House Bill NO. 1196

By Senator(s) Committee

SECTION 1. (1) The Mississippi Department of Transportation shall construct to department design standards, shall perform such reconstruction as may be required to existing highways and shall acquire by gift, purchase or eminent domain proceedings such property as may be necessary to provide four (4) lanes for traffic on and along the following location:

Central District - Lauderdale County:

Highway 45.

(2) The mileage of highway specifically designated in subsection (1) of this section shall be under the jurisdiction of the Mississippi Transportation Commission for construction and maintenance and, together with the highways designated in Sections 65-3-3 and 65-3-5, and all other laws adding links to the state designated highway system, are declared to be the state highway system of Mississippi.

(3) The Mississippi Department of Transportation shall construct and maintain appropriate exits in Leake County from Mississippi 25 to the frontage road, which is Old Mississippi 25, located east of the bridge on Mississippi 25 crossing Mississippi 35. Further, the Mississippi Department of Transportation shall clearly identify these exits by erecting the proper signs showing where the exits will take a motorist. This construction shall be done as soon as possible.

SECTION 2. The Mississippi Department of Transportation shall implement a study of the feasibility of constructing a four-lane, east/west corridor in Harrison County from the Jackson County line to the Harrison County line.

SECTION 3. (1) The Mississippi Department of Transportation shall construct, reconstruct, straighten and realign the following highway, which highway is designated as a state highway and is placed under the jurisdiction of the Mississippi Transportation Commission for construction and maintenance; and such highway, together with the highways designated in Sections 65-3-3 and 65-3-5, Mississippi Code of 1972, and all other laws adding links to the designated state highway system, are declared to be the state highway system of Mississippi:

Northern District - Panola County:

(2) The mileage of highway specifically designated in subsection (1) of this section is in addition to the total mileage limitation of eight thousand six hundred (8,600) miles that is set out in Section 65-3-3, Mississippi Code of 1972.

SECTION 4. (1) The mileage of highway specifically designated in subsection (2) of this section is in addition to the total mileage limitation of eight thousand six hundred (8,600) miles that is set out in Section 65-3-3, Mississippi Code of 1972.

(2) The following highway route is designated as a state highway and is placed under the jurisdiction of the Mississippi Transportation Commission for construction and maintenance; and such highway, together with the highways designated in Sections 65-3-3 and 65-3-5, Mississippi Code of 1972, and all other laws adding links to the designated state highway system, are declared to be the state highway system of Mississippi:

Northern District - Kemper County

That portion of Old Highway 463 from Mississippi

Highway 16 northerly to Mississippi Highway 397.

SECTION 5. The Mississippi Transportation Commission may maintain, construct, take over and assume jurisdiction of the highway designated in Section 4 of this act in the same manner and upon the same terms and conditions as set out in Sections 65-1-75, 65-3-3, 65-9-1 and 65-9-3, Mississippi Code of 1972.

SECTION 6. The Mississippi Department of Transportation shall perform preliminary engineering, acquire necessary right-of-way and construct or reconstruct and maintain as a four-lane highway the following segment of highway:

Northern District-Lafayette County:

Mississippi 7 beginning at its intersection with

Mississippi 6 and extending southerly to its

intersection with Mississippi 9 West.

SECTION 7. (1) The mileage of road specifically designated in subsection (2) of this section is in addition to the total mileage limitation of eight thousand six hundred (8,600) miles that is set out in Section 65-3-3.

(2) The following road is designated as a state highway and is placed under the jurisdiction of the Mississippi Transportation Commission for construction and maintenance; and such highway, together with the highways designated in Sections 65-3-3 and 65-3-5, and all other laws adding links to the designated state highway system, are declared to be the state highway system of Mississippi:

Northern District - Chickasaw County:

Old Highway 389 from the point where it intersects

Mississippi Highway 15 south of the City of Houston,

thence northerly through the City of Houston to the

point at which Old Highway 389 meets Mississippi

Highway 15 north of the City of Houston.

(3) The Mississippi Transportation Commission shall maintain, construct, take over and assume jurisdiction of the highway designated in subsection (2) of this section in the same manner and upon the same terms and conditions as set out in Sections 65-1-75, 65-3-3, 65-9-1 and 65-9-3.

SECTION 8. The Mississippi Department of Transportation shall construct and maintain an interchange on U.S. Highway 45 at Meridian between State Highway 19 and Causeyville Road.

