Bill Summary – FastDemocracy

67th Legislature                                                                                                     SB 153.1
                                                    SENATE BILL NO. 153
                                              INTRODUCED BY J. WELBORN
  3
   A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATED TO THE
   ADMINISTRATION OF LANDS AND WATERS OWNED OR CONTROLLED BY THE DEPARTMENT OF FISH,
   WILDLIFE, AND PARKS; TRANSFERRING ADMINISTRATION OF FISHING ACCESS SITES AND
   ADMINISTRATION OF RECREATIONAL AND COMMERCIAL USE OF WILDLIFE MANAGEMENT AREAS
   TO THE STATE PARKS AND RECREATION BOARD; REQUIRING TWO BOARD MEMBERS TO BE
   BUSINESS OWNERS; REVISING ENFORCEMENT PROVISIONS; REVISING REQUIREMENTS FOR
   CONSTRUCTION PROJECT APPROVAL; REQUIRING IMPROVEMENTS AT FISHING ACCESS SITES TO
   BE REVIEWED FOR HABITAT IMPACTS; REVISING RULEMAKING AUTHORITY; REQUIRING PURCHASE
   OF A WILDLIFE CONSERVATION LICENSE FOR CERTAIN LAND USE AND DECREASING ITS PRICE;
   AMENDING SECTIONS 2-15-3406, 23-1-106, 23-1-110, 23-1-111, 23-2-301, 23-2-302, 23-2-502, 23-2-506,
   23-2-525, 23-2-529, 23-2-531, 23-2-641, 23-2-806, 87-1-209, 87-1-269, 87-1-285, 87-1-286, 87-1-294, 87-1-
   301, 87-1-303, 87-1-306, 87-1-502, 87-1-506, 87-2-201, 87-2-202, AND 87-6-201, MCA; AND PROVIDING
   EFFECTIVE DATES.”
 17
   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
 19
              Section 1. Section 2-15-3406, MCA, is amended to read:
              "2-15-3406.    State parks and recreation board -- composition. (1) There is a state parks and
   recreation board.
              (2)   The board consists of five members appointed by the governor, as prescribed in 2-15-124. The
   governor shall appoint one member from each of the following districts:
              (a)   District No. 1, consisting of Lincoln, Flathead, Sanders, Lake, Mineral, Missoula, Powell, Ravalli,
   Granite, and Lewis and Clark Counties;
              (b)   District No. 2, consisting of Deer Lodge, Silver Bow, Beaverhead, Madison, Jefferson, Broadwater,
   Gallatin, Park, and Sweet Grass Counties;
                                                                   -1-                     Authorized Print Version – SB 153
67th Legislature                                                                                                      SB 153.1
              (c)   District No. 3, consisting of Glacier, Toole, Liberty, Hill, Pondera, Teton, Chouteau, Cascade,
   Judith Basin, Fergus, Blaine, Meagher, and Wheatland Counties;
              (d)   District No. 4, consisting of Phillips, Valley, Daniels, Sheridan, Roosevelt, Petroleum, Garfield,
   McCone, Richland, Dawson, and Wibaux Counties;
              (e)   District No. 5, consisting of Golden Valley, Musselshell, Stillwater, Carbon, Yellowstone, Big Horn,
   Treasure, Rosebud, Custer, Powder River, Carter, Fallon, and Prairie Counties.
              (3)   Appointments must be made without regard to political affiliation and must be made solely for the
   wise management of state parks and outdoor recreational resources administered pursuant to Title 23, chapter
   1, and Title 23, chapter 2, parts 1, 4, and 9.
              (4)   A person appointed to the board must be informed or experienced in the conservation and
   protection of state parks, heritage resources, natural resources, tourism promotion and development, or
   outdoor recreation. Two members must be business owners, one of whom must have a business specializing in
   outdoor recreation.
              (5)   A vacancy on the board must be filled by the governor in the same manner and from the district in
   which the vacancy occurs.
              (6)   The board is designated as a quasi-judicial board for purposes of 2-15-124, except that the
   requirement that at least one member be an attorney does not apply."
 18
              Section 2. Section 23-1-106, MCA, is amended to read:
              "23-1-106.    Rules -- penalties -- enforcement. (1) The department and the board may make rules
   governing the use, occupancy, and protection of the property under their control.
              (2)   A person who violates subsection (3) or a rule established pursuant to this section is guilty of a
   misdemeanor and shall be fined not more than $500 or be imprisoned in the county jail for not more than 6
   months.
              (3)   A person may not refuse to exhibit for inspection any park permit, proof of age, or proof of
   residency upon request by a fish and game warden, park ranger, or peace officer.
              (4)   The department shall enforce the provisions of this chapter and rules implementing this chapter.
