HOUSE BILL NO. 825
INTRODUCED BY R. JORE
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING CERTAIN FISH AND GAME LICENSING LAWS BY CREATING LIFETIME HUNTING AND FISHING LICENSES FOR RESIDENTS WHO MEET CERTAIN AGE REQUIREMENTS; PROVIDING FREE RESIDENT COMBINATION SPORTS LICENSES AND ANTELOPE LICENSES FOR MONTANA-BORN PERSONS AND PREVIOUS HOLDERS OF RESIDENT LICENSES WHO ARE MEMBERS OF THE NATIONAL GUARD OR THE FEDERAL RESERVE WHO WERE ENGAGED IN ACTIVE DUTY AND PARTICIPATED IN A CONTINGENCY OPERATION; AMENDING SECTIONS 87-2-711 AND 87-2-803, MCA; AND PROVIDING EFFECTIVE DATES AND A TERMINATION DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Lifetime hunting and fishing licenses. (1) Upon presentation of the required proof of residency and payment of the fees set out in this section, the department shall issue lifetime hunting and fishing licenses to eligible persons. Once purchased, a lifetime license is valid for the life of the license holder and may be exercised regardless of the license holder's place of residence. The purchase of another license is not required for the license holder to exercise the privileges of a lifetime license. A lifetime license holder is subject to all rules and regulations of the department and the commission. A lifetime license holder who is convicted of a fish and game violation is subject to forfeiture of hunting or fishing privileges for the prescribed period if forfeiture is part of a penalty assessed pursuant to 87-1-102.
(2) (a) For minors under 12 years of age, a Montana birth certificate is required, and the parent or guardian applying for the lifetime license for the minor shall present proof that the parent or guardian is a resident as provided in 87-2-102. Hunting privileges of a minor with a lifetime hunting license may be exercised when the license holder reaches 12 years of age and completes the safety instruction required under 87-2-105.
(b) The following lifetime licenses may be purchased for a minor under 12 years of age:
(i) hunting (deer, antelope, elk), $700;
(ii) archery hunting (deer, antelope, elk), $700;
(iii) fishing, $250;
(iv) fishing and hunting, $750;
(v) fishing and archery hunting, $800; and
(vi) fishing, hunting, and archery hunting, $1050.
(3) A resident 55 years of age or older who has lived in Montana for at least 10 years and who otherwise meets the residency qualifications of 87-2-102 may purchase the following lifetime licenses:
(a) hunting (deer, antelope, elk), $200;
(b) archery hunting (deer, antelope, elk), $200;
(c) fishing, $75;
(d) fishing and hunting, $250;
(e) fishing and archery hunting, $250; and
(f) fishing, hunting, and archery hunting, $300.
(4) The department shall establish a method of issuing hunting tags that are valid for each license year for each species to be hunted by the holder of a lifetime hunting license who is 12 years of age or older.
(5) License fees from the sale of all lifetime licenses must be placed in an account in the agency fund within the fiduciary fund category to the credit of the department. The principal in the account may not be spent by the department until July 1, 2013. Interest earned on the account may be spent by the department for operational expenses in the same manner as other license fees.
(6) The department shall report to the 2009 legislature regarding the success of the lifetime license program and include an actuarial accounting of license revenue gained or lost through implementation of the program.
Section 2. Section 87-2-711, MCA, is amended to read:
"87-2-711. Class AAA--combination sports license. (1) A resident, as defined by 87-2-102, who is 12 years of age or older or who will turn 12 years old before or during the season for which the license is issued or a service member eligible for a combination sports license pursuant to 87-2-803(12) is entitled to:
(a) a combination sports license that permits a holder who is 12 years of age or older to exercise all rights granted to holders of Class A, A-1, A-3, and A-5 licenses and resident conservation licenses as prescribed in 87-2-202 upon payment of the sum of $70, plus the resident hunting access enhancement fee provided for in 87-2-202(3)(c), or, if the resident person is a service member eligible for a combination sports license pursuant to 87-2-803(12), upon payment of $29, plus the resident hunting access enhancement fee provided for in 87-2-202(3)(c) a free combination sports license that permits the holder to exercise all rights granted to holders of Class A, A-1, A-3, and A-5 licenses, resident conservation licenses, and antelope licenses, but not bear licenses; or
(b) a combination sports license that permits a holder who is 12 years of age or older to exercise all rights granted in subsection (1)(a) and the additional rights granted to holders of a Class A-6 license upon payment of the sum of $85, plus the resident hunting access enhancement fee provided for in 87-2-202(3)(c).
