MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Public Health and Human Services
By: Representative Ladner
AN ACT TO AMEND SECTION 33-15-5, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITIONS OF "STATE OF EMERGENCY," "LOCAL EMERGENCY" AND "NATURAL EMERGENCY" IN THE MISSISSIPPI EMERGENCY MANAGEMENT LAW TO INCLUDE "AN EPIDEMIC" AND "A PANDEMIC"; TO AMEND SECTION 33-15-11, MISSISSIPPI CODE OF 1972, TO PROVIDE A MAXIMUM TIME PERIOD FOR ANY STATE OF EMERGENCY OR DECLARATION OF EMERGENCY IMPACT AREA; TO PROHIBIT CONTINUATIONS OF SUCH EMERGENCIES EXCEPT BY LEGISLATIVE ENACTMENT; TO CREATE NEW SECTION 41-39-17, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE DEPARTMENT OF HEALTH TO RECEIVE AND STORE DEAD HUMAN BODIES WHEN THE GOVERNOR PROCLAIMS A STATE OF EMERGENCY AND INSUFFICIENT FACILITIES EXIST IN COUNTIES AND MUNICIPALITIES TO RECEIVE AND STORE THE BODIES; TO AMEND SECTIONS 41-61-61 AND 41-61-69, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 33-15-5, Mississippi Code of 1972, is amended as follows:
33-15-5. The following words, whenever used in this article shall, unless a different meaning clearly appears from the context, have the following meanings:
(a) "Agency" means the Mississippi Emergency Management Agency, created by Section 33-15-7.
(b) "Director" means the Director of Emergency Management, appointed pursuant to Section 33-15-7.
(c) "Emergency management" means the preparation for, the mitigation of, the response to, and the recovery from emergencies and disasters. Specific emergency management responsibilities include, but are not limited to:
(i) Reduction of vulnerability of people and communities of this state to damage, injury and loss of life and property resulting from natural, technological or man-made emergencies or hostile military paramilitary action.
(ii) Preparation for prompt and efficient response and recovery to protect lives and property affected by emergencies.
(iii) Response to emergencies using all systems, plans and resources necessary to preserve adequately the health, safety and welfare of persons or property affected by the emergency.
(iv) Recovery from emergencies by providing for the rapid and orderly start of restoration and rehabilitation of persons and property affected by emergencies.
(v) Provision of an emergency management system embodying all aspects of preemergency preparedness and postemergency response, recovery and mitigation.
(vi) Assistance in anticipation, recognition, appraisal, prevention and mitigation of emergencies which may be caused or aggravated by inadequate planning for, and regulation of public and private facilities and land use.
(d) "Civil defense," whenever it appears in the laws of the State of Mississippi, shall mean "emergency management" unless the context clearly indicates otherwise.
(e) "State of war emergency" means the condition which exists immediately, with or without a proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the United States or upon receipt by the state of a warning from the federal government indicating that such an attack is probable or imminent.
(f) "State of emergency" means the duly proclaimed existence of conditions of disaster or extreme peril to the safety or health of persons or property within the state caused by air or water pollution, fire, flood, storm, epidemic, pandemic, earthquake, hurricane, resource shortages, or other natural or man-made conditions other than conditions causing a "state of war emergency," which conditions by reasons of their magnitude are or are likely to be beyond the control of the services, personnel, equipment and facilities of any single county and/or municipality and requires combined forces of the state to combat.
(g) "Local emergency" means the duly proclaimed existence of conditions of disaster or extreme peril to the safety or health of persons and property within the territorial limits of a county and/or municipality caused by such conditions as air or water pollution, fire, flood, storm, epidemic, pandemic, earthquake, hurricane, resource shortages or other natural or man-made conditions, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of the political subdivision and require the combined forces of other subdivisions or of the state to combat.
(h) "Emergency" means any occurrence, or threat thereof, whether natural, technological, or man-made, in war or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property.
(i) "Man-made emergency" means an emergency caused by an action against persons or society, including, but not limited to, emergency attack, sabotage, terrorism, civil unrest or other action impairing the orderly administration of government.
