MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Local and Private Legislation
By: Representative DeLano
House Bill 1345
(As Passed the House)
AN ACT TO AMEND CHAPTER 936, LOCAL AND PRIVATE LAWS OF 2010,
AS AMENDED BY CHAPTER 959, LOCAL AND PRIVATE LAWS OF 2012, TO PROVIDE THAT
BEFORE ANY RULE, REGULATION OR FEE IS IMPOSED BY THE HARRISON COUNTY MOTOR
VEHICLE FOR HIRE COMMISSION, THE COMMISSION SHALL RECEIVE APPROVAL OF THE
HARRISON COUNTY BOARD OF SUPERVISORS FOR SUCH RULE, REGULATION OR FEE; TO
REVISE THE DEFINITION OF "MOTOR VEHICLE FOR HIRE" AS USED IN THIS
ACT; TO PROVIDE THAT THE BUDGET OF THE COMMISSION SHALL BE VOTED ON AND APPROVED
BY THE SUPERVISORS; TO AUTHORIZE THE BOARD OF SUPERVISORS TO ABOLISH THE
COMMISSION IF CERTAIN NOTICE IS GIVEN; TO EXTEND THE DATE OF REPEAL FROM
JANUARY 31, 2013, TO JULY 1, 2014; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Chapter
936, Local and Private Laws of 2010, as amended by Chapter 959, Local and
Private Laws of 2012, is amended as follows:
Section 1. (1)
There is hereby created and established a public body corporate and politic
constituting a political subdivision of the State of Mississippi to be known as
the "Harrison County Motor Vehicle for Hire Commission" for the
purpose of serving the citizens of Harrison County. The commission is created
as a means of unifying rules and regulations governing motor vehicles for hire
engaging in business within Harrison County by empowering the commission to
enact rules and regulations that will be applicable in all six (6) separate
political jurisdictions in Harrison County. All rules, regulations and fees
adopted by the commission, and approved by the Harrison County Board of
Supervisors, for the governance of motor vehicles for hire shall supercede
any rule, regulation and fee adopted by such political jurisdictions in
Harrison County pertaining to motor vehicles for hire.
(2) For purposes of this
act, "motor vehicle for hire" means * * *when both a driver and his or her vehicle are employed for
transportation purposes. any motor vehicle, animal-drawn vehicle,
pedicab or other vehicle designed or used for the transportation of passengers
for hire, the charges for the use of which are determined by agreement, mileage
or by the length of time for which the vehicle is engage. The following are
excluded from the definition of "motor vehicle for hire" under this
act:
(a) Limousines or
any other vehicle owned solely by a funeral home and used for the performance
of funeral services. However, if the limousine or other vehicle owned by a
funeral home is used for other transportation-for-hire purposes for which a fee
is charged, such vehicle is not excluded;
(b) Ambulances and
other medical transport service vehicles; however, nonemergency transportation
vehicles are not excluded;
(c) Vehicles
provided by an employer or an employee association for use in transporting
employees back and forth between the employees' homes and to the employers'
place of business, with employees reimbursing the employer or employee
association in an amount calculated to offset the reasonable expenses of
operating the vehicle;
(d) Vehicles owned
and operated for the purpose of transporting the driver and/or others on a
prearranged basis between their homes and places of employment or places of
common destination and only charging a fee calculated to reasonably cover
expenses (i.e. carpool, vanpool, etc.);
(e) Vehicles owned
and operated by the federal or state government, by a political subdivision of
the state or by a person under contract with the county or any city within the
county for operation of the vehicle;
(f) Vehicles owned
and operated by hotels/motels which provide free transportation service to
guests. However, vehicles operated by hotels/motels which provide
transportation services for a fee are not excluded; and
(i) Vehicles owned
by a nonprofit organization and carrying only passengers associated with that
organization, if no compensation is received from any other person for carrying
the passengers.
