MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Appropriations
By: Representative Foster
AN ACT TO CREATE THE MISSISSIPPI LAW ENFORCEMENT OFFICERS TRAINING ACADEMY TUITION AND IMPROVEMENT FUND; TO PROVIDE THAT MONIES IN THE FUND SHALL BE USED TO DEFRAY TUITION EXPENSES OF IN-STATE LAW ENFORCEMENT OFFICERS IN ATTENDANCE AT THE MISSISSIPPI LAW ENFORCEMENT OFFICERS TRAINING ACADEMY, TO PAY FOR OPERATION AND ADMINISTRATIVE EXPENSES OF THE ACADEMY, AND TO PAY FOR IMPROVEMENTS MADE TO THE ACADEMY; TO AMEND SECTION 45-5-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO TUITION WILL BE CHARGED TO IN-STATE LAW ENFORCEMENT OFFICERS TO ATTEND THE MISSISSIPPI LAW ENFORCEMENT OFFICERS TRAINING ACADEMY AND TO REQUIRE THE COMMISSIONER OF PUBLIC SAFETY TO REIMBURSE POLITICAL SUBDIVISIONS FOR THE LIVING AND TRAVEL EXPENSES OF OFFICERS ATTENDING THE ACADEMY; TO AMEND SECTION 45-6-13, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BOARD ON LAW ENFORCEMENT OFFICER STANDARDS AND TRAINING SHALL NO LONGER REIMBURSE POLITICAL SUBDIVISIONS FOR THE TUITION AND EXPENSES OF LAW ENFORCEMENT OFFICERS IN ATTENDANCE AT THE MISSISSIPPI LAW ENFORCEMENT OFFICERS TRAINING ACADEMY; TO AMEND SECTION 99-19-73, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR AN ASSESSMENT FOR DEPOSIT INTO THE MISSISSIPPI LAW ENFORCEMENT OFFICERS TRAINING ACADEMY TUITION AND IMPROVEMENT FUND; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) (a) There is hereby created in the State Treasury a special fund to be designated as the "Mississippi Law Enforcement Officers Training Academy Tuition and Improvement Fund" which shall consist of any assessments as are collected and specified for deposit into such fund under Section 99-19-73, and any monies appropriated by the Legislature. Unexpended amounts remaining in the special fund at the end of a fiscal year shall not lapse into the General Fund, and any interest earned on amounts in the special fund shall be deposited to the credit of the special fund.
(b) Monies in the special fund shall be expended by the Commissioner of Public Safety solely to pay for:
(i) Tuition, living and travel expenses for law enforcement officers, as defined in Section 45-6-3, for attending the Mississippi Law Enforcement Officers Training Academy in accordance with Section 45-5-11;
(ii) Administrative and operational expenses of the Mississippi Law Enforcement Officers Training Academy; and
(iii) Costs associated with improvements, repair, renovation, furnishing, equipping, additions to and expansion of any building and related facilities at the Mississippi Law Enforcement Officers Training Academy.
SECTION 2. Section 45-5-11, Mississippi Code of 1972, is amended as follows:
45-5-11. (1) The Legislature may appropriate funds to carry out the purposes of this chapter in whole or in part. The commissioner shall establish and charge reasonable tuition fees to be paid. Any municipality, county, district or other political subdivision or agency of the state is hereby authorized to pay the expenses, including tuition of any of its officers or officer-designees or officers-elect for attending the academy. All municipalities, counties, districts, other political subdivisions and agencies of the state shall comply with subsection (4) of Section 45-6-13 in the event that an officer leaves one governmental entity and becomes employed by another governmental entity within three (3) years. Grants and donations to the academy may be accepted from individuals, firms, corporations, foundations and other interested organizations and societies.
(2) From and after January 1, 2018, the commissioner shall not charge tuition fees to any in-state law enforcement officer, as defined in Section 45-6-3, for attending the Mississippi Law Enforcement Officers Training Academy; however, the commissioner shall reimburse the academy for such tuition expenses from the Mississippi Law Enforcement Officers Training Academy Tuition and Improvement Fund. The commissioner shall establish and charge reasonable tuition fees to be paid by any out-of-state law enforcement officer who attends training at the academy.
(3) From and after January 1, 2018, the commissioner shall reimburse to each political subdivision and state agency one hundred percent (100%) of the allowable living and travel expense incurred by in-state law enforcement officers, as defined in Section 45-6-3, in attendance at the Mississippi Law Enforcement Officers Training Academy, which shall be paid from the Mississippi Law Enforcement Officers Academy Training and Improvements Fund.
SECTION 3. Section 45-6-13, Mississippi Code of 1972, is amended as follows:
45-6-13. (1) The board shall establish, provide or maintain law enforcement training programs through such agencies and institutions as the board may deem appropriate.
