HB1489 (As Passed the House) - 2001 Regular Session

MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Transportation

By: Representative Compretta, McCoy, Mitchell, Cameron, Eaton, Formby, Jennings, Morris, Perkins, Pierce, Read, Smith (39th), Young, Ellis, Maples

House Bill 1489
(As Passed the House)

AN ACT TO AMEND SECTION 65-1-1, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN DEFINITIONS IN THE CHAPTER OF LAW RELATING TO THE MISSISSIPPI TRANSPORTATION COMMISSION AND THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 65-1-2, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE APPOINTMENT OF A DEPUTY COMMISSIONER OF THE MISSISSIPPI TRANSPORTATION COMMISSION, AND TO PRESCRIBE HIS POWERS, DUTIES AND QUALIFICATIONS; TO AMEND SECTION 65-1-3, MISSISSIPPI CODE OF 1972, TO CREATE THE MISSISSIPPI TRANSPORTATION TRANSITION BOARD AND PROVIDE FOR APPOINTMENT OF ITS FIVE MEMBERS BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE; TO PRESCRIBE THE POWERS AND DUTIES OF THE BOARD AND THE QUALIFICATIONS OF ITS MEMBERS; TO PROVIDE THAT THE BOARD SHALL DISSOLVE ON JANUARY 1, 2004, AND THE MEMBERS OF THE BOARD SHALL SERVE AS THE MISSISSIPPI TRANSPORTATION COMMISSION; TO PROVIDE FOR TERMS OF OFFICE FOR THE INITIAL AND SUBSEQUENT APPOINTEES TO THE TRANSPORTATION COMMISSION; TO PROVIDE THAT THE COMMISSION SHALL CONSIST OF A CHAIRMAN AS DESIGNATED BY THE GOVERNOR AND FOUR ASSOCIATE COMMISSIONERS; TO CREATE AN OFFICE OF VALUE ENGINEERING WITHIN THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION; TO PROVIDE THAT THE TRANSPORTATION COMMISSION SHALL SELECT A DIRECTOR OF THE OFFICE OF VALUE ENGINEERING; TO PRESCRIBE THE POWER, DUTIES AND QUALIFICATIONS OF THE DIRECTOR; TO CREATE AN OFFICE OF MINORITY CONTRACTOR ASSISTANCE WITHIN THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION; TO PROVIDE THAT THE CHAIRMAN OF THE COMMISSION SHALL APPOINT A DIRECTOR OF THE OFFICE; TO PRESCRIBE THE POWERS AND DUTIES OF THE OFFICE AND THE DIRECTOR; TO AMEND SECTION 65-1-8, MISSISSIPPI CODE OF 1972, TO REQUIRE THE MISSISSIPPI TRANSPORTATION COMMISSION TO ESTABLISH BUDGETING FOR HIGHWAY SEGMENTS AND TO REPORT ON ROADBED DETERIORATION PROBLEMS; TO REVISE THE LIST OF SPECIFIC POWERS AND DUTIES PRESCRIBED FOR THE TRANSPORTATION COMMISSION AND THE CHAIRMAN OF THE TRANSPORTATION COMMISSION; TO PROVIDE THAT CONTRACTS BETWEEN THE MISSISSIPPI TRANSPORTATION COMMISSION AND A CONTRACTOR FOR NEW CONSTRUCTION MUST CONTAIN A PROVISION FOR LIQUIDATED DAMAGES FOR EACH DAY THAT THE CONTRACTOR FAILS TIMELY TO COMPLETE THE CONTRACT; TO AUTHORIZE SUCH CONTRACTS TO CONTAIN EXTRA COMPENSATION TO THE CONTRACTOR TO SERVE AS AN INCENTIVE IF THE CONTRACTOR COMPLETES THE CONTRACT EARLY; TO AMEND SECTION 65-1-10, MISSISSIPPI CODE OF 1972, TO REQUIRE THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION TO ENGAGE IN CERTAIN PROJECT PLANNING ACTIVITIES FOR ANY PRELIMINARY ENGINEERING, RIGHT-OF-WAY ACQUISITION OR CONSTRUCTION PROJECT ACTIVITIES OF THE DEPARTMENT; TO REQUIRE THE TRANSPORTATION DEPARTMENT TO COLLECT AND REPORT CERTAIN MANAGEMENT INFORMATION; TO AMEND SECTION 65-1-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE CHAIRMAN OF THE TRANSPORTATION COMMISSION SHALL APPOINT A CHIEF ENGINEER OF THE TRANSPORTATION DEPARTMENT; TO AMEND SECTIONS 65-3-97 AND 65-39-1, MISSISSIPPI CODE OF 1972, TO REVISE THE MANNER IN WHICH HIGHWAY SEGMENTS IN PHASE FOUR OF THE 1987 FOUR-LANE HIGHWAY PROGRAM AND HIGHWAY SEGMENTS IN THE GAMING COUNTIES STATE-ASSISTED INFRASTRUCTURE PROGRAM ARE PRIORITIZED AND TO REVISE THE MANNER IN WHICH AND REASONS FOR WHICH THE MISSISSIPPI TRANSPORTATION COMMISSION MAY AUTHORIZE HIGHWAY SEGMENTS OF LESS THAN 10 MILES IN LENGTH; TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO MAKE REPORTS ON THE CONSTRUCTION AND COMPLETION OF HIGHWAY SEGMENTS AUTHORIZED UNDER THE GAMING COUNTIES STATE-ASSISTED INFRASTRUCTURE PROGRAM; TO AMEND SECTION 65-39-35, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE REPEAL OF CERTAIN FUEL TAX INCREASES TWENTY-FIVE YEARS AFTER THE COMPLETION OF THE LAST SEGMENT IN PHASE FOUR OF THE 1987 FOUR-LANE HIGHWAY PROGRAM; TO AMEND SECTION 75-76-129, MISSISSIPPI CODE OF 1972, TO REMOVE THE DIVERSION OF CERTAIN GAMING FEES TO THE GAMING COUNTIES BOND SINKING FUND AND THE STATE HIGHWAY FUND UPON CERTIFICATION BY THE DEPARTMENT OF TRANSPORTATION THAT THE HIGHWAY SEGMENTS AUTHORIZED IN THE GAMING COUNTIES STATE-ASSISTED INFRASTRUCTURE PROGRAM ARE COMPLETE; TO AMEND SECTION 25-3-33, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE SALARIES OF THE CHAIRMAN OF THE MISSISSIPPI TRANSPORTATION COMMISSION AND ASSOCIATE COMMISSIONERS; TO AMEND SECTIONS 25-3-31, 23-15-193, 23-15-297, 23-15-881, 23-15-883, 23-15-887, 65-1-5 AND 65-1-21, MISSISSIPPI CODE OF 1972, IN CONFORMITY WITH THE PROVISIONS OF THIS ACT; TO REPEAL SECTION 65-1-9, MISSISSIPPI CODE OF 1972, WHICH CREATES THE OFFICE OF EXECUTIVE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION AND PRESCRIBES THE DIRECTOR'S POWERS AND DUTIES; AND FOR RELATED PURPOSES.

