2002 Regular Session
To: Public Utilities
By: Senator(s) Robertson
AN ACT TO AMEND SECTION 63-9-31, MISSISSIPPI CODE OF 1972, TO REQUIRE GOVERNMENTAL AUTHORITIES OF COUNTIES AND MUNICIPALITIES WHICH PARTICIPATE IN AN INTERGOVERNMENTAL WIRELESS RADIO COMMUNICATIONS PROGRAM TO ASSESS THE MAXIMUM SURCHARGE ON ALL CITATIONS ISSUED BY THE MISSISSIPPI HIGHWAY PATROL; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-9-31, Mississippi Code of 1972, is amended as follows:
63-9-31. (1) In addition to any other monetary penalties and other penalties imposed by law, any county or municipality which participates in an intergovernmental wireless radio communications program approved by the applicable governing authorities may assess an additional surcharge in an amount not to exceed Ten Dollars ($10.00) on each person upon whom a court imposes a fine or other penalty for each violation of Title 63, Mississippi Code of 1972, except offenses relating to vehicular parking or registration. The proceeds from the surcharge may be used by a county or municipality only to fund that county's or municipality's participation in the intergovernmental wireless radio communications program by funding public safety wireless communications systems and related computer and communications equipment. However, on all citations issued by the Mississippi Highway Safety Patrol, the governing authorities shall assess the maximum surcharge of Ten Dollars ($10.00) and the proceeds from the surcharge shall be divided equably between the Mississippi Highway Patrol and the governing authority if both entities have agreed to such division of proceeds by evidence of an intergovernmental agreement. The proceeds from the surcharge imposed by this subsection shall be deposited into a special fund in the Department of Public Safety's Office of Public Safety Planning and shall be utilized for the purpose of funding wireless radio communications and related computer equipment. The Office of Public Safety Planning shall promulgate rules and procedures relating to the administration of the special fund and the disbursement of monies in the fund to participating governmental entities. The maximum amount that a governmental entity may receive from the special fund shall be an amount equal to the deposits made into the fund by that entity, less one percent (1%) to be retained by the Office of Public Safety Planning to defray the costs of administering the special fund. Interest earned on the special fund shall remain in the fund and shall be used by the Office of Public Safety Planning to further defray the costs of administering the special fund.
(2) Deposits into the special fund resulting from citations issued by the Mississippi Highway Safety Patrol shall be utilized for the purpose of funding wireless communications and related computer equipment, subject to the approval of the Mississippi Department of Information Technology Services.
(3) Approval of an intergovernmental wireless radio communications program must be given by the applicable governing authorities when:
(a) The program includes the sharing of support facilities, including, but not limited to, towers, shelters and microwave, by participating entities; or
(b) The program includes the establishment of a mutual aid system using common radio frequency channels between participating entities; or
(c) The program sets forth a feasible methodology that utilizes the radio frequency spectrum in an efficient manner.
(4) Participating counties, municipalities and the Mississippi Highway Safety Patrol must provide notification of facilities available for interoperability to the Mississippi Department of Information Technology Services annually.
(5) Counties and municipalities participating in an intergovernmental wireless radio communications program and the Mississippi Highway Safety Patrol must comply with competitive bidding requirements prescribed in Section 31-7-13 and are encouraged to utilize an open architecture, nonproprietary system.
SECTION 2. This act shall take effect and be in force from and after its passage.