MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Judiciary B
By: Representative Owen
AN ACT TO AMEND SECTION 25-1-87, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS OF LAW REGULATING UNMARKED VEHICLES FOR PURPOSES OF CLARIFICATION; 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 state agency or department, or
political subdivision, which shall include counties and municipalities, * * * 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 shall only apply to vehicles
which are for use by sworn officers in the 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 including 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 vehicles 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, up to four (4) vehicles owned or leased
by economic development districts or economic development authorities, up to
three (3) vehicles owned or leased by the Department of Insurance for use by
the State Fire Marshal's Office, up to three (3) vehicles owned or leased by
the Department of Corrections and used only by Community Services Division
officers, to vehicles owned or leased by the Department of Public Safety for
executive protection, and to vehicles owned or leased by the Agricultural and
Livestock Theft Bureau of the Department of Agriculture and Commerce and used
for investigative purposes. * * * The provisions of this
paragraph shall not apply to one (1) vehicle owned or leased by the
Executive Director of the Department of Mental Health, * * *
the Mississippi Division of Medicaid, * * * the State
Department of Rehabilitation Services, * * * the
Mississippi Department of Transportation, * * * the
Commissioner of the Mississippi Department of Corrections, * * * the Mississippi Department of Marine Resources,
or to not more than one (1) vehicle owned or leased by the Department of
Revenue; * * * the State Adjutant General, the
Commissioner of Public Safety, * * * the Alcoholic Beverage Control
Division of the Department of Revenue, * * * the Mississippi
Department of Wildlife, Fisheries and Parks, the Director of the Bureau of
Narcotics, * * * 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 upon written request of any state
agency department or political subdivision only in instances where such
identifying marks will hinder official investigations. * * * The written request shall contain
the manufacturer's serial number, the state inventory number, where applicable,
and shall set forth why the vehicle should be exempt. 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. 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 * * * 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. * * * The governing authority * * * 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 governing authorities of any board or political subdivision of
the State of Mississippi may authorize the use of specified, unmarked vehicles
when identifying marks would hinder official investigations by a sworn law
enforcement officer. The governing authority of any airport or school may
authorize the use of unmarked vehicles when identifying mark will compromise
security at such airport or school. The order or resolution authorizing such
unmarked vehicles shall contain the manufacturer's serial number, the inventory
number, and shall set forth why the vehicle should be exempt from the
provisions of this paragraph. The governing authority 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.
* * *
SECTION 2. This act shall take effect and be in force from and after July 1, 2025.