   The director shall employ all necessary and qualified personnel for enforcement purposes.
                                                                   -2-                      Authorized Print Version – SB 153
67th Legislature                                                                                                      SB 153.1
              (5)   The department is a criminal justice agency for the purpose of obtaining the technical assistance
   and support services provided by the board of crime control under the provisions of 44-7-101. Authorized
   officers of the department are granted peace officer status with the power:
              (a)   of search, seizure, and arrest;
              (b)   to investigate activities in this state regulated by this chapter and rules of the department, and the
   board, and the commission; and
              (c)   to report violations to the county attorney of the county in which they occur."
  8
              Section 3. Section 23-1-110, MCA, is amended to read:
              "23-1-110.    Improvement or development of state park or fishing access site -- required public
   involvement -- rules. (1) Any proposed improvement or development of a state park or fishing access site that
   significantly changes park or fishing access site features or use patterns is subject to notice of proposed
   modifications, both statewide and locally, and to opportunity for a public meeting and public comment on the
   advisability and acceptability of the proposal. Rules to govern the notice, meeting, and comment process must
   be adopted:
              (a)   for state parks by the board; and
              (b)   for fishing access sites by the commission.
              (2)   The department shall prepare a public report regarding any project that is subject to the provisions
   of subsection (1). The report must include conclusions relating to the following aspects of the proposal:
              (a)   the desires of the public as expressed to the department;
              (b)   the capacity of the park or fishing access site for development;
              (c)   environmental impacts associated with the improvement or development, including biological
   review of impacts to fish and wildlife habitat;
              (d)   the long-range maintenance of the improvements;
              (e)   the protection of natural, cultural, and historical park or fishing access site features;
              (f)   potential impacts on tourism; and
              (g)   site-specific modifications as they relate to the park or fishing access site system as a whole."
 28
                                                                    -3-                      Authorized Print Version – SB 153
67th Legislature                                                                                                    SB 153.1
              Section 4. Section 23-1-111, MCA, is amended to read:
              "23-1-111.    Powers and duties of board -- rulemaking -- meetings. (1) Except as provided in
   subsection (2), for state parks, primitive parks, state recreational areas, public camping grounds, wildlife
   management areas, fishing access sites, state historic sites, state monuments, and other heritage and
   recreational resources, land lands, and water waters administered pursuant to Title 23, chapter 1, and Title 23,
   chapter 2, parts 1, 3, 4, 5, and 9, the board shall:
              (a)   set the policies and provide direction to the department for:
              (i)   the management, protection, conservation, and preservation of these properties, lands, and waters
   and their appropriate role relative to tourism and the economic health of Montana;
              (ii) coordinating, integrating, promoting, and furthering opportunities for education and recreation at
   these sites, including but not limited to camping, hiking, snowmobiling, off-highway vehicle use, horseback
   riding, mountain biking, boating, and swimming, as appropriate and in accordance with the purposes for which
   the sites were purchased or donated;
              (b)   work with the commission to maintain hunting and angling opportunities and to provide input
   regarding hunting and fishing regulations on these properties, lands, and waters;
              (c)   (i) establish the rules of the department governing the recreational use of these properties, and
   lands, and waters. The rules must be adopted in the interest of public health, public safety, public welfare, and
   protection of property and public resources in regulating recreation, including but not limited to:
              (A)    picnicking;,
              (B)   camping;, and
              (C)    swimming;, and
              (D)    sanitation;
              (E)   boating, including but not limited to speed regulations, the operation of motorboats, as defined in
   23-2-502, the resolution of conflicts between users of motorized and nonmotorized vessels, waterskiing, and
   surfboarding; and
              (F)   use of firearms on the waters or at designated areas along the shore of the waters.
              (ii) These rules are subject to review and approval by the department of public health and human
   services with regard to issues of public health and sanitation before becoming effective. Copies of the rules
                                                                   -4-                    Authorized Print Version – SB 153
67th Legislature                                                                                                           SB 153.1
   must show that endorsement.
              (d)      except as provided in 87-1-303(2), establish the rules of the department governing the commercial
   use of these properties, lands, and waters;
              (d)(e)     except for wildlife management areas, review and approve all acquisitions or transfers of
   interest in these properties, lands, and waters by the department, except as provided in 87-1-209(4). Except as
   provided in subsection (4), any decision by the board to divest the department of a fee title interest in a state
   park or a portion of a state park must be approved by the legislature in the next regular legislative session.
              (e)(f)     review and approve the budget of the department for the administration of these properties,
   lands, and waters prior to its transmittal to the office of budget and program planning;
              (f)(g)     except for construction projects proposed for the primary purpose of protecting, conserving, and
   preserving habitat on wildlife management areas, review and approve construction projects that have an
   estimated cost of more than $50,000;
              (g)(h)     work with local, state, and federal agencies to evaluate, integrate, coordinate, and promote
   recreational opportunities statewide; and
              (h)(i)     encourage citizen involvement in management planning for these properties, lands, and waters.
