Miss. Code Ann. § 45-45-15 — MS Code / Title 45 / Chapter 35 / Section 45-15
Miss. Code Ann. § 45-45-15
Status: in_force

(1) The Commissioner of Insurance shall develop and implement an application process and fee schedule for licenses designated in this chapter. The fee schedule adopted by the commissioner must be similar to those fees charged for similar services by the surrounding states.

(2)(a) Applicants for a mechanic license must demonstrate one (1) of the following qualifications and abilities:

(i) An acceptable combination of documented experience and education credits of, within the last five (5) years, not less than four (4) years’ work experience in the elevator industry, whether in construction, maintenance or service and repair, or any combination thereof, as verified by current and previous employers, and satisfactory completion of a written examination approved by the administrator on the most recent applicable codes and standards;

(ii) Certificates of completion of an apprenticeship program for elevator mechanics having standards substantially equal to those of this chapter, and registered with the Bureau of Apprenticeship and Training or the United States Department of Labor.

(b) A license shall be issued to an applicant who holds a valid license from a state having standards substantially equal to those of this chapter without examination and upon verification of qualification by the administrator.

(c) Any person who furnishes the licensing authority with acceptable proof that the person has worked as an elevator constructor, maintenance or repair mechanic, upon making application for a license, shall be entitled to receive an elevator mechanic license without examination if the person has worked without direct and immediate supervision for a licensed elevator contractor for not less than four (4) years immediately before July 1, 2013. To be eligible to be licensed without examination under this paragraph, the person must make an application for licensure on or before July 1, 2014. A license is not required for an elevator helper or apprentice; however, a licensed mechanic is limited to directly supervise only three (3) helpers or apprentices.

(3) Applicants for an inspector license must meet the standards as set forth by the Commissioner of Insurance.

(4)(a) Applicants for an elevator contractor license must demonstrate that they have in their employ licensed elevator mechanic(s).

(b) An elevator contractor license may be issued to an applicant who holds an equivalent valid license from a state having standards substantially equal to those of this chapter.

(5)(a) Applicants for a limited elevator contractor license must demonstrate that they have in their employ licensed elevator mechanic(s).

(b) A limited elevator contractor license may be issued to an applicant who holds an equivalent valid license from a state having standards substantially equal to those of this chapter.

(6)(a) Except when otherwise expressly provided, licenses issued under this chapter shall be valid for two (2) years.

(b) The renewal of all licenses granted under the provisions of this section may be conditioned upon the submission of a certificate of completion of a course designed to ensure the continuing education of licensees. The courses shall be subject to approval by the licensing authority administrator and shall consist of not less than eight (8) hours of instruction that shall be attended and completed within one (1) year immediately preceding such license renewal.

(c) The commissioner, upon written request, may grant exception to or extend the time in which a licensee must comply with the continuing educational requirements of this section for reasons of poor health, military service or other reasonable or just causes.
Miss. Code Ann. § 45-33-53 — MS Code / Title 45 / Chapter 10 / Section 33-53
Miss. Code Ann. § 45-33-53
Status: in_force

(1) An elected public official, public employee, or public agency is immune from civil liability for damages for any discretionary decision to release relevant and necessary information unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith. The immunity provided under this section applies to the release of relevant information to other employees or officials or to the general public.

(2) Nothing in this chapter shall be deemed to impose any liability upon or to give rise to a cause of action against any public official, public employee, or public agency for failing to release information as authorized in this section.

(3) Notwithstanding any other provision of law to the contrary, any person who provides or fails to provide information relevant to the procedures set forth in this chapter shall not be liable therefor in any civil or criminal action. Nothing herein shall be deemed to grant any such immunity to any person for his willful or wanton act of commission or omission.
Miss. Code Ann. § 45-38-7 — MS Code / Title 45 / Chapter 6 / Section 38-7
Miss. Code Ann. § 45-38-7
Status: in_force

(1) A digital service provider may not enter into an agreement with a person to create an account with a digital service unless the person has registered the person's age with the digital service provider. A digital service provider shall make commercially reasonable efforts to verify the age of the person creating an account with a level of certainty appropriate to the risks that arise from the information management practices of the digital service provider.

(2) A digital service provider shall not permit an account holder who is a known minor to be an account holder unless the known minor has the express consent from a parent or guardian. Acceptable methods of obtaining express consent of a parent or guardian include any of the following:

(a) Providing a form for the minor's parent or guardian to sign and return to the digital service provider by common carrier, facsimile, or electronic scan;

(b) Providing a toll-free telephone number for the known minor's parent or guardian to call to consent;

(c) Coordinating a call with a known minor's parent or guardian over video conferencing technology;

(d) Collecting information related to the government-issued identification of the known minor's parent or guardian and deleting that information after confirming the identity of the known minor's parent or guardian;

(e) Allowing the known minor's parent or guardian to provide consent by responding to an email and taking additional steps to verify the identity of the known minor's parent or guardian; or

(f) Any other commercially reasonable method of obtaining consent in light of available technology.
Miss. Code Ann. § 45-12-3 — MS Code / Title 45 / Chapter 11 / Section 12-3
Miss. Code Ann. § 45-12-3
Status: in_force

As used in this chapter, unless the context otherwise requires:

(a) “ Agent ” means any person authorized by the commissioner to purchase and affix stamps on packages of cigarettes.

(b) “ Commissioner ” means the Chairman of the State Tax Commission of the State of Mississippi, and his authorized agents and employees.

(c) “ State Fire Marshal ” means the Commissioner of Insurance and State Fire Marshal of the State of Mississippi, and his authorized agents and employees.

(d) “ Cigarette ” means:

(i) Any roll of tobacco wrapped in paper or in any substance not containing tobacco; or

(ii) Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette as described in subparagraph (i) above.

(e) “ Manufacturer ” means:

(i) Any entity which manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that such manufacturer intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer; or

(ii) Any entity that becomes a successor of an entity described in subparagraph (i) of this paragraph.

(f) “ Quality control and quality assurance program ” means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. Such a program ensures that the testing repeatability remains within the required repeatability values stated in subsection (1)(f) of Section 45-12-5 for all test trials used to certify cigarettes in accordance with this chapter.

(g) “ Repeatability ” means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent (95%) of the time.

(h) “ Retail dealer ” means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products.

(i) “ Sale ” means any transfer of title or possession or both, exchange or barter, conditional or otherwise, in any manner or by any means whatever or any agreement therefor. In addition to cash and credit sales, the giving of cigarettes as samples, prizes or gifts, and the exchanging of cigarettes for any consideration other than money, are considered sales.

(j) “ Sell ” means to sell, or to offer or agree to do the same.

(k) “ Wholesale dealer ” means any person, other than a manufacturer, who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale, and any person who owns, operates or maintains one or more cigarette or tobacco product vending machines in, at or upon premises owned or occupied by any other person.
Miss. Code Ann. § 45-11-75 — MS Code / Title 45 / Chapter 2 / Section 11-75
Miss. Code Ann. § 45-11-75
Status: in_force

Any person violating the provisions of Section 45-11-71 , upon conviction, shall be fined in an amount not to exceed One Thousand Dollars ($1,000.00), and in the case of continuing violations without reasonable effort on the part of the defendant to correct such violations, each day of violation thereafter shall be a separate offense.
Miss. Code Ann. § 45-9-207 — MS Code / Title 45 / Chapter 9 / Section 9-207
Miss. Code Ann. § 45-9-207
Status: in_force

(1) Except for those records kept during the regular course of a criminal investigation and prosecution or as otherwise required by law, a state governmental agency or local government, special district, or other political subdivision or official, agent, or employee of the state or other governmental entity or any other person, public or private, other than the owner or owner's representative, may not knowingly and willfully keep or cause to be kept any list, record, or registry of privately owned firearms or any list, record, or registry of the owners of those firearms.

(2) A financial institution or its agent may not require the usage of the firearms code in a way that distinguishes a firearms retailer physically located in the State of Mississippi from general merchandise retailers or sporting goods retailers.

(3) A financial institution may not discriminate against a firearms retailer by declining a lawful payment card transaction based solely on the assignment or nonassignment of a firearms code; provided that a financial entity may decline or otherwise refuse to process the transaction on the basis of the firearms code only if necessary to comply with this section or if requested by the customer or due to fraud controls or merchant category exclusions offered by a financial entity for the purpose of expenditure control or corporate card control.

(4) Except as otherwise required by law or regulation, a financial institution may not disclose a financial record, including a firearms code that was collected in violation of Sections 45-9-201 through 45-9-209 , unless the disclosure of such financial record or firearms code was based on a good-faith conclusion that the entity's action was required by applicable law or regulation.

(5) Nothing in this section shall limit the ability of a financial institution to negotiate with responsible parties or otherwise impair the financial institution's actions related to dispute processing, fraud management, protecting transaction integrity from concerns related to illegal activities, breach or cyber risks.
Miss. Code Ann. § 45-21-11 — MS Code / Title 45 / Chapter 13 / Section 21-11
Miss. Code Ann. § 45-21-11
Status: in_force

(1) The state board of health is hereby directed to establish for rock festivals health and safety regulations which shall assure that the public health and safety is not endangered hereby and which shall provide for the furnishing of adequate undertakings to secure full compliance with the sanitary code and other applicable law, adequate and satisfactory water supply and sewerage facilities, adequate drainage, adequate toilet and lavatory facilities, adequate refuse storage and disposal facilities, adequate sleeping areas and facilities, wholesome food and sanitary food service, adequate medical facilities, insect and noxious weed control, adequate fire protection and such other matters as may be appropriate for security of life or health.

(2) The state board of health is hereby authorized and empowered to approve and certify in writing the written specifications and plans proposed by any individual, organization, corporation or other entity desiring to hold a rock festival in this state. Such specifications and plans shall be submitted to the state board of health at least eighteen (18) days prior to the commencement of such event and shall conform to the health and safety regulations promulgated pursuant to this section. The state board of health shall grant such certification or deny such certification, with reasons for such denial, within eight (8) days of the submission of such specifications and plans. Such specifications and plans may be altered, with the approval of the state board of health, to conform with the health and safety regulations promulgated pursuant to this section.

(3) In the review of the specifications and plans proposed by any individual, organization, corporation or other entity desiring to hold a rock festival in this state, the state board of health may require such specific written specifications, plans and reports as are necessary for reasonable and proper review and determination in the light of the various factors therein involved, including but not limited to the probable number of people that will be in attendance at such event.

(4) The state board of health shall specify in the certification the number of tickets which may be sold or distributed within seventy-two (72) hours of the commencement of such event.

(5) Such specifications and plans may contain reasonable alternative requirements based upon different numbers of tickets having been sold and distributed.
Miss. Code Ann. § 45-35-17 — MS Code / Title 45 / Chapter 18 / Section 35-17
Miss. Code Ann. § 45-35-17
Status: in_force

Subject to available appropriations, the Commissioner of Public Safety shall establish an alternative state identification card that does not conflict with the requirements of the federal Real ID Act of 2005, except that this card shall not require proof of domicile for persons who do not have a domicile to list.
Miss. Code Ann. § 45-9-31 — MS Code / Title 45 / Chapter 6 / Section 9-31
Miss. Code Ann. § 45-9-31
Status: in_force

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

Any person making a report or the reports required by this section shall be immune from civil liability for the making of the said reports.
Miss. Code Ann. § 45-11-7 — MS Code / Title 45 / Chapter 11 / Section 11-7
Miss. Code Ann. § 45-11-7
Status: in_force

(1) There is hereby created a State Fire Academy for the training and education of persons engaged in municipal, county and industrial fire protection. The Commissioner of Insurance shall appoint an Executive Director of the State Fire Academy who, along with his employees, shall be designated as a division of the Insurance Department. The executive director shall serve at the pleasure of the Commissioner of Insurance. The State Fire Academy shall be under the supervision and direction of the Executive Director of the State Fire Academy. State Fire Academy training programs for fire personnel shall be conducted at the academy with seminars to be conducted in other sections of the state as and when the State Fire Academy Advisory Board considers it necessary and advisable.

The Commissioner of Insurance may establish and charge reasonable fees for the training programs and other services provided by the academy. A record of all funds received pursuant to this paragraph shall be maintained as is required for other monies pursuant to Section 45-11-5 .

The Executive Director of the State Fire Academy is authorized and empowered to purchase, operate and maintain mobile firefighting equipment as he may find necessary and proper for the operation of the academy subject to approval of the Commissioner of Insurance. The equipment may be utilized wherever training sessions may be held at the discretion of the State Fire Academy Advisory Board.

(2) The Commissioner of Insurance shall be authorized to undertake appropriate action to accomplish and fulfill the purposes of the State Fire Academy, including the hiring of instructors and personnel, the lease and purchase of appropriate training equipment and to lease, purchase or construct suitable premises and quarters for conducting annual school and seminars, as the State Fire Academy Advisory Board may deem necessary and required for such purposes. Any contract entered into under and by virtue of the provisions of this section shall first be submitted to and approved by the Public Procurement Review Board, and construction pursuant to the contract shall be under the supervision of the Governor's Office of General Services.

(3) Vouchers for operating expense for the State Fire Academy shall be signed by the Executive Director of the State Fire Academy and payment thereof shall be made from such funds to be derived from a special allocation from the State Fire Academy Fund as provided in Section 45-11-5 .

(4) The State Fire Academy is hereby officially designated as the agency of this state to conduct training for fire personnel on a statewide basis in which members of all duly constituted fire departments may participate. This subsection shall not be construed to affect the authority of any fire department to conduct training for its own personnel.

(5) Each state agency, private agency or federal agency which provides training for the fire service shall coordinate such efforts with the State Fire Academy to prevent duplication of cost and to ensure standardization of training.

(6) The State Fire Academy shall present an appropriate certificate signifying the successful completion of its prescribed courses.

(7) National firefighter standards approved by the Mississippi Fire Personnel Minimum Standards and Certification Board shall be used as the basis for classroom instruction at the fire academy.

(8) The Commissioner of Insurance, Executive Director of the State Fire Academy, and the Mississippi Fire Personnel Minimum Standards and Certification Board shall coordinate all state programs related to fire department operations.

(9) The Commissioner of Insurance is hereby authorized and empowered to establish standard guidelines for the use of, and accountability for, municipal and county fire protection funds distributed pursuant to the provisions of Sections 83-1-37 and 83-1-39, Mississippi Code of 1972 . Such guidelines shall include requirements for the establishment of record keeping and reports to the Commissioner of Insurance by municipalities and counties relating to the receipt and expenditure of fire protection funds, the training of fire department personnel and the submission to the Commissioner of Insurance of other data reasonably related to local fire protection responsibilities which the Commissioner of Insurance deems necessary for the performance of the duties of the State Fire Academy Advisory Board.

(10) In order that the Commissioner of Insurance may more effectively execute the duties imposed upon him by subsection (9) of this section, there is hereby created within the State Fire Academy a Division of Fire Services Development. The division shall be staffed by a Fire Services Development Coordinator, appointed by the executive director of the academy from his current staff and by such other personnel as deemed by the Commissioner of Insurance. The division shall work with municipal and county fire coordinators to ensure effective implementation of guidelines established pursuant to subsection (9) of this section and shall serve in an advisory capacity for all aspects of fire service improvement. The Fire Service Coordinator shall annually notify the Department of Finance and Administration of those municipalities and counties which are not eligible to receive a portion of fire protection fund distributions because of failure to comply with requirements imposed in Sections 83-1-37 and 83-1-39 as a prerequisite to receipt of such funds.

(11) There is created in the State Treasury a separate account to be known as the “State Fire Academy Construction Fund.” The State Treasurer shall transfer on July 1, 1997, the sum of Six Hundred Seventy-five Thousand Dollars ($675,000.00) and on July 1, 1998, the sum of Six Hundred Seventy-five Thousand Dollars ($675,000.00) from the State Fire Academy Fund 3502 into the separate account created in this subsection. Monies in such account shall be expended solely, upon legislative appropriations, to defray expenses related to the construction of capital improvements project known as “Fire Safety and Education Building” and parking areas at the State Fire Academy by the Bureau of Building, Grounds and Real Property Management of the Office of General Services and to pay any indebtedness incurred to accomplish such construction. Funds not used after the completion of this capital improvements project shall be transferred back into State Fund 3502.

(12) From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law.

(13) From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.

(14) The State Fire Academy is designated as an authorized training program for Emergency Medical Response and Emergency Medical Technician, and is authorized to provide initial and national continued competency program training, including Emergency Medical Responder, Emergency Medical Technician-Basic and Emergency Medical Technician-Advanced. The State Fire Academy shall be limited to a total of one hundred twenty (120) students per year for Emergency Medical Technician-Basic and Emergency Medical Technician-Advanced training; however, no limitation shall apply to the number of Emergency Medical Responder students. The training program established by the State Fire Academy shall meet or exceed the requirements of the most current training program national standard curriculum as developed by the United States Department of Transportation, National Highway Traffic Safety Administration, and shall also meet the minimum testing and certification requirements established by the State Board of Health. Successful graduates of the State Fire Academy Emergency Medical Response and Emergency Medical Technician training shall be eligible for certification by the State Board of Health for the training level achieved, provided that their training meets or exceeds the minimum testing and certification requirements established by the State Board of Health for these respective skills, and such certification may be obtained in coordination with the State Board of Health pursuant to Chapters 59 and 60, Title 41, Mississippi Code of 1972 .
Miss. Code Ann. § 45-38-5 — MS Code / Title 45 / Chapter 12 / Section 38-5
Miss. Code Ann. § 45-38-5
Status: in_force

(1) This chapter applies only to a digital service provider who provides a digital service that:

(a) Connects users in a manner that allows users to socially interact with other users on the digital service;

(b) Allows a user to create a public, semi-public or private profile for purposes of signing into and using the digital service; and

(c) Allows a user to create or post content that can be viewed by other users of the digital service, including sharing content on:

(i) A message board;

(ii) A chat room; or

(iii) A landing page, video channel or main feed that presents to a user content created and posted by other users.

(2) This chapter does not apply to:

(a) A digital service provider who processes or maintains user data in connection with the employment, promotion, reassignment or retention of the user as an employee or independent contractor, to the extent that the user's data is processed or maintained for that purpose;

(b) A digital service provider's provision of a digital service that facilitates e-mail or direct messaging services, if the digital service facilitates only those services;

(c) A digital service provider's provision of a digital service that:

(i) Primarily functions to provide a user with access to news, sports, commerce, online video games or content primarily generated or selected by the digital service provider; and

(ii) Allows chat, comment or other interactive functionality that is incidental to the digital service; or

(d) A digital service provider's provision of a digital service that primarily functions to provide a user with access to career development opportunities, including:

(i) Professional networking;

(ii) Job skills;

(iii) Learning certifications;

(iv) Job posting; and

(v) Application services.

