Bill Text: MS HB626 | 2014 | Regular Session | Introduced
Bill Title: Board of supervisions; authorize to grant authority to county administrator to declare a local emergency.
Sponsorship: Partisan Bill (Republican 2)
Status: (Failed) 2014-02-04 - Died In Committee [HB626 Detail]
Download: Mississippi-2014-HB626-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: County Affairs
By: Representatives Hamilton, Jennings
House Bill 626
AN ACT TO AMEND SECTION 33-15-17, MISSISSIPPI CODE OF 1972, TO PROVIDE AUTHORITY TO THE COUNTY BOARD OF SUPERVISORS TO PROVIDE AUTHORITY TO THE COUNTY ADMINISTRATOR OR DIRECTOR OF EMERGENCY MANAGEMENT TO DECLARE A LOCAL EMERGENCY SUBJECT TO RATIFICATION OF SUCH DECLARATION BY THE BOARD; TO AMEND SECTION 19-4-7, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 33-15-17, Mississippi Code of 1972, is amended as follows:
33-15-17. ( * * *1) Each county and municipality, or
counties and the municipalities therein acting jointly, or two (2) or more
counties acting jointly, of this state are hereby authorized and directed to
establish a local organization for emergency management in accordance with the
state emergency management plan and program, if required and authorized so to
do by such state emergency management plan. Each local organization for
emergency management shall have a director who shall be appointed by the
governing body of the political subdivision, or political subdivisions acting
jointly, and who shall have direct responsibility for the organization,
administration and operation of such local organization for emergency
management, subject to the direction and control of such governing body. Each
local organization for emergency management shall perform emergency management
functions within the territorial limits of the political subdivision within
which it is organized, and, in addition, shall conduct such functions outside
of such territorial limits as may be required pursuant to the provisions of the
state emergency management plan. Each county shall develop an emergency
management plan and program that is coordinated and consistent with the State
Comprehensive Emergency Management Plan and program. Counties that are part of
an interjurisdictional emergency management agreement entered into pursuant to
this section shall cooperatively develop an emergency management plan and
program that is coordinated and consistent with the state emergency management
plan and program.
( * * *2) In carrying out the provisions of
this article each county and municipality, or the two (2) acting jointly, or
two (2) or more counties acting jointly, where there is joint organization, in
which any disaster as described in Section 33-15-5 occurs, shall have the power
to enter into contracts and incur obligations necessary to combat such
disaster, protecting the health and safety of persons and property, and
providing emergency assistance to the victims of such disaster. Each county
and municipality is authorized to exercise the powers vested under this section
in the light of the exigencies of the extreme emergency situation without regard
to time-consuming procedures and formalities prescribed by law pertaining to
the performance of public work, entering into contracts, the incurring of
obligations, the employment of temporary workers, the rental of equipment, the
purchase of supplies and materials, the levying of taxes and the appropriation
and expenditure of public funds.
( * * *3) Each county and each municipality,
or two (2) or more counties acting jointly, shall have the power and authority:
( * * *a) To appropriate and expend funds,
make contracts, obtain and distribute equipment, materials, and supplies for
emergency management purposes; provide for the health and safety of persons and
property, including emergency assistance to the victims of any enemy attack or
man-made, technological or natural disasters; and to direct and coordinate the
development of emergency management plans and programs in accordance with the
policies and plans set by the federal and state emergency management agencies;
( * * *b) To appoint, employ, remove, or
provide, with or without compensation, air raid wardens, rescue teams,
auxiliary fire and police personnel, and other emergency management workers;
( * * *c) To establish, as necessary, a
primary and one or more secondary emergency operating centers to provide
continuity of government, and direction and control of emergency operation
during an emergency;
( * * *d) To donate public funds, supplies,
labor and equipment to assist any governmental entity in a county or
municipality in which a disaster as described in Section 33-15-5 occurs;
( * * *e) Subject to the order of the
Governor, or the chief executive of the political subdivision, to assign and
make available for duty, the employees, property or equipment of the
subdivision relating to fire fighting, engineering, rescue, health, medical and
related services, police, transportation, construction, and similar items or
services for emergency management purposes either within or outside of the
limits of the subdivision;
( * * *f) Subject to the order of the chief
executive of the county or municipality or the Governor to order the evacuation
of any area subject to an impending or existing enemy attack or man-made,
technological or natural disaster;
( * * *g) Subject to the order of the chief
executive of the county or municipality or the Governor, to control or restrict
egress, ingress and movement within the disaster area to the degree necessary
to facilitate the protection of life and property;
( * * *h) To enter into mutual aid agreements
in the manner authorized by Section 33-15-19.
