reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 41 - FINANCING INDUSTRIAL ENTERPRISE PROJECTS (§§ 57-41-1 — 57-41-17) › Section 57-41-15 - Construction of chapter

This chapter, without reference to any other statute, shall be deemed to be full and complete authority for the issuance of the aforesaid notes, and shall be construed as an additional and alternative method therefor, and none of the present restrictions, requirements, conditions or limitations of law applicable to the issuance or sale of bonds, notes or other obligations by municipalities in this state shall apply to the issuance and sale of notes under this chapter, and no proceedings shall be required for the issuance of such notes other than those provided for and required herein, and all powers necessary to be exercised in order to carry out the provisions of this chapter are hereby conferred.
Laws, 1981, ch. 463, § 8, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 41 - FINANCING INDUSTRIAL ENTERPRISE PROJECTS (§§ 57-41-1 — 57-41-17) › Section 57-41-17 - Adoption of rules and regulations

The Mississippi Board of Economic Development is authorized and empowered to adopt and put into effect all reasonable rules and regulations that it may deem necessary to carry out the provisions of this chapter not inconsistent therewith, including, but not limited to, eligible costs of a project and the financing thereof.
Laws, 1981, ch. 463, § 9, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 43 - RAILROAD REVITALIZATION (§§ 57-43-1 — 57-43-17) › Section 57-43-3 - Agreements to carry out railroad revitalization

The Executive Director of the Mississippi Department of Transportation, with the approval of the Mississippi Transportation Commission, may enter into agreements with railroads, the United States government, persons, municipalities, counties, local railroad authorities or regional railroad authorities for carrying out the purposes of this chapter. Agreements entered into between the executive director and railroad corporations pursuant to this chapter may require payment by the railroad corporation of a portion of revenue derived from the improved rail line into the Railroad Revitalization Fund and to users who have paid a portion of the cost of the improved line. Any agreement between the executive director and a railroad corporation shall also include a condition that, as a prerequisite to its receipt of any monies available under this chapter, a railroad corporation agrees not to abandon any section of line on which such monies are to be spent until all of the monies expended on such section out of the Railroad Revitalization Fund have been replaced. The board of supervisors of a county and the governing authority of a municipality may enter into an agreement with the Mississippi Department of Transportation to receive a portion of the payments made by a railroad corporation to the Railroad Revitalization Fund pursuant to this chapter. The amount received by a county or municipality shall not exceed the amount appropriated to the Railroad Revitalization Fund by the county or municipality pursuant to this chapter.
Laws, 1981, ch. 470, § 2; reenacted, Laws, 1984, ch. 419, § 2; Laws, 1992, ch. 496, § 49, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 43 - RAILROAD REVITALIZATION (§§ 57-43-1 — 57-43-17) › Section 57-43-5 - Acceptance of federal grants; grants from fund

The Mississippi Department of Transportation may accept federal funds to carry out the provisions of this chapter. All federal grants received under provisions of this chapter shall be expended for the purposes set forth in the federal grants. The transportation department, upon a finding that sufficient federal grants for railroad rehabilitation are not available, and with the approval of the State Fiscal Management Board, may make grants to railroad corporations in a total amount not to exceed Two Million Dollars ($2,000,000.00) from the Railroad Revitalization Fund.
Laws, 1981, ch. 470, § 3; reenacted, Laws, 1984, ch. 419, § 3; Laws, 1984, ch. 488, § 246; Laws, 1992, ch. 496, § 50, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 43 - RAILROAD REVITALIZATION (§§ 57-43-1 — 57-43-17) › Section 57-43-7 - Terms of agreements between Department and railroad corporations

Agreements between the railroad corporations and the Mississippi Department of Transportation which do not require payment of a portion of the revenue derived from the improved rail line to be paid by the railroad to the Railroad Revitalization Fund shall require that the railroad establish and maintain a separate railroad corporation fund to which a specified portion of the revenue derived from the improved rail line shall be credited and that these funds shall be used by the railroad for the rehabilitation or improvement of rail lines within the state. The terms and conditions governing the use of monies in the special railroad corporation fund shall be stipulated in the agreement. The agreement shall also stipulate a penalty for use of the funds in a manner other than as set forth in the agreement.
Laws, 1981, ch 470, § 4; reenacted, Laws, 1984, ch. 419, § 4; Laws, 1992, ch. 496, § 51, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 43 - RAILROAD REVITALIZATION (§§ 57-43-1 — 57-43-17) › Section 57-43-9 - County or municipal appropriations to fund; use of such moneys

