1 | 1 | | MISSISSIPPI LEGISLATURE 2025 Regular Session To: State Affairs; Appropriations A By: Representative Grady House Bill 1508 AN ACT TO CREATE THE MISSISSIPPI HEROES ACT; TO CREATE THE MISSISSIPPI HEROES SUPPORT FUND FOR THE PURPOSE OF PROVIDING SUPPLEMENTAL COMPENSATION TO MUNICIPAL, COUNTY AND STATE LAW ENFORCEMENT OFFICERS BASED ON YEARS OF CONTINUOUS SERVICE; TO PROVIDE RESTRICTIONS FOR QUALIFICATIONS OF LAW ENFORCEMENT OFFICERS; TO AMEND SECTIONS 99-19-73, 41-29-181, 99-19-307 AND 63-1-43, MISSISSIPPI CODE OF 1972, TO ADD ASSESSMENTS TO BE DEPOSITED INTO THE FUND; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. This act shall be known and may be cited as "The Mississippi Heroes Support Act". SECTION 2. (1) (a) The Mississippi Heroes Support Fund is hereby established. Thirty Dollars ($30.00) collected under subsection (1) of Section 99-19-73, Twenty Dollars ($20.00) collected under subsection (2) of Section 99-19-73, Thirty Dollars ($30.00) collected under subsection (8)(b) of Section 99-19-73, Ten Percent (10%) of monies collected from drug related forfeiture under Section 41-29-181, One Hundred Dollars ($100.00) collected under Section 99-19-307, Forty Dollars ($40.00) collected under Section 63-1-43 (1) for Class R and Class D licenses, monies collected from any other source and any other funds made available for deposit into the fund. The fund shall be administered by the board created in subsection (2) of this section and shall be made available for administration and implementation by the board to municipal, county and state law enforcement agencies that request such monies, based on availability of the funds. (b) Only law enforcement officers who meet the requirements in this section shall be eligible to receive monies from the fund for employment: (i) For five (5) consecutive years, an amount equal to Five Thousand Dollars ($5,000.00); (ii) For ten (10) consecutive years, an amount equal to Ten Thousand Dollars ($10,000.00); and (iii) For twenty (20) consecutive years, an amount equal to Twenty Thousand Dollars ($20,000.00); (c) When calculating the number of years for an award under this section, an officer must have uninterrupted and continuous service as an active duty law enforcement officer for the entire period for which the supplemental pay is requested. Only law enforcement officers who have never been terminated or suspended for any reason are eligible for payment under this act. (2) The fund shall be administered by a board composed of five (5) people with no less than four (4) years of professional experience in financial investments, banking or money management, and appointed as follows: (a) Two (2) people appointed by the Governor of the State of Mississippi; (b) One (1) person appointed by the Speaker of the Mississippi House of Representatives; (c) One (1) person appointed by the Lieutenant Governor; and (d) One (1) person appointed by the Attorney General. (3) The Mississippi Heroes Support Fund is created as a special fund in the State Treasury. Monies in the fund shall not lapse into the State General Fund at the end of the fiscal year, and all interest and other earnings on the monies in the Mississippi Heroes Support Fund shall be deposited to the credit of the fund. The monies in the fund shall be administered by the board created in subsection (2) of this section. SECTION 3. Section 99-19-73, Mississippi Code of 1972, is amended as follows: 99-19-73. (1) Traffic violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation in Title 63, Mississippi Code of 1972, except offenses relating to the Mississippi Implied Consent Law (Section 63-11-1 et seq.) and offenses relating to vehicular parking or registration: FUND AMOUNT State Court Education Fund............................. [Deleted] State Prosecutor Education Fund........................ [Deleted] Vulnerable Persons Training, Investigation and Prosecution Trust Fund........... [Deleted] Child Support Prosecution Trust Fund................... [Deleted] Driver Training Penalty Assessment Fund................. [Deleted] Law Enforcement Officers Training Fund................. [Deleted] Spinal Cord and Head Injury Trust Fund (for all moving violations)....................... [Deleted] Emergency Medical Services Operating Fund............... [Deleted] Mississippi Leadership Council on Aging Fund............ [Deleted] Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund......................... [Deleted] Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund.................... [Deleted] State Prosecutor Compensation Fund for the purpose of providing additional compensation for district attorneys and their legal assistants...... [Deleted] Crisis Intervention Mental Health Fund................. [Deleted] Intervention Court Fund................................ [Deleted] Judicial Performance Fund.............................. [Deleted] Capital Defense Counsel Fund........................... [Deleted] Indigent Appeals Fund.................................. [Deleted] Capital Post-Conviction Counsel Fund................... [Deleted] Victims of Domestic Violence Fund...................... [Deleted] Public Defenders Education Fund........................ [Deleted] Domestic Violence Training Fund........................ [Deleted] Attorney General's Cyber Crime Unit.................... [Deleted] Children's Safe Center Fund............................ [Deleted] DuBard School for Language Disorders Fund............... [Deleted] Children's Advocacy Centers Fund....................... [Deleted] Judicial System Operation Fund......................... [Deleted] Mississippi Heroes Support Fund.............................30.00 * * *GENERAL FUND State General Fund.............................. $ 90.50 TOTAL STATE ASSESSMENT................................ 120.50 (2) Implied Consent Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or any other penalty for any violation of the Mississippi Implied Consent Law (Section 63-11-1 et seq.): FUND AMOUNT Crime Victims' Compensation Fund....................... [Deleted] State Court Education Fund............................. [Deleted] State Prosecutor Education Fund........................ [Deleted] Vulnerable Persons Training, Investigation and Prosecution Trust Fund........... [Deleted] Child Support Prosecution Trust Fund................... [Deleted] Driver Training Penalty Assessment Fund................. [Deleted] Law Enforcement Officers Training Fund................. [Deleted] Emergency Medical Services Operating Fund............... [Deleted] Mississippi Alcohol Safety Education Program Fund....... [Deleted] Federal-State Alcohol Program Fund..................... [Deleted] Mississippi Forensics Laboratory Implied Consent Law Fund.......................... [Deleted] Spinal Cord and Head Injury Trust Fund................. [Deleted] Capital Defense Counsel Fund........................... [Deleted] Indigent Appeals Fund.................................. [Deleted] Capital Post-Conviction Counsel Fund................... [Deleted] Victims of Domestic Violence Fund...................... [Deleted] Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund......................... [Deleted] Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund.................... [Deleted] State Prosecutor Compensation Fund for the purpose of providing additional compensation for district attorneys and their legal assistants...... [Deleted] Crisis Intervention Mental Health Fund................. [Deleted] Intervention Court Fund................................ [Deleted] Statewide Victims' Information and Notification System Fund.......................... [Deleted] Public Defenders Education Fund........................ [Deleted] Domestic Violence Training Fund........................ [Deleted] Attorney General's Cyber Crime Unit.................... [Deleted] Mississippi Heroes Support Fund..............................20.00 * * *GENERAL FUND State General Fund.............................. $ 243.50 TOTAL STATE ASSESSMENT......................................263.50 (3) Game and Fish Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of the game and fish statutes or regulations of this state: FUND AMOUNT State Court Education Fund............................. [Deleted] State Prosecutor Education Fund........................ [Deleted] Vulnerable Persons Training, Investigation and Prosecution Trust Fund........... [Deleted] Law Enforcement Officers Training Fund................. [Deleted] Hunter Education and Training Program Fund.............. [Deleted] Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund......................... [Deleted] Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund.................... [Deleted] State Prosecutor Compensation Fund for the purpose of providing additional compensation for district attorneys and their legal assistants............... [Deleted] Crisis Intervention Mental Health Fund................. [Deleted] Intervention Court Fund................................ [Deleted] Capital Defense Counsel Fund........................... [Deleted] Indigent Appeals Fund.................................. [Deleted] Capital Post-Conviction Counsel Fund................... [Deleted] Victims of Domestic Violence Fund...................... [Deleted] Public Defenders Education Fund........................ [Deleted] Domestic Violence Training Fund........................ [Deleted] Attorney General's Cyber Crime Unit.................... [Deleted] GENERAL FUND...................................... $ 89.00 (4) [Deleted] (5) Speeding, reckless and careless driving violations. In addition to any assessment imposed under subsection (1) or (2) of this section, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for driving a vehicle on a road or highway: (a) At a speed that exceeds the posted speed limit by at least ten (10) miles per hour but not more than twenty (20) miles per hour..................................................... $10.00 (b) At a speed that exceeds the posted speed limit by at least twenty (20) miles per hour but not more than thirty (30) miles per hour......................................................... $20.00 (c) At a speed that exceeds the posted speed limit by thirty (30) miles per hour or more............................... $30.00 (d) In violation of Section 63-3-1201, which is the offense of reckless driving......................................... $10.00 (e) In violation of Section 63-3-1213, which is the offense of careless driving......................................... $10.00 All assessments collected under this subsection shall be deposited into the State General Fund. (6) Other misdemeanors. