reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 21 - MISCELLANEOUS PROVISIONS (§§ 33-13-601 — 33-13-629) › Section 33-13-613 - Execution of process and sentence

(1)
In the state military forces not in federal service, the processes and sentences of its courts-martial shall be executed by the civil officers prescribed by the laws of the state.
(2)
When the sentence of a court-martial, as approved and ordered executed, adjudges confinement, and the convening authority has approved the same in whole or in part, the reviewing authority, or the commanding officer for the time being, as the case may be, shall issue a warrant of commitment to the sheriff of the county in which such court-martial was held, where the offense was committed, or of the county in which a confinement facility as designated by the Adjutant General is located, directing such sheriff to take the body of the person so sentenced and confine him in the county jail of such county for the period named in such sentence, as approved, or until he may be directed to release him by proper authority.
Codes, 1942, § 8529-125; Laws, 1966, ch. 538, § 125; Laws, 1981, ch. 362, § 95, eff. 7/1/1981.
Amended by Laws, 2016, ch. 404, HB 732, 4, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 21 - MISCELLANEOUS PROVISIONS (§§ 33-13-601 — 33-13-629) › Section 33-13-615 - Process of military courts

(1)
Military courts may issue any process or mandate necessary to carry into effect their powers. Such a court may issue subpoenas and subpoenas duces tecum and enforce by attachment attendance of witnesses and production of books and records, when it is sitting within the state and the witnesses, books and records sought are also so located.
(2)
Process and mandates may be issued by summary courts-martial, provost courts, military judges, or the president of other military courts and may be directed to and may be executed by the marshals of the military court or any peace officer and shall be in such form as may be prescribed by regulations issued under this code.
(3)
All officers to whom process or mandates may be directed shall execute them and make return of their acts thereunder according to the requirements of those documents. Except as otherwise specifically provided in this code, no such officer may demand or require payment of any fee or charge for receiving, executing, or returning such a process or mandate or for any service in connection therewith.
(4)
The president of any court-martial, any military judge and any summary court officer, shall have authority to issue, under his hand, in the name of the State of Mississippi, directed to any sheriff or constable, whose duty it shall be to serve or execute the same in the same manner in which like process is served or executed when issued by a magistrate, all necessary process, subpoenas, attachments, warrants of arrest, and warrants of commitment.
Codes, 1942, § 8529-126; Laws, 1966, ch. 538, § 126; Laws, 1981, ch. 362, § 96, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 21 - MISCELLANEOUS PROVISIONS (§§ 33-13-601 — 33-13-629) › Section 33-13-617 - Payment of fines, costs, and disposition thereof

(1)
All fines and costs imposed by general court-martial shall be paid to the officer ordering such court, and/or to the officer commanding for the time being, and by said officer, within five (5) days from the receipt thereof, paid to the Adjutant General, who shall disburse the same as he may see fit for military purposes.
(2)
All fines and costs imposed by special or summary court-martial shall be paid to the officer ordering the court, or the officer commanding for the time being, and by such officer, within five (5) days from the receipt thereof, paid to the Adjutant General to be placed to the credit of the military unit fund of the unit of which the person fined was a member when the fine was imposed.
(3)
When the sentence of a court-martial adjudges a fine and cost against any person, and such fine and cost has not been fully paid within ten (10) days after the confirmation thereof, the convening authority shall issue a warrant of commitment directed to the sheriff of the county in which the court-martial was held or where the offense was committed, directing him to take the body of the person so convicted and confine him in the county jail for one (1) day for any fine not exceeding One Dollar ($1.00) and one (1) additional day for every dollar above that sum.
Codes, 1942, § 8529-127; Laws, 1966, ch. 538, § 127; Laws, 1981, ch. 362, § 97, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 21 - MISCELLANEOUS PROVISIONS (§§ 33-13-601 — 33-13-629) › Section 33-13-619 - Presumption of jurisdiction

The jurisdiction of the military courts and boards established by this code shall be presumed and the burden of proof rests on any person seeking to oust those courts or boards of jurisdiction in any action or proceeding.
Codes, 1942, § 8529-128; Laws, 1966, ch. 538, § 128, eff. 6/1/1966.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 21 - MISCELLANEOUS PROVISIONS (§§ 33-13-601 — 33-13-629) › Section 33-13-621 - Witness expenses

