reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 7 - AIRPORT ZONING (§§ 61-7-1 — 61-7-29) › Section 61-7-7 - Power to adopt airport zoning regulations

(1)
In order to prevent the creation or establishment of airport hazards, every political subdivision having an airport hazard within its territorial limits may adopt, administer, and enforce under the police power and in the manner and upon the conditions prescribed in this chapter, airport zoning regulations for such airport hazard area. Such regulations may divide such area into zones, and, within such zones, specify the land uses permitted and regulate and restrict the height to which structures and trees be erected or allowed to grow.
(2)
Where an airport is owned or controlled by a political subdivision or by any state institution and any airport hazard area appertaining to such airport is located outside the territorial limits of said political subdivision, within or without the state, the political subdivision owning and controlling the airport or within which the airport owned and controlled by a state institution is located and the political subdivisions within which the airport hazard area is located may, by ordinance or resolution duly adopted, create a joint airport zoning board. Said board shall have the same power to adopt, administer and enforce airport zoning regulations applicable to the airport hazard in question as that vested by subsection (1) in the political subdivisions within which such area is located. Each such joint board shall have as members two representatives appointed by each political subdivision participating in its creation and, in addition, a chairman elected by a majority of the members so appointed.
Codes, 1942, § 7544-03; Laws, 1950, ch. 284, § 3; Laws, 1956, ch. 362.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 7 - AIRPORT ZONING (§§ 61-7-1 — 61-7-29) › Section 61-7-9 - Relationship of airport regulations to comprehensive zoning ordinance

In the event that a political subdivision has adopted, or hereafter adopts, a comprehensive zoning ordinance regulating, among other things, the height of buildings, any airport zoning regulations applicable to the same area or portion thereof, may be incorporated in and made a part of such comprehensive zoning regulations, and be administered and enforced in connection therewith.
In the event of conflict between any airport zoning regulations adopted under this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, and whether such other regulations were adopted by the airport zoning regulations or by some other political subdivision, the more stringent limitation or requirement shall govern and prevail.
Codes, 1942, § 7544-04; Laws, 1950, ch. 284, § 4, eff. 3/21/1950.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 7 - AIRPORT ZONING (§§ 61-7-1 — 61-7-29) › Section 61-7-11 - Procedure for adoption of zoning regulations

No airport zoning regulations shall be adopted, amended, or changed under this chapter except by action of the legislative body of the political subdivision in question, or the joint board provided for in subsection (2) of Section
61-7-7
, after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days' notice of the hearing shall be published in an official paper, or a paper of general circulation, in the political subdivision or subdivisions in which is located the airport hazard to be zoned.
Codes, 1942, § 7544-05; Laws, 1950, ch. 284, § 5, eff. 3/21/1950.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 7 - AIRPORT ZONING (§§ 61-7-1 — 61-7-29) › Section 61-7-13 - Airport zoning commission

Prior to the initial zoning of any airport hazard area under this chapter, the political subdivision or joint airport zoning board which is to adopt the regulations shall appoint a commission, to be known as the airport zoning commission, to recommend the boundaries of the various zones to be established and the regulations to be adopted therefor. Such commission shall make a preliminary report and hold public hearings thereon before submitting its final report, and the legislative body of the political subdivision or the joint airport zoning board shall not hold its public hearings or take other action until it has received the final report of such commission. Where a city plan commission or comprehensive zoning commission already exists, it may be appointed as the airport zoning commission.
Codes, 1942, § 7544-05; Laws, 1950, ch. 284, § 5, eff. 3/21/1950.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 7 - AIRPORT ZONING (§§ 61-7-1 — 61-7-29) › Section 61-7-15 - Requirements of airport zoning regulations generally

All airport zoning regulations adopted under this chapter shall be reasonable and none shall impose any requirements or restriction which is not reasonably necessary to effectuate the purposes of this chapter. In determining what regulations it may adopt, each political subdivision and joint airport zoning board shall consider, among other things, the character of the flying operations expected to be conducted at the airport, the nature of the terrain within the airport hazard area, the character of the neighborhood, and the uses to which the property to be zoned is put and adaptable.
No airport zoning regulations adopted under this chapter shall require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations when adopted or amended, or otherwise interfere with the continuance of any non-conforming use, except as provided in subsection (3) of Section
61-7-17
.
Codes, 1942, § 7544-06; Laws, 1950, ch. 284, § 6, eff. 3/21/1950.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 7 - AIRPORT ZONING (§§ 61-7-1 — 61-7-29) › Section 61-7-17 - Permits and variances

