Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                          HB 521.1
                                                HOUSE BILL NO. 521
                                             INTRODUCED BY D. LOGE
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  A BILL FOR AN ACT ENTITLED: “AN ACT REVISING REQUIREMENTS FOR RECREATIONAL USE ON
  LANDS MANAGED BY STATE AGENCIES; EXPANDING THE APPLICABILITY OF CONSERVATION
  LICENSES TO INCLUDE ALL GENERAL RECREATION; EXPANDING THE EXISTING AGREEMENT
  AUTHORITY BETWEEN THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS AND THE DEPARTMENT
  OF NATURAL RESOURCES AND CONSERVATION; REVISING "WILDLIFE CONSERVATION LICENSES"
  TO "CONSERVATION LICENSES"; ESTABLISHING REPORTING REQUIREMENTS; PROVIDING AN
  APPROPRIATION; AMENDING SECTIONS 37-47-303, 37-47-304, 40-5-701, 76-17-102, 77-1-801, 77-1-802,
  77-1-815, 81-7-123, 87-1-266, 87-1-506, 87-2-106, 87-2-201, 87-2-202, 87-2-204, 87-2-403, 87-2-519, 87-2-
  525, 87-2-801, 87-2-803, 87-2-805, 87-2-815, 87-2-816, 87-2-817, 87-2-818, 87-6-302, AND 87-6-303, MCA;
  AND PROVIDING AN EFFECTIVE DATE.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          Section 1. Section 37-47-303, MCA, is amended to read:
          "37-47-303. Guide's qualifications. An applicant for a guide's license must:
          (1)      be 18 years of age or older and be physically capable and mentally competent to perform the
  duties of a guide;
          (2)      be endorsed and recommended by an outfitter with a valid license, unless otherwise qualified
  under guide standards established by the board pursuant to 37-47-201(4); and
          (3)      have been issued a valid wildlife conservation license."
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          Section 2. Section 37-47-304, MCA, is amended to read:
          "37-47-304. Application. (1) Each applicant for an outfitter's or guide's license shall apply for a
  license on a form furnished by the department.
          (2)      The application for an outfitter's license must include:
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68th Legislature 2023                                                                                              HB 521.1
          (a)      the applicant's full name, address, wildlife conservation license number, and telephone
  number;
          (b)      the applicant's years of experience as an outfitter or guide; and
          (c)      components of the outfitter's operations plan as required by board rule, which may include:
          (i)      an affidavit by the outfitter to the board that the amount and kind of equipment that is owned,
  leased, or contracted for by the applicant is sufficient and satisfactory for the services advertised or
  contemplated to be performed by the applicant; and
          (ii)     a description of any land, water body, or portion of a water body that will be utilized by the
  applicant while providing services. A description is not required for the use of private lands that allow
  unrestricted public access and are managed under cooperative agreements with adjacent public lands.
          (3)      An application for an outfitter's license must be in the name of an individual person only. An
  application involving a business entity must be made by one individual person who qualifies under the
  provisions of this part. A license issued pursuant to this part must be in the name of that person. Any revocation
  or suspension of a license is binding upon the individual person and the business entity for the use and benefit
  of which the license was originally issued.
          (4)      Application must be made to and filed with the board.
          (5)      Only one application for an outfitter's license may be made in any license year. If an application
  is denied, subsequent applications by the same applicant for the license year involved are void, except as
  provided in 37-47-308."
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          Section 3. Section 40-5-701, MCA, is amended to read:
          "40-5-701.   Definitions. As used in this part, the following definitions apply:
          (1)      (a) "Child" means:
          (i)      a person under 18 years of age who is not emancipated, self-supporting, married, or a member
  of the armed forces of the United States;
          (ii)     a person under 19 years of age who is still in high school;
          (iii)    a person who is mentally or physically incapacitated when the incapacity began prior to that
  person reaching 18 years of age; and
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68th Legislature 2023                                                                                                 HB 521.1
          (iv)     in IV-D cases, a person for whom:
          (A)      support rights are assigned under 53-2-613;
          (B)      a public assistance payment has been made;
          (C)      the department is providing support enforcement services under 40-5-203; or
          (D)      the department has received a referral for IV-D services under the provisions of the Uniform
  Interstate Family Support Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform
  Reciprocal Enforcement of Support Act, or Title IV-D of the Social Security Act.
          (b)      The term may not be construed to limit the ability of the department to enforce a support order
  according to its terms when the order provides for support extending beyond the time the child reaches 18
  years of age.
