Bill Summary – FastDemocracy

67th Legislature                                                                                                      SB 111.1
                                                    SENATE BILL NO. 111
                                                INTRODUCED BY B. MOLNAR
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   A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO CONDITIONAL HUNTING
   PERMITS FOR DISABLED PERSONS; CREATING A PERMIT TO HUNT WITH A CROSSBOW;
   ESTABLISHING CERTIFICATION, FEE, HUNTER SURVEY, AND REPORTING PROVISIONS; ELIMINATING
   THE REQUIREMENT THAT PERMIT TO HUNT FROM A VEHICLE HOLDERS HAVE COMPANIONS;
   REVISING RULEMAKING AUTHORITY; AMENDING SECTIONS 37-3-203, 87-1-301, 87-2-803, AND 87-2-
   817, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A TERMINATION DATE.”
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              NEW SECTION. Section 1. Permit to hunt with a crossbow -- reporting. (1) The department may
   issue a permit to hunt with a crossbow, on a form prescribed by the department, if the person applying for the
   permit meets the requirements of subsection (2). A person issued a permit to hunt with a crossbow may do so
   during any season in which archery is allowed subject to the provisions of subsection (3) and with the purchase
   of the necessary licenses and permits.
              (2) (a) A person qualifies for a permit to hunt with a crossbow, on payment of a fee of $10, if the
   person is certified by a licensed physician, as defined in 87-2-803, or a licensed physician assistant, as defined
   in 37-20-401, to have a permanent condition that severely limits the person's ability to draw and hold a long
   bow, a recurve bow, or a compound bow of sufficient draw weight to hunt a game animal, and the person:
              (i) purchased a Class A-2 special bow and arrow license in the past 3 years; or
              (ii) completed a bowhunter education course pursuant to 87-2-105 at least 1 year prior to applying for a
   permit to hunt with a crossbow.
              (b) Certification under this subsection (2) must be on a form prescribed by the department.
              (c)   The department or a person who disagrees with a certification of eligibility for a permit to hunt with
   a crossbow submitted pursuant to this subsection (2) may request a review by the board of medical examiners
   pursuant to 37-3-203.
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              (3) A person issued a permit to hunt with a crossbow may use a scope only if the scope is not battery
   assisted and has a magnification of no more than four times. While hunting, a crossbow may not be equipped
   with a mechanical arrow or bolt drop compensation device, including but not limited to jack plates.
              (4) A person issued a permit to hunt with a crossbow is automatically entitled to a permit to hunt with
   a crossbow for subsequent license years if the criteria for obtaining a permit do not change.
              (5) A person issued a permit to hunt with a crossbow shall complete hunter surveys issued by the
   department. At a minimum, the department shall survey each person regarding the season or seasons in which
   the person used the permit and the person's success rate, including the number of shots the person attempted,
   the estimated range of the shots, and whether the person harvested, wounded, or lost an animal as a result.
              (6) The department shall report, in accordance with 5-11-210, to the environmental quality council
   established by 5-16-101, on the number of persons issued a permit to hunt with a crossbow in the previous
   license year, the certified conditions that qualified the persons to obtain a permit, and the results of the hunter
   surveys received pursuant to subsection (5).
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              Section 2. Section 37-3-203, MCA, is amended to read:
              "37-3-203. Powers and duties -- rulemaking authority. (1) The board may:
              (a) adopt rules necessary or proper to carry out the requirements in Title 37, chapter 3, parts 1
   through 4, and of chapters covering podiatry, acupuncture, physician assistants, nutritionists, and emergency
   care providers as set forth in Title 37, chapters 6, 13, 20, and 25, and 50-6-203, respectively. Rules adopted for
   emergency care providers with an endorsement to provide community-integrated health care must address the
   scope of practice, competency requirements, and educational requirements.
              (b) hold hearings and take evidence in matters relating to the exercise and performance of the powers
   and duties vested in the board;
              (c)   aid the county attorneys of this state in the enforcement of parts 1 through 4 and 8 of this chapter
   as well as Title 37, chapters 6, 13, 20, and 25, and Title 50, chapter 6, regarding emergency care providers
   licensed by the board. The board also may assist the county attorneys of this state in the prosecution of
   persons, firms, associations, or corporations charged with violations of the provisions listed in this subsection
   (1)(c).
