House Bill 1269

AN ACT TO AMEND SECTION 63-1-46, MISSISSIPPI CODE OF 1972, TO INCREASE THE FEES FOR REINSTATEMENT OF DRIVERS' LICENSES THAT HAVE BEEN SUSPENDED, REVOKED OR CANCELLED; TO PROVIDE THAT A PORTION OF THE FEES SHALL BE EXPENDED BY THE DEPARTMENT OF PUBLIC SAFETY, UPON APPROPRIATION BY THE LEGISLATURE, TO PROVIDE OVERTIME PAY FOR MISSISSIPPI HIGHWAY SAFETY PATROL OFFICERS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-1-46, Mississippi Code of 1972, is amended as follows:

63-1-46. (1) A fee of Fifty Dollars ($50.00) shall be charged for the reinstatement of a license issued pursuant to this article to every person whose license has been validly suspended, revoked or cancelled. This fee shall be charged for each offense of which the person was convicted that prescribes a penalty that includes the suspension, revocation or cancellation of the person's license and shall be in addition to the fee provided for in Section 63-1-43.

(2) One-half (1/2) of the funds received under the provisions of subsection (1) of this section shall be deposited into the State General Fund in accordance with Section 45-1-23, and the remaining one-half (1/2) of the fees shall be expended by the Department of Public Safety, upon appropriation by the Legislature, to provide overtime pay for Mississippi Highway Safety Patrol officers who work more than a forty-hour shift.

(3) In addition to the fee provided for in subsection (1) of this section, an additional fee of Twenty Dollars ($20.00) shall be charged for the reinstatement of a license issued pursuant to this article to every person whose license has been suspended or revoked under the provisions of the Mississippi Implied Consent Law or as a result of a conviction of a violation of the Uniform Controlled Substances Law under the provisions of Section 63-1-71. This additional fee shall be charged for each offense of which the person was convicted under the provisions of the Mississippi Implied Consent Law or the Uniform Controlled Substances Law that prescribes a penalty that includes the suspension or revocation of the person's license.

(4) Of the funds received under the provisions of subsection (3) of this section, Seventy-five Dollars ($75.00) shall be placed in a special fund hereby created in the State Treasury. Monies in such special fund may be expended solely to contribute to the Disability and Relief Fund for members of the Mississippi Highway Safety Patrol such amounts as are necessary to make sworn agents of the Mississippi Bureau of Narcotics who were employed by such bureau prior to December 1, 1990, and who were subsequently employed as enforcement troopers by the Department of Public Safety, full members of the retirement system for the Mississippi Highway Safety Patrol with full credit for the time they were employed as sworn agents for the Mississippi Bureau of Narcotics. The Board of Trustees of the Public Employees' Retirement System shall certify to the State Treasurer the amounts necessary for the purposes described above. The State Treasurer shall monthly transfer from the special fund created pursuant to this subsection the amounts deposited in such special fund to the Disability and Relief Fund for members of the Mississippi Highway Safety Patrol until such time as the certified amount has been transferred. At such time as the certified amount has been transferred, the State Treasurer shall transfer any funds remaining in the special fund created pursuant to this subsection to the State General Fund and shall then dissolve such special fund. This subsection (4) shall stand repealed at such time when the State Treasurer transfers funds and dissolves the special fund account in accordance with the provisions of this subsection. Of the remaining funds, Seventy-five Dollars ($75.00) shall be deposited into the State General Fund and Fifty Dollars ($50.00) shall be expended by the Department of Public Safety, upon appropriation by the Legislature, to provide overtime pay for Mississippi Highway Safety Patrol officers who work more than a forty-hour shift.

(5) The procedure for the reinstatement of a license issued pursuant to this article that has been suspended for being out of compliance with an order for support, as defined in Section 93-11-153, and the payment of any fees for the reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.

SECTION 2. This act shall take effect and be in force from and after July 1, 2006.