(1)
Any airport zoning regulations adopted under this chapter may require that a permit be obtained before any new structure or use may be constructed or established and before any existing use or structure may be substantially changed or substantially altered or repaired. In any event, however, all such regulations shall provide that before any non-conforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the administrative agency authorized to administer and enforce the regulations, authorizing such replacement, change or repair. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a non-conforming structure or tree or non-conforming use to be made or become higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted or than it is when the application for a permit is made. Except as provided herein, all applications for permits shall be granted.
(2)
Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree, or otherwise use his property in violation of airport zoning regulations adopted under this chapter, may apply to the board of adjustment for a variance from the zoning regulations in question. Such variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of the regulations and this chapter. Any variance may be allowed subject to any reasonable conditions that the board of adjustment may deem necessary to effectuate the purposes of this chapter.
(3)
In granting any permit or variance under this section, the administrative agency or board of adjustment may, if it deems such action advisable to effectuate the purposes of this chapter and reasonable in the circumstances, so condition such permit or variance as to require the owner of the structure or tree in question to permit the political subdivision, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.
Codes, 1942, § 7544-07; Laws, 1950, ch. 284, § 7, eff. 3/21/1950.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 7 - AIRPORT ZONING (§§ 61-7-1 — 61-7-29) › Section 61-7-19 - Administration of airport zoning regulations

All airport zoning regulations adopted under this chapter shall provide for the administration and enforcement of such regulations by an administrative agency which may be an agency created by such regulations or any official, board, or other existing agency of the political subdivision adopting the regulations or of one of the political subdivisions which participated in the creation of the joint airport zoning board adopting the regulations, if satisfactory to that political subdivision, but in no case shall such administrative agency be or include any member of the board of adjustment. The duties of any administrative agency designated pursuant to this section shall include that of hearing and deciding all permits under subsection (1) of Section
61-7-17
. Such agency shall not have or exercise any of the powers delegated in this chapter to the board of adjustment.
Codes, 1942, § 7544-09; Laws, 1950, ch. 284, § 9, eff. 3/21/1950.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 7 - AIRPORT ZONING (§§ 61-7-1 — 61-7-29) › Section 61-7-21 - Board of adjustment

(1)
All airport zoning regulations adopted under this chapter shall provide for a board of adjustment to be composed of not less than three members, to have and exercise the following powers:
(a)
To hear and decide appeals from any order, requirement, decision, or determination made by the administrative agency in the enforcement of the airport zoning regulations, as provided in Section
61-7-23
.
(b)
To hear and decide any special exceptions to the terms of the airport zoning regulations upon which such board may be required to pass under such regulations.
(c)
To hear and decide specific variances under subsection (2) of section
61-7-17
.
(2)
Where a zoning board of appeals or adjustment already exists, it may be appointed as the board of adjustment. Otherwise, the board of adjustment shall consist of five members, each to be appointed for a term of three years by the authority adopting the regulations and to be removable by the appointing authority for cause, upon written charges and after public hearing.
(3)
The concurring vote of a majority of the members of the board of adjustment shall be sufficient to reverse any order, requirement, decision, or determination, of the administrative agency, or to decide in favor of the applicant on any matter upon which it is required to pass under the airport zoning regulations, or to effect any variation in such regulations.
(4)
The board shall adopt rules in accordance with the provisions of the ordinances or resolution by which it was created. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of the board shall be public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact. The board shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the board and shall be a public record.
Codes, 1942, § 7544-10; Laws, 1950, ch. 284, § 10, eff. 3/21/1950.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 7 - AIRPORT ZONING (§§ 61-7-1 — 61-7-29) › Section 61-7-23 - Appeals of administrative decisions to board of adjustment

