Miss. Code Ann. § 59-7-13 — MS Code / Title 59 / Chapter 7 / Section 7-13
Miss. Code Ann. § 59-7-13
Status: in_force

All of the bonds issued pursuant to the authority set forth in Section 59-7-11 shall be lithographed or engraved, and printed in two (2) or more colors, to prevent counterfeiting, and shall be in sums not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) each, and shall be registered as issued, be numbered in a regular series from one (1) upward, be signed by the mayor and countersigned by the clerk who shall impress the municipal seal upon each bond as it is issued; and every bond shall specify on its face the purpose for which it was issued; and the total amount authorized to be issued and each shall be payable to bearer. All such monies above referred to, as retained by the boards of supervisors, shall first be appropriated by the boards of supervisors for the payment of interest and sinking fund for any and all bonds issued by the municipality for port purposes and the balance, if any, shall be expended by the boards of supervisors by and under the direction and advice of the port commission of said municipality. However, in case there is not sufficient money to pay the interest and sinking funds on said bonds the corporate authorities of municipalities issuing said bonds shall levy annually a special levy to be used exclusively in paying the interest on each bond and bonds maturing within the year providing a sinking fund for the redemption of the bonds issued. However, such tax levy shall not be made by municipalities to pay bonds, nor the interest thereon, issued under article 7 of this chapter.

Notwithstanding the foregoing provisions of this section, bonds referred to hereinabove may be issued pursuant to the supplemental powers and authorizations conferred by the provisions of the Registered Bond Act, being Sections 31-21-1 through 31-21-7 .
Miss. Code Ann. § 59-6-5 — MS Code / Title 59 / Chapter 1 / Section 6-5
Miss. Code Ann. § 59-6-5
Status: in_force

The basic form of the compact shall be as follows:

ARTICLE I. The purpose of this compact is to promote the development of a deep draft harbor and terminal to be located on the continental shelf of the United States, in the Gulf of Mexico, and to establish a joint interstate authority to assist in this effort.

ARTICLE II. This compact shall become effective immediately upon ratification by the legislature of each state. Any state not mentioned in this section which is contiguous with any member state may become a party to this compact, subject to approval by the legislature of each of the member states.

ARTICLE III. The states which are parties to this compact (hereinafter referred to as “party states”) do hereby establish and create a joint agency which shall be known as the Gulf Coast Superport Development Authority (hereinafter referred to as the “Authority”). The membership of which authority shall consist of the governor of each party state and five (5) other citizens of each party state, to be appointed by the governor thereof. Each appointive member of the authority shall be a citizen of that state who is interested in the promotion and development of deep draft harbor and terminals, and in the economic and industrial development of the south. The appointive members of the authority shall serve for terms of four (4) years each. Vacancies on the authority shall be filled by appointment by the governor for the unexpired portion of the term. The members of the authority shall not be compensated, but each shall be entitled to actual expenses incurred in attending meetings, or incurred otherwise in the performance of his duties as a member of the authority. The members of the authority shall hold regular quarterly meetings and such special meetings as its business may require. They shall choose annually a chairman and vice-chairman from among their members, and the chairmanship shall rotate each year among the party states in order of their acceptance of this compact. The secretary of the authority (hereinafter provided for) shall notify each member in writing of all meetings of the authority in such a manner and under such rules and regulations as the authority may prescribe. The authority shall adopt rules and regulations for the transaction of its business; and the secretary shall keep a record of all its business and shall furnish a copy thereof to each member of the authority. It shall be the duty of the authority, in general, to promote, encourage, and coordinate the efforts of the party states to secure the development of a Gulf Coast deep draft harbor and terminal. Toward this end, the authority shall have power to hold hearings; to conduct studies and surveys of all problems, benefits, and other matters associated with the development of a Gulf Coast deep draft harbor and terminal, and to make reports thereon; to acquire, by gift or otherwise, and hold and dispose of such money and property as may be provided for the proper performance of their function; to cooperate with other public or private groups, whether local, state, regional, or national, having an interest in the development of deep draft harbors and terminals; to formulate and execute plans and policies for emphasizing the purpose of this compact before the Congress of the United States and other appropriate offices and agencies of the United States; and to exercise such other powers as may be appropriate to enable it to accomplish its functions and duties in connection with the development of a deep draft harbor and terminal and to carry out the purposes of this compact.

ARTICLE IV. The authority shall appoint an executive secretary, who shall be the compact administrator. His term of office shall be at the pleasure of the authority and shall receive such compensation as the authority shall prescribe. He shall maintain custody of the authority's books, records, and papers, which he shall keep at the office of the authority, and he shall perform all functions and duties, and exercise all powers and authorities, that may be delegated to him by the authority.

ARTICLE V. Each party state agrees that, when authorized by its legislature, it will from time to time make available and pay over to the authority such funds as may be required for the establishment and operation of the authority. The contribution of each party state shall be in the proportion that its population bears to the total population of the states which are parties hereto, as shown by the most recent official report of the United States Bureau of the Census, or upon such other basis as may be agreed upon.

ARTICLE VI. Nothing in this compact shall be construed so as to conflict with any existing statute, or to limit the powers of any party state, or to repeal or prevent legislation, or to authorize or permit curtailment or diminution of any other harbor or terminal project, or to affect any existing or future cooperative arrangement or relationship between any federal agency or a party state.

ARTICLE VII. This compact shall continue in force and remain binding upon each party state until the legislature or governor of each or either state takes action to withdraw therefrom; provided that such withdrawal shall not become effective until six (6) months after the date of the action taken by the legislature or governor. Notice of such action shall be given to the other party state or states by the secretary of state of the party state which takes such action.
Miss. Code Ann. § 59-5-33 — MS Code / Title 59 / Chapter 3 / Section 5-33
Miss. Code Ann. § 59-5-33
Status: in_force

The agreement between the board and the city, county or other authorized port or harbor agency shall provide that a fair and proportionate part of the expense of the board administering this chapter, shall be considered a part of the cost of the development or operation of the planned development and such costs shall be paid into a separate state fund in the state treasury, to be known as the state ports fund. Such fund shall be used by the board for the promotion, development, construction, improvement, expansion, maintenance, advertising, and general advancement of the state harbors, ports, rivers, channels, and waterways and may be expended on requisition of the board for such purposes and such other purposes as in the opinion of the board is to the best interest of the ports, harbors, and waterways of this state. The salaries of all officers, employees, or agents of the board, performing duties required by this chapter, and all other expenses incidental to the port, harbor, or waterway operation of the board shall be fixed by the board and payable out of said fund. The board may contract with one or more state port authorities, or any city, county or other authorized port or harbor agency for any joint activity or for the joint employment of personnel with the expense of the activity or salary of such personnel to be paid by the board from operational funds provided by the contracting parties.
Miss. Code Ann. § 59-17-27 — MS Code / Title 59 / Chapter 9 / Section 17-27
Miss. Code Ann. § 59-17-27
Status: in_force

The agreement between the board and the participating counties or other authorized agency shall provide that a fair and proportionate part of the expense of the board administering this chapter shall be considered a part of the cost of the development or operation of the planned development, and such costs shall be paid into a separate state fund in the state treasury, to be known as the “state inland ports fund.” Such fund shall be used by the board for the promotion, development, construction, improvement, expansion, maintenance, advertising, and general advancement of the state harbors, ports, rivers, channels, and waterways and may be expended on requisition of the board for such purposes and such other purposes as in the opinion of the board is to the best interest of the ports, harbors, and waterways of this state. The salaries of all officers, employees, or agents of the board, performing duties required by this chapter, and all other expenses incidental to the port, harbor, or waterway operation of the board shall be fixed by the board and payable out of said fund. The board may contract with one or more state inland port authorities, or any city, county or other authorized port or harbor agency for any joint activity or for the joint employment of personnel with the expense of the activity or salary of such personnel to be paid by the board from operational funds provided by the contracting parties.
Miss. Code Ann. § 59-17-9 — MS Code / Title 59 / Chapter 1 / Section 17-9
Miss. Code Ann. § 59-17-9
Status: in_force

There is hereby vested in the board the duty to implement such declared public policy as herein provided. Wide latitude and discretion shall be vested in the board in the exercise of its powers and duties, and the enumeration of specific rights, powers, and duties of said board, when followed by general powers, shall not be construed in the restrictive sense.
Miss. Code Ann. § 59-7-501 — MS Code / Title 59 / Chapter 3 / Section 7-501
Miss. Code Ann. § 59-7-501
Status: in_force

The board of supervisors of any county which has elected or hereafter may elect to establish a port commission under the provisions of Article 3 of this chapter, and which desires to improve its port and harbor facilities by the construction, maintenance and operation of any revenue-producing port and/or harbor facility or facilities may issue revenue bonds of such county to provide funds for such purpose.
Miss. Code Ann. § 59-23-1 — MS Code / Title 59 / Chapter 13 / Section 23-1
Miss. Code Ann. § 59-23-1
Status: in_force

This chapter shall be known and may be cited as the “Alcohol Boating Safety Act.”
Miss. Code Ann. § 59-25-15 — MS Code / Title 59 / Chapter 17 / Section 25-15
Miss. Code Ann. § 59-25-15
Status: in_force

Issuance of a certificate of number shall be prima facie evidence of ownership of a vessel and entitles a person to a certificate of title, but certificate of number and certificate of title shall be subject to rebuttal.
Miss. Code Ann. § 59-11-7 — MS Code / Title 59 / Chapter 9 / Section 11-7
Miss. Code Ann. § 59-11-7
Status: in_force

The county port and harbor commission shall have the powers and duties vested in the county port authority or the county development commission by chapter 9 of this title. However, no county in which a county port and harbor commission has been created, as provided in this chapter, shall be entitled to receive any portion of the state ad valorem tax made available for port improvement purposes under the provisions of Section 59-7-103 , unless and until such county has made application to the Mississippi Board of Economic Development, and such board shall first adjudicate and determine the feasibility of the project for which application for such funds is made, as provided in Section 59-7-103 .
Miss. Code Ann. § 59-3-37 — MS Code / Title 59 / Chapter 1 / Section 3-37
Miss. Code Ann. § 59-3-37
Status: in_force

Any public or private corporation authorized by Sections 59-3-31 through 59-3-37 to make application for the privilege of establishing, operating and maintaining such foreign-trade zone, whose application is granted pursuant to the terms of the Act of Congress referred to in Section 59-3-33 , is hereby authorized to establish such foreign-trade zone and to operate and maintain the same, subject to the conditions and restrictions of said Act of Congress, and any amendments thereto, and under such rules and regulations and for the period of time that may be prescribed by the board established by said Act of Congress to carry out the provisions of said Act of Congress.
Miss. Code Ann. § 59-15-15 — MS Code / Title 59 / Chapter 1 / Section 15-15
Miss. Code Ann. § 59-15-15
Status: in_force

Any municipality issuing bonds or other obligations pursuant to this chapter by resolution or resolutions duly adopted, is hereby given authority to execute and deliver a mortgage or deed of trust on any or all lands, properties, improvements and facilities, the acquisition, construction, maintenance or operation of which are provided for by this chapter. Such resolution or resolutions of such municipality shall prescribe the provisions, covenants and conditions of any such mortgage or deed of trust. Such provisions, covenants and conditions, if not self-executing, may be enforced by appropriate proceedings, either in law or in equity.
Miss. Code Ann. § 59-17-15 — MS Code / Title 59 / Chapter 15 / Section 17-15
Miss. Code Ann. § 59-17-15
Status: in_force

The board, in addition to the monies which may be received by it from the sale of bonds, the proceeds of a loan, and from the collection of revenues, rents and earnings derived under the provisions of this chapter, shall have the authority to accept from any public or private agency, or from any individual grants or loans for or in aid of the construction of any planned development, or for the payment of bonds, and to receive and accept contributions from any source, of money or property or other things of value to be held, used and applied only for the purposes for which such grants, loans or contributions may be made.
Miss. Code Ann. § 59-7-505 — MS Code / Title 59 / Chapter 5 / Section 7-505
Miss. Code Ann. § 59-7-505
Status: in_force

All bonds shall bear interest at such rate or rates as may be determined by resolution of the board of supervisors of the county issuing them, not to exceed an overall maximum interest rate to maturity than that allowed in Section 75-17-103, Mississippi Code of 1972 . No bond shall bear more than one (1) rate of interest; each bond shall bear interest from its date to its stated maturity date at the interest rate specified in the bid; all bonds of the same maturity shall bear the same rate of interest from date to maturity; all interest accruing on such bonds so issued shall be payable semiannually or annually, except that the first interest coupon attached to any such bond may be for any period not exceeding one (1) year.

No interest payment shall be evidenced by more than one (1) coupon and neither cancelled nor supplemental coupons shall be permitted; the lowest interest rate specified for any bonds issued shall not be less than sixty percent (60%) of the highest interest rate specified for the same bond issue. The interest rate of any one (1) interest coupon shall not exceed the maximum interest rate allowed on such bonds.

Each interest rate specified in any bid must be in multiples of one-eighth of one percent ( 1 / 8 of 1%) or in multiples of one-tenth of one percent ( 1 / 10 of 1%), and a zero rate of interest cannot be named.
Miss. Code Ann. § 59-7-119 — MS Code / Title 59 / Chapter 7 / Section 7-119
Miss. Code Ann. § 59-7-119
Status: in_force

When the results of the election on the question of the issuance of bonds under the provisions of this article shall have been canvassed by the election commissioners of such county and certified by them to the board of supervisors of such county, it shall be the duty of such board of supervisors to determine and adjudicate whether or not three-fifths ( 3 / 5 ths) of the qualified electors who voted in such election voted in favor of the issuance of such bonds and, unless three-fifths ( 3 / 5 ths) of the qualified electors who voted in such election shall have voted in favor of the issuance of such bonds, then such bonds shall not be issued. Should three-fifths ( 3 / 5 ths) of the qualified electors who vote in such election vote in favor of the issuance of such bonds, then the board of supervisors of the county may issue such bonds, either in whole or in part, within two years from the date of such election, or within two years after the final favorable termination of any litigation affecting the issuance of such bonds, as such board shall deem best.
Miss. Code Ann. § 59-7-405 — MS Code / Title 59 / Chapter 1 / Section 7-405
Miss. Code Ann. § 59-7-405
Status: in_force

(1)(a) The governing authorities of any municipality in which there is situated and located, in whole or in part, a port or harbor through which commerce flows, and having not less than eight (8) industries engaged in the seafood industry, which maintains a channel and/or harbor to a depth of not less than eight (8) feet, may engage in, either directly or through the commission hereinafter provided and designated, and such other agencies as hereafter may be provided by law, works of internal improvement, or promoting, developing, constructing, maintaining and operating harbors or seaports within the state and its jurisdiction, and either directly or through the commission hereinafter provided for, with the power and authority to acquire, purchase, install, rent, lease, mortgage and/or otherwise encumber, to construct, own, hold, maintain, equip, use, control and operate at seaports or harbors, wharves, piers, docks, warehouses, cold storage facilities, water and rail terminals, airplane landing fields and strips, and other structures and facilities, needful for the convenient use of the same in the aid of commerce and navigation, and including the dredging of channels and approaches to the facilities, and being authorized to fill in and reclaim bottomlands where incidental and necessary to the foregoing development.

(b) A municipality, which is operating a port through a port commission under this section, may dissolve the port commission as provided in Section 59-7-408 and directly operate and maintain the port as provided under this article.

(2) The municipal authorities or commission, in connection with the exercise of the foregoing works of improvement and development, may as an adjunct to any such work of improvement or development to erect or construct such bridges, causeways or structures as may be required for access to and from the harbors or facilities provided as aforesaid by the municipal authorities or the commission, and including any necessary bridge or causeway or combination of the same, connecting with any island or islands lying within three (3) leagues of the main shoreline of the Mississippi Sound or the Gulf of Mexico, and whether the same be within or without the limits of the municipality concerned.

(3) The municipal authorities or commission may procure, by gift, grant, purchase, or by the exercise of eminent domain, and for the public purposes and uses herein provided for, such land or interest therein as may be required for the purposes of this article, and regardless of whether the land be within or without the limits of the municipality involved.

(4) The municipal authorities or commission, in the exercise of the powers granted hereunder, may provide any of the aforesaid facilities alone or in collaboration and in conjunction with any other public bodies, entities or commissions, as may now or hereafter be established by law.

(5) The municipal authorities or commission may provide, among other harbor facilities, small craft and pleasure craft harbors and facilities needed therefor, including park and recreational facilities as an adjunct thereto, and in order to develop and promote tourist and recreational trade in the port.

