Miss. Code Ann. § 45-45-9 — MS Code / Title 45 / Chapter 41 / Section 45-9
Miss. Code Ann. § 45-45-9
Status: in_force

For purposes of this chapter, the following terms are defined as follows, unless the context clearly indicates otherwise:

(a) “ Administrator ” means the person or persons designated by the Commissioner of Insurance.

(b) “ ANSI ” means the American National Standards Institute.

(c) “ ASCE ” means the American Society of Civil Engineers.

(d) “ ASCE 21 ” means the American Society of Civil Engineers Automated People Mover Standards.

(e) “ ASME ” means the American Society of Mechanical Engineers.

(f) “ ASME A17.1/CSA B44 ” means the Safety Code for Elevators and Escalators, an American National Standard.

(g) “ ASME A17.3 ” means the Safety Code for Existing Elevators and Escalators, an American National Standard.

(h) “ ASME A17.7/CSA B44.7 ” means the Performance-Based Safety Code for Elevators and Escalators, an American National Standard.

(i) “ ASME A18.1 ” means the Safety Standard for Platform Lifts and Stairway Chairlifts, an American National Standard.

(j) “ Automated people mover ” means an installation defined as an “automated people mover” in ASCE 21.

(k) “ Certificate of Operation ” means a document that indicates that the conveyance has had the safety inspection and tests required by this chapter.

(l) “ Commissioner ” means Commissioner of Insurance.

(m) “ Conveyance ” means any elevator, dumbwaiter, escalator, moving sidewalk, platform lift, stairway chairlift or automated people mover.

(n) “ Elevator ” means an installation defined as an “elevator” in ASME A17.1/CSA B44.

(o) “ Elevator contractor ” means any sole proprietor, firm, corporation or other business entity engaged in the business of erecting, constructing, installing, altering, servicing, repairing or maintaining elevators and other conveyances.

(p) “ Elevator helper or apprentice ” means a person who works under the general direction of a licensed elevator mechanic.

(q) “ Elevator inspector ” means any person who specializes in the design, testing and maintenance inspection of elevators and other conveyances.

(r) “ Elevator mechanic ” means any person who is engaged in erecting, constructing, installing, altering, servicing, repairing, testing or maintaining elevators or other conveyances. For the purposes of this chapter, a certified elevator technician is considered an elevator mechanic.

(s) “ Escalator ” means an installation defined as an “escalator” in ASME A17.1/CSA B44.

(t) “ Existing installation ” means an installation defined as an “installation, existing” in ASME A17.1/CSA B44.

(u) “ License ” means a written license issued under this chapter.

(v) “ Licensee ” means the elevator mechanic, elevator contractor or elevator inspector who possesses a license issued under this chapter.

(w) “ Limited Elevator Contractor ” means any sole proprietor, firm or company who employs individuals to carry on a business of erecting, constructing, installing, altering, servicing, repairing, or maintaining platform lifts and stairway chairlifts within any building or structure.

(x) “ Limited Elevator Mechanic ” means any person who is engaged in erecting, constructing, installing, altering, servicing, repairing or maintaining platform lifts and stairway chairlifts.

(y) “ Moving walk ” or “ moving sidewalk ” means an installation defined as a “moving walk” in ASME A17.1/CSA B44.
Miss. Code Ann. § 45-45-31 — MS Code / Title 45 / Chapter 4 / 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. § 45-23-33 — MS Code / Title 45 / Chapter 1 / 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. § 45-14-29 — MS Code / Title 45 / Chapter 7 / Section 14-29
Miss. Code Ann. § 45-14-29
Status: in_force

No person shall use, manufacture, produce, transport, transfer, receive, acquire, own or possess radioactive materials until that person shall have procured and filed with the agency such bond, insurance or other security as the agency may by regulation require. Such bond, insurance or other security shall:

(a) run in favor of the State of Mississippi in the amount set by the agency which shall be a reasonable amount commensurate with the possible danger and potential damage which may occur due to the use, manufacture, production, transportation, transfer, receipt, acquisition or possession of radioactive materials; provided, however, that the minimum amounts shall be as follows:

(i) One Hundred Thousand Dollars ($100,000.00) for all damages because of bodily injury sustained by one (1) person as the result of any one (1) occurrence and Three Hundred Thousand Dollars ($300,000.00) for all damages because of bodily injury sustained by two (2) or more persons as the result of any one (1) occurrence;

(ii) One Hundred Thousand Dollars ($100,000.00) for all claims arising out of damage to property as the result of any one (1) occurrence including completed operations, with an aggregate limit of Three Hundred Thousand Dollars ($300,000.00) for all property damage to which the policy applied; and

(b) have as guarantor on such bond or insurance a surety company licensed to do business in the State of Mississippi.
Miss. Code Ann. § 45-38-11 — MS Code / Title 45 / Chapter 10 / Section 38-11
Miss. Code Ann. § 45-38-11
Status: in_force

(1) In relation to a known minor's use of a digital service, a digital service provider shall make commercially reasonable efforts to develop and implement a strategy to prevent or mitigate the known minor's exposure to harmful material and other content that promotes or facilitates the following harms to minors:

(a) Consistent with evidence-informed medical information, the following: self-harm, eating disorders, substance use disorders, and suicidal behaviors;

(b) Patterns of use that indicate or encourage substance abuse or use of illegal drugs;

(c) Stalking, physical violence, online bullying, or harassment;

(d) Grooming, trafficking, child pornography, or other sexual exploitation or abuse;

(e) Incitement of violence; or

(f) Any other illegal activity.

(2) Nothing in subsection (1) shall be construed to require a digital service provider to prevent or preclude:

(a) Any minor from deliberately and independently searching for, or specifically requesting, content; or

(b) The digital service provider or individuals on the digital service from providing resources for the prevention or mitigation of the harms described in subsection (1), including evidence-informed information and clinical resources.
Miss. Code Ann. § 45-21-15 — MS Code / Title 45 / Chapter 10 / Section 21-15
Miss. Code Ann. § 45-21-15
Status: in_force

The county board of health of the county in which such event is to be held shall inspect, within seventy-two (72) and at a time no later than forty-eight (48) hours before the commencement of such event, the location or site of such event to determine whether the holder of the permit has complied with the specifications and plans certified by the state board of health. After notifying the holder of such permit of the specific items with which substantial compliance does not exist and if the holder of such permit fails to comply within twenty-four (24) hours with those items specified in the inspection as not in substantial compliance with the specifications and plans certified by the state board of health, such county board of health shall notify the sheriff of such county of the lack of substantial compliance.
Miss. Code Ann. § 45-43-7 — MS Code / Title 45 / Chapter 7 / 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. § 45-17-3 — MS Code / Title 45 / Chapter 13 / 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. § 45-39-1 — MS Code / Title 45 / Chapter 17 / Section 39-1
Miss. Code Ann. § 45-39-1
Status: in_force

As used in this chapter:

(a) “Council” means the Crime Stoppers Advisory Council.

(b) “Local crime stoppers program” means the acceptance and spending of donations by a private, nonprofit organization for the awarding of rewards to persons who report information concerning criminal activity to the organization if the organization:

(i) Operates less than statewide; and

(ii) Forwards reported information to the appropriate law enforcement agency.
Miss. Code Ann. § 45-14-15 — MS Code / Title 45 / Chapter 12 / Section 14-15
Miss. Code Ann. § 45-14-15
Status: in_force

(1) Authorized representatives of the agency shall have the authority to enter upon any public or private property of permittees, registrants and licensees, including private dwellings used for business purposes, at all reasonable times for the purpose of determining compliance with the provisions of this chapter and rules, regulations and standards adopted hereunder. Authorized representatives of the agency, only in the event of a declared emergency, shall have the authority to enter upon any public or private property, including private dwellings used for business purposes, at all reasonable times for the purpose of determining compliance with the provisions of this chapter and rules, regulations and standards adopted hereunder.

(2) The agency is authorized to institute training programs for its personnel to carry out the provisions of this chapter and may make personnel available for participation in any program or programs of the federal government, other states or interstate agencies in furtherance of the purposes of this chapter.

(3) The agency is authorized to institute educational programs for the purpose of training or educating persons who may possess, use, handle, transport or service sources of radiation.

(4) The Governor is authorized to enter into agreements with the federal government, other states or interstate agencies, whereby this state will perform, on a cooperative basis with the federal government, other states, or interstate agencies, inspections, emergency response to radiation accidents and other functions related to the control of radiation.
Miss. Code Ann. § 45-12-19 — MS Code / Title 45 / Chapter 1 / Section 12-19
Miss. Code Ann. § 45-12-19
Status: in_force

Nothing in this section shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of Section 45-12-5 if the cigarettes are, or will be, stamped for sale in another state or are packaged for sale outside the United States and that person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in this state.
Miss. Code Ann. § 45-33-51 — MS Code / Title 45 / Chapter 18 / 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. § 45-45-33 — MS Code / Title 45 / Chapter 1 / 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. § 45-9-101 — MS Code / Title 45 / Chapter 6 / Section 9-101
Miss. Code Ann. § 45-9-101
Status: in_force

(1)(a) Except as otherwise provided, the Department of Public Safety is authorized to issue licenses to carry stun guns, concealed pistols or revolvers to persons qualified as provided in this section. Such licenses shall be valid throughout the state for a period of five (5) years from the date of issuance, except as provided in subsection (25) of this section. Any person possessing a valid license issued pursuant to this section may carry a stun gun, concealed pistol or concealed revolver.

(b) The licensee must carry the license, together with valid identification, at all times in which the licensee is carrying a stun gun, concealed pistol or revolver and must display both the license and proper identification upon demand by a law enforcement officer. A violation of the provisions of this paragraph (b) shall constitute a noncriminal violation with a penalty of Twenty-five Dollars ($25.00) and shall be enforceable by summons.

(2) The Department of Public Safety shall issue a license if the applicant:

(a) Is a resident of the state. However, this residency requirement may be waived if the applicant possesses a valid permit from another state, is a member of any active or reserve component branch of the United States of America Armed Forces stationed in Mississippi, is the spouse of a member of any active or reserve component branch of the United States of America Armed Forces stationed in Mississippi, or is a retired law enforcement officer establishing residency in the state;

(b)(i) Is twenty-one (21) years of age or older; or

(ii) Is at least eighteen (18) years of age but not yet twenty-one (21) years of age and the applicant:

1. Is a member or veteran of the United States Armed Forces, including National Guard or Reserve; and

2. Holds a valid Mississippi driver's license or identification card issued by the Department of Public Safety or a valid and current tribal identification card issued by a federally recognized Indian tribe containing a photograph of the holder;

(c) Does not suffer from a physical infirmity which prevents the safe handling of a stun gun, pistol or revolver;

(d) Is not ineligible to possess a firearm by virtue of having been convicted of a felony in a court of this state, of any other state, or of the United States without having been pardoned or without having been expunged for same;

(e) Does not chronically or habitually abuse controlled substances to the extent that his normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses controlled substances to the extent that his faculties are impaired if the applicant has been voluntarily or involuntarily committed to a treatment facility for the abuse of a controlled substance or been found guilty of a crime under the provisions of the Uniform Controlled Substances Law or similar laws of any other state or the United States relating to controlled substances within a three-year period immediately preceding the date on which the application is submitted;

(f) Does not chronically and habitually use alcoholic beverages to the extent that his normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages to the extent that his normal faculties are impaired if the applicant has been voluntarily or involuntarily committed as an alcoholic to a treatment facility or has been convicted of two (2) or more offenses related to the use of alcohol under the laws of this state or similar laws of any other state or the United States within the three-year period immediately preceding the date on which the application is submitted;

(g) Desires a legal means to carry a stun gun, concealed pistol or revolver to defend himself;

(h) Has not been adjudicated mentally incompetent, or has waited five (5) years from the date of his restoration to capacity by court order;

(i) Has not been voluntarily or involuntarily committed to a mental institution or mental health treatment facility unless he possesses a certificate from a psychiatrist licensed in this state that he has not suffered from disability for a period of five (5) years;

(j) Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony unless three (3) years have elapsed since probation or any other conditions set by the court have been fulfilled;

(k) Is not a fugitive from justice; and

(l) Is not disqualified to possess a weapon based on federal law.

(3) The Department of Public Safety may deny a license if the applicant has been found guilty of one or more crimes of violence constituting a misdemeanor unless three (3) years have elapsed since probation or any other conditions set by the court have been fulfilled or expunction has occurred prior to the date on which the application is submitted, or may revoke a license if the licensee has been found guilty of one or more crimes of violence within the preceding three (3) years. The department shall, upon notification by a law enforcement agency or a court and subsequent written verification, suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime which would disqualify such person from having a license under this section, until final disposition of the case. The provisions of subsection (7) of this section shall apply to any suspension or revocation of a license pursuant to the provisions of this section.

