MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Fees, Salaries and Administration; Appropriations

By: Senator(s) Gordon

AN ACT TO AMEND SECTION 25-1-85, MISSISSIPPI CODE OF 1972, TO REVISE THE NUMBER OF MOTOR VEHICLES THAT DEPARTMENTS, AGENCIES OR INSTITUTIONS ARE ALLOWED TO PURCHASE AND OPERATE; TO AMEND SECTION 25-1-77, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-1-85, Mississippi Code of 1972, is amended as follows:

25-1-85. The following state departments, agencies or institutions are hereby allowed to purchase, own and operate, in strict accordance with the provisions hereof, motor vehicles not to exceed the following numbers:

Office of the Attorney General

Passenger automobiles 7

Trucks 5

Agriculture and Commerce

Passenger automobiles 12

Trucks 82

Vans 31

Department of Economic and Community Development

Passenger automobiles 10

Trucks 1

Vans 5

Experiment Stations

Passenger automobiles 7

Trucks 173

Vans 11

Extension Service

Passenger automobiles 1

Trucks 5

Vans 3

Forestry Commission

Passenger automobiles 23

Trucks 508

Vans 12

Buses 1

Department of Transportation

Passenger automobiles 118

Trucks 893

Road working trucks 1,214

Vans 83

Military Department

Passenger automobiles 5

Trucks 23

Vans 13

Buses 5

Department of Corrections

Passenger automobiles 106

Trucks 215

Vans 198

Buses 45

Ambulances 8

Mississippi Department of Public Safety

Passenger automobiles 689

Trucks 46

Vans 14

Division of Plant Industry

Passenger automobiles 12

Trucks 21

Vans 1

State Board of Mental Health

Passenger automobiles 2

East Mississippi State Hospital

Passenger automobiles 7

Trucks 18

Vans 25

Buses 1

Mississippi State Hospital

Passenger automobiles 8

Trucks 62

Vans 24

Buses 5

Ambulances 3

Soil and Water Conservation Commission

Passenger automobiles 2

Trucks 6

Vans 1

Ellisville State School

Trucks 23

Vans 31

Buses 6

Ambulances 1

North Mississippi Retardation Center

Passenger automobiles 7

Trucks 21

Vans 37

Buses 3

South Mississippi Retardation Center

Passenger automobiles 4

Trucks 19

Vans 40

Buses 6

Board of Health

Passenger automobiles 2

Trucks 7

Vans 7

State Oil and Gas Board

Passenger automobiles 3

Trucks 9

Wildlife, Fisheries and Parks

Passenger automobiles 60

Trucks 650

Vans 50

Surplus Property Procurement Commission

Trucks 5

State Tax Commission

Passenger automobiles 32

Trucks 10

Vans 2

Mississippi Gaming Commission

Passenger automobiles 52

Trucks 8

Vans 1

Department of Environmental Quality

Passenger automobiles 5

Trucks 97

Vans 67

Pearl River Valley Water Supply District

Passenger automobiles 7

Trucks 35

Pearl River Basin Development District

Passenger automobiles 2

Trucks 4

Vans 1

Pat Harrison Waterway District

Trucks 45

Vans 3

Department of Transportation -

Office of State Aid Road Construction

Passenger automobiles 10

Tennessee-Tombigbee Waterway Development Authority

Passenger automobiles 1

Fair Commission

Passenger automobiles 1

Trucks 6

State Civil Defense Office (including

communications vehicle)