(6) The municipal authorities or commission have the power and authority to carry out the provisions of this article, to employ engineers, attorneys, and such employees as may be necessary in carrying out the provisions of this article, from time to time, and for the purpose of operating the facilities herein provided for, and may prescribe reasonable compensation in connection with such employment.
Miss. Code Ann. § 59-5-69 — MS Code / Title 59 / Chapter 1 / Section 5-69
Miss. Code Ann. § 59-5-69
Status: in_force

Each state port shall adopt a complete, detailed and itemized budget for each fiscal year and all expenditures shall be made only pursuant to appropriation approved by the legislature and as provided by law.
Miss. Code Ann. § 59-9-51 — MS Code / Title 59 / Chapter 1 / Section 9-51
Miss. Code Ann. § 59-9-51
Status: in_force

A county-wide election shall be held to determine whether such bonds, as are provided for in Sections 59-9-37 and 59-9-41 , may be issued. Upon the calling of an election, notice of such election shall be signed by the clerk of the board of supervisors and shall be published once a week for at least three consecutive weeks in at least one newspaper published in such county. The first publication of such notice shall be made not less than twenty-one days prior to the date fixed for such election, and the last publication shall be made not more than seven days prior to such date. If no newspaper is published in such county, then such notice shall be given by publishing the same for the required time in some newspaper having a general circulation in such county and, in addition, by posting a copy of such notice for at least twenty-one days next preceding such election in three public places in such county. Such election shall be held, as far as is practicable, in the same manner as other elections are held in counties. At such election, all qualified electors of such county may vote, and the ballots used at such election shall have printed thereon a brief statement of the amount and purpose of the proposed bond issue and the words “FOR THE BOND ISSUE” and “AGAINST THE BOND ISSUE,” and the voter shall vote by placing a cross (x) or check (✓) opposite his choice on the proposition. When the results of the election on the question of the issuance of such bonds shall have been canvassed by the election commissioners of such county and certified by them to the board of supervisors of such county, it shall be the duty of such board of supervisors to determine and adjudicate whether or not a majority of the qualified electors who voted thereon in such election shall have voted in favor of the issuance of such bonds, and unless a majority of the qualified electors who voted thereon in such election shall have voted in favor of the issuance of such bonds, then such bonds shall not be issued. Should a majority of the qualified electors who vote thereon in such election vote in favor of the issuance of such bonds, then the board of supervisors of the county may issue such bonds, either in whole or in part, within two years from the date of such election, or within two years after the final favorable termination of any litigation affecting the issuance of such bonds, as such board shall deem best. However, the board of supervisors, in its discretion may, in lieu of the foregoing provisions, adopt a resolution reciting its intention to issue bonds for the purposes authorized by this chapter, stating the amount of bonds proposed to be issued and the date upon which further action will be taken by the board looking toward the issuance of such bonds. Such resolution shall be published once a week for at least three successive weeks in a newspaper published and of general circulation within such county. The first of such publications shall be made at least twenty-one days prior to the date set forth in said resolution as the date upon which further action will be taken by the board, and the last of such publications shall be made not more than seven days prior to such date. If, prior to the date set forth as aforesaid, there shall be filed with the clerk of such board a petition in writing signed by twenty per cent (20%) of the qualified electors of such county, requesting an election on the question of the issuance of such bonds, then such bonds shall not be issued unless authorized by a majority of the qualified electors of such county who vote thereon at an election to be ordered by such board for that purpose. Notice of such election shall be given and such election shall be held and conducted in like manner as provided by law with respect to the submission of other county bond issues in such county. If the proposition so submitted shall fail to receive approval at such election, then no further proceedings for the issuance of such bonds shall be had or taken within a period of six months from and after the date of such election. If, however, no such petition shall be so filed, or if at such election, or subsequent election, such proposition be assented to by a majority of the qualified electors voting thereon, then such board of supervisors shall be authorized to proceed with the issuance of such bonds without further election.
Miss. Code Ann. § 59-13-3 — MS Code / Title 59 / Chapter 1 / Section 13-3
Miss. Code Ann. § 59-13-3
Status: in_force

The board of supervisors of any county described in Section 59-13-1 shall have authority to employ competent engineers or architects to make necessary plans and specifications for such harbor improvements and buildings which the board may deem necessary and proper to be constructed in connection therewith and said plans and specifications, after the same have been approved by said board, shall be filed with its clerk and the board shall adopt an order to be spread upon its minutes giving notice of its intention to issue bonds to provide funds for such improvements, or any of them, as shown by said plans and specifications.
Miss. Code Ann. § 59-17-47 — MS Code / Title 59 / Chapter 9 / Section 17-47
Miss. Code Ann. § 59-17-47
Status: in_force

The funds which are transferred from the sale of bonds under this chapter to the special fund in the qualified depositories set up for each separate port, harbor, or part thereof, may be withdrawn only in the following manner: said funds shall be paid by such qualified depositories upon warrants issued by the state auditor of public accounts, which warrants shall be issued upon requisition of the board or state inland port authority. All expenditures ordered by the board or state inland port authority shall be entered upon their minutes, and the board and each state inland port authority shall submit a full report of their work and all the transactions carried on by them, and a complete statement of all their revenues and expenditures to the legislature at each regular session of the legislature.
Miss. Code Ann. § 59-7-315 — MS Code / Title 59 / Chapter 6 / Section 7-315
Miss. Code Ann. § 59-7-315
Status: in_force

Any municipality issuing bonds or other obligations pursuant to this article by resolution or resolutions duly adopted, is hereby given authority to execute and deliver a mortgage or deed of trust, in such form, with such validity and with such remedies as at present authorized under the laws of the State of Mississippi, on any or all properties, improvements and facilities, the acquisition, construction, maintenance and/or operation of which are provided for by this article. Such resolution or resolutions of said municipality shall prescribe the provisions, covenants and conditions of any such mortgage or deed of trust. Such provisions, covenants and conditions, if not self-executing, may be enforced by appropriate proceedings, either in law or in equity.
Miss. Code Ann. § 59-7-119 — MS Code / Title 59 / Chapter 1 / Section 7-119
Miss. Code Ann. § 59-7-119
Status: in_force

When the results of the election on the question of the issuance of bonds under the provisions of this article shall have been canvassed by the election commissioners of such county and certified by them to the board of supervisors of such county, it shall be the duty of such board of supervisors to determine and adjudicate whether or not three-fifths ( 3 / 5 ths) of the qualified electors who voted in such election voted in favor of the issuance of such bonds and, unless three-fifths ( 3 / 5 ths) of the qualified electors who voted in such election shall have voted in favor of the issuance of such bonds, then such bonds shall not be issued. Should three-fifths ( 3 / 5 ths) of the qualified electors who vote in such election vote in favor of the issuance of such bonds, then the board of supervisors of the county may issue such bonds, either in whole or in part, within two years from the date of such election, or within two years after the final favorable termination of any litigation affecting the issuance of such bonds, as such board shall deem best.
Miss. Code Ann. § 59-17-3 — MS Code / Title 59 / Chapter 13 / Section 17-3
Miss. Code Ann. § 59-17-3
Status: in_force

It is hereby declared to be the public policy of the state to aid the industrial development and economy of the state through the acquisition, promotion, development, improvement and expansion of inland ports and attendant industrial sites.
Miss. Code Ann. § 59-23-3 — MS Code / Title 59 / Chapter 21 / Section 23-3
Miss. Code Ann. § 59-23-3
Status: in_force

For the purposes of this chapter, the following terms shall have the following meanings unless the context shall prescribe otherwise:

(a) “ Chemical test ” means an analysis of a person's blood, breath, urine or other bodily substance for the determination of the presence of alcohol or any other substance which may impair a person's mental or physical ability.

(b) “ Intoxicated ” means under the influence of alcohol or any combination of alcohol, controlled substance or drugs, so that there is impaired thought and action and loss of normal control of a person's faculties to such an extent as to endanger any person.

(c) “ Law enforcement officer ” means any officer described in Section 63-11-19 and includes a conservation officer employed by the Mississippi Department of Wildlife, Fisheries and Parks and a marine law enforcement officer employed by the Department of Marine Resources.

(d) “ Prima facie evidence of intoxication ” includes evidence that at the time of an alleged violation there was eight one-hundredths percent (.08%) or more by weight of alcohol in the person's blood.

(e) “ Public waters ” means all public waters over which the state has jurisdiction.

(f) “ Watercraft ” means a motorized vessel with a motor of twenty-five (25) horsepower or greater used for transportation on public waters and personal watercraft (jet skis).

(g) “ Operates a watercraft ” or “ operation of a watercraft ” shall mean a watercraft that is underway in the water.
Miss. Code Ann. § 59-9-37 — MS Code / Title 59 / Chapter 3 / Section 9-37
Miss. Code Ann. § 59-9-37
Status: in_force

The board of supervisors of any county in which a county port authority or county development commission has been created pursuant to this chapter is hereby given authority to issue bonds or other obligations of such county in an amount not to exceed twenty percent (20%) of the assessed valuation of such county to provide funds for any purpose or purposes set out in this chapter. Such bonds may be issued at one (1) time or from time to time in such amount or amounts, shall bear such date or dates, shall be of such denomination or denominations, shall be payable at such place or places, shall bear interest at such rate or rates, not exceeding that allowed in Section 75-17-101, Mississippi Code of 1972 , shall mature in such amount or amounts and at such time or times, not exceeding twenty (20) years from the date thereof, with or without option of prior payment, and shall be executed in such manner, all as may be determined by the said board of supervisors. The resolution or order adopted by the board of supervisors authorizing said bonds may pledge the sources of revenue authorized under the statutes to pay the principal thereof and interest thereon, and all bonds issued under the one (1) resolution or order may be equally secured and entitled to be paid. In event, however, such board of supervisors elects to delay actual delivery or sale of any part of the bonds so authorized, either until the proceeds thereof are needed, or upon the happening or occurrence of any event or thing, then and in that event the bonds so authorized and any part thereof shall be secured and be entitled to be paid, both as to principal and interest in accordance with the terms and conditions to be fixed and recited in said resolution or order. In anticipation of the issuance of the definitive bonds authorized by this chapter, any such county may issue interim certificates. Such interim certificates shall be in such form, contain such terms, conditions or provisions, bear such date or dates, and evidence such agreement or agreements relating to their discharge by payment or by the delivery of the definitive bonds, as such county, by resolution of its governing body, may determine. Whenever any county shall have issued bonds under this section or Section 59-9-41 , a portion of which remains outstanding and unpaid, and the governing authority of such county desires to refund all or any portion of such bonds or to issue additional bonds under this section or Section 59-9-41 , for the purpose herein or therein authorized and to consolidate all or any portion of such bonded indebtedness, such governing authority, by resolution or resolutions, may at any time authorize and direct the issuance of bonds. The proceeds of such new bonds shall be used to pay or provide for the payment of, at or prior to maturity, any outstanding and unpaid bonds (including any unpaid accrued interest thereon), and any balance of such proceeds not so utilized shall be used and expended for the purposes authorized by this chapter. In the event that such outstanding bonds, by the terms thereof, are redeemable prior to maturity at the option of such county, then such option of redemption may be exercised in the manner provided in such bonds. Such new bonds shall be issued in like manner and like incidence and shall be payable from the same source or sources and the payment thereof shall be secured in like manner as provided in this section or Section 59-9-41 provided in the case of the issuance of original bonds under this section or under Section 59-9-41 . In lieu of selling such portion of such new bonds as may be required to pay or provide for the payment of such outstanding bonds, such new bonds may be issued and delivered in exchange for and upon surrender and cancellation of a like amount of such outstanding bonds.

In addition and supplemental to the rights, duties and powers now or hereafter conferred by law upon counties having created a county port authority or county development commission, such counties are empowered and authorized to issue general obligation bonds of such counties as hereinabove provided, to acquire, establish, construct, develop, improve and maintain revetments, embankments, groins, sea walls, jetties, moles, breakwaters, gates, locks, dams, water basins, reservoirs, aqueducts, canals, water supply and distribution systems or pipelines and easements necessary thereto; and the acquisition, development and improvement of lands and property for any of such purposes. Such counties are further empowered and authorized to enter into contracts, agreements, assurances, or commitments with the United States of America, or any department or agency thereof, the state of Mississippi, or any department, political subdivision or agency thereof, or any person, firm or corporation relating or in connection with any power or duty authorized, imposed, or conferred upon such county by law, and to cooperate with and assist any public body or agency, or bodies or agencies, having jurisdiction of any waterway, port, harbor, or water development program, and to jointly exercise any or all of such powers as a joint operation with any other county or counties. Any such county or any party entering into any contract with any such county shall be entitled to maintain any action in any court of competent jurisdiction against the county or any other party to said contract to enforce any contractual right arising out of any such contract.

General obligation bonds issued under the provision of this section shall be payable from an ad valorem tax which may be levied without limit as to rate or amount upon all taxable property within the county.
Miss. Code Ann. § 59-7-321 — MS Code / Title 59 / Chapter 1 / Section 7-321
Miss. Code Ann. § 59-7-321
Status: in_force

In connection with the issuance of bonds or other obligations by any municipality pursuant to this article, or in order to secure the payment of said bonds or other obligations, such municipality shall have power:

(a) To accept grants from the United States of America, the president of the United States, the federal emergency administrator of public works, or such other agencies, instrumentalities or corporations as may be designated or created to make grants or loans (hereinafter termed “federal agency”) pursuant to the national industrial recovery act and any further act of the congress of the United States providing for the construction of useful public works (hereinafter termed “national industrial recovery act”), for or in aid of work, development or improvement authorized by this article.

(b) To make such contracts and execute such instruments containing such provisions, covenants and conditions as in the discretion of the authorities of any such municipalities may be necessary, proper or advisable for the purpose of obtaining or securing grants, loans, or other financial assistance from any federal agency pursuant to the national industrial recovery act; to make such further, different or additional contracts and execute all instruments necessary or convenient in or for the furtherance of any work, development or improvement, including but not limited to all property real and personal appurtenant thereto or connected therewith and the existing work, development or improvement, if any, to which the work, development or improvement authorized by this article is an extension, addition, betterment or embellishment (hereinafter termed “work, development or improvement”), to carry out and perform the terms and conditions of any such contract or instrument.

(c) To pledge all or any part of the fees, rents, tolls, revenues or other charges received or receivable by such municipality and/or port commission from any work, development or improvement to which its right then exists or the right to which may thereafter come into existence.

(d) To covenant against the pledging of all or any part of the fees, rents, tolls, revenues or other charges received or receivable by such municipality and/or port commission from any work, development or improvement to which its right then exists or the right to which may thereafter come into existence.

(e) To covenant against the encumbering of all or any part of any work, development or improvement or against permitting or suffering any lien thereon.

(f) To covenant as to what other or additional debt may be incurred by such municipality.

(g) To provide for the preparation, specifications, terms, form, registration, extension, execution and authentication of any bonds or other obligations, issued pursuant to this article.

(h) To provide for the replacement of lost, destroyed or mutilated bonds or other obligations issued pursuant to this article.

(i) To covenant as to the fees, rents, revenues or tolls to be charged, the amount to be raised each year or other period of time and as to the use and disbursement to be made thereof.

(j) To covenant to set aside or to pay over reserves and sinking funds and as to the disposal thereof.

(k) To redeem prior to maturity, with or without premium, bonds or other obligations issued pursuant to this article and to covenant for their prior redemption and to provide the terms and conditions thereof.

(l) To covenant against extending the time for the payment of the interest on or principal of the bonds or other obligations issued pursuant to this article directly or indirectly by any means or in any manner.

(m) To covenant as to books of account of such municipality and as to the inspection and audit thereof and as to the accounting methods.

(n) To covenant as to the rights, liabilities, powers and duties arising upon the breach by such municipality of any covenant, condition or obligation assumed pursuant to this article.

(o) To make such covenants and do any and all such acts and things as may be necessary, convenient or desirable in order to secure any bonds or other obligations issued pursuant to this article, or in the absolute discretion of the authorities of such municipality in order to make such bonds or other obligations more marketable, notwithstanding that such covenants, acts, or things may not be enumerated herein or expressly authorized herein; it being the intention hereby to give the authorities of any municipality issuing bonds or other obligations pursuant to this article the power to do all things in the issuance of said bonds or other obligations and for their execution that may not be inconsistent with the constitution of the State of Mississippi.
Miss. Code Ann. § 59-21-5 — MS Code / Title 59 / Chapter 15 / Section 21-5
Miss. Code Ann. § 59-21-5
Status: in_force

All sailboats and every undocumented vessel equipped with propulsion machinery, whether or not such machinery is the principal source of propulsion, using the territorial and navigable waters of the State of Mississippi, and every such vessel owned in the State of Mississippi and using the high seas shall be numbered in accordance with this chapter, except:

(1) Foreign vessels temporarily using the navigable waters of the State of Mississippi;

(2) Public vessels of the United States;

(3) State and municipal vessels used solely for official business and displaying proper visual identification on its hull;

(4) Ships' lifeboats;

(5) Vessels designated by the appropriate federal authority;

(6) Undocumented vessels used exclusively for racing;

(7) Undocumented vessels operating under valid temporary certificates of number;

(8) Vessels already covered by a number in full force and effect awarded pursuant to federal law, or a federally approved numbering system of another state, provided that such vessels shall not have been within this state for a period in excess of sixty (60) days. Nothing in this section shall prohibit the numbering of any undocumented vessel upon the request of the owner.
Miss. Code Ann. § 59-21-29 — MS Code / Title 59 / Chapter 6 / Section 21-29
Miss. Code Ann. § 59-21-29
Status: in_force

Each person registering a boat or boats under this chapter may at the same time register with the commission the serial numbers of all outboard motors owned by said person.
Miss. Code Ann. § 59-7-111 — MS Code / Title 59 / Chapter 3 / Section 7-111
Miss. Code Ann. § 59-7-111
Status: in_force

The board of supervisors of any county which shall have issued bonds under the provisions of this article shall, unless there be sufficient funds otherwise available therefor in the port bonds interest and sinking fund, annually levy a special tax upon all of the taxable property within such county at a rate which shall be sufficient to provide for the payment of the principal of and the interest on such bonds according to the terms thereof. All taxes thus collected shall be credited to a special fund in the county treasury of such county to be known and designated as the “port bonds interest and sinking fund,” and all sums credited to said fund shall be used to pay such bonds as they mature and the interest thereon as it accrues, and for no other purpose. It shall be the mandatory duty of such board of supervisors to transfer funds from said port fund to the port bonds interest and sinking fund in amounts sufficient to pay maturing principal and accruing interest on bonds issued hereunder, if balances standing to the credit of said port fund are sufficient for that purpose. To the extent that funds are thus made available for the payment of such bonds and the interest thereon, the special tax levy hereinabove provided for may be correspondingly reduced. The said bonds nevertheless shall be general obligations of the county issuing the same, and the full faith, credit and resources of such county shall be pledged to the payment thereof and the interest thereon.
Miss. Code Ann. § 59-7-321 — MS Code / Title 59 / Chapter 3 / Section 7-321
Miss. Code Ann. § 59-7-321
Status: in_force

In connection with the issuance of bonds or other obligations by any municipality pursuant to this article, or in order to secure the payment of said bonds or other obligations, such municipality shall have power:

(a) To accept grants from the United States of America, the president of the United States, the federal emergency administrator of public works, or such other agencies, instrumentalities or corporations as may be designated or created to make grants or loans (hereinafter termed “federal agency”) pursuant to the national industrial recovery act and any further act of the congress of the United States providing for the construction of useful public works (hereinafter termed “national industrial recovery act”), for or in aid of work, development or improvement authorized by this article.

(b) To make such contracts and execute such instruments containing such provisions, covenants and conditions as in the discretion of the authorities of any such municipalities may be necessary, proper or advisable for the purpose of obtaining or securing grants, loans, or other financial assistance from any federal agency pursuant to the national industrial recovery act; to make such further, different or additional contracts and execute all instruments necessary or convenient in or for the furtherance of any work, development or improvement, including but not limited to all property real and personal appurtenant thereto or connected therewith and the existing work, development or improvement, if any, to which the work, development or improvement authorized by this article is an extension, addition, betterment or embellishment (hereinafter termed “work, development or improvement”), to carry out and perform the terms and conditions of any such contract or instrument.

(c) To pledge all or any part of the fees, rents, tolls, revenues or other charges received or receivable by such municipality and/or port commission from any work, development or improvement to which its right then exists or the right to which may thereafter come into existence.

