HOUSE BILL NO. 315

INTRODUCED BY B. RANEY, L. GRINDE, J. BOHLINGER, B. CRIPPEN, S. DOHERTY, L. GROSFIELD,

H. HARPER, S. STANG, E. SWANSON

A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING THAT THE FISH, WILDLIFE, AND PARKS COMMISSION RULES PROVIDE FOR THE ESTABLISHMENT OF PRIMITIVE FISHING ACCESS SITES; REQUIRING THAT THE RULES ADDRESS THE SCOPE AND NATURE OF THE DEVELOPMENT ALLOWED AT PRIMITIVE FISHING ACCESS SITES; ELIMINATING USER FEES AT PRIMITIVE FISHING ACCESS SITES FOR A PERSON WHO POSSESSES A VALID STATE PARKS PASSPORT; AMENDING SECTION 23-1-105, MCA; AND PROVIDING AN EFFECTIVE DATE."

WHEREAS, certain Montana fishing access sites still retain their unique, primarily undeveloped character; and

WHEREAS, undeveloped recreational areas require the least amount of state financial support and provide the least opportunity for vandalism; and

WHEREAS, Montana resident per capita income is among the lowest of the 50 states; and

WHEREAS, outdoor activity is one of the primary reasons our citizens live in Montana; and

WHEREAS, the inability to afford to pay user fees keeps many Montanans, especially our young people, from enjoying recreational pursuits on public recreational lands; and

WHEREAS, public fishing access sites are already owned and maintained by the people of Montana; and

WHEREAS, private enterprise is capable and willing to provide additional recreational opportunities, beyond those provided in undeveloped recreation areas, for those who can afford and wish to access those opportunities, thereby providing private sector jobs and revenue to the state in the form of taxes.

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

NEW SECTION. Section 1. Short title. [Sections 1 and 2] may be cited as the "Montana Primitive Fishing Access Site Act".

NEW SECTION. Section 2. Primitive fishing access sites -- rulemaking. (1) Pursuant to the authority provided in 87-1-301, the fish, wildlife, and parks commission may designate certain fishing access sites as primitive fishing access sites. The rules must require that the primitive fishing access sites designated by the commission may not be developed beyond what is necessary to maintain the site for public use. The rules must specifically prohibit the new development or new installation of:

(a) fencing of the perimeter unless it is necessary for the security of the site or for preventing conflicts near the site;

(b) access roads beyond those that are maintained to prevent degradation of the site and provide reasonable and safe vehicular access;

(c) paved roads or parking areas;

(d) signs beyond those that are necessary to provide directions from the nearest public road and those that provide regulation, public safety, or interpretive information;

(e) latrines unless determined necessary for health or sanitation as determined by the regional park manager or county sanitarian;

(f) potable water stations;

(g) boat ramps larger than a single lane;

(h) camping or picnic areas; and

(i) barriers beyond those necessary to prevent unauthorized off-road travel.

(2) The rules may allow for replacement of existing facilities and maintenance of existing improvements.

Section 3. Section 23-1-105, MCA, is amended to read:

"23-1-105. Fees and charges. (1) The department may levy and collect reasonable fees or other charges for the use of privileges and conveniences as may be provided and to grant concessions as it considers advisable, except as provided in subsections (2) and (5). All money derived from the activities of the department must be deposited in the state treasury in a state special revenue fund to the credit of the department.

(2) Overnight camping fees established by the department under subsection (1) must be discounted 50% for a campsite rented by a person who is a resident of Montana, as defined in 87-2-102, and either 62 years of age or older or certified as disabled in accordance with rules adopted by the department.

(3) For a violation of any fee collection rule involving a vehicle, the registered owner of the vehicle at the time of the violation is personally responsible if an adult is not in the vehicle at the time the violation is discovered by an authorized officer. A defense that the vehicle was driven into the fee area by another person is not allowable unless it is shown that at that time the vehicle was being used without the consent of the registered owner.

(4) Money received from the collection of fees and charges is not subject to the deposit requirements of 17-6-105. The department shall deposit money collected under this section within a reasonable time after receipt.

(5) A person who possesses a valid state parks passport is not required to pay a fee for noncommercial day use or for camping at any primitive fishing access site designated pursuant to [section 2]."

NEW SECTION. Section 4. Codification instruction. [Sections 1 and 2] are intended to be codified as an integral part of Title 23, chapter 1, part 1, and the provisions of Title 23, chapter 1, part 1, apply to [sections 1 and 2].

NEW SECTION. Section 5. Effective date. [This act] is effective July 1, 1999.

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