2004 Regular Session
To: Municipalities; County Affairs
By: Senator(s) Gollott
AN ACT TO AMEND SECTION 21-27-121, MISSISSIPPI CODE OF 1972, TO AUTHORIZE MUNICIPALITIES TO ENTER INTO INTERLOCAL AGREEMENTS TO FORM REGIONAL AUTHORITIES TO REGULATE MOTOR VEHICLES FOR HIRE; TO AMEND SECTION 17-13-9, MISSISSIPPI CODE OF 1972, TO AUTHORIZE COUNTIES AND REGIONAL AIRPORTS TO ENTER INTO SUCH AGREEMENTS WITH MUNICIPALITIES; TO PROVIDE THAT AGREEMENTS INCLUDE CERTAIN REQUIREMENTS; TO AUTHORIZE MOTOR VEHICLE FOR HIRE REGIONAL REGULATORY AUTHORITY TO EXERCISE POWERS OF MEMBER COUNTIES AND MUNICIPALITIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 17-13-9, Mississippi Code of 1972, is amended as follows:
17-13-9. (1) Any agreement made hereunder shall specify the following:
(a) Its duration.
(b) Its purpose or purposes.
(c) The precise organization, composition, nature and powers of any separate legal or administrative entity created thereby; the specific citation of statutory authority vested in each of the local governmental units which is to be a party to the agreement.
(d) The manner of financing, staffing and supplying the joint or cooperative undertaking and of establishing and maintaining a budget therefor; provided that the treasurer and/or disbursing officer of one (1) of the local governmental units shall be designated in the agreement to receive, disburse and account for all funds of the joint undertaking as a part of the duties of the officer or officers.
(e) The permissible method or methods to be employed in accomplishing the partial or complete termination or amendment of the agreement and for disposing of property upon such partial or complete termination or amendment.
(f) The provision for administration, through a joint board or other appropriate means, of the joint or cooperative undertaking in the event that the agreement does not or may not establish a separate legal entity to conduct the joint or cooperative undertaking. In the case of a joint board, all local governmental units party to the agreement shall be represented.
(g) The manner of acquiring, holding and disposing of real and personal property used in the joint or cooperative undertaking in the event that the agreement does not or may not establish a separate legal entity to conduct the joint or cooperative undertaking.
(h) Any other necessary and proper matters.
(2) Any municipality may enter into an agreement with a county under this chapter to provide that sales of property for the nonpayment of taxes levied by such municipality shall be made by the county tax collector at the county courthouse in the same manner as provided by law for sales of like property for unpaid county taxes, and that redemptions of property sold for taxes levied by such municipality shall be made through the chancery clerk of the county.
(3) Municipalities having as a common border a road or street may enter into an agreement pursuant to this chapter for the provision of police protection and law enforcement within the right-of-way of the street or roadway. An interlocal agreement undertaken pursuant to this subsection shall make the following provisions concerning violations occurring within the area subject to the agreement:
(a) Joint or several enforcement of all penal laws of the State of Mississippi which are misdemeanors made a violation of city ordinance by operation of the provisions of Section 21-13-19;
(b) Prosecution in the municipal court of the municipality employing the officer who made the arrest or issued the citation; jurisdiction shall lie in either municipality, and no charge filed in either municipal court shall be dismissed because of improper venue or lack of jurisdiction asserted solely on the grounds that the violation did not actually occur in the jurisdiction in which it is being prosecuted if the violation occurred in either jurisdiction; and
(c) Any actions reasonably necessary to provide police protection and law enforcement pursuant to the agreement.
(4) Any municipality, county, public airport authority or other local governmental unit may form a regional motor vehicle for hire regulatory authority. The authority may exercise any regulatory authority and other powers over motor vehicles for hire of which the participating members may exercise. The powers and responsibilities delegated to the regional authority shall be specified in the agreement. The members of the regional authority may create a joint board for the authority or provide that the regional authority may be administered by an existing board within the jurisdiction of participating members.
SECTION 2. Section 21-27-121, Mississippi Code of 1972, is amended as follows:
21-27-121. (1) The governing authorities of municipalities shall have the power to fix the rates and charges of persons operating vehicles for the transportation of persons for compensation within the limits of the municipality. The authority granted by this section shall not apply, however, to railroads operated within or through such municipality.
(2) The governing authorities of municipalities may enter into interlocal agreements to form regional authorities to regulate motor vehicles for hire as provided in Section 17-13-9.
SECTION 3. This act shall take effect and be in force from and after its passage.