Persons subpoenaed or required to appear as witnesses before military courts shall be entitled to compensation and reimbursement for travel expenses to the same extent permitted such witnesses appearing in criminal proceedings before the circuit courts of this state.
Codes, 1942, § 8529-129; Laws, 1966, ch. 538, § 129; Laws, 1981, ch. 362, § 98, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 21 - MISCELLANEOUS PROVISIONS (§§ 33-13-601 — 33-13-629) › Section 33-13-625 - Expenses of administration

The Adjutant General shall have authority to pay all expenses incurred in the administration of state military justice, including the expenses of courts-martial and expenses incurred under Sections
33-13-327
,
33-13-417
,
33-13-605
and
33-13-621
, from any funds appropriated to the Mississippi Military Department.
Codes, 1942, § 8529-131; Laws, 1966, ch. 538, § 131; Laws, 1981, ch. 362, § 100, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 21 - MISCELLANEOUS PROVISIONS (§§ 33-13-601 — 33-13-629) › Section 33-13-627 - Short title

This chapter may be cited as the "Mississippi Code of Military Justice."
Codes, 1942, § 8529-132; Laws, 1966, ch. 538, § 132; Laws, 1981, ch. 362, § 101, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 21 - MISCELLANEOUS PROVISIONS (§§ 33-13-601 — 33-13-629) › Section 33-13-629 - and 33-13-631 - [Repealed]

Repealed by Laws 1981, ch. 362, § 102, eff. 7/1/1981.
§ 33-13-629. [Codes, 1942, § 8529-133; Laws, 1966, ch. 538, § 133] § 33-13-631. [Codes, 1942, § 8529-134; laws, 1966, ch. 538, § 134]
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 1 - EMERGENCY MANAGEMENT LAW (§§ 33-15-1 — 33-15-55) › Section 33-15-1 - Short title

This article may be cited as the "Mississippi Emergency Management Law."
Codes, 1942, § 8610-01; Laws, 1942, ch. 206; Laws, 1952, ch. 312, § 1; Laws, 1980, ch. 491, § 1, eff. 5/9/1980.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 1 - EMERGENCY MANAGEMENT LAW (§§ 33-15-1 — 33-15-55) › Section 33-15-2 - Legislative findings and declaration of intent

(1)
The Legislature finds and declares that the state is vulnerable to a wide range of emergencies, including natural, technological and man-made disasters, all of which threaten the life, health and safety of its people; damage and destroy property; disrupt services and everyday business and recreational activities; and impede economic growth and development. The Legislature further finds that this vulnerability is exacerbated by the growth in the state's number of persons with special needs. This growth has greatly complicated the state's ability to coordinate its emergency management resources and activities.
(2)
It is the intent of the Legislature to reduce the vulnerability of the people and property of this state; to prepare for efficient evacuation and shelter of threatened or affected persons; to provide for the rapid and orderly provision of relief to persons and for the coordination of activities relating to emergency preparedness, response, recovery and mitigation among and between agencies and officials of this state, with similar agencies and officials of other states, with local and federal governments, with interstate organizations and with the private sector.
(3)
It is further the intent of the Legislature to promote the state's emergency preparedness, response, recovery and mitigation capabilities through enhanced coordination, long-term planning and adequate funding. State policy for responding to disasters is to support local emergency response efforts. In the case of a major or catastrophic disaster, however, the needs of residents and communities will likely be greater than local resources. In these situations, the state must be capable of providing effective, coordinated and timely support to communities and the public. Therefore, the Legislature determines and declares that the provisions of this article fulfill an important state interest.
Laws, 1995, ch. 333, § 1, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 1 - EMERGENCY MANAGEMENT LAW (§§ 33-15-1 — 33-15-55) › Section 33-15-3 - Policy and purpose

