House Bill 247

AN ACT TO CREATE THE BULLETPROOF VESTS REVOLVING FUND PROGRAM TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC SAFETY FOR LOCAL LAW ENFORCEMENT AGENCIES TO APPLY FOR MONIES NECESSARY FOR THE MATCH REQUIREMENT OF THE DEPARTMENT OF JUSTICE VEST PARTNERSHIP GRANT ACT OF 1998; TO CREATE A SPECIAL FUND IN THE STATE TREASURY TO BE DESIGNATED AS THE BULLETPROOF VESTS REVOLVING FUND; TO SPECIFY THE PURPOSE OF THE BULLETPROOF VEST REVOLVING FUND; TO ESTABLISH THE SCHEDULE TO BE ADHERED TO BY LOCAL LAW ENFORCEMENT AGENCIES WHEN APPLYING FOR FUNDS BASED ON POPULATION; TO PRESCRIBE QUALIFYING CRITERIA FOR ELIGIBILITY OF FUNDS; TO AUTHORIZE THE DEPARTMENT OF PUBLIC EDUCATION TO PROMULGATE ANY RULES AND REGULATIONS NECESSARY FOR PARTICIPATION IN THE BULLETPROOF VESTS REVOLVING FUND PROGRAM; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) There is established the Bulletproof Vests Revolving Fund Program to be administered by the Department of Public Safety for the purpose of providing reimbursements to eligible local law enforcement agencies for the purchase of bulletproof vests as the fifty percent (50%) federal match requirement of the Department of Justice's Patrick Leahy Federal Bulletproof Vest Partnership Grant Act of 1998.

(2) There is created a special fund in the State Treasury designated as the Bulletproof Vests Revolving Fund which shall consist of monies annually appropriated in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) by the Mississippi Legislature and any other monies deposited to the credit of the fund by any other public or private entities. The revolving fund must be maintained in perpetuity for the purposes established in this section. Unexpended amounts remaining in the fund at the end of a fiscal year may not lapse into the State General Fund, and any interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund may not be used or expended for any purpose except as authorized under this section.

(3) The purpose of the Bulletproof Vests Revolving Fund Program is to provide reimbursement for:

(a) The replacement of any bulletproof vest which was purchased on or after July 1, 2000, and is older than five (5) years from the date of the original purchase;

(b) The purchase of a bulletproof vest for an individual who had not been issued a bulletproof vest previously by the purchasing law enforcement jurisdiction;

(c) Officers in receipt of a vest who are classified as full- or part-time sworn law enforcement personnel of state or local police departments, and who have graduated from an accredited law enforcement officers training program recognized by the Department of Public Safety. Certain personnel of other agencies within the Department of Public Safety, as determined by the Commissioner of Public Safety, may be eligible;

(d) The purchase of vests that are certified as having an Armor Protection Level II and above;

(e) The purchase of vests required to be certified by the National Institute of Justice (NIJ) and on the latest NIJ standards list of American-made vests;

(f) Vests purchased in accordance with the provisions of Chapter 7, Title 31, Mississippi Code of 1972, and the applicant agency's policies and procedures regarding procurement purchases; and

(g) Vests that shall remain the property of the purchasing local law enforcement agency.

(4) (a) Local law enforcement agencies may apply for reimbursement grants from the program fund according to the following schedule:

(i) For fiscal year 2024 and every third fiscal year thereafter, departments that serve populations less than fifteen thousand (15,000) may apply;

(ii) For fiscal year 2025 and every third fiscal year thereafter, departments that serve populations less than fifty thousand (50,000) but not less than fifteen thousand (15,000) may apply; and

(iii) For fiscal year 2026 and every third fiscal year thereafter, departments that serve populations greater than fifty thousand (50,000) may apply.

(b) As annual state funding is limited, reimbursement under the Bulletproof Vests Revolving Fund Program is available on a first-come, first-served basis.

(5) (a) To qualify for receipt of funds under this act, each local law enforcement submitting application for matching funds shall:

(i) Have first made application for the first fifty percent (50%) of reimbursement costs through the Patrick Leahy Federal Bulletproof Vest Partnership Program established by the United States Department of Justice to assist in the purchase of bulletproof vests;

(ii) Verify that the model type of any bulletproof vest purchased meets the National Institute of Justice requirements for bullet-resistant body armor in effect at the time of the purchase; and

(iii) Submit any documentation required by the Commissioner of Public Safety to evidence proof of the federal approval or proof of payment of the federal reimbursement.

(b) Any such costs that are not reimbursed through the receipt of funds from the federal grant program shall be awarded to an eligible recipient.

(6) The Department of Public Education shall promulgate such rules and regulations as may be necessary for participation in the Bulletproof Vests Revolving Fund Program by a local law enforcement agency.

SECTION 2. This act shall take effect and be in force from and after July 1, 2023.