Bill Text: MS HB1536 | 2025 | Regular Session | Introduced
Bill Title: Department of Public Safety insignia, logos or decals; prohibit distribution and sell of without approval of Commissioner of DPS.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-20 - Referred To State Affairs [HB1536 Detail]
Download: Mississippi-2025-HB1536-Introduced.html
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: State Affairs
By: Representative Ford (73rd)
House Bill 1536
AN ACT TO PROHIBIT THE SELL AND DISTRIBUTION OF ANY INSIGNIA, SEAL, COAT OF ARMS, LABEL OR LOGO OF ANY DIVISION OR BUREAU OF THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY AS DECAL, PATCH OR BADGE WHICH MAY BE WORN OR DISPLAYED THROUGH TEMPORARY OR PERMANENT AFFIXTURE, WITHOUT THE PRIOR WRITTEN APPROVAL OF THE COMMISSIONER OF PUBLIC SAFETY; TO REQUIRE ANY SUCH PERSON, BUSINESS OR ENTITY DESIRING TO SELL OR DISTRIBUTE SUCH PRODUCTS DEPICTING THE DEPARTMENT'S IDENTIFYING GRAPHIC TO MAKE APPLICATION TO THE COMMISSIONER OF PUBLIC SAFETY FOR SUCH USAGE; TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO MAINTAIN A LIST OF APPROVED USES AND TO WHOM THE APPROVAL IS GRANTED, WHICH MAY BE RESCINDED AT ANY TIME BY THE COMMISSIONER; TO PRESCRIBE PENALTIES FOR VIOLATIONS; TO BRING FORWARD SECTION 45-1-3, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) It shall be unlawful for any person, business or entity to sell, distribute, or otherwise use the insignia, seal, coat of arms, label or logo of any division or bureau of the Mississippi Department of Public Safety (DPS), which may be worn or displayed through temporary or permanent affixture, without the prior written approval of the Commissioner of Public Safety.
(2) (a) Any person, business or entity desiring to sell or distribute such products depicting the department's identifying graphics, described in subsection (1) of this section to make application to the Commissioner of Public Safety for such usage upon a form developed by the department for such purposes, which shall at a minimum provide:
(i) The full name of the applicant, in his or her individual capacity, or the name business or entity seeking approval for usage of the department's identifying graphics;
(ii) If a business or entity, the full name and title of the officer, representative or agent submitting application;
(iii) Full address, or if a business or entity, a mailing address and the state of incorporation, if not in the State of Mississippi;
(iv) Classification of for-profit or non-for-profit status;
(v) Purpose and scope of use of the department's graphics; and
(vi) Any such additional information as the commissioner may require.
(b) The Department of Public Safety shall maintain a list of all approvals granted for the sale, distribution, or use of its insignia, decals, labels or logos. The commissioner retains the authority to rescind such approvals at any time, with or without cause.
(3) Any person or entity violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punishable by incarceration in the county jail for a period not exceeding forty-eight (48) hours and a fine of One Thousand Dollars ($1,000.00) for each occurrence.
SECTION 2. (1) The Department of Public Safety is authorized to adopt rules and regulations necessary to enforce the provisions of this act, including protocols for applying for and approving requests to use department insignia, decals, labels or logos.
(2) The Commissioner of Public Safety shall notify individuals or entities in writing of any decision to rescind an approval for use of the department’s insignia, decals, labels or logos. Such rescission shall take effect immediately upon notification.
SECTION 3. Section 45-1-3, Mississippi Code of 1972, is brought forward as follows:
45-1-3. (1) 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.
(2) The commissioner shall have the authority to administer oaths.
(3) Notwithstanding any other provision of law, with written approval from the Executive Director of the Department of Finance and Administration, the commissioner may enter into a lease or sublease agreement for space in the Department of Public Safety headquarters building with a third party for the purpose of providing services and assistance to the department and its employees. The proceeds received from the lease under this subsection shall be paid to the State Treasurer for deposit into the General Fund.
SECTION 4. This act shall take effect and be in force from and after its passage.