Miss. Code Ann. § 45-41-1 — MS Code / Title 45 / Chapter 17 / 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. § 45-12-5 — MS Code / Title 45 / Chapter 12 / 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. § 45-49-11 — MS Code / Title 45 / Chapter 13 / Section 49-11
Miss. Code Ann. § 45-49-11
Status: in_force

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

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

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

(4) An investigation of a reported serious injury or illness must be completed immediately following the reasonable determination by the qualified inspector or the department's designee that a principal cause of the serious injury or illness was the injured rider's failure to comply with the posted safety rules or with verbal instructions given by operators.
Miss. Code Ann. § 45-23-61 — MS Code / Title 45 / Chapter 17 / Section 23-61
Miss. Code Ann. § 45-23-61
Status: in_force

No city, town or other governmental subdivision shall have the power to make any laws, ordinances or resolutions providing for the construction, installation, inspection, operation, maintenance or repair of boilers and pressure vessels within the limits of such city, town or governmental subdivision, and any such laws, ordinances or resolutions heretofore made or passed shall be and are hereby declared void and of no effect.
Miss. Code Ann. § 45-35-65 — MS Code / Title 45 / Chapter 23 / Section 35-65
Miss. Code Ann. § 45-35-65
Status: in_force

The department shall collect a fee for an identification card for persons with disabilities as prescribed in Section 63-1-43 .
Miss. Code Ann. § 45-38-3 — MS Code / Title 45 / Chapter 11 / Section 38-3
Miss. Code Ann. § 45-38-3
Status: in_force

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

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

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

(i) Owns or operates a digital service;

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

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

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

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

(e) “ Personal identifying information ” means any information, including sensitive information, that is linked or reasonably linkable to an identified or identifiable individual. The term includes pseudonymous information when the information is used by a controller or processor in conjunction with additional information that reasonably links the information to an identified or identifiable individual. The term does not include deidentified information or publicly available information.
Miss. Code Ann. § 45-11-109 — MS Code / Title 45 / Chapter 3 / Section 11-109
Miss. Code Ann. § 45-11-109
Status: in_force

In case any building is constructed or reconstructed or any building is used in violation of the Mississippi Fire Prevention Code or of any ordinance or other regulation made under authority conferred hereby, the state fire marshal or the proper local authorities of any county or municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful construction or reconstruction, to restrain, correct or abate such violation or to prevent the occupancy of said building.
Miss. Code Ann. § 45-33-39 — MS Code / Title 45 / Chapter 13 / Section 33-39
Miss. Code Ann. § 45-33-39
Status: in_force

(1) The court shall provide written notification to any defendant charged with a sex offense as defined by this chapter of the registration requirements of Sections 45-33-25 and 45-33-31 . Such notice shall be included on any guilty plea forms and judgment and sentence forms provided to the defendant. The court shall obtain a written acknowledgment of receipt on each occasion.

(2) A court imposing a sentence, disposition or order of commitment following acquittal by reason of insanity shall notify the offender of the registration requirements of Sections 45-33-25 and 45-33-31 . The court shall obtain a written acknowledgment of receipt on each occasion.

(3) A court having jurisdiction of any of the offenses enumerated in Section 45-33-23(h) shall cause to be forwarded to the Department of Public Safety a certified record of conviction in such court of any person of any of the offenses listed.
Miss. Code Ann. § 45-3-19 — MS Code / Title 45 / Chapter 3 / Section 3-19
Miss. Code Ann. § 45-3-19
Status: in_force

The commissioner shall have authority, with the approval of the Governor, to make needful and proper rules and regulations governing the proper discipline of the members of the patrol, of selecting, designing and effecting an appropriate uniform therefor, and prescribing outfits and equipment and supplies necessary and proper to carry out the objects of this chapter. The commissioner shall provide the same as well as such weapons, vehicles and equipment as shall be necessary and proper and shall be responsible therefor. The commissioner, with the approval of the Governor, shall, from time to time, establish headquarters and substations, as he shall deem it advisable for the objects and purposes of such an organization and for the enforcement of the laws, rules and regulations hereinabove provided, and to that end he may, with the approval of the Governor acquire the right to use lands and buildings for the accommodation of members of said organization and properties and equipment.
Miss. Code Ann. § 45-11-203 — MS Code / Title 45 / Chapter 5 / Section 11-203
Miss. Code Ann. § 45-11-203
Status: in_force

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

(2) The uniform training standards for all paid fire fighters shall consist of satisfactory completion of a training program administered by the State Fire Academy or local governments that have the proper facilities and have been certified by the Mississippi Fire Personnel Minimum Standards and Certification Board which shall utilize National Fire Protection Association fire service professional qualification standards.
Miss. Code Ann. § 45-13-105 — MS Code / Title 45 / Chapter 3 / Section 13-105
Miss. Code Ann. § 45-13-105
Status: in_force

Any seller of dynamite, nitroglycerine, explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, detonators, or other similar explosives who does not report to proper authorities as required by this article shall, upon conviction, be punished by imprisonment in the penitentiary not exceeding five (5) years, or in the county jail not exceeding one (1) year.
Miss. Code Ann. § 45-11-41 — MS Code / Title 45 / Chapter 2 / 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. § 45-7-5 — MS Code / Title 45 / Chapter 3 / Section 7-5
Miss. Code Ann. § 45-7-5
Status: in_force

(1) Subject to the provisions of subsection (2) of this section, the board of supervisors may compensate the county patrol officers in an amount not to exceed Five Hundred Dollars ($500.00) per month for any one (1) county; in no case shall any one (1) patrol officer receive compensation in excess of Two Hundred Dollars ($200.00) per month. In addition to such compensation, the board of supervisors may furnish the patrol officers means of transportation.

(2)(a) The board of supervisors of any county having a population of thirty-one thousand six hundred fifty-three (31,653) according to the 1960 federal decennial census, having a land area of nine hundred thirty-eight (938) square miles, and wherein U.S. Highway 49 and Mississippi Highway 16 intersect, may compensate the county patrol officers in an amount not to exceed One Thousand Dollars ($1,000.00) per month for any such county; in no case shall any one (1) patrol officer receive compensation in excess of Five Hundred Dollars ($500.00) per month.

(b) The board of supervisors of any county bordering on the Louisiana line and Mississippi River may fix the compensation of the county patrol officers at an amount not to exceed Four Hundred Dollars ($400.00) per month per patrol officer.

(c) The board of supervisors of any county bordering on the Mississippi River wherein is located a national park and cemetery, wherein U.S. Highways 80 and 61 intersect, and having a population in excess of forty-two thousand (42,000) according to the 1960 federal decennial census, may compensate the county patrol officers in an amount not to exceed One Thousand Five Hundred Dollars ($1,500.00) per month for any such county but in no case in excess of Five Hundred Dollars ($500.00) per month per officer.

(d) The board of supervisors of any Class 4 county bordering on the state of Alabama wherein U.S. Highway 98 and Mississippi Highway 63 intersect, having a land area of four hundred eighty-one (481) square miles, may, in its discretion, compensate each of its county patrol officers in an amount not in excess of Six Hundred Fifty Dollars ($650.00) per month.

(e) The board of supervisors of any county in which U.S. Highway 45 and Mississippi Highway 16 intersect may, in its discretion, compensate its county patrol officers in an amount not to exceed Six Hundred Dollars ($600.00) per month per patrol officer.

