2010 Mississippi Legislative Update

Barton Norfleet1

The following is a summary of legislation enacted by the Mississippi Legislature during the 2010 session.

2010 Mississippi Laws Ch. 304 (H.B. 606)                                       (Approved February 17, 2010)
Reenacts section 69-7-601 of the Mississippi Code of 1972 which declares that the article will be known as the Mississippi Catfish Marketing Law of 1975. Section 69-7-602 requires retailers to inform their customers of the origin and species of the fish they are selling. This act is a result of the increasing concerns revolving around food-misrepresentation, in the form of passing off less expensive aquaculture food as more expensive food, and due to the chemicals and other processing techniques allowed in other countries that are not allowed in the United States which could have a detrimental effect on the health of U.S. citizens.

2010 Mississippi Laws Ch. 336 (H.B. 204)                                         (Approved March 15, 2010)
Deletes the repeal on penalties for unlawful possession of paddlefish and allows the Commission on Wildlife, Fisheries and Parks to promulgate rules and regulations, establish and issue permits, and establish and collect fees for permits for the harvest and sale of both paddlefish and paddlefish parts.

2010 Mississippi Laws Ch. 334 (H.B. 231)                                         (Approved March 15, 2010)
Requires the public notification requirement for public water to be provided to the State Department of Health for publication on its website and requires notice to be published in certain newspapers that the drinking water quality reports will be available on the above mentioned website.

2010 Mississippi Laws Ch. 343 (H.B. 1039)                                        (Approved March 15, 2010)
Allows for the Commission on Marine Resources to authorize the transfer of an oyster vessel captain license to a different vessel.

2010 Mississippi Laws Ch. 332 (H.B. 1138)                                        (Approved March 15, 2010)
Changes free fishing day to free fishing weekend and moves it to coincide with national fishing and boating week.

2010 Mississippi Laws Ch. 411 (H.B. 432)                                        (Approved March 17, 2010)
Amends requirements of well developers to obtain a water well contractor’s license; prohibits the assignment of such licenses, requires a certification of completion of continuing education units as required by the Mississippi Commission of Environmental Quality; clarifies the authority of the Mississippi Commission of Environmental Quality; and provides an exemption for persons drilling an irrigation well on their own land.

2010 Mississippi Laws Ch. 410 (H.B. 1040)                                        (Approved March 17, 2010)
Authorizes the Commission on Marine Resources to revoke a license of a person and vessel indefinitely for multiple offenses committed within a certain time period.

2010 Mississippi Law Ch. 412 (H.B. 1440)                                         (Approved March 17, 2010)
Revises the requirements for participation in the beneficial use of dredging materials program related to wetlands. Waives charges on any project by a governmental agency or any project where expenses are made as a result of a government grant or from government bond proceeds. Requires a party conducting dredging of over 2,500 cubic yards to participate in the beneficial use of dredge material program, as long as the material is suitable and a beneficial site is available.,

2010 Mississippi Law Ch. 370 (S.B. 2383)                                         (Approved March 17, 2010)
Conforms the standard for intoxication under the Alcohol Boating and Safety Act to the standard for driving under the influence under traffic laws including the need for prima facie evidence at the time of the alleged violation that the alcohol in the blood stream equals eight one-hundredths percent or more by weight of the alcohol in a person’s blood, and to also expand potential enforcement of this act to the Department of Marine Resources.

2010 Mississippi Law Ch. 380 (S.B. 2917)                                          (Approved March 17, 2010)
Allows persons 65 or older fishing in marine waters of the state to obtain a lifetime saltwater sports fishing license for a limited one-time fee of $5.00.

2010 Mississippi Law Ch. 378 (S.B. 2925)                                           (Approved March 17, 2010)
Prohibits the discharge of human waste in the marine waters of the state from a vessel while the vessel is used to harvest or transport oysters, requires the vessels to have approved marine sanitation devices, provides for standards for these devices, and sets up penalties for violations.

2010 Mississippi Law Ch. 384 (S.B. 3010)                                         (Approved March 17, 2010)
Allows the Commission of Wildlife, Fisheries and Parks to issue an annual group pier fishing license, and clarifies that people fishing from that pier are not required to have individual fishing licenses.

2010 Mississippi Law Ch. 911 (H.B. 1731)                                          (Approved April 5, 2010)
Authorizes the city of Bay St. Louis, MS to waive the required annual state audit for the municipal fiscal years of 2004-2005 due to the effects of Hurricane Katrina.

2010 Mississippi Law Ch. 553 (H.B. 1351)                                        (Approved April 28, 2010)
Authorizes the Pat Harrison Waterway District to receive and expend funds given to them under the provisions of the Federal American Recover and Reinvestment Act of 2009 or from other sources to construct a lake and related structures and facilities in George County, MS, and to obtain any information needed in the construction of the lake and its facilities.

2010 Mississippi Law Ch. 937 (S.B. 3204)                                          (Approved May 13, 2010)
Allows governing authorities in Biloxi, MS to take necessary action to clean private properties affected by Hurricane Katrina which are in a state of disrepair unfit for use or occupancy and which have remnants of structures that are a menace to public safety, provides for a hearing and notice to property owners and lien holders, and allows the city to take action it may recover costs and impose penalties.

Endnote
1. 2012 J.D. Candidate, University of Mississippi School of Law.

Recommended citation: Barton Norfleet, Mississippi Legislative Update, 31:1 WATER LOG 13 (2011).