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any misdemeanor violation not specified in subsection (1), (2) or (3) of this section, except offenses relating to vehicular parking or registration: FUND AMOUNT Crime Victims' Compensation Fund....................... [Deleted] State Court Education Fund............................. [Deleted] State Prosecutor Education Fund........................ [Deleted] Vulnerable Persons Training, Investigation and Prosecution Trust Fund........................ [Deleted] Child Support Prosecution Trust Fund................... [Deleted] Law Enforcement Officers Training Fund................. [Deleted] Capital Defense Counsel Fund........................... [Deleted] Indigent Appeals Fund.................................. [Deleted] Capital Post-Conviction Counsel Fund................... [Deleted] Victims of Domestic Violence Fund...................... [Deleted] State Crime Stoppers Fund.............................. [Deleted] Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund......................... [Deleted] Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund.................... [Deleted] State Prosecutor Compensation Fund for the purpose of providing additional compensation for district attorneys and their legal assistants...... [Deleted] Crisis Intervention Mental Health Fund................. [Deleted] Intervention Court Fund................................ [Deleted] Judicial Performance Fund.............................. [Deleted] Statewide Victims' Information and Notification System Fund.......................... [Deleted] Public Defenders Education Fund........................ [Deleted] Domestic Violence Training Fund........................ [Deleted] Attorney General's Cyber Crime Unit.................... [Deleted] Information Exchange Network Fund...................... [Deleted] Motorcycle Officer Training Fund....................... [Deleted] Civil Legal Assistance Fund............................ [Deleted] Justice Court Collections Fund......................... [Deleted] Municipal Court Collections Fund....................... [Deleted] GENERAL FUND........................................$121.75 (7) Other felonies. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any felony violation not specified in subsection (1), (2) or (3) of this section: FUND AMOUNT Crime Victims' Compensation Fund....................... [Deleted] State Court Education Fund............................. [Deleted] State Prosecutor Education Fund........................ [Deleted] Vulnerable Persons Training, Investigation and Prosecution Trust Fund........................ [Deleted] Child Support Prosecution Trust Fund................... [Deleted] Law Enforcement Officers Training Fund................. [Deleted] Capital Defense Counsel Fund........................... [Deleted] Indigent Appeals Fund.................................. [Deleted] Capital Post-Conviction Counsel Fund................... [Deleted] Victims of Domestic Violence Fund...................... [Deleted] Criminal Justice Fund.................................. [Deleted] Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund......................... [Deleted] Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund.................... [Deleted] State Prosecutor Compensation Fund for the purpose of providing additional compensation for district attorneys and their legal assistants...... [Deleted] Crisis Intervention Mental Health Fund................. [Deleted] Intervention Court Fund................................ [Deleted] Statewide Victims' Information and Notification System Fund.......................... [Deleted] Public Defenders Education Fund........................ [Deleted] Domestic Violence Training Fund........................ [Deleted] Attorney General's Cyber Crime Unit.................... [Deleted] Forensics Laboratory DNA Identification System Fund..... [Deleted] GENERAL FUND...................................... $ 280.50 (8) Additional assessments on certain violations: (a) Railroad crossing violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation involving railroad crossings under Section 37-41-55, 63-3-1007, 63-3-1009, 63-3-1011, 63-3-1013 or 77-9-249: Operation Lifesaver Fund............................. $25.00 (b) Drug violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation of Section 41-29-139: Drug Evidence Disposition Fund....................... $25.00 Mississippi Foster Care Fund.......................... $2.00 Mississippi Heroes Support Fund.............................$30.00 (c) Motor vehicle liability insurance violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation of Section 63-15-4(4) or Section 63-16-13(1): Uninsured Motorist Identification Fund: First offense................................$200.00 Second offense...............................$300.00 Third or subsequent offense..................$400.00 (9) If a fine or other penalty imposed is suspended, in whole or in part, such suspension shall not affect the state assessment under this section. No state assessment imposed under the provisions of this section may be suspended or reduced by the court. (10) (a) After a determination by the court of the amount due, it shall be the duty of the clerk of the court to promptly collect all state assessments imposed under the provisions of this section. The state assessments imposed under the provisions of this section may not be paid by personal check. (b) It shall be the duty of the chancery clerk of each county to deposit all state assessments collected in the circuit, county and justice courts in the county on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The chancery clerk shall make a monthly lump-sum deposit of the total state assessments collected in the circuit, county and justice courts in the county under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the circuit, county and justice courts in the county during that month. (c) It shall be the duty of the municipal clerk of each municipality to deposit all the state assessments collected in the municipal court in the municipality on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The municipal clerk shall make a monthly lump-sum deposit of the total state assessments collected in the municipal court in the municipality under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the municipal court in the municipality during that month. (11) It shall be the duty of the Department of Finance and Administration to deposit on a monthly basis all state assessments into the State General Fund or proper special fund in the State Treasury. The Department of Finance and Administration shall issue regulations providing for the proper allocation of these funds. (12) The State Auditor shall establish by regulation procedures for refunds of state assessments, including refunds associated with assessments imposed before July 1, 1990, and refunds after appeals in which the defendant's conviction is reversed. The Auditor shall provide in the regulations for certification of eligibility for refunds and may require the defendant seeking a refund to submit a verified copy of a court order or abstract by which the defendant is entitled to a refund. All refunds of state assessments shall be made in accordance with the procedures established by the Auditor. SECTION 4. Section 41-29-181, Mississippi Code of 1972, is amended as follows: 41-29-181. (1) Regarding all controlled substances, raw materials and paraphernalia which have been forfeited, the circuit court shall by its order direct the Bureau of Narcotics to: (a) Retain the property for its official purposes; (b) Deliver the property to a government agency or department for official purposes; (c) Deliver the property to a person authorized by the court to receive it; or (d) Destroy the property that is not otherwise disposed, pursuant to the provisions of Section 41-29-154. (2) All other property, real or personal, which is forfeited under this article, except as otherwise provided in Section 41-29-185, and except as provided in subsections (3), (7) and (8) of this section, shall be liquidated and, after deduction of court costs and the expenses of liquidation, the proceeds shall be divided and deposited as follows: (a) In the event only one (1) law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, * * *twenty percent (20%) ten percent (10%) of the proceeds shall be forwarded to the State Treasurer and deposited in the General Fund of the state, ten percent (10%) of the proceeds shall be forwarded to the State Treasurer and deposited and credited to the Mississippi Heroes Support Fund and eighty percent (80%) of the proceeds shall be deposited and credited to the budget of the participating law enforcement agency. (b) In the event more than one (1) law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, eighty percent (80%) of the proceeds shall be deposited and credited to the budget of the law enforcement agency whose officers initiated the criminal case and twenty percent (20%) shall be divided equitably between or among the other participating law enforcement agencies, and shall be deposited and credited to the budgets of the participating law enforcement agencies. In the event that the other participating law enforcement agencies cannot agree on the division of their twenty percent (20%), a petition shall be filed by any one of them in the court in which the civil forfeiture case is brought and the court shall make an equitable division. If the criminal case is initiated by an officer of the Bureau of Narcotics and more than one (1) law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, the proceeds shall be divided equitably between or among the Bureau of Narcotics and other participating law enforcement agencies and shall be deposited and credited to the budgets of the participating law enforcement agencies. In the event that the Bureau of Narcotics and the other participating law enforcement agencies cannot agree on an equitable division of the proceeds, a petition shall be filed by any one of them in the