Any person aggrieved by any decision of an administrative agency made in its administration of airport zoning regulations adopted under this chapter, or any governing body of a political subdivision, or any joint airport zoning board, which is of the opinion that a decision of such an administrative agency is an improper application of airport zoning regulations of concern to such governing body or board, may appeal to the board of adjustment authorized to hear and decide appeals from the decisions of such administrative agency.
All appeals taken under this section must be taken within a reasonable time, as provided by the rules of the board, by filing with the agency from which the appeal is taken and with the board, a notice of appeal specifying the grounds thereof. The agency from which the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the agency from which the appeal is taken certifies to the board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such cases proceedings shall not be stayed otherwise than by order of the board on notice to the agency from which the appeal is taken and on due cause shown.
The board shall fix a reasonable time for the hearing of appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.
The board may, in conformity with the provisions of this chapter, reverse, affirm, wholly or partly, or modify, the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the administrative agency from which the appeal is taken.
Codes, 1942, § 7544-08; Laws, 1950, ch. 284, § 8, eff. 3/21/1950.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 7 - AIRPORT ZONING (§§ 61-7-1 — 61-7-29) › Section 61-7-25 - Judicial review of administrative decisions

Any person aggrieved, or taxpayer affected, by any decision of a board of adjustment, or any governing body of a political subdivision or any joint airport zoning board which is of the opinion that a decision of a board of adjustment is illegal, may present to the circuit court of the county wherein such decision was rendered a verified petition setting forth that the decision is illegal, in whole or in part, and specifying the grounds of illegality. Such petition shall be presented to the court within 30 days after the decision is filed in the office of the board.
Upon presentation of such petition the court may allow a writ of certiorari directed to the board of adjustment to review such decision of the board. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order.
The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
The court shall have exclusive jurisdiction to affirm, modify, or set aside the decision brought up for review, in whole or in part, and if need be, to order further proceedings by the board of adjustment. The findings of fact of the board, if supported by substantial evidence, shall be accepted by the court as conclusive. No objection to a decision of the board shall be considered by the court unless such objection shall have been urged before the board, or, if it was not so urged, unless there were reasonable grounds for failure to do so.
Cost shall not be allowed against the board of adjustment unless it appears to the court that it acted with gross negligence, in bad faith, or with malice, in making the decision appealed from.
In any case in which airport zoning regulations adopted under this chapter, although generally reasonable, are held by a court to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent, or to be so onerous in their application to such a structure or parcel of land, as to constitute a taking or deprivation of that property in violation of the constitution of this state or the Constitution of the United States, such holding shall not affect the application of such regulations to other structures and parcels of land.
Codes, 1942, § 7544-11; Laws, 1950, ch. 284, § 11, eff. 3/21/1950.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 7 - AIRPORT ZONING (§§ 61-7-1 — 61-7-29) › Section 61-7-27 - Penalties for violations of chapter and rules, regulations, orders, etc.; enforcement

Each violation of this chapter or of any regulations, orders, or rulings promulgated or made pursuant to this chapter, shall constitute a misdemeanor and shall be punishable by a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than 30 days or by both such fine and imprisonment. Each day a violation continues to exist shall constitute a separate offense. In addition, the political subdivision or agency adopting zoning regulations under this chapter may institute in any court of competent jurisdiction, an action to prevent, restrain, correct, or abate any violation of this chapter, or of airport zoning regulations adopted under this chapter, or of any order or ruling made in connection with their administration or enforcement. The court shall adjudge to the plaintiff such relief, by way of injunction (which may be mandatory) or otherwise, as may be proper under all the facts and circumstances of the case, in order fully to effectuate the purposes of this chapter and of the regulations adopted and orders and rulings made pursuant thereto.
Codes, 1942, § 7544-12; Laws, 1950, ch. 284, § 12, eff. 3/21/1950.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 7 - AIRPORT ZONING (§§ 61-7-1 — 61-7-29) › Section 61-7-29 - Acquisition of air rights

In any case in which:
(1)
it is desired to remove, lower, or otherwise terminate a nonconforming structure or use; or
(2)
the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under this chapter; or
(3)
it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations, then the political subdivision within which the property or non-conforming use is located or the political subdivision owning the airport or served by it may acquire, by purchase, grant, or condemnation in the manner provided by the law under which political subdivisions are authorized to acquire real property for public purposes, such air right, aviation easement, or other estate or interest in the property or non-conforming structure or use in question as may be necessary to effectuate the purposes of this chapter.
Codes, 1942, § 7544-13; Laws, 1950, ch. 284, § 13, eff. 3/21/1950.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 9 - INCORPORATION OF AIRPORT INTO CORPORATE BOUNDARIES OF MUNICIPALITY (§§ 61-9-1 — 61-9-9) › Section 61-9-1 - Authorization and procedure generally

