House Bill 185

AN ACT TO AMEND SECTION 33-15-19, MISSISSIPPI CODE OF 1972, TO AUTHORIZE PUBLIC UTILITIES TO DEVELOP AND ENTER INTO MUTUAL AID AGREEMENTS WITHIN THE STATE FOR RECIPROCAL EMERGENCY ASSISTANCE IN CASES OF EMERGENCIES OR DISASTERS; TO AMEND SECTION 33-15-21, MISSISSIPPI CODE OF 1972, TO PROVIDE CERTAIN IMMUNITY TO PUBLIC UTILITIES WHILE PERFORMING SUCH ASSISTANCE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 33-15-19, Mississippi Code of 1972, is amended as follows:

33-15-19. (a) The governing body of a municipality or county of the state or any public utility as defined in Section 77-3-3 is authorized to develop and enter into mutual aid agreements within the state for reciprocal emergency management aid and assistance in case of disaster or emergency too extensive to be dealt with unassisted. Copies of the agreements shall be sent to the agency. Such arrangements shall be consistent with the state emergency management plan and program, and in time of emergency it shall be the duty of each local emergency management organization to render assistance in accordance with the provisions of such mutual aid arrangements.

(b) The Governor may enter into compacts with any state or group of states if he or she finds that joint action with that state or group of states is desirable in meeting common intergovernmental problems of emergency management planning or emergency prevention, mitigation, response and recovery.

SECTION 2. Section 33-15-21, Mississippi Code of 1972, is amended as follows:

33-15-21. (a) Neither the state nor any political subdivision thereof, nor other agencies, nor public utilities as defined in Section 77-3-3, nor, except in cases of willful misconduct, the agents, employees, or representatives of any of them engaged in any emergency management activities, while complying with or attempting to comply with this article or any rule or regulation promulgated pursuant to the provisions of this article, shall be liable for the death of or any injury to persons, or damage to property, as a result of such activity. The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this article, or under the workmen's compensation law, or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress.

(b) Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part or parts of such real estate or premises for the purpose of sheltering persons or providing assistance to persons during or in recovery from an actual, impending, mock or practice attack or any man-made, technological or natural disaster, together with his successors in interest, if any, shall not be civilly liable for negligently causing the death of, or injury to, any person on or about such real estate or premises by virtue of its use for emergency management purposes, or loss of, or damage to, the property of such person.

SECTION 3. This act shall take effect and be in force from and after July 1, 2006.