Chapter 1. Department of Public Safety

General Provisions

§ 45-1-1. Repealed.

Repealed by Laws, 1990, ch. 522, § 38, eff from and after July 1, 1990.

[Codes, 1942, §§ 8078, 8084, 8121; Laws, 1938, ch. 143; Laws, 1940, ch. 167; Laws, 1944, ch. 330, § 1; Laws, 1946, ch. 420, § 1; Laws, 1948, ch. 343, § 1; Laws, 1950, ch. 404; Laws, 1952, ch. 356; Laws, 1958, ch. 320; Laws, 1966, ch. 445, § 33; ch. 569, § 1]

Editor’s Notes —

Former §45-1-1 provided for the appointment of a commissioner of public safety.

§ 45-1-2. Executive Director of Department of Public Safety to be commissioner; organization of department; Commissioner of Public Safety; statewide safety training officer; Mississippi Analysis and Information Center (MSAIC Fusion Center) established within Office of Homeland Security.

  1. The Executive Director of the Department of Public Safety shall be the Commissioner of Public Safety.
  2. The Commissioner of Public Safety shall establish the organizational structure of the Department of Public Safety, which shall include the creation of any units necessary to implement the duties assigned to the department and consistent with specific requirements of law including, but not limited to:
    1. Office of Public Safety Planning;
    2. Office of Mississippi Highway Safety Patrol;
    3. Office of Forensics Laboratories, which includes the Office of the Medical Examiner;
    4. Office of Law Enforcement Officers’ Training Academy;
    5. Office of Support Services;
    6. Office of Narcotics, which shall be known as the Bureau of Narcotics; and
    7. Office of Homeland Security.
  3. The department shall be headed by a commissioner, who shall be appointed by and serve at the pleasure of the Governor. The appointment of the commissioner shall be made with the advice and consent of the Senate. The commissioner may assign to the appropriate offices such powers and duties as deemed appropriate to carry out the department’s lawful functions.
  4. The commissioner of the department shall appoint heads of offices, who shall serve at the pleasure of the commissioner. The commissioner shall have the authority to organize the offices established by subsection (2) of this section as deemed appropriate to carry out the responsibilities of the department. The organization charts of the department shall be presented annually with the budget request of the Governor for review by the Legislature.
  5. The commissioner of the department shall appoint, from within the Department of Public Safety, a statewide safety training officer who shall serve at the pleasure of the commissioner and whose duty it shall be to perform public training for both law enforcement and private persons throughout the state concerning proper emergency response to the mentally ill, terroristic threats or acts, domestic conflict, other conflict resolution, and such other matters as the commissioner may direct.
  6. The commissioner of the department shall establish within the Office of Homeland Security a Mississippi Analysis and Information Center (MSAIC Fusion Center) which shall be the highest priority for the allocation of available federal resources for statewide information sharing, including the deployment of personnel and connectivity with federal data systems. Subject to appropriation therefor, the Mississippi Fusion Center shall employ three (3) regional analysts dedicated to analyzing and resolving potential threats identified by the agency’s statewide social media intelligence platform and the dissemination of school safety information.

HISTORY: Laws, 1989, ch. 544, § 58; Laws, 1990, ch. 522, § 26; Laws, 2000, ch. 492, § 1; Laws, 2001, ch. 524, § 1; Laws, 2004, ch. 595, § 20; Laws, 2015, ch. 452, § 5, eff from and after July 1, 2015, Laws, 2019, ch. 312, § 1, eff from and after July 1, 2019; Laws, 2019, ch. 427, § 9, eff from and after July 1, 2019.

Joint Legislative Committee Note —

Section 1 of Chapter 312, Laws of 2019, effective July 1, 2019 (approved March 15, 2019), amended this section. Section 9 of Chapter 427, Laws of 2019, effective July 1, 2019 (approved March 29, 2019), also amended this section. As set out above, this section reflects the language of both amendments pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision, and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision, and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the August 12, 2019, meeting of the Committee.

Editor's Notes —

Laws of 2014, ch. 480, § 2, provides:

“SECTION 2. (1) The Department of Finance and Administration is authorized to partition, transfer and convey to the Mississippi Department of Public Safety, all of the rights, title and interest in certain real property and any improvements thereon located within the City of Hattiesburg, Forrest County, Mississippi, whereupon is currently situated the facility occupied by the Department of Public Safety and used as a District Substation.

“(2) The Department of Finance and Administration shall partition the existing parcel of real property, which now contains three (3) facilities, two (2) of which are maintained and operated by the Department of Finance and Administration Office of Capitol Facilities, and the remaining facility used for the purpose described in subsection (1) of this section. Upon partition of the property into two (2) parcels of property, the Department of Finance and Administration shall retain the portion thereof upon which is situated the facilities under its administration and used for its operation. The remaining parcel, as described in subsection (1) of this section, shall be transferred to the Department of Public Safety for its management, operations and maintenance. Such property being more particularly described as follows:

“A parcel of land located in the NE 1/4 of the SE 1/4 of Section 34, Township 4 North, Range 13 West, Forrest County, Mississippi, and being more particularly described as follows: Commence at a concrete marker found marking the NE corner of the said NE 1/4 of the SE 1/4, said point being on the southern right-of-way line of John Merl Tatum Industrial Drive; thence run North 89 degrees 52 minutes 40 seconds West along the north line of the said NE 1/4 of the SE 1/4 and along said southern right-of-way line for 111.62 feet to a crimp top pipe found, said point being the Point of Beginning; thence run South 00 degrees 14 minutes 28 seconds East for 456.18 feet to a crimp top pipe found; thence run South 89 degrees 33 minutes 01 seconds West for 341.44 feet to an iron pin found; thence run North 12 degrees 19 minutes 42 seconds West for 470.65 feet to an iron pin set on the said north line of the said NE 1/4 of the SE 1/4, said point also being on the said southern right-of-way line of said John Merl Tatum Industrial Drive; thence run South 89 degrees 52 minutes 40 seconds East along said north line and along said southern right-of-way line for 440.00 feet back to the Point of Beginning. Said parcel contains 4.11 acres, more or less.

“(3) The State of Mississippi shall retain all rights to minerals in the partitioned property transferred under subsection (1) of this section.

“(4) The Department of Finance and Administration is vested with the authority to correct any discrepancies in the legal description of the property described in subsection (2) of this section.”

Laws of 2012, ch. 553, § 4 provides:

“SECTION 4. (1) The Department of Finance and Administration, acting on behalf of the Department of Public Safety, is authorized to transfer to the Board of Supervisors of Grenada County, Mississippi, certain real property that has been in the possession of and under the jurisdiction of the Department of Public Safety since 1942 which such deed was recorded on December 7, 1942, and upon which it currently operates a licensing station from a building located on the site, such property being more particularly described as follows:

“Being situated in the County of Grenada and the State of Mississippi, to wit:

“Lot 113 of Jackson Heights Subdivision of SE 1/4 NE 1/4 of NE 1/4 SE 1/4 of Section 19, Township 22 North, Range 5 East as same appears of record in Plat Book 1 at page 39 of the records of the Chancery Clerk's Office of said county.

“There is also granted with this deed a permit to place a guy pole or wire on Lot 107 of said subdivision with the distinct understanding that same will not interfere with any buildings now on said lot or to be erected on said lot.

“(2) The transfer of the real property described in subsection (1) of this section shall be contingent upon the County of Grenada entering into a written agreement with the Department of Public Safety to fund the construction of a new licensing station within the county.

“(3) The State of Mississippi shall retain all mineral rights to the real property transferred under this section.”

Laws of 2016, ch. 457, § 2, as amended by Laws of 2017, ch. 428, § 4, effective from and after April 18, 2017, provides:

“SECTION 2. (1) There is hereby created the Mandatory Statewide Offense-Reporting System Task Force to undertake a comprehensive review of all state and local law enforcement agencies' use of offense reports. The task force shall be composed of nine (9) members, as follows:

“(a) The President of the Mississippi Association of Chiefs of Police, or a designee;

“(b) The President of the Mississippi Sheriffs' Association, or a designee;

“(c) The Director of the Mississippi Department of Public Safety's Criminal Information Center, or a designee;

“(d) The Director of the Mississippi Department of Information Technology Services, or a designee;

“(e) The Commissioner of Corrections, or a designee;

“(f) The Director of the Administrative Office of Courts, or a designee;

“(g) The President of the Mississippi Prosecutors Association, or a designee;

“(h) The Director of the Joint Committee on Performance Evaluation and Expenditure Review, or a designee as a nonvoting member; and

“(i) A member to be appointed by the Governor to serve at the will and pleasure of the Governor as the chairperson of the task force.

“(2) A vacancy in the task force shall not affect its powers, but shall be filled as prescribed in subsection (1). A majority of the membership of the task force shall constitute a quorum, and shall meet at the call of the chairperson, or upon an affirmative vote of a majority of the task force. All members must be notified in writing of all meetings at least five (5) days before the date on which a meeting of the task force is scheduled.

“(3) The purpose of the task force is to work toward producing uniform offense reports and to investigate whether it is possible to require a standardized offense reporting system to get a clearer picture of crime in Mississippi and allow for single-source reporting to the Department of Justice through uniform crime reporting. The task force shall investigate whether an increase in grant funding would result. A goal of the task force is to work to provide a true picture of crime in the state and movement of offenders which could help predict and prevent criminal activity. The task force shall coordinate its work with the arrest and dispositions reporting as a valuable tool for measuring the impact of programs that seek to reduce recidivism, incarceration, and provide more support services in communities. A major focus of the task force will be to recommend an automated reporting system as opposed to manual reports that are compiled every six (6) months.

“(4) The Joint Committee on Performance Evaluation and Expenditure Review shall provide appropriate staff support to assist the task force in carrying out its duties. The Director of the Joint Committee on Performance Evaluation and Expenditure Review shall designate an appropriate employee to act as a point of contact for staff support to the task force. In addition, the task force may consult with employees of any state agency or department necessary to accomplish the task force's responsibilities under this section.

“(5) The members of the task force shall serve without compensation.

“(6) The task force shall prepare and submit a final report that contains a detailed statement of findings, conclusions and recommendations of the task force to the Legislature, the Governor, and to local and tribal governments by October 13, 2017, and the task force shall stand dissolved on December 31, 2017. It is the intention of the Legislature that, given the importance of the matters before the task force, the task force should work toward unanimously supported findings and recommendations. The report submitted under this subsection shall be made available to the public.”

Laws of 2019, ch. 427, § 1, provides:

“SECTION 1. This act shall be entitled and may be cited as the ‘Mississippi School Safety Act of 2019.’”

Amendment Notes —

The 2004 amendment rewrote (2)(g) and added (2)(h).

The 2015 amendment substituted “Forensics” for “Crime” preceding “Laboratories” in (2)(d).

The first 2019 amendment (ch. 312), in (2), deleted (b), which read: “Office of Medical Examiner,” redesignated the remaining paragraphs accordingly, and added “which includes the Office of the Medical Examiner” at the end of (c).

The second 2019 amendment (ch. 427) added (6).

Cross References —

General provisions regarding the reorganization of the executive branch of government, see §§7-17-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Miss. Code Section 45-1-2 establishes organization of department of public safety; department is headed by commissioner of public safety, appointed by Governor; commissioner appoints six heads of offices who serve at will and pleasure of commissioner; and, commissioner is given great latitude in how to organize various offices. Head, Feb. 25, 1993, A.G. Op. #92-1007.

A municipal police department has concurrent jurisdiction with state security personnel over criminal activity that occurs on state-owned property located within the municipal boundaries, but since there is no authority which gives primary jurisdiction to one agency over another, a cooperative effort should be made on the part of all agencies with jurisdiction to evaluate each occurrence of criminal activity on an individual basis and make a decision as to who should have primary jurisdiction based on the circumstances of the incident and the resources of each investigating agency. Prichard, January 16, 1998, #98-0009.

§ 45-1-3. Rule-making power of commissioner.

When not otherwise specifically provided, the commissioner is authorized to make and promulgate reasonable rules and regulations to be coordinated, and carry out the general provisions of the Highway Safety Patrol and Driver’s License Law of 1938.

HISTORY: Codes, 1942, § 8090; Laws, 1938, ch. 143.

Cross References —

Highway Safety Patrol and Driver’s License Law of 1938, see §45-3-1 et seq. and63-1-1 et seq.

Duty of commissioner to adopt a uniform system of traffic control devices, see §63-3-301.

Department’s authority to aid in establishment of education program for first offenders convicted of driving while intoxicated, see §63-11-32.

§ 45-1-5. Employment of administrative, clerical and other employees.

The Commissioner of Public Safety is authorized and empowered to employ such administrative, professional, technical, stenographic, clerical and other employees as may be necessary to perform the duties of the Mississippi Highway Safety Patrol to comply with the provisions of the Mississippi Motor Vehicle Safety-Responsibility Law, being Chapter 15 of Title 63 of the Mississippi Code of 1972, and to perform the duties under all other laws required to be administered under the supervision of the commissioner. The commissioner shall fix the salaries of all such employees where such salaries are not otherwise fixed by law.

HISTORY: Codes, 1942, § 8085; Laws, 1938, ch. 143; Laws, 1940, ch. 167; Laws, 1944, ch. 331, § 1; Laws, 1946, ch. 420, § 6; Laws, 1948, ch. 343, § 4; Laws, 1950, ch. 407, § 3; Laws, 1952, ch. 357, § 2; Laws, 1956, ch. 377, § 2; Laws, 1993, ch. 508, § 12, eff from and after July 1, 1993.

Editor’s Notes —

Laws of 1993, ch. 508, § 13, effective July 1, 1993, provides as follows:

“SECTION 13. It is the intent of the Legislature that the Department of Public Safety shall assist the Mississippi Agricultural and Livestock Theft Bureau [established in §69-29-1] until such time as the Bureau is fully funded and operational.”

JUDICIAL DECISIONS

1. In general.

Because of the pattern of past racial discrimination by the department of public safety in hiring non-sworn personnel, entrance examinations for such personnel were required to be validated and shown to be non-discriminatory; and the department was temporarily required to first hire every black applicant who met minimal requirements set by the court. Morrow v. Dillard, 412 F. Supp. 494, 1976 U.S. Dist. LEXIS 15797 (S.D. Miss. 1976), aff'd in part and rev'd in part, 580 F.2d 1284, 1978 U.S. App. LEXIS 8724 (5th Cir. Miss. 1978).

§ 45-1-6. Special contract agents authorized; powers; qualifications; form of contract; agents not considered employees of Mississippi Bureau of Investigation.

  1. The Director of the Mississippi Bureau of Investigation is authorized to retain on a contractual basis such persons as he shall deem necessary to detect and apprehend violators of the criminal statutes of this state.
  2. Those persons contracting with the Director of the Mississippi Bureau of Investigation pursuant to subsection (1) shall be known and hereinafter referred to as “special contract agents.”
  3. The investigative services provided for in this section shall be designed to support local law enforcement efforts.
  4. Special contract investigators shall have all powers necessary and incidental to the fulfillment of their contractual obligations, including the power of arrest when authorized by the Director of the Mississippi Bureau of Investigation.
  5. No person shall be a special contract investigator unless he is at least twenty-one (21) years of age.
  6. The Director of the Mississippi Bureau of Investigation shall conduct a background investigation of all potential special contract investigators. All contract agents must meet the minimum standard requirements established by the Board on Law Enforcement Officer Standards and Training.
  7. Any contract pursuant to subsection (1) shall be:
    1. Reduced to writing; and
    2. Terminable upon written notice by either party, and shall in any event terminate one (1) year from the date of signing; and
    3. Approved as to form by the Attorney General.

      Such contracts shall not be public records and shall not be available for inspection under the provisions of a law providing for the inspection of public records as now or hereafter amended.

  8. Special contract investigators shall not be considered employees of the Bureau of Investigation for any purpose.
  9. The Director of the Mississippi Bureau of Investigation shall have all powers necessary and incidental to the effective operation of this section.
  10. Notwithstanding any other provisions contained in this section, all contracts authorized under this section and related matters shall be made available to the Legislative Budget Office and the Department of Finance and Administration.

HISTORY: Laws, 2006, ch. 469, § 2, eff from and after July 1, 2006.

Cross References —

Board on Law Enforcement Officer Standards and Training, see §§45-6-5 through45-6-9.

§ 45-1-7. Legislators ineligible to serve.

No member of the Legislature shall be eligible to serve as an officer or employee or in any other capacity under the provisions of the Highway Safety Patrol and Driver’s License Law of 1938.

HISTORY: Codes, 1942, § 8122; Laws, 1938, ch. 143.

§ 45-1-9. Repealed.

Repealed by Laws, 2006, ch. 326, § 1, effective from and after passage (approved March 9, 2006).

[Codes, 1942, § 8084; Laws, 1938, ch. 143; Laws, 1940, ch. 167; Laws, 1966, ch. 569, § 1, eff from and after passage (approved May 25, 1966).]

Editor’s Notes —

Former §45-1-9 provided that each highway patrolman and certain other appointees shall furnish a surety bond of not less than $2000.00 payable to the state and conditioned upon the faithful performance of duties.

Cross References —

Highway Safety Patrol and Driver’s License Law of 1930, see §§45-3-1 et seq. and63-1-1 et seq.

§ 45-1-11. Salaries may be paid on semi-monthly basis.

The commissioner of public safety is hereby authorized and empowered, in his discretion and with the approval of the state auditor of public accounts, to pay members of the highway safety patrol and other employees of the department of public safety on a semi-monthly basis.

HISTORY: Codes, 1942, § 8085.5; Laws, 1966, ch. 506, § 1, eff from and after passage (approved June 11, 1966).

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

§ 45-1-12. Salaries of certain officers of the Mississippi Highway Safety Patrol and the Mississippi Bureau of Narcotics.

  1. The salaries of all officers of the Mississippi Highway Safety Patrol who have completed the course of instruction in an authorized highway patrol training school on general law enforcement, and are serving as a sworn officer of the Highway Patrol in the enforcement of the laws of the State of Mississippi, including service in the driver’s license division and the sworn officers of the Mississippi Bureau of Narcotics, shall be determined and paid in accordance with the scale for officers salaries as provided in this subsection:

    Department of Public Safety Sworn Officers Salary Schedule

    2015-2016 Fiscal Year and Thereafter

    Click to view

    Department of Public Safety/MS Bureau of Narcotics

    Sworn Officers Salary Schedule

    2015-2016 Fiscal Year and Thereafter

    Click to view

  2. All sworn officers in the Mississippi Highway Patrol and the Mississippi Bureau of Narcotics employed on a full-time basis shall be paid a salary in accordance with the above scale. The rank and years of experience of each sworn officer to be used in establishing the salary shall be determined by the rank and years of experience on July 1 of the current fiscal year.
  3. For purposes of applying the rank designation to the above scale, the following job classifications of the State Personnel Board shall be applicable for the Mississippi Highway Patrol:

    RankJob Classes

    1. TrooperDPS-Highway Patrol Officer I

      LE-Investigator II

    2. Trooper First ClassDPS-Highway Patrol Officer II

      LE-Investigator III

    3. CorporalDPS-Highway Patrol Officer III

      LE-Investigator IV

    4. SergeantDPS-Highway Patrol Officer IV

      LE-Investigator V

    5. Staff SergeantDPS-Highway Patrol Officer V
    6. Senior Staff SergeantDPS-Highway Patrol Officer VI

      Tech Spec

    7. Master Sgt/Sgt. F/CDPS-Assistant Inspector

      DPS-Highway Patrol Officer VII

      DPS-Investigator I

      DPS-Supv. Driver Serv.

    8. LieutenantDPS-Air Operations Officer

      DPS-Dir. Corr. Intelligence

      DPS-Dist. Executive Officer

      DPS-Regional Supv. Driver. Serv.

      DPS-Branch Director

      LE-Dir/Training

      LE-Dist. Investigator

    9. CaptainDPS-Staff Officer (MHP)
    10. MajorDPS-Bureau Director II
    11. Lt. ColonelDPS-Deputy Administrator;

      DPS-Chief of Staff

    12. Colonel/Chief of PatrolDir-Office of MS Hwy Safety Patrol
  4. For purposes of applying the rank designation to the above scale, the following job classifications of the State Personnel Board shall be applicable for the Mississippi Bureau of Narcotics:

    RankJob Classes

    1. AgentsLE-Agent I

      LE-Agent II

      LE-Agent III

      LE-Agent IV

      LE-Agent V

      LE-Agent VI

    2. LieutenantBN-District Investigator (LT)
    3. CaptainBN-District Commander
    4. MajorBN-Bureau Director II

      Office Director I

    5. Lt. ColonelBN-Deputy Administrator
    6. ColonelDirector, Bureau of Narcotics
  5. In any fiscal year after July 1, 2015, in the event the Legislature provides across-the-board salary increases to state employees whose compensation is paid from the State General Fund and subject to specific appropriation therefor by the Legislature, the State Personnel Board shall revise the salary scale above to provide the same percentage or dollar amount increase as has been appropriated for other state employees.
  6. It shall be the duty of the Mississippi Department of Public Safety to file with the Legislative Budget Office and the State Fiscal Officer such data and information as may be required to enable the said Legislative Budget Office and State Fiscal Officer to budget and distribute the funds necessary to compensate the sworn officers of the Department of Public Safety according to the requirements of the salary scale. Such data and information so filed may be revised from time to time as necessitated to reflect the current number and experience of sworn officers employed by the department.

Rank Years of Experience Less than 4 Over 4 Over 8 Over 12 Trooper 38,000 Trooper FC 41,000 Corporal 44,000 Sergeant 47,000 Rank Years of Experience Over 16 Over 20 Over 24 Over 29 Staff Sgt 50,000 Sr. Staff Sgt. 53,000 Sgt. 1st Class 56,000 59,000 Rank Years of Experience Over 5 Over 10 Over 15 Over 20 Over 25 Over 29 Master Sgt. 53,000 56,000 59,000 62,000 65,000 68,000 Lieutenant 62,000 65,000 68,000 71,000 74,000 77,000 Captain 74,000 77,000 80,000 83,000 86,000 Major 86,000 89,000 92,000 95,000 Lt. Colonel 95,000 98,000 101,000 104,000 Colonel 112,000 112,000 112,000 112,000

Rank Years of Experience Less than 4 Over 4 Over 8 Over 12 LE-Agent I 38,000 LE-Agent II 41,000 LE-Agent III 44,000 LE-Agent IV 47,000 Rank Years of Experience Over 16 Over 20 Over 24 Over 29 LE-Agent V 50,000 LE-Agent VI 53,000 Rank Years of Experience Over 7 Over 12 Over 17 Over 22 Over 27 Over 32 Lieutenant 62,000 65,000 68,000 71,000 74,000 77,000 Captain 74,000 77,000 80,000 83,000 86,000 Major 86,000 89,000 92,000 95,000 Lt. Colonel 95,000 98,000 101,000 104,000 Colonel 112,000 112,000 112,000 112,000

HISTORY: Laws, 2015, ch. 486, § 1, eff from and after Jan. 1, 2016.

Editor's Notes —

This section is set out above to correct an error in the salary schedule for the second group of officers in the Department of Public Safety Sworn Officers Salary Schedule as the schedule appears in the 2015 Replacement Volume 11B.

§ 45-1-13. Use of employees in other divisions.

Notwithstanding the provisions of Sections 45-1-1, 45-1-5, 45-1-17, 45-3-7 through 45-3-9, 63-1-13, 63-1-15, and 63-1-45 through 63-1-49, Mississippi Code of 1972, designating or specifying the division or department in which any employee shall be employed and the duties which such employee shall perform, the commissioner shall have full power and authority, in his discretion, to place and use any employees in any other division or department and to require such employees to perform and discharge duties arising under the Highway Safety Patrol and Driver’s License Law of 1938.

HISTORY: Codes, 1942, § 8119.5; Laws, 1948, ch. 343, § 8.

Editor’s Notes —

Section 45-1-1, referred to in this section, was repealed by Laws, 1990, ch. 522, § 38, eff from and after July 1, 1990.

Cross References —

Highway Safety Patrol and Driver’s License Law of 1930, see §§45-3-1 et seq. and63-1-1 et seq.

§ 45-1-15. Purchase of workers’ compensation insurance.

The Department of Public Safety shall purchase workmen’s compensation insurance with coverage for all patrolmen and other personnel employed by the commissioner, as authorized by law. All personnel shall be entitled to the benefits prescribed by Sections 71-3-1 through 71-3-111, Mississippi Code of 1972, cited as the “Workmen’s Compensation Law.”

HISTORY: Codes, 1942, § 8085; Laws, 1938, ch. 143; Laws, 1940, ch. 167; Laws, 1944, ch. 331, § 1; Laws, 1946, ch. 420, § 6; Laws, 1948, ch. 343, § 4; Laws, 1950, ch. 407, § 3; Laws, 1952, ch. 357, § 2; Laws, 1956, ch. 377, § 2; eff July 1, 1956.

Editor’s Notes —

Pursuant to §71-3-1, the title of the Workmen’s Compensation Law is changed to “Workers’ Compensation Law” and the words “workmen’s compensation” shall mean “workers’ compensation” and “commission” shall mean “workers’ compensation commission”.

§ 45-1-17. Crime detection and medical examiner laboratory.

The commissioner shall have the authority to establish, staff, equip and operate a crime detection and medical examiner laboratory, and to cooperate with the University Medical Center and other hospitals and laboratories in its operation.

HISTORY: Codes, 1942, § 8085; Laws, 1938, ch. 143; Laws, 1940, ch. 167; Laws, 1944, ch. 331, § 1; Laws, 1946, ch. 420, § 6; Laws, 1948, ch. 343, § 4; Laws, 1950, ch. 407, § 3; Laws, 1952, ch. 357, § 2; Laws, 1956, ch. 377, § 2; eff July 1, 1956.

Editor’s Notes —

Laws of 2015, ch. 452, § 21, provides:

“SECTION 21. The Mississippi Forensics Laboratory shall continue to use stationery and other supplies bearing the designation of “Mississippi Crime Laboratory” until depleted, and the name affixed on a building or property shall remain until replacement due to normal wear or other cause.”

Laws of 2016, ch. 474, § 1, provides:

“SECTION 1. (1) The Department of Public Safety may lease the building formerly designated as the State Crime Lab to the Hinds County Board of Supervisors for use by the Hinds County Medical Examiner. The building is located in Jackson, Mississippi, and the property upon which it is located shall be more particularly described in the lease agreement.

“(2) As a condition of the lease authorized under subsection (1) of this section, the Hinds County Board of Supervisors shall pay for all utilities, repairs to fixtures and office equipment, and any other needed improvements in lieu of any rent. Additionally, the Hinds County Board of Supervisors is authorized to enter into an interlocal agreement with the Rankin County Board of Supervisors at the discretion of the Rankin County Board of Supervisors that authorizes the Rankin County Medical Examiner to use the building authorized to be leased under subsection (1) of this section. Rankin County shall not be charged rent beyond its proportional cost of utilities or requested improvements. The Hinds County Board of Supervisors may enter into other interlocal agreements or sublease agreements with other counties subject to Department of Public Safety approval, but shall not charge any rent beyond the cost of utilities and requested improvements that may be attributed to the entity with which the board may enter an agreement.

“(3) Upon the sale, relocation or renovation of the Department of Public Safety’s headquarters located at 1900 East Woodrow Wilson Avenue in Jackson, Hinds County, Mississippi, the department shall have the authority to terminate any lease or sublease agreement entered into under this act at least ninety (90) days after the date that written notice of termination of the agreement is submitted to the lessee. The Department of Finance and Administration may also terminate any lease on similar terms. Any lease, sublease or interlocal agreement entered into under this act shall be subject to the Department of Public Safety’s right to terminate as described in this subsection.”

Cross References —

Duty of the State Medical Examiner to cooperate with the crime detection and medical examiner laboratories authorized by this section, see §41-61-63.

Director of crime laboratory, see §§45-1-25,45-1-27.

Funding of crime laboratory, see §45-1-29.

Purchasing of vehicles and equipment by crime laboratory, see §45-1-31.

Duties of the state crime laboratory with respect to administration of the Implied Consent Law, see §§63-11-5 et seq.

Right of person given chemical test under Implied Consent Law to have additional test approved by state crime laboratory administered by person of his choice, see §63-11-13.

Approval by state crime laboratory and commissioner of public safety of methods of administering chemical tests under Implied Consent Law, see §63-11-19.

JUDICIAL DECISIONS

1. In general.

Crime laboratory established by Commissioner of Public Safety pursuant to §45-1-17 is “court-approved laboratory” for purposes of §13-1-114 [repealed]. Barnette v. State, 481 So. 2d 788, 1985 Miss. LEXIS 2443 (Miss. 1985).

RESEARCH REFERENCES

ALR.

Admissibility, in criminal prosecution, of expert opinion allegedly stating whether drugs were possessed with intent to distribute – state cases. 83 A.L.R.4th 629.

Admissibility of expert opinion stating whether a particular knife was, or could have been, the weapon used in a crime. 83 A.L.R.4th 660.

§ 45-1-19. Repealed.

Repealed by its own terms from and after July 1, 1993.

[Codes, 1942, § 8084; Laws, 1938, ch. 143; Laws, 1940, ch. 167; Laws, 1966, ch. 569, § 1; repealed, Laws, 1984, ch. 495, § 39; reenacted and amended, Laws, 1985, ch. 474, § 39; Laws, 1986, ch. 438, § 31; Laws, 1987, ch. 483, § 32; Laws, 1988, ch. 442, § 29; Laws, 1989, ch. 537, § 28; Laws, 1990, ch. 518, § 29; Laws, 1991, ch. 618, § 28; Laws, 1992, ch. 491 § 30]

Editor’s Notes —

Former §45-1-19 directed the commissioner to carry insurance on motor vehicles, and waived the immunity of the department to extent of insurance.

§ 45-1-21. Department of Public Safety authorized to charge fees for services and reports.

    1. The Mississippi Department of Public Safety being required by law to keep various records and perform various services and being authorized to furnish certain records and services, the department, by direction of the Commissioner of Public Safety, shall establish and collect for such services a proper fee, commensurate with the service rendered and the cost of the service for the furnishing of any record or abstract thereof in the Department of Public Safety now or which may hereafter be required by law to be kept by said department, any photograph or photo copy or any report of any kind authorized by law, including services for polygraph tests and reports thereof.
    2. No records shall be furnished by the Mississippi Department of Public Safety which are classified as confidential by law. All fees collected under this section shall be paid into the General Fund of the State Treasury in accordance with the provisions of Section 45-1-23(2).
    1. (i) The Commissioner of Public Safety, by rule duly filed with the Secretary of State under the Administrative Procedures Act, may establish a card stock fee to be paid by an applicant when specifically authorized by statute for producing a license, permit or identification card bearing the likeness of the applicant. The card stock fee shall be the actual cost of producing the license, permit or identification card as set by contract rounded off to the next highest dollar.
      1. The administrative rule filing shall include either:

      1. A copy of the contract governing the actual cost of producing the license permit or identification card, from which nonpublic information may be redacted; or

      2. An abstract of the pertinent parts of the contract verified to be correct by the person responsible for the administrative rule filing.

    2. Monies collected for the card stock fee shall be deposited into a special card stock fee account which the Department of Public Safety shall use to pay the actual cost of producing the licenses and identification cards. Any monies collected in excess of the actual costs of the card stock fee may be used by the department to defray the cost of future photography, fraud deterrence and driver’s license technology initiatives. 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.

HISTORY: Codes, 1942, § 8120-7; Laws, 1962, ch. 513; Laws, 1976, ch. 396, § 3; Laws, 1991, ch. 356 § 1; Laws, 2014, ch. 424, § 1, eff from and after Oct. 1, 2014.

Amendment Notes —

The 2014 amendment deleted the third undesignated paragraph regarding monies deposited to the Department of Public Safety Administrative Fund, added (1) designation and (2); and substituted “the” for “said” and “the” for “such” in present (1)(a).

Cross References —

Administrative Procedure Act, see §§25-43-1.101 et seq.

JUDICIAL DECISIONS

1. In general.

In an action by the state executive committee of a political party against the state commissioner for public safety in connection with a dispute over the proper fee for access to the complete drivers license records of the state, under §§25-61-7 and45-1-21, the amount of the fee to be commensurate with the actual cost to the state of providing the copies of those records. Roberts v. Mississippi Republican Party State Executive Committee, 465 So. 2d 1050, 1985 Miss. LEXIS 1969 (Miss. 1985).

Political party provided with access to drivers license records may be charged only for actual cost of providing copies of records. Roberts v. Mississippi Republican Party State Executive Committee, 465 So. 2d 1050, 1985 Miss. LEXIS 1969 (Miss. 1985).

In dispute over reasonableness of fee charged for providing drivers license records to political party, both §25-61-7 and §45-1-21 must be given effect since there is no express repeal of §45-1-21 and no irreconcilable conflict between statutes. Roberts v. Mississippi Republican Party State Executive Committee, 465 So. 2d 1050, 1985 Miss. LEXIS 1969 (Miss. 1985).

RESEARCH REFERENCES

ALR.

Validity, construction, and application of statutory provisions relating to public access to police records. 82 A.L.R.3d 19.

§ 45-1-23. Payment of expenses of operating and administering department; budget; disposition of funds received.

  1. The expenses of operating and administering the department of public safety, including the highway safety patrol, the bureau of investigation, and the safety responsibility bureau, shall be paid from monies appropriated for such purposes by the Mississippi Legislature.

    The department of public safety shall comply with all the applicable provisions of Chapter 103, Title 27, Mississippi Code of 1972, being the state budget and accounting act.

  2. All funds received by the department of public safety and any bureau, department or division thereof shall be paid into the state treasury on the same day in which said funds are collected. The state auditor of public accounts may require the commissioner to adopt standard accounting procedures acceptable to the auditor for the handling of such sums.

HISTORY: Codes, 1942, §§ 8120.5, 8120.7; Laws, 1956, ch. 378, § 6; Laws, 1958, ch. 500; Laws, 1962, ch. 513; ch. 518, §§ 1, 2; Laws, 1970, ch. 525, § 1; ch. 524, § 1; Laws, 1976, ch. 396, § 4; Laws, 1984, ch. 478, § 28, eff from and after July 1, 1984.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Laws of 1984, ch. 478, § 3, effective from and after July 1, 1984, provides in part:

“SECTION 3. When used in [this section] . . . requirements that funds be deposited on the same day ‘collected’ shall mean when remittances of tax collections and reports in connection therewith shall have been subjected to only minimum essential but expeditious processing.”

Laws of 1984, ch. 478, § 35, effective from and after July 1, 1984, provides as follows:

“SECTION 35. The provisions of this act shall control if in conflict with any other statute, the operation of which would tend to frustrate the purposes of this act.”

Cross References —

Fees for drivers’ licenses, see §63-1-45.

Fee for reinstatement of license subsequent to suspension, revocation or cancellation, see §63-1-46.

§ 45-1-25. Director of Mississippi Forensics Laboratory; qualifications; removal.

The Director of the Mississippi Forensics Laboratory which has been established by the Commissioner of Public Safety under the authority of Section 45-1-17 shall be a person who is experienced in forensics laboratory operations, knowledgeable of the criminal justice system, and who shall have the following minimum qualifications:

Graduation from an accredited four-year college or university with major course work in forensic science, chemistry, biology, commercial science or physics.

At least five (5) years’ full-time employment in a forensics laboratory, with supervisory or administrative responsibility.

Thorough knowledge of the utilization of forensics laboratory services and their relation to the investigating law enforcement officers.

Thorough knowledge of techniques employed in processing of physical evidence.

Membership in professional organizations promoting advancement of forensic science.

Proven effectiveness as a manager and administrator.

Unusual strength in one or more of the above qualifications may compensate for failure to exactly satisfy paragraph (b) of this section.

The Director of the Forensics Laboratory may only be removed by the Commissioner of Public Safety upon proof of his inability to serve due to illness, administrative or managerial ineffectiveness, incompetence, malfeasance, dereliction of duty or moral turpitude.

HISTORY: Laws, 1979, ch. 455, § 1; Laws, 1984, ch. 384; Laws, 2015, ch. 452, § 6, eff from and after July 1, 2015.

Amendment Notes —

The 2015 amendment substituted “Forensics Laboratory” and “forensics laboratory” for “Crime Laboratory” and “crime laboratory” throughout the section.

RESEARCH REFERENCES

ALR.

Admissibility, in criminal prosecution, of expert opinion allegedly stating whether drugs were possessed with intent to distribute – state cases. 83 A.L.R.4th 629.

Admissibility of expert opinion stating whether a particular knife was, or could have been, the weapon used in a crime. 83 A.L.R.4th 660.

§ 45-1-27. Director of Crime Laboratory; responsibilities and duties.

The director shall have responsibilities and duties including but not limited to the following:

To plan and give general direction to activities or programs for which he is responsible, through the issuance of directives and orders.

To review proposed changes in policies affecting the operation of the division under his direction.

To maintain liaison with other agencies, divisions or departments of state and federal government.

To approve and maintain uniform procedures and standards of operation for the laboratory.

To supervise and approve procedures and processing of physical evidence.

To present testimony in court in analysis of physical evidence.

To supervise the state medical examiner.

To attend scientific conferences and hold classes for law enforcement officers.

To present budget requests to the legislative budget office and to legislative committees.

HISTORY: Laws, 1979, ch. 455, § 2; Laws, 1984, ch. 343, § 2; Laws, 1984, ch. 488, § 213, eff from and after July 1, 1984.

Cross References —

Joint legislative budget committee and legislative budget office, generally, see §§27-103-101 et seq.

State medical examiner, see §§41-61-51 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Miss. Code Section 45-1-27 establishes intent of legislature that medical examiner be supervised by director of crime laboratory and, to that degree, it does fix organizational structure of these two offices, at least in relationship to each other. Head, Feb. 25, 1993, A.G. Op. #92-1007.

§ 45-1-29. Mississippi Forensics Laboratory; funding; fees for services.

  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 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.
  4. Upon every individual convicted of a felony or misdemeanor, every individual who is nonadjudicated on a felony or misdemeanor case under Section 99-15-26 or 63-11-30(14), 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.

HISTORY: Laws, 1979, ch. 455, § 3; Laws, 1988, ch. 401; Laws, 2002, ch. 621, § 1; Laws, 2010, ch. 495, § 2; Laws, 2015, ch. 452, § 7, eff from and after July 1, 2015; Laws, 2018, ch. 411, § 1, eff from and after July 1, 2018; brought forward without change, Laws, 2019, ch. 312 § 3, eff from and after July 1, 2019.

Amendment Notes —

The 2002 amendment added the third sentence in (1); deleted former (2), redesignated former (3) as present (2) and former (4) as present (3); in present (3), rewrote the first sentence, which formerly read “The Mississippi Crime Laboratory shall establish and collect for services rendered proper fees commensurate with the services rendered”; in the second sentence, substituted “Department of Finance and Administration” for “Fiscal Management Board”; and made two minor stylistic changes.

The 2010 amendment made a minor stylistic change in the second sentence in (1); and added (4).

The 2015 amendment substituted “Forensics Laboratory” for “Crime Laboratory” throughout the section.

The 2018 amendment, in (4), inserted “or misdemeanor” and “or 63-11-30(14).”

The 2019 amendment brought the section forward without change.

OPINIONS OF THE ATTORNEY GENERAL

When attempts at collection have been exhausted, the Mississippi Crime Laboratory may sue for unpaid fees from counties, municipalities, and task forces for services rendered. Younger, Jr., June 16, 2000, A.G. Op. #2000-0301.

The Mississippi Crime Lab may charge fees commensurate with the services rendered and such fees may be charged to the defendant upon conviction; however, should the defendant be found not guilty, the county would be responsible for paying the fees of the crime lab. Whether the fees are reasonable would be subject to the court’s discretion. Sparks, May 23, 2003, A.G. Op. 03-0250.

§ 45-1-31. Mississippi Forensics Laboratory; vehicles and equipment.

  1. The Forensics Laboratory shall be empowered to purchase, equip and maintain vehicles, as authorized by law, and other conveyances for necessary business such as travel to court, crime scene assistance and consultation. The vehicles shall be independent of the vehicles purchased and operated by the department of public safety.
  2. Obsolete nonrepairable or salvageable equipment shall be sold, as provided by law, and the funds so derived shall go into the account of the Forensics Laboratory and be used to replace such equipment.

HISTORY: Laws, 1979, ch. 455, § 4; Laws, 2015, ch. 452, § 8, eff from and after July 1, 2015.

Amendment Notes —

The 2015 amendment substituted “Forensics Laboratory” for “Crime Laboratory” both times it appears.

§ 45-1-33. Transfer of Office of Criminal Justice Planning and Juvenile Justice Advisory Committee.

The Office of Criminal Justice Planning, including the Juvenile Justice Advisory Committee, as constituted in the Governor’s Office of Federal-State Programs on June 30, 1989, is hereby transferred to the Department of Public Safety.

HISTORY: Laws, 1990, ch. 522, § 36, eff from and after July 1, 1990.

§ 45-1-35. Department of Public Safety to provide state highway accident statistics to Department of Transportation.

The Department of Public Safety shall provide each month to the Mississippi Department of Transportation accident statistics for accidents involving motor vehicles which occur on the designated state highway system. Information provided to the transportation department shall include at least the following:

The date of the accident and time of day (if known);

The location of the accident;

The cause of the accident (if known);

The number of vehicles involved; and

Injuries and fatalities resulting from the accident.

HISTORY: Laws, 1994, ch. 380, § 1, eff from and after July 1, 1994.

§ 45-1-37. Commissioner authorized to enter into reciprocal agreements with bordering states for purpose of entering such state to make arrest; commissioner to require Department of Public Safety to enter into Memorandum of Understanding with county registrars for purpose of providing Mississippi Voter Identification Card.

  1. The Commissioner of Public Safety is hereby authorized and directed to seek reciprocal agreements with bordering states to allow law enforcement officers of the State of Mississippi to enter into such bordering states while in pursuit of persons who have committed crimes for the purpose of apprehending and arresting such persons. Any state who enters into such reciprocal agreement shall be authorized to enter into the State of Mississippi for the same purpose.
  2. The Commissioner of Public Safety shall require the Department of Public Safety to enter into a Memorandum of Understanding, which is negotiated by the Secretary of State, with the registrar of each county for the purpose of providing a Mississippi Voter Identification Card.

HISTORY: Laws, 2000, ch. 339, § 1; Laws, 2012, ch. 526, § 9, eff August 5, 2013 (the date of the United States Attorney General’s response to the submission of this section under Section 5 of the Voting Rights Act of 1965).

Editor’s Notes —

The effective date of the bill that amended this section, House Bill No. 921, 2012 Regular Session, is “from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.” However, after the bill was submitted to the United States Attorney General under Section 5, the United States Supreme Court, in the case of Shelby County v. Holder (June 25, 2013), struck down the coverage formula that determined what jurisdictions are subject to Section 5 of the Voting Rights Act, so the coverage formula can no longer be used as a basis for subjecting jurisdictions to preclearance under Section 5.

Because of the Shelby County decision, the United States Attorney General is not making any determinations under Section 5 on voting or election changes made by states. The Supreme Court did not strike down Section 5, so it is still in effect. House Bill No. 921 was submitted to the United States Attorney General before the Shelby County decision was rendered. In a letter dated August 5, 2013, the United States Attorney General responded that he is not making determinations on the merits of any bill that is submitted under Section 5. The submission of House Bill No. 921 and the response from the United States Attorney General technically met the requirements of Section 5 and fulfilled the condition in the effective date of House Bill No. 921, so House Bill No. 921 became effective on the date of the response letter from the United States Attorney General, August 5, 2013.

Amendment Notes —

The 2012 amendment inserted the (1) designator and added (2).

Comparable Laws from other States —

Arkansas: A.C.A. §§16-81-401 et seq.

Louisiana: La. C.Cr.P. Art. 231

Tennessee: Tenn. Code Ann. §§40-7-201 et seq.

§ 45-1-39. Repealed.

Repealed by its own terms effective June 30, 2007.

§45-1-39. [Laws, 2000, ch. 513, § 1; Laws, 2002, ch. 374, § 1; Laws, 2005, ch. 352, § 1, eff from and after passage (approved Mar. 14, 2005.)]

Editor’s Notes —

Former §45-1-39 created the Municipal Crime Prevention Fund.

§ 45-1-41. Disposition of seized property after notice to any known owner or lienholder.

  1. Any property received, recovered or seized by the Department of Public Safety which is not forfeited or disposed of by court order may be released to the owner of or lienholder on the property upon receipt of payment for all storage and towing charges incurred by the Department of Public Safety.
  2. The Department of Public Safety shall notify in writing, by United States certified mail, the owner or lienholder of the property at the owner’s or lienholder’s last known address that the owner or lienholder may retrieve the property. In the event that the owner or lienholder does not claim the property within thirty (30) days from the date of the receipt of the notice, the property is declared forfeited to the Department of Public Safety.
  3. In the event the notice by mail is returned undelivered, the department shall cause to be made further search and inquiry to ascertain the reputed owner’s or lienholder’s street and post office address. If a new or additional address is ascertained, the department shall again issue notice. If a new or additional address is not ascertained, or if notice is again returned undelivered, the department shall cause an affidavit to be prepared to that effect which shall specify the acts of search and inquiry made in the effort to ascertain the owner’s or lienholder’s address. The affidavit shall be retained by the department for three (3) years. Upon the making of the affidavit, the property is declared forfeited to the Department of Public Safety.

HISTORY: Laws, 2002, ch. 324, § 1, eff from and after July 1, 2002.

Cross References —

Forfeitures under the Uniform Controlled Substances Law, see §§41-29-153 and41-29-176.

Procedure for disposition of seized property under the Uniform Controlled Substances Law, see §§41-29-154 and41-29-177 through41-29-185.

Disposition of proceeds of sale of forfeited weapons, generally, see §45-9-151.

§ 45-1-43. Emergency response and vehicular pursuit policies; state, county and local mandate; training procedures; sanctions for failure to adopt.

On or after January 1, 2005, each state, county and local law enforcement agency that conducts emergency response and vehicular pursuits shall adopt written policies and training procedures that set forth the manner in which these operations shall be conducted. Each law enforcement agency may create their own such policies or adopt an existing model. All pursuit policies created or adopted by any law enforcement agency must address situations in which police pursuits cross over into other jurisdictions. Law enforcement agencies which do not comply with the requirements of this provision are subject to the withholding of any state funding or state administered federal funding.

HISTORY: Laws, 2004, ch. 487, § 2, eff from and after July 1, 2004.

§ 45-1-45. Implementation of Internet-based data and information sharing network for exchange and viewing of certain felony and misdemeanor information; Information Exchange Network Fund created.

  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 from the funds derived from assessments under Section 99-19-73 shall be distributed by the State Treasurer upon warrants issued by the Department of Public Safety.The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:
    1. Monies appropriated by the Legislature;
    2. The interest accruing to the fund;
    3. Monies received under the provisions of Section 99-19-73;
    4. Monies received from the federal government;
    5. Donations; and
    6. Monies received from such other sources as may be provided by law.

HISTORY: Laws, 2009, ch. 535, § 2, eff from and after July 1, 2009.

§ 45-1-47. Department of Public Safety authorized to sell and replace as needed its fleet of aircraft; use of proceeds.

Notwithstanding any provision to the contrary that may be found in Section 61-13-1 et seq., the Department of Public Safety is hereby authorized to sell any or all of its fleet of aircraft and replace the same with aircraft more suited to the needs of the department. The proceeds from the sale of such aircraft shall be retained by the Department of Public Safety to be used by the department to offset the cost of replacement aircraft purchased by the department and shall not be transferred to the State General Fund. However, in the event there are any proceeds remaining after the purchase of the replacement aircraft, the department shall transfer the remaining amounts to the State General Fund. The department is authorized to escalate its budget to expend the proceeds from the sale of the aircraft in a manner consistent with authorization granted in this section.

HISTORY: Laws, 2013, ch. 547, § 2, eff from and after July 1, 2013.

§ 45-1-49 Mississippi Highway Patrol Troop K command center in Biloxi, Mississippi, renamed “Commissioner George Landon Phillips District Office.”

  1. The Mississippi Department of Public Safety’s Highway Patrol District Office, located in Biloxi, Harrison County, Mississippi, which serves as the command center for Troop K of the Mississippi Highway Patrol, shall be named the “Commissioner George Landon Phillips District Office.”
  2. The Department of Finance and Administration shall prepare or have prepared a distinctive plaque, to be placed in a prominent place within the building, that states the background, accomplishments and service to the state of George Landon Phillips. The Department of Finance and Administration in conjunction with the Mississippi Department of Public Safety’s Highway Patrol Division shall erect or cause to be erected proper lettering or signage on the outdoor facade of the building displaying the official name of the building as the “Commissioner George Landon Phillips District Office.”

HISTORY: Laws, 2019, ch. 318, § 1, eff from and after July 1, 2019.

Certain Public Safety Officers Permitted to Keep Badges upon Retirement

§ 45-1-71. Full-time fire fighters and law enforcement officers permitted to keep badges upon retirement.

Each full-time fire fighter, employed in accordance with Section 45-11-203, policeman, sheriff, deputy sheriff or other local law enforcement officer, who retires under Section 21-29-139 or the Public Employees’ Retirement System, for superannuation or for reason of disability, or any other local government retirement system shall be allowed to retain, as his personal property, the one (1) badge which is issued to him by the local government fire fighting unit or law enforcement unit.

HISTORY: Laws, 2006, ch. 590, § 1, eff from and after July 1, 2006.

Certification of Certain Retired Law Enforcement Officers to Carry Concealed Weapon Without Permit

§ 45-1-101. Certain retired law enforcement officers may obtain certification from Mississippi Association of Chiefs of Police to carry concealed weapon without permit.

  1. This section may be referred to as the “HR218 Qualification Law.”
  2. Any retired law enforcement officer who resides in this state and for whom the law enforcement agency from which the officer retired does not participate in the necessary certification for the retired officer to be certified according to the Law Enforcement Officers Safety Act of 2004 found at Title 18, Chapter 44, Section 926B, USC, or who does not reside in convenient proximity to the law enforcement agency from which the officer retired, may obtain the necessary certification from the Mississippi Association of Chiefs of Police.

HISTORY: Laws, 2010, ch. 480, § 1, eff from and after July 1, 2010.

Federal Aspects—

Law Enforcement Officers Safety Act of 2004, see 18 USCS § 926B

Blue Alert System

§ 45-1-151. Blue alert program established; definitions; activation; termination of activation.

  1. There is established a statewide alert system known as “Blue Alert” which shall be developed and implemented by the Bureau of Investigation of the Department of Public Safety.
  2. As used in this section, unless the context requires a different definition, the following terms shall have the following meanings:
    1. “Law enforcement agency” means a law enforcement agency with jurisdiction over the search for a suspect in a case involving the death or serious injury of a peace officer.
    2. “Peace Officer” means a law enforcement officer as defined in Section 45-6-3.
    3. “Director” means the director of the Bureau of Investigation.
  3. The “Blue Alert” system may be activated when a suspect for a crime involving the death or serious injury of a peace officer has not been apprehended, and law enforcement personnel have determined that the suspect may be a serious threat to the public.
  4. Upon notification by a law enforcement agency that a suspect in a case involving the death or serious injury of a peace officer has not been apprehended and may be a serious threat to the public, the director shall activate the “Blue Alert” system and notify appropriate participants in the “Blue Alert” system, as established by rule, if:
    1. A law enforcement agency believes that a suspect has not been apprehended;
    2. A law enforcement agency believes that the suspect may be a serious threat to the public; and
    3. Sufficient information is available to disseminate to the public that could assist in locating the suspect.

      The area of the alert may be less than statewide if the director determines that the nature of the event makes it probable that the suspect did not leave a certain geographic location.

  5. Before requesting activation of the “Blue Alert” system, a law enforcement agency shall verify that the criteria described by this section have been satisfied. The law enforcement agency shall assess the appropriate boundaries of the alert based on the nature of the suspect and the circumstances surrounding the crime.
  6. The director shall terminate any activation of the “Blue Alert” system with respect to a particular suspect if:
    1. The suspect is located or the incident is otherwise resolved; or
    2. The director determines that the “Blue Alert” system is no longer an effective tool for locating the suspect.
  7. Any entity or individual involved in the dissemination of a “Blue Alert” generated pursuant to this section shall not be liable for any civil damages arising from that dissemination.

HISTORY: Laws, 2011, ch. 368, § 1, eff from and after July 1, 2011.

DUI Information-Exchange Improvement Advisory Committee

§ 45-1-161. Repealed.

Laws, 2017, ch. 428, § 3, eff from and after passage (approved Apr. 17, 2017).

§45-1-161. [Laws, 2016, ch. 457, § 1.]

Editor Notes —

Former §45-1-161 created the DUI Information-Exchange Improvement Advisory Committee and provided its membership and duties.

Chapter 2. Law Enforcement Officers and Fire Fighters Death and Disability Benefits Trust Funds

Article 1. Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund.

§ 45-2-1. Definitions; establishment of death benefits trust fund; payments from fund; administration of fund.

  1. Whenever used in this section, the term:
    1. “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.
    2. “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.
    3. “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.
    4. “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.
    5. “Cause of death” means any cause of death that would be covered under the Public Safety Officers’ Benefits Act of 1976 or the Hometown Heroes Survivors Benefits Act of 2003, generally codified at 42 USCS Chapter 46.
    1. 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, dies or receives accidental or intentional bodily injury that results in the loss of the covered individual’s life and such death is the result of a covered cause of death, provided that the death is not the result of suicide and that the bodily injury is not intentionally self-inflicted.
    2. 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.
    3. 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.
    1. 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.
    2. 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.
    3. 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.
  2. 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.

HISTORY: Laws, 1999, ch. 500, § 1; Laws, 2001, ch. 507, § 1; Laws, 2002, ch. 355, § 1; Laws, 2004, ch. 410, § 2; Laws, 2007, ch. 429, § 1; Laws, 2013, ch. 385, § 4; Laws, 2014, ch. 437, § 1; Laws, 2016, ch. 480, § 1, eff from and after July 1, 2016.

Editor’s Notes —

Laws of 2007, ch. 429, § 2, provides as follows:

“SECTION 2. This act shall take effect and be in force from and after August 1, 2006.”

Laws of 2013, ch. 385, § 6, provides:

“This act shall take effect and be in force from and after its passage; volunteer fire departments shall have until July 1, 2013, to obtain and have approved the insurance policies or self-insurance reserves or combination thereof required for political subdivisions under the Tort Claims Act.”

Amendment Notes —

The 2002 amendment substituted “Twenty Thousand Dollars ($20,000.00)” for “Ten Thousand Dollars ($10,000.00)” in (2)(a) and (2)(b); and substituted “in” for “under paragraph (a) of” in (2)(c) and (2)(d).

The 2004 amendment added “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” at the end of (1)(d); and substituted “Forty Thousand Dollars ($40,000.00)” for “Twenty Thousand Dollars ($20,000.00)” in (2)(a) and (2)(b).

The 2007 amendment substituted “Sixty-five Thousand Dollars ($65,000.00)” for “Forty Thousand Dollars ($40,000.00)” in (2)(a) and (b).

The 2013 amendment in (1)(a), inserted “including volunteer firefighters” following “officer or firefighter,” and deleted the former last sentence which read: “ ‘Covered individual’ also includes volunteer fire fighters.”

The 2014 amendment, in (2)(a), substituted “One Hundred Thousand Dollars ($100,000.00)” for “Sixty-five Thousand Dollars ($65,000.00)” and “covered individual” for “law enforcement officer”; deleted (2)(b); and redesignated remaining subsections accordingly.

The 2016 amendment added (1)(e); and in (2)(a), substituted “dies or receives” for “is accidentally or intentionally killed or receives,” inserted “and such death is the result of a covered cause of death” and substituted “death is not the result” for “killing is not the result.”

Cross References —

Death benefits under Firemen’s and Policemen’s Disability and Relief Funds, see §§21-29-145 and21-29-147.

Transfer of funds from uninsured motorist identification fund to cover insufficient funds in law enforcement officers and fire fighters death benefits trust fund, see §63-16-13.

OPINIONS OF THE ATTORNEY GENERAL

For the purposes of Section 45-2-1, weight enforcement officers employed by the Mississippi Department of Transportation are “law enforcement officers” and their beneficiaries would be eligible to receive the death benefits provided for by that statute. Brown, Jan. 17, 2003, A.G. Op. #03-0009.

Article 2. Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund.

§ 45-2-21. Definitions; establishment of death benefits fund; payments from fund; administration of fund; funding of expenses of Law Enforcement Officers and Fire Fighters Disability Benefits Fund; deposit of user charges and fees authorized under this section into State General Fund.

  1. Whenever used in this section, the term:
    1. “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.
    2. “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.
    3. “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 firefighting activity, and is required to respond to alarms and perform emergency actions at the location of a fire, hazardous materials or other emergency incident.
    4. “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.
    1. 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.
    2. Payments made under this subsection are exempt from the claims and demands of creditors of the covered individual.
    1. There is established in the State Treasury a special fund to be known as the Law Enforcement Officers and Fire Fighters Disability Benefits Fund. The fund shall be funded by any funds made available by the Legislature or by donation, contribution, gift or any other source.
    2. The State Treasurer shall invest the monies of the 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.
    3. Unexpended amounts remaining in the 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 fund shall be deposited to the credit of the
  2. The Attorney General’s office shall be responsible for the management of the 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 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 fund for the administration and management of the fund and carrying out the purposes of this section.
  3. From and after July 1, 2016, the expenses of the Law Enforcement Officers and Fire Fighters Disability Benefits Fund shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law and as determined by the State Fiscal Officer.
  4. From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.

HISTORY: Laws, 2005, ch. 406, § 1; Laws, 2006, ch. 581, § 1; Laws, 2013, ch. 385, § 5; Laws, 2017, 1st Ex Sess, ch. 7, § 23, eff from and after passage (approved June 23, 2017).

Editor’s Notes —

Laws of 2013, ch. 385, § 6, provides:

“This act shall take effect and be in force from and after its passage; volunteer fire departments shall have until July 1, 2013, to obtain and have approved the insurance policies or self-insurance reserves or combination thereof required for political subdivisions under the Tort Claims Act.”

Amendment Notes —

The 2006 amendment substituted “Attorney General’s office” for “Department of Public Safety” at the beginning of (2)(a); inserted “and Fire Fighters” preceding “Disability Benefits Trust Fund” in (3)(a); and in (4), substituted “Attorney General’s office” for “Department of Public Safety” in the first and second sentences, and added the last sentence.

The 2013 amendment inserted “including volunteer firefighters” in (1)(a).

The 2017 amendment, effective June 23, 2017, in (3)(a), deleted “Trust” preceding “Fund” in the first sentence and deleted “trust” preceding “fund” in the second sentence; and in (3)(b) and (c) and (4), deleted “trust” preceding “fund” everytime it appears.

Cross References —

Firemen’s and Policemen’s Disability and Relief Funds, see §21-29-101 et seq.

Article 3. Other Safety Officials Death Benefits Trust Fund.

§ 45-2-31. Definitions; establishment of death benefits trust fund for directors and assistant directors of certain local emergency management organizations and coroners and deputy coroners; payments from fund; administration of fund.

  1. As used in this section, the term “covered individual” means the directors and assistant directors of local emergency management organizations established under Section 33-15-17, and coroners and deputy coroners.
    1. 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, provided that the killing is not the result of suicide and that the bodily injury is not intentionally self-inflicted.
    2. The payment provided for in this subsection shall be made to the beneficiary who was designated in writing by the covered individual 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.
    3. 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.
    1. There is established in the State Treasury a special fund to be known as the “Other Safety Officials Death Benefits Trust Fund.” The trust fund shall be funded by monies made available by the Legislature by appropriations as needed, or by donation, contribution, gift or any other source.
    2. 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.
    3. 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.
  2. 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.

HISTORY: Laws, 2015, ch. 467, § 1, eff from and after July 1, 2015.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in an internal reference in subsection (1) by substituting “Section 33-15-17” for “Section 33-315-17.” The Joint Committee ratified the correction at its August 17, 2015, meeting.

Editor’s Notes —

Laws of 2015, ch. 467, § 2, effective July 1, 2015, provides: “SECTION 2. Section 1 of this act shall be codified as a new Article 3 in Chapter 2, Title 45, Mississippi Code of 1972.”

Chapter 3. Highway Safety Patrol

§ 45-3-1. Citation of chapter.

This chapter and Article 1, Chapter 1, Title 63, Mississippi Code of 1972, may be cited as the Highway Safety Patrol and Driver’s License Law of 1938.

HISTORY: Codes, 1942, § 8076; Laws, 1938, ch. 143.

§ 45-3-3. Definitions.

The following words when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section:

The term “commissioner” means the commissioner of public safety of this state;

The term “highway” means every way or place of whatever nature open to the use of the public for the purpose of vehicular travel, and shall include streets of municipalities.

HISTORY: Codes, 1942, § 8077; Laws, 1938, ch. 143.

§ 45-3-5. Chief of patrol.

The commissioner is empowered and authorized to appoint an Assistant Commissioner of Public Safety to be known as the chief of patrol, who shall have the qualifications set forth in Section 45-3-9, and shall have charge of the division of operations of the patrol. The annual salary of the chief of patrol shall be fixed by the Legislature, payable monthly. He shall execute a bond in the penal sum of Five Thousand Dollars ($5,000.00) with a surety company authorized to do business in this state, the bond to be conditioned for the faithful performance of his duties. The bond shall be subject to the approval of the commissioner.

HISTORY: Codes, 1942, § 8078; Laws, 1938, ch. 143; Laws, 1940, ch. 167; Laws, 1944, ch. 330, § 1; Laws, 1946, ch. 420, § 1; Laws, 1948, ch. 343, § 1; Laws, 1950, ch. 404; Laws, 1952, ch. 356; Laws, 1958, ch. 320; Laws, 1966, ch. 445, § 33; Laws, 2011, ch. 503, § 2, eff from and after passage (approved Apr. 26, 2011.).

Amendment Notes —

The 2011 amendment in the first sentence, deleted “hereby” preceding “empowered and authorized,” substituted “qualifications set forth in Section 45-3-9” for “same qualifications as the commissioner”; and made stylistic changes throughout.

§ 45-3-7. Organization of Highway Safety Patrol; compensation of members.

  1. The commissioner is authorized to employ not exceeding six hundred fifty (650) persons as a Mississippi Highway Safety Patrol within the Department of Public Safety. All positions and salaries heretofore authorized and set by statute under the commissioner shall after April 20, 1981, be made part of the State Personnel System and shall be governed by the laws, rules and regulations thereof.
  2. The commissioner shall grant an additional One Hundred Dollars ($100.00) per month for special flying assignments to patrol officers who are licensed commercial pilots.
  3. It is the direction of the Legislature that all Fair Labor Standards Act (FLSA) nonexempt sworn officers of the Mississippi Highway Safety Patrol who are working one hundred seventy-one (171) hours in a twenty-eight-day work cycle be compensated based on the annual salary established by the State Personnel Board for a one-hundred-sixty-hour per month schedule divided by two thousand eighty-seven and one hundred forty-three one thousandths (2,087.143), for an hourly rate, to be multiplied by two thousand two hundred twenty-three (2,223) or one hundred seventy-one (171) hours in a twenty-eight-day work cycle for a new annual salary. All hours worked over one hundred seventy-one (171) hours in a twenty-eight-day schedule shall be governed by the FLSA or other special compensation plan. All realignments after July 1, 2010, shall be calculated using this formula. This subsection shall be known as the “David R. Huggins Act.”

HISTORY: Codes, 1942, § 8079; Laws, 1938, ch. 143; Laws, 1940, ch. 167; Laws, 1944, ch. 330, § 1; Laws, 1946, ch. 420, § 2; Laws, 1948, ch. 343, § 2; Laws, 1950, ch. 407, § 1; Laws, 1952, ch. 357, § 1; Laws, 1956, ch. 377, § 1; Laws, 1960, ch. 338, § 1; Laws, 1962, ch. 515; Laws, 1964, ch. 324, § 9; Laws, 1966, ch. 568, § 1; Laws, 1968, ch. 472, § 1; Laws, 1970, ch. 482; Laws, 1971, ch. 518, § 1; Laws, 1972, ch. 527, § 1; Laws, 1973, ch. 485, § 1; Laws, 1974, ch. 488; Laws, 1981, ch. 511, § 1; Laws, 1994, ch. 339, § 1; Laws, 2002, ch. 326, § 1; Laws, 2010, ch. 551, § 1, eff from and after July 1, 2010.

Amendment Notes —

The 2002 amendment, substituted “six hundred fifty (650)” for “four hundred seventy-five (475)” in the first paragraph and “patrol officers” for “patrolmen” in the second paragraph.

The 2010 amendment added the (1) designation, and therein substituted “set by statute under the commissioner shall after April 20, 1981, be made part of the State Personnel System” for “set by statute under the Commissioner of Public Safety shall after passage of this section be made part of the State Personnel System” and made a minor stylistic change; and added the (2) designation; and added (3).

Cross References —

State personnel system, generally, see §§25-9-101 et seq.

Highway safety patrol retirement system, see §§25-13-1 et seq.

Power of counties to employ men to enforce road laws, see §45-7-1.

Federal Aspects—

Fair Labor Standards Act generally, see 29 USCS §§ 201 et seq.

JUDICIAL DECISIONS

1. In general.

Highway patrolmen are not peace officers within the sense that sheriffs, constables and policemen are such to enforce general laws of state, but act within limited sphere of authority granted them under this statute [Code 1942, § 8079] and Code 1942, § 8082. Smith v. Rankin County, 208 Miss. 792, 45 So. 2d 592, 1950 Miss. LEXIS 300 (Miss. 1950).

State highway patrolman, not being peace officer, has same authority that private citizen would have to make arrest of a fleeing homicide under the same circumstances, and no more, and would be entitled to receive statutory reward the same as if he had been private citizen and had made arrest and delivery of prisoner under circumstances provided for by Code 1942, § 2482. Smith v. Rankin County, 208 Miss. 792, 45 So. 2d 592, 1950 Miss. LEXIS 300 (Miss. 1950).

RESEARCH REFERENCES

Am. Jur.

70 Am. Jur. 2d, Sheriffs, Police and Constables §§ 40, 41 et seq.

CJS.

80 C.J.S., Sheriffs and Constables §§ 502 et seq.

§ 45-3-9. Qualifications of members of Highway Safety Patrol; agents of Mississippi Bureau of Narcotics employed as enforcement troopers.

  1. The chief of patrol, directors, inspectors, assistant inspectors, patrol officers and investigators of the department shall be selected after an examination as to physical and mental fitness, knowledge of traffic laws, rules and regulations of this state, the laws of the state pertaining to arrest, and the rules and regulations of the Mississippi Department of Public Safety and Public Service Commission, such examination to be prescribed by the commissioner. At the time of appointment they shall be citizens of the United States and the State of Mississippi, of good moral character, and shall be not less than twenty-one (21) years of age and shall have:
    1. Sixty (60) hours and/or an associate degree from an accredited educational institution with a minimum grade point average of 2.0 on a 4.0 scale; or
    2. A high school diploma or High School Equivalency Diploma and at least four (4) years of active military duty or six (6) years of National Guard duty; a Department of Defense Form 214 (DD214), Certificate of Release or Discharge from Active Duty, or a National Guard Bureau Form 22 (NGB Form 22), Report of Separation, or a National Guard Bureau Form 23 (NGB Form 23), ARNG Retirement Credit Points Statement must be submitted by the applicant; or
    3. A high school diploma or High School Equivalency Diploma, minimum standard certification from an accredited law enforcement academy and a minimum of one (1) year of law enforcement field experience; or
    4. A high school diploma or High School Equivalency Diploma if the applicant is not less than twenty-three (23) years of age.
  2. Sworn agents of the Mississippi Bureau of Narcotics who are employed as enforcement troopers shall retain all compensatory, personal and sick leave accrued pursuant to Sections 25-3-92, 25-3-93 and 25-3-95.

HISTORY: Codes, 1942, §§ 8079, 8086; Laws, 1938, ch. 143; Laws, 1940, ch. 167; Laws, 1944, ch. 330, § 1; Laws, 1946, ch. 420, § 2; Laws, 1948, ch. 343, § 2; Laws, 1950, ch. 407, § 1; Laws, 1952, ch. 357, § 1; Laws, 1956, ch. 377 § 1; Laws, 1960, ch. 338, § 1; Laws, 1962, ch. 515; Laws, 1962, ch. 516; Laws, 1964, ch. 324, § 9; Laws, 1964, ch. 453, § 1; Laws, 1966, ch. 568, § 1; Laws, 1968, ch. 472, § 1; Laws, 1970, ch. 482; Laws, 1971, ch. 518, § 1; Laws, 1972, ch. 527, § 1; Laws, 1973, ch. 485, § 1; Laws, 1980, ch. 561, § 21; Laws, 1981, ch. 511, § 3; Laws, 1984, ch. 518, § 3; Laws, 1991, ch. 468 § 2; Laws, 1998, ch. 442, § 1; Laws, 2010, ch. 550, § 3; Laws, 2011, ch. 503, § 1; Laws, 2012, ch. 561, § 1; Laws, 2014, ch. 398, § 14, eff from and after July 1, 2014.

Editor’s Notes —

Laws of 1984, ch. 518, § 5, as amended by Laws of 1984, 1st ex sess., ch. 28, § 3 and as amended by Laws of 1985, ch. 504, § 7, effective July 1, 1985, provides as follows:

“SECTION 5. (1) Nothing in Section 27-5-75 or 49-1-15 shall be construed to require employees who were hired prior to July 1, 1985, to retire prior to attaining the age of sixty-five (65) years unless, after attaining the age of sixty-two (62) years on or before June 30, 1986, and those who attain the age of sixty (60) years thereafter, they have completed four (4) years of creditable service for purposes of the Public Employees’ Retirement System, at which time they shall be retired forthwith.