(4) The application shall be completed, under oath, on a form promulgated by the Department of Public Safety and shall include only:

(a) The name, address, place and date of birth, race, sex and occupation of the applicant;

(b) The driver's license number or social security number of applicant;

(c) Any previous address of the applicant for the two (2) years preceding the date of the application;

(d) A statement that the applicant is in compliance with criteria contained within subsections (2) and (3) of this section;

(e) A statement that the applicant has been furnished a copy of this section and is knowledgeable of its provisions;

(f) A conspicuous warning that the application is executed under oath and that a knowingly false answer to any question, or the knowing submission of any false document by the applicant, subjects the applicant to criminal prosecution; and

(g) A statement that the applicant desires a legal means to carry a stun gun, concealed pistol or revolver to defend himself.

(5) The applicant shall submit only the following to the Department of Public Safety:

(a) A completed application as described in subsection (4) of this section;

(b) A full-face photograph of the applicant taken within the preceding thirty (30) days in which the head, including hair, in a size as determined by the Department of Public Safety, except that an applicant who is younger than twenty-one (21) years of age must submit a photograph in profile of the applicant;

(c) A nonrefundable license fee of Eighty Dollars ($80.00). Costs for processing the set of fingerprints as required in paragraph (d) of this subsection shall be borne by the applicant. Honorably retired law enforcement officers, disabled veterans and active duty members of the Armed Forces of the United States, and law enforcement officers employed with a law enforcement agency of a municipality, county or state at the time of application for the license, shall be exempt from the payment of the license fee;

(d) A full set of fingerprints of the applicant administered by the Department of Public Safety; and

(e) A waiver authorizing the Department of Public Safety access to any records concerning commitments of the applicant to any of the treatment facilities or institutions referred to in subsection (2) of this section and permitting access to all the applicant's criminal records.

(6)(a) The Department of Public Safety, upon receipt of the items listed in subsection (5) of this section, shall forward the full set of fingerprints of the applicant to the appropriate agencies for state and federal processing.

(b) The Department of Public Safety shall forward a copy of the applicant's application to the sheriff of the applicant's county of residence and, if applicable, the police chief of the applicant's municipality of residence. The sheriff of the applicant's county of residence, and, if applicable, the police chief of the applicant's municipality of residence may, at his discretion, participate in the process by submitting a voluntary report to the Department of Public Safety containing any readily discoverable prior information that he feels may be pertinent to the licensing of any applicant. The reporting shall be made within thirty (30) days after the date he receives the copy of the application. Upon receipt of a response from a sheriff or police chief, such sheriff or police chief shall be reimbursed at a rate set by the department.

(c) The Department of Public Safety shall, within forty-five (45) days after the date of receipt of the items listed in subsection (5) of this section:

(i) Issue the license;

(ii) Deny the application based solely on the ground that the applicant fails to qualify under the criteria listed in subsections (2) and (3) of this section. If the Department of Public Safety denies the application, it shall notify the applicant in writing, stating the ground for denial, and the denial shall be subject to the appeal process set forth in subsection (7); or

(iii) Notify the applicant that the department is unable to make a determination regarding the issuance or denial of a license within the forty-five-day period prescribed by this subsection, and provide an estimate of the amount of time the department will need to make the determination.

(d) In the event a legible set of fingerprints, as determined by the Department of Public Safety and the Federal Bureau of Investigation, cannot be obtained after a minimum of two (2) attempts, the Department of Public Safety shall determine eligibility based upon a name check by the Mississippi Highway Safety Patrol and a Federal Bureau of Investigation name check conducted by the Mississippi Highway Safety Patrol at the request of the Department of Public Safety.

(7)(a) If the Department of Public Safety denies the issuance of a license, or suspends or revokes a license, the party aggrieved may appeal such denial, suspension or revocation to the Commissioner of Public Safety, or his authorized agent, within thirty (30) days after the aggrieved party receives written notice of such denial, suspension or revocation. The Commissioner of Public Safety, or his duly authorized agent, shall rule upon such appeal within thirty (30) days after the appeal is filed and failure to rule within this thirty-day period shall constitute sustaining such denial, suspension or revocation. Such review shall be conducted pursuant to such reasonable rules and regulations as the Commissioner of Public Safety may adopt.

(b) If the revocation, suspension or denial of issuance is sustained by the Commissioner of Public Safety, or his duly authorized agent pursuant to paragraph (a) of this subsection, the aggrieved party may file within ten (10) days after the rendition of such decision a petition in the circuit or county court of his residence for review of such decision. A hearing for review shall be held and shall proceed before the court without a jury upon the record made at the hearing before the Commissioner of Public Safety or his duly authorized agent. No such party shall be allowed to carry a stun gun, concealed pistol or revolver pursuant to the provisions of this section while any such appeal is pending.

(8) The Department of Public Safety shall maintain an automated listing of license holders and such information shall be available online, upon request, at all times, to all law enforcement agencies through the Mississippi Crime Information Center. However, the records of the department relating to applications for licenses to carry stun guns, concealed pistols or revolvers and records relating to license holders shall be exempt from the provisions of the Mississippi Public Records Act of 1983, and shall be released only upon order of a court having proper jurisdiction over a petition for release of the record or records.

(9) Within thirty (30) days after the changing of a permanent address, or within thirty (30) days after having a license lost or destroyed, the licensee shall notify the Department of Public Safety in writing of such change or loss. Failure to notify the Department of Public Safety pursuant to the provisions of this subsection shall constitute a noncriminal violation with a penalty of Twenty-five Dollars ($25.00) and shall be enforceable by a summons.

(10) In the event that a stun gun, concealed pistol or revolver license is lost or destroyed, the person to whom the license was issued shall comply with the provisions of subsection (9) of this section and may obtain a duplicate, or substitute thereof, upon payment of Fifteen Dollars ($15.00) to the Department of Public Safety, and furnishing a notarized statement to the department that such license has been lost or destroyed.

(11) A license issued under this section shall be revoked if the licensee becomes ineligible under the criteria set forth in subsection (2) of this section.

(12)(a) Except as provided in subsection (25) of this section, no less than ninety (90) days prior to the expiration date of the license, the Department of Public Safety shall send to each licensee a written notice of the expiration and a renewal form prescribed by the department. The licensee must renew his license on or before the expiration date by filing with the department the renewal form, a notarized affidavit stating that the licensee remains qualified pursuant to the criteria specified in subsections (2) and (3) of this section if necessary, and a full set of fingerprints administered by the Department of Public Safety or the sheriff of the county of residence of the licensee. The first renewal may be processed by mail “or other means as determined by the Department” and the subsequent renewal must be made in person. Thereafter every other renewal may be processed by mail to assure that the applicant must appear in person every ten (10) years for the purpose of obtaining a new photograph.

(i) Except as provided in this subsection, a renewal fee of Forty Dollars ($40.00) shall also be submitted along with costs for processing the fingerprints;

(ii) Honorably retired law enforcement officers, disabled veterans, active duty members of the Armed Forces of the United States and law enforcement officers employed with a law enforcement agency of a municipality, county or state at the time of renewal, shall be exempt from the renewal fee; and

(iii) The renewal fee for a Mississippi resident aged sixty-five (65) years of age or older shall be Twenty Dollars ($20.00).

(b) The Department of Public Safety shall forward the full set of fingerprints of the applicant to the appropriate agencies for state and federal processing. The license shall be renewed upon receipt of the completed renewal application and appropriate payment of fees.

(c) A licensee who fails to file a renewal application on or before its expiration date must renew his license by paying a late fee of Fifteen Dollars ($15.00). No license shall be renewed six (6) months or more after its expiration date, and such license shall be deemed to be permanently expired. A person whose license has been permanently expired may reapply for licensure; however, an application for licensure and fees pursuant to subsection (5) of this section must be submitted, and a background investigation shall be conducted pursuant to the provisions of this section.

(13) No license issued pursuant to this section shall authorize any person, except a law enforcement officer as defined in Section 45-6-3 with a distinct license authorized by the Department of Public Safety, to carry a stun gun, concealed pistol or revolver into any place of nuisance as defined in Section 95-3-1, Mississippi Code of 1972; any police, sheriff or highway patrol station; any detention facility, prison or jail; any courthouse; any courtroom, except that nothing in this section shall preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his courtroom; any polling place; any meeting place of the governing body of any governmental entity; any meeting of the Legislature or a committee thereof; any school, college or professional athletic event not related to firearms; any portion of an establishment, licensed to dispense alcoholic beverages for consumption on the premises, that is primarily devoted to dispensing alcoholic beverages; any portion of an establishment in which beer, light spirit product or light wine is consumed on the premises, that is primarily devoted to such purpose; any elementary or secondary school facility; any junior college, community college, college or university facility unless for the purpose of participating in any authorized firearms-related activity; inside the passenger terminal of any airport, except that no person shall be prohibited from carrying any legal firearm into the terminal if the firearm is encased for shipment, for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; any church or other place of worship, except as provided in Section 45-9-171 ; or any place where the carrying of firearms is prohibited by federal law. In addition to the places enumerated in this subsection, the carrying of a stun gun, concealed pistol or revolver may be disallowed in any place in the discretion of the person or entity exercising control over the physical location of such place by the placing of a written notice clearly readable at a distance of not less than ten (10) feet that the “carrying of a pistol or revolver is prohibited.” No license issued pursuant to this section shall authorize the participants in a parade or demonstration for which a permit is required to carry a stun gun, concealed pistol or revolver.

(14) A law enforcement officer as defined in Section 45-6-3 , chiefs of police, sheriffs and persons licensed as professional bondsmen pursuant to Chapter 39, Title 83, Mississippi Code of 1972 , shall be exempt from the licensing requirements of this section.

(a) The Commissioner of Public Safety shall promulgate rules and regulations to provide licenses to law enforcement officers as defined in Section 45-6-3 who choose to obtain a license under the provisions of this section, which shall include a distinction that the officer is an “active duty” law enforcement officer and an endorsement that such officer is authorized to carry in the locations listed in subsection (13). A law enforcement officer shall provide the following information to receive the license described in this subsection: (i) a letter, with the official letterhead of the agency or department for which the officer is employed at the time of application and (ii) a letter with the official letterhead of the agency or department, which explains that such officer has completed a certified law enforcement training academy.

(b) The licensing requirements of this section do not apply to the carrying by any person of a stun gun, pistol or revolver, knife, or other deadly weapon that is not concealed as defined in Section 97-37-1 .

(15) Any person who knowingly submits a false answer to any question on an application for a license issued pursuant to this section, or who knowingly submits a false document when applying for a license issued pursuant to this section, shall, upon conviction, be guilty of a misdemeanor and shall be punished as provided in Section 99-19-31, Mississippi Code of 1972 .

(16) All fees collected by the Department of Public Safety pursuant to this section shall be deposited into a special fund hereby created in the State Treasury and shall be used for implementation and administration of this section. After the close of each fiscal year, the balance in this fund shall be certified to the Legislature and then may be used by the Department of Public Safety as directed by the Legislature.

(17) All funds received by a sheriff or police chief pursuant to the provisions of this section shall be deposited into the general fund of the county or municipality, as appropriate, and shall be budgeted to the sheriff's office or police department as appropriate.

(18) Nothing in this section shall be construed to require or allow the registration, documentation or providing of serial numbers with regard to any stun gun or firearm.

(19) Any person holding a valid unrevoked and unexpired license to carry stun guns, concealed pistols or revolvers issued in another state shall have such license recognized by this state to carry stun guns, concealed pistols or revolvers. The Department of Public Safety is authorized to enter into a reciprocal agreement with another state if that state requires a written agreement in order to recognize licenses to carry stun guns, concealed pistols or revolvers issued by this state.

(20) The provisions of this section shall be under the supervision of the Commissioner of Public Safety. The commissioner is authorized to promulgate reasonable rules and regulations to carry out the provisions of this section.

(21) For the purposes of this section, the term “ stun gun ” means a portable device or weapon from which an electric current, impulse, wave or beam may be directed, which current, impulse, wave or beam is designed to incapacitate temporarily, injure, momentarily stun, knock out, cause mental disorientation or paralyze.

(22)(a) From and after January 1, 2016, the Commissioner of Public Safety shall promulgate rules and regulations which provide that licenses authorized by this section for honorably retired law enforcement officers and honorably retired correctional officers from the Mississippi Department of Corrections shall (i) include the words “retired law enforcement officer” on the front of the license, and (ii) unless the licensee chooses to have this license combined with a driver's license or identification card under subsection (25) of this section, that the license itself have a red background to distinguish it from other licenses issued under this section.

(b) An honorably retired law enforcement officer and honorably retired correctional officer shall provide the following information to receive the license described in this section: (i) a letter, with the official letterhead of the agency or department from which such officer is retiring, which explains that such officer is honorably retired, and (ii) a letter with the official letterhead of the agency or department, which explains that such officer has completed a certified law enforcement training academy.

(23) A disabled veteran who seeks to qualify for an exemption under this section shall be required to provide a veterans health services identification card issued by the United States Department of Veterans Affairs indicating a service-connected disability, which shall be sufficient proof of such service-connected disability.

