2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 2. Fishing, Hunting, and Trapping Licenses › Part 9. License Agents › 87-2-903. Compensation, fees, and duties of agents -- penalty for late submission of license money

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.
(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, 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 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, 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.)
History: En. Sec. 3, Ch. 88, L. 1947; amd. Sec. 1, Ch. 156, L. 1949; amd. Sec. 1, Ch. 31, L. 1959; amd. Sec. 27, Ch. 511, L. 1973; amd. Sec. 13, Ch. 417, L. 1977; amd. Sec. 9, Ch. 421, L. 1977; R.C.M. 1947, 26-222; amd. Sec. 15, Ch. 554, L. 1981; amd. Sec. 2, Ch. 534, L. 1983; amd. Sec. 17, Ch. 592, L. 1991; amd. Sec. 3, Ch. 92, L. 1993; amd. Sec. 9, Ch. 187, L. 1997; amd. Sec. 55, Ch. 427, L. 1999; amd. Sec. 1, Ch. 515, L. 2005; amd. Sec. 4, Ch. 452, L. 2007; amd. Sec. 2, Ch. 298, L. 2011; amd. Sec. 4, Ch. 83, L. 2013; amd. Sec. 7, Ch. 374, L. 2017; amd. Sec. 17, Ch. 387, L. 2017; amd. Sec. 9, Ch. 356, L. 2019; amd. Sec. 3, Ch. 434, L. 2019.