“(2) Nothing in Section 27-5-75 or 49-1-15 shall be construed to prevent the State Tax Commission or the Mississippi Department of Wildlife Conservation from operating under an interim retirement policy until June 30, 1985, provided that said policy conforms with the provisions of The Age Discrimination In Employment Act of 1967, 29 U.S.C., Sections 621 et seq., including Section 623(f) thereof.

“(3) No inspection station employee or field inspector employed by the State Tax Commission, or conservation officer employed in the Bureau of Fisheries and Wildlife, shall be dismissed prior to July 1, 1985, solely because of his age, if said employee has not reached the age of seventy (70) years.”

Amendment Notes —

The 2010 amendment added the (1) designation, and therein, in the introductory paragraph, deleted “however, they may be less than twenty-one (21) years of age provided they hold a degree from an accredited four-year senior college or university” from the end, and added “and shall have”; added (1)(a) through (1)(c); and designated the former last sentence of the section as (2).

The 2011 amendment deleted “and one (1) year of continued satisfactory work experience in the field of law enforcement” at the end of (1)(a); rewrote (1)(b); and added (1)(d).

The 2012 amendment deleted the former last sentence of (1)(d), which read: “This paragraph (d) shall stand repealed on January 1, 2012.”

The 2014 amendment substituted “High School Equivalency Diploma” for “GED” in (1)(b), (1)(c), and (1)(d).

JUDICIAL DECISIONS

1. In general.

In order to eradicate the effects of past racial discrimination in hiring of highway patrol officers, the district court, pursuant to a mandate from the circuit court of appeals to insure an increase in the number of blacks, ordered the Department of Public Safety to submit a plan providing for a more extensive recruiting program, administration of a job related test, and, though quota hiring was not necessary, providing for, temporarily, giving first chance at employment to black applicants meeting minimal testing, physical, training and background requirements; the Department of Public Safety was also required to compile records and submit periodic reports to the district court so that court could determine whether the goal of increasing the number of blacks was met. Morrow v. Dillard, 412 F. Supp. 494, 1976 U.S. Dist. LEXIS 15797 (S.D. Miss. 1976), aff'd in part and rev'd in part, 580 F.2d 1284, 1978 U.S. App. LEXIS 8724 (5th Cir. Miss. 1978).

The requirement that highway patrol officers have a high school education or its equivalent bore a demonstrable relationship to successful performance of the job, was not shown to have a racially discriminatory impact, and thus did not violate the constitutional rights of minority races. Morrow v. Dillard, 412 F. Supp. 494, 1976 U.S. Dist. LEXIS 15797 (S.D. Miss. 1976), aff'd in part and rev'd in part, 580 F.2d 1284, 1978 U.S. App. LEXIS 8724 (5th Cir. Miss. 1978).

In case involving alleged racial discrimination in employment practices of Mississippi Highway Patrol, U. S. District Court failed to order sufficient affirmative relief to eradicate state’s unconstitutional practices, and case would be remanded, with guidelines, to fashion an appropriate decree which will have the certain result of increasing the number of blacks on the Highway Patrol. Morrow v. Crisler, 491 F.2d 1053, 1974 U.S. App. LEXIS 9461 (5th Cir. Miss.), cert. denied, 419 U.S. 895, 95 S. Ct. 173, 42 L. Ed. 2d 139, 1974 U.S. LEXIS 2927 (U.S. 1974).

Highway patrolmen are not peace officers within the sense that sheriffs, constables and policemen are such to enforce general laws of state, but act within limited sphere of authority granted them under this statute [Code 1942, § 8079] and Code 1942, § 8082. Smith v. Rankin County, 208 Miss. 792, 45 So. 2d 592, 1950 Miss. LEXIS 300 (Miss. 1950).

State highway patrolman, not being peace officer, has same authority that private citizen would have to make arrest of a fleeing homicide under the same circumstances, and no more, and would be entitled to receive statutory reward the same as if he had been private citizen and had made arrest and delivery of prisoner under circumstances provided for by Code 1942, § 2482. Smith v. Rankin County, 208 Miss. 792, 45 So. 2d 592, 1950 Miss. LEXIS 300 (Miss. 1950).

RESEARCH REFERENCES

Am. Jur.

70 Am. Jur. 2d, Sheriffs, Police, and Constables §§ 7-9 et seq.

CJS.

80 C.J.S., Sheriffs and Constables §§ 3, 4.

§ 45-3-11. Prohibitions as to engaging in political activity and soliciting campaign contributions.

No member of the patrol shall, while in such position, be a candidate for any political office or take part in or contribute any money or other things of value, directly or indirectly, to any political campaign or to any candidate for public office. Anyone violating this provision shall be guilty of a misdemeanor, and upon final conviction shall be punished as provided by law, and shall be dismissed from the patrol.

It shall be unlawful for any person to solicit or attempt to solicit any money or thing of value from any employee of the Mississippi Highway Safety Patrol for political purposes. Any person violating this provision shall be guilty of a misdemeanor and upon final conviction shall be punished as provided by law.

HISTORY: Codes, 1942, § 8079; Laws, 1938, ch. 143; Laws, 1940, ch. 167; Laws, 1944, ch. 330, § 1; Laws, 1946, ch. 420, § 2; Laws, 1948, ch. 343, § 2; Laws, 1950, ch. 407, § 1; Laws, 1952, ch. 357, § 1; Laws, 1956, ch. 377, § 1; Laws, 1960, ch. 338, § 1; Laws, 1962, ch. 515; Laws, 1964, ch. 324, § 9; Laws, 1966, ch. 568, § 1; Laws, 1968, ch. 472, § 1; Laws, 1970, ch. 482; Laws, 1971, ch. 518, § 1, eff from and after July 1, 1971.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 45-3-13. No exemption from military service for patrolmen.

No patrolman shall be exempt from military service because of appointment to the highway safety patrol.

HISTORY: Codes, 1942, § 8079-01; Laws, 1944, ch. 330, § 2.

§ 45-3-15. Preference to returning veterans.

All patrolmen who have been or are called to the armed services shall be given preference in employment upon their return.

HISTORY: Codes, 1942, § 8080; Laws, 1938, ch. 143; Laws, 1940, ch. 167; Laws, 1944, ch. 330, § 1; Laws, 1946, ch. 420, § 3.

Cross References —

Veterans’ preference in appointments by state personnel board, see §§25-9-301 through25-9-305.

§ 45-3-17. Dismissal of patrolmen.

During the period of the first twelve (12) months after appointment, any member of the Mississippi Highway Safety Patrol shall be subject to dismissal at the will of the commissioner. After twelve (12) months’ service, no member of the patrol shall be subject to dismissal or otherwise have his salary adversely affected except for cause, and any such action against an officer of the Mississippi Highway Safety Patrol shall be subject to and proceed under the laws, rules and regulations of the state personnel system.

HISTORY: Codes, 1942, § 8081; Laws, 1938, ch. 143; Laws, 1981, ch. 511, § 2, eff from and after passage (approved April 20, 1981).

Cross References —

Dismissal under the state personnel system, see §25-9-127.

RESEARCH REFERENCES

Am. Jur.

70 Am. Jur. 2d, Sheriffs, Police, and Constables §§ 16 et seq.

CJS.

80 C.J.S., Sheriffs and Constables §§ 6-10.

§ 45-3-19. Regulations governing discipline, uniforms, supplies, and the like.

The commissioner shall have authority, with the approval of the Governor, to make needful and proper rules and regulations governing the proper discipline of the members of the patrol, of selecting, designing and effecting an appropriate uniform therefor, and prescribing outfits and equipment and supplies necessary and proper to carry out the objects of this chapter. The commissioner shall provide the same as well as such weapons, vehicles and equipment as shall be necessary and proper and shall be responsible therefor. The commissioner, with the approval of the Governor, shall, from time to time, establish headquarters and substations, as he shall deem it advisable for the objects and purposes of such an organization and for the enforcement of the laws, rules and regulations hereinabove provided, and to that end he may, with the approval of the Governor acquire the right to use lands and buildings for the accommodation of members of said organization and properties and equipment.

HISTORY: Codes, 1942, § 8087; Laws, 1938, ch. 143; Laws, 1944, ch. 331, § 2.

§ 45-3-21. Powers and duties of patrol, generally.

  1. The powers and duties of the Highway Safety Patrol shall be, in addition to all others prescribed by law, as follows:
    1. To enforce all of the traffic laws, rules and regulations of the State of Mississippi upon all highways of the state highway system and the rights-of-way of such highways; provided, however, that if any person commits an offense upon the state highway system and be pursued by a member of the Highway Safety Patrol, such patrol officer may pursue and apprehend such offender upon any of the highways or public roads of this state, or to any other place to which such offender may flee.
    2. To enforce all rules and regulations of the commissioner promulgated pursuant to legal authority.
    3. When so directed by the Governor, to enforce any of the laws of this state upon any of the highways or public roads thereof.
    4. Upon the request of the State Tax Commission, and with the approval of the Governor, to enforce all of the provisions of law with reference to the registration, license and taxation of vehicles using the highways of this state, and relative to the sizes, weights and load limits of such vehicles, and to enforce the provisions of all other laws administered by the State Tax Commission upon any of the highways or public roads of this state; and for such purpose the Highway Safety Patrol shall have the authority to collect and receive all taxes which may be due under any of such laws, and to report and remit same to the State Tax Commission in the manner required by law, or the rules and regulations of the commission.
    5. Upon request of the Mississippi Transportation Commission, and when so instructed by the commissioner, to aid and assist in the enforcement of all laws which such agencies are authorized or required to enforce, and in the enforcement of the rules and regulations of such agencies, including the Mississippi Motor Carrier Regulatory Law of 1938 and rules and regulations promulgated thereunder.
    6. To arrest without warrant any person or persons committing or attempting to commit any misdemeanor, felony or breach of the peace within their presence or view, and to pursue and so arrest any person committing such an offense to and at any place in the State of Mississippi where he may go or be. Nothing herein shall be construed as granting the Mississippi Highway Safety Patrol general police powers.
    7. To aid and assist any law enforcement officer whose life or safety is in jeopardy. Additionally, officers of the Highway Safety Patrol may arrest without warrant any fugitive from justice who has escaped or who is using the highways of the state in an attempt to flee. With the approval of the commissioner or his designee, officers of the Highway Safety Patrol may assist other law enforcement agencies in manhunts for convicted felons who have escaped and/or for alleged felons where there is probable cause to believe that the person being sought committed the felony and a felony had actually been committed.
    8. To cooperate with the State Forest Service by reporting all forest fires.
    9. Upon request of the sheriff or his designee, or board of supervisors of any county or the chief of police or mayor of any municipality, and when so instructed by the commissioner or his designee, to respond to calls for assistance in a law enforcement incident; such request and action shall be noted and clearly reflected on the radio logs of both the Mississippi Highway Safety Patrol district substation and that of the requesting agency, entered on the local NCIC terminal, if available, and a request in writing shall follow within forty-eight (48) hours. Additionally, the time of commencement and termination of the specific law enforcement incident shall be clearly noted on the radio logs of both law enforcement agencies.
  2. The Legislature declares that the primary law enforcement officer in any county in the State of Mississippi is the duly qualified and elected sheriff thereof, but for the purposes of this subsection there is hereby vested in the Department of Public Safety, in addition to the powers hereinabove mentioned and the other provisions of this section under the terms and limitations hereinafter mentioned and for the purpose of insuring domestic tranquility and for the purpose of preventing or suppressing, or both, crimes of violence, acts and conduct calculated to, or which may, provoke or lead to violence and/or incite riots, mobs, mob violence, a breach of the peace, and acts of intimidation or terror, the powers and duties to include the enforcement of all the laws of the State of Mississippi relating to such purposes, to investigate any violation of the laws of the State of Mississippi and to aid in the arrest and prosecution of persons charged with violating the laws of the State of Mississippi which relate to such purposes. Investigators of the Bureau of Investigation of the Department of Public Safety shall have general police powers to enforce all the laws of the State of Mississippi. All officers of the Department of Public Safety charged with the enforcement of the laws administered by that agency, for the purposes herein set forth, shall have full power to investigate, prevent, apprehend and arrest law violators anywhere in the state, and shall be vested with the power of general police officers in the performance of their duties. The officers of the Department of Public Safety are authorized and empowered to carry and use firearms and other weapons deemed necessary in the discharge of their duties as such and are also empowered to serve warrants and subpoenas issued under the authority of the State of Mississippi. The Governor shall be authorized to offer and pay suitable rewards to persons aiding in the investigation, apprehension and conviction of persons charged with acts of violence, or threats of violence or intimidation or acts of terrorism. The additional powers herein granted to or vested in the Department of Public Safety or any of its officers or employees by this section, excepting investigating powers, and those powers of investigators who shall have general police power, being the investigators in the Bureau of Investigation of the Department of Public Safety, shall not be exercised by the Department of Public Safety, or any of its officers or employees, except upon authority and direction of the Governor or Acting Governor, by proclamation duly signed, in the following instances, to wit:
    1. When requested by the sheriff or board of supervisors of any county or the mayor of any municipality on the grounds that mob violence, crimes of violence, acts and conduct of terrorism, riots or acts of intimidation, or either, calculated to or which may provoke violence or incite riots, mobs, mob violence, violence, or lead to any breach of the peace, or either, and acts of intimidation or terror are anticipated, and when such acts or conduct in the opinion of the Governor or Acting Governor would provoke violence or any of the foregoing acts or conduct set out in this subsection, and the sheriff or mayor, as the case may be, lacks adequate police force to prevent or suppress the same.
    2. Acting upon evidence submitted to him by the Department of Public Safety, or other investigating agency authorized by the Governor or Acting Governor to make such investigations, because of the failure or refusal of the sheriff of any county or mayor of any municipality to take action or employ such means at his disposal, to prevent or suppress the acts, conduct or offenses provided for in subsection (1) of this section, the Governor or Acting Governor deems it necessary to invoke the powers and authority vested in the Department of Public Safety.
    3. The Governor or Acting Governor is hereby authorized and empowered to issue his proclamation invoking the powers and authority vested by this paragraph, as provided in paragraphs (a) and (b) of this subsection, and when the Governor or Acting Governor issues said proclamation in accordance herewith, said proclamation shall become effective upon the signing thereof and shall continue in full force and effect for a period of ninety (90) days, or for a shorter period if otherwise ordered by the Governor or Acting Governor. At the signing of the proclamation by the Governor or Acting Governor, the Department of Public Safety and its officers and employees shall thereupon be authorized to exercise the additional power and authority vested in them by this paragraph. The Governor and Acting Governor may issue additional proclamations for periods of ninety (90) days each under the authority of paragraphs (a) and (b) of this subsection (2).
  3. All proclamations issued by the Governor or Acting Governor shall be filed in the Office of the Secretary of State on the next succeeding business day.
  4. It is not the intention of this section to vest the wide powers and authority herein provided for, as general powers of the Department of Public Safety, and the same are not hereby so vested, but to limit these general powers to cases and incidents wherein it is deemed necessary to prevent or suppress the offenses and conditions herein mentioned in this and other subsections of this section, and under the terms and conditions hereinabove enumerated, it being the sense of the Legislature that the prime duties of the Department of Public Safety are to patrol the highways of this state and enforce the highway safety laws.
  5. Patrol officers shall have no interest in any costs in the prosecution of any case through any court; nor shall any patrol officer receive any fee as a witness in any court held in this state, whether a state or federal court.
  6. Provided, however, that the general police power vested by virtue of the terms of subsection (2) of this section is solely for the purposes set out in said subsection.

HISTORY: Codes, 1942, §§ 8082, 8082-01; Laws, 1938, ch. 143; Laws, 1944, ch. 330, § 2; Laws, 1946, ch. 420, § 4; Laws, 1964, ch. 324, § 10; Laws, 1968, ch. 538, § 1; Laws, 1972, ch. 304, § 1; Laws, 1976, ch. 337; Laws, 1980, ch. 527; Laws, 1984, ch. 350; Laws, 1986, ch. 310; Laws, 1988, ch. 520; Laws, 1991, ch. 589, § 1; Laws, 1993, ch. 332, § 1; Laws, 1994, ch. 447, § 1; Laws, 1995, ch. 342, § 1; Laws, 1996, ch. 318, § 1; Laws, 1999, ch. 498, § 1; Laws, 2002, ch. 419, § 1; Laws, 2007, ch. 439, § 1; Laws, 2007, ch. 498, § 2, eff from and after July 1, 2007.

Editor’s Notes —

Laws of 2007, ch. 498, § 3 provides:

“SECTION 3. It is the intent of the Legislature that the amendments to Sections 77-7-16 and 45-3-21, Mississippi Code of 1972, contained in Laws of 2007, ch. 498, shall supercede the amendments to Section 77-7-16 contained in Laws of 2007, ch. 304, and to Section 45-3-21, contained in Laws of 2007, ch. 439.”

Section 27-3-4 provides that the terms “ ‘Mississippi State Tax Commission,’ ‘State Tax Commission,’Tax Commission’ and ‘commission’ appearing in the laws of this state in connection with the performance of the duties and functions by the Mississippi State Tax Commission, the State Tax Commission or Tax Commission shall mean the Department of Revenue.”

Amendment Notes —

The 2002 amendment redesignated the paragraphs and subparagraphs of the section as (1)(a) through (i), (2)(a) through (c), (3), (4), (5) and (6); and made stylistic changes throughout.

The first 2007 amendment (ch. 439), in (2), substituted “Bureau of Investigation of the Department of Public Safety” for “Mississippi Criminal Investigation Bureau of the Department of Public Safety” in the second and last sentences.

The second 2007 amendment (ch. 498), in (1)(e), substituted “Mississippi Transportation Commission” for “State Highway Commission or Public Service Commission,” and added “including the Mississippi Motor Carrier Regulatory Law of 1938 and rules and regulations promulgated thereunder” at the end; and substituted “Bureau of Investigation” for “Mississippi Criminal Investigation Bureau” both times it appears in the introductory paragraph of (2).

Cross References —

Duties of Highway Safety Patrol and local law enforcement agencies with respect to the registration of sex offenders, see §§45-33-21 et seq.

Duty of highway patrol to investigate accidents required to be reported to Department of Public Safety, see §63-3-411.

Uniform Traffic Ticket Law, see §63-9-21.

Issuance of citations in lieu of arrest, see §§63-10-1 et seq.

Mississippi Transportation Commission, see §65-1-3.

Mississippi Motor Carrier Regulatory Law of 1938, see §§77-7-1 et seq.

JUDICIAL DECISIONS

1. In general.

Highway patrolmen are not peace officers in the sense that sheriffs, constables and policemen are such to enforce general laws of state, but act within limited sphere of authority granted them under this statute [Code 1942, § 8082] and Code 1942, § 8079. Smith v. Rankin County, 208 Miss. 792, 45 So. 2d 592, 1950 Miss. LEXIS 300 (Miss. 1950).

State highway patrolman, not being peace officer, has same authority that private citizen would have to make arrest of fleeing homicide under same circumstances, and no more, and would be entitled to receive statutory reward the same as if he had been private citizen and had made arrest and delivery of prisoner under circumstances provided for by Code 1942, § 2482. Smith v. Rankin County, 208 Miss. 792, 45 So. 2d 592, 1950 Miss. LEXIS 300 (Miss. 1950).

A highway patrolman is not vested with authority to begin chasing a motorist on the highway unless at the time he has good reason to believe, and does believe, that the motorist has or is violating the law at the time that the chase is begun. Gause v. State, 203 Miss. 377, 34 So. 2d 729, 1948 Miss. LEXIS 282 (Miss. 1948).

OPINIONS OF THE ATTORNEY GENERAL

Legislature removed limitation on highway patrol that it could make arrest for crime committed in presence of officer only upon highway or rights-of-way, and that highway patrol officer may make arrest for misdemeanor, felony or breach of peace committed in his or her presence anywhere in State of Mississippi. Huffman, April 26, 1990, A.G. Op. #90-0278.

Highway patrolman may not enforce municipal ordinances, including traffic ordinances; highway patrolman may pursue person who has committed offense upon state highway system onto any of highways or public roads of state and additionally, highway patrolmen may assist chief of police in a law enforcement incident. Buffington Sept. 1, 1993, A.G. Op. #93-0601.

RESEARCH REFERENCES

ALR.

Validity of routine roadblocks by state or local police for purpose of discovery of vehicular or driving violations. 37 A.L.R.4th 10.

Failure to restrain drunk driver as ground of liability of state or local government unit or officer. 48 A.L.R.4th 320.

Liability for injury or damages resulting from operation of vehicle in funeral procession or in procession which is claimed to have such legal status. 52 A.L.R.5th 155.

Validity of police roadblocks or checkpoints for purpose of discovery of alcoholic intoxication – post-Sitz cases. 74 A.L.R.5th 319.

Validity of police roadblocks or checkpoints for purpose of discovery of illegal narcotics violations. 82 A.L.R.5th 103.

Am. Jur.

70 Am. Jur. 2d, Sheriffs, Police, and Constables §§ 30, 31, 39.

CJS.

80 C.J.S., Sheriffs and Constables §§ 51 et seq.

Lawyers’ Edition.

Law enforcement officer’s authority, under Federal Constitution’s Fourth Amendment, to stop and briefly detain, and to conduct limited protective search of or “frisk,” for investigative purposes, person suspected of criminal activity – Supreme Court cases. 104 L. Ed. 2d 1046.

§ 45-3-23. Commissioner not to impose rule which impedes enforcement of traffic laws.

It shall be unlawful for the commissioner to impose any rule of limitation of daily mileage travel or any other rule which will impede highway patrolmen from effectively enforcing the traffic laws in their jurisdiction of assignment. The commissioner will insure that patrolmen spend the maximum amount of their daily work schedule within the highway rights-of-way as a deterrent to traffic violations.

HISTORY: Codes, 1942, § 8079; Laws, 1938, ch. 143; Laws, 1940, ch. 167; Laws, 1944, ch. 330, § 1; Laws, 1946, ch. 420, § 2; Laws, 1948, ch. 343, § 2; Laws, 1950, ch. 407, § 1; Laws, 1952, ch. 357, § 1; Laws, 1956, ch. 377, § 1; Laws, 1960, ch. 338, § 1; Laws, 1962, ch. 515; Laws, 1964, ch. 324, § 9; Laws, 1966, ch. 568, § 1; Laws, 1968, ch. 472, § 1; Laws, 1970, ch. 482; Laws, 1971, ch. 518, § 1; Laws, 1972, ch. 527, § 1; Laws, 1973, ch. 485, § 1, eff from and after July 1, 1973.

§ 45-3-25. Patrolman preferring traffic charge to forward abstract of court record.

Whenever any patrolman shall prefer any traffic charge whatsoever against any person in any court, it shall be the duty of such patrolman, upon the termination of such proceeding, to mail two (2) copies of the abstract of the court record immediately to the Commissioner of Public Safety at Jackson, Mississippi, showing the nature of the charge preferred, the date of the trial upon such charge, the disposition of the matter by the court and the sentence, if any, imposed by the court. Such abstract shall be signed by the presiding judge of the court in which the charge was preferred. Upon receipt of such abstracts, it shall be the duty of the commissioner to retain a copy for the use of, and inspection by, the State Auditor.

HISTORY: Codes, 1942, § 8082-11; Laws, 1946, ch. 420, § 12; Laws, 1964, ch. 324, § 11; Laws, 2009, ch. 546, § 14, eff from and after passage (approved Apr. 15, 2009.).

Amendment Notes —

The 2009 amendment substituted “to retain a copy for the use of and inspection by, the State Auditor” for “to immediately transmit one (1) copy thereof to the state auditor of public accounts” at the end of the section.

§ 45-3-27. Bearing of arms; compliance with dress regulations.

Members of the highway safety patrol shall be entitled to bear arms in the discharge of their duties. Said members shall, while in the discharge of their duties, wear such dress, uniform, and insignia, and carry such credentials as shall be prescribed by the commissioner.

HISTORY: Codes, 1942, § 8088; Laws, 1938, ch. 143; Laws, 1964, ch. 324, § 12, eff from and after passage (approved May 22, 1964).

Cross References —

Right of Highway Commission security guards to bear arms, see §65-1-131.

§ 45-3-29. Penalty for impersonating patrolman; exception for county patrolman; exception for retired patrolman with prior authorization from commissioner.

  1. Except as otherwise authorized under this section, it shall be unlawful for any person not authorized so to do to impersonate a state highway safety patrolman, wear or use the insignia or uniform thereof, or to in anywise imitate or impersonate such patrolman. Any person adjudged guilty of violating this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than One Hundred Dollars ($100.00) or by imprisonment in the county jail, where such offense is committed, for a term not exceeding one (1) year, or by both such fine and imprisonment. Nothing in this section, however, shall be construed to prevent or preclude the boards of supervisors of the several counties from employing county highway patrolmen as presently authorized by law, and said county patrolmen shall, when authorized by the commissioner and under rules and regulations with respect thereto, after completing such examinations and meeting such requirements as are specified by the commissioner, be entitled to wear the uniform and insignia of state highway safety patrolmen and discharge the duties thereof.
  2. It shall not be unlawful or a violation of this section for a retired State Highway Safety Patrol officer to wear the uniform and insignia of the State Highway Safety Patrol when making presentations, delivering speeches or addressing public or private audiences for the purpose of entertaining or amusing such audiences provided such retired officer obtains written authorization from the Commissioner of Public Safety before engaging in such events. The approval of the commissioner shall not be required for each separate event but shall remain effective as an authorization for all such events until revoked or rescinded by the commissioner.

HISTORY: Codes, 1942, § 8088; Laws, 1938, ch. 143; Laws, 1964, ch. 324, § 12; Laws, 2000, ch. 521, § 1, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Prohibition against county highway patrolmen wearing uniforms that are the same as or substantially identical to those worn by State Highway Safety patrolmen, see §§45-7-3,45-7-23.

Employment of county highway patrolmen, see §§45-7-1 et seq.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

RESEARCH REFERENCES

Am. Jur.

32 Am. Jur. 2d, False Personation § 6.

CJS.

35 C.J.S., False Personation § 3.

§ 45-3-31. Uniforms, automobiles and other equipment.

The commissioner is authorized to purchase (a) uniforms for the members of the highway safety patrol at a price not to exceed One Hundred Fifty Dollars ($150.00) each, (b) automobiles, motorcycles and other equipment necessary for the efficient operation of the highway safety patrol, but the number of passenger automobiles purchased, owned or operated by the highway safety patrol shall not exceed the number set forth in Section 25-1-85, Mississippi Code of 1972, and (c) identification equipment in a sum of not more than Ten Thousand Dollars ($10,000.00). The commissioner is further authorized to purchase or lease necessary equipment for two-way radio sub and booster stations, and he may equip each of the patrol automobiles with sending and receiving radios, of a type to be selected by him, within the limits of any appropriation made therefor. The commissioner may trade in used equipment on the purchase of new equipment or other materials.

The commissioner shall allow and furnish to each patrolman at least two (2) complete uniforms per year. The commissioner shall keep all automobiles, motorcycles and other equipment in good state of repair and pay the expenses incident thereto, and he is authorized to pay the expenses of maintaining and operating necessary equipment for two-way radio sub and booster stations purchased or leased.

HISTORY: Codes, 1942, § 8083; Laws, 1938, ch. 143; Laws, 1940, ch. 167; Laws, 1944, ch. 330, § 2; Laws, 1946, ch. 420, § 5; Laws, 1948, ch. 343, § 3; Laws, 1950, ch. 407, § 2; Laws, 1956, ch. 377, § 3, eff July 1, 1956.

Editor’s Notes —

Section 25-1-85 referred to in the first paragraph was repealed by Laws of 2001, ch. 561, § 2, eff from and after passage (approved April 7, 2001).

§ 45-3-33. Uniforms, automobiles and other equipment; advertising for bids.

Except as is otherwise provided in Section 25-1-85, Mississippi Code of 1972, the commissioner shall, before buying any equipment or other materials where the amount is in excess of Five Hundred Dollars ($500.00), advertise in at least one (1) newspaper published in the city of Jackson, his intention of buying such materials or equipment (and, if such be the case, his intention to trade in any used equipment on the purchase price of said materials or equipment) by at least one (1) publication in such paper at least ten (10) days before the equipment or materials shall be purchased, and shall receive bids thereupon. In advertising for bids for automobiles and motorcycles, the commissioner shall have the authority to specify the make and model desired. Said equipment or materials shall be purchased from such persons, firms or corporations submitting the best and lowest bid for the particular class of equipment or materials desired. In the case of purchasing automobiles or motorcycles, there shall be at least two (2) bids submitted for each type desired.

HISTORY: Codes, 1942, § 8083; Laws, 1938, ch. 143; Laws, 1940, ch. 167; Laws, 1944, ch. 330, § 2; Laws, 1946, ch. 420, § 5; Laws, 1948, ch. 343, § 3; Laws, 1950, ch. 407, § 2; Laws, 1956, ch. 377, § 3, eff July 1, 1956.

Editor’s Notes —

Section 25-1-85 referred to in this section was repealed by Laws of 2001, ch. 561, § 2, eff from and after passage (approved April 7, 2001).

§ 45-3-35. Camera equipment for patrol cars.

The commissioner of public safety is hereby authorized to procure and equip, in addition to any other equipment required, each patrol car used in the patrolling of the highways of this state, with a suitable camera equipped for making flashlight photographs either during the day time or night time. The cost of each such camera shall not exceed the sum of One Hundred Dollars ($100.00).

Before making purchase hereof the commissioner of public safety shall advertise his intention of buying same by one publication in at least one (1) newspaper having general circulation in the State of Mississippi, at least ten (10) days before the purchase of such equipment, which advertisement shall distinctly describe the articles to be purchased and shall receive sealed bids thereon, which shall be opened in public at a time and place to be specified in the advertisement. In addition to the purchase of the necessary cameras the commissioner is authorized to purchase all necessary films, developing equipment, and other supplies necessary for the development of negatives for the production of the finished photograph. Such additional supplies shall be purchased from the person, firm, or corporation submitting the lowest and best bid for the particular camera and other supplies desired. The commissioner reserves the right to reject any and all bids submitted.

Every patrolman who shall be required to use a camera in the performance of his official duties shall be adequately trained and instructed as to the proper use of the equipment before attempting to make photographs.

The commissioner is authorized to employ not exceeding two (2) persons at a salary not to exceed an average of Two Hundred and Twenty Dollars ($220.00) per month for use in developing and perfecting photographs taken.

All negatives of any official picture taken and at least one (1) copy of each finished photograph of each such negative shall be properly identified and filed as a part of the records of the office of the commissioner of public safety.

HISTORY: Codes, 1942, § 8229-17; Laws, 1948, ch. 343, § 25; Laws, 1950, ch. 407, § 6; Laws, 1952, ch. 357, § 4.

§ 45-3-37. Markings on patrol cars.

The state patrol insignia shall be placed on each door of all cars used patrolling the highways and, in addition, such cars may have such other distinguishing markings as the commissioner of public safety shall deem proper.

HISTORY: Codes, 1942, § 8083; Laws, 1938, ch. 143; Laws, 1940, ch. 167; Laws, 1944, ch. 330, § 2; Laws, 1946, ch. 420, § 5; Laws, 1948, ch. 343, § 3; Laws, 1950, ch. 407, § 2; Laws, 1956, ch. 377, eff July 1, 1956.

§ 45-3-39. Prohibition as to personal use of cars, materials and equipment.

No state officer or other person shall utilize at any time any uniform, car, material or equipment of the Mississippi Highway Safety Patrol for his personal use or for private purposes except in an emergency, and except to the extent authorized by Section 25-1-85, Mississippi Code of 1972. A breach of this provision shall constitute a misdemeanor punishable by a fine not to exceed One Hundred Dollars ($100.00), or thirty (30) days in jail, or both. Nothing in this section, however, shall be construed to apply to the Governor or Lieutenant Governor of the State of Mississippi.

HISTORY: Codes, 1942, §§ 8083, 8085; Laws, 1938, ch. 143; Laws, 1940, ch. 167; Laws, 1944, ch. 330, § 2; ch. 331, § 1; Laws, 1946, ch. 420, §§ 5, 6; Laws, 1948, ch. 343, §§ 3, 4; Laws, 1950, ch. 407, §§ 2, 3; Laws, 1956, ch. 377, §§ 2, 3, eff July 1, 1956.

Editor’s Notes —

Section 25-1-85 referred to in this section was repealed by Laws of 2001, ch. 561, § 2, eff from and after passage (approved April 7, 2001).

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 45-3-41. Radio receiving sets may be installed in certain counties and municipalities.

  1. Any county or municipality now or hereafter having a twenty-four (24) hour law enforcement system is hereby authorized by an order duly entered upon the minutes of such governing authority thereof to request the Mississippi Highway Safety Patrol to purchase and install in some permanent office provided therefor a proper and suitable radio receiving set, subject to the approval of the Mississippi Highway Safety Patrol.
  2. The Mississippi Highway Safety Patrol shall, upon the receipt of such request by any such municipality or county, purchase and install in such county or municipality in a building provided by such county or municipality a proper and suitable radio receiving set, which shall be tuned or adjusted in order to receive broadcasts from the radio station or stations operated by the Mississippi Highway Safety Patrol. The county or municipality making such request when such receiving set is duly installed shall reimburse the state highway patrol for all sums paid out in the purchase price of such set.

HISTORY: Codes, 1942, § 8090-01; Laws, 1944, ch. 324, §§ 1, 2.

§ 45-3-43. Radio substations and booster stations for use of highway safety patrol.

The board of supervisors of any county and the mayor and board of aldermen, or other governing body of any municipality, are hereby authorized and empowered, in their discretion, to construct and erect radio substations and booster stations for the use of the highway safety patrol, to install therein suitable and necessary radio receiving and transmitting equipment, and to appropriate funds for such purposes from the general county or municipal fund, as the case may be.

In the purchase and installation of such radio transmitting and receiving equipment the said board of supervisors or governing authority may authorize the commissioner of public safety to make the purchase and installation thereon on behalf of the county or municipality, as the case may be, and may pay the cost of such purchase and installation out of the county or municipal general fund.

HISTORY: Codes, 1942, § 8090-02; Laws, 1948, ch. 344, § 1.

§ 45-3-45. Training school for patrolmen.

The commissioner is hereby authorized to set up a training school for patrolmen. He shall prescribe the rules and regulations for the operation of same and the period of training to be required of appointees to the Mississippi Highway Safety Patrol. However, the period of training for recruits shall not be less than eighty (80) days. The expense of such training shall be paid in the same manner as other expenses of the patrol.

HISTORY: Codes, 1942, § 8086; Laws, 1938, ch. 143; Laws, 1962, ch. 516; Laws, 1964, ch. 453, § 1; Laws, 2002, ch. 343, § 1, eff from and after passage (approved Mar. 18, 2002.).

Amendment Notes —

The 2002 amendment substituted “eighty (80) days” for “thirty (30) days” in the next to last sentence.

§ 45-3-47. Training school for patrolmen; selection program.

  1. The selection program for such training school shall consist of application, examination, investigation and interview:
    1. Application.— The commissioner shall prescribe an application that shall contain a case history of the applicant, fingerprints, picture of the applicant, certified copies of birth certificate and transcript of school records. Said application may include certified copies of any discharge from the services of the United States government.
    2. Examination.— The commissioner shall adopt a standardized test for applicants and each shall be required to take the prescribed examination on a competitive basis. The commissioner shall further require a physical examination by a staff of competent doctors to determine that each applicant selected is in good physical condition, including height-weight ratio as recommended by the United States Air Force, with no deformities.
    3. Investigation.— The commissioner shall require an investigation of each applicant to determine that he or she is of good moral character, between the ages of twenty-three (23) and thirty-two (32), that he or she has completed a high school education, and that he or she is honest, reliable, loyal and above reproach.
    4. Interview.— The commissioner shall require an interview of each applicant considered for patrol service to be conducted and may require an interview with his family if necessary to determine that the applicant fulfills the requirements as prescribed in paragraph (c), as well as any other rules and regulations that may be prescribed. The commissioner may at his discretion require the services of psychiatrists, doctors, police officers or other professional people in conducting such interviews.
  2. Before any person may be selected to attend a school or be appointed as a member of the Mississippi Highway Safety Patrol, the applicant must fulfill all the requirements as prescribed in this section and meet the standards prescribed in this section and meet the standards prescribed by the department, and may be required to submit to a polygraph examination in connection with the employment application.
  3. All applications, birth certificates, transcripts and other records submitted by an applicant shall become the property of the State of Mississippi and the department of public safety, shall be held confidential and shall not be discoverable by judicial process. Such records may be destroyed after five (5) years from the time of application.

HISTORY: Codes, 1942, § 8086; Laws, 1938, ch. 143; Laws, 1962, ch. 516; Laws, 1964, ch. 453, § 1; Laws, 1981, ch. 511, § 4, eff from and after passage (approved April 20, 1981).

JUDICIAL DECISIONS

1. In general.

While the drastic remedy of quota hiring is not indicated or necessary at this time, pattern of past racial discrimination by the Mississippi Highway Patrol mandates that the Patrol be temporarily required to first offer appointment to every black applicant who meets the following minimal qualifications which the court has determined to be valid: (1) the applicant passes the approved test; (2) he/she meets the statutory educational requirement; (3) he/she passes the physical examination and successfully completes training school; (4) he/she passes the Patrol’s standardized background investigation. Morrow v. Dillard, 412 F. Supp. 494, 1976 U.S. Dist. LEXIS 15797 (S.D. Miss. 1976), aff'd in part and rev'd in part, 580 F.2d 1284, 1978 U.S. App. LEXIS 8724 (5th Cir. Miss. 1978).

In case involving alleged racial discrimination in employment practices of Mississippi Highway Patrol, U. S. District Court failed to order sufficient affirmative relief to eradicate state’s unconstitutional practices, and case would be remanded, with guidelines, to fashion an appropriate decree which will have the certain result of increasing the number of blacks on the Highway Patrol. Morrow v. Crisler, 491 F.2d 1053, 1974 U.S. App. LEXIS 9461 (5th Cir. Miss.), cert. denied, 419 U.S. 895, 95 S. Ct. 173, 42 L. Ed. 2d 139, 1974 U.S. LEXIS 2927 (U.S. 1974).

§ 45-3-49. Penalty for violating provisions of chapter.

It is a misdemeanor for any person to violate any of the provisions of this chapter unless such violation is declared by such law or other law of this state to be a felony.

Unless another penalty is provided in this chapter or by the laws of this state, every person convicted of a misdemeanor for the violation of any provision of this chapter shall be punished by fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment.

HISTORY: Codes, 1942, § 8089; Laws, 1938, ch. 143.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any felony violation, see §99-19-73.

§ 45-3-51. Retirants or beneficiaries of officers killed in line of duty permitted to retain one sidearm.

Each member of the Mississippi Highway Safety Patrol or agent of the Mississippi Bureau of Narcotics who retires under the Highway Safety Patrol Retirement System or the Public Employees’ Retirement System, for superannuation or for reason of disability or a beneficiary of such member of the Highway Safety Patrol or agent of the Mississippi Bureau of Narcotics who is killed in the line of duty shall be allowed to retain, as his personal property, one (1) sidearm which was issued under authority of Section 45-3-19 or 41-29-159. Likewise, a beneficiary of any law enforcement officer killed in the line of duty shall be allowed to retain the officer’s sidearm.

HISTORY: Laws, 1975, ch. 358; Laws, 1999, ch. 484, § 1; Laws, 2010, ch. 550, § 1, eff from and after passage (approved Apr. 28, 2010.).

Amendment Notes —

The 2010 amendment inserted “or a beneficiary of such member of the Highway Safety Patrol or agent of the Mississippi Bureau of Narcotics who is killed in the line of duty” in the first sentence; and added the last sentence.

Cross References —

Marine patrol officers of Department of Marine Resources permitted to keep side arm upon retirement, see §49-15-22.

§ 45-3-52. Retention by officers of assigned dogs retired from service.

A member of the Mississippi Highway Safety Patrol or any other certified law enforcement officer shall be allowed to retain as his personal property any dog assigned to such member when the dog is retired from service.

HISTORY: Laws, 2004, ch. 491, § 1, eff from and after July 1, 2004.

§ 45-3-53. Distinctive marker on cemetery memorials for Highway Safety Patrol officers killed in line of duty; markers for other officers.

  1. The Department of Public Safety shall place a distinctive marker on the cemetery memorial of each Mississippi Highway Safety Patrol officer who is killed in the performance of his or her official duties. The distinctive marker shall be designed by the Department of Public Safety with the advice and recommendation of the Mississippi State Troopers’ Association.
  2. The funding for the distinctive markers shall be made from any funds appropriated by the Legislature to the Department of Public Safety or from any gifts, grants or donations received by the Department of Public Safety for the purpose of providing the distinctive markers.
  3. This section shall apply to all Mississippi Highway Safety Patrol officers who have given their lives in the performance of their official duties before and after July 1, 2000.
  4. Any Highway Safety Patrol officer may secure a distinctive marker as authorized in subsection (1) of this section if it is paid for with funds other than funds appropriated by the Legislature to the Department of Public Safety.

HISTORY: Laws, 2000, ch. 502, § 1, eff from and after July 1, 2000.

§ 45-3-55. Mississippi Highway Patrol Troop “D” substation named “Robert ‘Bunky’ Huggins Substation.”

The Mississippi Highway Patrol Troop “D” substation located in the Greenwood, Mississippi, District, shall be named the “Robert ‘Bunky’ Huggins Substation.” The Department of Public Safety shall place a distinctive plaque in a prominent place within the building, which states the background, accomplishments and service of the late Senator Robert “Bunky” Huggins to the State of Mississippi.

HISTORY: Laws, 2007, ch. 529, § 1, eff from and after passage (approved Apr. 18, 2007.).

§ 45-3-57. Mississippi Department of Public Safety’s Highway Patrol District Office designated “Charles L. Young, Sr., District Office.”

The Mississippi Department of Public Safety’s Highway Patrol District Office, located in Meridian, Lauderdale County, Mississippi, which serves as the command center for Troop H of the Mississippi Highway Patrol, shall be named the “Charles L. Young, Sr., District Office.” The Department of Finance and Administration shall prepare or have prepared a distinctive plaque, to be placed in a prominent place within the building, that states the background, accomplishments and service to the state of the Honorable Charles L. Young, Sr. The Department of Finance and Administration in conjunction with the Mississippi Department of Public Safety’s Highway Patrol Division shall erect or cause to be erected proper lettering or signage on the outdoor facade of the building displaying the official name of the building as the “Charles L. Young, Sr., District Office.”

HISTORY: Laws, 2011, ch. 508, § 6, eff from and after July 1, 2011.

Editor’s Notes —

Laws of 2011, ch. 508, § 7, provides:

“SECTION 7. This act shall take effect and be in force from and after its passage, except for Sections 4, 5 and 6, which shall take effect and be in force from and after July 1, 2011.”

Chapter 4. County Jail Officers Training Program

§ 45-4-1. Legislative findings and intent.

The Legislature finds that the administration of jails and youth detention facilities is of statewide concern, and that the activities of jail officers are important to the health, safety and welfare of the people of this state and are of such nature as to require education and training of a professional nature of jail officers. It is the intent of the Legislature to provide for the coordination of training programs and the establishment of standards for jail officers.

HISTORY: Laws, 1999, ch. 482, § 1; Laws, 2000, ch. 515, § 4, eff from and after July 1, 2000.

Cross References —

Law enforcement officers training academy, see §§45-5-1 et seq.

Law enforcement officers training program, see §§45-6-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Any training completed by a jail officer employed by a regional correctional facility that is mandated by a court order or a contract between the regional correctional facility and the Mississippi Department of Corrections may be considered by the Board on Jail Officers Standards and Training (BJOST) in determining if the officer meets the minimum requirements set by the BJOST. Grimmett, Apr. 27, 2001, A.G. Op. #01-0226.

§ 45-4-3. Board on Jail Officer Standards and Training; creation; membership; officers; reports.

  1. There is hereby created the Board on Jail Officer Standards and Training, which shall consist of nine (9) members.
  2. The members shall be appointed as follows:
    1. Two (2) members to be appointed by the Mississippi Association of Supervisors.
    2. Three (3) members to be appointed by the Mississippi Association of Sheriffs.
    3. One (1) member to be appointed by the Mississippi Community College Board.
    4. One (1) member to be appointed by the Governor.
    5. One (1) member to be appointed by the Mississippi Association of Chiefs of Police.
    6. One (1) member to be appointed by the Mississippi Municipal League.

      The initial appointments to the board shall be made no later than twenty (20) days after July 1, 1999, as follows:

      The Mississippi Association of Supervisors shall appoint one (1) member for a term of one (1) year and one (1) member for a term of three (3) years.

      The Mississippi Association of Sheriffs shall appoint one (1) member for a term of one (1) year, one (1) member for a term of two (2) years and one (1) member for a term of three (3) years.

      The Mississippi Community College Board shall appoint one (1) member for a term of two (2) years.

      The Governor shall appoint one (1) member for a term of two (2) years.

      The Mississippi Association of Chiefs of Police shall appoint one (1) member for a term of two (2) years not later than twenty (20) days after July 1, 2000.

      The Mississippi Municipal League shall appoint one (1) member for a term of two (2) years not later than twenty (20) days after July 1, 2000.

      Upon the expiration of the terms of the initial appointees to the board, each subsequent appointment shall be made for a term of three (3) years, beginning on the date of the expiration of the previous term. A vacancy in any appointed position on the board prior to the expiration of a term shall be filled by appointment for the balance of the unexpired term.

  3. Members of the board shall serve without compensation, but shall be entitled to receive reimbursement for any actual and reasonable expenses incurred as a necessary incident to such service, including mileage, as provided in Section 25-3-41, Mississippi Code of 1972.
  4. There shall be a chairman and a vice chairman of the board, elected by and from the membership of the board. The board shall adopt rules and regulations governing times and places for meetings and governing the manner of conducting its business, but the board shall meet at least every three (3) months. Any member who is absent for three (3) consecutive regular meetings of the board may be removed by a majority vote of the board.
  5. The Governor shall call an organizational meeting of the board not later than thirty (30) days after July 1, 1999.
  6. The board shall report annually to the Governor and the Legislature on its activities, and may make such other reports as it deems desirable.

HISTORY: Laws, 1999, ch. 482, § 2; Laws, 2000, ch. 515, § 5; Laws, 2014, ch. 397, § 60, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” in (2)(c) and in the fourth undesignated paragraph in (f).

§ 45-4-5. Powers of board.

In addition to the powers conferred upon the Board on Jail Officer Standards and Training elsewhere in this chapter, the board shall have power to:

Promulgate rules and regulations for the administration of this chapter including the authority to require the submission of reports and information by criminal justice departments.

Establish minimum educational and training standards for employment or appointment as a jail officer or a part-time jail officer (i) in a permanent position, and (ii) in a probationary status.

Certify persons as being qualified to be jail officers or part-time jail officers.

Revoke certification for cause and in the manner provided in this chapter.

Establish minimum curriculum requirements for basic and advanced courses and programs and continuing education for schools operated by or for the state community colleges, police departments, youth detention facilities or sheriffs’ offices for the specific purpose of training jail officers.

Consult and cooperate with counties, municipalities, state agencies, other governmental agencies, and with universities, colleges, junior colleges and other institutions concerning the development of training schools, programs or courses of instruction for jail officers.

Make recommendations concerning any matter within its purview pursuant to this chapter.

Make such inspection and evaluation as may be necessary to determine if agencies are complying with the provisions of this chapter.

Approve jail officer training schools.

Upon the request of sheriffs or chiefs of police, conduct surveys or aid agencies to conduct surveys through qualified public or private agencies and assist in the implementation of any recommendations resulting from such surveys.

Upon request, conduct general and specific management surveys and studies of the operations of the requesting jails at no cost to those agencies. The role of the board under this subsection shall be that of management consultant.

Adopt and amend regulations consistent with law, for its internal management and control of board programs.

To apply for, receive and expend any federal, state or local funds or contributions, gifts, donations, grants or funds from any other source.

Enter into contracts or do such things as may be necessary and incidental to the administration of this chapter.

HISTORY: Laws, 1999, ch. 482, § 3; Laws, 2000, ch. 515, § 6, eff from and after July 1, 2000.

§ 45-4-7. Office of Standards and Training to provide administrative and fiscal support.

The Office of Standards and Training shall provide administrative and fiscal support for the Board on Jail Officer Standards and Training on jail officer standards and training, and the Director of the Office of Standards and Training shall serve as the director of the board.

HISTORY: Laws, 1999, ch. 482, § 4; Laws, 2000, ch. 515, § 7, eff from and after July 1, 2000.

§ 45-4-9. Certification required for employment as jail officer; exemption for certain jail officers.

    1. After January 1, 2000, no person shall be appointed or employed as a jail officer or a part-time jail officer unless that person has been certified as being qualified under subsection (3) of this section.
    2. No person who is required to be certified shall be appointed or employed as a jail officer by any sheriff or police department for a period to exceed two (2) years without being certified. The prohibition against the appointment or employment of a jail officer for a period not to exceed two (2) years may not be nullified by terminating the appointment or employment of such a person before the expiration of the time period and then rehiring the person for another period. Any person who, due to illness or other events beyond his control, as may be determined by the Board on jail Officer Standards and Training, does not attend the required school or training as scheduled, may serve with full pay and benefits in such a capacity until he can attend the required school or training.
    3. No person shall serve as a jail officer in any full-, part-time, reserve or auxiliary capacity during a period when that person’s certification has been suspended, cancelled or recalled pursuant to this chapter.
  1. Jail officers serving under permanent appointment on January 1, 2000, shall not be required to meet certification requirements of this section as a condition of continued employment; nor shall failure of any such jail officer to fulfill such requirements make that person ineligible for any promotional examination for which that person is otherwise eligible. If any jail officer certified under this chapter leaves his employment and does not become employed as a jail officer within two (2) years from the date of termination of his prior employment, he shall be required to comply with board policy as to rehiring standards in order to be employed as a jail officer.
  2. In addition to the other requirements of this section, the Board on jail Officer Standards and Training, by rules and regulations consistent with other provisions of law, shall fix other qualifications for the employment of jail officers, including education, physical and mental standards, citizenship, good moral character, experience and such other matters as relate to the competence and reliability of persons to assume and discharge the responsibilities of jail officers, and the board shall prescribe the means for presenting evidence of fulfillment of these requirements. Additionally, the board shall fix qualifications for the appointment or employment of part-time jail officers to essentially the same standards and requirements as jail officers. The board shall develop and implement a part-time jail officer training program that meets the same performance objectives and has essentially the same or similar content as the programs approved by the board for full-time jail officers.
    1. The Board on Jail Officer Standards and Training shall issue a certificate evidencing satisfaction of the requirements of subsections (1) and (3) of this section to any applicant who presents such evidence as may be required by its rules and regulations of satisfactory completion of a program or course of instruction in another jurisdiction equivalent in content and quality to that required by the board for approved jail officer education and training programs in this state.
    2. The Board on Jail Officer Standards and Training shall issue a certificate to any person who successfully completes the Mississippi Department of Corrections’ training program for correctional officers of regional jails.
    3. The Board on Jail Officer Standards and Training shall develop and train persons seeking certification as a correctional officer in the prevention of racial profiling. The provisions of this paragraph shall apply to all recruits who begin training on or after January 1, 2005.
  3. Professional certificates remain the property of the board, and the board reserves the right to either reprimand the holder of a certificate, suspend a certificate upon conditions imposed by the board, or cancel and recall any certificate when:
    1. The certificate was issued by administrative error;
    2. The certificate was obtained through misrepresentation or fraud;
    3. The holder has been convicted of any crime involving moral turpitude;
    4. The holder has been convicted of a felony; or
    5. Other due cause as determined by the board.
  4. When the board believes there is a reasonable basis for either the reprimand, suspension, cancellation of, or recalling the certification of a jail officer, notice and opportunity for a hearing shall be provided in accordance with law prior to such reprimand, suspension or revocation.
  5. Any jail officer aggrieved by the final findings and order of the board may file an appeal with the chancery court of the county in which the person is employed. The appeal must be filed within thirty (30) days of the final order.
  6. Any jail officer whose certification has been cancelled may reapply for certification, but not sooner than two (2) years after the date on which the order canceling the certification becomes final.

HISTORY: Laws, 1999, ch. 482, § 5; Laws, 2000, ch. 515, § 8; Laws, 2004, ch. 556, § 1, eff from and after passage (approved May 13, 2004.).

Amendment Notes —

The 2004 amendment added (4)(b) and (4)(c).

§ 45-4-11. Establishment, administration and maintenance of training programs; expenditure of funds.

  1. The Board on Jail Officer Standards and Training shall establish, provide or maintain jail officer 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 governmental entity of at least fifty percent (50%) of the allowable salary and allowable tuition, living and travel expense incurred by jail officers in attendance at approved training programs, if the governmental entity does in fact adhere to the 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 jail 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 jail officer training program.
  3. The board is authorized to expend funds for the purpose of providing a professional library and training aids that will be available to police and sheriff departments.
  4. If any jail officer in this state who is employed by a county shall, within three (3) years after the date of his employment, resign from, or be terminated from, employment by such county and immediately become employed by another governmental entity in a jail officer capacity, then the governmental entity by which the resigned or terminated officer is employed shall reimburse the county from which the officer resigned or was terminated a proportionate share of the jail officer’s training expenses which were incurred by such entity, if any.

HISTORY: Laws, 1999, ch. 482, § 6; Laws, 2000, ch. 515, § 9, eff from and after July 1, 2000.

§ 45-4-13. Governmental entities prohibited from paying salaries of uncertified jail officers.

Any governmental entity that employs a person as a jail officer who does not meet the requirements of this chapter, or who employs a person whose certificate has been suspended or revoked under provisions of this chapter, is prohibited from paying the salary of such person, or providing any public monies for the equipment or support of the jail duties of such person and any person violating this subsection shall be personally liable for making such payment.

HISTORY: Laws, 1999, ch. 482, § 7; Laws, 2000, ch. 515, § 10, eff from and after July 1, 2000.

Chapter 5. Law Enforcement Officers’ Training Academy

§ 45-5-1. Citation of chapter.

This chapter may be cited as “The Mississippi Law Enforcement Officers’ Training Academy Law of 1964.”

HISTORY: Codes, 1942, § 8086-01; Laws, 1964, ch. 324, § 1, eff from and after passage (approved May 22, 1964).

Cross References —

County jail officers training program, see §§45-4-1 et seq.

Law enforcement officers training program, see §§45-6-1 et seq.

§ 45-5-3. Public policy declared.

It is hereby declared that the state public welfare demands and the state public policy requires proper and adequate preservation of the domestic tranquility by the presence of sufficiently trained law enforcement officers on local and state levels; that the means and measures herein authorized to insure the welfare of all the citizens of the state of Mississippi are as a matter of public policy for the purpose of insuring the domestic tranquility; and that the accomplishment of the things herein authorized will preserve the present and prospective safety, morals, pursuit of happiness and general welfare of citizens of the state of Mississippi.

HISTORY: Codes, 1942, § 8086-02; Laws, § 1964, ch. 324, § 2, eff from and after passage (approved May 22, 1964).

§ 45-5-5. Establishment, supervision and purpose of law enforcement officers’ training academy; rules and regulations; director and other personnel.

The commissioner of public safety is hereby authorized and empowered to establish, maintain and supervise a “law enforcement officers’ training academy” for the purpose of providing training facilities for members of the department of public safety and such other law enforcement officers of the state, counties or municipalities as may schedule the use of the same with the commissioner.

The commissioner shall promulgate such reasonable rules and regulations as are necessary; provided, however, that any such rules and regulations shall be published and kept on file in the office of the commissioner and in the administrative office of the academy. To carry out the provisions of this chapter and any such rules and regulations, the commissioner shall appoint a director who shall answer to the commissioner in the performance of his duties. The commissioner shall employ such other technical, professional and clerical assistance as may be required from time to time, and fix their duties and compensation. All employees and other personnel must be qualified by education and experience.

HISTORY: Codes, 1942, § 8086-03; Laws, 1964, ch. 324, § 3, eff from and after passage (approved May 22, 1964).

§ 45-5-7. Instructors and curriculum.

The commissioner may furnish suitable instructors in the subject matter fields to be taught by assigning members of the Mississippi Highway Safety Patrol or by calling upon other agencies, departments, institutions or private individuals to provide competent instructors in their respective fields. In the alternative, the requesting authority may specify in its request that only the facilities be made available, the instructors being furnished by the requesting authority.

The curriculum of the academy shall be as prescribed by the commissioner; provided, however, that upon requesting the use of the academy the requesting authority may also request a particular course of instruction if the same be available.

HISTORY: Codes, 1942, § 8086-04; Laws, 1964, ch. 324, § 4, eff from and after passage (approved May 22, 1964).

Cross References —

Personnel charged with enforcement of weight and tax laws required to complete course of instruction established pursuant to this section, see §65-1-44.

§ 45-5-9. Sheriffs and mayors may appoint extra deputies and police; commissioner of public safety to judge qualifications of applicant; powers and duties of deputies; compensation and uniforms; bond.

The sheriff of each county, and the mayor of each municipality, is hereby authorized and empowered to appoint as many extra deputy sheriffs and as many extra deputy police officers, as the case may be, as he deems necessary for the purposes herein. Each applicant to the academy herein created shall be subject to approval by the Commissioner of Public Safety who shall be the sole judge of the qualifications of such applicant, and when deemed necessary for the purposes herein, the sheriff and mayor, as the case may be, shall have the power and authority to order said deputies to perform any of the duties required under this chapter, and all such deputies ordered to do so shall have the full power and authority so to do as is vested in other police or peace officers of this state. Such deputies shall be paid for services rendered such compensation and may be furnished such uniforms and equipment as may be agreed upon by the sheriff with approval of the board of supervisors, and by the mayor, with the approval of the governing authorities of such municipality, same to be paid from any available county funds, and/or any available municipal funds, as the case may be. Each such deputy shall give bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in a penalty not less than Fifty Thousand Dollars ($50,000.00). The premiums for such bonds shall be paid from any available county funds or any available municipal funds, as the case may be.

HISTORY: Codes, 1942, § 8086-05; Laws, 1964, ch. 324, § 5; Laws, 1986, ch. 458, § 38; Laws, 2009, ch. 467, § 16, eff from and after July 1, 2009.

Editor’s Notes —

Laws of 1986, ch. 458, § 38, provided that §45-5-9 would stand repealed from and after October 1, 1989. Subsequently, three 1989 chapters (341, 342, and 343) amended Section 48, Chapter 458, Laws of 1986, by deleting the date for repeal.

Amendment Notes —

The 2009 amendment substituted “not less than Fifty Thousand Dollars ($50,000.00)” for “equal to Twenty-five Thousand Dollars ($25,000.00)” in the next-to-last sentence.

Cross References —

Sheriffs, generally, see §§19-25-1 et seq.

Powers and duties of mayor, generally, see §§21-3-15,21-5-7.

Power of mayor to call on citizens for aid in enforcing the law, see §21-15-13.

Duties of marshal or chief of police, see §21-21-1.

Authority of municipalities to employ police and night marshals, see §21-21-3.

Power of municipalities to pay training school expenses for police, see §21-21-7.

OPINIONS OF THE ATTORNEY GENERAL

Part-time deputy sheriff is clothed with same power and authority to perform any act that any full-time deputy sheriff of county could lawfully perform while such part-time deputy is on duty. Bradford, Oct. 14, 1992, A.G. Op. #92-0799.

Mayor has authority to appoint extra deputy police officers and that any compensation is subject to approval by Board of Aldermen. Hatcher Nov. 19, 1993, A.G. Op. #93-0736.

Whether police officer or extra deputy police officer works full time or part time is administrative decision. Hatcher Nov. 19, 1993, A.G. Op. #93-0736.

Section 45-5-9 only applies to “extra deputies” and not to regularly appointed, full-time deputies as set forth in Section 19-25-19. McWilliams, June 21, 1996, A.G. Op. #96-0376.

Regular deputies appointed under Section 19-25-19 do not need to post bond unless required to do so by the sheriff under Section 19-25-13. With the exception of the bond requirements of Section 19-25-13, only those deputies appointed under Section 45-5-9 and designated as “extra deputies” are statutorily mandated to be bonded. McWilliams, June 21, 1996, A.G. Op. #96-0376.

A sheriff has the authority under Miss. Code Section 45-5-9 to appoint volunteers to serve as deputies for the purpose of performing tasks assigned to them. Gamble, Aug. 1, 1997, A.G. Op. #97-0461.

The mayor may appoint extra deputy police officers pursuant to the statute, but any compensation is subject to approval by the board of aldermen. Gerhart, Mar. 8, 2002, A.G. Op. #02-0056.

A police officer appointed by the mayor pursuant to this section must have his pay specifically approved by the Board of Alderman. A line item in an existing budget for police officers who are hired by the Board of Alderman does not constitute “approval of the governing authorities of such municipalities.” Tanner, Aug. 22, 2003, A.G. Op. 03-0442.

§ 45-5-11. Appropriations; tuition fees; payment of expenses of officers attending academy; grants and donations may be accepted.

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.

HISTORY: Codes, 1942, § 8086-06; Laws, 1964, ch. 324, § 6; Laws, 1993, ch. 458, § 2, eff from and after July 1, 1993.

Cross References —

Power of municipalities to pay training school expenses for police, see §21-21-7.

OPINIONS OF THE ATTORNEY GENERAL

The Highway Patrol Training Academy has no authority to charge for meals and lodging if a participant does not partake of same Tedder, Nov. 27, 1991, A.G. Op. #91-0885.

A newly elected County Medical Examiner or Coroner is authorized, as an “officer-elect”, to attend a course before being sworn in and also to have his tuition and expenses paid. Tedder, Nov. 27, 1991, A.G. Op. #91-0885.

A deputy coroner must be appointed jointly by the board of supervisors and the county medical examiner; since such appointment cannot be made until the next term, the deputy coroner’s tuition and expenses could not be paid until he actually takes office or is appointed. Tedder, Nov. 27, 1991, A.G. Op. #91-0885.

§ 45-5-13. Acceptance or rejection of applicants by director; appeals by rejected applicants.

The director, with the approval of the commissioner, shall have the power and authority to accept or reject any group or individual. If an individual or group is rejected by the director, he or they may by written request appeal to a reviewing board made up of the commissioner of public safety, who will be presiding officer; the attorney general of the state; and the secretary of state. This board will have final authority on rejection or approval of applicants who have appealed to the board.

HISTORY: Codes, 1942, § 8086-07; Laws, 1964, ch. 324, § 7, eff from and after passage (approved May 22, 1964).

Cross References —

Duties of Secretary of State, generally, see §7-3-5.

Attorney General, generally, see §§7-5-1 et seq.

Power of sheriffs and mayors to appoint extra deputies and police, see §45-5-9.

OPINIONS OF THE ATTORNEY GENERAL

Section 45-5-13, gives the Director of the Law Enforcement Officers Training Academy and the Commissioner of Public Safety the authority to reject applicants to the Training Academy based on a felony conviction. May, October 16, 1995, A.G. Op. #95-0654.

§ 45-5-15. Duties of State Building Commission; law enforcement officers’ training academy fund.

The State Building Commission is authorized and directed to provide suitable land, either state owned or purchased for the purpose of this chapter or received as a gift, and buildings to house the law enforcement training academy, and payment for the construction costs of such buildings shall be made from any money made available to carry out the provisions of this chapter. Any funds appropriated or granted from any source shall be put in a fund in the office of the treasurer to be designated as the “law enforcement officers’ training academy fund.”

HISTORY: Codes, 1942, § 8086-08; Laws, 1964, ch. 324, § 8, eff from and after passage (approved May 22, 1964).

Cross References —

State building commission, as meaning office of general services, see §31-11-3.

§ 45-5-17. Construction of chapter.

This chapter shall be construed as supplemental and in addition to the present laws governing the department of public safety; provided, however, whenever a conflict exists between this chapter and any of said present laws the provisions of this chapter will control.

HISTORY: Codes, 1942, § 8086-09; Laws, 1964, ch. 324, § 13, eff from and after passage (approved May 22, 1964).

Chapter 6. Law Enforcement Officers Training Program

§ 45-6-1. Legislative findings and intent.

The Legislature finds that the administration of criminal justice is of statewide concern, and that the activities of law enforcement officers are important to the health, safety and welfare of the people of this state and are of such nature as to require selection, education and training of a professional nature upon entrance and during the careers of law enforcement officers. It is the intent of the Legislature to provide for the coordination of training programs for law enforcement officers and to set standards therefor.

HISTORY: Laws, 1981, ch. 474, § 1; Laws, 1998, ch. 394, § 1, eff from and after July 1, 1998.

Cross References —

County jail officers training program, see §§45-4-1 et seq.

Law enforcement officers’ training academy, see §§45-5-1 et seq.

JUDICIAL DECISIONS

1. Statutorily mandated training.

In a Mississippi Tort Claims Act case filed against the town and the chief of police resulting from the chief slapping plaintiff on her bottom while in the workplace, summary judgment was properly granted and her claim against the town for the failure to properly train and/or supervise the chief was properly dismissed because plaintiff failed to provide any legal authority that the town was required to provide training in addition to that training statutorily required by the Mississippi Law Enforcement Training Academy; the town nonetheless provided the chief with some local training before and after the incident; and the chief acted outside the course and scope of his law-enforcement duties when he committed the simple-assault. Harris v. Town of Woodville, 196 So.3d 1121, 2016 Miss. App. LEXIS 477 (Miss. Ct. App. 2016).

OPINIONS OF THE ATTORNEY GENERAL

There is no requirement under Miss. Code Sections 45-6-1 et seq. that jailer also be deputy law enforcement officer. Tompkins, Jan. 14, 1993, A.G. Op. #92-0902.

As long as municipal auxiliary officers are not full time employees, then minimum training standards required under Section 45-6-1 et seq. do not apply; question of how much training he or she receives is left to sound discretion of governing authorities of municipality. Carlisle Oct. 22, 1993, A.G. Op. #93-0678.

§ 45-6-3. Definitions.

For the purposes of this chapter, the following words shall have the meanings ascribed herein, unless the context shall otherwise require:

“Commission” means the Criminal Justice Planning Commission.

“Board” means the Board on Law Enforcement Officer Standards and Training.

“Law enforcement officer” means any person appointed or employed full time by the state or any political subdivision thereof, or by the state military department as provided in Section 33-1-33, who is duly sworn and vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime, the apprehension of criminals and the enforcement of the criminal and traffic laws of this state and/or the ordinances of any political subdivision thereof. The term “law enforcement officer” also includes employees of the Department of Corrections who are designated as law enforcement officers by the Commissioner of Corrections pursuant to Section 47-5-54, and includes those district attorney criminal investigators who are designated as law enforcement officers. However, the term “law enforcement officer” shall not mean or include any elected official or any person employed as a legal assistant to a district attorney in this state, compliance agents of the State Board of Pharmacy, or any person or elected official who, subject to approval by the board, provides some criminal justice related services for a law enforcement agency. As used in this paragraph, “appointed or employed full time” means any person who is receiving gross compensation for his duties as a law enforcement officer of Two Hundred Fifty Dollars ($250.00) or more per week or One Thousand Seventy-five Dollars ($1,075.00) or more per month.

“Part-time law enforcement officer” shall mean any person appointed or employed in a part-time, reserve or auxiliary capacity by the state or any political subdivision thereof who is duly sworn and vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime, the apprehension of criminals and the enforcement of the criminal and traffic laws of this state or the ordinances of any political subdivision thereof. However, the term “part-time law enforcement officer” shall not mean or include any person or elected official who, subject to approval by the board, provides some criminal justice related services for a law enforcement agency. As used in this paragraph, “appointed or employed” means any person who is performing such duties at any time whether or not they receive any compensation for duties as a law enforcement officer provided that such compensation is less than Two Hundred Fifty Dollars ($250.00) per week or One Thousand Seventy-five Dollars ($1,075.00) per month.

“Law enforcement trainee” shall mean any person appointed or employed in a full-time, part-time, reserve or auxiliary capacity by the state or any political subdivision thereof for the purposes of completing all the selection and training requirements established by the board to become a law enforcement officer or a part-time law enforcement officer. Such individuals shall not have the authority to use force, bear arms, make arrests or exercise any of the powers of a peace officer unless:

The trainee is under the direct control and supervision of a law enforcement officer;

The trainee was previously certified under this chapter; or

The trainee is a certified law enforcement officer in a reciprocating state.

HISTORY: Laws, 1981, ch. 474, § 2; Laws, 1990, ch. 434, § 1; Laws, 1992, ch. 531, § 8; Laws, 1993, ch. 416, § 29; Laws, 1996, ch. 422, § 2; Laws, 1998, ch. 394, § 2; Laws, 2003, ch. 490, § 2; Laws, 2004, ch. 388, § 1; Laws, 2007, ch. 510, § 1, eff from and after July 1, 2007.

Amendment Notes —

The 2003 amendment inserted “or by the state military department as provided in Section 33-1-3” in the first sentence of (c).

The 2004 amendment substituted “Two Hundred Fifty Dollars ($250.00)” for “One Hundred Twenty-five Dollars ($125.00)” and “One Thousand Seventy-five Dollars ($1,075.00)” for “Five Hundred Dollars ($500.00)” in (c) and (d).

The 2007 amendment, in (c), added “and includes those district attorney criminal investigators who are designated as law enforcement officers,” inserted “a legal” following “person employed as,” deleted “or investigator for” preceding “a district attorney in this state,” and made a minor stylistic change; and in (e), divided the former last sentence into the present last sentence and (i) by inserting the colon following “unless” and adding “(i) The trainee is,” and added (ii) and (iii).

Cross References —

Attorney General’s office Medicaid Fraud Control Unit investigators as law enforcement officers, see §43-13-221.

Exemption from requirement for license for carrying concealed pistol or revolver, see §45-9-101.

Employees of Department of Corrections having status as law enforcement officers under this section, see §47-5-54.

JUDICIAL DECISIONS

1. In general.

Sheriff, rather than a circuit court, was to make hiring, firing, and compensation changes affecting bailiffs, as bailiffs were deputies of the sheriff. A circuit court order and order and opinion stating that bailiffs fell under the authority of the judiciary rather than the sheriff were void in part to the extent that they directly violated the Mississippi Constitution and statutory law. Lewis v. Hinds County Circuit Court, 158 So.3d 1117, 2015 Miss. LEXIS 102 (Miss. 2015).

