House Amendments to Senate Bill No. 2825
TO THE SECRETARY OF THE SENATE:
THIS IS TO INFORM YOU THAT THE HOUSE HAS ADOPTED THE AMENDMENTS SET OUT BELOW:
AMENDMENT NO. 1
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. This act shall be known and may be cited as the "Mississippi Transportation Infrastructure Investment Act of 2021."
SECTION 2. (1) From and after July 1, 2021, the department, through the division, shall have jurisdiction over all matters of enforcement of the provisions of this chapter on the roads, streets and highways of this state and shall prescribe such rules and regulations as are necessary therefor. The jurisdiction and authority of the department under this section shall be in addition to any other jurisdiction and authority provided to the department under any other law. The powers and duties related to the administration of this chapter which do not concern enforcement on the roads, streets and highways of this state shall remain with the commission.
(2) On July 1, 2021, the Mississippi Department of Transportation and/or the commission shall transfer to the department the employees, equipment, inventory, size and weights, computer systems, IFTA, grants, stationary and portable weigh stations, support staff, state and federal funding, and resources used to enforce the provisions of this chapter on the roads, streets and highways of this state. The department shall consult and work with the Bureau of Building, Grounds and Real Property of the Department of Finance and Administration for the effective transfer to the department of any office space that was assigned for the use of the enforcement of the provisions of this chapter on the roads, streets and highways of this state.
(3) Any reference in any statute, rule or regulation to law enforcement duties being performed by the commission or the Mississippi Department of Transportation requiring the use of vehicles to enforce shall be construed to mean law enforcement duties being performed by the division.
(4) The Mississippi State Personnel Board PIN numbers the Mississippi Department of Transportation has assigned to persons in law enforcement and support of enforcement of this chapter at the time of the transfer shall be transferred over to the department. The transfer of personnel shall be commensurate with the number and classification of positions allocated to that law enforcement. All salaries and benefits shall remain the same until further agreement. Rank and structure shall be revised through the division as is practical for proper supervision. All transferred personnel shall posses the same state service protections with the Mississippi State Personnel Board that they possessed before the transfer.
SECTION 3. There is hereby created a special fund in the State Treasury, to be known as the "DPS Motor Carrier Enforcement Fund." The fund shall consist of monies appropriated by act of the Legislature and monies transferred from the Mississippi Department of Transportation. Money in the fund shall only be utilized by the Department of Public Safety's Commercial Transportation Enforcement Division to defray expenses for officers' salaries and other costs to implement and enforce the provisions of this act. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited to the credit of the fund.
SECTION 4. Section 77-7-7, Mississippi Code of 1972, is amended as follows:
77-7-7. Whenever used in this chapter unless expressly stated otherwise:
(a) The term "person" means individual, firm, copartnership, corporation, company, association or joint-stock association, and includes any trustee, receiver, assignee or personal representative thereof.
(b) The term "commission" means the Mississippi Transportation Commission.
(c) The term "highway" means every public highway or place of whatever nature open to the use of the public for purposes of vehicle travel in this state, including the streets and alleys in towns and cities.
(d) The term "motor vehicle" and "vehicle" means any vehicle, machine, tractor, trailer or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property; such term, however, does not include any vehicle, locomotive or car operated exclusively on a rail or rails.
(e) The term "common carrier by motor vehicle" means any person who or which undertakes, whether directly or by a lease or any other arrangement, to transport passengers or household goods.
(f) The term
"contract carrier by motor vehicle" means any person, not included
under * * *
paragraph (e) of this section, who or which, under special and
individual contracts or agreements, and whether directly or by a lease or any
other arrangement, transports passengers or household goods.
(g) The term "restricted motor carrier" means all carriers of property, except household goods, by motor vehicle for compensation.
(h) The "services" and "transportation" to which this chapter applies include all vehicles operated by, for or in the interest of any motor carrier irrespective of ownership or contract, express or implied, together with all facilities and property operated or controlled by any such carrier or carriers and used in the transportation of passengers or property or in the performance of any service in connection therewith.
(i) The term "certificate" means a certificate of public convenience and necessity issued by the commission to common carriers by motor vehicle and restricted common carriers by motor vehicle under this chapter.
(j) The term "permit" means a permit issued by the commission to contract carriers by motor vehicle under this chapter.
(k) The term "interstate permit" means a permit issued under the terms of this chapter to the holder of a certificate of public convenience and necessity, a permit, or other operating authority from the U.S. Department of Transportation.
(l) The term "owner" or "operator" and "owner and operator" means any individual, firm, copartnership, corporation, company, association or joint-stock association, and includes any trustee, receiver, assignee or personal representative thereof, to whom or to which a certificate of convenience and necessity or permit or interstate permit has been issued by the commission.
(m) The term "vanpooling" means a nonprofit arrangement entered into to provide for the transportation of persons to and from their places of employment utilizing a motor vehicle manufactured primarily for the transporting of not less than eight (8) nor more than fifteen (15) people, and where the costs of operating said vehicle, including reasonable vehicle depreciation costs, are paid for by those people utilizing such arrangement.
(n) The term "gross vehicle weight rating (GVWR)" means the value specified by the manufacturer as the loaded weight of a single motor vehicle.
(o) The term "gross combination weight rating (GCWR)" means the value specified by the manufacturer as the loaded weight of a combination (articulated) motor vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon.
(p) "Department" means the Department of Public Safety.
(q) "Division" means the Commercial Transportation Enforcement Division within the department.
SECTION 5. Section 77-7-11, Mississippi Code of 1972, is amended as follows:
77-7-11. No motor carrier shall operate any motor vehicle for the transportation of passengers or property for compensation on any highway in this state, except in accordance with the provisions of this chapter, and every such motor carrier is hereby declared to be subject to control, supervision and regulation by the commission for permitting purposes and by the department, through the division, for enforcement purposes. Nothing in this chapter shall confer any proprietary or property rights in the use of the public highways.
SECTION 6. Section 77-7-13, Mississippi Code of 1972, is amended as follows:
77-7-13. (1) It shall be the duty of the commission and the commission shall have the power:
(a) To regulate common carriers by motor vehicle and contract carriers by motor vehicle not exempted in this chapter, doing business in this state, and to that end, the commission may establish reasonable requirements with respect to continuous and adequate service, transportation of baggage and express, uniform system of accounts, records and reports, preservation of records, and safety of operation and equipment, including maximum hours of service of employees.
* * *
( * * *b) To administer * * * the
provisions of this chapter concerning certificates of public convenience and
necessity, permits, performance bond, insurance, fees, identification plates
and trip permits, and carrier service, rates and charges, to make necessary
orders in connection therewith, and to prescribe rules, regulations and
procedure for such administration; however, the enforcement of the
provisions of this chapter on the roads, streets and highways of this state
shall fall under the jurisdiction of the department, through the division.
( * * *c) To inquire into the organization of
motor carriers, and into the management of their businesses, to keep itself
informed as to the manner and method in which the same is conducted, and to
transmit to the Legislature, from time to time, such recommendations as to
additional legislation relating to such carriers as the commission may deem
necessary.
(2) The commission may from time to time establish such just and reasonable classifications of groups of carriers included in the terms "common carrier by motor vehicle" and "contract carrier by motor vehicle," as the special nature of the services performed by such carriers shall require, and the commission may from time to time establish such just and reasonable rules, regulations and requirements, consistent with the provisions of this chapter, to be observed by the carriers so classified or grouped, as the commission deems necessary or desirable in the public interest.
(3) The commission may from time to time enter into joint and cooperative agreements with other governmental agencies in regard to safety, forms, operating procedures and regulatory jurisdiction.
(4) The rules, regulations, requirements and classifications adopted in pursuance to the power and duty of the commission by this section granted and imposed shall conform as nearly as practicable to the rules, regulations, requirements and classifications promulgated by the Interstate Commerce Commission, the United States Department of Transportation, or any other appropriate governmental agency.
(5) The commission shall not have the duty nor the power to regulate the rates of common carriers by motor vehicle which undertake, whether directly or by a lease or any other arrangement, to transport household goods.
(6) The commission shall not have the duty nor the power to regulate the rates of contract carriers by motor vehicle, who or which, under special and individual contract or agreements, and whether directly or by a lease or any other arrangement, transport household goods.
SECTION 7. Section 77-7-15, Mississippi Code of 1972, is amended as follows:
77-7-15. The commission shall prescribe, issue, amend and rescind such reasonable rules and regulations as may be reasonably necessary or appropriate to carry out the provisions of this chapter concerning certificates of public convenience and necessity, permits, performance bond, insurance, fees, identification plates and trip permits, and carrier duties, service, rates and charges; however, the prescription, issuance, amendment and rescission of reasonable rules and regulations concerning the enforcement of the provisions of this chapter on the roads, streets and highways of this state shall fall under the jurisdiction of the department, through the division, and shall not be subject to this section.
