House Bill 145

AN ACT TO AMEND SECTIONS 65-1-65 AND 65-9-25, MISSISSIPPI CODE OF 1972, TO REQUIRE THE REMOVAL OF CERTAIN TREES, BUSHES AND VEGETATION LOCATED WITHIN THE RIGHT-OF-WAY OF STATE HIGHWAYS AND STATE AID ROADS; AND FOR RELATED PURPOSES.

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

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

65-1-65. It shall be the duty of the Mississippi Transportation Commission to have the Mississippi Department of Transportation maintain all highways which have been or which may be hereafter taken over by the Transportation Department for maintenance in such a way as to afford convenient, comfortable, and economic use thereof by the public at all times. To this end it shall be the duty of the director, subject to the rules, regulations and orders of the commission as spread on its minutes, to organize an adequate and continuous patrol for the maintenance, repair, and inspection of all of the state-maintained state highway system, so that said highways may be kept under proper maintenance and repair at all times.

As a part of its regular and continuous highway maintenance duties, the department shall remove or contract for the removal of all trees, bushes and vegetation having a trunk diameter of four (4) inches or greater located within the right-of-way of any highway or roadway under its jurisdiction, including all trees, bushes and vegetation of any size that present a safety hazard or potential safety hazard to utility lines located on the right-of-way of such highways or roadways.

SECTION 2. Section 65-9-25, Mississippi Code of 1972, is amended as follows:

65-9-25. It shall be the duty of the several boards of supervisors to properly maintain all state aid roads in their respective counties after construction of any such roads with state aid monies. As a part of its regular and continuous state aid road maintenance duties, the board of supervisors shall remove or contract for the removal of all trees, bushes and vegetation having a trunk diameter of four (4) inches or greater located within the right-of-way of any state aid road within the county, including all trees, bushes and vegetation of any size that present a safety hazard or potential safety hazard to utility lines located on the right-of-way of such highways or roadways. It shall be the duty of the State Aid Engineer and his assistants to make annual maintenance inspections of completed projects, and such other periodic maintenance inspections as the State Aid Engineer shall deem necessary. If essential maintenance is not properly and regularly carried on, in the opinion of the State Aid Engineer, then notice thereof shall be given in writing to the board in default, and if such maintenance is not done and continued within sixty (60) days from date of such notice, then, and in such event, the State Aid Engineer may proceed to have done the necessary maintenance and repair work on such road and charge the same to any funds in the State Aid Road Fund in the State Treasury allocated to such county. If such failure to maintain continues, then such county shall be no longer eligible for state aid until proper maintenance is resumed by it, and notice of such withdrawal of state aid shall be duly given the State Auditor and State Treasurer; however, such ineligibility shall not affect payment from the State Aid Road Fund of progress or final estimates on contracts awarded prior to notice of such ineligibility, nor shall said ineligibility in any way affect the payment of principal and interest on state aid road bonds issued by any such county.

State aid roads which have been hard surfaced through the use of state aid funds or federal aid funds shall be eligible for state aid funds to provide one or more seal courses, as required. State aid roads in which the grading and drainage structures were constructed under state aid projects and which have been subsequently hard surfaced by the county through the use of county funds under the supervision of the county engineer shall likewise be eligible for state aid funds to provide one or more seal courses as required, provided that the hard surfacing and underlying base were constructed in accordance with the then prevailing state aid standards and specifications. The county shall furnish the State Aid Engineer with sufficient engineering data, including borings and tests, if necessary, to substantiate the required thickness and quality of the base and surfacing. The correction of base defects and pavement breaks may be made part of the plans and contract documents for each sealing project.

State aid roads which were constructed in accordance with the then prevailing state aid standards and specifications shall be eligible for state aid funds for maintenance, repair and reconstruction, subject to the prior written approval of such work by the State Aid Engineer and subject to the work being completed in accordance with the prior written approval.

SECTION 3. This act shall take effect and be in force from and after July 1, 2006.