MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Appropriations
By: Representative Frierson
AN ACT TO AMEND SECTIONS 9-11-35, 9-19-31, 9-21-43, 9-23-51, 21-23-23, 37-25-17, 37-26-11, 37-119-11, 41-21-151, 41-29-189, 41-59-61, 41-59-75, 43-19-61, 43-47-39, 45-1-29, 45-1-45, 45-2-1, 45-2-21, 45-6-21, 63-11-33, 77-9-250, 93-21-31, 93-21-117, 93-21-305, 99-18-17, 99-19-32, 99-39-117, 99-40-1, 99-41-29 AND 99-45-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT EXPENDITURES FROM ANY SPECIAL FUND IN THE STATE TREASURY INTO WHICH STATE ASSESSMENTS ARE DEPOSITED MUST BE APPROPRIATED BY THE LEGISLATURE; TO BRING FORWARD SECTION 99-19-73, MISSISSIPPI CODE OF 1972, FOR THE PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-11-35, Mississippi Code of 1972, is amended as follows:
9-11-35. (1) There is
created in the State Treasury a special fund to be known as the Justice Court
Collections Fund, which shall be administered by the Department of Revenue.
The purpose of the fund shall be to provide support for salaries of justice
court personnel, for the purchase, operation and maintenance of software and
equipment, for facility planning and improvement, and for other expenses
incurred for the purpose of collecting fines and assessments within the justice
court system. Monies in the fund shall be expended by the Department of
Revenue, upon appropriation by the Legislature. The fund * * * shall consist of:
(a) Monies appropriated by the Legislature for the purposes of funding the Justice Court Collections Program;
(b) The interest accruing to the fund;
(c) Monies received under the provisions of Section 99-19-73;
(d) Monies received from the federal government;
(e) Donations; and
(f) Monies received from such other sources as may be provided by law.
(2) The Department of Revenue shall promulgate rules and procedures relating to the administration of the special fund and the disbursement of monies in the fund to participating counties. The Department of Revenue shall promulgate rules and procedures to insure that the justice court system of a participating county practices proper and effective collection procedures for the collection of fines and other assessments. The county may use monies from the fund to defray the costs associated with collection actions under Section 19-3-41(4) for collection of delinquent fines and other assessments. The county shall participate in collection actions under Section 19-3-41(2) for collection of delinquent fines and other assessments in order to qualify for monies from the fund. The maximum amount that a county may receive from the special fund shall be an amount equal to the deposits made into the fund by that county, less five percent (5%) to be retained by the Department of Revenue to defray the costs of administering the special fund. Interest earned on the special fund and any additional monies deposited into the fund shall remain in the fund and not lapse into the State General Fund at the end of a fiscal year, and shall be used for the benefit of the Department of Revenue, at the discretion of the Commissioner of Revenue.
SECTION 2. Section 9-19-31, Mississippi Code of 1972, is amended as follows:
9-19-31. There is created
in the State Treasury a special interest-bearing fund to be known as the
Judicial Performance Fund. The purpose of the fund shall be to provide
supplemental funding to the Commission on Judicial Performance. Monies * * * in
the fund shall be expended by the Commission on Judicial Performance,
upon appropriation by the Legislature.
The fund * * * shall consist of: (a) monies appropriated by the
Legislature for the purpose of funding the Commission on Judicial Performance;
(b) the interest accruing to the fund; (c) monies received under the provisions
of Section 99-19-73; (d) monies received from the federal government; and (e)
monies received from such other sources as may be provided by law. Money
remaining in the fund at the end of a fiscal year shall not lapse into the
State General Fund.
SECTION 3. Section 9-21-43, Mississippi Code of 1972, is amended as follows:
9-21-43. (1) There is * * * created in the State Treasury a special
fund designated as the Civil Legal Assistance Fund. The funds shall be
administered by the Supreme Court through the Administrative Office of Courts.
The Administrative Office of Courts may also accept monies from any public or
private source for deposit into the fund. Monies in the fund shall be
expended by the Administrative Office of Courts, upon appropriation by the
Legislature. Money remaining in the fund at the end of a fiscal year shall
not lapse into the State General Fund, and any interest earned from the
investment of monies in the fund shall be deposited to the credit of the * * * fund.
(2) All monies shall be allocated to only those organizations providing legal services to low income Mississippians. Furthermore, no monies from this fund shall be expended to provide legal services in matters currently prohibited by the Legal Services Corporation, Washington, D.C., and no funds shall be expended on persons who are not financially eligible to receive legal services as directed by the Legal Services Corporation, Washington, D.C.
(3) The monies appropriated shall be distributed to eligible legal services programs based on the percentage of poverty population within the program service area, consistent with the formula used by the Legal Services Corporation.
(4) Monies appropriated to the fund may be used to promote increased participation by the private bar in the delivery of legal services to the indigent through the Mississippi Volunteer Lawyers Project.
(5) Recipients of funds shall have the following duties:
(a) To develop, operate and administer programs within their respective service areas that provide free legal services to indigent clients involved in civil matters;
(b) To report annually to the Supreme Court, through the Administrative Office of Courts, on its activities, including providing a copy of its annual audit that accounts for the use of the funds; and
(c) To refund annually all unused or uncommitted funds.
SECTION 4. Section 9-23-51, Mississippi Code of 1972, is amended as follows:
9-23-51. There is created
in the State Treasury a special interest-bearing fund to be known as the Drug
Court Fund. The purpose of the fund shall be to provide supplemental funding
to all drug courts in the state. Monies * * *
in the fund shall be * * * expended
by the Administrative Office of Courts, upon appropriation by the
Legislature, pursuant to procedures set by the State Drug Courts Advisory
Committee to assist both juvenile drug courts and adult drug courts. * * *
The fund * * * shall consist of: (a) monies appropriated by the
Legislature for the purposes of funding drug courts; (b) the interest accruing
to the fund; (c) monies received under the provisions of Section 99-19-73; (d)
monies received from the federal government; and (e) monies received from such
other sources as may be provided by law. Money remaining in the fund at the
end of a fiscal year shall not lapse into the State General Fund.
