MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Wildlife and Fisheries

By: Senator(s) Posey

AN ACT TO PROVIDE A PENALTY FOR A PERSON WHO FAILS TO RESPOND TO A SUMMONS OR CITATION ISSUED BY THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS; TO PROVIDE A REINSTATEMENT FEE FOR REVOKED LICENSES; TO BRING FORWARD SECTION 49-7-27, MISSISSIPPI CODE OF 1972; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Upon failure of any person to respond timely and properly to a summons or citation charging such person with a violation of any law, rule or regulation enforced by the Department of Wildlife, Fisheries and Parks, or upon failure of any person to pay timely any fine, fee or assessment levied as a result of a violation of any law, rule of regulation enforced by the Department of Wildlife, Fisheries and Parks, the clerk of the court shall give written notice to the person by United States first class mail at his last known address advising the person that if within ten (10) days after the notice is deposited in the mail the person has not properly responded to the summons or citation or has not paid the entire amount of all fines, fees and assessments levied, then the court will give notice to the commission and the commission shall revoke the hunting, fishing and trapping privileges and any permit issued to the person. The actual cost incurred by the court in the giving of notice may be added to any other court costs assessed in the case. If within ten (10) days after the notice is given in accordance with this subsection such person has not satisfactorily disposed of the matter pending before the court, then the clerk of the court immediately shall mail a copy of the abstract or the court record along with a certified copy of the notice given under this subsection, to the commission. After receiving notice from the court clerk, the commission shall revoke the hunting, fishing and trapping privileges and/or any permit issued to any such person.

(2) A person whose hunting, fishing and trapping privileges or permit that has been revoked under subsection (1) shall remain under revocation until the person can show proof that all obligations of the court have been met.

(3) Any person who has had their hunting, fishing or trapping privileges revoked for any reason shall be required to pay a Twenty-five Dollar ($25.00) reinstatement fee to the Department of Wildlife, Fisheries and Parks.

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

49-7-27. 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.

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.

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.

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.

In addition to the reasons specified in this section and other provisions of this chapter, the commission shall be 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.

SECTION 3. This act shall take effect and be in force from and after July 1, 1999.