MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Accountability, Efficiency, Transparency
By: Senator(s) Johnson
AN ACT TO TRANSFER, ON JULY 1, 2024, LAW ENFORCEMENT OFFICERS CURRENTLY OPERATING UNDER THE DEPARTMENT OF REVENUE AND THE DEPARTMENT OF AGRICULTURE AND COMMERCE, AND THE DUTIES OF SAID OFFICERS, TO THE DEPARTMENT OF PUBLIC SAFETY; TO CREATE A SPECIAL FUND IN THE STATE TREASURY TO BE KNOWN AS THE DEPARTMENT OF REVENUE AND DEPARTMENT OF AGRICULTURE AND COMMERCE LAW ENFORCEMENT OFFICER TRANSFER FUND TO DEFRAY EXPENSES FOR OFFICERS' SALARIES AND OTHER COSTS TO IMPLEMENT AND ENFORCE THIS ACT; TO AMEND SECTIONS 27-3-13, 67-3-74, 69-1-30, 69-5-31 AND 69-29-1 MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) From and after July 1, 2021, law enforcement officers currently operating under the Department of Revenue and the Department of Agriculture and Commerce, and the duties of said officers shall be transferred to the Department of Public Safety. The jurisdiction and authority of the department under this section shall be in addition to any other jurisdiction and authority provided to the department under any other law. The powers and duties related to the administration of this section which do not concern the law enforcement officers currently operating under the Department of Revenue and the Department of Agriculture and Commerce shall remain with the Department from which the law enforcement officers are being transferred. From and after July 1, 2023, any and all references to law enforcement officers operating within the Mississippi Department of Revenue and the Mississippi Department of Agriculture and Commerce shall mean law enforcement officers operating within the Department of Public Safety.
(2) On July 1, 2024, the Mississippi Department of Revenue and the Mississippi Department of Agriculture and Commerce shall transfer to the Department of Public Safety the law enforcement officers, equipment, inventory, computer systems, IFTA, grants, support staff, vehicles, state and federal funding, and resources used to enforce the provisions of this chapter. The Department of Revenue and the Department of Agriculture shall consult and work with the Bureau of Building, Grounds and Real Property Management of the Department of Finance and Administration for the effective transfer to the Department of Public Safety any office space that was assigned for the use of law enforcement officers operating within the Department of Revenue and Department of Agriculture and Commerce.
(3) Any reference in any statute, rule or regulation to law enforcement duties being performed by the Department of Revenue or the Department of Agriculture requiring the use of vehicles to provide enforcement, shall be construed to mean law enforcement duties being performed by the Department of Public Safety.
(4) The Mississippi State Personnel Board PIN numbers, the Mississippi Department of Revenue and the Mississippi Department of Agriculture and Commerce has assigned to persons in law enforcement and support of enforcement of this act at the time of the transfer shall be transferred over to the Department of Public Safety. The transfer of personnel shall be commensurate with the number and classification of positions allocated to that law enforcement. All salaries and benefits shall remain the same until further agreement. Rank and structure shall be revised through the division as is practical for proper supervision. All transferred personnel shall possess the same state service protections with the Mississippi State Personnel Board that they possessed before the transfer.
(5) All accrued personal leave earned pursuant to Section 25-3-93, accrued major medical leave earned pursuant to Section 25-3-95, accrued state compensatory leave balances earned pursuant to Section 25-3-92, and compensatory leave earned pursuant to the Fair Labor Standards Act (FLSA) shall transfer from the Mississippi Department of Revenue and the Mississippi Department of Agriculture and Commerce to the Department of Public Safety for all employees transferred to the department under this act.
SECTION 2. There is hereby created a special fund in the State Treasury to be known as the "Department of Revenue and Department of Agriculture and Commerce Law Enforcement Officer Transfer Fund." The fund shall consist of monies appropriated by act of the Legislature and monies transferred from the Mississippi Department of Revenue and Department of Agriculture and Commerce. Money in the fund shall only be utilized by the Department of Public Safety to defray expenses for officers' salaries and other costs to implement and enforce the provisions of this act. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited to the credit of the fund.
SECTION 3. Section 27-3-13, Mississippi Code of 1972, is amended as follows:
27-3-13. The Commissioner
of Revenue is empowered to employ such accountants, appraisers, information
systems programmers, information systems technicians, information systems
managers, clerical help, stenographers, and such other assistants and/or attorneys
as he or she may deem necessary to the proper discharge of the duties of
the Department of Revenue, to prescribe their duties and to fix the
compensation of each employee within the rules, regulations and guidelines of
the State Personnel Board. Such employees may be used interchangeably in the
administration of the various duties imposed by law upon the commissioner in
the several offices of the Department of Revenue. Further, the Commissioner of
Revenue may * * * request the designation of ten (10) * * * law
enforcement officers within the Department of Public Safety, as defined
in Section 45-6-3, with police powers to enforce any laws administered by the
Department of Revenue. Temporary employees may be employed as hereinabove,
when in the opinion of the commissioner a seasonal press of business requires,
except that such temporary employees shall be retained no longer than is
necessary to the discharge of the duties imposed by law upon the department.