The board of supervisors of a county or the governing authority of a municipality may, with the approval of the Mississippi Department of Transportation, appropriate funds from the county or municipal general fund to the Railroad Revitalization Fund. The money shall be used in accordance with this chapter only for rehabilitation or improvement of rail lines within the county from which the county or municipal funds are provided. The county or municipality may, according to the provisions of Section
57-43-3
, Mississippi Code of 1972, receive a partial or total reimbursement for this appropriation.
Laws, 1981, ch. 470, § 5; reenacted, Laws, 1984, ch. 419, § 5; Laws, 1992, ch. 496, § 52, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 43 - RAILROAD REVITALIZATION (§§ 57-43-1 — 57-43-17) › Section 57-43-11 - Agreements to jointly fund rehabilitation or improvement; loans to make up local share

The Executive Director of the Mississippi Department of Transportation, with the approval of the Mississippi Transportation Commission, may enter into agreements for the purposes of this chapter whereby the state shall provide, from the state portion of the funds available, not more than seventy-five percent (75%) of the amounts necessary to rehabilitate or improve a rail line or segment thereof which has been documented as being viable and cost-effective, provided at least twenty-five percent (25%) of the cost is provided by federal, local, user or railroad funds. The portion to be provided by local governmental agencies may be in the form of a loan from the Railroad Revitalization Fund, with repayment being made by a portion of the revenue derived from the improved line or by a pledge of certain other funds. Any loan shall be made at no interest, provided payments are made in accordance with the agreement. Any portion of a loan outstanding during any delinquency shall bear interest at the legal rate on the entire balance due. In the event that a loan made to a county or municipality has not been repaid or arrangements satisfactory to the Mississippi Transportation Department have not been made to repay the loan within a period of time after same is due and payable, as determined by the department, the department shall determine that there is a default, shall enter an order to that effect upon its official minutes, and send a certified copy of said order by certified mail, postage prepaid, to the chancery clerk or city clerk, as the case may be. If said default is not satisfied in full within thirty (30) days following notification of default by the department, the county or municipality, as the case may be, shall forfeit its right to receive reimbursement for homestead exemption until such time as its indebtedness has been discharged or arrangements to discharge said indebtedness satisfactory to the department have been made. Homestead exemption funds forfeited hereby shall, upon demand by the department made in writing upon the Mississippi State Tax Commission, be paid to the Mississippi Transportation Department and applied to the discharge of the obligation.
Laws, 1981, ch. 470, § 6; reenacted, Laws, 1984, ch. 419, § 6; Laws, 1991, ch. 357 § 2; Laws, 1992, ch. 496, § 53; Laws, 2007, ch. 575, § 1, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 43 - RAILROAD REVITALIZATION (§§ 57-43-1 — 57-43-17) › Section 57-43-13 - [Repealed]

Laws, 1993, ch. 355, § 2; Laws, 2001, ch. 367, § 1, eff. 7/1/2001.
Repealed by Laws, 2001, ch. 367, § 1, eff. 7/1/2001.
Laws, 1993, ch. 355, § 2, eff. 3/12/1993.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 43 - RAILROAD REVITALIZATION (§§ 57-43-1 — 57-43-17) › Section 57-43-17 - Southern Rail Commission authorized to contract for construction of infrastructure and/or operations of intercity passenger rail service

The Southern Rail Commission is granted the authority to execute and enter into contracts with parties for the purpose of construction of any related infrastructure and/or operations of intercity passenger rail service subject to the approval of any affected railroad and other interested party. The Southern Rail Commission is granted the authority to prepare grant applications related to the establishment or maintenance of passenger rail service, enter into operating and other contractual agreements with providers of passenger rail service, and enter into agreements with owners or operators of railway tracks in order to provide for upgrades necessary to establish or maintain passenger rail service.
Amended by Laws, 2023, ch. 400, HB 484,§ 3, eff. 7/1/2023.
Amended by Laws, 2022, ch. 468, HB 1185,§ 4, eff. 4/19/2022.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 44 - LOCAL GOVERNMENTS FREIGHT RAIL SERVICE PROJECTS (§§ 57-44-1 — 57-44-39) › Section 57-44-1 - Legislative findings and declaration of purpose

The implementation of freight rail service projects within the State of Mississippi develops and promotes, for the public good, safety and general welfare, trade, commerce, industry, and employment opportunities, and promotes the general welfare of the state by creating a climate favorable to the location of new industry, trade, and commerce and the development of existing industry, trade and commerce within the State of Mississippi. Implementation of freight rail service projects within this state will develop and promote, for the public good, safety and general welfare, trade, commerce, industry, and employment opportunities, and will promote the general welfare of the state. It is therefore in the public interest and is vital to the public welfare of the people of Mississippi, and it is declared to be the public purpose of this chapter to so develop freight rail service projects within this state.
Laws, 1995, ch. 563, § 1; Laws, 2001, ch. 481, § 1, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 44 - LOCAL GOVERNMENTS FREIGHT RAIL SERVICE PROJECTS (§§ 57-44-1 — 57-44-39) › Section 57-44-3 - Definitions

