SENATE BILL NO. 392

INTRODUCED BY R. HOLDEN

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE STATEWIDE PREDATOR BOUNTY PROGRAM ADMINISTERED COOPERATIVELY BETWEEN THE DEPARTMENT OF LIVESTOCK AND THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS; PROVIDING FUNDING FOR THE DEPARTMENT OF LIVESTOCK BOUNTY PROGRAM FROM A PER CAPITA TAX ON CATTLE AND SHEEP; PROVIDING FUNDING FOR THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS BOUNTY PROGRAM FROM AN INCREASE IN THE FEE FOR A WILDLIFE CONSERVATION LICENSE; INCREASING THE FEE THAT A BOUNTY INSPECTOR MAY COLLECT FOR EXAMINING A SKIN OR CARCASS; REVISING THE TIME PERIOD DURING WHICH BOUNTY CLAIMS MAY BE PAID; PROVIDING A CONTINGENT VOIDNESS PROVISION; AMENDING SECTIONS 15-24-922, 81-7-104, 81-7-105, 81-7-111, 81-7-112, 81-7-113, 81-7-114, 81-7-117, 81-7-118, 81-7-120, 81-7-122, AND 87-2-202, MCA; REPEALING SECTIONS 81-7-115 AND 81-7-116, MCA; AND PROVIDING EFFECTIVE DATES AND A TERMINATION DATE."

WHEREAS, high coyote populations have resulted in the killing of disproportionate numbers of wildlife, thereby reducing the number of animals available for hunters; and

WHEREAS, high coyote populations have also resulted in the killing of Montana livestock, thereby reducing farm and ranch income and state per capita tax revenue.

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

Section 1. Section 15-24-922, MCA, is amended to read:

"15-24-922. Board of livestock to prescribe per capita levy -- refunds -- per capita levy on average inventory. (1) The board of livestock shall annually prescribe the amount of the per capita levy to be made against livestock of all classes for the purpose indicated in 15-24-921.

(2) The per capita tax levy must be calculated each year to provide not more than 110% of the average annual revenue that was generated in the 3 previous years. The calculation must apply a reasonable factor for nonpayment and late payment of taxes and for reimbursement to the counties pursuant to 15-24-925 for collection of the levy.

(3) (a) A livestock owner taxed under 15-24-920 is entitled to a refund of the per capita levy collected under 15-24-921 based on the number of months the livestock have taxable situs in the state. The amount of the refund is equal to the ratio of the number of months that the livestock do not have taxable situs in the state to the number of months in the tax year, multiplied by the original per capita levy due. A taxpayer shall apply to the board of livestock on a form prescribed by the board for a refund allowed under this subsection by January 31 following the taxable year. The application must include a statement showing the date when the livestock were moved out of the state.

(b) Except as provided in subsection (3)(c), for the purposes of 15-24-921 and this section, the per capita levy may not be prorated.

(c) A taxpayer whose livestock are taxed on the average inventory basis for property tax purposes must also be taxed on an average inventory basis for the purposes of 15-24-921 and this section. All other livestock subject to the per capita tax levy must be reported on February 1 of each year.

(4) In addition to other per capita tax levies assessed pursuant to this section, the board of livestock shall also assess a per capita tax on cattle and sheep in the following amounts and allocate that assessment for the payment of bounties on predators, as provided in 81-7-104:

(a) a tax of $.022 on each head of cattle subject to the per capita tax; and

(b) a tax of $.025 on each head of sheep subject to the per capita tax."

Section 2. Section 81-7-104, MCA, is amended to read:

"81-7-104. (Temporary) Predator control moneys -- use of proceeds. (1) The department of livestock shall allocate a portion of the money from the levy under 15-24-921 and the per capita tax under 15-24-922(4) for the purpose of protecting livestock in the state against destruction, depredation, and injury by wild animals, whether the livestock is on lands in private ownership, in the ownership of the state, or in the ownership of the United States, including open ranges and all lands in or of the public domain. This protection may be by any means of effective predatory animal destruction, extermination, and control, including systematic hunting and trapping and payment of bounties.