(a)
Because of the existing and increasing possibility of the occurrence of disasters or emergencies of unprecedented size and destructiveness resulting from enemy attack, sabotage or other hostile action, and from natural, man-made or technological disasters, and in order to insure that preparations of this state will be adequate to deal with, reduce vulnerability to, and recover from such disasters or emergencies, and generally to provide for the common defense and to protect the public peace, health and safety, and to preserve the lives and property of the people of this state, it is hereby found and declared necessary:
(1)
To create a state emergency management agency, and to authorize the creation of local organizations for emergency management in the municipalities and counties of the state, and to authorize cooperation with the federal government and the governments of other states;
(2)
to confer upon the Governor, the agency and upon the executive heads or governing bodies of the municipalities and counties of the state the emergency powers provided herein;
(3)
to provide for the rendering of mutual aid among the municipalities and counties of the state, and with other states, and with the federal government with respect to the carrying out of emergency management functions and responsibilities;
(4)
to authorize the establishment of such organizations and the development and employment of such measures as are necessary and appropriate to carry out the provisions of this article; and
(5)
to provide the means to assist in the prevention or mitigation of emergencies which may be caused or aggravated by inadequate planning for, and regulation of, public and private facilities and land use.
(b)
It is further declared to be the purpose of this article and the policy of the state that all emergency management functions of this state be coordinated, to the maximum extent, with the comparable functions of the federal government, including its various departments and agencies, of other states and localities, and of private agencies of every type, to the end that the most effective preparation and use may be made of the nation's manpower, resources, and facilities for dealing with any disaster or emergency, or both, that may occur as enumerated in this section.
Codes, 1942, § 8610-02; Laws, 1952, ch. 312, § 2; Laws, 1962, ch. 482, § 1; Laws, 1980, ch. 491, § 2; Laws, 1995, ch. 333, § 2, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 1 - EMERGENCY MANAGEMENT LAW (§§ 33-15-1 — 33-15-55) › Section 33-15-7 - Mississippi Emergency Management Agency established; director and other personnel

(a)
There is hereby created within the executive branch of the state government a department called the Mississippi Emergency Management Agency with a director of emergency management who shall be appointed by the Governor; he shall hold office during the pleasure of the Governor and shall be compensated as determined by any appropriation that may be made by the Legislature for such purposes.
(b)
The director, with the approval of the Governor, may employ such technical, clerical, stenographic and other personnel, to be compensated as provided in any appropriation that may be made for such purpose, and may make such expenditures within the appropriation therefor, or from other funds made available to him for purposes of emergency management, as may be necessary to carry out the purposes of this article.
©)
The director and other personnel of the emergency management agency shall be provided with appropriate office space, furniture, equipment, supplies, stationery and printing in the same manner as provided for other state agencies.
(d)
The director, subject to the direction and control of the Governor, shall be the executive head of the emergency management agency and shall be responsible to the Governor for carrying out the program for emergency management of this state. He shall coordinate the activities of all organizations for emergency management within the state, and shall maintain liaison with and cooperate with emergency management agencies and organizations of other states and of the federal government, and shall have such additional authority, duties, and responsibilities authorized by this article as may be prescribed by the Governor.
Codes, 1942, § 8610-04; Laws, 1942, ch. 206; Laws, 1952, ch. 312, § 4; Laws, 1980, ch. 491, § 4; Laws, 1995, ch. 333, § 4, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 1 - EMERGENCY MANAGEMENT LAW (§§ 33-15-1 — 33-15-55) › Section 33-15-9 - [Repealed]

Repealed by Laws, 1995, ch. 333, § 15, eff. 7/1/1995.
Codes, 1942, § 8610-05; Laws, 1942, ch. 206; 1952, ch. 312, § 5; 1980, ch. 491, § 5.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 1 - EMERGENCY MANAGEMENT LAW (§§ 33-15-1 — 33-15-55) › Section 33-15-19 - Mutual aid arrangements

(a)
The governing body of a municipality or county of the state is authorized to participate in the Statewide Mutual Aid Compact (SMAC) established by the agency as a mechanism to standardize mutual aid arrangements between jurisdictions within the state. The agency is authorized to present the SMAC to the Mississippi Band of Choctaw Indians' Tribal Council for its consideration and approval. SMAC provides guidelines for requesting and receiving mutual aid, liability protection and reimbursement procedures for providing such aid. The governing body of each political subdivision of the state is strongly encouraged to sign and ratify the SMAC for mutual aid between their jurisdiction and other cities or counties within the state as well as the Mississippi Band of the Choctaw Indians. A copy of this agreement must be signed by the senior elected official of the jurisdiction and the director and will be maintained on file by the agency.
(b)
Political subdivisions of the state, including their fire service agencies, are also authorized to develop and enter into mutual aid agreements with other jurisdictions outside the state for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted. This shall also include emergencies outside the state in which it is geographically reasonable for a political subdivision of this state, or its fire service, to respond. Copies of the agreements shall be sent to the agency and shall be consistent with the State Comprehensive Emergency Management Plan and program, and in time of emergency it shall be the duty of each local emergency management organization to render assistance in accordance with the provisions of such mutual aid agreements.
©)
The Governor may enter into compacts with any state or group of states if he finds that joint action with that state or group of states is desirable in meeting common intergovernmental problems of emergency management planning or emergency prevention, mitigation, response and recovery.
(1)
Political subdivisions of the state, including their fire service agencies, shall not be liable for the death of or any injury to persons, or damage to property and all other protections provided in Section
33-15-21(a)
, as a result of mutual aid agreements entered into pursuant to this section.
(2)
Employees of a political subdivision of this state shall have the powers, duties, rights, privileges and immunities and receive the compensation incidental to their employment and all other benefits provided by Section
33-15-15
.
Codes, 1942, § 8610-10; Laws, 1952, ch. 312, § 10; Laws, 1980, ch. 491, § 10; Laws, 1995, ch. 333, § 10; Laws, 2006, ch. 374, § 2; Laws, 2012, ch. 359, § 1, eff. 7/1/2012.
Amended by Laws, 2015, ch. 336, HB 420, 1, eff. 3/13/2015.
Amended by Laws, 2014, ch. 434, SB 2289, 2, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 1 - EMERGENCY MANAGEMENT LAW (§§ 33-15-1 — 33-15-55) › Section 33-15-21 - Immunity