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

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

[Until January 1, 2004, this section shall read as follows:]

65-1-1. When used in this chapter and for the purposes of Sections 65-1-1 through 65-1-21, the following words shall have the meanings ascribed herein unless the context otherwise requires:

(a) "Department" means the Mississippi Department of Transportation. Whenever the term "Mississippi State Highway Department," or the word "department" meaning the Mississippi State Highway Department, appears in the laws of the State of Mississippi, it shall mean the "Mississippi Department of Transportation."

(b) "Office" means an administrative subdivision of the department.

(d) "Commission" means the Mississippi Transportation Commission. Whenever the term "Mississippi State Highway Commission," or the word "commission" meaning the Mississippi State Highway Commission, appears in the laws of the State of Mississippi, it shall mean the Mississippi Transportation Commission.

(e) "Executive director" means the chief administrative officer of the department. Whenever the term "director," meaning the Chief Administrative Officer of the State Highway Department, appears in the laws of the State of Mississippi, it shall mean the Executive Director of the Mississippi Department of Transportation.

(f) "Director" means the chief officer of an office.

(g) "Administrator" means the chief officer of a bureau.

(h) "Highway" or "road" includes rights-of-way, bridge and drainage structures, signs, guardrails and other structures made in connection with such highway or road.

(i) "Construction" includes reconstruction.

(j) "Maintenance" means the constant maintenance and repair to preserve a smooth surfaced highway.

(k) "Pave" means to construct with a surface of either high-type or intermediate-type pavement.

[From and after January 1, 2004, this section shall read as follows:]

65-1-1. When used in this chapter and for the purposes of Sections 65-1-1 through 65-1-21, the following words shall have the meanings ascribed herein unless the context otherwise requires:

(b) "Office" means an administrative subdivision of the department.

(e) "Chairman" means the Chairman of the Mississippi Transportation Commission.

(f) "Executive director" means the chairman of the Mississippi Transportation Commission serving as the chief executive officer of the department. Whenever the term "executive director," meaning the chief administrative officer of the Mississippi Department of Transportation, appears in the laws of the State of Mississippi, it shall mean the Chairman of the Mississippi * * * Transportation Commission.

(g) "Director" means the chief officer of an office.

(h) "Administrator" means the chief officer of a bureau.

(i) "Highway" or "road" includes rights-of-way, bridge and drainage structures, signs, guardrails and other structures made in connection with such highway or road.

(j) "Construction" includes reconstruction.

(k) "Maintenance" means the constant maintenance and repair to preserve a smooth surfaced highway.

(l) "Pave" means to construct with a surface of either high-type or intermediate-type pavement.

SECTION 2. Section 65-1-2, Mississippi Code of 1972, is amended as follows:

[Until January 1, 2004, this section shall read as follows:]

65-1-2. (1) There is hereby created the Mississippi Department of Transportation, which shall include the following offices:

(a) Office of Administrative Services.

(b) Office of Highways.

(d) Office of Intermodal Planning.

(e) Office of Enforcement.

(f) Office of Value Engineering.

(g) Office of Minority Contractor Assistance.

(2) Each office shall be composed of such bureaus as deemed necessary by the executive director of the department.

(3) The department is designated as the single state agency to receive and expend any funds made available by the United States Department of Transportation or any agency of the federal government for transportation purposes and to cooperate with federal, state, interstate and local agencies, organizations and persons performing activities relating to transportation. This subsection shall not apply to motor carrier safety assistance program funds made available by the federal government to the Public Service Commission.

(4) The powers, duties and responsibilities of the State Highway Department with respect to the construction and maintenance of the state highway system are transferred to the Mississippi Department of Transportation.

(5) The powers, duties and responsibilities of the Mississippi Development Authority with respect to aeronautics are transferred to the Mississippi Department of Transportation.

(6) The powers, duties and responsibilities of the State Tax Commission with respect to the weighing of motor vehicles along the highways of this state at inspection stations and by means of portable scales are transferred to the Mississippi Department of Transportation.

(7) The powers, duties and responsibilities of the Mississippi Development Authority with respect to transportation matters, except with respect to ports, are transferred to the Mississippi Department of Transportation.

(8) The powers, duties and responsibilities of the State Aid Engineer and the Office of State Aid Road Construction are transferred to the Mississippi Department of Transportation.

(9) All powers, duties and responsibilities of the Public Service Commission with regard to railroads, except rate-making authority, are transferred to the Mississippi Department of Transportation. The Mississippi Transportation Commission may perform any act and issue any rule, regulation or order which the commission is permitted to do by the Federal Railroad Safety Act of 1970 (45 USCS et seq.). A copy of any new rule, regulation or order passed by the Mississippi Transportation Commission shall be furnished to members of the Transportation Committees of the Mississippi House of Representatives and the Mississippi Senate. Individuals, corporations or companies affected by the order, rule or regulation shall be notified in accordance with the Mississippi Administrative Procedures Law.

(10) All records, personnel, property and unexpended balances of appropriations, allocation or other funds of all those agencies, boards, commissions, departments, offices, bureaus and divisions that are transferred by Laws, 1992, Chapter 496 shall be transferred to the Mississippi Department of Transportation. The transfer of segregated or special funds shall be made in such a manner that the relation between program and revenue source as provided by law shall be retained.

* * *

[From and after January 1, 2004, this section shall read as follows:]

65-1-2. (1) There is hereby created the Mississippi Department of Transportation, which shall include the following offices:

(a) Office of Administrative Services.

(b) Office of Highways.

(d) Office of Intermodal Planning.

(e) Office of Enforcement.

(f) Office of Value Engineering.

(g) Office of Minority Contractor Assistance.

(2) The Chairman of the Mississippi Transportation Commission shall appoint a Deputy Commissioner of the Mississippi Transportation Commission who shall serve at the will and pleasure of the chairman. The deputy commissioner shall perform such duties and responsibilities with regard to the operation and management of the Mississippi Department of Transportation as are assigned to him by the chairman. The deputy commissioner shall have the following minimum qualifications:

(a) Be a professional engineer registered with the State Board for Professional Engineers and Land Surveyors;

(b) Possess a wide knowledge of the transportation system and transportation needs of Mississippi;

(d) Possess special training or expertise in the field of transportation.

(3) Each office shall be composed of such bureaus as deemed necessary by the executive director of the department.