(f) The board of supervisors of any county in which the Natchez Trace Parkway and Mississippi Highway 35 intersect and which has a population according to the 1990 federal decennial census in excess of eighteen thousand four hundred (18,400), in its discretion, may compensate its county patrol officers in an amount not to exceed Two Thousand Dollars ($2,000.00) per month per patrol officer.
Miss. Code Ann. § 45-15-13 — MS Code / Title 45 / Chapter 15 / 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. § 45-5-15 — MS Code / Title 45 / Chapter 2 / 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. § 45-23-45 — MS Code / Title 45 / Chapter 1 / Section 23-45
Miss. Code Ann. § 45-23-45
Status: in_force

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

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

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

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

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

Any increase in the fee charged by the board under this section shall be in accordance with the provisions of Section 41-3-65 .
Miss. Code Ann. § 45-27-12 — MS Code / Title 45 / Chapter 7 / Section 27-12
Miss. Code Ann. § 45-27-12
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

(10) Release of the above-described information for noncriminal justice purposes shall be made only by the center, under the limitations of this section, and such compiled records will not be released or disclosed for noncriminal justice purposes by other agencies in the state.
Miss. Code Ann. § 45-3-23 — MS Code / Title 45 / Chapter 1 / Section 3-23
Miss. Code Ann. § 45-3-23
Status: in_force

It shall be unlawful for the commissioner to impose any rule of limitation of daily mileage travel or any other rule which will impede highway patrolmen from effectively enforcing the traffic laws in their jurisdiction of assignment. The commissioner will insure that patrolmen spend the maximum amount of their daily work schedule within the highway rights-of-way as a deterrent to traffic violations.
Miss. Code Ann. § 45-35-55 — MS Code / Title 45 / Chapter 9 / Section 35-55
Miss. Code Ann. § 45-35-55
Status: in_force

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

(2) The identification card for persons with temporary disabilities shall be issued to a person with a temporary disability upon presentation of a sworn affidavit of at least one (1) medical doctor attesting to the disability and estimating the duration of the disability. Temporary disability identification cards shall be issued for periods of six (6) months. A current affidavit of a medical doctor attesting to the continuance of the disability shall be presented at each request for renewal thereafter.
Miss. Code Ann. § 45-35-65 — MS Code / Title 45 / Chapter 7 / Section 35-65
Miss. Code Ann. § 45-35-65
Status: in_force

The department shall collect a fee for an identification card for persons with disabilities as prescribed in Section 63-1-43 .
Miss. Code Ann. § 45-45-7 — MS Code / Title 45 / Chapter 5 / 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. § 45-9-103 — MS Code / Title 45 / Chapter 2 / Section 9-103
Miss. Code Ann. § 45-9-103
Status: in_force

(1) In this section, “ federal prohibited-person information ” means information that identifies an individual as:

(a) A person who has been judicially determined by a court as a person with mental illness or person with an intellectual disability under Title 41, Chapter 21, Mississippi Code of 1972 , whether ordered for inpatient treatment, outpatient treatment, day treatment, night treatment or home health services treatment;

(b) A person acquitted in a criminal case by reason of insanity or on a ground of intellectual disability, without regard to whether the person is ordered by a court to receive inpatient treatment or residential care under Section 99-13-7 ;

(c) An adult individual for whom a court has appointed a guardian or conservator under Article 2, 3 or 4 of Title 93, Chapter 20, Mississippi Code of 1972 , based on the determination that the person is incapable of managing his own person or estate; or

(d) A person determined to be incompetent to stand trial by a court pursuant to Rule 9.06 of the Mississippi Rules of Circuit and County Court Practice.

(2) The Department of Public Safety by rule shall establish a procedure to provide federal prohibited-person information to the Federal Bureau of Investigation for use with the National Instant Criminal Background Check System. Except as otherwise provided by state law, the department may disseminate federal prohibited-person information under this subsection only to the extent necessary to allow the Federal Bureau of Investigation to collect and maintain a list of persons who are prohibited under federal law from engaging in certain activities with respect to a firearm.

(3) The department shall grant access to a person's own federal prohibited-person information to the person who is the subject of the information.

(4) Federal prohibited-person information maintained by the department is confidential information for the use of the department and, except as otherwise provided by this section and other state law, is not a public record and may not be disseminated by the department.

(5) The department by rule shall establish a procedure to correct department records and transmit those corrected records to the Federal Bureau of Investigation when a person provides:

(a) A copy of a judicial order or finding under Section 93-20-318 or 93-20-430 that a person has been restored to reason;

(b) Proof that the person has obtained notice of relief from disabilities under 18 USC, Section 925 ; or

(c) A copy of a judicial order of relief from a firearms disability under Section 97-37-5(4) .
Miss. Code Ann. § 45-35-9 — MS Code / Title 45 / Chapter 21 / Section 35-9
Miss. Code Ann. § 45-35-9
Status: in_force

(1) If an identification card issued under this chapter is lost, destroyed or mutilated, or a new name or other updated information is required, the person to whom it was issued may obtain a duplicate by furnishing the same identifying data as for an original card and paying the fee prescribed in Section 63-1-43 .

(2) Any person who loses an identification card and who, after obtaining a duplicate, finds the original card shall promptly surrender the original card to the department.
Miss. Code Ann. § 45-35-61 — MS Code / Title 45 / Chapter 35 / Section 35-61
Miss. Code Ann. § 45-35-61
Status: in_force

The commissioner shall promulgate rules and regulations under which this article shall be implemented.
Miss. Code Ann. § 45-35-5 — MS Code / Title 45 / Chapter 17 / Section 35-5
Miss. Code Ann. § 45-35-5
Status: in_force

Data for the issuance of an identification card shall include a birth certificate or other document to establish the age and identity of the applicant, the social security number of the applicant, and such other identifying data as is required on an application for issuance of a drivers license.
Miss. Code Ann. § 45-23-43 — MS Code / Title 45 / Chapter 11 / Section 23-43
Miss. Code Ann. § 45-23-43
Status: in_force

Each company operating boilers and/or pressure vessels covered by owner or user inspection service meeting the requirements of Section 45-23-21(b) shall maintain in its files an inspection record which shall list, by number and such abbreviated description as may be necessary for identification, each pressure vessel covered by this chapter, the date of the last inspection of each such unit, and for each pressure vessel the approximate date for the next inspection thereof arrived at by applying the appropriate rules therefor to all data available at the time such inspection record is compiled. Such inspection record shall be readily available for examination by the chief inspector or his authorized representative during business hours.
Miss. Code Ann. § 45-49-7 — MS Code / Title 45 / Chapter 21 / Section 49-7
Miss. Code Ann. § 45-49-7
Status: in_force

(1) A ride operator must:

(a) Be at least sixteen (16) years of age;

(b) Operate only one (1) amusement ride at a time;

(c) Be in attendance at all times when the ride is operating; and

(d) Operate the ride in accordance with the ride manufacturer's specifications.

(2) To the extent permitted by law, an operator may deny any person entrance to an amusement ride if the operator believes that entrance by that person may jeopardize the safety of the person or other persons.

(3) Patron responsibility:

(a) There are inherent risks in the participation in or on any amusement ride. Patrons of an amusement ride, by participation, accept the risks inherent in such participation of which the ordinary prudent person is or should be aware. Patrons have the duty to exercise good judgment and act in a responsible manner while using the amusement ride, device, or attraction and to obey all oral or written warnings, or both, before or during participation, or both.

(b) Patrons have a duty to not participate in or on any amusement ride when under the influence of drugs or alcohol.

(c) Patrons have a duty to properly use all ride or device safety equipment provided.

(d) Any patron that violates the provisions of this subsection (3) shall be subject to immediate removal from the amusement facility without a refund of any admission charge.