(2) Money must be paid out only on claims duly and regularly presented to the department of livestock between March 1 and November 30 of any year and approved by the department in accordance with the law applicable either to claims for bounties or for other expenditures necessary and proper for predatory animal control by means and methods other than payment of bounties, as determined by the department. Money designated for predator control must be available for the payment of bounty claims and for expenditures for planned, seasonal, or other campaigns directed or operated by the department in cooperation with other agencies for the systematic destruction, extermination, and control of predatory wild animals, as determined by the department and its advisory committee. Claims may not be approved in excess of money available for those purposes, and warrants may not be registered against the money.

81-7-104. (Effective on occurrence of contingency) Predator control money -- use of proceeds. (1) The department of livestock shall allocate a portion of the money from the levy under 15-24-921 and the per capita tax under 15-24-922(4) for the purpose of protecting livestock in the state against destruction, depredation, and injury by predatory animals, whether the livestock is on lands in private ownership, in the ownership of the state, or in the ownership of the United States, including open ranges and all lands in or of the public domain. This protection may be by any means of effective predatory animal destruction, extermination, and control, including systematic hunting and trapping and payment of bounties.

(2) Money must be paid out only on claims duly and regularly presented to the department of livestock between March 1 and November 30 of any year and approved by the department in accordance with the law applicable either to claims for bounties or for other expenditures necessary and proper for predatory animal control by means and methods other than payment of bounties, as determined by the department. Money designated for predator control must be available for the payment of bounty claims and for expenditures for planned, seasonal, or other campaigns directed or operated by the department in cooperation with other agencies for the systematic destruction, extermination, and control of predatory animals, as determined by the department and its advisory committee. Claims may not be approved in excess of money available for those purposes, and warrants may not be registered against the money."

Section 3. Section 81-7-105, MCA, is amended to read:

"81-7-105. Disposition of proceeds from sale of skins, hides, and specimens -- presenting to museums. Furs, skins, and specimens taken by hunters or trappers may be sold by the department. The proceeds from the sales must be credited to the state special revenue fund. The proceeds must be used to carry out the provisions of 81-7-101 through 81-7-105. Specimens may be presented free of charge to a state museum or institution."

Section 4. Section 81-7-111, MCA, is amended to read:

"81-7-111. Evidence of killing by bounty claimant -- method of bounty payment. (1) Any Montana resident who kills a predatory animal, except a mountain lion, to obtain a bounty shall within 30 days of the date of the killing:

(a) exhibit the entire skin or carcass of the animal, including the entire head with ears, to the bounty inspector nearest to the locality in which the animal was killed; and

(b) at the same time file with the bounty inspector an affidavit setting forth:

(i) that the resident killed the animal from which the skin was taken in Montana;

(ii) that the animal was killed nearer to or, if more than one hide or carcass is presented, that the greater number of animals were killed nearer to the residence of the bounty inspector to which the animals are being presented than to any other bounty inspector; and

(iii) the resident's post office address and the county or counties in which the animals were killed.

(2) Any person killing a mountain lion to obtain a bounty shall present the mountain lion to a bounty inspector as provided in this section, except that, in addition to the requirements of this section, the skin of a mountain lion must also contain the entire skin of the lower jaw, which must be severed by the bounty inspector and treated in the same manner as the skins of other animals subject to this section.

(3) Every bounty inspector appointed under the provisions of 81-7-111 through 81-7-114, 81-7-117, 81-7-118, and 81-7-120 through 81-7-122 is empowered to administer oaths to persons making the affidavit required by this section.

(4) Employees of a government trapping program or wildlife services department acting in their official capacity are not entitled to collect bounty payments pursuant to 81-7-111 through 81-7-114, 81-7-117, 81-7-118, and 81-7-120 through 81-7-122."

Section 5. Section 81-7-112, MCA, is amended to read:

"81-7-112. Bounty inspectors. The sheriff of a county and undersheriffs and deputy sheriffs shall receive and examine skins or carcasses presented for bounty in their respective counties. The sheriff shall receive 50 cents for each skin or carcass examined, this amount must be paid by the owner of the skin or carcass."

