MISSISSIPPI LEGISLATURE REGULAR SESSION 2017
By: Representative Chism To: Transportation
HOUSE BILL NO. 877
1 AN ACT TO AMEND SECTION 65-1-1, MISSISSIPPI CODE OF 1972, TO 2 REVISE CERTAIN DEFINITIONS REGARDING THE MISSISSIPPI 3 TRANSPORTATION COMMISSION AND MISSISSIPPI DEPARTMENT OF 4 TRANSPORTATION; TO AMEND SECTION 65-1-2, MISSISSIPPI CODE OF 1972, 5 TO DELETE CERTAIN PROVISIONS REGARDING THE MISSISSIPPI DEPARTMENT 6 OF TRANSPORTATION; TO AMEND SECTION 65-1-3, MISSISSIPPI CODE OF 7 1972, TO ABOLISH THE MISSISSIPPI TRANSPORTATION COMMISSION AND 8 PROVIDE THAT THE HEAD OF THE MISSISSIPPI DEPARTMENT OF 9 TRANSPORTATION SHALL BE THE COMMISSIONER OF TRANSPORTATION; TO 10 REPEAL SECTION 65-1-5, MISSISSIPPI CODE OF 1972, WHICH PROVIDES 11 FOR THE ORGANIZATION AND MEETINGS OF THE MISSISSIPPI 12 TRANSPORTATION COMMISSION; TO REPEAL SECTION 65-1-7, MISSISSIPPI 13 CODE OF 1972, WHICH REGARDS COMPENSATION FOR THE MISSISSIPPI 14 TRANSPORTATION COMMISSION; TO AMEND SECTION 65-1-8, MISSISSIPPI 15 CODE OF 1972, TO PROVIDE FOR THE POWERS OF THE COMMISSIONER OF 16 TRANSPORTATION; TO REPEAL SECTION 65-1-9, MISSISSIPPI CODE OF 17 1972, WHICH REQUIRES THE MISSISSIPPI TRANSPORTATION COMMISSION TO 18 APPOINT AN EXECUTIVE DIRECTOR OF THE MISSISSIPPI DEPARTMENT OF 19 TRANSPORTATION; TO AMEND SECTION 65-1-10, MISSISSIPPI CODE OF 20 1972, TO PROVIDE CERTAIN DUTIES OF THE MISSISSIPPI COMMISSIONER OF 21 TRANSPORTATION; TO AMEND SECTION 65-1-11, MISSISSIPPI CODE OF 22 1972, TO PROVIDE THAT THE CHIEF ENGINEER SHALL BE A DEPUTY 23 COMMISSIONER OF THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION; TO 24 AMEND SECTION 65-1-13, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A 25 DEPUTY COMMISSIONER OF ADMINISTRATION OF THE MISSISSIPPI 26 DEPARTMENT OF TRANSPORTATION; TO REPEAL SECTION 65-1-15, 27 MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE MISSISSIPPI 28 TRANSPORTATION COMMISSION TO EMPLOY A SECRETARY; TO AMEND SECTIONS 29 65-1-17, 65-1-20, 65-1-23, 65-1-25, 65-1-27, 65-1-29, 65-1-31, 30 65-1-33, 65-1-35, 65-1-37, 65-1-39, 65-1-41, 65-1-43, 65-1-45, 31 65-1-46, 65-1-47, 65-1-49, 65-1-51, 65-1-57, 65-1-59, 65-1-61, 32 65-1-63, 65-1-65, 65-1-67, 65-1-69, 65-1-70.5, 65-1-71, 65-1-73, 33 65-1-75, 65-1-77, 65-1-79, 65-1-81, 65-1-83, 65-1-85, 65-1-86, 34 65-1-87, 65-1-89, 65-1-91, 65-1-110, 65-1-111, 65-1-113, 65-1-115, H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ G1/2 17/HR43/R1127.2 PAGE 1 (AJT\EW) 35 65-1-117, 65-1-121, 65-1-123, 65-1-127, 65-1-129, 65-1-131, 36 65-1-135, 65-1-136, 65-1-137, 65-1-141, 65-1-145, 65-1-149, 37 65-1-151, 65-1-155, 65-1-167, 65-1-169, 65-1-173, 65-1-303, 38 65-1-305, 65-1-307, 65-1-345, 65-1-501, 65-1-503, 65-1-505, 39 65-1-507, 65-1-509, 65-1-513, 1-1-11, 7-5-13, 7-5-25, 7-5-59, 40 11-27-81, 11-27-91, 11-46-9, 23-15-193, 23-15-297, 23-15-881, 41 23-15-883, 23-15-887, 25-3-31, 25-58-21, 27-19-81, 27-19-89, 42 27-19-93, 27-19-138, 29-1-1, 29-1-77, 29-9-1, 31-5-33, 31-7-13.1, 43 31-7-13.2, 31-17-127, 37-101-292, 43-39-12, 45-3-21, 47-5-71, 44 47-5-133, 47-5-433, 49-1-33, 49-23-3, 49-23-7, 49-23-11, 49-23-13, 45 49-23-17, 49-23-19, 49-23-21, 49-23-25, 49-23-27, 49-25-5, 46 49-25-7, 49-25-9, 49-25-11, 49-25-13, 49-25-17, 49-25-21, 55-3-33, 47 55-5-7, 55-5-19, 55-5-23, 55-5-25, 55-5-27, 55-5-29, 55-5-31, 48 55-5-33, 55-5-61, 55-5-63, 55-13-1, 55-13-3, 55-13-9, 55-13-13, 49 55-13-15, 55-13-17, 55-13-19, 55-13-20, 55-13-21, 55-13-23, 50 55-13-27, 55-13-37, 55-15-81, 55-23-15, 55-25-6, 57-43-3, 51 57-43-11, 57-43-15, 57-75-22, 61-1-3, 61-1-33, 61-3-25, 61-5-15, 52 63-2-5, 63-3-303, 63-3-305, 63-3-307, 63-3-317, 63-3-501, 53 63-3-503, 63-3-511, 63-3-513, 63-3-611, 63-3-1001, 63-3-1003, 54 63-3-1009, 63-5-27, 63-5-31, 63-5-33, 63-5-34, 63-5-35, 63-5-51, 55 65-2-3, 65-2-5, 65-3-1, 65-3-3, 65-3-34, 65-3-39, 65-3-51, 56 65-3-71.10, 65-3-97, 65-3-99, 65-3-133, 65-3-135, 65-3-137, 57 65-3-139, 65-3-140, 65-3-140.1, 65-3-141, 65-3-143.1, 65-3-143.2, 58 65-3-143.3, 65-3-143.4, 65-3-143.5, 65-3-143.6, 65-3-143.7, 59 65-3-143.8, 65-3-143.9, 65-3-143.11, 65-3-143.12, 65-3-143.13, 60 65-3-143.14, 65-3-143.15, 65-3-143.16, 65-3-203, 65-3-205, 61 65-4-13, 65-4-19, 65-7-53, 65-7-55, 65-9-15, 65-9-17, 65-9-29, 62 65-9-33, 65-11-5, 65-11-7, 65-11-9, 65-11-11, 65-11-13, 65-11-15, 63 65-11-17, 65-11-19, 65-11-21, 65-11-23, 65-11-25, 65-11-27, 64 65-11-29, 65-11-31, 65-11-35, 65-11-37, 65-11-61, 65-17-203, 65 65-23-1, 65-23-11, 65-23-17, 65-23-201, 65-23-225, 65-23-227, 66 65-25-21, 65-25-23, 65-25-27, 65-25-31, 65-25-35, 65-25-129, 67 65-26-3, 65-26-5, 65-26-11, 65-26-15, 65-26-19, 65-26-25, 68 65-26-35, 65-26-37, 65-31-1, 65-31-3, 65-31-5, 65-31-11, 65-33-45, 69 65-33-53, 65-39-1, 65-39-3, 65-39-5, 65-39-17, 65-39-37, 65-41-5, 70 65-41-7, 65-43-1, 65-43-3, 65-43-4, 65-43-5, 65-43-9, 65-43-13, 71 65-43-25, 69-7-103, 69-13-205, 71-3-5, 71-3-38, 77-7-13, 77-7-16, 72 77-9-247, 77-9-257, 77-9-481, 77-9-485, 77-9-487, 77-9-493, 73 77-9-525, 77-9-527, 97-15-3, 97-15-5, 65-3-37, 65-3-37.1, 74 65-3-143.17 AND 65-3-143.18, MISSISSIPPI CODE OF 1972, TO CONFORM 75 TO THE PROVISIONS OF THIS BILL; AND FOR RELATED PURPOSES. 76 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
77 SECTION 1. Section 65-1-1, Mississippi Code of 1972, is 78 amended as follows: 79 65-1-1. When used in this chapter and for the purposes of 80 Sections 65-1-1 through 65-1-21, the following words shall have H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 2 (AJT\EW) 81 the meanings ascribed herein unless the context otherwise 82 requires: 83 (a) "Department" means the Mississippi Department of 84 Transportation. Whenever the term "Mississippi State Highway 85 Department," or the word "department" meaning the Mississippi 86 State Highway Department, appears in the laws of the State of
87 Mississippi, it shall mean the "Mississippi Department of 88 Transportation." 89 (b) "Office" means an administrative subdivision of the 90 department. 91 (c) "Bureau" means an administrative subdivision of an 92 office. 93 (d) "Commission" means the Mississippi Department of
94 Transportation * * *. Whenever the term "Mississippi 95 Transportation Commission," "Mississippi State Highway 96 Commission," or the word "commission" meaning the Mississippi 97 Transportation Commission or Mississippi State Highway Commission, 98 appears in the laws of the State of Mississippi, it shall mean the
99 Mississippi Department of Transportation * * *. 100 (e) "Executive director" means the * * * Commissioner 101 of Transportation, established under Section 65-1-3. Whenever the 102 term "executive director" or "director," meaning the Chief
103 Administrative Officer of the * * * Mississippi Department of 104 Transportation, appears in the laws of the State of Mississippi,
105 it shall mean the * * * Commissioner of Transportation.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 3 (AJT\EW) 106 (f) "Director" means the chief officer of an office. 107 (g) "Administrator" means the chief officer of a 108 bureau. 109 (h) "Highway" or "road" includes rights-of-way, bridge 110 and drainage structures, signs, guardrails and other structures 111 made in connection with such highway or road.
112 (i) "Construction" includes reconstruction. 113 (j) "Maintenance" means the constant maintenance and 114 repair to preserve a smooth surfaced highway. 115 (k) "Pave" means to construct with a surface of either 116 high-type or intermediate-type pavement. 117 (l) "Commissioner" means the Commissioner of 118 Transportation.
119 SECTION 2. Section 65-1-2, Mississippi Code of 1972, is 120 amended as follows: 121 65-1-2. (1) There is hereby created the Mississippi
122 Department of Transportation * * *. The department shall be the 123 state highway commission under which the Legislature has placed
124 state highways for control and supervision of construction and
125 maintenance.
126 * * * 127 ( * * *2) The department is designated as the single state 128 agency to receive and expend any funds made available by the 129 United States Department of Transportation or any agency of the 130 federal government for transportation purposes and to cooperate
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 4 (AJT\EW) 131 with federal, state, interstate and local agencies, organizations 132 and persons performing activities relating to transportation. 133 This subsection shall not apply to motor carrier safety assistance 134 program funds made available by the federal government to the 135 Public Service Commission.
136 ( * * *3) The powers, duties and responsibilities of the 137 State Highway Department with respect to the construction and 138 maintenance of the state highway system are transferred to the 139 Mississippi Department of Transportation.
140 ( * * *4) The powers, duties and responsibilities of 141 the * * * Mississippi Development Authority with respect to 142 aeronautics are transferred to the Mississippi Department of 143 Transportation.
144 ( * * *5) The powers, duties and responsibilities of 145 the * * * Department of Revenue with respect to the weighing of 146 motor vehicles along the highways of this state at inspection 147 stations and by means of portable scales are transferred to the 148 Mississippi Department of Transportation.
149 ( * * *6) The powers, duties and responsibilities of 150 the * * * Mississippi Development Authority with respect to 151 transportation matters, except with respect to ports, are 152 transferred to the Mississippi Department of Transportation.
153 ( * * *7) The powers, duties and responsibilities of the 154 State Aid Engineer and the Office of State Aid Road Construction 155 are transferred to the Mississippi Department of Transportation.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 5 (AJT\EW) 156 ( * * *8) All powers, duties and responsibilities of the 157 Public Service Commission with regard to railroads, except 158 rate-making authority, are transferred to the Mississippi 159 Department of Transportation. The Mississippi Department of
160 Transportation * * * may perform any act and issue any rule, 161 regulation or order which the * * * department is permitted to do 162 by the Federal Railroad Safety Act of 1970 (45 USCS et seq.). A 163 copy of any new rule, regulation or order passed by the
164 Mississippi Department of Transportation * * * shall be furnished 165 to members of the Transportation Committees of the Mississippi 166 House of Representatives and the Mississippi Senate. Individuals, 167 corporations or companies affected by the order, rule or 168 regulation shall be notified in accordance with the Mississippi
169 Administrative Procedures Law.
170 ( * * *9) All records, personnel, property and unexpended 171 balances of appropriations, allocation or other funds of all those 172 agencies, boards, commissions, departments, offices, bureaus and 173 divisions that are transferred by Chapter 496, Laws of 1992, shall
174 be transferred to the Mississippi Department of Transportation. 175 The transfer of segregated or special funds shall be made in such
176 a manner that the relation between program and revenue source as 177 provided by law shall be retained.
178 * * * 179 SECTION 3. Section 65-1-3, Mississippi Code of 1972, is 180 amended as follows:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 6 (AJT\EW) 181 65-1-3. * * * 182 (1) The administrator and head of the Mississippi Department 183 of Transportation shall be the Commissioner of Transportation, who 184 shall be a person qualified by training and experience to perform 185 the duties of the commissioner's office. 186 (2) The commissioner shall be appointed by the Governor with
187 the advice and consent of the Senate. 188 (3) The commissioner shall serve at the pleasure of the 189 Governor and shall receive an annual salary fixed by the State 190 Personnel Board. 191 (4) In the event of death, resignation, temporary incapacity 192 or removal of the commissioner, and prior to the appointment of 193 the commissioner's successor, the Governor may appoint a qualified
194 employee of the Mississippi Department of Transportation to serve 195 as acting commissioner. The commissioner may appoint, during the 196 commissioner's absence from the state, a qualified employee of the 197 department to serve as acting commissioner for the duration of the 198 absence. In either case, the acting commissioner shall have all
199 the duties, functions and powers of the commissioner during the 200 commissioner's absence or incapacity, or until the commissioner's
201 successor is duly qualified and appointed.
202 SECTION 4. Section 65-1-5, Mississippi Code of 1972, which 203 provides for the organization and meetings of the Mississippi 204 Transportation Commission, is repealed.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 7 (AJT\EW) 205 SECTION 5. Section 65-1-7, Mississippi Code of 1972, which 206 regards compensation for the Mississippi Transportation 207 Commission, is repealed.
208 SECTION 6. Section 65-1-8, Mississippi Code of 1972, is 209 amended as follows:
210 65-1-8. (1) The * * * Commissioner of Transportation * * *
211 shall have the following general powers * * *: 212 (a) To coordinate and develop a comprehensive, balanced 213 transportation policy for the State of Mississippi; 214 (b) To promote the coordinated and efficient use of all 215 available and future modes of transportation; 216 (c) To make recommendations to the Legislature 217 regarding alterations or modifications in any existing
218 transportation policies; 219 (d) To study means of encouraging travel and 220 transportation of goods by the combination of motor vehicle and 221 other modes of transportation; 222 (e) To take such actions as are necessary and proper to
223 discharge its duties pursuant to the provisions of Chapter 496, 224 Laws of 1992, and any other provision of law;
225 (f) To receive and provide for the expenditure of any 226 funds made available to it by the Legislature, the federal
227 government or any other source * * *; 228 (g) To retain, employ and contract for the services of 229 private and public consultants, research and technical personnel
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 8 (AJT\EW) 230 and procure by contract, consulting, research, technical and other 231 services and facilities, whenever considered by the commissioner 232 necessary or desirable in the performance of the functions of the 233 department and whenever funds shall be available for those 234 purposes; 235 (h) To establish and promulgate such rules and
236 regulations governing the administration and operation of the 237 department as may be deemed necessary by the commissioner and that 238 are not inconsistent with the laws of this state; 239 (i) To maintain such facilities throughout the state as 240 may be required for the effective and efficient operation of the 241 department; 242 (j) To apply for and accept on behalf of the state any
243 grant from the federal government to be used for any of the 244 purposes of the department, and to comply with any conditions and 245 limitations annexed; 246 (k) To supervise, direct and account for the 247 administration and operation of the department and its employees;
248 (l) To organize the department into such units as the 249 commissioner deems necessary to carry out the duties and functions
250 imposed on the commissioner and the department; 251 (m) To appoint such personnel as may be necessary for 252 the administration and operation of the department, within 253 reasonable budgetary limitations;
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 9 (AJT\EW) 254 (n) To delegate any of the commissioner's powers, 255 duties or functions to a departmental employee of the 256 commissioner's choosing, except the commissioner's power to remove 257 employees of the department or to fix their compensation; 258 (o) To undertake programs of transportation related to 259 investigation, research and operation of safe, adequate and
260 efficient transportation modes, including, but not limited to, 261 aeronautics, waterways, rails, highways and mass transit; 262 (p) To provide technical assistance and financial 263 assistance, as it may become available, to other public agencies; 264 (q) To develop and implement a continuing, 265 comprehensive, and multimodal statewide transportation planning 266 process that is consistent with the transportation planning
267 requirements of the United States Department of Transportation and 268 includes the development and periodic updating of a long-range 269 statewide transportation plan, including: consideration and 270 provision, as applicable, of elements and connections of and 271 between highway, rail, mass transit, waterway, aviation,
272 pedestrian and bicycle facilities; consideration of operations and 273 maintenance of those facilities; and a review of projected costs
274 and anticipated revenues; 275 (r) To plan, propose and coordinate transportation 276 related policies, activities and programs among state departments 277 and agencies and within the state;
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 10 (AJT\EW) 278 (s) To prepare and report annually to the Legislature 279 an updated multimodal transportation improvement program for the 280 state, which shall be based on the long-range statewide 281 transportation plan and shall provide the basis for annual funding 282 recommendations by the commissioner and for annual expenditures by 283 the department;
284 (t) To administer a statewide rideshare/car pooling 285 program, including the establishment of appropriate rideshare 286 parking locations on the perimeter of major urban areas or other 287 areas needing such facilities, as determined by the commissioner; 288 (u) To document and evaluate the cost-effectiveness of 289 contracting maintenance work with private vendors; 290 (v) To develop a plan to establish and maintain
291 long-term, cost-effective highway condition ratings; 292 (w) To develop, document and demonstrate to the 293 Legislature a system of accountability over transportation field 294 units; 295 (x) To exercise all duties, responsibilities and powers
296 granted the department in Title 65, Chapters 3, 11, and 12, and 297 establish and promulgate rules and regulations necessary for the
298 administration and enforcement of Title 65, Chapters 3, 11, and 299 12; and 300 (y) To solely at the commissioner's discretion, upon 301 awarding federal transportation enhancement grant funds to be used 302 for the acquisition, preservation or protection of civil war
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 11 (AJT\EW) 303 battlefield sites or related properties or easements, contract 304 directly with any established and nationally recognized nonprofit 305 organization dedicated to the preservation of civil war 306 battlefields; provided that the commissioner finds that the 307 organization complies with federal eligibility requirements for 308 grantees of such enhancement grant funds.
309 (2) In addition to the general powers * * * listed in 310 subsection (1) of this section, the * * * Commissioner of 311 Transportation * * * shall have the following specific powers: 312 (a) To make rules and regulations whereby the
313 Mississippi Department of Transportation * * * shall change or 314 relocate any and all highways herein or hereafter fixed as 315 constituting a part of the state highway system, as may be deemed
316 necessary or economical in the construction or maintenance 317 thereof; to acquire by gift, purchase, condemnation or otherwise, 318 land or other property whatsoever that may be necessary for a 319 state highway system as herein provided, with full consideration 320 to be given to the stimulation of local public and private
321 investment when acquiring such property in the vicinity of 322 Mississippi towns, cities and population centers;
323 (b) To enforce by mandamus, or other proper legal 324 remedies, all legal rights or rights of action of the Mississippi
325 Department of Transportation * * * with other public bodies, 326 corporations or persons;
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 12 (AJT\EW) 327 (c) To make and publish rules, regulations and 328 ordinances for the control of and the policing of the traffic on 329 the state highways, and to prevent their abuse by any or all 330 persons, natural or artificial, by trucks, tractors, trailers or 331 any other heavy or destructive vehicles or machines, or by any 332 other means whatsoever, by establishing weights of loads or of
333 vehicles, types of tires, width of tire surfaces, length and width 334 of vehicles, with reasonable variations to meet approximate 335 weather conditions, and all other proper police and protective 336 regulations, and to provide ample means for the enforcement of 337 same. The violation of any of the rules, regulations or
338 ordinances so prescribed by the * * * commissioner shall 339 constitute a misdemeanor. No rule, regulation or ordinance shall
340 be made that conflicts with any statute now in force or which may 341 hereafter be enacted, or with any ordinance of municipalities. A 342 monthly publication giving general information to the boards of 343 supervisors, employees and the public may be issued under such
344 rules and regulations as the * * * commissioner may determine; 345 (d) To give suitable numbers to highways and to change 346 the number of any highway that shall become a part of the state
347 highway system. However, nothing herein shall authorize the 348 number of any highway to be changed so as to conflict with any 349 designation thereof as a U.S. numbered highway. Where, by a
350 specific act of the Legislature, the * * * commissioner has been
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 13 (AJT\EW) 351 directed to give a certain number to a highway, the * * * 352 commissioner shall not have the authority to change such number; 353 (e) (i) To make proper and reasonable rules, 354 regulations, and ordinances for the placing, erection, removal or 355 relocation of telephone, telegraph or other poles, signboards, 356 fences, gas, water, sewerage, oil or other pipelines, and other
357 obstructions that may, in the opinion of the * * * commissioner, 358 contribute to the hazards upon any of the state highways, or in 359 any way interfere with the ordinary travel upon such highways, or 360 the construction, reconstruction or maintenance thereof, and to 361 make reasonable rules and regulations for the proper control 362 thereof. Any violation of such rules or regulations or 363 noncompliance with such ordinances shall constitute a misdemeanor;
364 (ii) Except as otherwise provided for in this
365 paragraph, whenever the order of the * * * commissioner shall 366 require the removal of, or other changes in the location of 367 telephone, telegraph or other poles, signboards, gas, water, 368 sewerage, oil or other pipelines; or other similar obstructions on
369 the right-of-way or such other places where removal is required by 370 law, the owners thereof shall at their own expense move or change
371 the same to conform to the order of the * * * commissioner. Any 372 violation of such rules or regulations or noncompliance with such 373 orders shall constitute a misdemeanor; 374 (iii) Rural water districts, rural water systems, 375 nonprofit water associations and municipal public water systems in
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 14 (AJT\EW) 376 municipalities with a population of ten thousand (10,000) or less, 377 according to the latest federal decennial census, shall not be 378 required to bear the cost and expense of removal and relocation of 379 water and sewer lines and facilities constructed or in place in 380 the rights-of-way of state highways. The cost and expense of such 381 removal and relocation, including any unpaid prior to July 1,
382 2002, shall be paid by the Mississippi Department of 383 Transportation; 384 (iv) Municipal public sewer systems and municipal 385 gas systems owned by municipalities with a population of ten 386 thousand (10,000) or less, according to the latest federal 387 decennial census, shall not be required to bear the cost and 388 expense of removal and relocation of lines and facilities
389 constructed or in place in the rights-of-way of state highways. 390 The cost and expense of such removal and relocation, including any 391 unpaid prior to July 1, 2003, shall be paid by the Mississippi 392 Department of Transportation; 393 (f) To regulate and abandon grade crossings on any road
394 fixed as a part of the state highway system, and whenever
395 the * * * commissioner, in order to avoid a grade crossing with 396 the railroad, locates or constructs said road on one side of the
397 railroad, the * * * commissioner shall have the power to abandon 398 and close such grade crossing, and whenever an underpass or
399 overhead bridge is substituted for a grade crossing, the * * * 400 commissioner shall have power to abandon such grade crossing and
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 15 (AJT\EW) 401 any other crossing adjacent thereto. Included in the powers 402 herein granted shall be the power to require the railroad at grade 403 crossings, where any road of the state highway system crosses the 404 same, to place signal posts with lights or other warning devices 405 at such crossings at the expense of the railroad, and to regulate 406 and abandon underpass or overhead bridges and, where abandoned
407 because of the construction of a new underpass or overhead bridge, 408 to close such old underpass or overhead bridge, or, in its 409 discretion, to return the same to the jurisdiction of the county 410 board of supervisors; 411 (g) To make proper and reasonable rules and regulations 412 to control the cutting or opening of the road surfaces for 413 subsurface installations;
414 (h) To make proper and reasonable rules and regulations 415 for the removal from the public rights-of-way of any form of 416 obstruction, to cooperate in improving their appearance, and to 417 prescribe minimum clearance heights for seed conveyors, pipes, 418 passageways or other structure of private or other ownership above
419 the highways; 420 (i) To establish, and have the Mississippi Department
421 of Transportation * * * maintain and operate, and to cooperate 422 with the state educational institutions in establishing, 423 enlarging, maintaining and operating a laboratory or laboratories 424 for testing materials and for other proper highway purposes;
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 16 (AJT\EW) 425 (j) To provide, under the direction and with the 426 approval of the Department of Finance and Administration, suitable 427 offices, shops and barns in the City of Jackson; 428 (k) To establish and have enforced set-back 429 regulations; 430 (l) To cooperate with proper state authorities in
431 producing limerock for highway purposes and to purchase same at 432 cost; 433 (m) To provide for the purchase of necessary equipment 434 and vehicles and to provide for the repair and housing of same, to 435 acquire by gift, purchase, condemnation or otherwise, land or 436 lands and buildings in fee simple, and to authorize the
437 Mississippi Department of Transportation * * * to construct, lease 438 or otherwise provide necessary and proper permanent district 439 offices for the construction and maintenance divisions of the 440 department, and for the repair and housing of the equipment and 441 vehicles of the department; however, in each Supreme Court 442 district only two (2) permanent district offices shall be set up,
443 but a permanent status shall not be given to any such offices 444 until so provided by act of the Legislature and in the meantime,
445 all shops of the department shall be retained at their present 446 location. As many local or subdistrict offices, shops or barns 447 may be provided as is essential and proper to economical 448 maintenance of the state highway system;
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 17 (AJT\EW) 449 (n) To cooperate with the Department of Archives and 450 History in having placed and maintained suitable historical 451 markers, including those which have been approved and purchased by 452 the State Historical Commission, along state highways, and to have 453 constructed and maintained roadside driveways for convenience and 454 safety in viewing them when necessary;
455 (o) To cooperate, in * * * his discretion, with the 456 Mississippi Department of Wildlife, Fisheries and Parks in 457 planning and constructing roadside parks upon the right-of-way of 458 state highways, whether constructed, under construction, or 459 planned; said parks to utilize where practical barrow pits used in 460 construction of state highways for use as fishing ponds. Said 461 parks shall be named for abundant flora and fauna existing in the
462 area or for the first flora or fauna found on the site; 463 (p) Unless otherwise prohibited by law, to make such 464 contracts and execute such instruments containing such reasonable 465 and necessary appropriate terms, provisions and conditions as in 466 its absolute discretion it may deem necessary, proper or
467 advisable, for the purpose of obtaining or securing financial 468 assistance, grants or loans from the United States of America or
469 any department or agency thereof, including contracts with several 470 counties of the state pertaining to the expenditure of such funds; 471 (q) To cooperate with the Federal Highway 472 Administration in the matter of location, construction and 473 maintenance of the Great River Road, to expend such funds paid to
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 18 (AJT\EW) 474 the * * * department by the Federal Highway Administration or 475 other federal agency, and to authorize the Mississippi Department
476 of Transportation * * * to erect suitable signs marking this 477 highway, the cost of such signs to be paid from state highway 478 funds other than earmarked construction funds;
479 (r) To cooperate, in * * * his discretion, with the 480 Mississippi Forestry Commission and the School of Forestry, 481 Mississippi State University, in a forestry management program, 482 including planting, thinning, cutting and selling, upon the 483 right-of-way of any highway, constructed, acquired or maintained
484 by the Mississippi Department of Transportation * * *, and to sell 485 and dispose of any and all growing timber standing, lying or being
486 on any right-of-way acquired by the * * * department for highway 487 purposes in the future; such sale or sales to be made in 488 accordance with the sale of personal property which has become 489 unnecessary for public use as provided for in Section 65-1-123, 490 Mississippi Code of 1972; 491 (s) To expend funds in cooperation with the Division of
492 Plant Industry, Mississippi Department of Agriculture and 493 Commerce, the United States government or any department or agency
494 thereof, or with any department or agency of this state, to 495 control, suppress or eradicate serious insect pests, rodents, 496 plant parasites and plant diseases on the state highway 497 rights-of-way;
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 19 (AJT\EW) 498 (t) To provide for the placement, erection and 499 maintenance of motorist services business signs and supports 500 within state highway rights-of-way in accordance with current 501 state and federal laws and regulations governing the placement of 502 traffic control devices on state highways, and to establish and 503 collect reasonable fees from the businesses having information on
504 such signs; 505 (u) To request and to accept the use of persons 506 convicted of an offense, whether a felony or a misdemeanor, for 507 work on any road construction, repair or other project of the
508 Mississippi Department of Transportation * * *. The * * * 509 commissioner is also authorized to request and to accept the use 510 of persons who have not been convicted of an offense but who are
511 required to fulfill certain court-imposed conditions pursuant to 512 Section 41-29-150(d)(1) or 99-15-26, Mississippi Code of 1972, or 513 the Pretrial Intervention Act, being Sections 99-15-101 through
514 99-15-127, Mississippi Code of 1972. The * * * commissioner is 515 authorized to enter into any agreements with the Department of
516 Corrections, the State Parole Board, any criminal court of this 517 state, and any other proper official regarding the working,
518 guarding, safekeeping, clothing and subsistence of such persons 519 performing work for the Mississippi Department of
520 Transportation * * *. Such persons shall not be deemed agents, 521 employees or involuntary servants of the Mississippi Department of
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 20 (AJT\EW) 522 Transportation * * * while performing such work or while going to 523 and from work or other specified areas; 524 (v) To provide for the administration of the railroad 525 revitalization program pursuant to Section 57-43-1 et seq.;
526 (w) The * * * Commissioner of Transportation * * * is 527 further authorized, in * * * his discretion, to expend funds for 528 the purchase of service pins for employees of the Mississippi
529 Department of Transportation * * *; 530 (x) To cooperate with the * * * Department of Revenue 531 by providing for weight enforcement field personnel to collect and 532 assess taxes, fees and penalties and to perform all duties as
533 required pursuant to Sections 27-55-501 et seq., * * * 27-19-1 et 534 seq., 27-55-1 et seq., 27-59-1 et seq. and 27-61-1 et seq.,
535 Mississippi Code of 1972, with regard to vehicles subject to the 536 jurisdiction of the Office of Weight Enforcement. All collections
537 and assessments shall be transferred daily to the * * * Department 538 of Revenue;
539 (y) The * * * Commissioner of Transportation * * * may 540 delegate the authority to enter into a supplemental agreement to a
541 contract previously approved by the * * * commissioner if the 542 supplemental agreement involves an additional expenditure not to 543 exceed One Hundred Thousand Dollars ($100,000.00);
544 (z) (i) The * * * Commissioner of 545 Transportation * * *, in * * * his discretion, may enter into 546 agreements with any county, municipality, county transportation
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 21 (AJT\EW) 547 commission, business, corporation, partnership, association, 548 individual or other legal entity, for the purpose of accelerating 549 the completion date of scheduled highway construction projects. 550 (ii) Such an agreement may permit the cost of a
551 highway construction project to be advanced to the * * * 552 Mississippi Department of Transportation by a county,
553 municipality, county transportation commission, business, 554 corporation, partnership, association, individual or other legal
555 entity, and repaid to such entity by the * * * Mississippi 556 Department of Transportation when highway construction funds 557 become available; provided, however, that repayment of funds
558 advanced to the Mississippi Department of Transportation * * * 559 shall be made no sooner than the * * * department's identified 560 projected revenue schedule for funding of that particular 561 construction project, and no other scheduled highway construction
562 project established by statute or by the * * * department may be 563 delayed by an advanced funding project authorized under this 564 paragraph (z). Repayments to a private entity that advances funds
565 to the Mississippi Department of Transportation * * * under this 566 paragraph (z) may not include interest or other fees or charges,
567 and the total amount repaid shall not exceed the total amount of
568 funds advanced to the * * * department by the entity. 569 (iii) In considering whether to enter into such an
570 agreement, the * * * commissioner shall consider the availability 571 of financial resources, the effect of such agreement on other
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 22 (AJT\EW) 572 ongoing highway construction, the urgency of the public's need for 573 swift completion of the project and any other relevant factors. 574 (iv) Such an agreement shall be executed only upon
575 a finding by the * * * commissioner * * * that the acceleration of 576 the scheduled project is both feasible and beneficial. * * * 577 (aa) The * * * Commissioner of Transportation * * * may 578 purchase employment practices liability insurance for the 579 department, and may purchase an excess policy to cover
580 catastrophic losses incurred under the * * * department's 581 self-insured workers' compensation program authorized under 582 Section 71-3-5. Such policies shall be written by the agent or 583 agents of a company or companies authorized to do business in the 584 State of Mississippi. The deductibles shall be in an amount
585 deemed reasonable and prudent by the * * * department, and the 586 premiums thereon shall be paid from the State Highway Fund. 587 Purchase of insurance under this paragraph shall not serve as an 588 actual or implied waiver of sovereign immunity or of any
589 protection afforded the * * * commissioner and/or department under 590 the Mississippi Tort Claims Act;
591 (bb) The * * * Commissioner of Transportation * * * is
592 further authorized, in * * * his discretion, to expend funds for 593 the purchase of promotional materials for safety purposes, highway 594 beautification purposes and recruitment purposes; 595 (cc) To lease antenna space on communication towers 596 which it owns;
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 23 (AJT\EW) 597 (dd) To receive funds from the Southeastern Association 598 of Transportation Officials and from other nonstate sources and 599 expend those funds for educational scholarships in transportation
600 related fields of study. The * * * commissioner may adopt rules 601 or regulations as necessary for the implementation of the program. 602 A strict accounting shall be made of all funds deposited with
603 the * * * commissioner and all funds dispersed. 604 SECTION 7. Section 65-1-9, Mississippi Code of 1972, which 605 requires the Mississippi Transportation Commission to appoint an 606 Executive Director of the Mississippi Department of 607 Transportation, is repealed.
608 SECTION 8. Section 65-1-10, Mississippi Code of 1972, is 609 amended as follows:
610 65-1-10. * * * The Commissioner of Transportation shall: 611 (a) Unless otherwise provided by law, appoint a 612 director in charge of each operating office of the department who
613 shall be responsible to the * * * commissioner for the operation 614 of such office. Each such director shall be qualified and
615 experienced in the functions performed by the office under his 616 charge;
617 (b) Administer the policies promulgated by the * * * 618 department; 619 (c) Supervise and direct all administrative and 620 technical activities of the department; 621 (d) Organize the offices and bureaus of the department;
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 24 (AJT\EW) 622 (e) Coordinate the activities of the various offices of 623 the department; 624 (f) Fix the compensation of employees of the department 625 and require any employee to give bond to the State of Mississippi
626 for the faithful performance of his duties in an amount the * * * 627 commissioner deems appropriate. Premiums on all bonds so required
628 shall be paid out of any funds available to the department; 629 (g) Recommend such studies and investigations as he may 630 deem appropriate and carry out the approved recommendations in 631 conjunction with the various offices; 632 (h) Prepare and deliver to the Legislature and the 633 Governor on or before January 1 of each year, and at such other 634 times as may be required by the Legislature or Governor, a full
635 report of the work of the department and the offices thereof, 636 including a detailed statement of expenditures of the department
637 and any recommendations the department may have * * *; 638 (i) Have full and general supervision over all matters 639 relating to the construction or maintenance of the state highways,
640 letting of contracts therefor, and the selection of materials to 641 be used in the construction of state highways under the authority
642 conferred by this chapter as herein set forth and the employment, 643 promotion, demotion, reprimand, suspension, termination, 644 reassignment, transfer, moving or relocation of all personnel not
645 specifically authorized by statute to be employed by the * * * 646 department. The * * * commissioner may authorize the payment of
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 25 (AJT\EW) 647 expenses of any personnel reassigned, transferred, moved or 648 relocated in accordance with such rules and regulations as are
649 promulgated by the * * * department; 650 (j) Approve all bids, sign all vouchers and 651 requisitions, issue all orders for supplies and materials, sign 652 all contracts and agreements in the name of the State of
653 Mississippi, and subscribe to all other matters which may arise in 654 the carrying out of the intent and purpose of this chapter; 655 (k) Receive and assume control, for the benefit of the 656 state, of any and all highways herein or hereafter fixed as roads 657 constituting a part of the state highway system; 658 (l) Provide for boulevard stops, restricted entrances 659 to main highways and access driveways, neutral grounds, and
660 roadside parks, erect all suitable direction and warning signs, 661 and provide access roads in or to municipalities where necessary; 662 provide limited access facilities when and where deemed necessary, 663 such a facility being defined as a highway or street especially 664 designed or designated for through traffic and over, from or to
665 which owners or occupants of abutting land or other persons have 666 only such limited right or easement of access as may be prescribed
667 by the * * * department, and provide that certain highways or 668 streets may be parkways from which trucks, buses and other 669 commercial vehicles shall be excluded or may be freeways open to 670 customary forms of highway and street traffic and use, and such 671 limited access facilities or parkways may be planned, designated,
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 26 (AJT\EW) 672 established, regulated, vacated, altered, improved, constructed 673 and maintained and rights-of-way therefor specifically obtained, 674 either by purchase, gift, condemnation or other form of 675 acquisition; 676 (m) Construct bridges with or without footways, and 677 sidewalks where deemed essential to decrease hazards;
678 (n) Perform services for the Department of Finance and 679 Administration on state property, including, but not limited to, 680 engineering services, and to advance such funds to defray the cost 681 of the expenses incurred in performing such services from out
682 of * * * Mississippi Department of Transportation funds until such 683 department is reimbursed by the Department of Finance and 684 Administration;
685 (o) Perform all duties authorized by Section 27-19-136, 686 Mississippi Code of 1972, concerning the assessment and collection 687 of permit fees, fines and penalties.
688 SECTION 9. Section 65-1-11, Mississippi Code of 1972, is 689 amended as follows:
690 65-1-11. The * * * Mississippi Department of Transportation 691 shall employ a chief engineer who shall be a registered civil
692 engineer, a graduate of a recognized school of engineering, and 693 who shall have had not less than five (5) years' actual 694 professional experience in highway construction. The chief
695 engineer shall also be a deputy * * * commissioner of the 696 department with such powers and duties as may be prescribed by
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 27 (AJT\EW) 697 the * * * Commissioner of Transportation. The chief engineer 698 shall give bond in the sum of Fifty Thousand Dollars ($50,000.00) 699 in some surety company authorized to do business in this state, 700 which bond shall be conditioned upon the faithful performance and 701 discharge of his duties. The principal and surety on such bond 702 shall be liable thereunder to the State of Mississippi for double
703 the amount of the value of any money or property which the state 704 may lose, if any, by reason of any wrongful or criminal act of 705 such engineer. The term of office of the chief engineer shall be 706 for a period of four (4) years, unless sooner removed as 707 hereinafter provided, and he shall be eligible for
708 reappointment. * * * 709 SECTION 10. Section 65-1-13, Mississippi Code of 1972, is 710 amended as follows:
711 65-1-13. (1) The * * * Commissioner of Transportation may 712 appoint one (1) deputy * * * commissioner for administration in 713 addition to the deputy * * * commissioner provided for in Section
714 65-1-11. The powers and duties of the deputy * * * commissioner 715 for administration appointed pursuant to this subsection shall be
716 specified by the * * * Commissioner of Transportation and shall 717 include, but not be limited to, the execution on behalf of
718 the * * * commissioner of contracts approved by the * * * 719 commissioner and other documents. The appointment of such
720 deputy * * * commissioner for administration and the powers
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 28 (AJT\EW) 721 specified by the * * * commissioner must be spread upon the 722 minutes of the * * * department to become effective. 723 (2) The * * * Commissioner of Transportation may issue 724 powers of attorney to individuals * * * to execute any documents 725 on behalf of the * * * department and the * * * commissioner as 726 the * * * commissioner considers appropriate to facilitate the 727 efficient implementation of its duties and responsibilities; 728 however, a power of attorney issued under this subsection shall
729 not authorize the execution of contracts approved by the * * * 730 department and commissioner. Powers of attorney issued under this 731 subsection shall specify the limits of the authority to execute 732 documents granted by them. The duration of such powers of
733 attorney shall be for the term of office of the * * * commissioner 734 that issued them. Such powers of attorney may be revoked by
735 the * * * commissioner at any time. 736 SECTION 11. Section 65-1-15, Mississippi Code of 1972, which 737 requires the Mississippi Transportation Commission to employ a 738 secretary, is repealed.
739 SECTION 12. Section 65-1-17, Mississippi Code of 1972, is 740 amended as follows:
741 65-1-17. In the event the department needs additional office 742 space which cannot be provided either in state office buildings,
743 or other state-owned buildings, the * * * department is hereby 744 authorized to rent, on an annual or month-to-month basis on such
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 29 (AJT\EW) 745 terms as it may determine to be proper, such office space as may
746 be necessary. 747 SECTION 13. Section 65-1-20, Mississippi Code of 1972, is 748 amended as follows: 749 65-1-20. The Office of Intermodal Planning in the 750 Mississippi Department of Transportation shall have the following
751 responsibilities with respect to all ports in this state that are 752 not state ports: 753 (a) Study and coordinate efforts designed to promote 754 the development of the navigable waters in the State of 755 Mississippi for water transportation. 756 (b) Encourage and coordinate the development of river 757 and deep-sea ports and harbor facilities, both new and existing.
758 (c) Recommend to the proper officials recreational 759 restrictions in critical commercial navigation areas in order to 760 promote public safety and expedite water transportation. 761 (d) Intercede on behalf of and represent the State of 762 Mississippi in matters pertaining to the application of fees,
763 tolls or user charges levied or contemplated to be levied against 764 the water transportation industry engaged in either intrastate or
765 interstate water commerce. 766 (e) Receive and use any federal, state or private 767 funds, donations and grants made available for the development, 768 use and expansion of water transportation resources of this state; 769 provided that nothing herein shall be deemed to deny or prohibit
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 30 (AJT\EW) 770 any municipal, county, port authority or commission or other 771 governmental or private agency or authority from accepting such 772 donations and grants they are now authorized by law to receive.
773 (f) Assist all state agencies such as the * * * 774 Mississippi Development Authority, the Department of Environmental 775 Quality, and others on any matters pertaining to and concerning
776 the water transportation industry. 777 (g) Compile and provide, where necessary, the 778 capabilities of the Mississippi ports and harbor facilities with 779 respect to equipment, systems or types of products handled, 780 economic benefits, job creation, capital investments, and other 781 pertinent data, including studies and planning for the expansion 782 to further the development of the facilities and the water
783 transportation industry in general. 784 (h) Provide, where necessary, any and all information 785 and data, both individually and/or collectively, to the
786 Legislature, through the * * * Commissioner of Transportation, for 787 the ports and waterways industry within the state.
788 (i) Assist in the formation and presentation of any 789 legislation to promote the development and growth of the waterway
790 industry in the State of Mississippi. 791 No provision of this section shall be construed to give any 792 state agency control over local port commissions or authorities or 793 change any existing laws that such port commissions or authorities 794 presently enjoy to conduct and develop the water transportation
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 31 (AJT\EW) 795 industry, and such existing laws shall not be preempted by this 796 section. No provision of this section shall be construed to 797 authorize any diversion from local port commissions or authorities 798 of fees, funds, donations, grants or monies to which such 799 commissions or authorities are otherwise entitled.
800 SECTION 14. Section 65-1-23, Mississippi Code of 1972, is 801 amended as follows:
802 65-1-23. The * * * Mississippi Department of Transportation 803 is hereby authorized and empowered, in its discretion, to erect 804 and construct upon the land hereinafter described a testing 805 laboratory, machine shops, and other necessary buildings, and to 806 expend for such purpose an amount not to exceed Three Hundred 807 Thousand Dollars ($300,000.00) out of any funds which may be
808 available for such purpose in the State Highway Fund. 809 The State Building Commission is hereby authorized, 810 empowered, and directed to select a suitable tract of land, ten 811 acres in area, from any state-owned lands located in or near the 812 City of Jackson, Mississippi, and not now being used for public
813 purposes. The laboratory shops and other buildings specified in 814 this section shall be erected on the land so selected, which said
815 land is hereby set aside and allocated to the * * * Mississippi 816 Department of Transportation for the purposes herein specified. 817 SECTION 15. Section 65-1-25, Mississippi Code of 1972, is 818 amended as follows:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 32 (AJT\EW) 819 65-1-25. The Mississippi Department of Transportation * * * 820 is hereby authorized and empowered to enter into or ratify 821 agreements with the transportation departments of the adjoining 822 states for the construction or maintenance, or both, of 823 connections on any part of the interstate highway system, state 824 designated highway system or state aid road system at or near the
825 boundaries of the State of Mississippi, the cost of such 826 construction and maintenance to be apportioned between the states 827 according to the benefits to be derived by each of the states as 828 determined by such agreements. 829 The powers conferred by this section are supplemental to the
830 powers of the * * * department now provided by law. 831 SECTION 16. Section 65-1-27, Mississippi Code of 1972, is 832 amended as follows:
833 65-1-27. The Mississippi Department of Transportation * * * 834 is hereby authorized and empowered to enter into or ratify 835 cooperative agreements with the various counties and 836 municipalities in any county through which any of the highways on
837 the interstate highway system, the state designated highway system 838 or the state aid road system may traverse for the construction or
839 maintenance, or both, of connections between such systems and 840 county roads or streets of the municipalities, or interconnections 841 between such systems, the cost of the construction and maintenance 842 of such connections to be apportioned between the Mississippi
843 Department of Transportation * * * and the county or municipality
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 33 (AJT\EW) 844 according to the benefits to be derived by each as determined by 845 such agreement or agreements. 846 The powers conferred by this section are supplemental to the
847 powers of the * * * department now provided by law. 848 SECTION 17. Section 65-1-29, Mississippi Code of 1972, is 849 amended as follows:
850 65-1-29. The authority granted the * * * Mississippi 851 Department of Transportation under provisions of this chapter, 852 shall include the right to enter into agreements with the United 853 States government, or any agency thereof, for the alteration, 854 relocation, reconstruction, or abandonment of state highways or 855 any portion thereof, and conveyance of whatever rights and 856 interests the state owns in property acquired for the purposes of
857 said statutes, or any portion or interest thereof, where the same 858 are necessary for the construction of flood control, navigation, 859 drainage, or National Aeronautics and Space Agency projects 860 approved and adopted by the United States government or any agency 861 thereof.
862 * * * The Mississippi Department of Transportation is hereby 863 empowered to execute a quitclaim deed selling and conveying the
864 above rights and interests. Said deed shall be delivered to the 865 purchaser upon the payment of the consideration agreed upon, and 866 such consideration shall be deposited in the State Treasury to the 867 credit of the State Highway Fund.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 34 (AJT\EW) 868 Such agreements and conveyances shall be upon a consideration
869 deemed reasonable by the * * * Mississippi Department of 870 Transportation and the agency of the United States government 871 affected, provided that no part of this section is intended to 872 alter or change in any way the existing immunity from certain 873 actions of the state or the United States.
874 The consideration above shall include the expense of creating 875 and maintaining any necessary detours, and the same shall be 876 created and maintained as provided in the above mentioned 877 agreement.
878 SECTION 18. Section 65-1-31, Mississippi Code of 1972, is 879 amended as follows: 880 65-1-31. Whereas, the public convenience requires that
881 certain roads located on levees or within the boundaries of flood 882 control districts created and presently maintained by the federal 883 government, or other governmental authorities, be taken over
884 temporarily by the * * * Mississippi Department of Transportation, 885 and whereas, the public purpose for which said flood control
886 districts were established requires that such roads be limited to 887 certain widths and restrictions in the public interest, it is the
888 sense of the Legislature that the * * * Mississippi Department of 889 Transportation should be authorized to take over and maintain such 890 roads as temporary state highways, subject to the restrictions 891 imposed by the governmental authorities establishing such flood 892 control districts.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 35 (AJT\EW) 893 The * * * Mississippi Department of Transportation, 894 therefore, is hereby authorized to take over and maintain as 895 temporary state highways, for such period and under such terms and
896 conditions as said * * * department may in its discretion 897 prescribe, any road designated by the Legislature as a state 898 highway and located on the levee of a flood control district, and
899 in so doing shall not be required to obtain a right of way of more 900 than thirty feet on such type of road, may permit the use of 901 cattle gaps and fencing thereon, and may accept from the federal 902 authorities or other governmental unit having jurisdiction over 903 such flood control district an easement for said road. 904 The purpose of this section is to enable the state to take 905 over temporarily for maintenance roads designated as state
906 highways located on levees and with less than sixty-feet right of 907 way.
908 SECTION 19. Section 65-1-33, Mississippi Code of 1972, is 909 amended as follows:
910 65-1-33. The * * * Mississippi Department of Transportation 911 is hereby authorized to take over, maintain, and operate, as a 912 part of the state highway system under its jurisdiction, any ferry
913 now owned by and operated by, for, or under the authority of any 914 county, county district, or municipality in this state where such 915 ferry is located upon, or is a necessary link of, any designated
916 state highway being maintained by the * * * department, if such 917 county, county district, or municipality will transfer to
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 36 (AJT\EW) 918 said * * * department all property, real and personal, used by it 919 in the operation of such ferry. In event any such ferries be so
920 taken over by the * * * department, no toll or fee shall be 921 charged for the use thereof by the public, and all costs of 922 operation and maintenance shall be paid out of the State Highway 923 Maintenance Fund.
924 Any county, county district, or municipality in this state
925 now owning a ferry which the * * * Mississippi Department of 926 Transportation may desire to take over under the provisions of
927 this section is hereby authorized to transfer to the * * * 928 department any and all property, real and personal, used by it in 929 the operation of such ferry, without further consideration than 930 the acceptance of the same for public use, pursuant to an order of
931 its governing authority. Any such property so taken over by
932 the * * * department which may thereafter become unnecessary to 933 the maintenance of traffic over the highway may be disposed of by
934 the * * * department, in its discretion, and the proceeds paid 935 into the State Highway Maintenance Fund.
936 SECTION 20. Section 65-1-35, Mississippi Code of 1972, is 937 amended as follows:
938 65-1-35. The * * * Mississippi Department of Transportation 939 is hereby authorized and directed to take over for maintenance and 940 construction, with its own funds, any road formerly maintained as 941 a part of the state highway system leading to an air base, which 942 air base is to be reactivated.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 37 (AJT\EW) 943 SECTION 21. Section 65-1-37, Mississippi Code of 1972, is 944 amended as follows:
945 65-1-37. The Mississippi Department of Transportation * * * 946 is hereby authorized and empowered to * * * construct, repair and 947 maintain the driveways and streets on the grounds of the 948 universities and colleges under the jurisdiction of the Board of
949 Trustees of the State Institutions of Higher Learning, state, 950 and/or county supported junior colleges, the state hospitals, and 951 institutions under the jurisdiction of the Board of Trustees of 952 Mental Institutions, the Board of Trustees of the Columbia 953 Training School and the Oakley Youth Development Center, the 954 Mississippi Schools for the Deaf and Blind, and the Mississippi 955 Department of Wildlife, Fisheries and Parks in the manner provided
956 herein, including bypasses to connect said driveways and streets 957 with roads on the state highway system, and the main thoroughfare 958 running east and west through the grounds of the Mississippi 959 Penitentiary, provided said institutions obtain the necessary 960 rights-of-way, said institutions being hereby authorized so to do.
961 The Mississippi Department of Transportation * * * and the 962 governing boards of said institutions shall enter into an
963 agreement prior to undertaking any of the work mentioned in the 964 first paragraph of this section, and said agreement shall be based
965 on the Mississippi Department of Transportation's * * * furnishing 966 equipment, equipment operators, skilled labor, supervision, and 967 engineering services, and the governing bodies of the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 38 (AJT\EW) 968 aforementioned institutions shall furnish material, supplies and 969 common labor. This agreement shall further provide for 970 reimbursement of the Mississippi Department of Transportation, in 971 full, for the expenditures incurred in the construction, repair 972 and maintenance of driveways and streets at the institutions 973 hereinabove mentioned, such reimbursement to be made directly to
974 the Mississippi Department of Transportation * * * from the 975 institutions. Upon the execution of an agreement as set out 976 herein, the Mississippi Department of Transportation may provide 977 all the necessary engineering, supervision, skilled labor, 978 equipment, and equipment operators to perform such work.
979 SECTION 22. Section 65-1-39, Mississippi Code of 1972, is 980 amended as follows:
981 65-1-39. The * * * Mississippi Department of Transportation 982 is hereby authorized and empowered to take over, assume 983 jurisdiction of, maintain, repair, and improve the public highways 984 under the jurisdiction of the department of highways of the State 985 of Louisiana on Australia Island, and to enter into such
986 agreements with the department of highways of the State of
987 Louisiana as the * * * department shall deem necessary, proper,
988 and advisable, provided that the * * * department is reimbursed 989 for the expenditures incurred in the maintenance, repair, and 990 improvement of said roads.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 39 (AJT\EW) 991 The powers conferred by this section are supplementary to the
992 powers of * * * the department now provided by law and are not 993 intended in any wise to conflict with the same.
994 SECTION 23. Section 65-1-41, Mississippi Code of 1972, is 995 amended as follows:
996 65-1-41. The Mississippi * * * Development Authority is 997 hereby authorized and directed to select and designate certain 998 links of roads or highways to connect any and all approved, 999 acceptable and selected industrial sites that may be located at 1000 any point not now accessible to adequate highways and road 1001 facilities, and shall issue a certificate of public convenience 1002 and necessity to the effect that such designated and selected link 1003 of highway or road should be constructed in order to encourage and
1004 promote the industrial development of any port or harbor area or 1005 other industrial site, and shall immediately file such certificate
1006 of public convenience and necessity with the * * * 1007 Mississippi * * * Department of Transportation * * *. However,
1008 the Mississippi * * * Development Authority shall not select and 1009 designate any such link of road or highway until such time as the 1010 department shall have satisfactory evidence that an industry
1011 desires and intends to locate on such site, and that the location 1012 of such industry and the construction of such road or highway is 1013 economically feasible. Construction of any such road shall not 1014 begin until the location and construction of such industry is
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 40 (AJT\EW) 1015 assured and contracts made between the industry and the local 1016 authority. 1017 When a certificate of public convenience and necessity has
1018 been filed with the * * * Mississippi * * * Department of 1019 Transportation as herein required, the * * * department shall 1020 proceed to locate, survey and have constructed such link or
1021 highway or public road in such quality and standards as may be 1022 found to adequately serve such proposed industry.
1023 The Mississippi * * * Development Authority shall not select 1024 or designate any link of public road or highway more than ten (10) 1025 miles long to connect any industrial site, harbor or port facility 1026 with any existing public road or highway, nor shall such board 1027 designate or select any link or links of road in an excess of a
1028 total of two hundred (200) miles of highways or public roads.
1029 * * * The provisions of this section shall not be construed to 1030 alter, change or amend any other statutes of the State of 1031 Mississippi designating highways, state-aid roads or other public 1032 roads, and any limitations placed upon the total miles of such
1033 highways, state-aid roads, or public roads shall not be affected 1034 by the provisions of this section.
1035 SECTION 24. Section 65-1-43, Mississippi Code of 1972, is 1036 amended as follows: 1037 65-1-43. When it is deemed feasible and advisable to promote
1038 the * * * tourism industry of the State of Mississippi by 1039 providing more attractions as would be available in development of
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 41 (AJT\EW) 1040 offshore islands, the Mississippi * * * Department of 1041 Transportation is authorized to make costs and feasibility surveys 1042 for toll highways and bridges to offshore islands.
1043 The * * * department is authorized to employ expert 1044 engineering and economic assistance for such surveys when it is
1045 deemed advisable by the * * * department. The * * * department is
1046 limited to a maximum amount of Fifty Thousand Dollars ($50,000.00) 1047 for the purpose of carrying out the provisions of this section. 1048 In the event that any bonds are issued as a result of the 1049 feasibility surveys authorized under the provisions of this
1050 section, the * * * department shall be reimbursed for all of the 1051 expenditures authorized herein, and said expenditures shall be 1052 paid from the first proceeds of any bond issue herein.
1053 SECTION 25. Section 65-1-45, Mississippi Code of 1972, is 1054 amended as follows:
1055 65-1-45. The * * * Mississippi Department of Transportation 1056 is hereby authorized and empowered to restrict or prohibit the use 1057 of any state highway or bridge or to reduce the allowable weight
1058 permitted on any state highway or bridge when, due to any special 1059 weather or other hazard, such highways or bridges have been
1060 weakened or when such highways have substandard surfacing or weak 1061 bridges due to any cause. Likewise, the board of supervisors of 1062 any county shall have the same regulatory powers as granted
1063 the * * * department in this section. It shall be the duty of 1064 the * * * department and the boards of supervisors of the counties
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 42 (AJT\EW) 1065 to post sufficient warning on any highway or bridge restricted in 1066 any manner, so that such restriction may be understood by the 1067 operator of any vehicle. Any person who shall operate a vehicle 1068 on any highway, road, or bridge when such highway, road, or bridge 1069 is under restriction, in violation of such restriction, shall be 1070 guilty of a misdemeanor and shall be punished in accordance with
1071 the provisions of Section 63-9-11, Mississippi Code of 1972, 1072 providing for the punishment of misdemeanors.
1073 SECTION 26. Section 65-1-46, Mississippi Code of 1972, is 1074 amended as follows: 1075 65-1-46. (1) There is created an Appeals Board of the
1076 Mississippi Department of Transportation * * *. If any person 1077 feels aggrieved by a penalty for excess weight assessed against
1078 him by an agent or employee of the Mississippi Department of 1079 Transportation pursuant to Section 27-19-89, he may apply to the 1080 appeals board. 1081 (2) The members serving on the appeals board on April 7, 1082 1995, shall continue to serve until July 1, 1995. On July 1,
1083 1995, the appeals board shall be reconstituted to be composed of 1084 five (5) qualified people. The initial appointments to the
1085 reconstituted board shall be made no later than June 30, 1995, for 1086 terms to begin July 1, 1995, as follows: One (1) member shall be 1087 appointed by the Governor for a term ending on June 30, 1996, one 1088 (1) member shall be appointed by the Lieutenant Governor for a 1089 term ending on June 30, 1997, one (1) member shall be appointed by
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 43 (AJT\EW) 1090 the Attorney General for a term ending on June 30, 1998, one (1) 1091 member shall be appointed by the Chairman of the State Tax 1092 Commission for a term ending on June 30, 1999, and one (1) member
1093 shall be appointed by the * * * Commissioner of Transportation for 1094 a term ending on June 30, 2000. After the expiration of the 1095 initial terms of the members of the reconstituted board, all
1096 subsequent appointments shall be made for terms of four (4) years 1097 from the expiration date of the previous term. Any member serving 1098 on the appeals board before July 1, 1995, may be reappointed to 1099 the reconstituted appeals board. Appointments to the board shall 1100 be with the advice and consent of the Senate; however, the advice 1101 and consent of the Senate shall not be required for the 1102 appointment of a person to the reconstituted appeals board for a
1103 term beginning on July 1, 1995, if such person was serving as a 1104 member of the appeals board on June 30, 1995, and such person 1105 received the advice and consent of the Senate for that 1106 appointment. 1107 (3) There shall be a chairman and vice chairman of the board
1108 who shall be elected by and from the membership of the board. Any 1109 member who fails to attend three (3) consecutive regular meetings
1110 of the board shall be subject to removal by a majority vote of the 1111 board. A majority of the members of the board shall constitute a 1112 quorum. The chairman, or a majority of the members of the board, 1113 may call meetings as may be required for the proper discharge of 1114 the board's duties. Members of the board, except a member who is
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 44 (AJT\EW) 1115 an officer or employee of the Mississippi Department of 1116 Transportation, shall receive per diem in the amount authorized by 1117 Section 25-3-69, for each day spent in the actual discharge of 1118 their duties and shall be reimbursed for mileage and actual 1119 expenses incurred in the performance of their duties in accordance 1120 with the provisions of Section 25-3-41.
1121 Application shall be made by petition in writing, within 1122 thirty (30) days after assessment of the penalty, for a hearing 1123 and a review of the amount of the assessment. At the hearing the 1124 appeals board shall try the issues presented according to the law 1125 and the facts and within guidelines set by the Mississippi
1126 Department of Transportation * * *. Upon due consideration of all 1127 the facts relating to the assessment of the penalty, the appeals
1128 board, except as otherwise provided under this section or under 1129 Section 27-19-89, may require payment of the full amount of the 1130 assessment, may reduce the amount of the assessment or may dismiss 1131 imposition of the penalty entirely. The appeals board shall 1132 dismiss in its entirety the imposition of any penalty imposed
1133 against the holder of a harvest permit if the permittee proves to 1134 the appeals board, by clear and convincing evidence, that the
1135 average load transported by the permittee during the permittee's 1136 last five (5) haul days immediately preceding the day upon which 1137 the penalty appealed from was assessed did not exceed eighty 1138 thousand (80,000) pounds. The appeals board shall reduce the 1139 penalty assessed against the holder of a harvest permit to a
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 45 (AJT\EW) 1140 maximum of Two Cents (2¢) per pound of overweight if the permittee 1141 proves to the appeals board, by clear and convincing evidence, 1142 that the average load transported by the permittee during the 1143 permittee's last five (5) haul days immediately preceding the day 1144 upon which the penalty appealed from was assessed exceeded 1145 seventy-nine thousand nine hundred ninety-nine (79,999) pounds but
1146 did not exceed eighty-four thousand (84,000) pounds. The board 1147 shall make such orders in the matter as appear to it just and 1148 lawful and shall furnish copies thereof to the petitioner. If the 1149 appeals board orders the payment of the penalty, the petitioner 1150 shall pay the penalty, damages and interest, if any, within ten 1151 (10) days after the order is issued unless there is an application 1152 for appeal from the decision of the board as provided in the
1153 succeeding paragraph. Interest shall accrue on the penalty at the 1154 rate of one percent (1%) per month, or part of a month, beginning 1155 immediately after the expiration of the ten-day period. 1156 If any person feels aggrieved by the decision of the appeals 1157 board, he may appeal the decision to the Chancery Court of the
1158 First Judicial District of Hinds County.
1159 SECTION 27. Section 65-1-47, Mississippi Code of 1972, is 1160 amended as follows:
1161 65-1-47. The * * * Mississippi Department of Transportation 1162 shall have complete authority to issue rules, regulations and
1163 orders under which the * * * Mississippi Department of 1164 Transportation shall have control and supervision, with full power
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 46 (AJT\EW) 1165 and authority under rules, regulations and orders issued by
1166 the * * * department, to locate, relocate, widen, alter, change, 1167 straighten, construct or reconstruct any and all roads on the 1168 state highway system heretofore or hereafter taken over by it for 1169 maintenance as a part of such system, and shall have full and 1170 complete authority for regulating the making of all contracts,
1171 surveys, plans, specifications and estimates for the location, 1172 laying out, widening, straightening, altering, changing, 1173 constructing, reconstructing and maintaining of and the securing 1174 of rights-of-way for any and all such highways, and to authorize
1175 the employees of the * * * Mississippi Department of 1176 Transportation to enter upon private property for such purposes.
1177 The * * * Mississippi Department of Transportation, under the
1178 rules, regulations and orders spread upon the minutes of the * * * 1179 Mississippi Department of Transportation, is authorized and 1180 empowered to obtain and pay for the rights-of-way of such width as 1181 it may determine to be necessary for such highway or for any 1182 alteration or change therein or relocation thereof by agreement
1183 with the owners of such lands. Rights-of-way of not less than 1184 sixty (60) feet wide shall be acquired except within the
1185 boundaries of towns and cities where unusual conditions exist, in
1186 which case the * * * department is authorized and empowered to 1187 have obtained and paid for such rights-of-way of such width as it
1188 may determine to be necessary. * * * The department may have 1189 condemned any and all land or other property needed for such
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 47 (AJT\EW) 1190 purposes or either of them; may have condemned or acquired by gift 1191 or purchase lands containing road building materials and develop 1192 and operate pits, mines or other properties for the purpose of 1193 obtaining road material; and have condemned or acquired by gift or 1194 purchase lands necessary for the safety and convenience of 1195 traffic.
1196 * * * The department, in case an agreement cannot be reached 1197 with the owners of land containing road building materials or of 1198 any additional land necessary for widening any existing public 1199 highways, for laying out a new public highway, or for changing the 1200 route of an existing public highway, as provided in the foregoing 1201 part of this section, shall be authorized to have condemned any 1202 land needed for either of said purposes, as is fully set forth in
1203 this section. The proceedings to acquire such lands by a 1204 condemnation shall be in conformity with the statutes on the 1205 subject of "eminent domain," the power of eminent domain being
1206 hereby expressly conferred upon * * * the department for such 1207 purposes. Such proceedings shall take precedence over all other
1208 causes not involving the public interest in all courts and shall 1209 be given preference to the end that construction and
1210 reconstruction of highways hereunder may not be unreasonably 1211 delayed. The amount of such compensation and damages, if any, 1212 awarded to the owner in such proceedings shall be paid out of the 1213 State Highway Fund. The authorities constructing such highway, 1214 under the authority as provided in this section, shall use
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 48 (AJT\EW) 1215 diligence to protect growing crops and pastures and to prevent 1216 damage to any property not taken. So far as possible, all 1217 rights-of-way shall be acquired or contracted for before any 1218 construction contract work order is issued.
1219 The estate which the * * * Mississippi Department of 1220 Transportation is authorized to acquire by deed or condemnation as 1221 set forth above shall include all rights, title and interest in 1222 and to the lands or property being acquired, excepting and 1223 excluding all the oil and gas therein or thereunder and such other 1224 rights, title or interest which are expressly excepted and 1225 reserved to the property owner, his successors, heirs or assigns 1226 in the deed or condemnation petition by which the property is 1227 acquired. Any property interest acquired may be in unlimited
1228 vertical dimension. The * * * Mississippi Department of 1229 Transportation shall decide what right, title and interest are 1230 necessary for highway purposes on each particular project and may, 1231 by order on its minutes, authorize its agents to expressly except 1232 all or any others.
1233 SECTION 28. Section 65-1-49, Mississippi Code of 1972, is 1234 amended as follows:
1235 65-1-49. The conveyance or assignment of easements for 1236 highway purposes may be made by the owner thereof to the
1237 Mississippi * * * Department of Transportation or the board of 1238 supervisors of any county for highway purposes. All actions by 1239 any person owning any interest in the land involved in such
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 49 (AJT\EW) 1240 conveyance or assignment accruing as a result thereof must be 1241 brought within three (3) years after the date of such conveyance 1242 or assignment; provided, however, that the land involved is 1243 actually used for highway purposes or notice is posted thereon 1244 that it will be used for highway purposes within said three-year 1245 period, otherwise said period shall be six (6) years from the date
1246 of such conveyance or assignment. 1247 The procedure provided hereby with reference to the 1248 conveyance or assignment of easements is supplemental to all 1249 rights and powers now authorized for and existing under the
1250 present law in said * * * department and boards, and is not 1251 intended as a limitation on same in any manner. 1252 SECTION 29. Section 65-1-51, Mississippi Code of 1972, is 1253 amended as follows:
1254 65-1-51. The Mississippi Department of Transportation * * * 1255 may acquire by gift, purchase or otherwise, and may * * * improve 1256 and maintain strips of land necessary for the restoration, 1257 preservation and enhancement of scenic beauty adjacent to the
1258 state highway rights-of-way. The * * * department may acquire 1259 and * * * develop publicly owned and controlled rest and 1260 recreation areas and sanitary and other facilities within or 1261 adjacent to the highway right-of-way reasonably necessary to 1262 accommodate the traveling public.
1263 The Mississippi Department of Transportation * * *, in its 1264 discretion, may acquire by gift, purchase or otherwise, including
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 50 (AJT\EW) 1265 the exercise of eminent domain, public or privately owned wetlands 1266 and other lands suitable for creation as wetlands for the purpose 1267 of mitigating wetland losses and replacing those wetlands 1268 purchased and damaged or eliminated by development and use, on a 1269 basis not to exceed that required by the Federal Highway 1270 Administration as a condition for receiving federal aid funds,
1271 provided that some governmental agency or approved organization 1272 agrees, without compensation, to accept title to the lands 1273 acquired and maintain such lands as wetlands in perpetuity.
1274 However, the * * * department shall replace those coastal wetlands 1275 purchased and damaged or eliminated by development and use on the 1276 basis required by the "Coastal Wetlands Protection Law" and 1277 regulations promulgated thereunder by the Mississippi Commission
1278 on Marine Resources.
1279 The Mississippi Department of Transportation * * *, in its 1280 discretion, may acquire by gift, purchase or otherwise, wetlands 1281 credits from an approved organization with a plan establishing a
1282 wetland mitigation bank. The * * * department shall, if possible, 1283 acquire credits on wetlands within the State of Mississippi before 1284 acquiring credits on wetlands located outside the State of
1285 Mississippi.
1286 SECTION 30. Section 65-1-57, Mississippi Code of 1972, is 1287 amended as follows:
1288 65-1-57. It shall be the duty of the * * * Mississippi 1289 Department of Transportation to issue rules and regulations for
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 51 (AJT\EW) 1290 the * * * Mississippi Department of Transportation to construct 1291 all secondary roads, when taken over for construction and 1292 maintenance, up to such standard of specifications and with such
1293 surfacing material as the * * * department may determine from a 1294 traffic census of the use and importance thereof as would be 1295 justified from a standpoint of economy and convenience to the
1296 traveling public. To this end the * * * department is authorized, 1297 in dealing with said secondary roads, to * * * place surfacing 1298 material on said secondary roads. All secondary roads shall be 1299 constructed and maintained with a view of being eventually hard 1300 surfaced as provided for primary roads.
1301 SECTION 31. Section 65-1-59, Mississippi Code of 1972, is 1302 amended as follows:
1303 65-1-59. (1) It shall be the duty of the Mississippi
1304 Department of Transportation * * * to carry out all contracts and 1305 agreements, including federal-aid projects and agreements under 1306 the County Highway Aid Law of 1946, being Sections 65-11-1 through 1307 65-11-37, heretofore made or entered into with any county,
1308 subject, however, to applicable rules and regulations of the
1309 Federal Highway Administration. It shall be the duty of the * * *
1310 Mississippi Department of Transportation * * * to maintain all 1311 state highways now under maintenance or hereafter taken over for 1312 maintenance, the purpose of this provision being to preserve the 1313 status quo of all state highways insofar as such highways have 1314 been taken over and control and jurisdiction has been assumed by
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 52 (AJT\EW) 1315 the * * * Mississippi Department of Transportation * * *; however, 1316 except as otherwise provided in this section, if any highway or 1317 link of highway is removed from the state highway system by 1318 legislative act or by relocation or reconstruction, it shall no
1319 longer be maintained by or be under the jurisdiction of the * * * 1320 Mississippi Department of Transportation * * *, but shall be 1321 returned to the jurisdiction of the board of supervisors of the 1322 county or governing authorities of the municipality through which 1323 such road runs. Except as to segments of highways shorter than 1324 three (3) miles which have been or which are hereafter replaced
1325 through curve straightening or minor realignment, the * * * 1326 Mississippi Department of Transportation * * * shall maintain as 1327 state highways all portions of U.S. highways that either before or
1328 after July 1, 1989, have been or are replaced and constructed as a 1329 part of the interstate highway system, or four-lane primary 1330 system, or which are replaced and constructed or are designated to
1331 be replaced and constructed as part of the highway system under 1332 Section 65-3-97, including portions of all such highways so
1333 replaced, or which under Section 65-3-97 are designated to be 1334 replaced, by municipal bypasses; and such highways and portions
1335 thereof shall be continued to be maintained as a part of the 1336 Mississippi state highway system until removed from such system by 1337 legislative act. All such highways and portions thereof which, by 1338 virtue of the provisions of this section, are returned on or after 1339 July 1, 1989, to the jurisdiction of the Mississippi Department of
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 53 (AJT\EW) 1340 Transportation * * * shall be maintained by the * * * department 1341 only to the traffic capacities existing at the time that they are 1342 returned and any subsequent traffic capacity improvements or other 1343 improvements desired by the county or municipality within which 1344 such highway or portion thereof is located shall be performed in
1345 accordance with highway standards approved by the * * * department 1346 and the expenses for making such improvements shall be paid by the 1347 county or municipality; however, all highways and portions thereof 1348 so improved by the county or municipality shall thereafter be
1349 maintained by the Mississippi Department of Transportation * * *. 1350 Before any highway or portion thereof is returned to the * * * 1351 department under this section, the county or municipality having 1352 jurisdiction thereof shall remove or cause to be removed by July
1353 1, 1991, all right-of-way encroachments along the entire length of
1354 the highway or portion thereof which are not permitted by * * * 1355 Mississippi Department of Transportation policies and rules and 1356 regulations adopted pursuant to state and federal law. Any such 1357 encroachments may be allowed to remain only by permits issued by
1358 the Mississippi Department of Transportation * * * in the manner 1359 and subject to the same conditions for the issuance of permits for
1360 similar encroachments on other highways on the state highway 1361 system. If traffic counts indicate that any highway or portions
1362 thereof placed under the jurisdiction of the * * * department 1363 under the provisions of this section no longer form a substantial
1364 part of the state highway system, the * * * department may request
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 54 (AJT\EW) 1365 the Legislature to remove such highways or portions thereof from 1366 the state highway system and return said roads for maintenance to 1367 the county or municipality in which they are located, as provided
1368 in subsection (2) of this section. The highways which the * * * 1369 department is required to continue to maintain by virtue of the 1370 provisions of this section shall be in addition to the total
1371 mileage limitation of eight thousand six hundred (8,600) miles 1372 provided in Section 65-3-3.
1373 (2) The Mississippi Department of Transportation * * * 1374 shall, no later than October 1, 1981, and October 1 each year 1375 thereafter, furnish the Transportation Committee of the House of 1376 Representatives and the Highways and Transportation Committee of 1377 the Senate a recommendation for deletion of those highways or
1378 sections of highways which should be removed from the system.
1379 SECTION 32. Section 65-1-61, Mississippi Code of 1972, is 1380 amended as follows: 1381 65-1-61. It shall be the duty of the Mississippi Department
1382 of Transportation * * * to construct, reconstruct and maintain, at 1383 the cost and expense of the state, all highways under its 1384 jurisdiction up to such standards and specifications and with such
1385 surfacing material as the * * * department may determine, such 1386 paving to be done for each project as rapidly as funds are made 1387 available therefor and, as nearly as practicable, immediately upon 1388 the completion of all work performed pursuant to grade, drainage 1389 and bridge contracts for the project. Such paving shall be done
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 55 (AJT\EW) 1390 in the order of the relative use and importance of said highways, 1391 as may be determined by the present and future traffic censuses 1392 thereof and other criteria, taking into consideration their 1393 present and future use, convenience, public necessity, public 1394 safety, the recorded maintenance expense, and their availability 1395 as highways through the state. The type of the paving and
1396 surfacing of such highways shall be determined by the * * * 1397 department, after a complete study of the traffic requirements 1398 based upon the present and future traffic censuses, taking into 1399 consideration the factors above set forth. However, no highways 1400 shall be constructed, reconstructed, or maintained out of any 1401 patented paving material, regardless of what kind, on which a
1402 direct royalty is paid by the * * * department or any contractor;
1403 and the * * * department shall not have included in the plans or 1404 specifications for constructing, reconstructing, or maintenance of 1405 any highway the requirements that any material used or specified 1406 shall be laid under any process patented requiring the payment of 1407 a direct royalty for use of such process or patent.
1408 SECTION 33. Section 65-1-63, Mississippi Code of 1972, is 1409 amended as follows:
1410 65-1-63. The * * * Mississippi Department of Transportation 1411 shall construct, with its own funds, into each county seat in the 1412 State of Mississippi which now has no paved access road, a paved 1413 road which will connect said county seat with an existing paved 1414 road.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 56 (AJT\EW) 1415 SECTION 34. Section 65-1-65, Mississippi Code of 1972, is 1416 amended as follows:
1417 65-1-65. It shall be the duty of the * * * Mississippi 1418 Department of Transportation to maintain all highways which have
1419 been or which may be hereafter taken over by the * * * Mississippi 1420 Department of Transportation for maintenance in such a way as to
1421 afford convenient, comfortable, and economic use thereof by the 1422 public at all times. To this end it shall be the duty of
1423 the * * * commissioner, subject to the rules, regulations and 1424 orders of the * * * department as spread on its minutes, to 1425 organize an adequate and continuous patrol for the maintenance, 1426 repair, and inspection of all of the state-maintained state 1427 highway system, so that said highways may be kept under proper
1428 maintenance and repair at all times.
1429 SECTION 35. Section 65-1-67, Mississippi Code of 1972, is 1430 amended as follows:
1431 65-1-67. The * * * Mississippi Department of Transportation 1432 shall trim with edge lines, of a color and in a manner which
1433 conforms with uniform national standards relating thereto which 1434 have been adopted by the Federal Highway Administration, the edges
1435 of all state-designated hard-surfaced highways which are 1436 constructed of asphaltic material, in the interest of public
1437 safety on said highways. The * * * department shall utilize its 1438 engineers and other * * * employees and * * * expend available
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 57 (AJT\EW) 1439 public funds for carrying out the intent and purposes of this 1440 section. 1441 Except as necessary to accommodate reconstruction, no road or 1442 highway shall be opened for public use until the department has
1443 complied with the provisions of this section; however, the * * * 1444 Mississippi Department of Transportation may permit segments of
1445 roads under contract for maintenance, construction or 1446 reconstruction to be open for public use when temporary center 1447 line markings are installed. Roadside pennant signs may be used 1448 in place of temporary center line markings in no passing lanes on 1449 seal-coated roads. All such temporary center lines or roadside 1450 pennant signs shall, as nearly as practicable, be in place before 1451 work is discontinued for the day or as soon thereafter as weather
1452 conditions permit.
1453 SECTION 36. Section 65-1-69, Mississippi Code of 1972, is 1454 amended as follows: 1455 65-1-69. Whenever any railroad and state highway or part 1456 thereof shall cross each other at the same level and, in the
1457 opinion of the * * * Mississippi Department of Transportation, 1458 such crossing is dangerous to public safety or traffic is
1459 unreasonably impeded thereby and such crossing should be removed,
1460 the * * * Mississippi Department of Transportation may order such 1461 crossing eliminated either by having the * * * Mississippi 1462 Department of Transportation carry such state highway under or 1463 over the tracks of such railroad.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 58 (AJT\EW) 1464 The plans covering such proposed changes may be made either
1465 by the * * * Mississippi Department of Transportation * * * or the 1466 railroad company affected, but shall in either event be approved
1467 by both the * * * department and the railroad company before 1468 contract is awarded; but such provision shall not be used to 1469 unreasonably delay the construction of any proposed structure.
1470 When plans have been approved, such proposed work shall be 1471 advertised and contract awarded as elsewhere provided in this 1472 chapter for the advertising and awarding of contracts. Joint
1473 supervision of construction may be had by both the * * * 1474 Mississippi Department of Transportation and the railroad company.
1475 The * * * Mississippi Department of Transportation and the 1476 railroad company shall pay equal parts of the cost of any
1477 underpass or overpass across the right-of-way of the railroad 1478 company. Such work shall be so planned and prosecuted as to allow 1479 the safe and regular operations of trains at every stage of the 1480 work.
1481 Appeals from decisions or determinations of the * * *
1482 Mississippi Department of Transportation may be made by any party 1483 affected under this section, and the procedure for such appeal
1484 shall be the same as is provided by law for appeals from decisions 1485 and determinations of the boards of supervisors.
1486 SECTION 37. Section 65-1-70.5, Mississippi Code of 1972, is 1487 amended as follows:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 59 (AJT\EW) 1488 65-1-70.5. The provisions of Section 65-1-70 shall not 1489 impute any liability of any kind or nature to the
1490 Mississippi * * * Department of Transportation, or its agents, 1491 servants or employees.
1492 SECTION 38. Section 65-1-71, Mississippi Code of 1972, is 1493 amended as follows:
1494 65-1-71. The * * * Commissioner of Transportation is hereby 1495 authorized to close highways for construction purposes and in 1496 emergencies, and shall select, lay out, maintain, and keep in as 1497 good repair as possible suitable detours by the most practicable 1498 route, where same are necessary for the public convenience while 1499 any sections of said highways or roads are being improved or
1500 constructed or closed. The * * * commissioner shall place or 1501 cause to be placed explicit directions to the traveling public 1502 during repair of said highway or road under process of 1503 construction. As far as practical roads already laid out shall be 1504 connected with and used for such detours.
1505 The * * * Commissioner of Transportation is hereby
1506 authorized * * * to enter into agreements, spread on the minutes 1507 of both boards, with the local road authorities of the county or
1508 counties in which construction or maintenance work is to be done, 1509 to pay all or any part of the cost of laying out or maintaining 1510 said detours. All expenses to the state of laying out and 1511 maintaining said detours shall be paid out of the state highway
1512 funds. The * * * commissioner is also authorized * * * to make
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 60 (AJT\EW) 1513 reasonable rules and regulations to keep highways under 1514 construction open to traffic where such action is deemed to be 1515 practical and desirable. 1516 If any county-maintained road or municipally-maintained 1517 street is used temporarily as a part of a state highway detour, it
1518 shall be the duty of the * * * department, when said detour is 1519 abandoned as such, to place the same in as good condition as said 1520 road or street was when its use as a detour began.
1521 SECTION 39. Section 65-1-73, Mississippi Code of 1972, is 1522 amended as follows:
1523 65-1-73. The * * * Mississippi Department of Transportation 1524 may repair any paved city streets used as a detour subsequent to 1525 the year 1944 for any United States numbered highway while the
1526 same was under construction or reconstruction, provided such paved
1527 city streets were marked by the * * * department as such detour. 1528 The extent of the repairs authorized hereby shall be to place such 1529 streets in as good condition as the same were at the time their 1530 use as such detour began, and is supplemental to the authority
1531 provided by Section 65-1-71.
1532 SECTION 40. Section 65-1-75, Mississippi Code of 1972, is 1533 amended as follows: 1534 65-1-75. (1) The Mississippi Department of
1535 Transportation * * * is authorized and empowered to * * * locate, 1536 construct, reconstruct and maintain any designated state highway 1537 under its jurisdiction to, through, across or around any
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 61 (AJT\EW) 1538 municipality in the state, regardless of the width of the street 1539 between curbs; and in so locating it is fully empowered to follow 1540 the route of the existing street or to depart therefrom, as in its 1541 discretion it deems advisable, and to obtain and pay for the 1542 necessary rights-of-way, as provided in Section 65-1-47. The 1543 municipality in which such construction is to be undertaken is
1544 likewise authorized to acquire rights-of-way on any such streets 1545 or on any newly located routes, either by purchase, gift or 1546 condemnation. Such rights-of-way may be acquired by either the
1547 municipality or the Mississippi Department of Transportation * * * 1548 and the cost thereof may be borne by either or both as may be 1549 mutually agreed upon. In any event such municipality may be
1550 required to save the * * * department harmless from any claims for 1551 damages arising from the construction of the highway through such 1552 municipality, including claims for rights-of-way, change of grade 1553 line, interference with public structures, and any and all damages 1554 so arising. Municipalities may secure additional improvements by
1555 payment of the additional cost of same. The * * * department may 1556 require such municipality to cause to be laid all water, sewer, 1557 gas or other pipelines or conduits, together with all necessary
1558 house or lot connections or services, to the curb line of such
1559 road or street to be constructed, and the * * * department is 1560 authorized to refuse to * * * lay such pipelines or conduits 1561 beneath such roads or streets until the municipality has laid same
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 62 (AJT\EW) 1562 or entered into an agreement to reimburse the * * * department for 1563 the expense thereby incurred. 1564 (2) All construction of state highways in or through 1565 municipalities, where done at the cost and expense of the state, 1566 whether heretofore or hereafter, shall be maintained in the same 1567 manner and to the same extent as is construction on state highways
1568 outside the limits of municipalities to the end that investment of 1569 the state in such highway so constructed may be preserved and 1570 maintained; and all reasonable rules and regulations with 1571 reference to the preservation and maintenance of such highways 1572 constructed at state expense, whether within or without municipal
1573 limits, may be promulgated by the * * * department, except that it 1574 shall have no power to promulgate police regulations contrary to
1575 existing law. On any municipal streets or parts or sections 1576 thereof taken over for regular maintenance and maintained by the 1577 department as a part of the state highway system, the municipality 1578 shall not be liable for negligence occasioned by the maintenance 1579 or repair of such streets thus apportioned to and of such width as
1580 is maintained by the department. The municipality shall have full 1581 control and responsibility beyond the curb lines of any designated
1582 highway or street, whether heretofore or hereafter so designated, 1583 (except the interstate system) located within its present or 1584 future expanded municipal corporate limits, regardless of the 1585 ownership of the right-of-way, including, but not limited to, the 1586 construction and maintenance of sidewalks, grass mowing and
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 63 (AJT\EW) 1587 drainage systems; however, the department may utilize the
1588 right-of-way purchased by the * * * department without any 1589 additional cost or permission. 1590 The municipality shall not allow any encroachments, signs or 1591 billboards to be erected or to remain on state-owned rights-of-way 1592 on any designated highway within its corporate limits without the
1593 consent of the * * * department. The municipality, at its own 1594 expense, shall provide street illumination and shall clean all
1595 streets, including storm sewer inlets and catch basins. The * * * 1596 department may enter into an agreement with the municipality or 1597 with a private entity to sweep and clean the designated highways
1598 within or without the corporate limits. The * * * department may, 1599 at state expense, provide illumination and may clean all
1600 interstate highways within the corporate limits of any 1601 municipality. The right of the municipality to grant franchises 1602 over, beneath and upon such streets is specifically retained, but 1603 the municipality shall require every grantee of a franchise to 1604 restore, repair and replace to its original condition any portion
1605 of any such street damaged or injured by it; however, permission 1606 to open the surface of any municipal street maintained by the
1607 department must be obtained from both the * * * department and the 1608 municipality concerned before any such opening is made. Each 1609 municipality shall retain full police power over its streets, 1610 particularly as to regulating and enforcing traffic and parking 1611 restrictions on such streets, but any traffic control and parking
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 64 (AJT\EW) 1612 regulations repugnant to state law shall be null and void.
1613 The * * * department shall erect, control and maintain all highway 1614 route markers and directional signs on such streets at state
1615 expense. The * * * department, at state expense, shall * * * 1616 install, operate, maintain, control, and have full jurisdiction 1617 over, all traffic control devices, including, but not limited to,
1618 signals, signs, striping and lane markings on state highway 1619 streets in municipalities having a population of twenty thousand 1620 (20,000) or less according to the current United States census; 1621 but municipalities over twenty thousand (20,000) population 1622 according to such census shall install, operate, maintain and 1623 control such devices at their own expense, subject to approval of
1624 the * * * department regarding operations, method of installation 1625 and type only. Municipalities having a population of five 1626 thousand (5,000) or more but less than twenty thousand (20,000) 1627 according to the most recent federal census shall only be 1628 responsible for electrical operating costs; and all other costs 1629 for the installation, operation and maintenance of traffic control
1630 devices, including the changing of signal bulbs in traffic signal 1631 lights, shall be the responsibility of the Mississippi Department
1632 of Transportation * * *. The * * * department may purchase at 1633 state expense and install traffic control devices in 1634 municipalities over twenty thousand (20,000) population and donate 1635 them to the municipalities for operation and maintenance whenever
1636 it appears to the * * * department that, in the interest of safety
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 65 (AJT\EW) 1637 or convenience of the motoring public, any of the devices should
1638 be upgraded, replaced or removed. Any revenue from parking meters 1639 on any such streets shall be controlled by and belong to the 1640 municipality. 1641 (3) The maintenance of all streets within the limits of any 1642 municipality in this state, regardless of size, which are
1643 presently being regularly maintained, in whole or in part, by the 1644 department at state expense as a part or parts of any designated 1645 state highway shall be continued. Whenever any state highway runs 1646 into or through the corporate limits of any municipality, the 1647 municipal street or the street utilized and marked as a part of 1648 any such state highway may be a part of the state highway system 1649 and may be maintained by the department; however, such route
1650 through any municipality shall be selected by the * * * 1651 department * * * describing all such routes, and such route or 1652 routes may be changed, relocated or abandoned by the * * * 1653 department from time to time, all under the provisions, terms and
1654 conditions herein provided, but the * * * department shall 1655 maintain only one (1) route of any highway through a municipality. 1656 Upon relocation of such state highway or abandonment thereof, the
1657 municipal street formerly used as a state highway shall thereby 1658 return to the jurisdiction of, and maintenance by, the 1659 municipality.
