House Bill 1281

AN ACT TO AMEND SECTION 97-15-32, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON WHO DUMPS ANY DEAD WILDLIFE, OR PARTS OR WASTE OF SUCH WILDLIFE, IN CERTAIN AREAS WITHIN THE STATE SHALL HAVE HIS OR HER HUNTING PRIVILEGE AND ANY HUNTING LICENSE OR LICENSES ISSUED TO HIM OR HER REVOKED BY THE MISSISSIPPI COMMISSION ON WILDLIFE, FISHERIES AND PARKS FOR A PERIOD OF ONE YEAR, AND THE COMMISSION SHALL NOT ISSUE THE PERSON ANY LICENSE FOR A PERIOD OF ONE YEAR FROM THE DATE OF FORFEITURE; TO BRING FORWARD SECTION 49-7-27, MISSISSIPPI CODE OF 1972, WHICH RELATES TO REVOCATION OF HUNTING AND FISHING LICENSES, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-15-32, Mississippi Code of 1972, is amended as follows:

97-15-32. (1) Anyone who puts, throws or dumps on the streets, roads or highways within this state, or within the limits of the rights-of-way of such streets, roads or highways, or in the lakes, streams, rivers or navigable waters or upon any private property without permission of the owner of such property, any dead wildlife, wildlife parts or waste, in addition to being civilly liable for all damages caused by such act, upon conviction, shall be guilty of a misdemeanor and punished as provided in this section.

(2) Any person found guilty of the violation of this section shall, upon conviction, be fined not less than Two Hundred Dollars ($200.00) nor more than Four Hundred Dollars ($400.00) * * *., and shall have his or her hunting privilege and any hunting license or licenses issued to him or her revoked by the Mississippi Commission on Wildlife, Fisheries and Parks for a period of one (1) year, and the commission shall not issue the person any license for a period of one (1) year from the date of forfeiture.

(3) A person convicted for a first offense under this section may be required to perform the following, and a person convicted for a second or subsequent offense shall have his or her hunting privilege and any hunting license or licenses issued to him or her revoked by the commission for a period of one (1) year, and the commission shall not issue the person any license for a period of one (1) year from the date of forfeiture, and shall be required to:

(a) Remove the unlawfully discarded dead wildlife or waste;

(b) Restore property damaged by, or pay damages for any damage arising out of the unlawfully discarded dead wildlife or waste;

(c) Perform community public service relating to the removal of any unlawfully discarded dead wildlife or waste or to the restoration of any area polluted by unlawfully discarded dead wildlife or waste; and

(d) Pay all reasonable investigative and prosecutorial expenses and costs to the investigative and/or prosecutorial agency or agencies.

(4) It shall be the duty of all law enforcement officers to enforce the provisions of this section.

SECTION 2. Section 49-7-27, Mississippi Code of 1972, is brought forward as follows:

49-7-27. (1) The commission may revoke any hunting, trapping, or fishing privileges, license or deny any person the right to secure such license if the person has been convicted of the violation of any of the provisions of this chapter or any regulation thereunder. The revocation of the privilege, license or refusal to grant license shall be for a period of one (1) year. However, before the revocation of the privilege or license shall become effective, the executive director shall send by registered mail notice to the person or licensee, who shall have the right to a hearing or representation before the commission at the next regular meeting or a special meeting. The notice shall set out fully the ground or complaint upon which revocation of, or refusal to grant, the privilege or license is sought.

(2) Any person who is convicted for a second time during any period of twelve (12) consecutive months for violation of any of the laws with respect to game, fish or nongame fish or animals shall forfeit his privilege and any license or licenses issued to him by the commission and the commission shall not issue the person any license for a period of one (1) year from the date of forfeiture.

(3) Failure of any person to surrender his license or licenses upon demand made by the commission or by its representatives at the direction of the commission shall be a misdemeanor and shall be punishable as such.

(4) Any violator whose privilege or license has been revoked, who shall, during the period of revocation, be apprehended for hunting or fishing, shall have imposed upon him a mandatory jail term of not less than thirty (30) days nor more than six (6) months.

(5) The commission is authorized to suspend any license issued to any person under this chapter for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

(6) If a person is found guilty or pleads guilty or nolo contendere to a violation of Section 49-7-95, and then appeals, the commission shall suspend or revoke the hunting privileges of that person pending the determination of his appeal.

(7) (a) If a person does not comply with a summons or a citation or does not pay a fine, fee or assessment for violating a wildlife law or regulation, the commission shall revoke the fishing, hunting, or trapping privileges of that person. When a person does not comply or fails to pay, the clerk of the court shall notify the person in writing by first class mail that if the person does not comply or pay within ten (10) days from the date of mailing, the court will notify the commission and the commission will revoke the fishing, hunting or trapping privileges of that person. The cost of notice may be added to other court costs. If the person does not comply or pay as required, the court clerk shall immediately mail a copy of the court record and a copy of the notice to the commission. After receiving notice from the court, the commission shall revoke the fishing, hunting or trapping privileges of that person.

(b) A person whose fishing, hunting or trapping privileges have been revoked under this subsection shall remain revoked until the person can show proof that all obligations of the court have been met.

(c) A person shall pay a Twenty-five Dollar ($25.00) fee to have his privileges reinstated. The fee shall be paid to the department.

SECTION 3. This act shall take effect and be in force from and after July 1, 2024.