Bill Text: MS HB1523 | 2010 | Regular Session | Introduced
Bill Title: County officials; provide those attacked by an animal while on duty with certain rights regarding the property/animal owner.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [HB1523 Detail]
Download: Mississippi-2010-HB1523-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Judiciary B
By: Representative Carpenter (By Request)
House Bill 1523
AN ACT TO PROVIDE COUNTY OFFICIALS AND EMPLOYEES WHO ARE ATTACKED BY AN ANIMAL WHILE ON OFFICIAL DUTY CERTAIN RIGHTS REGARDING THE PROPERTY/ANIMAL OWNER TO DETERMINE THAT THE ANIMAL DOES NOT HAVE RABIES; TO BRING FORWARD SECTION 41-53-11, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE HOLDING OF A DOG FOUND WITHOUT A RABIES VACCINATION TAG, AND SECTION 97-3-47, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT THE OWNER OF A DANGEROUS ANIMAL WHO KILLS A PERSON MAY BE CHARGED WITH MANSLAUGHTER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) When a county official or employee, whether elected or appointed, has a reason to be on private property in an official capacity and is attacked by an animal belonging to the owner of the property, the property owner shall be given the choice of either (a) boarding the animal with a licensed veterinarian for the appropriate time to check for rabies at the property owner's expense, or (b) having the animal destroyed immediately and tested for rabies by the State Department of Health. If the property owner makes the latter choice, the services provided by the licensed veterinarian shall also be paid by the property owner.
(2) If the animal who attacked the employee is unclaimed by the property owner, that animal shall be immediately destroyed and tested for rabies by State Department of Health. The cost of euthanizing the animal and preparing it for shipment to the State Department of Health shall be paid by the county.
(3) An animal that attacks a county employee on public property (i.e. the road right-of-way) shall be immediately destroyed and the same procedure shall be followed as for an unclaimed animal on private property, as provided in subsection (2) of this section.
(4) The county sheriff’s department shall enforce all proceedings in a timely manner when an incident occurs.
(5) If a county official or employee is attacked by an animal, the affected person has the right to inquire of the property owner about the animal's vaccination records, including the dates and names of the veterinarian(s) administering the vaccinations. It is within the discretion of the affected person whether to pursue this action, and the affected person may take no more than twenty—four (24) hours from the time of occurrence to take action on the matter. If the property/animal owner is uncooperative when the affected person attempts to ascertain the animal's vaccination records, the affected person shall notify the sheriff, who shall immediately detain the animal. Any retaliation, either verbal or physical, by the property/animal owner may be subject to litigation by the affected person.
(6) If the property/animal owner refuses to pay for animal's boarding during its detention, the cost of the boarding may be added to the property/animal owner’s property taxes that year.
(7) In return for cooperation with the affected person, upon satisfaction that a licensed veterinarian has determined after an appropriate period that the animal does not have rabies, the affected person may not seek damages against the property/animal owner.
(8) Any person who
willingly releases or fails to restrain a vicious animal for the express
purpose of interfering with an investigation, assessment, or other necessary
service provided by a county official or employee shall be subject to an
assault charge and the consequences of such a charge.
(9) Any person who willfully releases or fails to restrain a vicious
animal with the intent to distract or attack a law enforcement officer that
ultimately causes that officer's death may be deemed responsible for that death
and be charged accordingly.
(10) The county officials
and employees to which this act applies include, but are not limited to:
(a) Any of the following official persons who have reason to be on
private property as the result of the property owner calling 911 as a signal of
distress:
(i) Law enforcement officers;
(ii) Medical examiners/investigators;
(iii) Fire fighters (municipal or rural);
(iv) Emergency medical personnel (public or private, but responding as result of being dispatched by the county 911 operator);
(v) First responders; and
(vi) Crime scene investigators (any level of government);
(b) County road crews;
(c) County sanitation crews;
(d) Any law enforcement officer on official business;
(e) Tax assessor/appraiser employees;
(f) Medical examiners/investigators on property where the remains of a deceased human exist, regardless of the summoner or the nature of the deceased person's death; and
(g) Water service employees (municipal or rural).
SECTION 2. Section 41-53-11, Mississippi Code of 1972, is brought forward as follows:
41-53-11. (1) It shall be lawful and it shall be their duty for any sheriff, conservation officer or peace officer of a county or municipality to kill any dog above the age of three (3) months found running at large on whose neck there is no such collar and tag. No action shall be maintained by the owner for such killing. However, it shall be the duty of said officer who finds a dog or dogs running at large to first keep said dog or dogs for a period of five (5) days and notify the sheriff of said county that he has said dog or dogs, giving the sheriff a description of same. If anyone proves himself to be the owner of same, he shall pay said officer the sum of Fifty Cents (50¢) before the dog is delivered to the owner.
(2) It shall be the duty of any sheriff, conservation officer or peace officer of a county or municipality to kill or otherwise destroy any and all dogs above the age of three (3) months which are running at large and have not been inoculated (vaccinated) as required in this chapter.
SECTION 3. Section 97-3-47, Mississippi Code of 1972, is brought forward as follows:
97-3-47. Every other killing of a human being, by the act, procurement, or culpable negligence of another, and without authority of law, not provided for in this title, shall be manslaughter.
SECTION 4. This act shall take effect and be in force from and after July 1, 2010.
