Miss. Code Ann. § 45-33-35 — MS Code / Title 45 / Chapter 3 / 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. § 45-21-1 — MS Code / Title 45 / Chapter 11 / Section 21-1
Miss. Code Ann. § 45-21-1
Status: in_force

For the purposes of this chapter, the terms “rock festival” and “such event” mean, unless the context clearly indicates a different meaning, an actual, or a reasonably foreseeable, assembly of one thousand (1,000) or more people which does or did continue, or can reasonably be expected to continue, for a period of eighteen (18) or more consecutive hours upon private property which does not contain an established place of worship and at which the principal source of entertainment is, was or will be musical in nature.
Miss. Code Ann. § 45-14-3 — MS Code / Title 45 / Chapter 10 / Section 14-3
Miss. Code Ann. § 45-14-3
Status: in_force

It is the policy of the State of Mississippi in furtherance of its responsibility to protect the public health and safety:

(a) To institute and maintain a program to permit development and utilization of sources of radiation for purposes consistent with the health and safety of the public, and

(b) To prevent and/or reduce associated harmful effects of radiation upon the public through the institution and maintenance of a regulatory program for all sources of radiation; providing for: (1) a single, effective system of regulation within the state; (2) a system consonant insofar as possible with those of other states, and (3) compatibility with the standards and regulatory programs of the federal government for by-product, source, special nuclear materials, other radioactive materials and other sources of radiation.
Miss. Code Ann. § 45-43-17 — MS Code / Title 45 / Chapter 3 / 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. § 45-7-47 — MS Code / Title 45 / Chapter 2 / Section 7-47
Miss. Code Ann. § 45-7-47
Status: in_force

The power and authority granted in Sections 45-7-41 through 45-7-45 shall be additional and supplemental to Sections 45-7-1 and 45-7-5 .
Miss. Code Ann. § 45-23-21 — MS Code / Title 45 / Chapter 6 / Section 23-21
Miss. Code Ann. § 45-23-21
Status: in_force

The board:

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

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

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

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

(iii) Such special inspectors shall inspect all boilers and pressure vessels insured or all boilers and/or pressure vessels operated by their respective companies, and when so inspected the owners and users of such boilers and pressure vessels shall be exempt from payment to the state of inspection fees provided for in Section 43-23-53 .
Miss. Code Ann. § 45-11-301 — MS Code / Title 45 / Chapter 7 / Section 11-301
Miss. Code Ann. § 45-11-301
Status: in_force

(1) The owner of any building located in the State of Mississippi with a floor or ceiling constructed with truss construction must attach to the building an emblem that identifies the building as having truss construction. The emblem shall:

(a) Be permanently affixed to the left of the main entrance door at a height between four (4) feet and six (6) feet above the ground;

(b) Be of a bright and reflective color or made of a reflective material;

(c) Be in the shape of an isosceles triangle measuring six (6) inches horizontally and three (3) inches vertically;

(d) Have conspicuously printed on it the following letters, as appropriate, based on the type of truss construction used in the building being identified by the emblem:

(i) “F” to signify a floor with truss construction;

(ii) “R” to signify a roof with truss construction; or

(iii) “F/R” to signify both a floor and roof with truss construction.

(2)(a) This section shall not apply to any building with truss construction that is a detached one- or two-family residential structure.

(b) This section shall not apply to any building constructed before July 1, 2010, unless such building undergoes expansion or remodeling on or after that date.

(3) For purposes of this section, the term “ truss ” shall mean structural members, such as boards, timbers, beams or steel bars, joined together in a rigid framework.

(4) The contractor who performs the construction, expansion or remodeling of any building on or after July 1, 2010, shall be responsible for the proper attachment of the truss construction emblem to the building.

(5) The State Fire Marshal may promulgate rules and regulations necessary for the implementation of this section.
Miss. Code Ann. § 45-14-7 — MS Code / Title 45 / Chapter 12 / Section 14-7
Miss. Code Ann. § 45-14-7
Status: in_force

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

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

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

(b) Assist in the formulation and approval of rules, regulations and standards relating to receipt, possession, use, transfer, ownership, acquisition, manufacture, production, transportation, handling, servicing, installation, storage, disposal, sale, lease or other disposition of sources of radiation as may be necessary to carry out the provisions of this chapter. The recommendation of nationally recognized bodies in the field of radiation protection shall be taken into consideration in the formulation of such rules, regulations and standards.
Miss. Code Ann. § 45-23-49 — MS Code / Title 45 / Chapter 9 / Section 23-49
Miss. Code Ann. § 45-23-49
Status: in_force

The board or its authorized representative may at any time suspend an inspection certificate when, upon a showing of due cause, the boiler or pressure vessel for which it was issued cannot be operated without menace to the public safety, or when the boiler or pressure vessel is found not to comply with the rules and regulations herein provided. Each suspension of an inspection certificate shall continue in effect until such boiler or pressure vessel shall have been made to conform to the rules and regulations of the board, and until said inspection certificate shall have been reinstated.
Miss. Code Ann. § 45-33-32 — MS Code / Title 45 / Chapter 14 / 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. § 45-11-7 — MS Code / Title 45 / Chapter 10 / Section 11-7
Miss. Code Ann. § 45-11-7
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(14) The State Fire Academy is designated as an authorized training program for Emergency Medical Response and Emergency Medical Technician, and is authorized to provide initial and national continued competency program training, including Emergency Medical Responder, Emergency Medical Technician-Basic and Emergency Medical Technician-Advanced. The State Fire Academy shall be limited to a total of one hundred twenty (120) students per year for Emergency Medical Technician-Basic and Emergency Medical Technician-Advanced training; however, no limitation shall apply to the number of Emergency Medical Responder students. The training program established by the State Fire Academy shall meet or exceed the requirements of the most current training program national standard curriculum as developed by the United States Department of Transportation, National Highway Traffic Safety Administration, and shall also meet the minimum testing and certification requirements established by the State Board of Health. Successful graduates of the State Fire Academy Emergency Medical Response and Emergency Medical Technician training shall be eligible for certification by the State Board of Health for the training level achieved, provided that their training meets or exceeds the minimum testing and certification requirements established by the State Board of Health for these respective skills, and such certification may be obtained in coordination with the State Board of Health pursuant to Chapters 59 and 60, Title 41, Mississippi Code of 1972 .
Miss. Code Ann. § 45-43-21 — MS Code / Title 45 / Chapter 21 / Section 43-21
Miss. Code Ann. § 45-43-21
Status: in_force

(1) Except as provided by subsection (2) of this section and Section 45-43-23 , a person who constructs or modifies a pool yard enclosure to conform with this chapter may not be required to construct the enclosure differently by a local governmental entity, common law or any other law.

(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 may, at the person's option, exceed the standards of this chapter or those adopted by the State Board of Health under Section 45-43-23 . A tenant or occupant in a multiunit rental complex and a member of a property owners association may, by express written agreement, require the owner of the complex or the association to exceed those standards.