SECTION 5. Section 21-23-23, Mississippi Code of 1972, is amended as follows:
21-23-23. (1) There is
created in the State Treasury a special fund to be known as the Municipal Court
Collections Fund, which shall be administered by the Department of Revenue.
The purpose of the fund shall be to provide support for salaries of municipal
court personnel, for the purchase, operation and maintenance of software and
equipment, for facility planning and improvement, and for other expenses
incurred for the purpose of collecting fines and assessments within the
municipal court system. Monies in the fund shall be expended by the Department
of Revenue, upon appropriation by the Legislature. The fund * * * shall consist of:
(a) Monies appropriated by the Legislature for the purposes of funding the Municipal Court Collections Program;
(b) The interest accruing to the fund;
(c) Monies received under the provisions of Section 99-19-73;
(d) Monies received from the federal government;
(e) Donations; and
(f) Monies received from such other sources as may be provided by law.
(2) The Department of Revenue shall promulgate rules and procedures relating to the administration of the special fund and the disbursement of monies in the fund to participating municipalities. The Department of Revenue shall promulgate rules and procedures to insure that the municipal court system of a participating municipality practices proper and effective collection procedures for the collection of fines and other assessments. If a municipality uses its own employees to collect delinquent fines and other assessments owed to the municipality, then it may use monies from the fund to defray the costs associated with these collection actions. In addition, the governing authority of a participating municipality shall contract with a private attorney or private collection agent or agency to collect delinquent criminal fines and other assessments as provided in Section 21-17-1(6) in order to qualify for monies from the fund. The maximum amount that a municipality may receive from the special fund shall be an amount equal to the deposits made into the fund by that municipality, less five percent (5%) to be retained by the Department of Revenue to defray the costs of administering the special fund. Interest earned on the special fund and any additional monies deposited into the fund shall remain in the fund and not lapse into the State General Fund at the end of a fiscal year, and shall be used for the benefit of the Department of Revenue, at the discretion of the Commissioner of Revenue. Notwithstanding the preceding provision, the Department of Revenue is authorized to award excess monies in the Municipal Court Collections Fund as a grant to participating municipalities so long as the use of those funds are consistent with the purpose of the Municipal Court Collections Program.
SECTION 6. Section 37-25-17, Mississippi Code of 1972, is amended as follows:
37-25-17. Such assessments
as are collected under subsections (1) and (2) of Section 99-19-73 shall be
deposited in the Driver Training Penalty Assessment Fund, which fund is * * * created in the State Treasury, to
be used exclusively as provided in this chapter. Monies in the fund shall
be expended upon appropriation by the Legislature. Money remaining in the fund
at the end of a fiscal year shall not lapse into the State General Fund, and
any interest earned from the investment of monies in the fund shall be
deposited to the credit of the fund.
SECTION 7. Section 37-26-11, Mississippi Code of 1972, is amended as follows:
37-26-11. There is created
in the State Treasury a special fund to be known as the Children's Advocacy
Centers Fund, which shall be administered by the Office of the Attorney
General. The purpose of the fund shall be for training forensic interviewers
in child abuse and child sexual abuse cases, training law enforcement officers
and prosecutors about child abuse cases, expanding the number of Children's
Advocacy Centers of Mississippi to underserved areas, and other related
purposes. Monies in the fund shall be expended by the Attorney General, upon
appropriation by the Legislature. The fund * * * shall consist of:
(a) Monies appropriated by the Legislature for the purposes of funding the Children's Advocacy Centers of Mississippi;
(b) The interest accruing to the fund;
(c) Monies received under the provisions of Section 99-19-73;
(d) Monies received from the federal government;
(e) Donations; and
(f) Monies received from such other sources as may be provided by law.
Money remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund.
SECTION 8. Section 37-119-11, Mississippi Code of 1972, is amended as follows:
37-119-11. There is created
in the State Treasury a special fund to be known as the DuBard School for
Language Disorders Fund, which shall be administered by the Board of Trustees
of State Institutions of Higher Learning. The purpose of the fund shall be to
support the DuBard School for Language Disorders at the University of Southern
Mississippi. Monies in the fund shall be expended by the board of trustees,
upon appropriation by the Legislature. The fund * * * shall consist of:
(a) Monies appropriated by the Legislature for the purposes of funding the DuBard School for Language Disorders;
(b) The interest accruing to the fund;
(c) Monies received under the provisions of Section 99-19-73;
(d) Monies received from the federal government;
(e) Donations; and
(f) Monies received from such other sources as may be provided by law.
Money remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund.
SECTION 9. Section 41-21-151, Mississippi Code of 1972, is amended as follows:
41-21-151. There is created
in the State Treasury a special interest-bearing fund to be known as the Crisis
Intervention Mental Health Fund. The purpose of the fund shall be to provide
funding for the seven (7) mental health crisis centers in the state and the
Special Treatment Facility located in Harrison County. Monies * * * in the fund * * *
shall be * * * expended
by the Department of Mental Health, upon appropriation by the Legislature.
The fund * * * shall consist of: (a) monies appropriated by the
Legislature for the purposes of funding mental health crisis centers and the
Special Treatment Facility; (b) the interest accruing to the fund; (c) monies
received under the provisions of Section 99-19-73; (d) monies received from the
federal government; and (e) monies received from such other sources as may be
provided by law.
Money remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund.
SECTION 10. Section 41-29-189, Mississippi Code of 1972, is amended as follows:
41-29-189. There is created
in the State Treasury a special fund to be known as the Drug Evidence
Disposition Fund. The purpose of the fund shall be to provide funding for
costs associated with the acquisition, storage, destruction or other
disposition of evidence related to offenses under the Uniform Controlled
Substances Act. Monies * * *from the funds derived from assessments under Section 99‑19‑73
in the fund shall be * * * expended
by the Mississippi Bureau of Narcotics, upon appropriation by the
Legislature. The fund * * * shall consist of:
(a) Monies appropriated by the Legislature;
(b) The interest accruing to the fund;
(c) Monies received under the provisions of Section 99-19-73;
(d) Monies received from the federal government;
(e) Donations; and
(f) Monies received from such other sources as may be provided by or allowable under law.