Passenger automobiles 3

Trucks 1

Vans 10

Buses 1

Bureau of Narcotics

Passenger automobiles 116

Trucks 46

Vans 7

Motorcycles 1

Mississippi State Port Authority at Gulfport

Passenger automobiles 2

Trucks 16

Vans 2

Tombigbee Water Supply District

Passenger automobiles 1

Trucks 12

Vans 1

Board of Pharmacy

Passenger automobiles 4

Yellow Creek State Inland Port Authority

Passenger automobiles 1

Trucks 4

Department of Archives and History

Passenger automobiles 2

Trucks 9

Vans 4

State Fire Fighters Academy

Trucks 15

Buses 1

Office of General Services

Passenger automobiles 5

Trucks 16

Vans 7

State Veterans Affairs Board

Passenger automobiles 1

Trucks 4

Vans 4

Buses 3

Employment Security Commission

Trucks 1

Vans 3

Mississippi Board of Nursing

Passenger automobiles 5

State Board of Medical Licensure

Passenger automobiles 3

Vans 1

Mississippi Public Employees' Retirement System

Passenger automobiles 3

Mississippi Public Service Commission

Passenger automobiles 50

Vans 1

Buses 1

Department of Human Services

Passenger automobiles 13

Trucks 16

Vans 14

Buses 1

Department of Rehabilitation Services

Passenger automobiles 6

Trucks 65

Vans 72

Buses 1

Real Estate Commission

Passenger automobiles 1

Trucks 1

Mississippi Library Commission

Passenger automobiles 5

Boswell Regional Center

Passenger automobiles 3

Trucks 17

Vans 35

Buses 2

Hudspeth Regional Center

Passenger automobiles 3

Trucks 12

Vans 29

Buses 4

North Mississippi State Hospital

Passenger automobiles 1

South Mississippi State Hospital

Passenger automobiles 1

Motor Vehicle Commission

Passenger automobiles 1

Office of the State Auditor

Passenger automobiles 20

Division of Medicaid, Office of the Governor

Passenger automobiles 1

Vans 2

Department of Marine Resources

Passenger automobiles 6

Trucks 12

Vans 10

Central Mississippi Residential Center

Trucks 2

Juvenile Rehabilitation Center

Passenger automobiles 1

Department of Education

Passenger automobiles 3

Trucks 6

Vans 12

Buses 18

Office of the State Fire Marshal

Passenger automobiles 15

Liquified Compressed Gas Division of the

Department of Insurance

Passenger automobiles 10

Grand Gulf Military Monument Commission

Trucks 3

Department of Insurance

Passenger automobiles 15

Trucks 10

Magnolia State Enterprises

Passenger automobiles 4

Trucks 1

Vans 4

Information Technology Services

Vans 3

Mississippi Industries for the Blind

Passenger automobiles 2

Trucks 10

Vans 1

Memorial Stadium

Trucks 1

Forest and Wildlife Research - MSU

Passenger automobiles 4

Trucks 69

Vans 10

Vocational Education

Trucks 48

Vans 21

ETV

Passenger automobiles 1

Trucks 12

Vans 19

University Press

Trucks 2

DECD Yellow Creek

Passenger automobiles 2

Trucks 52

Vans 8

Ambulances 2

Animal Health Board

Trucks 22

Mississippi Veterinary Diagnostic Lab

Trucks 2

Vans 1

Gulf Coast Research Lab - USM

Passenger automobiles 2

Trucks 22

Vans 5

Buses 1

Chemical Laboratory - MSU

Trucks 2

Vans 1

School for Math and Science

Trucks 1

Vans 1

Buses 5

Crimestoppers Advisory Council

Trucks 1

Except as provided in Sections 25-1-77 through 25-1-93, no state department, institution or agency shall purchase, operate or maintain any motor vehicle out of any funds available for the use of such department, institution or agency, unless same has been or may be donated.

For purposes of this section, "passenger vehicle" shall be defined as a vehicle which is designed to transport four (4) or more persons and/or provides adequate seating for at least four (4) persons. The terms "luxury vehicle," "full-size vehicle," "utility vehicle" and "carryall vehicle" shall be as defined by the industry.

Nothing in Sections 25-1-77 through 25-1-93 shall be construed to prohibit agencies, departments and institutions from purchasing and operating motor vehicles when used exclusively to transport patients, prisoners, students, faculty or staff of state institutions, blind and sighted employees essential to operate blind training programs or material, products and client-trainees in the sheltered workshop program, or bookmobiles. The superintendents of the Columbia Training School and Oakley Training School and the Commissioner of Corrections, or staff members designated by them, may use such motor vehicles for other official functions and operations of those institutions at their discretion. Motor vehicles * * * used for any other purposes shall be * * * subject to the restrictions set forth in the aforesaid sections.

In addition to the motor vehicles authorized to be owned and operated by the Mississippi Department of Public Safety, said department is also authorized to receive, own and operate special purpose motor vehicles to be used solely in investigations.

Of the motor vehicles authorized to be owned and operated by the Mississippi Highway Safety Patrol, no more than twenty-one (21) vehicles may be kept for use by administrative personnel of the patrol whose principal duties are performed at the Highway Safety Patrol Headquarters Building and the Drivers' License Examining Station in Hinds County to commute to and from the residence of said personnel to the office at which such duties are regularly performed.

Of the motor vehicles authorized to be owned and operated by the Mississippi Department of Transportation, not more than five (5) vehicles may be kept for use by administrative personnel of the department to commute between their residences and the offices at which their duties are regularly performed. The executive director of the department is authorized to allow additional department personnel to commute to and from their residences in department vehicles due to the nature of their job and for the safety of the traveling public.

Of the motor vehicles authorized to be owned and operated by the State Tax Commission, no more than four (4) vehicles may be kept for use by administrative personnel whose principal duties are performed at State Tax Commission offices in Hinds County to commute to and from the residence of said personnel to the office at which such duties are regularly performed.

The provisions of Chapter 226, Laws of 1964, remain in force and are not affected by this section.

Any state officer, employee or board member who violates any of the foregoing provisions of Sections 25-1-77 through 25-1-85 shall be liable on his or her official bond for the total amount of the purchase price of the motor vehicle, plus the total amount of funds expended in violation of said sections for the operating costs of such vehicle.

SECTION 2. Section 25-1-77, Mississippi Code of 1972, is amended as follows:

25-1-77. No state department, institution or agency shall purchase any motor vehicle, regardless of the source of funds from which the motor vehicle is to be purchased, except under authority granted in Section 25-1-85.

SECTION 3. This act shall take effect and be in force from and after July 1, 2001.