House Bill 870

AN ACT TO REQUIRE THE MISSISSIPPI COMMISSION ON WILDLIFE, FISHERIES AND PARKS TO PROVIDE PUBLIC NOTICE TO COUNTIES OF PROPOSED REGULATORY CHANGES AFFECTING HUNTING, FISHING AND WILDLIFE GAMING IN CERTAIN COUNTIES IN A NEWSPAPER OF GENERAL CIRCULATION IN THE AFFECTED COUNTY OR STATE; TO SPECIFY THE FREQUENCY AND FORMAT OF THE PUBLICATION OF SUCH NOTICE; TO AUTHORIZE THE COUNTY BOARD OF SUPERVISORS TO REQUEST A PUBLIC MEETING WITH THE COMMISSION OR ITS DESIGNATED REPRESENTATIVES WITHIN FIFTEEN DAYS AFTER THE THIRD WEEKLY PUBLICATION OF THE NOTICE; TO PROVIDE AN ADDITIONAL PERIOD TO RESIDENTS OF AFFECTED COUNTIES TO PROVIDE PUBLIC COMMENT TO THE COMMISSION EXPRESSING APPROVAL OR DISAPPROVAL OF THE PROPOSED CHANGE, ITS NECESSITY AND IMPACT; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Upon the decision of the Mississippi Commission on Wildlife, Fisheries and Parks to impose new regulations or revise existing hunting, fishing and wild game regulations in any county or within the state in its entirety, the commission shall be responsible for public notice at least once a week for at least three (3) consecutive weeks in a newspaper published within the affected county of the proposed regulatory change, or if no newspaper is published therein, then in a newspaper having a general circulation therein. Public notice in the instance of a statewide regulation shall be published at least once a week for at least three (3) consecutive weeks in a newspaper having mass statewide circulation. The size of the notice shall be no smaller than one-fourth (1/4) of a standard newspaper page and shall be printed in bold print. If a conservator has been appointed for the school district, the notice shall begin as follows: "By authority of Section 49-4-4, Mississippi Code of 1972, as amended, adopted by the Mississippi Legislature during the 1989 Regular Session, for the administration of Chapters 4 through 13, Title 49, Mississippi Code of 1972, the commission in the performance of its powers and duties has proposed a new regulation and/or change in regulations relating to wildlife gaming activities in [________________ County(ies)/State of Mississippi] as follows: [provide language of regulation change.]" The notice also shall include, in the discretion of the commission, any or all details relating to the purpose of the regulation and the duration of proposed changes affect. Public notices issued under this section shall be subject to Section 13-3-31 and not contrary to other laws regarding newspaper publication.

(2) (a) In addition to the notice provided in subsection (1) of this section, any county affected by a proposed regulatory change of the commission shall be given reasonable opportunity to conduct a community-wide meeting at the request of the county board of supervisors with representatives of the commission to discuss the necessity of and the impact of the regulation within such county. The meeting may be requested no later than fifteen (15) days after the third weekly publication of the notice of proposed change required under subsection (1) above. If no meeting is requested within the first fifteen (15) days after the third weekly publication, residents of the county shall have fifteen (15) additional days to provide comments to the commission expressing the approval or disapproval of the proposed regulatory change.

(b) If multiple counties are affected by the commission's proposed regulatory change, the boards of supervisors of those affected counties shall coordinate a joint meeting of said counties with the commission or representatives thereof for the purposes specified in paragraph (a) above. The times stipulated in paragraph (a) for the requesting of meetings and public commentary shall be applicable to multiple counties described in this paragraph.

SECTION 2. This act shall take effect and be in force from and after its passage.