Money remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund.
SECTION 11. Section 41-59-61, Mississippi Code of 1972, is amended as follows:
41-59-61. (1) The
assessments that are collected under subsections (1) and (2) of Section 99-19-73
shall be deposited in a special fund that is created in the State Treasury to
be designated the "Emergency Medical Services Operating Fund." * * * Monies
in the Emergency Medical Services Operating Fund * * * shall be expended by the State Board
of Health, upon appropriation by the Legislature, for the purpose of
defraying costs of administration of the Emergency Medical Services Operating
Fund (EMSOF) and for redistribution of those funds to the counties,
municipalities and organized medical service districts (hereinafter referred to
as "governmental units") for the support of the Emergency Medical
Services programs. The State Board of Health, with the Emergency Medical
Services Advisory Council acting in an advisory capacity, shall administer the
disbursement to those governmental units of any funds appropriated to the board
from the Emergency Medical Services Operating Fund and the utilization of those
funds by the governmental units.
(2) Funds appropriated from the Emergency Medical Services Operating Fund to the State Board of Health shall be made available to all such governmental units to support the Emergency Medical Services programs therein, and those funds shall be distributed to each governmental unit based upon its general population relative to the total population of the state. Disbursement of those funds shall be made on an annual basis at the end of the fiscal year upon the request of each governmental unit. Funds distributed to those governmental units shall be used in addition to existing annual Emergency Medical Services budgets of the governmental units, and no such funds shall be used for the payment of any attorney's fees. The Director of the Emergency Medical Services program or his appointed designee is authorized to require financial reports from the governmental units utilizing these funds in order to provide satisfactory proof of the maintenance of the funding effort by the governmental units.
SECTION 12. Section 41-59-75, Mississippi Code of 1972, is amended as follows:
41-59-75. (1) The
Mississippi Trauma Care Systems Fund is established in the State Treasury.
Fifteen Dollars ($15.00) collected from each assessment of Twenty Dollars
($20.00) under subsection (1) of Section 99-19-73 and Thirty Dollars ($30.00)
collected from each assessment of Forty-five Dollars ($45.00) under subsection
(2) of Section 99-19-73, as provided in Section 41-59-61, and any other funds
made available for funding the trauma care system, shall be deposited into the
fund. Funds * * * in the Mississippi Trauma Care Systems Fund * * * shall be expended by the State Board
of Health * * * , upon appropriation by the Legislature, for
department administration and implementation of the comprehensive state trauma
care plan for distribution by the department to designated trauma care regions
for regional administration, for the department's trauma specific public
information and education plan, and to provide hospital and physician indigent
trauma care block grant funding to trauma centers designated by the
department. All designated trauma care hospitals are eligible to contract with
the department for these funds. Monies in the Mississippi Trauma Care
Systems Fund shall not lapse into the State General Fund at the end of the
fiscal year, and all interest and other earnings on the monies in the
Mississippi Trauma Care Systems Fund shall be deposited to the credit of the
fund.
(2) The Mississippi Trauma Care Escrow Fund is created as a special fund in the State Treasury. Whenever the amount in the Mississippi Trauma Care Systems Fund exceeds Twenty-five Million Dollars ($25,000,000.00) in any fiscal year, the State Fiscal Officer shall transfer the amount above Twenty-five Million Dollars ($25,000,000.00) to the Trauma Care Escrow Fund. Monies in the Trauma Care Escrow Fund shall not lapse into the State General Fund at the end of the fiscal year, and all interest and other earnings on the monies in the Trauma Care Escrow Fund shall be deposited to the credit of the Trauma Care Escrow Fund.
SECTION 13. Section 43-19-61, Mississippi Code of 1972, is amended as follows:
43-19-61. There is created in the State Treasury a special trust fund to be designated as the "Child Support Prosecution Trust Fund." The fund shall be used by the Office of the Attorney General, upon appropriation by the Legislature, for the prosecution of delinquent child support cases and may also be used to draw down the sixty-six percent (66%) federal reimbursement IV-D funds for support of the Legal Division of the Child Support Unit of the Mississippi Department of Human Services. Money remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned from the investment of monies in the fund shall be deposited to the credit of the fund.
SECTION 14. Section 43-47-39, Mississippi Code of 1972, is amended as follows:
43-47-39. (1) There is
created in the State Treasury a special fund to be known as the Vulnerable
Persons Training, Investigation and Prosecution Trust Fund. The purpose of the
fund shall be to provide funding for the Vulnerable Persons Unit in the Office
of the Attorney General to assist in the training of law enforcement officers,
judges, district attorneys, state agencies and investigators at the Department
of Human Services with regard to issues arising under the Vulnerable Persons
Act, and to provide funding for the Vulnerable Persons Unit in the Office of
the Attorney General to assist in the investigation and prosecution of
statewide offenders who abuse, neglect or exploit vulnerable persons. * * * Monies in the fund shall be expended by the Office
of the Attorney General, upon appropriation by the Legislature.
(2) Funding shall be provided by assessments collected from violations set out in Section 99-19-73. Money remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned from the investment of monies in the fund shall be deposited to the credit of the fund.
SECTION 15. Section 45-1-29, Mississippi Code of 1972, is amended as follows:
45-1-29. (1) The Mississippi Forensics Laboratory shall be funded separately from the Department of Public Safety. Any appropriated funds shall be maintained in an account separate from any funds of the Department of Public Safety and shall never be commingled with any funds of the department. However, nothing in this section shall be construed to prohibit the utilization of the combined resources of the Mississippi Forensics Laboratory, the Division of Support Services of the Department of Public Safety or the Mississippi Justice Information Center to efficiently carry out the mission of the Department of Public Safety.
(2) Grants and donations to the Forensics Laboratory may be accepted from individuals, the federal government, firms, corporations, foundations and other interested organizations and societies.
