Young, 091384 MSAGO, 19840913

• Case Date: September 13, 1984
• Court: Mississippi

Ms. Carla Young No. 19840913 Mississippi Attorney General Opinions September 13, 1984          Ms. Carla Young          Justice Court Clerk          Pontotoc, Mississippi 38863          Re: Levying of Assessments           Dear Ms. Young:          Attorney General Edwin Lloyd Pittman has received your letter of August 8, 1984, and has assigned it to the undersigned for research and reply. Please find a copy of your letter for ready reference in which you ask the following questions:          Question No. 1:

         “The assessment charged on game and fish violations for hunter education is $2.00, does this include boating offenses such as no life preserver, no fire extinguisher, no numbers displayed, no registration, etc.?”

         Section 49-7-102, Mississippi Code, Annotated, 1972, as amended, applies only to “violations of the game and fish statutes or regulations of this state, . . . ”, and therefore boating safety violations would not be subject to this assessment.          Question No. 2:

         “How much do you charge on driver's education assessment if the fine is $15.00? $25.00? (37-25-15)”

         Section 37-25-15(a), Mississippi Code, Annotated, 1972, as amended, reads in part:

         “When a fine is imposed - two dollars ($2.00) for each twenty dollars ($20.00) of the fine, or fraction thereof.”

         It is the opinion of this office that the above language authorizes a $2.00 assessment on a fine of $15.00 as it is a fraction of $20.00 and an assessment of $4.00 as $25.00 is a fraction of the next highest $20.00 which is $40.00.          Question No. 3:

         “Please list the offenses involving violations of motor vehicle laws for driver's education, and explain the meaning of registration. Is registration defined as the car tag or the car's registration papers? (37-25-15)”

         Section 37-25-15, supra, reads in part:

         “. . . a penalty assessment on all offenses involving a violation of the motor vehicle laws of this state, or of a city or county ordinance relating to the operation of motor vehicles, . . . ”

         It is the opinion of this office that the language,violation of the motor vehicle laws, encompasses only those violations contained in Title 63 of the 1972 Mississippi Code. Please note that car registration in this particular context refers to car tags and, as such, is not made an offense which is set out in Title 63. Therefore, a driver education assessment would not be levied upon a...