MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Judiciary B
By: Representatives Bain, Karriem
AN ACT TO AMEND SECTION 45-1-2, MISSISSIPPI CODE OF 1972, TO REVISE THE POWERS OF THE COMMISSIONER OF PUBLIC SAFETY; TO AMEND SECTION 45-1-6, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN PROVISIONS REGARDING MISSISSIPPI BUREAU OF INVESTIGATION CONTRACT AGENTS; TO AMEND SECTION 41-29-112, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN PROVISIONS REGARDING MISSISSIPPI BUREAU OF NARCOTICS CONTRACT AGENTS; TO AMEND SECTION 45-3-9, MISSISSIPPI CODE OF 1972, TO REVISE THE QUALIFICATIONS OF MISSISSIPPI BUREAU OF NARCOTICS AGENTS; TO BRING FORWARD SECTION 7-1-19, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; TO REPEAL SECTION 29-5-77, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR JURISDICTION FOR THE ENFORCEMENT OF THE LAWS OF THE STATE OF MISSISSIPPI ON VARIOUS STATE PROPERTIES INCLUDING THE CAPITOL COMPLEX; TO AMEND SECTION 45-3-9, MISSISSIPPI CODE OF 1972, TO REVISE THE QUALIFICATIONS FOR THE MISSISSIPPI HIGHWAY SAFETY PATROL; TO AMEND SECTION 45-3-45, MISSISSIPPI CODE OF 1972, TO DELETE THE PROVISION REQUIRING A MINIMUM OF 80 HOURS FOR THE TRAINING SCHOOL FOR MISSISSIPPI HIGHWAY SAFETY PATROL; TO AMEND SECTION 27-104-7, MISSISSIPPI CODE OF 1972, TO EXEMPT ANY CONTRACT FOR FORENSIC PATHOLOGY SERVICES FROM REVIEW BY THE PUBLIC PROCUREMENT REVIEW BOARD; TO AMEND SECTION 41-61-53, MISSISSIPPI CODE OF 1972, TO DEFINE "STATE MEDICAL EXAMINER INVESTIGATOR" TO MEAN A NONPHYSICIAN TRAINED AND APPOINTED BY THE STATE MEDICAL EXAMINER TO INVESTIGATE AND CERTIFY DEATHS AFFECTING THE PUBLIC INTEREST; TO AMEND SECTION 41-61-63, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO AMEND SECTION 41-61-55, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE COMMISSIONER OF PUBLIC SAFETY MAY APPOINT AND DISCHARGE THE STATE MEDICAL EXAMINER WITHOUT THE APPROVAL OF A MAJORITY OF THE DEAN OF THE UNIVERSITY OF MISSISSIPPI MEDICAL CENTER SCHOOL OF MEDICINE, THE DEAN OF THE UNIVERSITY OF MISSISSIPPI SCHOOL OF LAW AND THE STATE HEALTH OFFICER; TO AMEND SECTION 41-61-65, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE MEDICAL EXAMINER TO DESIGNATE A STATE MEDICAL EXAMINER INVESTIGATOR TO PERFORM CERTAIN AUTOPSIES; TO AMEND SECTION 41-61-77, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT THE DEPUTY STATE MEDICAL EXAMINER BE LICENSED TO PRACTICE MEDICINE IN MISSISSIPPI; TO AMEND SECTION 63-11-23, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL SUSPEND THE DRIVER'S LICENSE AND PRIVILEGES OF A PERSON AFTER HE OR SHE IS CONVICTED OF DRIVING UNDER THE INFLUENCE UNLESS THE PERSON OBTAINS AN INTERLOCK-RESTRICTED LICENSE OR THE COURT ORDERS THE PERSON TO EXERCISE THE PRIVILEGE TO OPERATE A MOTOR VEHICLE ONLY UNDER AN INTERLOCK-RESTRICTED LICENSE; TO BRING FORWARD SECTIONS 41-61-59, 41-61-61 AND 41-61-75, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO CREATE THE MISSISSIPPI UNMANNED AIRCRAFT SYSTEMS PROTECTION ACT OF 2021; TO PROVIDE CERTAIN DEFINITIONS; TO PROVIDE THAT A PERSON COMMITS THE OFFENSE OF UNLAWFUL USE OF AN UNMANNED AIRCRAFT SYSTEM, ALSO KNOWN AS A DRONE, WHEN COLLECTING CERTAIN INFORMATION WITHOUT RECEIVING WRITTEN CONSENT FROM A CORRECTIONAL FACILITY OR CRITICAL INFRASTRUCTURE SITE OR WHEN DELIVERING CONTRABAND USING A DRONE TO INTRODUCE CONTRABAND INTO A CORRECTIONAL FACILITY; TO PROVIDE CERTAIN PENALTIES FOR INDIVIDUALS CONVICTED OF SUCH OFFENSE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 45-1-2, Mississippi Code of 1972, is amended as follows:
45-1-2. (1) The Executive Director of the Department of Public Safety shall be the Commissioner of Public Safety.
(2) The Commissioner of Public Safety shall establish the organizational structure of the Department of Public Safety, which shall include the creation of any units necessary to implement the duties assigned to the department and consistent with specific requirements of law including, but not limited to:
(a) Office of Public Safety Planning;
(b) Office of Mississippi Highway Safety Patrol;
(c) Mississippi Bureau of Investigation (to be directed by a Lieutenant Colonel of the Mississippi Highway Safety Patrol);
( * * *d) Office of Forensics Laboratories,
which includes the Office of the Medical Examiner;
( * * *e) Office of Law Enforcement Officers'
Training Academy;
( * * *f) Office of Support Services;
( * * *g) Office of Narcotics, which shall be
known as the Bureau of Narcotics; and
( * * *h) Office of Homeland Security; and
(i) Capitol Police.
(3) The department shall be headed by a commissioner, who shall be appointed by and serve at the pleasure of the Governor. The appointment of the commissioner shall be made with the advice and consent of the Senate. The commissioner shall have, at a minimum, a bachelor's degree from an accredited college or university. The commissioner may assign to the appropriate offices such powers and duties as deemed appropriate to carry out the department's lawful functions. The commissioner shall be considered a "law enforcement officer" within the definition of Section 45-6-3, as shall any employee of the department so designated by the commissioner. The commissioner shall have the authority to administer oaths.
(4) The commissioner of the department shall appoint heads of offices, who shall serve at the pleasure of the commissioner. The commissioner shall have the authority to organize the offices established by subsection (2) of this section as deemed appropriate to carry out the responsibilities of the department. The organization charts of the department shall be presented annually with the budget request of the Governor for review by the Legislature.
(5) The commissioner of the department shall appoint, from within the Department of Public Safety, a statewide safety training officer who shall serve at the pleasure of the commissioner and whose duty it shall be to perform public training for both law enforcement and private persons throughout the state concerning proper emergency response to the mentally ill, terroristic threats or acts, domestic conflict, other conflict resolution, and such other matters as the commissioner may direct.
(6) The commissioner of the department shall establish within the department the Mississippi Office of Homeland Security for the purpose of seeing that the laws are faithfully executed and for the purpose of suppressing crimes of violence and acts of intimidation and terror. The commissioner of the department is hereby authorized to employ within the Office of Homeland Security a director, investigators and other qualified personnel as he may deem necessary to make investigation of crimes of violence and acts of terrorism or intimidation, to aid in the arrest and prosecution of persons charged with such crimes of violence, acts of terrorism or intimidation, or threats of violence and to perform other such duties as necessary to accomplish these purposes. Investigators and other law enforcement personnel employed by the commissioner of the department shall have full power to investigate, apprehend, and arrest persons committing acts of violence, intimidation, or terrorism anywhere in the state, and shall be vested with the power of police officers in the performance of such duties as set out herein. Such investigators and other personnel shall perform their duties under the direction of the commissioner of the department, or his designee. The commissioner of the department shall be authorized to offer and pay suitable rewards to other persons for aiding in such investigation and in the apprehension and conviction of persons charged with acts of violence, or threats of violence, or intimidation, or acts of terrorism.
