SENATE BILL NO. 10

INTRODUCED BY J. WELLS

A BILL FOR AN ACT ENTITLED: "AN ACT ELIMINATING THE REQUIREMENT THAT AN APPLICANT FOR A HUNTING OR FISHING LICENSE INCLUDE THE APPLICANT'S SOCIAL SECURITY NUMBER ON 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 FOR HUNTING OR FISHING LICENSES; PROVIDING THAT THE REQUEST FOR EXEMPTION REFLECT A TRACKING SYSTEM DEVELOPED BY THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES; AMENDING SECTIONS 87-2-106 AND 87-2-202, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A CONTINGENT TERMINATION 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, 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 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.

"

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, 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.

"

NEW SECTION. Section 3. Request for exemption. The department of public health and human services shall request an 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. The request for an exemption must contain the draft tracking system provided for in [section 4].

NEW SECTION. Section 4. Draft tracking system -- rulemaking authority. (1) The department shall develop an alternative method of using an identifier other than social security numbers to be used to track parents who are delinquent in the payment of child support. The alternative method, which may include driver's license numbers or other identification specified by the department, must apply to applicants for hunting and fishing licenses and may apply to other recreational license applicants. The department shall complete its draft within 60 days after [the effective date of this act]. The department may solicit assistance from the department of fish, wildlife, and parks.

(2) The department may adopt rules necessary to implement the draft tracking system if the exemption provided for in [section 3] is granted.

NEW SECTION. Section 5. Draft tracking system -- rulemaking authority. The department may adopt rules necessary to implement the draft tracking system if the exemption provided for in [section 3] is granted.

NEW SECTION. Section 6. Contingent termination. [This act] terminates on the date that the director of the department of public health and human services certifies to the governor and the secretary of state that the federal government has denied the request for exemption, withheld funds, or notified the department in writing that it will withhold funds because Montana does not require that an applicant for a hunting or fishing license provide the applicant's social security number on the application for the license.

NEW SECTION. Section 7. Codification instruction. (1) [Section 4] is intended to be codified as an integral part of Title 40, chapter 5, part 2, and the provisions of Title 40, chapter 5, part 2, apply to [section 4].

(2) [Section 5] is intended to be codified as an integral part of Title 87, chapter 2, part 4, and the provisions of Title 87, chapter 2, part 4, apply to [section 5].

NEW SECTION. Section 8. Effective date. [This act] is effective on passage and approval .

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