No rule or regulation shall be effective until thirty (30) days after copies of the proposed rule or regulation have been mailed to intrastate motor carriers affected thereby and until a notice, setting forth the terms or substance thereof and the time and place of a hearing thereon, has been published in a newspaper or newspapers of general circulation in the state and filed with the Secretary of State pursuant to the Mississippi Administrative Procedures Law. Such hearing may be held at any time after twenty (20) days following the date of publication of such notice, but such rules or regulations shall not become effective until a hearing thereon. The commission may make its initial set of rules and regulations effective at the end of such thirty-day period, subject to review thereof. All rules and regulations of the commission shall be filed with its secretary and shall be readily available for public inspection and examination during reasonable business hours. Any interested person shall have the right to petition the commission for issuance, amendment or repeal of a rule or regulation.
SECTION 8. Section 77-7-16, Mississippi Code of 1972, is amended as follows:
77-7-16. (1) Supervision
and inspection of the safe operation and the safe use of equipment of motor
vehicles operating in the state shall be a specified duty of * * * the
Mississippi Department of Public Safety. * * * The Mississippi
Transportation Commission shall promulgate as its own the rules, regulations,
requirements and classifications of the United States Department of
Transportation or any successor federal agency thereof charged with the
regulation of motor vehicle safety * * *. The * * * department shall enforce such rules, regulations,
requirements and classifications. * * *
The Mississippi Transportation Commission shall establish a system of
reciprocity with other states to facilitate the inspection of motor vehicles
provided for in this subsection.
(2) The * * *
Mississippi Department of Public Safety shall have the authority to inspect for
safe operation and safe use of equipment the following motor vehicles:
(a) Each holder of a certificate of convenience and necessity, a permit to operate as a contract carrier or interstate permit;
(b) Any individual, corporation or partnership engaged in a commercial enterprise operating a single motor vehicle or those in combination with a manufacturer's gross vehicle rating of more than ten thousand (10,000) pounds; and
(c) Any individual, corporation or partnership operating a motor vehicle of any gross weight transporting hazardous material that requires placarding under the Federal Hazardous Material Regulations.
(3) This section shall not apply to the following:
(a) Motor vehicles employed to transport school children and teachers;
(b) Motor vehicles owned and operated by the United States, District of Columbia or any state or any municipality or any other political subdivision of this state;
(c) Motor vehicles engaged in the occasional transportation of personal property without compensation by individuals which is not in the furtherance of a commercial enterprise;
(d) Motor vehicles engaged in the transportation of human corpses or sick or injured persons;
(e) Motor vehicles engaged in emergency or related operations;
(f) Motor vehicles engaged in the private transportation of passengers;
(g) Motor vehicles, including pickup trucks, that have a GVWR or GCWR of twenty-six thousand (26,000) pounds or less, operating intrastate only, provided that such vehicle does not:
(i) Transport hazardous material requiring a placard; or
(ii) Transport sixteen (16) or more passengers, including the driver.
(h) Motor vehicles owned and operated by any farmer who:
(i) Is using the vehicle to transport agricultural products from a farm owned by the farmer, or to transport farm machinery or farm supplies to or from a farm owned by the farmer;
(ii) Is not using the vehicle to transport hazardous materials of a type or quantity that requires the vehicle to be placarded in accordance with the Federal Hazardous Material Regulations in CFR 49 part 177.823; and
(iii) Is using the vehicle within one hundred fifty (150) air miles of the farmer's farm, and the vehicle is a private motor carrier of property.
(i) Motor vehicles engaged in the transportation of logs and pulpwood between the point of harvest and the first point of processing the harvested product;
(j) Motor vehicles engaged exclusively in hauling gravel, soil or other unmanufactured road building materials;
(k) As to hours of service only, utility service vehicles owned or operated by public utilities subject to regulation by the commission, while in intrastate commerce within this state, with a manufacturer's gross vehicle rating of less than twenty-six thousand one (26,001) pounds, unless the vehicle:
(i) Transports hazardous materials requiring a placard; or
(ii) Is designed or used to transport sixteen (16) or more people, including the driver.
(4) Anyone who violates or fails to comply with this section shall be subject to the penalties as provided for in Section 77-7-311, Mississippi Code of 1972.
SECTION 9. Section 77-7-17, Mississippi Code of 1972, is amended as follows:
77-7-17. No member of the commission or the department, and no employee of the commission or the department appointed or employed in the administration of this chapter, shall in any manner have pecuniary interest in, own any securities of, or hold any position with any motor carrier.
SECTION 10. Section 77-7-21, Mississippi Code of 1972, is amended as follows:
77-7-21. No restricted motor carrier not exempted in this chapter shall engage in intrastate operation on any highway within the state unless such carrier is in compliance with the requirements of the laws and regulations of the commission and the department.
SECTION 11. Section 77-7-127, Mississippi Code of 1972, is amended as follows:
77-7-127. All funds
collected by the commission under the provisions of this chapter shall be
deposited in the State Treasury to the credit of the commission's regulation
fund for use by the commission for the administration * * * of the laws of this state
relative to the inspection, control and supervision of the business, * * * service or accounts of motor
carriers subject to this chapter.
From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law.
From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
SECTION 12. Section 77-7-311, Mississippi Code of 1972, is amended as follows:
77-7-311. (1) Any person violating any provisions of this chapter, or any rule, regulation, requirement or order thereunder, or any term or condition of any certificate or permit, for which a penalty is not otherwise provided in this chapter, shall be deemed guilty of a misdemeanor and, upon conviction thereof, be fined not less than Twenty-five Dollars ($25.00) and not more than Five Hundred Dollars ($500.00) for the first offense and not less than Five Hundred Dollars ($500.00) and not more than One Thousand Dollars ($1,000.00) for each subsequent offense. Each day of violation shall constitute a separate offense.
(2) Any person, whether carrier, shipper, consignee, or any officer, employee, agent or representative thereof, who shall knowingly offer, grant or give, or solicit, accept or receive any rebate, concession or discrimination in violation of any provision of this chapter, or who by means of any false statement or representation, or by the use of any false or fictitious bill, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, deposition, lease or bill of sale, or by any other means or device, shall knowingly and willfully assist, suffer or permit any person or persons, natural or artificial, to obtain transportation of passengers or property subject to this chapter for less than the applicable rate, fare or charge, or who shall knowingly and willfully, by any such means or otherwise, fraudulently seek to evade or defeat regulation as in this chapter provided for motor carriers, shall be deemed guilty of a misdemeanor and, upon conviction thereof, be fined not less than One Hundred Dollars ($100.00) and not more than Five Hundred Dollars ($500.00) for the first offense and not less than Five Hundred Dollars ($500.00) and not more than One Thousand Dollars ($1,000.00) for any subsequent offense.
(3) Any owner, operator or driver of any vehicle, who is required by any law or by any rule or regulation of the commission or the department to stop at any inspection station or submit to an inspection, who willfully fails or refuses to do so, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00), or more than One Thousand Dollars ($1000.00), or by confinement in the county jail for not more than thirty (30) days, or by both fine and jail sentence.
(4) Any individual, corporation or partnership operating a motor vehicle transporting hazardous material that is found to be in violation of any rule, regulation or requirement as provided by Section 77-7-16 shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Two Hundred Dollars ($200.00) or more than Five Hundred Dollars ($500.00) for the first offense, and not less than Five Hundred Dollars ($500.00) and not more than One Thousand Dollars ($1,000.00) for each subsequent offense. Each day of violation shall constitute a separate offense.
(5) Any person operating or attempting to operate a motor vehicle which has been placed out of service by a motor carrier inspector shall be fined One Thousand Dollars ($1,000.00).
SECTION 13. Section 77-7-331, Mississippi Code of 1972, is amended as follows:
77-7-331. The chief enforcement officer and the
inspectors * * * of
the commission shall be responsible for enforcing and investigating all
alleged violations of this chapter, and the rules, regulations and general
orders of the commission promulgated thereunder; however, the enforcement and investigation of the provisions of
this chapter, and the rules, regulations and general orders of the commission
or the department promulgated thereunder, on the roads, streets and highways of
this state shall fall under the jurisdiction of the department, through the
division. In
the performance of their duties such employees shall give particular attention
to the enforcement of the commission's or the department's safety rules
and regulations; the provisions of this chapter applicable to rates, charges
and practices of motor carriers; the provisions prohibiting unlawful preference,
concession, rebate, or discrimination; the adequacy of service, equipment and
facilities of motor carriers; and the requirements respecting certificate of
public convenience and necessity or permits as set forth in this chapter.
SECTION 14. Section 77-7-333, Mississippi Code of 1972, is amended as follows:
77-7-333. After selection,
the * * *
enforcement officers and the inspectors of the division shall go through
thirty (30) days of intensive instruction of the laws of this state pertaining
to the Mississippi Department of Transportation and the Department of Public
Safety, together with the rules and regulations of * * * both of these * * * agencies, and the laws of
this state pertaining to arrest. The expenses of attending such school shall
be paid out of the * * * monies
appropriated by the Legislature to the department.
From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law.
