MISSISSIPPI LEGISLATURE

2000 Regular Session

To: County Affairs

By: Representative Malone

AN ACT TO AMEND SECTION 19-2-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A MEMBER OF THE BOARD OF SUPERVISORS IN A COUNTY THAT IS REQUIRED TO OPERATE ON THE COUNTYWIDE SYSTEM OF ROAD ADMINISTRATION IS NOT PROHIBITED FROM INSPECTING, SUPERVISING AND DIRECTING THE PERFORMANCE OF A COUNTY PROJECT OR ENGAGING IN THE OPERATION OR USE OF COUNTY OWNED OR LEASED EQUIPMENT, MACHINERY OR VEHICLES WITHIN HIS SUPERVISOR'S DISTRICT FOR THE PURPOSE OF ACCOMPLISHING A COUNTY PROJECT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 19-2-3, Mississippi Code of 1972, is amended as follows:

19-2-3. (1) Unless otherwise exempted under the provisions of Section 19-2-5, from and after October 1, 1989, each county in the State of Mississippi shall operate on a countywide system of road administration, there shall be no road districts, separate road districts or special road districts in any county, supervisors districts shall not act as road districts, and the construction and maintenance of roads and bridges in each county shall be on a countywide basis so that (a) the distribution and use of all road and bridge funds available to the county or any district thereof, (b) the planning, construction and maintenance of county roads and bridges, (c) the purchase, ownership and use of all road and bridge equipment, materials and supplies, (d) the employment and use of the road and bridge labor force, and (e) the administration of the county road department, shall be on the basis of the needs of the county as a whole, as determined by the board of supervisors, without regard to any district boundaries.

(2) Any references in any statute to a road district, separate road district or special road district, or to a supervisors district acting as a road district, shall, as to any county which is required to operate on a countywide system of road administration, be construed to mean the county as a whole, if such construction is possible within the context of the statute; otherwise, any such reference shall have no force or effect with regard to any such county.

The State Auditor may, pursuant to a request from a board of supervisors in a resolution duly adopted by the board and spread upon its minutes, provide to the requesting board of supervisors his estimates of the cost to the county of implementing and complying with the County Government Reorganization Act of 1988.

(3) Nothing contained in the provisions of the County Government Reorganization Act of 1988 shall be construed to prohibit an individual member of the board of supervisors in a county that is required to operate on the countywide system of road administration from (a) making on-site physical inspections of the quality and performance of work being performed by county employees within his supervisors district; (b) advising, directing and supervising employees of the county in the performance of a project or task within his district; or (c) personally engaging in the operation or use of county owned or leased equipment, machinery or vehicles within his district for the purpose of accomplishing a county project or task.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.