House Bill 1135

(As Passed the House)

AN ACT TO AMEND SECTION 17-25-11, MISSISSIPPI CODE OF 1972, TO ALLOW A CERTIFIED LAW ENFORCEMENT OFFICER OR CERTIFIED PART-TIME LAW ENFORCEMENT OFFICER, WHO IS EMPLOYED BY A COUNTY OR MUNICIPALITY, TO USE HIS OR HER OFFICIAL VEHICLE WHILE PERFORMING PRIVATE SECURITY SERVICES IN OFF-DUTY HOURS; TO AMEND SECTION 21-19-49, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO PROVIDE THAT ANY LAW ENFORCEMENT OFFICER OF THIS STATE OR ANY POLITICAL SUBDIVISION THEREOF WHO IS DEEMED BASED UPON THE RESULTS OF A URINE TEST OF USING DRUGS IN VIOLATION OF THE EMPLOYER'S POLICIES OR STATE LAW SHALL BE AFFORDED THE OPPORTUNITY TO UNDERGO A SECOND MORE SCIENTIFICALLY RELIABLE TEST BEFORE SUCH EMPLOYEE IS TERMINATED OR SUSPENDED WITHOUT PAY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 17-25-11, Mississippi Code of 1972, is amended as follows:

17-25-11. (1) Certified law enforcement officers or certified part-time law enforcement officers, as defined in Section 45-6-3, who are employed by a county or municipality may wear the official uniform and may utilize the official firearm, and the official vehicle issued by the employing jurisdiction while in the performance of private security services in off-duty hours. The governing authority of a municipality must approve of such use of the uniform and official weapon and vehicle by municipal law enforcement officers by act spread upon the minutes of such board and approved by the chief executive. The sheriff of a county must approve such use of the uniform and official weapon and vehicle by deputy sheriffs. Approval shall be on an employee-by-employee basis and not by general order. Any proceedings regarding application or approval and the minutes regarding same shall be a public record.

Every sheriff may employ a deputy who is certified in another state as a law enforcement officer if such officer is still in good standing in the state in which he or she was certified. The sheriff may exclude or adjust the requirements for additional state training as such sheriff finds necessary based on the officer's previous training.

(2) Each governing board and chief executive or sheriff shall determine before the use of the official uniform * * *~~and~~, weapon and vehicle is approved that the proposed employment is not likely to bring disrepute to the employing jurisdiction or its law enforcement agency, the officer at issue, or law enforcement generally, and that the use of the official uniform * * *~~and~~, weapon and vehicle in the discharge of the officer's private security endeavor promotes the public interest.

(3) Acts and omissions of an officer in discharge of private security employment shall be deemed to be the acts and omissions of the person or entity employing the officer for such private security services, and not the acts and omissions of the jurisdiction whose uniform * * * ~~and~~, weapon and vehicle are approved for such private security use. An employer employing the officer for private security services shall hold harmless the jurisdiction by which the officer is employed and fully indemnify the jurisdiction for any expense or loss, including attorney's fees, which results from any action taken against the jurisdiction arising out of the acts or omissions of the officer in discharge of private security services while wearing the official uniform or using the official weapon or vehicle. Neither the state nor any subdivision thereof shall be liable for acts or omissions of an officer in the discharge of the private security employment duties.

(4) Certified police officers performing private jobs during their off-duty hours are required to notify the appropriate law enforcement agency of the place of employment, the hours to be worked, and the type of employment.

(5) The official uniform * * *~~and~~, weapon and vehicle may be worn and utilized only at locations which are within the jurisdiction of the governmental entity whose uniform * * *~~and~~, weapon and vehicle are involved.

SECTION 2. Section 21-19-49, Mississippi Code of 1972, is amended as follows:

21-19-49. (1) The governing authority of any municipality or the board of supervisors of any county are hereby authorized and empowered to appropriate money or dedicate and convey municipally-owned buildings and property or county-owned buildings and property, as the case may be, to the school district or districts situated within that municipality or county for the purpose of erecting, purchasing or otherwise providing the school building or a site for such school building of such school district, in cases where the governing authority or board of supervisors are of the opinion that the location of such school building within the corporate limits of the municipality or the county, or in close proximity thereto, will be of special benefit to the inhabitants of the municipality or county.

(2) Municipalities, municipal police departments and the sheriffs' departments may contract with the school board of any school district to provide additional Law Enforcement Officers Training Academy-certified police protection to said school district on such terms and for such reimbursement as the school district and the entity may agree in their discretion.

(3) The governing authority of any municipality or the board of supervisors of any county may allow off-duty municipal or county law enforcement officers who are hired individually for security purposes by the school district or districts within that municipality or county to use municipal or county law enforcement uniforms and equipment, which includes vehicles, during such off-duty employment.

(4) The governing authority of any municipality, in its discretion, may donate funds, equipment or in-kind services to any school district located within the boundaries of the municipality to assist the voluntary character development or public service programs of that school district.

SECTION 3. (1) Any law enforcement officer, as defined by Section 45-6-3, of this state or any political subdivision thereof who is deemed based upon the results of a urine test of using drugs in violation of the employer's policies or state law shall be afforded the opportunity to undergo a second more scientifically reliable test before such employee is terminated or suspended without pay.

(2) (a) In the event a law enforcement officer is required as a condition of employment to take a urine test for drug use and the results of such test is positive, the officer may be relieved of duty and placed on administrative leave with pay.

(b) The officer shall have two (2) days after being officially notified in writing of such results to contest the test results.

(c) If said officer does not contest the test results within the two-day period, the employer may move forward with appropriate disciplinary action.

(d) If the officer contests the test results, the officer shall have five (5) days to appear at a certified laboratory and voluntarily submit to the taking of a hair sample, for the purpose of a hair follicle test for drug analysis.

(i) The hair follicle test shall initially be at the expense of the officer, however, if the test result is negative the officer shall be reimbursed the cost of the test by the employer.

(ii) If the test result is positive the officer shall bare the cost of the test.

(e) If the hair follicle test result is negative for the drug(s) enumerated in the urine test report and thereby does not support the findings of the urine test, then the urine test results shall be declared a false positive, and the officer shall be immediately placed back into his or her previous position of employment."

SECTION 4. This act shall take effect and be in force from and after its passage.