House Bill No. 547

Introduced By rehbein, halligan, brooke, denny, squires, jore, orr, carey, harrington, mccann, marshall, grimes, waterman, cobb, kottel, wells, mcculloch, baer, brainard

A Bill for an Act entitled: "An Act requiring that the proceeds, LESS COSTS, from the sale of property GAME ANIMAL MEAT seized from a person found guilty of illegally killing a wild animal or game animal be statutorily appropriated to the department of public health and human services for the purposes of awarding grants to entities representing THE Montana food banks BANK NETWORK; requiring that meat from an illegally taken game animal seized by game wardens be either donated directly to entities representing food banks THE MONTANA FOOD BANK NETWORK OR PUBLIC OR CHARITABLE INSTITUTIONS or sold, with the proceeds, LESS COSTS, going to the department of public health and human services; and amending sections 17-7-502, 87-1-506, and 87-1-513, MCA."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 17-7-502, MCA, is amended to read:

"17-7-502.   Statutory appropriations -- definition -- requisites for validity. (1) A statutory appropriation is an appropriation made by permanent law that authorizes spending by a state agency without the need for a biennial legislative appropriation or budget amendment.

(2)  Except as provided in subsection (4), to be effective, a statutory appropriation must comply with both of the following provisions:

(a)  The law containing the statutory authority must be listed in subsection (3).

(b)  The law or portion of the law making a statutory appropriation must specifically state that a statutory appropriation is made as provided in this section.

(3)  The following laws are the only laws containing statutory appropriations: 2-9-202; 2-17-105; 2-18-812; 3-5-901; 5-13-403; 10-3-203; 10-3-310; 10-3-312; 10-3-314; 10-4-301; 15-1-111; 15-23-706; 15-30-195; 15-31-702; 15-37-117; 15-38-202; 15-65-121; 15-70-101; 16-1-404; 16-1-410; 16-1-411; 16-11-308; 17-3-106; 17-3-212; 17-5-404; 17-5-424; 17-5-804; 17-6-101; 17-6-201; 17-7-304; 18-11-112; 19-2-502; 19-6-709; 19-9-1007; 19-17-301; 19-18-512; 19-18-513; 19-18-606; 19-19-205; 19-19-305; 19-19-506; 20-8-107; 20-8-111; 20-9-361; 20-26-1503; 23-5-136; 23-5-306; 23-5-409; 23-5-610; 23-5-612; 23-5-631; 23-7-301; 23-7-402; 32-1-537; 37-43-204; 37-51-501; 39-71-503; 39-71-907; 39-71-2321; 39-71-2504; 44-12-206; 44-13-102; 50-4-623; 50-5-232; 50-40-206; 53-6-150; 53-6-703; 53-24-206; 60-2-220; 67-3-205; 75-1-1101; 75-5-1108; 75-6-214; 75-11-313; 76-12-123; 80-2-103; 80-2-222; 80-4-416; 81-5-111; 82-11-136; 82-11-161; 85-1-220; 85-20-402; 87-1-513; 90-3-301; 90-4-215; 90-6-331; 90-7-220; 90-7-221; and 90-9-306.

(4)  There is a statutory appropriation to pay the principal, interest, premiums, and costs of issuing, paying, and securing all bonds, notes, or other obligations, as due, that have been authorized and issued pursuant to the laws of Montana. Agencies that have entered into agreements authorized by the laws of Montana to pay the state treasurer, for deposit in accordance with 17-2-101 through 17-2-107, as determined by the state treasurer, an amount sufficient to pay the principal and interest as due on the bonds or notes have statutory appropriation authority for the payments. (In subsection (3): pursuant to sec. 7, Ch. 567, L. 1991, the inclusion of 19-6-709 terminates upon death of last recipient eligible for supplemental benefit; and pursuant to sec. 7(2), Ch. 29, L. 1995, the inclusion of 15-30-195 terminates July 1, 2001.)"

