Ag fares well in Montana Legislation

With March’s transmittal deadline marking the half-way point of the 66th Montana Legislature, it’s only fitting to provide an update on the first half of the session.  By and large, agriculture has fared well during the uphill stretch.  

Two pieces of legislation that Montana Farm Bureau supported have already received the Governor’s signature and become law, while four other good bills are expected to make an appearance on the second floor this week.

Law: HB 63, Remove sunset date to extend financial liability for pesticide applicators.

Sponsored by Rep. Ray Shaw (R) HD 71, Sheridan. HB 63 removed a sunset date in current law to extend the Department of Agriculture’s rule-making authority to set and enforce the financial responsibility requirements of commercial pesticide applicators. The sunset was put in place during the 2017 Legislative Session to encourage the Department and stakeholders to find a new, acceptable solution for all involved parties before that deadline. Montana Farm Bureau members’ policy supports requiring liability insurance in lieu of the outdated bond requirement. 

Law: HB 104, Free prerequisite licenses for block management cooperators.

Sponsored by Rep. Denley Loge (R) HD 14, Saint Regis.

Prior to the passage of HB 104, a landowner who participates in the block management program is given a combination sports license free of charge. This provides a little extra incentive for landowners to participate in Block Management.  HB 104 simply added the inclusion of “necessary prerequisites” which are 1) the base hunting license, 2) an aquatic invasive species prevention pass and 3) a wildlife conservation license to make the package complete. 

The two bills (SB 97 & HB 271) aimed at stopping the construction of the TransCanada/XL Pipeline both died in committee, and HB 452, which would have expanded state agency oversight of heritage properties onto private lands, lived a very short life. Sen. Mike Phillips’ attempt to ban coyote derbies across the state was unsuccessful, just as his bill to halt hunting and trapping of wolves near Yellowstone did. 

Some bills are nearing the end of their Legislative process and others still have to progress through the opposite chamber. The potential for new bills just coming to life remains.  Though the general bill transmittal deadline has passed, bills with associated revenue appropriations have a later deadline of April 1.   

HB 520, Revise funding for livestock loss board

Sponsored by Rep. Ray Shaw (R) HD 71, Sheridan.

HB 520 would allocate an additional $100,000 from the general fund to the livestock loss reduction and mitigation state special revenue account each year.  The livestock loss program provides financial reimbursements to producers for losses caused by wolves, grizzly bears or mountain lions.  The program was established in recognition of the economic hardship caused by wildlife management decisions livestock producers have no control over but bear the burden of.

The program’s budget has remained stagnant at $200,000 since its inception in 2007 when only losses due to wolf predation were eligible.  Since then, both grizzly bears and mountain lions have been added to the list of eligible predators, but with no additional funding allocation. Consequently, the Livestock Loss Board has come to a point where they receive more applications than they can grant reimbursements for.  

HB 520 passed the House with bipartisan support and was transmitted to the Senate on February 28.

SB 176, Allow for establishment of certified hemp plan and program & SB 177, Revise Montana hemp laws.

Sponsored by Sen. Tom Jacobson (D) SD 11, Great Falls.

Montana led the nation in hemp production under the Department of Agriculture’s pilot program last year.  There are new provisions of the 2018 Farm Bill which removed hemp from the list of controlled substances.  The passage of SB 176 and 177 will enable Montana to remain competitive in the hemp production market.

Now that the crop is federally recognized as an agricultural commodity, some of the Department’s oversight measures, like fingerprinting growers, are no longer needed.  SB 177 would modify state law to reflect hemp’s new status by removing unnecessary requirements.  SB 176 would establish a certified plan and program to regulate and market hemp in Montana.  The bill also allows for growers to form a commodity advisory committee to assist in research, promotion, and market development.  

The Montana Farm Bureau supported both of these bills, which are scheduled to be heard in the House Agriculture Committee on March 21.

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