Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                             HB 635.1
                                                HOUSE BILL NO. 635
   INTRODUCED BY J. KASSMIER, E. BUTTREY, D. SALOMON, J. WELBORN, J. COHENOUR, D. LOGE, W.
    SALES, D. HARVEY, B. GILLESPIE, M. MARLER, P. FLOWERS, G. PARRY, T. VERMEIRE, P. GREEN, J.
                                                 KARLEN, R. LYNCH
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  A BILL FOR AN ACT ENTITLED: “AN ACT ESTABLISHING A LANDOWNER PREFERENCE POOL FOR
  CLASS B-10 NONRESIDENT BIG GAME COMBINATION LICENSES; ALLOWING PURCHASE OF AN
  ADDITIONAL BONUS POINT FOR CERTAIN NONRESIDENT LANDOWNERS; PROVIDING RULEMAKING
  AUTHORITY; AMENDING SECTION 87-2-115, MCA; AND PROVIDING A DELAYED EFFECTIVE DATE.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          NEW SECTION. Section 1.         Landowner preference for Class B-10 nonresident big game
  combination license. (1) Subject to the provisions of subsection (6), 15% of licenses issued under 87-2-505
  may be placed in a landowner preference pool for nonresident landowners to hunt only on property the
  landowner owns in fee title or on other private property the landowner leases to produce a crop as defined in
  80-8-102.
          (2)      A nonresident landowner of record may designate an immediate family member to receive the
  license issued under this section. For purposes of this section, an immediate family member means a spouse,
  parent, grandparent, child, grandchild, sibling, niece, or nephew of the landowner by blood, marriage, or legal
  adoption.
          (3)      (a) To qualify to receive a Class B-10 license pursuant to this section, the landowner must own
  at least 2,500 contiguous acres in fee title. Subject to the provisions of subsections (3)(b) and (5), for each
  additional 2,500 contiguous acres owned by the landowner, the department may issue to the landowner or the
  landowner’s immediate family members an additional Class B-10 license up to a maximum of five Class B-10
  licenses per qualifying landowner.
          (b)      An individual may not hold more than one Class B-10 license.
          (4)      Applicants must pay the full Class B-10 license fee established in 87-2-505.
                                                               -1-                      Authorized Print Version – HB 635
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68th Legislature 2023                                                                                              HB 635.1
          (5)      If there is a sufficient number of licenses set forth in subsection (1) and multiple applications
  made per qualifying landowner, the department shall issue one license to each qualifying landowner or the
  landowner's immediate family member before it issues a second or subsequent license to any landowner or the
  landowner's immediate family member. All Class B-10 licenses not issued pursuant to this section shall be
  returned to the general draw pool available to all applicants pursuant to 87-2-505.
          (6)      The commission may, by rule, limit the overall number of licenses that can be provided to
  landowners or their immediate family members pursuant to this section to less than 15% of those available
  pursuant to 87-2-505.
          (7)      A landowner who receives a license pursuant to this section and who was enrolled in a
  department-administered private land hunting access program in the previous license year may purchase an
  additional bonus point for an elk or deer license or permit drawing for the fee established in 87-2-113.
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          Section 2. Section 87-2-115, MCA, is amended to read:
          "87-2-115.   Nonresident elk and deer license preference point system. (1) The department shall
  establish a preference point system to distribute Class B-10 nonresident big game combination licenses and
  Class B-11 nonresident deer combination licenses.
          (2)      Nonresidents applying to purchase a Class B-10 or Class B-11 license may purchase a
  preference point, upon payment of a nonrefundable $100 fee, that gives an applicant who has more preference
  points priority to receive a Class B-10 or Class B-11 license over an applicant who has purchased fewer
  preference points.
          (3)      An applicant may:
          (a)      purchase only one preference point per license year except a nonresident hunting with an
  outfitter licensed pursuant to Title 37, chapter 47, part 3, and providing the documentation required in
  subsection (8), may purchase two preference points per license year. No applicant may accumulate more than
  three preference points total.