(3) A municipality may continue to require greater overall height requirements for pool yard enclosures if the requirements exist under the municipality's ordinances on July 1, 2012.
Miss. Code Ann. § 45-5-15 — MS Code / Title 45 / Chapter 1 / Section 5-15
Miss. Code Ann. § 45-5-15
Status: in_force

The State Building Commission is authorized and directed to provide suitable land, either state owned or purchased for the purpose of this chapter or received as a gift, and buildings to house the law enforcement training academy, and payment for the construction costs of such buildings shall be made from any money made available to carry out the provisions of this chapter. Any funds appropriated or granted from any source shall be put in a fund in the office of the treasurer to be designated as the “law enforcement officers' training academy fund.”
Miss. Code Ann. § 45-23-41 — MS Code / Title 45 / Chapter 10 / 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. § 45-11-2 — MS Code / Title 45 / Chapter 6 / Section 11-2
Miss. Code Ann. § 45-11-2
Status: in_force

(1) The State Fire Marshall shall establish a registry of fire damage in all instances of fires causing Ten Thousand Dollars ($10,000.00) or more in property damage or in which any person is injured or loses his life.

(2) The registry so established shall be compiled and maintained in a manner whereby data may be retrieved by subject categories, including, but not limited to, the following:

(a) Geographic location;

(b) Damages in monetary terms;

(c) Insurer;

(d) Insured; and

(e) Tenant or resident.

(3) All insurance companies doing business in this state and all public agencies shall supply such information as may be demanded by the State Fire Marshall with respect to this section.

(4) The State Fire Marshall shall promulgate all rules necessary for the implementation of this section in accordance with the Administrative Procedures Act.
Miss. Code Ann. § 45-11-87 — MS Code / Title 45 / Chapter 4 / Section 11-87
Miss. Code Ann. § 45-11-87
Status: in_force

No liability under Sections 45-11-81 through 45-11-89 shall be created as to workmen who are employees of a contractor, subcontractor, or other employer responsible for compliance with Sections 45-11-81 through 45-11-89 .
Miss. Code Ann. § 45-34-7 — MS Code / Title 45 / Chapter 23 / Section 34-7
Miss. Code Ann. § 45-34-7
Status: in_force

Upon the entry of the order sentencing the offender to probation or parole or upon the date of release of the offender from the physical custody of the responsible agency, the responsible agency shall forward the department a copy of the conviction, sentencing order, name, sex and date of birth of the offender convicted of a registrable offense under this chapter.
Miss. Code Ann. § 45-45-7 — MS Code / Title 45 / Chapter 15 / Section 45-7
Miss. Code Ann. § 45-45-7
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

(k) Kip or furnace hoists;

(l) Wharf ramps;

(m) Railroad car lifts or dumpers;

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

(2) The provisions of this chapter shall not apply to any conveyance that is located in a private residence.
Miss. Code Ann. § 45-10-1 — MS Code / Title 45 / Chapter 3 / Section 10-1
Miss. Code Ann. § 45-10-1
Status: in_force

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

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

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

(c) Standard disposable and refillable lighters that are printed or decorated with logos, labels, decals or artwork, or heat shrinkable sleeves.
Miss. Code Ann. § 45-45-27 — MS Code / Title 45 / Chapter 11 / Section 45-27
Miss. Code Ann. § 45-45-27
Status: in_force

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

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

(b) All tests shall be performed by a licensed elevator mechanic.
Miss. Code Ann. § 45-27-21 — MS Code / Title 45 / Chapter 13 / Section 27-21
Miss. Code Ann. § 45-27-21
Status: in_force

A certified copy of every expunction and nonadjudication order shall be sent by the circuit clerk to the Mississippi Criminal Information Center where it shall be maintained in a separate confidential database accessible only upon written request by a district attorney, a county prosecuting attorney, a municipal court prosecuting attorney, the Attorney General of Mississippi and the Mississippi Law Enforcement Standards and Training Board. Any criminal conviction which has been expunged or nonadjudicated may be used for the purpose of determining habitual offender status and for the use of the Mississippi Law Enforcement Standards and Training Board in giving or retaining law enforcement certification, and to ensure that a person is only eligible for first-offender status one (1) time.
Miss. Code Ann. § 45-33-33 — MS Code / Title 45 / Chapter 7 / Section 33-33
Miss. Code Ann. § 45-33-33
Status: in_force

(1)(a) The failure of an offender 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, or to provide any registration or other information, including, but not limited to, initial registration, reregistration, change of address information, change of employment, change of name, required notification to a volunteer organization or any other registration duty or submission of information required by this chapter is a violation of this chapter. Additionally, forgery of information or submission of information under false pretenses, whether by the registrant or another person, is also a violation of this chapter.

(b) A person commits a violation of this chapter who:

(i) Knowingly harbors, or knowingly attempts to harbor, or knowingly assists another person in harboring or attempting to harbor a sex offender who is in violation of this chapter;

(ii) Knowingly assists a sex offender in eluding a law enforcement agency that is seeking to find the sex offender to question the sex offender about, or to arrest the sex offender for, noncompliance with the requirements of this chapter; or

(iii) Provides information to a law enforcement agency regarding a sex offender which the person knows to be false.

(c) A registrant who is required to submit to electronic monitoring who does not comply with all the terms and conditions of the electronic monitoring commits a violation of this chapter.

(2)(a) Unless otherwise specified, a violation of this chapter shall be considered a felony and shall be punishable by a fine of not more than Five Thousand Dollars ($5,000.00), imprisonment in the custody of the Department of Corrections for not more than five (5) years, or both fine and imprisonment.

(b) A person who is required to register under this chapter who is subsequently convicted for a registration violation under this section, upon release from incarceration, shall submit to mandatory electronic monitoring under the program established under Section 45-33-45 for a period computed by subtracting the time the person spent in actual incarceration from the five-year maximum imprisonment for the offense and the period of post-release monitoring shall not be suspended or reduced by the court or the Department of Corrections.

(3) Whenever it appears that an offender has failed to comply with the duty to register, reregister or submit to electronic monitoring, the department shall promptly notify the sheriff of the county of the last-known address of the offender as well as the sheriff of the county of the last-known location of the offender, if different. Upon notification, the sheriff shall attempt to locate the offender at his last-known address or last-known location.

(a) If the sheriff locates the offender, he shall enforce the provisions of this chapter, including initiation of prosecution if appropriate. The sheriff shall then notify the department with the current information regarding the offender.

(b) If the sheriff is unable to locate the offender, the sheriff shall promptly notify the department and initiate a criminal prosecution against the offender for the failure to register, reregister or comply with electronic monitoring. The sheriff shall make the appropriate transactions into the Federal Bureau of Investigation's wanted-person database and issue a warrant for the offender's arrest. The department shall notify the United States Marshals Service of the offender's noncompliant status and shall update the registry database and website to show the defendant's noncompliant status as an absconder.

(4) A violation of this chapter shall result in the arrest of the offender.

(5) Any prosecution for a violation of this section shall be brought by a prosecutor in the county of the violation.

(6) A person required to register under this chapter who commits any act or omission in violation of this chapter may be prosecuted for the act or omission in the county in which the act or omission was committed, the county of the last registered address of the sex offender, the county in which the conviction occurred for the offense or offenses that meet the criteria requiring the person to register, the county in which he was designated a sex offender, or the county in which the sex offender was found.

(7) The Commissioner of Public Safety or his authorized agent shall suspend the driver's license or driving privilege of any offender failing to comply with the duty to report, register or reregister, submit to monitoring, or who has provided false information.

