HOUSE BILL NO. 282
INTRODUCED BY J. LASZLOFFY, ANDERSEN, BALYEAT, BARRETT, DEE BROWN, CLANCY, DALE, ESP, FUCHS, LAIBLE, LEHMAN, LEWIS, K. MILLER, PATTISON, A. PETERSON, RICE, RIPLEY, ROME, SCHRUMPF, WAITSCHIES
A BILL FOR AN ACT ENTITLED: "AN ACT ELIMINATING THE REQUIREMENT THAT A
PERSON'S SOCIAL SECURITY NUMBER BE INCLUDED ON AN APPLICATION FOR A
MONTANA HUNTING, FISHING, OR TRAPPING LICENSE OR A WILDLIFE CONSERVATION
LICENSE; AMENDING SECTIONS 87-2-106 AND 87-2-202, MCA; AND PROVIDING AN
IMMEDIATE EFFECTIVE DATE AND AN A RETROACTIVE APPLICABILITY 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, 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 an amount 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) 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.
(10) The department shall delete an applicant's social security number in any electronic database 5
years after the date that application is made for the most recent license maintained by the department."
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,
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) 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.
(6) The department shall delete the applicant's social security number in any electronic database 5
years after the date that application is made for the most recent license maintained by the department."
NEW SECTION. Section 3. Effective date. [This act] is effective on passage and approval.
NEW SECTION. Section 4. Applicability RETROACTIVE APPLICABILITY. With regard to
an application for a new hunting, fishing, or trapping license or a new wildlife conservation license,
[this act] applies RETROACTIVELY, WITHIN THE MEANING OF 1-2-109, to license years
beginning on or after March 1, 2002 2001.
- END -
Latest Version of HB 282 (HB0282.02)
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