Bill Text: MS HB514 | 2017 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: MS Transportation Commission; authorize to require its contractors to provide work zone safety operations.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Failed) 2017-02-28 - Died In Committee [HB514 Detail]

Download: Mississippi-2017-HB514-Introduced.html

MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Transportation

By: Representative Busby

House Bill 514

AN ACT TO AUTHORIZE THE MISSISSIPPI TRANSPORTATION COMMISSION TO UTILIZE SWORN OFFICERS OF THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION OFFICE OF LAW ENFORCEMENT OR OTHER LAW ENFORCEMENT OFFICERS IN THE ENFORCEMENT OF LAWS IN WORK ZONES; TO AUTHORIZE THE COMMISSION TO CONTRACT WITH GOVERNMENTAL ENTITIES THAT PROVIDE OFFICERS FOR WORK ZONE SAFETY OPERATIONS; TO PROVIDE CERTAIN POWERS TO THE SWORN OFFICERS OF THE MISSISSIPPI TRANSPORTATION COMMISSION OFFICE OF LAW ENFORCEMENT IN CARRYING OUT WORK ZONE SAFETY OPERATIONS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  The Mississippi Transportation Commission may, in its discretion, utilize officers from the Mississippi Department of Transportation Office of Law Enforcement, or require its contractors to provide payment for Mississippi Department of Transportation Office of Law Enforcement or other law enforcement officers to perform work zone safety operations which the commission determines are on high-volume roadways or on high-risk projects.  A law enforcement officer shall only provide work zone safety operation services in locations that are within the jurisdiction of the governmental entity employing the officer.  Such other terms as may be appropriate for the costs associated with work zone safety operations may be negotiated with the governmental entity providing such services.  This power shall be in addition to all other powers granted to the commission by Section 65-1-8.

     SECTION 2.  In order to perform work zone safety operations as provided in Section 1 of this act, the sworn officers of the Mississippi Transportation Commission Office of Law Enforcement are hereby invested with the following powers and duties, in addition to any other powers and duties provided by law, in enforcing the traffic laws of this state in or near any marked and designated transportation work zone:

          (a)  To enforce all of the traffic laws, rules and regulations of the State of Mississippi upon all highways of the state highway system and the rights-of-way of such highways and when any person commits an offense within or near a transportation work zone and is pursued by a member of the Office of Law Enforcement, such officer may pursue and apprehend the offender upon any of the highways or public roads of this state, or to any other place to which such offender may flee;

          (b)  To enforce all rules and regulations of the Commissioner of Public Safety and the Mississippi Transportation Commission promulgated in accordance with legal authority;

          (c)  To arrest without warrant any person or persons committing or attempting to commit any misdemeanor, felony or breach of the peace within the officer's presence or view, and to pursue and arrest any person committing such an offense to any place in the State of Mississippi where such offender may flee.  Nothing in this paragraph (d) shall be construed as granting the Office of Law Enforcement general police powers.

          (a)  When so directed by the Governor, to enforce any of the laws of this state upon any of the highways or public roads thereof; and

          (b)  To aid and assist any law enforcement officer whose life or safety is in jeopardy and may arrest without warrant any fugitive from justice who has escaped or who is using the highways of the state in an attempt to flee.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2017.

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