Bill Text: MS HB1258 | 2019 | Regular Session | Engrossed
Bill Title: Department of Marine Resources Enforcement Officers' Reserve Unit; revise provisions regulating.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2019-03-13 - Died On Calendar [HB1258 Detail]
Download: Mississippi-2019-HB1258-Engrossed.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Marine Resources
By: Representatives Ladner, Barnett
House Bill 1258
(As Passed the House)
AN ACT TO AMEND SECTION 49-15-21, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT MEMBERS OF THE DEPARTMENT OF MARINE RESOURCES ENFORCEMENT OFFICERS' RESERVE UNIT SHALL SERVE WITHOUT PAY AND WITHOUT CERTAIN BENEFITS; TO AUTHORIZE ENFORCEMENT OFFICERS TO PROTECT CRITICAL INFRASTRUCTURES RELATED TO HOMELAND SECURITY THREATS; TO REMOVE THE PROHIBITION AGAINST A MEMBER OF THE RESERVE ALSO BEING A MEMBER OF ANY POLICE, AUXILIARY POLICE, CIVIL DEFENSE, OR PRIVATE SECURITY AGENCY; TO PROVIDE THAT THE RESERVE SHALL BE APPOINTED BY THE EXECUTIVE DIRECTOR AND SHALL BE UNDER THE DIRECTION OF THE CHIEF OF MARINE PATROL OR HIS OR HER DESIGNEE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-15-21, Mississippi Code of 1972, is amended as follows:
49-15-21. (1) The
executive director shall appoint the necessary enforcement officers for the
administration of this chapter. The salary of all enforcement officers
employed shall be as determined by the State Personnel Board. However, the
members of the Enforcement Officers' Reserve Unit created in subsection (4) * * * may serve without pay * * *.
(2) All enforcement
officers shall be experienced and qualified persons thoroughly familiar with
the seafood business and shall be at least twenty-one (21) years of age and be
a high school graduate or its equivalent. The enforcement officers shall
diligently enforce all laws and regulations for the protection, propagation,
preservation or conservation of all saltwater aquatic life of the State of
Mississippi, and they are hereby constituted peace officers of the State of
Mississippi, with full police power and jurisdiction to enforce all laws of the
State of Mississippi and all regulations adopted and promulgated by the
commission. Enforcement officers may exercise such powers in any county of the
State of Mississippi and on any waters of the state, protect critical
infrastructures related to homeland security threats, and they are hereby
authorized to carry firearms or other weapons, concealed or otherwise, and they
shall investigate all persons, corporations and otherwise who are alleged to
have violated any laws, and make affidavits, arrests and serve papers of any
court of competent jurisdiction, in like manner as is provided for sheriffs and
deputy sheriffs, when the same shall be in connection with the enforcement of
the seafood laws of the State of Mississippi and such other laws and
regulations of this state as the commission may designate. The enforcement
officers may seize at any time aquatic life caught, taken or transported in a
manner contrary to the laws of this state, and may confiscate and dispose of
the same. Any net or other paraphernalia used or employed in connection with a
violation may be seized, and forfeiture proceedings may be instituted.
Enforcement officers may draft the aid of captains, crews and boats or licensed
vessels to enforce this chapter and may, without warrant, board and search
vessels or vehicles. The application for any license or permit from the
commission to catch, fish, take, transport or handle or process any form of
aquatic life, or the taking, catching, transporting or handling or processing
of any * * *
aquatic life in this state shall constitute acquiescence and agreement upon the
part of the owners, captains and crews, employers and dealers to the provisions
of this chapter and the agreement that enforcement officers may exercise the
authority granted under the provisions hereof.