(8) When a person required to register under this chapter is accused of any registration offense under this section, pretrial release on bond shall be conditioned on the offender's submission to electronic monitoring under the program established under Section 45-33-45 .
Miss. Code Ann. § 45-23-11 — MS Code / Title 45 / Chapter 4 / Section 23-11
Miss. Code Ann. § 45-23-11
Status: in_force

No boiler or pressure vessel which does not conform to the rules and regulations of the board governing new construction and installation shall be installed and operated in this state after twelve (12) months from the date upon which the first rules and regulations under this chapter pertaining to new construction and installation shall have become effective, unless the boiler or pressure vessel is of special design or construction and is not inconsistent with the spirit and safety objectives of such rules and regulations, in which case a special installation and operating permit may, at its discretion, be granted by the board.
Miss. Code Ann. § 45-43-21 — MS Code / Title 45 / Chapter 9 / Section 43-21
Miss. Code Ann. § 45-43-21
Status: in_force

(1) Except as provided by subsection (2) of this section and Section 45-43-23 , a person who constructs or modifies a pool yard enclosure to conform with this chapter may not be required to construct the enclosure differently by a local governmental entity, common law or any other law.

(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 may, at the person's option, exceed the standards of this chapter or those adopted by the State Board of Health under Section 45-43-23 . A tenant or occupant in a multiunit rental complex and a member of a property owners association may, by express written agreement, require the owner of the complex or the association to exceed those standards.

(3) A municipality may continue to require greater overall height requirements for pool yard enclosures if the requirements exist under the municipality's ordinances on July 1, 2012.
Miss. Code Ann. § 45-3-31 — MS Code / Title 45 / Chapter 2 / Section 3-31
Miss. Code Ann. § 45-3-31
Status: in_force

The commissioner is authorized to purchase (a) uniforms for the members of the highway safety patrol at a price not to exceed One Hundred Fifty Dollars ($150.00) each, (b) automobiles, motorcycles and other equipment necessary for the efficient operation of the highway safety patrol, but the number of passenger automobiles purchased, owned or operated by the highway safety patrol shall not exceed the number set forth in Section 25-1-85, Mississippi Code of 1972 , and (c) identification equipment in a sum of not more than Ten Thousand Dollars ($10,000.00). The commissioner is further authorized to purchase or lease necessary equipment for two-way radio sub and booster stations, and he may equip each of the patrol automobiles with sending and receiving radios, of a type to be selected by him, within the limits of any appropriation made therefor. The commissioner may trade in used equipment on the purchase of new equipment or other materials.

The commissioner shall allow and furnish to each patrolman at least two (2) complete uniforms per year. The commissioner shall keep all automobiles, motorcycles and other equipment in good state of repair and pay the expenses incident thereto, and he is authorized to pay the expenses of maintaining and operating necessary equipment for two-way radio sub and booster stations purchased or leased.
Miss. Code Ann. § 45-33-25 — MS Code / Title 45 / Chapter 11 / Section 33-25
Miss. Code Ann. § 45-33-25
Status: in_force

(1)(a) Any person having a permanent or temporary residence in this state or who is employed or attending school in this state who has been convicted of a registrable offense in this state or another jurisdiction or who has been acquitted by reason of insanity of a registrable offense in this state or another jurisdiction shall register with the responsible agency and the Mississippi Department of Public Safety. Registration shall not be required for an offense that is not a registrable sex offense or for an offender who is under fourteen (14) years of age. The department shall provide the initial registration information as well as every change of name, change of address, change of status at a school, or other change of information as required by the department to the sheriff of the county of the residence address of the registrant, the sheriff of the county of the employment address, and the sheriff of the county of the school address, if applicable, and any other jurisdiction of the registrant through either written notice, electronic or telephone transmissions, or online access to registration information. Further, the department shall provide this information to the Federal Bureau of Investigation. Additionally, upon notification by the registrant that he intends to reside outside the State of Mississippi, the department shall notify the appropriate state law enforcement agency of any state to which a registrant is moving or has moved.

(b) Any person having a permanent or temporary residence or who is employed or attending school in this state who has been adjudicated delinquent for a registrable sex offense listed in this paragraph that involved use of force against the victim shall register as a sex offender with the responsible agency and shall personally appear at a facility designated by the Mississippi 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 registering with the responsible agency:

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

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

(iii) Section 97-3-65 relating to statutory rape; or

(iv) Conspiracy to commit, accessory to the commission of, or attempt to commit any offense listed in this paragraph.

(2) Any person required to register under this chapter shall submit the following information at the time of registration:

(a) Name, including a former name which has been legally changed;

(b) Street address of all current permanent and temporary residences within state or out of state at which the sex offender resides or habitually lives, including dates of temporary lodgings. There is a presumption that a registrant owes a duty of updating registration information if the registrant remains away from a registered address for seven (7) or more aggregate days in a six (6) month period;

(c) Date, place and address of employment, including as a volunteer or unpaid intern or as a transient or day laborer;

(d) Crime for which charged, arrested or convicted;

(e) Date and place of conviction, adjudication or acquittal by reason of insanity;

(f) Aliases used or nicknames, ethnic or tribal names by which commonly known;

(g) Social security number and any purported social security number or numbers;

(h) Date and place of birth and any purported date and place of birth;

(i) Age, race, sex, height, weight, hair and eye colors, and any other physical description or identifying factors;

(j) A brief description of the offense or offenses for which the registration is required;

(k) Driver's license or state or other jurisdiction identification card number, which license or card may be electronically accessed by the Department of Public Safety;

(l) Anticipated future residence;

(m) If the registrant's residence is a motor vehicle, trailer, mobile home or manufactured home, the registrant shall also provide vehicle identification number, license tag number, registration number and a description, including color scheme, of the motor vehicle, trailer, mobile home or manufactured home; if the registrant's place of residence is a vessel or houseboat, the registrant shall also provide the hull identification number, manufacturer's serial number, name of the vessel or houseboat, registration number and a description, including color scheme, of the vessel or houseboat, including permanent or frequent locations where the motor vehicle, trailer, mobile home, manufactured home, vessel or houseboat is kept;

(n) Vehicle make, model, color and license tag number for all vehicles owned or operated by the sex offender, whether for work or personal use, and the permanent or frequent locations where a vehicle is kept;

(o) Offense history;

(p) Photograph;

(q) Fingerprints and palm prints;

(r) Documentation of any treatment received for any mental abnormality or personality disorder of the person;

(s) Biological sample;

(t) Name of any public or private educational institution, including any secondary school, trade or professional institution or institution of higher education at which the offender is employed, carries on a vocation (with or without compensation) or is enrolled as a student, or will be enrolled as a student, and the registrant's status;

(u) Copy of conviction or sentencing order for the sex offense for which registration is required;

(v) The offender's parole, probation or supervised release status and the existence of any outstanding arrest warrants;

(w) Every online identity, screen name or username used, registered or created by a registrant;

(x) Professional licensing information which authorizes the registrant to engage in an occupation or carry out a trade or occupation;

(y) Information from passport and immigration documents;

(z) All telephone numbers, including, but not limited to, permanent residence, temporary residence, cell phone and employment phone numbers, whether landlines or cell phones; and

(aa) Any other information deemed necessary.

(3) For purposes of this chapter, a person is considered to be residing in this state if he maintains a permanent or temporary residence as defined in Section 45-33-23 , including students, temporary employees and military personnel on assignment.

(4)(a) A person required to register under this chapter shall not reside within three thousand (3,000) feet of the real property comprising a public or nonpublic elementary or secondary school, a child care facility, a residential child-caring agency, a children's group care home or any playground, ballpark or other recreational facility utilized by persons under the age of eighteen (18) years.