(3) The Commissioner of Public Safety shall establish and the Division of Support Services of the Department of Public Safety shall collect for services rendered proper fees commensurate with the services rendered by the Forensics Laboratory. Those fees shall be deposited into a special fund in the State Treasury to the credit of the Forensics Laboratory and expended, upon appropriation by the Legislature, in accordance with applicable rules and regulations of the Department of Finance and Administration. Those fees may be used for any authorized expenditure of the Forensics Laboratory except expenditures for salaries, wages and fringe benefits. Money remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned from the investment of monies in the fund shall be deposited to the credit of the fund.
(4) Upon every individual convicted of a felony, every individual who is nonadjudicated on a felony or misdemeanor case under Section 99-15-26, and every individual who participates in a pretrial intervention program established under Section 99-15-101 et seq., in a case where the Forensics Laboratory provided forensic science or laboratory services in connection with the case, the court shall impose and collect a separate laboratory analysis fee of Three Hundred Dollars ($300.00), in addition to any other assessments and costs imposed by statutory authority, unless the court finds that undue hardship would result by imposing the fee. All fees collected under this section shall be deposited into the special fund of the Forensics Laboratory created in subsection (3) of this section, and shall be expended upon appropriation by the Legislature.
SECTION 16. Section 45-1-45, Mississippi Code of 1972, is amended as follows:
45-1-45. (1) The Department of Public Safety shall implement an Internet-based data and information sharing network that will allow state and local law enforcement, court personnel, prosecutors and other agencies to exchange and view felony and misdemeanor information on current and former criminal offenders through a currently available, near real-time, updated hourly, nationwide jail database which represents fifty percent (50%) or more of all incarcerated persons in the country.
(2) There is created in the
State Treasury a special fund to be known as the Information Exchange Network
Fund. The purpose of the fund shall be to provide funding for the Web-based
information sharing network required by subsection (1) of this section. Monies * * *
in the fund shall be * * *
expended by the Department of Public Safety, upon appropriation by
the Legislature. The fund * * * shall consist of:
(a) Monies appropriated by the Legislature;
(b) The interest accruing to the fund;
(c) Monies received under the provisions of Section 99-19-73;
(d) Monies received from the federal government;
(e) Donations; and
(f) Monies received from such other sources as may be provided by law.
Money remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund.
SECTION 17. Section 45-2-1, Mississippi Code of 1972, is amended as follows:
45-2-1. (1) Whenever used in this section, the term:
(a) "Covered individual" means a law enforcement officer or firefighter, including volunteer firefighters, 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) "Firefighter" means an individual who is trained for the prevention and control of loss of life and property from fire or other emergencies, who is assigned to fire-fighting activity, and is required to respond to alarms and perform emergency actions at the location of a fire, hazardous materials or other emergency incident.
(d) "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) The Department of Public Safety shall make a payment, as provided in this section, in the amount of One Hundred Thousand Dollars ($100,000.00) when a covered individual, while engaged in the performance of the person's official duties, is accidentally or intentionally killed or receives accidental or intentional bodily injury that results in the loss of the covered individual's life, provided that the killing is not the result of suicide and that the bodily injury is not intentionally self-inflicted.
(b) The payment provided for in this subsection shall be made to the beneficiary who was designated in writing by the covered individual, signed by the covered individual and delivered to the employer during the covered individual's lifetime. If no such designation is made, then the payment shall be made to the surviving child or children and spouse in equal portions, and if there is no surviving child or spouse, then to the parent or parents. If a beneficiary is not designated and there is no surviving child, spouse or parent, then the payment shall be made to the covered individual's estate.
(c) The payment made in this subsection is in addition to any workers' compensation or pension benefits and is exempt from the claims and demands of creditors of the covered individual.
(3) (a) There is established in the State Treasury a special fund to be known as the Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund. The trust fund shall be funded by an initial appropriation of Two Hundred Thousand Dollars ($200,000.00), and shall be comprised of any additional funds made available by the Legislature or by donation, contribution, gift or any other source.
(b) 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.
(c) 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.
(4) Monies in the trust fund shall be expended by the Department of Public Safety, upon appropriation by the Legislature. The Department of Public Safety shall be responsible for the management of the trust fund and the disbursement of death benefits authorized under this section. The Department of Public Safety shall adopt rules and regulations necessary to implement and standardize the payment of death benefits under this section, to administer the trust fund created by this section and to carry out the purposes of this section.
SECTION 18. Section 45-2-21, Mississippi Code of 1972, is amended as follows:
45-2-21. (1) Whenever used in this section, the term:
(a) "Covered individual" means a law enforcement officer or firefighter, including volunteer firefighters, as defined in this section while actively engaged in protecting the lives and property of the citizens of this state 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) "Firefighter" means an individual who is trained for the prevention and control of loss of life and property from fire or other emergencies, who is assigned to fire-fighting activity, and is required to respond to alarms and perform emergency actions at the location of a fire, hazardous materials or other emergency incident.
(d) "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.
(2) (a) The Attorney General's office shall make a monthly disability benefit payment equal to thirty-four percent (34%) of the covered individual's regular base salary at the time of injury when a covered individual, while engaged in the performance of the individual's official duties, is accidentally or intentionally injured in the line of duty as a direct result of a single incident. The benefit shall be payable for the period of time the covered individual is physically unable to perform the duties of the covered individual's employment, not to exceed twelve (12) total payments for any one (1) injury. Chronic or repetitive injury is not covered. Benefits made available under this section shall be in addition to any workers' compensation benefits and shall be limited to the difference between the amount of workers' compensation benefits and the amount of the covered individual's regular base salary. Compensation under this section shall not be awarded where a penal violation committed by the covered individual contributed to the disability or the injury was intentionally self-inflicted.
(b) Payments made under this subsection are exempt from the claims and demands of creditors of the covered individual.
(3) (a) There is established in the State Treasury a special fund to be known as the Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund. The trust fund shall be funded by any funds made available by the Legislature or by donation, contribution, gift or any other source.
(b) 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.
(c) 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.
(4) Monies in the trust fund shall be expended by the Attorney General's office, upon appropriation by the Legislature. The Attorney General's office shall be responsible for the management of the trust fund and the disbursement of disability benefits authorized under this section. The Attorney General 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. The Attorney General's office may expend up to ten percent (10%) of the monies in the trust fund for the administration and management of the trust fund and carrying out the purposes of this section.
