Bill Text: MS SB2007 | 2016 | Regular Session | Introduced
Bill Title: County engineers to provide public school districts with annual list of bridges affecting transportation routes; require.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-23 - Died In Committee [SB2007 Detail]
Download: Mississippi-2016-SB2007-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Education; Highways and Transportation
By: Senator(s) Gollott
Senate Bill 2007
An act to amend section 65-17-203, Mississippi code of 1972, to require county engineers to provide public school districts with an annual list of bridges that could affect public school district transportation routes; to amend section 65-1-10, Mississippi code of 1972, to require the executive director of the department of transportation to provide public school districts with an annual list of bridges that could affect school district transportation routes and provide public school districtS WITH written notification of changes in bridge conditionS that could affect school district transportation routes; to amend section 65-17-1, Mississippi code of 1972, to require county road managers to provide public school districtS WITH written notification of changes in bridge conditionS that could affect school district transportation routes; to amend section 65-19-67, Mississippi code of 1972, to require county boardS of supervisors to provide public school districtS WITH written notification of changes in bridge conditionS that could affect school district transportation routes if the county does not employ a county road manager; to amend section 21-37-4, Mississippi code of 1972, to require the governing authority of municipalities to provide public school districtS with written notification of changes in bridge conditionS that could affect school district transportation routes; and for related purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 65-17-203, Mississippi Code of 1972, is amended as follows:
65-17-203. The duties of the county engineer shall be to prepare all plans and estimates for the construction of bridges and superintend their construction, to make all estimates and plans of work to be done in the construction and maintenance of roads and superintend the work, to go over the report to the board of supervisors what work should be done to properly upkeep and maintain all roads and bridges in the county, and to check over and report to the board of supervisors on all estimates before payment by the board of supervisors of all work done on public roads. The county engineer shall provide public school districts located within county boundaries with an annual list on or before the first of July of all bridges located on local road systems in the county and in incorporated municipalities thereof that could affect school district transportation routes including, but not limited to, bridges closed to traffic, bridges posted with weight restrictions that apply to school buses, or bridges with any other condition that could affect the safety of students being transported by school districts.
The engineer may be required
to furnish plans and estimates, and may superintend the construction of any
road under the supervision of the * * * Mississippi
Department of Transportation, if the * * * Mississippi Department
of Transportation may so elect. The purpose of this section is to provide
a means whereby the board of supervisors and the * * * Mississippi Department
of Transportation may cooperate in such work, when same can be done, and
reduce the expense of construction of any road.
SECTION 2. Section 65-1-10, Mississippi Code of 1972, is amended as follows:
65-1-10. Under the authority of the Mississippi Transportation Commission, and in conformity with its orders as spread on its minutes, the executive director shall:
(a) Unless otherwise provided by law, appoint a director in charge of each operating office of the department who shall be responsible to the executive director for the operation of such office. Each such director shall be qualified and experienced in the functions performed by the office under his charge;
(b) Administer the policies promulgated by the commission;
(c) Supervise and direct all administrative and technical activities of the department;
(d) Organize the offices and bureaus of the department;
(e) Coordinate the activities of the various offices of the department;
(f) Fix the compensation of employees of the department and require any employee to give bond to the State of Mississippi for the faithful performance of his duties in an amount the executive director deems appropriate. Premiums on all bonds so required shall be paid out of any funds available to the department;
(g) Recommend such studies and investigations as he may deem appropriate and carry out the approved recommendations in conjunction with the various offices;
(h) Prepare and
deliver to the Legislature and the Governor on or before January 1 of each
year, and at such other times as may be required by the Legislature or
Governor, a full report of the work of the department and the offices thereof,
including a detailed statement of expenditures of the department and any
recommendations the department may have * * *;
(i) Have full and general supervision over all matters relating to the construction or maintenance of the state highways, letting of contracts therefor, and the selection of materials to be used in the construction of state highways under the authority conferred by this chapter as herein set forth and the employment, promotion, demotion, reprimand, suspension, termination, reassignment, transfer, moving or relocation of all personnel not specifically authorized by statute to be employed by the commission. The executive director may authorize the payment of expenses of any personnel reassigned, transferred, moved or relocated in accordance with such rules and regulations as are promulgated by the commission;