(a)
Neither the state nor any political subdivision thereof, nor other agencies, nor, except in cases of willful misconduct, the agents, employees, or representatives of any of them engaged in any emergency management activities, while complying with or attempting to comply with this article or any rule or regulation promulgated pursuant to the provisions of this article, shall be liable for the death of or any injury to persons, or damage to property, as a result of such activity. The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this article, or under the workmen's compensation law, or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of congress.
(b)
Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part or parts of such real estate or premises for the purpose of sheltering persons or providing assistance to persons during or in recovery from an actual, impending, mock or practice attack or any man-made, technological or natural disaster, together with his successors in interest, if any, shall not be civilly liable for negligently causing the death of, or injury to, any person on or about such real estate or premises by virtue of its use for emergency management purposes, or loss of, or damage to, the property of such person.
Codes, 1942, § 8610-11; Laws, 1952, ch. 312, § 11; Laws, 1980, ch. 491, § 11, eff. 5/9/1980.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 1 - EMERGENCY MANAGEMENT LAW (§§ 33-15-1 — 33-15-55) › Section 33-15-23 - Funds

For the purpose of paying any expenses of its local emergency management organization, or for paying any expenses of the emergency management program, any board of supervisors of a county or any governing body of a municipality is authorized to expend any available funds from the general fund of such county or municipality.
Codes, 1942, § 8610-12; Laws, 1952, ch. 312, § 12; Laws, 1980, ch. 491, § 12, eff. 5/9/1980.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 1 - EMERGENCY MANAGEMENT LAW (§§ 33-15-1 — 33-15-55) › Section 33-15-25 - Matching funds

(a)
The Governor of the State of Mississippi is authorized to enter into agreements with the federal government for the purpose of matching any federal funds that may be made available for emergency management purposes, which shall include purchasing emergency management equipment and supplies, to the state on a matching basis. Provided, that no agreement shall obligate the state for an amount greater than the appropriation available for such purpose. The state's portion of the purchase price of any emergency management equipment may be made available from any appropriation made for such purposes.
(b)
Any county board of supervisors or municipal governing body may enter into agreement with the federal government with approval of the State Director of Emergency Management for matching funds which may be made available for emergency management purposes, which shall include purchasing emergency management equipment and supplies, by such county or municipality in conjunction with any federal matching program and funds may be expended from the general fund of such county or municipality or from such other funds as may be available to such county or municipality for emergency management purposes in order to provide the county or municipal portion of funds necessary to carry out such matching agreement.
©)
The agency may withhold from any county board of supervisors, municipality or not-for-profit entity a portion or all of a subgrant whenever the agency determines that the county, municipality or not-for-profit entity owes a refund on any past subgrant project that was not completed as required.
Codes, 1942, § 8610-13; Laws, 1952, ch. 312, § 13; Laws, 1980, ch. 491, § 13; Laws, 1983, ch. 420, § 5; Laws, 1984, ch. 488, § 197; Laws, 1995, ch. 333, § 11; Laws, 2002, ch. 475, § 2, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 1 - EMERGENCY MANAGEMENT LAW (§§ 33-15-1 — 33-15-55) › Section 33-15-27 - Authority to accept services, gifts, grants and loans