As used in this chapter the term "freight rail service project" means the acquisition, construction, installation, operation, modification, renovation, or rehabilitation of any freight rail service facilities. A project may also include any fixtures, machinery, or equipment used on, in or in connection with any such facilities. A project may be for any freight transportation purpose, provided that the department determines that the project will further the public purposes of this chapter.
Laws, 1995, ch. 563, § 2, eff. 7/2/1995.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 44 - LOCAL GOVERNMENTS FREIGHT RAIL SERVICE PROJECTS (§§ 57-44-1 — 57-44-39) › Section 57-44-5 - Establishment of local governments freight rail service revolving loan program

There is established a local governments freight rail service project revolving loan program to be administered by the Department of Economic and Community Development for the purpose of making loans to counties and municipalities that the governing authorities of such counties and municipalities may utilize to make loans to railroad corporations for freight rail service projects.
Laws, 1995, ch. 563, § 3, eff. 7/2/1995.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 44 - LOCAL GOVERNMENTS FREIGHT RAIL SERVICE PROJECTS (§§ 57-44-1 — 57-44-39) › Section 57-44-9 - General powers and duties of Department of Economic and Community Development

In administering the provisions of this chapter, the Department of Economic and Community Development shall have the following powers and duties:
(a)
To supervise the use of all funds made available under this chapter;
(b)
To review all freight rail service projects for which loans are made under this chapter by local governments;
(c)
To requisition monies in the Local Governments Freight Rail Service Project Revolving Loan Fund and distribute those monies to counties and municipalities, on a project-by-project basis in accordance with the provisions of this chapter;
(d)
To ensure that the funds made available to a county or an incorporated municipality under this chapter provide for an equitable distribution of projects and funds among the counties and incorporated municipalities;
(e)
To maintain an accurate record of all funds made available to counties and municipalities.
(f)
To adopt and promulgate such rules and regulations as may be necessary or desirable for the purpose of implementing the provisions of this chapter; and
(g)
To file annually with the Legislature a report detailing how monies in the Revolving Loan Fund were spent during the preceding fiscal year in each county and incorporated municipality, the number of freight rail service projects constructed, and the cost of each project.
Laws, 1995, ch. 563, § 5, eff. 7/2/1995.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 44 - LOCAL GOVERNMENTS FREIGHT RAIL SERVICE PROJECTS (§§ 57-44-1 — 57-44-39) › Section 57-44-11 - Resolution of necessity for issuance of state general obligation bonds; powers and duties of State Bond Commission as issuing agent; limitation on bonds; disposition of proceeds of sale of bonds and investment earnings generally

(1)
The State Bond Commission, at one time, or from time to time, may declare by resolution the necessity for issuance of general obligation bonds of the State of Mississippi to provide funds for all costs incurred or to be incurred for the purposes described in Section
57-44-7
. Upon the adoption of a resolution by the Mississippi Development Authority, declaring the necessity for the issuance of any part or all of the general obligation bonds authorized by this section, the Mississippi Development Authority shall deliver a certified copy of its resolution or resolutions to the State Bond Commission. Upon receipt of such resolution, the State Bond Commission, in its discretion, may act as the issuing agent, prescribe the form of the bonds, advertise for and accept bids, issue and sell the bonds so authorized to be sold and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds. The total amount of bonds issued under Sections
57-44-11
through
57-44-39
shall not exceed Eighteen Million Dollars ($18,000,000.00).
(2)
Proceeds from the sale of bonds shall be deposited in the special fund created in Section
57-44-7
. Any investment earnings on amounts deposited into the special fund created in Section
57-44-7
shall be used to pay debt service on bonds issued under Sections
57-44-11
through
57-44-39
, in accordance with the proceedings authorizing issuance of such bonds.
Laws, 1995, ch. 563, § 6; Laws, 2003, ch. 521, § 1, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 44 - LOCAL GOVERNMENTS FREIGHT RAIL SERVICE PROJECTS (§§ 57-44-1 — 57-44-39) › Section 57-44-13 - Interest rates, maturity, and form of bonds

