Bill Text: MS HB280 | 2016 | Regular Session | Introduced
Bill Title: MHP; provide for allocation of funds to from assessment of funds for certain violations to defray expenses of.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-02-23 - Died In Committee [HB280 Detail]
Download: Mississippi-2016-HB280-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Revenue and Expenditure General Bills
By: Representative Young
House Bill 280
AN ACT TO CREATE A SPECIAL FUND IN THE STATE TREASURY TO BE DESIGNATED AS THE "MISSISSIPPI HIGHWAY SAFETY PATROL FUND" FOR THE PURPOSE OF DEFRAYING THE EXPENSES ASSOCIATED WITH THE PURCHASE OF NECESSARY UNIFORMS, AUTOMOBILES AND OTHER EQUIPMENT FOR MEMBERS OF THE HIGHWAY SAFETY PATROL AND TO DEFRAY THE EXPENSES OF PROVIDING THE NECESSARY TRAINING TO QUALIFYING OFFICERS RECRUITED TO ATTEND TROOPER SCHOOL; AMEND SECTION 45-1-23, MISSISSIPPI CODE OF 1972, TO PROVIDE THE SCHEDULE FOR PAYMENT OF FUNDS COLLECTED FROM ASSESSMENTS ON CERTAIN VIOLATIONS; TO AMEND SECTION 99-19-73, MISSISSIPPI CODE OF 1972, TO INCREASE THE AMOUNT OF OVERALL STATE ASSESSMENT FOR EACH INFRACTION PROVIDED THEREUNDER BY TEN PERCENT FOR THE PURPOSE OF FUNDING THE MISSISSIPPI HIGHWAY SAFETY PATROL FUND; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) (a) There is created in the State Treasury a special fund to be designated as the "Mississippi Highway Safety Patrol Fund," the purpose of which shall be to defray the expenses associated with the purchase of necessary uniforms, automobiles and other equipment for members of the highway safety patrol, as provided for under Sections 43-3-31 and 45-3-35, and to defray the expenses of providing the necessary training to qualifying officers recruited to attend Trooper School. Monies from the fund derived from assessments collected under Section 99-19-73, shall be distributed by the State Treasurer upon warrants issued by the Department of Public Safety Division of Highway Safety Patrol. The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:
(i) Monies appropriated by the Legislature;
(ii) The interest accruing on the fund;
(iii) Monies received under the provisions of Section 99-19-73;
(iv) Monies received from the federal government;
(v) Donations; and
(vi) Monies received from such other sources as may be provided by law.
(b) Unexpended amounts remaining in the fund and account at the end of the fiscal year shall not lapse into the State General Fund and any interest earned on the fund shall be deposited to the credit of the fund.
(2) The department may accept for any of its purposes and functions under this act any and all donations, both real and personal property, and grants of money from any governmental unit or public agency, or from any institution, person, firm or corporation.
SECTION 2. Section 45-1-23, Mississippi Code of 1972, is amended as follows:
45-1-23. (1) The expenses of operating and administering the Department of Public Safety, including the Highway Safety Patrol, the Bureau of Investigation, and the Safety Responsibility Bureau, shall be paid from monies appropriated for such purposes by the Mississippi Legislature.
The Department of Public Safety shall comply with all applicable provisions of Chapter 103, Title 27, Mississippi Code of 1972, being the State Budget and Accounting Act.
(2) All funds received by the Department of Public Safety and any bureau, department or division thereof, including assessments collected under Section 99-19-73, shall be paid into the State Treasury on the same day in which said funds are collected. The State Auditor of Public Accounts may require the commissioner to adopt standard accounting procedures acceptable to the Auditor for the handling of such sums.