(4) The department is designated as the single state agency to receive and expend any funds made available by the United States Department of Transportation or any agency of the federal government for transportation purposes and to cooperate with federal, state, interstate and local agencies, organizations and persons performing activities relating to transportation. This subsection shall not apply to motor carrier safety assistance program funds made available by the federal government to the Public Service Commission.

(5) The powers, duties and responsibilities of the State Highway Department with respect to the construction and maintenance of the state highway system are transferred to the Mississippi Department of Transportation.

(6) The powers, duties and responsibilities of the Mississippi Development Authority with respect to aeronautics are transferred to the Mississippi Department of Transportation.

(7) The powers, duties and responsibilities of the State Tax Commission with respect to the weighing of motor vehicles along the highways of this state at inspection stations and by means of portable scales are transferred to the Mississippi Department of Transportation.

(8) The powers, duties and responsibilities of the Mississippi Development Authority with respect to transportation matters, except with respect to ports, are transferred to the Mississippi Department of Transportation.

(9) The powers, duties and responsibilities of the State Aid Engineer and the Office of State Aid Road Construction are transferred to the Mississippi Department of Transportation.

(10) All powers, duties and responsibilities of the Public Service Commission with regard to railroads, except rate-making authority, are transferred to the Mississippi Department of Transportation. The Mississippi Transportation Commission may perform any act and issue any rule, regulation or order which the commission is permitted to do by the Federal Railroad Safety Act of 1970 (45 USCS et seq.). A copy of any new rule, regulation or order passed by the Mississippi Transportation Commission shall be furnished to members of the Transportation Committees of the Mississippi House of Representatives and the Mississippi Senate. Individuals, corporations or companies affected by the order, rule or regulation shall be notified in accordance with the Mississippi Administrative Procedures Law.

(11) All records, personnel, property and unexpended balances of appropriations, allocation or other funds of all those agencies, boards, commissions, departments, offices, bureaus and divisions that are transferred by Laws, 1992, Chapter 496 shall be transferred to the Mississippi Department of Transportation. The transfer of segregated or special funds shall be made in such a manner that the relation between program and revenue source as provided by law shall be retained.

* * *

SECTION 3. Section 65-1-3, Mississippi Code of 1972, is amended as follows:

[Until January 1, 2004, this section shall read as follows:]

65-1-3. (1) There shall be a Mississippi Transportation Commission which, until January 1, 2004, shall consist of three (3) members, one (1) from each of the three (3) Supreme Court districts of the state. Until January 1, 2004, only qualified electors who are citizens of the Supreme Court district in which he or she offers for election shall be eligible for such office.

(2) * * * The transportation commissioners who were elected for a term beginning on the first Monday of January in the year 2000, shall continue to hold office and serve until expiration of their terms on January 1, 2004.

(3) If any one or more of the transportation commissioners elected under the provisions of this chapter shall die, resign or be removed from office, the Governor shall fill the vacancy by appointment for the unexpired term * * *.

(4) Each of the transportation commissioners, before entering upon the discharge of the duties of his office, shall take and subscribe the oath of office required of other state officials and shall execute bond in the sum of Fifty Thousand Dollars ($50,000.00), with some surety company authorized to do business in this state as surety, conditioned for the faithful performance of the duties of his office and for the faithful and true accounting of all funds or monies or property coming into his hands by virtue of his office, and conditioned further that all such funds, monies and property will be expended and used by him only for purposes authorized by law, said bond to be approved by the Governor or Attorney General and to be filed in the office of the Secretary of State. The premium on such bonds shall be paid out of the funds of the Mississippi Department of Transportation.

(5) Not later than January 1, 2003, the Governor shall appoint five (5) persons who shall serve as members of the Mississippi Transportation Transition Board created under subsection (6) of this section. One (1) of the members, who shall be appointed from the state at large and who shall be designated by the Governor as the chairman of the board, shall be a person with at least ten (10) years of experience in management of public or private entities and shall have a master's degree in business administration, public administration or a related field. Of the four (4) remaining members, one (1) member shall be appointed from each of the congressional districts of the state as such districts exist on January 1, 2003, each member to be a resident of the district from which he is appointed. No person who has been under contract to the Mississippi Department of Transportation or who has been employed by a contractor of the Mississippi Department of Transportation within five (5) years of his nomination for appointment shall be eligible for appointment to the board. The members appointed to the board shall be submitted to the Senate for its advice and consent at the beginning of the 2003 Regular Session of the Legislature.

(6) There is created, beginning July 1, 2003, the Mississippi Transportation Transition Board. Members appointed to the board who have been confirmed by the Senate shall commence their duties and responsibilities on the board from and after July 1, 2003. The board shall exist until January 1, 2004, at which time the board shall dissolve. If any one or more of the transition board members dies, resigns or is removed from office before January 1, 2004, the Governor shall fill the vacancy by appointment for the unexpired term. The board shall have the following powers and duties:

(a) To study the highway and transportation systems and needs of the state;

(b) To acquaint itself with the laws of the state that govern and relate to transportation management; and

(7) For each day or part of a day spent in the performance of their duties, members of the board shall receive the compensation authorized under Section 25-3-69, and shall be reimbursed for travel and mileage as provided under Section 25-3-41.

(8) The Mississippi Transportation Transition Board may hire a staff director and such additional employees as the Legislature authorizes to assist the board in the performance of its duties. The number of employees and salaries of such employees shall be subject to such number as the Legislature may authorize and such sums as the Legislature may appropriate therefor. The staff director shall have the following minimum qualifications:

(a) Be a professional engineer registered with the State Board for Professional Engineers and Land Surveyors;

(b) Possess a wide knowledge of the transportation system and transportation needs of Mississippi;

(d) Possess special training or expertise in the field of transportation.

(9) The Mississippi Department of Transportation shall provide the Mississippi Transportation Transition Board with suitable office space, supplies and equipment as the board determines necessary to carry out it duties and responsibilities.

[From and after January 1, 2004, this section shall read as follows:]

65-1-3. (1) There shall be a Mississippi Transportation Commission which shall consist of five (5) members. The members appointed to the Mississippi Transportation Transition Board created on July 1, 2003, shall serve as the initial members of the board. The person appointed as Chairman of the Mississippi Transportation Transition Board shall serve as Chairman of the Mississippi Transportation Commission and as Executive Director of the Mississippi Department of Transportation, with the other four (4) members of the Mississippi Transportation Transition Board serving as Associate Commissioners of the Mississippi Transportation Commission. The member initially serving as chairman of the commission shall serve for a term of six (6) years. The members initially serving as associate commissioners

shall serve the following terms as designated by the Governor: two (2) members for a term of two (2) years each; one (1) member for a term of four (4) years; and one (1) member for a term of six (6) years.