1660 SECTION 41. Section 65-1-77, Mississippi Code of 1972, is 1661 amended as follows:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 66 (AJT\EW) 1662 65-1-77. The * * * Mississippi Department of Transportation 1663 and the counties and municipalities of the state are hereby 1664 authorized to enter into agreements for highway and street 1665 projects which are a part of an overall plan to be administered 1666 under the provisions of Title 23, United States Code. Such 1667 agreements may provide for traffic engineering assistance to the
1668 local governments for the development by the * * * Mississippi 1669 Department of Transportation of records systems for local roads 1670 and streets. The counties and municipalities of the state are
1671 authorized to deposit with the * * * Mississippi Department of 1672 Transportation the federal aid matching requirement for the 1673 project from any available fund. The county and/or municipal 1674 share and the federal share will be handled in the manner provided
1675 therefor in Section 65-9-17. The county will be required to 1676 fulfill its obligation for maintenance of any project constructed 1677 under this authorization in the same manner required of or for any 1678 state aid road. It shall be the duty of the municipal officials 1679 of any incorporated city entering into this agreement to properly
1680 maintain and operate any completed project or improvement on the 1681 municipal street system. It shall be the duty of the Chief
1682 Engineer of the * * * Mississippi Department of Transportation and 1683 his assistants to make at least annual maintenance inspections of 1684 completed projects and such other periodic inspections as he shall 1685 deem necessary. If essential maintenance is not properly and 1686 regularly done in the opinion of the chief engineer, then notice
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 67 (AJT\EW) 1687 shall be given by the * * * Mississippi Department of 1688 Transportation in writing to the county or municipality in fault; 1689 and, if such maintenance is not done and continued within sixty
1690 (60) days from the date of such notice, then the * * * Mississippi 1691 Department of Transportation may proceed to have done the 1692 necessary maintenance and repair work on such street and have the
1693 cost of same credited to the State Highway Fund from any fund 1694 available to the county or municipality within the State Treasury.
1695 SECTION 42. Section 65-1-79, Mississippi Code of 1972, is 1696 amended as follows:
1697 65-1-79. The * * * Mississippi Department of Transportation 1698 is authorized to enter into agreements with the United States of 1699 America for the purpose of securing federal aid funds when
1700 available under the provisions of Title 23, United States Code. 1701 The federal aid received under this authorization may be used on 1702 roads and streets, either on or off the designated highway system
1703 or designated state aid system. The * * * department is given the 1704 power and authority to approve the system of roads and streets
1705 when the approval of such system(s) establishes the eligibility 1706 for these roads and streets for federally funded projects when the
1707 necessary matching requirement of the federal aid is supplied by 1708 the political subdivision wherein the system or project lies.
1709 The * * * department is further vested with full authority to 1710 determine the priority of the expenditure of these funds and to
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 68 (AJT\EW) 1711 approve the priority of improvements financed as a result of such 1712 authorization.
1713 SECTION 43. Section 65-1-81, Mississippi Code of 1972, is 1714 amended as follows: 1715 65-1-81. (1) Any municipality in the State of Mississippi, 1716 into or through which a designated state highway runs or is
1717 proposed to be run by the * * * Mississippi Department of 1718 Transportation, may, within the discretion of its governing
1719 authorities, contribute funds to the * * * department for the 1720 purpose of aiding in the building or construction of such highway, 1721 including the construction of necessary bridges, in an amount to
1722 be determined by agreement in writing between the * * * department 1723 and the governing authority of such municipality and entered in
1724 their respective minutes; but in no event shall such contribution 1725 exceed one-half (1/2) of one (1) per centum of the total assessed 1726 valuation of such municipality, according to the last completed 1727 assessment roll of the taxable property therein. 1728 (2) Any county within the State of Mississippi, into or
1729 through which a designated state highway runs or is proposed to be
1730 run by the * * * Mississippi Department of Transportation, whether 1731 within or without a municipality, may, within the discretion of
1732 its board of supervisors, contribute funds to the * * * department 1733 for the purpose of aiding in the building or construction of such 1734 highway, including the construction of necessary bridges, in an
1735 amount to be determined by agreement in writing between the * * *
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 69 (AJT\EW) 1736 department and the board of supervisors of such county and entered 1737 in their respective minutes; but in no event shall such 1738 contribution exceed one-fifth (1/5) of one (1) per centum of the 1739 total assessed valuation of such county, according to the last 1740 completed assessment roll of the taxable property therein. 1741 (3) Any municipality or county, exercising any of the powers
1742 granted herein, is hereby authorized and empowered to issue 1743 general obligation bonds to provide funds for the aforesaid 1744 purpose. Any municipality issuing such bonds shall proceed in 1745 compliance with the provisions of Sections 21-33-301 through 1746 21-33-329, Mississippi Code of 1972, and any county issuing such 1747 bonds shall proceed in compliance with the provisions of Sections 1748 19-9-1 through 19-9-31, Mississippi Code of 1972, and all such
1749 bonds shall be sold in the manner provided by Section 31-19-25, 1750 Mississippi Code of 1972. However, where a municipality and 1751 county jointly obligate themselves to make contributions to
1752 the * * * Mississippi Department of Transportation, as provided 1753 herein, such municipality and such county may enter into an
1754 agreement to be spread on the minutes of the board of supervisors 1755 of such county and the minutes of the governing authority of such
1756 municipality, under which the municipality may issue bonds to 1757 raise funds for both the municipality and county, or the county 1758 may issue bonds to raise funds for both the county and 1759 municipality. Any such agreement may provide that in lieu of 1760 issuing its bonds hereunder, the municipality or the county, as
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 70 (AJT\EW) 1761 the case may be, may contribute money to the other annually or 1762 semiannually in such amount and for such period of time as may be 1763 agreed upon by the two governing authorities, for the purpose of 1764 retiring its portion of the bonds issued by the other; and the 1765 obligation assumed by the nonissuing authority may be pledged in 1766 addition to the full faith, credit, and resources of the issuing
1767 authority for the payment of such bonds as they mature and the 1768 interest thereon as it may accrue. Both the municipality and the 1769 county, by their respective governing authorities, are hereby 1770 authorized and empowered to levy and collect the necessary ad 1771 valorem taxes on all taxable property within their respective 1772 jurisdictions sufficient to retire such bonds, or to provide funds 1773 to contribute to the other authority, as required by the aforesaid
1774 agreement; when any county shall be required to make a 1775 contribution to a municipality under the terms of this section, 1776 such contribution may be made from the proceeds of a tax to be 1777 levied pursuant to the provisions of Section 65-15-7, as the same 1778 now exists or may hereafter be amended, or from any source or
1779 sources available to such county. In the event that the required 1780 funds or any part thereof are thus provided, the annual ad valorem
1781 tax hereinabove provided for may be correspondingly reduced. Any 1782 bonds issued by any municipality or any county under the terms and 1783 provisions of this section, or any pledge of contributions made by 1784 any county or municipality, shall be excepted from all limitations 1785 of indebtedness prescribed by any general or special law and shall
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 71 (AJT\EW) 1786 not be considered in applying any present or future limitations of 1787 indebtedness. This section is cumulative and is in addition to 1788 any authority now exercised by counties and municipalities under 1789 any other law relating to either. 1790 (4) Any tax levy made to service the bonds authorized to be 1791 issued under authority of this section shall not be refundable
1792 under the homestead exemption laws of this state.
1793 SECTION 44. Section 65-1-83, Mississippi Code of 1972, is 1794 amended as follows:
1795 65-1-83. The * * * Mississippi Department of Transportation 1796 shall cooperate with the United States Department of 1797 Transportation, as necessary, in the taking of a traffic census 1798 and the making of other surveys, inspections or studies as said
1799 federal agency may request or require pertaining to or on the 1800 state highway system and such other roads, bridges and highways 1801 within this state as it may deem advisable.
1802 SECTION 45. Section 65-1-85, Mississippi Code of 1972, is 1803 amended as follows:
1804 65-1-85. (1) All contracts by or on behalf of the * * * 1805 Mississippi Department of Transportation for the purchase of
1806 materials, equipment and supplies shall be made in compliance with
1807 Section 31-7-1 et seq. All contracts by or on behalf of the * * * 1808 department for construction, reconstruction or other public work 1809 authorized to be done under the provisions of this chapter, except
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 72 (AJT\EW) 1810 maintenance, shall be made by the * * * department only upon 1811 competitive bids after due advertisement as follows, to wit:
1812 (a) Advertisement for bids shall be in accordance with 1813 such rules and regulations, in addition to those herein provided,
1814 as may be adopted therefor by the * * * department, and the * * * 1815 department is authorized and empowered to make and promulgate such
1816 rules and regulations as it may deem proper, to provide and adopt 1817 standard specifications for road and bridge construction, and to 1818 amend such rules and regulations from time to time. 1819 (b) The advertisement shall be inserted twice, being 1820 once a week for two (2) successive weeks in a newspaper published 1821 at the seat of government in Jackson, Mississippi, having a 1822 general circulation throughout the state, and no letting shall be
1823 less than fourteen (14) days nor more than sixty (60) days after 1824 the publication of the first notice of such letting, and notices 1825 of such letting may be placed in a metropolitan paper or national 1826 trade publication.
1827 (c) Before advertising for such work, the * * *
1828 department shall cause to be prepared and filed in the department 1829 detailed plans and specifications covering the work proposed to be
1830 done and copies of the plans and specifications shall be subject 1831 to inspection by any citizen during all office hours and made 1832 available to all prospective bidders upon such reasonable terms
1833 and conditions as may be required by the * * * department. A fee
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 73 (AJT\EW) 1834 shall be charged equal to the cost of producing a copy of any such 1835 plans and specifications. 1836 (d) All such contracts shall be let to a responsible 1837 bidder with the lowest and best bid, and a record of all bids 1838 received for construction and reconstruction shall be preserved.
1839 (e) Each bid for such a construction and reconstruction 1840 contract must be accompanied by a cashier's check, a certified 1841 check or bidders bond executed by a surety company authorized to 1842 do business in the State of Mississippi, in the principal amount 1843 of not less than five percent (5%) of the bid, guaranteeing that 1844 the bidder will give bond and enter into a contract for the 1845 faithful performance of the contract according to plans and 1846 specifications on file.
1847 (f) Bonds shall be required of the successful bidder in 1848 an amount equal to the contract price. The contract price shall 1849 mean the entire cost of the particular contract let. In the event 1850 change orders are made after the execution of a contract which 1851 results in increasing the total contract price, additional bond in
1852 the amount of the increased cost may be required. The surety or 1853 sureties on such bonds shall be a surety company or surety
1854 companies authorized to do business in the State of Mississippi, 1855 all bonds to be payable to the State of Mississippi and to be 1856 conditioned for the prompt, faithful and efficient performance of 1857 the contract according to plans and specifications, and for the 1858 prompt payment of all persons furnishing labor, material,
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 74 (AJT\EW) 1859 equipment and supplies therefor. Such bonds shall be subject to 1860 the additional obligation that the principal and surety or 1861 sureties executing the same shall be liable to the state in a
1862 civil action instituted by the state at the instance of the * * * 1863 department or any officer of the state authorized in such cases, 1864 for double any amount in money or property the state may lose or
1865 be overcharged or otherwise defrauded of by reason of any wrongful 1866 or criminal act, if any, of the contractor, his agent or 1867 employees. 1868 (2) With respect to equipment used in the construction, 1869 reconstruction or other public work authorized to be done under 1870 the provisions of this chapter: the word "equipment," in addition 1871 to all equipment incorporated into or fully consumed in connection
1872 with such project, shall include the reasonable value of the use 1873 of all equipment of every kind and character and all accessories 1874 and attachments thereto which are reasonably necessary to be used 1875 and which are used in carrying out the performance of the 1876 contract, and the reasonable value of the use thereof, during the
1877 period of time the same are used in carrying out the performance 1878 of the contract, shall be the amount as agreed upon by the persons
1879 furnishing the equipment and those using the same to be paid 1880 therefor, which amount, however, shall not be in excess of the 1881 maximum current rates and charges allowable for leasing or renting 1882 as specified in Section 65-7-95; the word "labor" shall include 1883 all work performed in repairing equipment used in carrying out the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 75 (AJT\EW) 1884 performance of the contract, which repair labor is reasonably 1885 necessary to the efficient operation of said equipment; and the 1886 words "materials" and "supplies" shall include all repair parts 1887 installed in or on equipment used in carrying out the performance 1888 of the contract, which repair parts are reasonably necessary to 1889 the efficient operation of said equipment.
1890 (3) The * * * department shall have the right to reject any 1891 and all bids, whether such right is reserved in the notice or not.
1892 (4) The * * * department may require the prequalification of 1893 any and all bidders and the failure to comply with 1894 prequalification requirements may be the basis for the rejection
1895 of any bid by the * * * department. The * * * department may 1896 require the prequalification of any and all subcontractors before
1897 they are approved to participate in any contract awarded under 1898 this section.
1899 (5) The * * * department may adopt rules and regulations for 1900 the termination of any previously awarded contract which is not 1901 timely proceeding toward completion. The failure of a contractor
1902 to comply with such rules and regulations shall be a lawful basis
1903 for the * * * department to terminate the contract with such 1904 contractor. In the event of a termination under such rules and 1905 regulations, the contractor shall not be entitled to any payment, 1906 benefit or damages beyond the cost of the work actually completed. 1907 (6) Any contract for construction or paving of any highway 1908 may be entered into for any cost which does not exceed the amount
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 76 (AJT\EW) 1909 of funds that may be made available therefor through bond issues 1910 or from other sources of revenue, and the letting of contracts for 1911 such construction or paving shall not necessarily be delayed until 1912 the funds are actually on hand, provided authorization for the 1913 issuance of necessary bonds has been granted by law to supplement 1914 other anticipated revenue, or when the department certifies to the
1915 Department of Finance and Administration and the Legislative 1916 Budget Office that projected receipts of funds by the department 1917 will be sufficient to pay such contracts as they become due and 1918 the Department of Finance and Administration determines that the 1919 projections are reasonable and receipts will be sufficient to pay 1920 the contracts as they become due. The Department of Finance and 1921 Administration shall spread such determination on its minutes
1922 prior to the letting of any contracts based on projected receipts. 1923 Nothing in this subsection shall prohibit the issuance of bonds, 1924 which have been authorized, at any time in the discretion of the 1925 State Bond Commission, nor to prevent investment of surplus funds 1926 in United States government bonds or State of Mississippi bonds as
1927 presently authorized by Section 12, Chapter 312, Laws of 1956. 1928 (7) All other contracts for work to be done under the
1929 provisions of this chapter and for the purchase of materials, 1930 equipment and supplies to be used as provided for in this chapter 1931 shall be made in compliance with Section 31-7-1 et seq.
1932 (8) The * * * commissioner, department or any one or more of 1933 its members, or any engineer or other person * * * may not let or
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 77 (AJT\EW) 1934 make contracts for the construction or repair of public roads, or 1935 building bridges, or for the purchase of material, equipment or 1936 supplies contrary to the provisions of this chapter as set forth 1937 in this section, except in cases of flood or other cases of 1938 emergency where the public interest requires that the work be done 1939 or the materials, equipment or supplies be purchased without the
1940 delay incident to advertising for competitive bids. Such 1941 emergency contracts may be made without advertisement under such
1942 rules and regulations as the * * * department may prescribe. 1943 (9) The * * * department is authorized to negotiate and make 1944 agreements with communities and/or civic organizations for 1945 landscaping, beautification and maintenance of highway 1946 rights-of-way; however, nothing in this subsection shall be
1947 construed as authorization for the * * * department to participate 1948 in such a project to an extent greater than the average cost for 1949 maintenance of shoulders, backslopes and median areas with respect 1950 thereto.
1951 (10) The * * * department may negotiate and enter into 1952 contracts with private parties for the mowing of grass and 1953 trimming of vegetation on the rights-of-way of state highways
1954 whenever such practice is possible and cost effective. 1955 (11) (a) As an alternative to the method of awarding
1956 contracts as otherwise provided in this section, the * * * 1957 department may use the design-build method of contracting for the 1958 following:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 78 (AJT\EW) 1959 (i) Projects for the Mississippi Development 1960 Authority pursuant to agreements between both governmental 1961 entities; 1962 (ii) Any project with an estimated cost of not 1963 more than Ten Million Dollars ($10,000,000.00), not to exceed two 1964 (2) projects per fiscal year; and
1965 (iii) Any project which has an estimated cost of 1966 more than Ten Million Dollars ($10,000,000.00), not to exceed one 1967 (1) project per fiscal year. 1968 (b) As used in this subsection, the term "design-build" 1969 method of contracting means a contract that combines the design 1970 and construction phases of a project into a single contract and 1971 the contractor is required to satisfactorily perform, at a
1972 minimum, both the design and construction of the project.
1973 (c) The * * * department shall establish detailed 1974 criteria for the selection of the successful design-build 1975 contractor in each request for design-build proposals. The 1976 evaluation of the selection committee is a public record and shall
1977 be maintained for a minimum of ten (10) years after project 1978 completion.
1979 (d) The * * * department shall maintain detailed 1980 records on projects separate and apart from its regular record
1981 keeping. The * * * department shall file a report to the 1982 Legislature evaluating the design-build method of contracting by
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 79 (AJT\EW) 1983 comparing it to the low-bid method of contracting. At a minimum, 1984 the report must include: 1985 (i) The management goals and objectives for the 1986 design-build system of management; 1987 (ii) A complete description of the components of 1988 the design-build management system, including a description of the
1989 system the department put into place on all projects managed under 1990 the system to insure that it has the complete information on 1991 highway segment costs and to insure proper analysis of any
1992 proposal the * * * department receives from a highway contractor; 1993 (iii) The accountability systems the * * * 1994 department established to monitor any design-build project's 1995 compliance with specific goals and objectives for the project;
1996 (iv) The outcome of any project or any interim 1997 report on an ongoing project let under a design-build management 1998 system showing compliance with the goals, objectives, policies and 1999 procedures the department set for the project; and 2000 (v) The method used by the department to select
2001 projects to be let under the design-build system of management and 2002 all other systems, policies and procedures that the department
2003 considered as necessary components to a design-build management 2004 system. 2005 (e) All contracts let under the provisions of this 2006 subsection shall be subject to oversight and review by the State 2007 Auditor. The State Auditor shall file a report with the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 80 (AJT\EW) 2008 Legislature on or before January 1 of each year detailing his 2009 findings with regard to any contract let or project performed in 2010 violation of the provisions of this subsection. The actual and 2011 necessary expenses incurred by the State Auditor in complying with 2012 this paragraph (e) shall be paid for and reimbursed by the 2013 Mississippi Department of Transportation out of funds made
2014 available for the contract or contracts let and project or 2015 projects performed. 2016 (12) The provisions of this section shall not be construed
2017 to prohibit the * * * department from awarding or entering into 2018 contracts for the design, construction and financing of toll 2019 roads, highways and bridge projects as provided under Sections 2020 65-43-1 and 65-43-3.
2021 SECTION 46. Section 65-1-86, Mississippi Code of 1972, is 2022 amended as follows: 2023 65-1-86. The Attorney General shall, with or without a
2024 request by the * * * Mississippi Department of Transportation,
2025 bring any lawsuit, in the name of the * * * department, to recover 2026 any monies lost through illegal contracts, fraud, false pretense
2027 or any other criminal act, and the * * * department shall, at the 2028 direction of the Attorney General, supply internal audits or 2029 perform any other necessary act to furnish the attorney general 2030 with any evidence pertaining to such loss for use by the Attorney 2031 General in the preparation of said lawsuits.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 81 (AJT\EW) 2032 SECTION 47. Section 65-1-87, Mississippi Code of 1972, is 2033 amended as follows:
2034 65-1-87. The Mississippi * * * Department of Transportation 2035 is hereby authorized and empowered to purchase war surplus 2036 equipment, supplies, and materials from the General Services 2037 Administration of the United States of America without the
2038 necessity of advertising for bids for such materials and equipment 2039 and supplies, even though the cost of such materials, equipment, 2040 and supplies exceed the sum of One Thousand Dollars ($1,000.00), 2041 provided that such equipment, materials, and supplies shall be 2042 purchased for less than the then prevailing market price.
2043 SECTION 48. Section 65-1-89, Mississippi Code of 1972, is 2044 amended as follows:
2045 65-1-89. Every formal contract made by or on behalf of the
2046 Mississippi Department of Transportation * * * for the 2047 construction of any building, highway, or work, or the doing of 2048 any repairs shall contain and include a provision for settlement 2049 by arbitration, if requested by either party to the contract, of
2050 all claims and disputes and other matters arising out of such 2051 contract, or the failure or refusal to perform the whole or any
2052 part thereof.
2053 SECTION 49. Section 65-1-91, Mississippi Code of 1972, is 2054 amended as follows: 2055 65-1-91. Upon demand for arbitration by any party to a
2056 contract with the Mississippi Department of Transportation * * *
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 82 (AJT\EW) 2057 for the construction of any building, highway or work, or the 2058 doing of any repairs, such arbitration shall proceed in all 2059 respects and shall have the same effect as authorized and provided 2060 by Sections 11-15-1 through 11-15-37. Any arbitration decision 2061 shall be binding.
2062 SECTION 50. Section 65-1-110, Mississippi Code of 1972, is 2063 amended as follows: 2064 65-1-110. There is hereby created in the State Treasury a 2065 special fund to be designated as the Mississippi Department of 2066 Transportation Equipment Purchase Fund into which shall be 2067 deposited such funds as may be appropriated by the Legislature, 2068 any funds obtained from the "buy back" option offered by equipment 2069 manufacturers or suppliers of certain types of equipment, funds
2070 obtained from the sale of equipment by the Mississippi Department 2071 of Transportation and funds obtained from insurance settlements 2072 with regard to equipment utilized by the Mississippi Department of 2073 Transportation. Money deposited into the fund shall not lapse at 2074 the end of any fiscal year and investment earnings on the proceeds
2075 in such special fund shall be deposited into such fund. Money 2076 from such fund shall be disbursed therefrom upon warrants issued
2077 by the State Fiscal Officer upon requisitions signed by the * * * 2078 Commissioner of Transportation to purchase or lease equipment for 2079 the Mississippi Department of Transportation.
2080 SECTION 51. Section 65-1-111, Mississippi Code of 1972, is 2081 amended as follows:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 83 (AJT\EW) 2082 65-1-111. All monies from any source provided by law shall 2083 be covered and paid into the State Treasury as other public funds 2084 are paid, and it shall be the duty of the Department of Finance 2085 and Administration to advise the Mississippi Department of
2086 Transportation * * * of the amount of money allotted to the * * * 2087 department on hand from time to time. It shall be the duty of the
2088 Department of Finance and Administration to place and allocate 2089 those funds so covered into the State Treasury in the State 2090 Highway Fund. The interest earned on the investment of any 2091 highway funds shall be paid into the State Highway Fund, except as 2092 otherwise provided in Section 15 of Laws, 2004, Chapter 595. If 2093 any highway bonds or notes are issued, the Mississippi Department
2094 of Transportation * * * will adopt a resolution requesting the 2095 Bond Commission to issue such bonds or notes as may be authorized 2096 and a "bond and interest sinking fund" and "note fund" shall be 2097 kept separate from the highway fund by the State Treasurer 2098 pursuant to the bond resolution adopted by the State of 2099 Mississippi Bond Commission.
2100 SECTION 52. Section 65-1-113, Mississippi Code of 1972, is 2101 amended as follows:
2102 65-1-113. The books and accounts of the Mississippi 2103 Department of Transportation shall be audited at the end of each 2104 fiscal year by the State Auditor. A copy of the audit shall be 2105 filed with the Governor, the Legislative Budget Office, and the 2106 Department of Finance and Administration and a copy kept on file
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 84 (AJT\EW) 2107 in the Office of the Mississippi Commissioner of
2108 Transportation * * *. The audit shall be so segregated that it 2109 shall show in detail the expenditures of the Mississippi 2110 Department of Transportation for the period involved. 2111 At a regular meeting in April of each year prior to the 2112 beginning of each July 1 fiscal year, the Mississippi Department
2113 of Transportation * * * shall adopt a complete, detailed and 2114 itemized budget of each construction program, maintenance and 2115 administration based on information as required by the Legislative 2116 Budget Office, which budget shall not exceed a reasonably
2117 anticipated income of the * * * department for the succeeding 2118 fiscal year * * *. A copy of the detailed budget shall be filed 2119 with the Governor and three (3) copies each with the Legislative
2120 Budget Office and the Department of Finance and Administration on 2121 or before May 30 of each year and shall cover all anticipated 2122 expenditures for construction, maintenance and all other
2123 expenditures for the ensuing fiscal year. The * * * department 2124 shall not make expenditures in excess of its published budget or
2125 any item thereof without written notice to the Legislative Budget 2126 Office and prior approval of the Department of Finance and
2127 Administration, except in case of extraordinary, unusual or 2128 unprecedented occurrences arising by reason of unforeseen events, 2129 floods, hurricanes or other acts of God or force majeure, in which 2130 event, upon the declaration of emergency and necessity spread at
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 85 (AJT\EW) 2131 large upon the minutes, appropriate and necessary emergency 2132 expenditures may be made.
2133 SECTION 53. Section 65-1-115, Mississippi Code of 1972, is 2134 amended as follows: 2135 65-1-115. The Department of Finance and Administration, in
2136 cooperation with the * * * department or its comptroller, shall 2137 formulate and prescribe a uniform system of accounting for all 2138 monies expended by the Mississippi Department of
2139 Transportation * * *. The * * * department shall have prepared 2140 and issued all necessary forms, rules and regulations for the 2141 installation and operation of said system of accounting, and it 2142 shall be the duty of the Mississippi Department of
2143 Transportation * * *, acting through its * * * commissioner, in 2144 allowing any account to request, by requisition the Department of 2145 Finance and Administration, that a warrant be issued therefor.
2146 The * * * department shall provide proper books covering 2147 requisitions to be drawn from the state highway fund. In the 2148 event any highway bonds or notes are issued, additional books
2149 covering a "bond and interest sinking fund" and "note fund" shall 2150 likewise be provided.
2151 SECTION 54. Section 65-1-117, Mississippi Code of 1972, is 2152 amended as follows: 2153 65-1-117. The board of supervisors of any county is hereby 2154 authorized in its discretion to deposit with the State Treasurer,
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 86 (AJT\EW) 2155 as trustee, funds representing the county's or district's share of 2156 the cost of construction of any project in that county. 2157 The State Treasurer is hereby authorized to continue to 2158 receive and deposit to the credit of the State Highway Fund, all 2159 funds from the federal government made available by it for road
2160 construction purposes, and the treasurer shall notify the * * * 2161 department of the amounts so received. 2162 All accounts against the above mentioned funds shall be
2163 certified by the * * * Commissioner of Transportation, who shall 2164 request the auditor of public accounts to issue his warrant on the 2165 State Treasurer for the amount of the account, and the treasurer 2166 shall pay same if sufficient funds are available, all in the 2167 manner prescribed herein or as may be required by law.
2168 SECTION 55. Section 65-1-121, Mississippi Code of 1972, is 2169 amended as follows: 2170 65-1-121. A full, complete, and detailed inventory of all
2171 property, other than * * * right-of-ways and lands containing road 2172 building materials, shall be continued as heretofore prepared and
2173 filed by the * * * Mississippi Department of Transportation. All 2174 of said properties so reported and inventoried and all other
2175 property of every kind or description shall be entered in detail 2176 and by items in or upon a card index, or other modern filing 2177 system, and thereafter all property which may be purchased or
2178 acquired by the * * * department shall be likewise noted and 2179 indexed in such filing system so as to keep a complete record of
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 87 (AJT\EW) 2180 the identity, cost, purpose, use, and location of said property at 2181 all times, so that inventory thereof may easily be made; and when 2182 disposed of, a complete record of the disposition thereof shall
2183 likewise be made. It shall be the duty of the * * * department to 2184 make a full report annually of all monies or property that have or
2185 has come into * * * its possession or control and to faithfully 2186 account therefor.
2187 SECTION 56. Section 65-1-123, Mississippi Code of 1972, is 2188 amended as follows: 2189 65-1-123. (1) Except as otherwise provided in subsection 2190 (10) of this section, whenever any personal property has been
2191 acquired in any manner by the Mississippi Department of 2192 Transportation * * * for public use and in the opinion of
2193 the * * * department, all or any part of the property becomes 2194 unnecessary for public use, the * * * department is authorized to 2195 dispose of such property for a fair and reasonable cash market 2196 price. Any such sale shall be a sale upon the receipt of sealed 2197 bids after reasonable advertisement for bids in such manner and at
2198 such time and place as the * * * department may deem proper and 2199 advisable, except that the * * * department may sell at private 2200 sale any such personal property not necessary for public purposes 2201 the cash market value of which is less than Five Hundred Dollars
2202 ($500.00); however, if the personal property is timber, the * * * 2203 department may sell at private sale any such timber not necessary 2204 for public purposes the cash market value of which is less than
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 88 (AJT\EW) 2205 Five Thousand Dollars ($5,000.00), except that whenever persons, 2206 groups or agencies are permitted to remove a quantity of timber 2207 from highway rights-of-way, and the cash market value of the
2208 timber is estimated by the * * * department to be less than One 2209 Thousand Dollars ($1,000.00), it shall not be necessary to have
2210 the timber cruised or appraised and the * * * department may sell
2211 the timber at private sale. The * * * department shall have the 2212 right to reject any and all bids in its discretion and to sell the 2213 property theretofore advertised at private sale for not less than 2214 the highest of the rejected bids, or to readvertise. 2215 (2) Except as otherwise provided in subsections (3) and (4) 2216 of this section, whenever real property, with the exception of 2217 easements for highway purposes, has been acquired by the
2218 Mississippi Department of Transportation * * *, in any manner, for 2219 public use and in the opinion of the * * * department all or any 2220 part thereof becomes unnecessary for public use, the same shall be
2221 declared on the minutes of the * * * department as excess property 2222 and shall be sold at private sale at market value. If the excess
2223 property was a total take from the original owner, then the * * * 2224 department shall offer to such owner, in writing, the first right
2225 of refusal to purchase such excess property; however, if after due
2226 diligence the original owner cannot be located, then the * * * 2227 department shall offer the first right of refusal to purchase the 2228 property to the adjoining property owner or owners. If the excess 2229 property was a partial take from the current owner of the parcel
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 89 (AJT\EW) 2230 of real property from which the excess property was originally
2231 taken, then the * * * department shall be required to offer in 2232 writing the first right of refusal to purchase such excess 2233 property to such owner. If within forty-five (45) days any owner
2234 to whom the * * * department has offered the first right of 2235 refusal under the provisions of this subsection fails to accept
2236 the offer to purchase, the property shall then be offered to the 2237 adjoining property owner or owners. If within forty-five (45) 2238 days an adjoining property owner fails to accept the offer to 2239 purchase, then the excess property shall be sold to the highest
2240 bidder upon the receipt by the * * * department of sealed bids 2241 after reasonable advertisement for bids in such manner and at such
2242 time and place as the * * * department deems proper and advisable;
2243 however, the * * * department shall have the right to reject any 2244 and all bids in its discretion and to sell the property 2245 theretofore advertised at private sale for not less than the 2246 highest of the rejected bids, or to readvertise. Upon payment of
2247 the purchase price, the * * * Commissioner of Transportation * * * 2248 may execute a quitclaim deed conveying such property to the 2249 purchaser.
2250 (3) Whenever the * * * department acquires by fee simple 2251 interest any property determined to be an uneconomic remnant
2252 outside the right-of-way, then the * * * department may sell the 2253 property to the adjoining property owner or owners for an amount
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 90 (AJT\EW) 2254 not less than the market value established by the county tax 2255 assessor or a state licensed or certified appraiser.
2256 (4) Whenever the * * * department desires to sell any real 2257 property used as maintenance lots, the property shall be sold to
2258 the highest bidder upon the receipt by the * * * department of 2259 sealed bids and after reasonable advertisement for bids in such
2260 manner and at such time and place as the * * * department deems 2261 proper and advisable; however, the * * * department, in its 2262 discretion, may reject any and all bids and sell the property 2263 advertised at private sale for not less than the highest of the 2264 rejected bids, or may readvertise. Upon payment of the purchase
2265 price, the * * * Commissioner of Transportation may execute a 2266 quitclaim deed conveying the property to the purchaser.
2267 (5) All easements for highway purposes shall be released
2268 when they are determined * * * by the department as no longer 2269 needed for such purposes, and when released, they shall be filed 2270 by the department in the office of the chancery clerk in the 2271 county where the property is located.
2272 (6) In no instance shall any part of any property acquired
2273 by the * * * department, or any interest acquired in such 2274 property, including, but not limited to, easements, be construed 2275 as abandoned by nonuse, nor shall any encroachment on such 2276 property for any length of time constitute estoppel or adverse 2277 possession against the state's interests.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 91 (AJT\EW) 2278 (7) It is the intent of the Legislature that the Mississippi
2279 Department of Transportation * * * shall declare property it has 2280 acquired and which is no longer needed for public purposes as 2281 excess and to sell and/or dispose of such excess property in 2282 accordance with the provisions of this section as soon as 2283 practicable after such property becomes excess in fact.
2284 Unnecessary or excess property or property interests shall be 2285 disposed of only upon order of the Mississippi Department of
2286 Transportation * * * on its minutes as provided in this section. 2287 (8) Whenever any real property has been acquired by the
2288 Mississippi Department of Transportation * * * and in the opinion 2289 of the * * * department all or any part of the property will not 2290 be utilized in the near future, the property shall be so declared
2291 by the Mississippi Department of Transportation * * * on its 2292 minutes and the * * * department may lease or rent the property 2293 for its market value. 2294 (9) This section shall not apply to any sale, donation, 2295 exchange or other conveyance of real property when the Legislature
2296 otherwise expressly authorizes or directs the * * * department to 2297 sell, donate, exchange or otherwise convey specifically described
2298 real property. 2299 (10) (a) As an alternative to the sale of timber under 2300 subsection (1) of this section, the Mississippi Department of
2301 Transportation * * * may enter into an agreement with the State 2302 Forestry Commission for the general supervision and management of
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 92 (AJT\EW) 2303 timber on selected portions of the rights-of-way of the interstate 2304 highway system and those completed segments of four-lane highways 2305 in the state. Such an agreement may prescribe the details of, and 2306 authority and control over, the full range of forestry management 2307 practices. Seventy-five percent (75%) of any money collected from 2308 the sale of timber on rights-of-way, less any expenses associated
2309 therewith, shall be deposited into the Education Enhancement Fund 2310 created in Section 37-61-33, and the remainder shall be deposited 2311 into the State Highway Fund to be expended solely for the repair, 2312 maintenance, construction or reconstruction of highways. 2313 (b) Subject to the provisions of paragraph (a) of this
2314 subsection, the Mississippi Department of Transportation * * * 2315 may, after consultation with the State Forestry Commission, adopt
2316 such rules and regulations with regard to the management, sale or 2317 disposal of timber on highway rights-of-way as it considers 2318 appropriate; provided, however, such rules and regulations shall 2319 be uniform throughout the state and shall be designed to maximize 2320 the value of such timber or minimize the cost of removing such
2321 timber.
2322 SECTION 57. Section 65-1-127, Mississippi Code of 1972, is 2323 amended as follows:
2324 65-1-127. The Mississippi * * * Department of Transportation 2325 is authorized and empowered to cooperate with the Federal Highway 2326 Administration Fellowship Program in Highway Safety by granting 2327 permission of any of its employees accepted for participating in
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 93 (AJT\EW) 2328 such program to be granted a leave of absence to obtain the 2329 schooling without loss of salary while gaining the advanced
2330 training to better equip them for service to the * * * department. 2331 In addition to requirements set forth in the Federal Highway 2332 Administration's regulations, any such employee to be eligible for
2333 such training must agree to continue to work with the * * * 2334 department for at least three (3) years after completing the 2335 fellowship study period. 2336 At no time shall more than three (3) employees be on such
2337 leave from the * * * department. 2338 SECTION 58. Section 65-1-129, Mississippi Code of 1972, is 2339 amended as follows: 2340 65-1-129. For purposes of Sections 65-1-129 through
2341 65-1-137, unless the context requires otherwise, the following 2342 terms shall have the meanings ascribed herein:
2343 (a) "Highway Commission" * * * or "Mississippi State 2344 Highway Commission" means the Mississippi Department of 2345 Transportation.
2346 (b) "Qualified person" means a person who: 2347 (i) Has met all the educational and training
2348 requirements of a course of study prescribed and conducted by the 2349 Mississippi Law Enforcement Officers' Training Academy; and 2350 (ii) Is of good moral character and has not been 2351 convicted of any crime involving moral turpitude.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 94 (AJT\EW) 2352 SECTION 59. Section 65-1-131, Mississippi Code of 1972, is 2353 amended as follows: 2354 65-1-131. (1) The Mississippi Department of
2355 Transportation * * * may appoint and commission qualified persons 2356 as security officers of the Mississippi Department of 2357 Transportation. Any such security officer so appointed shall be a
2358 full-time employee of the Mississippi Department of
2359 Transportation * * * and shall not be employed by any privately 2360 owned guard or security service, and shall at all times be 2361 answerable and responsible to the Mississippi Department of
2362 Transportation and Commissioner of Transportation * * *. 2363 (2) A security officer appointed and commissioned as 2364 provided in subsection (1) of this section shall, before entering
2365 upon his duties as such officer, take the oath of office 2366 prescribed by Section 268, Mississippi Constitution of 1890, which 2367 shall be endorsed upon his commission. The commission, with the 2368 oath endorsed upon it, shall be entered in the official minute
2369 book of the Mississippi Department of Transportation * * *. 2370 (3) A security officer appointed and commissioned pursuant 2371 to the provisions of subsection (1) of this section, shall, while
2372 engaged in the performance of his duties, carry on his person a 2373 badge identifying him as a security officer of the Mississippi 2374 Department of Transportation and an identification card issued by
2375 the * * * department. When in uniform, each such security officer 2376 shall wear his badge in plain view.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 95 (AJT\EW) 2377 (4) A security officer appointed and commissioned under 2378 subsection (1) of this section may exercise the same powers of 2379 arrest and the right to bear firearms that may be exercised by any 2380 state, municipal or other police officer in this state, but only 2381 with respect to violations of law which are committed on or within 2382 buildings, property or facilities owned by or under the
2383 jurisdiction of the Mississippi Department of
2384 Transportation * * *. Any right granted under this subsection in 2385 no way relieves the requirements of appropriate affidavit and 2386 warrant for arrest from the appropriate jurisdiction and authority 2387 pursuant to the laws of this state. 2388 (5) On behalf of each person who is employed as a security 2389 officer under subsection (1) of this section and who is trained as
2390 a security officer at the Mississippi Law Enforcement Officers' 2391 Training Academy, the Mississippi Department of
2392 Transportation * * * shall be required to pay to the academy at 2393 least an amount equal to the per student cost of operation of said 2394 academy as tuition.
2395 SECTION 60. Section 65-1-135, Mississippi Code of 1972, is 2396 amended as follows: 2397 65-1-135. The powers and authority of any security officer
2398 may be terminated at any time by the * * * Mississippi Department 2399 of Transportation.
2400 SECTION 61. Section 65-1-136, Mississippi Code of 1972, is 2401 amended as follows:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 96 (AJT\EW) 2402 65-1-136. (1) In addition to employing security officers as 2403 full-time employees of the Mississippi Department of 2404 Transportation as authorized under subsection (1) of Section
2405 65-1-131, the Mississippi Department of Transportation * * * may 2406 contract with any private security firm or business authorized to 2407 do business in this state for the purpose of providing security
2408 for buildings, property or facilities owned by or under the 2409 jurisdiction of the Mississippi Department of
2410 Transportation * * *, or for buildings, property or facilities 2411 located on a trunkline highway at or near a point of entry into 2412 this state in which a welcome center or hospitality station has
2413 been established by the Mississippi * * * Development Authority. 2414 (2) A security officer of a security firm or business with
2415 which the * * * department has contracted pursuant to the 2416 provisions of this section, while engaged in the performance of 2417 his duties, shall carry on his person a badge identifying him as a 2418 security officer and an identification card issued by the
2419 Mississippi Department of Transportation * * *. When in uniform, 2420 each such security officer shall wear his badge in plain view. 2421 (3) A security officer of a security firm or business with
2422 which the * * * department has contracted pursuant to the 2423 provisions of this section shall have only such powers of arrest 2424 as may be exercised by a private citizen of this state and only 2425 such right to bear firearms or weapons while engaged in the 2426 performance of his duties as authorized under Section 97-37-7.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 97 (AJT\EW) 2427 SECTION 62. Section 65-1-137, Mississippi Code of 1972, is 2428 amended as follows: 2429 65-1-137. All security officers of any security firm or 2430 business with which the Mississippi Department of
2431 Transportation * * * has contracted under Section 65-1-136 shall 2432 be independent contractors and shall not be considered as
2433 employees under Chapter 46 of Title 11, Mississippi Code of 1972.
2434 SECTION 63. Section 65-1-141, Mississippi Code of 1972, is 2435 amended as follows:
2436 65-1-141. (1) (a) The * * * Mississippi Department of 2437 Transportation shall annually prepare a three-year plan for the 2438 maintenance, construction, reconstruction and relocation of the 2439 State Highway System. The plan shall include:
2440 (i) For each interstate, primary, secondary and
2441 other highway or road system under the jurisdiction of the * * * 2442 department, a list and detailed description of those highways, or 2443 segments thereof, on the highway system which are determined to 2444 have the highest priority for maintenance and which can be
2445 maintained within the three-year period from funds available or 2446 estimated to be made available for such purpose;
2447 (ii) For each interstate, primary, secondary and
2448 other highway or road system under the jurisdiction of the * * * 2449 department, a list and detailed description of those highways, or 2450 segments thereof, on the highway system which are determined to 2451 have the highest priority for construction, reconstruction or
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 98 (AJT\EW) 2452 relocation and for which contracts can be let for construction, 2453 reconstruction or relocation within the three-year period from 2454 funds available or estimated to be available for such purpose; 2455 (iii) The reasons for the priority assigned to 2456 highways, or segments thereof, pursuant to the criteria 2457 established in the following subsection (1)(b), and the annual
2458 cost and total estimated cost of completion for each such project; 2459 and 2460 (iv) A synopsis of any analyses or studies
2461 considered by the * * * department to develop the criteria in 2462 determining priorities.
2463 (b) The * * * Mississippi Department of Transportation 2464 shall determine the criteria on which the * * * department shall 2465 assign priority for maintenance, construction, reconstruction and 2466 relocation of highways, or segments thereof, on each highway or 2467 road system under its jurisdiction, taking into consideration all 2468 of the following criteria: 2469 (i) Public necessity and public safety;
2470 (ii) Present and future economic benefit and 2471 commercial value;
2472 (iii) Present and future traffic census; and 2473 (iv) Route continuity.
2474 Additionally, the * * * department shall take into 2475 consideration conditions potentially hazardous to the public 2476 safety at points on highways having substantial truck traffic
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 99 (AJT\EW) 2477 entering and leaving the highway. In setting priorities for 2478 construction, the department shall take into consideration the 2479 construction of turning lanes at such points on highways to 2480 facilitate the safe movement of traffic. 2481 (c) To develop the criteria to be used in determining
2482 priorities, the * * * department may conduct public hearings; 2483 shall conduct analyses or studies of highway needs, utilizing 2484 highway department personnel; and shall consider highway needs 2485 analyses or studies submitted to them by the University Research 2486 Center, which is hereby directed to develop such highway needs 2487 analyses or studies with respect to the criteria set forth in 2488 subsection (1)(b)(ii) above and to timely submit or present such
2489 analyses or studies to the * * * department.
2490 (2) All funds appropriated and made available to the * * * 2491 department from any source within the state for maintenance, 2492 construction, reconstruction and relocation of the state highway
2493 system shall be expended on order of the * * * department 2494 according to the priorities herein set forth and without regard to
2495 the provisions of Sections 65-3-29 through 65-3-33. The * * * 2496 department shall spread upon its minutes, from time to time, the
2497 priority of roads for application of such funds, the specific 2498 reasons for each priority so assigned, and the source and amount 2499 of funds applied to each project.
2500 (a) All interstate funds apportioned to the * * * 2501 department under the Federal Aid Highway Act of 1956 shall be
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 100 (AJT\EW) 2502 allocated on the basis of need to complete the interstate system 2503 of highways to provide for the maximum commercial benefit to the 2504 state. 2505 (b) All primary road construction money shall be used 2506 in the priorities established pursuant to subsection (1)(b) 2507 hereof.
2508 (c) The * * * department shall match all available 2509 federal money for highways. 2510 (d) Federal aid primary system as constituted. 2511 Priority of use of these funds shall be determined by roads 2512 meeting most of the criteria receiving priority established 2513 pursuant to subsection (1)(b) hereof. 2514 (e) Secondary road construction money shall be used
2515 with priorities established by roads meeting most of the following 2516 criteria receiving priority: 2517 (i) Roads in the order of the relative use and 2518 importance of such highways, as may be determined by the present 2519 and future traffic censuses thereof, taking into consideration
2520 their present and future use, convenience, public necessity and 2521 public safety, the connecting of Mississippi towns, cities and
2522 population centers and the economic contribution to the state 2523 should a specific highway be improved, the recorded maintenance 2524 expense and their continuity as highways through the state. 2525 (ii) Roads which carry the most traffic.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 101 (AJT\EW) 2526 (iii) Roads which connect the federal aid primary 2527 or interstate system in a uniform manner. 2528 (iv) Roads which serve the most commercial value. 2529 (v) Roads which are arterial in nature. 2530 (vi) Roads which connect the major rural 2531 communities with similar communities in adjoining counties.
2532 (f) The * * * department shall, when funds are 2533 available, match all available federal money for highways. 2534 (3) Projects eligible for reimbursement under the provisions 2535 of Public Law 97-424 shall be exempt from the requirements of
2536 subsection (1)(a) of this section, but the * * * department shall 2537 expend funds available to it for such projects in the priorities 2538 established pursuant to subsection (1)(b) hereof.
2539 (4) All highway construction, reconstruction and relocation 2540 shall be by contract, let on competitive bid in the manner 2541 provided by statute. On any one (1) reconstruction project the 2542 total cost of which does not exceed Two Hundred Thousand Dollars
2543 ($200,000.00), reconstruction may be accomplished by * * * 2544 department labor, equipment or materials. Nothing herein shall be 2545 construed to affect maintenance and repair work done or to be done
2546 on existing roads. When new programs require the utilization of
2547 professional services, the * * * department may contract with, 2548 engage, or retain available, competent firms actively offering 2549 such professional services as a primary source of livelihood.
2550 "Professional services" * * * means services normally performed on
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 102 (AJT\EW) 2551 a fee basis or contract by engineers, architects, business 2552 management, administrative and consulting firms.
2553 SECTION 64. Section 65-1-145, Mississippi Code of 1972, is 2554 amended as follows: 2555 65-1-145. (1) The expenditure of funds now or hereafter 2556 available for the construction and reconstruction of primary and
2557 secondary roads by the Mississippi Department of
2558 Transportation * * *, after having determined the priority in 2559 accordance with the requirements of Section 65-1-141 hereof, shall 2560 be as follows: 2561 (a) Four-lane roads shall be constructed using the 2562 existing two-lane roads as part of such construction along 2563 portions of highways where the most recent average daily traffic
2564 count exceeds thirty percent (30%) of the route segment's 2565 capacity. 2566 (b) Along such portions of highways where the most 2567 recent average daily traffic count does not exceed thirty percent 2568 (30%) of the capacity, two-lane roads shall be constructed, or
2569 existing two (2) lanes shall be widened, overlayed and 2570 reconstructed. Along such two-lane portions of highways passing
2571 lanes may be constructed where traffic congestion or special 2572 hazards dictate, or, where such two-lane segment connects two (2) 2573 existing four-lane roads, such segment may be constructed as a 2574 four-lane road for road continuity, using the existing two-lane 2575 road as part of such construction.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 103 (AJT\EW) 2576 (c) Four-lane, full-control or limited access highways 2577 bypassing municipalities shall not be constructed until the
2578 Mississippi Department of Transportation * * * determines that the 2579 most recent average daily traffic count exceeds sixty percent 2580 (60%) of an existing two-lane route's capacity or determines that 2581 within a reasonable period of time after construction of such a
2582 four-lane, full-control or limited access municipal bypass the 2583 average daily traffic count will exceed sixty percent (60%) of an 2584 existing two-lane route's capacity. In no event shall such a 2585 bypass be constructed until approved by the Legislature by an 2586 appropriation of highway funds for a specific bypass, the
2587 construction of which has been recommended by the * * * 2588 Commissioner of Transportation * * * and included in the 2589 three-year plan prepared pursuant to Section 65-1-141. 2590 (d) Four-lane facilities may be constructed without 2591 using existing roadways as a part of such construction where it is 2592 necessary to construct four-lanes on new location because of bad 2593 alignment of existing roadway or where it is necessary to relocate
2594 or realign such roadway so as to connect with a four-lane facility 2595 in an adjoining state.
2596 (e) Any four-lane bypass project of which all, or any 2597 portion thereof, is presently under construction, or let to 2598 contract, or which has been partially completed, except where 2599 right-of-way only has been acquired, may be completed in its 2600 entirety.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 104 (AJT\EW) 2601 (f) Notwithstanding any limitation imposed above on the 2602 construction of four-lane roads, through June 30, 2007, contracts 2603 to construct four-lane roads may be let when (i) the federal 2604 government has provided money for four-laning a specific highway 2605 project, (ii) four-laning will enhance the current economic 2606 development of the area in which the four-lane road will be
2607 constructed, or (iii) the four-lane road to be constructed will 2608 connect with an existing four-lane road. 2609 Before a route location is submitted to the Federal Highway 2610 Administration for approval, appropriate identification of the
2611 proposed route must be * * * approved by the Commissioner of 2612 Transportation. Where a route location has been approved by the 2613 Federal Highway Administration and a relocation of the route is
2614 contemplated, the same procedure of advertisement and hearings 2615 upon request must be followed which is used in reaching an initial
2616 route location. Any change in location must be * * * approved by 2617 the Commissioner of Transportation. The Mississippi Department of
2618 Transportation * * * may alter construction standards of an
2619 approved route by * * * approval of the Commissioner of 2620 Transportation; provided that such change is in conformity with
2621 items (a), (b), (c), (d), (e) and (f) of this subsection. 2622 (2) No state monies shall be expended on any construction
2623 project unless a Mississippi Department of Transportation * * * 2624 engineer shall be assigned to such project.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 105 (AJT\EW) 2625 SECTION 65. Section 65-1-149, Mississippi Code of 1972, is 2626 amended as follows:
2627 65-1-149. The Mississippi Department of Transportation * * * 2628 shall file a detailed annual report with the Governor, Department 2629 of Finance and Administration, Secretary of the Senate, Clerk of 2630 the House of Representatives, and each member of the Senate and
2631 the House of Representatives requesting one (1), by January 15 of 2632 each year showing by county the construction and maintenance work 2633 in progress, the cost of each project with an indication of 2634 specific cost incurred and expenses paid during the fiscal year 2635 reported, a list of contracts let, a summary of the bids received, 2636 and the name and address of the contractor to whom the contract
2637 was awarded in each case. The annual report of the * * * 2638 department shall also contain all receipts and disbursements 2639 during the preceding fiscal period and an estimate of the receipts 2640 for not less than the next fiscal period, plus the average cost of 2641 maintenance of each general type of road and the average cost of 2642 construction of the various types of surface. Any information and
2643 recommendations, including proposed legislation which in the
2644 opinion of the * * * department is needed, shall be contained in 2645 said report, in addition to any other required by law to be in the 2646 annual report of every department, agency or institution. 2647 In addition to the report hereinabove required, there shall 2648 be presented, by January 15 of each year to the Senate Highways 2649 and Transportation Committee and to the House Transportation
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 106 (AJT\EW) 2650 Committee, a report on the projected projects for the next three 2651 (3) years outlined in detail sufficient enough to facilitate an 2652 accurate assessment of such projects by such committees.
2653 The Mississippi Department of Transportation * * * shall 2654 adopt a complete, detailed and itemized budget based on 2655 information as required by the Legislative Budget Office, which
2656 budget shall not exceed a reasonably anticipated income of
2657 the * * * department for the succeeding fiscal year * * *. A copy 2658 of the detailed budget shall be filed with the Legislative Budget 2659 Office and the Department of Finance and Administration and shall 2660 cover all anticipated expenditures for the ensuing fiscal year.
2661 The * * * department shall not make expenditures in excess of its 2662 published budget or any item thereof without written notice to the
2663 Legislative Budget Office and prior approval of the Department of 2664 Finance and Administration, except in case of extraordinary, 2665 unusual or unprecedented occurrences arising by reason of 2666 unforeseen events, floods, hurricanes or other Acts of God or 2667 force majeure, in which event, upon the declaration of emergency
2668 and necessity spread at large upon the minutes, appropriate and 2669 necessary emergency expenditures may be made.
2670 The books and accounts of the Mississippi Department of 2671 Transportation shall be audited at the end of each fiscal year by 2672 the State Auditor. A copy of the audit shall be filed with the 2673 Governor, the State Auditor, the Legislative Budget Office, the 2674 Department of Finance and Administration, and a copy kept on file
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 107 (AJT\EW) 2675 in the office of the * * * Commissioner of Transportation. The 2676 audit should be so segregated that it shall show in detail the
2677 expenditures of the Mississippi Department of Transportation * * * 2678 for the period involved.
2679 SECTION 66. Section 65-1-151, Mississippi Code of 1972, 2680 which regards bonds required of the Mississippi Transportation
2681 Commission and Executive Director of the Mississippi Department of 2682 Transportation, is repealed.
2683 SECTION 67. Section 65-1-155, Mississippi Code of 1972, 2684 which required the State Highway Commission to transfer certain 2685 funds in 1986, is repealed.
2686 SECTION 68. Section 65-1-167, Mississippi Code of 1972, is 2687 amended as follows:
2688 65-1-167. There is hereby created in the State Treasury a 2689 special fund to be known as the Statewide Litter Prevention Fund. 2690 Monies may be expended out of such fund, pursuant to appropriation 2691 by the Legislature, to implement the statewide litter prevention 2692 program established under the provisions of Section 65-1-165.
2693 Disbursements from such fund shall be made only upon requisition
2694 of the * * * Commissioner of Transportation.
2695 SECTION 69. Section 65-1-169, Mississippi Code of 1972, is 2696 amended as follows:
2697 65-1-169. The * * * Mississippi Department of Transportation 2698 is hereby authorized to maintain property acquired for highway 2699 purposes free and clear of any obstruction, encroachment or any
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 108 (AJT\EW) 2700 other use not authorized by the * * * department. Before removing 2701 or terminating any obstruction, encroachment or other unauthorized
2702 use, the * * * department shall give notice by registered mail to 2703 the offending party of its intention to remove or terminate such 2704 obstruction, encroachment or other unauthorized use unless, within 2705 forty-five (45) days from the date such notice is mailed, the
2706 offending party institutes a civil action in any court of 2707 competent jurisdiction with respect to the removal or termination
2708 proposed by the * * * department. When the * * * department has 2709 removed or terminated any obstruction, encroachment or other 2710 unauthorized use after the mailing of notice as required above and 2711 upon the failure of the offending party to institute an action
2712 within the forty-five-day time period, the * * * department may 2713 institute a civil action in any court of competent jurisdiction 2714 against the offending party for all costs incurred in the removal 2715 or termination thereof.
2716 The * * * Mississippi Department of Transportation and * * * 2717 its personnel shall not be liable, civilly or criminally, for any
2718 property damages or personal injuries incurred by any person for 2719 the removal or termination of such obstruction, encroachment or
2720 unauthorized use in accordance with the provisions of this section 2721 provided that reasonable care is exercised in the termination or 2722 removal of the obstruction, encroachment or unauthorized use. The 2723 provisions of this section shall not be construed as a waiver, in
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 109 (AJT\EW) 2724 whole or in part, of the sovereign immunity of the state * * * or 2725 the * * * Mississippi Department of Transportation. 2726 The provisions of this section shall apply only to the 2727 removal or termination of obstructions, encroachments or other 2728 unauthorized uses of property acquired for highway purposes which 2729 first occur or are created on or after July 1, 1988. The
2730 provisions of this section shall not apply to or affect any right
2731 or remedy which the * * * Mississippi Department of Transportation 2732 was authorized by law prior to July 1, 1988, to exercise in the 2733 removal or termination of any such obstructions, encroachments or
2734 other unauthorized uses occurring or created before July 1, 1988. 2735 SECTION 70. Section 65-1-173, Mississippi Code of 1972, is 2736 amended as follows:
2737 65-1-173. For the purpose of enforcing and investigating all 2738 violations of the railroad laws, and the rules, regulations and 2739 general orders of the Mississippi Department of
2740 Transportation * * * promulgated thereunder, the * * * department 2741 is hereby authorized to employ five (5) inspectors and one (1)
2742 railway safety coordinator. The salaries of the inspectors and
2743 the safety coordinator shall be fixed by the * * * department, 2744 subject to the state personnel system law as provided under 2745 Section 25-9-101 et seq. The inspectors shall devote their full 2746 time to the performance of their duties and shall take an oath
2747 faithfully to perform the duties of their positions. The * * * 2748 department shall require bonds to be carried on such employees as
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 110 (AJT\EW) 2749 the * * * department may deem necessary, the cost thereof to be 2750 paid by the * * * department. 2751 The inspectors shall be selected after an examination, as
2752 prescribed by the * * * department, as to physical and mental 2753 fitness, knowledge of the railroad laws, the rules and regulations
2754 of the * * * department, the laws of this state pertaining to
2755 arrest and any other examination as may be prescribed by the * * * 2756 department. An inspector, at the time of appointment, shall be a 2757 citizen of the State of Mississippi, of good moral character, and 2758 shall not be less than twenty-one (21) years of age. 2759 The inspectors of the Mississippi Department of
2760 Transportation * * * may enter upon private property upon which a 2761 railroad facility is located that is connected to but not a part
2762 of the general railroad system of transportation, at reasonable 2763 times and in a reasonable manner to perform an inspection, 2764 investigation or surveillance of facilities, equipment, records 2765 and operations relating to the packaging, loading or 2766 transportation of hazardous materials or other materials to
2767 determine whether the railroad facility complies with the 2768 applicable federal or state safety statutes, rules, regulations or
2769 orders. Any inspection, investigation or surveillance performed 2770 on the site of a manufacturing facility shall be performed in 2771 compliance with the safety rules or regulations of the facility.
2772 SECTION 71. Section 65-1-303, Mississippi Code of 1972, is 2773 amended as follows:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 111 (AJT\EW) 2774 65-1-303. (1) When, in the exercise of its duties, the
2775 Mississippi Department of Transportation * * * finds it necessary 2776 to condemn property, the * * * department shall institute a civil 2777 action by filing in the circuit or county court of any county in 2778 which the land is located a complaint and a declaration of taking 2779 that such land, easement or interest therein is thereby taken for
2780 the use of the Department of Transportation. 2781 (2) The declaration shall contain or have attached thereto 2782 the following: 2783 (a) A statement of the authority under which and the 2784 use for which the land is taken; 2785 (b) A description of the entire tract or tracts 2786 affected by the taking sufficient for the identification thereof;
2787 (c) A statement of the estate or interest in the land 2788 taken for public use and a description of area taken for the 2789 identification thereof; 2790 (d) The names and addresses of those persons who the
2791 Mississippi Department of Transportation * * * is informed and 2792 believes may have or claim to have an interest in the lands, so 2793 far as the same can be by reasonable diligence ascertained; and,
2794 if any such persons are infant, non compos mentis, under any other 2795 disability, or their whereabouts or names unknown, it must be so 2796 stated; and
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 112 (AJT\EW) 2797 (e) A statement of the sum of money which constitutes 2798 the fair market value as determined by the Mississippi Department
2799 of Transportation * * * to be just compensation for the taking. 2800 (3) The complaint shall contain or have attached thereto the 2801 following: 2802 (a) A statement of the authority under which and the
2803 public use for which the land is taken; 2804 (b) A description of the entire tract or tracts 2805 affected by the taking sufficient for the identification thereof; 2806 (c) A statement of the estate or interest in the land 2807 taken for public use and a description of the area taken 2808 sufficient for the identification thereof; 2809 (d) The names and addresses of those persons who the
2810 Mississippi Department of Transportation * * * is informed and 2811 believes may have or claim to have an interest in the lands, so 2812 far as the same can be by reasonable diligence be ascertained; 2813 and, if any such persons are infants, non compos mentis, under any 2814 other disability, or their whereabouts or names unknown, it must
2815 be so stated; 2816 (e) A statement as to such liens or other encumbrances
2817 as the Mississippi Department of Transportation * * * is informed 2818 and believes are encumbrances upon the real estate and can by 2819 reasonable diligence be ascertained; and 2820 (f) A prayer that there be a determination of just 2821 compensation in accordance with the provisions of this article.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 113 (AJT\EW) 2822 (4) The filing of the complaint and the declaration of 2823 taking shall be accompanied by the deposit of the sum of money, 2824 the fair market value, determined by the Mississippi Department of
2825 Transportation * * * to be just compensation for the taking; and, 2826 upon the filing of the complaint and the declaration and deposit 2827 of the sum, summons shall be issued and, together with a copy of
2828 the complaint and the declaration of taking and notice of the 2829 deposit, shall be served upon the person named therein in the 2830 manner now provided for the service of process in civil actions.
2831 The Mississippi Department of Transportation * * * may amend the 2832 complaint and declaration of taking and may increase the amount of 2833 its deposit with the court at any time while the proceeding is 2834 pending, and the owner shall have the same rights of withdrawal of
2835 this additional amount as set forth in Section 65-1-307.
2836 SECTION 72. Section 65-1-305, Mississippi Code of 1972, is 2837 amended as follows: 2838 65-1-305. (1) Upon the filing of the complaint and the 2839 declaration of taking and deposit in court, to the use of the
2840 person entitled thereto, of the amount of the compensation stated 2841 in the declaration, and upon the Mississippi Department of
2842 Transportation * * * having filed proof of service of process, 2843 title to the land or such other interest therein specified in the 2844 complaint and the declaration of taking, together with the right 2845 to immediate possession thereof, shall vest in the Mississippi
2846 Department of Transportation * * *, and the judge shall enter such
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 114 (AJT\EW) 2847 orders in the cause as may be required to place the Mississippi
2848 Department of Transportation * * * in possession and title. 2849 Thereafter, the land shall be deemed to be condemned and taken for
2850 use of the Department of Transportation * * *, and the right to 2851 just compensation therefor shall vest in the person owning the 2852 property or any compensable interest therein at the time of the
2853 filing of the complaint and the declaration of taking and deposit 2854 of the money in court. Compensation shall then be determined and 2855 awarded in the action and established by judgment therein. 2856 (2) If there is a life estate and a remainder, either vested 2857 or contingent, in lieu of the investment of the proceeds of the 2858 amount determined and awarded as just compensation to which the 2859 life tenant would be entitled to the use during the life estate,
2860 the court, in its discretion, may order the value of the life 2861 tenant's share during the probable life of such life tenant to be 2862 ascertained as provided by law and paid directly to the life 2863 tenant out of the final award as just compensation established by 2864 the judgment in the cause, and the life tenant may have the relief
2865 provided for in Section 65-1-307. 2866 (3) On and after July 1, 1997, the Mississippi Department of
2867 Transportation * * *, at the time of the filing of the complaint 2868 and declaration of taking and deposit of fair market value 2869 compensation, shall record a memorandum of action in the land deed 2870 records of the chancery clerk in all counties in which the land 2871 involved therein is located, and the memorandum shall be recorded
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 115 (AJT\EW) 2872 among the land records of the county. Upon the amending of any 2873 complaint and declaration of taking affecting the property taken,
2874 the Mississippi Department of Transportation * * * shall record a 2875 supplemental memorandum of action. The memorandum of action shall 2876 contain the following: 2877 (a) The names of those persons who the Mississippi
2878 Department of Transportation * * * is informed and believes may 2879 have or claim to have an interest in the lands and who are parties 2880 to the action; 2881 (b) A description of the entire tract or tracts 2882 affected by the taking sufficient for the identification thereof; 2883 (c) A statement of the estate or interest in the land 2884 taken for public use; and
2885 (d) The date of institution of the action, the county 2886 in which the action is pending, and such other reference thereto 2887 as may be necessary for the identification of the action.
2888 SECTION 73. Section 65-1-307, Mississippi Code of 1972, is 2889 amended as follows:
2890 65-1-307. (1) The person named in the complaint and 2891 declaration of taking may apply to the court for disbursement of
2892 the money deposited in the court, or any part thereof, as full 2893 compensation, or as a credit against just compensation without 2894 prejudice to further proceedings in the cause to determine just 2895 compensation. Upon such application, the judge, unless there is a 2896 dispute as to title, shall order that the money deposited be paid
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 116 (AJT\EW) 2897 forthwith to the person entitled thereto in accordance with the 2898 application. The judge shall have power to make such orders with 2899 respect to encumbrances, liens, rents, taxes, assessments, 2900 insurance and other charges, if any, as shall be just and 2901 equitable. 2902 (2) No notice to the Mississippi Department of
2903 Transportation * * * of the hearing upon the application for 2904 disbursement of deposit shall be necessary, but a copy of the
2905 order disbursing the deposit shall be served upon the * * * 2906 Commissioner of Transportation, or such other process agents as 2907 may be designated by the Mississippi Department of
2908 Transportation * * *. 2909 SECTION 74. Section 65-1-345, Mississippi Code of 1972, is 2910 amended as follows: 2911 65-1-345. The provisions of this article shall not be 2912 considered as amending or repealing any other provisions of law 2913 that prescribe a procedure for the acquisition of property through 2914 eminent domain or condemnation proceedings but shall be considered
2915 as a method and procedure that may be employed by the * * * 2916 Mississippi Department of Transportation as an alternative to any
2917 eminent domain or condemnation proceedings as are otherwise 2918 prescribed by law.
2919 SECTION 75. Section 65-1-501, Mississippi Code of 1972, is 2920 amended as follows:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 117 (AJT\EW) 2921 65-1-501. It is the intent of the Legislature to promote and 2922 provide services economically and to streamline the process for 2923 the weighing of vehicles, the issuance of permits, the collections 2924 of taxes, fees, and assessments and for the enforcement of the 2925 laws of this state, and rules and regulations promulgated by the
2926 Mississippi Department of Transportation * * * and the laws of the 2927 contiguous states and their appropriate agencies and departments,
2928 by authorizing the Mississippi Department of Transportation * * * 2929 to enter into bilateral agreements with contiguous states through 2930 their appropriate officials, departments or agencies, to jointly 2931 locate, construct, staff and operate permanent and portable weight 2932 scales or ports of entry and for the enforcement of the laws of 2933 this state and the rules and regulations of the Mississippi
2934 Department of Transportation * * *, and the laws of such 2935 contiguous states and its agencies and departments.
2936 SECTION 76. Section 65-1-503, Mississippi Code of 1972, is 2937 amended as follows:
2938 65-1-503. The Mississippi Department of Transportation * * * 2939 may negotiate and enter into interstate agreements with contiguous 2940 states through their appropriate officials, departments or
2941 agencies, to jointly provide for the location, construction, 2942 staffing and operation of portable or permanent scales for the 2943 weighing of vehicles and trailers, for the issuance of permits, 2944 for the collection of fees, taxes, and assessments, and for the 2945 enforcement of the laws of this state and the rules and
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 118 (AJT\EW) 2946 regulations of the Mississippi Department of Transportation * * *, 2947 and the laws of such contiguous states and the rules and 2948 regulations of its appropriate agencies or departments.
2949 SECTION 77. Section 65-1-505, Mississippi Code of 1972, is 2950 amended as follows: 2951 65-1-505. The interstate agreement may authorize employees
2952 of either state to weigh machinery, vehicles, trailers and other 2953 equipment under the jurisdiction of the Mississippi Department of
2954 Transportation * * *, issue permits, collect fees, taxes, 2955 interests and penalties imposed by the laws, rules or regulations 2956 of either state or its agencies and departments, enforce the laws 2957 of either state and the rules and regulations of the Mississippi
2958 Department of Transportation * * * and the appropriate agency or 2959 department of such contiguous state. All fees, taxes, 2960 assessments, interest and penalties imposed and collected for and 2961 on behalf of the State of Mississippi in a contiguous state or by 2962 any employee of a contiguous state pursuant to an interstate 2963 agreement entered into under Sections 65-1-501 through 65-1-513
2964 shall be collected, paid and distributed to the Mississippi
2965 Department of Transportation * * * or other appropriate agency of 2966 this state as otherwise provided by law for the collection, 2967 payment and distribution of such fees, taxes, assessments, 2968 interest and penalties in this state.
2969 SECTION 78. Section 65-1-507, Mississippi Code of 1972, is 2970 amended as follows:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 119 (AJT\EW) 2971 65-1-507. The Mississippi Department of Transportation * * * 2972 may appoint employees of the contiguous states as duly authorized
2973 and empowered enforcement officers of the * * * department for the 2974 enforcement of tax, weight, size and load, equipment, safety and
2975 all other laws, rules and regulations of this state and the * * * 2976 department relating to vehicles entering into, exiting, or
2977 traveling upon the highways of this state, and may allow employees
2978 of the * * * department to accept similar positions or 2979 appointments with any contiguous state or the appropriate agency 2980 or department of such state and to enforce the rules, regulations 2981 and laws of such state or its agencies or departments.
2982 SECTION 79. Section 65-1-509, Mississippi Code of 1972, is 2983 amended as follows:
2984 65-1-509. Any employee of a contiguous state which enters 2985 into an interstate agreement under the authority of Sections 2986 65-1-501 through 65-1-513 shall not become an employee of this
2987 state or of the Mississippi Department of Transportation * * *, 2988 and shall not be compensated by this state or be entitled to any
2989 employment benefits either directly or indirectly from this state
2990 or the Mississippi Department of Transportation * * *. The State 2991 of Mississippi or the Mississippi Department of
2992 Transportation * * * or its officers, agents or employees shall 2993 not be subject to civil or criminal liability for the actions or 2994 inactions of such person.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 120 (AJT\EW) 2995 SECTION 80. Section 65-1-513, Mississippi Code of 1972, is 2996 amended as follows:
2997 65-1-513. The Mississippi Department of Transportation * * * 2998 may enact all rules and regulations necessary to implement the 2999 provisions of Sections 65-1-501 through 65-1-513 and the authority 3000 granted in Sections 65-1-501 through 65-1-513 shall be in addition
3001 to the powers granted to the Mississippi Department of
3002 Transportation * * * by Section 65-1-8. 3003 SECTION 81. Section 1-1-11, Mississippi Code of 1972, is 3004 amended as follows: 3005 1-1-11. (1) Except as provided in subsection (2) of this 3006 section, the Joint Committee on Compilation, Revision and 3007 Publication of Legislation shall distribute or provide for the
3008 distribution of the sets of the compilation of the Mississippi 3009 Code of 1972 purchased by the state as follows: 3010 Fifty-seven (57) sets to the Mississippi House of 3011 Representatives and forty (40) sets to the Mississippi Senate for 3012 the use of the Legislative Reference Bureau, Legislative Services
3013 Offices, staffs and committees thereof. 3014 Ten (10) sets to the Governor's Office; nine (9) sets to the
3015 Secretary of State; and twenty (20) sets to the Auditor's Office. 3016 One (1) set to each of the following: the Lieutenant 3017 Governor; each member of the Legislature; the Treasurer; each 3018 district attorney; each county attorney; each judge of the Court 3019 of Appeals and each judge of the Supreme, circuit, chancery,
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 121 (AJT\EW) 3020 county, family, justice and municipal courts; each Mississippi 3021 Senator and Mississippi Representative in Congress; State 3022 Superintendent of Education; Director of the Department of Finance 3023 and Administration; six (6) sets to the Performance Evaluation and 3024 Expenditure Review (PEER) Committee; three (3) sets to the 3025 Director of the Legislative Budget Office; the Commissioner of
3026 Agriculture and Commerce; * * * the Mississippi Transportation 3027 Commissioner; six (6) sets to the Department of Corrections; the 3028 Insurance Commissioner; the Clerk of the Supreme Court; the State 3029 Board of Health; each circuit clerk; each chancery clerk in the 3030 state for the use of the chancery clerk and the board of 3031 supervisors; each sheriff in the state for the use of his office 3032 and the county officers; and each county for the county library
3033 (and an additional set shall be given to each circuit clerk, 3034 chancery clerk, sheriff and county library in counties having two 3035 (2) judicial districts). 3036 Two (2) sets to the Department of Archives and History; two 3037 (2) sets to the State Soil and Water Conservation Commission;
3038 sixty-eight (68) sets to the Attorney General's office; six (6) 3039 sets to the Public Service Commission; four (4) sets to the Public
3040 Utilities Staff; thirty-five (35) sets to the Department of 3041 Revenue; one (1) set to the Board of Tax Appeals; two (2) sets to 3042 the State Personnel Board; six (6) sets to the State Law Library; 3043 one (1) set to the Library of Congress; ten (10) sets to the 3044 University of Mississippi Law School; one (1) set each to the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 122 (AJT\EW) 3045 Mississippi School for the Deaf and the Mississippi School for the 3046 Blind; one (1) set each to the University of Mississippi, 3047 Mississippi State University, Mississippi University for Women, 3048 University of Southern Mississippi, Delta State University, Alcorn 3049 State University, Jackson State University, Mississippi Valley 3050 State University, and the Board of Trustees of State Institutions
3051 of Higher Learning; and one (1) set to the Supreme Court judges' 3052 conference room. In furtherance of the State Library's reciprocal 3053 program of code exchange with libraries of the several states, the 3054 joint committee shall, at the direction and only upon the written 3055 request of the State Librarian, distribute or provide for the 3056 distribution of sets of the code to such libraries. 3057 One (1) set to each state junior or community college; three
3058 (3) sets to the Department of Wildlife, Fisheries and Parks; two 3059 (2) sets to the Department of Environmental Quality; two (2) sets 3060 to the Department of Marine Resources; two (2) sets to the 3061 Mississippi Ethics Commission; six (6) sets to the Mississippi 3062 Workers' Compensation Commission; four (4) sets to the State
3063 Department of Rehabilitation Services; and seven (7) sets to the 3064 Department of Human Services. One (1) set to each of the
3065 following: State Textbook Procurement Commission; University 3066 Medical Center; State Library Commission; Department of 3067 Agriculture and Commerce; Forestry Commission; and seventeen (17) 3068 sets to the Department of Public Safety. Also, one (1) set to 3069 each of the following: Adjutant General, Mississippi Development
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 123 (AJT\EW) 3070 Authority, Department of Banking and Consumer Finance, Bureau of 3071 Building, Grounds and Real Property Management, the State 3072 Educational Finance Commission, the Mississippi Board of 3073 Vocational and Technical Education, Division of Medicaid, State 3074 Board of Mental Health, and Department of Youth Services. 3075 The joint committee is authorized to distribute or provide
3076 for the distribution of additional sets of the Mississippi Code, 3077 not to exceed three (3) sets, to the office of each district 3078 attorney for the use of his assistants. 3079 The joint committee shall provide to the Mississippi House of 3080 Representatives and the Mississippi Senate the annual supplements 3081 to the Mississippi Code of 1972 for each set of the code 3082 maintained by the House and Senate.
3083 The set of the Mississippi Code of 1972 to be provided to 3084 each member of the Legislature shall be provided unless 3085 specifically waived by such legislator in writing. 3086 An elected or appointed officeholder in the State of 3087 Mississippi, except for a member of the Legislature, shall deliver
3088 to his successor in office, or to the joint committee if there is 3089 no successor, the set of the Mississippi Code of 1972 provided the
3090 officeholder under this section. 3091 Before the joint committee delivers or provides for delivery 3092 of a copy of the Mississippi Code of 1972 to an individual 3093 officeholder, the joint committee shall prepare and submit a 3094 written agreement to the officeholder. The agreement shall, among
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 124 (AJT\EW) 3095 other provisions, state that the code is the property of the State 3096 of Mississippi, that it shall be transferred to the officeholder's 3097 successor in office, that the officeholder has an obligation to 3098 make such transfer and that the officeholder shall be responsible 3099 for the failure to deliver the code and for any damage or 3100 destruction to the code, normal wear and tear excepted. The joint
3101 committee shall execute the agreement and forward it to the 3102 officeholder for execution. The joint committee shall not deliver 3103 or provide for delivery of the code to the officeholder until the 3104 executed agreement is received by the committee. The joint 3105 committee may include in the agreement such other provisions as it 3106 may deem reasonable and necessary. In addition to damages or any 3107 other remedy for not transferring a set of the code to his
3108 successor, an officeholder who does not transfer his set of the 3109 code shall be guilty of a misdemeanor and shall, upon conviction, 3110 pay a fine of One Thousand Dollars ($1,000.00). Upon request of 3111 the joint committee, the Attorney General shall assist the joint 3112 committee in taking such actions as necessary to require an
3113 officeholder to transfer the set of code provided under this 3114 section to his successor, or to the joint committee if there is no
3115 successor, and to recover reimbursement or damages from any 3116 officeholder for the loss of or damage or destruction to any 3117 volumes of the set of the code provided under this section, other 3118 than normal wear and tear.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 125 (AJT\EW) 3119 Replacement of missing, damaged or destroyed sets or volumes 3120 of the code provided by this chapter may be obtained from the code 3121 publisher through the joint committee at the established state 3122 cost, the cost to be borne by the recipient. 3123 No more than one (1) set of the Mississippi Code of 1972 3124 shall be furnished to any one (1) individual, regardless of the
3125 office or offices he may hold. 3126 (2) (a) The joint committee, in its discretion, may 3127 determine whether electronic access to the Mississippi Code of 3128 1972 is available and a sufficient substitute for actual bound 3129 volumes of the code and, if so, may omit furnishing any one or 3130 more sets otherwise required by this section. 3131 (b) Each elected state official, elected state district
3132 official and member of the Legislature shall receive a CD-ROM 3133 version of the Mississippi Code of 1972 in lieu of bound volumes 3134 of the Mississippi Code of 1972 unless the official or member of 3135 the Legislature makes a request in writing to the Joint Committee 3136 on Compilation, Revision and Publication of Legislation that he
3137 receive bound volumes of the Mississippi Code of 1972.
3138 SECTION 82. Section 7-5-13, Mississippi Code of 1972, is 3139 amended as follows: 3140 7-5-13. The Attorney General may, with the approval of the 3141 Chief Justice of the Supreme Court, appoint not more than two (2) 3142 competent attorneys, the number to be appointed to be fixed by
3143 the * * * Commissioner of Transportation, each of whom shall be
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 126 (AJT\EW) 3144 designated assistant Attorney General, who shall be assigned
3145 specifically to the handling of the legal affairs of the * * * 3146 Mississippi Department of Transportation. Said assistants shall 3147 possess all of the qualifications required by law of the Attorney 3148 General, shall have power and authority under the direction and 3149 supervision of the Attorney General to perform all the duties
3150 required of that office, and shall be liable to all the pains and 3151 penalties to which the Attorney General is liable. The Attorney 3152 General may discharge any such assistant at his pleasure and 3153 appoint another in his stead. The Attorney General shall fix the 3154 annual salary of each of the additional assistant attorneys 3155 general appointed under the provisions hereof at such sum as he 3156 may deem proper, not to exceed the maximum annual salary fixed by
3157 law for assistant attorneys general, said salary to be paid
3158 monthly from funds of the * * * Mississippi Department of 3159 Transportation. The assistant attorneys general shall devote 3160 their entire time and attention to the duties pertaining to the
3161 Department of Justice and the legal affairs of the * * * 3162 Mississippi Department of Transportation under the control and 3163 direction of the Attorney General.
3164 SECTION 83. Section 7-5-25, Mississippi Code of 1972, is 3165 amended as follows: 3166 7-5-25. The Attorney General shall give his opinion in 3167 writing, without fee, to the Legislature, or either house or any 3168 committee thereof, and to the Governor, the Secretary of State,
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 127 (AJT\EW) 3169 the Auditor of Public Accounts, the State Treasurer, the 3170 Superintendent of Public Education, the Insurance Commissioner, 3171 the Commissioner of Agriculture and Commerce, the State Geologist, 3172 the State Librarian, the Director of Archives and History, the 3173 Adjutant General, the State Board of Health, the Commissioner of 3174 Corrections, the Public Service Commission, Chairman of the State
3175 Tax Commission, the State Forestry Commission, the * * * 3176 Commissioner of Transportation, and any other state officer, 3177 department or commission operating under the law, or which may be 3178 hereafter created; the trustees and heads of any state 3179 institution, the trustees and heads of the universities and the 3180 state colleges, the district attorneys, the boards of supervisors 3181 of the several counties, the sheriffs, the chancery clerks, the
3182 circuit clerks, the superintendents of education, the tax 3183 assessors, county surveyors, the county attorneys, the attorneys 3184 for the boards of supervisors, mayor or council or board of 3185 aldermen of any municipality of this state, and all other county 3186 officers (and no others), when requested in writing, upon any
3187 question of law relating to their respective offices. 3188 When any officer, board, commission, department or person
3189 authorized by this section to require such written opinion of the 3190 Attorney General shall have done so and shall have stated all the 3191 facts to govern such opinion, and the Attorney General has 3192 prepared and delivered a legal opinion with reference thereto, 3193 there shall be no liability, civil or criminal, accruing to or
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 128 (AJT\EW) 3194 against any such officer, board, commission, department or person 3195 who, in good faith, follows the direction of such opinion and acts 3196 in accordance therewith unless a court of competent jurisdiction, 3197 after a full hearing, shall judicially declare that such opinion 3198 is manifestly wrong and without any substantial support. However, 3199 if a court of competent jurisdiction makes such a judicial
3200 declaration about a written opinion of the Attorney General that 3201 applies to acts or omissions of any licensee to which Section 3202 63-19-57, 75-67-137 or 75-67-245 applies, and the licensee has 3203 acted in conformity with that written opinion, the liability of 3204 the licensee shall be governed by Section 63-19-57, 75-67-137 or 3205 75-67-245, as the case may be. No opinion shall be given or 3206 considered if the opinion is given after suit is filed or
3207 prosecution begun.
3208 SECTION 84. Section 7-5-59, Mississippi Code of 1972, is 3209 amended as follows: 3210 7-5-59. (1) The following terms shall have the meanings 3211 ascribed to them herein unless the context requires otherwise:
3212 (a) "Computer crimes" means those crimes defined in 3213 Chapter 45 of Title 97 and sex offenses involving a computer
3214 affecting children as defined in Chapter 5 of Title 97. 3215 (b) "White-collar crime and official corruption" 3216 includes crimes chargeable under the following provisions of law: 3217 (i) Paragraphs (b) and (c) of Section 7-5-59(4), 3218 which relates to obstruction of white-collar crime investigations.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 129 (AJT\EW) 3219 (ii) Section 97-7-10, which relates to the 3220 defrauding of state and local governments. 3221 (iii) Section 97-19-73, which relates to fraud by 3222 mail, wire, radio or television. 3223 (iv) Section 97-9-10, which relates to commercial 3224 bribery.
3225 (v) Section 97-45-3, which relates to computer 3226 fraud. 3227 (vi) Sections 97-11-25 through 97-11-31, which 3228 relate to embezzlement by public officials. 3229 (vii) Section 97-11-33, which relates to extortion 3230 by public officials. 3231 (viii) Sections 97-19-5 through 97-19-31, which
3232 relate to unlawful procurement or use of credit cards. 3233 (ix) Sections 97-23-1 and 97-23-3, which relate to 3234 false, misleading or deceptive advertising. 3235 (x) Sections 97-15-3 and 97-15-5, which relate to
3236 bribery of members and employees of the * * * Mississippi 3237 Department of Transportation and the defrauding of the state
3238 by * * * Mississippi Department of Transportation members, 3239 employees or highway contractors. 3240 (xi) Section 97-9-5, which relates to bribery of 3241 jurors.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 130 (AJT\EW) 3242 (xii) Sections 97-11-11, 97-11-13 and 97-11-53, 3243 which relate to acceptance of bribes by public officials and 3244 bribery of public officials. 3245 (xiii) Sections 97-13-1 and 97-13-3, which relate 3246 to bribery of electors or election officials. 3247 (xiv) Sections 97-23-19 through 97-23-27, which
3248 relate to embezzlement. 3249 (c) "White-collar crime investigations" means an 3250 investigation into any illegal act or acts defined as white-collar 3251 crime. 3252 (d) "Computer crimes investigations" means an 3253 investigation into any illegal act or acts defined as computer 3254 crime.
3255 (e) "Person" means and includes not only an individual, 3256 but also a partnership, corporation, professional firm, nonprofit 3257 organization or other business entity. 3258 (2) The Attorney General is hereby authorized to conduct 3259 official corruption investigations and such other white-collar
3260 crime investigations and computer crime investigations that are of 3261 statewide interest or which are in the protection of public
3262 rights. 3263 (3) (a) In conducting white-collar crime and computer crime 3264 investigations, the Attorney General shall have the authority to 3265 issue and serve subpoenas to any person in control of any 3266 designated documents for the production of such documents,
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 131 (AJT\EW) 3267 including, but not limited to, writings, drawings, graphs, charts, 3268 photographs, phono-records, subscriber records and other data 3269 compilations from which information can be obtained, or translated 3270 through detection devices into reasonably usable form. Such 3271 subpoenas shall require the named person, his agent or attorney, 3272 to appear and deliver the designated documents to a location in
3273 the county of his residence unless the court for good cause shown 3274 directs that the subpoena be issued for the person to deliver such 3275 documents to a location outside of the county of his residence. 3276 Mere convenience of the Attorney General shall not be considered 3277 good cause. The Attorney General or his designee shall have the 3278 authority to inspect and copy such documents. Such subpoenas 3279 shall be issued only upon the ex parte and in camera application
3280 of the Attorney General to the circuit or chancery court of the 3281 county of residence of the person in control of the documents or 3282 the circuit or chancery court of the county where the person in 3283 control of the documents may be found, and only upon a showing 3284 that the documents sought are relevant to a criminal investigation
3285 under this act or may lead to the discovery of such relevant 3286 evidence. Thereafter said court shall have jurisdiction to
3287 enforce or quash such subpoenas and to enter appropriate orders 3288 thereon, and nothing contained in this section shall affect the 3289 right of a person to assert a claim that the information sought is 3290 privileged by law.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 132 (AJT\EW) 3291 (b) A subpoena issued pursuant to this subsection shall 3292 be in substantially the following form: 3293 "SUBPOENA TO PRODUCE DOCUMENTS PURSUANT TO AN 3294 INVESTIGATION BY THE ATTORNEY GENERAL 3295 TO: 3296 YOU ARE HEREBY COMMANDED to appear before the Attorney
3297 General of the State of Mississippi or his designated staff 3298 attorney at the place, date and time specified below in an 3299 investigation being conducted by the Attorney General pursuant to 3300 Section 7-5-59, Mississippi Code of 1972: 3301 Place ______Date and Time ______3302 YOU ARE ALSO COMMANDED to bring with you the following 3303 document(s) or object(s).
3304 ______3305 You are advised that the ______Court of the ______3306 Judicial District of ______County, Mississippi, has 3307 approved the ex parte and in camera application of the Attorney 3308 General to issue this subpoena, and jurisdiction to enforce and/or
3309 quash the subpoena and to enter appropriate orders thereon is 3310 statutorily vested in the said court; enforcement and penal
3311 provisions applicable to an Attorney General's investigation 3312 include those set forth in Section 7-5-59(4), Mississippi Code of 3313 1972; and disclosure of testimony and/or records coming into 3314 possession of the Attorney General pursuant to this subpoena shall 3315 be limited by and subject to the provisions of Section 7-5-59(6),
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 133 (AJT\EW) 3316 Mississippi Code of 1972, (for informational purposes, these cited 3317 statutes are reproduced on the reverse side of this subpoena). 3318 You may wish to consult an attorney in regard to this 3319 subpoena. You have certain state and federal constitutional 3320 rights, including your protection against self-incrimination and 3321 unreasonable search and seizure which this subpoena may affect.
3322 ISSUED BY AND UNDER SEAL OF THE ATTORNEY GENERAL OF THE STATE 3323 OF MISSISSIPPI, this the ____ day of ______, 20___. 3324 (SEAL) ______" 3325 (c) Following service of any subpoena, pursuant to the 3326 provisions of this subsection, a record of the return shall be 3327 made and kept by the Attorney General and subject only to such 3328 disclosure as may be authorized pursuant to the provisions of this
3329 section. 3330 (4) Enforcement and penal provisions applicable to an 3331 investigation under this section shall include the following: 3332 (a) If a person who has been served with a subpoena, 3333 which has been issued and served upon him in accordance with the
3334 provisions of this section, shall fail to deliver or have 3335 delivered the designated documents at the time and place required
3336 in the subpoena, on application of the Attorney General the 3337 circuit or chancery court having approved the issuance of the 3338 subpoena may issue an attachment for such person, returnable 3339 immediately, or at such time and place as the court may direct. 3340 Bond may be required and fine imposed and proceedings had thereon
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 134 (AJT\EW) 3341 as in the case of a subpoenaed witness who fails to appear in 3342 circuit or chancery court. 3343 (b) Every person who shall knowingly and willfully 3344 obstruct, interfere with or impede an investigation under this 3345 section by concealing or destroying any documents, papers or other 3346 tangible evidence which are relevant to an investigation under
3347 this section shall be guilty of a felony and, upon conviction, 3348 shall be punished by a fine of not more than Five Thousand Dollars 3349 ($5,000.00) or by imprisonment for not more than five (5) years, 3350 or by both such fine and imprisonment. 3351 (c) Every person who shall knowingly and willfully 3352 endeavor, by means of bribery, force or intimidation, to obstruct, 3353 delay or prevent the communication of information to any agent or
3354 employee of the Office of the Attorney General or who injures 3355 another person for the purpose of preventing the communication of 3356 such information or an account of the giving of such information 3357 relevant to an investigation under this section shall be guilty of 3358 a felony and, upon conviction, shall be punished by a fine of not
3359 more than Five Thousand Dollars ($5,000.00) or by imprisonment for 3360 not more than five (5) years, or by both such fine and
3361 imprisonment. 3362 (d) The provisions of paragraphs (a), (b) and (c) of 3363 this subsection shall not prohibit the enforcement of, or 3364 prosecution under, any other statutes of this state.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 135 (AJT\EW) 3365 (5) (a) If any person shall refuse, or is likely to refuse, 3366 on the basis of his privilege against self-incrimination, produce 3367 the designated documents as requested by a subpoena issued under 3368 this section or issued by a court, the Attorney General may 3369 request the court, ex parte and in camera, to issue an order 3370 requiring such person to produce the documents information which
3371 he refuses to give or provide on the basis of his privilege 3372 against self-incrimination. The Attorney General may request said 3373 order under this subsection when, in his judgment: 3374 (i) The documents sought from such individual may 3375 be necessary to the public interest; and 3376 (ii) Such individual has refused or is likely to 3377 refuse to produce the designated document on the basis of his
3378 privilege against self-incrimination. 3379 Following such request, an order shall issue in accordance 3380 with this section requiring such person to produce the documents 3381 which he refuses to produce on the basis of his privilege against 3382 self-incrimination.