(3) The Internet service provider, Internet service provider's affiliate or subsidiary, search engine or cloud service provider is not considered to be a digital service provider or to offer a digital service if the Internet service provider or provider's affiliate or subsidiary, search engine or cloud service provider solely provides access or connection, including through transmission, download, intermediate storage, access software or other service, to an Internet website or to other information or content:

(a) On the Internet; or

(b) On a facility, system or network not under the control of the Internet service provider, provider's affiliate or subsidiary, search engine or cloud service provider.
Miss. Code Ann. § 45-14-13 — MS Code / Title 45 / Chapter 2 / Section 14-13
Miss. Code Ann. § 45-14-13
Status: in_force

(1) The agency shall provide by rule and regulation, for licensing and registration of persons to use, manufacture, produce, transport, transfer, receive, acquire, own or possess sources of radiation, installations, or equipment utilizing such sources. Such rule or regulation shall provide for amendment, suspension or revocation of licenses or registrations. Each application for a specific license shall be in writing on forms prescribed and furnished by the agency and shall state, and be accompanied by, such information or documents, including, but not limited to, plans, specifications and reports for new construction or material alterations as the agency may determine to be reasonable and necessary to decide the qualifications of the applicant to protect the public health and safety. The agency may require all applications or statements to be made under oath or affirmation. Each license shall be in such form and contain such terms and conditions as the agency may deem necessary. No license issued under the authority of this chapter and no right to possess or utilize sources of radiation granted by any license shall be assigned or in any manner disposed of; and the terms and conditions of all licenses shall be subject to amendment, revisions or modification by rules, regulations or orders issued in accordance with the provisions of this chapter.

(2) Any person who, on the effective date of any agreement with the commission, possesses a license issued by the commission shall be deemed to possess the same pursuant to a license issued under this chapter, which shall expire either ninety (90) days after receipt from the agency of a notice of expiration of such license, or on the date of expiration specified in the federal license, whichever is earlier.

(3) Each registration shall be in writing on forms prescribed and furnished by the agency. The agency may require all registrations or statements to be made under oath or affirmation. Each registration shall be in such form and contain such terms and conditions as the agency may deem necessary. No registration issued under the authority of this chapter and no right to possess or utilize sources of radiation granted by any registration shall be assigned or in any manner disposed of; and the terms and conditions of all registrations shall be subject to amendment, revisions or modification by rules, regulations or orders, issued in accordance with the provisions of this chapter.
Miss. Code Ann. § 45-12-13 — MS Code / Title 45 / Chapter 11 / Section 12-13
Miss. Code Ann. § 45-12-13
Status: in_force

(1) The State Fire Marshal may promulgate rules and regulations, pursuant to Section 25-43-1 et seq. , necessary to effectuate the purposes of this chapter.

(2) The commissioner in the regular course of conducting inspections of wholesale dealers, agents and retail dealers, as authorized under Section 27-69-1 et seq. , may inspect such cigarettes to determine if the cigarettes are marked as required by Section 45-12-9 . If the cigarettes are not marked as required, the commissioner shall notify the State Fire Marshal.
Miss. Code Ann. § 45-23-29 — MS Code / Title 45 / Chapter 1 / Section 23-29
Miss. Code Ann. § 45-23-29
Status: in_force

The chief inspector shall furnish a bond in the sum of Five Thousand Dollars ($5,000.00), and each of the deputy inspectors employed and paid by the state shall furnish a bond in the sum of Two Thousand Dollars ($2,000.00), conditioned upon the faithful performance of their duties and upon a true account of monies handled by them respectively and the payment thereof to the proper recipient. The cost of said bonds shall be paid from funds appropriated by the legislature for administration of this chapter.
Miss. Code Ann. § 45-45-3 — MS Code / Title 45 / Chapter 3 / Section 45-3
Miss. Code Ann. § 45-45-3
Status: in_force

The purpose of this chapter is to provide for the safety of conveyance equipment and personnel, and to promote public safety awareness. This chapter establishes the minimum standards for conveyance personnel and services. The use of unsafe or defective lifting devices imposes a substantial probability of serious and preventable injury to employees and the public. The prevention of these injuries and protection of employees and the public from unsafe conditions is in the best interest of the people of this state. Conveyance personnel performing work covered by this chapter shall, by documented training and/or experience, be familiar with the operation and safety functions of the components and equipment. Training and experience shall include, but not be limited to, recognizing the safety hazards and performing the procedures required under this chapter.
Miss. Code Ann. § 45-35-59 — MS Code / Title 45 / Chapter 23 / Section 35-59
Miss. Code Ann. § 45-35-59
Status: in_force

The identification card for persons with disabilities shall bear the word “SEATING” with a box or blank space adjacent thereto. The issuer of the card shall place an “X” in such box or blank space if the applicant's disability creates mobility or health limitations which prevent him or her from climbing stairs or steep inclines. When so marked, the identification card for persons with disabilities shall be sufficient to admit the holder to seating for persons with disabilities at public events in this state.
Miss. Code Ann. § 45-39-3 — MS Code / Title 45 / Chapter 10 / Section 39-3
Miss. Code Ann. § 45-39-3
Status: in_force

There is hereby created within the Department of Public Safety the Crime Stoppers Advisory Council. The council shall be composed of five (5) persons appointed by the Governor with the advice and consent of the Senate. At least three (3) of the foregoing appointees shall be persons who have participated in a local crime stoppers program. Each member of the council shall serve for a term of two (2) years or until his successor is appointed and qualifies. At the first meeting of the council, which shall be called by the Governor, and at the first meeting after the beginning of each new state fiscal year, the council shall elect from among its members a chairman and such other officers as the council deems necessary. Each member of the council shall receive per diem in the amount established in Section 25-3-69, Mississippi Code of 1972 , for each day or portion thereof spent discharging his duties under this chapter and shall receive mileage and expenses as provided in Section 25-3-41, Mississippi Code of 1972 .

Expenses of the council shall be paid by the Department of Public Safety out of the State Crime Stoppers Fund, created in Section 45-39-5(4) .
Miss. Code Ann. § 45-23-41 — MS Code / Title 45 / Chapter 12 / Section 23-41
Miss. Code Ann. § 45-23-41
Status: in_force

Each company employing special inspectors, except a company operating boilers and/or pressure vessels covered by owner or user inspection service meeting the requirements of Section 45-23-21(b) shall, within thirty (30) days following each certificate inspection made by such inspectors, file a report of such inspection with the chief inspector upon appropriate forms as promulgated by the board. If such report shows that a boiler or pressure vessel is found to comply with the rules and regulations of the board, the owner or user thereof shall pay directly to the board the fee of Twenty Dollars ($20.00) for an annual certificate or Thirty Dollars ($30.00) for a biennial certificate, and the chief inspector or his duly authorized representative shall issue to such owner or user an inspection certificate bearing the date of inspection and specifying the maximum pressure under which the boiler or pressure vessel may be operated. Any increase in the fee charged by the board under this section shall be in accordance with the provisions of Section 41-3-65 .

Such inspection certificate shall be valid for not more than fourteen (14) months from its date in the case of power boilers and high pressure, high temperature water boilers, and for not more than twenty-six (26) months in the case of heating boilers and pressure vessels.

In the case of those boilers and pressure vessels covered by Section 45-23-33(a) , (b) , (c) and (d) for which the board has established or extended the operating period between required inspections, pursuant to the provisions of Section 45-23-33(g) or (h) , the certificate shall be valid for a period not more than two (2) months beyond the period set by the board.

Certificates shall be posted under glass in the room containing the boiler or pressure vessel inspected. If the boiler or pressure vessel is not located within the building, the certificate shall be posted in a location convenient to the boiler or pressure vessel inspected, or in any place where it will be accessible to interested parties.

Air tanks used to inflate automobile tires shall be exempt from the inspection requirements of this section.
Miss. Code Ann. § 45-43-19 — MS Code / Title 45 / Chapter 12 / Section 43-19
Miss. Code Ann. § 45-43-19
Status: in_force

(1) An owner of a multiunit rental complex or a rental dwelling in a condominium, cooperative, or townhome project with a pool or a property owners association that owns, controls or maintains a pool shall exercise ordinary and reasonable care to inspect, maintain, repair and keep in good working order the pool yard enclosures, gates and self-closing and self-latching devices required by this chapter and within the control of the owner or property owners association.

(2) An owner of a multiunit rental complex or a rental dwelling in a condominium, cooperative, or townhome project with a pool or a property owners association that owns, controls or maintains a pool shall exercise ordinary and reasonable care to maintain, repair and keep in good working order the window latches, sliding-door handle latches, sliding-door pin locks, and sliding-door security bars required by this chapter and within the control of the owner or property owners association after request or notice from the tenant that those devices are malfunctioning or in need of repair or replacement.

(3) An owner of a multiunit rental complex or a rental dwelling in a condominium, cooperative, or townhome project with a pool or a property owners association that owns, controls or maintains a pool shall inspect the pool yard enclosures, gates, and self-closing and self-latching devices on gates no less than once every thirty-one (31) days.

(4) An owner's or property owners association's duty of inspection, repair, and maintenance under this section may not be waived under any circumstances and may not be enlarged except by written agreement with a tenant or occupant of a multiunit rental complex or a member of a property owners association or as may be otherwise allowed by this chapter.
Miss. Code Ann. § 45-13-15 — MS Code / Title 45 / Chapter 7 / Section 13-15
Miss. Code Ann. § 45-13-15
Status: in_force

Any person, firm, partnership or corporation violating any provision of this article shall be guilty of a felony, and shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00) and/or imprisonment in the county jail or state penitentiary not to exceed one (1) year. In addition to said criminal penalties, any person, firm, partnership or corporation violating any provision of this article shall be responsible for any and all injuries, deaths and property damage caused by or resulting from illegal fireworks sold by such person, firm, partnership or corporation which is prohibited by this article within the State of Mississippi, and any injured person or his legal representatives, shall have a right to bring a civil action against the dealer, distributor or manufacturer or person who sold said fireworks, whether said dealer, distributor or manufacturer or person be located in this state or not. Any dealer, distributor or manufacturer or person located outside of this state who shall sell fireworks in Mississippi shall make, constitute and appoint the Secretary of State as their lawful agent for service of process in any civil proceeding brought under the provisions of this article, to recover all damages caused or resulting from the sale of any fireworks prohibited by this article.
Miss. Code Ann. § 45-43-7 — MS Code / Title 45 / Chapter 9 / Section 43-7
Miss. Code Ann. § 45-43-7
Status: in_force

(1) Except as otherwise provided by Section 45-43-11 , the owner of a multiunit rental complex with a pool or a property owners association that owns, controls or maintains a pool shall completely enclose the pool yard with a pool yard enclosure.

(2) The height of the pool yard enclosure must be at least forty-eight (48) inches as measured from the ground on the side away from the pool.

(3) Openings under the pool yard enclosure may not allow a sphere four (4) inches in diameter to pass under the pool yard enclosure.

(4) If the pool yard enclosure is constructed with horizontal and vertical members and the distance between the tops of the horizontal members is at least forty-five (45) inches, the openings may not allow a sphere four (4) inches in diameter to pass through the enclosure.

(5) If the pool yard enclosure is constructed with horizontal and vertical members and the distance between the tops of the horizontal members is less than forty-five (45) inches, the openings may not allow a sphere one and three-fourths (1- 3 / 4 ) inches in diameter to pass through the enclosure.

(6) The use of chain-link fencing materials is prohibited entirely for a new pool yard enclosure that is constructed after July 1, 2012. The use of diagonal fencing members that are lower than forty-nine (49) inches above the ground is prohibited for a new pool yard enclosure that is constructed after July 1, 2012.

(7) Decorative designs or cutouts on or in the pool yard enclosure may not contain any openings greater than one and three-fourths (1- 3 / 4 ) inches in any direction.

(8) Indentations or protrusions in a solid pool yard enclosure without any openings may not be greater than normal construction tolerances and tooled masonry joints on the side away from the pool.

(9) Permanent equipment or structures may not be constructed or placed in a manner that makes them readily available for climbing over the pool yard enclosure.

(10) The wall of a building may be part of the pool yard enclosure only if the doors and windows in the wall comply with Sections 45-43-13 and 45-43-15 .

(11) The owner of a multiunit rental complex with a pool, or a property owners association that owns, controls or maintains a pool, is not required to:

(a) Build a pool yard enclosure at specified locations or distances from the pool other than distances for minimum walkways around the pool; or

(b) Conform secondary pool yard enclosures, located inside or outside the primary pool yard enclosure, to the requirements of this chapter.
Miss. Code Ann. § 45-11-5 — MS Code / Title 45 / Chapter 3 / Section 11-5
Miss. Code Ann. § 45-11-5
Status: in_force

(1) Any expense, including office supplies, counsel fees, expenses of deputy, detective and officers, incurred by the Commissioner of Insurance in the performance of the duties imposed upon him by Sections 45-11-1 and 45-11-3 , and the operation of the State Fire Academy, as provided in Section 45-11-7 , shall be defrayed by all insurance companies, including stock, mutuals and reciprocals writing fire insurance, including the fire insurance components of automobile insurance, dwelling multiple peril insurance, farm multiple peril insurance and commercial multiple peril insurance, doing business in this state; and a tax of one-half of one percent ( 1 / 2 of 1%) of the gross premium receipts of these fire insurance policies is hereby levied for this purpose to be collected by the State Tax Commission in the same manner as the general tax on premiums is collected as provided in Section 27-15-107 . In the case of indivisible multiple peril insurance policies when the fire portion of the policy is not specified, a tax of one-half of one percent ( 1 / 2 of 1%) is hereby levied on forty-five percent (45%) of the gross premium receipts of these policies.

(2) There is created a separate account known as the “State Fire Academy Fund” for support of the State Fire Academy. Not later than the fifteenth of the month succeeding the month in which taxes under subsection (1) are collected, the State Treasurer shall transfer into this account all taxes collected under subsection (1) for the operation of the State Fire Academy. The annual expenditure for the operation of the academy shall not exceed the amount in the account; however, any unexpended funds remaining in the account at the close of the fiscal year may be carried over for use in the ensuing years.

(3)(a) A tax of one-half of one percent ( 1 / 2 of 1%) is hereby levied on the gross premium receipts of all insurance policies taxed in subsection (1).

(b) Not later than the fifteenth day of each month, the State Treasurer shall disburse the revenue from the tax levied in this subsection as follows:

(i) Fifty percent (50%) shall be transferred into the Municipal Fire Protection Fund in Section 83-1-37 ; and

(ii) Fifty percent (50%) shall be transferred to the County Volunteer Fire Department Fund in Section 83-1-39 .

(4) All taxes shall be deposited into the Treasury as provided in Section 7-7-21 . The tax commission shall keep separate accounts of all taxes collected under this section and shall include these accounts in its annual report.

(5) From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law.

(6) From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
Miss. Code Ann. § 45-11-89 — MS Code / Title 45 / Chapter 10 / Section 11-89
Miss. Code Ann. § 45-11-89
Status: in_force

Whoever violates the provisions of Sections 45-11-81 through 45-11-89 shall be guilty of a misdemeanor and upon conviction thereof, shall be sentenced to pay a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or to imprisonment of not more than six (6) months, or both.
Miss. Code Ann. § 45-14-61 — MS Code / Title 45 / Chapter 2 / Section 14-61
Miss. Code Ann. § 45-14-61
Status: in_force

Upon the approval by the agency of an application for a permit to transport radioactive waste, the shipper shall pay a permit fee based on a schedule of fees established by the agency in consultation with the state board of health. The fee shall reflect the relative hazard and potential threat to the public health and safety of the radioactive waste, based upon its volume, radioactivity and toxicity. Upon receipt of such fee the agency shall issue a permit. Such fee shall be deposited into the fund established pursuant to the provisions of Section 33-15-11(b)(12), Mississippi Code of 1972 .
Miss. Code Ann. § 45-23-55 — MS Code / Title 45 / Chapter 13 / Section 23-55
Miss. Code Ann. § 45-23-55
Status: in_force

There is hereby created a special fund in the state treasury to be known as the boiler and pressure vessel safety fund into which shall be deposited all funds appropriated by the legislature for the implementation of this chapter, and funds from fees, fines and any other source that shall be used for the implementation and administration of this chapter by the Mississippi State Board of Health.
Miss. Code Ann. § 45-39-7 — MS Code / Title 45 / Chapter 10 / Section 39-7
Miss. Code Ann. § 45-39-7
Status: in_force

(1) Council records relating to reports of criminal acts are confidential.

(2) Evidence of a communication between a person submitting a report of a criminal act to the council or a local crime stoppers program and the person who accepted the report on behalf of the council or local crime stoppers program is not admissible in a court or an administrative proceeding whether the evidence is held by the council or a local crime stoppers program or is held by a telecommunication service provider.

(3) Records of the council or a local crime stoppers program concerning a report of criminal activity and records of a telecommunication service provider relating to a report made to the council or to a local crime stoppers program may not be compelled to be produced before a court or other tribunal except on the motion of a criminal defendant to the court in which the offense is being tried that the records or report contain evidence that is exculpatory to the defendant in the trial of that offense. On motion of a defendant under this subsection, the court may subpoena the records or report. The court shall conduct an in-camera inspection of materials produced under subpoena to determine whether the materials contain evidence that is exculpatory to the defendant. If the court determines that the materials produced contain evidence that is exculpatory to the defendant, the court shall present the evidence to the defendant in a form that does not disclose the identity of the person who was the source of the evidence, unless the state or federal constitution requires the disclosure of that person's identity. The court shall execute an affidavit accompanying the disclosed materials swearing that, in the opinion of the court, the materials disclosed represent the exculpatory evidence the defendant is entitled to receive under this section. The court shall return to the council or to the local crime stoppers program materials that are produced under this section but not disclosed to the defendant. The council or local crime stoppers program shall store the materials until the conclusion of the criminal trial and the expiration of the time for all direct appeals in the case.
Miss. Code Ann. § 45-43-25 — MS Code / Title 45 / Chapter 43 / Section 43-25
Miss. Code Ann. § 45-43-25
Status: in_force

The owner of a multiunit rental complex or a property owners association is not required to enclose a body of water or construct barriers between the owner's or property owners association's property and a body of water such as an ocean, bay, lake, pond, bayou, river, creek, stream, spring, reservoir, stock tank, culvert, drainage ditch, detention pond, or other flood or drainage facility.
Miss. Code Ann. § 45-49-11 — MS Code / Title 45 / Chapter 7 / Section 49-11
Miss. Code Ann. § 45-49-11
Status: in_force

(1) Within twenty-four (24) hours of notification by the owner or operator of a serious injury or illness, the Mississippi Department of Revenue may initiate an investigation into the reported serious injury or illness. If the department determines that an investigation is not warranted, the department shall promptly notify the owner or operator and the amusement ride may be reopened. If the department initiates an investigation, the amusement ride shall not be reopened to the public until such time as the department's investigation is complete and authorization to reopen is given to the owner or operator.

(2) The department's investigation shall be conducted with the assistance of a qualified inspector employed by the department or through contract with the department. The cost of any investigation shall be paid by the owner or operator.

(3) Any investigation must be conducted with all practicable speed to minimize the disruption of the amusement facility at which the amusement ride is located, as well as unrelated commercial activities.

