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H. B. No. 258 *HR43/R402* ~ OFFICIAL ~ G3/5
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To: Judiciary A;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Clark
HOUSE BILL NO. 258
AN ACT TO CREATE THE "MISSISSIPPI JOINT MUNICIPAL LAW 1
ENFORCEMENT ACT"; TO DEFINE CERTAIN TERMS; TO PROVIDE THAT TWO OR 2
MORE MUNICIPALITIES IN A COUNTY MAY ESTABLISH A JOINT POLICE 3
DEPARTMENT IF THE GOVERNING AUTHORITIES OF SUCH MUNICIPALITIES 4
DETERMINE IT IS IN THE BEST INTERESTS OF THE MUNICIPALITIES; TO 5
PROVIDE THAT A JOINT POLICE DEPARTMENT SHALL BE GOVERNED BY A 6
BOARD; TO PROVIDE THE MEMBERSHIP OF SUCH BOARD; TO PRESCRIBE THE 7
ESTABLISHMENT PROCESS OF A JOINT POLICE DEPARTMENT; TO PROVIDE THE 8
RIGHTS AND DUTIES AS WELL AS THE FUNDING MECHANISM FOR A JOINT 9
POLICE DEPARTMENT; AND FOR RELATED PURPOSES. 10
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 11
SECTION 1. This act shall be known and may be cited as the 12
"Mississippi Joint Municipal Law Enforcement Act". 13
SECTION 2. As used under this act: 14
(a) "Board" means the governing board of a joint 15
municipal police department. 16
(b) "Board member" means the mayor from each 17
participating municipality and the sheriff of the county, all of 18
whom shall compose the governing board of a joint municipal police 19
department. 20
(c) "Joint department" means any joint municipal police 21
department formed under this act. 22
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SECTION 3. (1) The governing authorities of two (2) or more 23
municipalities in a county may, by resolution, determine that it 24
is in the best interests of the municipalities to establish a 25
joint municipal police department. In determining whether or not 26
to establish a joint municipal police department to best serve the 27
needs of the citizens of the municipalities, the governing 28
authorities of a municipality shall take into consideration, but 29
shall not be limited to, the following: 30
(a) Whether or not a joint municipal police department 31
may be able to better serve and protect their citizens in a more 32
efficient and economical manner; and 33
(b) Whether or not savings and other advantages may be 34
realized by establishing a joint department. 35
(2) If a municipality determines that it is in the best 36
interests of the municipality to create a joint department to 37
provide police protection and law enforcement for the 38
municipalities, the governing authorities of a municipality shall 39
adopt a resolution so finding (which need not prescribe in detail 40
the basis for the determination) and which shall set forth the 41
names of the municipalities which are proposed to be initial 42
members of the joint municipal police department. The resolution 43
shall be certified to the governing authorities of each 44
municipality who shall thereupon disapprove or ratify the 45
determination of establishing such joint police department. Upon 46
ratifying the resolution, the governing authorities shall provide 47
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written notice of such determination to the chief of police of 48
each municipality and its intent to establish a board for the 49
joint department. 50
SECTION 4. (1) The joint department shall be governed by a 51
board that shall meet at least once a quarter and that shall be 52
composed of the mayor from each municipality and the sheriff of 53
the county wherein each municipality lies. 54
(2) The board shall have all of the rights and powers 55
necessary or convenient to carry out and effectuate the purposes 56
and provisions of this act, including, but without limiting the 57
following: 58
(a) To hire the police commissioner of the joint 59
department and set his or her salary; 60
(b) To set the budget of the joint department; 61
(c) To purchase and oversee weapons, uniforms, 62
equipment and other property that the joint department may need 63
for police protection and law enforcement as well loan property; 64
(d) To be the governing authority for the joint 65
department; 66
(e) To adopt bylaws for the regulation of the affairs 67
and the conduct of its joint department, and to prescribe rules, 68
regulations and policies in connection with the performance of its 69
functions and duties; 70
(f) To adopt an official seal and alter the same at 71
pleasure for the joint department; 72
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(g) To maintain an office at such place or places as it 73
may determine; 74
(h) To sue and be sued in its own name, and to plead 75
and be impleaded; 76
(i) To receive, administer and comply with the 77
conditions and requirements respecting any gift, grant or donation 78
of any property or money; 79
(j) To acquire by purchase, lease, gift or otherwise, 80
or to obtain options for the acquisition of, any property, real or 81
personal, improved or unimproved, including an interest in land 82
less than the fee thereof; 83
(k) To sell, lease, exchange, transfer or otherwise 84
dispose of, or to grant options for any such purposes with respect 85
to, any real or personal property or interest therein; 86
(l) To pledge or assign any money, rents, charges or 87
other revenues and any proceeds derived by the joint department 88
from the sales of property, insurance or condemnation awards; 89
(m) To make and execute contracts and other instruments 90
necessary or convenient in the exercise of the powers and 91
