SB 235: Revising landowner preference qualifications for elk to require finalized land ownership of 640 acres or more of contiguous land - Montana

SB0235_4(10).pdf → SB0235_X.pdf · 4 edits

MODERATE

This bill clarifies and tightens eligibility rules for special elk hunting licenses. It removes the ability for people merely under contract to purchase land to qualify for these permits, requiring actual ownership instead. Additionally, it provides a specific legal definition for 'employee' to prevent abuse of the designation system, and it changes the effective date from the previous version to immediate upon passage.

Scope change

The bill narrows the scope of eligibility for special elk permits by eliminating 'contract to purchase' as a qualifying criterion, restricting it to current landowners only.

ELIGIBILITY

Removed the qualification allowing applicants who are under contract to purchase 640 acres or more of contiguous land to receive special elk permits.

Updated the bill title and summary to reflect that actual ownership of 640 acres is now required for special permits, rather than a contract to purchase.

DEFINITION

Added a specific definition for 'employee' as someone paid by a landowner with state or federal taxes withheld, clarifying who can apply on behalf of a landowner.

TIMELINE

Changed the effective date provision from a future date to immediate effectiveness upon passage and approval.

SB0235_3(8).pdf → SB0235_4(3).pdf · 3 edits

MINOR

The bill was renumbered from SB 235.3 to SB 235.4 and updated its title to clarify that it defines the term 'employee' rather than eliminating the 'under contract' land ownership requirement. The core policy regarding land ownership thresholds and eligibility criteria remains unchanged, but the definition of 'employee' eligible for special permits has been tightened to require state or federal tax withholding.

Scope change

The bill's scope remains focused on elk hunting permit eligibility for landowners, but the definition of who qualifies as an 'employee' for these permits has been narrowed.

DEFINITION

The definition of 'employee' was changed to require that the person be paid by a landowner and have state or federal taxes withheld from their payment, ensuring they are bona fide employees rather than independent contractors or family members.

SCOPE

The bill title was updated to reflect the new definition of 'employee' instead of the previous language about eliminating the 'under contract' purchase requirement.

TECHNICAL

The bill number was updated from SB 235.3 to SB 235.4, likely due to a procedural amendment or re-filing.

SB0235_1(6).pdf → SB0235_3(8).pdf · 3 edits

MINOR

The bill was renumbered from SB 235.1 to SB 0235.3. The most significant change clarifies eligibility for special elk hunting permits by requiring proof that land is used by elk, as documented by the Department. It also tightens the definition of who can apply for these permits, restricting them to employees who work full-time and year-round as part of the active farm or ranch operation.

Scope change

The bill's scope regarding permit eligibility was narrowed to ensure applicants have a direct, year-round connection to the land and can provide official documentation of elk usage.

ELIGIBILITY

Added a requirement that land used by elk must be 'as documented by the Department,' ensuring official verification of land use.

Restricted permit designation to employees who work 'full time and year-round' as part of the active farm or ranch operation, preventing casual or seasonal workers from applying.

TECHNICAL

Updated the bill number from SB 235.1 to SB 0235.3 to reflect its current version in the legislative process.

SB0235_2(11).pdf → SB0235_1(6).pdf · 3 edits

MINOR

The bill was renumbered from SB0235.2 to SB 235.1, indicating a revision in the legislative process. The most significant substantive change removes restrictive language requiring that land used by elk be 'documented by the department,' thereby simplifying eligibility criteria for landowners. Additionally, the text clarifies that corporations can designate shareholders to apply for or receive permits, replacing vague references to 'employees' with specific instructions on shareholder designation.

Scope change

The bill's scope regarding landowner eligibility was broadened by removing the administrative burden of requiring departmental documentation to prove elk usage on land.

ELIGIBILITY

Removed the requirement that elk usage on land must be 'documented by the department,' making it easier for landowners to qualify for special elk permits based on actual usage rather than paperwork.

Replaced vague references to 'employees' with clear language allowing corporations to designate shareholders to apply for or receive permits, clarifying who can act on behalf of corporate landowners.

TECHNICAL

Updated the bill number from SB0235.2 to SB 235.1 and adjusted line numbers throughout the document.

SB0235_3(7).pdf → SB0235_2(11).pdf · 3 edits

MINOR

The bill was renumbered from SB 235.3 to SB 235.2. The most significant substantive change is the removal of a requirement that landowners must designate an 'employee' who works full-time and year-round to apply for hunting licenses. This deletion simplifies the eligibility criteria by allowing landowners to designate immediate family members or employees without the strict full-time, year-round employment condition.

Scope change

The bill's scope regarding who can apply for special elk permits has been narrowed slightly by removing the mandatory 'full-time and year-round' work requirement for designated employees.

ELIGIBILITY

Deleted the requirement that a designated employee must work full-time and year-round as part of an active farm or ranch operation to apply for a license.