Any incorporated municipality of this state which has heretofore or may hereafter establish or acquire an airport or air navigational facility any part of which is situated within ten miles of the corporate limits of such municipality, may, by ordinance adopted for such purpose, incorporate the properties constituting such airport or air navigational facility into its corporate boundaries. Such incorporation may be accomplished by the adoption of an ordinance as provided in this chapter, regardless of whether or not such airport or air navigational facility is located within the same county as that of the incorporated municipality and irrespective of whether or not it is adjacent or contiguous thereto.
Codes, 1942, § 7545-71; Laws, 1964, ch. 495, § 1, eff. 5/22/1964.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 9 - INCORPORATION OF AIRPORT INTO CORPORATE BOUNDARIES OF MUNICIPALITY (§§ 61-9-1 — 61-9-9) › Section 61-9-5 - Incorporation of airport property located in another county

If any municipality shall, pursuant to the authority of this chapter, incorporate into its corporate boundaries property situated in a county other than the county in which the principal office of the municipality is located, it shall not thereafter extend its boundaries into such other county, without, in addition to complying with all existing laws of this state governing or relating to the extension of corporate boundaries of municipalities, first obtaining the consent and approval of the board of supervisors of such county into which it desires to extend its corporate boundaries.
Codes, 1942, § 7545-74; Laws, 1964, ch. 495, § 4, eff. 5/22/1964.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 9 - INCORPORATION OF AIRPORT INTO CORPORATE BOUNDARIES OF MUNICIPALITY (§§ 61-9-1 — 61-9-9) › Section 61-9-7 - Judicial review

Any person aggrieved by any municipal ordinance adopted pursuant to the provisions of this chapter shall be entitled to an appeal to the circuit court of the county in which the principal office of the municipality is located in the manner provided for appeals from judgments or decisions of municipal authorities as set forth in Section
11-51-75
, Mississippi Code of 1972.
Codes, 1942, § 7545-73; Laws, 1964, ch. 495, § 3, eff. 5/22/1964.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 9 - INCORPORATION OF AIRPORT INTO CORPORATE BOUNDARIES OF MUNICIPALITY (§§ 61-9-1 — 61-9-9) › Section 61-9-9 - Construction and application of chapter

The provisions of this chapter shall be independent of, and in addition to, all existing laws of this state governing the extension or enlargement of municipal corporate boundaries and shall apply to all municipalities, whether any such municipality be operating under the code charter, under the commission form of government, or under a special charter, and regardless of whether a different or special procedure be provided by any such special charter, or by any other laws of the state.
Codes, 1942, § 7545-72; Laws, 1964, ch. 495, § 2, eff. 5/22/1964.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 11 - OPERATION OF AIRCRAFT; CERTIFICATION AND LICENSING OF PILOTS AND AIRCRAFT (§§ 61-11-1 — 61-11-7) › Section 61-11-1 - Operation of aircraft in careless manner, while under influence of intoxicating liquor, etc.; hunting or spotting game for purpose of hunting from aircraft

(1)
It shall be unlawful for any person to operate an aircraft in the air or on the ground or water, while under the influence of intoxicating liquor, narcotics or other habit-forming drug, or to operate an aircraft in the air or on the ground or water, in a careless or reckless manner so as to endanger the life or property of another. In any proceeding charging careless or reckless operation of aircraft in violation of this section, the court in determining whether the operation was careless or reckless shall consider the standards for safe operation of aircraft prescribed by federal statutes or regulations governing aeronautics.
(2)
It shall be unlawful for any person or persons to pursue, chase, hunt, take or kill any wild game or waterfowl from an aircraft, or to spot and communicate the location of any wild game from an aircraft to another for the purpose of hunting, killing or taking such wild game. Before a person may be arrested for a violation of the provision of this subsection that prohibits the spotting and communication of the location of wild game from an aircraft for the purpose of hunting, killing or taking such wild game, the arresting officer must have reasonable grounds and probable cause to believe that a violation has occurred. Any person convicted under this subsection (2) shall be subject to the penalties provided in Section
61-11-7
, and shall also forfeit all hunting, trapping and fishing privileges for a period of not less than twelve (12) months from the date of conviction.
Codes, 1942, § 7536-12; Laws, 1948, ch. 189, § 9; Laws, 1992, ch. 542, § 1, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 11 - OPERATION OF AIRCRAFT; CERTIFICATION AND LICENSING OF PILOTS AND AIRCRAFT (§§ 61-11-1 — 61-11-7) › Section 61-11-3 - Operation of aircraft without federal certificate, permit, etc