          (2)      "Conservation activity" means an activity for which a wildlife conservation license is issued by
  the department of fish, wildlife, and parks pursuant to 87-2-201.
          (3)      "Delinquency" means a support debt or support obligation due under a support order in an
  amount greater than or equal to 6 months' support payments as of the date of service of a notice of intent to
  suspend a license.
          (4)      "Department" means the department of public health and human services.
          (5)      "License" means a license, certificate, registration, permit, or any other authorization issued by
  an agency of the state of Montana granting a person a right or privilege to engage in a business, occupation,
  profession, conservation activity, or any other privilege that is subject to suspension, revocation, forfeiture,
  termination, or a declaration of ineligibility to purchase by the licensing authority prior to its date of expiration.
          (6)      "Licensing authority" means any department, division, board, agency, or instrumentality of this
  state that issues a license.
          (7)      "Obligee" means:
          (a)      a person to whom a support debt or support obligation is owed; or
          (b)      a public agency of this or another state or an Indian tribe that has the right to receive current or
  accrued support payments or that is providing support enforcement services under this chapter.
          (8)      "Obligor" means a person who owes a duty of support or who is subject to a subpoena or
  warrant in a paternity or child support proceeding.
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68th Legislature 2023                                                                                               HB 521.1
            (9)    "Order suspending a license" means an order issued by a support enforcement entity to
  suspend a license. The order must contain the name of the obligor, the type of license, and, if known, the social
  security number of the obligor.
            (10)   "Payment plan" includes but is not limited to a plan approved by the support enforcement entity
  that provides sufficient security to ensure compliance with a support order and that incorporates voluntary or
  involuntary income withholding under part 3 or 4 of this chapter or a similar plan for periodic payment of a
  support debt and, if applicable, current and future support.
            (11)   "Subpoena" means a writ or order issued by a court or the department in a proceeding or as
  part of an investigation related to the paternity or support of a child that commands a person to appear at a
  particular place and time to testify or produce documents or things under the person's control.
            (12)   "Support debt" or "support obligation" means the amount created by the failure to provide or
  pay:
            (a)    support to a child under the laws of this or any other state or under a support order;
            (b)    court-ordered spousal maintenance or other court-ordered support for the child's custodial
  parent;
            (c)    fines, fees, penalties, interest, and other funds and costs that the support enforcement entity is
  authorized to collect by the use of any procedure available to the entity for the payment, enforcement, and
  collection of child support or spousal maintenance or support; or
            (d)    contributions ordered pursuant to 41-5-1525.
            (13)   "Support enforcement entity" means:
            (a)    in IV-D cases, the department; or
            (b)    in all other cases, the district court that entered the support order or a district court in which the
  support order is registered.
            (14)   (a) "Support order" means an order that provides a determinable amount for temporary or final
  periodic payment of a support debt or support obligation and that may include payment of a determinable or
  indeterminable amount for insurance covering the child issued by:
            (i)    a district court of this state;
            (ii)   a court of appropriate jurisdiction of another state, an Indian tribe, or a foreign country;
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68th Legislature 2023                                                                                              HB 521.1
           (iii)    an administrative agency pursuant to proceedings under Title 40, chapter 5, part 2; or
           (iv)     an administrative agency of another state or an Indian tribe with a hearing function and process
  similar to those of the department.
           (b)      If an action for child support is commenced under this part and the context so requires, support
  order also includes:
           (i)      judgments and orders providing periodic payments for the maintenance or support of the child's
  custodial parent; and
           (ii)     amounts for the recovery of fines, fees, penalties, interest, and other funds and costs that the
  support enforcement entity is authorized to collect by the use of any procedure available to the entity for the
  payment, enforcement, and collection of child support or spousal maintenance or support.
           (15)     "Suspension" includes the withdrawal, withholding, revocation, forfeiture, or nonissuance of a
  license and license privileges.
           (16)     "Warrant" means a bench warrant, a warrant to appear, an order to show cause, or any other
  order issued by a court relating to the appearance of a party in a paternity or child support proceeding.
           (17)     "IV-D case" means a case in which the department is providing support enforcement services
  as a result of:
           (a)      an assignment of support rights under 53-2-613;
           (b)      a payment of public assistance;
           (c)      an application for support enforcement services under 40-5-203; or
           (d)      a referral for services from an agency of another state or an Indian tribe under the provisions of
  the Uniform Reciprocal Enforcement of Support Act, the Revised Uniform Reciprocal Enforcement of Support
  Act, the Uniform Interstate Family Support Act, or Title IV-D of the Social Security Act."
