MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Transportation

By: Representatives Green (34th), Miles

AN ACT TO AMEND SECTIONS 65-11-5, 65-11-9 AND 65-11-11, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR AN APPORTIONMENT OF FEDERAL ROAD FUNDS TO COUNTIES BY THE MISSISSIPPI TRANSPORTATION COMMISSION FROM FUNDS RECEIVED UNDER THE SURFACE TRANSPORTATION PROGRAM OF THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 AND TO ALLOCATE SUCH FUNDS AMONG COUNTIES ACCORDING TO THE STATE AID ROAD FORMULA; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 65-11-5, Mississippi Code of 1972, is amended as follows:

65-11-5. It being recognized that county highways generally have deteriorated to a considerable extent during the past several years, and it being further recognized that the selection, construction and improvement of a system of all-weather rural secondary, feeder or farm-to-market roads is a matter of primary statewide concern, it is hereby declared to be the purpose of Sections 65-11-1 through 65-11-37 to provide for a more comprehensive rural-road program through cooperation between the federal government, the Mississippi Transportation Commission, and the county boards of supervisors; and it is further the purpose and intent of such sections to provide the means, manner and funds whereby the counties of this state will be enabled to participate in the federal aid program, and will be enabled to participate in and avail themselves of the funds apportioned to the State of Mississippi for the construction and improvement of secondary and feeder roads, including farm-to-market roads, rural mail routes and public school bus routes, under the terms of the Federal Aid Highway Act of 1944 [58 U.S. Stat. 838, Ch. 626]. It is hereby declared to be the intent and purpose of the cited sections that, insofar as permissible under federal laws, rules and regulations, not less than fifty percent (50%) of the funds apportioned to Mississippi for the Surface Transportation Program that may be obligated in any area of the state under the terms of Section 1007 of Public Law 102-240 (the Intermodal Surface Transportation Efficiency Act of 1991) should be expended for the construction and improvement of county highways as defined in such sections.

SECTION 2. Section 65-11-9, Mississippi Code of 1972, is amended as follows:

65-11-9. The Mississippi Transportation Commission shall determine what proportion of the funds allotted to the State of Mississippi for the Surface Transportation Program, and any area funds, shall be expended upon the improvement of highways on the county federal aid highway system; however, not less than fifty percent (50%) of the thirty-seven and one-half percent (37.5%) so apportioned to Mississippi under that act shall be apportioned for expenditure among the counties for the improvement of roads on the county federal aid highway system; if the amount apportioned by the state to the State Highway Fund to carry out the purposes of Sections 65-11-1 through 65-11-37 should be less than fifty percent (50%) of the amount apportioned to Mississippi for the Surface Transportation Program, then the amount of federal funds apportioned to the counties for the improvement of roads on the county federal aid highway system may be less than fifty percent (50%) of such federal funds, but shall not be less than the amount of such state appropriation.

SECTION 3. Section 65-11-11, Mississippi Code of 1972, is amended as follows:

65-11-11. The amount of federal funds made available to the State of Mississippi for secondary and feeder roads under Public Law 102-240, the Intermodal Surface Transportation Efficiency Act of 1991, which is allotted to the counties as provided in Section 65-11-9, shall be apportioned among the counties of this state by the Mississippi Transportation Commission in accordance with the formula established in Section 27-65-75(4)(a), (b) and (c). The amount of federal funds so apportioned to each county shall be matched by state funds apportioned to the State Highway Fund to carry out the purposes of Sections 65-11-1 through 65-11-37 as hereinafter provided; in the event the amount so appropriated for such State Highway Fund is insufficient to entirely match the federal funds allotted to county highways, then the amount of such fund shall be apportioned among the counties in the same manner as herein provided. "Rural population" and "rural delivery" routes as used in this section shall have the same meaning ascribed to them in the Federal Aid Highway Act of 1944 (58 U.S. Stat. 838, Ch. 626).

SECTION 4. This act shall take effect and be in force from and after July 1, 1999.