declared to be the State Highway System of Mississippi:
Northern District - Pontotoc County:
Old Mississippi 6 beginning on the west side of the City of Pontotoc at its intersection with new four-lane Mississippi 6 and extending easterly to its intersection with new Mississippi 6 on the east side of the City of Pontotoc.
(2) The Mississippi Department
of Transportation * * * shall take over and assume responsibility for construction and
maintenance of the segment of highway described under subsection (1) of this
section whenever the * * * department certifies that the segment of highway has been brought
up to * * * department
standards and all utilities, signs, structures and other encroachments on the
highway and right-of-way are removed or relocated.
SECTION 214. Section 65-3-203, Mississippi Code of 1972, is amended as follows:
65-3-203. (1) The Mississippi Department of Transportation shall construct to department design standards and may acquire by gift, purchase or eminent domain proceedings such property as may be necessary to perform construction of the following described segment of highway:
Northern District - Prentiss County:
Relocation of Mississippi Highway 30 beginning east of its intersection with Mississippi Highway 4 and Mississippi Highway 364, thence proceed southwesterly to a point on U.S. Highway 45 south of the City of Booneville.
(2) The mileage of highway
specifically designated in subsection (1) of this section shall be under the
jurisdiction of the Mississippi Department of Transportation * * *
for construction and
maintenance and, together with the highways designated in Sections 65-3-3 and
65-3-5, and all other laws adding links to the state designated highway system,
are declared to be the state highway system of Mississippi.
SECTION 215. Section 65-3-205, Mississippi Code of 1972, is amended as follows:
65-3-205. (1) The Mississippi Department of Transportation shall construct to department design standards, may perform such reconstruction as may be required to existing highways and may acquire by gift, purchase or eminent domain proceedings such property as may be necessary to provide four (4) lanes for traffic on and along the following locations:
Northern District - Pontotoc, Lee and Monroe Counties:
Mississippi Highway 6 (Appalachian Corridor V) from Mississippi Highway 9 easterly to U.S. Highway 45 south of Tupelo and continuing easterly to existing Mississippi Highway 6 near Plantersville, a distance of approximately 10.5 miles, and Mississippi Highway 6 from the City of Amory to its intersection with U.S. Highway 45 south of Nettleton, including relocation of Mississippi Highway 6 south of Nettleton, a distance of approximately 10 miles.
Northern District - Itawamba County:
Mississippi Highway 76 (Appalachian Corridor V) from a point approximately 5.0 miles northeast of U.S. Highway 78 near the community of Fairview and extending northeasterly approximately 11 miles to the Alabama state line.
(2) The mileage of highways
specifically designated in subsection (1) of this section shall be under the
jurisdiction of the Mississippi Department of Transportation * * *
for construction and
maintenance and, together with the highways designated in Sections 65-3-3 and
65-3-5, and all other laws adding links to the state designated highway system,
are declared to be the state highway system of Mississippi.
SECTION 216. Section 65-4-13, Mississippi Code of 1972, is amended as follows:
65-4-13. If, after
reviewing the application of the political subdivision and the report of the * * * Mississippi Department of
Transportation or political subdivision, the board determines that the
application meets the requirements for approval and should be approved, the
board shall notify the political subdivision and the * * * Mississippi Department of
Transportation of its approval and contracts may be let. Upon
certification by the board that monies currently available in the Economic
Development Highway Fund are sufficient to defray the costs of the construction
or improvement, then contracts with respect to such work may be executed by the * * * Mississippi Department of
Transportation or political subdivision and work necessary for the
construction or improvement of the highways and highway segments so approved
shall commence by the * * * Mississippi Department of Transportation or
political subdivision, as determined by the * * * Mississippi
Development Authority. If the construction or improvement is by a
political subdivision, the State Aid Engineer shall have such work inspected
periodically during the progress of such construction or improvement to ensure
that it meets the standards prescribed in Section 65-4-17, Mississippi Code of
1972. However, no application shall be approved by the board if the total
costs for constructing or improving the proposed highways or highway segments
to be funded hereunder, according to estimates in the report of the * * * Mississippi Department of
Transportation or political subdivision, will exceed monies currently
available in the Economic Development Highway Fund created in Section 65-4-15,
Mississippi Code of 1972.
SECTION 217. Section 65-4-19, Mississippi Code of 1972, is amended as follows:
65-4-19. (1) The * * * Mississippi Department of
Transportation is hereby authorized and directed as follows: on each
transfer date, the * * * Mississippi
Department of Transportation shall transfer from the State Highway Fund
into the appropriate fund specified below the sum equal to the investment
account surplus for such transfer date. During fiscal year 1989, the investment
account surplus sums available for transfer shall be transferred into the
Economic Development Highway Fund created by Section 65-4-15, until Two Million
Dollars ($2,000,000.00) in the aggregate has been transferred to that fund, and
any additional investment account surplus sums available for transfer not
exceeding Twenty-five Million Dollars ($25,000,000.00) in the aggregate shall
be transferred into the State General Fund. During fiscal year 1990 and
thereafter, any investment account surplus sums available for transfer shall be
transferred into the Economic Development Highway Fund.
(2) As used in Sections 65-4-19, 65-4-21 and 65-4-23, the following terms shall have the following meanings:
(a) "Investment account surplus" means, with respect to each transfer date, the amount specified in item (ii) of the definition of transfer date, as set forth below.
(b) "Transfer
date" means the second business day following the delivery to the * * *
Commissioner of Transportation a
certificate signed by the State Treasurer to the effect: (i) that, pursuant to
Section 4(c) of Chapter 39, Extraordinary Session of 1969 (as amended by
Section 1 of Chapter 418, Laws of 1976, as amended by Section 1 of Chapter 478,
Laws of 1978, and as amended by Section 1 of Chapter 469, Laws of 1985), the
State Bond Commission of the State of Mississippi has restructured the
investments held in the investment account established pursuant to such Section
4(c) and relating to the State's Highway Revenue Refunding Bonds, Series 1985;
(ii) that, as a result of such restructuring and pursuant to such Section 4(c),
the State Bond Commission has declared a specified sum held in such investment
account as being surplus (i.e., as being the investment account surplus for
such transfer date); (iii) that the State Bond Commission has applied such
investment account surplus to deposit into the bond fund relating to the
State's Highway Revenue Refunding Bonds, Series 1985, in order to reduce on a
dollar-for-dollar basis the amount of gasoline excise taxes which
must be deposited in such bond fund, or to retention in such investment account
in order to reduce on a dollar for dollar basis the amount of gasoline excise
taxes which must be deposited in such investment account, or to any combination
of such deposit and retention; (iv) that any portion of the investment account
surplus deposited in such bond fund has been invested pending its disbursement
to pay principal of or interest on such bonds; (v) that any portion of the
investment account surplus retained in such investment account has been
invested pending its disbursement to purchase United States government
obligations which are scheduled to be held in such investment account; and (vi)
that provision has been made for all interest earnings on investments of such
investment account surplus, pending its disbursement to pay principal of or
interest on such bonds, or pending its disbursement to purchase United States
government obligations scheduled to be held in such investment account, as the
case may be, to be paid into the State Highway Fund.
SECTION 218. Section 65-7-53, Mississippi Code of 1972, is amended as follows:
[With regard to any county which is exempt from the provisions of Section 19-2-3, this section shall read as follows:]
65-7-53. Whenever in the
discretion of the board of supervisors of any county it seems proper so to do,
the board may, by order on its minutes, authorize the commission of any road
district within the county, or the engineer of such commission, to forbid the
use of any hard-surfaced road, or portion thereof, when under
construction or repair. The * * * Mississippi Department of
Transportation or its engineer, when so authorized by the board of supervisors,
may close said road or any portion thereof to travel by an obstruction placed
thereon in such manner as to indicate its closing, or by a sign marked
"closed by order of the * * * Mississippi Department of
Transportation."
[With regard to any county which is required to operate on a countywide system of road administration as described in Section 19-2-3, this section shall read as follows:]
65-7-53. Whenever in the discretion of the board of supervisors of any county it seems proper so to do, the board may, by order on its minutes, authorize the road manager of the county or the county engineer to forbid the use of any hard-surfaced road, or portion thereof, when under construction or repair. The county road manager or the engineer, when so authorized by the board of supervisors, may close said road or any portion thereof to travel by an obstruction placed thereon in such manner as to indicate its closing, or by a sign marked "closed by order of the county road manager (or county engineer)."
SECTION 219. Section 65-7-55, Mississippi Code of 1972, is amended as follows:
65-7-55. Any person who
uses such road while the same is closed, or removes such obstruction or sign,
shall be guilty of a misdemeanor and shall be fined not less than Twenty-five
Dollars ($25.00) and not more than One Hundred Dollars ($100.00), and shall be
responsible in damages to the * * * Mississippi Department of
Transportation for all damage done to the highway in violation of Section
65-7-53.
SECTION 220. Section 65-9-15, Mississippi Code of 1972, is amended as follows:
65-9-15. Nothing herein
shall prevent any county from employing, by agreement with not more than four
(4) other counties, the same engineer to act as county engineer for each and
all of said counties so agreeing. Each county engineer shall give bond, with
sufficient surety, to be payable, conditioned and approved as provided by law,
in a penalty not less than Fifty Thousand Dollars ($50,000.00). If a county
engineer is engineer for two (2) or more counties, the same bond shall serve as
said engineer's bond in and for each county, respectively, and the premium on
said bond and the salary and expenses of such engineer and assistants shall be
divided between and paid by the counties for whom he is so employed in such
proportions as may be agreed upon by said counties. In the event any county is
unable to obtain the services of a competent engineer, the Mississippi
Department of Transportation * * * may loan such county an engineer, if
available, for a specified period of time, by granting such engineer a leave of
absence for such period without loss of any benefits accruing to him by reason
of length of service; and such time so spent on such leave of absence shall be
counted as part of such engineer's length of service with the Mississippi
Department of Transportation. The salary of such engineer so loaned shall be
paid by the county or the counties to whom he is loaned.
The salary and other expenses, including the premium on all bonds, of the county engineer and his assistants shall be paid by the county or counties employing such county engineer and assistants. Any salary limitations or ceiling heretofore placed by law on the salary of a county engineer is hereby removed as to county engineers employed under the terms of this chapter. In lieu of salary and other expenses, any county may employ a registered civil engineer on a fee basis for furnishing complete engineering services on state aid projects. Engineering costs, including the salaries or fees of the county engineer, incurred on state aid projects may be paid from state aid funds allocated to said county or counties, with the methods of payments to be approved by the State Aid Engineer under regulations promulgated by the State Aid Engineer; however, unless the project is being partially funded with federal funds, no such costs shall be paid to the county from state aid funds prior to the approval for advertisement for bids for a project by the State Aid Engineer. If the project is being partially funded with federal funds, the State Aid Engineer may approve payment of a portion of such costs from state aid funds prior to the approval for advertisement for bids.
SECTION 221. Section 65-9-29, Mississippi Code of 1972, is amended as follows:
65-9-29. (1) Federal aid secondary funds allocated to Mississippi and to be expended on the federal aid secondary system roads shall be expended as follows:
(a) Effective only upon the passage of an act of the Legislature providing state aid funds, federal aid secondary funds allocated to Mississippi and to be expended on the federal aid secondary system shall be divided between the Mississippi Department of Transportation and the several counties, so that fifty percent (50%) will be matched by the Mississippi Department of Transportation and expended on the federal aid secondary system roads on the state highway system, and fifty percent (50%) matched by the counties with state aid funds and expended on the federal aid secondary roads of the state aid road system.
(b) Such division will be made upon allocation by the Administrator of the Federal Highway Administration after the Department of Transportation provides for the matching of the percent of such allotment as covered by federal act and available for financing in part the Mississippi Department of Transportation's Division of Highway Planning. The expenditure of all federal aid secondary funds shall be through and under the Department of Transportation, subject to and in accordance with all rules and regulations and applicable laws of the federal government.
(c) The amount of
funds allocated to each county for use on State Aid System roads shall be
apportioned among the counties of this state by the Mississippi Department
of Transportation * * *
subject to and in accordance with applicable federal law, rules and
regulations, and limited to such counties as recommended by the State Aid
Engineer. The Mississippi Department of Transportation * * * is authorized to finance from its
own funds the preliminary surveys, engineering and plans for all work involving
funds expended on federal aid secondary projects on the state aid road system,
and the rights-of-way required for state aid system roads constructed with
federal aid secondary funds shall be provided by the county receiving such aid
from its funds other than state aid funds. The Mississippi Department of
Transportation * * *
shall program federal aid secondary funds made available to the counties under
this act on such projects and limited to such counties as recommended by the
State Aid Engineer.
(2) Federal "safer off-system" funds, and/or any other available federal road funds, except the federal aid secondary funds hereinabove provided for separately, allocated to Mississippi and to be expended on county roads, but not on the designated state highway system, shall be expended as follows:
(a) Federal "safer off-system" funds and/or any such other available federal road funds shall be matched with available state aid funds and expended on such county roads.
(b) The expenditure of such federal "safer off-system" funds and all such other available federal road funds shall be through and under the Mississippi Department of Transportation, subject to, and in accordance with, all rules and regulations and applicable laws of the federal government.
(c) The amount of such
federal "safer off-system" funds and/or all such other available
federal road funds allocated to each county for use on such county roads shall
be apportioned among the counties of this state by the Mississippi Department
of Transportation * * *
in accordance with the formula in the manner provided in Section 65-9-3,
Mississippi Code of 1972. The Mississippi Department of Transportation * * * will program such federal
"safer off-system" funds and all such other available federal road
funds made available to the counties on such projects and limited to such
counties as recommended by the State Aid Engineer.
(3) Federal aid off-system
highway funds allocated to Mississippi, * * * except federal aid secondary funds and
federal "safer off-system" funds provided for separately in
subsections (1) and (2) of this section * * *, including federal bridge replacement funds
and other special grants made available for expenditure of county roads, shall
be expended as follows:
(a) Federal aid off-system highway funds expended on state aid roads shall be matched with available state aid funds and/or other available local funds, or as otherwise provided in Section 65-1-70, Mississippi Code of 1972.
(b) Federal aid off-system highway funds available for expenditure on roads not on the state aid system and not eligible for inclusion on the state aid system shall be matched with available local funds, or as otherwise provided in Section 65-9-17 or Section 65-1-70, Mississippi Code of 1972.
(c) The expenditure of
all federal off-system highway funds on county roads shall be programmed by the
Mississippi Department of Transportation * * *, subject to and in accordance with
applicable federal law, rules and regulations, and limited to such county
projects as recommended by the State Aid Engineer. The State Aid Engineer is
authorized to assign state aid personnel to administer off-system construction
projects and other special federal aid program requirements in the same manner
and under the same provisions and conditions as other projects authorized under
this chapter.
SECTION 222. Section 65-9-33, Mississippi Code of 1972, is amended as follows:
65-9-33. In addition to any
authority granted to the Division of State Aid Road Construction in Chapter 9,
Title 65, Mississippi Code of 1972, and notwithstanding any general prohibition
contained therein with respect to the administration by the division of certain
federal funds on designated state highways, the division is authorized and
empowered to administer a project utilizing available federal funds to
reconstruct that portion of designated Mississippi Highway 182 in Lowndes
County, Mississippi, that spans the Tombigbee River on Federal Aid Urban Route
Number 9539, jurisdiction for the maintenance of which is, on March 12, 1990,
vested in Lowndes County pursuant to an agreement executed by the county, the * * * Mississippi
Department of Transportation and the City of Columbus.
SECTION 223. Section 65-11-5, Mississippi Code of 1972, is amended as follows:
65-11-5. It being
recognized that county highways generally have deteriorated to a considerable
extent during the past several years, and it being further recognized that the
selection, construction, and improvement of a system of all-weather rural
secondary, feeder, or farm-to-market roads is a matter of primary state-wide
concern, it is hereby declared to be the purpose of Sections 65-11-1 through 65-11-37
to provide for a more comprehensive rural-road program through cooperation
between the federal government, the * * * Mississippi
Department of Transportation, and the county boards of supervisors; and it
is further the purpose and intent of said sections to provide a means, manner,
and funds whereby the counties of this state will be enabled to participate in
the federal aid program, and will be enabled to participate in and avail
themselves of the funds apportioned to the State of Mississippi for the
construction and improvement of secondary and feeder roads, including farm-to-market
roads, rural mail routes, and public school bus routes, under the terms of the
Federal Aid Highway Act of 1944 [58 U.S. Stat. 838, ch. 626]. It is hereby
declared to be the intent and purpose of the cited sections that, insofar as
permissible under federal laws, rules, and regulations, not less than fifty per
cent (50%) of the funds apportioned to Mississippi for secondary and feeder
roads under the terms of subsection (b), Section 3, of the Federal Aid Highway
Act of 1944 [58 U.S. Stat. 838, ch. 626] should be expended for the
construction and improvement of county highways as defined in said sections.