(e) An owner or operator of an amusement ride shall display the potential penalties for violation of this section at each amusement ride.
Miss. Code Ann. § 45-23-39 — MS Code / Title 45 / Chapter 10 / 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. § 45-43-1 — MS Code / Title 45 / Chapter 15 / Section 43-1
Miss. Code Ann. § 45-43-1
Status: in_force

This chapter shall be known and cited as the “William Lee Montjoy Pool Safety Act.”
Miss. Code Ann. § 45-47-1 — MS Code / Title 45 / Chapter 38 / Section 47-1
Miss. Code Ann. § 45-47-1
Status: in_force

(1) Every person who is arrested for the commission or attempted commission of a crime of violence as defined in Section 97-3-2 shall provide a biological sample for DNA testing to jail or detention center personnel upon booking. The analysis shall be performed by the Mississippi Forensics Lab or other entity designated by the Department of Public Safety, and the results shall be maintained by the Forensics Lab according to standard protocols adopted for maintenance of DNA records in conformity to federal guidelines for the maintenance of such records.

(2)(a) A DNA sample shall be collected by an individual who is trained in the collection procedures that the Forensics Laboratory uses.

(b) Upon motion of one (1) of the parties, or sua sponte by the court, the court may direct the Forensics Lab to destroy the sample and delete from the database all records thereof if there is no other pending qualifying warrant or capias for an arrest or felony conviction that would require that the sample remain in the DNA data bank if:

(i) The charge for which the sample was taken is dismissed;

(ii) The defendant is acquitted at trial or convicted of a lesser-included misdemeanor offense that is not an offense listed in this section;

(iii) No charge was filed within the statute of limitations, if any; or

(iv) No conviction has occurred, at least three (3) years have passed since the date of arrest, and there is no active prosecution.

(3)(a) Any person who, without authority, disseminates information contained in the DNA data bank shall be guilty of a misdemeanor.

(b) Any person who disseminates, receives, or otherwise uses or attempts to use information in the DNA data bank, knowing that the dissemination, receipt or use is for a purpose other than as authorized by law, shall be guilty of a misdemeanor.

(c) Except as authorized by law, any person who obtains or attempts to obtain any sample for purposes of having DNA analysis performed shall be guilty of a felony.

(4)(a) Any person convicted under subsection (3)(a) shall be sentenced to a fine not to exceed Five Hundred Dollars ($500.00) or confinement in the county jail not to exceed thirty (30) days, or both.

(b) Any person convicted under subsection (3)(b) shall be sentenced to a fine not to exceed One Thousand Dollars ($1,000.00) or confinement in the county jail not to exceed six (6) months, or both.

(c) Any person convicted under subsection (3)(c) shall be sentenced to a fine not to exceed One Thousand Dollars ($1,000.00) or commitment to the custody of the Department of Corrections not to exceed two (2) years, or both.
Miss. Code Ann. § 45-21-9 — MS Code / Title 45 / Chapter 21 / Section 21-9
Miss. Code Ann. § 45-21-9
Status: in_force

Upon the posting by such applicant of the cash bond pursuant to Section 45-21-5 , the sheriff of such county shall secure a surety bond in the amount of Ten Thousand Dollars ($10,000.00). Such surety bond shall be in addition to the official bond of such sheriff. The premium for such surety bond shall be paid by the applicant.
Miss. Code Ann. § 45-49-5 — MS Code / Title 45 / Chapter 14 / Section 49-5
Miss. Code Ann. § 45-49-5
Status: in_force

(1) The annual inspection required in Section 45-49-3 must be conducted by a qualified inspector. A qualified inspector must:

(a) Be certified:

(i) By the National Association of Amusement Ride Safety Officials at a minimum, as a Level I inspector; or

(ii) By the Amusement Industry Manufacturers and Suppliers International at a level that is equivalent to the certification under subparagraph (i) of this paragraph;

(b) Have twenty-four (24) months of employment experience in the field of amusement ride inspection; and

(c) Not be the owner or operator of the ride or an employee or agent of the owner or operator.

(2) The certificate of inspection shall certify that the ride is in substantial compliance with ASTM International Standard F770-19 concerning practices for ownership, operation, maintenance and inspection of amusement rides and devices.

(3) The owner or operator of an amusement ride shall:

(a) Operate, maintain and inspect all rides in substantial compliance with ASTM International Standard F770-19;

(b) Keep a paper or electronic copy of all required forms or certifications, and of all safety inspections conducted by the owner or operator during the preceding twelve (12) months, or until an inspection is repeated, whichever is longer for each ride:

(i) On or near that ride; or

(ii) At the office of the owner or operator; and

(c) Make those records available to the Mississippi Department of Revenue promptly upon request.
Miss. Code Ann. § 45-11-71 — MS Code / Title 45 / Chapter 4 / Section 11-71
Miss. Code Ann. § 45-11-71
Status: in_force

In the interest of public safety, any person who engages in the sale of burglar bars to the public shall comply with 1105.7 of the Standard Building Code of the Southern Building Code Congress International, as revised.
Miss. Code Ann. § 45-45-19 — MS Code / Title 45 / Chapter 15 / Section 45-19
Miss. Code Ann. § 45-45-19
Status: in_force

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

(2) Conveyances placed in service on or after July 1, 2013, shall be registered at the time they are completed and placed in service.
Miss. Code Ann. § 45-11-103 — MS Code / Title 45 / Chapter 4 / Section 11-103
Miss. Code Ann. § 45-11-103
Status: in_force

The standards embodied in said code shall be based upon and shall be not less stringent than the standards established by the standard fire prevention code as promulgated by the Southern Building Code Congress International, Inc., and as the same may be revised or amended; however, the state fire marshal shall have the authority to deviate from the minimum requirements of such standard fire prevention code when the imposition and enforcement of a specific requirement of the standard fire prevention code would cause unnecessary hardship or when such deviation would enable builders to take advantage of new methods, materials or equipment which is of recognized adequacy.

The Mississippi Fire Prevention Code shall include provisions that every new building over seventy-five (75) feet in height in the State of Mississippi for which a permit is issued after July 1, 1978, shall be equipped throughout the building with a totally automatic sprinkler system designed for life safety and fire prevention and protection. This provision shall include every building over seventy-five (75) feet in height constructed after July 1, 1978, or to any existing building in which twenty-five percent (25%) or more of the floor space is being reconstructed or added thereto. However, public utility company buildings in which water would cause severe damage to equipment such as telephone equipment, computers or electric services, and silos, grain elevators and other structures utilized solely for the storage of agricultural products are exempt from the automatic sprinkler system provisions of the code.
Miss. Code Ann. § 45-3-57 — MS Code / Title 45 / Chapter 2 / Section 3-57
Miss. Code Ann. § 45-3-57
Status: in_force

The Mississippi Department of Public Safety's Highway Patrol District Office, located in Meridian, Lauderdale County, Mississippi, which serves as the command center for Troop H of the Mississippi Highway Patrol, shall be named the “Charles L. Young, Sr., District Office.” The Department of Finance and Administration shall prepare or have prepared a distinctive plaque, to be placed in a prominent place within the building, that states the background, accomplishments and service to the state of the Honorable Charles L. Young, Sr. The Department of Finance and Administration in conjunction with the Mississippi Department of Public Safety's Highway Patrol Division shall erect or cause to be erected proper lettering or signage on the outdoor facade of the building displaying the official name of the building as the “Charles L. Young, Sr., District Office.”
Miss. Code Ann. § 45-27-1 — MS Code / Title 45 / Chapter 5 / 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. § 45-11-1 — MS Code / Title 45 / Chapter 5 / 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. § 45-9-101 — MS Code / Title 45 / Chapter 9 / Section 9-101
Miss. Code Ann. § 45-9-101
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(k) Is not a fugitive from justice; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Issue the license;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(25) An applicant for a license under this section shall have the option of, instead of being issued a separate card for the license, having the license appear as a notation on the individual's driver's license or identification card. If the applicant chooses this option, the license issued under this section shall have the same expiration date as the driver's license or identification card, and renewal shall take place at the same time and place as renewal of the driver's license or identification card. The Commissioner of Public Safety shall have the authority to promulgate rules and regulations which may be necessary to ensure the effectiveness of the concurrent application and renewal processes.
Miss. Code Ann. § 45-39-5 — MS Code / Title 45 / Chapter 9 / Section 39-5
Miss. Code Ann. § 45-39-5
Status: in_force