(j) "Natural emergency" means an emergency caused by a natural event, including, but not limited to, an epidemic, a pandemic, a hurricane, a storm, a flood, severe wave action, a drought or an earthquake.
(k) "Technological emergency" means an emergency caused by a technological failure or accident, including, but not limited to, an explosion, transportation accident, radiological accident, or chemical or other hazardous material incident.
(l) "Local emergency management agency" means an organization created to discharge the emergency management responsibilities and functions of a political subdivision.
(m) "Disaster" means any natural, technological or civil emergency as defined in this section that causes damage of sufficient severity and magnitude to result in a declaration of an emergency by a county or municipality, the Governor or the President of the United States. Disasters shall be identified by the severity of resulting damage, as follows:
(i) "Catastrophic disaster" means a disaster that will require massive state and federal assistance, including immediate military involvement.
(ii) "Major disaster" means a disaster that will likely exceed local capabilities and require a broad range of state and federal assistance.
(iii) "Minor disaster" means a disaster that is likely to be within the response capabilities of local government and to result in only a minimal need for state or federal assistance.
(n) "Disaster Reservist" means any person hired on a temporary basis pursuant to State Personnel Board policies and procedures regulating personal service contracts, that is hired to perform specific tasks related to a Governor's State of Emergency, or by an emergency or disaster declaration of the President of the United States, by the agency, and is assigned to perform such duties as may be required under the direction of the appropriate agency supervisor.
(o) "Emergency impact area" means the area of the state in which market conditions exist due to a state of emergency creating a likelihood that prices ordinarily charged for goods and services could be raised unfairly due to the underlying emergency.
(p) "Political subdivision" means a local government created by the State of Mississippi to assist in fulfilling the state's obligations. The term "political subdivision" includes levee districts.
SECTION 2. Section 33-15-11, Mississippi Code of 1972, is amended as follows:
33-15-11. (a) The Governor shall have general direction and control of the activities of the Emergency Management Agency and Council and shall be responsible for the carrying out of the provisions of this article, and in the event of a man-made, technological or natural disaster or emergency beyond local control, may assume direct operational control over all or any part of the emergency management functions within this state.
(b) In performing his duties under this article, the Governor is further authorized and empowered:
(1) To make, amend and rescind the necessary orders, rules and regulations to carry out the provisions of this article with due consideration of the plans of the federal government, and to enter into disaster assistance grants and agreements with the federal government under the terms as may be required by federal law.
(2) To work with the Mississippi Emergency Management Agency in preparing a comprehensive plan and program for the emergency management of this state, such plan and program to be integrated into and coordinated with the emergency management plans of the federal government and of other states to the fullest possible extent, and to coordinate the preparation of plans and programs for emergency management by the political subdivisions of this state, such local plans to be integrated into and coordinated with the emergency management plan and program of this state to the fullest possible extent.
(3) In accordance with such plan and program for emergency management of this state, to ascertain the requirements of the state or the political subdivisions thereof for food or clothing or other necessities of life in the event of attack or natural or man-made or technological disasters and to plan for and procure supplies, medicines, materials and equipment, and to use and employ from time to time any of the property, services and resources within the state, for the purposes set forth in this article; to make surveys of the industries, resources and facilities within the state as are necessary to carry out the purposes of this article; to institute training programs and public information programs, and to take all other preparatory steps, including the partial or full mobilization of emergency management organizations in advance of actual disaster, to insure the furnishing of adequately trained and equipped forces of emergency management personnel in time of need.
(4) To cooperate with the President and the heads of the Armed Forces, and the Emergency Management Agency of the United States, and with the officers and agencies of other states in matters pertaining to the emergency management of the state and nation and the incidents thereof; and in connection therewith, to take any measures which he may deem proper to carry into effect any request of the President and the appropriate federal officers and agencies, for any action looking to emergency management, including the direction or control of (a) blackouts and practice blackouts, air raid drills, mobilization of emergency management forces, and other tests and exercises, (b) warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith, (c) the effective screening or extinguishing of all lights and lighting devices and appliances, (d) shutting off water mains, gas mains, electric power connections and the suspension of all other utility services, (e) the conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic during, prior and subsequent to drills or attack, (f) public meetings or gatherings under emergency conditions, and (g) the evacuation and reception of the civilian population.