SECTION 224. Section 65-11-7, Mississippi Code of 1972, is amended as follows:
65-11-7. There is hereby
created a system of county federal aid highways, for the purposes of Sections
65-11-1 through 65-11-37, and the county highways which shall comprise and
constitute such system shall be selected jointly by the boards of supervisors
of the various counties and the * * * Mississippi
Department of Transportation, as same may be supplemented from time to
time. Projects for the construction and improvement of such county highways
shall likewise be selected jointly by the several boards of supervisors and the * * * Mississippi Department
of Transportation, provided however, that in all cases where such system
and projects thereon have been heretofore selected and agreed upon by the
several boards of supervisors and the * * * Mississippi
Department of Transportation as required by the Federal Aid Highway Act of
1944 [58 U.S. Stat. 838, ch. 626], the highways thereby selected shall
constitute the roads in the affected counties which shall be a part of the
county federal aid highway system, and such selections and agreements are
hereby ratified and approved.
SECTION 225. Section 65-11-9, Mississippi Code of 1972, is amended as follows:
65-11-9. The * * * Mississippi
Department of Transportation shall determine what proportion of the funds
allotted to the State of Mississippi for the improvement of secondary and
feeder roads under subsection (b), Section 3, of the Federal Aid Highway Act of
1944 [53 U.S. Stat. 838, ch. 626], shall be expended upon the improvement of
highways on the county federal aid highway system; however, not less than fifty
percent (50%) of the amount so apportioned to Mississippi under said act shall
be apportioned for expenditure among the counties for the improvement of roads
on the county federal aid highway system; if the amount apportioned by the
state to the state highway fund to carry out the purposes of Sections 65-11-1
through 65-11-37 should be less than fifty percent (50%) of the amount
apportioned to Mississippi for secondary and feeder roads under said act, then
the amount of federal funds apportioned to the counties for the improvement of
roads on the county federal aid highway system may be less than fifty percent
(50%) of such federal funds, but shall not be less than the amount of such
state appropriation.
SECTION 226. Section 65-11-11, Mississippi Code of 1972, is amended as follows:
65-11-11. The amount of federal funds made available to the State of Mississippi for secondary and feeder roads under the Federal Aid Highway Act of 1944 [58 U.S. Stat. 838, ch. 626] which is allotted to the counties as provided in Section 65-11-9, shall be apportioned among the counties of this state by the * * * Mississippi Department of Transportation in the following manner: one-third (1/3) in the ratio which the area of each county bears to the total area of the state; one-third (1/3) in the ratio which the rural population of each county bears to the total rural population of the state, as shown by the federal census of 1940; and one-third (1/3) in the ratio which the mileage of rural delivery and star routes in each county bears to the total mileage of rural delivery and star routes in the state. The amount of federal funds so apportioned to each county shall be matched by state funds apportioned to the State Highway Fund to carry out the purposes of Sections 65-11-1 through 65-11-37 as hereinafter provided; in the event the amount so appropriated for such State Highway Fund is insufficient to entirely match the federal funds allotted to county highways, then the amount of such fund shall be apportioned among the counties in the same manner as herein provided. "Rural population" and "rural delivery" routes as used in this section shall have the same meaning ascribed to them in the Federal Aid Highway Act of 1944 [58 U.S. Stat. 838, ch. 626].
SECTION 227. Section 65-11-13, Mississippi Code of 1972, is amended as follows:
65-11-13. The projects upon
such county federal aid highway system shall be selected jointly by the several
boards of supervisors and the * * * Mississippi
Department of Transportation in conformity with the applicable laws, rules,
and regulations of the federal government and the public roads administration,
of the federal works agency, or any other authorized agency of the federal
government. The order of the construction and completion of such projects
shall likewise be determined jointly by the several boards of supervisors and
the * * * Mississippi Department of Transportation in
conformity with such laws, rules, and regulations; the * * * Mississippi
Department of Transportation shall first call upon the several boards of
supervisors to select and recommend a series of projects in the respective
counties in the order in which, in the opinion of the board or a majority
thereof, the projects should be constructed. Such selections and
recommendations shall be examined and analyzed by the * * * Mississippi
Department of Transportation and, if found to be proper and correct based
on the relative use and importance of such roads, shall be approved by the * * * Mississippi
Department of Transportation.
SECTION 228. Section 65-11-15, Mississippi Code of 1972, is amended as follows:
65-11-15. The * * * Mississippi
Department of Transportation shall notify the board of supervisors of each
county of the amount of money to be available for expenditure in such county
from said federal apportionment, and of the amount of money available from the
appropriation made to the State Highway Fund as the state's share of the
federal aid program on secondary and feeder roads. Within three months after
the receipt of such notice, the board of supervisors of each county shall
submit to the * * * Mississippi Department of Transportation a
description of the recommended projects on county highways in such county which
are approved by the county and recommended for selection and designation for
participation in federal aid under the Federal Aid Highway Act of 1944 [58 U.S.
Stat. 838, ch. 626]. In the selection of such projects and in the
recommendation of the order of their improvement, the boards of supervisors
shall select projects which will be of the greatest benefit to the county as a
whole, judged from the standpoint of relative use and importance, without
regard to district or beat lines, insofar as same is consistent with the rules
and regulations of the public roads administration of the federal works agency.
All such projects and the order of their inauguration shall be subject to the
approval of the * * * Mississippi Department of Transportation
as provided in Section 65-11-13.
SECTION 229. Section 65-11-17, Mississippi Code of 1972, is amended as follows:
65-11-17. The board of
supervisors of the several counties and the * * * Mississippi
Department of Transportation are hereby authorized and directed to enter
into such contracts and cooperative agreements with each other and with any
appropriate federal agency that may be necessary to carry out the purposes of
Sections 65-11-1 through 65-11-37 and that may be necessary to enable the state
and counties to participate in and avail themselves of any funds apportioned to
the state under the Federal Aid Highway Act of 1944 [58 U.S. Stat. 838, ch.
626]. The boards of supervisors and the * * * Mississippi
Department of Transportation are further authorized and directed to do any
and all other things that may be necessary to carry out the purposes of said
sections, within their respective jurisdictions. It is hereby expressly
declared that nothing contained in the cited sections shall be deemed to
convert any highway into a state highway or to place same on the state highway
system unless and until such highway is placed on the state system in the
manner prescribed by law; nor shall any action or step taken under the
provisions of such sections (including the improvement or construction of any
county highway) convert any highway into a state highway.
SECTION 230. Section 65-11-19, Mississippi Code of 1972, is amended as follows:
65-11-19. After the
selection and determination of the projects in the manner prescribed in Sections
65-11-1 through 65-11-37, the * * * Mississippi
Department of Transportation shall prepare and submit to the commissioner
of public roads of the public roads administration for approval detailed
programs of such proposed projects for the utilization of any apportionment of
funds made to the state under the provisions of subsection (b) of Section 3 of
the Federal Aid Highway Act of 1944 [58 U.S. Stat. 838, ch. 626], same to be
done in the manner and in the form required by the applicable federal laws,
rules, and regulations.
SECTION 231. Section 65-11-21, Mississippi Code of 1972, is amended as follows:
65-11-21. The * * * Mississippi
Department of Transportation is hereby authorized and directed to prepare
all necessary surveys, plans, specifications, and estimates for all projects
upon county highways, to furnish engineering and technical assistance for the
preparation of such surveys, plans, specifications, and estimates, and to
supervise the construction of all projects upon county highways under the
provisions of Sections 65-11-1 through 65-11-37; the cost and expense of such
surveys, plans, specifications, estimates, and the supervision of projects
shall be paid from the federal aid or state appropriated funds allocated for
such project, or from any other funds that the county might have available for
such purpose.
SECTION 232. Section 65-11-23, Mississippi Code of 1972, is amended as follows:
65-11-23. All contracts for
the construction of projects under the terms and provisions of Sections 65-11-1
through 65-11-37 shall be let and awarded by the * * * Mississippi
Department of Transportation in the manner and method now provided by law
for the awarding of contracts for the improvement and construction of highways
on the state highway system; and the cost and expense of the letting of such
contracts shall be paid from the federal aid or state appropriated funds
allocated for such project, or from any other funds that the county might have
available for such purpose.
SECTION 233. Section 65-11-25, Mississippi Code of 1972, is amended as follows:
65-11-25. If the amount
apportioned to any county from federal aid funds for the purposes mentioned
above shall exceed the amount made available to such county from state
appropriated funds, then the board of supervisors of such county is hereby
authorized and empowered, in its discretion, to use and expend any county road
and bridge funds, or any funds available in the general fund of such county, to
increase or enlarge the county highway construction program in such county and
to match any federal aid funds not matched by state appropriated funds. All
such additional funds shall be remitted and turned over by the board of supervisors
to the State Treasurer to be deposited in the state highway fund and to be used
exclusively in said county on projects on county highways approved by the board
of supervisors, the * * * Mississippi Department of Transportation,
and the public roads administration, it being the intention of this section to
authorize and empower the board of supervisors of any county to supplement the
funds provided for the construction or improvement of projects on secondary or
feeder roads in said county out of any funds which the county might have
available at the time. For the purpose of providing such supplemental or
additional funds, the board of supervisors of any county is hereby authorized
and empowered, in its discretion, to issue the road or road and bridge bonds of
such county in any lawful amount, said bonds to be issued in all respects in
the manner and method, and subject to the restrictions and conditions, now
provided by law for the issuance of county road or road and bridge bonds, and
shall be payable from the same sources of revenue.
SECTION 234. Section 65-11-27, Mississippi Code of 1972, is amended as follows:
65-11-27. If the board of
supervisors of any county notify the * * * Mississippi Department
of Transportation that it refuses to accept the benefits of Sections 65-11-1
through 65-11-37 on the terms and conditions specified therein and in the
federal laws, rules, and regulations, or if any county shall fail to submit a
description of recommended projects as required by Section 65-11-15, the amount
of the appropriation made by the state for the purposes hereof and the amount
available from federal aid funds which has been apportioned to such county may
be expended in the discretion of the * * * Mississippi
Department of Transportation on any other highway, state or county, on the
approved system of secondary and feeder roads within or without such county;
however, the * * * Mississippi Department of Transportation may grant
an additional three months for the filing of the description of projects,
provided such extension shall not cause a lapse of federal aid funds
apportioned to this state by reason of the expiration of a federal fiscal year.
SECTION 235. Section 65-11-29, Mississippi Code of 1972, is amended as follows:
65-11-29. Any county may,
by resolution of its board of supervisors, request that all or any portion of
the monies available for expenditure in such county from federal aid and state appropriated
funds be expended on any state highway in such county which is on the approved
system of secondary and feeder roads. In that event, the * * * Mississippi
Department of Transportation may expend such money on such state highway in
accordance with the provisions of the Federal Aid Highway Act of 1944 [58 U. S.
Stat. 838, ch. 626] and the rules and regulations promulgated pursuant thereto,
notwithstanding any provision of Sections 65-11-1 through 65-11-37 to the
contrary.
SECTION 236. Section 65-11-31, Mississippi Code of 1972, is amended as follows:
65-11-31. Any county, acting through its board of supervisors, may enter into an agreement with any other county or counties, or with any road or highway district, or any other public agency for the expenditure of a part or all of the monies available pursuant to Sections 65-11-1 through 65-11-37 for expenditure in such county or any public highway outside the boundaries of such county, if such highway is eligible for federal aid under subsection (b) of Section 3 of the Federal Aid Highway Act of 1944 [58 U.S. Stat. 838, ch. 626]. In that event, the * * * Mississippi Department of Transportation is authorized and empowered to expend such monies in accordance with such agreement.
SECTION 237. Section 65-11-35, Mississippi Code of 1972, is amended as follows:
65-11-35. All * * * monies that shall be
appropriated for the purposes of Sections 65-11-1 through 65-11-37 shall be
paid into the State Highway Fund, as shall all other * * * monies that shall be paid for
said purposes as a result of any other law, state or federal, and all * * * monies which shall accrue from
any other source for such purposes. All expenditures of state funds
contemplated by the aforesaid sections shall be made from such fund, and such * * * monies shall be paid out by the * * * Mississippi
Department of Transportation, acting through its director, in the manner
and method now provided by law.
SECTION 238. Section 65-11-37, Mississippi Code of 1972, is amended as follows:
65-11-37. All highways
constructed under the provisions of Sections 65-11-1 through 65-11-37,
including those constructed under the provisions of Sections 65-11-27 through
65-11-31, may be constructed by the * * * Mississippi
Department of Transportation without regard to any group priority of
construction which is now or may hereafter be provided by law.
SECTION 239. Section 65-11-61, Mississippi Code of 1972, is amended as follows:
65-11-61. The purpose of this section is to authorize the * * * Mississippi Department of Transportation to repair roadbed, surfacing, and bridges being constructed as farm-to-market projects under the provisions of the County Highway Aid Law of 1946, Sections 65-11-1 through 65-11-37. Said roadbed, surfacing, and bridges having been damaged by excessive floods before final acceptance of the projects and no provision being made by law for their repair, this section is intended as supplemental to said 1946 law.
The * * * Mississippi
Department of Transportation is authorized, in its discretion, to
repair any roadbeds which have been damaged by floods on roads built under the
provisions of the cited sections, out of any monies on hand from the
appropriation to carry out the provisions of said sections to the credit of the
county in which said road is situated.
SECTION 240. Section 65-17-203, Mississippi Code of 1972, is amended as follows:
65-17-203. The duties of the county engineer shall be to prepare all plans and estimates for the construction of bridges and superintend their construction, to make all estimates and plans of work to be done in the construction and maintenance of roads and superintend the work, to go over the report to the board of supervisors what work should be done to properly upkeep and maintain all roads and bridges in the county, and to check over and report to the board of supervisors on all estimates before payment by the board of supervisors of all work done on public roads.
The engineer may be required
to furnish plans and estimates, and may superintend the construction of any
road under the supervision of the * * * Mississippi Department
of Transportation, if the * * * department may so
elect. The purpose of this section is to provide a means whereby the board of
supervisors and the * * * department may co-operate in such work, when same
can be done, and reduce the expense of construction of any road.
SECTION 241. Section 65-23-1, Mississippi Code of 1972, is amended as follows:
65-23-1. Any municipality, * * * the Mississippi Department of Transportation, or county, severally or acting with other authorized agencies in this or adjoining states, may acquire, own, operate, construct, or aid in the construction in whole or in part improving and extending, and maintain toll bridges or free bridges, including the approaches thereto, either within such political subdivision or within five miles adjacent to the territory over which such public agency or subdivision has jurisdiction, which bridges shall extend over any of the rivers and waters in or forming the boundary of this and other states.
SECTION 242. Section 65-23-11, Mississippi Code of 1972, is amended as follows:
65-23-11. The * * * Mississippi
Department of Transportation may, when in its opinion the best interest of
the state requires, contribute such an amount of the cost of the construction
of such bridge or bridges as it may determine would be to the best interest of
the State of Mississippi when such bridge forms a part of or a continuation of
the state highway system, or is so connected with the state highway system
through the streets of a municipality leading from the approaches of such
bridge to the state highway system, and may incorporate any such toll bridge
into the state highway system. Such * * * Mississippi Department
of Transportation may, in whole or in part, maintain such bridge as a part
of the state highway system, or may leave the maintenance of such bridge to the
municipality or other political body acting jointly with such * * * Mississippi
Department of Transportation in the financing and operation of such
bridge. In event that the * * * Mississippi
Department of Transportation shall contribute any sums of money towards the
creation or acquisition of such bridge and the approaches thereto, said * * *
Mississippi Department of Transportation may or may not, in its
discretion, require the repayment of such funds through tolls collected,
together with interest on such * * * monies so advanced or donated at
a rate, to be determined by said * * * Mississippi
Department of Transportation, not to exceed said amount of six and one-half
percent (6-1/2%).
SECTION 243. Section 65-23-17, Mississippi Code of 1972, is amended as follows:
65-23-17. Any municipality,
county, parish, highway commission * * * or other political authority in an adjoining
state which has been properly authorized by the laws of that state and the
United States may exercise in the State of Mississippi any and all the powers
granted in this article to municipalities and other public bodies in
Mississippi, subject to the conditions and requirements of this article. In
event that the powers granted under this article are exercised solely by a
municipality or county, then same shall be exercised by the governing authority
of such municipality or county; and in the event that same are exercised
jointly, then same shall be exercised jointly by the governing authorities of
such political subdivisions.
SECTION 244. Section 65-23-201, Mississippi Code of 1972, is amended as follows:
65-23-201. When fifty (50)
or more owners of real property within a proposed district shall file a
petition with the chancery court of the county in which the largest portion of
the lands of the proposed district are situated, seeking to establish a bridge
district for the purpose of constructing, maintaining, and operating an
interstate bridge and the approaches thereto embracing their property, said
petition shall describe the region or area to be embraced within said district
and describe generally the location of said bridge, the proposed plan of
financing the construction, maintenance, and operation of said bridge, together
with a general idea of its character and expenses, accompanied by a certificate
or resolution from the * * * Mississippi Department of Transportation
showing the need and necessity for the construction of such bridge; then it
shall be the duty of the clerk of the chancery court to enter upon its records
an evidence of having filed the petition. After having filed said petition,
said property owners or their representatives shall apply to the chancellor in
vacation or term time for an order fixing a day and date for a hearing on said
petition to determine whether or not the petition should be granted or denied.
The chancery clerk, after having received the order fixing a day and date for
such hearing, shall thereupon give notice by publication once each week for
three consecutive weeks in some newspaper published and having a general
circulation in the county or counties within which the lands of the proposed
district are situated, notifying all persons owning property therein to appear
before the chancery court on the day and date fixed by said court to show cause
in favor of or against the establishment of said district. At the time named
in said notice, the chancery court shall meet and hear all property owners
within the proposed district who wish to appear for or against the
establishment of the district. If it is deemed to the best interest of the
owners of real property within said district that the same shall be created
under the provisions of this article the court shall enter an order
establishing the district as an interstate bridge district, which shall be
subject to all of the terms and provisions of this article. Any landowner
feeling aggrieved by the order of the court shall have the right of appeal
within thirty days from the date the order was entered, and such appeal may be
prosecuted in the manner now provided by law.