Police chief’s speech in reporting the Mayor of the city to outside law enforcement agencies for misuse of the city gasoline card was not constitutionally protected because, in light of his statutory duties, communicating with outside law enforcement agencies was part of the police chief’s job responsibilities. Gibson v. Kilpatrick, 773 F.3d 661, 2014 U.S. App. LEXIS 23330 (5th Cir. Miss. 2014), cert. denied, — U.S. —, 135 S. Ct. 2318, 191 L. Ed. 2d 980, 2015 U.S. LEXIS 3261 (U.S. 2015).

In a prosecution for simple assault upon a law enforcement officer, the trial court did not err in finding that the victim was a “law enforcement officer” acting within the scope of his duties at the time of the offense, even though he had not attended the law enforcement training academy as required by §45-6-3(c), since he was a “de jure deputy sheriff” where he was appointed by the sheriff pursuant to §19-25-19 to act as a jailer, and he was wearing a signed identification card and a uniform at the time of the offense. Amerson v. State, 648 So. 2d 58, 1994 Miss. LEXIS 596 (Miss. 1994).

Section45-6-3(c), which establishes the requirements for training of law enforcement officers who have been given traditional law enforcement duties, was not applicable in a prosecution for simple assault upon a law enforcement officer in which the defendant contended that the victim was not a “law enforcement officer” within the meaning of §97-3-7 because he had not attended the training academy as required by §45-6-3(c). Amerson v. State, 648 So. 2d 58, 1994 Miss. LEXIS 596 (Miss. 1994).

A capital murder indictment charging the defendant with the killing of a police officer “while acting in his official capacity . . . with knowledge that the victim was a peace officer” was not defective, despite the defendant’s argument that the victim was not authorized to exercise the powers of an officer pursuant to §45-6-11 because he had one year from the date he became employed as a law enforcement officer to obtain his certification from the State of Mississippi Board on Law Enforcement Standards and Training and the victim did not have this certification though he had been employed by the police department for 14 months, where the victim had been a part time police officer until 3 or 4 months prior to his death when he had become full time, and therefore he had 8 or 9 months until certification was necessary since he met the definition of a law enforcement officer for only 3 or 4 months in accordance with §45-6-3(c), which defines a law enforcement officer as “any person appointed or employed full time by the State or any political subdivision thereof . . . ” (emphasis added). Green v. State, 614 So. 2d 926, 1992 Miss. LEXIS 822 (Miss. 1992).

OPINIONS OF THE ATTORNEY GENERAL

Any law enforcement officer who has had certificate suspended, canceled or recalled may not work, even on part-time basis, but prohibition of §45-6-11 as to part-time work does not apply to person who never had certificate or who has one that has not been suspended, canceled or recalled. Gregory, July 14, 1993, A.G. Op. #93-0418.

Deputy sheriff who is performing law enforcement duties as defined in Section 45-6-3(c) is considered law enforcement officer for purposes of Section 45-6-13. Whitmore, March 3, 1994, A.G. Op. #93-0932.

The town marshal must be certified by the Board of Law Enforcement Officers Standards and Training if he is a “full time law enforcement officer” under 45-6-3 or he may be grandfathered under Section 45-6-11(1). Smith, August 23, 1995, A.G. Op. #95-0564.

An Animal Control Officer, who also issues parking tickets, is required by state law to attend the police academy, as are other police officers who are employed by the City Police Department, if that employee meets the definition of law enforcement officer found at Section 45-6-3. Peeples, September 27, 1995, A.G. Op. #95-0617.

An employee who makes $6.49 an hour may work up to 19 hours per week or 77 hours per month as a law enforcement officer without being classified a full time law enforcement officer. Booth, Aug. 1, 1997, A.G. Op. #97-0456.

The statute allows a law enforcement agency to hire an individual to perform criminal justice related services, such as service of process, without giving that individual full law enforcement authority. Simmons, August 28, 1998, A.G. Op. #98-0505.

A noncompensated special contract agent with the Mississippi Bureau of Narcotics meets the definition of “part-time law enforcement officer” within the meaning of the statute. Jones, September 29, 1998, A.G. Op. #98-0512.

The Board of Levee Commissioners for the Yazoo-Mississippi Delta does not have the lawful authority to establish and maintain independently of any other law enforcement agency a department charged with the enforcement of law in respect to the levee over which it has responsibility. Chaffin, July 9, 1999, A.G. Op. #99-0336.

As long as a county board of supervisors specifies that an individual will receive less than $500.00 per month for law enforcement duties performed during a month and any other amount of compensation will be as a result of his administrative duties, the officer may be classified as part-time. Munn, Aug. 31, 2001, A.G. Op. #01-0528.

The cumulative total compensation paid to a part-time law enforcement officer from all political subdivisions must be less than $500.00 per month; thus, the governing authorities of a political subdivision may not pay a part-time law enforcement officer an amount that would cause the officer’s compensation to exceed the statutory limit, but any compensation received by the part-time law enforcement officer from sources other than a political subdivision are not counted against the statutory limit. Hatcher, Feb. 8, 2002, A.G. Op. #02-0018.

If a law enforcement officer has completed the required training and has been certified by the Board on Law Enforcement Standards and Training, he has the authority to exercise all of the powers and duties of a law enforcement officer, regardless of the compensation he receives; however, if the individual has not completed the required training he would be considered a law enforcement trainee and could only exercise the law enforcement authority if he were under the control and supervision of a properly trained officer. Pitts, Apr. 26, 2002, A.G. Op. #02-0197.

A constable may not work as a municipal police officer under the constable’s training certificate. Stone, May 2, 2003, A.G. Op. 03-0201.

A law enforcement trainee does not have the authority to use force, bear arms, make arrests or exercise any of the powers of a peace officer unless under the direct control and supervision of a law enforcement officer that has been certified. Stone, May 2, 2003, A.G. Op. 03-0201.

A police officer of a municipality must be sworn before assuming any law enforcement duties, however, there is no requirement that a police officer must be sworn in by the Mayor or Vice-Mayor; a municipal court judge is the ‘police justice‘ of a municipality and, therefore, could administer the oath of office. Thomas, May 9, 2003, A.G. Op. 03-0212.

There is no prohibition against a part time law enforcement officer serving as a police chief, or in another supervisory capacity in which he or she will supervise full time law enforcement officers. Jones, July 7, 2004, A.G. Op. 04-0288.

The term “under the direct control and supervision of a law enforcement officer” mean that a law enforcement trainee must have some on-site or on-location supervision by a certified law enforcement officer. Miller, Aug. 19, 2004, A.G. Op. 04-0388.

A non-certified law enforcement trainee has the same power and authority as a law enforcement officer while they are under the direct control and supervision of a certified law enforcement officer. Miller, Aug. 19, 2004, A.G. Op. 04-0388.

A non-certified law enforcement trainee who has personal knowledge of a crime may make an affidavit to such effect and present it to a judge. This would include information concerning traffic violations. However, any warrant that might be issued by the judge would only be able to be served by the law enforcement trainee if he were under the direct control and supervision of a certified officer. Miller, Aug. 19, 2004, A.G. Op. 04-0388.

A non-certified law enforcement trainee has the same power and authority as a law enforcement officer while under the direct control and supervision of a certified law enforcement officer. Sanders, Dec. 9, 2005, A.G. Op. 05-0587.

Authority to hire, fire, set compensation, and define duties of municipal employees rests solely with the board of aldermen, subject to mayoral veto power. Whether a part-time police chief is sufficient to satisfy the municipality’s statutory duty to provide police protection is a factual determination to be made by the governing authority. If a municipality does not have a police chief, the board of aldermen must appoint one. An untrained part-time police officer is a law enforcement trainee who must be supervised by a certified officer and has two years from hiring to become certified. McLain, March 2, 2007, A.G. Op. #07-00069, 2007 Miss. AG LEXIS 82.

§ 45-6-5. Board on Law Enforcement Officer Standards and Training created; appointment, terms of office, removal from office and compensation of members; officers; meetings; reports; advisors.

  1. There is hereby created the Board on Law Enforcement Officer Standards and Training, which shall consist of thirteen (13) members.
    1. The Governor shall appoint six (6) members of the board from the following specified categories:
      1. Two (2) members, each of whom is a chief of police of a municipality in this state, with one (1) of the appointees being appointed from a municipality having a population of less than five thousand (5,000) according to the latest federal decennial census.
      2. One (1) member who is a sheriff in this state.
      3. One (1) member who is a district attorney in this state.
      4. One (1) member who is a representative of higher education and who has a degree in one (1) of the following areas of study: corrections, criminal justice or public administration.
      5. One (1) member who is a nonsupervisory rank-and-file law enforcement officer.
    2. The initial appointments to the board shall be made by the Governor no later than twenty (20) days after April 7, 1981, as follows: the chief of police and the representative of higher education each shall be appointed for a term of two (2) years; and the sheriff and the district attorney each shall be appointed for a term of three (3) years. Upon the expiration of the terms of the initial appointees to the board, each subsequent appointment shall be made for a term of three (3) years, beginning on the date of the expiration of the previous term. A vacancy in any appointed position on the board prior to the expiration of a term shall be filled by appointment of the Governor only for the balance of the unexpired term. Appointments shall be made within sixty (60) days of the occurrence of the vacancy.
    3. Any member appointed under this subsection who fails to attend three (3) consecutive meetings of the board shall be subject to removal by the Governor. The president of the board shall notify the Governor in writing when a member has failed to attend three (3) consecutive regular meetings.
  2. The remaining seven (7) members of the board shall be the following:
    1. The Attorney General, or his designee.
    2. The Director of the Mississippi Highway Safety Patrol, or his designee.
    3. The President of the Mississippi Municipal Association, or his designee who is a member of the association.
    4. The President of the Mississippi Association of Supervisors, or his designee who is a member of the association.
    5. The President of the Mississippi Constable Association, or his designee who is a member of the association.
    6. The President of the Mississippi Campus Law Enforcement Officers Association, or his designee who is a member of the association.
    7. The President of the Mississippi Sheriffs’ Association, or his designee who is a member of the association.

      The Attorney General, the Director of the Mississippi Highway Safety Patrol and the respective presidents of the foregoing associations, or their designees, shall serve only for their respective terms of office.

  3. Members of the board shall serve without compensation, but shall be entitled to receive reimbursement for any actual and reasonable expenses incurred as a necessary incident to such service, including mileage, as provided in Section 25-3-41.
  4. There shall be a chairman and a vice chairman of the board, elected by and from the membership of the board. The board shall adopt rules and regulations governing times and places for meetings and governing the manner of conducting its business, but the board shall meet at least every three (3) months.
  5. The Governor shall call an organizational meeting of the board not later than thirty (30) days after April 7, 1981.
  6. If a person appointed to the board no longer occupies the status qualifying that person’s appointment, that position on the board shall be immediately vacated and filled ex officio or by appointment of the Governor as otherwise provided in this section.
  7. The board shall report annually to the Governor and the Legislature on its activities, and may make such other reports as it deems desirable.
  8. The training officers of all police academies in the state whose curricula are approved by the board shall be advisors to the board. They shall be entitled to all privileges of the board members, including travel expenses and subsistence, but shall not be eligible to vote at board meetings.

HISTORY: Laws, 1981, ch. 474, § 3; Laws, 1991, ch. 596, § 1; Laws, 2008, ch. 480, § 2; Laws, 2010, ch. 515, § 1, eff from and after July 1, 2010.

Amendment Notes —

The 2008 amendment substituted “twelve (12) members” for “eleven (11) members” in (1); and in (2), substituted “six (6) members” for “five (5) members” in the introductory paragraph, and added (e).

The 2010 amendment rewrote the section, in part by increasing the number of members on the Board on Law Enforcement Officer Standards and Training from 12 to 13 and by adding (2)(c) and (7).

OPINIONS OF THE ATTORNEY GENERAL

The Board of Law Enforcement Standards and Training requires full-time law enforcement officers to be twenty-one years of age, but a person may serve in a part-time or auxiliary capacity prior to their twenty-first birthday. Pickens, July 3, 1997, A.G. Op. #97-0365.

§ 45-6-7. Powers of board.

In addition to the powers conferred upon the board elsewhere in this chapter, the board shall have power to:

Promulgate rules and regulations for the administration of this chapter, including the authority to require the submission of reports and information by law enforcement agencies of the state and its political subdivisions.

Establish minimum educational and training standards for admission to employment or appointment as a law enforcement officer or a part-time law enforcement officer: (i) in a permanent position; and (ii) in a probationary status. The minimum educational and training standards for any law enforcement officer assigned to field or investigative duties shall include at least two (2) hours of training related to handling complaints of human trafficking and commercial sexual exploitation of children as defined in Section 43-21-105, communicating with such victims, and requiring the officer to contact the Department of Child Protection Services when human trafficking or commercial sexual exploitation is suspected.

Certify persons as being qualified under the provisions of this chapter to be law enforcement officers or part-time law enforcement officers.

Revoke certification for cause and in the manner provided in this chapter. The board is authorized to subpoena documents regarding revocations. The board shall maintain a current list of all persons certified under this chapter who have been placed on probation, suspended, subjected to revocation of certification, or any combination of these.

Establish minimum curriculum requirements for basic and advanced courses and programs for schools operated by or for the state or any political subdivision thereof for the specific purpose of training police and other law enforcement officers, both full- and part-time, which shall include a minimum of two (2) hours of training in a course or courses related to the identification of and support for victims of human trafficking and commercial sexual exploitation.

Consult and cooperate with counties, municipalities, state agencies, other governmental agencies, and with universities, colleges, community and junior colleges and other institutions concerning the development of training schools, programs or courses of instruction for personnel defined in this chapter.

Make recommendations concerning any matter within its purview pursuant to this chapter.

Make such inspection and evaluation as may be necessary to determine if governmental units are complying with the provisions of this chapter.

Approve law enforcement officer training schools for operation by or for the state or any political subdivision thereof for the specific purpose of training personnel defined in this chapter.

Upon the request of agencies employing personnel defined in this chapter, conduct surveys or aid municipalities and counties to conduct surveys through qualified public or private agencies and assist in the implementation of any recommendations resulting from such surveys.

Upon request of agencies within the purview of this chapter, conduct general and specific management surveys and studies of the operations of the requesting agencies at no cost to those agencies. The role of the board under this subsection shall be that of management consultant.

Adopt and amend regulations consistent with law, for its internal management and control of board programs.

Enter into contracts or do such things as may be necessary and incidental to the administration of this chapter.

Establish jointly with the State Board of Education the minimum level of basic law enforcement training required of persons employed by school districts as school security guards, or school resource officers or in other positions that have the powers of a peace officer.

HISTORY: Laws, 1981, ch. 474, § 4; Laws, 1990, ch. 434, § 2; Laws, 1998, ch. 394, § 6; Laws, 2000, ch. 437, § 2; Laws, 2009, ch. 539, § 1, eff from and after passage (approved Apr. 15, 2009); Laws, 2019, ch. 420, § 9, eff from and after July 1, 2019.

Amendment Notes —

The 2009 amendment added the last two sentences of (d).

The 2019 amendment added the last sentence of (b); and added “which shall include a minimum…victims of human trafficking and commercial sexual exploitation” at the end of (e).

Cross References —

Law enforcement officers training academy, see §§45-5-1 et seq.

JUDICIAL DECISIONS

1. Full-time certification.

Substantial evidence supported the decision of the Mississippi Board on Law Enforcement Officer Standards and Training to deny officers’ applications to be certified as full-time law enforcement officers because the officers did not meet the minimum standards under the Board’s long-standing policy for full-time certification. Miss. Dep't of Pub. Safety v. Holden, 138 So.3d 220, 2014 Miss. App. LEXIS 233 (Miss. Ct. App. 2014).

Decision of the Mississippi Board on Law Enforcement Officer Standards and Training to deny officers’ applications to be certified as full-time law enforcement officers was not arbitrary or capricious because Board’s action was consistent with the Board’s policy of how an applicant became certified full-time; the plain language of the statute authorizes, but does not require, that every applicant meeting the two requirements be certified as full-time. Miss. Dep't of Pub. Safety v. Holden, 138 So.3d 220, 2014 Miss. App. LEXIS 233 (Miss. Ct. App. 2014).

Decision of the Mississippi Board on Law Enforcement Officer Standards and Training to deny officers’ applications to be certified as full-time law enforcement officers was not arbitrary or capricious because the plain and unambiguous language of the statute, and the use of the term “may,” gave the Board discretion to deny full-time certification for the officers, even if they had the requisite twenty-five years of law enforcement experience and received certification as part-time officers. Miss. Dep't of Pub. Safety v. Holden, 138 So.3d 220, 2014 Miss. App. LEXIS 233 (Miss. Ct. App. 2014).

OPINIONS OF THE ATTORNEY GENERAL

If a law enforcement officer who was certified prior to March 11, 2004 and who participated in a pretrial diversion program prior to that date is later laterally transferred from one law enforcement agency to another, the officer may not be denied transfer of certification to the new agency because of a March 11, 2004 change in the Professional Certification Policy of the Mississippi Board of Law Enforcement Officer Standards and Training. Davis, March 30, 2007, A.G. Op. #07-00148, 2007 Miss. AG LEXIS 66.

§ 45-6-9. Administrative and fiscal support provided by criminal justice planning commission.

The criminal justice planning commission shall provide administrative and fiscal support for the board on law enforcement officer standards and training, and the executive director of the commission shall serve as the director of the board.

HISTORY: Laws, 1981, ch. 474, § 5, eff from and after passage (approved April 7, 1981).

Cross References —

Provision that constables must complete law enforcement curricula at the Mississippi Law Enforcement Officers’ Training Academy or such other police academies that are approved pursuant to this section, see §19-19-5.

Transfer of Office of Criminal Justice Planning including Juvenile Justice Advisory Committee to Department of Public Safety, see §45-1-33.

§ 45-6-11. Law enforcement officer qualifications; recertification after leaving law enforcement; certification; reprimand, suspension or revocation of certification.

  1. Law enforcement officers already serving under permanent appointment on July 1, 1981, and personnel of the Division of Community Services under Section 47-7-9, Mississippi Code of 1972, serving on July 1, 1994, shall not be required to meet any requirement of subsections (3) and (4) of this section as a condition of continued employment; nor shall failure of any such law enforcement officer to fulfill such requirements make that person ineligible for any promotional examination for which that person is otherwise eligible. Provided, however, if any law enforcement officer certified under the provisions of this chapter leaves his employment as such and does not become employed as a law enforcement officer within two (2) years from the date of termination of his prior employment, he shall be required to comply with board policy as to rehiring standards in order to be employed as a law enforcement officer; except, that, if any law enforcement officer certified under this chapter leaves his employment as such to serve as a sheriff, he may be employed as a law enforcement officer after he has completed his service as a sheriff without being required to comply with board policy as to rehiring standards. Part-time law enforcement officers serving on or before July 1, 1998, shall have until July 1, 2001, to obtain certification as a part-time officer.
    1. Any person who has twenty (20) years of law enforcement experience and who is eligible to be certified under this section shall be eligible for recertification after leaving law enforcement on the same basis as someone who has taken the basic training course. Application to the board to qualify under this paragraph shall be made no later than June 30, 1993.
    2. Any person who has twenty-five (25) years of law enforcement experience, whether as a part-time, full-time, reserve or auxiliary officer, and who has received certification as a part-time officer, may be certified as a law enforcement officer as defined in Section 45-6-3(c) without having to meet further requirements. Application to the board to qualify under this paragraph shall be made no later than June 30, 2009.
    1. No person shall be appointed or employed as a law enforcement officer or a part-time law enforcement officer unless that person has been certified as being qualified under the provisions of subsection (4) of this section.
    2. No person shall be appointed or employed as a law enforcement trainee in a full-time capacity by any law enforcement unit for a period to exceed one (1) year. No person shall be appointed or employed as a law enforcement trainee in a part-time, reserve or auxiliary capacity by any law enforcement unit for a period to exceed two (2) years. The prohibition against the appointment or employment of a law enforcement trainee in a full-time capacity for a period not to exceed one (1) year or a part-time, reserve or auxiliary capacity for a period not to exceed two (2) years may not be nullified by terminating the appointment or employment of such a person before the expiration of the time period and then rehiring the person for another period. Any person, who, due to illness or other events beyond his control, could not attend the required school or training as scheduled, may serve with full pay and benefits in such a capacity until he can attend the required school or training.
    3. No person shall serve as a law enforcement officer in any full-time, part-time, reserve or auxiliary capacity during a period when that person’s certification has been suspended, cancelled or recalled pursuant to the provisions of this chapter.
  2. In addition to the requirements of subsections (3), (7) and (8) of this section, the board, by rules and regulations consistent with other provisions of law, shall fix other qualifications for the employment of law enforcement officers, including minimum age, education, physical and mental standards, citizenship, good moral character, experience and such other matters as relate to the competence and reliability of persons to assume and discharge the responsibilities of law enforcement officers, and the board shall prescribe the means for presenting evidence of fulfillment of these requirements. Additionally, the board shall fix qualifications for the appointment or employment of part-time law enforcement officers to essentially the same standards and requirements as law enforcement officers. The board shall develop and implement a part-time law enforcement officer training program that meets the same performance objectives and has essentially the same or similar content as the programs approved by the board for full-time law enforcement officers and the board shall provide that such training shall be available locally and held at times convenient to the persons required to receive such training.
  3. Any elected sheriff, constable, deputy or chief of police may apply for certification. Such certification shall be granted at the request of the elected official after providing evidence of satisfaction of the requirements of subsections (3) and (4) of this section. Certification granted to such elected officials shall be granted under the same standards and conditions as established by law enforcement officers and shall be subject to recall as in subsection (7) of this section.
  4. The board shall issue a certificate evidencing satisfaction of the requirements of subsections (3) and (4) of this section to any applicant who presents such evidence as may be required by its rules and regulations of satisfactory completion of a program or course of instruction in another jurisdiction equivalent in content and quality to that required by the board for approved law enforcement officer education and training programs in this state, and has satisfactorily passed any and all diagnostic testing and evaluation as required by the board to ensure competency.
  5. Professional certificates remain the property of the board, and the board reserves the right to either reprimand the holder of a certificate, suspend a certificate upon conditions imposed by the board, or cancel and recall any certificate when:
    1. The certificate was issued by administrative error;
    2. The certificate was obtained through misrepresentation or fraud;
    3. The holder has been convicted of any crime involving moral turpitude;
    4. The holder has been convicted of a felony;
    5. The holder has committed an act of malfeasance or has been dismissed from his employing law enforcement agency; or
    6. Other due cause as determined by the board.
  6. When the board believes there is a reasonable basis for either the reprimand, suspension, cancellation of, or recalling the certification of a law enforcement officer or a part-time law enforcement officer, notice and opportunity for a hearing shall be provided in accordance with law prior to such reprimand, suspension or revocation.
  7. Any full- or part-time law enforcement officer aggrieved by the findings and order of the board may file an appeal with the chancery court of the county in which such person is employed from the final order of the board. Such appeals must be filed within thirty (30) days of the final order of the board.
  8. Any full- or part-time law enforcement officer whose certification has been cancelled pursuant to this chapter may reapply for certification, but not sooner than two (2) years after the date on which the order of the board cancelling such certification becomes final.

HISTORY: Laws, 1981, ch. 474, § 6; Laws, 1990, ch. 434, § 3; Laws, 1992, ch. 415, § 1; Laws, 1993, ch. 584, § 1; Laws, 1994, ch. 516, § 2; Laws, 1998, ch. 394, § 3; Laws, 1999, ch. 506, § 1; Laws, 2009, ch. 539, § 2; Laws, 2013, ch. 425, § 1, eff from and after July 1, 2013.

Amendment Notes —

The 2009 amendment designated the former provisions of (2) as (2)(a), added (b), and substituted “this paragraph” for “this subsection” in the last sentence of (a); and in (7), added (e), and redesignated former (e) as present (f), and made a minor stylistic change.

The 2013 amendment in (3)(b), inserted “in a full-time capacity” and substituted “one (1) year” for “two (2) years” in the first sentence, added the second sentence, and inserted “in a full-time capacity for a period not to exceed one (1) year or a part-time, reserve or auxiliary capacity” in the third sentence.

Cross References —

Satisfaction of certain provisions of this section as exempting constables from requirement that they attend specified training program, see §19-19-5.

Instructors and curriculum of law enforcement officers training academy, see §45-5-7.

Acceptance or rejection of applicants for law enforcement officers training academy, see §45-5-13.

Revocation of certification as chief of police of municipality for failure to comply with continuing education requirement, see §45-6-19.

State Chief Deputy Fire Marshal not required to meet requirements of this section, see §45-11-105.

Carrying of pistols, firearms or other weapons by criminal investigators, see §97-37-7.

JUDICIAL DECISIONS

1. In general.

2. Illness or other events.

3. Suspension or revocation of certification.

4. Full-time certification.

1. In general.

Sheriff, rather than a circuit court, was to make hiring, firing, and compensation changes affecting bailiffs, as bailiffs were deputies of the sheriff. A circuit court order and order and opinion stating that bailiffs fell under the authority of the judiciary rather than the sheriff were void in part to the extent that they directly violated the Mississippi Constitution and statutory law. Lewis v. Hinds County Circuit Court, 158 So.3d 1117, 2015 Miss. LEXIS 102 (Miss. 2015).

This section only permits the grandfathering of law enforcement officers in service in Mississippi on July 1, 1981, and does not allow grandfathering of law enforcement officers employed in other states on that date. Board on Law Enforcement Officer Stds. & Training v. Voyles, 732 So. 2d 216, 1999 Miss. LEXIS 63 (Miss. 1999).

Unemployment compensation claimant’s failure to pass physical fitness test required to receive certification as police officer after his first year of employment was “misconduct” disqualifying him from receiving benefits; claimant’s actions were clearly in wanton disregard of employer’s interest, and claimant had ability to pass physical test within his personal control but evidence showed that he did not attempt to keep his physical fitness up to standards required to pass test. City of Clarksdale v. Mississippi Empl. Sec. Comm'n, 699 So. 2d 578, 1997 Miss. LEXIS 387 (Miss. 1997).

Section 45-6-11 does not create private right of action for recovery of damages, therefore any claim attempted to be directly asserted under that section, in action by arrestee against city and police chief under 42 USCS § 1983 alleging that arrestee was arrested by inadequately trained officer and detained for 8 hours without being informed about charges against him, should be dismissed. White v. Taylor, 775 F. Supp. 962, 1990 U.S. Dist. LEXIS 19346 (S.D. Miss. 1990), rev'd, 959 F.2d 539, 1992 U.S. App. LEXIS 8466 (5th Cir. Miss. 1992).

A capital murder indictment charging the defendant with the killing of a police officer “while acting in his official capacity . . . with knowledge that the victim was a peace officer” was not defective, despite the defendant’s argument that the victim was not authorized to exercise the powers of an officer pursuant to §45-6-11 because he had one year from the date he became employed as a law enforcement officer to obtain his certification from the State of Mississippi Board on Law Enforcement Standards and Training and the victim did not have this certification though he had been employed by the police department for 14 months, where the victim had been a part time police officer until 3 or 4 months prior to his death when he had become full time, and therefore he had 8 or 9 months until certification was necessary since he met the definition of a law enforcement officer for only 3 or 4 months in accordance with §45-6-3(c), which defines a law enforcement officer as “any person appointed or employed full time by the State or any political subdivision thereof. . .” (emphasis added). Green v. State, 614 So. 2d 926, 1992 Miss. LEXIS 822 (Miss. 1992).

2. Illness or other events.

The exception for a person, who, due to illness or other events beyond his control, could not attend the required school or training as scheduled, applies only to one who will later be able to attend and does not apply to a person with a degenerative medical condition that will not improve. Board on Law Enforcement Officer Stds. & Training v. Voyles, 732 So. 2d 216, 1999 Miss. LEXIS 63 (Miss. 1999).

3. Suspension or revocation of certification.

Chancery court exceeded its authority in reversing a decision of the Board on Law Enforcement Officer Standards and Training for the Mississippi Department of Public Safety recalling a police officer’s law enforcement certificate under Miss. Code Ann. §45-6-11 nine years after the officer pled guilty to a felony charge of embezzlement for pawning police department guns because the Board was within its authority to recall the certificate and substantial evidence supported its recall decision. Miss. Dep't of Pub. Safety Bd. on Law Enforcement Officer Stds. & Training v. Johnson, 66 So.3d 703, 2011 Miss. App. LEXIS 549 (Miss. Ct. App. 2011).

Chancery court improperly reversed the cancellation of a police officer’s certificate by the Board on Law Enforcement Officer Standards and Training under Miss. Code Ann. §45-6-11 because the board’s findings as to the officer’s cocaine possession were based on substantial evidence, notwithstanding the officer’s previous acquittal on criminal charges and award of unemployment compensation benefits. Miss. Bd. on Law Enforcement Officer Stds. & Training v. Clark, 964 So. 2d 570, 2007 Miss. App. LEXIS 547 (Miss. Ct. App. 2007).

A law enforcement officer’s certificate was properly recalled where the officer pled guilty for the limited purpose of treating his offense under §99-15-26, he successfully completed the conditions imposed by the court upon such plea, and the cause was dismissed without a formal adjudication of guilt. Board on Law Enforcement Officer Stds. & Training v. Rushing, 752 So. 2d 1085, 1999 Miss. App. LEXIS 576 (Miss. Ct. App. 1999).

Substantial evidence supported the decision of the Mississippi Board on Law Enforcement Officer Standards and Training to deny officers’ applications to be certified as full-time law enforcement officers because the officers did not meet the minimum standards under the Board’s long-standing policy for full-time certification. Miss. Dep't of Pub. Safety v. Holden, 138 So.3d 220, 2014 Miss. App. LEXIS 233 (Miss. Ct. App. 2014).

4. Full-time certification.

Decision of the Mississippi Board on Law Enforcement Officer Standards and Training to deny officers’ applications to be certified as full-time law enforcement officers was not arbitrary or capricious because Board’s action was consistent with the Board’s policy of how an applicant became certified full-time; the plain language of the statute authorizes, but does not require, that every applicant meeting the two requirements be certified as full-time. Miss. Dep't of Pub. Safety v. Holden, 138 So.3d 220, 2014 Miss. App. LEXIS 233 (Miss. Ct. App. 2014).

Decision of the Mississippi Board on Law Enforcement Officer Standards and Training to deny officers’ applications to be certified as full-time law enforcement officers was not arbitrary or capricious because the plain and unambiguous language of the statute, and the use of the term “may,” gave the Board discretion to deny full-time certification for the officers, even if they had the requisite twenty-five years of law enforcement experience and received certification as part-time officers. Miss. Dep't of Pub. Safety v. Holden, 138 So.3d 220, 2014 Miss. App. LEXIS 233 (Miss. Ct. App. 2014).

OPINIONS OF THE ATTORNEY GENERAL

Individual whose license has been canceled is not eligible for reinstatement as full-time law enforcement officer. Windom, Jan. 24, 1990, A.G. Op. #90-0025.

Law enforcement officer, whose certification is suspended, cannot, under Miss. Code Section 45-6-11(2), be employed on part-time reserve status. Sullivan, June 8, 1993, A.G. Op. #0355.

Any law enforcement officer who has had certificate suspended, canceled or recalled may not work, even on part-time basis, but prohibition as to part-time work does not apply to person who never had certificate or who has one that has not been suspended, canceled or recalled. Gregory, July 14, 1993, A.G. Op. #93-0418.

If a constable has been in office more than twenty-four months, as provided in Section 45-6-11, the statute would preclude a county from compensating a constable for fees generated under Section 25-7-27(1)(e), for serving warrants and other process, attending all trials in state cases in which the state fails in the prosecution, prior to satisfying the training requirement of Section 19-19-5(2). Carroll, February 16, 1995, A.G. Op. #95-0072.

The town marshal must be certified by the Board of Law Enforcement Officers Standards and Training if he is a “full time law enforcement officer” under 45-6-3 or he may be grandfathered under Section 45-6-11(1). Smith, August 23, 1995, A.G. Op. #95-0564.

A full-time law enforcement officer who was appointed or hired prior to July 1, 1998, but has not received training or been certified as a law enforcement officer, may continue to serve in his capacity as a full-time officer with full authority as a peace officer without being under the direct control and supervision of a certified law enforcement officer for up to one year after being appointed or hired before he is required to obtain the proper training and become certified. Lawrence, August 10, 1998, A.G. Op. #98-0472.

If a law enforcement officer has been grandfathered with respect to certification and has continued to work as a law enforcement officer without a break in service, he may continue to serve in a law enforcement capacity without certification. Lewers, Aug. 31, 2001, A.G. Op. 01-0522.

A law enforcement trainee has two years to become certified with such two year period being cumulative and not starting over upon termination and rehire. Brinkley, Nov. 2, 2001, A.G. Op. 01-0675.

Unless a law enforcement officer has been grandfathered with respect to certification and has continued to work as a law enforcement officer without a break in service he may not serve as chief of police. Miller, Feb. 4, 2005, A.G. Op. 04-0649.

Authority to hire, fire, set compensation, and define duties of municipal employees rests solely with the board of aldermen, subject to mayoral veto power. Whether a part-time police chief is sufficient to satisfy the municipality’s statutory duty to provide police protection is a factual determination to be made by the governing authority. If a municipality does not have a police chief, the board of aldermen must appoint one. An untrained part-time police officer is a law enforcement trainee who must be supervised by a certified officer and has two years from hiring to become certified. McLain, March 2, 2007, A.G. Op. #07-00069, 2007 Miss. AG LEXIS 82.

If a law enforcement officer who was certified prior to March 11, 2004 and who participated in a pretrial diversion program prior to that date is later laterally transferred from one law enforcement agency to another, the officer may not be denied transfer of certification to the new agency because of a March 11, 2004 change in the Professional Certification Policy of the Mississippi Board of Law Enforcement Officer Standards and Training. Davis, March 30, 2007, A.G. Op. #07-00148, 2007 Miss. AG LEXIS 66.

RESEARCH REFERENCES

Am. Jur.

70 Am. Jur. 2d, Sheriffs, Police, and Constables § 7-9.

§ 45-6-13. Reimbursement for attending training program; professional library.

  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.
  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 Officer 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.

HISTORY: Laws, 1981, ch. 474, § 7; Laws, 1993, ch. 458, § 1; Laws, 1998, ch. 394, § 4; Laws, 2014, ch. 323, § 3, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment added (5).

OPINIONS OF THE ATTORNEY GENERAL

Deputy sheriff is not law enforcement officer as defined in Section 45-6-3(c) at time of appointment, but is considered law enforcement officer at time he or she begins to perform law enforcement duties. Whitmore, March 3, 1994, A.G. Op. #93-0932.

Under Section 45-6-13(4), a law enforcement agency that terminates an officer within three years of the date of his employment is entitled to reimbursement of training expenses from another agency if that officer is hired by the other agency within thirty days from the termination. Best, August 31, 1995, A.G. Op. #95-0602.

Under Section 45-6-13(4), only the actual expenses incurred by the police agency for the training of the officer should be reimbursed. These include the same expenses reimbursable under Section 46-6-13(2). Russell, August 31, 1995, A.G. Op. #95-0576.

Pursuant to Section 45-6-13(4), “law enforcement training expenses” which must be reimbursed are those listed in subsection (2), namely, “the salary and allowable tuition, living and travel expense incurred by the officers in attendance at approved training programs . . .” Proportionate share would be determined on a total 3 year basis pro rated over 36 months, for example: if the officer worked 24 months for the first entity, the second entity would have to reimburse the first for 12/36ths of the total expenses. See paragraph 20.3.1, Policy and Procedures of the Board of Law Enforcement Officers Standards and Training. McWilliams, December 20, 1996, A.G. Op. #96-0801.

Any money received from a federal grant that is used to pay for training expenses of a law enforcement officer will be included in the actual expense incurred by an entity when calculating the transfer reimbursement amount that a hiring entity is obligated to pay to the entity from which the officer is leaving; in other words, a federal grant does not change the amount of transfer reimbursement that is owed by a hiring entity to the entity from which the law enforcement officer is leaving. Thach, January 22, 1999, A.G. Op. #99-0013.

A governmental entity may recover a proportionate share of the law enforcement training expenses incurred by it for any officer that leaves employment within three years after the date of his employment with that entity and immediately becomes employed by another governmental entity in a law enforcement capacity; this would include any training expenses incurred by an entity that were paid to another entity as reimbursement of the officer’s original training expenses. White, June 25, 1999, A.G. Op. #99-0298.

Subsection (4) of this section is the only way a municipality can get reimbursed when a law enforcement officer is re-employed by another municipality. Lawrence, August 13, 1999, A.G. Op. #99-0382.

Subsection (4) of this section is the only way a municipality can get reimbursed when a law enforcement officer is re-employed by another municipality. Lawrence, August 13, 1999, A.G. Op. #99-0382.

Clothing expenses incurred on behalf of an officer sent to a police academy are not part of the training expenses that constitute the transfer reimbursement as specified in Section 45-6-13(4). Lawrnce, Apr. 11, 2003, A.G. Op. 03-0156.

The phrase “within three (3) years after the date of employment” in subsection (4) of this section refers to the date of hire. Richardson, Feb. 14, 2005, A.G. Op. 05-0025.

§ 45-6-15. Law Enforcement Officers Training Fund; funding of agency expenses; deposit of monies into State General Fund.

    1. Such assessments as are collected under Section 99-19-73, Mississippi Code of 1972, and contributions, grants and other monies received by the board under the provisions of this chapter shall be deposited in a special fund hereby created in the State Treasury and designated the “Law Enforcement Officers Training Fund,” which shall be expended by the board to defray the expenses of the program as authorized and appropriated by the Legislature.
    2. Twenty-five percent (25%) of the assessments collected under Section 99-19-73, Mississippi Code of 1972, shall be deposited into the “Jail Officer Training Account” which is hereby created in the “Law Enforcement Officers Training Fund.” The funds in such account shall be expended by the Board on Jail Officer Standards and Training to defray the expenses of the jail officers training program as authorized and appropriated by the Legislature.
    3. Unexpended amounts remaining in the fund and account at the end of the fiscal year shall not lapse into the State General Fund and any interest earned on the fund shall be deposited to the credit of the fund.
  1. The board may accept for any of its purposes and functions under this chapter any and all donations, both real and personal property, and grants of money from any governmental unit or public agency, or from any institution, person, firm or corporation.
  2. Money authorized and appropriated by the Legislature shall be paid by the State Treasurer upon warrants issued by the Department of Finance and Administration, which shall issue its warrants upon requisitions signed by the proper person, officer or officers of the commission, in the manner provided by law.
  3. From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law.
  4. From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.

HISTORY: Laws, 1981, ch. 474, § 8; Laws, 1990, ch. 329, § 8; Laws, 1999, ch. 482, § 8; Laws, 2000, ch. 515, § 11; Laws, 2016, ch. 459, § 36, eff from and after July 1, 2016.

Editor’s Notes —

Laws of 2016, ch. 459, § 1, codified as §27-104-201, provides:

“SECTION 1. This act shall be known and may be cited as the ‘Mississippi Budget Transparency and Simplification Act of 2016.’ ”

Amendment Notes —

The 2016 amendment added (4) and (5).

Cross References —

Collection of fines and penalties by clerk of circuit court, see §99-19-65.

Deposit of portion of standard state assessment into the Law Enforcement Officers Training Fund, see §99-19-73.

Prohibition against one state agency charging another state agency fees, etc., for services or resources received, see §27-104-203.

Defrayal of expenses of certain state agencies by appropriation of Legislature from General Fund, see §27-104-205.

§ 45-6-17. Noncomplying officers and officers with certificates revoked or suspended not to exercise powers; salary not to be paid.

  1. Any full- or part-time law enforcement officer who does not comply with the provisions of this chapter, or whose certificate has been suspended or revoked under provisions of this chapter, shall not be authorized to exercise the powers of law enforcement officers generally, and particularly shall not be authorized to exercise the power of arrest.
  2. Any state agency or political subdivision that employs a person as a full- or part-time law enforcement officer who does not meet the requirements of this chapter, or who employs a person whose certificate has been suspended or revoked under provisions of this chapter, is prohibited from paying the salary of such person, or providing any public monies for the equipment or support of the law enforcement activities of such person and any person violating this subsection shall be personally liable for making such payment.

HISTORY: Laws, 1981, ch. 474, § 9; Laws, 1992, ch. 415, § 2; Laws, 1998, ch. 394, § 5, eff from and after July 1, 1998.

OPINIONS OF THE ATTORNEY GENERAL

Any individual who is not certified, meeting the standards as set by the Board on Law Enforcement Officer Standards and Training, may not serve as a law enforcement officer or part-time law enforcement officer. Byrd, Dec. 17, 1999, A.G. Op. #99-0665.

A political subdivision may not pay the salary of an individual employed as a part-time law enforcement officer who does not meet the requirements of Title 45, Chapter 6 of the Mississippi Code Annotated; further, any individual who does not meet the requirements of Title 45, Chapter 6 of the Mississippi Code Annotated may not exercise the powers of a law enforcement officer, particularly the power of arrest. Hatcher, Mar. 29, 2002, A.G. Op. #02-0127.

§ 45-6-19. Continuing education requirement for municipal police chiefs and officers.

  1. The chief of police of any municipality in the State of Mississippi is required to annually complete twenty (20) hours of executive level continuing education courses which are approved by the Mississippi Board on Law Enforcement Officers Standards and Training. Any new chief of police having never previously served in that capacity, is required to complete forty (40) hours of executive level continuing education courses for his first year of service. Such education courses may be provided by an accredited law enforcement academy or by the Mississippi Association of Chiefs of Police.
  2. Any police officer of any municipality in the State of Mississippi is required to annually complete a specified number of hours, as stated in this subsection, of continuing education courses which are approved by the Mississippi Board on Law Enforcement Officers Standards and Training. The following number of hours of continuing education courses is required for municipal police officers based upon the number of years following July 1, 2004:

    0-2 years after July 1, 2004. . . . .8 hours of annual training

    3-4 years after July 1, 2004. . . . .16 hours of annual training

    5 or more years after July 1, 2004. . . . .24 hours of annual training

    Such education courses may be provided by an accredited law enforcement academy or by the Mississippi Association of Chiefs of Police.

  3. The Mississippi Board on Law Enforcement Officers Standards and Training shall reimburse each municipality for the expense incurred for chiefs of police and municipal police officers in attendance at approved training programs as required by this section.
  4. Any chief of police or municipal police officer who fails to comply with the provisions of this section shall be subject to having his certification as a chief of police or municipal police officer revoked by the Mississippi Board on Law Enforcement Officers Standards and Training, in accordance with Section 45-6-11.
  5. The Mississippi Board on Law Enforcement Officers Standards and Training is authorized to institute and promulgate all rules necessary for considering the revocation of any municipal chief of police or municipal police officer who does not comply with the provisions of this section, and may grant, for sufficient cause shown, an extension of time in which compliance with the provisions of this section may be made.
  6. Any chief of police or municipal police officer who is aggrieved by any order or ruling made under the provisions of this section has the same rights and procedure of appeal as from any other order or ruling of the Mississippi Board on Law Enforcement Officers Standards and Training.

HISTORY: Laws, 1993, ch. 413, § 1; Laws, 2004, ch. 418, § 1, eff from and after July 1, 2004.

Amendment Notes —

The 2004 amendment rewrote the section.

OPINIONS OF THE ATTORNEY GENERAL

Continuing education courses may be provided by the academy or chief’s association, but the Board on Law Enforcement Officers Standards and Training may also approve other entities, in its discretion, to provide the courses. Davis, Nov. 8, 2004, A.G. Op. 04-0518.

Reimbursement of expenses under this section include any out of pocket costs incurred for attendance. This includes travel, lodging, meals, and any other costs connected with the attendance. It specifically does not include salaries as does §45-6-13. Davis, Nov. 8, 2004, A.G. Op. 04-0518.

RESEARCH REFERENCES

Am. Jur.

70 Am. Jur. 2d, Sheriffs, Police, and Constables §§ 7-9.

§ 45-6-21. Motorcycle Officers Training Program Fund created; funding of expenses of Motorcycle Officers Training Program; deposit of user charges and fees authorized under this section into State General Fund.

  1. 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 be a continuing fund, not subject to fiscal-year limitations, and shall consist of:
    1. Monies appropriated by the Legislature for the purposes of funding the Motorcycle Officers Training Program;
    2. The interest accruing to the fund;
    3. Monies received under the provisions of Section 99-19-73;
    4. Monies received from the federal government;
    5. Donations; and
    6. Monies received from such other sources as may be provided by law.
  2. From and after July 1, 2016, the expenses of the Motorcycle Officers Training Program shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law and as determined by the State Fiscal Officer.
  3. From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.

HISTORY: Laws, 2012, ch. 554, § 2; Laws, 2017, 1st Ex Sess, ch. 7, § 24, eff from and after passage (approved June 23, 2017).

Editor’s Notes —

Laws of 2012, ch. 554, § 6 provides:

“SECTION 6. During fiscal year 2013, the following agencies shall have the authority to receive, budget and expend the following amounts generated from the assessments enacted in House Bill No. 878, 2012 Regular Session [Chapter 554, Laws of 2012]:

“University of Mississippi Medical Center for the

Children’s Justice Center . . . . . $750,000.00

“Board of Trustees of State Institutions of

Higher Learning for the DuBard School

for Language Disorders . . . . . $300,000.00

“Attorney General’s office for the Children’s Advocacy

Centers of Mississippi . . . . . $650,000.00

“Attorney General’s office for the Motorcycle

Officers Training Program . . . . . $50,000.00

“The above listed escalations shall be done in accordance with the rules and regulations of the Department of Finance and Adminstration in a manner consistent with the escalation of federal funds.”

This note was set out to correct an error in the 2012 Cumulative Supplement.

Amendment Notes —

The 2017 amendment, effective June 23, 2017, added (2) and (3).

Chapter 7. County Patrol Officers

Employment, Duties, Uniforms Compensation and Transportation of Patrol Officers

§ 45-7-1. Counties may employ men to enforce road laws.

The board of supervisors of any county is hereby authorized to employ, in its discretion, not exceeding three (3) men in counties of Classes 1 and 2, and not exceeding two (2) men to be regularly employed at any time in counties of other classes, whose duty it shall be to patrol the roads of the county and to enforce the road and motor vehicle laws.

It is hereby expressly provided that such patrol officers shall not have the power and authority, nor shall they be authorized by the motor vehicle comptroller or the tax collector of any county, to enforce any of the provisions of law relating to the taxation of motor vehicles using the highways of this state; nor shall they receive or collect any taxes due or alleged to be due under any of such laws. This shall not apply to a county where the federal government owns thirty-five percent (35%) or more of the total acreage of the county.

HISTORY: Codes, 1930, § 5583; 1942, § 8061; Laws, 1926, ch. 202; Laws, 1946, ch. 277, § 1.

Cross References —

Salaries and qualifications of highway patrolmen, see §§45-3-7,45-3-9.

Additional, supplemental powers and authority, see §§45-7-41 through45-7-45.

JUDICIAL DECISIONS

1. In general.

The provision of the statute which authorizes patrol officers to do and perform all acts authorized to be done by the sheriff, constables or any peace officer was intended to vest in patrol officers only such police powers as may be necessary to enable them to perform properly the duties imposed upon them by the statute as county road patrolmen. State v. Necaise, 228 Miss. 542, 87 So. 2d 922, 1956 Miss. LEXIS 544 (Miss. 1956).

It was not the intention of the legislature to authorize patrol officers who were employed “to patrol roads of the county and to enforce the road and motor vehicle laws”, to take over the duties or exercise the powers of the sheriff, or constable or other peace officer, in the enforcement of the general criminal laws of the state, or in the service of criminal or civil process in cases which do not arise out of and have no relation to the performance of their duties as county road patrolmen. State v. Necaise, 228 Miss. 542, 87 So. 2d 922, 1956 Miss. LEXIS 544 (Miss. 1956).

§ 45-7-3. Duties of patrol officers; uniforms.

Said patrol officers are hereby authorized to do and perform all acts authorized to be done by the sheriff, constable, or any peace officer. Said patrol officers in addition to their duties as peace officers, shall note the condition of the roads and bridges of the county and make report thereof to the board of supervisors as may be required by said board.

Such patrol officer shall not have the power and authority to enforce the traffic laws, rules and regulations of this state, or any related laws upon any highway of the state highway system, unless and until they have been authorized and empowered to enforce such laws and to aid and assist in the enforcement thereof by the commissioner of public safety. The commissioner of public safety may grant or withhold such authority to the patrolmen of each individual county in his discretion, and may provide and promulgate reasonable rules and regulations under which the patrol officers to whom such authority has been granted shall act in enforcing such laws.

In the performance of their official duties such patrol officers shall have the power and authority to wear uniforms, but they shall not wear the same uniforms as are worn by members of the highway safety patrol of Mississippi, nor shall they wear uniforms substantially identical thereto.

HISTORY: Codes, 1930, § 5584; 1942, § 8062; Laws, 1926, ch. 202; Laws, 1946, ch. 277, § 2.

Cross References —

Provision under which county highway patrolmen may be authorized to wear the uniform and insignia of state highway safety patrolmen and to discharge the duties thereof, see §45-3-29.

JUDICIAL DECISIONS

1. In general.

It was not the intention of the legislature to authorize patrol officers who were employed “to patrol roads of the county and to enforce the road and motor vehicle laws”, to take over the duties or exercise the powers of the sheriff, or constable or other peace officer, in the enforcement of the general criminal laws of the state, or in the service of criminal or civil process in cases which do not arise out of and have no relation to the performance of their duties as county road patrolmen. State v. Necaise, 228 Miss. 542, 87 So. 2d 922, 1956 Miss. LEXIS 544 (Miss. 1956).

OPINIONS OF THE ATTORNEY GENERAL

Pursuant to Section 45-7-3, county patrol officers do not have the authority to exercise the powers of the sheriff or constable to enforce criminal laws except to the extent that such laws relate to the patrolling of county roads and the enforcement of the road and motor vehicle laws. Sollie, August 23, 1996, A.G. Op. #96-0568.

A county patrolman has law enforcement jurisdiction and falls under the authority of the Board on Law Enforcement Officer Standards and Training with respect to certification. Houston, Sr., Feb. 2, 2001, A.G. Op. #2001-0045.

A county board of supervisors may not remove the county patrolmen from the authority of the Board on Law Enforcement Officer Standards and Training. Houston, Sr., Feb. 2, 2001, A.G. Op. #2001-0045.

RESEARCH REFERENCES

Am. Jur.

70 Am. Jur. 2d, Sheriffs, Police and Constables §§ 30, 31, 39.

CJS.

80 C.J.S., Sheriffs and Constables §§ 51 et seq.

§ 45-7-5. Compensation; transportation.

  1. Subject to the provisions of subsection (2) of this section, the board of supervisors may compensate the county patrol officers in an amount not to exceed Five Hundred Dollars ($500.00) per month for any one (1) county; in no case shall any one (1) patrol officer receive compensation in excess of Two Hundred Dollars ($200.00) per month. In addition to such compensation, the board of supervisors may furnish the patrol officers means of transportation.
    1. The board of supervisors of any county having a population of thirty-one thousand six hundred fifty-three (31,653) according to the 1960 federal decennial census, having a land area of nine hundred thirty-eight (938) square miles, and wherein U.S. Highway 49 and Mississippi Highway 16 intersect, may compensate the county patrol officers in an amount not to exceed One Thousand Dollars ($1,000.00) per month for any such county; in no case shall any one (1) patrol officer receive compensation in excess of Five Hundred Dollars ($500.00) per month.
    2. The board of supervisors of any county bordering on the Louisiana line and Mississippi River may fix the compensation of the county patrol officers at an amount not to exceed Four Hundred Dollars ($400.00) per month per patrol officer.
    3. The board of supervisors of any county bordering on the Mississippi River wherein is located a national park and cemetery, wherein U.S. Highways 80 and 61 intersect, and having a population in excess of forty-two thousand (42,000) according to the 1960 federal decennial census, may compensate the county patrol officers in an amount not to exceed One Thousand Five Hundred Dollars ($1,500.00) per month for any such county but in no case in excess of Five Hundred Dollars ($500.00) per month per officer.
    4. The board of supervisors of any Class 4 county bordering on the state of Alabama wherein U.S. Highway 98 and Mississippi Highway 63 intersect, having a land area of four hundred eighty-one (481) square miles, may, in its discretion, compensate each of its county patrol officers in an amount not in excess of Six Hundred Fifty Dollars ($650.00) per month.
    5. The board of supervisors of any county in which U.S. Highway 45 and Mississippi Highway 16 intersect may, in its discretion, compensate its county patrol officers in an amount not to exceed Six Hundred Dollars ($600.00) per month per patrol officer.
    6. The board of supervisors of any county in which the Natchez Trace Parkway and Mississippi Highway 35 intersect and which has a population according to the 1990 federal decennial census in excess of eighteen thousand four hundred (18,400), in its discretion, may compensate its county patrol officers in an amount not to exceed Two Thousand Dollars ($2,000.00) per month per patrol officer.

HISTORY: Codes, 1930, § 5585; 1942, § 8063; Laws, 1926, ch. 202; Laws, 1968, ch. 291, § 1; Laws, 1971, ch. 366, § 1; Laws, 1974, ch. 538, § 1; Laws, 1976, ch. 325; Laws, 2001, ch. 441, § 1, eff from and after July 1, 2001.

Cross References —

Additional, supplemental powers and authority, see §§45-7-41 through45-7-45.

RESEARCH REFERENCES

Am. Jur.

70 Am. Jur. 2d, Sheriffs, Police and Constables §§ 40, 41 et seq.

CJS.

80 C.J.S., Sheriffs and Constables §§ 502 et seq.

Patrol Officers in Certain Counties Having Two Judicial Districts, Wherein Certain Highways Intersect, or Bordering on Pearl River

§ 45-7-21. Employment of patrol officers.

  1. The board of supervisors of any county in the State of Mississippi having two (2) judicial districts and an assessed valuation of property for ad valorem taxation in excess of Five Hundred Million Dollars ($500,000,000.00), according to the last completed assessment for taxation is authorized to employ, in its discretion, not exceeding nine (9) persons whose duty it shall be to patrol the roads of the county and to enforce the road and motor vehicle laws.
  2. The board of supervisors of any county in the State of Mississippi wherein Interstate Highway 55 and State Highway 22 intersect and which is also traversed in whole or part by U. S. Highways 49 and 51, and State Highways 16, 17, 43 and the Natchez Trace, and also containing a part of a public lake or reservoir in excess of thirty thousand (30,000) acres, is authorized to employ, in its discretion, not exceeding seven (7) persons whose duty it shall be to patrol the roads of the county and to enforce the road and motor vehicle laws.
  3. The board of supervisors of any Class 1 county bordering on the east side of Pearl River, and wherein are located five (5) incorporated municipalities, may employ one (1) patrol officer for the supervisors district wherein are located the two (2) incorporated municipalities.

HISTORY: Codes, 1942, §§ 8063-01, 8063-04; Laws, 1956, ch. 196, §§ 1, 4; Laws, 1960, ch. 207; Laws, 1964, ch. 285, §§ 1, 2; Laws, 1966, ch. 302, § 1; Laws, 1968, ch. 291, § 2; Laws, 1971, ch. 434, § 1; Laws, 1973, ch. 492, §§ 1, 2; Laws, 1980, ch. 395, eff from and after Oct 1, 1980.

§ 45-7-23. Duties of patrol officers; uniforms.

Patrol officers employed pursuant to Section 45-7-21 are authorized to do, in the performance of their duties, all acts authorized to be done by the sheriff, constable, or any peace officer. Said patrol officers, in addition to their duties as peace officers, shall note the condition of the roads and bridges of the county and make report thereof to the board of supervisors as may be required by said board.

Said patrol officers shall not have the power and authority to enforce the traffic laws, rules and regulations of this state, or any related laws upon any highway of the state highway system, unless and until they have been authorized and empowered to enforce such laws and to aid and assist in the enforcement thereof by the commissioner of public safety. The commissioner of public safety may grant or withhold such authority to the patrolmen of each individual county in his discretion, and may provide and promulgate reasonable rules and regulations under which the patrol officers to whom such authority has been granted shall act in enforcing such laws.

In the performance of their official duties, such patrol officers shall have the power and authority to wear uniforms, but they shall not wear the same uniforms as are worn by members of the highway safety patrol of Mississippi, nor shall they wear uniforms substantially identical thereto.

HISTORY: Codes, 1942, § 8063-02; Laws, 1956, ch. 196, § 2.

Cross References —

Provision under which county highway patrolmen may be authorized to wear the uniform and insignia of state highway safety patrolmen and to discharge the duties thereof, see §45-3-29.

RESEARCH REFERENCES

Am. Jur.

70 Am. Jur. 2d, Sheriffs, Police, and Constables §§ 30, 31, 39.

CJS.

80 C.J.S., Sheriffs and Constables §§ 217 et seq.

§ 45-7-25. Radio equipment.

The board of supervisors is authorized and empowered, in its discretion, to acquire radio transmitting and receiving equipment for use by said patrol officers in the performance of their duties.

HISTORY: Codes, 1942, § 8063-03; Laws, 1956, ch. 196, § 3.

§ 45-7-27. Compensation of patrol officers; transportation; bond.

  1. Subject to the provisions of subsection (2), the board of supervisors of any such county may compensate the county patrol officers in an amount not to exceed Two Thousand Dollars ($2,000.00) per month for any one (1) county; in no case shall any one (1) patrol officer receive compensation in excess of Four Hundred Dollars ($400.00) per month. In addition to such compensation, the board of supervisors may furnish said patrol officers with means of transportation or reimburse them for their actual and proven transportation expenses. Such compensation and transportation expenses shall be paid from the general fund of the county.
    1. The board of supervisors of any county bordering on the Mississippi Sound, and having two (2) judicial districts and an assessed valuation of property for ad valorem taxation in excess of Two Hundred Million Dollars ($200,000,000.00) according to the last completed assessment for taxation, may, in its discretion, compensate each such officer in an amount not to exceed One Thousand Five Hundred Dollars ($1,500.00) per month.
    2. The board of supervisors of any county bordering on the west side of the Pearl River, and having two (2) judicial districts and an assessed valuation of property for ad valorem taxation in excess of Two Hundred Million Dollars ($200,000,000.00), according to the last completed assessment for taxation, may, in its discretion, compensate each such officer in an amount not to exceed One Thousand Five Hundred Dollars ($1,500.00) per month.
    3. The board of supervisors of any Class 1 county bordering on the east side of Pearl River, and wherein are located five (5) incorporated municipalities, may compensate the patrol officer employed for the supervisors district wherein are located two (2) incorporated municipalities in an amount not in excess of Four Hundred Fifty Dollars ($450.00) per month.
    4. The board of supervisors of any county bordering on the State of Alabama and the Mississippi Sound and having an assessed valuation of property for ad valorem taxation in excess of Five Hundred Million Dollars ($500,000,000.00) according to the last completed assessment for taxation may, in its discretion, compensate each such officer in an amount not to exceed One Thousand Five Hundred Dollars ($1,500.00) per month.
    5. The board of supervisors of any county bordering on the west side of the Pearl River, and wherein are located four (4) incorporated municipalities, may, in its discretion, compensate each such officer in an amount not to exceed One Thousand Five Hundred Dollars ($1,500.00) per month.
  2. Each county patrol officer shall, prior to entering upon the duties of his office, give bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in a penalty not less than Fifty Thousand Dollars ($50,000.00). The premium for such bond shall be paid from the general fund of such county.

HISTORY: Codes, 1942, § 8063-04; Laws, 1956, ch. 196, § 4; Laws, 1960, ch. 207; Laws, 1964, ch. 285, § 2; Laws, 1966, ch. 302, § 1; Laws, 1968, ch. 291, § 2; Laws, 1971, ch. 434, § 1; Laws, 1973, ch. 492, § 2; Laws, 1975, ch. 505; Laws, 1976, ch. 326; Laws, 1978, ch. 328, § 1; Laws, 1979, ch. 503; Laws, 1980, ch. 557, § 1; Laws, 1985, ch. 415; Laws, 1986, ch. 400, § 31; Laws, 1986, ch. 458, § 39; Laws, 1988, ch. 500; Laws, 2009, ch. 467, § 17, eff from and after July 1, 2009.

Editor’s Notes —

Laws of 1986, ch. 458, § 48, provided that §45-7-27 would stand repealed from and after October 1, 1989. Subsequently, three 1989 chapters (341, 342, and 343) amended Laws of 1986, ch. 458, § 48, by deleting the date for repeal.

Amendment Notes —

The 2009 amendment substituted “not less than Fifty Thousand Dollars ($50,000.00)” for “equal to Ten Thousand Dollars ($10,000.00)” at the end of the first sentence in (3).

RESEARCH REFERENCES

Am. Jur.

70 Am. Jur. 2d, Sheriffs, Police, and Constables §§ 40, 41 et seq.

CJS.

80 C.J.S., Sheriffs and Constables §§ 502 et seq.

§ 45-7-29. Powers to be additional and supplemental.

The power and authority granted in Sections 45-7-21 through 45-7-27 shall be additional and supplemental to the power and authority of Sections 45-7-1 through 45-7-5.

HISTORY: Codes, 1942, § 8063-05; Laws, 1956, ch. 196, § 5.

Patrol Officers in Certain Counties, Bordering on Gulf of Mexico, Bordering on State of Alabama, or Bordering on Mississippi River

§ 45-7-41. Employment of patrol officers.

  1. The board of supervisors of any county:
    1. Bordering on the Gulf of Mexico, having created a county port authority under the provisions of Sections 59-9-1 through 59-9-85, Mississippi Code of 1972; or
    2. Bordering on the State of Alabama, having a land area of seven hundred twenty-one (721) square miles, having a population in excess of sixty-seven thousand (67,000) in the 1960 federal decennial census, wherein there is located a state-supported mental institution, and wherein U. S. Highways 80 and 45 intersect; may employ not more than five (5) county patrol officers.
  2. The board of supervisors of any county bordering on the Mississippi River and having an area of four hundred forty-eight (448) square miles with a population not in excess of thirty-two thousand five hundred (32,500), and a municipality therein with a population in excess of twenty-two thousand (22,000) and of not more than twenty-three thousand (23,000), all in accordance with the federal census of 1950, may employ not more than two (2) county patrol officers.

HISTORY: Codes, 1942, § 8063.5; Laws, 1958, ch. 216, §§ 1-5; Laws, 1960, ch. 206; Laws, 1966, ch. 567, § 1; Laws, 1968, ch. 292; Laws, 1976, ch. 338, § 1, eff from and after passage (approved April 13, 1976).

§ 45-7-43. Duties of patrol officers.

Those county patrol officers who are employed pursuant to the authority granted in Section 45-7-41 shall exercise the same duties and have the same power and authority as provided for under Section 45-7-3.

The duties of such county patrol officers shall be performed only in the county in which employed. Such county patrol officers shall not be authorized to operate county patrol vehicles outside of the limits of such county, except in case of emergency when the public safety and welfare shall require the same.

HISTORY: Codes, 1942, § 8063.5; Laws, 1958, ch. 216, §§ 1-5; Laws, 1960, ch. 206; Laws, 1966, ch. 567, § 1; Laws, 1968, ch. 292, eff from and after passage (approved June 21, 1968).

RESEARCH REFERENCES

Am. Jur.

70 Am. Jur. 2d, Sheriffs, Police, and Constables §§ 30, 31, 39.

CJS.

80 C.J.S., Sheriffs and Constables §§ 51 et seq.

§ 45-7-45. Compensation; transportation; uniforms; equipment.

  1. The board of supervisors of any county specified in subsection (1) of Section 45-7-41 may pay the county patrol officers in an amount not to exceed Five Thousand Dollars ($5,000.00) per month for any one (1) county; in no case shall any one (1) patrol officer receive in excess of Nine Hundred Fifty Dollars ($950.00) per month. Said board may also pay a reimbursement for expenses in an amount not to exceed Five Hundred Dollars ($500.00) per month for any one (1) county; in no case shall any one (1) patrol officer receive in excess of One Hundred Dollars ($100.00) per month.
  2. The board of supervisors of any county specified in subsection (2) of Section 45-7-41 may pay the county patrol officers in an amount not to exceed One Thousand Dollars ($1,000.00) per month for any one (1) county; in no case shall any one (1) patrol officer receive in excess of Five Hundred Dollars ($500.00) per month.
  3. The board of supervisors of any county specified in Section 45-7-41 may furnish said patrol officers means of transportation or reimburse them for their actual and proven transportation expenses, may furnish suitable uniforms, and may acquire radio transmitting and receiving equipment, and such other equipment as may be required for use by said patrol officers in the proper performance of their duties. All salaries and expenses provided for herein shall be paid from the general fund of said county.

HISTORY: Codes, 1942, § 8063.5; Laws, 1958, ch. 216, §§ 1-5; Laws, 1960, ch. 206; Laws, 1966, ch. 567, § 1; Laws, 1968, ch. 292; Laws, 1972, ch. 373, § 1; Laws, 1976, ch. 338, § 2; Laws, 1978, ch. 430, § 1; Laws, 1980, ch. 557, § 2, eff from and after passage (approved May 26, 1980).

RESEARCH REFERENCES

Am. Jur.

70 Am. Jur. 2d, Sheriffs, Police, and Constables §§ 40, 41 et seq.

CJS.

80 C.J.S., Sheriffs and Constables §§ 502 et seq.

§ 45-7-47. Powers to be additional and supplemental.

The power and authority granted in Sections 45-7-41 through 45-7-45 shall be additional and supplemental to Sections 45-7-1 and 45-7-5.

HISTORY: Codes, 1942, § 8063.5; Laws, 1958, ch. 216, §§ 1-5; Laws, 1960, ch. 206; Laws, 1966, ch. 567, § 1; Laws, 1968, ch. 292, eff from and after passage (approved June 21, 1968).

Chapter 9. Weapons

Registration of Firearms [Repealed]

§§ 45-9-1 through 45-9-17. Repealed.

Repealed by Laws, 1986, ch. 341, § 1, eff from and after July 1, 1986.

§45-9-1. [Codes, 1942, § 8621; Laws, 1942, ch. 177; Laws, 1946, ch. 272, §§ 1, 2; Laws, 1950, ch. 444, § 46]

§§45-9-3 through45-9-17. [Codes, 1942, §§ 8622-8625, 8627-8630; Laws, 1942, ch. 177; Laws, 1946, ch. 272, §§ 3-6, 8-11]

Editor’s Notes —

Former §§45-9-1 through45-9-17 pertained to registration of firearms.

§ 45-9-19. Repealed.

Repealed by Laws, 1988, ch. 407, eff from and after passage (approved April 23, 1988).

[Codes, 1942, § 8631.5; Laws, 1969, Ex Sess, ch. 23, § 1]

Reports of Gunshots and Knifings

§ 45-9-31. Medical personnel required to report injuries from gunshots, knifings, and hunting or boating accidents.

Any physician, surgeon, dentist, veterinarian, paramedical employee, or nurse, or any employee of a hospital, clinic, or any other medical institution or office where patients regularly receive care, who treats, at any location, any human being suffering from a wound or injury and who has reason to believe or ought to know that the wound or injury was caused by gunshot or knifing, or receiving a request for such treatment, shall report the same immediately to the municipal police department or sheriff’s office of the municipality or county in which such treatment is administered or request for such treatment is received. If the wound or injury is the result of a hunting or boating accident, the injury shall be reported immediately to the Mississippi Department of Wildlife, Fisheries and Parks.

Any person making a report or the reports required by this section shall be immune from civil liability for the making of the said reports.

HISTORY: Codes, 1942, § 7015-41; Laws, 1972, ch. 530, § 1; Laws, 2002, ch. 365, § 1, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment added the last sentence in the first paragraph.

Restrictions Upon Local Regulation of Firearms or Ammunition

§ 45-9-51. Prohibition against adoption of certain ordinances.

  1. Subject to the provisions of Section 45-9-53, no county or municipality may adopt any ordinance that restricts the possession, carrying, transportation, sale, transfer or ownership of firearms or ammunition or their components.
  2. No public housing authority operating in this state may adopt any rule or regulation restricting a lessee or tenant of a dwelling owned and operated by such public housing authority from lawfully possessing firearms or ammunition or their components within individual dwelling units or the transportation of such firearms or ammunition or their components to and from such dwelling.

HISTORY: Laws, 1986, ch. 471, § 1; Laws, 2014, ch. 443, § 3, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment added (2); in present (1), deleted “or requires” following “any ordinance that restricts” and inserted “carrying” following “the possession.”

Cross References —

Constitutional right to keep and bear arms, see Miss. Const. Art. 3, § 12.

OPINIONS OF THE ATTORNEY GENERAL

A city council has no authority to ban gun shows on the Mississippi State Fairgrounds. White, June 2, 2006, A.G. Op. 06-0220.

Nothing in the Section 21-8-17 or any other legal authority can be interpreted to grant the mayor of a mayor-council municipality the authority to ban gun shows by the issuance of an executive order or otherwise. White, June 2, 2006, A.G. Op. 06-0220.

RESEARCH REFERENCES

ALR.

Validity and construction of gun control laws. 28 A.L.R.3d 845.

Application of statute or regulation dealing with registration or carrying of weapons to transient nonresident. 68 A.L.R.3d 1253.

Validity of state statutes restricting right of aliens to bear arms. 28 A.L.R.4th 1096.

Validity of state gun control legislation under state constitutional provisions securing the right to bear arms. 86 A.L.R.4th 931.

Am. Jur.

79 Am. Jur. 2d, Weapons and Firearms §§ 4-39.

CJS.

94 C.J.S., Weapons §§ 5, 6.

§ 45-9-53. Exceptions; procedure for challenging ordinances; county or municipal programs to purchase weapons from citizens.

