1998 Regular Session
To: Local and Private
By: Senator(s) Browning
Senate Bill 2745
(As Passed the Senate)
AN ACT TO AUTHORIZE THE BOARD OF SUPERVISORS OF UNION COUNTY TO IMPOSE ADDITIONAL COURT COSTS IN CERTAIN CASES FOR THE PURPOSE OF FUNDING A DRUG ABUSE RESISTANCE EDUCATION PROGRAM OR SIMILAR PROGRAM IN THE LOCAL SCHOOL DISTRICTS; TO REQUIRE THE IMPOSITION OF SUCH COURT COSTS TO BE APPROVED BY A MAJORITY OF THE QUALIFIED ELECTORS OF UNION COUNTY VOTING AT AN ELECTION CALLED FOR SUCH PURPOSE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Board of Supervisors of Union County, Mississippi, in its discretion, by resolution duly adopted and entered on its minutes, may require the imposition of the following additional court costs in the justice, county and circuit courts situated within the county:
(a) Upon each person convicted under the Controlled Substances Law, the amount of Fifty Dollars ($50.00).
(b) Upon each person convicted under the Mississippi Implied Consent Law, the amount of Twenty-five Dollars ($25.00).
(c) Upon all traffic violations, the amount of Five Dollars ($5.00).
(2) The resolution adopted by the board of supervisors shall include a statement of the board's intent to impose the additional court costs, the purpose therefor and the date on which the courts will begin to impose the additional court costs; provided, however, that the date on which the courts will begin to impose the additional court costs shall not be sooner than the first day of the second month following the date of the election required to be held pursuant to Section 2 of this act.
(3) The avails of any additional court costs imposed under subsection (1) of this section shall be used to fund the implementation of a Drug Abuse Resistance Education Program or similar program designed to deter the abuse of drugs in the county school district and/or any separate school district that encompasses territory within Union county and any adjoining county or counties, as specified in the resolution. The board of supervisors shall determine, in its discretion, if it will contribute funds and the amount thereof, if any, for such a program in a separate school district that encompasses territory within an adjoining county or counties.
(4) Upon the adoption of the resolution stating its intent to impose the additional court costs, the board of supervisors shall provide for the creation of a special county fund in which all court costs collected under subsection (1) of this section shall be deposited. Monies in the special fund shall be used for the sole purpose of defraying the cost of the Drug Abuse Resistance Education Program or similar program.
(5) The clerks of the respective courts shall deposit and account for the additional court costs collected under subsection (1) of this section in the same manner as fines collected in those courts.
SECTION 2. Before the imposition of the additional court costs authorized in Section 1 of this act, the Board of Supervisors of Union County, Mississippi, shall call and hold an election on the question of the imposition of the additional court costs. Such election shall be held on the first Tuesday after the first Monday in November, 1998, and shall be held, as far as is practicable, in the same manner as other elections are held in the county. Notice of the election on the question of the imposition of the additional court costs shall be published once each week for at least three (3) consecutive weeks in a newspaper having a general circulation in the county. The first publication of such notice shall be made not less than twenty-one (21) days prior to the date fixed for such election, and the last publication of such notice shall be made not more than seven (7) days prior to the date fixed for such election. The ballots used at such election shall have printed thereon a brief statement of the amount of the additional court costs and the purpose therefor, and the words "FOR THE ADDITIONAL COURT COSTS" and "AGAINST THE ADDITIONAL COURT COSTS." The voter shall vote by placing a cross (X) or check mark (U) opposite his choice on the proposition. The additional court costs shall not be imposed unless approved by a majority of the qualified electors voting at such election.
SECTION 3. The Board of Supervisors of Hancock County, Mississippi, shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.
SECTION 4. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.