Section 6. Section 81-7-113, MCA, is amended to read:

"81-7-113. Claim for bounty. (1) A sheriff, undersheriff, and deputy sheriff, to prevent fraud, shall carefully examine each skin or carcass presented. If the examination discloses that the scalp and ears with the skin from the entire head of the animal have not been severed, punched, patched, or marked, the sheriff, undersheriff, and deputy sheriff shall, in the presence of the person presenting the skin or carcass, mark the skin or carcass by severing the skin from part of the head, including the ears, and then redeliver the skin to the person presenting it and shall require an affidavit from the claimant that the claimant killed the animal as provided in 81-7-111. The affidavit must be on forms prescribed by the department and contain information the department requires.

(2) The officer may require affidavits from two resident taxpayers residing in the vicinity in which the animal was killed, setting forth that they are resident taxpayers on livestock, giving their post-office addresses, and stating that they are personally acquainted with the person presenting the skin or carcass and, to their knowledge, the person did kill the animal from which the skin was taken within 30 days preceding the offering of the skin or carcass for a bounty to the sheriff, undersheriff, or deputy sheriff to which it is presented. A taxpayer who makes a false certificate or affidavit under this section in a material portion is guilty of a felony, punishable the same as for the crime of perjury."

Section 7. Section 81-7-114, MCA, is amended to read:

"81-7-114. Certificate and record of sheriff. (1) Upon receiving the affidavit required pursuant to 81-7-111 and, when applicable, under 81-7-113, the officer shall deliver to the person claiming a bounty a certificate addressed to the department in Helena, showing the date, number, and kind of skins marked for severing and the name of the person presenting the skins or carcasses. The certificate may also recite that the filing of the affidavits of taxpayers required by 81-7-113 has been done and the examination of the skins or carcasses has been made as required. The certificate must be signed by the officer in the officer's official capacity. The person claiming the bounty must mail the certificate to the department in Helena for a bounty payment. Each sheriff shall keep a record of all skins or carcasses marked and severed, showing the date, number, and kinds and the names of the persons presenting the skins or carcasses. This record is an official record.

(2) The sheriff shall, not later than the 15th of each month, give to the department a report setting forth the names of the persons presenting skins or carcasses, with the number of the certificate and the kind and number of the skins or carcasses presented. The sheriff shall report for each certificate issued during the months of March through November."

Section 8. Section 81-7-117, MCA, is amended to read:

"81-7-117. Department to examine claims and certificates -- approval or disapproval of claims. The department shall examine and investigate every bounty claim and certificate filed with the department. When it makes the examination and investigation, the department may require the holder of a certificate or claim to furnish the department with the additional evidence or proof about the certificate or claim which the department considers necessary. The evidence may be either oral or documented, as required by the department. The department shall, after making the examination and investigation, endorse on the certificate or claim its approval or disapproval of it, and if the certificate or claim or any part of it is disapproved, the endorsement shall state the reasons for the disapproval. If a certificate or claim is approved, it must be processed as provided by law. The department shall pay the bounty claimant $20 for each approved certificate or claim."

Section 9. Section 81-7-118, MCA, is amended to read:

"81-7-118. (Temporary) Levy of tax for purpose of paying bounty claims -- limitation on levy. The county treasurer of each county shall collect the levies made against livestock pursuant to 15-24-922 for paying for the destruction of predatory animals killed in this state. The tax in any 1 year may not exceed 7.5 mills on the taxable value of the livestock plus the per capita tax collected pursuant to 15-24-922(4). The money received must be used only for the payment of claims approved by the department for the destruction of wild animals and for the administration of 81-7-111 through 81-7-114, 81-7-117, 81-7-118, and 81-7-120 through 81-7-122. The money received for the taxes levied must be sent annually with other taxes to the state treasurer by the county treasurer of each county. When the money is received by the state treasurer, it must be placed in the state special revenue fund and may then be paid out on claims approved under the law governing the payment of claims.

81-7-118. (Effective on occurrence of contingency) Levy of tax for purpose of paying bounty claims -- limitation on levy. The county treasurer of each county shall collect the levies made against livestock pursuant to 15-24-922 for paying for the destruction of predatory animals killed in this state. The tax in any 1 year may not exceed 7.5 mills on the taxable value of the livestock plus the per capita tax collected pursuant to 15-24-922(4). The money received must be used only for the payment of claims approved by the department for the destruction of predatory animals and for the administration of 81-7-111 through 81-7-114, 81-7-117, 81-7-118, and 81-7-120 through 81-7-122. The money received for the taxes levied must be sent annually with other taxes to the state treasurer by the county treasurer of each county. When the money is received by the state treasurer, it must be placed in the state special revenue fund and may then be paid out on claims approved under the law governing the payment of claims."