  1. This section and Section 45-9-51 do not affect the authority that a county or municipality may have under another law:
    1. To require citizens or public employees to be armed for personal or national defense, law enforcement, or another lawful purpose;
    2. To regulate the discharge of firearms within the limits of the county or municipality. A county or municipality may not apply a regulation relating to the discharge of firearms or other weapons in the extraterritorial jurisdiction of the county or municipality or in an area annexed by the county or municipality after September 1, 1981, if the firearm or other weapon is:

      1. On a tract of land of ten (10) acres or more and more than one hundred fifty (150) feet from a residence or occupied building located on another property; and

      2. In a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or

      1. A shotgun, air rifle or air pistol, BB gun or bow and arrow discharged:
      2. A center fire or rim fire rifle or pistol or a muzzle-loading rifle or pistol of any caliber discharged:

      1. On a tract of land of fifty (50) acres or more and more than three hundred (300) feet from a residence or occupied building located on another property; and

      2. In a manner not reasonably expected to cause a projectile to cross the boundary of the tract;

    3. To regulate the use of property or location of businesses for uses therein pursuant to fire code, zoning ordinances, or land-use regulations, so long as such codes, ordinances and regulations are not used to circumvent the intent of Section 45-9-51 or paragraph (e) of this subsection;
    4. To regulate the use of firearms in cases of insurrection, riots and natural disasters in which the city finds such regulation necessary to protect the health and safety of the public. However, the provisions of this section shall not apply to the lawful possession of firearms, ammunition or components of firearms or ammunition;
    5. To regulate the storage or transportation of explosives in order to protect the health and safety of the public, with the exception of black powder which is exempt up to twenty-five (25) pounds per private residence and fifty (50) pounds per retail dealer;
    6. To regulate the carrying of a firearm at: (i) a public park or at a public meeting of a county, municipality or other governmental body; (ii) a political rally, parade or official political meeting; or (iii) a nonfirearm-related school, college or professional athletic event; or
    7. To regulate the receipt of firearms by pawnshops.
  2. The exception provided by subsection (1)(f) of this section does not apply if the firearm was in or carried to and from an area designated for use in a lawful hunting, fishing or other sporting event and the firearm is of the type commonly used in the activity.
  3. This section and Section 45-9-51 do not authorize a county or municipality or their officers or employees to act in contravention of Section 33-7-303.
  4. No county or a municipality may use the written notice provisions of Section 45-9-101(13) to prohibit concealed firearms on property under their control except:
    1. At a location listed in Section 45-9-101(13) indicating that a license issued under Section 45-9-101 does not authorize the holder to carry a firearm into that location, as long as the sign also indicates that carrying a firearm is unauthorized only for license holders without a training endorsement or that it is a location included in Section 97-37-7(2) where carrying a firearm is unauthorized for all license holders; and
    2. At any location under the control of the county or municipality aside from a location listed in subsection (1)(f) of this section or Section 45-9-101(13) indicating that the possession of a firearm is prohibited on the premises, as long as the sign also indicates that it does not apply to a person properly licensed under Section 45-9-101 or Section 97-37-7(2) to carry a concealed firearm or to a person lawfully carrying a firearm that is not concealed.
    1. A citizen of this state, or a person licensed to carry a concealed pistol or revolver under Section 45-9-101, or a person licensed to carry a concealed pistol or revolver with the endorsement under Section 97-37-7, who is adversely affected by an ordinance or posted written notice adopted by a county or municipality in violation of this section may file suit for declarative and injunctive relief against a county or municipality in the circuit court which shall have jurisdiction over the county or municipality where the violation of this section occurs.
    2. Before instituting suit under this subsection, the party adversely impacted by the ordinance or posted written notice shall notify the Attorney General in writing of the violation and include evidence of the violation. The Attorney General shall, within thirty (30) days, investigate whether the county or municipality adopted an ordinance or posted written notice in violation of this section and provide the chief administrative officer of the county or municipality notice of his findings, including, if applicable, a description of the violation and specific language of the ordinance or posted written notice found to be in violation. The county or municipality shall have thirty (30) days from receipt of that notice to cure the violation. If the county or municipality fails to cure the violation within that thirty-day time period, a suit under paragraph (a) of this subsection may proceed. The findings of the Attorney General shall constitute a “Public Record” as defined by the Mississippi Public Records Act of 1983, Section 25-61-1 et seq.
    3. If the circuit court finds that a county or municipality adopted an ordinance or posted written notice in violation of this section and failed to cure that violation in accordance with paragraph (b) of this subsection, the circuit court shall issue a permanent injunction against a county or municipality prohibiting it from enforcing the ordinance or posted written notice. Any elected county or municipal official under whose jurisdiction the violation occurred may be civilly liable in a sum not to exceed One Thousand Dollars ($1,000.00), plus all reasonable attorney’s fees and costs incurred by the party bringing the suit. Public funds may not be used to defend or reimburse officials who are found by the court to have violated this section.
    4. It shall be an affirmative defense to any claim brought against an elected county or municipal official under this subsection (5) that the elected official:
      1. Did not vote in the affirmative for the adopted ordinance or posted written notice deemed by the court to be in violation of this section;
      2. Did attempt to take recorded action to cure the violation as noticed by the Attorney General in paragraph (b) of this subsection; or
      3. Did attempt to take recorded action to rescind the ordinance or remove the posted written notice deemed by the court to be in violation of this section.
  5. No county or municipality or their officers or employees may participate in any program in which individuals are given a thing of value provided by another individual or other entity in exchange for surrendering a firearm to the county, municipality or other governmental body unless:
    1. The county or municipality has adopted an ordinance authorizing the participation of the county or municipality, or participation by an officer or employee of the county or municipality in such a program; and
    2. Any ordinance enacted pursuant to this section must require that any firearm received shall be offered for sale at auction as provided by Sections 19-3-85 and 21-39-21 to federally licensed firearms dealers, with the proceeds from such sale at auction reverting to the general operating fund of the county, municipality or other governmental body. Any firearm remaining in possession of the county, municipality or other governmental body after attempts to sell at auction may be disposed of in a manner that the body deems appropriate.

HISTORY: Laws, 1986, ch. 471, § 2; Laws, 2006, ch. 450, § 1; Laws, 2014, ch. 443, § 4; Laws, 2015, ch. 433, § 4, eff from and after passage (approved Apr. 9, 2015.).

Amendment Notes —

The 2006 amendment rewrote (1)(b); and added the last sentence in (1)(d).

The 2014 amendment, in (1)(b)(ii)2, inserted “the” following “to cross the boundary of”; in (1)(c), substituted “paragraph” for “subparagraph” and “subsection” for “section” at the end; in (1)(d), substituted “ammunition or components of firearms or ammunition” for “in the home, place of business or in transit to and from the home or place of business”; and added (3), (4), (5), and (6).

The 2015 amendment, in the introductory paragraph of (4), inserted “concealed,” and deleted “in the locations listed in subsection (1)(f) of this section. Nothing in this subsection shall limit the ability of a county or municipality to post signs” from the end.

Cross References —

Constitutional right to keep and bear arms, see Miss. Const. Art. 3, § 12.

OPINIONS OF THE ATTORNEY GENERAL

Nothing in the Section 21-8-17 or any other legal authority can be interpreted to grant the mayor of a mayor-council municipality the authority to ban gun shows by the issuance of an executive order or otherwise. White, June 2, 2006, A.G. Op. 06-0220.

A city council has no authority to ban gun shows on the Mississippi State Fairgrounds. White, June 2, 2006, A.G. Op. 06-0220.

RESEARCH REFERENCES

ALR.

Validity and construction of gun control laws. 28 A.L.R.3d 845.

Application of statute or regulation dealing with registration or carrying of weapons to transient nonresident. 68 A.L.R.3d 1253.

Validity of state statutes restricting right of aliens to bear arms. 28 A.L.R.4th 1096.

Validity of state gun control legislation under state constitutional provisions securing the right to bear arms. 86 A.L.R.4th 931.

Am. Jur.

79 Am. Jur. 2d, Weapons and Firearms §§ 4-39.

30 Am. Jur. Trials 1, Unloaded Gun Litigation.

CJS.

94 C.J.S., Weapons §§ 5, 6.

§ 45-9-55. Employer not permitted to prohibit transportation or storage of firearms on employer property; exceptions; certain immunity for employer.

  1. Except as otherwise provided in subsection (2) of this section, a public or private employer may not establish, maintain, or enforce any policy or rule that has the effect of prohibiting a person from transporting or storing a firearm in a locked vehicle in any parking lot, parking garage, or other designated parking area.
  2. A private employer may prohibit an employee from transporting or storing a firearm in a vehicle in a parking lot, parking garage, or other parking area the employer provides for employees to which access is restricted or limited through the use of a gate, security station or other means of restricting or limiting general public access onto the property.
  3. This section shall not apply to vehicles owned or leased by an employer and used by the employee in the course of his business.
  4. This section does not authorize a person to transport or store a firearm on any premises where the possession of a firearm is prohibited by state or federal law.
  5. A public or private employer shall not be liable in a civil action for damages resulting from or arising out of an occurrence involving the transportation, storage, possession or use of a firearm covered by this section.

HISTORY: Laws, 2006, ch. 450, § 2, eff from and after July 1, 2006.

JUDICIAL DECISIONS

0.5. Construction.

1. Wrongful discharge.

0.5. Construction.

Miss. Const. art. 3, § 12, Miss. Code Ann. §97-37-1(2), and Miss. Code Ann. §45-9-55 establish the express legislative action and the State law prohibitions, and an employee may be discharged at the employer’s will for good reason, bad reason, or no reason at all, excepting reasons independently declared legally impermissible; an employee is wrongfully discharged if terminated for an act specifically allowed by State law, the prohibition of which is specifically disallowed by statutory law. Swindol v. Aurora Flight Scis. Corp., 194 So.3d 847, 2016 Miss. LEXIS 131 (Miss. 2016).

1. Wrongful discharge.

Where a former employee appealed a district court’s dismissal of his wrongful termination claim, based on the response of the Mississippi Supreme Court to a certified question as to the effect of Miss. Code Ann. §45-9-55, he stated a claim for wrongful discharge under Mississippi law. Swindol v. Aurora Flight Scis. Corp., 832 F.3d 492, 2016 U.S. App. LEXIS 14550 (5th Cir. Miss. 2016).

Subsection (5) did not shield an employer from liability for the wrongful discharge of an employee for storing a firearm in a locked vehicle on company property because it established freedom from liability for the actions of employees or third parties; while in subsection (1) employers cannot enforce policies or rules that had the effect of prohibiting a person from having a firearm in a locked vehicle, it also chose to grant employers immunity should an occurrence result from that prohibition. Swindol v. Aurora Flight Scis. Corp., 194 So.3d 847, 2016 Miss. LEXIS 131 (Miss. 2016).

Employer was liable for the wrongful discharge of an employee for storing a firearm in a locked vehicle on company property because the Legislature declared that it was legally impermissible for an employer to terminate an employee for having a firearm inside his or her locked vehicle on company property. Swindol v. Aurora Flight Scis. Corp., 194 So.3d 847, 2016 Miss. LEXIS 131 (Miss. 2016).

Court certified to the Mississippi Supreme Court question of whether in Mississippi employer could be liable for wrongful discharge of employee for storing firearm in locked vehicle on company property in manner that was consistent with Miss. Code Ann. §45-9-55 because the issue presented an important and determinative question of state law that had not been addressed by Mississippi courts. Swindol v. Aurora Flight Scis. Corp., 805 F.3d 516, 2015 U.S. App. LEXIS 15232 (5th Cir. Miss. 2015).

§ 45-9-57. Regulation by county of discharge of any firearm within platted subdivision.

A county may regulate the discharge of any firearm or weapon, other than a BB gun, within any platted subdivision.However, no county may prohibit the discharge of any firearm or weapon on land, if such firearm or weapon is discharged in a manner not reasonably expected to cause a projectile from such firearm or weapon to travel across any property line without permission of the property owner.

HISTORY: Laws, 2010, ch. 523, § 3, eff from and after July 1, 2010.

License to Carry Concealed Pistol or Revolver

§ 45-9-101. License to carry stun gun, concealed pistol or revolver; license fees; exemptions; no license required to carry pistol or revolver in purse, briefcase, fully enclosed case, etc.

    1. Except as otherwise provided, the Department of Public Safety is authorized to issue licenses to carry stun guns, concealed pistols or revolvers to persons qualified as provided in this section. Such licenses shall be valid throughout the state for a period of five (5) years from the date of issuance. Any person possessing a valid license issued pursuant to this section may carry a stun gun, concealed pistol or concealed revolver.
    2. The licensee must carry the license, together with valid identification, at all times in which the licensee is carrying a stun gun, concealed pistol or revolver and must display both the license and proper identification upon demand by a law enforcement officer. A violation of the provisions of this paragraph (b) shall constitute a noncriminal violation with a penalty of Twenty-five Dollars ($25.00) and shall be enforceable by summons.
  1. The Department of Public Safety shall issue a license if the applicant:
    1. Is a resident of the state. However, this residency requirement may be waived if the applicant possesses a valid permit from another state, is active military personnel stationed in Mississippi, or is a retired law enforcement officer establishing residency in the state;
      1. Is twenty-one (21) years of age or older; or
      2. Is at least eighteen (18) years of age but not yet twenty-one (21) years of age and the applicant:

      1. Is a member or veteran of the United States Armed Forces, including National Guard or Reserve; and

      2. Holds a valid Mississippi driver’s license or identification card issued by the Department of Public Safety;

    2. Does not suffer from a physical infirmity which prevents the safe handling of a stun gun, pistol or revolver;
    3. Is not ineligible to possess a firearm by virtue of having been convicted of a felony in a court of this state, of any other state, or of the United States without having been pardoned for same;
    4. Does not chronically or habitually abuse controlled substances to the extent that his normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses controlled substances to the extent that his faculties are impaired if the applicant has been voluntarily or involuntarily committed to a treatment facility for the abuse of a controlled substance or been found guilty of a crime under the provisions of the Uniform Controlled Substances Law or similar laws of any other state or the United States relating to controlled substances within a three-year period immediately preceding the date on which the application is submitted;
    5. Does not chronically and habitually use alcoholic beverages to the extent that his normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages to the extent that his normal faculties are impaired if the applicant has been voluntarily or involuntarily committed as an alcoholic to a treatment facility or has been convicted of two (2) or more offenses related to the use of alcohol under the laws of this state or similar laws of any other state or the United States within the three-year period immediately preceding the date on which the application is submitted;
    6. Desires a legal means to carry a stun gun, concealed pistol or revolver to defend himself;
    7. Has not been adjudicated mentally incompetent, or has waited five (5) years from the date of his restoration to capacity by court order;
    8. Has not been voluntarily or involuntarily committed to a mental institution or mental health treatment facility unless he possesses a certificate from a psychiatrist licensed in this state that he has not suffered from disability for a period of five (5) years;
    9. Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony unless three (3) years have elapsed since probation or any other conditions set by the court have been fulfilled;
    10. Is not a fugitive from justice; and
    11. Is not disqualified to possess a weapon based on federal law.
  2. The Department of Public Safety may deny a license if the applicant has been found guilty of one or more crimes of violence constituting a misdemeanor unless three (3) years have elapsed since probation or any other conditions set by the court have been fulfilled or expunction has occurred prior to the date on which the application is submitted, or may revoke a license if the licensee has been found guilty of one or more crimes of violence within the preceding three (3) years. The department shall, upon notification by a law enforcement agency or a court and subsequent written verification, suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime which would disqualify such person from having a license under this section, until final disposition of the case. The provisions of subsection (7) of this section shall apply to any suspension or revocation of a license pursuant to the provisions of this section.
  3. The application shall be completed, under oath, on a form promulgated by the Department of Public Safety and shall include only:
    1. The name, address, place and date of birth, race, sex and occupation of the applicant;
    2. The driver’s license number or social security number of applicant;
    3. Any previous address of the applicant for the two (2) years preceding the date of the application;
    4. A statement that the applicant is in compliance with criteria contained within subsections (2) and (3) of this section;
    5. A statement that the applicant has been furnished a copy of this section and is knowledgeable of its provisions;
    6. A conspicuous warning that the application is executed under oath and that a knowingly false answer to any question, or the knowing submission of any false document by the applicant, subjects the applicant to criminal prosecution; and
    7. A statement that the applicant desires a legal means to carry a stun gun, concealed pistol or revolver to defend himself.
  4. The applicant shall submit only the following to the Department of Public Safety:
    1. A completed application as described in subsection (4) of this section;
    2. A full-face photograph of the applicant taken within the preceding thirty (30) days in which the head, including hair, in a size as determined by the Department of Public Safety, except that an applicant who is younger than twenty-one (21) years of age must submit a photograph in profile of the applicant;
    3. A nonrefundable license fee of Eighty Dollars ($80.00). Costs for processing the set of fingerprints as required in paragraph (d) of this subsection shall be borne by the applicant. Honorably retired law enforcement officers, disabled veterans and active duty members of the Armed Forces of the United States shall be exempt from the payment of the license fee;
    4. A full set of fingerprints of the applicant administered by the Department of Public Safety; and
    5. A waiver authorizing the Department of Public Safety access to any records concerning commitments of the applicant to any of the treatment facilities or institutions referred to in subsection (2) and permitting access to all the applicant’s criminal records.
    1. The Department of Public Safety, upon receipt of the items listed in subsection (5) of this section, shall forward the full set of fingerprints of the applicant to the appropriate agencies for state and federal processing.
    2. The Department of Public Safety shall forward a copy of the applicant’s application to the sheriff of the applicant’s county of residence and, if applicable, the police chief of the applicant’s municipality of residence. The sheriff of the applicant’s county of residence and, if applicable, the police chief of the applicant’s municipality of residence may, at his discretion, participate in the process by submitting a voluntary report to the Department of Public Safety containing any readily discoverable prior information that he feels may be pertinent to the licensing of any applicant. The reporting shall be made within thirty (30) days after the date he receives the copy of the application. Upon receipt of a response from a sheriff or police chief, such sheriff or police chief shall be reimbursed at a rate set by the department.
    3. The Department of Public Safety shall, within forty-five (45) days after the date of receipt of the items listed in subsection (5) of this section:
      1. Issue the license;
      2. Deny the application based solely on the ground that the applicant fails to qualify under the criteria listed in subsections (2) and (3) of this section. If the Department of Public Safety denies the application, it shall notify the applicant in writing, stating the ground for denial, and the denial shall be subject to the appeal process set forth in subsection (7); or
      3. Notify the applicant that the department is unable to make a determination regarding the issuance or denial of a license within the forty-five-day period prescribed by this subsection, and provide an estimate of the amount of time the department will need to make the determination.
    4. In the event a legible set of fingerprints, as determined by the Department of Public Safety and the Federal Bureau of Investigation, cannot be obtained after a minimum of two (2) attempts, the Department of Public Safety shall determine eligibility based upon a name check by the Mississippi Highway Safety Patrol and a Federal Bureau of Investigation name check conducted by the Mississippi Highway Safety Patrol at the request of the Department of Public Safety.
    1. If the Department of Public Safety denies the issuance of a license, or suspends or revokes a license, the party aggrieved may appeal such denial, suspension or revocation to the Commissioner of Public Safety, or his authorized agent, within thirty (30) days after the aggrieved party receives written notice of such denial, suspension or revocation. The Commissioner of Public Safety, or his duly authorized agent, shall rule upon such appeal within thirty (30) days after the appeal is filed and failure to rule within this thirty-day period shall constitute sustaining such denial, suspension or revocation. Such review shall be conducted pursuant to such reasonable rules and regulations as the Commissioner of Public Safety may adopt.
    2. If the revocation, suspension or denial of issuance is sustained by the Commissioner of Public Safety, or his duly authorized agent pursuant to paragraph (a) of this subsection, the aggrieved party may file within ten (10) days after the rendition of such decision a petition in the circuit or county court of his residence for review of such decision. A hearing for review shall be held and shall proceed before the court without a jury upon the record made at the hearing before the Commissioner of Public Safety or his duly authorized agent. No such party shall be allowed to carry a stun gun, concealed pistol or revolver pursuant to the provisions of this section while any such appeal is pending.
  5. The Department of Public Safety shall maintain an automated listing of license holders and such information shall be available online, upon request, at all times, to all law enforcement agencies through the Mississippi Crime Information Center. However, the records of the department relating to applications for licenses to carry stun guns, concealed pistols or revolvers and records relating to license holders shall be exempt from the provisions of the Mississippi Public Records Act of 1983, and shall be released only upon order of a court having proper jurisdiction over a petition for release of the record or records.
  6. Within thirty (30) days after the changing of a permanent address, or within thirty (30) days after having a license lost or destroyed, the licensee shall notify the Department of Public Safety in writing of such change or loss. Failure to notify the Department of Public Safety pursuant to the provisions of this subsection shall constitute a noncriminal violation with a penalty of Twenty-five Dollars ($25.00) and shall be enforceable by a summons.
  7. In the event that a stun gun, concealed pistol or revolver license is lost or destroyed, the person to whom the license was issued shall comply with the provisions of subsection (9) of this section and may obtain a duplicate, or substitute thereof, upon payment of Fifteen Dollars ($15.00) to the Department of Public Safety, and furnishing a notarized statement to the department that such license has been lost or destroyed.
  8. A license issued under this section shall be revoked if the licensee becomes ineligible under the criteria set forth in subsection (2) of this section.
    1. No less than ninety (90) days prior to the expiration date of the license, the Department of Public Safety shall mail to each licensee a written notice of the expiration and a renewal form prescribed by the department. The licensee must renew his license on or before the expiration date by filing with the department the renewal form, a notarized affidavit stating that the licensee remains qualified pursuant to the criteria specified in subsections (2) and (3) of this section, and a full set of fingerprints administered by the Department of Public Safety or the sheriff of the county of residence of the licensee. The first renewal may be processed by mail and the subsequent renewal must be made in person. Thereafter every other renewal may be processed by mail to assure that the applicant must appear in person every ten (10) years for the purpose of obtaining a new photograph.
      1. Except as provided in this subsection, a renewal fee of Forty Dollars ($40.00) shall also be submitted along with costs for processing the fingerprints;
      2. Honorably retired law enforcement officers, disabled veterans and active duty members of the Armed Forces of the United States shall be exempt from the renewal fee; and
      3. The renewal fee for a Mississippi resident aged sixty-five (65) years of age or older shall be Twenty Dollars ($20.00).
    2. The Department of Public Safety shall forward the full set of fingerprints of the applicant to the appropriate agencies for state and federal processing. The license shall be renewed upon receipt of the completed renewal application and appropriate payment of fees.
    3. A licensee who fails to file a renewal application on or before its expiration date must renew his license by paying a late fee of Fifteen Dollars ($15.00). No license shall be renewed six (6) months or more after its expiration date, and such license shall be deemed to be permanently expired. A person whose license has been permanently expired may reapply for licensure; however, an application for licensure and fees pursuant to subsection (5) of this section must be submitted, and a background investigation shall be conducted pursuant to the provisions of this section.
  9. No license issued pursuant to this section shall authorize any person to carry a stun gun, concealed pistol or revolver into any place of nuisance as defined in Section 95-3-1, Mississippi Code of 1972; any police, sheriff or highway patrol station; any detention facility, prison or jail; any courthouse; any courtroom, except that nothing in this section shall preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his courtroom; any polling place; any meeting place of the governing body of any governmental entity; any meeting of the Legislature or a committee thereof; any school, college or professional athletic event not related to firearms; any portion of an establishment, licensed to dispense alcoholic beverages for consumption on the premises, that is primarily devoted to dispensing alcoholic beverages; any portion of an establishment in which beer or light wine is consumed on the premises, that is primarily devoted to such purpose; any elementary or secondary school facility; any junior college, community college, college or university facility unless for the purpose of participating in any authorized firearms-related activity; inside the passenger terminal of any airport, except that no person shall be prohibited from carrying any legal firearm into the terminal if the firearm is encased for shipment, for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; any church or other place of worship, except as provided in Section 45-9-171; or any place where the carrying of firearms is prohibited by federal law. In addition to the places enumerated in this subsection, the carrying of a stun gun, concealed pistol or revolver may be disallowed in any place in the discretion of the person or entity exercising control over the physical location of such place by the placing of a written notice clearly readable at a distance of not less than ten (10) feet that the “carrying of a pistol or revolver is prohibited.” No license issued pursuant to this section shall authorize the participants in a parade or demonstration for which a permit is required to carry a stun gun, concealed pistol or revolver.
  10. A law enforcement officer as defined in Section 45-6-3, chiefs of police, sheriffs and persons licensed as professional bondsmen pursuant to Chapter 39, Title 83, Mississippi Code of 1972, shall be exempt from the licensing requirements of this section. The licensing requirements of this section do not apply to the carrying by any person of a stun gun, pistol or revolver, knife, or other deadly weapon that is not concealed as defined in Section 97-37-1.
  11. Any person who knowingly submits a false answer to any question on an application for a license issued pursuant to this section, or who knowingly submits a false document when applying for a license issued pursuant to this section, shall, upon conviction, be guilty of a misdemeanor and shall be punished as provided in Section 99-19-31, Mississippi Code of 1972.
  12. All fees collected by the Department of Public Safety pursuant to this section shall be deposited into a special fund hereby created in the State Treasury and shall be used for implementation and administration of this section. After the close of each fiscal year, the balance in this fund shall be certified to the Legislature and then may be used by the Department of Public Safety as directed by the Legislature.
  13. All funds received by a sheriff or police chief pursuant to the provisions of this section shall be deposited into the general fund of the county or municipality, as appropriate, and shall be budgeted to the sheriff’s office or police department as appropriate.
  14. Nothing in this section shall be construed to require or allow the registration, documentation or providing of serial numbers with regard to any stun gun or firearm.
  15. Any person holding a valid unrevoked and unexpired license to carry stun guns, concealed pistols or revolvers issued in another state shall have such license recognized by this state to carry stun guns, concealed pistols or revolvers. The Department of Public Safety is authorized to enter into a reciprocal agreement with another state if that state requires a written agreement in order to recognize licenses to carry stun guns, concealed pistols or revolvers issued by this state.
  16. The provisions of this section shall be under the supervision of the Commissioner of Public Safety. The commissioner is authorized to promulgate reasonable rules and regulations to carry out the provisions of this section.
  17. For the purposes of this section, the term “stun gun” means a portable device or weapon from which an electric current, impulse, wave or beam may be directed, which current, impulse, wave or beam is designed to incapacitate temporarily, injure, momentarily stun, knock out, cause mental disorientation or paralyze.
    1. From and after January 1, 2016, the Commissioner of Public Safety shall promulgate rules and regulations which provide that licenses authorized by this section for honorably retired law enforcement officers and honorably retired correctional officers from the Mississippi Department of Corrections shall (i) include the words “retired law enforcement officer” on the front of the license, and (ii) that the license itself have a red background to distinguish it from other licenses issued under this section.
    2. An honorably retired law enforcement officer and honorably retired correctional officer shall provide the following information to receive the license described in this section: (i) a letter, with the official letterhead of the agency or department from which such officer is retiring, which explains that such officer is honorably retired, and (ii) a letter with the official letterhead of the agency or department, which explains that such officer has completed a certified law enforcement training academy.
  18. A disabled veteran who seeks to qualify for an exemption under this section shall be required to provide, as proof of service-connected disability, verification from the United States Department of Veterans Affairs.
  19. A license under this section is not required for a loaded or unloaded pistol or revolver to be carried upon the person in a sheath, belt holster or shoulder holster or in a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case if the person is not engaged in criminal activity other than a misdemeanor traffic offense, is not otherwise prohibited from possessing a pistol or revolver under state or federal law, and is not in a location prohibited under subsection (13) of this section.

HISTORY: Laws, 1991, ch. 609, § 1; Laws, 1997, ch. 470, § 1; Laws, 2004, ch. 430, § 1; Laws, 2007, ch. 507, § 1; Laws, 2008, ch. 459, § 1; Laws, 2009, ch. 518, § 1; Laws, 2010, ch. 480, § 2; Laws, 2012, ch. 372, § 1; Laws, 2013, ch. 307, § 2; Laws, 2013, ch. 308, § 4; Laws, 2014, ch. 307, § 1; Laws, 2015, ch. 433, § 2; Laws, 2015, ch. 445, § 1; Laws, 2016, ch. 421, § 2, eff from and after passage (approved Apr. 15, 2016).

Joint Legislative Committee Note —

Section 2 of ch. 307, Laws of 2013, effective from and after passage (approved March 4, 2013), amended this section. Section 4 of ch. 308, Laws of 2013, effective from and after July 1, 2013 (approved March 4, 2013), also amended this section. As set out above, this section reflects the language of both amendments, pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the August 1, 2013, meeting of the Committee.

Section 2 of ch. 433, Laws of 2015, effective upon passage (approved April 9, 2015), amended this section. Section 1 of ch. 445, Laws of 2015, effective July 1, 2015 (approved April 9, 2015) also amended this section. As set out above, this section reflects the language of both amendments pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision, and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision, and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the August 17, 2015, meeting of the Committee.

Amendment Notes —

The 2004 amendment added the last sentence of (2)(a); added (2)( l ); substituted “three (3)” for “two (2) in (6)(d); rewrote (12); and added (20).

The 2007 amendment inserted “stun gun” and “stun guns” throughout the section; and added (21).

The 2008 amendment substituted “five (5) years” for “four (4) years” in (1); added “taken within the . . . Public Safety” at the end of (5)(b); and rewrote (12).

The 2009 amendment substituted “paragraph (d)” for “paragraph (c)” in (5)(c); in (6)(c), substituted “forty-five (45) days” for “one hundred twenty (120) days” in the introductory language, and added (iii); added the last two sentences of (12); and made minor stylistic changes.

The 2010 amendment deleted “any public park unless for the purpose of participating in any authorized firearms-related activity” following “Legislature or a committee thereof” in (13).

The 2012 amendment in (19), deleted “provided that the issuing state authorizes license holders from this state to carry stun guns, concealed pistols or revolvers in such issuing state and the appropriate authority has communicated that fact to the Department of Public Safety” at the end of the first sentence and added the last sentence.

The first 2013 amendment (ch. 307), substituted “and shall be released only upon order of a court having proper jurisdiction over a petition for release of the record or records” for “for a period of forty five (45) days from the date of the issuance of the license or the final denial of an application” at the end of the last sentence of (8).

The second 2013 amendment (ch. 308), added (2)(b); in (2)( l ) deleted “or own” preceding “a weapon based on federal law”; added the exception at the end of (5)(b); added the last sentence of (14); and deleted former last sentence of (18), which read: “Further, nothing in this section shall be construed to allow the open and unconcealed carrying of any stun gun or a deadly weapon as described in Section 97-37-1, Mississippi Code of 1972.”

The 2014 amendment inserted “and disabled veterans” following “law enforcement officers” in the last sentence of (5)(c) and in (12)(a)(ii).

The first 2015 amendment (ch. 433) substituted “if the applicant” for “provided the applicant” in (2)(a); and in (2)(b)(ii), inserted “including National Guard or Reserve” in 1, and deleted “with the ‘Veteran’ designation” following “identification card” in 2.

The second 2015 amendment (ch. 445) added “Except as otherwise provided” at the beginning of (1)(a); in (5)(c), substituted “Eighty Dollars ($80.00)” for “One Hundred Dollars ($ 100.00),” inserted “and active duty members of the Armed Forces of the United States” and made a related stylistic change; in (12)(a), substituted “Forty Dollars ($40.00)” for “Fifty Dollars ($50.00)” in (i) inserted “and active duty members of the Armed Forces of the United States” and made a related stylistic change in (ii), and substituted “Twenty Dollars ($20.00)” for “Twenty-five Dollars ($ 25.00)” in (iii); and added (22) through (24).

The 2016 amendment deleted “and has been a resident for twelve (12) months or longer immediately preceding the filing of the application” following “state” at the end of the first sentence of (2)(a); inserted “except as provided in Section 45-9-171” in the first sentence of (13); and rewrote (24), which read: “No license shall be required under this section for a loaded or unloaded pistol or revolver carried in a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case.”

Cross References —

Mississippi Public Records Act of 1983, see §§25-61-1 et seq.

Applicability of §§27-103-101 through27-103-139 and27-104-1 through27-104-29 to fund created pursuant to this section, see §27-104-27.

Uniform Controlled Substances Law, see §§41-29-101 et seq.

Carrying concealed weapon generally, see §97-37-1.

Private information of persons possessing a weapon permit issued under this section or Section97-37-7 exempt from Mississippi Public Records Act, see §25-61-11.1.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

OPINIONS OF THE ATTORNEY GENERAL

A person may legally carry a weapon within a motor vehicle regardless of whether or not he has obtained a permit. Cooke, Dec. 4, 1991, A.G. Op. #91-0898.

Miss. Code Section 45-9-101 allows permits for carrying concealed weapons by general public. Bowen, Jan. 14, 1993, A.G. Op. #92-0934.

Pursuant to Section 45-9-101(14) a sworn police officer does not need a permit to carry a concealed weapon while off duty. Schwing, July 26, 1996, A.G. Op. #96-0488.

The authority of a professional bondsman to carry a concealed weapon is limited by this statute. Doggette, August 28, 1998, A.G. Op. #98-0493.

Any person who obtains a license pursuant to the statute may carry a concealed pistol or concealed revolver. Carrithers, October 27, 1998, A.G. Op. #98-0629.

Subsection (2)(j) of this section allows the Department of Public Safety to issue a firearm permit to a person who pled guilty to a felony if the court non-adjudicated the offense or suspended the imposition of a sentence; however, if the court accepts a guilty plea, sentences the defendant and then suspends the sentence, the defendant would be a convicted felon and would be prohibited from receiving a license under subsection (2)(d) of this section. Younger, January 29, 1999, A.G. Op. #99-0014.

The Mississippi Department of Public Safety may not recognize a Louisiana first offender pardon for the purposes of issuing a weapons permit. Spann, Jan. 25, 2002, A.G. Op. #02-0012.

An individual who has received a relief of disability under 18 U.S.C. § 925(c) is not disqualified from receiving a firearms permit as a result of a federal felony conviction. Busby, Mar. 8, 2002, A.G. Op. #02-0092.

Local businesses may prohibit a “bounty hunter” from entering the place of business if he is carrying a concealed weapon. Page, May 24, 2002, A.G. Op. #02-0299.

A sworn law enforcement officer does not need a permit to carry a concealed weapon while off duty, however, an officer may not use public property, i.e., uniform, weapon, badge, automobile or other county-owned equipment while working for a private employer. Thames, Dec. 20, 2002, A.G. Op. #02-0722.

RESEARCH REFERENCES

ALR.

Validity and construction of gun control laws. 28 A.L.R.3d 845.

Who is entitled to permit to carry concealed weapon. 51 A.L.R.3d 504.

Application of statute or regulation dealing with registration or carrying of weapons to transient nonresident. 68 A.L.R.3d 1253.

Am. Jur.

79 Am. Jur. 2d, Weapons and Firearms § 17.

CJS.

94 C.J.S., Weapons §§ 5, 6.

§ 45-9-103. Federal firearm reporting.

[Effective until January 1, 2020, this section will read as follows:]

  1. In this section, “federal prohibited-person information” means information that identifies an individual as:
    1. A person who has been judicially determined by a court as a person with mental illness or person with an intellectual disability under Title 41, Chapter 21, Mississippi Code of 1972, whether ordered for inpatient treatment, outpatient treatment, day treatment, night treatment or home health services treatment;
    2. A person acquitted in a criminal case by reason of insanity or on a ground of intellectual disability, without regard to whether the person is ordered by a court to receive inpatient treatment or residential care under Section 99-13-7;
    3. An adult individual for whom a court has appointed a guardian or conservator under Title 93, Chapter 13, based on the determination that the person is incapable of managing his own estate due to mental weakness; or
    4. A person determined to be incompetent to stand trial by a court pursuant to Rule 9.06 of the Mississippi Rules of Circuit and County Court Practice.
  2. The Department of Public Safety by rule shall establish a procedure to provide federal prohibited-person information to the Federal Bureau of Investigation for use with the National Instant Criminal Background Check System. Except as otherwise provided by state law, the department may disseminate federal prohibited-person information under this subsection only to the extent necessary to allow the Federal Bureau of Investigation to collect and maintain a list of persons who are prohibited under federal law from engaging in certain activities with respect to a firearm.
  3. The department shall grant access to a person’s own federal prohibited-person information to the person who is the subject of the information.
  4. Federal prohibited-person information maintained by the department is confidential information for the use of the department and, except as otherwise provided by this section and other state law, is not a public record and may not be disseminated by the department.
  5. The department by rule shall establish a procedure to correct department records and transmit those corrected records to the Federal Bureau of Investigation when a person provides:
    1. A copy of a judicial order or finding under Section 93-13-151 that a person has been restored to reason;
    2. Proof that the person has obtained notice of relief from disabilities under 18 USC, Section 925; or
    3. A copy of a judicial order of relief from a firearms disability under Section 97-37-5(4).

HISTORY: Laws, 2013, ch. 384, § 1, eff from and after July 1, 2013; Laws, 2019, ch. 463, § 4, eff from and after January 1, 2020.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in subsection (1)(a) by substituting “a person with mental illness or person with an intellectual disability” for “a mentally ill or mentally retarded person.” The Joint Committee ratified the correction at its August 1, 2013, meeting.

Amendment Notes -–

The 2019 amendment, effective January 1, 2020, in (1)(c), substituted “Article 2, 3 or 4 of Title 93, Chapter 20, Mississippi Code of 1972” for “Title 93, Chapter 13,” and “managing his own person or estate; or” for “managing his own estate due to mental weakness; or”; and substituted “Section 93-20-318 or 93-20-430” for “Section 93-13-151” in (5)(a).

§ 45-9-103. Federal firearm reporting.

[Effective from and after January 1 2020, this section will read as follows:]

  1. In this section, “federal prohibited-person information” means information that identifies an individual as:
    1. A person who has been judicially determined by a court as a person with mental illness or person with an intellectual disability under Title 41, Chapter 21, Mississippi Code of 1972, whether ordered for inpatient treatment, outpatient treatment, day treatment, night treatment or home health services treatment;
    2. A person acquitted in a criminal case by reason of insanity or on a ground of intellectual disability, without regard to whether the person is ordered by a court to receive inpatient treatment or residential care under Section 99-13-7;
    3. An adult individual for whom a court has appointed a guardian or conservator under Article 2, 3 or 4 of Title 93, Chapter 20, Mississippi Code of 1972, based on the determination that the person is incapable of managing his own person or estate; or
    4. A person determined to be incompetent to stand trial by a court pursuant to Rule 9.06 of the Mississippi Rules of Circuit and County Court Practice.
  2. The Department of Public Safety by rule shall establish a procedure to provide federal prohibited-person information to the Federal Bureau of Investigation for use with the National Instant Criminal Background Check System. Except as otherwise provided by state law, the department may disseminate federal prohibited-person information under this subsection only to the extent necessary to allow the Federal Bureau of Investigation to collect and maintain a list of persons who are prohibited under federal law from engaging in certain activities with respect to a firearm.
  3. The department shall grant access to a person’s own federal prohibited-person information to the person who is the subject of the information.
  4. Federal prohibited-person information maintained by the department is confidential information for the use of the department and, except as otherwise provided by this section and other state law, is not a public record and may not be disseminated by the department.
  5. The department by rule shall establish a procedure to correct department records and transmit those corrected records to the Federal Bureau of Investigation when a person provides:
    1. A copy of a judicial order or finding under Section 93-20-318 or 93-20-430 that a person has been restored to reason;
    2. Proof that the person has obtained notice of relief from disabilities under 18 USC, Section 925; or
    3. A copy of a judicial order of relief from a firearms disability under Section 97-37-5(4).

HISTORY: Laws, 2013, ch. 384, § 1, eff from and after July 1, 2013; Laws, 2019, ch. 463, § 4, eff from and after January 1, 2020.

Purchase of Sidearms by Retiring Law Enforcement Personnel

§ 45-9-131. Purchase of sidearm by retiring law enforcement officer or spouse of law enforcement officer killed in line of duty.

Upon approval of the governing authority of the municipality or county, a member of any municipal or county law enforcement agency who retires under any state retirement system or the spouse of a law enforcement officer who is killed in the line of duty may be allowed to purchase as his or her personal property one (1) sidearm which was issued to the law enforcement officer by the law enforcement agency from which he or she retired or by whom he or she was employed at the time of death. The governing authority of the municipality or county shall determine the amount to be paid for the firearm by the retiring member of the law enforcement agency or the spouse of the law enforcement officer.

HISTORY: Laws, 1995, ch. 462, § 1; Laws, 2013, ch. 381, § 1, eff from and after passage (approved Mar. 20, 2013.).

Amendment Notes —

The 2013 amendment substituted “authority” for “authorities” in both sentences; inserted “or the spouse of a law enforcement officer who is killed in the line of duty” and “or by whom he or she was employed at the time of death” in the first sentence and “or the spouse of the law enforcement officer” in the second sentence and made gender neutral changes throughout.

OPINIONS OF THE ATTORNEY GENERAL

There is no fair market value requirement placed on a firearm when it is sold to a law enforcement officer who is retiring under the conditions set forth in the statute; the sale will not be considered an illegal donation if the firearm is sold for less than fair market value so long as the retirement conditions in the statute are met. Robichaux, March 10, 2000, A.G. Op. #2000-0124.

§ 45-9-133. Retention of sidearm by retiring law enforcement officer of Mississippi Department of Transportation.

Each person employed as a law enforcement officer by the Mississippi Department of Transportation who retires for superannuation or for reason of disability under the Public Employees’ Retirement System shall be allowed to retain as his personal property, one (1) sidearm which was issued to such law enforcement officer.

HISTORY: Laws, 2010, ch. 550, § 2, eff from and after passage (approved Apr. 28, 2010.).

Docket of Deadly Weapons Seized

§ 45-9-151. Docket of deadly weapons seized.

  1. Every law enforcement agency of the state or of any political subdivision thereof shall maintain a docket which shall contain a record of all deadly weapons that are seized by employees of such law enforcement agency. Such docket shall include the name of the arresting officer, the date of the arrest, the charge upon which the seizure was based, the name of the person from whom such deadly weapon was seized, the physical description of the deadly weapon, the serial number, if any, of the deadly weapon, and the chain of custody of the deadly weapon.
  2. Every deadly weapon seized by any law enforcement officer shall be entered into the docket required to be maintained pursuant to subsection (1) of this section within ten (10) days after the occurrence of such seizure.
  3. If the court orders any seized deadly weapon to be forfeited and disposed of by sale, the proceeds of such sale shall be deposited into the general fund of the governmental entity of which such law enforcement agency is a part and shall be budgeted to such law enforcement agency. The provisions of this subsection shall not apply to deadly weapons that are subject to forfeiture pursuant to Section 41-29-153, Mississippi Code of 1972.
  4. Any law enforcement officer who knowingly fails to cause a seized deadly weapon to be entered into the docket within the time limit specified in subsection (2) of this section shall be guilty of a misdemeanor and, upon conviction thereof, may be fined not more than One Thousand Dollars ($1,000.00). A conviction under the provisions of this section shall not be used as the basis for removal of a person from elective office.

HISTORY: Laws, 1991, ch. 609, § 2, eff from and after July 1, 1991.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

OPINIONS OF THE ATTORNEY GENERAL

The manner in which deadly weapons should be disposed of depends on the manner in which they were seized; specifically, Section 41-29-177 provides for the manner in which a weapon that has been seized and forfeited under the Uniform Controlled Substances Law should be disposed of; for all other deadly weapons that are seized, Section 45-9-151 should be followed; Section 21-39-21 is a general statute with regard to lost, stolen, abandoned or misplaced property, but Section 45-9-151 is specific to deadly weapons and therefore the more specific statute should be followed. Malta, May 26, 2000, A.G. Op. #2000-0221.

A law enforcement agency or any political subdivision of the state that is required to maintain a docket of deadly weapons seized in accordance with this section may keep such a docket via computer. Please note that a computer docket must still be accessible to the public and comply with the Public Records Act. Acey, Dec. 19, 2003, A.G. Op. 03-0664.

RESEARCH REFERENCES

ALR.

Forfeiture of property for unlawful use before trial of individual offender. 3 A.L.R.2d 738.

Mississippi Church Protection Act

§ 45-9-171. Mississippi Church Protection Act; security program requirements.

  1. This section shall be known and may be cited as the “Mississippi Church Protection Act.”
    1. The governing body of any church or place of worship may establish a security program by which designated members are authorized to carry firearms for the protection of the congregation of the church or place of worship, including resisting any unlawful attempt to commit a violent felony listed in Section 97-3-2(1) upon a member or other attendee in the church or place of worship or on the immediate premises thereof. A church or place of worship may establish a security program that meets the requirements of subsection (2)(b) of this section, and a member of the security program shall be immune from civil liability for any action taken by a member of the security program if the action in question occurs during the reasonable exercise of and within the course and scope of the member’s official duties as a member of the security program for the church or place of worship. For purposes of this section, “church” or “place of worship” means only a bona fide duly constituted religious society, ecclesiastical body, or any congregation thereof.
    2. In order to be eligible for the immunity provided in this section:
      1. The program at a minimum must require that each member of the program possesses a firearms permit issued under Section 45-9-101 and has completed an instructional course in the safe handling and use of firearms as described in Section 97-37-7, is a law enforcement officer as defined in Section 45-6-3, or is a qualified retired law enforcement officer as defined in 18 U.S.C. Section 926C(c). The program may also include one or more persons with law enforcement or military background who may assist the church or place of worship in training of the members of the program;
      2. The names of the members designated by the church or place of worship to serve in the security program must be spread upon the minutes of the body or otherwise noted in writing at the time of the member’s designation if the body does not maintain minutes, and this written record must be made available to law enforcement upon request during the course of investigation after an incident in which the member used a firearm while acting as a member of the security program; and
      3. The member of the program who is claiming immunity under the provisions of this section must have met the requirements of this paragraph (b).
  2. A person who is indicted or charged with a violation of criminal law while acting as a member of a security program of a church or place of worship may assert as a defense, in addition to any other defense available, that at the time of the action in question, the person was a member of a church body or place of worship security program, was then actually engaged in the performance of the person’s duties as a member of the program, and had met the requirements of this section at the time of the action in question.

HISTORY: Laws, 2016, ch. 421, § 1, eff from and after passage (approved Apr. 15, 2016); Laws, 2019, ch. 365, § 1, eff from and after July 1, 2019.

Amendment Notes —

The 2019 amendment rewrote the first sentence of (2)(b)(i), which read: “The program at a minimum must require that each participant of the program possesses a firearms permit issued under Section 45-9-101 and has completed an instructional course in the safe handling and use of firearms as described in Section 97-37-7.”

Chapter 10. Novelty Lighters

§ 45-10-1. Definition.

For purposes of this chapter, “novelty lighter” means a mechanical or electrical device typically used for lighting cigarettes, cigars or pipes, grills, fireplaces, campfires or campfire stoves that is designed to resemble a cartoon character, toy, gun, watch, musical instrument, vehicle, animal, food or beverage, or similar articles, or that plays musical notes, or has flashing lights for entertainment or has other entertaining features.A novelty lighter may operate on any fuel, including butane, isobutane or liquid fuel. “Novelty lighter” does not include:

A lighter manufactured prior to January 1, 1980;

A lighter incapable of being fueled or lacking a device necessary to produce combustion or a flame;

Standard disposable and refillable lighters that are printed or decorated with logos, labels, decals or artwork, or heat shrinkable sleeves.

HISTORY: Laws, 2010, ch. 354, § 1, eff from and after July 1, 2010.

§ 45-10-3. Prohibition; penalty.

A person may not sell at retail, offer for retail sale or distribute for retail sale or promotion in this state a novelty lighter.A person who violates this section commits a civil violation for which a fine of not more than Five Hundred Dollars ($500.00) may be imposed.

HISTORY: Laws, 2010, ch. 354, § 2, eff from and after July 1, 2010.

§ 45-10-5. Exception.

The prohibition specified in Section 45-10-3 does not apply to the transportation of novelty lighters through this state or the storage of novelty lighters in a warehouse or distribution center in this state that is closed to the public for purposes of retail sales.

HISTORY: Laws, 2010, ch. 354, § 3, eff from and after July 1, 2010.

§ 45-10-7. Enforcement.

This section may be enforced by the State Fire Marshal’s office; a state, county or municipal law enforcement officer; or a municipal code enforcement officer.

HISTORY: Laws, 2010, ch. 354, § 4, eff from and after July 1, 2010.

Chapter 11. Fire Protection Regulations, Fire Protection and Safety in Buildings

State Chief Deputy Fire Marshal and State Firefighter’s School

§ 45-11-1. Commissioner of Insurance as State Fire Marshal; appointment of State Chief Deputy Fire Marshal; qualifications, powers and duties; records of fires investigated; appointment of State Chief Assistant Deputy Fire Marshal.

  1. The Commissioner of Insurance is by virtue of his office the State Fire Marshal and shall appoint the State Chief Deputy Fire Marshal who, along with his employees, shall be designated as a division of the Insurance Department. The State Chief Deputy Fire Marshal shall be a person qualified by experience and training and thoroughly knowledgeable in the areas of arson investigation and prevention, fire prevention, fire fighting and the training of firemen. The State Chief Deputy Fire Marshal shall serve at the will and pleasure of the Commissioner of Insurance.
  2. The State Chief Deputy Fire Marshal shall employ such deputy state fire marshals as are necessary and in accordance with availability of funds. Deputy fire marshals shall be deployed across the state in order to provide effective service to fire scenes.
  3. It shall be the duty of the State Chief Deputy Fire Marshal to investigate, by himself or his deputy, the origin of every fire occurring within the state to which his attention is called by the chief of the fire department or other law enforcement authority of any county or municipality. It shall also be his duty to investigate any case requested by any party in interest, whenever, in his judgment, there be sufficient evidence or circumstances indicating that such fire may be of incendiary origin. All county and municipal law enforcement authorities shall cooperate with the State Chief Deputy Fire Marshal in such investigation. This section shall not be construed to impair the duty and power of county and municipal law enforcement authorities to investigate any fire occurring within his or their jurisdiction.
    1. The State Chief Deputy Fire Marshal and deputy state fire marshals shall have the following powers:
      1. To arrest without warrant any person or persons committing or attempting to commit any misdemeanor or felony within their presence or view but only such violations of law or violations of regulations adopted pursuant to this chapter or Chapter 49, Title 75, Mississippi Code of 1972;
      2. To pursue and so arrest any person committing an offense as described under subparagraph (i) of this paragraph to and at any place in the State of Mississippi where he may go or be;
      3. To execute all warrants and search warrants related to, and investigate any violation of the laws and regulations related to this chapter and Chapter 49, Title 75, Mississippi Code of 1972, and prevent, arrest and apprehend such violators; and
      4. To aid and assist any peace officer of this state or any other state if requested, or in manhunts or natural disasters within the state, and upon the consent of the State Fire Marshal, within the jurisdiction of the called event.
    2. Nothing herein shall be construed as granting the State Chief Deputy Fire Marshal or deputy state fire marshals general police powers.
    3. All deputy state fire marshals hired on or after July 1, 2013, shall be required to complete or have completed the Law Enforcement Officers Training Program and shall meet the standards of the program.
  4. The State Chief Deputy Fire Marshal shall maintain in his office a record of all fires investigated by him or his deputy, including evidence obtained as to the origin of each such fire.
  5. Such record shall at all times be subject to inspection by any party of interest in the fire loss; provided, however, that no record or report of an investigation shall be subject to inspection pending such investigation or while same is in progress, and if a report of an investigation contains any evidence of arson or other felony, same shall not be subject to inspection by any person other than the district attorney and county attorney of the county in which such evidence indicates that arson or other felony may have been committed, except upon the written approval of such district attorney or the order of a court of competent jurisdiction. Provided that in cases where a person has been arrested for the crimes of arson, attempted arson, or any other felony, the defendant or his attorney shall have access to these records. Any physical evidence of arson or other felony shall be delivered to the custody of the sheriff of the county wherein such fire occurred.
  6. The State Chief Deputy Fire Marshal may appoint, with the consent of the Commissioner of Insurance, a State Chief Assistant Deputy Fire Marshal, who shall have power, during the chief deputy’s absence or inability to act due to any cause, to perform any and all of the duties of the chief deputy. The chief assistant deputy shall serve at the will and pleasure of the Commissioner of Insurance.

HISTORY: Codes, 1906, § 2660; Hemingway’s 1917, § 5126; 1930, § 5189; 1942, § 5699; Laws, 1964, ch. 421, § 1; Laws, 1988, ch. 584, § 2; Laws, 1992, ch. 328, § 1; Laws, 2012, ch. 381, § 1; Laws, 2013, ch. 360, § 1, eff from and after July 1, 2013.

Amendment Notes —

The 2012 amendment inserted paragraph designators (1) through (5) and added (6); and inserted “will and” preceding “pleasure of the Commissioner” in the third sentence in (1) and made a minor stylistic change.

The 2013 amendment added (4) and renumbered the remaining subsections accordingly.

Cross References —

Powers of municipalities in regard to fire prevention and fire companies, see §§21-19-21,21-25-3.

Duty of State Fire Marshal to annually inspect child residential homes, see §43-16-15.

Tax on gross insurance premium receipts to defray expenses of commissioner of insurance as State Fire Marshal, see §45-11-5.

State Chief Deputy Fire Marshal’s membership on the state fire academy advisory board, see §45-11-8.

Duties of State Fire Marshal in connection with the Mississippi Fire Prevention Code, see §§45-11-101 et seq.

Fire safety inspections by State Fire Marshal, and payment of costs therefore, see §45-11-105.

Powers and duties of the state fire marshal concerning the Liquefied Compressed Gas Equipment Inspection Law of Mississippi, see §§75-57-1 et seq.

Commissioner of insurance, see §83-1-3.

Authorization for the board of supervisors of any county and the governing body of any municipality to contribute funds directly to any fire protection district or volunteer fire department serving the county or municipality to meet any standard established by the commissioner of insurance as provided in this section, see §83-1-39.

Information required of insurers in case of fire losses, see §83-13-21.

Crime of arson, see §§97-17-1 et seq.

Law Enforcement Officers Training Program, see §§45-6-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

No authority can be found which would require a municipal fire department to call the county arson investigator for fire within the city limits, or within the five mile jurisdiction of the department. Whitehead, Dec. 16, 2005, A.G. Op. 05-0597.

RESEARCH REFERENCES

ALR.

Coverage of clause of fire policy insuring against explosion. 28 A.L.R.2d 995.

Am. Jur.

35A Am. Jur. 2d, Fires § 4.

CJS.

36A C.J.S., Fires §§ 15, 16.

§ 45-11-2. Establishment and maintenance of registry of fire damages; provision of information by insurance companies and public agencies; promulgation of rules.

  1. The State Fire Marshall shall establish a registry of fire damage in all instances of fires causing Ten Thousand Dollars ($10,000.00) or more in property damage or in which any person is injured or loses his life.
  2. The registry so established shall be compiled and maintained in a manner whereby data may be retrieved by subject categories, including, but not limited to, the following:
    1. Geographic location;
    2. Damages in monetary terms;
    3. Insurer;
    4. Insured; and
    5. Tenant or resident.
  3. All insurance companies doing business in this state and all public agencies shall supply such information as may be demanded by the State Fire Marshall with respect to this section.
  4. The State Fire Marshall shall promulgate all rules necessary for the implementation of this section in accordance with the Administrative Procedures Act.

HISTORY: Laws, 1991, ch. 489, § 1, eff from and after Jan 1, 1992.

Cross References —

Administrative Procedures Act, see §§25-43-1.101 et seq.

§ 45-11-3. Proceedings in regard to dangerous or hazardous inflammable condition existing in building; funding of agency expenses; deposit of monies into State General Fund.

Whenever the State Chief Deputy Fire Marshal, or his authorized representative, shall be advised by interested persons of a dangerous or hazardous inflammable condition existing in any building that would tend to impair the safety of persons or property, he shall take proper proceedings, including furnishing of all information in regard thereto to the Attorney General who shall, if he finds such evidence sufficient, bring injunctive proceedings to have the condition corrected. Provided that this section may not apply in any instance where local fire departments or other local agencies have the authority to correct such conditions.

From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law.

From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.

HISTORY: Codes, 1906, § 2663; Hemingway’s 1917, § 5129; 1930, § 5192; 1942, § 5702; Laws, 1964, ch. 421, § 3; Laws, 1988, ch. 584, § 3; Laws, 2016, ch. 459, § 8, eff from and after July 1, 2016.

Editor’s Notes —

Laws of 2016, ch. 459, § 1, codified as §27-104-201, provides:

“SECTION 1. This act shall be known and may be cited as the ‘Mississippi Budget Transparency and Simplification Act of 2016.’ ”

Amendment Notes —

The 2016 amendment added the last two paragraphs.

Cross References —

Powers of municipalities in regard to fire prevention and fire companies, see §§21-19-21,21-25-3.

Tax on gross insurance premium receipts to defray expenses of commissioner of insurance as state fire marshal, see §45-11-5.

Regulations concerning construction of places for public amusement, see §45-11-45.

Proceedings in regard to violations of the Mississippi Fire Prevention Code, see §45-11-109.

Authorization for the board of supervisors of any county and the governing body of any municipality to contribute funds directly to any fire protection district or volunteer fire department serving the county or municipality to meet any standard established by the commissioner of insurance as provided in this section, see §83-1-39.

Prohibition against one state agency charging another state agency fees, etc., for services or resources received, see §27-104-203.

Defrayal of expenses of certain state agencies by appropriation of Legislature from General Fund, see §27-104-205.

RESEARCH REFERENCES

ALR.

Keeping or placing of gasoline, kerosene, or similar inflammable substances on premises as increase of hazard avoiding fire insurance policy. 26 A.L.R.2d 809.

Casual or temporary repairs, and the like, as constituting increase of hazard so as to avoid fire or other property damage insurance. 28 A.L.R.2d 757.

Applicability of “increase of hazard” clause in fire insurance policies to conditions occurring accidentally. 34 A.L.R.2d 717.

§ 45-11-5. Tax on gross premium receipts of fire insurance policies to defray expenses of office of state chief deputy fire marshal and state fire academy; additional funding for municipal fire protection fund and county volunteer fire department fund; defrayal of agency expenses by appropriation from General Fund; deposit of monies into State General Fund.

  1. Any expense, including office supplies, counsel fees, expenses of deputy, detective and officers, incurred by the Commissioner of Insurance in the performance of the duties imposed upon him by Sections 45-11-1 and 45-11-3, and the operation of the State Fire Academy, as provided in Section 45-11-7, shall be defrayed by all insurance companies, including stock, mutuals and reciprocals writing fire insurance, including the fire insurance components of automobile insurance, dwelling multiple peril insurance, farm multiple peril insurance and commercial multiple peril insurance, doing business in this state; and a tax of one-half of one percent (1/2 of 1%) of the gross premium receipts of these fire insurance policies is hereby levied for this purpose to be collected by the State Tax Commission in the same manner as the general tax on premiums is collected as provided in Section 25-15-107. In the case of indivisible multiple peril insurance policies when the fire portion of the policy is not specified, a tax of one-half of one percent (1/2 of 1%) is hereby levied on forty-five percent (45%) of the gross premium receipts of these policies.
  2. There is created a separate account known as the “State Fire Academy Fund” for support of the State Fire Academy. Not later than the fifteenth of the month succeeding the month in which taxes under subsection (1) are collected, the State Treasurer shall transfer into this account all taxes collected under subsection (1) for the operation of the State Fire Academy. The annual expenditure for the operation of the academy shall not exceed the amount in the account; however, any unexpended funds remaining in the account at the close of the fiscal year may be carried over for use in the ensuing years.
    1. A tax of one-half of one percent (1/2 of 1%) is hereby levied on the gross premium receipts of all insurance policies taxed in subsection (1).
    2. Not later than the fifteenth day of each month, the State Treasurer shall disburse the revenue from the tax levied in this subsection as follows:
      1. Fifty percent (50%) shall be transferred into the Municipal Fire Protection Fund in Section 83-1-37; and
      2. Fifty percent (50%) shall be transferred to the County Volunteer Fire Department Fund in Section 83-1-39.
  3. All taxes shall be deposited into the Treasury as provided in Section 7-7-21. The tax commission shall keep separate accounts of all taxes collected under this section and shall include these accounts in its annual report.
  4. From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law.
  5. From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.

HISTORY: Codes, 1906, § 2665; Hemingway’s 1917, § 5131; 1930, § 5194; 1942, § 5704; Laws, 1932, ch. 244; Laws, 1934, ch. 298; Laws, 1938, ch. 197; Laws, 1950, ch. 411; Laws, 1962, ch. 463, § 1; Laws, 1964, ch. 471, § 4; Laws, 1966, ch. 531, § 1; Laws, 1974, ch. 442 § 1; Laws, 1980, ch. 354; Laws, 1982, ch. 351, § 8; Laws, 1984, ch. 478, § 29; Laws, 1985, ch. 538, § 1; Laws, 1988, ch. 584, § 4; Laws, 1990 Ex Sess, ch. 62, § 1; Laws, 1994, ch. 502, § 3; Laws, 1994, ch. 577, § 1; Laws, 2016, ch. 459, § 9, eff from and after July 1, 2016.

Editor’s Notes —

Laws of 1982, ch. 351, § 20, effective from and after July 1, 1982, provides as follows:

“SECTION 20. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action for taxes due or accrued under any section contained herein prior to the date on which this act becomes effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which this act becomes effective, or shall thereafter be begun; and the provisions of any section contained herein are expressly continued in full force, effect and operation for the purpose of the assessment and collection of any taxes due or accrued thereunder prior to the date on which this act becomes effective, or the filing of reports, and for the imposition of any penalties, forfeitures or claims for failure to comply therewith.”

Laws of 1984, ch. 478, § 3, effective from and after July 1, 1984, provides in part:

“SECTION 3. When used in [this section] . . . requirements that funds be deposited on the same day ‘collected’ shall mean when remittances of tax collections and reports in connection therewith shall have been subjected to only minimum essential but expeditious processing.”

Laws of 1984, ch. 478, § 35, effective from and after July 1, 1984, provides as follows”

“SECTION 35. The provisions of this act shall control if in conflict with any other statute, the operation of which would tend to frustrate the purposes of this act.”

Laws of 1985, ch. 538, § 3, effective from and after July 1, 1985, provides as follows:

“SECTION 3. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action for taxes due or accrued under any section contained herein prior to the date on which this act becomes effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which this act becomes effective or shall thereafter be begun; and the provisions of any section contained herein are expressly continued in full force, effect and operation for the purpose of the assessment and collection of any taxes due or accrued thereunder prior to the date on which this act becomes effective, or the filing of reports, and for the imposition of any penalties, forfeitures or claims for failure to comply therewith.”

Subsection (1) of this section, as amended by Laws of 1994, ch. 577, § 1, contained an incorrect reference to Section 25-15-107. The correct reference should be Section 27-15-107. At the direction of the State Attorney General’s Office, this reference has been corrected.

Section 7-7-21 referred to in (4) was repealed by Laws of 1989, ch. 535, § 67, eff from and after July 1, 1989.

Section 27-3-4 provides that the terms “‘Mississippi State Tax Commission,’ ‘State Tax Commission,’ ‘Tax Commission’ and ‘commission’ appearing in the laws of this state in connection with the performance of the duties and functions by the Mississippi State Tax Commission, the State Tax Commission or Tax Commission shall mean the Department of Revenue.”

Laws of 2016, ch. 459, § 1, codified as §27-104-201, provides:

“SECTION 1. This act shall be known and may be cited as the ‘Mississippi Budget Transparency and Simplification Act of 2016.’ ”

Amendment Notes —

The 2016 amendment added (5) and (6).

Cross References —

Tax on fire insurance, generally, see §§27-15-81 et seq.

Authorization for the board of supervisors of any county and the governing body of any municipality to contribute funds directly to any fire protection district or volunteer fire department serving the county or municipality to meet any standard established by the commissioner of insurance as provided in this section, see §83-1-39.

Prohibition against one state agency charging another state agency fees, etc., for services or resources received, see §27-104-203.

Defrayal of expenses of certain state agencies by appropriation of Legislature from General Fund, see §27-104-205.

§ 45-11-7. State fire academy; executive director; division of fire services development; defrayal of agency expenses by appropriation from General Fund; deposit of monies into State General Fund.

  1. There is hereby created a State Fire Academy for the training and education of persons engaged in municipal, county and industrial fire protection. The Commissioner of Insurance shall appoint an Executive Director of the State Fire Academy who, along with his employees, shall be designated as a division of the Insurance Department. The executive director shall serve at the pleasure of the Commissioner of Insurance. The State Fire Academy shall be under the supervision and direction of the Executive Director of the State Fire Academy. State Fire Academy training programs for fire personnel shall be conducted at the academy with seminars to be conducted in other sections of the state as and when the State Fire Academy Advisory Board considers it necessary and advisable.

    The Commissioner of Insurance may establish and charge reasonable fees for the training programs and other services provided by the academy. A record of all funds received pursuant to this paragraph shall be maintained as is required for other monies pursuant to Section 45-11-5.

    The Executive Director of the State Fire Academy is authorized and empowered to purchase, operate and maintain mobile firefighting equipment as he may find necessary and proper for the operation of the academy subject to approval of the Commissioner of Insurance. The equipment may be utilized wherever training sessions may be held at the discretion of the State Fire Academy Advisory Board.

  2. The Commissioner of Insurance shall be authorized to undertake appropriate action to accomplish and fulfill the purposes of the State Fire Academy, including the hiring of instructors and personnel, the lease and purchase of appropriate training equipment and to lease, purchase or construct suitable premises and quarters for conducting annual school and seminars, as the State Fire Academy Advisory Board may deem necessary and required for such purposes. Any contract entered into under and by virtue of the provisions of this section shall first be submitted to and approved by the Public Procurement Review Board, and construction pursuant to the contract shall be under the supervision of the Governor’s Office of General Services.
  3. Vouchers for operating expense for the State Fire Academy shall be signed by the Executive Director of the State Fire Academy and payment thereof shall be made from such funds to be derived from a special allocation from the State Fire Academy Fund as provided in Section 45-11-5.
  4. The State Fire Academy is hereby officially designated as the agency of this state to conduct training for fire personnel on a statewide basis in which members of all duly constituted fire departments may participate. This subsection shall not be construed to affect the authority of any fire department to conduct training for its own personnel.
  5. Each state agency, private agency or federal agency which provides training for the fire service shall coordinate such efforts with the State Fire Academy to prevent duplication of cost and to insure standardization of training.
  6. The State Fire Academy shall present an appropriate certificate signifying the successful completion of its prescribed courses.
  7. National firefighter standards approved by the Mississippi Fire Personnel Minimum Standards and Certification Board shall be used as the basis for classroom instruction at the fire academy.
  8. The Commissioner of Insurance, Executive Director of the State Fire Academy, and the Mississippi Fire Personnel Minimum Standards and Certification Board shall coordinate all state programs related to fire department operations.
  9. The Commissioner of Insurance is hereby authorized and empowered to establish standard guidelines for the use of, and accountability for, municipal and county fire protection funds distributed pursuant to the provisions of Sections 83-1-37 and 83-1-39, Mississippi Code of 1972. Such guidelines shall include requirements for the establishment of record keeping and reports to the Commissioner of Insurance by municipalities and counties relating to the receipt and expenditure of fire protection funds, the training of fire department personnel and the submission to the Commissioner of Insurance of other data reasonably related to local fire protection responsibilities which the Commissioner of Insurance deems necessary for the performance of the duties of the State Fire Academy Advisory Board.
  10. In order that the Commissioner of Insurance may more effectively execute the duties imposed upon him by subsection (9) of this section, there is hereby created within the State Fire Academy a Division of Fire Services Development. The division shall be staffed by a Fire Services Development Coordinator, appointed by the executive director of the academy from his current staff and by such other personnel as deemed by the Commissioner of Insurance. The division shall work with municipal and county fire coordinators to ensure effective implementation of guidelines established pursuant to subsection (9) of this section and shall serve in an advisory capacity for all aspects of fire service improvement. The Fire Service Coordinator shall annually notify the Department of Finance and Administration of those municipalities and counties which are not eligible to receive a portion of fire protection fund distributions because of failure to comply with requirements imposed in Sections 83-1-37 and 83-1-39 as a prerequisite to receipt of such funds.
  11. There is created in the State Treasury a separate account to be known as the “State Fire Academy Construction Fund.” The State Treasurer shall transfer on July 1, 1997, the sum of Six Hundred Seventy-five Thousand Dollars ($675,000.00) and on July 1, 1998, the sum of Six Hundred Seventy-five Thousand Dollars ($675,000.00) from the State Fire Academy Fund 3502 into the separate account created in this subsection. Monies in such account shall be expended solely, upon legislative appropriations, to defray expenses related to the construction of capital improvements project known as “Fire Safety and Education Building” and parking areas at the State Fire Academy by the Bureau of Building, Grounds and Real Property Management of the Office of General Services and to pay any indebtedness incurred to accomplish such construction. Funds not used after the completion of this capital improvements project shall be transferred back into State Fund 3502.
  12. From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law.
  13. From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.

HISTORY: Codes, 1942, § 5704.5; Laws, 1962, ch. 541, §§ 1-6; Laws, 1966, ch. 531, § 2; Laws, 1971, ch. 441, § 1; Laws, 1973, ch. 413, § 1; Laws, 1977, ch. 380; Laws, 1980, ch. 327; Laws, 1984, ch. 488, § 214; Laws, 1985, ch. 538, § 2; Laws, 1988, ch. 584, § 5; Laws, 1992, ch. 529, § 3; Laws, 1997, ch. 559, § 1; Laws, 2016, ch. 459, § 10, eff from and after July 1, 2016.

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Laws of 1985, ch. 538, § 3, effective from and after July 1, 1985, provides as follows:

“SECTION 3. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action for taxes due or accrued under any section contained herein prior to the date on which this act becomes effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which this act becomes effective or shall thereafter be begun; and the provisions of any section contained herein are expressly continued in full force, effect and operation for the purpose of the assessment and collection of any taxes due or accrued thereunder prior to the date on which this act becomes effective, or the filing of reports, and for the imposition of any penalties, forfeitures or claims for failure to comply therewith.

