MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Appropriations
By: Representative Robinson (84th)
AN ACT TO CHARGE AN ADDITIONAL $1.00 STATE ASSESSMENT FEE TO THOSE TO THOSE PERSONS UPON WHOM THE COURT IMPOSES A FINE OR OTHER ASSESSMENT; TO CREATE THE "LAW ENFORCEMENT OFFICERS DISABILITY BENEFITS TRUST FUND"; TO PROVIDE THAT ALL SUCH FEES COLLECTED SHALL BE DEPOSITED INTO THE FUND AND MAY BE EXPENDED BY THE DEPARTMENT OF PUBLIC SAFETY TO BENEFIT INJURED LAW ENFORCEMENT OFFICERS; TO AMEND SECTION 99-19-73, MISSISSIPPI CODE OF 1972, TO ADD A $1.00 FEE FOR THE "LAW ENFORCEMENT OFFICERS DISABILITY BENEFITS TRUST FUND" TO THE LIST OF ADDITIONAL FEES CHARGED FOR CERTAIN FINES AND PENALTIES FOR THE "LAW ENFORCEMENT OFFICERS DISABILITY BENEFITS TRUST FUND"; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a) "Covered individual" means a law enforcement officer or fire fighter as defined in this section when employed by an employer as defined in this section; it does not include employees of independent contractors.
(b) "Employer" means a state board, commission, department, division, bureau, or agency, or a county, municipality or other political subdivision of the state, which employs, appoints or otherwise engages the services of covered individuals.
(c) "Law enforcement officer" means any lawfully sworn officer or employee of the state or any political subdivision of the state whose duties require the officer or employee to investigate, pursue, apprehend, arrest, transport or maintain custody of persons who are charged with, suspected of committing, or convicted of a crime, whether the officer is on regular duty on full-time status, an auxiliary or reserve officer, or is serving on a temporary or part-time status.
(2) (a) Any law enforcement officer employed by this state or any county or municipality therein, who becomes physically disabled, but not permanently disabled, as a result of the performance of the law enforcement officer's official duties shall be entitled to receive a monthly compensation benefit from the Law Enforcement Officers Disability Benefits Trust Fund. The Department of Public Safety shall make a monthly payment, as provided in this section, in the amount equal to thirty four percent (34%) of the regular base salary in effect at the time of the law enforcement officer's injury, subject to the following conditions: (i) the benefit shall not be payable until after the thirtieth (30th) day of the law enforcement officer's disability; and (ii) the benefit shall be payable for the period of time the law enforcement officer is physically unable to perform the duties of his or her employment, not to exceed twelve (12) months.
(b) The payment made in this subsection is in addition to any workers' compensation or pension benefits, but shall be limited to the difference between the amount of the workers' compensation benefits and the amount of the law enforcement officer's regular base salary.
(c) Compensation shall not be awarded under this subsection when a penal violation committed by the disabled law enforcement officer caused the disability.
(3) (a) In addition to any other fees or costs now or as may hereafter be provided by law, there is hereby charged in all civil cases in the chancery, circuit, county, justice and municipal courts of this state a law enforcement disability cost in the amount of One Dollar ($1.00), except in justice court cases where the amount sued for is less than Fifteen Dollars ($15.00). Such cost shall be collected by the clerk or judicial officer from the party bringing the civil action at the time of filing and taxed as costs.
(b) It shall be the duty of the clerk of any court to promptly collect the costs imposed pursuant to the provisions of subsection (1) of this section. In all cases, the clerk shall deposit monthly all such costs so collected with the State Treasurer either directly or by other appropriate procedures. All such deposits shall be clearly marked for the Law Enforcement Officers Disability Benefits Trust Fund.
Upon receipt of such deposits, the State Treasurer shall credit any amounts so deposited to the Law Enforcement Officers Disability Benefits Trust Fund created pursuant to subsection (3) of this section. The State Treasurer shall invest the monies of the trust fund in any of the investments authorized for the funds of the Public Employees' Retirement System under Section 25-11-121, and those investments shall be subject to the limitations prescribed by Section 25-11-121.
Unexpended amounts remaining in the trust fund at the end of the state fiscal year shall not lapse into the State General Fund, and any income earned on amounts in the trust fund shall be deposited to the credit of the trust fund.
(c) Assessments collected under this section shall be deposited in a special fund created by the State Treasury and designated the "Law Enforcement Officers Disability Benefits Trust Fund." Monies deposited in the fund shall be expended by the Department of Public Safety as authorized.
(d) The Department of Public Safety shall be responsible for the management of the trust fund and the disbursement of disability benefits authorized under this section. The Department of Public Safety shall adopt rules and regulations necessary to implement and standardize the payment of disability benefits under this section, to administer the trust fund created by this section and to carry out the purposes of this section.
(4) The Department of Public Safety shall not make benefit payments from the trust fund created under this section until January 1, 2007.