SECTION 19. Section 45-6-21, Mississippi Code of 1972, is amended as follows:
45-6-21. There is created
in the State Treasury a special fund to be known as the Motorcycle Officers
Training Program Fund, which shall be administered by the Office of the Attorney
General. The purpose of the fund shall be to provide funding for the training
of state and local law enforcement officers, including, but not limited to,
motorcycle officers training. All courses provided under the Motorcycle
Officers Training Program shall be administered and approved by the Mississippi
Law Enforcement Officers Association. Monies in the fund shall be expended by
the Attorney General, upon appropriation by the Legislature. The fund * * * shall consist of:
(a) Monies appropriated by the Legislature for the purposes of funding the Motorcycle Officers Training Program;
(b) The interest accruing to the fund;
(c) Monies received under the provisions of Section 99-19-73;
(d) Monies received from the federal government;
(e) Donations; and
(f) Monies received from such other sources as may be provided by law.
Money remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund.
SECTION 20. Section 63-11-33, Mississippi Code of 1972, is amended as follows:
63-11-33. There is created
in the State Treasury a special fund to be known as the Interlock Device Fund.
The purpose of the fund shall be to provide funding for the Driver's License
Bureau of the Department of Public Safety and also to provide funding
assistance for ignition interlock devices for persons determined to be unable
to afford the installation and maintenance of an ignition interlock device.
Monies * * *
in the fund shall be * * * expended
by the Department of Public Safety, upon appropriation by the Legislature.
The fund * * *
shall consist of:
(a) Monies appropriated by the Legislature for the purposes of funding the Driver's License Bureau;
(b) The interest accruing to the fund;
(c) Monies paid by a person for deposit into the fund under Section 63-11-31; and
(d) Monies received from such other sources as may be provided by law.
Money remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund.
SECTION 21. Section 77-9-250, Mississippi Code of 1972, is amended as follows:
77-9-250. (1) There is created within the Department of Transportation the Operation Lifesaver Program. The purpose of the program is to increase safety of and prevent loss of life and property at railroad crossings by increasing compliance, on the part of the railroads and the public, with the provisions of Section 77-9-249.
(2) There is created in the
State Treasury a special fund to be known as the Operation Lifesaver Fund. The
purpose of the fund shall be to provide funding for the Operation Lifesaver
Program. Monies * * *
in the fund shall be * * *
expended by the Mississippi Department of Transportation, upon
appropriation by the Legislature. The fund * * * shall consist of:
(a) Monies appropriated by the Legislature for the purposes of funding Operation Lifesaver;
(b) The interest accruing to the fund;
(c) Monies received under the provisions of Section 99-19-73;
(d) Monies received from the federal government;
(e) Donations; and
(f) Monies received from such other sources as may be provided by or allowable under law.
Money remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund.
SECTION 22. Section 93-21-31, Mississippi Code of 1972, is amended as follows:
93-21-31. (1) There is * * * created in the State Treasury a special
fund designated as the Domestic Violence Training Fund. The fund shall be
administered by the Attorney General, and monies in the funds shall be
expended by the Attorney General, upon appropriation by the Legislature.
Money remaining in the fund at the end of a fiscal year shall not lapse into
the State General Fund and any interest earned from the investment of monies in
the fund shall be deposited to the credit of the fund. Monies appropriated to
the fund shall be used by the Attorney General for the general administration
and expenses of the Domestic Violence Division which provides training to law
enforcement, prosecutors, judges, court clerks and other professionals in the
field of domestic violence awareness, prevention and enforcement.
(2) The clerks of the various courts shall remit the proceeds generated by Chapter 434, Laws of 2009, to the Department of Finance and Administration as is done generally for other fees collected by the clerks.
SECTION 23. Section 93-21-117, Mississippi Code of 1972, is amended as follows:
93-21-117. (1) There is * * * created in the State Treasury a special
fund to be known as the "Victims of Domestic Violence Fund." The
fund * * *
shall consist of:
(a) Monies appropriated by the Legislature;
(b) The interest accruing to the fund;
(c) Monies received under the provisions of Section 99-19-73;
(d) Monies received from the federal government;
(e) Donations to the Victims of Domestic Violence Fund;
(f) Assessments collected pursuant to Section 83-39-31; and
(g) Monies received from such other sources as may be provided by law.
Money remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund.
(2) The circuit clerks of
the state shall deposit in the fund on a monthly basis the additional fee
charged and collected for marriage licenses under the provisions of Section 25-7-13 * * *.
(3) All other monies received by the state from every source for the support of the program for victims of domestic violence, established by Sections 93-21-101 through 93-21-113, shall be deposited in the "Victims of Domestic Violence Fund." The monies in the fund shall be used by the State Department of Health, upon appropriation by the Legislature, solely for funding and administering domestic violence shelters under the provisions of Sections 93-21-101 through 93-21-113, in such amounts as the Legislature may appropriate to the department for the program for victims of domestic violence established by Sections 93-21-101 through 93-21-113. Not more than ten percent (10%) of the monies in the "Victims of Domestic Violence Fund" shall be appropriated to the State Department of Health for the administration of domestic violence shelters.
(4) From and after July 1, 2014, the Office Against Interpersonal Violence is granted all powers and duties with respect to the management of funds in the Victims of Domestic Violence Fund. Any reference to the Department of Health in this article pertaining to the management of the Victims of Domestic Violence Fund means the Office Against Interpersonal Violence within the Department of Health. In addition to the ten percent (10%) set aside in subsection (3), from and after July 1, 2014, the OAIV is authorized to utilize no more than an additional five percent (5%) of the monies in the Victims of Domestic Violence Fund at its discretion for transition expenses and expense related to statewide projects of the OAIV.
(5) Nothing in this chapter shall be construed to limit the ability of a domestic violence shelter or other domestic violence program to solicit private donations or community support. Any funds raised by a shelter or program from private donations or community support are not subject to the provisions of this chapter.