(7) The commissioner of the department shall establish within the Office of Homeland Security a Mississippi Analysis and Information Center (MSAIC Fusion Center) which shall be the highest priority for the allocation of available federal resources for statewide information sharing, including the deployment of personnel and connectivity with federal data systems. Subject to appropriation therefor, the Mississippi Fusion Center shall employ three (3) regional analysts dedicated to analyzing and resolving potential threats identified by the agency's statewide social media intelligence platform and the dissemination of school safety information.
(8) The department, through the Capitol Police, shall have jurisdiction relative to the enforcement of all laws of the State of Mississippi on the properties, from curb to curb including adjoining streets, sidewalks and leased parking lots within the Capitol complex, set forth in Section 29-5-2, the Court of Appeals Building, the Mississippi Department of Transportation Building and the Public Employees' Retirement System Building, and any property purchased, constructed or otherwise acquired by the State of Mississippi for conducting state business and not specifically under the supervision and care by any other state entity, but which is reasonably assumed the department would be responsible for such, as approved by the Public Procurement Review Board. The department shall, through any person or persons appointed by the commissioner of the department, make arrests for any violation of any law of the State of Mississippi on the grounds of or within those properties. The Department of Public Safety shall enforce the provisions of Sections 29-5-57 through 29-5-67, 29-5-73 through 29-5-77, and 29-5-81 through 29-5-95, and prescribe such rules and regulations as are necessary therefor. Powers and duties related to the administration of these sections shall remain with the Department of Finance and Administration.
(9) Subject to the approval of the Board of Trustees of State Institutions of Higher Learning, the Board of Trustees and the Department of Public Safety shall be authorized to enter into a contract for the Department of Public Safety to supply the security personnel with jurisdiction to enforce all laws of the State of Mississippi on the property of the Board of Trustees located at the corner of Ridgewood Road and Lakeland Drive in the City of Jackson.
(10) The Department of Public Safety and the Department of Agriculture are authorized to enter into a contract for the Department of Public Safety to have jurisdiction and enforce all laws of the State of Mississippi on the property of the Department of Agriculture located at 121 North Jefferson Street and the new Farmer's Market Building located at the corner of High and Jefferson Streets in the City of Jackson, Hinds County, Mississippi. It is the intent of the Legislature that the Department of Public Safety will not post any security personnel at such buildings, but will provide regular vehicle patrols and responses to security system alarms.
(11) The Department of Public Safety and the Mississippi Fair Commission are authorized to enter into a contract for the Department of Public Safety to have jurisdiction and enforce all laws of the State of Mississippi on the property of the Mississippi Fair Commission known as the "Mississippi State Fairgrounds Complex" and any and all of its outlying buildings and property. The Department of Public Safety and the Mississippi Fair Commission are authorized to enter into a contract for the Department of Public Safety to supply the security personnel to the Mississippi Fair Commission with jurisdiction to enforce all laws of the State of Mississippi on this property and any and all buildings on this property.
(12) The Department of Public Safety and the Department of Revenue are authorized to enter into a contract for the Department of Public Safety to supply the security personnel with jurisdiction to enforce all laws of the State of Mississippi at the Alcoholic Beverage Control facility and the Department of Revenue main office.
(13) The Department of Public Safety shall have jurisdiction relative to the enforcement of all laws of the State of Mississippi within the boundaries of the Capitol Complex Improvement District created in Section 29-5-203. The Department of Public Safety shall, through any person or persons appointed by the Department of Public Safety, make arrests for any violation of any law of the State of Mississippi which occurs within the boundaries of the district. The jurisdiction of the Department of Public Safety under this subsection (6) shall be concurrent with the jurisdiction of the City of Jackson, Mississippi, and that of Hinds County, Mississippi. The jurisdiction and authority of the Department of Public Safety under this subsection (6) shall be in addition to any other jurisdiction and authority provided to the department under this section or any other law.
SECTION 2. Section 45-1-6, Mississippi Code of 1972, is amended as follows:
45-1-6. (1) The Director of the Mississippi Bureau of Investigation is authorized to retain on a contractual basis such persons as he shall deem necessary to detect and apprehend violators of the criminal statutes of this state.
(2) Those persons contracting with the Director of the Mississippi Bureau of Investigation pursuant to subsection (1) shall be known and hereinafter referred to as "special contract agents."
(3) The investigative
services provided for in this section shall be designed to * * * enforce
the laws of the State of Mississippi and/or to support any other law
enforcement efforts.
(4) Special contract investigators shall have all powers necessary and incidental to the fulfillment of their contractual obligations, including the power of arrest when authorized by the Director of the Mississippi Bureau of Investigation.
(5) No person shall be a special contract investigator unless he is at least twenty-one (21) years of age.
(6) The Director of the Mississippi Bureau of Investigation shall conduct a background investigation of all potential special contract investigators. All contract agents must meet the minimum standard requirements established by the Board on Law Enforcement Officer Standards and Training.
(7) Any contract pursuant to subsection (1) shall be:
(a) Reduced to writing; and
(b) Terminable upon written notice by either party, and shall in any event terminate one (1) year from the date of signing; and
(c) Approved as to
form by the * * * Commissioner of Public Safety.
Such contracts shall not be public records and shall not be available for inspection under the provisions of a law providing for the inspection of public records as now or hereafter amended.
(8) Special contract investigators shall not be considered employees of the Mississippi Bureau of Investigation for any purpose.
(9) The Director of the Mississippi Bureau of Investigation shall have all powers necessary and incidental to the effective operation of this section.
(10) The Mississippi Bureau of Investigation shall have exclusive jurisdiction to investigate all incidents of officer involved shootings occurring in the state. The Mississippi Attorney General shall have authority to prosecute all incidents of officer involved shootings.
( * * *11) Notwithstanding any other
provisions contained in this section, all contracts authorized under this
section and related matters shall be made available to the Legislative Budget
Office and the Department of Finance and Administration.
SECTION 3. Section 41-29-112, Mississippi Code of 1972, is amended as follows:
41-29-112. (1) The Director of the Bureau of Narcotics is authorized to retain on a contractual basis such persons as he shall deem necessary to detect and apprehend violators of the criminal statutes pertaining to the possession, sale or use of narcotics or other dangerous drugs.
(2) Those persons contracting with the Director of the Bureau of Narcotics, pursuant to subsection (1), shall be known as, and are hereinafter referred to as, "special contract agents."
(3) The investigative
services provided for in this section shall be designed to * * * enforce
the laws of the State of Mississippi and/or to support any other law
enforcement efforts.
(4) Special contract investigators shall have all powers necessary and incidental to the fulfillment of their contractual obligations, including the power of arrest when authorized by the Director of the Bureau of Narcotics.
(5) No person shall be a special contract investigator unless he is at least eighteen (18) years of age.
(6) The Director of the Bureau of Narcotics shall conduct a background investigation of all potential special contract investigators. If the background investigation discloses a criminal record, the applicant shall not be retained without the express approval of the Director of the Bureau of Narcotics. Any matters pertaining to special contract investigators shall be exempt from the provisions of a law relating to meetings open to the public, approved as now or hereafter amended.
(7) Any contract pursuant to subsection (1) shall be:
(a) Reduced to writing; and
(b) Terminable upon written notice by either party, and shall in any event terminate one (1) year from the date of signing; and
(c) Approved as to
form by the * * * Commissioner of Public Safety.
Such contracts shall not be public records and shall not be available for inspection under the provisions of a law providing for the inspection of public records as now or hereafter amended.
(8) Special contract investigators shall not be considered employees of the Bureau of Narcotics for any purpose.
(9) The Director of the Bureau of Narcotics shall have all powers necessary and incidental to the effective operation of this section.