(4) An investigation of a reported serious injury or illness must be completed immediately following the reasonable determination by the qualified inspector or the department's designee that a principal cause of the serious injury or illness was the injured rider's failure to comply with the posted safety rules or with verbal instructions given by operators.
Miss. Code Ann. § 45-11-73 — MS Code / Title 45 / Chapter 3 / Section 11-73
Miss. Code Ann. § 45-11-73
Status: in_force

The State Fire Marshal shall promulgate such rules and regulations as are necessary to carry out the provisions of Sections 45-11-71 through 45-11-75 . These rules and regulations shall apply except in any county or municipality which has adopted the Standard Building Code of the Southern Building Code Congress International, with standards not less stringent than the Mississippi Fire Prevention Code.
Miss. Code Ann. § 45-45-23 — MS Code / Title 45 / Chapter 10 / Section 45-23
Miss. Code Ann. § 45-45-23
Status: in_force

(1) A permit must be obtained before a conveyance covered by this chapter shall be erected, constructed, installed or altered within buildings or structures in this state. Where any material alteration is made, the device shall conform to applicable requirements as determined by the commissioner. A permit may be issued only to a licensed elevator contractor, and a copy of the permit shall be kept at the construction site at all times while the work is in progress.

(2) Each application for a permit shall be accompanied by copies of specifications and accurately scaled and fully dimensioned plans showing the location of the installation in relation to the plans and elevation of the building; the location of the machinery room/machinery space and the equipment to be installed, relocated or altered; all structural supporting members thereof, including foundations; and shall specify all materials to be employed and all loads to be supported or conveyed. The plans and specifications shall be sufficiently complete to illustrate all details of construction and design.

(3) Permits may be revoked for the following reasons:

(a) Where any false statement or misrepresentation as to the material facts was made in the application, plans, or specifications on which the permit was based.

(b) Where the permit was issued in error and should not have been issued in accordance with the code.

(c) Where the work detailed under the permit is not being performed in accordance with the provisions of the application, plans or specifications or with the code or conditions of the permit.

(d) Where the elevator contractor to whom the permit was issued fails or refuses to comply with a stop work order.

(4)(a) A permit expires if the work authorized by a permit is not commenced within six (6) months after the date of issuance.

(b) For good cause, an extension of the permit may be granted.

(5) A permit is not required for a repair.

(6) The commissioner may by rules and regulations establish a fee schedule for the permits and certifications issued under this section. The fee schedule must be similar to fees charged for the same services in surrounding states.
Miss. Code Ann. § 45-23-11 — MS Code / Title 45 / Chapter 14 / Section 23-11
Miss. Code Ann. § 45-23-11
Status: in_force

No boiler or pressure vessel which does not conform to the rules and regulations of the board governing new construction and installation shall be installed and operated in this state after twelve (12) months from the date upon which the first rules and regulations under this chapter pertaining to new construction and installation shall have become effective, unless the boiler or pressure vessel is of special design or construction and is not inconsistent with the spirit and safety objectives of such rules and regulations, in which case a special installation and operating permit may, at its discretion, be granted by the board.
Miss. Code Ann. § 45-35-7 — MS Code / Title 45 / Chapter 2 / Section 35-7
Miss. Code Ann. § 45-35-7
Status: in_force

(1)(a) Except as provided in paragraph (b) of this subsection (1), each applicant for an original or renewal identification card issued pursuant to this chapter who is entitled to issuance of such a card shall be issued a four-year card or an eight-year card, at the option of the applicant. Each card shall expire at midnight on the cardholder's birthday and may be renewed any time within six (6) months before the expiration date of the card upon application and payment of the required fee.

(b) Any applicant who is blind, as defined in Section 43-6-1 , upon payment of the fee prescribed in Section 63-1-43 , shall be issued an original or renewal identification card which shall remain valid for a period of eight (8) years, shall expire at midnight on the cardholder's birthday, and may be renewed any time within six (6) months before the expiration date of the card upon application and payment of the required fee.

(2)(a) Any applicant who is not a United States citizen, upon payment of the fee prescribed in Section 63-1-43 , shall be issued an original or renewal identification card which shall expire four (4) years from date of issuance or on the expiration date of the applicant's authorized stay in the United States, whichever is the lesser period of time, and may be renewed, if the person is otherwise qualified to renew the license, within thirty (30) days of expiration.

(b) An applicant for an original or renewal identification card under paragraph (a) must present valid documentary evidence documenting that the applicant:

(i) Is a citizen or national of the United States;

(ii) Is an alien lawfully admitted for permanent or temporary residence in the United States;

(iii) Has conditional permanent residence status in the United States;

(iv) Has an approved application for asylum in the United States or has entered into the United States in refugee status;

(v) Has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into or lawful presence in the United States;

(vi) Has a pending application for asylum in the United States;

(vii) Has a pending or approved application for temporary protected status in the United States;

(viii) Has approved deferred-action status;

(ix) Has pending an application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States; or

(x) Has a valid employment authorization card issued by the United States Department of Homeland Security.

(3) The fee for the issuance of an original or renewal identification card shall be as prescribed in Section 63-1-43 .

(4) Any person who, for medical reasons, surrenders his unexpired driver's license, and any person whose unexpired driver's license is suspended for medical reasons by the Commissioner of Public Safety under Section 63-1-53(2)(e) , upon request shall be issued an identification card without payment of a fee. The identification card shall be valid for a period of four (4) years from its date of issue. Subsequent renewals shall be subject to the fees prescribed in Section 63-1-43 .

(5) The department shall maintain a record of all identification cards issued.

(6)(a) Any male who is at least eighteen (18) years of age but less than twenty-six (26) years of age and who applies for an identification card or a renewal of an identification card under this chapter shall be registered in compliance with the requirements of Section 3 of the Military Selective Service Act, 50 USCS Appx 451 et seq., as amended.

(b) The department shall forward in an electronic format the necessary personal information of the applicant to the Selective Service System. The applicant's submission of the application shall serve as an indication that the applicant either has already registered with the Selective Service System or that he is authorizing the department to forward to the Selective Service System the necessary information for registration. The commissioner shall notify the applicant on, or as a part of, the application that his submission of the application will serve as his consent to registration with the Selective Service System, if so required. The commissioner also shall notify any male applicant under the age of eighteen (18) that he will be registered upon turning age eighteen (18) as required by federal law.
Miss. Code Ann. § 45-14-9 — MS Code / Title 45 / Chapter 2 / Section 14-9
Miss. Code Ann. § 45-14-9
Status: in_force

(1) The council shall consist of the director of radiological health within the state board of health, who shall serve ex officio as secretary, and six (6) members appointed by the state board of health as follows:

(a) One (1) member from the Mississippi Medical Association for a term of three (3) years;

(b) One (1) member from the Mississippi Dental Association for a term of three (3) years;

(c) One (1) member from the Mississippi Radiological Society for a term of four (4) years;

(d) One (1) licensed chiropractor for a term of four (4) years;

(e) One (1) member having recognized knowledge in the radiation field from private industry in Mississippi for a term of four (4) years; and

(f) One (1) member having recognized knowledge in the radiation field from one (1) of the Mississippi institutions of higher learning for a term of four (4) years.

The members described above and serving on the council on June 30, 1984, shall continue to serve on the council until the expiration of their terms.

(2)(a) The chairman of the council shall be selected by and from the council membership.

(b) The council shall meet at the call of the chairman but at least once a year.

Upon the request of three (3) or more members, it shall be the duty of the chairman to call a meeting of the council. Minutes of the meetings of the council shall be transmitted to the secretary and executive officer of the state board of health.

A majority of the council shall constitute a quorum to conduct business.

(c) Any member may be removed prior to the expiration of his term by the state board of health. His removal may be based upon wilful neglect of duty or impropriety in office.

(3) Members of the council shall be reimbursed for their actual and necessary expenses, including food, lodging and mileage as authorized by Section 25-3-41, Mississippi Code of 1972 , required for attendance at council meetings. Council members shall receive a per diem for attendance at council meetings as is authorized under Section 25-3-69 .

(4) All clerical and other services required by the council shall be supplied by the agency.
Miss. Code Ann. § 45-45-33 — MS Code / Title 45 / Chapter 23 / Section 45-33
Miss. Code Ann. § 45-45-33
Status: in_force

This chapter shall not be construed to relieve or lessen the responsibility or liability of any person, firm, or corporation owning, operating, controlling, maintaining, erecting, constructing, installing, altering, inspecting, testing, or repairing any elevator or other related mechanism covered by this chapter for damages to person or property caused by any defect therein, nor does the state assume any such liability or responsibility therefor or any liability to any person for whatsoever reason by the enactment of this chapter or any acts or omissions arising hereunder.
Miss. Code Ann. § 45-43-31 — MS Code / Title 45 / Chapter 3 / Section 43-31
Miss. Code Ann. § 45-43-31
Status: in_force

The provisions of this chapter shall be liberally construed to promote its underlying purpose which is to prevent swimming pool deaths and injuries in this state.
Miss. Code Ann. § 45-23-19 — MS Code / Title 45 / Chapter 5 / Section 23-19
Miss. Code Ann. § 45-23-19
Status: in_force

The chief inspector, if authorized by the board, is hereby charged, directed and empowered:

(a) to take action necessary for the enforcement of the laws of the State of Mississippi governing the use of boilers and pressure vessels to which this chapter applies and of the rules and regulations of the board;

(b) to keep a complete record of the type, dimensions, maximum allowable pressure, age, location, and all inspection reports of all boilers and pressure vessels to which this chapter applies;

(c) to publish and make available to anyone requesting them copies of the rules and regulations promulgated by the board;

(d) to issue, or to suspend or revoke for cause, inspection certificates as provided for in Sections 45-23-41 through 45-23-49 ;

(e) to cause the prosecution of all violators of the provisions of this chapter;

(f) to draw from the special fund created by Sections 45-23-53 through 45-23-55 any funds appropriated or authorized to be expended by the legislature for the purpose of implementing and administering this chapter. These expenditures may include but are not necessarily limited to the necessary traveling expenses of the chief inspector and his deputies and the expense incident to the maintenance of the chief inspector's office;

(g) to maintain a list of qualified inspectors or other persons eligible to make inspections within this state and its territories.
Miss. Code Ann. § 45-35-67 — MS Code / Title 45 / Chapter 7 / Section 35-67
Miss. Code Ann. § 45-35-67
Status: in_force

It is a misdemeanor for any person:

(a) To lend his or her identification card for persons with disabilities to any other person or knowingly to permit the use thereof by another; and

(b) To display or represent as his or her own any identification card for persons with disabilities not issued to him or her.
Miss. Code Ann. § 45-13-13 — MS Code / Title 45 / Chapter 9 / Section 13-13
Miss. Code Ann. § 45-13-13
Status: in_force

The provisions of this article shall not in any manner limit or affect the right of the governing body of municipalities and the boards of supervisors of counties to regulate or hereafter prohibit the possession, sale and use of fireworks of any kind within the limits thereof.
Miss. Code Ann. § 45-33-47 — MS Code / Title 45 / Chapter 2 / Section 33-47
Miss. Code Ann. § 45-33-47
Status: in_force

(1) A sex offender with a duty to register under Section 45-33-25 shall only be relieved of the duty under subsection (2) of this section.

(2) A person required to register for a registrable sex offense under Section 45-33-25 may petition the circuit court of the sentencing jurisdiction, or for a person whose duty to register arose in another jurisdiction, the county in which the registrant resides, to be relieved of that duty under the following conditions:

(a) The offender has maintained his registration in Mississippi for the required minimum registration from the most recent date of occurrence of at least one (1) of the following: release from prison, placement on parole, supervised release or probation or as determined by the offender's tier classification. Incarceration for any offense will restart the minimum registration requirement. Registration in any other jurisdiction does not reduce the minimum time requirement for maintaining registration in Mississippi.

(b) Tier One. (i) Tier One requires registration for a minimum of fifteen (15) years in this state and includes any of the following listed registrable sex offenses:

1. Section 97-5-27(1) relating to dissemination of sexually oriented material to children;

2. Section 97-29-61(2) relating to voyeurism when the victim is a child under sixteen (16) years of age;

3. Section 97-29-3 relating to misdemeanor sexual intercourse between teacher and student;

4. Section 97-29-45(1)(a) relating to obscene electronic communication;

5. Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this tier;

6. Any conviction for violation of a similar law of another jurisdiction of any offense listed in this tier;

7. Any offense resulting in a conviction in another jurisdiction for which registration is required in the jurisdiction where the conviction was had, although registration would not be otherwise required in this state.

(ii) Notwithstanding any other provision of this chapter, an offender may petition the appropriate circuit court to be relieved of the duty to register upon fifteen (15) years' satisfaction of the requirements of this section for the convictions classified as Tier One offenses.

(c) Tier Two. (i) Tier Two requires registration for a minimum of twenty-five (25) years in this state and includes any of the following listed registrable sex offenses:

1. Section 97-5-33(3) through (9) relating to the exploitation of children;

2. Section 97-29-59 relating to unnatural intercourse;

3. Section 97-29-63 , relating to filming another without permission where there is an expectation of privacy;

4. Section 97-3-104 relating to crime of sexual activity between law enforcement or correctional personnel and prisoners;

5. Section 43-47-18(2)(a) and (b) relating to gratification of lust or fondling by health care employees or persons in position of trust or authority;

6. Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this tier;

7. Any conviction for violation of a similar law of another jurisdiction of any offense listed in this tier; or

8. Any conviction of a Tier One offense if it is the offender's second or subsequent conviction of a registrable sex offense;

(ii) Notwithstanding any other provision of this chapter, an offender may petition the appropriate circuit court to be relieved of the duty to register upon twenty-five (25) years' satisfaction of the requirements of this section for the convictions classified as Tier Two offenses.

(d) Tier Three. Tier Three requires lifetime registration, the registrant not being eligible to be relieved of the duty to register except as otherwise provided in this section, and includes any of the following listed registrable sex offenses:

(i) Section 97-3-65 relating to rape;

(ii) Section 97-3-71 relating to rape and assault with intent to ravish;

(iii) Section 97-3-95 relating to sexual battery;

(iv) Subsection (1) or (2) of Section 97-5-33 relating to the exploitation of children;

(v) Section 97-5-5 relating to enticing a child for concealment, prostitution or marriage;

(vi) Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner;

(vii) Section 97-3-53 relating to kidnapping if the victim is under the age of eighteen (18);

(viii) Section 97-3-54.1(1)(c) relating to procuring sexual servitude of a minor;

(ix) Section 97-3-54.3 relating to aiding, abetting or conspiring to violate antihuman trafficking provisions;

(x) Section 97-5-23 relating to the touching of a child, mentally defective or incapacitated person or physically helpless person for lustful purposes;

(xi) Section 43-47-18 relating to sexual abuse of a vulnerable person by health care employees or persons in a position of trust or authority;

(xii) Section 97-5-39(1)(c) relating to contributing to the neglect or delinquency of a child, felonious abuse and/or battery of a child, if the victim was sexually abused;

(xiii) Capital murder when one (1) of the above described offenses is the underlying crime;

(xiv) Any conviction for violation of a similar law of another jurisdiction or designation as a sexual predator in another jurisdiction;

(xv) Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this tier; or

(xvi) Any conviction of a Tier Two offense if it is the offender's second or subsequent conviction of a registrable sex offense.

(e) An offender who has two (2) separate convictions for any of the registrable offenses described in Section 45-33-23 is subject to lifetime registration and shall not be eligible to petition to be relieved of the duty to register if at least one (1) of the convictions was entered on or after July 1, 1995.

(f) An offender, twenty-one (21) years of age or older, who is convicted of any sex offense where the victim was fourteen (14) years of age or younger shall be subject to lifetime registration and shall not be relieved of the duty to register.

(g) A first-time offender fourteen (14) years of age or older adjudicated delinquent in a youth court for a registrable offense of rape pursuant to Section 96-3-65 or a registrable offense of sexual battery pursuant to Section 97-3-95 is subject to lifetime registration, but shall be eligible to petition to be relieved of the duty to register after twenty-five (25) years of registration.

(h) Registration following arrest or arraignment for failure to register is not a defense and does not relieve the sex offender of criminal liability for failure to register.

(i) The department shall continue to list in the registry the name and registration information of all registrants who no longer work, reside or attend school in this state even after the registrant moves to another jurisdiction and registers in the new jurisdiction as required by law. The registry shall note that the registrant moved out of state.

(3) In determining whether to release an offender from the obligation to register, the court shall consider the nature of the registrable offense committed and the criminal and relevant noncriminal behavior of the petitioner both before and after conviction. The court may relieve the offender of the duty to register only if the petitioner shows, by clear and convincing evidence, that the registrant properly maintained his registration as required by law and that future registration of the petitioner will not serve the purposes of this chapter and the court is otherwise satisfied that the petitioner is not a current or potential threat to public safety. The district attorney in the circuit in which the petition is filed must be given notice of the petition at least three (3) weeks before the hearing on the matter. The district attorney may present evidence in opposition to the requested relief or may otherwise demonstrate the reasons why the petition should be denied. If the court denies the petition, the petitioner may not again petition the court for relief until one (1) year has elapsed unless the court orders otherwise in its order of denial of relief.

(4) The offender will be required to continue registration for any sex offense conviction unless the conviction is set aside in any post-conviction proceeding, the offender receives a pardon, the charge is dismissed or the offender has received a court order pursuant to this section relieving him of the duty to register. Upon submission of the appropriate documentation to the department of one (1) of these occurrences, registration duties will be discontinued.

(5) A person required to register as a sex offender who is convicted under Section 45-33-33 of providing false registration information or of failure to register, reregister, update registration, or comply with electronic monitoring shall be subject to electronic monitoring at the expense of the offender under the program provided in Section 45-33-45 . Termination of the duty to register also terminates the duty to be monitored.
Miss. Code Ann. § 45-39-9 — MS Code / Title 45 / Chapter 11 / Section 39-9
Miss. Code Ann. § 45-39-9
Status: in_force

A person who is a member or employee of the council or who accepts a report of criminal activity on behalf of a local crime stoppers program is guilty of a misdemeanor if the person intentionally or knowingly divulges to a person not employed by a law enforcement agency the content of a report of a criminal act or the identity of the person who made the report without the consent of the person who made the report.

A person convicted of an offense under this section shall be punished as provided in Section 99-19-31, Mississippi Code of 1972 , and is not eligible for state employment during the five-year period following the date that the conviction becomes final.
Miss. Code Ann. § 45-35-63 — MS Code / Title 45 / Chapter 21 / Section 35-63
Miss. Code Ann. § 45-35-63
Status: in_force

The department shall require an applicant for an identification card for persons with disabilities to furnish a birth certificate or other verifiable evidence stating the applicant's birth date.
Miss. Code Ann. § 45-11-73 — MS Code / Title 45 / Chapter 10 / Section 11-73
Miss. Code Ann. § 45-11-73
Status: in_force

The State Fire Marshal shall promulgate such rules and regulations as are necessary to carry out the provisions of Sections 45-11-71 through 45-11-75 . These rules and regulations shall apply except in any county or municipality which has adopted the Standard Building Code of the Southern Building Code Congress International, with standards not less stringent than the Mississippi Fire Prevention Code.
Miss. Code Ann. § 45-14-63 — MS Code / Title 45 / Chapter 7 / Section 14-63
Miss. Code Ann. § 45-14-63
Status: in_force

The shipper shall provide to the director of the agency the advance notification of shipment required by and specified in the regulations promulgated by the Mississippi State Board of Health at the time of shipment. The agency will provide notification of shipment to appropriate state and local public safety officials.
Miss. Code Ann. § 45-33-21 — MS Code / Title 45 / Chapter 7 / Section 33-21
Miss. Code Ann. § 45-33-21
Status: in_force

The Legislature finds that the danger of recidivism posed by criminal sex offenders and the protection of the public from these offenders is of paramount concern and interest to government. The Legislature further finds that law enforcement agencies' efforts to protect their communities, conduct investigations, and quickly apprehend criminal sex offenders are impaired by the lack of information shared with the public, which lack of information may result in the failure of the criminal justice system to identify, investigate, apprehend, and prosecute criminal sex offenders.