court in which the civil forfeiture case is brought and the court shall make an equitable division. (3) All money which is forfeited under this article, except as otherwise provided by Section 41-29-185, shall be divided, deposited and credited in the same manner as set forth in subsection (2) of this section. (4) All property forfeited, deposited and credited to the Mississippi Bureau of Narcotics under this article shall be forwarded to the State Treasurer and deposited in a special fund for use by the Mississippi Bureau of Narcotics upon appropriation by the Legislature. (5) All real estate which is forfeited under the provisions of this article shall be sold to the highest and best bidder at a public auction for cash, such auction to be conducted by the chief law enforcement officer of the initiating law enforcement agency, or his designee, at such place, on such notice and in accordance with the same procedure, as far as practicable, as is required in the case of sales of land under execution at law. The proceeds of such sale shall first be applied to the cost and expense in administering and conducting such sale, then to the satisfaction of all mortgages, deeds of trust, liens and encumbrances of record on such property. The remaining proceeds shall be divided, forwarded and deposited in the same manner set out in subsection (2) of this section. (6) All other property that has been forfeited shall, except as otherwise provided, be sold at a public auction for cash by the chief law enforcement officer of the initiating law enforcement agency, or his designee, to the highest and best bidder after advertising the sale for at least once each week for three (3) consecutive weeks, the last notice to appear not more than ten (10) days nor less than five (5) days prior to such sale, in a newspaper having a general circulation in the jurisdiction in which said law enforcement agency is located. Such notices shall contain a description of the property to be sold and a statement of the time and place of sale. It shall not be necessary to the validity of such sale either to have the property present at the place of sale or to have the name of the owner thereof stated in such notice. The proceeds of the sale shall be disposed of as follows: (a) To any bona fide lienholder, secured party or other party holding an interest in the property in the nature of a security interest, to the extent of his interest; and (b) The balance, if any, remaining after deduction of all storage, court costs and expenses of liquidation shall be divided, forwarded and deposited in the same manner set out in subsection (2) of this section. (7) (a) Any county or municipal law enforcement agency may maintain, repair, use and operate for official purposes all property, other than real property, money or such property that is described in subsection (1) of this section, that has been forfeited to the agency if it is free from any interest of a bona fide lienholder, secured party or other party who holds an interest in the property in the nature of a security interest. Such county or municipal law enforcement agency may purchase the interest of a bona fide lienholder, secured party or other party who holds an interest so that the property can be released for its use. If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law, the law enforcement agency shall be deemed to be the purchaser, and the certificate of title shall be issued to it as required by subsection (9) of this section. (b) (i) If a vehicle is forfeited to or transferred to a sheriff's department, then the sheriff may transfer the vehicle to the county for official or governmental use as the board of supervisors may direct. (ii) If a vehicle is forfeited to or transferred to a police department, then the police chief may transfer the vehicle to the municipality for official or governmental use as the governing authority of the municipality may direct. (c) If a motor vehicle forfeited to a county or municipal law enforcement agency becomes obsolete or is no longer needed for official or governmental purposes, it may be disposed of in accordance with Section 19-7-5 or in the manner provided by law for disposing of municipal property. (8) The Mississippi Bureau of Narcotics may maintain, repair, use and operate for official purposes all property, other than real property, money or such property as is described in subsection (1) of this section, that has been forfeited to the bureau if it is free from any interest of a bona fide lienholder, secured party, or other party who holds an interest in the property in the nature of a security interest. In such case, the bureau may purchase the interest of a bona fide lienholder, secured party or other party who holds an interest so that such property can be released for use by the bureau. The bureau may maintain, repair, use and operate such property with money appropriated to the bureau for current operations. If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law, the bureau is deemed to be the purchaser and the certificate of title shall be issued to it as required by subsection (9) of this section. (9) The Department of Revenue shall issue a certificate of title to any person who purchases property under the provisions of this section when a certificate of title is required under the laws of this state. SECTION 5. Section 99-19-307, Mississippi Code of 1972, is amended as follows: 99-19-307. If it is found beyond a reasonable doubt that the offense was committed by reason of (a) the actual or perceived race, color, ancestry, ethnicity, religion, national origin or gender of the victim, or (b) the victim's actual or perceived employment as a law enforcement officer, firefighter or emergency medical technician, then the penalty for the offense may be enhanced by punishment for a term of imprisonment of up to twice that authorized by law for the offense committed, or a fine of up to twice that authorized by law for the offense committed, or both. An additional assessment in the amount of One Hundred Dollars ($100.00) for any criminal enhancement committed by reason of the victim's actual or perceived employment as a law enforcement officer which shall be deposited into the Mississippi Heroes Support Fund. SECTION 6. Section 63-1-43, Mississippi Code of 1972, is amended as follows: 63-1-43. (1) The commissioner shall charge and collect the following fees: (a) Fees to which the card stock fee authorized in Section 45-1-21 shall be added: Class R original or renewal four-year license authorized in Section 63-1-5....................... $ * * *18.00 58.00 Class R original or renewal eight-year license authorized in Section 63-1-5....................... $ * * *36.00 76.00 Class D original or renewal four-year license authorized in Section 63-1-47...................... $ * * *23.00 63.00 Class D original or renewal eight-year license authorized in Section 63-1-47...................... $ * * *46.00 86.00 Four-year Identification Card authorized in Section 45-35-7.......................................... $11.00 Eight-year Identification Card authorized in Section 45-35-7.......................................... $22.00 Eight-year Identification Card for the blind authorized in Section 45-35-7............................. $11.00 Four-year Disability Identification Card authorized in Section 45-35-53......................................... $11.00 Learner's Permit authorized in Section 63-1-21.......................................... $ 1.00 Duplicate Identification Card or Disability Identification Card....................................... $ 5.00 Duplicate Class R or Class D license authorized in Section 63-1-37............................. $ 5.00 Class A, B or C Commercial driver's license authorized in Section 63-1-208............................ $48.00 CDL Learner's Permit authorized in Section 63-1-208........ $10.00 Duplicate CDL or CDL learner's permit..................... $ 5.00 Ignition-Interlock-Restricted License authorized in Section 63-11-31............................ $50.00 (b) Driver services fees to which the card stock fee authorized in Section 45-1-21 is not added: Temporary Motorcycle Permit............................... $ 1.00 Four-year or eight-year Motorcycle Endorsement............. $ 5.00 Late Renewal Fee......................................... $ 1.00 Four-year Identification Card upon medical reason for surrender of a driver's license as authorized in Section 45-35-7 (one (1) time only)....................... No fee Hazardous Materials Background Check (federal)............. $63.00 Hazardous Materials Background Check (state)............... $37.00 CDL Application Fee....................................... $25.00 CDL Endorsements: Tanker Endorsement....................................... $ 5.00 Doubles/Triples Endorsement............................... $ 5.00 Passenger Endorsement..................................... $ 5.00 Hazardous Materials Endorsement........................... $ 5.00 School Bus Endorsement.................................... $ 5.00 (c) In addition to the fees required in this section, an applicant may contribute an additional One Dollar ($1.00) which shall be deposited into the Statewide Litter Prevention Fund. The applicant shall be informed that he may contribute an additional One Dollar ($1.00) which shall be deposited into the Statewide Litter Prevention Fund and shall be expended solely for the purpose of funding litter prevention projects or litter education programs, as recommended by the Statewide Litter Prevention Program of Keep Mississippi Beautiful, Inc. (d) Starting January 1, 2021, for any original or renewal license for which the fee is greater than Ten Dollars ($10.00), if the applicant brings all required documentation but does not receive his or her license within two and one-half (2-1/2) hours of entering and remaining at the license station, Ten Dollars ($10.00) shall be deducted from the total amount owed for the license. (2) All originals and renewals of operators' licenses shall be in compliance with Section 63-1-47. (3) Notwithstanding any provision of law to the contrary in this section, the commissioner shall waive the driver's license or learner's permit fee for any applicant in the custody of the Department of Child Protection Services. SECTION 7. This act shall take effect and be in force from and after July 1, 2025. |
