House Bill 1498

AN ACT TO PROVIDE THAT THE MANAGEMENT OF CONSERVATION OFFICERS IN THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS SHALL BE UNDER THE MANAGEMENT OF THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTIONS 49-1-9, 49-1-12, 49-1-13, 49-1-15 AND 49-1-16, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The management of all conservation officers in the Department of Wildlife, Fisheries and Parks shall be under the management of the Department of Public Safety. The Commissioner of Public Safety shall exercise the duties formerly assigned to the Executive Director of the Department of Wildlife, Fisheries and Parks related to law enforcement. Conservation officers shall not be included in the Highway Patrol Retirement System.

SECTION 2. Section 49-1-9, Mississippi Code of 1972, is amended as follows:

49-1-9. The Commissioner of Public Safety shall appoint a chief law enforcement officer who shall be qualified and experienced in law enforcement work and who has served for not less than five (5) years as a duly sworn wildlife enforcement officer in the department and who has served in a supervisory position. The chief law enforcement officer shall be furnished a vehicle to perform his duties of overseeing all enforcement operations throughout the state in accordance with department policy. The officer shall enter into bond in the same amount as provided for the director, and conditioned upon the same terms. The primary duty of the chief law enforcement officer shall be directing the enforcement of all game and fish laws and regulations, cooperating with the cattle theft bureau of the Mississippi Department of Public Safety, and instructing all conservation officers in the discharge of their respective duties. The salary of the chief law enforcement officer shall be fixed by the commission in its discretion.

SECTION 3. Section 49-1-13, Mississippi Code of 1972, is amended as follows:

49-1-13. The Commissioner of Public Safety is hereby authorized and directed to appoint as many conservation officers as may be required to efficiently enforce the laws for the protection of wild animals, birds and fish, and the laws relating to theft of cattle, trespass prohibitions and litter. These officers shall be located in different sections of the state where their services are most needed. Conservation officers shall police the state lands in their respective districts and prohibit the unlawful cutting of timber. The salary of the conservation officers shall be as determined by the State Personnel Board, or its successor.

Each conservation officer and supervisor shall be furnished an allowance for uniforms not to exceed the amount specified in the appropriation bill.

SECTION 4. Section 49-1-15, Mississippi Code of 1972, is amended as follows:

49-1-15. (1) All appointments of conservation officers shall be under rules adopted and promulgated by the Commissioner of Public Safety. No person shall be appointed from and after July 1, 2001,unless he meets the following requirements:

(a) Is at least twenty-one (21) years of age;and

(b) Has successfully completed sixty-four (64) semester hours at an accredited community college or university or has an associate degree from an accredited community college or has passed the Law Enforcement Academy and has at least five (5) years experience in law enforcement.

(2) Each applicant, prior to entering into performance of his duties, at the expense of the department, shall attend and complete an appropriate curriculum in the field of law enforcement at the Mississippi Law Enforcement Officers' Training Academy or other training academy whose curriculum complies with requirements of the Board on Law Enforcement Officer Standards and Training. Conservation officers shall, on a periodic basis, be required to successfully complete additional advanced courses in law enforcement in order that they will be properly improved and trained in the modern, technical advances of law enforcement.

SECTION 5. Section 49-1-12, Mississippi Code of 1972, is amended as follows:

49-1-12. (1) The term "conservation officer" means a law enforcement officer of the department who shall be under the management of the Department of Public Safety.

(2) Wherever the terms "warden," "game warden," or "game and fish warden" appear, the same shall mean conservation officer.

SECTION 6. Section 49-1-16, Mississippi Code of 1972, is amended as follows:

49-1-16. (a) There is hereby created a Conservation Officers' Reserve Unit, hereinafter termed "the reserve," to assist the conservation officers in the performance of their duties. The reserve shall consist of volunteers who are approved by the Commissioner of Public Safety or his designated representative, and the members of the reserve shall 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 conservation officers.

(b) In order 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, not be a member of any police, auxiliary police, civil defense, or private security agency, 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) Such qualifications as are outlined in this section for enforcement officers.

Members of the immediate family of conservation officers shall not be eligible for the reserve unless a special waiver is granted by the commission.

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 conservation officers.

(c) The reserve shall be under the leadership and direction of the chief law enforcement officer, who may designate an officer to coordinate the actions of the reserve. The training of the reserve shall be conducted by a conservation officer. The reserve shall meet at least once each month for the purpose of training and transacting such business as may come before it. The chief law enforcement officer shall be notified in writing of all meetings of the reserve and the time and place of such meetings shall be recorded with the chief law enforcement officer. The chief law enforcement officer shall prepare a reserve officer's manual with the advice and consent of the commission. 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 law enforcement officer or his designated representative. When a reserve officer is on active duty and assigned to a specific conservation officer, he shall be under the direct supervision of that officer. Reserve officers serve at the discretion of the chief law enforcement officer and may be dismissed by him or the Commissioner of Public Safety. Reserve officers shall furnish their own uniforms and other personal equipment if the commissioner does not provide such items.

(d) The commission may, by regulation, require members of the Conservation Officers' Reserve Unit to attend officer reserve training programs conducted by county or municipal agencies or at the Mississippi Law Enforcement Officers Training Academy at the expense of the commission if the commission deems such training necessary or desirable.

(e) The commission 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 commission is authorized to develop a reserve officer identification system to accomplish the issuance of such items in accordance with the State Auditor guidelines.

(f) In the event the commission shall determine that a member of the Conservation Officers' Reserve Unit may attend a training program as authorized under the provisions of this section, the commission shall require that any such reserve officer shall sign an agreement, prior to 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 training program, the reserve officer or the respective hiring law enforcement agency shall reimburse the Department of Wildlife, Fisheries and Parks for the total cost of his training program. By October 1 of each year, the department shall provide the Game and Fish Committee of the Mississippi House of Representatives and the Wildlife and Marine Resources Committee of the Mississippi Senate a listing which contains each name and the respective cost of training each reserve officer received during the previous year.

SECTION 7. This act shall take effect and be in force from and after July 1, 2004.