reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 59 - PORTS, HARBORS, LANDINGS AND WATERCRAFT (§§ 59-1-1 — 59-25-17) › Chapter 21 - BOATS AND OTHER VESSELS (§§ 59-21-1 — 59-21-163) › ENFORCEMENT; PENALTIES; ACTIONS (§§ 59-21-151 — 59-21-163) › Section 59-21-155 - Disposition of fines and penalties

All monies collected as fines or penalties for violation of the provisions of this chapter shall be paid over by the court, justice court judge, or other officer collecting or receiving the fines or penalties to the county having jurisdiction over the violation as provided by law.
Codes, 1942, § 8496-26; Laws, 1960, ch. 165, § 26; Laws, 1964, ch. 468, § 11; Laws, 1982, ch. 365, § 14; Laws, 1995, ch. 439, § 4, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 59 - PORTS, HARBORS, LANDINGS AND WATERCRAFT (§§ 59-1-1 — 59-25-17) › Chapter 21 - BOATS AND OTHER VESSELS (§§ 59-21-1 — 59-21-163) › ENFORCEMENT; PENALTIES; ACTIONS (§§ 59-21-151 — 59-21-163) › Section 59-21-157 - Civil liability for violation of provisions of chapter

The owner or operator of a vessel, or both, shall be civilly liable for any injury or damage proximately resulting from the negligent failure of such owner or operator to comply with any of the provisions of this chapter.
Codes, 1942, § 8496-27; Laws, 1960, ch. 165, § 27, eff. 4/14/1960.
Mississippi Code 1972 (2023) › Title 59 - PORTS, HARBORS, LANDINGS AND WATERCRAFT (§§ 59-1-1 — 59-25-17) › Chapter 21 - BOATS AND OTHER VESSELS (§§ 59-21-1 — 59-21-163) › ENFORCEMENT; PENALTIES; ACTIONS (§§ 59-21-151 — 59-21-163) › Section 59-21-159 - Venue of actions based upon chapter

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.
Codes, 1942, § 8496-27; Laws, 1960, ch. 165, § 27, eff. 4/14/1960.
Mississippi Code 1972 (2023) › Title 59 - PORTS, HARBORS, LANDINGS AND WATERCRAFT (§§ 59-1-1 — 59-25-17) › Chapter 21 - BOATS AND OTHER VESSELS (§§ 59-21-1 — 59-21-163) › ENFORCEMENT; PENALTIES; ACTIONS (§§ 59-21-151 — 59-21-163) › Section 59-21-161 - Service of process on nonresidents

The acceptance by a nonresident of the right and privileges of operating a vessel or motorboat on any of the waters of this state, as evidenced by his operating, either in person or by agent or employee, a vessel or motorboat upon any of the navigable waters of this state, shall be deemed equivalent to an appointment by such nonresident of the secretary of state of the State of Mississippi to be his true and lawful attorney, upon whom may be served all lawful processes or summonses in any action or proceeding against him, growing out of a violation of the provisions of this chapter, or of any accident in which said nonresident may be involved while operating a vessel or motorboat on the navigable waters of the state. Such service of process may be had in the same manner as is provided by Section
13-3-63
, for the service of process on nonresidents operating motor vehicles upon the highways of this state, and shall have the same effect.
Codes, 1942, § 8496-27; Laws, 1960, ch. 165, § 27, eff. 4/14/1960.
Mississippi Code 1972 (2023) › Title 59 - PORTS, HARBORS, LANDINGS AND WATERCRAFT (§§ 59-1-1 — 59-25-17) › Chapter 21 - BOATS AND OTHER VESSELS (§§ 59-21-1 — 59-21-163) › ENFORCEMENT; PENALTIES; ACTIONS (§§ 59-21-151 — 59-21-163) › Section 59-21-163 - Effect of Sections 59-21-157 through 59-21-161 on other causes of action

The provisions of Sections
59-21-157
through
59-21-161
shall not be construed to limit any cause of action heretofore maintainable at common law, maritime law or in admiralty, but shall be cumulative and supplemental thereto.
Codes, 1942, § 8496-27; Laws, 1960, ch. 165, § 27, eff. 4/14/1960.
Mississippi Code 1972 (2023) › Title 59 - PORTS, HARBORS, LANDINGS AND WATERCRAFT (§§ 59-1-1 — 59-25-17) › Chapter 23 - ALCOHOL BOATING SAFETY ACT (§§ 59-23-1 — 59-23-7) › Section 59-23-1 - Short title