The principal of and interest on the bonds authorized under Section
57-44-11
shall be payable in the manner provided in this section. Such bonds shall bear such date or dates, be in such denomination or denominations, bear interest at such rate or rates (not to exceed the limits set forth in Section
75-17-101
, Mississippi Code of 1972), be payable at such place or places within or without the State of Mississippi, shall mature absolutely at such time or times not to exceed twenty-five (25) years from date of issue, be redeemable before maturity at such time or times and upon such terms, with or without premium, shall bear such registration privileges, and shall be substantially in such form, all as shall be determined by resolution of the State Bond Commission.
Laws, 1995, ch. 563, § 7, eff. 7/2/1995.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 44 - LOCAL GOVERNMENTS FREIGHT RAIL SERVICE PROJECTS (§§ 57-44-1 — 57-44-39) › Section 57-44-15 - Execution of bonds and interest coupons

The bonds authorized by Section
57-44-11
shall be signed by the Chairman of the State Bond Commission, or by his facsimile signature, and the official seal of the commission shall be affixed thereto, attested by the Secretary of the State Bond Commission. The interest coupons, if any, to be attached to such bonds may be executed by the facsimile signatures of such officers. Whenever any such bonds shall have been signed by the officials designated to sign the bonds who were in office at the time of such signing but who may have ceased to be such officers before 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 their delivery to the purchaser, or had been in office on the date such bonds may bear. However, notwithstanding anything herein to the contrary, such bonds may be issued as provided in the Registered Bond Act of the State of Mississippi.
Laws, 1995, ch. 563, § 8, eff. 7/2/1995.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 44 - LOCAL GOVERNMENTS FREIGHT RAIL SERVICE PROJECTS (§§ 57-44-1 — 57-44-39) › Section 57-44-17 - Bonds and interest coupons deemed negotiable instruments; compliance with Uniform Commercial Code by Sate Bond Commission

All bonds and interest coupons issued under the provisions of Sections
57-44-11
through
57-44-39
shall have all the qualities and incidents of negotiable instruments under the provisions of the Uniform Commercial Code, and in exercising the powers granted by this chapter, the State Bond Commission shall not be required to and need not comply with the provisions of the Uniform Commercial Code.
Laws, 1995, ch. 563, § 9, eff. 7/2/1995.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 44 - LOCAL GOVERNMENTS FREIGHT RAIL SERVICE PROJECTS (§§ 57-44-1 — 57-44-39) › Section 57-44-19 - Issuance and sale of bonds by State Bond Commission; form and details of bonds; payment of interest on bonds generally

The State Bond Commission shall act as the issuing agent for the bonds authorized under Section
57-44-11
, prescribe the form of the bonds, advertise for and accept bids, issue and sell the bonds so authorized to be sold, pay all fees and costs incurred in such issuance and sale, and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds. The State Bond Commission is authorized and empowered to pay the costs that are incident to the sale, issuance and delivery of the bonds authorized under Sections
57-44-11
through
57-44-39
from the proceeds derived from the sale of such bonds. The State Bond Commission shall sell such bonds on sealed bids at public sale, and for such price as it may determine to be for the best interest of the State of Mississippi, but no such sale shall be made at a price less than par plus accrued interest to the date of delivery of the bonds to the purchaser. All interest accruing on such bonds so issued shall be payable semiannually or annually; however, the first interest payment may be for any period of not more than one (1) year.
Notice of the sale of any such bond shall be published at least one (1) time, not less than ten (10) days before the date of sale, and shall be so published in one or more newspapers published or having a general circulation in the City of Jackson, Mississippi, and in one or more other newspapers or financial journals with a national circulation, to be selected by the State Bond Commission.
The State Bond Commission, when issuing any bonds under the authority of Sections
57-44-11
through
57-44-39
, may provide that bonds, at the option of the State of Mississippi, may be called in for payment and redemption at the call price named therein and accrued interest on such date or dates named therein.
Laws, 1995, ch. 563, § 10, eff. 7/2/1995.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 44 - LOCAL GOVERNMENTS FREIGHT RAIL SERVICE PROJECTS (§§ 57-44-1 — 57-44-39) › Section 57-44-21 - Payment of principal and interest on bonds

The bonds issued under the provisions of Sections
57-44-11
through
57-44-39
are general obligations of the State of Mississippi, and for the payment thereof the full faith and credit of the State of Mississippi is irrevocably pledged. If the funds appropriated by the Legislature are insufficient to pay the principal of and the interest on such bonds as they become due, then the deficiency shall be paid by the State Treasurer from any funds in the State Treasury not otherwise appropriated. All such bonds shall contain recitals on their faces substantially covering the provisions of this section.
Laws, 1995, ch. 563, § 11, eff. 7/2/1995.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 44 - LOCAL GOVERNMENTS FREIGHT RAIL SERVICE PROJECTS (§§ 57-44-1 — 57-44-39) › Section 57-44-23 - Disposition of proceeds from sale of bonds

