MISSISSIPPI LEGISLATURE REGULAR SESSION 2013

By: Representatives Sullivan, Weathersby, To: Agriculture Dixon

HOUSE BILL NO. 770

1 AN ACT TO AUTHORIZE THE FAIR COMMISSION TO HIRE 2 AND DESIGNATE LAW ENFORCEMENT OFFICERS ON A CONTRACTUAL BASIS TO 3 PROVIDE SECURITY AND ENFORCE LAWS OF THE STATE ON THE MISSISSIPPI 4 STATE FAIRGROUNDS COMPLEX; TO REQUIRE SUCH OFFICERS TO COMPLETE 5 THE LAW ENFORCEMENT TRAINING ACADEMY; TO REQUIRE THE COMMISSION TO 6 MAINTAIN A COMPLETE RECORD OF ALL LAW ENFORCEMENT TRAINING OF EACH 7 EMPLOYEE IN HIS OR HER RECORD OF EMPLOYMENT; TO PRESCRIBE THE 8 POWERS, DUTIES AND REQUIRED RESPONSIBILITIES OF SUCH OFFICERS; TO 9 AMEND SECTIONS 29-5-2, 29-5-77 AND 29-5-81, MISSISSIPPI CODE OF 10 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; AND FOR RELATED 11 PURPOSES. 12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

13 SECTION 1. (1) The Mississippi Fair Commission is 14 authorized to hire and designate area law enforcement officers on 15 a contractual basis to provide security and to enforce all laws of 16 the State of Mississippi on the Mississippi State Fairgrounds 17 Complex. All officers must have attended and satisfactorily

18 completed the training course required for law enforcement 19 officers at the Law Enforcement Officer's Training Academy or an 20 equivalent facility. All officers must be current with this 21 certification. A complete record of all law enforcement training 22 of each employee will be maintained in each employee's record of

H. B. No. 770 *HR40/R1671* ~ OFFICIAL ~ G1/2 13/HR40/R1671 PAGE 1 (DJ\BD) 23 employment. Furthermore, the Mississippi Fair Commission may 24 enter into a contract with any certified law enforcement officer 25 to provide security to the Mississippi Fair Commission with 26 jurisdiction to enforce all laws of the State of Mississippi on 27 property known as the "Mississippi State Fairgrounds Complex" and 28 any and all of its outlying buildings and property.

29 (2) (a) All officers while in performance of their duty on 30 the premises or at any of the facilities under the direction or 31 control of the Mississippi State Fair Commission and public 32 property immediately adjacent to such facilities shall: 33 (i) Be required to dress in uniforms prescribed by 34 the Mississippi State Fair Commission; and 35 (ii) Be authorized to carry weapons.

36 (b) Employees designated as officers shall be duly 37 sworn and vested with authority to bear arms and make arrests, and 38 shall exercise primarily the responsibilities of the prevention 39 and detection of crime, the apprehension of criminals, and the 40 enforcement of the ordinances and policies of the Mississippi

41 State Fair Commission, a political subdivision of the State of 42 Mississippi. Employees designated as such officers shall be

43 considered law enforcement officers within the meaning of Section 44 45-6-3.

45 SECTION 2. Section 29-5-2, Mississippi Code of 1972, is 46 amended as follows:

H. B. No. 770 *HR40/R1671* ~ OFFICIAL ~ 13/HR40/R1671 PAGE 2 (DJ\BD) 47 29-5-2. The duties of the Department of Finance and 48 Administration shall be as follows: 49 (a) (i) To exercise general supervision and care over 50 and keep in good condition the following state property located in 51 the City of Jackson: the New State Capitol Building, the Woolfolk 52 State Office Building, the Carroll Gartin Justice Building, the

53 Walter Sillers Office Building, the War Veterans' Memorial 54 Building, the Charlotte Capers Building, the William F. Winter 55 Archives and History Building, the Ike Sanford Veterans Affairs 56 Building, the Old State Capitol Building, the Governor's Mansion, 57 the Heber Ladner Building, the Burroughs Building, the Robert E. 58 Lee Office Building, the Robert E. Lee Parking Garage, the Manship 59 House Restoration and Visitor Center, the State Records Center,

60 the Robert G. Clark, Jr. Building, the Mississippi State 61 Fairgrounds Complex, and all other properties acquired in the same 62 transaction at the time of the purchase of the Robert E. Lee Hotel 63 property from the First Federal Savings and Loan Association of 64 Jackson, Mississippi, which properties are more particularly

65 described in a warranty deed heretofore executed and delivered on 66 April 22, 1969, and filed for record in the Office of the Chancery

67 Clerk of the First Judicial District of Hinds County, Mississippi, 68 located in Jackson, Mississippi, on April 25, 1969, at 9:00 a.m.,

69 and recorded in Deed Book No. 1822, Page 136 et seq., the Central 70 High Building, 101 Capitol Centre and the properties described in 71 Section 1 of Chapter 542, Laws of 2009.

