Mississippi Code, Volume 11B, 2013 Supplement

2013·10.7 MB·English

by  State of Mississippi

2013
CUMULATIVE SUPPLEMENT
TO
CODE
MISSISSIPPI
ANNOTATED
1972
Issued September 2013
CONTAINING PERMANENT PUBLIC STATUTES OF MISSISSIPPI
ENACTED THROUGH THE 2013 REGULAR SESSION
AND 1ST AND 2ND EXTRAORDINARY SESSIONS
PUBLISHED BYAUTHORITY OF
THE LEGISLATURE
SUPPLEMENTING
Volume IIB
(As Revised 2011)
For latest statutes or assistance call 1-800-833-9844
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Copyright © 2013
by
THE STATE OF MISSISSIPPI
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User's Guide
Inorderto assistboththelegalprofession andthelaymaninobtainingthe
maximumbenefitfromthe Mississippi Code of1972Annotated, a User's Guide
has been included in the main volume. This guide contains comments and
information on the many features found within the Code intended to increase
the usefulness ofthe Code to the user.
iii
3
Digitized by the Internet Archive
in2014
https://archive.org/details/govlawmscode11 bs201
PUBLISHER'S FOREWORD
Statutes
The 2013 Supplement to the Mississippi Code of 1972 Annotated reflects
the statute law of Mississippi as amended by the Mississippi Legislature
through the end ofthe 2013 Regular Session and 1st and 2nd Extraordinary
Sessions.
Annotations
Case annotations are included based on decisions ofthe State and federal
courts in cases arising in Mississippi. Annotations to collateral research
references are also included.
To better serve our customers by making our annotations more current,
LexisNexishas changedthe sources that arereadto create annotationsforthis
publication. Rather than waiting for cases to appear in printed reporters, we
now read court decisions as they are released by the courts. A consequence of
this more current reading ofcases, as they are posted online on LexisNexis, is
thatthe mostrecentcases annotatedmaynotyethave printreportercitations.
These will be provided, as they become available, through later publications.
This publication contains annotations taken from decisions ofthe Missis-
sippi Supreme Court andthe CourtofAppeals and decisions ofthe appropriate
federal courts. These cases will be printed in the following reporters:
Southern Reporter, 3rd Series
United States Supreme Court Reports
Supreme Court Reporter
United States Supreme Court Reports, Lawyers' Edition, 2nd Series
Federal Reporter, 3rd Series
Federal Supplement, 2nd Series
Federal Rules Decisions
Bankruptcy Reporter
Additionally, annotations have been taken from the following sources:
American Law Reports, 6th Series
American Law Reports, Federal 2nd
Mississippi College Law Review
Mississippi Law Journal
Finally, published opinions of the Attorney General and opinions of the
Ethics Commission have been examined for annotations.
Amendment Notes
Amendment notes detail how the new legislation affects existing sections.
Editor's Notes
Editor's notes summarize subject matter and legislative history of re-
pealed sections, provide information as to portions oflegislative acts thathave
not been codified, or explain other pertinent information.
V
Publisher's Foreword
Joint Legislative Committee Notes
Joint Legislative Committee notes explain codification decisions and
corrections ofCode errors made by the Mississippi Joint Legislative Commit-
tee on Compilation, Revision, and Publication ofLegislation.
Tables
The StatutoryTablesvolume adds tables showingdispositionoflegislative
acts through the 2013 Regular Session and 1st and 2nd Extraordinary
Sessions.
Index
The comprehensive Index to the Mississippi Code of 1972 Annotated is
replaced annually, and we welcome customer suggestions. The foreword to the
Index explains our indexing principles, suggests guidelines for successful
index research, and provides methods for contacting indexers.
Acknowledgements
The publisher wishes to acknowledge the cooperation and assistance
rendered by the Mississippi Joint Legislative Committee on Compilation,
Revision, and Publication ofLegislation, as well as the offices ofthe Attorney
General and Secretary ofState, in the preparation ofthis supplement.
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September 2013 LexisNexis
vi
SCHEDULE OF NEW SECTIONS
Added in this Supplement
TITLE 45. PUBLIC SAFETYAND GOOD ORDER
CHAPTER 1. Department ofPublic Safety
GENERAL PROVISIONS
Sec.
45-1-47. DepartmentofPublic Safetyauthorizedto sell andreplace as neededits
fleet ofaircraft; use ofproceeds.