It shall be unlawful for any person to operate or cause or authorize to be operated any civil aircraft within this state unless such aircraft has an appropriate effective certificate, permit or license issued by the United States, if such certificate, permit or license is required by the United States. It shall be unlawful for any person to engage in aeronautics as an airman in the state unless he has an appropriate effective airman certificate, permit, rating or license issued by the United States authorizing him to engage in the particular class of aeronautics in which he is engaged, if such certificate, permit, rating or license is required by the United States.
Codes, 1942, § 7536-13; Laws, 1948, ch. 189, § 10(1), eff. 7/1/1948.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 11 - OPERATION OF AIRCRAFT; CERTIFICATION AND LICENSING OF PILOTS AND AIRCRAFT (§§ 61-11-1 — 61-11-7) › Section 61-11-5 - Possession, display, etc., of federal certificate, permit, etc

When a certificate, permit, rating or license is required for an airman by the United States, it shall be kept in his personal possession when he is operating within the state and shall be presented for inspection upon the demand of any peace officer, or any other officer of the state or of a municipality or member, official or employee of the Mississippi Department of Transportation authorized pursuant to law to enforce the aeronautics laws, or any official, manager or person in charge of any airport upon which the airman shall land, or upon the reasonable request of any other person.
Where a certificate, permit or license is required by the United States for an aircraft, it shall be carried in the aircraft at all times while the aircraft is operating in the state, shall be conspicuously posted in the aircraft where it may be readily seen by passengers or inspectors, and shall be presented for inspection upon the demand of any peace officer, or any other officer of the state or of a municipality or member, official or employee of the Mississippi Department of Transportation authorized pursuant to law to enforce the aeronautics laws, or any official, manager, or person in charge of any airport upon which the aircraft shall land, or upon the reasonable request of any person.
Codes, 1942, § 7536-14; Laws, 1948, ch. 189, § 10(2); Laws, 1992, ch. 496, § 31, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 11 - OPERATION OF AIRCRAFT; CERTIFICATION AND LICENSING OF PILOTS AND AIRCRAFT (§§ 61-11-1 — 61-11-7) › Section 61-11-7 - Penalties for violations of sections 61-11-1 to 61-11-5

Any person violating any of the provisions of Sections
61-11-1
through
61-11-5
, Mississippi Code of 1972, 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 such sections, 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 such sections, 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 Mississippi Department of Transportation. 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; Laws, 1992, ch. 496, § 32, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 13 - AIRCRAFT FOR USE OF GOVERNOR, STATE DEPARTMENTS AND AGENCIES (§§ 61-13-1 — 61-13-25) › Section 61-13-1 - Purchase, lease, operation, etc., of nonmilitary aircraft for state use

The Department of Finance and Administration of the State of Mississippi, is authorized and empowered to purchase or lease, operate and maintain nonmilitary aircraft for use by the Governor's Office, state departments, agencies, boards and commissions, the Legislature, its officers and employees, all under the general direction of the Department of Finance and Administration.
Codes, 1942, § 8533-01; Laws, 1966, ch. 562, § 1; Laws, 1968, ch. 484, § 1; Laws, 1986, ch. 500, § 46; Laws, 1989, ch. 502, § 1; Laws, 1989, ch. 544, § 29, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 13 - AIRCRAFT FOR USE OF GOVERNOR, STATE DEPARTMENTS AND AGENCIES (§§ 61-13-1 — 61-13-25) › Section 61-13-3 - Employment of pilots and technical and administrative personnel

The Executive Director of the Department of Finance and Administration is authorized to employ pilots and such other technical and administrative personnel as he deems necessary in carrying out the provisions of this chapter, and to fix the compensation of all such employees, subject to the guidelines established by the State Personnel Board.
Codes, 1942, § 8533-02; Laws, 1966, ch. 562, § 2; Laws, 1968, ch. 484, § 2; Laws, 1989, ch. 544, § 30, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 13 - AIRCRAFT FOR USE OF GOVERNOR, STATE DEPARTMENTS AND AGENCIES (§§ 61-13-1 — 61-13-25) › Section 61-13-5 - Laws governing purchase of aircraft; Department of Finance and Administration exempt from requirements of Section 27-104-7 (2)