The Legislature further finds that the system of registering criminal sex offenders is a proper exercise of the state's police power regulating present and ongoing conduct. Comprehensive registration and periodic address verification will provide law enforcement with additional information critical to preventing sexual victimization and to resolving promptly incidents involving sexual abuse and exploitation. It will allow law enforcement agencies to alert the public when necessary for the continued protection of the community.

Persons found to have committed a sex offense have a reduced expectation of privacy because of the public's interest in safety and in the effective operation of government. In balancing offenders' due process and other rights, and the interests of public security, the Legislature finds that releasing such information about criminal sex offenders to the general public will further the primary governmental interest of protecting vulnerable populations and, in some instances the public, from potential harm.

Therefore, the state's policy is to assist local law enforcement agencies' efforts to protect their communities by requiring criminal sex offenders to register, to record their addresses of residence, to be photographed and fingerprinted, and to authorize the release of necessary and relevant information about criminal sex offenders to the public as provided in this chapter, which may be referred to as the Mississippi Sex Offenders Registration Law.
Miss. Code Ann. § 45-39-11 — MS Code / Title 45 / Chapter 7 / Section 39-11
Miss. Code Ann. § 45-39-11
Status: in_force

The council shall establish and operate a toll-free telephone service and make the service accessible to persons residing in areas of the state not served by a local crime stoppers program for reporting to the council information about criminal acts. The toll-free service must be available between the hours of 5:00 p.m. and 8:00 a.m. Monday through Thursday and from 5:00 p.m. Friday until 8:00 a.m. Monday. The council shall forward the information received to appropriate law enforcement agencies or local crime stoppers programs.
Miss. Code Ann. § 45-45-13 — MS Code / Title 45 / Chapter 6 / Section 45-13
Miss. Code Ann. § 45-45-13
Status: in_force

(1) The Commissioner of Insurance shall promulgate regulations for the equipment, fees and licenses regulated by this chapter. The regulations shall consider the latest Safety Code for Elevators and Escalators, ASME A17.1/CSA B44; the Safety Code for Existing Elevators and Escalators, ASME A17.3; the Performance-Based Safety Code for Elevators and Escalators, ASME A17.7/CSA B44.7, the Safety Standards for Platform Lifts and Stairway Chairlifts, ASME A18.1; and Standard for the Qualification of Elevator Inspectors, ASME QEI-1.

(2) The licensing authority shall consult with engineering authorities and organizations that are concerned with standard safety codes, the rules and regulations governing the operation, maintenance, servicing, construction, alteration, installation, and inspection of conveyances and the qualifications that are adequate, reasonable and necessary for licensing as an elevator mechanic, contractor and inspector.

(3) Exceptions and variances from the literal requirements of applicable standards and regulations may be granted in cases where an exception or variance would not jeopardize the public safety and welfare.
Miss. Code Ann. § 45-17-9 — MS Code / Title 45 / Chapter 15 / Section 17-9
Miss. Code Ann. § 45-17-9
Status: in_force

Municipalities may provide by ordinance that any person violating the provisions of orders issued by the chief administrative officer pursuant to this authorization during a proclaimed civil emergency be guilty of a misdemeanor and be punished by a fine not exceeding Three Hundred Dollars ($300.00) or six (6) months imprisonment, or both such fine and imprisonment.
Miss. Code Ann. § 45-27-5 — MS Code / Title 45 / Chapter 1 / Section 27-5
Miss. Code Ann. § 45-27-5
Status: in_force

(1) There is hereby established within the Mississippi Department of Public Safety a system for the communication of vital information relating to crimes, criminals and criminal activity to be known as the Mississippi Justice Information Center. Central responsibility for the development, maintenance and operation of the center shall be vested with the director of the Mississippi Justice Information Center.

(2) The director of the center shall maintain the necessary staff to enable the effective and efficient performance of the duties and responsibilities ascribed to the center. Such staff shall include but not be limited to statistical analysis personnel and field monitoring personnel, along with the support services to be procured within state government.

(3) All personnel of the center shall be subject to approval by the state personnel board, with due recognition to be given to the special qualifications and availability of the types of individuals required for such employment.
Miss. Code Ann. § 45-23-15 — MS Code / Title 45 / Chapter 5 / Section 23-15
Miss. Code Ann. § 45-23-15
Status: in_force

(1) This chapter shall not apply to the following boilers and pressure vessels:

(a) Boilers and pressure vessels located on United States Government property and/or under federal government control and pipelines, including compressors and related facilities, which are subject to inspection by any agency of the federal government or other agency of the State of Mississippi;

(b) Pressure vessels used for transportation and storage of compressed gases when constructed in compliance with specifications of the U.S. Department of Transportation and when charged with gas, marked, maintained and when periodically requalified for use, as required by appropriate regulations of the U.S. Department of Transportation;

(c) Air tanks located on vehicles operating under the rules of other state authorities and used for carrying passengers or freight;

(d) Air tanks installed on the right-of-way of railroads and used directly in the operation of trains;

(e) Pressure vessels that do not exceed (i) five (5) cubic feet in volume and two hundred fifty (250) psig pressure, or (ii) one and one-half (1- 1 / 2 ) cubic feet in volume and six hundred (600) psig pressure, or (iii) an inside diameter of six (6) inches or less with no limitation on pressure;

(f) Pressure vessels operating at a working pressure not exceeding fifteen (15) psig;

(g) Vessels with a nominal water-containing capacity of one hundred twenty (120) gallons or less for containing water under pressure, including those containing also air, the compression of which serves only as a cushion;

(h) Boiler and pressure vessels constructed and operated under licenses and permits granted by the U.S. Atomic Energy Commission;

(i) Boilers and pressure vessels used in connection with the production, treating, processing, storage or transportation of oil or natural gas, when located in areas which are remote from places of human habitation or public congregation.

(2) The following boilers and pressure vessels shall be exempt from the requirements of Sections 45-23-31 through 45-23-55 :

(a) Heating boilers which are located in private residences or in apartment houses of less than six (6) family units;

(b) Pressure vessels containing only water under pressure for domestic supply purposes, including those containing also air, the compression of which serves only as a cushion or airlift pumping system when located in private residences or in apartment houses of less than six (6) family units, or those serving rural water systems;

(c) Pressure vessels which are covered under the Liquefied Compressed Gas Equipment Inspection Law of Mississippi, being Sections 75-57-1 through 75-57-63, Mississippi Code of 1972;

(d) Air receiving tanks and attached tanks used in connection with automobile filling stations that do not exceed fifteen (15) cubic feet in volume and two hundred fifty (250) psig pressure and that are used primarily to increase air pressure in automobile tires.
Miss. Code Ann. § 45-10-1 — MS Code / Title 45 / Chapter 1 / Section 10-1
Miss. Code Ann. § 45-10-1
Status: in_force

For purposes of this chapter, “ novelty lighter ” means a mechanical or electrical device typically used for lighting cigarettes, cigars or pipes, grills, fireplaces, campfires or campfire stoves that is designed to resemble a cartoon character, toy, gun, watch, musical instrument, vehicle, animal, food or beverage, or similar articles, or that plays musical notes, or has flashing lights for entertainment or has other entertaining features. A novelty lighter may operate on any fuel, including butane, isobutane or liquid fuel. “Novelty lighter” does not include:

(a) A lighter manufactured prior to January 1, 1980;

(b) A lighter incapable of being fueled or lacking a device necessary to produce combustion or a flame;

(c) Standard disposable and refillable lighters that are printed or decorated with logos, labels, decals or artwork, or heat shrinkable sleeves.
Miss. Code Ann. § 45-21-21 — MS Code / Title 45 / Chapter 13 / Section 21-21
Miss. Code Ann. § 45-21-21
Status: in_force

(1) If no court action or proceeding has been instituted against the holder of such permit to recover property damage incurred as a direct result of such event, if no fine assessed against the holder of such permit for failure to substantially comply with the specifications and plans certified by the state board of health or any pertinent regulation of the state board of health about which the holder of the permit had written notice prior to such certification remains unpaid and if no additional law enforcement expense remains unpaid, then sixty (60) days after the conclusion of such event the sheriff shall return the full amount of the cash bond to the party posting it thereof.

(2) If a court action or proceeding has been instituted against the holder of such permit, then the sheriff shall place such cash bond with such court where such action or proceeding has been instituted to be placed in escrow. If no such court action or proceeding has been instituted but a fine assessed against the holder of such permit for failure to comply with the health and safety regulations remains unpaid, or if any additional law enforcement expense remains unpaid, then the sheriff shall reimburse the political subdivision reasonably incurring such legitimate additional law enforcement expenses, the sheriff shall forward to the court assessing such fine portions of the cash bond to meet such obligations and the sheriff shall forward the remainder of such cash bond returned to the party posting. If the cash bond is insufficient to meet such obligations, then the cash bond shall be apportioned equally among such court and such political subdivision.
Miss. Code Ann. § 45-35-63 — MS Code / Title 45 / Chapter 23 / Section 35-63
Miss. Code Ann. § 45-35-63
Status: in_force

The department shall require an applicant for an identification card for persons with disabilities to furnish a birth certificate or other verifiable evidence stating the applicant's birth date.
Miss. Code Ann. § 45-45-27 — MS Code / Title 45 / Chapter 3 / Section 45-27
Miss. Code Ann. § 45-45-27
Status: in_force

(1) It shall be the responsibility of the owner of all new and existing conveyances located in any building or structure to have the conveyance inspected annually (ASME A17.1/CSA B44, category one) by a licensed elevator inspector who shall supply the property owner or lessee and the licensing authority with a written inspection report that describes any and all code violations. However, if the conveyance is an elevator that serves only two (2) adjacent floors, the owner may request an exemption from the annual inspection requirement pursuant to rules and regulations promulgated by the commissioner governing said exemption. Property owners shall have thirty (30) days from the date of the published inspection report to be in full compliance with correcting the violations.

(2)(a) It shall be the responsibility of the owner of all conveyances to hire an elevator contractor or a limited elevator contractor to supervise the required tests at intervals in compliance with the ASME A17.1/CSA B44 Appendix N, ASME A18.1 and ASCE 21.

(b) All tests shall be performed by a licensed elevator mechanic.
Miss. Code Ann. § 45-3-43 — MS Code / Title 45 / Chapter 1 / Section 3-43
Miss. Code Ann. § 45-3-43
Status: in_force

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

In the purchase and installation of such radio transmitting and receiving equipment the said board of supervisors or governing authority may authorize the commissioner of public safety to make the purchase and installation thereon on behalf of the county or municipality, as the case may be, and may pay the cost of such purchase and installation out of the county or municipal general fund.
Miss. Code Ann. § 45-23-33 — MS Code / Title 45 / Chapter 3 / Section 23-33
Miss. Code Ann. § 45-23-33
Status: in_force

On and after the effective date of the rules and regulations first promulgated by the board, each boiler and pressure vessel used or proposed to be used within this state, except boilers or pressure vessels exempt under Section 45-23-15 , shall be thoroughly inspected as to their construction, installation and condition as follows:

(a) Power boilers and high pressure, high temperature water boilers shall receive a certificate inspection annually or as the board may require and shall also be externally inspected annually while under pressure if possible.

(b) Heating boilers shall receive a certificate inspection biennially.

(c) Pressure vessels subject to internal corrosion shall receive a certificate inspection biennially.

(d) Pressure vessels not subject to internal corrosion shall receive a certificate inspection at intervals set by the board, but internal inspection shall not be required of pressure vessels, the contents of which are known to be noncorrosive to the material of which the shell, heads or fittings are constructed, either from the chemical composition of the contents or from evidence that the contents are adequately treated with a corrosion inhibitor, or from evidence that the vessel parts are isolated from the contents with a corrosion resistant lining, provided that such vessels are constructed in accordance with the rules and regulations of the board, and provided further that evidence proving noncorrosiveness is approved by the board.

(e) Nuclear vessels within the scope of this chapter shall be inspected and reported in such form and with such appropriate information as the board shall designate.

(f) A grace period of two (2) months beyond the periods specified in paragraphs (a), (b), (c) and (d) may elapse between certificate inspections.

(g) The board may, in its discretion, permit longer periods between certificate inspections.

(h) Under the provisions of this chapter, the board shall provide for the safety of life, limb and property, and therefore has jurisdiction over the interpretation and application of the inspection requirements as provided for in the rules and regulations which they have promulgated. Inspection during construction and installation shall certify as to the minimum requirements for safety. Inspection requirements of operating equipment shall be in accordance with generally accepted practice and compatible with the actual service conditions, such as: (i) previous experience, based on records of inspection, performance and maintenance; (ii) location, with respect to personnel hazard; (iii) quality of inspection and operating personnel; (iv) provision for related safe operation controls; (v) interrelation with other operations outside the scope of this chapter.

Based upon documentation of such actual service conditions by the owner or user of the operating equipment, the board may, in its discretion, permit variations in inspection requirements.
Miss. Code Ann. § 45-33-63 — MS Code / Title 45 / Chapter 4 / Section 33-63
Miss. Code Ann. § 45-33-63
Status: in_force

(1) Except as otherwise provided in this section, it is unlawful for a person required to register as a sex offender under Section 45-33-25 to do or commit any of the following actions with respect to the victim of the offense triggering the duty to register under this chapter:

(a) Threaten, visit, assault, molest, abuse, injure, or otherwise interfere with the victim;

(b) Follow the victim, including at the victim's workplace;

(c) Harass the victim;

(d) Contact the victim by telephone, written communication, or electronic means;

(e) Enter or remain present at the victim's residence, school, or place of employment when the victim is present.

(2) This section does not apply if the court in which the conviction was had, at the request of the victim or the parent, guardian or conservator of the victim, enters an order allowing contact with the victim. The court may enter such an order if the court determines that reasonable grounds for the victim to fear any future contact with the defendant no longer exist.

(3) A violation of this section is a felony punishable by a fine of not more than Five Thousand Dollars ($5,000.00) and imprisonment in the custody of the Department of Corrections for not less than five (5) nor more than ten (10) years.

(4) A law enforcement officer shall arrest and take into custody a person, with or without a warrant or other process, if the officer has probable cause to believe that the person knowingly has violated this section.

(5) Nothing in this section shall be construed to affect the issuance or enforcement of a criminal sexual assault protection against a defendant who has been convicted under Section 97-3-65 or 97-3-95 .

(6) This section shall be known as Carly's Law.
Miss. Code Ann. § 45-38-9 — MS Code / Title 45 / Chapter 6 / Section 38-9
Miss. Code Ann. § 45-38-9
Status: in_force

(1) A digital service provider that enters into an agreement with a known minor for access to a digital service shall:

(a) Limit collection of the known minor's personal identifying information to information reasonably necessary to provide the digital service; and

(b) Limit use of the known minor's personal identifying information to the purpose for which the information was collected.

(2) A digital service provider that enters into an agreement with a known minor for access to a digital service may not:

(a) Use the digital service to collect the known minor's precise geolocation data;

(b) Use the digital service to display targeted advertising involving harmful material to the known minor; or

(c) Share, disclose or sell the known minor's personal identifying information unless required to:

(i) Comply with a civil, criminal or regulatory inquiry, investigation, subpoena or summons by a governmental entity;

(ii) Comply with a law enforcement investigation;

(iii) Detect, block or prevent the distribution of unlawful, obscene or other harmful material to a known minor;

(iv) Block or filter spam;

(v) Prevent criminal activity; or

(vi) Protect the security of a digital service.
Miss. Code Ann. § 45-11-41 — MS Code / Title 45 / Chapter 5 / Section 11-41
Miss. Code Ann. § 45-11-41
Status: in_force

In the construction of school buildings all outside doors shall be made to open outwardly. All buildings of two (2) or more stories in height shall be constructed so as to give easy escape in case of fire, by providing modern fire escapes, or by providing iron ladders, slides or stairways on the outside of such buildings. In case of ladders, slides or stairways on the outside, sufficient platform room at the top of such ladder, slide or stairway and sufficient banisters or railings shall be provided to guarantee the safety of the children in getting out of the building. Provided, however, that in any fireproof school buildings with each floor on the ground level and constructed for more than ten (10) years, the board of trustees of the school or attendance center, in their discretion, may not be required to add fire escapes provided within sixty (60) days immediately following the passage of this section they spread upon their minutes a resolution to that effect.
Miss. Code Ann. § 45-27-12 — MS Code / Title 45 / Chapter 14 / Section 27-12
Miss. Code Ann. § 45-27-12
Status: in_force

(1) State conviction information and arrest information which is contained in the center's database or the nonexistence of such information in the center's database shall be made available for the following noncriminal justice purposes:

(a) To any local, state or federal governmental agency that requests the information for the enforcement of a local, state or federal law;

(b) To any individual, nongovernmental entity or any employer authorized either by the subject of record in writing or by state or federal law to receive such information; and

(c) To any federal agency or central repository in another state requesting the information for purposes authorized by law.

(2) Information disseminated for noncriminal justice purposes as specified in this section shall be used only for the purpose for which it was made available and may not be re-disseminated.

(3) No agency or individual shall confirm the existence or nonexistence of criminal history record information to any person or organization that would not be eligible to receive the information pursuant to this section.

(4) Upon request for a check pursuant to this section, the nongovernmental entity or employer must provide proper identification and authorization information from the subject of the record to be checked and adhere to policies established by the center for such record checks.

(5) Any individual or his attorney who is the subject of the record to be checked, upon positive verification of the individual's identity, may request to review the disseminated information and shall follow the procedure set forth in Section 45-27-11 . If the individual wishes to correct the record as it appears in the center's system, the person shall follow the procedure set forth in Section 45-27-11 . The right of a person to review the person's criminal history record information shall not be used by a prospective employer or others as a means to circumvent procedures or fees for accessing records for noncriminal justice purposes.

(6) The center may impose procedures, including the submission of fingerprints, fees or restrictions, as are reasonably necessary to assure the record's security, to verify the identities of those who seek to inspect them, and to maintain an orderly and efficient mechanism for access. All fees shall be assessed and deposited in accordance with the provisions of Section 45-27-8 .

(7) The center shall (a) retain, separate from other division records, personal information, including any fingerprints, sent to it by the Mississippi Department of Health; and (b) notify the Department of Health upon receiving notice that an individual for whom personal information has been retained is the subject of: (i) a warrant for arrest; (ii) an arrest; (iii) a conviction, including a plea in abeyance; or (iv) a pending diversion agreement.

(8) The center is authorized to implement the Rap-Back criminal history records check system, and the Department of Health is authorized to implement and to utilize the state/federal Rap-Back criminal history system as a method of ongoing monitoring of individuals providing such care to Mississippi's vulnerable population in “covered” entities including prospective designated caregivers and entities named in the Mississippi Medical Cannabis Act and to apply for and provide matching funds in order for Mississippi to receive federal grants to make necessary upgrades to the department's data systems to accommodate Rap-Back capabilities.