SECTION 2. Section 99-19-73, Mississippi Code of 1972, is amended as follows:
99-19-73. (1) Traffic Violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation in Title 63, Mississippi Code of 1972, except offenses relating to the Mississippi Implied Consent Law (Section 63-11-1 et seq.) and offenses relating to vehicular parking or registration:
FUND AMOUNT
State Court Education Fund......................... $ 1.50
State Prosecutor Education Fund.................... 1.00
Driver Training Penalty Assessment Fund............ 7.00
Law Enforcement Officers Training Fund............. 5.00
Spinal Cord and Head Injury Trust Fund
(for all moving violations)................... 4.00
Emergency Medical Services Operating Fund.......... 10.00
Mississippi Leadership Council on Aging Fund....... 1.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.00
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 10.00
Law Enforcement Officers Disability Benefit
Trust Fund.................................... 1.00
TOTAL STATE ASSESSMENT............................. $ 52.00
(2) Implied Consent Law Violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or any other penalty for any violation of the Mississippi Implied Consent Law (Section 63-11-1 et seq.):
FUND AMOUNT
Crime Victims' Compensation Fund................... $ 10.00
State Court Education Fund......................... 1.50
State Prosecutor Education Fund.................... 1.00
Driver Training Penalty Assessment Fund............ 22.00
Law Enforcement Officers Training Fund............. 11.00
Emergency Medical Services Operating Fund.......... 10.00
Mississippi Alcohol Safety Education Program Fund.. 5.00
Federal-State Alcohol Program Fund................. 10.00
Mississippi Crime Laboratory
Implied Consent Law Fund...................... 25.00
Spinal Cord and Head Injury Trust Fund............. 25.00
Capital Defense Counsel Special Fund............... 1.00
State General Fund................................. 35.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.00
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 10.00
Law Enforcement Officers Disability Benefits
Trust Fund.................................... 1.00
TOTAL STATE ASSESSMENT............................. $179.00
(3) Game and Fish Law Violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of the game and fish statutes or regulations of this state:
FUND AMOUNT
State Court Education Fund......................... $ 1.50
State Prosecutor Education Fund.................... 1.00
Law Enforcement Officers Training Fund............. 5.00
Hunter Education and Training Program Fund......... 5.00
State General Fund................................. 30.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.00
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 10.00
Law Enforcement Officers Disability Benefits
Trust Fund.................................... 1.00
TOTAL STATE ASSESSMENT............................. $ 65.00
(4) Litter Law Violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of Section 97-15-29 or 97-15-30:
FUND......................................................... .................................................................. ......................................................... AMOUNT
Statewide Litter Prevention Fund................... $ 25.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.00
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 10.00
Law Enforcement Officers Disability Benefits
Trust Fund.................................... 1.00
TOTAL STATE ASSESSMENT............................. $ 47.00
(5) Other Misdemeanors. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any misdemeanor violation not specified in subsection (1), (2) or (3) of this section, except offenses relating to vehicular parking or registration:
FUND AMOUNT
Crime Victims' Compensation Fund................... $ 10.00
State Court Education Fund......................... 1.50
State Prosecutor Education Fund.................... 1.00
Law Enforcement Officers Training Fund............. 5.00
Capital Defense Counsel Special Fund............... 1.00
State General Fund................................. 30.00
State Crime Stoppers Fund.......................... 1.50
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.00
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 8.00
Judicial Performance Fund.......................... 2.00
Law Enforcement Officers Disability Benefits
Trust Fund.................................... 1.00
TOTAL STATE ASSESSMENT............................. $ 72.50
(6) Other Felonies. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any felony violation not specified in subsection (1), (2) or (3) of this section:
FUND AMOUNT
Crime Victims' Compensation Fund................... $ 10.00
State Court Education Fund......................... 1.50
State Prosecutor Education Fund.................... 1.00
Law Enforcement Officers Training Fund............. 5.00
Capital Defense Counsel Special Fund............... 1.00
State General Fund................................. 60.00
Criminal Justice Fund.............................. 50.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.00
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 10.00
Law Enforcement Officers Disability Benefits
Trust Fund.................................... 1.00
TOTAL STATE ASSESSMENT............................. $151.00
(7) If a fine or other penalty imposed is suspended, in whole or in part, such suspension shall not affect the state assessment under this section. No state assessment imposed under the provisions of this section may be suspended or reduced by the court.
(8) After a determination by the court of the amount due, it shall be the duty of the clerk of the court to promptly collect all state assessments imposed under the provisions of this section. The state assessments imposed under the provisions of this section may not be paid by personal check. It shall be the duty of the chancery clerk of each county to deposit all such state assessments collected in the circuit, county and justice courts in such county on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The chancery clerk shall make a monthly lump-sum deposit of the total state assessments collected in the circuit, county and justice courts in such county under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the circuit, county and justice courts in such county during such month. It shall be the duty of the municipal clerk of each municipality to deposit all such state assessments collected in the municipal court in such municipality on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The municipal clerk shall make a monthly lump-sum deposit of the total state assessments collected in the municipal court in such municipality under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the municipal court in such municipality during such month.
(9) It shall be the duty of the Department of Finance and Administration to deposit on a monthly basis all such state assessments into the proper special fund in the State Treasury. The monthly deposit shall be based upon the number of violations reported under each subsection and the pro rata amount of such assessment due to the appropriate special fund. The Department of Finance and Administration shall issue regulations providing for the proper allocation of these special funds.
(10) The State Auditor shall establish by regulation procedures for refunds of state assessments, including refunds associated with assessments imposed before July 1, 1990, and refunds after appeals in which the defendant's conviction is reversed. The Auditor shall provide in such regulations for certification of eligibility for refunds and may require the defendant seeking a refund to submit a verified copy of a court order or abstract by which such defendant is entitled to a refund. All refunds of state assessments shall be made in accordance with the procedures established by the Auditor.
SECTION 3. This act shall take effect and be in force from and after July 1, 2005.