(10) Notwithstanding any other provisions contained in this section, all said contracts and related matters shall be made available to the Legislative Budget Office and the State Fiscal Management Board.
SECTION 4. Section 45-3-9, Mississippi Code of 1972, is amended as follows:
45-3-9. (1) The chief of
patrol, directors, inspectors, assistant inspectors, patrol officers and
investigators of the department shall be selected after an examination as to
physical and mental fitness, knowledge of traffic laws, rules and regulations
of this state, the laws of the state pertaining to arrest, and the rules and
regulations of the Mississippi Department of Public Safety and Public Service
Commission, such examination to be prescribed by the commissioner. At the time
of appointment they shall be citizens of the United States and the State of Mississippi,
of good moral character, and shall be not less than twenty-one (21) years of
age and shall have
* * *
a high school diploma or High School Equivalency Diploma * * *
.
(2) Sworn agents of the Mississippi Bureau of Narcotics who are employed as enforcement troopers shall retain all compensatory, personal and sick leave accrued pursuant to Sections 25-3-92, 25-3-93 and 25-3-95.
SECTION 5. Section 7-1-19, Mississippi Code of 1972, is brought forward as follows:
7-1-19. For the purpose of seeing that the laws are faithfully executed and for the purpose of suppressing crimes of violence and acts of intimidation and terror, the Governor is hereby authorized to employ such investigators and other qualified personnel as he may deem necessary to make investigation of crimes of violence and acts of terrorism or intimidation, and to aid in the arrest and prosecution of persons charged with such crimes of violence, acts of terrorism or intimidation, or threats of violence. Such investigators and other personnel so employed by the Governor shall have full power to investigate, apprehend, and arrest persons committing acts of violence, intimidation, or terrorism anywhere in the state, and shall be vested with the power of police officers in the performance of such duties as set out herein. Such investigators and other personnel shall perform their duties under the direction of the Governor. Each such regularly employed investigator shall enter into an official bond in the sum of Two Thousand Five Hundred Dollars ($2,500.00) for the faithful performance of his duties, the bond premiums to be paid by the Governor out of the appropriations made for the enforcement of the provisions of Sections 7-1-19 through 7-1-23. Said bonds shall be kept by the Governor without a public record of same being required.
The Governor shall also be authorized to employ, upon a temporary basis from time to time, such additional investigators and other personnel as he may deem necessary to carry out the purposes of the cited sections, who may not be required to give bond.
The Governor shall be authorized to offer and pay suitable rewards to other persons for aiding in such investigation and in the apprehension and conviction of persons charged with acts of violence, or threats of violence, or intimidation, or acts of terrorism.
SECTION 6. Section 29-5-77, Mississippi Code of 1972, which provides for jurisdiction for the enforcement of the laws of the State of Mississippi on various state properties including the Capitol complex, is repealed.
SECTION 7. Section 45-3-9, Mississippi Code of 1972, is amended as follows:
45-3-9. (1) The chief of
patrol, directors, inspectors, assistant inspectors, patrol officers and
investigators of the department shall be selected after an examination as to
physical and mental fitness, knowledge of traffic laws, rules and regulations
of this state, the laws of the state pertaining to arrest, and the rules and
regulations of the Mississippi Department of Public Safety and Public Service
Commission, such examination to be prescribed by the commissioner. At the time
of appointment they shall be citizens of the United States and the State of
Mississippi, of good moral character, and shall be not less than twenty-one
(21) years of age and shall have * * *
a high school diploma or High School Equivalency Diploma * * *.
* * *
(2) Sworn agents of the Mississippi Bureau of Narcotics who are employed as enforcement troopers shall retain all compensatory, personal and sick leave accrued pursuant to Sections 25-3-92, 25-3-93 and 25-3-95.
SECTION 8. Section 45-3-45, Mississippi Code of 1972, is amended as follows:
45-3-45. The commissioner
is hereby authorized to set up a training school for patrolmen. He shall
prescribe the rules and regulations for the operation of same and the period of
training to be required of appointees to the Mississippi Highway Safety Patrol.
* * * The
expense of such training shall be paid in the same manner as other expenses of
the patrol.
SECTION 9. Section 27-104-7, Mississippi Code of 1972, is amended as follows:
27-104-7. (1) (a) There is created the Public Procurement Review Board, which shall be reconstituted on January 1, 2018, and shall be composed of the following members:
(i) Three (3) individuals appointed by the Governor with the advice and consent of the Senate;
(ii) Two (2) individuals appointed by the Lieutenant Governor with the advice and consent of the Senate; and
(iii) The Executive Director of the Department of Finance and Administration, serving as an ex officio and nonvoting member.
(b) The initial terms of each appointee shall be as follows:
(i) One (1) member appointed by the Governor to serve for a term ending on June 30, 2019;
(ii) One (1) member appointed by the Governor to serve for a term ending on June 30, 2020;
(iii) One (1) member appointed by the Governor to serve for a term ending on June 30, 2021;
(iv) One (1) member appointed by the Lieutenant Governor to serve for a term ending on June 30, 2019; and
(v) One (1) member appointed by the Lieutenant Governor to serve for a term ending on June 30, 2020.
After the expiration of the initial terms, all appointed members' terms shall be for a period of four (4) years from the expiration date of the previous term, and until such time as the member's successor is duly appointed and qualified.
(c) When appointing members to the Public Procurement Review Board, the Governor and Lieutenant Governor shall take into consideration persons who possess at least five (5) years of management experience in general business, health care or finance for an organization, corporation or other public or private entity. Any person, or any employee or owner of a company, who receives any grants, procurements or contracts that are subject to approval under this section shall not be appointed to the Public Procurement Review Board. Any person, or any employee or owner of a company, who is a principal of the source providing a personal or professional service shall not be appointed to the Public Procurement Review Board if the principal owns or controls a greater than five percent (5%) interest or has an ownership value of One Million Dollars ($1,000,000.00) in the source's business, whichever is smaller. No member shall be an officer or employee of the State of Mississippi while serving as a voting member on the Public Procurement Review Board.
(d) Members of the Public Procurement Review Board shall be entitled to per diem as authorized by Section 25-3-69 and travel reimbursement as authorized by Section 25-3-41.
(e) The members of the Public Procurement Review Board shall elect a chair from among the membership, and he or she shall preside over the meetings of the board. The board shall annually elect a vice chair, who shall serve in the absence of the chair. No business shall be transacted, including adoption of rules of procedure, without the presence of a quorum of the board. Three (3) members shall be a quorum. No action shall be valid unless approved by a majority of the members present and voting, entered upon the minutes of the board and signed by the chair. Necessary clerical and administrative support for the board shall be provided by the Department of Finance and Administration. Minutes shall be kept of the proceedings of each meeting, copies of which shall be filed on a monthly basis with the chairs of the Accountability, Efficiency and Transparency Committees of the Senate and House of Representatives and the chairs of the Appropriations Committees of the Senate and House of Representatives.
(2) The Public Procurement Review Board shall have the following powers and responsibilities:
(a) Approve all purchasing regulations governing the purchase or lease by any agency, as defined in Section 31-7-1, of commodities and equipment, except computer equipment acquired pursuant to Sections 25-53-1 through 25-53-29;
(b) Adopt regulations governing the approval of contracts let for the construction and maintenance of state buildings and other state facilities as well as related contracts for architectural and engineering services.
