Letter: Let's Clarify intent of SB 442

Let me first introduce myself. My name is Todd Devlin and I am 4th generation farmer/rancher in eastern Montana. I have been a Prairie County Commissioner since 1995. I was President of the Montana Association of Counties (MACo) in 2016 - 2017. I have been very involved in public land and natural resource issues both at the state and national level for over 30 years and currently am the Chair of the National Association of Counties Public Lands Steering Committee. And, finally, I am the executive director of the Montana Natural Resource Coalition of Counties.

After reading the editorial opinion authored by Senator Salomon opposing SB442 by stating in his opinion that tax revenue from marijuana was distributed unfairly to higher populated counties. We need a little clarification here of what the intent of 442 was. The intent was not to give tax dollars based on population, but rather used a formula to put the dollars where hunting, fishing, and recreation existed. Using Senator Salomon's position on SB442 is that only counties that opted to collect the tax can use the tax. Is he also saying that almost all the billion plus dollars collected in coal tax can only be used in the county where it is extracted?

The formula for SB442 is as follows (est. $10 million)

1). 50 percent on county road mileage compared to all counties mileage

2). 25 percent on county Block Management Acres (BMA) as compared to all BMA in the state

3). 25 percent on acres of public land in a county as compared all public land in the state

The formula is simple. It is unambiguous in its formula and it's intent. On third reading it passed with over 90% of both houses. Is Senator Salomon telling us now that he didn't realize that the formula never took county population into consideration?

Bottom line:

1). If more BMA and Public Land were in higher populated counties, they would receive more dollars.

2). 32 percent of the marijuana tax would have and still will go to recreation, parks, and wildlife habitat which is mostly in rural counties

3). Hunters, fishermen, and recreationalist will still travel from urban to rural for their fun and our rural roads will continue to degrade without these funds.

This governor knew it was against the state constitution not to allow veto override vote by the legislator. He also knew that he would probably loose in court, but he needed time. He knew by the 3rd reading record on SB442 that his veto most likely would have been overridden if the vote would have been taken immediately. He knew that he needed time to muddy the waters on SB442 by spewing false and misleading information along with his political leverage on the legislator, that he just might be able to have a successful veto. Sad but true.

Todd Devlin

Terry, Mont.

406-852-0019