(24) A license under this section is not required for a loaded or unloaded pistol or revolver to be carried upon the person in a sheath, belt holster or shoulder holster or in a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case if the person is not engaged in criminal activity other than a misdemeanor traffic offense, is not otherwise prohibited from possessing a pistol or revolver under state or federal law, and is not in a location prohibited under subsection (13) of this section. However, the medical use of medical cannabis by a cardholder who is a registered qualifying patient which is lawful under the provisions of the Mississippi Medical Cannabis Act and in compliance with rules and regulations adopted thereunder shall not disqualify a person under this subsection (24) solely because the person is prohibited from possessing a firearm under 18 USCS Section 922(g)(3) due to such medical use of medical cannabis.

(25) An applicant for a license under this section shall have the option of, instead of being issued a separate card for the license, having the license appear as a notation on the individual's driver's license or identification card. If the applicant chooses this option, the license issued under this section shall have the same expiration date as the driver's license or identification card, and renewal shall take place at the same time and place as renewal of the driver's license or identification card. The Commissioner of Public Safety shall have the authority to promulgate rules and regulations which may be necessary to ensure the effectiveness of the concurrent application and renewal processes.
Miss. Code Ann. § 45-39-15 — MS Code / Title 45 / Chapter 2 / Section 39-15
Miss. Code Ann. § 45-39-15
Status: in_force

The board of supervisors of a county and the governing authority of a municipality are authorized to contribute funds to a local crime stoppers program from the general fund of the county or municipality or any other available source if the local crime stoppers program is established to operate, in whole or in part, within the boundaries of that county or municipality.

This chapter shall not repeal or affect any local and private act establishing a county or local crime stoppers program providing for the operation and funding of such program.
Miss. Code Ann. § 45-45-11 — MS Code / Title 45 / Chapter 10 / Section 45-11
Miss. Code Ann. § 45-45-11
Status: in_force

(1) Only a person who is working under the direct supervision of a licensed elevator contractor and who possesses an elevator mechanic license is authorized to erect, construct, alter, replace, maintain, test, remove, dismantle or wire from the mainline feeder terminals on the controller of any conveyance contained within buildings or structures in this state. Supervision by a licensed elevator contractor is not required for removing or dismantling conveyances that are destroyed as a result of a complete demolition of a secured building or structure or where the hoistway or wellway is demolished back to the basic support structure whereby no access is permitted to endanger the safety and welfare of a person.

(2) Only a person who possesses an elevator inspector license is authorized to inspect conveyances identified in this chapter.
Miss. Code Ann. § 45-6-11 — MS Code / Title 45 / Chapter 1 / Section 6-11
Miss. Code Ann. § 45-6-11
Status: in_force

(1) Law enforcement officers already serving under permanent appointment on July 1, 1981, and personnel of the Division of Community Services under Section 47-7-9, Mississippi Code of 1972 , serving on July 1, 1994, shall not be required to meet any requirement of subsections (3) and (4) of this section as a condition of continued employment; nor shall failure of any such law enforcement officer to fulfill such requirements make that person ineligible for any promotional examination for which that person is otherwise eligible. Provided, however, if any law enforcement officer certified under the provisions of this chapter leaves his employment as such and does not become employed as a law enforcement officer within two (2) years from the date of termination of his prior employment, he shall be required to comply with board policy as to rehiring standards in order to be employed as a law enforcement officer; except, that, if any law enforcement officer certified under this chapter leaves his employment as such to serve as a sheriff, he may be employed as a law enforcement officer after he has completed his service as a sheriff without being required to comply with board policy as to rehiring standards. Part-time law enforcement officers serving on or before July 1, 1998, shall have until July 1, 2001, to obtain certification as a part-time officer.

(2)(a) Any person who has twenty (20) years of law enforcement experience and who is eligible to be certified under this section shall be eligible for recertification after leaving law enforcement on the same basis as someone who has taken the basic training course. Application to the board to qualify under this paragraph shall be made no later than June 30, 1993.

(b) Any person who has twenty-five (25) years of law enforcement experience, whether as a part-time, full-time, reserve or auxiliary officer, and who has received certification as a part-time officer, may be certified as a law enforcement officer as defined in Section 45-6-3(c) without having to meet further requirements. Application to the board to qualify under this paragraph shall be made no later than June 30, 2009.

(3)(a) No person shall be appointed or employed as a law enforcement officer or a part-time law enforcement officer unless that person has been certified as being qualified under the provisions of subsection (4) of this section.

(b) No person shall be appointed or employed as a law enforcement trainee in a full-time capacity by any law enforcement unit for a period to exceed one (1) year. No person shall be appointed or employed as a law enforcement trainee in a part-time, reserve or auxiliary capacity by any law enforcement unit for a period to exceed two (2) years. The prohibition against the appointment or employment of a law enforcement trainee in a full-time capacity for a period not to exceed one (1) year or a part-time, reserve or auxiliary capacity for a period not to exceed two (2) years may not be nullified by terminating the appointment or employment of such a person before the expiration of the time period and then rehiring the person for another period. Any person, who, due to illness or other events beyond his control, could not attend the required school or training as scheduled, may serve with full pay and benefits in such a capacity until he can attend the required school or training.

(c) No person shall serve as a law enforcement officer in any full-time, part-time, reserve or auxiliary capacity during a period when that person's certification has been suspended, cancelled or recalled pursuant to the provisions of this chapter.

(4) In addition to the requirements of subsections (3), (7) and (8) of this section, the board, by rules and regulations consistent with other provisions of law, shall fix other qualifications for the employment of law enforcement officers, including minimum age, education, physical and mental standards, citizenship, good moral character, experience and such other matters as relate to the competence and reliability of persons to assume and discharge the responsibilities of law enforcement officers, and the board shall prescribe the means for presenting evidence of fulfillment of these requirements. Additionally, the board shall fix qualifications for the appointment or employment of part-time law enforcement officers to essentially the same standards and requirements as law enforcement officers. The board shall develop and implement a part-time law enforcement officer training program that meets the same performance objectives and has essentially the same or similar content as the programs approved by the board for full-time law enforcement officers and the board shall provide that such training shall be available locally and held at times convenient to the persons required to receive such training.

(5) Any elected sheriff, constable, deputy or chief of police may apply for certification. Such certification shall be granted at the request of the elected official after providing evidence of satisfaction of the requirements of subsections (3) and (4) of this section. Certification granted to such elected officials shall be granted under the same standards and conditions as established by law enforcement officers and shall be subject to recall as in subsection (7) of this section.

(6) The board shall issue a certificate evidencing satisfaction of the requirements of subsections (3) and (4) of this section to any applicant who presents such evidence as may be required by its rules and regulations of satisfactory completion of a program or course of instruction in another jurisdiction or military training equivalent in content and quality to that required by the board for approved law enforcement officer education and training programs in this state, and has satisfactorily passed any and all diagnostic testing and evaluation as required by the board to ensure competency.

(7) Professional certificates remain the property of the board, and the board reserves the right to either reprimand the holder of a certificate, suspend a certificate upon conditions imposed by the board, or cancel and recall any certificate when:

(a) The certificate was issued by administrative error;

(b) The certificate was obtained through misrepresentation or fraud;

(c) The holder has been convicted of any crime involving moral turpitude;

(d) The holder has been convicted of a felony;

(e) The holder has committed an act of malfeasance or has been dismissed from his employing law enforcement agency; or

(f) Other due cause as determined by the board.

(8) When the board believes there is a reasonable basis for either the reprimand, suspension, cancellation of, or recalling the certification of a law enforcement officer or a part-time law enforcement officer, notice and opportunity for a hearing shall be provided in accordance with law prior to such reprimand, suspension or revocation.

(9) Any full- or part-time law enforcement officer aggrieved by the findings and order of the board may file an appeal with the chancery court of the county in which such person is employed from the final order of the board. Such appeals must be filed within thirty (30) days of the final order of the board.

(10) Any full- or part-time law enforcement officer whose certification has been cancelled pursuant to this chapter may reapply for certification, but not sooner than two (2) years after the date on which the order of the board cancelling such certification becomes final.
Miss. Code Ann. § 45-11-81 — MS Code / Title 45 / Chapter 3 / 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. § 45-11-253 — MS Code / Title 45 / Chapter 3 / 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. § 45-11-51 — MS Code / Title 45 / Chapter 2 / Section 11-51
Miss. Code Ann. § 45-11-51
Status: in_force

Every person who shall give any public amusement, entertainment or exhibition in any house or place for public amusement not constructed and arranged as required by Sections 45-11-21 through 45-11-55 , or shall violate or permit the violation of any of their requirements, shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than Twenty Dollars ($20.00) nor more than Five Hundred Dollars ($500.00), or imprisoned in the county jail not less than one (1) week nor more than six (6) months, or both.
Miss. Code Ann. § 45-43-19 — MS Code / Title 45 / Chapter 33 / 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. § 45-27-13 — MS Code / Title 45 / Chapter 3 / Section 27-13
Miss. Code Ann. § 45-27-13
Status: in_force

(1) Any person who knowingly requests, obtains or attempts to obtain criminal history record information and other information maintained in the center's network under false pretenses or who misuses criminal history record information or information maintained in the center's network except in accordance with law or who knowingly communicates or attempts to communicate criminal history record information to any agency or person except in accordance with this chapter, or any member, officer, employee or agent of the center, or any participating agency who knowingly falsifies criminal history record information, or any records relating thereto, shall for each such offense be fined not more than Five Thousand Dollars ($5,000.00) or be imprisoned for not more than one (1) year, or both fined and imprisoned.

(2) Any person who knowingly discloses or attempts to disclose the techniques or methods employed to ensure the security and privacy of information or data contained in criminal justice information systems, except in accordance with this chapter, shall for each such offense be fined not more than Five Thousand Dollars ($5,000.00) or be imprisoned for not more than two (2) years in the custody of the Department of Corrections, or both.
Miss. Code Ann. § 45-43-17 — MS Code / Title 45 / Chapter 15 / Section 43-17
Miss. Code Ann. § 45-43-17
Status: in_force

Each door, sliding glass door, window, and window screen of each dwelling unit in a residential building located in the enclosed pool yard must comply with Sections 45-43-13 and 45-43-15 .
Miss. Code Ann. § 45-39-5 — MS Code / Title 45 / Chapter 4 / Section 39-5
Miss. Code Ann. § 45-39-5
Status: in_force

(1) The council may contract with a person to serve as its director or, with the concurrence of the Commissioner of Public Safety, may employ an individual within the Department of Public Safety to serve as director. The council shall establish the authority and responsibilities of the director.

(2) The council shall:

(a) Advise and assist in the creation of local crime stoppers programs;

(b) Foster the detection of crime and encourage persons to report information about criminal acts;

(c) Encourage news and other media to promote local crime stoppers programs and to inform the public of the functions of the council;

(d) Assist local crime stoppers programs in forwarding information about criminal acts to the appropriate law enforcement agencies; and

(e) Help law enforcement agencies detect and combat crime by increasing the flow of information to and between law enforcement agencies.

(3) The council may adopt rules to carry out its duties under this chapter.

(4) The assessments collected under subsection (5) of Section 99-19-73, Mississippi Code of 1972 , and any other funds as may be made available through contributions from private or public sources, shall be deposited in a special fund that is hereby created in the State Treasury and designated the State Crime Stoppers Fund. Monies deposited in the fund shall be expended by the council, pursuant to appropriation therefor by the Legislature, for the authorized purposes of the State Crime Stoppers Program established under this chapter, including, but not limited to, providing reward monies for individuals who legitimately report crime activity. Any such funds paid to such individuals shall be kept confidential by the council, and any audit of the fund and the expenditures of the council shall provide for the confidentiality of any expenditures to such individuals. The Department of Public Safety shall have the authority to accept, budget and expend for any proper expenses of the Crime Stoppers Advisory Council any special source funds made available to the Crime Stoppers Program subject to the approval of the Department of Finance and Administration and in accordance with procedures for federal fund escalations as established in Section 27-104-21 .

(5) The council shall have the authority to require financial statement reporting from any local crime stoppers program receiving any type of public funding, including, but not limited to, surcharges, assessments, fees or other funds paid directly to a local crime stoppers program by a municipal or county agency, including funds received under Section 45-39-17 .
Miss. Code Ann. § 45-23-9 — MS Code / Title 45 / Chapter 5 / 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. § 45-33-27 — MS Code / Title 45 / Chapter 11 / Section 33-27
Miss. Code Ann. § 45-33-27
Status: in_force

(1) A person required to register on the basis of a conviction, adjudication of delinquency or acquittal by reason of insanity entered shall register with the responsible agency within three (3) business days of the date of judgment unless the person is immediately confined or committed, in which case the person shall register before release in accordance with the procedures established by the department. The responsible agency shall immediately forward the registration information to the Department of Public Safety. The person is also 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) days of registration with the responsible agency and to obtain a sex offender registration card.