SECTION 9. Section 65-3-97, Mississippi Code of 1972, is amended as follows:

65-3-97. (1) In addition to and including all other highways designated as a part of the state highway system, there is hereby designated as a part thereof a four-lane highway system to connect various areas of the state with interstate and primary highways. The Mississippi Department of Transportation shall construct and reconstruct four-lane highways, that is, not less than two (2) lanes for traffic flowing in each direction, along the routes designated in this section.

(2) In the construction and reconstruction of the four-lane highway system designated in this section, the Mississippi Department of Transportation may utilize the roadway of any existing highway under its jurisdiction and control and shall do so when such utilization is feasible, provided that such highways which are utilized shall be constructed to current standards for such roadways. When it is not feasible to utilize existing designated highways, the Transportation Department shall relocate such highways and construct entirely new facilities whether in urban or rural areas.

(3) Construction of the four-lane highway system designated in this subsection shall commence, proceed and be performed by the Mississippi Department of Transportation strictly in accordance with the following set of priorities established for the letting of contracts on and along various segments thereof:

(a) Of the following group of highway segments not less than fifteen percent (15%) of all contracts necessary to be let for completion of all segments within the group shall be let by June 30, 1988, not less than thirty percent (30%) of such contracts shall be let by June 30, 1989, not less than fifty percent (50%) of such contracts shall be let by June 30, 1990, not less than seventy percent (70%) of such contracts shall be let by June 30, 1991, not less than ninety percent (90%) of such contracts shall be let by June 30, 1992, and one hundred percent (100%) of such contracts shall be let by June 30, 1993:

(i) Highway segments along or near U.S. 45 beginning at the Clarke/Lauderdale county line and extending northerly to I-59; then beginning at Macon and extending northerly to Brooksville; then beginning at Columbus Air Force Base and extending northerly to Aberdeen; then beginning at U.S. 278 and extending northerly to Shannon; then beginning at Saltillo and extending northerly to Corinth.

(ii) Highway segments along or near U.S. 45A beginning at U.S. 82 and extending northerly to West Point; then beginning four (4) miles south of Okolona and extending northerly to Shannon.

(iii) A highway segment along or near U.S. 49W beginning at U.S. 49 and extending westerly through Yazoo City to the Yazoo River.

(iv) A highway segment along or near U.S. 49W beginning at Inverness and extending northerly to Indianola.

(v) A highway segment along or near U.S. 61 beginning at Port Gibson and extending northerly to the four-lane south of Vicksburg.

(vi) Highway segments along or near U.S. 72 beginning at or near Mt. Pleasant and extending southeasterly to Mississippi 5; then beginning at Walnut and extending southeasterly to Corinth; then beginning at Strickland and extending southeasterly to Burnsville.

(vii) Highway segments along or near U.S. 78 beginning at Holly Springs and extending southeasterly to the New Albany bypass; then beginning at Mississippi 25 and extending southeasterly to Tremont.

(viii) Highway segments along or near U.S. 82 beginning at I-55 and extending easterly to Kilmichael; then beginning at Eupora and extending easterly to Mathiston; then beginning at Mississippi 12 and extending easterly to the Alabama state line.

(ix) A highway segment along or near U.S. 84 beginning at I-59 and extending easterly to the Jones/Wayne county line.

(x) Highway segments along or near U.S. 98 beginning at Columbia and extending easterly to the Marion/Lamar county line; then beginning at U.S. 49 and extending southeasterly to the Alabama state line.

(b) Of the following group of highway segments not less than five percent (5%) of all contracts necessary to be let for completion of all segments within the group shall be let by June 30, 1991, not less than ten percent (10%) of such contracts shall be let by June 30, 1992, not less than twenty-five percent (25%) of such contracts shall be let by June 30, 1993, not less than forty percent (40%) of such contracts shall be let by June 30, 1994, not less than fifty-five percent (55%) of such contracts shall be let by June 30, 1995, not less than seventy percent (70%) of such contracts shall be let by June 30, 1996, not less than eighty-five percent (85%) of such contracts shall be let by June 30, 1997, and one hundred percent (100%) of such contracts shall be let by June 30, 1998:

(i) Highway segments along or near Mississippi 25 beginning at Mississippi 471 and extending northeasterly to Mississippi 43; then beginning at the Winston/Oktibbeha county line and extending northeasterly to Starkville.