This chapter shall be known and may be cited as the "Alcohol Boating Safety Act."
Laws, 1995, ch. 620, § 1, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 59 - PORTS, HARBORS, LANDINGS AND WATERCRAFT (§§ 59-1-1 — 59-25-17) › Chapter 23 - ALCOHOL BOATING SAFETY ACT (§§ 59-23-1 — 59-23-7) › Section 59-23-3 - Definitions

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.
Laws, 1995, ch. 620, § 2; Laws, 1996, ch. 406, § 1; Laws, 2010, ch. 370, § 1, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 59 - PORTS, HARBORS, LANDINGS AND WATERCRAFT (§§ 59-1-1 — 59-25-17) › Chapter 25 - CERTIFICATES OF TITLE FOR BOATS AND OTHER VESSELS (§§ 59-25-1 — 59-25-17) › Section 59-25-1 - Definitions

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.S., 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.
Laws, 1997, ch. 393, § 1; Laws, 1998, ch. 362, § 1, eff. 3/16/1998.
Mississippi Code 1972 (2023) › Title 59 - PORTS, HARBORS, LANDINGS AND WATERCRAFT (§§ 59-1-1 — 59-25-17) › Chapter 25 - CERTIFICATES OF TITLE FOR BOATS AND OTHER VESSELS (§§ 59-25-1 — 59-25-17) › Section 59-25-5 - Issuances of certificate of title; procedures and fees

(1)
The department may charge a fee not to exceed Ten Dollars ($10.00) to issue a certificate of title; a transfer of title or a duplicate or corrected certificate of title.
(2)
The holder of an original title shall apply for a duplicate title within thirty (30) days after, or after the discovery of, the loss, theft, mutilation or destruction of an original certificate of title. The department shall issue a duplicate certificate of title plainly marked "duplicate" across its face upon application by the person entitled to hold the certificate if the department is satisfied that the original certificate has been lost, stolen, mutilated, destroyed or has become illegible. The applicant shall furnish information concerning the original certificate and the circumstances of its loss, theft, mutilation or destruction. Mutilated or illegible certificates shall be returned to the department with the application for a duplicate. If a duplicate certificate of title has been issued and the lost or stolen original is recovered, the original shall be promptly surrendered to the department for cancellation.
Laws, 1997, ch. 393, § 3, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 59 - PORTS, HARBORS, LANDINGS AND WATERCRAFT (§§ 59-1-1 — 59-25-17) › Chapter 25 - CERTIFICATES OF TITLE FOR BOATS AND OTHER VESSELS (§§ 59-25-1 — 59-25-17) › Section 59-25-7 - Certificate of origin; records of sale, purchase, or exchange of vessel

(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.
Laws, 1997, ch. 393, § 4, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 59 - PORTS, HARBORS, LANDINGS AND WATERCRAFT (§§ 59-1-1 — 59-25-17) › Chapter 25 - CERTIFICATES OF TITLE FOR BOATS AND OTHER VESSELS (§§ 59-25-1 — 59-25-17) › Section 59-25-9 - Hull identification numbers; motor serial numbers

(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.
Laws, 1997, ch. 393, § 5, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 59 - PORTS, HARBORS, LANDINGS AND WATERCRAFT (§§ 59-1-1 — 59-25-17) › Chapter 25 - CERTIFICATES OF TITLE FOR BOATS AND OTHER VESSELS (§§ 59-25-1 — 59-25-17) › Section 59-25-11 - Transfer of title by operation of law

(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.
Laws, 1997, ch. 393, § 6, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 59 - PORTS, HARBORS, LANDINGS AND WATERCRAFT (§§ 59-1-1 — 59-25-17) › Chapter 25 - CERTIFICATES OF TITLE FOR BOATS AND OTHER VESSELS (§§ 59-25-1 — 59-25-17) › Section 59-25-15 - Certificate of number prima facie evidence of ownership