CHAPTER 6. Law Enforcement Officers Training Program
45-6-21. Motorcycle Officers Training Program Fund created.
CHAPTER Weapons
9.
LICENSE TO CARRY CONCEALED PISTOL OR REVOLVER
45-9-103. Federal firearm reporting.
CHAPTER 33. Registration ofSex Offenders
45-33-45. Data monitoring and alert system for certain persons required to be
monitored [Effective January 1, 2014].
45-33-61. AccesstoAdministrative Office ofCourts'youthcourtdatamanagement
system by sex offenders prohibited.
CHAPTER 43. William Lee Montjoy Pool SafetyAct
45-43-1. Short title.
45-43-3. Definitions.
45-43-5. Applicability.
45-43-7. Certain property owners or owners associations that own, control or
maintain a pool required to completely enclose pool yard.
45-43-9. Requirements for gates and latches.
45-43-11. Applicability to existing pool yard enclosures.
45-43-13. Requirements regarding doors that open into pool yard.
45-43-15. Use of a wall of a building as part of pool yard enclosure; when
permitted.
45-43-17. Comphance with Sections 45-43-13 and 45-43-15.
45-43-19. Inspection, maintenance, repair and upkeep of pool yard enclosures,
gates, windows, doors, latching devices, etc.
45-43-21. Compliance with chapter; exceeding chapter standards.
45-43-23. Enforcement ofchapter.
45-43-25. Applicability to other bodies ofwater.
45-43-27. Relation to other laws, regulations.
45-43-29. Remedies not exclusive.
45-43-31. Construction and purpose.
CHAPTER 45. Mississippi Conveyance SafetyAct
45-45-1. Short title.
45-45-3. Purpose ofchapter.
45-45-5. Equipment covered by chapter.
2013 Supplement 1
Schedule of New Sections
45-45-7. Equipment not covered by chapter.
45-45-9. Definitions.
45-45-11. Persons authorized to erect, construct, alter, replace, maintain, test,
remove, dismantle or wire conveyances.
45-45-13. Promulgation ofregulations for equipment, fees and licenses regulated
by chapter.
45-45-15. Application process; fee schedule; applicant qualifications and abilities;
terms oflicense; renewal.
45-45-17. Reasons license may be suspended, revoked or subject to civil penalty.
45-45-19. Registration ofconveyances.
45-45-21. Inspection, testing installation, service and maintenance of convey-
ances.
45-45-23. Permit required before erecting, constructing, installing or altering
conveyances; application for permit; revocation or expiration ofpermit.
45-45-25. New conveyance installations to be performed by licensed elevator
contractors; certificate ofoperation; annual renewal.
45-45-27. Inspection and testing ofconveyances.
45-45-29. Penalty for violation ofchapter.
45-45-31. Prospective application ofchapter.
45-45-33. Construction ofchapter.
45-45-35. Mississippi Elevator and Conveyance Fund created; source and use of
monies in fund.
45-45-37. Promulgation ofrules and regulations for licensing and enforcement of
chapter.
TITLE 47. PRISONSAND PRISONERS; PROBATIONAND PAROLE
CHAPTER 5. Correctional System
OFFENDERS
47-5-180. Appointmentofcommissionertomakehealth-caredecisionsforoffender
who lacks capacity and does not have relative available; procedure;
applicability ofUniform Health-Care DecisionsAct.
YOUTHFUL OFFENDERS
47-5-1401. Establishment ofYouthful OffenderUnit at Central Mississippi Correc-
tional Facility; age limitations on youth housed in unit.
2 2013 Supplement
CODE
MISSISSIPPI
1972
ANNOTATED
VOLUME ELEVEN B
TITLE 45
PUBLIC SAFETYAND GOOD ORDER
Chapter 1. Department ofPublic Safety 45-1-1
Chapter 2. Law Enforcement Officers and Fire Fighters Death and Dis-
abihty Benefits Trust Funds 45-2-1
Chapter 3. Highway Safety Patrol 45-3-1
Chapter 6. Law Enforcement Officers Training Program 45-6-1
Chapter 9. Weapons 45-9-1
Chapter 11. Fire Protection Regulations, Fire Protection and Safety in
Buildings ,.. 45-11-1
Chapter 33. Registration ofSex Offenders 45-33-1
Chapter 35. Identification Cards 45-35-1
Chapter 43. Wilham Lee Montjoy Pool SafetyAct 45-43-1
Chapter 45. Mississippi Conveyance SafetyAct 45-45-1
CHAPTER
1
Department of Public Safety
General Provisions 45-1-1
GENERAL PROVISIONS
Sec.