H. B. No. 770 *HR40/R1671* ~ OFFICIAL ~ 13/HR40/R1671 PAGE 3 (DJ\BD) 72 (ii) To exercise general supervision and care over 73 and keep in good condition the Dr. Eldon Langston Bolton Building 74 located in Biloxi, Mississippi. 75 (iii) To exercise general supervision and care 76 over and keep in good condition the State Service Center, located 77 at the intersection of U.S. Highway 49 and John Merl Tatum

78 Industrial Drive in Hattiesburg, Mississippi. 79 (iv) To exercise general supervision and care over 80 and keep in good condition any property purchased, constructed or 81 otherwise acquired by the State of Mississippi for conducting 82 state business and not specifically under the supervision and care 83 by any other state entity, but which is reasonably assumed the 84 department would be responsible for such, as approved by the

85 Public Procurement Review Board. 86 (b) To assign suitable office space for the various 87 state departments, officers and employees who are provided with an 88 office in any of the buildings under the jurisdiction or control 89 of the Department of Finance and Administration. However, the

90 assignment of space in the New Capitol Building shall be 91 designated by duly passed resolution of the combined Senate Rules

92 Committee and the House Management Committee, meeting as a joint 93 committee, approved by the Lieutenant Governor and Speaker of the 94 House of Representatives. A majority vote of the members of the 95 Senate Rules Committee and a majority vote of the members of the 96 House Management Committee shall be required on all actions taken,

H. B. No. 770 *HR40/R1671* ~ OFFICIAL ~ 13/HR40/R1671 PAGE 4 (DJ\BD) 97 resolutions or reports adopted, and all other matters considered 98 by the full combined committee on occasions when the Senate Rules 99 Committee and the House Management Committee shall meet as a full 100 combined committee. 101 (c) To approve or disapprove with the concurrence of 102 the Public Procurement Review Board, any lease or rental

103 agreements by any state agency or department, including any state 104 agency financed entirely by federal and special funds, for space 105 outside the buildings under the jurisdiction of the Department of 106 Finance and Administration, including space necessary for parking 107 to be used by state employees who work in the Woolfolk Building, 108 the Carroll Gartin Justice Building or the Walter Sillers Office 109 Building. In no event shall any employee, officer, department,

110 federally funded agency or bureau of the state be authorized to 111 enter a lease or rental agreement without prior approval of the 112 Department of Finance and Administration and the Public 113 Procurement Review Board. 114 The Department of Finance and Administration is authorized to

115 use architects, engineers, building inspectors and other personnel 116 for the purpose of making inspections as may be deemed necessary

117 in carrying out its duties and maintaining the facilities. 118 The provisions of this paragraph (c) shall stand repealed on 119 July 1, 2014. 120 (d) To acquire by lease, lease-purchase agreement, or 121 otherwise, as provided in Section 27-104-107, and to assign

H. B. No. 770 *HR40/R1671* ~ OFFICIAL ~ 13/HR40/R1671 PAGE 5 (DJ\BD) 122 through the Office of General Services, by lease or sublease 123 agreement from the office, and with the concurrence of the Public 124 Procurement Review Board, to any state agency or department, 125 including any state agency financed entirely by federal and 126 special funds, appropriate office space in the buildings acquired.

127 SECTION 3. Section 29-5-77, Mississippi Code of 1972, is 128 amended as follows: 129 29-5-77. (1) The Department of Finance and Administration 130 shall have jurisdiction relative to the enforcement of all laws of 131 the State of Mississippi on the properties, from curb to curb 132 including adjoining streets, sidewalks and leased parking lots 133 within the Capitol complex, set forth in Section 29-5-2, the Court 134 of Appeals Building, the Mississippi Department of Transportation

135 Building and the Public Employees' Retirement System Building, and 136 any property purchased, constructed or otherwise acquired by the 137 State of Mississippi for conducting state business and not 138 specifically under the supervision and care by any other state 139 entity, but which is reasonably assumed the department would be

140 responsible for such, as approved by the Public Procurement Review 141 Board. The Department of Finance and Administration shall,