SECTION 245. Section 65-23-225, Mississippi Code of 1972, is amended as follows:
65-23-225. The board of
commissioners herein created are hereby granted the right and power to
construct, operate, and maintain said bridge as a toll bridge, and shall have
the power to fix and determine, subject to the terms and provisions of the
General Bridge Authority Act of Congress, approved August 2, 1946, and any laws
amendatory thereof, the tolls to be charged for transit over such bridge for
motor-propelled vehicles, wagons, carriages, animals, foot passengers, pipe
line or lines, or other persons, firms, or corporations using such bridge; and
the rates so prescribed shall be the legal rates demanded and received for such
transit. The rates for such tolls may be increased or decreased from time to
time by the board of commissioners, subject, however, to the terms and
provisions of the above-mentioned act of Congress. The board of commissioners
shall make an annual report of all tolls collected to a trustee or trustees
representing the bond holders and to the * * * Mississippi
Department of Transportation, and one copy of said report shall be filed
with the clerk of the chancery court of the county in which the bridge is
located. When the bonded indebtedness and all claims and liability have been
fully paid and discharged, said bridge shall become a free bridge. The board
of commissioners shall thereupon convey all its right, title, and interest in said
bridge to the * * * Mississippi Department of Transportation,
and * * * the
department shall maintain and operate said bridge as a part of its highway
system without cost to the individual user thereof. The tolls so charged and
collected for the use of such bridge shall be used as follows:
(a) To the payment of the reasonable cost of maintaining, repairing, and operating the bridge and approaches thereto, under economical management;
(b) To the payment of the principal and interest on the bonded indebtedness; and
(c) The balance, if any, to be placed in an interest and sinking fund to be used for future maintenance and operations and the retirement of the bonded indebtedness.
SECTION 246. Section 65-23-227, Mississippi Code of 1972, is amended as follows:
65-23-227. For the purpose
of carrying into effect the objects and purposes of this article the board of
commissioners shall have full power and authority to negotiate and enter into
contract or contracts with the federal government or any of its agencies, the * * * Mississippi
Department of Transportation, the state highway commission of any adjoining
state where said bridge may be located, any counties, cities, or town of the
State of Mississippi or of any adjoining state whereby the district may receive
financial aid in the construction, maintenance, and operation of said bridge
and approaches thereto; to contract for the joint ownership thereof and the means
and manner of operating and maintaining said bridge and approaches thereto.
The powers herein granted to the board of commissioners shall have broad and
liberal construction for the purpose of carrying out the provisions of this
article.
SECTION 247. Section 65-25-21, Mississippi Code of 1972, is amended as follows:
65-25-21. The governing
body of any municipality issuing its bonds under the provisions of this article
is hereby authorized to fix and to revise from time to time tolls for transit
over such bridges, to charge and collect the same, and to contract with any
person, partnership, association, or corporation desiring the use of any
bridge, its approaches, appurtenances, or any part thereof for placing thereon
water, gas, oil pipe lines, telephone, telegraph, electric light or power
lines, railroad or street railway tracks, or for any other purpose, and to fix
the terms, conditions, rates, and charges for such use. Such tolls shall be so
fixed and adjusted, in respect of the aggregate of tolls from the bridge or
bridges for which a single issue of bonds is issued, as to provide a fund
sufficient, with other revenues of the bridge or bridges, if any, to pay (a)
the cost of maintaining, repairing, and operating such bridge or bridges unless
such cost shall be otherwise provided for, and (b) the bonds and the interest
thereon as the same become due, subject, however, to any applicable law or
regulation of the United States of America now in force or hereafter to be
enacted or made. Such tolls shall not be subject to supervision or regulation
by any state commission, board, bureau, or agency. The tolls from the bridge
or bridges for which a single issue of bonds is issued, except such part
thereof as may be required to pay the cost of maintaining, repairing, and
operating the bridge or bridges and to provide such reserves therefor as may be
provided in the resolution authorizing the issuance of the bonds or in the
trust indenture, shall be set aside at such regular intervals as may be
provided in such resolution or such trust indenture, in a sinking fund which is
hereby pledged to, and charged with the payment of, (1) the interest upon such
bonds as such interest shall fall due, (2) the principal of the bonds as the
same shall fall due, (3) the necessary fiscal agency charges for paying
principal and interest, and (4) any premium upon bonds retired by call or
purchase as herein provided. The use and disposition of such sinking fund
shall be subject to such regulations as may be provided in the resolution
authorizing the issuance of bonds or in the trust indenture, but, except as may
otherwise be provided in such resolution or trust indenture, such sinking fund
shall be a fund for the benefit of all bonds without distinction or priority of
one over another. Subject to the provisions of the resolution authorizing the
issuance of bonds or of the trust indenture, any * * * monies in such sinking fund in
excess of an amount equal to one year's interest on all bonds then outstanding
may be applied to the purchase or redemption of bonds. All bonds so purchased
or redeemed shall forthwith be cancelled and shall not again be issued.
Upon the letting of a
contract for the construction of a bridge under the provisions of this article,
it shall be the duty of * * *state highway commission the Mississippi Department of
Transportation to proceed with the construction of any highways which may
be necessary to connect such bridge with the highway system of the state and to
complete the construction of such connecting highway or highways on or before
the date such bridge shall be opened for traffic.
SECTION 248. Section 65-25-23, Mississippi Code of 1972, is amended as follows:
65-25-23. Notwithstanding any of the foregoing provisions of Section 65-25-21, any municipality other than the state may, by resolution or ordinance passed prior or subsequent to the issuance of its bonds under the provisions of this article, or by such trust indenture, covenant to contribute funds apart from bridge earnings to pay all or any part of the cost of maintaining, repairing, and operating any bridge or bridges acquired, constructed, or improved by it under the provisions of this article, and may likewise covenant to make such contribution to the payment of bonds and the interest thereon issued pursuant to this article, by another municipality. Such covenant, authorized by such resolution, ordinance, or trust indenture, shall have the force of a contract between such municipality and the holders of the bonds issued on account of such bridge or bridges, and shall obligate the municipality to raise such funds. Any municipality in the state may aid any other municipality in the state and contribute funds to pay any part of the cost of acquiring, constructing, maintaining, repairing, and operating any bridge or bridges; and the twenty miles limitation contained in Section 65-25-3 shall have no application and shall not be construed to restrict such municipality from contributing such funds to aid the municipality which issues its revenue bonds as herein provided. But no such contribution shall be made unless authorized by a majority of the qualified electors voting in favor of same in an election held according to law for the purpose of so authorizing.
No municipality shall enter into any contract or covenant provided for in the first paragraph of this section without there being first held an election in which a majority of those voting shall authorize said covenant or contract to be entered into by said municipality.
The State of Mississippi,
acting by and through the * * * Mississippi Department
of Transportation as an agency thereof, may receive from the federal
government or any agency thereof funds specifically allotted or appropriated by
the federal government for constructing, acquiring, maintaining, and repairing
bridges across the Mississippi River, which the * * * Mississippi
Department of Transportation may by resolution allocate to pay the costs or
any part thereof of constructing, acquiring, maintaining, repairing, and
operating any bridge or bridges acquired, constructed, or improved under this
article and to the payment of principal and interest of such bonds.
SECTION 249. Section 65-25-27, Mississippi Code of 1972, is amended as follows:
65-25-27. Any holder of any
bonds issued under the provisions of this article or of any of the coupons
attached thereto, and the trustee under the trust indenture, if any, except to
the extent the rights herein given may be restricted by resolution passed
before the issuance of the bonds or by the trust indenture, may either at law
or in equity, by suit, action, mandamus, or other proceeding, protect and
enforce any and all rights granted hereunder or under such resolution or trust
indenture, and may enforce and compel performance of all duties required by
this article, or by such resolution or trust indenture, to be performed by the
municipality, its governing body, or by the * * * Mississippi
Department of Transportation, or any officer thereof, including the fixing,
charging, and collecting of tolls for transit over such bridges.
SECTION 250. Section 65-25-31, Mississippi Code of 1972, is amended as follows:
65-25-31. No bridge for the
use of the traveling public located as provided in Section 65-25-3 shall
hereafter be constructed and operated by any county, municipal corporation, or
political subdivision of the state, or by any person, copartnership,
association, or corporation, and no franchise shall hereafter be granted for
the operation of a ferry within fifteen miles of any toll bridge for the
acquisition or construction of which bridge revenue bonds shall have been
authorized under this article, except under a written permit granted by the * * * Mississippi
Department of Transportation. No such permit shall be granted by the * * * Mississippi
Department of Transportation until it shall ascertain by an investigation,
including a hearing upon such notice and under such rules as the * * *
department may
prescribe, that there is an urgent public need for the operation of such bridge
or such ferry, and that its operation will not affect the revenues of any
bridge purchased or constructed under the provisions of this article so as to
impair the security of any bridge revenue bonds issued for the acquisition or
construction of such bridge.
SECTION 251. Section 65-25-35, Mississippi Code of 1972, is amended as follows:
65-25-35. Any municipality
is hereby authorized to provide by resolution for the issuance of bridge
revenue refunding bonds of such municipality for the purpose of refunding any
bridge revenue bonds issued under the provisions of this article and then
outstanding. The issuance of such bridge revenue refunding bonds, the
maturities and other details thereof, the rights of the holders thereof, and
the duties of such municipality and of any other municipality or the * * * Mississippi
Department of Transportation in respect to the same, shall be governed by
the foregoing provisions of this article insofar as the same may be applicable,
and by the following provisions:
(a) No bridge revenue refunding bonds shall be delivered unless delivered in exchange for bridge revenue bonds to be refunded thereby, except in the amount necessary to provide for the payment of matured or redeemable bridge revenue bonds or bridge revenue bonds maturing or redeemable within three months, including any redemption premium thereon.
(b) No bridge revenue refunding bonds shall be issued unless issued to refund bridge revenue bonds which have matured or will mature within six months, or unless the interest rate of the bridge revenue refunding bonds shall be at least one fourth of one percent (1/4 of 1%) less than the interest rate borne by the bridge revenue bonds to be refunded.
SECTION 252. Section 65-25-129, Mississippi Code of 1972, is amended as follows:
65-25-129. The * * *
Mississippi Department of Transportation is authorized to use any
monies in the * * * Mississippi Department of Transportation Fund
that are not appropriated or otherwise encumbered for any other purpose, to
match federal funds that are made available for preliminary engineering of the
Arkansas-Mississippi Great River Bridge or for any other project in connection
with preliminary engineering, including environmental impact studies.
SECTION 253. Section 65-26-3, Mississippi Code of 1972, is amended as follows:
65-26-3. For purposes of this chapter, the following words and terms shall have the meanings ascribed herein unless the context shall otherwise require:
(a) "General obligation bonds" shall mean bonds of the State of Mississippi, to the repayment of which, both as to principal and interest, the full faith, credit and taxing power of the State of Mississippi are irrevocably pledged until the principal and interest are paid in full.
(b) "Highway
Commission" shall mean the * * * Mississippi
Department of Transportation.
(c) "Bond commission" shall mean the state bond commission.
(d) "Corps of Engineers" shall mean the United States Army Corps of Engineers.
(e) "Bridge construction fund" shall mean the Tennessee-Tombigbee Waterway bridge construction fund as created by Section 65-26-25.
(f) "Bond retirement fund" shall mean the Tennessee-Tombigbee Waterway bridge bond retirement fund created by Section 65-26-9.
SECTION 254. Section 65-26-5, Mississippi Code of 1972, is amended as follows:
65-26-5. (1) The * * * Mississippi Department of
Transportation, subject to the Corps of Engineers' approval of the plans,
is hereby granted full and complete authority to perform any act necessary and
proper to plan, construct and maintain any or all of the bridges or tunnels,
authorized by subsection (2) of this section as funds are available, which
shall span the Tennessee-Tombigbee Waterway from the funds derived from this
chapter and any other funds available for such construction except that no
state funds other than those explicitly provided by this chapter shall be used.
(2) (a) The * * * Mississippi Department of
Transportation may construct bridges or tunnels, whichever is more feasible
as determined by the * * * department,
only on United States Highways 45, 72, 78, 82 and 278 and Mississippi Highways
4, 6, 25, 30 and 50, as funds are available as authorized by this chapter.
(b) Any bridge or
tunnel constructed on United States Highways 45, 72, 78 and 82 shall have four
(4) lanes. Any bridge or tunnel constructed on United States Highway 278 and
Mississippi Highways 4, 6, 25, 30 and 50 shall have two (2) lanes. The bridges
or tunnels shall be constructed by order of priority as determined by the * * * Mississippi Department of
Transportation based on the criteria of keeping the construction of the
Tennessee-Tombigbee Waterway on schedule.
(c) The * * * Mississippi Department of
Transportation is hereby authorized and directed, in the discharge of its
duties under this chapter, to cooperate with the Corps of Engineers, and United
States Department of Transportation and any other federal agency to receive
any available federal funds or to secure the assumption by the federal
government of all or any part of the costs of planning or constructing the
bridges or tunnels and shall enter into an agreement that any bridges or
tunnels on highways constructed or reconstructed, in whole or in part, with
federal funds allocated for the purposes of this chapter shall be owned and
operated by the State of Mississippi, and that the state will operate and
maintain such bridges or tunnels or highways.
SECTION 255. Section 65-26-11, Mississippi Code of 1972, is amended as follows:
65-26-11. The * * * Mississippi Department of
Transportation may levy tolls on any bridge provided for in Section 65-26-5
where the * * * department determines such tolls to be feasible. Tolls
shall be levied only at such time as is provided for in subsection (3)(b)(iii)
of Section 65-26-19. The revenue derived from any tolls shall be deposited
directly into the bond retirement fund, and shall be used only to defray the
costs incident to the collection of such tolls, the construction, maintenance
and equipment of toll stations and to retire bonds issued pursuant to the
provisions of this chapter, or to reimburse the State of Mississippi for any
advances or expenditures in excess of twenty-five percent (25%) of the
principal of and interest on bonds issued under the authority of subsection (1)
of Section 65-26-15 or to reimburse the State of Mississippi for any
expenditures on the principal of and interest on bonds issued under the
authority of subsection (2) of Section 65-26-15. Any tolls shall be collected
until terminated as provided by subsection (3) of Section 65-26-19.
SECTION 256. Section 65-26-15, Mississippi Code of 1972, is amended as follows:
65-26-15. (1) The * * * Mississippi
Department of Transportation is hereby authorized, at one time or from time
to time, to declare by resolution the necessity for issuance of negotiable
general obligation bonds of the State of Mississippi to provide funds for the
purpose of paying all or any part of the cost of the planning or construction
of the bridges or tunnels, authorized by this chapter to receive state funds,
over the Tennessee-Tombigbee Waterway, but in no event shall the amount of
bonds issued exceed a total of Forty Million Dollars ($40,000,000.00) for such
planning or construction of such bridges or tunnels. The counties of Alcorn,
Chickasaw, Clay, Itawamba, Lee, Lowndes, Monroe, Noxubee, Kemper, Pontotoc,
Prentiss and Tishomingo are hereby obligated to reimburse the State of
Mississippi for seventy-five percent (75%) of the total cost of the bonds, not
to exceed Thirty Million Dollars ($30,000,000.00), and to pay the debt service
thereon.
(2) In the manner and for
the purposes described in subsection (1) of this section, the * * * Mississippi
Department of Transportation is hereby authorized at one time or from time
to time, to declare by resolution the necessity for issuance of additional
negotiable general obligation bonds of the State of Mississippi in an amount
not to exceed Thirty Million Dollars ($30,000,000.00). The counties of Alcorn,
Chickasaw, Clay, Itawamba, Lee, Lowndes, Monroe, Noxubee, Kemper, Pontotoc,
Prentiss and Tishomingo are hereby obligated to reimburse the State of
Mississippi for one hundred percent (100%) of the total cost of the bonds
issued under the authority of this subsection and to pay the debt service
thereon.
(3) Notwithstanding the foregoing provisions of this section, no general obligation bonds authorized herein shall be issued after April 23, 1986.
(4) The * * * Mississippi
Department of Transportation is authorized to accept and to use funds from
whatever source available, other than state funds which are not explicitly
pledged under this chapter, in completing the construction authorized by this
chapter and shall furnish to the State Bond Commission the amounts of federal
funds to be expended on each bridge or tunnel, which is to be partially funded
under the provisions of this chapter. The * * * Mississippi
Department of Transportation shall not request bonds to be issued in an
amount which when added to other funds available will exceed the actual cost of
construction nor where construction of any such bridge or tunnel may be
accomplished by the Corps of Engineers or any other federal agency.
SECTION 257. Section 65-26-19, Mississippi Code of 1972, is amended as follows:
65-26-19. (1) Upon the adoption of a resolution by the * * * Mississippi Department of Transportation, declaring the necessity for the issuance of any part or all of the general obligation bonds authorized by this chapter, the * * * Mississippi Department of Transportation shall deliver a certified copy of its resolution or resolutions to the Bond Commission. Upon receipt of same, the Bond Commission shall, in its discretion, act as the issuing agent, prescribe the form of the bonds, advertise for and accept bids, issue and sell the bonds so authorized to be sold, and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds.
