FIRST REGULAR SESSION

HOUSE BILL NO. 549

91ST GENERAL ASSEMBLY


INTRODUCED BY REPRESENTATIVES HOLAND AND HAMPTON (Co-sponsors).

Read 1st time January 25, 2001, and 1000 copies ordered printed.

TED WEDEL, Chief Clerk

1434L.01I


AN ACT

To repeal section 252.043, RSMo 2000, relating to fish and game, and to enact in lieu thereof two new sections relating to the same subject.




Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Section 252.043, RSMo 2000, is repealed and two new sections enacted in lieu thereof, to be known as sections 252.038 and 252.043, to read as follows:

252.038. 1. In addition to the penalties provided in section 252.040, any person taking, killing, possessing or disposing of a deer, except as permitted by commission rules and regulations, shall be required to provide restitution to the state in an amount as follows:

(1) For each antlered deer with a certified Boone & Crockett score of at least one hundred points and not more than one hundred twenty-five points, one thousand five hundred dollars;

(2) For each antlered deer with a certified Boone & Crockett score of at least one hundred twenty-five points and not more than one hundred fifty points, three thousand dollars;

(3) For each antlered deer with a certified Boone & Crockett score of at least one hundred fifty points and not more than one hundred seventy points, five thousand five hundred dollars;

(4) For each antlered deer with a certified Boone & Crockett score of one hundred seventy points or more, seven thousand five hundred dollars.

2. Moneys collected pursuant to this section shall be deposited in the state treasury to the credit of the conservation commission pursuant to section 252.050.

3. Moneys collected pursuant to this section shall be considered as restitution to the citizens of the state and shall not be considered penalties, forfeitures or fines for the purposes of article IX, section 7 of the Constitution of Missouri.

4. The commission may allocate up to twenty-five percent of the moneys collected pursuant to this section for grants to promote antipoaching activities.

252.043. 1. The commission may suspend, revoke or deny a hunting permit or privilege for a maximum of five years when a person, while hunting, inflicts injury by firearm or other weapon to another person who is mistaken for game. No suspension, revocation or denial shall occur until an opportunity has been afforded for a hearing before the commission. Any person who is determined by the commission to have inflicted injury by firearm or other weapon shall be required to successfully complete a department-approved hunter safety course before his or her hunting permit or privilege shall be restored. The commission's proceeding shall be a contested case pursuant to chapter 536, RSMo, and any person aggrieved by a final decision shall be entitled to judicial review as provided in chapter 536, RSMo.

2. If any person fails to appear at a hearing or fails to pay a fine imposed for any violation of section 252.040, the court shall notify the commission of such person's actions for the commission's consideration of the suspension, revocation or denial of such person's permit or privilege to pursue, take, kill, possess or dispose of wildlife.



Missouri House of Representatives