Section 2. (1)
(a) All powers of the Harrison County Motor Vehicle for Hire Commission shall
be exercised by a board of commissioners to be composed of a representative
appointed and confirmed by each of the governing authorities of Harrison
County, including all municipalities and the board of supervisors.
(b) Members of the
commission shall be as follows:
(i) One (1)
commissioner appointed by the governing authorities of the City of Pass
Christian;
(ii) One (1)
commissioner appointed by the governing authorities of the City of Long Beach;
(iii) One (1)
commissioner appointed by the governing authorities of the City of D'Iberville;
(iv) Two (2)
commissioners appointed by the governing authorities of the City of Biloxi;
(v) Two (2)
commissioners appointed by the governing authorities of the City of Gulfport;
(vi) One (1)
commissioner appointed by the Harrison County Board of Supervisors; and
(vii) Two (2)
commissioners at large, one of whom must be a minority appointed by the other
eight (8) commissioners appointed in this section.
(c) The initial terms
of the commissioners shall be as follows: one (1) year for the commissioner
appointed by the City of Pass Christian; two (2) years for the commissioners
appointed by the City of Long Beach and the City of D'Iberville; three (3)
years for the commissioner appointed by the board of supervisors; and four (4)
years for the commissioners appointed by the City of Biloxi and the City of
Gulfport and four (4) years for the commissioners at large. Subsequent terms
shall be for a period of four (4) years.
(2) At the initial meeting
of the commission, the commission shall elect a president and a vice
president. Thereafter, the commission will annually, at the last meeting of
the fiscal year, elect a president and a vice president who shall serve in
their respective offices for the next fiscal year. The vice president shall
act in the absence or disability of the president. The commissioners shall
serve without salary but are entitled to receive per diem pay as provided for
in Section 25-3-69, Mississippi Code of 1972, and actual and
necessary expenses incurred while in the performance of any duties as a member
of the commission as provided in Section 25-3-4, Mississippi Code of 1972.
(3) Any commissioner who
does not attend three (3) consecutive regular meetings of the commission shall
be subject to removal by a majority vote of the Board of Supervisors of
Harrison County and shall be replaced with an appointment from the
governing authority which originally appointed him or her to serve out the
remainder of that term.
(4) The commissioner
presiding as president, or president pro tem, at any meeting of the commission
shall have the right to vote only to break a tie in the vote of the
commissioners present and voting. Each commissioner shall be required to give
bond in the sum of not less than Fifty Thousand Dollars ($50,000.00), with
sureties qualified to do business in this state, and the premiums on the bonds
shall be an expense of the commission. Each bond shall be payable to the State
of Mississippi. The condition of each bond shall be that each commissioner
will faithfully perform all duties of his or her office and account for all
monies or other assets which shall come into his or her custody as a
commissioner of the commission.
(5) A quorum for any
meeting of the commission shall be the majority of total membership of the
commission, excluding vacant positions. All business of the commission shall
be transacted or authorized by the vote of the commission.
(6) The commission shall
conduct regular meetings as set forth in its bylaws. The commission shall
establish rules and regulations regarding its meetings and may amend such
bylaws, rules, and regulations as may be necessary to conduct the business of
the commission.
Section 3. (1) The
commission shall prepare a budget consistent with its bylaws estimating
its expenses and revenue needs for each forthcoming fiscal year
at least ninety (90) days prior to the beginning of each fiscal
year. The budget prescribed in this subsection shall be voted on and approved
by the Harrison County Board of Supervisors prior to adoption of such budget by
the commission.
(2) The commission shall
have the authority to receive and spend funds from any source.
