HOUSE BILL NO. 291

INTRODUCED BY H. HARPER

A BILL FOR AN ACT ENTITLED: "AN ACT ESTABLISHING AN ETHICS EDUCATION PILOT PROGRAM FOR INDIVIDUALS WHOSE HUNTING OR FISHING LICENSES HAVE BEEN SUSPENDED OR REVOKED, WHO INJURE PERSONS OR PROPERTY IN STATE PARKS OR ON STATE LANDS, WHO COMMIT THE OFFENSE OF CRIMINAL TRESPASS, OR WHO NEGLIGENTLY OR RECKLESSLY OPERATE A MOTORBOAT; ALLOWING A SENTENCING COURT TO ORDER PUBLIC COMMUNITY SERVICE IN ADDITION TO OTHER FINES AND PENALTIES; REQUIRING THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS TO DEVELOP RULES GOVERNING ADMINISTRATION OF THE PROGRAM; REQUIRING THAT A COURSE BE COMPLETED BEFORE A LICENSE MAY BE REISSUED; REQUIRING THE DEPARTMENT TO EVALUATE THE PILOT PROGRAM AND REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE 2001 LEGISLATURE; AND PROVIDING EFFECTIVE DATES AND A TERMINATION DATE."

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

NEW SECTION. Section 1. Ethics education pilot program -- rulemaking -- sentencing. (1) The department shall:

(a) develop and implement rules to establish and administer an education pilot program for:

(i) hunting and fishing law violators whose offenses have resulted in suspension or revocation of their licenses;

(ii) violators who injure persons or property in state parks and on state lands;

(iii) violators convicted of criminal trespass; and

(iv) violators who negligently or recklessly operate a motorboat;

(b) ensure that the rules adopted to implement subsection (1)(a):

(i) establish curriculum standards and a means of certifying the schools that will conduct a course under the administration of the department;

(ii) demonstrate an effective way to track violators who are sentenced to complete the course; and

(iii) establish guidelines for the treatment, including as a possibility lifetime revocation of license privileges, of a violator who has completed the course and is subsequently convicted of another offense resulting in the suspension or revocation of license privileges;

(c) administer the pilot program and either conduct the course with its own resources or designate private entities to develop the course curriculum and conduct the course;

(d) establish certification requirements for the private entities;

(e) ensure that a course conducted pursuant to this section is not part of or taught in conjunction with the safety education courses conducted pursuant to 87-2-105; and

(f) evaluate the effectiveness of the pilot program and report its findings and recommendations to the 2001 legislature.

(2) Upon notification by the department that the education course is developed and operational, a court shall require as part of a sentence for the violators listed in subsections (1)(a)(i) through (1)(a)(iv):

(a) completion of the course before any of the violator's license privileges may be reinstated;

(b) the posting of a bond to ensure that the violator participates in the course; and

(c) payment of a reasonable fee by the violator to cover the cost of attending the course.

(3) The court may also include in the sentencing order a condition that a violator sentenced under subsection (2) shall perform a designated number of hours of public community service. Whenever possible, the public service must be of a nature that reminds the violator of the effects of the crime and that mitigates those effects to the extent possible.

(4) If the violator whose hunting or fishing license is suspended or revoked is not a resident of the state of Montana, the sentencing court shall require the person to complete a similar ethics education course in the violator's state of residence. If a similar course does not exist in the violator's state of residence, the person shall complete Montana's course before a Montana hunting or fishing license may be reissued.

(5) This section does not intend to allow for reissuance of any licenses to a person whose hunting or fishing privileges have been revoked for life.

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

NEW SECTION. Section 3. Effective dates. (1) Except as provided in subsection (2), [this act] is effective October 1, 1999.

(2) [Section 1(1) and this section] are effective on passage and approval.

NEW SECTION. Section 4. Termination. [This act] terminates October 1, 2003.

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