(2) All members appointed to the Mississippi Transportation Commission subsequent to the initial appointees shall be appointed by the Governor, with the advice and consent of the Senate, for a term of six (6) years. One (1) of the members, who shall be designated by the Governor as the chairman of the commission, shall be a person with at least ten (10) years of experience in management of public or private entities and shall have a master's degree in business administration, public administration or a related field. Of the four (4) remaining members, who shall be designated as associate commissioners, one (1) member shall be appointed from each of the congressional districts of the state as such districts exist on January 1, 2003, each member to be a resident of the district from which he is appointed. No person who has been under contract to the Mississippi Department of Transportation or who has been employed by a contractor of the Mississippi Department of Transportation within five (5) years of his nomination for appointment shall be eligible for appointment to the commission. If any one or more of the transportation commissioners dies, resigns or is removed from office during his term of office, the Governor shall fill the vacancy by appointment for the unexpired term.

(3) Each of the transportation commissioners, before entering upon the discharge of the duties of his office, shall take and subscribe the oath of office required of other state officials and shall execute bond in the sum of Fifty Thousand Dollars ($50,000.00), with some surety company authorized to do business in this state as surety, conditioned for the faithful performance of the duties of his office and for the faithful and true accounting of all funds or monies or property coming into his hands by virtue of his office, and conditioned further that all such funds, monies and property will be expended and used by him only for purposes authorized by law, the bond to be approved by the Governor or Attorney General and to be filed in the Office of the Secretary of State. The premium on such bonds shall be paid out of the funds of the Mississippi Department of Transportation. (4) Members of the Transportation Commission shall receive such compensation as the Legislature, by law, may prescribe. (5) The Chairman of the Mississippi Transportation Commission shall be the chief executive officer of the Mississippi Department of Transportation and shall be responsible for directing the activities of the department. The chairman shall devote his full efforts to the position of chairman and may not have any other employment. The associate commissioners of the Mississippi Transportation Commission, along with the chairman of the commission, shall serve as the policy-making body for the department. Associate commissioners shall not be prohibited from being employed or engaged in any other occupation or profession that does not conflict or interfere with their duties as members of the commission.

SECTION 4. (1) There is created within the Mississippi Department of Transportation an office to be known as the Office of Value Engineering. This office shall be directed by a person who is a professional engineer registered with the State Board for Professional Engineers and Land Surveyors and who has ten (10) years of experience in civil engineering. The director of the office shall be selected by the Mississippi Transportation Commission and shall not be supervised by the executive director of the department. The director of the office shall have the authority to hire staff who shall be subject to the director's management and control. The Transportation Department shall be responsible for providing equipment, supplies and office space as required by the office.

(2) The Office of Value Engineering shall:

(a) Review all plans and specifications for preliminary engineering, right-of-way acquisition and construction projects of the department and make reports on such plans to the Mississippi Transportation Commission;

(b) Audit and evaluate the construction processes of the Mississippi Department of Transportation and report on these activities to the Mississippi Transportation Commission; and

SECTION 5. (1) There is created within the Mississippi Department of Transportation the Office of Minority Contractor Assistance for the purpose of providing for the collection, summarization and dissemination of information helpful to minority businesses desiring to participate in contracts awarded and administered by the Transportation Department. The office shall be directed by a person appointed by the Chairman of the Mississippi Transportation Commission and such staff as the director may determine necessary for carrying out the duties and responsibilities of the office.

(2) The Office of Minority Contractor Assistance shall be responsible for reviewing all notices and invitations for bids. The office shall have the power and duty to:

(a) Develop, plan and implement programs to provide an opportunity for participation by qualified minority owned businesses in Transportation Department contracts and the process by which such contracts are awarded and administered;

(b) Develop a comprehensive plan encouraging that qualified minority owned businesses are provided an opportunity to participate in Transportation Department contracts;

(c) Develop and maintain a central minority business enterprise certification list for the Transportation Department. Size of business or length of time in business shall not be considered a prerequisite for inclusion on the certification list;

(d) Adopt rules for the implementation of this section;

(e) Submit an annual report to the Governor and the Legislature outlining the progress and economic impact on the public and private sectors for implementing this section.

SECTION 6. Section 65-1-8, Mississippi Code of 1972, is amended as follows:

[Until January 1, 2004, this section shall read as follows:]

65-1-8. (1) The Mississippi Transportation Commission shall have the following general powers, duties and responsibilities:

(a) To coordinate and develop a comprehensive, balanced transportation policy for the State of Mississippi;

(b) To promote the coordinated and efficient use of all available and future modes of transportation;

(c) To make recommendations to the Legislature regarding alterations or modifications in any existing transportation policies;

(d) To study means of encouraging travel and transportation of goods by the combination of motor vehicle and other modes of transportation;

* * *

(e) To receive and provide for the expenditure of any funds made available to it by the Legislature, the federal government, or any other source.

(2) In addition to the general powers, duties and responsibilities listed in subsection (1) of this section, the Mississippi Transportation Commission shall have the following specific powers:

(a) To make rules and regulations whereby the transportation department shall change or relocate any and all highways herein or hereafter fixed as constituting a part of the state highway system, as may be deemed necessary or economical in the construction or maintenance thereof; to acquire by gift, purchase, condemnation, or otherwise, land or other property whatsoever that may be necessary for a state highway system as herein provided, with full consideration to be given to the stimulation of local public and private investment when acquiring such property in the vicinity of Mississippi towns, cities and population centers;

(b) To enforce by mandamus, or other proper legal remedies, all legal rights or rights of action of the Mississippi Transportation Commission with other public bodies, corporations or persons;

(c) To make and publish rules, regulations and ordinances for the control of and the policing of the traffic on the state highways, and to prevent their abuse by any or all persons, natural or artificial, by trucks, tractors, trailers or any other heavy or destructive vehicles or machines, or by any other means whatsoever, by establishing weights of loads or of vehicles, types of tires, width of tire surfaces, length and width of vehicles, with reasonable variations to meet approximate weather conditions, and all other proper police and protective regulations, and to provide ample means for the enforcement of same. The violation of any of the rules, regulations or ordinances so prescribed by the commission shall constitute a misdemeanor. No rule, regulation or ordinance shall be made that conflicts with any statute now in force or which may hereafter be enacted, or with any ordinance of municipalities. A monthly publication giving general information to the boards of supervisors, employees and the public may be issued under such rules and regulations as the commission may determine;

(d) To give suitable numbers to highways and to change the number of any highway that shall become a part of the state highway system. However, nothing herein shall authorize the number of any highway to be changed so as to conflict with any designation thereof as a U.S. numbered highway. Where, by a specific act of the Legislature, the commission has been directed to give a certain number to a highway, the commission shall not have the authority to change such number;

(e) To make proper and reasonable rules, regulations, and ordinances for the placing, erection, removal or relocation of telephone, telegraph or other poles, signboards, fences, gas, water, sewerage, oil or other pipelines, and other obstructions that may, in the opinion of the commission, contribute to the hazards upon any of the state highways, or in any way interfere with the ordinary travel upon such highways, or the construction, reconstruction or maintenance thereof, and to make reasonable rules and regulations for the proper control thereof. Any violation of such rules or regulations or noncompliance with such ordinances shall constitute a misdemeanor.

