Bill Text: MS SB2788 | 2019 | Regular Session | Introduced
Bill Title: Highways; authorize MDOT law enforcement officers or contractors to enforce work zones prohibition.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-02-05 - Died In Committee [SB2788 Detail]
Download: Mississippi-2019-SB2788-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Appropriations
By: Senator(s) Simmons (13th)
Senate Bill 2788
AN ACT TO CREATE THE "SENATOR KELVIN BUTLER WORK ZONE ENFORCEMENT ACT"; TO AUTHORIZE PAYMENT FOR THE ENFORCEMENT OF TRAFFIC LAWS IN WORK ZONES; TO AUTHORIZE MDOT OFFICERS TO ENFORCE TRAFFIC LAWS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known as the "Senator Kelvin Butler Work Zone Enforcement Act."
SECTION 2. The Mississippi Transportation Commission may, in its discretion, utilize officers from the Mississippi Department of Transportation Office of Law Enforcement or require that its contractors 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 may only provide work zone safety operations in locations that are within the jurisdiction of the governmental entity employing that officer. Such other terms as may be appropriate for costs associated with this work may be negotiated with the governmental entity providing said services. This power shall be in addition to all those other powers granted the commission by Section 65-1-8.
SECTION 3. In order to perform work zone safety operations, the sworn officers of the Mississippi Department of Transportation Office of Law Enforcement are hereby invested with the following powers and duties in enforcing the traffic laws of this state in or near any marked and designed 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; provided, however, that the person commits the offense within or near the transportation work zone and is pursued by a member of the office of enforcement, such officer may pursue and apprehend such 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 pursuant to legal authority.
(c) When so directed by the Governor, to enforce any of the laws of this state upon any of the highways or public roads thereof.
(d) To arrest without warrant any person or persons committing or attempting to commit any misdemeanor, felony or breach of the peace within their presence or view, and to pursue and so arrest any person committing such an offense to and at any place in the State of Mississippi where he may go or be. Nothing herein shall be construed as granting the MDOT officer of enforcement general police powers.
(e) To aid and assist any law enforcement officer whose life or safety is in jeopardy. Additionally, officers of the MDOT Office of Law Enforcement 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 4. This act shall take effect and be in force from and after July 1, 2019.