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.............................. $ .85
State Prosecutor Education Fund......................... 1.25
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund........... 1.50
Child Support Prosecution Trust Fund.................... .30
Driver Training Penalty Assessment Fund................. 3.82
Law Enforcement Officers Training Fund.................. 5.00
Spinal Cord and Head Injury Trust Fund
(for all moving violations)........................ 5.45
Emergency Medical Services Operating Fund............... 20.00
Mississippi Leadership Council on Aging Fund............ 1.00
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund.......................... .50
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund..................... .15
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants...... 10.00
Crisis Intervention Mental Health Fund.................. 10.00
Drug Court Fund, through June 30, 2016.................. 10.53
Drug Court Fund, from and after July 1, 2016............ 10.00
Judicial Performance Fund............................... .50
Capital Defense Counsel Fund,
through June 30, 2016.............................. 3.09
from and after July 1, 2016........................ 2.89
Indigent Appeals Fund................................... 2.29
Capital Post-Conviction Counsel Fund.................... 2.83
Victims of Domestic Violence Fund....................... .49
Public Defenders Education Fund......................... 1.00
Domestic Violence Training Fund......................... 1.00
Attorney General's Cyber Crime Unit..................... 2.50
Children's Safe Center Fund............................. 2.31
DuBard School for Language Disorders Fund............... .88
Children's Advocacy Centers Fund........................ 1.91
Judicial System Operation Fund,
through June 30, 2016.............................. 1.35
Mississippi Highway Safety Patrol Support Fund.......... 8.86
TOTAL STATE ASSESSMENT through June 30, 2016............. $90.50
TOTAL STATE ASSESSMENT
from and after July 1, 2016................... $ * * *97.28
(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........................ $ 10.00
State Court Education Fund.............................. 1.50
State Prosecutor Education Fund......................... 2.00
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund........... 1.50
Child Support Prosecution Trust Fund.................... .50
Driver Training Penalty Assessment Fund................. 22.00
Law Enforcement Officers Training Fund.................. 11.00
Emergency Medical Services Operating Fund............... 45.00
Mississippi Alcohol Safety Education Program Fund....... 5.00
Federal-State Alcohol Program Fund...................... 10.00
Mississippi Forensics Laboratory
Implied Consent Law Fund........................... 25.00
Spinal Cord and Head Injury Trust Fund.................. 25.00
Capital Defense Counsel Fund............................ 2.89
Indigent Appeals Fund................................... 2.29
Capital Post-Conviction Counsel Fund.................... 2.33
Victims of Domestic Violence Fund....................... .49
State General Fund...................................... 35.00
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund.......................... .50
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund..................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants...... 10.00
Crisis Intervention Mental Health Fund.................. 10.00
Drug Court Fund......................................... 10.00
Statewide Victims' Information and
Notification System Fund........................... 6.00
Public Defenders Education Fund......................... 1.00
Domestic Violence Training Fund......................... 1.00
Attorney General's Cyber Crime Unit..................... 2.50
Mississippi Highway Safety Patrol Support Fund.......... 2.50
TOTAL STATE ASSESSMENT............................ $ * * *246.00
(3) Game and Fish Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of the game and fish statutes or regulations of this state:
FUND AMOUNT
State Court Education Fund.............................. $ 1.50
State Prosecutor Education Fund......................... 2.00
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund........... 1.50
Law Enforcement Officers Training Fund.................. 5.00
Hunter Education and Training Program Fund.............. 5.00
State General Fund...................................... 30.00
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund.......................... .50
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund..................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for district
attorneys and their legal assistants.............. 10.00
Crisis Intervention Mental Health Fund.................. 10.00
Drug Court Fund......................................... 10.00
Capital Defense Counsel Fund............................ 2.89
Indigent Appeals Fund................................... 2.29
Capital Post-Conviction Counsel Fund.................... 2.33
Victims of Domestic Violence Fund....................... .49
Public Defenders Education Fund......................... 1.00
Domestic Violence Training Fund......................... 1.00
Attorney General's Cyber Crime Unit..................... 2.50
Mississippi Highway Safety Patrol Support Fund.......... 8.90
TOTAL STATE ASSESSMENT............................. $ * * *97.90
(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 Mississippi Trauma Care Systems Fund established under Section 41-59-75, except that ten percent (10%) of each assessment collected under this section shall be deposited in the Mississippi Highway Safety Patrol Support Fund established under Section 1 of this act.
