MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Appropriations

By: Senator(s) Fillingane

Senate Bill 2444

AN ACT TO AMEND SECTIONS 9-11-35 AND 21-23-23, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MISSISSIPPI DEPARTMENT OF REVENUE SHALL ADMINISTER THE JUSTICE COURT COLLECTIONS PAYMENT PROGRAM AND THE MUNICIPAL COURT COLLECTIONS PAYMENT PROGRAM; TO DELETE THE JUSTICE COURT COLLECTIONS SPECIAL FUND; TO DELETE THE MUNICIPAL COURT COLLECTIONS SPECIAL FUND; 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 shall administer the Justice Court Collections Payment Program.  The purpose of the * * * fund program 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 appropriated by the Legislature to the Department of Revenue for the purposes of funding the Justice Court Collections Payment Program shall be expended by the department * * * of Revenue, upon appropriation by the Legislature.  The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of: to each participating county based upon that county's deposits in the Treasury of the monies received under the provisions of Section 99-19-73.

 * * *  (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 ensure 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 received from the program 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 shall be used for the benefit of the Department of Revenue, at the discretion of the Commissioner of Revenue.

     SECTION 2.  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 shall administer the Municipal Court Collections Payment Program.  The purpose of the * * * fund program 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 appropriated by the Legislature to the Department of Revenue for the purposes of funding the Municipal Court Collections Payment Program shall be expended by the department * * * of Revenue, upon appropriation by the Legislature.  The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of: to each participating municipality based upon that municipality's deposits in the Treasury of the monies received under the provisions of Section 99-19-73.

 * * *  (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 ensure 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 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 3.  This act shall take effect and be in force from and after July 1, 2017.

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