Senate Bill 2989

(As Sent to Governor)

AN ACT TO AMEND SECTION 55-25-6, MISSISSIPPI CODE OF 1972, TO REQUIRE MUNICIPALITIES TO ENFORCE THE RULES AND REGULATIONS OF A RAILS-TO-TRAILS RECREATIONAL DISTRICT OF WHICH IT IS A MEMBER AND TO AUTHORIZE SUCH MUNICIPALITY TO ALLOW ITS LAW ENFORCEMENT PERSONNEL TO ENFORCE SUCH RULES IN CERTAIN AREAS WITHIN THE DISTRICT BUT OUTSIDE THE MUNICIPALITY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 55-25-6, Mississippi Code of 1972, is amended as follows:

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.

(3) Any municipality, which is a member of a Rails-To-Trails Recreational District, shall enforce the rules and regulations of the district in that part lying within the municipality and may authorize its municipal law enforcement personnel to assist the district in the enforcement of the district rules and regulations in any area of the district lying no more than five (5) miles outside the corporate limits of the municipality.

SECTION 2. This act shall take effect and be in force from and after July 1, 2004.