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           Section 4. Section 76-17-102, MCA, is amended to read:
           "76-17-102. (Temporary) Montana public land access network grant program -- donations --
  rulemaking. (1) There is a Montana public land access network grant program. An individual or organization
  may seek a grant from the program to secure public access through private land to public land, as defined in
  15-30-2380, for which there is no other legal public access or to enhance existing access to public land.
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68th Legislature 2023                                                                                           HB 521.1
          (2)      The grant program is funded by private donations. State agencies shall, as appropriate,
  facilitate private donations to the Montana public land access network account established in 76-17-103,
  including but not limited to the following methods:
          (a)      a donation by a person of $1 or more above the price of a wildlife conservation license
  purchased pursuant to 87-2-202; and
          (b)      a donation by a person, as defined in 2-4-102, through the websites of the department of
  natural resources and conservation, the department of fish, wildlife, and parks, and the state of Montana.
          (3)      (a) The department of natural resources and conservation shall adopt a logo for the Montana
  public land access network grant program, using the acronym "MT-PLAN". The department of natural resources
  and conservation and the department of fish, wildlife, and parks shall use the logo on signs and maps indicating
  the locations and access points of public lands made accessible through the grant program.
          (b)      Subject to the limitations provided in 76-17-103(4), either department may be reimbursed from
  the Montana public land access network account established in 76-17-103 for reasonable costs, as determined
  by the board, that are associated with subsection (3)(a).
          (4)      The department of natural resources and conservation may adopt rules to implement the
  provisions of this part. (Terminates June 30, 2027--sec. 10, Ch. 374, L. 2017.)"
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          Section 5. Section 77-1-801, MCA, is amended to read:
          "77-1-801.   (Temporary) Recreational use license required to use state lands for general
  recreational purposes -- penalty -- exemption. (1) Except as provided in subsection (3) (2), a person 12
  years of age or older shall obtain an annual recreational use license pursuant to 77-1-802 to use state lands, as
  defined in 77-1-101, for general recreational purposes.
          (2)   Except as provided in subsection (3), a person shall, upon the request of a peace officer or fish
  and game warden, present for inspection the person's recreational use license.
          (3)(2)   If the department and the department of fish, wildlife, and parks consent to and sign an
  agreement for hunting, fishing, and trapping purposes general recreational use pursuant to, as provided in 77-
  1-815, a person is not only required to obtain a recreational use conservation license for general recreational
  use of legally accessible state trust land for hunting, fishing, and trapping purposes.
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68th Legislature 2023                                                                                              HB 521.1
           (3)     A person shall, on the request of a peace officer or fish and game warden, present for
  inspection the person's conservation license.
           (4)     A violator of subsection (1) or (2) this section or department rules pertaining to the use of state
  trust land is guilty of a misdemeanor and shall be fined not less than $50 or more than $500 or be imprisoned in
  the county jail for not more than 6 months, or both. (Void on occurrence of contingency--sec. 8, Ch. 596, L.
  2003.)
           77-1-801. (Effective on occurrence of contingency) Recreational use license required to use
  state lands for general recreational purposes -- penalty. (1) A person 12 years of age or older shall obtain
  an annual recreational use license pursuant to 77-1-802 to use state lands, as defined in 77-1-101, for general
  recreational purposes.
           (2)     A person shall, upon the request of a peace officer or fish and game warden, present for
  inspection the person's recreational use license.
           (3)     A violator of subsection (1) or (2) is guilty of a misdemeanor and shall be fined not less than
  $50 or more than $500 or be imprisoned in the county jail for not more than 6 months, or both."
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           Section 6. Section 77-1-802, MCA, is amended to read:
           "77-1-802.   (Temporary) Recreational use -- fee. (1) The fee for general recreational use on state
  trust land must attain full market value whether the license is sold on an individual basis or on a group basis
  through pursuant to 77-1-801 or under an agreement with the department of fish, wildlife, and parks as provided
  in 77-1-815.
           (2)     Money received by the department from the sale of recreational use licenses for general
  recreational use of state lands must be credited as follows:
           (a)     Except as provided in subsection (2)(b), license fees must be apportioned on a pro rata basis
  to the land trusts, in proportion to the respective trust's percentage of acreage in the total acreage of all state
  land trusts.
           (b)     Revenue from recreational use lice