HOUSE BILL NO. 9

INTRODUCED BY H. HARPER

A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING THAT AN APPLICANT FOR A HUNTING OR FISHING LICENSE MAY PROVIDE THE APPLICANT'S SOCIAL SECURITY NUMBER, DRIVER'S LICENSE NUMBER, OR ANOTHER FORM OF IDENTIFICATION WITH THE APPLICATION; REQUIRING THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES TO REQUEST A FEDERAL EXEMPTION FROM THE REQUIREMENT THAT SOCIAL SECURITY NUMBERS BE PROVIDED BY APPLICANTS; PROVIDING A PENALTY FOR KNOWINGLY OR PURPOSELY DISCLOSING A SOCIAL SECURITY NUMBER; REDUCING THE TIME THAT A RECORD OF THE SOCIAL SECURITY NUMBER MAY BE RETAINED; AMENDING SECTIONS 87-2-106 AND 87-2-202, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

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, a warden, or an authorized agent of the director. The applicant shall state the applicant's name; age; social security number, driver's license number, or other identification specified by the department; occupation; street address of permanent residence; mailing address; qualifying length of time as a resident in the state of Montana; status as a citizen of the United States or as 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 an 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 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) If the applicant provides a social security number, the department shall keep the applicant's social security number confidential, except that the number may be provided to the department of public health and human services for use in administering Title IV-D of the Social Security Act. A public employee who purposely or knowingly discloses an individual's social security number without the individual's authorization for purposes not authorized by law commits the offense of official misconduct . A private employee who is authorized to issue licenses and who purposely or knowingly discloses an individual's social security number without the individual's authorization for purposes not authorized by law is guilty of a misdemeanor and upon conviction is subject to a fine of $500, imprisonment for up to 6 months, or both.

(10) The department shall delete an applicant's social security number in any electronic database 2 years after the date that application is made for the most recent license."

Section 2. Section 87-2-202, MCA, is amended to read:

"87-2-202. Application -- fee -- expiration. (1) A wildlife conservation license must be sold upon written application. The application must contain the applicant's name; age; social security number, driver's license number, or other identification specified by the department; occupation; street address of permanent residence; mailing address; qualifying length of time as a resident in the state of Montana; and status as a citizen of the United States or as an alien and must be signed by the applicant. The applicant shall present a valid Montana driver's license, a Montana driver's examiner's identification card, or other identification specified by the department to substantiate the required information when applying for a wildlife conservation license. It is the applicant's burden to provide documentation establishing the applicant's identity and qualifications to purchase a wildlife conservation license. It is unlawful and a misdemeanor for a license agent to sell a wildlife conservation license to an applicant who fails to produce the required identification at the time of application for licensure.

(2) Hunting, fishing, or trapping licenses issued in a form determined by the department must be recorded according to rules that the department may prescribe.

(3) (a) Resident wildlife conservation licenses may be purchased for a fee of $4.

(b) Nonresident wildlife conservation licenses may be purchased for a fee of $5.

(4) Licenses issued are void after the last day of February next succeeding their issuance.

(5) If the applicant provides a social security number, the department shall keep the applicant's social security number confidential, except that the number may be provided to the department of public health and human services for use in administering Title IV-D of the Social Security Act. A public employee who purposely or knowingly discloses an individual's social security number without the individual's authorization for purposes not authorized by law commits the offense of official misconduct . A private employee who is authorized to issue licenses and who purposely or knowingly discloses an individual's social security number without the individual's authorization for purposes not authorized by law is guilty of a misdemeanor and upon conviction is subject to a fine of $500, imprisonment for up to 6 months, or both.

(6) The department shall delete the applicant's social security number in any electronic database 2 years after the date that application is made for the most recent license."

NEW SECTION. Section 3. Request for exemption. The department of public health and human services shall request a exemption from the requirement that an applicant for a hunting or fishing license provide a social security number on the application in order for the state to continue to receive federal funds.

NEW SECTION. Section 4. Effective date. [This act] is effective upon passage and approval.

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