MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Judiciary B
By: Representatives Arnold, Newman
AN ACT TO CREATE NEW SECTION 45-6-16, MISSISSIPPI CODE OF 1972, TO CREATE A RIGHT TO FOLLOW-UP TESTING FOR A FIRST RESPONDER WHO TESTS POSITIVE FOR ILLEGAL DRUG USE AND TO PROVIDE FOR TERMS OF SUSPENSION PENDING THE RECEIPT OF RESULTS FROM THE FOLLOW-UP TEST; TO AMEND SECTION 45-6-17, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 45-6-16, Mississippi Code of 1972:
45-6-16. (1) The following words shall have the meanings described herein, as follows:
(a) "Law enforcement officer" means any officer who has been certified by the Mississippi Board on Law Enforcement Officer Standards and Training and has ten (10) or more years of service.
(b) "Firefighter" means any firefighter who has ten (10) or more years of service and is employed by the State of Mississippi, or any political subdivision thereof, on a full-time duty status, and any firefighter who has ten (10) or more years of service and is registered with the State of Mississippi, or a political subdivision thereof, on a volunteer firefighting status.
(c) "Public EMS personnel" means a licensed certified paramedic, emergency medical technician or emergency medical responder who is employed by the State of Mississippi or a political subdivision of the state on a full-time basis.
(d) "First responder" means any firefighter, law enforcement officer or public EMS personnel as defined in this act.
(2) Any first responder who is accused of drug use in violation of the employer's policies or state law based upon the results of a urinalysis must be afforded the opportunity to undergo a subsequent more scientifically reliable test before the officer is terminated or is suspended without pay.
(3) If a first responder is required as a condition of employment to submit to a urine test or drug use and the result of the test is positive, the officer may be relieved of duty and placed on administrative leave with pay. The first responder is allowed two (2) business days following official written notice of the results to contest the test results. If the first responder does not contest the test results within the two-day period, the employer may initiate disciplinary action. If the test results are contested within the two-day period, the first responder is allowed an additional five (5) days to appear at a certified laboratory and voluntarily submit to the taking of a hair sample for the purpose of a hair follicle test for drug analysis. The hair follicle test is initially at the expense of first responder; however, if the hair follicle test result is negative, the first responder shall be reimbursed the cost of the test by the employer and the employer shall not require the first responder to conduct follow-up tests. If the test result is positive, the first responder shall bear the cost of the test. If the hair follicle test result is negative for the drug or drugs specified in the urinalysis report and thereby does not support the findings of the urinalysis, then the urinalysis results shall be declared a false positive, and first responder shall be immediately placed back into his or her previous position of employment.
SECTION 2. Section 45-6-17, Mississippi Code of 1972, is amended as follows:
45-6-17. (1) Any full- or part-time law enforcement officer who does not comply with the provisions of this chapter, or whose certificate has been suspended or revoked under provisions of this chapter, shall not be authorized to exercise the powers of law enforcement officers generally, and particularly shall not be authorized to exercise the power of arrest.
(2) Any state agency or political subdivision that employs a person as a full- or part-time law enforcement officer who does not meet the requirements of this chapter, or who employs a person whose certificate has been suspended or revoked under provisions of this chapter, is prohibited from paying the salary of such person, or providing any public monies for the equipment or support of the law enforcement activities of such person except as provided in Section 45-6-16, and any person violating this subsection shall be personally liable for making such payment.
SECTION 3. This act shall take effect and be in force from and after July 1, 2025, and shall stand repealed on June 30, 2025.