1999 Montana Legislature

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HOUSE BILL NO. 267

INTRODUCED BY B. MOLNAR, S. KITZENBERG, D. MCGEE,

K. MILLER, B. RANEY, L. SOFT



A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING THAT CLASS B-7 NONRESIDENT DEER A TAGS MAY NOT BE SOLD SEPARATELY, BUT ONLY AS PART OF A CLASS B-10 OR CLASS B-11 NONRESIDENT COMBINATION LICENSE; PROVIDING THAT CLASS B-7 LICENSES THAT ARE SEPARATED FROM CLASS B-10 LICENSES MAY NOT BE SOLD SEPARATELY OR SOLD AS PART OF A CLASS B-11 COMBINATION LICENSE; AMENDING SECTIONS 87-1-242, 87-2-504, AND 87-2-512, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



     Section 1.  Section 87-1-242, MCA, is amended to read:

     "87-1-242.  (Temporary) Funding for wildlife habitat. (1) The amount of money specified in this subsection from the sale of each hunting license or permit listed must be used exclusively by the commission to secure, develop, and maintain wildlife habitat, subject to appropriation by the legislature.

     (a)  Class B-10, nonresident combination, $77;

     (b)  Nonresident antelope, $20;

     (c)  Nonresident moose, $20;

     (d)  Nonresident mountain goat, $20;

     (e)  Nonresident mountain sheep, $20;

     (f)  Class D-1, nonresident mountain lion, $20;

     (g)  Nonresident black bear, $20;

     (h)  Nonresident wild turkey, $10;

     (i)  Class AAA, sportsman's, $7;

     (j)  Class B-11 nonresident deer combination, $200.

     (2)  Twenty percent of any increase in the fee for the Class B-7 license or any a license or permit listed in subsection (1), except outfitter-sponsored Class B-10 and Class B-11 licenses subject to variable pricing under 87-1-268, must be allocated for use as provided in subsection (1).

     (3)  Eighty percent of the money allocated by this section, together with the interest and income from the money, must be used to secure wildlife habitat pursuant to 87-1-209.

     (4)  Twenty percent of the money allocated by this section must be used as follows:

     (a)  up to 50% a year may be used for development and maintenance of real property used for wildlife habitat; and

     (b) the remainder and any money not allocated for development and maintenance under subsection (4)(a) by the end of each odd-numbered fiscal year must be credited to the account created by 87-1-601(5) for use in the manner prescribed for the development and maintenance of real property used for wildlife habitat. (Terminates October 1, 2001--sec. 18, Ch. 459, L. 1995.)

     87-1-242.  (Effective October 1, 2001) Funding for wildlife habitat. (1) The amount of money specified in this subsection from the sale of each hunting license or permit listed must be used exclusively by the commission to secure, develop, and maintain wildlife habitat, subject to appropriation by the legislature.

     (a)  Class B-10, nonresident combination, $77;

     (b)  Nonresident antelope, $20;

     (c)  Nonresident moose, $20;

     (d)  Nonresident mountain goat, $20;

     (e)  Nonresident mountain sheep, $20;

     (f)  Class D-1, nonresident mountain lion, $20;

     (g)  Nonresident black bear, $20;

     (h)  Wild turkey nonresident, $10;

     (i)  Class AAA, sportsman's, $7;

     (j)  Class B-11 nonresident deer combination, $200.

     (2)  Twenty percent of any increase after March 1, 1988, in the fee for the Class B-7 license or any a license or permit listed in subsection (1) must be allocated for use as provided in subsection (1).

     (3)  Eighty percent of the money allocated by this section, together with the interest and income therefrom from the money, must be used to secure wildlife habitat pursuant to 87-1-209.

     (4)  (a) Until March 1, 1991, 20% of the money allocated by this section must be credited to the account created by 87-1-601(5) for use in the manner prescribed therein for the development and maintenance of real property used for wildlife habitat.

