_________ Bill No. _______

Introduced By _______________________________________________________________________________



A Bill for an Act entitled: "An Act requiring the department of fish, wildlife, and parks to hold an annual meeting in each administrative region as a forum for discussion of the regional budget and goals and to report the results of the discussions to the fish, wildlife, and parks commission for consideration prior to review and approval of the department budget; requiring the fish, wildlife, and parks commission to hold a public hearing prior to approval of the department budget; and amending sections 87-1-201 and 87-1-301, MCA."



Be it enacted by the Legislature of the State of Montana:



Section 1.  Section 87-1-201, MCA, is amended to read:

"87-1-201.   (Temporary) Powers and duties. (1) The department shall supervise all the wildlife, fish, game, game and nongame birds, waterfowl, and the game and fur-bearing animals of the state and may implement voluntary programs that encourage hunting access on private lands and that promote harmonious relations between landowners and the hunting public. It possesses all powers necessary to fulfill the duties prescribed by law and to bring actions in the proper courts of this state for the enforcement of the fish and game laws and the rules adopted by the department.

(2)  The department shall enforce all the laws of the state respecting the protection, preservation, and propagation of fish, game, fur-bearing animals, and game and nongame birds within the state.

(3)  The department has the exclusive power to spend for the protection, preservation, and propagation of fish, game, fur-bearing animals, and game and nongame birds all state funds collected or acquired for that purpose, whether arising from state appropriation, licenses, fines, gifts, or otherwise. Money collected or received from the sale of hunting and fishing licenses or permits, from the sale of seized game or hides, from fines or damages collected for violations of the fish and game laws, or from appropriations or received by the department from any other sources are is appropriated to and under control of the department.

(4)  The department may discharge any appointee or employee of the department for cause at any time.

(5)  The department may dispose of all property owned by the state that is used for the protection, preservation, and propagation of fish, game, fur-bearing animals, and game and nongame birds that is of no further value or use to the state and shall turn over the proceeds from the sale to the state treasurer to be credited to the fish and game account in the state special revenue fund.

(6)  The department may not issue permits to carry firearms within this state to anyone except regularly appointed officers or wardens.

(7)  The department is authorized to make, promulgate, and enforce reasonable rules and regulations not inconsistent with the provisions of chapter 2 that in its judgment will accomplish the purpose of chapter 2.

(8)  The department is authorized to promulgate rules relative to tagging, possession, or transportation of bear within or without the state.

(9) In order to facilitate public awareness of and input regarding the budget process, the department shall hold an annual public meeting in each administrative region as a forum for discussion of the regional budget and goals. The meeting must be advertised in a newspaper of general circulation in the region at least 2 weeks prior to the scheduled meeting in that region. Results of the regional discussions must be reported by the department to the commission for consideration prior to the public hearing preceding the commission's review and approval of the department's budget, as required in 87-1-301. (Terminates October 1, 2001--sec. 18, Ch. 459, L. 1995.)

87-1-201.   (Effective October 1, 2001) Powers and duties. (1) The department shall supervise all the wildlife, fish, game, game and nongame birds, waterfowl, and the game and fur-bearing animals of the state. It possesses all powers necessary to fulfill the duties prescribed by law and to bring actions in the proper courts of this state for the enforcement of the fish and game laws and the rules adopted by the department.

(2)  It The department shall enforce all the laws of the state respecting the protection, preservation, and propagation of fish, game, fur-bearing animals, and game and nongame birds within the state.

(3)  It shall have The department has the exclusive power to spend for the protection, preservation, and propagation of fish, game, fur-bearing animals, and game and nongame birds all state funds collected or acquired for that purpose, whether arising from state appropriation, licenses, fines, gifts, or otherwise. Money collected or received from the sale of hunting and fishing licenses or permits, from the sale of seized game or hides, from fines or damages collected for violations of the fish and game laws, or from appropriations or received by the department from any other sources are is appropriated to and under control of the department.

(4)  It The department may discharge any appointee or employee of the department for cause at any time.

(5)  It The department may dispose of all property owned by the state that is used for the protection, preservation, and propagation of fish, game, fur-bearing animals, and game and nongame birds which that is of no further value or use to the state and shall turn over the proceeds from the sale to the state treasurer to be credited to the fish and game account in the state special revenue fund.

(6)  It The department may not issue permits to carry firearms within this state to anyone except regularly appointed officers or wardens.

(7)  The department is hereby authorized to make, promulgate, and enforce such reasonable rules and regulations not inconsistent with the provisions of chapter 2 as that in its judgment will accomplish the purpose of chapter 2.

(8)  The department is authorized to promulgate rules relative to tagging, possession, or transportation of bear within or without the state.

(9) In order to facilitate public awareness of and input regarding the budget process, the department shall hold an annual public meeting in each administrative region as a forum for discussion of the regional budget and goals. The meeting must be advertised in a newspaper of general circulation in the region at least 2 weeks prior to the scheduled meeting in that region. Results of the regional discussions must be reported by the department to the commission for consideration prior to the public hearing preceding the commission's review and approval of the department's budget, as required in 87-1-301."



Section 2.  Section 87-1-301, MCA, is amended to read:

"87-1-301.   Powers of commission. (1) The commission shall:

(a)  set the policies for the protection, preservation, and propagation of the wildlife, fish, game, furbearers, waterfowl, nongame species, and endangered species of the state and for the fulfillment of all other responsibilities of the department as provided by law;

(b)  establish the hunting, fishing, and trapping rules of the department;

(c)  establish the rules of the department governing the use of lands owned or controlled by the department and waters under the jurisdiction of the department;

(d)  have the power within the department to establish wildlife refuges and bird and game preserves;

(e)  approve all acquisitions or transfers by the department of interests in land or water;

(f)  following a public hearing, review and approve the budget of the department prior to its transmittal to the budget office; and

(g)  review and approve construction projects whose estimated cost is more than $1,000 but less than $5,000.

(2)  The commission may adopt rules regarding the use and type of archery equipment that may be employed for hunting and fishing purposes, taking into account applicable standards as technical innovations in archery equipment change.

(3)  The commission may adopt rules regarding the establishment of special licenses or permits, seasons, conditions, programs, or other provisions that the commission considers appropriate to promote or enhance hunting by Montana's youth."

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