House Bill No. 278
Introduced By _______________________________________________________________________________
A Bill for an Act entitled: "An Act allowing counties to retain 100 percent of the money received by the county for issuing county licenses; revising the allocation of fee money for predator control; amending sections 7-21-2105, 81-7-111, 81-7-114, 81-7-118, 81-7-120, 81-7-121, and 81-7-122, MCA; and repealing section 81-7-119, MCA."
Be it enacted by the Legislature of the State of Montana:
Section 1. Section 7-21-2105, MCA, is amended to read:
"7-21-2105. Disbursement of license fees.
(1) Unless the disposition is otherwise provided for, all All money collected
by the county treasurer for licenses issued by the county under this chapter must be paid into the treasury of the county for
the use of the county. (2) Unless otherwise provided, the county treasurer shall retain 50% thereof for the use of the county, pay over 45%
thereof to the state treasurer for the use of the general fund of the state, and pay over 5% thereof to the state treasurer for
deposit in the state special revenue fund to be used by the board of livestock for predatory animal control."
Section 2. Section 81-7-111, MCA, is amended to read:
"81-7-111. Evidence of killing by bounty claimant. (1) Any person killing
any of the aforesaid animals a predatory
animal, except a mountain lions lion, to obtain a bounty thereon shall within 30 days of the date of the killing:
(a) exhibit the entire skin
or skins of the said animal or animals, including the entire head with ears, the tail, and all four
paws, to the bounty inspector nearest to the locality in which the animal or animals were was killed; and
(b) at the same time file with the bounty inspector
, as hereinafter provided, an affidavit setting forth:
he the person killed the animal or animals from which the skin or skins were was taken;
(ii) that the
same animal was killed nearer to or, if more than one hide is presented, that the greater number of animals were
killed nearer to the residence of the said bounty inspector to which the same was animals are being presented than to any
other bounty inspector; and
(iii) the county or counties in which
said the animals were killed.
(2) Any person killing
any a mountain lion to obtain a bounty thereon shall present the same mountain lion to a bounty
inspector as provided in this section for wolves and coyotes, except that, in addition to the requirements of this section, the
skins skin of a mountain lions lion shall must also contain the entire skin of the lower jaw, which shall must be severed by
the bounty inspector and thereafter treated in the same manner as scalps of wolves and coyotes herein provided the skins of
other animals subject to this section.
(3) Every bounty inspector appointed under the provisions of 81-7-111 through
81-7-122 81-7-118 and 81-7-120 through
81-7-122 shall be is empowered to administer oaths to any and all persons making any the affidavit as aforesaid required by
Section 3. 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 81-7-113, the
officer shall at the same time make out and deliver to the person claiming a bounty a certificate addressed to the county
clerk of his the officer's county and immediately deliver to the county clerk a duplicate of the certificate, showing the date,
number, and kind of skins marked for severing and the name of the person presenting the skins. The certificate shall must
also recite that the filing of the affidavits of taxpayers previously required by 81-7-113 has been done and the examination
of the skins has been made as required. The certificate shall must be signed by the officer in his the officer's official
capacity. When a doubt exists as to the kind of skin presented, whether wolf or coyote, the certificate shall must be issued
for the lesser bounty. Each sheriff shall keep a record of all skins marked and severed, showing the date, number, and kinds
and the names of the persons presenting the skins. This record is an official record. The sheriff, undersheriff, or deputy
sheriff may not perform any duties under 81-7-111 through 81-7-122 81-7-118 and 81-7-120 through 81-7-122 except at
the county seat.
(2) The sheriff shall, not later than the 15th of each month, give to the county clerk and recorder a report setting forth the
names of the persons presenting skins, with the number of the certificate and the kind and number of the skins presented.
The sheriff shall report for each certificate
which he has issued during the month."
Section 4. 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 department of
revenue shall annually prescribe the levy recommended by the department to be made against livestock of all classes for
paying for the destruction of wild animals killed in this state. The tax in any 1 year may not exceed 7.5 mills on the taxable
value of the livestock. The money received
shall 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 81-7-122 81-7-118 and 81-7-120 through
81-7-122. The money received for the taxes levied shall 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 shall 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 department of revenue shall annually prescribe the levy recommended by the department to be made against
livestock of all classes 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. 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
81-7-122 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 5. 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
81-7-122 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 and to purchase and supply poison to be used for a poison campaign on predatory animals.
(2) All furs, skins, and specimens taken by hunters or trappers whose salaries are paid in whole or in part out of this money
shall must be sold by the department, and the proceeds from these sales shall must be credited to the state special revenue
fund. These funds shall must be used to carry out 81-7-111 through 81-7-122 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 6. Section 81-7-121, MCA, is amended to read:
"81-7-121. Falsifying certificates or affidavits -- penalty.
Any A person who falsely makes, alters, forges, or
counterfeits any of the certificates or orders and any person who falsely swears to any affidavit provided for by 81-7-111
through 81-7-122 81-7-118 and 81-7-120 through 81-7-122 or procures the same act to be done by another, with the intent
of obtaining any one of the certificates or orders, is punishable as provided in Title 45."
Section 7. Section 81-7-122, MCA, is amended to read:
"81-7-122. Penalty for fraudulent claims.
Any A person or persons who shall patch patches up any a skin or scalp or
who shall present presents any a punched or patched skin or scalp or who shall bring brings in any skin or skins from other
states or territory territories with the intent to fraudulently obtain the a bounty on the same fraudulently or any an officer
who shall sign any signs a certificate herein provided for without first counting the skins and examining the same skins to
determine the kind of skins and to see that the skin from the scalp or head is properly severed and preserved as hereinbefore
provided or a person who shall evade or violate evades or violates any provision of any law of the state of Montana relative
to bounties or bounty claims shall be deemed guilty of a misdemeanor and , on upon conviction thereof, shall be punished
by a fine not exceeding $1,000 or by imprisonment in the county jail not exceeding 1 year or by both such fine and
imprisonment and. two-thirds Two-thirds of the fine , if the same be collected or can be collected, shall must be given to the
informer 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 81-7-122 81-7-118 and 81-7-120 through 81-7-122."
NEW SECTION. Section 8. Repealer. Section 81-7-119, MCA, is repealed.