Bill Text: MS HB1425 | 2010 | Regular Session | Introduced
Bill Title: Local law enforcement; require to establish wrecker service rotation list.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [HB1425 Detail]
Download: Mississippi-2010-HB1425-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: County Affairs; Municipalities
By: Representative Stevens (By Request)
House Bill 1425
AN ACT TO AMEND SECTIONS 19-25-23 AND 21-21-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT EVERY SHERIFF, MARSHAL AND POLICE CHIEF SHALL ESTABLISH AND MAINTAIN A WRECKER SERVICE ROTATION LIST AND TO PROVIDE THAT STANDARDS AND RULES MUST BE APPLIED UNIFORMLY WHEN UTILIZING SUCH LIST; TO AMEND SECTION 63-3-411, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WHENEVER AN ACCIDENT OCCURS AND LOCAL LAW ENFORCEMENT IS DIRECTED TO OBTAIN A TOWING COMPANY, THEN SUCH LAW ENFORCEMENT SHALL UTILIZE THE WRECKER SERVICE ROTATION LIST; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 19-25-23, Mississippi Code of 1972, is amended as follows:
19-25-23. (1) Each sheriff shall maintain and cause to be paid a sufficient number of regular deputies, properly trained and adequately equipped, to insure the domestic tranquility within his county. In addition thereto, each sheriff may maintain an adequate number of properly trained auxiliary deputy sheriffs to be equipped, trained and paid from the general county fund. The number of said auxiliary deputies shall be approved by the board of supervisors and may be increased or reduced from time to time by said board. All regular and auxiliary deputies may serve in any other county of the state when requested by the sheriff of such county to preserve law and order therein, the expense thereof to be paid by the county in which they serve. The request shall be made to the sheriff of the county in which said deputies are located and said deputies shall remain under the control of said sheriff except to the extent delegated by said sheriff to the sheriff of the requesting county. In addition, any sheriff may loan any regular or auxiliary deputy to any law enforcement agency of the state or of any political subdivision of the state for drug enforcement purposes, the expense of the officer to be paid by the agency to which the officer is assigned.
(2) Each sheriff shall establish and maintain a wrecker service rotation list, which shall be utilized whenever the sheriff's department utilizes the services of a towing company. The sheriff shall set standards and rules for the wrecker service rotation list in order for towing companies to qualify for the list. Any standards or rules set by a sheriff, as required under this subsection, must be applied uniformly.
SECTION 2. Section 21-21-1, Mississippi Code of 1972, is amended as follows:
21-21-1. (1) The marshal or chief of police shall be the chief law enforcement officer of the municipality and shall have control and supervision of all police officers employed by said municipality. The marshal or chief of police shall be an ex officio constable within the boundaries of the municipality, and he shall perform such other duties as shall be required of him by proper ordinance. Before performing any of the duties of his office, the marshal or chief of police shall give bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in an amount to be determined by the municipal governing authority (which shall be not less than Fifty Thousand Dollars ($50,000.00)). The premium upon said bond shall be paid from the municipal treasury. If any marshal or chief of police shall fail to perform any of the duties of his office, it shall be the duty of the district attorney or county attorney upon receiving notice thereof to immediately file quo warranto proceedings against such official.
(2) In addition to all duties required of the marshal or police chief, which are given by proper ordinance, the marshal or police chief shall establish and maintain a wrecker service rotation list that shall be utilized whenever the police department utilizes the services of a towing company. The marshal or chief of police shall set standards and rules for the wrecker service rotation list in order for towing companies to qualify for the list. Any standards or rules set by a marshal or chief of police, as required under this subsection, must be applied uniformly.
(3) The provisions of this section shall be applicable to all municipalities of this state, whether operating under a code charter, special charter, or the commission form of government, except in cases of conflict between the provisions of this section and the provisions of the special charter of a municipality, or the law governing the commission form of government, in which case of conflict the provisions of the special charter or the statutes relative to the commission form of government shall control.
SECTION 3. Section 63-3-411, Mississippi Code of 1972, is amended as follows:
63-3-411. (1) The driver of a vehicle involved in an
accident resulting in injury to or death of any person or total property damage to an apparent extent of Five Hundred Dollars ($500.00) or more shall immediately, by the quickest means of communication, give notice of the collision to the local police department if the collision occurs within an incorporated municipality, or if the collision occurs outside of an incorporated municipality to the nearest sheriff's office or highway patrol station.
(2) The department may require any driver of a vehicle involved in an accident, of which report must be made as provided in this section, to file supplemental reports whenever the original report is insufficient in the opinion of the department.
Additionally, the department may require witnesses of accidents to render reports to the department.
(3) It shall be the duty of the highway patrol or the
sheriff's office to investigate all accidents required to be reported by this section when the accident occurs outside the corporate limits of a municipality, and it shall be the duty of the police department of each municipality to investigate all accidents required to be reported by this section when the accidents occur within the corporate limits of the municipality.
Every law enforcement officer who investigates an accident as required by this subsection, whether the investigation is made at the scene of the accident or by subsequent investigation and interviews, shall forward within six (6) days after completing the investigation a written report of the accident to the department if the accident occurred outside the corporate limits of a municipality, or to the police department of the municipality if the accident occurred within the corporate limits of such municipality. Police departments shall forward such reports to the department within six (6) days of the date of the accident.
(4) Whenever an engineer of a railroad locomotive, or other person in charge of a train, is required to show proof of his identity under the provisions of this article, in connection with operation of such locomotive, to any law enforcement officer, such person shall not be required to display his operator's or chauffeur's license but shall display his railroad employee number.
(5) In addition to the information required on the "statewide uniform traffic accident report" forms provided by Section 63-3-415, the department shall require the parties involved in an accident and the witnesses of such accident to furnish their phone numbers in order to assist the investigation by law enforcement officers.
(6) In addition to the requirements of this section, each sheriff or chief of police shall utilize its wrecker service rotation list, as prescribed in Sections 19-25-23 and 21-21-1, if local law enforcement is requested to obtain towing services due to an accident.
SECTION 4. This act shall take effect and be in force from and after July 1, 2010.
