LEGISLATIVE UPDATE 04/25/19

LEGISLATIVE UPDATE

APRIL 26, 2019

The following synopsis shows the status of each bill or resolution:

  • Highlighted in green – the bill or resolution has become law
  • Highlighted in yellow – the bill or resolution was successful and awaits the Governor’s signature.  Remember, the Governor has 3 choices.  The governor can veto a bill, sign the bill into law, or not sign the bill.  If the Governor does not sign a bill, it automatically becomes law.
  • Highlighted in blue – do not anticipate any issues preventing the bill or resolution from becoming law.
  • Highlighted in red – the bill or resolution was not successful.

HB 2 – Governor’s Budget  The budget bill has been transferred to enrolling.  The conservation district funding remains intact.

HB 6 – Renewable Resource Grants – sponsored by Rep. Jim Keane: This bill is enrolled.

HB 7 – Reclamation and Development Grants – sponsored by Rep. Jim Keane:  This bill is enrolled.

HB 8 – Renewable Resource Bonds & Loans – sponsored by Rep. Jim Keane:  This bill is enrolled.

HB 11 – Treasure State Regional Water Program – sponsored by Rep. Jim Keane:  This bill is enrolled.

HB52 – Revise and Make Permanent Funding for Various Economic Programs – sponsored by Representative Jim Keane:  The original bill moves the Conservation District, State Library, and Agriculture funding from the Coal Tax Trust Fund to the Department of Commerce for economic development.  The sponsor offered a grey bill which included the amendment for the drafting error moving the coal tax trust money from CDs.  This bill is enrolled.

HB 56 – Revise and clarify voluntary clean-up laws – sponsored by Rep. Jim Keane:    The bill was a clarification piece extending the deadlines to allow for sufficient time to complete groundwater projects.  The Governor has signed this bill.

HB 132 – Clarify Definition of Bison – sponsored by Ken Holmlund:  Revised the definition of wild bison; qualifiers include: the animal has never been owned before, the animal has never been subjected to per capita tax, and the animals have never been in captivity.  The Governor returned this bill with amendments and those were not adopted; the bill has gone back to the Governor.

HB 142 – Revise County Weed Laws – sponsored by Rep. Joshua Kassmier:  This bill introduces the concept of integrated weed management.  The Governor signed this bill.

HB 229 – Clarify Dinosaur Bones and Fossils are Part of Surface Estate – sponsored by Rep. Bradley Hamlett:  This bill clarified that dinosaur fossils are not owned by the entity with the mineral rights; they are owned by the surface right owner.  The Governor signed this bill.

HB 300 – State Sales Tax Bill – sponsored by Rep. Kerry White: The bill has been tabled by the Taxation Committee. There was an attempt to blast the bill from the table on 4/10/19, but it failed.  There has been talk of an interim study regarding the sales tax issue.

HB 328 – Exempting Conservation Districts from Certain Fees – sponsored by Rep. Alan Redfield:  This bill exempts CDs from the DEQ 401 permit fee requirement.  The Speaker signed this bill and will move on for the Governor’s signature.

HB 383 – Extend Deadline for Appeal of a Stream Permit – sponsored by Rep. Kerry White:  This bill changes the appeal timeframe from 15 to 60 days.  The meeting with the sponsor went very well.  Rep. White agreed to accept a 30-day appeal timeline and the other timelines were aligned accordingly for an amendment.  The Governor signed this bill.

HB 402 – Revising Local Government Laws Related to Invasive Species – sponsored by Rep. Greg Hertz:  This bill authorizes invertebrate pest programs; authorizing a tax; and revising ordinances for adoption by counties located within the Columbia River Basin.  This bill was tabled in committee.

HB 411 – Revise Laws Related to AIS Expenditures and Funding – sponsored by Rep. Willis Curdy:  This bill is the replacement for HB 32 amending the funding structure.  It has gone through several iterations of changes with regard to the funding to reach a compromise.  The funding issues have been revisited; the House has concurred with amendments and the bill has been enrolled.

HJ 17 – Resolution Requesting AIS Funding from Congress – sponsored by Rep. Willis Curdy:  This resolution requests funding from the federal government for the Montana AIS program.  MACD supported this effort.  The Speaker signed this resolution and will move on for the Governor’s signature.

HJ 28 – Joint Resolution Requesting Denial of American Prairie Reserve Grazing Permit – sponsored by Rep. Dan Bartel:  This resolution recommends to Congress that BLM not be able to approve the 18 grazing leases under consideration for the American Prairie Reserve initiative.  The MACD Resolution 09-07 directs the association to oppose such an initiative like APR without appropriate research and study.  The Speaker signed this resolution and will move on for the Governor’s signature.

HJ 46 – Interim study on the coal trust fund – sponsored by Rep. Dave Fern: The resolution advises setting up an interim study to explore the Coal Tax Trust Fund mechanisms for funding and improving the revenue for the fund.  MACD testified as an information witness on this resolution as a willing participant so the study committee understood the conservation story and importance of these funds.  The resolution was transmitted to the Senate and referred to Senate Finance and Claims.  The resolution did not make it through the session.

SB 32 – Create Stream Gauge Oversight Work Group – sponsored by Sen. Jon Sesso:   This bill creates an oversight committee to gather data regarding stream gauge sights, ownership, and develop a coordinated system for managing those sites.  The responsibility is now with Governor’s Water Policy and Drought Committee with no fiscal note and no structured committee.  The bill passed conference committee removing the $10 fee section, not changing the membership selection language; other members will have to be appointed to the Water Policy and Drought Committee by the Governor.  The bill has been returned from enrolling.

SB 47 – Revise Laws Related to River Basin Councils – sponsored by Sen. Jill Cohenour:  The bill establishes the need for river basin councils to provide recommendations for development and implementation for the State Water Plan.  The plan is up for revision in 2035.  The bill also sunsets the Clark Fork and Kootenai river task force.  The bill was tabled by House Natural Resources.

SB 176 – Establishment of a Hemp Plan and Program – sponsored by Sen. Tom Jacobson:  The bill provides authority for the Department of Agriculture to establish a Hemp plan and program in Montana.  The bill has been transmitted to the House and referred to the House Agriculture committee.  This bill is enrolled.

SB 247 – Revise FWP Authority for Instream Flows – sponsored by Sen. Jill Cohenour:  This bill attempts to replace the current June 30, 2019 sunset date with authority in perpetuity.  This bill has been referred to Conference Committee.  The sticking point appears related to the FWP fee simple flow authority.  The bill finally passed conference committee and has been sent to enrolling.

SB 299 – Generally Revise Laws Related to Sage Grouse Conservation – sponsored by Sen. Mike Lang:  This bill proposes changes to the Montana Sage Grouse Oversight Team assessment of credits and considers various sector issues.  This bill is enrolled.

SB 323 – Allow the Creation and Assessment of a Public Safety District – sponsored by Senator Roger Webb:  Non-profits are generally exempt from paying property taxes.  Property taxes pay for public safety service fees.  This bill establishes the authority to assess a public safety fee on non-profits.  The bill was tabled in committee.