The purchase of aircraft to be used for the purpose in this chapter shall be in compliance with Sections
31-7-1
through
31-7-21
. The Department of Finance and Administration is hereby exempt from the requirements of Section
27-104-7(2)(f)
when procuring aircraft maintenance, parts, equipment and/or services. It shall be the responsibility of the Executive Director of the Department of Finance and Administration to ensure commercially reasonable practices, including competitive pricing and superb industry maintenance standards. The selection process of maintenance facility shall consider: their capability and experience, the scope of work, the cost, and the length of time the aircraft will be out of service. The process undertaken by the Department of Finance and Administration for procurement of the maintenance facility shall be reported to the Public Procurement Review Board.
Codes, 1942, § 8533-03; Laws, 1966, ch. 562, § 3, eff. 6/17/1966.
Amended by Laws, 2019, ch. 329, SB 2918,§ 1, eff. 3/15/2019.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 13 - AIRCRAFT FOR USE OF GOVERNOR, STATE DEPARTMENTS AND AGENCIES (§§ 61-13-1 — 61-13-25) › Section 61-13-7 - Assignment of aircraft to state departments, agencies, etc.; recordkeeping requirements

This chapter shall not be construed so as to prevent the Department of Finance and Administration from permanently assigning aircraft to departments, institutions, commissions or agencies thereof. However, all airplanes owned by the State of Mississippi or by any department, institution, bureau, commission or agency thereof, with the exception of planes owned and operated by the various educational institutions of this state for educational purposes, shall be subject to the record-keeping provisions of this chapter and, in the discretion of the Department of Finance and Administration, such aircraft may be subject to the provisions of Section
61-13-15(2)
.
Codes, 1942, § 8533-04; Laws, 1966, ch. 562, § 4; Laws, 1986, ch. 500, § 47; Laws, 1989, ch. 544, § 31, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 13 - AIRCRAFT FOR USE OF GOVERNOR, STATE DEPARTMENTS AND AGENCIES (§§ 61-13-1 — 61-13-25) › Section 61-13-9 - Documentation of use of airplanes

The Department of Finance and Administration shall require of all planes operated under the provisions of this chapter an accounting on forms furnished by the Department of Finance and Administration, which shall show among other things the trips made, names of passengers carried, date of beginning and termination of trips, miles traveled, stops made, fuel consumed and cost per hour of operation.
Codes, 1942, § 8533-05; Laws, 1966, ch. 562, § 5; Laws, 1984, ch. 488, § 261; Laws, 1989, ch. 544, § 32, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 13 - AIRCRAFT FOR USE OF GOVERNOR, STATE DEPARTMENTS AND AGENCIES (§§ 61-13-1 — 61-13-25) › Section 61-13-11 - Allocation of cost of operation of airplanes to state departments, institutions or agencies

Whenever the Department of Finance and Administration under the direction of the Governor's office makes an airplane or airplanes available to some department, institution or agency of the State of Mississippi, the actual cost for the operation thereof during the time the aforesaid airplane is so assigned shall be charged to and paid for by the aforesaid department, institution or agency into the special fund set up in Section
61-13-17
for the operation of such airplanes, except planes used by the Governor and Lieutenant Governor.
Codes, 1942, § 8533-06; Laws, 1966, ch. 562, § 6; Laws, 1989, ch. 502, § 2; Laws, 1989, ch. 544, § 33, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 13 - AIRCRAFT FOR USE OF GOVERNOR, STATE DEPARTMENTS AND AGENCIES (§§ 61-13-1 — 61-13-25) › Section 61-13-13 - Purchase of insurance

The Department of Finance and Administration is hereby authorized to obtain adequate comprehensive insurance coverage for each of such airplanes as may be purchased or operated under the provisions of this chapter and any other insurance deemed necessary by the Executive Director of the Department of Finance and Administration. The purchase of such insurance shall be on a bid basis in accordance with generally accepted practice for insurance purchases by departments of state government.
Codes, 1942, § 8533-07; Laws, 1966, ch. 562, § 7; Laws, 1984, ch. 495, § 29; reenacted and amended, Laws, 1985, ch. 474, § 20; Laws, 1986, ch. 438, § 45; Laws, 1987, ch. 483, § 46; Laws, 1988, ch. 442, § 43; Laws, 1989, ch. 537, § 41; Laws, 1989, ch. 544, § 34; Laws, 1990, ch. 518, § 42; Laws, 1991, ch. 618, § 42; Laws, 1992, ch. 491, § 44, eff. 5/12/1992.
Amended by Laws, 2013, ch. 547, SB 2681, 1, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 13 - AIRCRAFT FOR USE OF GOVERNOR, STATE DEPARTMENTS AND AGENCIES (§§ 61-13-1 — 61-13-25) › Section 61-13-15 - Sale of surplus airplanes and disposition of proceeds; sale of airplanes purchased prior to July 1, 1986