Whenever the order of the commission shall require the removal of, or other changes in the location of telephone, telegraph, or other poles, signboards, gas, water, sewerage, oil or other pipelines; or other similar obstructions on the right-of-way or such other places where removal is required by law, the owners thereof shall at their own expense move or change the same to conform to the order of the commission. Any violation of such rules or regulations or noncompliance with such orders shall constitute a misdemeanor;

(f) To regulate and abandon grade crossings on any road fixed as a part of the state highway system, and whenever the commission, in order to avoid a grade crossing with the railroad, locates or constructs said road on one side of the railroad, the commission shall have the power to abandon and close such grade crossing, and whenever an underpass or overhead bridge is substituted for a grade crossing, the commission shall have power to abandon such grade crossing and any other crossing adjacent thereto. Included in the powers herein granted shall be the power to require the railroad at grade crossings, where any road of the state highway system crosses the same, to place signal posts with lights or other warning devices at such crossings at the expense of the railroad, and to regulate and abandon underpass or overhead bridges and, where abandoned because of the construction of a new underpass or overhead bridge, to close such old underpass or overhead bridge, or, in its discretion, to return the same to the jurisdiction of the county board of supervisors;

(g) To make proper and reasonable rules and regulations to control the cutting or opening of the road surfaces for subsurface installations;

(h) To make proper and reasonable rules and regulations for the removal from the public rights-of-way of any form of obstruction, to cooperate in improving their appearance, and to prescribe minimum clearance heights for seed conveyors, pipes, passageways or other structure of private or other ownership above the highways;

(i) To establish, and have the transportation department maintain and operate, and to cooperate with the state educational institutions in establishing, enlarging, maintaining and operating a laboratory or laboratories for testing materials and for other proper highway purposes;

(j) To provide, under the direction and with the approval of the Department of Finance and Administration, suitable offices, shops and barns in the City of Jackson;

(k) To establish and have enforced set-back regulations;

(l) To cooperate with proper state authorities in producing limerock for highway purposes and to purchase same at cost;

(m) To provide for the purchase of necessary equipment and vehicles and to provide for the repair and housing of same, to acquire by gift, purchase, condemnation or otherwise, land or lands and buildings in fee simple, and to authorize the Transportation Department to construct, lease or otherwise provide necessary and proper permanent district offices for the construction and maintenance divisions of the department, and for the repair and housing of the equipment and vehicles of the department; however, in each Supreme Court district only two (2) permanent district offices shall be set up, but a permanent status shall not be given to any such offices until so provided by act of the Legislature and in the meantime, all shops of the department shall be retained at their present location. As many local or subdistrict offices, shops or barns may be provided as is essential and proper to economical maintenance of the state highway system;

(n) To cooperate with the Department of Archives and History in having placed and maintained suitable historical markers, including those which have been approved and purchased by the State Historical Commission, along state highways, and to have constructed and maintained roadside driveways for convenience and safety in viewing them when necessary; however, no highway or bridge shall ever be memorialized to a man while living;

(o) To cooperate, in its discretion, with the Mississippi Department of Wildlife, Fisheries and Parks in planning and constructing roadside parks upon the right-of-way of state highways, whether constructed, under construction, or planned; said parks to utilize where practical barrow pits used in construction of state highways for use as fishing ponds. Said parks shall be named for abundant flora and fauna existing in the area or for the first flora or fauna found on the site;

(p) Unless otherwise prohibited by law, to make such contracts and execute such instruments containing such reasonable and necessary appropriate terms, provisions and conditions as in its absolute discretion it may deem necessary, proper or advisable, for the purpose of obtaining or securing financial assistance, grants or loans from the United States of America or any department or agency thereof, including contracts with several counties of the state pertaining to the expenditure of such funds;

(q) To cooperate with the Federal Highway Administration in the matter of location, construction and maintenance of the Great River Road, to expend such funds paid to the commission by the Federal Highway Administration or other federal agency, and to authorize the Transportation Department to erect suitable signs marking this highway, the cost of such signs to be paid from state highway funds other than earmarked construction funds;

(r) To cooperate, in its discretion, with the Mississippi Forestry Commission and the School of Forestry, Mississippi State University, in a forestry management program, including planting, thinning, cutting and selling, upon the right-of-way of any highway, constructed, acquired or maintained by the Transportation Department, and to sell and dispose of any and all growing timber standing, lying or being on any right-of-way acquired by the commission for highway purposes in the future; such sale or sales to be made in accordance with the sale of personal property which has become unnecessary for public use as provided for in Section 65-1-123, Mississippi Code of 1972;

(s) To expend funds in cooperation with the Division of Plant Industry, Mississippi Department of Agriculture and Commerce, the United States government or any department or agency thereof, or with any department or agency of this state, to control, suppress or eradicate serious insect pests, rodents, plant parasites and plant diseases on the state highway rights-of-way;

(t) To provide for the placement, erection and maintenance of motorist services business signs and supports within state highway rights-of-way in accordance with current state and federal laws and regulations governing the placement of traffic control devices on state highways, and to establish and collect reasonable fees from the businesses having information on such signs;

(u) To request and to accept the use of persons convicted of an offense, whether a felony or a misdemeanor, for work on any road construction, repair or other project of the Transportation Department. The commission is also authorized to request and to accept the use of persons who have not been convicted of an offense but who are required to fulfill certain court-imposed conditions pursuant to Section 41-29-150(d)(1) or 99-15-26, Mississippi Code of 1972, or the Pretrial Intervention Act, being Sections 99-15-101 through 99-15-127, Mississippi Code of 1972. The commission is authorized to enter into any agreements with the Department of Corrections, the State Parole Board, any criminal court of this state, and any other proper official regarding the working, guarding, safekeeping, clothing and subsistence of such persons performing work for the Transportation Department. Such persons shall not be deemed agents, employees or involuntary servants of the Transportation Department while performing such work or while going to and from work or other specified areas;

(v) To provide for the administration of the railroad revitalization program pursuant to Section 57-43-1 et seq.;

(w) The Mississippi Transportation Commission is further authorized, in its discretion, to expend funds for the purchase of service pins for employees of the Mississippi Transportation Department;

(x) To cooperate with the State Tax Commission by providing for weight enforcement field personnel to collect and assess taxes, fees and penalties and to perform all duties as required pursuant to Section 27-55-501 et seq., Sections 27-19-1 et seq., 27-55-1 et seq., 27-59-1 et seq. and 27-61-1 et seq., Mississippi Code of 1972, with regard to vehicles subject to the jurisdiction of the Office of Weight Enforcement. All collections and assessments shall be transferred daily to the State Tax Commission;

(y) The Mississippi Transportation Commission may delegate the authority to enter into a supplemental agreement to a contract previously approved by the commission if the supplemental agreement involves an additional expenditure not to exceed One Hundred Thousand Dollars ($100,000.00);

(z) (i) The Mississippi Transportation Commission, in its discretion, may enter into agreements with any county, municipality, county transportation commission, business, corporation, partnership, association, individual or other legal entity, for the purpose of accelerating the completion date of scheduled highway construction projects.

