Legislative Briefs - Week 11

Bill to Add an Annual Fee to Electric Vehicle is Nearing Governor's Desk.

A bill that would add a yearly fee to all electric vehicles in the state gets one step closer to becoming law.

Rep. Denley Loge, R-St. Regis, is sponsoring House Bill 60 which would add an annual fee to all electric vehicles in the state to substitute for Montanas gas tax.

The bill passed the House of Representatives on 92-8 on Jan. 25, and following a second reading vote of 38-12 in the Senate on Mar. 14, it will be evaluated by the Senate Finance and Claims Committee before it can be sent back to the Senate for a final vote.

"Now we all know we drive on our roads, we've heard about some of that already today, and our roads do fall apart," Sen. Mark Noland, R-Bigfork, said when presenting the bill to the Senate. "So what's fair for us who use our gasoline cars, diesel trucks – we get assessed an allotment at the gas pump. There is nothing to be charged for our wonderful electric cars."

Annual fees on electric vehicles would range from $130 to $1,000 depending on weight of the vehicle and calculations on how much gas tax that car would pay yearly if it had a combustion engine.

During committee hearings on the bill, the Montana Environmental Information Center raised questions about the cost of the fees and the math that was used to calculate them.

The group has opposed the bill throughout the process, arguing that the fees were way too high in comparison to other states. Several of the group's representatives pointed to Utah, which has a $90 fee and North Dakota, which has a $120 fee, both lower than the proposed fee in Montana.

Governor Signs Bill to Remove Sections of Montana Environmental Policy

Gov. Greg Gianforte has signed into law a bill that repeals sections of the state environmental law that supporters of the bill say were incomplete.

Rep. Steve Gunderson, R-Libby, sponsored House Bill 170, which passed the House of Representatives on a party-line vote 67-32 on Jan. 23, and then by the Senate 34-16 on Mar. 15.

"Although this wasn't one of the original red-tape removal bills that the governor had come up with, they did come in and support it heavily because frankly it basically went right along the line of what they were doing," Sen. Jason Small, R-Busby, said when presenting the bill to the Senate.

Small said the two sections being removed haven't been able to keep up over time, and are already covered in other sections of law, which makes them redundant. He said that this bill is pretty much a clean-up bill for the state's environmental policy.

Sen. Chris Pope, D-Bozeman, spoke against the bill and said that one of the sections being deleted deals with all aspects of the state's energy from past to future, and it would be a travesty to remove a section that helps with the development of all Montanans energy resources.

"For those of us that track energy development, I think it goes without saying that this is a time of remarkable technology change in our energy economy here in the Treasure State which in turn has brought significant market disruption with direct effects to our economy," Pope said.

Pope said that the sections being removed are important because they have language that outlines reducing dependence on oil from "unfriendly countries," and they allow the exploration of alternative forms of energy like nuclear and hydrogen power.

Bill that Would Add Penalties to Flying Drones Near Wildfires Gains Support

A bill moving through the Montana Legislature with bi-partisan support would allow charges to be filed against people who interfere with fire suppression methods by operating drones in the area of an active fire.

Sen. Willis Curdy, D-Missoula, is sponsoring Senate Bill 219 which would create the ability for counties to file charges against people who delay fire reducing efforts when operating an unmanned aerial vehicle in the area.

The bill passed the Senate 37-10 on Feb. 10, and it is now in the hands of the House Natural Resources Committee.

SB 219 implements penalties of up to a $500 fine, and no more than six months in jail if an individual is found guilty of impeding wildfire suppression by using a drone.

Curdy said last summer in Helena, there were two incidents in which drones were flying in a path around a wildfire, which delayed fire crews from being able to safely deal with the situation until the drone was removed from the airway. He said the wildfire suppression companies that contract aerial fire suppression tools went to the county attorney's office and asked to press charges against the drone operators, but the county couldn't because there was no official law on the issue in Montana.

"Senate Bill 219 provides an avenue solving that problem by allowing local and state prosecutors to bring criminal charges against individuals who 'obstruct,' and this is the key word for this bill," Curdy said. "This bill deals with obstruction of fire-related activities, preventing Montana wildland firefighters from suppressing their fires."

The bill also adds definitions to Montana law on what is considered an unmanned aerial vehicle, and the circumstances that would be considered obstructing.

Matthew Hall, the fire protection bureau chief for the Department of Natural Resources and Conservation, was one of two supporters of the bill and said wildfires used to be predictable, but the risks are growing each year.

"Obstructions of wildfire suppression activities can hinder our initial attack efforts, which results in wildfires growing in size making them more difficult to control, posing a greater threat to communities and ultimately costing more to suppress," Hall said.

Hall said one individual's actions can completely derail wildfire suppression actions, and even force an entire squad to retreat. He said these individuals currently can't face any consequences even if it leads to risking lives or property.

There were no opponents at the hearing.

