House rejects bill to rein in game wardens

Dale Mortenson, R-Billings, sponsored House Bill 281. Several fellow Republicans praised the bill’s intent but expressed concerns about unintended consequences.

Rep. Steve Lavin, R-Kalispell, agreed with language requiring state fish and game officials to “observe the same standards” as other law enforcement officials, but he objected to the proposed prohibition on warrantless searches.

“If you’re wanting to search a car or something like that, and the owner gives consent, you can search it without a warrant,” said Lavin, a Montana Highway Patrol trooper for more than 20 years. “I think the way it’s written, it restricts those common-sense consent search situations that a fish and game warden might have in the field.”

Majority Speaker Rep. Keith Regier, R-Kalispell, supported the bill, noting that the House Judiciary Committee took out a requirement that wardens have a sheriff’s deputy present to conduct a search. As amended, the bill only would have required that a warden notify the local sheriff’s office.

Rep. Kelly Flynn, R-Townsend, worried that an “affirmative defense” portion of the measure would make it more difficult for landowners to prosecute trespassers. The section would have provided for a legal defense for “a mistake arising from a trivial oversight or omission or [if] the violation was a result of excusable neglect.”

Rep. Daniel Zolnikov, R-Billings, supported the bill, recounting a case in which state game officials were found guilty of trespassing on private property.

“This is about property rights. This is exactly why this bill was brought forth,” he said. “Game wardens were going on people’s property without permission because they thought they were above the law.”

Rep. Zach Brown, D-Bozeman, disagreed.

“At the end of the day, we hold our wildlife in this state and country as part of the public trust … and we need to give our game wardens the tools to hold poachers accountable and protect sportsmen-landowner relations,” Brown said.

The Montana House turned down a bill that would have reined in the state’s game wardens by a 65-35 vote on Feb. 23. Rep.

Dale Mortenson, R-Billings, sponsored House Bill 281. Several fellow Republicans praised the bill’s intent but expressed concerns about unintended consequences.

Rep. Steve Lavin, R-Kalispell, agreed with language requiring state fish and game officials to “observe the same standards” as other law enforcement officials, but he objected to the proposed prohibition on warrantless searches.

“If you’re wanting to search a car or something like that, and the owner gives consent, you can search it without a warrant,” said Lavin, a Montana Highway Patrol trooper for more than 20 years. “I think the way it’s written, it restricts those common-sense consent search situations that a fish and game warden might have in the field.”

Majority Speaker Rep. Keith Regier, R-Kalispell, supported the bill, noting that the House Judiciary Committee took out a requirement that wardens have a sheriff’s deputy present to conduct a search. As amended, the bill only would have required that a warden notify the local sheriff’s office.

Rep. Kelly Flynn, R-Townsend, worried that an “affirmative defense” portion of the measure would make it more difficult for landowners to prosecute trespassers. The section would have provided for a legal defense for “a mistake arising from a trivial oversight or omission or [if] the violation was a result of excusable neglect.”

Rep. Daniel Zolnikov, R-Billings, supported the bill, recounting a case in which state game officials were found guilty of trespassing on private property.

“This is about property rights. This is exactly why this bill was brought forth,” he said. “Game wardens were going on people’s property without permission because they thought they were above the law.”

Rep. Zach Brown, D-Bozeman, disagreed.

“At the end of the day, we hold our wildlife in this state and country as part of the public trust … and we need to give our game wardens the tools to hold poachers accountable and protect sportsmen-landowner relations,” Brown said.