3383 (b) Whenever a witness refuses, on the basis of his 3384 privilege against self-incrimination, to produce documents, and
3385 the court issues to the witness an order under paragraph (a) of 3386 this subsection, the witness may not refuse to comply with the 3387 order on the basis of his privilege against self-incrimination, 3388 but no documents or information compelled under the aforesaid 3389 order, or any information directly or indirectly derived from such
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 136 (AJT\EW) 3390 documents may be used against the witness in any criminal 3391 proceeding, except a prosecution for perjury, giving a false 3392 statement, or otherwise failing to comply with the order. 3393 (6) Documents in the possession of the Attorney General 3394 gathered pursuant to the provisions of this section and subpoenas 3395 issued by him shall be maintained in confidential files with
3396 access limited to prosecutorial and other law enforcement 3397 investigative personnel on a "need-to-know" basis and shall be 3398 exempt from the provisions of the Mississippi Public Records Act 3399 of 1983, except that upon the filing of an indictment or 3400 information, or upon the filing of an action for recovery of 3401 property, funds or fines, such documents shall be subject to such 3402 disclosure as may be required pursuant to the applicable statutes
3403 or court rules governing the trial of any such judicial 3404 proceeding. 3405 (7) No person, including the Attorney General, a member of 3406 his staff, prosecuting attorney, law enforcement officer, witness, 3407 court reporter, attorney or other person, shall disclose to an
3408 unauthorized person documents, including subpoenas issued and 3409 served, gathered by the Attorney General pursuant to the
3410 provisions of this section, except that upon the filing of an 3411 indictment or information, or upon the filing of an action for 3412 recovery of property, funds or fines, or in other legal 3413 proceedings, such documents shall be subject to such disclosure as 3414 may be required pursuant to applicable statutes and court rules
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 137 (AJT\EW) 3415 governing the trial of any such judicial proceeding. In event of 3416 an unauthorized disclosure of any such documents gathered by the 3417 Attorney General pursuant to the provisions of this section, the 3418 person making any such unauthorized disclosure shall be guilty of 3419 a misdemeanor, and upon conviction thereof, shall be punished by a 3420 fine of not more than One Thousand Dollars ($1,000.00) or
3421 imprisonment of not more than six (6) months, or by both such fine 3422 and imprisonment. 3423 (8) The powers of the Attorney General under this section 3424 shall not diminish the powers of local authorities to investigate 3425 or prosecute any type of white-collar crime violation, computer 3426 crime violation or any other criminal conduct within their 3427 respective jurisdictions, and the provisions of this section shall
3428 be in addition to the powers and authority previously granted the 3429 Attorney General by common, constitutional, statutory or case law. 3430 (9) No person, agent or employee upon whom a subpoena is 3431 served pursuant to this section shall disclose the existence of 3432 the investigation to any person unless such disclosure is
3433 necessary for compliance with the subpoena. Any person who 3434 willfully violates this subsection shall be guilty of a
3435 misdemeanor and may be confined in the county jail for a period 3436 not to exceed one (1) year or fined not more than Ten Thousand 3437 Dollars ($10,000.00), or both.
3438 SECTION 85. Section 11-27-81, Mississippi Code of 1972, is 3439 amended as follows:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 138 (AJT\EW) 3440 11-27-81. The right of immediate possession pursuant to 3441 Sections 11-27-81 through 11-27-89, Mississippi Code of 1972, may 3442 be exercised only:
3443 (a) By the * * * Mississippi Department of 3444 Transportation for the acquisition of highway rights-of-way only; 3445 (b) By any county or municipality for the purpose of
3446 acquiring rights-of-way to connect existing roads and streets to
3447 highways constructed or to be constructed by the * * * Mississippi 3448 Department of Transportation; 3449 (c) By any county or municipality for the purpose of 3450 acquiring rights-of-way for widening existing roads and streets of 3451 such county or municipality; provided, however, that said 3452 rights-of-way shall not displace a property owner from his
3453 dwelling or place of business; 3454 (d) By the boards of supervisors of any county of this 3455 state for the acquisition of highway or road rights-of-way in 3456 connection with a state-aid project designated and approved in 3457 accordance with Sections 65-9-1 through 65-9-31, Mississippi Code
3458 of 1972; 3459 (e) By the Mississippi Wayport Authority for the
3460 purposes of acquiring land and easements for the Southeastern 3461 United States Wayport Project as authorized by Sections 61-4-1 3462 through 61-4-13, Mississippi Code of 1972; 3463 (f) By any county, municipality or county utility 3464 authority created under the Mississippi Gulf Region Utility Act,
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 139 (AJT\EW) 3465 Section 49-17-701 et seq., for the purpose of acquiring 3466 rights-of-way for water, sewer, drainage and other public utility 3467 purposes; provided, however, that such acquisition shall not 3468 displace a property owner from his dwelling or place of business. 3469 A county utility authority should prioritize utilizing easements 3470 within ten (10) feet of an existing right-of-way when economically
3471 feasible. A county utility authority may not exercise the right 3472 to immediate possession under this paragraph after July 1, 2013. 3473 Provisions of this paragraph (f) shall not apply to House District 3474 109; 3475 (g) By any county authorized to exercise the power of 3476 eminent domain under Section 19-7-41 for the purpose of acquiring 3477 land for construction of a federal correctional facility or other
3478 federal penal institution; 3479 (h) By the Mississippi Major Economic Impact Authority 3480 for the purpose of acquiring land, property and rights-of-way for 3481 a project as defined in Section 57-75-5(f)(iv)1 or any facility 3482 related to the project as provided in Section 57-75-11(e)(ii);
3483 (i) By the boards of supervisors of any county of this 3484 state for the purpose of constructing dams or low-water control
3485 structures on lakes or bodies of water under the provisions of 3486 Section 19-5-92; 3487 (j) By the board of supervisors of any county of this 3488 state for the purpose of acquiring land, property and/or 3489 rights-of-way for any project the board of supervisors, by a duly
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 140 (AJT\EW) 3490 adopted resolution, determines to be related to a project as 3491 defined in Section 57-75-5(f)(iv). The board of supervisors of a 3492 county may not exercise the right to immediate possession under 3493 this paragraph (j) after July 1, 2003; 3494 (k) By a regional economic development alliance created 3495 under Section 57-64-1 et seq., for the purpose of acquiring land,
3496 property and/or rights-of-way within the project area and 3497 necessary for any project such an alliance, by a duly adopted 3498 resolution, determines to be related to a project as defined in 3499 Section 57-75-5(f)(xxi). An alliance may not exercise the right 3500 to immediate possession under this paragraph (k) after July 1, 3501 2012; or 3502 (l) By the board of supervisors of any county of this
3503 state for the purpose of acquiring or clearing title to real 3504 property, property and/or rights-of-way within the project site 3505 and necessary for any project such board of supervisors, by a duly 3506 adopted resolution, determines to be related to a project as 3507 defined in Section 57-75-5(f)(xxii). A county may not exercise
3508 the right to immediate possession under this paragraph (l) after 3509 July 1, 2012.
3510 SECTION 86. Section 11-27-91, Mississippi Code of 1972, is 3511 amended as follows:
3512 11-27-91. The * * * Mississippi Department of Transportation 3513 is hereby authorized to set up and maintain such special funds and 3514 accounts as it may consider necessary and proper to make the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 141 (AJT\EW) 3515 deposits and pay the costs as authorized by Sections 11-27-81 3516 through 11-27-89, and to pay such judgments as may be entered and 3517 such other costs as may be incidental to the acquisition of 3518 property for right-of-way purposes. Disbursement from such 3519 special funds shall be by check properly drawn against said fund
3520 signed by such personnel as may be duly authorized by the * * * 3521 Mississippi Department of Transportation.
3522 SECTION 87. Section 11-46-9, Mississippi Code of 1972, is 3523 amended as follows: 3524 11-46-9. (1) A governmental entity and its employees acting 3525 within the course and scope of their employment or duties shall 3526 not be liable for any claim: 3527 (a) Arising out of a legislative or judicial action or
3528 inaction, or administrative action or inaction of a legislative or 3529 judicial nature; 3530 (b) Arising out of any act or omission of an employee 3531 of a governmental entity exercising ordinary care in reliance 3532 upon, or in the execution or performance of, or in the failure to
3533 execute or perform, a statute, ordinance or regulation, whether or 3534 not the statute, ordinance or regulation be valid;
3535 (c) Arising out of any act or omission of an employee 3536 of a governmental entity engaged in the performance or execution 3537 of duties or activities relating to police or fire protection 3538 unless the employee acted in reckless disregard of the safety and
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 142 (AJT\EW) 3539 well-being of any person not engaged in criminal activity at the 3540 time of injury; 3541 (d) Based upon the exercise or performance or the 3542 failure to exercise or perform a discretionary function or duty on 3543 the part of a governmental entity or employee thereof, whether or 3544 not the discretion be abused;
3545 (e) Arising out of an injury caused by adopting or 3546 failing to adopt a statute, ordinance or regulation; 3547 (f) Which is limited or barred by the provisions of any 3548 other law; 3549 (g) Arising out of the exercise of discretion in 3550 determining whether or not to seek or provide the resources 3551 necessary for the purchase of equipment, the construction or
3552 maintenance of facilities, the hiring of personnel and, in 3553 general, the provision of adequate governmental services; 3554 (h) Arising out of the issuance, denial, suspension or 3555 revocation of, or the failure or refusal to issue, deny, suspend 3556 or revoke any privilege, ticket, pass, permit, license,
3557 certificate, approval, order or similar authorization where the 3558 governmental entity or its employee is authorized by law to
3559 determine whether or not such authorization should be issued, 3560 denied, suspended or revoked unless such issuance, denial, 3561 suspension or revocation, or failure or refusal thereof, is of a 3562 malicious or arbitrary and capricious nature;
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 143 (AJT\EW) 3563 (i) Arising out of the assessment or collection of any 3564 tax or fee; 3565 (j) Arising out of the detention of any goods or 3566 merchandise by any law enforcement officer, unless such detention 3567 is of a malicious or arbitrary and capricious nature; 3568 (k) Arising out of the imposition or establishment of a
3569 quarantine, whether such quarantine relates to persons or 3570 property; 3571 (l) Of any claimant who is an employee of a 3572 governmental entity and whose injury is covered by the Workers' 3573 Compensation Law of this state by benefits furnished by the 3574 governmental entity by which he is employed; 3575 (m) Of any claimant who at the time the claim arises is
3576 an inmate of any detention center, jail, workhouse, penal farm, 3577 penitentiary or other such institution, regardless of whether such 3578 claimant is or is not an inmate of any detention center, jail, 3579 workhouse, penal farm, penitentiary or other such institution when 3580 the claim is filed;
3581 (n) Arising out of any work performed by a person 3582 convicted of a crime when the work is performed pursuant to any
3583 sentence or order of any court or pursuant to laws of the State of 3584 Mississippi authorizing or requiring such work; 3585 (o) Under circumstances where liability has been or is 3586 hereafter assumed by the United States, to the extent of such 3587 assumption of liability, including, but not limited to, any claim
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 144 (AJT\EW) 3588 based on activities of the Mississippi National Guard when such 3589 claim is cognizable under the National Guard Tort Claims Act of 3590 the United States, 32 USCS 715 (32 USCS 715), or when such claim 3591 accrues as a result of active federal service or state service at 3592 the call of the Governor for quelling riots and civil 3593 disturbances;
3594 (p) Arising out of a plan or design for construction or 3595 improvements to public property, including, but not limited to, 3596 public buildings, highways, roads, streets, bridges, levees, 3597 dikes, dams, impoundments, drainage channels, diversion channels, 3598 harbors, ports, wharfs or docks, where such plan or design has 3599 been approved in advance of the construction or improvement by the 3600 legislative body or governing authority of a governmental entity
3601 or by some other body or administrative agency, exercising 3602 discretion by authority to give such approval, and where such plan 3603 or design is in conformity with engineering or design standards in 3604 effect at the time of preparation of the plan or design; 3605 (q) Arising out of an injury caused solely by the
3606 effect of weather conditions on the use of streets and highways; 3607 (r) Arising out of the lack of adequate personnel or
3608 facilities at a state hospital or state corrections facility if 3609 reasonable use of available appropriations has been made to 3610 provide such personnel or facilities; 3611 (s) Arising out of loss, damage or destruction of 3612 property of a patient or inmate of a state institution;
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 145 (AJT\EW) 3613 (t) Arising out of any loss of benefits or compensation 3614 due under a program of public assistance or public welfare; 3615 (u) Arising out of or resulting from riots, unlawful 3616 assemblies, unlawful public demonstrations, mob violence or civil 3617 disturbances; 3618 (v) Arising out of an injury caused by a dangerous
3619 condition on property of the governmental entity that was not 3620 caused by the negligent or other wrongful conduct of an employee 3621 of the governmental entity or of which the governmental entity did 3622 not have notice, either actual or constructive, and adequate 3623 opportunity to protect or warn against; provided, however, that a 3624 governmental entity shall not be liable for the failure to warn of 3625 a dangerous condition which is obvious to one exercising due care;
3626 (w) Arising out of the absence, condition, malfunction 3627 or removal by third parties of any sign, signal, warning device, 3628 illumination device, guardrail or median barrier, unless the 3629 absence, condition, malfunction or removal is not corrected by the 3630 governmental entity responsible for its maintenance within a
3631 reasonable time after actual or constructive notice; 3632 (x) Arising out of the administration of corporal
3633 punishment or the taking of any action to maintain control and 3634 discipline of students, as defined in Section 37-11-57, by a 3635 teacher, assistant teacher, principal or assistant principal of a 3636 public school district in the state unless the teacher, assistant 3637 teacher, principal or assistant principal acted in bad faith or
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 146 (AJT\EW) 3638 with malicious purpose or in a manner exhibiting a wanton and 3639 willful disregard of human rights or safety; or 3640 (y) Arising out of the construction, maintenance or 3641 operation of any highway, bridge or roadway project entered into
3642 by the Mississippi Department of Transportation * * * or other 3643 governmental entity and a company under the provisions of Section
3644 65-43-1 or 65-43-3, where the act or omission occurs during the 3645 term of any such contract. 3646 (2) A governmental entity shall also not be liable for any 3647 claim where the governmental entity: 3648 (a) Is inactive and dormant; 3649 (b) Receives no revenue; 3650 (c) Has no employees; and
3651 (d) Owns no property. 3652 (3) If a governmental entity exempt from liability by 3653 subsection (2) becomes active, receives income, hires employees or 3654 acquires any property, such governmental entity shall no longer be 3655 exempt from liability as provided in subsection (2) and shall be
3656 subject to the provisions of this chapter.
3657 SECTION 88. Section 23-15-193, Mississippi Code of 1972, is 3658 amended as follows: 3659 23-15-193. At the election in 1995, and every four (4) years 3660 thereafter, there shall be elected a Governor, Lieutenant 3661 Governor, Secretary of State, Auditor of Public Accounts, State 3662 Treasurer, Attorney General, three (3) public service
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 147 (AJT\EW) 3663 commissioners, * * * Commissioner of Insurance, Commissioner of 3664 Agriculture and Commerce, Senators and members of the House of 3665 Representatives in the Legislature, district attorneys for the 3666 several districts, clerks of the circuit and chancery courts of 3667 the several counties, as well as sheriffs, coroners, assessors, 3668 surveyors and members of the boards of supervisors, justice court
3669 judges and constables, and all other officers to be elected by the 3670 people at the general state election. All such officers shall 3671 hold their offices for a term of four (4) years, and until their 3672 successors are elected and qualified. The state officers shall be 3673 elected in the manner prescribed in Section 140 of the 3674 Constitution.
3675 SECTION 89. Section 23-15-297, Mississippi Code of 1972, is 3676 amended as follows: 3677 23-15-297. All candidates upon entering the race for party 3678 nominations for office shall first pay to the proper officer as 3679 provided for in Section 23-15-299 for each primary election and 3680 all independent candidates and special election candidates shall
3681 pay to the proper officer as provided for in Section 23-15-299 the 3682 following amounts:
3683 (a) Candidates for Governor, One Thousand Dollars ($1,000.00). 3684 (b) Candidates for Lieutenant Governor, Attorney 3685 General, Secretary of State, State Treasurer, Auditor of Public 3686 Accounts, Commissioner of Insurance, Commissioner of Agriculture
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 148 (AJT\EW) 3687 and Commerce * * * and State Public Service Commissioner, Five 3688 Hundred Dollars ($500.00). 3689 (c) Candidates for district attorney, State Senator and 3690 State Representative, Two Hundred Fifty Dollars ($250.00). 3691 (d) Candidates for sheriff, chancery clerk, circuit 3692 clerk, tax assessor, tax collector, county attorney, county
3693 superintendent of education and board of supervisors, One Hundred 3694 Dollars ($100.00). 3695 (e) Candidates for county surveyor, county coroner, 3696 justice court judge and constable, One Hundred Dollars ($100.00). 3697 (f) Candidates for United States Senator, One Thousand 3698 Dollars ($1,000.00). 3699 (g) Candidates for United States Representative, Five
3700 Hundred Dollars ($500.00).
3701 SECTION 90. Section 23-15-881, Mississippi Code of 1972, is 3702 amended as follows:
3703 23-15-881. It shall be unlawful for the * * * board of 3704 supervisors of any county or any member of the board of
3705 supervisors of such county, to employ, during the months of May, 3706 June, July and August of any year in which a general primary
3707 election is held for the nomination and election of * * * members 3708 of the boards of supervisors, a greater number of persons to work
3709 and maintain the state highways, * * * or the public roads, in any 3710 supervisors district of the county * * * than the average number 3711 of persons employed for similar purposes in such * * * supervisors
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 149 (AJT\EW) 3712 district * * * during the months of May, June, July and August of 3713 the three (3) years immediately preceding the year in which such 3714 general primary election is held. It shall be unlawful for
3715 the * * * board of supervisors of any county, to expend out of 3716 the * * * road funds of the county or any supervisors district 3717 thereof * * * in the payment of wages or other compensation for
3718 labor performed in working and maintaining the highways * * * 3719 or * * * public roads of any supervisors district of the 3720 county * * * during the months of May, June, July and August of 3721 such election year, a total amount in excess of the average total
3722 amount expended for such labor, in such * * * supervisors 3723 district * * * during the corresponding four * * *-month period of 3724 the three (3) years immediately preceding.
3725 It shall be the duty of the * * * board of supervisors of 3726 each county * * * to keep sufficient records of the numbers of 3727 employees and expenditures made for labor on the state
3728 highways * * * and * * * public roads of each supervisors 3729 district, for the months of May, June, July and August of each
3730 year, to show the number of persons employed for such work
3731 in * * * each supervisors district * * * during said
3732 four * * *-month period, and the total amount expended in the 3733 payment of salaries and other compensation to such employees, so 3734 that it may be ascertained, from an examination of such records, 3735 whether or not the provisions of this chapter have been violated.
3736 * * *
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 150 (AJT\EW) 3737 SECTION 91. Section 23-15-883, Mississippi Code of 1972, is 3738 amended as follows:
3739 23-15-883. The restriction imposed upon the * * * boards of 3740 supervisors of the several counties in the employment of labor to 3741 work and maintain the state highways and the public roads of the 3742 several supervisors' districts of the county, as provided in
3743 Section 23-15-881, shall not apply to road contractors or bridge 3744 contractors engaged in the construction or maintenance of state
3745 highways or county roads under contracts awarded by the * * * 3746 board of supervisors * * * where such contracts shall have been 3747 awarded to the lowest responsible bidder, after legal 3748 advertisement, as provided by law; nor shall the restriction 3749 imposed in Section 23-15-881 apply to the labor employed by such
3750 road contractors or bridge contractors in carrying out such 3751 contracts. Nor shall the provisions of this chapter apply to the
3752 employment by the * * * board of supervisors * * * of extra labor 3753 employed to make repairs upon the state highways or highway 3754 bridges, or upon the county roads or bridges, in cases where such
3755 state highways or highway bridges, or such county roads or 3756 bridges, have been damaged or destroyed by severe storms, floods
3757 or other unforeseen disasters.
3758 SECTION 92. Section 23-15-887, Mississippi Code of 1972, is 3759 amended as follows:
3760 23-15-887. If any member of the * * * board of supervisors, 3761 or the mayor or any member of the board of aldermen or other
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 151 (AJT\EW) 3762 governing authority of any municipality, shall violate the 3763 provisions of this article, he shall be guilty of a misdemeanor, 3764 and upon conviction thereof, shall be punished by a fine of not 3765 less than One Hundred Dollars ($100.00) nor more than Five Hundred 3766 Dollars ($500.00), or by imprisonment in the county jail for a 3767 term not to exceed six (6) months, or by both such fine and
3768 imprisonment.
3769 SECTION 93. Section 25-3-31, Mississippi Code of 1972, is 3770 amended as follows: 3771 25-3-31. The annual salaries of the following elected state 3772 and district officers are fixed as follows: 3773 Governor...... $122,160.00 3774 Attorney General...... 108,960.00
3775 Secretary of State...... 90,000.00 3776 Commissioner of Insurance...... 90,000.00 3777 State Treasurer...... 90,000.00 3778 State Auditor of Public Accounts...... 90,000.00 3779 Commissioner of Agriculture and Commerce...... 90,000.00
3780 * * * Public Service Commissioners...... 78,000.00 3781 If the person serving as Governor on December 31, 2003, is
3782 reelected to the Office of Governor for the term beginning in the 3783 year 2004, he may choose not to receive the salary increase 3784 authorized by this section, but to receive, instead, an annual 3785 salary of One Hundred One Thousand Eight Hundred Dollars
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 152 (AJT\EW) 3786 ($101,800.00) during his new term of office by filing a written 3787 request with the Department of Finance and Administration.
3788 SECTION 94. Section 25-58-21, Mississippi Code of 1972, is 3789 amended as follows: 3790 25-58-21. (1) There is established the Mississippi 3791 Coordinating Council for Remote Sensing and Geographic Information
3792 Systems, hereinafter referred to as the "council." The council 3793 shall set and assure enforcement of policies and standards to make 3794 it easier for remote sensing and geographic information system 3795 users around the state to share information and to facilitate 3796 cost-sharing arrangements to reduce the costs of acquiring remote 3797 sensing and geographic information system data. The council shall 3798 not oversee or regulate the activities of higher education
3799 entities where it relates to the fields of teaching or research; 3800 however, the council shall be informed of these activities for the 3801 purpose of coordinating these higher education activities with 3802 other public remote sensing and GIS initiatives to achieve the 3803 maximum benefit for the State of Mississippi and its taxpayers.
3804 The council's responsibilities include, but are not limited to: 3805 (a) Coordination of remote sensing and geographic
3806 information system activities within Mississippi; 3807 (b) Establishing policies and standards to guide 3808 Mississippi Department of Information Technology Services (MDITS) 3809 in the review and approval of state and local government
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 153 (AJT\EW) 3810 procurement of both hardware and software development relating to 3811 remote sensing and geographic information systems; 3812 (c) Oversight of MDITS' implementation of these 3813 responsibilities; 3814 (d) Preparing a plan, with proposed state funding 3815 priorities, for Mississippi's remote sensing and geographic
3816 information system activities, including development, operation 3817 and maintenance of the Mississippi Digital Earth Model; 3818 (e) Oversight of the Mississippi Department of 3819 Environmental Quality's development and maintenance of the 3820 Mississippi Digital Earth Model, including establishing policies 3821 and standards for the procurement of remote sensing and geographic 3822 information system data by state and local governmental entities
3823 and establishing the order in which the seven (7) core data layers 3824 shall be developed; 3825 (f) Designating Mississippi's official representative 3826 to the National States Geographic Information Council and to any 3827 other national or regional remote sensing or geographical
3828 information system organizations on which Mississippi has an 3829 official seat;
3830 (g) Establishing and designating the members of an 3831 advisory committee made up of policy level officials from major 3832 state, local, regional and federal agencies, including, but not 3833 limited to, the National Association of Space Administration, the 3834 Mississippi Institute for Forestry Inventory, the Mississippi
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 154 (AJT\EW) 3835 Department of Wildlife, Fisheries and Parks, the Mississippi 3836 Public Utilities Staff, the Department of Marine Resources, the 3837 county E911 coordinator, the State Health Officer, the
3838 Commissioner of Agriculture and Commerce, the * * * Department of 3839 Revenue, the Council of Consulting Engineers and the Mississippi 3840 Band of Choctaw Indians, as well as members of the private sector;
3841 (h) Creating a staff level technical users committee, 3842 in which any public or private sector entity in Mississippi 3843 interested in remote sensing and geographic information may be 3844 allowed to participate;
3845 (i) Coordinating with the * * * Department of Revenue 3846 to assure that state and local governmental entities do not have 3847 to comply with two (2) sets of requirements imposed by different
3848 organizations. 3849 (2) The Mississippi Coordinating Council for Remote Sensing 3850 and Geographic Information Systems will be composed of the 3851 following members: 3852 (a) The Executive Director of the Mississippi
3853 Department of Environmental Quality; 3854 (b) The Executive Director of the Mississippi
3855 Department of Information Technology Services;
3856 (c) The * * * Commissioner of Transportation; 3857 (d) The Executive Director of the Mississippi Emergency 3858 Management Agency;
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 155 (AJT\EW) 3859 (e) The Executive Director of the Mississippi 3860 Development Authority; 3861 (f) The Secretary of State; 3862 (g) The Executive Director of the Mississippi Forestry 3863 Commission; 3864 (h) The Director of the Mississippi State Board of
3865 Registered Professional Geologists; 3866 (i) A representative from the Institutions of Higher 3867 Learning, appointed by the Commissioner of the Institutions of 3868 Higher Learning; 3869 (j) One (1) mayor, serving a municipality, appointed by 3870 the Executive Director of the Mississippi Municipal League; 3871 (k) The Executive Director of the Mississippi Municipal
3872 League or his designee who will serve as the member; 3873 (l) One (1) county supervisor appointed by the 3874 Executive Director of the Mississippi Association of Supervisors; 3875 (m) The Executive Director of the Mississippi 3876 Association of Supervisors or his designee who will serve as the
3877 member; 3878 (n) A member of the Tax Assessors/Collectors
3879 Association or the executive director of the association, to be 3880 appointed by the president of that association; 3881 (o) A representative of the Planning and Development 3882 Districts, appointed by the Governor;
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 156 (AJT\EW) 3883 (p) A Senator, as a nonvoting member, appointed by the
3884 Lieutenant Governor; 3885 (q) A Representative, as a nonvoting member, appointed 3886 by the Speaker of the House; 3887 (r) A county surveyor who is a member of the 3888 Mississippi Association of Professional Surveyors, appointed by
3889 the president of the association; and 3890 The members listed in paragraphs (a) through (g) may appoint 3891 a designee, but the designee must be the head of an office, 3892 bureau, division or branch within the member's agency. 3893 The members of the council shall serve for a term concurrent 3894 with their service as an elected or appointed official or 3895 concurrent with the term of the appointing official.
3896 The Executive Director of the Department of Environmental 3897 Quality shall serve as council chair and the Executive Director of 3898 Information Technology Services as vice chair for the first two 3899 (2) years. After the first two (2) years, the council shall elect 3900 from its members a chair and vice chair, for terms to be specified
3901 by the council. 3902 With regard to the designee chosen by the Executive Director
3903 of the Mississippi Municipal League or the Executive Director of 3904 the Mississippi Association of Supervisors, the designee shall 3905 become a permanent member of the council for a term concurrent 3906 with the term of the appointing executive director.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 157 (AJT\EW) 3907 (3) At the direction of the chairman of the council and 3908 contingent upon the availability of sufficient funds, each member 3909 may receive reimbursement for reasonable expenses, including 3910 travel expenses in accordance with rates established pursuant to 3911 Section 25-3-41, incurred in attending meetings of the council. 3912 Any member of the council who is also a state employee may not
3913 receive per diem compensation for attending meetings of the * * * 3914 council, but may be reimbursed in accordance with Section 25-3-41 3915 for mileage and actual expenses incurred in the performance of the 3916 duties, if authorized by vote, at a meeting of the council, which 3917 action must be recorded in the official minutes of the meeting. 3918 Legislative members of the council will be paid from the 3919 contingent expense funds of their respective houses in the same
3920 amounts as provided for committee meetings when the Legislature is 3921 not in session. 3922 (4) The council may accept money from any source, public or 3923 private, to be expended in implementing the duties under this 3924 section.
3925 (5) The council may utilize staff employed by the agencies 3926 affected by this section and any other assistance made available
3927 to it.
3928 SECTION 95. Section 27-19-81, Mississippi Code of 1972, is 3929 amended as follows: 3930 27-19-81. (1) No vehicle shall be registered by the 3931 Department of Revenue or by a tax collector, and no license tag
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 158 (AJT\EW) 3932 whatsoever shall be issued therefor, where the gross weight of 3933 such vehicle exceeds the limits provided by law. In the event of 3934 an emergency requiring the hauling of a greater gross weight than 3935 permitted by law, the owner or operator of such vehicle shall 3936 obtain an excess weight authorization from the Mississippi 3937 Department of Transportation or local authority having
3938 jurisdiction of the particular road, street or highway before 3939 operating such vehicle on the highways of this state to haul such 3940 a gross weight over a route to be designated by the aforesaid 3941 department. It shall then be necessary for the owner or operator 3942 of the vehicle to obtain a permit from the Mississippi Department
3943 of Transportation * * *, which shall be issued by the department 3944 under the same provisions as are provided for the issuance of trip
3945 permits under Section 27-19-79, but which permit shall likewise be 3946 obtained prior to the operation of such vehicle on the highways. 3947 No persons or agencies other than the Mississippi Department of 3948 Transportation shall have authority to issue the permits provided 3949 for in this section. The fee to be charged for such permits shall
3950 be computed in the same manner provided in Section 27-19-79 for 3951 each one thousand (1,000) pounds, or fractional part thereof, of
3952 gross weight above the licensed capacity of the vehicle, up to the 3953 maximum legal weights provided by this article on the roads to be 3954 traveled. 3955 This subsection shall apply, but not be limited to, any 3956 tractor, road roller or road machinery used solely and
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 159 (AJT\EW) 3957 specifically in road building or other highway construction or 3958 maintenance work. 3959 For each one thousand (1,000) pounds, or fractional part 3960 thereof, in excess of the weight authorized by Sections 63-5-29 3961 and 63-5-33 for any such vehicle or in excess of the limits set by
3962 the Mississippi Department of Transportation * * * for specified 3963 roads and bridges, the fee shall be Five Cents (5¢) per one 3964 thousand (1,000) pounds, or fractional part thereof, for each mile 3965 traveled upon the highways of the state, except that the fee for 3966 manufactured housing modular units, residential or commercial, 3967 shall be Two Cents (2¢) per one thousand (1,000) pounds, or 3968 fractional part thereof, for each mile traveled upon the highways 3969 of the state. Provided, however, no permit shall be issued for a
3970 fee of less than Ten Dollars ($10.00).
3971 The Mississippi Department of Transportation * * * may 3972 provide for an annual permit which will allow preapproved vehicles 3973 and loads to travel predesignated routes with self-issued permits. 3974 Under such self-issuance authority, the owner of the vehicle shall
3975 complete the permit in a format designated by the department, 3976 electronically transmit a copy to the department prior to the
3977 move, and ensure that a copy is in the possession of the operator. 3978 Vehicles having a gross weight exceeding the limits provided by 3979 law that have a nondivisible gross vehicle weight of ninety-five 3980 thousand (95,000) pounds or less, which are otherwise legal, shall 3981 not be restricted as to the hours of the day such vehicles may be
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 160 (AJT\EW) 3982 operated on predesignated routes. The department shall bill the 3983 vehicle owner according to the provisions of the preceding 3984 paragraph. The department is authorized to modify predesignated 3985 routes at any time for cause, such as highway construction or 3986 hazardous highway conditions. The annual fee for the 3987 self-issuance permit authority obtained pursuant to this paragraph
3988 shall be Five Hundred Dollars ($500.00) per owner, regardless of 3989 the number of vehicles which he will operate pursuant to such 3990 permit, in addition to any other fees required by this section. 3991 Any vehicle and load being operated pursuant to this paragraph for 3992 which the operator does not have the permit or a copy thereof in 3993 his possession, or for which a copy of the permit was not 3994 electronically transmitted to the department, shall be deemed not
3995 to have a permit and shall be penalized accordingly. 3996 It shall not be necessary for the owner or operator of a 3997 vehicle to obtain a permit pursuant to this subsection if such 3998 owner or operator has obtained for his vehicle an annual special 3999 permit for vehicles transporting heavy equipment pursuant to
4000 Section 63-5-52. 4001 (2) Before operating a vehicle where the size of the load
4002 being hauled is in excess of that permitted by law, the owner or 4003 operator of such vehicle shall obtain excess size authorization
4004 from the Mississippi Department of Transportation * * * or proper 4005 local authority and an excess size permit from the Mississippi
4006 Department of Transportation * * *. Such excess size permit shall
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 161 (AJT\EW) 4007 be issued by the Mississippi Department of Transportation under 4008 the same provisions as are provided for the issuance of trip 4009 permits under Section 27-19-79, and it shall be obtained prior to 4010 the operation of such vehicle on the highways. The fee to be 4011 charged for such excess size permit shall be Ten Dollars ($10.00) 4012 per trip. Such permits may be issued for an extended period of
4013 time and must coincide with the expiration date and other 4014 provisions of the carrier's permit or authorization issued by the
4015 Mississippi Department of Transportation * * * or local authority. 4016 The fee for such extended permits shall be based upon an annual 4017 fee of One Hundred Dollars ($100.00) per carrier. No permit shall 4018 be issued under this subsection if the issuance of the permit 4019 would violate federal law or would cause the State of Mississippi
4020 to lose federal aid funds. This subsection shall not apply to any 4021 tractor, road roller or road machinery used solely and 4022 specifically in road building or other highway construction or 4023 maintenance work or to any machinery or equipment operated on the 4024 highways or transported thereon in the course of normal farming
4025 activities, including cotton module transporters.
4026 (3) The * * * Commissioner of Transportation may authorize 4027 certain carriers of property to issue overweight and/or oversize
4028 permits for vehicles owned or operated by such carriers * * *. 4029 (4) The owner or operator of a vehicle hauling sand, gravel, 4030 woodchips, wood shavings, sawdust, fill dirt, agricultural 4031 products or unprocessed forestry products may apply to the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 162 (AJT\EW) 4032 Mississippi Department of Transportation for a harvest permit for 4033 the purpose of authorizing any such vehicles to operate on the 4034 highways in this state (other than the federal interstate system 4035 or those highways designated by the Mississippi Department of 4036 Transportation as not capable of carrying more than fifty-seven 4037 thousand six hundred fifty (57,650) pounds at the maximum gross
4038 weight specified in Section 63-5-33). Harvest permits may be 4039 issued and are valid to permit any such vehicle to be operated on 4040 a highway in this state that has been designated by the 4041 Mississippi Department of Transportation as not capable of 4042 carrying more than fifty-seven thousand six hundred fifty (57,650) 4043 pounds only if such vehicle operates in compliance with the 4044 provisions of Section 63-5-29(3)(b). A fee of Twenty-five Dollars
4045 ($25.00) shall be charged for each permit issued. The permit 4046 shall be in the form of a decal which shall be affixed to each 4047 permitted vehicle on the upper left corner of the windshield on 4048 the driver's side. Each permit shall expire one (1) year from its 4049 date of issue. The fees collected under this subsection shall be
4050 deposited into a special fund that is created in the State 4051 Treasury. Monies in the fund shall be allocated and distributed
4052 quarterly, beginning September 30, 1994, to each of the counties 4053 of the state on an equal basis. Monies distributed to the 4054 counties under this subsection shall be deposited in each county's 4055 road and bridge fund and may be expended, upon approval of the 4056 board of supervisors, for any purpose for which county road and
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 163 (AJT\EW) 4057 bridge fund monies lawfully may be expended. This subsection (4) 4058 shall stand repealed from and after July 1, 2019. 4059 (5) Any owner or operator who has met the requirements set
4060 by the Mississippi Department of Transportation * * * may defer 4061 payment of permits issued by the department until the end of the 4062 current month. If full payment is not received by the twentieth
4063 of the following month, there may be added as damages to the total 4064 amount of the delinquency or deficiency the following percentages: 4065 ten percent (10%) for the first offense; fifteen percent (15%) for 4066 the second offense; and twenty-five percent (25%) for the third 4067 and any subsequent offense. Upon the third offense, the 4068 department may suspend the privilege to defer payment. The 4069 balance due shall become payable upon notice and demand by the
4070 department. 4071 (6) The permit fee monies collected under this section, 4072 except as provided for in subsection (4) of this section, shall be 4073 deposited into the State Highway Fund for the construction, 4074 maintenance and reconstruction of highways and roads of the State
4075 of Mississippi or the payment of interest and principal on bonds 4076 authorized by the Legislature for construction and reconstruction
4077 of highways. 4078 (7) The department may waive the permits, taxes and fees set 4079 forth in this section whenever a motor vehicle is operated upon 4080 the public highways in this state in response to an emergency, a 4081 major disaster or the threat of a major disaster.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 164 (AJT\EW) 4082 SECTION 96. Section 27-19-89, Mississippi Code of 1972, is 4083 amended as follows: 4084 27-19-89. (a) If any nonresident owner or operator or other 4085 nonresident person eligible for a temporary permit as provided in 4086 Section 27-19-79, who has not elected to register and pay the 4087 annual privilege taxes prescribed, shall enter or go upon the
4088 public highways of the state and shall fail or refuse to obtain 4089 the permit required by Section 27-19-79, such person shall be 4090 liable, for the first such offense, for the full amount of the 4091 permit fee required, plus a penalty thereon of five hundred 4092 percent (500%). For the second and all subsequent offenses, such 4093 person who fails or refuses to obtain such permits shall be liable 4094 for the pro rata part of the annual tax for the balance of the tag
4095 year for the maximum legal gross weight of the vehicle plus a 4096 penalty thereon of twenty-five percent (25%). Any weight in 4097 excess of the maximum legal gross weight of the vehicle, or in 4098 excess of the maximum highway weight limit, shall be penalized 4099 according to subsection (c) of this section. In either case the
4100 excess weight shall be removed by the operator before the vehicle 4101 can be allowed to proceed. In order to constitute a "second or
4102 subsequent offense" under the provisions hereof, it shall not be 4103 necessary that the same or identical vehicle be involved, it being 4104 the declared purpose hereof to provide that such penalties shall 4105 run against the owner or operator rather than against the 4106 specified vehicle. It is further provided that, in order for such
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 165 (AJT\EW) 4107 owner or operator to become liable for the penalties herein 4108 provided, it shall not be necessary to show that such owner or 4109 operator was guilty of willfulness, gross negligence or 4110 wantonness, but the offense shall be complete upon the failure or 4111 refusal to obtain the required permit. 4112 (b) If any person who has registered his vehicle in
4113 Mississippi shall operate such vehicle upon the public highways, 4114 having a gross weight greater than the licensed gross weight of 4115 such vehicle, and shall fail or refuse to obtain a permit therefor 4116 as required by Section 27-19-79, or if any person shall operate 4117 any such registered vehicle upon the public highways in a higher 4118 classification than that for which it is registered, and shall 4119 fail or refuse to obtain a permit therefor as required by Section
4120 27-19-79, then such person shall be liable for the pro rata part 4121 of the annual tax for the balance of the tag year for the legal 4122 gross weight of such vehicle and in the classification in which 4123 same is being operated, plus a penalty thereon of twenty-five 4124 percent (25%), after having been given credit for the unexpired
4125 part of the privilege tax paid, as provided in Section 27-19-75. 4126 In order that such owner or operator shall become liable for the
4127 penalties herein provided, it shall not be necessary to show that 4128 such owner or operator was guilty of willfulness, gross negligence 4129 or wantonness, but the offense shall be complete upon the failure 4130 or refusal to obtain the required permit.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 166 (AJT\EW) 4131 (c) If any person shall operate upon a highway of this state 4132 a vehicle which has a greater vehicle gross weight than the 4133 maximum gross weight limit established by law for that highway and 4134 shall have failed to obtain an overload permit as required by 4135 Section 27-19-81, or if any person shall operate a vehicle with a 4136 greater load on any axle or axle grouping than allowed by law,
4137 then such person, owner or operator shall be assessed a penalty on 4138 such axle load weight or vehicle gross weight as exceeds the legal 4139 limit in accordance with the following schedule: 4140 AMOUNT IN EXCESS OF 4141 LEGAL HIGHWAY WEIGHT 4142 LIMITS IN POUNDS PENALTY 4143 1 to 999 $10.00 minimum penalty
4144 1,000 to 1,999 1¢ per pound in excess of legal limit 4145 2,000 to 2,999 2¢ per pound in excess of legal limit 4146 3,000 to 3,999 3¢ per pound in excess of legal limit 4147 4,000 to 4,999 4¢ per pound in excess of legal limit 4148 5,000 to 5,999 5¢ per pound in excess of legal limit
4149 6,000 to 6,999 6¢ per pound in excess of legal limit 4150 7,000 to 7,999 7¢ per pound in excess of legal limit
4151 8,000 to 8,999 8¢ per pound in excess of legal limit 4152 9,000 to 9,999 9¢ per pound in excess of legal limit 4153 10,000 to 10,999 10¢ per pound in excess of legal limit 4154 11,000 or more 11¢ per pound in excess of legal limit
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 167 (AJT\EW) 4155 Any vehicle in violation of the tolerance allowed pursuant to 4156 Section 63-5-33(3) shall be fined pursuant to this subsection (c) 4157 for all weight in excess of the legal highway gross weight limit 4158 authorized for such vehicle or for all weight in excess of the 4159 legal tandem axle load weight limit of forty thousand (40,000) 4160 pounds and the legal single axle load limit of twenty thousand
4161 (20,000) pounds, whichever the case may be. 4162 The penalty to be assessed for operations of a vehicle with a 4163 greater load on any axle or axle grouping than the legal axle load 4164 weight limits shall be one-half (1/2) the penalty for operation in 4165 excess of the legal gross weight limit. 4166 In instances where both the legal highway gross weight limit 4167 and the legal axle load weight limit(s) are exceeded, the fine
4168 that shall be levied shall be either the penalty amount for the 4169 excess vehicle gross weight or the total of the penalty amounts of 4170 all overloaded axles, whichever is the larger amount. 4171 Notwithstanding any other provisions of this section to the 4172 contrary, the fine assessed against the holder of a harvest permit
4173 for exceeding a gross vehicle weight of eighty-four thousand 4174 (84,000) pounds shall be Five Cents (5¢) per pound and Fifteen
4175 Cents (15¢) per pound for exceeding a gross vehicle weight of one 4176 hundred thousand (100,000) pounds. 4177 Notwithstanding any other provision of this subsection (c) to 4178 the contrary, upon an appeal to the Appeals Board of the
4179 Mississippi Department of Transportation * * * by an owner or
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 168 (AJT\EW) 4180 operator of a vehicle hauling without a harvest permit any of the 4181 products or materials described in subsection (3) of Section 4182 63-5-33 and upon whom a penalty has been assessed under this 4183 subsection (c) for exceeding the legal weight limit(s) on a 4184 highway having a legal weight limit of eighty thousand (80,000) 4185 pounds or less, the appeals board shall reduce the penalty
4186 assessed against such owner/operator to an amount not to exceed 4187 ten percent (10%) of the amount which would otherwise be due 4188 without the reduction authorized under this paragraph. A 4189 reduction shall not be authorized under this paragraph if the 4190 gross weight of the vehicle for which an owner/operator has been 4191 charged with a violation of this section exceeds eighty-four 4192 thousand (84,000) pounds; and, in any event, no reduction shall be
4193 authorized under this paragraph unless a penalty assessed under 4194 this section is appealed to the appeals board and unless the board 4195 determines, based upon its records, that such owner/operator has 4196 not been granted a penalty reduction under this paragraph within a 4197 period of twelve (12) months immediately preceding the date of
4198 filing an appeal with the board for a penalty reduction under this 4199 paragraph.
4200 (d) If any nonresident owner or operator who has not 4201 registered his vehicle and paid the annual privilege taxes 4202 prescribed shall operate his vehicle upon the highways of this 4203 state when such vehicle has a greater gross weight than permitted 4204 by law for the highway traveled upon, and for which such excess
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 169 (AJT\EW) 4205 gross weight a permit was not or could not be procured from
4206 the * * * Mississippi Department of Transportation as required by 4207 Section 27-19-81, such person shall be liable upon his second and 4208 all subsequent offenses for the pro rata part of the annual tax 4209 for the balance of the tag year for the legal gross weight of the 4210 vehicle, and in addition thereto the penalty fee on the excess
4211 weight as specified in subsection (c) of this section. In order 4212 that such owner or operator shall become liable for the penalties 4213 herein provided, it shall not be necessary that the same or 4214 identical vehicle be involved, it being the declared purpose 4215 hereof to provide that such penalties shall run against the owner 4216 or operator rather than against the specific vehicle. 4217 (e) All fines and penalties imposed and collected by the
4218 Mississippi Department of Transportation for violations of the 4219 maximum legal vehicle weight limits authorized on the highways of 4220 this state shall be deposited into a special fund that is created 4221 in the State Treasury. Monies in the fund shall be allocated and 4222 distributed quarterly, beginning September 30, 1994, to each
4223 county of the state based on the amount of such fines and 4224 penalties imposed and collected in the county during the
4225 immediately preceding three (3) months. Monies distributed to the 4226 counties under this subsection shall be deposited in each county's 4227 road and bridge fund and may be expended, upon approval of the 4228 board of supervisors, for any purpose for which county road and 4229 bridge fund monies lawfully may be expended.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 170 (AJT\EW) 4230 SECTION 97. Section 27-19-93, Mississippi Code of 1972, is 4231 amended as follows: 4232 27-19-93. (a) All contract, common, private commercial, and 4233 private carriers of property, and all common and contract carriers 4234 of passengers, who shall enter or come into the State of 4235 Mississippi upon any highway upon which there has been established
4236 an inspection station, as provided for in Sections 27-5-71 and 4237 27-5-73, shall stop at such station and submit to inspection in 4238 order that the agents or representatives of the Mississippi 4239 Department of Transportation on duty at such station may determine 4240 whether or not such vehicle is liable for the Mississippi motor 4241 vehicle privilege license tax or permit fees, and whether or not 4242 such vehicle is properly licensed in this state. Upon demand
4243 therefor, the driver or operator of such vehicle shall exhibit, 4244 for the inspection of such representatives or agents, the manifest 4245 or bill of lading required to be carried by Section 27-19-91 of 4246 this article, if the vehicle be one that is required to carry such 4247 a manifest or bill of lading. The Mississippi Department of
4248 Transportation * * *, however, shall have authority to exempt from 4249 the requirement to stop at inspection stations carriers who have
4250 been pre-approved based upon criteria established by the state or 4251 the appropriate state agency or agencies. 4252 (b) If the vehicle is not licensed in Mississippi and is 4253 subject to motor vehicle privilege license taxation or permit 4254 fees, or if such vehicle be licensed in an improper license
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 171 (AJT\EW) 4255 classification or for an insufficient gross weight, then the 4256 operator or driver of such vehicle shall obtain and pay the proper 4257 fee for the proper trip permit from such representative, as 4258 provided in Section 27-19-79, or shall make application for a 4259 license tag and pay the proper annual tax therefor; provided, 4260 however, that no permit shall be issued for any vehicle or
4261 combination of vehicles having a gross weight exceeding the limits 4262 prescribed by law; nor shall any application for an annual 4263 privilege license be accepted or received upon such vehicles. 4264 (c) The agent or representative of the Mississippi 4265 Department of Transportation on duty at any such station shall 4266 have the power and authority to weigh such vehicle and the load 4267 thereon by means of portable or stationary scales furnished to him
4268 by the Mississippi Department of Transportation, in order to 4269 determine whether or not the gross weight of such vehicles exceeds 4270 the limits provided by law and in order to determine whether or 4271 not the gross weight exceeds the licensed gross weight of such 4272 vehicle, and for any other purposes connected with and related to
4273 the enforcement and administration of this article.
4274 SECTION 98. Section 27-19-138, Mississippi Code of 1972, is 4275 amended as follows: 4276 27-19-138. (1) In addition to any other remedy provided in
4277 this article, the Mississippi Department of Transportation * * * 4278 or its designated officers or agents, may assess fines and/or 4279 penalties authorized to be imposed by this article, notice of
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 172 (AJT\EW) 4280 which assessment shall be delivered to the owner or operator or 4281 his agent at the time of assessment, by certified mail or personal 4282 delivery, to be collected as provided in this section. 4283 (2) In lieu of seizure and impoundment of vehicles as
4284 provided by Section 27-19-135, the * * * department, in its 4285 discretion, may authorize any owner or operator of a motor vehicle
4286 found to be operated in violation of the provisions of this
4287 article to execute and file with the * * * department a good and 4288 valid bond written by a surety company authorized to do business 4289 in this state in an amount equal to the fines and/or penalties 4290 assessed because of such violation conditioned upon the prompt
4291 payment when due of all such fines and/or penalties. If the * * * 4292 department is satisfied that such owner or operator has property
4293 located in this state of value in excess of the amount of the 4294 fines and/or penalties, it may waive the bond requirement.
4295 (3) If the * * * department elects to assess fines and/or 4296 penalties authorized to be imposed by this article, it may 4297 authorize such terms for payment as shall be deemed appropriate
4298 over a period of time not to exceed six (6) months. Notice of 4299 such terms shall be given to the owner or operator.
4300 (4) The Mississippi Department of Transportation * * * may 4301 refund to any individual, firm or corporation any permit fee or 4302 fine or penalty which has been paid or collected through error or 4303 otherwise when such person, individual, firm or corporation has 4304 paid any such permit fee or fine or penalty in excess of the sum
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 173 (AJT\EW) 4305 properly due, whether or not such payments were made under protest 4306 or compulsion. 4307 (5) All claims for refunds under this section shall be made 4308 within twelve (12) months from the date of the erroneous payment 4309 of such fees or fines or penalties, and such refunds, when
4310 approved by the Mississippi Department of Transportation * * *
4311 shall be made out of any monies collected by the * * * department 4312 from the same source of revenue. If a claim for refund is 4313 disapproved, the claimant shall be notified of such disapproval
4314 and the reasons therefor. Any claimant aggrieved by the * * * 4315 department's disapproval, within thirty (30) days from the date 4316 thereof, may appeal in writing to the Appeals Board of the
4317 Mississippi Department of Transportation * * *. The * * * 4318 department also may refund any amount of a fine and/or penalty
4319 that has been assessed by the * * * department and reduced by 4320 order of the appeals board.
4321 SECTION 99. Section 29-1-1, Mississippi Code of 1972, is 4322 amended as follows:
4323 29-1-1. (1) Except as otherwise provided in subsections 4324 (7), (8), (9) and (13) of this section, the title to all lands
4325 held by any agency of the State of Mississippi shall appear on all 4326 deeds and land records under the name of the "State of 4327 Mississippi." A deed may also recite the name of the agency for 4328 whose benefit and use the land is acquired, but the recital shall 4329 not be deemed or construed to be a limitation on the grant or an
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 174 (AJT\EW) 4330 impairment of title held by the State of Mississippi. Use and 4331 possession of the land may be reassigned by act of the Legislature 4332 or by interagency conveyance where each agency has statutory 4333 authority to acquire and dispose of land. For the purpose of this 4334 section, the term "agency" shall be defined as set forth in 4335 Section 31-7-1(a). The provisions of this section shall not
4336 affect the authority of any agency to use any land held by the 4337 agency. No assets or property of the Public Employees' Retirement 4338 System of Mississippi shall be transferred in violation of Section 4339 272A of the Mississippi Constitution of 1890. Each state agency
4340 shall inventory any state-held lands which are titled in the name 4341 of the agency. The agency shall execute quitclaim deeds and any 4342 other necessary documents to transfer the name and title of the
4343 property to the State of Mississippi. State agencies shall 4344 furnish to the Secretary of State certified copies of the 4345 quitclaim deeds and all other deeds whereby the state agency 4346 acquires or disposes of state-held land. 4347 (2) The Secretary of State, under the general direction of
4348 the Governor and as authorized by law, shall sell and convey the 4349 public lands in the manner and on the terms provided herein for
4350 the several classes thereof; he shall perform all the 4351 administrative and executive duties appertaining to the selection, 4352 location, surveying, platting, listing, and registering these 4353 lands or otherwise concerning them; and he shall investigate the 4354 status of the various "percent" funds accrued and accruing to the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 175 (AJT\EW) 4355 state from the sale of lands by the United States, and shall 4356 collect and pay the funds into the Treasury in the manner provided 4357 by law. The Secretary of State, with the approval of the 4358 Governor, acting on behalf of the state, may accept gifts or 4359 donations of land to the State of Mississippi. 4360 (3) In accordance with Sections 7-11-11 and 7-11-13, the
4361 Secretary of State shall be required to sign all conveyances of 4362 all state-held land. For purposes of this section, the term 4363 "conveyance" shall mean any sale or purchase of land by the State 4364 of Mississippi for use by any agency, board or commission thereof. 4365 Failure to obtain legislative approval pursuant to subsection (4) 4366 of this section and the signature of the Secretary of State on any 4367 conveyance regarding the sale or purchase of lands for the state
4368 including any agency, board or commission thereof, shall render 4369 the attempted sale or purchase of the lands void. Nothing in this 4370 section shall be construed to authorize any state agency, board, 4371 commission or public official to convey any state-held land unless 4372 this authority is otherwise granted by law. The Secretary of
4373 State shall not withhold arbitrarily his signature from any 4374 purchase or sale authorized by the Mississippi State Legislature.
4375 Except for those lands forfeited to the state for the nonpayment 4376 of taxes, conveyed to another state agency or entity as provided 4377 in subsection (11) of this section or acquired by the Mississippi
4378 Department of Transportation * * * under Section 65-1-123, no 4379 state-held land shall be sold for less than the fair market value
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 176 (AJT\EW) 4380 as determined by two (2) professional appraisers selected by the 4381 State Department of Finance and Administration, who are certified 4382 general appraisers of the State of Mississippi. The proceeds from 4383 any sale by an agency, board, commission or public official of 4384 state-held lands shall be deposited into the State General Fund 4385 unless otherwise provided by law.
4386 (4) Before any state-held land is sold to any individual or 4387 private entity, thirty (30) days' advance notice of the intended 4388 sale shall be provided by the Secretary of State to the State 4389 Legislature and to all state agencies for the purpose of 4390 ascertaining whether an agency has a need for the land and for the 4391 purpose of ascertaining whether the sale of the land was 4392 authorized by law. If no agency of the state expresses in writing
4393 to the Secretary of State by the end of the thirty-day period a 4394 desire to use the land, then the Secretary of State, with the 4395 prior approval of the Mississippi Legislature to sell the 4396 state-held land, may offer the land for sale to any individual or 4397 private entity. Such notice to state agencies is given in aid of
4398 internal management of the real property inventory of the state, 4399 and this notice requirement shall not be applied to challenge or
4400 defeat any title heretofore or hereafter granted by the state 4401 under any law authorized by the Mississippi Legislature providing 4402 for the sale or disposal of property. 4403 (5) A cultural resources survey may be performed on any 4404 state-held land before the disposition of the land if the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 177 (AJT\EW) 4405 Mississippi Department of Archives and History deems this survey 4406 necessary. The cost of the survey and any archaeological studies 4407 deemed necessary by the Mississippi Department of Archives and 4408 History shall be paid by the selling agency and recouped from the 4409 proceeds of the sale. 4410 (6) Before any land may be purchased by the state for the
4411 benefit of any state agency, the Secretary of State, or his 4412 designee, shall search and examine all state land records to 4413 determine whether the state owns any land that may fit the 4414 particular need of the agency. The Secretary of State, or his 4415 designee, shall notify the agency if it is determined that any 4416 state-held land is available for use by the agency. The agency 4417 shall determine if such land accommodates its needs and shall
4418 determine whether to make an official request to the proper 4419 authorities to have the use of the land. 4420 (7) This section shall not apply to: (a) any lands 4421 purchased or acquired for construction and maintenance of highways 4422 or highway rights-of-way by the Mississippi Department of
4423 Transportation, or (b) any lands acquired by the state by 4424 forfeiture for nonpayment of ad valorem taxes and heretofore or
4425 hereafter sold under authority of any other section of Chapter 1, 4426 Title 29, specifically relating to tax-forfeited lands.
4427 (8) This section shall not apply to any lands purchased 4428 solely by the use of federal funds or lands for which authority to 4429 transfer or dispose of these lands is governed by federal law or
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 178 (AJT\EW) 4430 federal regulations insofar as the application of this section 4431 limits or impairs the ability of the Secretary of State to acquire 4432 or dispose of the land. However, any state agency acquiring or 4433 disposing of land exempted from the application of this section by 4434 this subsection shall furnish the Secretary of State certified 4435 copies of all deeds executed for those transfers or disposals.
4436 (9) Any lands purchased by the Mississippi Major Economic 4437 Impact Authority for a "project" as defined in Section 57-75-5 4438 shall be excluded from the provisions of this section. 4439 (10) The Secretary of State may recover from any agency, 4440 corporation, board, commission, entity or individual any cost that 4441 is incurred by his office for the record-keeping responsibilities 4442 regarding the sale or purchase of any state-held lands.
4443 (11) Subsections (4), (5) and (6) of this section shall not 4444 apply to sales or purchases of land when the Legislature expressly 4445 authorizes or directs a state agency to sell, purchase or 4446 lease-purchase a specifically described property. However, when 4447 the Legislature authorizes a state agency to sell or otherwise
4448 convey specifically described real property to another state 4449 agency or other entity such as a county, municipality, economic
4450 development district created under Section 19-5-99 or similar 4451 entity, without providing that the conveyance may not be made for 4452 less than the fair market value of the property, then the state 4453 agency authorized to convey such property must make the following 4454 determinations before conveying the property:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 179 (AJT\EW) 4455 (a) That the state agency or other entity to which the 4456 proposed conveyance is to be made has an immediate need for the 4457 property; 4458 (b) That there are quantifiable benefits that will 4459 inure to the state agency or other entity to which the proposed 4460 conveyance is to be made which outweigh any quantifiable costs to
4461 the state agency authorized to make the conveyance; and 4462 (c) That the state agency or other entity to which the 4463 proposed conveyance is to be made lacks available funds to pay 4464 fair market value for the property. If the state agency 4465 authorized to convey such property fails to make such 4466 determinations, then it shall not convey the property for less 4467 than the fair market value of the property.
4468 (12) This section shall not apply to the donation and 4469 conveyance of the Nanih Waiya State Park to the Mississippi Band 4470 of Choctaw Indians. 4471 (13) This section shall not apply to any lands acquired, 4472 sold, or leased pursuant to Section 59-5-1 et seq.
4473 SECTION 100. Section 29-1-77, Mississippi Code of 1972, is 4474 amended as follows:
4475 29-1-77. The * * * Secretary of State, with the approval of 4476 the Governor, is hereby authorized to sell, lease, or donate to
4477 the * * * Mississippi Department of Transportation or to any 4478 county or counties or the Natchez Trace Commission, for 4479 right-of-way purposes or for road material used or useful in the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 180 (AJT\EW) 4480 construction or maintenance of state, federal, and county 4481 highways, any of the public lands of the state, regardless of the 4482 quantity of said lands.
4483 SECTION 101. Section 29-9-1, Mississippi Code of 1972, is 4484 amended as follows: 4485 29-9-1. The State Auditor of Public Accounts shall require
4486 the heads of all state agencies to make an inventory of all lands, 4487 buildings, equipment, furniture, and other personal property owned 4488 by or under the control of the respective agencies, except highway
4489 rights-of-way owned or acquired by the Mississippi * * * 4490 Department of Transportation. The inventories shall be made on 4491 forms to be prescribed and furnished by said State Auditor. 4492 Agencies, including the Legislature, which have on file proper
4493 inventories on August 8, 1968, shall not be required to make new 4494 inventories, but the remaining provisions of this chapter 4495 respecting inventories shall be applicable thereto.
4496 SECTION 102. Section 31-5-33, Mississippi Code of 1972, is 4497 amended as follows:
4498 31-5-33. (1) In any contract for the construction, repair, 4499 alteration or demolition of any building, structure or facility
4500 awarded by the State of Mississippi, or any agency, unit or 4501 department of the State of Mississippi, or by any political 4502 subdivision thereof, which contract provides for progress payments 4503 in installments based upon an estimated percentage of completion 4504 with a percentage of the contract proceeds to be retained by the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 181 (AJT\EW) 4505 state agency, unit or department, or by the political subdivision 4506 or contractor pending completion of the contract, such retainage 4507 shall be five percent (5%), and the amount retained by the prime 4508 contractor from each payment due the subcontractor shall not 4509 exceed the percentage withheld by the state, or any agency, unit 4510 or department of the state, or by any political subdivision
4511 thereof, from the prime contractor. 4512 On any contract as described herein, of which the total 4513 amount is Two Hundred Fifty Thousand Dollars ($250,000.00) or 4514 greater, or on any contract with a subcontractor, regardless of 4515 amount, five percent (5%) shall be retained until the work is at 4516 least fifty percent (50%) complete, on schedule and satisfactory 4517 in the architect's and/or engineer's opinion, at which time fifty
4518 percent (50%) of the retainage held to date shall be returned to 4519 the prime contractor for distribution to the appropriate 4520 subcontractors and suppliers. Provided, however, that future 4521 retainage shall be withheld at the rate of two and one-half 4522 percent (2-1/2%).
4523 (2) The provisions of this section shall not apply to 4524 contracts let by the Mississippi Department of
4525 Transportation * * * for the construction, improvement or 4526 maintenance of roads and bridges.
4527 SECTION 103. Section 31-7-13.1, Mississippi Code of 1972, is 4528 amended as follows:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 182 (AJT\EW) 4529 31-7-13.1. (1) The method of contracting for construction 4530 described in this section shall be known as the "dual-phase 4531 design-build method" of construction contracting. This method of 4532 construction contracting may be used only when the Legislature has 4533 specifically required or authorized the use of this method in the 4534 legislation authorizing a project. At a minimum, the
4535 determination must include a detailed explanation of why using the 4536 dual-phase design-build method for a particular project satisfies 4537 the public need better than the traditional design-bid-build 4538 method based on the following criteria: 4539 (a) The project provides a savings in time or cost over 4540 traditional methods; and 4541 (b) The size and type of the project is suitable for
4542 design-build. 4543 (2) For each proposed dual-phase design-build project, a 4544 two-phase procedure for awarding a contract must be adopted. 4545 During Phase One, and before solicitation of initial proposals, 4546 the agency or governing authority shall develop, with the
4547 assistance of an architectural or engineering firm, a scope of 4548 work statement that provides prospective offerors with sufficient
4549 information regarding the requirements of the agency or governing 4550 authority. The scope of work statement must include, but is not 4551 limited to, the following information:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 183 (AJT\EW) 4552 (a) Drawings must show overall building dimensions and 4553 major lines of dimensions, and site plans that show topography, 4554 adjacent buildings and utilities; 4555 (b) Drawings must include information to adequately 4556 explain HVAC, electrical and structural requirements; 4557 (c) The scope of work statement also must include
4558 building elevations, sections and design details; and 4559 (d) The scope of work statement must include general 4560 budget parameters, schedule or delivery requirements, relevant 4561 criteria for evaluation of proposals, and any other information 4562 necessary to enable the design-builders to submit proposals that 4563 meet the needs of the agency or governing authority. 4564 (3) The agency or governing authority shall cause to be
4565 published once a week, for at least two (2) consecutive weeks in a 4566 regular newspaper published in the county in which the project is 4567 to be located, or a newspaper with statewide circulation, a notice 4568 inviting proposals for the dual-phase design-build construction 4569 project. The proposals shall not be opened in less than fifteen
4570 (15) working days after the last notice is published. The notice 4571 must inform potential offerors of how to obtain the scope of work
4572 statement developed for the project, and the notice must contain 4573 such other information to describe adequately the general nature 4574 and scope of the project so as to promote full, equal and open 4575 competition.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 184 (AJT\EW) 4576 (4) The agency or governing authority shall accept initial 4577 proposals only from entities able to provide an experienced and 4578 qualified design-build team that includes, at a minimum, an 4579 architectural or engineering firm registered in Mississippi and a 4580 contractor properly licensed and domiciled in Mississippi for the 4581 type of work required. From evaluation of initial proposals under
4582 Phase One, the agency or governing authority shall select a 4583 minimum of two (2) and a maximum of five (5) design-builders as 4584 "short-listed firms" to submit proposals for Phase Two. 4585 (5) During Phase Two, the short-listed firms will be invited 4586 to submit detailed designs, specific technical concepts or 4587 solutions, pricing, scheduling and other information deemed 4588 appropriate by the agency or governing authority as necessary to
4589 evaluate and rank acceptability of the Phase Two proposals. After 4590 evaluation of these Phase Two proposals, the agency or governing 4591 authority shall award a contract to the design-builder determined 4592 to offer the best value to the public in accordance with 4593 evaluation criteria set forth in the request for proposals, of
4594 which price must be one, but not necessarily the only, criterion. 4595 (6) If the agency or governing authority accepts a proposal
4596 other than the lowest dollar proposal actually submitted, the 4597 agency or governing authority shall enter on its minutes detailed 4598 calculations and a narrative summary showing why the accepted 4599 proposal was determined to provide the best value, and the agency
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 185 (AJT\EW) 4600 or governing authority shall state specifically on its minutes the 4601 justification for its award. 4602 (7) All facilities that are governed by this section shall 4603 be designed and constructed to comply with standards equal to or 4604 exceeding the minimum building code standards employed by the 4605 state as required under Section 31-11-33 in force at the time of
4606 contracting. All private contractors or private entities 4607 contracting or performing under this section must comply at all 4608 times with all applicable laws, codes and other legal requirements 4609 pertaining to the project. 4610 (8) At its discretion, the agency or governing authority may 4611 award a stipulated fee equal to a percentage, as prescribed in the 4612 request for proposals, of the project's final design and
4613 construction budget, as prescribed in the request for proposals, 4614 but not less than two-tenths of one percent (2/10 of 1%) of the 4615 project's final design and construction budget, to each short-list 4616 offeror who provides a responsive, but unsuccessful, proposal. If 4617 the agency or governing authority does not award a contract, all
4618 responsive final list offerors shall receive the stipulated fee 4619 based on the owner's estimate of the project final design and
4620 construction budget as included in the request for proposals. The 4621 agency or governing authority shall pay the stipulated fee to each 4622 offeror within ninety (90) days after the award of the initial 4623 contract or the decision not to award a contract. In 4624 consideration for paying the stipulated fee, the agency or
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 186 (AJT\EW) 4625 governing authority may use any ideas or information contained in 4626 the proposals in connection with any contract awarded for the 4627 project, or in connection with a subsequent procurement, without 4628 any obligation to pay any additional compensation to the 4629 unsuccessful offerors. Notwithstanding the other provisions of 4630 this subsection, an unsuccessful short-list offeror may elect to
4631 waive the stipulated fee. If an unsuccessful short-list offeror 4632 elects to waive the stipulated fee, the agency or governing 4633 authority may not use ideas and information contained in the 4634 offeror's proposal, except that this restriction does not prevent 4635 the agency or governing authority from using any idea or 4636 information if the idea or information is also included in a 4637 proposal of an offeror that accepts the stipulated fee.
4638 (9) This section shall not authorize the awarding of 4639 construction contracts according to any contracting method that 4640 does not require the contractor to satisfactorily perform, at a 4641 minimum, both any balance of design, using an independent 4642 professional licensed in Mississippi, and construction of the
4643 project for which the contract is awarded. 4644 (10) The provisions of this section shall not affect any
4645 procurement by the Mississippi Department of Transportation * * *. 4646 (11) The provisions of this section shall not apply to 4647 procurement authorized in Section 59-5-37(3).
4648 SECTION 104. Section 31-7-13.2, Mississippi Code of 1972, is 4649 amended as follows:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 187 (AJT\EW) 4650 31-7-13.2 (1) When used in this section, "construction 4651 manager at risk" means a method of project delivery in which a 4652 construction manager guarantees a maximum price for the 4653 construction of a project and in which the governing authority or 4654 board, before using this method of project delivery, shall include 4655 a detailed explanation of why using the construction manager at
4656 risk method of project delivery for a particular project satisfies 4657 the public need better than that traditional design-bid-build 4658 method based on the following criteria: 4659 (a) The use of construction manager at risk for the 4660 project provides a savings in time or cost over traditional 4661 methods; and 4662 (b) The size and type of the project is suitable for
4663 use of the construction management at risk method of project 4664 delivery. 4665 (2) When the construction manager at risk method of project 4666 delivery is used: 4667 (a) There may be a separate contract for design
4668 services and a separate contract for construction services; 4669 (b) The contract for construction services may be
4670 entered into at the same time as a contract for the design 4671 services or later; 4672 (c) Design and construction of the project may be in 4673 sequential or concurrent phases; and
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 188 (AJT\EW) 4674 (d) Finance, maintenance, operation, reconstruction or 4675 other related services may be included for a guaranteed maximum 4676 price. 4677 (3) When procuring design professional services under a 4678 construction manager at risk project delivery method, the agency 4679 or governing authority shall procure the services of a design
4680 professional pursuant to qualifications-based selection 4681 procedures. 4682 (4) Before the substantial completion of the design 4683 documents, the agency or governing authority may elect to hire a 4684 construction manager. 4685 (5) When procuring construction management services, the 4686 agency or governing authority shall follow the
4687 qualifications-based selection procedures as outlined in 4688 subsection (10) of this section or the competitive sealed proposal 4689 procedures as outlined in Section 31-17-13. 4690 (6) The agency or governing authority may require the 4691 architect or engineer and the construction manager, by contract,
4692 to cooperate in the design, planning and scheduling, and 4693 construction process. The contract shall not make the primary
4694 designer or construction manager a subcontractor or joint-venture 4695 partner to the other or limit the primary designer's or 4696 construction manager's independent obligations to the agency or 4697 governing authority.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 189 (AJT\EW) 4698 (7) Notwithstanding anything to the contrary in this 4699 chapter: 4700 (a) Each project for construction under a construction 4701 manager at risk contract shall be a specific, single project with 4702 a minimum construction cost of Twenty-five Million Dollars 4703 ($25,000,000.00).
4704 (b) Each project under a construction manager at risk 4705 contract shall be a specific, single project. For the purposes of 4706 this paragraph, "specific, single project" means a project that is 4707 constructed at a single location, at a common location or for a 4708 common purpose. 4709 (8) Agencies shall retain an independent architectural or 4710 engineering firm to provide guidance and administration of the
4711 professional engineering or professional architecture aspects of 4712 the project throughout the development of the scope, design, and 4713 construction of the project. 4714 (9) The state shall, on an annual basis, compile and make 4715 public all proceedings, records, contracts and other public
4716 records relating to procurement transactions authorized under this 4717 section.
4718 (10) For purposes of this section, the "qualifications-based 4719 selection procedure" shall include: 4720 (a) Publicly announcing all requirements for 4721 architectural, engineering, and land surveying services, to 4722 procure these services on the basis of demonstrated competence and
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 190 (AJT\EW) 4723 qualifications, and to negotiate contracts at fair and reasonable 4724 prices after the most qualified firm has been selected. 4725 (b) Agencies or governing authorities shall establish 4726 procedures to prequalify firms seeking to provide architectural, 4727 engineering, and land surveying services or may use 4728 prequalification lists from other state agencies or governing
4729 authorities to meet the requirements of this section. 4730 (c) Whenever a project requiring architectural, 4731 engineering, or land surveying services is proposed for an agency 4732 or governing authority, the agency or governing authority shall 4733 provide advance notice published in a professional services 4734 bulletin or advertised within the official state newspaper setting 4735 forth the projects and services to be procured for not less than
4736 fourteen (14) days. The professional services bulletin shall be 4737 mailed to each firm that has requested the information or is 4738 prequalified under Section 31-7-13. The professional services 4739 bulletin shall include a description of each project and shall 4740 state the time and place for interested firms to submit a letter
4741 of interest and, if required by the public notice, a statement of 4742 qualifications.
4743 (d) The agency or governing authority shall evaluate 4744 the firms submitting letters of interest and other prequalified 4745 firms, taking into account qualifications. The agency or 4746 governing authority may consider, but shall not be limited to, 4747 considering:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 191 (AJT\EW) 4748 (i) Ability of professional personnel; 4749 (ii) Past record and experience; 4750 (iii) Performance data on file; 4751 (iv) Willingness to meet time requirements; 4752 (v) Location; 4753 (vi) Workload of the firm; and
4754 (vii) Any other qualifications-based factors as 4755 the agency or governing authority may determine in writing are 4756 applicable. 4757 The agency or governing authority may conduct discussions 4758 with and require public presentations by firms deemed to be the 4759 most qualified regarding their qualifications, approach to the 4760 project and ability to furnish the required services.
4761 (e) The agency or governing authority shall establish a 4762 committee to select firms to provide architectural, engineering, 4763 and land surveying services. A selection committee may include at 4764 least one (1) public member nominated by a statewide association 4765 of the profession affected. The public member may not be employed
4766 or associated with any firm holding a contract with the agency or 4767 governing authority nor may the public member's firm be considered
4768 for a contract with that agency or governing authority while 4769 serving as a public member of the committee. In no case shall the 4770 agency or governing authority, before selecting a firm for 4771 negotiation under paragraph (f) of this section, seek formal or 4772 informal submission of verbal or written estimates of costs or
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 192 (AJT\EW) 4773 proposals in terms of dollars, hours required, percentage of 4774 construction cost, or any other measure of compensation. 4775 (f) On the basis of evaluations, discussions, and any 4776 presentations, the agency or governing authority shall select no 4777 less than three (3) firms that it determines to be qualified to 4778 provide services for the project and rank them in order of
4779 qualifications to provide services regarding the specific project. 4780 The agency or governing authority shall then contact the firm 4781 ranked most preferred to negotiate a contract at a fair and 4782 reasonable compensation. If fewer than three (3) firms submit 4783 letters of interest and the agency or governing authority 4784 determines that one (1) or both of those firms are so qualified, 4785 the agency or governing authority may proceed to negotiate a
4786 contract under paragraph (g) of this section. 4787 (g) The agency or governing authority shall prepare a 4788 written description of the scope of the proposed services to be 4789 used as a basis for negotiations and shall negotiate a contract 4790 with the highest qualified firm at compensation that the agency or
4791 governing authority determines in writing to be fair and 4792 reasonable. In making this decision, the agency or governing
4793 authority shall take into account the estimated value, scope, 4794 complexity, and professional nature of the services to be 4795 rendered. In no case may the agency or governing authority 4796 establish a maximum overhead rate or other payment formula 4797 designed to eliminate firms from contention or restrict
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 193 (AJT\EW) 4798 competition or negotiation of fees. If the agency or governing 4799 authority is unable to negotiate a satisfactory contract with the 4800 firm that is most preferred, negotiations with that firm shall be 4801 terminated. The agency or governing authority shall then begin 4802 negotiations with the firm that is next preferred. If the agency 4803 or governing authority is unable to negotiate a satisfactory
4804 contract with that firm, negotiations with that firm shall be 4805 terminated. The agency or governing authority shall then begin 4806 negotiations with the firm that is next preferred. If the agency 4807 or governing authority is unable to negotiate a satisfactory 4808 contract with any of the selected firms, the agency or governing 4809 authority shall reevaluate the architectural, engineering, or land 4810 surveying services requested, including the estimated value,
4811 scope, complexity, and fee requirements. The agency or governing 4812 authority shall then compile a second list of not less than three 4813 (3) qualified firms and proceed in accordance with the provisions 4814 of this section. A firm negotiating a contract with an agency or 4815 governing authority shall negotiate subcontracts for
4816 architectural, engineering, and land surveying services at 4817 compensation that the firm determines in writing to be fair and
4818 reasonable based upon a written description of the scope of the 4819 proposed services. 4820 (11) The provisions of this section shall not affect any
4821 procurement by the Mississippi Department of Transportation * * *.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 194 (AJT\EW) 4822 SECTION 105. Section 31-17-127, Mississippi Code of 1972, is 4823 amended as follows: 4824 31-17-127. (1) (a) At any time when the revenue designated 4825 under Sections 27-5-101, 27-19-99, 27-19-325, 27-57-37 and 4826 27-65-75 to defray the cost of constructing or reconstructing 4827 highways under the Four-Lane Highway Program created under Section
4828 65-3-97 is insufficient to fund the construction priorities as 4829 they are scheduled in subsection (3) of Section 65-3-97, the State 4830 Bond Commission, upon receipt of a resolution from the Mississippi
4831 Department of Transportation * * * requesting the same, is hereby 4832 authorized, on the credit of the state, to make temporary 4833 borrowings in the aggregate principal amount not to exceed Two 4834 Hundred Million Dollars ($200,000,000.00) in order to provide
4835 funds in such amounts as may, from time to time, be deemed 4836 necessary. In order to provide for, and in connection with such 4837 temporary borrowings, the State Bond Commission is hereby 4838 authorized in the name and on behalf of the state to enter into 4839 any purchase, loan or credit agreement, or agreements, or other
4840 agreement or agreements with any banks or trust companies or other 4841 lending institutions, investment banking firms or persons in the
4842 United States having power to enter into the same, which 4843 agreements may contain such provisions not inconsistent with the 4844 provisions of Sections 27-5-101, 27-19-99, 27-19-325, 27-57-37, 4845 27-65-75 and 65-3-97 as may be authorized by the State Bond 4846 Commission.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 195 (AJT\EW) 4847 (b) As an alternative to the issuance of bonds under 4848 the provisions of Sections 65-39-5 through 65-39-33, for the 4849 purpose of providing funds for infrastructure projects under 4850 Section 65-39-1, the State Bond Commission, upon receipt of a
4851 resolution from the Mississippi Department of Transportation * * * 4852 requesting the same, is hereby authorized, on the credit of the
4853 state, to make temporary borrowings in the aggregate principal 4854 amount not to exceed Three Hundred Million Dollars 4855 ($300,000,000.00) in order to provide funds in such amounts as 4856 may, from time to time, be deemed necessary. In order to provide 4857 for, and in connection with such temporary borrowings, the State 4858 Bond Commission is hereby authorized in the name and on behalf of 4859 the state to enter into any purchase, loan or credit agreement, or
4860 agreements, or other agreement or agreements with any banks or 4861 trust companies or other lending institutions, investment banking 4862 firms or persons in the United States having power to enter into 4863 the same, which agreements may contain such provisions not 4864 inconsistent with the provisions of Section 65-39-1 as may be
4865 authorized by the State Bond Commission. It is the intent of the 4866 Legislature that the Mississippi Department of
4867 Transportation * * * adopt such a resolution or resolutions as 4868 often and as frequently as may be necessary to insure the 4869 availability of sufficient funds to provide timely completion of 4870 all projects authorized under Section 65-39-1.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 196 (AJT\EW) 4871 (2) All temporary borrowings made under this section shall 4872 be evidenced by notes of the state which shall be issued, from 4873 time to time, for such amounts not exceeding in the aggregate the 4874 applicable statutory and constitutional debt limitation, in such 4875 form and in such denominations and subject to terms and conditions 4876 of sale and issue, prepayment or redemption and maturity, rate or
4877 rates of interest and time of payment of interest as the State 4878 Bond Commission shall authorize and direct and in accordance with 4879 Sections 27-5-101, 27-19-99, 27-19-325, 27-57-37, 27-65-75, 4880 65-3-97 and 65-39-1; however, such notes shall mature not more 4881 than ten (10) years from the date of issuance. The State Bond 4882 Commission may provide for the subsequent issuance of refunding 4883 notes or bonds to refund, upon issuance thereof, such notes, and
4884 may specify such other terms and conditions with respect to such 4885 refunding notes or bonds thereby authorized for issuance as the 4886 seller may determine and direct, however such refunding notes or 4887 bonds shall mature not more than ten (10) years from date of 4888 issuance.
4889 (3) In connection with the issuance of such refunding notes 4890 or bonds, the State Bond Commission is hereby authorized in the
4891 name and on behalf of the state to enter into agreements with any 4892 banks, trust companies, investment banking firms or other 4893 institutions or persons in the United States having the power to 4894 enter the same:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 197 (AJT\EW) 4895 (a) To purchase or underwrite an issue or series of 4896 issues of refunding notes, or bonds. 4897 (b) To enter into any purchase, loan or credit 4898 agreements, and to draw monies pursuant to any such agreements on 4899 the terms and conditions set forth therein and to issue notes as 4900 evidence of borrowings made under any such agreements.
4901 (c) To appoint or act as issuing and paying agent or 4902 agents with respect to such refunding notes or bonds. 4903 (d) To do such other acts as may be necessary or 4904 appropriate to provide for the payment, when due, of the principal 4905 of and interest on such refunding notes or bonds. 4906 Such agreements may provide for the compensation of any 4907 purchasers or underwriters of such refunding notes or bonds by
4908 payment of a fixed fee or commission at the time of issuance 4909 thereof, and for all other costs and expenses, including fees for 4910 agreements related to such refunding notes or bonds and paying 4911 agent costs. Costs and expenses of issuance may be paid from the 4912 proceeds of the refunding notes or bonds.
4913 (4) At or prior to the time of delivery of these refunding 4914 notes or bonds, the State Bond Commission shall determine the
4915 principal amounts, dates of issue, interest rate or rates, rates 4916 of discount, denominations and all other terms and conditions 4917 relating to the issuance. The State Treasurer shall perform all 4918 acts and things necessary to pay or cause to be paid, when due, 4919 all principal of and interest on the notes being refunded by such
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 198 (AJT\EW) 4920 refunding notes or bonds and to assure that the same may draw upon 4921 any monies available for that purpose pursuant to any purchase 4922 loan or credit agreements established with respect thereto, all 4923 subject to the authorization and direction of the seller. 4924 (5) (a) (i) Such outstanding refunding notes or bonds 4925 evidencing such borrowings to defray the cost of constructing or
4926 reconstructing highways under the Four-Lane Highway Program 4927 established in Section 65-3-97 shall be funded and retired by the 4928 revenue designated under Sections 27-5-101, 27-19-99, 27-19-325, 4929 27-57-37 and 27-65-75 and from any and all legally available 4930 federal aid grant reimbursements which are hereby pledged for this 4931 purpose, which is intended to be a priority use for such pledged 4932 funds for so long as any notes, refunding notes or bonds are
4933 outstanding. Such revenues shall be deposited into the Four-Lane 4934 Highway Trust Fund for the repayment of the debt service of the 4935 refunding notes or bonds in accordance with paragraph (b) of this 4936 subsection (5). Such refunding notes or bonds issued pursuant to 4937 the provisions of this section shall be secured by a first and
4938 priority lien on the revenues pledged therefor. 4939 (ii) Outstanding notes evidencing such borrowings
4940 to defray the cost of infrastructure projects under Section 4941 65-39-1 may be funded and retired from monies in the Gaming 4942 Counties Bond Sinking Fund created under Section 65-39-3. The 4943 refunding notes or bonds must be issued and sold not later than a 4944 date two (2) years after the date of issuance of the first notes
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 199 (AJT\EW) 4945 evidencing such borrowings to the extent that payment of such 4946 notes has not otherwise been made or provided for by sources other 4947 than proceeds of refunding notes or bonds. 4948 (b) There is created in the State Treasury a special 4949 fund designated as the "Four-Lane Highway Trust Fund" into which 4950 shall be deposited the funds designated in this paragraph until
4951 the balance in the fund is equal to the next two (2) debt service 4952 requirements of the refunding notes or bonds issued to defray the 4953 cost of the Four-Lane Highway Program established in Section 4954 65-3-97. Once the required balance in the fund is reached, 4955 deposits shall cease until the amount in the fund falls below the 4956 amount equal to the next two (2) debt service requirements of the 4957 refunding bonds or notes. Unexpended amounts in the fund at the
4958 end of a fiscal year shall not lapse into the State General Fund, 4959 and any interest earned on amounts in the fund shall be deposited 4960 to the credit of the fund. Money in the fund may not be used or 4961 expended for any purpose except as authorized under this 4962 subsection. The State Treasurer shall disburse money from the
4963 fund for the purposes authorized under this subsection. Deposits 4964 into the fund shall be made as follows:
4965 (i) Federal aid grant reimbursements designated 4966 for the Four-Lane Highway Program established in Section 65-3-97 4967 shall be deposited into the Four-Lane Highway Trust Fund until 4968 such time as the balance requirements of this section are met.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 200 (AJT\EW) 4969 (ii) If the federal aid grant reimbursements 4970 designated for the Four-Lane Highway Program are projected by the 4971 State Treasurer to be insufficient to meet the balance 4972 requirements of this paragraph, then the revenue designated under 4973 Sections 27-5-101, 27-19-99, 27-19-325, 27-57-37 and 27-65-75 to 4974 defray the cost of the Four-Lane Highway Program shall be
4975 deposited into the Four-Lane Highway Trust Fund. 4976 (iii) If the amounts required to be deposited by 4977 items (i) and (ii) of this paragraph (b) are projected by the 4978 State Treasurer to be insufficient to meet the balance 4979 requirements of this paragraph, then any other legally available 4980 federal aid grant reimbursements shall be deposited into the 4981 Four-Lane Highway Trust Fund.
4982 At such times as the balance requirements of this paragraph 4983 are met, the State Treasurer shall transfer all excess amounts to 4984 the State Highway Fund. 4985 (c) Any state laws authorizing the imposition or 4986 distribution of taxes, fees or federal reimbursements designated
4987 for the Four-Lane Highway Program created under Section 65-3-97, 4988 or that affect those taxes, fees and federal reimbursements
4989 pledged for the payment of refunding notes or bonds issued under 4990 this section, shall not be amended or repealed or otherwise 4991 directly or indirectly modified so as to impair such outstanding 4992 refunding notes or bonds unless such refunding notes or bonds have
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 201 (AJT\EW) 4993 been discharged in full or provisions have been made for a full 4994 discharge or defeasance. 4995 (6) The proceeds of all such temporary borrowing shall be
4996 paid to the Mississippi Department of Transportation * * * to be 4997 held and disposed of in accordance with the provisions of Sections 4998 27-5-101, 27-19-99, 27-19-325, 27-57-37, 27-65-75, 65-3-97 and
4999 65-39-1.
5000 SECTION 106. Section 37-101-292, Mississippi Code of 1972, 5001 is amended as follows: 5002 37-101-292. (1) Within the limits of the funds available to
5003 the Mississippi Department of Transportation * * * for such 5004 purpose, the * * * Commissioner of Transportation may pay a 5005 stipend to contractual services employees for educational expenses
5006 such as tuition, books and related fees to pursue junior or senior 5007 undergraduate level year coursework toward a bachelor's degree in 5008 civil engineering or graduate level coursework toward a master's 5009 degree in civil engineering to those applicants deemed qualified.
5010 It is the intent of the Legislature that such an educational
5011 program shall be used as a method of encouraging recruitment of 5012 well-qualified civil engineers for employment with the Mississippi
5013 Department of Transportation.
5014 (2) (a) In order to be eligible for this program an 5015 undergraduate participant must: 5016 (i) Have successfully obtained a minimum of 5017 fifty-eight (58) semester hours toward a bachelor of science in
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 202 (AJT\EW) 5018 civil engineering from a state institution of higher learning that 5019 has been fully accredited by the Accreditation Board of 5020 Engineering and Technology; 5021 (ii) Have achieved a minimum grade point average 5022 of 2.75 on a 4.0 scale on the previously obtained semester hours 5023 toward a bachelor of science in civil engineering; and
5024 (iii) Agree to work as a civil engineer at the 5025 Mississippi Department of Transportation for a period of time
5026 equivalent to the period of time for which the applicant receives 5027 a stipend for educational expenses calculated to the nearest whole 5028 month. 5029 (b) In order to be eligible for this program a graduate 5030 participant must:
5031 (i) Have obtained a bachelor of science in civil 5032 engineering from a state institution of higher learning that has 5033 been fully accredited by the Accreditation Board of Engineering 5034 and Technology; 5035 (ii) Have met the regular admission standards and
5036 been accepted into a master of science in civil engineering 5037 program at a state institution of higher learning that has been
5038 fully accredited by the Accreditation Board of Engineering and 5039 Technology; 5040 (iii) Have submitted a proposed graduate program 5041 thesis project for review by the Mississippi Department of 5042 Transportation; and
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 203 (AJT\EW) 5043 (iv) Agree to work as a civil engineer at the 5044 Mississippi Department of Transportation for a period of time 5045 equivalent to the period of time for which the applicant receives 5046 a stipend for educational expenses calculated to the nearest whole 5047 month.
5048 (3) (a) Each participant shall enter into a contract with
5049 the Mississippi Department of Transportation * * *, which shall be 5050 deemed a contract with the State of Mississippi, agreeing to the
5051 terms and conditions upon which the stipend shall be granted to 5052 him. The contract shall include such terms and provisions 5053 necessary to carry out the full purpose and intent of this 5054 section. The form of such contract shall be prepared and approved 5055 by the Attorney General of this state, and shall be signed by
5056 the * * * Commissioner of Transportation and the recipient. If 5057 the recipient is a minor, his minority disabilities shall be 5058 removed by a chancery court of competent jurisdiction before the 5059 contract is signed.
5060 (b) The Mississippi Department of Transportation * * *
5061 may cancel any contract made between it and any participant upon 5062 such cause being deemed sufficient by the executive director.
5063 (c) The Mississippi Department of Transportation * * * 5064 is vested with full and complete authority and power to sue in its 5065 own name any recipient for any balance due the state on any such 5066 uncompleted contract, which suit shall be filed and handled by the
5067 Attorney General of the state. The Mississippi Department of
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 204 (AJT\EW) 5068 Transportation * * * may contract with a collection agency or 5069 banking institution, subject to approval by the Attorney General, 5070 for collection of any balance due the state from any recipient.
