MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Transportation; Ways and Means

By: Representative Walker

AN ACT TO CREATE A SPECIAL FUND IN THE STATE TREASURY TO BE KNOWN AS THE "HIGHWAY HOSPITALITY STATIONS AND REST AREAS CONSTRUCTION, MAINTENANCE AND OPERATION FUND"; TO PROVIDE THAT MONIES IN THE FUND MAY BE EXPENDED BY THE MISSISSIPPI TRANSPORTATION COMMISSION, THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION AND THE DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT FOR THE PURPOSE OF DEFRAYING EXPENSES RELATED TO THE CONSTRUCTION, MAINTENANCE AND OPERATION OF HOSPITALITY STATIONS AND REST AREAS ALONG CERTAIN HIGHWAYS IN THE STATE; TO ESTABLISH CERTAIN CRITERIA THAT THE TRANSPORTATION COMMISSION MUST FOLLOW IN SELECTING SITES FOR NEW HOSPITALITY STATIONS AND REST AREAS; TO REQUIRE THE CONSTRUCTION OF SUCH FACILITIES TO CONFORM TO CERTAIN STANDARDS AND COMPLY WITH CERTAIN LAWS AND REGULATIONS; TO PROVIDE THAT THE TRANSPORTATION DEPARTMENT SHALL BE RESPONSIBLE FOR THE UPKEEP, MAINTENANCE AND SECURITY OF SUCH FACILITIES; TO PROVIDE THAT THE DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT SHALL EMPLOY SUITABLE PERSONNEL FOR THE OPERATION OF HOSPITALITY STATIONS; TO AMEND SECTION 75-76-129, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PORTION OF THE STATE'S SHARE OF TAXES, FEES AND PENALTIES COLLECTED BY THE STATE TAX COMMISSION UNDER THE MISSISSIPPI GAMING CONTROL ACT SHALL BE DEPOSITED IN THE HIGHWAY HOSPITALITY STATIONS AND REST AREAS CONSTRUCTION, MAINTENANCE AND OPERATION FUND; TO AMEND SECTIONS 65-31-1, 65-31-3, 65-31-5 AND 65-1-51, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES. 

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

SECTION 1. The following shall be codified as Section 65-32-1, Mississippi Code of 1972:

65-32-1. (1) There is created in the State Treasury a special fund to be designated as the "Highway Hospitality Stations and Rest Areas Construction, Maintenance and Operation Fund." The fund shall consist of such monies as are required to be deposited in the fund under the provisions of Section 75-76-129, and such other monies from any other source as the Legislature may direct. Monies in the fund may be expended, upon legislative appropriation, to defray the expenses of:

(a) The Mississippi Transportation Commission and the Mississippi Department of Transportation for planning, designing, engineering, constructing, reconstructing, renovating and maintaining highway hospitality stations, as authorized under Chapter 31 of Title 65, Mississippi Code of 1972, and highway rest areas, as authorized under Section 65-1-51; and

(b) The Mississippi Department of Economic and Community Development for the operation of hospitality stations, as authorized under Chapter 31 of Title 65, Mississippi Code of 1972, pursuant to contracts entered into with the Mississippi Transportation Commission under Section 65-31-3.

(2) Unexpended amounts remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the special fund shall be deposited to the credit of the special fund.

SECTION 2. The following shall be codified as Section 65-32-3, Mississippi Code of 1972:

65-32-3. (1) Monies in the special fund created under Section 65-32-1 may be expended by the Mississippi Transportation Commission and the Mississippi Department of Transportation for the planning, designing, engineering and constructing of new hospitality stations and rest areas on and along four-lane highways and interstate highways in the state at sites selected by the commission based upon the following criteria:

(a) A proposed site must be located along or adjacent to a route with a high traffic volume that serves as a corridor for motorists and tourists;

(b) A proposed site must be close and easily accessible to the highway it serves and capable of accommodating a sufficient volume of vehicular parking;

(c) Sites must be spaced at sufficient mileage intervals to provide rest and promote safety and alertness in motor vehicle operators;

(d) Electricity, water and other necessary public utilities must be readily available at a proposed site; and

(e) Such other criteria as the Transportation Commission deems appropriate for site selection.

