INTRODUCED
BY M. Marler, N. Duram
A BILL FOR AN ACT ENTITLED: "AN ACT requiring hunter and bowhunter safety and education course participants to complete field days; requiring in-person courses; Establishing reporting requirements; providing legislative intent; and AMENDING SECTION 87-2-105, MCA; and providing a delayed effective date and a termination date."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 87-2-105, MCA, is amended to read:
"87-2-105. Hunter safety and education required. (1) Except for a youth who qualifies for a license pursuant to 87-2-805(4) or a person who has been issued an apprentice hunting certificate pursuant to 87-2-810, a hunting license may not be issued to a person born after January 1, 1985 2000, unless the person authorized to issue the license determines proof of completion of:
(a) a Montana hunter safety and education course established in subsection (4) or (6);
(b) a hunter safety course in any other state or province; or
(c) a Montana hunter safety and education course that qualifies the person for a provisional certificate as provided in 87-2-126.
(2) A hunting license may not be issued to a member of the regular armed forces of the United States or to a member of the armed forces of a foreign government attached to the armed forces of the United States who is assigned to active duty in Montana and who is otherwise considered a resident under 87-2-102(1) or to a member's spouse or dependent, as defined in 87-2-102, who resides in the member's household, unless the person authorized to issue the license determines proof of completion of a hunter safety and education course approved by the department and subject to subsection (8), or a hunter safety course in any state or province.
(3) A bow and arrow license may not be issued to a resident or nonresident unless the person authorized to issue the license receives an archery license issued for a prior hunting season or determines proof of completion of a bowhunter education course from the national bowhunter education foundation or any other bowhunter education program approved by the department and subject to subsection (8). Neither the department nor the license agent is required to provide records of past archery license purchases. As part of the department's bow and arrow licensing procedures, the department shall notify the public regarding bowhunter education requirements.
(4) The department shall provide for a hunter safety and education course that includes instruction in the safe handling of firearms and for that purpose may cooperate with any reputable organization having as one of its objectives the promotion of hunter safety and education. A hunter safety and education course must include an in-person field day that includes firearm safety training. The person performing the training may be a volunteer with firearm safety knowledge. The department may designate as an instructor any person it finds to be competent to give instructions in hunter safety and education, including the handling of firearms. A person appointed shall give the course of instruction and shall issue a certificate of completion from Montana's hunter safety and education course to a person successfully completing the course.
(5) The department shall provide for a course of instruction from the national bowhunter education foundation or any other bowhunter education program approved by the department and for that purpose may cooperate with any reputable organization having as one of its objectives the promotion of safety in the handling of bow hunting tackle. A bowhunter safety and education course must include an in-person field day for any person born after January 1, 1985 2000. The department may designate as an instructor any person it finds to be competent to give bowhunter education instruction. A person appointed shall give the course of instruction and shall issue a certificate of completion to a person successfully completing the course.
(6) The department may develop an adult hunter safety and education course. An adult hunter safety and education course must include an in-person field day that includes firearm safety training. The person performing the training may be a volunteer with firearm safety knowledge.
(7) The department may adopt rules regarding how a person authorized to issue a license determines proof of completion of a required course.
(8) Hunter safety and education courses and bowhunter safety and education courses must be conducted in-person for individuals who are under 18 years of age."
NEW SECTION. Section 2. Staffing and reporting. The department shall use volunteers to teach hunter safety and education courses as a first priority and existing personnel as a second priority. The department shall provide a report to the environmental quality council that includes the number of courses and field days taught as well as the staffing needs for those courses and field days.
NEW SECTION. Section 3. Legislative intent. It is the intent of the legislature that the department of fish, wildlife, and parks provide statewide coordination of volunteers to provide for the purposes of [this act] with no more than 1.0 FTE.
NEW SECTION. Section 4. Codification instruction. [Section 2] is intended to be codified as an integral part of Title 87, chapter 2, part 1, and the provisions of Title 87, chapter 2, part 1, apply to [section 2].
NEW SECTION. Section 5. Effective date. [This act] is effective January 1, 2024.
NEW SECTION. Section 6. Termination. [Section 2] terminates January 1, 2027.