From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
SECTION 15. Section 77-7-335, Mississippi Code of 1972, is amended as follows:
77-7-335. (1) All division inspectors on duty shall wear uniforms, shall have the right to bear arms, and shall have the authority to make arrests and hold and impound any vehicle and the contents thereof which is being operated in violation of this chapter or the commission's or the department's rules, regulations or general orders promulgated thereunder.
(2) All inspectors shall
have the authority to enforce all of the laws, rules and regulations of the
commission and the department upon all highways in the state and the rights-of-way
of such highways and other properties as defined in Section 77-7-261; except
that if any person commits an offense in violation of this chapter or the rules
and regulations of * * * the commission or the department upon a highway
in the state and be pursued by * * * an enforcement officer or
inspector of the * * * division, such * * * enforcement officer or inspector
may pursue and apprehend such offender upon any of the highways in this state,
or to any other place to which such offender may flee.
(3) All inspectors shall
have the authority to aid and assist any law enforcement officer whose life or
safety is in jeopardy and may arrest without warrant any fugitive from justice
who has escaped or who is using the highways in the state in an attempt to
flee. * * * Inspectors of the * * * division may assist other
law enforcement agencies in searching for convicted felons who have escaped or
for alleged felons where there is probable cause to believe that the person
being sought committed the felony and a felony had actually been committed.
(4) Upon request of * * * a sheriff of
any county or the chief of police of any community * * *, all division
inspectors have the authority to assist in traffic control during time of
natural disasters, such as hurricanes, tornados or floods.
* * *
SECTION 16. Section 77-7-337, Mississippi Code of 1972, is amended as follows:
77-7-337. The * * * division is hereby
authorized and empowered to purchase all necessary equipment to enforce the
provisions of this chapter * * *.
From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law.
From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
SECTION 17. Section 77-7-339, Mississippi Code of 1972, is amended as follows:
77-7-339. The * * * reasonable and necessary expenses of * * * the administration of the
duties imposed on the commission by this chapter, shall be paid out of the
special fund in the State Treasury designated as the commission's regulation
fund, upon requisition and warrants in the same manner provided by law for the
disbursements of appropriations for the commission. An itemized account shall
be kept of all receipts and expenditures and shall be reported to the
Legislature by the commission.
From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law.
From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
SECTION 18. Section 77-7-341, Mississippi Code of 1972, is amended as follows:
77-7-341. For the purpose of administering * * * the provisions of this chapter,
the commission * * * is directed to cooperate with and use the
services of the * * * enforcement officers and inspectors of the * * * department, and the commission
shall utilize the facilities and equipment of the inspection stations
maintained by the * * * division. However,
in utilizing these personnel and facilities, the commission shall not interfere
with or impede the performance by the personnel of the duties and
responsibilities otherwise assigned to them.
SECTION 19. Section 45-3-21, Mississippi Code of 1972, is amended as follows:
45-3-21. (1) The powers and duties of the Highway Safety Patrol shall be, in addition to all others prescribed by law, as follows:
(a) To enforce all of the traffic laws, rules and regulations of the State of Mississippi upon all highways of the state highway system and the rights-of-way of such highways; provided, however, that if any person commits an offense upon the state highway system and be pursued by a member of the Highway Safety Patrol, such patrol officer may pursue and apprehend such offender upon any of the highways or public roads of this state, or to any other place to which such offender may flee.
(b) To enforce all rules and regulations of the commissioner promulgated pursuant to legal authority.
(c) When so directed by the Governor, to enforce any of the laws of this state upon any of the highways or public roads thereof.
(d) Upon the request
of the * * * Department of Revenue, and with the approval of
the Governor, to enforce all of the provisions of law with reference to the
registration, license and taxation of vehicles using the highways of this
state, and relative to the sizes, weights and load limits of such vehicles, and
to enforce the provisions of all other laws administered by the * * * Department of Revenue
upon any of the highways or public roads of this state; and for such purpose
the Highway Safety Patrol shall have the authority to collect and receive all
taxes which may be due under any of such laws, and to report and remit same to
the * * * Department of Revenue in the manner required by
law, or the rules and regulations of the * * * Department of Revenue.
(e) * * *
Upon request of the Commercial Transportation Enforcement Division within
the Department of Public Safety, and when so instructed by the commissioner,
to enforce * * *
the Mississippi Motor Carrier Regulatory Law of 1938 and rules and regulations
promulgated thereunder.
(f) To arrest without warrant any person or persons committing or attempting to commit any misdemeanor, felony or breach of the peace within their presence or view, and to pursue and so arrest any person committing such an offense to and at any place in the State of Mississippi where he may go or be. Nothing herein shall be construed as granting the Mississippi Highway Safety Patrol general police powers.
(g) To aid and assist any law enforcement officer whose life or safety is in jeopardy. Additionally, officers of the Highway Safety Patrol may arrest without warrant any fugitive from justice who has escaped or who is using the highways of the state in an attempt to flee. With the approval of the commissioner or his designee, officers of the Highway Safety Patrol may assist other law enforcement agencies in manhunts for convicted felons who have escaped and/or for alleged felons where there is probable cause to believe that the person being sought committed the felony and a felony had actually been committed.
(h) To cooperate with the State Forest Service by reporting all forest fires.
(i) Upon request of the sheriff or his designee, or board of supervisors of any county or the chief of police or mayor of any municipality, and when so instructed by the commissioner or his designee, to respond to calls for assistance in a law enforcement incident; such request and action shall be noted and clearly reflected on the radio logs of both the Mississippi Highway Safety Patrol district substation and that of the requesting agency, entered on the local NCIC terminal, if available, and a request in writing shall follow within forty-eight (48) hours. Additionally, the time of commencement and termination of the specific law enforcement incident shall be clearly noted on the radio logs of both law enforcement agencies.
(2) The Legislature declares that the primary law enforcement officer in any county in the State of Mississippi is the duly qualified and elected sheriff thereof, but for the purposes of this subsection there is hereby vested in the Department of Public Safety, in addition to the powers hereinabove mentioned and the other provisions of this section under the terms and limitations hereinafter mentioned and for the purpose of insuring domestic tranquility and for the purpose of preventing or suppressing, or both, crimes of violence, acts and conduct calculated to, or which may, provoke or lead to violence and/or incite riots, mobs, mob violence, a breach of the peace, and acts of intimidation or terror, the powers and duties to include the enforcement of all the laws of the State of Mississippi relating to such purposes, to investigate any violation of the laws of the State of Mississippi and to aid in the arrest and prosecution of persons charged with violating the laws of the State of Mississippi which relate to such purposes. Investigators of the Bureau of Investigation of the Department of Public Safety shall have general police powers to enforce all the laws of the State of Mississippi. All officers of the Department of Public Safety charged with the enforcement of the laws administered by that agency, for the purposes herein set forth, shall have full power to investigate, prevent, apprehend and arrest law violators anywhere in the state, and shall be vested with the power of general police officers in the performance of their duties. The officers of the Department of Public Safety are authorized and empowered to carry and use firearms and other weapons deemed necessary in the discharge of their duties as such and are also empowered to serve warrants and subpoenas issued under the authority of the State of Mississippi. The Governor shall be authorized to offer and pay suitable rewards to persons aiding in the investigation, apprehension and conviction of persons charged with acts of violence, or threats of violence or intimidation or acts of terrorism. The additional powers herein granted to or vested in the Department of Public Safety or any of its officers or employees by this section, excepting investigating powers, and those powers of investigators who shall have general police power, being the investigators in the Bureau of Investigation of the Department of Public Safety, shall not be exercised by the Department of Public Safety, or any of its officers or employees, except upon authority and direction of the Governor or Acting Governor, by proclamation duly signed, in the following instances, to wit:
(a) When requested by the sheriff or board of supervisors of any county or the mayor of any municipality on the grounds that mob violence, crimes of violence, acts and conduct of terrorism, riots or acts of intimidation, or either, calculated to or which may provoke violence or incite riots, mobs, mob violence, violence, or lead to any breach of the peace, or either, and acts of intimidation or terror are anticipated, and when such acts or conduct in the opinion of the Governor or Acting Governor would provoke violence or any of the foregoing acts or conduct set out in this subsection, and the sheriff or mayor, as the case may be, lacks adequate police force to prevent or suppress the same.
(b) Acting upon evidence submitted to him by the Department of Public Safety, or other investigating agency authorized by the Governor or Acting Governor to make such investigations, because of the failure or refusal of the sheriff of any county or mayor of any municipality to take action or employ such means at his disposal, to prevent or suppress the acts, conduct or offenses provided for in subsection (1) of this section, the Governor or Acting Governor deems it necessary to invoke the powers and authority vested in the Department of Public Safety.