(ii) Such an agreement may permit the cost of a highway construction project to be advanced to the commission by a county, municipality, county transportation commission, business, corporation, partnership, association, individual or other legal entity, and repaid to such entity by the commission when highway construction funds become available; provided, however, that repayment of funds advanced to the Mississippi Transportation Commission shall be made no sooner than the commission's identified projected revenue schedule for funding of that particular construction project, and no other scheduled highway construction project established by statute or by the commission may be delayed by an advanced funding project authorized under this paragraph (z). Repayments to an entity that advances funds to the Mississippi Transportation Commission under this paragraph (z) may not include interest or other fees or charges, and the total amount repaid shall not exceed the total amount of funds advanced to the commission by the entity.

(iii) In considering whether to enter into such an agreement, the commission shall consider the availability of financial resources, the effect of such agreement on other ongoing highway construction, the urgency of the public's need for swift completion of the project and any other relevant factors.

(iv) Such an agreement shall be executed only upon a finding by the commission, spread upon its minutes, that the acceleration of the scheduled project is both feasible and beneficial. The commission shall also spread upon its minutes its findings with regard to the factors required to be considered pursuant to item (iii) of this paragraph (z).

(3) The Mississippi Transportation Commission shall require the executive director to carry out project planning as required under Section 65-1-10 for any preliminary engineering, right-of-way acquisition or construction project activities of the department.

(4) The Mississippi Transportation Commission shall establish, as provided for in Section 4 of this act, an Office of Value Engineering whose director shall report and be subordinate to the commission. The commission shall not delegate to the executive director the authority to hire, direct, manage, discipline, or terminate the director of this office or any personnel assigned to the office.

(5) The Mississippi Transportation Commission shall report to the Legislature no later than June 30, 2002, on causes of roadbed deterioration for all highways in the state highway system and include proposed remedies for these problems.

(6) In addition to its other powers and duties, the Mississippi Transportation Commission shall institute a procedure for the post-acceptance inspection and investigation of new segments built in the state highway system, including, but not limited to, segments authorized in Sections 65-3-97 and 65-39-1. (7) The commission may not let paving contracts for a segment separately from grade, drain or bridge contracts.

(8) Every contract between the Mississippi Transportation Commission and a contractor shall contain a provision in regard to the time when the whole or any specified portion of the work contemplated shall be completed, and shall provide that for each day completion is delayed beyond the specified time, the contractor shall forfeit and pay to the state a specified sum of money to be deducted from any payments due or to become due to the contractor. The sum so specified is valid as liquidated damages unless manifestly unreasonable under the circumstances existing at the time the contract was made. However, such contracts may contain a provision excusing the contractor from timely performance if the contract or part of the contract could not be performed due to causes which are outside the control of the contractor and could not be avoided by the exercise of due care. A contract for a road project also may provide for the payment of extra compensation to the contractor, as an incentive for completion before the specified time. This provision shall be included in the specifications and shall clearly set forth the basis for the payment. The incentive for early completion shall not be on maintenance projects but only on new construction projects.

[From and after January 1, 2004, this section shall read as follows:]

65-1-8. (1) The Mississippi Transportation Commission shall have the following general powers, duties and responsibilities:

(a) To coordinate and develop a comprehensive, balanced transportation policy for the State of Mississippi;

(b) To promote the coordinated and efficient use of all available and future modes of transportation;

(c) To make recommendations to the Legislature regarding alterations or modifications in any existing transportation policies;

(d) To study means of encouraging travel and transportation of goods by the combination of motor vehicle and other modes of transportation;

* * *

(e) To receive and provide for the expenditure of any funds made available to it by the Legislature, the federal government, or any other source.

(2) In addition to the general powers, duties and responsibilities listed in subsection (1) of this section, the Mississippi Transportation Commission shall have the following specific powers:

(b) To enforce by mandamus, or other proper legal remedies, all legal rights or rights of action of the Mississippi Transportation Commission with other public bodies, corporations or persons;

* * *

(d) To make proper and reasonable rules, regulations, and ordinances for the placing, erection, removal or relocation of telephone, telegraph or other poles, signboards, fences, gas, water, sewerage, oil or other pipelines, and other obstructions that may, in the opinion of the commission, contribute to the hazards upon any of the state highways, or in any way interfere with the ordinary travel upon such highways, or the construction, reconstruction or maintenance thereof, and to make reasonable rules and regulations for the proper control thereof. Any violation of such rules or regulations or noncompliance with such ordinances shall constitute a misdemeanor.

(g) To make proper and reasonable rules and regulations to control the cutting or opening of the road surfaces for subsurface installations;

* * *

(i) To establish and have enforced set-back regulations;

* * *

(j) * * * To acquire by gift, purchase, condemnation or otherwise, land or lands and buildings in fee simple * * *;

* * *

(k) Unless otherwise prohibited by law, to make such contracts and execute such instruments containing such reasonable and necessary appropriate terms, provisions and conditions as in its absolute discretion it may deem necessary, proper or advisable, for the purpose of obtaining or securing financial assistance, grants or loans from the United States of America or any department or agency thereof, including contracts with several counties of the state pertaining to the expenditure of such funds;

(l) To cooperate with the Federal Highway Administration in the matter of location, construction and maintenance of the Great River Road, to expend such funds paid to the commission by the Federal Highway Administration or other federal agency, and to authorize the Transportation Department to erect suitable signs marking this highway, the cost of such signs to be paid from state highway funds other than earmarked construction funds;

* * *

(m) To provide for the administration of the railroad revitalization program pursuant to Section 57-43-1 et seq.;

* * *

(n) To cooperate with the State Tax Commission by providing for weight enforcement field personnel to collect and assess taxes, fees and penalties and to perform all duties as required pursuant to Section 27-55-501 et seq., Sections 27-19-1 et seq., 27-55-1 et seq., 27-59-1 et seq. and 27-61-1 et seq., Mississippi Code of 1972, with regard to vehicles subject to the jurisdiction of the Office of Weight Enforcement. All collections and assessments shall be transferred daily to the State Tax Commission;

(o) The Mississippi Transportation Commission may delegate the authority to enter into a supplemental agreement to a contract previously approved by the commission if the supplemental agreement involves an additional expenditure not to exceed One Hundred Thousand Dollars ($100,000.00);

(p) (i) The Mississippi Transportation Commission, in its discretion, may enter into agreements with any county, municipality, county transportation commission, business, corporation, partnership, association, individual or other legal entity, for the purpose of accelerating the completion date of scheduled highway construction projects.

