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Montana Legislative Session update

RX1MountainMan

Well-known member
Premium Member
Nov 26, 2007
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Harlowton, MT
Read throught his and make sure to contact your state representative with your support of these bills.


It's been said that the legislative process is akin to sausage making. If so, then there's already enough bills of interest to hold a tailgate party (preferably one to celebrate the upcoming Super Bowl victory for the Pack) and it's a good time to send out another update on what's happening in the Montana Legislature pertinent to our agency.


Feel free to share this with your staff as well as let me know if I need to update my mailing list. If you need more information, contact me or you can also view the complete list of introduced/unintroduced bills (several thousand) at: http://laws.leg.mt.gov/laws11/LAW0217W$BAIV.return_all_bills
State sovereignty with regard to the federal government. Senator Greg Hinkle is sponsoring SB117 which will require local government officials to, under certain circumstances, request federal agencies to coordinate with them whenever a project or plan is being considered in which the local government has a less restrictive policy. If the local official fails to do so, they can be held A hearing was held on January 17th in which a large number of supporters (mostly from Senator Hinkle's district - - Sanders County, as well as Ravalli County) spoke in favor of the bill. A representative from Montana County Attorneys Association spoke against this bill based on the potential expenses involved in being required to hold hearings and demand coordination. No vote has taken place yet.

Another bill (LC1938), sponsored by Rep. Hendrick, seeks to provide for the transfer of federal lands which were not "legally obtained" (without consent of the state legislature) to state ownership. This bill has yet to be introduced into the house or referred to committee.
Limits on law enforcement action by federal employees (including USFS LE&I) without Sheriff approval. A bill has been sponsored which would require Sheriff approval for any arrest, search or seizure action by federal employees. This bill has been referred to the Senate Judiciary committee with an anticipated hearing on January 21. R1 LE&I is keeping the US Attorney for the State of Montana apprised as necessary, who has the lead on tracking this bill at this time.
Access: On January 18, a hearing was held in the House Fish, WIldlife and Parks committee on HB148, sponsored by Rep. Karey which would attempt to provide for off-route motorized retrieval of game on all public lands (will apply to state lands and it directs the state to enter into negotiations with federal agencies to provide for motorized retrieval of game on federal lands. Testimony was largely in opposition to this bill, including testimony by major wildlife groups, the Montana Stockgrowers, and the Montana Trail vehicle riders association. No vote has taken place yet.
Wildlife: Numerous bills are introduced/anticipated, especially regarding wolves, bison, and mountain lion. For the most part, the bills related to wolves and mountain lions would classify them as predators which could be hunted without license. The bison-related bills generally attempt to prohibit any further translocation/reintroduction in the state, or prohibit state funds to be spend on bison-related projects.
Fire suppression: An array of bill proposals are anticipated regarding fire, particularly pertaining to the state's fire suppression account (transferring $ out of it into general fund or capping fire season costs at $50 million). Most bill language is not yet available
Water: Numerous bills are being sponsored, only a few of which have draft language available at this point. One would provide for a minimum instream flow for fisheries. A resolution (SJR7) to Congress opposing widening the authority of the Clean Water Act to apply to nonnavigable waters in Montana was referred to the Senate Natural Resources Committee and passed committee.
Weeds: HB133 would other things, authorize a weed control board to seek a court order to manage noxious weeds and provide for civil penalties for failure to control noxious weeds. Its sponsor, Rep. Solomon contends that this bill will add judicial oversight of a county’s inspection of property and gives landowners more protection. During the hearing, the Montana Dept of Agriculture was asked about how this bill will apply to federal agencies, to which responded that they generally have a good relationship with the federal government. However, if they find weeds on federal lands, they stated that "We can only send a letter to federal agencies, we can’t fine them.”
Timber industry/biomass: SB47, sponsored by Senator Vincent, would streamline air quality regulations (particularly with regard to the public notice, etc) pertaining to mobile chippers and grinders. The bill was heard on January 10 and received a committee vote on January 18 (voted to pass). Just prior to the vote the bill was amended to apply to a wider array of forestry equipment as well as to incorporated areas in the state. Another bill, HJ6, which designates the first week in October as "Forest products industry week" has been referred to the House natural resources committee for hearing.
Transportation permitting: Two bills are in the drafting stage which would expedite the permitting of large loads traveling on Montana's highways have been introduced.
 
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