(c) The Governor or Acting Governor is hereby authorized and empowered to issue his proclamation invoking the powers and authority vested by this paragraph, as provided in paragraphs (a) and (b) of this subsection, and when the Governor or Acting Governor issues said proclamation in accordance herewith, said proclamation shall become effective upon the signing thereof and shall continue in full force and effect for a period of ninety (90) days, or for a shorter period if otherwise ordered by the Governor or Acting Governor. At the signing of the proclamation by the Governor or Acting Governor, the Department of Public Safety and its officers and employees shall thereupon be authorized to exercise the additional power and authority vested in them by this paragraph. The Governor and Acting Governor may issue additional proclamations for periods of ninety (90) days each under the authority of paragraphs (a) and (b) of this subsection (2).
(3) All proclamations issued by the Governor or Acting Governor shall be filed in the Office of the Secretary of State on the next succeeding business day.
(4) It is not the intention of this section to vest the wide powers and authority herein provided for, as general powers of the Department of Public Safety, and the same are not hereby so vested, but to limit these general powers to cases and incidents wherein it is deemed necessary to prevent or suppress the offenses and conditions herein mentioned in this and other subsections of this section, and under the terms and conditions hereinabove enumerated, it being the sense of the Legislature that the prime duties of the Department of Public Safety are to patrol the highways of this state and enforce the highway safety laws.
(5) Patrol officers shall have no interest in any costs in the prosecution of any case through any court; nor shall any patrol officer receive any fee as a witness in any court held in this state, whether a state or federal court.
(6) Provided, however, that the general police power vested by virtue of the terms of subsection (2) of this section is solely for the purposes set out in said subsection.
SECTION 20. Section 27-19-89, Mississippi Code of 1972, is amended as follows:
[Through June 30, 2023, this section shall read as follows:]
27-19-89. (a) If any nonresident owner or operator or other nonresident person eligible for a temporary permit as provided in Section 27-19-79, who has not elected to register and pay the annual privilege taxes prescribed, shall enter or go upon the public highways of the state and shall fail or refuse to obtain the permit required by Section 27-19-79, such person shall be liable, for the first such offense, for the full amount of the permit fee required, plus a penalty thereon of five hundred percent (500%). For the second and all subsequent offenses, such person who fails or refuses to obtain such permits shall be liable for the pro rata part of the annual tax for the balance of the tag year for the maximum legal gross weight of the vehicle plus a penalty thereon of twenty-five percent (25%). Any weight in excess of the maximum legal gross weight of the vehicle, or in excess of the maximum highway weight limit, shall be penalized according to subsection (c) of this section. In either case the excess weight shall be removed by the operator before the vehicle can be allowed to proceed. In order to constitute a "second or subsequent offense" under the provisions hereof, it shall not be necessary that the same or identical vehicle be involved, it being the declared purpose hereof to provide that such penalties shall run against the owner or operator rather than against the specified vehicle. It is further provided that, in order for such owner or operator to become liable for the penalties herein provided, it shall not be necessary to show that such owner or operator was guilty of willfulness, gross negligence or wantonness, but the offense shall be complete upon the failure or refusal to obtain the required permit.
(b) If any person who has registered his vehicle in Mississippi shall operate such vehicle upon the public highways, having a gross weight greater than the licensed gross weight of such vehicle, and shall fail or refuse to obtain a permit therefor as required by Section 27-19-79, or if any person shall operate any such registered vehicle upon the public highways in a higher classification than that for which it is registered, and shall fail or refuse to obtain a permit therefor as required by Section 27-19-79, then such person shall be liable for the pro rata part of the annual tax for the balance of the tag year for the legal gross weight of such vehicle and in the classification in which same is being operated, plus a penalty thereon of twenty-five percent (25%), after having been given credit for the unexpired part of the privilege tax paid, as provided in Section 27-19-75. In order that such owner or operator shall become liable for the penalties herein provided, it shall not be necessary to show that such owner or operator was guilty of willfulness, gross negligence or wantonness, but the offense shall be complete upon the failure or refusal to obtain the required permit.
(c) If any person shall operate upon a highway of this state a vehicle which has a greater vehicle gross weight than the maximum gross weight limit established by law for that highway and shall have failed to obtain an overload permit as required by Section 27-19-81, or if any person shall operate a vehicle with a greater load on any axle or axle grouping than allowed by law, then such person, owner or operator shall be assessed a penalty on such axle load weight or vehicle gross weight as exceeds the legal limit in accordance with the following schedule:
AMOUNT IN EXCESS OF
LEGAL HIGHWAY WEIGHT
LIMITS IN POUNDS PENALTY
1 to 999 $10.00 minimum penalty
1,000 to 1,999 1¢ per pound in excess of legal limit
2,000 to 2,999 2¢ per pound in excess of legal limit
3,000 to 3,999 3¢ per pound in excess of legal limit
4,000 to 4,999 4¢ per pound in excess of legal limit
5,000 to 5,999 5¢ per pound in excess of legal limit
6,000 to 6,999 6¢ per pound in excess of legal limit
7,000 to 7,999 7¢ per pound in excess of legal limit
8,000 to 8,999 8¢ per pound in excess of legal limit
9,000 to 9,999 9¢ per pound in excess of legal limit
10,000 to 10,999 10¢ per pound in excess of legal limit
11,000 or more 11¢ per pound in excess of legal limit
Any vehicle in violation of the tolerance allowed pursuant to Section 63-5-33(3) shall be fined pursuant to this subsection (c) for all weight in excess of the legal highway gross weight limit authorized for such vehicle or for all weight in excess of the legal tandem axle load weight limit of forty thousand (40,000) pounds and the legal single axle load limit of twenty thousand (20,000) pounds, whichever the case may be.
The penalty to be assessed for operations of a vehicle with a greater load on any axle or axle grouping than the legal axle load weight limits shall be one-half (1/2) the penalty for operation in excess of the legal gross weight limit.
In instances where both the legal highway gross weight limit and the legal axle load weight limit(s) are exceeded, the fine that shall be levied shall be either the penalty amount for the excess vehicle gross weight or the total of the penalty amounts of all overloaded axles, whichever is the larger amount.
Notwithstanding any other
provisions of this section to the contrary, the fine assessed against the
holder of a harvest permit for exceeding a gross vehicle weight of eighty-four
thousand (84,000) pounds, but not exceeding a gross vehicle weight of ninety-five
thousand (95,000) pounds, shall be Five Cents (5¢) per pound * * *. The
fine for exceeding a gross vehicle weight of ninety-five thousand (95,000)
pounds, but not exceeding a gross vehicle weight of one hundred thousand
(100,000) pounds, shall be One Thousand Five Hundred Dollars ($1,500.00). The
fine for exceeding a gross vehicle weight of one hundred thousand (100,000)
pounds shall be Two Thousand Five Hundred Dollars ($2,500.00) for a first
offense and Three Thousand Five Hundred Dollars ($3,500.00) for a second
offense. Any subsequent offense of exceeding a gross vehicle weight of one
hundred thousand (100,000) pounds may subject the permit holder to suspension
of the harvest permit for up to thirty (30) days.
Notwithstanding any other provision of this subsection (c) to the contrary, upon an appeal to the Appeals Board of the Mississippi Transportation Commission by an owner or operator of a vehicle hauling without a harvest permit any of the products or materials described in subsection (3) of Section 63-5-33 and upon whom a penalty has been assessed under this subsection (c) for exceeding the legal weight limit(s) on a highway having a legal weight limit of eighty thousand (80,000) pounds or less, the appeals board shall reduce the penalty assessed against such owner/operator to an amount not to exceed ten percent (10%) of the amount which would otherwise be due without the reduction authorized under this paragraph. A reduction shall not be authorized under this paragraph if the gross weight of the vehicle for which an owner/operator has been charged with a violation of this section exceeds eighty-four thousand (84,000) pounds; and, in any event, no reduction shall be authorized under this paragraph unless a penalty assessed under this section is appealed to the appeals board and unless the board determines, based upon its records, that such owner/operator has not been granted a penalty reduction under this paragraph within a period of twelve (12) months immediately preceding the date of filing an appeal with the board for a penalty reduction under this paragraph.
(d) If any nonresident owner or operator who has not registered his vehicle and paid the annual privilege taxes prescribed shall operate his vehicle upon the highways of this state when such vehicle has a greater gross weight than permitted by law for the highway traveled upon, and for which such excess gross weight a permit was not or could not be procured from the transportation department as required by Section 27-19-81, such person shall be liable upon his second and all subsequent offenses for the pro rata part of the annual tax for the balance of the tag year for the legal gross weight of the vehicle, and in addition thereto the penalty fee on the excess weight as specified in subsection (c) of this section. In order that such owner or operator shall become liable for the penalties herein provided, it shall not be necessary that the same or identical vehicle be involved, it being the declared purpose hereof to provide that such penalties shall run against the owner or operator rather than against the specific vehicle.
(e) All fines and penalties imposed and collected by the Mississippi Department of Transportation for violations of the maximum legal vehicle weight limits authorized on the highways of this state shall be deposited into a special fund that is created in the State Treasury. Monies in the fund shall be allocated and distributed quarterly, beginning September 30, 1994, to each county of the state based on the amount of such fines and penalties imposed and collected in the county during the immediately preceding three (3) months. Monies distributed to the counties under this subsection shall be deposited in each county's road and bridge fund and may be expended, upon approval of the board of supervisors, for any purpose for which county road and bridge fund monies lawfully may be expended.
