UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT CHANGING THE PENALTY FOR FAILURE OF A BIG GAME HUNTER TO OBTAIN PERMISSION TO HUNT ON PRIVATE LAND; AND AMENDING SECTION 87-3-304, MCA."
WHEREAS, the act of hunting on private land is a privilege and not a right; and
WHEREAS, it is common courtesy to ask for permission before entering onto private property; and
WHEREAS, increased communication normally leads to less confrontation; and
WHEREAS, increased communication is a shared responsibility of hunters and landowners; and
WHEREAS, accurate delineation and marking of private ownership boundaries are closely tied to a hunter's ability to acknowledge and respect property lines; and
WHEREAS, maintaining good rapport between landowners and hunters is an essential part of preserving Montana's cultural heritage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 87-3-304, MCA, is amended to read:
"87-3-304. Landowner's permission required for big game hunting -- penalty. Every resident and nonresident
must have obtained (1) A person who does not obtain permission of the landowner, lessee, or their agents before hunting big
game animals on private property commits a criminal offense.
(2) A person who knowingly or negligently violates subsection (1) shall, upon conviction:
(a) be fined an amount not less than $500 or more than $1,000 or be incarcerated in the county jail for not more than 6 months, or both, if the private property's boundaries with adjoining private or public property were fenced and if the private property was posted with signs. The signs must have included the name, address, and telephone number of the landowner or lessee in legible characters at least 2 inches high; must have been attached to posts, structures, or objects at each corner; must have been at one-half mile intervals between corners and at each outer gate and normal point of access to the private property; and must have been on both sides of a water body crossing the private property at each point where the water body intersects the private property's boundary with adjoining private or public property. The court may also order any of the person's hunting, fishing, and trapping licenses and permits or a permit to use state lands, as defined in 77-1-101, for recreational purposes suspended for a period set by the court. The person shall give the suspended licenses and permits to the department within 10 days of the issuance of the court order.
(b) be fined an amount not less than $50 or more than $500 if:
(i) the private property's boundaries with adjoining private or public property were fenced; and
(ii) the private property was posted as provided in 45-6-201; or
(c) be fined an amount not less than $50 or more than $125 if:
(i) the private property's boundaries with adjoining private or public property were fenced; and
(ii) the private property was not posted either as provided in 45-6-201 or as provided in subsection (2)(a) of this section.
(3) A person does not violate subsection (1) if:
(a) the private property's boundaries with adjoining private or public property were not fenced; and
(b) the private property was not posted either as provided in 45-6-201 or as provided in subsection (2)(a) of this section.
(4) A person who is requested to leave private property by a landowner, lessee, or one of their agents shall immediately leave the private property, whether the request is a revocation of a previously granted permission to enter or is otherwise a prohibition of access. A person who knowingly or negligently fails to leave private property upon request of the landowner, lessee, or one of their agents commits an offense under subsection (1) and upon conviction shall be fined an amount not less than $50 or more than $1,000 or be incarcerated in the county jail for not more than 6 months, or both. The court may also order any of the person's hunting, fishing, and trapping licenses and permits or a permit to use state lands, as defined in 77-1-101, for recreational purposes suspended for a period set by the court. The person shall give the suspended licenses and permits to the department within 10 days of the issuance of the court order."
- END -
Latest Version of LC 1628 (LC1628.01)
Processed for the Web on February 5, 1999 (2:35PM)
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