(2) The board shall authorize, but only from such funds authorized and appropriated by the Legislature, the reimbursement to each political subdivision and to state agencies of at least fifty percent (50%) of the allowable salary and allowable tuition, living and travel expense incurred by law enforcement officers in attendance at approved training programs, provided said political subdivisions and state agencies do in fact adhere to the selection and training standards established by the board. The board shall authorize, but only from such funds authorized and appropriated by the Legislature, the direct funding of a part-time law enforcement officer training program. The board shall require the payment of a reasonable tuition fee to aid in funding the costs of administering the part-time law enforcement officer training program. From and after January 1, 2018, the board shall not reimburse political subdivisions and state agencies for tuition, living and travel expenses incurred by in-state law enforcement officers in attendance at the Mississippi Law Enforcement Officers Training Academy; however, such entities shall be reimbursed in accordance with Section 45-5-11.
(3) The board is authorized to expend funds for the purpose of providing a professional library and training aids that will be available to state agencies and political subdivisions.
(4) If any full- or part-time law enforcement officer in this state who is employed by a municipality, county or other governmental entity shall, within three (3) years after the date of his employment, resign from, or be terminated from, employment by such entity and immediately become employed by another governmental entity in a law enforcement capacity, then the governmental entity by which the resigned or terminated officer is employed shall reimburse the governmental entity from which the officer resigned or was terminated a proportionate share of the officer's law enforcement training expenses which were incurred by such entity, if any.
(5) The Mississippi Board on Law Enforcement Officers Standards and Training shall reimburse each county for the expenses incurred by sheriffs and deputy sheriffs for attendance at approved training programs as provided in Section 25-3-25.
SECTION 4. 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............................ [Deleted]
State Prosecutor Education Fund....................... [Deleted]
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund......... [Deleted]
Child Support Prosecution Trust Fund.................. [Deleted]
Driver Training Penalty Assessment Fund............... [Deleted]
Law Enforcement Officers Training Fund................ [Deleted]
Spinal Cord and Head Injury Trust Fund
(for all moving violations)...................... [Deleted]
Emergency Medical Services Operating Fund............. [Deleted]
Mississippi Leadership Council on Aging Fund.......... [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund........................ [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants.... [Deleted]
Crisis Intervention Mental Health Fund................ [Deleted]
Drug Court Fund....................................... [Deleted]
Judicial Performance Fund............................. [Deleted]
Capital Defense Counsel Fund.......................... [Deleted]
Indigent Appeals Fund................................. [Deleted]
Capital Post-Conviction Counsel Fund.................. [Deleted]
Victims of Domestic Violence Fund..................... [Deleted]
Public Defenders Education Fund....................... [Deleted]
Domestic Violence Training Fund....................... [Deleted]
Attorney General's Cyber Crime Unit................... [Deleted]
Children's Safe Center Fund........................... [Deleted]
DuBard School for Language Disorders Fund............. [Deleted]
Children's Advocacy Centers Fund...................... [Deleted]
Judicial System Operation Fund........................ [Deleted]
GENERAL FUND..................................... $ 90.50
MISSISSIPPI LAW ENFORCEMENT OFFICERS
TRAINING ACADEMY TUITION AND IMPROVEMENT FUND.... $ 10.00
(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...................... [Deleted]
State Court Education Fund............................ [Deleted]
State Prosecutor Education Fund....................... [Deleted]
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund......... [Deleted]
Child Support Prosecution Trust Fund.................. [Deleted]
Driver Training Penalty Assessment Fund............... [Deleted]
Law Enforcement Officers Training Fund................ [Deleted]
Emergency Medical Services Operating Fund............. [Deleted]
Mississippi Alcohol Safety Education Program Fund..... [Deleted]
Federal-State Alcohol Program Fund.................... [Deleted]
Mississippi Forensics Laboratory
Implied Consent Law Fund......................... [Deleted]
Spinal Cord and Head Injury Trust Fund................ [Deleted]
Capital Defense Counsel Fund.......................... [Deleted]
Indigent Appeals Fund................................. [Deleted]
Capital Post-Conviction Counsel Fund.................. [Deleted]
Victims of Domestic Violence Fund..................... [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund........................ [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants.... [Deleted]
Crisis Intervention Mental Health Fund................ [Deleted]
Drug Court Fund....................................... [Deleted]
Statewide Victims' Information and
Notification System Fund......................... [Deleted]
Public Defenders Education Fund....................... [Deleted]
Domestic Violence Training Fund....................... [Deleted]
Attorney General's Cyber Crime Unit................... [Deleted]
GENERAL FUND..................................... $ 243.50
MISSISSIPPI LAW ENFORCEMENT OFFICERS
TRAINING ACADEMY TUITION AND IMPROVEMENT FUND.... $ 10.00
(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............................ [Deleted]
State Prosecutor Education Fund....................... [Deleted]
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund......... [Deleted]
Law Enforcement Officers Training Fund................ [Deleted]
Hunter Education and Training Program Fund............ [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund........................ [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for district
attorneys and their legal assistants............. [Deleted]
Crisis Intervention Mental Health Fund................ [Deleted]
Drug Court Fund....................................... [Deleted]
Capital Defense Counsel Fund.......................... [Deleted]
Indigent Appeals Fund................................. [Deleted]
Capital Post-Conviction Counsel Fund.................. [Deleted]
Victims of Domestic Violence Fund..................... [Deleted]
Public Defenders Education Fund....................... [Deleted]
Domestic Violence Training Fund....................... [Deleted]
Attorney General's Cyber Crime Unit................... [Deleted]
GENERAL FUND..................................... $ 89.00
MISSISSIPPI LAW ENFORCEMENT OFFICERS
TRAINING ACADEMY TUITION AND IMPROVEMENT FUND.... $ 10.00
(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............................................... $ * * *20.00
(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................................................... $ * * *30.00
(c) At a speed that
exceeds the posted speed limit by thirty (30) miles per hour or more........................ $ * * *40.00
(d) In violation of
Section 63-3-1201, which is the offense of reckless driving................................... $ * * *20.00
(e) In violation of
Section 63-3-1213, which is the offense of careless driving................................... $ * * *20.00
* * * Ten Dollars ($10.00) of
all assessments collected under this subsection shall be deposited into the
Mississippi Law Enforcement Officers Training Academy Tuition And Improvement
Fund, and the remainder shall be deposited into the State General Fund.