          (b)      purchase a preference point without applying for a Class B-10 or Class B-11 license. An
  applicant not applying for a Class B-10 or Class B-11 license may purchase a preference point only between
  July 1 and December 31 of that license year.
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68th Legislature 2023                                                                                              HB 635.1
           (4)     (a) The department shall delete an applicant's accumulated preference points if the applicant:
           (i)     obtains a Class B-10 or Class B-11 license; or
           (ii)    does not apply for a Class B-10 or Class B-11 license in consecutive years.
           (b)     If an applicant is unsuccessful in drawing a Class B-10 or Class B-11 license, the department
  shall allow the applicant to keep and apply preference points to subsequent drawings if done in consecutive
  years.
           (5)     The Subject to the provisions of [section 1], the department shall issue 75% of the Class B-10
  and Class B-11 licenses made available for purchase pursuant to 87-2-505 and 87-2-510 by drawings in which
  the licenses are awarded to applicants in the order of which applicants have purchased the greatest number of
  preference points. If the number of licenses to be issued under this subsection exceeds the number of
  applicants who have purchased preference points, the remaining licenses must be added to the licenses issued
  pursuant to subsection (6).
           (6)     The Subject to the provisions of [section 1], the department shall issue 25% of the Class B-10
  and Class B-11 licenses made available for purchase pursuant to 87-2-505 and 87-2-510 by drawings in which
  the licenses are awarded to applicants who have not purchased any preference points. If the number of
  licenses to be issued under this subsection exceeds the number of applicants who have not purchased
  preference points, the remaining licenses must be added to the licenses issued pursuant to subsection (5).
           (7)     Up to five applicants may apply as a party under this section. The department shall use an
  average of the number of preference points accumulated by those applicants to determine their priority in
  receiving licenses issued pursuant to subsection (5). The department shall calculate the average rounded to the
  third decimal place.
           (8)     A nonresident purchasing a second preference point pursuant to subsection (3)(a) shall provide
  written affirmation at the time of application indicating the name and license number of the outfitter with whom
  the person intends to hunt. If the nonresident obtains the license applied for with the preference points
  purchased pursuant to subsection (3)(a), the nonresident may only use the license when accompanied by an
  outfitter or the outfitter's designee licensed to provide guiding services.
           (9)     (a) Fees collected from a nonresident purchasing a second preference point pursuant to
  subsection (3)(a) must be allocated as follows:
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68th Legislature 2023                                                                                                HB 635.1
          (i)      25% to public access land agreements established pursuant to 87-1-295;
          (ii)     25% to hunting access programs established pursuant to 87-1-265;
          (iii)    25% to the future fisheries program established in 87-1-272 with a priority given to funding
  projects that provide public access through private property; and
          (iv)     25% to the purchase of permanent easements through private property to access otherwise
  inaccessible lands. An easement funded by this subsection (9)(a)(iv) may be granted only across private land to
  public land that is leased by the landowner, public land for which there is no leaseholder, or public land for
  which the landowner has consent of the leaseholder.
          (b)      The department may expend up to 10% of the revenue allocated pursuant to subsection (9)(a)
  to pay administrative costs incurred by the department for the purposes outlined in subsection (9)(a), including
  but not limited to contracting and transaction costs incurred by the department or entities partnering with the
  department, and for providing support to the private land/public wildlife advisory committee for its review of
  public access land agreements pursuant to 87-1-295.
          (c)      At the end of each fiscal year, funds allocated pursuant to subsection (9)(a) that remain
  unobligated are available to the department for any purpose pursuant to 87-1-201(3)."
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          NEW SECTION. Section 3.          Codification instruction. [Section 1] is intended to be codified as an
  integral part of Title 87, chapter 2, part 7, and the provisions of Title 87, chapter 2, part 7, apply to [section 1].
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          NEW SECTION. Section 4.          Effective date. [This act] is effective March 1, 2024.
                                                          - END -
                                                                 -4-                      Authorized Print Version – HB 635
Statutes affected: 
HB0635_1.pdf: 87-2-115
Introduced: 87-2-115