Laws of 1989, ch. 460, §§ 1, 2, effective from and after July 1, 1989, provide as follows:

“SECTION 1. The State Fiscal Management Board is authorized and empowered to transfer to the State General Fund, out of the following enumerated special funds, amounts not to exceed in the aggregate the sums listed below for each special fund in such a manner throughout the 1990 fiscal year as deemed prudent by the board:

Agency/Fund Fund No. Amount Unemployment Insurance Fund 3644 $5,500,000 Super Collider Funds 3107 500 3108 273,272 Treasurer Due Shareholder 3172 250,000 Corrections Bond Fund Interest Income 391A 6,103,191 Local Disaster Emergency Grant 3793 1,000,000 Tax Commission-Telecommunication Fund 3184 500,000 Veteran’s Home Construction Fund 3915 402,852 Construction and Renovation 2916 56,000 Fire Academy Construction Fund 3990 509,000

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“SECTION 2. With respect to the amount to be transferred from the Treasurer Due Shareholder Fund under the provisions of Section 1, it is the intent of the Legislature that the transfer of these funds shall not excuse the state of any liability due any shareholder.”

Laws of 2016, ch. 459, § 1, codified as §27-104-201, provides:

“SECTION 1. This act shall be known and may be cited as the ‘Mississippi Budget Transparency and Simplification Act of 2016.’ ”

Amendment Notes —

The 2016 amendment added (12) and (13).

Cross References —

Enactment of municipal fire regulations, see §21-19-21.

Establishment and maintenance of municipal fire departments, see §21-25-3.

Creation of municipal fire districts, see §§21-25-21 et seq.

State fiscal affairs, generally, see §§27-104-1 et seq.

Creation of the public procurement review board, see §27-104-7.

Prohibition against one state agency charging another state agency fees, etc., for services or resources received, see §27-104-203.

Defrayal of expenses of certain state agencies by appropriation of Legislature from General Fund, see §27-104-205.

Tax on gross insurance premium receipts to defray expenses of operating state fire academy, see §45-11-5.

Duties of Academy with respect to uniform minimum training standards for firefighters, see §45-11-201.

Mississippi Fire Personnel Minimum Standards and Certification Board, see §45-11-251.

Authorization for the board of supervisors of any county and the governing body of any municipality to contribute funds directly to any fire protection district or volunteer fire department serving the county or municipality to meet any standards established by the commissioner of insurance as provided in this section, see §83-1-39.

Requirement that counties designate a fire service coordinator responsible for seeing that standard guidelines established pursuant to this section are followed, and that the county adheres to those standards, in order to receive funds from the county volunteer fire department fund, see §83-1-39.

JUDICIAL DECISIONS

1. Contempt.

2. Exhaustion of administrative remedies.

1. Contempt.

Circuit court properly denied a trainee’s motion to cite the State Fire Academy for contempt of court because any grievance the trainee could have with his certificate was a separate administrative issue, which the Legislature expressly conferred upon the Academy, completely outside the circuit court’s order; thus, the trainee could not use his motion for contempt, based on that order, to prompt judicial review of the Academy’s decision. Fillingame v. State, 187 So.3d 155, 2015 Miss. App. LEXIS 364 (Miss. Ct. App. 2015), cert. denied, 186 So.3d 854, 2016 Miss. LEXIS 129 (Miss. 2016).

2. Exhaustion of administrative remedies.

Dismissal of a cause of action brought by a firefighter trainee who sought certification upon the completion of a training program at a firefighter academy was appropriate because the circuit court lacked subject-matter jurisdiction in that the firefighter trainee did not exhaust the firefighter trainee’s administrative remedies before seeking relief from the circuit court. Fillingame v. Miss. State Fire Acad., 217 So.3d 686, 2016 Miss. App. LEXIS 582 (Miss. Ct. App. 2016), cert. denied, 214 So.3d 1060, 2017 Miss. LEXIS 164 (Miss. 2017).

OPINIONS OF THE ATTORNEY GENERAL

Under Section 45-11-7, a municipality may engage in training of its own firefighters but does not have authority to engage in training of firefighters of other municipalities; otherwise, a municipality would compete with the State Fire Academy, which has authority to provide uniform standards for statewide training of firefighters. Warren, March 15, 1996, A.G. Op. #96-0125.

The State Fire Academy has no authority to send its instructors out-of-state to deliver course instruction. Dale, June 4, 1999, A.G. Op. #99-0249.

A reasonable fee may be charged for the administration of a written and/or skills test on behalf of the Mississippi Fire Personnel Minimum Standards and Certification Board. Dale, Oct. 13, 2000, A.G. Op. #2000-0600.

§ 45-11-8. State Fire Academy Advisory Board.

There is hereby created the State Fire Academy Advisory Board for the purpose of reviewing matters affecting the State Fire Academy and advising the State Fire Academy on any such matters. The advisory board shall consist of the State Chief Deputy Fire Marshal, the Manager of the Mississippi State Rating Bureau, the President of the State Firefighter’s Association, the President of the Mississippi Fire Chiefs Association, the President of the Mississippi Municipal Association and the President of the Mississippi Association of Supervisors or his designee. Members of the State Fire Academy Advisory Board who are not state employees shall be entitled to a per diem compensation as provided in Section 25-3-69, Mississippi Code of 1972, and to travel expenses as provided in Section 25-3-41, Mississippi Code of 1972.

HISTORY: Laws, 1988, ch. 584, § 6, eff from and after July 1, 1988.

Cross References —

Authorization for the board of supervisors of any county and the governing body of any municipality to contribute funds directly to any fire protection district or volunteer fire department serving the county or municipality to meet any standards established by the commissioner of insurance as provided in this section, see §83-1-39.

§ 45-11-9. Fire Safety Education Division created; Commissioner of Insurance to administer; development of fire safety education program; rules and regulations.

  1. There is created a Fire Safety Education Division within the State Fire Marshal’s Office of the Department of Insurance. The Commissioner of Insurance, acting through the State Chief Deputy Fire Marshal, is charged with the administration of this section.
  2. The Fire Safety Education Division, in an effort to reduce loss of life and property from fires, shall develop and implement a fire safety education program using nationally recognized standards.
  3. The Commissioner of Insurance, acting through the State Chief Deputy Fire Marshal, is authorized to promulgate such rules and regulations as necessary to carry out the provisions of this section.

HISTORY: Laws, 2004, ch. 376, § 1, eff from and after July 1, 2004.

Hotels, Schools and Other Public Buildings

§ 45-11-21. Duty of hotel and lodging house keepers to provide means of escape.

It is the duty of every keeper or proprietor of a hotel or lodging house of over two (2) stories in height to provide and securely fasten in every lodging room above the second story which has an outside window and is used for the accommodation of guests or employees, a rope or rope ladder, for the escape of the lodgers therein in case of fire, of at least one inch (1") in diameter, which shall be fastened therein as near a window as practicable, and of sufficient length to reach therefrom to the ground on the outside of the hotel or lodging house, and made of strong material and as secure against becoming inflamed as practicable. Such rope or rope ladder shall be kept in good repair and condition. In lieu of a rope or rope ladder, there may be substituted any other appliance that may be deemed of equal or greater utility by the fire department or authority having control of the fire regulations of the city or town where such hotel or lodging house is located; but such appliance shall in all cases be so constructed as to be under the control and management of any lodger.

HISTORY: Codes, 1892, § 2080; 1906, § 2264; Hemingway’s 1917, § 4631; 1930, § 4688; 1942, § 6999.

Cross References —

Power of Legislature to enact laws for the safety of persons in public places, see Miss. Const. Art. 4, § 83.

Health regulations affecting innkeepers and hotel companies, generally, see §§41-49-1 et seq.

Requirement that notice of availability, location and directions for use of rope or rope ladder be posted in every room, see §45-11-23.

Penalties for failure to provide rope or rope ladder or other like appliance for each room, see §45-11-49.

Building requirements and the like under the Mississippi Fire Prevention Code, see §§45-11-101 et seq.

RESEARCH REFERENCES

Am. Jur.

13 Am. Jur. 2d, Buildings §§ 28 et seq.

40A Am. Jur. 2d, Hotels, Motels, and Restaurants § 34.

13A Am. Jur. Pl & Pr Forms (Rev), Hotels, Motels, and Restaurants, Form 44 (complaint, petition, or declaration – injury to guest – lack of fire escape – guest forced to jump to safety).

CJS.

43A C.J.S., Inns, Hotels, and Eating Places § 13.

§ 45-11-23. Duty of hotel and lodging house keeper to post notice.

Every proprietor or keeper of any hotel or lodging house of the kind mentioned in Section 45-11-21, shall post notices in every room of the hotel or lodging house required to be provided with a rope or rope ladder or other appliance, calling attention to the fact that said section has been complied with, and designating the part of such room where the rope, rope ladder, or appliance is fastened, with general directions for its use.

HISTORY: Codes, 1892, § 2081; 1906, § 2265; Hemingway’s 1917, § 4632; 1930, § 4689; 1942, § 7000.

RESEARCH REFERENCES

Am. Jur.

13 Am. Jur. 2d, Buildings § 18.

40A Am. Jur. 2d, Hotels, Motels, and Restaurants § 34.

CJS.

43A C.J.S., Inns, Hotels, and Eating Places § 13.

§ 45-11-25. Certain hotels and lodging houses to be provided with iron balconies and stairs.

Every hotel or lodging house over two (2) stories in height shall be provided with permanent iron balconies, with iron stairs leading from one balcony to the other, to be placed at the end of each hall in and above the second story in case the hotel or lodging house be over one hundred and fifty feet (150´) in length, and in other cases such number of balconies with stairs as may be directed by the fire department or authority having control of the fire regulations of the city or town where the hotel or lodging house is located. The balconies and iron stairs shall be constructed at the expense of the owner of the hotel or lodging house.

HISTORY: Codes, 1892, § 2082; 1906, § 2266; Hemingway’s 1917, § 4633; 1930, § 4690; 1942, § 7001.

Cross References —

Penalties for failure to provide iron balconies with iron stairs, see §45-11-49.

JUDICIAL DECISIONS

1. In general.

Fire department, reducing number of fire escapes on hotel or lodging house, may not change character of fire escape required by statute. Jabour v. McKnight, 145 Miss. 835, 111 So. 370, 1927 Miss. LEXIS 160 (Miss. 1927).

Lodging house owner held liable for injuries to lodger from failure to equip building with fire escapes. Jabour v. McKnight, 145 Miss. 835, 111 So. 370, 1927 Miss. LEXIS 160 (Miss. 1927).

Lodger held not to have assumed risk of lodging house owner’s failure to comply with law requiring fire escapes. Jabour v. McKnight, 145 Miss. 835, 111 So. 370, 1927 Miss. LEXIS 160 (Miss. 1927).

RESEARCH REFERENCES

Am. Jur.

13 Am. Jur. 2d, Buildings §§ 28-30.

40A Am. Jur. 2d, Hotels, Motels, and Restaurants § 34.

13A Am. Jur. Pl & Pr Forms (Rev), Hotels, Motels, and Restaurants, Form 44 (complaint, petition, or declaration – injury to guest – lack of fire escape – guest forced to jump to safety).

CJS.

43A C.J.S., Inns, Hotels, and Eating Places § 13.

§ 45-11-27. Public halls, hotels shall provide stair rail.

Every public hall, opera house, hotel, lodging house, or other public building of two (2) or more stories, shall have provided to each stairway used by and for the public, a hand or side rail to protect persons in ascending or descending such stairway.

HISTORY: Codes, 1892, § 2083; 1906, § 2267; Hemingway’s 1917, § 4634; 1930, § 4691; 1942, § 7002.

Cross References —

Power of municipalities to regulate entrances to halls and churches, see §21-19-29.

Penalties for failure to provide hand or side rail to each stairway, see §45-11-49.

RESEARCH REFERENCES

Am. Jur.

13 Am. Jur. 2d, Buildings § 38.

§ 45-11-29. Fire detectors required for hotels and lodging houses.

All hotels or lodging houses shall be provided with a Mississippi Fire Prevention Code-approved electric fire detector with a detector on each floor.

HISTORY: Codes, 1892, § 2084; 1906, § 2268; Hemingway’s 1917, § 4635; 1930, § 4692; 1942, § 7003; Laws, 2004, ch. 379, § 1, eff from and after July 1, 2004.

Amendment Notes —

The 2004 amendment rewrote the section to require all hotels or lodging houses to have Mississippi Fire Prevention Code-approved electric fire detectors on each floor.

Cross References —

Penalties for failure to provide Mississippi Fire Prevention Code-approved electric fire detector, see §45-11-49.

RESEARCH REFERENCES

ALR.

Liability of one contracting for private police or security service for acts of personnel supplied. 38 A.L.R.3d 1332.

Am. Jur.

13 Am. Jur. 2d, Buildings §§ 18, 25-27.

5 Am. Jur. Proof of Facts 3d 383, Negligent Failure to Install or Maintain Smoke Alarm or Sprinkler System.

§ 45-11-31. Repealed.

Repealed by Laws, 2004 ch. 379, § 3 eff July 1, 2004.

[Codes, 1892, § 2085; 1906, § 2269; Hemingway’s 1917, § 4636; 1930, § 4693; 1942, § 7004.]

Editor’s Notes —

Former §45-11-31 required keepers of all hotels and public lodging houses to provide a large fire alarm bell or gong near the office.

§ 45-11-33. Hotel and lodging house keepers to give alarm.

Every proprietor or keeper of a hotel or lodging house shall, in case of fire therein, give notice of the same to all guests and inmates thereof at once, and do all in his power to rescue them.

HISTORY: Codes, 1892, § 2086; 1906, § 2270; Hemingway’s 1917, § 4637; 1930, § 4694; 1942, § 7005.

Cross References —

Penalties for failure to give alarm and do everything possible to rescue guests, see §45-11-49.

RESEARCH REFERENCES

Am. Jur.

40A Am. Jur. 2d, Hotels, Motels, and Restaurants § 34.

5 Am. Jur. Proof of Facts 3d 383, Negligent Failure to Install or Maintain Smoke Alarm or Sprinkler System.

CJS.

43A C.J.S., Inns, Hotels, and Eating Places § 13.

§ 45-11-35. Construction requirements for hotels and lodging houses.

All hotels or lodging houses hereafter constructed over two (2) stories in height and over one hundred feet (100´) in length or breadth, shall be so constructed as to have at least two (2) flights of stairs for use of guests leading from the ground floor to the uppermost story, one (1) to be located at each end or side.

HISTORY: Codes, 1892, § 2087; 1906, § 2271; Hemingway’s 1917, § 4638; 1930, § 4695; 1942, § 7006.

Cross References —

Building requirements and the like under the Mississippi Fire Prevention Code, see §§45-11-101 et seq.

RESEARCH REFERENCES

Am. Jur.

13 Am. Jur. 2d, Buildings §§ 28-30.

§ 45-11-37. Doors to open outwardly.

All the doors for ingress and egress to public schoolhouses, theaters, assembly rooms, halls, courthouses, churches, factories with more than twenty (20) employees, and all other buildings and places of public resort whatever, where people are wont to assemble, excepting schoolhouses, courthouses, and churches of one (1) audience room, and that on the ground floor, shall be so swung as to open outwardly from the audience rooms, halls, or workshops; but such doors may be hung on double-jointed hinges, so as to open with equal ease outwardly or inwardly.

HISTORY: Codes, 1930, § 4696; 1942, § 7007; Laws, 1924, ch. 283.

Cross References —

Power of municipalities to regulate entrances to halls and churches, see §21-19-29.

§ 45-11-39. Egress in case of fire.

All school buildings, public or private, now under construction in this state or that may hereafter be constructed, shall be so constructed or so equipped as to afford ample and easy egress in case of fire.

HISTORY: Codes, 1930, § 4697; 1942, § 7008; Laws, 1924, ch. 290.

RESEARCH REFERENCES

Am. Jur.

13 Am. Jur. 2d, Buildings §§ 28-30.

18 Am. Jur. Pl & Pr Forms (Rev), Municipal, School, and State Tort Liability, Form 182 (complaint, petition, or declaration – against school district or governing board – pupil’s personal injury – defective fire escape).

15 Am. Jur. Proof of Facts, School Fires, § 13 (construction of school buildings); §§ 36-42 (exits-standards).

§ 45-11-41. School buildings to have certain fire escapes.

In the construction of school buildings all outside doors shall be made to open outwardly. All buildings of two (2) or more stories in height shall be constructed so as to give easy escape in case of fire, by providing modern fire escapes, or by providing iron ladders, slides or stairways on the outside of such buildings. In case of ladders, slides or stairways on the outside, sufficient platform room at the top of such ladder, slide or stairway and sufficient banisters or railings shall be provided to guarantee the safety of the children in getting out of the building. Provided, however, that in any fireproof school buildings with each floor on the ground level and constructed for more than ten (10) years, the board of trustees of the school or attendance center, in their discretion, may not be required to add fire escapes provided within sixty (60) days immediately following the passage of this section they spread upon their minutes a resolution to that effect.

HISTORY: Codes, 1930, § 4698; 1942, § 7009; Laws, 1924, ch. 290; Laws, 1964, ch. 417, eff from and after passage (approved June 11, 1964).

RESEARCH REFERENCES

Am. Jur.

13 Am. Jur. 2d, Buildings §§ 28-30.

18 Am. Jur. Pl & Pr Forms (Rev), Municipal, School, and State Tort Liability, Form 182 (complaint, petition, or declaration – against school district or governing board – pupil’s personal injury – defective fire escape).

15 Am. Jur. Proof of Facts, School Fires, § 13 (construction of school buildings); §§ 36-42 (exits – standards).

§ 45-11-43. County superintendent to furnish plans and approve construction.

The county superintendent of education in each county shall furnish plans and specifications for the fire escape facilities for each school building constructed, a copy of which shall be furnished the trustees of the district in which the new building is being constructed and a copy shall be placed on file in the office of the county superintendent of education. When the building is completed the trustees shall notify the county superintendent, who shall make a personal inspection of the new building and if the plans and specifications have been complied with he shall so report to the trustees and such notification and approval shall be made of record in his office. The school building shall not be opened for the reception of pupils until the county superintendent has approved the fire escape facilities.

HISTORY: Codes, 1930, § 4699; 1942, § 7010; Laws, 1924, ch. 290.

§ 45-11-45. Places of public amusement; how constructed.

Every place for public amusement shall have at least the following arrangements for the safety of those attending there: The seats shall be located in rows with spaces between the seats adequate for easy ingress and egress, and an aisle of at least four (4) feet in width shall run between the rows on the lowest floor, if there be more than one (1) floor, from the commencement of the seats toward the place of performance, exhibition, or speaking, as far as the seats are located, and, if there be only one (1) floor, then between the rows on that floor, and also an aisle of at least three (3) feet in width shall be made to run along the outward ends of the rows of seats and next to the walls, and also around or along the ends of all rows of seats wherever located; and all aisles shall be kept unobstructed towards places of egress. All seats shall be located in rows, to which the aisles shall conform. There shall be as many doors for egress for those in attendance, not less than two (2) at either end or side of the building, as can be made consistently with the proper strength of the structure. All scenery shall be made as secure against becoming inflamed as reasonably practicable, and all reasonably practicable arrangements shall be made for the supply of water or other means for extinguishment of fires, and they shall be kept constantly effective during the presence of the audience. In cities of over ten thousand (10,000) inhabitants a fireproof drop curtain of sufficient dimensions to cover the entire front of the stage shall be so hung that, upon an alarm of fire originating upon, or in rear of stage, it may be promptly dropped so as to prevent the fire from communicating with the auditorium.

HISTORY: Codes, 1892, § 2089; 1906, § 2273; Hemingway’s 1917, § 4640; 1930, § 4700; 1942, § 7011.

Cross References —

Proceedings in regard to inflammable condition existing in building, see §45-11-3.

Building requirements and the like under the Mississippi Fire Prevention Code, see §§45-11-101 et seq.

RESEARCH REFERENCES

Am. Jur.

13 Am. Jur. 2d, Buildings §§ 2 et seq.

23 Am. Jur. Proof of Facts 2d 461, Failure to Prevent Outbreak and Spread of Fire.

CJS.

30A C.J.S., Entertainment and Amusement

Sports §§ 22 et seq.

§ 45-11-47. Public eating places or places of public amusement to provide exits; penalties for violation.

  1. It shall be the duty of the owner and operator of any public restaurant, cafe, night club, or eating place or place of public amusement to provide proper exits for the use of patrons in the event of fire in same. Doors to all restaurants, cafes, night clubs, or other public eating places or places of public amusement shall open to the outside of the building, where the seating capacity is over fifty (50) seats. Every room, gallery, tier or other space having a capacity of one hundred (100) or more shall have not less than two (2) exit doorways. In every establishment that accommodates three hundred (300) or more persons, each room, gallery, tier or other space where such assembly occurs, shall have exit ways to the outside as follows:

    Not less than two (2) exit ways when six hundred (600) persons or less are accommodated in such room, gallery, tier or other space; and

    Not less than three (3) exit ways when more than six hundred (600), but not more than one thousand (1,000) persons, are accommodated; and

    Not less than four (4) exit ways when more than one thousand (1,000) persons are accommodated.

  2. Any restaurant, cafe, night club or other public eating place or place of public amusement, consisting of two (2) or more stories or floors, or any restaurant, cafe, night club, or public eating place or place of public amusement, being situated above or higher than the ground floor of any building, when such upper or higher floor has a seating capacity for fifty (50) or more persons, shall provide at least two (2) stairways located as far apart as practical for the use of patrons in the event of fire in said building. At least one (1) of the two (2) stairways shall lead directly to the outside of such building or assembly room, and shall not lead into or through the lobby or any other place through which persons come from other parts of the building or will have to pass in making emergency exits.
  3. Any owner of any restaurant, cafe, night club, or public eating place failing or refusing to comply with the provisions of this section shall be guilty of a misdemeanor, and shall, upon conviction, be punished by imprisonment in the county jail not more than ninety (90) days, or by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.

HISTORY: Codes, 1942, § 7011-01; Laws, 1946, ch. 347, §§ 1-3.

Cross References —

Penalties for violating the Mississippi Fire Prevention Code, see §45-11-111.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

RESEARCH REFERENCES

Am. Jur.

13 Am. Jur. 2d, Buildings §§ 28-30.

40A Am. Jur. 2d, Hotels, Motels, and Restaurants § 34.

CJS.

30A C.J.S., Entertainment and Amusement

Sports §§ 22 et seq.

§ 45-11-49. Penalties on hotel and lodging house keepers.

Every owner, lessee, keeper, or proprietor of a hotel or a lodging house who shall, when the same is prescribed by law to be done, fail, neglect or refuse:

To provide for each room a rope or rope ladder, or other like appliance; or

To give notice calling attention to such rope or rope ladder or appliance, and giving directions for its use; or

To provide iron balconies with iron stairs; or

To provide a hand or side rail to each stairway; or

To provide a Mississippi Fire Prevention Code-approved electric fire detector; or

To give alarm and awaken all guests and inmates of his house in case of fire therein or in close proximity thereto; or

To do everything in case of fire in his power to rescue the guests or inmates of his house; or

To do anything required by law to be done under the provisions of Sections 45-11-21 through 45-11-55;

shall be guilty of a misdemeanor, and, on conviction, shall be punished by imprisonment in the county jail not less than ninety (90) days nor more than six (6) months, or fined not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or both such fine and imprisonment.

HISTORY: Codes, 1892, § 2091; 1906, § 2275; Hemingway’s 1917, § 4642; 1930, § 4701; 1942, § 7012; Laws, 2004, ch. 379, § 2, eff from and after July 1, 2004.

Amendment Notes —

The 2004 amendment rewrote (e); deleted former (f), and redesignated former (g) through (i) as present (f) through (h); and in (h), substituted “ninety (90) days” for “ten (10) days,” “One Hundred Dollars ($100.00)” for “ten dollars ($10.00),” and “One Thousand Dollars ($1,000.00) or both such fine and imprisonment” for “five hundred dollars ($500.00).”

Cross References —

Penalties for violating the Mississippi Fire Prevention Code, see §45-11-111.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

RESEARCH REFERENCES

ALR.

Liability of one contracting for private police or security service for acts of personnel supplied. 38 A.L.R.3d 1332.

Am. Jur.

5 Am. Jur. Proof of Facts 3d 383, Negligent Failure to Install or Maintain Smoke Alarm or Sprinkler System.

§ 45-11-51. Penalty for giving public amusements in house not properly constructed.

Every person who shall give any public amusement, entertainment or exhibition in any house or place for public amusement not constructed and arranged as required by Sections 45-11-21 through 45-11-55, or shall violate or permit the violation of any of their requirements, shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than Twenty Dollars ($20.00) nor more than Five Hundred Dollars ($500.00), or imprisoned in the county jail not less than one (1) week nor more than six (6) months, or both.

HISTORY: Codes, 1892, § 2092; 1906, § 2276; Hemingway’s 1917, § 4643; 1930, § 4702; 1942, § 7013.

Cross References —

Penalties for violating the Mississippi Fire Prevention Code, see §45-11-111.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. Proof of Facts 2d 613, Dangerous or Defective Amusement Ride.

§ 45-11-53. Penalty for erection of building in disregard of requirements.

Any architect, carpenter, or builder, or the owner or other person, who may hereafter erect or cause to be erected, or aid in erecting, any hotel or other house or structure for the construction of which provisions are made in Sections 45-11-21 through 45-11-55, who shall refuse or fail to comply, in the erection or construction thereof, with such provisions, shall be guilty of a misdemeanor, and, on conviction, shall be punished by a fine not exceeding Five Hundred Dollars ($500.00).

HISTORY: Codes, 1892, § 2093; 1906, § 2277; Hemingway’s 1917, § 4644; 1930, § 4703; 1942, § 7014.

Cross References —

Penalties for violating the Mississippi Fire Prevention Code, see §45-11-111.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 45-11-55. Every day’s omission a separate offense.

Every day’s omission or failure by any person to do whatever under the provisions of Sections 45-11-21 through 45-11-55 is required to be done or provided, shall be considered and treated as a separate offense.

HISTORY: Codes, 1892, § 2094; 1906, § 2278; Hemingway’s 1917, § 4645; 1930, § 4704; 1942, § 7015.

Cross References —

Penalties for violating the Mississippi Fire Prevention Code, see §45-11-111.

Sale of Burglar Bars

§ 45-11-71. Sellers of burglar bars to public to comply with standard building code.

In the interest of public safety, any person who engages in the sale of burglar bars to the public shall comply with 1105.7 of the Standard Building Code of the Southern Building Code Congress International, as revised.

HISTORY: Laws, 1993, ch. 579, § 1, eff from and after July 1, 1993.

§ 45-11-73. State fire marshal to promulgate rules and regulations; exceptions.

The State Fire Marshal shall promulgate such rules and regulations as are necessary to carry out the provisions of Sections 45-11-71 through 45-11-75. These rules and regulations shall apply except in any county or municipality which has adopted the Standard Building Code of the Southern Building Code Congress International, with standards not less stringent than the Mississippi Fire Prevention Code.

HISTORY: Laws, 1993, ch. 579, § 2, eff from and after July 1, 1993.

Cross References —

Adoption of building codes by counties, see §19-5-9.

Adoption, amendment, and revision of building codes, see §21-19-25.

§ 45-11-75. Penalty for violation.

Any person violating the provisions of Section 45-11-71, upon conviction, shall be fined in an amount not to exceed One Thousand Dollars ($1,000.00), and in the case of continuing violations without reasonable effort on the part of the defendant to correct such violations, each day of violation thereafter shall be a separate offense.

HISTORY: Laws, 1993, ch. 579, § 3, eff from and after July 1, 1993.

Use of Safety Glazing Material in Hazardous Locations

§ 45-11-81. Definitions.

The following terms shall have the meaning ascribed to them in this section unless the context clearly indicates otherwise:

“Safety glazing material” shall mean any glazing material such as tempered glass, laminated glass, wire glass or rigid plastic, which meets the test requirements of ANSI standard Z-97.1-1972.

“Hazardous locations” shall mean those installations, glazed or to be glazed, in commercial and public buildings, known as framed or unframed glass entrance doors, and those fixed glazed panels immediately adjacent to entrance or exit doors and which may be mistaken for doors, and those installations, glazed or to be glazed, in residential buildings and other structures used as dwellings, commercial buildings and public buildings, known as sliding glass doors, storm doors, shower doors and bathtub enclosures. Any entrance or exit door, or fixed glazed panel immediately adjacent to entrance or exit doors which may be mistaken for doors, which is fifty percent (50%) or more exposed glass without division frames, or contains a single glass panel with glass of more than sixty (60) inches in height or twenty-four (24) inches in width, will be a hazardous location.

HISTORY: Laws, 1974, ch. 571, § 1, eff from and after Jan 1, 1975.

§ 45-11-83. Labeling required.

  1. Each light of safety glazing material manufactured, distributed, imported or sold for use in hazardous locations or installed in such a location within the State of Mississippi shall be permanently labeled by such means as etching, sandblasting, firing of ceramic material on the safety glazing material, or by other suitable means. The label shall identify the labeler, whether manufacturer, fabricator or installer, and the nominal thickness and the type of safety glazing material and the fact that said material meets the test requirements of ANSI standard Z-97.1-1972. The label must be legible and visible after installation.
  2. Such safety glazing labeling shall not be used on other than safety glazing materials.

HISTORY: Laws, 1974, ch. 571, § 2, eff from and after January 1, 1975.

§ 45-11-85. Offenses; construction of section.

It shall be unlawful within the State of Mississippi to knowingly sell, fabricate, assemble, glaze, or install glazing materials other than safety glazing materials in, or for use in, any hazardous location, whether in a new installation or replacement in an existing location, as defined hereinabove after January 1, 1975. This section shall not be construed as being retroactive.

HISTORY: Laws, 1974, ch. 571, § 3, eff from and after Jan 1, 1975.

RESEARCH REFERENCES

ALR.

Liability of owner or proprietor for injury or death caused by collision with glass door, panel, or wall. 41 A.L.R.3d 176.

§ 45-11-87. Workmen not liable.

No liability under Sections 45-11-81 through 45-11-89 shall be created as to workmen who are employees of a contractor, subcontractor, or other employer responsible for compliance with Sections 45-11-81 through 45-11-89.

HISTORY: Laws, 1974, ch. 571, § 4, eff from and after Jan 1, 1975.

§ 45-11-89. Penalties.

Whoever violates the provisions of Sections 45-11-81 through 45-11-89 shall be guilty of a misdemeanor and upon conviction thereof, shall be sentenced to pay a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or to imprisonment of not more than six (6) months, or both.

HISTORY: Laws, 1974, ch. 571, § 5, eff from and after January 1, 1975.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

Mississippi Fire Prevention Code

§ 45-11-101. Promulgation; buildings to which code applies; plans for construction of private correctional facilities housing state inmates to be submitted to State Fire Marshal’s office to ensure compliance with Mississippi Fire Prevention Code; examination of local fire prevention codes.

  1. The State Fire Marshal shall promulgate the Mississippi Fire Prevention Code which shall apply to:
    1. All buildings owned by the state or state agencies;
    2. All buildings utilized for public assembly, except in any county or municipality which has adopted a fire prevention code with standards not less stringent than the Mississippi Fire Prevention Code; however, the State Fire Marshal or his authorized representative shall perform investigations or inspections of such buildings only when advised by interested persons of a danger or hazardous inflammable condition existing in any building that would tend to impair the safety of persons or property, or when the State Fire Marshal or his authorized representative believes the investigation or inspection is in the interest of public safety. The investigation or inspection shall be made in accordance with Section 45-11-3;
    3. All buildings, the permits for the construction of which are issued subsequent to July 1, 1978, and which are not less than seventy-five (75) feet in height; provided, however, that in any county or municipality which has adopted a fire prevention code with standards not less stringent than the Mississippi Fire Prevention Code, the provisions and enforcement mechanism thereof shall apply and not the Mississippi Fire Prevention Code;
    4. All buildings, the permits for construction of which are issued subsequent to July 1, 2004, constructed as private correctional facilities that house state inmates. Before such construction, construction plans must be submitted for review and approval to the State Fire Marshal’s Office to ensure compliance with the Mississippi Fire Prevention Code; however, in any county or municipality that has adopted a fire prevention code with standards not less stringent than the Mississippi Fire Prevention Code, the provisions and enforcement mechanism thereof shall apply instead of the Mississippi Fire Prevention Code. All private correctional facilities may be inspected as required by the State Fire Marshal or his duly authorized representative. Inspection fees and expenses authorized by Section 45-11-105(2) shall be assessed for each inspection conducted by the State Fire Marshal’s Office and shall be paid to the State Fire Marshal’s Office;
    5. Any buildings, the permits for construction of which are issued subsequent to July 1, 2004, upon the request of any interested person. The interested person may submit the construction plans to the State Fire Marshal’s Office for review and approval before construction to ensure compliance with the Mississippi Fire Prevention Code; however, in any county or municipality that has adopted a fire prevention code with standards not less stringent than the Mississippi Fire Prevention Code, the provisions and enforcement mechanism thereof shall apply instead of the Mississippi Fire Prevention Code. Inspection fees and expenses authorized by Section 45-11-105(2) shall be assessed for each inspection conducted by the State Fire Marshal’s Office and shall be paid to the State Fire Marshal’s Office;
    6. All buildings, the permits for construction of which are issued subsequent to July 1, 2005, constructed as private fraternity and sorority houses located on state property. Before such construction, construction plans shall be submitted for review and approval to the State Fire Marshal’s Office to ensure compliance with the Mississippi Fire Prevention Code. All private fraternity and sorority houses located on state property may be inspected as required by the State Fire Marshal or his duly authorized representative. All fraternity and sorority houses located on state property shall be equipped with an approved fire alarm and smoke detector system to be in compliance with the National Fire Code (NFPA) Standard 72 as published by the National Fire Protection Association and as same may be revised or amended. All fraternity and sorority houses constructed on state property after April 20, 2005, shall be equipped with an approved automatic fire sprinkler system to be in compliance with the National Fire Code (NFPA) Standard 13 as published by the National Fire Protection Association and as same may be revised or amended.
  2. The State Fire Marshal shall annually examine the fire prevention codes adopted by counties and municipalities within the State of Mississippi and prepare a list thereof specifying which codes have provisions not less stringent than those of the Mississippi Fire Prevention Code.

HISTORY: Laws, 1978, ch. 502, § 1; Laws, 1992, ch. 328, § 2; Laws, 2004, ch. 359, § 1; Laws, 2005, ch. 527, § 1, eff from and after passage (approved Apr. 20, 2005.).

Amendment Notes —

The 2004 amendment rewrote (1)(b); and added (1)(d) and (1)(e).

The 2005 amendment added (1)(f).

Cross References —

Interlocal cooperation of governmental units relating to fire protection and safety, see §17-13-7.

Powers of municipalities in regard to fire prevention, see §21-19-21.

State fire marshal generally, see §§45-11-1 et seq.

JUDICIAL DECISIONS

1. No liability.

Mother failed to prove that there was a material issue of fact concerning a city’s and a gym’s compliance with the Mississippi Fire Prevention Code under Miss. Code Ann. §45-11-101 and that the city or gym was the proximate cause of a child’s injury. Kaigler v. City of Bay St. Louis, 12 So.3d 577, 2009 Miss. App. LEXIS 380 (Miss. Ct. App. 2009).

RESEARCH REFERENCES

ALR.

Municipal liability for negligent fire inspection and subsequent enforcement. 69 A.L.R.4th 739.

Validity, construction, and application of the Uniform Fire Code. 46 A.L.R.5th 479.

Am. Jur.

13 Am. Jur. 2d, Buildings §§ 18 et seq.

22 Am. Jur. Proof of Facts 2d 55, Negligent Fire Inspection by City or State Employee.

23 Am. Jur. Proof of Facts 2d 461, Failure to Prevent Outbreak and Spread of Fire.

§ 45-11-103. Standards; deviation from standards; automatic sprinkler systems.

The standards embodied in said code shall be based upon and shall be not less stringent than the standards established by the standard fire prevention code as promulgated by the Southern Building Code Congress International, Inc., and as the same may be revised or amended; however, the state fire marshal shall have the authority to deviate from the minimum requirements of such standard fire prevention code when the imposition and enforcement of a specific requirement of the standard fire prevention code would cause unnecessary hardship or when such deviation would enable builders to take advantage of new methods, materials or equipment which is of recognized adequacy.

The Mississippi Fire Prevention Code shall include provisions that every new building over seventy-five (75) feet in height in the State of Mississippi for which a permit is issued after July 1, 1978, shall be equipped throughout the building with a totally automatic sprinkler system designed for life safety and fire prevention and protection. This provision shall include every building over seventy-five (75) feet in height constructed after July 1, 1978, or to any existing building in which twenty-five percent (25%) or more of the floor space is being reconstructed or added thereto. However, public utility company buildings in which water would cause severe damage to equipment such as telephone equipment, computers or electric services, and silos, grain elevators and other structures utilized solely for the storage of agricultural products are exempt from the automatic sprinkler system provisions of the code.

HISTORY: Laws, 1978, ch. 502, § 2, eff from and after July 1, 1978.

Cross References —

State fire marshal generally, see §§45-11-1 et seq.

Rules and regulations relating to hotels, schools and other public buildings generally, see §§45-11-21 et seq.

RESEARCH REFERENCES

Am. Jur.

13 Am. Jur. 2d, Buildings §§ 25-27.

8A Am. Jur. Legal Forms 2d, Fires §§ 117:10 et seq (prevention and control of fires).

§ 45-11-105. Enforcement of code by State Fire Marshal; Deputy Fire Marshals to have status of law enforcement officer; rules and regulations; cost of fire safety inspections; exceptions for state buildings.

  1. The Mississippi Fire Prevention Code shall be enforced by the State Fire Marshal and such other persons as authorized thereby, including for this reason any county or municipal fire prevention personnel, pertaining to the prevention, inspection or investigation of fires. The State Chief Deputy Fire Marshal and deputy fire marshals shall have the status and powers of a law enforcement officer in performing their duties under the Mississippi Fire Prevention Code as authorized by standards set by Section 45-11-103, Mississippi Code of 1972. The State Chief Deputy Fire Marshal and deputy fire marshals serving under permanent appointment on January 1, 1992, shall not be required to meet any requirements of Section 45-6-11 of the Mississippi Code of 1972. The State Fire Marshal is authorized and empowered to promulgate rules and regulations for the enforcement of the Mississippi Fire Prevention Code.
  2. Applications for fire safety inspections shall be filed with the Office of the State Fire Marshal. An inspection fee of not less than One Hundred Dollars ($100.00) and reasonable and necessary travel expenses as provided under Section 25-3-41, Mississippi Code of 1972, shall be assessed for each inspection conducted by the Office of the State Fire Marshal and shall be paid to the Office of the State Fire Marshal.
  3. The inspection fee and expenses authorized under subsection (2) shall not be assessed for the inspection of buildings owned by the State of Mississippi or its political subdivisions or for inspections conducted by local fire departments or other local agencies with authority to conduct inspections or for the inspection of buildings used for religious assemblies.

HISTORY: Laws, 1978, ch. 502, § 3; Laws, 1992, ch. 328, § 3, eff from and after July 1, 1992.

Cross References —

State fire marshal generally, see §§45-11-1 et seq.

RESEARCH REFERENCES

ALR.

Municipal liability for negligent fire inspection and subsequent enforcement. 69 A.L.R.4th 739.

Am. Jur.

13 Am. Jur. 2d, Buildings §§ 18 et seq.

23 Am. Jur. Proof of Facts 2d 461, Failure to Prevent Outbreak and Spread of Fire.

§ 45-11-107. Application of Sections 45-11-101 through 45-11-111.

Unless otherwise provided, Sections 45-11-101 through 45-11-111 shall apply to new or remodeled buildings, installations, equipment or conditions; however, Sections 45-11-101 through 45-11-111 shall also apply to existing buildings, installations, equipment, conditions and occupancies where safety to life requires compliance with Sections 45-11-101 through 45-11-111, as determined by the state fire marshal.

HISTORY: Laws, 1978, ch. 502, § 4, eff from and after July 1, 1978.

Cross References —

Rules and regulations relating to hotels, schools and other public building generally, see §§45-11-21 et seq.

RESEARCH REFERENCES

Am. Jur.

13 Am. Jur. 2d, Buildings §§ 18 et seq.

§ 45-11-109. Actions or proceedings to remedy prohibited acts.

In case any building is constructed or reconstructed or any building is used in violation of the Mississippi Fire Prevention Code or of any ordinance or other regulation made under authority conferred hereby, the state fire marshal or the proper local authorities of any county or municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful construction or reconstruction, to restrain, correct or abate such violation or to prevent the occupancy of said building.

HISTORY: Laws, 1978, ch. 502, § 5, eff from and after July 1, 1978.

Cross References —

State fire marshal generally, see §§45-11-1 et seq.

Rules and regulations relating to hotels, schools and other public buildings generally, see §§45-11-21 et seq.

RESEARCH REFERENCES

ALR.

Municipal liability for negligent fire inspection and subsequent enforcement. 69 A.L.R.4th 739.

Am. Jur.

23 Am. Jur. Proof of Facts 2d 461, Failure to Prevent Outbreak and Spread of Fire.

§ 45-11-111. Penalties.

Any person, firm or corporation who shall knowingly and willfully violate the terms or provisions of the Mississippi Fire Prevention Code shall be guilty of a misdemeanor and upon conviction therefor shall be sentenced to pay a fine of not to exceed One Thousand Dollars ($1,000.00), and in case of continuing violations without reasonable effort on the part of the defendant to correct same, each day the violation continues thereafter shall be a separate offense.

HISTORY: Laws, 1978, ch. 502, § 6; Laws, 1992, ch. 328, § 4, eff from and after July 1, 1992.

Cross References —

Rules and regulations relating to hotels, schools and other public buildings generally, see §§45-11-21 et seq.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

RESEARCH REFERENCES

Am. Jur.

23 Am. Jur. Proof of Facts 2d 461, Failure to Prevent Outbreak and Spread of Fire.

Uniform Minimum Training Standards for Firefighters

§ 45-11-201. Legislative findings and intent; minimum standards for training.

The Legislature finds that the specialized and hazardous nature of fire fighting requires that fire fighters possess the requisite knowledge and demonstrate the ability to perform certain skills to carry out their responsibilities. The activities of fire fighters are important to the health, safety and welfare of the people of this state and are of such a nature to require education and training of a professional nature. It is the intent of the Legislature to require and provide minimum standards for training and to declare that the State Fire Academy is the principal facility for such purposes.

HISTORY: Laws, 1990, ch. 558, § 1, eff from and after Jan 1, 1991.

Cross References —

State Fire Academy, see §45-11-7.

JUDICIAL DECISIONS

1. Contempt.

Circuit court properly denied a trainee’s motion to cite the State Fire Academy for contempt of court because any grievance the trainee could have with his certificate was a separate administrative issue, which the Legislature expressly conferred upon the Academy, completely outside the circuit court’s order; thus, the trainee could not use his motion for contempt, based on that order, to prompt judicial review of the Academy’s decision. Fillingame v. State, 187 So.3d 155, 2015 Miss. App. LEXIS 364 (Miss. Ct. App. 2015), cert. denied, 186 So.3d 854, 2016 Miss. LEXIS 129 (Miss. 2016).

OPINIONS OF THE ATTORNEY GENERAL

Mississippi Fire Personnel Minimum Standards Certification Board should look to Miss. Code Section 45-11-201 for guidance in determining what persons fall under definition of fire personnel. Warren, Apr. 30, 1993, A.G. Op. #93-0182.

§ 45-11-203. Employment of persons not completing training standards prohibited; training standards.

  1. After January 1, 1991, no person shall be employed as a full-time fire fighter by any local government fire fighting unit for a period exceeding one (1) year, nor for a cumulative time exceeding two thousand eight hundred (2,800) compensated hours, unless that person is certified as completing the mandatory training requirements in subsection (2). Any state agency or political subdivision that employs a person as a fire fighter who does not meet the requirements of subsection (2) of this section is prohibited from paying the salary of such person, and any person violating this subsection shall be personally liable for making such payment. The Mississippi Fire Personnel Minimum Standards and Certification Board may grant an extension to individuals employed within the guidelines as established by the board not to exceed an additional year. Fire fighters serving as full-time employees prior to January 1, 1991, in a local fire fighting unit shall not be required to meet the minimum requirements in subsection (2).
  2. The uniform training standards for all paid fire fighters shall consist of satisfactory completion of a training program administered by the State Fire Academy or local governments that have the proper facilities and have been certified by the Mississippi Fire Personnel Minimum Standards and Certification Board which shall utilize National Fire Protection Association fire service professional qualification standards.

HISTORY: Laws, 1990, ch. 558, § 2; Laws, 1992, ch. 529, § 4; Laws, 1994, ch. 349, § 1, eff from and after July 1, 1994.

Cross References —

Mississippi Fire Personnel Minimum Standards and Certification Board, see §45-11-251.

OPINIONS OF THE ATTORNEY GENERAL

Pursuant to Miss. Code Section 45-11-203(2), Mississippi legislature intended for all firefighters to complete their training at State Fire Academy or at local governmental facilities that have been certified by Mississippi Fire Personnel Minimum Standards Certification Board; however, Miss. Code Section 45-11-203(2) does not preclude Board from exercising discretion to certify training programs located out of state, provided Board finds such programs are equal to or exceed training provided in Mississippi. Warren, Apr. 30, 1993, A.G. Op. #93-0182.

As to firefighter who is not certified by Mississippi Fire Personnel Minimum Standards and Certification Board, individual shall not be employed as full-time firefighter unless individual qualifies for exception under Miss. Code Section 45-11-203. Warren, Apr. 30, 1993, A.G. Op. #93-0182.

Under Section 45-11-203(2) any full time paid firefighter in the State would have to be certified by either being “grandfathered in”, attending the State Fire Academy, attending a Board approved training site or else present evidence of their qualifications through documentation/testing as may be required by the Board. Scott, July 19, 1996, A.G. Op. #96-0336.

Volunteer firemen compensated on a per call basis are not full-time fire fighters and are not required to meet the mandatory training requirements in Section 45-11-203. Tucker, June 26, 2006, A.G. Op. 06-0256.

When determining the terms of a lease where the school board retains an ownership interest, it is within the discretion of the board to require the lessee to maintain insurance. Donovan, Oct. 18, 2006, A.G. Op. 06-0478.

Mississippi Fire Personnel Minimum Standards and Certification Board

§ 45-11-251. Board established; members; terms; qualifications; officers.

  1. There is hereby created the Mississippi Fire Personnel Minimum Standards and Certification Board. The board shall consist of eleven (11) members. The Commissioner of Insurance and the Director of the State Fire Academy shall serve as ex officio members. The Director of the State Fire Academy shall serve as secretary to the board. The Commissioner of Insurance may appoint a designee to serve in his absence.
  2. Nine (9) members of the Mississippi Fire Personnel Minimum Standards and Certification Board shall be selected as follows:
    1. Two (2) full-time paid firefighters below the rank of chief selected by the Mississippi Fire Fighters Association. The initial term shall be staggered with one (1) member serving a two-year term and one (1) member serving a three-year term. After the expiration of the initial term, the term shall be for three (3) years;
    2. One (1) full-time firefighter below the rank of fire chief selected by the Professional Fire Fighters Association of Mississippi;
    3. Three (3) career fire chiefs selected by the Mississippi Fire Chiefs Association. The initial term shall be staggered: one (1) member shall serve a term of one (1) year; one (1) member shall serve a term of two (2) years; and one (1) member shall serve a term of three (3) years. After the expiration of the initial term, the term shall be for three (3) years;
    4. One (1) full-time paid certified fire instructor selected by the Mississippi Fire Fighters Service Instructors Association. The initial term shall be for one (1) year. After the expiration of the initial term, the term shall be for three (3) years;
    5. One (1) full-time paid fire investigator from a paid department selected by the Mississippi Fire Investigators Association. The initial term shall be for two (2) years. After the expiration of the initial term, the term shall be for three (3) years; and
    6. One (1) member of the volunteer fire service selected by the Mississippi Fire Fighters Association. The initial term shall be for three (3) years. After the expiration of the initial term, the term shall be for three (3) years.

      No member selected under this subsection shall serve more than two (2) terms consecutively. Any member missing three (3) consecutive meetings shall be deemed to have resigned from the board. A vacancy prior to the expiration of a term shall be filled by selection in the same manner and for the balance of the unexpired term.

  3. During his term, a member of the board shall not serve as a member of the State Fire Academy Advisory Board.
  4. The board shall select a chairman and vice chairman from its membership.
  5. The Department of Insurance shall provide administrative support for the board.
  6. Members of the Mississippi Fire Personnel Minimum Standards and Certification Board who are not state employees shall be entitled to a per diem compensation as provided in Section 25-3-69, and to travel expenses as provided in Section 25-3-41. The provisions of this subsection shall apply to travel necessary to attend board meetings, as well as other travel authorized by the board and required in the performance of official duties.

HISTORY: Laws, 1992, ch. 529, § 1; Laws, 2004, ch. 533, § 1; Laws, 2005, ch. 312, § 1; Laws, 2014, ch. 381, § 1, eff from and after July 1, 2014.

Amendment Notes —

The 2004 amendment rewrote the section to revise the composition of the board.

The 2005 amendment added the last sentence in (1); and rewrote (2).

The 2014 amendment added (6).

§ 45-11-253. Functions, powers, and duties of Board.

The board shall:

Establish minimum educational and training standards for fire personnel.

Certify persons as being qualified under Sections 45-11-251 and 45-11-253 to be fire personnel.

Revoke certifications for cause and in the manner provided in Sections 45-11-251 and 45-11-253.

Establish minimum curriculum requirements for basic and advanced courses and programs for schools operated by or for the state or any political subdivision thereof for the specific purpose of training fire personnel.

Make recommendations concerning any matter within its purview.

Make such inspection and evaluation as may be necessary to determine if governmental units are complying with Sections 45-11-251 and 45-11-253 at cost to those units.

Approve fire training schools for operation by or for the state or any political subdivision thereof for the specific purpose of training personnel.

Upon the request of agencies, conduct surveys or aid municipalities and counties to conduct surveys at cost to those agencies through qualified public or private agencies and assist in the implementation of any recommendations resulting from such surveys.

Upon request of training agencies, conduct general and specific management surveys and studies of the operations of the requesting agencies at cost to those agencies. The role of the board under this subsection shall be that of consultant.

Adopt and amend regulations consistent with law, for its internal management and control of board programs.

Enter into contracts or do such things as may be necessary and incidental to the administration of Sections 45-11-251 and 45-11-253.

Promulgate rules and regulations for the administration of Sections 45-11-251 and 45-11-253, including the authority to require the submission of reports and information by fire service agencies.

HISTORY: Laws, 1992, ch. 529, § 2, eff from and after July 1, 1992.

JUDICIAL DECISIONS

1. Exhaustion of administrative remedies.

Dismissal of a cause of action brought by a firefighter trainee who sought certification upon the completion of a training program at a firefighter academy was appropriate because the circuit court lacked subject-matter jurisdiction in that the firefighter trainee did not exhaust the firefighter trainee’s administrative remedies before seeking relief from the circuit court. Fillingame v. Miss. State Fire Acad., 217 So.3d 686, 2016 Miss. App. LEXIS 582 (Miss. Ct. App. 2016), cert. denied, 214 So.3d 1060, 2017 Miss. LEXIS 164 (Miss. 2017).

OPINIONS OF THE ATTORNEY GENERAL

Responsibility for considering and establishing minimum State Fire Academy entrance requirements rests with Mississippi Fire Personnel Minimum Standards and Certification Board pursuant to its enumerated powers, although Executive Director of State Fire Academy and State Fire Academy Advisory Board should have input. Warren, Oct. 21, 1992, A.G. Op. #92-0756.

Mississippi Fire Personnel Minimum Standards Certification Board can promulgate rules and regulations under Miss. Code Section 45-11-253(l), establishing what persons shall be included in definition of fire personnel as used in Miss. Code Section 45-11-253; in promulgating these rules and regulations, Board should look to Miss. Code Section 45-11-201 for guidance in determining what persons fall under definition of fire personnel. Warren, Apr. 30, 1993, A.G. Op. #93-0182.

Responsibility for considering and establishing minimum State Fire Academy entrance requirements, which would include physical fitness entrance requirements, rests with Mississippi Fire Personnel Minimum Standards and Certification Board pursuant to its powers under Miss. Code Section 45-11-253. Warren, Apr. 30, 1993, A.G. Op. #93-0182.

Legislature gave Mississippi Fire Personnel Minimum Standards and Certification Board numerous functions, powers and duties, including duty that Board shall establish minimum educational and training standards for all fire personnel pursuant to Miss. Code Section 45-11-253(a). Warren, Apr. 30, 1993, A.G. Op. #93-0182.

Under Miss. Code §45-11-253, Mississippi legislature gave Mississippi Fire Personnel Minimum Standards and Certification Board power to make inspections and evaluations as may be necessary to determine if governmental units are complying therewith, at cost to those units pursuant to Miss. Code Section45-11-253(f), to conduct surveys or aid municipalities and counties to conduct surveys at cost to those agencies through qualified public or private agencies and assist in implementation of any recommendations resulting from such surveys pursuant to Miss. Code Section45-11-253(h), and, upon request of training agencies, to conduct general and specific management surveys and studies of operations of requesting agencies at cost to those agencies pursuant to Miss. Code Section45-11-253(i). Warren, Apr. 30, 1993, A.G. Op. #93-0182.

Any monies collected as result of Miss. Code Section 45-11-253 shall be deposited into fund within State Treasury from which corresponding expenses were paid. Warren, Apr. 30, 1993, A.G. Op. #93-0182.

Any rule or regulation promulgated by Mississippi Fire Personnel Minimum Standards Certification Board must be consistent with their functions, powers and duties pursuant to Miss. Code Section 45-11-253, and must be in compliance with all constitutional requirements. Warren, Apr. 30, 1993, A.G. Op. #93-0182.

Section 45-11-253 gives the Board the authority to approve training sites and the certification of individuals who have received the training. In the absence of any statutory prohibition, retroactive approval may be granted by the Board in its discretion. Scott, July 19, 1996, A.G. Op. #96-0336.

The Mississippi Fire Personnel Minimum Standards and Certification Board has the authority to establish minimum educational and training standards for fire personnel to include the requirement of successfully completing an additional written and/or skills test and evaluation prior to receiving certification from the board. Dale, Oct. 13, 2000, A.G. Op. #2000-0600.

The Mississippi Fire Personnel Minimum Standards and Certification Board has the authority to contract with the State Fire Academy to administer a written and/or skills test for the board. Dale, Oct. 13, 2000, A.G. Op. #2000-0600.

Burn Injury Notification

§ 45-11-281. Notification by hospital and certain licensed facilities; burn injury defined; notice contents; reporting requirement if investigation conducted after notification; report of burn injury-related death; confidentiality.

  1. Any hospital, as defined in Section 41-9-3, or any licensed facility, as defined in Section 41-23-39, that is initially responsible for the treatment of an individual for a burn injury, shall notify the State Fire Marshal or his designee within twenty-four (24) hours by phone or facsimile.
    1. For the purposes of this section, the term “burn injury” means a burn injury:
      1. Which causes second- or third-degree burns to nine percent (9%) or more of the patient’s body;
      2. Which causes injury to the upper respiratory tract or laryngeal edema caused by inhaling super-heated air; or
      3. Which causes death.
    2. The term “burn injury” shall not include sunburns.
  2. Notice under this section shall include:
    1. The name and address of the patient;
    2. A description of the burn injury;
    3. The reported cause of the burn injury;
    4. The patient’s disposition; and
    5. Any other fact concerning the burn injury which might assist in detecting arson.
  3. If an investigation is conducted after notification is given under this section, the investigating agency shall report its findings on an incident reporting system report and send it to the State Fire Marshal for retention.
  4. The Department of Health shall report to the State Fire Marshal any burn injury-related death.
  5. Any information obtained by or disclosed to the State Fire Marshal pursuant to this section shall be held by the State Fire Marshal as confidential and shall not be disclosed without written consent from the burn victim, or in the case of death, or in the case of a minor, without the written consent of his or her parent or legal representative or by court order.Nothing in this subsection shall prohibit the State Fire Marshal from publishing aggregate statistical data from such information without releasing any personally identifiable data.
  6. The State Fire Marshal is authorized to promulgate rules and regulations necessary for the implementation of this section.

HISTORY: Laws, 2009, ch. 519, § 1, eff from and after July 1, 2009.

Truss Construction Emblems

§ 45-11-301. Owners of certain buildings required to attach truss construction emblem to building; emblem requirements; exemptions; contractor performing work on certain buildings to be responsible for proper attachment of emblem.

  1. The owner of any building located in the State of Mississippi with a floor or ceiling constructed with truss construction must attach to the building an emblem that identifies the building as having truss construction. The emblem shall:
    1. Be permanently affixed to the left of the main entrance door at a height between four (4) feet and six (6) feet above the ground;
    2. Be of a bright and reflective color or made of a reflective material;
    3. Be in the shape of an isosceles triangle measuring six (6) inches horizontally and three (3) inches vertically;
    4. Have conspicuously printed on it the following letters, as appropriate, based on the type of truss construction used in the building being identified by the emblem:
      1. “F” to signify a floor with truss construction;
      2. “R” to signify a roof with truss construction; or
      3. “F/R” to signify both a floor and roof with truss construction.
    1. This section shall not apply to any building with truss construction that is a detached one- or two-family residential structure.
    2. This section shall not apply to any building constructed before July 1, 2010, unless such building undergoes expansion or remodeling on or after that date.
  2. For purposes of this section, the term “truss” shall mean structural members, such as boards, timbers, beams or steel bars, joined together in a rigid framework.
  3. The contractor who performs the construction, expansion or remodeling of any building on or after July 1, 2010, shall be responsible for the proper attachment of the truss construction emblem to the building.
  4. The State Fire Marshal may promulgate rules and regulations necessary for the implementation of this section.

HISTORY: Laws, 2009, ch. 522, § 1; Laws, 2010, ch. 426, § 1, eff from and after July 1, 2010.

Amendment Notes —

The 2010 amendment substituted “The owner of any building” for “The owner of a building” in the introductory paragraph in (1); added the (2)(a) designation, and therein substituted “shall not apply to any building” for “does not apply to a building”; added (2)(b) and present (4); and deleted former (4), which read: “The municipal official responsible for fire code enforcement or county fire coordinator for the respective municipality or county shall be responsible for the enforcement of this section.”

Chapter 12. Mississippi Fire Safety Standard and Firefighter Protection Act [For contingent repeal of this chapter, see § 45-12-21]

§ 45-12-1. Short title [For contingent repeal of this section, see § 45-12-21].

This chapter shall be known and may be cited as the “Mississippi Fire Safety Standard and Firefighter Protection Act.”

HISTORY: Laws, 2009, ch. 473, § 1, eff from and after July 1, 2010.

Editor’s Notes —

Laws of 2009, ch. 473, § 13, provides:

“SECTION 13. This act shall take effect and be in force from and after July 1, 2010; however, subsection (1) of Section 7 of this act [§45-12-13] and Section 12 of this act [§45-12-23] shall take effect and be in force from and after the passage of this act [March 30, 2009].”

§ 45-12-3. Definitions [For contingent repeal of this section, see § 45-12-21].

As used in this chapter, unless the context otherwise requires:

“Agent” means any person authorized by the commissioner to purchase and affix stamps on packages of cigarettes.

“Commissioner” means the Chairman of the State Tax Commission of the State of Mississippi, and his authorized agents and employees.

“State Fire Marshal” means the Commissioner of Insurance and State Fire Marshal of the State of Mississippi, and his authorized agents and employees.

“Cigarette” means:

Any roll of tobacco wrapped in paper or in any substance not containing tobacco; or

Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette as described in subparagraph (i) above.

“Manufacturer” means:

Any entity which manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that such manufacturer intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer; or

Any entity that becomes a successor of an entity described in subparagraph (i) of this paragraph.

“Quality control and quality assurance program” means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. Such a program ensures that the testing repeatability remains within the required repeatability values stated in subsection (1)(f) of Section 45-12-5 for all test trials used to certify cigarettes in accordance with this chapter.

“Repeatability” means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent (95%) of the time.

“Retail dealer” means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products.

“Sale” means any transfer of title or possession or both, exchange or barter, conditional or otherwise, in any manner or by any means whatever or any agreement therefor. In addition to cash and credit sales, the giving of cigarettes as samples, prizes or gifts, and the exchanging of cigarettes for any consideration other than money, are considered sales.

“Sell” means to sell, or to offer or agree to do the same.

“Wholesale dealer” means any person, other than a manufacturer, who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale, and any person who owns, operates or maintains one or more cigarette or tobacco product vending machines in, at or upon premises owned or occupied by any other person.

HISTORY: Laws, 2009, ch. 473, § 2, eff from and after July 1, 2010.

Editor’s Notes —

Laws of 2009, ch. 473, § 13, provides:

“SECTION 13. This act shall take effect and be in force from and after July 1, 2010; however, subsection (1) of Section 7 of this act [§45-12-13] and Section 12 of this act [§45-12-23] shall take effect and be in force from and after the passage of this act [March 30, 2009].”

Section 27-3-4 provides that the term “chairman of the State Tax Commission” shall mean the Commissioner of Revenue of the Department of Revenue.

§ 45-12-5. Test method and performance standard [For contingent repeal of this section, see § 45-12-21].

  1. Except as provided in subsection (7) of this section, no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in accordance with the test method and meet the performance standard specified in this section, a written certification has been filed by the manufacturer with the State Fire Marshal in accordance with Section 45-12-7, and the cigarettes have been marked in accordance with Section 45-12-9.
    1. Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials (ASTM) Standard E2187-04, “Standard Test Method for Measuring the Ignition Strength of Cigarettes.”
    2. Testing shall be conducted on ten (10) layers of filter paper.
    3. No more than twenty-five percent (25%) of the cigarettes tested in a test trial in accordance with this section shall exhibit full-length burns. Forty (40) replicate tests shall comprise a complete test trial for each cigarette tested.
    4. The performance standard required by this section shall only be applied to a complete test trial.
    5. Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to Standard ISO/IEC 17025 of the International Organization for Standardization (ISO), or other comparable accreditation standard required by the State Fire Marshal.
    6. Laboratories conducting testing in accordance with this section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. The repeatability value shall be no greater than nineteen percent (19%).
    7. This section does not require additional testing if cigarettes are tested consistent with this chapter for any other purpose.
    8. Testing performed or sponsored by the State Fire Marshal to determine a cigarette’s compliance with the performance standard required shall be conducted in accordance with this section.
  2. Each cigarette listed in a certification submitted pursuant to Section 45-12-7 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this section shall have at least two (2) nominally identical bands on the paper surrounding the tobacco column. At least one (1) complete band shall be located at least fifteen (15) millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two (2) bands fully located at least fifteen (15) millimeters from the lighting end and ten (10) millimeters from the filter end of the tobacco column, or ten (10) millimeters from the labeled end of the tobacco column for nonfiltered cigarettes.
  3. A manufacturer of a cigarette that the State Fire Marshal determines cannot be tested in accordance with the test method prescribed in paragraph (a) of subsection (1) shall propose a test method and performance standard for the cigarette to the State Fire Marshal. Upon approval of the proposed test method and a determination by the State Fire Marshal that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in paragraph (c) of subsection (1), the manufacturer may employ such test method and performance standard to certify such cigarette pursuant to Section 45-12-7. If the State Fire Marshal determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this section, and the State Fire Marshal finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state’s law or regulation under a legal provision comparable to this section, then the State Fire Marshal shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this state, unless the State Fire Marshal demonstrates a reasonable basis why the alternative test should not be accepted under this section. All other applicable requirements of this section shall apply to the manufacturer.
  4. Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three (3) years, and shall make copies of these reports available to the State Fire Marshal and the Attorney General upon written request. Any manufacturer who fails to make copies of these reports available within sixty (60) days of receiving a written request shall be subject to a civil penalty not to exceed Ten Thousand Dollars ($10,000.00) for each day after the sixtieth day that the manufacturer does not make such copies available.
  5. The State Fire Marshal may promulgate a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that such subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM Standard E2187-04 and the performance standard in paragraph (c) of subsection (1).
  6. The State Fire Marshal shall review the effectiveness of this section and report every three (3) years to the Legislature his findings and, if appropriate, recommendations for legislation to improve the effectiveness of this chapter. The report and legislative recommendations shall be submitted no later than June 30 following the conclusion of each three-year period.
  7. The requirements of subsection (1) shall not prohibit:
    1. Wholesale or retail dealers from selling their existing inventory of cigarettes on or after July 1, 2010, if the wholesale or retail dealer can establish that state tax stamps were affixed to the cigarettes prior to July 1, 2010, and the wholesale or retail dealer can establish that the inventory was purchased prior to July 1, 2010, in comparable quantity to the inventory purchased during the same period of the prior year; or
    2. The sale of cigarettes solely for the purpose of consumer testing. For purposes of this subsection, the term “consumer testing” means an assessment of cigarettes that is conducted by a manufacturer (or under the control and direction of a manufacturer), for the purpose of evaluating consumer acceptance of such cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for such assessment.
  8. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform this chapter with the laws of those states that have enacted reduced cigarette ignition propensity laws as of July 1, 2010.

HISTORY: Laws, 2009, ch. 473, § 3, eff from and after July 1, 2010.

Editor’s Notes —

Laws of 2009, ch. 473, § 13, provides:

“SECTION 13. This act shall take effect and be in force from and after July 1, 2010; however, subsection (1) of Section 7 of this act [§45-12-13] and Section 12 of this act [§45-12-23] shall take effect and be in force from and after the passage of this act [March 30, 2009].”

Cross References —

Retesting of altered cigarettes required under certain circumstances, see §45-12-7.

Comparable Laws from other States —

Arizona Revised Statutes, §§ 41-2170 et seq.

Idaho Code Statutes Annotated, §§ 39-8901 et seq.

Kentucky Revised Statutes Annotated, §§ 227.770 et seq.

Louisiana Annotated Statutes, §§ 40:1626 et seq.

Maryland Business Regulation Code Annotated, § 16-601 et seq.

Minnesota Annotated Statutes, §§ 299F.01 et seq.

Rhode Island General Laws, §§ 23-20.11-1 et seq.

South Carolina Code of Laws Annotated, §§23-51-10 et seq.

Tennessee Code Annotated, §§68-102-501 et seq.

Texas Health and Safety Code, §§ 796.001 et seq.

Utah Code Annotated, §§53-7-401 et seq.

Virginia Code Annotated, §§ 9.1-209 et seq.

§ 45-12-7. Certification and product change [For contingent repeal of this section, see § 45-12-21].

  1. Each manufacturer shall submit to the State Fire Marshal a written certification attesting that:
    1. Each cigarette listed in the certification has been tested in accordance with Section 45-12-5; and
    2. Each cigarette listed in the certification meets the performance standard set forth in Section 45-12-5.
  2. Each cigarette listed in the certification shall be described with the following information:
    1. Brand, or trade name on the package;
    2. Style, such as light or ultra light;
    3. Length in millimeters;
    4. Circumference in millimeters;
    5. Flavor, such as menthol or chocolate, if applicable;
    6. Filter or nonfilter;
    7. Package description, such as soft pack or box;
    8. Marking pursuant to Section 45-12-9;
    9. The name, address and telephone number of the laboratory, if different than the manufacturer that conducted the test; and
    10. The date that the testing occurred.
  3. The State Fire Marshal shall make certifications available to the Attorney General for purposes consistent with this chapter and the commissioner for the purposes of ensuring compliance with this section.
  4. Each cigarette certified under this section shall be recertified every three (3) years.
  5. For each brand family of cigarettes listed for certification, a manufacturer shall pay a fee of One Thousand Dollars ($1,000.00) to the State Fire Marshal. The fee paid shall apply to all cigarettes within the brand family certified and shall include any new cigarette certified within the brand family during the three-year certification period.
  6. If a manufacturer has certified a cigarette pursuant to this section, and thereafter makes any change to such cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this section, that cigarette shall not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards set forth in Section 45-12-5 and maintains records of that retesting as required by Section 45-12-5. Any altered cigarette which does not meet the performance standard set forth in Section 45-12-5 may not be sold in this state.

HISTORY: Laws, 2009, ch. 473, § 4, eff from and after July 1, 2010.

Editor’s Notes —

Laws of 2009, ch. 473, § 13, provides:

“SECTION 13. This act shall take effect and be in force from and after July 1, 2010; however, subsection (1) of Section 7 of this act [§45-12-13] and Section 12 of this act [§45-12-23] shall take effect and be in force from and after the passage of this act [March 30, 2009].”

§ 45-12-9. Marking of cigarette packaging [For contingent repeal of this section, see § 45-12-21].

  1. Cigarettes that are certified by a manufacturer in accordance with Section 45-12-7 shall be marked to indicate compliance with the requirements of Section 45-12-5. The marking shall be in eight-point type or larger and consist of the letters “FSC,” which signifies Fire Standard Compliant, permanently printed, stamped, engraved or embossed on the package at or near the UPC Code.
  2. A manufacturer shall use only one (1) marking, and shall apply this marking uniformly for all packages, including, but not limited to, packs, cartons, and cases, and brands marketed by that manufacturer.
  3. Manufacturers certifying cigarettes in accordance with Section 45-12-7 shall provide a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes. Wholesale dealers, agents and retail dealers shall permit the State Fire Marshal, the commissioner, the Attorney General and their employees to inspect markings of cigarette packaging marked in accordance with this section.

HISTORY: Laws, 2009, ch. 473, § 5, eff from and after July 1, 2010.

Editor’s Notes —

Laws of 2009, ch. 473, § 13, provides:

“SECTION 13. This act shall take effect and be in force from and after July 1, 2010; however, subsection (1) of Section 7 of this act [§45-12-13] and Section 12 of this act [§45-12-23] shall take effect and be in force from and after the passage of this act [March 30, 2009].”