(2) If a person who is required to register under this section is released from prison or placed on parole or supervised release or in a restitution center or community work center, the Department of Corrections shall perform the registration duties before placement in a center or before release and immediately forward the registration information to the Department of Public Safety. The person is also 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) days of release or placement in a restitution center or community work center.

(3) If a person required to register under this section is placed on probation, the court, at the time of entering the order, shall register the person and immediately forward the registration information to the Department of Public Safety. The person is also 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) days of the entry of the order.

(4) Any person required to register who is neither incarcerated, detained nor committed at the time the requirement to register attaches shall present himself to the county sheriff to register within three (3) business days, and shall 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) days of the time the requirement to register attaches.

(5) An offender moving to or returning to this state from another jurisdiction shall notify the Department of Public Safety ten (10) days before the person first resides in or returns to this state and shall present himself to the sheriff of the county of his residence within three (3) business days after first residing in or returning to a county of this state to provide the required registration information. The person is also required to register by personally appearing 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) days after first residing in or moving to a county of this state. If the offender fails to appear for registration as required in this state, the department shall notify the other jurisdiction of the failure to register.

(6) A person, other than a person confined in a correctional or juvenile detention facility or involuntarily committed on the basis of mental illness, who is required to register on the basis of a sex offense for which a conviction, adjudication of delinquency or acquittal by reason of insanity was entered shall register with the sheriff of the county in which he resides no later than August 15, 2000, or within three (3) business days of first residing in or returning to a county of this state.

(7) Every person required to register shall show proof of domicile. The commissioner shall promulgate any rules and regulations necessary to enforce this requirement and shall prescribe the means by which such person may show domicile.

(8) Any driver's license photograph, I.D. photograph, sex offender photograph, fingerprint, driver's license application and/or anything submitted to the Department of Public Safety by a known convicted sex offender, registered or not registered, can be used by the Department of Public Safety or any other authorized law enforcement agency for any means necessary in registration, identification, investigation regarding their tracking or identification.

(9) The department will assist local law enforcement agencies in the effort to conduct address and other verifications of registered sex offenders and will assist in the location and apprehension of noncompliant sex offenders.
Miss. Code Ann. § 45-49-15 — MS Code / Title 45 / Chapter 18 / 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. § 45-23-37 — MS Code / Title 45 / Chapter 9 / Section 23-37
Miss. Code Ann. § 45-23-37
Status: in_force

If the inspector can show due cause that a hydrostatic test is necessary it shall be made by the owner or user of the boiler or pressure vessel, at the owner's or user's expense.
Miss. Code Ann. § 45-45-37 — MS Code / Title 45 / Chapter 38 / Section 45-37
Miss. Code Ann. § 45-45-37
Status: in_force

The Commissioner of Insurance shall have authority to promulgate rules and regulations for licensing and enforcement for all provisions in this chapter.
Miss. Code Ann. § 45-49-3 — MS Code / Title 45 / Chapter 1 / 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. § 45-33-34 — MS Code / Title 45 / Chapter 3 / Section 33-34
Miss. Code Ann. § 45-33-34
Status: in_force

(1) The Department of Corrections and all law enforcement agencies shall notify the department when a registered sex offender is arrested or incarcerated for another offense or as the result of having violated probation, parole, conditional discharge or other sentence or court order.

(2) The offender, offender's guardian, offender's conservator or the administrator of the institution shall notify the department when a registered sex offender is committed to a mental institution for a reason other than the initial confinement following an acquittal by reason of insanity for a sex offense.
Miss. Code Ann. § 45-27-1 — MS Code / Title 45 / Chapter 27 / Section 27-1
Miss. Code Ann. § 45-27-1
Status: in_force

The Legislature finds and declares that a more effective administrative structure now is required to control the collection, storage, dissemination and use of criminal offender record information. These improvements in the organization and control of criminal offender record keeping are imperative both to strengthen the administration of criminal justice and to assure appropriate protection of rights of individual privacy. The purposes of this chapter are (a) to control and coordinate criminal offender record keeping within this state; (b) to assure periodic reporting to the Governor and Legislature concerning such record keeping; and (c) to establish a more effective administrative structure for the collection, maintenance, retrieval and dissemination of criminal history record information described in this chapter, consistent with those principles of scope and security prescribed by this chapter, and to facilitate the practical use of criminal offender record information within the criminal justice system.
Miss. Code Ann. § 45-39-11 — MS Code / Title 45 / Chapter 18 / 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. § 45-14-39 — MS Code / Title 45 / Chapter 10 / Section 14-39
Miss. Code Ann. § 45-14-39
Status: in_force

When the agency determines that any waters contain any radioactive materials, the agency shall submit a report so advising the Mississippi Air and Water Pollution Control Commission.
Miss. Code Ann. § 45-17-9 — MS Code / Title 45 / Chapter 7 / 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. § 45-14-5 — MS Code / Title 45 / Chapter 12 / 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. § 45-11-35 — MS Code / Title 45 / Chapter 5 / Section 11-35
Miss. Code Ann. § 45-11-35
Status: in_force

All hotels or lodging houses hereafter constructed over two (2) stories in height and over one hundred feet (100') in length or breadth, shall be so constructed as to have at least two (2) flights of stairs for use of guests leading from the ground floor to the uppermost story, one (1) to be located at each end or side.
Miss. Code Ann. § 45-43-7 — MS Code / Title 45 / Chapter 18 / 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. § 45-45-9 — MS Code / Title 45 / Chapter 39 / Section 45-9
Miss. Code Ann. § 45-45-9
Status: in_force

For purposes of this chapter, the following terms are defined as follows, unless the context clearly indicates otherwise:

(a) “ Administrator ” means the person or persons designated by the Commissioner of Insurance.

(b) “ ANSI ” means the American National Standards Institute.

(c) “ ASCE ” means the American Society of Civil Engineers.

(d) “ ASCE 21 ” means the American Society of Civil Engineers Automated People Mover Standards.

(e) “ ASME ” means the American Society of Mechanical Engineers.

(f) “ ASME A17.1/CSA B44 ” means the Safety Code for Elevators and Escalators, an American National Standard.

(g) “ ASME A17.3 ” means the Safety Code for Existing Elevators and Escalators, an American National Standard.

(h) “ ASME A17.7/CSA B44.7 ” means the Performance-Based Safety Code for Elevators and Escalators, an American National Standard.

(i) “ ASME A18.1 ” means the Safety Standard for Platform Lifts and Stairway Chairlifts, an American National Standard.

(j) “ Automated people mover ” means an installation defined as an “automated people mover” in ASCE 21.

(k) “ Certificate of Operation ” means a document that indicates that the conveyance has had the safety inspection and tests required by this chapter.

(l) “ Commissioner ” means Commissioner of Insurance.

(m) “ Conveyance ” means any elevator, dumbwaiter, escalator, moving sidewalk, platform lift, stairway chairlift or automated people mover.

(n) “ Elevator ” means an installation defined as an “elevator” in ASME A17.1/CSA B44.

(o) “ Elevator contractor ” means any sole proprietor, firm, corporation or other business entity engaged in the business of erecting, constructing, installing, altering, servicing, repairing or maintaining elevators and other conveyances.

(p) “ Elevator helper or apprentice ” means a person who works under the general direction of a licensed elevator mechanic.

(q) “ Elevator inspector ” means any person who specializes in the design, testing and maintenance inspection of elevators and other conveyances.

(r) “ Elevator mechanic ” means any person who is engaged in erecting, constructing, installing, altering, servicing, repairing, testing or maintaining elevators or other conveyances. For the purposes of this chapter, a certified elevator technician is considered an elevator mechanic.

(s) “ Escalator ” means an installation defined as an “escalator” in ASME A17.1/CSA B44.

(t) “ Existing installation ” means an installation defined as an “installation, existing” in ASME A17.1/CSA B44.

(u) “ License ” means a written license issued under this chapter.

(v) “ Licensee ” means the elevator mechanic, elevator contractor or elevator inspector who possesses a license issued under this chapter.

(w) “ Limited Elevator Contractor ” means any sole proprietor, firm or company who employs individuals to carry on a business of erecting, constructing, installing, altering, servicing, repairing, or maintaining platform lifts and stairway chairlifts within any building or structure.

(x) “ Limited Elevator Mechanic ” means any person who is engaged in erecting, constructing, installing, altering, servicing, repairing or maintaining platform lifts and stairway chairlifts.

(y) “ Moving walk ” or “ moving sidewalk ” means an installation defined as a “moving walk” in ASME A17.1/CSA B44.
Miss. Code Ann. § 45-23-31 — MS Code / Title 45 / Chapter 13 / Section 23-31
Miss. Code Ann. § 45-23-31
Status: in_force

Any duly authorized representative of the board shall have free access, during reasonable hours, to any premises in the state where a boiler or pressure vessel is being constructed for use in, or is being installed in, this state for the purpose of ascertaining whether such boiler or pressure vessel is being constructed and installed in accordance with the provisions of this chapter.
Miss. Code Ann. § 45-23-37 — MS Code / Title 45 / Chapter 12 / Section 23-37
Miss. Code Ann. § 45-23-37
Status: in_force

If the inspector can show due cause that a hydrostatic test is necessary it shall be made by the owner or user of the boiler or pressure vessel, at the owner's or user's expense.
Miss. Code Ann. § 45-35-1 — MS Code / Title 45 / Chapter 3 / Section 35-1
Miss. Code Ann. § 45-35-1
Status: in_force

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

(a) “Department” means the Department of Public Safety;

(b) “Commissioner” means the Commissioner of Public Safety; and

(c) “Identification card” means a card issued under the provisions of this article by the Department of Public Safety.
Miss. Code Ann. § 45-9-209 — MS Code / Title 45 / Chapter 3 / Section 9-209
Miss. Code Ann. § 45-9-209
Status: in_force

(1) The Attorney General may investigate alleged violations of Sections 45-9-201 through 45-9-209 and, upon finding a violation, shall provide written notice to any individual or entity, public or private, believed to be in violation of Sections 45-9-201 through 45-9-209 . Written notice to any commercial entity shall be made to the entity's registered agent pursuant to Section 79-35-13 . Upon receipt of such written notice from the Attorney General, the entity shall have thirty (30) calendar days to cease any violation of Sections 45-9-201 through 45-9-209 .

(2) Either a firearms retailer physically located in Mississippi whose business was the subject of an alleged violation of Sections 45-9-201 through 45-9-209 or a customer who transacted at a firearms retailer physically located in Mississippi whose business was the subject of an alleged violation of this Sections 45-9-201 through 45-9-209 , may petition the Attorney General to investigate the alleged violation in accordance with subsection (1) of this section.

(3)(a) If an individual or entity is found to be in violation of Sections 45-9-201 through 45-9-209 and fails to cease the violating activity after the expiration of thirty (30) calendar days from the receipt of written notice by the Attorney General's office, the Attorney General may pursue an injunction against any individual or entity, public or private, alleged to be in violation of Sections 45-9-201 through 45-9-209 . The Attorney General may pursue an injunction pursuant to this subsection in chancery court in the judicial district where the alleged violation occurred against the individual or entity in alleged violation of Sections 45-9-201 through 45-9-209 .

(b) If a court finds that an individual or entity continues to be in violation of Sections 45-9-201 through 45-9-209 after thirty (30) calendar days from receiving written notice from the Attorney General in accordance with subsection (1) of this section, then the court shall enjoin the individual or entity from continuing the activity found to be in violation of Sections 45-9-201 through 45-9-209 .

(c) If an individual or entity knowingly and willfully fails to comply with an injunction as provided in paragraph (b) of this subsection within thirty (30) days after being served with the injunction, then the Attorney General, upon petition to the court, may recover on behalf of the state a civil penalty in a sum not to exceed Ten Thousand Dollars ($10,000.00) per violation of an injunction issued pursuant to paragraph (b) of this subsection, committed after the expiration of the period of thirty (30) days after the entity was served with the injunction. In assessing such a penalty, the court shall consider factors, including the financial resources of the violator and the harm or risk of harm to the Second Amendment rights resulting from the violation. The Attorney General may also recover, in addition to the civil penalty pursuant to this subsection, investigative costs and a reasonable attorney's fee. Any order assessing a penalty for violation of this act pursuant to this paragraph shall be stayed pending appeal of the order.

(d) The remedies set forth in Sections 45-9-201 through 45-9-209 shall be the exclusive remedies for violation of Sections 45-9-201 through 45-9-209 .