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2 | 2 | | |
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3 | 3 | | MISSISSIPPI LEGISLATURE |
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4 | 4 | | |
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5 | 5 | | 2025 Regular Session |
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6 | 6 | | |
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7 | 7 | | To: State Affairs; Appropriations A |
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8 | 8 | | |
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9 | 9 | | By: Representative Grady |
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10 | 10 | | |
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11 | 11 | | # House Bill 1508 |
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12 | 12 | | |
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13 | 13 | | AN ACT TO CREATE THE MISSISSIPPI HEROES ACT; TO CREATE THE MISSISSIPPI HEROES SUPPORT FUND FOR THE PURPOSE OF PROVIDING SUPPLEMENTAL COMPENSATION TO MUNICIPAL, COUNTY AND STATE LAW ENFORCEMENT OFFICERS BASED ON YEARS OF CONTINUOUS SERVICE; TO PROVIDE RESTRICTIONS FOR QUALIFICATIONS OF LAW ENFORCEMENT OFFICERS; TO AMEND SECTIONS 99-19-73, 41-29-181, 99-19-307 AND 63-1-43, MISSISSIPPI CODE OF 1972, TO ADD ASSESSMENTS TO BE DEPOSITED INTO THE FUND; AND FOR RELATED PURPOSES. |
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15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: |
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16 | 16 | | |
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17 | 17 | | SECTION 1. This act shall be known and may be cited as "The Mississippi Heroes Support Act". |
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18 | 18 | | |
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19 | 19 | | SECTION 2. (1) (a) The Mississippi Heroes Support Fund is hereby established. Thirty Dollars ($30.00) collected under subsection (1) of Section 99-19-73, Twenty Dollars ($20.00) collected under subsection (2) of Section 99-19-73, Thirty Dollars ($30.00) collected under subsection (8)(b) of Section 99-19-73, Ten Percent (10%) of monies collected from drug related forfeiture under Section 41-29-181, One Hundred Dollars ($100.00) collected under Section 99-19-307, Forty Dollars ($40.00) collected under Section 63-1-43 (1) for Class R and Class D licenses, monies collected from any other source and any other funds made available for deposit into the fund. The fund shall be administered by the board created in subsection (2) of this section and shall be made available for administration and implementation by the board to municipal, county and state law enforcement agencies that request such monies, based on availability of the funds. |
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20 | 20 | | |
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21 | 21 | | (b) Only law enforcement officers who meet the requirements in this section shall be eligible to receive monies from the fund for employment: |
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23 | 23 | | (i) For five (5) consecutive years, an amount equal to Five Thousand Dollars ($5,000.00); |
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25 | 25 | | (ii) For ten (10) consecutive years, an amount equal to Ten Thousand Dollars ($10,000.00); and |
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27 | 27 | | (iii) For twenty (20) consecutive years, an amount equal to Twenty Thousand Dollars ($20,000.00); |
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28 | 28 | | |
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29 | 29 | | (c) When calculating the number of years for an award under this section, an officer must have uninterrupted and continuous service as an active duty law enforcement officer for the entire period for which the supplemental pay is requested. Only law enforcement officers who have never been terminated or suspended for any reason are eligible for payment under this act. |
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31 | 31 | | (2) The fund shall be administered by a board composed of five (5) people with no less than four (4) years of professional experience in financial investments, banking or money management, and appointed as follows: |
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33 | 33 | | (a) Two (2) people appointed by the Governor of the State of Mississippi; |
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34 | 34 | | |
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35 | 35 | | (b) One (1) person appointed by the Speaker of the Mississippi House of Representatives; |
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36 | 36 | | |
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37 | 37 | | (c) One (1) person appointed by the Lieutenant Governor; and |
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38 | 38 | | |
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39 | 39 | | (d) One (1) person appointed by the Attorney General. |
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41 | 41 | | (3) The Mississippi Heroes Support Fund is created as a special fund in the State Treasury. Monies in the fund shall not lapse into the State General Fund at the end of the fiscal year, and all interest and other earnings on the monies in the Mississippi Heroes Support Fund shall be deposited to the credit of the fund. The monies in the fund shall be administered by the board created in subsection (2) of this section. |
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42 | 42 | | |
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43 | 43 | | SECTION 3. Section 99-19-73, Mississippi Code of 1972, is amended as follows: |
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44 | 44 | | |
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45 | 45 | | 99-19-73. (1) Traffic violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation in Title 63, Mississippi Code of 1972, except offenses relating to the Mississippi Implied Consent Law (Section 63-11-1 et seq.) and offenses relating to vehicular parking or registration: |
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46 | 46 | | |
---|
47 | 47 | | FUND AMOUNT |
---|
48 | 48 | | |
---|
49 | 49 | | State Court Education Fund............................. [Deleted] |
---|
50 | 50 | | |
---|
51 | 51 | | State Prosecutor Education Fund........................ [Deleted] |
---|
52 | 52 | | |
---|
53 | 53 | | Vulnerable Persons Training, |
---|
54 | 54 | | |
---|
55 | 55 | | Investigation and Prosecution Trust Fund........... [Deleted] |
---|
56 | 56 | | |
---|
57 | 57 | | Child Support Prosecution Trust Fund................... [Deleted] |
---|
58 | 58 | | |
---|
59 | 59 | | Driver Training Penalty Assessment Fund................. [Deleted] |
---|
60 | 60 | | |
---|
61 | 61 | | Law Enforcement Officers Training Fund................. [Deleted] |
---|
62 | 62 | | |
---|
63 | 63 | | Spinal Cord and Head Injury Trust Fund |
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64 | 64 | | |
---|
65 | 65 | | (for all moving violations)....................... [Deleted] |
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66 | 66 | | |
---|
67 | 67 | | Emergency Medical Services Operating Fund............... [Deleted] |
---|
68 | 68 | | |
---|
69 | 69 | | Mississippi Leadership Council on Aging Fund............ [Deleted] |
---|
70 | 70 | | |
---|
71 | 71 | | Law Enforcement Officers and Fire Fighters |
---|
72 | 72 | | |
---|
73 | 73 | | Death Benefits Trust Fund......................... [Deleted] |
---|
74 | 74 | | |
---|
75 | 75 | | Law Enforcement Officers and Fire Fighters |
---|
76 | 76 | | |
---|
77 | 77 | | Disability Benefits Trust Fund.................... [Deleted] |
---|
78 | 78 | | |
---|
79 | 79 | | State Prosecutor Compensation Fund for the purpose |
---|
80 | 80 | | |
---|
81 | 81 | | of providing additional compensation for |
---|
82 | 82 | | |
---|
83 | 83 | | district attorneys and their legal assistants...... [Deleted] |
---|
84 | 84 | | |
---|
85 | 85 | | Crisis Intervention Mental Health Fund................. [Deleted] |
---|
86 | 86 | | |
---|
87 | 87 | | Intervention Court Fund................................ [Deleted] |
---|
88 | 88 | | |
---|
89 | 89 | | Judicial Performance Fund.............................. [Deleted] |
---|
90 | 90 | | |
---|
91 | 91 | | Capital Defense Counsel Fund........................... [Deleted] |
---|
92 | 92 | | |
---|
93 | 93 | | Indigent Appeals Fund.................................. [Deleted] |
---|
94 | 94 | | |
---|
95 | 95 | | Capital Post-Conviction Counsel Fund................... [Deleted] |
---|
96 | 96 | | |
---|
97 | 97 | | Victims of Domestic Violence Fund...................... [Deleted] |
---|
98 | 98 | | |
---|
99 | 99 | | Public Defenders Education Fund........................ [Deleted] |
---|
100 | 100 | | |
---|
101 | 101 | | Domestic Violence Training Fund........................ [Deleted] |
---|
102 | 102 | | |
---|
103 | 103 | | Attorney General's Cyber Crime Unit.................... [Deleted] |
---|
104 | 104 | | |
---|
105 | 105 | | Children's Safe Center Fund............................ [Deleted] |
---|
106 | 106 | | |
---|
107 | 107 | | DuBard School for Language Disorders Fund............... [Deleted] |
---|
108 | 108 | | |
---|
109 | 109 | | Children's Advocacy Centers Fund....................... [Deleted] |
---|
110 | 110 | | |
---|
111 | 111 | | Judicial System Operation Fund......................... [Deleted] |
---|
112 | 112 | | |
---|
113 | 113 | | Mississippi Heroes Support Fund.............................30.00 |
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114 | 114 | | |
---|
115 | 115 | | * * *GENERAL FUND State General Fund.............................. $ 90.50 |
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116 | 116 | | |
---|
117 | 117 | | TOTAL STATE ASSESSMENT................................ 120.50 |
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118 | 118 | | |
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119 | 119 | | (2) Implied Consent Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or any other penalty for any violation of the Mississippi Implied Consent Law (Section 63-11-1 et seq.): |
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120 | 120 | | |
---|
121 | 121 | | FUND AMOUNT |
