Bill Text: MS HB1211 | 2013 | Regular Session | Introduced
Bill Title: Road repairs; require counties and municipalities to repair with employees of the governmental entity.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2013-02-05 - Died In Committee [HB1211 Detail]
Download: Mississippi-2013-HB1211-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Transportation
By: Representative Dixon
House Bill 1211
AN ACT TO AMEND SECTIONS 21-37-4, 65-7-81, 65-7-83, 65-7-85 AND 65-7-95, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT ROAD REPAIR WORK BE PERFORMED BY EMPLOYEES OF THE GOVERNMENTAL ENTITY PERFORMING SUCH WORK; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 21-37-4, Mississippi Code of 1972, is amended as follows:
21-37-4. The governing authorities of any municipality, in their discretion, may grade, gravel, shell, overlay, repair and maintain gravel, shell, asphalt or concrete roads, driveways and parking lots and grounds of public schools located within the corporate boundaries of the municipality. Any work performed under the authority of this section shall be performed by employees of the governmental entity where such work is performed. Before engaging in such work, the governing authorities shall spread upon their minutes, the written request of the school board for the work, the written approval of the governing authorities for the work and the specific location of the road, driveway, parking lot or school grounds to be worked.
SECTION 2. Section 65-7-81, Mississippi Code of 1972, is amended as follows:
[With regard to any county which is exempt from the provisions of Section 19-2-3, this section shall read as follows:]
65-7-81. The board of supervisors of any county in the state may construct, reconstruct, maintain, or contribute to the construction, reconstruction, and maintenance of any state highway declared by legislative act expressly to be such highway or which, in accordance with law, has been taken over by the State Highway Department for construction, reconstruction, or maintenance; and this section shall apply to such state highway within as well as without the limits of any municipality and, when within such limits, with or without the consent of the municipal authorities. In such cases and for said purposes the board of supervisors, for and in the name of the county, may fully exercise the right of eminent domain within any municipality, and it shall be the duty of the board so to do on the lawful demand of the State Highway Department. This section shall apply also to said state highways within a separate road district, or districts, adjacent to a municipality. Any work preformed under the authority of this section shall be performed by employees of the governmental entity where such work is performed.
[With regard to any county which is required to operate on a countywide system of road administration as described in Section 19-2-3, this section shall read as follows:]
65-7-81. The board of supervisors of any county in the state may construct, reconstruct, maintain or contribute to the construction, reconstruction and maintenance of any state highway declared by legislative act expressly to be such highway or which, in accordance with law, has been taken over by the State Highway Department for construction, reconstruction or maintenance; and this section shall apply to such state highway within as well as without the limits of any municipality and, when within such limits, with or without the consent of the municipal authorities. In such cases and for said purposes the board of supervisors, for and in the name of the county, may fully exercise the right of eminent domain within any municipality, and it shall be the duty of the board so to do on the lawful demand of the State Highway Department. Any work performed under the authority of this section shall be performed by employees of the governmental entity where such work is performed.
SECTION 3. Section 65-7-83, Mississippi Code of 1972, is amended as follows:
65-7-83. The board of supervisors of any county may, by consent of or agreement with the proper governing authorities of any municipality within such county, assume concurrent jurisdiction over any street in such municipality for maintenance purposes where such street is a continuation of or intersects a local or county road already under the jurisdiction of such board of supervisors.
Such consent or agreement to the assumption of said concurrent jurisdiction shall be entered into only by the entering of an order on the minutes of both of said boards.
The liability heretofore imposed by law upon any municipality for or on account of the negligent construction or maintenance of any municipal street shall not be changed, diminished, or increased in any way by the provisions of this section.
Said boards of supervisors may, in their discretion, authorize the use of county-owned machinery and equipment in the construction and maintenance of municipal streets, whether or not said streets intersect a local or county road.
Any work performed under the authority of this section shall be performed by employees of the governmental entity where such work is performed.
SECTION 4. Section 65-7-85, Mississippi Code of 1972, is amended as follows:
65-7-85. The several counties of the state, acting by and through the boards of supervisors thereof, are hereby invested, within their discretion, with full authority to expend monies and to do, within any municipalities of the county all acts regarding construction and maintenance of roads and streets that they may do within the county outside the limits of said municipalities.
The authority granted under this section shall be construed as additional and cumulative to all existing authority for the expenditure of county funds within municipalities.
Any work performed under the authority of this section shall be performed by employees of the governmental entity where such work is performed.
SECTION 5. Section 65-7-95, Mississippi Code of 1972, is amended as follows:
65-7-95. The methods of constructing, reconstructing and maintaining the public roads and bridges in this state, other than those under the actual charge of the State Highway Department, shall be as follows:
Any county * * *
shall purchase
implements and material through its central purchase system; * * *
shall employ labor; may * * *
construct * * * and reconstruct * * * the public roads; shall
maintain the public roads; may build bridges; * * *
may do any and all things necessary to be done to * * *
construct * * *
and reconstruct * * * the public roads and to build
bridges as herein provided; and shall do any and all things necessary to
work and maintain the public roads and bridges as provided herein. If, in
the opinion of the board of supervisors, any part of the work necessary to be
done in * * * constructing * * * and reconstructing, * * *
the public roads and
in building bridges in such county, or any part or parts thereof, can best be
done by awarding contracts therefor, the board of supervisors may advertise for
bids and make contracts therefor in accordance with the provisions of Section
31-7-13; and the board of supervisors may, in its discretion, use any funds
heretofore or hereafter raised by bond issue or otherwise for * * *
constructing * * * and reconstructing, * * *
the
public roads and for building bridges as herein provided. In no event shall
any contract provided above be awarded that shall extend beyond thirty (30)
days from the termination and end of the term of office of the members of the
boards of supervisors awarding same.
Before any board of
supervisors may hire, lease or rent any heavy road machinery or equipment for
use in the construction * * *, or reconstruction * * * of any county road or bridge,
such board of supervisors shall first adopt an order adjudicating the necessity
for leasing or renting such machinery or equipment, the purposes for which it
is to be used, the type of such machinery or equipment and the reasons why the
leasing or renting thereof will promote the public interest of the county. Such
order shall also direct the clerk of the board of supervisors to advertise for
bids for such machinery or equipment, which bids shall be returnable on a day
to be fixed by the board of supervisors, in accordance with Section 31-7-13.
All contracts for the leasing or renting of such machinery or equipment shall be awarded to the lowest and best responsible bidder whose bid price or rental consideration is not in excess of the current rates and charges fixed and prescribed by the Nielsen/Data Quest publication, which rates and charges fixed and prescribed by the Nielsen/Data Quest publication shall be on file with the Governor's Office of General Services at that time.
All invoices submitted for the leasing or renting of such machinery or equipment shall identify the equipment by number and name and shall include the number of hours of labor performed and the dates thereof.
All maintenance work shall be performed by employees of the governmental entity where such work is performed.
SECTION 6. This act shall take effect and be in force from and after July 1, 2013.
