Bill Summary – FastDemocracy

67th Legislature                                                                                                     HB 160.1
                                                   HOUSE BILL NO. 160
                                               INTRODUCED BY S. KERNS
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   A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATED TO HUNTING AND
   FISHING LICENSES FOR RESIDENT DISABLED VETERANS AND MEMBERS OF THE ARMED FORCES;
   ALLOWING CERTAIN RESIDENT DISABLED VETERANS AND MEMBERS OF THE ARMED FORCES TO
   RECEIVE FREE HUNTING AND FISHING LICENSES; PROVIDING ELIGIBILITY REQUIREMENTS;
   PROVIDING REFUNDS TO THOSE WHO PURCHASE LICENSES BEFORE QUALIFYING FOR FREE
   LICENSES; AMENDING SECTIONS 87-2-202, 87-2-506, 87-2-706, 87-2-803, AND 87-2-817, 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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              Section 1. Section 87-2-202, MCA, is amended to read:
              "87-2-202.   Application -- fee. (1) Except as provided in 87-2-817(2), a wildlife conservation license
   must be sold upon written application. The application must contain the applicant's name, age, [last four digits
   of the applicant's 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, a tribal 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 or to receive a free wildlife conservation license pursuant to 87-2-817(2).
              (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 $8, of which 25 cents is
   a search and rescue surcharge.
              (b)   Nonresident wildlife conservation licenses may be purchased for a fee of $10, of which 25 cents is
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   a search and rescue surcharge.
              [(4)   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.]
              (5)    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]. (Bracketed language terminates or is
   amended on occurrence of contingency--sec. 3, Ch. 321, L. 2001. The $2 wildlife conservation license fee
   increases in subsections (3)(a) and (3)(b) enacted by Ch. 596, L. 2003, are void on occurrence of contingency--
   sec. 8, Ch. 596, L. 2003.)"
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              Section 2. Section 87-2-506, MCA, is amended to read:
              "87-2-506.    Restrictions on hunting licenses. (1) The department may prescribe by rule the number
   of hunting licenses to be issued. Any license sold may be restricted to a specific administrative region, hunting
   district, or other designated area and may specify the species, age, and sex to be taken and the time period for
   which the license is valid.
              (2) When the number of valid resident applications for big game licenses or permits of a single class
   or type exceeds the number of licenses or permits the department desires to issue in an administrative region,
   hunting district, or other designated area, then the number of big game licenses or permits issued to
   nonresident license or permitholders in the region, district, or area may not exceed 10% of the total issued.
              (3)    Disabled veterans who meet the qualifying criteria provided in 87-2-817(1) must be provided a
   total of 50 Class A-3 deer A tags, 50 Class A-4 deer B tags, 50 Class B-7 deer A tags, 50 Class B-8 deer B
   tags, and 50 special antelope licenses annually, which may be used within the administrative region, hunting
   district, or other designated area of the disabled veteran's choice, except in a region, district, or area where the
   number of licenses are less than the number of applicants, in which case qualifying disabled veterans are
   eligible for no more than 10% of the total licenses for that region, district, or area."
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              Section 3. Section 87-2-706, MCA, is amended to read:
              "87-2-706.    Drawing for special antelope licenses -- licenses for those with life-threatening
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   illness. (1) In the event that the number of valid applications for special antelope licenses for a hunting district
   exceeds the quota set by the department for the district, the licenses must be awarded by a drawing. The
   department shall provide for those persons making valid application for special antelope licenses a method of
   selecting first, second, and third choice hunting districts for any drawing held pursuant to this section.
              (2)   The department shall reserve for applicants who are nonambulatory and have a permanent
   physical disability, as determined by the department, up to 25 of the total special antelope licenses authorized
   for sale in the state, excepting those licenses issued pursuant to 87-2-817(1)(2), for use in the district
   designated by the commission. If the number of valid disabled applicants exceeds the number of licenses
   available, the department may hold a drawing in which all applicants have an equal chance of being selected.
              (3)   (a) The department may issue a special antelope license to a resident or nonresident who has
   been diagnosed with a life-threatening illness unless the person qualifies for a license pursuant to 87-2-805. As
   used in this subsection (3), "life-threatening illness" means any progressive, degenerative, or malignant disease
   or condition that results in a significant threat, likelihood, or certainty that the person's life expectancy will not
   extend more than 1 year from the date of the request for the license unless the course of the disease is
   interrupted or abated.
              (b)   To qualify for the license, the department must receive documentation that the person has been
   diagnosed with a life-threatening illness from a licensed physician.
              (c) The license may be issued on a one-time basis for one hunting season.
              (d)   In exercising hunting privileges, the person shall conduct all hunting within the terms and
   conditions of the license issued.
              (e)   The department may issue up to 25 licenses pursuant to this subsection (3) annually. These
   licenses do not count against any quota set by the department. Licenses issued pursuant to this subsection (3)
   do not count against the number of special antelope licenses reserved for people with permanent disabilities as
   provided in subsection (2).
              (4)   The department may promulgate rules that are necessary to implement this section."
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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) PersonsExcept as provided in
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   87-2-817, 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
   pursuant to subsection (1) 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 subsequent license year is automatically entitled to a permit to
   hunt from a vehicle for subsequent license years if the criteria for obtaining a permit do not change.
              (4)   A person may be certified as disabled by the department and issued a permit to hunt from a
   vehicle, on a form prescribed by the department, if the person meets the requirements of subsection (9).
