MISSISSIPPI LEGISLATURE

1997 Regular Session

To: County Affairs; Appropriations

By: Senator(s) Rayborn, Jackson, Lee, Kirby, Carter

AN ACT TO AMEND SECTION 19-25-15, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT MOTOR VEHICLES USED BY THE SHERIFF SOLELY IN THE MULTIJURISDICTIONAL ENFORCEMENT OF CONTROLLED SUBSTANCES LAWS WILL NOT BE COUNTED WHEN DETERMINING THE NUMBER OF UNMARKED VEHICLES WHICH THE SHERIFF IS OTHERWISE AUTHORIZED; TO PROVIDE THAT SUCH MOTOR VEHICLES MAY BE TITLED IN THE NAME OF A MULTIJURISDICTIONAL DRUG ENFORCEMENT TASK FORCE; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 19-25-15, Mississippi Code of 1972, is amended as follows:

19-25-15. Motor vehicles purchased or leased by the county for the sheriff's office shall be clearly marked on both sides with the words "SHERIFF'S DEPARTMENT." The use of large auto door decals shall constitute compliance with this section. Each such motor vehicle shall be marked on the sides or trunk top with the name of the county in clear letters of no less than four (4) inches in height.

In instances where the identifying marks required in this section will hinder official investigations, the sheriff may, with the approval of the board of supervisors, authorize the use of not more than two (2) specified unmarked vehicles in counties having a total assessed valuation of less than Sixty Million Dollars ($60,000,000.00); not more than five (5) such vehicles in counties having a total assessed valuation of Sixty Million Dollars ($60,000,000.00) or more; not more than six (6) such vehicles in counties having a total assessed valuation of Sixty Million Dollars ($60,000,000.00) or more bordering on the Mississippi River, wherein is located a federal military park and wherein U.S. Highway 61 and Interstate Highway 20 intersect; not more than seven (7) such vehicles in counties having a total assessed valuation of Sixty Million Dollars ($60,000,000.00) or more bordering on the Mississippi River, wherein is located a military park and wherein U.S. Highway 61 and Highway 18 intersect; not more than twenty (20) such vehicles in counties having a total assessed valuation of Sixty Million Dollars ($60,000,000.00) or more traversed by the Tennessee-Tombigbee Waterway and U.S. Highway 82; not more than ten (10) such vehicles in counties having a total assessed valuation of Sixty Million Dollars ($60,000,000.00) or more and in which U.S. Highway 45 and U.S. Highway 78 intersect; not more than ten (10) such vehicles in counties having a total assessed valuation of Sixty Million Dollars ($60,000,000.00) or more bordering on the Mississippi River and traversed by U.S. Highway 82; not more than ten (10) such vehicles in counties having a total assessed valuation of Sixty Million Dollars ($60,000,000.00) or more and in which U.S. Highway 61 and Mississippi Highway 8 intersect; not more than twenty (20) such vehicles in counties having a total assessed valuation of Sixty Million Dollars ($60,000,000.00) or more bordering on the Mississippi River and the State of Tennessee and traversed by U.S. Interstate Highway 55; not more than twenty-five (25) such vehicles in counties having a total assessed valuation of Sixty Million Dollars ($60,000,000.00) or more, bordering on the Gulf of Mexico and employing more than ninety (90) full-time duly sworn deputy sheriffs; not more than ten (10) such vehicles in counties bordered by the Ross Barnett Reservoir in which Interstate Highway 55 and Mississippi Highway 16 intersect; and not more than twenty (20) such vehicles in counties having a total assessed valuation of Sixty Million Dollars ($60,000,000.00) or more, in which Interstate Highway 55 and Interstate Highway 20 intersect and in which the state capital is located. The approval of the board shall be entered on its minutes and shall contain the manufacturer's serial number and the reason why the vehicle or vehicles should be exempt from provisions of this section. In addition, the manufacturer's serial number of all county-owned sheriff's department vehicles not subject to the exemption shall be included in such resolution or order of approval, and a certified copy thereof shall be furnished the State Department of Audit.

In any county which participates in the multijurisdictional enforcement of controlled substances laws pursuant to an agreement approved by the Attorney General under the Interlocal Cooperation Act of 1974, motor vehicles used by the sheriff solely in such enforcement and listed on a separate inventory from other sheriff's department vehicles shall not be counted in determining the number of unmarked vehicles which the sheriff's department is authorized under the immediately preceding paragraph of this section. Any such vehicle which is used solely in the multijurisdictional enforcement of controlled substances laws may be acquired in the name of the drug enforcement task force which is the subject of a duly-approved interlocal cooperation agreement, and the title to such vehicle may be in the name of the task force with a certified copy thereof provided the State Department of Audit.

Any vehicle found to be in violation of this section shall be reported immediately to the sheriff and the board of supervisors, and fifteen (15) 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.

SECTION 2. This act shall take effect and be in force from and after its passage.