Section 2.  Section 87-1-506, MCA, is amended to read:

"87-1-506.   Enforcement powers of wardens. (1) A warden may:

(1)(a)  serve a subpoena issued by a court for the trial of a violator of the fish and game laws;

(2)(b)  search, without a warrant, any tent not used as a residence, any boat, vehicle, box, locker, basket, creel, crate, game bag, or package, or their contents upon probable cause to believe that any fish and game law or department rule for the protection, conservation, or propagation of game, fish, birds, or fur-bearing animals has been violated;

(3)(c)  search, with a search warrant, any dwelling house or other building;

(4)(d)  seize game, fish, game birds, and fur-bearing animals and any parts of them taken or possessed in violation of the law or the rules of the department;

(5)(e)  seize and hold, subject to law or the orders of the department, devices which that have been used to unlawfully take game, fish, birds, or fur-bearing animals;

(6)(f)  arrest, in accordance with Title 46, chapter 6, a violator of a fish and game law or rule of the department, violation of which is a misdemeanor;

(7)(g)  enforce the disorderly conduct and public nuisance laws, (45-8-101 and 45-8-111), as they apply to the operation of motorboats on all waters of the state;

(8)(h)  as provided for in 37-47-345, investigate and make arrests for violations of the provisions of Title 37, chapter 47, and of any rules adopted pursuant to that chapter relating to the regulation of outfitters and guides in the state; and

(9)(i)  exercise the other powers of peace officers in the enforcement of the fish and game laws, the rules of the department, and judgments obtained for violation of those laws or rules.

(2) The meat of game animals that are seized pursuant to subsection (1)(d) must be either donated directly to entities representing food banks in this state or THE MONTANA FOOD BANK NETWORK, OR TO PUBLIC OR CHARITABLE INSTITUTIONS, TO THE EXTENT REASONABLY FEASIBLE. ANY MEAT THAT THE DEPARTMENT IS UNABLE TO DONATE MUST BE sold pursuant to 87-1-511, with the proceeds to be distributed as provided in 87-1-513(2)."

Section 3.  Section 87-1-513, MCA, is amended to read:

"87-1-513.   Disposition of proceeds of sale. (1) The money obtained upon the sale of seized property must be retained and accounted for by the department when the person having the property in possession at the time of seizure is prosecuted or when a prosecution of the person is pending. If the person charged with violation of the law is found guilty of or forfeits bond for violation of the fish and game laws of the state, the money received for the sale of seized property must be paid over to the state treasurer and be deposited in the state special revenue fund to the credit of the fish and game fund department of public health and human services for the purposes of awarding grants to entities representing food banks in this state FISH AND GAME FUND, EXCEPT AS PROVIDED IN SUBSECTION (2). If the party from whom the property was taken is not found guilty of any violation of the fish and game laws of this state, the money must be paid to the party from whom the game birds, wild animals, fish, or parts or portions thereof were taken. An officer is not liable for any damage on account of any search, examination, seizure, or sale. When wild animals, game birds, or fish are seized as provided in this part and the person or persons who killed or captured the wild animals, game birds, or fish cannot be ascertained or when the animals sold were killed pursuant to 87-1-225, then the money received from the sale of the wild animals, game birds, or fish must be paid directly to the state treasurer. The cost of advertising notice of sale, as required by 87-1-511, must be paid from the fish and game fund.

(2) The proceeds, AFTER THE DEPARTMENT'S COST OF CONDUCTING THE SALE IS AND COSTS INCURRED IN DONATING GAME ANIMAL MEAT ARE DEDUCTED, from the sale of seized property GAME ANIMAL MEAT MUST BE deposited in the state special revenue fund pursuant to subsection (1) TO THE CREDIT OF THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES AND are statutorily appropriated, as provided in 17-7-502, to the department of public health and human services for the purposes of awarding grants to entities representing food banks THE MONTANA FOOD BANK NETWORK in this state. MONEY FROM THE GRANTS AWARDED TO THE MONTANA FOOD BANK NETWORK MAY BE USED ONLY FOR THE PROCESSING OF DONATED GAME ANIMAL MEAT."

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