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 * * *, 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.
SECTION 2. This act shall take effect and be in force from and after July 1, 2025.