MISSISSIPPI LEGISLATURE
2003 Regular Session
To: Judiciary B
By: Representative Jennings
AN ACT TO AMEND SECTION 17-1-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF A LOCAL PLANNING COMMISSION REQUIRES THAT RESIDENTIAL HOUSE FLOOR PLANS BE FILED WITH THE COMMISSION WHEN A HOUSE IS CONSTRUCTED, SUCH RECORDS SHALL BE EXEMPT FROM THE PUBLIC RECORDS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 17-1-11, Mississippi Code of 1972, is amended as follows:
17-1-11. (1) (a) The governing authority of each municipality and county may provide for the preparation, adoption, amendment, extension and carrying out of a comprehensive plan for the purpose of bringing about coordinated physical development in accordance with present and future needs and may create, independently or jointly, a local planning commission with authority to prepare and propose (a) a comprehensive plan of physical development of the municipality or county; (b) a proposed zoning ordinance and map; (c) regulations governing subdivisions of land; (d) building or set back lines on streets, roads and highways; and (e) recommendations to the governing authorities of each municipality or county with regard to the enforcement of and amendments to the comprehensive plan, zoning ordinance, subdivision regulations and capital improvements program. The governing authority of each municipality and county may, in its discretion, pay to each member of a planning commission a per diem in an amount as determined by such governing authority for each day, or portion thereof, spent in the performance of his duties; however, no member of a planning commission may be paid more than One Hundred Twenty Dollars ($120.00) in the aggregate per month.
(b) The definition of "comprehensive plan" set forth in paragraph (c) of Section 17-1-1 shall not be construed to affect, or to require the amendment of, any plan adopted by a county or municipality prior to July 1, 1988, which plan does not specifically conform to the minimum elements of a comprehensive plan required in such definition.
(2) The governing authority of each municipality and county may adopt, amend and enforce the comprehensive plan, zoning ordinance, subdivision regulations and capital improvements program as recommended by the local planning commission after a public hearing thereon as provided by Section 17-1-15.
(3) In the performance of its duties, the local planning commission may cooperate with, contract with, or accept funds from federal, state or local agencies or private individuals or corporations and may expend such funds and carry out such cooperative undertakings and contracts.
(4) Any comprehensive plan established under this section shall not contain any provision which conflicts with Article VII of the Chickasaw Trail Economic Development Compact described in Section 57-36-1.
(5) If a local planning commission requires that residential house floor plans be filed when houses are constructed, then such plans shall be exempt from the Mississippi Public Records Act of 1983.
SECTION 2. This act shall take effect and be in force from and after July 1, 2003.