(ii) A highway segment along or near Mississippi 63 beginning at the Jackson/George county line and extending northerly to Lucedale.

(iii) A highway segment along or near Mississippi 302 beginning at I-55 in Southaven and extending easterly to U.S. 72 at or near Mt. Pleasant.

(iv) Highway segments along or near U.S. 45 beginning at the Alabama state line and extending northerly to the Clarke/Lauderdale county line; then beginning at Lauderdale and extending northerly to Macon; then beginning at Aberdeen and extending northerly to U.S. 278.

(v) A highway segment along or near U.S. 45A beginning at West Point and extending northerly to four (4) miles south of Okolona.

(vi) A highway segment beginning at Brooksville along or near U.S. 45 or U.S. 45A and extending northerly to U.S. 82, such segment having been designated by the Transportation Commission pursuant to the provisions of paragraph (1)(c) of this section.

(vii) A highway segment along or near U.S. 49W beginning at the Yazoo River and extending northerly to Inverness.

(viii) Highway segments along or near U.S. 61 beginning at the Louisiana state line and extending northerly to the Wilkinson/Adams county line; then beginning at Washington and extending northerly to Port Gibson; then beginning at Merigold and extending northerly to Shelby; then beginning at the north end of the Clarksdale bypass and extending northerly to the Tennessee state line.

(ix) A highway segment along or near U.S. 72 beginning at Mississippi 5 and extending southeasterly to Walnut.

(x) A highway segment along or near U.S. 78 beginning at Tremont and extending southeasterly to the Alabama state line.

(xi) Highway segments along or near U.S. 82 beginning at the Montgomery/Webster county line and extending easterly to Eupora; then beginning at Mathiston and extending easterly to Starkville.

(xii) Highway segments along or near U.S. 84 beginning at Leesdale and extending easterly to Roxie; then beginning at Auburn Road and extending easterly to I-55; then beginning at the east end of the Brookhaven bypass and extending easterly to Prentiss; then beginning at the Jones/Covington county line and extending easterly to Horse Creek; then beginning at the Jones/Wayne county line and extending easterly to Waynesboro.

(xiii) Highway segments along or near U.S. 98 beginning at the Pike/Walthall county line and extending easterly to Columbia; then beginning at the Marion/Lamar county line and extending easterly to the four-lane west of Hattiesburg.

(c) Of the following group of highway segments not less than ten percent (10%) of all contracts necessary to be let for completion of all segments within the group shall be let by June 30, 1996, not less than twenty percent (20%) of such contracts shall be let by June 30, 1997, not less than forty percent (40%) of such contracts shall be let by June 30, 1998, and one hundred percent (100%) of such contracts shall be let by June 30, 1999:

(i) A highway segment along or near Mississippi 25 beginning at Mississippi 43 and extending northeasterly to the Winston/Oktibbeha county line.

(ii) A highway segment along or near Mississippi 63 beginning at Lucedale and extending northerly to U.S. 45 at State Line.

(iii) A highway segment along or near U.S. 61 beginning at Shelby and extending northerly to U.S. 49.

(iv) A highway segment along or near U.S. 82 beginning at Kilmichael and extending easterly to the Montgomery/Webster county line.

(v) Highway segments along or near U.S. 84 beginning at Eddiceton and extending easterly to Auburn Road; then beginning at Prentiss and extending easterly to Collins; then beginning at Waynesboro and extending easterly to the Alabama state line.

(d) (i) Of the following group of highway segments not less than five percent (5%) of all contracts necessary to be let for completion of all segments within the group shall be let by June 30, 2002, not less than fifteen percent (15%) of such contracts shall be let by June 30, 2003, not less than twenty-five percent (25%) of such contracts shall be let by June 30, 2004, not less than thirty-five percent (35%) of such contracts shall be let by June 30, 2005, not less than forty-five percent (45%) of such contracts shall be let by June 30, 2006, not less than sixty percent (60%) of such contracts shall be let by June 30, 2007, not less than seventy percent (70%) of such contracts shall be let by June 30, 2008, not less than eighty percent (80%) of such contracts shall be let by June 30, 2009, not less than ninety percent (90%) of such contracts shall be let by June 30, 2010, and one hundred percent (100%) of such contracts shall be let by June 30, 2011:

A. A highway segment along or near Mississippi 6 beginning at the Clarksdale bypass and extending easterly to Batesville.