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

(2) The council shall:

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

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

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

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

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

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

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

(5) The council shall have the authority to require financial statement reporting from any local crime stoppers program receiving any type of public funding, including, but not limited to, surcharges, assessments, fees or other funds paid directly to a local crime stoppers program by a municipal or county agency, including funds received under Section 45-39-17 .
Miss. Code Ann. § 45-21-13 — MS Code / Title 45 / Chapter 11 / 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. § 45-43-11 — MS Code / Title 45 / Chapter 2 / Section 43-11
Miss. Code Ann. § 45-43-11
Status: in_force

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

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

(3) A pool yard enclosure modified on or after July 1, 2012, shall conform with this section and Sections 45-43-7 and 45-43-9 as a part of the modification.
Miss. Code Ann. § 45-27-7 — MS Code / Title 45 / Chapter 11 / Section 27-7
Miss. Code Ann. § 45-27-7
Status: in_force

(1) The Mississippi Justice Information Center shall:

(a) Develop, operate and maintain an information system which will support the collection, storage, retrieval and dissemination of all data described in this chapter, consistent with those principles of scope, security and responsiveness prescribed by this chapter.

(b) Cooperate with all criminal justice agencies within the state in providing those forms, procedures, standards and related training assistance necessary for the uniform operation of the statewide center.

(c) Offer assistance and, when practicable, instruction to all local law enforcement agencies in establishing efficient local records systems.

(d) Make available, upon request, to all local and state criminal justice agencies, to all federal criminal justice agencies and to criminal justice agencies in other states any information in the files of the center which will aid such agencies in the performance of their official duties. For this purpose the center shall operate on a twenty-four-hour basis, seven (7) days a week. Such information, when authorized by the director of the center, may also be made available to any other agency of this state or any political subdivision thereof and to any federal agency, upon assurance by the agency concerned that the information is to be used for official purposes only in the prevention or detection of crime or the apprehension of criminal offenders.

(e) Cooperate with other agencies of this state, the crime information agencies of other states, and the national crime information center systems of the Federal Bureau of Investigation in developing and conducting an interstate, national and international system of criminal identification and records.

(f) Make available, upon request, to nongovernmental entities or employers certain information for noncriminal justice purposes as specified in Section 45-27-12 .

(g) Institute necessary measures in the design, implementation and continued operation of the justice information system to ensure the privacy and security of the system. Such measures shall include establishing complete control over use of and access to the system and restricting its integral resources and facilities and those either possessed or procured and controlled by criminal justice agencies. Such security measures must meet standards developed by the center as well as those set by the nationally operated systems for interstate sharing of information.

(h) Provide data processing for files listing motor vehicle drivers' license numbers, motor vehicle registration numbers, wanted and stolen motor vehicles, outstanding warrants, identifiable stolen property and such other files as may be of general assistance to law enforcement agencies; provided, however, that the purchase, lease, rental or acquisition in any manner of “computer equipment or services,” as defined in Section 25-53-3, Mississippi Code of 1972 , shall be subject to the approval of the Mississippi Information Technology Services.

(i) Maintain a field coordination and support unit which shall have all the power conferred by law upon any peace officer of this state.

(2) The department, including the investigative division or the center, may:

(a) Obtain and store fingerprints, descriptions, photographs and any other pertinent identifying data from crime scenes and on persons who:

(i) Have been or are hereafter arrested or taken into custody in this state:

1. For an offense which is a felony;

2. For an offense which is a misdemeanor;

3. As a fugitive from justice; or

(ii) Are or become habitual offenders; or

(iii) Are currently or become confined to any prison, penitentiary or other penal institution; or

(iv) Are unidentified human corpses found in the state; or

(v) Have submitted fingerprints for conducting criminal history record checks.

(b) Compare all fingerprint and other identifying data received with that already on file and determine whether or not a criminal record is found for such person, and at once inform the requesting agency or arresting officer of those facts that may be disseminated consistent with applicable security and privacy laws and regulations. A record shall be maintained for a minimum of one (1) year of the dissemination of each individual criminal history, including at least the date and recipient of such information.

(c) Establish procedures to respond to those individuals who file requests to review their own records, pursuant to Sections 45-27-11 and 45-27-12 , and to cooperate in the correction of the central center records and those of contributing agencies when their accuracy has been successfully challenged either through the related contributing agencies or by court order issued on behalf of an individual.

(d) Retain in the system the fingerprints of all law enforcement officers and part-time law enforcement officers, as those terms are defined in Section 45-6-3 , any fingerprints sent by the Mississippi State Department of Health, and of all applicants to law enforcement agencies.

(3) There shall be a presumption that a copy of any document submitted to the center in accordance with the provisions of Section 45-27-9 that has been processed as set forth in this chapter and subsequently certified and provided by the center to a law enforcement agency or a court shall be admissible in any proceeding without further authentication unless a person objecting to that admissibility has successfully challenged the document under the provisions of Section 45-27-11 .
Miss. Code Ann. § 45-38-5 — MS Code / Title 45 / Chapter 1 / Section 38-5
Miss. Code Ann. § 45-38-5
Status: in_force

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

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

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

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

(i) A message board;

(ii) A chat room; or

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

(2) This chapter does not apply to:

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

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

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

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

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

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

(i) Professional networking;

(ii) Job skills;

(iii) Learning certifications;

(iv) Job posting; and

(v) Application services.

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

(a) On the Internet; or

(b) On a facility, system or network not under the control of the Internet service provider, provider's affiliate or subsidiary, search engine or cloud service provider.
Miss. Code Ann. § 45-33-34 — MS Code / Title 45 / Chapter 21 / Section 33-34
Miss. Code Ann. § 45-33-34
Status: in_force

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

(2) The offender, offender's guardian, offender's conservator or the administrator of the institution shall notify the department when a registered sex offender is committed to a mental institution for a reason other than the initial confinement following an acquittal by reason of insanity for a sex offense.
Miss. Code Ann. § 45-11-55 — MS Code / Title 45 / Chapter 3 / 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. § 45-7-5 — MS Code / Title 45 / Chapter 7 / Section 7-5
Miss. Code Ann. § 45-7-5
Status: in_force

(1) Subject to the provisions of subsection (2) of this section, the board of supervisors may compensate the county patrol officers in an amount not to exceed Five Hundred Dollars ($500.00) per month for any one (1) county; in no case shall any one (1) patrol officer receive compensation in excess of Two Hundred Dollars ($200.00) per month. In addition to such compensation, the board of supervisors may furnish the patrol officers means of transportation.

(2)(a) The board of supervisors of any county having a population of thirty-one thousand six hundred fifty-three (31,653) according to the 1960 federal decennial census, having a land area of nine hundred thirty-eight (938) square miles, and wherein U.S. Highway 49 and Mississippi Highway 16 intersect, may compensate the county patrol officers in an amount not to exceed One Thousand Dollars ($1,000.00) per month for any such county; in no case shall any one (1) patrol officer receive compensation in excess of Five Hundred Dollars ($500.00) per month.

(b) The board of supervisors of any county bordering on the Louisiana line and Mississippi River may fix the compensation of the county patrol officers at an amount not to exceed Four Hundred Dollars ($400.00) per month per patrol officer.

