house bill NO. 163

INTRODUCED BY P. Fielder, D. Skees, C. Glimm, B. Brown, J. Hinkle, M. Noland, S. Hinebauch, S. Gunderson, D. Loge, R. Fitzgerald, B. Ler, J. Small, C. Smith

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE MEMBERSHIP OF THE FISH AND WILDLIFE COMMISSION; AND AMENDING SECTION 2-15-3402, MCA."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 2-15-3402, MCA, is amended to read:

"2-15-3402. Fish and wildlife commission. (1) There is a fish and wildlife commission.

(2) (a) The commission consists of five seven members. At least one member must be experienced in the breeding and management of domestic livestock. The governor shall appoint one member from for each of the following districts:

(a) District No. 1, consisting of Lincoln, Flathead, Sanders, Lake, Mineral, Missoula, Powell, Ravalli, Granite, and Lewis and Clark Counties;

(b) District No. 2, consisting of Deer Lodge, Silver Bow, Beaverhead, Madison, Jefferson, Broadwater, Gallatin, Park, and Sweet Grass Counties;

(c) District No. 3, consisting of Glacier, Toole, Liberty, Hill, Pondera, Teton, Chouteau, Cascade, Judith Basin, Fergus, Blaine, Meagher, and Wheatland Counties;

(d) District No. 4, consisting of Phillips, Valley, Daniels, Sheridan, Roosevelt, Petroleum, Garfield, McCone, Richland, Dawson, and Wibaux Counties;

(e) District No. 5, consisting of Golden Valley, Musselshell, Stillwater, Carbon, Yellowstone, Big Horn, Treasure, Rosebud, Custer, Powder River, Carter, Fallon, and Prairie Counties. administrative regions of the department of fish, wildlife, and parks, which are headquartered in the following locations:

(i) Kalispell;

(ii) Missoula;

(iii) Bozeman;

(iv) Great Falls;

(v) Billings;

(vi) Glasgow; and

(vii) Miles City.

(b) (i) To be eligible to serve on the commission, the member must reside in the administrative region the member will represent or within 10 air miles of the region's boundary as it exists on the date the member is appointed.

(ii) If the commission adjusts a region's boundary after a member is appointed so that the member no longer meets the requirements of subsection (2)(b)(i), the member may continue to represent the region until the member's current term expires.

(3) Appointments must be made without regard to political affiliation and must be made solely for the wise management of fish, wildlife, and related recreational resources of this state. A person may not be appointed to the commission unless the person is informed or interested and experienced in the subject of fish, wildlife, and recreation and the requirements for the conservation and protection of fish, wildlife, and recreational resources.

(4) A vacancy occurring on the commission must be filled by the governor in the same manner and from the district administrative region in which the vacancy occurs.

(5) The fish and wildlife commission is designated as a quasi-judicial board for purposes of 2-15-124. Notwithstanding the provisions of 2-15-124(1), the governor is not required to appoint an attorney to serve as a member of the commission."