(e) It shall be a defense to a proceeding initiated pursuant to Sections 45-9-201 through 45-9-209 that such firearms code was required to be used based on a good-faith conclusion that the entity's disclosure or action was required by applicable law or regulation.
Miss. Code Ann. § 45-39-9 — MS Code / Title 45 / Chapter 13 / 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. § 45-49-1 — MS Code / Title 45 / Chapter 27 / 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. § 45-21-19 — MS Code / Title 45 / Chapter 12 / 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. § 45-23-25 — MS Code / Title 45 / Chapter 18 / Section 23-25
Miss. Code Ann. § 45-23-25
Status: in_force

(1) An inspector's license may be suspended by the chief inspector, after due investigation and approval by the board, for the incompetence or untrustworthiness of the holder thereof or for willful falsification of any matter or statement contained in his application or in a report of any inspection made by him. Written notice of any such suspension shall be given by the chief inspector within not more than ten (10) days thereof to the inspector and his employer.

A person whose license has been suspended shall be entitled to an appeal to the board, as provided in Section 45-23-57 , and to be present in person or to be represented by counsel at the hearing of the appeal.

(2) If the board has reason to believe that a licensed inspector is no longer qualified to hold his license, the board shall, upon not less than ten (10) days' written notice to the inspector and his employer, hold a hearing at which such inspector and his employer shall have an opportunity to be heard. If, as a result of such hearing, the board shall find that such inspector is no longer qualified to hold his license, the board shall instruct the chief inspector that such license shall be revoked and the chief inspector shall thereupon revoke such license forthwith.

(3) A person whose license has been suspended shall be entitled to apply, after ninety (90) days from the date of such suspension for reinstatement of such license.
Miss. Code Ann. § 45-43-31 — MS Code / Title 45 / Chapter 21 / 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. § 45-11-33 — MS Code / Title 45 / Chapter 1 / Section 11-33
Miss. Code Ann. § 45-11-33
Status: in_force

Every proprietor or keeper of a hotel or lodging house shall, in case of fire therein, give notice of the same to all guests and inmates thereof at once, and do all in his power to rescue them.
Miss. Code Ann. § 45-18-1 — MS Code / Title 45 / Chapter 15 / Section 18-1
Miss. Code Ann. § 45-18-1
Status: in_force

Section 45-18-3 may be cited as the Emergency Management Assistance Compact.
Miss. Code Ann. § 45-14-15 — MS Code / Title 45 / Chapter 7 / Section 14-15
Miss. Code Ann. § 45-14-15
Status: in_force

(1) Authorized representatives of the agency shall have the authority to enter upon any public or private property of permittees, registrants and licensees, including private dwellings used for business purposes, at all reasonable times for the purpose of determining compliance with the provisions of this chapter and rules, regulations and standards adopted hereunder. Authorized representatives of the agency, only in the event of a declared emergency, shall have the authority to enter upon any public or private property, including private dwellings used for business purposes, at all reasonable times for the purpose of determining compliance with the provisions of this chapter and rules, regulations and standards adopted hereunder.

(2) The agency is authorized to institute training programs for its personnel to carry out the provisions of this chapter and may make personnel available for participation in any program or programs of the federal government, other states or interstate agencies in furtherance of the purposes of this chapter.

(3) The agency is authorized to institute educational programs for the purpose of training or educating persons who may possess, use, handle, transport or service sources of radiation.

(4) The Governor is authorized to enter into agreements with the federal government, other states or interstate agencies, whereby this state will perform, on a cooperative basis with the federal government, other states, or interstate agencies, inspections, emergency response to radiation accidents and other functions related to the control of radiation.
Miss. Code Ann. § 45-38-3 — MS Code / Title 45 / Chapter 1 / 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. § 45-35-17 — MS Code / Title 45 / Chapter 33 / 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. § 45-11-73 — MS Code / Title 45 / Chapter 6 / 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. § 45-27-8 — MS Code / Title 45 / Chapter 2 / 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. § 45-43-23 — MS Code / Title 45 / Chapter 10 / Section 43-23
Miss. Code Ann. § 45-43-23
Status: in_force

(1) A tenant of an owner of a multiunit rental complex, a member of a property owners association, a governmental entity, or any other person or the person's representative may maintain an action against the owner or property owners association for failure to comply with the requirements of this chapter. In that action, the person may obtain:

(a) A court order directing the owner or property owners association to comply with this chapter;

(b) A judgment against the owner or property owners association for actual damages resulting from the failure to comply with the requirements of this chapter;

(c) A judgment against the owner or property owners association for attorney's fees if the actual damages to the person were caused by the owner's or property owners association's intentional, malicious or grossly negligent actions; or

(d) A judgment against the owner or property owners association for a civil penalty of not more than Five Thousand Dollars ($5,000.00) if the owner or property owners association fails to comply with this chapter within a reasonable time after written notice by a tenant of the multiunit rental complex or a member of the property owners association; the court may award reasonable attorney's fees and costs to the prevailing party in an action brought under this subsection (1)(d).

(2) The Attorney General, a local health department, a municipality, or a county having jurisdiction may enforce this chapter by any lawful means, including inspections, permits, fees, civil fines, criminal prosecutions, injunctions, and after required notice, governmental construction or repair of pool yard enclosures that do not exist or that do not comply with this chapter.
Miss. Code Ann. § 45-14-65 — MS Code / Title 45 / Chapter 7 / 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. § 45-38-5 — MS Code / Title 45 / Chapter 35 / 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. § 45-27-5 — MS Code / Title 45 / Chapter 13 / 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. § 45-23-59 — MS Code / Title 45 / Chapter 21 / Section 23-59
Miss. Code Ann. § 45-23-59
Status: in_force

Within thirty (30) days after any order or act of the board, any person aggrieved thereby may file a petition in the circuit court of the county of the aggrieved for a review thereof. The court shall summarily hear the petition and may make any appropriate order.
Miss. Code Ann. § 45-33-21 — MS Code / Title 45 / Chapter 17 / 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. § 45-33-35 — MS Code / Title 45 / Chapter 18 / Section 33-35
Miss. Code Ann. § 45-33-35
Status: in_force

(1) The Mississippi Department of Public Safety shall maintain a central registry of sex offender information as defined in Section 45-33-25 and shall adopt rules and regulations necessary to carry out this section. The responsible agencies shall provide the information required in Section 45-33-25 on a form developed by the department to ensure accurate information is maintained.

(2) Upon conviction, adjudication or acquittal by reason of insanity of any sex offender, if the sex offender is not immediately confined or not sentenced to a term of imprisonment, the clerk of the court which convicted and sentenced the sex offender shall inform the person of the duty to register, including the duty 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, and shall perform the registration duties as described in Section 45-33-23 and forward the information to the department.

(3) Before release from prison or placement on parole, supervised release or in a work center or restitution center, the Department of Corrections shall inform the person of the duty to register, including the duty 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, and shall perform the registration duties as described in Section 45-33-23 and forward the information to the Department of Public Safety.

(4) Before release from a community regional mental health center or from confinement in a mental institution following an acquittal by reason of insanity, the director of the facility shall inform the offender of the duty to register, including the duty 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, and shall perform the registration duties as described in Section 45-33-23 and forward the information to the Department of Public Safety.

(5) Before release from a youthful offender facility, the director of the facility shall inform the person of the duty to register, including the duty 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, and shall perform the registration duties as described in Section 45-33-23 and forward the information to the Department of Public Safety.

(6) In addition to performing the registration duties, the responsible agency shall:

(a) Inform the person having a duty to register that:

(i) The person 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, at least ten (10) days before changing address.

(ii) Any change of address to another jurisdiction shall be reported to the department by personally appearing 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 the change of address. The offender shall comply with any registration requirement in the new jurisdiction.

(iii) The person must register in any jurisdiction where the person is employed, carries on a vocation, is stationed in the military or is a student.

(iv) Address verifications shall be made by personally appearing 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 the required time period.

(v) Notification or verification of a change in 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 shall be reported to the department by personally appearing 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.

(vi) If the person has been convicted of a sex offense, the person shall notify any organization for which the person volunteers in which volunteers have direct, private or unsupervised contact with minors that the person has been convicted of a sex offense as provided in Section 45-33-32(1) .

(vii) Upon any change of name or employment, 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.

(viii) 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.

(ix) 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.

(x) Upon any change of information deemed 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.

(b) Require the person to read and sign a form stating that the duty of the person to register under this chapter has been explained.

(c) Obtain or facilitate the obtaining of a biological sample from every registrant as required by this chapter if such biological sample has not already been provided to the Mississippi Forensics Laboratory.

(d) Provide a copy of the order of conviction or sentencing order to the department at the time of registration.
Miss. Code Ann. § 45-4-5 — MS Code / Title 45 / Chapter 3 / Section 4-5
Miss. Code Ann. § 45-4-5
Status: in_force

In addition to the powers conferred upon the Board on Jail Officer Standards and Training elsewhere in this chapter, the board shall have power to:

(a) Promulgate rules and regulations for the administration of this chapter including the authority to require the submission of reports and information by criminal justice departments.

(b) Establish minimum educational and training standards for employment or appointment as a jail officer or a part-time jail officer (i) in a permanent position, and (ii) in a probationary status.

(c) Certify persons as being qualified to be jail officers or part-time jail officers.

(d) Revoke certification for cause and in the manner provided in this chapter.

(e) Establish minimum curriculum requirements for basic and advanced courses and programs and continuing education for schools operated by or for the state community colleges, police departments, youth detention facilities or sheriffs' offices for the specific purpose of training jail officers.

(f) Consult and cooperate with counties, municipalities, state agencies, other governmental agencies, and with universities, colleges, junior colleges and other institutions concerning the development of training schools, programs or courses of instruction for jail officers.

(g) Make recommendations concerning any matter within its purview pursuant to this chapter.

(h) Make such inspection and evaluation as may be necessary to determine if agencies are complying with the provisions of this chapter.

(i) Approve jail officer training schools.

(j) Upon the request of sheriffs or chiefs of police, conduct surveys or aid agencies to conduct surveys through qualified public or private agencies and assist in the implementation of any recommendations resulting from such surveys.

(k) Upon request, conduct general and specific management surveys and studies of the operations of the requesting jails at no cost to those agencies. The role of the board under this subsection shall be that of management consultant.

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

(m) To apply for, receive and expend any federal, state or local funds or contributions, gifts, donations, grants or funds from any other source.

(n) Enter into contracts or do such things as may be necessary and incidental to the administration of this chapter.
Miss. Code Ann. § 45-35-15 — MS Code / Title 45 / Chapter 21 / Section 35-15
Miss. Code Ann. § 45-35-15
Status: in_force

No public entity or public official shall be liable for any loss or injury resulting directly or indirectly from false or inaccurate information contained in an identification card issued pursuant to this article.
Miss. Code Ann. § 45-27-17 — MS Code / Title 45 / Chapter 27 / Section 27-17
Miss. Code Ann. § 45-27-17
Status: in_force

All boards of supervisors, municipal authorities of the state and other users of the network are hereby authorized to appropriate and pay, in their discretion, to the Department of Public Safety such sum as may be assessed against said county or municipality or user agency as their pro rata cost of the justice information system and Mississippi Justice Information Center.
Miss. Code Ann. § 45-33-45 — MS Code / Title 45 / Chapter 14 / Section 33-45
Miss. Code Ann. § 45-33-45
Status: in_force

(1) The Department of Corrections may enter into a contract with a qualified vendor experienced in and capable of fulfilling the requirements of this section on a daily basis to provide a data monitoring and alert system for persons who are required to be monitored under this chapter. The initial program shall provide for monitoring upon release of the offenders listed in Section 45-33-33 or 45-33-47 as being obligated to be monitored while on bond or upon release from confinement.

(2) The system shall monitor the movement of a monitored subject through public records or other record information systems, and, at a minimum, shall provide:

(a) Time-correlated or continuous tracking of the geographic location of the monitored subject using a Global Positioning System that is based on satellite and other location technology;

(b) An automated monitoring system that can be used to permit law enforcement agencies to compare the geographic positions of monitored subjects with reported crime incidents and the proximity of the monitored subject to a reported crime incident; and

(c) From and after January 1, 2015, and subject to regulations promulgated by the Commissioner of Corrections, notification to:

(i) A victim or family of a victim who have registered for notification when the offender is within a specified range of the victim's or family's residence; and

(ii) Law enforcement when an offender is within the prohibited range of a school or other place where the offender is prohibited from being.

(3) The vendor shall notify the Department of Public Safety or a local law enforcement agency if a registered sex offender does any of the following:

(a) Moves from a residence or address in this state to a residence or address in another state.

(b) Moves from a residence or address in this state to another residence or address in this state.

(4) The Department of Corrections shall develop procedures to determine, investigate and report on a twenty-four-hour-per-day basis a monitored subject's noncompliance with the terms and conditions of the program, and all reports of noncompliance shall be investigated immediately by the law enforcement agency having jurisdiction that receives a report of noncompliance.

(5)(a) The system shall be installed and operational not later than January 1, 2014, following an appropriate testing period. The initial program shall consist of monitoring of the required offenders; in the second phase, the program will provide for notification to victims who have registered for notification.

(b) The Commissioner of Corrections shall study and develop recommendations for the Legislature as to the advisability of monitoring of additional registrants not later than January 1, 2015.