5071 The State of Mississippi * * * and the Mississippi Department of 5072 Transportation and its employees are immune from any suit brought 5073 in law or equity for actions taken by the collection agency or
5074 banking institution incidental to or arising from their
5075 performance under the contract. The Mississippi Department of 5076 Transportation * * * may negotiate for the payment of a sum that 5077 is less than full payment in order to satisfy any balance the 5078 recipient owes the state, if necessary or advisable. 5079 (d) Notice of pending default status shall be mailed to
5080 the recipient at the last known address prior to commencing a 5081 lawsuit. 5082 (e) The sponsoring agency shall conduct a hearing of 5083 pending default status, make a final determination, and issue an 5084 Order of Default, if appropriate. 5085 (f) Recipients may appear either personally or by
5086 counsel, or both, and produce and cross-examine witnesses or 5087 evidence in the recipient's behalf. The procedure of the hearing
5088 shall not be bound by the Mississippi Rules of Civil Procedure and 5089 Evidence. 5090 (g) Appeals from a finding of default by the sponsoring 5091 agency shall be to the Circuit Court of Hinds County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 205 (AJT\EW) 5092 (h) Rules and regulations governing this program and 5093 other applicable matters may be promulgated by the sponsoring 5094 agency.
5095 SECTION 107. Section 43-39-12, Mississippi Code of 1972, is 5096 amended as follows: 5097 43-39-12. (1) Except as provided in subsection (2) of this
5098 section, a displaced person shall not be eligible to receive 5099 relocation payments or any other assistance under this chapter if 5100 the displaced person is an alien not lawfully present in the 5101 United States. 5102 (2) If a displacing agency determines by clear and 5103 convincing evidence that a determination of the ineligibility of a 5104 displaced person under subsection (1) of this section would result
5105 in exceptional and extremely unusual hardship to an individual who 5106 is the displaced person's spouse, parent, or child and who is a 5107 citizen of the United States or an alien lawfully admitted for 5108 permanent residence in the United States, the displacing agency 5109 shall provide relocation payments and other assistance to the
5110 displaced person under this chapter if the displaced person would 5111 be eligible for the assistance but for subsection (1) of this
5112 section.
5113 (3) The Mississippi Department of Transportation * * * shall 5114 adopt such rules and regulations as may be necessary to carry out 5115 the provisions of this section and in order to comply with federal 5116 law.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 206 (AJT\EW) 5117 SECTION 108. Section 45-3-21, Mississippi Code of 1972, is 5118 amended as follows: 5119 45-3-21. (1) The powers and duties of the Highway Safety 5120 Patrol shall be, in addition to all others prescribed by law, as 5121 follows: 5122 (a) To enforce all of the traffic laws, rules and
5123 regulations of the State of Mississippi upon all highways of the 5124 state highway system and the rights-of-way of such highways; 5125 provided, however, that if any person commits an offense upon the 5126 state highway system and be pursued by a member of the Highway 5127 Safety Patrol, such patrol officer may pursue and apprehend such 5128 offender upon any of the highways or public roads of this state, 5129 or to any other place to which such offender may flee.
5130 (b) To enforce all rules and regulations of the 5131 commissioner promulgated pursuant to legal authority. 5132 (c) When so directed by the Governor, to enforce any of 5133 the laws of this state upon any of the highways or public roads 5134 thereof.
5135 (d) Upon the request of the State Tax Commission, and 5136 with the approval of the Governor, to enforce all of the
5137 provisions of law with reference to the registration, license and 5138 taxation of vehicles using the highways of this state, and 5139 relative to the sizes, weights and load limits of such vehicles, 5140 and to enforce the provisions of all other laws administered by 5141 the State Tax Commission upon any of the highways or public roads
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 207 (AJT\EW) 5142 of this state; and for such purpose the Highway Safety Patrol 5143 shall have the authority to collect and receive all taxes which 5144 may be due under any of such laws, and to report and remit same to 5145 the State Tax Commission in the manner required by law, or the 5146 rules and regulations of the commission. 5147 (e) Upon request of the Mississippi Department of
5148 Transportation * * *, and when so instructed by the commissioner, 5149 to aid and assist in the enforcement of all laws which such 5150 agencies are authorized or required to enforce, and in the 5151 enforcement of the rules and regulations of such agencies, 5152 including the Mississippi Motor Carrier Regulatory Law of 1938 and 5153 rules and regulations promulgated thereunder. 5154 (f) To arrest without warrant any person or persons
5155 committing or attempting to commit any misdemeanor, felony or 5156 breach of the peace within their presence or view, and to pursue 5157 and so arrest any person committing such an offense to and at any 5158 place in the State of Mississippi where he may go or be. Nothing 5159 herein shall be construed as granting the Mississippi Highway
5160 Safety Patrol general police powers. 5161 (g) To aid and assist any law enforcement officer whose
5162 life or safety is in jeopardy. Additionally, officers of the 5163 Highway Safety Patrol may arrest without warrant any fugitive from 5164 justice who has escaped or who is using the highways of the state 5165 in an attempt to flee. With the approval of the commissioner or 5166 his designee, officers of the Highway Safety Patrol may assist
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 208 (AJT\EW) 5167 other law enforcement agencies in manhunts for convicted felons 5168 who have escaped and/or for alleged felons where there is probable 5169 cause to believe that the person being sought committed the felony 5170 and a felony had actually been committed. 5171 (h) To cooperate with the State Forest Service by 5172 reporting all forest fires.
5173 (i) Upon request of the sheriff or his designee, or 5174 board of supervisors of any county or the chief of police or mayor 5175 of any municipality, and when so instructed by the commissioner or 5176 his designee, to respond to calls for assistance in a law 5177 enforcement incident; such request and action shall be noted and 5178 clearly reflected on the radio logs of both the Mississippi 5179 Highway Safety Patrol district substation and that of the
5180 requesting agency, entered on the local NCIC terminal, if 5181 available, and a request in writing shall follow within 5182 forty-eight (48) hours. Additionally, the time of commencement 5183 and termination of the specific law enforcement incident shall be 5184 clearly noted on the radio logs of both law enforcement agencies.
5185 (2) The Legislature declares that the primary law 5186 enforcement officer in any county in the State of Mississippi is
5187 the duly qualified and elected sheriff thereof, but for the 5188 purposes of this subsection there is hereby vested in the 5189 Department of Public Safety, in addition to the powers hereinabove 5190 mentioned and the other provisions of this section under the terms 5191 and limitations hereinafter mentioned and for the purpose of
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 209 (AJT\EW) 5192 insuring domestic tranquility and for the purpose of preventing or 5193 suppressing, or both, crimes of violence, acts and conduct 5194 calculated to, or which may, provoke or lead to violence and/or 5195 incite riots, mobs, mob violence, a breach of the peace, and acts 5196 of intimidation or terror, the powers and duties to include the 5197 enforcement of all the laws of the State of Mississippi relating
5198 to such purposes, to investigate any violation of the laws of the 5199 State of Mississippi and to aid in the arrest and prosecution of 5200 persons charged with violating the laws of the State of 5201 Mississippi which relate to such purposes. Investigators of the 5202 Bureau of Investigation of the Department of Public Safety shall 5203 have general police powers to enforce all the laws of the State of 5204 Mississippi. All officers of the Department of Public Safety
5205 charged with the enforcement of the laws administered by that 5206 agency, for the purposes herein set forth, shall have full power 5207 to investigate, prevent, apprehend and arrest law violators 5208 anywhere in the state, and shall be vested with the power of 5209 general police officers in the performance of their duties. The
5210 officers of the Department of Public Safety are authorized and 5211 empowered to carry and use firearms and other weapons deemed
5212 necessary in the discharge of their duties as such and are also 5213 empowered to serve warrants and subpoenas issued under the 5214 authority of the State of Mississippi. The Governor shall be 5215 authorized to offer and pay suitable rewards to persons aiding in 5216 the investigation, apprehension and conviction of persons charged
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 210 (AJT\EW) 5217 with acts of violence, or threats of violence or intimidation or 5218 acts of terrorism. The additional powers herein granted to or 5219 vested in the Department of Public Safety or any of its officers 5220 or employees by this section, excepting investigating powers, and 5221 those powers of investigators who shall have general police power, 5222 being the investigators in the Bureau of Investigation of the
5223 Department of Public Safety, shall not be exercised by the 5224 Department of Public Safety, or any of its officers or employees, 5225 except upon authority and direction of the Governor or Acting 5226 Governor, by proclamation duly signed, in the following instances, 5227 to wit: 5228 (a) When requested by the sheriff or board of 5229 supervisors of any county or the mayor of any municipality on the
5230 grounds that mob violence, crimes of violence, acts and conduct of 5231 terrorism, riots or acts of intimidation, or either, calculated to 5232 or which may provoke violence or incite riots, mobs, mob violence, 5233 violence, or lead to any breach of the peace, or either, and acts 5234 of intimidation or terror are anticipated, and when such acts or
5235 conduct in the opinion of the Governor or Acting Governor would 5236 provoke violence or any of the foregoing acts or conduct set out
5237 in this subsection, and the sheriff or mayor, as the case may be, 5238 lacks adequate police force to prevent or suppress the same. 5239 (b) Acting upon evidence submitted to him by the 5240 Department of Public Safety, or other investigating agency 5241 authorized by the Governor or Acting Governor to make such
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 211 (AJT\EW) 5242 investigations, because of the failure or refusal of the sheriff 5243 of any county or mayor of any municipality to take action or 5244 employ such means at his disposal, to prevent or suppress the 5245 acts, conduct or offenses provided for in subsection (1) of this 5246 section, the Governor or Acting Governor deems it necessary to 5247 invoke the powers and authority vested in the Department of Public
5248 Safety. 5249 (c) The Governor or Acting Governor is hereby 5250 authorized and empowered to issue his proclamation invoking the 5251 powers and authority vested by this paragraph, as provided in 5252 paragraphs (a) and (b) of this subsection, and when the Governor 5253 or Acting Governor issues said proclamation in accordance 5254 herewith, said proclamation shall become effective upon the
5255 signing thereof and shall continue in full force and effect for a 5256 period of ninety (90) days, or for a shorter period if otherwise 5257 ordered by the Governor or Acting Governor. At the signing of the 5258 proclamation by the Governor or Acting Governor, the Department of 5259 Public Safety and its officers and employees shall thereupon be
5260 authorized to exercise the additional power and authority vested 5261 in them by this paragraph. The Governor and Acting Governor may
5262 issue additional proclamations for periods of ninety (90) days 5263 each under the authority of paragraphs (a) and (b) of this 5264 subsection (2).
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 212 (AJT\EW) 5265 (3) All proclamations issued by the Governor or Acting 5266 Governor shall be filed in the Office of the Secretary of State on 5267 the next succeeding business day. 5268 (4) It is not the intention of this section to vest the wide 5269 powers and authority herein provided for, as general powers of the 5270 Department of Public Safety, and the same are not hereby so
5271 vested, but to limit these general powers to cases and incidents 5272 wherein it is deemed necessary to prevent or suppress the offenses 5273 and conditions herein mentioned in this and other subsections of 5274 this section, and under the terms and conditions hereinabove 5275 enumerated, it being the sense of the Legislature that the prime 5276 duties of the Department of Public Safety are to patrol the 5277 highways of this state and enforce the highway safety laws.
5278 (5) Patrol officers shall have no interest in any costs in 5279 the prosecution of any case through any court; nor shall any 5280 patrol officer receive any fee as a witness in any court held in 5281 this state, whether a state or federal court. 5282 (6) Provided, however, that the general police power vested
5283 by virtue of the terms of subsection (2) of this section is solely 5284 for the purposes set out in said subsection.
5285 SECTION 109. Section 47-5-71, Mississippi Code of 1972, is 5286 amended as follows:
5287 47-5-71. The * * * Mississippi Department of Transportation 5288 and the Mississippi Department of Corrections are hereby 5289 authorized to enter into and perform agreements to contract
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 213 (AJT\EW) 5290 together for the construction or the pavement of roads by
5291 the * * * Mississippi Department of Transportation in and 5292 adjoining to any facility of the correctional system.
5293 SECTION 110. Section 47-5-133, Mississippi Code of 1972, is 5294 amended as follows: 5295 47-5-133. The commissioner is authorized and empowered to
5296 use the offenders on or off the property of the correctional 5297 system to drain or improve the drainage of any property belonging 5298 to the correctional system. Except as otherwise specifically 5299 provided by law, no offenders at any time are to work off property 5300 of the correctional system except: (a) when some dire calamity or 5301 disaster exists or threatens, or (b) those offenders assigned to 5302 duty at the Governor's Mansion (eight (8)). The Governor may
5303 order offenders to work to avert or control such calamity or 5304 disaster. 5305 Provided, however, that the commissioner may authorize the 5306 working of offenders in support of any road construction, repair
5307 or other project of the * * * Mississippi Department of
5308 Transportation upon proper request therefor by the * * * 5309 Mississippi Department of Transportation. In such cases the
5310 department shall establish all proper regulations for the working, 5311 guarding, safekeeping, clothing, housing and subsistence of 5312 offenders while so working. 5313 Provided further, that the commissioner may authorize the 5314 working and housing of offenders in support of the Mississippi
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 214 (AJT\EW) 5315 Bureau of Narcotics upon proper request therefor by the bureau. In 5316 such cases the department shall establish all proper regulations 5317 for the working, guarding, safekeeping, clothing, housing and 5318 subsistence of offenders while so working. 5319 The commissioner may authorize the working of offenders in 5320 support of any aspect of Mississippi state government where such
5321 work would be appropriate and useful.
5322 SECTION 111. Section 47-5-433, Mississippi Code of 1972, is 5323 amended as follows:
5324 47-5-433. The * * * Mississippi Department of Transportation 5325 may furnish vehicles along state highways to pick up trash bagged 5326 by inmates.
5327 SECTION 112. Section 49-1-33, Mississippi Code of 1972, is 5328 amended as follows: 5329 49-1-33. Whenever the commission shall desire to construct 5330 or cause to be constructed any dam or similar structure in or 5331 across any lake, stream, river or other waters under its control 5332 in order to prevent or control the deterioration or drying up of
5333 such waters, and the construction of such dam or other structure 5334 could cause the level of such waters to be raised and thereby
5335 cause the land or property adjoining or adjacent to such lake, 5336 stream, river, or other waters to be overflowed, inundated or 5337 flooded, the commission shall have the power and authority to 5338 acquire, hold and own any such land or property so overflowed, 5339 inundated or flooded from the owner thereof by purchase, grant,
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 215 (AJT\EW) 5340 donation, or otherwise. The commission is hereby authorized and 5341 empowered to exercise the right of eminent domain to condemn any 5342 such land or property in the manner and method now or hereafter 5343 provided by law for the exercise of such right of eminent domain 5344 by railway, telegraph and telephone companies, and/or the
5345 Mississippi Department of Transportation * * *.
5346 SECTION 113. Section 49-23-3, Mississippi Code of 1972, is 5347 amended as follows: 5348 49-23-3. As used in Sections 49-23-1 through 49-23-29: 5349 (a) "An unzoned commercial or industrial area" is an 5350 area determined by actual land uses which is commercial, 5351 industrial, marketing or mercantile, along a state controlled 5352 route and extending outward along one (1) side of such highway not
5353 more than eight hundred (800) feet from the edge of such activity. 5354 (b) "Areas which are zoned industrial or commercial" 5355 means an area along a state controlled route that has been zoned 5356 or rezoned as industrial or commercial under the authority of any 5357 law of this state, which shall include, without limiting the
5358 generality of the foregoing, zoning districts customarily referred 5359 to as "B" or business, "C" or commercial, "I" or industrial, "M"
5360 or manufacturing and "S" or service and all similar 5361 classifications.
5362 * * * 5363 ( * * *c) "Department" means the Mississippi Department 5364 of Transportation.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 216 (AJT\EW) 5365 ( * * *d) "Erect" means to construct, build, raise, 5366 assemble, place, affix, attach, create, paint, draw, or in any 5367 other way bring into being or establish an advertising message.
5368 ( * * *e) "Great River Road" means that portion of 5369 highway located within this state as officially designated by the 5370 Federal Highway Administration pursuant to the provisions of Title
5371 23, United States Code, "Highways."
5372 ( * * *f) "Information center" means an area or site 5373 established and maintained at safety rest areas for the purpose of 5374 informing the public of places of interest within the state and 5375 providing such other information as the commission may consider 5376 desirable.
5377 ( * * *g) "Interstate system" means that portion of the 5378 national system of interstate and defense highways located within 5379 this state, as officially designated, or as may hereafter be so 5380 designated, by the commission, and approved pursuant to the 5381 provisions of Title 23, United States Code, "Highways."
5382 ( * * *h) "Maintenance" means repair, replacement, 5383 change, renovation or improvement of any outdoor advertising sign 5384 as defined herein. Maintenance shall not include the removal or
5385 destruction of any outdoor advertising sign.
5386 ( * * *i) "National highway system" means that portion 5387 of the national system of interstate and defense highways located 5388 within this state, as officially designated, or as may hereafter
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 217 (AJT\EW) 5389 be so designated by the commission, and approved pursuant to the 5390 provisions of Title 23, United States Code, "Highways."
5391 ( * * *j) "Outdoor advertising" or "outdoor advertising 5392 sign" means by outdoor signs, display, light, device, figure, 5393 painting, drawing, message, plaque, poster, billboard, or other 5394 thing which is designated, intended or used to advertise or
5395 inform, any part of which is visible from any place on the 5396 main-traveled way of a state controlled route.
5397 ( * * *k) "Primary system" means that portion of 5398 connected main highways, as officially designated by the 5399 commission, and approved pursuant to the provisions of Title 23, 5400 United States Code, "Highways."
5401 ( * * *l) "Safety rest area" means an area or site 5402 established and maintained within or adjacent to the right-of-way 5403 or under public supervision or control, for the convenience of the 5404 traveling public.
5405 ( * * *m) "Scenic byway" means a highway that is 5406 designated as a scenic byway under Section 65-41-1 et seq. without
5407 regard to qualification as a Federal Scenic Byway, meaning that 5408 both "state" scenic byway as well as "federal" scenic byway shall
5409 be included under the general category of "scenic byway."
5410 ( * * *n) "State controlled routes" means the 5411 Interstate System, the Federal Primary System, the National 5412 Highway System, the Great River Road and any scenic byways as 5413 defined herein along with any additions or deletions thereto as
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 218 (AJT\EW) 5414 the Federal Highway Administration shall determine by federal 5415 statutes or regulations.
5416 SECTION 114. Section 49-23-7, Mississippi Code of 1972, is 5417 amended as follows:
5418 49-23-7. The * * * Mississippi Department of Transportation 5419 is hereby authorized to promulgate regulations governing the
5420 issuance of permits for the erection and maintenance of outdoor 5421 advertising coming within the exceptions contained in subsections 5422 (a), (d) and (e) of Section 49-23-5, consistent with the safety 5423 and welfare of the traveling public, and as may be necessary to 5424 carry out the policy of the state declared in Section 49-23-1, and 5425 consistent with the national standards promulgated by the 5426 secretary of commerce pursuant to Title 23, United States Code,
5427 provided that such regulations shall not contain any definition 5428 more restrictive than those set forth in Section 49-23-3; nor 5429 shall they be more restrictive than the provisions set forth in 5430 Section 49-23-9.
5431 SECTION 115. Section 49-23-11, Mississippi Code of 1972, is 5432 amended as follows: 5433 49-23-11. (1) No sign, other than signs described in
5434 paragraphs (1)(b), (c) and (f) of Section 49-23-5, may be erected 5435 without first obtaining a permit from the department, which 5436 application for a permit shall be on a form provided by the 5437 department and shall contain such information as the department 5438 may reasonably require. Upon receipt of an application containing
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 219 (AJT\EW) 5439 all required information in due form and appropriately executed, 5440 and upon payment of the required permit fee, the department shall 5441 within ten (10) days thereof issue a permit to the applicant for 5442 the erection of the sign, provided such sign will not violate any 5443 provision of Sections 49-23-1 through 49-23-29. 5444 (2) An initial permit fee of Eighty-five Dollars ($85.00)
5445 for each applicant, regardless of the number of signs at a single 5446 site, shall be charged by the Mississippi Department of 5447 Transportation for a sign permit initially issued to an applicant 5448 after June 30, 1995. An initial permit fee is valid for a period 5449 of twelve (12) months and may be renewed annually upon payment by 5450 the permittee to the department of a fee of Twenty Dollars 5451 ($20.00) per site.
5452 (3) Trees, bushes and vegetation growing at or near 5453 permitted sites may be cleared or removed by a permittee, his 5454 employee or contractor upon application made to and approved by 5455 the department. The department shall charge a permittee a 5456 vegetation clearance fee of Fifty Dollars ($50.00) per site each
5457 time that the department authorizes vegetation clearance.
5458 The * * * department shall provide for a permitting process in its 5459 rules and regulations. Regardless of any rule or regulation to 5460 the contrary, the department shall issue a vegetation clearance 5461 permit if such is sought for the purpose of reducing the height 5462 above road grade of a sign erected prior to July 1, 2003, to forty 5463 (40) feet.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 220 (AJT\EW) 5464 (4) Exempt from the payment of any fees under the provisions 5465 of subsection (2) or (3) of this section are: 5466 (a) Small business signs. A sign is a small business 5467 sign if: 5468 (i) The sign advertises a service or product 5469 offered by a business;
5470 (ii) The sign is not located on the premises of 5471 the business that offers the product or service; 5472 (iii) The sign does not exceed thirty-two (32) 5473 square feet; 5474 (iv) The sign is owned, not leased, by the owner 5475 of the business that offers the product or service; 5476 (v) The only information that appears on the sign
5477 consists of the product or service that is offered by the business 5478 and the name and location of the business; and 5479 (vi) The business that offers the product or 5480 service is located at a single site, is operated by the owner and 5481 employs no more than two (2) individuals, excluding family
5482 members. 5483 (b) Directional signs, public service signs, public
5484 utility signs and other official signs and notices approved under 5485 rules and regulations adopted by the Mississippi Department of
5486 Transportation * * *. 5487 (c) Signs advertising a product or service available 5488 from the same premises where the sign is located.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 221 (AJT\EW) 5489 (5) Nothing contained in this section shall be construed to 5490 limit in any way the authority of any municipality in which the 5491 sign is to be erected, to require a permit from the municipality 5492 to be obtained, and the payment of a reasonable permit fee in 5493 addition to the fee imposed under this section. However, the 5494 governing authorities of any municipality or the board of
5495 supervisors of any county may not annually, regularly or 5496 intermittently impose any fee or privilege license on any business 5497 for its sign or signs that are lawfully located on the business' 5498 property and that are lawfully used for the purpose of advertising 5499 such business, its products or services. The governing 5500 authorities of any municipality or the board of supervisors of any 5501 county may impose an initial, reasonable fee on a business for the
5502 purpose of ensuring compliance of such sign and the installation 5503 thereof with such governing authority's lawful zoning 5504 requirements, public safety requirements or sign restrictions, 5505 but, under no circumstances may the governing authorities of any 5506 municipality or the board of supervisors of any county impose any
5507 fee or privilege license on any business for any lawful sign 5508 located within the interior of a business.
5509 (6) The money received from the fees paid under this section 5510 to the department shall be deposited in the State Highway 5511 Maintenance Fund and may be expended, upon legislative 5512 appropriation, for any purpose for which other monies in such fund 5513 may be expended.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 222 (AJT\EW) 5514 SECTION 116. Section 49-23-13, Mississippi Code of 1972, is 5515 amended as follows: 5516 49-23-13. All persons, partnerships, corporations or other 5517 business entities engaging in the outdoor advertising business, 5518 except persons erecting signs for personal activities or business, 5519 which includes but is not limited to the erection, maintenance and
5520 selling of advertising space on and along the highways and public 5521 roads of Mississippi, shall be required to provide the
5522 Mississippi * * * Department of Transportation a bond under the 5523 rules and regulations as promulgated by the * * * Mississippi 5524 Department of Transportation, but provided said bond does not 5525 exceed One Thousand Dollars ($1,000.00) in amount.
5526 SECTION 117. Section 49-23-17, Mississippi Code of 1972, is 5527 amended as follows: 5528 49-23-17. (1) The Mississippi Department of
5529 Transportation * * * is authorized to acquire by purchase, gift or 5530 condemnation, all advertising devices and any property rights 5531 pertaining thereto, when such advertising devices are required to
5532 be removed under the provisions of Section 49-23-15. Just 5533 compensation shall be paid for the acquisition and for the removal
5534 of any outdoor advertising lawfully erected as defined in Section 5535 131 of Title 23, United States Code, as amended, that is required 5536 to be removed under the provisions of Section 49-23-15. The use 5537 of amortization for whatever period shall not constitute just 5538 compensation.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 223 (AJT\EW) 5539 (2) If any political subdivision or other governmental 5540 agency requires the removal of any outdoor advertising sign 5541 lawfully erected, just compensation shall be paid to the owner of 5542 the sign for the cost of removal plus the fair market value of the 5543 sign removed. The use of amortization for whatever period shall 5544 not constitute just compensation.
5545 (3) Damages resulting from any taking in eminent domain 5546 shall be ascertained in the manner presently provided by law, or 5547 in such manner as the Legislature may hereafter provide, and shall 5548 be limited to: 5549 (a) The taking from the owner of such sign, display or 5550 device of all right, title, leasehold and interest in such sign, 5551 display or device; and
5552 (b) The taking from the owner of the real property on 5553 which the sign, display or device is located, of the right to 5554 erect and maintain such signs, displays and devices thereon, less 5555 enhancement of the property remaining by reason of removal of such 5556 sign, display or device and special benefits resulting therefrom.
5557 (4) This section shall not apply to any on-premises sign 5558 ordinance adopted by a political subdivision or other governmental
5559 agency before May 15, 1992.
5560 SECTION 118. Section 49-23-19, Mississippi Code of 1972, is 5561 amended as follows: 5562 49-23-19. Any advertising device or outdoor advertising 5563 erected which is contrary to the provisions of Sections 49-23-1
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 224 (AJT\EW) 5564 through 49-23-29 or regulations lawfully adopted hereunder is
5565 hereby declared to be a public nuisance. The * * * Mississippi 5566 Department of Transportation shall give thirty (30) days' notice 5567 by certified mail to the owner of such advertising device and 5568 landowner to remove same if it is a prohibited device or cause it 5569 to conform to regulations if it is an authorized device. Failure
5570 to receive the notice shall not prohibit the * * * Mississippi 5571 Department of Transportation from removing the unlawful outdoor 5572 advertising device. If the owner of the outdoor advertising 5573 device fails or refuses to remove same within thirty (30) days as
5574 required in the notice, the * * * Mississippi Department of 5575 Transportation may proceed to secure the removal of same as 5576 authorized in Section 49-23-21.
5577 SECTION 119. Section 49-23-21, Mississippi Code of 1972, is 5578 amended as follows: 5579 49-23-21. In addition to the remedies provided in Sections 5580 49-23-1 through 49-23-29, Mississippi Code of 1972, and which may
5581 otherwise exist under the laws of this state, the * * * 5582 Mississippi Department of Transportation is authorized to petition 5583 the chancery court of any county where any unlawful or
5584 unauthorized outdoor advertising sign, device or display may exist 5585 for injunctive or other appropriate relief. The owner or owners 5586 of each and every outdoor advertising sign, device or display 5587 shall be deemed to be doing business within this state in each and 5588 every county in which such owner or owners shall have erected, or
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 225 (AJT\EW) 5589 cause to be erected, or maintained, and there shall continue to 5590 exist, an outdoor advertising sign, device or display. Once 5591 jurisdiction over the parties is obtained, such chancery court 5592 shall have such jurisdiction over the parties as is necessary in 5593 order to determine if any of said owner or owners' outdoor 5594 advertising is in violation of the provisions of this chapter, and
5595 to enforce the provisions of this chapter, as to each and every 5596 outdoor advertising sign, device or display of such owner or 5597 owners within this state, wheresoever located. However, any such 5598 action shall be res adjudicata only as to the outdoor advertising 5599 signs, devices or displays specifically made a part of such
5600 action; and the * * * Mississippi Department of Transportation 5601 shall be authorized and empowered to maintain any and all other
5602 actions as to other outdoor advertising of such owner or owners 5603 wheresoever located, but not specifically made a part of a 5604 previous action. The court may award costs of any action brought 5605 under this section, including court costs, expenses and reasonable 5606 attorney's fees, to the prevailing party.
5607 SECTION 120. Section 49-23-25, Mississippi Code of 1972, is 5608 amended as follows:
5609 49-23-25. In order to provide information in the specific
5610 interest of the traveling public, the * * * Mississippi Department 5611 of Transportation is hereby authorized to maintain maps and to 5612 permit informational directories and advertising pamphlets to be 5613 made available at safety rest areas, and to establish information
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 226 (AJT\EW) 5614 centers at safety rest areas for the purpose of informing the 5615 public of places of interest within the state and providing such 5616 other information as may be considered desirable.
5617 SECTION 121. Section 49-23-27, Mississippi Code of 1972, is 5618 amended as follows:
5619 49-23-27. The * * * Mississippi Department of Transportation 5620 is hereby authorized to enter into agreements with the United 5621 States Secretary of Commerce as provided by Title 23, United 5622 States Code, relating to the control of outdoor advertising in 5623 areas adjacent to the interstate and primary highway systems, 5624 including the establishment of information centers at safety rest 5625 areas, and to take action in the name of the state to comply with
5626 the terms of such agreement, provided that the * * * Mississippi 5627 Department of Transportation shall not have power to enter into 5628 any agreement calling for more restrictive control of outdoor 5629 advertising than that provided for in Sections 49-23-1 through 5630 49-23-29.
5631 SECTION 122. Section 49-25-5, Mississippi Code of 1972, is 5632 amended as follows: 5633 49-25-5. (a) The term "junk" shall mean old or scrap
5634 copper, brass, rope, rags, batteries, paper, trash, rubber debris, 5635 waste, or junked, dismantled or wrecked automobiles, or parts 5636 thereof, iron, steel, and other old or scrap ferrous or nonferrous 5637 material.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 227 (AJT\EW) 5638 (b) The term "automobile graveyard" shall mean any 5639 establishment or place of business which is maintained, used, or 5640 operated for storing, keeping, buying or selling wrecked, 5641 scrapped, ruined or dismantled motor vehicles or motor vehicle 5642 parts. 5643 (c) The term "junkyard" shall mean an establishment or place
5644 of business which is maintained, operated, or used for storing, 5645 keeping, buying or selling junk, or for the maintenance or 5646 operation of an automobile graveyard, and the term shall include 5647 garbage dumps and sanitary fills. 5648 (d) "Interstate system" means that portion of the national 5649 system of interstate and defense highways located within this 5650 state, as officially designated, or as may hereafter be so
5651 designated, by the * * * Mississippi Department of Transportation, 5652 and approved by the Secretary of Commerce, pursuant to the 5653 provisions of Title 23, United States Code, "Highway." 5654 (e) "Primary system" means that portion of connected main 5655 highways, as officially designated, or as may hereafter be so
5656 designated, by the * * * Mississippi Department of Transportation, 5657 and approved by the Secretary of Commerce, pursuant to the
5658 provisions of Title 23, United States Code, "Highways."
5659 SECTION 123. Section 49-25-7, Mississippi Code of 1972, is 5660 amended as follows: 5661 49-25-7. No person shall establish, operate, or maintain a 5662 junkyard, any portion of which is within one thousand (1,000) feet
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 228 (AJT\EW) 5663 of the nearest edge of the right-of-way of any interstate or 5664 primary highway, except the following: 5665 (a) Those which are screened by natural objects, 5666 plantings, fences, or other appropriate means so as not to be 5667 visible from the main-traveled way of the system, or otherwise 5668 removed from sight.
5669 (b) Those located within areas which are zoned for 5670 industrial use under authority of law. 5671 (c) Those located within unzoned industrial areas, 5672 which areas shall be determined from actual land uses and defined
5673 by regulations to be promulgated by the * * * Mississippi 5674 Department of Transportation. 5675 (d) Those which are not visible from the main-traveled
5676 way of the system.
5677 SECTION 124. Section 49-25-9, Mississippi Code of 1972, is 5678 amended as follows: 5679 49-25-9. Any junkyard lawfully in existence on June 16, 5680 1966, which is within one thousand (1,000) feet of the nearest
5681 edge of the right-of-way and visible from the main-traveled way of 5682 any highway on the interstate or primary system shall be screened,
5683 if feasible, by the * * * Mississippi Department of Transportation 5684 at locations on the highway right-of-way or in areas acquired for 5685 such purposes outside the right-of-way so as not to be visible 5686 from the main-traveled way of such highways.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 229 (AJT\EW) 5687 SECTION 125. Section 49-25-11, Mississippi Code of 1972, is 5688 amended as follows:
5689 49-25-11. The * * * Mississippi Department of Transportation 5690 shall have the authority to promulgate rules and regulations 5691 governing the location, planting, construction and maintenance, 5692 including the materials used in screening or fencing required by
5693 this chapter.
5694 SECTION 126. Section 49-25-13, Mississippi Code of 1972, is 5695 amended as follows:
5696 49-25-13. When the * * * Mississippi Department of 5697 Transportation determines that the topography of the land 5698 adjoining the highways will not permit adequate screening of 5699 junkyards, or the screening of such junkyards would not be
5700 economically feasible, the * * * Mississippi Department of 5701 Transportation shall have the authority to acquire by gift, 5702 purchase, exchange, or condemnation such interests in lands as may 5703 be necessary to secure the removal or disposal of the junkyards, 5704 and to pay just compensation for the costs of relocation, removal
5705 or disposal thereof. When the * * * Mississippi Department of 5706 Transportation determines that it is in the best interest of the
5707 state, it may acquire such lands, or interest in lands, outside 5708 highway rights-of-way as may be necessary to provide adequate 5709 screening of such junkyards.
5710 SECTION 127. Section 49-25-17, Mississippi Code of 1972, is 5711 amended as follows:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 230 (AJT\EW) 5712 49-25-17. Any person, partnership or corporation that seeks 5713 to establish, or establishes, a junkyard within one thousand 5714 (1,000) feet of the nearest right-of-way line of any interstate or 5715 primary highway that does not come within one or more of the 5716 exceptions contained in Section 49-25-7, shall be guilty of a 5717 misdemeanor and, upon conviction thereof, shall be fined not
5718 exceeding Five Hundred Dollars ($500.00) for any such offense. 5719 Each day's presence of the junkyard within the prohibited distance 5720 shall be a separate offense for the purpose of the penalty
5721 provision. In addition thereto, the * * * Mississippi Department 5722 of Transportation may seek injunctive relief in the courts of the 5723 county in which said junkyard may be located to abate the said 5724 nuisance and to require the removal of all junk from the
5725 prohibited area.
5726 SECTION 128. Section 49-25-21, Mississippi Code of 1972, is 5727 amended as follows:
5728 49-25-21. The * * * Mississippi Department of Transportation 5729 is hereby authorized to enter into agreements with the United
5730 States Secretary of Commerce as provided by Title 23, United 5731 States Code, relating to the control of junkyards in areas
5732 adjacent to the interstate and primary systems, and to take action 5733 in the name of the state to comply with the terms of such 5734 agreement.
5735 SECTION 129. Section 55-3-33, Mississippi Code of 1972, is 5736 amended as follows:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 231 (AJT\EW) 5737 55-3-33. (1) The Mississippi Department of Wildlife, 5738 Fisheries and Parks may: 5739 (a) Take charge and have full jurisdiction and control 5740 over all state parks, which parks shall be operated for the 5741 purpose of providing outdoor recreational activities and enjoyment 5742 for the citizens of the State of Mississippi and for the purpose
5743 of attracting visitors to the state. 5744 (b) Set up a uniform accounting procedure for the state 5745 parks and prescribe the manner in which books, records and 5746 accounts shall be kept, which procedure shall account for all 5747 monies taken in and expended by the various parks and shall 5748 provide for periodic audits of such books. 5749 (c) Accept gifts, bequests of money or other property,
5750 real or personal, to be used for the purpose of advancing the 5751 recreation and conservation interests in state parks. The 5752 department is authorized, subject to approval by the State 5753 Legislature, to purchase property, real or personal, to be used 5754 for state park purposes.
5755 (d) Contract with the * * * Mississippi Department of 5756 Transportation * * *, any municipality or board of supervisors of 5757 the state for locating, constructing and maintaining roads and 5758 other improvements in state parks and for payment of a part of the 5759 costs thereof; however, no county or municipality more than 5760 twenty-five (25) miles distant from a state park may contract for, 5761 or do, or pay for any such work for a state park other than the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 232 (AJT\EW) 5762 International Gardens of Mississippi. Any county or municipality 5763 authorized to assist financially under the provisions of Sections 5764 55-3-31 through 55-3-51 is authorized, in the discretion of its 5765 respective governing authority, to set aside, appropriate and 5766 expend monies from the General Fund for the purpose of defraying 5767 such expense after a mandatory election is held on the question
5768 within the county or municipality. 5769 (e) Designate employees as peace officers with power to 5770 make arrests for infraction of the rules and regulations of the 5771 department. Such officers are authorized to carry weapons and to 5772 enforce the laws of the State of Mississippi within the confines 5773 of a state park. 5774 (f) Enforce and delegate the responsibility to enforce
5775 all reasonable rules and regulations governing the occupancy and 5776 use of lands and waters in state parks under its jurisdiction, 5777 supply recreational and conservation facilities and charge fees 5778 for the use of same; review all rates and charges for facilities 5779 and accommodations furnished at the various state parks annually,
5780 making such charges as are justified; and establish fees for 5781 entrance to state parks.
5782 (g) To periodically establish a discounted fee or fees 5783 for the entry and use of selected state parks and recreational 5784 facilities. The discounted fee or fees shall only be used for the 5785 purpose or purposes of marketing and promotion to increase the 5786 patronage and revenue of those selected parks and facilities. The
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 233 (AJT\EW) 5787 discounted fee or fees shall not be considered a donation of state 5788 property. 5789 Each park shall retain from revenues generated therein, a sum 5790 sufficient to pay necessary expenses of operation, but in no event 5791 to be less than seventy-five percent (75%) of such revenues. 5792 (2) The department shall have the authority to lease to any
5793 entity, sell and convey or otherwise transfer to any county or 5794 municipality, or close any state park or historical site within 5795 its jurisdiction which received a general fund subsidy in fiscal 5796 year 1985 in excess of Two Dollars ($2.00) per visitor to such 5797 state park or historical site; provided, however, that this 5798 authority shall not include the authority to sell, lease or convey 5799 any park that was not in operation under the jurisdiction of the
5800 department for a full fiscal year prior to fiscal year 1986. 5801 (3) The department may execute agreements with 5802 rails-to-trails and recreational districts by which the department 5803 will assume responsibility for the operation and maintenance of 5804 trails developed under Sections 55-25-1 through 55-25-15.
5805 (4) (a) The department may contract with the electric 5806 public utility with a certificate of public convenience and
5807 necessity to serve the area where a state park is located for the 5808 transfer of ownership of the electrical infrastructure in the 5809 state park to that electric public utility. 5810 (b) If the electric public utility enters into an 5811 agreement for the operation and maintenance of electrical
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 234 (AJT\EW) 5812 facilities in a state park, the electric public utility may 5813 perform any upgrades to the electrical infrastructure of the park 5814 that are necessary for the electrical infrastructure to be in 5815 compliance with the electric public utility standards. The 5816 electric public utility may assess the costs of the upgrades to 5817 the department upon the terms and conditions agreed to by the
5818 department and the electric public utility. 5819 (c) The department may contract with the electric 5820 public utility with the certificate of public convenience and 5821 necessity to serve the area for the erection, construction, 5822 maintenance, operation and control of electric distribution 5823 substations, electric transmission lines, electrical 5824 appurtenances, electrical appliances or electrical equipment
5825 necessary or useful in the operation or distribution of electric 5826 power or energy in the state park. 5827 (d) Any agreement entered into by the department and an 5828 electric public utility under this subsection is exempt from the 5829 public purchasing requirements under Section 31-7-13.
5830 SECTION 130. Section 55-5-7, Mississippi Code of 1972, is 5831 amended as follows:
5832 55-5-7. The * * * Mississippi Department of Transportation 5833 is hereby fully authorized to convey and set over unto the United 5834 States government, or any of its subsidiary departments when 5835 approved by the Governor of the State of Mississippi, any and all 5836 rights of way or roads which it may own or possess or have
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 235 (AJT\EW) 5837 authority over, conveying same exclusively to the United States 5838 government or conveying joint control thereof to the United States 5839 government for the purpose of aiding in the location, building, 5840 construction and maintenance of a national highway or parkway in 5841 the State of Mississippi.
5842 SECTION 131. Section 55-5-19, Mississippi Code of 1972, is 5843 amended as follows: 5844 55-5-19. The intent of this section is to assent to any act 5845 of the United States Congress authorizing the development of any 5846 national parkway located wholly or partly within the State of 5847 Mississippi, to the full extent that is necessary to secure any 5848 benefits under such act, provided that the hunting of migratory 5849 water fowl and other game and fishing shall not be prohibited or
5850 otherwise restricted by the United States government or any of its 5851 designated agencies in control of said project. It is the further 5852 intent of this section to authorize the appropriate state boards,
5853 commissions, and departments, and especially the * * * Mississippi 5854 Department of Transportation, and the governing bodies of
5855 counties, cities, towns and villages, to cooperate in the planning 5856 and development of all national parkways that may be proposed for
5857 development in Mississippi, with any agency or department of the 5858 government of the United States in which is vested the necessary 5859 authority to construct or otherwise develop such national 5860 parkways. Whenever authority shall exist for the planning and 5861 development of any national parkway, of which any portion shall be
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 236 (AJT\EW) 5862 located in this state, it shall be the duty of the * * * 5863 Mississippi Department of Transportation to make such 5864 investigations and studies in cooperation with the appropriate 5865 federal agency, and such state boards, commissions and departments 5866 as shall have an interest in such parkway development, to the 5867 extent that shall be desirable and necessary in order to provide
5868 that the state shall secure all advantages that may accrue through 5869 such parkway development and that the interests of the counties, 5870 cities, villages and towns along the route shall be conserved.
5871 SECTION 132. Section 55-5-23, Mississippi Code of 1972, is 5872 amended as follows:
5873 55-5-23. The * * * Mississippi Department of Transportation 5874 shall have full authority to make such investigations, surveys,
5875 studies and plans in connection with any proposed national parkway 5876 or parkway development as it shall deem necessary or desirable in 5877 order to determine if the proposed development, under the terms of 5878 the act of the United States Congress applicable to such parkway 5879 or any regulation, under such act, are advantageous to the state.
5880 Such parkway development may be any portion of the proposed 5881 parkway, which it may be proposed to construct as a project under
5882 such act. The * * * Mississippi Department of Transportation may 5883 hold such hearings in connection with such investigations as it 5884 shall deem necessary or desirable, and shall give at least seven 5885 (7) days' notice of such hearings by publication in at least two 5886 (2) newspapers having general circulation in the locality.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 237 (AJT\EW) 5887 SECTION 133. Section 55-5-25, Mississippi Code of 1972, is 5888 amended as follows:
5889 55-5-25. When the * * * Mississippi Department of 5890 Transportation has completed its investigations with respect to 5891 any proposed national parkway development, it shall make its 5892 findings and determination with respect to such proposed
5893 development. Such finding and determination shall state whether 5894 or not such proposed national parkway development is deemed 5895 advantageous to the state, shall include such information with 5896 respect to the development as shall be necessary to state its 5897 character and extent, and shall estimate the cost thereof and 5898 separately, the amount and character of lands necessary to be 5899 acquired in fee simple and in easements, with their cost, and
5900 needed to carry out the development.
5901 SECTION 134. Section 55-5-27, Mississippi Code of 1972, is 5902 amended as follows:
5903 55-5-27. If the * * * Mississippi Department of 5904 Transportation, after such investigations and studies, shall find
5905 that the proposed parkway development is advantageous to the 5906 state, it shall have full authority to perform, on behalf of the
5907 state, each and every duty required of the state by the act of the 5908 United States Congress applicable to such parkway development, in 5909 order to secure the proposed development project for the state. 5910 For the purposes of such development project, the parkway shall be 5911 a portion of the state highway system. Any monies that may be
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 238 (AJT\EW) 5912 available for the improvement of the state highway system within 5913 any county may be available for any proposed national parkway 5914 development within such county, in the same manner as such monies 5915 shall be available for state highways. The board of supervisors 5916 of any county may authorize the use of any monies available to the 5917 county under any statutes, for the purposes of the proposed
5918 parkway development to the same amount as for state highways under 5919 such statutes. The board of supervisors may provide money for any 5920 national parkway development project in the same manner and in the 5921 same amount as for state highways, and any county bonds issued to 5922 provide funds for any such parkway development shall be retired in 5923 the same manner as bonds issued for state highways.
5924 SECTION 135. Section 55-5-29, Mississippi Code of 1972, is 5925 amended as follows: 5926 55-5-29. All lands for right-of-way to be acquired in the 5927 fee simple and all easements necessary to be acquired for the 5928 purposes of the proposed national parkway development may be
5929 acquired by the * * * Mississippi Department of Transportation in 5930 the name of the state, as may be required by the act of the United 5931 States Congress applicable thereto. Any lands owned by the state
5932 or by any county, city, village or town, may be conveyed to the 5933 United States for the purposes of the parkway in the manner
5934 provided by law. The * * * department may acquire such lands by 5935 gift, purchase agreement, or by exercising the right of eminent 5936 domain in any manner that may be provided by law for the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 239 (AJT\EW) 5937 acquirement of lands for public purposes. The * * * department 5938 shall have authority to convey such lands to the United States 5939 government or any of its agencies, as may be required by the act 5940 of the United States Congress applicable to such national parkway.
5941 SECTION 136. Section 55-5-31, Mississippi Code of 1972, is 5942 amended as follows:
5943 55-5-31. The * * * Mississippi Department of Transportation 5944 shall not make any expenditures in furtherance of Sections 55-5-19 5945 through 55-5-33 unless specifically authorized to do so by the 5946 Legislature.
5947 SECTION 137. Section 55-5-33, Mississippi Code of 1972, is 5948 amended as follows: 5949 55-5-33. All powers granted in Sections 55-5-19 through
5950 55-5-33 shall be liberally construed in favor of the * * * 5951 Mississippi Department of Transportation and any proposed national 5952 parkway development projects.
5953 SECTION 138. Section 55-5-61, Mississippi Code of 1972, is 5954 amended as follows:
5955 55-5-61. The Mississippi Department of Transportation * * * 5956 shall designate one (1) employee of the Department of
5957 Transportation * * * who is an engineer or who has engineering 5958 experience, and the Mississippi Commission on Wildlife, Fisheries 5959 and Parks shall appoint one (1) member of the Mississippi 5960 Department of Wildlife, Fisheries and Parks staff, who shall 5961 advise with and assist the department and commission in carrying
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 240 (AJT\EW) 5962 out its functions and duties under Sections 55-5-51 through 5963 55-5-63.
5964 SECTION 139. Section 55-5-63, Mississippi Code of 1972, is 5965 amended as follows:
5966 55-5-63. The * * * Mississippi Department of Transportation 5967 is hereby authorized and directed to erect and maintain signs
5968 designating the route of the Great River Road through Mississippi. 5969 The signs used to designate the route shall be the standard marker 5970 developed and approved for the Great River Road by the National 5971 Commission.
5972 SECTION 140. Section 55-13-1, Mississippi Code of 1972, is 5973 amended as follows: 5974 55-13-1. There is hereby created a Natchez Trace Parkway
5975 Right-of-Way Commission, which shall consist of three (3) members 5976 to be appointed by the Governor. Only qualified electors who are 5977 citizens of the State of Mississippi shall be eligible to serve on 5978 said commission. 5979 The said commission shall have the power and the authority to
5980 deal with the boards of supervisors of the several counties 5981 through which said parkway runs, with the governing authorities of
5982 the municipalities through which said parkway runs, and with
5983 the * * * Mississippi Department of Transportation, and other 5984 state authorities, in procuring rights-of-way for the said 5985 parkway, satisfactory to the United States government and the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 241 (AJT\EW) 5986 agencies thereof in charge of the location and construction of the 5987 Natchez Trace Parkway. 5988 The said commission shall serve without pay and shall exist 5989 and function so long as is necessary to effectuate its purposes. 5990 When its purposes and duties have been accomplished, said 5991 commission shall be dissolved by order of the Governor.
5992 SECTION 141. Section 55-13-3, Mississippi Code of 1972, is 5993 amended as follows: 5994 55-13-3. Whereas the United States government is about to 5995 undertake the construction of the Natchez Trace, which will be a 5996 highway in the State of Mississippi, and have in conjunction 5997 therewith a parkway, which highway will extend through the State 5998 of Mississippi for approximately three hundred (300) miles and
5999 will entail an expenditure on the part of the federal government 6000 of not less than Twelve Million Dollars ($12,000,000.00) provided 6001 that the United States government is supplied by the state or 6002 counties through which said Natchez Trace highway and parkway 6003 extends free rights-of-way, together with certain scenic easements
6004 along said right-of-way and parkway, the * * * Mississippi 6005 Department of Transportation is hereby authorized and empowered to
6006 make use out of any available funds which it may have on hand or
6007 obtain such * * * monies as may be necessary for the purchase of 6008 lands and lease scenic easements for the Natchez Trace Parkway in 6009 the State of Mississippi or any other United States parkway 6010 project in the State of Mississippi which may be undertaken by the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 242 (AJT\EW) 6011 United States government. Said lands, when obtained by the * * * 6012 Mississippi Department of Transportation either through purchase, 6013 gift or otherwise, may be given free to the United States or some 6014 of its subsidiary subdivisions on such terms and conditions as the 6015 United States government may demand and the State of Mississippi 6016 accede to.
6017 SECTION 142. Section 55-13-9, Mississippi Code of 1972, is 6018 amended as follows:
6019 55-13-9. The * * * Mississippi Department of Transportation, 6020 for the purpose of acquiring lands as set forth in Sections 6021 55-13-3 through 55-13-11, may pay one-half (1/2) the cost of said
6022 lands so acquired by purchase or condemnation only * * * an event 6023 the county in which the land is purchased or condemned first
6024 contributes its one-half (1/2) of such costs.
6025 SECTION 143. Section 55-13-13, Mississippi Code of 1972, is 6026 amended as follows: 6027 55-13-13. Whenever the Governor of the State of Mississippi
6028 and the * * * Mississippi Department of Transportation shall deem 6029 it to the best interest of the State of Mississippi to proceed to 6030 purchase additional right-of-way for the Natchez Trace Parkway so
6031 that such rights-of-way may be available for any contemplated or 6032 proposed appropriation to be made by the United States government 6033 looking toward the completion of such Natchez Trace Parkway, then
6034 the * * * Mississippi Department of Transportation is authorized, 6035 directed and empowered to proceed to purchase such additional
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 243 (AJT\EW) 6036 rights-of-way as the said * * * Mississippi Department of 6037 Transportation and the Governor of the State of Mississippi may 6038 deem necessary. That the cost of such right-of-way for Natchez 6039 Trace Parkway, including the making of surveys and the preparation 6040 of plans and specifications and eminent domain proceedings and 6041 other necessary expenses shall be paid out of the proceeds of the
6042 funds made available for road construction under Laws of 1946,
6043 Chapter 186, or out of funds made available to the * * * 6044 Mississippi Department of Transportation out of the gasoline tax
6045 or out of any other funds made available for use by the * * * 6046 Mississippi Department of Transportation, whether the same be for 6047 construction or maintenance or for any other purpose.
6048 SECTION 144. Section 55-13-15, Mississippi Code of 1972, is 6049 amended as follows: 6050 55-13-15. Whereas, the federal government has allocated to 6051 the State of Mississippi for the construction of the Natchez Trace 6052 Parkway several millions of dollars; and 6053 Whereas, said Natchez Trace Parkway is to be a paved highway
6054 of scenic beauty and of great value to the State of Mississippi; 6055 and
6056 Whereas, by Sections 55-5-1 through 55-5-17, and Sections
6057 55-13-3 through 55-13-11, the * * * Mississippi Department of 6058 Transportation and the counties through which the Natchez Trace is 6059 to run were authorized to acquire by purchase or condemnation the 6060 right-of-way necessary for the Natchez Trace highway, parkway and
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 244 (AJT\EW) 6061 scenic public parks, and to pay for such right-of-way in the 6062 proportion of one-half (1/2) by the several counties and one-half
6063 (1/2) by the * * * Mississippi Department of Transportation; and 6064 Whereas, the * * * Mississippi Department of Transportation 6065 by order on its minutes has declared that it will expend not in 6066 excess of Two Hundred Thousand Dollars ($200,000.00) for the
6067 purchase of its part of such right-of-way; and 6068 Whereas, it is necessary under the rules and regulations of 6069 the federal government that this right-of-way be obtained and paid 6070 for by the State of Mississippi and conveyed by warranty deed to 6071 the United States of America prior to the expenditure of any
6072 federal funds for the construction of said trace * * *: 6073 Now, therefore, in order to carry out the regulations and
6074 rules of the federal government, and in order that the benefit of 6075 the federal government's financial assistance may be realized for 6076 this work, the following additional powers, rights and duties are
6077 hereby conferred upon the * * * Mississippi Department of 6078 Transportation and the several counties through which said trace
6079 is to run, and Sections 55-13-17 through 55-13-29 are hereby 6080 enacted.
6081 SECTION 145. Section 55-13-17, Mississippi Code of 1972, is 6082 amended as follows: 6083 55-13-17. The Natchez Trace highway, parkway and scenic 6084 public parks to be constructed within the State of Mississippi is 6085 hereby made a part of the state highway system, and full
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 245 (AJT\EW) 6086 jurisdiction over the same is hereby conferred upon the * * * 6087 Mississippi Department of Transportation for the purpose of 6088 assisting the agents and employees of the federal government in 6089 the making of surveys, the preparing of maps, both topographical 6090 and descriptive, the preparing of deeds, the purchasing of 6091 right-of-way, the filing of condemnation suits and the obtaining
6092 of right-of-way for said Natchez Trace.
6093 The * * * Mississippi Department of Transportation is further 6094 authorized and empowered to make surveys, prepare maps, deeds and 6095 plats and to receive on behalf of and in the name of the State of 6096 Mississippi the fee simple title to any land necessary for the 6097 construction of the said Natchez Trace highway and parkway and to 6098 receive scenic easements through, over, on and across land
6099 necessary for scenic public parks along said Natchez Trace.
6100 The * * * Mississippi Department of Transportation is hereby 6101 authorized and empowered to obtain by purchase, condemnation or 6102 otherwise, any land which is necessary for the Natchez Trace 6103 highway, parkway and scenic public parks, and to pay for the same
6104 as provided in Section 55-13-19.
6105 SECTION 146. Section 55-13-19, Mississippi Code of 1972, is 6106 amended as follows: 6107 55-13-19. In order to carry out the purposes and provisions
6108 of Section 55-13-17, the * * * Mississippi Department of 6109 Transportation is hereby authorized and empowered, in its
6110 discretion, to expend a sum of money not to exceed Two Hundred
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 246 (AJT\EW) 6111 Thousand Dollars ($200,000.00) to be used in the making of 6112 preliminary surveys, final surveys, the preparing of maps, plats 6113 and deeds, the purchasing of right-of-way, the payment of 6114 condemnation awards, and the doing of all things incidental and 6115 necessary to the obtaining of right-of-way for the said Natchez 6116 Trace, including the employing of necessary personnel to carry out
6117 the provisions of said section. However, nothing in this section
6118 shall obligate the * * * Mississippi Department of Transportation 6119 to expend more than Two Hundred Thousand Dollars ($200,000.00) for 6120 the purposes herein provided.
6121 SECTION 147. Section 55-13-20, Mississippi Code of 1972, is 6122 amended as follows:
6123 55-13-20. The Mississippi Department of Transportation * * * 6124 is authorized to acquire by purchase or eminent domain the 6125 right-of-way and scenic easements it considers appropriate to 6126 complete the terminus of the Natchez Trace Parkway in Natchez, 6127 Mississippi, and to transfer such right-of-way to the United 6128 States of America for the construction of the Natchez Trace
6129 Parkway.
6130 SECTION 148. Section 55-13-21, Mississippi Code of 1972, is 6131 amended as follows:
6132 55-13-21. The * * * Mississippi Department of Transportation 6133 is hereby authorized to call upon the Attorney General, or any 6134 district attorney in his district, or any county attorney in his 6135 county, to assist in the preparation and trial of any condemnation
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 247 (AJT\EW) 6136 suit for right-of-way for the Natchez Trace, and it is further 6137 authorized to pay the actual and necessary traveling expenses of 6138 any such officer assisting in any such suit.
6139 SECTION 149. Section 55-13-23, Mississippi Code of 1972, is 6140 amended as follows: 6141 55-13-23. Whenever it is found necessary to obtain by
6142 purchase or condemnation any right-of-way for the Natchez Trace 6143 highway, parkway or scenic public park, and there is upon such
6144 land a growth of standing, merchantable timber, the * * * 6145 Mississippi Department of Transportation and the counties 6146 acquiring such land are hereby authorized, in their discretion, to 6147 pay a premium of not more than twenty percent (20%) in addition to 6148 the cash market value of such standing, merchantable timber for
6149 all of said timber which is left standing on the said right-of-way 6150 on the date of its acquisition.
6151 SECTION 150. Section 55-13-27, Mississippi Code of 1972, is 6152 amended as follows: 6153 55-13-27. In order to carry out the purposes of Sections
6154 55-13-15 through 55-13-29, all of the provisions, rights and
6155 powers granted the * * * Mississippi Department of Transportation, 6156 and the several counties by any general condemnation law of the 6157 State of Mississippi, are hereby conferred upon the * * *
6158 Mississippi Department of Transportation and the several counties 6159 through which said trace is to run, and the following additional 6160 powers are also hereby granted:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 248 (AJT\EW) 6161 (a) The right to go on private property for the purpose 6162 of making preliminary surveys and measurements for the 6163 ascertaining of the exact location and description of the land to 6164 be acquired for the Natchez Trace, is hereby granted to agents and
6165 employees of the several counties, the * * * Mississippi 6166 Department of Transportation and the federal government.
6167 (b) Immediately upon the payment of any award to the 6168 property owner or to the chancery clerk, as the case may be, the 6169 fee simple title to any such land acquired by condemnation shall 6170 pass to the condemnor.
6171 (c) The * * * Mississippi Department of Transportation 6172 and the several counties through which the trace is to run are 6173 hereby authorized to condemn right-of-way for said trace on behalf
6174 of and in the name of the State of Mississippi, and as soon as the 6175 fee simple title, as above provided, vests in the State of 6176 Mississippi, the Governor is hereby authorized to execute a 6177 conveyance by warranty deed to the United States government of any 6178 such land so acquired.
6179 SECTION 151. Section 55-13-37, Mississippi Code of 1972, is 6180 amended as follows:
6181 55-13-37. The * * * Mississippi Department of Transportation 6182 shall have authority to make and promulgate rules and regulations 6183 necessary for carrying out the provisions of Sections 55-13-33 6184 through 55-13-45.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 249 (AJT\EW) 6185 SECTION 152. Section 55-15-81, Mississippi Code of 1972, is 6186 amended as follows: 6187 55-15-81. (1) None of the following items, structures or 6188 areas may be relocated, removed, disturbed, altered, renamed or 6189 rededicated: any Revolutionary War, War of 1812, Mexican-American 6190 War, War Between the States, Spanish-American War, World War I,
6191 World War II, Korean War, Vietnam War, Persian Gulf War, War in 6192 Iraq or Native American War's statues, monuments, memorials or 6193 nameplates (plaques), which have been erected on public property 6194 of the state or any of its political subdivisions, such as local, 6195 municipal or county owned public areas, and any statues, 6196 monuments, memorials, nameplates (plaques), schools, streets, 6197 bridges, buildings, parks preserves, reserves or other public
6198 items, structure or areas of the state or any of its political 6199 subdivisions, such as, local, municipal or county owned public 6200 areas, which has been dedicated in memory of, or named for, any 6201 historical military figure, historical military event, military 6202 organization or military unit.
6203 (2) No person may prevent the public body responsible for 6204 maintaining any of the items, structures or areas described above
6205 from taking proper measures and exercising proper means for the 6206 protection, preservation, care, repair or restoration of those 6207 items, structures or areas. The governing body may move the 6208 memorial to a more suitable location if it is determined that the 6209 location is more appropriate to displaying the monument.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 250 (AJT\EW) 6210 (3) This section shall not apply to items, structures or 6211 areas located on property owned or acquired by the Mississippi
6212 Department of Transportation * * * which may interfere with the 6213 construction, maintenance or operation of public transportation 6214 facilities.
6215 SECTION 153. Section 55-23-15, Mississippi Code of 1972, is 6216 amended as follows: 6217 55-23-15. The Mississippi Veterans Memorial Stadium 6218 Commission is hereby authorized to utilize certain state-owned 6219 land in Hinds County bounded on the east by North State Street, on 6220 the north by Taylor Street, on the west by North West Street, and 6221 on the south by a street or driveway known as Stadium Drive as a 6222 public parking facility establishing reasonable rules and
6223 regulations connected with the operation of such a facility, 6224 including fees for the privilege of parking. The parking 6225 facilities shall not be extended any farther to the east than as 6226 the facilities existed on January 1, 1996. Further, the portion 6227 of the property described in this section, except the property
6228 west of the stadium between the stadium and North West Street, 6229 that was undeveloped as of January 1, 1996, shall remain
6230 undeveloped unless the Legislature enacts legislation approving 6231 the development of such property. The portion of the property 6232 described in this section that is west of the stadium between the 6233 stadium and North West Street may be developed to provide parking 6234 facilities for the Mississippi Department of Transportation
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 251 (AJT\EW) 6235 offices located on North West Street. The Mississippi Veterans 6236 Memorial Stadium Commission may take any action authorized in 6237 Section 55-23-8 relating to the property described in such 6238 section. 6239 The Mississippi Veterans Memorial Stadium Commission is 6240 authorized to lease such property to the Mississippi Department of
6241 Transportation * * * for parking facilities for Mississippi 6242 Department of Transportation offices, notwithstanding the time 6243 limitation on leases or other agreements provided in Section 6244 55-23-8(9).
6245 SECTION 154. Section 55-25-6, Mississippi Code of 1972, is 6246 amended as follows: 6247 55-25-6. (1) The rules and regulations adopted by the
6248 Rails-to-Trails Recreational District shall be published once a 6249 week for two (2) consecutive weeks in a newspaper qualified to 6250 publish legal notices in each county that is a member of the 6251 district. When rules and regulations have been adopted by the 6252 district in accordance with Section 55-25-5 and have been
6253 published as required by this section, such rules and regulations 6254 shall have the force and effect of general law, and any violation
6255 of such rules and regulations shall constitute a misdemeanor 6256 punishable, upon conviction, by a fine of not less than Fifty 6257 Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or 6258 by imprisonment for not more than thirty (30) days, or by both 6259 such fine and imprisonment.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 252 (AJT\EW) 6260 (2) Any recreational facility developed and operated 6261 pursuant to this chapter, specifically including Section 6262 55-25-5(f), shall constitute a public highway, and all applicable 6263 rules and regulations of the Mississippi Department of
6264 Transportation * * * and other state agencies shall be enforceable 6265 on such recreational facilities. However, no motor vehicle may be
6266 operated or used on such recreational facility except law 6267 enforcement vehicles, emergency vehicles, maintenance vehicles or 6268 other vehicles authorized by the district. 6269 (3) Any municipality, which is a member of a Rails-To-Trails 6270 Recreational District, shall enforce the rules and regulations of 6271 the district in that part lying within the municipality and may 6272 authorize its municipal law enforcement personnel to assist the
6273 district in the enforcement of the district rules and regulations 6274 in any area of the district lying no more than five (5) miles 6275 outside the corporate limits of the municipality.
6276 SECTION 155. Section 57-43-3, Mississippi Code of 1972, is 6277 amended as follows:
6278 57-43-3. The * * * Commissioner of Transportation * * * may 6279 enter into agreements with railroads, the United States
6280 government, persons, municipalities, counties, local railroad 6281 authorities or regional railroad authorities for carrying out the 6282 purposes of this chapter. Agreements entered into between the 6283 executive director and railroad corporations pursuant to this 6284 chapter may require payment by the railroad corporation of a
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 253 (AJT\EW) 6285 portion of revenue derived from the improved rail line into the 6286 Railroad Revitalization Fund and to users who have paid a portion 6287 of the cost of the improved line. Any agreement between the 6288 executive director and a railroad corporation shall also include a 6289 condition that, as a prerequisite to its receipt of any monies 6290 available under this chapter, a railroad corporation agrees not to
6291 abandon any section of line on which such monies are to be spent 6292 until all of the monies expended on such section out of the 6293 Railroad Revitalization Fund have been replaced. The board of 6294 supervisors of a county and the governing authority of a 6295 municipality may enter into an agreement with the Mississippi 6296 Department of Transportation to receive a portion of the payments 6297 made by a railroad corporation to the Railroad Revitalization Fund
6298 pursuant to this chapter. The amount received by a county or 6299 municipality shall not exceed the amount appropriated to the 6300 Railroad Revitalization Fund by the county or municipality 6301 pursuant to this chapter.
6302 SECTION 156. Section 57-43-11, Mississippi Code of 1972, is 6303 amended as follows:
6304 57-43-11. The * * * Commissioner of Transportation * * * may 6305 enter into agreements for the purposes of this chapter whereby the 6306 state shall provide, from the state portion of the funds 6307 available, not more than seventy-five percent (75%) of the amounts 6308 necessary to rehabilitate or improve a rail line or segment 6309 thereof which has been documented as being viable and
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 254 (AJT\EW) 6310 cost-effective, provided at least twenty-five percent (25%) of the 6311 cost is provided by federal, local, user or railroad funds. The 6312 portion to be provided by local governmental agencies may be in 6313 the form of a loan from the Railroad Revitalization Fund, with 6314 repayment being made by a portion of the revenue derived from the 6315 improved line or by a pledge of certain other funds. Any loan
6316 shall be made at no interest, provided payments are made in 6317 accordance with the agreement. Any portion of a loan outstanding 6318 during any delinquency shall bear interest at the legal rate on 6319 the entire balance due. In the event that a loan made to a county 6320 or municipality has not been repaid or arrangements satisfactory
6321 to the Mississippi Department of Transportation * * * have not 6322 been made to repay the loan within a period of time after same is
6323 due and payable, as determined by the department, the department 6324 shall determine that there is a default, shall enter an order to 6325 that effect upon its official minutes, and send a certified copy 6326 of said order by certified mail, postage prepaid, to the chancery 6327 clerk or city clerk, as the case may be. If said default is not
6328 satisfied in full within thirty (30) days following notification 6329 of default by the department, the county or municipality, as the
6330 case may be, shall forfeit its right to receive reimbursement for 6331 homestead exemption until such time as its indebtedness has been 6332 discharged or arrangements to discharge said indebtedness 6333 satisfactory to the department have been made. Homestead 6334 exemption funds forfeited hereby shall, upon demand by the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 255 (AJT\EW) 6335 department made in writing upon the Mississippi State Tax 6336 Commission, be paid to the Mississippi Department of
6337 Transportation * * * and applied to the discharge of the 6338 obligation.
6339 SECTION 157. Section 57-43-15, Mississippi Code of 1972, is 6340 amended as follows:
6341 57-43-15. (1) There is established within the Railroad 6342 Revitalization Fund a new account to be entitled the Mississippi 6343 Highway-Railroad Grade Crossing Safety Account. The account shall 6344 be administered by the Mississippi Department of Transportation 6345 and shall consist of: 6346 (a) Such monies as are transferred to it on July 1, 6347 2001, from the Mississippi Grade Crossing Closure Account;
6348 (b) Thirty-five percent (35%) of collections from the 6349 locomotive fuel tax imposed under Section 27-59-307 for the 6350 previous year; and 6351 (c) Monies transferred to it from the Railroad 6352 Revitalization Fund, pursuant to the provisions of Section 2 of
6353 Chapter 497, Laws of 2009. 6354 Unexpended amounts remaining in the account at the end of a
6355 fiscal year shall not lapse into the State General Fund; and any 6356 interest earned on amounts in the account shall be deposited to 6357 the credit of the account.
6358 (2) The Mississippi Department of Transportation * * *, 6359 after consulting with the railroads operating in Mississippi,
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 256 (AJT\EW) 6360 shall promulgate rules to ensure equitable allocation of the funds 6361 described in subsection (1) of this section to projects throughout 6362 the state, and shall consider the proportionate number of main 6363 line track miles of each railroad and the number of public 6364 roadway/railroad grade crossings on each railroad's main line. 6365 Expenditure of monies from the Mississippi Highway-Railroad Grade
6366 Crossing Safety Account shall be limited to the following 6367 purposes: 6368 (a) Financial aid for closure of public 6369 roadway/railroad grade crossings; 6370 (b) Realignment of construction costs of roadways being 6371 rerouted to facilitate a closure of a public roadway/railroad 6372 grade crossing;
6373 (c) Monies to match federal or other funds for a grade 6374 separation eliminating an at-grade crossing of a public roadway 6375 and railroad; 6376 (d) Installation, maintenance or upgrade of 6377 highway-railroad grade crossing signals, at the discretion of the
6378 Mississippi Department of Transportation * * *, based upon the 6379 Federal Railroad Administration ranking of all Mississippi
6380 highway-railroad grade crossings. Not less than ten percent (10%) 6381 of the monies necessary to defray the costs of such installations 6382 must be federal funds; 6383 (e) Separation of grades of highway/railroad crossings;
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 257 (AJT\EW) 6384 (f) Improvement of any grade crossing including the 6385 necessary roadway approaches thereto of any railroad across a 6386 public road highway; 6387 (g) Construction, reconstruction, repair or replacement 6388 of the grade crossing surface structure; and 6389 (h) Installation of an automatic advance warning signal
6390 alerting a motorist that a grade crossing is ahead. 6391 (3) The Mississippi Department of Transportation shall 6392 consider all requests from the state's diagnostic review of public 6393 roadway/railroad grade crossings and from individual railroads for 6394 expenditure of funds for the purposes described in subsection (2) 6395 of this section, and shall establish uniform criteria and 6396 guidelines relating to such crossings and the expenditure of
6397 funds.
6398 SECTION 158. Section 57-75-22, Mississippi Code of 1972, is 6399 amended as follows: 6400 57-75-22. Any highways or highway segments constructed or 6401 improved by the Mississippi Department of Transportation under the
6402 provisions of this chapter for a project as defined in Section 6403 57-75-5(f)(iv) shall become a state highway and shall be placed
6404 under the jurisdiction of the Mississippi Department of
6405 Transportation * * * for construction and maintenance. 6406 SECTION 159. Section 61-1-3, Mississippi Code of 1972, is 6407 amended as follows:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 258 (AJT\EW) 6408 61-1-3. For the purpose of the laws of this state relating 6409 to aeronautics the following words, terms and phrases shall have 6410 the meanings herein given, unless otherwise specifically defined, 6411 or unless another intention clearly appears, or the context 6412 otherwise requires: 6413 (a) "Aeronautics" means transportation by aircraft; the
6414 operation, construction, repair or maintenance of aircraft, 6415 aircraft power plants and accessories; the design, establishment, 6416 construction, extension, operation, improvement, repair or 6417 maintenance of airports or other air navigation facilities, 6418 including, but not limited to, privately-owned airports that are 6419 open to the general public and are otherwise eligible to receive 6420 federal funds; and air instruction;
6421 (b) "Aircraft" means any contrivance now known or 6422 hereafter invented, used or designed for navigation of or flight 6423 in the air; 6424 (c) "Public aircraft" means an aircraft exclusively in 6425 the service of any government or of any political subdivision
6426 thereof, including the government of any state, territory or 6427 possession of the United States or the District of Columbia, but
6428 not including any government-owned aircraft engaged in carrying 6429 persons or property for commercial purposes; 6430 (d) "Civil aircraft" means any aircraft other than a 6431 public aircraft;
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 259 (AJT\EW) 6432 (e) "Airport" means any area of land or water which is 6433 designed for the landing and take off of aircraft, whether or not 6434 facilities are provided for the shelter, servicing or repair of 6435 aircraft, or for receiving or discharging passengers or cargo, and 6436 all appurtenant areas used or suitable for airport buildings or 6437 other airport facilities, and all appurtenant rights-of-way,
6438 whether heretofore or hereafter established; 6439 (f) "Commission" means the Mississippi Transportation 6440 Commission; 6441 (g) "State" or "this state" means the State of 6442 Mississippi; 6443 (h) "Director" means the Executive Director of the
6444 Mississippi Department of Transportation or his designee * * *; 6445 (i) "Air navigation" means the operation or navigation 6446 of aircraft in the air space over this state, or upon any airport 6447 within this state; 6448 (j) "Operation of aircraft" or "operate aircraft" means 6449 the use of aircraft for the purpose of air navigation, and
6450 includes the navigation or piloting of aircraft. Any person who 6451 causes or authorizes the operation of aircraft, whether with or
6452 without the right of legal control (in the capacity of owner, 6453 lessee, or otherwise) of the aircraft, shall be deemed to be 6454 engaged in the operation of aircraft within the meaning of the 6455 statutes of this state;
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 260 (AJT\EW) 6456 (k) "Person" means any individual, firm, partnership, 6457 corporation, company, association, joint-stock association or body 6458 politic, and includes any trustee, receiver, assignee or other 6459 similar representative thereof; 6460 (l) "Navigable air space" means air space above the 6461 minimum altitudes of flight prescribed by the laws of the United
6462 States; 6463 (m) "Municipality" means any county, incorporated city, 6464 village or town of this state and any other political subdivision 6465 or district in this state which is or may be authorized by law to 6466 acquire, establish, construct, maintain, improve and operate 6467 airports and other air navigation facilities; 6468 (n) The Mississippi Aeronautics Chart, published
6469 annually, will identify "private airport," and if an airport is 6470 open to the public, as determined by the owner, the chart will 6471 note "open to the public" under the airport identifier. 6472 The singular shall include the plural, and the plural the 6473 singular.
6474 SECTION 160. Section 61-1-33, Mississippi Code of 1972, is 6475 amended as follows:
6476 61-1-33. No municipality in this state, whether acting alone 6477 or jointly with another municipality, or with the state, shall 6478 submit to any federal agency or department of the United States 6479 any project application under the provisions of any act of 6480 Congress which provides airport planning funds or airport
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 261 (AJT\EW) 6481 construction and development funds for the expansion and 6482 improvement of the airport system unless the project and project 6483 application have been first approved by the Mississippi Department
6484 of Transportation * * *. 6485 SECTION 161. Section 61-3-25, Mississippi Code of 1972, is 6486 amended as follows:
6487 61-3-25. An authority is authorized to accept, receive, 6488 receipt for, disburse, and expend federal and state monies and 6489 other monies, public or private, made available by grant or loan 6490 or both, to accomplish, in whole or in part, any of the purposes 6491 of this chapter. All federal monies accepted under this section 6492 shall be accepted and expended by the authority upon such terms 6493 and conditions as are prescribed by the United States and as are
6494 consistent with state law. All state monies accepted under this 6495 section shall be accepted and expended by the authority upon such 6496 terms and conditions as are prescribed by the state. 6497 An authority is authorized to designate the Mississippi
6498 Department of Transportation * * * as its agent to accept, 6499 receive, receipt for, and disburse federal and state monies, and 6500 other monies, public or private, made available by grant or loan
6501 or both, to accomplish in whole or in part, any of the purposes of 6502 this chapter, and an authority is authorized to designate
6503 such * * * department as its agent in contracting for and 6504 supervising the planning, acquisition, development, construction, 6505 improvement, maintenance, equipment or operation of any airport or
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 262 (AJT\EW) 6506 other air navigation facility. An authority may enter into an
6507 agreement with the * * * department prescribing the terms and 6508 conditions of the agency in accordance with such terms and 6509 conditions as are prescribed by the United States, if federal 6510 money is involved, and in accordance with the applicable laws of 6511 this state. All federal monies accepted under this section by
6512 the * * * department shall be accepted and transferred or expended 6513 by such * * * department upon such terms and conditions as are 6514 prescribed by the United States. All monies received by the * * * 6515 department pursuant to this paragraph shall be deposited in the 6516 State Treasury, and unless otherwise prescribed by the agency from 6517 which such monies were received, shall be kept in separate funds 6518 designated according to the purposes for which the monies were
6519 made available, and held by the state in trust for such purpose.
6520 SECTION 162. Section 61-5-15, Mississippi Code of 1972, is 6521 amended as follows: 6522 61-5-15. Every municipality is authorized to accept, 6523 receive, receipt for, disburse and expend federal and state monies
6524 and other monies, public or private, made available by grant or 6525 loan or both to accomplish, in whole or in part, any of the
6526 purposes of the Municipal Airport Law. All federal monies 6527 accepted under this section shall be accepted and expended by the 6528 municipality upon such terms and conditions as are prescribed by 6529 the United States and as are consistent with state law. All state 6530 monies accepted under this section shall be accepted and expended
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 263 (AJT\EW) 6531 by the municipality upon such terms and conditions as are 6532 prescribed by the state. All local government monies accepted 6533 under this section shall be accepted and expended by the 6534 municipality upon such terms and conditions as are prescribed by 6535 the local government. Unless otherwise prescribed by the agency 6536 from which such monies were received, the chief financial officer
6537 of the municipality shall on its behalf deposit all monies 6538 received pursuant to this section and shall keep them, in separate 6539 funds designated according to the purposes for which the monies 6540 were made available, in trust for such purposes. 6541 Every municipality is authorized to designate the Mississippi
6542 Department of Transportation * * * as its agent to accept, 6543 receive, receipt for, and disburse federal, state and local
6544 government monies and other monies, public or private, made 6545 available by grant or loan or both, to accomplish in whole or in 6546 part, any of the purposes of the Municipal Airport Law. Every
6547 municipality is authorized to designate such * * * department as 6548 its agent in contracting for and supervising the planning,
6549 acquisition, development, construction, improvement, maintenance, 6550 equipment or operation of any airport or other air navigation
6551 facility. Every municipality may enter into an agreement with
6552 the * * * department prescribing the terms and conditions of the 6553 agency in accordance with such terms and conditions as are 6554 prescribed by the United States, if federal money is involved, and 6555 in accordance with the applicable laws of this state. All federal
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 264 (AJT\EW) 6556 monies accepted under this section by such * * * department shall 6557 be accepted and transferred or expended by the * * * department 6558 upon such terms and conditions as are prescribed by the United
6559 States. All monies received by such * * * department pursuant to 6560 this paragraph shall be deposited in the State Treasury, and 6561 unless otherwise prescribed by the agency from which such monies
6562 were received, shall be kept in separate funds designated 6563 according to the purposes for which the monies were made 6564 available, and held by the state in trust for such purposes.
6565 SECTION 163. Section 63-2-5, Mississippi Code of 1972, is 6566 amended as follows: 6567 63-2-5. The Department of Public Safety shall initiate an 6568 education program designed to encourage the use of safety belts
6569 with emphasis on the effectiveness of safety belts, the monetary 6570 savings and other benefits to the public. Funds for such 6571 educational program shall be made available through the office of 6572 the Governor's representative for highway safety programs.
6573 The * * * Mississippi Department of Transportation is
6574 authorized * * * to erect signs along the highways of this state 6575 notifying the traveling public that Mississippi is a mandatory
6576 seat-belt-use state.
6577 The * * * Mississippi Department of Transportation shall 6578 provide notices of the requirement for safety belt use which shall 6579 accompany the delivery of a passenger motor vehicle license tag or 6580 decal.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 265 (AJT\EW) 6581 SECTION 164. Section 63-3-303, Mississippi Code of 1972, is 6582 amended as follows:
6583 63-3-303. The Commissioner of Public Safety and the * * * 6584 Mississippi Department of Transportation shall place and maintain 6585 such traffic-control devices conforming to its manual and 6586 specifications, upon all state and county highways as it shall
6587 deem necessary to indicate and to carry out the provisions of this 6588 chapter or to regulate, warn, or guide traffic. 6589 No local authority shall place or maintain any 6590 traffic-control device upon any highway under the jurisdiction of
6591 the Commissioner of Public Safety and the * * * Mississippi 6592 Department of Transportation except by the latter's permission.
6593 SECTION 165. Section 63-3-305, Mississippi Code of 1972, is 6594 amended as follows: 6595 63-3-305. Local authorities in their respective 6596 jurisdictions shall place and maintain such traffic control 6597 devices upon highways under their jurisdiction as they may deem 6598 necessary to indicate and to carry out the provisions of this
6599 chapter or provisions of local traffic ordinances or to regulate, 6600 warn, or guide traffic. All such traffic-control devices
6601 hereafter erected shall conform to the state manual and 6602 specifications. 6603 Local authorities in exercising those functions referred to 6604 in the preceding paragraph shall be subject to the direction and
6605 control of the * * * Mississippi Department of Transportation.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 266 (AJT\EW) 6606 SECTION 166. Section 63-3-307, Mississippi Code of 1972, is 6607 amended as follows:
6608 63-3-307. The * * * Mississippi Department of Transportation 6609 is hereby authorized, in its discretion, to place amber reflectors 6610 on each end and on both sides of all bridges on all roads on the 6611 state highway system, which will permit a person to see such
6612 reflectors so that he might know that he is about to approach a 6613 bridge.
6614 SECTION 167. Section 63-3-317, Mississippi Code of 1972, is 6615 amended as follows: 6616 63-3-317. (1) No person shall place, maintain, or display 6617 upon or in view of any highway any unauthorized sign, signal, 6618 marking or device which purports to be or is an imitation of or
6619 resembles an official traffic-control device or railroad sign or 6620 signal, or which attempts to direct the movement of traffic, or 6621 which hides from view or interferes with the effectiveness of any 6622 official traffic-control device or any railroad sign or signal. 6623 No person shall place or maintain and no public authority shall
6624 permit upon any highway any traffic sign or signal bearing thereon 6625 any commercial advertising, or any billboard or advertising sign
6626 of any kind or description, except that motorist services business
6627 signs and supports which are authorized by the * * * Mississippi 6628 Department of Transportation pursuant to Section 65-1-8 may be 6629 placed and maintained within state highway rights-of-way. This 6630 shall not be deemed to prohibit the erection upon private property
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 267 (AJT\EW) 6631 adjacent to highways of signs giving useful directional 6632 information and of a type that cannot be mistaken for official 6633 signs provided that said signs are not erected closer than fifty 6634 (50) feet to the center line of state highways. 6635 (2) Every such prohibited sign, signal or marking is hereby 6636 declared to be a public nuisance and the authority having
6637 jurisdiction over the highway is hereby empowered to remove the 6638 same or cause it to be removed after ten (10) days' notice to the 6639 owner thereof by registered letter or otherwise.
6640 SECTION 168. Section 63-3-501, Mississippi Code of 1972, is 6641 amended as follows: 6642 63-3-501. Except as otherwise provided in this section, no 6643 person shall operate a vehicle on the highways of the state at a
6644 speed greater than sixty-five (65) miles per hour.
6645 The Mississippi Department of Transportation * * * may, in 6646 its discretion, by order duly entered on its minutes, increase the 6647 speed restrictions on any portion of the Interstate Highway System 6648 provided such speed restrictions are not increased to more than
6649 seventy (70) miles per hour. The * * * department may likewise 6650 increase the speed limit to seventy (70) miles per hour on
6651 controlled access highways with four (4) or more lanes. 6652 A governmental entity that operates and maintains a toll road 6653 as authorized under Section 65-43-1, or that contracts with some 6654 person or business to operate and maintain a toll road as 6655 authorized under Section 65-43-3, may establish the maximum speed
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 268 (AJT\EW) 6656 for motor vehicles operated on any such toll road; however, the 6657 maximum speed so established may not exceed eighty (80) miles per 6658 hour.
6659 SECTION 169. Section 63-3-503, Mississippi Code of 1972, is 6660 amended as follows:
6661 63-3-503. Whenever the * * * Mississippi Department of 6662 Transportation shall determine upon the basis of an engineering 6663 and traffic investigation that any speed set forth in Section 6664 63-3-501 is greater than is reasonable or safe under the 6665 conditions found to exist at any intersection or other place or
6666 upon any part of a highway, said * * * department shall determine 6667 and declare a reasonable and safe speed limit thereat which shall 6668 be effective when appropriate signs giving notice thereof are
6669 erected at such intersection or other place or part of highway.
6670 Whenever the * * * Mississippi Department of Transportation 6671 determines that speed limits set forth in Section 63-3-501 are 6672 different from those speeds set forth in applicable laws of the
6673 federal government, then said * * * department may declare a speed 6674 limit which is consistent with such laws and which shall be
6675 effective immediately upon adoption by the * * * department. 6676 Appropriate signs giving notice of the adopted speed limits shall
6677 be erected upon order of the * * * department. 6678 The maximum fine and sentence to be imposed for a violation
6679 of excessive speed above the maximum limits set by the * * * 6680 Mississippi Department of Transportation pursuant to the authority
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 269 (AJT\EW) 6681 granted by this section shall be one-half (1/2) the fine and 6682 sentence imposed by Section 63-9-11 if the excessive speed does 6683 not exceed the maximum limits imposed by Section 63-3-501.
6684 SECTION 170. Section 63-3-511, Mississippi Code of 1972, is 6685 amended as follows: 6686 63-3-511. Whenever local authorities, including boards of
6687 supervisors, within their respective jurisdictions, determine upon 6688 the basis of an engineering and traffic investigation that the 6689 speed permitted under this article on any street, or any county 6690 road or any portion thereof, or at any intersection is greater 6691 than is reasonable or safe under conditions found to exist upon 6692 such street, or any county road or any portion thereof, or at such 6693 intersection, such local authorities shall determine and declare,
6694 by ordinance, a reasonable and safe speed limit, which shall be 6695 effective when appropriate signs giving notice thereof are erected 6696 on such street, or any county road or any portion thereof, or at 6697 such intersection, or upon the approaches thereto. However, no 6698 speed limit shall be fixed by any such local authorities at less
6699 than fifteen (15) miles per hour. 6700 The Commissioner of Corrections is authorized to establish by
6701 regulation reasonable and safe speed limits upon the roads of the 6702 correctional facilities under his jurisdiction which shall be 6703 effective when appropriate signs giving notice thereof are 6704 erected. Speed limits may be based upon road or traffic 6705 conditions or upon security considerations.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 270 (AJT\EW) 6706 Provided, however, that whenever the * * * Mississippi 6707 Department of Transportation shall, pursuant to Section 63-3-503, 6708 lower the maximum speed limit in response to federal laws, 6709 regulations or guidelines for purposes of energy conservation, 6710 local authorities, including boards of supervisors, shall 6711 immediately lower maximum speed limits on local highways, not to
6712 exceed a maximum speed of fifty-five (55) miles per hour.
6713 SECTION 171. Section 63-3-513, Mississippi Code of 1972, is 6714 amended as follows:
6715 63-3-513. The * * * Mississippi Department of Transportation 6716 upon request from any local authority shall, or upon its own 6717 initiative may, conduct an investigation of any bridge or other 6718 elevated structure constituting a part of a highway, and if it
6719 shall thereupon find that such structure cannot with safety to 6720 itself withstand vehicles traveling at the speed otherwise
6721 permissible under this article, the * * * department shall 6722 determine and declare the maximum speed of vehicles which such 6723 structure can withstand, and shall cause or permit suitable signs
6724 stating such maximum speed to be erected and maintained at a 6725 distance of one hundred feet before each end of such structure.
6726 No person shall drive a vehicle over any bridge or other 6727 elevated structure constituting a part of a highway at a speed 6728 which is greater than the maximum speed which can be maintained 6729 with safety to such bridge or structure, when such structure is 6730 signposted as provided in this section.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 271 (AJT\EW) 6731 Upon the trial of any person, charged with a violation of 6732 this section, proof of said determination of the maximum speed by
6733 said * * * department and the existence of said signs shall 6734 constitute conclusive evidence of the maximum speed which can be 6735 maintained with safety to such bridge or structure.
6736 SECTION 172. Section 63-3-611, Mississippi Code of 1972, is 6737 amended as follows: 6738 63-3-611. (1) No vehicle shall be driven to the left side 6739 of the center of the roadway in overtaking and passing another 6740 vehicle proceeding in the same direction unless such left side is 6741 clearly visible and is free of oncoming traffic for a sufficient 6742 distance ahead to permit such overtaking and passing to be 6743 completely made without interfering with the safe operation of any
6744 vehicle approaching from the opposite direction or any vehicle 6745 overtaken. In every event the overtaking vehicle must return to 6746 the right-hand side of the roadway before coming within one 6747 hundred (100) feet of any vehicle approaching from the opposite 6748 direction.
6749 (2) No vehicle shall, in overtaking and passing another 6750 vehicle or at any other time, be driven to the left side of the
6751 roadway under the following conditions: 6752 (a) When approaching the crest of a grade or upon a 6753 curve in the highway where the driver's view along the highway is 6754 obstructed;
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 272 (AJT\EW) 6755 (b) When approaching within one hundred (100) feet of 6756 any marked or readily distinguishable bridge, viaduct or tunnel on 6757 any roadway other than a four-lane roadway; 6758 (c) When approaching within one hundred (100) feet of 6759 or traversing any marked or readily distinguishable intersection 6760 or railroad grade crossing;
6761 (d) When official signs are in place directing that 6762 traffic keep to the right, or a distinctive center line is marked, 6763 which distinctive line also so directs traffic as declared in the
6764 sign manual adopted by the * * * Mississippi Department of 6765 Transportation * * *. 6766 SECTION 173. Section 63-3-1001, Mississippi Code of 1972, is 6767 amended as follows:
6768 63-3-1001. (1) The * * * Mississippi Department of 6769 Transportation with reference to state highways, and local 6770 authorities with reference to other highways under their 6771 jurisdiction, may designate through highways and erect stop signs 6772 at specified entrances thereto or may designate any intersection
6773 signs at specified entrances thereto or may designate any 6774 intersection as a stop intersection and erect like signs at one or
6775 more entrances to such intersection. 6776 (2) Every said sign shall bear the word "Stop" in letters 6777 not less than 8" in height which sign shall be self-illuminated at 6778 night or if not shall be reflectorized. Every stop sign shall be 6779 located as near as practical at the property line of the highway
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 273 (AJT\EW) 6780 at the entrance to which the stop must be made, or at the nearest 6781 line of the crosswalk thereat, or, if none, at the nearest line of 6782 the roadway.
