HOUSE BILL NO. 26

INTRODUCED BY KITZENBERG S

A BILL FOR AN ACT ENTITLED: "AN ACT CREATING THE WARM WATER GAME FISH SURCHARGE AND WARM WATER GAME FISH STAMP THAT WILL ALLOW A LICENSEE TO FISH THROUGHOUT THE STATE FOR WARM WATER GAME FISH; DEDICATING SURCHARGE REVENUE TO THE MULTISPECIES FISH HATCHERY NEAR FORT PECK DAM; CREATING AN ACCOUNT AND PROVIDING FOR ADMINISTRATION OF THE ACCOUNT BY THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS; SUBMITTING THE SURCHARGE TO THE ELECTORATE; AND PROVIDING A CONTINGENT VOIDNESS PROVISION."

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

NEW SECTION. Section 1. Warm water game fish surcharge and stamp -- warm water game fish defined -- account established -- dedication of account revenue to Fort Peck multispecies fish hatchery. (1) A person who is required to be licensed in order to fish in Montana and who desires to fish for warm water game fish shall, upon purchase of a Class A, Class B, Class B-4, or Class A-8 fishing license, pay a warm water game fish surcharge of $5. The surcharge is in addition to the license fee established for each class of license and entitles the holder to fish for warm water game fish as authorized by the department. Payment of the surcharge must be indicated by placement of a warm water game fish stamp on the fishing license.

(2) A warm water game fish stamp expires at the same time as the license to which it is affixed.

(3) Revenue from the warm water game fish surcharge must be placed in the account created in subsection (5) and may be used only for the purposes set out in subsection (7).

(4) As used in this section, "warm water game fish" includes but is not limited to all species of the genera Stizostedion, Esox, Micropterus, and Lota and includes largemouth bass (Micropterus salmoides), smallmouth bass (Micropterus dolomieui), walleye (Stizostedion vitreum), sauger (Stizostedion canadense), black crappie (Pomoxis nigromaculatus), white crappie (Pomoxis annularis), channel catfish (Ictalurus punctatus), yellow perch (Perca flavescens), northern pike (Esox lucius), and tiger muskellunge.

(5) There is an account into which must be deposited:

(a) all proceeds from the warm water game fish surcharge established in subsection (1); and

(b) money received by the department in the form of gifts, grants, reimbursements, or appropriations from any source intended to be used for the Fort Peck multispecies fish hatchery.

(6) The department shall administer the account within the state special revenue fund established in 17-2-102.

(7) Revenue collected under subsection (5) must be used by the department exclusively for the construction, operation, maintenance, and personnel costs of the Fort Peck multispecies fish hatchery established in [section 1 of LC 41], which may include a cost-share agreement with the federal government for construction of the Fort Peck multispecies fish hatchery.

NEW SECTION. Section 2. Submission of surcharge to electorate. This act shall be submitted to the qualified electors of Montana as provided in Title 13, chapter 1, MCA, at the tax election to be held in 1999, by printing on the ballot the full title of this act and the following:

SHALL A NEW TAX, DESCRIBED AS FOLLOWS, BE IMPOSED?

[]	FOR creating the warm water game fish surcharge and dedicating surcharge revenue to the multispecies fish hatchery near Fort Peck dam.

[]	AGAINST creating the warm water game fish surcharge and dedicating surcharge revenue to the multispecies fish hatchery near Fort Peck dam.

NEW SECTION. Section 3. Contingent voidness. If Constitutional Initiative No. 75, enacting Article VIII, section 17, of the Montana constitution, including the provision requiring a public vote on new taxes, is declared invalid, then section 2 of this act is void.

NEW SECTION. Section 4. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 87, chapter 1, part 2, and the provisions of Title 87, chapter 1, part 2, apply to [section 1].

NEW SECTION. Section 5. Coordination instruction. If __Bill No.__ [LC 41] is not passed and approved, then [this act] is void.

- END -