Allow landowners to designate licenses to persons with disabilities

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69th Legislature 2025 SB 148
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AN ACT ALLOWING CERTAIN LANDOWNERS TO DESIGNATE LICENSES TO PERSONS WITH
DEVELOPMENTAL OR PHYSICAL DISABILITIES; PROVIDING DEFINITIONS; AMENDING SECTIONS 87-1-
266, 87-2-513, 87-2-516, 87-2-705, 87-2-714, AND 87-2-735, MCA; AND PROVIDING A DELAYED
EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 87-1-266, MCA, is amended to read:
"87-1-266. License benefits for landowners enrolled in block management program --
rulemaking. (1) As a benefit for enrolling property in the block management program established in 87-1-265, a
resident landowner may receive one conservation license and one Class AAA combination sports license and
the necessary prerequisites, without charge, if the landowner is the owner of record. The licenses may be used
for the full hunting or fishing season in any district where they are valid. The licenses may not be transferred by
gift or sale.
(2) As a benefit for enrolling property in the block management program, a nonresident landowner
may receive one conservation license and one Class B-10 nonresident big game combination license and the
necessary prerequisites, without charge, if the landowner is the owner of record. The licenses may be used for
the full hunting or fishing season in any district where they are valid. The licenses may not be transferred by gift
or sale. The grant of a license under this subsection also qualifies the licensee to apply for a permit through the
normal drawing process. The grant of a license under this subsection does not affect the limits established
under 87-2-505.
(3) (a) Instead of receiving the benefits provided in subsection (1) or (2), a landowner of record
who enrolls in the block management program may designate an immediate family member, or an employee, or
a person with a developmental disability or a physical disability as determined by the department to receive,
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without charge, a conservation license and the necessary prerequisites and:
(i) a Class AAA combination sports license if the designated person is a resident; or
(ii) a Class B-10 nonresident big game combination license if the designated person is a
nonresident.
(b) For the purposes of this subsection (3), an immediate family member means a parent,
grandparent, child, or grandchild of the cooperator by blood or marriage, a spouse, a legally adopted child, a
sibling of the cooperator or spouse, or a niece or nephew. the following definitions apply:
(i) "Developmental disability" means a developmental disability as defined in 53-20-102.
(ii) "Employee" means a person who works full-time and year-round for the landowner as part of
the active farm or ranch operation enrolled in the block management program.
(iii) "Immediate family member" means a parent, grandparent, child, or grandchild of the cooperator
by blood or marriage, a spouse, a legally adopted child, a sibling of the cooperator or spouse, or a niece or
nephew.
(iv) "Physical disability" means a person experiencing a condition medically determined to be
permanent and substantial and resulting in significant impairment of the person's functional ability.
(c) For purposes of this subsection (3), the term "employee" means a person who works full time
and year-round for the landowner as part of the active farm or ranch operation enrolled in the block
management program.
(d)(c) An immediate family member or employee A person who is designated to receive a license
pursuant to this subsection (3) must be eligible for licensure under current Montana law and may not transfer
the license by gift or sale.
(e)(d) The grant of a Class B-10 nonresident big game combination license to an immediate family
member, or an employee, or a person with a developmental disability or a physical disability as determined by
the department pursuant to this subsection (3) does not affect the limits established in 87-2-505.
(4) The department may by rule limit the overall number of licenses that can be provided to
landowners pursuant to this section.
(5) For the purposes of this section, the term "necessary prerequisites" includes:
(a) the base hunting license established in 87-2-116;
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(b) the aquatic invasive species prevention pass established in 87-2-130; and
(c) the conservation license established in 87-2-201."
Section 2. Section 87-2-513, MCA, is amended to read:
"87-2-513. Either-sex or antlerless elk license or permit for landowner who offers free public
elk hunting -- terms, conditions, and issuance. (1) (a) The department may issue, at no cost to a landowner
who provides free public elk hunting on the landowner's property and pursuant to this section, an either-sex or
antlerless elk license, permit, or combination of the two as required in that hunting district for the landowner or
the landowner's designee to hunt on the landowner's property or on private property leased by the landowner
for agricultural purposes.
(b) A designee must be eligible for licensure under Title 87, chapter 2, and may be an immediate
family member, or an authorized full-time employee of the landowner, or a person with a developmental
disability or a physical disability as determined by the department. who is eligible for licensure under Title 87,
chapter 2.