6783 SECTION 174. Section 63-3-1003, Mississippi Code of 1972, is 6784 amended as follows:
6785 63-3-1003. (1) The * * * Mississippi Department of 6786 Transportation with reference to state highways under its 6787 jurisdiction and local authorities with reference to other 6788 highways under their jurisdiction may, when traffic conditions 6789 warrant such action, give preference to traffic through any 6790 intersection on any highway and designate specified entrances to 6791 said intersections as yield right-of-way entrances by erecting 6792 yield-right-of-way signs in lieu of stop signs as required or
6793 permitted in Section 63-3-1001. 6794 (2) The driver of a vehicle in obedience to a 6795 yield-right-of-way sign shall reduce the speed of his vehicle to 6796 not more than twenty miles per hour and shall yield the right of 6797 way to other vehicles which have entered the intersecting highway
6798 either from the right or left or which are approaching so closely 6799 on said intersecting highway as to constitute an immediate hazard.
6800 However, said driver having so yielded may proceed at such time as 6801 a safe interval occurs. 6802 (3) If a driver is involved in a collision at an 6803 intersection or interferes with the movement of other vehicles 6804 after driving past a yield-right-of-way sign, such collision or
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 274 (AJT\EW) 6805 interference shall be deemed prima facie evidence of the driver's 6806 failure to yield-right-of-way.
6807 SECTION 175. Section 63-3-1009, Mississippi Code of 1972, is 6808 amended as follows: 6809 63-3-1009. The Mississippi Department of
6810 Transportation * * * is hereby authorized to designate 6811 particularly dangerous highway grade crossings of railroads and to 6812 erect stop signs thereat. When such stop signs are erected the 6813 driver of any vehicle shall stop within fifty (50) feet but not 6814 less than fifteen (15) feet from the nearest track of such grade 6815 crossing and shall proceed only upon exercise of due care.
6816 SECTION 176. Section 63-5-27, Mississippi Code of 1972, is 6817 amended as follows:
6818 63-5-27. (1) Subject to the maximum gross single axle or 6819 tandem axle weights hereinafter specified, the gross single or 6820 tandem axle weights shall not exceed five hundred fifty (550) 6821 pounds per inch of tire width. The gross weight on any single or 6822 tandem axle thus derived shall be subject to a tolerance not in
6823 excess of five hundred (500) pounds provided that the total 6824 allowable gross weight of the single or tandem axle shall not
6825 exceed the maximum limitations allowed hereinafter. 6826 (2) The gross weight imposed on the highway by the wheels of 6827 any one (1) single axle of a vehicle shall not exceed twenty 6828 thousand (20,000) pounds exclusive of the tolerance provided in 6829 Section 63-5-33. A single axle shall be defined as an assembly of
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 275 (AJT\EW) 6830 two (2) or more wheels whose centers are in one (1) transverse 6831 vertical plane or may be included between two (2) parallel 6832 transverse vertical planes forty (40) inches apart extending 6833 across the full width of the vehicle. 6834 (3) The gross weight imposed on the highway by any tandem 6835 axle shall not exceed thirty-four thousand (34,000) pounds
6836 exclusive of the tolerance provided in Section 63-5-33. A tandem 6837 axle shall be defined as any two (2) or more consecutive axles 6838 whose centers are more than forty (40) inches but not more than 6839 ninety-six (96) inches apart. No one (1) axle of any such group 6840 of two (2) or more consecutive axles shall exceed the weight 6841 permitted for a single axle. 6842 (4) (a) Vehicles designed and especially constructed to
6843 transport concrete products and which are not available for 6844 purchase in sizes and capacities to fully comply with the road and 6845 bridge weight laws of the State of Mississippi shall not be made 6846 to conform to the axle spacing requirements or axle or tire 6847 loadings of this section or to the total combined weights as set
6848 out in Section 63-5-33 in Table III, provided (i) that such 6849 vehicles shall be limited to a gross weight of sixty thousand
6850 (60,000) pounds; (ii) that such vehicles shall only be operated 6851 within fifty (50) miles of their home base; (iii) that any such 6852 vehicles shall be limited to a maximum load of the rated capacity 6853 of the vehicle; (iv) that all such vehicles shall have at least 6854 three (3) axles; and (v) that all vehicles with only three (3)
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 276 (AJT\EW) 6855 axles shall have all wheels brake-equipped. Any two (2) or more 6856 axles close enough to be considered an axle group shall be 6857 suspended by an equalizing system and be spaced a minimum of four 6858 (4) feet apart in order to be eligible for the maximum load as 6859 provided in this subsection. It shall be a violation if vehicles 6860 to which this subsection applies travel upon any federal
6861 interstate highway or upon any roads or bridges designated and 6862 posted as incapable of carrying such loads by the Mississippi
6863 Department of Transportation * * *, a board of supervisors, or 6864 municipal governing authorities as provided in subsection (5) or 6865 (6) of this section. 6866 (b) Vehicles designed and especially constructed to 6867 transport raw cotton from harvest to the cotton gin shall not be
6868 made to conform to the axle spacing or axle or tire loadings of 6869 this section. However, such vehicles (i) shall be limited to a 6870 gross weight of sixty thousand (60,000) pounds; (ii) may be 6871 operated only within a fifty-mile radius of their home base or 6872 their contractual customer; (iii) shall be limited to a maximum
6873 load of the rated capacity of that vehicle; (iv) shall have all 6874 wheels brake equipped; and (v) are prohibited from traveling upon
6875 any federal interstate highway or upon any roads or bridges 6876 designated and posted as incapable of carrying such loads by the 6877 Mississippi Department of Transportation, a board of supervisors 6878 or municipal governing authorities as provided in subsection (5) 6879 or (6) of this section.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 277 (AJT\EW) 6880 (c) Vehicles designed and especially constructed to 6881 collect and transport solid waste and which are not available for 6882 purchase in sizes and capacities to fully comply with the road and 6883 bridge weight laws of the State of Mississippi, shall not be made 6884 to conform to the axle spacing or tire loadings of this section. 6885 However, such vehicles (i) shall be limited to a gross weight of
6886 sixty thousand (60,000) pounds; (ii) may be operated only within a 6887 fifty-mile radius of their home base or their contractual 6888 customer; (iii) shall be limited to a maximum load of the rated 6889 capacity of that vehicle; (iv) shall have all wheels 6890 brake-equipped; and (v) are prohibited from traveling upon any 6891 federal interstate highway or upon any roads or bridges designated 6892 and posted as incapable of carrying such loads by the Mississippi
6893 Department of Transportation, a board of supervisors or the 6894 governing authorities of a municipality as provided in subsection 6895 (5) or (6) of this section. 6896 (d) The rear axle of trailer mounted knuckle boom log 6897 loaders shall be exempt from the tire loading limitation provided
6898 for in subsection (3) of this section; provided, however, that the 6899 gross weight imposed on the highway by such an axle shall not
6900 exceed forty-one thousand (41,000) pounds. 6901 (5) The board of supervisors of any county or the governing 6902 authorities of any municipality, by appropriate resolution, may 6903 impose limitations more restrictive than those permitted in this
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 278 (AJT\EW) 6904 section upon the county highways of such county or the streets of 6905 such municipality. 6906 (6) The Mississippi Department of Transportation, for cause, 6907 may post or limit any road or bridge to weights less than those 6908 permitted by this section.
6909 SECTION 177. Section 63-5-31, Mississippi Code of 1972, is 6910 amended as follows: 6911 63-5-31. Subject to the limitations imposed on wheel and 6912 axle loads by Section 63-5-27, and to the further limitations 6913 hereinafter specified, the total combined weight (vehicles plus 6914 load) on any group of axles shall not exceed the value given in 6915 the following table (Table II) corresponding to the distance in 6916 feet between the extreme axles of the group, measured
6917 longitudinally to the nearest foot, on those highways or parts of 6918 highways found by the Mississippi Department of
6919 Transportation * * * to be suitable to carry such increased load 6920 limits from an engineering standpoint, and so designated as such
6921 by order of said * * * department entered on its minutes and 6922 published once each week for three successive weeks in a daily 6923 newspaper of general circulation in this state:
6924 TABLE II 6925 Distance in Feet Between Maximum Load in Pounds 6926 the Extreme of Any Group of Axles Carried on Any Group of Axles 6927 4 32,000 6928 5 32,000
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 279 (AJT\EW) 6929 6 32,000 6930 7 32,000 6931 8 32,610 6932 9 33,779 6933 10 34,942 6934 11 36,097
6935 12 37,246 6936 13 38,387 6937 14 39,522 6938 15 40,649 6939 16 41,770 6940 17 42,883 6941 18 43,990
6942 19 45,089 6943 20 46,182 6944 21 47,267 6945 22 48,346 6946 23 49,417
6947 24 50,482 6948 25 51,539
6949 26 52,590 6950 27 53,633 6951 28 54,670 6952 29 55,699 6953 30 56,722
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 280 (AJT\EW) 6954 31 57,737 6955 32 58,746 6956 33 59,747 6957 34 60,742 6958 35 61,729 6959 36 62,710
6960 37 63,683 6961 38 and greater 64,650 maximum 6962 Moreover, in addition to the per axle weight limitations 6963 specified by Section 63-5-27, the maximum load carried on a 6964 combination of vehicles shall be subject to the following 6965 additional limitations: The maximum load carried on any group of 6966 two (2) axles shall not exceed twenty-seven thousand (27,000)
6967 pounds in instances where one or more of such axles is a driving 6968 axle (that is, an axle turned by the vehicle's engine power). 6969 An axle group shall consist of any two (2) or more 6970 consecutive axles of any vehicle or combination of vehicles.
6971 SECTION 178. Section 63-5-33, Mississippi Code of 1972, is 6972 amended as follows: 6973 63-5-33. (1) Subject to the limitations imposed on wheel
6974 and axle loads by Section 63-5-27, and to the further limitations 6975 hereinafter specified, the total combined weight (vehicles plus 6976 load) on any group of axles of a vehicle or a combination of 6977 vehicles shall not exceed the value given in the following table 6978 (Table III) corresponding to the distance in feet between the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 281 (AJT\EW) 6979 extreme axles of the group, measured longitudinally to the nearest 6980 foot, on those highways or parts of highways designated by the
6981 Mississippi Department of Transportation * * * as being capable of 6982 carrying the maximum load limits and, in addition thereto, such
6983 other highways or parts of highways found by the * * * department 6984 to be suitable to carry the maximum load limits from an
6985 engineering standpoint, and so designated as such by order of
6986 the * * * department entered upon its minutes and published once 6987 each week for three (3) consecutive weeks in a daily newspaper 6988 published in this state and having a general circulation therein. 6989 The maximum total combined weight carried on any group of two (2) 6990 or more consecutive axles shall be determined by the formula 6991 contained in the Federal Weight Law enacted January 4, 1975, as
6992 follows: W=500 (LN/N-1+12N+36) where W=maximum weight in pounds 6993 carried on any group of two (2) or more axles computed to the 6994 nearest five hundred (500) pounds, L=distance in feet between the 6995 extremes of any group of two (2) or more consecutive axles, and 6996 N=number of axles in any group under consideration.
6997 TABLE III 6998 DISTANCE
6999 IN FEET 7000 BETWEEN THE 7001 EXTREMES OF 7002 ANY GROUP 7003 OF 2 OR MORE
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 282 (AJT\EW) 7004 CONSECUTIVE MAXIMUM LOAD IN POUNDS CARRIED ON ANY 7005 AXLES GROUP OF 2 OR MORE CONSECUTIVE AXLES 7006 2 axles 3 axles 4 axles 5 axles 6 axles 7 axles 7007 4 34,000 7008 5 34,000 7009 6 34,000 Axle groups in
7010 7 34,000 7011 8 and 7012 less 34,000 34,000 these spacings 7013 More 7014 than 7015 8 38,000 42,000 7016 9 39,000 42,500
7017 10 40,000 43,500 impractical 7018 11 44,000 7019 12 45,000 50,000 7020 13 45,500 50,500 7021 14 46,500 51,500
7022 15 47,000 52,000 7023 16 48,000 52,500 58,000
7024 17 48,500 53,500 58,500 7025 18 49,500 54,000 59,000 7026 19 50,000 54,500 60,000 7027 20 51,000 55,500 60,500 66,000 7028 21 51,500 56,000 61,000 66,500
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 283 (AJT\EW) 7029 22 52,500 56,500 61,500 67,000 7030 23 53,000 57,500 62,500 68,000 7031 24 54,000 58,000 63,000 68,500 74,000 7032 25 54,500 58,500 63,500 69,000 74,500 7033 26 55,500 59,500 64,000 69,500 75,000 7034 27 56,000 60,000 65,000 70,000 75,500
7035 28 57,000 60,500 65,500 71,000 76,500 7036 29 57,500 61,500 66,000 71,500 77,000 7037 30 58,500 62,000 66,500 72,000 77,500 7038 31 59,000 62,500 67,500 72,500 78,000 7039 32 60,000 63,500 68,000 73,000 78,500 7040 33 64,000 68,500 74,000 79,000 7041 34 64,500 69,000 74,500 80,000
7042 35 65,500 70,000 75,000 80,000 7043 36 66,000 70,500 75,500 80,000 7044 37 66,500 71,000 76,000 80,000 7045 38 67,500 71,500 77,000 80,000 7046 39 68,000 72,500 77,500 80,000
7047 40 68,500 73,000 78,000 80,000 7048 41 69,500 73,500 78,500 80,000
7049 42 70,000 74,000 79,000 80,000 7050 43 70,500 75,000 80,000 80,000 7051 44 71,500 75,500 80,000 80,000 7052 45 72,000 76,000 80,000 80,000 7053 46 72,500 76,500 80,000 80,000
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 284 (AJT\EW) 7054 47 73,500 77,500 80,000 80,000 7055 48 74,000 78,000 80,000 80,000 7056 49 74,500 78,500 80,000 80,000 7057 50 75,500 79,000 80,000 80,000 7058 51 76,000 80,000 80,000 80,000 7059 52 76,500 80,000 80,000 80,000
7060 53 77,500 80,000 80,000 80,000 7061 54 78,000 80,000 80,000 80,000 7062 55 78,500 80,000 80,000 80,000 7063 56 79,500 80,000 80,000 80,000 7064 57 80,000 80,000 80,000 80,000 7065 (2) Moreover, in addition to the per axle weight limitations 7066 specified by Section 63-5-27, two (2) consecutive sets of tandem
7067 axles may carry a gross load of thirty-four thousand (34,000) 7068 pounds each, providing that the overall distance between the first 7069 and last axles of such consecutive sets of tandem axles is 7070 thirty-six (36) feet or more, except that, until September 1, 7071 1989, the axle distance for tank trailers, dump trailers and ocean
7072 transport container haulers may be thirty (30) feet or more. Such 7073 overall gross weight may not exceed eighty thousand (80,000)
7074 pounds, except as provided by this section. 7075 (3) Notwithstanding the provisions of Section 63-5-27 and/or 7076 Section 63-5-29 to the contrary, vehicles hauling products in the 7077 manner set forth in this subsection, whether or not such vehicles 7078 are operating with a harvest permit, shall be allowed a gross
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 285 (AJT\EW) 7079 weight of not to exceed forty thousand (40,000) pounds on any 7080 tandem. Vehicles operating without a harvest permit shall be 7081 allowed a tolerance not to exceed five percent (5%) above their 7082 authorized gross vehicle weight, tandem or axle weight; except 7083 that the maximum gross vehicle weight of any such vehicle shall 7084 not exceed eighty thousand (80,000) pounds plus a tolerance
7085 thereon of not more than two percent (2%). Vehicles operating 7086 with a harvest permit shall be allowed a tolerance not to exceed 7087 five percent (5%) above their authorized tandem or axle weight, 7088 but the maximum gross vehicle weight of any such vehicle shall not 7089 exceed eighty-four thousand (84,000) pounds. However, neither the 7090 increased weights in this subsection nor any tolerance shall be 7091 allowed on federal interstate highways or on other highways where
7092 a tolerance is specifically prohibited by the Mississippi
7093 Department of Transportation * * *, the county board of 7094 supervisors or the municipal governing authorities as provided for 7095 in Section 63-5-27. The tolerance allowed by this subsection 7096 shall only apply to the operation of vehicles from the point of
7097 loading to the point of unloading for processing, and to the 7098 operation of vehicles hauling sand, gravel, woodchips, wood
7099 shavings, sawdust, fill dirt, and agricultural products, and 7100 products for recycling or materials for the construction or repair 7101 of highways. The range of such operation shall not exceed a 7102 radius of one hundred (100) miles except where the products are 7103 being transported for processing within this state. The tolerance
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 286 (AJT\EW) 7104 shall not be allowed for vehicles loading at a point of origin 7105 having scales available for weighing each individual axle of the 7106 vehicle; provided, however, that vehicles loading at a point of 7107 origin having scales available for weighing the vehicle shall not 7108 be eligible for any tolerance over the gross weight limit of 7109 eighty thousand (80,000) pounds.
7110 (4) Notwithstanding the provisions of Section 63-5-27 and/or 7111 Section 63-5-29 to the contrary, vehicles hauling prepackaged 7112 products, unloaded at a state port or to be loaded at a state 7113 port, which are containerized in such a manner as to make 7114 subdivision thereof impractical shall be allowed a gross weight of 7115 not to exceed forty thousand (40,000) pounds on any tandem, and a 7116 tolerance not to exceed five percent (5%) above their authorized
7117 gross weight, tandem or axle weight; except that the maximum 7118 weight of any vehicle shall not exceed eighty thousand (80,000) 7119 pounds plus a tolerance thereon of not more than two percent (2%); 7120 however, neither the increased weights in this subsection nor any 7121 tolerance shall be allowed on federal interstate highways or on
7122 other highways where a tolerance is specifically prohibited by the
7123 Mississippi Department of Transportation * * *, the county board 7124 of supervisors or the municipal governing authorities as provided 7125 for in Section 63-5-27. 7126 (5) (a) Vehicles for which a harvest permit has been issued 7127 pursuant to Section 27-19-81(4) shall be allowed a gross vehicle 7128 weight not to exceed eighty-four thousand (84,000) pounds.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 287 (AJT\EW) 7129 However, the board of supervisors of any county and the governing 7130 authorities of any municipality may designate the roads, streets 7131 and highways under their respective jurisdiction on and along 7132 which vehicles for which a harvest permit has been issued may 7133 travel. This subsection shall not apply to the federal interstate 7134 system.
7135 (b) Any owner or operator who has been issued a harvest 7136 permit and who wishes to operate a vehicle on the roads, streets 7137 or highways under the jurisdiction of a county or municipality at 7138 a gross vehicle weight greater than the weight allowed by law or 7139 greater than the maximum weight established for such roads, 7140 streets or highways by the board of supervisors or municipal 7141 governing authorities, shall notify, in writing, the board of
7142 supervisors or the governing authorities, as the case may be, 7143 before operating such vehicle on the roads, streets or highways of 7144 such county or municipality. In his notice, the permit holder 7145 shall identify the routes over which he intends to operate 7146 vehicles for which the permit has been issued and the dates or
7147 time period during which he will be operating such vehicles. The 7148 board of supervisors or the governing authorities, as the case may
7149 be, shall have two (2) working days to respond in writing to the 7150 permit holder to notify the permit holder of the routes on and 7151 along which the permit holder may operate vehicles for which a 7152 harvest permit has been issued. Failure of the board of 7153 supervisors or the governing authorities timely to notify the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 288 (AJT\EW) 7154 permit holder and to designate the routes on and along which the 7155 permit holder may operate shall be considered as authorizing the 7156 permit holder to operate on any of the roads, streets or highways 7157 of the county or municipality in accordance with the authority 7158 granted to the permit holder by the harvest permit. 7159 (c) Anytime a timber deed is filed with the chancery
7160 clerk, the grantee, at that time, may make a written request of 7161 the board of supervisors of the county or the governing 7162 authorities of the municipality, as the case may be, for the 7163 purpose of providing to the grantee, within three (3) working days 7164 of the filing of the request, a designated and approved route over 7165 the roads, streets or highways under the jurisdiction of the 7166 county or city, as the case may be, that the grantee may travel
7167 for the purpose of transporting harvested timber. Upon providing 7168 such route designation, the county or city, as the case may be, 7169 shall also provide to the grantee a map designating the approved 7170 route. An approved route designation provided to a grantee under 7171 the provisions of this paragraph shall be valid for a period of
7172 six (6) months from its date of issue. The permit authorized to 7173 be issued under paragraph (b) of this subsection shall not be
7174 required for any person who obtains a permit issued under this 7175 paragraph. 7176 (d) This subsection (5) shall stand repealed from and 7177 after July 1, 2019.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 289 (AJT\EW) 7178 (6) Nothing in this section or subsections (1) through (4) 7179 of Section 63-5-27 shall be construed to deny the operation of any 7180 vehicle or combination of vehicles that could be lawfully operated 7181 upon the interstate highway system of this state on January 4, 7182 1975.
7183 SECTION 179. Section 63-5-34, Mississippi Code of 1972, is 7184 amended as follows: 7185 63-5-34. For the purposes of Sections 63-5-29 and 63-5-33, 7186 any motor vehicle measuring more than twenty-nine (29) feet 7187 between the extreme axles with title to such vehicle registered 7188 with the State Tax Commission in accordance with the provisions of 7189 Section 63-21-1 et seq. may use public highways, excluding the 7190 federal interstate highway system, and be considered as a motor
7191 vehicle with a distance between the extreme of any group of axles 7192 twelve (12) feet longer than the extreme measurement of any such 7193 group. 7194 Any motor vehicle that measures more than twenty-nine (29) 7195 feet and less than or equal to forty (40) feet between the extreme
7196 axles whose gross weight does not exceed seventy-two thousand 7197 (72,000) pounds on four (4) axles or seventy-three thousand two
7198 hundred eighty (73,280) pounds on five (5) axles, with title to 7199 such vehicle registered with the State Tax Commission on or before 7200 April 24, 1974, and in accordance with the provisions of Section 7201 63-21-1 et seq., may use the federal interstate highway system and 7202 be considered as a motor vehicle with a distance between the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 290 (AJT\EW) 7203 extreme of any group of axles twelve (12) feet longer than the 7204 extreme measurement of any such group. 7205 The provisions of this section may be superseded by action of
7206 the Mississippi Department of Transportation * * *, by resolution 7207 spread upon its minutes, for any specified segment of a state 7208 highway or bridge in accordance with the provisions set forth in
7209 Section 65-1-45, when, due to any special weather or other hazard, 7210 such highways or bridges have been weakened or when such highways 7211 have substandard surfacing or weak bridges due to any cause. 7212 This section shall not apply to situations in which its 7213 application would create a conflict with any length regulation or 7214 weight restriction imposed by federal law on the federal 7215 interstate highway system.
7216 SECTION 180. Section 63-5-35, Mississippi Code of 1972, is 7217 amended as follows: 7218 63-5-35. (1) It is the expressed intent of the Legislature
7219 that the Mississippi Department of Transportation * * * shall take 7220 into consideration economic factors involving agriculture and
7221 industry within the State of Mississippi and shall allow such 7222 increased load limits pursuant to Section 63-5-33 for agricultural
7223 and industrial well-being where such is shown to be practical or 7224 necessary.
7225 (2) The Mississippi Department of Transportation * * * shall 7226 designate Mississippi Highway 32 from its intersection with U.S. 7227 Highway 49 at Webb, Tallahatchie County, eastward to Charleston as
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 291 (AJT\EW) 7228 eligible to carry the load limits scheduled in Section 63-5-33, 7229 Mississippi Code of 1972.
7230 (3) The Mississippi Department of Transportation * * * shall 7231 designate Mississippi Highway 492 beginning at its intersection 7232 with Mississippi Highway 21 and extending easterly to its 7233 intersection with Mississippi Highway 15 as eligible to carry the
7234 load limits scheduled in Section 63-5-33.
7235 SECTION 181. Section 63-5-51, Mississippi Code of 1972, is 7236 amended as follows: 7237 63-5-51. (1) (a) The Mississippi Department of
7238 Transportation * * * with respect to highways under its 7239 jurisdiction and local authorities with respect to highways under 7240 their jurisdiction may, in their discretion, upon application in
7241 writing and good cause being shown therefor, issue a special 7242 permit in writing authorizing the applicant to operate or move a 7243 vehicle or combination of vehicles of a size or weight of vehicle 7244 or load exceeding the maximum specified in this chapter or 7245 otherwise not in conformity with the provisions of this chapter
7246 upon any highway under the jurisdiction of the party granting such 7247 permit and for the maintenance of which said party is responsible.
7248 (b) The application for any such permit shall 7249 specifically describe the general operation and load to be moved, 7250 and the particular highways for which the permit to operate is 7251 requested, and whether such permit is requested for a single trip, 7252 or for continuous operation.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 292 (AJT\EW) 7253 (c) The Mississippi Department of Transportation * * * 7254 or local authority is authorized to issue or withhold such permit 7255 at its discretion. If such permit is issued, the Mississippi
7256 Department of Transportation * * * or local authority is 7257 authorized to limit the number of trips, or to establish seasonal 7258 or other time limitations within which the vehicles described may
7259 be operated on the highways indicated, or otherwise to limit or 7260 prescribe conditions of operation of such vehicle or vehicles, 7261 when necessary to assure against undue damage to the road 7262 foundations, surfaces or structures. The Mississippi Department
7263 of Transportation * * * or local authority may require such 7264 undertaking or other security as may be deemed necessary to 7265 compensate for any injury to any roadway or road structure.
7266 (d) Every such permit shall be carried in the vehicle 7267 or combination of vehicles to which it refers and shall be open to 7268 inspection by any police officer or authorized agent of any 7269 authority granting such permit, and no person shall violate any of 7270 the terms or conditions of such special permit. However, permits
7271 covering the number of vehicles anticipated in any operation may
7272 be issued by the * * * department.
7273 (2) The Mississippi Department of Transportation * * * or 7274 local authorities, in their discretion, upon application in 7275 writing and good cause being shown therefor, issue a permit 7276 authorizing the commercial movement of one or more recreational 7277 vehicles or motor homes which comply with the provisions of
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 293 (AJT\EW) 7278 Section 63-5-13. Such permits shall be valid for one (1) year 7279 from the date they are issued. A copy of the permit shall be 7280 carried with all such vehicles while they are being moved. The 7281 provisions of subsection (1) of this section shall not apply to 7282 the commercial movement of vehicles under a permit issued pursuant 7283 to this subsection if such vehicles comply with Section 63-5-13.
7284 SECTION 182. Section 65-2-3, Mississippi Code of 1972, is 7285 amended as follows: 7286 65-2-3. The board shall be composed of three (3) members,
7287 one (1) to be appointed by the * * * Commissioner of 7288 Transportation * * *, and one (1) to be selected by the 7289 Mississippi Road Builders' Association, Incorporated, or its 7290 successor organization (hereinafter referred to as the
7291 contractors). The third member shall be chosen by agreement of 7292 the other two (2) members. 7293 Each board member shall serve for a four-year term at the end
7294 of which either the * * * Commissioner of Transportation * * * or 7295 the contractors may either retain their representative or choose
7296 to appoint or select another member.
7297 The * * * Commissioner of Transportation * * * shall 7298 establish appropriate fees for administering the arbitration 7299 process under this chapter and for compensating arbitrators for 7300 their service. These fees for each arbitration do not include the 7301 attorneys' fees of the parties and shall be assessed to the 7302 parties to the arbitration as determined by the board.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 294 (AJT\EW) 7303 SECTION 183. Section 65-2-5, Mississippi Code of 1972, is 7304 amended as follows: 7305 65-2-5. The board shall elect a chairman and may adopt rules
7306 of procedure. The board may be called into session by the * * * 7307 Commissioner of Transportation * * * or by a contractor who has a 7308 dispute with the Mississippi Department of Transportation which,
7309 under the rules of the board, may be the subject of arbitration. 7310 The party requesting the board's consideration shall give notice 7311 of the same to each member. 7312 Absent agreement of the parties, the board shall have 7313 jurisdiction to hear matters concerning Seven Hundred Fifty 7314 Thousand Dollars ($750,000.00) or less per contract without regard 7315 to the size of the contract. The parties by mutual written
7316 agreement may submit to the board claims in excess of the 7317 jurisdictional limit of Seven Hundred Fifty Thousand Dollars 7318 ($750,000.00). Absent agreement of the parties, the number of 7319 arbitration proceedings regarding monetary issues shall be limited 7320 to three (3) per contract.
7321 SECTION 184. Section 65-3-1, Mississippi Code of 1972, is 7322 amended as follows:
7323 65-3-1. Subject only to the provisions hereinafter 7324 contained, it shall be unlawful for any person, acting privately 7325 or in any official capacity or as an employee of any subdivision 7326 of the state, to charge or collect any toll or other charge from 7327 any person for the privilege of traveling on any part of any
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 295 (AJT\EW) 7328 highway which has been heretofore or may hereafter be designated 7329 as a state highway, and being a part of the state highway system, 7330 or on or across any bridge wholly within this state, which is a 7331 part of any such highway. 7332 For a violation of this section, any judge or chancellor may, 7333 in termtime or vacation, grant an injunction upon complaint of the
7334 Mississippi Department of Transportation * * *. 7335 The provisions of this section shall be inapplicable to any 7336 toll road or bridge built or operated under the authority of 7337 Section 65-43-1 or Section 65-43-3.
7338 SECTION 185. Section 65-3-3, Mississippi Code of 1972, is 7339 amended as follows: 7340 65-3-3. The following highways are designated as state
7341 highways and shall be under the jurisdiction of the Mississippi
7342 Department of Transportation * * * for construction and 7343 maintenance, and such highways, along with all other laws adding 7344 links to the designated state highway system, are declared to be 7345 the state highway system of Mississippi:
7346 Mississippi 1 -- Begins at Onward, Sharkey County, thence in 7347 a westerly direction to Filer, thence in a northerly direction to
7348 Mayersville, thence continues from Mississippi 14 approximately 7349 midway between Mayersville and Rolling Fork to or near Greenville, 7350 Rosedale, Sherard and ends at U.S. 49 east of Mississippi River 7351 Bridge at Helena, Coahoma County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 296 (AJT\EW) 7352 Mississippi 2 -- Begins at or near Hickory Flat, Benton 7353 County, and extends in a northeasterly direction to or near Blue 7354 Mountain, thence continues from or near Ripley to or near Kossuth 7355 to U.S. 72 west of Corinth, thence from U.S. 45 north of Corinth, 7356 Alcorn County, northeasterly to the Mississippi-Tennessee state 7357 line.
7358 Mississippi 3 -- Begins at a point on U.S. 61 at or near 7359 Redwood, Warren County, and extends in a northeasterly direction 7360 to or near Satartia and Yazoo City, thence follows U.S. 49W to or 7361 near Inverness, thence in a northeasterly direction to Moorhead, 7362 thence north to Sunflower, thence continues along U.S. 49W to 7363 Tutwiler, thence in a northeasterly direction to Lambert, Marks, 7364 Sledge, Crenshaw, Sarah and Savage to intersect U.S. 61 at or near
7365 Lake Cormorant, DeSoto County.
7366 Mississippi 4 -- Begins at or near Fox Island and extends 7367 east to or near Tunica, Coahoma County, thence continues from U.S. 7368 61 south of Tunica to or near Savage, Strayhorn, Senatobia, Holly 7369 Springs, and Ashland, thence continues from Mississippi 5
7370 approximately six and one-half miles south of Ashland to or near 7371 Ripley, Booneville, Bentonite Mill, Livingstons Store, New Site,
7372 and Bay Springs to Mississippi 25 at or near Dennis.
7373 Mississippi 5 -- Begins on Mississippi 178 near Hickory Flat, 7374 Benton County, and extends north to Elvis Chapel Church on U.S. 7375 72, and thence west on U.S. 72 to Harris Chapel Church and thence 7376 northwest to Mississippi 7, Benton County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 297 (AJT\EW) 7377 Mississippi 6 -- Begins on Mississippi 161 in Clarksdale, 7378 thence easterly to Marks, Batesville, Oxford, Pontotoc, Tupelo, 7379 thence southerly to Nettleton and ends at its intersection with 7380 Mississippi 25 north of Amory.
7381 Mississippi 7 -- Begins at or near Belzoni, Humphreys County, 7382 and extends in a northeasterly direction to or near Swiftown to
7383 U.S. 82 north of Itta Bena, thence continues from or near 7384 Greenwood to or near Holcomb, Grenada, Coffeeville, Water Valley, 7385 Oxford and Holly Springs to the Mississippi-Tennessee state line 7386 northeast of Michigan City, Benton County.
7387 Mississippi 8 -- Begins on Mississippi 1 at or near Rosedale, 7388 Bolivar County, and extends in an easterly direction to or near 7389 Cleveland, Ruleville, Minter City, Philipp and Holcomb, thence
7390 continues from or near Grenada to or near Calhoun City, Houston 7391 and Aberdeen and ends on U.S. 278 at or near Greenwood Springs, 7392 Monroe County.
7393 Mississippi 9 -- Begins at or near Ackerman, Choctaw County, 7394 and extends in a northerly direction to or near Eupora,
7395 Bellefontaine and Slate Springs to Mississippi 8 south of Calhoun 7396 City, thence continues from or near Calhoun City to or near Bruce,
7397 Sarepta, Pontotoc and Sherman, thence continuing from U.S. 78 7398 northwest of Sherman to, at or near Blue Springs and ending at 7399 Mississippi 30 at or near Graham, Union County.
7400 Mississippi 9W -- Begins on Mississippi 9 north of Bruce, 7401 Calhoun County, and extends northerly to or near Banner and Paris
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 298 (AJT\EW) 7402 to Mississippi 7 at Airport Road south of Markette, Lafayette 7403 County.
7404 I-10 -- From the Mississippi-Louisiana state line east of 7405 Slidell, Louisiana, to the Mississippi-Alabama state line 7406 southwest of Mobile, Alabama.
7407 U.S. 11 -- Begins on I-59 at or near Nicholson, south of 7408 Picayune, Pearl River County, and extends in a northeasterly 7409 direction to or near Picayune, Poplarville, Hattiesburg, Laurel, 7410 Enterprise and Meridian, and thence easterly to the 7411 Mississippi-Alabama state line, Lauderdale County.
7412 Mississippi 12 -- Begins on Mississippi 1 at or near James, 7413 Washington County, thence continuing through LeRoy Percy State 7414 Park and extends in an easterly direction to or near Hollandale,
7415 Belzoni, Tchula, Lexington, Durant, Kosciusko and Ackerman to a 7416 point on U.S. 82 north of Mississippi State University, thence 7417 continues from or near Columbus and extends in a northeasterly 7418 direction to the Mississippi-Alabama state line, Lowndes County.
7419 Mississippi 13 -- Begins at a point on U.S. 49 at or near 7420 Maxie, Forrest County, and extends in a northwesterly direction to 7421 or near Lumberton and Columbia, thence continues in a northerly
7422 direction to or near Prentiss, Mendenhall, Puckett, Daniel, 7423 Polkville, Morton and Lena and ends at a point on Mississippi 16 7424 west of Carthage at or near Pine Tree, Leake County.
7425 Mississippi 14 -- Begins at or near Mayersville, Issaquena 7426 County, and extends in an easterly direction to or near Rolling
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 299 (AJT\EW) 7427 Fork, thence continues from U.S. 61 at or near Anguilla to U.S. 7428 49W at or near Louise, thence continues from, at or near Ebenezer 7429 to or near Goodman, Newport and Zemuly to south of Kosciusko to or 7430 near Louisville and Macon ending at the Mississippi-Alabama state 7431 line east of Macon, Noxubee County.
7432 Mississippi 15 -- Begins at the intersection of I-10 and 7433 I-110, Harrison County, and extends in a northerly direction to or 7434 near Beaumont, Laurel, Bay Springs, Newton, Philadelphia, 7435 Louisville, Ackerman, Mathiston, Houston, Pontotoc, New Albany, 7436 Ripley, Walnut and ends at the Mississippi-Tennessee state line, 7437 Tippah County.
7438 Mississippi 16 -- Begins on Mississippi 1 at or near the 7439 Issaquena-Washington county line, thence in a southeasterly
7440 direction to Rolling Fork and extends in a southeasterly direction 7441 near Little Sunflower River, thence continues from or near Holly 7442 Bluff in a northeasterly direction to U.S. 49W at or near Craig, 7443 thence continues from or near Yazoo City to or near Benton to U.S. 7444 51 at or near Canton, thence continues to or near Carthage,
7445 Philadelphia, Dekalb and Scooba to the Mississippi-Alabama state 7446 line east of Scooba, Kemper County.
7447 Mississippi 17 -- Begins in Scott County on designated 7448 Mississippi 25, thence northerly to Mississippi 16 near Farmhaven, 7449 thence to or near Pickens, Lexington, Carrollton and ends 7450 approximately three and one-tenth miles northeast of North 7451 Carrollton, Carroll County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 300 (AJT\EW) 7452 Mississippi 18 -- Begins at or near Grand Gulf, Claiborne 7453 County, then to or near Port Gibson and extends in a northeasterly 7454 direction to or near Hermanville, Utica and Raymond to an 7455 intersection with U.S. 80 at or near Jackson, thence from Brandon 7456 continues in a southeasterly direction to or near Raleigh and Bay 7457 Springs, thence continues in a northeasterly direction to or near
7458 Rose Hill, thence southeast to or near Pachuta, thence east to or 7459 near Quitman and ends at the Mississippi-Alabama state line east 7460 of Quitman, Clarke County.
7461 Mississippi 19 -- Begins on U.S. 51 at or near West, Holmes 7462 County, and extends in a southeasterly direction to or near 7463 Kosciusko, Zama, Arlington High School, Yates Crossing, 7464 Philadelphia and Meridian, and ends at the Mississippi-Alabama
7465 state line southeast of Meridian, Lauderdale County.
7466 I-20 -- From the Mississippi-Louisiana state line at 7467 Vicksburg to a point on I-55 in Jackson and from another point on 7468 I-55 southeast of Jackson to a point on I-59 west of Meridian.
7469 Mississippi 21 -- Begins at a point on Mississippi 35 at or 7470 near Forest, Scott County, and runs in a northeasterly direction 7471 to or near Sebastopol, Dixon, Neshoba County Fairgrounds,
7472 Philadelphia, Bond High School, Preston, Gholson, thence in a 7473 northeasterly direction to intersect Mississippi 39 at or near 7474 Shuqualak, Noxubee County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 301 (AJT\EW) 7475 Mississippi 22 -- Begins at or near Edwards, Hinds County, 7476 thence in a northeasterly direction to or near Flora, thence to a 7477 point on U.S. 51 at or near Canton, Madison County.
7478 Mississippi 23 -- Begins on Mississippi 25 at or near 7479 Smithville in Monroe County, thence northerly to Tremont, thence 7480 to the Mississippi-Alabama state line, Itawamba County, southeast
7481 of Golden, Mississippi.
7482 Mississippi 24 -- Begins at or near Fort Adams, Wilkinson 7483 County, and extends in an easterly direction to or near Woodville, 7484 Centreville, Gloster, Liberty and McComb, Pike County.
7485 Mississippi 25 -- Begins at or near Jackson, Hinds County, 7486 thence in a northeasterly direction to or near Carthage, 7487 Louisville and Starkville, thence along U.S. 82 to its
7488 intersection with U.S. 45A, thence along U.S. 45A to Muldon, 7489 thence to or near Aberdeen, Amory, Smithville, to U.S. 78, thence 7490 continuing to Belmont, Dennis, Tishomingo, Iuka and to the 7491 Mississippi-Tennessee state line north of Cross Roads, Tishomingo 7492 County.
7493 Mississippi 26 -- Begins at the Mississippi-Louisiana state 7494 line east of Bogalusa, Pearl River County, and extends in an
7495 easterly direction to or near Poplarville and Wiggins and ends at 7496 or near Lucedale, George County.
7497 Mississippi 27 -- Begins on the Mississippi-Louisiana state 7498 line south of Tylertown, Walthall County, and extends northerly to
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 302 (AJT\EW) 7499 Tylertown, Monticello, Georgetown, Crystal Springs, Utica and ends 7500 at or near Vicksburg, Warren County.
7501 Mississippi 28 -- Begins at or near Fayette, Jefferson 7502 County, and extends to, at or near Hazlehurst, Georgetown, Pinola, 7503 Magee and Taylorsville and ends on U.S. 84 west of Laurel, Jones 7504 County.
7505 Mississippi 29 -- Begins at or near Wiggins, Stone County, 7506 and extends in a northerly direction to or near Janice, New 7507 Augusta, Runnelstown, Ellisville and ends at Mississippi 28 at or 7508 near Soso, Jones County.
7509 Mississippi 30 -- Begins at or near Oxford, Lafayette County, 7510 and extends in a northeasterly direction to or near New Albany, 7511 thence by Keownsville and Pleasant Ridge, thence to a point at or
7512 near Wheeler to intersect U.S. 45, thence along U.S. 45 to south 7513 of Booneville, thence from U.S. 45 northeasterly to intersect 7514 Mississippi 4 and Mississippi 364, thence to Walden's Store, Hills 7515 Chapel, Burton and ends at the Natchez Trace Parkway east of 7516 Tishomingo, Tishomingo County.
7517 Mississippi 32 -- Begins on Mississippi Highway 1 at or near 7518 Perthshire, Bolivar County, and extends east to or near Shelby,
7519 thence continues from U.S. 49W at or near Parchman easterly to or 7520 near Webb, Charleston, Oakland, Water Valley, Bruce and Houlka, 7521 thence continues from Mississippi 15 south of Houlka to or near 7522 Van Vleet and Okolona, Chickasaw County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 303 (AJT\EW) 7523 Mississippi 33 -- Begins at the Mississippi-Louisiana state 7524 line, Wilkinson County, and extends northerly to Mississippi 24 at 7525 or near Centreville, thence to Gloster to or near Crosby, 7526 Knoxville, Roxie and McNair to U.S. 61 south of Fayette, then from 7527 or near Fayette northeasterly to or near Red Lick and Pattison to 7528 Mississippi 18 at or near Hermanville, Claiborne County.
7529 Mississippi 35 -- Begins at the Mississippi-Louisiana state 7530 line, Marion County, south of Sandy Hook and extends in a 7531 northerly direction to a point on U.S. 98 at or near Foxworth, 7532 thence continues from or near Columbia to or near Bassfield, Lone 7533 Star, Mount Olive, Mize, Raleigh, Forest, Carthage, Kosciusko, 7534 Vaiden, Holcomb, Charleston and Batesville and ends at or near the 7535 Sardis Dam northeast of Batesville, Panola County.
7536 Mississippi 37 -- Begins at a point on U.S. 84, Covington 7537 County, south of Hot Coffee and extends in a northerly direction 7538 to or near Taylorsville, Center Ridge and ends on Mississippi 35 7539 south of Raleigh, Smith County.
7540 Mississippi 39 -- Begins at or near Meridian, Lauderdale 7541 County, and extends in a northerly direction to or near DeKalb and 7542 ends on U.S. 45 at or near Shuqualak, Noxubee County.
7543 Mississippi 41 -- Begins at or near Pontotoc, Pontotoc 7544 County, and extends southeasterly to or near Okolona, thence 7545 easterly to U.S. 45 at or near Wren, Monroe County.
7546 Mississippi 42 -- Begins at the Lawrence-Simpson county line 7547 northeast of New Hebron and extends to or near New Hebron,
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 304 (AJT\EW) 7548 Prentiss, Bassfield and Sumrall to U.S. 49 north of Hattiesburg to 7549 or near Petal, Runnelstown, Richton, Sand Hill and State Line to 7550 the Mississippi-Alabama state line, Wayne County.
7551 Mississippi 43 -- Begins on U.S. 90 west of Bay St. Louis, 7552 Hancock County, and extends in a north northwesterly direction to 7553 or near Picayune, thence continues from or near Picayune to
7554 Mississippi 26 at or near Cross Roads then to Mississippi 13 south 7555 of Prentiss west and north to Arm Road in Section 5, Township 6 7556 North, Range 20 West, Lawrence County, and proceeds northwesterly 7557 for approximately four miles to its intersection with U.S. 84 in 7558 Section 24, Township 7 North, Range 21 West, thence continues 7559 from, at or near Silver Creek, New Hebron and Pinola to 7560 Mississippi 13 southwest of Mendenhall, thence continues from
7561 Mississippi 18 at or near Puckett, Cross Roads, Pelahatchie and 7562 Pisgah to Mississippi 16 at or near Canton, thence to or near 7563 Thomastown, Kosciusko, Shady Grove and Friendship ending at the 7564 intersection of Mississippi 407 south of Kilmichael, Montgomery 7565 County.
7566 Mississippi 44 -- Begins at or near McComb, Pike County, and 7567 extends to or near Pricedale and Jayess to Mississippi 27 east of
7568 Jayess, thence continues easterly across the Pearl River to 7569 Mississippi 13, Marion County, thence continues from, at or near 7570 Columbia to or near Sumrall, Lamar County.
7571 U.S. 45 -- Begins at the Mississippi-Alabama state line at or 7572 near the Town of State Line, Greene County, and extends in a
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 305 (AJT\EW) 7573 northerly direction to or near Waynesboro, Quitman, Meridian, 7574 Scooba, Macon, Brooksville, Columbus, Aberdeen, Nettleton, 7575 Shannon, Tupelo, Booneville, Corinth and ends at the 7576 Mississippi-Tennessee state line north of Corinth, Alcorn County.
7577 U.S. 45A -- Begins at a point on U.S. 45 at or near 7578 Brooksville, Noxubee County, and extends in a northerly direction
7579 to or near West Point, Okolona, and ends at a point on U.S. 45 at 7580 or near Shannon, Lee County.
7581 Mississippi 46 -- Begins at a point on Mississippi 9 south of 7582 Calhoun City, Calhoun County, and extends southeasterly to or near 7583 Hohenlinden, Mantee, Montpelier to Mississippi 50 approximately 7584 seven miles west of West Point, Clay County.
7585 Mississippi 47 -- Begins at approximately seven miles west of 7586 West Point, Clay County, on Mississippi 50 and runs in a northerly 7587 direction to intersect with Mississippi 8 at or near Trebloc, and 7588 thence north to Buena Vista, Chickasaw County.
7589 Mississippi 48 -- Begins at or near Centreville, Wilkinson 7590 County, and extends to Liberty, thence continues from Mississippi
7591 24 west of McComb and extends in a southeasterly direction to or 7592 near Magnolia, Tylertown and Dexter, thence continues in a
7593 southeasterly direction to intersect with Mississippi 35 at Sandy 7594 Hook, thence in an easterly direction to or near Lumberton, Lamar 7595 County.
7596 U.S. 49 -- Begins at or near Gulfport, Harrison County, and 7597 extends in a northerly direction to or near Wiggins, Hattiesburg,
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 306 (AJT\EW) 7598 Collins, Mendenhall, Jackson and Yazoo City, thence continues from 7599 or near Tutwiler to or near Clarksdale, and thence continues from 7600 U.S. 61 north of Clarksdale westward to or near the Mississippi 7601 River, Coahoma County, near Helena, Arkansas.
7602 U.S. 49E -- Begins at or near Yazoo City, Yazoo County, and 7603 extends in a northerly direction to or near Tchula and Greenwood
7604 and ends at or near Tutwiler, Tallahatchie County.
7605 U.S. 49W -- Begins at or near Yazoo City, Yazoo County, and 7606 extends in a northerly direction to or near Belzoni, Indianola and 7607 Ruleville and ends at or near Tutwiler, Tallahatchie County.
7608 Mississippi 50 -- Begins at or near Walthall, Webster County, 7609 thence easterly to or near Cumberland to Mississippi 15, thence to 7610 or near Pheba, Cedar Bluff and West Point to or near junction
7611 Mississippi 373 and U.S. 45, then continues from, at or near 7612 Columbus on U.S. 82 northeasterly to the Mississippi-Alabama state 7613 line, Lowndes County.
7614 U.S. 51 -- Begins at the Mississippi-Louisiana state line at 7615 or near Osyka, Pike County, and extends in a northerly direction
7616 to or near Magnolia, McComb, Summit, Brookhaven, Hazlehurst, 7617 Crystal Springs, Jackson, Canton, Durant, Winona, Grenada,
7618 Batesville, Senatobia and Hernando and ends at the 7619 Mississippi-Tennessee state line north of Horn Lake, DeSoto 7620 County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 307 (AJT\EW) 7621 Mississippi 53 -- Begins at or near Poplarville, Pearl River 7622 County, and extends in a southeasterly direction to or near 7623 Necaise and ends at or near Lyman, Harrison County.
7624 I-55 -- From the Mississippi-Louisiana state line south of 7625 McComb via Jackson to the Mississippi-Tennessee state line south 7626 of Memphis, Tennessee.
7627 Mississippi 57 -- Begins at or near Fontainebleau, Jackson 7628 County, and extends to or near Vancleave, Benndale, Avent, and 7629 McLain, thence continues from U.S. 98 east of McLain to or near 7630 Leakesville, thence continues from or near Leakesville northerly 7631 to or near State Line on U.S. 45 and ends at its intersection with 7632 Mississippi 42, Greene County.
7633 I-59 -- From the Mississippi-Louisiana state line near 7634 Picayune via Hattiesburg, Laurel and Meridian to the 7635 Mississippi-Alabama state line west of Cuba, Alabama.
7636 U.S. 61 -- Begins at the Mississippi-Louisiana state line 7637 south of Woodville, Wilkinson County, and extends in a northerly 7638 direction to or near Woodville, Natchez, Fayette, Port Gibson,
7639 Vicksburg, Rolling Fork, Leland, Cleveland, Clarksdale and Tunica 7640 and ends at the Mississippi-Tennessee state line north of Lake
7641 View, DeSoto County.
7642 Mississippi 63 -- Begins from U.S. 90 at or near Pascagoula, 7643 Jackson County, and extends in a northerly direction to or near 7644 Moss Point, Wade, Lucedale, Leakesville, Sand Hill and ends at or 7645 near Waynesboro, Wayne County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 308 (AJT\EW) 7646 U.S. 65 -- Begins at the west end of the Mississippi River 7647 Bridge at Natchez, Adams County, and extends in an easterly 7648 direction to U.S. 61 and thence continues south jointly with U.S. 7649 61 to the Mississippi-Louisiana state line south of Woodville, 7650 Wilkinson County.
7651 Mississippi 67 -- Begins at I-10 and extends north to U.S. 49 7652 at or near Saucier, all in Harrison County.
7653 Mississippi 69 -- Begins at the Mississippi-Alabama state 7654 line and extends northerly to or near Columbus, all in Lowndes 7655 County.
7656 U.S. 72 -- Begins at the Mississippi-Tennessee state line 7657 northwest of Mt. Pleasant, Marshall County, and extends in a 7658 southeasterly direction to or near Walnut, Corinth and Iuka and
7659 ends at the Mississippi-Alabama state line southeast of Iuka, 7660 Tishomingo County.
7661 Mississippi 76 -- Begins on Mississippi 6 west of Pontotoc to 7662 Mississippi 9, from Mississippi 9 easterly to U.S. 45 south of 7663 Tupelo and continuing easterly to existing Mississippi 6 near
7664 Plantersville, and continues from a point approximately 7.482 7665 miles northeast of U.S. 78 near the community of Fairview and
7666 extends northeasterly approximately 11 miles to the 7667 Mississippi-Alabama state line, Itawamba County.
7668 U.S. 78 -- Begins at the Mississippi-Tennessee state line 7669 northwest of Olive Branch, DeSoto County, and extends in a 7670 southeasterly direction to or near Holly Springs, New Albany,
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 309 (AJT\EW) 7671 Tupelo and Fulton and ends at the Mississippi-Alabama state line 7672 east of Fulton, Itawamba County.
7673 U.S. 80 -- Begins at or near Vicksburg, Warren County, and 7674 extends in an easterly direction to or near Jackson, Brandon, 7675 Forest, Newton and Meridian and ends at the Mississippi-Alabama 7676 state line east of Meridian, Lauderdale County.
7677 U.S. 82 -- Begins at the Mississippi River Bridge southwest 7678 of Greenville, Washington County, and extends in a northeasterly 7679 direction to or near Greenville, thence east to or near Leland, 7680 Indianola, Greenwood, Carrollton, Winona, Mathiston and Starkville 7681 to a point on U.S. 45 west of Columbus, thence continues from or 7682 near Columbus to the Mississippi-Alabama state line east of 7683 Columbus, Lowndes County.
7684 U.S. 84 -- Begins at the Mississippi River Bridge at or near 7685 Natchez, Adams County, and extends in an easterly direction to 7686 U.S. 61 in Natchez, thence continues jointly with U.S. 61 to or 7687 near Washington, thence continues from U.S. 61 at or near 7688 Washington, to or near Meadville, Brookhaven, Monticello,
7689 Prentiss, Collins, Laurel and Waynesboro to the 7690 Mississippi-Alabama state line east of Tokio, Wayne County.
7691 U.S. 90 -- Begins at the Mississippi-Louisiana state line 7692 southwest of Pearlington, Hancock County, and extends in an 7693 easterly direction to or near Bay St. Louis, Gulfport, Biloxi, 7694 Pascagoula, and ends at the Mississippi-Alabama state line, 7695 Jackson County, en route to Mobile, Alabama.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 310 (AJT\EW) 7696 U.S. 98 -- Begins at or near Bude, Franklin County, and 7697 extends in a southeasterly direction to or near Summit, thence 7698 continues from, at or near McComb to or near Tylertown, Columbia 7699 and Hattiesburg, thence continues from I-59 southwest of 7700 Hattiesburg to or near New Augusta, Beaumont, McLain and Lucedale 7701 to the Mississippi-Alabama state line southeast of Lucedale,
7702 George County.
7703 I-110 -- Begins at its intersection with U.S. 90 in Biloxi 7704 thence north to I-10.
7705 Mississippi 145 -- The various sections of Old U.S. 45 that 7706 have been relocated by new construction.
7707 Mississippi 149 -- The various sections of Old U.S. 49 that 7708 have been relocated by new construction.
7709 Mississippi 161 -- The various sections of Old U.S. 61 that 7710 have been relocated by new construction.
7711 Mississippi 172 -- The various sections of Old U.S. 72 that 7712 have been relocated by new construction.
7713 Mississippi 178 -- The various sections of Old U.S. 78 that 7714 have been relocated by new construction.
7715 Mississippi 182 -- The various sections of Old U.S. 82 that 7716 have been relocated by new construction.
7717 Mississippi 184 -- The various sections of Old U.S. 84 that 7718 have been relocated by new construction.
7719 Mississippi 198 -- The various sections of Old U.S. 98 that 7720 have been relocated by new construction.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 311 (AJT\EW) 7721 Mississippi 245 -- Begins on U.S. 45A south of Okolona, 7722 Chickasaw County, thence continues to Mississippi 32/Mississippi 7723 41 at Okolona and continues to Mississippi 145 at Shannon, Lee 7724 County.
7725 I-220 -- Begins at its intersection with I-20 at or near Van 7726 Winkle and thence northeasterly a distance of approximately 12
7727 miles to intersect with I-55 at or near the Hinds-Madison county 7728 line.
7729 U.S. 278 -- Begins at the Mississippi-Arkansas state line, 7730 continues along U.S. 82 to Leland, thence along U.S. 61 to 7731 Clarksdale, continues along Mississippi 6 to Batesville, Oxford, 7732 Pontotoc and Tupelo, thence along U.S. 45 to south of Nettleton, 7733 near Wren, thence easterly to Amory and ends at the
7734 Mississippi-Alabama state line near Gattman, Monroe County.
7735 Mississippi 301 -- Begins at or near Arkabutla, Tate County, 7736 thence north to the Tate-DeSoto county line, thence begins on 7737 Mississippi 304 at Eudora to or near Lynchburg and ends at the 7738 Mississippi-Tennessee state line, DeSoto County.
7739 Mississippi 302 -- Begins at U.S. 61, DeSoto County, thence 7740 east to U.S. 78 at or near Olive Branch in DeSoto County, thence
7741 to U.S. 72 at or near Mount Pleasant in Marshall County.
7742 Mississippi 304 -- Begins at the Mississippi-Tennessee state 7743 line at or near U.S. 72, Marshall County, and thence runs in a 7744 southwesterly direction to intersect with U.S. 78 at or near 7745 Byhalia and thence runs in a westerly direction to intersect I-55
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 312 (AJT\EW) 7746 at or near Hernando and thence runs in a westerly direction to 7747 intersect with U.S. 61 in DeSoto County.
7748 Mississippi 305 -- Begins at or near the north boundary line 7749 of Sardis Reservoir, Lafayette County, and extends northerly to 7750 Mississippi 310 in Lafayette County, then from Mississippi 4 north 7751 to or near Independence, Lewisburg, Olive Branch and ends at the
7752 Mississippi-Tennessee state line, DeSoto County.
7753 Mississippi 306 -- Begins at or near Coldwater and extends to 7754 or near Independence, all in Tate County.
7755 Mississippi 309 -- Begins on Mississippi 4 at or near 7756 Chulahoma, Marshall County, Mississippi, and runs thence in a 7757 northerly direction to or near the communities of Watson, the Town 7758 of Byhalia, and ends at the Mississippi-Tennessee state line north
7759 of Barton, Marshall County.
7760 Mississippi 310 -- Begins on Mississippi 3 in Crenshaw, 7761 Panola County, and extends in an easterly direction to Como, then 7762 returns from I-55 easterly to the Lafayette county line near Laws 7763 Hill, then to Mississippi 7 at or near Malone, Marshall County.
7764 Mississippi 311 -- Begins on Mississippi 7 at or near Holly 7765 Springs and extends northerly to U.S. 72 at or near Mt. Pleasant,
7766 all in Marshall County.
7767 Mississippi 313 -- Begins at or near Hudsonville and extends 7768 westerly to Atway, thence northerly to U.S. 72 at or near Slayden, 7769 all in Marshall County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 313 (AJT\EW) 7770 Mississippi 314 -- Begins at or near Sardis Reservoir and 7771 extends southeasterly to or near Oxford, all in Lafayette County.
7772 Mississippi 315 -- Begins at U.S. Highway 49/Mississippi 61 7773 near the Town of Rich, continues to the Coahoma-Quitman county 7774 line, thence easterly to or near Sledge and Sardis, southeasterly 7775 to or near Sardis Dam and Water Valley to Mississippi 9W at or
7776 near Paris, Lafayette County.
7777 Mississippi 316 -- Begins at a point on U.S. 61 in Coahoma 7778 County, at or near Frank Montory's Place and runs thence in a 7779 generally southeasterly direction through Jonestown, thence 7780 through Belen to Mississippi 6 west of Marks, Quitman County.
7781 Mississippi 321 -- Begins on Mississippi 32 east of Webb and 7782 extends northerly and ends at or near Brazil, all in Tallahatchie
7783 County.
7784 Mississippi 322 -- Begins at or near Sherard, Coahoma County, 7785 and extends east to or near Clarksdale, thence from or near Hopson 7786 on U.S. 49 south of Clarksdale east to Mississippi 3 approximately 7787 three miles south of Lambert, thence from Lambert to Crowder and
7788 ends on the Batesville-Charleston Road east of Crowder, Panola 7789 County.
7790 Mississippi 328 -- Begins where it intersects with 7791 Mississippi 315, and extends easterly in a direction approximately 7792 eight miles to or near Taylor, thence to or near Markette, 7793 Lafayette County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 314 (AJT\EW) 7794 Mississippi 330 -- Begins on U.S. 51 west of Tillatoba, 7795 Yalobusha County, and extends easterly to or near Coffeeville and 7796 Gums, thence east to Bruce, Calhoun County.
7797 Mississippi 331 -- Begins on Mississippi 9 southwest of 7798 Sarepta, Calhoun County, and extends north to or near Tula and 7799 ends on Mississippi 334 north of Tula, Lafayette County.
7800 Mississippi 332 -- Begins at the intersection of Old 7801 Mississippi 7 with U.S. 51 approximately one mile north of Grenada 7802 and extends in a northeasterly direction to the north abutment of 7803 the Grenada Dam, all in Grenada County.
7804 Mississippi 333 -- Begins at the intersection of Old 7805 Mississippi 8 with new Mississippi 8, approximately one mile east 7806 of Grenada and extends in a northeasterly direction to its
7807 intersection with a federally maintained road leading to the south 7808 abutment of the Grenada Dam, all in Grenada County.
7809 Mississippi 334 -- Begins at or near Oxford, Lafayette 7810 County, and extends in an easterly direction to or near Toccopola 7811 and ends on Mississippi 9 at or near Springville, Pontotoc County.
7812 Mississippi 336 -- Begins on Mississippi 6 at or near 7813 Lafayette Springs, Lafayette County, and extends to or near
7814 Thaxton and Pontotoc, Pontotoc County.
7815 Mississippi 340 -- Begins at the Calhoun-Chickasaw county 7816 line near the Riley Ball Home, thence easterly to Mississippi 341, 7817 then continues to Mississippi 15 near Woodland, all in Chickasaw 7818 County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 315 (AJT\EW) 7819 Mississippi 341 -- Begins at the Webster-Chickasaw county 7820 line, thence northerly to or near Atlanta, Vardaman to Mississippi 7821 32, then continues to or near Buckhorn ending on Mississippi 9 7822 southwest of Pontotoc, Pontotoc County.
7823 Mississippi 342 -- Begins on Mississippi 41 at or near 7824 Pontotoc and extends to Mississippi 6 east of Pontotoc, all in
7825 Pontotoc County.
7826 Mississippi 345 -- Begins at or near Pontotoc and extends 7827 north and west to or near Ecru, all in Pontotoc County.
7828 Mississippi 346 -- Begins at or near Sand Springs Church, 7829 thence east to or near Esperanza, thence to Mississippi 15 7830 approximately three-fourths mile south of Ecru, all in Pontotoc 7831 County.
7832 Mississippi 347 -- Begins on Mississippi 349 at or near 7833 Bethlehem, thence northeasterly and northwesterly to Mississippi 7834 349 approximately two miles south of Potts Camp, all in Marshall 7835 County.
7836 Mississippi 348 -- Begins at or near New Albany, Union 7837 County, and extends east to or near Guntown, Lee County.
7838 Mississippi 349 -- Begins where it intersects with 7839 Mississippi 30, Union County, and extends northwesterly to or near 7840 Cornersville and Bethlehem and ends at or near Potts Camp, 7841 Marshall County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 316 (AJT\EW) 7842 Mississippi 350 -- Begins from Mississippi 2 northeast of 7843 Corinth, Alcorn County, thence in an easterly direction to 7844 Mississippi 25 near the State Line Resort, Tishomingo County.
7845 Mississippi 351 -- Begins on the Alcorn-Tippah county line 7846 thence north to or near Gorforth's Place on Mississippi 2 in 7847 Alcorn County.
7848 Mississippi 354 -- Begins at or near Walnut, thence in a 7849 southeasterly direction approximately two and nine-tenths miles, 7850 all in Tippah County.
7851 Mississippi 355 -- Begins at Mississippi 346 near Esperanza, 7852 Pontotoc County, and extends northwesterly to or near Pinedale and 7853 Etta, then to Mississippi 30 near Gallway, Union County.
7854 Mississippi 356 -- Begins on the Kossuth-Rienzi Road, Alcorn 7855 County, approximately six and one-half miles west of Rienzi and 7856 extends east to or near Rienzi and Jacinto, to intersect 7857 Mississippi 365 southeast of Jacinto, Prentiss County.
7858 Mississippi 362 -- Begins at Mississippi 145, runs through 7859 Wheeler to Wheeler School, thence from Hopewell Road easterly to
7860 intersect at or near the junction with a county road in the 7861 northwest quarter of Section 20 approximately one and four-tenths
7862 miles west of Mississippi 371, all in Prentiss County.
7863 Mississippi 363 -- Begins on Mississippi 178 west of Fulton, 7864 Itawamba County, and extends north to or near Mantachie, thence 7865 north and west to Mississippi 145 at Saltillo, Lee County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 317 (AJT\EW) 7866 Mississippi 364 -- Begins on Mississippi 30 east of 7867 Booneville, Prentiss County, runs northeast to Mississippi 365 and 7868 thence from a point near Holcut east to Mississippi 25 south of 7869 Iuka, Tishomingo County.
7870 Mississippi 365 -- Begins on Mississippi 30 at or near 7871 Burton, Prentiss County, thence north to Burnsville to intersect
7872 Mississippi 25 at or near Cross Roads, Tishomingo County.
7873 Mississippi 366 -- Begins east of Baldwyn on Mississippi 370, 7874 Prentiss County, thence in an easterly direction to Mississippi 7875 371 at Marietta, thence from Mississippi 25 at or near Belmont to 7876 the Mississippi-Alabama state line east of Golden, Tishomingo 7877 County.
7878 Mississippi 367 -- Begins on Mississippi 356 southeast of 7879 Jacinto, thence in a northeasterly direction to Alcorn-Tishomingo 7880 county line, all in Alcorn County.
7881 Mississippi 368 -- Begins where it intersects Mississippi 15 7882 at or near Blue Mountain thence easterly to or near Buena Vista 7883 School, all in Tippah County.
7884 Mississippi 369 -- Begins on Mississippi 370 approximately 7885 two miles east of Benton-Tippah county line, thence northeasterly
7886 to or near Walnut, all in Tippah County.
7887 Mississippi 370 -- Begins at Mississippi 5 at or near 7888 Ashland, Benton County, thence easterly to Mississippi 15 at or 7889 near Falkner, thence from Mississippi 4 at or near Ripley 7890 southeasterly to or near Dumas thence to Mississippi 30 at or near
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 318 (AJT\EW) 7891 Pleasant Ridge, thence from Mississippi 30 east of Pleasant Ridge 7892 to or near Baldwyn and ends at Mississippi 371 at or near 7893 Kirkville, Itawamba County.
7894 Mississippi 371 -- Begins on Mississippi 6 south of 7895 Nettleton, Monroe County, thence north to or near Richmond and 7896 Mooreville, thence northeast to or near Mantachie, thence north to
7897 or near Marietta and ends on Mississippi 4 southeast of 7898 Booneville, Prentiss County.
7899 Mississippi 373 -- Begins on U.S. 45 approximately four miles 7900 north of Columbus, Lowndes County, thence to the South Gate of 7901 Columbus Air Force Base, thence from the North Gate of Columbus 7902 Air Force Base to U.S. 45 at or near Hamilton, Monroe County.
7903 Mississippi 379 -- Begins at the Itawamba-Monroe county line 7904 and extends northward to a point on Mississippi 371 near 7905 Evergreen, all in Itawamba County.
7906 Mississippi 382 -- Begins on U.S. 45A and thence runs in an 7907 easterly direction through Prairie to intersect Mississippi 25 7908 approximately three miles south of Aberdeen, all in Monroe County.
7909 Mississippi 385 -- Begins at or near Buena Vista and runs in 7910 a northwesterly direction to Mississippi 32 at or near Van Vleet,
7911 all in Chickasaw County.
7912 Mississippi 388 -- Begins at or near Brooksville and extends 7913 east to or near Cliftonville and to the Mississippi-Alabama state 7914 line, all in Noxubee County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 319 (AJT\EW) 7915 Mississippi 389 -- Begins on U.S. 82 in Starkville, Oktibbeha 7916 County, and runs in a northwesterly direction to the 7917 Oktibbeha-Clay county line, thence to a point on Mississippi 46 at 7918 Montpelier, continues in a northerly direction to a point on 7919 Mississippi 8 in Houston, Chickasaw County.
7920 Mississippi 391 -- Begins at the east side of T.N. Kinard 7921 property line and runs in a northeasterly direction to 7922 Winston-Noxubee county line, all in Winston County.
7923 Mississippi 393 -- Begins on the Winston-Neshoba county line 7924 and extends northward to Mississippi 490 at or near Claytown, 7925 Winston County.
7926 Mississippi 395 -- Begins on Mississippi 19 at or near 7927 Arlington, Neshoba County, and runs north to Plattsburg, thence
7928 east to or near Noxapater, Winston County.
7929 Mississippi 397 -- Begins at or near Louisville, Winston 7930 County, and extends southeast to or near DeKalb, Kemper County.
7931 Mississippi 403 -- Begins at or near Mathiston and extends 7932 north and west to the county highway maintenance barn for District
7933 No. 4 in Webster County.
7934 Mississippi 404 -- Begins at I-55 in Carroll County and 7935 extends east to U.S. 51 north of Duck Hill, thence from a point on 7936 U.S. 51 at Duck Hill in an easterly direction to beat line of Beat 7937 No. 2 in Montgomery County and from the intersection of 7938 Cadaretta-Bellefontaine Road at Spring Hill, and extends easterly 7939 to or near Bellefontaine in Webster County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 320 (AJT\EW) 7940 Mississippi 407 -- Begins on U.S. 51, Montgomery County, 7941 thence in a southeasterly direction to Mississippi 413 at French 7942 Camp, then from Mississippi 12 at or near Weir southwesterly to 7943 the Town of McCool, thence west to intersect Mississippi 12, 7944 Attala County.
7945 Mississippi 411 -- Begins at a point at or near Glendale 7946 School on Mississippi 14 in Attala County, Mississippi, and runs 7947 in a northerly direction to or near Antioch Church, thence to the 7948 Town of McCool, continues over the business route of Mississippi 7949 12 through the Town of McCool to a point just west of the bridge 7950 over the Yockanookany River, thence north to Mississippi 12, all 7951 in Attala County.
7952 Mississippi 413 -- Begins at or near Kilmichael, Montgomery 7953 County, and extends southeast to or near Weir, Choctaw County.
7954 Mississippi 415 -- Begins where it intersects the Natchez 7955 Trace Parkway, thence southeast to or near Chester, and ends on 7956 Mississippi 9 about two and one-half miles northwest of Ackerman, 7957 Choctaw County.
7958 Mississippi 424 -- Begins at or near Holmes State Park and 7959 extends east to U.S. 51 south of Durant, Holmes County.
7960 Mississippi 425 -- Begins at a point on Mississippi 12 and 7961 runs in a southeasterly direction to the east city limits of 7962 Ethel, all in Attala County.
7963 Mississippi 427 -- Begins at or near Laurel Hill, Neshoba 7964 County, and extends in a northerly direction to Mississippi 16 at
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 321 (AJT\EW) 7965 Edinburg, then begins approximately two miles north of Edinburg 7966 and extends in a northerly direction to Mississippi 25 between 7967 Marydell, Leake County, and Mississippi 19 intersection.
7968 Mississippi 429 -- Begins at or near Blocker's Store, Leake 7969 County, and extends northwest to intersect the Natchez Trace 7970 Parkway at or near Thomastown, thence northerly to Mississippi 14
7971 at or near Zemuly, thence from Mississippi 14 at or near Newport 7972 north to intersect Mississippi 12 north of Sallis, Attala County.
7973 Mississippi 430 -- Begins at or near Greenwood, Leflore 7974 County, thence in a southeasterly direction to Leflore-Carroll 7975 county line, thence from a point at or near Black Hawk east to or 7976 near Vaiden, Carroll County.
7977 Mississippi 431 -- Begins in the Village of Sallis, Attala 7978 County, 600 feet west of Mississippi 429 and extends easterly to 7979 Mississippi 12 east of Sallis.
7980 Mississippi 432 -- Begins at or near Benton, Yazoo County, 7981 and extends northeast to or near Pickens, Holmes County.
7982 Mississippi 433 -- Begins on U.S. 61 at or near Kelso, 7983 Sharkey County, thence northeast to a point south of Spanish Fort, 7984 and thence from, at or near Satartia, east to or near Bentonia,
7985 thence in a northerly direction to or near Benton, and thence to a 7986 point approximately four miles north of the Holmes-Yazoo county 7987 line.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 322 (AJT\EW) 7988 Mississippi 434 -- Begins on U.S. 61 north of Anguilla and 7989 extends east to or near Catchings, now Delta City, all in Sharkey 7990 County.
7991 Mississippi 436 -- Begins at or near Glen Allen and extends 7992 northeasterly to U.S. 61 at or near Percy, all in Washington 7993 County.
7994 Mississippi 438 -- Begins at or near Wayside, Washington 7995 County, and extends to the Washington-Humphreys county line.
7996 Mississippi 440 -- Begins on Mississippi 19 in Section 2, 7997 Township 15 North, Range 5 East, thence easterly to intersect 7998 Mississippi 35 at Hesterville, all in Attala County.
7999 Mississippi 442 -- Begins at Mississippi 448 one mile east of 8000 Shaw, Sunflower County, thence in an easterly direction to
8001 Steiner, thence in a northerly direction to Linn, thence in an 8002 easterly direction to Doddsville and extends easterly to U.S. 49E 8003 near Schalter, Leflore County.
8004 Mississippi 444 -- Begins at Mississippi 1 at or near Round 8005 Lake in Bolivar County, thence easterly to intersect U.S. 61 at or
8006 near Duncan, Bolivar County.
8007 Mississippi 446 -- Begins at Mississippi 1 at or near Lobdell 8008 and extends east to U.S. 61 at or near Boyle, all in Bolivar 8009 County.
8010 Mississippi 448 -- Begins at or near Benoit, Bolivar County, 8011 and extends southeast to or near Shaw, thence in a southeasterly 8012 direction to join U.S. 82 at or near Indianola, Sunflower County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 323 (AJT\EW) 8013 Mississippi 450 -- Begins at or near Scott on Mississippi 1 8014 and runs in a southeasterly direction to Choctaw on U.S. 61, all 8015 in Bolivar County.
8016 Mississippi 454 -- Begins at or near the Mississippi River 8017 Bridge southwest of Greenville and extends east to Mississippi 1 8018 north of Wayside, all in Washington County.
8019 Mississippi 462 -- Begins on U.S. 61, three miles north of 8020 Port Gibson, thence in a northerly direction to a point at or near 8021 Willows, being a part of road connecting U.S. 61 and Mississippi 8022 27 formerly Mississippi 3, all in Claiborne County.
8023 Mississippi 463 -- Begins on Mississippi 22 at or near 8024 Livingston, thence southeasterly to U.S. 51 at or near Madison, 8025 all in Madison County.
8026 Mississippi 465 -- Begins at Mississippi 1 near Fitler, 8027 Issaquena County, thence southerly via Brunswick and Eagle Lake to 8028 U.S. 61 north of Redwood, Warren County.
8029 Mississippi 467 -- Begins at or near Edwards and extends 8030 southeast to or near Raymond, all in Hinds County.
8031 Mississippi 468 -- Begins three miles north of U.S. 80 on the 8032 Fannin Road thence south to U.S. 80, thence in a southeasterly
8033 direction to Whitfield, and thence in a northeasterly direction to 8034 or near Brandon, all in Rankin County.
8035 Mississippi 469 -- Begins on Mississippi 28 at or near Fork 8036 Church, Simpson County, thence northerly to Harrisville, Florence
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 324 (AJT\EW) 8037 and extends northeasterly to intersect Mississippi 468, Rankin 8038 County.
8039 Mississippi 471 -- Begins at or near Brandon and extends in a 8040 northerly direction to Mississippi 25, thence from a point seven 8041 and five-tenths miles northeast on Mississippi 25 to intersect 8042 Sand Hill-Canton Road or Mississippi 43, all in Rankin County.
8043 Mississippi 472 -- Begins approximately two miles east of 8044 Hazlehurst, Copiah County, on Old Mississippi 28 near Shady Grove, 8045 thence in a southeasterly direction to Rockport; thence begins 8046 again in Section 23, Township 10 North, Range 21 West, Simpson 8047 County, thence in a northeasterly direction to Mississippi 28 at 8048 or near Pinola.
8049 Mississippi 473 -- Begins at a point on the Copiah-Hinds 8050 county line northeast of Crystal Springs, thence northerly to new 8051 U.S. 51 near Terry, Hinds County.
8052 Mississippi 475 -- Begins at a point on Mississippi 468 and 8053 extends in a northerly direction to I-20, thence northerly along 8054 the western boundary line of the Jackson Municipal Airport (Allen
8055 C. Thompson Field) to a point on Mississippi 25, all in Rankin 8056 County.
8057 Mississippi 476 -- Begins at or near Van Winkle and extends 8058 easterly to the west corporate limits of Jackson, as the corporate 8059 limits were in 1949, all in Hinds County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 325 (AJT\EW) 8060 Mississippi 477 -- West Rankin Parkway (New Route)--Begins at 8061 Mississippi 25 in the City of Flowood, thence south to U.S. 80 at 8062 Pearson Road in the City of Pearl, all in Rankin County.
8063 Mississippi 478 -- Begins about three miles east of Rockport 8064 in Simpson County, and extends in an easterly direction to a point 8065 on Mississippi 43.
8066 Mississippi 481 -- Begins on Mississippi 43, Rankin County, 8067 and extends east to the Rankin-Scott county line to Morton, 8068 Pulaski, Trenton, Burns and intersects Mississippi 35, Smith 8069 County.
8070 Mississippi 482 -- Begins on Mississippi 16 east of 8071 Philadelphia where Sandtown Road leaves Mississippi 16, thence in 8072 a northeasterly direction to intersect with Mississippi 491 near
8073 Bogue Chitto Indian School; all in Neshoba County. Also begins on 8074 Mississippi 19 south of Philadelphia near the Neshoba County 8075 Hospital and extends in a northeasterly direction to intersect 8076 present Mississippi 482 about one and three-tenths miles north of 8077 its intersection with Mississippi 16. This route is now numbered
8078 Mississippi 894.
8079 Mississippi 483 -- Begins at a point on Mississippi 13 at 8080 Forkville, thence in a northwesterly direction to Ludlow, Scott 8081 County.
8082 Mississippi 484 -- Begins on Mississippi 488 west of Madden, 8083 Leake County, thence through the community of Wright's Springs and
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 326 (AJT\EW) 8084 thence easterly to the Neshoba county line at the intersection of 8085 Mississippi 488 and Mississippi 427.
8086 Mississippi 485 -- Begins on Mississippi 21, thence in a 8087 northeasterly direction to Mississippi 15 at Good Hope, Neshoba 8088 County.
8089 Mississippi 486 -- Begins on Mississippi 16 east of 8090 Philadelphia, thence southeasterly to the intersection of 8091 Mississippi 491, all in Neshoba County.
8092 Mississippi 487 -- Begins at or near Lena, Leake County, 8093 thence northeasterly to or near Tuscola and Carthage, thence in an 8094 easterly direction by Standing Pine, Rosebud and Salem, thence in 8095 a southeasterly direction to the intersection of Mississippi 21 at 8096 Sebastopol, Scott County.
8097 Mississippi 488 -- Begins at or near Mississippi 35 at 8098 Carthage, Leake County, and extends to or near Madden, Laurel 8099 Hill, and to a point on Mississippi 21 approximately two miles 8100 west of Williamsville, Neshoba County.
8101 Mississippi 489 -- Begins at or near Lake, Scott County, and 8102 extends northeast to or near Conehatta to Union, Newton County.
8103 Mississippi 490 -- Begins at or near Noxapater, Winston 8104 County, thence in an easterly direction to intersect Mississippi 8105 397, thence in a northeasterly direction by Old Fearn Springs Post 8106 Office to the Noxubee county line.
8107 Mississippi 491 -- Begins on Mississippi 19, approximately 8108 200 yards south of the Neshoba-Newton county line, thence in a
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 327 (AJT\EW) 8109 northerly direction to Mississippi 486 southwest of DeWeese and 8110 thence from Mississippi 16 at Cross Roads north to Mississippi 21 8111 near the center of Section 22, Township 12 North, Range 13 East, 8112 Neshoba County.
8113 Mississippi 492 -- Begins at the intersection of Mississippi 8114 487 at or near Tuscola, Leake County, and runs in an easterly
8115 direction to or near Walnut Grove and to the south boundary of 8116 Golden State Park and continues as Golden State Park Road until it 8117 reaches Mississippi 21. Then from a point on Mississippi 21 at or 8118 near Sebastopol to or near Union and ends at or near House School 8119 east of Mississippi 19, Neshoba County.
8120 Mississippi 493 -- Begins at or near Meridian, Lauderdale 8121 County, thence in a northerly direction to or near Bailey and
8122 Moscow, and ends on Mississippi 16 in Kemper County.
8123 Mississippi 494 -- Begins on Mississippi 15 at or near Union, 8124 Newton County, and extends southeast to or near Little Rock and 8125 Dufee to intersect Mississippi 19 at or near Hookston, Lauderdale 8126 County.
8127 Mississippi 495 -- Begins on Mississippi 493 at Bailey's 8128 Store, in Lauderdale County, thence in a northerly direction to
8129 the Kemper county line, thence by Damacus School and intersection 8130 Mississippi 16 at or near Daw's Store and from another point on 8131 Mississippi 16 at Daw's Brothers Store, thence northerly to a 8132 point on Mississippi 397 approximately one and one-half miles 8133 south of Preston, Kemper County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 328 (AJT\EW) 8134 Mississippi 496 -- Begins at the intersection of Mississippi 8135 19 in Lauderdale County at Old Odom Store Place, thence in an 8136 easterly direction by way of Culpepper, thence to the 8137 Mississippi-Alabama state line, Lauderdale County.
8138 Mississippi 498 -- Begins at a point on U.S. 45 about 12 8139 miles south of Scooba, Kemper County, thence in an easterly
8140 direction to Porterville.
8141 Mississippi 500 -- Begins with its intersection with 8142 Mississippi 13 at or near Lena, thence in a easterly direction to 8143 a local road at Frank Reeves', thence in a northerly direction to 8144 Mississippi 487 at Tuscola, Leake County.
8145 Mississippi 501 -- Begins on Mississippi 18 approximately 8146 eight miles east of Raleigh and extends in a northerly direction
8147 to or near Pineville to U.S. 80 in Forest.
8148 Mississippi 502 -- Begins with its intersection with 8149 Mississippi 488 between Standing Pine and Free Trade, thence in an 8150 easterly direction by Springfield Baptist Church, Thaggards 8151 Clinic, Madden School and intersects Mississippi 488 at Madden
8152 Baptist Church in the Village of Madden, all in Leake County.
8153 Mississippi 503 -- Begins on Mississippi 528 at or near 8154 Heidelberg, Jasper County, thence in a northerly direction to 8155 Paulding, Hero, Hickory and ends at or near Decatur, Newton 8156 County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 329 (AJT\EW) 8157 Mississippi 504 -- Begins on Mississippi 15 north of 8158 Jasper-Newton county line to Mississippi 503 at Hero, Jasper 8159 County.
8160 Mississippi 505 -- Begins at or near Roberts, Newton County, 8161 and extends north to U.S. 80 at or near Lawrence.
8162 Mississippi 508 -- Begins on U.S. 45 approximately six miles 8163 south of Waynesboro and runs southeasterly approximately three 8164 miles to Waynesboro Pine Tree Nursery, all in Wayne County.
8165 Mississippi 510 -- Begins on U.S. 45 at or near Shubuta in 8166 Wayne County, thence in an easterly direction to Matherville, 8167 thence in a southerly direction to the end of state maintenance, 8168 Wayne County.
8169 Mississippi 511 -- Begins at a point on Mississippi 18 at or 8170 near Quitman, Clarke County, thence in a southeasterly direction 8171 about seven and two-tenths miles, now known as the 8172 Quitman-Crandall Road in Clarke County.
8173 Mississippi 512 -- Begins on the Clarke-Jasper county line, 8174 thence easterly on the Old Paulding and Pachuta Road to
8175 Mississippi 18 at Pachuta, thence continues jointly with 8176 Mississippi 18 approximately two miles southeast of Pachuta,
8177 thence to U.S. 45 in Quitman, Clarke County.
8178 Mississippi 513 -- Begins on Mississippi 18 in the Town of 8179 Rose Hill, Jasper County, thence to Enterprise on U.S. 11 and 8180 extends southeasterly to or near Quitman, Clarke County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 330 (AJT\EW) 8181 Mississippi 514 -- Begins at a point on Mississippi 513 in 8182 Enterprise, thence in an easterly direction to a point on U.S. 45 8183 near the northeast corner of the southeast quarter of Section 20, 8184 Township 4 North, Range 16 East, all in Clarke County.
8185 Mississippi 528 -- Begins at or near Bay Springs and extends 8186 to U.S. 11 at or near Heidelberg, all in Jasper County.
8187 Mississippi 529 -- Begins with its intersection on U.S. 84 at 8188 or near Hebron community, thence in a northerly direction to 8189 Mississippi 28 at Gitano, Jones County.
8190 Mississippi 531 -- Begins on Mississippi 28 approximately one 8191 mile east of Taylorsville in Smith County, thence in a 8192 northeasterly direction to the intersection with Mississippi 18 8193 approximately three miles west of Bay Springs, Jasper County.
8194 Mississippi 532 -- Begins at or near Mt. Olive, Covington 8195 County, and extends southeasterly via Hot Coffee, ending at U.S. 8196 84 at or near Reddoch, Covington County.
8197 Mississippi 533 -- Begins where it intersects Mississippi 28 8198 at or near Soso, Jones County, thence in a northerly direction
8199 along the Ridge Road to Mississippi 15 at or near Stringer, Jasper 8200 County.
8201 Mississippi 535 -- Begins at Seminary, thence in a 8202 northeasterly direction to a point on Mississippi 588, all in 8203 Covington County.
8204 Mississippi 536 -- Begins on Mississippi 15 in Section 12, 8205 Township 7 North, Range 11 West, in Jones County, and extending in
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 331 (AJT\EW) 8206 a northerly and southeasterly direction to Mississippi 63 in Wayne 8207 County in Section 26, Township 7 North, Range 8 West.
8208 Mississippi 537 -- Begins at or near Laurel, Jones County, 8209 and extends northerly to the Jones-Jasper county line, thence 8210 northwesterly and southwesterly via Mossville to Mississippi 15, 8211 Jones County.
8212 Mississippi 540 -- Begins at the intersection of Mississippi 8213 469 at Harrisville, Simpson County, and extends easterly to Old 8214 U.S. 49 and Mississippi 13 at or near Mendenhall, thence 8215 southeasterly to new U.S. 49, thence in a northerly and easterly 8216 direction to a point on Mississippi 541 at Roy Upton's Store, 8217 thence northeasterly and easterly to intersect Mississippi 35 8218 south of Raleigh, Smith County.
8219 Mississippi 541 -- Begins approximately five miles south of 8220 the Simpson county line in Jefferson Davis County, thence in a 8221 northerly direction to or near Magee, Martinville and to intersect 8222 Mississippi 18 southeast of Puckett, and from another point on 8223 Mississippi 18 at or near White Oak, thence in a northwesterly
8224 direction to intersect Mississippi 13 north of Puckett, Smith 8225 County.
8226 Mississippi 545 -- Begins at the intersection with 8227 Mississippi 28 in Simpson County, thence in a northerly direction 8228 for a distance of approximately two miles along the State Farm 8229 Road by and through the State Sanatorium Farm to a point of 8230 intersection with U.S. 49, all in Simpson County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 332 (AJT\EW) 8231 Mississippi 547 -- Begins at or near Port Gibson, Claiborne 8232 County, and extends southeasterly via Pattison to or near Allen, 8233 thence from a point on Mississippi 28 at or near Allen and 8234 extending in an easterly direction to Copiah-Lincoln county line.
8235 Mississippi 548 -- Begins four miles east of Mississippi 18 8236 at or near Hermanville, Claiborne County, thence easterly to the
8237 Claiborne-Copiah county line.
8238 Mississippi 550 -- Begins on Mississippi 28 at or near Union 8239 Church, Jefferson County, and extends southeasterly to or near 8240 Brookhaven, Lincoln County.
8241 Mississippi 552 -- Begins at the Mississippi River at or near 8242 the mouth of Bayou Pierre, Claiborne County, thence easterly then 8243 southerly on the Port Gibson-Alcorn University Road, and extends
8244 southerly to Alcorn State University, thence southeasterly to or 8245 near Lorman, thence in an easterly direction to Red Lick, thence 8246 near Blue Hill, and continues from McBride and intersects 8247 Mississippi 28 at Pleasant Hill, Jefferson County.
8248 Mississippi 553 -- Begins on U.S. 61 at or near Stanton, 8249 Adams County, and extends in a northerly direction to or near 8250 Church Hill, thence in an easterly direction to Fayette, thence in
8251 a northerly direction to Harriston, Jefferson County.
8252 Mississippi 554 -- Begins at or near Pine Ridge and extends 8253 to U.S. 61 at or near Selma, all in Adams County.
8254 Mississippi 555 -- Begins at the road junction in Section 50, 8255 Township 6 North, Range 2 West, and extends in a northwesterly
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 333 (AJT\EW) 8256 direction to U.S. 61 south of Natchez and from another point in 8257 Natchez, northeasterly to Pine Ridge, and thence three and 8258 eight-tenths miles north to Old Pine Ridge School, all in Adams 8259 County.
8260 Mississippi 556 -- Begins on Mississippi 184 at or near 8261 Meadville, thence in a southeasterly direction to intersect U.S.
8262 98, all in Franklin County.
8263 Mississippi 558 -- Begins west of I-55 and extends along 8264 Brookway Boulevard to U.S. 51, thence continues to Mississippi 184 8265 (Monticello Street), all in Brookhaven, Lincoln County.
8266 Mississippi 563 -- Begins on U.S. 61 approximately three 8267 miles north of Woodville, thence to Wilkinson in a northeasterly 8268 direction to or near Crosby, all in Wilkinson County.
8269 Mississippi 567 -- Begins on Mississippi 24 at or near 8270 Liberty, Amite County, and runs in a northerly direction to U.S. 8271 98 south of Bude, Franklin County, except that section from 8272 Butler's Crossing, easterly to Zion Hill Baptist Church.
8273 Mississippi 568 -- Begins at the Mississippi-Louisiana state 8274 line in Amite County and extends in a northeasterly direction to 8275 or near Gillsburg and ends on U.S. 51 south of Magnolia, Pike
8276 County.
8277 Mississippi 569 -- Begins on Mississippi-Louisiana state 8278 line, Amite County, and extends in a northeasterly direction to 8279 Mississippi 48 at or near Beachwood, and from Mississippi 24 at or
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 334 (AJT\EW) 8280 near Liberty in a northeasterly direction to Smithdale to 8281 intersect U.S. 98 at or near Auburn, Lincoln County.
8282 Mississippi 570 -- Begins on U.S. 98 in Franklin County, 8283 thence in a southeasterly direction to or near Smithdale and 8284 McComb, thence from a point on Mississippi 44 in McComb to or near 8285 Felders and to intersect Mississippi 44 at or near Pricedale, Pike
8286 County.
8287 Mississippi 571 -- Begins at a point approximately one mile 8288 east of Gillsburg on Mississippi 584 and runs in a southerly 8289 direction to connect with Louisiana 441, all in Amite County.