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122 | 122 | | |
---|
123 | 123 | | Crime Victims' Compensation Fund....................... [Deleted] |
---|
124 | 124 | | |
---|
125 | 125 | | State Court Education Fund............................. [Deleted] |
---|
126 | 126 | | |
---|
127 | 127 | | State Prosecutor Education Fund........................ [Deleted] |
---|
128 | 128 | | |
---|
129 | 129 | | Vulnerable Persons Training, |
---|
130 | 130 | | |
---|
131 | 131 | | Investigation and Prosecution Trust Fund........... [Deleted] |
---|
132 | 132 | | |
---|
133 | 133 | | Child Support Prosecution Trust Fund................... [Deleted] |
---|
134 | 134 | | |
---|
135 | 135 | | Driver Training Penalty Assessment Fund................. [Deleted] |
---|
136 | 136 | | |
---|
137 | 137 | | Law Enforcement Officers Training Fund................. [Deleted] |
---|
138 | 138 | | |
---|
139 | 139 | | Emergency Medical Services Operating Fund............... [Deleted] |
---|
140 | 140 | | |
---|
141 | 141 | | Mississippi Alcohol Safety Education Program Fund....... [Deleted] |
---|
142 | 142 | | |
---|
143 | 143 | | Federal-State Alcohol Program Fund..................... [Deleted] |
---|
144 | 144 | | |
---|
145 | 145 | | Mississippi Forensics Laboratory |
---|
146 | 146 | | |
---|
147 | 147 | | Implied Consent Law Fund.......................... [Deleted] |
---|
148 | 148 | | |
---|
149 | 149 | | Spinal Cord and Head Injury Trust Fund................. [Deleted] |
---|
150 | 150 | | |
---|
151 | 151 | | Capital Defense Counsel Fund........................... [Deleted] |
---|
152 | 152 | | |
---|
153 | 153 | | Indigent Appeals Fund.................................. [Deleted] |
---|
154 | 154 | | |
---|
155 | 155 | | Capital Post-Conviction Counsel Fund................... [Deleted] |
---|
156 | 156 | | |
---|
157 | 157 | | Victims of Domestic Violence Fund...................... [Deleted] |
---|
158 | 158 | | |
---|
159 | 159 | | Law Enforcement Officers and Fire Fighters |
---|
160 | 160 | | |
---|
161 | 161 | | Death Benefits Trust Fund......................... [Deleted] |
---|
162 | 162 | | |
---|
163 | 163 | | Law Enforcement Officers and Fire Fighters |
---|
164 | 164 | | |
---|
165 | 165 | | Disability Benefits Trust Fund.................... [Deleted] |
---|
166 | 166 | | |
---|
167 | 167 | | State Prosecutor Compensation Fund for the purpose |
---|
168 | 168 | | |
---|
169 | 169 | | of providing additional compensation for |
---|
170 | 170 | | |
---|
171 | 171 | | district attorneys and their legal assistants...... [Deleted] |
---|
172 | 172 | | |
---|
173 | 173 | | Crisis Intervention Mental Health Fund................. [Deleted] |
---|
174 | 174 | | |
---|
175 | 175 | | Intervention Court Fund................................ [Deleted] |
---|
176 | 176 | | |
---|
177 | 177 | | Statewide Victims' Information and |
---|
178 | 178 | | |
---|
179 | 179 | | Notification System Fund.......................... [Deleted] |
---|
180 | 180 | | |
---|
181 | 181 | | Public Defenders Education Fund........................ [Deleted] |
---|
182 | 182 | | |
---|
183 | 183 | | Domestic Violence Training Fund........................ [Deleted] |
---|
184 | 184 | | |
---|
185 | 185 | | Attorney General's Cyber Crime Unit.................... [Deleted] |
---|
186 | 186 | | |
---|
187 | 187 | | Mississippi Heroes Support Fund..............................20.00 |
---|
188 | 188 | | |
---|
189 | 189 | | * * *GENERAL FUND State General Fund.............................. $ 243.50 |
---|
190 | 190 | | |
---|
191 | 191 | | TOTAL STATE ASSESSMENT......................................263.50 |
---|
192 | 192 | | |
---|
193 | 193 | | (3) Game and Fish Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of the game and fish statutes or regulations of this state: |
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194 | 194 | | |
---|
195 | 195 | | FUND AMOUNT |
---|
196 | 196 | | |
---|
197 | 197 | | State Court Education Fund............................. [Deleted] |
---|
198 | 198 | | |
---|
199 | 199 | | State Prosecutor Education Fund........................ [Deleted] |
---|
200 | 200 | | |
---|
201 | 201 | | Vulnerable Persons Training, |
---|
202 | 202 | | |
---|
203 | 203 | | Investigation and Prosecution Trust Fund........... [Deleted] |
---|
204 | 204 | | |
---|
205 | 205 | | Law Enforcement Officers Training Fund................. [Deleted] |
---|
206 | 206 | | |
---|
207 | 207 | | Hunter Education and Training Program Fund.............. [Deleted] |
---|
208 | 208 | | |
---|
209 | 209 | | Law Enforcement Officers and Fire Fighters |
---|
210 | 210 | | |
---|
211 | 211 | | Death Benefits Trust Fund......................... [Deleted] |
---|
212 | 212 | | |
---|
213 | 213 | | Law Enforcement Officers and Fire Fighters |
---|
214 | 214 | | |
---|
215 | 215 | | Disability Benefits Trust Fund.................... [Deleted] |
---|
216 | 216 | | |
---|
217 | 217 | | State Prosecutor Compensation Fund for the purpose |
---|
218 | 218 | | |
---|
219 | 219 | | of providing additional compensation for district |
---|
220 | 220 | | |
---|
221 | 221 | | attorneys and their legal assistants............... [Deleted] |
---|
222 | 222 | | |
---|
223 | 223 | | Crisis Intervention Mental Health Fund................. [Deleted] |
---|
224 | 224 | | |
---|
225 | 225 | | Intervention Court Fund................................ [Deleted] |
---|
226 | 226 | | |
---|
227 | 227 | | Capital Defense Counsel Fund........................... [Deleted] |
---|
228 | 228 | | |
---|
229 | 229 | | Indigent Appeals Fund.................................. [Deleted] |
---|
230 | 230 | | |
---|
231 | 231 | | Capital Post-Conviction Counsel Fund................... [Deleted] |
---|
232 | 232 | | |
---|
233 | 233 | | Victims of Domestic Violence Fund...................... [Deleted] |
---|
234 | 234 | | |
---|
235 | 235 | | Public Defenders Education Fund........................ [Deleted] |
---|
236 | 236 | | |
---|
237 | 237 | | Domestic Violence Training Fund........................ [Deleted] |
---|
238 | 238 | | |
---|
239 | 239 | | Attorney General's Cyber Crime Unit.................... [Deleted] |
---|
240 | 240 | | |
---|
241 | 241 | | GENERAL FUND...................................... $ 89.00 |
---|
242 | 242 | | |
---|
243 | 243 | | (4) [Deleted] |
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244 | 244 | | |
---|
245 | 245 | | (5) Speeding, reckless and careless driving violations. In addition to any assessment imposed under subsection (1) or (2) of this section, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for driving a vehicle on a road or highway: |
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246 | 246 | | |
---|
247 | 247 | | (a) At a speed that exceeds the posted speed limit by |
---|
248 | 248 | | |
---|
249 | 249 | | at least ten (10) miles per hour but not more than twenty (20) miles per hour..................................................... $10.00 |
---|
250 | 250 | | |
---|
251 | 251 | | (b) At a speed that exceeds the posted speed limit by at least twenty (20) miles per hour but not more than thirty (30) miles per hour......................................................... $20.00 |
---|
252 | 252 | | |
---|
253 | 253 | | (c) At a speed that exceeds the posted speed limit by thirty (30) miles per hour or more............................... $30.00 |
---|
254 | 254 | | |
---|
255 | 255 | | (d) In violation of Section 63-3-1201, which is the offense of reckless driving......................................... $10.00 |
---|
256 | 256 | | |
---|
257 | 257 | | (e) In violation of Section 63-3-1213, which is the offense of careless driving......................................... $10.00 |
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258 | 258 | | |
---|
259 | 259 | | All assessments collected under this subsection shall be deposited into the State General Fund. |
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260 | 260 | | |
---|
261 | 261 | | (6) Other misdemeanors. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any misdemeanor violation not specified in subsection (1), (2) or (3) of this section, except offenses relating to vehicular parking or registration: |
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262 | 262 | | |
---|
263 | 263 | | FUND AMOUNT |
---|
264 | 264 | | |
---|
265 | 265 | | Crime Victims' Compensation Fund....................... [Deleted] |
---|
266 | 266 | | |
---|
267 | 267 | | State Court Education Fund............................. [Deleted] |
---|
268 | 268 | | |
---|
269 | 269 | | State Prosecutor Education Fund........................ [Deleted] |
---|
270 | 270 | | |
---|
271 | 271 | | Vulnerable Persons Training, Investigation |
---|
272 | 272 | | |
---|
273 | 273 | | and Prosecution Trust Fund........................ [Deleted] |
---|
274 | 274 | | |
---|
275 | 275 | | Child Support Prosecution Trust Fund................... [Deleted] |
---|
276 | 276 | | |
---|
277 | 277 | | Law Enforcement Officers Training Fund................. [Deleted] |
---|
278 | 278 | | |
---|
279 | 279 | | Capital Defense Counsel Fund........................... [Deleted] |
---|
280 | 280 | | |
---|
281 | 281 | | Indigent Appeals Fund.................................. [Deleted] |
---|
282 | 282 | | |
---|
283 | 283 | | Capital Post-Conviction Counsel Fund................... [Deleted] |
---|
284 | 284 | | |
---|
285 | 285 | | Victims of Domestic Violence Fund...................... [Deleted] |
---|
286 | 286 | | |
---|
287 | 287 | | State Crime Stoppers Fund.............................. [Deleted] |
---|
288 | 288 | | |
---|
289 | 289 | | Law Enforcement Officers and Fire Fighters |
---|
290 | 290 | | |
---|
291 | 291 | | Death Benefits Trust Fund......................... [Deleted] |
---|
292 | 292 | | |
---|
293 | 293 | | Law Enforcement Officers and Fire Fighters |
---|
294 | 294 | | |
---|
295 | 295 | | Disability Benefits Trust Fund.................... [Deleted] |
---|
296 | 296 | | |
---|
297 | 297 | | State Prosecutor Compensation Fund for the purpose |
---|
298 | 298 | | |
---|
299 | 299 | | of providing additional compensation for |
---|
300 | 300 | | |
---|
301 | 301 | | district attorneys and their legal assistants...... [Deleted] |
---|
302 | 302 | | |
---|
303 | 303 | | Crisis Intervention Mental Health Fund................. [Deleted] |
---|
304 | 304 | | |
---|
305 | 305 | | Intervention Court Fund................................ [Deleted] |
---|
306 | 306 | | |
---|