(c) The board of supervisors of any county bordering on the Mississippi River wherein is located a national park and cemetery, wherein U.S. Highways 80 and 61 intersect, and having a population in excess of forty-two thousand (42,000) according to the 1960 federal decennial census, may compensate the county patrol officers in an amount not to exceed One Thousand Five Hundred Dollars ($1,500.00) per month for any such county but in no case in excess of Five Hundred Dollars ($500.00) per month per officer.

(d) The board of supervisors of any Class 4 county bordering on the state of Alabama wherein U.S. Highway 98 and Mississippi Highway 63 intersect, having a land area of four hundred eighty-one (481) square miles, may, in its discretion, compensate each of its county patrol officers in an amount not in excess of Six Hundred Fifty Dollars ($650.00) per month.

(e) The board of supervisors of any county in which U.S. Highway 45 and Mississippi Highway 16 intersect may, in its discretion, compensate its county patrol officers in an amount not to exceed Six Hundred Dollars ($600.00) per month per patrol officer.

(f) The board of supervisors of any county in which the Natchez Trace Parkway and Mississippi Highway 35 intersect and which has a population according to the 1990 federal decennial census in excess of eighteen thousand four hundred (18,400), in its discretion, may compensate its county patrol officers in an amount not to exceed Two Thousand Dollars ($2,000.00) per month per patrol officer.
Miss. Code Ann. § 45-38-1 — MS Code / Title 45 / Chapter 12 / Section 38-1
Miss. Code Ann. § 45-38-1
Status: in_force

This chapter shall be known and may be cited as the “Walker Montgomery Protecting Children Online Act.”
Miss. Code Ann. § 45-43-3 — MS Code / Title 45 / Chapter 2 / 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. § 45-14-31 — MS Code / Title 45 / Chapter 10 / Section 14-31
Miss. Code Ann. § 45-14-31
Status: in_force

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

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

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

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

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

(3) The agency shall set the amount of the fees for all other radiological health services not specified in subsection (2) of this section, and any increase in the fees charged by the agency under this subsection shall be in accordance with the provisions of Section 41-3-65 .
Miss. Code Ann. § 45-17-3 — MS Code / Title 45 / Chapter 7 / Section 17-3
Miss. Code Ann. § 45-17-3
Status: in_force

When, in the judgment of the chief administrative officer of a municipality a civil emergency as defined herein is determined to exist, he shall forthwith proclaim in writing the existence of same, a copy of which proclamation will be filed with the clerk of the municipality.
Miss. Code Ann. § 45-17-3 — MS Code / Title 45 / Chapter 12 / Section 17-3
Miss. Code Ann. § 45-17-3
Status: in_force

When, in the judgment of the chief administrative officer of a municipality a civil emergency as defined herein is determined to exist, he shall forthwith proclaim in writing the existence of same, a copy of which proclamation will be filed with the clerk of the municipality.
Miss. Code Ann. § 45-11-23 — MS Code / Title 45 / Chapter 6 / Section 11-23
Miss. Code Ann. § 45-11-23
Status: in_force

Every proprietor or keeper of any hotel or lodging house of the kind mentioned in Section 45-11-21 , shall post notices in every room of the hotel or lodging house required to be provided with a rope or rope ladder or other appliance, calling attention to the fact that said section has been complied with, and designating the part of such room where the rope, rope ladder, or appliance is fastened, with general directions for its use.
Miss. Code Ann. § 45-34-11 — MS Code / Title 45 / Chapter 7 / Section 34-11
Miss. Code Ann. § 45-34-11
Status: in_force

The department shall promulgate rules in accordance with the Mississippi Administrative Procedures Law, Title 25, Chapter 43, Mississippi Code of 1972 , to effectuate the purposes of this chapter.
Miss. Code Ann. § 45-39-13 — MS Code / Title 45 / Chapter 39 / Section 39-13
Miss. Code Ann. § 45-39-13
Status: in_force

The establishment of any Crime Stoppers Advisory Council shall not impede the intent or process of the Vulnerable Adults Acts of 1986 as provided in Section 43-47-1 et seq.
Miss. Code Ann. § 45-23-27 — MS Code / Title 45 / Chapter 3 / Section 23-27
Miss. Code Ann. § 45-23-27
Status: in_force

If a license is lost or destroyed, a new license shall be issued in its place without another examination.
Miss. Code Ann. § 45-45-31 — MS Code / Title 45 / Chapter 10 / Section 45-31
Miss. Code Ann. § 45-45-31
Status: in_force

The provisions of this chapter are not retroactive unless otherwise stated and equipment shall be required to comply with the applicable code at the date of its installation or within the period determined by the Commissioner of Insurance. If, upon the inspection of any device covered by this chapter, the equipment is found in dangerous condition or there is an immediate hazard to those riding or using such equipment, the administrator shall notify the owner of the condition and any corrective action taken, or required by the administrator, and shall order such alterations or additions as may be deemed necessary to eliminate the dangerous condition. Further, upon a finding of a danger to the public, the administrator may order the immediate cessation of the use of such device.
Miss. Code Ann. § 45-33-37 — MS Code / Title 45 / Chapter 7 / Section 33-37
Miss. Code Ann. § 45-33-37
Status: in_force

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

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

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

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

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

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

(5) A DNA sample obtained in good faith shall be deemed to have been obtained in accordance with the requirements of this section. Any entry into the database which is found to be erroneous shall not prohibit law enforcement officials from the legitimate use of information in the furtherance of a criminal investigation.
Miss. Code Ann. § 45-14-35 — MS Code / Title 45 / Chapter 11 / Section 14-35
Miss. Code Ann. § 45-14-35
Status: in_force

Ordinances, resolutions or regulations, now or hereafter in effect, of the governing body of a municipality or county or the political entity relating to sources of radiation shall not be superseded by this chapter; provided, that such ordinances or regulations are and continue to be no more restrictive than, and consistent and compatible with, the provisions of this chapter, as amended, and rules and regulations promulgated by the agency.
Miss. Code Ann. § 45-39-13 — MS Code / Title 45 / Chapter 33 / Section 39-13
Miss. Code Ann. § 45-39-13
Status: in_force

The establishment of any Crime Stoppers Advisory Council shall not impede the intent or process of the Vulnerable Adults Acts of 1986 as provided in Section 43-47-1 et seq.
Miss. Code Ann. § 45-11-105 — MS Code / Title 45 / Chapter 1 / Section 11-105
Miss. Code Ann. § 45-11-105
Status: in_force

(1) The Mississippi Fire Prevention Code shall be enforced by the State Fire Marshal and such other persons as authorized thereby, including for this reason any county or municipal fire prevention personnel, pertaining to the prevention, inspection or investigation of fires. The State Chief Deputy Fire Marshal and deputy fire marshals shall have the status and powers of a law enforcement officer in performing their duties under the Mississippi Fire Prevention Code as authorized by standards set by Section 45-11-103, Mississippi Code of 1972 . The State Chief Deputy Fire Marshal and deputy fire marshals serving under permanent appointment on January 1, 1992, shall not be required to meet any requirements of Section 45-6-11 of the Mississippi Code of 1972 . The State Fire Marshal is authorized and empowered to promulgate rules and regulations for the enforcement of the Mississippi Fire Prevention Code.

(2) Applications for fire safety inspections shall be filed with the Office of the State Fire Marshal. An inspection fee of not less than One Hundred Dollars ($100.00) and reasonable and necessary travel expenses as provided under Section 25-3-41, Mississippi Code of 1972 , shall be assessed for each inspection conducted by the Office of the State Fire Marshal and shall be paid to the Office of the State Fire Marshal.

