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69th Legislature 2025 SB 238
- 1 - Authorized Print Version – SB 238
ENROLLED BILL
AN ACT ESTABLISHING THE SUPPORTING BOWHUNTERS WITH DISABILITIES PROGRAM; PROVIDING
FOR AN OPTIONAL DONATION ON CERTAIN HUNTING LICENSES; ESTABLISHING THE SUPPORTING
BOWHUNTERS WITH DISABILITIES ACCOUNT; PROVIDING FOR DONATIONS TO BE DEPOSITED INTO
THE ACCOUNT; PROVIDING RULEMAKING AUTHORITY; AMENDING SECTIONS 87-1-601 AND 87-2-903,
MCA; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Supporting bowhunters with disabilities program -- findings -- optional donation --
rulemaking. (1) The legislature finds that:
(a) archery hunting is an important part of Montana's harvest heritage that should be accessible to
as many individuals as possible;
(b) some hunters require expensive modified archery equipment specifically designed to
accommodate their disability;
(c) charitable and nonprofit organizations assist in defraying the costs of modified archery
equipment for some hunters;
(d) donations can help organizations provide more modified archery equipment to more hunters
with disabilities; and
(e) hunters should have the option of donating $1 or more above the purchase price of certain
licenses to assist organizations in being able to provide modified archery equipment to greater numbers of
hunters with disabilities.
(2) A person who applies for or purchases a hunting license may donate $1 or more in addition to
the price of the license to the supporting bowhunters with disabilities program.
(3) The department shall deposit donations received pursuant to this section into the supporting
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bowhunters with disabilities account established in [section 2].
(4) The department shall adopt rules to implement the provisions of this section, including:
(a) providing the forms or mechanisms necessary for the supporting bowhunters with disabilities
donation option;
(b) regulating the payment of funds from the supporting bowhunters with disabilities account to a
nonprofit organization exempt from taxation under 26 U.S.C. 501(c)(3) to acquire modified archery equipment
for hunters who have a permit to modify archery equipment; and
(c) establishing guidelines for the donation of modified archery equipment purchased with funds
from the supporting bowhunters with disabilities account to Montana hunters who have a permit to modify
archery equipment.
Section 2. Supporting bowhunters with disabilities account. (1) There is a supporting bowhunters
with disabilities account in the state special revenue fund established by 17-2-102. Funds deposited into this
account must be used by the department for the purposes of [section 1].
(2) The following money must be deposited into the account:
(a) donations received pursuant to [section 1];
(b) interest earned on the account; and
(c) money received by the department in the form of gifts or grants or from any source intended to
be used for the purposes of [section 1].
(3) Any money in the account that is unspent or unencumbered at the end of a fiscal year must
remain in the account.
Section 3. Section 87-1-601, MCA, is amended to read:
"87-1-601. Use of fish and game money. (1) (a) Except as provided in 87-1-290, 87-1-293, 87-1-
623, [section 1], and subsections (8) and (10) of this section, all money collected or received from the sale of
hunting and fishing licenses or permits, from the sale of seized game or hides, from damages collected for
violations of the fish and game laws of this state, or from appropriations or received by the department from any
other state source must be turned over to the department of revenue and placed in the state special revenue
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fund to the credit of the department.
(b) Any money received from federal sources must be deposited in the federal special revenue
fund to the credit of the department.
(c) All interest earned on money from the following sources must be placed in the state special
revenue fund to the credit of the department:
(i) the general license account;
(ii) the license drawing account;
(iii) accounts established to administer the provisions of 87-1-246, 87-1-258, 87-1-605, 87-2-411,
87-2-722, and 87-2-724; and
(iv) money received from the sale of any other hunting and fishing license.
(2) Except as provided in 87-2-411, the money described in subsection (1) must be exclusively set
apart and made available for the payment of all salaries, per diem, fees, expenses, and expenditures
authorized to be made by the department under the terms of this title. The money described in subsection (1)
must be spent for those purposes by the department, subject to appropriation by the legislature.
(3) Any reference to the fish and game fund in Title 87 means fish and game money in the state
special revenue fund and the federal special revenue fund.
(4) Except as provided in subsections (8) and (9), all money collected or received from fines and
forfeited bonds, except money collected or received by a justice's court, that relates to violations of state fish
and game laws under Title 87 must be deposited by the department of revenue and credited to the department
in a state special revenue fund account for this purpose. Out of any fine imposed by a court for the violation of
the fish and game laws, the costs of prosecution must be paid to the county where the trial was held in any
case in which the fine is not imposed in addition to the costs of prosecution.
(5) (a) Except as provided in 87-1-621, section 2(3), Chapter 560, Laws of 2005, and subsection
(6) of this section, money must be deposited in an account in the permanent fund if it is received by the
department from:
(i) the sale of surplus real property;
(ii) exploration or development of oil, gas, or mineral deposits from lands acquired by the
department, except royalties or other compensation based on production; and
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(iii) leases of interests in department real property not contemplated at the time of acquisition.