The provisions of this paragraph (b) shall not apply to such contracts involving buildings and other facilities of state institutions of higher learning which are self-administered as provided under this paragraph (b) or Section 37-101-15(m);
(c) Adopt regulations governing any lease or rental agreement by any state agency or department, including any state agency financed entirely by federal funds, for space outside the buildings under the jurisdiction of the Department of Finance and Administration. These regulations shall require each agency requesting to lease such space to provide the following information that shall be published by the Department of Finance and Administration on its website: the agency to lease the space; the terms of the lease; the approximate square feet to be leased; the use for the space; a description of a suitable space; the general location desired for the leased space; the contact information for a person from the agency; the deadline date for the agency to have received a lease proposal; any other specific terms or conditions of the agency; and any other information deemed appropriate by the Division of Real Property Management of the Department of Finance and Administration or the Public Procurement Review Board. The information shall be provided sufficiently in advance of the time the space is needed to allow the Division of Real Property Management of the Department of Finance and Administration to review and preapprove the lease before the time for advertisement begins;
(d) Adopt, in its discretion, regulations to set aside at least five percent (5%) of anticipated annual expenditures for the purchase of commodities from minority businesses; however, all such set-aside purchases shall comply with all purchasing regulations promulgated by the department and shall be subject to all bid requirements. Set-aside purchases for which competitive bids are required shall be made from the lowest and best minority business bidder; however, if no minority bid is available or if the minority bid is more than two percent (2%) higher than the lowest bid, then bids shall be accepted and awarded to the lowest and best bidder. However, the provisions in this paragraph shall not be construed to prohibit the rejection of a bid when only one (1) bid is received. Such rejection shall be placed in the minutes. For the purposes of this paragraph, the term "minority business" means a business which is owned by a person who is a citizen or lawful permanent resident of the United States and who is:
(i) Black: having origins in any of the black racial groups of Africa;
(ii) Hispanic: of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin regardless of race;
(iii) Asian-American: having origins in any of the original people of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands;
(iv) American Indian or Alaskan Native: having origins in any of the original people of North America; or
(v) Female;
(e) In consultation with and approval by the Chairs of the Senate and House Public Property Committees, approve leases, for a term not to exceed eighteen (18) months, entered into by state agencies for the purpose of providing parking arrangements for state employees who work in the Woolfolk Building, the Carroll Gartin Justice Building or the Walter Sillers Office Building;
(f) Promulgate rules and regulations governing the solicitation and selection of contractual services personnel including personal and professional services contracts for any form of consulting, policy analysis, public relations, marketing, public affairs, legislative advocacy services or any other contract that the board deems appropriate for oversight, with the exception of any personal service contracts entered into by any agency that employs only nonstate service employees as defined in Section 25-9-107(c), any personal service contracts entered into for computer or information technology-related services governed by the Mississippi Department of Information Technology Services, any personal service contracts entered into by the individual state institutions of higher learning, any personal service contracts entered into by the Mississippi Department of Transportation, any personal service contracts entered into by the Department of Human Services through June 30, 2019, which the Executive Director of the Department of Human Services determines would be useful in establishing and operating the Department of Child Protection Services, any personal service contracts entered into by the Department of Child Protection Services through June 30, 2019, any contracts for entertainers and/or performers at the Mississippi State Fairgrounds entered into by the Mississippi Fair Commission, any contracts entered into by the Department of Finance and Administration when procuring aircraft maintenance, parts, equipment and/or services, and any contract for attorney, accountant, actuary auditor, architect, engineer, forensic pathology and utility rate expert services. Any such rules and regulations shall provide for maintaining continuous internal audit covering the activities of such agency affecting its revenue and expenditures as required under Section 7-7-3(6)(d). Any rules and regulation changes related to personal and professional services contracts that the Public Procurement Review Board may propose shall be submitted to the Chairs of the Accountability, Efficiency and Transparency Committees of the Senate and House of Representatives and the Chairs of the Appropriation Committees of the Senate and House of Representatives at least fifteen (15) days before the board votes on the proposed changes, and those rules and regulation changes, if adopted, shall be promulgated in accordance with the Mississippi Administrative Procedures Act;
(g) Approve all personal and professional services contracts involving the expenditures of funds in excess of Seventy-five Thousand Dollars ($75,000.00), except as provided in paragraph (f) of this subsection (2) and in subsection (8);
(h) Develop mandatory standards with respect to contractual services personnel that require invitations for public bid, requests for proposals, record keeping and financial responsibility of contractors. The Public Procurement Review Board shall, unless exempted under this paragraph (h) or under paragraph (i) or (o) of this subsection (2), require the agency involved to submit the procurement to a competitive procurement process, and may reserve the right to reject any or all resulting procurements;
(i) Prescribe certain circumstances by which agency heads may enter into contracts for personal and professional services without receiving prior approval from the Public Procurement Review Board. The Public Procurement Review Board may establish a preapproved list of providers of various personal and professional services for set prices with which state agencies may contract without bidding or prior approval from the board;
(i) Agency requirements may be fulfilled by procuring services performed incident to the state's own programs. The agency head shall determine in writing whether the price represents a fair market value for the services. When the procurements are made from other governmental entities, the private sector need not be solicited; however, these contracts shall still be submitted for approval to the Public Procurement Review Board.
(ii) Contracts between two (2) state agencies, both under Public Procurement Review Board purview, shall not require Public Procurement Review Board approval. However, the contracts shall still be entered into the enterprise resource planning system.
(j) Provide standards for the issuance of requests for proposals, the evaluation of proposals received, consideration of costs and quality of services proposed, contract negotiations, the administrative monitoring of contract performance by the agency and successful steps in terminating a contract;
(k) Present recommendations for governmental privatization and to evaluate privatization proposals submitted by any state agency;
(l) Authorize personal and professional service contracts to be effective for more than one (1) year provided a funding condition is included in any such multiple year contract, except the State Board of Education, which shall have the authority to enter into contractual agreements for student assessment for a period up to ten (10) years. The State Board of Education shall procure these services in accordance with the Public Procurement Review Board procurement regulations;
(m) Request the State Auditor to conduct a performance audit on any personal or professional service contract;
(n) Prepare an annual report to the Legislature concerning the issuance of personal and professional services contracts during the previous year, collecting any necessary information from state agencies in making such report;
(o) Develop and implement the following standards and procedures for the approval of any sole source contract for personal and professional services regardless of the value of the procurement:
(i) For the purposes of this paragraph (o), the term "sole source" means only one (1) source is available that can provide the required personal or professional service.
(ii) An agency that has been issued a binding, valid court order mandating that a particular source or provider must be used for the required service must include a copy of the applicable court order in all future sole source contract reviews for the particular personal or professional service referenced in the court order.
(iii) Any agency alleging to have a sole source for any personal or professional service, other than those exempted under paragraph (f) of this subsection (2) and subsection (8), shall publish on the procurement portal website established by Sections 25-53-151 and 27-104-165, for at least fourteen (14) days, the terms of the proposed contract for those services. In addition, the publication shall include, but is not limited to, the following information:
1. The personal or professional service offered in the contract;
2. An explanation of why the personal or professional service is the only one that can meet the needs of the agency;
3. An explanation of why the source is the only person or entity that can provide the required personal or professional service;
4. An explanation of why the amount to be expended for the personal or professional service is reasonable; and
5. The efforts that the agency went through to obtain the best possible price for the personal or professional service.
(iv) If any person or entity objects and proposes that the personal or professional service published under subparagraph (iii) of this paragraph (o) is not a sole source service and can be provided by another person or entity, then the objecting person or entity shall notify the Public Procurement Review Board and the agency that published the proposed sole source contract with a detailed explanation of why the personal or professional service is not a sole source service.
(v) 1. If the agency determines after review that the personal or professional service in the proposed sole source contract can be provided by another person or entity, then the agency must withdraw the sole source contract publication from the procurement portal website and submit the procurement of the personal or professional service to an advertised competitive bid or selection process.
2. If the agency determines after review that there is only one (1) source for the required personal or professional service, then the agency may appeal to the Public Procurement Review Board. The agency has the burden of proving that the personal or professional service is only provided by one (1) source.
