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HB 295: Second Bite at the Apple - Call to Action

Ben Lamb

Well-known member
Joined
Aug 6, 2010
Messages
20,182
Location
Cedar, MI
We are working towards having HB 295 reconsidered in House Judiciary due to a close vote. The bill which would increase the fine on illegally closed roads from $10 a day to $500 had a good hearing, but ultimately failed 10-9 when one legislator whom we thought was a yes flipped to no. We have been working the halls diligently to get those votes back, and we're close, but we need your help.

We need sportsmen from across Montana to contact the committee and ask them to reconsider HB 295. You can do it easily at the link below:

http://montanawildlife.org/hb295/
 
I think an important thing about this bill is that it give discretion to the judge to fine up to $500/day and it is limited to county roads. It also allows for an encroachment permit to be issued. This should make it more palatable to those concerned it was too strict for the average Joe rancher. Not sure what the issue is.

http://leg.mt.gov/bills/2017/billhtml/HB0295.htm
 
Ben, will it do any good for them to hear from non-residents? I think this bill is a great idea and don't mind taking the time to send a quick message.
 
Ben, will it do any good for them to hear from non-residents? I think this bill is a great idea and don't mind taking the time to send a quick message.

At this point, I would say go for it. We're working individual committee members hard, and if they see that it's getting attention outside of the state, it may help
 
FYI, in the link above address is not a required field, so I guess it would be good for non-residents to send the email.
 
It looks like this bill has been killed from what I just saw from the Montana Wildlife foundation.

I don't know enough about it but I am curious about how these gates fit with @BigFin's favorite sign? Are these illegal gates keeping people from hiking in?
 
It looks like this bill has been killed from what I just saw from the Montana Wildlife foundation.

I don't know enough about it but I am curious about how these gates fit with @BigFin's favorite sign? Are these illegal gates keeping people from hiking in?

The bill did indeed fail to get blasted out of committee and on to the floor by a 48-51 vote. 8 Republicans voted for the bill to come out of committee along with the Democrats.

As written, the bill would have empowered the county road supervisor to remove an illegal gate on an established county road, increased the fine from $10 per day to "up to $500 per day," and allowed the county to issue permits for temporary encroachments to the right of way. The bill was improperly cast by opponents as trying to force access to private land.

It did not open any road that was properly closed, seasonally closed for big game security or any road outside of established county roads. So it held up to BF's sign, as it would only get you to where the real gate was that lets you walk in to your public land.

According to an interim study, over 30% of Montana's State Trust lands are inaccessible to the public who pays to use them. This bill would have helped alleviate some of that issue, while respecting private property rights. It is truly unfortunate that the House couldn't see their way to bring a good bill out of committee and relied on the lies and fearmongering of a few people who have repeatedly attempted to undermine our public land ownership, stream access and access to public lands.
 
I listened to the blast effort, was disappointed to see that it did not make it, but glad there were some Republicans that voted for it.

What is ironic, is that Redfield, who voted against this bill, has his own bill, HB 566, just introduced to the House Judiciary committee on the 23rd, adding a section - to use the same dollar amount to fine a person...

(5) In cases where it is not practicable to provide effective posting of private land as required by subsections (1) through (3), including private land that is unfenced and situated in a checkerboard ownership pattern with public lands, privilege to enter or remain upon land is extended only by the explicit permission of the landowner. Entry to private property as described in this subsection (5) from adjacent public lands without permission of the landowner or the landowner's agent is an absolute liability offense. A violator of this subsection is guilty of a misdemeanor and shall be fined not less than $50 or more than $500 or imprisoned in the county jail for not more than 6 months, or both.
 
Too bad it didn't make the blast out. Close vote though.
Thanks for the update Kat and Ben.
And thanks to all who tried to get this bill on the floor.
 
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