(6) The Commissioner of Corrections may adopt regulations to establish fees and otherwise administer monitoring of sex offenders as required under this chapter.

(7) Notwithstanding any provision of law, rule or regulation to the contrary, the Department of Corrections, Attorney General, Department of Public Safety, Mississippi Bureau of Investigation, and federal, county and municipal law enforcement agencies may share criminal incident information with each other and the vendor selected to provide the monitoring equipment for the program for the purposes of detection and prevention of crime.
Miss. Code Ann. § 45-35-1 — MS Code / Title 45 / Chapter 5 / Section 35-1
Miss. Code Ann. § 45-35-1
Status: in_force

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

(a) “Department” means the Department of Public Safety;

(b) “Commissioner” means the Commissioner of Public Safety; and

(c) “Identification card” means a card issued under the provisions of this article by the Department of Public Safety.
Miss. Code Ann. § 45-45-21 — MS Code / Title 45 / Chapter 5 / Section 45-21
Miss. Code Ann. § 45-45-21
Status: in_force

A licensee shall inspect, test, install, service and maintain conveyances in compliance with the provisions and standards of the State Fire Prevention and Building Code.
Miss. Code Ann. § 45-33-55 — MS Code / Title 45 / Chapter 15 / 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. § 45-5-1 — MS Code / Title 45 / Chapter 3 / Section 5-1
Miss. Code Ann. § 45-5-1
Status: in_force

This chapter may be cited as “The Mississippi Law Enforcement Officers' Training Academy Law of 1964.”
Miss. Code Ann. § 45-13-1 — MS Code / Title 45 / Chapter 9 / 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. § 45-4-5 — MS Code / Title 45 / Chapter 1 / Section 4-5
Miss. Code Ann. § 45-4-5
Status: in_force

In addition to the powers conferred upon the Board on Jail Officer Standards and Training elsewhere in this chapter, the board shall have power to:

(a) Promulgate rules and regulations for the administration of this chapter including the authority to require the submission of reports and information by criminal justice departments.

(b) Establish minimum educational and training standards for employment or appointment as a jail officer or a part-time jail officer (i) in a permanent position, and (ii) in a probationary status.

(c) Certify persons as being qualified to be jail officers or part-time jail officers.

(d) Revoke certification for cause and in the manner provided in this chapter.

(e) Establish minimum curriculum requirements for basic and advanced courses and programs and continuing education for schools operated by or for the state community colleges, police departments, youth detention facilities or sheriffs' offices for the specific purpose of training jail officers.

(f) Consult and cooperate with counties, municipalities, state agencies, other governmental agencies, and with universities, colleges, junior colleges and other institutions concerning the development of training schools, programs or courses of instruction for jail officers.

(g) Make recommendations concerning any matter within its purview pursuant to this chapter.

(h) Make such inspection and evaluation as may be necessary to determine if agencies are complying with the provisions of this chapter.

(i) Approve jail officer training schools.

(j) Upon the request of sheriffs or chiefs of police, conduct surveys or aid agencies to conduct surveys through qualified public or private agencies and assist in the implementation of any recommendations resulting from such surveys.

(k) Upon request, conduct general and specific management surveys and studies of the operations of the requesting jails at no cost to those agencies. The role of the board under this subsection shall be that of management consultant.

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

(m) To apply for, receive and expend any federal, state or local funds or contributions, gifts, donations, grants or funds from any other source.

(n) Enter into contracts or do such things as may be necessary and incidental to the administration of this chapter.
Miss. Code Ann. § 45-35-5 — MS Code / Title 45 / Chapter 34 / 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. § 45-23-1 — MS Code / Title 45 / Chapter 7 / Section 23-1
Miss. Code Ann. § 45-23-1
Status: in_force

This chapter shall be cited as the “Mississippi Boiler and Pressure Vessel Safety Law of 1974.”
Miss. Code Ann. § 45-23-17 — MS Code / Title 45 / Chapter 6 / Section 23-17
Miss. Code Ann. § 45-23-17
Status: in_force

The board shall employ a chief inspector who shall be a citizen of this state, or if no suitable person is available a citizen of another state, who shall have had at the time of such appointment not less than ten (10) 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 same kind of examination as that prescribed under Section 45-23-23 , and who should be, whenever possible, a registered professional engineer in this state. Such appointment shall be made within sixty (60) days after passage of this chapter and at any time thereafter that the office of the chief inspector may become vacant. Such chief inspector may be removed for cause after due investigation by the board.
Miss. Code Ann. § 45-35-67 — MS Code / Title 45 / Chapter 2 / 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. § 45-23-45 — MS Code / Title 45 / Chapter 5 / 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. § 45-34-3 — MS Code / Title 45 / Chapter 1 / 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. § 45-15-1 — MS Code / Title 45 / Chapter 12 / Section 15-1
Miss. Code Ann. § 45-15-1
Status: in_force

The following words and phrases, when used in this chapter, shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this section, except in those instances, if any, where the context clearly indicates a different meaning:

(a) “High voltage” means a voltage in excess of six hundred (600) volts between conductors or from any conductor to ground.

(b) “Overhead lines” mean all bare or insulated electrical conductors installed above the ground.

(c) “Person” means a natural person, firm, copartnership, association, corporation or governmental entity.

(d) “Authorized person” means:

(i) An employee or agent of an electric utility which generates, transmits or delivers electricity.

(ii) An employee or agent of a utility which provides and whose work relates to communication services or state, county or municipal agencies which have authorized circuit construction on or near the poles or structures of a utility.

(iii) An employee or agent of an industrial plant whose work relates to the electrical system of the industrial plant.

(iv) An employee or agent of a cable television or communication services company or an employee of a contractor of a cable television or communication services company if specifically authorized by the owner of the poles to make cable television or communication services attachments.

(v) An employee or agent of a rail transportation company whose work relates to the electrical systems of the rail transportation company.

(vi) An employee or agent of a state, county or municipal electric utility or agency which has or whose work relates to overhead electrical lines, circuit construction or conductors on poles or structures of any type.

(e) “Electric utility” means any person engaged in the generation, transmission or distribution of electricity.

(f) “Warning sign” means a weather-resistant sign of not less than seven (7) inches by ten (10) inches reading as follows: “DANGER-UNLAWFUL TO OPERATE THIS EQUIPMENT NEARER THAN 10 FEET TO HIGH VOLTAGE OVERHEAD LINES.”
Miss. Code Ann. § 45-35-15 — MS Code / Title 45 / Chapter 15 / Section 35-15
Miss. Code Ann. § 45-35-15
Status: in_force

No public entity or public official shall be liable for any loss or injury resulting directly or indirectly from false or inaccurate information contained in an identification card issued pursuant to this article.
Miss. Code Ann. § 45-15-15 — MS Code / Title 45 / Chapter 6 / Section 15-15
Miss. Code Ann. § 45-15-15
Status: in_force

Each section of this chapter, and every part of each section, is hereby declared to be independent, and any court holding that any section or part thereof as void, ineffective or unconstitutional for any cause, shall not affect the other sections or parts thereof, and it is now declared that the other sections or parts of sections would have been enacted regardless of any section or parts of sections which might be held unconstitutional, inoperative or ineffective.
Miss. Code Ann. § 45-45-29 — MS Code / Title 45 / Chapter 15 / Section 45-29
Miss. Code Ann. § 45-45-29
Status: in_force

Any owner or lessee who shall violate any of the provisions of this chapter, upon conviction thereof, shall be fined in an amount not to exceed One Thousand Five Hundred Dollars ($1,500.00).
Miss. Code Ann. § 45-21-17 — MS Code / Title 45 / Chapter 3 / Section 21-17
Miss. Code Ann. § 45-21-17
Status: in_force

Upon notification by the county board of health that the holder of a permit for such event has not substantially complied, within twenty-four (24) hours of the commencement of such event 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, the sheriff of such county shall thereupon revoke such permit.
Miss. Code Ann. § 45-11-203 — MS Code / Title 45 / Chapter 2 / Section 11-203
Miss. Code Ann. § 45-11-203
Status: in_force

(1) After January 1, 1991, no person shall be employed as a full-time fire fighter by any local government fire fighting unit for a period exceeding one (1) year, nor for a cumulative time exceeding two thousand eight hundred (2,800) compensated hours, unless that person is certified as completing the mandatory training requirements in subsection (2). Any state agency or political subdivision that employs a person as a fire fighter who does not meet the requirements of subsection (2) of this section is prohibited from paying the salary of such person, and any person violating this subsection shall be personally liable for making such payment. The Mississippi Fire Personnel Minimum Standards and Certification Board may grant an extension to individuals employed within the guidelines as established by the board not to exceed an additional year. Fire fighters serving as full-time employees prior to January 1, 1991, in a local fire fighting unit shall not be required to meet the minimum requirements in subsection (2).

(2) The uniform training standards for all paid fire fighters shall consist of satisfactory completion of a training program administered by the State Fire Academy or local governments that have the proper facilities and have been certified by the Mississippi Fire Personnel Minimum Standards and Certification Board which shall utilize National Fire Protection Association fire service professional qualification standards.
Miss. Code Ann. § 45-13-103 — MS Code / Title 45 / Chapter 3 / Section 13-103
Miss. Code Ann. § 45-13-103
Status: in_force

Every seller of dynamite, nitroglycerine, explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, detonators or other similar explosives shall report any sale, transfer of title, or removal to the sheriff of the county where such transfer or removal took place within twenty-four (24) hours on forms to be provided. Should the sale, transfer of title of removal of explosives be within a municipality, then a report shall also be made within twenty-four (24) hours to the chief of police on forms to be provided. The governing authorities of municipalities shall have the power to adopt ordinances for the further regulation and control of dynamite, nitroglycerine and similar explosives.
Miss. Code Ann. § 45-15-13 — MS Code / Title 45 / Chapter 3 / Section 15-13
Miss. Code Ann. § 45-15-13
Status: in_force

(1) Any person who knowingly violates this chapter may be subject to a civil penalty in an amount not to exceed Five Thousand Dollars ($5,000.00) to be imposed by a court of competent jurisdiction against said person and such penalty shall be deposited in the General Fund.

(2) There is hereby created a right of action on behalf of any electric utility which is required to pay any sum for injury or death of any person resulting from contact with a high voltage overhead line against any person whose negligence is a proximate contributing cause of such injury or death for that portion of any non-agreed judgment for damages rendered against and paid by the electric utility and attributable to the negligence of such person, however, the electric utility may not recover any portion of such sum which is attributable to its own negligence. The right of action created hereby shall not be available against persons who comply with the provisions of this chapter, and violations of this chapter shall not be considered negligence per se but may be considered as evidence of negligence.

(3) Nothing contained in this chapter shall be construed to alter, amend, restrict or limit the liability of persons as defined herein for violation of his duty under current law to use a high degree of care in the construction, maintenance and supply of electricity; nor shall any person be relieved from liability as a result of violations of standards under existing law regarding the construction, maintenance and supply of electricity, where such failure to use a high degree of care or violations of existing standards are found to be a cause of damage to property, personal injury or death.

(4) Other than an electric utility filing a claim under this chapter, nothing contained herein shall be construed to alter, amend or expand in any way the provisions of Section 71-3-9, Mississippi Code of 1972 , as to an employee, his legal representative, husband or wife, parents, dependents, next of kin or anyone otherwise entitled to recover damages at common law or otherwise from such employer on account of such injury or death.

(5) Nothing contained herein shall be considered as a waiver of immunity in whole or in part as to any governmental entity or construed to alter, amend, restrict or limit in any way the protections provided in Sections 11-46-1 et seq., Mississippi Code of 1972 .

(6) The provisions contained in this chapter do not apply to construction, reconstruction, operation or maintenance by an authorized person of overhead electrical or communication circuits or conductors and their supporting structures or electrical generating, transmission or distribution systems or communication systems.
Miss. Code Ann. § 45-38-5 — MS Code / Title 45 / Chapter 23 / 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. § 45-43-23 — MS Code / Title 45 / Chapter 15 / Section 43-23
Miss. Code Ann. § 45-43-23
Status: in_force

(1) A tenant of an owner of a multiunit rental complex, a member of a property owners association, a governmental entity, or any other person or the person's representative may maintain an action against the owner or property owners association for failure to comply with the requirements of this chapter. In that action, the person may obtain:

(a) A court order directing the owner or property owners association to comply with this chapter;

(b) A judgment against the owner or property owners association for actual damages resulting from the failure to comply with the requirements of this chapter;

(c) A judgment against the owner or property owners association for attorney's fees if the actual damages to the person were caused by the owner's or property owners association's intentional, malicious or grossly negligent actions; or

(d) A judgment against the owner or property owners association for a civil penalty of not more than Five Thousand Dollars ($5,000.00) if the owner or property owners association fails to comply with this chapter within a reasonable time after written notice by a tenant of the multiunit rental complex or a member of the property owners association; the court may award reasonable attorney's fees and costs to the prevailing party in an action brought under this subsection (1)(d).

