Bill Text: MS HB569 | 2020 | Regular Session | Introduced


Bill Title: Counties and municipalities; may enter into interlocal agreement to allow municipal officers to cover the duties of deputies who attend the funeral of an officer.

Spectrum: Bipartisan Bill

Status: (Failed) 2020-03-03 - Died In Committee [HB569 Detail]

Download: Mississippi-2020-HB569-Introduced.html

MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Municipalities

By: Representative McKnight

House Bill 569

AN ACT TO AMEND SECTION 21-21-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BOARD OF SUPERVISORS OF A COUNTY AND THE GOVERNING AUTHORITIES OF A MUNICIPALITY WITHIN THE COUNTY MAY ENTER INTO AN INTERLOCAL AGREEMENT THAT ALLOWS MUNICIPAL OFFICERS TO PROVIDE LAW ENFORCEMENT PROTECTION WITHIN THE COUNTY SO THAT SHERIFFS MAY ATTEND THE FUNERAL OF A FALLEN OFFICER OF THE SHERIFF'S DEPARTMENT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  The board of supervisors of a county and the governing authorities of a municipality within the county may enter into an interlocal agreement, as prescribed under Section 17-13-1, et. seq., that authorizes the municipality's police department to cover the duties of deputy sheriffs while members of the sheriff's department attend the funeral of a fallen officer of the sheriff's department.  Any such agreement must provide that a municipal officer be sworn as a deputy sheriff while operating pursuant to the interlocal agreement under this section.

     SECTION 2.  Section 21-21-1, Mississippi Code of 1972, is amended as follows:

     21-21-1.  The marshal or chief of police shall be the chief law enforcement officer of the municipality and shall have control and supervision of all police officers employed by said municipality.  The marshal or chief of police shall be an ex officio constable within the boundaries of the municipality, and he shall perform such other duties as shall be required of him by proper ordinance; however, the marshal or chief of police may operate outside the boundaries of the municipality pursuant to Section 1 of this act.  Before performing any of the duties of his office, the marshal or chief of police shall give bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in an amount to be determined by the municipal governing authority (which shall be not less than Fifty Thousand Dollars ($50,000.00)).  The premium upon said bond shall be paid from the municipal treasury.  If any marshal or chief of police shall fail to perform any of the duties of his office, it shall be the duty of the district attorney or county attorney upon receiving notice thereof to immediately file quo warranto proceedings against such official.

     The provisions of this section shall be applicable to all municipalities of this state, whether operating under a code charter, special charter, or the commission form of government, except in cases of conflict between the provisions of this section and the provisions of the special charter of a municipality, or the law governing the commission form of government, in which case of conflict the provisions of the special charter or the statutes relative to the commission form of government shall control.

     SECTION 3. This act shall take effect and be in force from and after its passage.


feedback