142 through any person or persons appointed by the Department of 143 Finance and Administration, or through the Department of Public 144 Safety when requested by the Department of Finance and 145 Administration, make arrests for any violation of any law of the 146 State of Mississippi on those grounds of or within those

H. B. No. 770 *HR40/R1671* ~ OFFICIAL ~ 13/HR40/R1671 PAGE 6 (DJ\BD) 147 properties. The Department of Finance and Administration shall 148 enforce the provisions of Sections 29-5-57 through 29-5-67, 149 29-5-71 through 29-5-77, and 29-5-81 through 29-5-95, and 150 prescribe such rules and regulations as are necessary therefor. 151 (2) When in the opinion of the Governor or, in his absence, 152 the Lieutenant Governor, it is readily apparent that an emergency

153 exists that the persons appointed by the Department of Finance and 154 Administration are unable to control in the accomplishment of the 155 provisions of Sections 29-5-57 through 29-5-67, 29-5-71 through 156 29-5-77, and 29-5-81 through 29-5-95 in regard to law enforcement, 157 then the Governor or, in his absence, the Lieutenant Governor, may 158 call upon the Department of Public Safety, members of which shall 159 have power to arrest and detain any persons violating the

160 provisions of those sections of law, until the person can be 161 brought before the proper authorities for trial. 162 (3) Subject to the approval of the Board of Trustees of 163 State Institutions of Higher Learning, the Board of Trustees and 164 the Department of Finance and Administration shall be authorized

165 to enter into a contract for the Department of Finance and 166 Administration to supply the security personnel with jurisdiction

167 to enforce all laws of the State of Mississippi on the property of 168 the Board of Trustees located at the corner of Ridgewood Road and 169 Lakeland Drive in the City of Jackson. 170 (4) (a) The Department of Finance and Administration and 171 the Department of Agriculture are authorized to enter into a

H. B. No. 770 *HR40/R1671* ~ OFFICIAL ~ 13/HR40/R1671 PAGE 7 (DJ\BD) 172 contract for the Department of Finance and Administration to have 173 jurisdiction and enforce all laws of the State of Mississippi on 174 the property of the Department of Agriculture located at 121 North 175 Jefferson Street and the new Farmer's Market Building located at 176 the corner of High and Jefferson Streets in the City of Jackson, 177 Hinds County, Mississippi. It is the intent of the Legislature

178 that the Department of Finance and Administration will not post 179 any security personnel at such buildings, but will provide regular 180 vehicle patrols and responses to security system alarms. 181 (b) The Department of Finance and Administration and 182 the Mississippi Fair Commission are authorized to enter into a 183 contract for the Department of Finance and Administration to have 184 jurisdiction and enforce all laws of the State of Mississippi on

185 the property of the Mississippi Fair Commission known as the 186 "Mississippi State Fairgrounds Complex" and any and all of its 187 outlying buildings and property. The Department of Finance and 188 Administration and the Mississippi Fair Commission are authorized 189 to enter into a contract for the Department of Finance and

190 Administration to supply the security personnel to the Mississippi 191 Fair Commission with jurisdiction to enforce all laws of the State

192 of Mississippi on this property and any and all buildings on this 193 property. 194 (5) The Department of Finance and Administration and the

195 * * * Department of Revenue are authorized to enter into a 196 contract for the Department of Finance and Administration to

H. B. No. 770 *HR40/R1671* ~ OFFICIAL ~ 13/HR40/R1671 PAGE 8 (DJ\BD) 197 supply the security personnel with jurisdiction to enforce all 198 laws of the State of Mississippi at the Alcoholic Beverage Control

199 facility and the * * * Department of Revenue main office. 200 SECTION 4. Section 29-5-81, Mississippi Code of 1972, is 201 amended as follows: 202 29-5-81. Grounds of public buildings over which the

203 Department of Finance and Administration has jurisdiction shall 204 comprise the following: 205 (a) In the City of Jackson, Mississippi: 206 (i) New State Capitol: Bounded on the north by 207 High Street, on the west by North West Street, on the south by 208 Mississippi Street, and on the east by North President Street; 209 (ii) Governor's Mansion: Bounded on the north by

210 Amite Street, on the west by North West Street, on the south by 211 Capitol Street and on the east by North Congress Street; 212 (iii) Woolfolk State Office Building: Bounded on 213 the north by High Street, on the west by Lamar Street, on the 214 south by Hamilton Street and on the east by North West Street;

215 (iv) Old State Capitol and War Veterans' Memorial 216 Building Complex: Bounded on the north by Amite Street, on the