(d) To covenant against the pledging of all or any part of the fees, rents, tolls, revenues or other charges received or receivable by such municipality and/or port commission from any work, development or improvement to which its right then exists or the right to which may thereafter come into existence.

(e) To covenant against the encumbering of all or any part of any work, development or improvement or against permitting or suffering any lien thereon.

(f) To covenant as to what other or additional debt may be incurred by such municipality.

(g) To provide for the preparation, specifications, terms, form, registration, extension, execution and authentication of any bonds or other obligations, issued pursuant to this article.

(h) To provide for the replacement of lost, destroyed or mutilated bonds or other obligations issued pursuant to this article.

(i) To covenant as to the fees, rents, revenues or tolls to be charged, the amount to be raised each year or other period of time and as to the use and disbursement to be made thereof.

(j) To covenant to set aside or to pay over reserves and sinking funds and as to the disposal thereof.

(k) To redeem prior to maturity, with or without premium, bonds or other obligations issued pursuant to this article and to covenant for their prior redemption and to provide the terms and conditions thereof.

(l) To covenant against extending the time for the payment of the interest on or principal of the bonds or other obligations issued pursuant to this article directly or indirectly by any means or in any manner.

(m) To covenant as to books of account of such municipality and as to the inspection and audit thereof and as to the accounting methods.

(n) To covenant as to the rights, liabilities, powers and duties arising upon the breach by such municipality of any covenant, condition or obligation assumed pursuant to this article.

(o) To make such covenants and do any and all such acts and things as may be necessary, convenient or desirable in order to secure any bonds or other obligations issued pursuant to this article, or in the absolute discretion of the authorities of such municipality in order to make such bonds or other obligations more marketable, notwithstanding that such covenants, acts, or things may not be enumerated herein or expressly authorized herein; it being the intention hereby to give the authorities of any municipality issuing bonds or other obligations pursuant to this article the power to do all things in the issuance of said bonds or other obligations and for their execution that may not be inconsistent with the constitution of the State of Mississippi.
Miss. Code Ann. § 59-21-17 — MS Code / Title 59 / Chapter 17 / Section 21-17
Miss. Code Ann. § 59-21-17
Status: in_force

(1) The certificate of number shall include the following:

(a) Name and address of owner.

(b) Date of birth of owner.

(c) Present citizenship of owner (county, state, country).

(d) County in which vessel is principally used.

(e) Present number (if any).

(f) Hull material (wood, steel, aluminum, plastic, other).

(g) Type of propulsion (outboard, inboard, other).

(h) Type of fuel (gas, diesel, other).

(i) Length of vessel.

(j) Make and year built (if known).

(k) Statement as to use (pleasure, livery, dealer, manufacturer, commercial-passenger, commercial-fishing, commercial-other).

(l) A certificate of ownership by the applicant.

(m) Signature of owner.

(n) Number awarded to vessel.

(o) Expiration date of certificate.

(p) Notice to the owner that he shall report within fifteen (15) days changes of ownership or address, and destruction or abandonment of vessel.

(q) Notice to the owner that the operator shall:

(i) Always carry this certificate on vessel when in use.

(ii) Report every accident involving injury or death to persons, or property damage over One Hundred Dollars ($100.00).

(iii) Stop and render aid or assistance if involved in a boating accident.

(2) The commission shall furnish and ensure that the forms required by this section and Section 59-21-13 are stocked at various county offices, boat companies, fishing camps, marinas, with enforcement officers, and at such other places as to make them available to boat owners. The commission shall award certificates of number and shall keep current a consolidated record of all certificates of numbers awarded and renewals of numbers.

(3) Upon request, information on ownership and identity of numbered vessels shall be available to federal, state and local officials, as needed, in any enforcement or assistance programs. The records pertaining to the numbering of undocumented vessels pursuant to this chapter are considered to be public records. Information based on such records may be released upon oral or written inquiry, subject only to reasonable restrictions necessary to carry on the business of the office. The commission may permit excerpts to be made or the copying or reproduction thereof by a private individual or concern. The fees and charges for copying, certifying or searching of records for information shall be assessed in accordance with usual fees allowed for such services.
Miss. Code Ann. § 59-23-1 — MS Code / Title 59 / Chapter 9 / Section 23-1
Miss. Code Ann. § 59-23-1
Status: in_force

This chapter shall be known and may be cited as the “Alcohol Boating Safety Act.”
Miss. Code Ann. § 59-19-13 — MS Code / Title 59 / Chapter 11 / Section 19-13
Miss. Code Ann. § 59-19-13
Status: in_force

The members of the committee shall receive the same pay as jurors in the circuit court; and the sheriff shall receive such further sum, in addition to his fees, as the board of supervisors may allow; all costs to be paid by the petitioners for the condemnation of the lot.
Miss. Code Ann. § 59-19-1 — MS Code / Title 59 / Chapter 9 / Section 19-1
Miss. Code Ann. § 59-19-1
Status: in_force

Any three or more freeholders residing in any county bordering on the Mississippi River or other navigable river, bayou, bay, or inlet, may petition the board of supervisors of such county to cause a lot of ground, outside of a city, town, or village, on the bank of the river, bayou, bay, or inlet, to be designated and set apart as a boat landing and cotton-yard, for the use of the public, stating in the petition the name of the owner of the land proposed to be so taken; and said board shall thereupon appoint three of its members a committee to examine and determine whether such landing be required for public convenience, and, if so, to lay off and mark such lot of ground, not exceeding two acres, at such point as will be most convenient to the public.
Miss. Code Ann. § 59-9-65 — MS Code / Title 59 / Chapter 9 / Section 9-65
Miss. Code Ann. § 59-9-65
Status: in_force

(1) In addition to authority to issue bonds or other obligations pursuant to this chapter, the board of supervisors of any county which has a plan approved by the Mississippi Board of Economic Development for the planned development of any port, harbor or waterway, may, with the approval of the Mississippi Board of Economic Development, issue general obligation bonds of such county in the maximum principal amount of two million dollars ($2,000,000.00) to provide funds for the dredging of channel and harbor and preparation of site for the construction or acquisition of ships, vessels, shipyards, shipbuilding facilities, machinery and equipment, dredges, floating drydocks, graving docks, marine railways, tugboats, or any other facilities required or incidental to the construction, outfitting, drydocking or repair of ships or vessels.

(2) Such bonds may be issued at one (1) time or from time to time, in such amount or amounts, shall bear such date or dates, shall be of such denomination or denominations, shall be payable at such place or places, shall bear interest at such rate or rates, not exceeding that allowed in Section 75-17-101, Mississippi Code of 1972 , shall mature in such amount or amounts and at such time or times, not exceeding twenty (20) years from the date thereof, with or without option of prior payment, and shall be executed in such manner, all as may be determined by the said board of supervisors. No interest payment due on any bond shall be evidenced by more than one (1) coupon and supplemental coupons will not be permitted; the difference between the highest rate of interest specified for any bond issue shall not exceed the lowest rate of interest specified for the same bond issue by more than one and one-fourth percent (1- 1 / 4 %). Each interest rate specified in any bid must be in a multiple of one-eighth of one percent ( 1 / 8 of 1%) or one-tenth of one percent ( 1 / 10 of 1%) and a zero rate of interest cannot be named. Such bonds shall be signed by the president of the board of supervisors of such county, and the official seal of the county shall be affixed thereto, attested by the clerk of the board of supervisors of such county. The interest coupons to be attached to such bonds may be executed by the facsimile signatures of said officer. Whenever any such bonds shall have been signed by the officers herein designated to sign the bonds who were in office at the time of such signing but who may have ceased to be such officers prior to the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the signatures of such officers upon such bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially signing such bonds had remained in office until the delivery of the same to the purchaser or had been in office on the date such bonds may bear.

(3) Before issuing such bonds, the board of supervisors of such county shall adopt a resolution declaring its intention to issue such bonds, stating the amount of bonds proposed to be issued and the date upon which further action will be taken by the board looking toward the issuance of such bonds. Such resolution shall be published once a week for at least three (3) successive weeks in a newspaper published and of general circulation within such county. The first of such publications shall be made at least twenty-one (21) days prior to the date set forth in said resolution as the date upon which further action will be taken by the board, and the last of such publications shall be made not more than seven (7) days prior to such date. If, prior to the date set forth as aforesaid, there shall be filed with the clerk of such board a petition in writing signed by twenty percent (20%) of the qualified electors of such county, requesting an election on the question of the issuance of such bonds, then such bonds shall not be issued unless authorized by a majority of the qualified electors of such county who vote thereon at an election to be ordered by such board for that purpose. Notice of such election shall be given and such election shall be held and conducted in like manner as provided by law with respect to the submission of other county bond issues in the county. If, however, no such petition shall be so filed, or if at such election, or subsequent election, such proposition be assented to by a majority of the qualified electors voting thereon, then such board of supervisors shall be authorized to proceed with the issuance of such bonds without further election.

(4) The board of supervisors of such county shall sell such bonds in such manner and for such price as it may determine to be for the best interest of said county, but in no case to exceed the rate of interest hereinabove provided, but no such sale shall be made at a price less than par plus accrued interest to date of delivery of the bonds to the purchaser. Notice of the sale of any such bonds shall be published at least one (1) time not less than ten (10) days prior to the date of sale and shall be published in a newspaper published in and having general circulation within the county.

(5) The resolution or order adopted by the board of supervisors authorizing the issuance of said bonds shall pledge the sources of revenues authorized under the statutes to pay the principal thereof and interest thereon; and all bonds issued under one (1) resolution or order may be equally secured and entitled to be paid. In addition to such pledge, such bonds shall be payable from an ad valorem tax which may be levied without limit as to rate or amount upon all taxable property within the county.
Miss. Code Ann. § 59-17-21 — MS Code / Title 59 / Chapter 6 / Section 17-21
Miss. Code Ann. § 59-17-21
Status: in_force

In the event no three (3) counties shall contract on the basis provided for in Section 59-17-19 , then any master water management district may be considered an authorized agency and may enter into a contract with the board whereby they must agree to underwrite any deficits incurred from the operation of the port and/or obligations incurred by the board for the port authority. The board will contract with a master water management district only after they have been convinced that adequate security has been furnished the board to protect the state's investment.
Miss. Code Ann. § 59-21-127 — MS Code / Title 59 / Chapter 15 / Section 21-127
Miss. Code Ann. § 59-21-127
Status: in_force

It shall be the duty of all enforcement officers to enforce, and to obey and carry out all instructions, directions, rules and regulations of the commission with respect to the enforcement of the provisions of this chapter. Each enforcement officer shall account for and pay over, pursuant to law, all monies received by him under this chapter.

Such enforcement officers shall have the power, and it shall be their duty, to execute all warrants for violations of the rules and regulations of the commission and the provisions of this chapter; to serve subpoenas issued for the examination and investigation or trial of such violations; to board and examine, without warrant, any vessel required to be numbered under this chapter, to ascertain whether any of the provisions of this chapter or any rule or regulation of the commission has been or is being violated, and to use such force as may be necessary for the purpose of such examination and inspection; to arrest, without warrant, any person committing a violation of this chapter or the rules and regulations of the commission in the presence of the enforcement officers, and to take such person before a magistrate or court having jurisdiction for trial or hearing; and to exercise such other powers of peace officers in the enforcement of this chapter and the rules and regulations of the commission or of a judgment for the violation thereof, as are not herein specifically provided. No enforcement officers shall compromise or settle out of court any violation of the provisions of this chapter or any rule or regulation promulgated by the commission.
Miss. Code Ann. § 59-23-5 — MS Code / Title 59 / Chapter 7 / Section 23-5
Miss. Code Ann. § 59-23-5
Status: in_force

(1) A person who operates a watercraft in waters over which this state has jurisdiction shall be deemed to have given consent to submit to a chemical test or test of his breath for the purpose of determining the alcohol content of his blood, as a condition of operating the watercraft in this state.

(2) A law enforcement officer who has probable cause to believe that a person has committed an offense under this chapter shall offer the person the opportunity to submit to a chemical test. It is not necessary for the law enforcement officer to offer a chemical test to an unconscious person. A law enforcement officer may offer a person more than one (1) chemical test under this section. However, all tests must be administered within three (3) hours after the officer has probable cause to believe the person violated this chapter. If a person refuses to submit to a chemical test under this chapter, the person shall be informed by the law enforcement officer that the refusal to submit to the test shall subject him to arrest and punishment consistent with the penalties prescribed in Section 59-23-7 for persons submitting to the test, and that the court shall order the person not to operate a watercraft for at least one (1) year.

(3) If the chemical test results in prima facie evidence that the person is intoxicated, he shall immediately be arrested.

(4)(a) The law enforcement officer arresting a person pursuant to the provisions of this chapter shall inform the person arrested that:

(i) The person arrested has the right to be represented by legal counsel;

(ii) The person arrested may waive the right to be represented by legal counsel; and

(iii) The charge for which the person is being arrested may be used against him, upon conviction, for purposes of receiving an enhanced penalty as provided in Section 59-23-7 .

(b) The citation or affidavit which is issued to the person arrested shall be uniform throughout all jurisdictions in the State of Mississippi and shall contain a place for the arresting official to sign, stating that he has advised the person arrested of the information contained in paragraph (a) of this subsection. The judge hearing the case or accepting the guilty plea, as the case may be, shall sign in a place provided on the citation or affidavit stating that the person arrested either employed an attorney or waived his right to an attorney after having been advised pursuant to paragraph (a) of this subsection. If the person arrested employed an attorney, the name, address and telephone number of the attorney shall be written on the citation or affidavit.

(c) The Mississippi Department of Wildlife, Fisheries and Parks shall prepare and furnish, no later than July 1, 1995, to all jurisdictions in the State of Mississippi a uniform citation form consistent with this chapter, which shall be used in all jurisdictions in the State of Mississippi.

(d) The Mississippi Department of Wildlife, Fisheries and Parks shall notify, by whatever means it deems appropriate, all law enforcement officers who are authorized to enforce the provisions of this chapter of their obligation to provide the information and execute the citation or affidavit, as described in paragraphs (a) and (b) of this subsection.
Miss. Code Ann. § 59-7-303 — MS Code / Title 59 / Chapter 5 / Section 7-303
Miss. Code Ann. § 59-7-303
Status: in_force

An ad valorem tax of two mills on each one dollar of the total assessed valuation of all the taxable property in each county or counties in the State of Mississippi, in which there is located a harbor or port of entry where commodities are exported to foreign nations, and where there is maintained a channel and/or harbor or port to a depth of not less than twenty feet, be, and the same is hereby, levied on all said taxable property, in or for each year in which the principal of or interest on any bonds or other obligations issued by any municipality pursuant to this article becomes due. The receipts from said two-mill tax shall be withheld by the tax collector of said county, and/or by any other tax collecting agency authorized by law for the collection of said taxes, from receipts from state ad valorem taxes now in effect or which may be hereafter levied, so long as the state ad valorem taxes shall be not less than the two-mill tax herein levied. However, if no state ad valorem taxes equal to or greater than the said two-mill tax herein levied is now or shall be hereafter levied, then and in that event, the said two-mill tax herein levied shall continue to be levied and collected as herein provided in each such county or counties in or for each year in which the principal of or interest on any bonds or other obligations issued by any municipality pursuant to this article becomes due. The tax collector, and/or any other tax collecting agency authorized by law for the collection of said taxes, shall pay over all moneys collected or to be collected as receipts from said two-mill tax to any trustee or successor thereto established as hereinafter in this article provided, and in the event that there is no such trustee, then said tax collector, and/or any other tax collecting agency authorized by law for collection of said taxes, shall pay over all such moneys into the county depository of each such county to the credit of a fund which shall be known as a port fund. Any such moneys so paid into the county depository of each such county to the credit of said port fund may be expended at the direction of the port commission, appointed for any port of entry as designated in chapter 1 of this title. But in no county within the terms of this article shall there be withheld from the state treasury under the provisions of this article and Article 1 of this chapter, for any one year an amount in excess of the receipts from said two-mill tax. The provisions of this article shall be deemed to be a contract with the holders of any bonds or other obligations issued pursuant to this article.
Miss. Code Ann. § 59-17-3 — MS Code / Title 59 / Chapter 15 / Section 17-3
Miss. Code Ann. § 59-17-3
Status: in_force

It is hereby declared to be the public policy of the state to aid the industrial development and economy of the state through the acquisition, promotion, development, improvement and expansion of inland ports and attendant industrial sites.
Miss. Code Ann. § 59-21-121 — MS Code / Title 59 / Chapter 1 / Section 21-121
Miss. Code Ann. § 59-21-121
Status: in_force

Any person or organization sponsoring a regatta, motorboat or other boat race, marine parade, tournament or exhibition shall be responsible for providing adequate protection from marine traffic interference and hazards. The commission may adopt and may from time to time amend regulations governing the same.
Miss. Code Ann. § 59-25-15 — MS Code / Title 59 / Chapter 23 / Section 25-15
Miss. Code Ann. § 59-25-15
Status: in_force

Issuance of a certificate of number shall be prima facie evidence of ownership of a vessel and entitles a person to a certificate of title, but certificate of number and certificate of title shall be subject to rebuttal.
Miss. Code Ann. § 59-21-151 — MS Code / Title 59 / Chapter 9 / Section 21-151
Miss. Code Ann. § 59-21-151
Status: in_force

All peace officers and other law enforcement officials are hereby authorized, empowered and enjoined to enforce the provisions of this chapter within their respective jurisdictions.