3. If the Public Procurement Review Board has any reasonable doubt as to whether the personal or professional service can only be provided by one (1) source, then the agency must submit the procurement of the personal or professional service to an advertised competitive bid or selection process. No action taken by the Public Procurement Review Board in this appeal process shall be valid unless approved by a majority of the members of the Public Procurement Review Board present and voting.
(vi) The Public Procurement Review Board shall prepare and submit a quarterly report to the House of Representatives and Senate Accountability, Efficiency and Transparency Committees that details the sole source contracts presented to the Public Procurement Review Board and the reasons that the Public Procurement Review Board approved or rejected each contract. These quarterly reports shall also include the documentation and memoranda required in subsection (4) of this section. An agency that submitted a sole source contract shall be prepared to explain the sole source contract to each committee by December 15 of each year upon request by the committee.
(p) Assess any fines and administrative penalties provided for in Sections 31-7-401 through 31-7-423.
(3) All submissions shall be made sufficiently in advance of each monthly meeting of the Public Procurement Review Board as prescribed by the Public Procurement Review Board. If the Public Procurement Review Board rejects any contract submitted for review or approval, the Public Procurement Review Board shall clearly set out the reasons for its action, including, but not limited to, the policy that the agency has violated in its submitted contract and any corrective actions that the agency may take to amend the contract to comply with the rules and regulations of the Public Procurement Review Board.
(4) All sole source contracts for personal and professional services awarded by state agencies, other than those exempted under Section 27-104-7(2)(f) and (8), whether approved by an agency head or the Public Procurement Review Board, shall contain in the procurement file a written determination for the approval, using a request form furnished by the Public Procurement Review Board. The written determination shall document the basis for the determination, including any market analysis conducted in order to ensure that the service required was practicably available from only one (1) source. A memorandum shall accompany the request form and address the following four (4) points:
(a) Explanation of why this service is the only service that can meet the needs of the purchasing agency;
(b) Explanation of why this vendor is the only practicably available source from which to obtain this service;
(c) Explanation of why the price is considered reasonable; and
(d) Description of the efforts that were made to conduct a noncompetitive negotiation to get the best possible price for the taxpayers.
(5) In conjunction with the State Personnel Board, the Public Procurement Review Board shall develop and promulgate rules and regulations to define the allowable legal relationship between contract employees and the contracting departments, agencies and institutions of state government under the jurisdiction of the State Personnel Board, in compliance with the applicable rules and regulations of the federal Internal Revenue Service (IRS) for federal employment tax purposes. Under these regulations, the usual common law rules are applicable to determine and require that such worker is an independent contractor and not an employee, requiring evidence of lawful behavioral control, lawful financial control and lawful relationship of the parties. Any state department, agency or institution shall only be authorized to contract for personnel services in compliance with those regulations.
(6) No member of the Public Procurement Review Board shall use his or her official authority or influence to coerce, by threat of discharge from employment, or otherwise, the purchase of commodities, the contracting for personal or professional services, or the contracting for public construction under this chapter.
(7) Notwithstanding any other laws or rules to the contrary, the provisions of subsection (2) of this section shall not be applicable to the Mississippi State Port Authority at Gulfport.
(8) Nothing in this section shall impair or limit the authority of the Board of Trustees of the Public Employees' Retirement System to enter into any personal or professional services contracts directly related to their constitutional obligation to manage the trust funds, including, but not limited to, actuarial, custodial banks, cash management, investment consultant and investment management contracts.
(9) Notwithstanding the exemption of personal and professional services contracts entered into by the Department of Human Services and personal and professional services contracts entered into by the Department of Child Protection Services from the provisions of this section under subsection (2)(f), before the Department of Human Services or the Department of Child Protection Services may enter into a personal or professional service contract, the department(s) shall give notice of the proposed personal or professional service contract to the Public Procurement Review Board for any recommendations by the board. Upon receipt of the notice, the board shall post the notice on its website and on the procurement portal website established by Sections 25-53-151 and 27-104-165. If the board does not respond to the department(s) within seven (7) calendar days after receiving the notice, the department(s) may enter the proposed personal or professional service contract. If the board responds to the department(s) within seven (7) calendar days, then the board has seven (7) calendar days from the date of its initial response to provide any additional recommendations. After the end of the second seven-day period, the department(s) may enter the proposed personal or professional service contract. The board is not authorized to disapprove any proposed personal or professional services contracts. This subsection shall stand repealed on July 1, 2022.
SECTION 10. Section 41-61-53, Mississippi Code of 1972, is amended as follows:
41-61-53. For the purposes of Sections 41-61-51 through 41-61-79, the following definitions shall apply:
(a) "Certification of death" means signing the death certificate.
(b) "Coroner" means the elected county official provided for in Sections 19-21-101 through 19-21-107.
(c) "County medical examiner investigator" means a nonphysician trained and appointed to investigate and certify deaths affecting the public interest.
(d) "County medical examiner" means a licensed physician appointed to investigate and certify deaths affecting the public interest.
(e) "Death affecting the public interest" means any death of a human being where the circumstances are sudden, unexpected, violent, suspicious or unattended.
(f) "Medical examiner" means the medical examiner system which is composed of the State Medical Examiner, county medical examiners and county medical examiner investigators collectively, and is a jurisdictional identifier, not a title, unless the context clearly requires otherwise.
(g) "State medical examiner investigator" means a nonphysician trained and appointed by the State Medical Examiner to investigate and certify deaths affecting the public interest.
( * * *h) "Pronouncement of death"
means the statement of opinion that life has ceased for an individual.
( * * *i) "State Medical Examiner"
means the person appointed by the Commissioner of Public Safety pursuant to
Section 41-61-55 to investigate and certify deaths that affect the public
interest.
( * * *j) "Autopsy" means a
postmortem examination.
( * * *k) "Postmortem examination"
means an examination of a dead human body that may include the least invasive
to most invasive methods based on the expertise and judgment of the pathologist
handling the case.
SECTION 11. Section 41-61-63, Mississippi Code of 1972, is amended as follows:
41-61-63. (1) The State Medical Examiner shall:
(a) Provide assistance, consultation and training to county medical examiners, county medical examiner investigators, state medical examiner investigators and law enforcement officials.
(b) Keep complete records of all relevant information concerning deaths or crimes requiring investigation by the medical examiners.
(c) Promulgate rules and regulations regarding the manner and techniques to be employed while conducting autopsies; the nature, character and extent of investigations to be made into deaths affecting the public interest to allow a medical examiner to render a full and complete analysis and report; the format and matters to be contained in all reports rendered by the medical examiners; and all other things necessary to carry out the purposes of Sections 41-61-51 through 41-61-79. The State Medical Examiner shall make such amendments to these rules and regulations as may be necessary. All medical examiners, coroners and law enforcement officers shall be subject to such rules.
(d) Cooperate with the crime detection and medical examiner laboratories authorized by Section 45-1-17, the University of Mississippi Medical Center, the Attorney General, law enforcement agencies, the courts and the State of Mississippi.
(2) In addition, the medical examiners shall:
(a) Upon receipt of notification of a death affecting the public interest, make inquiries regarding the cause and manner of death, reduce the findings to writing and promptly make a full report to the State Medical Examiner on forms prescribed for that purpose. The medical examiner shall be authorized to inspect and copy the medical reports of the decedent whose death is under investigation. However, the records copied shall be maintained as confidential so as to protect the doctor/patient privilege. The medical examiners shall be authorized to request the issuance of subpoenas, through the proper court, for the attendance of persons and for the production of documents as may be required by their investigation.
(b) Complete the medical examiner's portion of the certificate of death within seventy-two (72) hours of assuming jurisdiction over a death, and forward the certificate to the funeral director or to the family. The medical examiner's portion of the certificate of death shall include the decedent's name, the date and time of death, the cause of death and the certifier's signature. If determination of the cause and/or manner of death are pending an autopsy or toxicological or other studies, these sections on the certificate may be marked "pending," with amendment and completion to follow the completion of the postmortem studies. The State Medical Examiner shall be authorized to amend a death certificate; however, the State Medical Examiner is not authorized to change or amend any death certificate after he has resigned or been removed from his office as the State Medical Examiner. Where an attending physician refuses to sign a certificate of death, or in case of any death, the State Medical Examiner or properly qualified designee may sign the death certificate.