(a)
Whenever the federal government or any agency or officer thereof shall offer to the state, or through the state to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant or loan, for purposes of emergency management, the state, acting through the Governor, or such political subdivision, acting with the consent of the Governor and through its governing body, may accept such offer and upon such acceptance the Governor of the state or governing body of such political subdivision, may authorize any officer of the state or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the state or such political subdivision, and subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer.
(b)
Whenever any person, firm or corporation shall offer to the state or to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant or loan, for purposes of emergency management, the state, acting through the Governor, or such political subdivision, acting through its governing body may accept such offer and upon such acceptance the Governor of the state or governing body of such political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the state or such political subdivision, and subject to the terms of the offer.
Codes, 1942, § 8610-14; Laws, 1952, ch. 312, § 14; Laws, 1980, ch. 491, § 14, eff. 5/9/1980.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 1 - EMERGENCY MANAGEMENT LAW (§§ 33-15-1 — 33-15-55) › Section 33-15-29 - Utilization of existing services and facilities

(a)
In carrying out the provisions of this article, the Governor and the executive officers or governing bodies of the political subdivisions of the state are directed to utilize the services, equipment, supplies and facilities of existing departments, offices, and agencies of the state and of the political subdivisions thereof to the maximum extent practicable, and the officers and personnel of all such departments, offices, and agencies are directed to cooperate with and extend such services and facilities to the Governor and to the emergency management organizations of the state or such subdivisions upon request.
(b)
State agencies in carrying out their assigned disaster or emergency assignments shall be reimbursed their expenses for emergency or disaster-related duties which may include the payment of overtime and the employment of temporary personnel by such agencies in the same manner as authorized in Sections
33-15-301
et seq., 43-41-17 [repealed] and 43-41-319 [repealed], and as provided by Section
43-41-701
[repealed].
Codes, 1942, § 8610-15; Laws, 1942, ch. 206; Laws, 1952, ch. 312, § 15; Laws, 1980, ch. 491, § 15; Laws, 1983, ch. 420, § 6; Laws, 1995, ch. 333, § 12, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 1 - EMERGENCY MANAGEMENT LAW (§§ 33-15-1 — 33-15-55) › Section 33-15-31 - Orders, rules and regulations

(a)
The governing bodies of the political subdivisions of the state and other agencies designated or appointed by the Governor are authorized and empowered to make, amend, and rescind such orders, rules, and regulations as may be necessary for emergency management purposes and to supplement the carrying out of the provisions of this article, but not inconsistent with any orders, rules and regulations promulgated by the Governor or by any state agency exercising a power delegated to it by him.
(b)
All orders, rules, and regulations promulgated by the Governor, the Mississippi Emergency Management Agency or by any political subdivision or other agency authorized by this article to make orders, rules and regulations, shall have the full force and effect of law, when, in the event of issuance by the Governor, or any state agency, a copy thereof is filed in the office of the Secretary of State, or, if promulgated by a political subdivision of the state or agency thereof, when filed in the office of the clerk of the political subdivision or agency promulgating the same. All existing laws, ordinances, rules and regulations inconsistent with the provisions of this article, or of any order, rule, or regulation issued under the authority of this article, shall be suspended during the period of time and to the extent that such conflict, disaster or emergency exists.
©)
In order to attain uniformity so far as practicable throughout the country in measures taken to aid emergency management, all action taken under this article and all orders, rules and regulations made pursuant thereto, shall be taken or made with due consideration to the orders, rules, regulations, actions, recommendations, and requests of federal authorities relevant thereto and, to the extent permitted by law, shall be consistent with such orders, rules, regulations, actions, recommendations and requests.
Codes, 1942, § 8610-16; Laws, 1952, ch. 312, § 16; Laws, 1980, ch. 491, § 16; Laws, 1995, ch. 333, § 13, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 1 - EMERGENCY MANAGEMENT LAW (§§ 33-15-1 — 33-15-55) › Section 33-15-33 - Political activity prohibited

No individual employed by or for an organization for emergency management established under the authority of this article shall, while acting under authority of his position or representing himself in his official capacity, participate in any form of political activity, and no such organization shall be employed directly or indirectly for political purposes.
Codes, 1942, § 8610-17; Laws, 1952, ch. 312, § 17; Laws, 1980, ch. 491, § 17, eff. 5/9/1980.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 1 - EMERGENCY MANAGEMENT LAW (§§ 33-15-1 — 33-15-55) › Section 33-15-35 - [Repealed]

Repealed by Laws, 1980, ch. 491, § 37, eff. 5/9/1980.
Codes, 1942, § 8610-18; Laws, 1952, ch. 312, § 18; 1962, ch. 482, § 3.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 1 - EMERGENCY MANAGEMENT LAW (§§ 33-15-1 — 33-15-55) › Section 33-15-37 - Enforcement

