House Bill No. 220

Introduced By _______________________________________________________________________________

A Bill for an Act entitled: "An Act providing for the issuance of a Class B-12 outfitter-sponsored nonresident archery deer license; establishing the terms, conditions, and price of the Class B-12 license; and providing a delayed effective date."

Be it enacted by the Legislature of the State of Montana:

NEW SECTION. Section 1.  Class B-12--outfitter-sponsored nonresident archery deer license. (1) Except as otherwise provided in this chapter, a person who is not a resident, as defined in 87-2-102, but who will be 12 years of age or older prior to September 15 of the season for which the license is issued and is a holder of a nonresident conservation license may, upon payment of $150 and subject to the limitations prescribed by law and department regulation, purchase a Class B-12 outfitter-sponsored nonresident archery deer license that will entitle the holder to hunt deer with bow and arrow and to possess the carcass of the deer as authorized by department rules.

(2) Notwithstanding the provisions of 87-2-506:

(a) the Class B-12 license is valid throughout the state;

(b) an unlimited number of Class B-12 licenses may be sold in any license year; and

(c) the Class B-12 license entitles the holder to take a mule deer or white-tailed deer of either sex.

(3) An application for a Class B-12 license must contain a written affirmation that the applicant will hunt with bow and arrow with a licensed Montana outfitter and must indicate the name of the licensed outfitter with whom the applicant will hunt. In addition, the application must be accompanied by a certificate that is signed by a licensed outfitter and that affirms that the outfitter will:

(a)  accompany the applicant;

(b)  provide guiding services for the applicant;

(c)  direct the applicant's hunting for all deer hunted by the applicant under the license and advise the applicant of game and trespass laws of the state;

(d)  submit to the department, in a manner prescribed by the department, complete records of who hunted with the outfitter, where they hunted, and what game was taken; and

(e)  accept no monetary consideration for enabling the nonresident applicant to obtain a license or for providing any services or assistance to the nonresident applicant, except as provided in Title 37, chapter 47, and this title.

(4) A Class B-12 license is valid only when used in compliance with the affirmations of the applicant and outfitter required under subsection (3). If the sponsoring outfitter is unavailable, a Class B-12 outfitter-sponsored license may be used with a substitute licensed outfitter, in compliance with the affirmations under subsection (3), upon advance written notification to the board of outfitters by the sponsoring licensed outfitter or the substitute outfitter.

(5) An outfitter may include requests to sponsor Class B-12 licensees as part of the same process by which other outfitter-sponsored nonresident licenses are requested.

NEW SECTION. Section 2.  Codification instruction. [Section 1] is intended to be codified as an integral part of Title 87, chapter 2, part 5, and the provisions of Title 87, chapter 2, part 5, apply to [section 1].

NEW SECTION. Section 3.  Effective date. [This act] is effective March 1, 1998.