It shall be the duty of each district attorney in this state and each county prosecuting attorney in each county of this state to prosecute and defend, for the state, in all courts of the county or counties in his district or county, all causes, criminal or civil, arising under the provisions of this chapter or under any rule or regulation adopted and promulgated under this chapter, in which the state may be a party or may be interested or concerned.
Miss. Code Ann. § 59-7-21 — MS Code / Title 59 / Chapter 1 / Section 7-21
Miss. Code Ann. § 59-7-21
Status: in_force

The proceeds of any bonds issued under the authority of this article shall be placed in the municipal treasury or depository, if there be one, as a special fund and shall be used for no other purpose than the purpose set forth in the original resolution of the corporate authorities of such municipality, and any officer diverting or assisting to divert any such funds to any other purpose than the purpose originally set forth in said resolution of the corporate authorities of said municipality shall be guilty of a misdemeanor and punishable accordingly, and shall be liable both personally and on his official bond for such diversion. Nothing in this article shall be construed as a guarantee on the part of the State of Mississippi to pay the interest or principal on any bonds issued under this article.
Miss. Code Ann. § 59-21-83 — MS Code / Title 59 / Chapter 13 / Section 21-83
Miss. Code Ann. § 59-21-83
Status: in_force

No vessel shall be operated within this state in a reckless or negligent manner or at a rate of speed greater than is reasonable and prudent under the then existing circumstances or when the operator is so physically or mentally incapacitated as to be incapable of safely operating such vessel, or while the operator is under the influence of intoxicating liquor or narcotics, or when such vessel is overloaded beyond its reasonable carrying capacity. The provisions of this section shall be applicable to all watercraft operating on the waters of this state inclusive of, but not limited to, undocumented or unnumbered vessels and shall specifically include all vessels exempted from numbering by Section 59-21-5 and surfboards, aquaplanes, airboats, water skis or other watercraft.
Miss. Code Ann. § 59-21-29 — MS Code / Title 59 / Chapter 7 / Section 21-29
Miss. Code Ann. § 59-21-29
Status: in_force

Each person registering a boat or boats under this chapter may at the same time register with the commission the serial numbers of all outboard motors owned by said person.
Miss. Code Ann. § 59-19-5 — MS Code / Title 59 / Chapter 5 / Section 19-5
Miss. Code Ann. § 59-19-5
Status: in_force

Should the report of the committee be confirmed, the board of supervisors shall direct its clerk to issue a writ to the sheriff of the county to summon twelve disinterested freeholders, competent jurors of the county, to meet on the premises, at a time to be fixed by the sheriff, of which the jurors and parties shall have five days' notice. The jury, being first sworn by the sheriff, shall assess the damages to be awarded to the owner of the land or other person, and shall reduce their finding to writing, and sign the same. The sheriff shall return the inquisition to the next meeting of the board, by whom the same shall be confirmed or set aside and a new jury ordered. And if the same shall be confirmed, the damages so awarded shall be paid by the parties applying to have said lot condemned and the costs of the proceeding. It shall not be lawful to enter upon or use the lot for any of the purposes for which it was condemned until the damages and the costs shall be paid or tendered.
Miss. Code Ann. § 59-9-29 — MS Code / Title 59 / Chapter 6 / Section 9-29
Miss. Code Ann. § 59-9-29
Status: reserved

Any county port authority or county development commission created under the provisions of this chapter is hereby vested with full jurisdiction and control of any and all lands lying within or adjacent to any river, bay or natural lake, which are below the mean high tide mark, and which lands lie within or adjacent to any port or harbor within the jurisdiction of such county port authority or county development commission. Any such county port authority or county development commission is hereby authorized to reclaim any and all such lands by filling, dredging, or other means, to utilize, lease, sell, or dispose of same for the development and operation of the port to the same extent it is now or may hereafter be authorized to utilize its other facilities. Any such county port authority or county development commission, pursuant to resolutions adopted by the port commission and the governing body of the municipality in which the port of entry is located, may exercise joint and concurrent jurisdiction of any such lands described in such resolutions within the jurisdiction of the port commission of the port of entry, and outside of the corporate limits of such municipality, and may exercise the above powers jointly with such port commission as to such lands.

Under any such state-owned lands, if any, hereinabove turned over to the county port authority or county development commission, all oil, gas and other mineral rights are hereby reserved unto the State of Mississippi.
Miss. Code Ann. § 59-17-39 — MS Code / Title 59 / Chapter 7 / Section 17-39
Miss. Code Ann. § 59-17-39
Status: in_force

Such bonds as are issued under this chapter may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this chapter. The bonds authorized under the authority of this chapter may, in the discretion of the state bond commission, be validated in the Chancery Court of Hinds County, Mississippi, in the manner and with the force and effect provided now or hereafter by Sections 31-13-1 through 31-13-11, Mississippi Code of 1971 , for the validation of county, municipal, school district, and other bonds. The necessary papers for such validation proceedings shall be transmitted to the state bond attorney by the attorney general, and the required notice shall be published in a newspaper published in the City of Jackson, Mississippi, and in a newspaper of general circulation published in the city or county where the planned development is located.
Miss. Code Ann. § 59-7-323 — MS Code / Title 59 / Chapter 5 / Section 7-323
Miss. Code Ann. § 59-7-323
Status: in_force

Any municipality issuing bonds or other obligations pursuant to this article shall, so long as any such bonds or other obligations remain outstanding and unpaid, by resolution or resolutions duly adopted, authorize and appoint a trustee, satisfactory to the purchaser or purchasers of any bonds or other obligations issued pursuant to this article or any successor thereto, with the following powers and duties:

(a) Such trustee so appointed, or any successor thereto, shall receive and receipt for all monies collected or to be collected as receipts from the aforesaid two-mill tax by the aforesaid tax collector, and/or any other tax collecting agency authorized by law for the collection of said taxes, as provided for in Section 59-7-303 ;

(b) Such trustee so appointed, or any successor thereto, shall receive and receipt for all monies paid or to be paid to it in accordance with Section 59-7-307 , constituting the net revenues derived from the operation of the improvements and facilities authorized by this article;

(c) Such trustee so appointed, or any successor thereto, shall deposit all monies received or to be received, in a special account or accounts in a bank or banks which are members of the Federal Deposit Insurance Corporation, with such provisions for security therefor as may be incorporated in any agreement or agreements entered into between any such municipality and the purchaser or purchasers of any such bonds or other obligations;

(d) Such trustee so appointed, or any successor thereto, shall use and apply all such monies so received to the payment of principal of and interest on any bonds or other obligations issued by any municipality pursuant to this article, as the same become due, and shall use and apply any surplus remaining after such payment or payments for the prior redemption, with or without premium, of bonds or other obligations issued by any municipality pursuant to this article, or in accordance with the provisions of any agreement or agreements as may be made between any municipality issuing bonds or other obligations pursuant to this article and the purchaser or purchasers of such bonds or other obligations;

(e) Such trustee so appointed, or any successor thereto, shall have and be vested with all rights, powers and duties, in addition to the foregoing, as may be provided for in any agreement or agreements between any municipality issuing bonds or other obligations pursuant to this article and the purchaser or purchasers of such bonds, or other obligations;

(f) Such trustee so appointed, or any successor thereto, shall by an instrument in writing, accept such trust and shall file such written acceptance of such trust with the clerk of the municipality so appointing such trustee;

(g) If such trustee so appointed, or any successor thereto, shall fail, neglect or refuse to perform any of the duties herein imposed or that may be imposed by reason of any of the provisions of any agreement or agreements as aforesaid, such trustee, or any successor thereto, shall, on the written request of twenty per centum or more in aggregate principal amount of the holder or holders of bonds or other obligations issued pursuant to this article, be removed, by resolution duly adopted by the municipality by which such trustee, or any successor thereto, was appointed; and in such event, it shall be the duty of any such trustee so removed to effectuate a valid transfer of all monies then in the possession or under the control of such trustee so removed to a duly appointed successor, and a failure on the part of such trustee so removed to do so shall constitute an embezzlement of such monies and shall be punishable accordingly;

(h) In the event any such trustee so appointed, or any successor thereto, shall be removed as hereinabove provided, it shall be the duty of any municipality, which shall have removed any such trustee, immediately by resolution duly adopted to appoint a trustee, as successor thereto, who is satisfactory to said holder or holders of twenty per centum or more in aggregate principal amount of bonds or other obligations issued pursuant to this article.
Miss. Code Ann. § 59-15-1 — MS Code / Title 59 / Chapter 11 / Section 15-1
Miss. Code Ann. § 59-15-1
Status: in_force

The authorities of any city in this state which has a population of ten thousand or more, according to the last official government census, and the authorities of any municipality bordering on the Mississippi Sound or Gulf of Mexico are hereby given the authority to acquire by purchase, deed, donation, gift, grant, reclamation, lease, dedication, or otherwise, land, harbor sites or water frontage for the purpose of establishing, developing, promoting, maintaining, and operating harbors for small water crafts and recreational parks connected therewith within its territorial limits, or both, and shall have the power to acquire, purchase, install, rent, lease, mortgage, incumber, construct, own, hold, maintain, equip, use, control and operate recreational parks and harbors for small water craft.
Miss. Code Ann. § 59-19-7 — MS Code / Title 59 / Chapter 9 / Section 19-7
Miss. Code Ann. § 59-19-7
Status: in_force

If any of the jurors should fail to attend, the sheriff shall forthwith summon other proper persons in their places, and the defaulters shall be reported to the board of supervisors, and shall be fined not less than ten dollars nor more than twenty dollars, unless good cause against the same be shown.
Miss. Code Ann. § 59-21-13 — MS Code / Title 59 / Chapter 19 / Section 21-13
Miss. Code Ann. § 59-21-13
Status: in_force

An application for renewal of a certificate of number shall be made by the owner on an application which must be received by the commission within the last ninety (90) days before the expiration date on the certificate of number. The same number will be issued upon renewal. If a certificate of number is lost or destroyed, the owner shall, within fifteen (15) days, notify the commission's office. The notification shall be in writing, shall describe the circumstances of the loss or destruction and shall be accompanied by the fee prescribed in this chapter. The certificate of number issued as a result of such report will replace the certificate so lost or destroyed.

The commission shall mail notice of expiration of numbers, together with an application for renewal of number, to each registered boat owner not less than sixty (60) days prior to the expiration date. The commission shall verify annually an up-to-date list of all numbers in effect and those numbers not renewed.
Miss. Code Ann. § 59-25-9 — MS Code / Title 59 / Chapter 7 / Section 25-9
Miss. Code Ann. § 59-25-9
Status: in_force

(1) Every vessel shall have a hull identification number assigned and affixed. The department shall assign a hull identification number to an undocumented vessel not having a hull identification number at the time of numbering or applying for a certificate of title after transfer of ownership or change of state of principal operation. Every motor shall have a motor serial number affixed.

(2) A person may not destroy, remove, alter, cover or deface the manufacturer's hull identification number or motor serial number, the plate bearing it or any hull identification number or motor serial number the department assigns to any vessel or motor, without authorization from the department.
Miss. Code Ann. § 59-21-31 — MS Code / Title 59 / Chapter 11 / Section 21-31
Miss. Code Ann. § 59-21-31
Status: in_force

No person shall remove, change or in any manner mutilate or deface any number awarded a vessel, or any motor number or other stamped, cast, or forged numbers or letters or other marks upon any vessel, outboard motor, boat or boat trailer, or assist in so doing, or, having knowledge of such change, fail to report the same to the Department of Wildlife, Fisheries and Parks in which such vessel, motor, boat or boat trailer is usually moored, docked, housed or garaged. Any person or owner, being in possession of a vessel, outboard motor, boat or boat trailer, shall examine the same and report such changes to the Department of Wildlife, Fisheries and Parks.

No person shall buy, sell or possess a vessel, outboard motor, boat or boat trailer on which any awarded number or identification number has been removed, changed, mutilated or defaced. It shall be the duty of any person buying, or any lienholder financing, a vessel, outboard motor, boat or boat trailer, to inspect the vessel, outboard motor, boat or boat trailer prior to its purchase or creation of a lien thereon, to ensure that it is in compliance with this section.
Miss. Code Ann. § 59-7-7 — MS Code / Title 59 / Chapter 7 / Section 7-7
Miss. Code Ann. § 59-7-7
Status: in_force

All improvements, constructed by and under the provisions of this article, shall be operated under the control of a port commission as provided in Chapter 1 of this title. All revenue created or collected from the use of said docks, harbors and facilities of whatsoever nature shall be paid into the city treasury of said port of entry to be used exclusively for the advancement, development and advertising of said port in whatsoever method or manner said port commissioners shall see fit, and all revenue provided for in this article, either by levy or collection from said docks and harbor facilities may be paid to the retirement of any bonds heretofore issued or hereafter issued by any such municipality for wharf construction or other port purposes, regardless of the time of issuance of such bonds. Said port commissioners of said port of entry shall make an annual report to the governor of the State of Mississippi, to the state legislature, to the board of supervisors, and to the municipal governing authorities.
Miss. Code Ann. § 59-25-17 — MS Code / Title 59 / Chapter 1 / Section 25-17
Miss. Code Ann. § 59-25-17
Status: in_force

(1) The department shall adopt the necessary rules and regulations to implement this chapter.

(2) The department shall prescribe and provide suitable forms of applications, certificates of title, notices of security interests and all other notices and forms necessary to carry out this chapter.

(3) The department may make necessary investigations to procure information required to carry out this chapter.
Miss. Code Ann. § 59-15-17 — MS Code / Title 59 / Chapter 1 / Section 15-17
Miss. Code Ann. § 59-15-17
Status: in_force

Bonds or other obligations issued pursuant to this chapter and any interest thereon or income therefrom shall be exempt from all taxation, except gift, transfer or inheritance taxes, in so far as may be within the power of the State of Mississippi so to provide.
Miss. Code Ann. § 59-7-427 — MS Code / Title 59 / Chapter 3 / Section 7-427
Miss. Code Ann. § 59-7-427
Status: in_force

In connection with the issuance of bonds or other obligations by any municipality pursuant to this article, or in order to secure the payment of said bonds or other obligations, such municipality shall have power:

(a) To accept grants from the United States of America, the president of the United States, the federal emergency administrator of public works, or such other agencies, instrumentalities or corporations as may be designated or created to make grants or loans (hereinafter termed “federal agency”) pursuant to the national industry recovery act and any further act of the congress of the United States providing for the construction of useful public works (hereinafter termed “national industrial recovery act”), for or in aid of work, development or improvement authorized by this article.

(b) To make such contracts and execute such instruments containing such provisions, covenants and conditions as in the discretion of the authorities of any such municipalities may be necessary, proper or advisable for the purpose of obtaining or securing grants, loans, or other financial assistance from any federal agency pursuant to the national industrial recovery act; to make such further, different or additional contracts and execute all instruments necessary or convenient in or for the furtherance of any work, development or improvement, including but not limited to all property, real and personal, appurtenant thereto or connected therewith and the existing work, development or improvement, if any, to which the work, development or improvement authorized by this article is an extension, addition, betterment or embellishment (hereinafter termed “work, development or improvement”) to carry out and perform the terms and conditions of any such contract or instrument.

(c) To pledge all or any part of the fees, rents, tolls, revenues or other charges received or receivable by such municipality and/or port commission from any work, development or improvement to which its right then exists or the right to which may thereafter come into existence.

(d) To covenant against the pledging of all or any part of the fees, rents, tolls, revenues or other charges received or receivable by such municipality and/or port commission from any work, development or improvement to which its right then exists or the right to which may thereafter come into existence.

(e) To covenant against the encumbering of all or any part of any work, development or improvement or against permitting or suffering any lien thereon.

(f) To covenant as to what other or additional debt may be incurred by such municipality.

(g) To provide for the preparation, specifications, terms, form, registration, extension, execution and authentication of any bonds or other obligations, issued pursuant to this article.

(h) To provide for the replacement of lost, destroyed or mutilated bonds or other obligations issued pursuant to this article.

(i) To covenant as to the fees, rents, revenues or tolls to be charged, the amount to be raised each year or other period of time and as to the use and disbursement to be made thereof.

(j) To covenant to set aside or to pay over reserves and sinking funds and as to the disposal thereof.

(k) To redeem prior to maturity, with or without premium, bonds or other obligations issued pursuant to this article and to covenant for their prior redemption and to provide the terms and conditions thereof.

(l) To covenant against extending the time for the payment of the interest on or principal of the bonds or other obligations issued pursuant to this article directly or indirectly by any means or in any manner.

(m) To covenant as to books of account of such municipality and as to the inspection and audit thereof and as to the accounting methods.

(n) To covenant as to the rights, liabilities, powers and duties arising upon the breach by such municipality of any covenant, condition or obligation assumed pursuant to this article.

(o) To make such covenants and do any and all such acts and things as may be necessary, convenient or desirable in order to secure any bonds or other obligations issued pursuant to this article, or in the absolute discretion of the authorities of such municipality in order to make such bonds or other obligations more marketable, notwithstanding that such covenants, acts, or things may not be enumerated herein or expressly authorized herein; it being the intention hereby to give the authorities of any municipality issuing bonds or other obligations pursuant to this article the power to do all things in the issuance of said bonds or other obligations and for their execution that may not be inconsistent with the constitution of the State of Mississippi.
Miss. Code Ann. § 59-7-409 — MS Code / Title 59 / Chapter 7 / Section 7-409
Miss. Code Ann. § 59-7-409
Status: in_force

The port commission established by Section 59-7-407 shall meet at a regular place to be designated by the port commission for organization as a port commission, after giving at least ten (10) days' notice of the time and place of the meeting by publication in a newspaper published in the city, and they shall elect a president and secretary who shall be members of the commission. The president shall be elected annually and shall vote only in cases of a tie vote.
Miss. Code Ann. § 59-7-507 — MS Code / Title 59 / Chapter 5 / Section 7-507
Miss. Code Ann. § 59-7-507
Status: in_force

All bonds and interest coupons issued under the provisions of this article shall have and hereby are declared to have all the qualities and incidents of negotiable instruments under the Uniform Commercial Code of the State of Mississippi. Such bonds and the income therefrom shall be exempt from all taxation within the State of Mississippi.
Miss. Code Ann. § 59-21-19 — MS Code / Title 59 / Chapter 5 / Section 21-19
Miss. Code Ann. § 59-21-19
Status: in_force

(1) The certificate of number shall be pocket-size, approximately two and one-half inches (2- 1 / 2 ″) by three and one-half inches (3- 1 / 2 ″), and water resistant.

(2) Pending the issuance of the original certificate of number, the owner of the vessel may be furnished a temporary certificate of number valid for sixty (60) days from the date of issue. This temporary certificate shall be carried on board when the vessel is being operated.

(3) Each applicant for an original or transfer certificate of number, who is entitled to issuance thereof, shall be issued a certificate for a period of three (3) years from the last day of the month of receipt of the original or transfer certificate. This subsection shall not apply to the certificate of number of a livery boat.

(4) The certificate of number of a livery boat shall be plainly marked “livery boat.” The description of the motor and type of fuel will be omitted from the certificate of number in any case where the motor is not rented with the boat. Original and renewal certificates of number of a livery boat shall be valid for a period of three (3) years and shall expire at midnight on June 30.

