HOUSE BILL NO. 157
INTRODUCED BY HAINES
BY REQUEST OF THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS
AN ACT REPEALING THE REQUIREMENT FOR PROCUREMENT AND SALE OF ARTWORK FOR A MIGRATORY BIRD STAMP; REQUIRING THAT FUNDS RECEIVED FROM THE SALE OF MIGRATORY GAME BIRD LICENSES BE EXPENDED FOR THE PROTECTION, CONSERVATION, AND DEVELOPMENT OF WETLANDS IN MONTANA; PROVIDING THAT MIGRATORY GAME BIRD HUNTERS MUST BE REPRESENTED ON THE ADVISORY COUNCIL THAT REVIEWS PROPOSALS FOR EXPENDITURE OF THE FUNDS; AMENDING SECTIONS 2-15-3405, 87-1-601, AND 87-2-411, MCA; REPEALING SECTION 87-2-412, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 2-15-3405, MCA, is amended to read:
"2-15-3405. Appointment of wetlands protection advisory council. (1) The director of fish, wildlife, and parks shall appoint an advisory council pursuant to 2-15-122 to review proposals developed by the department of fish, wildlife, and parks which that involve the use of money received by the department under 87-2-412 87-2-411 for the protection, conservation, and development of wetlands in Montana.
(2) Members must be appointed to the advisory council who represent Montana sportsmen migratory game bird hunters, nonconsumptive users of wildlife, and the agricultural industry."
Section 2. Section 87-1-601, MCA, is amended to read:
"87-1-601. Use of fish and game money. (1) (a) Except as provided in subsection (7), all money collected or received from the sale of hunting and fishing licenses or permits, from the sale of seized game or hides, from damages collected for violations of the fish and game laws of this state, or from appropriations or received by the department from any other state source must be turned over to the department of revenue and placed in the state special revenue fund to the credit of the department.
(b) Any money received from federal sources must be deposited in the federal special revenue fund to the credit of the department.
(c) All interest earned on money from the following sources must be placed in the state special revenue fund to the credit of the department:
(i) the general license account;
(ii) the license drawing account;
(iii) accounts established to administer the provisions of 87-1-246, 87-1-258, 87-1-605, 87-2-412 87-2-411, 87-2-722, and 87-2-724; and
(iv) money received from the sale of any other hunting and fishing license.
(2) The Except as provided in 87-2-411, the money described in subsection (1) must be exclusively set apart and made available for the payment of all salaries, per diem, fees, expenses, and expenditures authorized to be made by the department under the terms of this title. The money described in subsection (1) must be spent for those purposes by the department, subject to appropriation by the legislature.
(3) Any reference to the fish and game fund in this code means fish and game money in the state special revenue fund and the federal special revenue fund.
(4) Except as provided in subsections (7) and (8), all money collected or received from fines and forfeited bonds, except money collected or received by a justice's court, that relates to violations of state fish and game laws under Title 87 must be deposited by the department of revenue and credited to the department in a state special revenue fund account for this purpose. Out of any fine imposed by a court for the violation of the fish and game laws, the costs of prosecution must be paid to the county where the trial was held in any case in which the fine is not imposed in addition to the costs of prosecution.
(5) (a) Money must be deposited in an account in the permanent fund if it is received by the department from:
(i) the sale of surplus real property;
(ii) exploration or development of oil, gas, or mineral deposits from lands acquired by the department except royalties or other compensation based on production; and
(iii) leases of interests in department real property not contemplated at the time of acquisition.
(b) The interest derived from the account, but not the principal, may be used only for the purpose of operation, development, and maintenance of real property of the department and only upon appropriation by the legislature. If the use of money as set forth in this section would result in violation of applicable federal laws or state statutes specifically naming the department or money received by the department, then the use of this money must be limited in the manner, method, and amount to those uses that do not result in a violation.
(6) Money received from the collection of license drawing applications is not subject to the deposit requirements of 17-6-105. The department shall deposit license drawing application money within a reasonable time after receipt.
(7) Money collected or received from fines or forfeited bonds for the violation of 77-1-801, 77-1-806, or rules adopted under 77-1-804 must be deposited in the state general fund.
(8) The department of revenue shall deposit in the state general fund one-half of the money received from the fines pursuant to 87-1-102."
Section 3. Section 87-2-411, MCA, is amended to read:
"87-2-411. License required to hunt migratory game birds -- fees -- disposition of proceeds. (1) It is unlawful for any A person 16 years of age or older to may not hunt migratory game birds without first having obtained a valid migratory bird license from the department. The fee for a resident to purchase the license is $5. The fee for a nonresident to purchase the license is $50.
(2) Money received from the sale of migratory game bird licenses must be deposited in an account in the state special revenue fund for the use of the department and may be expended only for the protection, conservation, and development of wetlands in Montana."
Section 4. Repealer. Section 87-2-412, MCA, is repealed.
Section 5. Effective date. [This act] is effective on passage and approval.
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