Montana Legislature
Legislative Session 2009 Abbreviated Overview
Session Bill Total Draft Requests 2369 - 1316 Introduced ...(2007 Session-2581 requests and 1526 introduced)
On the positive side, overall for hunting and fishing issues, hunters and anglers were instrumental as we defeated, delayed or dodged some very – very bad bills relative to wildlife, hunting and fishing….bills with huge impacts. Bills such as -- targeting no net gain of state lands and the reshaping of regulatory takings and what this bill could have meant to game farming…state wolf management opportunities…controls of FWP Commission actions that uphold the public trust and again, some attacks on FWP budgeting…bad bridge access bills and all the livestock – wildlife – brucellosis bills.
Below is an abbreviated list of some key bills MWF gave particular attention.
Keep in mind this list is not all inclusive of bills MWF monitored or worked on in some capacity – these for the most part have to deal with wildlife, hunting and fishing issues. There were many other bills, bills that were sold as supporting jobs over the environment, or energy development without balance as well as attempting to minimize citizen participation in citizen established review processes. There is good reason for hunters and anglers to be more proactive in the election processes.
Now that the session is over we could talk about the details of many bills but instead we need to consider what we believe will be key, major topics during the next two years before the next session:
- FWP fees are going to be forefront for the next session, and likewise, FWP budgeting;
- Hunting season structures will be hot for the next two years, including managing big game populations in areas where numbers have increased due to harboring (refuging sanctuaries) which often become imbalanced where the public has been locked out and private or commercial interest dictate management;
- Energy Development; and
- Use and access to public lands.
(you can click on Bill Number to access progress page and find the bill's text links) :
Good Bills that Died
HB 62 Rep Robin Hamilton Mandatory trapper safety and education course. Died in Standing Committee4/28/09
HB 63 Rep JP Pomnichowski Authorizes revoking of commercial fur dealer license. Died in Standing Committee 4/28/09
HB 253 Rep Mike Phillips. Recognizes bison as a valued native species, gives management authority to FWP, directs FWP to work with the Dept. of Livestock to protect private property. Died in Standing Committee 4/28/09
HB 254 Rep. Phillips. This bill would have required industry to monitor and report to the Dept. of Environmental Quality on greenhouse gas emissions.
HB 275 Rep Hamilton. Provides that the Department of Natural Resources may declare the need for an emergency stream flow and procedures for implementing curtailment of water use when emergency stream flow conditions are met. Died in Standing Committee 4/28/09
HB 314 Rep Kendall Van Dyk Provides methods for FWP to direct the dispersal or removal of concentrations of big game animals that pose a threat to landowners and livestock or the health of wildlife, habitat or the public; provides penalties for concentrating big game animals and creates an advisory board. Died in Standing Committee 4/28/09
HB 455 Rep Michelle Reinhart Creates the big sky rivers act and authorizes streamside management areas and vegetated buffers. Requires certain political subdivisions to establish streamside management area permitting or certification programs. Prohibits certain activities within streamside management areas. Died in Standing Committee 4/28/09
HB 506 Rep Phillips Requires the planning and management of oil and gas operations in a manner that balances that development with fish and wildlife conservation. Requires the board of oil and gas to establish standards in consultation with the FWP Commission for minimizing adverse impacts to fish and wildlife resources affected by oil and gas operations. Died in Process 4/28/09
HB 614 Rep. Gary MacLaren Creates a crime if an off highway vehicle is ridden on closed public lands and gives FWP wardens enforcement authority in some instances. Died in Standing Committee 4/28/09
HJ 10 Rep Phillips Joint resolution of the Senate and House urging congress to support the establishment of new revenue streams to support wildlife adaptation to climate change. Died in Standing Committee 4/28/09
SJ 23 Sen Linda Moss A joint resolution supporting a statewide effort by public and private entities to promote activities that connect Montana youth with the outdoors and improve the health and well being of our citizens and communities. Died in Standing Committee 4/28/09
Bad Bills that Died
HB 26 Rep Ken Peterson Addresses stream access at bridges with concentration on County Commission authority. Died in Standing Committee 4/28/09
HB 79 Rep Wayne Stahl Creates uniform provisions for state land transactions and provides that land purchases may not, to the extent that is practical, result in a net gain in land ownership by the state. Died in Standing Committee 4/28/09
HB 186 Rep Ron Stoker Allows residents over 62 to take cow elk without a license. Died in Standing Committee 4/28/09
HB 427 Rep Joel Boniek Repeals the prohibition on the possession of sound reduction devices on firearms in the field. Died in Process 4/28/09
HB 527 Rep Scott Sales Authorizes the lottery of a free big game hunting license to a resident hunter safety instructor to encourage recruitment and retention. Died in Standing Committee 4/28/09
HB 558 Rep Bill McChesney Revises laws that enhance free public access to private lands for hunting and establishes a community access partnership “trust” account. Died in Standing Committee 4/28/09.