[From and after July 1, 2023, this section shall read as follows:]
27-19-89. (a) If any nonresident owner or operator or other nonresident person eligible for a temporary permit as provided in Section 27-19-79, who has not elected to register and pay the annual privilege taxes prescribed, shall enter or go upon the public highways of the state and shall fail or refuse to obtain the permit required by Section 27-19-79, such person shall be liable, for the first such offense, for the full amount of the permit fee required, plus a penalty thereon of five hundred percent (500%). For the second and all subsequent offenses, such person who fails or refuses to obtain such permits shall be liable for the pro rata part of the annual tax for the balance of the tag year for the maximum legal gross weight of the vehicle plus a penalty thereon of twenty-five percent (25%). Any weight in excess of the maximum legal gross weight of the vehicle, or in excess of the maximum highway weight limit, shall be penalized according to subsection (c) of this section. In either case the excess weight shall be removed by the operator before the vehicle can be allowed to proceed. In order to constitute a "second or subsequent offense" under the provisions hereof, it shall not be necessary that the same or identical vehicle be involved, it being the declared purpose hereof to provide that such penalties shall run against the owner or operator rather than against the specified vehicle. It is further provided that, in order for such owner or operator to become liable for the penalties herein provided, it shall not be necessary to show that such owner or operator was guilty of willfulness, gross negligence or wantonness, but the offense shall be complete upon the failure or refusal to obtain the required permit.
(b) If any person who has registered his vehicle in Mississippi shall operate such vehicle upon the public highways, having a gross weight greater than the licensed gross weight of such vehicle, and shall fail or refuse to obtain a permit therefor as required by Section 27-19-79, or if any person shall operate any such registered vehicle upon the public highways in a higher classification than that for which it is registered, and shall fail or refuse to obtain a permit therefor as required by Section 27-19-79, then such person shall be liable for the pro rata part of the annual tax for the balance of the tag year for the legal gross weight of such vehicle and in the classification in which same is being operated, plus a penalty thereon of twenty-five percent (25%), after having been given credit for the unexpired part of the privilege tax paid, as provided in Section 27-19-75. In order that such owner or operator shall become liable for the penalties herein provided, it shall not be necessary to show that such owner or operator was guilty of willfulness, gross negligence or wantonness, but the offense shall be complete upon the failure or refusal to obtain the required permit.
(c) If any person shall operate upon a highway of this state a vehicle which has a greater vehicle gross weight than the maximum gross weight limit established by law for that highway and shall have failed to obtain an overload permit as required by Section 27-19-81, or if any person shall operate a vehicle with a greater load on any axle or axle grouping than allowed by law, then such person, owner or operator shall be assessed a penalty on such axle load weight or vehicle gross weight as exceeds the legal limit in accordance with the following schedule:
AMOUNT IN EXCESS OF
LEGAL HIGHWAY WEIGHT
LIMITS IN POUNDS PENALTY
1 to 999 $10.00 minimum penalty
1,000 to 1,999 1¢ per pound in excess of legal limit
2,000 to 2,999 2¢ per pound in excess of legal limit
3,000 to 3,999 3¢ per pound in excess of legal limit
4,000 to 4,999 4¢ per pound in excess of legal limit
5,000 to 5,999 5¢ per pound in excess of legal limit
6,000 to 6,999 6¢ per pound in excess of legal limit
7,000 to 7,999 7¢ per pound in excess of legal limit
8,000 to 8,999 8¢ per pound in excess of legal limit
9,000 to 9,999 9¢ per pound in excess of legal limit
10,000 to 10,999 10¢ per pound in excess of legal limit
11,000 or more 11¢ per pound in excess of legal limit
Any vehicle in violation of the tolerance allowed pursuant to Section 63-5-33(3) shall be fined pursuant to this subsection (c) for all weight in excess of the legal highway gross weight limit authorized for such vehicle or for all weight in excess of the legal tandem axle load weight limit of forty thousand (40,000) pounds and the legal single axle load limit of twenty thousand (20,000) pounds, whichever the case may be.
The penalty to be assessed for operations of a vehicle with a greater load on any axle or axle grouping than the legal axle load weight limits shall be one-half (1/2) the penalty for operation in excess of the legal gross weight limit.
In instances where both the legal highway gross weight limit and the legal axle load weight limit(s) are exceeded, the fine that shall be levied shall be either the penalty amount for the excess vehicle gross weight or the total of the penalty amounts of all overloaded axles, whichever is the larger amount.
Notwithstanding any other
provisions of this section to the contrary, the fine assessed against the
holder of a harvest permit for exceeding a gross vehicle weight of * * * eighty-eight
thousand (88,000) pounds, but not exceeding a gross vehicle weight of
ninety thousand (90,000) pounds, shall be Five Cents (5¢) per pound. The fine
for exceeding a gross vehicle weight of ninety thousand (90,000) pounds, but
not exceeding a gross vehicle weight of one hundred thousand (100,000) pounds,
shall be One Thousand Five Hundred Dollars ($1,500.00). The fine for exceeding
a gross vehicle weight of one hundred thousand (100,000) pounds shall be Two
Thousand Five Hundred Dollars ($2,500.00) for a first offense and Three
Thousand Five Hundred Dollars ($3,500.00) for a second offense. Any subsequent
offense of exceeding a gross vehicle weight of one hundred thousand (100,000)
pounds may subject the permit holder to suspension of the harvest permit for up
to thirty (30) days.
Notwithstanding any other
provision of this subsection (c) to the contrary, upon an appeal to the Appeals
Board of the Mississippi Transportation Commission by an owner or operator of a
vehicle hauling without a harvest permit any of the products or materials
described in subsection (3) of Section 63-5-33 and upon whom a penalty has been
assessed under this subsection (c) for exceeding the legal weight limit(s) on a
highway having a legal weight limit of eighty thousand (80,000) pounds or less,
the appeals board shall reduce the penalty assessed against such owner/operator
to an amount not to exceed ten percent (10%) of the amount which would
otherwise be due without the reduction authorized under this paragraph. A
reduction shall not be authorized under this paragraph if the gross weight of
the vehicle for which an owner/operator has been charged with a violation of
this section exceeds * * * eighty-eight thousand
(88,000) pounds; and, in any event, no reduction shall be authorized under
this paragraph unless a penalty assessed under this section is appealed to the
appeals board and unless the board determines, based upon its records, that
such owner/operator has not been granted a penalty reduction under this
paragraph within a period of twelve (12) months immediately preceding the date
of filing an appeal with the board for a penalty reduction under this
paragraph.
(d) If any nonresident owner or operator who has not registered his vehicle and paid the annual privilege taxes prescribed shall operate his vehicle upon the highways of this state when such vehicle has a greater gross weight than permitted by law for the highway traveled upon, and for which such excess gross weight a permit was not or could not be procured from the transportation department as required by Section 27-19-81, such person shall be liable upon his second and all subsequent offenses for the pro rata part of the annual tax for the balance of the tag year for the legal gross weight of the vehicle, and in addition thereto the penalty fee on the excess weight as specified in subsection (c) of this section. In order that such owner or operator shall become liable for the penalties herein provided, it shall not be necessary that the same or identical vehicle be involved, it being the declared purpose hereof to provide that such penalties shall run against the owner or operator rather than against the specific vehicle.
(e) All fines and penalties imposed and collected by the Mississippi Department of Transportation for violations of the maximum legal vehicle weight limits authorized on the highways of this state shall be deposited into a special fund that is created in the State Treasury. Monies in the fund shall be allocated and distributed quarterly, beginning September 30, 1994, to each county of the state based on the amount of such fines and penalties imposed and collected in the county during the immediately preceding three (3) months. Monies distributed to the counties under this subsection shall be deposited in each county's road and bridge fund and may be expended, upon approval of the board of supervisors, for any purpose for which county road and bridge fund monies lawfully may be expended.
SECTION 21. Section 65-1-179, Mississippi Code of 1972, is amended as follows:
[Through June 30, 2024, this section shall read as follows:]
65-1-179. (1) There is created in the State Treasury a special fund to be known as the "Emergency Road and Bridge Repair Fund," into which shall be deposited money appropriated by the Legislature or otherwise made available in any manner, and funds from any other source designated for deposit into such fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund and any interest earned or investment earnings on amounts in the fund shall be deposited into the fund. The expenditure of money deposited into the fund shall be under the direction of the Mississippi Department of Transportation, and such funds shall be paid by the Mississippi Department of Transportation upon warrants issued by the Department of Finance and Administration.