(b) A person residing within three thousand (3,000) feet of the real property comprising a public or nonpublic elementary or secondary school or a child care facility does not commit a violation of this subsection if any of the following apply:

(i) The person is serving a sentence at a jail, prison, juvenile facility or other correctional institution or facility.

(ii) The person is subject to an order of commitment under Title 41, Mississippi Code of 1972 .

(iii) The person established the subject residence before July 1, 2006.

(iv) The school or child care facility is established within three thousand (3,000) feet of the person's residence subsequent to the date the person established residency.

(v) The person established the subject residence between July 1, 2006, and January 1, 2014, in a location at least one thousand five hundred (1,500) feet from the school or child care facility.

(vi) The person is a minor or a ward under a guardianship.

(c) A person residing within three thousand (3,000) feet of the real property comprising a residential child-caring agency, a children's group care home or any playground, ballpark or other recreational facility utilized by persons under the age of eighteen (18) years does not commit a violation of this subsection if any of the following apply:

(i) The person established the subject residence before July 1, 2008.

(ii) The residential child-caring agency, children's group care home, playground, ballpark or other recreational facility utilized by persons under the age of eighteen (18) years is established within three thousand (3,000) feet of the person's residence subsequent to the date the person established residency.

(iii) The person established the subject residence between July 1, 2008, and January 1, 2014, in a location at least one thousand five hundred (1,500) feet from the residential child-caring agency, children's group care home, playground, ballpark or other recreational facility utilized by persons under the age of eighteen (18) years.

(iv) Any of the conditions described in subsection (4)(b)(i), (ii) or (vi) exist.

(5) The Department of Public Safety is required to obtain the text of the law defining the offense or offenses for which the registration is required.
Miss. Code Ann. § 45-27-8 — MS Code / Title 45 / Chapter 15 / 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. § 45-39-17 — MS Code / Title 45 / Chapter 38 / Section 39-17
Miss. Code Ann. § 45-39-17
Status: in_force

In addition to any other monetary penalties and other penalties imposed by law, any county or municipality by ordinance may assess an additional surcharge in an amount not to exceed Two Dollars ($2.00) on each person upon whom a county, justice or municipal court imposes a fine or other penalty for any misdemeanor other than offenses relating to vehicular parking or registration if there is established to the benefit of the citizens of the county or municipality a local crime stoppers program which is not authorized to receive funds under local and private legislation. The proceeds from the surcharge may be used by a county or municipality only to fund that county's or municipality's support of the local crime stoppers program as authorized by Section 45-39-15, Mississippi Code of 1972 . The proceeds from the surcharge imposed by this section shall be deposited into a special fund in the Department of Public Safety's Office of Public Safety Planning which shall promulgate rules and procedures relating to the administration of the special fund and the disbursement of monies in the fund to participating counties and municipalities. The maximum amount that a county or municipality may receive from the special fund shall be an amount equal to the deposits made into the fund by that entity, less one percent (1%) to be retained by the Office of Public Safety Planning to defray the costs of administering the special fund. Interest earned on the special fund shall remain in the fund and shall be used by the Office of Public Safety Planning to further defray the costs of administering the special fund.
Miss. Code Ann. § 45-10-1 — MS Code / Title 45 / Chapter 4 / Section 10-1
Miss. Code Ann. § 45-10-1
Status: in_force

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

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

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

(c) Standard disposable and refillable lighters that are printed or decorated with logos, labels, decals or artwork, or heat shrinkable sleeves.
Miss. Code Ann. § 45-11-1 — MS Code / Title 45 / Chapter 3 / Section 11-1
Miss. Code Ann. § 45-11-1
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

(7) The State Chief Deputy Fire Marshal may appoint, with the consent of the Commissioner of Insurance, a State Chief Assistant Deputy Fire Marshal, who shall have power, during the chief deputy's absence or inability to act due to any cause, to perform any and all of the duties of the chief deputy. The chief assistant deputy shall serve at the will and pleasure of the Commissioner of Insurance.
Miss. Code Ann. § 45-41-1 — MS Code / Title 45 / Chapter 21 / 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. § 45-15-13 — MS Code / Title 45 / Chapter 13 / 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. § 45-34-5 — MS Code / Title 45 / Chapter 27 / Section 34-5
Miss. Code Ann. § 45-34-5
Status: in_force

(1) The department shall maintain the registry on the internet, which shall contain a disclaimer informing the public that:

(a) The information contained on the website is obtained from public records, and the department does not guarantee the website's accuracy or completeness;

(b) The list only includes persons convicted in Mississippi state courts of a limited list of crimes. Persons who are convicted in any federal court, or who are convicted of a crime other than a registrable offense will not appear on the registry.

(2) The department and any individual or entity acting at the request or upon the direction of the department are immune from civil liability for damages arising from reporting information under this chapter and will be presumed to have acted in good faith in performing its duties under this chapter.
Miss. Code Ann. § 45-21-21 — MS Code / Title 45 / Chapter 17 / Section 21-21
Miss. Code Ann. § 45-21-21
Status: in_force

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

(2) If a court action or proceeding has been instituted against the holder of such permit, then the sheriff shall place such cash bond with such court where such action or proceeding has been instituted to be placed in escrow. If no such court action or proceeding has been instituted but a fine assessed against the holder of such permit for failure to comply with the health and safety regulations remains unpaid, or if any additional law enforcement expense remains unpaid, then the sheriff shall reimburse the political subdivision reasonably incurring such legitimate additional law enforcement expenses, the sheriff shall forward to the court assessing such fine portions of the cash bond to meet such obligations and the sheriff shall forward the remainder of such cash bond returned to the party posting. If the cash bond is insufficient to meet such obligations, then the cash bond shall be apportioned equally among such court and such political subdivision.
Miss. Code Ann. § 45-14-51 — MS Code / Title 45 / Chapter 10 / Section 14-51
Miss. Code Ann. § 45-14-51
Status: in_force

Sections 45-14-51 through 45-14-69 shall be known and may be cited as the “Mississippi Radioactive Waste Transportation Act.”
Miss. Code Ann. § 45-39-3 — MS Code / Title 45 / Chapter 17 / Section 39-3
Miss. Code Ann. § 45-39-3
Status: in_force

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

Expenses of the council shall be paid by the Department of Public Safety out of the State Crime Stoppers Fund, created in Section 45-39-5(4) .
Miss. Code Ann. § 45-12-15 — MS Code / Title 45 / Chapter 11 / Section 12-15
Miss. Code Ann. § 45-12-15
Status: in_force

To enforce the provisions of this chapter, the Attorney General, the commissioner and the State Fire Marshal, their duly authorized representatives and other law enforcement personnel, are hereby authorized to examine the books, papers, invoices and other records of any person in possession, control or occupancy of any premises where cigarettes are placed, stored, sold or offered for sale, as well as the stock of cigarettes on the premises. Every person in the possession, control or occupancy of any premises where cigarettes are placed, sold or offered for sale, is hereby directed and required to give the Attorney General, the commissioner and the State Fire Marshal, their duly authorized representatives and other law enforcement personnel, the means, facilities and opportunity for the examinations authorized by this section.
Miss. Code Ann. § 45-27-9 — MS Code / Title 45 / Chapter 15 / 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. § 45-43-25 — MS Code / Title 45 / Chapter 23 / Section 43-25
Miss. Code Ann. § 45-43-25
Status: in_force

The owner of a multiunit rental complex or a property owners association is not required to enclose a body of water or construct barriers between the owner's or property owners association's property and a body of water such as an ocean, bay, lake, pond, bayou, river, creek, stream, spring, reservoir, stock tank, culvert, drainage ditch, detention pond, or other flood or drainage facility.
Miss. Code Ann. § 45-43-13 — MS Code / Title 45 / Chapter 12 / Section 43-13
Miss. Code Ann. § 45-43-13
Status: in_force

(1) A door, sliding glass door, or French door may not open directly into a pool yard if the date of electrical service for initial construction of the building or pool is on or after July 1, 2012.