Section 4. Subject
to the approval of the Harrison County Board of Supervisors, the commission
shall have the right and powers necessary to make any rule and enforce any
rule, regulation or fee to carry out the purposes of this act * * *including, but not limited to, the following:
(a)
To adopt and enforce rules and regulations governing motor vehicles for
hire which operate within Harrison County. These rules and regulations may
include charges and fees to be paid to the commission both by operators of
motor vehicles for hire and by businesses engaged in the motor vehicle for hire
industry;
(b)
To adopt rules and regulations establishing rates of fare and charges
authorized to be imposed by operators and businesses subject to the
commission's jurisdiction;
(c)
To adopt rules and regulations requiring routine inspections of motor vehicles
for hire and establishing applicable fees for conducting said inspections;
(d)
To adopt rules and regulations prohibiting the transfer of any permit, license,
certificate of registration, or any other documentation issued by the
commission;
(e)
To adopt rules and regulations regarding the suspension or revocation of any
permit, license, certificate of registration, or any other documentation issued
by the commission. Any person whose permit, license, certificate of registration,
or other documentation issued by the commission has been suspended or revoked
may appeal to the circuit court from such order in the manner provided for
appeals from orders of the governing authority of municipalities, but such
appeal shall not operate as a supersedeas of the order;
(f)
To adopt rules and regulations requiring registration and numbering of vehicles
utilized as a motor vehicle for hire within Harrison County;
(g)
To sue and be sued in its own name and to enjoy all the protections,
immunities, and benefits provided by the Mississippi Tort Claims Act, as it may
be amended from time to time;
(h)
To maintain office space at such place or places within the boundaries of
Harrison County as the commission may determine;
(i)
To own or lease real or personal property;
(j)
To invest monies of the commission on such terms and in such manner as the
commission deems proper;
(k)
To apply for, accept, and utilize grants, gifts, and other funds from any
source for any purpose necessary in support of the purpose of this act;
(1)
To employ and terminate staff including, but not limited to, attorneys and
consultants as may be necessary;
(m)
To enter into contracts for all operational needs of the commission including,
but not limited to, contracts for conducting inspections of vehicles and for
conducting background checks of applicants;
(n)
To request, receive, view, and retain copies of any criminal record pertaining
to any applicant for a permit, license, certificate of registration, or any
other documentation issued by the commission;
(o)
To enter into contracts with any person or any public agency in furtherance of
any of the purposes authorized by this act. Any such contract may extend over
any period of time, including a term which extends beyond the term of the
majority of the existing commissioners, notwithstanding any provision or rule
of law to the contrary, may be upon such terms and for such consideration,
nominal or otherwise, as the parties thereto shall agree and shall be binding
upon the parties thereto according to its term;
(p)
To contract with any governing authorities within Harrison County under any
terms mutually agreed to by the parties to carry out any powers, duties, or
responsibilities granted by this act, or by any other laws to such governing
authority;
(q)
To acquire insurance for the commission's property, real or personal, to insure
against all risks as any insurance may, from time to time, be available; and
(r)
To apply for, contract for, accept, receive, and administer gifts, grants,
appropriations and donations of money, materials, and property of any kind,
including loans and grants from the United States, the state, a unit of local
government, or any agency, department, district, or instrumentality of any of
the foregoing, upon any terms and conditions as the United States, the state, a
unit of local government, or any agency, department, district, or
instrumentality of any of the foregoing shall impose.
(2)
(a) Before any change is made to a fee or regulation, as authorized by this
section, the commission shall publish in at least one (1) newspaper as defined
in Section 13‑3‑1, et seq., Mississippi Code of 1972, having
general circulation within the county a public notice that describes the
proposed change to the fee or regulation for a period of thirty (30) days for
comments concerning the proposed change in the fee or regulation. In addition
to the public notice, the commission shall mail thirty (30) days before the
public hearing, prescribed in this section, to any individual or owner or
operator of a motor vehicle for hire the proposed change in any fee or
regulation that may impact such owner or operator.