307 | 307 | | Judicial Performance Fund.............................. [Deleted] |
---|
308 | 308 | | |
---|
309 | 309 | | Statewide Victims' Information and |
---|
310 | 310 | | |
---|
311 | 311 | | Notification System Fund.......................... [Deleted] |
---|
312 | 312 | | |
---|
313 | 313 | | Public Defenders Education Fund........................ [Deleted] |
---|
314 | 314 | | |
---|
315 | 315 | | Domestic Violence Training Fund........................ [Deleted] |
---|
316 | 316 | | |
---|
317 | 317 | | Attorney General's Cyber Crime Unit.................... [Deleted] |
---|
318 | 318 | | |
---|
319 | 319 | | Information Exchange Network Fund...................... [Deleted] |
---|
320 | 320 | | |
---|
321 | 321 | | Motorcycle Officer Training Fund....................... [Deleted] |
---|
322 | 322 | | |
---|
323 | 323 | | Civil Legal Assistance Fund............................ [Deleted] |
---|
324 | 324 | | |
---|
325 | 325 | | Justice Court Collections Fund......................... [Deleted] |
---|
326 | 326 | | |
---|
327 | 327 | | Municipal Court Collections Fund....................... [Deleted] |
---|
328 | 328 | | |
---|
329 | 329 | | GENERAL FUND........................................$121.75 |
---|
330 | 330 | | |
---|
331 | 331 | | (7) Other felonies. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any felony violation not specified in subsection (1), (2) or (3) of this section: |
---|
332 | 332 | | |
---|
333 | 333 | | FUND AMOUNT |
---|
334 | 334 | | |
---|
335 | 335 | | Crime Victims' Compensation Fund....................... [Deleted] |
---|
336 | 336 | | |
---|
337 | 337 | | State Court Education Fund............................. [Deleted] |
---|
338 | 338 | | |
---|
339 | 339 | | State Prosecutor Education Fund........................ [Deleted] |
---|
340 | 340 | | |
---|
341 | 341 | | Vulnerable Persons Training, Investigation |
---|
342 | 342 | | |
---|
343 | 343 | | and Prosecution Trust Fund........................ [Deleted] |
---|
344 | 344 | | |
---|
345 | 345 | | Child Support Prosecution Trust Fund................... [Deleted] |
---|
346 | 346 | | |
---|
347 | 347 | | Law Enforcement Officers Training Fund................. [Deleted] |
---|
348 | 348 | | |
---|
349 | 349 | | Capital Defense Counsel Fund........................... [Deleted] |
---|
350 | 350 | | |
---|
351 | 351 | | Indigent Appeals Fund.................................. [Deleted] |
---|
352 | 352 | | |
---|
353 | 353 | | Capital Post-Conviction Counsel Fund................... [Deleted] |
---|
354 | 354 | | |
---|
355 | 355 | | Victims of Domestic Violence Fund...................... [Deleted] |
---|
356 | 356 | | |
---|
357 | 357 | | Criminal Justice Fund.................................. [Deleted] |
---|
358 | 358 | | |
---|
359 | 359 | | Law Enforcement Officers and Fire Fighters |
---|
360 | 360 | | |
---|
361 | 361 | | Death Benefits Trust Fund......................... [Deleted] |
---|
362 | 362 | | |
---|
363 | 363 | | Law Enforcement Officers and Fire Fighters |
---|
364 | 364 | | |
---|
365 | 365 | | Disability Benefits Trust Fund.................... [Deleted] |
---|
366 | 366 | | |
---|
367 | 367 | | State Prosecutor Compensation Fund for the purpose |
---|
368 | 368 | | |
---|
369 | 369 | | of providing additional compensation for |
---|
370 | 370 | | |
---|
371 | 371 | | district attorneys and their legal assistants...... [Deleted] |
---|
372 | 372 | | |
---|
373 | 373 | | Crisis Intervention Mental Health Fund................. [Deleted] |
---|
374 | 374 | | |
---|
375 | 375 | | Intervention Court Fund................................ [Deleted] |
---|
376 | 376 | | |
---|
377 | 377 | | Statewide Victims' Information and |
---|
378 | 378 | | |
---|
379 | 379 | | Notification System Fund.......................... [Deleted] |
---|
380 | 380 | | |
---|
381 | 381 | | Public Defenders Education Fund........................ [Deleted] |
---|
382 | 382 | | |
---|
383 | 383 | | Domestic Violence Training Fund........................ [Deleted] |
---|
384 | 384 | | |
---|
385 | 385 | | Attorney General's Cyber Crime Unit.................... [Deleted] |
---|
386 | 386 | | |
---|
387 | 387 | | Forensics Laboratory DNA Identification System Fund..... [Deleted] |
---|
388 | 388 | | |
---|
389 | 389 | | GENERAL FUND...................................... $ 280.50 |
---|
390 | 390 | | |
---|
391 | 391 | | (8) Additional assessments on certain violations: |
---|
392 | 392 | | |
---|
393 | 393 | | (a) Railroad crossing violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation involving railroad crossings under Section 37-41-55, 63-3-1007, 63-3-1009, 63-3-1011, 63-3-1013 or 77-9-249: |
---|
394 | 394 | | |
---|
395 | 395 | | Operation Lifesaver Fund............................. $25.00 |
---|
396 | 396 | | |
---|
397 | 397 | | (b) Drug violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation of Section 41-29-139: |
---|
398 | 398 | | |
---|
399 | 399 | | Drug Evidence Disposition Fund....................... $25.00 |
---|
400 | 400 | | |
---|
401 | 401 | | Mississippi Foster Care Fund.......................... $2.00 |
---|
402 | 402 | | |
---|
403 | 403 | | Mississippi Heroes Support Fund.............................$30.00 |
---|
404 | 404 | | |
---|
405 | 405 | | (c) Motor vehicle liability insurance violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation of Section 63-15-4(4) or Section 63-16-13(1): |
---|
406 | 406 | | |
---|
407 | 407 | | Uninsured Motorist Identification Fund: |
---|
408 | 408 | | |
---|
409 | 409 | | First offense................................$200.00 |
---|
410 | 410 | | |
---|
411 | 411 | | Second offense...............................$300.00 |
---|
412 | 412 | | |
---|
413 | 413 | | Third or subsequent offense..................$400.00 |
---|
414 | 414 | | |
---|
415 | 415 | | (9) If a fine or other penalty imposed is suspended, in whole or in part, such suspension shall not affect the state assessment under this section. No state assessment imposed under the provisions of this section may be suspended or reduced by the court. |
---|
416 | 416 | | |
---|
417 | 417 | | (10) (a) After a determination by the court of the amount due, it shall be the duty of the clerk of the court to promptly collect all state assessments imposed under the provisions of this section. The state assessments imposed under the provisions of this section may not be paid by personal check. |
---|
418 | 418 | | |
---|
419 | 419 | | (b) It shall be the duty of the chancery clerk of each county to deposit all state assessments collected in the circuit, county and justice courts in the county on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The chancery clerk shall make a monthly lump-sum deposit of the total state assessments collected in the circuit, county and justice courts in the county under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the circuit, county and justice courts in the county during that month. |
---|
420 | 420 | | |
---|
421 | 421 | | (c) It shall be the duty of the municipal clerk of each municipality to deposit all the state assessments collected in the municipal court in the municipality on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The municipal clerk shall make a monthly lump-sum deposit of the total state assessments collected in the municipal court in the municipality under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the municipal court in the municipality during that month. |
---|
422 | 422 | | |
---|
423 | 423 | | (11) It shall be the duty of the Department of Finance and Administration to deposit on a monthly basis all state assessments into the State General Fund or proper special fund in the State Treasury. The Department of Finance and Administration shall issue regulations providing for the proper allocation of these funds. |
---|
424 | 424 | | |
---|
425 | 425 | | (12) The State Auditor shall establish by regulation procedures for refunds of state assessments, including refunds associated with assessments imposed before July 1, 1990, and refunds after appeals in which the defendant's conviction is reversed. The Auditor shall provide in the regulations for certification of eligibility for refunds and may require the defendant seeking a refund to submit a verified copy of a court order or abstract by which the defendant is entitled to a refund. All refunds of state assessments shall be made in accordance with the procedures established by the Auditor. |
---|
426 | 426 | | |
---|
427 | 427 | | SECTION 4. Section 41-29-181, Mississippi Code of 1972, is amended as follows: |
---|
428 | 428 | | |
---|
429 | 429 | | 41-29-181. (1) Regarding all controlled substances, raw materials and paraphernalia which have been forfeited, the circuit court shall by its order direct the Bureau of Narcotics to: |
---|
430 | 430 | | |
---|
431 | 431 | | (a) Retain the property for its official purposes; |
---|
432 | 432 | | |
---|
433 | 433 | | (b) Deliver the property to a government agency or department for official purposes; |
---|
434 | 434 | | |
---|
435 | 435 | | (c) Deliver the property to a person authorized by the court to receive it; or |
---|
436 | 436 | | |
---|
437 | 437 | | (d) Destroy the property that is not otherwise disposed, pursuant to the provisions of Section 41-29-154. |
---|
438 | 438 | | |
---|
439 | 439 | | (2) All other property, real or personal, which is forfeited under this article, except as otherwise provided in Section 41-29-185, and except as provided in subsections (3), (7) and (8) of this section, shall be liquidated and, after deduction of court costs and the expenses of liquidation, the proceeds shall be divided and deposited as follows: |
---|
440 | 440 | | |
---|
441 | 441 | | (a) In the event only one (1) law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, * * *twenty percent (20%) ten percent (10%) of the proceeds shall be forwarded to the State Treasurer and deposited in the General Fund of the state, ten percent (10%) of the proceeds shall be forwarded to the State Treasurer and deposited and credited to the Mississippi Heroes Support Fund and eighty percent (80%) of the proceeds shall be deposited and credited to the budget of the participating law enforcement agency. |
---|
442 | 442 | | |
---|