Upon the issuance and sale of bonds under the provisions of Sections
57-44-11
through
57-44-39
, the State Bond Commission shall transfer the proceeds of any such sale or sales to the special fund created in Section
57-44-7
. The proceeds of such bonds shall be disbursed solely upon the order of the Department of Economic and Community Development under such restrictions, if any, as may be contained in the resolution providing for the issuance of the bonds.
Laws, 1995, ch. 563, § 12, eff. 7/2/1995.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 44 - LOCAL GOVERNMENTS FREIGHT RAIL SERVICE PROJECTS (§§ 57-44-1 — 57-44-39) › Section 57-44-25 - Requirements for issuance of bonds; adoption and effectiveness of resolution for issuance of bonds

The bonds authorized under Sections
57-44-11
through
57-44-39
may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified or required by Sections
57-44-11
through
57-44-39
. Any resolution providing for the issuance of bonds under the provisions of Sections
57-44-11
through
57-44-39
shall become effective immediately upon its adoption by the State Bond Commission, and any such resolution may be adopted at any regular or special meeting of the State Bond Commission by a majority of its members.
Laws, 1995, ch. 563, § 13, eff. 7/2/1995.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 44 - LOCAL GOVERNMENTS FREIGHT RAIL SERVICE PROJECTS (§§ 57-44-1 — 57-44-39) › Section 57-44-27 - Validation of bonds

The bonds authorized under the authority of Sections
57-44-11
through
57-44-39
may be validated in the Chancery Court of the First Judicial District of Hinds County, Mississippi, in the manner and with the force and effect provided by Chapter 13, Title 31, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds. The notice to taxpayers required by such statutes shall be published in a newspaper published or having a general circulation in the City of Jackson, Mississippi.
Laws, 1995, ch. 563, § 14, eff. 7/2/1995.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 44 - LOCAL GOVERNMENTS FREIGHT RAIL SERVICE PROJECTS (§§ 57-44-1 — 57-44-39) › Section 57-44-29 - Enforcement of rights of holders of bonds or coupons

Any holder of bonds issued under the provisions of Sections
57-44-11
through
57-44-39
or of any of the interest coupons pertaining thereto may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights granted under Sections
57-44-11
through
57-44-39
, or under such resolution, and may enforce and compel performance of all duties required by Sections
57-44-11
through
57-44-39
to be performed, in order to provide for the payment of bonds and interest thereon.
Laws, 1995, ch. 563, § 15, eff. 7/2/1995.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 44 - LOCAL GOVERNMENTS FREIGHT RAIL SERVICE PROJECTS (§§ 57-44-1 — 57-44-39) › Section 57-44-31 - Bonds deemed legal investments and securities

All bonds issued under the provisions of Sections
57-44-11
through
57-44-39
shall be legal investments for trustees and other fiduciaries, and for savings banks, trust companies and insurance companies organized under the laws of the State of Mississippi, and such bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and political subdivisions for the purpose of securing the deposit of public funds.
Laws, 1995, ch. 563, § 16, eff. 7/2/1995.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 44 - LOCAL GOVERNMENTS FREIGHT RAIL SERVICE PROJECTS (§§ 57-44-1 — 57-44-39) › Section 57-44-33 - Exemption from taxation of bonds

Bonds issued under the provisions of Sections
57-44-11
through
57-44-39
and income therefrom shall be exempt from all taxation in the State of Mississippi.
Laws, 1995, ch. 563, § 17, eff. 7/2/1995.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 44 - LOCAL GOVERNMENTS FREIGHT RAIL SERVICE PROJECTS (§§ 57-44-1 — 57-44-39) › Section 57-44-35 - Use of proceeds of bonds

The proceeds of the bonds issued under Sections
57-44-11
through
57-44-39
shall be used solely for the purposes herein provided, including the costs incident to the issuance and sale of such bonds.
Laws, 1995, ch. 563, § 18, eff. 7/2/1995.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 44 - LOCAL GOVERNMENTS FREIGHT RAIL SERVICE PROJECTS (§§ 57-44-1 — 57-44-39) › Section 57-44-37 - Requests for and issuance of warrants for payments on bonds; transfer of funds by State Treasurer

The State Treasurer is authorized to certify to the Department of Finance and Administration the necessity for warrants, and the Executive Director of the Department of Finance and Administration is authorized and directed to issue such warrants, in such amounts as may be necessary to pay when due the principal of, premium, if any, and interest on, or the accreted value of, all bonds issued under Sections
57-44-11
through
57-44-39
; and the State Treasurer shall forward the necessary amount to the designated place or places of payment of such bonds in ample time to discharge such bonds, or the interest thereon, on the due dates thereof.
Laws, 1995, ch. 563, § 19, eff. 7/2/1995.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 44 - LOCAL GOVERNMENTS FREIGHT RAIL SERVICE PROJECTS (§§ 57-44-1 — 57-44-39) › Section 57-44-39 - Construction of chapter

