House Bill 1282

AN ACT TO AMEND SECTIONS 21-17-5, 21-19-15 AND 21-37-3, MISSISSIPPI CODE OF 1972, TO CLARIFY THE AUTHORITY OF MUNICIPALITIES BY RETROACTIVELY AND PROSPECTIVELY PROHIBITING GOVERNING AUTHORITIES OF MUNICIPALITIES FROM RESTRICTING THE EXERCISE OF FREE SPEECH AND OTHER FUNDAMENTAL RIGHTS WITHIN THE IMMEDIATE VICINITY OF MEDICAL OR HEATH CARE FACILITIES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 21-17-5, Mississippi Code of 1972, is amended as follows:

21-17-5. (1) The governing authorities of every municipality of this state shall have the care, management and control of the municipal affairs and its property and finances. In addition to those powers granted by specific provisions of general law, the governing authorities of municipalities shall have the power to adopt any orders, resolutions or ordinances with respect to such municipal affairs, property and finances which are not inconsistent with the Mississippi Constitution of 1890, the Mississippi Code of 1972, or any other statute or law of the State of Mississippi, and shall likewise have the power to alter, modify and repeal such orders, resolutions or ordinances. Except as otherwise provided in subsection (2) of this section, the powers granted to governing authorities of municipalities in this section are complete without the existence of or reference to any specific authority granted in any other statute or law of the State of Mississippi. Unless otherwise provided by law, before entering upon the duties of their respective offices, the aldermen or councilmen of every municipality of this state shall give bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in a penalty equal to five percent (5%) of the sum of all the municipal taxes shown by the assessment rolls and the levies to have been collectible in the municipality for the year immediately preceding the commencement of the term of office of said alderman or councilman; however, such bond shall not exceed One Hundred Thousand Dollars ($100,000.00). For all municipalities with a population more than two thousand (2,000) according to the latest federal decennial census, the amount of the bond shall not be less than Fifty Thousand Dollars ($50,000.00). Any taxpayer of the municipality may sue on such bond for the use of the municipality, and such taxpayer shall be liable for all costs in case his suit shall fail. No member of the city council or board of aldermen shall be surety for any other such member.

(2) Unless such actions are specifically authorized by another statute or law of the State of Mississippi, this section shall not authorize the governing authorities of municipalities to (a) levy taxes of any kind or increase the levy of any authorized tax, (b) issue bonds of any kind, (c) change the requirements, practices or procedures for municipal elections or establish any new elective office, (d) change the procedure for annexation of additional territory into the municipal boundaries, (e) change the structure or form of the municipal government, (f) permit the sale, manufacture, distribution, possession or transportation of alcoholic beverages, (g) grant any donation, * * * or (h) without prior legislative approval, regulate, directly or indirectly, the amount of rent charged for leasing private residential property in which the municipality does not have a property interest or (i) without prior legislative approval, regulate, directly or indirectly, the exercise of free speech or other fundamental rights in the immediate vicinity of any medical facility, hospital, clinic or other health care facility.

(3) Subsection (2) (i) of this section shall have retroactive effect with respect to any orders, resolutions or ordinances adopted by any municipal governing authority prior to July 1, 2021, which purport to regulate, directly or indirectly, the exercise of free speech or other fundamental rights in the immediate vicinity of any medical facility, hospital, clinic or other health care facility, and such orders, resolutions or ordinances are beyond the scope of power granted by this section and are without force unless approved by the Legislature or specifically authorized by another statute or law of the State of Mississippi.

( * * *34) Nothing in this or any other section shall be construed so as to prevent any municipal governing authority from paying any municipal employee not to exceed double his ordinary rate of pay or awarding any municipal employee not to exceed double his ordinary rate of compensatory time for work performed in his capacity as a municipal employee on legal holidays. The governing authority of any municipality shall enact leave policies to ensure that a public safety employee is paid or granted compensatory time for the same number of holidays for which any other municipal employee is paid.

( * * *45) The governing authority of any municipality, in its discretion, may expend funds to provide for training and education of newly elected or appointed municipal officials before the beginning of the term of office or employment of such officials. Any expenses incurred for such purposes may be allowed only upon prior approval of the governing authority. Any payments or reimbursements made under the provisions of this subsection may be paid only after presentation to and approval by the governing authority of the municipality.

( * * *56) The governing authority of any municipality may lease the naming rights to municipal property to a private commercial entity.

SECTION 2. Section 21-19-15, Mississippi Code of 1972, is amended as follows:

21-19-15. (1) The governing authorities of municipalities shall have power to make all needful police regulations necessary for the preservation of good order and peace of the municipality and to prevent injury to, destruction of, or interference with public or private property.

(2) The governing authority of a municipality shall have the power to regulate or prohibit any mill, laundry or manufacturing plant from operating whereby the soot, cinders or smoke therefrom, or the unnecessary noises thereof, may do damage to or interfere with the use or occupation of public or private property.

(3) The governing authority of a municipality shall have the power to prohibit or regulate the sale or use of firecrackers, roman candles, torpedoes, sky rockets, and any and all explosives commonly known and referred to as fireworks; the term "fireworks" shall not include toy pistols, toy canes, toy guns, other devices in which paper caps manufactured in accordance with United States Interstate Commerce Commission regulations for packing and shipping of toy paper caps are used, or toy pistol paper caps manufactured as provided herein, the sale and use of which shall be permitted at all times.

(4) The governing authority of a municipality may enact an ordinance specifying the manner and means by which a motor vehicle may be immobilized due to failure of the record title owner of the motor vehicle to pay traffic or parking fines totaling over Two Hundred Dollars ($200.00).

(5) The governing authority of a municipality may enforce an ordinance regulating or restricting parking on any public street or roadway. However, signage that adequately describes the parking regulation or restriction must be posted.

(6) Nothing in this section shall be construed to authorize the governing authorities of municipalities to, without prior legislative approval, regulate, directly or indirectly, the exercise of free speech or other fundamental rights in the immediate vicinity of any medical facility, hospital, clinic or other health care facility. This subsection (6) shall have retroactive effect and applies to all orders, resolutions or ordinances of all municipal governing authorities, whether adopted before or after July 1, 2021.

SECTION 3. Section 21-37-3, Mississippi Code of 1972, is amended as follows:

21-37-3. (1) Except as otherwise provided in subsection (2) of this section, the governing authorities of municipalities shall have the power to exercise full jurisdiction in the matter of streets, sidewalks, sewers, and parks; to open and lay out and construct the same; and to repair, maintain, pave, sprinkle, adorn, and light the same.

(2) Section 63-3-208 * * *, shall govern the use of electric personal assistive mobility devices (as defined in Section 63-3-103) on streets and sidewalks.

(3) Nothing in this section shall be construed to authorize the governing authorities of municipalities to, without prior legislative approval, regulate, directly or indirectly, the exercise of free speech or other fundamental rights in the immediate vicinity of any medical facility, hospital, clinic or other health care facility. This subsection (3) of this section shall have retroactive effect and applies to all orders, resolutions or ordinances of all municipal governing authorities, whether adopted before or after July 1, 2021.

SECTION 4. This act shall take effect and be in force from and after July 1, 2021.