REMOVED

Removed specific text defining the employment status required for a designated applicant.

TECHNICAL

The bill number was changed from SB0235.3 to SB0235.2.

SB0235_4(2).pdf → SB0235_3(7).pdf · 3 edits

MINOR

The bill was renumbered from SB 235.4 to SB 235.3 and updated its title to reflect amendments to the 'Employee' definition rather than eliminating the 'under contract' land ownership requirement. The core eligibility criteria for special elk permits remain unchanged, allowing landowners who own or have contracted to purchase 640 acres of contiguous land to apply. The most significant substantive change is the removal of the previous definition for 'Employee,' which previously required state or federal tax withholding, suggesting a shift in how the law interprets who qualifies as an employee for permit designation purposes.

Scope change

The bill's scope regarding land ownership requirements remains the same, but the definition of 'Employee' eligible to apply for permits on behalf of a landowner has been altered by removing the specific tax withholding requirement.

DEFINITION

The definition of 'Employee' was removed from the text, eliminating the previous requirement that an employee must have state or federal taxes withheld from their pay to qualify for a special elk permit.

A specific clause defining 'Employee' as a person with state or federal taxes withheld was deleted from the statute.

TECHNICAL

The bill number was changed from SB 235.4 to SB 235.3, and the title was updated to describe the amendment of the 'Employee' definition instead of eliminating the contract-to-purchase requirement.

SB0235_3(6).pdf → SB0235_4.pdf · 3 edits

MINOR

The bill was renumbered from SB 235.3 to SB 235.4 and had a significant definition change regarding who qualifies as an 'employee' for hunting license transfers. The definition was updated to require that the person be paid by the landowner, perform work, and have state or federal taxes withheld from their pay, ensuring the worker is a formal employee rather than just a family member or casual laborer.

Scope change

The bill's scope regarding eligibility for special elk permits was narrowed by adding a formal employment requirement to the definition of 'employee' allowed to apply for a license on behalf of a landowner.

DEFINITION

Added a new definition for 'employee' in Section 87-2-705 requiring paid work with tax withholding, replacing the previous broader definition that included anyone working full-time on a farm or ranch.

ELIGIBILITY

Updated the criteria for designating a person to apply for a special elk permit to strictly require the person to meet the new 'employee' definition with tax withholding.

TECHNICAL

Changed the bill number from SB 235.3 to SB 235.4 and adjusted the short title to reflect the new employee definition instead of eliminating the 'under contract' requirement.

SB0235_2(10).pdf → SB0235_3.pdf · 2 edits

MINOR

The bill was renumbered from SB 235.2 to SB 235.3. The most significant substantive change redefines who can apply for special elk hunting licenses, replacing the broad category of 'employees' with a stricter requirement for individuals who work full-time and year-round as part of an active farm or ranch operation. This change narrows eligibility to ensure only those deeply integrated into the agricultural business can utilize the landowner quota, preventing casual or seasonal workers from accessing these permits.

Scope change

The bill's scope regarding hunting license eligibility was narrowed to specifically target full-time, year-round agricultural employees rather than all employees.

ELIGIBILITY

Changed the definition of eligible applicants from any 'employee of the landowner' to an 'employee who works full time and year-round as part of the active farm or ranch operation.'

TECHNICAL

Updated the bill identifier from SB0235.2 to SB0235.3 and adjusted line numbers to reflect the amendment.

SB0235_1(5).pdf → SB0235_2.pdf · 3 edits

MINOR

The bill adds a requirement that elk land use must be documented by the Department, clarifies that designated employees must be defined under existing state law, and reorganizes the text to place the definition of 'employee' between the landowner and corporation clauses. These changes aim to ensure that claims of elk usage are verified and to standardize how corporate and individual applicants designate representatives.

Scope change

The bill's scope is narrowed regarding eligibility verification, as landowners must now provide departmental documentation proving elk use of their land.

REQUIREMENT

Added a requirement that elk usage on land must be documented by the Department to qualify for permits.

DEFINITION

Inserted a reference to the statutory definition of 'employee' to clarify who can be designated by a landowner to apply for a license.

TECHNICAL

Reordered the text to place the definition of 'employee' between the individual and corporate applicant clauses for consistency.

LC0749.pdf → SB0235_1.pdf · 3 edits

MINOR

The bill was renumbered from LC 749 to SB 235 and updated to reflect the 69th Legislature session in 2025. The document title was changed to 'Authorized Print Version - SB 235' to indicate its official status. These are primarily administrative and formatting updates rather than substantive policy changes.

TECHNICAL

Bill number changed from LC 749 to SB 235.

Session year confirmed as 69th Legislature 2025.

Primary sponsor name added as K. Bogner.

Revising landowner preference qualifications for elk to require finalized land ownership of 640 acres or more of contiguous land

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