SB 31 Sen Keith Bales Revises qualifications for fish, wildlife, and parks commissioners by providing that at least one member must be actively engaged in the breeding and management of domestic livestock and have an ownership interest in at least 1280 acres of land. Died in Standing Committee 4/28/09
SB 162 Sen Debbie Barrett Restricts FWP Commission from limiting hunting permits allocated for certain species from the number issued in 2007 unless certain conditions are met. Died in Process 4/28/09
SB 163 Sen Barrett Requires that hunting and fishing or trapping rules adopted be subject to the economic impact statement requirements of the Montana Administrative Procedures Act. Died in Standing Committee 4/28/09
SB 183 Sen Joe Balyeat Revises the states wolf policy, asserts states rights and challenges federal authority, voids the Montana wolf conservation and management plan and the states cooperative wolf management agreement. Establishes conditions for future management plans and agreements specific to the wolf. Establishes liability and penalties for injury or death of a human because of a wolf attack. Died in Process 4/28/09
SB 213 Sen Bales Require FWP to implement a program to manage game animal populations in a manner that prevents the transmission of disease from game animals to domestic livestock or humans. Died in Standing Committee 4/28/09
SB 217 Sen Barrett Requires FWP to reimburse livestock producers who are required to test livestock.
SB 336 Sen Balyeat Authorizes the use of dogs to track wounded game animals. Died in Standing Committee 4/28/09
SB 402 Sen Jim Peterson Identifies and clarifies the private property interests that are protected from governmental taking without just compensation and extends the requirement for the payment of just compensation to regulatory takings. Died in Standing Committee 4/28/09 – (H) Judiciary , Attempt to blast failed – 49-49 party lines….
SB 435 Sen John Brenden Provide for no net gain in state owned land. Would have precluded purchase of land for FAS's, State Parks or WMA's. Died in (H) Standing Committee 4/28/09
SB 436 Sen Steve Gallus Creates a nonresident outfitter sponsored antelope license. Licenses available by drawing each year may not exceed 10 licenses for each administrative region or 5% of the total number of antelope licenses available in that region, whichever is less. Died in Standing Committee 4/28/09
SB 470 Sen Gallus Revises waiting period for individuals who take a bighorn sheep in unlimited hunting districts from 7 to 3 years. Died in Standing Committee 4/28/09
SB 478 Sen Brenden Changes the duration of conservation easements from perpetuity to a term of years. Died in Standing Committee 4/28/09
SB481 – Sen Greg Barkus Exempt economic stimulus projects from MEPA
Good Bills that Passed
HB 41 Rep Jill Cohenour Revises water quality laws for aquifer recharge or mitigation. Chapter number assigned 4/1/09
HB 190 Rep Van Dyk Codifies the public’s right to access rivers and streams at county bridges and allows landowners to connect fences to county bridge abutments, provided they do not restrict access. Requires FWP to pay for any improvements in fences to facilitate access. Chapter number assigned 4/14/09
HB 218 Rep Mike Menahan Clarifies prohibitions on the use of artificial light when hunting, clarifies when an individual commits the offense of wasting a furbearing animal, defines "pelt". Chapter number assigned 4/16/09
HB 222 Rep Cohenour Stipulates that a person whose privileges to hunt, fish or trap have been revoked is not eligible to purchase any license until all terms of the court sentence in which the privilege was revoked have been met, unless the person is making timely payments on a schedule set by the court. Chapter number assigned 4/17/09
HB 223 Rep Cohenour Authorizes the revocation of hunting, fishing and trapping privileges if a person commits criminal mischief or trespass on property owned or administered by FWP or commits criminal trespass while hunting, fishing or trapping on private land. Chapter number assigned 4/1/09
HB 366 Rep Tom McGillvray Allows FWP to enter into an agreement with adjoining states for reciprocal fishing privileges in Montana rivers and streams within 10 miles of the boundaries of Montana. Chapter number assigned 4/1/09
HB 383 Rep Elsie Arntzen Provides for free hunting licenses to youth with life threatening illness. Chapter number assigned 4/1/09
HB 480 Rep Pomnichowski Authorizes nonresident youth aged 12 through 15 to hunt upland game birds and migratory birds with the purchase of a class B1 nonresident upland game bird license at a discounted price of $35.00 vs. $110. Chapter number assigned 4/20/09
SB 303 Sen Dave Wanzenried Requires that sections of the state water plan address various water issues within the Clark Fork, Flathead, Missouri and Yellowstone river basins. Must be completed and submitted to the 2015 legislature, creates a water user council. Transmitted to Governor 4/22/09
SJ 15 Sen Bruce Tutvedt Joint resolution supporting the decision to delist gray wolf and urging FWP to defend delisting against legal challenges. Filed with Secretary of State 4/9/09
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