MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Game and Fish; Ways and Means

By: Representative Davis

AN ACT TO CREATE A NEW SECTION TO BE CODIFIED AS SECTION 55-25-6, MISSISSIPPI CODE OF 1972, TO REQUIRE RULES AND REGULATIONS ADOPTED BY COUNTIES THAT HAVE ESTABLISHED A RAILS-TO-TRAILS RECREATIONAL DISTRICT TO BE PUBLISHED; TO PROVIDE THAT SUCH RULES AND REGULATIONS, UPON PUBLICATION, SHALL HAVE THE FORCE AND EFFECT OF LAW; TO PROVIDE THAT VIOLATION OF ANY SUCH RULES AND REGULATIONS SHALL CONSTITUTE A MISDEMEANOR AND TO PROVIDE A PENALTY FOR SUCH VIOLATION; TO PROVIDE THAT RECREATIONAL FACILITIES DEVELOPED AND OPERATED BY THE DISTRICT SHALL CONSTITUTE PUBLIC HIGHWAYS AND THAT APPLICABLE RULES AND REGULATIONS OF THE MISSISSIPPI TRANSPORTATION COMMISSION AND OTHER STATE AGENCIES SHALL BE ENFORCEABLE ON SUCH FACILITIES; TO RESTRICT THE TYPES OF VEHICLES THAT MAY BE OPERATED ON SUCH RECREATIONAL FACILITIES; TO BRING FORWARD SECTIONS 55-25-1, 55-25-3, 55-25-5, 55-25-7, 55-25-9, 55-25-11, 55-25-13 AND 55-25-15, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE ESTABLISHMENT BY COUNTIES AND MUNICIPALITIES OF RAILS-TO-TRAILS RECREATIONAL DISTRICTS; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 55-25-6, Mississippi Code of 1972:

55-25-6. (1) The rules and regulations adopted by the district shall be published once a week for two (2) consecutive weeks in a newspaper qualified to publish legal notices in each county that is a member of the district. When rules and regulations have been adopted by the district in accordance with Section 55-25-5 and have been published as required by this section, such rules and regulations shall have the force and effect of general law, and any violation of such rules and regulations shall constitute a misdemeanor punishable, upon conviction, by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment.

(2) Any recreational facility developed and operated pursuant to this chapter, specifically including Section 55-25-5(f), shall constitute a public highway, and all applicable rules and regulations of the Mississippi Transportation Commission and other state agencies shall be enforceable on such recreational facilities. However, no motor vehicle may be operated or used on such recreational facility except law enforcement vehicles, emergency vehicles, maintenance vehicles or other vehicles authorized by the district.

SECTION 2. Section 55-25-1, Mississippi Code of 1972, is brought forward as follows:

55-25-1. (1) The board of supervisors of one or more counties and the governing authorities of one or more municipalities located within participating counties are hereby authorized to act jointly in the establishment of a Rails-To-Trails Recreational District (hereinafter in this chapter "district") by spreading upon their minutes a resolution establishing such a district. The boundaries of the district shall be defined by a general description in the resolution.

(2) A district shall be established for the purpose of utilizing available railroad rights-of-way as public recreational trails or as interim trails for rail banking as set forth in Section 8(d) of the National Trails Systems Act (16 U.S.C. 1247(d)), and a district may acquire by gift or purchase, title to or any lesser interest in, such available railroad right-of-way.

(3) Districts may by gift or purchase acquire title to, or any lesser interest in, any areas abutting the rights-of-way of acquired railroad rights-of-way which are or may be needed for the construction of trail-user support facilities. Easements and rights-of-way upon, over, under, along or across any land the fee title of which has been acquired by a district for a trail project may be granted by such district so long as the use of the easement or right-of-way does not interfere with the use of the land as a trails project and only after such grant shall have been first approved by the counties and municipalities participating in the district.

(4) A district may accept funds from any source, public or private, for the purpose of acquiring lands and planning, constructing, operating and maintaining trails under the provisions of this chapter. Districts may also execute contractual agreements with the Department of Wildlife, Fisheries and Parks or with any existing water district having jurisdiction in the counties or parts of counties comprising a district by which the department or water district will assume responsibility for the operation and maintenance of a trail developed under this chapter.

SECTION 3. Section 25-55-3, Mississippi Code of 1972, is brought forward as follows:

25-55-3. (1) A district shall be governed by a board of directors who shall be appointed as follows: the governing authorities of each participating county and each participating municipality shall appoint one (1) resident of its jurisdiction as its member of the board. The term of each member shall coincide with that of the appointing official, so that after the initial appointments, terms shall be for a period of four (4) years.

