SB 83: Revise law to recognize commission authority to regulate public use of private property under access agreements - Montana

SB0083_2(9).pdf → SB0083_X.pdf · 4 edits

MODERATE

This bill updates the Montana Fish, Wildlife, and Parks Commission's authority to adopt rules governing public access agreements on private land. It clarifies that the Commission adopts rules based on individual landowner guidelines rather than setting its own policies, and it expands the Commission's rulemaking power regarding nonresident big game licenses to better manage population impacts on private property.

Scope change

The bill broadens the Commission's rulemaking authority to include specific controls on nonresident big game licenses (elk, deer, antelope) to mitigate impacts on private land use, while simultaneously clarifying the Commission's role in public access agreements as an adopter of landowner rules rather than a rule-setter.

REQUIREMENT

Changed the Commission's authority regarding public access agreements from establishing its own rules to adopting rules that reflect the specific guidelines of individual private landowners.

Reorganized and expanded the list of factors the Commission must consider when setting quotas for nonresident mountain lion hunts to include conflicts among hunter groups and the availability of public and private lands.

SCOPE

Added new authority for the Commission to limit the number of nonresident big game combination licenses and set conditions for their use to protect private property and ensure sustainable wildlife populations.

DEFINITION

Adjusted the numbering and structure of the Commission's powers to clarify the relationship between different subsections regarding budget, construction, and wildlife management.

SB0083_3.pdf → SB0083_2(9).pdf · 3 edits

MINOR

The bill text was updated to reflect its progression from an initial draft (SB 83) to a second version (SB0083.2), likely incorporating amendments or corrections. The substantive legal content regarding the Fish and Wildlife Commission's authority remains consistent, though minor formatting adjustments and line numbering were applied throughout the document.

Scope change

No change in the bill's scope or applicability; the core legislative intent remains the same.

TECHNICAL

The bill number was updated from 'SB 83' to 'SB0083.2' to indicate a revised version of the legislation.

Page headers and line numbers were adjusted to reflect the new version's pagination and formatting standards.

Minor text reordering and spacing adjustments were made to align with standard legislative formatting conventions.

SB0083_2(8).pdf → SB0083_3.pdf · 4 edits

MODERATE

This bill updates the Montana Fish, Wildlife, and Parks Commission's rulemaking authority to explicitly allow the adoption of rules governing public use of private property under active public access agreements. It also clarifies authority over nonresident big game licenses and mountain lion hunting quotas while maintaining restrictions on regulating firearms and ammunition.

Scope change

The bill expands the Commission's scope to include formal rulemaking authority for managing public access on private lands, whereas the previous version did not explicitly grant this power.

REQUIREMENT

Added explicit authority for the Commission to adopt rules governing the public use of private property managed under active public access agreements with landowners.

Added specific factors the Commission must consider when setting quotas for nonresident hound licenses, including harvest history, quota overruns, and conflicts among hunter groups.

Added authority to limit the number of nonresident mountain lion hunters and determine conditions for nonresident mountain lion hunting in designated districts.

ELIGIBILITY

Modified rules regarding nonresident big game combination licenses to include the ability to limit the number of licenses sold and control impacts on private property uses.

SB0083_1(9).pdf → SB0083_2(6).pdf · 3 edits

MINOR

The bill text was reformatted to include a version number and corrected a grammatical error in the title. Substantively, the rules the commission can adopt were changed from 'establishing' rules to 'adopting' rules, and the scope of public access was expanded to cover 'each landowner's' private property rather than just general private property.

Scope change

The scope of the public access agreement was broadened to explicitly apply to every individual landowner's property managed under the agreement.

TECHNICAL

The title was corrected to change 'ESTABLISH RULES' to 'ESTABLISH ADOPT RULES' to fix a grammatical inconsistency.

REQUIREMENT

The language regarding rulemaking authority was changed from 'shall establish the rules' to 'shall establish ADOPT the rules', altering the specific verb used to describe the commission's authority.

SCOPE

The definition of property covered under public access agreements was expanded from general 'private property' to 'EACH LANDOWNER'S private property', ensuring the rules apply specifically to individual landowners.

SB0083_2(5).pdf → SB0083_1(9).pdf · 5 edits

MODERATE

This bill amends the Montana Fish, Wildlife, and Parks Commission's authority to create rules for public access to private land and wildlife management. Key changes include clarifying the rules for public access agreements, adding specific requirements for managing elk, deer, and antelope populations based on landowner tolerance, and granting the commission new powers to regulate nonresident hunting licenses and mountain lion quotas.

Scope change

The bill expands the commission's rulemaking authority to include specific conditions for nonresident big game combination licenses and sets new criteria for regulating mountain lion hunting by nonresidents.

REQUIREMENT

Clarified the rules governing public use of private property under active public access agreements.

Added a requirement for the commission to consider landowner tolerance when restricting elk hunting on public land near private property.

Authorized the commission to limit the number of nonresident mountain lion hunters and determine conditions for nonresident mountain lion hunting.

Updated the threshold for construction projects requiring commission review from over $1,000 to between $1,000 and $5,000.

ELIGIBILITY

Granted the commission authority to separate deer licenses from nonresident elk combination licenses and set specific fees and conditions for them.

SB0083_1(8).pdf → SB0083_2.pdf · 3 edits

MINOR

The bill text was updated to change the title and statutory language from 'public access agreements' to 'individual landowner agreements' and from 'public access' to 'each landowner's private property.' These changes clarify that the rules apply specifically to agreements with individual landowners rather than general public access, ensuring the legislation targets private property rights more precisely.

Scope change

The scope of the bill's applicability was narrowed and clarified to focus on 'individual landowner' agreements rather than general 'public access' agreements, emphasizing private property rights.

DEFINITION

The bill title and statutory text were modified to replace 'public access agreements' with 'individual landowner agreements' and 'public use' with 'each landowner's private property use.'

REQUIREMENT

The requirement for the department to establish rules was updated to specify that rules govern the use of 'each landowner's private property' under active agreements.

TECHNICAL

Minor formatting adjustments were made to the header and section numbering to align with the new version of the bill.

LC0509.pdf → SB0083_1.pdf · 3 edits

MINOR

The bill was formally renumbered from LC 0509 to SB 83.1, changing its official status from a committee measure to a Senate bill. The text includes minor formatting adjustments to subsection numbering and adds a new provision establishing special archery and muzzleloader heritage hunting seasons, expanding the department's authority to manage specific hunting opportunities.

Scope change

The bill's scope remains focused on the Department of Fish, Wildlife, and Parks, but the addition of new hunting season provisions slightly broadens the department's operational responsibilities regarding specific hunting types.

TECHNICAL

The bill title and header were updated from 'LC 0509' to 'SB 83.1', reflecting its progression through the legislative process.

Subsection letters were renumbered (e.g., from (e) to (d)(e)) to correct the sequence after a previous deletion.

REQUIREMENT

A new requirement was added to establish special archery seasons and a special muzzleloader heritage hunting season.

Revise law to recognize commission authority to regulate public use of private property under access agreements

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