MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Highways and Transportation

By: Senator(s) Thames

AN ACT TO AUTHORIZE THE TRANSPORTATION COMMISSION TO ENTER INTO A WRITTEN CONTRACT WITH A NON-GOVERNMENTAL ENTITY TO MANUFACTURE, INSTALL AND MAINTAIN TOURIST-ORIENTED ACTIVITY SIGNS ON RURAL ROADS; TO AUTHORIZE THE COMMISSION TO IMPOSE A REASONABLE FEE FOR EACH TOURIST-ORIENTED DIRECTIONAL SIGN; TO AUTHORIZE THE COMMISSION TO ADOPT AND PROMULGATE RULES AND REGULATIONS NECESSARY TO CARRY OUT THE REQUIREMENTS OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) As used in this act, unless the context requires otherwise:

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

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

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

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

(ii) Not visible from the rural road; and

(iii) No other outdoor advertising signs.

(d) "Rural road" means a road that is all of the following:

(i) Not within corporate limits; and

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

(e) "Tourist-oriented activity" means a lawful cultural, historical, recreational, educational or commercial (excluding fuel and food) activity for which a major portion of the activities income or visitors are derived during the normal business season from motorist not residing in the immediate area (25-mile radius) of the activity.

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

(2) The Mississippi Transportation Commission is authorized and empowered to enter into a written contract with a non-governmental entity (contractor) to manufacture, install and maintain tourist-oriented activity signs on rural roads. The non-governmental entity shall be selected by the commission through the competitive selection process. The written contract shall not prohibit the non-governmental entity from making a reasonable profit, which shall be determined by the commission.

(3) The commission may impose a reasonable fee for each tourist-oriented directional sign to reimburse the department for anticipated costs in implementing and administering this activity. Funds derived from this fee shall be deposited into the Department of Transportation Special Fund.

(4) The non-governmental entity (contractor) may impose a reasonable fee for each tourist-oriented directional sign to reimburse the non-governmental entity for anticipated cost, including a reasonable profit, associated with manufacturing, installing, maintaining and administering this activity. All fees imposed by the non-governmental entity (contractor) shall be approved by the commission.

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

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

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

(8) No state funds shall be used for the manufacturing, installation, maintenance and administration of this activity.

SECTION 2. This act shall take effect and be in force from and after its passage.