443 | 443 | | (b) In the event more than one (1) law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, eighty percent (80%) of the proceeds shall be deposited and credited to the budget of the law enforcement agency whose officers initiated the criminal case and twenty percent (20%) shall be divided equitably between or among the other participating law enforcement agencies, and shall be deposited and credited to the budgets of the participating law enforcement agencies. In the event that the other participating law enforcement agencies cannot agree on the division of their twenty percent (20%), a petition shall be filed by any one of them in the court in which the civil forfeiture case is brought and the court shall make an equitable division. |
---|
444 | 444 | | |
---|
445 | 445 | | If the criminal case is initiated by an officer of the Bureau of Narcotics and more than one (1) law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, the proceeds shall be divided equitably between or among the Bureau of Narcotics and other participating law enforcement agencies and shall be deposited and credited to the budgets of the participating law enforcement agencies. In the event that the Bureau of Narcotics and the other participating law enforcement agencies cannot agree on an equitable division of the proceeds, a petition shall be filed by any one of them in the court in which the civil forfeiture case is brought and the court shall make an equitable division. |
---|
446 | 446 | | |
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447 | 447 | | (3) All money which is forfeited under this article, except as otherwise provided by Section 41-29-185, shall be divided, deposited and credited in the same manner as set forth in subsection (2) of this section. |
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448 | 448 | | |
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449 | 449 | | (4) All property forfeited, deposited and credited to the Mississippi Bureau of Narcotics under this article shall be forwarded to the State Treasurer and deposited in a special fund for use by the Mississippi Bureau of Narcotics upon appropriation by the Legislature. |
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450 | 450 | | |
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451 | 451 | | (5) All real estate which is forfeited under the provisions of this article shall be sold to the highest and best bidder at a public auction for cash, such auction to be conducted by the chief law enforcement officer of the initiating law enforcement agency, or his designee, at such place, on such notice and in accordance with the same procedure, as far as practicable, as is required in the case of sales of land under execution at law. The proceeds of such sale shall first be applied to the cost and expense in administering and conducting such sale, then to the satisfaction of all mortgages, deeds of trust, liens and encumbrances of record on such property. The remaining proceeds shall be divided, forwarded and deposited in the same manner set out in subsection (2) of this section. |
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452 | 452 | | |
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453 | 453 | | (6) All other property that has been forfeited shall, except as otherwise provided, be sold at a public auction for cash by the chief law enforcement officer of the initiating law enforcement agency, or his designee, to the highest and best bidder after advertising the sale for at least once each week for three (3) consecutive weeks, the last notice to appear not more than ten (10) days nor less than five (5) days prior to such sale, in a newspaper having a general circulation in the jurisdiction in which said law enforcement agency is located. Such notices shall contain a description of the property to be sold and a statement of the time and place of sale. It shall not be necessary to the validity of such sale either to have the property present at the place of sale or to have the name of the owner thereof stated in such notice. The proceeds of the sale shall be disposed of as follows: |
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454 | 454 | | |
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455 | 455 | | (a) To any bona fide lienholder, secured party or other party holding an interest in the property in the nature of a security interest, to the extent of his interest; and |
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456 | 456 | | |
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457 | 457 | | (b) The balance, if any, remaining after deduction of all storage, court costs and expenses of liquidation shall be divided, forwarded and deposited in the same manner set out in subsection (2) of this section. |
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458 | 458 | | |
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459 | 459 | | (7) (a) Any county or municipal law enforcement agency may maintain, repair, use and operate for official purposes all property, other than real property, money or such property that is described in subsection (1) of this section, that has been forfeited to the agency if it is free from any interest of a bona fide lienholder, secured party or other party who holds an interest in the property in the nature of a security interest. Such county or municipal law enforcement agency may purchase the interest of a bona fide lienholder, secured party or other party who holds an interest so that the property can be released for its use. If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law, the law enforcement agency shall be deemed to be the purchaser, and the certificate of title shall be issued to it as required by subsection (9) of this section. |
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460 | 460 | | |
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461 | 461 | | (b) (i) If a vehicle is forfeited to or transferred to a sheriff's department, then the sheriff may transfer the vehicle to the county for official or governmental use as the board of supervisors may direct. |
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462 | 462 | | |
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463 | 463 | | (ii) If a vehicle is forfeited to or transferred to a police department, then the police chief may transfer the vehicle to the municipality for official or governmental use as the governing authority of the municipality may direct. |
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464 | 464 | | |
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465 | 465 | | (c) If a motor vehicle forfeited to a county or municipal law enforcement agency becomes obsolete or is no longer needed for official or governmental purposes, it may be disposed of in accordance with Section 19-7-5 or in the manner provided by law for disposing of municipal property. |
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466 | 466 | | |
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467 | 467 | | (8) The Mississippi Bureau of Narcotics may maintain, repair, use and operate for official purposes all property, other than real property, money or such property as is described in subsection (1) of this section, that has been forfeited to the bureau if it is free from any interest of a bona fide lienholder, secured party, or other party who holds an interest in the property in the nature of a security interest. In such case, the bureau may purchase the interest of a bona fide lienholder, secured party or other party who holds an interest so that such property can be released for use by the bureau. |
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468 | 468 | | |
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469 | 469 | | The bureau may maintain, repair, use and operate such property with money appropriated to the bureau for current operations. If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law, the bureau is deemed to be the purchaser and the certificate of title shall be issued to it as required by subsection (9) of this section. |
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470 | 470 | | |
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471 | 471 | | (9) The Department of Revenue shall issue a certificate of title to any person who purchases property under the provisions of this section when a certificate of title is required under the laws of this state. |
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472 | 472 | | |
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473 | 473 | | SECTION 5. Section 99-19-307, Mississippi Code of 1972, is amended as follows: |
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474 | 474 | | |
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475 | 475 | | 99-19-307. If it is found beyond a reasonable doubt that the offense was committed by reason of (a) the actual or perceived race, color, ancestry, ethnicity, religion, national origin or gender of the victim, or (b) the victim's actual or perceived employment as a law enforcement officer, firefighter or emergency medical technician, then the penalty for the offense may be enhanced by punishment for a term of imprisonment of up to twice that authorized by law for the offense committed, or a fine of up to twice that authorized by law for the offense committed, or both. An additional assessment in the amount of One Hundred Dollars ($100.00) for any criminal enhancement committed by reason of the victim's actual or perceived employment as a law enforcement officer which shall be deposited into the Mississippi Heroes Support Fund. |
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476 | 476 | | |
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477 | 477 | | SECTION 6. Section 63-1-43, Mississippi Code of 1972, is amended as follows: |
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478 | 478 | | |
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479 | 479 | | 63-1-43. (1) The commissioner shall charge and collect the following fees: |
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480 | 480 | | |
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481 | 481 | | (a) Fees to which the card stock fee authorized in Section 45-1-21 shall be added: |
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482 | 482 | | |
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483 | 483 | | Class R original or renewal four-year license |
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484 | 484 | | |