(3) The inspection fee and expenses authorized under subsection (2) shall not be assessed for the inspection of buildings owned by the State of Mississippi or its political subdivisions or for inspections conducted by local fire departments or other local agencies with authority to conduct inspections or for the inspection of buildings used for religious assemblies.
Miss. Code Ann. § 45-11-3 — MS Code / Title 45 / Chapter 5 / Section 11-3
Miss. Code Ann. § 45-11-3
Status: in_force

Whenever the State Chief Deputy Fire Marshal, or his authorized representative, shall be advised by interested persons of a dangerous or hazardous inflammable condition existing in any building that would tend to impair the safety of persons or property, he shall take proper proceedings, including furnishing of all information in regard thereto to the Attorney General who shall, if he finds such evidence sufficient, bring injunctive proceedings to have the condition corrected. Provided that this section may not apply in any instance where local fire departments or other local agencies have the authority to correct such conditions.

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.

From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
Miss. Code Ann. § 45-45-33 — MS Code / Title 45 / Chapter 9 / Section 45-33
Miss. Code Ann. § 45-45-33
Status: in_force

This chapter shall not be construed to relieve or lessen the responsibility or liability of any person, firm, or corporation owning, operating, controlling, maintaining, erecting, constructing, installing, altering, inspecting, testing, or repairing any elevator or other related mechanism covered by this chapter for damages to person or property caused by any defect therein, nor does the state assume any such liability or responsibility therefor or any liability to any person for whatsoever reason by the enactment of this chapter or any acts or omissions arising hereunder.
Miss. Code Ann. § 45-33-57 — MS Code / Title 45 / Chapter 15 / Section 33-57
Miss. Code Ann. § 45-33-57
Status: in_force

(1) The Department of Public Safety may adopt regulations to establish fees to be charged for information requests under this chapter.

(2) The Department of Public Safety may adopt regulations to establish fees to be charged to registrants for registration, reregistration, and verification or change of address.

(3) Regulations promulgated under this section shall be duly filed with the Secretary of State under the Administrative Procedures Act.
Miss. Code Ann. § 45-35-63 — MS Code / Title 45 / Chapter 27 / Section 35-63
Miss. Code Ann. § 45-35-63
Status: in_force

The department shall require an applicant for an identification card for persons with disabilities to furnish a birth certificate or other verifiable evidence stating the applicant's birth date.
Miss. Code Ann. § 45-45-13 — MS Code / Title 45 / Chapter 23 / Section 45-13
Miss. Code Ann. § 45-45-13
Status: in_force

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

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

(3) Exceptions and variances from the literal requirements of applicable standards and regulations may be granted in cases where an exception or variance would not jeopardize the public safety and welfare.
Miss. Code Ann. § 45-27-11 — MS Code / Title 45 / Chapter 2 / Section 27-11
Miss. Code Ann. § 45-27-11
Status: in_force

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

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

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

Agencies, including the center, at which criminal offender records are sought to be inspected may prescribe reasonable hours and places of inspection and may impose such additional procedures, fees or restrictions, including fingerprinting, as are reasonably necessary both to assure the record's security, to verify the identities of those who seek to inspect them and to maintain an orderly and efficient mechanism for such access.
Miss. Code Ann. § 45-11-71 — MS Code / Title 45 / Chapter 7 / Section 11-71
Miss. Code Ann. § 45-11-71
Status: in_force

In the interest of public safety, any person who engages in the sale of burglar bars to the public shall comply with 1105.7 of the Standard Building Code of the Southern Building Code Congress International, as revised.
Miss. Code Ann. § 45-21-15 — MS Code / Title 45 / Chapter 15 / Section 21-15
Miss. Code Ann. § 45-21-15
Status: in_force

The county board of health of the county in which such event is to be held shall inspect, within seventy-two (72) and at a time no later than forty-eight (48) hours before the commencement of such event, the location or site of such event to determine whether the holder of the permit has complied with the specifications and plans certified by the state board of health. After notifying the holder of such permit of the specific items with which substantial compliance does not exist and if the holder of such permit fails to comply within twenty-four (24) hours with those items specified in the inspection as not in substantial compliance with the specifications and plans certified by the state board of health, such county board of health shall notify the sheriff of such county of the lack of substantial compliance.
Miss. Code Ann. § 45-15-1 — MS Code / Title 45 / Chapter 7 / Section 15-1
Miss. Code Ann. § 45-15-1
Status: in_force

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

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

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

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

(d) “Authorized person” means:

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

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

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

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

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

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

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

(f) “Warning sign” means a weather-resistant sign of not less than seven (7) inches by ten (10) inches reading as follows: “DANGER-UNLAWFUL TO OPERATE THIS EQUIPMENT NEARER THAN 10 FEET TO HIGH VOLTAGE OVERHEAD LINES.”
Miss. Code Ann. § 45-15-5 — MS Code / Title 45 / Chapter 12 / Section 15-5
Miss. Code Ann. § 45-15-5
Status: in_force

No person shall permit any employee to do any of the things prohibited in Section 45-15-3 .
Miss. Code Ann. § 45-35-63 — MS Code / Title 45 / Chapter 1 / Section 35-63
Miss. Code Ann. § 45-35-63
Status: in_force

The department shall require an applicant for an identification card for persons with disabilities to furnish a birth certificate or other verifiable evidence stating the applicant's birth date.
Miss. Code Ann. § 45-9-205 — MS Code / Title 45 / Chapter 6 / Section 9-205
Miss. Code Ann. § 45-9-205
Status: in_force

As used in Sections 45-9-201 through 45-9-209 , the following words shall have the meanings as defined in this section, unless the context clearly indicates otherwise:

(a) “ Customer ” means any resident of Mississippi engaged in a payment card transaction that a financial institution facilitates or processes.

(b) “ Disclosure ” or “ disclose ” means the transfer, publication, or distribution of protected financial information to another person or entity for any purpose other than: (i) to process or facilitate a payment card transaction; or (ii) to take any actions related to dispute processing, fraud management, or protecting transaction integrity from concerns related to illegal activities, breach or cyber risks.

(c) “ Financial institution ” means an entity involved in facilitating or processing a payment card transaction, including, but not limited to, a bank, an acquirer, payment card network, or payment card issuer.

(d) “ Financial record ” means a record held by a financial institution related to a payment card transaction that the financial institution has processed or facilitated.

(e) “ Firearms retailer ” means any person or entity physically located in the State of Mississippi engaged in the lawful business of selling or trading firearms or ammunition to be used in firearms.

(f) “ Firearms code ” means the Merchant Category Code 5723 approved in September 2022 by the International Organization for Standardization for firearms retailers.

(g) “ Government entity ” means any county or municipality, or state board, commission, agency, bureau, department, or any other political subdivision of the state.

(h) “ Protected financial information ” means any record of a sale, purchase, return, or refund involving a payment card that is retrieved, characterized, generated, labeled, sorted, or grouped based on the assignment of a firearms code.
Miss. Code Ann. § 45-23-41 — MS Code / Title 45 / Chapter 13 / Section 23-41
Miss. Code Ann. § 45-23-41
Status: in_force

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

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

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

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

Air tanks used to inflate automobile tires shall be exempt from the inspection requirements of this section.
Miss. Code Ann. § 45-33-34 — MS Code / Title 45 / Chapter 9 / Section 33-34
Miss. Code Ann. § 45-33-34
Status: in_force

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

(2) The offender, offender's guardian, offender's conservator or the administrator of the institution shall notify the department when a registered sex offender is committed to a mental institution for a reason other than the initial confinement following an acquittal by reason of insanity for a sex offense.
Miss. Code Ann. § 45-39-15 — MS Code / Title 45 / Chapter 34 / Section 39-15
Miss. Code Ann. § 45-39-15
Status: in_force

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

This chapter shall not repeal or affect any local and private act establishing a county or local crime stoppers program providing for the operation and funding of such program.
Miss. Code Ann. § 45-10-3 — MS Code / Title 45 / Chapter 10 / Section 10-3
Miss. Code Ann. § 45-10-3
Status: in_force