(b) The interest derived from the account, but not the principal, may be used only for the purpose
of operation, development, and maintenance of real property of the department and only upon appropriation by
the legislature. If the use of money as set forth in this section would result in violation of applicable federal laws
or state statutes specifically naming the department or money received by the department, then the use of this
money must be limited in the manner, method, and amount to those uses that do not result in a violation.
(6) Money received from the sale or lease of lands acquired and managed for the purposes of Title
23, chapter 1, must be deposited in the state special revenue fund in the account established for miscellaneous
funds received for state parks and may be used only for the purposes of Title 23, chapter 1.
(7) Money received from the collection of license drawing applications is subject to the deposit
requirements of 17-6-105(6) unless the department has submitted and received approval for a modified deposit
schedule pursuant to 17-6-105(8).
(8) Money collected or received from fines or forfeited bonds for the violation of 77-1-801, 77-1-
806, or rules adopted under 77-1-804 must be deposited in the state general fund.
(9) The department of revenue shall deposit in the state general fund one-half of the money
received from the fines imposed pursuant to Title 87, chapter 6.
(10) The department shall deposit all money received from the voluntary search and rescue
donation in 87-2-202 in a state special revenue account to the credit of the department for search and rescue
purposes as provided for in 10-3-801."
Section 4. Section 87-2-903, MCA, is amended to read:
"87-2-903. Compensation, fees, and duties of agents -- penalty for late submission of license
money. (1) License agents, except salaried employees of the department, must receive for all services
rendered a commission of 50 cents for each transaction, plus any additional amount as determined under
subsection (9) and by rules adopted pursuant to subsection (10).
(2) A license agent may charge a convenience fee of up to 3% of the total amount of a transaction
if a purchase is made with a credit card or a debit card. A financial institution or credit card company may not
prohibit collection of the convenience fee provided for in this subsection.
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(3) Each license agent shall submit to the department the money received from the sale of licenses
and aquatic invasive species prevention passes and from donations received pursuant to [76-17-102,] 81-7-
123, and 87-1-293, and [section 1] less the appropriate commission and convenience fee.
(4) Each license agent shall submit to the department copies of each paper license sold.
(5) The department may charge license agents appointed after March 1, 1998, an electronic
license system fee not to exceed actual costs.
(6) The department may designate classes of license agents and may establish a protocol for each
class of agent. Each license agent shall keep the license account open at all reasonable hours to inspection by
the department, the director, the wardens, or the legislative auditor.
(7) For purposes of this section, the term "transaction" includes the sale of any license or permit,
collection of any data or fee, or issuance of any certificate prescribed by the department. The term does not
include donations collected pursuant to [76-17-102,] 81-7-123, and 87-1-293, and [section 1] or the sale of
aquatic invasive species prevention passes pursuant to 23-2-541 or 87-2-130.
(8) If a license agent fails to submit to the department all money received from the declared sale of
licenses and aquatic invasive species prevention passes and from donations received pursuant to [76-17-102,]
81-7-123, and 87-1-293, and [section 1] less the appropriate commission and convenience fee, by the deadline
established by the department, an interest charge equal to the rate charged under 15-1-216 may be assessed.
Acceptance of late payments with interest does not preclude the department from summarily revoking the
appointment of a license agent under 87-2-904.
(9) A license agent, except for an electronic service provider, must receive a commission of 50
cents for each ticket the agent processes for a hunting license lottery held pursuant to 87-1-271.
(10) The department may adopt rules necessary to implement this section. (Bracketed language
terminates June 30, 2027--sec. 10, Ch. 374, L. 2017.)"
Section 5. Codification instruction. (1) [Section 1] is intended to be codified as an integral part of
Title 87, chapter 1, part 2, and the provisions of Title 87, chapter 1, part 2, apply to [section 1].
(2) [Section 2] is intended to be codified as an integral part of Title 87, chapter 1, part 6, and the
provisions of Title 87, chapter 1, part 6, apply to [section 2].
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Section 6. Effective date. [This act] is effective July 1, 2025.
- END -
I hereby certify that the within bill,
SB 238, 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. 238
INTRODUCED BY J. ELLIS
AN ACT ESTABLISHING THE SUPPORTING BOWHUNTERS WITH DISABILITIES PROGRAM; PROVIDING
FOR AN OPTIONAL DONATION ON CERTAIN HUNTING LICENSES; ESTABLISHING THE SUPPORTING
BOWHUNTERS WITH DISABILITIES ACCOUNT; PROVIDING FOR DONATIONS TO BE DEPOSITED INTO
THE ACCOUNT; PROVIDING RULEMAKING AUTHORITY; AMENDING SECTIONS 87-1-601 AND 87-2-903,
MCA; AND PROVIDING AN EFFECTIVE DATE.