(2) Money in the fund shall
be utilized by the Mississippi Department of Transportation, with the advice of
the Emergency Road and Bridge Repair Fund Advisory Board, to provide funding,
in equal portions, for * * *: (a) the repair,
reconstruction and maintenance of the roads, streets and highways * * * of this state and its counties
and municipalities, and * * * (b) the
rehabilitation and replacement of bridges on the public roads,
streets and highways * * * of this state and its counties and municipalities,
as determined by a unanimous vote of the Mississippi Transportation
Commission. However, before the expenditure of money in the fund, the
department shall promulgate rules and regulations as authorized in subsection
(3) of this section.
(3) (a) There is created the Emergency Road and Bridge Repair Fund Advisory Board which shall consist of the following members:
(i) The President and Chief Executive Officer of the Mississippi Economic Council;
(ii) The President and Chief Executive Officer of the Mississippi Manufacturers Association;
(iii) The President of the Mississippi Farm Bureau Federation;
(iv) The President of the Mississippi Poultry Association;
(v) The President of the Mississippi Trucking Association;
(vi) The Executive Director of the Mississippi Association of Supervisors;
(vii) The Executive Director of the Mississippi Municipal League;
(viii) The Executive Vice President of the Mississippi Cattlemen's Association;
(ix) The Executive Director of the Mississippi Loggers Association; and
(x) The Executive Director of the American Council of Engineering Companies-Mississippi.
(b) The Governor shall appoint the chairman of the board and the board shall elect such other officers as it considers necessary from among its members.
(c) A majority of the members of the board shall constitute a quorum for the conduct of meetings and all actions of the board shall be by a majority vote. No compensation, per diem or mileage expense shall be provided to board members.
(d) The Governor's office shall provide any necessary administrative support to the board.
(e) The board shall meet at least quarterly to conduct business.
(f) The board shall provide nonbinding advice to the Department of Transportation regarding the expenditure of money in the Emergency Road and Bridge Repair Fund.
(4) The Mississippi Department of Transportation shall have all powers necessary to implement and administer the program established under this section to maximize all potential sources of funding including state and federal, for projects covered by the program. Any available sources of funding may be combined to fund any project covered by the program. This includes state aid road funds and/or Local System Bridge Replacement and Rehabilitation Program funds, which may be used in conjunction with Emergency Road and Bridge Repair Fund monies within the discretion of the State Aid Engineer. Under no circumstances, however, shall Emergency Road and Bridge Repair Fund monies be used to reimburse any amount that has been expended on the project prior to the award of such monies to the recipient.
(5) When monies in the Emergency Road and Bridge Repair Fund are distributed for projects, such monies shall not be redeposited in the State Treasury, absent extraordinary circumstances where the recipient must return monies received under the program. This requirement is not intended to inhibit state agencies from receiving Emergency Road and Bridge Repair Fund monies for appropriate projects or to curtail any proper transfer of monies to accomplish such a project.
(6) The department shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, necessary for the implementation of this section.
[From and after July 1, 2024, this section shall read as follows:]
65-1-179. (1) There is created in the State Treasury a special fund to be known as the "Emergency Road and Bridge Repair Fund," into which shall be deposited money appropriated by the Legislature or otherwise made available in any manner, and funds from any other source designated for deposit into such fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund and any interest earned or investment earnings on amounts in the fund shall be deposited into the fund. The expenditure of money deposited into the fund shall be under the direction of the Mississippi Department of Transportation, and such funds shall be paid by the Mississippi Department of Transportation upon warrants issued by the Department of Finance and Administration.
(2) Money in the fund shall be utilized by the Mississippi Department of Transportation, with the advice of the Emergency Road and Bridge Repair Fund Advisory Board, to provide funding for emergency repairs to roads, streets and highways in this state and emergency bridge repairs on public roads, streets and highways in this state, as determined by a unanimous vote of the Mississippi Transportation Commission. However, before the expenditure of money in the fund, the department shall promulgate rules and regulations as authorized in subsection (3) of this section.
(3) (a) There is created the Emergency Road and Bridge Repair Fund Advisory Board which shall consist of the following members:
(i) The President and Chief Executive Officer of the Mississippi Economic Council;
(ii) The President and Chief Executive Officer of the Mississippi Manufacturers Association;
(iii) The President of the Mississippi Farm Bureau Federation;
(iv) The President of the Mississippi Poultry Association;
(v) The President of the Mississippi Trucking Association;
(vi) The Executive Director of the Mississippi Association of Supervisors;
(vii) The Executive Director of the Mississippi Municipal League;
(viii) The Executive Vice President of the Mississippi Cattlemen's Association;
(ix) The Executive Director of the Mississippi Loggers Association; and
(x) The Executive Director of the American Council of Engineering Companies-Mississippi.
(b) The Governor shall appoint the chairman of the board and the board shall elect such other officers as it considers necessary from among its members.
(c) A majority of the members of the board shall constitute a quorum for the conduct of meetings and all actions of the board shall be by a majority vote. No compensation, per diem or mileage expense shall be provided to board members.
(d) The Governor's office shall provide any necessary administrative support to the board.
(e) The board shall meet at least quarterly to conduct business.
(f) The board shall provide nonbinding advice to the Department of Transportation regarding the expenditure of money in the Emergency Road and Bridge Repair Fund.
(4) The Mississippi Department of Transportation shall have all powers necessary to implement and administer the program established under this section to maximize all potential sources of funding including state and federal, for projects covered by the program. Any available sources of funding may be combined to fund any project covered by the program. This includes state aid road funds and/or Local System Bridge Replacement and Rehabilitation Program funds, which may be used in conjunction with Emergency Road and Bridge Repair Fund monies within the discretion of the State Aid Engineer. Under no circumstances, however, shall Emergency Road and Bridge Repair Fund monies be used to reimburse any amount that has been expended on the project prior to the award of such monies to the recipient.
(5) When monies in the Emergency Road and Bridge Repair Fund are distributed for projects, such monies shall not be redeposited in the State Treasury, absent extraordinary circumstances where the recipient must return monies received under the program. This requirement is not intended to inhibit state agencies from receiving Emergency Road and Bridge Repair Fund monies for appropriate projects or to curtail any proper transfer of monies to accomplish such a project.
(6) The department shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, necessary for the implementation of this section.
SECTION 22. Section 19-11-27, Mississippi Code of 1972, is amended as follows:
19-11-27. No board of supervisors of any county shall expend from, or contract an obligation against, the budget estimates for road and bridge construction, maintenance and equipment, made and published by it during the last year of the term of office of such board, between the first day of October and the first day of the following January, a sum exceeding one-fourth (1/4) of such item of the budget made and published by it, except in cases of emergency. The clerk of any county is prohibited from issuing any warrant contrary to the provisions of this section. No board of supervisors nor any member thereof shall buy any machinery or equipment in the last six (6) months of their or his term unless or until he has been elected at the general election of that year. The provisions of this section shall not apply to (i) until January 1, 2020, projects of any type that receive monies from the Local System Bridge Replacement and Rehabilitation Program, the Emergency Road and Bridge Repair Fund, the 2018 Transportation and Infrastructure Improvement Fund or the Gulf Coast Restoration Fund and (ii) to expenditures during calendar year 2019 on deficient bridges in the State Aid Road System or the Local System Road Program that have a sufficiency rating of less than fifty (50) or to a contract, lease or lease-purchase contract executed pursuant to the bidding requirements in Section 31-7-13 and approved by a unanimous vote of the board. Such unanimous vote shall include a statement indicating the board's proclamation that the award of the contract is essential to the efficiency and economy of the operation of the county government. On and after July 1, 2021, through June 30, 2024, the provisions of this section shall not apply to projects of any type that receive monies from the Emergency Road and Bridge Repair Fund.
SECTION 23. Section 63-5-33, Mississippi Code of 1972, is amended as follows:
63-5-33. (1) Subject to the limitations imposed on wheel and axle loads by Section 63-5-27, and to the further limitations hereinafter specified, the total combined weight (vehicles plus load) on any group of axles of a vehicle or a combination of vehicles shall not exceed the value given in the following table (Table III) corresponding to the distance in feet between the extreme axles of the group, measured longitudinally to the nearest foot, on those highways or parts of highways designated by the Mississippi Transportation Commission as being capable of carrying the maximum load limits and, in addition thereto, such other highways or parts of highways found by the commission to be suitable to carry the maximum load limits from an engineering standpoint, and so designated as such by order of the commission entered upon its minutes and published once each week for three (3) consecutive weeks in a daily newspaper published in this state and having a general circulation therein. The maximum total combined weight carried on any group of two (2) or more consecutive axles shall be determined by the formula contained in the Federal Weight Law enacted January 4, 1975, as follows: W=500 (LN/N-1+12N+36) where W=maximum weight in pounds carried on any group of two (2) or more axles computed to the nearest five hundred (500) pounds, L=distance in feet between the extremes of any group of two (2) or more consecutive axles, and N=number of axles in any group under consideration.
