MISSISSIPPI LEGISLATURE
2007 Regular Session
To: Wildlife, Fisheries and Parks; Judiciary B
By: Representative Akins, Beckett, Howell, Martinson, McBride, Sullivan, Vince, Walley
AN ACT TO AMEND SECTION 63-1-51, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE COMMISSIONER OF PUBLIC SAFETY SHALL SUSPEND THE DRIVER'S LICENSE AND DRIVING PRIVILEGES OF ANY PERSON WHOSE RECORD INDICATES THAT THE PERSON HAS FAILED TO PAY ANY FINE, ASSESSMENT OR COST IMPOSED FOR A VIOLATION OF CHAPTER 3, 5 OR 7 OF TITLE 63, MISSISSIPPI CODE OF 1972; TO PROVIDE THAT THE SUSPENSION SHALL REMAIN IN EFFECT UNTIL SUCH TIME AS THE COMMISSIONER IS NOTIFIED BY THE COURT THAT ALL FINES, ASSESSMENTS AND COSTS HAVE BEEN SATISFIED AND SUCH PERSON HAS MET THE REQUIREMENTS FOR REINSTATEMENT OF HIS LICENSE AND DRIVING PRIVILEGES; TO PROVIDE THAT THE COMMISSIONER SHALL GIVE NOTICE OF THE SUSPENSION TO THE MISSISSIPPI COMMISSION ON WILDLIFE, FISHERIES AND PARKS; TO AMEND SECTION 49-7-27, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS SHALL REVOKE THE FISHING, HUNTING AND TRAPPING PRIVILEGES OF ANY PERSON WHOSE DRIVER'S LICENSE HAS BEEN SUSPENDED FOR FAILURE OF SUCH PERSON TO PAY ANY FINE, ASSESSMENT OR COST IMPOSED FOR A VIOLATION OF CHAPTER 3, 5 OR 7 OF TITLE 63, MISSISSIPPI CODE OF 1972; TO PROVIDE THAT SUCH REVOCATION SHALL REMAIN IN EFFECT UNTIL THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS RECEIVES NOTICE FROM THE COMMISSIONER OF PUBLIC SAFETY THAT SUCH PERSON HAS PAID ALL FINES, ASSESSMENTS AND COSTS IMPOSED FOR THE VIOLATION, THE DRIVER'S LICENSE AND DRIVING PRIVILEGES OF SUCH PERSON HAVE BEEN REINSTATED, AND THE PERSON HAS PAID THE APPLICABLE FEE FOR REINSTATEMENT OF HIS FISHING, HUNTING AND TRAPPING PRIVILEGES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-1-51, Mississippi Code of 1972, is amended as follows:
63-1-51. (1) It shall be the duty of the trial judge, upon conviction of any person holding a license issued pursuant to this article where the penalty for a traffic violation is as much as Ten Dollars ($10.00), to mail a copy of abstract of the court record or provide an electronically or computer generated copy of abstract of the court record immediately to the commissioner at Jackson, Mississippi, showing the date of conviction, penalty, etc., so that a record of same may be made by the Department of Public Safety. The commissioner shall forthwith revoke the license of any person for a period of one (1) year upon receiving a duly certified record of each person's convictions of any of the following offenses when such conviction has become final:
(a) Manslaughter or negligent homicide resulting from the operation of a motor vehicle;
(b) Any felony in the commission of which a motor vehicle is used;
(c) Failure to stop and render aid as required under the laws of this state in event of a motor vehicle accident resulting in the death or personal injury of another;
(d) Perjury or the willful making of a false affidavit or statement under oath to the department under this article or under any other law relating to the ownership or operation of motor vehicles;
(e) Conviction, or forfeiture of bail not vacated, upon three (3) charges of reckless driving committed within a period of twelve (12) months;
(f) Contempt for failure to pay a fine or fee or to respond to a summons or citation pursuant to a charge of a violation of this title.
(2) The commissioner shall revoke the license issued pursuant to this article of any person convicted of negligent homicide, in addition to any penalty now provided by law.
(3) In addition to the reasons specified in this section, the commissioner shall be authorized to suspend the license issued to any person pursuant to this article 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 article, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
(4) In addition to the suspension of a person's license as otherwise provided under this section, the commissioner shall suspend the license of any person whose record indicates that the person has failed to pay any fine, assessment or cost imposed for a violation of Chapter 3, 5 or 7 of this Title. The suspension shall remain in effect until such time as the commissioner is notified by the court that all fines, assessments and costs have been satisfied and such person has met the requirements for reinstatement of his license and driving privileges under Section 63-1-46. In addition to notifying such person of the suspension as provided under Section 63-1-52, the commissioner also shall give notice of the suspension to the Mississippi Commission on Wildlife, Fisheries and Parks. When the commissioner receives notice from the court that such person has paid all fines, assessments and costs imposed for the violation and the license and driving privileges of such person have been reinstated, the commissioner shall immediately give notice to the Mississippi Commission on Wildlife, Fisheries and Parks.
SECTION 2. Section 49-7-27, Mississippi Code of 1972, is amended 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) Upon receipt of notice from the Commissioner of Public Safety that the driver's license of any person has been suspended for failure of such person to pay any fine, assessment or cost imposed for a violation of Chapter 3, 5 or 7 of Title 63, Mississippi Code of 1972, the Commission on Wildlife, Fisheries and Parks shall revoke the fishing, hunting and trapping privileges of that person and shall immediately give notice to such person, in writing and by United States first class mail, of such revocation. Such revocation shall remain in effect until the Commission on Wildlife, Fisheries and Parks receives notice from the Commissioner of Public Safety that such person has paid all fines, assessments and costs imposed for the violation, the license and driving privileges of such person have been reinstated, and the person has paid the fee required under paragraph (d) of this section.
(c) 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.
(d) 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, 2007.