( * * *4)(a) A local emergency as
defined in Section 33-15-5 may be proclaimed by the mayor or governing body of
a municipality or the governing body of a county. In the event a local emergency
is proclaimed by the mayor of a municipality, the governing body of such
municipality shall review and approve or disapprove the need for continuing the
local emergency at its first regular meeting following such proclamation or at
a special meeting legally called for such review. Thereafter, the governing
body shall review the need for continuing the local emergency at least every
thirty (30) days until such local emergency is terminated, and shall proclaim
the termination of such local emergency at the earliest possible date that
conditions warrant. During a local emergency, the governing body of a
political subdivision may promulgate orders and regulations necessary to
provide for the protection of life and property, including orders or regulations
imposing a curfew within designated boundaries where necessary to preserve the
public order and safety. Such orders and regulations and amendments and
rescissions thereof shall be in writing and shall be given widespread notice
and publicity. The authorization granted by this section to impose a curfew
shall not be construed as restricting in any manner the existing authority to
impose a curfew pursuant to police power for any other lawful purpose.
(b) The governing body of a county may authorize the county administrator or the director of emergency management appointed under the authority of subsection (1) to declare a local emergency as defined in Section 33-15-5, which such declaration shall be ratified by the governing body of the county at the next regular meeting or at a special meeting of the governing body.
SECTION 2. Section 19-4-7, Mississippi Code of 1972, is amended as follows:
[With regard to any county which is exempt from the provisions of Section 19-2-3, this section shall read as follows:]
19-4-7. The board of supervisors may delegate and assign to the county administrator the duties and responsibilities enumerated below, in whole or in part, and such other duties and responsibilities as said board may determine, not contrary to the laws of the State of Mississippi or the Constitution thereof and not assigned by law to other officers:
(a) Employ an office clerk and such other technical and secretarial assistance for the board as may be needed, maintain an office for the board and prepare a budget for his office subject to approval of the board;
(b) Prepare an inventory of all personal property owned by the county and the location and condition of such property and shall maintain a perpetual inventory of such property;
(c) List all buildings and real estate owned by the county and keep a perpetual list of such real estate;
(d) Be responsible for carrying out the responsibilities of the board of supervisors in regard to janitorial services and maintenance of buildings and property owned by the county except such as may be specifically assigned by the board of supervisors to some other person or office, or may be the responsibility of some other office under law;
(e) Exercise supervision over the purchase clerk and inventory control clerk of the county, and the boards or other divisions of county government financed in whole or in part through taxes levied on county property and purchases shall be made from vendors whose bids have been accepted by the board of supervisors under the provisions of law or to serve as purchase clerk or inventory control clerk;
(f) Assist the board in the preparation of the budget and preparation of the tax levy;
(g) Have authority to make inquiry of any person or group using county funds appropriated by the board of supervisors as to the use or proper use of such funds and shall report to the board of supervisors as to such findings;
(h) Have general supervision over the county sanitary land fills and refuse collection procedures;
(i) Have general supervision over county-owned parks, playgrounds and recreation areas;
(j) Have general supervision over any and all zoning and building code ordinances adopted by the board of supervisors and shall administer such ordinances;
(k) Have general supervision over any and all airports owned by the county;
(l) Be the liaison officer to work with the various divisions of county government and agencies to see that county-owned property is properly managed, maintained, repaired, improved, kept or stored;
(m) See that all orders, resolutions and regulations of the board of supervisors are faithfully executed;
(n) Make reports to the board from time to time concerning the affairs of the county and keep the board fully advised as to the financial condition of the county and future financial needs;
(o) Keep the board of supervisors informed as to federal and state laws and regulations which affect the board of supervisors and the county, shall advise the board as to the possible availability of federal or state grants and assistance for which the county may be eligible, shall assist in the preparation and submission of plans and project specifications necessary to acquire such assistance, and shall be the administrating officer of county grants from state and federal sources;
(p) Be charged with the responsibility of securing insurance coverage on such county property as the board shall decide should be insured and of securing any other insurance required or authorized by law. He shall work out a plan of insurance for the county which will insure minimum premiums;
(q) Receive inquiries and complaints from citizens of the county as to the operation of county government, investigate such inquiries and complaints and shall report his finding to the board and the individual supervisor of the district from which such inquiry or complaint arises;
(r) Meet regularly with the board of supervisors and have full privileges of discussion but no vote;
(s) Do any and all
other administrative duties that the board of supervisors could legally do
themselves and that they can legally delegate without violating the laws of the
state nor impinging upon the duties set out by law for other officers * * *;
(t) Act in the capacity of the board or the county director of emergency management to declare a local emergency as authorized under Section 33-15-17(4).