(1)
Any airplane purchased or operated under the provisions of this chapter which becomes surplus to the needs of the state may be sold by the Department of Finance and Administration upon the receipt of not less than three (3) sealed bids after three (3) public advertisements inviting such bids in some newspaper published in the State of Mississippi and having general circulation therein. The Department of Finance and Administration, may reject any or all bids and readvertise, in its discretion. The sums derived from such sale shall be placed in the special fund as established by Section
61-13-17
for the operation of airplanes purchased and operated under the provisions of this chapter.
(2)
The Department of Finance and Administration shall proceed to sell one or more of the aircraft purchased prior to July 1, 1986, pursuant to this chapter. The sale of such aircraft pursuant to this subsection shall be subject to the bid requirements of subsection (1). It is the intent of the Legislature that the sale of such aircraft shall be timed to produce the maximum revenues at sale.
Codes, 1942, § 8533-08; Laws, 1966, ch. 562, § 8; Laws, 1984, ch. 488, § 262; Laws, 1986, ch. 500, § 48; Laws, 1989, ch. 544, § 35, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 13 - AIRCRAFT FOR USE OF GOVERNOR, STATE DEPARTMENTS AND AGENCIES (§§ 61-13-1 — 61-13-25) › Section 61-13-17 - Payment of costs and expenses; disposition of proceeds of sale of aircraft

There is hereby created a special fund in the State Treasury out of which all costs and expenses incurred pursuant to this chapter shall be paid. All salaries, allocations and charges for the cost of operating, repairing and servicing the airplanes shall be paid from this fund. The Legislature shall appropriate the necessary funds to carry out the purposes of this chapter. The Department of Finance and Administration shall disburse over his signature all funds expended for carrying out the provisions of this chapter.
Any monies in such fund which have been allocated for the operation, maintenance and repair of an aircraft which has been disposed of pursuant to Section
61-13-15
shall be transferred to the State General Fund.
Codes, 1942, § 8533-09; Laws, 1966, ch. 562, § 9; Laws, 1986, ch. 500, § 49; Laws, 1989, ch. 544, § 36, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 13 - AIRCRAFT FOR USE OF GOVERNOR, STATE DEPARTMENTS AND AGENCIES (§§ 61-13-1 — 61-13-25) › Section 61-13-19 - Penalties for violations of chapter

Any violation of the provisions of this chapter shall be punishable upon conviction by a fine of not to exceed five hundred dollars ($500.00).
Codes, 1942, § 8533-12; Laws, 1966, ch. 562, § 12, eff. 6/17/1966.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 13 - AIRCRAFT FOR USE OF GOVERNOR, STATE DEPARTMENTS AND AGENCIES (§§ 61-13-1 — 61-13-25) › Section 61-13-21 - Transfer of certain powers of Adjutant General to Department of Finance and Administration

It is the intent of "the Mississippi Executive Reorganization Act of 1989 [Laws, 1989, Chapter 544]" to transfer the powers of the Adjutant General, Military Department of the State of Mississippi, with regard to the purchase or lease, operation and maintenance of nonmilitary aircraft for use by the departments, agencies, boards and commissions, the Legislature, its officers and employees to the Department of Finance and Administration. The executive director may assign to appropriate divisions such powers and duties as he deems appropriate to carry out the lawful functions of the department.
The transfer shall include, but is not limited to, all aircraft, support equipment, tools, vehicles, hangars and other items associated with the operation of state aircraft. The affected agencies shall transfer complete title of the transferred items.
The provisions of "the Mississippi Executive Reorganization Act of 1989 [Laws, 1989, Chapter 544]" do not apply to military aircraft activities or to aircraft owned and operated by the various educational institutions for educational purposes, except that the planes owned and operated by the various educational institutions may be subject to the provisions of Section
61-13-15(2)
, Mississippi Code of 1972, at the discretion of the Department of Finance and Administration.
Laws, 1989, ch. 544, § 26, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 13 - AIRCRAFT FOR USE OF GOVERNOR, STATE DEPARTMENTS AND AGENCIES (§§ 61-13-1 — 61-13-25) › Section 61-13-23 - Maintenance and pilot proficiency requirements; maintenance of policy manual and records of aircraft operations; availability of aircraft for emergency use

