MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Highways and Transportation

By: Senator(s) Dearing

AN ACT TO AMEND SECTION 65-1-136, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE MISSISSIPPI TRANSPORTATION COMMISSION TO CONTRACT WITH PRIVATE SECURITY FIRMS TO PROVIDE SECURITY FOR CERTAIN BUILDINGS, PROPERTY OR FACILITIES IN WHICH A WELCOME CENTER OR HOSPITALITY STATION HAS BEEN ESTABLISHED BY THE MISSISSIPPI DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT; 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; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 65-1-136, Mississippi Code of 1972, is amended as follows:

65-1-136. (1) In addition to employing security officers as full-time employees of the Mississippi Department of Transportation as authorized under subsection (1) of Section 65-1-131, the Mississippi Transportation Commission may contract with any private security firm or business authorized to do business in this state for the purpose of providing security for buildings, property or facilities owned by or under the jurisdiction of the Transportation Commission or the Transportation Department, or for buildings, property or facilities located on a trunkline highway at or near a point of entry into this state in which a welcome center or hospitality station has been established by the Mississippi Department of Economic and Community Development.

(2) A security officer of a security firm or business with which the commission has contracted pursuant to the provisions of this section, while engaged in the performance of his duties, shall carry on his person a badge identifying him as a security officer and an identification card issued by the Transportation Commission. When in uniform, each such security officer shall wear his badge in plain view.

(3) A security officer of a security firm or business with which the commission has contracted pursuant to the provisions of this section shall have only such powers of arrest as may be exercised by a private citizen of this state and only such right to bear firearms or weapons while engaged in the performance of his duties as authorized under Section 97-37-7.

SECTION 2 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 Rails-to-trails Recreational 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 3. This act shall take effect and be in force from and after its passage.