A person may not sell at retail, offer for retail sale or distribute for retail sale or promotion in this state a novelty lighter. A person who violates this section commits a civil violation for which a fine of not more than Five Hundred Dollars ($500.00) may be imposed.
Miss. Code Ann. § 45-35-13 — MS Code / Title 45 / Chapter 12 / Section 35-13
Miss. Code Ann. § 45-35-13
Status: in_force

(1) No person shall:

(a) Display, or cause or permit to be displayed, or have in his possession, any cancelled, fictitious, fraudulently altered or fraudulently obtained identification cards;

(b) Lend an identification card to any person or knowingly permit the use thereof by another;

(c) Display or represent any identification card not issued to him as being his card;

(d) Permit any unlawful use of an identification card issued to him;

(e) Do any act forbidden or fail to perform any act required by this article;

(f) Photograph, photostat, duplicate or in any way reproduce, manufacture, sell or distribute any identification card or facsimile thereof so that it could be mistaken for a valid identification card; or

(g) Display or have in his possession any photograph, photostat, duplicate, reproduction or facsimile of an identification card unless authorized by the provisions of this article.

(2) Any person convicted of a violation of any provision of paragraph (a), (b), (c), (d), (e) or (g) of subsection (1) of this section is guilty of a misdemeanor and shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment.

(3) Any person under twenty-one (21) years of age at the time of the offense who is convicted of a violation of paragraph (f) of subsection (1) of this section shall be punished as follows:

(a) A first offense shall be a misdemeanor punishable by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment for not more than six (6) months, or by both such fine and imprisonment.

(b) A second or subsequent offense, the offenses being committed within a period of five (5) years, shall be a misdemeanor punishable by a fine of not more than Five Thousand Dollars ($5,000.00), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment.

(4) Any person twenty-one (21) years of age or older at the time of the offense who is convicted of a violation of paragraph (f) of subsection (1) of this section is guilty of a felony and shall be punished by a fine of not less than Five Thousand Dollars ($5,000.00), or imprisonment for not more than three (3) years, or by both such fine and imprisonment.
Miss. Code Ann. § 45-45-23 — MS Code / Title 45 / Chapter 13 / Section 45-23
Miss. Code Ann. § 45-45-23
Status: in_force

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

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

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

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

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

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

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

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

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

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

(6) The commissioner may by rules and regulations establish a fee schedule for the permits and certifications issued under this section. The fee schedule must be similar to fees charged for the same services in surrounding states.
Miss. Code Ann. § 45-14-37 — MS Code / Title 45 / Chapter 3 / Section 14-37
Miss. Code Ann. § 45-14-37
Status: in_force

Any person who willfully and knowingly violates any provisions of this chapter or rules and regulations promulgated hereunder, or who hinders, obstructs or otherwise interferes with any authorized representative of the agency in the discharge of his official duties in making inspections as provided in Section 45-14-15(1) or in impounding sources of radiation as provided in Section 45-14-23 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), or imprisoned for not more than thirty (30) days, or both such fine and imprisonment.
Miss. Code Ann. § 45-49-3 — MS Code / Title 45 / Chapter 39 / 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. § 45-7-25 — MS Code / Title 45 / Chapter 3 / Section 7-25
Miss. Code Ann. § 45-7-25
Status: in_force

The board of supervisors is authorized and empowered, in its discretion, to acquire radio transmitting and receiving equipment for use by said patrol officers in the performance of their duties.
Miss. Code Ann. § 45-45-25 — MS Code / Title 45 / Chapter 17 / 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. § 45-23-51 — MS Code / Title 45 / Chapter 4 / Section 23-51
Miss. Code Ann. § 45-23-51
Status: in_force

After twelve (12) months following the date of issuance of the rules and regulations by the board, it shall be unlawful for any person, firm, partnership or corporation to operate in this state or its territories a boiler or pressure vessel, except a boiler and/or pressure vessel covered by owner or user inspection service as provided for in Sections 45-23-43 and 45-23-45 , without a valid inspection certificate. The operation of a boiler or pressure vessel without such inspection certificate, or at a pressure exceeding that specified in such inspection certificate, shall constitute a misdemeanor on the part of the owner, user or operator thereof and shall be punishable by a fine not exceeding Five Hundred Dollars ($500.00) or imprisonment not to exceed six (6) months, or both. Each day of such unlawful operation shall be deemed a separate offense.
Miss. Code Ann. § 45-35-57 — MS Code / Title 45 / Chapter 1 / Section 35-57
Miss. Code Ann. § 45-35-57
Status: in_force

The face of the identification card for persons with disabilities shall bear the word “TRANSPORTATION” with a box or blank space adjacent thereto. The issuer of the card shall place an “X” in such box or blank space if the applicant's disability creates mobility limitations which prevent him or her from climbing stairs or otherwise from entering normally designed buses or other vehicles normally used for public transportation. When so marked, the identification card for persons with disabilities shall serve as sufficient proof of the need for special transportation services for persons with disabilities provided by any entity in this state.
Miss. Code Ann. § 45-9-83 — MS Code / Title 45 / Chapter 9 / Section 9-83
Miss. Code Ann. § 45-9-83
Status: in_force

(1) This section applies to:

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

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

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

(d) A district attorney or other prosecuting attorney.

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

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

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

(b) State funds for the entity must be denied for the fiscal year following the year in which a final judicial determination in an action brought under this section is made that the entity has violated subsection (2)(a) of this section.
Miss. Code Ann. § 45-27-13 — MS Code / Title 45 / Chapter 11 / Section 27-13
Miss. Code Ann. § 45-27-13
Status: in_force

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

(2) Any person who knowingly discloses or attempts to disclose the techniques or methods employed to ensure the security and privacy of information or data contained in criminal justice information systems, except in accordance with this chapter, shall for each such offense be fined not more than Five Thousand Dollars ($5,000.00) or be imprisoned for not more than two (2) years in the custody of the Department of Corrections, or both.
Miss. Code Ann. § 45-43-1 — MS Code / Title 45 / Chapter 10 / Section 43-1
Miss. Code Ann. § 45-43-1
Status: in_force

This chapter shall be known and cited as the “William Lee Montjoy Pool Safety Act.”
Miss. Code Ann. § 45-10-1 — MS Code / Title 45 / Chapter 5 / 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. § 45-43-3 — MS Code / Title 45 / Chapter 21 / 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. § 45-14-31 — MS Code / Title 45 / Chapter 4 / Section 14-31
Miss. Code Ann. § 45-14-31
Status: in_force

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

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

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

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

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

(3) The agency shall set the amount of the fees for all other radiological health services not specified in subsection (2) of this section, and any increase in the fees charged by the agency under this subsection shall be in accordance with the provisions of Section 41-3-65 .
Miss. Code Ann. § 45-23-15 — MS Code / Title 45 / Chapter 13 / Section 23-15
Miss. Code Ann. § 45-23-15
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) Air receiving tanks and attached tanks used in connection with automobile filling stations that do not exceed fifteen (15) cubic feet in volume and two hundred fifty (250) psig pressure and that are used primarily to increase air pressure in automobile tires.
Miss. Code Ann. § 45-49-3 — MS Code / Title 45 / Chapter 15 / 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. § 45-35-55 — MS Code / Title 45 / Chapter 34 / Section 35-55
Miss. Code Ann. § 45-35-55
Status: in_force