Sections
57-44-11
through
57-44-39
shall be deemed to be full and complete authority for the exercise of the powers herein granted, but this chapter shall not be deemed to repeal or to be in derogation of any existing law of this state.
Laws, 1995, ch. 563, § 20, eff. 7/2/1995.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 46 - MISSISSIPPI RAILROAD IMPROVEMENTS FUND (§ 57-46-1) › Section 57-46-1 - Mississippi Railroad Improvements Fund created; use of funds; grant program established; purpose of grants; application for grants

(1)
(a)
There is created a special fund in the State Treasury to be known as the Mississippi Railroad Improvements Fund which shall consist of monies from any source designated for deposit into the fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be disbursed by the Mississippi Development Authority (MDA) for the purposes authorized in subsection (2) of this section.
(b)
Monies in the fund that are derived from the proceeds of general obligation bonds may be used to reimburse reasonable actual and necessary costs incurred by the MDA in providing grants under this section through the use of general obligation bonds. An accounting of actual costs incurred for which reimbursement is sought shall be maintained for each grant by the MDA. Reimbursement of reasonable actual and necessary costs for assistance shall not exceed three percent (3%) of the proceeds of bonds issued for such assistance. Reimbursements made under this subsection shall satisfy any applicable federal tax law requirements.
(2)
The MDA shall establish a program to make grants to short line railroads from the Mississippi Railroad Improvements Fund to assist in paying a portion of the costs associated with the repair, rehabilitation, construction, reconstruction, upgrading and improvement of railroad lines and related facilities, including projects necessary to ensure safety and structural integrity of rail lines, rail beds and bridges.
(3)
(a)
A short line railroad desiring a grant under this section shall submit an application to the MDA which shall include, at a minimum:
(i)
A description, including the cost, of the requested assistance;
(ii)
A description of the purpose for which the assistance is requested; and
(iii)
Any other information required by the MDA.
(b)
The MDA shall have sole discretion in providing grants under this section. The terms of a grant shall be within the discretion of the MDA.
(4)
The MDA shall have all powers necessary to implement and administer the program established under this section, including the establishing of requirements for matching funds and criteria regarding the evaluation of applications for assistance. The MDA shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, necessary for the implementation and administration of this section.
Laws, 2011, ch. 480, § 44, eff. 4/6/2011.
Amended by Laws, 2020, ch. 492, HB 1730,§ 30, eff. 7/8/2020.
Amended by Laws, 2019, ch. 453, SB 2272,§ 7, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 47 - SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT (§§ 57-47-1 — 57-47-9) › Section 57-47-3 - Membership of commission

The Governor or his designee and a member of the Mississippi Radiation Advisory Council, established by Section
45-14-7
, Mississippi Code of 1972, to be designated by the Governor, shall be the Mississippi members of the Southeast Interstate Low-Level Radioactive Waste Commission. Each member may designate an alternate.
Laws, 1982, ch. 463, § 2; Laws, 1985, ch. 359, eff. 3/19/1985.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 47 - SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT (§§ 57-47-1 — 57-47-9) › Section 57-47-5 - Powers and duties of Governor

The governor is authorized and empowered to enter into agreements and to perform other necessary acts and deeds incident to the purposes of this compact.
Laws, 1982, ch. 463, § 3, eff. 4/20/1982.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 47 - SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT (§§ 57-47-1 — 57-47-9) › Section 57-47-7 - Budget of commission

The commission shall submit its budget of estimated expenditures to the legislative budget office for presentation to the Legislature.
Laws, 1982, ch. 463, § 4; Laws, 1984, ch. 488, § 247, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 47 - SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT (§§ 57-47-1 — 57-47-9) › Section 57-47-9 - Cooperation by state agencies and officers with commission

The departments, agencies and officers of the state and its subdivisions are hereby authorized to cooperate with the Southeast Interstate Low-Level Radioactive Waste Commission in the furtherance of any of its activities pursuant to the compact.
Laws, 1982, ch. 463, § 5, eff. 4/20/1982.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 49 - NUCLEAR WASTE STORAGE AND DISPOSAL (§§ 57-49-1 — 57-49-43) › Section 57-49-1 - Transfer of duties of Mississippi Energy and Transportation Board to Department of Environmental Quality; creation of nuclear waste policy advisory council and nuclear waste technical review committee

