MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Judiciary B

By: Representatives Morgan, Lott, Pigott

House Bill 157

AN ACT TO AUTHORIZE CERTAIN LAW ENFORCEMENT TO COMPEL AN INDIVIDUAL LOCATED IN AN AREA STRICKEN OR THREATENED BY A DISASTER  TO LEAVE THE AREA WHEN A MANDATORY EVACUATION ORDER HAS BEEN ISSUED; TO PROVIDE THAT SUCH LAW ENFORCEMENT MAY USE REASONABLE FORCE TO REMOVE THE INDIVIDUAL FROM SUCH AREA; TO PROVIDE THAT SUCH INDIVIDUAL SHALL BE CIVILLY LIABLE TO A GOVERNMENTAL ENTITY THAT CONDUCTS A RESCUE ON BEHALF OF THE INDIVIDUAL WHO FAILS TO HEED A MANDATORY EVACUATION ORDER; TO PROHIBIT THE TAMPERING OF CERTAIN WARNING SIGNS AND TO PROVIDE CERTAIN PENALTIES FOR SUCH TAMPERING; TO PROVIDE THAT AN INDIVIDUAL COMMITS AN OFFENSE IF AN INDIVIDUAL DISOBEYS CERTAIN WARNING SIGNS AND TO PROVIDE PENALTIES FOR SUCH OFFENSE; TO PROVIDE THAT AN INDIVIDUAL SHALL BE CIVILLY LIABLE FOR THE COST OF A RESCUE IF HE OR SHE CAUSES AN INDIVIDUAL TO BE RESCUED DUE TO THE TAMPERING OF SUCH SIGNS BY THE INDIVIDUAL; TO AMEND SECTION 33-15-17, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE CHIEF EXECUTIVE OF A COUNTY OR MUNICIPALITY OR THE GOVERNOR TO COMPEL AN INDIVIDUAL TO LEAVE AN EVACUATED AREA ONCE AN EVACUATION ORDER HAS BEEN ISSUED; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  If a mandatory evacuation order is issued for an area stricken or threatened by a disaster, the sheriff of a county or a police chief of a municipality:

          (a)  May compel persons who remain in the evacuated area to leave; and

          (b)  May authorize the use of reasonable force to remove persons from the area.

     (2)  The Governor or authorized representative of a county or municipality who orders the evacuation of an area stricken or threatened by a disaster by an evacuation order may compel persons who remain in the evacuated area to leave.

     (3)  A person shall be civilly liable to a governmental entity or a nonprofit agency cooperating with a governmental entity that conducts a rescue on the person's behalf for the cost of the rescue effort if:

          (a)  The person knowingly ignored a mandatory evacuation order under this subsection and:

              (i)  Engaged in an activity or course of action that a reasonable person would not have engaged in; or

              (ii)  Failed to take a course of action a reasonable person would have taken;

          (b)  The actions of a person under paragraph (a) of this subsection placed the person or another person in danger; and

          (c)  A governmental rescue effort was undertaken on behalf of the person.

     (4)  An officer or employee of the state or a political subdivision who issues or is working to carry out a mandatory evacuation order under this section is immune from civil liability for any act or omission within the course and scope of the person's authority under the order.

     (5)  This section shall not apply to a person who is authorized to be in an evacuated area including a person who returns to the area under a phased reentry plan or credentialing process.

     (6)  As used in this section "disaster" shall have the same meaning as prescribed in Section 33-15-5.

     SECTION 2.  (1)  It shall be unlawful for a person to tamper with, damage or remove a barricade, warning sign or other device warning of detour because water is over or may overcome any portion of a road, street or highway set out by the state, a political subdivision, a contractor or a public utility.

     (2)  Any person who violates any provision of this section shall be punished by a fine of not less than Twenty-five Dollars ($25.00) but not more than One Thousand Dollars( $1,000.00) or by imprisonment in the county jail for a term not to exceed one (1) year, or by both such fine and imprisonment.

     (3)  Any person tampering with, damaging or removing a barricade that causes another person to unknowingly go into the danger area that results in a rescue shall be civilly liable to the governmental entity or a nonprofit agency cooperating with a government entity that conducts a rescue on the person's behalf for the cost of the rescue effort.

     (4)  This section shall not apply to a person acting within the scope and duty of his or her employment if the person is:

          (a)  An officer, agent, independent contractor, employee or trustee of the state or a political subdivision;

          (b)  A contractor; or

          (c)  An employee of a public utility.

     SECTION 3.  (1)  A person commits an offense if the person:

          (a)  Disobeys the instructions, signals, warnings or markings of a warning sign placed where water is over any portion of a road or may become over any portion of a road; or

          (b)  Drives around a barricade where water is over any portion of a road or may become over any portion of a road.