(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...................... [Deleted]
State Court Education Fund............................ [Deleted]
State Prosecutor Education Fund....................... [Deleted]
Vulnerable Persons Training, Investigation
and Prosecution Trust Fund....................... [Deleted]
Child Support Prosecution Trust Fund.................. [Deleted]
Law Enforcement Officers Training Fund................ [Deleted]
Capital Defense Counsel Fund.......................... [Deleted]
Indigent Appeals Fund................................. [Deleted]
Capital Post-Conviction Counsel Fund.................. [Deleted]
Victims of Domestic Violence Fund..................... [Deleted]
State Crime Stoppers Fund............................. [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund........................ [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants.... [Deleted]
Crisis Intervention Mental Health Fund................ [Deleted]
Drug Court Fund....................................... [Deleted]
Judicial Performance Fund............................. [Deleted]
Statewide Victims' Information and
Notification System Fund......................... [Deleted]
Public Defenders Education Fund....................... [Deleted]
Domestic Violence Training Fund....................... [Deleted]
Attorney General's Cyber Crime Unit................... [Deleted]
Information Exchange Network Fund..................... [Deleted]
Motorcycle Officer Training Fund...................... [Deleted]
Civil Legal Assistance Fund........................... [Deleted]
Justice Court Collections Fund........................ [Deleted]
Municipal Court Collections Fund...................... [Deleted]
GENERAL FUND....................................... $121.75
MISSISSIPPI LAW ENFORCEMENT OFFICERS
TRAINING ACADEMY TUITION AND IMPROVEMENT FUND...... $ 10.00
(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...................... [Deleted]
State Court Education Fund............................ [Deleted]
State Prosecutor Education Fund....................... [Deleted]
Vulnerable Persons Training, Investigation
and Prosecution Trust Fund....................... [Deleted]
Child Support Prosecution Trust Fund.................. [Deleted]
Law Enforcement Officers Training Fund................ [Deleted]
Capital Defense Counsel Fund.......................... [Deleted]
Indigent Appeals Fund................................. [Deleted]
Capital Post-Conviction Counsel Fund.................. [Deleted]
Victims of Domestic Violence Fund..................... [Deleted]
Criminal Justice Fund................................. [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund........................ [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants.... [Deleted]
Crisis Intervention Mental Health Fund................ [Deleted]
Drug Court Fund....................................... [Deleted]
Statewide Victims' Information and
Notification System Fund......................... [Deleted]
Public Defenders Education Fund....................... [Deleted]
Domestic Violence Training Fund....................... [Deleted]
Attorney General's Cyber Crime Unit................... [Deleted]
Forensics Laboratory DNA Identification System Fund... [Deleted]
GENERAL FUND....................................... $280.50
MISSISSIPPI LAW ENFORCEMENT OFFICERS
TRAINING ACADEMY TUITION AND IMPROVEMENT FUND...... $ 10.00
(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) (a) 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.
(b) It shall be the duty of the chancery clerk of each county to deposit all state assessments collected in the circuit, county and justice courts in the 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 the 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 the county during that month.
(c) It shall be the duty of the municipal clerk of each municipality to deposit all the state assessments collected in the municipal court in the 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 the 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 the municipality during that month.
(11) It shall be the duty of the Department of Finance and Administration to deposit on a monthly basis all state assessments into the State General Fund or proper special fund in the State Treasury. The Department of Finance and Administration shall issue regulations providing for the proper allocation of these 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 the 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 the defendant is entitled to a refund. All refunds of state assessments shall be made in accordance with the procedures established by the Auditor.
SECTION 5. This act shall take effect and be in force from and after July 1, 2017.