TABLE III
DISTANCE
IN FEET
BETWEEN THE
EXTREMES OF
ANY GROUP
OF 2 OR MORE
CONSECUTIVE MAXIMUM LOAD IN POUNDS CARRIED ON ANY
AXLES GROUP OF 2 OR MORE CONSECUTIVE AXLES
2 axles 3 axles 4 axles 5 axles 6 axles 7 axles
4 34,000
5 34,000
6 34,000 Axle groups in
7 34,000
8 and
less 34,000 34,000 these spacings
More
than
8 38,000 42,000
9 39,000 42,500
10 40,000 43,500 impractical
11 44,000
12 45,000 50,000
13 45,500 50,500
14 46,500 51,500
15 47,000 52,000
16 48,000 52,500 58,000
17 48,500 53,500 58,500
18 49,500 54,000 59,000
19 50,000 54,500 60,000
20 51,000 55,500 60,500 66,000
21 51,500 56,000 61,000 66,500
22 52,500 56,500 61,500 67,000
23 53,000 57,500 62,500 68,000
24 54,000 58,000 63,000 68,500 74,000
25 54,500 58,500 63,500 69,000 74,500
26 55,500 59,500 64,000 69,500 75,000
27 56,000 60,000 65,000 70,000 75,500
28 57,000 60,500 65,500 71,000 76,500
29 57,500 61,500 66,000 71,500 77,000
30 58,500 62,000 66,500 72,000 77,500
31 59,000 62,500 67,500 72,500 78,000
32 60,000 63,500 68,000 73,000 78,500
33 64,000 68,500 74,000 79,000
34 64,500 69,000 74,500 80,000
35 65,500 70,000 75,000 80,000
36 66,000 70,500 75,500 80,000
37 66,500 71,000 76,000 80,000
38 67,500 71,500 77,000 80,000
39 68,000 72,500 77,500 80,000
40 68,500 73,000 78,000 80,000
41 69,500 73,500 78,500 80,000
42 70,000 74,000 79,000 80,000
43 70,500 75,000 80,000 80,000
44 71,500 75,500 80,000 80,000
45 72,000 76,000 80,000 80,000
46 72,500 76,500 80,000 80,000
47 73,500 77,500 80,000 80,000
48 74,000 78,000 80,000 80,000
49 74,500 78,500 80,000 80,000
50 75,500 79,000 80,000 80,000
51 76,000 80,000 80,000 80,000
52 76,500 80,000 80,000 80,000
53 77,500 80,000 80,000 80,000
54 78,000 80,000 80,000 80,000
55 78,500 80,000 80,000 80,000
56 79,500 80,000 80,000 80,000
57 80,000 80,000 80,000 80,000
(2) Moreover, in addition to the per axle weight limitations specified by Section 63-5-27, two (2) consecutive sets of tandem axles may carry a gross load of thirty-four thousand (34,000) pounds each, providing that the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six (36) feet or more, except that, until September 1, 1989, the axle distance for tank trailers, dump trailers and ocean transport container haulers may be thirty (30) feet or more. Such overall gross weight may not exceed eighty thousand (80,000) pounds, except as provided by this section.
(3) Notwithstanding the
provisions of Section 63-5-27 and/or Section 63-5-29 to the contrary, vehicles
hauling products in the manner set forth in this subsection, whether or not
such vehicles are operating with a harvest permit, shall be allowed a gross
weight of not to exceed forty thousand (40,000) pounds on any tandem. Vehicles
operating without a harvest permit shall be allowed a tolerance not to exceed
five percent (5%) above their authorized gross vehicle weight, tandem or axle
weight; except that the maximum gross vehicle weight of any such vehicle shall
not exceed eighty thousand (80,000) pounds plus a tolerance thereon of not more
than two percent (2%). Vehicles operating without a harvest permit loading at
a point of origin having scales available for weighing the vehicle shall not be
eligible for any tolerance over the gross weight limit of eighty thousand
(80,000) pounds. Vehicles operating with a harvest permit shall be allowed a
tolerance not to exceed ten percent (10%) above their authorized tandem or axle
weight, but the maximum gross vehicle weight of any such vehicle shall not
exceed * * * eighty-eight thousand (88,000) pounds.
However, neither the increased weights in this subsection nor any tolerance shall
be allowed on federal interstate highways or on other highways where a
tolerance is specifically prohibited by the Transportation Commission, the
county board of supervisors or the municipal governing authorities as provided
for in Section 63-5-27. The tolerance allowed by this subsection shall only
apply to the operation of vehicles from the point of loading to the point of
unloading for processing, and to the operation of vehicles hauling sand,
gravel, woodchips, wood shavings, sawdust, fill dirt, and agricultural
products, and products for recycling or materials for the construction or
repair of highways. The range of such operation shall not exceed a radius of
one hundred (100) miles except where the products are being transported for
processing within this state.
(4) Notwithstanding the provisions of Section 63-5-27 and/or Section 63-5-29 to the contrary, vehicles hauling prepackaged products, unloaded at a state port or to be loaded at a state port, which are containerized in such a manner as to make subdivision thereof impractical shall be allowed a gross weight of not to exceed forty thousand (40,000) pounds on any tandem, and a tolerance not to exceed ten percent (10%) above their authorized gross weight, tandem or axle weight; except that the maximum weight of any vehicle shall not exceed eighty thousand (80,000) pounds plus a tolerance thereon of not more than two percent (2%); however, neither the increased weights in this subsection nor any tolerance shall be allowed on federal interstate highways or on other highways where a tolerance is specifically prohibited by the Transportation Commission, the county board of supervisors or the municipal governing authorities as provided for in Section 63-5-27.
(5) (a) Vehicles for which
a harvest permit has been issued pursuant to Section 27-19-81(4) shall be
allowed a gross vehicle weight not to exceed * * * eighty-eight
thousand (88,000) pounds. However, the board of supervisors of any county
and the governing authorities of any municipality may designate the roads,
streets and highways under their respective jurisdiction on and along which
vehicles for which a harvest permit has been issued may travel. This
subsection shall not apply to the federal interstate system.
(b) Any owner or operator who has been issued a harvest permit and who wishes to operate a vehicle on the roads, streets or highways under the jurisdiction of a county or municipality at a gross vehicle weight greater than the weight allowed by law or greater than the maximum weight established for such roads, streets or highways by the board of supervisors or municipal governing authorities, shall notify, in writing, the board of supervisors or the governing authorities, as the case may be, before operating such vehicle on the roads, streets or highways of such county or municipality. In his notice, the permit holder shall identify the routes over which he intends to operate vehicles for which the permit has been issued and the dates or time period during which he will be operating such vehicles. The board of supervisors or the governing authorities, as the case may be, shall have two (2) working days to respond in writing to the permit holder to notify the permit holder of the routes on and along which the permit holder may operate vehicles for which a harvest permit has been issued. Failure of the board of supervisors or the governing authorities timely to notify the permit holder and to designate the routes on and along which the permit holder may operate shall be considered as authorizing the permit holder to operate on any of the roads, streets or highways of the county or municipality in accordance with the authority granted to the permit holder by the harvest permit.
(c) Any time a timber deed is filed with the chancery clerk, the grantee, at that time, may make a written request of the board of supervisors of the county or the governing authorities of the municipality, as the case may be, for the purpose of providing to the grantee, within three (3) working days of the filing of the request, a designated and approved route over the roads, streets or highways under the jurisdiction of the county or city, as the case may be, that the grantee may travel for the purpose of transporting harvested timber. Upon providing such route designation, the county or city, as the case may be, shall also provide to the grantee a map designating the approved route. An approved route designation provided to a grantee under the provisions of this paragraph shall be valid for a period of six (6) months from its date of issue. The permit authorized to be issued under paragraph (b) of this subsection shall not be required for any person who obtains a permit issued under this paragraph.
(d) This subsection (5) shall stand repealed from and after July 1, 2022.
(6) Nothing in this section or subsections (1) through (4) of Section 63-5-27 shall be construed to deny the operation of any vehicle or combination of vehicles that could be lawfully operated upon the interstate highway system of this state on January 4, 1975.
(7) (a) Notwithstanding any provisions of Section 63-5-27 to the contrary, a vehicle that is operated by an engine fueled primarily by compressed or liquefied natural gas may exceed the gross vehicle weight limits by an amount, not to exceed a maximum of two thousand (2,000) pounds, that is equal to the difference between the weight of the vehicle attributable to the natural gas tank and fueling system carried by the vehicle and the weight of a comparable diesel tank and fueling system.
(b) The weight exception provided in this subsection shall apply to all interstate highways per the exemption expressly permitted by 23 USC Section 127.
SECTION 24. Section 65-1-46, Mississippi Code of 1972, is amended as follows:
65-1-46. (1) There is created an Appeals Board of the Mississippi Transportation Commission. If any person feels aggrieved by a penalty for excess weight assessed against him by an agent or employee of the Mississippi Department of Transportation pursuant to Section 27-19-89, he may apply to the appeals board.