(j) Approve all bids, sign all vouchers and requisitions, issue all orders for supplies and materials, sign all contracts and agreements in the name of the State of Mississippi, and subscribe to all other matters which may arise in the carrying out of the intent and purpose of this chapter;
(k) Receive and assume control, for the benefit of the state, of any and all highways herein or hereafter fixed as roads constituting a part of the state highway system;
(l) Provide for boulevard stops, restricted entrances to main highways and access driveways, neutral grounds, and roadside parks, erect all suitable direction and warning signs, and provide access roads in or to municipalities where necessary; provide limited access facilities when and where deemed necessary, such a facility being defined as a highway or street especially designed or designated for through traffic and over, from or to which owners or occupants of abutting land or other persons have only such limited right or easement of access as may be prescribed by the commission, and provide that certain highways or streets may be parkways from which trucks, buses and other commercial vehicles shall be excluded or may be freeways open to customary forms of highway and street traffic and use, and such limited access facilities or parkways may be planned, designated, established, regulated, vacated, altered, improved, constructed and maintained and rights-of-way therefor specifically obtained, either by purchase, gift, condemnation or other form of acquisition;
(m) Construct bridges with or without footways, and sidewalks where deemed essential to decrease hazards;
(n) Perform services for the Department of Finance and Administration on state property, including, but not limited to, engineering services, and to advance such funds to defray the cost of the expenses incurred in performing such services from out of Transportation Department funds until such department is reimbursed by the Department of Finance and Administration;
(o) Perform all duties
authorized by Section 27-19-136, Mississippi Code of 1972, concerning the
assessment and collection of permit fees, fines and penalties * * *;
(p) Provide public school districts with an annual list on or before the first of July of all bridges located on the state highway system that could affect school district transportation, including, but not limited to, bridges closed to traffic, bridges posted with weight restrictions that apply to school buses, and bridges with any other condition that could affect the safety of students being transported by school districts; and
(q) Provide written notification to public school districts of changes in bridge conditions that could affect school district transportation routes for bridges located on the state highway system, including, but not limited to, bridges closed to traffic, bridges open to traffic, changes to posted weight restrictions on bridges that apply to school buses, and any other conditions that could affect the safety of students being transported by school districts within one (1) business day from the change in bridge conditions.
SECTION 3. Section 65-17-1, Mississippi Code of 1972, is amended as follows:
65-17-1. (1) This section, relating to the establishment of a county road department, the employment of a county road manager and prescribing the powers and duties of the county road manager, shall not be mandatory in any county which is not required to operate under a countywide system of road administration; provided, however, such county may, by order of the board of supervisors, adopt all or part of the procedures prescribed by this section.
(2) The board of supervisors of each county shall establish a county road department. The board of supervisors shall adopt the general policies to be followed in administration of the county road department and shall appoint as administrative head of the county road department a county road manager who shall be educated or experienced in the construction and maintenance of highways, bridges and other facets of county highway responsibilities. Provided, however, that in any county which, on July 1, 1988, employed two (2) county road managers each of whom managed an administrative division of the county for road construction and maintenance, the board of supervisors may continue to employ two (2) county road managers. The county road manager shall not be a member of the board of supervisors. The county road manager, under the policies determined by the board of supervisors and subject to the board's general supervision and control, shall administer the county road department, superintend the working, construction and maintaining of the public roads and the building of bridges in such county, and carry out the general policies of the board in conformity with the estimates of expenditures fixed in the annual budget as finally adopted by the board or as thereafter revised by appropriate action of the board. All requisitions for the purchase and repair of all equipment, heavy equipment, machinery, supplies, commodities, materials and services for the county road department shall be prepared by the county road manager and submitted to the county department of purchasing for processing in accordance with the central purchasing system. The county road manager shall serve at the will and pleasure of the board of supervisors and may be removed from such position by a majority vote of the board.
