Republican lawmaker Dale Mortenson says it’s time for the state’s game wardens to be reined in.

However, the state House failed to back the Billings representative’s effort to do so during a floor vote Monday. Several fellow Republicans praised House Bill 281’s intent but expressed concerns about unintended consequences.

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

A Montana Highway Patrol trooper for more than two decades, Lavin said, “If you’re wanting to search a car or something like that, and the owner gives consent, you can search it without a warrant. … 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.”

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. Ryan Osmundson, R-Buffalo, responded that the section would only apply to game law violations, not criminal law violations, of which trespass is one.

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 would have only required that a warden notify the local sheriff’s office.

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.”

The bill failed on its second reading with 64 votes against and 36 in favor.

Reporter Samuel Wilson can be reached at 758-4407 or by email at swilson@dailyinterlake.com.