UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)BY REQUEST OF THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS
A BILL FOR AN ACT ENTITLED: "AN ACT CLARIFYING A GAME WARDEN'S AUTHORITY TO INSPECT WRITTEN TAXIDERMY RECORDS AND ARTICLES OF WILDLIFE; DEFINING "AUDIT" AND "WRITTEN RECORD" AS THOSE TERMS APPLY TO INSPECTION OF TAXIDERMY RECORDS AND ARTICLES OF WILDLIFE; AND AMENDING SECTION 87-4-201, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Definitions. As used in this part, the following definitions apply:
(1) "Audit" means evaluation, determination, or investigation of the written record and all articles of wildlife in a licensed taxidermist's possession by any state game warden, to determine the accuracy and completeness of the written record and the licensee's compliance with applicable laws and regulations.
(2) "Written record" means a form provided by the department or a recordkeeping system approved by the department that lists all articles of wildlife in a licensed taxidermist's possession or control, other than articles owned by the licensee, and includes:
(a) the kind and number of each wildlife article;
(b) the owner of each wildlife article;
(c) the hunting or fishing license number of the person who legally took possession of the wildlife article, if available;
(d) the residence of the owner of each wildlife article; and
(e) all articles of wildlife shipped by the taxidermist, to whom shipped, and the shipping destination.
NEW SECTION. Section 2. Information not considered public. (1) Except as provided in subsection (2), information obtained by the department from the inspection of a taxidermist's written records and information obtained from the inspection of articles of wildlife are not public information.
(2) Any information obtained pursuant to subsection (1) may be used in an investigation conducted by a game warden or other law enforcement officer and is properly admissible in any hearing conducted by the department or in any judicial proceeding.
Section 3. Section 87-4-201, MCA, is amended to read:
"87-4-201. Taxidermist's license, fee, and penalty. A person who engages in conducting any taxidermy business, as
the term is generally understood, or any person who conducts a business for the purpose of mounting, preserving, or
preparing any of the dead bodies of any wildlife or any part thereof of dead bodies of wildlife must shall first obtain from
the director a taxidermist's license and pay an annual license fee of $15 therefor for the license. Such person A licensee
shall keep a written record of all the articles of wildlife in his possession or control, the kind and number of each, by whom
owned, and the residence of owner, all the articles of wildlife shipped and to whom and where shipped. The above written
record shall must be kept for as long as such the wildlife articles remain in the possession of the licensee but in any event at
least 5 years. These The written records shall must be open to inspection and audit by any state game warden at any
reasonable time. In all cases of conviction of violation of this section, the license of the person convicted may be revoked
by the court."
NEW SECTION. Section 4. Codification instruction. [Sections 1 and 2] are intended to be codified as an integral part of Title 87, chapter 4, part 2, and the provisions of Title 87, chapter 4, part 2, apply to [sections 1 and 2].
- END -
Latest Version of LC 301 (LC0301.01)
Processed for the Web on December 4, 1998 (11:10AM)
New language in a bill appears underlined, deleted material appears stricken.
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Status of this Bill
| 1999 Session | Leg. Branch HomePrepared by Montana Legislative Services
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