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.
Laws, 1997, ch. 393, § 8, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 59 - PORTS, HARBORS, LANDINGS AND WATERCRAFT (§§ 59-1-1 — 59-25-17) › Chapter 25 - CERTIFICATES OF TITLE FOR BOATS AND OTHER VESSELS (§§ 59-25-1 — 59-25-17) › Section 59-25-17 - Authority of department to adopt rules and regulations, prescribe forms, and carry out investigations

(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.
Laws, 1997, ch. 393, § 9, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 1 - TRANSPORTATION COMMISSION (§§ 61-1-1 — 61-1-49) › Section 61-1-1 - Purpose of chapter

It is hereby declared that the purpose of this chapter is to further the public interest and aeronautical progress by providing for the protection, promotion and development of aeronautics; by cooperating in effecting a uniformity of the laws relating to the development of aeronautics in the several states; by revising existing statutes relative to the development and regulation of aeronautics so as to grant to a state agency such powers and impose upon it such duties that the state may properly perform its functions relative to aeronautics and effectively exercise its jurisdiction over persons and property within the state, that the state may assist in the promotion of a statewide system of airports, and that the state may cooperate with and assist the political subdivisions of this state in order that those engaged in aeronautics of every character may so engage with the least possible restriction consistent with the safety and the rights of other persons; and by providing for cooperation with the federal authorities in the development of a national system of civil aviation and for the coordination of the aeronautical activities of those authorities and the authorities of this state by assisting in accomplishing the purposes of federal legislation and eliminating costly and unnecessary duplication of functions properly in the province of the federal agencies.
Codes, 1942, § 7536-01; Laws, 1946, ch. 417, § 1; Laws, 1948, ch. 189, § 1, eff. 7/1/1948.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 1 - TRANSPORTATION COMMISSION (§§ 61-1-1 — 61-1-49) › Section 61-1-5 - [Repealed]

Repealed by Laws, 1992, ch. 496, § 36, eff. 7/1/1992.
Codes, 1942, § 7536-02; Laws, 1946, ch. 417, § 2; 1948, ch. 189, § 2; 1958, ch. 462; 1989, ch. 544, § 51, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 1 - TRANSPORTATION COMMISSION (§§ 61-1-1 — 61-1-49) › Section 61-1-7 - through 61-1-11 - [Repealed]

Repealed by Laws, 1989, ch. 544, § 53, eff. 7/1/1989.
§ 61-1-7. [Codes, 1942, § 7536-03; Laws, 1946, ch. 417, § 3; 1948, ch. 189, § 3; 1970, ch. 424, § 1] § 61-1-9. [Codes, 1942, §§ 7536-03, 7536-04; Laws, 1946, ch. 417, §§ 3, 4; 1948, ch. 189, §§ 3, 4; 1970, ch. 424, § 1] § 61-1-11. [Codes, 1942, § 7536-05; Laws, 1946, ch. 417, § 5; 1948, ch. 189, § 5]
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 1 - TRANSPORTATION COMMISSION (§§ 61-1-1 — 61-1-49) › Section 61-1-15 - Rules, regulations, standards, orders and procedures

(1)
Power to issue.
The commission may perform such acts, issue and amend such orders, make, promulgate, and amend such reasonable general or special rules, regulations and procedures, and establish such minimum standards consistent with the provisions of this chapter, as it shall deem necessary to carry out the provisions of this chapter and to perform its duties hereunder, all commensurate with and for the purpose of protecting and insuring the general public interest and safety, the safety of persons operating, using or traveling in aircraft or persons receiving instruction in flying or ground subjects pertaining to aeronautics, and the safety of persons and property on land or water, and developing and promoting aeronautics in this state. No rule or regulation of the commission shall apply to airports or air navigation facilities owned or operated by the United States.
(2)
Conformity to federal legislation and rules.
No rules, regulations, orders or standards prescribed by the commission shall be inconsistent with, or contrary to, any act of the congress of the United States or any regulations promulgated or standards established pursuant thereto.
(3)
Filing.
The commission shall keep on file with the secretary of state, and at the principal office of the commission, a copy of all its rules and regulations for public inspection.
(4)
Distribution.
The commission shall provide for the publication and general distribution of all its orders, rules, regulations and procedures having general effect.
Codes, 1942, § 7536-11; Laws, 1948, ch. 189, § 8, eff. 7/1/1948.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 1 - TRANSPORTATION COMMISSION (§§ 61-1-1 — 61-1-49) › Section 61-1-17 - Cooperation with federal government