It shall be the duty of every organization for emergency management established pursuant to this article and of the officers thereof to execute and enforce such orders, rules and regulations as may be made by the Governor under authority of this article. Each such organization shall have available for inspection at its office all orders, rules and regulations made by the Governor, or under his authority.
Codes, 1942, § 8610-19; Laws, 1952, ch. 312, § 19; Laws, 1980, ch. 491, § 18, eff. 5/9/1980.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 1 - EMERGENCY MANAGEMENT LAW (§§ 33-15-1 — 33-15-55) › Section 33-15-39 - Peace officers

Any county or municipality, through its governing board, and with the approval of the sheriff in a county, or the chief of police in a municipality, may confer upon members of emergency management auxiliary police units, the powers of peace officers, subject to such restrictions as shall be imposed.
Codes, 1942, § 8610-20; Laws, 1952, ch. 312, § 20; Laws, 1980, ch. 491, § 19, eff. 5/9/1980.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 1 - EMERGENCY MANAGEMENT LAW (§§ 33-15-1 — 33-15-55) › Section 33-15-41 - Arrests

Any emergency management auxiliary policeman who has had conferred upon him the power of a peace officer, as provided in Section
33-15-39
and when in full and distinctive uniform or displaying a badge or other insignia of authority, may arrest without a warrant any person violating or attempting to violate in such officer's presence any order, rule, or regulation made pursuant to this article. This authority shall be limited to those rules and regulations which affect the public generally.
Codes, 1942, § 8610-21; Laws, 1952, ch. 312, § 21; Laws, 1980, ch. 491, § 20, eff. 5/9/1980.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 1 - EMERGENCY MANAGEMENT LAW (§§ 33-15-1 — 33-15-55) › Section 33-15-43 - Penalties

Any person violating any provision of this article or any rule, order, or regulation made pursuant to this article shall, upon conviction thereof, be punishable by a fine not exceeding Five Hundred Dollars ($500.00) or imprisonment for not exceeding six (6) months or both.
Codes, 1942, § 8610-22; Laws, 1952, ch. 312, § 22, eff. 4/16/1952.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 1 - EMERGENCY MANAGEMENT LAW (§§ 33-15-1 — 33-15-55) › Section 33-15-45 - Local emergency management councils continued

All local emergency management councils heretofore created under the provisions of former Sections 8610-8620, Mississippi Code of 1942, are hereby continued, subject to the provisions of this article.
Codes, 1942, § 8610-23; Laws, 1952, ch. 312, § 23; Laws, 1980, ch. 491, § 21, eff. 5/9/1980.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 1 - EMERGENCY MANAGEMENT LAW (§§ 33-15-1 — 33-15-55) › Section 33-15-47 - Liberality of construction

This article shall be construed liberally in order to effectuate its purposes.
Codes, 1942, § 8610-25; Laws, 1952, ch. 312, § 25, eff. 4/16/1952.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 1 - EMERGENCY MANAGEMENT LAW (§§ 33-15-1 — 33-15-55) › Section 33-15-49 - Emergency use of state or local personnel and equipment authorized; limitation of liability

In the event an impending enemy attack, an enemy attack, or a man-made, technological or natural disaster occurs within the state or within any portion of it and a proclamation is issued by the governing authorities of the county, the governing authorities of the municipality, the office of the Governor of the state or the President of the United States declaring such affected areas to be disaster areas, the governing authorities of any county or municipality adversely affected by such disaster may:
(a)
Use county or municipally owned equipment and such public employees as necessary to venture onto private property to aid in removing debris and to prevent further damage to such property at the request of the property owners;
(b)
Use county or municipally owned equipment and such public employees as necessary to venture onto private property to remove debris and to perform any other necessary and needed services to prevent the spread of disease or any other health hazard to the community at large.
If the governing authorities of such adversely affected counties or municipalities are unable to perform such necessary and needed functions with their own equipment and personnel, they may request aid from other counties and municipalities not adversely affected by such impending enemy attack, enemy attack, or man-made, technological or natural disaster, and capable and willing to furnish needed services.
Provided, however, if the Governor determines that the governing authorities of such adversely affected counties or municipalities still lack sufficient equipment and personnel under such circumstances to perform such functions, any state agency or instrumentality, when directed by the Governor, is authorized to enter upon publicly or privately owned land or water and to use state-owned equipment and state employees as necessary to clear or remove debris and wreckage. Whenever the Governor provides for clearance of debris or wreckage pursuant hereto, employees of the designated state agencies or instrumentalities are authorized to enter upon private or public land or water and perform any tasks necessary to the removal or clearance operation. Except in cases of willful misconduct, gross negligence or bad faith, any state employee or agent complying with and performing duties pursuant hereto shall not be liable for death or injury to persons or damage to property.
Laws, 1980, ch. 491, § 22; Laws, 1998, ch. 338, § 2, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 1 - EMERGENCY MANAGEMENT LAW (§§ 33-15-1 — 33-15-55) › Section 33-15-51 - Grand Gulf Disaster Assistance Trust Fund