B. A highway segment along or near Mississippi 12 beginning at I-55 and extending easterly to Kosciusko.

C. A highway segment along or near Mississippi 15 beginning at I-10 and extending northerly to Mississippi 26; then beginning at U.S. Highway 98 and extending northerly to the Mississippi/Tennessee state line.

D. A highway segment consisting of two (2) lanes of construction and two (2) lanes of right-of-way acquisition along or near Mississippi 15 beginning at Mississippi 26 and extending northerly to U.S. Highway 98.

E. A highway segment along or near Mississippi 19 beginning at Collinsville and extending northwesterly to Kosciusko.

F. Highway segments along or near Mississippi 25 beginning at Aberdeen and extending northerly to Fulton; then beginning at the Alabama state line and extending northerly to U.S. Highway 72.

G. A highway segment along or near U.S. Highway 61 beginning at Redwood and extending northerly to Leland.

H. A highway segment along or near U.S. Highway 98 beginning at Meadville and extending southeasterly to Summit * * *.

I. A highway segment along or near Mississippi Highway 24/48 beginning at Woodville and extending easterly to McComb * * *.

J. A highway segment along or near Mississippi 35 beginning at the Mississippi/Louisiana state line and extending northerly to or near Foxworth.

K. A highway segment along or near Mississippi 27 beginning at I-20 and extending southeasterly to I-55.

L. A highway segment beginning on U.S. Highway 49 North near Peps Point Road westerly to U.S. Highway 98 West and thence westerly to U.S. Highway 11 South.

(ii) Contracts for the construction and/or reconstruction of highway segments designated within this group shall be let by the Transportation Commission strictly in accordance with the volume capacity of the highway segment. If the volume capacity of a highway segment is less than the volume capacity threshold at which the Transportation Department recommends the construction of a four-lane highway, then the Transportation Department shall make other improvements and highway modifications to such highway segment as needed, such as straightening and realignment of the existing roadway, the addition of passing lanes and the widening of existing lanes, and may acquire any necessary right-of-way for such purposes and for the purpose of future construction of four-lane highways along such segments.

(4) The construction priorities established in this section shall not be construed as prohibiting the completion of highway segments which, on July 1, 1987, are included in the current three-year plan under Section 65-1-141, and for which, on July 1, 1987, grade and drainage has been completed or contracts for grade and drainage have been let.

(5) Contracts may be let and construction may commence and be performed concurrently on any of the highway segments designated in subsection (3) of this section, notwithstanding the priorities established for the letting of contracts on the various segments designated therein, provided that funds are available and, provided that, at all times, the percentages of all contracts required to be let on the segments designated in paragraphs (3)(a), (3)(b), (3)(c) and (3)(d), respectively, are, in fact, let no later than the dates established therein.

(6) (a) All highway construction and reconstruction authorized under this section shall be performed by contract let on competitive bid in the manner provided by statute; however, highway segments shall be constructed in lengths of not less than ten (10) miles.

(b) It is the intent of the Legislature that not less than ten percent (10%) of the amounts authorized to be expended for construction and reconstruction of the four-lane highway segments designated in this section shall be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals. The term "socially and economically disadvantaged individuals" shall have the meaning ascribed to such term under Section 8(d) of the Small Business Act (15 U.S.C.S., Section 637(d)) and relevant subcontracting regulations promulgated pursuant thereto; except that women shall be presumed to be socially and economically disadvantaged individuals for the purposes of this paragraph (b).

(7) (a) Notwithstanding the provisions of subsection (6)(a) of this section, the Mississippi Transportation Commission may construct highway segments of less than ten (10) miles in length if:

(i) The segment as described in subsection (3) of this section is less than ten (10) miles in length;

(ii) The segment will connect two (2) existing four-lane highways;

(iii) The segment will connect an existing four-lane highway with an incorporated municipality;

(iv) The segment will connect an existing four-lane highway with a river, the state boundary or any other natural or man-made barrier;

(v) For a particular project, the costs of constructing a single segment of at least ten (10) miles in length would greatly exceed the aggregate costs of constructing two (2) or more segments; or

(vi) The segment is in an urban area and involves the completion of bypasses or other construction which will facilitate and accommodate major traffic movement.