(3) * * * Before entering into performance
of their duties or delegations or as soon after appointment as possible, each
enforcement officer, at the expense of the commission, shall attend and
complete an appropriate curriculum in the field of law enforcement at the
Mississippi Law Enforcement Officers' Training Academy or other law enforcement
training program approved under Section 45-6-7. However, members of the
Enforcement Officers' Reserve Unit created in subsection (4) of this section
may attend the Mississippi Law Enforcement Officers' Training Academy at the
expense of the commission if it deems the training necessary or desirable. No
enforcement officer shall be entitled to payment of salary after the first
twelve (12) months in office if he or she has either failed to attend
the academy or has failed to comply with other qualifications or successfully
complete any law enforcement qualification examinations as the director deems
necessary. The enforcement officers shall, on a periodic basis, be required to
attend additional advanced courses in law enforcement in order that they will
be properly improved and trained in the modern, technical advances of law
enforcement.
(4) (a) There is hereby
created an Enforcement Officers' Reserve Unit, hereinafter termed "the
reserve," to assist the enforcement officers in the performance of their
duties under this chapter. The reserve shall consist of volunteers who are
approved by the Executive Director of the Department of Marine Resources or his
or her designee. The members of the reserve * * * may serve without pay. Reserve
officers shall be in such numbers as determined by the enforcement needs, with
the maximum strength of reserve officers limited to the same number as
enforcement officers.
(b) To be eligible for
membership in the reserve, an applicant must be twenty-one (21) years of age,
be a high school graduate or its equivalent, be in good physical condition,
have a Mississippi driver's license, be in good standing with the community, be
available for training and duty, * * * have never been convicted of a
felony, and have one (1) of the following:
(i) An honorable discharge or honorable separation certificate from one (1) of the United States military services;
(ii) Three (3) years of responsible post-high school work experience that required the ability to deal effectively with individuals and groups of persons;
(iii) Successful completion of sixty (60) semester hours at an accredited college or university; or
(iv) The qualifications as are outlined in this section for enforcement officers.
Members of the immediate family of enforcement officers shall not be eligible for the reserve unless a special waiver is granted.
Upon acceptance into the reserve, members shall receive a temporary appointment for one (1) year. During this year of temporary status, members must successfully complete the required training and must qualify on the same firearms course as enforcement officers.
(c) The reserve shall
be appointed by the executive director and shall be under the leadership
and direction of the * * * Chief of Marine Patrol or his or her
designee. The training of the reserve shall be conducted by an enforcement
officer. The reserve shall meet at least once each month for the purpose of
training and transacting any business as may come before it. The * * * Chief of Marine Patrol
shall be notified in writing of all meetings of the reserve and the time and
place of the meetings shall be recorded with the * * * Chief of Marine Patrol.
The * * * Chief of Marine Patrol shall prepare a reserve
officer's manual with the advice and consent of the * * * executive director. The
manual shall include, but is not limited to, the following: activities and
operations, training, administration and duties. During active service, the
reserve shall be under the direction of the * * * Chief of Marine Patrol
or his or her designated representative. When a reserve officer is on
active duty and assigned to a specific enforcement officer, he or she
shall be under the direct supervision of that officer. Reserve officers serve
at the discretion of the executive director and may be dismissed by him or
her. Reserve officers shall furnish their own uniforms and other personal
equipment if the executive director does not provide such items.
(d) The executive director may require members of the Enforcement Officers' Reserve Unit to attend officer reserve training programs conducted by county or municipal agencies.
(e) The executive director may issue uniforms to such reserve officers and may authorize the issuance of any state equipment necessary for the reserve officers to adequately assist law enforcement officers. The executive director may develop a reserve officer identification system to accomplish the issuance of such items in accordance with the State Auditor guidelines.
(f) If the executive
director determines that a member of the Enforcement Officers' Reserve Unit may
attend a training program as authorized under this section, it shall require
that reserve officer to sign an agreement, * * * before attending a training program,
which shall stipulate that if the reserve officer accepts employment from any
other public or private law enforcement agency within three (3) years after
completion of his or her training program, the reserve officer or the
respective hiring law enforcement agency shall reimburse the department for the
total cost of his or her training program. * * *
SECTION 2. This act shall take effect and be in force from and after July 1, 2019.
