Bill Text: MS SB3002 | 2014 | Regular Session | Introduced
Bill Title: Harrison County Motor Vehicle for Hire Commission; revise memebership and eliminate oversight by Harrison County.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-04-02 - Died In Committee [SB3002 Detail]
Download: Mississippi-2014-SB3002-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Local and Private
By: Senator(s) Tindell (By Request)
Senate Bill 3002
AN ACT TO AMEND CHAPTER 936, LOCAL AND PRIVATE LAWS OF 2010, AS AMENDED BY CHAPTER 959, LOCAL AND PRIVATE LAWS OF 2012, AS AMENDED BY CHAPTER 901, LOCAL AND PRIVATE LAWS OF 2013, TO REVISE THE MEMBERSHIP OF THE HARRISON COUNTY MOTOR VEHICLE FOR HIRE COMMISSION; TO ELIMINATE RESPONSIBILITIES FOR OVERSIGHT OF THE COMMISSION BY HARRISON COUNTY; TO CLARIFY THE POWERS AND DUTIES OF THE COMMISSION; TO PROVIDE FOR APPEALS FROM CERTAIN DECISIONS OF THE COMMISSION; TO PROVIDE THAT VIOLATIONS OF RULES AND REGULATIONS ESTABLISHED BY THE COMMISSION SHALL BE MISDEMEANORS; 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, as amended by Chapter 901, Local and Private Laws of 2013, 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 * * * may be adopted by and
incorporated into ordinances by Harrison County and municipalities located
within Harrison County and any such rule, regulation and fee adopted
by and incorporated into an ordinance by such political jurisdictions in
Harrison County pertaining to motor vehicles for hire may be enforced by the
commission, Harrison County or any municipality in which a violation of any
rule, regulation or ordinance may occur.
(2) For purposes of this
act, "motor vehicle for hire" means * * * 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 engaged. 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
( * * *g) 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 municipal governing authorities
of Harrison County * * * as
provided in this act.
(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; and
* * *
( * * *vi) 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; * * * 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 * * * of a
quorum of commissioners in attendance at any meeting 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. * * *
(2) The commission shall have the authority to receive and spend funds from any source in accordance with the laws of the State of Mississippi.
Section 4. * * * 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, which 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 regulation 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 the 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 of 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 authorities 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 terms.
(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 to any insurance may, from time to time, be available.
(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. Section 5. (1) * * * No person may drive or operate a motor vehicle for hire
within the geographic boundaries of any municipality located in 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 the 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 the owner or operator shall have filed with the commission an insurance policy and the policy has been approved by the commission, or in lieu thereof certificates of insurance, 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 policy or bond 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 violates any of the rules and 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, 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. Where such ordinance has not been adopted by the governing authorities of a municipality, the commission may file charges for any misdemeanor violation in the Justice Court of Harrison County, Mississippi, if the violation occurred in an unincorporated portion of Harrison County, or in the municipal court of the municipality where the violation occurred. Any misdemeanor may be prosecuted by any municipality that has adopted such ordinance in the municipal court of the municipality in which the violation occurred.
* * *
SECTION 2. This act shall take effect and be in force from and after July 1, 2014.