     (b)  On and after March 1, 1991, 20% Twenty percent of the money allocated by this section must be used as follows:

     (i)(a)  up to 50% a year may be used for development and maintenance of real property used for wildlife habitat; and

     (ii)(b)  the remainder and any money not allocated for development and maintenance under subsection (4)(b)(i) (4)(a) by the end of each odd-numbered fiscal year must be credited to the account created by 87-1-601(5) for use in the manner prescribed therein for the development and maintenance of real property used for wildlife habitat. (Terminates March 1, 2006--secs. 1, 2, Ch. 241, L. 1993.)"



     Section 2.  Section 87-2-504, MCA, is amended to read:

     "87-2-504.  (Temporary) Class B-7 and B-8--nonresident deer licenses. (1) (a) 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 the proper fee or fees and subject to the limitations prescribed by law and department regulation, be entitled to apply to the fish and game office, Helena, Montana, to purchase one each of the following licenses:

     (i)  Class B-7, deer A tag, $175;

     (ii) a Class B-8, deer B tag, for $75.

     (b)  The license entitles the holder to hunt the game animal or animals authorized by the license and to possess the carcasses carcass of those animals that animal as authorized by commission rules.

     (2)  Unless purchased as part of a Class B-10 or Class B-11 license, a Class B-7 license may be assigned for use in a specific administrative region or regions or a portion of a specific administrative region or regions or in a specific hunting district or districts or a portion of a specific hunting district or districts. A Class B-7 deer A tag may be purchased only as part of a Class B-10 or Class B-11 license. Purchase of a Class B-7 license as part of a Class B-10 or Class B-11 license entitles the holder to hunt the animal authorized by the Class B-7 license and to possess the carcass of that animal as authorized by department rules. If When purchased as part of a Class B-10 or Class B-11 license, the Class B-7 license is valid throughout the state, except as provided in 87-2-512(1)(d). Not more than 5,000 Class B-7 licenses may be sold in any license year.

     (3)  The commission may prescribe the use of and set quotas for the sale of Class B-8 licenses by hunting districts, portions of a hunting district, groups of districts, or administrative regions. (Terminates October 1, 2001--sec. 6, Ch. 355, L. 1997.)

     87-2-504.  (Effective October 1, 2001) Class B-7 and B-8--nonresident deer licenses. (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 the proper fee or fees and subject to the limitations prescribed by law and department regulation, be entitled to apply to the fish and game office, Helena, Montana, to purchase one each of the following licenses: Class B-7, deer A tag, $150; a Class B-8, deer B tag, for $50; and will entitle. The license entitles the holder to hunt the game animal or animals authorized by the license held and to possess the carcasses carcass of those animals that animal as authorized by department rules. Unless purchased as part of a B-10 or B-11 license, a Class B-7 license must be assigned for use in a specific administrative region or portion of a specific administrative region.

     (2) A Class B-7 deer A tag may be purchased only as part of a Class B-10 or Class B-11 license. Purchase of a Class B-7 license as part of a Class B-10 or Class B-11 license entitles the holder to hunt the animal authorized by the Class B-7 license and to possess the carcass of that animal as authorized by department rules. If When purchased as part of a Class B-11 license, the Class B-7 license is valid throughout the state. Not more than 5,000 Class B-7 licenses may be sold in any license year. Money received from the sale of Class B-7 licenses in excess of 1,700 must be used as provided in 87-1-242(1). (Terminates March 1, 2006--secs. 1, 2, Ch. 241, L. 1993.)

     87-2-504.  (Effective March 1, 2006) Class B-7 and B-8--nonresident deer licenses. (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 the proper fee or fees and subject to the limitations prescribed by law and department regulation, be entitled to apply to the fish and game office, Helena, Montana, to purchase one each of the following licenses: Class B-7, deer A tag, $100; a Class B-8, deer B tag, for $50; and will entitle. The license entitles the holder to hunt the game animal or animals authorized by the license held and to possess the carcasses carcass of those animals that animal as authorized by department rules. Unless purchased as part of a B-10 or B-11 license, a Class B-7 license must be assigned for use in a specific administrative region or portion of a specific administrative region.