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              (d) review certifications of disability and determinations of eligibility for a permit to hunt from a vehicle
   as provided in 87-2-803(11) and certifications of conditions of eligibility for a permit to hunt with a crossbow as
   provided in [section 1]; and
              (e) fund additional staff, hired by the department, to administer the provisions of this chapter, by
   increasing license fees as necessary.
              (2) (a) The board shall establish a medical assistance program to assist and rehabilitate licensees
   who are subject to the jurisdiction of the board and who are found to be physically or mentally impaired by
   habitual intemperance or the excessive use of addictive drugs, alcohol, or any other drug or substance or by
   mental illness or chronic physical illness.
              (b) The board shall ensure that a licensee who is required or volunteers to participate in the medical
   assistance program as a condition of continued licensure or reinstatement of licensure must be allowed to
   enroll in a qualified medical assistance program within this state and may not require a licensee to enroll in a
   qualified treatment program outside the state unless the board finds that there is no qualified treatment program
   in this state.
              (3) (a) The board shall report annually on the number and types of complaints it has received
   involving physician practices in providing written certification, as defined in 50-46-302, for the use of marijuana
   for a debilitating medical condition provided for in Title 50, chapter 46. The report must contain:
              (i)   the number of complaints received by the board pursuant to 37-1-308;
              (ii) the number of complaints for which a reasonable cause determination was made pursuant to 37-1-
   307;
              (iii) the general nature of the complaints;
              (iv) the number of investigations conducted into physician practices in providing written certification;
   and
              (v)   the number of physicians disciplined by the board for their practices in providing written
   certification for the use of marijuana for a debilitating medical condition.
              (b) Except as provided in subsection (3)(c), the report may not contain individual identifying
   information regarding the physicians about whom the board received complaints.
              (c)   For each physician against whom the board takes disciplinary action related to the physician's
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   practices in providing written certification for the use of marijuana for a debilitating medical condition, the report
   must include:
              (i)   the name of the physician;
              (ii) the general results of the investigation of the physician's practices; and
              (iii) the disciplinary action taken against the physician.
              (d) The board shall provide the report to the children, families, health, and human services interim
   committee by August 1 of each year and shall make a copy of the report available on the board's website.
              (4) The board may enter into agreements with other states for the purposes of mutual recognition of
   licensing standards and licensing of physicians and emergency care providers from other states under the
   terms of a mutual recognition agreement."
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              Section 3. Section 87-1-301, MCA, is amended to read:
              "87-1-301. Powers of commission. (1) Except as provided in subsections (6) and (7), the
   commission:
              (a) shall set the policies for the protection, preservation, management, and propagation of the wildlife,
   fish, game, furbearers, waterfowl, nongame species, and endangered species of the state and for the fulfillment
   of all other responsibilities of the department related to fish and wildlife as provided by law;
              (b) shall establish the hunting, fishing, and trapping rules of the department;
              (c)   except as provided in 23-1-111 and 87-1-303(3), shall establish the rules of the department
   governing the use of lands owned or controlled by the department and waters under the jurisdiction of the
   department;
              (d) must have the power within the department to establish wildlife refuges and bird and game
   preserves;
              (e) shall approve all acquisitions or transfers by the department of interests in land or water, except as
   provided in 23-1-111 and 87-1-209(2) and (4);
              (f)   except as provided in 23-1-111, shall review and approve the budget of the department prior to its
   transmittal to the office of budget and program planning;
              (g) except as provided in 23-1-111, shall review and approve construction projects that have an
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   estimated cost of more than $1,000 but less than $5,000;
              (h) shall manage elk, deer, and antelope populations based on habitat estimates determined as
   provided in 87-1-322 and maintain elk, deer, and antelope population numbers at or below population estimates
   as provided in 87-1-323. In developing or implementing an elk management plan, the commission shall
   consider landowner tolerance when deciding whether to restrict elk hunting on surrounding public land in a
   particular hunting district. As used in this subsection (1)(h), "landowner tolerance" means the written or
   documented verbal opinion of an affected landowner regarding the impact upon the landowner's property within
   the particular hunting district where a restriction on elk hunting on public property is proposed.
              (i) shall set the policies for the salvage of antelope, deer, elk, or moose pursuant to 87-3-145; and
              (j) shall comply with, adopt policies that comply with, and ensure the department implements in each
   region the provisions of state wildlife management plans adopted following an environmental review conducted
   pursuant to Title 75, chapter 1, parts 1 through 3.
