Senate committee advances bill requiring probable cause before DMR officers board saltwater vessels

A Senate committee on Ports and Marine Resources on an unspecified date voted to report out Senate Bill 2263, a measure that would require Department of Marine Resources (DMR) law-enforcement officers to have probable cause before stopping or boarding saltwater vessels.

Senator England, who explained the bill to the committee, said the change would align DMR practice with other law-enforcement agencies. "This is going to require DMR law enforcement officers to have probable cause before they can board or stop a vessel," the senator said, noting other states such as Florida recently adopted similar requirements.

The bill's sponsor and supporters told the committee that, under current practice, DMR officers may stop, board or search vessels and marina berths without a statutory probable-cause requirement. Committee members pressed on the bill's scope and on whether freshwater conservation officers and wildlife officers would be covered. Senator Seymour noted existing language in Title 49 that uses a lower standard in some circumstances and asked whether the bill is correcting that language; the presenter said the bill focuses on saltwater DMR stops and that a separate bill addressing wildlife and fisheries officers is before the related committee.

Lawmakers and the sponsor described constituent complaints about stops they view as arbitrary. Senator Hopson said DMR officers currently "can go on at any time" and recounted a constituent who was stopped while fishing with his grandson; the sponsor relayed a separate example of a person ticketed for not having a flare on a morning fishing trip and said the constituent could not afford to litigate the citation.

Members discussed consistency with roadside roadblock jurisprudence and the desire that different enforcement authorities not produce confusing, inconsistent standards for the public. Several senators urged coordination so freshwater and saltwater standards are not at odds; witnesses and members noted a separate bill in the Wildlife, Fisheries and Parks committee would address freshwater enforcement practices.

The committee moved on a voice motion of "title sufficient; do pass," heard the ayes and no opposed voice votes, and reported the bill out of committee for further consideration. The transcript records a committee voice vote and does not include a roll-call tally or any final floor action.