(c) Cooperate with other agencies as provided for the State Medical Examiner in subsection (1)(d) of this section.
(d) In all investigations of deaths affecting the public interest where an autopsy will not be performed, obtain or attempt to obtain postmortem blood, urine and/or vitreous fluids. Medical examiners may also obtain rectal temperature measurements, known hair samples, radiographs, gunshot residue/wiping studies, fingerprints, palm prints and other noninvasive studies as the case warrants and/or as directed by the State Medical Examiner. Decisions shall be made in consultation with investigating law enforcement officials and/or the State Medical Examiner. The cost of all studies not performed by the Mississippi Forensics Laboratory shall be borne by the county. County medical examiner investigators shall be authorized to obtain these postmortem specimens themselves following successful completion of the death investigation training school.
(e) In all investigations of deaths occurring in the manner specified in subsection (2)(j) of Section 41-61-59, a death investigation shall be performed by the medical examiners in accordance with the child death investigation protocol established by the State Medical Examiner. The results of the death investigation shall be reported to the State Medical Examiner on forms prescribed for that purpose by the State Medical Examiner and to appropriate authorities, including police and child protective services, within three (3) days of the conclusion of the death investigation.
(3) The medical examiner shall not use his position or authority to favor any particular funeral home or funeral homes.
SECTION 12. 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 * * *. The State Medical Examiner
may be discharged * * * 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 13. Section 41-61-65, Mississippi Code of 1972, is amended as follows:
41-61-65. (1) If, in the
opinion of the medical examiner investigating the case, it is advisable and in
the public interest that an autopsy or other study be made for the purpose of
determining the primary and/or contributing cause of death, an autopsy or other
study shall be made by the State Medical Examiner, or the State Medical
Examiner may choose a competent pathologist or state medical examiner
investigator who is designated by the State Medical Examiner or the
Department of Public Safety as a pathologist qualified to perform postmortem
examinations and autopsies to perform the autopsy or study. To be eligible to
be designated under this section, a pathologist must be an M.D. or D.O. who is
certified in forensic pathology by the American Board of Pathology unless a
certified forensic pathologist is not available to perform a postmortem
examination or autopsy within a reasonable time. If a certified forensic
pathologist is not available to perform a postmortem examination or autopsy
within a reasonable time, then the State Medical Examiner may designate a state
medical examiner investigator to perform the autopsy. The State Medical
Examiner * * *,
designated pathologist or state medical examiner investigator may retain
any tissues as needed for further postmortem studies or documentation. When
the medical examiner has received notification under Section 41-39-15(6) that
the deceased is medically suitable to be an organ and/or tissue donor, the
State Medical Examiner * * *, designated pathologist or state medical examiner
investigator may retain any biopsy or medically approved sample of the
organ and/or tissue in accordance with the provisions of Section 41-39-15(6).
A complete autopsy report of findings and interpretations, prepared on forms
designated for this purpose, shall be submitted promptly to the State Medical
Examiner. Copies of the report shall be furnished to the authorizing medical
examiner, district attorney and court clerk. A copy of the report shall be
furnished to one (1) adult member of the immediate family of the deceased or
the legal representative or legal guardian of members of the immediate family
of the deceased upon request. In determining the need for an autopsy, the
medical examiner may consider the request from the district attorney or county
prosecuting attorney, law enforcement or other public officials or private
persons. However, if the death occurred in the manner specified in subsection
(2)(j) of Section 41-61-59, an autopsy shall be performed by the State Medical
Examiner * * *,
a designated pathologist or state medical examiner investigator who is
qualified as required by this subsection, and the report of findings shall be
forwarded promptly to the State Medical Examiner, investigating medical
examiner, the State Department of Health, the infant's attending physician and
the local sudden infant death syndrome coordinator.
(2) Any medical examiner * * *, duly licensed physician performing
authorized investigations and/or autopsies or state medical examiner
investigator as provided in Sections 41-61-51 through 41-61-79 who, in good
faith, complies with the provisions of Sections 41-61-51 through 41-61-79 in
the determination of the cause and/or manner of death for the purpose of
certification of that death, shall not be liable for damages on account
thereof, and shall be immune from any civil liability that might otherwise be
incurred or imposed.
(3) Family members or
others who disagree with the medical examiner's determination shall be able to
petition and present written argument to the State Medical Examiner for further
review. If the petitioner still disagrees, he may petition the circuit court,
which may, in its discretion, hold a formal hearing. In all those proceedings,
the State Medical Examiner and the county medical examiner * * *, county medical examiner
investigator or state medical examiner investigator who certified the information
shall be made defendants. All costs of the petition and hearing shall be borne
by the petitioner.
SECTION 14. Section 41-61-77, Mississippi Code of 1972, is amended as follows:
41-61-77. (1) The Department of Public Safety shall establish and maintain a central office for the Mississippi Forensics Laboratory and the State Medical Examiner with appropriate facilities and personnel for postmortem medicolegal examinations. District offices, with appropriate facilities and personnel, may also be established and maintained if considered necessary by the department for the proper management of postmortem examinations.
The facilities of the central and district offices and their staff services may be available to the medical examiners and designated pathologists in their investigations.
(2) In order to provide proper facilities for investigating deaths as authorized in Sections 41-61-51 through 41-61-79, the State Medical Examiner may arrange for the use of existing public or private laboratory facilities. The State Medical Examiner may contract with qualified persons to perform or to provide support services for autopsies, studies and investigations not inconsistent with other applicable laws. Such laboratory facilities may be located at the University of Mississippi Medical Center or any other suitable location. The State Medical Examiner may be an affiliate or regular faculty member of the Department of Pathology at the University of Mississippi Medical Center and may serve as a member of the faculty of other institutions of higher learning. He shall be authorized to employ, with the approval of the Commissioner of Public Safety, such additional scientific, technical, administrative and clerical assistants as are necessary for performance of his duties. Such employees in the Office of the State Medical Examiner shall be subject to the rules, regulations and policies of the Mississippi State Personnel Board in their employment.
(3) The State Medical
Examiner shall be authorized to employ qualified pathologists as deputy * * * state medical examiners as are necessary
to carry out the duties of his office. The deputy * * * state medical examiners shall be licensed
to practice medicine * * * and, either board-certified in forensic pathology by the
American Board of Pathology or be a physician who is eligible to sit for the
forensic pathology board examination administered by the American Board of
Pathology. The State Medical Examiner may delegate specific duties to competent
and qualified medical examiners within the scope of the express authority
granted to him by law or regulation. Employees of the Office of the State
Medical Examiner shall have the authority to enter any political subdivisions
of this state for the purpose of carrying out medical investigations.
SECTION 15. Section 63-11-23, Mississippi Code of 1972, is amended as follows:
63-11-23. (1) Administrative license suspension for test refusal. The Commissioner of Public Safety, or his authorized agent, shall review the sworn report by a law enforcement officer as provided in Section 63-11-21.
(a) If upon review the
Commissioner of Public Safety, or his authorized agent, finds (i) that the law
enforcement officer had reasonable grounds and probable cause to believe the
person had been operating a motor vehicle upon the public highways, public
roads * * * or
streets of this state while under the influence of intoxicating liquor or any
other substance that may impair a person's mental or physical ability; (ii)
that the person refused to submit to the chemical test of the person's breath,
blood or urine upon request of the officer; and (iii) that the person was
informed that his license and driving privileges would be suspended or denied
if he refused to submit to the chemical test of his breath, blood or urine,
then the Commissioner of Public Safety, or his authorized agent, shall give
notice to the licensee that his license or permit to drive, or any nonresident
operating privilege, shall be suspended thirty (30) days after the date of the
notice for a period of ninety (90) days if the person has not previously been
convicted of or nonadjudicated for a violation of Section 63-11-30, or, for a
period of one (1) year if the person was previously convicted or nonadjudicated
under Section 63-11-30. If the commissioner or his authorized agent determines
that the license or permit should not be suspended, he shall return the license
or permit to the licensee.