(2) In addition to meeting the site selection criteria under subsection (1) of this section, the Transportation Commission shall comply with the procedures prescribed in Section 65-31-1 before constructing any new hospitality station after June 30, 1998.

SECTION 3. The following shall be codified as Section 65-32-5, Mississippi Code of 1972:

65-32-5. All hospitality stations and rest areas newly constructed or renovated after June 30, 1998, must:

(a) Conform to Mississippi Department of Transportation design standards and recommendations based on traffic volume, suitable terrain, right-of-way needs, and environmental impact; and

(b) Comply with the American Association of State Highway Officials Rest Area Design Guide, the Americans with Disabilities Act and all other applicable state and federal laws, rules and regulations.

SECTION 4. The following shall be codified as Section 65-32-7, Mississippi Code of 1972:

65-32-7. From and after July 1, 1998, it shall be the responsibility of the Mississippi Department of Transportation to maintain the grounds and facilities of all hospitality stations and rest areas open and operating in this state, whether constructed or renovated before, on or after July 1, 1998. The department shall keep such facilities clean, neat and functional, provide for the removal of litter, trash and debris, mow the grass on a regular basis, care for all trees, shrubs and landscape features, perform such repairs and renovations as may be necessary, furnish electricity, water and other necessary public utilities and employ or contract for the employment of armed security personnel, as authorized under Section 65-1-131 or Section 65-1-136, to provide continuous security and protection to the property, patrons and employees of such facilities. The Department of Economic and Community Development shall be responsible, pursuant to contract entered into with the Mississippi Transportation Commission under Section 65-31-3, for employing and compensating suitable personnel for the operation of all hospitality stations.

SECTION 5. Section 75-76-129, Mississippi Code of 1972, is amended as follows:

75-76-129. On or before the last day of each month all taxes, fees, interest, penalties, damages, fines or other monies collected by the State Tax Commission during that month under the provisions of this chapter, with the exception of (a) the local government fees imposed under Section 75-76-195, * * * (b) an amount equal to Three Million Dollars ($3,000,000.00) of the revenue collected pursuant to the fee imposed under Section 75-76-177(1)(c), or an amount equal to twenty-five percent (25%) of the revenue collected pursuant to the fee imposed under Section 75-65-177(1)(c), whichever is the greater amount, and (c) One Million Four Hundred Fifty-eight Thousand Three Hundred Thirty-four Dollars ($1,458,334.00), shall be paid by the State Tax Commission to the State Treasurer to be deposited in the State General Fund. The local government fees shall be distributed by the State Tax Commission pursuant to Section 75-76-197. An amount equal to Three Million Dollars ($3,000,000.00) of the revenue collected during that month pursuant to the fee imposed under Section 75-76-177(1)(c) shall be deposited by the State Tax Commission into the bond sinking fund created in Section 65-39-3. The revenue collected during that month pursuant to the fee imposed under Section 75-76-177(1)(c) that is in excess of Three Million Dollars ($3,000,000.00), but is less than twenty-five percent (25%) of the amount of revenue collected under Section 75-76-177(1)(c) during that month, shall be deposited into the State Highway Fund to be used exclusively for the reconstruction and maintenance of highways of the State of Mississippi. The One Million Four Hundred Fifty-eight Thousand Three Hundred Thirty-four Dollars ($1,458,334.00) shall be deposited by the State Tax Commission into the Highway Hospitality Stations and Rest Areas Construction, Maintenance and Operation Fund created under Section 65-32-1.

