House Bill 1298

AN ACT TO AMEND SECTION 65-9-29, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ALLOCATION OF CERTAIN FEDERAL AID HIGHWAY FUNDS ALLOCATED TO MISSISSIPPI UNDER THE SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS (SAFETEA-LU); TO AMEND SECTION 65-9-30, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 65-9-29, Mississippi Code of 1972, is amended as follows:

65-9-29. (1) Federal aid highway funds allocated to Mississippi * * * to be expended on the federal aid routes shall be expended as follows:

(a) Not less than fifty percent (50%) of the funds appropriated to Mississippi allocated for substate distribution in any area of the state under the Surface Transportation Program authorization of Public Law 109-59 (the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, hereinafter called SAFETEA-LU) and fifty percent (50%) of the amount allocated to areas with a population of less than five thousand (5,000) shall be allocated to the eighty-two (82) counties of the state and administered by the Office of State Aid Road Construction.

(b) Not less than thirty percent (30%) of the bridge replacement funds allocated to Mississippi under SAFETEA-LU shall be allocated to the eighty-two (82) counties of the state to replace deficient bridges in accordance with all rules and regulations of the Federal Highway Administration and administered by the Office of State Aid Road Construction.

(c) Such division will be made upon allocation by the Division Administrator of the Federal Highway Administration * * *. The expenditure of all federal * * * funds shall be through and under the Mississippi Department of Transportation, subject to and in accordance with all rules and regulations and applicable laws of the federal government.

* * *

(2) Federal aid * * * highway funds allocated to Mississippi, * * * including federal bridge replacement funds and other special grants made available for expenditure of county roads, shall be expended as follows:

(a) Federal aid * * * highway funds expended on state aid roads shall be matched with available state aid funds and/or other available local funds, or as otherwise provided in Section 65-1-70.

(b) Federal aid * * * highway funds available for expenditure on roads not on the state aid system and not eligible for inclusion on the state aid system shall be matched with available local funds, or as otherwise provided in Section 65-9-17 or Section 65-1-70.

(c) The expenditure of all federal * * * highway funds on county roads shall be programmed by the Mississippi Transportation Commission, subject to and in accordance with applicable federal law, rules and regulations, and limited to such county projects as recommended by the State Aid Engineer. The State Aid Engineer is authorized to assign state aid personnel to administer off-system construction projects and other special federal aid program requirements in the same manner and under the same provisions and conditions as other projects authorized under this chapter.

SECTION 2. Section 65-9-30, Mississippi Code of 1972, is amended as follows:

65-9-30. (1) The State Aid Engineer shall maintain an accurate record of all federal aid highway funds and all other available federal road funds allocated to the counties * * *. He shall likewise maintain an accurate account of all state aid funds apportioned to the counties in accordance with the percentages and provisions set out in Section 27-65-75.

(2) The State Aid Engineer is hereby authorized to utilize state aid funds, and federal aid highway funds allocated to the counties as provided for in accordance with Section 65-9-29, * * * and/or any other available federal road funds allocated to Mississippi and to be expended on county roads, and allocated to the counties as provided for in accordance with Section 65-9-29, in such amounts as he deems necessary for an orderly and effective programming of all funds available to the counties, including an interchange of one (1) type of funds for another type of funds when necessary; provided, however, that each county shall receive, not less than annually, its pro rata share of the combined funds so allocated; and further provided that the authority of the county boards of supervisors to otherwise adopt construction programs is in no way circumvented.

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