(2) For the payment of said bonds and the interest thereon, the full faith, credit, and taxing power of the State of Mississippi are hereby irrevocably pledged. If the Legislature shall find that there are funds available in the General Fund of the Treasury of the State of Mississippi in amounts sufficient to pay maturing principal and accruing interest of said general obligation bonds, and if the Legislature shall appropriate such available funds to the bond retirement fund for the purpose of paying such maturing principal and accruing interest, then the maturing principal and accruing interest of said bonds shall be paid from appropriations made from the General Fund of the Treasury of the State of Mississippi by the Legislature thereof. But, if there are not available sufficient funds in the bond retirement fund and General Fund of the Treasury of the State of Mississippi to pay the maturing principal and accruing interest of said bonds, or if such funds are available and the Legislature should fail to appropriate a sufficient amount thereof to pay such principal and accruing interest as the same becomes due, then, and in that event, there shall annually be levied upon all taxable property within the State of Mississippi an ad valorem tax at the rate sufficient to provide the funds required to pay the said bonds at maturity and the interest thereon as the same accrues.
(3) (a) From and after that year in which the state shall become obligated to make the final expenditure of the Ten Million Dollars ($10,000,000.00) required by Section 65-26-7, there is hereby pledged the net revenue derived from the funds received by the State of Mississippi from the Tennessee Valley Authority in lieu of ad valorem taxes, being twelve and two-tenths percent (12.2%) of the total funds paid by the Authority in Mississippi, as provided in Section 27-37-301, Mississippi Code of 1972, said funds to be deposited directly into the bond retirement fund. Such funds paid by the Authority in lieu of ad valorem taxes are hereby pledged for the payment of principal of and interest on bonds authorized by subsection (1) of Section 65-26-15. When twenty-five percent (25%) of the total costs of the bonds and the debt service thereon has been paid by the use of funds of the State of Mississippi, the diversion of such funds from the Authority from the general fund of the State of Mississippi into the bond retirement fund shall cease.
(b) For repayment to the State of Mississippi to the extent of the local share of all bonds issued under the authority of this chapter and the interest thereon, there are hereby pledged the following revenues:
(i) From and after January 1, 1976, any sum in excess of the sum received in 1975 by the counties of Alcorn, Chickasaw, Clay, Itawamba, Kemper, Lee, Lowndes, Monroe, Noxubee, Pontotoc, Prentiss and Tishomingo from funds paid by the Tennessee Valley Authority to said counties under the provisions of Section 27-37-301, Mississippi Code of 1972, which shall be deposited directly into the bond retirement fund;
(ii) The revenue derived from the one (1) mill special improvement ad valorem tax levied by Section 65-26-13;
(iii) The revenue derived from the levy of tolls as required by Section 65-26-11; provided, however, that no toll shall be levied or collected until such time as the revenue from the following sources is insufficient to pay the annual cost of the principal of the bonds and the interest thereon; the funds paid the state as set forth in subparagraph (a) until terminated as provided therein, the funds paid the counties as set forth in subparagraph (b)(i), the one (1) mill tax as set forth in subparagraph (b)(ii), and a sum equal to the portion of the balance of the bond retirement fund representing the state's participation therein;
(iv) The revenue derived from the levy of the bridge tax as provided in Section 65-26-17; provided, however, that no such tax shall be levied or collected until revenue from the following sources shall be insufficient to pay the annual costs of the principal of the bonds and the interest thereon: the funds paid the state as set forth in subparagraph (a) until terminated as provided therein, the funds paid the counties as set forth in subparagraph (b)(i), the one (1) mill tax set forth in subparagraph (b)(ii), the tolls as set forth in subparagraph (b)(iii) and a sum equal to the portion of the balance of the bond retirement fund representing the state's participation therein.
(c) (i) If the revenue provided for in subparagraphs (b)(i), (b)(ii) and (b)(iii) is sufficient for a period of two (2) consecutive years, to meet the cost of the principal of the bonds and the interest maturing thereon, the levy of the bridge tax as set forth in subparagraph (b)(iv) of this section shall cease;
(ii) If the revenue provided for in subparagraphs (b)(i) and (b)(ii) is sufficient, for a period of two (2) consecutive years, to meet the cost of the principal of the bonds and the interest maturing thereon, the tolls as set forth in subparagraph (b)(iii) of this section shall cease to be collected.
(d) (i) If, at any time after the bridge tax shall cease to be collected to be used to pay the cost of the principal of the bonds and interest thereon, the revenue provided for in subparagraphs (b)(i), (b)(ii) and (b)(iii) shall be insufficient to pay the annual costs of the principal and interest on the bonds, the state tax commission shall again levy the bridge tax.
(ii) If, at any
time after the tolls shall cease to be collected for payment of the bonds and
interest thereon, the revenue provided for in subparagraphs (b)(i) and (b)(ii)
shall be insufficient to pay the annual costs of the principal and interest on
the bonds, the * * * Mississippi Department of Transportation
shall again collect the tolls.
(4) Such bonds shall bear date or dates, be in such denomination or denominations, bear interest at such rate or rates, be payable at such place or places within or without the State of Mississippi, shall mature absolutely at such time or times, be redeemable prior to maturity at such time or times and upon such terms, with or without premium, shall bear such registration privileges, and shall be substantially in such form, all as shall be determined by resolution of the Bond Commission. Provided, however, that such bonds shall mature in annual installments beginning not more than two (2) years from date thereof and extending not more than twenty (20) years from date thereof.
(5) Such bonds shall be signed by the chairman of the Bond Commission, or by his facsimile signature, and the official seal of the Bond Commission shall be affixed thereto, attested by the secretary of the Bond Commission. The interest coupons to be attached to such bonds may be executed by the facsimile signatures of said officers. Whenever any such bonds shall have been signed by the officials herein designated to sign the bonds, who were in office at the time of such signing but who may have ceased to be such officers prior to the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the signatures of such officers upon such bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially signing such bonds had remained in office until the delivery of the same to the purchaser, or had been in office on the date such bonds may bear.
SECTION 258. Section 65-26-25, Mississippi Code of 1972, is amended as follows:
65-26-25. (1) Upon the
issuance and sale of such bonds, the Bond Commission shall transfer the
principal proceeds of any such sale or sales to the bridge construction fund
hereby created in the State Treasury. The proceeds of such bonds shall be used
solely for the payment of the cost of the project or combined projects, which
shall include costs incident to the issuance and sale of such bonds, and shall
be disbursed solely upon the order of the * * * Mississippi Department of
Transportation under such restrictions, if any, as may be contained in the
resolution providing for the issuance of the bonds.
(2) Any revenues
transferred to the bridge construction fund from the bond retirement fund as
provided in this chapter shall be expended for the construction of any bridges
described in Section 65-26-5 upon the order of the * * * Mississippi Department of
Transportation. Such revenues shall not be commingled with any other funds
in the bridge construction fund but shall be kept separate and distinct
therefrom.
(3) Any funds in the bridge construction fund which are not needed to make current payments to meet contractual obligations shall be invested in interest-bearing certificates of deposit in accordance with the provisions of Section 27-105-33, except interest so earned shall be credited to the bridge construction fund.
(4) When all contracts for bridge construction are paid in full then all funds in the bridge construction fund and all funds invested as provided in subsection (3) of this section shall be transferred to the bond retirement fund and no further diversion or transfer of said funds shall be made to the bridge construction fund.
SECTION 259. Section 65-26-35, Mississippi Code of 1972, is amended as follows:
65-26-35. (1) The funds
which are transferred from the sale of bonds under this chapter and such other
funds as may be transferred to the bridge construction fund may be withdrawn
only in the following manner: the funds shall be paid by the State Treasurer
upon warrants issued by the State Auditor of Public Accounts, which warrants
shall be issued upon requisition by the * * * Mississippi
Department of Transportation, signed by the * * * Commissioner of Transportation.
(2) All expenditures
ordered by the * * * Mississippi Department of Transportation shall be
entered upon its minutes, and the * * * Mississippi Department of
Transportation shall submit a full report of its work and all the
transactions carried on by it, and a complete statement of all its expenditures
at the next regular session of the Legislature.
SECTION 260. Section 65-9-17, Mississippi Code of 1972, is amended as follows:
65-9-17. (1) When any county shall have met the requirements of this chapter and shall have become eligible for state aid, the State Aid Engineer, as soon as practicable, shall notify such county in writing of such eligibility and that its proportionate part of any state funds allocated to it for state aid may be utilized for construction in the manner provided by law, and such notice shall also be given in writing to the Department of Finance and Administration and to the State Treasurer.
(2) State aid funds shall be allocated to each county for use on state aid system roads or roads on the Local System Road Program in accordance with the provisions of Section 27-65-75.
(3) State aid funds may be credited to a county in advance of the normal accrual to finance certain state aid improvements, subject to the approval of the State Aid Engineer and subject further to the following limitations:
(a) That the maximum amount of state aid funds that may be advanced to any county shall not exceed ninety percent (90%) of the state aid funds estimated to accrue to such county during the remainder of the term of office of the board of supervisors of such county.
(b) That no advance credit of funds will be made to any county when the unobligated balance in the State Aid Road Fund is less than One Million Dollars ($1,000,000.00).
(c) That such advance crediting of funds be effected by the State Aid Engineer at the time of the approval of the plans and specifications for the proposed improvements.
It is the intent of this provision to utilize to the fullest practicable extent the balance of state aid funds on hand at all times.
(4) State aid funds shall be available to such county to the following extent and in the following manner:
(a) On state aid projects, other than those on or off the federal aid secondary system to be partially financed with federal funds, state aid funds credited to such county in the State Aid Road Fund shall be available to cover the cost of such project. Upon the awarding of a contract for such state aid project, the board of supervisors of any county will, by an official order of the board, authorize the State Aid Engineer to set up the project fund for such project from that county's state aid fund in the State Treasury. The amount of the project fund will cover the estimated cost of the project, including the contractor's payments and any other costs authorized under this chapter to be paid from state aid funds. Withdrawals from the project fund will be made by requisitions prepared by the State Aid Engineer, based on estimates and other supporting statements and documents prepared or approved by the county engineer, such requisitions, accompanied by such estimates and statements, to be directed to the Department of Finance and Administration, which will issue warrants in payment thereof. Requisitions may be drawn to cover the final cost of the project accepted by the boards of supervisors of the counties affected and the State Aid Engineer, even though such cost exceeds the aforesaid estimated project fund. Whenever, in the opinion of the State Aid Engineer, it should appear that any such estimate or statement of account has been improperly allowed or that any road construction project is not proceeding in accordance with the plans, specifications and standards set up therefor, then, in such event, due notice in writing shall be given the board of supervisors of such county and the contractor on such project, if any, stating the reason why such account should not have been allowed or why such project is not progressing satisfactorily; and if, within thirty (30) days from the date of such notice in writing, such error or default is not corrected to the satisfaction of the State Aid Engineer, all state aid funds theretofore allocated to such eligible county shall be immediately withdrawn and notice given the Department of Finance and Administration and the State Treasurer that such county has become ineligible therefor. Such county shall remain ineligible until it again becomes eligible by satisfying the State Aid Engineer as to its eligibility.
(b) On state aid projects on the federal aid secondary system which are to be partially financed with federal funds, state aid funds credited to such county in the State Aid Road Fund shall be available to cover the sponsor's share of the cost of such project. At the same time, the State Treasurer, on order from the board of supervisors, shall transfer an amount up to one hundred percent (100%) of such cost from the credit of such county in the State Aid Road Fund to the credit of such county in the State Highway Fund, earmarked for such project.
(c) State aid road funds credited to a county in the State Aid Road Fund shall also be available to cover the sponsor's cost of any other project of such county which is partially financed with federal funds available through federal "safer off-system" road funds and/or other federal road funds allocated to the counties as provided for in accordance with Section 65-9-29(2). On order from the board of supervisors of such county, the State Treasurer shall transfer an amount up to one hundred percent (100%) of such cost from the credit of such county in the State Aid Road Fund to the credit of such county in the State Highway Fund, earmarked for such project.
(d) Up to one-third (1/3) of state aid road funds credited to a county in the State Aid Road Fund may be available to match federal bridge replacement monies or other federal funds, or both, to construct, replace, inspect or post bridges and to conduct pavement management surveys on county roads which are not on the state aid system. To implement such projects, the State Treasurer shall, as requested in an order from the board of supervisors of the county, make transfers out of the credit of such county in the State Aid Road Fund.
(e) Up to twenty-five percent (25%) of the state aid road funds credited to a county in the State Aid Road Fund may be available for projects authorized under the Local System Road Program. Withdrawals from the fund for the Local System Road Program will be made by requisitions prepared by the State Aid Engineer, based on estimates and other supporting statements and documents prepared or approved by the county engineer; such requisitions, accompanied by such estimates and statements, to be directed to the Department of Finance and Administration, which will issue warrants in payment thereof. Requisitions may be drawn to cover the final cost of the local system road project accepted by the boards of supervisors of the counties affected and the State Aid Engineer even though such cost exceeds the aforesaid estimated project fund. Whenever, in the opinion of the State Aid Engineer, it should appear that any such estimate or statement of account has been improperly allowed or that any road construction project is not proceeding in accordance with the plans, specifications and standards set up therefor, then, in such event, due notice in writing shall be given the board of supervisors of such county and the contractor on such project, if any, stating the reason why such account should not have been allowed or why such project is not progressing satisfactorily; and if, within thirty (30) days from the date of such notice in writing, such error or default is not corrected to the satisfaction of the State Aid Engineer, all state aid funds theretofore allocated to such eligible county shall be immediately withdrawn and notice given the Department of Finance and Administration and the State Treasurer that such county has become ineligible therefor. Such county shall remain ineligible until it again becomes eligible by satisfying the State Aid Engineer as to its eligibility.
(5) The State Treasurer is hereby authorized to continue to receive and deposit all funds from the federal government made available by it, either by existing law or by any law which may be passed hereafter, to the credit of the State Highway Fund, and the Treasurer shall notify the commission of the amounts so received.
All accounts against the
above-mentioned funds shall be certified to by the * * * Commissioner
of Transportation, who shall request the Department of Finance and
Administration to issue its warrant on the State Treasurer for the amount of
the accounts; and the Treasurer shall pay same if sufficient funds are
available, all in the manner prescribed herein or as may be required by law.
(6) The board of supervisors of each county is hereby authorized and empowered to pay funds into the State Treasury in the manner above set out, and to use and expend such funds for the purposes set out in this chapter. For the purpose of providing such funds, the board of supervisors is hereby authorized and empowered to use and expend any county road and bridge funds, including revenue received from any gasoline taxes paid to such county, or any funds available in the General Fund, or to issue road and bridge bonds of such county in any lawful amount in the manner and method and subject to the restrictions, limitations and conditions, and payable from the same sources of revenue, now provided by law.
SECTION 261. Section 65-26-37, Mississippi Code of 1972, is amended as follows:
65-26-37. Except as
otherwise authorized in Section 7-5-39, the Attorney General of the State of
Mississippi shall represent the Mississippi Department of Transportation * * *
in issuing, selling and
validating bonds herein provided for, and said * * * department is
hereby authorized and empowered to expend any sum not to exceed Forty Thousand
Dollars ($40,000.00) on approval by the State Bond Commission from the proceeds
derived from the sale of bonds authorized in subsections (1) and (2) of Section
65-26-15, or from other funds available to the Mississippi Department of
Transportation * * *, to pay the cost of approving attorney's fees,
validating, printing and cost of delivery of bonds authorized under this
chapter.
SECTION 262. Section 65-31-1, Mississippi Code of 1972, is amended as follows:
65-31-1. The Mississippi Department
of Transportation * * * is hereby authorized to locate, design, construct, operate, and
maintain hospitality stations on trunkline highways at or near points of entry
into this state from other states. In carrying out the provisions of this
chapter, the commission shall have authority to employ such engineers,
architects, skilled and unskilled labor as may be determined necessary by the
commission, for the preparation of plans for such hospitality stations and
their proper location, design, construction, maintenance, and operation. The * * *
department also
may employ full-time security officers, as authorized under Section 65-1-131,
and/or may contract for the employment of private security officers, as
authorized under Section 65-1-136, to patrol and protect the property of
hospitality stations and visitors, patrons and other employees of hospitality
stations.
Prior to the location of
such hospitality stations the * * * department shall afford the
opportunity for a public hearing in the county wherein such hospitality station
is to be located for the purpose of receiving testimony regarding the most
feasible and advantageous location for such hospitality station, at which
hearing all interested persons may appear and present testimony in regard
thereto. A notice of such proposed location shall be given in some newspaper
published or having general circulation in the county wherein such hospitality
station is proposed to be located. Should a public hearing be requested
thereon, notice by publication shall be given at least ten (10) days prior to
the date upon which public hearing is to be held and written notice thereof
shall likewise be given, within said time, to the governing authorities of all
municipalities within such county and the governing authority of such county.
Each hospitality station constructed under the provisions of this chapter shall be maintained and kept in a neat and attractive condition.
