MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Highways and Transportation

By: Senator(s) Dearing

AN ACT TO CREATE A NEW CODE SECTION TO BE CODIFIED AS SECTION 43-39-12, MISSISSIPPI CODE OF 1972, TO PROHIBIT RELOCATION ASSISTANCE TO ILLEGAL ALIENS UNDER THE RELOCATION ASSISTANCE LAW EXCEPT IN EXTREMELY UNUSUAL HARDSHIP CIRCUMSTANCES; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 43-39-12, Mississippi Code of 1972:

43-39-12. (1) Except as provided in subsection (2) of this section, a displaced person shall not be eligible to receive relocation payments or any other assistance under this chapter if the displaced person is an alien not lawfully present in the United States.

(2) If a displacing agency determines by clear and convincing evidence that a determination of the ineligibility of a displaced person under subsection (1) of this section would result in exceptional and extremely unusual hardship to an individual who is the displaced person's spouse, parent, or child and who is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States, the displacing agency shall provide relocation payments and other assistance to the displaced person under this chapter if the displaced person would be eligible for the assistance but for subsection (1) of this section.

(3) The Mississippi Transportation Commission shall adopt such rules and regulations as may be necessary to carry out the provisions of this section and in order to comply with federal law.

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