Bill Text: MS SB2153 | 2020 | Regular Session | Introduced
Bill Title: Commission on Marine Resources; provide for court contempt and license revocation for nonpayment of administrative penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-03-03 - Died In Committee [SB2153 Detail]
Download: Mississippi-2020-SB2153-Introduced.html
MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Ports and Marine Resources; Judiciary, Division A
By: Senator(s) Seymour
Senate Bill 2153
AN ACT TO AMEND SECTION 49-15-415, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR CONTEMPT OF COURT AND LICENSE REVOCATION FOR FAILURE TO COMPLY WITH A COURT ORDER TO PAY AN ADMINISTRATIVE PENALTY IMPOSED BY THE MISSISSIPPI COMMISSION ON MARINE RESOURCES; TO AMEND SECTION 49-15-401, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-15-415, Mississippi Code of 1972, is amended as follows:
49-15-415. (1) Any penalty assessed by the commission shall be due and payable within forty-five (45) days of the notification of the decision. All sums of money collected as a result of criminal or civil penalties levied under this article shall be paid into the Seafood Fund created and described in Section 49-15-17.
(2) If the judgment is not paid within the forty-five (45) days, or within such additional time as the commission may allow, the commission may file suit in the chancery court of the county where the defendant resides or in the case of a nonresident defendant in the Chancery Court of the Second Judicial District of Harrison County or any other court with appropriate jurisdiction to enforce the decision of the commission and recover reasonable attorney's fees and all court costs. Failure to comply with an order of the court to pay the penalty assessed by the commission shall subject the debtor to contempt of court under Section 9-1-17 or license revocation by the commission without further administrative hearing procedures, or both.
(3) A copy of the notification sent by the commission to the violator shall be sufficient proof as to the judgment of the commission.
SECTION 2. Section 49-15-401, Mississippi Code of 1972, is amended as follows:
49-15-401. It is the purpose of this article to establish an administrative hearing procedure for the Commission on Marine Resources to enforce the rules and regulations of the commission and Sections 49-15-1 through 49-15-321, 49-27-1 through 49-27-71, 59-21-111, and such other statutes within the jurisdiction of the Commission on Marine Resources. Unless specifically authorized, the commission shall not seek both administrative and criminal penalties against violators of the statutes referred to herein for the same offense, except as provided in Sections 49-15-63 and 49-15-415. The commission will notify the Department of Marine Resources of violations to bring forward for administrative penalty processing.
SECTION 3. This act shall take effect and be in force from and after July 1, 2020.
