Mississippi Advisory Opinions December 22, 2006: No. 2006-00618 (December 22, 2006)

No. 2006-00618.

DOCK 2006-00618

Dear Mr. Huggins:

Attorney General Jim Hood has received your request for an official opinion and has assigned it to me for research and response. Your letter reads as follows:

(1) Is the county authorized by statute or other regulatory instrument to place on its county vehicles and road equipment signs and stickers which advertise the Crime Stoppers program and include the telephone number thereof?

(2) If the county is authorized to place such signs and stickers on its equipment, what limits exist as to the size of the sticker or sign that may be so attached?

The Legislature authorized the Crime Stoppers program, including the establishment of local Crime Stoppers programs, in Miss. Code Ann. Sections 45-39-1 et seq. (1972), the purpose of which is to encourage citizens to report criminal activity and offer rewards for so doing.

Miss. Code Ann. Section 19-3-40 (1972), the county "home rule" statute, provides as follows:

(1) The board of supervisors of any county shall have the power to adopt any orders, resolutions or ordinances with respect to county affairs, property and finances, for which no specific provision has been made by general law and which are not inconsistent with the Mississippi Constitution, the Mississippi Code of 1972, or any other statute or law of the State of Mississippi; and any such board shall likewise have the power to alter, modify and repeal such orders, resolutions or ordinances.

Except as otherwise provided in subsection (2) of this section, the powers granted to boards of supervisors in this section are complete without the existence of or reference to any specific authority granted in any other statute or law of the State of Mississippi.

Such orders, resolutions or ordinances shall apply countywide except when the governing authorities of any municipality situated within a county adopt any order, resolution or ordinance governing the same general subject matter. In such case the municipal order, resolution or ordinance shall govern within the corporate limits of the municipality.

(2) This section shall not authorize the board of supervisors of a county to (a) levy taxes other than those authorized by statute or increase the levy of any authorized tax beyond statutorily established limits, (b) issue bonds of any kind, (c) change the requirements, practices or procedures for county elections or establish any new elective office, (d) use any public funds, equipment, supplies or materials for any private purpose, (e) regulate common carrier railroads, (f) grant any donation, or (g) without prior legislative approval, regulate, directly or indirectly, the amount of rent charged for leasing private residential property in which the county does not have a property interest; unless such actions are specifically authorized by another statute or law of the State of Mississippi.

Our opinion is that pursuant to Section 19-3-40 the county board of supervisors may authorize placing on county vehicles signs, decals or stickers advertising the Crime Stoppers program, including the Crime Stoppers' program telephone number. The county must continue to comply with the vehicle identification and marking requirements contained Miss. Code Ann. Section 25-1-87 (1972). We find no restrictions in state law regarding the size of any such Crime Stopper advertisements placed on county vehicles.

Please let me know if you would like to discuss this matter or if I can be of further assistance.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

By:

Reese Partridge Special Assistant Attorney General