functions of the joint department under this act, including 92
contracts with persons, firms, corporations and others; and 93
(n) To do all acts and things necessary, convenient or 94
desirable to carry out the purposes and to exercise the powers 95
granted to the joint department as prescribed under this act. 96
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(3) Any two (2) or more board members shall file with the 97
Secretary of State an application signed by them setting forth (a) 98
the names of all proposed member municipalities; (b) the name and 99
official residence of each of the board members so far as known to 100
them; (c) a certified copy of the appointment evidencing their 101
right to office; (d) a statement that each governing authority of 102
each respective municipality appointing a board member has made 103
the aforesaid determination; (e) a statement that each governing 104
authority of each respective municipality has ratified the 105
resolution concerning the establishment of the joint department; 106
and (f) the name which is proposed for the joint department which 107
shall be "The Municipalities of ______________ Joint Police 108
Department." 109
(4) (a) The application prescribed under subsection (3) of 110
this section shall be subscribed and sworn to by such board 111
members before an officer or officers authorized by the laws of 112
the state to administer and certify oaths, and shall be 113
accompanied by a fee in the amount of Fifty Dollars ($50.00) 114
payable to the Secretary of State as a filing fee. 115
(b) The Secretary of State shall examine the 116
application and, if he or she finds that the name proposed for the 117
joint department is not identical to that of any other corporation 118
of this state or of any agency or instrumentality thereof, or so 119
nearly similar as to lead to confusion and uncertainty, he or she 120
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shall receive and file it and shall record it in an appropriate 121
book of record in his or her office. 122
(c) When the application has been made, filed and 123
recorded as provided under this act, the joint department shall 124
constitute a public body and a body corporate and politic under 125
the name proposed in the application. The Secretary of State 126
shall make and issue to the board members executing the 127
application a certificate of incorporation pursuant to this act 128
under the seal of the state, and shall record the same with the 129
application. The certificate shall set forth the names of the 130
member municipalities. 131
(5) In any suit, action or proceeding involving the validity 132
or enforcement of, or relating to, any contract of the joint 133
department, in the absence of establishing fraud in the premises, 134
shall be conclusively deemed to have been established in 135
accordance with the provisions of this act upon proof of the 136
issuance of the aforesaid certificate by the Secretary of State. 137
A copy of such certificate, duly certified by the Secretary of 138
State, shall be admissible in evidence in any such suit, action or 139
proceeding, and shall be conclusive proof of the filing and 140
contents thereof. 141
(6) Notice of the issuance of such certificate shall be 142
given to all of the proposed member municipalities by the 143
Secretary of State. If a board member of any such municipality 144
has not signed the application to the Secretary of State and such 145
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municipality does not notify the Secretary of State of the 146
appointment of a board member within forty (40) days after receipt 147
of such notice, such municipality shall be deemed to have elected 148
not to be a member of the joint department. As soon as 149
practicable after the expiration of such period of forty (40) 150
days, the Secretary of State shall issue a new certificate of 151
incorporation, if necessary, setting forth the names of those 152
municipalities which have elected to become members of the joint 153
department. The failure of any proposed member to become a member 154
shall not affect the validity of the corporate existence of the 155
joint department as long as there are a minimum of two (2) 156
municipalities in the joint department. 157
SECTION 5. Once a joint department is formed, as authorized 158
under this act, each participating municipality and county may 159
loan vehicles, weapons and other property to the joint department, 160
and the joint department shall have jurisdiction in all 161
participating municipalities of the joint department to execute 162
police protection and law enforcement. 163
SECTION 6. (1) Each participating municipality of a joint 164
department shall pay a proportionate amount of monies to fund the 165
costs of operating the joint department. The amount to be paid by 166
each municipality shall be determined by the population of each 167
municipality, with the greater share paid by the larger 168
municipality. 169
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ST: "Mississippi Joint Municipal Law
Enforcement Act"; create.
(2) In addition to the required funding prescribed under 170
subsection (1) of this section, the board of supervisors of the 171
county where each municipality lies is authorized to provide 172
funding to the joint department. 173
SECTION 7. This act shall take effect and be in force from 174
and after July 1, 2026. 175