The commission is authorized to cooperate with the government of the United States, and any agency or department thereof, in the acquisition, construction, improvement, maintenance and operation of airports and other air navigation facilities in this state, and to comply with the provisions of the laws of the United States and any regulations made thereunder for the expenditure of federal monies upon such airports and other air navigation facilities.
Codes, 1942, § 7536-07; Laws, 1946, ch. 417, § 7(1); Laws, 1948, ch. 189, § 7(1), eff. 7/1/1948.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 1 - TRANSPORTATION COMMISSION (§§ 61-1-1 — 61-1-49) › Section 61-1-19 - Acceptance of federal funds and other donations

The commission is authorized to accept, receive, and receipt for federal monies and other monies, either public or private, for and in behalf of this state, or any municipality thereof, when authorized by the municipality to do so, for the acquisition, construction, improvement, maintenance, and operation of airports and other air navigation facilities, whether such work is to be done by the state or by such municipalities or any other political subdivision of the State of Mississippi aided by grants of aid for the United States, upon such terms and conditions as are or may be prescribed by the laws of the United States and any rules or regulations made thereunder. The commission is authorized to act as agent of any municipality or other person or persons in accepting, receiving, and receipting for such monies in its behalf for airports or other air navigation facility purposes, and in contracting for the acquisition, construction, improvement, maintenance, or operation of airports or other air navigation facilities, financed either in whole or in part by federal monies. The governing body of any such municipality or other person or persons is authorized to designate the commission as its agent for such purposes and to enter into an agreement with it prescribing the terms and conditions of such agency in accordance with federal laws, rules and regulations and with this chapter. Such monies as are paid over by the United States government shall be retained by the state or paid over to said municipalities or other person or persons under such terms and conditions as may be imposed by the United States government in making such grants.
Codes, 1942, § 7536-08; Laws, 1946, ch. 417, § 7(2); Laws, 1948, ch. 189, § 7(2), eff. 7/1/1948.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 1 - TRANSPORTATION COMMISSION (§§ 61-1-1 — 61-1-49) › Section 61-1-21 - Contracts of commission

All contracts for the acquisition, construction, improvement, maintenance, and operation of airports, or other air navigation facilities made by the commission, either as the agent of this state or as the agent of any municipality or other person or persons, shall be made pursuant to the laws of this state governing the making of like contracts. However, where the acquisition, construction, improvement, maintenance, and operation of any airport, landing strip, or other air navigation facility is financed wholly or partially with federal money, the commission, as agent of the state or any municipality or other person or persons thereof, may let contracts in the same manner prescribed by the federal authorities, acting under the laws of the United States, and any rules or regulations made thereunder, notwithstanding any other state law to the contrary.
Codes, 1942, § 7536-09; Laws, 1946, ch. 417, § 7(3); Laws, 1948, ch. 189, § 7(3), eff. 7/1/1948.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 1 - TRANSPORTATION COMMISSION (§§ 61-1-1 — 61-1-49) › Section 61-1-23 - Deposit and disbursement of funds

All monies accepted for disbursement by the commission pursuant to Section
61-1-19
shall be deposited in the state treasury, and unless otherwise prescribed by the authority from which the money is received, kept in separate funds, designated according to the purposes for which the monies were made available, and held by the state in trust for such purposes. All monies are hereby appropriated for the purposes for which the same were made available, to be expended in accordance with federal laws and regulations and with this chapter. The commission is authorized, whether acting for this state or as the agent of any of its municipalities or other person or persons, or when requested by the United States government or any agency or department thereof, to disburse such monies for the designated purposes, but this shall not preclude any other authorized method of disbursement.
Codes, 1942, § 7536-10; Laws, 1946, ch. 417, § 7(4); Laws, 1948, ch. 189, § 7(4), eff. 7/1/1948.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 1 - TRANSPORTATION COMMISSION (§§ 61-1-1 — 61-1-49) › Section 61-1-25 - through 61-1-29 - [Repealed]