A Bill that Lays Out a Plan to Delist Grizzly Bear Gets One Step Closer to Finish Line

The House Fish, Wildlife and Parks Committee heard more testimony last week on a bill that would lay out a plan for the Montana Fish, Wildlife and Parks department to manage grizzly bears if they are taken off the federal endangered species list.

Sen. Mike Lang, R-Malta, is sponsoring Senate Bill 85, which passed through the Senate on a party-line vote 37-12 in January, and was transferred to the House.

The bill would create commitments from FWP and the state to monitor grizzly bear population mortality limits, and make sure that a consistent population is present within the state.

"Grizzly bears have fully recovered in greater Yellowsteone and the Northern Continental Divide recovery areas. For grizzly bears to be delisted in Montana the state must describe and commit to acceptable state management practices to ensure the population remains recovered," Lang said. "I think this is time and we need to do it, I think our state through FWP has shown the ability to manage this thing."

The U.S. Fish and Wildlife Service delisted grizzly bears in the Yellowstone ecosystem in 2017, but a federal court overruled that in 2018 placing the animal back on the endangered species list in the area, making it currently illegal to harm, harass, or kill the bears unless it is in self-defense.

Lang and supporters of the bill say delisting the bear is vital to protect Montana families and agriculture with the growing population in the state. However, opponents to the bill are concerned with FWP's and the state's ability to manage the animal if it were to be taken off the list.

Mac Minard, executive director of the Montana Outfitters and Guides Association, spoke in support of the bill and said it is a thoughtful implementation of state management to remove the grizzly bear from the federal endangered species list.

"We did it during the wolf delisting activities, we do it again with the grizzly bear delisting. It is our position that the best management that can possibly occur is that management that occurs within the states," Minard said.

Nick Courville, a resident of Charlo, spoke in favor of the bill saying that grizzlies heavily impact the operations of his ranch in Western Montana.

"Whether it be from sampling silage pits, grizzlies being in our summer pasture with our yearlings, and even a handful of cubs that weren't hibernated this winter that had to be put down," Courville said.

Nick Gevock, representing the Endangered Species Coalition, spoke against the bill and said that though an amendment that included measures of non-lethal management made the bill better, it still falls short of the mark.

"The issues we have with this bill are tied to lines 26 through 28, language that says 'Montana would purposely manage grizzly bears' including non-conflict bears to limit their distribution on the landscape. This is counter to the commitments the state has made previously to the U.S. Fish and Wildlife Service and to the public," Gevock said.

Four others opposed the bill, echoing Gevock's sentiments, with some adding that they believe FWP isn't capable of properly managing grizzly bears within the state.

The committee took no immediate action on the bill.

Bill Would Create a New Enhanced Concealed Carry Permit

The Montana House of Representatives will now debate a bill that would allow for an enhanced concealed carry permit that would allow permit-holders to carry firearms in five additional states.

Rep. Kerri Seekins-Crowe, R-Billings, is sponsoring House Bill 674, which would create additional requirements for an enhanced concealed carry permit that would be effective across state lines, and would require a background check and safety training.

"In 2021, House Bill 102 enhanced Monatanans second-amendment rights and promoted public safety, by making it easier for law-abiding citizens to defend themselves from criminals," Seekins-Crowe said. "Every law-abiding citizen in Montana should be able to defend themselves and their loved ones and be confident that their right to keep and bear arms shall not be infringed. This is what this bill is about."

The bill passed the House Judiciary Committee 17-2 on Feb. 28, and passed second reading in the house 95-5 on Mar. 2.

The bill was moved to the House Appropriations Committee, which advanced it back to the House with amendments on an 18-0 vote.

In 2021, the legislature passed a bill that gave any resident in the state the ability to conceal carry a legally owned firearm without a permit or background check. HB 674 sets up a process of background checks and training that an individual must complete to receive a concealed carry permit that would extend to other states such as Minnesota, Washington, South Carolina, Delaware, and New Mexico. The permit would last for five years and permit-holders would be monitored, including their criminal records, mental stability and completion of firearm safety training courses that are sanctioned by law enforcement agencies.

"Getting the enhanced concealed carry is completely optional, and included the components that these five states require to gain reciprocity: fingerprint based background checks, a live fire exercise, criminal background check, and a course in firearm training and safety," Seekins-Crowe said.

The permit would also only be available to those 21-year-old or older.

Rep. Zooey Zephyr, D-Missoula, supported the bill, saying that the bill would allow Montanans to not accidentally enter a state that has stricter concealed carry laws. She said it would maintain a method for residents to have the proper training and permitting to enter those states and still be able to concealed carry.

"My only slight reservation with this bill is that it's static. I wish there was a way to make sure that as states potentially pass laws with differing restrictions that we would be able to adapt to ensure that Montanans can have their second amendment rights," Zephyr said.

Caven Wade is a student reporter with the UM Legislative News Service, a partnership of the University of Montana School of Journalism, the Montana Broadcasters Association, the Montana Newspaper Association and the Greater Montana Foundation. He can be reached at [email protected].