SB 2634

MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Ports and Marine Resources
By: Senator(s) DeLano
Senate Bill 2634
(As Sent to Governor)
AN ACT TO AMEND SECTION 49-15-21, MISSISSIPPI CODE OF 1972,
TO AUTHORIZE THE PAYMENT OF MEMBERS OF THE DEPARTMENT OF MARINE RESOURCES
ENFORCEMENT OFFICERS RESERVE UNIT FOR SPECIAL NEED EVENTS WITH CRITICAL
SHORTAGES OF PERSONNEL; TO ESTABLISH CRITERIA FOR RESERVE OFFICERS TO BE
ELIGIBLE TO BE PAID FOR SERVICE ON SPECIAL NEED EVENTS; AND FOR RELATED
PURPOSES.
���� BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:
���� SECTION 1.� Section
49-15-21, Mississippi Code of 1972, is amended as follows:
���� 49-15-21.� (1)� The
executive director shall appoint the necessary enforcement officers for the
administration of this chapter.� The salary of all enforcement officers
employed shall be as determined by the State Personnel Board.� However, the
members of the Enforcement Officers' Reserve Unit created in subsection (4)
shall serve without pay, and shall not be employees of the State of Mississippi
for purposes of the State Personnel System, the Workers' Compensation Law, the
Public Employees' Retirement System or the State Employees Life and Health
Insurance Plan.
���� (2)� All enforcement
officers shall be experienced and qualified persons thoroughly familiar with
the seafood business and shall be at least twenty-one (21) years of age and be
a high school graduate or its equivalent.� The enforcement officers shall
diligently enforce all laws and regulations for the protection, propagation,
preservation or conservation of all saltwater aquatic life of the State of
Mississippi, and they are hereby constituted peace officers of the State of
Mississippi, with full police power and jurisdiction to enforce all laws of the
State of Mississippi, inclusive of all federal laws within the jurisdiction of
the State of Mississippi and waters and resources under management of the state,
and all regulations adopted and promulgated by the department.� Enforcement
officers may exercise such powers in any county of the State of Mississippi and
on any waters of the state, and they are hereby authorized to carry firearms or
other weapons, concealed or otherwise, and they shall investigate all persons,
corporations and otherwise who are alleged to have violated any laws, and make
affidavits, arrests and serve papers of any court of competent jurisdiction, in
like manner as is provided for sheriffs and deputy sheriffs, when the same
shall be in connection with the enforcement of the seafood laws of the State of
Mississippi and such other laws and regulations of this state as the department
may designate.� The enforcement officers may seize at any time aquatic life
caught, taken or transported in a manner contrary to the laws of this state,
and may confiscate and dispose of the same.� Any net or other paraphernalia
used or employed in connection with a violation may be seized, and forfeiture proceedings
may be instituted.� Enforcement officers may draft the aid of captains, crews
and boats or licensed vessels to enforce this chapter and may, without warrant,
board and search vessels or vehicles.� The application for any license or
permit from the department to catch, fish, take, transport or handle or process
any form of aquatic life, or the taking, catching, transporting or handling or
processing of any and all aquatic life in this state shall constitute
acquiescence and agreement upon the part of the owners, captains and crews,
employers and dealers to the provisions of this chapter and the agreement that
enforcement officers may exercise the authority granted under the provisions
hereof.
���� (3)� Prior to entering into
performance of their duties or delegations or as soon after appointment as
possible, each enforcement officer, 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 law
enforcement training program approved under Section 45-6-7.� However, members
of the Enforcement Officers' Reserve Unit created in subsection (4) of this
section may attend the Mississippi Law Enforcement Officers' Training Academy
at the expense of the department if it deems the training necessary or
desirable.� No enforcement officer shall be entitled to payment of salary after
the first twelve (12) months in office if he has either failed to attend the
academy or has failed to comply with other qualifications or successfully
complete any law enforcement qualification examinations as the director deems
necessary.� The enforcement officers shall, on a periodic basis, be required to
attend additional advanced courses in law enforcement in order that they will
be properly improved and trained in the modern, technical advances of law
enforcement.
���� (4)� (a)� There is hereby
created an Enforcement Officers' Reserve Unit, hereinafter termed "the
reserve," to assist the enforcement officers in the performance of their
duties under this chapter.� The reserve shall consist of volunteers who are
approved by the Executive Director of the Department of Marine Resources or his
designee.� 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 enforcement
officers.
��������� (b)� 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)� The qualifications
as are outlined in this section for enforcement officers.
��������� (c)� There is
created within the reserve Special Need Events Marine Patrol Reserve Officers.�
Special Need Events with critical shortage of personnel shall be as determined
by the Chief of Marine Patrol and approved by the director.� For reserve
officers to qualify for Special Need Events, they must meet the following
criteria:
������������� (i)� Be in good
standing; and
������������� (ii)�
Successfully completed and have a board of minimum standards certification
(part time or full time); or
������������� (iii)�
Completion of an academy from another state that is recognized by the Board on
Law Enforcement Officers Standards and Training.
���� Notwithstanding the
prohibitions contained in subsection (1) and paragraph (a) of this subsection
(4), Special Need Events Marine Patrol Reserve Officers shall receive pay as
determined by the director for work at Special Need Events.
���� Members of the immediate
family of enforcement officers shall not be eligible for the reserve unless a
special waiver is granted.
���� 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 enforcement
officers.
��������� ( * * *cd)� The reserve shall be under the
leadership and direction of the executive director or his designee.� The
training of the reserve shall be conducted by an enforcement officer.� The
reserve shall meet at least once each month for the purpose of training and
transacting any business as may come before it.� The executive director shall
be notified in writing of all meetings of the reserve, and the time and
place of the meetings shall be recorded with the executive director.� The
executive director shall prepare a reserve officer's manual with the advice and
consent of the department.� 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
executive director or his designated representative.� When a reserve officer is
on active duty and assigned to a specific enforcement officer, he shall be
under the direct supervision of that officer.� Reserve officers serve at the
discretion of the executive director and may be dismissed by him.� Reserve
officers shall furnish their own uniforms and other personal equipment if the
executive director does not provide such items.
��������� ( * * *de)� The executive director may require
members of the Enforcement Officers' Reserve Unit to attend officer reserve
training programs conducted by county or municipal agencies.
��������� ( * * *ef)� The executive director 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 executive director may develop a reserve officer
identification system to accomplish the issuance of such items in accordance with
the State Auditor guidelines.
��������� ( * * *fg)� If the executive director
determines that a member of the Enforcement Officers' Reserve Unit may attend a
training program as authorized under this section, it shall require that
reserve officer to 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 for the total cost
of his training program.� By October 1 of each year, the department shall
provide the Conservation and Water Resources Committee of the Mississippi House
of Representatives and the Ports 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 2.� This act
shall take effect and be in force from and after July 1, 2026.