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

(2) The identification card for persons with temporary disabilities shall be issued to a person with a temporary disability upon presentation of a sworn affidavit of at least one (1) medical doctor attesting to the disability and estimating the duration of the disability. Temporary disability identification cards shall be issued for periods of six (6) months. A current affidavit of a medical doctor attesting to the continuance of the disability shall be presented at each request for renewal thereafter.
Miss. Code Ann. § 45-33-32 — MS Code / Title 45 / Chapter 7 / 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. § 45-21-13 — MS Code / Title 45 / Chapter 13 / 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. § 45-21-13 — MS Code / Title 45 / Chapter 2 / 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 23 / Section 23-9
Miss. Code Ann. § 45-23-9
Status: in_force

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

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

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

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

(3) Notice of the hearing shall give the time and place of the hearing and shall state the matters to be considered. Such notice shall be given to all persons directly affected by such hearing. In the event all persons directly affected are unknown, notice shall be perfected by publication in a newspaper of general circulation in the Northern, Central and Southern Supreme Court Districts of this state at least thirty (30) days prior to such hearing.
Miss. Code Ann. § 45-33-28 — MS Code / Title 45 / Chapter 21 / Section 33-28
Miss. Code Ann. § 45-33-28
Status: in_force

(1) Notwithstanding any other provision of the law to the contrary, during a declaration of emergency, any person who has been required to register as a sex offender as provided in this chapter who enters an emergency shelter, within the first twenty-four (24) hours of admittance, shall notify the management of the facility, the sheriff of the county in which the shelter is located and the chief of police of the municipality, if the shelter is located in a municipality, of the person's sex offender status. The sex offender shall provide his full name, date of birth, social security number, and last address of registration prior to the declaration of emergency. Within seventy-two (72) hours of receiving the notification required by the provisions of this subsection, the sheriff and chief of police shall forward that information to the department.

(2) The manager or director of the emergency shelter shall make a reasonable effort to notify the chief law enforcement officer of the county or municipality in which the shelter is located of the presence of the sex offender in the emergency shelter. No person associated with a nonprofit organization that operates an emergency shelter shall be liable for any injury or claim arising out of the failure of the manager or operator to communicate the presence of a sex offender in the shelter to the appropriate law enforcement official.
Miss. Code Ann. § 45-21-1 — MS Code / Title 45 / Chapter 2 / 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. § 45-45-21 — MS Code / Title 45 / Chapter 13 / 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. § 45-39-7 — MS Code / Title 45 / Chapter 23 / Section 39-7
Miss. Code Ann. § 45-39-7
Status: in_force

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

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

(3) Records of the council or a local crime stoppers program concerning a report of criminal activity and records of a telecommunication service provider relating to a report made to the council or to a local crime stoppers program may not be compelled to be produced before a court or other tribunal except on the motion of a criminal defendant to the court in which the offense is being tried that the records or report contain evidence that is exculpatory to the defendant in the trial of that offense. On motion of a defendant under this subsection, the court may subpoena the records or report. The court shall conduct an in-camera inspection of materials produced under subpoena to determine whether the materials contain evidence that is exculpatory to the defendant. If the court determines that the materials produced contain evidence that is exculpatory to the defendant, the court shall present the evidence to the defendant in a form that does not disclose the identity of the person who was the source of the evidence, unless the state or federal constitution requires the disclosure of that person's identity. The court shall execute an affidavit accompanying the disclosed materials swearing that, in the opinion of the court, the materials disclosed represent the exculpatory evidence the defendant is entitled to receive under this section. The court shall return to the council or to the local crime stoppers program materials that are produced under this section but not disclosed to the defendant. The council or local crime stoppers program shall store the materials until the conclusion of the criminal trial and the expiration of the time for all direct appeals in the case.
Miss. Code Ann. § 45-4-9 — MS Code / Title 45 / Chapter 4 / Section 4-9
Miss. Code Ann. § 45-4-9
Status: in_force

(1)(a) After January 1, 2000, no person shall be appointed or employed as a jail officer or a part-time jail officer unless that person has been certified as being qualified under subsection (3) of this section.

(b) No person who is required to be certified shall be appointed or employed as a jail officer by any sheriff or police department for a period to exceed two (2) years without being certified. The prohibition against the appointment or employment of a jail officer for a period not to exceed two (2) years may not be nullified by terminating the appointment or employment of such a person before the expiration of the time period and then rehiring the person for another period. Any person who, due to illness or other events beyond his control, as may be determined by the Board on Jail Officer Standards and Training, does not attend the required school or training as scheduled, may serve with full pay and benefits in such a capacity until he can attend the required school or training.

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

(2) Jail officers serving under permanent appointment on January 1, 2000, shall not be required to meet certification requirements of this section as a condition of continued employment; nor shall failure of any such jail officer to fulfill such requirements make that person ineligible for any promotional examination for which that person is otherwise eligible. If any jail officer certified under this chapter leaves his employment and does not become employed as a jail officer within two (2) years from the date of termination of his prior employment, he shall be required to comply with board policy as to rehiring standards in order to be employed as a jail officer.

(3) In addition to the other requirements of this section, the Board on Jail Officer Standards and Training, by rules and regulations consistent with other provisions of law, shall fix other qualifications for the employment of jail officers, including education, physical and mental standards, citizenship, good moral character, experience and such other matters as relate to the competence and reliability of persons to assume and discharge the responsibilities of jail officers, and the board shall prescribe the means for presenting evidence of fulfillment of these requirements. Additionally, the board shall fix qualifications for the appointment or employment of part-time jail officers to essentially the same standards and requirements as jail officers. The board shall develop and implement a part-time jail officer training program that meets the same performance objectives and has essentially the same or similar content as the programs approved by the board for full-time jail officers.

(4)(a) The Board on Jail Officer Standards and Training shall issue a certificate evidencing satisfaction of the requirements of subsections (1) and (3) of this section to any applicant who presents such evidence as may be required by its rules and regulations of satisfactory completion of a program or course of instruction in another jurisdiction equivalent in content and quality to that required by the board for approved jail officer education and training programs in this state.

(b) The Board on Jail Officer Standards and Training shall issue a certificate to any person who successfully completes the Mississippi Department of Corrections' training program for correctional officers of regional jails.

(c) The Board on Jail Officer Standards and Training shall develop and train persons seeking certification as a correctional officer in the prevention of racial profiling. The provisions of this paragraph shall apply to all recruits who begin training on or after January 1, 2005.

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

(a) The certificate was issued by administrative error;

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

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

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

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

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

(7) Any jail officer aggrieved by the final findings and order of the board may file an appeal with the chancery court of the county in which the person is employed. The appeal must be filed within thirty (30) days of the final order.

(8) Any jail officer whose certification has been cancelled may reapply for certification, but not sooner than two (2) years after the date on which the order canceling the certification becomes final.
Miss. Code Ann. § 45-17-9 — MS Code / Title 45 / Chapter 5 / Section 17-9
Miss. Code Ann. § 45-17-9
Status: in_force

Municipalities may provide by ordinance that any person violating the provisions of orders issued by the chief administrative officer pursuant to this authorization during a proclaimed civil emergency be guilty of a misdemeanor and be punished by a fine not exceeding Three Hundred Dollars ($300.00) or six (6) months imprisonment, or both such fine and imprisonment.
Miss. Code Ann. § 45-43-21 — MS Code / Title 45 / Chapter 14 / 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. § 45-45-17 — MS Code / Title 45 / Chapter 17 / Section 45-17
Miss. Code Ann. § 45-45-17
Status: in_force

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

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

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

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

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

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

(4) Any person, sole proprietor, firm or corporation whose license is revoked suspended or subject to civil penalty, or whose license application is denied, may appeal from such determination to the Chancery Court of the First Judicial District of Hinds County, Mississippi, within twenty (20) days of the final ruling.
Miss. Code Ann. § 45-33-25 — MS Code / Title 45 / Chapter 1 / 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.