(3) The county road manager shall receive such compensation, to be paid from the county road and bridge funds, as the board of supervisors shall determine. The county road manager, before entering upon his duties, shall give bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in a penalty in such amount as may be approved by the board of supervisors, but not less than Fifty Thousand Dollars ($50,000.00).
(4) A county may appoint as county road manager the same person whom it has under the law employed as its county engineer for its state aid road system, provided that such county road manager is being compensated by the county for serving as county road manager and for all duties, if any, that he performs as county engineer by payment of an annual salary and not on the basis of a percentage of the cost of road projects.
(5) Nothing shall preclude one (1) person from serving two (2) or more counties as county road manager by agreement between such counties.
(6) Nothing in this section shall be construed to require new county personnel to be employed but, to the extent practicable, an existing county employee shall be appointed as the county road manager.
(7) The responsibility for construction and maintenance of all "local farm roads" (including bridges) as the same are defined in Sections 65-9-1 and 65-9-3, Mississippi Code of 1972, together with all functions not vested by law in the county state aid engineer in the construction and maintenance of state aid roads shall be vested in the county's road department.
(8) The county road manager each year shall prepare, or shall assist the county administrator (if one has been appointed) in the preparation of, a tentative road budget containing all proposed expenditures for the ensuing fiscal year for construction and maintenance of county roads and bridges and the operation of the county road department. Such tentative road budget shall be submitted to the board of supervisors for incorporation, with such modification as the board may adopt, in the county budget, as prescribed by law.
(9) The county road manager shall employ, subject to approval of the board of supervisors, such assistants and employees as may be necessary in conformity with the budget and county policies and procedure with respect to personnel and subject to approval of the board as to salary or other compensation to be paid. He shall have supervision and jurisdiction over personnel and assignments of personnel engaged in the work of the road department. He may purchase, lease or hire such equipment and purchase such materials and supplies as may be necessary for operation of the county road department in conformity with the budget, in accordance with the central purchase system and existing laws and subject to approval of the board as to price or rental. He shall have jurisdiction over the assignment of equipment needed in performance of the work of the county road department.
(10) The board of supervisors may, by a majority vote of the entire board, supersede any act of the road manager or change, modify or revoke any act which has been completed by the road manager, provided the change, modification or revocation does not constitute a breach of contract.
(11) The county road manager shall provide written notification to public school districts located within the county of changes in bridge conditions that could affect school district transportation routes for bridges located on the local road system in the county, including, but not limited to, bridges closed to traffic, bridges open to traffic, changes to posted weight restrictions on bridges that apply to school buses, and any other conditions that could affect the safety of students being transported by school districts within one (1) business day from the change in bridge conditions.
SECTION 4. Section 65-19-67, Mississippi Code of 1972, is amended as follows:
65-19-67. It shall be the duty of the boards of supervisors to build all bridges and culverts in districts coming under this chapter, the cost of which shall be paid out of either the county fund or the proceeds from the sale of bonds of said separate road district, in the discretion of the board of supervisors. If the county does not employ a county road manager, then the board of supervisors shall provide written notification to public school districts located within county boundaries of changes in bridge conditions that could affect school district transportation routes for bridges located on the local road system in the county including, but not limited to, bridges closed to traffic, bridges open to traffic, changes to posted weight restrictions on bridges that apply to school buses, and any other condition that could affect the safety of students being transported by school districts within one (1) business day from the change in bridge conditions.
SECTION 5. 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. 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.
The governing authorities of any municipality shall provide written notification to public school districts located within municipal corporate boundaries of changes in bridge conditions that could affect school district transportation routes for bridges located on the local road system in the incorporated municipality, including, but not limited to, bridges closed to traffic, bridges open to traffic, changes to posted weight restrictions on bridges that apply to school buses, and any other conditions that could affect the safety of students being transported by school districts within one (1) business day from the change in bridge conditions.
SECTION 6. This act shall take effect and be in force from and after July 1, 2016.
