House Bill 639

AN ACT TO AMEND SECTION 45-3-39, MISSISSIPPI CODE OF 1972, TO AUTHORIZE HIGHWAY SAFETY PATROL OFFICERS TO USE THE PATROL CARS ASSIGNED TO THEM FOR PERSONAL OR PRIVATE PURPOSES; TO AMEND SECTION 25-1-79, MISSISSIPPI CODE OF 1972, IN CONFORMITY WITH THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 45-3-39, Mississippi Code of 1972, is amended as follows:

45-3-39. No state officer or other person shall utilize at any time any uniform, car, material or equipment of the Mississippi Highway Safety Patrol for his personal use or for private purposes except in an emergency; however, a highway safety patrol officer may use the patrol car assigned to him for personal or private purposes in accordance with such rules, regulations and policies as the Commissioner of Public Safety may promulgate. A breach of this provision shall constitute a misdemeanor punishable by a fine not to exceed One Hundred Dollars ($100.00), or thirty (30) days in jail, or both. Nothing in this section, however, shall be construed to apply to the Governor or Lieutenant Governor of the State of Mississippi.

SECTION 2. Section 25-1-79, Mississippi Code of 1972, is amended as follows:

25-1-79. Except as otherwise provided under Section 45-3-39, it shall be unlawful for any officer, employee, or other person whatsoever to use or permit or authorize the use of any automobile or any other motor vehicle owned by the State of Mississippi or any department, agency or institution thereof for any purpose other than upon the official business of the State of Mississippi or any agency, department or institution thereof. Further, it shall be unlawful for any such officer or employee to be paid or to receive any sums whatsoever for travel expense until the expenses for which payment is made, and each item thereof, have been actually incurred by such officer or employee, and then only upon the presentation of an itemized expense account which shall be approved in writing by the head of the department, agency or institution on whose behalf such travel is performed. However, it is expressly provided that any such officer or employee traveling beyond the confines of the state on business for and in behalf of the State of Mississippi may, strictly in the discretion of an agency, institution or department head, receive in advance from state funds for the purpose of such travel expense a sum to be specified by such aforementioned superior. Further, strict account of any sum so advanced must be kept in accord with Section 25-1-81.

SECTION 3. This act shall take effect and be in force from and after July 1, 2003.