Senate Bill No. 292

Introduced By _______________________________________________________________________________

A Bill for an Act entitled: "An Act addressing budgeting priorities of the department of fish, wildlife, and parks to provide that the department investigate the potential of using fish and game license money to fund any department programs or portions of programs and any programs or portions of programs related to fish and wildlife that are administered by other agencies and entities that are presently funded by other state funding sources and to reprioritize departmental budgeting to fund those programs or portions of programs with license fees whenever the use of license fees will not jeopardize federal funds accruing to the department; requiring a report to the 56th Legislature regarding the budget reprioritization process; and providing an immediate effective date."

WHEREAS, federal law precludes the use of state fish and game license fees to fund state programs under certain circumstances; and

WHEREAS, there may be programs or portions of programs related to fish and wildlife that are administered by the Department of Fish, Wildlife, and Parks that could be funded using state fish and game license fees rather than other state funding sources without jeopardizing federal funds; and

WHEREAS, there may be programs or portions of programs related to fish and wildlife that are administered by the Department of Natural Resources and Conservation, the Department of Environmental Quality, the Department of Transportation, the Department of Livestock, local conservation districts, local water quality districts, and local watershed planning efforts that, with some restructuring if necessary, could be administered in a manner whereby they could be funded using state fish and game license fees rather than other state or local funding sources without jeopardizing federal funds, including but not limited to programs in Title 23, chapter 1, part 1; Title 75, chapter 5, part 1; Title 75, chapter 7, part 1; Title 81, chapter 7, parts 1, 3, 5, and 6; Title 85, chapter 1, parts 1 and 6; and Title 85, chapter 2, parts 1 and 2; and

WHEREAS, identification of those programs or portions of programs and reprioritizing the department budget to fund those programs with license fees would free state funds for use in other state programs.

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

NEW SECTION. Section 1. Identification of programs that may be funded with license fee money -- reprioritization of department budget -- report to legislature. (1) Prior to December 1, 1998, the department shall identify all programs and portions of programs related to fish and wildlife that are administered by the department, the department of natural resources and conservation, the department of environmental quality, the department of transportation, the department of livestock, local conservation districts, local water quality districts, and local watershed planning efforts that use state funding sources or funding sources other than state fish and game license fees and determine whether those programs or portions of programs, with some restructuring if necessary, can be funded through Montana fish and game license fees without jeopardizing federal funds that accrue to the department.

(2) After a program is identified under subsection (1) and a determination is made that federal funding will not be jeopardized, the department shall reprioritize budget spending within its present authority as necessary to substitute fish and game license fees as the program funding source.

(3) Prior to December 1, 1998, the department shall report to the 56th legislature regarding:

(a) the progress of program identification pursuant to subsection (1);

(b) budget adjustments that have been made within present departmental budgeting authority to substitute license fees as a funding source rather than other state funding sources and an accounting of state funds that have been replaced by license fees; and

NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 87, chapter 1, part 6, and the provisions of Title 87, chapter 1, part 6, apply to [section 1].

NEW SECTION. Section 3. Effective date. [This act] is effective on passage and approval.

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