State of Montana v. Mark William Walter

2001 MT 295N (Dec. 21 2001) · Supreme Court of the State of Montana · December 21, 2001 · No. No. 01-356

Summary

The Montana Supreme Court affirmed Mark William Walter’s conviction for fishing without a valid Montana fishing license. The court held that Montana law could require fishing-license applicants to disclose their Social Security numbers for use in administering Title IV-D child-support enforcement, and that this requirement did not violate the cited federal statutes. The court concluded that Walter’s failure to obtain and disclose a Social Security number did not excuse fishing without a license.

Holdings

  1. Montana's requirement that fishing-license applicants disclose their social security numbers did not violate 5 U.S.C. § 552a(b), 42 U.S.C. § 408(a)(8), or section 7 of Pub. L. No. 93-579 because federal law authorized the disclosure requirement for child-support-enforcement purposes and Montana provided the required notice and confidentiality protections.
  2. Walter was required to disclose his social security number before obtaining a Montana fishing license, and his failure to obtain and disclose the number did not excuse fishing without a license.

Questions Presented

  1. Whether the Montana Department of Fish, Wildlife and Parks may require an applicant to disclose a social security number before issuing a Montana fishing license.
  2. Whether federal law prohibited Montana from denying a fishing license based on an applicant's refusal to disclose a social security number.
  3. Whether Walter's failure to obtain and disclose a social security number excused his violation for fishing without a license.

Disposition

affirmed

Cases Cited (1)

  • State v. Romain, 1999 MT 161, ¶ 14, 295 Mont. 152, 983 P.2d 322(followed)

Cited In (0)

No citing cases on record yet.

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