Habitat Montana Under Attack - All Hands on Deck

The HNR committee brought this bill back this morning. Rep. Flynn brought his amendment again to strike section 3 which was passed 15-0 then they moved the bill. It passed put of committee 11-4.
 
by striking section 3, but leaving the coordination amendment, it essentially turns Habitat Montana in to a no net gain effort. By leaving the coordination amendment on, FWP will not be able to prioritize fee title acquisition, purchase inholdings, or focus on conservation easements.

While Flynn's amendments help, it still is a bad bill and should be opposed.
 
HB 651 has been added to the House Floor Session agenda for the evening session, which begins at 5:00PM this evening.
 
We're watching for a reconsideration tomorrow, but hopefully this time - it will stay dead.

Thanks to all who reached out and helped protect Habitat Montana. More fights on this to come.
 
We have a major problem. I was watching Martha Williams confirmation hearing and kept watching the FWP Sen. F & G executive session.

While HB 651 was objected to and did not make transmittal, the Senate Fish & Game committee just added two amendments to HB 434, Sen. Fred Thomas' amendment adds HB 651, the access coordinator answerable to the State Land Board to HB 434. The amendment passed, as well as another by Fielder to strike line 12 of section 3 , the 3 representatives of wildlife conservation groups or sports person organizations to a hunting, a timber and a multiple use recreation person. The bill passed out of committee.

I just got the amendments, Thomas' adds "Access" to the title,

Following: "funding"
Insert: "; and
(v) a description of public access projects and weed
coordination activities undertaken pursuant to [section 8]"
21. Page 5, line 15.
Following: line 14
Insert: "NEW SECTION. Section 8. Public lands access advocate
and noxious weed coordinator. (1) (a) There is a public lands
access advocate and noxious weed coordinator who is appointed and
2 HB043401.AJK
directed by the board of land commissioners.
(b) The public lands access advocate and noxious weed
coordinator is an employee of the department for administrative
purposes only.
(c) The secretary of state shall provide office space for
the public lands access advocate and noxious weed coordinator.
(d) Costs associated with the public lands access advocate
and noxious weed coordinator may be considered administrative
costs paid from funds deposited pursuant to [section 5].
(2) (a) The public lands access advocate and noxious weed
coordinator is dedicated to increasing public access
opportunities on and to public lands, as defined in 15-30-2380,
and to surface waters within the state that are capable of
recreational use.
(b) The public lands access advocate and noxious weed
coordinator shall coordinate noxious weed efforts undertaken on
public lands pursuant to [sections 1 through 9].
(3) The public lands access advocate and noxious weed
coordinator shall:
(a) promote effective engagement in and use of existing
public land access programs and opportunities;
(b) research and identify additional opportunities to
increase public access on and to public lands and to surface
waters within the state that are capable of recreational use;
(c) propose access projects to the board of land
commissioners for consideration, with an emphasis on projects
that utilize land exchanges, procurement of access easements, and
consolidation of checkerboarded lands, and that protect and
enhance wildlife habitat. Approval of the board is required for
access projects proposed pursuant to this section.
(d) work with the department and report to the board of land
commissioners on all noxious weed projects undertaken pursuant to
[sections 1 through 9]."
Renumber: subsequent sections
22. Page 5, line 19.
Strike: "8"
Insert: "9"
23. Page 5, line 20.
Strike: "8"
Insert: "9"
 
Last edited:
Kat's right.

Here we go again.

HB 434 used to be a good bill. It had support from across the natural resource spectrum: logging, ag, sportsmen, conservation, counties, weed districts, etc.

Now, it's turned in to another political ploy that would cause a diversion of PR funds and cost Montana $20 million if enacted. We killed this bill in the House, let's see if we can get HB 434 back on track and amend out the poison pill that Senator Thomas insisted on being inserted. This could be on the floor as soon as tomorrow.

Please call 406-444-4800 and ask that HB 434 be restored to it's original form as it came out of the House of Representatives.
 
Apparently the plan is for the bill to go to a conference committee to iron out the issues. Language revision is proposed to avoid the risk to Pittman-Robertson funds diversion and P-R money "may" be used rather than "shall" be used. Also it's proposed to administratively attach this new position to FWP. Perhaps with enough revisions and with good, well thought-out amendment, this could become a good bill again.
 
There is some weirdness going on here. Just finished watching HB 434.

Hinkle R) was presenting the bill. Fielder (R) added another amendment, removing language about waters, supposedly to be compliant with Pittman-Robertson requirements about terrestrial requirements. The whole of this coordinator position answerable to the State Land Board is not compliant. That amendment passed 40 aye to 9 no.

Then Senator Cohenour (D) submitted an amendment on behalf of the original sponsor, Rep. Kelly Flynn (R), who wanted Sen. Fred Thomas' (R) amendment removed from the bill. Sen. Phillips then stood and pointed out Thomas' amendment needed to be removed because it was clearly a loss of control for FWP, not eligible for PR dollars. They voted on Cohenours' amendment, it failed 24 aye to 25 no.

So they vote on the bill as a whole, which still retains Thomas' hijacking amendment, it passes 36 aye to 13 no.

I have to say, Sen. Edie McClafferty (Butte) stood up in support of Cohenours' amendment, stating, "my sportsmen" contacted her and wanted Thomas' amendment off, wanted the bill restored to the original condition. I thought that was cool.

So now it goes to third reading and we just need to kill the bill, unfortunately.
 
I watched the Senate session this morning (actually it is still going on). They passed HB 434 on third reading 38 aye to 12 no.

Just sent my email to Governor Bullock asking for a veto.
 
Kat, it has to be passed exactly the same in both houses. Doesn't it have to go back to the house for another reading?

Yes.

HB 434 will be going to a conference committee. Representative Flynn wants to try and fix the bill. We should all be supportive of that. Rep. Flynn has worked tirelessly to come up with a bill that will help wildlife, hunters, landowners and improve wildlife habitat. The original form of HB 434 is worth supporting.

Please send a message to your representative asking them to support Rep. Flynn's work and send HB 434 to a conference committee. The Legislature is on break until Tuesday, so emails for now, calls on Tuesday will be most helpful.
 
Both Senator Hinkle and Senator Thomas sent me a message explaining their intent to "fix" the language and improve the bill, so hopefully they will work with Rep Flynn and make it a good bill.

I wonder where FWP fits in this whole legislative process. ???
 
Kat, it has to be passed exactly the same in both houses. Doesn't it have to go back to the house for another reading?

Yes, my bad, was working on too many things at the same time, multiple legislative bills opened, a couple had "transmitted to the Governor" on it that I was working on veto emails - without caffeine as well.

Sorry
 
Last edited:
HB 434 is in a conference committee process. The 3 House conference committee members appointed are Flynn (sponsor), Redfield and Court. The 3 Senate conference committee members are Hinkle, Welborn and Phillips.

I haven't seen a scheduled meeting on either side yet and I called Legislative Services earlier to see if the web had simply not been updated.

There's a new fiscal note.
 
Back
Top