HOUSE BILL NO. 451
INTRODUCED BY G. GOLIE, SHOCKLEY, CALLAHAN, CARNEY, CHRISTIAENS, P. CLARK, DELL, DEPRATU, EGGERS, FACEY, GALVIN-HALCRO, GILLAN, HARRIS, LINDEEN, MANGAN, RIPLEY, SCHMIDT, SMITH, TRAMELLI, TROPILA, WANZENRIED
AN ACT REVISING THE REGULATION OF HUNTING BY A PERSON WITH A DISABILITY; CLARIFYING THAT TURKEYS ARE NOT A GAME BIRD SPECIES THAT MAY BE HUNTED BY A DISABLED HUNTER WITH ONLY A CONSERVATION LICENSE; PROVIDING THAT A PERSON WHO WAS GRANTED A PERMIT TO HUNT FROM A VEHICLE DURING THE 2000 LICENSE YEAR OR A SUBSEQUENT LICENSE YEAR IS CONSIDERED ELIGIBLE FOR THE PERMIT DURING SUBSEQUENT LICENSE YEARS UNLESS PERMIT CRITERIA CHANGE; CLARIFYING THE CRITERIA FOR WHICH A DISABLED PERSON MAY BE GRANTED A PERMIT TO HUNT FROM A VEHICLE; AMENDING SECTION 87-2-803, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 87-2-803, MCA, is amended to read:
"87-2-803. Persons with disabilities -- definitions. (1) Persons with disabilities are entitled to fish and to hunt game birds, not including turkeys, with only a conservation license if they are residents of Montana not residing in an institution and are certified as disabled as prescribed by departmental rule. A person who has purchased a conservation license and a resident fishing license or game bird license for a particular license year and who is subsequently certified as disabled is entitled to a refund for the fishing license or game bird license previously purchased for that license year. A person who is certified as disabled pursuant to subsection (3) and who was issued a permit to hunt from a vehicle for license year 2000 or a subsequent license year is automatically entitled to a permit to hunt from a vehicle for subsequent license years if the criteria for obtaining a permit does not change.
(2) A resident of Montana who is certified as disabled by the department and who is not residing in an institution may purchase regular resident deer and elk licenses at one-half the fee paid by a resident who is 15 years of age or older and who is under 62 years of age. A person who has purchased a conservation license and a resident deer license or resident elk license for a particular license year and who is subsequently certified as disabled is entitled to a refund for the deer license or elk license previously purchased and reissuance of the license for that license year at the rate established in this subsection.
(3) A resident or nonresident person with a disability who is certified as disabled by the department and who is not
residing in an institution may carry a permit on a form prescribed by the department. A person with a disability who is
issued a permit under this subsection is entitled to have the department stamp the permit with "Permission to Hunt From a
Vehicle" if the person establishes to the satisfaction of the department that the person has substantially impaired mobility.
A person may be certified as disabled by the department and issued a permit to hunt from a vehicle, on a form prescribed by
the department, if the person establishes one or more of the disabilities pursuant to subsection (8). The department shall
adopt rules to establish a voluntary board or boards of review to resolve any disputes over whether a person meets the
criteria established in this subsection (8). Each board must have at least one Montana-licensed physician as a member.
(4) A person with a disability carrying a permit as required in subsection (3), upon which is stamped "Permission to
Hunt From a Vehicle", to hunt from a vehicle, referred to in this subsection as a permitholder, may hunt by shooting a
firearm from the shoulder, berm, or barrow pit right-of-way of a public highway, as defined in 61-1-202, except a state or
federal highway, or may hunt by shooting a firearm from within a self-propelled or drawn vehicle that is parked on a
shoulder, berm, or barrow pit right-of-way in a manner that will not impede traffic or endanger motorists or that is parked
in an area, not a public highway, where hunting is permitted. This subsection does not allow a person with a disability
permitholder to shoot across the roadway of any public highway or to hunt on private property without permission of the
landowner. A person with a disability who hunts as authorized in this subsection permitholder must have a companion to
assist in immediately dressing any killed game animal. The companion may also assist the person with a disability
permitholder by hunting a game animal that has been wounded by the person with a disability permitholder when the
person with a disability permitholder is unable to pursue and kill the wounded game animal. Any vehicle from which a
person with a disability permitholder is hunting must be conspicuously marked with an orange-colored international symbol
of persons with disabilities on the front, rear, and each side of the vehicle, or as prescribed by the department.
(5) (a) A resident of Montana who is certified by the department as experiencing blindness, as defined in 53-7-301, may be issued a lifetime fishing license for the blind upon payment of a one-time fee of $10. The license is valid for the lifetime of the blind individual and allows the licensee to fish as authorized by department rule. An applicant for a license under this subsection need not obtain a wildlife conservation license as a prerequisite to licensure.
(b) A person who is certified by the department as experiencing blindness, as defined in 53-7-301, may be issued regular resident deer and elk licenses in the manner provided in subsection (2), and must be accompanied by a companion, as provided in subsection (4).
(6) The department shall adopt rules to establish the qualifications that a person must meet to be a companion and may adopt rules to establish when a companion can be a designated shooter for a disabled person.
(7) As used in this section:,
(a) "disabled person" or, "person with disabilities" "person with a disability", or "disabled" means or refers to a person
experiencing a condition medically determined to be permanent and substantial and resulting in significant impairment of
the person's functional ability;
(b) "permanently physically handicapped person" means a disabled person as defined in subsection (7)(a) except for a
person with a disability that is due to mental retardation or mental illness;
(c) "substantially impaired mobility" means, with respect to a disabled person, that the person is nonambulatory or
virtually unable to move on foot. The board or boards of review established pursuant to subsection (3) shall resolve any
disputes regarding whether a person meets the criteria for having substantially impaired mobility.
(8) A person is entitled to a permit to hunt from a vehicle if the person:
(a) is certified by a licensed physician to be dependent on an oxygen device or dependent on a wheelchair, crutch, or cane for mobility;
(b) is an amputee above the wrist or ankle; or
(c) is certified by a licensed physician to be unable to walk, unassisted, 600 yards over rough and broken ground while carrying 15 pounds within 1 hour and to be unable to handle and maneuver up to 25 pounds.
(9) Certification by a licensed physician under subsection (8) must be on a form provided by the department.
(10) A person who disagrees with a determination of eligibility for a permit to hunt from a vehicle may request a review by a voluntary board of review pursuant to subsection (3)."
Section 2. Effective date. [This act] is effective on passage and approval.
- END -
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