(2) To be eligible for a license or permit pursuant to this section, a landowner:
(a) must own at least 640 acres of occupied elk habitat, except that smaller acreages are eligible if
the department determines that site conditions exist to accommodate successful public hunting;
(b) must have entered into a contractual public elk hunting access agreement with the department
in accordance with subsection (7) that allows public access for free public elk hunting on the landowner's
property throughout the regular hunting season; and
(c) may not charge a fee or authorize a person to charge a fee for hunting access on the
landowner's property.
(3) (a) For every three members of the public allowed to hunt under the contractual public elk
hunting access agreement, the department may issue one license, permit, or combination of the two pursuant
to subsection (1). The department may limit the total number of licenses and permits issued under this section.
(b) At least one of the public hunters must hold the equivalent license, permit, or combination of
the two that is issued to the landowner or the landowner's designee. The department, in consultation with the
landowner, shall select the hunters pursuant to subsection (7)(b).
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(4) A license or permit issued pursuant to this section:
(a) is nontransferable and may not be sold or bartered; and
(b) may only be used for hunting conducted on property that is opened to public access pursuant
to this section.
(5) The department may prioritize distribution of licenses or permits under subsection (1) according
to the areas the department determines are most in need of management.
(6) If the department determines that a landowner or landowner's designee has not abided by the
restrictions and conditions of a license or permit issued pursuant to this section, that landowner or landowner's
designee is not eligible to receive another license or permit pursuant to this section during any subsequent
license year.
(7) (a) A contractual public elk hunting access agreement must define the areas that will be open
to public elk hunting, the number of public elk hunting days that will be allowed on the property, and other
factors that the department and the landowner consider necessary for the proper management of elk on the
landowner's property. The agreement must include a process or methodology the landowner may use to select
up to one-third of the public hunters required by subsection (3) and must reserve the right of the landowner to
deny access to the landowner's property by a public hunter selected pursuant to subsection (7)(b) for cause,
including but not limited to intoxication, violation of landowner conditions for use of the property, or previous
misconduct on a landowner's property.
(b) Except for public hunters selected by the landowner pursuant to subsection (7)(a), the
department shall select public hunters eligible to hunt on the landowner's property through a random drawing of
holders of existing licenses or permits in that hunting district.
(8) (a) Licenses, permits, or combinations of the two issued under this section must be for wildlife
management purposes and approved by the commission pursuant to its powers under 87-1-301.
(b) The commission shall prioritize approval of an application for a license, permit, or combination
of the two based on the willingness of the landowner to allow, in either the regular hunting season or a shoulder
hunting season, additional cow harvest by public hunters in addition to the number of public hunters required in
subsection (3).
(9) For the purposes of this section, the following definitions apply:
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(a) "Developmental disability" means a developmental disability as defined in 53-20-102.
(a)(b) "Employee" means a person who works full time full-time for the landowner as part of an active
farm or ranch operation enrolled in the program.
(b)(c) "Immediate family member" means a spouse, parent, grandparent, child, grandchild, sibling,
niece, or nephew by blood, marriage, or legal adoption.
(d) "Physical disability" means a person experiencing a condition medically determined to be
permanent and substantial and resulting in significant impairment of the person's functional ability."
Section 3. Section 87-2-516, MCA, is amended to read:
"87-2-516. Drawing for Class A-9 and Class B-12 antlerless elk B tag licenses -- landowner
preference. (1) In the event the number of valid applications for Class A-9 resident antlerless elk B tag licenses
or Class B-12 nonresident antlerless elk B tag licenses for a hunting district exceeds the quota set by the
department for the district, the department shall award the permits by a drawing.
(2) Subject to the limitations of subsection (4), in a hunting district where Class A-9 and Class B-12
licenses are issued, a corresponding Class A-9 or B-12 license must be issued, on application, to persons who:
(a) own or have contracted to purchase 640 acres or more of contiguous land, at least some of
which is used by elk; or
(b) own 160 acres or more of contiguous production agricultural land on which the department
documented elk game damage within the last 2 years.
(3) A landowner who is eligible to receive a Class A-9 or Class B-12 license under subsection (2)
may designate an immediate family member or, a person employed by the landowner, or a person with a
developmental disability or a physical disability as determined by the department to apply for the license. A
corporation owning qualifying land under subsection (2) may designate one of its shareholders to apply for the
Class A-9 or Class B-12 license.
