MISSISSIPPI LEGISLATURE

2011 Regular Session

To: County Affairs

By: Representatives Jennings, Hamilton (6th), Mayhall, Mayo, Woods

House Bill 877

AN ACT TO AMEND SECTION 19-3-42, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COUNTY SUPERINTENDENT OF EDUCATION, INSTEAD OF THE SCHOOL BOARD, IN SCHOOL DISTRICTS HAVING 25,000 OR MORE STUDENTS TO SUBMIT A WRITTEN REQUEST TO THE COUNTY BOARD OF SUPERVISORS FOR THE MAINTENANCE OF PRIVATE ROADS AND DRIVEWAYS USED FOR SCHOOL BUS TURNAROUNDS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 19-3-42, Mississippi Code of 1972, is amended as follows:

     19-3-42.  (1)  The board of supervisors of any county * * *, in its discretion, may grade, gravel or shell, repair, and/or maintain private gravel or shell roads or driveways to private residences if such roads or driveways are used for school bus turnarounds.

     (2)  Prior to engaging in the work authorized in subsection (1) of this section, the board of supervisors shall spread upon the official minutes of the board:

          (a)  The written request of the school board for such work in any school district in which the total number of students enrolled is less than twenty-five thousand (25,000) or, in any school district in which the total number of students enrolled is twenty-five thousand (25,000) or more, the written request of the county superintendent of education for such work;

          (b)  The written approval of the board of supervisors for such work;

          (c)  The specific location of the road or driveway to be worked; and

          (d)  The name of the owner of the road or driveway to be worked.

     (3)  The written request of the school board or county superintendent of education, as the case may be, required under subsection (2)(a) of this section, shall contain a current list of all active school bus turnarounds presently in use by the school district or contemplated for use by the school district for the present school year.  The approval by the board of supervisors shall be valid and effective for the period of time that a turnaround is anticipated for use, but in no event for a period greater than one (1) year.

     (4)  In addition to the authority granted in subsection (1) of this section, * * * the board of supervisors of any county * * *, in its discretion, may maintain public school grounds of the county and may grade, gravel, shell or overlay, and/or * * * maintain gravel, shell, asphalt or concrete roads, driveways or parking lots of public schools of the county if, before engaging in such work, the board of supervisors shall spread upon its official minutes the written request of the school board for such work, the written approval of the board of supervisors for such work and the specific location of the school grounds or road, driveway or parking lot, to be worked.

     (5)  In addition to any other authority granted in this section, the board of supervisors of any county * * *, in its discretion, may repair and maintain driveways and parking lots of:  (a) any nonprofit organization in the county which is tax exempt under Section 501(c) of the United States Internal Revenue Code and which has as one of its primary purposes for organization to aid and assist in the rehabilitation of persons suffering from drug abuse or drug addiction; and (b) any private, nonprofit cemeteries in the county.  The board of supervisors of any county shall not be authorized under the provisions of this subsection to repair or maintain driveways or parking lots located more than one hundred fifty (150) feet from the center of any highway, road or street under the jurisdiction of the county.

     SECTION 2.  This act shall take effect and be in force from and after its passage.