§ 45-12-11. Penalties [For contingent repeal of this section, see § 45-12-21].

  1. A manufacturer, wholesale dealer, agent or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of Section 45-12-5, shall be subject to a civil penalty not to exceed One Hundred Dollars ($100.00) for each pack of such cigarettes sold or offered for sale, provided that in no case shall the penalty against any such person or entity exceed One Hundred Thousand Dollars ($100,000.00) during any thirty-day period.
  2. A retail dealer who knowingly sells or offers to sell cigarettes in violation of Section 45-12-5 shall be subject to a civil penalty not to exceed One Hundred Dollars ($100.00) for each pack of such cigarettes sold or offered for sale, provided that in no case shall the penalty against any retail dealer exceed Twenty-five Thousand Dollars ($25,000.00) for sales or offers to sale during any thirty-day period.
  3. In addition to any penalty prescribed by law, any corporation, partnership, sole proprietor, limited partnership or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to Section 45-12-7 shall be subject to a civil penalty of at least Seventy-five Thousand Dollars ($75,000.00) and not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00) for each such false certification.
  4. Any person violating any other provision in this section shall be liable for a civil penalty for a first offense not to exceed One Thousand Dollars ($1,000.00), and for a subsequent offense shall be liable for a civil penalty not to exceed Five Thousand Dollars ($5,000.00), for each such violation.
  5. Whenever any law enforcement personnel or duly authorized representative of the State Fire Marshal shall discover any cigarettes (a) for which no certification has been filed as required by Section 45-12-7, or (b) that have not been marked as required by Section 45-12-9, such personnel is hereby authorized and empowered to seize and take possession of such cigarettes. Cigarettes seized pursuant to this section shall be destroyed; provided, however, that prior to the destruction of any cigarette seized pursuant to these provisions, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarette.
  6. In addition to any other remedy provided by law, the Attorney General may file an action in the circuit court of the county in which such alleged violation of this chapter occurred, including petitioning (a) for preliminary or permanent injunctive relief against any manufacturer, importer, wholesale dealer, retail dealer, agent or any other person or entity to enjoin such entity from selling, offering to sell, or affixing tax stamps to any cigarette that does not comply with the requirements of this chapter, or (b) to recover any costs or damages suffered by the state because of a violation of this chapter, including enforcement costs relating to the specific violation and attorney’s fees. Each violation of this chapter or of rules or regulations adopted under this chapter constitutes a separate civil violation for which the State Fire Marshal or Attorney General may obtain relief. Upon obtaining judgment for injunctive relief under this section, the State Fire Marshal or Attorney General shall provide a copy of the judgment to all wholesale dealers and agents to which the cigarette has been sold.

HISTORY: Laws, 2009, ch. 473, § 6, eff from and after July 1, 2010.

Editor’s Notes —

Laws of 2009, ch. 473, § 13, provides:

“SECTION 13. This act shall take effect and be in force from and after July 1, 2010; however, subsection (1) of Section 7 of this act [§45-12-13] and Section 12 of this act [§45-12-23] shall take effect and be in force from and after the passage of this act [March 30, 2009].”

§ 45-12-13. Implementation [For effective date, see Editor’s note; for contingent repeal of this section, see § 45-12-21].

  1. The State Fire Marshal may promulgate rules and regulations, pursuant to Section 25-43-1 et seq., necessary to effectuate the purposes of this chapter.
  2. The commissioner in the regular course of conducting inspections of wholesale dealers, agents and retail dealers, as authorized under Section 27-69-1 et seq., may inspect such cigarettes to determine if the cigarettes are marked as required by Section 45-12-9. If the cigarettes are not marked as required, the commissioner shall notify the State Fire Marshal.

HISTORY: Laws, 2009, ch. 473, § 7, eff from and after July 1, 2010. See Editor’s note.

Editor’s Notes —

Laws of 2009, ch. 473, § 13, provides:

“SECTION 13. This act shall take effect and be in force from and after July 1, 2010; however, subsection (1) of Section 7 of this act [§45-12-13(1)] and Section 12 of this act [§45-12-23] shall take effect and be in force from and after the passage of this act [March 30, 2009].”

Section 25-43-1.101(3) provides that any reference to the Mississippi Administrative Procedures Act or Section 25-43-1 et seq. shall be deemed to mean and refer to the Mississippi Administrative Procedures Law, codified as Section 25-43-1.101 et seq.

§ 45-12-15. Inspection [For contingent repeal of this section, see § 45-12-21].

To enforce the provisions of this chapter, the Attorney General, the commissioner and the State Fire Marshal, their duly authorized representatives and other law enforcement personnel, are hereby authorized to examine the books, papers, invoices and other records of any person in possession, control or occupancy of any premises where cigarettes are placed, stored, sold or offered for sale, as well as the stock of cigarettes on the premises. Every person in the possession, control or occupancy of any premises where cigarettes are placed, sold or offered for sale, is hereby directed and required to give the Attorney General, the commissioner and the State Fire Marshal, their duly authorized representatives and other law enforcement personnel, the means, facilities and opportunity for the examinations authorized by this section.

HISTORY: Laws, 2009, ch. 473, § 8, eff from and after July 1, 2010.

Editor’s Notes —

Laws of 2009, ch. 473, § 13, provides:

“SECTION 13. This act shall take effect and be in force from and after July 1, 2010; however, subsection (1) of Section 7 of this act [§45-12-13] and Section 12 of this act [§45-12-23] shall take effect and be in force from and after the passage of this act [March 30, 2009].”

§ 45-12-17. Cigarette Fire Safety Standard and Firefighter Protection Fund [For contingent repeal of this section, see § 45-12-21].

There is hereby established in the State Treasury a special fund to be known as the “Cigarette Fire Safety Standard and Firefighter Protection Fund.” The fund shall consist of all certification fees paid under Section 45-12-7 and all monies recovered as penalties under Section 45-12-11. The monies shall be deposited to the credit of the fund and shall, in addition to any other monies made available for such purpose, be used by the State Fire Marshal to defray costs incurred by the State Fire Marshal in fulfilling his duties under this chapter, and to support fire safety and prevention programs.

HISTORY: Laws, 2009, ch. 473, § 9, eff from and after July 1, 2010.

Editor’s Notes —

Laws of 2009, ch. 473, § 13, provides:

“SECTION 13. This act shall take effect and be in force from and after July 1, 2010; however, subsection (1) of Section 7 of this act [§45-12-13] and Section 12 of this act [§45-12-23] shall take effect and be in force from and after the passage of this act [March 30, 2009].”

§ 45-12-19. Sale outside of Mississippi [For contingent repeal of this section, see § 45-12-21].

Nothing in this section shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of Section 45-12-5 if the cigarettes are, or will be, stamped for sale in another state or are packaged for sale outside the United States and that person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in this state.

HISTORY: Laws, 2009, ch. 473, § 10, eff from and after July 1, 2010.

Editor’s Notes —

Laws of 2009, ch. 473, § 13, provides:

“SECTION 13. This act shall take effect and be in force from and after July 1, 2010; however, subsection (1) of Section 7 of this act [§45-12-13] and Section 12 of this act [§45-12-23] shall take effect and be in force from and after the passage of this act [March 30, 2009].”

§ 45-12-21. Preemption.

This chapter shall be repealed if a federal reduced cigarette ignition propensity standard is adopted and becomes effective.

HISTORY: Laws, 2009, ch. 473, § 11, eff from and after July 1, 2010.

Editor’s Notes —

Laws of 2009, ch. 472, § 13, provides:

“SECTION 13. This act shall take effect and be in force from and after July 1, 2010; however, subsection (1) of Section 7 of this act [§45-12-13] and Section 12 of this act [§45-12-23] shall take effect and be in force from and after the passage of this act [March 30, 2009].”

§ 45-12-23. Local regulation [For contingent repeal of this section, see § 45-12-21].

This chapter preempts any local law, ordinance or regulation that conflicts with any provision of this chapter or any policy of the state implemented in accordance with this chapter and, notwithstanding any other provision of law, a governmental unit of this state may not enact or enforce an ordinance, local law or regulation conflicting with or preempted by this chapter.

HISTORY: Laws, 2009, ch. 473, § 12, eff from and after passage (approved Mar. 30, 2009.).

Editor’s Notes —

Laws of 2009, ch. 473, § 13, provides:

“SECTION 13. This act shall take effect and be in force from and after July 1, 2010; however, subsection (1) of Section 7 of this act [§45-12-13] and Section 12 of this act [§45-12-23] shall take effect and be in force from and after the passage of this act [March 30, 2009].”

Chapter 13. Fireworks and Explosives

Article 1. Fireworks.

§ 45-13-1. Manufacture, sale, possession, etc., of dangerous items prohibited; common fireworks; paper caps.

Except as herein provided, the manufacture, sale, possession or use of fireworks in this state is prohibited, provided the manufacture, sale, possession and use of fireworks which are now or may hereafter be classified as “common fireworks” by the Interstate Commerce Commission, and are labeled by said commission with the Class C common fireworks label, and which were designed to produce an audible effect shall contain an explosive composition not exceeding two (2) grains in weight, such fireworks being referred to as safe and sane items, and including such items as cone fountains, small Chinese crackers, small non-explosive Roman candles and rockets, and similar nondangerous items, shall be permitted within this state, but only upon the conditions as hereinafter set forth in this article. Paper caps for use in toy guns and similar items and nonexplosive sparklers are not included within the term “fireworks” as herein used.

HISTORY: Codes, 1942, § 7015-01; Laws, 1960, ch. 249, § 1, eff from and after June 30, 1960.

Cross References —

Power of municipalities to regulate the use and sale of fireworks, see §21-19-15.

Power of municipalities to regulate circuses, shows, theaters, and amusements, generally, see §21-19-33.

Regulation of places where fireworks may be exploded, see §97-37-27.

RESEARCH REFERENCES

ALR.

Liability for injury by explosive or the like found by, or left accessible to a child. 10 A.L.R.2d 22.

Liability of seller of firearms, explosive, or highly inflammable substance to child. 20 A.L.R.2d 119.

Validity, construction, and application of state or local laws regulating the sale, possession, use, or transport of fireworks. 48 A.L.R.5th 659.

Am. Jur.

31A Am. Jur. 2d, Explosions and Explosives §§ 7, 10, 11, 225.

CJS.

35 C.J.S., Explosives §§ 7-11.

§ 45-13-3. Sale, display, possession regulated; labeling.

Except as hereinafter provided, no retailer, dealer or any other person shall sell, offer for sale, store, display, or have in their possession, or use or explode anywhere in this state any fireworks that have not been approved and labeled as Class C common fireworks by the Interstate Commerce Commission. No jobber, wholesaler, manufacturer or any other person shall sell to retail dealers or any other person in this state for the purpose of resale or use in this state any fireworks which do not have the Interstate Commerce Commission Class C label printed on the fireworks or on the smallest package in which the same are sold. The Interstate Commerce Commission Class C label must be visible on the fireworks or smallest container in which the same are sold and the label shall be on the fireworks or on the package or both which are received by the general public from the dealer, and such label shall be of such size and so positioned as to be readily seen and recognized by law enforcement officers and the public. Wherever practical such fireworks and container shall have imprinted thereon directions for the handling thereof.

HISTORY: Codes, 1942, § 7015-02; Laws, 1960, ch. 249, § 2, eff from and after June 30, 1960.

Cross References —

Power of municipalities to regulate the use and sale of fireworks, see §21-19-15.

Power of municipalities to regulate circuses, shows, theaters, and amusements, generally, see §21-19-33.

Regulation of places where fireworks may be exploded, see §97-37-27.

RESEARCH REFERENCES

ALR.

Liability for injury by explosive or the like found by, or left accessible to child. 10 A.L.R.2d 22.

Liability of seller of firearm, explosive, or highly inflammable substance to child. 20 A.L.R.2d 119.

Validity, construction, and application of state or local laws regulating the sale, possession, use, or transport of fireworks. 48 A.L.R.5th 659.

Am. Jur.

31A Am. Jur. 2d, Explosions and Explosives §§ 12, 13.

CJS.

35 C.J.S., Explosives §§ 7-11.

§ 45-13-5. Additional items excepted from article.

Nothing in this article shall apply to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, or to the military or naval forces of the United States or of this state, or to peace officers or to the use of blank cartridge for ceremonial, theatrical or athletic events.

HISTORY: Codes, 1942, § 7015-03; Laws, 1960, ch. 249, § 3; Laws, 1966, ch. 376, § 1, eff from and after January 1, 1967.

§ 45-13-7. Storage; signs; fire extinguishing equipment; original packages.

Fireworks kept for sale at wholesale shall be stored in a room set aside for the storage of fireworks only. Over the entrance to this room shall be posted a sign reading “FIREWORKS–NO SMOKING–KEEP OPEN FLAMES AWAY.” Two (2) approved fire extinguishers shall be provided and kept in close proximity to the stock of fireworks in all buildings where fireworks are sold. Small temporary stands used for storing and selling fireworks only, in lieu of the fire extinguishers, may have a barrel of water and two (2) buckets available for use as fire extinguishing equipment. All fireworks kept for sale on counters must remain in original packages unless an attendant is on duty at all times at the counter where the fireworks are on display. Signs reading “FIREWORKS FOR SALE–NO SMOKING ALLOWED” shall be displayed in the section of any store set aside for the sale of fireworks.

HISTORY: Codes, 1942, § 7015-04; Laws, 1960, ch. 249, § 4, eff from and after June 30, 1960.

Cross References —

Power of municipalities to regulate the use and sale of fireworks, see §21-19-15.

Power of municipalities to regulate circuses, shows, theaters, and amusements, generally, see §21-19-33.

Regulation of places where fireworks may be exploded, see §97-37-27.

RESEARCH REFERENCES

ALR.

Liability for injury by explosive or the like found by, or left accessible to a child. 10 A.L.R.2d 22.

Validity, construction, and application of state or local laws regulating the sale, possession, use, or transport of fireworks. 48 A.L.R.5th 659.

Am. Jur.

31A Am. Jur. 2d, Explosions and Explosives §§ 12, 13.

CJS.

35 C.J.S., Explosives §§ 7-11.

§ 45-13-9. Dates when sales prohibited; sales to children; unlawful to explode or ignite in certain places.

No fireworks shall be sold or offered for sale at retail before the fifteenth day of June and after the fifth day of July and before the fifth day of December and after the second day of January of each year. No fireworks shall be sold to any person under the age of twelve (12) years. It shall be unlawful to ignite or discharge fireworks of any type within six hundred (600) feet of any church, hospital or school, or within seventy-five (75) feet of where fireworks are stored or offered for sale. It shall also be unlawful to ignite or discharge the same within or throw the same from or into or at any motor vehicle.

HISTORY: Codes, 1942, § 7015-05; Laws, 1960, ch. 249, § 5, eff from and after June 30, 1960.

Cross References —

Power of municipalities to regulate the use and sale of fireworks, see §21-19-15.

Power of municipalities to regulate circuses, shows, theaters, and amusements, generally, see §21-19-33.

Regulation of places where fireworks may be exploded, see §97-37-27.

RESEARCH REFERENCES

ALR.

Liability for injury by explosive, or the like found by, or left accessible to a child. 10 A.L.R.2d 22.

Liability of seller of firearms, explosive, or highly inflammable substance to child. 20 A.L.R.2d 119.

Validity, construction, and application of state or local laws regulating the sale, possession, use, or transport of fireworks. 48 A.L.R.5th 659.

Am. Jur.

31A Am. Jur. 2d, Explosions and Explosives §§ 12, 13.

CJS.

35 C.J.S., Explosives §§ 7-11.

§ 45-13-11. Permits for exhibitions; storage of items held for exhibitions.

The governing body of any municipality or the board of supervisors of any county outside a municipality may grant permits under which fireworks, the sale, possession or use of which is otherwise prohibited hereby, may be sold and used for exhibition purposes; however, such permit shall be issued in compliance with Section 1123 of the National Fire Protection Association, as revised, and the Mississippi Fire Prevention Code, as revised. Such permits shall require that the persons in charge of such exhibitions shall be experienced in the handling of fireworks and the members of the public attending the exhibitions shall be kept at a safe distance therefrom. Any fireworks held in storage for such exhibitions shall be kept in a closed box until removed therefrom for firing.

HISTORY: Codes, 1942, § 7015-06; Laws, 1960, ch. 249, § 6; Laws, 2004, ch. 395, § 1, eff from and after July 1, 2004.

Amendment Notes —

The 2004 amendment substituted “be issued in compliance with Section 1123 of the National Fire Protection Association as revised and the Mississippi Fire Prevention Code as revised” for “not include the use of such dangerous items as cherry bombs tubular salutes repeating bombs aerial bombs and torpedoes” in the first sentence.

Cross References —

Power of municipalities to regulate the use and sale of fireworks, see §21-19-15.

Power of municipalities to regulate circuses, shows, theaters, and amusements, generally, see §21-19-33.

Regulation of places where fireworks may be exploded, see §97-37-27.

RESEARCH REFERENCES

Am. Jur.

31A Am. Jur. 2d, Explosions and Explosives §§ 12, 13.

8 Am. Jur. Legal Forms 2d, Explosions and Explosives § 106:4 (fireworks display – application for permit).

CJS.

35 C.J.S., Explosives § 3.

§ 45-13-13. Rights of municipal governing bodies and county boards of supervisors unaffected by this article.

The provisions of this article shall not in any manner limit or affect the right of the governing body of municipalities and the boards of supervisors of counties to regulate or hereafter prohibit the possession, sale and use of fireworks of any kind within the limits thereof.

HISTORY: Codes, 1942, § 7015-07; Laws, 1960, ch. 249, § 7, eff from and after June 30, 1960.

Cross References —

Power of municipalities to regulate the use and sale of fireworks, see §21-19-15.

Power of municipalities to regulate circuses, shows, theaters, and amusements, generally, see §21-19-33.

RESEARCH REFERENCES

ALR.

Validity, construction, and application of state or local laws regulating the sale, possession, use, or transport of fireworks. 48 A.L.R.5th 659.

Am. Jur.

31A Am. Jur. 2d, Explosions and Explosives §§ 12, 13.

8 Am. Jur. Legal Forms 2d, Explosions and Explosives § 106:4 (fireworks display – application for permit).

CJS.

35 C.J.S., Explosives §§ 4 et seq.

§ 45-13-15. Violations.

Any person, firm, partnership or corporation violating any provision of this article shall be guilty of a felony, and shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00) and/or imprisonment in the county jail or state penitentiary not to exceed one (1) year. In addition to said criminal penalties, any person, firm, partnership or corporation violating any provision of this article shall be responsible for any and all injuries, deaths and property damage caused by or resulting from illegal fireworks sold by such person, firm, partnership or corporation which is prohibited by this article within the State of Mississippi, and any injured person or his legal representatives, shall have a right to bring a civil action against the dealer, distributor or manufacturer or person who sold said fireworks, whether said dealer, distributor or manufacturer or person be located in this state or not. Any dealer, distributor or manufacturer or person located outside of this state who shall sell fireworks in Mississippi shall make, constitute and appoint the Secretary of State as their lawful agent for service of process in any civil proceeding brought under the provisions of this article, to recover all damages caused or resulting from the sale of any fireworks prohibited by this article.

HISTORY: Codes, 1942, § 7015-08; Laws, 1960, ch. 249, § 8; Laws, 1966, ch. 376, § 2, eff from and after January 1, 1967.

Cross References —

Imposition of laboratory analysis fee in addition to any other assessment and costs imposed by statutory authority for any felony conviction, see §45-1-29.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any felony violation, see §99-19-73.

RESEARCH REFERENCES

ALR.

Validity, construction, and application of state or local laws regulating the sale, possession, use, or transport of fireworks. 48 A.L.R.5th 659.

Am. Jur.

31A Am. Jur. 2d, Explosions and Explosives §§ 154, 155, 162, 165, 169-174, 176-178, 191 et seq., 202, 210.

CJS.

35 C.J.S., Explosives §§ 54 et seq., 95 et seq.

Practice References.

8 Am Law Prod Liab 3d, Blasting Supplies and Fireworks § 107:4.

Article 3. Explosives.

§ 45-13-101. Seller to keep records; when sale of explosives unlawful.

Every person who sells or otherwise disposes of dynamite, nitroglycerine, explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, detonators or other similar explosives, shall keep an accurate record of the name of the purchaser, his address, quantity, and the general purpose of its intended use. It shall be unlawful to sell dynamite, nitroglycerine, explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, detonators or other similar explosives unless the person making the sale knows the purchaser and the general purpose for which such explosive or its counterpart will be used.

HISTORY: Codes, 1942, § 7015-31; Laws, 1964, ch. 337, § 1, eff from and after 30 days after passage (approved June 11, 1964).

Cross References —

Illegal possession of explosives, see §97-37-23.

Unlawful use of explosives, see §97-37-25.

RESEARCH REFERENCES

ALR.

Meaning of term “explosive” within 18 USCS § 844(i) prohibiting damage or destruction of property used in interstate commerce by means of explosive. 61 A.L.R. Fed. 899.

Admissibility, in trial for federal offense involving malicious use of explosives (under 18 USCS § 844), of evidence of taggants embedded in explosives. 70 A.L.R. Fed. 906.

Am. Jur.

31A Am. Jur. 2d, Explosions and Explosives §§ 6-8.

CJS.

35 C.J.S., Explosives §§ 7-11.

§ 45-13-103. Sales of explosives to be reported; regulation by municipalities.

Every seller of dynamite, nitroglycerine, explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, detonators or other similar explosives shall report any sale, transfer of title, or removal to the sheriff of the county where such transfer or removal took place within twenty-four (24) hours on forms to be provided. Should the sale, transfer of title of removal of explosives be within a municipality, then a report shall also be made within twenty-four (24) hours to the chief of police on forms to be provided. The governing authorities of municipalities shall have the power to adopt ordinances for the further regulation and control of dynamite, nitroglycerine and similar explosives.

HISTORY: Codes, 1942, § 7015-32; Laws, 1964, ch. 337, § 2, eff from and after 30 days after passage (approved June 11, 1964).

Cross References —

Illegal possession of explosives, see §97-37-23.

Unlawful use of explosives, see §97-37-25.

RESEARCH REFERENCES

ALR.

Admissibility, in trial for federal offense involving malicious use of explosives (under 18 USCS § 844), of evidence of taggants embedded in explosives. 70 A.L.R. Fed. 906.

Am. Jur.

31A Am. Jur. 2d, Explosions and Explosives §§ 6-8.

CJS.

35 C.J.S., Explosives §§ 7-11.

§ 45-13-105. Penalties for failure to report sale of explosives.

Any seller of dynamite, nitroglycerine, explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, detonators, or other similar explosives who does not report to proper authorities as required by this article shall, upon conviction, be punished by imprisonment in the penitentiary not exceeding five (5) years, or in the county jail not exceeding one (1) year.

HISTORY: Codes, 1942, § 7015-33; Laws, 1964, ch. 337, § 3, eff from and after 30 days after passage (approved June 11, 1964).

Cross References —

Illegal possession of explosives, see §97-37-23.

Unlawful use of explosives, see §97-37-25.

Applicability of the Racketeer Influenced and Corrupt Organization Act to this section, see §§97-43-1 et seq.

§ 45-13-107. Safekeeping of explosives.

Any person who has dynamite, nitroglycerine, explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, detonators or other similar explosives in his possession and being engaged in a lawful business which ordinarily requires the use thereof in the ordinary and usual conduct of such business, and who possesses said articles for the purpose of use in said business, or any seller, dealer, or person transporting said articles, shall keep said articles under his control and secure from theft or pilferage at all times.

HISTORY: Codes, 1942, § 7015-34; Laws, 1964, ch. 337, § 4, eff from and after 30 days after passage (approved June 11, 1964).

JUDICIAL DECISIONS

1. In general.

This section codifies duty of person having possession and control of dangerous explosives to exercise highest degree of care, so that utmost caution must be used to ensure that no harm comes to other persons coming in contact with them. Kallas v. United States, 763 F. Supp. 866, 1991 U.S. Dist. LEXIS 6052 (S.D. Miss. 1991).

In action for wrongful death and personal injury to children killed or injured by explosion of Army rocket with which they were playing on private property, evidence failed to present sufficient facts for court to determine liability of defendant United States under statute requiring person engaged in business of using explosives to keep such items under control and secure from theft or pilferage, as evidence did not permit reasoned evaluation and determination of circumstances and events surrounding removal of rocket from Army camp or other military installation; mere fact that it appeared at private residence does not necessarily imply statute was violated. Moreover, occurrence of theft does not necessarily establish violation of section. Also, in absence of proof as to date of removal of rocket from government property, court could not determine if removal occurred prior to effective date of statute. Breland ex rel. Breland v. United States, 791 F. Supp. 1128, 1990 U.S. Dist. LEXIS 19934 (S.D. Miss. 1990).

RESEARCH REFERENCES

Am. Jur.

10 Am. Jur. Pl & Pr Forms (Rev), Explosions and Explosives, Form 47 (complaint in federal court – diversity of citizenship – negligent storage of explosive material – violation of safety regulations – minor invitee permanently disabled by exploding blasting cap – against mine owner and agent by guardian ad litem).

§ 45-13-109. Reports of importation of explosives; fees; penalties.

Every person transporting or bringing dynamite, nitroglycerine, explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, detonators or other similar explosives into the State of Mississippi shall immediately report to the sheriff of the county of original entry, identify himself, give his destination and an inventory which shall be filed in a register to be kept by the sheriff. The sheriff shall, within twenty-four (24) hours, after receiving the name, destination and inventory, report same to the commissioner of public safety. For such registering and reporting, the sheriff shall be paid a fee of Three Dollars ($3.00) by the person transporting the explosives. A person transporting dynamite, nitroglycerine, explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, detonators or other similar explosives who fails to report his name, destination and inventory shall, upon conviction, be punished by imprisonment in the penitentiary not exceeding twenty (20) years.

HISTORY: Codes, 1942, § 7015-35; Laws, 1964, ch. 337, § 5, eff from and after 30 days after passage (approved June 11, 1964).

Cross References —

Illegal possession of explosives, see §97-37-23.

Unlawful use of explosives, see §97-37-25.

Chapter 14. Radiation Protection Program

Mississippi Radiation Protection Law of 1976

§ 45-14-1. Short title.

This chapter may be cited as the “Mississippi Radiation Protection Law of 1976.”

HISTORY: Laws, 1976, ch. 469, § 1, eff from and after passage (approved May 25, 1976).

Cross References —

Exclusion of radioactive materials regulated pursuant to Mississippi Radiation Protection Law from coverage under solid wastes disposal law, see §17-17-3.

Exclusion of radioactive materials regulated pursuant to Mississippi Radiation Protection Law from inclusion as hazardous wastes for purposes of promotion of projects for treatment of solid and hazardous wastes, see §17-17-103.

Hazardous waste for purposes of Multimedia Waste Minimization Act as not including radioactive wastes regulated under this chapter, see §49-31-9.

Nuclear energy generally, see §§57-25-1 et seq.

Comparable Laws from other States —

Connecticut: Conn. Gen. Stat. § 22a-148 et seq.

Delaware: 16 Del. C. § 7401 et seq.

Florida: Fla. Stat. § 404.011 et seq.

Illinois: 420 ILCS 40/1 et seq.

Maine: 22 M.R.S. § 671 et seq.

New Hampshire: RSA 125-F:1 et seq.

New Jersey: N.J. Stat. § 26:2D-1 et seq.

New Mexico: N.M. Stat. Ann. §74-3-1 et seq.

North Carolina: N.C. Gen. Stat. § 104E-1 et seq.

Pennsylvania: 35 P.S. § 7110.301 et seq.

RESEARCH REFERENCES

ALR.

Tort liability incident to nuclear accident or explosion. 21 A.L.R.3d 1356.

Tort liability for nonmedical radiological harm. 73 A.L.R.4th 582.

Law Reviews.

Bennett, Environmental Concerns in Bankruptcy Litigation. 10 Miss. C. L. Rev. 5, Fall 1989.

§ 45-14-3. Legislative declaration of policy.

It is the policy of the State of Mississippi in furtherance of its responsibility to protect the public health and safety:

To institute and maintain a program to permit development and utilization of sources of radiation for purposes consistent with the health and safety of the public, and

To prevent and/or reduce associated harmful effects of radiation upon the public through the institution and maintenance of a regulatory program for all sources of radiation; providing for: (1) a single, effective system of regulation within the state; (2) a system consonant insofar as possible with those of other states, and (3) compatibility with the standards and regulatory programs of the federal government for by-product, source, special nuclear materials, other radioactive materials and other sources of radiation.

HISTORY: Laws, 1976, ch. 469, § 2, eff from and after passage (approved May 25, 1976).

Comparable Laws from other States —

Connecticut: Conn. Gen. Stat. § 22a-148 et seq.

Delaware: 16 Del. C. § 7401 et seq.

Florida: Fla. Stat. § 404.011 et seq.

Illinois: 420 ILCS 40/1 et seq.

Maine: 22 M.R.S. § 671 et seq.

New Hampshire: RSA 125-F:1 et seq.

New Jersey: N.J. Stat. § 26:2D-1 et seq.

New Mexico: N.M. Stat. Ann. §74-3-1 et seq.

North Carolina: N.C. Gen. Stat. § 104E-1 et seq.

Pennsylvania: 35 P.S. § 7110.301 et seq.

§ 45-14-5. Definitions.

The following terms as used in this chapter shall have the meanings hereinafter ascribed to them, unless a different meaning is required by the context:

“Act” shall mean the Mississippi Radiation Protection Law of 1976;

“Agency” shall mean the Mississippi State Board of Health;

“Agreement materials” shall mean those materials licensed by the state under agreement with the United States Nuclear Regulatory Commission and which include by-product, source or special nuclear materials in a quantity not sufficient to form a critical mass, as defined by the Atomic Energy Act of 1954 as amended;

“Agreement state” shall mean any state which had consummated an agreement with the United States Nuclear Regulatory Commission under the authority of Section 274(b) of the Atomic Energy Act of 1954 as amended (73 Stat. 689), providing for acceptance by that state of licensing authority for agreement materials and the discontinuance of such activities by the commission;

“Atomic energy” shall mean all forms of energy released in the course of nuclear fission or nuclear fusion or other atomic transformations;

“Board” shall mean the state board of health;

“By-product material” shall mean any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.

“Commission” shall mean the United States Nuclear Regulatory Commission, formerly known as the United States Atomic Energy Commission;

“Council” shall mean the Mississippi Radiation Advisory Council;

“Electronic product” shall mean any manufactured product or device or component part of such a product or device that has an electronic circuit, which during operation can generate or emit a physical field of radiation;

“Emergency” shall mean any condition existing outside the bounds of nuclear operating sites owned or licensed by a federal agency or any condition existing within or outside of the jurisdictional confines of a facility licensed by the agency and arising from by-product material, source material, special nuclear material or other radioactive materials, which is endangering or could reasonably be expected to endanger the health and safety of the public, or to contaminate the environment;

“Ionizing radiation” shall mean gamma rays and x-rays, alpha and beta particles, high speed electrons, neutrons, protons, and other nuclear particles; but not sound or radiowaves, or visible, infrared, or ultraviolet light;

“License” shall mean a license issued pursuant to regulations promulgated under the provisions of this chapter;

“Non-ionizing radiation” shall mean radiation not defined as ionizing radiation, including, but not limited to, such sources as lasers, masers or microwave devices; but does not include sonic, or infrasonic waves or thermally produced visible and infrared light;

“Nuclear energy” shall mean all forms of energy released in the course of nuclear fission or nuclear fusion or other atomic transformations;

“Person” shall mean any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent or agency of the foregoing, other than the United States Nuclear Regulatory Commission, or any successor thereto, and other than federal government agencies licensed by the United States Nuclear Regulatory Commission, or any successor thereto;

“Radiation” shall mean gamma rays and x-rays, alpha and beta particles, high speed electrons, protons, neutrons, and other nuclear particles, and electromagnetic radiation consisting of associated and interacting electric and magnetic waves and ultrasonic waves;

“Radiation machine” shall mean any device capable of producing radiation or nuclear particles when the associated control devices of the machine are operated;

“Radioactive material” shall mean any solid, liquid or gas which emits radiation spontaneously;

“Registration” shall mean a registration issued pursuant to regulations promulgated under the provisions of this chapter;

“Source of radiation” shall mean any radioactive material or any device or equipment emitting or capable of producing radiation;

“Source material” shall mean (1) uranium, thorium or any other material which the agency declares to be source material after the United States Nuclear Regulatory Commission, or any successor thereto, has determined the material to be such; or (2) ores containing one (1) or more of the foregoing materials, in such concentration as the agency declares by order to be source material after the United States Nuclear Regulatory Commission, or any successor thereto, has determined the material in such concentration to be source material, and

“Special nuclear material” shall mean (1) plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the agency declares to be special nuclear material after the United States Nuclear Regulatory Commission, or any successor thereto, has determined the material to be such, but does not include source material; or (2) any material artificially enriched by any of the foregoing, but does not include source material.

HISTORY: Laws, 1976, ch. 469, § 3, eff from and after passage (approved May 25, 1976).

Federal Aspects—

Atomic Energy Act of 1954, see 42 USCS §§ 2011 et seq.

Section 274(b) of the Atomic Energy Act of 1954, see 42 USCS § 2021(b).

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. Legal Forms 2d, Atomic Energy § 28:12 (agreement to transfer regulatory authority over radiation hazards to state – between Nuclear Regulatory Commission and state).

§ 45-14-7. State board of health to administer statewide radiation protection program; creation and duties of state radiation advisory council.

  1. The state board of health is hereby designated as the state agency to administer a statewide radiation protection program consistent with the provisions of this chapter.
  2. There is hereby created and established the Mississippi Radiation Advisory Council as a separate division of the agency. It is made the duty of the council, and it is hereby granted the authority to:
    1. Advise the agency in the development of comprehensive policies and programs for the evaluation, determination and reduction of hazards associated with the use of radiation, and
    2. Assist in the formulation and approval of rules, regulations and standards relating to receipt, possession, use, transfer, ownership, acquisition, manufacture, production, transportation, handling, servicing, installation, storage, disposal, sale, lease or other disposition of sources of radiation as may be necessary to carry out the provisions of this chapter. The recommendation of nationally recognized bodies in the field of radiation protection shall be taken into consideration in the formulation of such rules, regulations and standards.

HISTORY: Laws, 1976, ch. 469, § 4, eff from and after passage (approved May 25, 1976).

Cross References —

Duties of State Board of Health generally, see §41-3-15.

Powers and duties of the State Board of Health concerning the transportation of radioactive waste, see §§45-14-51 et seq.

Appointment of a member of the Radiation Advisory Council to the Southeast Interstate Low-Level Radioactive Waste Commission, see §57-47-3.

§ 45-14-9. Radiation advisory council; membership; meetings; quorum; compensation of members.

  1. The council shall consist of the director of radiological health within the state board of health, who shall serve ex officio as secretary, and six (6) members appointed by the state board of health as follows:
    1. One (1) member from the Mississippi Medical Association for a term of three (3) years;
    2. One (1) member from the Mississippi Dental Association for a term of three (3) years;
    3. One (1) member from the Mississippi Radiological Society for a term of four (4) years;
    4. One (1) licensed chiropractor for a term of four (4) years;
    5. One (1) member having recognized knowledge in the radiation field from private industry in Mississippi for a term of four (4) years; and
    6. One (1) member having recognized knowledge in the radiation field from one (1) of the Mississippi institutions of higher learning for a term of four (4) years.

      The members described above and serving on the council on June 30, 1984, shall continue to serve on the council until the expiration of their terms.

    1. The chairman of the council shall be selected by and from the council membership.
    2. The council shall meet at the call of the chairman but at least once a year.

      Upon the request of three (3) or more members, it shall be the duty of the chairman to call a meeting of the council. Minutes of the meetings of the council shall be transmitted to the secretary and executive officer of the state board of health.

      A majority of the council shall constitute a quorum to conduct business.

    3. Any member may be removed prior to the expiration of his term by the state board of health. His removal may be based upon wilful neglect of duty or impropriety in office.
  2. Members of the council shall be reimbursed for their actual and necessary expenses, including food, lodging and mileage as authorized by Section 25-3-41, Mississippi Code of 1972, required for attendance at council meetings. Council members shall receive a per diem for attendance at council meetings as is authorized under Section 25-3-69.
  3. All clerical and other services required by the council shall be supplied by the agency.

HISTORY: Laws, 1976, ch. 469, § 5; Laws, 1978, ch. 439, § 1; Laws, 1983, ch. 522, § 42; Laws, 1984, ch. 488, § 313, eff from and after July 1, 1984.

Cross References —

Affect of any member of a board, commission, council or authority changing domicile after appointment, see §7-13-9.

§ 45-14-11. General powers of state board of health.

In order to provide for the protection of the public health and safety, the agency is empowered to:

Develop comprehensive policies and programs for the evaluation, determination and amelioration of hazards associated with the use of sources of radiation. Such policies and programs shall be developed with due regard for compatibility with federal programs for the control and regulation of sources of radiation;

Advise, consult and cooperate with other public agencies and with affected groups and industries;

Encourage, participate in or conduct studies, investigations, public hearings, training, research and demonstrations relating to the control of sources of radiation, the measurement of radiation, the effect upon public health and safety of exposure to radiation and related problems;

Adopt, promulgate, amend and repeal such rules, regulations and standards which may provide for licensing or registration relating to the receipt, possession, use, transfer, ownership, acquisition, manufacture, production, transportation, handling, storage, disposal, sale, lease or other disposition of sources of radiation as may be necessary to carry out the provisions of this chapter. The recommendations of nationally recognized experts in the field of radiation protection shall be taken into consideration;

Provide necessary and desirable services to any agency of the state which will acquire, lease, develop or operate land and facilities to be used for fostering development of the state’s economic potential in the nuclear energy field, including, but not limited to, the concentration or storage of radioactive by-products and wastes. Such services may include, but are not limited to, site evaluation, critique of private or public site monitoring activities, and developing plans for perpetual custody and maintenance of radioactive materials held for custodial purposes at any publicly or privately operated facility located within the state;

Require, for new construction and material alterations, submission of plans, specifications and reports on: (1) design and protective shielding of installations for sources of radiation, and (2) systems for the disposal of radioactive waste material and (3) the determination of any radiation hazard. The agency may render opinions, approve or disapprove such plans and specifications;

Require all sources of radiation to be shielded, transported, handled, used, stored or disposed of in such manner as to comply with the provisions of this chapter and rules, regulations and standards promulgated thereunder;

Collect and disseminate information relating to the control of sources of radiation, including, but not limited to: (1) maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions and revocations, and (2) maintenance of a file of registrants possessing sources of radiation requiring registration under the provisions of this chapter, and regulations thereunder, and any administrative or judicial action pertaining thereto;

Require, on forms prescribed and furnished by the agency, registration, periodic re-registration, or licensing of persons to use, manufacture, produce, transport, transfer, receive, acquire, own or possess sources of radiation;

Exempt certain sources of radiation or kinds of uses or users from the licensing or registration requirements set forth in this chapter when the agency determines that the exemption of such sources of radiation or kinds of users or uses will not constitute a significant risk to the health and safety of the public;

Promulgate rules and regulations pursuant to this chapter which may provide for recognition of other state and federal licenses and registrations as the agency shall deem desirable, subject to such requirements as it may prescribe; and exercise all incidental powers necessary to carry out the provisions of this chapter;

Conduct environmental radiation surveillance and monitoring programs for evaluating levels of radioactive materials in the environment, including, but not limited to, levels of radioactive materials near nuclear powered electrical generating plants and other nuclear facilities;

Provide, by rules and regulations, for an electronic products safety program to protect the public health and safety. Such program shall authorize regulation and inspection of sources of non-ionizing radiation throughout the state;

Respond to any emergency which involves possible or actual release of radioactive materials; respond, coordinate decontamination, and otherwise protect the public health and safety in any manner deemed necessary. This chapter does not in any way, alter or change the provisions of the Executive Order No. 185, dated August 26, 1974, concerning response during an emergency by the state civil defense council;

Develop and implement a responsible data management program for the purpose of collecting and analyzing statistical information necessary to protect the public health and safety; and

Enforce the provisions and policies of the Southeast Interstate Low-Level Radioactive Waste Management Compact as provided in Section 57-47-1 and regulations promulgated pursuant to Section 57-47-1.

HISTORY: Laws, 1976, ch. 469, § 6; Laws, 1991, ch. 343 § 1, eff from and after passage (approved March 15, 1991).

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. Legal Forms 2d, Atomic Energy §§ 28:10 et seq (sale, possession, and use of radioactive materials and devices).

§ 45-14-13. Licensing and registration of persons to deal with sources of radiation, installations, or equipment utilizing such sources.

  1. The agency shall provide by rule and regulation, for licensing and registration of persons to use, manufacture, produce, transport, transfer, receive, acquire, own or possess sources of radiation, installations, or equipment utilizing such sources. Such rule or regulation shall provide for amendment, suspension or revocation of licenses or registrations. Each application for a specific license shall be in writing on forms prescribed and furnished by the agency and shall state, and be accompanied by, such information or documents, including, but not limited to, plans, specifications and reports for new construction or material alterations as the agency may determine to be reasonable and necessary to decide the qualifications of the applicant to protect the public health and safety. The agency may require all applications or statements to be made under oath or affirmation. Each license shall be in such form and contain such terms and conditions as the agency may deem necessary. No license issued under the authority of this chapter and no right to possess or utilize sources of radiation granted by any license shall be assigned or in any manner disposed of; and the terms and conditions of all licenses shall be subject to amendment, revisions or modification by rules, regulations or orders issued in accordance with the provisions of this chapter.
  2. Any person who, on the effective date of any agreement with the commission, possesses a license issued by the commission shall be deemed to possess the same pursuant to a license issued under this chapter, which shall expire either ninety (90) days after receipt from the agency of a notice of expiration of such license, or on the date of expiration specified in the federal license, whichever is earlier.
  3. Each registration shall be in writing on forms prescribed and furnished by the agency. The agency may require all registrations or statements to be made under oath or affirmation. Each registration shall be in such form and contain such terms and conditions as the agency may deem necessary. No registration issued under the authority of this chapter and no right to possess or utilize sources of radiation granted by any registration shall be assigned or in any manner disposed of; and the terms and conditions of all registrations shall be subject to amendment, revisions or modification by rules, regulations or orders, issued in accordance with the provisions of this chapter.

HISTORY: Laws, 1976, ch. 469, § 7, eff from and after passage (approved May 25, 1976).

RESEARCH REFERENCES

Am. Jur.

2A Am. Jur. Pl & Pr Forms (Rev), Atomic Energy, Forms 21 et seq (state and local regulation and control).

3 Am. Jur. Legal Forms 2d, Atomic Energy §§ 28:10 et seq. (sale, possession, and use of radioactive materials and devices); § 28:12 (agreement to transfer regulatory authority over radiation hazards to state – between Nuclear Regulatory Commission and state).

§ 45-14-15. Inspections by state board of health; training and education programs; agreements with federal and state governments.

  1. Authorized representatives of the agency shall have the authority to enter upon any public or private property of permittees, registrants and licensees, including private dwellings used for business purposes, at all reasonable times for the purpose of determining compliance with the provisions of this chapter and rules, regulations and standards adopted hereunder. Authorized representatives of the agency, only in the event of a declared emergency, shall have the authority to enter upon any public or private property, including private dwellings used for business purposes, at all reasonable times for the purpose of determining compliance with the provisions of this chapter and rules, regulations and standards adopted hereunder.
  2. The agency is authorized to institute training programs for its personnel to carry out the provisions of this chapter and may make personnel available for participation in any program or programs of the federal government, other states or interstate agencies in furtherance of the purposes of this chapter.
  3. The agency is authorized to institute educational programs for the purpose of training or educating persons who may possess, use, handle, transport or service sources of radiation.
  4. The Governor is authorized to enter into agreements with the federal government, other states or interstate agencies, whereby this state will perform, on a cooperative basis with the federal government, other states, or interstate agencies, inspections, emergency response to radiation accidents and other functions related to the control of radiation.

HISTORY: Laws, 1976, ch. 469, § 8, eff from and after passage (approved May 25, 1976).

§ 45-14-17. Attorney General shall counsel persons against whom tort claims arise for their assistance during an emergency.

In any and all tort claims against any person which arise while that person is rendering assistance during an emergency (1) at the request of any authorized representative of the agency or (2) pursuant to an agreement for mutual state radiological assistance as provided for in Section 45-14-15(4), the provisions of Section 7-5-43, Mississippi Code of 1972, shall apply as if such person were an employee of this state.

HISTORY: Laws, 1976, ch. 469, § 9, eff from and after passage (approved May 25, 1976).

§ 45-14-19. Records to be kept by persons possessing or using sources of radiation; furnishing employees their personnel exposure records.

  1. The agency is authorized to require each person who possesses or uses a source of radiation: (a) to maintain appropriate records relating to its receipt, storage, use, transfer or disposal and maintain such other records as the agency may require, subject to such exemptions as may be provided by rules and regulations; and (b) to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring may be required by the agency, subject to such exemptions as may be provided by rules and regulations. Copies of all records required to be kept by this chapter shall be submitted to the agency or its duly authorized agents upon request.
  2. The agency is authorized to require that any person possessing or using a source of radiation, at the request of any employee, furnish to each employee for whom personnel monitoring is required a copy of such employee’s personnel exposure record annually, and upon termination of employment at any time such employee has received excessive exposure.

HISTORY: Laws, 1976, ch. 469, § 10, eff from and after passage (approved May 25, 1976).

RESEARCH REFERENCES

ALR.

Tort liability incident to nuclear accident or explosion. 21 A.L.R.3d 1356.

Tort liability for nonmedical radiological harm. 73 A.L.R.4th 582.

Am. Jur.

2A Am. Jur. Pl & Pr Forms (Rev), Atomic Energy, Forms 71 et seq (civil liability for injuries from radiation or nuclear explosions).

9 Am. Jur. Proof of Facts, Radiation Injuries and Nuclear Energy, Proof No. 2 (detection of radiation exposure – testimony of health physicist).

§ 45-14-21. Refusal to grant license or registration; suspension, revocation or amendment of license or registration; emergency orders.

  1. The agency may refuse to grant a license or registration as provided in Sections 45-14-11 and 45-14-13 to any applicant or registrant who does not possess the requirements or qualifications which the agency may prescribe in rules and regulations, or who has been refused issuance or renewal of a license, registration, permit or certificate by a licensing or registering authority of another state or the United States Nuclear Regulatory Commission, or whose license, registration, permit or certificate has been revoked, suspended or restricted by such licensing or registering authority. The agency may suspend, revoke or amend any license or registration in the event that the person to whom such license or registration was granted violates any of the rules and regulations of the agency, or ceases, or fails to have the reasonable facilities prescribed by the agency, or has a license, registration, permit or certificate revoked, suspended or restricted by a licensing or registering authority of another state, or the United States Nuclear Regulatory Commission. Provided, that before any order is entered denying an application for a license or registration or suspending, revoking, modifying or amending a license or registration previously granted, the applicant or person to whom such license or registration was granted shall be given notice and granted a hearing by the state health officer.
  2. Whenever the agency in its opinion finds that an emergency exists requiring immediate action to protect the public health and safety, the agency may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as is necessary to meet the emergency. Notwithstanding any provision of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, and on application to the agency shall be afforded a hearing within ten (10) days. On the basis of such a hearing, the emergency order shall be continued, modified or revoked within thirty (30) days after such hearing, as the board, with consultation of the council, may deem appropriate under the evidence.
  3. Any applicant or person to whom a license or registration was granted who shall be aggrieved by any order of the agency or its duly authorized agent denying such application or suspending, revoking or amending such license or registration, may appeal directly to the chancery court of the county of his residence, or if he is a nonresident, to the Chancery Court of the First Judicial District of Hinds County, Mississippi.

HISTORY: Laws, 1976, ch. 469, § 11; Laws, 1979, ch. 399, eff from and after passage (approved March 20, 1979).

RESEARCH REFERENCES

Am. Jur.

2A Am. Jur. Pl & Pr Forms (Rev), Atomic Energy, Forms 21 et seq (state and local regulation and control).

§ 45-14-23. Emergency impounding of sources of radiation.

  1. Authorized representatives of the agency shall have the authority in the event of an emergency to impound or order the impounding of sources of radiation in the possession of any person who is not equipped to observe or fails to observe the provisions of this chapter or any rules or regulations issued thereunder.
  2. The agency may release such sources of radiation to the owner thereof upon terms and conditions in accordance with the provisions of this chapter and rules and regulations adopted thereunder or may bring an action in the chancery court of the county wherein the cause of action occurred for an order condemning such sources of radiation and providing for their destruction or other disposition so as to protect the public health and safety.

HISTORY: Laws, 1976, ch. 469, § 12, eff from and after passage (approved May 25, 1976).

§ 45-14-25. Transportation of radioactive materials.

  1. The agency is authorized to adopt, promulgate, amend and repeal rules and regulations governing the transportation of radioactive materials in Mississippi, which, in the judgment of the council, shall promote the public health, safety or welfare and protect the environment.
    1. Such rules and regulations may include, but shall not be limited to, provisions for the use of signs designating radioactive material cargo, for the packaging, marking, loading and handling of radioactive materials and the precautions necessary to determine whether the material when offered is in proper condition for transport, and may include designation of routes in this state which are to be used for the transportation of radioactive materials.
    2. Such rules and regulations shall not include the carrier vehicle or its equipment, the licensing of packages, nor shall they apply to the handling or transportation of radioactive material within the confines of a facility licensed by or owned by a federal agency.
    3. The agency, in consultation with the council, is authorized to adopt by reference, in whole or in part, such federal rules and regulations governing the transportation of radioactive material which are established by the United States Nuclear Regulatory Commission, the United States Federal Aviation Agency, the United States Department of Transportation, the United States Coast Guard or the United States Post Office (or any federal agency which is a successor to any of the foregoing agencies), as such federal rules may be amended from time to time.
    4. The agency shall not promulgate any rules or regulations pertaining to matters within the jurisdiction of the United States Department of Transportation or the United States Federal Aviation Administration under the Hazardous Materials Transportation Act, except to the extent that the agency adopts by reference rules or regulations issued by the United States Department of Transportation or the United States Federal Aviation Administration, and except as provided in 49 USCS Section 1811(b).
  2. The agency is authorized to enter into agreements with the respective federal agencies designed to avoid duplication of effort and/or conflict in enforcement and inspection activities so that:
    1. Rules and regulations adopted by the agency pursuant to this chapter may be enforced, within their respective jurisdictions, by any authorized representatives of the agency and other state agencies, according to mutual understandings between such agencies of their respective responsibilities and authorities.
    2. The agency, through any authorized representative, is authorized to inspect any records of persons engaged in the transportation of radioactive materials during the hours of business operation when such records reasonably relate to the method or contents of packaging, marking, loading, handling or shipping of radioactive materials within the state.
    3. The agency, through any authorized representative, may enter upon and inspect the premises or vehicles of any person engaged in the transportation of radioactive materials during hours of business operation, with or without a warrant, for the purpose of determining compliance with the provisions of this chapter and the rules and regulations promulgated hereunder.
  3. Upon a determination by the agency that any provision of this chapter, or the rules and regulations promulgated hereunder, are being violated or that any practice in the transportation of radioactive materials constitutes a clear and imminent danger to the public health, property or safety, it may issue an order requiring correction.

HISTORY: Laws, 1976, ch. 469, § 13, eff from and after passage (approved May 25, 1976).

Editor’s Notes —

49 USCS Section 1811(b), referenced in this section, was revised and recodified by Pub. L. No. 103-272, 108 Stat. 745, effective July 5, 1994, and now appears as 49 USCS § 5125(g).

§ 45-14-27. Liability for state coordination of decontamination of radiation accidents or perpetual maintenance and custody of radioactive materials.

  1. Upon completion of any project or activity regarding emergency response to and coordination of decontamination of radiation accidents or perpetual maintenance and custody of radioactive materials, each agency of the state that has participated by furnishing personnel, equipment or material shall deliver to the agency record of the expenses incurred by that agency. The amount of incurred expenses shall be disbursed by the secretary and executive officer of the state board of health to each agency from funds available therefor. Upon completion of such project or activity, the agency shall prepare a statement of all expenses and costs for the project or activity expended by the state and shall make demand for payment upon the person having control over the radioactive materials or the release thereof which necessitated said project or activity. Any person having control over the radioactive materials or the release thereof and any other person causing or contributing to an incident necessitating such project or activity stated in this subsection shall be directly liable to the state for the necessary expenses incurred thereby and the state shall have a cause of action to recover from any or all such persons. If the person having control over the radioactive materials or the release thereof shall fail or refuse to pay the sum expended by the state, the agency shall refer the matter to the Attorney General of Mississippi who shall institute an action in the name of the state in the chancery court of the county in which the project or activity was undertaken by the state to recover such cost and expenses.
  2. In any action instituted by the attorney general under this chapter, a verified and itemized statement of the expenses incurred by the state in any project or activity stated in subsection (1) of this section, shall be filed with the complaint and shall constitute a prima facie case, and the state shall be entitled to a judgment thereon in the absence of allegation and proof on the part of the defendant or defendants that:
    1. the statement of expenses incurred by the state is not correct because of an error in the calculation of the amount due; or
    2. the statement of the amount due is not correct because of an error in not properly crediting the account with any cash payment, or payments, or other satisfaction, which may have been made thereon.

HISTORY: Laws, 1976, ch. 469, § 14, eff from and after passage (approved May 25, 1976).

RESEARCH REFERENCES

ALR.

Tort liability incident to nuclear accident or explosion. 21 A.L.R.3d 1356.

Tort liability for nonmedical radiological harm. 73 A.L.R.4th 582.

Am. Jur.

2A Am. Jur. Pl & Pr Forms (Rev), Atomic Energy, Forms 71 et seq (civil liability for injuries from radiation or nuclear explosions).

§ 45-14-29. Bond, insurance or other security of persons dealing in radioactive materials.

No person shall use, manufacture, produce, transport, transfer, receive, acquire, own or possess radioactive materials until that person shall have procured and filed with the agency such bond, insurance or other security as the agency may by regulation require. Such bond, insurance or other security shall:

run in favor of the State of Mississippi in the amount set by the agency which shall be a reasonable amount commensurate with the possible danger and potential damage which may occur due to the use, manufacture, production, transportation, transfer, receipt, acquisition or possession of radioactive materials; provided, however, that the minimum amounts shall be as follows:

One Hundred Thousand Dollars ($100,000.00) for all damages because of bodily injury sustained by one (1) person as the result of any one (1) occurrence and Three Hundred Thousand Dollars ($300,000.00) for all damages because of bodily injury sustained by two (2) or more persons as the result of any one (1) occurrence;

One Hundred Thousand Dollars ($100,000.00) for all claims arising out of damage to property as the result of any one (1) occurrence including completed operations, with an aggregate limit of Three Hundred Thousand Dollars ($300,000.00) for all property damage to which the policy applied; and

have as guarantor on such bond or insurance a surety company licensed to do business in the State of Mississippi.

HISTORY: Laws, 1976, ch. 469, § 15, eff from and after passage (approved May 25, 1976).

§ 45-14-31. Fees for radiological health services [Repealed effective July 1, 2020].

  1. All initial application and registration fees and annual fees due under this section shall be paid directly to the agency for deposit into the Radiological Health Operations Fund in the State Treasury. The Mississippi State Board of Health shall submit its separate budget for carrying out the provisions of this chapter. The budget shall be subject to and shall comply with the requirements of the state budget law.
  2. In order to supplement state radiological health budget allocations authorized to carry out and enforce the provisions of this chapter, the agency is authorized to charge and collect fees for the following radiological health services:
    1. Radiological health services — Category 1: application fee and annual fee not to exceed. . . . .$3,500.00
    2. Radiological health services — Category 2: application fee and annual fee not to exceed. . . . .$1,800.00
    3. Radiological health services — Category 3: application fee and annual fee not to exceed. . . . .$1,800.00
    4. Healing arts and veterinary medicine X-ray tubes: application fee and annual fee not to exceed. . . . .$150.00

      The radiological health services that are included in each specified category shall be determined by the agency by rules and regulations adopted by the agency.

      The agency may increase the amount of the fees charged under this subsection not more than two (2) times during the period from July 1, 2016, through June 30, 2020, with the percentage of each increase being not more than five percent (5%) of the amount of the fee in effect at the time of the increase.

  3. The agency shall set the amount of the fees for all other radiological health services not specified in subsection (2) of this section, and any increase in the fees charged by the agency under this subsection shall be in accordance with the provisions of Section 41-3-65.

HISTORY: Laws, 1976, ch. 469, § 16; Laws, 1979, ch. 341; Laws, 1984, ch. 488, § 215; Laws, 1986, ch. 371, § 16; Laws, 1990, ch. 376, § 1; Laws, 1991, ch. 606, § 10; Laws, 2000, ch. 429, § 1; Laws, 2006, ch. 389, § 1; Laws, 2016, ch. 510, § 37, eff from and after July 1, 2016.

Editor’s Notes —

Laws of 2016, ch. 510, § 65, provides:

“SECTION 65. This act shall stand repealed on July 1, 2020.”

Amendment Notes —

The 2006 amendment increased certain fees charged by the State Department of Health for the regulation of radioactive materials, X-Ray Tubes, Industrial Radiography X-Ray Registrations, services, accelators, neutron generator registrations, and nuclear reactors; added “or Specific Licensed Devices” to the heading of III.; and made minor stylistic changes.

The 2016 amendment divided the former first paragraph into (1) and the introductory paragraph of (2), and therein substituted “fees for the following radiological health services” for “fees in accordance with the following schedules” at the end; in (2), added (a) through (d) and the last two paragraphs; added (3); and deleted the schedule of fees for radioactive material licenses, general license devices, x-ray tubes, industrial radiography x-ray registrations, radiation machines servicing, accelerators, neutron generator registrations, nuclear reactors, out of state licenses, registrants and permittees, and tanning equipment.

Federal Aspects—

U.S. Nuclear Regulatory Commission generally, see 42 USCS §§ 5841 et seq.

§ 45-14-33. Unlawful acts.

It shall be unlawful for any person to use, manufacture, produce, transport, transfer, receive, acquire, own or possess any source of radiation unless licensed, registered or exempted by the agency in accordance with the provisions of this chapter and the rules and regulations adopted and promulgated hereunder. The provisions of this chapter regarding licensing, permits, registration and bonding shall not apply to the use, ownership, transportation, acquisition, receipt or transferral of household consumer products when so used, owned, transported, acquired, received or transferred by retailers or consumers of the State of Mississippi.

HISTORY: Laws, 1976, ch. 469, § 17, eff from and after passage (approved May 25, 1976).

§ 45-14-35. Local ordinances, resolutions and regulations relating to sources of radiation are not superseded.

Ordinances, resolutions or regulations, now or hereafter in effect, of the governing body of a municipality or county or the political entity relating to sources of radiation shall not be superseded by this chapter; provided, that such ordinances or regulations are and continue to be no more restrictive than, and consistent and compatible with, the provisions of this chapter, as amended, and rules and regulations promulgated by the agency.

HISTORY: Laws, 1976, ch. 469, § 18, eff from and after passage (approved May 25, 1976).

§ 45-14-37. Penalties.

Any person who willfully and knowingly violates any provisions of this chapter or rules and regulations promulgated hereunder, or who hinders, obstructs or otherwise interferes with any authorized representative of the agency in the discharge of his official duties in making inspections as provided in Section 45-14-15(1) or in impounding sources of radiation as provided in Section 45-14-23 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), or imprisoned for not more than thirty (30) days, or both such fine and imprisonment.

HISTORY: Laws, 1976, ch. 469, § 19, eff from and after passage (approved May 25, 1976).

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 45-14-39. Report to air and water pollution control commission as to waters containing radioactive materials.

When the agency determines that any waters contain any radioactive materials, the agency shall submit a report so advising the Mississippi Air and Water Pollution Control Commission.

HISTORY: Laws, 1976, ch. 469, § 20, eff from and after passage (approved May 25, 1976).

Editor’s Notes —

Section 49-17-7 provides that the words “Mississippi Air and Water Pollution Control Commission” wherever they may appear in the laws of the State of Mississippi shall be construed to mean the Mississippi Commission on Natural Resources. Section 49-2-6, however, provides wherever the term “Mississippi Commission on Natural Resources” appears in any law the same shall mean the Mississippi Commission on Environmental Quality.

Cross References —

Powers and duties of Air and Water Pollution Control Commission generally, see §49-17-17.

§ 45-14-41. No state jurisdiction over federally licensed and regulated nuclear powered steam electric generating plants.

Nothing in this chapter shall be construed to confer jurisdiction to the State of Mississippi over the construction, operation or maintenance of nuclear powered steam electric generating plants licensed and regulated by the United States Nuclear Regulatory Commission or any successor agency.

HISTORY: Laws, 1976, ch. 469, § 22, eff from and after passage (approved May 25, 1976).

Mississippi Radioactive Waste Transportation Act

§ 45-14-51. Short title.

Sections 45-14-51 through 45-14-69 shall be known and may be cited as the “Mississippi Radioactive Waste Transportation Act.”

HISTORY: Laws, 1982, ch. 432, § 1, eff from and after passage (approved April 1, 1982).

§ 45-14-53. Legislative purpose.

The Legislature finds that the transportation of radioactive waste poses a potential threat to the health and safety of the people of Mississippi. The protection of public health and safety in the event of a transportation accident involving radioactive waste requires the preparation of emergency response procedures and the training of public safety officials in the proper response to such an incident. The costs of radiological emergency response planning for transportation accidents should properly be borne by shippers of radioactive waste.

HISTORY: Laws, 1982, ch. 432, § 2, eff from and after passage (approved April 1, 1982).

§ 45-14-55. Definitions.

The following terms shall have the meaning ascribed herein unless the context shall otherwise require:

“Agency” shall mean the Mississippi Emergency Management Agency.

“Radioactive waste” shall mean irradiated nuclear reactor fuel, and any other material which emits radiation which the Mississippi State Board of Health determines by regulation to present a significant threat to public health and safety.

“Application” shall mean any request to the agency for a permit to transfer radioactive waste.

“Carrier” shall mean and include a common, contract or private carrier of property by motor vehicle, railroad, aircraft or vessels, including barges.

“Public safety official” shall mean police, fire, health, disaster or emergency management officials of the state or any of its political subdivisions.

“Permit” shall mean the written authorization for the transportation of radioactive waste issued by the agency in accordance with Sections 45-14-57 et seq.

“Fee” shall mean the amount of money levied against a carrier or shipper for a permit required hereunder.

“Fund” shall mean the special emergency management revolving fund, authorized pursuant to the provisions of Section 33-15-11(b)(12), Mississippi Code of 1972.

“Shipper” shall mean any corporation or person to whom has been issued a license authorizing the possession, use or transfer of radioactive waste by the Mississippi State Board of Health, the U. S. Nuclear Regulatory Commission, any other agreement state or any agency of the federal government exempt from licensing by the U. S. Nuclear Regulatory Commission.

“Person” shall mean any corporation or individual or governmental agency of the United States.

HISTORY: Laws, 1982, ch. 432, § 3, eff from and after passage (approved April 1, 1982).

§ 45-14-57. Permits for transportation.

  1. No person shall transport radioactive waste in Mississippi except in accordance with a permit issued by the Mississippi Emergency Management Agency.
  2. The provisions of this section shall apply to all shippers, carriers and persons transporting radioactive waste in this state and shall cover all transportation into, through, or originating in this state regardless of final destination.
  3. The provisions of this section shall apply to radioactive waste shipped by or for the United States government for military or national security purposes or which are related to the national defense. Nothing contained herein shall be construed as requiring the disclosure of any defense information as defined in the Atomic Energy Act of 1954 and the Energy Reorganization Act of 1974, as amended.

HISTORY: Laws, 1982, ch. 432, § 4, eff from and after passage (approved April 1, 1982).

Federal Aspects—

Atomic Energy Act of 1954, see 42 USCS §§ 2011 et seq.

Energy Reorganization Act of 1974, see 42 USCS §§ 5801 et seq.

§ 45-14-59. Application for permit; liability insurance; save harmless provision.

At least thirty (30) days prior to the date upon which a shipper intends to begin the movement of radioactive waste into or within this state, the shipper shall apply to the agency for an annual permit for such shipments. Before any radioactive wastes may be transported into or within this state, the shipper shall:

Comply fully with all applicable laws and administrative rules and regulations, both state and federal, regarding the packaging and transportation of radioactive wastes.

Provide any information as the agency deems necessary for the protection of the health and safety of the public and the environment.

Provide evidence of liability insurance sufficient to protect the state and the public at large from possible radiological injury or damage to any person or property due to packaging or transportation.

Certify to the agency that it will hold the State of Mississippi harmless for all claims, actions or proceedings in law or equity arising out of radiological injury or damage to persons or property occurring during the transportation of its radioactive waste into or within the state, including all costs of defending the same; provided, however, that nothing contained herein shall be construed as a waiver of the state’s sovereign immunity.

HISTORY: Laws, 1982, ch. 432, § 5, eff from and after passage (approved April 1, 1982).

RESEARCH REFERENCES

ALR.

Carrier’s “public duty” exception to absolute or strict liability arising out of carriage of hazardous substances. 31 A.L.R.4th 658.

§ 45-14-61. Permit fee.

Upon the approval by the agency of an application for a permit to transport radioactive waste, the shipper shall pay a permit fee based on a schedule of fees established by the agency in consultation with the state board of health. The fee shall reflect the relative hazard and potential threat to the public health and safety of the radioactive waste, based upon its volume, radioactivity and toxicity. Upon receipt of such fee the agency shall issue a permit. Such fee shall be deposited into the fund established pursuant to the provisions of Section 33-15-11(b)(12), Mississippi Code of 1972.

HISTORY: Laws, 1982, ch. 432, § 6, eff from and after passage (approved April 1, 1982).

§ 45-14-63. Notice of shipment.

The shipper shall provide to the director of the agency the advance notification of shipment required by and specified in the regulations promulgated by the Mississippi State Board of Health at the time of shipment. The agency will provide notification of shipment to appropriate state and local public safety officials.

HISTORY: Laws, 1982, ch. 432, § 7, eff from and after passage (approved April 1, 1982).

§ 45-14-65. Training program for public safety officials.

The agency, in conjunction with the state board of health, shall develop as soon as practicable a training program for public safety officials which shall include instruction on emergency response to transportation accidents involving radioactive waste.

HISTORY: Laws, 1982, ch. 432, § 8, eff from and after passage (approved April 1, 1982).

§ 45-14-67. Powers and duties of state board of health.

The Mississippi State Board of Health is hereby authorized and directed to promulgate regulations deemed necessary to implement the provisions of Sections 45-14-51 through 45-14-69.

HISTORY: Laws, 1982, ch. 432, § 9, eff from and after passage (approved April 1, 1982).

§ 45-14-69. Penalties.

Any person who willfully violates any provision of Sections 45-14-51 through 45-14-67 or any regulation or order issued hereunder may, upon conviction therefor, be punished by a fine of Five Thousand Dollars ($5,000.00) or by imprisonment for five (5) years, or both.

HISTORY: Laws, 1982, ch. 432, § 10, eff from and after passage (approved April 1, 1982).

Chapter 15. High Voltage Power Lines

§ 45-15-1. Definitions.

The following words and phrases, when used in this chapter, shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this section, except in those instances, if any, where the context clearly indicates a different meaning:

“High voltage” means a voltage in excess of six hundred (600) volts between conductors or from any conductor to ground.

“Overhead lines” mean all bare or insulated electrical conductors installed above the ground.

“Person” means a natural person, firm, copartnership, association, corporation or governmental entity.

“Authorized person” means:

An employee or agent of an electric utility which generates, transmits or delivers electricity.

An employee or agent of a utility which provides and whose work relates to communication services or state, county or municipal agencies which have authorized circuit construction on or near the poles or structures of a utility.

An employee or agent of an industrial plant whose work relates to the electrical system of the industrial plant.

An employee or agent of a cable television or communication services company or an employee of a contractor of a cable television or communication services company if specifically authorized by the owner of the poles to make cable television or communication services attachments.

An employee or agent of a rail transportation company whose work relates to the electrical systems of the rail transportation company.

An employee or agent of a state, county or municipal electric utility or agency which has or whose work relates to overhead electrical lines, circuit construction or conductors on poles or structures of any type.

“Electric utility” means any person engaged in the generation, transmission or distribution of electricity.

“Warning sign” means a weather-resistant sign of not less than seven (7) inches by ten (10) inches reading as follows: “DANGER–UNLAWFUL TO OPERATE THIS EQUIPMENT NEARER THAN 10 FEET TO HIGH VOLTAGE OVERHEAD LINES.”

HISTORY: Codes, 1942, § 7015-11; Laws, 1960, ch. 257, § 1; Laws, 1988, ch. 530, § 1, eff from and after July 1, 1988.

§ 45-15-3. Activities performed in close proximity to high voltage overhead lines; precautions.

Unless the procedures have been followed as provided by Sections 45-15-9 and 45-15-11, Mississippi Code of 1972, to deter contact with high voltage overhead lines:

No person shall, individually or through an agent or employee, perform or require any other person to perform any function or activity upon any land, building, highway or other premises if at any time during the performance of that function or activity the person performing the function or activity could be reasonably expected to move or be placed within ten (10) feet of any high voltage overhead line or if any equipment or part of any tool or material used by the person could be reasonably expected to move or be placed within ten (10) feet of any high voltage overhead line during the performance of any function or activity.

No person shall, individually or through an agent or employee, operate or bring any mechanical equipment or hoisting equipment or any other equipment or part of any tool or material within ten (10) feet of any high voltage overhead line.

The provisions of this section shall not apply to persons lawfully occupying the land where the line is located and engaged in the regular and ordinary functions and activities of farming, ranching or other agricultural pursuits.