The Grand Gulf Disaster Assistance Trust Fund is hereby created as a special fund in the State Treasury to be administered by the Mississippi Emergency Management Agency. Monies paid into the fund shall be derived from Sections
27-35-309(3)(b)(I) and (ii)
and
27-35-309(3)(d)
. All monies deposited therein shall be available for expenditure, transfer and allocation by the Mississippi Emergency Management Agency for state and local preparedness activities directly related to the Grand Gulf Nuclear Generating Plant, with at least fifty percent (50%) of the monies in the fund earmarked for use in conducting such activities in the geographic area falling within a thirty-mile radius of the plant.
Laws, 1990, ch. 524, § 3; Laws, 1990, 1st Ex Sess, ch. 12, § 2; Laws, 1993, ch 486, § 1, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 1 - EMERGENCY MANAGEMENT LAW (§§ 33-15-1 — 33-15-55) › Section 33-15-53 - State emergency coordination officers

The head of each state department, agency or commission shall select from within such agency a person to be designated as the emergency coordination officer for the agency and an alternate. The emergency coordination officer is responsible for coordinating with the Mississippi Emergency Management Agency on emergency preparedness issues, preparing and maintaining emergency preparedness and postdisaster response and recovery plans for such agency, maintaining rosters of personnel to assist in disaster operations and coordinating appropriate training for agency personnel. These individuals shall be responsible for ensuring that each state facility, such as a prison, office building or university, has a disaster preparedness plan that is approved by the applicable local emergency management agency or the division. The head of each agency shall notify the Governor and the Mississippi Emergency Management Agency in writing of the person initially designated as the emergency coordination officer for such agency and his alternate and of any changes in persons so designated thereafter.
Laws, 1995, ch. 333, § 14, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 1 - EMERGENCY MANAGEMENT LAW (§§ 33-15-1 — 33-15-55) › Section 33-15-55 - March 2023 Storm Housing Mission Fund created; use of monies

There is created in the State Treasury a special fund to be designated as the "March 2023 Storm Housing Mission Fund," which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be expended by the Mississippi Emergency Management Agency, upon appropriation by the Legislature, to provide the state match for the Federal Emergency Management Agency's temporary housing mission for the individuals impacted by the severe weather event on March 24 and 25, 2023.
Added by Laws, 2023, ch. 549, HB 603,§ 16, eff. 4/21/2023.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 2 - INDIVIDUAL ASSISTANCE AND EMERGENCY TEMPORARY HOUSING ACT (§§ 33-15-201 — 33-15-223) › Section 33-15-201 - Short Title

This article shall be known and may be cited as the Individual Assistance and Emergency Temporary Housing Assistance Act.
Laws, 2004, ch. 405, § 1, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 2 - INDIVIDUAL ASSISTANCE AND EMERGENCY TEMPORARY HOUSING ACT (§§ 33-15-201 — 33-15-223) › Section 33-15-202 - Legislative declaration of purpose

It is the intent of the Legislature and declared to be the policy of the state that funds to meet emergencies or major disasters shall always be made available.
Laws, 2004, ch. 405, § 2, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 2 - INDIVIDUAL ASSISTANCE AND EMERGENCY TEMPORARY HOUSING ACT (§§ 33-15-201 — 33-15-223) › Section 33-15-205 - Presidential declaration of emergency; power of Governor to accept assistance

