House Bill 983

AN ACT TO AMEND SECTION 19-5-15, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD OF SUPERVISORS OF ANY COUNTY TO BURY DEAD LIVESTOCK OR POULTRY USING COUNTY ROAD EQUIPMENT AND COUNTY EMPLOYEES IN AN EMERGENCY SITUATION; TO PROVIDE THAT THE BOARD MUST DECLARE THROUGH A RESOLUTION THAT THE BURYING OF LIVESTOCK OR POULTRY IS IN THE BEST INTEREST OF THE HEALTH AND WELFARE OF THE COUNTY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 19-5-15, Mississippi Code of 1972, is amended as follows:

19-5-15. (1) The board of supervisors of any county is authorized * * * to use the road equipment of the county and the employees of the county, upon availability of such equipment and employees, for the burying of livestock or poultry that have died from the following:

(a) As a result of an emergency situation that must be determined by the board of supervisors through a resolution that is duly adopted and spread upon its minutes declaring the board's findings of the following: (i) that an emergency situation exists and (ii) that the burying of livestock or poultry is in the best interest of the health and welfare of the county; or

(b) From an epidemic, whenever any licensed veterinarian shall certify to the board or any member thereof that there is an epidemic, contagious disease, among the livestock or poultry of the county or any portion of the county and immediate burial is necessary in order to prevent the spread of a contagious disease and would be in the best interest of the community wherein livestock or poultry have contracted such disease.

(2) When the county buries livestock or poultry under the authority of subsection (1) of this section, such act shall be conducted upon the premises of the owner of the livestock or poultry, or upon property provided by such owner.

(3) Before the county acts to bury the livestock or poultry, the property owner shall give his or her written permission for the county to come onto such owner's property for the purpose of burying the livestock or poultry, and execute a release and waiver of liability in favor of the county for any losses or damages that may result from the burying of the livestock or poultry on the owner's property.

SECTION 2. This act shall take effect and be in force from and after July 1, 2011.