(b) In any case in which the Transportation Commission authorizes the construction of a highway segment of less than ten (10) miles in length, the commission shall set forth and record in its official minutes explanation and justification therefor based upon one or more of the conditions prescribed in paragraph (7)(a) of this section.

(8) To assist in defraying the costs and expenses for construction, reconstruction and relocation of the four-lane highway system described in this section, the following revenues shall be paid out of such funds made available to the Transportation Commission and the Transportation Department:

(a) From matched federal funds or other federal funds, Thirty-two Million Dollars ($32,000,000.00) for Fiscal Year 1988, Twenty-five Million Dollars ($25,000,000.00) for Fiscal Year 1989, Thirty Million Dollars ($30,000,000.00) for Fiscal Year 1990 and fifty percent (50%) of such federal funds for Fiscal Year 1991 and each fiscal year thereafter; and

(b) Five Million Dollars ($5,000,000.00) from matched federal bridge replacement funds for Fiscal Year 1988 and each fiscal year thereafter when the segments proposed for construction contain bridges that are eligible for replacement under the Federal Aid Bridge Replacement Program.

(9) The Transportation Department shall submit a report to the Legislature by January 10 of each calendar year setting forth the current status of the construction program set forth in this section to include, but not be limited to, the following information:

(a) Specific segments on which engineering is being performed or has been completed;

(b) Specific segments for which right-of-way has been acquired or is being acquired;

(c) Specific segments for which construction contracts have been let;

(d) Specific segments on which construction is in progress;

(e) Specific segments on which construction has been completed;

(f) Projections for completion of the next step on each segment;

(g) Revenue derived for such construction program from each revenue source contained in Chapter 322, Laws, 1987, and in House Bill No. 1302, 1994 Regular Session [Laws, 1994, Ch. 557];

(h) For each fiscal year beginning in 1994, a detailed cash flow projection by source of program activities and an estimate of when the program will encounter a funding shortage due to costs exceeding original projections;

(i) A schedule of all complete and open-to-traffic highway segments and the related total cost of each segment;

(j) A schedule of all highway segments on which all contracts necessary for completion of the segments were not let as of the date required by law;

(k) A complete recap of all program receipts by source, and of all disbursements for the prior fiscal year and cumulative totals since the inception of the program as compared to projections; and

(l) A statement from the Department of Transportation regarding the status of the funding of the program based on agency cost experience and projections for the future.

The report shall be deemed submitted when ten (10) copies are submitted to the Clerk of the House of Representatives and ten (10) copies are submitted to the Secretary of the Senate.

SECTION 10. Section 65-39-1, Mississippi Code of 1972, is amended as follows:

65-39-1. (1) The Mississippi Transportation Commission is authorized, subject to the availability of funds in the Gaming Counties State-Assisted Infrastructure Fund created in Section 65-39-17, to conduct feasibility studies and, pursuant to information gathered in such studies, select routes and locations, perform preliminary engineering, acquire necessary right-of-way and property, construct and/or reconstruct and improve existing or new highways, roads, streets and bridges, including two-lane, four-lane and multi-lane roads (or segments thereof), perform intersection improvements, provide signal retiring, turnbay extensions, additional interchanges and other traffic modifications, within and approaching those counties in this state where legal gaming is being conducted or is authorized. Any highway, road, street or bridge that is authorized to be constructed, reconstructed or improved shall meet design standards established by the Mississippi Department of Transportation, shall be constructed to bear a load limit of at least eighty thousand (80,000) pounds and, upon completion, shall become a part of the state highway system, and thereafter shall be under the jurisdiction of the Mississippi Transportation Commission and the Mississippi Department of Transportation for construction and maintenance.

