HOUSE BILL NO. 411
INTRODUCED BY GALLUS, BARRETT, R. BROWN, COHENOUR, CYR, FACEY, FUCHS, HARRINGTON, KEANE, KEENAN, LANGE, LASLOVICH, MCCARTHY, ROME, SHEA, TESTER, F. THOMAS, WAGMAN, GOLIE, ROBERTS
AN ACT PROVIDING FOR THE TRANSFER OF RIVER-USE DAYS TO THE NEW OWNER OF A FISHING OUTFITTER BUSINESS; AMENDING SECTION 37-47-310, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 37-47-310, MCA, is amended to read:
"37-47-310. Transfer or amendment of outfitter's license -- transfer of river-use days to new owner of fishing outfitter business. (1) An outfitter's license may not be transferred during any license year.
(2) An individual person may, upon proper showing, have that person's outfitter's license amended to indicate that the license is being held for the use and benefit of a named proprietorship, partnership, or corporation.
(3) Subject to approval by the board, an immediate member of the family of a deceased licensed outfitter may continue to outfit for the deceased outfitter's unexpired license year or until the heirs or personal representative of the estate sells the outfitting business or obtains relicensure of the business.
(4) When a fishing outfitter's business is sold or transferred in its entirety, any river-use days that have been allocated to that fishing outfitter through the fishing outfitter's historic use of or activities on restricted-use streams are transferable to the new owner of the fishing outfitter's business. Upon the sale or transfer of a fishing outfitter's business, the outfitter who sells or transfers the business shall notify the new owner that the use of any transferred river-use days is subject to change pursuant to rules adopted by the fish, wildlife, and parks commission and that no property right attaches to the transferred river-use days."
Section 2. Effective date. [This act] is effective on passage and approval.
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Version of HB 411 (HB0411.ENR)
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