     (2) A Class B-7 deer A tag may be purchased only as part of a Class B-10 or Class B-11 license. Purchase of a Class B-7 license as part of a Class B-10 or Class B-11 license entitles the holder to hunt the animal authorized by the Class B-7 license and to possess the carcass of that animal as authorized by department rules. If When purchased as part of a Class B-11 license, the Class B-7 license is valid throughout the state."



     Section 3.  Section 87-2-512, MCA, is amended to read:

     "87-2-512.  (Temporary) Separation of Class B-7 license from Class B-10 license for deer management purposes -- disposition of license revenue. (1) The commission may by rule separate the Class B-7 license from the Class B-10 license and sell the separated Class B-7 license, giving a preference to any Class B-10 license holder to purchase one of the separated Class B-7 licenses. In the case of separated Class B-7 licenses that are not purchased by Class B-10 license holders licenses, the commission, for purposes of sound deer management,:

     (a)  may authorize the sale of not more than 5,000 Class B-7 licenses that have been separated from the Class B-10 licenses, as limited by 87-2-504;

     (b)  may authorize all or a portion of the separated Class B-7 licenses to be sold as Class B-11 combination licenses;

     (c)  shall set the fees for the separated licenses as follows:

     (i)  the fee for a Class B-10 license without the deer tag may at not be more than the fee set in 87-2-505 for licenses in the general category AND AT NOT MORE THAN THE FEE SET BY THE COMMISSION FOR LICENSES IN THE OUTFITTER-SPONSORED CATEGORY AS SPECIFIED IN 87-1-268 and may not be more than the fee set by the commission for licenses in the outfitter-sponsored category as specified in 87-1-268; and

     (ii) the fee for the separated Class B-11 licenses may not be more than the fees specified in 87-2-510 for licenses in the general and landowner-sponsored categories and may not be more than the fee set by the commission for licenses in the outfitter-sponsored category as specified in 87-1-268;

     (d)  may assign the separated Class B-7 or Class B-11 licenses for use in specific administrative regions, portions of administrative regions, hunting districts, or portions of hunting districts;

     (e)  may allocate a portion of the separated Class B-7 or Class B-11 licenses among the general and landowner-sponsored categories established in 87-2-510 and 87-2-511 but not count those licenses as part of the statutory quotas, with the Class B-7 licenses then subject to the requirements and procedures of 87-2-511;

     (f)  may allocate a portion of the separated Class B-7 or Class B-11 licenses to the outfitter-sponsored category subject to the requirements and procedures of 87-2-511, except that licenses in the outfitter-sponsored category may not comprise more than one-third of the licenses issued pursuant to this section and the number issued, when added to the number of Class B-11 licenses issued under 87-1-268, may not exceed 2,300 in any license year; and

     (g)  may condition the separated Class B-7 and Class B-11 licenses as appropriate and necessary to manage the harvest of deer, including restricting the use of a license to either mule deer or whitetail deer.

     (2)  The revenue from any Class B-11 licenses that have been separated from Class B-10 licenses must be deposited in the state special revenue account to the credit of the department and not allocated pursuant to other statutory requirements generally applicable to Class B-11 licenses. The revenue from Class B-10 licenses sold without a deer tag must be allocated in the same manner as revenue from Class B-10 licenses sold with a deer tag. Class B-7 licenses that are separated from Class B-10 licenses pursuant to this section may not be sold as a separate license. (Terminates October 1, 2001--sec. 6, Ch. 355, L. 1997.)"



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

- END -




Latest Version of HB 267 (HB0267.02)
Processed for the Web on February 3, 1999 (4:51PM)

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