              (5)   (a) A person with a disability carrying a permit to hunt from a vehicle, referred to in this subsection
   (5) as a permitholder, may hunt by shooting a firearm from:
              (i)   the shoulder, berm, or barrow pit right-of-way of a public highway, as defined in 61-1-101, except a
   state or federal highway;
              (ii) within a self-propelled or drawn vehicle that is parked on a shoulder, berm, or barrow pit right-of-
   way in a manner that will not impede traffic or endanger motorists or that is parked in an area, not a public
   highway, where hunting is permitted; or
              (iii) an off-highway vehicle or snowmobile, as defined in 61-1-101, in any area where hunting is
   permitted and that is open to motorized use, unless otherwise prohibited by law, as long as the off-highway
   vehicle or snowmobile is marked as described in subsection (5)(d) of this section.
              (b)   This subsection (5) does not allow a permitholder to shoot across the roadway of any public
   highway or to hunt on private property without permission of the landowner.
              (c)   A permitholder must have a companion to assist in immediately dressing any killed game animal.
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   The companion may also assist the permitholder by hunting a game animal that has been wounded by the
   permitholder when the permitholder is unable to pursue and kill the wounded game animal.
              (d)   Any vehicle from which a permitholder is hunting must be conspicuously marked with an orange-
   colored international symbol of persons with disabilities on the front, rear, and each side of the vehicle, or as
   prescribed by the department.
              (6)   (a) A resident of Montana who is certified by the department as experiencing blindness, as
   defined in 53-7-301, may be issued a lifetime fishing license for the blind upon payment of a one-time fee of
   $10. The license is valid for the lifetime of the blind individual and allows the licensee to fish as authorized by
   department rule. A wildlife conservation license is not a prerequisite to licensure under this subsection (6)(a).
              (b)   A person who is certified by the department as experiencing blindness, as defined in 53-7-301,
   may be issued regular resident deer and elk licenses, in the manner provided in subsection (1) of this section,
   and must be accompanied by a companion, as provided in subsection (5)(c) of this section.
              (7)   The department shall adopt rules to establish the qualifications that a person must meet to be a
   companion and may adopt rules to establish when a companion can be a designated shooter for a disabled
   person.
              (8)   As used in this section, "disabled person", "person with a disability", or "disabled" means or refers
   to a person experiencing a condition medically determined to be permanent and substantial and resulting in
   significant impairment of the person's functional ability.
              (9)   (a) A person qualifies for a permit to hunt from a vehicle if the person is certified by a licensed
   physician, a licensed chiropractor, a licensed physician assistant, or an advanced practice registered nurse to
   be nonambulatory, to have substantially impaired mobility, or to have a documented genetic condition that limits
   the person's ability to walk or carry significant weight for long distances.
              (b)   For the purposes of this subsection (9), the following definitions apply:
              (i)   "Advanced practice registered nurse" means a registered professional nurse who has completed
   educational requirements related to the nurse's specific practice role, as specified by the board of nursing
   pursuant to 37-8-202, in addition to completing basic nursing education.
              (ii) "Chiropractor" means a person who has a valid license to practice chiropractic in this state pursuant
   to Title 37, chapter 12, part 3.
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              (iii) "Documented genetic condition" means a diagnosis derived from genetic testing and confirmed by
   a licensed physician.
              (iv) "Nonambulatory" means permanently, physically reliant on a wheelchair or a similar compensatory
   appliance or device for mobility.
              (v)   "Physician" means a person who holds a degree as a doctor of medicine or doctor of osteopathy
   and who has a valid license to practice medicine or osteopathic medicine in this state.
              (vi) "Physician assistant" has the meaning provided in 37-20-401.
              (vii) "Substantially impaired mobility" means virtual inability to move on foot due to permanent physical
   reliance on crutches, canes, prosthetic appliances, or similar compensatory appliances or devices.
              (10) Certification under subsection (9) must be on a form provided by the department.
              (11) The department or a person who disagrees with a determination of disability or eligibility for a
   permit to hunt from a vehicle may request a review by the board of medical examiners pursuant to 37-3-203."
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              Section 5. Section 87-2-817, MCA, is amended to read:
              "87-2-817.    Licenses for service members. (1) (a) A veteran or a disabled member of the armed
   forces who is a resident, as defined in 87-2-102, and who provides documentation from the U.S. department of
   veterans affairs that the person currently has a disability rating of at least 50% or is paid, at a minimum, at the
   50% disabled rate for a service-connected disability is entitled to receive the following at no cost:
              (i)   a wildlife conservation license;
              (ii) a base hunting license;
              (iii) an aquatic invasive species prevention pass; and
              (iv) a Class AAA combination sports license that does not include a Class A-6 black bear tag.
              (b)   A person who purchased a license listed in subsection (1)(a) or any of the individual licenses or
   tags that comprise the Class AAA combination sports license for a license year and subsequently meets the
   requirements of subsection (1)(a) for that license year is entitled to a full refund for the purchased licenses and
   tags.
              (2)   (a) A veteran or a disabled member of the armed forces who is a nonresident and who meets the
   qualifications in 87-2-803(9) as a result of a combat-connected injury may apply at a fish, wildlife, and parks
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   office for a regular Class A-3 deer A tag, a Class A-4 deer B tag, a Class B-7 deer A tag, a Class B-8 deer B
   tag, and a special antelope license made available under 87-2-506(3) for one-half of the license fee.
              (b)   A total of 50 of each type of license must be made available annually pursuant to this subsection
   (2) and may be used within the administrative region, hunting district, or other designated area of the disabled
   veteran's choice, except in a region, district, or area where the number of licenses is less than the number of
   applicants, in which case qualifying disabled veterans are eligible for no more than 10% of the total licenses for
   that region, district, or area. Licenses issued to veterans or disabled members of the armed forces under this
   part subsection (2) do not count against the number of special antelope licenses reserved for people with
   permanent disabilities, as provided in 87-2