The Commissioner of Revenue may require any employee with access to federal tax information to be fingerprinted and the commissioner may request a background check regarding such employee from any state or federal agency.
SECTION 4. Section 67-3-74, Mississippi Code of 1972, is amended as follows:
67-3-74. (1) In addition
to peace officers within their jurisdiction, all enforcement officers of the
Alcoholic Beverage Control Division * * * shall be designated
from within the Department of Public Safety and are authorized to enforce
the provisions made unlawful by this chapter and Section 97-5-49; however, the
provisions prohibiting the sale of light wine, light spirit product or beer to
persons under the age of twenty-one (21) years shall be enforced by the
division as provided for in this section.
(2) (a) The Alcoholic Beverage Control Division within the Department of Public Safety shall investigate violations of the laws prohibiting the sale of light wine, light spirit product or beer to persons under the age of twenty-one (21) years upon receipt of a complaint or information from a person stating that they have knowledge of such violation.
(b) Upon receipt of such complaint or information, the Alcoholic Beverage Control Division within the Department of Public Safety shall notify the permit holder of the complaint by certified mail to the primary business office of such permit holder or by hand delivery of the complaint or information to the primary business office of such holder, except in cases where the complaint or information is received from any law enforcement officer.
(c) If an enforcement officer of the Alcoholic Beverage Control Division enters the business of the holder of the permit to investigate a complaint and discovers a violation, the agent shall notify the person that committed the violation and the holder of the permit:
(i) Within ten (10) days after such violation, Sundays and holidays excluded, if the business sells light wine, light spirit product or beer for on-premises consumption; and
(ii) Within seventy-two (72) hours after such violation, Sundays and holidays excluded, if the business does not sell light wine, light spirit product or beer for on-premises consumption.
SECTION 5. Section 69-1-30, Mississippi Code of 1972, is amended as follows:
69-1-30. The Department of
Agriculture and Commerce is hereby authorized to * * * request and utilize law enforcement
officers from the Department of Public Safety or contract with private
security agencies to provide security for the Jim Buck Ross Mississippi
Agriculture and Forestry Museum. The jurisdiction of the law enforcement officers
and/or security guards shall be limited to the museum property for the duration
of the law enforcement officer or security guard's shift providing security as requested
by the Department of Agriculture, and shall not supplant the authority or
jurisdiction of any state or local law enforcement officer.
SECTION 6. Section 69-5-31, Mississippi Code of 1972, is amended as follows:
69-5-31. (1) The Department
of Agriculture and Commerce is authorized to * * * request the designation of
area law enforcement officers * * * from the Department of
Public Safety to provide security and to enforce all laws of the State of Mississippi
on the Mississippi State Fairgrounds Complex. All officers must have attended and
satisfactorily completed the training course required for law enforcement officers
at the Law Enforcement Officer's Training Academy or an equivalent facility. All
officers must be current with this certification. A complete record of all law
enforcement training of each employee will be maintained in each employee's record
of employment. Furthermore, the Department of Agriculture and Commerce may * * * request the designation
of certified law enforcement officers from the Department of Public Safety
to provide security to the Department of Agriculture and Commerce with jurisdiction
to enforce all laws of the State of Mississippi on property known as the "Mississippi
State Fairgrounds Complex" and any and all of its outlying buildings and property.
(2) (a) All officers while in performance of their duty on the premises or at any of the facilities at the Mississippi State Fairgrounds Complex under the direction or control of the Department of Agriculture and Commerce and public property immediately adjacent to such facilities shall:
(i) Be required to dress in uniforms prescribed by the respective law enforcement agency by which he or she is employed; and
(ii) Be authorized to carry weapons.
(b) Employees designated as officers shall be duly sworn and vested with authority to bear arms and make arrests, and shall exercise primarily the responsibilities of the prevention and detection of crime, the apprehension of criminals, and the enforcement of the ordinances and policies of the Department of Agriculture and Commerce, a political subdivision of the State of Mississippi. Employees designated as such officers shall be considered law enforcement officers within the meaning of Section 45-6-3.