(2) The department may furnish each holder of a combination sports license an appropriate decal."
Section 3. Section 87-2-803, MCA, is amended to read:
"87-2-803. Persons with disabilities -- service members -- 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 a Class A-3 deer A tag for $6.50 and a Class A-5 elk tag for $8. 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 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 (9). 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 subsection (9). Each board must have at least one Montana-licensed physician as a member.
(4) A person with a disability carrying a permit 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 61-1-101, 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 permitholder to shoot across the roadway of any public highway or to hunt on private property without permission of the landowner. A permitholder must have a companion to assist in immediately dressing any killed game animal. The companion may also assist the permitholder by hunting a game animal that has been wounded by the permitholder when the permitholder is unable to pursue and kill the wounded game animal. Any vehicle from which a 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 veteran who meets the qualifications in subsection (9) as a result of a combat-connected injury may apply at a fish, wildlife, and parks office for a regular Class A-3 deer A tag, a Class A-4 deer B tag, a Class B-7 deer A tag, a Class B-8 deer B tag, and a special antelope license at one-half the license fee. Fifty licenses of each license type must be made available annually. Licenses issued to veterans under this part do not count against the number of special antelope licenses reserved for people with permanent disabilities, as provided in 87-2-706.
(6) (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).
(7) 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.
(8) As used in this section, "disabled person", "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.
(9) 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.
(10) Certification by a licensed physician under subsection (9) must be on a form provided by the department.
(11) 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).
(12) (a) A Montana resident person who is a member of the Montana national guard or the federal reserve as provided in 10 U.S.C. 10101 or who was otherwise engaged in active duty and who participated in a contingency operation as provided in 10 U.S.C. 101(a)(13) that required the member to serve at least 6 months outside of the state, upon request and upon presentation of the documentation described in subsection (12)(b), must be issued a free resident wildlife conservation license or a Class AAA resident combination sports license, which may not include a bear license, and an antelope license for $29, plus the resident hunting access enhancement fee provided for in 87-2-202(3)(c), in the license year that the member returns from military service or in the year following the member's return, based on the member's election, and in the license year any of the 9 years after the member's election. A member who participated in a contingency operation between September 11, 2001, and February 28, 2006, that required the member to serve at least 6 months outside of the state may make an election in 2006 or 2007 and be entitled to a free resident wildlife conservation license or a $25 Class AAA resident combination sports license in the year of election and the license year after the member's election.
(b) To be eligible for the free resident wildlife conservation license or reduced-rate Class AAA resident combination sports license and antelope license provided for in subsection (12)(a), an applicant shall, in addition to the written application and proof of residency required in 87-2-202(1) that the applicant was born in Montana or previously purchased a resident hunting or fishing license, provide to any regional department office or to the department headquarters in Helena, by mail or in person, the member's DD form 214 verifying the member's release or discharge from active duty. The applicant is responsible for providing documentation showing that the applicant is a member of the national guard or the federal reserve as provided in 10 U.S.C. 10101 who was engaged in active duty and participated in a contingency operation as provided in 10 U.S.C. 101(a)(13)."
NEW SECTION. Section 4. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 87, chapter 2, and the provisions of Title 87, chapter 2, apply to [section 1].
NEW SECTION. Section 5. Effective dates. (1) Except as provided in subsection (2), [this act] is effective on passage and approval.
(2) [Section 1] is effective March 1, 2008.
NEW SECTION. Section 6. Termination. [Section 1] terminates March 1, 2014.
- END -
Latest Version of HB 825 (HB0825.01)
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