(5) Numbers and certificates of number awarded boats operated by manufacturers and dealers may be transferred from one (1) boat to another. In lieu of the description, the word “manufacturer” or “dealer,” as appropriate, will be plainly marked on each certificate. The manufacturer or dealer may have the number awarded printed upon or attached to a removable sign or signs to be temporarily mounted upon or attached to the boat being demonstrated or tested so long as the display meets the requirements of Section 59-21-9 .
Miss. Code Ann. § 59-9-7 — MS Code / Title 59 / Chapter 6 / Section 9-7
Miss. Code Ann. § 59-9-7
Status: in_force

Any county in the State of Mississippi bordering on the Mississippi Sound or the Gulf of Mexico in which county there is or may hereafter be located a municipality having a harbor or port of entry where commodities are exported to foreign nations, and where there is or may hereafter be maintained a channel and/or harbor or port to a depth of not less than twenty (20) feet, and where the board of supervisors of such county shall find and determine that public necessity and convenience requires the same, as evidenced by a resolution adopted and entered on the official minutes of such board, shall have a port authority to be known as the county port authority, but in any such county having four (4) incorporated municipalities therein, such county port authority shall be called and known as the development commission of such county. The county port authority shall be composed of seven (7) resident citizens of such county, who shall be qualified electors therein, but in any such county where a county development commission has been created, such county development commission shall be composed of twelve (12) resident citizens of such county, who shall be qualified electors therein. Such county port authority or county development commission shall have jurisdiction over the ports, terminals, harbors, channels, and passes leading thereto, and all vessels, boats, and wharves, common carriers and public utilities therein, using the same within the county, and not under the jurisdiction of any municipal port commission and exclusive of the jurisdiction of the port commission of any municipality in which a port of entry is located. But by joint resolutions adopted by the governing authorities of the county and the municipality, such county port authority or county development commission may be vested with joint and concurrent jurisdiction over all or any part of said port of entry, or the channels, harbors, or passes leading thereto, outside of the corporate limits of such municipality, and within such county.
Miss. Code Ann. § 59-23-1 — MS Code / Title 59 / Chapter 17 / Section 23-1
Miss. Code Ann. § 59-23-1
Status: in_force

This chapter shall be known and may be cited as the “Alcohol Boating Safety Act.”
Miss. Code Ann. § 59-7-515 — MS Code / Title 59 / Chapter 3 / Section 7-515
Miss. Code Ann. § 59-7-515
Status: in_force

The revenue bonds issued under the provisions of this article shall be payable, both principal and interest, solely out of the revenues to accrue from the operation of the facilities provided through the special project for which such bonds are issued, and the full faith and credit of the county shall not be pledged therefor, nor shall any ad valorem tax be levied for the payment of such bonds or the interest thereon, and such facts shall be recited on the face of the bonds.
Miss. Code Ann. § 59-7-519 — MS Code / Title 59 / Chapter 3 / Section 7-519
Miss. Code Ann. § 59-7-519
Status: in_force

All revenues of every kind and character derived from the operation of the facilities of any special project authorized by the provisions of this article shall be paid into the port fund of such county and into a special account in said fund to be designated as the “special project revenue fund” and the resolution of the board of supervisors directing the issuance of such bonds shall require that such revenues shall be allocated to and shall be pledged for the following purposes:

(a) an operation and maintenance fund out of which there shall be paid the usual and necessary expenses for the operation and maintenance of the project facilities;

(b) a renewal and replacement fund sufficient to assure that the project facilities, including equipment, shall be kept in good repair and working order;

(c) a bond and interest fund which shall be sufficient to provide for the payment of the principal of and the interest on the bonds as they mature and accrue, including a reasonable sum for the creation of a bond reserve fund to assure the payment of such bonds and the interest therein in the event that sufficient funds therefor are not otherwise available; and

(d) a contingent fund to provide for unforeseen contingencies arising in the operation of the project facilities. Any surplus funds remaining after making the foregoing allocations shall be dealt with as may be directed by the resolution of the board of supervisors whereunder such bonds are issued, for the repayment of advances received from any source, for the payment of any maturities of principal and interest of such bonds, for the improvement of the port and/or harbor facilities for which such bonds were issued, or for the retirement of the outstanding bonds according to their terms.
Miss. Code Ann. § 59-25-17 — MS Code / Title 59 / Chapter 6 / Section 25-17
Miss. Code Ann. § 59-25-17
Status: in_force

(1) The department shall adopt the necessary rules and regulations to implement this chapter.

(2) The department shall prescribe and provide suitable forms of applications, certificates of title, notices of security interests and all other notices and forms necessary to carry out this chapter.

(3) The department may make necessary investigations to procure information required to carry out this chapter.
Miss. Code Ann. § 59-21-17 — MS Code / Title 59 / Chapter 7 / Section 21-17
Miss. Code Ann. § 59-21-17
Status: in_force

(1) The certificate of number shall include the following:

(a) Name and address of owner.

(b) Date of birth of owner.

(c) Present citizenship of owner (county, state, country).

(d) County in which vessel is principally used.

(e) Present number (if any).

(f) Hull material (wood, steel, aluminum, plastic, other).

(g) Type of propulsion (outboard, inboard, other).

(h) Type of fuel (gas, diesel, other).

(i) Length of vessel.

(j) Make and year built (if known).

(k) Statement as to use (pleasure, livery, dealer, manufacturer, commercial-passenger, commercial-fishing, commercial-other).

(l) A certificate of ownership by the applicant.

(m) Signature of owner.

(n) Number awarded to vessel.

(o) Expiration date of certificate.

(p) Notice to the owner that he shall report within fifteen (15) days changes of ownership or address, and destruction or abandonment of vessel.

(q) Notice to the owner that the operator shall:

(i) Always carry this certificate on vessel when in use.

(ii) Report every accident involving injury or death to persons, or property damage over One Hundred Dollars ($100.00).

(iii) Stop and render aid or assistance if involved in a boating accident.

(2) The commission shall furnish and ensure that the forms required by this section and Section 59-21-13 are stocked at various county offices, boat companies, fishing camps, marinas, with enforcement officers, and at such other places as to make them available to boat owners. The commission shall award certificates of number and shall keep current a consolidated record of all certificates of numbers awarded and renewals of numbers.

(3) Upon request, information on ownership and identity of numbered vessels shall be available to federal, state and local officials, as needed, in any enforcement or assistance programs. The records pertaining to the numbering of undocumented vessels pursuant to this chapter are considered to be public records. Information based on such records may be released upon oral or written inquiry, subject only to reasonable restrictions necessary to carry on the business of the office. The commission may permit excerpts to be made or the copying or reproduction thereof by a private individual or concern. The fees and charges for copying, certifying or searching of records for information shall be assessed in accordance with usual fees allowed for such services.
Miss. Code Ann. § 59-21-87 — MS Code / Title 59 / Chapter 15 / Section 21-87
Miss. Code Ann. § 59-21-87
Status: in_force

No person shall operate a motorboat on any waters of this state while towing a person on water skis, or on an aquaplane or similar device, without an observer in the boat in addition to the operator. Such observer shall be above ten years of age.

The provisions of the first paragraph of this section do not apply to a person engaged in a professional exhibition or a person participating in an official regatta, motorboat race, marine parade, tournament or exhibition.

No person shall operate or manipulate any motorboat, tow rope or other device by which the direction or location of water skis, aquaplane, or similar device may be affected or controlled in such a way as to cause the water skis, aquaplane, or similar device, or any person thereon to collide or strike against any object or person, except slalom buoys, ski jumps or like objects used normally in competitive or recreational skiing.
Miss. Code Ann. § 59-7-427 — MS Code / Title 59 / Chapter 7 / Section 7-427
Miss. Code Ann. § 59-7-427
Status: in_force

In connection with the issuance of bonds or other obligations by any municipality pursuant to this article, or in order to secure the payment of said bonds or other obligations, such municipality shall have power:

(a) To accept grants from the United States of America, the president of the United States, the federal emergency administrator of public works, or such other agencies, instrumentalities or corporations as may be designated or created to make grants or loans (hereinafter termed “federal agency”) pursuant to the national industry recovery act and any further act of the congress of the United States providing for the construction of useful public works (hereinafter termed “national industrial recovery act”), for or in aid of work, development or improvement authorized by this article.

(b) To make such contracts and execute such instruments containing such provisions, covenants and conditions as in the discretion of the authorities of any such municipalities may be necessary, proper or advisable for the purpose of obtaining or securing grants, loans, or other financial assistance from any federal agency pursuant to the national industrial recovery act; to make such further, different or additional contracts and execute all instruments necessary or convenient in or for the furtherance of any work, development or improvement, including but not limited to all property, real and personal, appurtenant thereto or connected therewith and the existing work, development or improvement, if any, to which the work, development or improvement authorized by this article is an extension, addition, betterment or embellishment (hereinafter termed “work, development or improvement”) to carry out and perform the terms and conditions of any such contract or instrument.

(c) To pledge all or any part of the fees, rents, tolls, revenues or other charges received or receivable by such municipality and/or port commission from any work, development or improvement to which its right then exists or the right to which may thereafter come into existence.

(d) To covenant against the pledging of all or any part of the fees, rents, tolls, revenues or other charges received or receivable by such municipality and/or port commission from any work, development or improvement to which its right then exists or the right to which may thereafter come into existence.

(e) To covenant against the encumbering of all or any part of any work, development or improvement or against permitting or suffering any lien thereon.

(f) To covenant as to what other or additional debt may be incurred by such municipality.

(g) To provide for the preparation, specifications, terms, form, registration, extension, execution and authentication of any bonds or other obligations, issued pursuant to this article.

(h) To provide for the replacement of lost, destroyed or mutilated bonds or other obligations issued pursuant to this article.

(i) To covenant as to the fees, rents, revenues or tolls to be charged, the amount to be raised each year or other period of time and as to the use and disbursement to be made thereof.

(j) To covenant to set aside or to pay over reserves and sinking funds and as to the disposal thereof.

(k) To redeem prior to maturity, with or without premium, bonds or other obligations issued pursuant to this article and to covenant for their prior redemption and to provide the terms and conditions thereof.

(l) To covenant against extending the time for the payment of the interest on or principal of the bonds or other obligations issued pursuant to this article directly or indirectly by any means or in any manner.

(m) To covenant as to books of account of such municipality and as to the inspection and audit thereof and as to the accounting methods.

(n) To covenant as to the rights, liabilities, powers and duties arising upon the breach by such municipality of any covenant, condition or obligation assumed pursuant to this article.

(o) To make such covenants and do any and all such acts and things as may be necessary, convenient or desirable in order to secure any bonds or other obligations issued pursuant to this article, or in the absolute discretion of the authorities of such municipality in order to make such bonds or other obligations more marketable, notwithstanding that such covenants, acts, or things may not be enumerated herein or expressly authorized herein; it being the intention hereby to give the authorities of any municipality issuing bonds or other obligations pursuant to this article the power to do all things in the issuance of said bonds or other obligations and for their execution that may not be inconsistent with the constitution of the State of Mississippi.
Miss. Code Ann. § 59-21-25 — MS Code / Title 59 / Chapter 1 / Section 21-25
Miss. Code Ann. § 59-21-25
Status: in_force

(1) Fees for the award of certificates of number for original, transfer, renewal, livery, dealer and duplicate shall be as follows:

(a)

Less than 16 feet․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$ 7.50

(b)

16 feet but less than 26 feet․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$22.50

(c)

26 feet but less than 40 feet․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$45.00

(d)

40 feet and over․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$45.00

(e)

Dealer number․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$37.50

(f)

Duplicate․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$ 5.00

(g)

Boat inspection fee․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$10.00

(2) The fee provided for under subsection (1)(g) of this section shall only be charged when the owner of a boat requests the Department of Wildlife, Fisheries and Parks to perform an inspection of a boat serial number for the purpose of replacing or awarding a damaged or removed serial number.

(3) All fees for numbers and renewal of number shall be payable to the Mississippi Department of Wildlife, Fisheries and Parks to be deposited by the department in the State Treasury in a special fund to be designated as the Fisheries and Wildlife Fund, which shall be disbursed upon the recommendation of the department as may be appropriated by the Legislature. The State Treasurer shall release to the department such sums as are required to defray all administrative costs of the boat registration fee division of the department and to improve the law enforcement capability of the department on the inland and marine waters of the State of Mississippi and as may be budgeted by the department for the purpose of paying the cost of the administration of this chapter for education on water safety, improvement of water safety and motorboating facilities in the state, and advertising and promoting the waterways of the state. Any and all revenue over and above the actual administrative cost of implementing this chapter shall be used to fund salaries of additional conservation officers in all eighty-two (82) counties.
Miss. Code Ann. § 59-17-17 — MS Code / Title 59 / Chapter 17 / Section 17-17
Miss. Code Ann. § 59-17-17
Status: in_force

On the receipt of an application from any county or agency authorized under the laws of the state of Mississippi to operate or support a port or harbor project, or any part thereof, the board shall cause an independent determination and appraisal to be made of such analysis and survey, and the plan for the improvement, operation, development and expansion of such port or harbor, or any part thereof, and if the board shall find and determine that the plan for the improvement, operation, development or expansion of such port or harbor, or any part thereof, is practical and feasible and is in the public interest, and that such port or harbor, or any part thereof, can be operated economically under state ownership, and that the revenues therefrom would be sufficient, over a period of time, to make such ownership and/or operation by the state self-liquidating, then the board, in its discretion, may negotiate with such participating counties as required by this chapter or other authorized agency on the terms of an agreement for the acquisition by the state of such port or harbor, or any part thereof. The board may modify the proposed plan for the improvement, operation, development or expansion of such port or harbor, or any part thereof, and may impose such terms and conditions as, in its discretion, it may require to protect the interest of the state. Any agreement reached between the board and the participating counties, or other authorized agency, shall be reduced to writing.
Miss. Code Ann. § 59-25-7 — MS Code / Title 59 / Chapter 11 / Section 25-7
Miss. Code Ann. § 59-25-7
Status: in_force

(1) No dealer shall purchase or acquire a new vessel or motor without obtaining from the seller a manufacturer's or importer's certificate of origin. No manufacturer, importer, dealer or other person shall sell or otherwise dispose of a new vessel or motor to a dealer for purposes of resale without delivering to the dealer a manufacturer's or importer's certificate of origin.

(2) The manufacturer's or importer's certificate of origin shall be a uniform or standardized form prescribed by the department and shall contain: a description of the vessel or motor including its trade name, model year, length, type and hull identification number; an assignment form, including the certification of date of transfer of vessel or motor, the name and address of transferee; certification that the vessel or motor is new, and a warranty that the vessel or motor at the time of delivery is subject only to such liens and encumbrances as set forth and described in full in the assignment.

(3) Every dealer shall maintain for at least three (3) years a record of any vessel or motor bought, sold, exchanged or received for sale or exchange. This record shall be available for inspection by department representatives during reasonable business hours.
Miss. Code Ann. § 59-5-15 — MS Code / Title 59 / Chapter 5 / Section 5-15
Miss. Code Ann. § 59-5-15
Status: in_force

Any city or county or other authorized port or harbor agency for which a port or harbor commission or authority has been heretofore or may be hereafter created, and which desires state ownership of such port or harbor, or any part thereof, is hereby authorized to employ competent engineers to prepare an analysis and survey of the assets, liabilities, and operation of such port or harbor, or any part thereof, proposed to be conveyed to the state, which survey shall include the reasonable market value of the land and/or facilities, the outstanding aggregate indebtedness, if any, the gross and net revenues accruing from such operation and such other information as may be required by the board, together with a plan for the improvement, operation, development, and expansion of such port or harbor, or such part thereof, which plan shall include the estimated cost of construction, the estimated cost of lands, properties, facilities, machinery, rights, easements, and franchises to be acquired, the estimated cost of engineering, architectural and legal expenses, and of financing charges and interest, and such other estimated expenses as may be necessary or incidental to such planned development, together with a projection of the gross and net revenues anticipated from the operation of the improved facilities, and any options, contracts, or commitments for the use of such improved facilities, and such other information as may be required by the board.
Miss. Code Ann. § 59-7-119 — MS Code / Title 59 / Chapter 6 / Section 7-119
Miss. Code Ann. § 59-7-119
Status: in_force

When the results of the election on the question of the issuance of bonds under the provisions of this article shall have been canvassed by the election commissioners of such county and certified by them to the board of supervisors of such county, it shall be the duty of such board of supervisors to determine and adjudicate whether or not three-fifths ( 3 / 5 ths) of the qualified electors who voted in such election voted in favor of the issuance of such bonds and, unless three-fifths ( 3 / 5 ths) of the qualified electors who voted in such election shall have voted in favor of the issuance of such bonds, then such bonds shall not be issued. Should three-fifths ( 3 / 5 ths) of the qualified electors who vote in such election vote in favor of the issuance of such bonds, then the board of supervisors of the county may issue such bonds, either in whole or in part, within two years from the date of such election, or within two years after the final favorable termination of any litigation affecting the issuance of such bonds, as such board shall deem best.
Miss. Code Ann. § 59-17-37 — MS Code / Title 59 / Chapter 3 / Section 17-37
Miss. Code Ann. § 59-17-37
Status: in_force

All bonds and interest coupons issued under the provisions of this chapter shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the Uniform Commercial Code of the State of Mississippi. Such bonds and income therefrom shall be exempt from all taxation within the State of Mississippi.
Miss. Code Ann. § 59-25-3 — MS Code / Title 59 / Chapter 21 / Section 25-3
Miss. Code Ann. § 59-25-3
Status: in_force

(1) Any owner of a vessel principally operated on the waters of the state and required to be numbered may apply to the department for a certificate of title for the vessel or the motor.

(2)(a) The application shall contain the name and mailing address of the owner, and the names and addresses of all persons having any liens or encumbrances upon the vessel or motor in the order of their priority. The application shall contain the signatures of all owners certifying that statements made are true and correct to the best of the applicant's knowledge, information and belief, under penalty of perjury.

(b) Every application for a certificate of title shall contain a description of the vessel or motor to be titled, including the state certificate of number (if previously assigned), hull length, type and principal material of construction, model year, the date of purchase, hull identification number, manufacturer, horse power, serial number and the name and address of the person from whom the vessel or motor was purchased. The application shall contain the date of sale and gross purchase price of the vessel or motor, or the fair market value if no sale immediately preceded the transfer and any additional information the department requires. If the application is made for a vessel or motor previously registered or titled in another state or foreign country, it shall contain this information. The application shall be on forms prescribed and furnished by the department and shall contain any other information required by the department.

(3) If a dealer buys or acquires a used numbered vessel or motor for resale, he shall report the acquisition to the department on forms the department provides, or he may apply for and obtain a certificate of title as provided in this chapter. If a dealer acquires a new vessel or motor requiring titling for resale, he may apply for and obtain a certificate of title as provided in this chapter.

Every dealer transferring a vessel or motor requiring titling, as determined by the department, shall assign the title to the new owner, or in the case of a new vessel or motor assign either the certificate of origin or, if titled, the title.