(5) To take such action and give such directions to state and local law enforcement officers and agencies as may be reasonable and necessary for the purpose of securing compliance with the provisions of this article and with the orders, rules and regulations made pursuant thereto.
(6) To employ such measures and give such directions to the state or local boards of health as may be reasonably necessary for the purpose of securing compliance with the provisions of this article or with the findings or recommendations of such boards of health by reason of conditions arising from enemy attack or the threat of enemy attack or natural, man-made or technological disaster.
(7) To utilize the services and facilities of existing officers and agencies of the state and of the political subdivisions thereof; and all such officers and agencies shall cooperate with and extend their services and facilities to the Governor as he may request.
(8) To establish agencies and offices and to appoint executive, technical, clerical and other personnel as may be necessary to carry out the provisions of this article including, with due consideration to the recommendation of the local authorities, part-time or full-time state and regional area directors.
(9) To delegate any authority vested in him under this article, and to provide for the subdelegation of any such authority.
(10) On behalf of this state to enter into reciprocal aid agreements or compacts with other states and the federal government, either on a statewide basis or local political subdivision basis or with a neighboring state or province of a foreign country. Such mutual aid arrangements shall be limited to the furnishings or exchange of food, clothing, medicine and other supplies; engineering services; emergency housing; police services; national or state guards while under the control of the state; health, medical and related services; firefighting, rescue, transportation and construction services and equipment; personnel necessary to provide or conduct these services; and such other supplies, equipment, facilities, personnel and services as may be needed; the reimbursement of costs and expenses for equipment, supplies, personnel and similar items for mobile support units, firefighting and police units and health units; and on such terms and conditions as are deemed necessary.
(11) To sponsor and develop mutual aid plans and agreements between the political subdivisions of the state, similar to the mutual aid arrangements with other states referred to above.
(12) To collect information and data for assessment of vulnerabilities and capabilities within the borders of Mississippi as it pertains to the nation and state's security and homeland defense. This information shall be exempt from the Mississippi Public Records Act, Section 25-61-1 et seq.
(13) Authorize any agency or arm of the state to create a special emergency management revolving fund, accept donations, contributions, fees, grants, including federal funds, as may be necessary for such agency or arm of the state to administer its functions of this article as set forth in the Executive Order of the Governor.
(14) To authorize the Commissioner of Public Safety to select, train, organize and equip a ready reserve of auxiliary highway patrolmen.
(15) To suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms, explosives and combustibles.
(16) To control, restrict and regulate by rationing, freezing, use of quotas, prohibitions on shipments, price-fixing, allocation or other means, the use, sale or distribution of food, feed, fuel, clothing and other commodities, materials, goods or services.
(17) To proclaim a state
of emergency in an area affected or likely to be affected thereby when he finds
that the conditions described in Section 33-15-5(g) exist, or when he is
requested to do so by the mayor of a municipality or by the president of the
board of supervisors of a county, or when he finds that a local authority is
unable to cope with the emergency. Such proclamation shall be in writing and
shall take effect immediately upon its execution by the Governor. As soon thereafter
as possible, such proclamation shall be filed with the Secretary of State and
be given widespread notice and publicity. The Governor shall not proclaim more
than one (1) state of emergency during the same time period in the same area and/or
arising out of the same or similar conditions described in this paragraph (17).
The Governor, upon advice of the director, shall review the need for continuing
the state of emergency at least every * * * fifteen (15) days.
No state of emergency may be continued or effective for more than forty-five (45)
days from the date of issuance, unless the Legislature authorizes the continuation
of the state of emergency by the enactment of legislation for that purpose. For
purposes of this paragraph (17), any changes, amendments or supplements to a proclamation
for a state of emergency shall be considered to be part of the original state of
emergency and shall be subject to the forty-five (45) day limitation of this paragraph.