(9) Local agencies may release their own agency records according to their own policies.

(10) Release of the above-described information for noncriminal justice purposes shall be made only by the center, under the limitations of this section, and such compiled records will not be released or disclosed for noncriminal justice purposes by other agencies in the state.
Miss. Code Ann. § 45-9-83 — MS Code / Title 45 / Chapter 1 / Section 9-83
Miss. Code Ann. § 45-9-83
Status: in_force

(1) This section applies to:

(a) The State of Mississippi, including an agency, department, commission, bureau, board, office, council, court or other entity that is in any branch of state government and which is created by the constitution or a statute of this state;

(b) The governing body of a municipality, county, school district or other district;

(c) An officer, employee or body that is part of a municipality, county, school district or other district, including a sheriff, municipal police department, municipal attorney or county attorney; and

(d) A district attorney or other prosecuting attorney.

(2)(a) An entity described in subsection (1) of this section may not adopt a rule, regulation, order, ordinance or policy under which the entity enforces, or by consistent action allows the enforcement of, a federal statute, order, rule or regulation that purports to regulate a firearm suppressor, as defined in Section 45-9-81 , if the rule, regulation, order, ordinance or policy imposes a prohibition, restriction or other regulation that does not exist under the laws of this state.

(b) An entity or person employed by or otherwise under the direction or control of an entity described in subsection (1) of this section may not enforce or attempt to enforce any federal statute, order, rule or regulation described under paragraph (a) of this subsection.

(3)(a) An entity described in subsection (1) of this section may not receive state funds if the entity adopts a rule, regulation, order, ordinance or policy under which the entity enforces a federal law described under subsection (2)(a) of this section or, by consistent action, allows the enforcement of a federal law described under subsection (2)(a) of this section.

(b) State funds for the entity must be denied for the fiscal year following the year in which a final judicial determination in an action brought under this section is made that the entity has violated subsection (2)(a) of this section.
Miss. Code Ann. § 45-45-7 — MS Code / Title 45 / Chapter 21 / Section 45-7
Miss. Code Ann. § 45-45-7
Status: in_force

(1) Equipment not covered by this chapter includes, but is not limited to, the following:

(a) Material hoists within the scope of ANSI A10.5;

(b) Man lifts within the scope of ASME A90.1;

(c) Mobile scaffolds, towers and platforms within the scope of ANSI A92;

(d) Powered platforms and equipment for exterior and interior maintenance within the scope of ANSI A120.1;

(e) Conveyors and related equipment within the scope of ASME B20.1;

(f) Cranes, derricks, hoists, hooks, jacks and slings within the scope of ASME B30;

(g) Industrial trucks within the scope of ASME B56;

(h) Portable equipment, except for portable escalators that are covered by ASME A17.1/CSA B44 and ASME A17.7/CSA B44.7;

(i) Tiering or piling machines used to move materials to and from storage located and operating entirely within one (1) story;

(j) Equipment for feeding or positioning materials at machine tools, printing presses, or similar equipment;

(k) Kip or furnace hoists;

(l) Wharf ramps;

(m) Railroad car lifts or dumpers;

(n) Line jacks, false cars, shafters, moving platforms and similar equipment used for installing an elevator by an elevator contractor licensed in this state.

(2) The provisions of this chapter shall not apply to any conveyance that is located in a private residence.
Miss. Code Ann. § 45-43-27 — MS Code / Title 45 / Chapter 18 / Section 43-27
Miss. Code Ann. § 45-43-27
Status: in_force

Except to the extent that any local or state regulation or local ordinance imposes a stricter standard, the duties established by this chapter for an owner of a multiunit dwelling project, an owner of a dwelling in a condominium, cooperative, or townhome project and a property owners association supersede those established by common law and any local or state agency regulation and local ordinances relating to duties to inspect, install, repair or maintain:

(a) Pool yard enclosures;

(b) Pool yard enclosure gates and gate latches, including self-closing and self-latching devices;

(c) Keyed dead bolts, keyless bolting devices, sliding-door handle latches, sliding-door security bars, self-latching and self-closing devices, and sliding-door pin locks on doors that open into a pool yard area and that are owned and controlled by the owner or property owners association; and

(d) Latches on windows that open into a pool yard area and that are owned and controlled by the owner or property owners association.
Miss. Code Ann. § 45-14-5 — MS Code / Title 45 / Chapter 11 / Section 14-5
Miss. Code Ann. § 45-14-5
Status: in_force

The following terms as used in this chapter shall have the meanings hereinafter ascribed to them, unless a different meaning is required by the context:

(a) “Act” shall mean the Mississippi Radiation Protection Law of 1976;

(b) “Agency” shall mean the Mississippi State Board of Health;

(c) “Agreement materials” shall mean those materials licensed by the state under agreement with the United States Nuclear Regulatory Commission and which include by-product, source or special nuclear materials in a quantity not sufficient to form a critical mass, as defined by the Atomic Energy Act of 1954 as amended;

(d) “Agreement state” shall mean any state which had consummated an agreement with the United States Nuclear Regulatory Commission under the authority of Section 274(b) of the Atomic Energy Act of 1954 as amended (73 Stat. 689), providing for acceptance by that state of licensing authority for agreement materials and the discontinuance of such activities by the commission;

(e) “Atomic energy” shall mean all forms of energy released in the course of nuclear fission or nuclear fusion or other atomic transformations;

(f) “Board” shall mean the state board of health;

(g) “By-product material” shall mean any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.

(h) “Commission” shall mean the United States Nuclear Regulatory Commission, formerly known as the United States Atomic Energy Commission;

(i) “Council” shall mean the Mississippi Radiation Advisory Council;

(j) “Electronic product” shall mean any manufactured product or device or component part of such a product or device that has an electronic circuit, which during operation can generate or emit a physical field of radiation;

(k) “Emergency” shall mean any condition existing outside the bounds of nuclear operating sites owned or licensed by a federal agency or any condition existing within or outside of the jurisdictional confines of a facility licensed by the agency and arising from by-product material, source material, special nuclear material or other radioactive materials, which is endangering or could reasonably be expected to endanger the health and safety of the public, or to contaminate the environment;

(l) “Ionizing radiation” shall mean gamma rays and x-rays, alpha and beta particles, high speed electrons, neutrons, protons, and other nuclear particles; but not sound or radiowaves, or visible, infrared, or ultraviolet light;

(m) “License” shall mean a license issued pursuant to regulations promulgated under the provisions of this chapter;

(n) “Non-ionizing radiation” shall mean radiation not defined as ionizing radiation, including, but not limited to, such sources as lasers, masers or microwave devices; but does not include sonic, or infrasonic waves or thermally produced visible and infrared light;

(o) “Nuclear energy” shall mean all forms of energy released in the course of nuclear fission or nuclear fusion or other atomic transformations;

(p) “Person” shall mean any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent or agency of the foregoing, other than the United States Nuclear Regulatory Commission, or any successor thereto, and other than federal government agencies licensed by the United States Nuclear Regulatory Commission, or any successor thereto;

(q) “Radiation” shall mean gamma rays and x-rays, alpha and beta particles, high speed electrons, protons, neutrons, and other nuclear particles, and electromagnetic radiation consisting of associated and interacting electric and magnetic waves and ultrasonic waves;

(r) “Radiation machine” shall mean any device capable of producing radiation or nuclear particles when the associated control devices of the machine are operated;

(s) “Radioactive material” shall mean any solid, liquid or gas which emits radiation spontaneously;

(t) “Registration” shall mean a registration issued pursuant to regulations promulgated under the provisions of this chapter;

(u) “Source of radiation” shall mean any radioactive material or any device or equipment emitting or capable of producing radiation;

(v) “Source material” shall mean (1) uranium, thorium or any other material which the agency declares to be source material after the United States Nuclear Regulatory Commission, or any successor thereto, has determined the material to be such; or (2) ores containing one (1) or more of the foregoing materials, in such concentration as the agency declares by order to be source material after the United States Nuclear Regulatory Commission, or any successor thereto, has determined the material in such concentration to be source material, and

(w) “Special nuclear material” shall mean (1) plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the agency declares to be special nuclear material after the United States Nuclear Regulatory Commission, or any successor thereto, has determined the material to be such, but does not include source material; or (2) any material artificially enriched by any of the foregoing, but does not include source material.
Miss. Code Ann. § 45-34-3 — MS Code / Title 45 / Chapter 7 / Section 34-3
Miss. Code Ann. § 45-34-3
Status: in_force

(1) The department shall post a publicly accessible registry online of all offenders by July 1, 2024.

(2)(a) The list must include the offender's full legal name, any aliases by which the offender is or has been known, including any online or internet identifiers and the offender's date of birth.

(b) The list shall not include the offender's social security number, driver's license number, any other state or federal identification number, physical address or telephone numbers.

(3)(a) No offender shall be removed from the registry unless and until all fines, penalties and restitution resulting from conviction have been paid and proof of same provided to the department.

(b) If the offender is not convicted of another registrable offense while listed and if all fines, penalties and restitution have been paid, the department shall remove the offender's information from the list after either five (5) years from the date of the offender's conviction or five (5) years from the date of an offender's release from physical incarceration, whichever is later.

(c) Notwithstanding paragraphs (a) and (b) of this subsection, a person who has served any sentence imposed and paid all fines, penalties and any restitution ordered may petition the department to be removed from the list after the satisfaction of the conditions of this paragraph (c). Upon receipt and confirmation of a true and correct petition, the department shall remove the offender from the registry.
Miss. Code Ann. § 45-27-11 — MS Code / Title 45 / Chapter 11 / Section 27-11
Miss. Code Ann. § 45-27-11
Status: in_force

The center shall make a person's criminal records available for inspection by him or his attorney upon written request. Prior to inspection, the person must submit a set of fingerprints, sign a written authorization for the records check, and provide any other identifying information required by the center. Should such person or his attorney contest the accuracy of any portion of such records, the center shall make available to such person or his attorney a copy of the contested record upon written application identifying the portion of the record contested and showing the reason for the contest of accuracy. Forms, procedures, fees, identification and other related aspects pertinent to such access may be prescribed by the center in making access available.

If an individual believes such information to be inaccurate or incomplete, he may request the original agency having custody or control of the records to purge, modify or supplement them and to so notify the center of such changes. Should the agency decline to so act or should the individual believe the agency's decision to be otherwise unsatisfactory, the individual or his attorney may within thirty (30) days of such decision enter an appeal to the county or circuit court of the county of his residence or to such court in the county where such agency exists. The court in each such case shall conduct a de novo hearing and may order such relief as it finds to be required by law. Such appeals shall be entered in the same manner as other appeals are entered.

Should the record in question be found to be inaccurate or incomplete, the court shall order it to be appropriately expunged, modified or supplemented by an explanatory notation. Each agency or individual in the state with custody, possession or control of any such record shall promptly cause each and every copy thereof in his custody, possession or control to be altered in accordance with the court's order. Notification of each such deletion, amendment and supplementary notation shall be promptly disseminated to any individuals or agencies to which the records in question have been communicated as well as to the individual whose records have been ordered so altered. The center shall not be held liable for the failure to modify, supplement, destroy or expunge records if an agency or court fails to forward to the center proper documentation ordering such action.

Agencies, including the center, at which criminal offender records are sought to be inspected may prescribe reasonable hours and places of inspection and may impose such additional procedures, fees or restrictions, including fingerprinting, as are reasonably necessary both to assure the record's security, to verify the identities of those who seek to inspect them and to maintain an orderly and efficient mechanism for such access.
Miss. Code Ann. § 45-49-3 — MS Code / Title 45 / Chapter 38 / Section 49-3
Miss. Code Ann. § 45-49-3
Status: in_force

(1) An amusement ride may not be operated in this state unless the Mississippi Department of Revenue has issued an operating permit decal for the amusement ride to the owner or operator for the current calendar year.

(2) An application for an operating permit decal must be submitted to the department not fewer than fifteen (15) business days before the first time the amusement ride is operated in the state, and must include the following:

(a) Certificate of insurance in the amount of not less than One Million Dollars ($1,000,000.00) per occurrence that insures the owner or operator against liability for injury to persons and property arising out of the use or operation of the amusement ride;

(b) Payment of a fee not to exceed One Hundred Dollars ($100.00); and

(c) Proof of satisfactory inspection of the ride by a qualified inspector, as defined in Section 45-49-5 , conducted no earlier than fifteen (15) days before the submission of the application for an operating permit decal. The date of the inspection must be indicated on the proof of inspection.

(3) The operating permit decal shall be valid until the end of the calendar year of the date of issue and must be in a manner and format as prescribed by the department.

(4) The operating permit decal must be affixed to the ride in a conspicuous location that is plainly visible to patrons.

(5) The department shall:

(a) Determine the manner and format of the operating permit decal, any forms to be used to apply for the decal, and any forms to be used to report serious injuries or illnesses;

(b) Make any forms and certifications available on the department's website and provide decals to owners or operators;

(c) Subject to the limitations of this chapter, determine the fee for the filing of an operating permit decal;

(d) Allow an owner or operator to apply for operating permit decals for multiple rides at one time, using one (1) form; and

(e) Charge one (1) fee for the filing of each application form, regardless of the number of rides listed on the application.
Miss. Code Ann. § 45-27-8 — MS Code / Title 45 / Chapter 14 / Section 27-8
Miss. Code Ann. § 45-27-8
Status: in_force

The center, by direction of the Commissioner of the Department of Public Safety, shall establish and collect fees reasonably calculated to reimburse the center for the actual cost of searching, reviewing, duplicating and mailing records or information of any kind maintained by the center and authorized for release by this chapter.

No records shall be furnished by the center which are classified as confidential by law.

All fees collected by the center pursuant to this chapter shall be deposited into the Criminal Information Center Special Fund hereby created in the State Treasury. Monies deposited in such fund shall be expended by the center, as authorized and appropriated by the Legislature, to defray the expenses of the center. Any revenue in the fund which is not encumbered at the end of the fiscal year shall not lapse to the State General Fund but shall remain in the special fund.
Miss. Code Ann. § 45-15-11 — MS Code / Title 45 / Chapter 14 / Section 15-11
Miss. Code Ann. § 45-15-11
Status: in_force

No person shall operate any crane, derrick, power shovel, drilling rig, pile driver, hoisting equipment, or similar apparatus, or any part thereof, which could be brought within ten (10) feet of any high voltage overhead line, unless:

(a) There is posted and maintained a warning sign, as herein defined, clearly legible and placed as follows:

(i) Within the equipment readily visible to the operator of such equipment when at the controls of such equipment; and

(ii) On the outside of the equipment in such number and location as to be readily visible to mechanics or other persons engaged in the work operations;

(b) There is installed an insulated cage-type guard or protective device about the boom or arm of all equipment, except backhoes or dippers and, where the equipment includes a lifting hook device, all lifting lines are equipped with insulator links on the lift hook connection; and

(c) A person is designated to observe clearance of the equipment from any nearby high voltage overhead lines and to give timely warning for all operations where it is difficult by visual means for the operator to determine and to maintain the required clearance.
Miss. Code Ann. § 45-11-253 — MS Code / Title 45 / Chapter 11 / Section 11-253
Miss. Code Ann. § 45-11-253
Status: in_force

The board shall:

(a) Establish minimum educational and training standards for fire personnel.

(b) Certify persons as being qualified under Sections 45-11-251 and 45-11-253 to be fire personnel.

(c) Revoke certifications for cause and in the manner provided in Sections 45-11-251 and 45-11-253 .

(d) Establish minimum curriculum requirements for basic and advanced courses and programs for schools operated by or for the state or any political subdivision thereof for the specific purpose of training fire personnel.

(e) Make recommendations concerning any matter within its purview.

(f) Make such inspection and evaluation as may be necessary to determine if governmental units are complying with Sections 45-11-251 and 45-11-253 at cost to those units.

(g) Approve fire training schools for operation by or for the state or any political subdivision thereof for the specific purpose of training personnel.

(h) Upon the request of agencies, conduct surveys or aid municipalities and counties to conduct surveys at cost to those agencies through qualified public or private agencies and assist in the implementation of any recommendations resulting from such surveys.

(i) Upon request of training agencies, conduct general and specific management surveys and studies of the operations of the requesting agencies at cost to those agencies. The role of the board under this subsection shall be that of consultant.

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

(k) Enter into contracts or do such things as may be necessary and incidental to the administration of Sections 45-11-251 and 45-11-253 .

(l) Promulgate rules and regulations for the administration of Sections 45-11-251 and 45-11-253 , including the authority to require the submission of reports and information by fire service agencies.
Miss. Code Ann. § 45-43-25 — MS Code / Title 45 / Chapter 10 / Section 43-25
Miss. Code Ann. § 45-43-25
Status: in_force

The owner of a multiunit rental complex or a property owners association is not required to enclose a body of water or construct barriers between the owner's or property owners association's property and a body of water such as an ocean, bay, lake, pond, bayou, river, creek, stream, spring, reservoir, stock tank, culvert, drainage ditch, detention pond, or other flood or drainage facility.
Miss. Code Ann. § 45-13-1 — MS Code / Title 45 / Chapter 10 / Section 13-1
Miss. Code Ann. § 45-13-1
Status: in_force

Except as herein provided, the manufacture, sale, possession or use of fireworks in this state is prohibited, provided the manufacture, sale, possession and use of fireworks which are now or may hereafter be classified as “common fireworks” by the Interstate Commerce Commission, and are labeled by said commission with the Class C common fireworks label, and which were designed to produce an audible effect shall contain an explosive composition not exceeding two (2) grains in weight, such fireworks being referred to as safe and sane items, and including such items as cone fountains, small Chinese crackers, small non-explosive Roman candles and rockets, and similar non-dangerous items, shall be permitted within this state, but only upon the conditions as hereinafter set forth in this article. Paper caps for use in toy guns and similar items and nonexplosive sparklers are not included within the term “fireworks” as herein used.
Miss. Code Ann. § 45-43-5 — MS Code / Title 45 / Chapter 35 / Section 43-5
Miss. Code Ann. § 45-43-5
Status: in_force

The provisions of this chapter shall only apply to: a pool owned, controlled or maintained by the owner of a multiunit rental complex, property owners association, or private club; and doors and windows of rental dwellings opening into the pool yard of a multiunit rental complex or a condominium, cooperative, or townhome project. This chapter does not apply to any private club that does not allow members or guests under the age of twelve (12) or to any multiunit rental complex that does not allow residents under the age of twelve (12).
Miss. Code Ann. § 45-13-13 — MS Code / Title 45 / Chapter 13 / Section 13-13
Miss. Code Ann. § 45-13-13
Status: in_force

The provisions of this article shall not in any manner limit or affect the right of the governing body of municipalities and the boards of supervisors of counties to regulate or hereafter prohibit the possession, sale and use of fireworks of any kind within the limits thereof.
Miss. Code Ann. § 45-14-31 — MS Code / Title 45 / Chapter 6 / Section 14-31
Miss. Code Ann. § 45-14-31
Status: in_force

(1) All initial application and registration fees and annual fees due under this section shall be paid directly to the agency for deposit into the Radiological Health Operations Fund in the State Treasury. The Mississippi State Board of Health shall submit its separate budget for carrying out the provisions of this chapter. The budget shall be subject to and shall comply with the requirements of the state budget law.