217 west by North State Street and South State Street, on the south by 218 Pearl Street and on the east by property of the Gulf, Mobile and 219 Ohio Railroad Company; 220 (v) Carroll Gartin Justice Building and Walter 221 Sillers Office Building Complex: Bounded on the north by George

H. B. No. 770 *HR40/R1671* ~ OFFICIAL ~ 13/HR40/R1671 PAGE 9 (DJ\BD) 222 Street, on the west by North West Street, on the south by High 223 Street and on the east by North President Street; 224 (vi) Heber Ladner Building: Bounded on the north 225 by Mississippi Street, on the west by North Congress Street, on 226 the south by the property of Galloway Methodist Church used as a 227 parking lot and on the east by the property on which the

228 Mississippi Farm Bureau Federation Building stands; 229 (vii) State Board of Health Building: Bounded on 230 the north by Stadium Drive, on the west by the property of 231 Mississippi Hospital and Medical Service, on the southwest by 232 property on which is located a Standard Oil service station, on 233 the southeast by property leased by the Mississippi Federation of 234 Women's Clubs and on the east by North State Street;

235 (viii) Robert E. Lee Building and other properties 236 acquired in the same transaction: Particularly described in 237 warranty deed executed and delivered on April 22, 1969, and filed 238 for record in the Office of the Chancery Clerk of the First 239 Judicial District of Hinds County, Mississippi, located in

240 Jackson, Mississippi, on April 25, 1969, at 9:00 a.m., and 241 recorded in Deed Book No. 1822, Page 136 et seq.;

242 (ix) Charlotte Capers Building: Bounded on the 243 north by the Old Capitol Building, on the west by South State 244 Street, on the south by Pearl Street, and on the east by the 245 Illinois Central Railroad tracks;

H. B. No. 770 *HR40/R1671* ~ OFFICIAL ~ 13/HR40/R1671 PAGE 10 (DJ\BD) 246 (x) William F. Winter Archives and History 247 Building: Bounded on the north by Mississippi Street, on the west 248 by North Street, on the south by Amite Street, and on the east by 249 Jefferson Street; 250 (xi) Mayfair Building: Bounded on the north by 251 George Street, on the west by Northwest Street, on the south by

252 Walter Sillers Office Building complex, and on the east by North 253 President Street; 254 (xii) Court of Appeals Building: Bounded on the 255 west by North State Street, on the north by George Street, on the 256 east by North Street, and on the south by the building designated 257 as 654 North State Street, including the parking area east of and 258 adjacent to the 654 North State Street Building;

259 (xiii) Central High Building; 260 (xiv) 101 Capitol Centre: Located at 101 West 261 Capitol Street, Jackson, Mississippi; 262 (xv) Robert G. Clark, Jr. Building: Located at 263 301 North Lamar Street, Jackson, Mississippi;

264 (xvi) The Barefield Property, the Sun-n-Sand 265 Property and any other property described in Section 1 of Chapter

266 542, Laws of 2009 * * *; 267 (xvii) The Mississippi State Fairgrounds Complex, 268 including, but not limited to, the Mississippi Coliseum, 269 Trademart, Kirk Fordice Equine Center, Mississippi Street Armory, 270 and all arenas, barns, buildings, campgrounds and property

H. B. No. 770 *HR40/R1671* ~ OFFICIAL ~ 13/HR40/R1671 PAGE 11 (DJ\BD) 271 whatsoever; such property being bounded on the north by High 272 Street, on the west by Jefferson Street, on the east by Greymont 273 Street, and on the south by Greymont Street. 274 (b) The Dr. Eldon Langston Bolton Building: Located in 275 the City of Biloxi, Mississippi. 276 (c) The State Service Center: Located at the

277 intersection of U.S. Highway 49 and John Merl Tatum Industrial 278 Drive in the City of Hattiesburg, Mississippi. 279 (d) Any property purchased, constructed or otherwise 280 acquired by the State of Mississippi for conducting state business 281 and not specifically under the supervision and care by any other 282 state entity, but which is reasonably assumed the department would 283 be responsible for such, as approved by the Public Procurement

284 Review Board.

285 SECTION 5. This act shall take effect and be in force from 286 and after its passage.

H. B. No. 770 *HR40/R1671* ~ OFFICIAL ~ 13/HR40/R1671 ST: MS Fair Commission; authorize to contract PAGE 12 (DJ\BD) with DFA for providing law enforcement control at Mississippi State Fairgrounds Complex.