SECTION 263. Section 65-31-3, Mississippi Code of 1972, is amended as follows:
65-31-3. The * * * Mississippi
Department of Transportation is authorized to contract with the * * * Mississippi
Development Authority, on terms and conditions agreeable between the two
(2) state agencies, for the operation of one or more of such hospitality
stations constructed under the provisions of this chapter. The * * *
department and
the * * * authority
are further authorized to enter into agreement with an adjoining state for the
operation of a hospitality station on an interstate highway where the states'
boundary is the Mississippi River and there is no feasible location for a
hospitality station between the bank of the Mississippi River and a national
military park in the State of Mississippi, or where the states' boundary is the
Pearl River and there is no feasible location for a hospitality station between
the bank of the Pearl River and the buffer zone to a test facility operated by
the National Aeronautics and Space Administration in the State of Mississippi.
The * * * department
and the * * * authority
are authorized to pay whatever expenses may be agreed upon between the two (2)
states as to the fair share of the operating and maintenance cost of the
hospitality station operated primarily for the benefit of the state. Such
contracts and agreements shall provide for the furnishing of suitable personnel
for the operation of such stations and that such stations shall be kept
supplied with such information, pamphlets and other materials as will advertise
and publicize the history, commerce, industry, natural resources and tourist
attractions of this state. Such information, pamphlets and other materials
shall be available to the traveling public and shall be distributed by the
personnel employed to operate such stations. The agency operating such
hospitality stations shall provide for the free distribution to the traveling
public of such literature, pamphlets, refreshments and other items that may be
of interest to tourists in such manner as deemed to be in the best interest of
promoting the tourist trade in this state. Such agency may sell, or contract
for the sale of, merchandise on the premises of any hospitality station,
provided such sale or contract for sale is subject to any applicable federal
laws and Section 43-3-93. Revenue derived from such sales shall be paid into
the special revolving fund established pursuant to Section 57-1-66 and shall be
expended to promote and market Mississippi and to maintain and improve
hospitality stations.
SECTION 264. Section 65-31-5, Mississippi Code of 1972, is amended as follows:
65-31-5. Both the * * * Mississippi
Department of Transportation and the agricultural and industrial board in
exercising the powers granted in this chapter are hereby authorized to accept
private donations and public grants which may be available to them,
respectively, for the furtherance of the purposes of this chapter. In addition
thereto, either or both of such agencies may expend, for the purposes of this
chapter, any funds available to them not otherwise specifically designated for
a different public purpose. Each of such agencies shall cooperate with other
state agencies in carrying out the provisions of this chapter.
SECTION 265. Section 65-31-11, Mississippi Code of 1972, is amended as follows:
65-31-11. The Mississippi Department of Transportation * * * in its discretion, by order duly adopted and entered upon its official minutes, may authorize the Katrina Volunteers Memorial Fountain Committee, acting under board-approved sponsorship of the Diamondhead Continuing Education, Inc., and at its own expense, to design, construct and maintain at a location approved by the commission on property of the welcome center near I-10 in western Hancock County, a fountain and suitable memorial in recognition and appreciation of the thousands of volunteers who donated their time and money to assist the citizens of Mississippi in recovering from the destruction and in the rebuilding efforts following Hurricane Katrina.
SECTION 266. Section 65-33-45, Mississippi Code of 1972, is amended as follows:
65-33-45. Where any county
issues or has heretofore issued its bonds under this chapter or any previous
statutes of a similar character for protection of any highway, there shall be
paid into the treasury of such county fifty per cent (50%) of any license taxes
which would otherwise be paid into the State Highway Fund collected by the
state in such county on motor vehicles or drivers thereof, and fifty per cent
(50%) of any excise taxes levied and collected in such county by the state on
gasoline which would otherwise be paid into the State Treasury to the credit of
the State Highway Fund, to meet the interest and annual sinking fund on such
bonds. Such funds shall be applied toward the liquidation of the interest and
sinking fund accruing annually on such bonds, the other fifty per cent (50%) to
go into the state treasury to the credit of the * * * Mississippi
Department of Transportation, and, if such taxes in any year should be
insufficient to cover such interest and sinking fund, the deficiency therein
shall be supplied out of any other such funds collected by the state in such
county and allotted by law to such county for road purposes. Nothing herein
shall be construed as a guarantee on the part of the state to pay the interest
or principal on any bonds issued hereunder.
This section shall not apply to the tax collected from registration fees and the sale of automobile tags.
Of the surplus of such funds
so paid into the treasuries of Harrison and Jackson Counties, the portions
thereof hereinafter designated, to the extent necessary under the limitations
hereinafter stated, shall be paid by Harrison and Jackson Counties to the * * * Mississippi
Department of Transportation and shall be applied by * * *
the department
on the annual payments of principal of and interest on bonds to be issued by
the State Bond Commission in an amount not to exceed Seven Million Dollars
($7,000,000.00), for the construction, by the * * * Mississippi
Department of Transportation, of a four-lane highway bridge across the Bay
of Biloxi, to form a part of United States Highway No. 90, to the extent that
two-thirds (2/3) of the total cost of principal and interest on
such bonds shall be paid out of such surplus funds of Harrison County, and one-third
(1/3) out of such surplus funds of Jackson County.
For the purpose of this section, such "surplus funds of Harrison County" shall be construed to be the amount paid to Harrison County under this section not pledged to the payment of principal and interest of bonds issued under this chapter, or any previous statutes of a similar character for the protection of any highway, and presently outstanding. "Surplus funds of Jackson County" shall be construed to be the amount paid to Jackson County under this section not pledged to the payment of principal and interest of bonds issued under this chapter, or any previous statutes of a similar character for the protection of any highway, and presently outstanding, and remaining after payment of principal and interest on bonds now issued or authorized by an election by Jackson County in connection with its Bayou Casotte development project under the authority of Senate Bill No. 1265, Extraordinary Session of 1954, as amended by Senate Bill No. 1624 enacted at the Regular 1958 Session of the Mississippi Legislature.
Annually, to the extent
necessary to meet the annual requirements for the payment of principal of and
interest on said bonds, Harrison County shall pay to the * * * Mississippi
Department of Transportation not exceeding two-thirds (2/3)
of its aforesaid annual surplus, as hereinabove defined; and, to the extent
necessary and available, Jackson County shall annually pay to the * * * Mississippi
Department of Transportation from such surplus funds an amount not
exceeding one-third (1/3) of the annual requirements for bonds
issued by the State Bond Commission, and such amounts as may be necessary to
satisfy any deficiency in preceding annual payments required to be made under
the provisions hereof.
Surplus funds remaining to both Harrison and Jackson Counties, after making the payments above directed, may be pledged, used, and expended, in whole or in part, for the payment of the principal of and interest on bonds issued and to be issued under the authority of Sections 59-9-1 through 59-9-83; however, unless and until so pledged all or any part of such surplus now or hereafter accumulated may be transferred by the board of supervisors to a fund designated the county port fund and shall be subject to expenditure by the county port authority or county development commission for the purposes and objects authorized by said sections. All expenditures made by the county port authority or county development commission shall be audited by the county auditor, who shall annually report such expenditures to the board of supervisors.
SECTION 267. Section 65-33-53, Mississippi Code of 1972, is amended as follows:
65-33-53. (1) In any
county maintaining a seawall or road protection structure under the provisions
of this chapter, the board of supervisors may borrow funds not in excess of
Five Hundred Thousand Dollars ($500,000.00) in addition to the One Million Five
Hundred Thousand Dollars ($1,500,000.00) authorized under Section 65-33-51, at
the rate of interest not exceeding four percent (4%) per annum, in addition to
such sums as have heretofore been borrowed for the purpose of constructing,
repairing, strengthening, or maintaining the road protection structure or
seawall of the county, including the raising of the roadbed as recommended and
approved by the * * * Mississippi Department of
Transportation, and to
construct retaining walls for such raised roadbeds and to pump by hydraulic
fill, or otherwise, a sand beach adjacent to such retaining wall or seawall
structure. Such board of supervisors shall have the authority to acquire by
purchase or otherwise a dredge boat and to use and operate it for the purpose
of pumping a sand beach adjacent to such seawall or road protection structure
or for the maintenance thereof; however, said board of supervisors shall not
pay for same out of any funds provided under this section. The funds or amount
borrowed for the purposes provided in this section shall be repaid within a
period of fifteen (15) years from the date borrowed, and shall be paid out of
the funds collected under this chapter. All bonds, notes, or certificates of
indebtedness maturing each year and the interest thereon, however, shall be
first provided for and paid out of said funds. The loans authorized herein
shall not be subject to other limitations, restrictions, or provisions of the
general laws governing the borrowing of money, amounts of indebtedness, budget,
and election, and said loans may be made by the board of supervisors of such
county either by issuance of county bonds, notes, or certificates of
indebtedness which shall be full faith and credit obligations of the county
issuing same and shall be payable, both as to principal and interest, from the
same sources of revenue and taxes made available for the payment of road
protection bonds under the provisions of this chapter, which sources of revenue
and taxes are irrevocably pledged toward the repayment of any monies borrowed
or any bonds issued under the provisions of this section. The money herein
authorized to be borrowed by such board of supervisors may be borrowed from any
person, firm, corporation, governmental lending agency, or from any sinking
funds of such county; if the money is borrowed from any sinking fund, it
shall be repaid before the sinking fund from which it is borrowed, when
supplemented by funds paid into same, is needed. Before the board of
supervisors shall borrow money under this section, it shall spread on its
minutes an order reciting such intention and shall thereafter publish a copy of
such order in three (3) weekly issues of some newspaper having a general
circulation in the county. If, within fifteen (15) days after the first
publication of a copy of such order, fifteen percent (15%) of the qualified
electors of the county shall file with such board of supervisors a petition in
writing requesting an election on the question of borrowing money in the amount
and for the purpose as set forth in such order, then such money shall not be
borrowed unless authorized by a majority of the qualified voters of such county
voting in an election to be ordered by such board of supervisors for that
purpose. Notice of such election shall be given and such election shall be
held and conducted as provided by law in connection with elections for the
submission of bond issues in such county. If such proposition shall fail to receive
such majority vote at such election, then no further proceedings for the
borrowing of such money shall be had or taken within a period of six (6) months
from and after the date of such election. If, however, no such petition shall
be so filed, or if at such election such petition shall be assented to by a
majority vote, then such board of supervisors shall be authorized to borrow
such money in the amount and for the purpose as set forth in such order as
published. The amount authorized to be borrowed under this section may be
borrowed at any time and in any amount, but the total borrowed shall not exceed
Five Hundred Thousand Dollars ($500,000.00) in addition to such sums as may
heretofore have been borrowed for the purposes herein enumerated, or either of
them, and especially in addition to any sums that may have heretofore been
borrowed or in addition to any bonds that may have heretofore been issued under
authority of Section 65-33-51. Any attorneys' fees paid for the issuance of
said bonds shall be paid out of the general fund of said county.
(2) The board of supervisors is hereby given full power and authority to meet and do and grant any request of the United States Beach Erosion Board of the United States Army Corps of Engineers by and under Public Law 727, 79th Congress, Chapter 960, 2nd Session, and to assure either or both the following:
(a) Assure maintenance of the seawall and drainage facilities, and of the beach by artificial replenishment, during the useful life of these works, as may be required to serve their intended purpose;
(b) Provide, at the county's own expense, all necessary land, easements, and rights-of-way;
(c) To hold and save the United States free from all claims for damages that may arise either before, during, or after prosecution of the work;
(d) To prevent, by ordinance, any water pollution that would endanger the health of the bathers;
(e) To assume perpetual ownership of any beach construction and its administration for public use only, and that the board of supervisors is given full power and authority to do any and all things necessary in and about the repair and reconstruction, or construction or maintenance of the seawall and sloping beach adjacent thereto, built under the authority of this section, and it is given such power to cooperate with the requirements of the United States government to receive any grant or grants of money from Congress or to contribute any grant or grants to the United States Army Corps of Engineers in and about this construction and maintenance, and it is further given full power and authority to employ engineers, lawyers, or any other professional or technical help in and about the completion of this project. In the event the county engineer is selected to do any or all of said work, the board of supervisors is hereby authorized to pay and allow him such reasonable fees or salary which, in its opinion, is necessary, just, and commensurate to work done by him.
It is further given full power and authority to let, by competitive bids, any contract for the repair of said wall, or for the installation and drainage, and for the construction of any additional section of wall, together with any artificial beach adjacent to said wall, and for the raising of any roadbeds and the construction of any such retaining wall.
The intent and purpose of this section is to give unto the respective boards the full power and authority to carry out all the provisions herein, and to act independently, jointly, or severally with the United States government by and under Public Law 727, 79th Congress.
(3) The provisions of this section shall not apply to any county with an assessed valuation of less than Ten Million Dollars ($10,000,000.00).
SECTION 268. Section 65-39-1, Mississippi Code of 1972, is amended as follows:
65-39-1. (1) The
Mississippi Department of Transportation * * * is
authorized, subject to the availability of funds in the Gaming Counties State-Assisted
Infrastructure Fund created in Section 65-39-17, to conduct feasibility studies
and, pursuant to information gathered in such studies, select routes and
locations, perform preliminary engineering, acquire necessary right-of-way and
property, construct and/or reconstruct and improve existing or new highways,
roads, streets and bridges, including two-lane, four-lane and multilane roads
(or segments thereof), perform intersection improvements, provide signal
retiring, turnbay extensions, additional interchanges and other traffic
modifications, within and approaching those counties in this state where legal
gaming is being conducted or is authorized. Any highway, road, street or
bridge that is authorized to be constructed, reconstructed or improved shall
meet design standards established by the Mississippi Department of Transportation,
shall be constructed to bear a load limit of at least eighty thousand (80,000)
pounds and, upon completion, shall become a part of the state highway system,
and thereafter shall be under the jurisdiction of the * * * Mississippi
Department of Transportation for construction and maintenance.
(2) The projects authorized in subsection (1) of this section shall include, but shall not be limited to, highways, roads, streets and bridges on and along the following locations:
(a) U.S. Highway 90 from its intersection with Mississippi 607 in Hancock County to Ocean Springs, and including Lakeshore Road in Hancock County from its intersection with U.S. Highway 90 to Beach Boulevard;
(b) Mississippi 4 from U.S. Highway 61 to Mississippi 3;
(c) Mississippi 4 from Mississippi 3 to Senatobia;
(d) Cowan/Lorraine Road from U.S. Highway 90 to I-10;
(e) U.S. Highway 49 from U.S. Highway 90 to I-10 in Gulfport;
(f) Mississippi 304 beginning at the Tennessee state line at or near U.S. Highway 72 and thence running in a southwesterly direction to intersect with U.S. Highway 78 at or near Byhalia and thence running in a westerly direction to intersect I-55 at or near Hernando and thence running in a westerly direction to intersect with U.S. Highway 61 in DeSoto County, with a spur extending southwesterly to or near Robinsonville in Tunica County;
(g) I-10 from Exit 28 to Exit 57;
(h) A new location from the northernmost point on I-110 to U.S. Highway 49;
(i) U.S. Highway 61 from the Tunica county line to the Tennessee state line;
(j) (i) Four-lanes for traffic along Mississippi 16 beginning at its intersection with Mississippi 25 and extending easterly to join the existing four-lane on the west side of Carthage within the corporate boundaries;
(ii) Passing lanes and turn lanes, as needed, along Mississippi 16 beginning at a point on the east side of Carthage within the corporate boundaries where the existing
four-lane ends and extending easterly to the Leake/Neshoba county line; and
(iii) Four-lanes for traffic along Mississippi 16 beginning at the Leake/Neshoba county line and extending easterly to not more than ten (10) miles east of Mississippi 15;
(k) Cowan/Lorraine Road Extension from I-10 north to relocated/reconstructed Mississippi 67;
(l) At various locations on and along U.S. Highway 82 and Mississippi 1 in the City of Greenville;
(m) At various locations on and along I-20, U.S. Highway 61 and U.S. Highway 80 in the City of Vicksburg, including a truck route from Harbor Industrial Park to U.S. Highway 61 north and an extension of South Frontage Road with railroad bridge to I-20;
(n) At various locations on and along U.S. Highway 61, U.S. Highway 65, Washington, Homochitto, Martin Luther King, Jr., St. Catherine and East Franklin Streets in the City of Natchez;
(o) At various locations on and along U.S. Highway 90 in the City of Pass Christian;
(p) Mississippi 43/603 beginning where the existing four-lane ends north of I-10 and extending northerly to a point approximately one (1) mile north of Kiln where Mississippi 43/603 divides into Mississippi 43 and Mississippi 603;
(q) Mississippi 43 beginning where Mississippi 43 and Mississippi 603 divide and extending northwesterly to or near
Picayune;
(r) U.S. Highway 49 from U.S. Highway 61 west to the Mississippi River bridge;
(s) Subject to the conditions prescribed in subsection (3) of this section, a central Harrison County connector from I-10 to U.S. Highway 90 in the vicinity of Canal Road to the Mississippi State Port at Gulfport;
(t) An east Harrison County connector from U.S. Highway 90 to I-10 to be located between the Cowan/Lorraine Road interchange and the I-110 interchange;
(u) At various
locations on, along and approaching U.S. Highway 90 in Harrison, Hancock and
Jackson Counties, which the Mississippi Department of Transportation * * *
determines will
alleviate traffic congestion in Harrison, Hancock and Jackson Counties; and
(v) At various locations in the City of Natchez on, along and approaching U.S. Highway 61 (St. Catherine Street and Franklin Street), and including Mississippi Highway 555 beginning at Franklin Street and extending northerly and easterly to the Natchez Trace.