(4) No person may sell, assign or transfer a vessel or motor titled by the department without delivering to the purchaser or transferee a certificate of title with an assignment on it showing title in the purchaser or transferee's name. No person may purchase or otherwise acquire a vessel or motor titled by the department without obtaining a certificate of title for it in his name.

(5) Every certificate of title shall contain the owner's name; the address of the principal place of residence of an individual owner and the address of the principal place of business of an owner that is not an individual, including zip code; date of title issuance; vessel or motor description, including the vessel or motor identification number as described in 33 CFR 187.05 , name of manufacturer or model, year built or the model year, vessel length, vessel type, drive or propulsion type, motor horsepower, vessel use, hull material and fuel type; each lienholder's name and address; recording or perfection date of new liens and original recording date of any liens outstanding; and other items as required by the department. Space must also be provided for assignment of interest, with a certification that statements provided on the title assignment are true and correct to the best of the owner's knowledge, under penalty of perjury.

(6) The department shall retain the evidence used to establish the accuracy of the information required for titling purposes, and shall maintain a record of any certificate of title it issues.
Miss. Code Ann. § 59-21-129 — MS Code / Title 59 / Chapter 1 / Section 21-129
Miss. Code Ann. § 59-21-129
Status: in_force

(1) Any agency or political subdivision of this state may make application to the commission for special rules and regulations with reference to the operation, equipment or safety of vessels on any waters of this state within its territorial limits or authorized jurisdiction and shall set forth therein the reasons which make special rules or regulations necessary or appropriate. The commission is hereby authorized, after notice and a public hearing as provided in Section 59-21-117 , to make special rules and regulations with reference to the operation, equipment or safety of vessels or motorboats on any waters of the state.

(2) The several counties and municipalities bordering the Mississippi Sound or the other coastal or tidal waters of this state are authorized and empowered to adopt ordinances setting out special rules and regulations with reference to the operation, equipment, or safety of vessels or motorboats on the Mississippi Sound or the other coastal or tidal waters of the state within their territorial limits, and shall set forth therein the reasons which make special rules and regulations necessary or appropriate. No ordinance shall conflict with the provisions of this chapter or with the regulations of any federal agency having jurisdiction over those waters. Notice shall be given of the proposed ordinance and a hearing shall be held thereon before the Commission on Marine Resources as provided in Section 59-21-117 , and as a condition precedent, the Commission on Marine Resources shall recommend the adoption of the ordinance.

(3) It is the intent of this chapter that uniform regulations of general application to all the waters of this state shall be adopted and promulgated wherever practicable, and any special regulation or local ordinance, as authorized herein, shall be limited to the exigencies of local conditions which cannot be corrected by a regulation generally applicable to all the waters of the state.
Miss. Code Ann. § 59-7-451 — MS Code / Title 59 / Chapter 6 / Section 7-451
Miss. Code Ann. § 59-7-451
Status: in_force

Any county in the State of Mississippi bordering on the Mississippi River which has not heretofore created a county port authority or county port commission is hereby authorized, in the discretion of the board of supervisors of such county, as evidenced by a resolution adopted by such board of supervisors, to create a county port commission.
Miss. Code Ann. § 59-21-159 — MS Code / Title 59 / Chapter 3 / Section 21-159
Miss. Code Ann. § 59-21-159
Status: in_force

The venue of any action based on this chapter may be in the county in which the vessel is usually moored, docked, housed or garaged, or in the county in which a vessel is involved in a boating accident, or in event of a boating accident taking place on a navigable waterway which is the boundary line of a county in either county so bounded, or in the county of the residence of the owner or operator of any such vessel.
Miss. Code Ann. § 59-21-11 — MS Code / Title 59 / Chapter 13 / Section 21-11
Miss. Code Ann. § 59-21-11
Status: in_force

The owner of any vessel required to be numbered under this chapter shall apply, within ten (10) days from the date of acquisition of the vessel, to the commission, on forms provided, for a certificate of number. The application for a number shall include the following:

(a) Name and address of owner.

(b) Date of birth of owner.

(c) Social Security number or driver's license number of the owner.

(d) Present citizenship of owner (county, state, country).

(e) County in which the vessel is principally used.

(f) Present number (if any).

(g) Hull material (wood, steel, aluminum, plastic, other).

(h) Type of propulsion (outboard, inboard, other).

(i) Type of fuel (gas, diesel, other).

(j) Length of vessel.

(k) Make and year built (if known).

(l) Statement as to use (pleasure, livery, dealer, manufacturer, commercial-passenger, commercial-fishing, commercial-other).

(m) A certification of ownership by the applicant.

(n) Serial number of outboard motor, boat and trailer owned by the applicant.

(o) Signature of owner.

(p) A receipt, sales or otherwise, which shows whether or not a sales or use tax was paid at the time of the purchase of the vessel. If the vessel was purchased outside the State of Mississippi, from and after July 1, 1978, and the tax for the privilege of using or consuming tangible personal property imposed by Section 27-67-5 was not paid at the time the vessel was acquired, then the owner shall be required to pay the tax as provided by the Mississippi Use Tax Law before a certificate of number can be issued.
Miss. Code Ann. § 59-21-153 — MS Code / Title 59 / Chapter 11 / Section 21-153
Miss. Code Ann. § 59-21-153
Status: in_force

Any person who violates any provision of this chapter is guilty of a misdemeanor, and shall be subject to the following penalties:

(a) For a violation of any of the provisions of Sections 59-21-23(d) , 59-21-29 , 59-21-33 , 59-21-55 , 59-21-81 through 59-21-87 , and 59-21-111 through 59-21-129 , by a fine not to exceed Two Hundred Fifty Dollars ($250.00) or by imprisonment in the county jail not to exceed thirty (30) days, or both.

(b) For the violation of any provision of Section 59-21-31 , by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail not to exceed thirty (30) days, or both.

(c) For the violation of any other provision of this chapter, by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Hundred Fifty Dollars ($250.00).
Miss. Code Ann. § 59-7-301 — MS Code / Title 59 / Chapter 3 / Section 7-301
Miss. Code Ann. § 59-7-301
Status: in_force

This article, as to the subject matters hereof, shall supersede all other laws, general, special or local, including charters of municipalities. Any municipality issuing bonds or other obligations pursuant to this article shall have no power thereafter to issue bonds or other obligations pursuant to the provisions of Article 1 of this chapter, unless and until all bonds or other obligations issued pursuant to this article, and interest thereon, have been fully paid and discharged.
Miss. Code Ann. § 59-21-51 — MS Code / Title 59 / Chapter 9 / Section 21-51
Miss. Code Ann. § 59-21-51
Status: in_force

In the case of a boating accident involving collision, accident or other casualty involving a motorboat or vessel subject to this chapter, while operated upon the waters of this state, the operator thereof, if the collision, accident or other casualty results in death to any person, injury causing any person to remain incapacitated for a period in excess of twenty-four (24) hours, or damage to property in excess of one hundred dollars ($100.00), shall file, on forms provided, with the commission an accident report with a full description of the collision, accident or other casualty, including such other information as is required under the provisions of this chapter. The commission shall furnish copies of reports to the appropriate federal agencies and sheriff of the county in which such accident or other casualty takes place.

For the purpose of this chapter, a “boating accident” means a collision, accident or other casualty involving (1) an undocumented motorboat or (2) any other undocumented vessel used for pleasure or recreational purposes. A vessel subject to this chapter is considered to be involved in a “boating accident” whenever the occurrence results in damage by or to the vessel or its equipment; in injury or loss of life to any person, or in the disappearance of any person from on board under circumstances which indicate the possibility of death or injury. A “boating accident” includes, but is not limited to, capsizing, collision, foundering, flooding, fire, explosion and the disappearance of a vessel other than by theft. A report is required whenever a vessel subject to this chapter is involved in a “boating accident” which results in any one or more of the following:

(1) Loss of life.

(2) Injury causing any person to remain incapacitated for a period in excess of twenty-four (24) hours.

(3) Actual physical damage to property (including vessels) in excess of one hundred dollars ($100.00).
Miss. Code Ann. § 59-25-17 — MS Code / Title 59 / Chapter 13 / Section 25-17
Miss. Code Ann. § 59-25-17
Status: in_force

(1) The department shall adopt the necessary rules and regulations to implement this chapter.

(2) The department shall prescribe and provide suitable forms of applications, certificates of title, notices of security interests and all other notices and forms necessary to carry out this chapter.

(3) The department may make necessary investigations to procure information required to carry out this chapter.
Miss. Code Ann. § 59-13-1 — MS Code / Title 59 / Chapter 5 / Section 13-1
Miss. Code Ann. § 59-13-1
Status: in_force

The board of supervisors of any county in the State of Mississippi, bordering on the Mississippi Sound or Gulf of Mexico, having an assessed valuation in excess of eight million dollars ($8,000,000.00) according to the last completed assessment; and any county in the state bordering on the Mississippi Sound or Gulf of Mexico having an assessed valuation of less than five million dollars ($5,000,000.00), according to the last completed assessment, be, and it is hereby authorized, in its discretion, and subject to complying with the provisions of this chapter, to use and expend for public harbor improvements, harbor development, breakwaters, wharves and docks, recreational centers and all buildings in connection therewith deemed necessary or appropriate by such board, and for the purchase of necessary lands and rights of way in the county or in any supervisor's district therein bordering on the Mississippi Sound or Gulf of Mexico, any funds received from the sale of bonds issued under the provisions of this chapter.
Miss. Code Ann. § 59-17-53 — MS Code / Title 59 / Chapter 11 / Section 17-53
Miss. Code Ann. § 59-17-53
Status: in_force

The board is authorized to provide by resolution for the issuance of refunding bonds by the state bond commission for the purpose of refunding any bonds issued under the provisions of this chapter and then outstanding, together with interest thereon to the date of such refunding bonds, and redemption premium thereon, if any. The issuance of such refunding bonds, the maturity, and all other details thereof, the rights of the holders thereof and the duties of the board and state inland port authority in respect thereto shall be governed by the provisions of this chapter, insofar as the same may be applicable.
Miss. Code Ann. § 59-17-51 — MS Code / Title 59 / Chapter 15 / Section 17-51
Miss. Code Ann. § 59-17-51
Status: in_force

The net revenues, rents, and earnings derived from any planned development or the net revenues, rents, and earnings received by the board produced by a state inland port, harbor, or part thereof, for which bonds have been issued, shall be pledged and allocated by the board to the payment of the principal of and interest on the bonds issued for such planned development as the resolution authorizing the issuance of the bonds may provide, and such pledge may include funds received from one or more or all sources available to such planned development and shall be set aside at regular intervals into a sinking fund, which sinking fund shall be pledged to and charged with the payment of:

(a) The interest upon such bonds as such interest shall accrue.

(b) The principal of the bonds as the same shall become due.

(c) The necessary charges of the paying agent or paying agents for paying principal and interest of and on such bonds.

(d) Any premium on bonds retired by call or purchase as may be provided therein.

(e) Net revenues shall be defined in the agreement between the board and the participating counties, or other authorized agency.

The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing any issue of bonds, but except as may otherwise be provided in such resolution, such sinking fund shall be a fund for the benefit of all bonds issued under such resolution, without distinction or priority of one over the other. Subject to the provisions of the resolution authorizing the issuance of the bonds, surplus moneys in the sinking fund may be applied to the purchase or redemption of any of such bonds, and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.
Miss. Code Ann. § 59-7-309 — MS Code / Title 59 / Chapter 3 / Section 7-309
Miss. Code Ann. § 59-7-309
Status: in_force

Any municipality, in which there is situated and located in whole or in part a port of entry through which commodities are imported or exported as aforesaid, is hereby given authority, upon the adoption of a resolution to such effect, to issue bonds or other obligations for any or all of the purposes as provided in this article. The books of account and other sources of information pertaining to duties under the provisions of this article, of any port commission, municipality and/or county affected by this article, shall be and remain at all times open to inspection and subject to audit by the holder or holders of any bonds or other obligations issued pursuant to this article.
Miss. Code Ann. § 59-25-11 — MS Code / Title 59 / Chapter 5 / Section 25-11
Miss. Code Ann. § 59-25-11
Status: in_force

(1) In the event of a transfer by operation of law of the title or interest of an owner in a vessel or motor titled under this chapter, the transferee or his legal representative shall apply to the department for a certificate of title within thirty (30) days of the transfer. The application shall be accompanied by the title or other states registration previously issued for the vessel or motor, if available, together with any instruments or documents of authority, or certified copies thereof, satisfactory to the department as proof of ownership and the required fee.

(2) For purposes of this chapter, transfer by operation of law shall include transfers to anyone as legatee or distributee or as surviving joint owner or by an order in bankruptcy or insolvency, execution sale, repossession upon default in the performing of the terms of a lease or executory sales contract, or transfers pursuant to any written agreement ratified or incorporated in a decree or order of a court of record, or otherwise than by the voluntary act of the person whose title or interest is so transferred.

(3) If the holder of a certificate of title is deceased and there has been no qualification on his estate, a transfer may be made by a legatee or distributee. The legatee or distributee presents to the department the original certificate of title and a statement made to the effect that there has not been or expected to be a qualification on the estate and that the decedent's debts have been paid or that the proceeds from the sale of the vessel or motor will be applied against his debts. The statement shall contain the name, residence at the time of death, date of death of the decedent, and the names of any other persons having an interest in the vessel or motor for which the title is to be transferred. If these persons are of legal age, they shall indicate in writing their consent to the transfer of the title.
Miss. Code Ann. § 59-25-1 — MS Code / Title 59 / Chapter 9 / Section 25-1
Miss. Code Ann. § 59-25-1
Status: reserved

The following words, as used in this chapter, shall have the following meanings:

(a) “ Certificate of origin ” means the document provided by the manufacturer of a new vessel, or its distributor, which is the only valid indication of ownership between the manufacturer, its distributor, its franchised new vessel dealers and the original purchaser.

(b) “ Dealer ” means any person engaged wholly or in part in the business of selling or offering for sale, buying or taking in trade for the purpose of resale, or exchanging, displaying, demonstrating or offering for sale vessels or motors, and who receive or expect to receive money, profit or any other thing of value.

(c) “ Department ” means the Department of Wildlife, Fisheries and Parks.

(d) “ Documented vessel ” means a vessel documented under 46 U.S.C., Chapter 121.

(e) “ Lienholder ” means a person holding a security interest.

(f) “ Manufacturer ” means any person engaged in the manufacture, construction or assembly of vessels, or their importation into the United States, for the purpose of sale or trade.

(g) “ Motor ” means any type of outboard device providing motorized propulsion for vessels operated by any type fuel.

(h) “ Operate ” means to navigate or otherwise use a vessel.

(i) “ Owner ” means a person, other than a lienholder, having the property in or title to a vessel or motor. The term includes a person entitled to the use or possession of a vessel or motor subject to an interest in another person, reserved or created by agreement and securing payment of performance of an obligation, but the term excludes a lessee under a lease not intended as security.

(j) “ Person ” means an individual, firm, partnership, corporation, company, association, joint-stock association or governmental entity and includes a trustee, receiver, assignee or similar representative of any of them.

(k) “ Security interest ” means an interest which is reserved or created by an agreement which secures payment or performance of an obligation and is valid against third parties generally.

(l) “ State of principal operation ” means the state on whose waters a vessel is used or to be used most during a calendar year.

(m) “ Titling authority ” means a state whose vessel titling system has been certified by the Coast Guard as complying with the guidelines for state vessel titling systems listed in 33 CFR, Part 187 .

(n) “ Use ” means to operate, navigate or employ a vessel. A vessel is in use whenever it is upon the water.

(o) “ Vessel ” means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water, that is required to be numbered in accordance with the Mississippi Boating Law, Chapter 21 of Title 59, Mississippi Code of 1972 .
Miss. Code Ann. § 59-3-35 — MS Code / Title 59 / Chapter 1 / Section 3-35
Miss. Code Ann. § 59-3-35
Status: in_force

Any private corporation hereafter organized under the laws of this state for the purpose of establishing, operating and maintaining a foreign-trade zone in accordance with the Act of Congress referred to in Section 59-3-33 , is likewise hereby authorized to make application for the privilege of establishing, operating and maintaining a foreign-trade zone in accordance with the said Act of Congress.
Miss. Code Ann. § 59-7-425 — MS Code / Title 59 / Chapter 3 / Section 7-425
Miss. Code Ann. § 59-7-425
Status: in_force

Bonds or other obligations issued pursuant to this article and any interest thereon or income therefrom shall be exempt from all taxation, except gift, transfer and inheritance taxes, in so far as may be within the power of the State of Mississippi so to provide.
Miss. Code Ann. § 59-7-305 — MS Code / Title 59 / Chapter 3 / Section 7-305
Miss. Code Ann. § 59-7-305
Status: in_force

The authorities of any municipality in which there is situated and located, in whole or in part, a port of entry through which commodities are imported and exported to foreign nations, which maintains a channel and/or harbor to a depth of not less than twenty feet, are hereby given the authority to engage in, either directly or through the commission hereinafter provided and designated and such other agencies as hereafter may be provided by law, work of internal improvement, or promoting, developing, constructing, maintaining, and operating harbors or seaports within the state and its jurisdiction, and either directly or through the commission hereinafter provided for, shall have the power to acquire, purchase, install, rent, lease, mortgage, and/or otherwise encumber, to construct, own, hold, maintain, equip, use, control and operate at seaports, wharves, piers, docks, quays, grain elevators, cotton compresses, warehouses, floating dry docks, graving docks, marine railways, tugboats, cold storage facilities and other water and rail terminals and other structures, and facilities needful for the convenient use of the same in the aid of commerce including the dredging of approaches thereto.
Miss. Code Ann. § 59-17-19 — MS Code / Title 59 / Chapter 13 / Section 17-19
Miss. Code Ann. § 59-17-19
Status: in_force

Before any additional bonds may be issued for equipment as authorized by Section 59-17-41 , at least one (1) county shall have levied a tax upon all the taxable property, both real and personal, within its boundaries for the purpose of paying the principal and interest on such bonds and the aggregate amount of the additional issue shall have been approved by the board of economic development. Such tax shall be in an amount sufficient to pay the principal of and interest on the additional bonds issued for equipment as authorized by Section 59-17-41 , and such tax levy shall not be reimbursable under the homestead exemption laws of this state.