(2) A door, sliding glass door, or French door may open directly into a pool yard if the date of electrical service for initial construction of the building or pool is before July 1, 2012, and the pool yard enclosure complies with subsection (3), (4) or (5) of this section, as applicable.

(3) If a door of a building, other than a sliding glass door or screen door, opens into the pool yard, the door must have a:

(a) Latch that automatically engages when the door is closed;

(b) Spring-loaded door-hinge pin, automatic door closer, or similar device to cause the door to close automatically; and

(c) Keyless bolting device that is installed not less than thirty-six (36) inches or more than forty-eight (48) inches above the interior floor.

(4) If French doors of a building open to the pool yard, one (1) of the French doors must comply with subsection (3)(a) of this section and the other door must have:

(a) A keyed dead bolt or keyless bolting device capable of insertion into the doorjamb above the door, and a keyless bolting device capable of insertion into the floor or threshold; or

(b) A bolt with at least a three-fourths ( 3 / 4 ) inch throw installed inside the door and operated from the edge of the door that is capable of insertion into the doorjamb above the door and another bolt with at least a three-fourths ( 3 / 4 ) inch throw installed inside the door and operated from the edge of the door that is capable of insertion into the floor or threshold.

(5) If a sliding glass door of a building opens into the pool yard, the sliding glass door must have:

(a) A sliding-door handle latch or sliding-door security bar that is installed not more than forty-eight (48) inches above the interior floor; and

(b) A sliding-door pin lock that is installed not more than forty-eight (48) inches above the interior floor.

(6) A door, sliding glass door, or French door that opens into a pool yard from an area of a building that is not used by residents and that has no access to an area outside the pool yard is not required to have a lock, latch, dead bolt, or keyless bolting device.

(7) A keyed dead bolt, keyless bolting device, sliding-door pin lock, or sliding-door security bar installed before July 1, 2012, may be installed not more than fifty-four (54) inches from the floor.

(8) A keyed dead bolt or keyless dead bolt, as described by Section 45-43-3 , installed in a dwelling on or after July 1, 2012, must have a bolt with a throw of not less than one (1) inch.
Miss. Code Ann. § 45-45-9 — MS Code / Title 45 / Chapter 17 / 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. § 45-15-11 — MS Code / Title 45 / Chapter 11 / Section 15-11
Miss. Code Ann. § 45-15-11
Status: in_force

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

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

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

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

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

(c) A person is designated to observe clearance of the equipment from any nearby high voltage overhead lines and to give timely warning for all operations where it is difficult by visual means for the operator to determine and to maintain the required clearance.
Miss. Code Ann. § 45-35-15 — MS Code / Title 45 / Chapter 14 / 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. § 45-21-13 — MS Code / Title 45 / Chapter 1 / Section 21-13
Miss. Code Ann. § 45-21-13
Status: in_force

In order that the state board of health may establish criteria for implementing the pertinent health and safety regulations and that certification may be granted with a sufficient degree of certainty as to the probable number of people that will be in attendance at such event, no tickets of admission thereto shall be distributed or sold seventy-two (72) hours prior to the commencement of such event; provided, however, that tickets of admission may be distributed or sold within such seventy-two-hour period as specifically established by the state board of health in the certification or as approved, in writing, by the local board of health, if such additional sale or distribution of tickets can be permitted within the pertinent health and safety regulations promulgated pursuant to Section 45-21-11 .
Miss. Code Ann. § 45-23-9 — MS Code / Title 45 / Chapter 14 / 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. § 45-23-39 — MS Code / Title 45 / Chapter 17 / Section 23-39
Miss. Code Ann. § 45-23-39
Status: in_force

All boilers, other than cast iron sectional boilers, and pressure vessels to be installed in this state after the twelve (12) month period from the date upon which the rules and regulations of the board shall become effective, shall be inspected during construction as required by the applicable rules and regulations of the board by an inspector authorized to inspect boilers and pressure vessels in this state, or, if constructed outside of the state, by an inspector holding a license issued by an organization approved by the board.
Miss. Code Ann. § 45-11-41 — MS Code / Title 45 / Chapter 3 / Section 11-41
Miss. Code Ann. § 45-11-41
Status: in_force

In the construction of school buildings all outside doors shall be made to open outwardly. All buildings of two (2) or more stories in height shall be constructed so as to give easy escape in case of fire, by providing modern fire escapes, or by providing iron ladders, slides or stairways on the outside of such buildings. In case of ladders, slides or stairways on the outside, sufficient platform room at the top of such ladder, slide or stairway and sufficient banisters or railings shall be provided to guarantee the safety of the children in getting out of the building. Provided, however, that in any fireproof school buildings with each floor on the ground level and constructed for more than ten (10) years, the board of trustees of the school or attendance center, in their discretion, may not be required to add fire escapes provided within sixty (60) days immediately following the passage of this section they spread upon their minutes a resolution to that effect.
Miss. Code Ann. § 45-45-5 — MS Code / Title 45 / Chapter 6 / Section 45-5
Miss. Code Ann. § 45-45-5
Status: in_force

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

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

(i) Elevators;

(ii) Platform lifts;

(iii) Stairway chairlifts.

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

(i) Escalators;

(ii) Moving walks.

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

(i) Dumbwaiters;

(ii) Material lifts and dumbwaiters with automatic transfer devices.
Miss. Code Ann. § 45-35-59 — MS Code / Title 45 / Chapter 34 / Section 35-59
Miss. Code Ann. § 45-35-59
Status: in_force

The identification card for persons with disabilities shall bear the word “SEATING” with a box or blank space adjacent thereto. The issuer of the card shall place an “X” in such box or blank space if the applicant's disability creates mobility or health limitations which prevent him or her from climbing stairs or steep inclines. When so marked, the identification card for persons with disabilities shall be sufficient to admit the holder to seating for persons with disabilities at public events in this state.
Miss. Code Ann. § 45-34-3 — MS Code / Title 45 / Chapter 17 / 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. § 45-33-32 — MS Code / Title 45 / Chapter 6 / 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. § 45-23-35 — MS Code / Title 45 / Chapter 1 / Section 23-35
Miss. Code Ann. § 45-23-35
Status: in_force

The inspections herein required shall be made by the chief inspector, by a deputy inspector, or by a special inspector provided for in this chapter.
Miss. Code Ann. § 45-21-11 — MS Code / Title 45 / Chapter 21 / Section 21-11
Miss. Code Ann. § 45-21-11
Status: in_force

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

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

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

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

(5) Such specifications and plans may contain reasonable alternative requirements based upon different numbers of tickets having been sold and distributed.
Miss. Code Ann. § 45-45-25 — MS Code / Title 45 / Chapter 23 / Section 45-25
Miss. Code Ann. § 45-45-25
Status: in_force