(3) Authorization for the
project described in paragraph (2)(s) of this section is conditioned upon
receipt by the Mississippi Department of Transportation * * *
of a written commitment
by the Mississippi Development Authority to make available for such project not
less than Six Million Dollars ($6,000,000.00).
(4) If a project authorized in this section is also included in the four-lane highway program under Section 65-3-97(3), then all contracts necessary to be let for the completion of the project under this section shall be let not later than the priorities established for the letting of contracts for the project under Section 65-3-97(3). Prioritization of construction for all other projects authorized in this section shall be conducted as provided for in Section 65-3-97(4).
(5) (a) Funds for the projects authorized under this section may be provided through the issuance of bonds under Sections 65-39-5 through 65-39-33, through the issuance of notes for such purposes under Section 31-17-127 or from such monies as may be available in the Gaming Counties State-Assisted Infrastructure Fund created under Section 65-39-17.
(b) In addition to the funds provided for under paragraph (a) of this subsection, funds for the project described in subsection (2)(s) of this section also may be provided from any available federal, state, county or municipal funds authorized for such project, including the Economic Development Highway Act.
SECTION 269. Section 65-39-3, Mississippi Code of 1972, is amended as follows:
65-39-3. There is created
in the State Treasury a special fund to be designated as the "Gaming
Counties Bond Sinking Fund." Such monies as the Legislature directs or
provides to be deposited into the fund may be expended, upon legislative
appropriation, to pay the interest on and principal of bonds issued pursuant to
Sections 65-39-5 through 65-39-33 or to pay the interest on and principal of
notes issued under Section 31-17-127 for the purpose of providing funds for
infrastructure projects under Section 65-39-1; provided, however, that if at
any time the fund has a balance in excess of the amount needed to pay the
interest on or the principal of any bonds or notes maturing in the next two (2)
consecutive fiscal years, such excess may be transferred to the "Gaming
Counties State Assisted Infrastructure Fund" to be disbursed solely upon
the order of the Mississippi Department of Transportation * * *. Unexpended amounts remaining in
the sinking fund at the end of the fiscal year shall not lapse into the State
General Fund, and any interest earned on amounts in the sinking fund shall be
deposited to the credit of the sinking fund.
SECTION 270. Section 65-39-5, Mississippi Code of 1972, is amended as follows:
65-39-5. (1) The Mississippi
Department of Transportation * * *, at one time or from time to time,
may declare by resolution the necessity for the issuance of general obligation
bonds of the State of Mississippi to provide funds for all costs incurred or to
be incurred by the * * * Mississippi Department of Transportation in
constructing and reconstructing highways and performing the projects authorized
under Section 65-39-1.
(2) The amount of bonds issued under Sections 65-39-5 through 65-39-33 shall not exceed Three Hundred Twenty-five Million Dollars ($325,000,000.00).
(3) Upon the adoption of a
resolution by the Mississippi Department of Transportation * * *
declaring the necessity
for the issuance of any part or all of the general obligation bonds authorized
by this section, the * * * department shall deliver a certified copy of its
resolution or resolutions to the State Bond Commission. Upon receipt of any
such resolution, the State Bond Commission, in its discretion, may act as the
issuing agent, prescribe the form of the bonds, advertise for and accept bids,
issue and sell the bonds so authorized to be sold, and do any and all other
things necessary and advisable in connection with the issuance and sale of such
bonds.
SECTION 271. Section 65-39-17, Mississippi Code of 1972, is amended as follows:
65-39-17. (1) The proceeds of the bonds issued under Section 65-39-5 and the proceeds of notes issued under Section 31-17-127 for the purpose of providing funds for infrastructure projects under Section 65-39-1 shall be deposited in a special fund that is created in the State Treasury to be known as the "Gaming Counties State Assisted Infrastructure Fund."
(2) Unexpended amounts remaining in the special fund created in subsection (1) of this section at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in such special fund shall be deposited to the credit of the special fund.
(3) Upon the issuance and
sale of bonds under the provisions of Sections 65-39-5 through 65-39-33 or
notes under Section 31-17-127 for the purpose of providing funds for
infrastructure projects under Section 65-39-1, the State Bond Commission shall
transfer the proceeds of any such sale or sales to the special fund created in
subsection (1) of this section. The proceeds of such bonds or notes shall be
disbursed solely upon the order of the Mississippi Department of
Transportation * * *, and shall be issued under such restrictions, if any, as
may be contained in the resolution providing for the issuance of the bonds or
notes.
SECTION 272. Section 65-39-37, Mississippi Code of 1972, is amended as follows:
65-39-37. The
Mississippi Department of Transportation * * * may provide the twenty percent (20%)
state matching share and federal nonparticipating costs for Special Category
Projects as provided for in Public Law 102-240 (the Intermodal Surface
Transportation Efficiency Act of 1991). In addition to any other authorized
use, such funds may be expended for Special Category Projects within Public Law
102-240 as set forth in Section 1103 "High Cost Bridge Projects,"
Section 1104 "Congestion Relief Projects," Section 1105 "High
Priority Corridors on National Highway System," Section 1106 "Rural
and Urban Access Projects," Section 1107 "Innovative Projects,"
and Section 1108 "Priority Intermodal Projects." The department shall
use funds obtained pursuant to this section for the specific purpose of
facilitating the use of additional eighty percent (80%) federal funds provided
to the Mississippi Department of Transportation from the Congress of the United
States throughout each of the five (5) Congressional Districts of the State of
Mississippi. The department also shall utilize any funds obtained pursuant to
this section to provide the state matching share and nonparticipating share for
preliminary engineering and right-of-way acquisition work for all projects so
authorized and shall provide the state share and nonparticipating portion for
all projects for which the federal share of the construction is provided
through funds not within the normal annual apportionment of the Highway Trust
Fund to the State of Mississippi.
SECTION 273. Section 65-41-5, Mississippi Code of 1972, is amended as follows:
65-41-5. The Mississippi
Department of Transportation * * * may administer a Mississippi Scenic Byways Program.
Under the program, the department, with assistance from the Scenic Byways
Advisory Committee created under Section 65-41-7, shall develop, adopt and
implement a scenic byways corridor management plan for the state. The plan
shall be consistent with the provisions of this chapter and with guidelines
established by federal law, and shall specify actions, procedures, controls,
operational practices and administrative strategies necessary to govern the
selection, nomination and declaration of scenic byways and to ensure that
highways, roads, streets and corridors designated as scenic byways are properly
managed and that their intrinsic qualities are maintained.
SECTION 274. Section 65-41-7, Mississippi Code of 1972, is amended as follows:
65-41-7. (1) There is created a Scenic Byways Advisory Committee to assist the department in the development and administration of the Mississippi Scenic Byways Program, the adoption of a corridor management plan, the review of scenic byway applications and the selection and nomination of highways, roads and streets as scenic byways. The committee shall consist of:
(a) Two (2) members from each of the following entities, with one (1) member from each entity being the executive director of that entity, or his or her designee, and the other member being a member of that entity selected by its executive director:
(i) The Mississippi Department of Transportation;
(ii) The Mississippi Development Authority, Division of Tourism Development;
(iii) The Keep Mississippi Beautiful/People Against Litter Association;
(iv) The Mississippi Association of Supervisors;
(v) The Mississippi Outdoor Advertising Association;
(vi) The Mississippi Retail Association;
(vii) The Mississippi Tourism Association; and
(viii) The Mississippi Municipal League; and
(b) Three (3) members
to be selected by the Mississippi Department of Transportation * * *.
(2) The corridor management plan adopted by the committee shall use best management practices to maintain the intrinsic qualities of highways, roads and streets designated as scenic byways while ensuring the rights of landowners, including riparian owners, to continue existing agriculture, forestry, water supply, recreational, residential, commercial and industrial uses, and any other uses of land and water, identified in the plan. The department may enter into agreements for the mutual management of scenic byways with counties, municipalities and other political subdivisions of the state, state and federal agencies and private landowners or businesses. The plan shall ensure that landowners have input into management practices of any land or water that is designated as a scenic byway or that is included within a scenic byway corridor. Land placed in the program shall not be obtained by eminent domain. A landowner's decision to participate in the program shall be entirely voluntary and a participating landowner may terminate his participation at any time without liability, criminally or civilly, for his subsequent failure to participate. Counties, municipalities and other political subdivisions of the state may participate in the program as landowners in the same manner as private landowners. For the purposes of carrying out the intent of this chapter, counties, municipalities and other political subdivisions of the state, in addition to and supplemental to any other powers authorized by law for the acquisition of real property, may acquire by donation or purchase, but not by eminent domain, interests in real property.
(3) The plan adopted under this chapter shall be in compliance with all applicable Federal Highway Administration rules, regulations and policies regarding outdoor advertising on or along a highway, road or street designated as a scenic byway. Nothing in this chapter shall be interpreted as amending or limiting any county or municipal zoning or land use ordinance unless the county or municipality has authorized the amendment according to the procedure provided for in its ordinance.
(4) A corridor management plan may not become effective until a draft of the plan has been submitted for review and recommendation to the Transportation Committee of the House of Representatives and the Highways and Transportation Committee of the Senate.
SECTION 275. Section 65-43-1, Mississippi Code of 1972, is amended as follows:
65-43-1. The Mississippi Department of Transportation * * * county boards of supervisors and/or the governing authorities of municipalities (hereinafter referred to as governmental entities), in their discretion, may construct, operate and maintain, individually or jointly with other governmental entities, one or more new toll roads or toll bridges in the state for motor vehicle traffic, including toll booths and related facilities, at those locations where an alternate untolled route exists. All such highways, pavement, bridges, drainage-related structures and other infrastructure comprising the projects shall be built and maintained in accordance with not less than the minimum highway design, construction and maintenance standards established by the contracting governmental entity for such highways, infrastructure and facilities.
SECTION 276. Section 65-43-3, Mississippi Code of 1972, is amended as follows:
65-43-3. (1) (a) In addition to and as an alternative to any other authority granted by law, including, but not limited to, Section 65-43-1, any governmental entities, as defined in Section 65-43-1, in their discretion, may contract, individually or jointly with other governmental entities, with any persons, corporations, partnerships or other businesses licensed to do business in the State of Mississippi (hereinafter referred to as "companies" or "company") for the purpose of designing, financing, constructing, operating and maintaining one or more new toll roads or toll bridges in the state for motor vehicle traffic, including tollbooths and related facilities, at those locations where an alternate untolled route exists. Such contracts may provide that the governmental entities may grant certain rights (including, but not limited to, the right to exclusively operate and maintain) in land held by the governmental entities, whether in fee simple, as an easement or other interest, to a company for design, construction, operation and/or maintenance of roadways, highways or bridges for motor vehicle traffic, tollbooths and related facilities. All such highways, pavement, bridges, drainage-related structures and other infrastructure comprising the projects shall be built and maintained in accordance with not less than the minimum highway design, construction and maintenance standards established by the contracting governmental entity for such highways, infrastructure and facilities. The contracting governmental entity shall conduct periodic inspections of any such project throughout the term of the contract to ensure compliance by the company. Failure of a company to comply with minimum standards established for the project by the contracting governmental entity shall constitute a breach and shall subject the company to liability on its bond or security or to rescission of the contract in accordance with the terms and provisions of the contract.
(b) A governmental entity may not enter into a contract under this section with (i) any company designated as a foreign terrorist organization pursuant to Presidential Executive Order 13224 or Section 302 of the federal Antiterrorism or Effective Death Penalty Act of 1996, (ii) any company under the control of a so-designated foreign terrorist organization, or (iii) any company controlled by a foreign person if to do so would violate any order of the Committee on Foreign Investment in the United States under the Foreign Investment and National Security Act of 2007, H.R. 566, 110th Cong. (2007), Public Law 110-49, 121 Stat. 246. These requirements also shall apply to any proposed transfer or assignment of any contract entered into under this section.
(2) (a) Every contract entered into by a governmental entity under this section (except for contracts entered into with another governmental entity or following termination of a predecessor contract entered into under this section), at a minimum, must provide for the design and construction of a new toll road or toll bridge project and may also provide for the financing, acquisition, lease, maintenance, and/or operation of a new toll road or toll bridge project.
(b) If a governmental entity enters into a contract with a company as authorized by this section, such governmental entity shall use a competitive procurement process that provides the best value for the governmental entity. The governmental entity may accept unsolicited proposals for a proposed new toll road or solicit proposals in accordance with this section.
(c) A governmental
entity shall publish a request for competing proposals and qualifications in a
newspaper having a general circulation within such governmental entity or, if
the governmental entity is the Mississippi Department of Transportation * * *,
shall publish the request in a newspaper having a general circulation at the
seat of government and, if the governmental entity has a website, shall post
the request on such website. Such request shall include the criteria used to
evaluate the proposals, the relative weight given to the criteria and a
deadline by which proposals must be received. At a minimum, a proposal
submitted in response to such request must contain:
(i) Information regarding the proposed project location, scope and limits;
(ii) Information regarding the company's qualifications, experience, technical competence, and capability to develop the project; and
(iii) A proposed financial plan for the proposed project that includes, at a minimum, the projected project costs, projected revenues and proposed sources of funds.
A governmental entity may interview a company submitting a solicited or unsolicited proposal. In evaluating such proposals, a governmental entity may solicit input from other sources regarding such proposals.
(d) The governmental entity shall rank each proposal based on the criteria described in the request for proposals and select the company whose proposal offers the best value to the governmental entity. The governmental entity may enter into discussions with the company whose proposal offers the best value. If at any point during the discussions it appears to the governmental entity that the highest ranking proposal will not provide the governmental entity with the overall best value, the governmental entity may enter into discussions with the company submitting the next highest ranking proposal.
(e) The governmental entity may withdraw a request for competing proposals and qualifications at any time and for any reason and may reject any one (1) or all proposals. In either case, the governmental entity may then publish a new request for competing proposals and qualifications. A governmental entity shall not be required to pay any company for the costs of preparing or submitting proposals.
(f) The governmental entity shall prescribe the general form of a contract authorized by this section and may include any matter the governmental entity considers advantageous to it. The governmental entity and the company shall negotiate the specific terms of the contract.
(g) Except as provided under this subsection (2), no such contract entered into hereunder shall be subject to the provisions of Section 65-1-8, Section 31-7-13 or any other public bid or public procurement laws of this state.
(h) The
Mississippi Department of Transportation * * *
shall evaluate each proposal based on the criteria established by the * * *
department. The * * *
department
shall approve or disapprove a proposal within ninety (90) days after receipt of
the proposal. If the * * * department needs additional information, it may
delay approval for an additional sixty (60) days.
(i) Any right or interest arising under or as a result of any contract entered into under this section by a governmental entity with a company involving a franchise, license agreement, concession agreement, operating agreement, construction agreement, design agreement and/or any other similar contractual arrangement in connection with the financing, design, construction, acquisition, maintenance and/or operation of a toll road or toll bridge project shall not constitute any right, title or interest in land or other real property or real estate or in personal property within the meaning of Article 1, Chapter 35, Title 27, Mississippi Code of 1972, in the toll road or toll bridge project, including tollbooths and related toll facilities (including, but not limited to, land, pavement, drainage-related structures, and other infrastructure and property related thereto) in which a governmental entity is the title owner of such property and/or holder of easements, rights-of-way and/or other interests for such toll road or toll bridge project.
(3) Every contract entered into by a governmental entity under this section shall require a company to enter into bond and provide such security as the governmental entity determines may be necessary or advisable to ensure timely completion and proper execution and performance of the contract. The term of the contract shall not exceed fifty (50) years and shall not be extended or renewed. The governmental entities are authorized to acquire such property or interests in property as may be necessary, by gift, purchase or eminent domain, for construction and maintenance of the highways or bridges built pursuant to contracts entered into under this section. Upon expiration, termination or rescission of the contract, any and all rights and/or interests that the company may have in the land, infrastructure, facilities or other improvements to the property subject to contract shall terminate and automatically, by operation of law, be returned or conveyed to and vested in the State of Mississippi or the contracting governmental entity. Upon termination, expiration or rescission of the contract, the collection of tolls shall cease.
(4) The governmental entity
having jurisdiction over the toll highway or bridge may, after notice and
public hearing, establish, charge and collect motor vehicle operator tolls for
use of the highway or bridge and its facilities. Alternatively, during the
term of any contract entered into under this section, the company may
establish, charge and collect motor vehicle operators tolls for use of the
highway or bridge and its facilities. The amount of such tolls, and any
modification thereto, shall be subject to approval by the contracting
governmental entity after notice and public hearing. All such contracts
entered into with the Mississippi Department of Transportation * * *
may require a company
to pay a percentage or other specified portion of all tolls collected to the
Mississippi Department of Transportation. If bonds are issued pursuant to
Section 65-43-13, then all such tolls paid to the department shall be deposited
into the special bond sinking fund under Section 65-43-11, and may be expended
only as authorized by the Legislature. If bonds are not issued pursuant to
Section 65-43-13, then all such tolls paid to the department shall be deposited
into the department's highway fund to be used by the department for the
construction and maintenance of highways.
(5) If a toll road is a designated evacuation route and a declaration of a state of emergency is issued by the President of the United States or by the Governor, the collection of tolls shall cease until the termination of the state of emergency.
