Bill Text: MS SB2179 | 2024 | Regular Session | Enrolled
Bill Title: Department of Public Safety; revise certain provisions related to.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2024-04-30 - Approved by Governor [SB2179 Detail]
Download: Mississippi-2024-SB2179-Enrolled.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary, Division B; Appropriations
By: Senator(s) Fillingane
Senate Bill 2179
(As Sent to Governor)
AN ACT TO AMEND SECTION 45-1-3, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF PUBLIC SAFETY TO ENTER INTO A LEASE OR SUBLEASE AGREEMENT FOR SPACE IN THE DEPARTMENT OF PUBLIC SAFETY HEADQUARTERS BUILDING WITH A THIRD PARTY FOR THE PURPOSE OF PROVIDING SERVICES AND ASSISTANCE TO THE DEPARTMENT AND ITS EMPLOYEES; TO AMEND SECTION 45-3-51, MISSISSIPPI CODE OF 1972, TO AUTHORIZE LAW ENFORCEMENT OFFICERS OF THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY TO RETAIN A SIDEARM UPON RETIREMENT; TO AUTHORIZE A BENEFICIARY OF A LAW ENFORCEMENT OFFICER OF THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY TO RETAIN THE SIDEARM OF SUCH OFFICER OR AGENT; TO AMEND SECTION 45-9-131, MISSISSIPPI CODE OF 1972, AS AMENDED BY HOUSE BILL NO. 634, 2024 REGULAR SESSION, TO CONFORM; TO CREATE THE STATE MEDICAL EXAMINER TASK FORCE TO REPLACE THE STATE MEDICAL EXAMINER ADVISORY COUNCIL; TO AMEND SECTION 41-61-55, MISSISSIPPI CODE OF 1972, TO DELETE THE PROVISIONS RELATING TO THE STATE MEDICAL EXAMINER ADVISORY COUNCIL; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 45-1-3, Mississippi Code of 1972, is amended as follows:
45-1-3. (1) When not otherwise specifically provided, the commissioner is authorized to make and promulgate reasonable rules and regulations to be coordinated, and carry out the general provisions of the Highway Safety Patrol and Driver's License Law of 1938.
(2) The commissioner shall have the authority to administer oaths.
(3) Notwithstanding any other provision of law, with written approval from the Executive Director of the Department of Finance and Administration, the commissioner may enter into a lease or sublease agreement for space in the Department of Public Safety headquarters building with a third party for the purpose of providing services and assistance to the department and its employees. The proceeds received from the lease under this subsection shall be paid to the State Treasurer for deposit into the General Fund.
SECTION 2. Section 45-3-51, Mississippi Code of 1972, is amended as follows:
45-3-51. * * * Each person employed
as a law enforcement officer or agent by the Mississippi Department of Public Safety
who retires under the Highway Safety Patrol Retirement System or the Public
Employees' Retirement System, for superannuation or for reason of disability or
a beneficiary of such * * * law enforcement officer or agent, who is killed in
the line of duty shall be allowed to retain, as his personal property, one (1)
sidearm which was issued under authority of Section 45-3-19 or 41-29-159.
Likewise, a beneficiary of any law enforcement officer killed in the line of
duty shall be allowed to retain the officer's sidearm.
SECTION 3. Section 45-9-131, Mississippi Code of 1972, as amended by House Bill No. 634, 2024 Regular Session, is amended as follows:
45-9-131. (1) Upon approval of the governing authority of the municipality or county, a member of any municipal or county law enforcement agency who retires under any state retirement system or leaves such employment after being employed for ten (10) continuous years of service may be allowed to purchase, as his or her personal property, one (1) sidearm which was issued to the law enforcement officer by the law enforcement agency from which he or she retired or by whom he or she was employed at the time of death. The governing authority of the municipality or county that employed the member of the law enforcement agency shall determine an agreed-upon price to be paid for the sidearm.
(2) Except as otherwise provided in subsection (4) of this section, upon approval of the director of a state agency, board or commission, a law enforcement officer employed by a state agency, board or commission who retires under any state retirement system may be allowed to purchase, as his or her personal property, one (1) sidearm which was issued to the law enforcement officer by a state agency, board or commission. The state agency, board or commission that employed the law enforcement officer shall determine an agreed-upon price to be paid for the sidearm.
(3) Except as otherwise provided
in subsection (4) of this section and subject to the satisfactory completion of
any required background checks, the next of kin of a law enforcement officer
who is killed in the line of duty is authorized to purchase the sidearm that was
issued to the officer. The amount to be paid for any * * * sidearm purchased under the authority
of this subsection shall be an agreed-upon price as determined by the appropriate
governmental authority who employed the officer.
(4) * * * This
section does not apply to a law enforcement officer employed by the Department
of Public Safety or a beneficiary of a law enforcement officer employed by the
Department of Public Safety, who, pursuant to Section 45-3-51, may retain one
(1) sidearm upon the officer's retirement or death in the line of duty.
SECTION 4. (1) There is established the State Medical Examiner Task Force as a successor entity to the State Medical Examiner Advisory Council created under Section 41-61-55(3). The task force is comprised of the following nine (9) members:
(a) The State Health Officer or the officer's designee;
(b) The Dean of the University of Mississippi Medical Center School of Medicine or the dean's designee;
(c) The Commissioner of Public Safety;
(d) The Attorney General or the Attorney General's designee;
(e) The President of the Mississippi Coroners and Medical Examiners Association or the president's designee;
(f) The President of the Mississippi Prosecutors Association or the president's designee;
(g) The President of the Mississippi Public Defenders Association or the president's designee;
(h) The President of the Mississippi Association of Chiefs of Police or the president's designee; and
(i) The President of the Mississippi Sheriffs' Association or the president's designee.
Each member of the task force serves at the pleasure of the head of the member's agency or appointing authority.
(2) The members of the task force shall elect a member annually to serve as chair. A member may not serve as chair more than two (2) consecutive years. The chair shall call meetings of the task force and shall cause written notice of the meetings to be furnished to members of the task force at least thirty (30) days before the date of a meeting.
(3) Members of the task force must serve without compensation.
(4) The task force shall meet at least once annually.
(5) The first meeting of the task force must be held before September 30, 2024. Notice of the time and place of the first meeting must be provided to each member of the task force no less than sixty (60) days before the scheduled meeting.
(6) Before December 31 of each year, the task force shall prepare and submit an annual report containing recommendations and advice to the Legislature. The report must include, but need not be limited to, the following:
(a) Identification of needs and means to improve the investigation of deaths affecting the public interest while using best practices;
(b) Identification of state medical examiner resources; and
(c) Recommendations to enhance the efficiency of the Mississippi State Medical Examiner's Office.
SECTION 5. Section 41-61-55, Mississippi Code of 1972, is amended as follows:
41-61-55. (1) There is hereby created the position of State Medical Examiner, under the supervision of the Commissioner of Public Safety and within the Office of Forensic Laboratories. The State Medical Examiner shall be appointed by the Commissioner of Public Safety subject to review by the dean of the University of Mississippi Medical Center School of Medicine and the State Health Officer. The State Medical Examiner may be discharged only for good cause by the Commissioner of Public Safety.
(2) The State Medical Examiner must obtain a license to practice medicine in Mississippi and be certified in forensic pathology by the American Board of Pathology. The State Medical Examiner may also be designated as the Chief Medical Examiner.
* * *
SECTION 6. This act shall take effect and be in force from and after its passage.