(18) To declare an
emergency impact area when he finds that the conditions described in Section 33-15-5(o)
exist. The proclamation shall be in writing and shall take effect immediately
upon its execution by the Governor. As soon as possible, the proclamation
shall be filed with the Secretary of State and be given widespread notice and
publicity. The Governor shall not declare more than one (1) emergency impact
area during the same time period in the same area and/or arising out of the same
or similar conditions described in Section 33-15-5(o). The Governor shall
review the need for continuing the declaration of emergency impact area at least
every * * *
fifteen (15) days. No declaration of emergency impact area may be continued
or effective for more than forty-five (45) days, unless the Legislature authorizes
the continuation of the declaration of emergency impact area by the enactment of
legislation for that purpose. For purposes of this paragraph (18), any changes,
amendments or supplements to a proclamation for a declaration of emergency impact
area shall be considered to be part of the original declaration of emergency impact
area and shall be subject to the forty-five (45) day limitation of this paragraph.
(c) In addition to the powers conferred upon the Governor in this section, the Legislature hereby expressly delegates to the Governor the following powers and duties in the event of an impending enemy attack, an enemy attack, or a man-made, technological or natural disaster where such disaster is beyond local control:
(1) To suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business, or the orders, rules or regulations of any state agency, if strict compliance with the provisions of any statute, order, rule or regulation would in any way prevent, hinder or delay necessary action in coping with a disaster or emergency.
(2) To transfer the direction, personnel or functions of state agencies, boards, commissions or units thereof for the purpose of performing or facilitating disaster or emergency services.
(3) To commandeer or utilize any private property if necessary to cope with a disaster or emergency, provided that such private property so commandeered or utilized shall be paid for under terms and conditions agreed upon by the participating parties. The owner of said property shall immediately be given a receipt for the said private property and said receipt shall serve as a valid claim against the Treasury of the State of Mississippi for the agreed upon market value of said property.
(4) To perform and exercise such other functions, powers and duties as may be necessary to promote and secure the safety and protection of the civilian population in coping with a disaster or emergency.
(5) To authorize, upon guidance from the State Department of Health, physicians, nurse practitioners, physician assistants, and registered nurses licensed in other states to perform professional services in the State of Mississippi under conditions that the Governor considers appropriate for a period not to exceed the duration of any state of emergency or state of war emergency.
(d) This section does not authorize the Governor or a designee of the Governor to act in contravention of Section 33-7-303.
SECTION 3. The following shall be codified as Section 41-39-17, Mississippi Code of 1972:
41-39-17. (1) When the Governor has proclaimed a state of emergency for reasons of natural, technological or man-made disaster, or state of war emergency as defined in Section 33-15-5, and the State Department of Health has determined that there are insufficient facilities or trained personnel in any county to receive and store dead human bodies, the State Department of Health shall have the authority to take possession of the bodies and perform any functions that would be the responsibility of a county coroner respecting such bodies.
(2) When the State Department of Health assumes responsibilities as authorized by subsection (1) of this section, the State Health Officer shall issue a finding setting out the reasons for taking such action, and shall set out what actions the department will take with respect to the receipt, storage and disposal of any human dead bodies received.
SECTION 4. Section 41-61-61, Mississippi Code of 1972, is amended 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). Except as otherwise provided by Section 3 of this act, 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 5. Section 41-61-69, Mississippi Code of 1972, is amended as follows:
41-61-69. (1) Except as otherwise provided in Section 1 of this act, no person knowing or having reason to know that a death may be under the jurisdiction of the medical examiner shall embalm, bury or cremate the body without the permission of the medical examiner. Any person violating the provisions of this section shall be 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.
(2) A dead body shall not be cremated or buried at sea unless a medical examiner certifies that he has been informed of or inquired into the cause and the manner of death and has the opinion that no further examination is necessary. This subsection shall not apply to deaths occurring less than twenty-four (24) hours after birth or to death of patient resulting only from natural disease and occurring in a licensed hospital unless the death falls within the jurisdiction of the medical examiner. The State Medical Examiner shall be authorized to adopt rules creating additional exceptions to this subsection. For making this certification, the medical examiner or his deputy shall be entitled to charge a fee of Twenty-five Dollars ($25.00), to be paid by the applicant, unless such medical examiner or his deputy has filed a written report of such death as provided in Section 41-61-73, Mississippi Code of 1972, and received a fee therefor paid by the county.
SECTION 6. This act shall take effect and be in force from and after July 1, 2022.