(b)
During the comment period, the commission shall conduct at least one (1) public
hearing concerning the proposed changes. The commission shall publish twice in
at least one (1) newspaper as defined in Section 13‑3‑1, having
general circulation within the county, a notice conspicuously displayed
containing the time and place of the hearing and the location where the
proposed change is available for review. After the public hearing, the
commission shall consider all comments and relevant data presented at the
hearing before final adoption of proposed fees or regulations. The failure of
any person to submit comments within the time period established by this
subsection shall not preclude action by the commission.
(3)
Notwithstanding the duties, responsibilities, and authority of the commission
defined in this section, the commission shall have neither authority nor
jurisdiction over railroads operated within or through Harrison County,
parochial school buses, rental cars, car pools, vehicles subject to the
jurisdiction of the Public Service Commission or the Interstate Commerce
Commission, or vehicles owned by or operated while under contract with a public
transportation system or other public agency.
Section 5. (1) No person may drive or operate motor
vehicles for hire within the geographic boundaries of Harrison County unless
he or she shall first have been licensed so to do by the commission. The
commission may adopt rules and regulations establishing standards for the
determination of whether it is in the best interest of the health, welfare, and
safety of the citizens of the State of Mississippi to grant any individual an
operator's license or permit.
(2)
The commission may require the applicant for an operator's permit or license to
give a reasonable bond to guarantee the faithful observance of the law as well
as the rules and regulations established by the commission.
(3)
If the commission refuses to grant an operator's permit or license to an
applicant, an appeal may be taken to the circuit court, in the manner provided
by law for appealing from other orders of the governing authorities of
municipalities, and the questions to be tried upon appeal will be as to whether
the best interest of the health, welfare, and safety of the citizens of the
State of Mississippi would be served by permitting said applicant to pursue
such vocation in Harrison County.
Section 6. (1) No permit, license, certificate of
registration, or any other documentation shall be issued by the commission to
the owner or operator of any motor vehicle owned or operated for hire
in Harrison County, unless and until such owner or operator shall
have filed with, and the same has been approved by, the commission, an
insurance policy, or certificates of insurance in lieu thereof, issued
by some insurance company authorized to transact business in this state,
in an amount required by the commission, conditioned to pay any final
judgment against the owner or operator for personal injuries or property
damages resulting from or arising out of the use, maintenance or operation of
the motor vehicle.
(2)
The insurance policy or bond, filed with the commission as required by this
section, shall contain a provision or endorsement to the effect that the same
shall not be cancelled for any cause by either party thereto unless and until
ten (10) days' written notice thereof shall have been given to the commission.
Section 7. The commission is authorized and empowered to
negotiate, enter into and promulgate reciprocity agreements with other
political subdivisions concerning the licensure and permitting requirements for
motor vehicles for hire.
Section 8. (1) Any person or persons who may
violate any of the rules or regulations established by the
commission shall be guilty of a misdemeanor, and, upon conviction, shall be
fined not more than Two Hundred Dollars ($200.00) in addition to any
revocation or suspension of any permit, license, certificate of registration,
or any other documentation issued by the commission.
(2)
To provide additional enforcement mechanisms, the Harrison County Board of Supervisors as well as
any municipality within Harrison County may adopt an ordinance
making it a misdemeanor to violate any of the rules or regulations
established by the commission. Any such misdemeanor violation may be
prosecuted either in the Justice Court of Harrison County, by the commission or
the county or in the municipal court in the municipality in which the
infraction occurred by the municipality.
* * *
Section 5. (1) * * *
The Board of Supervisors of Harrison County is authorized to abolish the
commission; however, before such abolishment may occur, the board shall give a
sixty (60) day notice of its intent to all cities within the county.
(2) * * *
If at anytime the Board of Supervisors of Harrison County elects to abolish
the commission, as authorized under this subsection, each city within Harrison
County may adopt ordinances for the regulation of motor vehicles for hire.
* * *
Section * * *96. This act shall stand
repealed from and after * * *January 31, 2013 July 1, 2014.
SECTION 2. This act
shall take effect and be in force from and after its passage.