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

(2) A certificate of operation is renewable annually, except that certificates issued for platform and stairway chairlifts for private residences shall be valid for a period of three (3) years. A certificate of operation must be clearly displayed on or in each conveyance or in the machine room/machinery space for use for the benefit of code enforcement staff.
Miss. Code Ann. § 45-33-36 — MS Code / Title 45 / Chapter 33 / Section 33-36
Miss. Code Ann. § 45-33-36
Status: in_force

(1) Upon receipt of sex offender registration or change of registration information, the Department of Public Safety shall immediately provide the information to:

(a) The National Sex Offender Registry or other appropriate databases;

(b) The sheriff of the county and the chief law enforcement officer of any other jurisdiction where the offender resides, lodges, is an employee or is a student or intends to reside, work, attend school or volunteer;

(c) The sheriff of the county and the chief law enforcement officer of any other jurisdiction from which or to which a change of residence, employment or student status occurs;

(d) The Department of Human Services, the Department of Child Protection Services, and any other social service entities responsible for protecting minors in the child welfare system;

(e) The probation agency that is currently supervising the sex offender;

(f) Any agency responsible for conducting employment-related background checks under Section 3 of the National Child Protection Act of 1993 ( 42 USC 5119(a) );

(g) Each school and public housing agency in each jurisdiction in which the sex offender resides, is an employee or is a student;

(h) All prosecutor offices in each jurisdiction in which the sex offender resides, is an employee, or is a student; and

(i) Any other agencies with criminal investigation, prosecution or sex offender supervision functions in each jurisdiction in which the sex offender resides, is an employee, or is a student.

(2) The Department of Public Safety shall post changes to the public registry website within three (3) business days. Electronic notification will be available via the Internet to all law enforcement agencies, to any volunteer organizations in which contact with minors or vulnerable adults might occur and any organization, company or individual who requests notification pursuant to procedures established by the Department of Public Safety. This provision shall take effect upon the state's receipt and implementation of the Department of Justice software in compliance with the provisions of the Adam Walsh Act.

(3) From and after July 1, 2015, local jurisdictions receiving notification and that have the ability may notify residents when a sex offender begins residing, lodges, becomes employed, volunteers or attends school or intends to reside, lodge, work, attend school or volunteer in the area by using a website, social media, print media, email or may provide a link to the Department of Public Safety website.
Miss. Code Ann. § 45-7-29 — MS Code / Title 45 / Chapter 2 / Section 7-29
Miss. Code Ann. § 45-7-29
Status: in_force

The power and authority granted in Sections 45-7-21 through 45-7-27 shall be additional and supplemental to the power and authority of Sections 45-7-1 through 45-7-5 .
Miss. Code Ann. § 45-11-21 — MS Code / Title 45 / Chapter 6 / Section 11-21
Miss. Code Ann. § 45-11-21
Status: in_force

It is the duty of every keeper or proprietor of a hotel or lodging house of over two (2) stories in height to provide and securely fasten in every lodging room above the second story which has an outside window and is used for the accommodation of guests or employees, a rope or rope ladder, for the escape of the lodgers therein in case of fire, of at least one inch (1”) in diameter, which shall be fastened therein as near a window as practicable, and of sufficient length to reach therefrom to the ground on the outside of the hotel or lodging house, and made of strong material and as secure against becoming inflamed as practicable. Such rope or rope ladder shall be kept in good repair and condition. In lieu of a rope or rope ladder, there may be substituted any other appliance that may be deemed of equal or greater utility by the fire department or authority having control of the fire regulations of the city or town where such hotel or lodging house is located; but such appliance shall in all cases be so constructed as to be under the control and management of any lodger.
Miss. Code Ann. § 45-49-1 — MS Code / Title 45 / Chapter 2 / Section 49-1
Miss. Code Ann. § 45-49-1
Status: in_force

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

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

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

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

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

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

(f) “ Minor injuries or illnesses ” means injuries and illnesses that may or may not require emergency first aid or significant treatment, or both, but cannot be otherwise classified as a serious injury or illness. This term includes incidents where treatment is limited to such things as the dispensation of over-the-counter medication or plastic adhesive strips, cleansing, rest, and other similar duties or assistance.
Miss. Code Ann. § 45-23-59 — MS Code / Title 45 / Chapter 9 / 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. § 45-12-9 — MS Code / Title 45 / Chapter 9 / Section 12-9
Miss. Code Ann. § 45-12-9
Status: in_force

(1) Cigarettes that are certified by a manufacturer in accordance with Section 45-12-7 shall be marked to indicate compliance with the requirements of Section 45-12-5 . The marking shall be in eight-point type or larger and consist of the letters “ FSC ,” which signifies Fire Standard Compliant, permanently printed, stamped, engraved or embossed on the package at or near the UPC Code.

(2) A manufacturer shall use only one (1) marking, and shall apply this marking uniformly for all packages, including, but not limited to, packs, cartons, and cases, and brands marketed by that manufacturer.

(3) Manufacturers certifying cigarettes in accordance with Section 45-12-7 shall provide a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes. Wholesale dealers, agents and retail dealers shall permit the State Fire Marshal, the commissioner, the Attorney General and their employees to inspect markings of cigarette packaging marked in accordance with this section.
Miss. Code Ann. § 45-3-37 — MS Code / Title 45 / Chapter 2 / Section 3-37
Miss. Code Ann. § 45-3-37
Status: in_force

The state patrol insignia shall be placed on each door of all cars used patrolling the highways and, in addition, such cars may have such other distinguishing markings as the commissioner of public safety shall deem proper.
Miss. Code Ann. § 45-14-5 — MS Code / Title 45 / Chapter 5 / 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. § 45-45-21 — MS Code / Title 45 / Chapter 17 / 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. § 45-33-47 — MS Code / Title 45 / Chapter 1 / Section 33-47
Miss. Code Ann. § 45-33-47
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(5) A person required to register as a sex offender who is convicted under Section 45-33-33 of providing false registration information or of failure to register, reregister, update registration, or comply with electronic monitoring shall be subject to electronic monitoring at the expense of the offender under the program provided in Section 45-33-45 . Termination of the duty to register also terminates the duty to be monitored.
Miss. Code Ann. § 45-27-1 — MS Code / Title 45 / Chapter 21 / 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. § 45-45-15 — MS Code / Title 45 / Chapter 38 / Section 45-15
Miss. Code Ann. § 45-45-15
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

(c) The commissioner, upon written request, may grant exception to or extend the time in which a licensee must comply with the continuing educational requirements of this section for reasons of poor health, military service or other reasonable or just causes.
Miss. Code Ann. § 45-11-55 — MS Code / Title 45 / Chapter 1 / Section 11-55
Miss. Code Ann. § 45-11-55
Status: in_force

Every day's omission or failure by any person to do whatever under the provisions of Sections 45-11-21 through 45-11-55 is required to be done or provided, shall be considered and treated as a separate offense.
Miss. Code Ann. § 45-43-17 — MS Code / Title 45 / Chapter 33 / 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. § 45-41-1 — MS Code / Title 45 / Chapter 5 / 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. § 45-45-15 — MS Code / Title 45 / Chapter 7 / Section 45-15
Miss. Code Ann. § 45-45-15
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

