House Bill 225

(As Passed the House)

AN ACT TO CREATE THE "Mississippi Highway Patrol Fallen Officer's Memorial Highway Act"; TO AUTHORIZE THE Mississippi Highway Safety Patrol within the Department of Public Safety, in conjunction with the Mississippi Department of Transportation to designate any segment of any public street, road, highway or interstate within the state upon which any member of the Mississippi Highway Safety Patrol has fallen in the line of duty as a memorial roadway; TO LIMIT THE MILEAGE OF THE SEGMENT OF ROADWAY TO BE SO DESIGNATED; TO REQUIRE THE MEMORIAL SIGNAGE TO INCLUDE A DISTINCTIVE MARKER DESIGNED BY THE DEPARTMENT OF PUBLIC SAFETY; TO PROVIDE FOR THE FUNDING OF THE DISTINCTIVE MARKERS TO BE PLACED ON THE SIGNAGE; TO PROVIDE THAT ALL OFFICERS OF THE MISSISSIPPI HIGHWAY SAFETY PATROL WHO HAVE FALLEN SINCE JANUARY 1, 1938 SHALL BE ELIGIBLE FOR SUCH MEMORIAL ROADWAY DESIGNATION; TO AMEND SECTION 65-3-38.1, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.

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

SECTION 1. This act shall be known and may be cited as the "Mississippi Highway Patrol Fallen Officer's Memorial Highway Act."

SECTION 2. (1) The Mississippi Highway Safety Patrol within the Department of Public Safety, in conjunction with the Mississippi Department of Transportation, is authorized to designate any segment of any public street, road, highway or interstate within the state upon which any member of the Mississippi Highway Safety Patrol has fallen in the line of duty as a memorial roadway in such officer's honor, provided that such memorial roadway shall not extend more than five (5) miles in each southern and northern or eastern and western direction of the location in which the fallen member of the Mississippi Highway Safety Patrol fell.

(2) The Department of Public Safety shall notify the Mississippi Department of Transportation of the site of such officer who was killed in the performance of his or her official duties, and the Mississippi Department of Transportation shall erect and maintain appropriate signs with a distinctive marker along and approaching the segment of roadway denoting the site of the fallen officer's death. The distinctive marker shall be designed by the Department of Public Safety with the advice and recommendation of the Mississippi State Troopers' Association.

(3) The funding for the distinctive markers shall be made from any funds appropriated by the Legislature to the Department of Public Safety or from any gifts, grants or donations received by the Department of Public Safety for the purpose of providing the distinctive markers.

(4) This section shall apply to all Mississippi Highway Safety Patrol officers who have given their lives in the performance of their official duties after July 1, 1938.

SECTION 3. Section 65-3-38.1, Mississippi Code of 1972, is amended as follows:

65-3-38.1. (1) No highway, road, street or bridge on the designated state highway system may be named after any person elected by the people to any public office in this state during the term of such person's office or for a period of ten (10) years after such person no longer served in any such office.

(2) No legislation shall be enacted by the Legislature naming any highway, road, street or bridge on the designated state highway system after any person unless the governing body of each county and municipality where the highway, road, street or bridge is located duly adopts a resolution requesting the Legislature to enact such legislation and files a certified copy of such resolution with the Chairman of the Senate or House Committee to which such legislation is referred.

(3) The provisions of this section shall not apply to Sections 1 and 2 of this act.

SECTION 4. This act shall take effect and be in force from and after July 1, 2013.