(4) Subject to the management provisions provided in 87-1-321 through 87-1-325, 15% of the
Class A-9 and Class B-12 licenses available each year in a hunting district must be available to landowners
pursuant to subsection (2)."
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Section 4. Section 87-2-705, MCA, is amended to read:
"87-2-705. Drawing for special elk permits. (1) In the event the number of valid applications for
special elk permits for a hunting district exceeds the quota set by the department for the district, these permits
shall be awarded by a drawing. The department shall provide for those persons making valid application for
special elk permits a method of selecting first, second, and third choice hunting districts for any drawing held
pursuant to this section.
(2) Subject to the limitation of subsection (4), a person who owns or is contracting to purchase 640
acres or more of contiguous land, at least some of which is used by elk, in a hunting district where elk permits
are awarded under this section shall be issued, upon application, a permit to hunt elk in the hunting district
under the terms and conditions of the permit.
(3) An applicant who receives a permit under subsection (2) may designate that the permit be
issued to an immediate family member, or a person employed by the landowner, or a person with a
developmental disability or a physical disability as determined by the department. A corporation owning
qualifying land under subsection (2) may designate one of its shareholders to receive the permit.
(4) Fifteen percent of the special elk permits available each year under this section in a hunting
district must be available to landowners under subsection (2).
(5) The department may promulgate the rules necessary to implement this section."
Section 5. Section 87-2-714, MCA, is amended to read:
"87-2-714. 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, an employee,
or a person with a developmental disability or a physical disability as determined by the department 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.
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(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 designee 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.
(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 designee before it issues a second or subsequent license to any
landowner or the landowner's immediate family member designee. 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 designees 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.
(8) For the purposes of this section, the following definitions apply:
(a) "Developmental disability" means a developmental disability as defined in 53-20-102.
(b) "Employee" means a person who works full-time and year-round for the landowner as part of
the active farm or ranch operation enrolled in the block management program.
(c) "Immediate family member" means a spouse, parent, grandparent, child, grandchild, sibling,
niece, or nephew of the landowner by blood, marriage, or legal adoption.
(d) "Physical disability" means a person experiencing a condition medically determined to be
permanent and substantial and resulting in significant impairment of the person's functional ability."
Section 6. Section 87-2-735, MCA, is amended to read:
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"87-2-735. Landowner preference licenses and permits for deer and antelope. (1) Subject to the
provisions of subsection (2) and the limitation in subsection (3), a person who owns 160 acres or more of real
property that is primarily used for agricultural purposes in a hunting district in which a limited number of deer or
antelope licenses or permits are awarded must be issued, on application, a license or permit to hunt deer or
antelope in the hunting district under the terms and conditions of the license or permit.
(2) When the real property is held jointly or in common by several persons, only one of the joint or
common owners is entitled to the preference provided in this section, or the owners may designate their
preference to a person who is an immediate family member, a person or who is employed by the owner or
owners as a land manager or in a similar capacity, or to a person with a developmental disability or a physical
disability as determined by the department. Preference may not be awarded to a landowner if the hunting area
is totally within the prescribed boundaries of public land.
(3) Fifteen percent of limited licenses or permits available each year in a hunting district for deer or
antelope must be available to landowners under this section. If the number of persons applying pursuant to this
section exceeds 15% of licenses and permits available for that hunting district, the department shall award the
licenses and permits by drawing. The department shall provide a method of selecting first, second, and third
choice hunting districts if a drawing is required."
Section 7. Effective date. [This act] is effective March 1, 2026.
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I hereby certify that the within bill,
SB 148, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 148
INTRODUCED BY D. LOGE, C. HINKLE, Z. WIRTH, J. HINKLE
AN ACT ALLOWING CERTAIN LANDOWNERS TO DESIGNATE LICENSES TO PERSONS WITH
DEVELOPMENTAL OR PHYSICAL DISABILITIES; PROVIDING DEFINITIONS; AMENDING SECTIONS 87-1-
266, 87-2-513, 87-2-516, 87-2-705, 87-2-714, AND 87-2-735, MCA; AND PROVIDING A DELAYED EFFECTIVE
DATE.