(2) The members serving on the appeals board on April 7, 1995, shall continue to serve until July 1, 1995. On July 1, 1995, the appeals board shall be reconstituted to be composed of five (5) qualified people. The initial appointments to the reconstituted board shall be made no later than June 30, 1995, for terms to begin July 1, 1995, as follows: One (1) member shall be appointed by the Governor for a term ending on June 30, 1996, one (1) member shall be appointed by the Lieutenant Governor for a term ending on June 30, 1997, one (1) member shall be appointed by the Attorney General for a term ending on June 30, 1998, one (1) member shall be appointed by the Chairman of the State Tax Commission for a term ending on June 30, 1999, and one (1) member shall be appointed by the Executive Director of the Mississippi Department of Transportation for a term ending on June 30, 2000. After the expiration of the initial terms of the members of the reconstituted board, all subsequent appointments shall be made for terms of four (4) years from the expiration date of the previous term. Any member serving on the appeals board before July 1, 1995, may be reappointed to the reconstituted appeals board. Appointments to the board shall be with the advice and consent of the Senate; however, the advice and consent of the Senate shall not be required for the appointment of a person to the reconstituted appeals board for a term beginning on July 1, 1995, if such person was serving as a member of the appeals board on June 30, 1995, and such person received the advice and consent of the Senate for that appointment.
(3) There shall be a chairman and vice chairman of the board who shall be elected by and from the membership of the board. Any member who fails to attend three (3) consecutive regular meetings of the board shall be subject to removal by a majority vote of the board. A majority of the members of the board shall constitute a quorum. The chairman, or a majority of the members of the board, may call meetings as may be required for the proper discharge of the board's duties. Members of the board, except a member who is an officer or employee of the Mississippi Department of Transportation, shall receive per diem in the amount authorized by Section 25-3-69, for each day spent in the actual discharge of their duties and shall be reimbursed for mileage and actual expenses incurred in the performance of their duties in accordance with the provisions of Section 25-3-41.
Application shall be made by
petition in writing, within thirty (30) days after assessment of the penalty,
for a hearing and a review of the amount of the assessment. At the hearing the
appeals board shall try the issues presented according to the law and the facts
and within guidelines set by the Transportation Commission. Upon due
consideration of all the facts relating to the assessment of the penalty, the
appeals board, except as otherwise provided under this section or under Section
27-19-89, may require payment of the full amount of the assessment, may reduce
the amount of the assessment or may dismiss imposition of the penalty
entirely. The appeals board shall dismiss in its entirety the imposition of
any penalty imposed against the holder of a harvest permit if the permittee
proves to the appeals board, by clear and convincing evidence, that the average
load transported by the permittee during the permittee's last five (5) haul
days immediately preceding the day upon which the penalty appealed from was
assessed did not exceed eighty thousand (80,000) pounds. The appeals board
shall reduce the penalty assessed against the holder of a harvest permit to a
maximum of Two Cents (2¢) per pound of overweight if the permittee proves to
the appeals board, by clear and convincing evidence, that the average load
transported by the permittee during the permittee's last five (5) haul days
immediately preceding the day upon which the penalty appealed from was assessed
exceeded seventy-nine thousand nine hundred ninety-nine (79,999) pounds but did
not exceed * * * eighty-eight thousand (88,000) pounds. The
board shall make such orders in the matter as appear to it just and lawful and
shall furnish copies thereof to the petitioner. If the appeals board orders
the payment of the penalty, the petitioner shall pay the penalty, damages and
interest, if any, within ten (10) days after the order is issued unless there
is an application for appeal from the decision of the board as provided in the
succeeding paragraph. Interest shall accrue on the penalty at the rate of one
percent (1%) per month, or part of a month, beginning immediately after the
expiration of the ten-day period.
If any person feels aggrieved by the decision of the appeals board, he may appeal the decision to the Chancery Court of the First Judicial District of Hinds County.
SECTION 25. Section 2 of this act shall be codified in Title 77, Chapter 7, Mississippi Code of 1972.
SECTION 26. Not later than June 30, 2021, the Commissioner of Public Safety shall establish an alternative state identification card that shall operate in every respect like the state identification cards issued under Section 45-35-7, except that this card shall not require proof of domicile for the purpose of making a state identification card available for persons who do not have a domicile to list.
SECTION 27. Sections 1 through 23, and Section 27, of this act shall take effect and be in force from and after July 1, 2021, and shall stand repealed on June 29, 2021. Sections 24 and 25 of this act shall take effect and be in force from and after July 1, 2023, and shall stand repealed on June 29, 2023. Section 26 of this act shall take effect and be in force from and after its passage.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO CREATE THE MISSISSIPPI TRANSPORTATION INFRASTRUCTURE INVESTMENT ACT OF 2021; TO TRANSFER, ON JULY 1, 2021, LAW ENFORCEMENT PERSONNEL AND LAW ENFORCEMENT DUTIES OF THE MISSISSIPPI TRANSPORTATION COMMISSION AND MISSISSIPPI DEPARTMENT OF TRANSPORTATION RELATED TO THE MOTOR CARRIER REGULATORY LAW OF 1938 TO THE COMMERCIAL TRANSPORTATION ENFORCEMENT DIVISION WITHIN THE DEPARTMENT OF PUBLIC SAFETY; TO CREATE THE DPS MOTOR CARRIER ENFORCEMENT FUND AS A SPECIAL FUND IN THE STATE TREASURY TO DEFRAY EXPENSES FOR OFFICERS' SALARIES AND OTHER COSTS TO IMPLEMENT AND ENFORCE THIS ACT; TO AMEND SECTIONS 77-7-7, 77-7-11, 77-7-13, 77-7-15, 77-7-16, 77-7-17, 77-7-21, 77-7-127, 77-7-311, 77-7-331, 77-7-333, 77-7-335, 77-7-337, 77-7-339, 77-7-341 AND 45-3-21, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 27-19-89, MISSISSIPPI CODE OF 1972, TO ADJUST THE PENALTIES FOR HARVEST PERMIT HOLDERS FOR WEIGHT LIMIT VIOLATIONS; TO PROVIDE THAT THE FINE FOR EXCEEDING A GROSS VEHICLE WEIGHT OF 95,000 POUNDS, BUT NOT EXCEEDING A GROSS VEHICLE WEIGHT OF 100,000 POUNDS, SHALL BE $1,500.00; TO PROVIDE THAT THE FINE FOR EXCEEDING A GROSS VEHICLE WEIGHT OF 100,000 POUNDS SHALL BE $2,500.00 FOR A FIRST OFFENSE AND $3,500.00 FOR A SECOND OFFENSE; TO PROVIDE THAT ANY SUBSEQUENT OFFENSE OF EXCEEDING A GROSS VEHICLE WEIGHT OF 100,000 POUNDS MAY SUBJECT THE PERMIT HOLDER TO SUSPENSION OF THE HARVEST PERMIT FOR UP TO 30 DAYS; TO CONFORM TO AN INCREASE IN THE WEIGHT LIMIT FOR HARVEST PERMITS, BEGINNING JULY 1, 2023, FROM 84,000 POUNDS TO 88,000 POUNDS; TO AMEND SECTION 65-1-179, MISSISSIPPI CODE OF 1972, TO SPECIFY THAT MONIES IN THE EMERGENCY ROAD AND BRIDGE REPAIR FUND SHALL BE USED TO PROVIDE FUNDING, IN EQUAL PORTIONS, FOR THE REPAIR, RECONSTRUCTION AND MAINTENANCE OF STATE, COUNTY AND MUNICIPAL ROADS, STREETS AND HIGHWAYS, AND FOR THE REHABILITATION AND REPLACEMENT OF STATE, COUNTY AND MUNICIPAL BRIDGES; TO PROVIDE A THREE-YEAR REVERTER FOR THE AMENDMENTS TO THIS SECTION; TO AMEND SECTION 19-11-27, MISSISSIPPI CODE OF 1972, TO EXEMPT, FROM JULY 1, 2021, THROUGH JUNE 30, 2024, PROJECTS RECEIVING MONIES FROM THE EMERGENCY ROAD AND BRIDGE REPAIR FUND FROM LIMITATIONS ON CERTAIN EXPENDITURES FOR THE LAST YEAR OF THE TERM OF A COUNTY BOARD OF SUPERVISORS; TO AMEND SECTIONS 63-5-33 AND 65-1-46, MISSISSIPPI CODE OF 1972, TO INCREASE THE WEIGHT LIMIT FOR HARVEST PERMITS, BEGINNING JULY 1, 2023, FROM 84,000 POUNDS TO 88,000 POUNDS; TO CREATE A NEW SECTION OF LAW TO REQUIRE THE COMMISSIONER OF PUBLIC SAFETY TO ESTABLISH AN ALTERNATIVE STATE IDENTIFICATION CARD THAT DOES NOT REQUIRE PROOF OF DOMICILE, FOR THE PURPOSE OF MAKING A STATE IDENTIFICATION CARD AVAILABLE FOR PERSONS WHO DO NOT HAVE A DOMICILE TO LIST; AND FOR RELATED PURPOSES.
HR26\SB2825A.J
Andrew Ketchings
Clerk of the House of Representatives