SECTION 24. Section 93-21-305, Mississippi Code of 1972, is amended as follows:
93-21-305. (1) There is * * * established in the State Treasury a
special fund to be known as the "Mississippi Children's Trust Fund."
(2) The fund shall consist of any monies appropriated to the fund by the Legislature, any donations, gifts and grants from any source, receipts from the birth certificate fees as provided by subsection (2) of Section 41-57-11, and any other monies which may be received from any other source or which may be hereafter provided by law.
(3) Monies in the fund shall be used only for the purposes set forth in Sections 93-21-301 through 93-21-311. Interest earned on the investment of monies in the fund shall be returned and deposited to the credit of the fund. Monies remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund.
(4) Disbursements of money
from the fund shall be made, upon appropriation by the Legislature, on
the authorization of the Division of Family and Children's Services of the
State Department of * * * Human Services.
(5) The primary purpose of the fund is to encourage and provide financial assistance in the provision of direct services to prevent child abuse and neglect.
SECTION 25. Section 99-18-17, Mississippi Code of 1972, is amended as follows:
99-18-17. (1) If at any time during the representation of two (2) or more defendants, the State Defender determines that the interests of those persons are so adverse or hostile they cannot all be represented by the staff of the Capital Counsel Division without conflict of interest, or if the State Defender determines that the volume or number of representations shall so require, the State Defender, in his sole discretion, notwithstanding any statute or regulation to the contrary, shall be authorized to employ qualified private counsel. Fees and expenses approved by order of the court of original jurisdiction, including investigative and expert witness expenses of such private counsel, shall be paid by funds appropriated to the Capital Defense Counsel Fund for this purpose.
(2) There is created in the
State Treasury a special fund to be known as the Capital Defense Counsel Fund.
The purpose of the fund shall be to provide funding for the Capital Defense
Counsel Division. Monies * * *from the funds derived from assessments under Section 99‑19‑73
in the fund shall be * * *
expended by the State Defender, upon appropriation by the Legislature.
The fund * * *
shall consist of:
(a) Monies appropriated by the Legislature for the purposes of funding the Capital Defense Counsel Division;
(b) The interest accruing to the fund;
(c) Monies received under the provisions of Section 99-19-73;
(d) Monies received from the federal government;
(e) Donations; and
(f) Monies received from such other sources as may be provided by law.
Money remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund.
SECTION 26. Section 99-19-32, Mississippi Code of 1972, is amended as follows:
99-19-32. (1) Offenses punishable by imprisonment in the State Penitentiary for more than one (1) year and for which no fine is provided elsewhere by statute may be punishable by a fine not in excess of Ten Thousand Dollars ($10,000.00). Such fine, if imposed, may be in addition to imprisonment or any other punishment or penalty authorized by law.
(2) Such assessments as are
collected under subsection (5) of Section 99-19-73 shall be deposited in a
special fund * * *
that is created in the State Treasury to be designated the
"Criminal Justice Fund." * * * Monies
in the Criminal Justice Fund shall be expended, upon appropriation of
the Legislature, for the purpose of defraying such costs as the state
incurs in the administration of the criminal justice system of this state.
SECTION 27. Section 99-39-117, Mississippi Code of 1972, is amended as follows:
99-39-117. (1) If at any time during the representation of two (2) or more defendants, the director determines that the interest of those persons are so adverse or hostile that they cannot all be represented by the director or his staff without conflict of interest, or if the director shall determine that the volume or number of representations shall so require, the director, in his sole discretion, not withstanding any statute or regulation to the contrary, shall be authorized to employ qualified private counsel. Fees and expenses, approved by order of the appropriate court, including investigative and expert witness expenses of such private counsel shall be paid from funds appropriated to the Capital Post-Conviction Counsel Fund for this purpose.
(2) There is created in the
State Treasury a special fund to be known as the Capital Post-Conviction
Counsel Fund. The purpose of the fund shall be to provide funding for the
Office of Capital Post-Conviction Counsel. Monies * * *
in the fund shall be * * *
expended by the Mississippi Office of Capital Post-Conviction Counsel,
upon appropriation by the Legislature. The fund * * * shall consist of:
(a) Monies appropriated by the Legislature for the purposes of funding the Office of Capital Post-Conviction Counsel;
(b) The interest accruing to the fund;
(c) Monies received under the provisions of Section 99-19-73;
(d) Monies received from the federal government;
(e) Donations; and
(f) Monies received from such other sources as may be provided by law.
Money remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund.
SECTION 28. Section 99-40-1, Mississippi Code of 1972, is amended as follows:
99-40-1. (1) There is created the Indigent Appeals Division within the Office of the State Public Defender. This office shall consist of the Indigent Appeals Director who must be an attorney in good standing with The Mississippi Bar, and staffed by any necessary personnel as determined and hired by the State Defender. The Indigent Appeals Director shall be appointed by the State Defender. The remaining attorneys and other staff shall be appointed by the State Defender and shall serve at the will and pleasure of the State Defender. The Indigent Appeals Director and all other attorneys in the office shall either be active members of The Mississippi Bar, or, if a member in good standing of the bar of another jurisdiction, must apply to and secure admission to The Mississippi Bar within twelve (12) months of the commencement of the person's employment by the office. The attorneys in the office shall practice law exclusively for the office and shall not engage in any other practice. The office shall not engage in any litigation other than that related to the office. The salary for the Indigent Appeals Director shall be equivalent to the salary of district attorneys and the salary of the other attorneys in the office shall be equivalent to the salary of an assistant district attorney.
(2) The office shall provide representation on appeal for indigent persons convicted of felonies but not under sentences of death. Representation shall be provided by staff attorneys, or, in the case of conflict or excessive workload as determined by the State Defender, by attorneys selected, employed and compensated by the office on a contract basis. All fees charged by contract counsel and expenses incurred by attorneys in the office and contract counsel must be approved by the court. At the sole discretion of the State Defender, the office may also represent indigent juveniles adjudicated delinquent on appeals from a county court or chancery court to the Mississippi Supreme Court or the Mississippi Court of Appeals. The office shall provide advice, education and support to attorneys representing persons under felony charges in the trial courts.