(c) The commissioner, upon written request, may grant exception to or extend the time in which a licensee must comply with the continuing educational requirements of this section for reasons of poor health, military service or other reasonable or just causes.
Miss. Code Ann. § 45-49-3 — MS Code / Title 45 / Chapter 18 / 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. § 45-33-36 — MS Code / Title 45 / Chapter 21 / Section 33-36
Miss. Code Ann. § 45-33-36
Status: in_force

(1) Upon receipt of sex offender registration or change of registration information, the Department of Public Safety shall immediately provide the information to:

(a) The National Sex Offender Registry or other appropriate databases;

(b) The sheriff of the county and the chief law enforcement officer of any other jurisdiction where the offender resides, lodges, is an employee or is a student or intends to reside, work, attend school or volunteer;

(c) The sheriff of the county and the chief law enforcement officer of any other jurisdiction from which or to which a change of residence, employment or student status occurs;

(d) The Department of Human Services, the Department of Child Protection Services, and any other social service entities responsible for protecting minors in the child welfare system;

(e) The probation agency that is currently supervising the sex offender;

(f) Any agency responsible for conducting employment-related background checks under Section 3 of the National Child Protection Act of 1993 ( 42 USC 5119(a) );

(g) Each school and public housing agency in each jurisdiction in which the sex offender resides, is an employee or is a student;

(h) All prosecutor offices in each jurisdiction in which the sex offender resides, is an employee, or is a student; and

(i) Any other agencies with criminal investigation, prosecution or sex offender supervision functions in each jurisdiction in which the sex offender resides, is an employee, or is a student.

(2) The Department of Public Safety shall post changes to the public registry website within three (3) business days. Electronic notification will be available via the Internet to all law enforcement agencies, to any volunteer organizations in which contact with minors or vulnerable adults might occur and any organization, company or individual who requests notification pursuant to procedures established by the Department of Public Safety. This provision shall take effect upon the state's receipt and implementation of the Department of Justice software in compliance with the provisions of the Adam Walsh Act.

(3) From and after July 1, 2015, local jurisdictions receiving notification and that have the ability may notify residents when a sex offender begins residing, lodges, becomes employed, volunteers or attends school or intends to reside, lodge, work, attend school or volunteer in the area by using a website, social media, print media, email or may provide a link to the Department of Public Safety website.
Miss. Code Ann. § 45-27-9 — MS Code / Title 45 / Chapter 5 / 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. § 45-43-3 — MS Code / Title 45 / Chapter 33 / Section 43-3
Miss. Code Ann. § 45-43-3
Status: in_force

The following words shall have the following meanings for purposes of this chapter:

(a) “ Self-closing and self-latching device ” means a device that causes a gate to automatically close without human or electrical power after it has been opened and to automatically latch without human or electrical power when the gate closes.

(b) “ Doorknob lock ” means a lock that is in a doorknob and that is operated from the exterior by a key, card, or combination and from the interior without a key, card, or combination.

(c) “ Dwelling ” or “ rental dwelling ” means one or more rooms rented to one or more tenants for use as a permanent residence under a lease. The term does not include a room rented to overnight guests.

(d) “ French doors ” means double doors, sometimes called double-hinged patio doors, that provide access from a dwelling interior to the exterior and in which each of the two (2) doors are hinged and closable so that the edge of one (1) door closes immediately adjacent to the edge of the other door with no partition between the doors. “ French door ” means either one (1) of the two (2) doors.

(e) “ Keyed dead bolt ” means a door lock that is not in the doorknob, that locks by a bolt in the doorjamb, that has a bolt with at least a one-inch throw if installed after July 1, 2012, and that is operated from the exterior by a key, card, or combination and operated from the interior by a knob or lever without a key, card, or combination. The term includes a doorknob lock that contains a bolt with at least a one-inch throw.

(f)(i) “ Keyless bolting device ” means a door lock not in the doorknob that locks:

1. With a bolt with a one-inch throw into a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed or into a metal doorjamb that serves as the strike plate, operable only by knob or lever from the door's interior and not in any manner from the door's exterior, and that is commonly known as a keyless dead bolt;

2. By a drop bolt system operated by placing a central metal plate over a metal doorjamb restraint which protrudes from the doorjamb and which is affixed to the doorjamb frame by means of three (3) case-hardened screws at least three (3) inches in length. One-half ( 1 / 2 ) of the central plate must overlap the interior surface of the door and the other one-half ( 1 / 2 ) of the central plate must overlap the doorjamb when the plate is placed over the doorjamb restraint. The drop bolt system must prevent the door from being opened unless the central plate is lifted off of the doorjamb restraint by a person who is on the interior side of the door; or

3. By a metal bar or metal tube that is placed across the entire interior side of the door and secured in place at each end of the bar or tube by heavy-duty metal screw hooks. The screw hooks must be at least three (3) inches in length and must be screwed into the doorframe stud or wall stud on each side of the door. The bar or tube must be capable of being secured to both of the screw hooks and must be permanently attached in some way to the doorframe stud or wall stud. When secured to the screw hooks, the bar or tube must prevent the door from being opened unless the bar or tube is removed by a person who is on the interior side of the door.

(ii) The term does not include a chain latch, flip latch, surface-mounted slide bolt, mortise door bolt, surface-mounted barrel bolt, surface-mounted swing bar door guard, spring-loaded night latch, foot bolt, or other lock or latch.

(g) “ Multiunit rental complex ” means two (2) or more dwelling units in one or more buildings that are under common ownership, managed by the same owner, managing agent, or management company, and located on the same lot or tract of land or adjacent lots or tracts of land. The term includes a condominium, cooperative, or townhome project. The term does not include:

(i) A facility primarily renting rooms to overnight guests; or

(ii) A single-family home or adjacent single-family homes that are not part of a condominium, cooperative, or townhome project.

(h) “ Pool ” means a permanent swimming pool, permanent wading or reflection pool, or permanent hot tub or spa over eighteen (18) inches deep, located at ground level, above ground, below ground, or indoors.

(i) “ Pool yard ” means an area that contains a pool.

(j) “ Pool yard enclosure ” or “ enclosure ” means a fence, wall, or combination of fences, walls, gates, windows, or doors that completely surround a pool.

(k) “ Private club ” means country club, golf club, tennis club, yacht club, gym or any similar association or organization that provides services or facilities to its members and that is not usually open to the public.

(l) “ Property owners association ” means an association of property owners for a residential subdivision, a condominium, cooperative or townhome project, or other project involving residential dwellings.

(m) “ Sliding-door handle latch ” means a latch or lock that is near the handle on a sliding glass door, that is operated with or without a key, and that is designed to prevent the door from being opened.

(n) “ Sliding-door pin lock ” means a pin or rod that is inserted from the interior side of a sliding glass door at the side opposite the door's handle and that is designed to prevent the door from being opened or lifted.

(o) “ Sliding-door security bar ” means a bar or rod that can be placed at the bottom of or across the interior side of the fixed panel of a sliding glass door and that is designed to prevent the sliding panel of the door from being opened.

(p) “ Tenant ” means a person who is obligated to pay rent or other consideration and who is authorized to occupy a dwelling, to the exclusion of others, under a verbal or written lease or rental agreement.