75-76-129. On or before the last day of each month, all taxes, fees, interest, penalties, damages, fines or other monies collected by the State Tax Commission during that month under the provisions of this chapter, with the exception of (a) the local government fees imposed under Section 75-76-195, * * * (b) an amount equal to Three Million Dollars ($3,000,000.00) of the revenue collected pursuant to the fee imposed under Section 75-76-177(1)(c), or an amount equal to twenty-five percent (25%) of the revenue collected pursuant to the fee imposed under Section 75-65-177(1)(c), whichever is the greater amount, and (c) One Million Eighty-three Thousand Three Hundred Thirty-four Dollars ($1,083,334.00), shall be paid by the State Tax Commission to the State Treasurer to be deposited in the State General Fund, shall be paid by the State Tax Commission to the State Treasurer to be deposited in the State General Fund. The local government fees shall be distributed by the State Tax Commission pursuant to Section 75-76-197. An amount equal to Three Million Dollars ($3,000,000.00) of the revenue collected during that month pursuant to the fee imposed under Section 75-76-177(1)(c) shall be deposited by the State Tax Commission into the bond sinking fund created in Section 65-39-3. The revenue collected during that month pursuant to the fee imposed under Section 75-76-177(1)(c) that is in excess of Three Million Dollars ($3,000,000.00), but is less than twenty-five percent (25%) of the amount of revenue collected under Section 75-76-177(1)(c) during that month, shall be deposited into the State Highway Fund to be used exclusively for the reconstruction and maintenance of highways of the State of Mississippi. The One Million Eighty-three Thousand Three Hundred Thirty-four Dollars ($1,083,334.00), shall be deposited by the State Tax Commission into the Highway Hospitality Stations and Rest Areas Construction, Maintenance and Operation Fund created under Section 65-32-1.

75-76-129. On or before the last day of each month, all taxes, fees, interest, penalties, damages, fines or other monies collected by the State Tax Commission during that month under the provisions of this chapter, with the exception of (a) the local government fees imposed under Section 75-76-195, and (b) One Million Eighty-three Thousand Three Hundred Thirty-four Dollars ($1,083,334.00), shall be paid by the State Tax Commission to the State Treasurer to be deposited in the State General Fund. The local government fees shall be distributed by the State Tax Commission pursuant to Section 75-76-197. The One Million Eighty-three Thousand Three Hundred Thirty-four Dollars ($1,083,334.00), shall be deposited by the State Tax Commission into the Highway Hospitality Stations and Rest Areas Construction, Maintenance and Operation Fund created under Section 65-32-1.

SECTION 6. Section 65-31-1, Mississippi Code of 1972, is amended as follows:

65-31-1. The Mississippi Transportation Commission is hereby authorized to locate, design, construct, operate, and maintain hospitality stations on four-lane highways and interstate highways at or near points of entry into this state from other states. In carrying out the provisions of this chapter, the commission shall have authority to employ such engineers, architects, skilled and unskilled labor as may be determined necessary by the commission, for the preparation of plans for such hospitality stations and their proper location, design, construction, maintenance, and operation. The commission shall employ full-time security officers, as authorized under Section 65-1-131, and/or shall contract for the employment of private security officers, as authorized under Section 65-1-136, to patrol and protect the property of hospitality stations and visitors, patrons and other employees of hospitality stations. Prior to the location of such hospitality stations the commission shall afford the opportunity for a public hearing in the county wherein such hospitality station is to be located for the purpose of receiving testimony regarding the most feasible and advantageous location for such hospitality station, at which hearing all interested persons may appear and present testimony in regard thereto. A notice of such proposed location shall be given in some newspaper published or having general circulation in the county wherein such hospitality station is proposed to be located. Should a public hearing be requested thereon, notice by publication shall be given at least ten (10) days prior to the date upon which the public hearing is to be held and written notice thereof shall likewise be given, within such time, to the governing authorities of all municipalities within such county and the governing authority of such county.

Each hospitality station constructed under the provisions of this chapter shall be maintained and kept in a neat and attractive condition.