45-1-37. Commissioner authorized to enter into reciprocal agreements with
bordering states for purpose of entering such state to make arrest;
commissioner to require Department of Public Safety to enter into
Memorandum ofUnderstanding with county registrars for purpose of
providing Mississippi Voter Identification Card.
45-1-47. DepartmentofPublicSafetyauthorizedto sell andreplace asneededits
fleet ofaircraft; use ofproceeds.
§ 45-1-2. Executive Director of Department of Public Safety
to be commissioner; organization of department; Commis-
sioner of Public Safety; statewide safety training officer.
—
Editor's Note Laws of2012, ch. 553, § 4 provides:
"SECTION4. (1)The DepartmentofFinance andAdministration, actingonbehalfof
the Department ofPublic Safety, is authorized to transfer to the Board ofSupervisors
2013 Supplement 3
§ 45-1-37 Public Safetyand Good Order
ofGrenada County, Mississippi, certainreal propertythathasbeeninthepossessionof
and under thejurisdiction ofthe Department ofPubhc Safety since 1942 which such
deed was recorded on December 7, 1942, and upon which it currently operates a
licensing station from a building located on the site, such property being more
particularly described as follows:
"Being situated in the County ofGrenada and the State ofMississippi, to wit:
"Lot 113 ofJackson Heights Subdivision ofSE 1/4 NE Va ofNE Va SE Va ofSection 19,
Township 22 North, Range 5 East as same appears ofrecord in Plat Book 1 at page 39
ofthe records ofthe Chancery Clerk's Office ofsaid county.
"There is also granted with this deed a permit to place a guypole orwire on Lot 107
ofsaid subdivision with the distinct understanding that same will not interfere with
any buildings now on said lot or to be erected on said lot.
"(2) The transfer ofthe real property described in subsection (1) ofthis section shall
be contingent upon the County ofGrenada enteringinto awritten agreementwith the
Department ofPublic Safety to fund the construction ofa new licensing station within
the county.
"(3) The State of Mississippi shall retain all mineral rights to the real property
transferred under this section."
§ 45-1-37, Commissioner authorized to enter into reciprocal
agreements with bordering states for purpose of entering
such state to make arrest; commissioner to require Depart-
ment of Public Safety to enter into Memorandum of Under-
standing with county registrars for purpose of providing
Mississippi Voter Identification Card.
(1) The Commissioner of Public Safety is hereby authorized and di-
rected to seek reciprocal agreements with bordering states to allow law
enforcement officers ofthe State ofMississippi to enter into such bordering
states while in pursuit of persons who have committed crimes for the
purpose ofapprehending and arresting such persons. Any state who enters
into such reciprocal agreement shall be authorized to enter into the State of
Mississippi for the same purpose.
(2) The Commissioner ofPublic Safety shall require the Department of
Public Safety to enter into a Memorandum of Understanding, which is
negotiatedbythe SecretaryofState, withthe registrarofeachcountyforthe
purpose ofproviding a Mississippi Voter Identification Card.
SOURCES: Laws, 2000, ch. 339, § 1; Laws, 2012, ch. 526, § 9, effAugust 5, 2013
(the date ofthe United StatesAttorney General's response to the submis-
sion ofthis section under Section 5 ofthe Voting RightsAct of 1965).
—
Editor'sNote The effective date ofthe bill that amended this section, House Bill
No. 921, 2012 Regular Session, is "from and after the date it is effectuated under
Section 5 ofthe Voting Rights Act of 1965, as amended and extended." However, after
the bill was submitted to the United States Attorney General under Section 5, the
United States Supreme Court, in the case ofShelby Countyv. Holder (June 25, 2013),
struck down the coverage formula that determined what jurisdictions are subject to
Section 5 ofthe Voting RightsAct, so the coverage formula can no longer be used as a
basis for subjectingjurisdictions to preclearance under Section 5.
Because ofthe Shelby County decision, the United States Attorney General is not
making any determinations under Section 5 on voting or election changes made by
4 2013 Supplement