MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Transportation

By: Representative Holland

AN ACT TO REGULATE TOURIST-ORIENTED DIRECTIONAL SIGNS ON CERTAIN RURAL ROAD; TO IMPOSE CERTAIN DUTIES UPON THE TRANSPORTATION COMMISSION; AND FOR RELATED PURPOSES. 

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

SECTION 1. As used in this act:

(a) "Commission" means the Mississippi Transportation Commission.

(b) "Department" means the Mississippi Department of Transportation.

(c) "Eligible attraction" means a tourist-oriented activity that is all of the following:

(i) Within ten (10) miles of a rural road;

(ii) Not visible from the rural road; and

(iii) No other outdoor advertising signs.

(d) "Rural Road" means a road that is:

(i) Not within the corporate limits; and

(ii) Not a controlled access facility, expressway or freeway.

(e) "Tourist-oriented activity" means a lawful cultural, historical, recreational, educational or commercial (excluding fuel and food) activity for which a major portion of the activity's income or visitors is derived during the normal business season from motorists not residing within a twenty-five (25) mile radius of the activity.

(f) "Tourist-oriented activity sign" means a sign used to provide motorists with advanced notice of a tourist-oriented activity.

SECTION 2. The Mississippi Transportation Commission may enter into a written contract with a nongovernmental entity to manufacture, install and maintain signs under this act. The nongovernmental entity shall be selected by the commission through the competitive selection process. The written contract shall not prohibit the nongovernmental entity from making a reasonable profit, which shall be determined by the commission.

SECTION 3. The commission may impose a reasonable fee for each tourist-oriented directional sign in order to reimburse the department for anticipated costs in implementing and administering this activity. Funds derived from this fee shall be deposited into the State Highway Fund.

SECTION 4. The nongovernmental entity may impose a reasonable fee upon each tourist-oriented directional sign for the purpose of reimbursing the nongovernmental entity for anticipated cost, including a reasonable profit, associated with manufacturing, installing, maintaining and administering this activity. All fees imposed by the nongovernmental entity must be approved by the commission.

SECTION 5. The size, location, design and arrangement of each tourist-oriented directional sign subject to this act shall conform to the polices and procedures of the department and the Manual on Uniform Traffic Control Devices.

SECTION 6. Qualified activities shall be required to remove any advertising device that was unlawfully erected or that is not in compliance with state or federal outdoor advertising laws, regulation, policies or procedures.

SECTION 7. The commission shall adopt and promulgate rules and regulations deemed necessary by the department to carry out the requirements of this act.

SECTION 8. No state funds shall be used for the manufacturing, installation, maintenance or administration of this activity.

SECTION 9. This act shall take effect and be in force from and after its passage.