MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Interstate Cooperation; Transportation

By: Representatives Woods, Compretta

AN ACT TO AUTHORIZE THE MISSISSIPPI TRANSPORTATION COMMISSION TO ENTER INTO AGREEMENTS WITH CONTIGUOUS STATES TO JOINTLY LOCATE, CONSTRUCT, STAFF AND OPERATE PERMANENT AND PORTABLE WEIGHT SCALES OR PORTS OF ENTRY, AND TO JOINTLY ENFORCE CERTAIN LAWS OF THIS STATE AND CERTAIN LAWS OF THE CONTIGUOUS STATES THAT ARE A PARTY TO SUCH AGREEMENT; TO PROVIDE THAT THE MISSISSIPPI TRANSPORTATION COMMISSION MAY APPOINT EMPLOYEES OF CONTIGUOUS STATES AS ENFORCEMENT OFFICERS OF THE MISSISSIPPI TRANSPORTATION COMMISSION FOR CERTAIN PURPOSES AND TO AUTHORIZE THE MISSISSIPPI TRANSPORTATION COMMISSION TO ALLOW ITS EMPLOYEES TO ACCEPT SIMILAR POSITIONS WITH CONTIGUOUS STATES; TO PROVIDE THAT SUCH EMPLOYMENT SHALL NOT ENHANCE OR OTHERWISE AFFECT THE EMPLOYMENT STATUS OF SUCH EMPLOYEES; AND FOR RELATED PURPOSES. 

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

SECTION 1. It is the intent of the Legislature to promote and provide services economically and to streamline the process for the weighing of vehicles, the issuance of permits, the collections of taxes, fees, and assessments and for the enforcement of the laws of this state, and rules and regulations promulgated by the Mississippi Transportation Commission and the laws of the contiguous states and their appropriate agencies and departments, by authorizing the Mississippi Transportation Commission to enter into bilateral agreements with contiguous states through their appropriate officials, departments or agencies, to jointly locate, construct, staff and operate permanent and portable weight scales or ports of entry and for the enforcement of the laws of this state and the rules and regulations of the Mississippi Transportation Commission, and the laws of such contiguous states and its agencies and departments.

SECTION 2. The Mississippi Transportation Commission may negotiate and enter into interstate agreements with contiguous states through their appropriate officials, departments or agencies, to jointly provide for the location, construction, staffing and operation of portable or permanent scales for the weighing of vehicles and trailers, for the issuance of permits, for the collection of fees, taxes, and assessments, and for the enforcement of the laws of this state and the rules and regulations of the Mississippi Transportation Commission, and the laws of such contiguous states and the rules and regulations of its appropriate agencies or departments.

SECTION 3. The interstate agreement may authorize employees of either state to weigh machinery, vehicles, trailers and other equipment under the jurisdiction of the Mississippi Transportation Commission, issue permits, collect fees, taxes, interests and penalties imposed by the laws, rules or regulations of either state or its agencies and departments, enforce the laws of either state and the rules and regulations of the Mississippi Transportation Commission and the appropriate agency or department of such contiguous state.

SECTION 4. The Mississippi Transportation Commission may appoint employees of the contiguous states as duly authorized and empowered enforcement officers of the Mississippi Transportation Commission for the enforcement of tax, weight, size and load, equipment, safety and all other laws, rules and regulations of this state and the Mississippi Transportation Commission relating to vehicles entering into, exiting, or traveling upon the highways of this state, and may allow employees of the Mississippi Transportation Commission to accept similar positions or appointments with any contiguous state or the appropriate agency or department of such state and to enforce the rules, regulations and laws of such state or its agencies or departments.

SECTION 5. Any employee of a contiguous state which enters into an interstate agreement under the authority of this act shall not become an employee of this state or of the Mississippi Transportation Commission, and shall not be compensated by this state or be entitled to any employment benefits either directly or indirectly from this state or the Mississippi Transportation Commission. The State of Mississippi or the Mississippi Transportation Commission or its officers, agents or employees shall not be subject to civil or criminal liability for the actions or inactions of such person.

SECTION 6. Employees of this state who accept appointments from a contiguous state shall not, by virtue of their appointment, be considered an employee of that state, be compensated by that state or be considered an employee of that state for the purposes of employment rights.

SECTION 7. The Mississippi Transportation Commission may enact all rules and regulations necessary to implement the provisions of this act and the authority granted in this act shall be in addition to the powers granted to the Mississippi Transportation Commission by Section 65-1-8.

SECTION 8. This act shall take effect and be in force from and after its passage.