(2) Each director shall, before a chancery clerk, take and subscribe to the general oath of office required by Section 268 of the Constitution of the State of Mississippi, and the oath shall be filed with such clerk and by him preserved.

(3) If compensation is paid to any member of the board of directors, it shall be paid by the district from any funds available. In no event shall such compensation exceed the sum of Twenty-two Dollars and Fifty Cents ($22.50) per day.

SECTION 4. Section 55-25-5, Mississippi Code of 1972, is brought forward as follows:

55-25-5. Any rails-to-trails recreational district, through its board of directors, is hereby empowered:

(a) To establish rules and regulations for the use of the recreational facilities of the district;

(b) To apply for and accept grants from the United States of America, or from any corporation or agency created or designated by the United States of America, and to ratify and accept applications therefor made by voluntary associations to such agencies for grants to construct, maintain or operate any project or projects which hereafter may be undertaken or contemplated by such district;

(c) To do any and all other acts or things necessary, requisite or convenient to the exercising of the powers, rights, privileges or functions conferred upon it by this chapter or by any act of law;

(d) To employ such persons as are necessary to perform the services required of the district;

(e) To enter into agreements and execute contracts necessary or convenient to the exercise of the powers, rights, privileges and functions conferred upon it by this chapter;

(f) To develop, operate, maintain and support a recreational facility for hikers, bikers, horsemen or others on and along railroad rights-of-way acquired for that purpose and for the use and enjoyment of the general public; and

(g) To sue and be sued.

SECTION 5. Section 55-25-7, Mississippi Code of 1972, is brought forward as follows:

55-25-7. The board of supervisors of any county or the governing authorities of any municipality which become a part of a district may levy a tax upon all taxable property in the county or municipality for the support and maintenance of the district in an amount not to exceed one-fourth (1/4) mill. Any county or municipality which desires to remain a part of such district shall levy each year beginning the second year after joining the district a tax for the support and maintenance of the district of not less than one-fourth (1/4) mill or such county or municipality will not remain a part of the district. Should any county or municipality desire to appropriate an equivalent sum from the general fund, or other available funds, the levying of the tax provided herein shall not be mandatory.

Should the board of directors of any such district determine that a tax levy of less than one-fourth (1/4) mill on the property of the counties and municipalities comprising the district would be sufficient to maintain and operate the district for the forthcoming fiscal year, such determination shall, by resolution, be spread upon the minutes of the board and shall recite the amount of tax levy which will suffice. A certified copy of such resolution shall be delivered to the clerks for the board of supervisors of the counties and municipal authorities affected thereby; and, thereafter, the board of supervisors and the governing authorities may for the forthcoming year levy a tax of no less than that declared to be sufficient in such resolution without losing their qualifications as members of the district.

Any tax levy made under the provisions of this section shall be used exclusively for the support and maintenance of the district and shall be made by the board of supervisors and municipal governing authorities at the time and in the manner that other tax levies are made. The revenues provided for in this chapter shall not, under any circumstances, be commingled with other funds of counties or municipalities.

SECTION 6. Section 55-25-9, Mississippi Code of 1972, is brought forward as follows:

55-25-9. The board of supervisors of each county and the governing authorities of each municipality becoming a member of a district shall annually, on or before March 15 of each year beginning with the calendar year in which the district is created, pay or cause to be paid to the depository of the district the total avails from the taxes levied pursuant to Section 55-25-7 for the purpose of supporting the district. Such payment shall be made and continued as long as the district remains in existence, there is need therefor, and the county and municipality remain a part thereof.

Any municipality or county participating in a district may advance funds to the district to pay the preliminary expenses of the district, including reports, organization and administration expenses, on such terms of repayment as the governing body of the county or municipality shall determine.

SECTION 7. Section 55-25-11, Mississippi Code of 1972, is brought forward as follows:

55-25-11. The board of directors of a district is hereby authorized and empowered to accept grants, loans, gifts, bequests or funding from any source, public or private, that the granting agency has authority to provide; but in no circumstances shall the acceptance of any such funding obligate any district to repay a sum in excess of the avails of the tax levies authorized by this chapter.

SECTION 8. Section 55-25-13, Mississippi Code of 1972, is brought forward as follows:

55-25-13. All funds of a district shall be deposited by the board of directors in a bank or banks located within the counties or municipalities creating the district and qualified as a county or state depository.

SECTION 9. This act shall take effect and be in force from and after July 1, 2000.