(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........................ $ 6.92
State Court Education Fund.............................. 1.50
State Prosecutor Education Fund......................... 2.00
Vulnerable Persons Training, Investigation
and Prosecution Trust Fund......................... 1.50
Child Support Prosecution Trust Fund.................... .50
Law Enforcement Officers Training Fund.................. 5.00
Capital Defense Counsel Fund............................ 2.89
Indigent Appeals Fund................................... 2.29
Capital Post-Conviction Counsel Fund.................... 2.33
Victims of Domestic Violence Fund....................... .49
State General Fund...................................... 30.00
State Crime Stoppers Fund............................... 1.50
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund.......................... .50
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund..................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants...... 10.00
Crisis Intervention Mental Health Fund.................. 10.00
Drug Court Fund......................................... 8.00
Judicial Performance Fund............................... 2.00
Statewide Victims' Information and
Notification System Fund........................... 6.00
Public Defenders Education Fund......................... 1.00
Domestic Violence Training Fund......................... 1.00
Attorney General's Cyber Crime Unit..................... 2.50
Information Exchange Network Fund....................... 4.00
Motorcycle Officer Training Fund........................ 1.06
Civil Legal Assistance Fund............................. 2.77
Justice Court Collections Fund.......................... 7.50
Municipal Court Collections Fund........................ 7.50
Mississippi Highway Safety Patrol Support Fund......... 12.18
TOTAL STATE ASSESSMENT............................ $ * * *133.93
(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........................ $ 10.00
State Court Education Fund.............................. 1.50
State Prosecutor Education Fund......................... 2.00
Vulnerable Persons Training, Investigation
and Prosecution Trust Fund......................... 1.50
Child Support Prosecution Trust Fund.................... .50
Law Enforcement Officers Training Fund.................. 5.00
Capital Defense Counsel Fund............................ 2.89
Indigent Appeals Fund................................... 2.29
Capital Post-Conviction Counsel Fund.................... 2.33
Victims of Domestic Violence Fund....................... .49
State General Fund...................................... 60.00
Criminal Justice Fund................................... 50.00
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund.......................... .50
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund..................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants...... 10.00
Crisis Intervention Mental Health Fund.................. 10.00
Drug Court Fund......................................... 10.00
Statewide Victims' Information and
Notification System Fund........................... 6.00
Public Defenders Education Fund......................... 1.00
Domestic Violence Training Fund......................... 1.00
Attorney General's Cyber Crime Unit..................... 2.50
Forensics Laboratory DNA Identification System Fund..... 100.00
Mississippi Highway Safety Patrol Support Fund.......... 28.05
TOTAL STATE ASSESSMENT............................ $ * * *308.55
(8) Additional assessments on certain violations:
(a) Railroad crossing violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation involving railroad crossings under Section 37-41-55, 63-3-1007, 63-3-1009, 63-3-1011, 63-3-1013 or 77-9-249:
Operation Lifesaver Fund............................ $25.00
(b) Drug violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation of Section 41-29-139:
Drug Evidence Disposition Fund...................... $25.00
(9) If a fine or other penalty imposed is suspended, in whole or in part, such suspension shall not affect the state assessment under this section. No state assessment imposed under the provisions of this section may be suspended or reduced by the court.
(10) 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. It shall be the duty of the chancery clerk of each county to deposit all such state assessments collected in the circuit, county and justice courts in such 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 such 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 such county during such month. It shall be the duty of the municipal clerk of each municipality to deposit all such state assessments collected in the municipal court in such 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 such 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 such municipality during such month.
(11) It shall be the duty of the Department of Finance and Administration to deposit on a monthly basis all such state assessments into the proper special fund in the State Treasury. The monthly deposit shall be based upon the number of violations reported under each subsection and the pro rata amount of such assessment due to the appropriate special fund. The Department of Finance and Administration shall issue regulations providing for the proper allocation of these special 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 such 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 such 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. This act shall take effect and be in force from and after July 1, 2016.