8290 Mississippi 575 -- Begins at Progress, thence northeasterly 8291 for a distance of approximately four miles to a point of 8292 intersection with Mississippi 48, all in Pike County.
8293 Mississippi 583 -- Begins at or near Brookhaven, Lincoln 8294 County, thence in a southeasterly direction through Enterprise and 8295 Ruth to intersect Mississippi 44 at Alton Brister's Store, thence 8296 southeasterly to or near Tylertown, Walthall County.
8297 Mississippi 584 -- Begins at Liberty, Amite County, and runs 8298 in a southeasterly direction to or near Gillsburg, then to U.S. 51 8299 at or near Osyka, Pike County.
8300 Mississippi 585 -- Begins on U.S. 98 east of Tylertown, 8301 thence in a northeasterly direction to intersect Mississippi 586 8302 at or near Darbon, all in Walthall County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 335 (AJT\EW) 8303 Mississippi 586 -- Begins at or near Darbon on Mississippi 8304 585, thence in a southeasterly direction to U.S. 98 at or near 8305 Foxworth, Marion County.
8306 Mississippi 587 -- Begins on U.S. 98 at Foxworth, Marion 8307 County, thence northwesterly to Morgantown, Whitebluff, Tilton and 8308 Robinwood to connect with U.S. 84 in Monticello, Lawrence County.
8309 Mississippi 588 -- Begins on U.S. 84 approximately one mile 8310 east of Collins, Covington County, thence in an easterly direction 8311 to or near Ellisville, Jones County.
8312 Mississippi 589 -- Begins at a point on I-59 at or near 8313 Purvis, Lamar County, thence in a northwesterly direction to 8314 intersect U.S. 98, thence continues northerly to or near Sumrall, 8315 then north to U.S. 49 at or near Seminary, Covington County.
8316 Mississippi 590 -- Begins at a point on U.S. 49 at or near 8317 Seminary, Covington County, and extends in an easterly direction 8318 to a point on U.S. 11 at or near Ellisville, Jones County.
8319 Mississippi 591 -- Begins on Mississippi 570 at Felder's Camp 8320 Ground, thence northerly approximately two-tenths mile, all in
8321 Pike County.
8322 Mississippi 594 -- Begins on Mississippi 63 south of 8323 Leakesville and runs easterly to the Mississippi-Alabama state 8324 line, all in Greene County.
8325 Mississippi 598 -- Begins on U.S. 49 at a point west of 8326 Sanford, continues in an easterly direction to another point at 8327 Sanford, all in Covington County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 336 (AJT\EW) 8328 Mississippi 601 -- A central Harrison County connector from 8329 I-10 to U.S. 90 in the vicinity of Canal Road to the Mississippi 8330 State Port at Gulfport.
8331 Mississippi 603 -- Begins on Mississippi 43 at or near Kiln 8332 and extends in a northerly direction to or near Necaise, all in 8333 Hancock County.
8334 Mississippi 604 -- Begins on U.S. 90 at or near the 8335 Mississippi-Louisiana state line and extends in a northeasterly 8336 direction to the Picayune-Bay St. Louis Road near Westonia, all in 8337 Hancock County.
8338 Mississippi 605 -- Begins on U.S. 90 at Cowan Road in 8339 Gulfport, thence in a northerly direction along Cowan and Lorraine 8340 Roads to I-10, thence continuing to relocated/reconstructed
8341 Mississippi 67, northwest to relocated Mississippi 67 at or near 8342 U.S. 49, all in Harrison County.
8343 Mississippi 606 -- Begins at the southern end of the Beach 8344 Highway in Hancock County, thence in a northeasterly direction 8345 across U.S. 90 to the northern end of Beach Highway.
8346 Mississippi 607 -- Begins on U.S. 90 west of Bay St. Louis 8347 and runs in a westerly and northwesterly direction to I-10 south
8348 of N.A.S.A., thence from the intersection with unnumbered state 8349 highway at Santa Rosa north of N.A.S.A. to a point on I-59 at or 8350 near Nicholson, all in Hancock County.
8351 Mississippi 609 -- Begins on U.S. 90 in Ocean Springs, thence 8352 north to I-10 and thence from the north end of the bridge over
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 337 (AJT\EW) 8353 Bayou Costapia and extends northerly along what is known as the 8354 Old Spanish Trail Highway to approximately three-tenths mile south 8355 of George-Jackson county line, all in Jackson County.
8356 Mississippi 611 -- Begins at the entrance to H.K. Porter 8357 Company, Inc., plant site in the Bayou Cassotte Industrial Area at 8358 Station 220-00, thence in a northerly direction for a distance of
8359 approximately four miles to intersect U.S. 90 at a point about one 8360 mile west of Kreole, thence westerly on U.S. 90 to intersect Chico 8361 Road, thence northerly on Chico Road and ends on Mississippi 613 8362 south of Moss Point, all in Jackson County to be designated as 8363 Mississippi 613.
8364 Mississippi 612 -- Begins on Mississippi 613 at or near 8365 Hathaway's Store, thence in an easterly direction to the
8366 Mississippi-Alabama state line, all in George County.
8367 Mississippi 613 -- Begins on U.S. 90 in Pascagoula, Jackson 8368 County, thence northerly via Call Town, Bigpoint, Hurley, 8369 Harleston and Agricola to Mississippi 198 at Lucedale, George 8370 County.
8371 Mississippi 614 -- Begins at Wade on Mississippi 63, thence 8372 in an easterly direction to or near Hurley, thence to the
8373 Mississippi-Alabama state line, all in Jackson County.
8374 Mississippi 615 -- An east Harrison County connector from 8375 U.S. 90 to I-10 to be located between the Cowan-Lorraine Road 8376 interchange and the I-110 interchange, thence northerly to 8377 relocated/reconstructed Mississippi 67.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 338 (AJT\EW) 8378 Mississippi 617 -- Begins at Litton Industries, Inc., between 8379 West Pascagoula River and East Pascagoula River in the City of 8380 Pascagoula and extends north to U.S. 90, all in Jackson County.
8381 Mississippi 618 -- Mississippi 613 Spur--Begins on 8382 Mississippi 613 in Moss Point and extends east to U.S. 90 at 8383 Orange Grove, Jackson County.
8384 Mississippi 619 -- Spur--Extends south to Naval Station, also 8385 known as Singing River Island Causeway, all in Jackson County.
8386 Mississippi 621 -- Begins I-10 and extends in a northerly 8387 direction to North Swan Road ending on U.S. 49 at or near Lyman, 8388 all in Harrison County.
8389 Mississippi 701 -- Begins at the intersection of U.S. 78 with 8390 Mulberry Street in the Town of Potts Camp, thence southwesterly
8391 along Mulberry Street to Front Street, thence southeasterly along 8392 Front Street to Ash Street, thence northerly to Mississippi 178, 8393 all in Marshall County.
8394 Mississippi 702 -- Mississippi 5 Spur--Begins on Mississippi 8395 7 and extends east to Michigan City, Benton County.
8396 Mississippi 703 -- Begins at or near Byhalia Cemetery on 8397 Mississippi 178 in the north part of the City of Byhalia, thence
8398 runs southeasterly down Main Street to Hood's Store on U.S. 78, 8399 all in Marshall County.
8400 Mississippi 704 -- Begins on Mississippi 7, thence in an 8401 easterly direction, approximately one-half mile to Lamar, Benton 8402 County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 339 (AJT\EW) 8403 Mississippi 705 -- Loop--All in the Town of Hickory Flat off 8404 Mississippi 178 in Benton County.
8405 Mississippi 706 -- Spur--Begins on U.S. 49E and extends west 8406 to Sidon, Leflore County.
8407 Mississippi 713 -- Mississippi 304 Spur--Extends 8408 southwesterly to or near Robinsonville, Tunica County, from
8409 Mississippi 304.
8410 Mississippi 714 -- Mississippi 3 Spur--Begins on Mississippi 8411 3 and extends west into Sledge, Quitman County.
8412 Mississippi 716 -- Mississippi 315 Spur--Begins on 8413 Mississippi 315 thence west to Quitman-Tunica county line.
8414 Mississippi 718 -- U.S. 51 Spur--Begins on U.S. 51 and 8415 extends west to Courtland, Panola County.
8416 Mississippi 720 -- I-55 Connection--Begins on I-55 and 8417 extends west to U.S. 51 between Courtland and Pope, Panola County.
8418 Mississippi 722 -- Spur--Begins on U.S. 51 and extends west 8419 to Pope, Panola County.
8420 Mississippi 723 -- Begins at a point on Mississippi 32 8421 approximately eight miles northwest of Bruce, Calhoun County, runs 8422 north of Gulf Interstate Gas Pumping Station.
8423 Mississippi 724 -- U.S. 51 Spur--Begins on U.S. 51 north of 8424 Oakland, Yalobusha County, and extends west into Enid, 8425 Tallahatchie County.
8426 Mississippi 725 -- Mississippi 6 Spur--Begins on Mississippi 8427 6 and extends north to Batesville, Panola County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 340 (AJT\EW) 8428 Mississippi 726 -- U.S. 49 Spur--Begins on U.S. 49 and 8429 extends south to Tutwiler, Tallahatchie County.
8430 Mississippi 727 -- Mississippi 32 Connection--Begins on 8431 Mississippi 32, Tallahatchie County, and extends east to U.S. 51 8432 in Oakland, Yalobusha County.
8433 Mississippi 728 -- U.S. 49E Spur--Begins on U.S. 49E and 8434 extends east into Sumner, Tallahatchie County.
8435 Mississippi 729 -- Begins on U.S. 51 and extends 8436 northeasterly to I-55, all in Grenada County.
8437 Mississippi 731 -- Mississippi 35 Connection--Begins on 8438 Mississippi 35 in South Kosciusko and extends north to Mississippi 8439 12, all in Attala County.
8440 Mississippi 732 -- Begins on Mississippi 35 approximately 8441 three and one-half miles south of Charleston, thence runs in an 8442 easterly direction to Camp Tallaha, Tallahatchie County.
8443 Mississippi 733 -- Begins at the junction of Old 8444 Taylor-Oxford Road with Mississippi 328 near the railroad overpass 8445 southwest of Taylor and extends in a northerly direction
8446 approximately one mile to an intersection in Taylor, Lafayette 8447 County.
8448 Mississippi 734 -- Spur--Begins on U.S. 49E and extends east 8449 into Glendora, Tallahatchie County.
8450 Mississippi 735 -- Mississippi 12 Loop--Begins on Mississippi 8451 12 and extends east and north to Mississippi 12 in Kosciusko, 8452 Attala County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 341 (AJT\EW) 8453 Mississippi 736 -- Begins on Mississippi 35 south of the 8454 Yockanookany River, then runs easterly through Williamsville to 8455 Mississippi 14, all in Attala County.
8456 Mississippi 737 -- Begins on Mississippi 178 at or near Red 8457 Banks, thence through the business district of Red Banks and ends 8458 on Mississippi 178, all in Marshall County.
8459 Mississippi 738 -- Mississippi 6 Connection--Begins on 8460 Mississippi 6 and extends west to Mississippi 334 in East Oxford, 8461 Lafayette County.
8462 Mississippi 739 -- Loop--Begins on Mississippi 12 and extends 8463 east and north through Ethel, Attala County, to Mississippi 12.
8464 Mississippi 741 -- Begins at a point at or near Gilliland 8465 Hill approximately five miles south of the corporate limits of the
8466 City of Kosciusko, Mississippi, thence runs in an easterly 8467 direction to Old Mississippi 35, thence in a northerly direction 8468 to Texas Eastern Pumping Station, all in Attala County.
8469 Mississippi 743 -- Spur--Begins on U.S. 82 in South Greenwood 8470 at U.S. 49E and extends north, all in Leflore County.
8471 Mississippi 744 -- Spur--Begins on U.S. 82 in East Greenwood 8472 and extends west on East Stone Street, all in Leflore County.
8473 Mississippi 745 -- Mississippi 182 Connection--Begins on 8474 Mississippi 182 and extends southeast to Mississippi 413 in the 8475 Town of Kilmichael, all in Montgomery County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 342 (AJT\EW) 8476 Mississippi 747 -- That portion of Getwell Road from the 8477 Mississippi-Tennessee state line south to its intersection with 8478 Church Road, all in DeSoto County.
8479 Mississippi 758 -- Mississippi 25 Connection--Begins on 8480 Mississippi 25 and extends southwest .310 mile to a local road.
8481 Mississippi 759 -- Mississippi 12 Loop--Begins on Mississippi 8482 12 and extends east and north to Mississippi 12 through Ackerman, 8483 all in Choctaw County.
8484 Mississippi 760 -- Mississippi 25 Connection--Begins on 8485 Mississippi 25 south of Belmont and extends east to Golden as 8486 Mississippi 366, all in Tishomingo County.
8487 Mississippi 761 -- Mississippi 178 Spur--Begins on 8488 Mississippi 178 and extends north to Myrtle, all in Union County.
8489 Mississippi 762 -- Mississippi 15 Spur--Begins on Mississippi 8490 15 and extends west to Ingomar, Union County.
8491 Mississippi 763 -- U.S. 82 Connection--Begins on U.S. 82 and 8492 extends northwest to Mississippi 15 in Maben, Oktibbeha County.
8493 Mississippi 764 -- Mississippi 9 Spur--Begins on Mississippi 8494 9 in Blue Springs, Union County, and extends north.
8495 Mississippi 765 -- Begins at the Natchez Trace Parkway, runs 8496 thence easterly for a distance of approximately 2,800 feet to or 8497 near Bland's Store, in the Village of Cumberland, all in Webster 8498 County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 343 (AJT\EW) 8499 Mississippi 766 -- Begins in the Town of Saltillo at 8500 Mississippi 363, and runs in a northerly direction to the 8501 intersection of Mississippi 145, all in Lee County.
8502 Mississippi 767 -- Begins at the intersection of Ridgeroad 8503 and Mississippi 25, Tishomingo County, thence southeasterly along 8504 Ridgeroad to the Mississippi-Alabama state line, Itawamba County.
8505 Mississippi 768 -- Begins on Mississippi 15 south of 8506 Ackerman, thence in an easterly direction past Choctaw Lake to the 8507 4-H Club Picnic Grounds. This includes a spur past the clubhouse 8508 and ends at the picnic grounds, all in Choctaw County.
8509 Mississippi 769 -- Begins at or near the south corporate 8510 limits of Tupelo and extends over Old U.S. 45, proceeds to Green 8511 Street in Tupelo, through Tupelo on Green Street to the
8512 intersection of Green Street and Mississippi 145 near the north 8513 corporate limits of Tupelo, all in Lee County.
8514 Mississippi 770 -- Connection--Begins on Mississippi 15 and 8515 extends west to the intersection of Mississippi 6 and 9 in the 8516 Town of Pontotoc, all in Pontotoc County.
8517 Mississippi 772 -- Mississippi 15 Spur--Begins on Mississippi 8518 15 and extends west to Algoma, Pontotoc County.
8519 Mississippi 773 -- Commences at the intersection of Center 8520 Road and Mississippi 2 and extends northeasterly along Center Road 8521 for about two miles to its intersection with Peoples Farm to 8522 Market Road, all in Tippah County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 344 (AJT\EW) 8523 Mississippi 774 -- U.S. 45 Connection--Begins on U.S. 45 and 8524 extends east to Mississippi 6 in the Town of Nettleton, Lee/Monroe 8525 County.
8526 Mississippi 775 -- Mississippi 12 Spur--Begins on Mississippi 8527 12 and extends east at Mississippi State University in Starkville 8528 on Old Mississippi 12, all in Oktibbeha County.
8529 Mississippi 776 -- Begins at the intersection of Old 8530 Mississippi 6 and new Mississippi 6, thence runs northeast along 8531 Old Mississippi 6 to its intersection with Mississippi 371, all in 8532 Monroe County.
8533 Mississippi 777 -- Begins at or near the southern boundary of 8534 the Town of Walnut at or near the intersection of old and new 8535 Mississippi 15, follows the route of Old Mississippi 15, and runs
8536 through the business section of Walnut and in a northerly 8537 direction to intersect U.S. 72, all in Tippah County.
8538 Mississippi 778 -- Begins at U.S. 78 in Section 22, Township 8539 8 South, Range 4 East, thence in a southeasterly direction in the 8540 vicinity of Old U.S. 78 to intersect U.S. 78, or Mississippi 9, at
8541 or near Sherman.
8542 Mississippi 779 -- Spur--Begins on U.S. 72 and extends north 8543 to Glen, Alcorn County.
8544 Mississippi 781 -- Mississippi 50 Spur--Begins on Mississippi 8545 50 near Cedar Bluff and extends to State Lime Plant, all in Clay 8546 County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 345 (AJT\EW) 8547 Mississippi 782 -- Mississippi 15 Connection--Begins on 8548 Mississippi 15 and extends west in Mantee, Webster County.
8549 Mississippi 784 -- Mississippi 9 Loop--Begins on Mississippi 8550 9 and extends east and north across Mississippi 50 and back to 8551 Mississippi 9 in the Town of Walthall, Webster County.
8552 Mississippi 785 -- U.S. 72 Spur--Begins on U.S. 72 in Corinth 8553 and extends north on Davis Street and Cass Street to Wick Street, 8554 all in Alcorn County.
8555 Mississippi 786 -- Begins at a point on U.S. 45, and runs 8556 west at distance of approximately 1.27 miles to the Columbus Air 8557 Force Base, all in Lowndes County.
8558 Mississippi 788 -- U.S. 45A Spur--Begins on U.S. 45A and 8559 extends east to Artesia, Lowndes County.
8560 Mississippi 789 -- Begins on U.S. 82 and extends 8561 southeasterly along Airport Road and Industrial Park Road to 8562 Artesia Road, thence northeasterly along Artesia Road to U.S. 45.
8563 Mississippi 790 -- Mississippi 9 Connection--Begins on 8564 Mississippi 9 and extends northeast to Mississippi 15 north of
8565 Ackerman, Choctaw County.
8566 Mississippi 792 -- Begins on U.S. 45 and extends easterly 8567 along Carson Road, for a distance of approximately four and 8568 one-half miles to the new Weyerhauser Road, Lowndes County, thence 8569 continues south to Mississippi 388 in Noxubee County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 346 (AJT\EW) 8570 Mississippi 793 -- Mississippi 30 Spur--Begins on Mississippi 8571 30 west of Tishomingo and extends north to Paden, Tishomingo 8572 County.
8573 Mississippi 795 -- Mississippi Economic and Community 8574 Development Highway Project No. DECD-0044(19)B located from Eka 8575 Chemical Plant entrance on Nashville Ferry Road located in Section
8576 11, Township 19 South, Range 18 West, northerly along Nashville 8577 Ferry Road until it intersects with Pickensville Road, thence 8578 northerly along Pickensville Road (existing and relocated) until 8579 it intersects with Yorkville Road, thence east along Yorkville 8580 Road to U.S. 69 located in Section 26, Township 18 South, Range 18 8581 West, for a total length of 4.419 miles.
8582 Mississippi 801 -- Begins on Mississippi 27 north of Crystal 8583 Springs, Copiah County, thence north to Copiah-Hinds county line. 8584 This was Old U.S. 51.
8585 Mississippi 802 -- U.S. 61 Spur--Begins on U.S. 61 and 8586 extends northwest into the Town of Alligator, Bolivar County.
8587 Mississippi 804 -- Mississippi 1 Loop--A loop on Mississippi 8588 1 at Gunnison, Bolivar County.
8589 Mississippi 806 -- Begins at the intersection of the south 8590 end of new U.S. 49W bypass just south of Isola, thence into Isola 8591 to the north end of U.S. 49 bypass, Humphreys County.
8592 Mississippi 808 -- Begins on U.S. 61 in Port Gibson, thence 8593 west to Market Street, thence in a northeasterly direction along
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 347 (AJT\EW) 8594 Market Street, thence to U.S. 61 approximately three-fourths mile 8595 north of Port Gibson, all in Claiborne County.
8596 Mississippi 809 -- Industrial access road from the port and 8597 industrial area to U.S. 82 in Greenville, Washington County.
8598 Mississippi 810 -- Spur--Begins on U.S. 49W and extends west 8599 to Sunflower, Sunflower County.
8600 Mississippi 812 -- Spur--Begins on U.S. 49W and extends north 8601 into Ruleville, Sunflower County.
8602 Mississippi 814 -- Begins on Mississippi 1 north of 8603 Greenville and extends south to north corporate limits of 8604 Greenville as Old Mississippi 1 Business Route, thence extends 8605 along North Broadway Street in a southerly direction, to the 8606 intersection of U.S. 82 and the south corporate limits of
8607 Greenville, thence runs easterly to Mississippi 1, all in 8608 Washington County.
8609 Mississippi 816 -- Mississippi 149 Spur--Begins on 8610 Mississippi 149 and extends west to Inverness, Sunflower County.
8611 Mississippi 817 -- Mississippi 8 Spur--Begins at Pace and 8612 extends north to Mississippi 8, all in Bolivar County.
8613 Mississippi 818 -- U.S. 49E Spur--Begins on U.S. 49E and 8614 extends west to Cruger, Holmes County.
8615 Mississippi 819 -- Begins on Mississippi 548 in Hermanville, 8616 thence extends northward to Mississippi 18 at Hermanville, 8617 Claiborne County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 348 (AJT\EW) 8618 Mississippi 820 -- Spur--Begins on U.S. 49W and extends west 8619 to Drew, Sunflower County.
8620 Mississippi 822 -- Begins four-tenths mile west of the 8621 intersection of I-20 and U.S. 80 on West Street and extends east 8622 approximately six and two-tenths miles, all in Warren County.
8623 Mississippi 824 -- U.S. 61 Spur--Begins on U.S. 61 and 8624 extends west in Anguilla, Sharkey County.
8625 Mississippi 826 -- Begins at a point on Mississippi 14 8626 approximately one mile west of Rolling Fork and runs south to U.S. 8627 61 south of Rolling Fork, all in Sharkey County.
8628 Mississippi 828 -- U.S. 49E Spur--Begins on U.S. 49E and 8629 extends west to Yazoo City, Yazoo County.
8630 Mississippi 830 -- U.S. 49 Loop--Begins on U.S. 49 and 8631 extends east and north to U.S. 49 at and in Bentonia, Yazoo 8632 County.
8633 Mississippi 832 -- Connection--Begins on U.S. 49W and extends 8634 into Doddsville, Sunflower County.
8635 Mississippi 834 -- A truck route from Harbor Industrial Park 8636 to U.S. 61 north, Warren County.
8637 Mississippi 835 -- Spur--Begins on U.S. 49E and extends north 8638 to Tchula, Holmes County.
8639 Mississippi 844 -- U.S. 51 Loop--Begins at I-55 south of 8640 Crystal Springs and extends east across U.S. 51 and north to U.S. 8641 51 in Crystal Springs, all in Copiah County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 349 (AJT\EW) 8642 Mississippi 848 -- Spur--Begins on U.S. 51 in Beauregard and 8643 extends south on North Street, all in Copiah County.
8644 Mississippi 850 -- A route from the Wesson Campus of 8645 Copiah-Lincoln Junior College directly to U.S. 51, all in Copiah 8646 County.
8647 Mississippi 852 -- U.S. 45A Loop--Begins on U.S. 45A in 8648 Brooksville and extends south and east to U.S. 45 at Brooksville, 8649 all in Noxubee County.
8650 Mississippi 853 -- Begins at the point where Mississippi 16 8651 intersects the gravel road and runs along Sections 35 and 36, 8652 Township 11 North, Range 12 East, Neshoba County, and runs south 8653 along the section lines between Sections 35 and 36 and between 8654 Sections 1 and 2, Township 10 North, Range 12 East, to the
8655 intersection of the gravel road with Mississippi 486, all in 8656 Neshoba County.
8657 Mississippi 854 -- Begins at its intersection with 8658 Mississippi 39 at or near Lizelia and extends easterly 8659 approximately three and one-half miles to the United States Naval
8660 Auxiliary Air Station, Lauderdale County. The Transportation 8661 Commission shall maintain, construct, take over and assume
8662 jurisdiction of such highway in the same manner and subject to the 8663 same conditions as set out in Sections 65-1-75 and 65-3-3. Such 8664 highway shall remain under the jurisdiction of the Transportation 8665 Commission for as long as the highway is used to provide access to
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 350 (AJT\EW) 8666 the United States Naval Auxiliary Air Station or to any other 8667 United States government facility.
8668 Mississippi 855 -- Mississippi 890 Connection--Between 8669 Mississippi 890 in Bolton and I-20 north of Bolton, Hinds County.
8670 Mississippi 878 -- Mississippi 35 Connection--Begins on 8671 Mississippi 35 and extends east and north to Mississippi 35 in
8672 Walnut Grove, Leake County.
8673 Mississippi 881 -- U.S. 80 Connection--Begins on U.S. 80 west 8674 of Newton and extends southeast approximately two-tenths mile, all 8675 in Newton County.
8676 Mississippi 882 -- Loop--Begins on Mississippi 35 and extends 8677 west and north to Mississippi 35 at Harperville, Scott County.
8678 Mississippi 883 -- Spur--Begins on U.S. 80 and extends south 8679 on Decatur Street, Newton County. Was Old Mississippi 15.
8680 Mississippi 884 -- U.S. 45 Spur--Begins on U.S. 45 and 8681 extends south toward Marion, Lauderdale County.
8682 Mississippi 885 -- Mississippi 16 Connection--Begins on 8683 Mississippi 16 west of Philadelphia and extends northwest to
8684 intersect with Mississippi 15, all in Neshoba County.
8685 Mississippi 886 -- Begins at the intersection of I-55 in the 8686 Town of Ridgeland thence runs in an easterly direction to U.S. 51 8687 and Jackson Avenue, all in Madison County.
8688 Mississippi 888 -- Mississippi 13 Spur--Begins on Mississippi 8689 13 and extends west at Roosevelt State Park south of Morton, Scott 8690 County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 351 (AJT\EW) 8691 Mississippi 889 -- I-20 Connection--Begins at the junction of 8692 U.S. 80 and Adams Street in Chunky, thence north to I-20, all in 8693 Newton County.
8694 Mississippi 890 -- U.S. 80 Connection--Frontage Road 8695 Connection at Bolton, Hinds County.
8696 Mississippi 892 -- Mississippi 35 Spur--Begins on Mississippi 8697 35 and extends east to Homewood, Scott County.
8698 Mississippi 894 -- Begins on Mississippi 19 south of 8699 Philadelphia near the Neshoba County Hospital and extends in a 8700 northeasterly direction to intersect present Mississippi 482 about 8701 one and three-tenths miles north of its intersection with 8702 Mississippi 16.
8703 Mississippi 895 -- Begins at road intersection with U.S. 11 8704 and 80 near the center of Section 26, Township 7 North, Range 17 8705 East, thence northwesterly, northeasterly and southeasterly 8706 through Sections 23, 24, 25 and 26 to intersection of U.S. 11 and 8707 U.S. 80 in the northeast quarter of the southeast quarter of 8708 Section 25, Township 7 North, Range 17 East, Lauderdale County.
8709 Mississippi 897 -- Begins on Mississippi 496 in Section 11 8710 and continues through Section 13, all in Township 6 North, Range
8711 18 East, to the Mississippi-Alabama state line.
8712 Mississippi 902 -- Mississippi 35 Connection--Begins on 8713 Mississippi 35 at Lorena and extends southwest to Mississippi 481 8714 at Burns, all in Smith County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 352 (AJT\EW) 8715 Mississippi 903 -- Begins on U.S. 84 approximately three 8716 miles west of Monticello, thence runs in a northerly direction to 8717 Lake Mary Crawford, all in Lawrence County.
8718 Mississippi 904 -- Begins at Lake Lincoln Road, Lincoln 8719 County, proceeds easterly to Mississippi 27 at or near Wanilla, 8720 Lawrence County.
8721 Mississippi 905 -- Begins at the intersection of Adams Road 8722 with U.S. 51, thence west to Wardlaw Road, and thence continues 8723 north to Mississippi 24, all in Pike County.
8724 Mississippi 906 -- Begins on U.S. 51 in Summit and runs in an 8725 easterly direction to intersect Mississippi 570, all in Pike 8726 County.
8727 Mississippi 908 -- A route providing direct access from the 8728 interchange at I-55 at or near Summit to Southwest Community 8729 College, all in Pike County.
8730 Mississippi 911 -- Begins on Mississippi 24, now Mississippi 8731 33 in South Gloster, and extends northwest on Kahnville Road, 8732 Amite County.
8733 Mississippi 913 -- Spur--Begins on Mississippi 24, now 8734 Mississippi 33 in East Gloster, and extends west to Liberty Road,
8735 Amite County.
8736 Mississippi 915 -- Mississippi 42 and Mississippi 43 8737 Connection--Begins on Jones Street and runs between Mississippi 43 8738 and Mississippi 42, in the Town of New Hebron, Lawrence County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 353 (AJT\EW) 8739 Mississippi 917 -- Mississippi 18 Loop--Begins at the 8740 intersection of Mississippi 18 at or near the Sylvarena Masonic 8741 Lodge and makes what is known as the Sylvarena Loop, coming back 8742 into Mississippi 18 at or near the residence of Will Houston, all 8743 in Smith County.
8744 Mississippi 923 -- Mississippi 584 Spur--Begins on 8745 Mississippi 584 in the southeast corner of Amite County east of 8746 Gillsburg and extends southeast to the Louisiana-Mississippi state 8747 line.
8748 Mississippi 927 -- Spur--Begins on Mississippi 906 east of 8749 Summit and extends north to Southwest Community College, Pike 8750 County.
8751 Mississippi 928 -- U.S. 65 Spur--Begins on U.S. 65 in Natchez 8752 and extends north on Homochitto Street, Adams County.
8753 Mississippi 930 and 932 -- Begin on U.S. 61 North in Adams 8754 County, in the vicinity of the weighing scales and proceed 8755 therefrom to the intersection of Melrose Avenue and East Franklin 8756 Street.
8757 Mississippi 937 -- U.S. 84 Spur--Begins on U.S. 84 in south 8758 Prentiss and extends north on Columbia Avenue to the railroad
8759 crossing, all in Jefferson Davis County.
8760 Mississippi 938 -- Begins at the northwest corner of new 8761 Mississippi Department of Transportation * * * District Office 8762 site and extends easterly to U.S. 51 approximately forty-five
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 354 (AJT\EW) 8763 one-hundredths mile north of the north corporate limits of the 8764 City of McComb, Pike County.
8765 Mississippi 946 -- Mississippi 24 Spur--Begins on Mississippi 8766 24, now Mississippi 33, Amite County, and extends northwest to 8767 Centreville, Wilkinson County.
8768 Mississippi 952 -- Mississippi 513 Spur--Begins on 8769 Mississippi 513 and extends north to U.S. 11 in Enterprise, Clarke 8770 County.
8771 Mississippi 967 -- U.S. 49 Spur--Begins on Mississippi 42 in 8772 north Hattiesburg and extends south on Main Street, all in Forrest 8773 County.
8774 Mississippi 969 -- Spur--Begins on U.S. 49 approximately 2.84 8775 miles south of U.S. 11, and extends north on Edwards Street
8776 approximately .83 miles, all in Hattiesburg, Forrest County.
8777 Mississippi 992 -- Mississippi 43 Spur--Begins on Mississippi 8778 43 northwest of Picayune and extends south to Picayune, Pearl 8779 River County.
8780 SECTION 186. Section 65-3-34, Mississippi Code of 1972, is 8781 amended as follows: 8782 65-3-34. The Mississippi Department of Transportation shall
8783 construct and reconstruct to department design standards four (4) 8784 lanes for traffic on and along Mississippi Highway 552 in 8785 Jefferson and Claiborne Counties beginning at its intersection 8786 with United States Highway 61 in Jefferson County and extending to 8787 Alcorn State University in Claiborne County. The Mississippi
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 355 (AJT\EW) 8788 Department of Transportation * * * shall also construct an 8789 interchange at the intersection of newly constructed Mississippi 8790 Highway 552 and United States Highway 61. Such highway and 8791 interchange shall be under the jurisdiction of the Mississippi
8792 Department of Transportation * * * for construction and 8793 maintenance and, together with the highways designated in Sections
8794 65-3-3 and 65-3-5, and all other laws adding links to the state 8795 designated highway system, are declared to be the State Highway 8796 System of Mississippi.
8797 SECTION 187. Section 65-3-39, Mississippi Code of 1972, is 8798 amended as follows: 8799 65-3-39. (1) U.S. Highway 45 within the State of 8800 Mississippi is hereby designated as "The Veterans' Memorial
8801 Highway" in honor of and in genuine gratitude and appreciation for 8802 the contributions made by veterans of this state in the defense of 8803 and service to this country, excluding, however, that portion from 8804 Baldwyn in Lee County to Nettleton in Lee County previously 8805 designated as the "David Williams Robins Highway" by Chapter 300,
8806 Laws of 1954. The * * * Mississippi Department of Transportation 8807 is hereby authorized and empowered to allow the erection on the
8808 highway rights-of-way of suitable monuments and markers as 8809 prescribed and provided by the veterans' organizations within the 8810 state. 8811 (2) Upon the completion of the corridor through the eastern 8812 part of the state from Tennessee to the Gulf of Mexico as
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 356 (AJT\EW) 8813 authorized by Chapter 484, Laws of 1972, said new corridor shall 8814 be designated as "The Veterans' Memorial Highway" in appreciation
8815 for the services of veterans to this state and the * * * 8816 Mississippi Department of Transportation is hereby authorized and 8817 empowered to allow the erection on the highway rights-of-way 8818 suitable monuments and markers as prescribed and provided by the
8819 veterans' organizations within the state and the designation of 8820 old U.S. Highway 45 as "the Veterans' Memorial Highway" shall be 8821 abandoned.
8822 SECTION 188. Section 65-3-51, Mississippi Code of 1972, is 8823 amended as follows:
8824 65-3-51. The * * * Mississippi Department of Transportation 8825 is hereby directed to designate the bridge located at the
8826 interchange of U.S. Highway 61 and U.S. Highway 82 in Leland, 8827 Mississippi, as the "Donnie Gene Kelley Memorial Bridge" and to 8828 place appropriate markers at each end of the bridge.
8829 SECTION 189. Section 65-3-71.10, Mississippi Code of 1972, 8830 is amended as follows:
8831 65-3-71.10. The * * * Mississippi Department * * * of 8832 Transportation shall erect appropriate signs on and along all
8833 highways leading northerly from the Mississippi Gulf Coast 8834 designating such highways as hurricane evacuation routes.
8835 SECTION 190. Section 65-3-97, Mississippi Code of 1972, is 8836 amended as follows:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 357 (AJT\EW) 8837 65-3-97. (1) In addition to and including all other 8838 highways designated as a part of the state highway system, there 8839 is hereby designated as a part thereof a four-lane highway system 8840 to connect various areas of the state with interstate and primary 8841 highways. For the segments described in subsection (3) of this 8842 section, the Mississippi Department of Transportation shall
8843 construct and reconstruct four-lane highways, that is, not less 8844 than two (2) lanes for traffic flowing in each direction, along 8845 the routes designated in this section. 8846 (2) In the construction and reconstruction of the four-lane 8847 highway system designated in subsection (3) of this section, the 8848 Mississippi Department of Transportation may utilize the roadway 8849 of any existing highway under its jurisdiction and control and
8850 shall do so when such utilization is feasible, provided that such 8851 highways which are utilized shall be constructed to current 8852 standards for such roadways. When it is not feasible to utilize 8853 existing designated highways, the Mississippi Department of
8854 Transportation * * * shall relocate such highways and construct 8855 entirely new facilities whether in urban or rural areas. 8856 (3) Construction of the four-lane highway system designated
8857 in this subsection shall commence, proceed and be performed by the 8858 Mississippi Department of Transportation strictly in accordance 8859 with the following set of priorities established for the letting 8860 of contracts on and along various segments thereof:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 358 (AJT\EW) 8861 (a) Of the following group of highway segments not less 8862 than fifteen percent (15%) of all contracts necessary to be let 8863 for completion of all segments within the group shall be let by 8864 June 30, 1988, not less than thirty percent (30%) of such 8865 contracts shall be let by June 30, 1989, not less than fifty 8866 percent (50%) of such contracts shall be let by June 30, 1990, not
8867 less than seventy percent (70%) of such contracts shall be let by 8868 June 30, 1991, not less than ninety percent (90%) of such 8869 contracts shall be let by June 30, 1992, and one hundred percent 8870 (100%) of such contracts shall be let by June 30, 1993: 8871 (i) Highway segments along or near U.S. 45 8872 beginning at the Clarke/Lauderdale county line and extending 8873 northerly to I-59; then beginning at Macon and extending northerly
8874 to Brooksville; then beginning at Columbus Air Force Base and 8875 extending northerly to Aberdeen; then beginning at U.S. 278 and 8876 extending northerly to Shannon; then beginning at Saltillo and 8877 extending northerly to Corinth. 8878 (ii) Highway segments along or near U.S. 45A
8879 beginning at U.S. 82 and extending northerly to West Point; then 8880 beginning four (4) miles south of Okolona and extending northerly
8881 to Shannon. 8882 (iii) A highway segment along or near U.S. 49W 8883 beginning at U.S. 49 and extending westerly through Yazoo City to 8884 the Yazoo River.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 359 (AJT\EW) 8885 (iv) A highway segment along or near U.S. 49W 8886 beginning at Inverness and extending northerly to Indianola. 8887 (v) A highway segment along or near U.S. 61 8888 beginning at Port Gibson and extending northerly to the four-lane 8889 south of Vicksburg. 8890 (vi) Highway segments along or near U.S. 72
8891 beginning at or near Mt. Pleasant and extending southeasterly to 8892 Mississippi 5; then beginning at Walnut and extending 8893 southeasterly to Corinth; then beginning at Strickland and 8894 extending southeasterly to Burnsville. 8895 (vii) Highway segments along or near U.S. 78 8896 beginning at Holly Springs and extending southeasterly to the New 8897 Albany bypass; then beginning at Mississippi 25 and extending
8898 southeasterly to Tremont. 8899 (viii) Highway segments along or near U.S. 82 8900 beginning at I-55 and extending easterly to Kilmichael; then 8901 beginning at Eupora and extending easterly to Mathiston; then 8902 beginning at Mississippi 12 and extending easterly to the Alabama
8903 state line. 8904 (ix) A highway segment along or near U.S. 84
8905 beginning at I-59 and extending easterly to the Jones/Wayne county 8906 line. 8907 (x) Highway segments along or near U.S. 98 8908 beginning at Columbia and extending easterly to the Marion/Lamar
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 360 (AJT\EW) 8909 county line; then beginning at U.S. 49 and extending southeasterly 8910 to the Alabama state line. 8911 (b) Of the following group of highway segments not less 8912 than five percent (5%) of all contracts necessary to be let for 8913 completion of all segments within the group shall be let by June 8914 30, 1991, not less than ten percent (10%) of such contracts shall
8915 be let by June 30, 1992, not less than twenty-five percent (25%) 8916 of such contracts shall be let by June 30, 1993, not less than 8917 forty percent (40%) of such contracts shall be let by June 30, 8918 1994, not less than fifty-five percent (55%) of such contracts 8919 shall be let by June 30, 1995, not less than seventy percent (70%) 8920 of such contracts shall be let by June 30, 1996, not less than 8921 eighty-five percent (85%) of such contracts shall be let by June
8922 30, 1997, and one hundred percent (100%) of such contracts shall 8923 be let by June 30, 1998: 8924 (i) Highway segments along or near Mississippi 25 8925 beginning at Mississippi 471 and extending northeasterly to 8926 Mississippi 43; then beginning at the Winston/Oktibbeha county
8927 line and extending northeasterly to Starkville. 8928 (ii) A highway segment along or near Mississippi
8929 63 beginning at the Jackson/George county line and extending 8930 northerly to Lucedale. 8931 (iii) A highway segment along or near Mississippi 8932 302 beginning at I-55 in Southaven and extending easterly to U.S. 8933 72 at or near Mt. Pleasant.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 361 (AJT\EW) 8934 (iv) Highway segments along or near U.S. 45 8935 beginning at the Alabama state line and extending northerly to the 8936 Clarke/Lauderdale county line; then beginning at Lauderdale and 8937 extending northerly to Macon; then beginning at Aberdeen and 8938 extending northerly to U.S. 278. 8939 (v) A highway segment along or near U.S. 45A
8940 beginning at West Point and extending northerly to four (4) miles 8941 south of Okolona. 8942 (vi) A highway segment beginning at Brooksville 8943 along or near U.S. 45 or U.S. 45A and extending northerly to U.S.
8944 82 * * *. 8945 (vii) A highway segment along or near U.S. 49W 8946 beginning at the Yazoo River and extending northerly to Inverness.
8947 (viii) Highway segments along or near U.S. 61 8948 beginning at the Louisiana state line and extending northerly to 8949 the Wilkinson/Adams county line; then beginning at Washington and 8950 extending northerly to Port Gibson; then beginning at Merigold and 8951 extending northerly to Shelby; then beginning at the north end of
8952 the Clarksdale bypass and extending northerly to the Tennessee 8953 state line.
8954 (ix) A highway segment along or near U.S. 72 8955 beginning at Mississippi 5 and extending southeasterly to Walnut. 8956 (x) A highway segment along or near U.S. 78 8957 beginning at Tremont and extending southeasterly to the Alabama 8958 state line.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 362 (AJT\EW) 8959 (xi) Highway segments along or near U.S. 82 8960 beginning at the Montgomery/Webster county line and extending 8961 easterly to Eupora; then beginning at Mathiston and extending 8962 easterly to Starkville. 8963 (xii) Highway segments along or near U.S. 84 8964 beginning at Leesdale and extending easterly to Roxie; then
8965 beginning at Auburn Road and extending easterly to I-55; then 8966 beginning at the east end of the Brookhaven bypass and extending 8967 easterly to Prentiss; then beginning at the Jones/Covington county 8968 line and extending easterly to Horse Creek; then beginning at the 8969 Jones/Wayne county line and extending easterly to Waynesboro. 8970 (xiii) Highway segments along or near U.S. 98 8971 beginning at the Pike/Walthall county line and extending easterly
8972 to Columbia; then beginning at the Marion/Lamar county line and 8973 extending easterly to the four-lane west of Hattiesburg. 8974 (c) Of the following group of highway segments not less 8975 than ten percent (10%) of all contracts necessary to be let for 8976 completion of all segments within the group shall be let by June
8977 30, 1996, not less than twenty percent (20%) of such contracts 8978 shall be let by June 30, 1997, not less than forty percent (40%)
8979 of such contracts shall be let by June 30, 1998, and one hundred 8980 percent (100%) of such contracts shall be let by June 30, 1999: 8981 (i) A highway segment along or near Mississippi 25 8982 beginning at Mississippi 43 and extending northeasterly to the 8983 Winston/Oktibbeha county line.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 363 (AJT\EW) 8984 (ii) A highway segment along or near Mississippi 8985 63 beginning at Lucedale and extending northerly to U.S. 45 at 8986 State Line. 8987 (iii) A highway segment along or near U.S. 61 8988 beginning at Shelby and extending northerly to U.S. 49. 8989 (iv) A highway segment along or near U.S. 82
8990 beginning at Kilmichael and extending easterly to the 8991 Montgomery/Webster county line. 8992 (v) Highway segments along or near U.S. 84 8993 beginning at Eddiceton and extending easterly to Auburn Road; then 8994 beginning at Prentiss and extending easterly to Collins; then 8995 beginning at Waynesboro and extending easterly to the Alabama 8996 state line.
8997 (4) (a) The Mississippi Department of Transportation shall 8998 construct and reconstruct four-lane highways, that is, not less 8999 than two (2) lanes for traffic flowing in each direction along the 9000 following routes: 9001 (i) Highway segments along or near Mississippi 15
9002 beginning at I-10 and extending northerly to the 9003 Mississippi/Tennessee state line.
9004 (ii) A highway segment along or near Mississippi 6 9005 beginning at or near U.S. 61 and extending easterly to or near 9006 I-55 at or near Batesville.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 364 (AJT\EW) 9007 (iii) A highway segment along or near Mississippi 9008 6 beginning at or near Mississippi 9 and extending easterly to 9009 U.S. 45. 9010 (iv) A highway segment along or near Mississippi 9011 25 beginning at or near U.S. 45 and extending northerly to or near 9012 Iuka, and the portion of such segment that is described in Section
9013 65-3-137 shall be constructed in compliance with such section. 9014 (v) A highway segment along or near Mississippi 43 9015 beginning at or near the Stennis Airport and extending northerly 9016 and northwesterly to the Hancock/Pearl River county line. 9017 (b) (i) Contracts for the highway segments designated 9018 in this subsection and subsection (5) of this section may be let 9019 after the letting of all contracts necessary for completion of the
9020 highway segments designated in subsection (3) of this section; 9021 however, contracts for the highway segments described in this 9022 subsection may be let concurrently with the letting of contracts 9023 for highway segments designated in subsection (3) of this section 9024 if funds are available and are not necessary to be utilized for
9025 the segments designated in subsection (3) of this section. 9026 (ii) Contracts for highway segments designated in
9027 this subsection shall have priority over contracts for highway 9028 segments that have the same level of service in any priority 9029 schedule adopted by the Mississippi Department of
9030 Transportation * * * under subsection (5) of this section.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 365 (AJT\EW) 9031 (iii) It is the intention of the Legislature that 9032 no contracts for highway segments in subsections (4) and (5) of 9033 this section may be let before all highway segments under 9034 subsection (3) of this section have been let for contract. 9035 (c) In the construction and reconstruction of the 9036 four-lane highway segments designated in this subsection, the
9037 Mississippi Department of Transportation may utilize the roadway 9038 of any existing highway under its jurisdiction and control and 9039 shall do so when such utilization is feasible, provided that such 9040 highways which are utilized shall be constructed to current 9041 standards for such roadways. When it is not feasible to utilize 9042 existing designated highways, the Mississippi Department of
9043 Transportation * * * shall relocate such highways and construct 9044 entirely new facilities whether in urban or rural areas. 9045 (5) (a) (i) The Mississippi Department of
9046 Transportation * * * shall construct, upgrade or improve the 9047 segments described in paragraphs (f), (g) and (h) of this 9048 subsection, the projects described in Section 65-39-1 and other
9049 highway construction under its jurisdiction, in accordance with a 9050 priority schedule based upon a needs analysis performed by the
9051 Mississippi Department of Transportation. The priority schedule 9052 shall be reviewed annually by the Mississippi Department of 9053 Transportation to determine if the priority schedule is in need of 9054 revision. The analytic methods and procedures utilized by the 9055 Mississippi Department of Transportation to perform the needs
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 366 (AJT\EW) 9056 analysis shall conform to current standards and practices of the 9057 transportation sciences and industry as promulgated in appropriate 9058 documentation of the United States Department of Transportation, 9059 the Transportation Research Board, the American Association of 9060 Highway and Transportation Officials, and other recognized and 9061 relevant bodies. Such conforming methodologies shall be applied
9062 utilizing considerations appropriate to the specific situation and 9063 may include capacity analysis, traffic counting, traffic 9064 projection, cost estimation, benefit-cost analysis, user cost 9065 analysis, land use projections and similar analyses and 9066 projections, so that all analyses are completed with the best 9067 tools available at the time of the analysis. The Mississippi
9068 Department of Transportation * * * may establish and publish 9069 standards for setting the priorities and in so doing shall 9070 consider other factors, not in violation of federal law, as
9071 the * * * department may consider relevant, including, but not 9072 limited to, economic development, safety and highways that may 9073 serve as hurricane evacuation routes. The first determinant for
9074 construction of highway segments shall be the year of need. "Year 9075 of need" for purposes of this section is the year in which the
9076 level of service on a segment is projected to deteriorate to an 9077 unacceptable level. For segments with the same year of need, 9078 prioritization shall be based on the volume to capacity ratio and
9079 the daily traffic volume. In the event that the * * * department 9080 deviates from the recommended priorities presented through the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 367 (AJT\EW) 9081 needs analysis, the * * * department shall * * * provide written 9082 specific reasons for the deviation * * *. The priority schedule 9083 shall reflect immediate needs which shall be construction, 9084 upgrades and improvements to the state highway system needed over 9085 a five-year period based upon the criteria established in this 9086 paragraph which shall be reviewed annually by the Mississippi
9087 Department of Transportation. The priority schedule shall project 9088 mid-range needs which shall include highway corridors that are 9089 projected to reach an unacceptable level of service within ten 9090 (10) years after each annual review of the priority schedule. The 9091 priority schedule shall project long-range needs which shall 9092 include highway corridors that are projected to reach an 9093 unacceptable level of service ten (10) years or more after each
9094 annual review of the priority schedule. 9095 (ii) Notwithstanding any other provisions of this 9096 section to the contrary, projects for the construction, 9097 reconstruction, improvement or modification of any highway or
9098 highway segment required to be performed by the * * * Mississippi 9099 Department of Transportation by any act of the Legislature that 9100 was enacted and became effective before July 1, 2002, shall be
9101 given priority over any other projects that are authorized or
9102 directed to be performed by the * * * Mississippi Department of 9103 Transportation under the provisions of this section or under the 9104 provisions of any other legislation that is enacted or becomes 9105 effective after July 1, 2002.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 368 (AJT\EW) 9106 (b) On or before October 1, 2005, and on or before 9107 October 1 of each year thereafter, the Mississippi Department of
9108 Transportation * * * shall present to the Highways and 9109 Transportation Committee of the Senate and the Transportation 9110 Committee of the House of Representatives the schedule of 9111 priorities developed as provided for in paragraph (a) of this
9112 subsection reflecting the proposed schedule of construction for 9113 segments. The proposed schedule shall be followed until later 9114 modified based on the criteria established in paragraph (a) of 9115 this subsection.
9116 (c) The Mississippi Department of Transportation * * * 9117 shall begin letting projects based upon the prioritized schedule
9118 of need not later than January 1, 2006; however, the * * * 9119 department shall have the flexibility to adjust the sequencing of 9120 projects as may be required in order to maximize the utilization 9121 of available funding or to accommodate the relative requirement of 9122 each individual project. Nothing in this section shall be
9123 construed to authorize the * * * department to let contracts for 9124 projects based upon the prioritized schedule of need before 9125 completion of the letting of contracts under subsection (3)(c) of
9126 this section. 9127 (d) Funds deposited into the special funds created in 9128 Section 65-39-3 or 65-39-17 may only be expended as provided for 9129 in Sections 65-39-1 through 65-39-37; however, funds otherwise 9130 generated may be expended on segments included in Section 65-39-1
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 369 (AJT\EW) 9131 that are in the prioritized schedule established pursuant to this 9132 subsection, as well as other projects included in such schedule. 9133 (e) For fiscal year 2006 and each fiscal year
9134 thereafter, the * * * department shall dedicate not less than Two 9135 Hundred Million Dollars ($200,000,000.00) in state and/or federal 9136 funds to fund the program established by subsections (4) and (5)
9137 of this section.
9138 (f) The * * * Mississippi Department of Transportation 9139 shall, in addition to all other projects, consider the following 9140 as immediate needs when establishing the initial priority schedule 9141 pursuant to paragraph (a) of this subsection: 9142 (i) An Interstate highway segment along or near 9143 I-55 beginning at or near Hernando and extending northerly to the
9144 Tennessee state line. 9145 (ii) A highway segment along or near Mississippi 9146 304 beginning at or near U.S. 61 and extending easterly to or near 9147 I-55. 9148 (iii) A highway segment along or near U.S. 82
9149 beginning at the east end of the proposed Greenville River Bridge 9150 and extending northeasterly to or near Stoneville.
9151 (iv) A highway segment along or near Mississippi 9152 278 beginning at or near Amory and extending westerly to U.S. 45. 9153 (v) A highway segment along or near Mississippi 41 9154 beginning at U.S. 45 and extending westerly to or near Okolona.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 370 (AJT\EW) 9155 (vi) A highway segment along or near Mississippi 9 9156 beginning at Mississippi 6 north of Pontotoc and extending 9157 northerly to U.S. 78. 9158 (vii) A highway segment along or near Mississippi 9159 25 beginning at or near Itawamba county line and extending 9160 northerly to or near U.S. 72.
9161 (viii) A highway segment along or near Mississippi 9162 35 beginning at the end of the existing four-lane at Forest and 9163 extending northerly to or near Hillsboro. 9164 (ix) A highway segment along or near Mississippi 9165 35 beginning at or near Mississippi 487 and extending northerly to 9166 or near Mississippi 25. 9167 (x) A highway segment along or near Mississippi 16
9168 beginning at or near I-55 and extending easterly to or near 9169 Philadelphia. 9170 (xi) An Interstate highway segment along or near 9171 I-20 beginning at the Mississippi River Bridge and extending 9172 easterly to or near U.S. 61 north.
9173 (xii) A highway segment consisting of two (2) 9174 lanes of construction and two (2) lanes of right-of-way
9175 acquisition beginning at the Port of Vicksburg and extending 9176 easterly to or near U.S. 61. 9177 (xiii) An Interstate highway segment along or near 9178 I-20 beginning at or near the Clinton Raymond Road Interchange and 9179 extending easterly to or near the Mississippi 18 Interchange.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 371 (AJT\EW) 9180 (xiv) An Interstate highway segment along or near 9181 I-20 beginning at or near I-55 south and extending easterly to or 9182 near I-55 north. 9183 (xv) An Interstate highway segment along or near 9184 I-55 beginning at or near I-20 and extending northerly to or near 9185 the High Street Interchange.
9186 (xvi) An Interstate highway segment along or near 9187 I-55 beginning at or near the Elton Road Interchange and extending 9188 northerly to or near I-20. 9189 (xvii) An Interstate highway segment along or near 9190 I-59 beginning at or near U.S. 98 and extending northerly to or 9191 near U.S. 49. 9192 (xviii) A highway segment along or near
9193 Mississippi 43 beginning at or near the Hancock county line and 9194 extending westerly to or near I-59. 9195 (xix) An Interstate highway segment along or near 9196 Canal Road (Mississippi 601) beginning at or near U.S. 90 and 9197 extending northerly to or near I-10.
9198 (xx) An Interstate highway segment consisting of 9199 four (4) lanes along or near U.S. 49 beginning at or near I-10 and
9200 extending northerly to or near Lyman; then beginning at or near 9201 I-59 and extending westerly to or near U.S. 49; then beginning at 9202 or near I-59 and extending northwesterly to U.S. 49; then 9203 beginning at or near Florence and extending northerly to or near 9204 I-20.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 372 (AJT\EW) 9205 (xxi) A highway segment along or near U.S. 49 9206 beginning along or near Lyman and extending northerly to I-20 with 9207 geometric type improvements along the entire corridor at or near 9208 the One Hundred Million Dollar ($100,000,000.00) estimate. 9209 (xxii) An Interstate highway along or near I-20/59 9210 beginning at or near the merger of I-20 and I-59 and extending
9211 easterly to or near Mississippi 39. 9212 (xxiii) A highway segment along or near 9213 Mississippi 67 beginning at or near I-10 and extending 9214 northwesterly to or near U.S. 49. 9215 (xxiv) A highway segment along or near Mississippi 9216 605 beginning at or near I-10 and extending northerly to or near 9217 Mississippi 67.
9218 (xxv) A highway segment along or near Mississippi 9219 43 beginning at the end of the existing four-lane and extending 9220 northerly to or near Kiln. 9221 (xxvi) A highway segment along or near Mississippi 9222 24/Mississippi 48 beginning at or near Mississippi 33 south and
9223 extending easterly to or near Mississippi 33 north. 9224 (xxvii) A highway segment along or near
9225 Mississippi 24/Mississippi 48 beginning at or near Mississippi 569 9226 and extending easterly to or near I-55. 9227 (xxviii) A highway segment along or near 9228 Mississippi 27 beginning at or near I-55 and extending northerly 9229 to or near I-20.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 373 (AJT\EW) 9230 (xxix) A highway segment along or near Mississippi 9231 57 beginning at or near I-10 and extending northerly to or near 9232 Vancleave. 9233 (xxx) A highway segment along or near Mississippi 9234 19 beginning at or near Collinsville and extending northerly to or 9235 near Philadelphia.
9236 (xxxi) A highway segment along or near Mississippi 9237 12 beginning at or near I-55 and extending to or near U.S. 51. 9238 (xxxii) A highway segment along or near 9239 Mississippi 18 beginning at or near Mississippi 27 and extending 9240 northerly to or near the end of the four-lane at or near Raymond. 9241 (xxxiii) A highway segment along or near 9242 Mississippi 28 beginning at or near Fayette and extending easterly
9243 to I-55. 9244 (xxxiv) A highway segment along or near U.S. 61 9245 beginning at or near Redwood and extending northerly to or near 9246 Leland. 9247 (xxxv) A highway segment along or near Mississippi
9248 24/Mississippi 48 beginning at or near Woodville and extending 9249 easterly to or near Mississippi 569.
9250 (xxxvi) A highway segment along or near 9251 Mississippi 18 beginning at or near U.S. 61 and extending 9252 northerly to or near Mississippi 27.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 374 (AJT\EW) 9253 (xxxvii) A highway segment consisting of four (4) 9254 lanes along or near Mississippi 12 beginning at or near U.S. 51 9255 and extending to or near Kosciusko. 9256 (xxxviii) A highway segment along or near 9257 Mississippi 25 beginning at Iuka and extending northerly to the 9258 Mississippi/Tennessee state line.
9259 (xxxix) A highway segment along or near 9260 Mississippi 25 beginning at U.S. 45 Alternate and extending 9261 northeasterly to or near Aberdeen. 9262 (xl) A highway segment along or near Mississippi 7 9263 beginning at I-55 and extending northeasterly to Mississippi 9W. 9264 (xli) A highway segment along or near Mississippi 9265 7 beginning at Greenwood and extending northeasterly to Grenada.
9266 (xlii) A highway segment along or near U.S. 98 9267 beginning at or near U.S. 84 at or near Meadville and extending 9268 easterly to or near I-55. 9269 (xliii) A highway segment along or near 9270 Mississippi 35 beginning at the Mississippi/Louisiana state line
9271 and extending northerly to or near U.S. 98 at or near Foxworth. 9272 (xliv) A highway segment along or near Mississippi
9273 53 beginning at or near U.S. 49 and extending northwesterly to or 9274 near I-59. 9275 (xlv) A highway segment along or near Mississippi 9276 603 beginning at or near Mississippi 43 and extending northerly to 9277 or near Mississippi 53.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 375 (AJT\EW) 9278 (g) The * * * Mississippi Department of Transportation 9279 shall, in addition to all other projects, consider the following 9280 as mid-range needs when establishing the initial priority schedule 9281 pursuant to paragraph (a) of this section: 9282 (i) A highway segment along or near U.S. 49 9283 beginning at U.S. 61 and extending northwesterly to the Arkansas
9284 state line. 9285 (ii) A highway segment along or near Mississippi 8 9286 beginning at or near Rosedale and extending easterly to or near 9287 Grenada. 9288 (iii) A highway segment along or near Mississippi 9289 25 beginning at the end of the existing four-lane and extending 9290 northerly to or near the Tishomingo county line.
9291 (iv) A highway segment along or near Mississippi 9292 25 beginning at or near Mississippi 23 and extending northerly to 9293 or near U.S. 78. 9294 (v) A highway segment along or near Mississippi 12 9295 beginning at or near Kosciusko and extending northeasterly to or
9296 near Ethel; then beginning at or near Weir and extending 9297 northeasterly to or near Mississippi 15; then beginning at or near
9298 Longview and extending northeasterly to or near Starkville. 9299 (vi) A highway segment along or near Mississippi 9300 35 beginning at or near Hillsboro and extending northerly to or 9301 near Mississippi 487.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 376 (AJT\EW) 9302 (vii) A highway segment along or near Mississippi 9303 35 beginning at or near Mississippi 25 and extending northerly to 9304 or near I-55. 9305 (viii) A highway segment along or near Mississippi 9306 16 beginning at or near Mississippi 25 and extending easterly to 9307 or near BIA 22.
9308 (ix) A highway segment along or near Mississippi 9309 22 beginning at or near Edwards and extending northeasterly to or 9310 near Canton. 9311 (x) An Interstate highway segment along or near 9312 I-55 beginning at or near I-220 and extending northerly to or near 9313 Canton. 9314 (xi) An Interstate highway segment along or near
9315 I-20 beginning at or near U.S. 61 north and extending easterly to 9316 or near the Flowers Interchange. 9317 (xii) An Interstate highway segment along or near 9318 I-20 beginning at or near the Mississippi 18 Interchange and 9319 extending easterly to or near I-55 south.
9320 (xiii) An Interstate highway segment along or near 9321 I-20 beginning at or near I-55 north and extending easterly to or
9322 near U.S. 49. 9323 (xiv) A highway segment along or near Mississippi 9324 43 beginning at or near Kiln and extending northwesterly to or 9325 near the Pearl River county line.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 377 (AJT\EW) 9326 (xv) A highway segment along or near Mississippi 9327 12 beginning at or near Ethel and extending northeasterly to or 9328 near Weir; then beginning at or near Mississippi 15 and extending 9329 northeasterly to Longview. 9330 (xvi) A highway segment along or near Mississippi 9331 27 beginning at the Mississippi/Louisiana state line and extending
9332 northerly to or near Crystal Springs. 9333 (xvii) A highway segment along or near Mississippi 9334 33 beginning at or near Fayette and extending southerly to or near 9335 the Mississippi/Louisiana state line. 9336 (xviii) A highway segment along or near 9337 Mississippi 18 beginning at or near Bay Springs and extending 9338 northeasterly to or near Brandon.
9339 (xix) A highway segment along or near Mississippi 9340 24 beginning at or near Gloster and extending to or near Liberty.
9341 (h) The * * * Mississippi Department of Transportation 9342 shall, in addition to all other projects, consider the following 9343 as long-range needs when establishing the initial priority
9344 schedule pursuant to paragraph (a) of this section: 9345 (i) A highway segment along or near Mississippi 19
9346 beginning at or near Mississippi 15 and extending northwesterly to 9347 or near Kosciusko. 9348 (ii) An Interstate highway segment along or near 9349 I-55 beginning at or near Senatobia and extending northerly to 9350 Hernando.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 378 (AJT\EW) 9351 (iii) An Interstate highway segment along or near 9352 I-20 beginning at or near the Flowers Interchange and extending 9353 easterly to or near Clinton Raymond Road Interchange. 9354 (iv) An Interstate highway segment along or near 9355 I-20 beginning at or near the Brandon Crossgates Interchange and 9356 extending easterly to or near the Pelahatchie Mississippi 43
9357 Interchange. 9358 (v) An Interstate highway segment along or near 9359 I-55 beginning at or near the High Street Interchange and 9360 extending northerly to or near Mississippi 25. 9361 (vi) An Interstate highway segment along or near 9362 I-55 beginning at or near Terry and extending northerly to or near 9363 the Elton Road Interchange.
9364 (vii) An Interstate highway along or near I-20 9365 beginning at or near Chunky and extending easterly to or near 9366 I-59. 9367 (viii) An Interstate highway along or near I-20/59 9368 beginning at or near Mississippi 39 and extending easterly to or
9369 near Toomsuba. 9370 (ix) A highway segment along or near Mississippi
9371 16 beginning at or near I-55 and extending to or near U.S. 49. 9372 (x) A highway segment along or near Mississippi 4 9373 beginning at or near U.S. 61 and extending easterly to or near 9374 I-55 at or near Senatobia.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 379 (AJT\EW) 9375 (xi) A roadway segment along or near Lakeshore 9376 Road beginning at or near U.S. 90 and extending northerly to or 9377 near South Beach Boulevard. 9378 (xii) A highway segment beginning at or near 9379 Ellisville and extending northerly to or near the northern city 9380 limits of Laurel.
9381 (xiii) An Interstate highway segment along or near 9382 I-110 beginning at or near U.S. 90 and extending northerly to or 9383 near I-10. 9384 (xiv) A highway segment along or near Mississippi 9385 16 beginning at or near Scooba and extending westerly to or near 9386 DeKalb. 9387 (xv) A highway segment along or near U.S. 49 East
9388 beginning at or near Yazoo City and extending northerly to or near 9389 U.S. 82. 9390 (xvi) A highway segment along or near Mississippi 9391 7 beginning at or near Oxford and extending northerly to the 9392 Mississippi/Tennessee state line.
9393 (xvii) A highway segment along or near Mississippi 9394 57 beginning at or near Vancleave and extending northerly to or
9395 near U.S. 98. 9396 (xviii) A highway segment along or near 9397 Mississippi 35 beginning at or near I-55 and extending northerly 9398 to Mississippi 6.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 380 (AJT\EW) 9399 (xix) A highway segment along or near Mississippi
9400 35 beginning at or near U.S. 98 and extending northerly to I-20. 9401 (6) The * * * department shall, in addition to other 9402 projects, consider the following highway segments for improvements 9403 and highway modifications, including, but not limited to, 9404 straightening and realignment of the existing roadway, the
9405 addition of passing lanes and the widening of existing lanes, the 9406 addition of turn lanes and improvement of shoulders: 9407 (a) Mississippi 3 from U.S. 61 to U.S. 49 West. 9408 (b) Mississippi 3 from Tutwiler to U.S. 61. 9409 (c) Mississippi 7 from Mississippi 9 West to I-55. 9410 (d) Mississippi 7 from U.S. 82 to I-55. 9411 (e) Mississippi 8 from U.S. 49 West to I-55.
9412 (f) Mississippi 9 from Mississippi 7 to U.S. Highway 9413 82. 9414 (g) Mississippi 9 from Mississippi 6 to U.S. 78. 9415 (h) Mississippi 9 from Mississippi 7 to Mississippi 9416 300.
9417 (i) Mississippi 12 from U.S. 61 to I-55. 9418 (j) Mississippi 12 from U.S. 82 to the
9419 Mississippi/Alabama state line. 9420 (k) Mississippi 12 from the city limits of Ackerman to 9421 the city limits of Sturgis. 9422 (l) Mississippi 12 from U.S. 49 West to U.S. 61. 9423 (m) Mississippi 12 from Kosciusko to I-55.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 381 (AJT\EW) 9424 (n) Mississippi 15 from I-10 to U.S. 98. 9425 (o) Mississippi 15 from Mississippi 18 to I-20. 9426 (p) Mississippi 16 from Mississippi 39 to U.S. 45. 9427 (q) Mississippi 16 from Mississippi 39 to Philadelphia. 9428 (r) Mississippi 18 from U.S. 61 to the city limits of 9429 Utica.
9430 (s) Mississippi 18 from U.S. 45 to U.S. 80. 9431 (t) Mississippi 24 from Mississippi 33 to Mississippi 9432 48. 9433 (u) Mississippi 24 from U.S. 61 to Fort Adams. 9434 (v) Mississippi 26 from Mississippi 43 to Mississippi 9435 63. 9436 (w) Mississippi 27 from the Mississippi/Louisiana state
9437 line to I-55. 9438 (x) Mississippi 28 from Mississippi 33 to I-55. 9439 (y) Mississippi 28 from U.S. 51 to U.S. 49. 9440 (z) Mississippi 28 from U.S. 84 to U.S. 49. 9441 (aa) Mississippi 33 from U.S. 61 to the
9442 Mississippi/Louisiana state line. 9443 (bb) Mississippi 35 from U.S. 98 to I-20.
9444 (cc) Mississippi 39 from DeKalb to the Meridian Naval 9445 Air Station. 9446 (dd) Mississippi 42 from U.S. 84 to U.S. 49. 9447 (ee) Mississippi 43 from Mississippi 26 to Picayune. 9448 (ff) Mississippi 48 from Mississippi 35 to U.S. 51.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 382 (AJT\EW) 9449 (gg) Mississippi 50 from Mississippi 15 to the 9450 Mississippi/Alabama state line. 9451 (hh) Mississippi 69 from Columbus to the 9452 Mississippi/Alabama state line. 9453 (ii) Mississippi 389 from Starkville to Mississippi 15. 9454 (jj) Mississippi 469 from U.S. 49 to Mississippi 28.
9455 (kk) Mississippi 469 from U.S. 49 to Mississippi 468. 9456 (ll) Mississippi 547 from Mississippi 28 to U.S. 61. 9457 (mm) Mississippi 550 from Mississippi 28 to I-55. 9458 (nn) Mississippi 563 from U.S. 61 to Mississippi 33. 9459 (oo) Mississippi 567 from Mississippi 24 to U.S. 98. 9460 (pp) Mississippi 569 from Liberty to Mississippi 570. 9461 (qq) Mississippi 570 from Summitt to Smithdale.
9462 (rr) Mississippi 589 from Liberty to I-55. 9463 (ss) Mississippi 589 from U.S. 98 to I-59. 9464 (tt) Mississippi 603 from I-10 to Kiln/Delisle Road. 9465 (uu) Old U.S. 45 beginning in the City of Meridian at 9466 or near the old Coca-Cola Company and extending northerly
9467 approximately two (2) miles to just beyond the Town of Marion. 9468 (vv) U.S. 49 East from Yazoo City to Tutwiler.
9469 (ww) U.S. 49 from Tutwiler to Clarksdale. 9470 (xx) U.S. 49 from Indianola to Clarksdale.
9471 (7) The * * * department shall conduct a feasibility study 9472 and prepare a conceptual design for a thoroughfare that encircles 9473 the City of Hattiesburg.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 383 (AJT\EW) 9474 (8) The construction priorities established in this section 9475 shall not be construed as prohibiting the completion of highway 9476 segments which, on July 1, 1987, are included in the current 9477 three-year plan under Section 65-1-141, and for which, on July 1, 9478 1987, grade and drainage has been completed or contracts for grade 9479 and drainage have been let. Nothing shall preclude the
9480 construction of fully controlled access highways. 9481 (9) Contracts may be let and construction may commence and 9482 be performed concurrently on any of the highway segments 9483 designated in subsections (3), (4) and (5) of this section, 9484 notwithstanding the priorities established for the letting of 9485 contracts on the various segments designated therein, provided 9486 that funds are available and, provided that, at all times, the
9487 percentages of all contracts required to be let on the segments 9488 designated in subsection (3) of this section are, in fact, let no 9489 later than the dates established therein. 9490 (10) (a) All highway construction and reconstruction 9491 authorized under this section shall be performed by contract let
9492 on competitive bid in the manner provided by statute; however, 9493 highway segments shall be constructed in lengths of not less than
9494 ten (10) miles. 9495 (b) It is the intent of the Legislature that not less 9496 than ten percent (10%) of the amounts authorized to be expended 9497 for construction and reconstruction of the four-lane highway 9498 segments designated in this section shall be expended with small
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 384 (AJT\EW) 9499 business concerns owned and controlled by socially and 9500 economically disadvantaged individuals. The term "socially and 9501 economically disadvantaged individuals" shall have the meaning 9502 ascribed to such term under Section 8(d) of the Small Business Act 9503 (15 USCS, Section 637(d)) and relevant subcontracting regulations 9504 promulgated pursuant thereto; except that women shall be presumed
9505 to be socially and economically disadvantaged individuals for the 9506 purposes of this paragraph (b). 9507 (11) (a) Notwithstanding the provisions of subsection 9508 (10)(a) of this section, the Mississippi Department of
9509 Transportation * * * may construct highway segments of less than 9510 ten (10) miles in length if: 9511 (i) The segment as described in subsection (3) or
9512 (4) of this section or the schedule of priorities established in 9513 subsection (5) of this section is less than ten (10) miles in 9514 length; 9515 (ii) The segment will connect two (2) existing 9516 four-lane highways;
9517 (iii) The segment will connect an existing 9518 four-lane highway with an incorporated municipality;
9519 (iv) The segment will connect an existing 9520 four-lane highway with a river, the state boundary or any other 9521 natural or man-made barrier; 9522 (v) For a particular project, the costs of 9523 constructing a single segment of at least ten (10) miles in length
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 385 (AJT\EW) 9524 would greatly exceed the aggregate costs of constructing two (2) 9525 or more segments; or 9526 (vi) The segment is in an urban area and involves 9527 the completion of bypasses or other construction which will 9528 facilitate and accommodate major traffic movement.
9529 (b) In any case in which the * * * department 9530 authorizes the construction of a highway segment of less than ten 9531 (10) miles in length, the commission shall set forth and record in 9532 its official minutes explanation and justification therefor based
9533 upon one or more of the conditions prescribed in paragraph (a) of 9534 this subsection. 9535 (12) (a) To assist in defraying the costs and expenses for 9536 construction, reconstruction and relocation of the four-lane
9537 highway system described in this section, the following revenues
9538 shall be paid out of such funds made available to the * * * 9539 Mississippi Department of Transportation: 9540 (i) From matched federal funds or other federal 9541 funds, Thirty-two Million Dollars ($32,000,000.00) for fiscal year
9542 1988, Twenty-five Million Dollars ($25,000,000.00) for fiscal year 9543 1989, Thirty Million Dollars ($30,000,000.00) for fiscal year 1990
9544 and fifty percent (50%) of such federal funds for fiscal year 1991 9545 and each fiscal year thereafter; and 9546 (ii) Five Million Dollars ($5,000,000.00) from 9547 matched federal bridge replacement funds for fiscal year 1988 and 9548 each fiscal year thereafter when the segments proposed for
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 386 (AJT\EW) 9549 construction contain bridges that are eligible for replacement 9550 under the Federal Aid Bridge Replacement Program. 9551 (b) Federal funds in addition to the federal funds 9552 specified in paragraph (a) of this subsection may be used for the 9553 construction, reconstruction and relocation of the four-lane 9554 highway system described in this section. Such federal funds may
9555 be utilized in lieu of state funding that would otherwise be 9556 utilized for such system; provided, however, that the annual total 9557 amount of funding for the construction, reconstruction and 9558 relocation of the highway system described in this section shall 9559 not be less than it would have otherwise been without the 9560 utilization of such additional federal funds.
9561 (13) The * * * Mississippi Department of Transportation 9562 shall submit a report to the Legislature by January 10 of each 9563 calendar year setting forth the current status of the construction 9564 program set forth in this section to include, but not be limited 9565 to, the following information: 9566 (a) Specific segments on which engineering is being
9567 performed or has been completed; 9568 (b) Specific segments for which right-of-way has been
9569 acquired or is being acquired; 9570 (c) Specific segments for which construction contracts 9571 have been let; 9572 (d) Specific segments on which construction is in 9573 progress;
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 387 (AJT\EW) 9574 (e) Specific segments on which construction has been 9575 completed; 9576 (f) Projections for completion of the next step on each 9577 segment; 9578 (g) Revenue derived for such construction program from 9579 each revenue source contained in Chapter 322, Laws of 1987, and in
9580 Chapter 557, Laws of 1994; 9581 (h) For each fiscal year beginning in 1994, a detailed 9582 cash flow projection by source of program activities and an 9583 estimate of when the program will encounter a funding shortage due 9584 to costs exceeding original projections; 9585 (i) A schedule of all complete and open-to-traffic 9586 highway segments and the related total cost of each segment;
9587 (j) A schedule of all highway segments on which all 9588 contracts necessary for completion of the segments were not let as 9589 of the date required by law; 9590 (k) A complete recap of all program receipts by source, 9591 and of all disbursements for the prior fiscal year and cumulative
9592 totals since the inception of the program as compared to 9593 projections; and
9594 (l) A statement from the Mississippi Department of 9595 Transportation regarding the status of the funding of the program 9596 based on agency cost experience and projections for the future.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 388 (AJT\EW) 9597 The report shall be deemed submitted when ten (10) copies are 9598 submitted to the Clerk of the House of Representatives and ten 9599 (10) copies are submitted to the Secretary of the Senate.
9600 SECTION 191. Section 65-3-99, Mississippi Code of 1972, is 9601 amended as follows: 9602 65-3-99. Whenever, by legislation, any highway, street or
9603 road under the jurisdiction of a county, municipality or other 9604 political subdivision of the state is placed on the designated 9605 state highway system under the jurisdiction of the Mississippi
9606 Department of Transportation * * *, such highway, street or road 9607 shall become a state highway but, unless otherwise specifically 9608 provided by law, shall remain under the jurisdiction of the 9609 county, municipality or other political subdivision for
9610 construction and maintenance purposes until brought up to
9611 applicable construction standards as required by * * * the 9612 Mississippi Department of Transportation.
9613 SECTION 192. Section 65-3-133, Mississippi Code of 1972, is 9614 amended as follows:
9615 65-3-133. (1) (a) The mileage of highway specifically 9616 designated in subsection (2) of this section is in addition to the
9617 total mileage limitation of eight thousand six hundred (8,600) 9618 miles that is set out in Section 65-3-3.
9619 ( * * *b) The following highway is designated as a 9620 state highway and is placed under the jurisdiction of the
9621 Mississippi Department of Transportation * * * for construction
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 389 (AJT\EW) 9622 and maintenance; and such highway, together with the highways 9623 designated in Sections 65-3-3 and 65-3-5, and all other laws 9624 adding links to the designated state highway system, are declared 9625 to be the state highway system of Mississippi:
9626 Southern District - Lawrence and Marion Counties: 9627 An extension of Mississippi 44 beginning at its
9628 intersection with Mississippi 27 in Lawrence County and 9629 extending easterly across the Pearl River to Mississippi 9630 13 in Marion County.
9631 ( * * *c) The Mississippi Department of 9632 Transportation * * * shall maintain, construct, take over and 9633 assume jurisdiction of the highway designated in subsection (1) of 9634 this section in the same manner and upon the same terms and
9635 conditions as set out in Sections 65-1-75, 65-3-3, 65-9-1 and 9636 65-9-3.
9637 ( * * *2) The following highway is deleted from the state 9638 highway system, removed from the jurisdiction of the Mississippi
9639 Department of Transportation * * * and returned to the 9640 jurisdiction of the Board of Supervisors of Wayne County:
9641 Southern District - Wayne County: 9642 Beginning on Mississippi 510 at the end of state 9643 maintenance south of Mathersville, thence southeasterly 9644 approximately 4.4 miles to Supervisors District 2 of 9645 Wayne County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 390 (AJT\EW) 9646 ( * * *3) The following highway is deleted from the state 9647 highway system, removed from the jurisdiction of the Mississippi
9648 Department of Transportation * * * and returned to the 9649 jurisdiction of the Board of Supervisors of Humphreys County:
9650 Central District - Humphreys County: 9651 Mississippi 435 (Silent Shade Road) beginning at a point
9652 on Mississippi 12 approximately 5 miles east of Belzoni, 9653 thence northeasterly along the Yazoo River for 9 miles; 9654 all in Humphreys County.
9655 ( * * *4) The Mississippi Department of Transportation shall 9656 perform preliminary engineering, acquire necessary right-of-way 9657 and construct or reconstruct and maintain as a four-lane highway 9658 the following segment of highway:
9659 Northern District - Lafayette County: 9660 Mississippi 7 beginning at its intersection with 9661 Mississippi 6 and extending southerly to its 9662 intersection with Mississippi 9 West.
9663 SECTION 193. Section 65-3-135, Mississippi Code of 1972, is 9664 amended as follows: 9665 65-3-135. The following highway is deleted from the state
9666 highway system, removed from the jurisdiction of the Mississippi
9667 Department of Transportation * * * and returned to the 9668 jurisdiction of the Board of Supervisors of Clay County:
9669 Northern District - Clay County:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 391 (AJT\EW) 9670 Mississippi Highway 389 beginning at the Clay/Oktibbeha 9671 County line and extending northerly to Montpelier.
9672 SECTION 194. Section 65-3-137, Mississippi Code of 1972, is 9673 amended as follows:
9674 65-3-137. SECTION 1. (1) The following highway is 9675 designated as a state highway and is placed under the jurisdiction
9676 of the Mississippi Department of Transportation * * * for 9677 construction and maintenance when the City of Flowood provides 9678 necessary rights-of-way, including utility adjustments and 9679 relocations:
9680 Central District - Rankin County: 9681 Mississippi 468 - That two-lane portion of Mississippi 9682 468 (Flowood Drive) beginning at Fourth Street in
9683 Flowood and extending northeasterly to Mississippi 9684 Highway 475, a distance of approximately two and 9685 two-tenths (2.2) miles.
9686 (2) The segment described in subsection (1) of this section 9687 shall be a four-lane facility built to the design standards of the
9688 Mississippi Department of Transportation.
9689 SECTION 2. (1) The Mississippi Department of Transportation 9690 shall number, maintain, take over and assume jurisdiction of the 9691 following described highway segment, subject to the conditions 9692 prescribed in subsection (2) of this section.
9693 Central District - Rankin County:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 392 (AJT\EW) 9694 West Rankin Parkway (New Route) - Beginning at 9695 Mississippi 25 in the City of Flowood, thence south to 9696 U.S. 80 at Pearson Road in the City of Pearl, all in 9697 Rankin County. 9698 (2) The Mississippi Department of Transportation may 9699 construct the highway segment described in subsection (1) of this
9700 section as a four-lane facility in accordance with current design 9701 standards; however, the City of Flowood, the City of Pearl, Rankin 9702 County and any private corporation jointly shall provide necessary 9703 engineering and rights-of-way, including utility adjustments and 9704 relocations.
9705 SECTION 3. The following highway is designated as a state 9706 highway and is placed under the jurisdiction of the Mississippi
9707 Department of Transportation * * * for construction and 9708 maintenance; and 9709 such highway, together with the highways designated in Section 9710 65-3-3, and all other laws adding links to the designated state 9711 highway system, are declared to be the state highway system of
9712 Mississippi:
9713 Southern District - Jones County: 9714 Mississippi 590 - Beginning at Mississippi 11 and 9715 extending easterly to Mississippi 29, a distance of 9716 approximately 1.3 miles.
9717 SECTION 4. (1) The following highway is designated as a 9718 state highway and is placed under the jurisdiction of the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 393 (AJT\EW) 9719 Mississippi Department of Transportation * * * for construction 9720 and maintenance; and such highway, together with the highways 9721 designated in Section 65-3-3, and all other laws adding links to 9722 the designated state highway system, are declared to be the state 9723 highway system of Mississippi:
9724 Central District - Newton County: 9725 Decatur Street beginning on the north side of the 9726 intersection of Third Street and Decatur Street, and 9727 proceeding northward to the beginning of state 9728 maintenance south of U.S. Highway 80, all within the 9729 City of Newton.
9730 (2) The Mississippi Department of Transportation * * * shall 9731 maintain, construct, take over and assume jurisdiction of the
9732 highway designated in subsection (1) of this section in the same 9733 manner and upon the same terms and conditions as set out in 9734 Sections 65-1-75, 65-9-1 and 65-9-3. However, the City of Newton 9735 shall not be required to provide to the Mississippi Department of 9736 Transportation any right-of-way with a width any greater than the
9737 width of right-of-way that existed at the time that the highway 9738 segment described in subsection (1) of this section was returned
9739 to the jurisdiction of the City of Newton.
9740 SECTION 5. The following highways are deleted from the state 9741 highway system, removed from the jurisdiction of the Mississippi
9742 Department of Transportation * * * and returned to the 9743 jurisdiction of the governing authorities of the City of Newton:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 394 (AJT\EW) 9744 Central District - Newton County: 9745 (a) That section of old Mississippi 15 beginning south 9746 of Interstate 20 at the intersection of old Mississippi 9747 15 and present Mississippi 15 and extending 9748 southwesterly for approximately .033 miles, all within 9749 the City of Newton; and
9750 (b) That section of old Mississippi 15 located between 9751 U.S. Highway 80 and Decatur Street, all within the City 9752 of Newton.
9753 SECTION 6. (1) The Mississippi Department of Transportation 9754 may construct to department design standards, may perform such 9755 reconstruction as may be required to existing highways and may 9756 acquire by gift, purchase or eminent domain proceedings such
9757 property as may be necessary to provide four (4) lanes for traffic 9758 on and along the following location:
9759 Central District - Lauderdale County: 9760 Old U.S. Highway 45 beginning in the City of Meridian 9761 at or near the old Coca Cola Company and extending
9762 northerly approximately two (2) miles to just beyond 9763 the Town of Marion.
9764 (2) Lauderdale County, the City of Meridian and the Town of 9765 Marion shall provide required right-of-way, remove all 9766 encroachments and bring up to Transportation Department standards 9767 existing roads and bridges along the route described in subsection 9768 (1) of this section.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 395 (AJT\EW) 9769 (3) The mileage of highway specifically designated in 9770 subsection (1) of this section shall be under the jurisdiction of
9771 the Mississippi Department of Transportation * * * for 9772 construction and maintenance and, together with the highways 9773 designated in Section 65-3-3, and all other laws adding links to 9774 the state designated highway system, are declared to be the state
9775 highway system of Mississippi.
9776 SECTION 7. (1) (a) That portion of Mississippi Highway 25 9777 from south of Becker, Mississippi, to the Monroe/Itawamba county 9778 line shall be known as the "Monroe County Parkway." 9779 (b) The Mississippi Department of Transportation shall 9780 erect and maintain appropriate signs along and approaching that 9781 portion of Mississippi Highway 25 described in this subsection.
9782 (2) The portion of Mississippi Highway 25 described in 9783 subsection (1) of this section shall be constructed by the 9784 Mississippi Department of Transportation as a fully controlled 9785 access road; provided, however, beginning at a point four (4) 9786 miles south of the Monroe/Itawamba county line and extending north
9787 to the Monroe/Itawamba county line, the department is not required 9788 to construct a fully controlled access road. The Mississippi
9789 Department of Transportation is authorized to landscape the 9790 right-of-way of the portion of Mississippi Highway 25 described in 9791 subsection (1) of this section. 9792 (3) If Mississippi Highway 25 is relocated to the east of 9793 Smithville, the Mississippi Department of Transportation shall
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 396 (AJT\EW) 9794 maintain Mississippi Highway 25 as it existed on January 1, 2011, 9795 from a point at least four (4) miles south of the Monroe/Itawamba 9796 county line to a point at least two (2) miles north of the 9797 Monroe/Itawamba county line through Smithville and may designate 9798 it with an appropriate route number. 9799 (4) The department is authorized to improve the existing
9800 Mississippi Highway 25 through Smithville by providing 9801 landscaping, appropriate signs and markers, and other 9802 enhancements. 9803 (5) It shall be unlawful to construct or erect any 9804 advertisement or advertising structure within one thousand (1,000) 9805 feet of the right-of-way of the portion of Mississippi Highway 25 9806 described in subsection (1) of this section. This subsection
9807 shall not apply to areas located within a municipality or to 9808 signs, displays or devices located on a building which carry only 9809 advertisements strictly related to the lawful use of the building. 9810 (6) Mississippi Highway 25 shall intersect with U.S. Highway 9811 278 at least five hundred (500) feet west of the eastern city
9812 limits of the City of Amory as such city limits existed on January 9813 l, 2000.
9814 (7) The Mississippi Department of Transportation is 9815 authorized to construct a four-lane connector road at a point at 9816 or near the northern city limits of the City of Amory between old 9817 Mississippi Highway 25 and the portion of Mississippi Highway 25 9818 described in subsection (1) of this section.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 397 (AJT\EW) 9819 (8) The revisions made to this section in Chapter 539, Laws 9820 of 2012, are in response to the destruction and devastation on the 9821 Town of Smithville, Mississippi, and Monroe County, Mississippi, 9822 caused by the April 2011 tornadoes with the purpose of assisting 9823 the town in its recovery efforts.
9824 SECTION 195. Section 65-3-139, Mississippi Code of 1972, is 9825 amended as follows: 9826 65-3-139. The following highway is deleted from the state 9827 highway system, removed from the jurisdiction of the Mississippi
9828 Department of Transportation * * * and returned to the 9829 jurisdiction of the Board of Supervisors of Tippah County:
9830 Northern District - Tippah County: 9831 Mississippi Highway 368 beginning at the end of state
9832 maintenance at its intersection of County Route 700 and extending 9833 easterly approximately four and one-half (4.5) miles to its 9834 intersection with County Route 701 at or near Buena Vista.
9835 SECTION 196. Section 65-3-140, Mississippi Code of 1972, is 9836 amended as follows:
9837 65-3-140. The following highway is deleted from the state 9838 highway system, removed from the jurisdiction of the Mississippi
9839 Department of Transportation * * * and returned to the 9840 jurisdiction of the governing authorities of Yazoo City:
9841 Central District - Yazoo County: 9842 Mississippi 828 - U.S. 49E Spur - Begins on U.S. 49E and 9843 extends west to Yazoo City, Yazoo County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 398 (AJT\EW) 9844 SECTION 197. Section 65-3-140.1, Mississippi Code of 1972, 9845 is amended as follows: 9846 65-3-140.1. The following highway is deleted from the state 9847 highway system, removed from the jurisdiction of the Mississippi
9848 Department of Transportation * * * and returned to the 9849 jurisdiction of the Board of Supervisors of Copiah County:
9850 Central District - Copiah County: 9851 Mississippi Highway 844 beginning on U.S. Highway 51 and 9852 proceeding easterly on South Pat Harrison Drive, thence northerly 9853 on South Jackson Street, West Georgetown Street and North Jackson 9854 Street, thence westerly on North Pat Harrison Drive to U.S. 9855 Highway 51, for a total approximate length of 3.57 miles, all 9856 within Crystal Springs, Copiah County.
9857 SECTION 198. Section 65-3-141, Mississippi Code of 1972, is 9858 amended as follows: 9859 65-3-141. The following segment of highway is designated as 9860 a state highway and placed under the jurisdiction of the
9861 Mississippi Department of Transportation * * * for construction 9862 and maintenance; and such highway, together with the highways 9863 designated in Section 65-3-3, and all other laws adding links to
9864 the designated state highway system, are declared to be the state 9865 highway system of Mississippi:
9866 Northern District - Union County:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 399 (AJT\EW) 9867 An extension of Mississippi 30 in the City of New Albany 9868 beginning at its intersection with Mississippi 178 and extending 9869 east and northerly to its intersection with Sam T. Barkley Road.
9870 SECTION 199. Section 65-3-143.1, Mississippi Code of 1972, 9871 is amended as follows: 9872 65-3-143.1. (1) The following segments of highway are
9873 designated as state highways and placed under the jurisdiction of
9874 the Mississippi Department of Transportation * * * for 9875 construction and maintenance; and such highways, together with the 9876 highways designated in Section 65-3-3 and all other laws adding 9877 links to the designated state highway system are declared to be 9878 the state highway system of Mississippi:
9879 Southern District - Simpson County: 9880 Mississippi Highway 469 beginning at Harrisville near 9881 the old school building, Section 34, Township 2 North, 9882 Range 2 East, 7.2 miles north of its intersection with 9883 Mississippi Highway 28 at Union, thence .46 miles 9884 through Harrisville and ending at the beginning of state
9885 maintenance of Mississippi Highway 469 in Section 27, 9886 Township 2 North, Range 2 East.