Repealed by Laws, 1984, ch. 516, § 9, eff. 12/31/1984.
§ 61-1-25. [Codes, 1942, § 7536-15; Laws, 1948, ch. 189, § 11; repealed 1982, ch. 469, § 9; reenacted 1984, ch. 516, § 9] § 61-1-27. [Codes, 1942, § 7536-15; Laws, 1948, ch. 189, § 11; repealed 1982, ch. 469, § 9; reenacted 1984, ch. 516 § 9] § 61-1-29. [Codes, 1942, § 7536-15; Laws, 1948, ch. 189, § 11; 1972, ch. 475, § 1; repealed 1982, ch. 469, § 9; reenacted 1984, ch. 516, § 9]
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 1 - TRANSPORTATION COMMISSION (§§ 61-1-1 — 61-1-49) › Section 61-1-33 - Approval of municipal projects

No municipality in this state, whether acting alone or jointly with another municipality, or with the state, shall submit to any federal agency or department of the United States any project application under the provisions of any act of Congress which provides airport planning funds or airport construction and development funds for the expansion and improvement of the airport system unless the project and project application have been first approved by the Mississippi Transportation Commission.
Codes, 1942, § 7536-25; Laws, 1948, ch. 189, § 20; Laws, 1974, ch. 447; Laws, 1992, ch. 496, § 28, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 1 - TRANSPORTATION COMMISSION (§§ 61-1-1 — 61-1-49) › Section 61-1-35 - Conduct of investigations, inquiries and hearings

The commission, any member thereof, the director or any officer or employee of the commission designated by it, shall have the power to hold investigations, inquiries and hearings concerning matters covered by the provisions of this chapter and the rules, regulations and orders of the commission, and concerning accidents in aeronautics within this state. Hearings shall be open to the public, and, except as provided in this chapter, shall be held upon such call or notice as the commission shall deem advisable. Each member of the commission, the director and every officer or employee of the commission designated by it to hold any inquiry, investigation or hearing shall have the power to administer oaths and affirmations, certify to all official acts, issue subpoenas, and order the attendance and testimony of witnesses and the production of papers, books and documents. In case of the failure of any person to comply with any subpoena or order issued under the authority of this section, the commission or its authorized representative may invoke the aid of any court of this state of general jurisdiction. The court may thereupon order such person to comply with the requirements of the subpoena or order or to give evidence touching the matter in question. Failure to obey the order of the court may be punished by the court as a contempt thereof.
Codes, 1942, § 7536-17; Laws, 1948, ch. 189, § 13(1), eff. 7/1/1948.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 1 - TRANSPORTATION COMMISSION (§§ 61-1-1 — 61-1-49) › Section 61-1-37 - Use and limitations on reports of investigations and hearings

In order to facilitate the making of investigations by the commission in the interest of public safety and promotion of aeronautics, the public interest requires, and it is therefor provided, that the reports of investigations or hearings or any part thereof, shall not be admitted in evidence or used for any purpose in any suit, action or proceeding growing out of any matter referred to in said investigation, hearing or report thereof, except in case of any suit, action or proceeding, civil or criminal, instituted by or in behalf of the commission or in the name of the state under the provisions of this chapter or other laws of the state relating to aeronautics. No member of the commission, or the director, or any officer or employee of the commission shall be required to testify to any facts ascertained in, or information gained by reason of, his official capacity, or be required to testify as an expert witness in any suit, action or proceeding involving any aircraft. Subject to the foregoing provisions, the commission may in its discretion make available to appropriate federal, state and municipal agencies information and material developed in the course of its investigations and hearings.
Codes, 1942, § 7536-18; Laws, 1948, ch. 189, § 13(2), eff. 7/1/1948.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 1 - TRANSPORTATION COMMISSION (§§ 61-1-1 — 61-1-49) › Section 61-1-39 - Federal-state joint hearings; cooperation between governments; accident reporting