(b) The notice of suspension shall be in writing and conform to Section 63-1-52.
(c) A person may continue to drive on either an interlock-restricted license or under a drug-testing program if so ordered by a court in the course of a criminal proceeding for a violation of Section 63-11-30.
(2) Extension or suspension of privilege to drive; request for trial. (a) If the chemical testing of a person's breath indicates the blood alcohol concentration was eight one-hundredths percent (.08%) or more for persons who are above the legal age to purchase alcoholic beverages under state law, or two one-hundredths percent (.02%) or more for persons who are below the legal age to purchase alcoholic beverages under state law, based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath as shown by a chemical analysis of the person's blood, breath, or urine, the arresting officer shall seize the license and give the driver a receipt for his license on forms prescribed by the Commissioner of Public Safety and shall promptly forward the license together with a sworn report to the Commissioner of Public Safety. The receipt given a person shall be valid as a permit to operate a motor vehicle for thirty (30) days in order that the defendant may be processed through the court having original jurisdiction and a final disposition had.
(b) If the defendant requests a trial within thirty (30) days and trial is not commenced within thirty (30) days, then the court shall determine if the delay in the trial is the fault of the defendant or his counsel. If the court finds that it is not the fault of the defendant or his counsel, then the court shall order the defendant's privileges to operate a motor vehicle to be extended until the defendant is convicted upon final order of the court.
(c) If a receipt or permit to drive issued under this subsection expires without a trial having been requested as provided in this subsection, then the Commissioner of Public Safety, or his authorized agent, shall suspend the license or permit to drive or any nonresident operating privilege for the applicable period of time as provided in subsection (1) of this section.
(3) Offenders driving without a license. If the person is a resident without a license or permit to operate a motor vehicle in this state, the Commissioner of Public Safety, or his authorized agent, shall deny to the person the issuance of a license or permit for a period of one (1) year beginning thirty (30) days after the date of notice of the suspension.
(4) Appeal. It shall be the duty of the municipal prosecuting attorney, county prosecuting attorney, an attorney employed under the provisions of Section 19-3-49, or if there is not a prosecuting attorney for the municipality or county, the duty of the district attorney to represent the state in any hearing on a de novo appeal held under the provisions of Section 63-11-25, Section 63-11-37 or Section 63-11-30.
(5) Suspension
subsequent to conviction. Unless the person obtains an interlock-restricted
license or the court orders the person to exercise the privilege to operate a
motor vehicle only under an interlock-restricted license * * *
that documents a person's conviction under Section 63-11-30, the
Department of Public Safety shall suspend the driver's license and privileges
of the person to operate a motor vehicle as follows:
(a) When sentenced under Section 63-11-30(2):
(i) For a first offense: one hundred twenty (120) days;
(ii) For a second offense: one (1) year;
(iii) For a third offense: for the full period of the person's sentence; upon release from incarceration, the person will be eligible for only an interlock-restricted license for three (3) years;
(iv) For a fourth or subsequent offense: for the full period of the person's sentence; upon release from incarceration, the person will be eligible for only an interlock-restricted license for ten (10) years and will further be subject to court-ordered drug testing if the original offense involved operating a motor vehicle under the influence of a drug other than alcohol.
(b) When sentenced under Section 63-11-30(3) (Zero Tolerance for Minors):
(i) For a first offense: one hundred twenty (120) days;
(ii) For a second offense: one (1) year;
(iii) For a third offense occurring within five (5) years, suspend or deny the driving privilege for two (2) years or until the person reaches the age of twenty-one (21), whichever is longer.
(6) Suspensions. (a) Notices of suspension given under this section shall be in writing and conform to Section 63-1-52.
(b) Suspensions under this and any other chapter shall run consecutively and not concurrently.
(7) License reinstatement. A person is eligible for an unrestricted license when the person has completed an alcohol safety education program as provided in Section 63-11-32, has satisfied all other conditions of law and of the person's sentence or nonadjudication, and is not otherwise barred from obtaining an unrestricted license.
SECTION 16. Section 41-61-59, Mississippi Code of 1972, is brought forward as follows:
41-61-59. (1) A person's death that affects the public interest as specified in subsection (2) of this section shall be promptly reported to the medical examiner by the physician in attendance, any hospital employee, any law enforcement officer having knowledge of the death, the embalmer or other funeral home employee, any emergency medical technician, any relative or any other person present. The appropriate medical examiner shall notify the municipal or state law enforcement agency or sheriff and take charge of the body. When the medical examiner has received notification under Section 41-39-15(6) that the deceased is medically suitable to be an organ and/or tissue donor, the medical examiner's authority over the body shall be subject to the provisions of Section 41-39-15(6). The appropriate medical examiner shall notify the Mississippi Bureau of Narcotics within twenty-four (24) hours of receipt of the body in cases of death as described in subsection (2)(m) or (n) of this section.
(2) A death affecting the public interest includes, but is not limited to, any of the following:
(a) Violent death, including homicidal, suicidal or accidental death.
(b) Death caused by thermal, chemical, electrical or radiation injury.
(c) Death caused by criminal abortion, including self-induced abortion, or abortion related to or by sexual abuse.
(d) Death related to disease thought to be virulent or contagious that may constitute a public hazard.
(e) Death that has occurred unexpectedly or from an unexplained cause.
(f) Death of a person confined in a prison, jail or correctional institution.
(g) Death of a person where a physician was not in attendance within thirty-six (36) hours preceding death, or in prediagnosed terminal or bedfast cases, within thirty (30) days preceding death.
(h) Death of a person where the body is not claimed by a relative or a friend.
(i) Death of a person where the identity of the deceased is unknown.
(j) Death of a child under the age of two (2) years where death results from an unknown cause or where the circumstances surrounding the death indicate that sudden infant death syndrome may be the cause of death.
(k) Where a body is brought into this state for disposal and there is reason to believe either that the death was not investigated properly or that there is not an adequate certificate of death.
(l) Where a person is presented to a hospital emergency room unconscious and/or unresponsive, with cardiopulmonary resuscitative measures being performed, and dies within twenty-four (24) hours of admission without regaining consciousness or responsiveness, unless a physician was in attendance within thirty-six (36) hours preceding presentation to the hospital, or in cases in which the decedent had a prediagnosed terminal or bedfast condition, unless a physician was in attendance within thirty (30) days preceding presentation to the hospital.
(m) Death that is caused by drug overdose or which is believed to be caused by drug overdose.
(n) When a stillborn fetus is delivered and the cause of the demise is medically believed to be from the use by the mother of any controlled substance as defined in Section 41-29-105.
(3) The State Medical Examiner is empowered to investigate deaths, under the authority hereinafter conferred, in any and all political subdivisions of the state. The county medical examiners and county medical examiner investigators, while appointed for a specific county, may serve other counties on a regular basis with written authorization by the State Medical Examiner, or may serve other counties on an as-needed basis upon the request of the ranking officer of the investigating law enforcement agency. If a death affecting the public interest takes place in a county other than the one where injuries or other substantial causal factors leading to the death have occurred, jurisdiction for investigation of the death may be transferred, by mutual agreement of the respective medical examiners of the counties involved, to the county where the injuries or other substantial causal factors occurred, and the costs of autopsy or other studies necessary to the further investigation of the death shall be borne by the county assuming jurisdiction.
