UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT ESTABLISHING THE LIABILITY OF THE OWNER OF A DOG THAT HARASSES, INJURES, OR KILLS A GAME ANIMAL, MIGRATORY OR UPLAND GAME BIRD, OR FUR-BEARING ANIMAL; ESTABLISHING PENALTIES, INCLUDING KILLING OF THE DOG AND LOSS OF THE OWNER'S HUNTING, FISHING, AND TRAPPING PRIVILEGES; REQUIRING RESTITUTION TO THE STATE FOR A GAME ANIMAL, MIGRATORY OR UPLAND GAME BIRD, OR FUR-BEARING ANIMAL KILLED BY A DOG; AMENDING SECTION 87-1-112, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Killing of dog harassing, injuring, or killing wildlife -- liability of dog owner -- penalty and loss of license privileges -- restitution. (1) A dog, whether licensed or not, that harasses, injures, or kills a game animal, migratory or upland game bird, or fur-bearing animal, as defined in 87-2-101, is considered a public nuisance and:
(a) may be killed immediately by a peace officer, game warden, animal control officer, or other person authorized pursuant to 87-3-124(1)(c); or
(b) the owner of the dog, when reasonably notified after due process, shall kill the dog within 24 hours of notification. If the owner fails to do so, a peace officer, game warden, or animal control officer may be notified and shall kill the dog or cause the dog to be killed in a manner that will not endanger a person.
(2) The owner of a dog that harasses, injures, or kills a game animal, migratory or upland game bird, or fur-bearing animal is guilty of a misdemeanor, and upon conviction or forfeiture of bond, the owner shall be fined not less than $50 or more than $1,000 and shall forfeit the privilege to hunt, fish, or trap in this state for not less than 1 year.
(3) In addition to the penalty prescribed in subsection (2), the owner of a dog that kills a game animal, migratory or upland game bird, or fur-bearing animal shall reimburse the state for each animal killed, according to the schedule in 87-1-111.
(4) If two or more dogs kept by two or more owners harass, injure, or kill a game animal, migratory or upland game bird, or fur-bearing animal at the same time, the owners are jointly and severally liable for the penalties and reimbursement set out in this section. It is no defense to the action that the owner of the dog had no knowledge of the dog's whereabouts at or prior to the time when the dog harassed, injured, or killed a game animal, migratory or upland game bird, or fur-bearing animal or that the owner of the dog had no knowledge of the dog's disposition or inclination to harass, injure, or kill game animals, migratory or upland game birds, or fur-bearing animals.
(5) Liability under this section does not apply to the owner of a dog that is engaged in legitimate sport hunting or predator control activities authorized under 87-3-124 or 87-3-127.
(6) As used in this section:
(a) "harass" means to worry, chase, or run after a game animal, migratory or upland game bird, or fur-bearing animal in a manner that may lead to subsequent injury to that animal or bird; and
(b) "owner", in relation to a property interest in or possession of a dog, includes a person who owns, harbors, or keeps a dog.
Section 2. Section 87-1-112, MCA, is amended to read:
"87-1-112. Finding required. Before restitution may be ordered pursuant to 87-1-111, the finder of fact at trial or the
court upon entry of a guilty plea must shall find that such the illegal killing or possession was done knowingly or purposely
as defined in 45-2-101. This finding is not required for state reimbursement under 87-1-111 when bond or bail is forfeited or
when restitution is required of the owner of a dog that kills a game animal, migratory or upland game bird, or fur-bearing
animal, pursuant to [section 1(3)]."
NEW SECTION. Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 87, chapter 3, part 1, and the provisions of Title 87, chapter 3, part 1, apply to [section 1].
NEW SECTION. Section 4. Effective date. [This act] is effective on passage and approval.
- END -
Latest Version of LC 373 (LC0373.01)
Processed for the Web on November 13, 1998 (11:10AM)
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted. See the status of this bill for the bill's primary sponsor.
Status of this Bill
| 1999 Session | Leg. Branch HomePrepared by Montana Legislative Services
(406)444-3064
lheiman@mt.gov