The commission is authorized to confer with or to hold joint hearings with any agency of the United States in connection with any matter arising under this chapter, or relating to the sound development of aeronautics.
The commission is authorized to avail itself of the cooperation, services, records and facilities of the agencies of the United States as fully as may be practicable in the administration and enforcement of this chapter. The commission shall furnish to the agencies of the United States its cooperation, services, records and facilities, insofar as may be practicable.
The commission shall report to the appropriate agency of the United States all accidents in aeronautics in this state of which it is informed, and shall insofar as is practicable preserve, protect and prevent the removal of the component parts of any aircraft involved in an accident being investigated by it until the federal agency institutes an investigation.
Codes, 1942, § 7536-19; Laws, 1948, ch. 189, § 14, eff. 7/1/1948.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 1 - TRANSPORTATION COMMISSION (§§ 61-1-1 — 61-1-49) › Section 61-1-41 - Use of state and municipal facilities and services

In carrying out the provisions of this chapter the commission may use the facilities and services of other agencies of the state and of the municipalities of the state to the utmost extent possible. Such agencies and municipalities are authorized and directed to make available their facilities and services.
Codes, 1942, § 7536-20; Laws, 1948, ch. 189, § 15, eff. 7/1/1948.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 1 - TRANSPORTATION COMMISSION (§§ 61-1-1 — 61-1-49) › Section 61-1-43 - Enforcement of chapter and rules and regulations

It shall be the duty of the commission, its members, the director, officers and employees of the commission, and every state and municipal officer charged with the enforcement of state and municipal laws, to enforce and assist in the enforcement of this chapter and of all rules, regulations and orders issued pursuant thereto and of all other laws of this state relating to aeronautics. In that connection each of the aforesaid persons is authorized to inspect and examine at reasonable hours any premises, and the buildings and other structures thereon, where airports, air navigation facilities, air schools, or other aeronautical activities are operated or conducted. In aid of the enforcement of this chapter, the rules, regulations and orders issued pursuant thereto and of all other laws of the state relating to aeronautics, general police powers are hereby conferred upon the commission, each of its members, the director, and such of the officers and employees of the commission as may be designated by it to exercise such powers.
The commission is authorized, in the name of the state, to enforce the provisions of this chapter and the rules, regulations and orders issued pursuant thereto by injunction or other legal process in the courts of this state.
Codes, 1942, § 7536-21; Laws, 1948, ch. 189, § 16, eff. 7/1/1948.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 1 - TRANSPORTATION COMMISSION (§§ 61-1-1 — 61-1-49) › Section 61-1-45 - Commission orders

Every order of the commission requiring performance of certain acts or compliance with certain requirements, and every denial or revocation of an approval, certificate or license, shall set forth the reasons and shall state the acts to be done or requirements to be met before approval by the commission will be given or the approval, license or certificate granted or restored or the order modified or changed. Orders issued by the commission pursuant to the provisions of this chapter shall be served upon the persons affected either by registered mail or in person. In every case where notice and opportunity for hearing are required under the provisions of this chapter the order of the commission shall, on not less than thirty days' notice, specify a time when and place where the person affected may be heard, or the time within which he may request hearing. Such order shall become effective upon the expiration of the time for exercising such opportunity for hearing, unless a hearing is held or requested within the time provided, in which case the order shall be suspended until the commission shall affirm, disaffirm or modify such order after hearing held or default by the person affected. To the extent practicable, hearings on such orders shall be held in the county where the affected person resides or does business. Any person aggrieved by an order of the commission or by the grant, denial or revocation of any approval, license or certificate may have the action of the commission reviewed by the circuit court of Hinds County, Mississippi, on appeal thereto.
Codes, 1942, § 7536-22; Laws, 1948, ch. 189, § 17, eff. 7/1/1948.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 1 - TRANSPORTATION COMMISSION (§§ 61-1-1 — 61-1-49) › Section 61-1-47 - Penalties for violations of chapter and rules and regulations