(4) The chief county medical examiner or chief county medical examiner investigator may receive from the county in which he serves a salary of One Thousand Two Hundred Fifty Dollars ($1,250.00) per month, in addition to the fees specified in Sections 41-61-69 and 41-61-75, provided that no county shall pay the chief county medical examiner or chief county medical examiner investigator less than Three Hundred Dollars ($300.00) per month as a salary, in addition to other compensation provided by law. In any county having one or more deputy medical examiners or deputy medical examiner investigators, each deputy may receive from the county in which he serves, in the discretion of the board of supervisors, a salary of not more than Nine Hundred Dollars ($900.00) per month, in addition to the fees specified in Sections 41-61-69 and 41-61-75; however, no county shall pay the deputy medical examiners or deputy medical examiner investigators less than Three Hundred Dollars ($300.00) per month as a salary in addition to other compensation provided by law. For this salary the chief shall assure twenty-four-hour daily and readily available death investigators for the county, and shall maintain copies of all medical examiner death investigations for the county for at least the previous five (5) years. He shall coordinate his office and duties and cooperate with the State Medical Examiner, and the State Medical Examiner shall cooperate with him.
SECTION 17. Section 41-61-61, Mississippi Code of 1972, is brought forward as follows:
41-61-61. (1) Upon the death of any person where that death affects the public interest, the medical examiner of the county in which the body of the deceased is found or, if death occurs in a moving conveyance, where the conveyance stops and death is pronounced, shall be notified promptly by any person having knowledge or suspicion of such a death, as provided in subsection (1) of Section 41-61-59. The medical examiner shall then notify the State Medical Examiner, in accordance with Section 41-61-63(2)(a). No person shall disturb the body at the scene of such a death until authorized by the medical examiner, unless the medical examiner is unavailable and it is determined by an appropriate law enforcement officer that the presence of the body at the scene would risk the integrity of the body or provide a hazard to the safety of others. For the limited purposes of this section, expression of an opinion that death has occurred may be made by a nurse, an emergency medical technician, or any other competent person, in the absence of a physician.
(2) The discovery of anatomical material suspected of being part of the human body shall be promptly reported either (a) to the medical examiner of the county in which the material is found, who shall report the discovery to the State Medical Examiner, or (b) to the State Medical Examiner.
(3) A person who willfully moves, distributes or conceals a body or body part in violation of this section is guilty of a misdemeanor, and may be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment for not more than six (6) months in the county jail, or by both such fine and imprisonment.
(4) Upon oral or written authorization of the medical examiner, if an autopsy is to be performed, the body shall be transported directly to an autopsy facility in a suitable secure conveyance, and the expenses of transportation shall be paid by the county for which the service is provided. The county may contract with individuals or make available a vehicle to the medical examiner or law enforcement personnel for transportation of bodies.
SECTION 18. Section 41-61-75, Mississippi Code of 1972, is brought forward as follows:
41-61-75. (1) For each investigation with the preparation and submission of the required reports, the following fees shall be billed to and paid by the county for which the service is provided:
(a) A medical examiner or his deputy shall receive One Hundred Seventy-five Dollars ($175.00) for each completed report of investigation of death, plus the examiner's actual expenses. In addition to that fee, in cases where the cause of death was sudden infant death syndrome (SIDS) and the medical examiner provides a SIDS Death Scene Investigation report, the medical examiner shall receive for completing that report an additional Fifty Dollars ($50.00), or an additional One Hundred Dollars ($100.00) if the medical examiner has received advanced training in child death investigations and presents to the county a certificate of completion of that advanced training. The State Medical Examiner shall develop and prescribe a uniform format and list of matters to be contained in SIDS/Child Death Scene Investigation reports, which shall be used by all county medical examiners and county medical examiner investigators in the state.
(b) The pathologist performing autopsies as provided in Section 41-61-65 shall receive One Thousand Dollars ($1,000.00) per completed autopsy, plus mileage expenses to and from the site of the autopsy, and shall be reimbursed for any out-of-pocket expenses for third-party testing, not to exceed One Hundred Dollars ($100.00) per autopsy.
(2) Any medical examiner, physician or pathologist who is subpoenaed for appearance and testimony before a grand jury, courtroom trial or deposition shall be entitled to an expert witness hourly fee to be set by the court and mileage expenses to and from the site of the testimony, and such amount shall be paid by the jurisdiction or party issuing the subpoena.
(3) This section shall stand repealed on July 1, 2021.
SECTION 19. Sections 19 through 23 of this act shall be known and may be referred to as the "Mississippi Unmanned Aircraft Systems Protection Act of 2021."
SECTION 20. For the purposes of Sections 19 through 23 of this act, unless otherwise specified, the following terms shall have the following meanings:
(a) "Correctional facility" means any of the following:
(i) Confinement facility operated or contracted by the Mississippi Department of Corrections;
(ii) Confinement facility operated or contracted by the Federal Department of Prisons;
(iii) Municipality or county jail;
(iv) Confinement facility operated or contracted by the Federal Department of Prisons; or
(v) Public or private youth detention facility.
(b) "Critical infrastructure" means any of the following, whether public or private:
(i) Petroleum refinery or storage location;
(ii) Electrical power generation facility, substation, switching station or electrical control center;
(iii) Chemical manufacturing facility;
(iv) Water intake structure, water treatment facility or pumping station;
(v) Natural gas terminal or compressor station;
(vi) Telecommunications control stations, towers, or any structure that provides wire or wireless communication services;
(vii) Port, railroad switch yard, trucking terminal or other freight transportation facility;
(viii) Gas processing facility;
(ix) Commercial transport vessel operating on any inland waterway or ocean;
(x) Military installation owned by the federal or state government;
(xi) Entity contracted by the Department of Defense or Mississippi Military Department to produce defense products;
(xii) Any other facility completely enclosed by a fence or physical barrier designed to exclude intrusion; or
(xiii) Any other facility marked with a sign or signs that are posed on the property.
(c) "Unmanned aircraft" means an aircraft that in constructed or operated without the possibility of direct human intervention from within or on the aircraft, including every object that is on board or otherwise attached to the aircraft, or carried or operated during flight, regardless of weight. For purposes of this act, this term is synonymous with the term "drone."
(d) "Unmanned aircraft system" means an unmanned aircraft and all associated elements, including, but not limited to, communication links, sensing devices and components that control the unmanned aircraft.
SECTION 21. A person commits the offense of unlawful use of an unmanned aircraft system if he or she knowingly:
(a) Uses an unmanned aircraft system to conduct surveillance of, collect information or data, or photographically or electronically record a critical infrastructure or correctional facility without the prior written consent of the owner, or his/her designee, of the critical infrastructure or correctional facility; or
(b) Delivers or attempts to deliver contraband using an Unmanned Aerial System (UAS) on a correctional facility property or adjacent property for the purpose of introducing contraband into a correctional facility.
SECTION 22. Nothing in Sections 19 through 23 of this act shall be deemed to prohibit the operation of an unmanned aircraft system by a law enforcement agency for any lawful purpose in this state. A public agency or contractor may operate an unmanned aircraft system only if the public agency or contracted entity operates the unmanned aircraft system in accordance with written permission required under Section 21(a) of this act and with the rules and regulations adopted by the Federal Aviation Administration.
SECTION 23. (1) Any person who is convicted of Section 21(a) under this act shall be guilty of a misdemeanor, punishable up to one (1) year in prison and/or a fine not to exceed One Thousand Dollars ($1,000.00) for the first offense. A second or subsequent offense is subject to a felony, punishable by a maximum penalty of up to five (5) years in prison and/or a fine not to exceed Ten Thousand Dollars ($10,000.00).
(2) Any person convicted of Section 21(b) of this act shall be guilty of a felony, punishable by a term of no less than three (3) years and no more than fifteen (15) years in the State Penitentiary, a fine not to exceed Twenty-five Thousand Dollars ($25,000.00), or both.
SECTION 24. This act shall take effect and be in force from and after July 1, 2021.