SECTION 7. Section 65-31-3, Mississippi Code of 1972, is amended as follows:

65-31-3. The Mississippi Transportation Commission may contract with the Department of Economic and Community Development, on terms and conditions agreeable between the two (2) state agencies, for the operation of one or more of such hospitality stations constructed under the provisions of this chapter. The commission and the department are further authorized to enter into agreement with an adjoining state for the operation of a hospitality station on an interstate highway where the states' boundary is the Mississippi River and there is no feasible location for a hospitality station between the bank of the Mississippi River and a national military park in the State of Mississippi, or where the states' boundary is the Pearl River and there is no feasible location for a hospitality station between the bank of the Pearl River and the buffer zone to a test facility operated by the National Aeronautics and Space Administration in the State of Mississippi. The commission and the department may pay whatever expenses may be agreed upon between the two (2) states as to the fair share of the operating and maintenance cost of the hospitality station operated primarily for the benefit of the state. Such contracts and agreements shall provide for the furnishing of suitable personnel for the operation of such stations and shall provide that such stations shall be kept supplied with such information, pamphlets and other materials as will advertise and publicize the history, commerce, industry, natural resources and tourist attractions of this state. Such information, pamphlets and other materials shall be available to the traveling public and shall be distributed by the personnel employed to operate such stations. The agency operating such hospitality stations shall provide for the free distribution to the traveling public of such literature, pamphlets, refreshments and other items that may be of interest to tourists in such manner as deemed to be in the best interest of promoting the tourist trade in this state. Such agency may sell, or contract for the sale of, merchandise on the premises of any hospitality station, provided such sale or contract for sale is subject to any applicable federal laws and Section 43-3-93. Revenue derived from such sales shall be paid into the special revolving fund established pursuant to Section 57-1-66 and shall be expended to promote and market Mississippi and to maintain and improve hospitality stations.

SECTION 8. Section 65-31-5, Mississippi Code of 1972, is amended as follows:

65-31-5. Both the Transportation Commission and the Department of Economic and Community Development, in exercising the powers granted in this chapter, may accept private donations and public grants which may be available to them, respectively, for the furtherance of the purposes of this chapter. In addition thereto, either or both of such agencies may expend, for the purposes of this chapter, such monies as are appropriated to them under Section 65-32-1, and any other funds available to them not otherwise specifically designated for a different public purposes. Each of such agencies shall cooperate with other state agencies in carrying out the provisions of this chapter.

SECTION 9. Section 65-1-51, Mississippi Code of 1972, is amended as follows:

65-1-51. The Mississippi Transportation Commission may acquire by gift, purchase, or otherwise, and * * * have the Mississippi Department of Transportation improve and maintain strips of land necessary for the restoration, preservation and enhancement of scenic beauty adjacent to the state highway rights-of-way. The commission may acquire and have the Transportation Department develop publicly owned and controlled rest and recreation areas and sanitary and other facilities within or adjacent to the highway right-of-way reasonably necessary to accommodate the traveling public. Such rest areas may be located on and along four-lane highways and interstate highways, at sites that the Transportation Commission determines appropriate; however, any such rest areas that are newly constructed after June 30, 1998, must meet the site selection criteria under Section 65-32-3.

The Transportation Commission, in its discretion, may acquire by gift, purchase, or otherwise, including the exercise of eminent domain, public or privately owned wetlands and other lands suitable for creation as wetlands for the purpose of mitigating wetland losses and replacing those wetlands purchased and damaged or eliminated by development and use, on a basis not to exceed that required by the Federal Highway Administration as a condition for receiving federal aid funds, provided that some governmental agency agrees, without compensation, to accept title to the lands acquired and maintain such lands as wetlands in perpetuity. However, the commission shall replace those coastal wetlands purchased and damaged or eliminated by development and use on the basis required by the "Coastal Wetlands Protection Law" and regulations promulgated thereunder by the Department of Marine Resources.

SECTION 10. This act shall take effect and be in force from and after July 1, 1998.