Section 10. Section 81-7-120, MCA, is amended to read:

"81-7-120. Use of funds remaining after payment of bounties -- sale of furs, skins, and specimens -- presentation to museums. (1) If, at the end of a bounty paying season, there is surplus money available for the administration of 81-7-111 through 81-7-114, 81-7-117, 81-7-118, and 81-7-120 through 81-7-122, the surplus may be used to hire salaried hunters and trappers to hunt and trap predatory animals, to purchase and supply poison to be used for a poison campaign on predatory animals, applied to payment of bounties during the subsequent bounty paying season, or to contract with a wildlife services department for predator control activities.

(2) All furs, skins, and specimens taken by hunters or trappers whose salaries are paid in whole or in part out of this money must be sold by the department, and the proceeds from these sales must be credited to the state special revenue fund. These funds must be used to carry out 81-7-111 through 81-7-114, 81-7-117, 81-7-118, and 81-7-120 through 81-7-122. Specimens may be presented free of charge to a state museum or institution."

Section 11. Section 81-7-122, MCA, is amended to read:

"81-7-122. Penalty for fraudulent claims. A person who patches up a skin, scalp, or carcass, who presents a punched or patched skin or scalp, or who brings in any skin or carcass from other states or territories with the intent to fraudulently obtain a bounty or an officer who signs a certificate without first counting and examining the skins or carcasses to determine the kind of skins or carcasses and to see that the skin from the scalp or head is properly severed and preserved or a person who evades or violates any provision of law of the state of Montana relative to bounties or bounty claims shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding $1,000 or by imprisonment in the county jail not exceeding 1 year or both. Two-thirds of the fine must be given to the person, if any, reporting the evasion or violation and the balance must be deposited in the state special revenue fund and used for the administration of 81-7-111 through 81-7-114, 81-7-117, 81-7-118, and 81-7-120 through 81-7-122."

Section 12. Section 87-2-202, MCA, is amended to read:

"87-2-202. Application -- fee -- expiration. (1) A wildlife conservation license must be sold upon written application. The application must contain the applicant's name, age, occupation, street address of permanent residence, mailing address, qualifying length of time as a resident in the state of Montana, and status as a citizen of the United States or as an alien and must be signed by the applicant. The applicant shall present a valid Montana driver's license, a Montana driver's examiner's identification card, or other identification specified by the department to substantiate the required information when applying for a wildlife conservation license. It is the applicant's burden to provide documentation establishing the applicant's identity and qualifications to purchase a wildlife conservation license. It is unlawful and a misdemeanor for a license agent to sell a wildlife conservation license to an applicant who fails to produce the required identification at the time of application for licensure.

(2) Hunting, fishing, or trapping licenses issued in a form determined by the department must be recorded according to rules that the department may prescribe.

(3) (a) Resident wildlife conservation licenses may be purchased for a fee of $4.25.

(b) Nonresident wildlife conservation licenses may be purchased for a fee of $5.25.

(4) Licenses issued are void after the last day of February next succeeding their issuance.

(5) Of the license fees assessed under this section, 25 cents from each license sold must be deposited in the special revenue fund to the credit of the department for the cooperative predatory animal control program conducted in conjunction with the department of livestock pursuant to 81-7-102."

NEW SECTION. Section 13. Repealer. Sections 81-7-115 and 81-7-116, MCA, are repealed.

NEW SECTION. Section 14. Contingent voidness. If Constitutional Initiative No. 75, enacting Article VIII, section 17, of the Montana constitution, is not declared invalid, then this act is void.

NEW SECTION. Section 15. Effective dates. (1) Except as provided in subsection (2), [this act] is effective October 1, 1999.

(2) [Section 11] is effective March 1, 2000.

NEW SECTION. Section 16. Termination. [This act] terminates March 1, 2002.

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