_________ Bill No. _______
Introduced By _______________________________________________________________________________
A Bill for an Act entitled: "An Act prohibiting the sale of big game hunting licenses after the first day of the season for which the license is valid, except licenses issued for late season damage hunts; and amending section 87-2-106, MCA."
Be it enacted by the Legislature of the State of Montana:
Section 1. Section 87-2-106, MCA, is amended to read:
"87-2-106. Application for license -- penalties for violation -- forfeiture of privileges. (1) A license may be procured
from the director, any warden, or any authorized agent of the director. The applicant shall state the applicant's name, age,
occupation, address of permanent residence, and post-office address, the applicant's qualifying length of time as a resident
in the state of Montana, whether the applicant is a citizen of the United States or an alien, and other facts, data, or
descriptions as may be required by the department. An applicant for a resident license shall present a valid Montana driver's
license, Montana driver's examiner's identification card, or other identification specified by the department to substantiate
the required information. It is the applicant's burden to provide documentation establishing the applicant's identity and
qualifications to purchase a license. It is
unlawful and a misdemeanor for a license agent to sell a hunting, fishing, or
trapping license to an applicant who fails to produce the required identification at the time of application for licensure.
Except as provided in subsections (2) through (4), the statements made by the applicant must be subscribed to before the
officer or agent issuing the license.
(2) Except as provided in subsection (3), department employees or officers may issue licenses by mail. Statements on an application for a license to be issued by mail need not be subscribed to before the employee or officer.
(3) To apply for a license under the provisions of 87-2-102(7), the applicant shall apply to the director and shall submit at the time of application a notarized affidavit that attests to fulfillment of the requirements of 87-2-102(7). The director shall process the application in an expedient manner.
(4) A resident may apply for and purchase a wildlife conservation license, hunting license, or fishing license for the resident's spouse, parent, child, brother, or sister who is otherwise qualified to obtain the license.
(5) A license is void unless subscribed to by the licensee and by an employee or officer of the department or by a license agent or an authorized representative of the license agent.
(6) It is unlawful to subscribe to any statement, on any application or license, that is materially false. Any material false statement contained in an application renders the license issued pursuant to it void. A person violating any provision of this subsection is guilty of a misdemeanor.
(7) (a) A person not meeting the residency criteria set out in 87-2-102 who is convicted of affirming to a false statement to obtain a resident license shall be:
(i) fined an amount not less than the greater of $100 or twice the cost of the nonresident license that authorized the sought-after privilege or more than $1,000;
(ii) imprisoned in the county jail for not more than 6 months; or
(iii) both fined and imprisoned.
(b) In addition to the penalties specified in subsection (7)(a), upon conviction or forfeiture of bond or bail, the person shall forfeit any current hunting, fishing, and trapping licenses and the privilege to hunt, fish, and trap in Montana for not less than 18 months.
(8) It is unlawful and a misdemeanor for a person to purposely or knowingly assist an unqualified applicant in obtaining a resident license in violation of this section.
(9) Except for a license authorizing a late season damage hunt pursuant to 87-1-225, a license agent may not sell a license to hunt big game after the first day of the season for which the license is valid. A violation of this subsection is a misdemeanor."