[With regard to any county which is required to operate on a countywide system of road administration as described in Section 19-2-3, this section shall read as follows:]
19-4-7. The board of supervisors may delegate and assign to the county administrator the duties and responsibilities enumerated below, in whole or in part, and such other duties and responsibilities as said board may determine, not contrary to the laws of the State of Mississippi or the Constitution thereof and not assigned by law to other officers:
(a) Employ an office clerk and such other technical and secretarial assistance for the board as may be needed, maintain an office for the board and prepare a budget for his office subject to approval of the board;
(b) Be responsible for carrying out the policies adopted by the board of supervisors;
(c) Exercise supervision over the boards or other divisions of county government, except for the sheriff's department, financed in whole or in part through taxes levied on county property and purchases shall be made from vendors whose bids have been accepted by the board of supervisors under the provisions of law;
(d) Prepare the budget for consideration by the board of supervisors and assist the board of supervisors in the preparation of the tax levy; however, the sheriff, any governing authority, as defined in Section 31-7-1, funded in whole or in part by the board of supervisors and any board or commission funded in whole or in part by the board of supervisors shall be responsible for preparing their respective budgets for consideration by the board of supervisors;
(e) Make inquiry of any person or group using county funds appropriated by the board of supervisors as to the use or proper use of such funds and shall report to the board of supervisors as to such findings;
(f) Have general supervision over the county sanitary landfills and refuse collection procedures;
(g) Have general supervision over county-owned parks, playgrounds and recreation areas;
(h) Have general supervision over any and all zoning and building code ordinances adopted by the board of supervisors and shall administer such ordinances;
(i) Have general supervision over any and all airports owned by the county;
(j) Be the liaison officer to work with the various divisions of county government and agencies to see that county-owned property is properly managed, maintained, repaired, improved, kept or stored;
(k) See that all orders, resolutions and regulations of the board of supervisors are faithfully executed;
(l) Make reports to the board from time to time concerning the affairs of the county and keep the board fully advised as to the financial condition of the county and future financial needs;
(m) Keep the board of supervisors informed as to federal and state laws and regulations which affect the board of supervisors and the county, shall advise the board as to the possible availability of federal or state grants and assistance for which the county may be eligible, shall assist in the preparation and submission of plans and project specifications necessary to acquire such assistance, and shall be the administrating officer of county grants from state and federal sources;
(n) Be charged with the responsibility of securing insurance coverage on such county property as the board shall decide should be insured and of securing any other insurance required or authorized by law. He shall work out a plan of insurance for the county which will ensure minimum premiums;
(o) Receive inquiries and complaints from citizens of the county as to the operation of county government, investigate such inquiries and complaints, and shall report his finding to the board and the individual supervisor of the district from which such inquiry or complaint arises;
(p) Meet regularly with the board of supervisors and have full privileges of discussion but no vote;
(q) Perform any and
all other administrative duties that the board of supervisors could legally
perform themselves and that they can legally delegate without violating the
laws of the state nor impinging upon the duties set out by law for other
officers * * *;
(r) Act in the capacity of the board or the county director of emergency management to declare a local emergency as authorized under Section 33-15-17(4).
SECTION 3. This act shall take effect and be in force from and after July 1, 2014.