(ii) Such an agreement may permit the cost of a highway construction project to be advanced to the commission by a county, municipality, county transportation commission, business, corporation, partnership, association, individual or other legal entity, and repaid to such entity by the commission when highway construction funds become available; provided, however, that repayment of funds advanced to the Mississippi Transportation Commission shall be made no sooner than the commission's identified projected revenue schedule for funding of that particular construction project, and no other scheduled highway construction project established by statute or by the commission may be delayed by an advanced funding project authorized under this paragraph (p). Repayments to an entity that advances funds to the Mississippi Transportation Commission under this paragraph (z) may not include interest or other fees or charges, and the total amount repaid shall not exceed the total amount of funds advanced to the commission by the entity.

(3) The Chairman of the Mississippi Transportation Commission shall carry out project planning as required under Section 65-1-10 for any preliminary engineering, right-of-way acquisition or construction project activities of the department.

(4) The Mississippi Transportation Commission shall establish, as provided for in Section 4 of this act, an Office of Value Engineering whose director shall report and be subordinate to the commission. The commission shall not delegate to the chairman the authority to hire, direct, manage, discipline, or terminate the director of this office or any personnel assigned to the office.

(5) In addition to its other powers and duties, the Mississippi Transportation Commission shall institute a procedure for the post-acceptance inspection and investigation of new segments built in the state highway system, including, but not limited to, segments authorized in Sections 65-3-97 and 65-39-1. (6) The commission may not let paving contracts for a segment separately from grade, drain or bridge contracts.

(7) Every contract between the Mississippi Transportation Commission and a contractor shall contain a provision in regard to the time when the whole or any specified portion of the work contemplated shall be completed, and shall provide that for each day completion is delayed beyond the specified time, the contractor shall forfeit and pay to the state a specified sum of money to be deducted from any payments due or to become due to the contractor. The sum so specified is valid as liquidated damages unless manifestly unreasonable under the circumstances existing at the time the contract was made. However, such contracts may contain a provision excusing the contractor from timely performance if the contract or part of the contract could not be performed due to causes which are outside the control of the contractor and could not be avoided by the exercise of due care. A contract for a road project also may provide for the payment of extra compensation to the contractor, as an incentive for completion before the specified time. This provision shall be included in the specifications and shall clearly set forth the basis for the payment. The incentive for early completion shall not be on maintenance projects but only on new construction projects.

SECTION 7. Section 65-1-10, Mississippi Code of 1972, is amended as follows:

[Until January 1, 2004, this section shall read as follows:]

65-1-10. Under the authority of the Mississippi Transportation Commission, and in conformity with its orders as spread on its minutes, the executive director shall:

(a) Unless otherwise provided by law, appoint a director in charge of each operating office of the department who shall be responsible to the executive director for the operation of such office. Each such director shall be qualified and experienced in the functions performed by the office under his charge;

(b) Administer the policies promulgated by the commission;

(d) Organize the offices and bureaus of the department;

(e) Coordinate the activities of the various offices of the department;

(f) Fix the compensation of employees of the department and require any employee to give bond to the State of Mississippi for the faithful performance of his duties in an amount the executive director deems appropriate. Premiums on all bonds so required shall be paid out of any funds available to the department;

(g) Recommend such studies and investigations as he may deem appropriate and carry out the approved recommendations in conjunction with the various offices;

(h) Prepare and deliver to the Legislature and the Governor on or before January 1 of each year, and at such other times as may be required by the Legislature or Governor, a full report of the work of the department and the offices thereof, including a detailed statement of expenditures of the department and any recommendations the department may have;

(i) Have full and general supervision over all matters relating to the construction or maintenance of the state highways, letting of contracts therefor, and the selection of materials to be used in the construction of state highways under the authority conferred by this chapter as herein set forth and the employment, promotion, demotion, reprimand, suspension, termination, reassignment, transfer, moving or relocation of all personnel not specifically authorized by statute to be employed by the commission. The executive director may authorize the payment of expenses of any personnel reassigned, transferred, moved or relocated in accordance with such rules and regulations as are promulgated by the commission;

(j) Approve all bids, sign all vouchers and requisitions, issue all orders for supplies and materials, sign all contracts and agreements in the name of the State of Mississippi, and subscribe to all other matters which may arise in the carrying out of the intent and purpose of this chapter;

(k) Receive and assume control, for the benefit of the state, of any and all highways herein or hereafter fixed as roads constituting a part of the state highway system;

(l) Provide for boulevard stops, restricted entrances to main highways and access driveways, neutral grounds, and roadside parks, erect all suitable direction and warning signs, and provide access roads in or to municipalities where necessary; provide limited access facilities when and where deemed necessary, such a facility being defined as a highway or street especially designed or designated for through traffic and over, from or to which owners or occupants of abutting land or other persons have only such limited right or easement of access as may be prescribed by the commission, and provide that certain highways or streets may be parkways from which trucks, buses and other commercial vehicles shall be excluded or may be freeways open to customary forms of highway and street traffic and use, and such limited access facilities or parkways may be planned, designated, established, regulated, vacated, altered, improved, constructed and maintained and rights-of-way therefor specifically obtained, either by purchase, gift, condemnation or other form of acquisition;

(m) Construct bridges with or without footways, and sidewalks where deemed essential to decrease hazards;

(n) Perform services for the Department of Finance and Administration on state property, including, but not limited to, engineering services, and to advance such funds to defray the cost of the expenses incurred in performing such services from out of transportation department funds until such department is reimbursed by the Department of Finance and Administration;

(o) Perform all duties authorized by Section 27-19-136, Mississippi Code of 1972, concerning the assessment and collection of permit fees, fines and penalties;

(p) Conduct project planning as provided for in this paragraph (p). Such project planning shall apply to all preliminary engineering, right-of-way acquisition and construction projects of the department and, at a minimum, shall consist of:

(i) Establishment of a master budget for each segment of highway to be constructed, reconstructed or repaired. For purposes of this requirement, no segment shall be less than ten (10) miles in length unless a shorter segment is specifically authorized or required by law; and