The purposes of this chapter are:
(a)
To transfer to the Department of Environmental Quality the duties of the Mississippi Energy and Transportation Board with respect to nuclear-related activities within the state.
(b)
To clarify the manner in which the Department of Environmental Quality shall perform its duty to develop, coordinate and review all nuclear-related activities in the state.
In order to assist and advise the Department of Environmental Quality in the implementation of this duty, there is hereby created a nuclear waste policy advisory council and a nuclear waste technical review committee.
Laws, 1982, ch. 474, § 1; Laws, 1989, ch. 544, § 136, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 49 - NUCLEAR WASTE STORAGE AND DISPOSAL (§§ 57-49-1 — 57-49-43) › Section 57-49-3 - Definitions

Unless the context otherwise requires, the words defined in this section shall have the following meaning when found in this chapter:
(a)
"Department" and "board" shall mean the Department of Environmental Quality.
(b)
"Committee" shall mean the nuclear waste technical review committee.
(c)
"Concurrence" shall mean an incremental process involving an increase in public confidence and the development of a technical, social and political consensus that the nuclear waste management program can be accomplished with minimal risks to public health and safety and with acceptable socioeconomic costs.
(d)
"Consultation" shall mean the sharing of information on planned nuclear waste programs and activities and the right of others to review, comment and offer recommendations on such activities.
(e)
"Council" shall mean the nuclear waste policy advisory council.
(f)
"Federal Department of Energy" shall mean the federal Department of Energy or any successor agency, including contractors or subcontractors thereto, which is assigned responsibility for the long-term or temporary storage or permanent disposal of high-level radioactive waste and transuranic waste.
(g)
"High-level radioactive waste" shall mean (a) fuel that is withdrawn from a nuclear reactor after irradiation and which is packaged and prepared for storage and/or disposal, or highly radioactive waste resulting from reprocessing irradiated nuclear fuel, including both the liquid waste which is produced directly in reprocessing and any solid material into which the liquid waste is transformed, and which is packaged for storage and/or disposal; or (b) other highly radioactive material that the United States Nuclear Regulatory Commission, consistent with existing law, determines by rule requires permanent isolation.
(h)
"Transuranic waste" shall mean waste material containing alpha-emitting radioactive elements having an atomic number greater than ninety-two (92) in concentrations greater than ten (10) nanocuries per gram.
(i)
"Densely populated area" shall mean any area in which more than five hundred (500) people reside within a five-mile radius of the outer boundary of a proposed site of a permanent repository for the disposal of radioactive waste.
(j)
"State-chartered public interest group" shall mean any nonprofit organization chartered by the state. No organization shall have a direct financial interest in the outcome of the decisions of the council, or be directly related to state or federal government, nor shall an electric utility corporation or its subsidiaries be included in said term.
Laws, 1982, ch. 474, § 2; Laws, 1983, ch. 505, § 1; Laws, 1989, ch. 544, § 137, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 49 - NUCLEAR WASTE STORAGE AND DISPOSAL (§§ 57-49-1 — 57-49-43) › Section 57-49-5 - General powers and duties of department

(1)
The department shall serve as the initial agency in this state to be contacted by the federal department of energy or any other federal agency on any matter related to the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste.
(2)
The department shall serve as the initial agency in this state to receive any report, study, document, information or notification of proposed plans from the federal department of energy or any other federal agency on any matter related to the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste. Notification of proposed plans include notification of proposals to conduct field work, on-site evaluation, on-site testing or any other related studies.
(3)
The department shall disseminate or arrange with the federal department of energy or other federal agency to disseminate information received under subsection (2) of this section to the council, the committee, appropriate state agencies, appropriate local units of government and interested citizen groups.
(4)
The department, in accordance with the recommendations and advice of the council and committee, shall respond to contacts made under subsection (1) of this section and information received under subsection (2) of this section if a response is appropriate. The department may consult with the council, the committee, and with appropriate state agencies and local units of government. The council and the committee shall prepare written comments for use by the department in preparing its response.
(5)
The department, in consultation with the council and the committee, is authorized to promulgate all rules and regulations and to establish all procedures necessary to enable it to discharge its duties and powers under this chapter and to carry out the purposes and objectives of this chapter. This authority shall include, but shall not be limited to, the establishment of procedures regarding the issuance of any permits the department may require for any type of testing to be conducted in connection with evaluating and selecting a site for the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste.
Laws, 1982, ch. 474, § 3; Laws, 1989, ch. 544, § 138, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 49 - NUCLEAR WASTE STORAGE AND DISPOSAL (§§ 57-49-1 — 57-49-43) › Section 57-49-9 - General duties of nuclear waste policy advisory council