(2) In order to supplement state radiological health budget allocations authorized to carry out and enforce the provisions of this chapter, the agency is authorized to charge and collect fees for the following radiological health services:

(a) Materials Licensing Fees: application fee and annual fees shall be in congruence with and subject to 10 C.F.R. 170.21 , 10 C.F.R. 170.31 and 10 C.F.R. 170.32 ; and

(b) Except as otherwise provided by law, the State Board of Health or the State Department of Health may increase the amount of any fee charged by the board or the department for providing radiation health services, including the issuance and renewal of licenses and registrations, not more than two (2) times during the period of July 1, 2024, through June 30, 2028, with the percentage of each increase being not more than twenty-five percent (25%) of the amount of the fee in effect at the time of the increase.

The radiological health services that are included in each specified category shall be determined by the agency by rules and regulations adopted by the agency.

(3) The agency shall set the amount of the fees for all other radiological health services not specified in subsection (2) of this section, and any increase in the fees charged by the agency under this subsection shall be in accordance with the provisions of Section 41-3-65 .
Miss. Code Ann. § 45-49-1 — MS Code / Title 45 / Chapter 45 / Section 49-1
Miss. Code Ann. § 45-49-1
Status: in_force

The following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise:

(a) “ Amusement ride ” or “ ride ” means a mechanical device that carries or conveys passengers along, around or over a fixed or restricted route or course for the purpose of giving the passengers amusement, pleasure, thrills or excitement. The term “amusement ride” does not include bungee jumping, zip lines, waterslides, or obstacle, challenge or adventure courses.

(b) “ Ride operator ” means the person having direct control of the starting, stopping, or speed of an amusement ride.

(c) “ Owner or operator ” means the person or organization that is responsible for the maintenance and operation of an amusement ride or amusement device.

(d) “ Department ” means the Mississippi Department of Revenue.

(e) “ Serious injuries or illnesses ” means a person's injury or illness that results in death, dismemberment, significant disfigurement, permanent loss of the use of a body organ, member, function, or system, a compound fracture, or other significant injury or illness that requires immediate admission and overnight hospitalization and observation by a licensed physician.

(f) “ Minor injuries or illnesses ” means injuries and illnesses that may or may not require emergency first aid or significant treatment, or both, but cannot be otherwise classified as a serious injury or illness. This term includes incidents where treatment is limited to such things as the dispensation of over-the-counter medication or plastic adhesive strips, cleansing, rest, and other similar duties or assistance.
Miss. Code Ann. § 45-23-47 — MS Code / Title 45 / Chapter 17 / Section 23-47
Miss. Code Ann. § 45-23-47
Status: in_force

No inspection certificate issued for an insured boiler or pressure vessel based upon a report of a special inspector shall be valid after the boiler or pressure vessel for which it was issued shall cease to be insured by a company duly authorized by this state to provide such insurance.
Miss. Code Ann. § 45-45-31 — MS Code / Title 45 / Chapter 21 / Section 45-31
Miss. Code Ann. § 45-45-31
Status: in_force

The provisions of this chapter are not retroactive unless otherwise stated and equipment shall be required to comply with the applicable code at the date of its installation or within the period determined by the Commissioner of Insurance. If, upon the inspection of any device covered by this chapter, the equipment is found in dangerous condition or there is an immediate hazard to those riding or using such equipment, the administrator shall notify the owner of the condition and any corrective action taken, or required by the administrator, and shall order such alterations or additions as may be deemed necessary to eliminate the dangerous condition. Further, upon a finding of a danger to the public, the administrator may order the immediate cessation of the use of such device.
Miss. Code Ann. § 45-35-5 — MS Code / Title 45 / Chapter 27 / Section 35-5
Miss. Code Ann. § 45-35-5
Status: in_force

Data for the issuance of an identification card shall include a birth certificate or other document to establish the age and identity of the applicant, the social security number of the applicant, and such other identifying data as is required on an application for issuance of a drivers license.
Miss. Code Ann. § 45-35-3 — MS Code / Title 45 / Chapter 33 / Section 35-3
Miss. Code Ann. § 45-35-3
Status: in_force

(1) Any person six (6) years of age or older may be issued an identification card by the department which is certified by the registrant and attested by the commissioner as to true name, correct age and such other identifying data as required by Section 45-35-5 .

(2) The new, renewal or duplicate identification card of a person required to register as a sex offender pursuant to Section 45-33-25 shall bear a designation identifying the cardholder as a sex offender.

(3) The commissioner is authorized to provide the new, renewal or duplicate identification card to any honorably discharged veteran as defined in Title 38 of the United States Code, and such identification card shall exhibit the letters “Vet” or any other mark identifying the person as a veteran. The veteran requesting the “Vet” designation shall present his DD-214 or equivalent document that includes a notation from the State Veterans Affairs Board that the applicant is a veteran.

(4) Not later than July 1, 2021, the commissioner shall develop and implement an identification card in electronic format as an additional option for card holders. Acceptable electronic formats include display of electronic images on a cellular phone or any other type of electronic device.
Miss. Code Ann. § 45-35-71 — MS Code / Title 45 / Chapter 23 / Section 35-71
Miss. Code Ann. § 45-35-71
Status: in_force

The Department of Public Safety shall be the state agency with responsibility for regulating a digital wallet for state agency credentials. The Commissioner of Public Safety may promulgate rules and regulations regarding such digital wallet technology.
Miss. Code Ann. § 45-45-23 — MS Code / Title 45 / Chapter 41 / Section 45-23
Miss. Code Ann. § 45-45-23
Status: in_force

(1) A permit must be obtained before a conveyance covered by this chapter shall be erected, constructed, installed or altered within buildings or structures in this state. Where any material alteration is made, the device shall conform to applicable requirements as determined by the commissioner. A permit may be issued only to a licensed elevator contractor, and a copy of the permit shall be kept at the construction site at all times while the work is in progress.

(2) Each application for a permit shall be accompanied by copies of specifications and accurately scaled and fully dimensioned plans showing the location of the installation in relation to the plans and elevation of the building; the location of the machinery room/machinery space and the equipment to be installed, relocated or altered; all structural supporting members thereof, including foundations; and shall specify all materials to be employed and all loads to be supported or conveyed. The plans and specifications shall be sufficiently complete to illustrate all details of construction and design.

(3) Permits may be revoked for the following reasons:

(a) Where any false statement or misrepresentation as to the material facts was made in the application, plans, or specifications on which the permit was based.

(b) Where the permit was issued in error and should not have been issued in accordance with the code.

(c) Where the work detailed under the permit is not being performed in accordance with the provisions of the application, plans or specifications or with the code or conditions of the permit.

(d) Where the elevator contractor to whom the permit was issued fails or refuses to comply with a stop work order.

(4)(a) A permit expires if the work authorized by a permit is not commenced within six (6) months after the date of issuance.

(b) For good cause, an extension of the permit may be granted.

(5) A permit is not required for a repair.

(6) The commissioner may by rules and regulations establish a fee schedule for the permits and certifications issued under this section. The fee schedule must be similar to fees charged for the same services in surrounding states.
Miss. Code Ann. § 45-38-3 — MS Code / Title 45 / Chapter 7 / Section 38-3
Miss. Code Ann. § 45-38-3
Status: in_force

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

(a) “ Digital service ” means a website, an application, a program, or software that collects or processes personal identifying information with Internet connectivity.

(b) “ Digital service provider ” means a person who:

(i) Owns or operates a digital service;

(ii) Determines the purpose of collecting and processing the personal identifying information of users of the digital service; and

(iii) Determines the means used to collect and process the personal identifying information of users of the digital service.

(c) “ Harmful material ” means material that is harmful to minors as defined by Section 11-77-3(d) .

(d) “ Known minor ” means a child who is younger than eighteen (18) years of age who has not had the disabilities of minority removed for general purposes, and who the digital service provider knows to be a minor.

(e) “ Personal identifying information ” means any information, including sensitive information, that is linked or reasonably linkable to an identified or identifiable individual. The term includes pseudonymous information when the information is used by a controller or processor in conjunction with additional information that reasonably links the information to an identified or identifiable individual. The term does not include deidentified information or publicly available information.
Miss. Code Ann. § 45-35-63 — MS Code / Title 45 / Chapter 2 / Section 35-63
Miss. Code Ann. § 45-35-63
Status: in_force

The department shall require an applicant for an identification card for persons with disabilities to furnish a birth certificate or other verifiable evidence stating the applicant's birth date.
Miss. Code Ann. § 45-14-53 — MS Code / Title 45 / Chapter 13 / Section 14-53
Miss. Code Ann. § 45-14-53
Status: in_force

The Legislature finds that the transportation of radioactive waste poses a potential threat to the health and safety of the people of Mississippi. The protection of public health and safety in the event of a transportation accident involving radioactive waste requires the preparation of emergency response procedures and the training of public safety officials in the proper response to such an incident. The costs of radiological emergency response planning for transportation accidents should properly be borne by shippers of radioactive waste.
Miss. Code Ann. § 45-11-55 — MS Code / Title 45 / Chapter 11 / Section 11-55
Miss. Code Ann. § 45-11-55
Status: in_force

Every day's omission or failure by any person to do whatever under the provisions of Sections 45-11-21 through 45-11-55 is required to be done or provided, shall be considered and treated as a separate offense.
Miss. Code Ann. § 45-14-5 — MS Code / Title 45 / Chapter 10 / Section 14-5
Miss. Code Ann. § 45-14-5
Status: in_force

The following terms as used in this chapter shall have the meanings hereinafter ascribed to them, unless a different meaning is required by the context:

(a) “Act” shall mean the Mississippi Radiation Protection Law of 1976;

(b) “Agency” shall mean the Mississippi State Board of Health;

(c) “Agreement materials” shall mean those materials licensed by the state under agreement with the United States Nuclear Regulatory Commission and which include by-product, source or special nuclear materials in a quantity not sufficient to form a critical mass, as defined by the Atomic Energy Act of 1954 as amended;

(d) “Agreement state” shall mean any state which had consummated an agreement with the United States Nuclear Regulatory Commission under the authority of Section 274(b) of the Atomic Energy Act of 1954 as amended (73 Stat. 689), providing for acceptance by that state of licensing authority for agreement materials and the discontinuance of such activities by the commission;

(e) “Atomic energy” shall mean all forms of energy released in the course of nuclear fission or nuclear fusion or other atomic transformations;

(f) “Board” shall mean the state board of health;

(g) “By-product material” shall mean any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.

(h) “Commission” shall mean the United States Nuclear Regulatory Commission, formerly known as the United States Atomic Energy Commission;

(i) “Council” shall mean the Mississippi Radiation Advisory Council;

(j) “Electronic product” shall mean any manufactured product or device or component part of such a product or device that has an electronic circuit, which during operation can generate or emit a physical field of radiation;

(k) “Emergency” shall mean any condition existing outside the bounds of nuclear operating sites owned or licensed by a federal agency or any condition existing within or outside of the jurisdictional confines of a facility licensed by the agency and arising from by-product material, source material, special nuclear material or other radioactive materials, which is endangering or could reasonably be expected to endanger the health and safety of the public, or to contaminate the environment;

(l) “Ionizing radiation” shall mean gamma rays and x-rays, alpha and beta particles, high speed electrons, neutrons, protons, and other nuclear particles; but not sound or radiowaves, or visible, infrared, or ultraviolet light;

(m) “License” shall mean a license issued pursuant to regulations promulgated under the provisions of this chapter;

(n) “Non-ionizing radiation” shall mean radiation not defined as ionizing radiation, including, but not limited to, such sources as lasers, masers or microwave devices; but does not include sonic, or infrasonic waves or thermally produced visible and infrared light;

(o) “Nuclear energy” shall mean all forms of energy released in the course of nuclear fission or nuclear fusion or other atomic transformations;

(p) “Person” shall mean any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent or agency of the foregoing, other than the United States Nuclear Regulatory Commission, or any successor thereto, and other than federal government agencies licensed by the United States Nuclear Regulatory Commission, or any successor thereto;

(q) “Radiation” shall mean gamma rays and x-rays, alpha and beta particles, high speed electrons, protons, neutrons, and other nuclear particles, and electromagnetic radiation consisting of associated and interacting electric and magnetic waves and ultrasonic waves;

(r) “Radiation machine” shall mean any device capable of producing radiation or nuclear particles when the associated control devices of the machine are operated;

(s) “Radioactive material” shall mean any solid, liquid or gas which emits radiation spontaneously;

(t) “Registration” shall mean a registration issued pursuant to regulations promulgated under the provisions of this chapter;

(u) “Source of radiation” shall mean any radioactive material or any device or equipment emitting or capable of producing radiation;

(v) “Source material” shall mean (1) uranium, thorium or any other material which the agency declares to be source material after the United States Nuclear Regulatory Commission, or any successor thereto, has determined the material to be such; or (2) ores containing one (1) or more of the foregoing materials, in such concentration as the agency declares by order to be source material after the United States Nuclear Regulatory Commission, or any successor thereto, has determined the material in such concentration to be source material, and

(w) “Special nuclear material” shall mean (1) plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the agency declares to be special nuclear material after the United States Nuclear Regulatory Commission, or any successor thereto, has determined the material to be such, but does not include source material; or (2) any material artificially enriched by any of the foregoing, but does not include source material.
Miss. Code Ann. § 45-23-45 — MS Code / Title 45 / Chapter 6 / Section 23-45
Miss. Code Ann. § 45-23-45
Status: in_force

Each such company shall, in addition, file annually with the board a statement, signed by the engineer having supervision over the inspections made during the period covered thereby, stating the number of vessels covered by this chapter inspected during the year and certifying that each such inspection was conducted pursuant to the inspection requirements provided for by this chapter. Such annual statement shall be accompanied by a filing fee in accordance with the following schedule:

(a) For statements covering not more than twenty-five (25) vessels--Three Dollars ($3.00) per vessel.

(b) For statements covering more than twenty-five (25) but less than one hundred one (101) vessels--Seventy-five Dollars ($75.00).

(c) For statements covering more than one hundred (100) but less than five hundred one (501) vessels--One Hundred Fifty Dollars ($150.00).

(d) For statements covering more than five hundred (500) vessels--Three Hundred Dollars ($300.00).

Any increase in the fee charged by the board under this section shall be in accordance with the provisions of Section 41-3-65 .
Miss. Code Ann. § 45-45-25 — MS Code / Title 45 / Chapter 15 / Section 45-25
Miss. Code Ann. § 45-45-25
Status: in_force

(1) All new conveyance installations shall be performed by a licensed elevator contractor who must certify compliance with this chapter upon completion of the work. Before any conveyance is used, the property owner or lessee must obtain a certificate of operation. It is the responsibility of the licensed elevator contractor to complete and submit first-time registration(s) for new installations.

(2) A certificate of operation is renewable annually, except that certificates issued for platform and stairway chairlifts for private residences shall be valid for a period of three (3) years. A certificate of operation must be clearly displayed on or in each conveyance or in the machine room/machinery space for use for the benefit of code enforcement staff.
Miss. Code Ann. § 45-33-37 — MS Code / Title 45 / Chapter 13 / Section 33-37
Miss. Code Ann. § 45-33-37
Status: in_force

(1) The Mississippi Forensics Laboratory shall develop a plan for and establish a deoxyribonucleic acid (DNA) identification system. In implementing the plan, the Mississippi Forensics Laboratory shall purchase the appropriate equipment. The DNA identification system as established herein shall be compatible with that utilized by the Federal Bureau of Investigation.

(2) From and after January 1, 1996, every individual convicted of a sex offense or in the custody of the Mississippi Department of Corrections for a sex offense as defined in Section 45-33-23 shall submit a biological sample for purposes of DNA identification analysis before release from or transfer to a state correctional facility or county jail or other detention facility.

(3) From and after January 1, 1996, any person having a duty to register under Section 45-33-25 for whom a DNA analysis is not already on file shall submit a biological sample for purposes of DNA identification analysis within five (5) working days after registration.

(4) The Mississippi Forensics Laboratory shall be responsible for the policy management and administration of the state DNA identification record system to support law enforcement and other criminal justice agencies and shall:

(a) Promulgate rules and regulations to implement the provisions of this section; and

(b) Provide for cooperation with the Federal Bureau of Investigation and other criminal justice agencies relating to the state's participation in the Combined DNA Index System (CODIS) program and the national DNA identification index or in any DNA database designated by the Forensics Laboratory.

(5) A DNA sample obtained in good faith shall be deemed to have been obtained in accordance with the requirements of this section. Any entry into the database which is found to be erroneous shall not prohibit law enforcement officials from the legitimate use of information in the furtherance of a criminal investigation.
Miss. Code Ann. § 45-35-57 — MS Code / Title 45 / Chapter 17 / Section 35-57
Miss. Code Ann. § 45-35-57
Status: in_force

The face of the identification card for persons with disabilities shall bear the word “TRANSPORTATION” with a box or blank space adjacent thereto. The issuer of the card shall place an “X” in such box or blank space if the applicant's disability creates mobility limitations which prevent him or her from climbing stairs or otherwise from entering normally designed buses or other vehicles normally used for public transportation. When so marked, the identification card for persons with disabilities shall serve as sufficient proof of the need for special transportation services for persons with disabilities provided by any entity in this state.
Miss. Code Ann. § 45-38-13 — MS Code / Title 45 / Chapter 1 / Section 38-13
Miss. Code Ann. § 45-38-13
Status: in_force

(1) Except as provided by subsection (2) of this section, this chapter may not be construed as providing a basis for, or being subject to, a private right of action for a violation of this chapter.

(2) If a digital service provider violates this chapter, the parent or guardian of a known minor affected by that violation may bring a cause of action seeking:

(a) A declaratory judgment under Rule 57 of Mississippi Rules of Civil Procedure ; or

(b) An injunction against the digital service provider.

(3) A court may not certify an action brought under this section as a class action.
Miss. Code Ann. § 45-1-53 — MS Code / Title 45 / Chapter 1 / Section 1-53
Miss. Code Ann. § 45-1-53
Status: in_force

The Mississippi Department of Public Safety Headquarters' Office, to be constructed and located in Pearl, Rankin County, Mississippi, shall be named the “David R. Huggins Headquarters of the Mississippi Department of Public Safety.” The Department of Finance and Administration shall prepare or have prepared a distinctive plaque, to be approved by the Mississippi Department of Public Safety, to be placed in a prominent place within the building, that states the background, accomplishments and service to the state by Commissioner David R. Huggins. The Department of Finance and Administration, in conjunction with the Mississippi Department of Public Safety, shall erect or cause to be erected proper lettering or signage on the outdoor facade of the building displaying the official name of the building as the “David R. Huggins Headquarters of the Mississippi Department of Public Safety.” Any and all funds necessary to accomplish this act will be appropriated by the Legislature for such purpose.
Miss. Code Ann. § 45-11-1 — MS Code / Title 45 / Chapter 6 / Section 11-1
Miss. Code Ann. § 45-11-1
Status: in_force

(1) The Commissioner of Insurance is by virtue of his office the State Fire Marshal and shall appoint the State Chief Deputy Fire Marshal who, along with his employees, shall be designated as a division of the Insurance Department. The State Chief Deputy Fire Marshal shall be a person qualified by experience and training and thoroughly knowledgeable in the areas of arson investigation and prevention, fire prevention, fire fighting and the training of firemen. The State Chief Deputy Fire Marshal shall serve at the will and pleasure of the Commissioner of Insurance.