Any person violating any of the provisions of this chapter or any of the rules, regulations or orders issued pursuant thereto, shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment of more than six (6) months, or both.
For any violation of the provisions of this chapter, in addition to, or in lieu of, the penalties provided by the first paragraph of this section, or as a condition to the suspension of a sentence which may be imposed pursuant thereto, the court, in its discretion, may prohibit the violator from operating an aircraft within the state for such period as it may determine but not to exceed one year. Violation of the duly imposed prohibition of the court may be treated as a separate offense under this section or as a contempt of court. Upon a plea of guilty or conviction hereunder in any case involving a registrant, under the provisions of this chapter, the court shall cause a notation of such plea or conviction and of the sentence imposed to be marked upon the pilot certificate or other evidence of pilot registration or receipt provided by the commission under the provisions of this chapter and the court shall cause a copy of its order or sentence to be forwarded to the commission, the cost of furnishing same to be added as a part of cost in such cause. In no event shall this paragraph be construed as warrant for the court or any other agency or person to take away, impound, hold or mark any federal airman or aircraft certificate, permit, rating or license, or to take away, impound or hold any state registration certificate or other evidence of such registration.
Codes, 1942, § 7536-23; Laws, 1948, ch. 189, § 18; Laws, 1956, ch. 361.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 1 - TRANSPORTATION COMMISSION (§§ 61-1-1 — 61-1-49) › Section 61-1-49 - Exchange of information as to violations

The commission is authorized to report to the appropriate federal agencies and agencies of other states all proceedings instituted charging violation of the provisions of this chapter and all penalties, of which it has knowledge, imposed upon airmen or the owners or operators of aircraft for violations of the law of this state relating to aeronautics or for violations of the rules, regulations or orders of the commission. The commission is authorized to receive reports of penalties and other data from agencies of the federal government and other states, and when necessary, to enter into agreements with federal agencies and the agencies of other states governing the delivery, receipt, exchange and use of reports and data. The commission may make the reports and data of the federal agencies, the agencies of other states, and the courts of this state available, with or without request therefor, to any and all courts of this state, and to any officer of the state or of a municipality authorized pursuant to the provisions of this chapter to enforce the aeronautics laws.
Codes, 1942, § 7536-24; Laws, 1948, ch. 189, § 19, eff. 7/1/1948.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 3 - AIRPORT AUTHORITIES (§§ 61-3-1 — 61-3-85) › Section 61-3-1 - Short title

This chapter may be cited as the "Airport Authorities Law."
Codes, 1942, § 7545-52; Laws, 1958, ch. 230, § 22.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 3 - AIRPORT AUTHORITIES (§§ 61-3-1 — 61-3-85) › Section 61-3-5 - Creation of municipal airport authority; applicability

Any municipality or a state-supported institution of higher learning or a public community or junior college, by resolution, may create a public body, corporate and politic, to be known as a municipal airport authority, which shall be authorized to exercise its functions upon the appointment and qualification of the first commissioners thereof. Upon the adoption of a resolution creating a municipal airport authority, the governing body of the municipality or of the state-supported institution of higher learning or other public community or junior college, pursuant to the resolution, shall appoint five (5) persons as commissioners of the authority. The commissioners who are first appointed shall be designated to serve for terms of one (1), two (2), three (3), four (4) and five (5) years, respectively. Thereafter, each commissioner shall be appointed for a term of five (5) years, except that vacancies occurring otherwise than by the expiration of term shall be filled for the unexpired term in the same manner as the original appointments. This section shall not apply to the airport authority created in Section
61-3-6
.
Codes, 1942, § 7545-32; Laws, 1958, ch. 230, § 2; Laws, 1999, ch. 309, § 2, eff. 7/1/1999.
Amended by Laws, 2016, ch. 456, SB 2162, 3, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 3 - AIRPORT AUTHORITIES (§§ 61-3-1 — 61-3-85) › Section 61-3-8 - Government of regional airport authority located within two or more judicial districts

A regional airport authority located outside of municipal boundaries and that is within two (2) or more judicial districts may, in its discretion, adopt a resolution declaring which judicial district shall govern the regional airport authority. Upon adoption of the resolution, the regional airport authority shall be governed by all laws, regulations, rules and ordinances applicable to the judicial district.
Laws, 1992, ch. 464, § 3, eff. 5/5/1992.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 3 - AIRPORT AUTHORITIES (§§ 61-3-1 — 61-3-85) › Section 61-3-9 - Certificate of incorporation of regional airport authority