              (2)      Pursuant to87-1-301(1), theThe board does not establish: oversee department activities related to
   the administration of fishing access sites
              (a)      hunting, fishing, or trapping regulations; or
              (b)      rules for the block management program or alternative programs designed to promote public
   access to private and public lands for hunting purposes pursuant to 87-1-265.
              (3)      The members of the board shall hold quarterly or other meetings for the transaction of business at
   times and places considered necessary and proper. The meetings must be called by the presiding officer or by
   a majority of the board and must be held at the time and place specified in the call for the meeting. A majority of
   the members constitutes a quorum for the transaction of any business. The board shall keep a record of all the
   business it transacts. The presiding officer and secretary shall sign all orders, minutes, or documents for the
   board.
              (4)      (a) Approval of the legislature is not required for decisions regarding the transfer of a fee title
   interest in affiliated lands or land that is part of an exchange to consolidate ownership or address impacts to
                                                                       -5-                      Authorized Print Version – SB 153
67th Legislature                                                                                                        SB 153.1
   neighboring landowners.
              (b)(5)     For the purposes of this subsection (4) section, the term following definitions apply:
              (a)      "affiliated lands" means lands owned by the department but:
              (i)   not actively managed by the department; or
              (ii) managed by another entity;
              (b)   "motorboat" has the same meaning as provided in 23-2-502;
              (c)   "vessel" has the same meaning as provided in 23-2-502;
              (d)   "waters" mean all public fishing reservoirs, public lakes, all class I and class II waters that are
   legally accessible for recreational use pursuant to Title 23, chapter 2, part 3, and reservoirs and lakes that the
   department administers by agreement or in conjunction with a federal or state agency or private owner."
 11
              Section 5. Section 23-2-301, MCA, is amended to read:
              "23-2-301.      Definitions. For purposes of this part, the following definitions apply:
              (1)   "Barrier" means an artificial obstruction located in or over a water body, restricting passage on or
   through the water, that totally or effectively obstructs the recreational use of the surface water at the time of
   use. A barrier may include but is not limited to a bridge or fence or any other artificial obstacle to the natural
   flow of water.
              (2)   "Board" means the state parks and recreation board established in 2-15-3406.
              (2)(3)     "Class I waters" means surface waters, other than lakes, that:
              (a)   lie within the officially recorded federal government survey meander lines of the waters;
              (b)   flow over lands that have been judicially determined to be owned by the state by reason of
   application of the federal navigability test for state streambed ownership;
              (c)   are or have been capable of supporting the following commercial activities: log floating,
   transportation of furs and skins, shipping, commercial guiding using multiperson watercraft, public
   transportation, or the transportation of merchandise, as these activities have been defined by published judicial
   opinion as of April 19, 1985; or
              (d)   are or have been capable of supporting commercial activity within the meaning of the federal
   navigability test for state streambed ownership.
                                                                     -6-                      Authorized Print Version – SB 153
67th Legislature                                                                                                       SB 153.1
              (3)(4)   "Class II waters" means all surface waters that are not class I waters, except lakes.
              (4)   "Commission" means the fish and wildlife commission provided for in2-15-3402.
              (5)   "Department" means the department of fish, wildlife, and parks provided for in 2-15-3401.
              (6)   "Diverted away from a natural water body" means a diversion of surface water through a
   constructed water conveyance system, including but not limited to:
              (a)   an irrigation or drainage canal or ditch;
              (b)   an industrial, municipal, or domestic water system, excluding the lake, stream, or reservoir from
   which the system obtains water;
              (c)   a flood control channel; or
              (d)   a hydropower inlet and discharge facility.
              (7)   "Lake" means a body of water where the surface water is retained by either natural or artificial
   means and the natural flow of water is substantially impeded.
              (8)   "Occupied dwelling" means a building used for a human dwelling at least once a year.
              (9)   "Ordinary high-water mark" means the line that water impresses on land by covering it for
   sufficient periods to cause physical characteristics that distinguish the area below the line from the area above
   it. Characteristics of the area below the line include, when appropriate, but are not limited to deprivation of the
   soil of substantially all terrestrial vegetation and destruction of its agricultural vegetative value. A flood plain
   adjacent to surface waters is not considered to lie within the surface waters' high-water marks.
              (10) "Recreational use" means with respect to surface waters: fishing, hunting, swimming, floating in
   small craft or other flotation devices, boating in motorized craft unless otherwise prohibited or regulated by law,
   or craft propelled by oar or