(2) The State Chief Deputy Fire Marshal shall employ such deputy state fire marshals as are necessary and in accordance with availability of funds. Deputy fire marshals shall be deployed across the state in order to provide effective service to fire scenes.

(3) It shall be the duty of the State Chief Deputy Fire Marshal to investigate, by himself or his deputy, the origin of every fire occurring within the state to which his attention is called by the chief of the fire department or other law enforcement authority of any county or municipality. It shall also be his duty to investigate any case requested by any party in interest, whenever, in his judgment, there be sufficient evidence or circumstances indicating that such fire may be of incendiary origin. All county and municipal law enforcement authorities shall cooperate with the State Chief Deputy Fire Marshal in such investigation. This section shall not be construed to impair the duty and power of county and municipal law enforcement authorities to investigate any fire occurring within his or their jurisdiction.

(4)(a) The State Chief Deputy Fire Marshal and deputy state fire marshals shall have the following powers:

(i) To arrest without warrant any person or persons committing or attempting to commit any misdemeanor or felony within their presence or view but only such violations of law or violations of regulations adopted pursuant to this chapter or Chapter 49, Title 75, Mississippi Code of 1972;

(ii) To pursue and so arrest any person committing an offense as described under subparagraph (i) of this paragraph to and at any place in the State of Mississippi where he may go or be;

(iii) To execute all warrants and search warrants related to, and investigate any violation of the laws and regulations related to this chapter and Chapter 49, Title 75, Mississippi Code of 1972 , and prevent, arrest and apprehend such violators; and

(iv) To aid and assist any peace officer of this state or any other state if requested, or in manhunts or natural disasters within the state, and upon the consent of the State Fire Marshal, within the jurisdiction of the called event.

(b) Nothing herein shall be construed as granting the State Chief Deputy Fire Marshal or deputy state fire marshals general police powers.

(c) All deputy state fire marshals hired on or after July 1, 2013, shall be required to complete or have completed the Law Enforcement Officers Training Program and shall meet the standards of the program.

(5) The State Chief Deputy Fire Marshal shall maintain in his office a record of all fires investigated by him or his deputy, including evidence obtained as to the origin of each such fire.

(6) Such record shall at all times be subject to inspection by any party of interest in the fire loss; provided, however, that no record or report of an investigation shall be subject to inspection pending such investigation or while same is in progress, and if a report of an investigation contains any evidence of arson or other felony, same shall not be subject to inspection by any person other than the district attorney and county attorney of the county in which such evidence indicates that arson or other felony may have been committed, except upon the written approval of such district attorney or the order of a court of competent jurisdiction. Provided that in cases where a person has been arrested for the crimes of arson, attempted arson, or any other felony, the defendant or his attorney shall have access to these records. Any physical evidence of arson or other felony shall be delivered to the custody of the sheriff of the county wherein such fire occurred.

(7) The State Chief Deputy Fire Marshal may appoint, with the consent of the Commissioner of Insurance, a State Chief Assistant Deputy Fire Marshal, who shall have power, during the chief deputy's absence or inability to act due to any cause, to perform any and all of the duties of the chief deputy. The chief assistant deputy shall serve at the will and pleasure of the Commissioner of Insurance.
Miss. Code Ann. § 45-43-29 — MS Code / Title 45 / Chapter 9 / Section 43-29
Miss. Code Ann. § 45-43-29
Status: in_force

The remedies contained in this chapter are not exclusive and are not intended to affect existing remedies allowed by law or other procedures.
Miss. Code Ann. § 45-33-55 — MS Code / Title 45 / Chapter 4 / Section 33-55
Miss. Code Ann. § 45-33-55
Status: in_force

Except for juvenile criminal history information that has been sealed by order of the court, this chapter exempts sex offenses from laws of this state or court orders authorizing the destroying, expunging, purging or sealing of criminal history records to the extent such information is authorized for dissemination under this chapter.
Miss. Code Ann. § 45-13-107 — MS Code / Title 45 / Chapter 13 / Section 13-107
Miss. Code Ann. § 45-13-107
Status: in_force

Any person who has dynamite, nitroglycerine, explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, detonators or other similar explosives in his possession and being engaged in a lawful business which ordinarily requires the use thereof in the ordinary and usual conduct of such business, and who possesses said articles for the purpose of use in said business, or any seller, dealer, or person transporting said articles, shall keep said articles under his control and secure from theft or pilferage at all times.
Miss. Code Ann. § 45-14-7 — MS Code / Title 45 / Chapter 2 / Section 14-7
Miss. Code Ann. § 45-14-7
Status: in_force

(1) The state board of health is hereby designated as the state agency to administer a statewide radiation protection program consistent with the provisions of this chapter.

(2) There is hereby created and established the Mississippi Radiation Advisory Council as a separate division of the agency. It is made the duty of the council, and it is hereby granted the authority to:

(a) Advise the agency in the development of comprehensive policies and programs for the evaluation, determination and reduction of hazards associated with the use of radiation, and

(b) Assist in the formulation and approval of rules, regulations and standards relating to receipt, possession, use, transfer, ownership, acquisition, manufacture, production, transportation, handling, servicing, installation, storage, disposal, sale, lease or other disposition of sources of radiation as may be necessary to carry out the provisions of this chapter. The recommendation of nationally recognized bodies in the field of radiation protection shall be taken into consideration in the formulation of such rules, regulations and standards.
Miss. Code Ann. § 45-27-21 — MS Code / Title 45 / Chapter 3 / Section 27-21
Miss. Code Ann. § 45-27-21
Status: in_force

A certified copy of every expunction and nonadjudication order shall be sent by the circuit clerk to the Mississippi Criminal Information Center where it shall be maintained in a separate confidential database accessible only upon written request by a district attorney, a county prosecuting attorney, a municipal court prosecuting attorney, the Attorney General of Mississippi and the Mississippi Law Enforcement Standards and Training Board. Any criminal conviction which has been expunged or nonadjudicated may be used for the purpose of determining habitual offender status and for the use of the Mississippi Law Enforcement Standards and Training Board in giving or retaining law enforcement certification, and to ensure that a person is only eligible for first-offender status one (1) time.
Miss. Code Ann. § 45-13-1 — MS Code / Title 45 / Chapter 12 / Section 13-1
Miss. Code Ann. § 45-13-1
Status: in_force

Except as herein provided, the manufacture, sale, possession or use of fireworks in this state is prohibited, provided the manufacture, sale, possession and use of fireworks which are now or may hereafter be classified as “common fireworks” by the Interstate Commerce Commission, and are labeled by said commission with the Class C common fireworks label, and which were designed to produce an audible effect shall contain an explosive composition not exceeding two (2) grains in weight, such fireworks being referred to as safe and sane items, and including such items as cone fountains, small Chinese crackers, small non-explosive Roman candles and rockets, and similar non-dangerous items, shall be permitted within this state, but only upon the conditions as hereinafter set forth in this article. Paper caps for use in toy guns and similar items and nonexplosive sparklers are not included within the term “fireworks” as herein used.
Miss. Code Ann. § 45-14-65 — MS Code / Title 45 / Chapter 2 / Section 14-65
Miss. Code Ann. § 45-14-65
Status: in_force

The agency, in conjunction with the state board of health, shall develop as soon as practicable a training program for public safety officials which shall include instruction on emergency response to transportation accidents involving radioactive waste.
Miss. Code Ann. § 45-14-31 — MS Code / Title 45 / Chapter 13 / Section 14-31
Miss. Code Ann. § 45-14-31
Status: in_force

(1) All initial application and registration fees and annual fees due under this section shall be paid directly to the agency for deposit into the Radiological Health Operations Fund in the State Treasury. The Mississippi State Board of Health shall submit its separate budget for carrying out the provisions of this chapter. The budget shall be subject to and shall comply with the requirements of the state budget law.

(2) In order to supplement state radiological health budget allocations authorized to carry out and enforce the provisions of this chapter, the agency is authorized to charge and collect fees for the following radiological health services:

(a) Materials Licensing Fees: application fee and annual fees shall be in congruence with and subject to 10 C.F.R. 170.21 , 10 C.F.R. 170.31 and 10 C.F.R. 170.32 ; and

(b) Except as otherwise provided by law, the State Board of Health or the State Department of Health may increase the amount of any fee charged by the board or the department for providing radiation health services, including the issuance and renewal of licenses and registrations, not more than two (2) times during the period of July 1, 2024, through June 30, 2028, with the percentage of each increase being not more than twenty-five percent (25%) of the amount of the fee in effect at the time of the increase.

The radiological health services that are included in each specified category shall be determined by the agency by rules and regulations adopted by the agency.

(3) The agency shall set the amount of the fees for all other radiological health services not specified in subsection (2) of this section, and any increase in the fees charged by the agency under this subsection shall be in accordance with the provisions of Section 41-3-65 .
Miss. Code Ann. § 45-11-111 — MS Code / Title 45 / Chapter 7 / Section 11-111
Miss. Code Ann. § 45-11-111
Status: in_force

Any person, firm or corporation who shall knowingly and willfully violate the terms or provisions of the Mississippi Fire Prevention Code shall be guilty of a misdemeanor and upon conviction therefor shall be sentenced to pay a fine of not to exceed One Thousand Dollars ($1,000.00), and in case of continuing violations without reasonable effort on the part of the defendant to correct same, each day the violation continues thereafter shall be a separate offense.
Miss. Code Ann. § 45-13-15 — MS Code / Title 45 / Chapter 1 / Section 13-15
Miss. Code Ann. § 45-13-15
Status: in_force

Any person, firm, partnership or corporation violating any provision of this article shall be guilty of a felony, and shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00) and/or imprisonment in the county jail or state penitentiary not to exceed one (1) year. In addition to said criminal penalties, any person, firm, partnership or corporation violating any provision of this article shall be responsible for any and all injuries, deaths and property damage caused by or resulting from illegal fireworks sold by such person, firm, partnership or corporation which is prohibited by this article within the State of Mississippi, and any injured person or his legal representatives, shall have a right to bring a civil action against the dealer, distributor or manufacturer or person who sold said fireworks, whether said dealer, distributor or manufacturer or person be located in this state or not. Any dealer, distributor or manufacturer or person located outside of this state who shall sell fireworks in Mississippi shall make, constitute and appoint the Secretary of State as their lawful agent for service of process in any civil proceeding brought under the provisions of this article, to recover all damages caused or resulting from the sale of any fireworks prohibited by this article.
Miss. Code Ann. § 45-39-3 — MS Code / Title 45 / Chapter 9 / Section 39-3
Miss. Code Ann. § 45-39-3
Status: in_force

There is hereby created within the Department of Public Safety the Crime Stoppers Advisory Council. The council shall be composed of five (5) persons appointed by the Governor with the advice and consent of the Senate. At least three (3) of the foregoing appointees shall be persons who have participated in a local crime stoppers program. Each member of the council shall serve for a term of two (2) years or until his successor is appointed and qualifies. At the first meeting of the council, which shall be called by the Governor, and at the first meeting after the beginning of each new state fiscal year, the council shall elect from among its members a chairman and such other officers as the council deems necessary. Each member of the council shall receive per diem in the amount established in Section 25-3-69, Mississippi Code of 1972 , for each day or portion thereof spent discharging his duties under this chapter and shall receive mileage and expenses as provided in Section 25-3-41, Mississippi Code of 1972 .

Expenses of the council shall be paid by the Department of Public Safety out of the State Crime Stoppers Fund, created in Section 45-39-5(4) .
Miss. Code Ann. § 45-21-19 — MS Code / Title 45 / Chapter 18 / Section 21-19
Miss. Code Ann. § 45-21-19
Status: in_force

(1) Any individual, organization, corporation or other entity, holding or sponsoring a rock festival in this state without having obtained a written permit for such event from the sheriff of the county in which such event is held, shall be subject to a fine of no more than Twenty Thousand Dollars ($20,000.00). This subsection shall not apply to a holder of a permit which has been revoked by the sheriff upon notification by the county board of health of such county of the lack of substantial compliance with the specifications and plans certified by the state board of health.

(2) Any individual, organization, corporation or other entity, holding or sponsoring a rock festival in this state with a permit which has been revoked by the sheriff upon notification by the county board of health of such county of the lack of compliance with the specifications and plans certified by the state board of health, shall be subject to a fine of no more than Ten Thousand Dollars ($10,000.00).

(3) In addition to the penalties authorized in subsections (1) and (2) of this section, any individual, organization, corporation or entity holding or sponsoring a rock festival in this state in violation of the certification of the state board of health or any pertinent regulation of the state board of health about which the applicant had written notice prior to such certification, shall be subject to a fine of not more than One Thousand Dollars ($1,000.00) for each violation thereof.
Miss. Code Ann. § 45-17-3 — MS Code / Title 45 / Chapter 17 / Section 17-3
Miss. Code Ann. § 45-17-3
Status: in_force

When, in the judgment of the chief administrative officer of a municipality a civil emergency as defined herein is determined to exist, he shall forthwith proclaim in writing the existence of same, a copy of which proclamation will be filed with the clerk of the municipality.
Miss. Code Ann. § 45-3-1 — MS Code / Title 45 / Chapter 2 / Section 3-1
Miss. Code Ann. § 45-3-1
Status: in_force

This chapter and Article 1, Chapter 1, Title 63, Mississippi Code of 1972 , may be cited as the Highway Safety Patrol and Driver's License Law of 1938.
Miss. Code Ann. § 45-11-23 — MS Code / Title 45 / Chapter 7 / Section 11-23
Miss. Code Ann. § 45-11-23
Status: in_force

Every proprietor or keeper of any hotel or lodging house of the kind mentioned in Section 45-11-21 , shall post notices in every room of the hotel or lodging house required to be provided with a rope or rope ladder or other appliance, calling attention to the fact that said section has been complied with, and designating the part of such room where the rope, rope ladder, or appliance is fastened, with general directions for its use.
Miss. Code Ann. § 45-43-11 — MS Code / Title 45 / Chapter 38 / Section 43-11
Miss. Code Ann. § 45-43-11
Status: in_force

(1) If a pool yard enclosure is constructed or modified before July 1, 2012, the provisions of this chapter shall not apply, except that any gate in a pool yard enclosure shall conform to Section 45-43-9 no later than January 1, 2013.

(2) This chapter provides no exemption from any local ordinance that may apply to the pool yard enclosure.

(3) A pool yard enclosure modified on or after July 1, 2012, shall conform with this section and Sections 45-43-7 and 45-43-9 as a part of the modification.
Miss. Code Ann. § 45-27-15 — MS Code / Title 45 / Chapter 3 / Section 27-15
Miss. Code Ann. § 45-27-15
Status: in_force

(1) In the event of conflict, this chapter shall to the extent of the conflict supersede all existing statutes which regulate, control or otherwise relate, directly or by implication, to the collection, storage and dissemination or usage of fingerprint identification, offender criminal history or any existing statute which relates directly or by implication to any other provisions of this chapter.

(2) Notwithstanding the provisions of subsection (1) of this section, this chapter shall not be understood to alter, amend or supersede the statutes and rules of law governing the collection, storage, dissemination or usage of records concerning individual juvenile offenders in which they are individually identified by name or other means.

(3) Nothing in this section shall prevent a criminal justice agency from maintaining more detailed information than is required to be reported to the central repository. However, the dissemination of such criminal history record information is governed by federal statute.
Miss. Code Ann. § 45-33-29 — MS Code / Title 45 / Chapter 21 / Section 33-29
Miss. Code Ann. § 45-33-29
Status: in_force

(1) Upon any change of address, including temporary lodging, an offender required to register under this chapter is required to personally appear at a facility designated by the Department of Public Safety, or in a manner of the Department of Public Safety's choosing, including by electronic means, not less than ten (10) days before he intends to first reside at the new address.

(2) Upon any change in the status of a registrant's enrollment, employment or vocation at any public or private educational institution, including any secondary school, trade or professional institution or institution of higher education, the offender is required to personally appear at a facility designated by the Department of Public Safety, or in a manner of the Department of Public Safety's choosing, including by electronic means, within three (3) business days of the change.

(3) Upon any change of employment or change of name, a registrant is required to personally appear at a facility designated by the Department of Public Safety, or in a manner of the Department of Public Safety's choosing, including by electronic means, within three (3) business days of the change.

(4) Upon any change of vehicle information, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.

(5) Upon any change of e-mail address or addresses, instant message address or addresses, or any other designation used in Internet communications, postings or telephone communications, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.

(6) Upon any change of information deemed by the department to be necessary to the state's policy to assist local law enforcement agencies' efforts to protect their communities, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.
Miss. Code Ann. § 45-9-57 — MS Code / Title 45 / Chapter 9 / Section 9-57
Miss. Code Ann. § 45-9-57
Status: in_force

A county may regulate the discharge of any firearm or weapon, other than a BB gun, within any platted subdivision. However, no county may prohibit the discharge of any firearm or weapon on land, if such firearm or weapon is discharged in a manner not reasonably expected to cause a projectile from such firearm or weapon to travel across any property line without permission of the property owner.
Miss. Code Ann. § 45-45-19 — MS Code / Title 45 / Chapter 13 / Section 45-19
Miss. Code Ann. § 45-45-19
Status: in_force

(1) On or before December 31, 2014, the owner or lessee of every conveyance not exempted under this chapter shall register with the Commissioner of Insurance each conveyance owned or operated by the owner or lessee, giving the type, rated load and speed, name of manufacturer, its location, the purpose for which it is used, and such additional information as may be required.

(2) Conveyances placed in service on or after July 1, 2013, shall be registered at the time they are completed and placed in service.
Miss. Code Ann. § 45-27-5 — MS Code / Title 45 / Chapter 4 / Section 27-5
Miss. Code Ann. § 45-27-5
Status: in_force

(1) There is hereby established within the Mississippi Department of Public Safety a system for the communication of vital information relating to crimes, criminals and criminal activity to be known as the Mississippi Justice Information Center. Central responsibility for the development, maintenance and operation of the center shall be vested with the director of the Mississippi Justice Information Center.

(2) The director of the center shall maintain the necessary staff to enable the effective and efficient performance of the duties and responsibilities ascribed to the center. Such staff shall include but not be limited to statistical analysis personnel and field monitoring personnel, along with the support services to be procured within state government.

(3) All personnel of the center shall be subject to approval by the state personnel board, with due recognition to be given to the special qualifications and availability of the types of individuals required for such employment.
Miss. Code Ann. § 45-11-53 — MS Code / Title 45 / Chapter 11 / Section 11-53
Miss. Code Ann. § 45-11-53
Status: in_force

Any architect, carpenter, or builder, or the owner or other person, who may hereafter erect or cause to be erected, or aid in erecting, any hotel or other house or structure for the construction of which provisions are made in Sections 45-11-21 through 45-11-55 , who shall refuse or fail to comply, in the erection or construction thereof, with such provisions, shall be guilty of a misdemeanor, and, on conviction, shall be punished by a fine not exceeding Five Hundred Dollars ($500.00).
Miss. Code Ann. § 45-33-51 — MS Code / Title 45 / Chapter 3 / Section 33-51
Miss. Code Ann. § 45-33-51
Status: in_force

(1) Any person who willfully misuses or alters public record information relating to a sex offender or sexual predator, or a person residing or working at an address reported by a sex offender, including information displayed by law enforcement agencies on web sites, shall be guilty of a misdemeanor and shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment in the county jail not more than six (6) months, or both.

