MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Judiciary B
By: Representative Owen
AN ACT TO AMEND SECTION 25-1-87, MISSISSIPPI CODE OF 1972, TO REMOVE THE DEPARTMENT OF PUBLIC SAFETY, CAPITOL POLICE AND THE MISSISSIPPI BUREAU OF NARCOTICS FROM THE REQUIREMENT TO HAVE STATE-IDENTIFIED VEHICLES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-1-87, Mississippi Code of 1972, is amended as follows:
25-1-87. All motor vehicles
owned or leased by the State of Mississippi or any agency, department or
political subdivision thereof, which shall include counties and municipalities,
when such agency or department or political subdivision, which shall include
counties and municipalities, is supported wholly or in part by public taxes or
by appropriations from public funds, shall have painted on both sides in
letters at least three (3) inches in height, and on the rear in letters not
less than one and one-half (1-1/2) inches in height, the name of the state
agency or department, or political subdivision, which shall include counties and
municipalities, in a color which is in contrast with the color of the vehicle;
provided, however, that a permanent decal may be used in lieu of paint, and
provided further, that any municipality may affix a permanent decal or design
at least twelve (12) inches in height and twelve (12) inches in width on both
sides of the vehicle with the name of the municipality within or across the
permanent decal or design, and the permanent design or decal shall be in a
color or colors which are in contrast with the color of the vehicle. No
privilege license tag shall be issued for such vehicle until the name has been
painted thereon or a permanent design or decal affixed thereto as required by
this section. A permanent decal may be used in lieu of paint. The provisions
of this paragraph shall not apply to vehicles used by the Chief Executive of
the State of Mississippi, to vehicles owned or leased by the Department of
Economic and Community Development, to vehicles owned or leased by the Office
of the Attorney General, * * * to not more than one (1) vehicle owned or leased by the Department of
Public Safety for use by the Capitol Police, to vehicles
owned or leased by the Mississippi State Board of Medical Licensure and used
only by the Investigative Division of the board, to one (1) vehicle owned or
leased by the Executive Director of the Department of Mental Health, to not
more than one (1) vehicle owned or leased by the Mississippi Division of
Medicaid, to one (1) vehicle owned or leased by the State Department of
Rehabilitation Services, to one (1) vehicle owned or leased by the Mississippi
Department of Transportation, to one (1) vehicle owned or leased by the
Commissioner of the Mississippi Department of Corrections, to not more than
three (3) vehicles owned or leased by the Department of Corrections and used
only by Community Services Division officers, to not more than one (1) vehicle
owned or leased by the Mississippi Department of Transportation and used only
by an investigator employed by the Mississippi Department of Transportation, to
not more than two (2) vehicles owned or leased by the Mississippi Department of
Marine Resources, or to not more than one (1) vehicle owned or leased by the
Department of Revenue; and upon receipt of a written request from the State
Adjutant General, * * * the Director of the Alcoholic
Beverage Control Division of the Department of Revenue, the Executive Director
of the Mississippi Department of Wildlife, Fisheries and Parks, * * * the
Executive Officer of the Board of Pharmacy, the Executive Director of the
Mississippi Gaming Commission, the State Auditor or a president or chancellor
of a state institution of higher learning, the Governor may authorize the use
of specified unmarked vehicles only in instances where such identifying marks
will hinder official investigations, and the governing authorities of any
municipality may authorize the use of specified, unmarked police vehicles when
identifying marks would hinder official criminal investigations by the police.
The written request or the order or resolution authorizing such shall contain
the manufacturer's serial number, the state inventory number, where applicable,
and shall set forth why the vehicle should be exempt from the provisions of
this paragraph. In the event the request is granted, the Governor shall
furnish the State Department of Audit with a copy of his written authority for
the use of the unmarked vehicles, or the governing authority, as the case may
be, shall enter its order or resolution on the minutes and shall furnish the
State Department of Audit with a certified copy of its order or resolution for
the use of the unmarked police vehicle. The state property auditors of the
State Department of Audit shall personally examine vehicles owned or leased by
the State of Mississippi or any agency, department or commission thereof and
report violations of the provisions of this paragraph to the State Auditor and
the Chairman of the Joint Legislative Committee on Performance Evaluation and
Expenditure Review. Any vehicle found to be in violation of this paragraph shall
be reported immediately to the department head charged with such vehicle, and
five (5) 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.
Upon notification to the Department of Revenue by the State Auditor that any municipality or political subdivision is not in compliance with this section, the Department of Revenue shall withhold any sales tax due for distribution to any such municipality and any excise tax on gasoline, diesel fuel, kerosene and oil due any such county and for any months thereafter, and shall continue to withhold such funds until compliance with this section is certified to the Department of Revenue by the State Department of Audit.
County-owned motor vehicles operated by the sheriff's department shall not be subject to the provisions of this section, but shall be subject to the provisions of Section 19-25-15. County-owned motor vehicles operated by a family court established pursuant to Section 43-23-1 et seq., shall not be subject to the provisions of this section.
State-owned or leased motor vehicles operated by the Department of Mental Health or by facilities operated by the Department of Mental Health and used for transporting patients living in group homes or alternative living arrangements shall not be subject to the provisions of this section.
Up to four (4) passenger automobiles owned or leased by economic development districts or economic development authorities shall not be subject to the provisions of this section.
State-owned or leased motor vehicles operated by the Agricultural and Livestock Theft Bureau of the Department of Agriculture and Commerce and used to investigate livestock theft shall not be subject to the provisions of this section.
Up to three (3) motor vehicles owned or leased by the Pascagoula Municipal Separate School District for use by district security officers shall not be subject to the provisions of this section.
The provisions of this section shall not apply to vehicles owned or leased by the Department of Human Services, Office of Inspector General for use only by Mississippi certified law enforcement officers who are assigned to the Fraud Investigative Unit.
Up to three (3) motor vehicles owned or leased by the Department of Insurance for use by the State Fire Marshal's Office shall not be subject to the provisions of this section.
The motor vehicles of a public airport shall not be subject to the provisions of this section upon a finding by the governing authority of such airport that marking a motor vehicle as required in this section will compromise security at such airport.
The provisions of this section shall not apply to vehicles owned and leased by the Department of Public Safety for use by sworn officers in performance of their official duties which include, but are not limited to, ensuring the safety of the public, the apprehension and investigation of criminal offenders, or the investigation of criminal activities.
SECTION 2. This act shall take effect and be in force from and after July 1, 2025.