(6) All statutes of this state relating to vehicle and traffic regulation and control shall be applicable to motor vehicles operated upon highways and bridges constructed under this section and shall be enforceable by the Mississippi Department of Public Safety, the Mississippi Highway Safety Patrol or any other law enforcement agency having jurisdiction over such highways and bridges.
(7) The State of
Mississippi, * * * the Mississippi Department of
Transportation, counties, municipalities or any other agency or political
subdivision, or any officer or employee thereof, shall not be liable for any
tortious act or omission arising out of the construction, maintenance or
operation of any highway or bridge project under the provisions of this section
where the act or omission occurs during the term of any such contract entered
into by the Mississippi Department of Transportation * * *
or other governmental
entity and a company.
SECTION 277. Section 65-43-4, Mississippi Code of 1972, is amended as follows:
65-43-4. On or before
January 10 of each year the Mississippi Department of Transportation * * *
shall submit a detailed
report to the Chairman of the Senate Highways and Transportation Committee and
the Chairman of the House Transportation Committee describing and evaluating
the financial and operational performance by a company with which the * * *
department has
contracted under Chapter 44, Laws of First Extraordinary Session of 2008, of
the company's duties and responsibilities regarding the construction, operation
and maintenance of a toll road or toll bridge project.
SECTION 278. Section 65-43-5, Mississippi Code of 1972, is amended as follows:
65-43-5. The powers
conferred by Sections 65-43-1 and 65-43-3 shall be in addition to the powers
conferred by any other law, general, special or local. Sections 65-43-1 and 65-43-3
shall be construed as an additional and alternative method of funding all or
any portion of the purchasing, building, improving, owning or operating of
roadways, highways or bridges under the jurisdiction of the Mississippi Department
of Transportation * * *,
county boards of supervisors or municipal governing authorities, any provision
of the laws of the state or any charter of any municipality to the contrary
notwithstanding.
SECTION 279. Section 65-43-9, Mississippi Code of 1972, is amended as follows:
65-43-9. (1) (a) A special fund, to be designated as the "Toll Road Revenue Bond Fund," is created within the State Treasury. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited into such fund.
(b) Monies deposited
into the fund shall be disbursed, in the discretion of the Mississippi Department
of Transportation * * *,
to pay the costs incurred in defraying the expenses of projects authorized
pursuant to Sections 65-43-1 and 65-43-3.
(2) Amounts deposited into
such special fund shall be disbursed to pay the expenses described in
subsection (1) of this section. If any monies in the special fund are not used
within six (6) years after the date the proceeds of the bonds authorized under
this section and Sections 6 through 20 of Chapter 582, Laws of 2007, are
deposited into such fund, then the Mississippi Department of
Transportation * * * shall provide an accounting of such unused monies to the State Bond
Commission. Promptly after the State Bond Commission has certified, by
resolution duly adopted, that the projects for which the revenue bonds have
been issued shall have been completed, abandoned or cannot be completed in a timely
fashion, any amounts remaining in such special fund shall be applied to pay
debt service on the bonds issued under this section and Sections 6 through 20
of Chapter 582, Laws of 2007, in accordance with the proceedings authorizing
the issuance of such bonds and as directed by the State Bond Commission.
SECTION 280. Section 65-43-13, Mississippi Code of 1972, is amended as follows:
65-43-13. (1) The State
Bond Commission, at one time or from time to time, may declare by resolution
the necessity for issuance of revenue bonds of the State of Mississippi for the
purpose of providing funds to defray the expenses of projects authorized
pursuant to Sections 65-43-1 and 65-43-3. Upon the adoption of a resolution by
the Mississippi Department of Transportation * * *, declaring the necessity for the
issuance of the revenue bonds authorized by this section, the Mississippi Department
of Transportation * * * shall deliver a certified copy of its resolution or resolutions to
the State Bond Commission. Upon receipt of such resolution, the State Bond
Commission, in its discretion, may act as the issuing agent, prescribe the form
of the bonds, advertise for and accept bids, issue and sell, at public or
private sale, the bonds so authorized to be sold and do any and all other
things necessary and advisable in connection with the issuance and sale of such
bonds. Revenue bonds issued under this section shall be in such principal
amounts as the Mississippi Department of Transportation * * *
may determine to be
necessary to provide sufficient funds to defray the expenses of projects
authorized pursuant to Sections 65-43-1 and 65-43-3.
(2) Any investment earnings on amounts deposited into the special fund created in Section 65-43-9 shall be used to pay debt service on bonds issued under Sections 65-43-9 through 65-43-39, in accordance with the proceedings authorizing issuance of such bonds.
SECTION 281. Section 65-43-25, Mississippi Code of 1972, is amended as follows:
65-43-25. Upon the issuance
and sale of bonds under the provisions of Sections 65-43-9 through 65-43-39,
the State Bond Commission shall transfer the proceeds of any such sale or sales
to a special fund created in Section 65-43-9. The proceeds of such bonds shall
be disbursed solely upon the order of the Mississippi Department of
Transportation * * * under such restrictions, if any, as may be contained in the
resolution providing for the issuance of the bonds.
SECTION 282. Section 69-7-103, Mississippi Code of 1972, is amended 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 of the former highway commissioner's district as such districts existed on December 31, 2017, 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 283. Section 69-13-205, Mississippi Code of 1972, is amended as follows:
69-13-205. The respective boards of supervisors of the several counties of the state, in their discretion, are authorized and directed to erect, construct and maintain suitable fences and cattlegaps along the right-of-ways of United States highways and state designated highways to prevent livestock from running at large as provided hereinafter. However, nothing in this article shall apply in any county coming under the state stock law.
The board of supervisors in
any county having voted to come within the provisions of the statewide stock
law, may maintain any fence or fences constructed under the authority of this
article from any funds not public funds, donated by any person, firm or
corporation for said purposes and further, may receive and accept funds from
the * * * Mississippi Department of Transportation
for the relocation of said fence or fences required by said * * *
department. In
its discretion and in the alternative, said board may authorize any person,
firm or corporation to maintain said fence or fences.
SECTION 284. Section 71-3-5, Mississippi Code of 1972, is amended as follows:
71-3-5. The following shall constitute employers subject to the provisions of this chapter:
Every person, firm and private corporation, including any public service corporation but excluding, however, all nonprofit charitable, fraternal, cultural, or religious corporations or associations, that have in service five (5) or more workmen or operatives regularly in the same business or in or about the same establishment under any contract of hire, express or implied.
Any state agency, state institution, state department, or subdivision thereof, including counties, municipalities and school districts, or the singular thereof, not heretofore included under the Workers' Compensation Law, may elect, by proper action of its officers or department head, to come within its provisions and, in such case, shall notify the commission of such action by filing notice of compensation insurance with the commission. Payment for compensation insurance policies so taken may be made from any appropriation or funds available to such agency, department or subdivision thereof, or from the general fund of any county or municipality.
From and after July 1, 1990, all offices, departments, agencies, bureaus, commissions, boards, institutions, hospitals, colleges, universities, airport authorities or other instrumentalities of the "state" as such term is defined in Section 11-46-1, Mississippi Code of 1972, shall come under the provisions of the Workers' Compensation Law. Payment for compensation insurance policies so taken may be made from any appropriation or funds available to such office, department, agency, bureau, commission, board, institution, hospital, college, university, airport authority or other instrumentality of the state.
From and after October 1, 1990, counties and municipalities shall come under the provisions of the Workers' Compensation Law. Payment for compensation insurance policies so taken may be made from any funds available to such counties and municipalities.
From and after October 1, 1993, all "political subdivisions," as such term is defined in Section 11-46-1, Mississippi Code of 1972, except counties and municipalities shall come under the provisions of the Workers' Compensation Law. Payment for compensation insurance policies so taken may be made from any funds available to such political subdivisions.
From and after July 1, 1988, the "state" as such term is defined in Section 11-46-1, Mississippi Code of 1972, may elect to become a self-insurer under the provisions elsewhere set out by law, by notifying the commission of its intent to become a self-insurer. The cost of being such a self-insurer, as provided otherwise by law, may be paid from funds available to the offices, departments, agencies, bureaus, commissions, boards, institutions, hospitals, colleges, universities, airport authorities or other instrumentalities of the state.
The Mississippi Department
of Transportation * * *, the Department of Public Safety and the Mississippi
Industries for the Blind may elect to become self-insurers under the provisions
elsewhere set out by law by notifying the commission of their intention of
becoming such a self-insurer. The cost of being such a self-insurer, as
provided elsewhere by law, may be paid from funds available to the Mississippi Department
of Transportation * * *,
the Department of Public Safety or the Mississippi Industries for the Blind.
The Mississippi State Senate and the Mississippi House of Representatives may elect to become self-insurers under provisions elsewhere set out by law by notifying the commission of their intention of becoming such self-insurers. The cost of being such self-insurers, as provided elsewhere by law, may be paid from funds available to the Mississippi State Senate and the Mississippi House of Representatives. The Mississippi State Senate and the Mississippi House of Representatives are authorized and empowered to provide workers' compensation benefits for employees after January 1, 1970.
Any municipality of the State of Mississippi having forty thousand (40,000) population or more desiring to do so may elect to become a self-insurer under provisions elsewhere set out by law by notifying the commission of its intention of becoming such an insurer. The cost of being such a self-insurer, as provided elsewhere by law, may be provided from any funds available to such municipality.
The commission may, under such rules and regulations as it prescribes, permit two (2) or more "political subdivisions," as such term is defined in Section 11-46-1, Mississippi Code of 1972, to pool their liabilities to participate in a group workers' compensation self-insurance program. The governing authorities of any political subdivision may authorize the organization and operation of, or the participation in such a group self-insurance program with other political subdivisions, provided such program is approved by the commission. The cost of participating in a group self-insurance program may be provided from any funds available to a political subdivision.
Domestic servants, farmers and farm labor are not included under the provisions of this chapter, but this exemption does not apply to the processing of agricultural products when carried on commercially. Any purchaser of timber products shall not be liable for workers' compensation for any person who harvests and delivers timber to such purchaser if such purchaser is not liable for unemployment tax on the person harvesting and delivering the timber as provided by United States Code Annotated, Title 26, Section 3306, as amended. Provided, however, nothing in this section shall be construed to exempt an employer who would otherwise be covered under this section from providing workers' compensation coverage on those employees for whom he is liable for unemployment tax.
Employers exempted by this section may assume, with respect to any employee or classification of employees, the liability for compensation imposed upon employers by this chapter with respect to employees within the coverage of this chapter. The purchase and acceptance by such employer of valid workers' compensation insurance applicable to such employee or classification of employees shall constitute, as to such employer, an assumption by him of such liability under this chapter without any further act on his part notwithstanding any other provisions of this chapter, but only with respect to such employee or such classification of employees as are within the coverage of the state fund. Such assumption of liability shall take effect and continue from the effective date of such workers' compensation insurance and as long only as such coverage shall remain in force, in which case the employer shall be subject with respect to such employee or classification of employees to no other liability than the compensation as provided for in this chapter.
An owner/operator, and his drivers, must provide a certificate of insurance of workers' compensation coverage to the motor carrier or proof of coverage under a self-insured plan or an occupational accident policy. Any such occupational accident policy shall provide a minimum of One Million Dollars ($1,000,000.00) of coverage. Should the owner/operator fail to provide written proof of coverage to the motor carrier, then the owner/operator, and his drivers, shall be covered under the motor carrier's workers' compensation insurance program and the motor carrier is authorized to collect payment of the premium from the owner/operator. In the event that coverage is obtained by the owner/operator under a workers' compensation policy or through a self-insured or occupational accident policy, then the owner/operator, and his drivers, shall not be entitled to benefits under the motor carrier's workers' compensation insurance program unless the owner/operator has elected in writing to be covered under the carrier's workers' compensation program or policy or if the owner/operator is covered by the carrier's plan because he failed to obtain coverage. Coverage under the motor carrier's workers' compensation insurance program does not terminate the independent contractor status of the owner/operator under the written contract or lease agreement. Nothing shall prohibit or prevent an owner/operator from having or securing an occupational accident policy in addition to any workers' compensation coverage authorized by this section. Other than the amendments to this section by Chapter 523, Laws of 2006, the provisions of this section shall not be construed to have any effect on any other provision of law, judicial decision or any applicable common law.
This chapter shall not apply to transportation and maritime employments for which a rule of liability is provided by the laws of the United States.
This chapter shall not be applicable to a mere direct buyer-seller or vendor-vendee relationship where there is no employer-employee relationship as defined by Section 7l-3-3, and any insurance carrier is hereby prohibited from charging a premium for any person who is a seller or vendor rather than an employee.
Any employer may elect, by proper and written action of its own governing authority, to be exempt from the provisions of the Workers' Compensation Law as to its sole proprietor, its partner in a partnership or to its employee who is the owner of fifteen percent (15%) or more of its stock in a corporation, if such sole proprietor, partner or employee also voluntarily agrees thereto in writing. Any sole proprietor, partner or employee owning fifteen percent (15%) or more of the stock of his/her corporate employer who becomes exempt from coverage under the Workers' Compensation Law shall be excluded from the total number of workers or operatives toward reaching the mandatory coverage threshold level of five (5).
SECTION 285. Section 71-3-38, Mississippi Code of 1972, is amended as follows:
71-3-38. While acting as a
self-insurer as authorized by Section 71-3-5, the * * * Mississippi
Department of Transportation is authorized and empowered to establish and
maintain, from funds made available upon requisition from the State Treasury, a
special workmen's compensation account, and to deposit such funds therein, and
to pay therefrom the workmen's compensation benefits as authorized by Section
71-3-37, and to pay such awards as may be entered and such other costs,
expenses and benefits as may be incidental to the settlement of such workmen's
compensation claims. Disbursement from such special account shall be by check
properly drawn against such account and signed by such personnel as may be duly
authorized by the * * * Mississippi Department of Transportation.
Payment from the special account shall be deemed payments of and from the State
of Mississippi.
SECTION 286. Section 77-7-13, Mississippi Code of 1972, is amended as follows:
77-7-13. (1) It shall be the duty of the commission and the commission shall have the power:
(a) To regulate common carriers by motor vehicle and contract carriers by motor vehicle not exempted in this chapter, doing business in this state, and to that end, the commission may establish reasonable requirements with respect to continuous and adequate service, transportation of baggage and express, uniform system of accounts, records and reports, preservation of records, and safety of operation and equipment, including maximum hours of service of employees.
(b) For the purpose of
carrying out the provisions of this chapter, to avail itself of the special
information of the Mississippi Department of Transportation * * *
in promulgating safety
requirements and in considering applications for certificates or permits with
particular reference to conditions of the public highway or highways involved,
and the ability of the said public highway or highways to carry added traffic;
the Mississippi Department of Transportation * * * upon request of the commission shall
furnish such information.
(c) To administer, execute and enforce all other provisions of this chapter, to make necessary orders in connection therewith, and to prescribe rules, regulations and procedure for such administration.
(d) To inquire into the organization of motor carriers, and into the management of their businesses, to keep itself informed as to the manner and method in which the same is conducted, and to transmit to the Legislature, from time to time, such recommendations as to additional legislation relating to such carriers as the commission may deem necessary.
(2) The commission may from time to time establish such just and reasonable classifications of groups of carriers included in the terms "common carrier by motor vehicle" and "contract carrier by motor vehicle," as the special nature of the services performed by such carriers shall require, and the commission may from time to time establish such just and reasonable rules, regulations and requirements, consistent with the provisions of this chapter, to be observed by the carriers so classified or grouped, as the commission deems necessary or desirable in the public interest.
(3) The commission may from time to time enter into joint and cooperative agreements with other governmental agencies in regard to safety, forms, operating procedures and regulatory jurisdiction.
(4) The rules, regulations, requirements and classifications adopted in pursuance to the power and duty of the commission by this section granted and imposed shall conform as nearly as practicable to the rules, regulations, requirements and classifications promulgated by the Interstate Commerce Commission, the United States Department of Transportation, or any other appropriate governmental agency.
(5) The commission shall not have the duty nor the power to regulate the rates of common carriers by motor vehicle which undertake, whether directly or by a lease or any other arrangement, to transport household goods.
(6) The commission shall not have the duty nor the power to regulate the rates of contract carriers by motor vehicle, who or which, under special and individual contract or agreements, and whether directly or by a lease or any other arrangement, transport household goods.
SECTION 287. Section 77-7-16, Mississippi Code of 1972, is amended as follows:
77-7-16. (1) Supervision
and inspection of the safe operation and the safe use of equipment of motor
vehicles operating in the state shall be a specified duty of the Mississippi Department
of Transportation * * * and the Motor Carrier Division of the Mississippi Highway Safety
Patrol within the Mississippi Department of Public Safety. In accordance
therewith, the Mississippi Department of Transportation * * *
shall promulgate as its
own the rules, regulations, requirements and classifications of the United
States Department of Transportation or any successor federal agency thereof
charged with the regulation of motor vehicle safety and, along with the Motor
Carrier Division of the Mississippi Highway Safety Patrol, shall enforce such
rules, regulations, requirements and classifications. The Department of Public
Safety shall provide training to its law enforcement officers and to law enforcement
officers of the Mississippi Department of Transportation charged with the duty
of enforcing the Mississippi Motor Carrier Regulatory Law of 1938 to the extent
that funds are made available and training is approved under the Motor Carrier
Safety Assistance Program of the Federal Motor Carrier Safety Administration.