(2) The sale or exchange of sex offender information for profit is prohibited. Any violation of this subsection (2) is a misdemeanor and shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment in the county jail not more than six (6) months, or both.
Miss. Code Ann. § 45-35-55 — MS Code / Title 45 / Chapter 2 / Section 35-55
Miss. Code Ann. § 45-35-55
Status: in_force

(1) The identification card for persons with disabilities shall be issued to a person with a permanent disability for a period of four (4) years, shall expire at midnight on the cardholder's birthday, and may be renewed any time within six (6) months before the expiration date of the card upon application and payment of the required fee. The identification cards shall be issued to persons with disabilities upon presentation of the current sworn affidavit of at least one (1) medical doctor attesting to such permanent disability. A current affidavit shall be presented at each request for renewal.

(2) The identification card for persons with temporary disabilities shall be issued to a person with a temporary disability upon presentation of a sworn affidavit of at least one (1) medical doctor attesting to the disability and estimating the duration of the disability. Temporary disability identification cards shall be issued for periods of six (6) months. A current affidavit of a medical doctor attesting to the continuance of the disability shall be presented at each request for renewal thereafter.
Miss. Code Ann. § 45-45-5 — MS Code / Title 45 / Chapter 33 / Section 45-5
Miss. Code Ann. § 45-45-5
Status: in_force

This chapter covers the design, construction, operation, inspection, testing, maintenance, alteration and repair of the following equipment, its associated parts, and its hoistways, except as provided by Section 45-45-7 :

(a) Hoisting and lowering mechanisms equipped with a car or platform that moves between two (2) or more landings. This equipment includes, but is not limited to, the following (also see ASME A17.1/CSA B44, ASME A17.7/CSA B44.7, ASME A17.3 and ASME A18.1):

(i) Elevators;

(ii) Platform lifts;

(iii) Stairway chairlifts.

(b) Power-driven stairways and walkways for carrying persons between landings. This equipment includes, but is not limited to, the following (also see ASME A17.1/CSA B44, ASME A17.7/CSA B44.7, and ASME A17.3):

(i) Escalators;

(ii) Moving walks.

(c) Hoisting and lowering mechanisms equipped with a car that serves two (2) or more landings and is restricted to the carrying of material by its limited size or limited access to the car. This equipment includes, but is not limited to, the following (also see ASME A17.1/CSA B44, ASME A17.7/CSA B44.7, and ASME A17.3):

(i) Dumbwaiters;

(ii) Material lifts and dumbwaiters with automatic transfer devices.
Miss. Code Ann. § 45-35-11 — MS Code / Title 45 / Chapter 2 / Section 35-11
Miss. Code Ann. § 45-35-11
Status: in_force

All identification cards shall be centrally issued by the department, adequately describe the registrant, bear a color photograph of the registrant, and include other such identifying data as required by Section 45-35-5 .
Miss. Code Ann. § 45-23-21 — MS Code / Title 45 / Chapter 17 / Section 23-21
Miss. Code Ann. § 45-23-21
Status: in_force

The board:

(a) may employ deputy inspectors who shall be responsible to the chief inspector and who shall have had at the time of appointment not less than five (5) years experience in the construction, installation, inspection, operation, maintenance or repair of high pressure boilers and pressure vessels as a mechanical engineer, steam operating engineer, boilermaker or boiler inspector, and who shall have passed the examination provided for in Section 45-23-23 .

(b) shall, upon the request of any company licensed to insure and insuring in this state boilers and pressure vessels or, upon the request of any company operating boilers and/or pressure vessels in this state for which the owner or user maintains a regularly established inspection service which is under the supervision of one or more engineers whose qualifications are satisfactory to the board and causes said pressure vessels to be regularly inspected and rated by such inspection service in accordance with applicable provisions of the rules and regulations adopted by the board pursuant to Section 45-23-9 , issue to any inspectors of said company licenses as special inspectors, provided that each such inspector before receiving his license shall satisfactorily pass the examination provided for by Section 45-23-23 ; or in lieu of such examination the board may accept persons who hold a license or a certificate of competency as an inspector of boilers and pressure vessels for a state that has a standard of examination substantially equal to that of the State of Mississippi.

(i) A license as a special inspector shall be issued to a qualified employee of a company operating boilers and/or pressure vessels in this state only if, in addition to meeting the requirements stated herein, the person is employed full time by the company and is responsible for making inspections of pressure vessels used or to be used by such company and which are not for resale.

(ii) Such special inspectors shall receive no salary from, nor shall any of their expenses be paid by, the state; and the continuance of a special inspector's license shall be conditioned upon his continuing in the employ of the insurance company duly authorized as aforesaid or upon continuing in the employ of the company so operating pressure vessels in this state and upon his maintenance of the standards imposed by this chapter.

(iii) Such special inspectors shall inspect all boilers and pressure vessels insured or all boilers and/or pressure vessels operated by their respective companies, and when so inspected the owners and users of such boilers and pressure vessels shall be exempt from payment to the state of inspection fees provided for in Section 43-23-53 .
Miss. Code Ann. § 45-21-5 — MS Code / Title 45 / Chapter 13 / Section 21-5
Miss. Code Ann. § 45-21-5
Status: in_force

The sheriff of such county shall issue such written permit upon presentation by the applicant of the following:

(a) A cash bond in the amount of Ten Thousand Dollars ($10,000.00) conditioned to provide security that the applicant shall assume financial responsibility for any damages to public or privately owned real or personal property, for any fine assessed for the failure to comply with the specifications and plans presented to and certified by the state board of health and with any pertinent regulations of the state board of health about which the applicant had written notice prior to certification, and for the costs of any additional law enforcement personnel or equipment reasonably expended by any political subdivision of this state, if any of these occur as a direct result of such event;

(b) A written certification by the state board of health that the written specifications and plans, proposed by the applicant, for the establishment of health and safety precautions and facilities in connection with such event for the purpose of assuring that the public health and safety will not be endangered; and

(c) Written proof of the payment of the state amusement tax as provided in Section 27-11-5, Mississippi Code of 1972 .
Miss. Code Ann. § 45-11-81 — MS Code / Title 45 / Chapter 2 / Section 11-81
Miss. Code Ann. § 45-11-81
Status: in_force

The following terms shall have the meaning ascribed to them in this section unless the context clearly indicates otherwise:

(a) “Safety glazing material” shall mean any glazing material such as tempered glass, laminated glass, wire glass or rigid plastic, which meets the test requirements of ANSI standard Z-97.1-1972.

(b) “Hazardous locations” shall mean those installations, glazed or to be glazed, in commercial and public buildings, known as framed or unframed glass entrance doors, and those fixed glazed panels immediately adjacent to entrance or exit doors and which may be mistaken for doors, and those installations, glazed or to be glazed, in residential buildings and other structures used as dwellings, commercial buildings and public buildings, known as sliding glass doors, storm doors, shower doors and bathtub enclosures. Any entrance or exit door, or fixed glazed panel immediately adjacent to entrance or exit doors which may be mistaken for doors, which is fifty percent (50%) or more exposed glass without division frames, or contains a single glass panel with glass of more than sixty (60) inches in height or twenty-four (24) inches in width, will be a hazardous location.
Miss. Code Ann. § 45-27-3 — MS Code / Title 45 / Chapter 11 / Section 27-3
Miss. Code Ann. § 45-27-3
Status: in_force

For the purposes of this chapter, the following words shall have the meanings ascribed to them in this section unless the context requires otherwise:

(a) “ Criminal justice agencies ” means public agencies at all levels of government which perform as their principal function activities relating to the apprehension, prosecution, adjudication or rehabilitation of criminal offenders.

(b) “ Offense ” means an act which is a felony or a misdemeanor.

(c) “ Justice information system ” means those agencies, procedures, mechanisms, media and forms, as well as the information itself, which are or become involved in the origination, transmittal, storage, retrieval and dissemination of information related to reported offenses and offenders, and the subsequent actions related to the events or persons.

(d) “ Criminal justice information ” means the following classes of information:

(i) “ Secret data ,” which includes information dealing with those elements of the operation and programming of the Mississippi Justice Information Center computer system and the communications network and satellite computer systems handling criminal justice information which prevents unlawful intrusion into the system.

(ii) “ Criminal history record information ,” which means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, affidavits, information or other formal charges and any disposition arising therefrom, sentencing, correctional supervision and release. The term does not include identification information such as fingerprint records or images to the extent that the information does not indicate involvement of the individual in the criminal justice system.

(iii) “ Sensitive data ,” which contains statistical information in the form of reports, lists and documentation which may identify a group characteristic, such as “white” males or “stolen” guns.

(iv) “ Restricted data ,” which contains information relating to data-gathering techniques, distribution methods, manuals and forms.

(v) “ Law enforcement agency ” or “ originating agency ” or “ agency ” which includes a governmental unit or agency composed of one or more persons employed full time or part time by the state as a political subdivision thereof for the following purposes: (A) the administration of criminal justice, which includes the prevention and detection of crime; the apprehension, pretrial release, post-trial release, prosecution, adjudication, correctional supervision or rehabilitation of accused persons or criminal offenders; or the collection, storage and dissemination of criminal history record information; or (B) the enforcement of state laws or local ordinances, which includes making arrests for crimes while acting within the scope of their authority. The agency must perform one or more of the above-described criminal justice duties and allocate a substantial part of its annual budget to the administration of criminal justice.

(e) “ Center ” means the Mississippi Justice Information Center or the Mississippi Criminal Information Center.

(f) “ Department ” means the Mississippi Department of Public Safety.

(g) “ Conviction information ” means criminal history record information disclosing that a person was found guilty of, or has pleaded guilty or nolo contendere to, a criminal offense in a court of law, together with any sentencing information. This includes a conviction in a federal or military tribunal, including a court martial conducted by the Armed Forces of the United States, or a conviction for an offense committed on an Indian Reservation or other federal property, or any court of a state of the United States.

(h) “ Nonconviction information ” means arrest without disposition information if an interval of one (1) year has elapsed from the date of arrest and no active prosecution for the charge is pending, as well as all acquittals and all dismissals.

(i) “ Arrest card ” means the initial law enforcement agency documentation of an arrest, whether in physical or digital form, including fingerprint information.

(j) “ Disposition form ” means the form prescribed by rule of the Justice Information Center for a court or law enforcement agency to report the disposition of the case of a person who has been arrested.

(k) “ Disposition ” means the outcome of the case of a person who was arrested and includes, without limitation:

(i) Nonadjudication;

(ii) A verdict or plea of guilt;

(iii) A plea of nolo contendere;

(iv) A verdict of not guilty;

(v) Dismissal;

(vi) Nolle prosequi;

(vii) Remand to the file;

(viii) Expunction; or

(ix) An appeal.
Miss. Code Ann. § 45-23-9 — MS Code / Title 45 / Chapter 21 / Section 23-9
Miss. Code Ann. § 45-23-9
Status: in_force

(1) The State Board of Health (hereinafter board) shall adopt definitions, rules and regulations for the safe construction, installation, inspection, care and good practice in the operation, maintenance and repair of boilers and pressure vessels.

(a) The definitions, rules and regulations so formulated for new construction shall be based upon and at all times follow the generally accepted nationwide engineering standards, formulae and practices established and pertaining to boiler and pressure vessel construction and safety, and the board shall at its first meeting adopt an existing published codification thereof known as the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers (hereinafter ASME), with the amendments, code cases and interpretations thereto made and approved by ASME, and may likewise adopt the amendments and interpretations subsequently made and published by the same authority; and when so adopted, the same shall be deemed incorporated into and to constitute a part of the whole of the definitions, rules and regulations of the committee. Amendments, code cases and interpretations to the code so adopted shall be effective immediately upon being promulgated, to the end that the definitions, rules and regulations shall at all times follow the generally accepted nationwide engineering standards.

(b) The board shall adopt rules and regulations for the inspection, care and good practice in operation, maintenance and repair of boilers and pressure vessels which were in use in this state prior to the date upon which the first rules and regulations under this chapter pertaining to existing installations become effective, or during the twelve-month period immediately thereafter. The rules and regulations so formulated and recommended shall be based upon and at all times follow the generally accepted nationwide engineering standards.

(2) The rules and regulations and any subsequent amendments thereto adopted by the board shall, immediately following a hearing upon not less than thirty (30) day's notice as hereinafter provided, be approved and published and when so promulgated shall have the force and effect of law, except that the rules applying to the construction of new boilers and pressure vessels shall not become mandatory until twelve (12) months after their promulgation by the board. Subsequent amendments to the rules and regulations adopted by the board shall be permissive immediately and shall become mandatory twelve (12) months after their promulgation.

(3) Notice of the hearing shall give the time and place of the hearing and shall state the matters to be considered. Such notice shall be given to all persons directly affected by such hearing. In the event all persons directly affected are unknown, notice shall be perfected by publication in a newspaper of general circulation in the Northern, Central and Southern Supreme Court Districts of this state at least thirty (30) days prior to such hearing.
Miss. Code Ann. § 45-15-5 — MS Code / Title 45 / Chapter 1 / Section 15-5
Miss. Code Ann. § 45-15-5
Status: in_force

No person shall permit any employee to do any of the things prohibited in Section 45-15-3 .
Miss. Code Ann. § 45-49-15 — MS Code / Title 45 / Chapter 27 / Section 49-15
Miss. Code Ann. § 45-49-15
Status: in_force

The Commissioner of Revenue may adopt any rules and regulations necessary to implement the provisions of this chapter.
Miss. Code Ann. § 45-11-8 — MS Code / Title 45 / Chapter 7 / Section 11-8
Miss. Code Ann. § 45-11-8
Status: in_force

There is hereby created the State Fire Academy Advisory Board for the purpose of reviewing matters affecting the State Fire Academy and advising the State Fire Academy on any such matters. The advisory board shall consist of the State Chief Deputy Fire Marshal, the Manager of the Mississippi State Rating Bureau, the President of the State Firefighter's Association, the President of the Mississippi Fire Chiefs Association, the President of the Mississippi Municipal Association and the President of the Mississippi Association of Supervisors or his designee. Members of the State Fire Academy Advisory Board who are not state employees shall be entitled to a per diem compensation as provided in Section 25-3-69, Mississippi Code of 1972 , and to travel expenses as provided in Section 25-3-41, Mississippi Code of 1972 .
Miss. Code Ann. § 45-43-25 — MS Code / Title 45 / Chapter 34 / Section 43-25
Miss. Code Ann. § 45-43-25
Status: in_force

The owner of a multiunit rental complex or a property owners association is not required to enclose a body of water or construct barriers between the owner's or property owners association's property and a body of water such as an ocean, bay, lake, pond, bayou, river, creek, stream, spring, reservoir, stock tank, culvert, drainage ditch, detention pond, or other flood or drainage facility.
Miss. Code Ann. § 45-9-203 — MS Code / Title 45 / Chapter 6 / Section 9-203
Miss. Code Ann. § 45-9-203
Status: in_force

The Legislature finds that:

(a) The Second Amendment to the United States Constitution guarantees the people the right to keep and bear arms;

(b) Article III, Section 12, Mississippi Constitution of 1890 , provides that “The right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the Legislature may regulate or forbid carrying concealed weapons”;

(c) In September 2022, the International Organization for Standardization (ISO), based in Switzerland, approved a new merchant category code for firearm and ammunition merchants;

(d) In the letter to payment card networks, federal lawmakers stated that the new Merchant Category Code for firearms retailers would be “. . .the first step towards facilitating the collection of valuable financial data that could help law enforcement in countering the financing of terrorism efforts”, expressing a clear government expectation that networks will utilize the new Merchant Category Code to conduct mass surveillance of constitutionally protected firearms and ammunition purchases in cooperation with law enforcement;

(e) This potential for cooperative surveillance and tracking of lawful firearms and ammunition purchases will have a significant chilling effect on citizens wishing to exercise their federal and state constitutional rights to keep and bear arms in Mississippi;

(f) While federal law requires some financial institutions to report transactions that are highly indicative of money laundering or other unlawful activities, there is no federal or state law authorizing financial institutions to surveil and track lawful activities by customers in cooperation with law enforcement;

(g) The creation or maintenance of records of purchases of firearms or ammunition or the tracking of sales made by a retailer of firearms or ammunition by a nongovernmental entity, including a financial institution, without a substantial and historical business need or a requirement imposed by law, may frustrate the right to keep and bear arms and violate the reasonable privacy rights of lawful purchasers of firearms or ammunition; and

(h) Based on the above stated findings, it is the intent of the Legislature to prohibit the misuse of payment card processing systems to surveil, report, or otherwise discourage constitutionally protected firearm and ammunition purchases within the State of Mississippi.
Miss. Code Ann. § 45-38-1 — MS Code / Title 45 / Chapter 23 / Section 38-1
Miss. Code Ann. § 45-38-1
Status: in_force

This chapter shall be known and may be cited as the “Walker Montgomery Protecting Children Online Act.”
Miss. Code Ann. § 45-45-17 — MS Code / Title 45 / Chapter 13 / Section 45-17
Miss. Code Ann. § 45-45-17
Status: in_force

(1) A license issued pursuant to this chapter may be suspended, revoked or subject to civil penalty by the administrator upon verification that any one or more of the following reasons exist:

(a) Any false statement as to a material matter in the application.

(b) Fraud, misrepresentation or bribery in securing a license.

(c) Failure to notify the licensing authority and the owner or lessee of an elevator or other conveyance in any condition that is not in compliance with this chapter.

(2) No license shall be suspended, revoked, denied or subject to civil penalty until after a hearing before the administrator upon notice and hearing to the licensee or applicant of at least twenty (20) days at the last known address appearing on the license or application, served personally or by registered mail. The administrator may suspend or revoke the license, deny the application, levy a civil penalty, or dismiss the proceeding.

(3) Any person, sole proprietor, firm, or corporation whose license is revoked, suspended or subject to civil penalty, or whose license application is denied, may appeal from such determination to the Commissioner of Insurance, which shall within thirty (30) days thereafter, hold a hearing, of which at least fifteen (15) days' written notice shall be given to all interested parties. The commissioner shall, within thirty (30) days after such hearing, issue a decision.

(4) Any person, sole proprietor, firm or corporation whose license is revoked suspended or subject to civil penalty, or whose license application is denied, may appeal from such determination to the Chancery Court of the First Judicial District of Hinds County, Mississippi, within twenty (20) days of the final ruling.
Miss. Code Ann. § 45-13-107 — MS Code / Title 45 / Chapter 6 / Section 13-107
Miss. Code Ann. § 45-13-107
Status: in_force

Any person who has dynamite, nitroglycerine, explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, detonators or other similar explosives in his possession and being engaged in a lawful business which ordinarily requires the use thereof in the ordinary and usual conduct of such business, and who possesses said articles for the purpose of use in said business, or any seller, dealer, or person transporting said articles, shall keep said articles under his control and secure from theft or pilferage at all times.