Bill Text: MS SB2938 | 2019 | Regular Session | Introduced
Bill Title: Department of Marine Resources; authorize unmarked vehicles for law enforcement activities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-02-05 - Died In Committee [SB2938 Detail]
Download: Mississippi-2019-SB2938-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Accountability, Efficiency, Transparency; Ports and Marine Resources
By: Senator(s) Gollott
Senate Bill 2938
AN ACT TO AMEND SECTION 25-1-87, MISSISSIPPI CODE OF 1972, TO ALLOW THE GOVERNOR TO AUTHORIZE THE DEPARTMENT OF MARINE RESOURCES, UPON WRITTEN REQUEST BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT, TO MAINTAIN UNMARKED VEHICLES FOR LAW ENFORCEMENT PURPOSES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-1-87, Mississippi Code of 1972, is amended as follows:
25-1-87. All motor vehicles
owned or leased by the State of Mississippi or any agency, department or
political subdivision thereof, which shall include counties and municipalities,
when such agency or department or political subdivision, which shall include
counties and municipalities, is supported wholly or in part by public taxes or
by appropriations from public funds, shall have painted on both sides in
letters at least three (3) inches in height, and on the rear in letters not
less than one and one-half (1-1/2) inches in height, the name of the state
agency or department, or political subdivision, which shall include counties
and municipalities, in a color which is in contrast with the color of the
vehicle; provided, however, that a permanent decal may be used in lieu of
paint, and provided further, that any municipality may affix a permanent decal
or design at least twelve (12) inches in height and twelve (12) inches in width
on both sides of the vehicle with the name of the municipality within or across
the permanent decal or design, and the permanent design or decal shall be in a
color or colors which are in contrast with the color of the vehicle. No
privilege license tag shall be issued for such vehicle until the name has been
painted thereon or a permanent design or decal affixed thereto as required by
this section. A permanent decal may be used in lieu of paint. The provisions
of this paragraph shall not apply to vehicles used by the Chief Executive of
the State of Mississippi, to vehicles owned or leased by the Department of
Economic and Community Development, to vehicles owned or leased by the Office
of the Attorney General, to not more than one (1) vehicle owned or leased by
the Department of Finance and Administration for use by the Capitol Police, to
vehicles owned or leased by the Mississippi State Board of Medical Licensure and
used only by the Investigative Division of the board, to one (1) vehicle owned
or leased by the Executive Director of the Department of Mental Health, to not
more than one (1) vehicle owned or leased by the Mississippi Division of
Medicaid, to one (1) vehicle owned or leased by the State Department of
Rehabilitation Services, to one (1) vehicle owned or leased by the Mississippi
Department of Transportation, to one (1) vehicle owned or leased by the
Commissioner of the Mississippi Department of Corrections, to not more than
three (3) vehicles owned or leased by the Department of Corrections and used
only by Community Services Division officers, to not more than one (1) vehicle
owned or leased by the Mississippi Department of Transportation and used only by
an investigator employed by the Mississippi Department of Transportation, * * * or to not more than one
(1) vehicle owned or leased by the Mississippi State Tax Commission; and upon
receipt of a written request from the State Adjutant General, the Commissioner
of Public Safety, the Director of the Alcoholic Beverage Control Division of
the Mississippi State Tax Commission, the Executive Director of the Mississippi
Department of Wildlife, Fisheries and Parks, the Executive Director of the
Mississippi Department of Marine Resources, the Director of the Bureau of
Narcotics, the Executive Officer of the Board of Pharmacy, the Executive
Director of the Mississippi Gaming Commission, the State Auditor or a president
or chancellor of a state institution of higher learning, the Governor may
authorize the use of specified unmarked vehicles only in instances where such
identifying marks will hinder official investigations, and the governing
authorities of any municipality may authorize the use of specified, unmarked
police vehicles when identifying marks would hinder official criminal
investigations by the police. The written request or the order or resolution
authorizing such shall contain the manufacturer's serial number, the state
inventory number, where applicable, and shall set forth why the vehicle should
be exempt from the provisions of this paragraph. In the event the request is
granted, the Governor shall furnish the State Department of Audit with a copy
of his written authority for the use of the unmarked vehicles, or the governing
authority, as the case may be, shall enter its order or resolution on the
minutes and shall furnish the State Department of Audit with a certified copy
of its order or resolution for the use of the unmarked police vehicle. The
state property auditors of the State Department of Audit shall personally
examine vehicles owned or leased by the State of Mississippi or any agency,
department or commission thereof and report violations of the provisions of
this paragraph to the State Auditor and the Chairman of the Joint Legislative
Committee on Performance Evaluation and Expenditure Review. Any vehicle found
to be in violation of this paragraph shall be reported immediately to the
department head charged with such vehicle, and five (5) days shall be given for
compliance; and if not complied with, such vehicles shall be impounded by the
State Auditor until properly marked or exempted.
Upon notification to the State Tax Commission by the State Auditor that any municipality or political subdivision is not in compliance with this section, the State Tax Commission shall withhold any sales tax due for distribution to any such municipality and any excise tax on gasoline, diesel fuel, kerosene and oil due any such county and for any months thereafter, and shall continue to withhold such funds until compliance with this section is certified to the State Tax Commission by the State Department of Audit.
County-owned motor vehicles operated by the sheriff's department shall not be subject to the provisions of this section, but shall be subject to the provisions of Section 19-25-15. County-owned motor vehicles operated by a family court established pursuant to Section 43-23-1 et seq., shall not be subject to the provisions of this section.
State-owned or leased motor vehicles operated by the Department of Mental Health or by facilities operated by the Department of Mental Health and used for transporting patients living in group homes or alternative living arrangements shall not be subject to the provisions of this section.
Up to four (4) passenger automobiles owned or leased by economic development districts or economic development authorities shall not be subject to the provisions of this section.
State-owned or leased motor vehicles operated by the Agricultural and Livestock Theft Bureau of the Department of Agriculture and Commerce and used to investigate livestock theft shall not be subject to the provisions of this section.
Up to three (3) motor vehicles owned or leased by the Pascagoula Municipal Separate School District for use by district security officers shall not be subject to the provisions of this section.
Up to three (3) motor vehicles owned or leased by the Department of Human Services for use only by the Program Integrity Division and the executive director shall not be subject to the provisions of this section.
Up to three (3) motor vehicles owned or leased by the Department of Insurance for use by the State Fire Marshal's Office shall not be subject to the provisions of this section.
The motor vehicles of a public airport shall not be subject to the provisions of this section upon a finding by the governing authority of such airport that marking a motor vehicle as required in this section will compromise security at such airport.
SECTION 2. This act shall take effect and be in force from and after July 1, 2019.