HISTORY: Codes, 1942, § 7015-12; Laws, 1960, ch. 257, § 2; Laws, 1988, ch. 530, § 2, eff from and after July 1, 1988.

JUDICIAL DECISIONS

1. In general.

Section 45-15-3 is designed not only to protect workers performing activities in close proximity to high power lines at the time they are performing that activity, but also to protect all other persons from the creation of a dangerous condition as a result of the erection of a building. Monroe County Electric Power Asso. v. Pace, 461 So. 2d 739, 1984 Miss. LEXIS 2055 (Miss. 1984).

The mere fact that one unintentionally, but negligently, violates this section [Code 1942, § 7015-12], by bringing equipment within eight feet of a high voltage overhead electric power line does not mean that he has committed a misdemeanor, and moreover if one violates this statute, this act alone does not insulate the power company against its own negligence in failing to exercise due care in properly constructing its lines and maintaining and inspecting them so as to keep them in a safe condition. White v. Mississippi Power & Light Co., 196 So. 2d 343, 1967 Miss. LEXIS 1483 (Miss. 1967).

The mere taking of the precautions prescribed by statute will not excuse an electric company having reasonable cause to anticipate danger to persons who are in close proximity to its line. Mississippi Power & Light Co. v. Walters, 248 Miss. 206, 158 So. 2d 2, 1963 Miss. LEXIS 392, 1964 Miss. LEXIS 266 (Miss. 1963).

RESEARCH REFERENCES

ALR.

Liability of electric company to one other than employee, arising from its failure to shut off current. 32 A.L.R.2d 244.

Adult’s intentional bodily contact with electrified wire as contributory negligence. 34 A.L.R.2d 98.

Liability for injury or death resulting when pipe or other object is manually brought into contact with electric line. 69 A.L.R.2d 9.

Liability of electric power company for injury or death resulting from contact of crane, derrick or other movable machine with electric line. 69 A.L.R.2d 93.

Liability of owner, occupant, or operator of premises or machinery or equipment for injury or death resulting from contact of crane, derrick or other movable machine with electric line. 69 A.L.R.2d 160.

Liability of power company for injury or death resulting from contact of radio or television antenna with electrical line. 82 A.L.R.3d 113.

Applicability of rule of strict liability to injury from electrical current escaping from powerline. 82 A.L.R.3d 218.

Liability for injury to or death of child from electric wire encountered while climbing tree. 91 A.L.R.3d 616.

Liability for injury or death resulting when object is manually brought into contact with, or close proximity to, electric line. 33 A.L.R.4th 809.

Liability of owner of wires, poles, or structures struck by aircraft for resulting injury or damage. 49 A.L.R.5th 659.

Am. Jur.

9 Am. Jur. Pl & Pr Forms (Rev), Electricity, Gas, and Steam, Forms 71 et seq. (tort liability – electric wires and poles – personal injury).

17 Am. Jur. Proof of Facts 2d 643, Electric Company’s Failure to Exercise Reasonable Care Regarding Downed Transmission Line or Pole.

23 Am. Jur. Proof of Facts 2d 633, Electric Company’s Negligence as to Workers Near Transmission Line.

CJS.

29 C.J.S., Electricity §§ 70 et seq.

§ 45-15-5. Activities performed in close proximity to high voltage overhead lines; employees.

No person shall permit any employee to do any of the things prohibited in Section 45-15-3.

HISTORY: Codes, 1942, § 7015-13; Laws, 1960, ch. 257, § 3; Laws, 1988, ch. 530, § 3, eff from and after July 1, 1988.

JUDICIAL DECISIONS

1. In general.

The mere fact that one unintentionally, but negligently, violates this section [Code 1942, § 7015-13] by bringing equipment within eight feet of a high voltage overhead electric power line does not mean that he has committed a misdemeanor, and moreover, if one violates this statute, this act alone does not insulate the power company against its own negligence in failing to exercise due care in properly constructing its lines and maintaining and inspecting them so as to keep them in a safe condition. White v. Mississippi Power & Light Co., 196 So. 2d 343, 1967 Miss. LEXIS 1483 (Miss. 1967).

RESEARCH REFERENCES

ALR.

Liability for injury or death resulting when object is manually brought into contact with, or close proximity to, electric line. 33 A.L.R.4th 809.

Am. Jur.

23 Am. Jur. Proof of Facts 2d 633, Electric Company’s Negligence as to Workers Near Transmission Line.

CJS.

29 C.J.S., Electricity §§ 70 et seq.

§ 45-15-7. Certain methods not to be employed in obtaining the required ten-foot clearance.

The ten-foot clearance required in Section 45-15-3 shall not be provided by movement of the high voltage overhead line through strain impressed, by attachments, or otherwise.

HISTORY: Codes, 1942, § 7015-14; Laws, 1960, ch. 257, § 4; Laws, 1988, ch. 530, § 4, eff from and after July 1, 1988.

§ 45-15-9. Performance of work in closer proximity to high voltage lines than permitted; notice to utility; arrangements for deterring contact with lines; binding arbitration.

  1. If any person desires to carry on any function, activity, work or operation in closer proximity to any high voltage overhead line than permitted by this chapter, the person responsible for performing the work shall promptly notify the electric utility operating the high voltage overhead line, in writing, on a form to be provided by such electric utility, and shall not perform the work until mutually satisfactory arrangements have been made between such electric utility and the person or business entity responsible for performing the work, to deter contact with the high voltage overhead lines as provided in subsection (2) below, however, this requirement shall not apply to persons lawfully occupying the land where the line is located and engaged in the regular and ordinary functions and activities of farming, ranching or other agricultural pursuits.
  2. The person responsible for performing the work in the vicinity of the high voltage overhead lines shall at no cost, receive a written cost estimate from the utility for providing the necessary safety arrangements. If such person disagrees with the reasonableness of any written cost proposal or believes that the cost proposal calls for more work than is reasonably necessary to protect those working in close proximity to the high voltage overhead lines, the following options are available to such person:
    1. The electric utility shall be directed to commence work under protest; such person shall pay the electric utility for the work in accordance with the cost proposal, but shall be entitled to seek recovery of all or any part of the money paid to the electric utility in binding arbitration as is hereinafter provided; or
    2. Prior to directing the work to be performed, the person responsible for performing the work in the vicinity of high voltage overhead power lines may submit to binding arbitration, as hereinafter provided, to resolve the issues of the reasonableness and necessity of the cost, and the description of the work to be performed by the electric utility under its written cost proposal.
  3. In the event of a disagreement between the electric utility and the person responsible for performing work in the vicinity of the high voltage overhead line regarding the reasonableness or necessity of the price or the work to be performed to deter contact with high voltage overhead lines, the disputes shall be submitted to binding arbitration in accordance with the procedures set forth in Sections 11-15-101 through 11-15-143, Mississippi Code of 1972. The Public Service Commission shall serve as arbitrator for the purposes of this chapter. The demand for arbitration shall be specifically enforceable in any court of law or equity. The decision of the arbitrators as to the reasonableness or necessity of the cost or the work to be performed shall be final and binding upon the parties.
  4. The electric utility shall commence arrangements as provided herein within five (5) working days of the mutual agreement, notice to proceed under protest, or the decision of the arbitrators. Once initiated, the clearance work will continue without unreasonable interruption to completion. Should the electric utility fail to provide for temporary clearances or safety measures in a timely manner as required by this chapter, the electric utility shall be liable for costs or loss of production of the person requesting assistance to work in close proximity to high voltage overhead lines. In locations where identity of the electric utility operating the high voltage overhead lines is not easily known, the Mississippi Public Service Commission shall, upon request, provide the name, address and telephone number of such utility for notification purposes.

HISTORY: Codes, 1942, § 7015-15; Laws, 1960, ch. 257, § 5; Laws, 1988, ch. 530, § 5, eff from and after July 1, 1988.

Cross References —

Prohibition of certain activities in close proximity to high voltage overhead lines unless the procedures of this section have been followed, see §45-15-3.

RESEARCH REFERENCES

ALR.

Liability of electric power company for injury or death resulting from contact of crane, derrick or other movable machine with electric line. 69 A.L.R.2d 93.

Liability of owner, occupant or operator of premises or machinery or equipment for injury or death resulting from contact of crane, derrick or other movable machine with electric line. 69 A.L.R.2d 160.

Liability of power company for injury or death resulting from contact of radio or television antenna with electrical line. 82 A.L.R.3d 113.

Applicability of rule of strict liability to injury from electrical current escaping from powerline. 82 A.L.R.3d 218.

Am. Jur.

9 Am. Jur. Pl & Pr Forms (Rev), Electricity, Gas, and Steam, Forms 71 et seq. (tort liability – electric wires and poles – personal injury).

17 Am. Jur. Proof of Facts 2d 643, Electric Company’s Failure to Exercise Reasonable Care Regarding Downed Transmission Line or Pole.

CJS.

29 C.J.S., Electricity §§ 70 et seq.

§ 45-15-11. Safety requirements and procedures required to operate crane, derrick, hoisting equipment, or similar apparatus which can be brought within ten feet of lines.

No person shall operate any crane, derrick, power shovel, drilling rig, pile driver, hoisting equipment, or similar apparatus, or any part thereof, which could be brought within ten (10) feet of any high voltage overhead line, unless:

There is posted and maintained a warning sign, as herein defined, clearly legible and placed as follows:

Within the equipment readily visible to the operator of such equipment when at the controls of such equipment; and

On the outside of the equipment in such number and location as to be readily visible to mechanics or other persons engaged in the work operations;

There is installed an insulated cage-type guard or protective device about the boom or arm of all equipment, except backhoes or dippers and, where the equipment includes a lifting hook device, all lifting lines are equipped with insulator links on the lift hook connection; and

A person is designated to observe clearance of the equipment from any nearby high voltage overhead lines and to give timely warning for all operations where it is difficult by visual means for the operator to determine and to maintain the required clearance.

HISTORY: Codes, 1942, § 7015-16; Laws, 1960, ch. 257, § 6; Laws, 1988, ch. 530, § 6, eff from and after July 1, 1988.

Cross References —

Prohibition of certain activities in close proximity to high voltage overhead lines unless the procedures of this section have been followed, see §45-15-3.

Employment of certain methods to obtain requisite 10-foot clearance prohibited, see §45-15-7.

JUDICIAL DECISIONS

1. In general.

The mere fact that one unintentionally, but negligently, violates this section [Code 1942, § 7015-16] by bringing equipment within eight feet of a high voltage overhead electric power line does not mean that he has committed a misdemeanor, and moreover, if one violates this statute [Code 1942, § 7015-16], this act alone does not insulate the power company against its own negligence in failing to exercise due care in properly constructing its lines and maintaining and inspecting them so as to keep them in a safe condition. White v. Mississippi Power & Light Co., 196 So. 2d 343, 1967 Miss. LEXIS 1483 (Miss. 1967).

§ 45-15-13. Violation of chapter; application of chapter.

  1. Any person who knowingly violates this chapter may be subject to a civil penalty in an amount not to exceed Five Thousand Dollars ($5,000.00) to be imposed by a court of competent jurisdiction against said person and such penalty shall be deposited in the General Fund.
  2. There is hereby created a right of action on behalf of any electric utility which is required to pay any sum for injury or death of any person resulting from contact with a high voltage overhead line against any person whose negligence is a proximate contributing cause of such injury or death for that portion of any non-agreed judgment for damages rendered against and paid by the electric utility and attributable to the negligence of such person, however, the electric utility may not recover any portion of such sum which is attributable to its own negligence. The right of action created hereby shall not be available against persons who comply with the provisions of this chapter, and violations of this chapter shall not be considered negligence per se but may be considered as evidence of negligence.
  3. Nothing contained in this chapter shall be construed to alter, amend, restrict or limit the liability of persons as defined herein for violation of his duty under current law to use a high degree of care in the construction, maintenance and supply of electricity; nor shall any person be relieved from liability as a result of violations of standards under existing law regarding the construction, maintenance and supply of electricity, where such failure to use a high degree of care or violations of existing standards are found to be a cause of damage to property, personal injury or death.
  4. Other than an electric utility filing a claim under this chapter, nothing contained herein shall be construed to alter, amend or expand in any way the provisions of Section 71-3-9, Mississippi Code of 1972, as to an employee, his legal representative, husband or wife, parents, dependents, next of kin or anyone otherwise entitled to recover damages at common law or otherwise from such employer on account of such injury or death.
  5. Nothing contained herein shall be considered as a waiver of immunity in whole or in part as to any governmental entity or construed to alter, amend, restrict or limit in any way the protections provided in Sections 11-46-1 et seq., Mississippi Code of 1972.
  6. The provisions contained in this chapter do not apply to construction, reconstruction, operation or maintenance by an authorized person of overhead electrical or communication circuits or conductors and their supporting structures or electrical generating, transmission or distribution systems or communication systems.

HISTORY: Codes, 1942, § 7015-17; Laws, 1960, ch. 257, § 7; Laws, 1988, ch. 530, § 7, eff from and after July 1, 1988.

JUDICIAL DECISIONS

1. Liability — Apportionement of fault.

Even though an employer of a decedent was immune from suit, it was proper to allocate a portion of fault to the employer in an action against an electric company for wrongful death by electrocution from the company’s power lines. Ware v. Entergy Miss., Inc., 887 So. 2d 763, 2003 Miss. LEXIS 876 (Miss. 2003).

RESEARCH REFERENCES

CJS.

29 C.J.S., Electricity §§ 70 et seq.

§ 45-15-15. Severability clause.

Each section of this chapter, and every part of each section, is hereby declared to be independent, and any court holding that any section or part thereof as void, ineffective or unconstitutional for any cause, shall not affect the other sections or parts thereof, and it is now declared that the other sections or parts of sections would have been enacted regardless of any section or parts of sections which might be held unconstitutional, inoperative or ineffective.

HISTORY: Laws, 1988, ch. 530, § 8, eff from and after July 1, 1988.

Chapter 17. Civil Emergencies

§ 45-17-1. Imposition of curfews during civil emergencies; definitions.

“Civil emergency” is defined as:

  1. A riot or unlawful assembly characterized by any use of force or violence disturbing the public peace, or any threat to use such force and violence, if accompanied by immediate power of execution, by two (2) or more persons acting together and without authority of law.
  2. Any natural disaster or man-made calamity, including but not limited to flood, conflagration, cyclone, tornado, earthquake or explosion within the geographic limits of a municipality resulting in the death or injury of persons, or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare.
  3. The destruction of property, or the death or injury of persons brought about by the deliberate acts of one (1) or more persons acting either alone or in concert with others when such acts are a threat to the peace of the general public or any segment thereof.

“Curfew” is hereby defined as a prohibition against any person or persons walking, running, loitering, standing, sitting, lying or motoring upon any alley, street, public property or vacant premises within the corporate limits of the municipality except persons officially designated to duty with reference to said civil emergency or those lawfully on the streets as defined hereinafter.

“Chief administrative officer” is defined to be the mayor of any municipality. Any municipality, however, may by ordinance specially designate any official as chief administrative officer for purposes of this chapter.

HISTORY: Codes, 1942, § 8610-51; Laws, 1968, ch. 554, § 1, eff from and after passage (approved July 23, 1968).

Cross References —

Mississippi Emergency Management Law, see §§33-15-1 et seq.

Emergency Management Assistance Compact, see §§45-18-1 et seq.

RESEARCH REFERENCES

ALR.

Validity and construction of curfew statute, ordinance, or proclamation. 59 A.L.R.3d 321.

Validity, construction, and application of loitering statutes and ordinances. 72 A.L.R.5th 1.

§ 45-17-3. Proclamation of emergency.

When, in the judgment of the chief administrative officer of a municipality a civil emergency as defined herein is determined to exist, he shall forthwith proclaim in writing the existence of same, a copy of which proclamation will be filed with the clerk of the municipality.

HISTORY: Codes, 1942, § 8610-52; Laws, 1968, ch. 554, § 2, eff from and after passage (approved July 23, 1968).

Cross References —

Mississippi Emergency Management Law, see §§33-15-1 et seq.

§ 45-17-5. Curfew order to state times and places applicable; maximum duration.

After proclamation of a civil emergency by the chief administrative officer, he may order a general curfew applicable to such geographical areas of the municipality or to the municipality as a whole as he deems advisable, and applicable during such hours of the day or night as he deems necessary in the interest of the public safety and welfare. Said proclamation and general curfew shall have the force and effect of law and shall continue in effect until rescinded in writing by the chief administrative officer, but not to exceed five (5) days.

HISTORY: Codes, 1942, § 8610-53; Laws, 1968, ch. 554, § 3, eff from and after passage (approved July 23, 1968).

Cross References —

Mississippi Emergency Management Law, see §§33-15-1 et seq.

RESEARCH REFERENCES

ALR.

Validity and construction of curfew statute, ordinance, or proclamation. 59 A.L.R.3d 321.

Am. Jur.

53A Am. Jur. 2d, Mobs and Riots § 2.

CJS.

77 C.J.S., Riot

Insurrection §§ 30, 33 et seq.

§ 45-17-7. Acts and activities which may be prohibited during emergency.

After proclamation of a civil emergency, the chief administrative officer may at his discretion, in the interest of public safety and welfare:

Order the closing of all retail liquor stores.

Order the discontinuance of the sale of intoxicating liquor and/or beer.

Order the discontinuance of the manufacture, transfer, use, possession or transportation of a Molotov cocktail or any other device, instrument or object designed to explode or produce uncontained combustion.

Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever.

Issue such other orders as are necessary for the protection of life and property.

HISTORY: Codes, 1942, § 8610-54; Laws, 1968, ch. 554, § 4, eff from and after passage (approved July 23, 1968).

Cross References —

Mississippi Emergency Management Law, see §§33-15-1 et seq.

RESEARCH REFERENCES

Am. Jur.

53A Am. Jur. 2d, Mobs and Riots §§ 1 et seq.

CJS.

77 C.J.S., Riots

Insurrection §§ 30, 33 et seq.

§ 45-17-9. Violations of orders may be declared misdemeanors; penalties.

Municipalities may provide by ordinance that any person violating the provisions of orders issued by the chief administrative officer pursuant to this authorization during a proclaimed civil emergency be guilty of a misdemeanor and be punished by a fine not exceeding Three Hundred Dollars ($300.00) or six (6) months imprisonment, or both such fine and imprisonment.

HISTORY: Codes, 1942, § 8610-55; Laws, 1968, ch. 554, § 5, eff from and after passage (approved July 23, 1968).

Cross References —

Mississippi Emergency Management Law, see §§33-15-1 et seq.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 45-17-11. Persons to whom curfew does not apply.

Any curfew as defined hereby shall not apply to persons lawfully on the streets and public places during a civil emergency who have obtained written permission of the local chief of police or other law enforcement officer then in charge of municipal law enforcement, which permission shall be granted on good cause shown. This curfew shall not apply to medical personnel in the performance of their duties.

HISTORY: Codes, 1942, § 8610-56; Laws, 1968, ch. 554, § 6, eff from and after passage (approved July 23, 1968).

Cross References —

Mississippi Emergency Management Law, see §§33-15-1 et seq.

§ 45-17-13. Repealed.

Repealed by Laws, 1980, ch. 491, § 37, eff from and after May 9, 1980.

[Laws, 1971, ch. 411, § 1]

Editor’s Notes —

Former §45-17-13 authorized the use of public equipment and personnel on private property affected by a natural disaster.

Chapter 18. Emergency Management Assistance Compact

§ 45-18-1. Citation.

Section 45-18-3 may be cited as the Emergency Management Assistance Compact.

HISTORY: Laws, 1995, ch. 625, § 1; Laws, 2000, ch. 413, § 6, eff from and after passage (approved Apr. 17, 2000.).

Cross References —

Mississippi Emergency Management Law, see §§33-15-1 et seq.

Civil emergencies generally, see §§45-17-1 et seq.

§ 45-18-3. Authorization of execution of compact; terms of compact.

The Legislature of the State of Mississippi hereby authorizes the Governor of the State of Mississippi to enter into a compact on behalf of the State of Mississippi with any other state legally joining therein, in the form substantially as follows:

EMERGENCY MANAGEMENT ASSISTANCE COMPACT

ARTICLE I — PURPOSE AND AUTHORITIES

This compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purposes of this agreement, the term “states” is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all United States territorial possessions.

The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the Governor of the affected state(s), whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack.

This compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states’ National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states.

ARTICLE II — GENERAL IMPLEMENTATION

Each party state entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.

The prompt, full and effective utilization of resources of the participating states, including any resources on hand or available from the federal government or any other source, that are essential for the safety, care and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood.

On behalf of the Governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.

ARTICLE III — PARTY STATE RESPONSIBILITIES

A. It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and in carrying them out, the party states, insofar as practical, shall:

i. Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency, or enemy attack.

ii. Review party states’ individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency.

iii. Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans.

iv. Assist in warning communities adjacent to or crossing the state boundaries.

v. Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services and resources, both human and material.

vi. Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness.

vii. Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities.

B. The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this agreement shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within thirty (30) days of the verbal request. Requests shall provide the following information:

i. A description of the emergency service function for which assistance is needed, such as, but not limited to, fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue.

ii. The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed.

iii. The specific place and time for staging of the assisting party’s response and a point of contact at that location.

C. There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States Government, with free exchange of information, plans and resource records relating to emergency capabilities.

ARTICLE IV — LIMITATIONS

Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the Governor of the party state that is to receive assistance or commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect or loaned resources remain in the receiving state(s), whichever is longer.

ARTICLE V — LICENSES AND PERMITS

Whenever any person holds a license, certificate or other permit issued by any party state to the compact evidencing the meeting of qualifications for professional, mechanical or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the Governor of the requesting state may prescribe by executive order or otherwise.

ARTICLE VI — LIABILITY

Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes; and no party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include willful misconduct, gross negligence or recklessness.

ARTICLE VII — SUPPLEMENTARY AGREEMENTS

Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two (2) or more states may differ from that among the states that are party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel and equipment and supplies.

ARTICLE VIII — COMPENSATION

Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.

ARTICLE IX — REIMBURSEMENT

Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests; provided, that any aiding party state may assume in whole or in part such loss, damage, expense or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further, that any two (2) or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII expenses shall not be reimbursable under this provision.

ARTICLE X — EVACUATION

Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees.

ARTICLE XI — IMPLEMENTATION

A. This compact shall become operative immediately upon its enactment into law by any two (2) states; thereafter, this compact shall become effective as to any other state upon its enactment by such state.

B. Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until thirty (30) days after the Governor of the withdrawing state has given notice in writing of such withdrawal to the Governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal.

C. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropriate agencies of the United States government.

ARTICLE XII — VALIDITY

This compact shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected thereby.

ARTICLE XIII — ADDITIONAL PROVISIONS

Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under Section 1385 of Title 18, United States Code.

HISTORY: Laws, 1995, ch. 625, § 2; Laws, 2000, ch. 413, § 7, eff from and after passage (approved Apr. 17, 2000.).

Comparable Laws from other States —

Alabama: Code of Ala. §31-9-40.

Alaska: Alaska Stat. § 26.23.136.

Arizona: A.R.S. § 26-402.

Arkansas: A.C.A. §12-49-402.

California: Cal Gov Code § 179.5.

Colorado: C.R.S. 24-60-2902.

Connecticut: Conn. Gen. Stat. § 28-23a.

Delaware: 20 Del. C. § 3401.

District of Columbia: D.C. Code § 7-2332.

Florida: Fla. Stat. §§ 252.921 — 252.933.

Georgia: O.C.G.A. §38-3-81.

Hawaii: HRS § 128F-2.

Idaho: Idaho Code § 46-1018A.

Illinois: 45 ILCS 15 1/5.

Indiana: Burns Ind. Code Ann. §10-14-5-1 et seq.

Iowa: Iowa Code § 29C.21.

Kansas: K.S.A. § 48-9a01.

Kentucky: KRS § 39A.950.

Maine: 37-B M.R.S. §§ 921 — 933.

Maryland: Md. PUBLIC SAFETY Code Ann. § 14-702.

Massachusetts: Mass. Ann. Laws Spec. Laws ch. S140, § 1.

Michigan: MCL § 3.1001.

Minnesota: Minn. Stat. § 192.89.

Montana: Mont. Code Anno., §10-3-1001.

Nevada: Nev. Rev. Stat. Ann. § 415.010.

New Hampshire: RSA 108:3.

New Jersey: N.J. Stat. § 38A:20-5.

New Mexico: N.M. Stat. Ann. §12-10-15.

New York: NY CLS Exec § 29-g.

North Carolina: N.C. Gen. Stat. §§ 166A-40 — 166A-53.

Ohio: ORC Ann. 5502.40.

Oklahoma: 63 Okl. St. §§ 684.1 — 684.13.

Oregon: ORS § 401.043.

Pennsylvania: 35 Pa.C.S. § 7601.

Puerto Rico: 1 L.P.R.A. §§ 621 — 633.

Rhode Island: R.I. Gen. Laws §§ 30-15.9-1 — 30-15.9-14.

South Carolina: S.C. Code Ann. §25-9-420.

South Dakota: S.D. Codified Laws §33-15-48.

Tennessee: Tenn. Code Ann. §58-2-403.

Texas: Tex. Health & Safety Code § 778.001.

Utah: Utah Code Ann. §53-2-202.

Vermont: 20 V.S.A. §§ 101 — 112.

Vermont: 20 V.S.A. §§ 101 — 112.

Virginia: Va. Code Ann. § 44-146.28:1

West Virginia: W. Va. Code §15-5-22.

Wisconsin: Wis. Stat. § 166.30.

Wyoming: Wyo. Stat. §19-13-401 et seq

Federal Aspects—

Posse Comitatus Act, see 18 USCS § 1385.

Chapter 19. Subversive Groups and Subversive Activities

§§ 45-19-51 through 45-19-65. Repealed.

Repealed by Laws of 2017, ch. 402, § 16, effective July 1, 2017.

§§45-19-51 through45-19-65. [Codes, 1942, §§ 4194-01 to 4194-08; Laws, 1958, ch. 484, § 1 through 8, eff from and after passage (approved May 8, 1958).]

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in a statutory reference in the repealer for Sections 45-19-51 through 45-19-65, Section 16 of Chapter 402, Laws of 2017, by substituting “SECTION 16. Sections . . . 45-19-57 . . . are hereby repealed” for “SECTION 16. Sections . . . 45-19-7 . . . are hereby repealed.” The Joint Committee ratified the correction at the August 15, 2017, meeting of the Committee.

Editor’s Notes —

Former §45-19-51 related to the powers of the Secretary of State as to subversive groups.

Former §45-19-53 required officers, directors or members of organizations described in former §45-19-51 to file list of all members and officers of the organization.

Former §45-19-55 prohibited individuals from holding or attending meetings of organizations described in §45-19-51 unless the list required by §45-19-53 had been filed with the Secretary of State.

Former §45-19-57 directed district attorneys to prosecute violations of the chapter.

Former §45-19-59 directed the Attorney General to proceed to dissolve subversive groups.

Former §45-19-61 made the chapter inapplicable to churches and national guard organizations.

Former §45-19-63 defined who was to be deemed a member of a subversive group.

Former §45-19-65 provided that membership lists were to be kept as part of the permanent public records of the Secretary of State’s office.

Chapter 21. Rock Festivals

§ 45-21-1. Rock festival defined.

For the purposes of this chapter, the terms “rock festival” and “such event” mean, unless the context clearly indicates a different meaning, an actual, or a reasonably foreseeable, assembly of one thousand (1,000) or more people which does or did continue, or can reasonably be expected to continue, for a period of eighteen (18) or more consecutive hours upon private property which does not contain an established place of worship and at which the principal source of entertainment is, was or will be musical in nature.

HISTORY: Codes, 1942, § 7015-51; Laws, 1971, ch. 414, § 1, eff from and after passage (approved March 23, 1971).

§ 45-21-3. Permit to be obtained from sheriff.

Any individual, organization, corporation or other entity desiring to hold a rock festival in this state shall obtain, at least ten (10) or more days prior to the date upon which such event shall commence or be held, a written permit from the sheriff of the county in which such event is sought to be held. No rock festival shall be held in this state without a valid permit from the sheriff of such county.

HISTORY: Codes, 1942, § 7015-52; Laws, 1971, ch. 414, § 2, eff from and after passage (approved March 23, 1971).

§ 45-21-5. Permit to be obtained from sheriff; conditions of issuance.

The sheriff of such county shall issue such written permit upon presentation by the applicant of the following:

A cash bond in the amount of Ten Thousand Dollars ($10,000.00) conditioned to provide security that the applicant shall assume financial responsibility for any damages to public or privately owned real or personal property, for any fine assessed for the failure to comply with the specifications and plans presented to and certified by the state board of health and with any pertinent regulations of the state board of health about which the applicant had written notice prior to certification, and for the costs of any additional law enforcement personnel or equipment reasonably expended by any political subdivision of this state, if any of these occur as a direct result of such event;

A written certification by the state board of health that the written specifications and plans, proposed by the applicant, for the establishment of health and safety precautions and facilities in connection with such event for the purpose of assuring that the public health and safety will not be endangered; and

Written proof of the payment of the state amusement tax as provided in Section 27-11-5, Mississippi Code of 1972.

HISTORY: Codes, 1942, § 7015-53; Laws, 1971, ch. 414, § 3, eff from and after passage (approved March 23, 1971).

Editor’s Notes —

Section 27-11-5, referred to in (c), was repealed by Laws of 1989, ch. 479, § 2, effective from and after July 1, 1989.

Cross References —

Surety bond in addition to cash bond required by this section, see §45-21-9.

Disposition of cash bond, see §45-21-21.

§ 45-21-7. Amenability to lawsuit.

Any individual, organization, corporation or other entity applying for a permit to hold a rock festival in this state shall be deemed to be doing business in this state. If such applicant is a nonresident of this state, the applying for such permit shall be deemed equivalent to the appointment by such nonresident of the Secretary of State of the State of Mississippi, or his successor or successors in office, to be the true and lawful attorney or agent of such nonresident upon whom all lawful process may be served in any action or proceeding accrued or accruing from such event. Such applicant is thereby further deemed to be subject to the laws of this state, the jurisdiction of the courts of this state and the fines, damages, penalties or other rulings and decrees of such courts regardless of whether the proceeds of the cash bond have been depleted.

HISTORY: Codes, 1942, § 7015-54; Laws, 1971, ch. 414, § 4, eff from and after passage (approved March 23, 1971).

§ 45-21-9. Sheriff to obtain additional surety bond.

Upon the posting by such applicant of the cash bond pursuant to Section 45-21-5, the sheriff of such county shall secure a surety bond in the amount of Ten Thousand Dollars ($10,000.00). Such surety bond shall be in addition to the official bond of such sheriff. The premium for such surety bond shall be paid by the applicant.

HISTORY: Codes, 1942, § 7015-55; Laws, 1971, ch. 414, § 5, eff from and after passage (approved March 23, 1971).

§ 45-21-11. Health and safety regulations; approval of state board of health.

  1. The state board of health is hereby directed to establish for rock festivals health and safety regulations which shall assure that the public health and safety is not endangered hereby and which shall provide for the furnishing of adequate undertakings to secure full compliance with the sanitary code and other applicable law, adequate and satisfactory water supply and sewerage facilities, adequate drainage, adequate toilet and lavatory facilities, adequate refuse storage and disposal facilities, adequate sleeping areas and facilities, wholesome food and sanitary food service, adequate medical facilities, insect and noxious weed control, adequate fire protection and such other matters as may be appropriate for security of life or health.
  2. The state board of health is hereby authorized and empowered to approve and certify in writing the written specifications and plans proposed by any individual, organization, corporation or other entity desiring to hold a rock festival in this state. Such specifications and plans shall be submitted to the state board of health at least eighteen (18) days prior to the commencement of such event and shall conform to the health and safety regulations promulgated pursuant to this section. The state board of health shall grant such certification or deny such certification, with reasons for such denial, within eight (8) days of the submission of such specifications and plans. Such specifications and plans may be altered, with the approval of the state board of health, to conform with the health and safety regulations promulgated pursuant to this section.
  3. In the review of the specifications and plans proposed by any individual, organization, corporation or other entity desiring to hold a rock festival in this state, the state board of health may require such specific written specifications, plans and reports as are necessary for reasonable and proper review and determination in the light of the various factors therein involved, including but not limited to the probable number of people that will be in attendance at such event.
  4. The state board of health shall specify in the certification the number of tickets which may be sold or distributed within seventy-two (72) hours of the commencement of such event.
  5. Such specifications and plans may contain reasonable alternative requirements based upon different numbers of tickets having been sold and distributed.

HISTORY: Codes, 1942, § 7015-56; Laws, 1971, ch. 414, § 6, eff from and after passage (approved March 23, 1971).

§ 45-21-13. Restriction as to sale of tickets.

In order that the state board of health may establish criteria for implementing the pertinent health and safety regulations and that certification may be granted with a sufficient degree of certainty as to the probable number of people that will be in attendance at such event, no tickets of admission thereto shall be distributed or sold seventy-two (72) hours prior to the commencement of such event; provided, however, that tickets of admission may be distributed or sold within such seventy-two-hour period as specifically established by the state board of health in the certification or as approved, in writing, by the local board of health, if such additional sale or distribution of tickets can be permitted within the pertinent health and safety regulations promulgated pursuant to Section 45-21-11.

HISTORY: Codes, 1942, § 7015-57; Laws, 1971, ch. 414, § 7, eff from and after passage (approved March 23, 1971).

§ 45-21-15. Inspection of site; notification of noncompliance.

The county board of health of the county in which such event is to be held shall inspect, within seventy-two (72) and at a time no later than forty-eight (48) hours before the commencement of such event, the location or site of such event to determine whether the holder of the permit has complied with the specifications and plans certified by the state board of health. After notifying the holder of such permit of the specific items with which substantial compliance does not exist and if the holder of such permit fails to comply within twenty-four (24) hours with those items specified in the inspection as not in substantial compliance with the specifications and plans certified by the state board of health, such county board of health shall notify the sheriff of such county of the lack of substantial compliance.

HISTORY: Codes, 1942, § 7015-58; Laws, 1971, ch. 414, § 8, eff from and after passage (approved March 23, 1971).

Cross References —

County department of health, see §41-3-43.

§ 45-21-17. Revocation of permit.

Upon notification by the county board of health that the holder of a permit for such event has not substantially complied, within twenty-four (24) hours of the commencement of such event with the specifications and plans certified by the state board of health or any pertinent regulation of the state board of health about which the holder of the permit had written notice prior to such certification, the sheriff of such county shall thereupon revoke such permit.

HISTORY: Codes, 1942, § 7015-59; Laws, 1971, ch. 414, § 9, eff from and after passage (approved March 23, 1971).

Cross References —

County department of health, see §41-3-43.

§ 45-21-19. Penalties.

  1. Any individual, organization, corporation or other entity, holding or sponsoring a rock festival in this state without having obtained a written permit for such event from the sheriff of the county in which such event is held, shall be subject to a fine of no more than Twenty Thousand Dollars ($20,000.00). This subsection shall not apply to a holder of a permit which has been revoked by the sheriff upon notification by the county board of health of such county of the lack of substantial compliance with the specifications and plans certified by the state board of health.
  2. Any individual, organization, corporation or other entity, holding or sponsoring a rock festival in this state with a permit which has been revoked by the sheriff upon notification by the county board of health of such county of the lack of compliance with the specifications and plans certified by the state board of health, shall be subject to a fine of no more than Ten Thousand Dollars ($10,000.00).
  3. In addition to the penalties authorized in subsections (1) and (2) of this section, any individual, organization, corporation or entity holding or sponsoring a rock festival in this state in violation of the certification of the state board of health or any pertinent regulation of the state board of health about which the applicant had written notice prior to such certification, shall be subject to a fine of not more than One Thousand Dollars ($1,000.00) for each violation thereof.

HISTORY: Codes, 1942, § 7015-60; Laws, 1971, ch. 414, § 10, eff from and after passage (approved March 23, 1971).

§ 45-21-21. Recovery or other disposition of bond.

  1. If no court action or proceeding has been instituted against the holder of such permit to recover property damage incurred as a direct result of such event, if no fine assessed against the holder of such permit for failure to substantially comply with the specifications and plans certified by the state board of health or any pertinent regulation of the state board of health about which the holder of the permit had written notice prior to such certification remains unpaid and if no additional law enforcement expense remains unpaid, then sixty (60) days after the conclusion of such event the sheriff shall return the full amount of the cash bond to the party posting it thereof.
  2. If a court action or proceeding has been instituted against the holder of such permit, then the sheriff shall place such cash bond with such court where such action or proceeding has been instituted to be placed in escrow. If no such court action or proceeding has been instituted but a fine assessed against the holder of such permit for failure to comply with the health and safety regulations remains unpaid, or if any additional law enforcement expense remains unpaid, then the sheriff shall reimburse the political subdivision reasonably incurring such legitimate additional law enforcement expenses, the sheriff shall forward to the court assessing such fine portions of the cash bond to meet such obligations and the sheriff shall forward the remainder of such cash bond returned to the party posting. If the cash bond is insufficient to meet such obligations, then the cash bond shall be apportioned equally among such court and such political subdivision.

HISTORY: Codes, 1942, § 7015-61; Laws, 1971, ch. 414, § 11, eff from and after passage (approved March 23, 1971).

Chapter 23. Boiler and Pressure Vessel Safety

§ 45-23-1. Title.

This chapter shall be cited as the “Mississippi Boiler and Pressure Vessel Safety Law of 1974.”

HISTORY: Laws, 1974, ch. 500 § 1, eff from and after passage (approved April 2, 1974).

Editor’s Notes —

Laws of 1974, ch. 500, § 21, effective from and after passage (approved April 2, 1974), provides as follows:

“SECTION 21. Section 71-1-51, Mississippi Code of 1972, which provides for inspection of steam boilers is hereby repealed. All other acts and parts of acts inconsistent with any provision of this act are hereby repealed to the extent of such inconsistency. The effective date of such repeal shall be the date on which the rules and regulations pursuant to this act first becomes effective.”

RESEARCH REFERENCES

ALR.

Boiler and machinery insurance: risks and losses covered. 8 A.L.R.2d 403.

Am. Jur.

42 Am. Jur. 2d, Inspection Laws §§ 7 et seq.

61 Am. Jur. 2d, Plant and Job Safety-OSHA and State Laws §§ 1 et seq.

13 Am. Jur. Trials 343, Boiler Explosion Cases.

CJS.

39A C.J.S., Health and Environment § 5.

§ 45-23-3. Application.

This chapter, except as otherwise herein provided, shall apply to all boilers and pressure vessels operating or intended for operation in the State of Mississippi or its territories.

HISTORY: Laws, 1974, ch. 500, § 2, eff from and after passage (approved April 2, 1974).

§ 45-23-5. Definitions.

The words, terms and phrases when used in this chapter shall have the meanings ascribed to them herein unless the context requires otherwise:

  1. “Boiler” shall mean a closed vessel in which water is heated, steam or high temperature liquid is generated, steam is superheated, or in which any combination of these functions is accomplished, under pressure or vacuum, for use externally to itself by the direct application of energy from the combustion of fuels, or from other high temperature fluids, or from electricity or nuclear energy. The term “boiler” shall include fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves.
    1. “Power boiler” shall mean a boiler in which steam or other vapor is generated at a pressure of more than fifteen (15) pounds per square inch gauge (hereinafter referred to as psig).
    2. “High pressure, high temperature water boiler” shall mean a water boiler operating at pressures exceeding one hundred sixty (160) psig, or temperatures exceeding two hundred fifty (250) degrees Fahrenheit.
    3. “Heating boiler” shall mean a steam or vapor boiler operating at pressures not exceeding fifteen (15) psig, or a hot water boiler operating at pressures not exceeding one hundred sixty (160) psig, or temperatures not exceeding two hundred fifty (250) degrees Fahrenheit.
  2. “Pressure vessel” shall mean a vessel in which the pressure is obtained from an external source or by the application of heat from an indirect source or from a direct source other than those vessels defined in paragraph (1) of this section.
  3. “Certificate inspection” shall mean an inspection, the report of which is used by the chief inspector to decide whether or not a certificate as provided by Sections 45-23-41 through 45-23-49 may be issued. This certificate inspection shall be an internal inspection when construction permits; otherwise it shall be as complete an inspection as possible.

HISTORY: Laws, 1974, ch. 500, § 2, eff from and after passage (approved April 2, 1974).

§ 45-23-7. Repealed.

Repealed by Laws of 2017, ch. 402, § 9, effective July 1, 2017.

§45-23-7. [Laws, 1974, ch. 500, § 3; Laws, 1983, ch. 522, § 43, eff from and after July 1, 1983.]

Editor’s Notes —

Former §45-23-7 established a Technical Advisory Committee of Boiler and Pressure Vessel Safety.

§ 45-23-9. Rules and regulations.

  1. The State Board of Health (hereinafter board) shall adopt definitions, rules and regulations for the safe construction, installation, inspection, care and good practice in the operation, maintenance and repair of boilers and pressure vessels.
    1. The definitions, rules and regulations so formulated for new construction shall be based upon and at all times follow the generally accepted nationwide engineering standards, formulae and practices established and pertaining to boiler and pressure vessel construction and safety, and the board shall at its first meeting adopt an existing published codification thereof known as the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers (hereinafter ASME), with the amendments, code cases and interpretations thereto made and approved by ASME, and may likewise adopt the amendments and interpretations subsequently made and published by the same authority; and when so adopted, the same shall be deemed incorporated into and to constitute a part of the whole of the definitions, rules and regulations of the committee. Amendments, code cases and interpretations to the code so adopted shall be effective immediately upon being promulgated, to the end that the definitions, rules and regulations shall at all times follow the generally accepted nationwide engineering standards.
    2. The board shall adopt rules and regulations for the inspection, care and good practice in operation, maintenance and repair of boilers and pressure vessels which were in use in this state prior to the date upon which the first rules and regulations under this chapter pertaining to existing installations become effective, or during the twelve-month period immediately thereafter. The rules and regulations so formulated and recommended shall be based upon and at all times follow the generally accepted nationwide engineering standards.
  2. The rules and regulations and any subsequent amendments thereto adopted by the board shall, immediately following a hearing upon not less than thirty (30) day’s notice as hereinafter provided, be approved and published and when so promulgated shall have the force and effect of law, except that the rules applying to the construction of new boilers and pressure vessels shall not become mandatory until twelve (12) months after their promulgation by the board. Subsequent amendments to the rules and regulations adopted by the board shall be permissive immediately and shall become mandatory twelve (12) months after their promulgation.
  3. Notice of the hearing shall give the time and place of the hearing and shall state the matters to be considered. Such notice shall be given to all persons directly affected by such hearing. In the event all persons directly affected are unknown, notice shall be perfected by publication in a newspaper of general circulation in the Northern, Central and Southern Supreme Court Districts of this state at least thirty (30) days prior to such hearing.

HISTORY: Laws, 1974, ch. 500, § 4; Laws, 2017, ch. 404, § 4, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment, throughout the section, substituted “State Board of Health” and “board” for “advisory committee,” and substituted “adopt” for “recommend the adoption of” and “recommend”; and substituted “during the twelve-month period” for “during the twelve (12) month period” in the next-to-last sentence of (1)(b).

§ 45-23-11. Prohibition against nonconforming installation or operation; special permit.

No boiler or pressure vessel which does not conform to the rules and regulations of the board governing new construction and installation shall be installed and operated in this state after twelve (12) months from the date upon which the first rules and regulations under this chapter pertaining to new construction and installation shall have become effective, unless the boiler or pressure vessel is of special design or construction and is not inconsistent with the spirit and safety objectives of such rules and regulations, in which case a special installation and operating permit may, at its discretion, be granted by the board.

HISTORY: Laws, 1974, ch. 500, § 5, eff from and after passage (approved April 2, 1974).

§ 45-23-13. Maximum allowable pressure.

  1. The maximum allowable pressure of a boiler carrying the ASME code symbol or of a pressure vessel carrying the ASME or API-ASME code symbol shall be determined by the applicable sections of the code under which it was constructed and stamped.
  2. The maximum allowable pressure of a boiler or pressure vessel which does not carry the ASME or the API-ASME code symbol shall be computed in accordance with generally accepted nationwide engineering standards as required by the board.
  3. This chapter shall not be construed as in any way preventing the use, sale or reinstallation of a boiler or pressure vessel referred to in subsections (1) and (2), provided it has been made to conform to the rules and regulations of the board governing existing installations and provided, further, it has been found upon inspection to be in a safe condition and that an inspection certificate can be issued.

HISTORY: Laws, 1974, ch. 500, § 6, eff from and after passage (approved April 2, 1974).

§ 45-23-15. Exemptions.

  1. This chapter shall not apply to the following boilers and pressure vessels:
    1. Boilers and pressure vessels located on United States Government property and/or under federal government control and pipelines, including compressors and related facilities, which are subject to inspection by any agency of the federal government or other agency of the State of Mississippi;
    2. Pressure vessels used for transportation and storage of compressed gases when constructed in compliance with specifications of the U.S. Department of Transportation and when charged with gas, marked, maintained and when periodically requalified for use, as required by appropriate regulations of the U.S. Department of Transportation;
    3. Air tanks located on vehicles operating under the rules of other state authorities and used for carrying passengers or freight;
    4. Air tanks installed on the right-of-way of railroads and used directly in the operation of trains;
    5. Pressure vessels that do not exceed (i) five (5) cubic feet in volume and two hundred fifty (250) psig pressure, or (ii) one and one-half (1-1/2) cubic feet in volume and six hundred (600) psig pressure, or (iii) an inside diameter of six (6) inches or less with no limitation on pressure;
    6. Pressure vessels operating at a working pressure not exceeding fifteen (15) psig;
    7. Vessels with a nominal water-containing capacity of one hundred twenty (120) gallons or less for containing water under pressure, including those containing also air, the compression of which serves only as a cushion;
    8. Boiler and pressure vessels constructed and operated under licenses and permits granted by the U.S. Atomic Energy Commission;
    9. Boilers and pressure vessels used in connection with the production, treating, processing, storage or transportation of oil or natural gas, when located in areas which are remote from places of human habitation or public congregation.
  2. The following boilers and pressure vessels shall be exempt from the requirements of Sections 45-23-31 through 45-23-55:
    1. Heating boilers which are located in private residences or in apartment houses of less than six (6) family units;
    2. Pressure vessels containing only water under pressure for domestic supply purposes, including those containing also air, the compression of which serves only as a cushion or airlift pumping system when located in private residences or in apartment houses of less than six (6) family units, or those serving rural water systems;
    3. Pressure vessels which are covered under the Liquefied Compressed Gas Equipment Inspection Law of Mississippi, being Sections 75-57-1 through 75-57-63, Mississippi Code of 1972;
    4. Air receiving tanks and attached tanks used in connection with automobile filling stations that do not exceed fifteen (15) cubic feet in volume and two hundred fifty (250) psig pressure and that are used primarily to increase air pressure in automobile tires.

HISTORY: Laws, 1974, ch. 500, § 7; Laws, 1978, ch. 521, § 1; Laws, 1992, ch. 534, § 1; Laws, 1993, ch. 323, § 1, eff from and after July 1, 1993.

Editor’s Notes —

The U.S. Atomic Energy Commission, referred to in paragraph (1)(h) of this section, was abolished by Public Law 93-438, October 11, 1974, effective January 19, 1975, and its functions either allowed to lapse or transferred to other agencies, primarily the Nuclear Regulatory Commission (see 42 USCS §§ 5841 et seq.) and the Energy Research and Development Administration, now the Department of Energy (see 42 USCS §§ 7101 et seq).

§ 45-23-17. Chief inspector; qualifications.

The board shall employ a chief inspector who shall be a citizen of this state, or if no suitable person is available a citizen of another state, who shall have had at the time of such appointment not less than ten (10) years experience in the construction, installation, inspection, operation, maintenance or repair of high pressure boilers and pressure vessels as a mechanical engineer, steam operating engineer, boilermaker or boiler inspector, and who shall have passed the same kind of examination as that prescribed under Section 45-23-23, and who should be, whenever possible, a registered professional engineer in this state. Such appointment shall be made within sixty (60) days after passage of this chapter and at any time thereafter that the office of the chief inspector may become vacant. Such chief inspector may be removed for cause after due investigation by the board.

HISTORY: Laws, 1974, ch. 500, § 8, eff from and after passage (approved April 2, 1974).

Cross References —

Chief inspector’s bond, see §45-23-29.

§ 45-23-19. Chief inspector; duties and powers.

The chief inspector, if authorized by the board, is hereby charged, directed and empowered:

to take action necessary for the enforcement of the laws of the State of Mississippi governing the use of boilers and pressure vessels to which this chapter applies and of the rules and regulations of the board;

to keep a complete record of the type, dimensions, maximum allowable pressure, age, location, and all inspection reports of all boilers and pressure vessels to which this chapter applies;

to publish and make available to anyone requesting them copies of the rules and regulations promulgated by the board;

to issue, or to suspend or revoke for cause, inspection certificates as provided for in Sections 45-23-41 through 45-23-49;

to cause the prosecution of all violators of the provisions of this chapter;

to draw from the special fund created by Sections 45-23-53 through 45-23-55 any funds appropriated or authorized to be expended by the legislature for the purpose of implementing and administering this chapter. These expenditures may include but are not necessarily limited to the necessary traveling expenses of the chief inspector and his deputies and the expense incident to the maintenance of the chief inspector’s office;

to maintain a list of qualified inspectors or other persons eligible to make inspections within this state and its territories.

HISTORY: Laws, 1974, ch. 500, § 9, eff from and after passage (approved April 2, 1974).

§ 45-23-21. Deputy inspectors; inspection service; special inspectors.

The board:

may employ deputy inspectors who shall be responsible to the chief inspector and who shall have had at the time of appointment not less than five (5) years experience in the construction, installation, inspection, operation, maintenance or repair of high pressure boilers and pressure vessels as a mechanical engineer, steam operating engineer, boilermaker or boiler inspector, and who shall have passed the examination provided for in Section 45-23-23.

shall, upon the request of any company licensed to insure and insuring in this state boilers and pressure vessels or, upon the request of any company operating boilers and/or pressure vessels in this state for which the owner or user maintains a regularly established inspection service which is under the supervision of one or more engineers whose qualifications are satisfactory to the board and causes said pressure vessels to be regularly inspected and rated by such inspection service in accordance with applicable provisions of the rules and regulations adopted by the board pursuant to Section 45-23-9, issue to any inspectors of said company licenses as special inspectors, provided that each such inspector before receiving his license shall satisfactorily pass the examination provided for by Section 45-23-23; or in lieu of such examination the board may accept persons who hold a license or a certificate of competency as an inspector of boilers and pressure vessels for a state that has a standard of examination substantially equal to that of the State of Mississippi.

A license as a special inspector shall be issued to a qualified employee of a company operating boilers and/or pressure vessels in this state only if, in addition to meeting the requirements stated herein, the person is employed full time by the company and is responsible for making inspections of pressure vessels used or to be used by such company and which are not for resale.

Such special inspectors shall receive no salary from, nor shall any of their expenses be paid by, the state; and the continuance of a special inspector’s license shall be conditioned upon his continuing in the employ of the insurance company duly authorized as aforesaid or upon continuing in the employ of the company so operating pressure vessels in this state and upon his maintenance of the standards imposed by this chapter.

Such special inspectors shall inspect all boilers and pressure vessels insured or all boilers and/or pressure vessels operated by their respective companies, and when so inspected the owners and users of such boilers and pressure vessels shall be exempt from payment to the state of inspection fees provided for in Section 43-23-53.

HISTORY: Laws, 1974, ch. 500, § 10, eff from and after passage (approved April 2, 1974).

Editor’s Notes —

Section 43-23-53 referred to in (b)(iii) was repealed by Laws of 1999, ch. 432, § 2, effective from and after May 28, 1999 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).

Cross References —

Deputy inspector’s bond, see §45-23-29.

§ 45-23-23. Examination for inspectors [Repealed effective July 1, 2020].

  1. The examination for chief, deputy or special inspector shall be in writing and shall be by the merit system of the board under the rules of procedure during the examination. Application for examination shall be in writing on forms provided by the board and shall be accompanied by a fee of Twenty-five Dollars ($25.00). Any increase in the fee charged by the board under this subsection shall be in accordance with the provisions of Section 41-3-65. Such examination shall be confined to questions, the answers to which will aid in determining the fitness and competency of the applicant for the intended service.
  2. In case an applicant for an inspector’s license fails to pass the examination, he may appeal to the merit system of the board for another examination which shall be given by the board within ninety (90) days.
  3. The record of an applicant’s examination shall be accessible to the applicant and his employer.

HISTORY: Laws, 1974, ch. 500, § 11; Laws, 1978, ch. 521, § 2; Laws, 2016, ch. 510, § 38, eff from and after July 1, 2016.

Editor’s Notes —

Laws of 2016, ch. 510, § 65, provides:

“SECTION 65. This act shall stand repealed on July 1, 2020.”

Amendment Notes —

The 2016 amendment added the third sentence of (1); and made a minor stylistic change.

§ 45-23-25. Suspension or revocation of inspector’s license.

  1. An inspector’s license may be suspended by the chief inspector, after due investigation and approval by the board, for the incompetence or untrustworthiness of the holder thereof or for willful falsification of any matter or statement contained in his application or in a report of any inspection made by him. Written notice of any such suspension shall be given by the chief inspector within not more than ten (10) days thereof to the inspector and his employer.

    A person whose license has been suspended shall be entitled to an appeal to the board, as provided in Section 45-23-57, and to be present in person or to be represented by counsel at the hearing of the appeal.

  2. If the board has reason to believe that a licensed inspector is no longer qualified to hold his license, the board shall, upon not less than ten (10) days’ written notice to the inspector and his employer, hold a hearing at which such inspector and his employer shall have an opportunity to be heard. If, as a result of such hearing, the board shall find that such inspector is no longer qualified to hold his license, the board shall instruct the chief inspector that such license shall be revoked and the chief inspector shall thereupon revoke such license forthwith.
  3. A person whose license has been suspended shall be entitled to apply, after ninety (90) days from the date of such suspension for reinstatement of such license.

HISTORY: Laws, 1974, ch. 500, § 12, eff from and after passage (approved April 22, 1974).

§ 45-23-27. Replacement of lost or destroyed license.

If a license is lost or destroyed, a new license shall be issued in its place without another examination.

HISTORY: Laws, 1974, ch. 500, § 13, eff from and after passage (approved April 2, 1974).

§ 45-23-29. Inspectors’ bonds.

The chief inspector shall furnish a bond in the sum of Five Thousand Dollars ($5,000.00), and each of the deputy inspectors employed and paid by the state shall furnish a bond in the sum of Two Thousand Dollars ($2,000.00), conditioned upon the faithful performance of their duties and upon a true account of monies handled by them respectively and the payment thereof to the proper recipient. The cost of said bonds shall be paid from funds appropriated by the legislature for administration of this chapter.

HISTORY: Laws, 1974, ch. 500, § 14, eff from and after passage (approved April 22, 1974).

§ 45-23-31. Access to premises.

Any duly authorized representative of the board shall have free access, during reasonable hours, to any premises in the state where a boiler or pressure vessel is being constructed for use in, or is being installed in, this state for the purpose of ascertaining whether such boiler or pressure vessel is being constructed and installed in accordance with the provisions of this chapter.

HISTORY: Laws, 1974, ch. 500, § 15(1), eff from and after passage (approved April 2, 1974).

Cross References —

Exemption of certain boilers and pressure vessels from the requirements of this section, see §45-23-15.

§ 45-23-33. Inspection requirements.

On and after the effective date of the rules and regulations first promulgated by the board, each boiler and pressure vessel used or proposed to be used within this state, except boilers or pressure vessels exempt under Section 45-23-15, shall be thoroughly inspected as to their construction, installation and condition as follows:

Power boilers and high pressure, high temperature water boilers shall receive a certificate inspection annually or as the board may require and shall also be externally inspected annually while under pressure if possible.

Heating boilers shall receive a certificate inspection biennially.

Pressure vessels subject to internal corrosion shall receive a certificate inspection biennially.

Pressure vessels not subject to internal corrosion shall receive a certificate inspection at intervals set by the board, but internal inspection shall not be required of pressure vessels, the contents of which are known to be noncorrosive to the material of which the shell, heads or fittings are constructed, either from the chemical composition of the contents or from evidence that the contents are adequately treated with a corrosion inhibitor, or from evidence that the vessel parts are isolated from the contents with a corrosion resistant lining, provided that such vessels are constructed in accordance with the rules and regulations of the board, and provided further that evidence proving noncorrosiveness is approved by the board.

Nuclear vessels within the scope of this chapter shall be inspected and reported in such form and with such appropriate information as the board shall designate.

A grace period of two (2) months beyond the periods specified in paragraphs (a), (b), (c) and (d) may elapse between certificate inspections.

The board may, in its discretion, permit longer periods between certificate inspections.

Under the provisions of this chapter, the board shall provide for the safety of life, limb and property, and therefore has jurisdiction over the interpretation and application of the inspection requirements as provided for in the rules and regulations which they have promulgated. Inspection during construction and installation shall certify as to the minimum requirements for safety. Inspection requirements of operating equipment shall be in accordance with generally accepted practice and compatible with the actual service conditions, such as: (i) previous experience, based on records of inspection, performance and maintenance; (ii) location, with respect to personnel hazard; (iii) quality of inspection and operating personnel; (iv) provision for related safe operation controls; (v) interrelation with other operations outside the scope of this chapter.

Based upon documentation of such actual service conditions by the owner or user of the operating equipment, the board may, in its discretion, permit variations in inspection requirements.

HISTORY: Laws, 1974, ch. 500, § 15(2), eff from and after passage (approved April 2, 1974).

Cross References —

Exemption of certain boilers and pressure vessels from the requirements of this section, see §45-23-15.

§ 45-23-35. Who may make required inspections.

The inspections herein required shall be made by the chief inspector, by a deputy inspector, or by a special inspector provided for in this chapter.

HISTORY: Laws, 1974, ch. 500, § 15(3), eff from and after passage (approved April 2, 1974).

Cross References —

Exemption of certain boilers and pressure vessels from the requirements of this section, see §45-23-15.

§ 45-23-37. Hydrostatic tests.

If the inspector can show due cause that a hydrostatic test is necessary it shall be made by the owner or user of the boiler or pressure vessel, at the owner’s or user’s expense.

HISTORY: Laws, 1974, ch. 500, § 15(4), eff from and after passage (approved April 2, 1974).

Cross References —

Exemption of certain boilers and pressure vessels from the requirements of this section, see §45-23-15.

§ 45-23-39. Inspection during construction.

All boilers, other than cast iron sectional boilers, and pressure vessels to be installed in this state after the twelve (12) month period from the date upon which the rules and regulations of the board shall become effective, shall be inspected during construction as required by the applicable rules and regulations of the board by an inspector authorized to inspect boilers and pressure vessels in this state, or, if constructed outside of the state, by an inspector holding a license issued by an organization approved by the board.

HISTORY: Laws, 1974, ch. 500, § 15(5), eff from and after passage (approved April 2, 1974).

Cross References —

Exemption of certain boilers and pressure vessels from the requirements of this section, see §45-23-15.

§ 45-23-41. Procedure in general by companies employing special inspectors; exemption [Repealed effective July 1, 2020].

Each company employing special inspectors, except a company operating boilers and/or pressure vessels covered by owner or user inspection service meeting the requirements of Section 45-23-21(b) shall, within thirty (30) days following each certificate inspection made by such inspectors, file a report of such inspection with the chief inspector upon appropriate forms as promulgated by the board. If such report shows that a boiler or pressure vessel is found to comply with the rules and regulations of the board, the owner or user thereof shall pay directly to the board the fee of Twenty Dollars ($20.00) for an annual certificate or Thirty Dollars ($30.00) for a biennial certificate, and the chief inspector or his duly authorized representative shall issue to such owner or user an inspection certificate bearing the date of inspection and specifying the maximum pressure under which the boiler or pressure vessel may be operated. Any increase in the fee charged by the board under this section shall be in accordance with the provisions of Section 41-3-65.

Such inspection certificate shall be valid for not more than fourteen (14) months from its date in the case of power boilers and high pressure, high temperature water boilers, and for not more than twenty-six (26) months in the case of heating boilers and pressure vessels.

In the case of those boilers and pressure vessels covered by Section 45-23-33(a), (b), (c) and (d) for which the board has established or extended the operating period between required inspections, pursuant to the provisions of Section 45-23-33(g) or (h), the certificate shall be valid for a period not more than two (2) months beyond the period set by the board.

Certificates shall be posted under glass in the room containing the boiler or pressure vessel inspected. If the boiler or pressure vessel is not located within the building, the certificate shall be posted in a location convenient to the boiler or pressure vessel inspected, or in any place where it will be accessible to interested parties.

Air tanks used to inflate automobile tires shall be exempt from the inspection requirements of this section.

HISTORY: Laws, 1974, ch. 500, § 16(1); Laws, 1978, ch. 380, § 1; Laws, 1992, ch. 534, § 2; Laws, 1993, ch. 323, § 2; Laws, 2008, ch. 316, § 1; Laws, 2016, ch. 510, § 39, eff from and after July 1, 2016.

Editor’s Notes —

Laws of 2016, ch. 510, § 65, provides:

“SECTION 65. This act shall stand repealed on July 1, 2020.”

Amendment Notes —

The 2008 amendment substituted “Twenty Dollars ($20.00) for an annual certificate or Thirty Dollars ($30.00)” for “Ten Dollars ($10.00) for an annual certificate or Twenty Dollars ($20.00)” in the first paragraph; and added the last paragraph.

The 2016 amendment added the last sentence of the first paragraph.

Cross References —

Exemption of certain boilers and pressure vessels from the requirements of this section, see §45-23-15.

§ 45-23-43. Procedure by companies covered by owner or user inspection service meeting statutory requirements.

Each company operating boilers and/or pressure vessels covered by owner or user inspection service meeting the requirements of Section 45-23-21(b) shall maintain in its files an inspection record which shall list, by number and such abbreviated description as may be necessary for identification, each pressure vessel covered by this chapter, the date of the last inspection of each such unit, and for each pressure vessel the approximate date for the next inspection thereof arrived at by applying the appropriate rules therefor to all data available at the time such inspection record is compiled. Such inspection record shall be readily available for examination by the chief inspector or his authorized representative during business hours.

HISTORY: Laws, 1974, ch. 500, § 16(2), eff from and after passage (approved April 2, 1974).

Cross References —

Exemption of certain boilers and pressure vessels from the requirements of this section, see §45-23-15.

§ 45-23-45. Statement by company covered by owner or user inspection service; filing fee [Repealed effective July 1, 2020].

Each such company shall, in addition, file annually with the board a statement, signed by the engineer having supervision over the inspections made during the period covered thereby, stating the number of vessels covered by this chapter inspected during the year and certifying that each such inspection was conducted pursuant to the inspection requirements provided for by this chapter. Such annual statement shall be accompanied by a filing fee in accordance with the following schedule:

For statements covering not more than twenty-five (25) vessels – Three Dollars ($3.00) per vessel.

For statements covering more than twenty-five (25) but less than one hundred one (101) vessels – Seventy-five Dollars ($75.00).

For statements covering more than one hundred (100) but less than five hundred one (501) vessels – One Hundred Fifty Dollars ($150.00).

For statements covering more than five hundred (500) vessels – Three Hundred Dollars ($300.00).

Any increase in the fee charged by the board under this section shall be in accordance with the provisions of Section 41-3-65.

HISTORY: Laws, 1974, ch. 500, § 16(3); Laws, 2016, ch. 510, § 40, eff from and after July 1, 2016.

Editor’s Notes —

Laws of 2016, ch. 510, § 65, provides:

“SECTION 65. This act shall stand repealed on July 1, 2020.”

Amendment Notes —

The 2016 amendment added the last paragraph of the section.

Cross References —

Exemption of certain boilers and pressure vessels from the requirements of this section, see §45-23-15.

§ 45-23-47. Invalidation of inspection certificate upon termination of insurance.

No inspection certificate issued for an insured boiler or pressure vessel based upon a report of a special inspector shall be valid after the boiler or pressure vessel for which it was issued shall cease to be insured by a company duly authorized by this state to provide such insurance.

HISTORY: Laws, 1974, ch. 500, § 16(4), eff from and after passage (approved April 2, 1974).

Cross References —

Exemption of certain boilers and pressure vessels from the requirements of this section, see §45-23-15.

§ 45-23-49. Suspension of inspection certificate.

The board or its authorized representative may at any time suspend an inspection certificate when, upon a showing of due cause, the boiler or pressure vessel for which it was issued cannot be operated without menace to the public safety, or when the boiler or pressure vessel is found not to comply with the rules and regulations herein provided. Each suspension of an inspection certificate shall continue in effect until such boiler or pressure vessel shall have been made to conform to the rules and regulations of the board, and until said inspection certificate shall have been reinstated.

HISTORY: Laws, 1974, ch. 500, § 16(5), eff from and after passage (approved April 2, 1974).

Cross References —

Exemption of certain boilers and pressure vessels from the requirements of this section, see §45-23-15.

§ 45-23-51. Violations; penalties.

After twelve (12) months following the date of issuance of the rules and regulations by the board, it shall be unlawful for any person, firm, partnership or corporation to operate in this state or its territories a boiler or pressure vessel, except a boiler and/or pressure vessel covered by owner or user inspection service as provided for in Sections 45-23-43 and 45-23-45, without a valid inspection certificate. The operation of a boiler or pressure vessel without such inspection certificate, or at a pressure exceeding that specified in such inspection certificate, shall constitute a misdemeanor on the part of the owner, user or operator thereof and shall be punishable by a fine not exceeding Five Hundred Dollars ($500.00) or imprisonment not to exceed six (6) months, or both. Each day of such unlawful operation shall be deemed a separate offense.

HISTORY: Laws, 1974, ch. 500, § 17, eff from and after passage (approved April 2, 1974).

Cross References —

Exemption of certain boilers and pressure vessels from the requirements of this section, see §45-23-15.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

RESEARCH REFERENCES

Am. Jur.

42 Am. Jur. 2d, Inspection Laws §§ 13, 14.

CJS.

39A C.J.S., Health and Environment § 47.

§ 45-23-53. Fees where inspection made by chief inspector or his deputy [Repealed effective July 1, 2020].

The owner or user of a boiler or pressure vessel required by this chapter to be inspected by the chief inspector, of his deputy inspector, shall pay directly to the board, upon completion of inspection, fees as specified by the board in the rules and regulations.

Fee schedules set by the board shall be reasonable and practical, but shall be set at a level which, in conjunction with the fees collected under Sections 45-23-41 through 45-23-45, will make this activity reasonably self-supporting. Any increase in the fees set by the board under this paragraph shall be in accordance with the provisions of Section 41-3-65.

A group of pressure vessels, such as the rolls of a paper machine or dryer operating as a single machine or unit, shall be considered as one (1) pressure vessel.

Not more than one (1) fee shall be charged or collected for any and all inspections of any pressure vessel in any required inspection period.

When it is necessary to make a special trip to witness the application of a hydrostatic test, an additional fee based on the scale of fees applicable to a certificate inspection of the boiler or pressure vessel shall be charged.

HISTORY: Laws, 1974, ch. 500, § 18(1); Laws, 2016, ch. 510, § 41, eff from and after July 1, 2016.

Editor's Notes —

Laws of 2016, ch. 510, § 65, provides:

“SECTION 65. This act shall stand repealed on July 1, 2020.”

Amendment Notes —

The 2016 amendment added the last sentence of (a); and made a minor stylistic change.

Cross References —

Exemption of certain boilers and pressure vessels from the requirements of this section, see §45-23-15.

§ 45-23-55. Boiler and pressure vessel safety fund.

There is hereby created a special fund in the state treasury to be known as the boiler and pressure vessel safety fund into which shall be deposited all funds appropriated by the legislature for the implementation of this chapter, and funds from fees, fines and any other source that shall be used for the implementation and administration of this chapter by the Mississippi State Board of Health.

HISTORY: Laws, 1974, ch. 500, § 18(2), eff from and after passage (approved April 2, 1974).

Cross References —

Exemption of certain boilers and pressure vessels from the requirements of this section, see §45-23-15.

§ 45-23-57. Appeal to board.

Any person aggrieved by an order or an act of the board or the chief inspector under this chapter may, within fifteen (15) days’ notice thereof, appeal from such order or act to the board which shall, within thirty (30) days thereafter, issue an appropriate order either approving or disapproving said order or act. A copy of such order by the board shall be given to all interested parties.

HISTORY: Laws, 1974, ch. 500, § 19(1), eff from and after passage (approved April 2, 1974).

§ 45-23-59. Review of board action.

Within thirty (30) days after any order or act of the board, any person aggrieved thereby may file a petition in the circuit court of the county of the aggrieved for a review thereof. The court shall summarily hear the petition and may make any appropriate order.

HISTORY: Laws, 1974, ch. 500 § 19(2), eff from and after passage (approved April 2, 1974).

§ 45-23-61. Legislative power of city, town, or other governmental subdivision.

No city, town or other governmental subdivision shall have the power to make any laws, ordinances or resolutions providing for the construction, installation, inspection, operation, maintenance or repair of boilers and pressure vessels within the limits of such city, town or governmental subdivision, and any such laws, ordinances or resolutions heretofore made or passed shall be and are hereby declared void and of no effect.

HISTORY: Laws, 1974, ch. 500, § 20, eff from and after passage (approved April 2, 1974).

Chapter 25. Identification Cards for Non-Drivers [Repealed]

§§ 45-25-1 through 45-25-21. Repealed.

Repealed by Laws, 1988, ch. 570, § 9, eff from and after July 1, 1988.

[Laws, 1979, ch. 426, §§ 1-11; Laws, 1981, ch. 440, §§ 1, 2]

Editor’s Notes —

Former Chapter 25, containing §§45-25-1 through45-25-21, pertained to identification cards for non-drivers.

For provisions dealing with the issuance of identification cards by the Department of Public Safety, formerly contained in this chapter, see §§45-35-1 et seq.

