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S. B. No. 2745 *SS36/R494* ~ OFFICIAL ~ G1/2
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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Thompson
SENATE BILL NO. 2745
AN ACT TO ENACT THE MISSISSIPPI FREEDOM BOATER LAW; TO 1
PROVIDE THAT NO ENFORCEMENT OFFICER OR ANY AGENT OF THE 2
MISSISSIPPI COMMISSION ON WILDLIFE, FISHERIES AND PARKS OR THE 3
DEPARTMENT OF MARINE RESOURCES SHALL PERFORM A VESSEL STOP OR 4
BOARD A VESSEL FOR THE SOLE PURPOSE OF PERFORMING A SAFETY 5
INSPECTION; TO PROVIDE THAT A VIOLATION BASED ON THE SAFETY 6
EQUIPMENT CARRIAGE AND USE REQUIREMENTS OF A VESSEL IS A SECONDARY 7
OFFENSE; TO PROVIDE THAT NO ENFORCEMENT OFFICER OR ANY AGENT OF 8
THE MISSISSIPPI COMMISSION ON WILDLIFE, FISHERIES AND PARKS OR THE 9
DEPARTMENT OF MARINE RESOURCES SHALL BOARD ANY VESSEL OR PERFORM A 10
VESSEL STOP IN THIS STATE UNLESS THE OFFICER OR AGENT HAS PROBABLE 11
CAUSE THAT A PRIMARY OFFENSE OR CRIMINAL OFFENSE HAS OCCURRED OR 12
IS OCCURRING; TO REQUIRE THE MISSISSIPPI COMMISSION ON WILDLIFE, 13
FISHERIES AND PARKS TO CREATE A "MISSISSIPPI FREEDOM BOATER" 14
SAFETY INSPECTION DECAL FOR ISSUE AT TIME OF REGISTRATION OR 15
RENEWAL, SIGNIFYING THAT THE VESSEL IS DEEMED TO HAVE MET SAFETY 16
EQUIPMENT CARRIAGE AND USE REQUIREMENTS; TO AMEND SECTION 17
59-21-127, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED 18
PURPOSES. 19
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 20
SECTION 1. Sections 1 through 3 of this act shall be known 21
and may be cited as the "Mississippi Freedom Boater Law." 22
SECTION 2. (1) No enforcement officer or any agent of the 23
Mississippi Commission on Wildlife, Fisheries and Parks or the 24
Department of Marine Resources shall perform a vessel stop or 25
board a vessel for the sole purpose of performing a safety 26
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inspection under this chapter or the rules and regulations of the 27
commission. A violation based on the safety equipment carriage 28
and use requirements of this chapter or any rules or regulations 29
promulgated addressing the same is a secondary offense, rather 30
than a primary offense. 31
(2) No enforcement officer or any agent of the Mississippi 32
Commission on Wildlife, Fisheries and Parks or the Department of 33
Marine Resources shall board any vessel or perform a vessel stop 34
in this state unless the officer or agent has probable cause to 35
believe that a violation of this chapter that constitutes a 36
primary offense or any other criminal offense under the 37
Mississippi Code of 1972 has occurred or is occurring. 38
SECTION 3. (1) (a) The commission, in conjunction with the 39
Office of Driver Service Bureau of the Department of Public 40
Safety, shall create a "Mississippi Freedom Boater" safety 41
inspection decal for issue at time of registration or renewal, 42
signifying that the vessel is deemed to have met the safety 43
equipment carriage and use requirements of this chapter. Upon 44
demonstrated compliance with the safety equipment carriage and use 45
requirements of this chapter at the time of registration or 46
renewal, the operator of a vessel shall be issued a "Mississippi 47
Freedom Boater" safety inspection decal. The Department of Marine 48
Resources may designate by rule the timeframe for expiration of, 49
and the specific design for, the "Mississippi Freedom Boater" 50
safety inspection decal. However, a decal may not be valid for 51
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less than one (1) calendar year or more than five (5) years at the 52
time of issue and, at a minimum, must meet the standards specified 53
in this subsection. 54
(b) The "Mississippi Freedom Boater" safety inspection 55
decal must be located within six (6) inches of the inspected 56
vessel's properly displayed vessel registration decal. For 57
nonmotorized vessels that are not required to be registered, the 58
"Mississippi Freedom Boater" safety inspection decal must be 59
located above the waterline on the forward half of the port side 60
of the vessel. 61
(2) This section does not restrict a law enforcement officer 62
from stopping a vessel for any other lawful purpose when the 63
officer has probable cause to believe that a violation of this 64
chapter that constitutes a primary offense or any other criminal 65
offense under the Mississippi Code of 1972 has occurred or is 66
occurring. 67
SECTION 4. Section 59-21-127, Mississippi Code of 1972, is 68
amended as follows: 69
59-21-127. (1) Subject to the provisions of Section 1 of 70
this act, it shall be the duty of all enforcement officers to 71
enforce, and to obey and carry out all instructions, directions, 72
rules and regulations of the Commission on Wildlife, Fisheries and 73
Parks with respect to the enforcement of the provisions of this 74
chapter. Each enforcement officer shall account for and pay over, 75
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pursuant to law, all monies received by him or her under this 76
chapter. 77
(2) Subject to the provisions of Section 1 of this act, such 78
enforcement officers shall have the power, and it shall be their 79
duty * * *: 80
(a) To execute all warrants for violations of the rules 81
and regulations of the commission and the provisions of this 82
chapter that constitute a primary offense; 83
(b) To serve subpoenas issued for the examination and 84
investigation or trial of such violations; 85
(c) To board and examine, without warrant but only upon 86
probable cause, any vessel required to be numbered under this 87
chapter, to ascertain whether any of the provisions of this 88
chapter or any rule or regulation of the commission that 89
constitute a primary offense or any criminal offense under the 90
Mississippi Code of 1972 has been or is being violated, and to use 91
such force as may be necessary for the purpose of such examination 92
and inspection; 93
(d) To arrest, without warrant but only upon probable 94
cause, any person committing a violation of this chapter or the 95
rules and regulations of the commission that constitute a primary 96
offense or any criminal offense under the Mississippi Code of 1972 97
in the presence of the enforcement officers, and to take such 98
person before a magistrate or court having jurisdiction for trial 99
or hearing; and 100
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ST: Mississippi Freedom Boater Law; enact.
(e) To exercise such other powers of peace officers in 101
the enforcement of this chapter and the rules and regulations of 102
the commission or of a judgment for the violation thereof, as are 103
not herein specifically provided. 104
(3) No enforcement officers shall compromise or settle out 105
of court any violation of the provisions of this chapter or any 106
rule or regulation promulgated by the commission. 107
SECTION 5. Sections 1 through 3 of this act shall be 108
codified within Chapter 21, Title 59, Mississippi Code of 1972. 109
SECTION 6. This act shall take effect and be in force from 110
and after July 1, 2026. 111