     (2)  This section shall not apply to the following:

          (a)  A person who is following the directions of a police officer; or

          (b)  A person who is employed by a political subdivision or who is a contractor or subcontractor whose duties require the person to go beyond or around a barricade.

     (3)  Each violation of this section shall be a separate offense.

     (4)  An offense under this section is a misdemeanor punishable by a fine of not less than One Dollar ($1.00) but not more than Two Hundred Dollars ($200.00).

     (5)  A person shall be civilly liable for the cost of a rescue effort that is conducted by a government entity or a nonprofit agency cooperating with a government entity for a person who has committed the offense prescribed in subsection (1) of this section.

     SECTION 4.  Section 33-15-17, Mississippi Code of 1972, is amended as follows:

     33-15-17.  (a)  Each county and municipality, or counties and the municipalities therein acting jointly, or two (2) or more counties acting jointly, of this state are hereby authorized and directed to establish a local organization for emergency management in accordance with the state emergency management plan and program, if required and authorized so to do by such state emergency management plan.  Each local organization for emergency management shall have a director who shall be appointed by the governing body of the political subdivision, or political subdivisions acting jointly, and who shall have direct responsibility for the organization, administration and operation of such local organization for emergency management, subject to the direction and control of such governing body.  Each local organization for emergency management shall perform emergency management functions within the territorial limits of the political subdivision within which it is organized, and, in addition, shall conduct such functions outside of such territorial limits as may be required pursuant to the provisions of the state emergency management plan.  Each county shall develop an emergency management plan and program that is coordinated and consistent with the State Comprehensive Emergency Management Plan and program.  Counties that are part of an interjurisdictional emergency management agreement entered into pursuant to this section shall cooperatively develop an emergency management plan and program that is coordinated and consistent with the state emergency management plan and program.

     (b)  In carrying out the provisions of this article each county and municipality, or the two (2) acting jointly, or two (2) or more counties acting jointly, where there is joint organization, in which any disaster as described in Section 33-15-5 occurs, shall have the power to enter into contracts and incur obligations necessary to combat such disaster, protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster.  Each county and municipality is authorized to exercise the powers vested under this section in the light of the exigencies of the extreme emergency situation without regard to time-consuming procedures and formalities prescribed by law pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes and the appropriation and expenditure of public funds.

     (c)  Each county and each municipality, or two (2) or more counties acting jointly, shall have the power and authority:

          (1)  To appropriate and expend funds, make contracts, obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any enemy attack or man-made, technological or natural disasters; and to direct and coordinate the development of emergency management plans and programs in accordance with the policies and plans set by the federal and state emergency management agencies;

          (2)  To appoint, employ, remove, or provide, with or without compensation, air raid wardens, rescue teams, auxiliary fire and police personnel, and other emergency management workers;

          (3)  To establish, as necessary, a primary and one or more secondary emergency operating centers to provide continuity of government, and direction and control of emergency operation during an emergency;

          (4)  To donate public funds, supplies, labor and equipment to assist any governmental entity in a county or municipality in which a disaster as described in Section 33-15-5 occurs;

          (5)  Subject to the order of the Governor, or the chief executive of the political subdivision, to assign and make available for duty, the employees, property or equipment of the subdivision relating to fire fighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for emergency management purposes either within or outside of the limits of the subdivision;

          (6)  Subject to the order of the chief executive of the county or municipality or the Governor to order the evacuation of any area subject to an impending or existing enemy attack or man-made, technological or natural disaster and to compel the civilian population who remain in an evacuated area during a disaster, as defined in Section 33-15-5, to leave when an evacuation order is issued;

          (7)  Subject to the order of the chief executive of the county or municipality or the Governor, to control or restrict egress, ingress and movement within the disaster area to the degree necessary to facilitate the protection of life and property.

     (d)  A local emergency as defined in Section 33-15-5 may be proclaimed by the mayor or governing body of a municipality or the governing body of a county.  In the event a local emergency is proclaimed by the mayor of a municipality, the governing body of such municipality shall review and approve or disapprove the need for continuing the local emergency at its first regular meeting following such proclamation or at a special meeting legally called for such review.  Thereafter, the governing body shall review the need for continuing the local emergency at least every thirty (30) days until such local emergency is terminated, and shall proclaim the termination of such local emergency at the earliest possible date that conditions warrant.  During a local emergency, the governing body of a political subdivision may promulgate orders and regulations necessary to provide for the protection of life and property, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety.  Such orders and regulations and amendments and rescissions thereof shall be in writing and shall be given widespread notice and publicity.  The authorization granted by this section to impose a curfew shall not be construed as restricting in any manner the existing authority to impose a curfew pursuant to police power for any other lawful purpose.

     SECTION 5.  This act shall take effect and be in force from and after July 1, 2012.