Upon July 1, 1989, all state aircraft activity, except those excluded by Section
61-13-7
, Mississippi Code of 1972, shall adhere to the maintenance and pilot proficiency requirements as established by either the Federal Aviation Administration or the Department of Finance and Administration. A policy manual and records of all aircraft operations shall be maintained by the department. All state aircraft shall be on call for emergency use, as determined by the Executive Director of the Department of Finance and Administration.
Laws, 1989, ch. 544, § 27, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 13 - AIRCRAFT FOR USE OF GOVERNOR, STATE DEPARTMENTS AND AGENCIES (§§ 61-13-1 — 61-13-25) › Section 61-13-25 - Powers and duties of Department of Finance and Administration

The Department of Finance and Administration shall have the following powers, duties and functions with regard to state aircraft operations:
(a)
To administer, maintain and schedule a comprehensive program of management of state aviation activities;
(b)
To maintain a record of all flights made by state aircraft;
(c)
To initiate and maintain a pilot proficiency training program;
(d)
To establish priorities concerning the use of state aircraft;
(e)
To prepare and maintain a policy/procedure manual in order to standardize all state aviation activities;
(f)
To reassign state aircraft, when needed, that are under the control of the department. The agency to which the aircraft is assigned shall pay the operating cost.
Laws, 1989, ch. 544, § 28, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 15 - REGISTRATION OF AIRCRAFT (§§ 61-15-1 — 61-15-13) › Section 61-15-1 - Duties of State Tax Commission generally

It shall be the duty of the State Tax Commission to promulgate any additional rules and regulations and designate forms and procedures for the implementation of this chapter.
Laws, 1982, ch. 469, § 1; reenacted, Laws, 1984, ch. 516, § 1; reenacted, Laws, 1988, ch. 531, § 1; Laws, 1994, ch. 434, § 1, eff. 1/1/1995.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 15 - REGISTRATION OF AIRCRAFT (§§ 61-15-1 — 61-15-13) › Section 61-15-3 - "Aircraft" defined

Notwithstanding any other definition thereof in any other statute, the term "aircraft" as used herein shall, for license and registration purposes, include any contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air or airspace, manufactured by mass production or individually constructed or assembled, which are subject to registration with the Federal Aviation Administration.
Laws, 1982, ch. 469, § 2; reenacted, Laws, 1984, ch. 516, § 2; reenacted, Laws, 1988, ch. 531, § 2, eff. 1/1/1989.
Mississippi Code 1972 (2023) › Title 61 - AVIATION (§§ 61-1-1 — 61-NEW-NEW-003) › Chapter 15 - REGISTRATION OF AIRCRAFT (§§ 61-15-1 — 61-15-13) › Section 61-15-5 - Exemptions from registration

The following aircraft are exempt from provisions of this chapter:
(a)
Aircraft manufactured within the state under an FAA approved type certificate which are owned and in the physical possession of the manufacturers as provided in subsection (4) of Section
61-15-7
of this chapter;
(b)
Aircraft owned by charitable organizations and used solely for the furtherance of charitable purposes;
(c)
Aircraft belonging to nonresidents of this state and registered and taxed in another state;
(d)
Aircraft of the federal government, any agency thereof, any territory or possession thereof, any state government or agency or political subdivision thereof, and any aircraft of the Civil Air Patrol used solely in transaction of official business by a unit of the Civil Air Patrol;
(e)
Aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operation of such licensed aircraft;
(f)
Aircraft not currently licensed or holding a current airworthiness certificate by the Federal Aviation Administration;
(g)
Aircraft taxable under the provisions of Sections
27-35-701
through
27-35-711
; and
(h)
Aircraft used for commercial fishing purposes and aircraft used primarily for agricultural purposes which are subject to the regulation of the Agricultural Aviation Board of the State of Mississippi pursuant to the Agricultural Aviation Licensing Law of 1966, Sections
69-21-101
through
69-21-125
, Mississippi Code of 1972, and to which are issued current licenses by the Agricultural Aviation Board.
Laws, 1982, ch. 469, § 3; reenacted, Laws, 1984, ch. 516, § 3; reenacted, Laws, 1988, ch. 531, § 3, eff. 1/1/1989.