Whenever the President of the United States, at the request of the Governor, has declared an emergency or a major disaster to exist in this state and the declaration includes Individual Assistance, the Governor is authorized:
(a)
To accept a grant by the federal government, subject to such terms and conditions as may be imposed, including the required final audit by the State Auditor's Office, upon determination and with concurrence by the director that financial assistance is essential to meet disaster-related necessary expenses or serious needs of individuals, families or households adversely affected by a major disaster that cannot be otherwise adequately met from other means of assistance.
(b)
To enter into an agreement with the federal government, or any officer or agency thereof, pledging the state to participate in the funding of the Other Needs Assistance (ONA) program authorized in the Act, in an amount not to exceed twenty-five percent (25%) thereof, and if state funds are not otherwise available to the Governor, to accept an advance of the state share from the federal government to be repaid when the state is able to do so when appropriated for that purpose.
Laws, 2004, ch. 405, § 4, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 2 - INDIVIDUAL ASSISTANCE AND EMERGENCY TEMPORARY HOUSING ACT (§§ 33-15-201 — 33-15-223) › Section 33-15-207 - Filing request for federal assistance

In order to make federal Individual Assistance and Other Needs Assistance available to major disaster victims under this article, the Governor must request such assistance from the President of the United States. The Federal Emergency Management Agency must approve such a request and recommend the President of the United States make a major disaster declaration.
Laws, 2004, ch. 405, § 5, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 2 - INDIVIDUAL ASSISTANCE AND EMERGENCY TEMPORARY HOUSING ACT (§§ 33-15-201 — 33-15-223) › Section 33-15-209 - Administration of grant programs

(1)
The director shall develop a plan for the administration and implementation of the Individuals and Households Program and Other Needs Assistance pursuant to subsections 408(e) and (f) of the Act to be included in the Mississippi Emergency Operations Plan (MEOP), and it shall include, but not be limited to:
(a)
Individuals, families or households who incur a necessary expense or serious need in the major disaster area may be eligible for assistance under this article without regard to their residency in the major disaster area or within the state.
(b)
Individuals, families or households otherwise eligible for assistance under this article must obtain flood insurance as required by flood insurance regulations.
(2)
Assistance under this article may be made available to meet necessary expense or serious needs by providing essential items or services that cannot be provided from other sources and except those covered by insurance as provided in current federal regulations.
(3)
Under this article grants will not be made available for any item or service in the following categories:
(a)
Business losses, including farm businesses.
(b)
Improvement or additions to real or personal property.
©)
Landscaping.
(d)
Real or person property used exclusively for recreations.
(e)
Financial obligations incurred prior to the disaster.
(f)
Any necessary expense or serious need or portion thereof for which assistance is available from other means but is refused by the individual, family or household.
(g)
Should a case arise where it is determined that an individual, family or household has an expense or need not specifically identified as eligible; the state will provide a factual summary and forward it to the regional director, FEMA, for determination prior to making a state commitment.
(4)
The director shall also develop a plan for administration and implementation of the Mississippi Temporary Housing Program (THP) to be included in the MEOP, and it shall include, but not be limited to:
(a)
Establishing emergency conditions that warrant program activation.
(b)
Developing application procedures and applicant eligibility criteria.
©)
Verifying applicant certification process.
(d)
Establishing grant award limits based on fair market rent rates as identified and published by the U.S. Department of Housing and Urban Development.
(e)
Maintaining program progress and financial reporting and budget requirements.
Laws, 2004, ch. 405, § 6, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 15 - EMERGENCY MANAGEMENT AND CIVIL DEFENSE (§§ 33-15-1 — 33-15-553) › Article 2 - INDIVIDUAL ASSISTANCE AND EMERGENCY TEMPORARY HOUSING ACT (§§ 33-15-201 — 33-15-223) › Section 33-15-211 - Amount of grants

(1)
In the case of a federally declared disaster, the state cost-share under this article shall be equal to twenty-five percent (25%) of the actual cost of implementing the Other Needs Assistance Program, and shall be made only on the condition that the federal government provides the remaining seventy-five percent (75%) of the ONA grant. In the event of a Governor's state of emergency declaration, the state grant under this article shall be equal to an amount established by the Director of the Mississippi Emergency Management Agency.
(2)
An individual, family or household shall not receive a grant or grants under the provisions of this article aggregating more than the amount specified annually by the Federal Emergency Management Agency and published in the Federal Register with respect to any one (1) major disaster declared by the President. In the case of a federally declared disaster, such aggregate amount shall include both state and federal share of the grant. With respect to any one (1) disaster declared by the Governor's state of emergency, such amount of assistance shall not exceed an amount equal to one-half (1/2) of the amount of the Other Needs Assistance Program specified annually by the Federal Emergency Management Agency and published in the Federal Register and shall include the total amount of rental assistance provided an applicant under the Mississippi Temporary Housing Program.
Laws, 2004, ch. 405, § 7, eff. 7/1/2004.