(ii) Policies for the oversight and management of the master budget for segments which:

1. Establish a reasonable cost estimate to serve as a budget for each project within a segment. For purposes of this provision, projects include preliminary engineering, right-of-way acquisition and construction;

2. Capture and retain the initial project budgets for comparison with final actual expenditures;

3. Capture and retain the initial segment budget for comparison with final segment actual expenditures;

4. Require that any changes to a budget for a project will be reviewed and approved by district or central office personnel. Such personnel shall be responsible for signing any revision, and providing a narrative description of the reasons for approving a revision and the reasons for rejecting other alternatives;

5. With existing resources, develop an information system to provide the Legislature, managers and the public with up-to-date segment cost information;

6. Capture the cost of consultants, engineers, attorneys, contract appraisers and other technical and professional contractors used in preliminary engineering, right-of-way acquisition and construction projects;

7. Ensure that projects for preliminary engineering, right-of-way acquisition and construction do not overlap segments;

8. Track and report the final segment cost and a comparison to the bid cost;

9. Track and compare actual completion dates with the bid completion date; and

10. Track and report all change orders and the impact they have had on the bid price for a segment.

(q) Annually report to the Legislature, on or before December 15 of each year, all preapproved contractors who subsequently receive contracts from the department. The reports must include the name of the contractor, the amount paid and the project on which the contractor worked.

[From and after January 1, 2004, this section shall read as follows:]

65-1-10. * * * The Chairman of the Mississippi Transportation Commission shall have the power and duty to:

(a) * * * Appoint a director in charge of each operating office of the department who shall be responsible to the executive director for the operation of such office. Each such director shall be qualified and experienced in the functions performed by the office under his charge;

(b) Administer the policies promulgated by the commission;

(d) Organize the offices and bureaus of the department;

(e) Coordinate the activities of the various offices of the department;

(f) Fix the compensation of employees of the department, subject to approval by the State Personnel Board, and require any employee to give bond to the State of Mississippi for the faithful performance of his duties in an amount the chairman deems appropriate. Premiums on all bonds so required shall be paid out of any funds available to the department;

(g) Recommend such studies and investigations as he may deem appropriate and carry out the approved recommendations in conjunction with the various offices;

(i) Have full and general supervision over all matters relating to the construction or maintenance of the state highways, letting of contracts therefor, and the selection of materials to be used in the construction of state highways under the authority conferred by this chapter as herein set forth and the employment, promotion, demotion, reprimand, suspension, termination, reassignment, transfer, moving or relocation of all personnel not specifically authorized by statute to be employed by the commission. The chairman may authorize the payment of expenses of any personnel reassigned, transferred, moved or relocated in accordance with such rules and regulations as are promulgated by the commission;

(k) Receive and assume control, for the benefit of the state, of any and all highways herein or hereafter fixed as roads constituting a part of the state highway system;

(m) Construct bridges with or without footways, and sidewalks where deemed essential to decrease hazards;

(o) Perform all duties authorized by Section 27-19-136, Mississippi Code of 1972, concerning the assessment and collection of permit fees, fines and penalties;

(p) Give suitable numbers to highways and to change the number of any highway that shall become a part of the state highway system. However, nothing herein shall authorize the number of any highway to be changed so as to conflict with any designation thereof as a U.S. numbered highway. Where, by a specific act of the Legislature, the commission has been directed to give a certain number to a highway, the commission shall not have the authority to change such number;

(q) Establish, and have the transportation department maintain and operate, and to cooperate with the state educational institutions in establishing, enlarging, maintaining and operating a laboratory or laboratories for testing materials and for other proper highway purposes;

(r) Provide, under the direction and with the approval of the Department of Finance and Administration, suitable offices, shops and barns in the City of Jackson;

(s) Cooperate with proper state authorities in producing limerock for highway purposes and to purchase same at cost;

(t) Provide for the purchase of necessary equipment and vehicles and provide for their repair and housing;

(u) Authorize the Transportation Department to construct, lease or otherwise provide necessary and proper permanent district offices for the construction and maintenance divisions of the department;

(v) Cooperate with the Department of Archives and History in having placed and maintained suitable historical markers, including those which have been approved and purchased by the State Historical Commission, along state highways, and to have constructed and maintained roadside driveways for convenience and safety in viewing them when necessary; however, no highway or bridge shall ever be memorialized to a man while living;

(w) Cooperate, in his discretion, with the Mississippi Department of Wildlife, Fisheries and Parks in planning and constructing roadside parks upon the right-of-way of state highways, whether constructed, under construction, or planned; such parks to utilize where practical barrow pits used in construction of state highways for use as fishing ponds. The parks shall be named for abundant flora and fauna existing in the area or for the first flora or fauna found on the site;

(x) Cooperate, in his discretion, with the Mississippi Forestry Commission and the School of Forestry, Mississippi State University, in a forestry management program, including planting, thinning, cutting and selling, upon the right-of-way of any highway, constructed, acquired or maintained by the Transportation Department, and sell and dispose of any and all growing timber standing, lying or being on any right-of-way acquired by the department for highway purposes in the future; such sale or sales to be made in accordance with the sale of personal property which has become unnecessary for public use as provided for in Section 65-1-123;

(y) Expend funds in cooperation with the Division of Plant Industry, Mississippi Department of Agriculture and Commerce, the United States government or any department or agency thereof, or with any department or agency of this state, to control, suppress or eradicate serious insect pests, rodents, plant parasites and plant diseases on the state highway rights-of-way;

(z) Provide for the placement, erection and maintenance of motorist services business signs and supports within state highway rights-of-way in accordance with current state and federal laws and regulations governing the placement of traffic control devices on state highways, and establish and collect reasonable fees from the businesses having information on such signs;

(aa) Request and accept the use of persons convicted of an offense, whether a felony or a misdemeanor, for work on any road construction, repair or other project of the Transportation Department. The chairman may also request and accept the use of persons who have not been convicted of an offense but who are required to fulfill certain court-imposed conditions pursuant to Section 41-29-150(d)(1) or 99-15-26, or the Pretrial Intervention Act, being Sections 99-15-101 through 99-15-127. The chairman may enter into any agreements with the Department of Corrections, the State Parole Board, any criminal court of this state, and any other proper official regarding the working, guarding, safekeeping, clothing and subsistence of such persons performing work for the Transportation Department. Such persons shall not be deemed agents, employees or involuntary servants of the Transportation Department while performing such work or while going to and from work or other specified areas;

(bb) Expend funds for the purchase of service pins for employees of the Mississippi Transportation Department.

(cc) Conduct project planning as provided for in this paragraph (cc). Such project planning shall apply to all preliminary engineering, right-of-way acquisition and construction projects of the department and, at a minimum, shall consist of: