MDAC; authorize DPS to provide security personnel at certain facilities and respond to security system alarms., the official text

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Agriculture

By: Senator(s) Berry

Senate Bill 2399

(As Sent to Governor)

AN ACT TO AMEND SECTION 45-1-19, MISSISSIPPI CODE OF 1972,
TO DELETE THE PROVISION PROHIBITING POSTING OF SECURITY PERSONNEL AT THE
PROPERTY OF THE MISSISSIPPI DEPARTMENT OF AGRICULTURE LOCATED AT 121 NORTH
JEFFERSON STREET AND THE NEW FARMERS MARKET BUILDING LOCATED AT THE CORNER OF
HIGH AND JEFFERSON STREETS IN THE CITY OF JACKSON, HINDS COUNTY, MISSISSIPPI,
AND TO PERMIT POSTING OF SECURITY PERSONNEL, REGULAR VEHICLE PATROLS AND
RESPONSES TO SECURITY SYSTEM ALARMS; AND FOR RELATED PURPOSES.

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

SECTION 1.  Section
45-1-19, Mississippi Code of 1972, is amended as follows:

45-1-19.  (1)  The
Department of Public Safety, through the Office of Capitol Police, shall have
jurisdiction relative to the enforcement of all laws of the State of
Mississippi on the properties, from curb to curb, including adjoining streets,
sidewalks and leased parking lots within the Capitol Complex, set forth in
Section 29-5-2, the Governor's mansion, the Supreme Court Building, the
Mississippi Department of Transportation Building and the Public Employees'
Retirement System Building, and any property purchased, constructed or
otherwise acquired by the State of Mississippi for conducting state business
and not specifically under the supervision and care by any other state entity,
but which is reasonably assumed the Department of Public Safety would be
responsible for such.  The Department of Public Safety shall, through any
person or persons appointed by the commissioner, make arrests for any violation
of any law of the State of Mississippi on the grounds of or within those
properties.  The Department of Public Safety shall, in addition, enforce the
provisions of this section and Sections 29-5-57 through 29-5-67, 29-5-73 through
29-5-75, and 29-5-81 through 29-5-95, and prescribe such rules and regulations
as are necessary therefor.  The powers and duties related to the administration
of Sections 29-5-57 through 29-5-67, 29-5-73 through 29-5-75, and 29-5-81
through 29-5-95 shall remain with the Department of Finance and Administration.

(2)  Subject to the approval
of the Board of Trustees of State Institutions of Higher Learning, the Board of
Trustees and the Department of Public Safety shall be authorized to enter into
a contract for the Department of Public Safety to supply the security personnel
with jurisdiction to enforce all laws of the State of Mississippi on the
property of the Board of Trustees located at the corner of Ridgewood Road and
Lakeland Drive in the City of Jackson.

(3)  The Department of
Public Safety and the Department of Agriculture are authorized to enter into a
contract for the Department of Public Safety to have jurisdiction and enforce
all laws of the State of Mississippi on the property of the Department of
Agriculture located at 121 North Jefferson Street and the new Farmers Market
Building located at the corner of High and Jefferson Streets in the City of
Jackson, Hinds County, Mississippi. * * *  It is the intent of
the Legislature that  In addition, the Department of Public
Safety * * * will not may post any security personnel
at such buildings, * * * but will and can provide regular vehicle
patrols and responses to security system alarms.

(4)  The Department of
Public Safety and the Department of Agriculture are authorized to enter into a
contract for the Department of Public Safety to have jurisdiction and enforce
all laws of the State of Mississippi on the property of the Department of
Agriculture known as the "Mississippi State Fairgrounds Complex" and
any and all of its outlying buildings and property.  The Department of Public
Safety and the Department of Agriculture are authorized to enter into a
contract for the Department of Public Safety to supply the security personnel
to the Department of Agriculture with jurisdiction to enforce all laws of the
State of Mississippi on this property and any and all buildings on this
property.  The Department of Public Safety is authorized to charge the
Department of Agriculture a fee for security services provided for special
events at the Mississippi State Fairgrounds Complex.  The fee charged will be
commensurate with the cost associated with the Department of Public Safety
providing those services.

(5)  The Department of
Public Safety and the Department of Revenue are authorized to enter into a
contract for the Department of Public Safety to supply the security personnel
with jurisdiction to enforce all laws of the State of Mississippi at the
Alcoholic Beverage Control facility and the Department of Revenue main office.

(6)  (a)  The Department of
Public Safety shall have primary jurisdiction relative to any other state or
municipal law enforcement agency to enforce all laws of the State of
Mississippi within the boundaries of the Capitol Complex Improvement District
created in Section 29-5-203; such enforcement shall be its primary function.
The Department of Public Safety may, through any person or persons appointed by
the Department of Public Safety, make arrests for any violation of any law of
the State of Mississippi and violations of the City of Jackson's traffic
ordinances or ordinances related to the disturbance of the public peace which
occurs within the boundaries of the district and within the boundaries of the
City of Jackson.  The Department of Public Safety may choose to present cases
to either the District Attorney or the prosecuting attorneys designated by the
Attorney General for prosecution of any violation of law that accrues or
occurs, in whole or in part, within the boundaries established by Section 29-5-203.
The jurisdiction of the Department of Public Safety granted under this
subsection (6) shall be concurrent with the jurisdiction of the City of
Jackson, Mississippi, and that of Hinds County, Mississippi, within the
boundaries of the Capitol Complex Improvement District created in Section 29-5-203.
At any time and/or during any event necessitating the coordination of and/or
utilization at multiple jurisdictions, as determined by the Chief of Capitol
Police or the Commissioner of the Department of Public Safety shall be the lead
agency when the event occurs on property as defined herein that is owned or
leased by the state as provided in subsection (1) of this section.  The
jurisdiction and authority of the Department of Public Safety under this
subsection (6) shall be in addition to any other jurisdiction and authority
provided to the department under this section or any other law.

(b)  The Department of
Public Safety shall have jurisdiction relative to the enforcement of all laws of
the State of Mississippi within the boundaries of the City of Jackson,
Mississippi.  The Department of Public Safety may, through any person or
persons appointed by the Department of Public Safety, make arrests for any
violation of any law of the State of Mississippi which occurs within the
boundaries of the City of Jackson.  The jurisdiction of the Department of Public
Safety granted under this paragraph (b) shall not be primary and shall be
concurrent with the jurisdiction of the City of Jackson, Mississippi, and that
of Hinds County, Mississippi.

(c)  (i)  Written
approval from the Chief of the Capitol Police or the Commissioner of the
Department of Public Safety shall be required before any event occurs which
will take place on any street or sidewalk immediately adjacent to any building
or property owned or occupied by any official, agency, board, commission, office
or other entity of the State of Mississippi, or which can reasonably be
expected to block, impede or otherwise hinder ingress thereto and/or egress
therefrom.  The Department of Public Safety shall promulgate rules and
regulations to effectuate the provisions of this paragraph (c).

(ii)  The Chief of
the Capitol Police is authorized to issue solicitation permits in conformity
with the Safe Solicitation Act, Sections 17-31-1 through 17-31-11, within the
boundaries of the Capitol Complex Improvement District.

(d)  The Chief of the
Capitol Police and/or the Commissioner of the Department of Public Safety, the
Chief of the Jackson Police Department, and the Sheriff of Hinds County shall
hold a regular meeting within the boundaries of the Capitol Complex Improvement
District to address the concerns of the public.  Each meeting shall be called
by the Chief of the Capitol Police; and the first meeting shall be called by
October 15, 2023.

(7)  The Department of
Public Safety is authorized to enter into a contract with any county for the
county to take custody of the misdemeanor offenders arrested under the
authority granted under this section.

(8)  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 earned pursuant
to Section 25-3-92, and compensatory leave earned pursuant to the Fair Labor
Standards Act (FLSA) shall transfer from the Department of Finance and
Administration to the Department of Public Safety for all employees transferred
under this section.

SECTION 2.  This act
shall take effect and be in force from and after July 1, 2026.