MISSISSIPPI LEGISLATURE

1997 Regular Session

To: County Affairs; Municipalities

By: Representatives Morris, McBride, Smith (27th)

AN ACT TO AUTHORIZE COUNTIES AND MUNICIPALITIES TO LEND OR LEASE EQUIPMENT TO OTHER COUNTIES OR MUNICIPALITIES FOR USE IN THE PERFORMANCE OF PUBLIC PROJECTS; TO PROVIDE THAT SUCH LENDING OR LEASE AGREEMENTS ALSO MAY INCLUDE AN EQUIPMENT OPERATOR'S FEE EQUAL TO THE AVERAGE HOURLY SALARY THAT IS PAID TO ALL OPERATORS OF SUCH COUNTY-OWNED OR MUNICIPALLY OWNED EQUIPMENT BY THE COUNTY OR MUNICIPALITY THAT LENDS OR LEASES THE EQUIPMENT; TO PROVIDE THAT PROCEEDS FROM THE LENDING OR LEASING OF SUCH EQUIPMENT SHALL BE DEPOSITED INTO THE ROAD AND BRIDGE FUND OF THE COUNTY OR THE MUNICIPAL GENERAL FUND, AS THE CASE MAY BE; AND FOR RELATED PURPOSES. 

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

SECTION 1. The governing authorities of any county and the governing authorities of any municipality, are each authorized, in their discretion, upon order duly adopted and entered upon their official minutes, to lend to or to enter into leases with other counties or municipalities for the use of county-owned or municipally owned equipment and operators of such equipment. Such equipment and operators may be lent or leased for such amount and in accordance with such terms and conditions as the governing authorities may prescribe; however, such equipment and operators may be used only in the performance of public projects of a county or municipality. The lending or lease agreements also may include an equipment operator's fee equal to the average hourly salary that is paid to all operators of such county-owned or municipally owned equipment by the county or municipality that lends or leases the equipment. Proceeds from the lending or leasing of such equipment shall be deposited into the road and bridge fund of the county or the municipal general fund, as the case may be.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.