(2) The projects authorized in subsection (1) of this section shall include, but shall not be limited to, highways, roads, streets and bridges on and along the following locations:

(a) U.S. Highway 90 from its intersection with Mississippi 607 in Hancock County to Ocean Springs, and including Lakeshore Road in Hancock County from its intersection with U.S. Highway 90 to Beach Boulevard;

(b) Mississippi 4 from U.S. Highway 61 to Mississippi 3;

(c) Mississippi 4 from Mississippi 3 to Senatobia;

(d) Lorraine/Cowan Road from U.S. Highway 90 to I-10;

(e) U.S. Highway 49 from U.S. Highway 90 to I-10 in Gulfport;

(f) Mississippi 304 beginning at the Tennessee State Line at or near U.S. 72 and thence running in a southwesterly direction to intersect with U.S. 78 at or near Byhalia and thence running in a westerly direction to intersect I-55 at or near Hernando and thence running in a westerly direction to intersect with U.S. 61 in DeSoto County, with a spur extending southwesterly to or near Robinsonville in Tunica County;

(g) I-10 from Exit 28 to Exit 57;

(h) A new location from the northernmost point on I-110 to U.S. 49;

(i) U.S. Highway 61 from the Tunica County line to the Tennessee state line;

(j) (i) Four-lanes for traffic along Mississippi 16 beginning at its intersection with Mississippi 25 and extending easterly to join the existing four-lane on the west side of Carthage within the corporate boundaries;

(ii) Passing lanes and turn lanes, as needed, along Mississippi 16 beginning at a point on the east side of Carthage within the corporate boundaries where the existing four-lane ends and extending easterly to the Leake/Neshoba County line; and

(iii) Four-lanes for traffic along Mississippi 16 beginning at the Leake/Neshoba County line and extending easterly to not more than ten (10) miles east of Mississippi 15;

(k) Lorraine/Cowan Road Extension from I-10 North to relocated/reconstructed Mississippi 67;

(l) At various locations on and along U.S. Highway 82 and Mississippi 1 in the City of Greenville;

(m) At various locations on and along I-20, U.S. Highway 61 and U.S. Highway 80 in the City of Vicksburg, including a truck route from Harbor Industrial Park to U.S. Highway 61 north and an extension of South Frontage Road with railroad bridge to Interstate Highway 20;

(n) At various locations on and along U.S. Highway 61, U.S. Highway 65 and Washington Street in the City of Natchez;

(o) At various locations on and along U.S. Highway 90 in the City of Pass Christian;

(p) Mississippi 43/603 beginning where the existing four-lane ends north of I-10 and extending northerly to a point approximately one (1) mile north of Kiln where Mississippi 43/603 divides into Mississippi 43 and Mississippi 603;

(q) Mississippi 43 beginning where Mississippi 43 and Mississippi 603 divide and extending northwesterly to or near Picayune;

(r) U.S. 49 from U.S. 61 west to the Mississippi River bridge;

(s) Subject to the conditions prescribed in subsection (3) of this section, a central Harrison County connector from I-10 to U.S. 90 in the vicinity of Canal Road to the Mississippi State Port at Gulfport; * * *

(t) An east Harrison County connector from U.S. 90 to I-10 to be located between the Cowan-Lorraine Road interchange and the I-110 interchange;

(u) U.S. Highway 49 from Clarksdale to Dublin; and

(v) Mississippi 6 from U.S. Highway 61 to the Quitman-Panola County Line.

(3) Authorization for the project described in paragraph (2)(s) of this section is conditioned upon receipt by the Mississippi Transportation Commission of a written commitment by the Department of Economic and Community Development to make available for such project not less than Six Million Dollars ($6,000,000.00).

(4) All planning, construction, reconstruction and performance of the projects authorized under this section, including the letting of contracts, shall commence, proceed and be performed by the Mississippi Transportation Commission and the Mississippi Department of Transportation according to priorities based on volume capacity and traffic congestion in comparative project areas; however, if a project authorized in this section is also included in the four-lane highway program under Section 65-3-97, then all contracts necessary to be let for the completion of the project under this section shall be let not later than the priorities established for the letting of contracts for the project under Section 65-3-97.

(5) (a) Funds for the projects authorized under this section may be provided through the issuance of bonds under Sections 65-39-5 through 65-39-33, through the issuance of notes for such purposes under Section 31-17-127 or from such monies as may be available in the Gaming Counties State-Assisted Infrastructure Fund created under Section 65-39-17.

(b) In addition to the funds provided for under paragraph (a) of this subsection, funds for the project described in subsection (2)(s) of this section also may be provided from any available federal, state, county or municipal funds authorized for such project, including the Economic Development Highway Act.