(3) There is created in the
State Treasury a special fund to be known as the Indigent Appeals Fund. The
purpose of the fund shall be to provide funding for the Indigent Appeals
Division. Monies * * *
in the fund shall be * * *
expended by the State Defender, upon appropriation by the Legislature.
The fund * * *
shall consist of:
(a) Monies appropriated by the Legislature for the purposes of funding the Indigent Appeals Division;
(b) The interest accruing to the fund;
(c) Monies received under the provisions of Section 99-19-73;
(d) Monies received from the federal government;
(e) Donations; and
(f) Monies received from such other sources as may be provided by law.
Money remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund.
(4) (a) There is created in the Office of the State Public Defender the Public Defender Training Division. The division shall be staffed by any necessary personnel as determined and hired by the State Defender. The mission of the division shall be to work closely with the Mississippi Public Defenders Association to provide training and services to public defenders practicing in all state, county and municipal courts. These services shall include, but not be limited to, continuing legal education, case updates and legal research. The division shall provide (i) education and training for public defenders practicing in all state, county, municipal and youth courts; (ii) technical assistance for public defenders practicing in all state, county, municipal and youth courts; and (iii) current and accurate information for the Legislature pertaining to the needs of public defenders practicing in all state, county, municipal and youth courts.
(b) There is created
in the State Treasury a special fund to be known as the Public Defenders
Education Fund. The purpose of the fund shall be to provide funding for the
training of public defenders. Monies * * *
in the fund shall be * * * expended
by the State Defender, upon appropriation by the Legislature. The fund * * * shall consist of:
(i) Monies appropriated by the Legislature for the purposes of public defender training;
(ii) The interest accruing to the fund;
(iii) Monies received under the provisions of Section 99-19-73;
(iv) Monies received from the federal government;
(v) Donations; and
(vi) Monies received from such other sources as may be provided by law.
Money remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund.
SECTION 29. Section 99-41-29, Mississippi Code of 1972, is amended as follows:
99-41-29. (1) * * * There is * * * created in the State Treasury a special
interest-bearing fund to be known as the Crime Victims' Compensation Fund. The
monies contained in the fund shall be held in trust for the sole purpose of
payment of awards of compensation to victims and claimants pursuant to this
chapter, the payment of all necessary and proper expenses incurred by the
division in the administration of this chapter, payment of sexual assault
examinations pursuant to Section 99-37-25, payment of Address Confidentiality
Program administrative expenses pursuant to Section 99-47-1(7) and payment of
other expenses in furtherance of providing assistance to victims of crime
through information referrals, advocacy outreach programs and victim-related
services. Expenditures from the fund shall be * * *
made by the Attorney General or his duly designated representative,
upon appropriation by the Legislature, in the manner provided by law.
The fund * * * shall consist of: (a) monies appropriated by the
Legislature for the purposes of compensating the victims of crime and other
claimants under this chapter; (b) the interest accruing to the fund; (c) monies
recovered by the director under the provisions of Section 99-41-21; (d) monies
received from the federal government; and (e) monies received from such other
sources as may be provided by law. Money remaining in the fund at the end
of a fiscal year shall not lapse into the State General Fund.
(2) No compensation
payments shall be made which exceed the amount of money in the fund. The state
shall not be liable for a written order to pay compensation, except to the
extent that monies are available in the fund on the date the award is ordered.
The Attorney General shall establish such rules and regulations as shall be
necessary to adjust awards and payments so that the total amount awarded does
not exceed the amount of money on deposit in the fund. Such rules and
regulations may include, but shall not be limited to, the authority to provide
for suspension of payments and proportioned reduction of benefits to all
claimants; * * *
however, no such reductions as provided for shall entitle claimants to future
retroactive reimbursements in future years.
SECTION 30. Section 99-45-9, Mississippi Code of 1972, is amended as follows:
99-45-9. (1) The Department of Corrections shall administer the automated victim notification system. The cost of administering the system must be paid with appropriations made to the department and from federal grants and contracts.
(2) There is created in the
State Treasury a special fund to be known as the Statewide Victims' Information
and Notification System Fund. The purpose of the fund shall be to provide
funding for the Statewide Victims' Information and Notification System. Monies * * *
in the fund shall be * * *
expended by the Mississippi Department of Corrections, upon
appropriation by the Legislature. The fund * * * shall consist of:
(a) Monies appropriated by the Legislature for the purposes of funding the Statewide Victims' Information and Notification System;
(b) The interest accruing to the fund;
(c) Monies received under the provisions of Section 99-19-73;
(d) Monies received from the federal government;
(e) Donations; and
(f) Monies received from such other sources as may be provided by law.
Money remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund.