The ad valorem tax levied by any county or counties under this section shall be reduced in whole or in part when the board and the state inland port authority find and determine that there has been or will be received in the state inland port authority fund a sufficient sum of money from other net revenues, thereby eliminating the need for this county tax levy.
Miss. Code Ann. § 59-9-57 — MS Code / Title 59 / Chapter 6 / Section 9-57
Miss. Code Ann. § 59-9-57
Status: in_force

The board of supervisors, acting through its county port authority or county development commission, and the governing authorities of the municipality in which the port of entry is located, acting through its port commission, jointly may negotiate a contract or contracts for the development, construction, repair, and maintenance and operation of seaports, wharves, piers, docks, ways, elevators, compresses, warehouses, roadways and water, air and rail terminals and other structures, facilities and lands needful for the convenient use of the same in the aid of commerce or any other property at the port of entry under the joint jurisdiction of such county port authority or county development commission and such port commission. Such county and municipality, acting through the board of supervisors of such county, and the governing authorities of such municipality are authorized to jointly issue bonds or other obligations to provide funds for such joint undertakings. Such bonds shall be issued as provided in Sections 59-9-37 through 59-9-51 , but shall be jointly issued by the board of supervisors of such county and by the governing authorities of the municipality in which the port of entry is located, acting concurrently. Such bonds shall be denominated as port improvement bonds of the county and municipality issuing the same. Unless three-fifths ( 3 / 5 ) of the qualified electors of such county who voted in an election to be held for that purpose shall have voted in favor of the issuance of such bonds and three-fifths ( 3 / 5 ) of the qualified electors of the municipality in which the port of entry is located who voted in an election held for that purpose shall have voted in favor of the issuance of such bonds, then such bonds shall not be issued. Electors of such county who vote in such election vote in favor of the issuance of such bonds and should three-fifths ( 3 / 5 ) of the qualified electors of the municipality in which the port of entry is located who vote in such election vote in favor of the issuance of such bonds, then the board of supervisors of such county and the governing authorities of the municipality in which the port of entry is located may issue such bonds, either in whole or part, within three years after the date of such election or within three years after the termination of any litigation affecting the issuance of such bonds, as such board of supervisors and such governing authorities of the municipality in which the port of entry is located jointly shall deem best. For the payment of such bonds and interest thereon, the board of supervisors of such county and the governing authorities of the municipality in which the port of entry is located, may each pledge the two-mill ad valorem tax authorized by Section 59-9-59 , or such part thereof as may be required for the payment of such bonds and interest thereon. Such county and municipality, acting jointly, may also pledge for the payment of such bonds and interest thereon, the revenues from all or any of the facilities operated or to be operated jointly by the county port authority or county development commission and port commission and any revenues accruing to such county and municipality under and by virtue of Section 59-7-1 or 59-7-303 , and not theretofore pledged or hypothecated, and any such county may also pledge any surplus funds accruing by virtue of Section 65-33-45 or 65-33-47, Mississippi Code of 1972 , and not theretofore pledged or hypothecated, and any other surplus funds available to such county or municipality from any other source. Such bonds shall not be computed as being within any statutory limitation on the issuance of municipal or county bonds, but the two-mill ad valorem tax, or such part thereof as may be necessary for the payment of such bonds and interest thereon, as well as any revenues accruing to such county and municipality under and by virtue of Section 59-7-1 or 59-7-303 , and any surplus accruing to such county under Section 65-33-45 or 65-33-47, Mississippi Code of 1972 , and not theretofore pledged or hypothecated, shall be irrevocably pledged to the payment of such bonds and interest. Any bonds, or other obligations issued pursuant to this section shall be fully negotiable within the meaning and for all the purposes of the Mississippi Uniform Commercial Code. Whenever any county and municipality, acting jointly, shall have issued bonds hereunder, a portion of which remain outstanding and unpaid, and the governing authorities of such county and municipality, acting jointly, desire to issue additional bonds hereunder for the purposes herein authorized and desire to consolidate all such bonded indebtedness, such governing authorities, by resolution or resolutions, may at any time authorize and direct the issuance of bonds. The proceeds of such new bonds shall be used to take up, pay and redeem all of such outstanding and unpaid bonds at their par value, and the balance of such proceeds shall be used and expended for the purposes authorized by this section. In the event that such outstanding bonds, by the terms thereof, shall be redeemable prior to maturity at the option of such county and municipality, acting jointly, then such option of redemption shall be exercised in the manner provided in such bonds, or in the event that such outstanding bonds, by the terms thereof, be not so redeemable prior to maturity, then the consent of the holder or holders thereof shall first be had and obtained to the end that, in either of said events, the redemption of such outstanding bonds may be accomplished concurrently with the issuance of such new bonds. Such new bonds shall be issued in like manner and like incidence and shall be payable from the same source or sources and the payment thereof shall be secured in like manner as herein provided in the case of the issuance of original bonds hereunder. In lieu of selling such portion of such new bonds as may be required to provide for the redemption of such outstanding bonds, such new bonds may be issued and delivered in exchange for and upon surrender and cancellation of a like amount of such outstanding bonds.
Miss. Code Ann. § 59-21-1 — MS Code / Title 59 / Chapter 15 / Section 21-1
Miss. Code Ann. § 59-21-1
Status: in_force

This chapter may be cited as the “Mississippi Boating Law of 1960.”
Miss. Code Ann. § 59-25-13 — MS Code / Title 59 / Chapter 13 / Section 25-13
Miss. Code Ann. § 59-25-13
Status: in_force

(1) The department, upon receiving an application for a certificate of title to a vessel or motor showing security interest on the vessel or motor, shall show upon the face of the certificate of title all security interest in the order of their priority as shown on the application. When a security interest exists, the application for a certificate of title must also contain the name and address of the secured party and the date and amount of the security interest.

(2) Security interest created after the original issue of title to the owner must be shown on the certificate of title. The owner shall surrender the original certificate of title to the department and file an application with the department containing the name and address of the secured party, the amount of the security interest, the date and payment of a filing fee. The department shall then issue a new certificate of title showing name and address of the secured party. The newly issued certificate of title shall be sent to the secured party.

For the purpose of recording a subsequent security interest, the department shall require any secured party to deliver the certificate of title to the department. Upon receipt of the certificate of title, completion of the forms and required fees, the department shall then issue a new certificate of title showing the security interest in the order of their priority according to the date of the filing of the application. The newly issued certificate of title shall be sent to the first secured party listed on the certificate of title.

(3) The certificate of title when issued by the department showing a security interest shall be adequate notice to the state, creditors and purchasers that a security interest exists. The recording or filing of the security interest in the county or city where the purchaser or debtor resides shall not be required.

(4) If application for the recordation of a security interest is filed in the principal office of the department within five (5) days from the date of the applicant's purchase of the vessel or motor, it shall be valid to all persons as if the recordation had been done on the day the security interest was acquired.

(5) The security interest, except security interest in inventory held for sale, shown on the certificates of title issued by the department pursuant to applications for certificates shall have priority over any other liens or security interest however created and recorded, except for liens designated by the department.

(6) The certificate of title shall be delivered to the person holding the security interest having first priority. The title shall be retained by that lienholder until the entire amount of the security interest is fully paid by the owner. The certificate of title shall then be delivered to the secured party next in order of priority and so on, or, if none, then to the owner.

(7) Upon the satisfaction of a security interest, the secured party shall attach to the certificate of title a release of security interest or in whatever form as may be prescribed by the department. Within five (5) days the secured party shall mail or deliver the certificate of title to the owner and a copy of the security release, if required by the department. Upon request of the owner and upon receipt of a copy of the security release, if required, and the certificate of title, the department shall correct its records and issue a new certificate of title to the owner.

(8) It shall constitute a misdemeanor for a secured party who holds a security interest as provided for in this chapter to refuse or fail to surrender the certificate of title to the person to whom it is legally entitled within five (5) days after the security interest has been paid and satisfied. The misdemeanor is punishable as provided in Section 59-21-153(a) .

(9) This section does not apply to any of the following: a lien given by statute or rule of law to a supplier of services or materials for the vessel or motor; a lien given by statute to the United States, a state or a political subdivision thereof; or any lien arising out of an attachment of a vessel or motor.
Miss. Code Ann. § 59-21-23 — MS Code / Title 59 / Chapter 9 / Section 21-23
Miss. Code Ann. § 59-21-23
Status: in_force

Certificates of number may be cancelled or voided under the following circumstances:

(a) Surrender of certificate for cancellation;

(b) Issuance of a new number for the same vessel;

(c) Issuance of a marine document by the Bureau of Customs for the same vessel;

(d) False or fraudulent certification in an application for number;

(e) Willful mutilation, defacing, or altering of a number.
Miss. Code Ann. § 59-7-15 — MS Code / Title 59 / Chapter 1 / Section 7-15
Miss. Code Ann. § 59-7-15
Status: in_force

Before issuing the bonds authorized by Section 59-7-11 , the corporate authorities shall by resolution spread upon the minutes, declare their intention of issuing said bonds, fixing in said resolution the maximum amount thereof, and the purpose for which they are issued and where an election is required shall fix in such resolution a date upon which an election shall be held in said municipality, of which not less than three weeks notice shall be given by the clerk by a notice published in a newspaper published in said municipality once a week for three weeks preceding said election at three public places in said municipality. Such election shall be held as far as practicable, as other elections are held in municipalities.
Miss. Code Ann. § 59-17-49 — MS Code / Title 59 / Chapter 1 / Section 17-49
Miss. Code Ann. § 59-17-49
Status: in_force

All net revenues, rents, and earnings from the operation or maintenance of any state-owned inland port or harbor, or any part thereof, shall be set aside by the board exclusively for the payment of any bonds issued by the state for such port or harbor, or any part thereof, and shall not be commingled with the funds of any other port or harbor, or any part thereof, but shall be expended by the board exclusively for the payment of such bonds as provided in Section 59-17-51 , and, if no such bonds be outstanding, then by the state inland port authority for the improvement, operation, advancement, development, maintenance and advertising of the port to which such funds have accrued.
Miss. Code Ann. § 59-9-65 — MS Code / Title 59 / Chapter 3 / Section 9-65
Miss. Code Ann. § 59-9-65
Status: in_force

(1) In addition to authority to issue bonds or other obligations pursuant to this chapter, the board of supervisors of any county which has a plan approved by the Mississippi Board of Economic Development for the planned development of any port, harbor or waterway, may, with the approval of the Mississippi Board of Economic Development, issue general obligation bonds of such county in the maximum principal amount of two million dollars ($2,000,000.00) to provide funds for the dredging of channel and harbor and preparation of site for the construction or acquisition of ships, vessels, shipyards, shipbuilding facilities, machinery and equipment, dredges, floating drydocks, graving docks, marine railways, tugboats, or any other facilities required or incidental to the construction, outfitting, drydocking or repair of ships or vessels.

(2) Such bonds may be issued at one (1) time or from time to time, in such amount or amounts, shall bear such date or dates, shall be of such denomination or denominations, shall be payable at such place or places, shall bear interest at such rate or rates, not exceeding that allowed in Section 75-17-101, Mississippi Code of 1972 , shall mature in such amount or amounts and at such time or times, not exceeding twenty (20) years from the date thereof, with or without option of prior payment, and shall be executed in such manner, all as may be determined by the said board of supervisors. No interest payment due on any bond shall be evidenced by more than one (1) coupon and supplemental coupons will not be permitted; the difference between the highest rate of interest specified for any bond issue shall not exceed the lowest rate of interest specified for the same bond issue by more than one and one-fourth percent (1- 1 / 4 %). Each interest rate specified in any bid must be in a multiple of one-eighth of one percent ( 1 / 8 of 1%) or one-tenth of one percent ( 1 / 10 of 1%) and a zero rate of interest cannot be named. Such bonds shall be signed by the president of the board of supervisors of such county, and the official seal of the county shall be affixed thereto, attested by the clerk of the board of supervisors of such county. The interest coupons to be attached to such bonds may be executed by the facsimile signatures of said officer. Whenever any such bonds shall have been signed by the officers herein designated to sign the bonds who were in office at the time of such signing but who may have ceased to be such officers prior to the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the signatures of such officers upon such bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially signing such bonds had remained in office until the delivery of the same to the purchaser or had been in office on the date such bonds may bear.

(3) Before issuing such bonds, the board of supervisors of such county shall adopt a resolution declaring its intention to issue such bonds, stating the amount of bonds proposed to be issued and the date upon which further action will be taken by the board looking toward the issuance of such bonds. Such resolution shall be published once a week for at least three (3) successive weeks in a newspaper published and of general circulation within such county. The first of such publications shall be made at least twenty-one (21) days prior to the date set forth in said resolution as the date upon which further action will be taken by the board, and the last of such publications shall be made not more than seven (7) days prior to such date. If, prior to the date set forth as aforesaid, there shall be filed with the clerk of such board a petition in writing signed by twenty percent (20%) of the qualified electors of such county, requesting an election on the question of the issuance of such bonds, then such bonds shall not be issued unless authorized by a majority of the qualified electors of such county who vote thereon at an election to be ordered by such board for that purpose. Notice of such election shall be given and such election shall be held and conducted in like manner as provided by law with respect to the submission of other county bond issues in the county. If, however, no such petition shall be so filed, or if at such election, or subsequent election, such proposition be assented to by a majority of the qualified electors voting thereon, then such board of supervisors shall be authorized to proceed with the issuance of such bonds without further election.

(4) The board of supervisors of such county shall sell such bonds in such manner and for such price as it may determine to be for the best interest of said county, but in no case to exceed the rate of interest hereinabove provided, but no such sale shall be made at a price less than par plus accrued interest to date of delivery of the bonds to the purchaser. Notice of the sale of any such bonds shall be published at least one (1) time not less than ten (10) days prior to the date of sale and shall be published in a newspaper published in and having general circulation within the county.

(5) The resolution or order adopted by the board of supervisors authorizing the issuance of said bonds shall pledge the sources of revenues authorized under the statutes to pay the principal thereof and interest thereon; and all bonds issued under one (1) resolution or order may be equally secured and entitled to be paid. In addition to such pledge, such bonds shall be payable from an ad valorem tax which may be levied without limit as to rate or amount upon all taxable property within the county.
Miss. Code Ann. § 59-21-83 — MS Code / Title 59 / Chapter 7 / Section 21-83
Miss. Code Ann. § 59-21-83
Status: in_force

No vessel shall be operated within this state in a reckless or negligent manner or at a rate of speed greater than is reasonable and prudent under the then existing circumstances or when the operator is so physically or mentally incapacitated as to be incapable of safely operating such vessel, or while the operator is under the influence of intoxicating liquor or narcotics, or when such vessel is overloaded beyond its reasonable carrying capacity. The provisions of this section shall be applicable to all watercraft operating on the waters of this state inclusive of, but not limited to, undocumented or unnumbered vessels and shall specifically include all vessels exempted from numbering by Section 59-21-5 and surfboards, aquaplanes, airboats, water skis or other watercraft.
Miss. Code Ann. § 59-23-5 — MS Code / Title 59 / Chapter 23 / Section 23-5
Miss. Code Ann. § 59-23-5
Status: in_force

(1) A person who operates a watercraft in waters over which this state has jurisdiction shall be deemed to have given consent to submit to a chemical test or test of his breath for the purpose of determining the alcohol content of his blood, as a condition of operating the watercraft in this state.

(2) A law enforcement officer who has probable cause to believe that a person has committed an offense under this chapter shall offer the person the opportunity to submit to a chemical test. It is not necessary for the law enforcement officer to offer a chemical test to an unconscious person. A law enforcement officer may offer a person more than one (1) chemical test under this section. However, all tests must be administered within three (3) hours after the officer has probable cause to believe the person violated this chapter. If a person refuses to submit to a chemical test under this chapter, the person shall be informed by the law enforcement officer that the refusal to submit to the test shall subject him to arrest and punishment consistent with the penalties prescribed in Section 59-23-7 for persons submitting to the test, and that the court shall order the person not to operate a watercraft for at least one (1) year.

(3) If the chemical test results in prima facie evidence that the person is intoxicated, he shall immediately be arrested.

(4)(a) The law enforcement officer arresting a person pursuant to the provisions of this chapter shall inform the person arrested that:

(i) The person arrested has the right to be represented by legal counsel;

(ii) The person arrested may waive the right to be represented by legal counsel; and

(iii) The charge for which the person is being arrested may be used against him, upon conviction, for purposes of receiving an enhanced penalty as provided in Section 59-23-7 .

(b) The citation or affidavit which is issued to the person arrested shall be uniform throughout all jurisdictions in the State of Mississippi and shall contain a place for the arresting official to sign, stating that he has advised the person arrested of the information contained in paragraph (a) of this subsection. The judge hearing the case or accepting the guilty plea, as the case may be, shall sign in a place provided on the citation or affidavit stating that the person arrested either employed an attorney or waived his right to an attorney after having been advised pursuant to paragraph (a) of this subsection. If the person arrested employed an attorney, the name, address and telephone number of the attorney shall be written on the citation or affidavit.

(c) The Mississippi Department of Wildlife, Fisheries and Parks shall prepare and furnish, no later than July 1, 1995, to all jurisdictions in the State of Mississippi a uniform citation form consistent with this chapter, which shall be used in all jurisdictions in the State of Mississippi.

(d) The Mississippi Department of Wildlife, Fisheries and Parks shall notify, by whatever means it deems appropriate, all law enforcement officers who are authorized to enforce the provisions of this chapter of their obligation to provide the information and execute the citation or affidavit, as described in paragraphs (a) and (b) of this subsection.
Miss. Code Ann. § 59-23-7 — MS Code / Title 59 / Chapter 9 / Section 23-7
Miss. Code Ann. § 59-23-7
Status: in_force

(1) It is unlawful for any person to operate a watercraft on the public waters of this state who:

(a) Is under the influence of intoxicating liquor;

(b) Is under the influence of any other substance which has impaired such person's ability to operate a watercraft; or

(c) Has eight one-hundredths percent (.08%) or more by weight volume of alcohol in the person's blood based upon milligrams of alcohol per one hundred (100) cubic centimeters of blood as shown by a chemical analysis of such person's breath, blood or urine administered as authorized by this chapter.

(2)(a) Upon conviction of any person for the first offense of violating subsection (1) of this section where chemical tests provided for under Section 59-23-5 were given, or where chemical test results are not available, such person shall be fined not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00), or imprisoned for not more than twenty-four (24) hours in jail, or both; and the court shall order such person to attend and complete a boating safety education course developed by the Department of Wildlife, Fisheries and Parks.

(b) Upon any second conviction of any person violating subsection (1) of this section, the offenses being committed within a period of five (5) years, the person shall be fined not less than Six Hundred Dollars ($600.00) nor more than One Thousand Dollars ($1,000.00) and shall be imprisoned not less than forty-eight (48) consecutive hours nor more than one (1) year or sentenced to community service work for not less than ten (10) days nor more than one (1) year. The court shall order the person not to operate a watercraft for one (1) year.