(2) The Attorney General, a local health department, a municipality, or a county having jurisdiction may enforce this chapter by any lawful means, including inspections, permits, fees, civil fines, criminal prosecutions, injunctions, and after required notice, governmental construction or repair of pool yard enclosures that do not exist or that do not comply with this chapter.
Miss. Code Ann. § 45-23-41 — MS Code / Title 45 / Chapter 15 / 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. § 45-33-32 — MS Code / Title 45 / Chapter 3 / Section 33-32
Miss. Code Ann. § 45-33-32
Status: in_force

(1) A person convicted of a sex offense who volunteers for an organization in which volunteers have direct, private and unsupervised contact with minors under the age of eighteen (18) shall notify the organization of the person's conviction at the time of volunteering. Such notification must be in writing to the organization. Any organization which accepts volunteers must notify volunteers of this disclosure requirement upon application of the volunteer to serve or prior to acceptance of any of the volunteer's service, whichever occurs first.

(2) If the organization, after notification by the offender as provided in subsection (1), accepts the offender as a volunteer, the organization shall make reasonable attempts to notify the parents or guardians of any minors under the age of eighteen (18) involved in the organization of the offender's criminal record.

(3) This section applies to all registered sex offenders regardless of the date of conviction.

(4) Any person previously registered as a sex offender and who has a continuing obligation to be registered as a sex offender shall be notified of the person's duty under this section with the first reregistration form to be sent to the person after July 1, 2004.

(5) If the registered sex offender is currently volunteering for such an organization, the sex offender must resign or notify the organization immediately upon receipt of notice or be subject to the penalties of this chapter.

(6) An organization acting in good faith in making the notification to parents or guardians under this section, or who fails in good faith to make such notification, shall not be liable in any civil or criminal action as a result of the notification or failure to notify.
Miss. Code Ann. § 45-41-1 — MS Code / Title 45 / Chapter 27 / Section 41-1
Miss. Code Ann. § 45-41-1
Status: in_force

(1) This section shall be known and cited as the “Mississippi Silver Alert System Act of 2010.”

(2) The Legislature finds that:

(a) Wandering is a common behavior among those persons with dementia or other cognitive impairments that causes great concern for the families and caregivers of this state;

(b) This state is not currently equipped with the systems necessary to locate those with dementia or other cognitive impairments in a timely manner, with the unfortunate result that some individuals are never returned home to their families; and

(c) It is imperative that this state develop a plan to ensure that if an individual with dementia or other cognitive impairments is missing, the appropriate infrastructure is available and can be easily and timely activated to protect the health and safety of these vulnerable citizens.

(3) When used in this section, unless the context requires a different definition, the following terms shall have the following meanings:

(a) “ E911 ” means Enhanced Universal Emergency Number Service or Enhanced 911 Service, which is a telephone exchange communications service by which a Public Safety Answering Point designated by the county or local communication district may receive telephone calls dialed to the telephone number 911.

(b) “ First responders ” means state and local law enforcement personnel, fire department personnel, emergency medical personnel, emergency management personnel and public works personnel who may be deployed to bioterrorism attacks, terrorist attacks, catastrophic or natural disasters and emergencies.

(c) “ Originating local law enforcement agency ” means a local police or sheriff's office that has jurisdiction over the area where a person became missing.

(4)(a) The Bureau of Investigation of the Department of Public Safety shall implement a statewide “Silver Alert System” that has the purpose of providing a tiered, rapid response system to notify the public about missing endangered adults, who are age 18 or older, with dementia or other cognitive impairments. The initial response may be local, statewide or national based on available information about the missing person.

(b) A Silver Alert activation request may be made only by a law enforcement agency, and the Bureau of Investigation of the Department of Public Safety may only activate a Silver Alert after a request is made.

(c) To activate a Silver Alert, all of the following criteria must be met:

(i) The missing adult, age 18 or older, is believed to have dementia or other cognitive impairments;

(ii) The person is believed to be missing and in imminent danger regardless of circumstance;

(iii) The family, legal caregiver or custodian of the missing person has submitted a missing person's report to the local law enforcement agency in the jurisdiction where the person became missing, with all waiting periods being waived; and

(iv) The law enforcement agency that has jurisdiction of where the person became missing reports the incident to the Bureau of Investigation of the Department of Public Safety through the Mississippi Highway Patrol Headquarters Communication Center.

(d) To initiate a request to activate a Silver Alert, the family, legal caregiver or custodian of the missing person must file immediately a report of the missing person with the local law enforcement agency where the person became missing that includes the following information:

(i) A description of the missing person including physical characteristics, clothing and photos, if available;

(ii) A description of the known circumstances under which the person became missing including the time, place, direction, possible destinations, whether the person is walking or in a vehicle, and all other pertinent information concerning where the person may have become missing; and

(iii) Updates on the missing person as new information becomes available.

(e) The originating local law enforcement agency, after completing the investigation expeditiously and determining that the case meets the qualifying criteria prescribed in this section, shall:

(i) Waive in the case of a Silver Alert, any waiting periods for a missing person's report in order to galvanize the appropriate communities rapidly to assist in the search for and the safe recovery of the missing person;

(ii) Notify the Mississippi Highway Patrol Headquarters Communication Center and electronically send to the center the completed Silver Alert forms and available photos, signed by the police chief, sheriff, commanding officer or his or her designee;

(iii) Enter the information into the National Crime Information Center (NCIC);

(iv) Using a tiered approach based on known circumstances, initiate an alert bulletin to all local law enforcement, E911 and first responder agencies to search the immediate area;

(v) Activate secondary alert systems to residents, businesses, and broadcast media in the immediate area;

(vi) Provide a twenty-four-hour phone number to receive calls while continuing the investigation; and

(vii) Update the family, legal caregiver or custodian of the missing person as new information becomes available.

(5)(a) After the Bureau of Investigation of the Department of Public Safety has been contacted by a local law enforcement agency requesting a Silver Alert activation, the Criminal Information Center shall consider before the activation of the Silver Alert procedures by the Silver Alert coordinator, or his or her designee, the information contained in the initial Silver Alert report form to ensure that it meets all criteria specified in subsection (4)(c) of this section. Elements of the missing person case to be considered are:

(i) Threat of imminent harm or death to the missing person because of age, health, mental or physical disability, environmental or weather conditions;

(ii) Time of initial report in relation to the time of disappearance, including whether the disappearance is unexplained, involuntary or is under suspicious circumstances;

(iii) Believed to be walking or in a vehicle;

(iv) Witness information;

(v) Possible domestic dispute involving the missing person; and

(vi) Other facts that indicate the missing person is in danger of serious injury or death, including whether there is possible criminal intent toward the missing person or whether someone witnessed the disappearance.

(b) Each case shall be reviewed on its own merits, and if there are extenuating circumstances, the required criteria in this section may be amended or expanded depending on the merits presented.

(c) Only the Silver Alert coordinator, or his or her designee, may authorize activation of a statewide Silver Alert and if an activation is authorized, the Criminal Information Center shall:

(i) Prepare an announcement concerning the missing person;

(ii) Contact the designated media stations to activate the alert; and

(iii) Request the Mississippi Department of Transportation to activate electronic signs, if appropriate.

(d) If the missing person is believed to be in a vehicle, the Silver Alert coordinator shall send information and available photos via emails and fax to the statewide communications systems, news media and other forms of public communication or electronic resources.

(6)(a) Following the initial alert, a Silver Alert broadcast shall be updated by television and radio stations as necessary until such time that an end of alert message is received from the law enforcement agency that requested the initial Silver Alert.

(b) Local and statewide broadcast stations shall exercise their own independent discretions as to whether to repeat the required broadcasts prescribed in this section more frequently and shall determine the frequency in which the alert is re-broadcast following the initial alert.

(c) The Silver Alert termination notification shall be issued twenty-four (24) hours after the airing of the latest and most current information or when the case has been resolved and verification from the originating local law enforcement agency has been received by the Department of Public Safety.

(7)(a) If the circumstances of a person's disappearance do not meet the criteria for a Silver Alert to activate statewide communication systems, in addition to a local law enforcement agency activating a Purple Alert, the Bureau of Investigation of the Department of Public Safety may offer an alternate form of mass notification as provided in this section.

(b) The alternate form of mass notification may be an email that includes a photograph and the Silver Alert initial reporting form that is sent through a statewide network of law enforcement and first responder agencies, news media offices and other forms of public communication.

(c) The email authorized in paragraph (b) of this subsection (7) shall contain information taken from the Silver Alert initial reporting form that is submitted by the originating local law enforcement agency.

(d) The email alerting news media and law enforcement agencies of a person's disappearance that does not meet the criteria of a Silver Alert activation shall include the following paragraph at the beginning of the email:

“The (name of law enforcement agency) has requested the following information be provided to the Mississippi news media and law enforcement agencies: At the present time, information being provided to the Mississippi Department of Public Safety by the (name of law enforcement agency) does not meet the criteria to activate a Silver Alert. It is left to the discretion of each law enforcement agency and news department receiving this email as to whether the attached information, regarding the disappearance of this person and/or the photograph of this person, will be released to the public.”

(e) If further investigation into the disappearance produces evidence that may change the initial circumstances as reported to local law enforcement, the Department of Public Safety may reconsider activating a Silver Alert notwithstanding the existence of an active Purple Alert previously initiated by a local law enforcement agency.
Miss. Code Ann. § 45-45-9 — MS Code / Title 45 / Chapter 7 / Section 45-9
Miss. Code Ann. § 45-45-9
Status: in_force

For purposes of this chapter, the following terms are defined as follows, unless the context clearly indicates otherwise:

(a) “ Administrator ” means the person or persons designated by the Commissioner of Insurance.

(b) “ ANSI ” means the American National Standards Institute.

(c) “ ASCE ” means the American Society of Civil Engineers.

(d) “ ASCE 21 ” means the American Society of Civil Engineers Automated People Mover Standards.

(e) “ ASME ” means the American Society of Mechanical Engineers.

(f) “ ASME A17.1/CSA B44 ” means the Safety Code for Elevators and Escalators, an American National Standard.

(g) “ ASME A17.3 ” means the Safety Code for Existing Elevators and Escalators, an American National Standard.

(h) “ ASME A17.7/CSA B44.7 ” means the Performance-Based Safety Code for Elevators and Escalators, an American National Standard.

(i) “ ASME A18.1 ” means the Safety Standard for Platform Lifts and Stairway Chairlifts, an American National Standard.

(j) “ Automated people mover ” means an installation defined as an “automated people mover” in ASCE 21.

(k) “ Certificate of Operation ” means a document that indicates that the conveyance has had the safety inspection and tests required by this chapter.

(l) “ Commissioner ” means Commissioner of Insurance.

(m) “ Conveyance ” means any elevator, dumbwaiter, escalator, moving sidewalk, platform lift, stairway chairlift or automated people mover.

(n) “ Elevator ” means an installation defined as an “elevator” in ASME A17.1/CSA B44.

(o) “ Elevator contractor ” means any sole proprietor, firm, corporation or other business entity engaged in the business of erecting, constructing, installing, altering, servicing, repairing or maintaining elevators and other conveyances.

(p) “ Elevator helper or apprentice ” means a person who works under the general direction of a licensed elevator mechanic.

(q) “ Elevator inspector ” means any person who specializes in the design, testing and maintenance inspection of elevators and other conveyances.

(r) “ Elevator mechanic ” means any person who is engaged in erecting, constructing, installing, altering, servicing, repairing, testing or maintaining elevators or other conveyances. For the purposes of this chapter, a certified elevator technician is considered an elevator mechanic.

(s) “ Escalator ” means an installation defined as an “escalator” in ASME A17.1/CSA B44.

(t) “ Existing installation ” means an installation defined as an “installation, existing” in ASME A17.1/CSA B44.

(u) “ License ” means a written license issued under this chapter.

(v) “ Licensee ” means the elevator mechanic, elevator contractor or elevator inspector who possesses a license issued under this chapter.

(w) “ Limited Elevator Contractor ” means any sole proprietor, firm or company who employs individuals to carry on a business of erecting, constructing, installing, altering, servicing, repairing, or maintaining platform lifts and stairway chairlifts within any building or structure.

(x) “ Limited Elevator Mechanic ” means any person who is engaged in erecting, constructing, installing, altering, servicing, repairing or maintaining platform lifts and stairway chairlifts.