9887 Southern District - Simpson County: 9888 Mississippi Highway 540 beginning at its intersection 9889 with Mississippi Highway 541 and extending easterly for 9890 a distance of 1077.75 feet.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 400 (AJT\EW) 9891 (2) The Mississippi Department of Transportation * * * shall 9892 take over and assume responsibility for construction and 9893 maintenance of the highway segments described under subsection (1) 9894 of this section whenever such highway segments have been brought 9895 up to commission standards.
9896 SECTION 200. Section 65-3-143.2, Mississippi Code of 1972, 9897 is amended as follows: 9898 65-3-143.2. (1) The following highway is designated as a 9899 state highway and placed under the jurisdiction of the Mississippi
9900 Department of Transportation * * *; and such highway, together 9901 with the highways designated in Section 65-3-3, and all other laws 9902 adding links to the designated state highway system, are declared 9903 to be the state highway system of Mississippi:
9904 Northern District - Coahoma County: 9905 That segment of highway beginning six-tenths (.6) of a 9906 mile east of the termination of state maintenance of 9907 Mississippi Highway 316 and extending northwesterly to 9908 its intersection with U.S. Highway 49 and U.S. Highway
9909 61, and that segment of highway extending westerly from 9910 its intersection with U.S. Highway 49 and U.S. Highway
9911 61 to its intersection with the eastern city limits of 9912 Friars Point, Mississippi.
9913 (2) The Mississippi Department of Transportation * * * shall 9914 take over and assume responsibility for construction and 9915 maintenance of the segment of highway described under subsection
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 401 (AJT\EW) 9916 (1) of this section whenever the * * * department certifies that 9917 such segment of highway has been brought up to * * * department 9918 standards and all utilities, signs, structures and other 9919 encroachments on such highway and right-of-way, are removed or 9920 relocated.
9921 SECTION 201. Section 65-3-143.3, Mississippi Code of 1972, 9922 is amended as follows: 9923 65-3-143.3. (1) The following highway is designated as a 9924 state highway and placed under the jurisdiction of the Mississippi
9925 Department of Transportation * * *; and such highway, together 9926 with the highways designated in Section 65-3-3, and all other laws 9927 adding links to the designated state highway system, are declared 9928 to be the state highway system of Mississippi:
9929 Northern District - DeSoto County: 9930 That segment of road beginning at the intersection of 9931 Mississippi 301 and Mississippi 304 and extending southerly 9932 to Arkabutla Dam.
9933 (2) The Mississippi Department of Transportation * * * shall 9934 take over and assume responsibility for construction and 9935 maintenance of the segment of highway described under subsection
9936 (1) of this section whenever the * * * department certifies that 9937 such segment of highway has been brought up to * * * department 9938 standards and all utilities, signs, structures and other 9939 encroachments on such highway and right-of-way, are removed or 9940 relocated.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 402 (AJT\EW) 9941 SECTION 202. Section 65-3-143.4, Mississippi Code of 1972, 9942 is amended as follows: 9943 65-3-143.4. (1) The following highway is designated as a 9944 state highway and placed under the jurisdiction of the Mississippi
9945 Department of Transportation * * *; and such highway, together 9946 with the highways designated in Section 65-3-3, and all other laws
9947 adding links to the designated state highway system, are declared 9948 to be the state highway system of Mississippi:
9949 Northern District - Carroll County: 9950 Old Mississippi Highway 430 from the Leflore/Carroll 9951 County line southeasterly to its intersection with 9952 Mississippi Highway 17, a distance of approximately thirteen 9953 (13) miles.
9954 (2) The Mississippi Department of Transportation * * * shall 9955 take over and assume responsibility for construction and 9956 maintenance of the segment of highway described under subsection
9957 (1) of this section whenever the * * * department certifies that
9958 such segment of highway has been brought up to * * * department 9959 standards and all utilities, signs, structures and other 9960 encroachments on such highway and right-of-way, are removed or
9961 relocated.
9962 SECTION 203. Section 65-3-143.5, Mississippi Code of 1972, 9963 is amended as follows: 9964 65-3-143.5. (1) The following highway is designated as a 9965 state highway and placed under the jurisdiction of the Mississippi
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 403 (AJT\EW) 9966 Department of Transportation * * *; and such highway, together 9967 with the highways designated in Section 65-3-3, and all other laws 9968 adding links to the designated state highway system, are declared 9969 to be the state highway system of Mississippi:
9970 Central District - Kemper County: 9971 That portion of Old Highway 463 from Mississippi
9972 Highway 16 northerly to Mississippi Highway 397.
9973 (2) The Mississippi Department of Transportation * * * shall 9974 take over and assume responsibility for construction and 9975 maintenance of the segment of highway described under subsection
9976 (1) of this section whenever the * * * department certifies that 9977 such segment of highway has been brought up to * * * department 9978 standards and all utilities, signs, structures and other
9979 encroachments on such highway and right-of-way, are removed or 9980 relocated.
9981 SECTION 204. Section 65-3-143.6, Mississippi Code of 1972, 9982 is amended as follows: 9983 65-3-143.6. (1) The following highway is designated as a
9984 state highway and placed under the jurisdiction of the Mississippi
9985 Department of Transportation * * *; and such highway, together 9986 with the highways designated in Section 65-3-3, and all other laws 9987 adding links to the designated state highway system, are declared 9988 to be the state highway system of Mississippi:
9989 Central District - Bolivar and Sunflower Counties: 9990 A roadway segment beginning at or near Shelby and
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 404 (AJT\EW) 9991 extending easterly to at or near Parchman.
9992 (2) The Mississippi Department of Transportation * * * shall 9993 take over and assume responsibility for construction and 9994 maintenance of the segment of highway described under subsection
9995 (1) of this section whenever the * * * department certifies that 9996 such segment of highway has been brought up to * * * department 9997 standards and all utilities, signs, structures and other 9998 encroachments on such highway and right-of-way, are removed or 9999 relocated.
10000 SECTION 205. Section 65-3-143.7, Mississippi Code of 1972, 10001 is amended as follows: 10002 65-3-143.7. (1) The following segment of highway is 10003 designated as a state highway and placed under the jurisdiction of
10004 the Mississippi Department of Transportation * * * for 10005 construction and maintenance; and such highway, together with the 10006 highways designated in Section 65-3-3, and all other laws adding 10007 links to the designated state highway system, are declared to be 10008 the state highway system of Mississippi:
10009 Southern District - Jefferson Davis County: 10010 That portion of Mississippi 42 within the corporate
10011 limits of the Town of Prentiss beginning at the end of 10012 state maintenance on Mississippi 42 at its intersection 10013 with an old abandoned railway and proceeding in a 10014 northeasterly direction along Columbia Avenue 10015 (Mississippi 42) for approximately seven hundred (700)
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 405 (AJT\EW) 10016 feet to the intersection of Columbia Avenue (Mississippi 10017 42) and Third Street.
10018 (2) The Mississippi Department of Transportation * * * shall 10019 take over and assume responsibility for construction and 10020 maintenance of the segment of highway described under subsection
10021 (1) of this section whenever the * * * department certifies that
10022 such segment of highway has been brought up to * * * department 10023 standards and all utilities, signs, structures and other 10024 encroachments on such highway and right-of-way, are removed or 10025 relocated.
10026 SECTION 206. Section 65-3-143.8, Mississippi Code of 1972, 10027 is amended as follows: 10028 65-3-143.8. (1) The following segment of highway is
10029 designated as a state highway and placed under the jurisdiction of
10030 the Mississippi Department of Transportation * * * for 10031 construction and maintenance; and such highway, together with the 10032 highways designated in Section 65-3-3, and all other laws adding 10033 links to the designated state highway system, are declared to be
10034 the state highway system of Mississippi:
10035 Central District - Rankin County: 10036 A three-mile section of Old U.S. 49 beginning at U.S. 80 10037 and extending southerly to new U.S. 49 in the City of 10038 Richland.
10039 (2) The Mississippi Department of Transportation * * * shall 10040 take over and assume responsibility for construction and
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 406 (AJT\EW) 10041 maintenance of the segment of highway described under subsection
10042 (1) of this section whenever the * * * department certifies that 10043 such segment of highway has been brought up to * * * department 10044 standards and all utilities, signs, structures and other 10045 encroachments on such highway and right-of-way, are removed or 10046 relocated.
10047 SECTION 207. Section 65-3-143.9, Mississippi Code of 1972, 10048 is amended as follows: 10049 65-3-143.9. The following segment of highway is designated 10050 as a state highway and placed under the jurisdiction of the
10051 Mississippi Department of Transportation * * * for construction 10052 and maintenance; and such highway, together with the highways 10053 designated in Section 65-3-3, and all other laws adding links to
10054 the designated state highway system, are declared to be the state 10055 highway system of Mississippi:
10056 Northern District - Union County: 10057 An extension of Mississippi 30 in the City of New Albany 10058 beginning at its intersection with Mississippi 178 and
10059 extending east and northerly to its intersection with Sam T. 10060 Barkley Road.
10061 SECTION 208. Section 65-3-143.11, Mississippi Code of 1972, 10062 is amended as follows: 10063 65-3-143.11. (1) The following segment of roadway is 10064 designated as a state highway and placed under the jurisdiction of
10065 the Mississippi Department of Transportation * * * for
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 407 (AJT\EW) 10066 construction and maintenance; and such highway, together with the 10067 highways designated in Section 65-3-3, and all other laws adding 10068 links to the designated state highway system, are declared to be 10069 the state highway system of Mississippi:
10070 Northern District - Lowndes County: 10071 Airport Road beginning at its intersection with
10072 Industrial Park Road and proceeding in a southerly 10073 direction until its intersection with Artesia Road.
10074 (2) The Mississippi Department of Transportation * * * shall 10075 take over and assume responsibility for construction and 10076 maintenance of the segment of highway described under subsection
10077 (1) of this section whenever the * * * department certifies that 10078 such segment of highway has been brought up to * * * department 10079 standards and all utilities, signs, structures and other 10080 encroachments on such highway and right-of-way, are removed or 10081 relocated.
10082 SECTION 209. Section 65-3-143.12, Mississippi Code of 1972, 10083 is amended as follows:
10084 65-3-143.12. The following highway is deleted from the state 10085 highway system, removed from the jurisdiction of the Mississippi
10086 Department of Transportation * * * and returned to the 10087 jurisdiction of the Board of Supervisors of Itawamba County:
10088 Northern District - Itawamba County 10089 Mississippi Highway 379 in Itawamba County.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 408 (AJT\EW) 10090 SECTION 210. Section 65-3-143.13, Mississippi Code of 1972, 10091 is amended as follows: 10092 65-3-143.13. The following segment of highway is deleted 10093 from the state highway system, removed from the jurisdiction of
10094 the Mississippi Department of Transportation * * * and returned to 10095 the jurisdiction of the governing authorities of the City of
10096 Tunica, Mississippi:
10097 Northern District - Tunica County 10098 Mississippi Highway 4 beginning at the west corporate 10099 limits of the City of Tunica, Mississippi, and extending 10100 easterly to U.S. Highway 61, for a total approximate 10101 length of seven-tenths (.7) miles.
10102 SECTION 211. Section 65-3-143.14, Mississippi Code of 1972, 10103 is amended as follows: 10104 65-3-143.14. The following highway is deleted from the state 10105 highway system, removed from the jurisdiction of the Mississippi
10106 Department of Transportation * * * and returned to the 10107 jurisdiction of the Board of Supervisors of Marshall County:
10108 Northern District - Marshall County: 10109 Mississippi Highway 737 beginning on Mississippi 178 at
10110 or near Red Banks, thence through the business district 10111 of Red Banks and ending on Mississippi 178, all in 10112 Marshall County.
10113 SECTION 212. Section 65-3-143.15, Mississippi Code of 1972, 10114 is amended as follows:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 409 (AJT\EW) 10115 65-3-143.15. The following segment of highway is deleted 10116 from the state highway system, removed from the jurisdiction of
10117 the Mississippi Department of Transportation * * * and returned to 10118 the jurisdiction of the Board of Supervisors of Alcorn County:
10119 Northern District - Alcorn County: 10120 Mississippi Highway 351 beginning at its intersection with
10121 Mississippi Highway 2 and extending southerly to the Alcorn/Tippah 10122 County line.
10123 SECTION 213. Section 65-3-143.16, Mississippi Code of 1972, 10124 is amended as follows: 10125 65-3-143.16. (1) The following segment of highway is 10126 designated as a state highway and placed under the jurisdiction of
10127 the Mississippi Department of Transportation * * * for 10128 construction and maintenance; and that highway, together with the 10129 highways designated in Section 65-3-3, and all other laws adding 10130 links to the designated state highway system, are declared to be 10131 the State Highway System of Mississippi:
10132 Northern District - Pontotoc County: 10133 Old Mississippi 6 beginning on the west side of the 10134 City of Pontotoc at its intersection with new
10135 four-lane Mississippi 6 and extending easterly to its 10136 intersection with new Mississippi 6 on the east side 10137 of the City of Pontotoc.
10138 (2) The Mississippi Department of Transportation * * * shall 10139 take over and assume responsibility for construction and
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 410 (AJT\EW) 10140 maintenance of the segment of highway described under subsection
10141 (1) of this section whenever the * * * department certifies that 10142 the segment of highway has been brought up to * * * department 10143 standards and all utilities, signs, structures and other 10144 encroachments on the highway and right-of-way are removed or 10145 relocated.
10146 SECTION 214. Section 65-3-203, Mississippi Code of 1972, is 10147 amended as follows: 10148 65-3-203. (1) The Mississippi Department of Transportation 10149 shall construct to department design standards and may acquire by 10150 gift, purchase or eminent domain proceedings such property as may 10151 be necessary to perform construction of the following described 10152 segment of highway:
10153 Northern District - Prentiss County: 10154 Relocation of Mississippi Highway 30 beginning east of 10155 its intersection with Mississippi Highway 4 and 10156 Mississippi Highway 364, thence proceed southwesterly to 10157 a point on U.S. Highway 45 south of the City of
10158 Booneville. 10159 (2) The mileage of highway specifically designated in
10160 subsection (1) of this section shall be under the jurisdiction of
10161 the Mississippi Department of Transportation * * * for 10162 construction and maintenance and, together with the highways 10163 designated in Sections 65-3-3 and 65-3-5, and all other laws
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 411 (AJT\EW) 10164 adding links to the state designated highway system, are declared 10165 to be the state highway system of Mississippi.
10166 SECTION 215. Section 65-3-205, Mississippi Code of 1972, is 10167 amended as follows: 10168 65-3-205. (1) The Mississippi Department of Transportation 10169 shall construct to department design standards, may perform such
10170 reconstruction as may be required to existing highways and may 10171 acquire by gift, purchase or eminent domain proceedings such 10172 property as may be necessary to provide four (4) lanes for traffic 10173 on and along the following locations:
10174 Northern District - Pontotoc, Lee and Monroe Counties: 10175 Mississippi Highway 6 (Appalachian Corridor V) from 10176 Mississippi Highway 9 easterly to U.S. Highway 45 south
10177 of Tupelo and continuing easterly to existing 10178 Mississippi Highway 6 near Plantersville, a distance of 10179 approximately 10.5 miles, and Mississippi Highway 6 from 10180 the City of Amory to its intersection with U.S. Highway 10181 45 south of Nettleton, including relocation of
10182 Mississippi Highway 6 south of Nettleton, a distance of 10183 approximately 10 miles.
10184 Northern District - Itawamba County: 10185 Mississippi Highway 76 (Appalachian Corridor V) from a 10186 point approximately 5.0 miles northeast of U.S. Highway 10187 78 near the community of Fairview and extending
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 412 (AJT\EW) 10188 northeasterly approximately 11 miles to the Alabama 10189 state line. 10190 (2) The mileage of highways specifically designated in 10191 subsection (1) of this section shall be under the jurisdiction of
10192 the Mississippi Department of Transportation * * * for 10193 construction and maintenance and, together with the highways
10194 designated in Sections 65-3-3 and 65-3-5, and all other laws 10195 adding links to the state designated highway system, are declared 10196 to be the state highway system of Mississippi.
10197 SECTION 216. Section 65-4-13, Mississippi Code of 1972, is 10198 amended as follows: 10199 65-4-13. If, after reviewing the application of the
10200 political subdivision and the report of the * * * Mississippi 10201 Department of Transportation or political subdivision, the board 10202 determines that the application meets the requirements for 10203 approval and should be approved, the board shall notify the
10204 political subdivision and the * * * Mississippi Department of
10205 Transportation of its approval and contracts may be let. Upon 10206 certification by the board that monies currently available in the 10207 Economic Development Highway Fund are sufficient to defray the
10208 costs of the construction or improvement, then contracts with
10209 respect to such work may be executed by the * * * Mississippi 10210 Department of Transportation or political subdivision and work 10211 necessary for the construction or improvement of the highways and
10212 highway segments so approved shall commence by the * * *
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 413 (AJT\EW) 10213 Mississippi Department of Transportation or political subdivision,
10214 as determined by the * * * Mississippi Development Authority. If 10215 the construction or improvement is by a political subdivision, the 10216 State Aid Engineer shall have such work inspected periodically 10217 during the progress of such construction or improvement to ensure 10218 that it meets the standards prescribed in Section 65-4-17,
10219 Mississippi Code of 1972. However, no application shall be 10220 approved by the board if the total costs for constructing or 10221 improving the proposed highways or highway segments to be funded
10222 hereunder, according to estimates in the report of the * * * 10223 Mississippi Department of Transportation or political subdivision, 10224 will exceed monies currently available in the Economic Development 10225 Highway Fund created in Section 65-4-15, Mississippi Code of 1972.
10226 SECTION 217. Section 65-4-19, Mississippi Code of 1972, is 10227 amended as follows:
10228 65-4-19. (1) The * * * Mississippi Department of 10229 Transportation is hereby authorized and directed as follows: on
10230 each transfer date, the * * * Mississippi Department of 10231 Transportation shall transfer from the State Highway Fund into the 10232 appropriate fund specified below the sum equal to the investment
10233 account surplus for such transfer date. During fiscal year 1989, 10234 the investment account surplus sums available for transfer shall 10235 be transferred into the Economic Development Highway Fund created 10236 by Section 65-4-15, until Two Million Dollars ($2,000,000.00) in 10237 the aggregate has been transferred to that fund, and any
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 414 (AJT\EW) 10238 additional investment account surplus sums available for transfer 10239 not exceeding Twenty-five Million Dollars ($25,000,000.00) in the 10240 aggregate shall be transferred into the State General Fund. 10241 During fiscal year 1990 and thereafter, any investment account 10242 surplus sums available for transfer shall be transferred into the 10243 Economic Development Highway Fund.
10244 (2) As used in Sections 65-4-19, 65-4-21 and 65-4-23, the 10245 following terms shall have the following meanings: 10246 (a) "Investment account surplus" means, with respect to 10247 each transfer date, the amount specified in item (ii) of the 10248 definition of transfer date, as set forth below. 10249 (b) "Transfer date" means the second business day
10250 following the delivery to the * * * Commissioner of Transportation 10251 a certificate signed by the State Treasurer to the effect: (i) 10252 that, pursuant to Section 4(c) of Chapter 39, Extraordinary 10253 Session of 1969 (as amended by Section 1 of Chapter 418, Laws of 10254 1976, as amended by Section 1 of Chapter 478, Laws of 1978, and as 10255 amended by Section 1 of Chapter 469, Laws of 1985), the State Bond
10256 Commission of the State of Mississippi has restructured the 10257 investments held in the investment account established pursuant to
10258 such Section 4(c) and relating to the State's Highway Revenue 10259 Refunding Bonds, Series 1985; (ii) that, as a result of such 10260 restructuring and pursuant to such Section 4(c), the State Bond 10261 Commission has declared a specified sum held in such investment 10262 account as being surplus (i.e., as being the investment account
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 415 (AJT\EW) 10263 surplus for such transfer date); (iii) that the State Bond 10264 Commission has applied such investment account surplus to deposit 10265 into the bond fund relating to the State's Highway Revenue 10266 Refunding Bonds, Series 1985, in order to reduce on a 10267 dollar-for-dollar basis the amount of gasoline excise taxes which 10268 must be deposited in such bond fund, or to retention in such
10269 investment account in order to reduce on a dollar for dollar basis 10270 the amount of gasoline excise taxes which must be deposited in 10271 such investment account, or to any combination of such deposit and 10272 retention; (iv) that any portion of the investment account surplus 10273 deposited in such bond fund has been invested pending its 10274 disbursement to pay principal of or interest on such bonds; (v) 10275 that any portion of the investment account surplus retained in
10276 such investment account has been invested pending its disbursement 10277 to purchase United States government obligations which are 10278 scheduled to be held in such investment account; and (vi) that 10279 provision has been made for all interest earnings on investments 10280 of such investment account surplus, pending its disbursement to
10281 pay principal of or interest on such bonds, or pending its 10282 disbursement to purchase United States government obligations
10283 scheduled to be held in such investment account, as the case may 10284 be, to be paid into the State Highway Fund.
10285 SECTION 218. Section 65-7-53, Mississippi Code of 1972, is 10286 amended as follows:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 416 (AJT\EW) 10287 [With regard to any county which is exempt from the 10288 provisions of Section 19-2-3, this section shall read as follows:] 10289 65-7-53. Whenever in the discretion of the board of 10290 supervisors of any county it seems proper so to do, the board may, 10291 by order on its minutes, authorize the commission of any road 10292 district within the county, or the engineer of such commission, to
10293 forbid the use of any hard-surfaced road, or portion thereof, when
10294 under construction or repair. The * * * Mississippi Department of 10295 Transportation or its engineer, when so authorized by the board of 10296 supervisors, may close said road or any portion thereof to travel 10297 by an obstruction placed thereon in such manner as to indicate its
10298 closing, or by a sign marked "closed by order of the * * * 10299 Mississippi Department of Transportation."
10300 [With regard to any county which is required to operate on a 10301 countywide system of road administration as described in Section 10302 19-2-3, this section shall read as follows:] 10303 65-7-53. Whenever in the discretion of the board of 10304 supervisors of any county it seems proper so to do, the board may,
10305 by order on its minutes, authorize the road manager of the county 10306 or the county engineer to forbid the use of any hard-surfaced
10307 road, or portion thereof, when under construction or repair. The 10308 county road manager or the engineer, when so authorized by the 10309 board of supervisors, may close said road or any portion thereof 10310 to travel by an obstruction placed thereon in such manner as to
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 417 (AJT\EW) 10311 indicate its closing, or by a sign marked "closed by order of the 10312 county road manager (or county engineer)."
10313 SECTION 219. Section 65-7-55, Mississippi Code of 1972, is 10314 amended as follows: 10315 65-7-55. Any person who uses such road while the same is 10316 closed, or removes such obstruction or sign, shall be guilty of a
10317 misdemeanor and shall be fined not less than Twenty-five Dollars 10318 ($25.00) and not more than One Hundred Dollars ($100.00), and
10319 shall be responsible in damages to the * * * Mississippi 10320 Department of Transportation for all damage done to the highway in 10321 violation of Section 65-7-53.
10322 SECTION 220. Section 65-9-15, Mississippi Code of 1972, is 10323 amended as follows:
10324 65-9-15. Nothing herein shall prevent any county from 10325 employing, by agreement with not more than four (4) other 10326 counties, the same engineer to act as county engineer for each and 10327 all of said counties so agreeing. Each county engineer shall give 10328 bond, with sufficient surety, to be payable, conditioned and
10329 approved as provided by law, in a penalty not less than Fifty 10330 Thousand Dollars ($50,000.00). If a county engineer is engineer
10331 for two (2) or more counties, the same bond shall serve as said 10332 engineer's bond in and for each county, respectively, and the 10333 premium on said bond and the salary and expenses of such engineer 10334 and assistants shall be divided between and paid by the counties 10335 for whom he is so employed in such proportions as may be agreed
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 418 (AJT\EW) 10336 upon by said counties. In the event any county is unable to 10337 obtain the services of a competent engineer, the Mississippi
10338 Department of Transportation * * * may loan such county an 10339 engineer, if available, for a specified period of time, by 10340 granting such engineer a leave of absence for such period without 10341 loss of any benefits accruing to him by reason of length of
10342 service; and such time so spent on such leave of absence shall be 10343 counted as part of such engineer's length of service with the 10344 Mississippi Department of Transportation. The salary of such 10345 engineer so loaned shall be paid by the county or the counties to 10346 whom he is loaned. 10347 The salary and other expenses, including the premium on all 10348 bonds, of the county engineer and his assistants shall be paid by
10349 the county or counties employing such county engineer and 10350 assistants. Any salary limitations or ceiling heretofore placed 10351 by law on the salary of a county engineer is hereby removed as to 10352 county engineers employed under the terms of this chapter. In 10353 lieu of salary and other expenses, any county may employ a
10354 registered civil engineer on a fee basis for furnishing complete 10355 engineering services on state aid projects. Engineering costs,
10356 including the salaries or fees of the county engineer, incurred on 10357 state aid projects may be paid from state aid funds allocated to 10358 said county or counties, with the methods of payments to be 10359 approved by the State Aid Engineer under regulations promulgated 10360 by the State Aid Engineer; however, unless the project is being
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 419 (AJT\EW) 10361 partially funded with federal funds, no such costs shall be paid 10362 to the county from state aid funds prior to the approval for 10363 advertisement for bids for a project by the State Aid Engineer. 10364 If the project is being partially funded with federal funds, the 10365 State Aid Engineer may approve payment of a portion of such costs 10366 from state aid funds prior to the approval for advertisement for
10367 bids.
10368 SECTION 221. Section 65-9-29, Mississippi Code of 1972, is 10369 amended as follows: 10370 65-9-29. (1) Federal aid secondary funds allocated to 10371 Mississippi and to be expended on the federal aid secondary system 10372 roads shall be expended as follows: 10373 (a) Effective only upon the passage of an act of the
10374 Legislature providing state aid funds, federal aid secondary funds 10375 allocated to Mississippi and to be expended on the federal aid 10376 secondary system shall be divided between the Mississippi 10377 Department of Transportation and the several counties, so that 10378 fifty percent (50%) will be matched by the Mississippi Department
10379 of Transportation and expended on the federal aid secondary system 10380 roads on the state highway system, and fifty percent (50%) matched
10381 by the counties with state aid funds and expended on the federal 10382 aid secondary roads of the state aid road system. 10383 (b) Such division will be made upon allocation by the 10384 Administrator of the Federal Highway Administration after the 10385 Department of Transportation provides for the matching of the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 420 (AJT\EW) 10386 percent of such allotment as covered by federal act and available 10387 for financing in part the Mississippi Department of 10388 Transportation's Division of Highway Planning. The expenditure of 10389 all federal aid secondary funds shall be through and under the 10390 Department of Transportation, subject to and in accordance with 10391 all rules and regulations and applicable laws of the federal
10392 government. 10393 (c) The amount of funds allocated to each county for 10394 use on State Aid System roads shall be apportioned among the 10395 counties of this state by the Mississippi Department of
10396 Transportation * * * subject to and in accordance with applicable 10397 federal law, rules and regulations, and limited to such counties 10398 as recommended by the State Aid Engineer. The Mississippi
10399 Department of Transportation * * * is authorized to finance from 10400 its own funds the preliminary surveys, engineering and plans for 10401 all work involving funds expended on federal aid secondary 10402 projects on the state aid road system, and the rights-of-way 10403 required for state aid system roads constructed with federal aid
10404 secondary funds shall be provided by the county receiving such aid 10405 from its funds other than state aid funds. The Mississippi
10406 Department of Transportation * * * shall program federal aid 10407 secondary funds made available to the counties under this act on 10408 such projects and limited to such counties as recommended by the 10409 State Aid Engineer.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 421 (AJT\EW) 10410 (2) Federal "safer off-system" funds, and/or any other 10411 available federal road funds, except the federal aid secondary 10412 funds hereinabove provided for separately, allocated to 10413 Mississippi and to be expended on county roads, but not on the 10414 designated state highway system, shall be expended as follows: 10415 (a) Federal "safer off-system" funds and/or any such
10416 other available federal road funds shall be matched with available 10417 state aid funds and expended on such county roads. 10418 (b) The expenditure of such federal "safer off-system" 10419 funds and all such other available federal road funds shall be 10420 through and under the Mississippi Department of Transportation, 10421 subject to, and in accordance with, all rules and regulations and 10422 applicable laws of the federal government.
10423 (c) The amount of such federal "safer off-system" funds 10424 and/or all such other available federal road funds allocated to 10425 each county for use on such county roads shall be apportioned 10426 among the counties of this state by the Mississippi Department of
10427 Transportation * * * in accordance with the formula in the manner 10428 provided in Section 65-9-3, Mississippi Code of 1972. The
10429 Mississippi Department of Transportation * * * will program such 10430 federal "safer off-system" funds and all such other available 10431 federal road funds made available to the counties on such projects 10432 and limited to such counties as recommended by the State Aid 10433 Engineer.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 422 (AJT\EW) 10434 (3) Federal aid off-system highway funds allocated to
10435 Mississippi, * * * except federal aid secondary funds and federal 10436 "safer off-system" funds provided for separately in subsections
10437 (1) and (2) of this section * * *, including federal bridge 10438 replacement funds and other special grants made available for 10439 expenditure of county roads, shall be expended as follows:
10440 (a) Federal aid off-system highway funds expended on 10441 state aid roads shall be matched with available state aid funds 10442 and/or other available local funds, or as otherwise provided in 10443 Section 65-1-70, Mississippi Code of 1972. 10444 (b) Federal aid off-system highway funds available for 10445 expenditure on roads not on the state aid system and not eligible 10446 for inclusion on the state aid system shall be matched with
10447 available local funds, or as otherwise provided in Section 65-9-17 10448 or Section 65-1-70, Mississippi Code of 1972. 10449 (c) The expenditure of all federal off-system highway 10450 funds on county roads shall be programmed by the Mississippi
10451 Department of Transportation * * *, subject to and in accordance 10452 with applicable federal law, rules and regulations, and limited to 10453 such county projects as recommended by the State Aid Engineer.
10454 The State Aid Engineer is authorized to assign state aid personnel 10455 to administer off-system construction projects and other special 10456 federal aid program requirements in the same manner and under the 10457 same provisions and conditions as other projects authorized under 10458 this chapter.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 423 (AJT\EW) 10459 SECTION 222. Section 65-9-33, Mississippi Code of 1972, is 10460 amended as follows: 10461 65-9-33. In addition to any authority granted to the 10462 Division of State Aid Road Construction in Chapter 9, Title 65, 10463 Mississippi Code of 1972, and notwithstanding any general 10464 prohibition contained therein with respect to the administration
10465 by the division of certain federal funds on designated state 10466 highways, the division is authorized and empowered to administer a 10467 project utilizing available federal funds to reconstruct that 10468 portion of designated Mississippi Highway 182 in Lowndes County, 10469 Mississippi, that spans the Tombigbee River on Federal Aid Urban 10470 Route Number 9539, jurisdiction for the maintenance of which is, 10471 on March 12, 1990, vested in Lowndes County pursuant to an
10472 agreement executed by the county, the * * * Mississippi Department 10473 of Transportation and the City of Columbus.
10474 SECTION 223. Section 65-11-5, Mississippi Code of 1972, is 10475 amended as follows: 10476 65-11-5. It being recognized that county highways generally
10477 have deteriorated to a considerable extent during the past several 10478 years, and it being further recognized that the selection,
10479 construction, and improvement of a system of all-weather rural 10480 secondary, feeder, or farm-to-market roads is a matter of primary 10481 state-wide concern, it is hereby declared to be the purpose of 10482 Sections 65-11-1 through 65-11-37 to provide for a more 10483 comprehensive rural-road program through cooperation between the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 424 (AJT\EW) 10484 federal government, the * * * Mississippi Department of 10485 Transportation, and the county boards of supervisors; and it is 10486 further the purpose and intent of said sections to provide a 10487 means, manner, and funds whereby the counties of this state will 10488 be enabled to participate in the federal aid program, and will be 10489 enabled to participate in and avail themselves of the funds
10490 apportioned to the State of Mississippi for the construction and 10491 improvement of secondary and feeder roads, including 10492 farm-to-market roads, rural mail routes, and public school bus 10493 routes, under the terms of the Federal Aid Highway Act of 1944 [58 10494 U.S. Stat. 838, ch. 626]. It is hereby declared to be the intent 10495 and purpose of the cited sections that, insofar as permissible 10496 under federal laws, rules, and regulations, not less than fifty
10497 per cent (50%) of the funds apportioned to Mississippi for 10498 secondary and feeder roads under the terms of subsection (b), 10499 Section 3, of the Federal Aid Highway Act of 1944 [58 U.S. Stat. 10500 838, ch. 626] should be expended for the construction and 10501 improvement of county highways as defined in said sections.
10502 SECTION 224. Section 65-11-7, Mississippi Code of 1972, is 10503 amended as follows:
10504 65-11-7. There is hereby created a system of county federal 10505 aid highways, for the purposes of Sections 65-11-1 through 10506 65-11-37, and the county highways which shall comprise and 10507 constitute such system shall be selected jointly by the boards of
10508 supervisors of the various counties and the * * * Mississippi
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 425 (AJT\EW) 10509 Department of Transportation, as same may be supplemented from 10510 time to time. Projects for the construction and improvement of 10511 such county highways shall likewise be selected jointly by the
10512 several boards of supervisors and the * * * Mississippi Department 10513 of Transportation, provided however, that in all cases where such 10514 system and projects thereon have been heretofore selected and
10515 agreed upon by the several boards of supervisors and the * * * 10516 Mississippi Department of Transportation as required by the 10517 Federal Aid Highway Act of 1944 [58 U.S. Stat. 838, ch. 626], the 10518 highways thereby selected shall constitute the roads in the 10519 affected counties which shall be a part of the county federal aid 10520 highway system, and such selections and agreements are hereby 10521 ratified and approved.
10522 SECTION 225. Section 65-11-9, Mississippi Code of 1972, is 10523 amended as follows:
10524 65-11-9. The * * * Mississippi Department of Transportation 10525 shall determine what proportion of the funds allotted to the State 10526 of Mississippi for the improvement of secondary and feeder roads
10527 under subsection (b), Section 3, of the Federal Aid Highway Act of 10528 1944 [53 U.S. Stat. 838, ch. 626], shall be expended upon the
10529 improvement of highways on the county federal aid highway system; 10530 however, not less than fifty percent (50%) of the amount so 10531 apportioned to Mississippi under said act shall be apportioned for 10532 expenditure among the counties for the improvement of roads on the 10533 county federal aid highway system; if the amount apportioned by
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 426 (AJT\EW) 10534 the state to the state highway fund to carry out the purposes of 10535 Sections 65-11-1 through 65-11-37 should be less than fifty 10536 percent (50%) of the amount apportioned to Mississippi for 10537 secondary and feeder roads under said act, then the amount of 10538 federal funds apportioned to the counties for the improvement of 10539 roads on the county federal aid highway system may be less than
10540 fifty percent (50%) of such federal funds, but shall not be less 10541 than the amount of such state appropriation.
10542 SECTION 226. Section 65-11-11, Mississippi Code of 1972, is 10543 amended as follows: 10544 65-11-11. The amount of federal funds made available to the 10545 State of Mississippi for secondary and feeder roads under the 10546 Federal Aid Highway Act of 1944 [58 U.S. Stat. 838, ch. 626] which
10547 is allotted to the counties as provided in Section 65-11-9, shall
10548 be apportioned among the counties of this state by the * * * 10549 Mississippi Department of Transportation in the following manner: 10550 one-third (1/3) in the ratio which the area of each county bears 10551 to the total area of the state; one-third (1/3) in the ratio which
10552 the rural population of each county bears to the total rural 10553 population of the state, as shown by the federal census of 1940;
10554 and one-third (1/3) in the ratio which the mileage of rural 10555 delivery and star routes in each county bears to the total mileage 10556 of rural delivery and star routes in the state. The amount of 10557 federal funds so apportioned to each county shall be matched by 10558 state funds apportioned to the State Highway Fund to carry out the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 427 (AJT\EW) 10559 purposes of Sections 65-11-1 through 65-11-37 as hereinafter 10560 provided; in the event the amount so appropriated for such State 10561 Highway Fund is insufficient to entirely match the federal funds 10562 allotted to county highways, then the amount of such fund shall be 10563 apportioned among the counties in the same manner as herein 10564 provided. "Rural population" and "rural delivery" routes as used
10565 in this section shall have the same meaning ascribed to them in 10566 the Federal Aid Highway Act of 1944 [58 U.S. Stat. 838, ch. 626].
10567 SECTION 227. Section 65-11-13, Mississippi Code of 1972, is 10568 amended as follows: 10569 65-11-13. The projects upon such county federal aid highway 10570 system shall be selected jointly by the several boards of
10571 supervisors and the * * * Mississippi Department of Transportation 10572 in conformity with the applicable laws, rules, and regulations of 10573 the federal government and the public roads administration, of the 10574 federal works agency, or any other authorized agency of the 10575 federal government. The order of the construction and completion 10576 of such projects shall likewise be determined jointly by the
10577 several boards of supervisors and the * * * Mississippi Department 10578 of Transportation in conformity with such laws, rules, and
10579 regulations; the * * * Mississippi Department of Transportation 10580 shall first call upon the several boards of supervisors to select 10581 and recommend a series of projects in the respective counties in 10582 the order in which, in the opinion of the board or a majority 10583 thereof, the projects should be constructed. Such selections and
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 428 (AJT\EW) 10584 recommendations shall be examined and analyzed by the * * * 10585 Mississippi Department of Transportation and, if found to be 10586 proper and correct based on the relative use and importance of
10587 such roads, shall be approved by the * * * Mississippi Department 10588 of Transportation.
10589 SECTION 228. Section 65-11-15, Mississippi Code of 1972, is 10590 amended as follows:
10591 65-11-15. The * * * Mississippi Department of Transportation 10592 shall notify the board of supervisors of each county of the amount 10593 of money to be available for expenditure in such county from said 10594 federal apportionment, and of the amount of money available from 10595 the appropriation made to the State Highway Fund as the state's 10596 share of the federal aid program on secondary and feeder roads.
10597 Within three months after the receipt of such notice, the board of
10598 supervisors of each county shall submit to the * * * Mississippi 10599 Department of Transportation a description of the recommended 10600 projects on county highways in such county which are approved by 10601 the county and recommended for selection and designation for
10602 participation in federal aid under the Federal Aid Highway Act of 10603 1944 [58 U.S. Stat. 838, ch. 626]. In the selection of such
10604 projects and in the recommendation of the order of their 10605 improvement, the boards of supervisors shall select projects which 10606 will be of the greatest benefit to the county as a whole, judged 10607 from the standpoint of relative use and importance, without regard 10608 to district or beat lines, insofar as same is consistent with the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 429 (AJT\EW) 10609 rules and regulations of the public roads administration of the 10610 federal works agency. All such projects and the order of their
10611 inauguration shall be subject to the approval of the * * * 10612 Mississippi Department of Transportation as provided in Section 10613 65-11-13.
10614 SECTION 229. Section 65-11-17, Mississippi Code of 1972, is 10615 amended as follows: 10616 65-11-17. The board of supervisors of the several counties
10617 and the * * * Mississippi Department of Transportation are hereby 10618 authorized and directed to enter into such contracts and 10619 cooperative agreements with each other and with any appropriate 10620 federal agency that may be necessary to carry out the purposes of 10621 Sections 65-11-1 through 65-11-37 and that may be necessary to
10622 enable the state and counties to participate in and avail 10623 themselves of any funds apportioned to the state under the Federal 10624 Aid Highway Act of 1944 [58 U.S. Stat. 838, ch. 626]. The boards
10625 of supervisors and the * * * Mississippi Department of 10626 Transportation are further authorized and directed to do any and
10627 all other things that may be necessary to carry out the purposes 10628 of said sections, within their respective jurisdictions. It is
10629 hereby expressly declared that nothing contained in the cited 10630 sections shall be deemed to convert any highway into a state 10631 highway or to place same on the state highway system unless and 10632 until such highway is placed on the state system in the manner 10633 prescribed by law; nor shall any action or step taken under the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 430 (AJT\EW) 10634 provisions of such sections (including the improvement or 10635 construction of any county highway) convert any highway into a 10636 state highway.
10637 SECTION 230. Section 65-11-19, Mississippi Code of 1972, is 10638 amended as follows: 10639 65-11-19. After the selection and determination of the
10640 projects in the manner prescribed in Sections 65-11-1 through
10641 65-11-37, the * * * Mississippi Department of Transportation shall 10642 prepare and submit to the commissioner of public roads of the 10643 public roads administration for approval detailed programs of such 10644 proposed projects for the utilization of any apportionment of 10645 funds made to the state under the provisions of subsection (b) of 10646 Section 3 of the Federal Aid Highway Act of 1944 [58 U.S. Stat.
10647 838, ch. 626], same to be done in the manner and in the form 10648 required by the applicable federal laws, rules, and regulations.
10649 SECTION 231. Section 65-11-21, Mississippi Code of 1972, is 10650 amended as follows:
10651 65-11-21. The * * * Mississippi Department of Transportation 10652 is hereby authorized and directed to prepare all necessary 10653 surveys, plans, specifications, and estimates for all projects
10654 upon county highways, to furnish engineering and technical 10655 assistance for the preparation of such surveys, plans, 10656 specifications, and estimates, and to supervise the construction 10657 of all projects upon county highways under the provisions of 10658 Sections 65-11-1 through 65-11-37; the cost and expense of such
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 431 (AJT\EW) 10659 surveys, plans, specifications, estimates, and the supervision of 10660 projects shall be paid from the federal aid or state appropriated 10661 funds allocated for such project, or from any other funds that the 10662 county might have available for such purpose.
10663 SECTION 232. Section 65-11-23, Mississippi Code of 1972, is 10664 amended as follows:
10665 65-11-23. All contracts for the construction of projects 10666 under the terms and provisions of Sections 65-11-1 through
10667 65-11-37 shall be let and awarded by the * * * Mississippi 10668 Department of Transportation in the manner and method now provided 10669 by law for the awarding of contracts for the improvement and 10670 construction of highways on the state highway system; and the cost 10671 and expense of the letting of such contracts shall be paid from
10672 the federal aid or state appropriated funds allocated for such 10673 project, or from any other funds that the county might have 10674 available for such purpose.
10675 SECTION 233. Section 65-11-25, Mississippi Code of 1972, is 10676 amended as follows:
10677 65-11-25. If the amount apportioned to any county from 10678 federal aid funds for the purposes mentioned above shall exceed
10679 the amount made available to such county from state appropriated 10680 funds, then the board of supervisors of such county is hereby 10681 authorized and empowered, in its discretion, to use and expend any 10682 county road and bridge funds, or any funds available in the 10683 general fund of such county, to increase or enlarge the county
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 432 (AJT\EW) 10684 highway construction program in such county and to match any 10685 federal aid funds not matched by state appropriated funds. All 10686 such additional funds shall be remitted and turned over by the 10687 board of supervisors to the State Treasurer to be deposited in the 10688 state highway fund and to be used exclusively in said county on 10689 projects on county highways approved by the board of supervisors,
10690 the * * * Mississippi Department of Transportation, and the public 10691 roads administration, it being the intention of this section to 10692 authorize and empower the board of supervisors of any county to 10693 supplement the funds provided for the construction or improvement 10694 of projects on secondary or feeder roads in said county out of any 10695 funds which the county might have available at the time. For the 10696 purpose of providing such supplemental or additional funds, the
10697 board of supervisors of any county is hereby authorized and 10698 empowered, in its discretion, to issue the road or road and bridge 10699 bonds of such county in any lawful amount, said bonds to be issued 10700 in all respects in the manner and method, and subject to the 10701 restrictions and conditions, now provided by law for the issuance
10702 of county road or road and bridge bonds, and shall be payable from 10703 the same sources of revenue.
10704 SECTION 234. Section 65-11-27, Mississippi Code of 1972, is 10705 amended as follows: 10706 65-11-27. If the board of supervisors of any county notify
10707 the * * * Mississippi Department of Transportation that it refuses 10708 to accept the benefits of Sections 65-11-1 through 65-11-37 on the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 433 (AJT\EW) 10709 terms and conditions specified therein and in the federal laws, 10710 rules, and regulations, or if any county shall fail to submit a 10711 description of recommended projects as required by Section 10712 65-11-15, the amount of the appropriation made by the state for 10713 the purposes hereof and the amount available from federal aid 10714 funds which has been apportioned to such county may be expended in
10715 the discretion of the * * * Mississippi Department of 10716 Transportation on any other highway, state or county, on the 10717 approved system of secondary and feeder roads within or without
10718 such county; however, the * * * Mississippi Department of 10719 Transportation may grant an additional three months for the filing 10720 of the description of projects, provided such extension shall not 10721 cause a lapse of federal aid funds apportioned to this state by
10722 reason of the expiration of a federal fiscal year.
10723 SECTION 235. Section 65-11-29, Mississippi Code of 1972, is 10724 amended as follows: 10725 65-11-29. Any county may, by resolution of its board of 10726 supervisors, request that all or any portion of the monies
10727 available for expenditure in such county from federal aid and 10728 state appropriated funds be expended on any state highway in such
10729 county which is on the approved system of secondary and feeder
10730 roads. In that event, the * * * Mississippi Department of 10731 Transportation may expend such money on such state highway in 10732 accordance with the provisions of the Federal Aid Highway Act of 10733 1944 [58 U. S. Stat. 838, ch. 626] and the rules and regulations
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 434 (AJT\EW) 10734 promulgated pursuant thereto, notwithstanding any provision of 10735 Sections 65-11-1 through 65-11-37 to the contrary.
10736 SECTION 236. Section 65-11-31, Mississippi Code of 1972, is 10737 amended as follows: 10738 65-11-31. Any county, acting through its board of 10739 supervisors, may enter into an agreement with any other county or
10740 counties, or with any road or highway district, or any other 10741 public agency for the expenditure of a part or all of the monies 10742 available pursuant to Sections 65-11-1 through 65-11-37 for 10743 expenditure in such county or any public highway outside the 10744 boundaries of such county, if such highway is eligible for federal 10745 aid under subsection (b) of Section 3 of the Federal Aid Highway 10746 Act of 1944 [58 U.S. Stat. 838, ch. 626]. In that event,
10747 the * * * Mississippi Department of Transportation is authorized 10748 and empowered to expend such monies in accordance with such 10749 agreement.
10750 SECTION 237. Section 65-11-35, Mississippi Code of 1972, is 10751 amended as follows:
10752 65-11-35. All * * * monies that shall be appropriated for 10753 the purposes of Sections 65-11-1 through 65-11-37 shall be paid
10754 into the State Highway Fund, as shall all other * * * monies that 10755 shall be paid for said purposes as a result of any other law,
10756 state or federal, and all * * * monies which shall accrue from any 10757 other source for such purposes. All expenditures of state funds 10758 contemplated by the aforesaid sections shall be made from such
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 435 (AJT\EW) 10759 fund, and such * * * monies shall be paid out by the * * * 10760 Mississippi Department of Transportation, acting through its 10761 director, in the manner and method now provided by law.
10762 SECTION 238. Section 65-11-37, Mississippi Code of 1972, is 10763 amended as follows: 10764 65-11-37. All highways constructed under the provisions of
10765 Sections 65-11-1 through 65-11-37, including those constructed 10766 under the provisions of Sections 65-11-27 through 65-11-31, may be
10767 constructed by the * * * Mississippi Department of Transportation 10768 without regard to any group priority of construction which is now 10769 or may hereafter be provided by law.
10770 SECTION 239. Section 65-11-61, Mississippi Code of 1972, is 10771 amended as follows:
10772 65-11-61. The purpose of this section is to authorize
10773 the * * * Mississippi Department of Transportation to repair 10774 roadbed, surfacing, and bridges being constructed as 10775 farm-to-market projects under the provisions of the County Highway 10776 Aid Law of 1946, Sections 65-11-1 through 65-11-37. Said roadbed,
10777 surfacing, and bridges having been damaged by excessive floods 10778 before final acceptance of the projects and no provision being
10779 made by law for their repair, this section is intended as 10780 supplemental to said 1946 law.
10781 The * * * Mississippi Department of Transportation is 10782 authorized, in its discretion, to repair any roadbeds which have 10783 been damaged by floods on roads built under the provisions of the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 436 (AJT\EW) 10784 cited sections, out of any monies on hand from the appropriation 10785 to carry out the provisions of said sections to the credit of the 10786 county in which said road is situated.
10787 SECTION 240. Section 65-17-203, Mississippi Code of 1972, is 10788 amended as follows: 10789 65-17-203. The duties of the county engineer shall be to
10790 prepare all plans and estimates for the construction of bridges 10791 and superintend their construction, to make all estimates and 10792 plans of work to be done in the construction and maintenance of 10793 roads and superintend the work, to go over the report to the board 10794 of supervisors what work should be done to properly upkeep and 10795 maintain all roads and bridges in the county, and to check over 10796 and report to the board of supervisors on all estimates before
10797 payment by the board of supervisors of all work done on public 10798 roads. 10799 The engineer may be required to furnish plans and estimates, 10800 and may superintend the construction of any road under the
10801 supervision of the * * * Mississippi Department of Transportation,
10802 if the * * * department may so elect. The purpose of this section 10803 is to provide a means whereby the board of supervisors and
10804 the * * * department may co-operate in such work, when same can be 10805 done, and reduce the expense of construction of any road.
10806 SECTION 241. Section 65-23-1, Mississippi Code of 1972, is 10807 amended as follows:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 437 (AJT\EW) 10808 65-23-1. Any municipality, * * * the Mississippi Department 10809 of Transportation, or county, severally or acting with other 10810 authorized agencies in this or adjoining states, may acquire, own, 10811 operate, construct, or aid in the construction in whole or in part 10812 improving and extending, and maintain toll bridges or free 10813 bridges, including the approaches thereto, either within such
10814 political subdivision or within five miles adjacent to the 10815 territory over which such public agency or subdivision has 10816 jurisdiction, which bridges shall extend over any of the rivers 10817 and waters in or forming the boundary of this and other states.
10818 SECTION 242. Section 65-23-11, Mississippi Code of 1972, is 10819 amended as follows:
10820 65-23-11. The * * * Mississippi Department of Transportation 10821 may, when in its opinion the best interest of the state requires, 10822 contribute such an amount of the cost of the construction of such 10823 bridge or bridges as it may determine would be to the best 10824 interest of the State of Mississippi when such bridge forms a part 10825 of or a continuation of the state highway system, or is so
10826 connected with the state highway system through the streets of a 10827 municipality leading from the approaches of such bridge to the
10828 state highway system, and may incorporate any such toll bridge
10829 into the state highway system. Such * * * Mississippi Department 10830 of Transportation may, in whole or in part, maintain such bridge 10831 as a part of the state highway system, or may leave the 10832 maintenance of such bridge to the municipality or other political
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 438 (AJT\EW) 10833 body acting jointly with such * * * Mississippi Department of 10834 Transportation in the financing and operation of such bridge. In
10835 event that the * * * Mississippi Department of Transportation 10836 shall contribute any sums of money towards the creation or
10837 acquisition of such bridge and the approaches thereto, said * * * 10838 Mississippi Department of Transportation may or may not, in its
10839 discretion, require the repayment of such funds through tolls
10840 collected, together with interest on such * * * monies so advanced 10841 or donated at a rate, to be determined by said * * * Mississippi 10842 Department of Transportation, not to exceed said amount of six and 10843 one-half percent (6-1/2%).
10844 SECTION 243. Section 65-23-17, Mississippi Code of 1972, is 10845 amended as follows:
10846 65-23-17. Any municipality, county, parish, highway
10847 commission * * * or other political authority in an adjoining 10848 state which has been properly authorized by the laws of that state 10849 and the United States may exercise in the State of Mississippi any 10850 and all the powers granted in this article to municipalities and
10851 other public bodies in Mississippi, subject to the conditions and 10852 requirements of this article. In event that the powers granted
10853 under this article are exercised solely by a municipality or 10854 county, then same shall be exercised by the governing authority of 10855 such municipality or county; and in the event that same are 10856 exercised jointly, then same shall be exercised jointly by the 10857 governing authorities of such political subdivisions.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 439 (AJT\EW) 10858 SECTION 244. Section 65-23-201, Mississippi Code of 1972, is 10859 amended as follows: 10860 65-23-201. When fifty (50) or more owners of real property 10861 within a proposed district shall file a petition with the chancery 10862 court of the county in which the largest portion of the lands of 10863 the proposed district are situated, seeking to establish a bridge
10864 district for the purpose of constructing, maintaining, and 10865 operating an interstate bridge and the approaches thereto 10866 embracing their property, said petition shall describe the region 10867 or area to be embraced within said district and describe generally 10868 the location of said bridge, the proposed plan of financing the 10869 construction, maintenance, and operation of said bridge, together 10870 with a general idea of its character and expenses, accompanied by
10871 a certificate or resolution from the * * * Mississippi Department 10872 of Transportation showing the need and necessity for the 10873 construction of such bridge; then it shall be the duty of the 10874 clerk of the chancery court to enter upon its records an evidence 10875 of having filed the petition. After having filed said petition,
10876 said property owners or their representatives shall apply to the 10877 chancellor in vacation or term time for an order fixing a day and
10878 date for a hearing on said petition to determine whether or not 10879 the petition should be granted or denied. The chancery clerk, 10880 after having received the order fixing a day and date for such 10881 hearing, shall thereupon give notice by publication once each week 10882 for three consecutive weeks in some newspaper published and having
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 440 (AJT\EW) 10883 a general circulation in the county or counties within which the 10884 lands of the proposed district are situated, notifying all persons 10885 owning property therein to appear before the chancery court on the 10886 day and date fixed by said court to show cause in favor of or 10887 against the establishment of said district. At the time named in 10888 said notice, the chancery court shall meet and hear all property
10889 owners within the proposed district who wish to appear for or 10890 against the establishment of the district. If it is deemed to the 10891 best interest of the owners of real property within said district 10892 that the same shall be created under the provisions of this 10893 article the court shall enter an order establishing the district 10894 as an interstate bridge district, which shall be subject to all of 10895 the terms and provisions of this article. Any landowner feeling
10896 aggrieved by the order of the court shall have the right of appeal 10897 within thirty days from the date the order was entered, and such 10898 appeal may be prosecuted in the manner now provided by law.
10899 SECTION 245. Section 65-23-225, Mississippi Code of 1972, is 10900 amended as follows:
10901 65-23-225. The board of commissioners herein created are 10902 hereby granted the right and power to construct, operate, and
10903 maintain said bridge as a toll bridge, and shall have the power to 10904 fix and determine, subject to the terms and provisions of the 10905 General Bridge Authority Act of Congress, approved August 2, 1946, 10906 and any laws amendatory thereof, the tolls to be charged for 10907 transit over such bridge for motor-propelled vehicles, wagons,
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 441 (AJT\EW) 10908 carriages, animals, foot passengers, pipe line or lines, or other 10909 persons, firms, or corporations using such bridge; and the rates 10910 so prescribed shall be the legal rates demanded and received for 10911 such transit. The rates for such tolls may be increased or 10912 decreased from time to time by the board of commissioners, 10913 subject, however, to the terms and provisions of the
10914 above-mentioned act of Congress. The board of commissioners shall 10915 make an annual report of all tolls collected to a trustee or
10916 trustees representing the bond holders and to the * * * 10917 Mississippi Department of Transportation, and one copy of said 10918 report shall be filed with the clerk of the chancery court of the 10919 county in which the bridge is located. When the bonded 10920 indebtedness and all claims and liability have been fully paid and
10921 discharged, said bridge shall become a free bridge. The board of 10922 commissioners shall thereupon convey all its right, title, and
10923 interest in said bridge to the * * * Mississippi Department of 10924 Transportation, and * * * the department shall maintain and 10925 operate said bridge as a part of its highway system without cost
10926 to the individual user thereof. The tolls so charged and collected 10927 for the use of such bridge shall be used as follows:
10928 (a) To the payment of the reasonable cost of 10929 maintaining, repairing, and operating the bridge and approaches 10930 thereto, under economical management; 10931 (b) To the payment of the principal and interest on the 10932 bonded indebtedness; and
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 442 (AJT\EW) 10933 (c) The balance, if any, to be placed in an interest 10934 and sinking fund to be used for future maintenance and operations 10935 and the retirement of the bonded indebtedness.
10936 SECTION 246. Section 65-23-227, Mississippi Code of 1972, is 10937 amended as follows: 10938 65-23-227. For the purpose of carrying into effect the
10939 objects and purposes of this article the board of commissioners 10940 shall have full power and authority to negotiate and enter into 10941 contract or contracts with the federal government or any of its
10942 agencies, the * * * Mississippi Department of Transportation, the 10943 state highway commission of any adjoining state where said bridge 10944 may be located, any counties, cities, or town of the State of 10945 Mississippi or of any adjoining state whereby the district may
10946 receive financial aid in the construction, maintenance, and 10947 operation of said bridge and approaches thereto; to contract for 10948 the joint ownership thereof and the means and manner of operating 10949 and maintaining said bridge and approaches thereto. The powers 10950 herein granted to the board of commissioners shall have broad and
10951 liberal construction for the purpose of carrying out the 10952 provisions of this article.
10953 SECTION 247. Section 65-25-21, Mississippi Code of 1972, is 10954 amended as follows: 10955 65-25-21. The governing body of any municipality issuing its 10956 bonds under the provisions of this article is hereby authorized to 10957 fix and to revise from time to time tolls for transit over such
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 443 (AJT\EW) 10958 bridges, to charge and collect the same, and to contract with any 10959 person, partnership, association, or corporation desiring the use 10960 of any bridge, its approaches, appurtenances, or any part thereof 10961 for placing thereon water, gas, oil pipe lines, telephone, 10962 telegraph, electric light or power lines, railroad or street 10963 railway tracks, or for any other purpose, and to fix the terms,
10964 conditions, rates, and charges for such use. Such tolls shall be 10965 so fixed and adjusted, in respect of the aggregate of tolls from 10966 the bridge or bridges for which a single issue of bonds is issued, 10967 as to provide a fund sufficient, with other revenues of the bridge 10968 or bridges, if any, to pay (a) the cost of maintaining, repairing, 10969 and operating such bridge or bridges unless such cost shall be 10970 otherwise provided for, and (b) the bonds and the interest thereon
10971 as the same become due, subject, however, to any applicable law or 10972 regulation of the United States of America now in force or 10973 hereafter to be enacted or made. Such tolls shall not be subject 10974 to supervision or regulation by any state commission, board, 10975 bureau, or agency. The tolls from the bridge or bridges for which
10976 a single issue of bonds is issued, except such part thereof as may 10977 be required to pay the cost of maintaining, repairing, and
10978 operating the bridge or bridges and to provide such reserves 10979 therefor as may be provided in the resolution authorizing the 10980 issuance of the bonds or in the trust indenture, shall be set 10981 aside at such regular intervals as may be provided in such 10982 resolution or such trust indenture, in a sinking fund which is
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 444 (AJT\EW) 10983 hereby pledged to, and charged with the payment of, (1) the 10984 interest upon such bonds as such interest shall fall due, (2) the 10985 principal of the bonds as the same shall fall due, (3) the 10986 necessary fiscal agency charges for paying principal and interest, 10987 and (4) any premium upon bonds retired by call or purchase as 10988 herein provided. The use and disposition of such sinking fund
10989 shall be subject to such regulations as may be provided in the 10990 resolution authorizing the issuance of bonds or in the trust 10991 indenture, but, except as may otherwise be provided in such 10992 resolution or trust indenture, such sinking fund shall be a fund 10993 for the benefit of all bonds without distinction or priority of 10994 one over another. Subject to the provisions of the resolution 10995 authorizing the issuance of bonds or of the trust indenture,
10996 any * * * monies in such sinking fund in excess of an amount equal 10997 to one year's interest on all bonds then outstanding may be 10998 applied to the purchase or redemption of bonds. All bonds so 10999 purchased or redeemed shall forthwith be cancelled and shall not 11000 again be issued.
11001 Upon the letting of a contract for the construction of a 11002 bridge under the provisions of this article, it shall be the duty
11003 of * * * the Mississippi Department of Transportation to proceed 11004 with the construction of any highways which may be necessary to 11005 connect such bridge with the highway system of the state and to 11006 complete the construction of such connecting highway or highways 11007 on or before the date such bridge shall be opened for traffic.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 445 (AJT\EW) 11008 SECTION 248. Section 65-25-23, Mississippi Code of 1972, is 11009 amended as follows: 11010 65-25-23. Notwithstanding any of the foregoing provisions of 11011 Section 65-25-21, any municipality other than the state may, by 11012 resolution or ordinance passed prior or subsequent to the issuance 11013 of its bonds under the provisions of this article, or by such
11014 trust indenture, covenant to contribute funds apart from bridge 11015 earnings to pay all or any part of the cost of maintaining, 11016 repairing, and operating any bridge or bridges acquired, 11017 constructed, or improved by it under the provisions of this 11018 article, and may likewise covenant to make such contribution to 11019 the payment of bonds and the interest thereon issued pursuant to 11020 this article, by another municipality. Such covenant, authorized
11021 by such resolution, ordinance, or trust indenture, shall have the 11022 force of a contract between such municipality and the holders of 11023 the bonds issued on account of such bridge or bridges, and shall 11024 obligate the municipality to raise such funds. Any municipality 11025 in the state may aid any other municipality in the state and
11026 contribute funds to pay any part of the cost of acquiring, 11027 constructing, maintaining, repairing, and operating any bridge or
11028 bridges; and the twenty miles limitation contained in Section 11029 65-25-3 shall have no application and shall not be construed to 11030 restrict such municipality from contributing such funds to aid the 11031 municipality which issues its revenue bonds as herein provided. 11032 But no such contribution shall be made unless authorized by a
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 446 (AJT\EW) 11033 majority of the qualified electors voting in favor of same in an 11034 election held according to law for the purpose of so authorizing. 11035 No municipality shall enter into any contract or covenant 11036 provided for in the first paragraph of this section without there 11037 being first held an election in which a majority of those voting 11038 shall authorize said covenant or contract to be entered into by
11039 said municipality.
11040 The State of Mississippi, acting by and through the * * * 11041 Mississippi Department of Transportation as an agency thereof, may 11042 receive from the federal government or any agency thereof funds 11043 specifically allotted or appropriated by the federal government 11044 for constructing, acquiring, maintaining, and repairing bridges
11045 across the Mississippi River, which the * * * Mississippi 11046 Department of Transportation may by resolution allocate to pay the 11047 costs or any part thereof of constructing, acquiring, maintaining, 11048 repairing, and operating any bridge or bridges acquired, 11049 constructed, or improved under this article and to the payment of 11050 principal and interest of such bonds.
11051 SECTION 249. Section 65-25-27, Mississippi Code of 1972, is 11052 amended as follows:
11053 65-25-27. Any holder of any bonds issued under the 11054 provisions of this article or of any of the coupons attached 11055 thereto, and the trustee under the trust indenture, if any, except 11056 to the extent the rights herein given may be restricted by 11057 resolution passed before the issuance of the bonds or by the trust
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 447 (AJT\EW) 11058 indenture, may either at law or in equity, by suit, action, 11059 mandamus, or other proceeding, protect and enforce any and all 11060 rights granted hereunder or under such resolution or trust 11061 indenture, and may enforce and compel performance of all duties 11062 required by this article, or by such resolution or trust 11063 indenture, to be performed by the municipality, its governing
11064 body, or by the * * * Mississippi Department of Transportation, or 11065 any officer thereof, including the fixing, charging, and 11066 collecting of tolls for transit over such bridges.
11067 SECTION 250. Section 65-25-31, Mississippi Code of 1972, is 11068 amended as follows: 11069 65-25-31. No bridge for the use of the traveling public 11070 located as provided in Section 65-25-3 shall hereafter be
11071 constructed and operated by any county, municipal corporation, or 11072 political subdivision of the state, or by any person, 11073 copartnership, association, or corporation, and no franchise shall 11074 hereafter be granted for the operation of a ferry within fifteen 11075 miles of any toll bridge for the acquisition or construction of
11076 which bridge revenue bonds shall have been authorized under this
11077 article, except under a written permit granted by the * * * 11078 Mississippi Department of Transportation. No such permit shall be
11079 granted by the * * * Mississippi Department of Transportation 11080 until it shall ascertain by an investigation, including a hearing
11081 upon such notice and under such rules as the * * * department may 11082 prescribe, that there is an urgent public need for the operation
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 448 (AJT\EW) 11083 of such bridge or such ferry, and that its operation will not 11084 affect the revenues of any bridge purchased or constructed under 11085 the provisions of this article so as to impair the security of any 11086 bridge revenue bonds issued for the acquisition or construction of 11087 such bridge.
11088 SECTION 251. Section 65-25-35, Mississippi Code of 1972, is 11089 amended as follows: 11090 65-25-35. Any municipality is hereby authorized to provide 11091 by resolution for the issuance of bridge revenue refunding bonds 11092 of such municipality for the purpose of refunding any bridge 11093 revenue bonds issued under the provisions of this article and then 11094 outstanding. The issuance of such bridge revenue refunding bonds, 11095 the maturities and other details thereof, the rights of the
11096 holders thereof, and the duties of such municipality and of any
11097 other municipality or the * * * Mississippi Department of 11098 Transportation in respect to the same, shall be governed by the 11099 foregoing provisions of this article insofar as the same may be 11100 applicable, and by the following provisions:
11101 (a) No bridge revenue refunding bonds shall be 11102 delivered unless delivered in exchange for bridge revenue bonds to
11103 be refunded thereby, except in the amount necessary to provide for 11104 the payment of matured or redeemable bridge revenue bonds or 11105 bridge revenue bonds maturing or redeemable within three months, 11106 including any redemption premium thereon.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 449 (AJT\EW) 11107 (b) No bridge revenue refunding bonds shall be issued 11108 unless issued to refund bridge revenue bonds which have matured or 11109 will mature within six months, or unless the interest rate of the 11110 bridge revenue refunding bonds shall be at least one fourth of one 11111 percent (1/4 of 1%) less than the interest rate borne by the 11112 bridge revenue bonds to be refunded.
11113 SECTION 252. Section 65-25-129, Mississippi Code of 1972, is 11114 amended as follows:
11115 65-25-129. The * * * Mississippi Department of 11116 Transportation is authorized to use any monies in the * * * 11117 Mississippi Department of Transportation Fund that are not 11118 appropriated or otherwise encumbered for any other purpose, to 11119 match federal funds that are made available for preliminary
11120 engineering of the Arkansas-Mississippi Great River Bridge or for 11121 any other project in connection with preliminary engineering, 11122 including environmental impact studies.
11123 SECTION 253. Section 65-26-3, Mississippi Code of 1972, is 11124 amended as follows:
11125 65-26-3. For purposes of this chapter, the following words 11126 and terms shall have the meanings ascribed herein unless the
11127 context shall otherwise require: 11128 (a) "General obligation bonds" shall mean bonds of the 11129 State of Mississippi, to the repayment of which, both as to 11130 principal and interest, the full faith, credit and taxing power of
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 450 (AJT\EW) 11131 the State of Mississippi are irrevocably pledged until the 11132 principal and interest are paid in full.
11133 (b) "Highway Commission" shall mean the * * * 11134 Mississippi Department of Transportation. 11135 (c) "Bond commission" shall mean the state bond 11136 commission.
11137 (d) "Corps of Engineers" shall mean the United States 11138 Army Corps of Engineers. 11139 (e) "Bridge construction fund" shall mean the 11140 Tennessee-Tombigbee Waterway bridge construction fund as created 11141 by Section 65-26-25. 11142 (f) "Bond retirement fund" shall mean the 11143 Tennessee-Tombigbee Waterway bridge bond retirement fund created
11144 by Section 65-26-9.
11145 SECTION 254. Section 65-26-5, Mississippi Code of 1972, is 11146 amended as follows:
11147 65-26-5. (1) The * * * Mississippi Department of 11148 Transportation, subject to the Corps of Engineers' approval of the
11149 plans, is hereby granted full and complete authority to perform 11150 any act necessary and proper to plan, construct and maintain any
11151 or all of the bridges or tunnels, authorized by subsection (2) of 11152 this section as funds are available, which shall span the 11153 Tennessee-Tombigbee Waterway from the funds derived from this 11154 chapter and any other funds available for such construction except
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 451 (AJT\EW) 11155 that no state funds other than those explicitly provided by this 11156 chapter shall be used.
11157 (2) (a) The * * * Mississippi Department of Transportation 11158 may construct bridges or tunnels, whichever is more feasible as
11159 determined by the * * * department, only on United States Highways 11160 45, 72, 78, 82 and 278 and Mississippi Highways 4, 6, 25, 30 and
11161 50, as funds are available as authorized by this chapter. 11162 (b) Any bridge or tunnel constructed on United States 11163 Highways 45, 72, 78 and 82 shall have four (4) lanes. Any bridge 11164 or tunnel constructed on United States Highway 278 and Mississippi 11165 Highways 4, 6, 25, 30 and 50 shall have two (2) lanes. The 11166 bridges or tunnels shall be constructed by order of priority as
11167 determined by the * * * Mississippi Department of Transportation 11168 based on the criteria of keeping the construction of the 11169 Tennessee-Tombigbee Waterway on schedule.
11170 (c) The * * * Mississippi Department of Transportation 11171 is hereby authorized and directed, in the discharge of its duties 11172 under this chapter, to cooperate with the Corps of Engineers, and
11173 United States Department of Transportation and any other federal 11174 agency to receive any available federal funds or to secure the
11175 assumption by the federal government of all or any part of the 11176 costs of planning or constructing the bridges or tunnels and shall 11177 enter into an agreement that any bridges or tunnels on highways 11178 constructed or reconstructed, in whole or in part, with federal 11179 funds allocated for the purposes of this chapter shall be owned
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 452 (AJT\EW) 11180 and operated by the State of Mississippi, and that the state will 11181 operate and maintain such bridges or tunnels or highways.
11182 SECTION 255. Section 65-26-11, Mississippi Code of 1972, is 11183 amended as follows:
11184 65-26-11. The * * * Mississippi Department of Transportation 11185 may levy tolls on any bridge provided for in Section 65-26-5 where
11186 the * * * department determines such tolls to be feasible. Tolls 11187 shall be levied only at such time as is provided for in subsection 11188 (3)(b)(iii) of Section 65-26-19. The revenue derived from any 11189 tolls shall be deposited directly into the bond retirement fund, 11190 and shall be used only to defray the costs incident to the 11191 collection of such tolls, the construction, maintenance and 11192 equipment of toll stations and to retire bonds issued pursuant to
11193 the provisions of this chapter, or to reimburse the State of 11194 Mississippi for any advances or expenditures in excess of 11195 twenty-five percent (25%) of the principal of and interest on 11196 bonds issued under the authority of subsection (1) of Section 11197 65-26-15 or to reimburse the State of Mississippi for any
11198 expenditures on the principal of and interest on bonds issued 11199 under the authority of subsection (2) of Section 65-26-15. Any
11200 tolls shall be collected until terminated as provided by 11201 subsection (3) of Section 65-26-19.
11202 SECTION 256. Section 65-26-15, Mississippi Code of 1972, is 11203 amended as follows:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 453 (AJT\EW) 11204 65-26-15. (1) The * * * Mississippi Department of 11205 Transportation is hereby authorized, at one time or from time to 11206 time, to declare by resolution the necessity for issuance of 11207 negotiable general obligation bonds of the State of Mississippi to 11208 provide funds for the purpose of paying all or any part of the 11209 cost of the planning or construction of the bridges or tunnels,
11210 authorized by this chapter to receive state funds, over the 11211 Tennessee-Tombigbee Waterway, but in no event shall the amount of 11212 bonds issued exceed a total of Forty Million Dollars 11213 ($40,000,000.00) for such planning or construction of such bridges 11214 or tunnels. The counties of Alcorn, Chickasaw, Clay, Itawamba, 11215 Lee, Lowndes, Monroe, Noxubee, Kemper, Pontotoc, Prentiss and 11216 Tishomingo are hereby obligated to reimburse the State of
11217 Mississippi for seventy-five percent (75%) of the total cost of 11218 the bonds, not to exceed Thirty Million Dollars ($30,000,000.00), 11219 and to pay the debt service thereon. 11220 (2) In the manner and for the purposes described in
11221 subsection (1) of this section, the * * * Mississippi Department 11222 of Transportation is hereby authorized at one time or from time to 11223 time, to declare by resolution the necessity for issuance of
11224 additional negotiable general obligation bonds of the State of 11225 Mississippi in an amount not to exceed Thirty Million Dollars 11226 ($30,000,000.00). The counties of Alcorn, Chickasaw, Clay, 11227 Itawamba, Lee, Lowndes, Monroe, Noxubee, Kemper, Pontotoc, 11228 Prentiss and Tishomingo are hereby obligated to reimburse the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 454 (AJT\EW) 11229 State of Mississippi for one hundred percent (100%) of the total 11230 cost of the bonds issued under the authority of this subsection 11231 and to pay the debt service thereon. 11232 (3) Notwithstanding the foregoing provisions of this 11233 section, no general obligation bonds authorized herein shall be 11234 issued after April 23, 1986.
11235 (4) The * * * Mississippi Department of Transportation is 11236 authorized to accept and to use funds from whatever source 11237 available, other than state funds which are not explicitly pledged 11238 under this chapter, in completing the construction authorized by 11239 this chapter and shall furnish to the State Bond Commission the 11240 amounts of federal funds to be expended on each bridge or tunnel, 11241 which is to be partially funded under the provisions of this
11242 chapter. The * * * Mississippi Department of Transportation shall 11243 not request bonds to be issued in an amount which when added to 11244 other funds available will exceed the actual cost of construction 11245 nor where construction of any such bridge or tunnel may be 11246 accomplished by the Corps of Engineers or any other federal
11247 agency.
11248 SECTION 257. Section 65-26-19, Mississippi Code of 1972, is 11249 amended as follows: 11250 65-26-19. (1) Upon the adoption of a resolution by
11251 the * * * Mississippi Department of Transportation, declaring the 11252 necessity for the issuance of any part or all of the general
11253 obligation bonds authorized by this chapter, the * * * Mississippi
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 455 (AJT\EW) 11254 Department of Transportation shall deliver a certified copy of its 11255 resolution or resolutions to the Bond Commission. Upon receipt of 11256 same, the Bond Commission shall, in its discretion, act as the 11257 issuing agent, prescribe the form of the bonds, advertise for and 11258 accept bids, issue and sell the bonds so authorized to be sold, 11259 and do any and all other things necessary and advisable in
11260 connection with the issuance and sale of such bonds. 11261 (2) For the payment of said bonds and the interest thereon, 11262 the full faith, credit, and taxing power of the State of 11263 Mississippi are hereby irrevocably pledged. If the Legislature 11264 shall find that there are funds available in the General Fund of 11265 the Treasury of the State of Mississippi in amounts sufficient to 11266 pay maturing principal and accruing interest of said general
11267 obligation bonds, and if the Legislature shall appropriate such 11268 available funds to the bond retirement fund for the purpose of 11269 paying such maturing principal and accruing interest, then the 11270 maturing principal and accruing interest of said bonds shall be 11271 paid from appropriations made from the General Fund of the
11272 Treasury of the State of Mississippi by the Legislature thereof. 11273 But, if there are not available sufficient funds in the bond
11274 retirement fund and General Fund of the Treasury of the State of 11275 Mississippi to pay the maturing principal and accruing interest of 11276 said bonds, or if such funds are available and the Legislature 11277 should fail to appropriate a sufficient amount thereof to pay such 11278 principal and accruing interest as the same becomes due, then, and
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 456 (AJT\EW) 11279 in that event, there shall annually be levied upon all taxable 11280 property within the State of Mississippi an ad valorem tax at the 11281 rate sufficient to provide the funds required to pay the said 11282 bonds at maturity and the interest thereon as the same accrues. 11283 (3) (a) From and after that year in which the state shall
11284 become obligated to make the final expenditure of the Ten Million 11285 Dollars ($10,000,000.00) required by Section 65-26-7, there is 11286 hereby pledged the net revenue derived from the funds received by 11287 the State of Mississippi from the Tennessee Valley Authority in 11288 lieu of ad valorem taxes, being twelve and two-tenths percent 11289 (12.2%) of the total funds paid by the Authority in Mississippi, 11290 as provided in Section 27-37-301, Mississippi Code of 1972, said 11291 funds to be deposited directly into the bond retirement fund.
11292 Such funds paid by the Authority in lieu of ad valorem taxes are 11293 hereby pledged for the payment of principal of and interest on 11294 bonds authorized by subsection (1) of Section 65-26-15. When 11295 twenty-five percent (25%) of the total costs of the bonds and the 11296 debt service thereon has been paid by the use of funds of the
11297 State of Mississippi, the diversion of such funds from the 11298 Authority from the general fund of the State of Mississippi into
11299 the bond retirement fund shall cease. 11300 (b) For repayment to the State of Mississippi to the 11301 extent of the local share of all bonds issued under the authority 11302 of this chapter and the interest thereon, there are hereby pledged 11303 the following revenues:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 457 (AJT\EW) 11304 (i) From and after January 1, 1976, any sum in 11305 excess of the sum received in 1975 by the counties of Alcorn, 11306 Chickasaw, Clay, Itawamba, Kemper, Lee, Lowndes, Monroe, Noxubee, 11307 Pontotoc, Prentiss and Tishomingo from funds paid by the Tennessee 11308 Valley Authority to said counties under the provisions of Section 11309 27-37-301, Mississippi Code of 1972, which shall be deposited
11310 directly into the bond retirement fund; 11311 (ii) The revenue derived from the one (1) mill 11312 special improvement ad valorem tax levied by Section 65-26-13; 11313 (iii) The revenue derived from the levy of tolls 11314 as required by Section 65-26-11; provided, however, that no toll 11315 shall be levied or collected until such time as the revenue from 11316 the following sources is insufficient to pay the annual cost of
11317 the principal of the bonds and the interest thereon; the funds 11318 paid the state as set forth in subparagraph (a) until terminated 11319 as provided therein, the funds paid the counties as set forth in 11320 subparagraph (b)(i), the one (1) mill tax as set forth in 11321 subparagraph (b)(ii), and a sum equal to the portion of the
11322 balance of the bond retirement fund representing the state's 11323 participation therein;
11324 (iv) The revenue derived from the levy of the 11325 bridge tax as provided in Section 65-26-17; provided, however, 11326 that no such tax shall be levied or collected until revenue from 11327 the following sources shall be insufficient to pay the annual 11328 costs of the principal of the bonds and the interest thereon: the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 458 (AJT\EW) 11329 funds paid the state as set forth in subparagraph (a) until 11330 terminated as provided therein, the funds paid the counties as set 11331 forth in subparagraph (b)(i), the one (1) mill tax set forth in 11332 subparagraph (b)(ii), the tolls as set forth in subparagraph 11333 (b)(iii) and a sum equal to the portion of the balance of the bond 11334 retirement fund representing the state's participation therein.
11335 (c) (i) If the revenue provided for in subparagraphs 11336 (b)(i), (b)(ii) and (b)(iii) is sufficient for a period of two (2) 11337 consecutive years, to meet the cost of the principal of the bonds 11338 and the interest maturing thereon, the levy of the bridge tax as 11339 set forth in subparagraph (b)(iv) of this section shall cease; 11340 (ii) If the revenue provided for in subparagraphs 11341 (b)(i) and (b)(ii) is sufficient, for a period of two (2)
11342 consecutive years, to meet the cost of the principal of the bonds 11343 and the interest maturing thereon, the tolls as set forth in 11344 subparagraph (b)(iii) of this section shall cease to be collected. 11345 (d) (i) If, at any time after the bridge tax shall 11346 cease to be collected to be used to pay the cost of the principal
11347 of the bonds and interest thereon, the revenue provided for in 11348 subparagraphs (b)(i), (b)(ii) and (b)(iii) shall be insufficient
11349 to pay the annual costs of the principal and interest on the 11350 bonds, the state tax commission shall again levy the bridge tax. 11351 (ii) If, at any time after the tolls shall cease 11352 to be collected for payment of the bonds and interest thereon, the 11353 revenue provided for in subparagraphs (b)(i) and (b)(ii) shall be
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 459 (AJT\EW) 11354 insufficient to pay the annual costs of the principal and interest
11355 on the bonds, the * * * Mississippi Department of Transportation 11356 shall again collect the tolls. 11357 (4) Such bonds shall bear date or dates, be in such 11358 denomination or denominations, bear interest at such rate or 11359 rates, be payable at such place or places within or without the
11360 State of Mississippi, shall mature absolutely at such time or 11361 times, be redeemable prior to maturity at such time or times and 11362 upon such terms, with or without premium, shall bear such 11363 registration privileges, and shall be substantially in such form, 11364 all as shall be determined by resolution of the Bond Commission. 11365 Provided, however, that such bonds shall mature in annual 11366 installments beginning not more than two (2) years from date
11367 thereof and extending not more than twenty (20) years from date 11368 thereof. 11369 (5) Such bonds shall be signed by the chairman of the Bond 11370 Commission, or by his facsimile signature, and the official seal 11371 of the Bond Commission shall be affixed thereto, attested by the
11372 secretary of the Bond Commission. The interest coupons to be 11373 attached to such bonds may be executed by the facsimile signatures
11374 of said officers. Whenever any such bonds shall have been signed 11375 by the officials herein designated to sign the bonds, who were in 11376 office at the time of such signing but who may have ceased to be 11377 such officers prior to the sale and delivery of such bonds, or who 11378 may not have been in office on the date such bonds may bear, the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 460 (AJT\EW) 11379 signatures of such officers upon such bonds and coupons shall 11380 nevertheless be valid and sufficient for all purposes and have the 11381 same effect as if the person so officially signing such bonds had 11382 remained in office until the delivery of the same to the 11383 purchaser, or had been in office on the date such bonds may bear.
11384 SECTION 258. Section 65-26-25, Mississippi Code of 1972, is 11385 amended as follows: 11386 65-26-25. (1) Upon the issuance and sale of such bonds, the 11387 Bond Commission shall transfer the principal proceeds of any such 11388 sale or sales to the bridge construction fund hereby created in 11389 the State Treasury. The proceeds of such bonds shall be used 11390 solely for the payment of the cost of the project or combined 11391 projects, which shall include costs incident to the issuance and
11392 sale of such bonds, and shall be disbursed solely upon the order
11393 of the * * * Mississippi Department of Transportation under such 11394 restrictions, if any, as may be contained in the resolution 11395 providing for the issuance of the bonds. 11396 (2) Any revenues transferred to the bridge construction fund
11397 from the bond retirement fund as provided in this chapter shall be 11398 expended for the construction of any bridges described in Section
11399 65-26-5 upon the order of the * * * Mississippi Department of 11400 Transportation. Such revenues shall not be commingled with any 11401 other funds in the bridge construction fund but shall be kept 11402 separate and distinct therefrom.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 461 (AJT\EW) 11403 (3) Any funds in the bridge construction fund which are not 11404 needed to make current payments to meet contractual obligations 11405 shall be invested in interest-bearing certificates of deposit in 11406 accordance with the provisions of Section 27-105-33, except 11407 interest so earned shall be credited to the bridge construction 11408 fund.
11409 (4) When all contracts for bridge construction are paid in 11410 full then all funds in the bridge construction fund and all funds 11411 invested as provided in subsection (3) of this section shall be 11412 transferred to the bond retirement fund and no further diversion 11413 or transfer of said funds shall be made to the bridge construction 11414 fund.
11415 SECTION 259. Section 65-26-35, Mississippi Code of 1972, is 11416 amended as follows: 11417 65-26-35. (1) The funds which are transferred from the sale 11418 of bonds under this chapter and such other funds as may be 11419 transferred to the bridge construction fund may be withdrawn only 11420 in the following manner: the funds shall be paid by the State
11421 Treasurer upon warrants issued by the State Auditor of Public 11422 Accounts, which warrants shall be issued upon requisition by
11423 the * * * Mississippi Department of Transportation, signed by 11424 the * * * Commissioner of Transportation. 11425 (2) All expenditures ordered by the * * * Mississippi 11426 Department of Transportation shall be entered upon its minutes,
11427 and the * * * Mississippi Department of Transportation shall
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 462 (AJT\EW) 11428 submit a full report of its work and all the transactions carried 11429 on by it, and a complete statement of all its expenditures at the 11430 next regular session of the Legislature.
11431 SECTION 260. Section 65-9-17, Mississippi Code of 1972, is 11432 amended as follows: 11433 65-9-17. (1) When any county shall have met the
11434 requirements of this chapter and shall have become eligible for 11435 state aid, the State Aid Engineer, as soon as practicable, shall 11436 notify such county in writing of such eligibility and that its 11437 proportionate part of any state funds allocated to it for state 11438 aid may be utilized for construction in the manner provided by 11439 law, and such notice shall also be given in writing to the 11440 Department of Finance and Administration and to the State
11441 Treasurer. 11442 (2) State aid funds shall be allocated to each county for 11443 use on state aid system roads or roads on the Local System Road 11444 Program in accordance with the provisions of Section 27-65-75. 11445 (3) State aid funds may be credited to a county in advance
11446 of the normal accrual to finance certain state aid improvements, 11447 subject to the approval of the State Aid Engineer and subject
11448 further to the following limitations: 11449 (a) That the maximum amount of state aid funds that may 11450 be advanced to any county shall not exceed ninety percent (90%) of 11451 the state aid funds estimated to accrue to such county during the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 463 (AJT\EW) 11452 remainder of the term of office of the board of supervisors of 11453 such county. 11454 (b) That no advance credit of funds will be made to any 11455 county when the unobligated balance in the State Aid Road Fund is 11456 less than One Million Dollars ($1,000,000.00). 11457 (c) That such advance crediting of funds be effected by
11458 the State Aid Engineer at the time of the approval of the plans 11459 and specifications for the proposed improvements. 11460 It is the intent of this provision to utilize to the fullest 11461 practicable extent the balance of state aid funds on hand at all 11462 times. 11463 (4) State aid funds shall be available to such county to the 11464 following extent and in the following manner:
11465 (a) On state aid projects, other than those on or off 11466 the federal aid secondary system to be partially financed with 11467 federal funds, state aid funds credited to such county in the 11468 State Aid Road Fund shall be available to cover the cost of such 11469 project. Upon the awarding of a contract for such state aid
11470 project, the board of supervisors of any county will, by an 11471 official order of the board, authorize the State Aid Engineer to
11472 set up the project fund for such project from that county's state 11473 aid fund in the State Treasury. The amount of the project fund 11474 will cover the estimated cost of the project, including the 11475 contractor's payments and any other costs authorized under this 11476 chapter to be paid from state aid funds. Withdrawals from the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 464 (AJT\EW) 11477 project fund will be made by requisitions prepared by the State 11478 Aid Engineer, based on estimates and other supporting statements 11479 and documents prepared or approved by the county engineer, such 11480 requisitions, accompanied by such estimates and statements, to be 11481 directed to the Department of Finance and Administration, which 11482 will issue warrants in payment thereof. Requisitions may be drawn
11483 to cover the final cost of the project accepted by the boards of 11484 supervisors of the counties affected and the State Aid Engineer, 11485 even though such cost exceeds the aforesaid estimated project 11486 fund. Whenever, in the opinion of the State Aid Engineer, it 11487 should appear that any such estimate or statement of account has 11488 been improperly allowed or that any road construction project is 11489 not proceeding in accordance with the plans, specifications and
11490 standards set up therefor, then, in such event, due notice in 11491 writing shall be given the board of supervisors of such county and 11492 the contractor on such project, if any, stating the reason why 11493 such account should not have been allowed or why such project is 11494 not progressing satisfactorily; and if, within thirty (30) days
11495 from the date of such notice in writing, such error or default is 11496 not corrected to the satisfaction of the State Aid Engineer, all
11497 state aid funds theretofore allocated to such eligible county 11498 shall be immediately withdrawn and notice given the Department of 11499 Finance and Administration and the State Treasurer that such 11500 county has become ineligible therefor. Such county shall remain
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 465 (AJT\EW) 11501 ineligible until it again becomes eligible by satisfying the State 11502 Aid Engineer as to its eligibility. 11503 (b) On state aid projects on the federal aid secondary 11504 system which are to be partially financed with federal funds, 11505 state aid funds credited to such county in the State Aid Road Fund 11506 shall be available to cover the sponsor's share of the cost of
11507 such project. At the same time, the State Treasurer, on order 11508 from the board of supervisors, shall transfer an amount up to one 11509 hundred percent (100%) of such cost from the credit of such county 11510 in the State Aid Road Fund to the credit of such county in the 11511 State Highway Fund, earmarked for such project. 11512 (c) State aid road funds credited to a county in the 11513 State Aid Road Fund shall also be available to cover the sponsor's
11514 cost of any other project of such county which is partially 11515 financed with federal funds available through federal "safer 11516 off-system" road funds and/or other federal road funds allocated 11517 to the counties as provided for in accordance with Section 11518 65-9-29(2). On order from the board of supervisors of such
11519 county, the State Treasurer shall transfer an amount up to one 11520 hundred percent (100%) of such cost from the credit of such county
11521 in the State Aid Road Fund to the credit of such county in the 11522 State Highway Fund, earmarked for such project. 11523 (d) Up to one-third (1/3) of state aid road funds 11524 credited to a county in the State Aid Road Fund may be available 11525 to match federal bridge replacement monies or other federal funds,
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 466 (AJT\EW) 11526 or both, to construct, replace, inspect or post bridges and to 11527 conduct pavement management surveys on county roads which are not 11528 on the state aid system. To implement such projects, the State 11529 Treasurer shall, as requested in an order from the board of 11530 supervisors of the county, make transfers out of the credit of 11531 such county in the State Aid Road Fund.
