House Bill 1236

AN ACT TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION, IN COOPERATION WITH LOCAL ELECTED OFFICIALS, TO ESTABLISH RURAL TRANSPORTATION PLANNING ORGANIZATIONS TO PLAN RURAL TRANSPORTATION SYSTEMS AND TO ADVISE THE DEPARTMENT ON RURAL TRANSPORTATION POLICY; TO AMEND SECTION 65-1-10, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE EXECUTIVE DIRECTOR OF THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION TO PERFORM ALL DUTIES AUTHORIZED UNDER THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. As used in Sections 1 through 4 of this act:

(a) "Rural transportation planning organization" means a voluntary organization of local elected officials or their designees and representatives of local transportation systems formed by a memorandum of understanding with the Mississippi Department of Transportation to work cooperatively with the department to plan rural transportation systems and to advise the department on rural transportation policy.

(b) "Department" means the Mississippi Department of Transportation.

SECTION 2. (1) The Mississippi Department of Transportation may form rural transportation planning organizations.

(2) Rural transportation planning organizations shall include representatives from contiguous areas in three (3) to fifteen (15) counties, with a total population of the entire area represented of at least fifty thousand (50,000) persons according to the latest federal decennial census. Areas already included in a metropolitan planning organization shall not be included in the area represented by a rural transportation planning organization.

(3) The rural transportation planning organization shall consist of local elected officials or their designees and representatives of local transportation systems in the area as agreed to by all parties in a memorandum of understanding.

(4) The department shall notify local elected officials and representatives of local transportation systems around the state of the opportunity to form rural transportation planning organizations. The department shall work cooperatively with interested local elected officials, their designees, and representatives of local transportation systems to develop a proposed area, membership, functions, and responsibilities of a rural transportation planning organization. The agreement of all parties shall be included in a memorandum of understanding approved by the membership of a proposed rural transportation planning organization and the Executive Director of the Mississippi Department of Transportation.

SECTION 3. The duties of a rural transportation planning organization shall include, but not be limited to:

(a) Developing, in cooperation with the department, long-range local and regional multimodal transportation plans.

(b) Providing a forum for public participation in the transportation planning process.

(c) Developing and prioritizing suggestions for transportation projects the organization believes should be included in the state's transportation improvement program, or equivalent program.

(d) Providing transportation-related information to local governments and other interested organizations and persons.

SECTION 4. (1) Each rural transportation planning organization, working in cooperation with the department, shall select an appropriate administrative entity for the organization. Eligible administrative entities include, but are not limited to, regional economic development agencies, regional councils of government, chambers of commerce, and local governments.

(2) The department and each rural transportation planning organization shall cooperatively determine the appropriate professional planning staff needs of the organization.

(3) If funds are appropriated for the duties described in Section 3 of this act, the department may make grants to rural transportation planning organizations to carry out the duties listed in Section 3 of this act. The members of the rural transportation planning organization shall contribute at least twenty percent (20%) of the cost of any staff resources employed by the organization to carry out the duties listed in Section 3 of this act. The department may make additional planning grants to economically distressed counties, as designated by the Mississippi Development Authority.

SECTION 5. Section 65-1-10, Mississippi Code of 1972, is amended 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) Perform all duties authorized by Sections 1 through 4 of this act, concerning the establishment of rural transportation planning organizations.

SECTION 6. This act shall take effect and be in force from and after July 1, 2010.