(y) “ Moving walk ” or “ moving sidewalk ” means an installation defined as a “moving walk” in ASME A17.1/CSA B44.
Miss. Code Ann. § 45-27-9 — MS Code / Title 45 / Chapter 6 / Section 27-9
Miss. Code Ann. § 45-27-9
Status: in_force

(1) All criminal justice agencies within the state shall submit to the center an arrest card that will transmit fingerprints, descriptions, photographs (when specifically requested), and other identifying data on persons who have been lawfully arrested or taken into custody in this state for all felonies and misdemeanors as described in Section 45-27-7(2)(a) . It shall be the duty of all chiefs of police, sheriffs, district attorneys, courts, court clerks, judges, parole and probation officers, wardens or other persons in charge of correctional institutions in this state to furnish the center with all data required by the rules duly promulgated under the Administrative Procedures Act to carry out its responsibilities under this chapter, and the duty of courts and court clerks to submit a disposition form for every disposition. It shall be the duty of all criminal justice agencies within the state to supply the prosecutor and the proper court with the disposition form that is attached to the physical arrest card if fingerprints were taken manually or, if fingerprints were captured digitally, the disposition form generated by the electronic fingerprint device at the time of the arrest. The PEER committee may conduct random review of the records of any agency or clerks referenced in this subsection (1) to determine whether the duties of such agencies and clerks are being fulfilled in a timely manner. The PEER committee, based on its findings, if any, shall recommend measures to ensure that the duties are more effectively carried out in a timely manner.

(2)(a) All persons in charge of law enforcement agencies shall obtain, or cause to be obtained, fingerprints according to the fingerprint system of identification established by the Director of the Federal Bureau of Investigation, full face and profile photographs (if equipment is available) and other available identifying data, of each person arrested or taken into custody for an offense of a type designated in subsection (1) of this section, of all persons arrested or taken into custody as fugitives from justice and of all unidentified human corpses in their jurisdictions, but photographs need not be taken if it is known that photographs of the type listed, taken within the previous year, are on file. Any record taken in connection with any person arrested or taken into custody and subsequently released without charge or cleared of the offense through court proceedings shall be purged from the files of the center and destroyed upon receipt by the center of a lawful expunction order. All persons in charge of law enforcement agencies shall submit to the center detailed descriptions of arrests or takings into custody which result in release without charge or subsequent exoneration from criminal liability within twenty-four (24) hours of the release or exoneration.

(b) The center will work to secure grant funds to purchase live scan equipment to be utilized throughout the state. All law enforcement agencies shall utilize any live scan equipment provided by the center to ensure the most accurate collection of fingerprints. The center shall coordinate the use of the equipment with federal, state, county and municipal law enforcement agencies.

(3) Fingerprints and other identifying data required to be taken under subsection (2) shall be forwarded within twenty-four (24) hours after taking for filing and classification, but the period of twenty-four (24) hours may be extended to cover any intervening holiday or weekend. Photographs taken shall be forwarded at the discretion of the agency concerned, but, if not forwarded, the fingerprint record shall be marked “Photo Available” and the photographs shall be forwarded subsequently if the center so requests.

(4) All persons in charge of law enforcement agencies shall submit to the center detailed descriptions of arrest warrants and related identifying data immediately upon determination of the fact that the warrant cannot be served for the reasons stated. If the warrant is subsequently served or withdrawn, the law enforcement agency concerned must immediately notify the center of the service or withdrawal. Also, the agency concerned must annually, no later than January 31 of each year and at other times if requested by the center, confirm all arrest warrants which continue to be outstanding. Upon receipt of a lawful expunction order, the center shall purge and destroy files of all data relating to an offense when an individual is subsequently exonerated from criminal liability of that offense. The center shall not be liable for the failure to purge, destroy or expunge any records if an agency or court fails to forward to the center proper documentation ordering the action.

(5) All persons in charge of state correctional institutions shall obtain fingerprints, according to the fingerprint system of identification established by the Director of the Federal Bureau of Investigation or as otherwise directed by the center, and full face and profile photographs of all persons received on commitment to the institutions. The prints so taken shall be forwarded to the center, together with any other identifying data requested, within ten (10) days after the arrival at the institution of the person committed. At the time of release, the institution will again obtain fingerprints, as before, and forward them to the center within ten (10) days, along with any other related information requested by the center. The institution shall notify the center immediately upon the release of the person.

(6) All persons in charge of law enforcement agencies, all court clerks, all municipal justices where they have no clerks, all justice court judges and all persons in charge of state and county probation and parole offices, shall supply the center with the information described in subsections (4) and (10) of this section on the basis of the forms and instructions for the disposition form to be supplied by the center.

(7) All persons in charge of law enforcement agencies in this state shall furnish the center with any other identifying data required in accordance with guidelines established by the center. All law enforcement agencies and correctional institutions in this state having criminal identification files shall cooperate in providing the center with copies of the items in the files which will aid in establishing the nucleus of the state criminal identification file.

(8) All law enforcement agencies within the state shall report to the center, in a manner prescribed by the center, all persons wanted by and all vehicles and identifiable property stolen from their jurisdictions. The report shall be made as soon as is practical after the investigating department or agency either ascertains that a vehicle or identifiable property has been stolen or obtains a warrant for an individual's arrest or determines that there are reasonable grounds to believe that the individual has committed a crime. The report shall be made within a reasonable time period following the reporting department's or agency's determination that it has grounds to believe that a vehicle or property was stolen or that the wanted person should be arrested.

(9) All law enforcement agencies in the state shall immediately notify the center if at any time after making a report as required by subsection (8) of this section it is determined by the reporting department or agency that a person is no longer wanted or that a vehicle or property stolen has been recovered. Furthermore, if the agency making the apprehension or recovery is not the one which made the original report, then it shall immediately notify the originating agency of the full particulars relating to the apprehension or recovery using methods prescribed by the center.

(10) All law enforcement agencies in the state and clerks of the various courts shall promptly report to the center all instances where records of convictions of criminals are ordered expunged by courts of this state as now provided by law. The center shall promptly expunge from the files of the center and destroy all records pertaining to any convictions that are ordered expunged by the courts of this state as provided by law.

(11) The center shall not be held liable for the failure to purge, destroy or expunge records if an agency or court fails to forward to the center proper documentation ordering the action.

(12) Any criminal justice department or agency making an expenditure in excess of Five Thousand Dollars ($5,000.00) in any calendar year on software or programming upgrades concerning a computerized records management system or jail management system shall ensure that the new or upgraded system is formatted to Department of Justice approved XML format and that no impediments to data sharing with other agencies or departments exist in the software programming.

(13)(a) All law enforcement agencies within the state shall:

(i) Implement an incident-based reporting system within the agency or department that meets the reporting requirements of the National Incident-Based Reporting System (NIBRS) of the Uniform Crime Reporting Program of the Federal Bureau of Investigation;

(ii) Use the system described by subparagraph (i) to submit to the center information and statistics concerning criminal offenses committed in the jurisdiction of the local law enforcement agency, in a manner prescribed by the center; and

(iii) Report the information as soon as is practicable after the investigating agency or department ascertains that a qualifying crime has been committed in its jurisdiction, once the state-level NIBRS Repository is available.

(b) No later than December 31, 2025, state and local law enforcement agencies shall be compliant with all regulations promulgated by the Department of Public Safety's Criminal Information Center (CIC), with consultation with the President of the Sheriffs Association and Mississippi Association of Chiefs of Police with regard to the National Incident-Based Reporting System (NIBRS) of the Uniform Crime Reporting Program of the Federal Bureau of Investigation.
Miss. Code Ann. § 45-33-35 — MS Code / Title 45 / Chapter 11 / Section 33-35
Miss. Code Ann. § 45-33-35
Status: in_force

(1) The Mississippi Department of Public Safety shall maintain a central registry of sex offender information as defined in Section 45-33-25 and shall adopt rules and regulations necessary to carry out this section. The responsible agencies shall provide the information required in Section 45-33-25 on a form developed by the department to ensure accurate information is maintained.

(2) Upon conviction, adjudication or acquittal by reason of insanity of any sex offender, if the sex offender is not immediately confined or not sentenced to a term of imprisonment, the clerk of the court which convicted and sentenced the sex offender shall inform the person of the duty to register, including the duty 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, and shall perform the registration duties as described in Section 45-33-23 and forward the information to the department.

(3) Before release from prison or placement on parole, supervised release or in a work center or restitution center, the Department of Corrections shall inform the person of the duty to register, including the duty 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, and shall perform the registration duties as described in Section 45-33-23 and forward the information to the Department of Public Safety.

(4) Before release from a community regional mental health center or from confinement in a mental institution following an acquittal by reason of insanity, the director of the facility shall inform the offender of the duty to register, including the duty 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, and shall perform the registration duties as described in Section 45-33-23 and forward the information to the Department of Public Safety.

(5) Before release from a youthful offender facility, the director of the facility shall inform the person of the duty to register, including the duty 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, and shall perform the registration duties as described in Section 45-33-23 and forward the information to the Department of Public Safety.

(6) In addition to performing the registration duties, the responsible agency shall:

(a) Inform the person having a duty to register that:

(i) The person 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, at least ten (10) days before changing address.

(ii) Any change of address to another jurisdiction shall be reported to the department by personally appearing 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 the change of address. The offender shall comply with any registration requirement in the new jurisdiction.

(iii) The person must register in any jurisdiction where the person is employed, carries on a vocation, is stationed in the military or is a student.

(iv) Address verifications shall be made by personally appearing 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 the required time period.

(v) Notification or verification of a change in 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 shall be reported to the department by personally appearing 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.

(vi) If the person has been convicted of a sex offense, the person shall notify any organization for which the person volunteers in which volunteers have direct, private or unsupervised contact with minors that the person has been convicted of a sex offense as provided in Section 45-33-32(1) .

(vii) Upon any change of name or employment, 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.

(viii) 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.

(ix) 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.

(x) Upon any change of information deemed 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.

(b) Require the person to read and sign a form stating that the duty of the person to register under this chapter has been explained.

(c) Obtain or facilitate the obtaining of a biological sample from every registrant as required by this chapter if such biological sample has not already been provided to the Mississippi Forensics Laboratory.

(d) Provide a copy of the order of conviction or sentencing order to the department at the time of registration.
Miss. Code Ann. § 45-11-47 — MS Code / Title 45 / Chapter 6 / Section 11-47
Miss. Code Ann. § 45-11-47
Status: in_force

(1) It shall be the duty of the owner and operator of any public restaurant, cafe, night club, or eating place or place of public amusement to provide proper exits for the use of patrons in the event of fire in same. Doors to all restaurants, cafes, night clubs, or other public eating places or places of public amusement shall open to the outside of the building, where the seating capacity is over fifty (50) seats. Every room, gallery, tier or other space having a capacity of one hundred (100) or more shall have not less than two (2) exit doorways. In every establishment that accommodates three hundred (300) or more persons, each room, gallery, tier or other space where such assembly occurs, shall have exit ways to the outside as follows:

Not less than two (2) exit ways when six hundred (600) persons or less are accommodated in such room, gallery, tier or other space; and

Not less than three (3) exit ways when more than six hundred (600), but not more than one thousand (1,000) persons, are accommodated; and

Not less than four (4) exit ways when more than one thousand (1,000) persons are accommodated.

(2) Any restaurant, cafe, night club or other public eating place or place of public amusement, consisting of two (2) or more stories or floors, or any restaurant, cafe, night club, or public eating place or place of public amusement, being situated above or higher than the ground floor of any building, when such upper or higher floor has a seating capacity for fifty (50) or more persons, shall provide at least two (2) stairways located as far apart as practical for the use of patrons in the event of fire in said building. At least one (1) of the two (2) stairways shall lead directly to the outside of such building or assembly room, and shall not lead into or through the lobby or any other place through which persons come from other parts of the building or will have to pass in making emergency exits.

(3) Any owner of any restaurant, cafe, night club, or public eating place failing or refusing to comply with the provisions of this section shall be guilty of a misdemeanor, and shall, upon conviction, be punished by imprisonment in the county jail not more than ninety (90) days, or by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
Miss. Code Ann. § 45-34-1 — MS Code / Title 45 / Chapter 6 / Section 34-1
Miss. Code Ann. § 45-34-1
Status: in_force

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

(a) “ Conviction ” means a judgment entered by a Mississippi court upon a plea of guilty, a plea of nolo contendere, or a finding of guilt by a jury or the court, notwithstanding any pending appeal or habeas corpus proceeding arising from the judgment. “ Conviction ” includes a disposition by nonadjudication under Section 99-15-26 .

(b) “ Department ” means the Department of Public Safety.

(c) “ Offender ” means a person convicted of a registrable offense.

(d) “ Registrable offense ” means a crime chargeable under Sections 97-7-10 , 97-11-25 through 97-11-31 , 97-15-3 , 97-15-5 , 97-11-11 , 97-11-13 , 97-11-53 , 97-13-1 , 97-13-3 , or any crime that involves the embezzlement or misappropriation of public funds as determined by the circuit court in its sentencing order upon conviction.

(e) “ Registrant ” means a person who is registered in compliance with this chapter.
Miss. Code Ann. § 45-35-11 — MS Code / Title 45 / Chapter 5 / 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. § 45-11-8 — MS Code / Title 45 / Chapter 3 / 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. § 45-43-19 — MS Code / Title 45 / Chapter 13 / 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. § 45-39-7 — MS Code / Title 45 / Chapter 35 / 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.