Bill Text: MS HB824 | 2016 | Regular Session | Engrossed


Bill Title: Hospitality stations; authorize Mississippi Transportation Commission to enter into agreements to offset the cost of building and operating.

Spectrum: Bipartisan Bill

Status: (Failed) 2016-03-22 - Died In Committee [HB824 Detail]

Download: Mississippi-2016-HB824-Engrossed.html

MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Transportation

By: Representatives Busby, Dixon

House Bill 824

(As Passed the House)

AN ACT TO AMEND SECTION 65-31-5, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE MISSISSIPPI TRANSPORTATION COMMISSION TO ENTER INTO AGREEMENTS WITH OTHER ENTITIES TO OFFSET THE COSTS OF BUILDING OR OPERATING A HOSPITALITY STATION; TO PROVIDE THAT THE COMMISSION MAY ERECT CERTAIN SIGNS ACKNOWLEDGING THE AGREEMENT; TO AMEND SECTION 49-23-3, MISSISSIPPI CODE OF 1972, TO EXEMPT SIGNS ACKNOWLEDGING AN AGREEMENT TO OFFSET COSTS OF HIGHWAY HOSPITALITY STATIONS FROM THE OUTDOOR ADVERTISING LAW; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 65-31-5, Mississippi Code of 1972, is amended as follows:

     65-31-5.  (1)  Both the * * *State Highway Commission Mississippi Transportation Commission and the agricultural and industrial board in exercising the powers granted in this chapter are hereby authorized to accept private donations and public grants which may be available to them, respectively, for the furtherance of the purposes of this chapter.  In addition thereto, either or both of such agencies may expend, for the purposes of this chapter, any funds available to them not otherwise specifically designated for a different public purpose.  Each of such agencies shall cooperate with other state agencies in carrying out the provisions of this chapter. 

     (2)  The Mississippi Transportation Commission is further authorized to enter into agreements with other entities to offset all or part of the costs associated with building and/or operating any facility under this chapter.  The Mississippi Transportation Commission may approve and erect, within its discretion, a suitable sign or other marker at the site of the facility to acknowledge such entities, provided the sign or marker is not visible from the highway.  In addition, the commission may approve and erect signs on the right-of-way acknowledging the sponsorship, in accordance with applicable state and federal rules and regulations.

          SECTION 2.  Section 49-23-3, Mississippi Code of 1972, is amended as follows:

     49-23-3.  As used in Sections 49-23-1 through 49-23-29:

          (a)  "An unzoned commercial or industrial area" is an area determined by actual land uses which is commercial, industrial, marketing or mercantile, along a state controlled route and extending outward along one (1) side of such highway not more than eight hundred (800) feet from the edge of such activity.

          (b)  "Areas which are zoned industrial or commercial" means an area along a state controlled route that has been zoned or rezoned as industrial or commercial under the authority of any law of this state, which shall include, without limiting the generality of the foregoing, zoning districts customarily referred to as "B" or business, "C" or commercial, "I" or industrial, "M" or manufacturing and "S" or service and all similar classifications.

          (c)  "Commission" means the Mississippi Transportation Commission.

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

          (e)  "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish an advertising message.

          (f)  "Great River Road" means that portion of highway located within this state as officially designated by the Federal Highway Administration pursuant to the provisions of Title 23, United States Code, "Highways."

          (g)  "Information center" means an area or site established and maintained at safety rest areas for the purpose of informing the public of places of interest within the state and providing such other information as the commission may consider desirable.

          (h)  "Interstate system" means that portion of the national system of interstate and defense highways located within this state, as officially designated, or as may hereafter be so designated, by the commission, and approved pursuant to the provisions of Title 23, United States Code, "Highways."

          (i)  "Maintenance" means repair, replacement, change, renovation or improvement of any outdoor advertising sign as defined herein.  Maintenance shall not include the removal or destruction of any outdoor advertising sign.

          (j)  "National highway system" means that portion of the national system of interstate and defense highways located within this state, as officially designated, or as may hereafter be so designated by the commission, and approved pursuant to the provisions of Title 23, United States Code, "Highways."

          (k)  "Outdoor advertising" or "outdoor advertising sign" means by outdoor signs, display, light, device, figure, painting, drawing, message, plaque, poster, billboard, or other thing which is designated, intended or used to advertise or inform, any part of which is visible from any place on the main-traveled way of a state controlled route.  "Outdoor advertising" or "outdoor advertising sign" does not include any sign erected or caused to be erected by the Mississippi Transportation Commission under Section 65-31-5.

          (l)  "Primary system" means that portion of connected main highways, as officially designated by the commission, and approved pursuant to the provisions of Title 23, United States Code, "Highways."

          (m)  "Safety rest area" means an area or site established and maintained within or adjacent to the right-of-way or under public supervision or control, for the convenience of the traveling public.

          (n)  "Scenic byway" means a highway that is designated as a scenic byway under Section 65-41-1 et seq. without regard to qualification as a Federal Scenic Byway, meaning that both "state" scenic byway as well as "federal" scenic byway shall be included under the general category of "scenic byway."

          (o)  "State controlled routes" means the Interstate System, the Federal Primary System, the National Highway System, the Great River Road and any scenic byways as defined herein along with any additions or deletions thereto as the Federal Highway Administration shall determine by federal statutes or regulations.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2016.


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