House Bill 629

AN ACT TO AUTHORIZE COUNTIES AND MUNICIPALITIES TO LEND THEIR COUNTY OR MUNICIPAL OWNED EQUIPMENT AS WELL AS THE OPERATORS OF SUCH EQUIPMENT TO LAW ENFORCEMENT, FIRE, MEDICAL RESCUE OR OTHER EMERGENCY SERVICES WHO ARE DISPATCHED TO PRIVATE PROPERTY FOR AN EMERGENCY THAT OCCURS ON SUCH PRIVATE PROPERTY UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 17-5-15, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) If law enforcement, fire, medical rescue or other emergency services are dispatched to private property for an emergency and are unable to perform such necessary and needed functions with their own equipment as well as their own operators of the equipment for such emergency, then the commanding officer at the emergency is authorized to request from the county board of supervisors or governing municipal authorities, as the case may be, for the use of county or municipal owned equipment as long as the county or municipality has passed the necessary resolution as set out under subsection (4) of this section. For purposes of this section, the term "emergency" means a circumstance that likely will result in substantial harm to an individual's health, safety, or welfare.

(2) In addition to the use of county or municipal owned equipment, as the case may be, public employees of the county or municipality may be used to operate such equipment when venturing onto private property to assist in an emergency.

(3) The use of county or municipal owned equipment and operators of the equipment, as authorized pursuant to this section, shall only be applicable during the emergency, and the authority and use of such equipment and operator(s) of such equipment shall cease once the emergency is resolved.

(3) Except in cases of willful misconduct, gross negligence or bad faith, any county or municipal employee or agent complying with and performing duties pursuant to this section shall not be liable for death or injury to persons or damage to property. (4) In order to carry out the provisions of this section, the board of supervisors of any county and the governing authorities of any municipality, are each authorized, in their discretion, upon order duly adopted and entered upon their official minutes to lend county or municipal owned equipment and operators of such equipment, to law enforcement, fire, medical rescue or other emergency services who are dispatched to private property for an emergency. Such equipment and operators may be lent for such amount and in accordance with such terms and conditions as the governing authorities may prescribe. The lending agreements also may include an equipment operator's fee equal to the average hourly salary that is paid to all operators of such county or municipal owned equipment by the county or municipality that lends the equipment as set out under this section. Proceeds from the lending of such equipment shall be deposited into the road and bridge fund of the county or the municipal general fund, as the case may be.

SECTION 2. Section 17-5-15, Mississippi Code of 1972, is amended as follows:

17-5-15. The governing authorities of any county and the governing authorities of any municipality, are each authorized, in their discretion, upon order duly adopted and entered upon their official minutes, to lend to or to enter into leases with other counties or municipalities for the use of county-owned or municipally owned equipment and operators of such equipment. Such equipment and operators may be lent or leased for such amount and in accordance with such terms and conditions as the governing authorities may prescribe; however, except as otherwise provided under Section 1 of this act for an emergency on private property, such equipment and operators may be used only in the performance of public projects of a county or municipality. The lending or lease agreements also may include an equipment operator's fee equal to the average hourly salary that is paid to all operators of such county-owned or municipally owned equipment by the county or municipality that lends or leases the equipment. Proceeds from the lending or leasing of such equipment shall be deposited into the road and bridge fund of the county or the municipal general fund, as the case may be.

SECTION 3. This act shall take effect and be in force from and after July 1, 2024.