              (2) The Except as provided in [section 1], the commission may adopt rules regarding the use and type
   of archery equipment that may be employed for hunting and fishing purposes, taking into account applicable
   standards as technical innovations in archery equipment change.
              (3) The commission may adopt rules regarding the establishment of special licenses or permits,
   seasons, conditions, programs, or other provisions that the commission considers appropriate to promote or
   enhance hunting by Montana's youth and persons with disabilities.
              (4) (a) The commission may adopt rules regarding nonresident big game combination licenses to:
              (i) separate deer licenses from nonresident elk combination licenses;
              (ii) set the fees for the separated deer combination licenses and the elk combination licenses without
   the deer tag;
              (iii) condition the use of the deer licenses; and
              (iv) limit the number of licenses sold.
              (b) The commission may exercise the rulemaking authority in subsection (4)(a) when it is necessary
   and appropriate to regulate the harvest by nonresident big game combination license holders:
              (i)   for the biologically sound management of big game populations of elk, deer, and antelope;
              (ii) to control the impacts of those elk, deer, and antelope populations on uses of private property; and
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              (iii) to ensure that elk, deer, and antelope populations are at a sustainable level as provided in 87-1-
   321 through 87-1-325.
              (5) (a) Subject to the provisions of subsection (5)(b), the commission may adopt rules to:
              (i)   limit the number of nonresident mountain lion hunters in designated hunting districts; and
              (ii) determine the conditions under which nonresidents may hunt mountain lion in designated hunting
   districts.
              (b) The commission shall adopt rules for the use of and set quotas for the sale of Class D-4
   nonresident hound handler licenses by hunting district, portions of a hunting district, group of districts, or
   administrative regions. However, no more than two Class D-4 licenses may be issued in any one hunting
   district per license year.
              (c)   The commission shall consider, but is not limited to consideration of, the following factors:
              (i) harvest of lions by resident and nonresident hunters;
              (ii) history of quota overruns;
              (iii) composition, including age and sex, of the lion harvest;
              (iv) historical outfitter use;
              (v) conflicts among hunter groups;
              (vi) availability of public and private lands; and
              (vii) whether restrictions on nonresident hunters are more appropriate than restrictions on all hunters.
              (6) The commission may not regulate the use or possession of firearms, firearm accessories, or
   ammunition, including the chemical elements of ammunition used for hunting. This does not prevent:
              (a) the restriction of certain hunting seasons to the use of specified hunting arms, such as the
   establishment of special archery seasons;
              (b) for human safety, the restriction of certain areas to the use of only specified hunting arms,
   including bows and arrows, traditional handguns, and muzzleloading rifles;
              (c)   the restriction of the use of shotguns for the hunting of deer and elk pursuant to 87-6-401(1)(f);
              (d) the regulation of migratory game bird hunting pursuant to 87-3-403; or
              (e) the restriction of the use of rifles for bird hunting pursuant to 87-6-401(1)(g) or (1)(h).
              (7) Pursuant to 23-1-111, the commission does not oversee department activities related to the
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   administration of state parks, primitive parks, state recreational areas, public camping grounds, state historic
   sites, state monuments, and other heritage and recreational resources, land, and water administered pursuant
   to Title 23, chapter 1, and Title 23, chapter 2, parts 1, 4, and 9."
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              Section 4. Section 87-2-803, MCA, is amended to read:
              "87-2-803. Licenses for persons with disabilities -- definitions. (1) Persons with disabilities who
   are residents of Montana not residing in an institution and are certified as disabled as prescribed by
   departmental rule may purchase the following for one-half the cost:
              (a) a Class A fishing license;
              (b) a Class A-1 upland game bird license;
              (c)   a Class A-3 deer A tag;
              (d) a Class A-5 elk tag.
              (2) A person who has purchased a wildlife conservation license and a resident fishing license, game
   bird license, deer tag, or elk tag for a particular license year and who is subsequently certified as disabled is
   entitled to a refund for one-half of the cost of the fishing license, game bird license, deer tag, or elk tag
   previously purchased for that license year.
              (3) A person who is certified as disabled pursuant to subsection (4) and who was issued a permit to
   hunt from a vehicle for license year 2014 or a su