The Mississippi Department of Transportation * * * shall establish a system of
reciprocity with other states to facilitate the inspection of motor vehicles
provided for in this subsection.
(2) The Mississippi Department
of Transportation * * * and the Motor Carrier Division of the Mississippi Highway Safety
Patrol within the Mississippi Department of Public Safety shall have the
authority to inspect for safe operation and safe use of equipment the following
motor vehicles:
(a) Each holder of a certificate of convenience and necessity, a permit to operate as a contract carrier or interstate permit;
(b) Any individual, corporation or partnership engaged in a commercial enterprise operating a single motor vehicle or those in combination with a manufacturer's gross vehicle rating of more than ten thousand (10,000) pounds; and
(c) Any individual, corporation or partnership operating a motor vehicle of any gross weight transporting hazardous material that requires placarding under the Federal Hazardous Material Regulations.
(3) This section shall not apply to the following:
(a) Motor vehicles employed to transport school children and teachers;
(b) Motor vehicles owned and operated by the United States, District of Columbia or any state or any municipality or any other political subdivision of this state;
(c) Motor vehicles engaged in the occasional transportation of personal property without compensation by individuals which is not in the furtherance of a commercial enterprise;
(d) Motor vehicles engaged in the transportation of human corpses or sick or injured persons;
(e) Motor vehicles engaged in emergency or related operations;
(f) Motor vehicles engaged in the private transportation of passengers;
(g) Motor vehicles, including pickup trucks, that have a GVWR or GCWR of twenty-six thousand (26,000) pounds or less, operating intrastate only, provided that such vehicle does not:
(i) Transport hazardous material requiring a placard; or
(ii) Transport sixteen (16) or more passengers, including the driver.
(h) Motor vehicles owned and operated by any farmer who:
(i) Is using the vehicle to transport agricultural products from a farm owned by the farmer, or to transport farm machinery or farm supplies to or from a farm owned by the farmer;
(ii) Is not using the vehicle to transport hazardous materials of a type or quantity that requires the vehicle to be placarded in accordance with the Federal Hazardous Material Regulations in CFR 49 part 177.823; and
(iii) Is using the vehicle within one hundred fifty (150) air miles of the farmer's farm, and the vehicle is a private motor carrier of property.
(i) Motor vehicles engaged in the transportation of logs and pulpwood between the point of harvest and the first point of processing the harvested product;
(j) Motor vehicles engaged exclusively in hauling gravel, soil or other unmanufactured road building materials;
(k) As to hours of service only, utility service vehicles owned or operated by public utilities subject to regulation by the commission, while in intrastate commerce within this state, with a manufacturer's gross vehicle rating of less than twenty-six thousand one (26,001) pounds, unless the vehicle:
(i) Transports hazardous materials requiring a placard; or
(ii) Is designed or used to transport sixteen (16) or more people, including the driver.
(4) Anyone who violates or fails to comply with this section shall be subject to the penalties as provided for in Section 77-7-311, Mississippi Code of 1972.
SECTION 288. Section 77-9-247, Mississippi Code of 1972, is amended as follows:
77-9-247. Every railroad
corporation or company or person or persons operating or controlling any
railroad track intersecting a public road or street at grade crossings shall
erect and maintain at each such crossing the standard sign known as
"railroad crossbuck," the design of which has been standardized by
the Association of American Railroads and which appears in the "Manual on
Uniform Traffic Control Devices" for the State of Mississippi as adopted
by the Commissioner of Public Safety, the Mississippi Department of
Transportation * * * and the United States Department of Transportation.
Provided, further, that said railroad crossbuck shall be reflectorized and be placed in the right side of the road or street on both sides of the railroad and shall indicate the number of tracks crossing the road or street in accordance with the aforesaid manual on uniform traffic control devices.
The provisions of this section shall be enforced by the Mississippi Department of Transportation.
SECTION 289. Section 77-9-257, Mississippi Code of 1972, is amended as follows:
77-9-257. The Mississippi Department
of Transportation * * * shall have every railroad inspected whenever it shall deem the same
necessary, but at least once in each year. The results must be entered upon
the minutes of the * * * department and embraced in its reports, and must embrace
information as to the condition of the roadbed, rolling stock and depots, and
such other facilities and equipment as the * * * department may deem proper.
Whenever the * * * department shall find any roadbed, tunnel, switch or any part
of a railroad track, or any rolling stock in actual use, in an unsafe
condition, it shall direct the railroad company to make the necessary repairs.
SECTION 290. Section 77-9-481, Mississippi Code of 1972, is amended as follows:
77-9-481. The inspectors,
employed pursuant to the authority granted in Section 65-1-173, shall be
responsible for enforcing and investigating all violations of the railroad
laws, and the rules, regulations and general orders of the Mississippi Department
of Transportation * * * promulgated thereunder. In the performance of their duties such
employees shall give particular attention to the enforcement of the * * *
department's
safety rules and regulations; blocking of rights-of-way; the inspection of all
equipment, rights-of-way, roadbed and tracks; and the requirement respecting
certificate of public convenience and necessity, permits or other laws
affecting the operation of the railroad.
SECTION 291. Section 77-9-485, Mississippi Code of 1972, is amended as follows:
77-9-485. All inspectors on
duty shall wear uniforms as prescribed by the Mississippi Department of
Transportation * * *,
shall have the right to bear arms, and shall have authority to make arrests,
and to stop and hold any train and the contents thereof which is being operated
in violation of the railroad laws or the * * * department's rules,
regulations or general orders promulgated thereunder. No train shall be
stopped except by order of the * * * department or by any member
thereof.
SECTION 292. Section 77-9-487, Mississippi Code of 1972, is amended as follows:
77-9-487. The Mississippi Department
of Transportation * * * is hereby authorized and empowered to purchase all necessary
equipment to enforce the provisions of the railroad laws of the State of
Mississippi and to pay for the same out of the "Mississippi Department
of Transportation * * * Regulation Fund," formerly known as the "Mississippi
Transportation Commission Regulation Fund."
SECTION 293. Section 77-9-493, Mississippi Code of 1972, is amended as follows:
77-9-493. All reasonable
and necessary operating expenses of the administration of the duties imposed by
law upon the Mississippi Department of Transportation * * *, including the salaries of
personnel, in its regulation and supervision of railroad companies operating
within the State of Mississippi, shall be provided through the levying of the
following tax. The amount of said tax is the sum of Two Hundred One Thousand
Dollars ($201,000.00) per year. Such tax shall be prorated by the State Tax
Commission among the railroad companies which are subject to the tax levied by
this section each year, according to the railroad track miles of each of such
railroad company operated during the calendar year preceding the assessment.
Each railroad company which is subject to the tax levied by this section shall
file a statement of such railroad track miles by April 1 of each year showing
the railroad track miles operated in the preceding year's operation.
"Railroad track miles" means the miles of road of the railroad system
within this state. These statements of railroad track miles shall be filed with
the * * * department
and a copy thereof filed with the * * * Department of Revenue.
The * * * Department of Revenue shall thereupon calculate the
pro rata amount of tax to be paid by each of said railroad companies in order
to provide the total amount above stated and shall thereupon submit a statement
thereof to the respective railroad companies and the amounts shown due in such
statements to the respective railroad companies shall be paid by the respective
railroad companies within thirty (30) days thereafter to the * * *
Department of
Revenue. The * * * Department of Revenue shall pay such funds
into the State Treasury on the same day collected to the credit of the
Mississippi Department of Transportation * * *.
All administrative
provisions of the Mississippi Sales Tax Law, including those which fix damages,
penalties and interest for nonpayment of taxes and for noncompliance with the
provisions of such chapter, and all other duties and requirements imposed upon
taxpayers, shall apply to all persons liable for taxes under the provisions of
this chapter, and the * * * Commissioner of Revenue shall exercise all the
power and authority and perform all the duties with respect to taxpayers under
this chapter as are provided in the Mississippi Sales Tax Law except where
there is a conflict, then the provisions of this chapter shall control.
The Mississippi Department
of Transportation * * * and the * * * Department of Revenue are hereby authorized to
use all tax returns of any such railroad companies available to them and to
make such audits as may be deemed necessary of any and all records of such
railroad companies in order to correctly determine the amount of railroad track
miles. It shall be the duty of the Department of Finance and Administration to
advise the * * * department of the amount of money on hand from time to time.
All expenses of the Mississippi Department of Transportation * * *
in its regulation and
supervision of railroad companies, including salaries of personnel, shall be
paid by the State Treasurer upon warrants issued by the Department of Finance
and Administration. Said warrants shall be issued upon requisition signed by
the executive secretary or the chairman and said requisition shall show upon
its face the purpose for which the payment is being made, by reference to the
purchase order and/or invoice number and objective code. It shall be unlawful
for any person to withdraw any money from said fund other than by requisition
issued as herein provided. A record of all requisitions issued by the
Mississippi Department of Transportation * * * showing to whom, for what purpose,
and date issued, shall be placed upon the minute books of the * * *
department and
shall become a part of the official record of said * * * department.
The books and accounts of
the Mississippi Department of Transportation * * * shall be audited at the end of each
fiscal year, and at any other time deemed necessary, by the State Auditor and a
copy of such audits shall be furnished to the Governor and the Mississippi Department
of Transportation * * *.
The State Auditor may prescribe such further accounting procedure as he deems
necessary for the withdrawal of funds by the said * * * department from said fund.
All requisitions drawn in compliance with this section shall be honored by the
Department of Finance and Administration and the funds disbursed in accordance
therewith. The Mississippi Department of Transportation * * *
shall file a report at
each regular session of the Legislature showing the expenditure of all funds by
the Mississippi Department of Transportation * * *. All proceeds of the above-mentioned
tax are hereby allocated to the Mississippi Department of Transportation * * *
for the purposes of
this section. In the event the funds provided by said tax exceed the amount
necessary for the purposes of this section at the end of each year, the
Mississippi Department of Transportation * * * shall certify the amount which the
said * * * department
estimates will be necessary for the * * * department for the next year
to the * * * Department of Revenue, and the * * *
Department of
Revenue shall reduce the tax imposed to such amount for the next year and
shall collect the proportionate amount thereof as above provided.
SECTION 294. Section 77-9-525, Mississippi Code of 1972, is amended as follows:
77-9-525. A public hearing,
in the discretion of the Senate Highway and Transportation Committee and the
House Transportation Committee chairmen, may be held by the chairmen and three
(3) appointed members of the committees meeting concurrently to receive
testimony within twenty (20) days after the receipt of notice to the chairmen
of the statement of intent to abandon or discontinue service. The committees
may adopt, by a majority vote of those members present and voting, a concurrent
resolution memorializing the Surface Transportation Board either to permit or
to refuse to permit the person, company or other legal entity owning or
operating the railroad to abandon the rail line or discontinue rail service
thereon, stating the reasons supporting the position. If a concurrent
resolution is adopted by both of the committees, the Clerk of the House of
Representatives and the Secretary of the Senate shall forthwith transmit
certified copies of such resolution to the Surface Transportation Board, the
Mississippi Department of Transportation * * * and to each of the members of
Congress elected from the state.
SECTION 295. Section 77-9-527, Mississippi Code of 1972, is amended as follows:
77-9-527. (1) If a rail
carrier files a notice of intent to abandon or discontinue as provided for in
the Interstate Commerce Act, the Mississippi Department of Transportation * * *
shall have the power to
acquire the railroad that is proposed to be abandoned or discontinued. The
Mississippi Department of Transportation * * * shall have the power to construct,
own, hold, control, use, extend, relocate, operate, maintain, repair, equip and
lease such railroad and any machinery, equipment or other facilities required
and incidental to the ownership and operation of such railroad.
(2) For the purposes
provided for in subsection (1) of this section, the Mississippi Department
of Transportation * * *
shall have the power to acquire rights-of-way, land, easements, property and
interests in property by gift, purchase, condemnation or otherwise. In
exercising condemnation under this section, the * * * department shall condemn
property in the manner provided by law.
SECTION 296. Section 97-15-3, Mississippi Code of 1972, is amended as follows:
97-15-3. Whoever being * * * the Commissioner of Transportation
or any engineer, agent or other employee of the * * *
Mississippi Department of Transportation, acting for or on behalf of
the * * *
department, shall accept, or agree to accept, receive or agree to
receive, ask or solicit, either directly or indirectly, and any person who
shall give or offer to give, or promise or procure to be promised, offered or
given, either directly or indirectly to * * * the
Commissioner of Transportation, or to any engineer, agent, or other
employee of the Mississippi Department of Transportation acting for and
on behalf of the * * *
commissioner or department, any monies, or any contract, promise,
undertaking, obligation, gratuity or security for the payment of money, or for
the delivery or conveyance of anything of value or of any political appointment
or influence, present, or reward of any employment or any other thing of value,
with the intent to have his decision or action on any question, matter, cause
or proceeding which may at the time be pending, or which may by law be brought
before him in his official capacity or in his place of trust or profit,
influence thereby, shall be deemed guilty of a felony, and upon conviction,
shall be imprisoned in the Penitentiary not less than one (1) nor more than five
(5) years, and shall forever after be disqualified from holding any office of
trust or profit under the Constitution or laws of this state.
SECTION 297. Section 97-15-5, Mississippi Code of 1972, is amended as follows:
97-15-5. * * *
The Commissioner of Transportation
or any * * * engineer,
agent or other employee of the Mississippi Department of Transportation, in
connection with the carrying on of the work outlined in Title 65, Mississippi
Code of 1972, who shall knowingly perform any act with intent to injure the
state, or any contractor or his agent, or employee, or any other person, who
shall conspire with the * * * director commissioner or * * * any engineer, agent or other
employee of the Mississippi Department of Transportation, or with any state
official, to permit a violation of any contract with intent to injure or
defraud the state, or any contractor or agent, or employee of any contractor
who shall knowingly do any work on any state highway in violation of contract,
and with intent to defraud the state, the * * * commissioner or any engineer,
agent or other employee of the Mississippi Department of Transportation,
state official or contractor, or employee or agent of such contractor, or any
other person so conspiring or so doing, shall be guilty of a felony, and, upon
conviction thereof shall be confined in the State Penitentiary not less than
one (1) year, nor more than five (5) years, or be fined not less than One
Thousand Dollars ($1,000.00) and not more than Five Thousand Dollars
($5,000.00) or both. In addition, any such person shall be liable to the * * * Mississippi
Department of Transportation for double the amount the state may have lost
by reason thereof, such liability to be covered by any bond that may have been
executed by such official, contractor, or employee, the liability hereunder of
the bondsmen, however, being limited to the total amount of said bond and not
more.
SECTION 298. Section 65-3-37, Mississippi Code of 1972, is amended as follows:
65-3-37. (1) The
Mississippi Department
of Transportation * * * is hereby authorized and
directed to allow for the erection of two (2) markers designating the Chickasa-Leaf
Barn Quilt Trail, with one (1) at the intersection of Mississippi Highway 98
and Mississippi Highway 57 North, which is outside and east of the McLain
corporate limits, and another at the intersection of Mississippi Highway 57
South and Highway 63 South, which is within the Leakesville corporate limits.
(2) The Mississippi Department of Transportation shall not be responsible for erecting or maintaining the markers described in subsection (1) of this section.
SECTION 299. Section 65-3-37.1, Mississippi Code of 1972, is amended as follows:
65-3-37.1. (1) The
Mississippi Department
of Transportation * * * is hereby authorized and
directed to allow for the erection of markers recognizing the Military Order of
the Purple Heart at the entrances of state highways in the counties of Mississippi,
subject to the limitation that only four (4) markers be authorized for erection
per county.
(2) The Mississippi
Department of Transportation shall not be responsible for purchasing, erecting
or maintaining the markers described in subsection (1) of this section, or any
other material related to the erection of such markers. However, the
Mississippi Department
of Transportation * * * may promulgate rules and
regulations in regard to marker placement at the designated entrances. Marker
size shall not exceed two (2) feet by two (2) feet. Local governing
authorities may assist in the erection of the markers, but shall not be
required to do so.
SECTION 300. Section 65-3-143.17, Mississippi Code of 1972, is amended as follows:
65-3-143.17. The following
segment of highway is deleted from the state highway system, removed from the
jurisdiction of the Mississippi
Department of Transportation * * * and returned to
the jurisdiction of the Mayor and Board of Aldermen of the City of Canton,
Madison County, Mississippi:
Central District - Madison County:
Mississippi 16 beginning at its intersection with U.S. 51 and extending easterly to its intersection with U.S. 43 on the east side of the City of Canton.
SECTION 301. Section 65-3-143.18, Mississippi Code of 1972, is amended as follows:
65-3-143.18. (1) The
following segment of highway is designated as a state highway and placed under
the jurisdiction of the Mississippi
Department of Transportation * * * for construction
and maintenance; and such highway, together with the highways designated in
Section 65-3-3, and all other laws adding links to the designated state highway
system, are declared to be the state highway system of Mississippi:
Central District - Madison County:
That segment of newly constructed highway extending from U.S. 51 and extending easterly to its intersection with U.S. 43 (MDOT Project NCPD-6993-00(001)/104137-301000), on the east side of the City of Canton, which shall be designated as a part of Mississippi 16.
(2) The Mississippi Department of
Transportation * * * shall take over and assume
responsibility for construction and maintenance of the segment of highway
described in subsection (1).
SECTION 302. This act shall take effect and be in force from and after January 1, 2020.