Chapter 27. Mississippi Justice Information Center

§ 45-27-1. Legislative findings and declaration of purpose.

The Legislature finds and declares that a more effective administrative structure now is required to control the collection, storage, dissemination and use of criminal offender record information. These improvements in the organization and control of criminal offender record keeping are imperative both to strengthen the administration of criminal justice and to assure appropriate protection of rights of individual privacy. The purposes of this chapter are (a) to control and coordinate criminal offender record keeping within this state; (b) to assure periodic reporting to the Governor and Legislature concerning such record keeping; and (c) to establish a more effective administrative structure for the collection, maintenance, retrieval and dissemination of criminal history record information described in this chapter, consistent with those principles of scope and security prescribed by this chapter, and to facilitate the practical use of criminal offender record information within the criminal justice system.

HISTORY: Laws, 1980, ch. 555, § 1; reenacted, Laws, 1983, ch. 381, § 1; Laws, 2001, ch. 500, § 13; Laws, 2007, ch. 436, § 1, eff from and after July 1, 2007.

Editor’s Notes —

Laws of 1980, ch. 555, § 11, provided for the repeal of the sections of the law that established the Mississippi Justice Information Center (Laws of 1980, ch. 555, codified as §§45-27-1 et seq.) from and after June 30, 1983. Subsequently, Laws of 1983, ch. 381, § 10, effective June 30, 1983, repealed Laws of 1980, ch. 555, § 11.

Amendment Notes —

The 2007 amendment added “and to facilitate the practical use of criminal offender record information within the criminal justice system” at the end of the section.

JUDICIAL DECISIONS

1. In general.

Records of criminal offenses are kept pursuant to §45-27-1. The legislature of Mississippi has specifically authorized expungement of criminal offender records in limited cases-youth court cases, §§43-21-159 and43-21-265; first offense misdemeanor convictions occurring prior to age 23, §99-19-71; drug possession convictions occurring prior to age 26, §41-29-150; purchase of alcoholic beverages by one under age 21, §67-3-70; and municipal court convictions, §21-23-7. Expungement of felony convictions which arose pursuant to guilty pleas are governed by §99-15-57 which provides that any person who pled guilty within 6 months prior to the effective date of §99-15-26 may apply to the court for an order expunging his or her criminal records. Under §§99-15-57 and99-15-26 a circuit court has the power to expunge a felony conviction pursuant to a guilty plea under certain conditions. Accordingly, a petitioner who pled guilty to the felony of burglary might have been eligible for relief pursuant to §§ 99-15-57 and 99-15-26 if his guilty plea had occurred on or after October 1, 1982, that being the earliest date to satisfy the “within 6 months prior to” March 31, 1983, requirement of § 99-15-57. However, the petitioner pleaded guilty to burglary on October 9, 1979, 3 years prior to October 1, 1982, and admitted that he did not fall within the criterion in any of the statutes authorizing expungement, and thus the trial court did not err in denying his petition for expungement. Caldwell v. State, 564 So. 2d 1371, 1990 Miss. LEXIS 262 (Miss. 1990).

To require a prisoner to exhibit himself for the purpose of identification or to submit to the taking of photographs and fingerprints does not violate the prisoner’s constitutional rights against self-incrimination. Smith v. State, 229 So. 2d 551, 1969 Miss. LEXIS 1246 (Miss. 1969).

After the defendant had confessed to an indictable offense, the interrogating officer had sufficient grounds upon which to arrest him and thereafter to take the picture and fingerprints of the defendant. Smith v. State, 229 So. 2d 551, 1969 Miss. LEXIS 1246 (Miss. 1969).

Fingerprints are admissible in evidence in order to establish the identity of a party where the comparison of a developed fingerprint with that of the party alleged to have made it is shown. McLain v. State, 198 Miss. 831, 24 So. 2d 15, 1945 Miss. LEXIS 256 (Miss. 1945).

Superintendent of identification of a city police department, who was a graduate of a recognized fingerprint school, had twelve years practical experience, and was an officer of an international association for identification, was fully qualified as a fingerprint expert. McLain v. State, 198 Miss. 831, 24 So. 2d 15, 1945 Miss. LEXIS 256 (Miss. 1945).

OPINIONS OF THE ATTORNEY GENERAL

Under Section 45-27-1 a policeman or a sheriff can trace a person’s tag number on NCIC’s computer if they have been given a tip or have reason to believe a certain vehicle may be violating some alcoholic beverage law. Capps, December 7, 1995, A.G. Op. #95-0800.

The Mississippi Justice Information Act creates a comprehensive scheme for the collection, storage, and dissemination of criminal records, and the information contained in the Mississippi Justice Information Center’s database is not subject to release under the Mississippi Public Records Act of 1983. Spann, Oct. 27, 2000, A.G. Op. #2000-0553.

§ 45-27-3. Definitions.

For the purposes of this chapter, the following words shall have the meanings ascribed to them in this section unless the context requires otherwise:

“Criminal justice agencies” means public agencies at all levels of government which perform as their principal function activities relating to the apprehension, prosecution, adjudication or rehabilitation of criminal offenders.

“Offense” means an act which is a felony or a misdemeanor.

“Justice information system” means those agencies, procedures, mechanisms, media and forms, as well as the information itself, which are or become involved in the origination, transmittal, storage, retrieval and dissemination of information related to reported offenses and offenders, and the subsequent actions related to the events or persons.

“Criminal justice information” means the following classes of information:

“Secret data,” which includes information dealing with those elements of the operation and programming of the Mississippi Justice Information Center computer system and the communications network and satellite computer systems handling criminal justice information which prevents unlawful intrusion into the system.

“Criminal history record information,” which means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, affidavits, information or other formal charges and any disposition arising therefrom, sentencing, correctional supervision and release. The term does not include identification information such as fingerprint records or images to the extent that the information does not indicate involvement of the individual in the criminal justice system.

“Sensitive data,” which contains statistical information in the form of reports, lists and documentation which may identify a group characteristic, such as “white” males or “stolen” guns.

“Restricted data,” which contains information relating to data-gathering techniques, distribution methods, manuals and forms.

“Law enforcement agency” or “originating agency” or “agency” which includes a governmental unit or agency composed of one or more persons employed full time or part time by the state as a political subdivision thereof for the following purposes: (A) the administration of criminal justice, which includes the prevention and detection of crime; the apprehension, pretrial release, post-trial release, prosecution, adjudication, correctional supervision or rehabilitation of accused persons or criminal offenders; or the collection, storage and dissemination of criminal history record information; or (B) the enforcement of state laws or local ordinances, which includes making arrests for crimes while acting within the scope of their authority. The agency must perform one or more of the above-described criminal justice duties and allocate a substantial part of its annual budget to the administration of criminal justice.

“Center” means the Mississippi Justice Information Center or the Mississippi Criminal Information Center.

“Department” means the Mississippi Department of Public Safety.

“Conviction information” means criminal history record information disclosing that a person was found guilty of, or has pleaded guilty or nolo contendere to, a criminal offense in a court of law, together with any sentencing information. This includes a conviction in a federal or military tribunal, including a court martial conducted by the Armed Forces of the United States, or a conviction for an offense committed on an Indian Reservation or other federal property, or any court of a state of the United States.

“Nonconviction information” means arrest without disposition information if an interval of one (1) year has elapsed from the date of arrest and no active prosecution for the charge is pending, as well as all acquittals and all dismissals.

“Arrest card” means the initial law enforcement agency documentation of an arrest, whether in physical or digital form, including fingerprint information.

“Disposition form” means the form prescribed by rule of the Justice Information Center for a court or law enforcement agency to report the disposition of the case of a person who has been arrested.

“Disposition” means the outcome of the case of a person who was arrested and includes, without limitation:

Nonadjudication;

A verdict or plea of guilt;

A plea of nolo contendere;

A verdict of not guilty;

Dismissal;

Nolle prosequi;

Remand to the file;

Expunction; or

An appeal.

HISTORY: Laws, 1980, ch. 555, § 2; reenacted, Laws, 1983, ch. 381, § 2; Laws, 2001, ch. 500, § 14; Laws, 2014, ch. 403, § 1, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment substituted “the” for “such” in (c) and (d)(ii); added (i), (j), and (k); and made minor stylistic changes.

Cross References —

Administrative Procedures Act, see §§25-43-1.101 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Agencies that are not criminal justice agencies may receive information only upon a showing that the information will be used for the prevention or detection of crime or the apprehension of criminal offenders; this ordinarily does not include background checks of employees of agencies that are not criminal justice agencies. Spann, Jan. 24, 2000, A.G. Op. #99-0694.

If fingerprint information is maintained as part of a record of a conviction that is ordered expunged, the fingerprint information must be expunged; however, if fingerprint information is obtained and maintained for other purposes, the destruction of the information is not mandated. Spann, Jan. 24, 2000, A.G. Op. #99-0694.

§ 45-27-5. Mississippi Justice Information System established; director; personnel.

  1. There is hereby established within the Mississippi Department of Public Safety a system for the communication of vital information relating to crimes, criminals and criminal activity to be known as the Mississippi Justice Information Center. Central responsibility for the development, maintenance and operation of the center shall be vested with the director of the Mississippi Justice Information Center.
  2. The director of the center shall maintain the necessary staff to enable the effective and efficient performance of the duties and responsibilities ascribed to the center. Such staff shall include but not be limited to statistical analysis personnel and field monitoring personnel, along with the support services to be procured within state government.
  3. All personnel of the center shall be subject to approval by the state personnel board, with due recognition to be given to the special qualifications and availability of the types of individuals required for such employment.

HISTORY: Laws, 1980, ch. 555, § 3; reenacted and amended, Laws, 1983, ch. 381, § 3, eff from and after June 30, 1983.

§ 45-27-7. Duties and functions of the Justice Information Center.

  1. The Mississippi Justice Information Center shall:
    1. Develop, operate and maintain an information system which will support the collection, storage, retrieval and dissemination of all data described in this chapter, consistent with those principles of scope, security and responsiveness prescribed by this chapter.
    2. Cooperate with all criminal justice agencies within the state in providing those forms, procedures, standards and related training assistance necessary for the uniform operation of the statewide center.
    3. Offer assistance and, when practicable, instruction to all local law enforcement agencies in establishing efficient local records systems.
    4. Make available, upon request, to all local and state criminal justice agencies, to all federal criminal justice agencies and to criminal justice agencies in other states any information in the files of the center which will aid such agencies in the performance of their official duties. For this purpose the center shall operate on a twenty-four-hour basis, seven (7) days a week. Such information, when authorized by the director of the center, may also be made available to any other agency of this state or any political subdivision thereof and to any federal agency, upon assurance by the agency concerned that the information is to be used for official purposes only in the prevention or detection of crime or the apprehension of criminal offenders.
    5. Cooperate with other agencies of this state, the crime information agencies of other states, and the national crime information center systems of the Federal Bureau of Investigation in developing and conducting an interstate, national and international system of criminal identification and records.
    6. Make available, upon request, to nongovernmental entities or employers certain information for noncriminal justice purposes as specified in Section 45-27-12.
    7. Institute necessary measures in the design, implementation and continued operation of the justice information system to ensure the privacy and security of the system. Such measures shall include establishing complete control over use of and access to the system and restricting its integral resources and facilities and those either possessed or procured and controlled by criminal justice agencies. Such security measures must meet standards developed by the center as well as those set by the nationally operated systems for interstate sharing of information.
    8. Provide data processing for files listing motor vehicle drivers’ license numbers, motor vehicle registration numbers, wanted and stolen motor vehicles, outstanding warrants, identifiable stolen property and such other files as may be of general assistance to law enforcement agencies; provided, however, that the purchase, lease, rental or acquisition in any manner of “computer equipment or services,” as defined in Section 25-53-3, Mississippi Code of 1972, shall be subject to the approval of the Mississippi Information Technology Services.
    9. Maintain a field coordination and support unit which shall have all the power conferred by law upon any peace officer of this state.
  2. The department, including the investigative division or the center, may:
    1. Obtain and store fingerprints, descriptions, photographs and any other pertinent identifying data from crime scenes and on persons who:

      1. For an offense which is a felony;

      2. For an offense which is a misdemeanor;

      3. As a fugitive from justice; or

      1. Have been or are hereafter arrested or taken into custody in this state:
      2. Are or become habitual offenders; or
      3. Are currently or become confined to any prison, penitentiary or other penal institution; or
      4. Are unidentified human corpses found in the state; or
      5. Have submitted fingerprints for conducting criminal history record checks.
    2. Compare all fingerprint and other identifying data received with that already on file and determine whether or not a criminal record is found for such person, and at once inform the requesting agency or arresting officer of those facts that may be disseminated consistent with applicable security and privacy laws and regulations. A record shall be maintained for a minimum of one (1) year of the dissemination of each individual criminal history, including at least the date and recipient of such information.
    3. Establish procedures to respond to those individuals who file requests to review their own records, pursuant to Sections 45-27-11 and 45-27-12, and to cooperate in the correction of the central center records and those of contributing agencies when their accuracy has been successfully challenged either through the related contributing agencies or by court order issued on behalf of an individual.
    4. Retain in the system the fingerprints of all law enforcement officers and part-time law enforcement officers, as those terms are defined in Section 45-6-3, and of all applicants to law enforcement agencies.
  3. There shall be a presumption that a copy of any document submitted to the center in accordance with the provisions of Section 45-27-9 that has been processed as set forth in this chapter and subsequently certified and provided by the center to a law enforcement agency or a court shall be admissible in any proceeding without further authentication unless a person objecting to that admissibility has successfully challenged the document under the provisions of Section 45-27-11.

HISTORY: Laws, 1980, ch. 555, § 4; reenacted, Laws, 1983, ch. 381, § 4; Laws, 2001, ch. 500, § 15; Laws, 2006, ch. 383, § 1; Laws, 2007, ch. 436, § 2; Laws, 2008, ch. 484, § 1, eff from and after July 1, 2008.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in (2)(d). The word “enforcement” was inserted following “part-time law.” The Joint Committee ratified the correction at its May 31, 2006, meeting.

Editor’s Notes —

Chapter 622 of Laws of 1995 (§25-53-3) changed the name of the “Central Data Processing Authority” (CDPA) to the “Mississippi Department of Information Technology Services” (MDITS) and provided that wherever the terms “Central Data Processing Authority” and “authority,” when referring to the Central Data Processing Authority, are used in any law, the same shall mean the Mississippi Department of Information Technology Services.

Amendment Notes —

The 2006 amendment deleted “crime and offender” preceding “data described in this chapter” in (1)(a); and in (2), substituted “may” for “shall” in the introductory paragraph, inserted “from crime scenes and” following “identifying data” in (a), added (a)(v) and (d), and made minor stylistic changes.

The 2007 amendment, in (2)(a)(i), redesignated former (A) through (C) as present 1 through 3; added (3); and made a minor stylistic change.

The 2008 amendment, in (3), deleted “certified” following “presumption that a,” inserted “certified and” preceding “provided by the center” and substituted “has successfully challenged the document” for “challenges the document.”

Cross References —

Mississippi Department of Information Technology Services generally, see §§25-53-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

The release of information pursuant to subsection (d) is not limited to personnel of those agencies who meet the definition of a “law enforcement officer” under Section 45-6-3 and is, therefore, certified. Spann, Jan. 24, 2000, A.G. Op. #99-0694.

RESEARCH REFERENCES

ALR.

Right of exonerated arrestee to have fingerprints, photographs, or other criminal identification or arrest records expunged or restricted. 46 A.L.R.3d 900.

Am. Jur.

21A Am. Jur. 2d, Criminal Law § 542.

21A Am. Jur. 2d, Criminal Law §§ 1217 et seq.

41 Am. Jur. Trials 681, Computer Research for the Trial Lawyer.

§ 45-27-8. Mississippi Justice Information Center authorized to charge fees for services and reports.

The center, by direction of the Commissioner of the Department of Public Safety, shall establish and collect fees reasonably calculated to reimburse the center for the actual cost of searching, reviewing, duplicating and mailing records or information of any kind maintained by the center and authorized for release by this chapter.

No records shall be furnished by the center which are classified as confidential by law.

All fees collected by the center pursuant to this chapter shall be deposited into the Criminal Information Center Special Fund hereby created in the State Treasury. Monies deposited in such fund shall be expended by the center, as authorized and appropriated by the Legislature, to defray the expenses of the center. Any revenue in the fund which is not encumbered at the end of the fiscal year shall not lapse to the State General Fund but shall remain in the special fund.

HISTORY: Laws, 2001, ch. 500, § 16, eff from and after July 1, 2001.

§ 45-27-9. Submission of data to center by criminal justice agencies; center to promptly purge records upon receipt of lawful expunction order; random review of certain agencies' or clerks' records by PEER committee; new or upgraded computerized records management systems to be formatted to Department of Justice approved format; implementation of incident-based reporting system within law enforcement agencies.

  1. All criminal justice agencies within the state shall submit to the center an arrest card that will transmit fingerprints, descriptions, photographs (when specifically requested), and other identifying data on persons who have been lawfully arrested or taken into custody in this state for all felonies and misdemeanors as described in Section 45-27-7(2)(a). It shall be the duty of all chiefs of police, sheriffs, district attorneys, courts, court clerks, judges, parole and probation officers, wardens or other persons in charge of correctional institutions in this state to furnish the center with all data required by the rules duly promulgated under the Administrative Procedures Act to carry out its responsibilities under this chapter, and the duty of courts and court clerks to submit a disposition form for every disposition. It shall be the duty of all criminal justice agencies within the state to supply the prosecutor and the proper court with the disposition form that is attached to the physical arrest card if fingerprints were taken manually or, if fingerprints were captured digitally, the disposition form generated by the electronic fingerprint device at the time of the arrest. The PEER committee may conduct random review of the records of any agency or clerks referenced in this subsection (1) to determine whether the duties of such agencies and clerks are being fulfilled in a timely manner. The PEER committee, based on its findings, if any, shall recommend measures to ensure that the duties are more effectively carried out in a timely manner.
  2. All persons in charge of law enforcement agencies shall obtain, or cause to be obtained, fingerprints according to the fingerprint system of identification established by the Director of the Federal Bureau of Investigation, full face and profile photographs (if equipment is available) and other available identifying data, of each person arrested or taken into custody for an offense of a type designated in subsection (1) of this section, of all persons arrested or taken into custody as fugitives from justice and of all unidentified human corpses in their jurisdictions, but photographs need not be taken if it is known that photographs of the type listed, taken within the previous year, are on file. Any record taken in connection with any person arrested or taken into custody and subsequently released without charge or cleared of the offense through court proceedings shall be purged from the files of the center and destroyed upon receipt by the center of a lawful expunction order. All persons in charge of law enforcement agencies shall submit to the center detailed descriptions of arrests or takings into custody which result in release without charge or subsequent exoneration from criminal liability within twenty-four (24) hours of the release or exoneration.
  3. Fingerprints and other identifying data required to be taken under subsection (2) shall be forwarded within twenty-four (24) hours after taking for filing and classification, but the period of twenty-four (24) hours may be extended to cover any intervening holiday or weekend. Photographs taken shall be forwarded at the discretion of the agency concerned, but, if not forwarded, the fingerprint record shall be marked “Photo Available” and the photographs shall be forwarded subsequently if the center so requests.
  4. All persons in charge of law enforcement agencies shall submit to the center detailed descriptions of arrest warrants and related identifying data immediately upon determination of the fact that the warrant cannot be served for the reasons stated. If the warrant is subsequently served or withdrawn, the law enforcement agency concerned must immediately notify the center of the service or withdrawal. Also, the agency concerned must annually, no later than January 31 of each year and at other times if requested by the center, confirm all arrest warrants which continue to be outstanding. Upon receipt of a lawful expunction order, the center shall purge and destroy files of all data relating to an offense when an individual is subsequently exonerated from criminal liability of that offense. The center shall not be liable for the failure to purge, destroy or expunge any records if an agency or court fails to forward to the center proper documentation ordering the action.
  5. All persons in charge of state correctional institutions shall obtain fingerprints, according to the fingerprint system of identification established by the Director of the Federal Bureau of Investigation or as otherwise directed by the center, and full face and profile photographs of all persons received on commitment to the institutions. The prints so taken shall be forwarded to the center, together with any other identifying data requested, within ten (10) days after the arrival at the institution of the person committed. At the time of release, the institution will again obtain fingerprints, as before, and forward them to the center within ten (10) days, along with any other related information requested by the center. The institution shall notify the center immediately upon the release of the person.
  6. All persons in charge of law enforcement agencies, all court clerks, all municipal justices where they have no clerks, all justice court judges and all persons in charge of state and county probation and parole offices, shall supply the center with the information described in subsections (4) and (10) of this section on the basis of the forms and instructions for the disposition form to be supplied by the center.
  7. All persons in charge of law enforcement agencies in this state shall furnish the center with any other identifying data required in accordance with guidelines established by the center. All law enforcement agencies and correctional institutions in this state having criminal identification files shall cooperate in providing the center with copies of the items in the files which will aid in establishing the nucleus of the state criminal identification file.
  8. All law enforcement agencies within the state shall report to the center, in a manner prescribed by the center, all persons wanted by and all vehicles and identifiable property stolen from their jurisdictions. The report shall be made as soon as is practical after the investigating department or agency either ascertains that a vehicle or identifiable property has been stolen or obtains a warrant for an individual’s arrest or determines that there are reasonable grounds to believe that the individual has committed a crime. The report shall be made within a reasonable time period following the reporting department’s or agency’s determination that it has grounds to believe that a vehicle or property was stolen or that the wanted person should be arrested.
  9. All law enforcement agencies in the state shall immediately notify the center if at any time after making a report as required by subsection (8) of this section it is determined by the reporting department or agency that a person is no longer wanted or that a vehicle or property stolen has been recovered. Furthermore, if the agency making the apprehension or recovery is not the one which made the original report, then it shall immediately notify the originating agency of the full particulars relating to the apprehension or recovery using methods prescribed by the center.
  10. All law enforcement agencies in the state and clerks of the various courts shall promptly report to the center all instances where records of convictions of criminals are ordered expunged by courts of this state as now provided by law. The center shall promptly expunge from the files of the center and destroy all records pertaining to any convictions that are ordered expunged by the courts of this state as provided by law.
  11. The center shall not be held liable for the failure to purge, destroy or expunge records if an agency or court fails to forward to the center proper documentation ordering the action.
  12. Any criminal justice department or agency making an expenditure in excess of Five Thousand Dollars ($5,000.00) in any calendar year on software or programming upgrades concerning a computerized records management system or jail management system shall ensure that the new or upgraded system is formatted to Department of Justice approved XML format and that no impediments to data sharing with other agencies or departments exist in the software programming.
    1. All law enforcement agencies within the state shall:
      1. Implement an incident-based reporting system within the agency or department that meets the reporting requirements of the National Incident-Based Reporting System (NIBRS) of the Uniform Crime Reporting Program of the Federal Bureau of Investigation;
      2. Use the system described by subparagraph (i) to submit to the center information and statistics concerning criminal offenses committed in the jurisdiction of the local law enforcement agency, in a manner prescribed by the center; and
      3. Report the information as soon as is practicable after the investigating agency or department ascertains that a qualifying crime has been committed in its jurisdiction, once the state-level NIBRS Repository is available.
    2. No later than July 1, 2019, the department shall submit a report to the Legislature that identifies the number of local law enforcement agencies that have implemented the system described in this subsection (13).

HISTORY: Laws, 1980, ch. 555, § 5; reenacted, Laws, 1983, ch. 381, § 5; Laws, 2001, ch. 500, § 17; Laws, 2007, ch. 436, § 3; Laws, 2014, ch. 403, § 2, eff from and after July 1, 2014; Laws, 2018, ch. 442, § 1, eff from and after July 1, 2018.

Amendment Notes —

The 2007 amendment added (12).

The 2014 amendment, in (1), inserted “an arrest card that will transmit” near the beginning; substituted “all data required by the rules duly promulgated under the Administrative Procedures Act” for “any other data deemed necessary by the center”; and added “and the duty . . . of the arrest” at the end; deleted “such” following “requested by the center, confirm all” in (4); inserted “for the disposition form” in (6); and substituted “the” for “such” once in (2) and (11) and twice in (4), (5), (7), and (9).

The 2018 amendment added the last two sentences of (1); and added (13).

OPINIONS OF THE ATTORNEY GENERAL

When a record of a conviction is ordered expunged, the Mississippi Justice Information Center must destroy electronic entries from its database as well as all paper documents associated with the electronic entries. Spann, Jan. 24, 2000, A.G. Op. #99-0694.

The Mississippi Justice Information Center is not prohibited from entering the following crimes committed by individuals under 18 years of age into its database: (1) crimes punishable under state or federal law by life imprisonment or death; (2) offenses committed by a child on or after his seventeenth birthday where such offenses would be a felony if committed by an adult; (3) a hunting or fishing violation; (4) a traffic violation; (5) a violation of the Mississippi Implied Consent Law; or (6) a violation of Section 67-3-70. Spann, Jan. 24, 2000, A.G. Op. #99-0694.

A district attorney (as a “person in charge of a law enforcement agency”) or circuit court clerk (as an officer of the court) may comply with Section 45-27-9 by providing to the Mississippi Justice Information Center the information on a capias that either cannot or has not been served within a reasonable time period; if for some reason the sheriff cannot serve the capias on the defendant and returns the capias unserved, the information on the capias may be provided to the Mississippi Justice Information Center without violation of Section 97-9-53 or 99-7-15. Kitchens, Jr., April 17, 2000, A.G. Op. #2000-0192.

RESEARCH REFERENCES

ALR.

Right of indigent defendant in state criminal case to assistance of fingerprint expert. 72 A.L.R.4th 874.

Am. Jur.

21 Am. Jur. 2d, Criminal Law § 542.

21A Am. Jur. 2d, Criminal Law §§ 1217 et seq.

41 Am. Jur. Trials 681, Computer Research for the Trial Lawyer.

§ 45-27-11. Review or challenge of criminal offender records; correction of errors in records.

The center shall make a person’s criminal records available for inspection by him or his attorney upon written request. Prior to inspection, the person must submit a set of fingerprints, sign a written authorization for the records check, and provide any other identifying information required by the center. Should such person or his attorney contest the accuracy of any portion of such records, the center shall make available to such person or his attorney a copy of the contested record upon written application identifying the portion of the record contested and showing the reason for the contest of accuracy. Forms, procedures, fees, identification and other related aspects pertinent to such access may be prescribed by the center in making access available.

If an individual believes such information to be inaccurate or incomplete, he may request the original agency having custody or control of the records to purge, modify or supplement them and to so notify the center of such changes. Should the agency decline to so act or should the individual believe the agency’s decision to be otherwise unsatisfactory, the individual or his attorney may within thirty (30) days of such decision enter an appeal to the county or circuit court of the county of his residence or to such court in the county where such agency exists. The court in each such case shall conduct a de novo hearing and may order such relief as it finds to be required by law. Such appeals shall be entered in the same manner as other appeals are entered.

Should the record in question be found to be inaccurate or incomplete, the court shall order it to be appropriately expunged, modified or supplemented by an explanatory notation. Each agency or individual in the state with custody, possession or control of any such record shall promptly cause each and every copy thereof in his custody, possession or control to be altered in accordance with the court’s order. Notification of each such deletion, amendment and supplementary notation shall be promptly disseminated to any individuals or agencies to which the records in question have been communicated as well as to the individual whose records have been ordered so altered. The center shall not be held liable for the failure to modify, supplement, destroy or expunge records if an agency or court fails to forward to the center proper documentation ordering such action.

Agencies, including the center, at which criminal offender records are sought to be inspected may prescribe reasonable hours and places of inspection and may impose such additional procedures, fees or restrictions, including fingerprinting, as are reasonably necessary both to assure the record’s security, to verify the identities of those who seek to inspect them and to maintain an orderly and efficient mechanism for such access.

HISTORY: Laws, 1980, ch. 555, § 6; reenacted, Laws, 1983, ch. 381, § 6; Laws, 2001, ch. 500, § 18, eff from and after July 1, 2001.

OPINIONS OF THE ATTORNEY GENERAL

The Mississippi Justice Information Act creates a comprehensive scheme for the collection, storage, and dissemination of criminal records, and the information contained in the Mississippi Justice Information Center’s database is not subject to release under the Mississippi Public Records Act of 1983. Spann, Oct. 27, 2000, A.G. Op. #2000-0553.

RESEARCH REFERENCES

ALR.

Right of exonerated arrestee to have fingerprints, photographs, or other criminal identification or arrest records expunged or restricted. 46 A.L.R.3d 900.

Judicial expunction of criminal record of convicted adult. 11 A.L.R.4th 956.

Am. Jur.

41 Am. Jur. Trials 681, Computer Research for the Trial Lawyer.

§ 45-27-12. Dissemination of certain criminal history record information for noncriminal justice purposes.

  1. State conviction information and arrest information which is contained in the center’s database or the nonexistence of such information in the center’s database shall be made available for the following noncriminal justice purposes:
    1. To any local, state or federal governmental agency that requests the information for the enforcement of a local, state or federal law;
    2. To any individual, nongovernmental entity or any employer authorized either by the subject of record in writing or by state or federal law to receive such information; and
    3. To any federal agency or central repository in another state requesting the information for purposes authorized by law.
  2. Information disseminated for noncriminal justice purposes as specified in this section shall be used only for the purpose for which it was made available and may not be re-disseminated.
  3. No agency or individual shall confirm the existence or nonexistence of criminal history record information to any person or organization that would not be eligible to receive the information pursuant to this section.
  4. Upon request for a check pursuant to this section, the nongovernmental entity or employer must provide proper identification and authorization information from the subject of the record to be checked and adhere to policies established by the center for such record checks.
  5. Any individual or his attorney who is the subject of the record to be checked, upon positive verification of the individual’s identity, may request to review the disseminated information and shall follow the procedure set forth in Section 45-27-11. If the individual wishes to correct the record as it appears in the center’s system, the person shall follow the procedure set forth in Section 45-27-11. The right of a person to review the person’s criminal history record information shall not be used by a prospective employer or others as a means to circumvent procedures or fees for accessing records for noncriminal justice purposes.
  6. The center may impose procedures, including the submission of fingerprints, fees or restrictions, as are reasonably necessary to assure the record’s security, to verify the identities of those who seek to inspect them, and to maintain an orderly and efficient mechanism for access. All fees shall be assessed and deposited in accordance with the provisions of Section 45-27-8.
  7. Local agencies may release their own agency records according to their own policies.
  8. Release of the above-described information for noncriminal justice purposes shall be made only by the center, under the limitations of this section, and such compiled records will not be released or disclosed for noncriminal justice purposes by other agencies in the state.

HISTORY: Laws, 2001, ch. 500, § 19; Laws, 2006, ch. 347, § 1, eff from and after July 1, 2006.

Amendment Notes —

The 2006 amendment, in (1), deleted “less than one (1) year old” following “arrest information” and inserted “or the nonexistence of such information in the center’s database” preceding “shall be made available for the following” in the introductory paragraph, and inserted “individual” following “To any” in (b); and deleted the former last sentence in (3), which read: “Nonconviction information shall not be available under the provisions of this section for noncriminal justice purposes.”

§ 45-27-13. Penalties.

  1. Any person who knowingly requests, obtains or attempts to obtain criminal history record information and other information maintained in the center’s network under false pretenses or who misuses criminal history record information or information maintained in the center’s network except in accordance with law or who knowingly communicates or attempts to communicate criminal history record information to any agency or person except in accordance with this chapter, or any member, officer, employee or agent of the center, or any participating agency who knowingly falsifies criminal history record information, or any records relating thereto, shall for each such offense be fined not more than Five Thousand Dollars ($5,000.00) or be imprisoned for not more than one (1) year, or both fined and imprisoned.
  2. Any person who knowingly discloses or attempts to disclose the techniques or methods employed to ensure the security and privacy of information or data contained in criminal justice information systems, except in accordance with this chapter, shall for each such offense be fined not more than Five Thousand Dollars ($5,000.00) or be imprisoned for not more than two (2) years in the custody of the Department of Corrections, or both.

HISTORY: Laws, 1980, ch. 555, § 7; reenacted, Laws, 1983, ch. 381, § 7; Laws, 2001, ch. 500, § 20, eff from and after July 1, 2001.

§ 45-27-15. Provisions to be controlling; juvenile offenders; maintenance and dissemination of more detailed information.

  1. In the event of conflict, this chapter shall to the extent of the conflict supersede all existing statutes which regulate, control or otherwise relate, directly or by implication, to the collection, storage and dissemination or usage of fingerprint identification, offender criminal history or any existing statute which relates directly or by implication to any other provisions of this chapter.
  2. Notwithstanding the provisions of subsection (1) of this section, this chapter shall not be understood to alter, amend or supersede the statutes and rules of law governing the collection, storage, dissemination or usage of records concerning individual juvenile offenders in which they are individually identified by name or other means.
  3. Nothing in this section shall prevent a criminal justice agency from maintaining more detailed information than is required to be reported to the central repository. However, the dissemination of such criminal history record information is governed by federal statute.

HISTORY: Laws, 1980, ch. 555, § 8; reenacted, Laws, 1983, ch. 381, § 8, eff from and after June 30, 1983.

Cross References —

Youth court records of fingerprints of children, see §43-21-255.

RESEARCH REFERENCES

ALR.

What records may be acquired and retained under 28 USCS § 534, directing Attorney General to acquire and preserve criminal identification and other records. 28 A.L.R. Fed. 266.

Am. Jur.

21 Am. Jur. 2d, Criminal Law § 542.

21A Am. Jur. 2d, Criminal Law §§ 1217 et seq.

§ 45-27-17. Counties, municipalities and users of network authorized to pay pro rata cost of justice information center.

All boards of supervisors, municipal authorities of the state and other users of the network are hereby authorized to appropriate and pay, in their discretion, to the Department of Public Safety such sum as may be assessed against said county or municipality or user agency as their pro rata cost of the justice information system and Mississippi Justice Information Center.

HISTORY: Laws, 1980, ch. 555, § 10; reenacted, Laws, 1983, ch. 381, § 9; Laws, 2001, ch. 500, § 21, eff from and after July 1, 2001.

§ 45-27-19. Exemption of records.

  1. Unless specifically authorized by law, records maintained by the center shall be exempt from the provisions of the Mississippi Public Records Act of 1983.
  2. Intelligence and investigative files maintained by law enforcement shall be kept separate from criminal history record information and shall be exempt from dissemination under the provisions of this chapter and the Mississippi Public Records Law.

HISTORY: Laws, 2001, ch. 500, § 22, eff from and after July 2, 2001.

Cross References —

Mississippi Public Records Act of 1983, see §§25-61-1 et seq.

§ 45-27-21. Database of all expunction and nonadjudication orders created; accessibility to database.

A certified copy of every expunction and nonadjudication order shall be sent by the circuit clerk to the Mississippi Criminal Information Center where it shall be maintained in a separate confidential database accessible only upon written request by a district attorney, a county prosecuting attorney, a municipal court prosecuting attorney, the Attorney General of Mississippi and the Mississippi Law Enforcement Standards and Training Board. Any criminal conviction which has been expunged or nonadjudicated may be used for the purpose of determining habitual offender status and for the use of the Mississippi Law Enforcement Standards and Training Board in giving or retaining law enforcement certification, and to ensure that a person is only eligible for first-offender status one (1) time.

HISTORY: Laws, 2006, ch. 490, § 1, eff from and after July 1, 2006.

JUDICIAL DECISIONS

1. In general.

It was not error to permit the amendment of defendant’s indictment two days before trial to allege defendant’s habitual offender status because (1) the motion provided details of defendant’s two prior felony convictions and sentences, so defendant was not unfairly surprised, (2) nothing supported defendant’s claim that one of the convictions had been expunged, and, (3) had the conviction been expunged, the conviction could still be used to find defendant’s habitual offender status. Rushing v. State, 195 So.3d 760, 2016 Miss. LEXIS 279 (Miss. 2016).

Chapter 29. Records

§§ 45-29-1 and 45-29-3. Repealed.

Repealed by Laws of 2008, ch. 392, § 4, effective July 1, 2008.

§45-29-1. [Laws, 1983, ch. 424, § 20, eff from and after July 1, 1983.]

§45-29-3. [Laws, 1984, ch. 487; Laws, 1990, ch. 413, § 1; Laws, 2002, ch. 560, § 2, eff from and after passage (approved Apr. 10, 2002.]

Editor’s Notes —

Former §45-29-1 provided that certain investigative and criminal justice records were exempt from public access requirements. For present similar provisions, see §25-61-12.

Former §45-29-3 provided for the exemption from the public records law of certain law enforcement records and personal information of victims. For present similar provisions, see §25-61-12.

OPINIONS OF THE ATTORNEY GENERAL

Where it is determined that release of parts of a report on building security issues would impede a police department’s law enforcement efforts, endanger the life or safety of officers or pertain to quality control matters, a city may redact those portions from material which is to be released. Bowman, Aug. 4, 2006, A.G. Op. 06-0217.

Chapter 31. Sex Offense Criminal History Record Information Act

§§ 45-31-1 through 45-31-19. Repealed.

Repealed by Laws, 2000, ch. 415, § 8, and ch. 499, § 21, eff from and after July 1, 2000.

§45-31-1. [Laws, 1987, ch. 465, § 2, eff from and after July 1, 1987.]

§45-31-3. [Laws, 1987, ch. 465, § 3; Laws, 1991, ch. 448, § 2, eff. from and after July 1, 1991.]

§45-31-5. [Laws, 1987, ch. 465, § 4, eff from and after July 1, 1987.]

§45-31-7. [Laws, 1987, ch. 465, § 5, eff from and after July 1, 1987.]

§45-31-9. [Laws, 1987, ch. 465, § 6, eff from and after July 1, 1987.]

§45-31-11. [Laws, 1987, ch. 465, § 7, eff from and after July 1, 1987.]

§45-31-12. [Laws, 1993, ch. 512, § 1; Laws, 1996, ch. 479, § 2; Laws, 1998, ch. 327, § 1; Laws, 1999, ch. 329, § 6; Laws, 1999, ch. 330, § 1, eff from and after July 1, 1999.]

§45-31-13. [Laws, 1987, ch. 465, § 8, eff from and after July 1, 1987.]

§45-31-15. [Laws, 1987, ch. 465, § 9, eff from and after July 1, 1987.]

§45-31-17. [Laws, 1987, ch. 465, § 10, eff from and after July 1, 1987.]

§45-31-19. [Laws, 1987, ch. 465, § 11, eff from and after July 1, 1987.]

Editor’s Notes —

Former §§45-31-1 through45-31-19 comprised the Sex Offense Criminal History Record Information Act. For present similar provisions, see the Mississippi Sex Offenders Registration Law, §§45-33-21 et seq.

Chapter 33. Registration of Sex Offenders

§§ 45-33-1 through 45-33-19. Repealed.

Repealed by Laws, 2000, ch. 499, § 20, eff from and after July 1, 2000.

§45-33-1. [Laws, 1994, ch. 514, § 1; Laws, 1995, ch. 595, § 1; Laws, 1997, ch. 454, § 1; Laws, 1998, ch. 358, § 1, eff from and after passage (approved March 16, 1998).]

§45-33-3. [Laws, 1994, ch. 514, § 2; Laws, 1995, ch. 595, § 2; Laws, 1997, ch. 454, § 2, eff from and after passage (approved March 25, 1997).]

§45-33-5. [Laws, 1994, ch. 514, § 3; Laws, 1995, ch. 595, § 3; Laws, 1997, ch. 454, § 3; Laws, 1998, ch. 358, § 2, eff from and after passage (approved March 16, 1998).]

§45-33-7. [Laws, 1994, ch. 514, § 4; Laws, 1995, ch. 595, § 4; Laws, 1996, ch. 325, § 1, eff from and after passage (approved March 17, 1996).]

§45-33-9. [Laws, 1994, ch. 514, § 5; Laws, 1995, ch. 595, § 5; Laws, 1997, ch. 454, § 4, eff from and after passage (approved March 25, 1997).]

§45-33-11. [Laws, 1994, ch. 514, § 6, eff from and after July 1, 1994.]

§45-33-13. [Laws, 1994, ch. 514, § 7; Laws, 1995, ch. 595, § 6; Laws, 1997, ch. 454, § 5; Laws, 1998, ch. 358, § 3, eff from and after passage (approved March 16, 1998).]

§45-33-15. [Laws, 1994, ch. 514, § 8; Laws, 1995, ch. 595, § 7, eff from and after July 1, 1995.]

§45-33-17. [Laws, 1995, ch. 595, § 8; Laws, 1998, ch. 358, § 4, eff from and after passage (approved March 16, 1998).]

§45-33-19. [Laws, 1995, ch. 595, § 9; Laws, 1997, ch. 454, § 6, eff from and after passage (approved March 25, 1997).]

Editor’s Notes —

Former §45-33-1 related to sex offender registration requirements, process and penalties.

Former §45-33-3 related to the central registry of sex offenders in the Department of Safety and the duties of those registering offenders.

Former §45-33-5 related to notification requirements to those charged with the commission of sex offenses and persons acquitted by reason of insanity.

Former §45-33-7 related to written notifications and acknowledgements upon confinement and release of offenders.

Former §45-33-9 related to written notifications and acknowledgements to inmates and offenders by jails and juvenile detention facilities.

Former §45-33-11 related to written information on registration requirements to be given to applicants for driver’s licenses.

Former §45-33-13 related to the procedure for obtaining relief from the duty to register.

Former §45-33-15 related to a system for DNA identification.

Former §45-33-17 related to the release of information, and immunity from related liability.

Former §45-33-19 related to immunity for providing or failing to provide information concerning procedures applying to sex offenders and the prohibition against the release of victim identities.

§ 45-33-21. Legislative findings and declaration of purpose.

The Legislature finds that the danger of recidivism posed by criminal sex offenders and the protection of the public from these offenders is of paramount concern and interest to government. The Legislature further finds that law enforcement agencies’ efforts to protect their communities, conduct investigations, and quickly apprehend criminal sex offenders are impaired by the lack of information shared with the public, which lack of information may result in the failure of the criminal justice system to identify, investigate, apprehend, and prosecute criminal sex offenders.

The Legislature further finds that the system of registering criminal sex offenders is a proper exercise of the state’s police power regulating present and ongoing conduct. Comprehensive registration and periodic address verification will provide law enforcement with additional information critical to preventing sexual victimization and to resolving promptly incidents involving sexual abuse and exploitation. It will allow law enforcement agencies to alert the public when necessary for the continued protection of the community.

Persons found to have committed a sex offense have a reduced expectation of privacy because of the public’s interest in safety and in the effective operation of government. In balancing offenders’ due process and other rights, and the interests of public security, the Legislature finds that releasing such information about criminal sex offenders to the general public will further the primary governmental interest of protecting vulnerable populations and, in some instances the public, from potential harm.

Therefore, the state’s policy is to assist local law enforcement agencies’ efforts to protect their communities by requiring criminal sex offenders to register, to record their addresses of residence, to be photographed and fingerprinted, and to authorize the release of necessary and relevant information about criminal sex offenders to the public as provided in this chapter, which may be referred to as the Mississippi Sex Offenders Registration Law.

HISTORY: Laws, 2000, ch. 499, § 1, eff from and after July 1, 2000.

Cross References —

Criminal history record checks and fingerprinting for health care professional/vocational technical students, see §37-29-232.

Criminal history record checks and fingerprinting required for new employees providing direct patient care at University of Mississippi Medical Center, see §37-115-41.

Restrictions on employment by or operation of child care facilities by registered sex offenders, see §§43-15-301 et seq.

JUDICIAL DECISIONS

1. In general.

Because a juvenile’s adjudication of delinquency for the strict-liability crime of sexual battery against a victim under the age of fourteen involved the use of force, the juvenile had to register as a sex offender. The requirement to register as a sex offender did not punish the juvenile, but protected the public from repeat offenses. L.B.C. v. Forrest Cty. Youth Court, — So.3d —, 2017 Miss. LEXIS 443 (Miss. Nov. 30, 2017).

OPINIONS OF THE ATTORNEY GENERAL

As long as the provisions of a municipal ordinance requiring the registration of sex offenders supplement, and do not conflict, with the provisions of Section 45-33-21, a municipality is within the authority granted it by Section 21-17-5 to enact such an ordinance. Gibson, Apr. 21, 2006, A.G. Op. 05-0382.

§ 45-33-23. Definitions.

For the purposes of this chapter, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:

“Conviction” means that, regarding the person’s offense, there has been a determination or judgment of guilt as a result of a trial or the entry of a plea of guilty or nolo contendere regardless of whether adjudication is withheld. “Conviction of similar offenses” includes, but is not limited to, a conviction by a federal or military tribunal, including a court-martial conducted by the Armed Forces of the United States, a conviction for an offense committed on an Indian Reservation or other federal property, a conviction in any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Marianna Islands or the United States Virgin Islands, and a conviction in a foreign country if the foreign country’s judicial system is such that it satisfies minimum due process set forth in the guidelines under Section 111(5)(B) Public Law 109-248.

“Department” means the Mississippi Department of Public Safety unless otherwise specified.

“Jurisdiction” means any court or locality including any state court, federal court, military court, Indian tribunal or foreign court, the fifty (50) states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Marianna Islands or the United States Virgin Islands, and Indian tribes that elect to function as registration jurisdictions under Title 1, SORNA Section 127 of the Adam Walsh Child Safety Act.

“Permanent residence” means a place where the person abides, lodges, or resides for a period of fourteen (14) or more consecutive days.

“Registration” means providing information to the appropriate agency within the timeframe specified as required by this chapter.

“Registration duties” means obtaining the registration information required on the form specified by the department as well as the photograph, fingerprints and biological sample of the registrant. Biological samples are to be forwarded to the Mississippi Forensics Laboratory pursuant to Section 45-33-37; the photograph, fingerprints and other registration information are to be forwarded to the Department of Public Safety immediately.

“Responsible agency” is defined as the person or government entity whose duty it is to obtain information from a criminal sex offender upon conviction and to transmit that information to the Mississippi Department of Public Safety.

For a criminal sex offender being released from the custody of the Department of Corrections, the responsible agency is the Department of Corrections.

For a criminal sex offender being released from a county jail, the responsible agency is the sheriff of that county.

For a criminal sex offender being released from a municipal jail, the responsible agency is the police department of that municipality.

For a sex offender in the custody of the youth court, the responsible agency is the youth court.

For a criminal sex offender who is being placed on probation, including conditional discharge or unconditional discharge, without any sentence of incarceration, the responsible agency is the sentencing court.

For an offender who has been committed to a mental institution following an acquittal by reason of insanity, the responsible agency is the facility from which the offender is released. Specifically, the director of the facility shall notify the Department of Public Safety before the offender’s release.

For a criminal sex offender who is being released from a jurisdiction outside this state or who has a prior conviction in another jurisdiction and who is to reside, work or attend school in this state, the responsible agency is both the sheriff of the proposed county of residence and the department.

“Sex offense” or “registrable offense” means any of the following offenses:

Section 97-3-53 relating to kidnapping, if the victim was below the age of eighteen (18);

Section 97-3-65 relating to rape; however, conviction or adjudication under Section 97-3-65(1)(a) when the offender was eighteen (18) years of age or younger at the time of the alleged offense, shall not be a registrable sex offense;

Section 97-3-71 relating to rape and assault with intent to ravish;

Section 97-3-95 relating to sexual battery; however, conviction or adjudication under Section 97-3-95(1)(c) when the offender was eighteen (18) years of age or younger at the time of the alleged offense, shall not be a registrable sex offense;

Section 97-5-5 relating to enticing a child for concealment, prostitution or marriage;

Section 97-5-23 relating to the touching of a child, mentally defective or incapacitated person or physically helpless person for lustful purposes;

Section 97-5-27 relating to the dissemination of sexually oriented material to children;

Section 97-5-33 relating to the exploitation of children;

Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner;

Section 97-29-3 relating to sexual intercourse between teacher and student;

Section 97-29-59 relating to unnatural intercourse;

Section 43-47-18 relating to sexual abuse of a vulnerable person;

Section 97-3-54.1(1)(c) relating to procuring sexual servitude of a minor and Section 97-3-54.3 relating to aiding, abetting or conspiring to violate Section 97-3-54.1(1)(c);

Section 97-29-61(2) relating to voyeurism when the victim is a child under sixteen (16) years of age;

Section 97-29-63 relating to filming another without permission where there is an expectation of privacy;

Section 97-29-45(1)(a) relating to obscene electronic communication;

Section 97-3-104 relating to the crime of sexual activity between law enforcement, correctional or custodial personnel and prisoners;

Section 97-5-39(1)(e) relating to contributing to the neglect or delinquency of a child, felonious abuse or battery of a child, if the victim was sexually abused;

Section 97-29-51 relating to procuring or promoting prostitution when the victim is a child under eighteen (18) years of age;

Section 97-1-7 relating to attempt to commit any of the offenses referenced in this paragraph (h);

Any other offense resulting in a conviction in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere;

Any offense resulting in a conviction in another jurisdiction for which registration is required in the jurisdiction where the conviction was had;

Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this section;

Capital murder when one (1) of the above-described offenses is the underlying crime.

“Temporary residence” is defined as any place where the person abides, lodges, or resides for a period of seven (7) or more consecutive days which is not the person’s permanent residence.

“Address” means the actual physical street address of a person’s permanent or temporary residence. For a person who is homeless but is subject to registration under this chapter, the address information must provide a specific description of where the person habitually lives; the term “homeless” or similar description does not constitute an address within the contemplation of this chapter.

HISTORY: Laws, 2000, ch. 499, § 2; Laws, 2001, ch. 500, § 1; Laws, 2006, ch. 328, § 3; Laws, 2006, ch. 563, § 1; Laws, 2006, ch. 583, § 7; Laws, 2007, ch. 392, § 1; Laws, 2009, ch. 411, § 1; Laws, 2011, ch. 359, § 1; Laws, 2012, ch. 557, § 3; Laws, 2013, ch. 521, § 1; Laws, 2015, ch. 452, § 9; Laws, 2016, ch. 362, § 2, eff from and after passage (approved Apr. 6, 2016); Laws, 2019, ch. 405, § 3, eff from and after July 1, 2019.

Joint Legislative Committee Note —

Section 3 of ch. 328, Laws of 2006, effective from and after July 1, 2006 (approved March 9, 2006), amended this section. Section 1 of ch. 563, Laws of 2006, effective from and after July 1, 2006 (approved April 24, 2006), also amended this section. Section 7 of ch. 583, Laws of 2006, effective July 1, 2006 (approved April 21, 2006), also amended this section. As set out above, this section reflects the language of Section 7 of ch. 583, Laws of 2006, pursuant to its own terms, which contain language that specifically provides that it supersedes the amendments made by ch. 328, § 3, and ch. 563, § 1.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in a statutory reference in (h)(xviii) by substituting “ Section 97-5-39(1)(e)” for “ Section 97-5-39(1)(c).” The Joint Committee ratified the correction at its July 24, 2014, meeting.

Editor’s Notes —

Chapter 521, Laws of 2013, which amended this section, is known as “Lenora’s Law.”

Laws of 2013, ch. 521, § 8, provides:

“SECTION 8. This act shall take effect and be in force from and after January 1, 2014, and shall apply to registration and monitoring offenses committed on or after that date.”

Amendment Notes —

The first 2006 amendment (ch. 328), inserted present (g)(xiii) and redesignated former (g)(xiii) and (xiv) as present (g)(xiv) and (xv).

The second 2006 amendment (ch. 563), rewrote (g)(vi).

The third 2006 amendment (ch. 583), rewrote (g)(vi) and added (g)(xiv).

The 2007 amendment added the language following “any state of the United States” in (a); added “or foreign court” at the end of (b); added “immediately” at the end of (e); in (g), added (xv) and (xviii), redesignated former (xv) and (xvi) as present (xvi) and (xvii), and deleted “whether state, federal or military” following “another jurisdiction” in (xvi) and (xvii); and made minor stylistic changes.

The 2009 amendment added (g)(xix).

The 2011 amendment inserted the text beginning “the District of Columbia, the Commonwealth of Puerto Rico” and ending “or the United States Virgin Islands” in (a); rewrote (b) and (f)(vii); inserted “or registrable offense” in (g); deleted “on or after July 1, 1988” following “Section 97-3-65(1)(a)” in (g)(ii) and (iv); deleted former (g)(xii) relating to Section 97-29-3; added (g)(xv) through (xvii); rewrote (h); and made minor stylistic changes.

The 2012 amendment inserted (g)(xiv) and made related redesignations.

The 2013 amendment, effective January 1, 2014, added (b); added (h)(x); deleted former (h)(xi) which added Section 97-1-7 to the list of registrable offenses; in (h)(xiii), inserted “and Section 97-3-54.3 relating to aiding, abetting or conspiring to violate Section 97-3-54.1(1)(c)”; deleted former (i) which defined “Department”; and made minor stylistic changes.

The 2015 amendment substituted “Mississippi Forensics Laboratory” for “State Crime Laboratory” in (f).

The 2016 amendment, in (h), added (xix) and redesignated the remaining subparagraphs accordingly, and in (xx), substituted “commit any of the offenses referenced in this paragraph (h)” for “commit any of the above-referenced offenses.”

The 2019 amendment added (j).

Federal Aspects—

The Adam Walsh Child Protection and Safety Act, see 42 USCS §§ 16901 et seq.

JUDICIAL DECISIONS

1. Registrable offense.

2. Expungement of conviction.

3. Sex offense.

1. Registrable offense.

Statute and the federal statutes are not in “conflict” such that the statute violated defendant’s constitutional rights; rather, the Legislature decided to expand the definitions found in the federal statutes to include, as a sex offense subject to classification and registration, the crime of kidnapping a minor under the age of sixteen, and the Legislature’s expansion of the sex-offender registration laws is permissible. Thomas v. Miss. Dep't of Corr., 248 So.3d 786, 2018 Miss. LEXIS 129 (Miss. 2018).

Circuit court did not err in denying defendant’s petition for relief from registrations as a sex offender because defendant did not meet the exemption to the registration requirement set forth in subsection (h)(ii); defendant’s crime of statutory rape constituted a registrable offense, subject to the registration requirements. Williams v. State, 161 So.3d 1124, 2015 Miss. App. LEXIS 197 (Miss. Ct. App. 2015).

Defendant failed to provide any evidence or argument to support his claim that he was not required to register in the State of California, and the record lacked any indication that defendant had received a certificate of rehabilitation in California. Based on the record before the Supreme Court, defendant’s conviction was a registrable offense. Witten v. State ex rel. Miss. Dep't of Pub. Safety, 145 So.3d 625, 2014 Miss. LEXIS 308 (Miss. 2014).

2. Expungement of conviction.

Expungement of a misdemeanor, fourth-degree, sexual-offense conviction in Maryland by the court that entered the conviction entitled defendant to relief from his duty to register as a sex offender in Mississippi because, at the moment defendant’s Maryland conviction was expunged, the law provided that he was restored to the status he had occupied before he was convicted, which meant that – in the eyes of the law – he had no conviction for a registrable sexual offense, and, without such conviction, he had no duty to register as a sex offender. Stallworth v. State, 160 So.3d 1161, 2015 Miss. LEXIS 171 (Miss. 2015).

3. Sex offense.

Mississippi Department of Corrections requiring defendant to serve his full, fifteen-year sentence, consistent with the statute, imposed by the circuit court, was not an extension or increase in defendant’s sentence because the denial of any reduction to his sentence was not equivalent the Department “resentencing” him. Thomas v. Miss. Dep't of Corr., 248 So.3d 786, 2018 Miss. LEXIS 129 (Miss. 2018).

Circuit court did not err in affirming the denial of defendant’s claim that he he was being improperly classified as a sex offender and was entitled to trusty time or meritorious earned time because defendant’s conviction for kidnapping a minor under the age of sixteen made him ineligible for parole and ineligible for any reduction in his sentence. Thomas v. Miss. Dep't of Corr., 248 So.3d 786, 2018 Miss. LEXIS 129 (Miss. 2018).

Sexual battery against a victim under the age of fourteen is within the definition of sex offenses. L.B.C. v. Forrest Cty. Youth Court, — So.3d —, 2017 Miss. LEXIS 443 (Miss. Nov. 30, 2017).

Interstate removal of a child is not a sex offense and carries no mandatory sentence. Ferrell v. State, 158 So.3d 1204, 2015 Miss. App. LEXIS 65 (Miss. Ct. App. 2015).

OPINIONS OF THE ATTORNEY GENERAL

A violation of §99-29-63, which prohibits photographing or filming another without permission where there is an expectation of privacy, is not a “sex crime” for the purpose of determining eligibility for parole or the intensive supervision program. Johnson, June 14, 2002, A.G. Op. #02-0336.

RESEARCH REFERENCES

ALR.

Validity, Construction, and Application of State Statute Including “Sexually Motivated Offenses” Within Definition of Sex Offense for Purposes of Sentencing or Classification of Defendant as Sex Offender. 30 A.L.R.6th 373.

§ 45-33-25. Registration with Mississippi Department of Public Safety of persons convicted of or acquitted by reason of insanity of registrable offenses residing, employed or attending school in Mississippi; registration information; prohibition against registered sex offenders living within specified distance of schools, certain child care facilities or agencies or playgrounds or other recreational facilities utilized by children.

    1. Any person having a permanent or temporary residence in this state or who is employed or attending school in this state who has been convicted of a registrable offense in this state or another jurisdiction or who has been acquitted by reason of insanity of a registrable offense in this state or another jurisdiction shall register with the responsible agency and the Mississippi Department of Public Safety. Registration shall not be required for an offense that is not a registrable sex offense or for an offender who is under fourteen (14) years of age. The department shall provide the initial registration information as well as every change of name, change of address, change of status at a school, or other change of information as required by the department to the sheriff of the county of the residence address of the registrant, the sheriff of the county of the employment address, and the sheriff of the county of the school address, if applicable, and any other jurisdiction of the registrant through either written notice, electronic or telephone transmissions, or online access to registration information. Further, the department shall provide this information to the Federal Bureau of Investigation. Additionally, upon notification by the registrant that he intends to reside outside the State of Mississippi, the department shall notify the appropriate state law enforcement agency of any state to which a registrant is moving or has moved.
    2. Any person having a permanent or temporary residence or who is employed or attending school in this state who has been adjudicated delinquent for a registrable sex offense listed in this paragraph that involved use of force against the victim shall register as a sex offender with the responsible agency and shall personally appear at a Mississippi Department of Public Safety Driver’s License Station within three (3) business days of registering with the responsible agency:
      1. Section 97-3-71 relating to rape and assault with intent to ravish;
      2. Section 97-3-95 relating to sexual battery;
      3. Section 97-3-65 relating to statutory rape; or
      4. Conspiracy to commit, accessory to the commission of, or attempt to commit any offense listed in this paragraph.
  1. Any person required to register under this chapter shall submit the following information at the time of registration:
    1. Name, including a former name which has been legally changed;
    2. Street address of all current permanent and temporary residences within state or out of state at which the sex offender resides or habitually lives, including dates of temporary lodgings. There is a presumption that a registrant owes a duty of updating registration information if:
      1. The registrant remains away from a registered address for seven (7) or more consecutive days; or
      2. If the registrant remains at another address between the hours of 10:00 p.m. and 6:00 a.m. for more than seven (7) consecutive days;
    3. Date, place and address of employment, including as a volunteer or unpaid intern or as a transient or day laborer;
    4. Crime for which charged, arrested or convicted;
    5. Date and place of conviction, adjudication or acquittal by reason of insanity;
    6. Aliases used or nicknames, ethnic or tribal names by which commonly known;
    7. Social security number and any purported social security number or numbers;
    8. Date and place of birth and any purported date and place of birth;
    9. Age, race, sex, height, weight, hair and eye colors, and any other physical description or identifying factors;
    10. A brief description of the offense or offenses for which the registration is required;
    11. Driver’s license or state or other jurisdiction identification card number, which license or card may be electronically accessed by the Department of Public Safety;
    12. Anticipated future residence;
    13. If the registrant’s residence is a motor vehicle, trailer, mobile home or manufactured home, the registrant shall also provide vehicle identification number, license tag number, registration number and a description, including color scheme, of the motor vehicle, trailer, mobile home or manufactured home; if the registrant’s place of residence is a vessel or houseboat, the registrant shall also provide the hull identification number, manufacturer’s serial number, name of the vessel or houseboat, registration number and a description, including color scheme, of the vessel or houseboat, including permanent or frequent locations where the motor vehicle, trailer, mobile home, manufactured home, vessel or houseboat is kept;
    14. Vehicle make, model, color and license tag number for all vehicles owned or operated by the sex offender, whether for work or personal use, and the permanent or frequent locations where a vehicle is kept;
    15. Offense history;
    16. Photograph;
    17. Fingerprints and palm prints;
    18. Documentation of any treatment received for any mental abnormality or personality disorder of the person;
    19. Biological sample;
    20. Name of any public or private educational institution, including any secondary school, trade or professional institution or institution of higher education at which the offender is employed, carries on a vocation (with or without compensation) or is enrolled as a student, or will be enrolled as a student, and the registrant’s status;
    21. Copy of conviction or sentencing order for the sex offense for which registration is required;
    22. The offender’s parole, probation or supervised release status and the existence of any outstanding arrest warrants;
    23. Every online identity, screen name or username used, registered or created by a registrant;
    24. Professional licensing information which authorizes the registrant to engage in an occupation or carry out a trade or occupation;
    25. Information from passport and immigration documents;
    26. All telephone numbers, including, but not limited to, permanent residence, temporary residence, cell phone and employment phone numbers, whether landlines or cell phones; and
    27. Any other information deemed necessary.
  2. For purposes of this chapter, a person is considered to be residing in this state if he maintains a permanent or temporary residence as defined in Section 45-33-23, including students, temporary employees and military personnel on assignment.
    1. A person required to register under this chapter shall not reside within three thousand (3,000) feet of the real property comprising a public or nonpublic elementary or secondary school, a child care facility, a residential child-caring agency, a children’s group care home or any playground, ballpark or other recreational facility utilized by persons under the age of eighteen (18) years.
    2. A person residing within three thousand (3,000) feet of the real property comprising a public or nonpublic elementary or secondary school or a child care facility does not commit a violation of this subsection if any of the following apply:
      1. The person is serving a sentence at a jail, prison, juvenile facility or other correctional institution or facility.
      2. The person is subject to an order of commitment under Title 41, Mississippi Code of 1972.
      3. The person established the subject residence before July 1, 2006.
      4. The school or child care facility is established within three thousand (3,000) feet of the person’s residence subsequent to the date the person established residency.
      5. The person established the subject residence between July 1, 2006, and January 1, 2014, in a location at least one thousand five hundred (1,500) feet from the school or child care facility.
      6. The person is a minor or a ward under a guardianship.
    3. A person residing within three thousand (3,000) feet of the real property comprising a residential child-caring agency, a children’s group care home or any playground, ballpark or other recreational facility utilized by persons under the age of eighteen (18) years does not commit a violation of this subsection if any of the following apply:
      1. The person established the subject residence before July 1, 2008.
      2. The residential child-caring agency, children’s group care home, playground, ballpark or other recreational facility utilized by persons under the age of eighteen (18) years is established within three thousand (3,000) feet of the person’s residence subsequent to the date the person established residency.
      3. The person established the subject residence between July 1, 2008, and January 1, 2014, in a location at least one thousand five hundred (1,500) feet from the residential child-caring agency, children’s group care home, playground, ballpark or other recreational facility utilized by persons under the age of eighteen (18) years.
      4. Any of the conditions described in subsection (4)(b)(i), (ii) or (vi) exist.
  3. The Department of Public Safety is required to obtain the text of the law defining the offense or offenses for which the registration is required.

HISTORY: Laws, 2000, ch. 499, § 3; Laws, 2001, ch. 500, § 2; Laws, 2006, ch. 566, § 2; Laws, 2007, ch. 392, § 2; Laws, 2008, ch. 424, § 1; Laws, 2011, ch. 359, § 2; Laws, 2013, ch. 521, § 2, eff from and after Jan. 1, 2014.

Editor’s Notes —

Chapter 521, Laws of 2013, which amended this section, is known as “Lenora’s Law.”

Laws of 2013, ch. 521, § 8, provides:

“SECTION 8. This act shall take effect and be in force from and after January 1, 2014, and shall apply to registration and monitoring offenses committed on or after that date.”

Amendment Notes —

The 2006 amendment rewrote (2)(b); added “Date and” at the beginning of (2)(c); added (2)(m), (2)(n) and (2)(u); redesignated former (2)(m) through (2)(r) as present (2)(o) through (2)(t), and former (2)(s) as present (2)(v); rewrote (2)(t); and added (4).

The 2007 amendment, in (1), added (b) and redesignated the former first paragraph as (a); in the first sentence of (1)(a), substituted “having a permanent or temporary residence” for “residing,” and deleted “or twice adjudicated delinquent for any sex offense or attempted sex offense” preceding “shall register”; in the second sentence of (1)(a), added the language following “registrable sex offense”; in (2), rewrote (b), inserted “and address” in (c), added the language following “eye colors” in (i), substituted present (k) for former (k) which read: “Identifying factors,” added “and palm prints” at the end of (q), and added (v) and (w) and redesignated former (v) as present (x); added (5); and made minor stylistic changes.

The 2008 amendment added “a residential child-caring agency, a children’s group care home or any playground, ball park or other recreational facility utilized by persons under the age of eighteen (18) years” to the end of (4)(a); substituted “person’s residence” for “school or child care facility” in (4)(b)(iii); added (4)(c); and made a minor stylistic change.

The 2011 amendment rewrote the first and third sentences of (1)(a); rewrote (1)(b), (2)(b) and (c); inserted “charged, arrested or” in (2)(d); rewrote (2)(f) through (h); inserted “or other jurisdiction” following “Driver’s license or state” in (2)(k); added “including permanent or frequent locations where . . . vessel or houseboat is kept” at the end of (2)(m); rewrote (2)(n); inserted “or will be enrolled as a student” near the end of (2)(t); and added (2)(x) through (2)(z); and made minor stylistic changes.

The 2013 amendment, effective January 1, 2014, inserted “or who has been acquitted by reason of insanity of a registrable offense in this state or another jurisdiction” preceding “shall register with the responsible” in the first sentence in (1)(a); added the last sentence in (2)(b); added (2)(b)(i) and (ii); substituted “three thousand (3,000)” for “one thousand five hundred (1,500)” throughout; added (4)(b)(v); added (4)(c)(iii); and made minor stylistic changes.

Cross References —

Commitment under Title 41, Mississippi Code of 1972, see §§41-21-61 et seq.

Prohibition against sex offender being present in or within a certain distance of a school building or school property, see §45-33-26.

Registered sex offender’s identification card to identify cardholder as sex offender, see §45-35-3.

JUDICIAL DECISIONS

1. Constitutionality.

2. Resident.

3. Registrable offenses.

4. Guilty pleas.

1. Constitutionality.

Court of appeals declined to find that the sex-offender-registration statutory scheme violated the Ex Post Facto Clause because there was no intervening decision by either the United States Supreme Court or Mississippi Supreme Court. Williams v. State, 161 So.3d 1124, 2015 Miss. App. LEXIS 197 (Miss. Ct. App. 2015).

2. Resident.

Defendant’s motion for a directed verdict was denied in a case involving a failure to register as a sex offender under Miss. Code Ann. §45-33-25 because the state proved that defendant was a resident of Mississippi where a friend testified that defendant had lived beside the defendant for six to nine months, and saw defendant on a regular basis. Potts v. State, 955 So. 2d 913, 2007 Miss. App. LEXIS 256 (Miss. Ct. App. 2007).

3. Registrable offenses.

Because a juvenile’s adjudication of delinquency for the strict-liability crime of sexual battery against a victim under the age of fourteen involved the use of force, the juvenile had to register as a sex offender. Force was presumed as a child could not consent to sexual battery by operation of law. L.B.C. v. Forrest Cty. Youth Court, — So.3d —, 2017 Miss. LEXIS 443 (Miss. Nov. 30, 2017).

In a case in which defendant was convicted for failure to register as a sex offender, the trial court was right to exclude a police report as hearsay but still allow a detective’s testimony about the address defendant gave him. Durr v. State, 186 So.3d 903, 2015 Miss. App. LEXIS 468 (Miss. Ct. App. 2015).

Offender was required to continue registering as a sex offender under Miss. Code Ann. §45-33-47 due to his guilty plea to a Maryland sex offense because: (1) the offender admitted in his plea that he had placed his hands on the victim’s vagina without her consent; and (2) his conduct and plea satisfied the elements of the Mississippi crime of attempted sexual battery, which was a registrable offense in Mississippi. Stallworth v. Miss. Dep't of Pub. Safety, 986 So. 2d 259, 2008 Miss. LEXIS 258 (Miss. 2008).

Neither the record nor the trial court’s order substantiated the petitioner’s statement that the sentencing judge ordered that he did not have to comply with sex offender registration, Miss. Code Ann. §45-33-25. Payton v. State, 845 So. 2d 713, 2003 Miss. App. LEXIS 398 (Miss. Ct. App.), cert. denied, 859 So. 2d 392, 2003 Miss. LEXIS 436 (Miss. 2003), cert. denied, 540 U.S. 1078, 124 S. Ct. 931, 157 L. Ed. 2d 751, 2003 U.S. LEXIS 9076 (U.S. 2003).

4. Guilty pleas.

Trial judge is not required, prior to accepting a guilty plea, to inform a defendant of the sex offender registration laws, Miss. Code Ann. §§45-33-25 through45-33-31 because Miss. Code Ann. §45-33-39(1) confers no right on a criminal defendant charged with a sex crime and imposes no duty on trial judges, and since the requirement to register as a sex offender is a collateral consequence of a guilty plea, the trial court will not be put in error for failing to advise a defendant of the registration requirements before accepting his guilty plea; the Mississippi legislative branch of government may not, through procedural legislation, control the function of the judiciary, and subservience to legislation that mandates what trial judges must say to a defendant in a courtroom during a plea hearing would be tantamount to both an abdication of judicial duty, as well as tacit approval of legislative usurpation of the judicial prerogative. Ma