(c) For any third conviction of any person violating subsection (1) of this section, the offenses being committed within a period of five (5) years, the person shall be fined not less than Eight Hundred Dollars ($800.00) nor more than One Thousand Dollars ($1,000.00) and shall be imprisoned not less than thirty (30) days nor more than one (1) year. The court shall order the person not to operate a watercraft for two (2) years.

(d) Any fourth or subsequent violation of subsection (1) of this section shall be a felony offense and, upon conviction, the offenses being committed within a period of five (5) years, the person shall be fined not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00) and shall be imprisoned not less than ninety (90) days nor more than five (5) years in the custody of the Department of Corrections. The court shall order the person not to operate a watercraft for three (3) years.

(3) Any person convicted of operating any watercraft in violation of subsection (1) of this section where the person (a) refused a law enforcement officer's request to submit to a chemical test, or (b) was unconscious at the time of a chemical test and refused to consent to the introduction of the results of such test in any prosecution, shall be punished consistent with the penalties prescribed herein for persons submitting to the test and the court shall order the person not to operate a watercraft for the time periods specified in subsection (2) of this section.

(4) Any person who operates any watercraft in violation of the provisions of subsection (1) of this section and who in a negligent manner causes the death of another or mutilates, disfigures, permanently disables or destroys the tongue, eye, lip, nose or any other member or limb of another shall, upon conviction, be guilty of a felony and shall be committed to the custody of the Department of Corrections for a period of time not to exceed ten (10) years.

(5) Upon conviction of any violation of subsection (1) of this section, the judge shall cause a copy of the citation and any other pertinent documents concerning the conviction to be sent immediately to the Mississippi Department of Wildlife, Fisheries and Parks and the Department of Marine Resources. A copy of the citation or other pertinent documents, having been attested as true and correct by the Director of the Mississippi Department of Wildlife, Fisheries and Parks, or his designee, or the Director of the Department of Marine Resources, or his designee, shall be sufficient proof of the conviction for purposes of determining the enhanced penalty for any subsequent convictions of violations of subsection (1) of this section.

(6) The provisions of this section are fully applicable to any person who is under the influence of medical cannabis that is lawful under the Mississippi Medical Cannabis Act and in compliance with rules and regulations adopted thereunder which has impaired the person's ability to operate a watercraft.
Miss. Code Ann. § 59-17-21 — MS Code / Title 59 / Chapter 5 / Section 17-21
Miss. Code Ann. § 59-17-21
Status: in_force

In the event no three (3) counties shall contract on the basis provided for in Section 59-17-19 , then any master water management district may be considered an authorized agency and may enter into a contract with the board whereby they must agree to underwrite any deficits incurred from the operation of the port and/or obligations incurred by the board for the port authority. The board will contract with a master water management district only after they have been convinced that adequate security has been furnished the board to protect the state's investment.
Miss. Code Ann. § 59-7-421 — MS Code / Title 59 / Chapter 7 / Section 7-421
Miss. Code Ann. § 59-7-421
Status: in_force

Any municipality issuing bonds or other obligations pursuant to this article by resolution or resolutions duly adopted, is hereby given authority to execute and deliver a mortgage or deed of trust, in such form, with such validity and with such remedies as at present authorized under the laws of the State of Mississippi, on any or all properties, improvements and facilities, the acquisition, construction, maintenance and/or operation of which are provided for by this article. Such resolution or resolutions of said municipality shall prescribe the provisions, covenants and conditions of any such mortgage or deed of trust. Such provisions, covenants and conditions, if not self-executing, may be enforced by appropriate proceedings, either in law or in equity.
Miss. Code Ann. § 59-5-47 — MS Code / Title 59 / Chapter 3 / Section 5-47
Miss. Code Ann. § 59-5-47
Status: in_force

The proceeds of bonds issued under authority of this chapter shall be paid into a special fund or funds in banks qualified to act as depositories for the city or county in which the port or harbor is located, allocated in such equitable manner as the board may determine and such depositories shall qualify as such by depositing bonds or other securities authorized by law to secure deposits in state depositories. The proceeds of such bonds shall be used solely for payment of the cost of the planned development and the redeeming of any outstanding bonds and shall be disbursed upon order of the board with such restrictions, if any, as the resolution authorizing the issuance of the bonds may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the planned development, and the redeeming of any outstanding bonds, unless otherwise provided in the resolution authorizing the issuance of the bonds, additional bonds may in like manner be issued to provide the amount of such deficit which, unless otherwise provided in the resolution authorizing the issuance of bonds, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which the bonds were issued, the surplus shall be paid into the fund established for the payment of the principal of and the interest on such bonds.
Miss. Code Ann. § 59-9-5 — MS Code / Title 59 / Chapter 7 / Section 9-5
Miss. Code Ann. § 59-9-5
Status: in_force

(1) The term “industrial operations” as used in this chapter shall include but not be limited to any and all enterprises, the operation of which will aid in the development of fisheries, shipyard operations, commerce, navigation or shipping in the port, as well as all forms of manufacturing enterprises, tourism enterprises, and service enterprises.

(2) Wherever the words “county port authority” appear in this chapter, such words shall be deemed to be identical in meaning and in context with the words “county development commission.”
Miss. Code Ann. § 59-9-9 — MS Code / Title 59 / Chapter 3 / Section 9-9
Miss. Code Ann. § 59-9-9
Status: in_force

A county port authority shall be appointed as follows: two (2) members shall be appointed by the Governor, and shall be qualified electors of the county and of the municipality in which the port of entry is located; five (5) members shall be appointed by the board of supervisors of such county; each supervisors district bordering on the Mississippi Sound or the Gulf of Mexico shall have at least one (1) member on such county port authority.

The members of any county port authority created as a county development commission shall be appointed as follows: Two (2) members shall be appointed by the Governor, and shall be qualified electors of the county and of a municipality which is a port of entry in such county; five (5) members shall be appointed, one (1) each by the governing authorities of each incorporated municipality in such county, and five (5) members shall be appointed by the board of supervisors of such county; each supervisors district bordering on the Mississippi Sound or Gulf of Mexico shall have at least one (1) member on such county development commission. After the expiration of the terms in effect on July 1, 1995, the members of the county development commission for Harrison County, Mississippi, which are appointed by the Governor shall be qualified electors of the county.

Before entering upon the duties of the office, each member of such county port authority or county development commission shall take and subscribe to the oath of office required by Section 268 of the Constitution of the State of Mississippi and shall give bond to be approved by the board of supervisors of such county in the sum of Five Thousand Dollars ($5,000.00) conditioned upon the faithful performance of his duties. Such bond shall be made payable to the county, and in case of a breach thereof, suit may be brought thereon upon the relation of the county for the benefit of the county port authority or county development commission. The members of such county port authority or county development commission shall hold office for a term of four (4) years from the date of their appointment and qualification, and until their successor or successors shall be appointed and qualify as set out herein. The members of any municipal port commission shall be eligible for appointment as members of any county port authority or county development commission, but they shall not be paid additional compensation for attending any joint meeting of the county port authority or county development commission and the municipal port commission.

Notwithstanding any provisions of this chapter to the contrary, successors to members of a county development commission whose terms expire in the calendar year 1962, shall be appointed as follows: two (2) members by the Governor for a two-year term, four (4) members by the mayor of each incorporated municipality in the county for a three-year term; and five (5) members by the board of supervisors for a term of four (4) years. Succeeding appointments to the county development commission shall be for a term of four (4) years or until their successors are appointed.
Miss. Code Ann. § 59-11-1 — MS Code / Title 59 / Chapter 7 / Section 11-1
Miss. Code Ann. § 59-11-1
Status: in_force

Any county in the State of Mississippi bordering on the Mississippi Sound or the Gulf of Mexico, which has not heretofore created a county port authority or county development commission as authorized by chapter 9 of this title is hereby authorized, in the discretion of the board of supervisors of such county, as evidenced by a resolution adopted by such board of supervisors, to create a county port and harbor commission.
Miss. Code Ann. § 59-9-57 — MS Code / Title 59 / Chapter 3 / Section 9-57
Miss. Code Ann. § 59-9-57
Status: in_force

The board of supervisors, acting through its county port authority or county development commission, and the governing authorities of the municipality in which the port of entry is located, acting through its port commission, jointly may negotiate a contract or contracts for the development, construction, repair, and maintenance and operation of seaports, wharves, piers, docks, ways, elevators, compresses, warehouses, roadways and water, air and rail terminals and other structures, facilities and lands needful for the convenient use of the same in the aid of commerce or any other property at the port of entry under the joint jurisdiction of such county port authority or county development commission and such port commission. Such county and municipality, acting through the board of supervisors of such county, and the governing authorities of such municipality are authorized to jointly issue bonds or other obligations to provide funds for such joint undertakings. Such bonds shall be issued as provided in Sections 59-9-37 through 59-9-51 , but shall be jointly issued by the board of supervisors of such county and by the governing authorities of the municipality in which the port of entry is located, acting concurrently. Such bonds shall be denominated as port improvement bonds of the county and municipality issuing the same. Unless three-fifths ( 3 / 5 ) of the qualified electors of such county who voted in an election to be held for that purpose shall have voted in favor of the issuance of such bonds and three-fifths ( 3 / 5 ) of the qualified electors of the municipality in which the port of entry is located who voted in an election held for that purpose shall have voted in favor of the issuance of such bonds, then such bonds shall not be issued. Electors of such county who vote in such election vote in favor of the issuance of such bonds and should three-fifths ( 3 / 5 ) of the qualified electors of the municipality in which the port of entry is located who vote in such election vote in favor of the issuance of such bonds, then the board of supervisors of such county and the governing authorities of the municipality in which the port of entry is located may issue such bonds, either in whole or part, within three years after the date of such election or within three years after the termination of any litigation affecting the issuance of such bonds, as such board of supervisors and such governing authorities of the municipality in which the port of entry is located jointly shall deem best. For the payment of such bonds and interest thereon, the board of supervisors of such county and the governing authorities of the municipality in which the port of entry is located, may each pledge the two-mill ad valorem tax authorized by Section 59-9-59 , or such part thereof as may be required for the payment of such bonds and interest thereon. Such county and municipality, acting jointly, may also pledge for the payment of such bonds and interest thereon, the revenues from all or any of the facilities operated or to be operated jointly by the county port authority or county development commission and port commission and any revenues accruing to such county and municipality under and by virtue of Section 59-7-1 or 59-7-303 , and not theretofore pledged or hypothecated, and any such county may also pledge any surplus funds accruing by virtue of Section 65-33-45 or 65-33-47, Mississippi Code of 1972 , and not theretofore pledged or hypothecated, and any other surplus funds available to such county or municipality from any other source. Such bonds shall not be computed as being within any statutory limitation on the issuance of municipal or county bonds, but the two-mill ad valorem tax, or such part thereof as may be necessary for the payment of such bonds and interest thereon, as well as any revenues accruing to such county and municipality under and by virtue of Section 59-7-1 or 59-7-303 , and any surplus accruing to such county under Section 65-33-45 or 65-33-47, Mississippi Code of 1972 , and not theretofore pledged or hypothecated, shall be irrevocably pledged to the payment of such bonds and interest. Any bonds, or other obligations issued pursuant to this section shall be fully negotiable within the meaning and for all the purposes of the Mississippi Uniform Commercial Code. Whenever any county and municipality, acting jointly, shall have issued bonds hereunder, a portion of which remain outstanding and unpaid, and the governing authorities of such county and municipality, acting jointly, desire to issue additional bonds hereunder for the purposes herein authorized and desire to consolidate all such bonded indebtedness, such governing authorities, by resolution or resolutions, may at any time authorize and direct the issuance of bonds. The proceeds of such new bonds shall be used to take up, pay and redeem all of such outstanding and unpaid bonds at their par value, and the balance of such proceeds shall be used and expended for the purposes authorized by this section. In the event that such outstanding bonds, by the terms thereof, shall be redeemable prior to maturity at the option of such county and municipality, acting jointly, then such option of redemption shall be exercised in the manner provided in such bonds, or in the event that such outstanding bonds, by the terms thereof, be not so redeemable prior to maturity, then the consent of the holder or holders thereof shall first be had and obtained to the end that, in either of said events, the redemption of such outstanding bonds may be accomplished concurrently with the issuance of such new bonds. Such new bonds shall be issued in like manner and like incidence and shall be payable from the same source or sources and the payment thereof shall be secured in like manner as herein provided in the case of the issuance of original bonds hereunder. In lieu of selling such portion of such new bonds as may be required to provide for the redemption of such outstanding bonds, such new bonds may be issued and delivered in exchange for and upon surrender and cancellation of a like amount of such outstanding bonds.
Miss. Code Ann. § 59-7-515 — MS Code / Title 59 / Chapter 6 / Section 7-515
Miss. Code Ann. § 59-7-515
Status: in_force

The revenue bonds issued under the provisions of this article shall be payable, both principal and interest, solely out of the revenues to accrue from the operation of the facilities provided through the special project for which such bonds are issued, and the full faith and credit of the county shall not be pledged therefor, nor shall any ad valorem tax be levied for the payment of such bonds or the interest thereon, and such facts shall be recited on the face of the bonds.
Miss. Code Ann. § 59-21-117 — MS Code / Title 59 / Chapter 15 / Section 21-117
Miss. Code Ann. § 59-21-117
Status: in_force

(1) The commission shall adopt and promulgate rules and regulations for the administration and enforcement of the provisions of this chapter, and to advertise and promote the fresh waterways of the state.

(2) The Commission on Marine Resources shall adopt and promulgate rules and regulations for the administration and enforcement of Sections 59-21-111 through 59-21-129 . The Commission on Marine Resources shall adopt rules and regulations in accordance with subsections (4) and (5).

(3) The provisions of Sections 59-21-117 through 59-21-127 shall be applicable to all waters of this state that are under the jurisdiction of the State of Mississippi.

(4) Before any rules and regulations are adopted, the proposed rules and regulations shall be reduced to writing and a public hearing shall be held after at least thirty (30) days' notice of the hearing. The notice shall be published at least one (1) time in a newspaper of general circulation in this state. A copy of the proposed rules and regulations shall be furnished to the sheriff of each county affected at least thirty (30) days prior to the hearing. The hearing shall be held at a place convenient to the largest number of owners of vessels affected by the proposed rules and regulations or, if of general statewide application, shall be held in the City of Jackson, Mississippi.

(5) A copy of the regulations adopted pursuant to this section, and amendments thereto, shall be filed in the office of the commission adopting the regulations and in the office of the sheriff of each county affected where the same shall be maintained as a public record. The rules and regulations shall be published in a convenient form and shall be given to each recipient of an original, renewed, transferred, or a recorded certificate of number.
Miss. Code Ann. § 59-21-29 — MS Code / Title 59 / Chapter 15 / Section 21-29
Miss. Code Ann. § 59-21-29
Status: in_force

Each person registering a boat or boats under this chapter may at the same time register with the commission the serial numbers of all outboard motors owned by said person.
Miss. Code Ann. § 59-21-33 — MS Code / Title 59 / Chapter 3 / Section 21-33
Miss. Code Ann. § 59-21-33
Status: in_force

All vessels, outboard motors, boats and trailers having awarded numbers or identification numbers or marks which have been removed, changed, mutilated or defaced contrary to this chapter are subject to forfeiture. Any such property shall be seized by any conservation officer or enforcement officer of the Department of Wildlife, Fisheries and Parks, or other officer of the law including any sheriff or deputy sheriff. Upon the seizure of such property, forfeiture proceedings shall be instituted pursuant to Sections 49-7-251 through 49-7-257 . Provided, however, that any such property which has previously been registered or titled within the State of Mississippi is not subject to forfeiture if the application for registration or title contained no false or fraudulent information, or if the property seized has a value less than One Thousand Dollars ($1,000.00).
Miss. Code Ann. § 59-17-51 — MS Code / Title 59 / Chapter 5 / Section 17-51
Miss. Code Ann. § 59-17-51
Status: in_force

The net revenues, rents, and earnings derived from any planned development or the net revenues, rents, and earnings received by the board produced by a state inland port, harbor, or part thereof, for which bonds have been issued, shall be pledged and allocated by the board to the payment of the principal of and interest on the bonds issued for such planned development as the resolution authorizing the issuance of the bonds may provide, and such pledge may include funds received from one or more or all sources available to such planned development and shall be set aside at regular intervals into a sinking fund, which sinking fund shall be pledged to and charged with the payment of:

(a) The interest upon such bonds as such interest shall accrue.

(b) The principal of the bonds as the same shall become due.

(c) The necessary charges of the paying agent or paying agents for paying principal and interest of and on such bonds.

(d) Any premium on bonds retired by call or purchase as may be provided therein.

(e) Net revenues shall be defined in the agreement between the board and the participating counties, or other authorized agency.

The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing any issue of bonds, but except as may otherwise be provided in such resolution, such sinking fund shall be a fund for the benefit of all bonds issued under such resolution, without distinction or priority of one over the other. Subject to the provisions of the resolution authorizing the issuance of the bonds, surplus moneys in the sinking fund may be applied to the purchase or redemption of any of such bonds, and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.
Miss. Code Ann. § 59-23-3 — MS Code / Title 59 / Chapter 13 / Section 23-3
Miss. Code Ann. § 59-23-3
Status: in_force

For the purposes of this chapter, the following terms shall have the following meanings unless the context shall prescribe otherwise:

(a) “ Chemical test ” means an analysis of a person's blood, breath, urine or other bodily substance for the determination of the presence of alcohol or any other substance which may impair a person's mental or physical ability.

(b) “ Intoxicated ” means under the influence of alcohol or any combination of alcohol, controlled substance or drugs, so that there is impaired thought and action and loss of normal control of a person's faculties to such an extent as to endanger any person.

(c) “ Law enforcement officer ” means any officer described in Section 63-11-19 and includes a conservation officer employed by the Mississippi Department of Wildlife, Fisheries and Parks and a marine law enforcement officer employed by the Department of Marine Resources.

(d) “ Prima facie evidence of intoxication ” includes evidence that at the time of an alleged violation there was eight one-hundredths percent (.08%) or more by weight of alcohol in the person's blood.

(e) “ Public waters ” means all public waters over which the state has jurisdiction.

(f) “ Watercraft ” means a motorized vessel with a motor of twenty-five (25) horsepower or greater used for transportation on public waters and personal watercraft (jet skis).

(g) “ Operates a watercraft ” or “ operation of a watercraft ” shall mean a watercraft that is underway in the water.