(3) The identities and personal
information of the officers under the authority of this section are confidential
and shall not be publicly disclosed by the department. The Department of * * * Public Safety shall
redact the identities and personal information of officers * * * designated to contract with
and serve on the Mississippi State Fairground Complex, from all contracts disclosed
as public records in compliance with the Mississippi Public Records Act, prescribed
under Section 25-61-1 et seq.; and such law enforcement contracts shall not be posted
on the Department of Finance and Administration's searchable website, as required
by the Mississippi Accountability and Transparency Act, prescribed under Section
27-104-151 et seq.
SECTION 7. Section 69-29-1, Mississippi Code of 1972, is amended as follows:
69-29-1. (1) (a) There is established the Mississippi Agricultural and Livestock Theft Bureau.
(b) The Commissioner
of * * *
Public Safety shall appoint a director of the Mississippi Agricultural
and Livestock Theft Bureau. Such director shall have at least five (5) years
of law enforcement experience. Such director shall be responsible solely to
the supervision of the Commissioner of * * * Public Safety
and to no other person or entity. Such director may be discharged only for
just cause shown.
(c) The director may employ twelve (12) agricultural and livestock theft investigators. Each investigator shall be certified as a law enforcement officer, successfully completing at least a nine-week training course, in accordance with Section 45-6-11. The curriculum for the training of constables shall not be sufficient for meeting the certification requirements of this paragraph. In the selection of investigators under this section, preference shall be given to persons who have previous law enforcement experience.
(d) The director appointed under this section, under the direction, control and supervision of the Commissioner of Public Safety, and the investigators employed under this section shall perform only the duties described in subsection (2) of this section and shall not be assigned any other duties.
(2) The director appointed under this section and the investigators employed under this section shall have the following powers, duties and authority:
(a) To enforce all of the provisions of Sections 69-29-9 and 69-29-11, and particularly those portions requiring persons transporting livestock to have a bill of sale in their possession; to make investigations of violations of such sections and to arrest persons violating same;
(b) To enforce all of the laws of this state enacted for the purpose of preventing the theft of livestock, poultry, timber and agricultural, aquacultural and timber products and implements; to make investigations of violations thereof and to arrest persons violating same;
(c) To cooperate with all regularly constituted law enforcement officers relative to the matters herein set forth;
(d) To serve warrants and other process emanating from any court of lawful jurisdiction, including search warrants, in all matters herein set forth;
(e) To carry proper credentials evidencing their authority, which shall be exhibited to any person making demand therefor;
(f) To make arrests without a warrant in all matters herein set forth in cases where same is authorized under the constitutional and general laws of this state;
(g) To handle the registration of brands of cattle and livestock;
(h) To investigate, prevent, apprehend and arrest those persons anywhere in the state who are violating any of the laws administered by the Department of Agriculture and Commerce, including, but not limited to, all agriculture-related crimes;
(i) To access and examine records of any person, business or entity that harvests, loads, carries, receives or manufactures timber products as defined in this section. Each such person or entity shall permit the director or any investigator of the Mississippi Agricultural and Livestock Theft Bureau to examine records of the sale, transfer or purchase of timber or timber products, including, but not limited to, contracts, load tickets, settlement sheets, drivers' logs, invoices, checks and any other records or documents related to an ongoing investigation of the Mississippi Agricultural and Livestock Theft Bureau;
(j) To conduct training for law enforcement regarding laws enforced by the bureau and to assist any other law enforcement agencies in responding to matters that may be related to agriculture and commerce in the State of Mississippi and in cases of natural disasters or other disasters to respond as needed or as requested by other agencies.
(3) The Commissioner of * * * Public Safety shall
furnish such investigators with such vehicles, equipment and supplies as may be
necessary. All expenses of same, and all other expenses incurred in the
administration of this section, shall be paid from such appropriation as may be
made by the Legislature.
(4) The Mississippi Department of Revenue and its agents and employees shall cooperate with such investigators by furnishing to them information as to any possible or suspected violations of any of the laws mentioned herein, including specifically Section 69-29-27, and in any other lawful manner.
(5) The conservation officers of the Department of Wildlife, Fisheries and Parks are authorized to cooperate with and assist the agricultural and livestock theft investigators in the enforcement and apprehension of violators of laws regarding agricultural and livestock theft.
(6) The Mississippi Forestry Commission employees are excluded from any timber and timber products theft investigative responsibilities except when technical expertise is needed and requested through the State Forester or his or her designee.
(7) For the purposes of this section, "timber product" means timber of all kinds, species or sizes, including, but not limited to, logs, lumber, poles, pilings, posts, blocks, bolts, cordwood and pulpwood, pine stumpwood, pine knots or other distillate wood, crossties, turpentine (crude gum), pine straw, firewood and all other products derived from timber or trees that have a sale or commercial value.
SECTION 8. Section 1 and 2 of this act shall be codified in Title 45, Chapter 1, Mississippi Code of 1972.
SECTION 9. This act shall take effect and be in force from and after July 1, 2024.