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485 | 485 | | authorized in Section 63-1-5....................... $ * * *18.00 58.00 |
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486 | 486 | | |
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487 | 487 | | Class R original or renewal eight-year license |
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488 | 488 | | |
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489 | 489 | | authorized in Section 63-1-5....................... $ * * *36.00 76.00 |
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490 | 490 | | |
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491 | 491 | | Class D original or renewal four-year license |
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492 | 492 | | |
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493 | 493 | | authorized in Section 63-1-47...................... $ * * *23.00 63.00 |
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494 | 494 | | |
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495 | 495 | | Class D original or renewal eight-year license |
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496 | 496 | | |
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497 | 497 | | authorized in Section 63-1-47...................... $ * * *46.00 86.00 |
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498 | 498 | | |
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499 | 499 | | Four-year Identification Card authorized in |
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500 | 500 | | |
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501 | 501 | | Section 45-35-7.......................................... $11.00 |
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502 | 502 | | |
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503 | 503 | | Eight-year Identification Card authorized in |
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504 | 504 | | |
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505 | 505 | | Section 45-35-7.......................................... $22.00 |
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506 | 506 | | |
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507 | 507 | | Eight-year Identification Card for the blind |
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508 | 508 | | |
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509 | 509 | | authorized in Section 45-35-7............................. $11.00 |
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510 | 510 | | |
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511 | 511 | | Four-year Disability Identification Card authorized in |
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512 | 512 | | |
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513 | 513 | | Section 45-35-53......................................... $11.00 |
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514 | 514 | | |
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515 | 515 | | Learner's Permit authorized in |
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516 | 516 | | |
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517 | 517 | | Section 63-1-21.......................................... $ 1.00 |
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518 | 518 | | |
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519 | 519 | | Duplicate Identification Card or Disability |
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520 | 520 | | |
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521 | 521 | | Identification Card....................................... $ 5.00 |
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522 | 522 | | |
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523 | 523 | | Duplicate Class R or Class D license |
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524 | 524 | | |
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525 | 525 | | authorized in Section 63-1-37............................. $ 5.00 |
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526 | 526 | | |
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527 | 527 | | Class A, B or C Commercial driver's license |
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528 | 528 | | |
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529 | 529 | | authorized in Section 63-1-208............................ $48.00 |
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530 | 530 | | |
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531 | 531 | | CDL Learner's Permit authorized in Section 63-1-208........ $10.00 |
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532 | 532 | | |
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533 | 533 | | Duplicate CDL or CDL learner's permit..................... $ 5.00 |
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534 | 534 | | |
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535 | 535 | | Ignition-Interlock-Restricted License |
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536 | 536 | | |
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537 | 537 | | authorized in Section 63-11-31............................ $50.00 |
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538 | 538 | | |
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539 | 539 | | (b) Driver services fees to which the card stock fee authorized in Section 45-1-21 is not added: |
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540 | 540 | | |
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541 | 541 | | Temporary Motorcycle Permit............................... $ 1.00 |
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542 | 542 | | |
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543 | 543 | | Four-year or eight-year Motorcycle Endorsement............. $ 5.00 |
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544 | 544 | | |
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545 | 545 | | Late Renewal Fee......................................... $ 1.00 |
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546 | 546 | | |
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547 | 547 | | Four-year Identification Card upon medical reason for |
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548 | 548 | | |
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549 | 549 | | surrender of a driver's license as authorized in |
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550 | 550 | | |
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551 | 551 | | Section 45-35-7 (one (1) time only)....................... No fee |
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552 | 552 | | |
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553 | 553 | | Hazardous Materials Background Check (federal)............. $63.00 |
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554 | 554 | | |
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555 | 555 | | Hazardous Materials Background Check (state)............... $37.00 |
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556 | 556 | | |
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557 | 557 | | CDL Application Fee....................................... $25.00 |
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558 | 558 | | |
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559 | 559 | | CDL Endorsements: |
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560 | 560 | | |
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561 | 561 | | Tanker Endorsement....................................... $ 5.00 |
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562 | 562 | | |
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563 | 563 | | Doubles/Triples Endorsement............................... $ 5.00 |
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564 | 564 | | |
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565 | 565 | | Passenger Endorsement..................................... $ 5.00 |
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566 | 566 | | |
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567 | 567 | | Hazardous Materials Endorsement........................... $ 5.00 |
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568 | 568 | | |
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569 | 569 | | School Bus Endorsement.................................... $ 5.00 |
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570 | 570 | | |
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571 | 571 | | (c) In addition to the fees required in this section, an applicant may contribute an additional One Dollar ($1.00) which shall be deposited into the Statewide Litter Prevention Fund. The applicant shall be informed that he may contribute an additional One Dollar ($1.00) which shall be deposited into the Statewide Litter Prevention Fund and shall be expended solely for the purpose of funding litter prevention projects or litter education programs, as recommended by the Statewide Litter Prevention Program of Keep Mississippi Beautiful, Inc. |
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572 | 572 | | |
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573 | 573 | | (d) Starting January 1, 2021, for any original or renewal license for which the fee is greater than Ten Dollars ($10.00), if the applicant brings all required documentation but does not receive his or her license within two and one-half (2-1/2) hours of entering and remaining at the license station, Ten Dollars ($10.00) shall be deducted from the total amount owed for the license. |
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574 | 574 | | |
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575 | 575 | | (2) All originals and renewals of operators' licenses shall be in compliance with Section 63-1-47. |
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576 | 576 | | |
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577 | 577 | | (3) Notwithstanding any provision of law to the contrary in this section, the commissioner shall waive the driver's license or learner's permit fee for any applicant in the custody of the Department of Child Protection Services. |
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578 | 578 | | |
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579 | 579 | | SECTION 7. This act shall take effect and be in force from and after July 1, 2025. |
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