SECTION 11. Section 65-1-75, Mississippi Code of 1972, is amended as follows:

65-1-75. (1) The Mississippi Transportation Commission is authorized and empowered to have the transportation department locate, construct, reconstruct and maintain any designated state highway under its jurisdiction to, through, across or around any municipality in the state, regardless of the width of the street between curbs; and in so locating it is fully empowered to follow the route of the existing street or to depart therefrom, as in its discretion it deems advisable, and to obtain and pay for the necessary rights-of-way, as provided in Section 65-1-47. The municipality in which such construction is to be undertaken is likewise authorized to acquire rights-of-way on any such streets or on any newly located routes, either by purchase, gift or condemnation. Such rights-of-way may be acquired by either the municipality or the transportation department, subject to the approval of the commission, and the cost thereof may be borne by either or both as may be mutually agreed upon. In any event such municipality may be required to save the commission and department harmless from any claims for damages arising from the construction of the highway through such municipality, including claims for rights-of-way, change of grade line, interference with public structures, and any and all damages so arising. Municipalities may secure additional improvements by payment of the additional cost of same. The commission may require such municipality to cause to be laid all water, sewer, gas or other pipelines or conduits, together with all necessary house or lot connections or services, to the curb line of such road or street to be constructed, and the commission is authorized to refuse to have the department lay such pipelines or conduits beneath such roads or streets until the municipality has laid same or entered into an agreement to reimburse the commission or department for the expense thereby incurred.

(2) All construction of state highways in or through municipalities, where done at the cost and expense of the state, whether heretofore or hereafter, shall be maintained in the same manner and to the same extent as is construction on state highways outside the limits of municipalities to the end that investment of the state in such highway so constructed may be preserved and maintained; and all reasonable rules and regulations with reference to the preservation and maintenance of such highways constructed at state expense, whether within or without municipal limits, may be promulgated by the commission, except that it shall have no power to promulgate police regulations contrary to existing law. On any municipal streets or parts or sections thereof taken over for regular maintenance and maintained by the department as a part of the state highway system, the municipality shall not be liable for negligence occasioned by the maintenance or repair of such streets thus apportioned to and of such width as is maintained by the department. The municipality shall have full control and responsibility beyond the curb lines of any designated highway or street, whether heretofore or hereafter so designated, (except the interstate system) located within its present or future expanded municipal corporate limits, regardless of the ownership of the right-of-way, including but not limited to, the construction and maintenance of sidewalks, grass mowing and drainage systems; however, the department may utilize the right-of-way purchased by the commission without any additional cost or permission.

The municipality shall not allow any encroachments, signs or billboards to be erected or to remain on state-owned rights-of-way on any designated highway within its corporate limits without the consent of the commission. The municipality, at its own expense, shall provide street illumination and shall clean all streets, including storm sewer inlets and catch basins. The commission may enter into an agreement with the municipality or with a private entity to sweep and clean the designated highways within or without the corporate limits. The commission may, at state expense, provide illumination and may clean all interstate highways within the corporate limits of any municipality. The right of the municipality to grant franchises over, beneath and upon such streets is specifically retained, but the municipality shall require every grantee of a franchise to restore, repair and replace to its original condition any portion of any such street damaged or injured by it; however, permission to open the surface of any municipal street maintained by the department must be obtained from both the commission and the municipality concerned before any such opening is made. Each municipality shall retain full police power over its streets, particularly as to regulating and enforcing traffic and parking restrictions on such streets, but any traffic control and parking regulations repugnant to state law shall be null and void. The commission shall have the department erect, control and maintain all highway route markers and directional signs on such streets at state expense. The commission, at state expense, shall have the department install, operate, maintain, control, and have full jurisdiction over, all traffic control devices, including, but not limited to, signals, signs, striping and lane markings on state highway streets in municipalities having a population of twenty thousand (20,000) or less according to the current U.S. census; but municipalities over twenty thousand (20,000) population according to such census shall install, operate, maintain and control such devices at their own expense, subject to approval of the executive director regarding operations, method of installation and type only. Municipalities having a population of five thousand (5,000) or more but less than twenty thousand (20,000) according to the most recent federal census shall only be responsible for electrical operating costs; and all other costs for the installation, operation and maintenance of traffic control devices, including the changing of signal bulbs in traffic signal lights, shall be the responsibility of the transportation department. The commission may purchase at state expense and install traffic control devices in municipalities over twenty thousand (20,000) population and donate them to the municipalities for operation and maintenance whenever it appears to the commission that, in the interest of safety or convenience of the motoring public, any of the devices should be upgraded, replaced or removed. Any revenue from parking meters on any such streets shall be controlled by and belong to the municipality.