SECTION 31. Section 99-19-73, Mississippi Code of 1972, is brought forward 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.............................. $ .85
State Prosecutor Education Fund......................... 1.25
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund........... 1.50
Child Support Prosecution Trust Fund.................... .30
Driver Training Penalty Assessment Fund................. 3.82
Law Enforcement Officers Training Fund.................. 5.00
Spinal Cord and Head Injury Trust Fund
(for all moving violations)........................ 5.45
Emergency Medical Services Operating Fund............... 20.00
Mississippi Leadership Council on Aging Fund............ 1.00
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund.......................... .50
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund..................... .15
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants...... 10.00
Crisis Intervention Mental Health Fund.................. 10.00
Drug Court Fund, through June 30, 2016.................. 10.53
Drug Court Fund, from and after July 1, 2016............ 10.00
Judicial Performance Fund............................... .50
Capital Defense Counsel Fund,
through June 30, 2016.............................. 3.09
from and after July 1, 2016........................ 2.89
Indigent Appeals Fund................................... 2.29
Capital Post-Conviction Counsel Fund.................... 2.83
Victims of Domestic Violence Fund....................... .49
Public Defenders Education Fund......................... 1.00
Domestic Violence Training Fund......................... 1.00
Attorney General's Cyber Crime Unit..................... 2.50
Children's Safe Center Fund............................. 2.31
DuBard School for Language Disorders Fund............... .88
Children's Advocacy Centers Fund........................ 1.91
Judicial System Operation Fund,
through June 30, 2016.............................. 1.35
TOTAL STATE ASSESSMENT through June 30, 2016............ $ 90.50
TOTAL STATE ASSESSMENT
from and after July 1, 2016........................ $ 88.42
(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......................... 2.00
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund........... 1.50
Child Support Prosecution Trust Fund.................... .50
Driver Training Penalty Assessment Fund................. 22.00
Law Enforcement Officers Training Fund.................. 11.00
Emergency Medical Services Operating Fund............... 45.00
Mississippi Alcohol Safety Education Program Fund....... 5.00
Federal-State Alcohol Program Fund...................... 10.00
Mississippi Forensics Laboratory
Implied Consent Law Fund........................... 25.00
Spinal Cord and Head Injury Trust Fund.................. 25.00
Capital Defense Counsel Fund............................ 2.89
Indigent Appeals Fund................................... 2.29
Capital Post-Conviction Counsel Fund.................... 2.33
Victims of Domestic Violence Fund....................... .49
State General Fund...................................... 35.00
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund.......................... .50
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund..................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants...... 10.00
Crisis Intervention Mental Health Fund.................. 10.00
Drug Court Fund......................................... 10.00
Statewide Victims' Information and
Notification System Fund........................... 6.00
Public Defenders Education Fund......................... 1.00
Domestic Violence Training Fund......................... 1.00
Attorney General's Cyber Crime Unit..................... 2.50
TOTAL STATE ASSESSMENT.................................. $243.50
(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......................... 2.00
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund........... 1.50
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
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund..................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for district
attorneys and their legal assistants.............. 10.00
Crisis Intervention Mental Health Fund.................. 10.00
Drug Court Fund......................................... 10.00
Capital Defense Counsel Fund............................ 2.89
Indigent Appeals Fund................................... 2.29
Capital Post-Conviction Counsel Fund.................... 2.33
Victims of Domestic Violence Fund....................... .49
Public Defenders Education Fund......................... 1.00
Domestic Violence Training Fund......................... 1.00
Attorney General's Cyber Crime Unit..................... 2.50
TOTAL STATE ASSESSMENT.................................. $ 89.00
(4) [Deleted]
(5) Speeding, reckless and careless driving violations. In addition to any assessment imposed under subsection (1) or (2) of this section, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for driving a vehicle on a road or highway:
(a) At a speed that exceeds the posted speed limit by
at least ten (10) miles per hour but not more than twenty (20) miles per hour.................................................... $ 10.00
(b) At a speed that exceeds the posted speed limit by at least twenty (20) miles per hour but not more than thirty (30) miles per hour $ 20.00
(c) At a speed that exceeds the posted speed limit by thirty (30) miles per hour or more............................. $ 30.00
(d) In violation of Section 63-3-1201, which is the offense of reckless driving........................................ $ 10.00
(e) In violation of Section 63-3-1213, which is the offense of careless driving........................................ $ 10.00
All assessments collected under this subsection shall be deposited into the Mississippi Trauma Care Systems Fund established under Section 41-59-75.
(6) 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........................ $ 6.92
State Court Education Fund.............................. 1.50
State Prosecutor Education Fund......................... 2.00
Vulnerable Persons Training, Investigation
and Prosecution Trust Fund......................... 1.50
Child Support Prosecution Trust Fund.................... .50
Law Enforcement Officers Training Fund.................. 5.00
Capital Defense Counsel Fund............................ 2.89
Indigent Appeals Fund................................... 2.29
Capital Post-Conviction Counsel Fund.................... 2.33
Victims of Domestic Violence Fund....................... .49
State General Fund...................................... 30.00
State Crime Stoppers Fund............................... 1.50
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund.......................... .50
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund..................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants...... 10.00
Crisis Intervention Mental Health Fund.................. 10.00
Drug Court Fund......................................... 8.00
Judicial Performance Fund............................... 2.00
Statewide Victims' Information and
Notification System Fund........................... 6.00
Public Defenders Education Fund......................... 1.00
Domestic Violence Training Fund......................... 1.00
Attorney General's Cyber Crime Unit..................... 2.50
Information Exchange Network Fund....................... 4.00
Motorcycle Officer Training Fund........................ 1.06
Civil Legal Assistance Fund............................. 2.77
Justice Court Collections Fund.......................... 7.50
Municipal Court Collections Fund........................ 7.50
TOTAL STATE ASSESSMENT.................................. $121.75
(7) 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......................... 2.00
Vulnerable Persons Training, Investigation
and Prosecution Trust Fund......................... 1.50
Child Support Prosecution Trust Fund.................... .50
Law Enforcement Officers Training Fund.................. 5.00
Capital Defense Counsel Fund............................ 2.89
Indigent Appeals Fund................................... 2.29
Capital Post-Conviction Counsel Fund.................... 2.33
Victims of Domestic Violence Fund....................... .49
State General Fund...................................... 60.00
Criminal Justice Fund................................... 50.00
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund.......................... .50
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund..................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants...... 10.00
Crisis Intervention Mental Health Fund.................. 10.00
Drug Court Fund......................................... 10.00
Statewide Victims' Information and
Notification System Fund........................... 6.00
Public Defenders Education Fund......................... 1.00
Domestic Violence Training Fund......................... 1.00
Attorney General's Cyber Crime Unit..................... 2.50
Forensics Laboratory DNA Identification System Fund.... 100.00
TOTAL STATE ASSESSMENT.................................. $280.50
(8) Additional assessments on certain violations:
(a) Railroad crossing violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation involving railroad crossings under Section 37-41-55, 63-3-1007, 63-3-1009, 63-3-1011, 63-3-1013 or 77-9-249:
Operation Lifesaver Fund............................ $25.00
(b) Drug violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation of Section 41-29-139:
Drug Evidence Disposition Fund...................... $25.00
(9) 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.
(10) 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.
(11) 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.
(12) 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 32. This act shall take effect and be in force from and after July 1, 2016.