11532 (e) Up to twenty-five percent (25%) of the state aid 11533 road funds credited to a county in the State Aid Road Fund may be 11534 available for projects authorized under the Local System Road 11535 Program. Withdrawals from the fund for the Local System Road 11536 Program will be made by requisitions prepared by the State Aid 11537 Engineer, based on estimates and other supporting statements and 11538 documents prepared or approved by the county engineer; such
11539 requisitions, accompanied by such estimates and statements, to be 11540 directed to the Department of Finance and Administration, which 11541 will issue warrants in payment thereof. Requisitions may be drawn 11542 to cover the final cost of the local system road project accepted 11543 by the boards of supervisors of the counties affected and the
11544 State Aid Engineer even though such cost exceeds the aforesaid 11545 estimated project fund. Whenever, in the opinion of the State Aid
11546 Engineer, it should appear that any such estimate or statement of 11547 account has been improperly allowed or that any road construction 11548 project is not proceeding in accordance with the plans, 11549 specifications and standards set up therefor, then, in such event, 11550 due notice in writing shall be given the board of supervisors of
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 467 (AJT\EW) 11551 such county and the contractor on such project, if any, stating 11552 the reason why such account should not have been allowed or why 11553 such project is not progressing satisfactorily; and if, within 11554 thirty (30) days from the date of such notice in writing, such 11555 error or default is not corrected to the satisfaction of the State 11556 Aid Engineer, all state aid funds theretofore allocated to such
11557 eligible county shall be immediately withdrawn and notice given 11558 the Department of Finance and Administration and the State 11559 Treasurer that such county has become ineligible therefor. Such 11560 county shall remain ineligible until it again becomes eligible by 11561 satisfying the State Aid Engineer as to its eligibility. 11562 (5) The State Treasurer is hereby authorized to continue to 11563 receive and deposit all funds from the federal government made
11564 available by it, either by existing law or by any law which may be 11565 passed hereafter, to the credit of the State Highway Fund, and the 11566 Treasurer shall notify the commission of the amounts so received. 11567 All accounts against the above-mentioned funds shall be
11568 certified to by the * * * Commissioner of Transportation, who 11569 shall request the Department of Finance and Administration to 11570 issue its warrant on the State Treasurer for the amount of the
11571 accounts; and the Treasurer shall pay same if sufficient funds are 11572 available, all in the manner prescribed herein or as may be 11573 required by law. 11574 (6) The board of supervisors of each county is hereby 11575 authorized and empowered to pay funds into the State Treasury in
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 468 (AJT\EW) 11576 the manner above set out, and to use and expend such funds for the 11577 purposes set out in this chapter. For the purpose of providing 11578 such funds, the board of supervisors is hereby authorized and 11579 empowered to use and expend any county road and bridge funds, 11580 including revenue received from any gasoline taxes paid to such 11581 county, or any funds available in the General Fund, or to issue
11582 road and bridge bonds of such county in any lawful amount in the 11583 manner and method and subject to the restrictions, limitations and 11584 conditions, and payable from the same sources of revenue, now 11585 provided by law.
11586 SECTION 261. Section 65-26-37, Mississippi Code of 1972, is 11587 amended as follows: 11588 65-26-37. Except as otherwise authorized in Section 7-5-39,
11589 the Attorney General of the State of Mississippi shall represent
11590 the Mississippi Department of Transportation * * * in issuing, 11591 selling and validating bonds herein provided for, and said * * * 11592 department is hereby authorized and empowered to expend any sum 11593 not to exceed Forty Thousand Dollars ($40,000.00) on approval by
11594 the State Bond Commission from the proceeds derived from the sale 11595 of bonds authorized in subsections (1) and (2) of Section
11596 65-26-15, or from other funds available to the Mississippi
11597 Department of Transportation * * *, to pay the cost of approving 11598 attorney's fees, validating, printing and cost of delivery of 11599 bonds authorized under this chapter.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 469 (AJT\EW) 11600 SECTION 262. Section 65-31-1, Mississippi Code of 1972, is 11601 amended as follows:
11602 65-31-1. The Mississippi Department of Transportation * * * 11603 is hereby authorized to locate, design, construct, operate, and 11604 maintain hospitality stations on trunkline highways at or near 11605 points of entry into this state from other states. In carrying
11606 out the provisions of this chapter, the commission shall have 11607 authority to employ such engineers, architects, skilled and 11608 unskilled labor as may be determined necessary by the commission, 11609 for the preparation of plans for such hospitality stations and 11610 their proper location, design, construction, maintenance, and
11611 operation. The * * * department also may employ full-time 11612 security officers, as authorized under Section 65-1-131, and/or
11613 may contract for the employment of private security officers, as 11614 authorized under Section 65-1-136, to patrol and protect the 11615 property of hospitality stations and visitors, patrons and other 11616 employees of hospitality stations.
11617 Prior to the location of such hospitality stations the * * * 11618 department shall afford the opportunity for a public hearing in 11619 the county wherein such hospitality station is to be located for
11620 the purpose of receiving testimony regarding the most feasible and 11621 advantageous location for such hospitality station, at which 11622 hearing all interested persons may appear and present testimony in 11623 regard thereto. A notice of such proposed location shall be given 11624 in some newspaper published or having general circulation in the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 470 (AJT\EW) 11625 county wherein such hospitality station is proposed to be located. 11626 Should a public hearing be requested thereon, notice by 11627 publication shall be given at least ten (10) days prior to the 11628 date upon which public hearing is to be held and written notice 11629 thereof shall likewise be given, within said time, to the 11630 governing authorities of all municipalities within such county and
11631 the governing authority of such county. 11632 Each hospitality station constructed under the provisions of 11633 this chapter shall be maintained and kept in a neat and attractive 11634 condition.
11635 SECTION 263. Section 65-31-3, Mississippi Code of 1972, is 11636 amended as follows:
11637 65-31-3. The * * * Mississippi Department of Transportation
11638 is authorized to contract with the * * * Mississippi Development 11639 Authority, on terms and conditions agreeable between the two (2) 11640 state agencies, for the operation of one or more of such 11641 hospitality stations constructed under the provisions of this
11642 chapter. The * * * department and the * * * authority are further 11643 authorized to enter into agreement with an adjoining state for the 11644 operation of a hospitality station on an interstate highway where
11645 the states' boundary is the Mississippi River and there is no 11646 feasible location for a hospitality station between the bank of 11647 the Mississippi River and a national military park in the State of 11648 Mississippi, or where the states' boundary is the Pearl River and 11649 there is no feasible location for a hospitality station between
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 471 (AJT\EW) 11650 the bank of the Pearl River and the buffer zone to a test facility 11651 operated by the National Aeronautics and Space Administration in
11652 the State of Mississippi. The * * * department and the * * * 11653 authority are authorized to pay whatever expenses may be agreed 11654 upon between the two (2) states as to the fair share of the 11655 operating and maintenance cost of the hospitality station operated
11656 primarily for the benefit of the state. Such contracts and 11657 agreements shall provide for the furnishing of suitable personnel 11658 for the operation of such stations and that such stations shall be 11659 kept supplied with such information, pamphlets and other materials 11660 as will advertise and publicize the history, commerce, industry, 11661 natural resources and tourist attractions of this state. Such 11662 information, pamphlets and other materials shall be available to
11663 the traveling public and shall be distributed by the personnel 11664 employed to operate such stations. The agency operating such 11665 hospitality stations shall provide for the free distribution to 11666 the traveling public of such literature, pamphlets, refreshments 11667 and other items that may be of interest to tourists in such manner
11668 as deemed to be in the best interest of promoting the tourist 11669 trade in this state. Such agency may sell, or contract for the
11670 sale of, merchandise on the premises of any hospitality station, 11671 provided such sale or contract for sale is subject to any 11672 applicable federal laws and Section 43-3-93. Revenue derived from 11673 such sales shall be paid into the special revolving fund 11674 established pursuant to Section 57-1-66 and shall be expended to
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 472 (AJT\EW) 11675 promote and market Mississippi and to maintain and improve 11676 hospitality stations.
11677 SECTION 264. Section 65-31-5, Mississippi Code of 1972, is 11678 amended as follows:
11679 65-31-5. Both the * * * Mississippi Department of 11680 Transportation and the agricultural and industrial board in
11681 exercising the powers granted in this chapter are hereby 11682 authorized to accept private donations and public grants which may 11683 be available to them, respectively, for the furtherance of the 11684 purposes of this chapter. In addition thereto, either or both of 11685 such agencies may expend, for the purposes of this chapter, any 11686 funds available to them not otherwise specifically designated for 11687 a different public purpose. Each of such agencies shall cooperate
11688 with other state agencies in carrying out the provisions of this 11689 chapter.
11690 SECTION 265. Section 65-31-11, Mississippi Code of 1972, is 11691 amended as follows:
11692 65-31-11. The Mississippi Department of Transportation * * * 11693 in its discretion, by order duly adopted and entered upon its 11694 official minutes, may authorize the Katrina Volunteers Memorial
11695 Fountain Committee, acting under board-approved sponsorship of the 11696 Diamondhead Continuing Education, Inc., and at its own expense, to 11697 design, construct and maintain at a location approved by the 11698 commission on property of the welcome center near I-10 in western 11699 Hancock County, a fountain and suitable memorial in recognition
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 473 (AJT\EW) 11700 and appreciation of the thousands of volunteers who donated their 11701 time and money to assist the citizens of Mississippi in recovering 11702 from the destruction and in the rebuilding efforts following 11703 Hurricane Katrina.
11704 SECTION 266. Section 65-33-45, Mississippi Code of 1972, is 11705 amended as follows:
11706 65-33-45. Where any county issues or has heretofore issued 11707 its bonds under this chapter or any previous statutes of a similar 11708 character for protection of any highway, there shall be paid into 11709 the treasury of such county fifty per cent (50%) of any license 11710 taxes which would otherwise be paid into the State Highway Fund 11711 collected by the state in such county on motor vehicles or drivers 11712 thereof, and fifty per cent (50%) of any excise taxes levied and
11713 collected in such county by the state on gasoline which would 11714 otherwise be paid into the State Treasury to the credit of the 11715 State Highway Fund, to meet the interest and annual sinking fund 11716 on such bonds. Such funds shall be applied toward the liquidation 11717 of the interest and sinking fund accruing annually on such bonds,
11718 the other fifty per cent (50%) to go into the state treasury to
11719 the credit of the * * * Mississippi Department of Transportation, 11720 and, if such taxes in any year should be insufficient to cover 11721 such interest and sinking fund, the deficiency therein shall be 11722 supplied out of any other such funds collected by the state in 11723 such county and allotted by law to such county for road purposes. 11724 Nothing herein shall be construed as a guarantee on the part of
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 474 (AJT\EW) 11725 the state to pay the interest or principal on any bonds issued 11726 hereunder. 11727 This section shall not apply to the tax collected from 11728 registration fees and the sale of automobile tags. 11729 Of the surplus of such funds so paid into the treasuries of 11730 Harrison and Jackson Counties, the portions thereof hereinafter
11731 designated, to the extent necessary under the limitations 11732 hereinafter stated, shall be paid by Harrison and Jackson Counties
11733 to the * * * Mississippi Department of Transportation and shall be 11734 applied by * * * the department on the annual payments of 11735 principal of and interest on bonds to be issued by the State Bond 11736 Commission in an amount not to exceed Seven Million Dollars
11737 ($7,000,000.00), for the construction, by the * * * Mississippi 11738 Department of Transportation, of a four-lane highway bridge across 11739 the Bay of Biloxi, to form a part of United States Highway No. 90, 11740 to the extent that two-thirds (2/3) of the total cost of principal 11741 and interest on such bonds shall be paid out of such surplus funds 11742 of Harrison County, and one-third (1/3) out of such surplus funds
11743 of Jackson County. 11744 For the purpose of this section, such "surplus funds of
11745 Harrison County" shall be construed to be the amount paid to 11746 Harrison County under this section not pledged to the payment of 11747 principal and interest of bonds issued under this chapter, or any 11748 previous statutes of a similar character for the protection of any 11749 highway, and presently outstanding. "Surplus funds of Jackson
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 475 (AJT\EW) 11750 County" shall be construed to be the amount paid to Jackson County 11751 under this section not pledged to the payment of principal and 11752 interest of bonds issued under this chapter, or any previous 11753 statutes of a similar character for the protection of any highway, 11754 and presently outstanding, and remaining after payment of 11755 principal and interest on bonds now issued or authorized by an
11756 election by Jackson County in connection with its Bayou Casotte 11757 development project under the authority of Senate Bill No. 1265, 11758 Extraordinary Session of 1954, as amended by Senate Bill No. 1624 11759 enacted at the Regular 1958 Session of the Mississippi 11760 Legislature. 11761 Annually, to the extent necessary to meet the annual 11762 requirements for the payment of principal of and interest on said
11763 bonds, Harrison County shall pay to the * * * Mississippi 11764 Department of Transportation not exceeding two-thirds (2/3) of its 11765 aforesaid annual surplus, as hereinabove defined; and, to the 11766 extent necessary and available, Jackson County shall annually pay
11767 to the * * * Mississippi Department of Transportation from such 11768 surplus funds an amount not exceeding one-third (1/3) of the 11769 annual requirements for bonds issued by the State Bond Commission,
11770 and such amounts as may be necessary to satisfy any deficiency in 11771 preceding annual payments required to be made under the provisions 11772 hereof. 11773 Surplus funds remaining to both Harrison and Jackson 11774 Counties, after making the payments above directed, may be
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 476 (AJT\EW) 11775 pledged, used, and expended, in whole or in part, for the payment 11776 of the principal of and interest on bonds issued and to be issued 11777 under the authority of Sections 59-9-1 through 59-9-83; however, 11778 unless and until so pledged all or any part of such surplus now or 11779 hereafter accumulated may be transferred by the board of 11780 supervisors to a fund designated the county port fund and shall be
11781 subject to expenditure by the county port authority or county 11782 development commission for the purposes and objects authorized by 11783 said sections. All expenditures made by the county port authority 11784 or county development commission shall be audited by the county 11785 auditor, who shall annually report such expenditures to the board 11786 of supervisors.
11787 SECTION 267. Section 65-33-53, Mississippi Code of 1972, is 11788 amended as follows: 11789 65-33-53. (1) In any county maintaining a seawall or road 11790 protection structure under the provisions of this chapter, the 11791 board of supervisors may borrow funds not in excess of Five 11792 Hundred Thousand Dollars ($500,000.00) in addition to the One
11793 Million Five Hundred Thousand Dollars ($1,500,000.00) authorized 11794 under Section 65-33-51, at the rate of interest not exceeding four
11795 percent (4%) per annum, in addition to such sums as have 11796 heretofore been borrowed for the purpose of constructing, 11797 repairing, strengthening, or maintaining the road protection 11798 structure or seawall of the county, including the raising of the
11799 roadbed as recommended and approved by the * * * Mississippi
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 477 (AJT\EW) 11800 Department of Transportation, and to construct retaining walls for 11801 such raised roadbeds and to pump by hydraulic fill, or otherwise, 11802 a sand beach adjacent to such retaining wall or seawall structure. 11803 Such board of supervisors shall have the authority to acquire by 11804 purchase or otherwise a dredge boat and to use and operate it for 11805 the purpose of pumping a sand beach adjacent to such seawall or
11806 road protection structure or for the maintenance thereof; however, 11807 said board of supervisors shall not pay for same out of any funds 11808 provided under this section. The funds or amount borrowed for the 11809 purposes provided in this section shall be repaid within a period 11810 of fifteen (15) years from the date borrowed, and shall be paid 11811 out of the funds collected under this chapter. All bonds, notes, 11812 or certificates of indebtedness maturing each year and the
11813 interest thereon, however, shall be first provided for and paid 11814 out of said funds. The loans authorized herein shall not be 11815 subject to other limitations, restrictions, or provisions of the 11816 general laws governing the borrowing of money, amounts of 11817 indebtedness, budget, and election, and said loans may be made by
11818 the board of supervisors of such county either by issuance of 11819 county bonds, notes, or certificates of indebtedness which shall
11820 be full faith and credit obligations of the county issuing same 11821 and shall be payable, both as to principal and interest, from the 11822 same sources of revenue and taxes made available for the payment 11823 of road protection bonds under the provisions of this chapter, 11824 which sources of revenue and taxes are irrevocably pledged toward
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 478 (AJT\EW) 11825 the repayment of any monies borrowed or any bonds issued under the 11826 provisions of this section. The money herein authorized to be 11827 borrowed by such board of supervisors may be borrowed from any 11828 person, firm, corporation, governmental lending agency, or from 11829 any sinking funds of such county; if the money is borrowed from 11830 any sinking fund, it shall be repaid before the sinking fund from
11831 which it is borrowed, when supplemented by funds paid into same, 11832 is needed. Before the board of supervisors shall borrow money 11833 under this section, it shall spread on its minutes an order 11834 reciting such intention and shall thereafter publish a copy of 11835 such order in three (3) weekly issues of some newspaper having a 11836 general circulation in the county. If, within fifteen (15) days 11837 after the first publication of a copy of such order, fifteen
11838 percent (15%) of the qualified electors of the county shall file 11839 with such board of supervisors a petition in writing requesting an 11840 election on the question of borrowing money in the amount and for 11841 the purpose as set forth in such order, then such money shall not 11842 be borrowed unless authorized by a majority of the qualified
11843 voters of such county voting in an election to be ordered by such 11844 board of supervisors for that purpose. Notice of such election
11845 shall be given and such election shall be held and conducted as 11846 provided by law in connection with elections for the submission of 11847 bond issues in such county. If such proposition shall fail to 11848 receive such majority vote at such election, then no further 11849 proceedings for the borrowing of such money shall be had or taken
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 479 (AJT\EW) 11850 within a period of six (6) months from and after the date of such 11851 election. If, however, no such petition shall be so filed, or if 11852 at such election such petition shall be assented to by a majority 11853 vote, then such board of supervisors shall be authorized to borrow 11854 such money in the amount and for the purpose as set forth in such 11855 order as published. The amount authorized to be borrowed under
11856 this section may be borrowed at any time and in any amount, but 11857 the total borrowed shall not exceed Five Hundred Thousand Dollars 11858 ($500,000.00) in addition to such sums as may heretofore have been 11859 borrowed for the purposes herein enumerated, or either of them, 11860 and especially in addition to any sums that may have heretofore 11861 been borrowed or in addition to any bonds that may have heretofore 11862 been issued under authority of Section 65-33-51. Any attorneys'
11863 fees paid for the issuance of said bonds shall be paid out of the 11864 general fund of said county. 11865 (2) The board of supervisors is hereby given full power and 11866 authority to meet and do and grant any request of the United 11867 States Beach Erosion Board of the United States Army Corps of
11868 Engineers by and under Public Law 727, 79th Congress, Chapter 960, 11869 2nd Session, and to assure either or both the following:
11870 (a) Assure maintenance of the seawall and drainage 11871 facilities, and of the beach by artificial replenishment, during 11872 the useful life of these works, as may be required to serve their 11873 intended purpose;
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 480 (AJT\EW) 11874 (b) Provide, at the county's own expense, all necessary 11875 land, easements, and rights-of-way; 11876 (c) To hold and save the United States free from all 11877 claims for damages that may arise either before, during, or after 11878 prosecution of the work; 11879 (d) To prevent, by ordinance, any water pollution that
11880 would endanger the health of the bathers; 11881 (e) To assume perpetual ownership of any beach 11882 construction and its administration for public use only, and that 11883 the board of supervisors is given full power and authority to do 11884 any and all things necessary in and about the repair and 11885 reconstruction, or construction or maintenance of the seawall and 11886 sloping beach adjacent thereto, built under the authority of this
11887 section, and it is given such power to cooperate with the 11888 requirements of the United States government to receive any grant 11889 or grants of money from Congress or to contribute any grant or 11890 grants to the United States Army Corps of Engineers in and about 11891 this construction and maintenance, and it is further given full
11892 power and authority to employ engineers, lawyers, or any other 11893 professional or technical help in and about the completion of this
11894 project. In the event the county engineer is selected to do any 11895 or all of said work, the board of supervisors is hereby authorized 11896 to pay and allow him such reasonable fees or salary which, in its 11897 opinion, is necessary, just, and commensurate to work done by him.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 481 (AJT\EW) 11898 It is further given full power and authority to let, by 11899 competitive bids, any contract for the repair of said wall, or for 11900 the installation and drainage, and for the construction of any 11901 additional section of wall, together with any artificial beach 11902 adjacent to said wall, and for the raising of any roadbeds and the 11903 construction of any such retaining wall.
11904 The intent and purpose of this section is to give unto the 11905 respective boards the full power and authority to carry out all 11906 the provisions herein, and to act independently, jointly, or 11907 severally with the United States government by and under Public 11908 Law 727, 79th Congress. 11909 (3) The provisions of this section shall not apply to any 11910 county with an assessed valuation of less than Ten Million Dollars
11911 ($10,000,000.00).
11912 SECTION 268. Section 65-39-1, Mississippi Code of 1972, is 11913 amended as follows: 11914 65-39-1. (1) The Mississippi Department of
11915 Transportation * * * is authorized, subject to the availability of 11916 funds in the Gaming Counties State-Assisted Infrastructure Fund 11917 created in Section 65-39-17, to conduct feasibility studies and,
11918 pursuant to information gathered in such studies, select routes 11919 and locations, perform preliminary engineering, acquire necessary 11920 right-of-way and property, construct and/or reconstruct and 11921 improve existing or new highways, roads, streets and bridges, 11922 including two-lane, four-lane and multilane roads (or segments
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 482 (AJT\EW) 11923 thereof), perform intersection improvements, provide signal 11924 retiring, turnbay extensions, additional interchanges and other 11925 traffic modifications, within and approaching those counties in 11926 this state where legal gaming is being conducted or is authorized. 11927 Any highway, road, street or bridge that is authorized to be 11928 constructed, reconstructed or improved shall meet design standards
11929 established by the Mississippi Department of Transportation, shall 11930 be constructed to bear a load limit of at least eighty thousand 11931 (80,000) pounds and, upon completion, shall become a part of the 11932 state highway system, and thereafter shall be under the
11933 jurisdiction of the * * * Mississippi Department of Transportation 11934 for construction and maintenance. 11935 (2) The projects authorized in subsection (1) of this
11936 section shall include, but shall not be limited to, highways, 11937 roads, streets and bridges on and along the following locations: 11938 (a) U.S. Highway 90 from its intersection with 11939 Mississippi 607 in Hancock County to Ocean Springs, and including 11940 Lakeshore Road in Hancock County from its intersection with U.S.
11941 Highway 90 to Beach Boulevard; 11942 (b) Mississippi 4 from U.S. Highway 61 to Mississippi
11943 3; 11944 (c) Mississippi 4 from Mississippi 3 to Senatobia; 11945 (d) Cowan/Lorraine Road from U.S. Highway 90 to I-10; 11946 (e) U.S. Highway 49 from U.S. Highway 90 to I-10 in 11947 Gulfport;
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 483 (AJT\EW) 11948 (f) Mississippi 304 beginning at the Tennessee state 11949 line at or near U.S. Highway 72 and thence running in a 11950 southwesterly direction to intersect with U.S. Highway 78 at or 11951 near Byhalia and thence running in a westerly direction to 11952 intersect I-55 at or near Hernando and thence running in a 11953 westerly direction to intersect with U.S. Highway 61 in DeSoto
11954 County, with a spur extending southwesterly to or near 11955 Robinsonville in Tunica County; 11956 (g) I-10 from Exit 28 to Exit 57; 11957 (h) A new location from the northernmost point on I-110 11958 to U.S. Highway 49; 11959 (i) U.S. Highway 61 from the Tunica county line to the 11960 Tennessee state line;
11961 (j) (i) Four-lanes for traffic along Mississippi 16 11962 beginning at its intersection with Mississippi 25 and extending 11963 easterly to join the existing four-lane on the west side of 11964 Carthage within the corporate boundaries; 11965 (ii) Passing lanes and turn lanes, as needed,
11966 along Mississippi 16 beginning at a point on the east side of 11967 Carthage within the corporate boundaries where the existing
11968 four-lane ends and extending easterly to the Leake/Neshoba county 11969 line; and 11970 (iii) Four-lanes for traffic along Mississippi 16 11971 beginning at the Leake/Neshoba county line and extending easterly 11972 to not more than ten (10) miles east of Mississippi 15;
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 484 (AJT\EW) 11973 (k) Cowan/Lorraine Road Extension from I-10 north to 11974 relocated/reconstructed Mississippi 67; 11975 (l) At various locations on and along U.S. Highway 82 11976 and Mississippi 1 in the City of Greenville; 11977 (m) At various locations on and along I-20, U.S. 11978 Highway 61 and U.S. Highway 80 in the City of Vicksburg, including
11979 a truck route from Harbor Industrial Park to U.S. Highway 61 north 11980 and an extension of South Frontage Road with railroad bridge to 11981 I-20; 11982 (n) At various locations on and along U.S. Highway 61, 11983 U.S. Highway 65, Washington, Homochitto, Martin Luther King, Jr., 11984 St. Catherine and East Franklin Streets in the City of Natchez; 11985 (o) At various locations on and along U.S. Highway 90
11986 in the City of Pass Christian; 11987 (p) Mississippi 43/603 beginning where the existing 11988 four-lane ends north of I-10 and extending northerly to a point 11989 approximately one (1) mile north of Kiln where Mississippi 43/603 11990 divides into Mississippi 43 and Mississippi 603;
11991 (q) Mississippi 43 beginning where Mississippi 43 and 11992 Mississippi 603 divide and extending northwesterly to or near
11993 Picayune; 11994 (r) U.S. Highway 49 from U.S. Highway 61 west to the 11995 Mississippi River bridge; 11996 (s) Subject to the conditions prescribed in subsection 11997 (3) of this section, a central Harrison County connector from I-10
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 485 (AJT\EW) 11998 to U.S. Highway 90 in the vicinity of Canal Road to the 11999 Mississippi State Port at Gulfport; 12000 (t) An east Harrison County connector from U.S. Highway 12001 90 to I-10 to be located between the Cowan/Lorraine Road 12002 interchange and the I-110 interchange; 12003 (u) At various locations on, along and approaching U.S.
12004 Highway 90 in Harrison, Hancock and Jackson Counties, which the
12005 Mississippi Department of Transportation * * * determines will 12006 alleviate traffic congestion in Harrison, Hancock and Jackson 12007 Counties; and 12008 (v) At various locations in the City of Natchez on, 12009 along and approaching U.S. Highway 61 (St. Catherine Street and 12010 Franklin Street), and including Mississippi Highway 555 beginning
12011 at Franklin Street and extending northerly and easterly to the 12012 Natchez Trace. 12013 (3) Authorization for the project described in paragraph 12014 (2)(s) of this section is conditioned upon receipt by the
12015 Mississippi Department of Transportation * * * of a written 12016 commitment by the Mississippi Development Authority to make 12017 available for such project not less than Six Million Dollars
12018 ($6,000,000.00). 12019 (4) If a project authorized in this section is also included 12020 in the four-lane highway program under Section 65-3-97(3), then 12021 all contracts necessary to be let for the completion of the 12022 project under this section shall be let not later than the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 486 (AJT\EW) 12023 priorities established for the letting of contracts for the 12024 project under Section 65-3-97(3). Prioritization of construction 12025 for all other projects authorized in this section shall be 12026 conducted as provided for in Section 65-3-97(4). 12027 (5) (a) Funds for the projects authorized under this 12028 section may be provided through the issuance of bonds under
12029 Sections 65-39-5 through 65-39-33, through the issuance of notes 12030 for such purposes under Section 31-17-127 or from such monies as 12031 may be available in the Gaming Counties State-Assisted 12032 Infrastructure Fund created under Section 65-39-17. 12033 (b) In addition to the funds provided for under 12034 paragraph (a) of this subsection, funds for the project described 12035 in subsection (2)(s) of this section also may be provided from any
12036 available federal, state, county or municipal funds authorized for 12037 such project, including the Economic Development Highway Act.
12038 SECTION 269. Section 65-39-3, Mississippi Code of 1972, is 12039 amended as follows: 12040 65-39-3. There is created in the State Treasury a special
12041 fund to be designated as the "Gaming Counties Bond Sinking Fund." 12042 Such monies as the Legislature directs or provides to be deposited
12043 into the fund may be expended, upon legislative appropriation, to 12044 pay the interest on and principal of bonds issued pursuant to 12045 Sections 65-39-5 through 65-39-33 or to pay the interest on and 12046 principal of notes issued under Section 31-17-127 for the purpose 12047 of providing funds for infrastructure projects under Section
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 487 (AJT\EW) 12048 65-39-1; provided, however, that if at any time the fund has a 12049 balance in excess of the amount needed to pay the interest on or 12050 the principal of any bonds or notes maturing in the next two (2) 12051 consecutive fiscal years, such excess may be transferred to the 12052 "Gaming Counties State Assisted Infrastructure Fund" to be 12053 disbursed solely upon the order of the Mississippi Department of
12054 Transportation * * *. Unexpended amounts remaining in the sinking 12055 fund at the end of the fiscal year shall not lapse into the State 12056 General Fund, and any interest earned on amounts in the sinking 12057 fund shall be deposited to the credit of the sinking fund.
12058 SECTION 270. Section 65-39-5, Mississippi Code of 1972, is 12059 amended as follows: 12060 65-39-5. (1) The Mississippi Department of
12061 Transportation * * *, at one time or from time to time, may 12062 declare by resolution the necessity for the issuance of general 12063 obligation bonds of the State of Mississippi to provide funds for
12064 all costs incurred or to be incurred by the * * * Mississippi 12065 Department of Transportation in constructing and reconstructing
12066 highways and performing the projects authorized under Section 12067 65-39-1.
12068 (2) The amount of bonds issued under Sections 65-39-5 12069 through 65-39-33 shall not exceed Three Hundred Twenty-five 12070 Million Dollars ($325,000,000.00). 12071 (3) Upon the adoption of a resolution by the Mississippi
12072 Department of Transportation * * * declaring the necessity for the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 488 (AJT\EW) 12073 issuance of any part or all of the general obligation bonds
12074 authorized by this section, the * * * department shall deliver a 12075 certified copy of its resolution or resolutions to the State Bond 12076 Commission. Upon receipt of any such resolution, the State Bond 12077 Commission, in its discretion, may act as the issuing agent, 12078 prescribe the form of the bonds, advertise for and accept bids,
12079 issue and sell the bonds so authorized to be sold, and do any and 12080 all other things necessary and advisable in connection with the 12081 issuance and sale of such bonds.
12082 SECTION 271. Section 65-39-17, Mississippi Code of 1972, is 12083 amended as follows: 12084 65-39-17. (1) The proceeds of the bonds issued under 12085 Section 65-39-5 and the proceeds of notes issued under Section
12086 31-17-127 for the purpose of providing funds for infrastructure 12087 projects under Section 65-39-1 shall be deposited in a special 12088 fund that is created in the State Treasury to be known as the 12089 "Gaming Counties State Assisted Infrastructure Fund." 12090 (2) Unexpended amounts remaining in the special fund created
12091 in subsection (1) of this section at the end of a fiscal year 12092 shall not lapse into the State General Fund, and any interest
12093 earned on amounts in such special fund shall be deposited to the 12094 credit of the special fund. 12095 (3) Upon the issuance and sale of bonds under the provisions 12096 of Sections 65-39-5 through 65-39-33 or notes under Section 12097 31-17-127 for the purpose of providing funds for infrastructure
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 489 (AJT\EW) 12098 projects under Section 65-39-1, the State Bond Commission shall 12099 transfer the proceeds of any such sale or sales to the special 12100 fund created in subsection (1) of this section. The proceeds of 12101 such bonds or notes shall be disbursed solely upon the order of
12102 the Mississippi Department of Transportation * * *, and shall be 12103 issued under such restrictions, if any, as may be contained in the
12104 resolution providing for the issuance of the bonds or notes.
12105 SECTION 272. Section 65-39-37, Mississippi Code of 1972, is 12106 amended as follows:
12107 65-39-37. The Mississippi Department of Transportation * * * 12108 may provide the twenty percent (20%) state matching share and 12109 federal nonparticipating costs for Special Category Projects as 12110 provided for in Public Law 102-240 (the Intermodal Surface
12111 Transportation Efficiency Act of 1991). In addition to any other 12112 authorized use, such funds may be expended for Special Category 12113 Projects within Public Law 102-240 as set forth in Section 1103 12114 "High Cost Bridge Projects," Section 1104 "Congestion Relief 12115 Projects," Section 1105 "High Priority Corridors on National
12116 Highway System," Section 1106 "Rural and Urban Access Projects," 12117 Section 1107 "Innovative Projects," and Section 1108 "Priority
12118 Intermodal Projects." The department shall use funds obtained 12119 pursuant to this section for the specific purpose of facilitating 12120 the use of additional eighty percent (80%) federal funds provided 12121 to the Mississippi Department of Transportation from the Congress 12122 of the United States throughout each of the five (5) Congressional
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 490 (AJT\EW) 12123 Districts of the State of Mississippi. The department also shall 12124 utilize any funds obtained pursuant to this section to provide the 12125 state matching share and nonparticipating share for preliminary 12126 engineering and right-of-way acquisition work for all projects so 12127 authorized and shall provide the state share and nonparticipating 12128 portion for all projects for which the federal share of the
12129 construction is provided through funds not within the normal 12130 annual apportionment of the Highway Trust Fund to the State of 12131 Mississippi.
12132 SECTION 273. Section 65-41-5, Mississippi Code of 1972, is 12133 amended as follows:
12134 65-41-5. The Mississippi Department of Transportation * * * 12135 may administer a Mississippi Scenic Byways Program. Under the
12136 program, the department, with assistance from the Scenic Byways 12137 Advisory Committee created under Section 65-41-7, shall develop, 12138 adopt and implement a scenic byways corridor management plan for 12139 the state. The plan shall be consistent with the provisions of 12140 this chapter and with guidelines established by federal law, and
12141 shall specify actions, procedures, controls, operational practices 12142 and administrative strategies necessary to govern the selection,
12143 nomination and declaration of scenic byways and to ensure that 12144 highways, roads, streets and corridors designated as scenic byways 12145 are properly managed and that their intrinsic qualities are 12146 maintained.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 491 (AJT\EW) 12147 SECTION 274. Section 65-41-7, Mississippi Code of 1972, is 12148 amended as follows: 12149 65-41-7. (1) There is created a Scenic Byways Advisory 12150 Committee to assist the department in the development and 12151 administration of the Mississippi Scenic Byways Program, the 12152 adoption of a corridor management plan, the review of scenic byway
12153 applications and the selection and nomination of highways, roads 12154 and streets as scenic byways. The committee shall consist of: 12155 (a) Two (2) members from each of the following 12156 entities, with one (1) member from each entity being the executive 12157 director of that entity, or his or her designee, and the other 12158 member being a member of that entity selected by its executive 12159 director:
12160 (i) The Mississippi Department of Transportation; 12161 (ii) The Mississippi Development Authority, 12162 Division of Tourism Development; 12163 (iii) The Keep Mississippi Beautiful/People 12164 Against Litter Association;
12165 (iv) The Mississippi Association of Supervisors; 12166 (v) The Mississippi Outdoor Advertising
12167 Association; 12168 (vi) The Mississippi Retail Association; 12169 (vii) The Mississippi Tourism Association; and 12170 (viii) The Mississippi Municipal League; and
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 492 (AJT\EW) 12171 (b) Three (3) members to be selected by the Mississippi
12172 Department of Transportation * * *. 12173 (2) The corridor management plan adopted by the committee 12174 shall use best management practices to maintain the intrinsic 12175 qualities of highways, roads and streets designated as scenic 12176 byways while ensuring the rights of landowners, including riparian
12177 owners, to continue existing agriculture, forestry, water supply, 12178 recreational, residential, commercial and industrial uses, and any 12179 other uses of land and water, identified in the plan. The 12180 department may enter into agreements for the mutual management of 12181 scenic byways with counties, municipalities and other political 12182 subdivisions of the state, state and federal agencies and private 12183 landowners or businesses. The plan shall ensure that landowners
12184 have input into management practices of any land or water that is 12185 designated as a scenic byway or that is included within a scenic 12186 byway corridor. Land placed in the program shall not be obtained 12187 by eminent domain. A landowner's decision to participate in the 12188 program shall be entirely voluntary and a participating landowner
12189 may terminate his participation at any time without liability, 12190 criminally or civilly, for his subsequent failure to participate.
12191 Counties, municipalities and other political subdivisions of the 12192 state may participate in the program as landowners in the same 12193 manner as private landowners. For the purposes of carrying out 12194 the intent of this chapter, counties, municipalities and other 12195 political subdivisions of the state, in addition to and
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 493 (AJT\EW) 12196 supplemental to any other powers authorized by law for the 12197 acquisition of real property, may acquire by donation or purchase, 12198 but not by eminent domain, interests in real property. 12199 (3) The plan adopted under this chapter shall be in 12200 compliance with all applicable Federal Highway Administration 12201 rules, regulations and policies regarding outdoor advertising on
12202 or along a highway, road or street designated as a scenic byway. 12203 Nothing in this chapter shall be interpreted as amending or 12204 limiting any county or municipal zoning or land use ordinance 12205 unless the county or municipality has authorized the amendment 12206 according to the procedure provided for in its ordinance. 12207 (4) A corridor management plan may not become effective 12208 until a draft of the plan has been submitted for review and
12209 recommendation to the Transportation Committee of the House of 12210 Representatives and the Highways and Transportation Committee of 12211 the Senate.
12212 SECTION 275. Section 65-43-1, Mississippi Code of 1972, is 12213 amended as follows:
12214 65-43-1. The Mississippi Department of Transportation * * * 12215 county boards of supervisors and/or the governing authorities of
12216 municipalities (hereinafter referred to as governmental entities), 12217 in their discretion, may construct, operate and maintain, 12218 individually or jointly with other governmental entities, one or 12219 more new toll roads or toll bridges in the state for motor vehicle 12220 traffic, including toll booths and related facilities, at those
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 494 (AJT\EW) 12221 locations where an alternate untolled route exists. All such 12222 highways, pavement, bridges, drainage-related structures and other 12223 infrastructure comprising the projects shall be built and 12224 maintained in accordance with not less than the minimum highway 12225 design, construction and maintenance standards established by the 12226 contracting governmental entity for such highways, infrastructure
12227 and facilities.
12228 SECTION 276. Section 65-43-3, Mississippi Code of 1972, is 12229 amended as follows: 12230 65-43-3. (1) (a) In addition to and as an alternative to 12231 any other authority granted by law, including, but not limited to, 12232 Section 65-43-1, any governmental entities, as defined in Section 12233 65-43-1, in their discretion, may contract, individually or
12234 jointly with other governmental entities, with any persons, 12235 corporations, partnerships or other businesses licensed to do 12236 business in the State of Mississippi (hereinafter referred to as 12237 "companies" or "company") for the purpose of designing, financing, 12238 constructing, operating and maintaining one or more new toll roads
12239 or toll bridges in the state for motor vehicle traffic, including 12240 tollbooths and related facilities, at those locations where an
12241 alternate untolled route exists. Such contracts may provide that 12242 the governmental entities may grant certain rights (including, but 12243 not limited to, the right to exclusively operate and maintain) in 12244 land held by the governmental entities, whether in fee simple, as 12245 an easement or other interest, to a company for design,
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 495 (AJT\EW) 12246 construction, operation and/or maintenance of roadways, highways 12247 or bridges for motor vehicle traffic, tollbooths and related 12248 facilities. All such highways, pavement, bridges, 12249 drainage-related structures and other infrastructure comprising 12250 the projects shall be built and maintained in accordance with not 12251 less than the minimum highway design, construction and maintenance
12252 standards established by the contracting governmental entity for 12253 such highways, infrastructure and facilities. The contracting 12254 governmental entity shall conduct periodic inspections of any such 12255 project throughout the term of the contract to ensure compliance 12256 by the company. Failure of a company to comply with minimum 12257 standards established for the project by the contracting 12258 governmental entity shall constitute a breach and shall subject
12259 the company to liability on its bond or security or to rescission 12260 of the contract in accordance with the terms and provisions of the 12261 contract. 12262 (b) A governmental entity may not enter into a contract 12263 under this section with (i) any company designated as a foreign
12264 terrorist organization pursuant to Presidential Executive Order 12265 13224 or Section 302 of the federal Antiterrorism or Effective
12266 Death Penalty Act of 1996, (ii) any company under the control of a 12267 so-designated foreign terrorist organization, or (iii) any company 12268 controlled by a foreign person if to do so would violate any order 12269 of the Committee on Foreign Investment in the United States under 12270 the Foreign Investment and National Security Act of 2007, H.R.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 496 (AJT\EW) 12271 566, 110th Cong. (2007), Public Law 110-49, 121 Stat. 246. These 12272 requirements also shall apply to any proposed transfer or 12273 assignment of any contract entered into under this section. 12274 (2) (a) Every contract entered into by a governmental 12275 entity under this section (except for contracts entered into with 12276 another governmental entity or following termination of a
12277 predecessor contract entered into under this section), at a 12278 minimum, must provide for the design and construction of a new 12279 toll road or toll bridge project and may also provide for the 12280 financing, acquisition, lease, maintenance, and/or operation of a 12281 new toll road or toll bridge project. 12282 (b) If a governmental entity enters into a contract 12283 with a company as authorized by this section, such governmental
12284 entity shall use a competitive procurement process that provides 12285 the best value for the governmental entity. The governmental 12286 entity may accept unsolicited proposals for a proposed new toll 12287 road or solicit proposals in accordance with this section. 12288 (c) A governmental entity shall publish a request for
12289 competing proposals and qualifications in a newspaper having a 12290 general circulation within such governmental entity or, if the
12291 governmental entity is the Mississippi Department of
12292 Transportation * * *, shall publish the request in a newspaper 12293 having a general circulation at the seat of government and, if the 12294 governmental entity has a website, shall post the request on such 12295 website. Such request shall include the criteria used to evaluate
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 497 (AJT\EW) 12296 the proposals, the relative weight given to the criteria and a 12297 deadline by which proposals must be received. At a minimum, a 12298 proposal submitted in response to such request must contain: 12299 (i) Information regarding the proposed project 12300 location, scope and limits; 12301 (ii) Information regarding the company's
12302 qualifications, experience, technical competence, and capability 12303 to develop the project; and 12304 (iii) A proposed financial plan for the proposed 12305 project that includes, at a minimum, the projected project costs, 12306 projected revenues and proposed sources of funds. 12307 A governmental entity may interview a company submitting a 12308 solicited or unsolicited proposal. In evaluating such proposals,
12309 a governmental entity may solicit input from other sources 12310 regarding such proposals. 12311 (d) The governmental entity shall rank each proposal 12312 based on the criteria described in the request for proposals and 12313 select the company whose proposal offers the best value to the
12314 governmental entity. The governmental entity may enter into 12315 discussions with the company whose proposal offers the best value.
12316 If at any point during the discussions it appears to the 12317 governmental entity that the highest ranking proposal will not 12318 provide the governmental entity with the overall best value, the 12319 governmental entity may enter into discussions with the company 12320 submitting the next highest ranking proposal.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 498 (AJT\EW) 12321 (e) The governmental entity may withdraw a request for 12322 competing proposals and qualifications at any time and for any 12323 reason and may reject any one (1) or all proposals. In either 12324 case, the governmental entity may then publish a new request for 12325 competing proposals and qualifications. A governmental entity 12326 shall not be required to pay any company for the costs of
12327 preparing or submitting proposals. 12328 (f) The governmental entity shall prescribe the general 12329 form of a contract authorized by this section and may include any 12330 matter the governmental entity considers advantageous to it. The 12331 governmental entity and the company shall negotiate the specific 12332 terms of the contract. 12333 (g) Except as provided under this subsection (2), no
12334 such contract entered into hereunder shall be subject to the 12335 provisions of Section 65-1-8, Section 31-7-13 or any other public 12336 bid or public procurement laws of this state.
12337 (h) The Mississippi Department of Transportation * * * 12338 shall evaluate each proposal based on the criteria established by
12339 the * * * department. The * * * department shall approve or 12340 disapprove a proposal within ninety (90) days after receipt of the
12341 proposal. If the * * * department needs additional information, 12342 it may delay approval for an additional sixty (60) days. 12343 (i) Any right or interest arising under or as a result 12344 of any contract entered into under this section by a governmental 12345 entity with a company involving a franchise, license agreement,
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 499 (AJT\EW) 12346 concession agreement, operating agreement, construction agreement, 12347 design agreement and/or any other similar contractual arrangement 12348 in connection with the financing, design, construction, 12349 acquisition, maintenance and/or operation of a toll road or toll 12350 bridge project shall not constitute any right, title or interest 12351 in land or other real property or real estate or in personal
12352 property within the meaning of Article 1, Chapter 35, Title 27, 12353 Mississippi Code of 1972, in the toll road or toll bridge project, 12354 including tollbooths and related toll facilities (including, but 12355 not limited to, land, pavement, drainage-related structures, and 12356 other infrastructure and property related thereto) in which a 12357 governmental entity is the title owner of such property and/or 12358 holder of easements, rights-of-way and/or other interests for such
12359 toll road or toll bridge project. 12360 (3) Every contract entered into by a governmental entity 12361 under this section shall require a company to enter into bond and 12362 provide such security as the governmental entity determines may be 12363 necessary or advisable to ensure timely completion and proper
12364 execution and performance of the contract. The term of the 12365 contract shall not exceed fifty (50) years and shall not be
12366 extended or renewed. The governmental entities are authorized to 12367 acquire such property or interests in property as may be 12368 necessary, by gift, purchase or eminent domain, for construction 12369 and maintenance of the highways or bridges built pursuant to 12370 contracts entered into under this section. Upon expiration,
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 500 (AJT\EW) 12371 termination or rescission of the contract, any and all rights 12372 and/or interests that the company may have in the land, 12373 infrastructure, facilities or other improvements to the property 12374 subject to contract shall terminate and automatically, by 12375 operation of law, be returned or conveyed to and vested in the 12376 State of Mississippi or the contracting governmental entity. Upon
12377 termination, expiration or rescission of the contract, the 12378 collection of tolls shall cease. 12379 (4) The governmental entity having jurisdiction over the 12380 toll highway or bridge may, after notice and public hearing, 12381 establish, charge and collect motor vehicle operator tolls for use 12382 of the highway or bridge and its facilities. Alternatively, 12383 during the term of any contract entered into under this section,
12384 the company may establish, charge and collect motor vehicle 12385 operators tolls for use of the highway or bridge and its 12386 facilities. The amount of such tolls, and any modification 12387 thereto, shall be subject to approval by the contracting 12388 governmental entity after notice and public hearing. All such
12389 contracts entered into with the Mississippi Department of
12390 Transportation * * * may require a company to pay a percentage or 12391 other specified portion of all tolls collected to the Mississippi 12392 Department of Transportation. If bonds are issued pursuant to 12393 Section 65-43-13, then all such tolls paid to the department shall 12394 be deposited into the special bond sinking fund under Section 12395 65-43-11, and may be expended only as authorized by the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 501 (AJT\EW) 12396 Legislature. If bonds are not issued pursuant to Section 12397 65-43-13, then all such tolls paid to the department shall be 12398 deposited into the department's highway fund to be used by the 12399 department for the construction and maintenance of highways. 12400 (5) If a toll road is a designated evacuation route and a 12401 declaration of a state of emergency is issued by the President of
12402 the United States or by the Governor, the collection of tolls 12403 shall cease until the termination of the state of emergency. 12404 (6) All statutes of this state relating to vehicle and 12405 traffic regulation and control shall be applicable to motor 12406 vehicles operated upon highways and bridges constructed under this 12407 section and shall be enforceable by the Mississippi Department of 12408 Public Safety, the Mississippi Highway Safety Patrol or any other
12409 law enforcement agency having jurisdiction over such highways and 12410 bridges.
12411 (7) The State of Mississippi, * * * the Mississippi 12412 Department of Transportation, counties, municipalities or any 12413 other agency or political subdivision, or any officer or employee
12414 thereof, shall not be liable for any tortious act or omission 12415 arising out of the construction, maintenance or operation of any
12416 highway or bridge project under the provisions of this section 12417 where the act or omission occurs during the term of any such 12418 contract entered into by the Mississippi Department of
12419 Transportation * * * or other governmental entity and a company.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 502 (AJT\EW) 12420 SECTION 277. Section 65-43-4, Mississippi Code of 1972, is 12421 amended as follows: 12422 65-43-4. On or before January 10 of each year the
12423 Mississippi Department of Transportation * * * shall submit a 12424 detailed report to the Chairman of the Senate Highways and 12425 Transportation Committee and the Chairman of the House
12426 Transportation Committee describing and evaluating the financial
12427 and operational performance by a company with which the * * * 12428 department has contracted under Chapter 44, Laws of First 12429 Extraordinary Session of 2008, of the company's duties and 12430 responsibilities regarding the construction, operation and 12431 maintenance of a toll road or toll bridge project.
12432 SECTION 278. Section 65-43-5, Mississippi Code of 1972, is 12433 amended as follows: 12434 65-43-5. The powers conferred by Sections 65-43-1 and 12435 65-43-3 shall be in addition to the powers conferred by any other 12436 law, general, special or local. Sections 65-43-1 and 65-43-3 12437 shall be construed as an additional and alternative method of
12438 funding all or any portion of the purchasing, building, improving, 12439 owning or operating of roadways, highways or bridges under the
12440 jurisdiction of the Mississippi Department of
12441 Transportation * * *, county boards of supervisors or municipal 12442 governing authorities, any provision of the laws of the state or 12443 any charter of any municipality to the contrary notwithstanding.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 503 (AJT\EW) 12444 SECTION 279. Section 65-43-9, Mississippi Code of 1972, is 12445 amended as follows: 12446 65-43-9. (1) (a) A special fund, to be designated as the 12447 "Toll Road Revenue Bond Fund," is created within the State 12448 Treasury. The fund shall be maintained by the State Treasurer as 12449 a separate and special fund, separate and apart from the General
12450 Fund of the state. Unexpended amounts remaining in the fund at 12451 the end of a fiscal year shall not lapse into the State General 12452 Fund, and any interest earned or investment earnings on amounts in 12453 the fund shall be deposited into such fund. 12454 (b) Monies deposited into the fund shall be disbursed, 12455 in the discretion of the Mississippi Department of
12456 Transportation * * *, to pay the costs incurred in defraying the 12457 expenses of projects authorized pursuant to Sections 65-43-1 and 12458 65-43-3. 12459 (2) Amounts deposited into such special fund shall be 12460 disbursed to pay the expenses described in subsection (1) of this 12461 section. If any monies in the special fund are not used within
12462 six (6) years after the date the proceeds of the bonds authorized 12463 under this section and Sections 6 through 20 of Chapter 582, Laws
12464 of 2007, are deposited into such fund, then the Mississippi
12465 Department of Transportation * * * shall provide an accounting of 12466 such unused monies to the State Bond Commission. Promptly after 12467 the State Bond Commission has certified, by resolution duly 12468 adopted, that the projects for which the revenue bonds have been
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 504 (AJT\EW) 12469 issued shall have been completed, abandoned or cannot be completed 12470 in a timely fashion, any amounts remaining in such special fund 12471 shall be applied to pay debt service on the bonds issued under 12472 this section and Sections 6 through 20 of Chapter 582, Laws of 12473 2007, in accordance with the proceedings authorizing the issuance 12474 of such bonds and as directed by the State Bond Commission.
12475 SECTION 280. Section 65-43-13, Mississippi Code of 1972, is 12476 amended as follows: 12477 65-43-13. (1) The State Bond Commission, at one time or 12478 from time to time, may declare by resolution the necessity for 12479 issuance of revenue bonds of the State of Mississippi for the 12480 purpose of providing funds to defray the expenses of projects 12481 authorized pursuant to Sections 65-43-1 and 65-43-3. Upon the
12482 adoption of a resolution by the Mississippi Department of
12483 Transportation * * *, declaring the necessity for the issuance of 12484 the revenue bonds authorized by this section, the Mississippi
12485 Department of Transportation * * * shall deliver a certified copy 12486 of its resolution or resolutions to the State Bond Commission.
12487 Upon receipt of such resolution, the State Bond Commission, in its 12488 discretion, may act as the issuing agent, prescribe the form of
12489 the bonds, advertise for and accept bids, issue and sell, at 12490 public or private sale, the bonds so authorized to be sold and do 12491 any and all other things necessary and advisable in connection 12492 with the issuance and sale of such bonds. Revenue bonds issued 12493 under this section shall be in such principal amounts as the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 505 (AJT\EW) 12494 Mississippi Department of Transportation * * * may determine to be 12495 necessary to provide sufficient funds to defray the expenses of 12496 projects authorized pursuant to Sections 65-43-1 and 65-43-3. 12497 (2) Any investment earnings on amounts deposited into the 12498 special fund created in Section 65-43-9 shall be used to pay debt 12499 service on bonds issued under Sections 65-43-9 through 65-43-39,
12500 in accordance with the proceedings authorizing issuance of such 12501 bonds.
12502 SECTION 281. Section 65-43-25, Mississippi Code of 1972, is 12503 amended as follows: 12504 65-43-25. Upon the issuance and sale of bonds under the 12505 provisions of Sections 65-43-9 through 65-43-39, the State Bond 12506 Commission shall transfer the proceeds of any such sale or sales
12507 to a special fund created in Section 65-43-9. The proceeds of 12508 such bonds shall be disbursed solely upon the order of the
12509 Mississippi Department of Transportation * * * under such 12510 restrictions, if any, as may be contained in the resolution 12511 providing for the issuance of the bonds.
12512 SECTION 282. Section 69-7-103, Mississippi Code of 1972, is 12513 amended as follows:
12514 69-7-103. The board shall consist of the State Commissioner 12515 of Agriculture and Commerce, who shall be a member and ex officio 12516 chairman thereof, and four (4) other members to be appointed by 12517 the Governor, one (1) of whom shall be from each of the former 12518 highway commissioner's district as such districts existed on
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 506 (AJT\EW) 12519 December 31, 2017, and the fourth member from the state at large, 12520 all of whom shall be qualified electors of the State of 12521 Mississippi, one (1) of whom shall be a wholesale groceryman 12522 dealing in fruits and vegetables, one (1) a retail groceryman 12523 dealing in fruits and vegetables, one (1) a farmer growing fruits 12524 and/or vegetables, and one (1) a farmer producing poultry and
12525 eggs. In making the first appointments, the term of office of the 12526 farmer producing poultry and eggs shall be appointed for one (1) 12527 year, the retail groceryman dealing in fruits and vegetables shall 12528 be appointed for two (2) years, the farmer growing fruits and/or 12529 vegetables shall be appointed for three (3) years, and the 12530 wholesale groceryman dealing in fruits and vegetables shall be for 12531 four (4) years, and each of the successors shall thereafter be
12532 appointed for a term of four (4) years. Vacancies on the board 12533 shall be filled by the Governor for the unexpired term.
12534 SECTION 283. Section 69-13-205, Mississippi Code of 1972, is 12535 amended as follows: 12536 69-13-205. The respective boards of supervisors of the
12537 several counties of the state, in their discretion, are authorized 12538 and directed to erect, construct and maintain suitable fences and
12539 cattlegaps along the right-of-ways of United States highways and 12540 state designated highways to prevent livestock from running at 12541 large as provided hereinafter. However, nothing in this article 12542 shall apply in any county coming under the state stock law.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 507 (AJT\EW) 12543 The board of supervisors in any county having voted to come 12544 within the provisions of the statewide stock law, may maintain any 12545 fence or fences constructed under the authority of this article 12546 from any funds not public funds, donated by any person, firm or 12547 corporation for said purposes and further, may receive and accept
12548 funds from the * * * Mississippi Department of Transportation for
12549 the relocation of said fence or fences required by said * * * 12550 department. In its discretion and in the alternative, said board 12551 may authorize any person, firm or corporation to maintain said 12552 fence or fences.
12553 SECTION 284. Section 71-3-5, Mississippi Code of 1972, is 12554 amended as follows: 12555 71-3-5. The following shall constitute employers subject to
12556 the provisions of this chapter: 12557 Every person, firm and private corporation, including any 12558 public service corporation but excluding, however, all nonprofit 12559 charitable, fraternal, cultural, or religious corporations or 12560 associations, that have in service five (5) or more workmen or
12561 operatives regularly in the same business or in or about the same 12562 establishment under any contract of hire, express or implied.
12563 Any state agency, state institution, state department, or 12564 subdivision thereof, including counties, municipalities and school 12565 districts, or the singular thereof, not heretofore included under 12566 the Workers' Compensation Law, may elect, by proper action of its 12567 officers or department head, to come within its provisions and, in
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 508 (AJT\EW) 12568 such case, shall notify the commission of such action by filing 12569 notice of compensation insurance with the commission. Payment for 12570 compensation insurance policies so taken may be made from any 12571 appropriation or funds available to such agency, department or 12572 subdivision thereof, or from the general fund of any county or 12573 municipality.
12574 From and after July 1, 1990, all offices, departments, 12575 agencies, bureaus, commissions, boards, institutions, hospitals, 12576 colleges, universities, airport authorities or other 12577 instrumentalities of the "state" as such term is defined in 12578 Section 11-46-1, Mississippi Code of 1972, shall come under the 12579 provisions of the Workers' Compensation Law. Payment for 12580 compensation insurance policies so taken may be made from any
12581 appropriation or funds available to such office, department, 12582 agency, bureau, commission, board, institution, hospital, college, 12583 university, airport authority or other instrumentality of the 12584 state. 12585 From and after October 1, 1990, counties and municipalities
12586 shall come under the provisions of the Workers' Compensation Law. 12587 Payment for compensation insurance policies so taken may be made
12588 from any funds available to such counties and municipalities. 12589 From and after October 1, 1993, all "political subdivisions," 12590 as such term is defined in Section 11-46-1, Mississippi Code of 12591 1972, except counties and municipalities shall come under the 12592 provisions of the Workers' Compensation Law. Payment for
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 509 (AJT\EW) 12593 compensation insurance policies so taken may be made from any 12594 funds available to such political subdivisions. 12595 From and after July 1, 1988, the "state" as such term is 12596 defined in Section 11-46-1, Mississippi Code of 1972, may elect to 12597 become a self-insurer under the provisions elsewhere set out by 12598 law, by notifying the commission of its intent to become a
12599 self-insurer. The cost of being such a self-insurer, as provided 12600 otherwise by law, may be paid from funds available to the offices, 12601 departments, agencies, bureaus, commissions, boards, institutions, 12602 hospitals, colleges, universities, airport authorities or other 12603 instrumentalities of the state.
12604 The Mississippi Department of Transportation * * *, the 12605 Department of Public Safety and the Mississippi Industries for the
12606 Blind may elect to become self-insurers under the provisions 12607 elsewhere set out by law by notifying the commission of their 12608 intention of becoming such a self-insurer. The cost of being such 12609 a self-insurer, as provided elsewhere by law, may be paid from 12610 funds available to the Mississippi Department of
12611 Transportation * * *, the Department of Public Safety or the 12612 Mississippi Industries for the Blind.
12613 The Mississippi State Senate and the Mississippi House of 12614 Representatives may elect to become self-insurers under provisions 12615 elsewhere set out by law by notifying the commission of their 12616 intention of becoming such self-insurers. The cost of being such 12617 self-insurers, as provided elsewhere by law, may be paid from
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 510 (AJT\EW) 12618 funds available to the Mississippi State Senate and the 12619 Mississippi House of Representatives. The Mississippi State 12620 Senate and the Mississippi House of Representatives are authorized 12621 and empowered to provide workers' compensation benefits for 12622 employees after January 1, 1970. 12623 Any municipality of the State of Mississippi having forty
12624 thousand (40,000) population or more desiring to do so may elect 12625 to become a self-insurer under provisions elsewhere set out by law 12626 by notifying the commission of its intention of becoming such an 12627 insurer. The cost of being such a self-insurer, as provided 12628 elsewhere by law, may be provided from any funds available to such 12629 municipality. 12630 The commission may, under such rules and regulations as it
12631 prescribes, permit two (2) or more "political subdivisions," as 12632 such term is defined in Section 11-46-1, Mississippi Code of 1972, 12633 to pool their liabilities to participate in a group workers' 12634 compensation self-insurance program. The governing authorities of 12635 any political subdivision may authorize the organization and
12636 operation of, or the participation in such a group self-insurance 12637 program with other political subdivisions, provided such program
12638 is approved by the commission. The cost of participating in a 12639 group self-insurance program may be provided from any funds 12640 available to a political subdivision. 12641 Domestic servants, farmers and farm labor are not included 12642 under the provisions of this chapter, but this exemption does not
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 511 (AJT\EW) 12643 apply to the processing of agricultural products when carried on 12644 commercially. Any purchaser of timber products shall not be 12645 liable for workers' compensation for any person who harvests and 12646 delivers timber to such purchaser if such purchaser is not liable 12647 for unemployment tax on the person harvesting and delivering the 12648 timber as provided by United States Code Annotated, Title 26,
12649 Section 3306, as amended. Provided, however, nothing in this 12650 section shall be construed to exempt an employer who would 12651 otherwise be covered under this section from providing workers' 12652 compensation coverage on those employees for whom he is liable for 12653 unemployment tax. 12654 Employers exempted by this section may assume, with respect 12655 to any employee or classification of employees, the liability for
12656 compensation imposed upon employers by this chapter with respect 12657 to employees within the coverage of this chapter. The purchase 12658 and acceptance by such employer of valid workers' compensation 12659 insurance applicable to such employee or classification of 12660 employees shall constitute, as to such employer, an assumption by
12661 him of such liability under this chapter without any further act 12662 on his part notwithstanding any other provisions of this chapter,
12663 but only with respect to such employee or such classification of 12664 employees as are within the coverage of the state fund. Such 12665 assumption of liability shall take effect and continue from the 12666 effective date of such workers' compensation insurance and as long 12667 only as such coverage shall remain in force, in which case the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 512 (AJT\EW) 12668 employer shall be subject with respect to such employee or 12669 classification of employees to no other liability than the 12670 compensation as provided for in this chapter. 12671 An owner/operator, and his drivers, must provide a 12672 certificate of insurance of workers' compensation coverage to the 12673 motor carrier or proof of coverage under a self-insured plan or an
12674 occupational accident policy. Any such occupational accident 12675 policy shall provide a minimum of One Million Dollars 12676 ($1,000,000.00) of coverage. Should the owner/operator fail to 12677 provide written proof of coverage to the motor carrier, then the 12678 owner/operator, and his drivers, shall be covered under the motor 12679 carrier's workers' compensation insurance program and the motor 12680 carrier is authorized to collect payment of the premium from the
12681 owner/operator. In the event that coverage is obtained by the 12682 owner/operator under a workers' compensation policy or through a 12683 self-insured or occupational accident policy, then the 12684 owner/operator, and his drivers, shall not be entitled to benefits 12685 under the motor carrier's workers' compensation insurance program
12686 unless the owner/operator has elected in writing to be covered 12687 under the carrier's workers' compensation program or policy or if
12688 the owner/operator is covered by the carrier's plan because he 12689 failed to obtain coverage. Coverage under the motor carrier's 12690 workers' compensation insurance program does not terminate the 12691 independent contractor status of the owner/operator under the 12692 written contract or lease agreement. Nothing shall prohibit or
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 513 (AJT\EW) 12693 prevent an owner/operator from having or securing an occupational 12694 accident policy in addition to any workers' compensation coverage 12695 authorized by this section. Other than the amendments to this 12696 section by Chapter 523, Laws of 2006, the provisions of this 12697 section shall not be construed to have any effect on any other 12698 provision of law, judicial decision or any applicable common law.
12699 This chapter shall not apply to transportation and maritime 12700 employments for which a rule of liability is provided by the laws 12701 of the United States. 12702 This chapter shall not be applicable to a mere direct 12703 buyer-seller or vendor-vendee relationship where there is no 12704 employer-employee relationship as defined by Section 7l-3-3, and 12705 any insurance carrier is hereby prohibited from charging a premium
12706 for any person who is a seller or vendor rather than an employee. 12707 Any employer may elect, by proper and written action of its 12708 own governing authority, to be exempt from the provisions of the 12709 Workers' Compensation Law as to its sole proprietor, its partner 12710 in a partnership or to its employee who is the owner of fifteen
12711 percent (15%) or more of its stock in a corporation, if such sole 12712 proprietor, partner or employee also voluntarily agrees thereto in
12713 writing. Any sole proprietor, partner or employee owning fifteen 12714 percent (15%) or more of the stock of his/her corporate employer 12715 who becomes exempt from coverage under the Workers' Compensation 12716 Law shall be excluded from the total number of workers or
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 514 (AJT\EW) 12717 operatives toward reaching the mandatory coverage threshold level 12718 of five (5).
12719 SECTION 285. Section 71-3-38, Mississippi Code of 1972, is 12720 amended as follows: 12721 71-3-38. While acting as a self-insurer as authorized by
12722 Section 71-3-5, the * * * Mississippi Department of Transportation 12723 is authorized and empowered to establish and maintain, from funds 12724 made available upon requisition from the State Treasury, a special 12725 workmen's compensation account, and to deposit such funds therein, 12726 and to pay therefrom the workmen's compensation benefits as 12727 authorized by Section 71-3-37, and to pay such awards as may be 12728 entered and such other costs, expenses and benefits as may be 12729 incidental to the settlement of such workmen's compensation
12730 claims. Disbursement from such special account shall be by check 12731 properly drawn against such account and signed by such personnel
12732 as may be duly authorized by the * * * Mississippi Department of 12733 Transportation. Payment from the special account shall be deemed 12734 payments of and from the State of Mississippi.
12735 SECTION 286. Section 77-7-13, Mississippi Code of 1972, is 12736 amended as follows:
12737 77-7-13. (1) It shall be the duty of the commission and the 12738 commission shall have the power: 12739 (a) To regulate common carriers by motor vehicle and 12740 contract carriers by motor vehicle not exempted in this chapter, 12741 doing business in this state, and to that end, the commission may
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 515 (AJT\EW) 12742 establish reasonable requirements with respect to continuous and 12743 adequate service, transportation of baggage and express, uniform 12744 system of accounts, records and reports, preservation of records, 12745 and safety of operation and equipment, including maximum hours of 12746 service of employees. 12747 (b) For the purpose of carrying out the provisions of
12748 this chapter, to avail itself of the special information of the
12749 Mississippi Department of Transportation * * * in promulgating 12750 safety requirements and in considering applications for 12751 certificates or permits with particular reference to conditions of 12752 the public highway or highways involved, and the ability of the 12753 said public highway or highways to carry added traffic; the
12754 Mississippi Department of Transportation * * * upon request of the 12755 commission shall furnish such information. 12756 (c) To administer, execute and enforce all other 12757 provisions of this chapter, to make necessary orders in connection 12758 therewith, and to prescribe rules, regulations and procedure for 12759 such administration.
12760 (d) To inquire into the organization of motor carriers, 12761 and into the management of their businesses, to keep itself
12762 informed as to the manner and method in which the same is 12763 conducted, and to transmit to the Legislature, from time to time, 12764 such recommendations as to additional legislation relating to such 12765 carriers as the commission may deem necessary.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 516 (AJT\EW) 12766 (2) The commission may from time to time establish such just 12767 and reasonable classifications of groups of carriers included in 12768 the terms "common carrier by motor vehicle" and "contract carrier 12769 by motor vehicle," as the special nature of the services performed 12770 by such carriers shall require, and the commission may from time 12771 to time establish such just and reasonable rules, regulations and
12772 requirements, consistent with the provisions of this chapter, to 12773 be observed by the carriers so classified or grouped, as the 12774 commission deems necessary or desirable in the public interest. 12775 (3) The commission may from time to time enter into joint 12776 and cooperative agreements with other governmental agencies in 12777 regard to safety, forms, operating procedures and regulatory 12778 jurisdiction.
12779 (4) The rules, regulations, requirements and classifications 12780 adopted in pursuance to the power and duty of the commission by 12781 this section granted and imposed shall conform as nearly as 12782 practicable to the rules, regulations, requirements and 12783 classifications promulgated by the Interstate Commerce Commission,
12784 the United States Department of Transportation, or any other 12785 appropriate governmental agency.
12786 (5) The commission shall not have the duty nor the power to 12787 regulate the rates of common carriers by motor vehicle which 12788 undertake, whether directly or by a lease or any other 12789 arrangement, to transport household goods.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 517 (AJT\EW) 12790 (6) The commission shall not have the duty nor the power to 12791 regulate the rates of contract carriers by motor vehicle, who or 12792 which, under special and individual contract or agreements, and 12793 whether directly or by a lease or any other arrangement, transport 12794 household goods.
12795 SECTION 287. Section 77-7-16, Mississippi Code of 1972, is 12796 amended as follows: 12797 77-7-16. (1) Supervision and inspection of the safe 12798 operation and the safe use of equipment of motor vehicles 12799 operating in the state shall be a specified duty of the
12800 Mississippi Department of Transportation * * * and the Motor 12801 Carrier Division of the Mississippi Highway Safety Patrol within 12802 the Mississippi Department of Public Safety. In accordance
12803 therewith, the Mississippi Department of Transportation * * * 12804 shall promulgate as its own the rules, regulations, requirements 12805 and classifications of the United States Department of 12806 Transportation or any successor federal agency thereof charged 12807 with the regulation of motor vehicle safety and, along with the
12808 Motor Carrier Division of the Mississippi Highway Safety Patrol, 12809 shall enforce such rules, regulations, requirements and
12810 classifications. The Department of Public Safety shall provide 12811 training to its law enforcement officers and to law enforcement 12812 officers of the Mississippi Department of Transportation charged 12813 with the duty of enforcing the Mississippi Motor Carrier 12814 Regulatory Law of 1938 to the extent that funds are made available
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 518 (AJT\EW) 12815 and training is approved under the Motor Carrier Safety Assistance 12816 Program of the Federal Motor Carrier Safety Administration. The
12817 Mississippi Department of Transportation * * * shall establish a 12818 system of reciprocity with other states to facilitate the 12819 inspection of motor vehicles provided for in this subsection.
12820 (2) The Mississippi Department of Transportation * * * and 12821 the Motor Carrier Division of the Mississippi Highway Safety 12822 Patrol within the Mississippi Department of Public Safety shall 12823 have the authority to inspect for safe operation and safe use of 12824 equipment the following motor vehicles: 12825 (a) Each holder of a certificate of convenience and 12826 necessity, a permit to operate as a contract carrier or interstate 12827 permit;
12828 (b) Any individual, corporation or partnership engaged 12829 in a commercial enterprise operating a single motor vehicle or 12830 those in combination with a manufacturer's gross vehicle rating of 12831 more than ten thousand (10,000) pounds; and 12832 (c) Any individual, corporation or partnership
12833 operating a motor vehicle of any gross weight transporting 12834 hazardous material that requires placarding under the Federal
12835 Hazardous Material Regulations. 12836 (3) This section shall not apply to the following: 12837 (a) Motor vehicles employed to transport school 12838 children and teachers;
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 519 (AJT\EW) 12839 (b) Motor vehicles owned and operated by the United 12840 States, District of Columbia or any state or any municipality or 12841 any other political subdivision of this state; 12842 (c) Motor vehicles engaged in the occasional 12843 transportation of personal property without compensation by 12844 individuals which is not in the furtherance of a commercial
12845 enterprise; 12846 (d) Motor vehicles engaged in the transportation of 12847 human corpses or sick or injured persons; 12848 (e) Motor vehicles engaged in emergency or related 12849 operations; 12850 (f) Motor vehicles engaged in the private 12851 transportation of passengers;
12852 (g) Motor vehicles, including pickup trucks, that have 12853 a GVWR or GCWR of twenty-six thousand (26,000) pounds or less, 12854 operating intrastate only, provided that such vehicle does not: 12855 (i) Transport hazardous material requiring a 12856 placard; or
12857 (ii) Transport sixteen (16) or more passengers, 12858 including the driver.
12859 (h) Motor vehicles owned and operated by any farmer 12860 who: 12861 (i) Is using the vehicle to transport agricultural 12862 products from a farm owned by the farmer, or to transport farm 12863 machinery or farm supplies to or from a farm owned by the farmer;
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 520 (AJT\EW) 12864 (ii) Is not using the vehicle to transport 12865 hazardous materials of a type or quantity that requires the 12866 vehicle to be placarded in accordance with the Federal Hazardous 12867 Material Regulations in CFR 49 part 177.823; and 12868 (iii) Is using the vehicle within one hundred 12869 fifty (150) air miles of the farmer's farm, and the vehicle is a
12870 private motor carrier of property. 12871 (i) Motor vehicles engaged in the transportation of 12872 logs and pulpwood between the point of harvest and the first point 12873 of processing the harvested product; 12874 (j) Motor vehicles engaged exclusively in hauling 12875 gravel, soil or other unmanufactured road building materials; 12876 (k) As to hours of service only, utility service
12877 vehicles owned or operated by public utilities subject to 12878 regulation by the commission, while in intrastate commerce within 12879 this state, with a manufacturer's gross vehicle rating of less 12880 than twenty-six thousand one (26,001) pounds, unless the vehicle: 12881 (i) Transports hazardous materials requiring a
12882 placard; or 12883 (ii) Is designed or used to transport sixteen (16)
12884 or more people, including the driver. 12885 (4) Anyone who violates or fails to comply with this section 12886 shall be subject to the penalties as provided for in Section 12887 77-7-311, Mississippi Code of 1972.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 521 (AJT\EW) 12888 SECTION 288. Section 77-9-247, Mississippi Code of 1972, is 12889 amended as follows: 12890 77-9-247. Every railroad corporation or company or person or 12891 persons operating or controlling any railroad track intersecting a 12892 public road or street at grade crossings shall erect and maintain 12893 at each such crossing the standard sign known as "railroad
12894 crossbuck," the design of which has been standardized by the 12895 Association of American Railroads and which appears in the "Manual 12896 on Uniform Traffic Control Devices" for the State of Mississippi 12897 as adopted by the Commissioner of Public Safety, the Mississippi
12898 Department of Transportation * * * and the United States 12899 Department of Transportation. 12900 Provided, further, that said railroad crossbuck shall be
12901 reflectorized and be placed in the right side of the road or 12902 street on both sides of the railroad and shall indicate the number 12903 of tracks crossing the road or street in accordance with the 12904 aforesaid manual on uniform traffic control devices. 12905 The provisions of this section shall be enforced by the
12906 Mississippi Department of Transportation.
12907 SECTION 289. Section 77-9-257, Mississippi Code of 1972, is 12908 amended as follows:
12909 77-9-257. The Mississippi Department of Transportation * * * 12910 shall have every railroad inspected whenever it shall deem the 12911 same necessary, but at least once in each year. The results must
12912 be entered upon the minutes of the * * * department and embraced
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 522 (AJT\EW) 12913 in its reports, and must embrace information as to the condition 12914 of the roadbed, rolling stock and depots, and such other
12915 facilities and equipment as the * * * department may deem proper. 12916 Whenever the * * * department shall find any roadbed, tunnel, 12917 switch or any part of a railroad track, or any rolling stock in 12918 actual use, in an unsafe condition, it shall direct the railroad
12919 company to make the necessary repairs.
12920 SECTION 290. Section 77-9-481, Mississippi Code of 1972, is 12921 amended as follows: 12922 77-9-481. The inspectors, employed pursuant to the authority 12923 granted in Section 65-1-173, shall be responsible for enforcing 12924 and investigating all violations of the railroad laws, and the 12925 rules, regulations and general orders of the Mississippi
12926 Department of Transportation * * * promulgated thereunder. In the 12927 performance of their duties such employees shall give particular
12928 attention to the enforcement of the * * * department's safety 12929 rules and regulations; blocking of rights-of-way; the inspection 12930 of all equipment, rights-of-way, roadbed and tracks; and the
12931 requirement respecting certificate of public convenience and 12932 necessity, permits or other laws affecting the operation of the
12933 railroad.
12934 SECTION 291. Section 77-9-485, Mississippi Code of 1972, is 12935 amended as follows: 12936 77-9-485. All inspectors on duty shall wear uniforms as
12937 prescribed by the Mississippi Department of Transportation * * *,
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 523 (AJT\EW) 12938 shall have the right to bear arms, and shall have authority to 12939 make arrests, and to stop and hold any train and the contents 12940 thereof which is being operated in violation of the railroad laws
12941 or the * * * department's rules, regulations or general orders 12942 promulgated thereunder. No train shall be stopped except by order
12943 of the * * * department or by any member thereof.
12944 SECTION 292. Section 77-9-487, Mississippi Code of 1972, is 12945 amended as follows:
12946 77-9-487. The Mississippi Department of Transportation * * * 12947 is hereby authorized and empowered to purchase all necessary 12948 equipment to enforce the provisions of the railroad laws of the 12949 State of Mississippi and to pay for the same out of the
12950 "Mississippi Department of Transportation * * * Regulation Fund," 12951 formerly known as the "Mississippi Transportation Commission 12952 Regulation Fund."
12953 SECTION 293. Section 77-9-493, Mississippi Code of 1972, is 12954 amended as follows: 12955 77-9-493. All reasonable and necessary operating expenses of
12956 the administration of the duties imposed by law upon the
12957 Mississippi Department of Transportation * * *, including the 12958 salaries of personnel, in its regulation and supervision of 12959 railroad companies operating within the State of Mississippi, 12960 shall be provided through the levying of the following tax. The 12961 amount of said tax is the sum of Two Hundred One Thousand Dollars 12962 ($201,000.00) per year. Such tax shall be prorated by the State
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 524 (AJT\EW) 12963 Tax Commission among the railroad companies which are subject to 12964 the tax levied by this section each year, according to the 12965 railroad track miles of each of such railroad company operated 12966 during the calendar year preceding the assessment. Each railroad 12967 company which is subject to the tax levied by this section shall 12968 file a statement of such railroad track miles by April 1 of each
12969 year showing the railroad track miles operated in the preceding 12970 year's operation. "Railroad track miles" means the miles of road 12971 of the railroad system within this state. These statements of
12972 railroad track miles shall be filed with the * * * department and 12973 a copy thereof filed with the * * * Department of Revenue. 12974 The * * * Department of Revenue shall thereupon calculate the pro 12975 rata amount of tax to be paid by each of said railroad companies
12976 in order to provide the total amount above stated and shall 12977 thereupon submit a statement thereof to the respective railroad 12978 companies and the amounts shown due in such statements to the 12979 respective railroad companies shall be paid by the respective
12980 railroad companies within thirty (30) days thereafter to the * * *
12981 Department of Revenue. The * * * Department of Revenue shall pay 12982 such funds into the State Treasury on the same day collected to
12983 the credit of the Mississippi Department of Transportation * * *. 12984 All administrative provisions of the Mississippi Sales Tax 12985 Law, including those which fix damages, penalties and interest for 12986 nonpayment of taxes and for noncompliance with the provisions of 12987 such chapter, and all other duties and requirements imposed upon
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 525 (AJT\EW) 12988 taxpayers, shall apply to all persons liable for taxes under the
12989 provisions of this chapter, and the * * * Commissioner of Revenue 12990 shall exercise all the power and authority and perform all the 12991 duties with respect to taxpayers under this chapter as are 12992 provided in the Mississippi Sales Tax Law except where there is a 12993 conflict, then the provisions of this chapter shall control.
12994 The Mississippi Department of Transportation * * * and 12995 the * * * Department of Revenue are hereby authorized to use all 12996 tax returns of any such railroad companies available to them and 12997 to make such audits as may be deemed necessary of any and all 12998 records of such railroad companies in order to correctly determine 12999 the amount of railroad track miles. It shall be the duty of the
13000 Department of Finance and Administration to advise the * * * 13001 department of the amount of money on hand from time to time. All
13002 expenses of the Mississippi Department of Transportation * * * in 13003 its regulation and supervision of railroad companies, including 13004 salaries of personnel, shall be paid by the State Treasurer upon 13005 warrants issued by the Department of Finance and Administration.
13006 Said warrants shall be issued upon requisition signed by the 13007 executive secretary or the chairman and said requisition shall
13008 show upon its face the purpose for which the payment is being 13009 made, by reference to the purchase order and/or invoice number and 13010 objective code. It shall be unlawful for any person to withdraw 13011 any money from said fund other than by requisition issued as 13012 herein provided. A record of all requisitions issued by the
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 526 (AJT\EW) 13013 Mississippi Department of Transportation * * * showing to whom, 13014 for what purpose, and date issued, shall be placed upon the minute
13015 books of the * * * department and shall become a part of the 13016 official record of said * * * department. 13017 The books and accounts of the Mississippi Department of
13018 Transportation * * * shall be audited at the end of each fiscal 13019 year, and at any other time deemed necessary, by the State Auditor 13020 and a copy of such audits shall be furnished to the Governor and
13021 the Mississippi Department of Transportation * * *. The State 13022 Auditor may prescribe such further accounting procedure as he
13023 deems necessary for the withdrawal of funds by the said * * * 13024 department from said fund. All requisitions drawn in compliance 13025 with this section shall be honored by the Department of Finance
13026 and Administration and the funds disbursed in accordance
13027 therewith. The Mississippi Department of Transportation * * * 13028 shall file a report at each regular session of the Legislature 13029 showing the expenditure of all funds by the Mississippi Department
13030 of Transportation * * *. All proceeds of the above-mentioned tax 13031 are hereby allocated to the Mississippi Department of
13032 Transportation * * * for the purposes of this section. In the 13033 event the funds provided by said tax exceed the amount necessary 13034 for the purposes of this section at the end of each year, the
13035 Mississippi Department of Transportation * * * shall certify the 13036 amount which the said * * * department estimates will be necessary 13037 for the * * * department for the next year to the * * *
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 527 (AJT\EW) 13038 Department of Revenue, and the * * * Department of Revenue shall 13039 reduce the tax imposed to such amount for the next year and shall 13040 collect the proportionate amount thereof as above provided.
13041 SECTION 294. Section 77-9-525, Mississippi Code of 1972, is 13042 amended as follows: 13043 77-9-525. A public hearing, in the discretion of the Senate
13044 Highway and Transportation Committee and the House Transportation 13045 Committee chairmen, may be held by the chairmen and three (3) 13046 appointed members of the committees meeting concurrently to 13047 receive testimony within twenty (20) days after the receipt of 13048 notice to the chairmen of the statement of intent to abandon or 13049 discontinue service. The committees may adopt, by a majority vote 13050 of those members present and voting, a concurrent resolution
13051 memorializing the Surface Transportation Board either to permit or 13052 to refuse to permit the person, company or other legal entity 13053 owning or operating the railroad to abandon the rail line or 13054 discontinue rail service thereon, stating the reasons supporting 13055 the position. If a concurrent resolution is adopted by both of
13056 the committees, the Clerk of the House of Representatives and the 13057 Secretary of the Senate shall forthwith transmit certified copies
13058 of such resolution to the Surface Transportation Board, the
13059 Mississippi Department of Transportation * * * and to each of the 13060 members of Congress elected from the state.
13061 SECTION 295. Section 77-9-527, Mississippi Code of 1972, is 13062 amended as follows:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 528 (AJT\EW) 13063 77-9-527. (1) If a rail carrier files a notice of intent to 13064 abandon or discontinue as provided for in the Interstate Commerce
13065 Act, the Mississippi Department of Transportation * * * shall have 13066 the power to acquire the railroad that is proposed to be abandoned 13067 or discontinued. The Mississippi Department of
13068 Transportation * * * shall have the power to construct, own, hold, 13069 control, use, extend, relocate, operate, maintain, repair, equip 13070 and lease such railroad and any machinery, equipment or other 13071 facilities required and incidental to the ownership and operation 13072 of such railroad. 13073 (2) For the purposes provided for in subsection (1) of this
13074 section, the Mississippi Department of Transportation * * * shall 13075 have the power to acquire rights-of-way, land, easements, property
13076 and interests in property by gift, purchase, condemnation or 13077 otherwise. In exercising condemnation under this section,
13078 the * * * department shall condemn property in the manner provided 13079 by law.
13080 SECTION 296. Section 97-15-3, Mississippi Code of 1972, is 13081 amended as follows:
13082 97-15-3. Whoever being * * * the Commissioner of
13083 Transportation or any engineer, agent or other employee of 13084 the * * * Mississippi Department of Transportation, acting for or 13085 on behalf of the * * * department, shall accept, or agree to 13086 accept, receive or agree to receive, ask or solicit, either 13087 directly or indirectly, and any person who shall give or offer to
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 529 (AJT\EW) 13088 give, or promise or procure to be promised, offered or given,
13089 either directly or indirectly to * * * the Commissioner of 13090 Transportation, or to any engineer, agent, or other employee of 13091 the Mississippi Department of Transportation acting for and on
13092 behalf of the * * * commissioner or department, any monies, or any 13093 contract, promise, undertaking, obligation, gratuity or security
13094 for the payment of money, or for the delivery or conveyance of 13095 anything of value or of any political appointment or influence, 13096 present, or reward of any employment or any other thing of value, 13097 with the intent to have his decision or action on any question, 13098 matter, cause or proceeding which may at the time be pending, or 13099 which may by law be brought before him in his official capacity or 13100 in his place of trust or profit, influence thereby, shall be
13101 deemed guilty of a felony, and upon conviction, shall be 13102 imprisoned in the Penitentiary not less than one (1) nor more than 13103 five (5) years, and shall forever after be disqualified from 13104 holding any office of trust or profit under the Constitution or 13105 laws of this state.
13106 SECTION 297. Section 97-15-5, Mississippi Code of 1972, is 13107 amended as follows:
13108 97-15-5. * * * The Commissioner of Transportation or 13109 any * * * engineer, agent or other employee of the Mississippi 13110 Department of Transportation, in connection with the carrying on 13111 of the work outlined in Title 65, Mississippi Code of 1972, who 13112 shall knowingly perform any act with intent to injure the state,
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 530 (AJT\EW) 13113 or any contractor or his agent, or employee, or any other person,
13114 who shall conspire with the * * * commissioner or * * * any 13115 engineer, agent or other employee of the Mississippi Department of 13116 Transportation, or with any state official, to permit a violation 13117 of any contract with intent to injure or defraud the state, or any 13118 contractor or agent, or employee of any contractor who shall
13119 knowingly do any work on any state highway in violation of
13120 contract, and with intent to defraud the state, the * * * 13121 commissioner or any engineer, agent or other employee of the 13122 Mississippi Department of Transportation, state official or 13123 contractor, or employee or agent of such contractor, or any other 13124 person so conspiring or so doing, shall be guilty of a felony, 13125 and, upon conviction thereof shall be confined in the State
13126 Penitentiary not less than one (1) year, nor more than five (5) 13127 years, or be fined not less than One Thousand Dollars ($1,000.00) 13128 and not more than Five Thousand Dollars ($5,000.00) or both. In
13129 addition, any such person shall be liable to the * * * Mississippi 13130 Department of Transportation for double the amount the state may
13131 have lost by reason thereof, such liability to be covered by any 13132 bond that may have been executed by such official, contractor, or
13133 employee, the liability hereunder of the bondsmen, however, being 13134 limited to the total amount of said bond and not more.
13135 SECTION 298. Section 65-3-37, Mississippi Code of 1972, is 13136 amended as follows:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 531 (AJT\EW) 13137 65-3-37. (1) The Mississippi Department of
13138 Transportation * * * is hereby authorized and directed to allow 13139 for the erection of two (2) markers designating the Chickasa-Leaf 13140 Barn Quilt Trail, with one (1) at the intersection of Mississippi 13141 Highway 98 and Mississippi Highway 57 North, which is outside and 13142 east of the McLain corporate limits, and another at the
13143 intersection of Mississippi Highway 57 South and Highway 63 South, 13144 which is within the Leakesville corporate limits. 13145 (2) The Mississippi Department of Transportation shall not 13146 be responsible for erecting or maintaining the markers described 13147 in subsection (1) of this section.
13148 SECTION 299. Section 65-3-37.1, Mississippi Code of 1972, is 13149 amended as follows:
13150 65-3-37.1. (1) The Mississippi Department of
13151 Transportation * * * is hereby authorized and directed to allow 13152 for the erection of markers recognizing the Military Order of the 13153 Purple Heart at the entrances of state highways in the counties of 13154 Mississippi, subject to the limitation that only four (4) markers
13155 be authorized for erection per county. 13156 (2) The Mississippi Department of Transportation shall not
13157 be responsible for purchasing, erecting or maintaining the markers 13158 described in subsection (1) of this section, or any other material 13159 related to the erection of such markers. However, the Mississippi
13160 Department of Transportation * * * may promulgate rules and 13161 regulations in regard to marker placement at the designated
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 532 (AJT\EW) 13162 entrances. Marker size shall not exceed two (2) feet by two (2) 13163 feet. Local governing authorities may assist in the erection of 13164 the markers, but shall not be required to do so.
13165 SECTION 300. Section 65-3-143.17, Mississippi Code of 1972, 13166 is amended as follows: 13167 65-3-143.17. The following segment of highway is deleted
13168 from the state highway system, removed from the jurisdiction of
13169 the Mississippi Department of Transportation * * * and returned to 13170 the jurisdiction of the Mayor and Board of Aldermen of the City of 13171 Canton, Madison County, Mississippi:
13172 Central District - Madison County: 13173 Mississippi 16 beginning at its intersection with U.S. 51 and 13174 extending easterly to its intersection with U.S. 43 on the east
13175 side of the City of Canton.
13176 SECTION 301. Section 65-3-143.18, Mississippi Code of 1972, 13177 is amended as follows: 13178 65-3-143.18. (1) The following segment of highway is 13179 designated as a state highway and placed under the jurisdiction of
13180 the Mississippi Department of Transportation * * * for 13181 construction and maintenance; and such highway, together with the
13182 highways designated in Section 65-3-3, and all other laws adding 13183 links to the designated state highway system, are declared to be 13184 the state highway system of Mississippi:
13185 Central District - Madison County:
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 PAGE 533 (AJT\EW) 13186 That segment of newly constructed highway extending from 13187 U.S. 51 and extending easterly to its intersection with U.S. 43 13188 (MDOT Project NCPD-6993-00(001)/104137-301000), on the east side 13189 of the City of Canton, which shall be designated as a part of 13190 Mississippi 16.
13191 (2) The Mississippi Department of Transportation * * * shall 13192 take over and assume responsibility for construction and 13193 maintenance of the segment of highway described in subsection (1).
13194 SECTION 302. This act shall take effect and be in force from 13195 and after January 1, 2020.
H. B. No. 877 *HR43/R1127.2* ~ OFFICIAL ~ 17/HR43/R1127.2 ST: Mississippi Transportation Commission; PAGE 534 (AJT\EW) abolish and create appointed position of Commissioner of Transportation.