(3) The maintenance of all streets within the limits of any municipality in this state, regardless of size, which are presently being regularly maintained, in whole or in part, by the department at state expense as a part or parts of any designated state highway shall be continued. Whenever any state highway runs into or through the corporate limits of any municipality, the municipal street or the street utilized and marked as a part of any such state highway may be a part of the state highway system and may be maintained by the department; however, such route through any municipality shall be selected by the commission by orders spread on its minutes describing all such routes, and such route or routes may be changed or relocated * * * by the commission from time to time, all under the provisions, terms and conditions herein provided * * *.

SECTION 12. This act shall take effect and be in force from and after July 1, 1999, and shall stand repealed from and after July 2, 1999.

AN ACT TO REQUIRE THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION TO CONSTRUCT TO FOUR LANES FOR HIGHWAY TRAFFIC A CERTAIN PORTION OF OLD U.S. HIGHWAY 45 IN THE CITY OF MERIDIAN AND LAUDERDALE COUNTY; TO REQUIRE THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION TO CONSTRUCT AND MAINTAIN EXITS AT CERTAIN POINTS ALONG MISSISSIPPI 25 IN LEAKE COUNTY; TO REQUIRE THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION TO CONDUCT A FEASIBILITY STUDY OF CONSTRUCTING A CERTAIN FOUR-LANE CORRIDOR IN HARRISON COUNTY; TO DIRECT THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION TO CONSTRUCT, RECONSTRUCT, STRAIGHTEN AND REALIGN A CERTAIN SEGMENT OF HIGHWAY IN PANOLA COUNTY, TO DESIGNATE SUCH HIGHWAY SEGMENT AS A PART OF THE STATE HIGHWAY SYSTEM AND TO PLACE SUCH HIGHWAY UNDER THE JURISDICTION OF THE TRANSPORTATION COMMISSION; TO DESIGNATE A CERTAIN ADDITIONAL SECTION OF HIGHWAY IN KEMPER COUNTY AS A PART OF THE STATE HIGHWAY SYSTEM AND TO PLACE IT UNDER THE JURISDICTION OF THE MISSISSIPPI TRANSPORTATION COMMISSION; TO REQUIRE THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION TO CONSTRUCT AS A FOUR-LANE HIGHWAY A CERTAIN PORTION OF HIGHWAY 7; TO DESIGNATE A CERTAIN SECTION OF ROAD IN CHICKASAW COUNTY AS A PART OF THE STATE HIGHWAY SYSTEM AND TO PLACE IT UNDER THE JURISDICTION OF THE MISSISSIPPI TRANSPORTATION COMMISSION; TO DIRECT THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION TO CONSTRUCT AN INTERCHANGE AT A CERTAIN LOCATION ON U.S. HIGHWAY 45 AT MERIDIAN; TO AMEND SECTION 65-3-97, MISSISSIPPI CODE OF 1972, TO REVISE A PROVISION IN THE FOUR-LANE HIGHWAY PROGRAM THAT AUTHORIZES THE CONSTRUCTION OF EITHER A CERTAIN SEGMENT OF MISSISSIPPI HIGHWAY 24/48 IN AMITE AND PIKE COUNTIES OR A CERTAIN SEGMENT OF U.S. HIGHWAY 98 IN AMITE, PIKE AND FRANKLIN COUNTIES, IN ORDER TO INCLUDE BOTH SEGMENTS WITHIN THE FOUR-LANE HIGHWAY PROGRAM UNDER THE SAME CRITERIA AS OTHER SEGMENTS IN PHASE FOUR OF SUCH PROGRAM; TO AMEND SECTION 65-39-1, MISSISSIPPI CODE OF 1972, TO INCLUDE ADDITIONAL SEGMENTS OF HIGHWAY IN COAHOMA COUNTY IN THE GAMING COUNTIES STATE-ASSISTED INFRASTRUCTURE PROGRAM; TO AMEND SECTION 65-1-75, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO CONTINUE TO MAINTAIN PORTIONS OF STATE HIGHWAYS WITHIN MUNICIPALITIES THAT ARE ABANDONED; AND FOR RELATED PURPOSES.