The responsibilities and duties of the council shall include, but not be limited to, the following:
(a)
To recommend state nuclear waste policy to the board and advise the board on any matters relating to state nuclear waste policy, including matters to be addressed in memorandums of understanding and other agreements with the federal department of energy.
(b)
To recommend legislative proposals related to nuclear waste for consideration by the state legislature.
(c)
To review all data, plans, conclusions and other documents produced by the federal department of energy, which relate to any phase of high-level nuclear waste programs or activities.
(d)
To hear and evaluate public comment and make recommendations based thereon to the board and the state legislature.
(e)
To advise the board on socio-economic issues which impact on affected areas as a result of activities proposed or conducted under the authority of this chapter.
(f)
To critically review and comment on any socio-economic impact statements, studies, or lack of such, and transportation risks and concerns.
Laws, 1982, ch. 474, § 5, eff. 4/21/1982.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 49 - NUCLEAR WASTE STORAGE AND DISPOSAL (§§ 57-49-1 — 57-49-43) › Section 57-49-11 - Composition of nuclear waste technical review committee; qualifications, appointment, terms of office and compensation of members; officers

The Nuclear Waste Technical Review Committee hereby created and hereinafter referred to as the "committee" shall exercise the powers and duties and discharge the responsibilities enumerated herein.
The committee shall originally consist of eight (8) members, one (1) of whom shall be the Executive Director of the Department of Wildlife, Fisheries and Parks, one (1) of whom shall be Director of the Emergency Management Agency, one (1) of whom shall be the State Health Officer, one (1) of whom shall be the Commissioner of Higher Education, one (1) of whom shall be the Chairman of the Board of Trustees of State Institutions of Higher Learning, one (1) of whom shall be the Executive Director of the Department of Environmental Quality, one (1) of whom shall be the staff member responsible for the Nuclear Waste Program within the Department of Environmental Quality who shall serve as secretary in a nonvoting capacity, and one (1) of whom shall be the Executive Director of the Department of Economic Development. The chairman shall be elected from among the membership of the committee.
Committee members shall be permitted to designate substitute or alternate members to act in their stead, should they be unable to assume the responsibility of serving on the committee. The committee, by a majority vote of its membership, may recommend to the chairman that additional appointments should be made to the committee from other state agencies and the chairman shall make such appointments.
The members of the committee shall receive reimbursement for mileage and actual expenses incurred in the performance of their duties at the rate authorized by Section
25-3-41
. Members of the committee who are state employees shall be reimbursed for those expenses incurred which are authorized by Section
25-3-41
.
Provided that funding is available under Section
57-49-39
, the members of the committee shall receive per diem compensation at the rate authorized by Section
25-3-69
for each day spent in the actual discharge of their duties when attending a meeting of the committee.
Laws, 1982, ch. 474, § 6; Laws, 1988, ch. 518, § 63; Laws, 1989, ch. 544, § 140, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 49 - NUCLEAR WASTE STORAGE AND DISPOSAL (§§ 57-49-1 — 57-49-43) › Section 57-49-13 - General duties of nuclear waste technical review committee

The responsibilities and duties of the committee shall include, but not be limited to, the following:
(a)
To advise the Department of Environmental Quality on all technical matters related to high-level nuclear waste activities within the state.
(b)
To assist and advise in formulating studies, plans and other implementations of the state nuclear waste program.
(c)
To assist in the implementation of directives of the state nuclear waste program.
(d)
To perform a critical review of all data and documents produced by the federal Department of Energy which related to any phase of high-level nuclear waste activities and submit comments on same to the Department of Environmental Quality.
(e)
To provide technical information to the Attorney General of the State of Mississippi and the State Legislature which will assist their efforts to assure the health, safety, and welfare of the citizens of the State of Mississippi.
(f)
To perform initial review of all applications for permits to conduct nuclear waste related activities within the state. Such review, to be completed within ninety (90) days, would determine if the application is in compliance with the requirements of this chapter. Upon completion of such review, the committee shall either:
(i)
File the application with the Department of Environmental Quality for its consideration, and thereafter, the department will deny, grant, or grant with certain conditions, requirements and stipulations a permit to conduct the applied for nuclear waste activities; or
(ii)
Notify the applicant that the requirements of this chapter have not been met or satisfactorily completed and return the application for resubmittal. Such notification to applicants shall include a listing of deficiencies in complying with application procedures. Provided, however, the applicant may reapply by submitting the original application with amendments listing provisions which satisfy previous deficiencies in the application.
Laws, 1982, ch. 474, § 7; Laws, 1989, ch. 544, § 141, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 49 - NUCLEAR WASTE STORAGE AND DISPOSAL (§§ 57-49-1 — 57-49-43) › Section 57-49-15 - Advocacy for citizens before federal agencies

The board, the council and the committee shall serve as advocates on behalf of the citizens of this state before the federal department of energy and other federal agencies on matters related to the long-term or temporary storage and/or permanent disposal of high-level radioactive waste and transuranic waste.
Laws, 1982, ch. 474, § 8, eff. 4/21/1982.