MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Transportation

By: Representative Horne

AN ACT TO AMEND SECTIONS 45-1-21 AND 45-29-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CERTAIN MOTOR VEHICLE VIOLATION RECORDS MAINTAINED BY THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY SHALL BE CONFIDENTIAL AND SHALL BE EXEMPT FROM THE PROVISIONS OF THE MISSISSIPPI PUBLIC RECORDS LAW; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 45-1-21, Mississippi Code of 1972, is amended as follows:

45-1-21. The Mississippi Department of Public Safety being required by law to keep various records and perform various services and being authorized to furnish certain records and services, said department, by direction of the Commissioner of Public Safety, shall establish and collect for such services a proper fee, commensurate with the service rendered and the cost of such service for the furnishing of any record or abstract thereof in the Department of Public Safety now or which may hereafter be required by law to be kept by said department, any photograph or photo copy or any report of any kind authorized by law, including services for polygraph tests and reports thereof.

No records shall be furnished by the Mississippi Department of Public Safety which are classified as confidential by law. Records compiled and maintained by the Mississippi Department of Public Safety which identify individuals who have been charged or convicted of motor vehicle violations shall be confidential. All fees collected under this section shall be paid into the General Fund of the State Treasury in accordance with the provisions of Section 45-1-23(2).

Provided, however, that any amount of said fee set in excess of those fees set in the schedule of fees on file with the Secretary of State under the Administrative Procedures Act as of November 1, 1990, shall be deposited by the State Treasurer to the credit of a special fund hereby created in the State Treasury and designated the Department of Public Safety Administrative Fund. Monies deposited in such fund shall be expended by the Department of Public Safety, as authorized and appropriated by the Legislature, to defray the expenses of the department. Any revenue in the fund which is not encumbered at the end of the fiscal year shall lapse to the State General Fund.

SECTION 2. Section 45-29-3, Mississippi Code of 1972, is amended as follows:

45-29-3. The following records shall be exempt from the provisions of the Mississippi Public Records Law of 1983: (a) records which are in the possession of a public body, as defined by paragraph (a) of Section 25-61-3, that performs as one of its principal functions activities pertaining to the enforcement of criminal laws, the apprehension of criminal offenders or the investigation of criminal offenders and/or criminal activities, and which records consist of information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual; and (b) records compiled and maintained by the Mississippi Department of Public Safety which identify individuals who have been charged or convicted of motor vehicle violations.

SECTION 3. This act shall take effect and be in force from and after July 1, 1999.