House Bill 43

AN ACT TO AMEND SECTION 17-5-15, MISSISSIPPI CODE OF 1972, TO AUTHORIZE COUNTY BOARDS OF SUPERVISORS TO ALLOW THE USE OF COUNTY VEHICLES AND ROAD EQUIPMENT BETWEEN THE VARIOUS DEPARTMENTS OF THE COUNTY IN THE PERFORMANCE OF SUCH OFFICES' DUTIES AND RESPONSIBILITIES WITHOUT THE NECESSITY OF REIMBURSEMENT; TO AUTHORIZE THE TRANSFER OF COUNTY VEHICLES OR ROAD EQUIPMENT BETWEEN VARIOUS DEPARTMENTS OF THE COUNTY FOR A NOMINAL FEE OR WITHOUT THE NECESSITY OF REIMBURSEMENT AS DETERMINED BY THE BOARD TO BE IN THE BEST INTEREST OF THE COUNTY'S TAXPAYERS; TO REQUIRE THE BOARD TO SPREAD UPON ITS MINUTES ANY DECISION TO PERMIT THE USE OR TRANSFER OF VEHICLES OR ROAD EQUIPMENT IN THE COUNTY'S FLEET OF VEHICLES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 17-5-15, Mississippi Code of 1972, is amended as follows:

17-5-15. (1) The governing authorities of any county and the governing authorities of any municipality, are each authorized, in their discretion, upon order duly adopted and entered upon their official minutes, to lend to or to enter into leases with other counties or municipalities for the use of county-owned or municipally owned equipment and operators of such equipment. Such equipment and operators may be lent or leased for such amount and in accordance with such terms and conditions as the governing authorities may prescribe; however, such equipment and operators may be used only in the performance of public projects of a county or municipality. The lending or lease agreements also may include an equipment operator's fee equal to the average hourly salary that is paid to all operators of such county-owned or municipally owned equipment by the county or municipality that lends or leases the equipment. Proceeds from the lending or leasing of such equipment shall be deposited into the road and bridge fund of the county or the municipal general fund, as the case may be.

(2) The board of supervisors of any county may authorize the use of county vehicles and road equipment within the county's fleet of vehicles by any department of the county without necessity of cost reimbursement from one (1) division of the county to another division for such use of vehicles or road equipment in the performance of the duties and responsibilities assigned to such division. Additionally, the board, in its discretion, may authorize the transfer of vehicles or road equipment between departments of the county for a nominal amount or without the necessity of cost reimbursement as determined by the board to serve the best interest of the taxpayers of the county. However, if the board allows the countywide inter-departmental use or transfer of county vehicles or road equipment, the same shall be spread upon the minutes of the board authorizing such use and the duration thereof or transfer.

SECTION 2. This act shall take effect and be in force from and after July 1, 2017.