Upon the appointment and qualification of the commissioners first appointed to a regional airport authority, they shall submit to the secretary of state a certified copy of each resolution adopted pursuant to subsection (1) of Section
61-3-7
by the municipalities included in the regional authority. Upon receipt thereof, the secretary of state shall issue a certificate of incorporation to the regional airport authority.
When a regional airport authority is increased or decreased pursuant to subsections (2) and (3) of Section
61-3-7
, it shall forward to the secretary of state a certified copy of each resolution adopted pursuant thereto and, upon receipt thereof, the secretary of state shall issue an amended certificate of incorporation in accordance therewith.
Codes, 1942, § 7545-34; Laws, 1958, ch. 230, § 4.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 3 - AIRPORT AUTHORITIES (§§ 61-3-1 — 61-3-85) › Section 61-3-11 - Proof of existence and authority of airport authority

In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of a municipal airport authority, created pursuant to Section
61-3-5
, the municipal authority shall be conclusively deemed to have become established and authorized to transact its business and exercise its powers upon proof of the adoption by the municipality of the resolution creating the municipal airport authority and of the appointment and qualification of the first commissioners thereof. Duly certified copies of the resolution creating the authority and of the certificates of appointment of the commissioners shall be admissible in evidence in any suit, action, or proceeding.
In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of a regional airport authority, such regional airport authority shall be conclusively deemed to have become established and authorized to transact its business and exercise its powers upon proof of the issuance by the secretary of state of a certificate of incorporation of such regional airport authority. A copy of such certificate of incorporation, duly certified by the secretary of state, shall be admissible in evidence in any suit, action, or proceeding.
Codes, 1942, § 7545-35; Laws, 1958, ch. 230, § 5.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 3 - AIRPORT AUTHORITIES (§§ 61-3-1 — 61-3-85) › Section 61-3-13 - Compensation of commissioners; meetings of authority; voting; officers

(1)
Each commissioner of a regional or municipal airport authority may receive from that airport authority per diem compensation in the amount provided by Section
25-3-69
for each day or fraction of a day engaged in attendance of meetings of the authority or engaged in other official duties of the authority, not to exceed one hundred twenty (120) days in any one (1) year, and may receive from the airport authority actual traveling expenses incurred in the discharge of his duties. Each commissioner shall hold office until his successor has been appointed and has qualified. The certificates of the appointment and reappointment of commissioners shall be filed with the authority.
(2)
The powers of each authority shall be vested in the commissioners of that authority. A majority of the commissioners of an authority shall constitute a quorum for the purpose of conducting the business of the authority and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of not less than a majority of the commissioners present. There shall be elected a chairman and vice chairman from among the commissioners.
(3)
The commissioners of an authority shall designate an executive director, who shall be the chief executive officer of the authority and shall perform those duties as are required by law and any other duties as may be assigned by the commissioners. The commissioners may designate the executive director as the purchasing agent of the authority. If so designated, the executive director shall have the authority of the purchasing agent of a state agency under Section
31-7-13
.
Codes, 1942, § 7545-36; Laws, 1958, ch. 230, § 6; Laws, 1978, ch. 396, § 2; Laws, 1994, ch. 384, § 1; Laws, 2004, ch. 433, § 2; Laws, 2012, ch. 450, § 1, eff. 4/19/2012.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 3 - AIRPORT AUTHORITIES (§§ 61-3-1 — 61-3-85) › Section 61-3-17 - Exercise of power of eminent domain

In the acquisition of property by eminent domain proceedings authorized by this chapter, an authority shall proceed in the manner provided by Chapter 27 of Title 11, Mississippi Code of 1972, and as elsewhere provided by law. For the purpose of making surveys and examinations relative to eminent domain proceedings, it shall be lawful for the authority to enter upon the land, doing no unnecessary damage. Notwithstanding the provisions of any other statute or other law, an authority may take possession of any property to be acquired by eminent domain proceedings at any time after the commencement of such proceedings upon a specific finding by the authority of the public necessity for the immediate acquisition of the property pursuant to Section
11-27-81
et seq., and compliance with all the provisions of Section
11-27-81
et seq., including the provisions for making a deposit. The authority shall not be precluded from abandoning such proceedings at any time prior to final order and decree of the court having jurisdiction of such proceedings. The authority shall be liable to the owner of the property for any damage done to the property during possession thereof by the authority.
Codes, 1942, § 7545-38; Laws, 1958, ch. 230, § 8; Laws, 1996, ch. 404, § 3, eff. 7/1/1996.