(q) “ Window latch ” means a device on a window or window screen that prevents the window or window screen from being opened and that is operated without a key and only from the interior.
Miss. Code Ann. § 45-11-89 — MS Code / Title 45 / Chapter 6 / Section 11-89
Miss. Code Ann. § 45-11-89
Status: in_force

Whoever violates the provisions of Sections 45-11-81 through 45-11-89 shall be guilty of a misdemeanor and upon conviction thereof, shall be sentenced to pay a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or to imprisonment of not more than six (6) months, or both.
Miss. Code Ann. § 45-23-55 — MS Code / Title 45 / Chapter 1 / Section 23-55
Miss. Code Ann. § 45-23-55
Status: in_force

There is hereby created a special fund in the state treasury to be known as the boiler and pressure vessel safety fund into which shall be deposited all funds appropriated by the legislature for the implementation of this chapter, and funds from fees, fines and any other source that shall be used for the implementation and administration of this chapter by the Mississippi State Board of Health.
Miss. Code Ann. § 45-12-5 — MS Code / Title 45 / Chapter 3 / Section 12-5
Miss. Code Ann. § 45-12-5
Status: in_force

(1) Except as provided in subsection (7) of this section, no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in accordance with the test method and meet the performance standard specified in this section, a written certification has been filed by the manufacturer with the State Fire Marshal in accordance with Section 45-12-7 , and the cigarettes have been marked in accordance with Section 45-12-9 .

(a) Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials (ASTM) Standard E2187-04, “Standard Test Method for Measuring the Ignition Strength of Cigarettes.”

(b) Testing shall be conducted on ten (10) layers of filter paper.

(c) No more than twenty-five percent (25%) of the cigarettes tested in a test trial in accordance with this section shall exhibit full-length burns. Forty (40) replicate tests shall comprise a complete test trial for each cigarette tested.

(d) The performance standard required by this section shall only be applied to a complete test trial.

(e) Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to Standard ISO/IEC 17025 of the International Organization for Standardization (ISO), or other comparable accreditation standard required by the State Fire Marshal.

(f) Laboratories conducting testing in accordance with this section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. The repeatability value shall be no greater than nineteen percent (19%).

(g) This section does not require additional testing if cigarettes are tested consistent with this chapter for any other purpose.

(h) Testing performed or sponsored by the State Fire Marshal to determine a cigarette's compliance with the performance standard required shall be conducted in accordance with this section.

(2) Each cigarette listed in a certification submitted pursuant to Section 45-12-7 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this section shall have at least two (2) nominally identical bands on the paper surrounding the tobacco column. At least one (1) complete band shall be located at least fifteen (15) millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two (2) bands fully located at least fifteen (15) millimeters from the lighting end and ten (10) millimeters from the filter end of the tobacco column, or ten (10) millimeters from the labeled end of the tobacco column for nonfiltered cigarettes.

(3) A manufacturer of a cigarette that the State Fire Marshal determines cannot be tested in accordance with the test method prescribed in paragraph (a) of subsection (1) shall propose a test method and performance standard for the cigarette to the State Fire Marshal. Upon approval of the proposed test method and a determination by the State Fire Marshal that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in paragraph (c) of subsection (1), the manufacturer may employ such test method and performance standard to certify such cigarette pursuant to Section 45-12-7 . If the State Fire Marshal determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this section, and the State Fire Marshal finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law or regulation under a legal provision comparable to this section, then the State Fire Marshal shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this state, unless the State Fire Marshal demonstrates a reasonable basis why the alternative test should not be accepted under this section. All other applicable requirements of this section shall apply to the manufacturer.

(4) Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three (3) years, and shall make copies of these reports available to the State Fire Marshal and the Attorney General upon written request. Any manufacturer who fails to make copies of these reports available within sixty (60) days of receiving a written request shall be subject to a civil penalty not to exceed Ten Thousand Dollars ($10,000.00) for each day after the sixtieth day that the manufacturer does not make such copies available.

(5) The State Fire Marshal may promulgate a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that such subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM Standard E2187-04 and the performance standard in paragraph (c) of subsection (1).

(6) The State Fire Marshal shall review the effectiveness of this section and report every three (3) years to the Legislature his findings and, if appropriate, recommendations for legislation to improve the effectiveness of this chapter. The report and legislative recommendations shall be submitted no later than June 30 following the conclusion of each three-year period.

(7) The requirements of subsection (1) shall not prohibit:

(a) Wholesale or retail dealers from selling their existing inventory of cigarettes on or after July 1, 2010, if the wholesale or retail dealer can establish that state tax stamps were affixed to the cigarettes prior to July 1, 2010, and the wholesale or retail dealer can establish that the inventory was purchased prior to July 1, 2010, in comparable quantity to the inventory purchased during the same period of the prior year; or

(b) The sale of cigarettes solely for the purpose of consumer testing. For purposes of this subsection, the term “ consumer testing ” means an assessment of cigarettes that is conducted by a manufacturer (or under the control and direction of a manufacturer), for the purpose of evaluating consumer acceptance of such cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for such assessment.

(8) This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform this chapter with the laws of those states that have enacted reduced cigarette ignition propensity laws as of July 1, 2010.
Miss. Code Ann. § 45-12-3 — MS Code / Title 45 / Chapter 4 / Section 12-3
Miss. Code Ann. § 45-12-3
Status: in_force

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

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

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

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

(d) “ Cigarette ” means:

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

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

(e) “ Manufacturer ” means:

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

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

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

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

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

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

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

(k) “ Wholesale dealer ” means any person, other than a manufacturer, who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale, and any person who owns, operates or maintains one or more cigarette or tobacco product vending machines in, at or upon premises owned or occupied by any other person.
Miss. Code Ann. § 45-35-59 — MS Code / Title 45 / Chapter 17 / Section 35-59
Miss. Code Ann. § 45-35-59
Status: in_force

The identification card for persons with disabilities shall bear the word “SEATING” with a box or blank space adjacent thereto. The issuer of the card shall place an “X” in such box or blank space if the applicant's disability creates mobility or health limitations which prevent him or her from climbing stairs or steep inclines. When so marked, the identification card for persons with disabilities shall be sufficient to admit the holder to seating for persons with disabilities at public events in this state.
Miss. Code Ann. § 45-17-1 — MS Code / Title 45 / Chapter 11 / Section 17-1
Miss. Code Ann. § 45-17-1
Status: in_force

(a) “Civil emergency” is defined as:

(1) A riot or unlawful assembly characterized by any use of force or violence disturbing the public peace, or any threat to use such force and violence, if accompanied by immediate power of execution, by two (2) or more persons acting together and without authority of law.

(2) Any natural disaster or man-made calamity, including but not limited to flood, conflagration, cyclone, tornado, earthquake or explosion within the geographic limits of a municipality resulting in the death or injury of persons, or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare.

(3) The destruction of property, or the death or injury of persons brought about by the deliberate acts of one (1) or more persons acting either alone or in concert with others when such acts are a threat to the peace of the general public or any segment thereof.

(b) “Curfew” is hereby defined as a prohibition against any person or persons walking, running, loitering, standing, sitting, lying or motoring upon any alley, street, public property or vacant premises within the corporate limits of the municipality except persons officially designated to duty with reference to said civil emergency or those lawfully on the streets as defined hereinafter.

(c) “Chief administrative officer” is defined to be the mayor of any municipality. Any municipality, however, may by ordinance specially designate any official as chief administrative officer for purposes of this chapter.
Miss. Code Ann. § 45-43-19 — MS Code / Title 45 / Chapter 10 / 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.