MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Insurance; Appropriations
By: Representatives Turner, Arnold
AN ACT TO AMEND SECTION 25-1-87, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE USE OF UNMARKED VEHICLES BY THE DEPARTMENT OF FINANCE AND ADMINISTRATION AND THE COMMISSIONER OF INSURANCE IN INSTANCES WHERE IDENTIFYING MARKS WILL HINDER OFFICIAL INVESTIGATIONS; 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 Finance and Administration for use by the Capitol Police, 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 Commissioner of Public Safety, 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 Director of the Bureau of Narcotics, the
Executive Officer of the Board of Pharmacy, the Executive Director of the
Mississippi Gaming Commission, the State Auditor, * * * a president or chancellor of a state
institution of higher learning, the Executive Director of the Department of
Finance and Administration or the Commissioner of Insurance, 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.
Up to three (3) motor vehicles owned or leased by the Department of Human Services for use only by the Program Integrity Division and the executive director shall not be subject to the provisions of this section.
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, 2014.