MISSISSIPPI LEGISLATURE REGULAR SESSION 2013 By
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MISSISSIPPI LEGISLATURE REGULAR SESSION 2013 By: Representatives Sullivan, Weathersby, To: Agriculture Dixon HOUSE BILL NO. 770 1 AN ACT TO AUTHORIZE THE MISSISSIPPI 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.