FIRST REGULAR SESSION

SENATE BILL NO. 107

91ST GENERAL ASSEMBLY


INTRODUCED BY SENATOR STEELMAN.

Pre-filed December 1, 2000, and 1,000 copies ordered printed.



TERRY L. SPIELER, Secretary.

0439S.01I


AN ACT

To repeal section 252.040, RSMo 2000, and to enact in lieu thereof three new sections relating to restrictions on reintroducing wild elk, with penalty provisions.


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

Section A.  Section 252.040, RSMo 2000, is repealed and three new sections enacted in lieu thereof, to be known as sections 252.035, 252.037 and 252.040, to read as follows:

252.035.  The department of conservation shall be financially responsible for any damage caused by the reintroduction of wild elk to the state including but not limited to:

(1)  Compensation for any injuries sustained, including death, resulting from a collision or contact with wild elk in the state;

(2)  Indemnification of losses suffered by livestock producers as a result of harassment or disease spread from wild elk; and

(3)  Indemnification for damages to any property whether real or personal, including the value of fencing damaged by wild elk.

252.037.  Upon the discovery of any property damage by wild elk, a landowner shall notify the department of conservation.  Thereafter the department of conservation shall act to control further damage by wild elk entering the property to either:

(1)  Remove or relocate the wild elk; or

(2)  Destroy the wild elk which they reasonably believe caused the damage.

252.040.  1.  No wildlife shall be pursued, taken, killed, possessed or disposed of except in the manner, to the extent and at the time or times permitted by such rules and regulations; and any pursuit, taking, killing, possession or disposition thereof, except as permitted by such rules and regulations, are hereby prohibited.  Any person violating this section shall be guilty of a misdemeanor except that any person violating any of the rules and regulations pertaining to recordkeeping requirements imposed on licensed fur buyers and fur dealers shall be guilty of an infraction and shall be fined not less than ten dollars nor more than one hundred dollars.

2.  Wild elk may be destroyed by the land owner or lessor of land when such wild elk have caused any damage to such property.





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