MT Legislature - Week 4

[Ben Lamb]

Committee Hearings for Week 4:

House:
House transportation
02-FEB-11 3:00 PM 455 HB290
Generally revise laws governing public road access - Jon C Sesso


House State Administration:
2-FEB-11 8:00 AM 455 HB313
Increase game warden salaries - Ted Washburn


House FWP
01-FEB 3:00 PM 152 HB 282
Revise law on registration for sale of grizzly bears or hides, heads, mounts - Kelly Flynn

01-FEB 3:00 PM 152 HB 289
Provide for a three-year waiting period on mountain lion license - Gerald (Jerry) Bennett

01-FEB 3:00 PM 152 HB 214
Managing bison as livestock - Bill Harris

03-FEB 3:00 PM 152 HB 137
Authorize bounties, commercial hook-line fishing for lake trout in Flathead Lake - Scott Reichner

03-FEB 3:00 PM 152 HB 321
Nullify federal endangered species act - Krayton Kerns

03-FEB 3:00 PM 152 HB 339
Eliminate limit on sale of Class B-13 youth nonresident big game combo licenses - Liz Bangerter

03-FEB 3:00 PM 152 HB 361
Requiring the issuance of archery-only elk permits at 2007 levels Ted Washburn


House Agriculture:
03-FEB-11 3:00 PM 472 HB345
Revise compensation rates for block management program - Kelly Flynn



House Judiciary:
02-FEB 8:00 AM 137 HB 174
Repeal prohibition on firearm sound reduction devices in field - Krayton Kerns



Senate:
Senate Fish and Game:
01-FEB-11 3:00 PM 422 SB157
Establish hunters against hunger donation program - Kendall Van Dyk

01-FEB-11 3:00 PM 422 SB174
Prohibit state funds for movement or relocation of bison to Spotted Dog WMA - Gene Vuckovich

01-FEB-11 3:00 PM 422 SB184
Allow for bow and arrow bison hunt - Kendall Van Dyk


Senate Local Government:
04-FEB-11 3:00 PM 405 SB209
Revise subdivision and platting act - Bruce Tutvedt

 

[mdunc8]

House Judiciary:
02-FEB 8:00 AM 137 HB 174
Repeal prohibition on firearm sound reduction devices in field - Krayton Kerns

Senate:
Senate Fish and Game:
01-FEB-11 3:00 PM 422 SB157
Establish hunters against hunger donation program - Kendall Van Dyk

What's the reasoning behind the "silencer" bill? I'd like to see some help with the hunger donation program. I'd be more than willing to donate an animal or two, but I don't have the money to pay for processing.

 

[tjones]

end the madness

 

[shoots-straight]

Thanks Ben, these SOB's are killing me.

 

[Ben Lamb]

What's the reasoning behind the "silencer" bill? I'd like to see some help with the hunger donation program. I'd be more than willing to donate an animal or two, but I don't have the money to pay for processing.

SB 157 , Kendall Van Dyk D-Billings, establishes an account specially designed to fund a hunters for the hungry fund, allowing folks to donate a dollar or more (optional).

You can still donate an animal if you'd like, but some of the rural food banks can't afford the processing fees, so hunters pay the extra $100 or so to process.

It's a good bill. There is another on moving forward that forces of $3 from your b tags to do the same thing: SB 90 by Senator Jeff Essman R -Billings. This bill is problematic because of causes a diversion of Federal funds, and makes FWP lose about $15 million per year.

 

[twodot]

Ben, any word on correcting the wording in House Bill 221 ? I was bringing this up with Ron Moody, and my local legislator way back in the summer.
House bill 221 states "prior to reaching 12 years of age, minors who will reach 12 years of age by January 16 of a license year may hunt any game species after August 15th of that year as long as the minor obtains the necessary license pursuant to this chapter".

This bill is not correct. Said youth can not hunt bobcat. Bobcat has a hunting season as prescribed in the regs. The bill 221 does not make provision for said youth to buy a trapping license thereby preventing the youth from being able to excercise his/her suposed right to be able to hunt "any game species" Too late for my kid, but maybe next year some other youngster won't have to wonder why the laws says they can do something but then red tapes it away from them.

thanks for all your effort on these things. twodot

 

[Ben Lamb]

Tony, get madder. Worse is coming.

Twodot, I haven't seen anything yet, but will snoop around and see if I can find a vehicle to make that an amendment.

 

[Ben Lamb]

Another long day at the Capitol.

We had HB 214 up in House FWP. It would turn all bison in to livestock. It is apparently needed because communists and globalists are taking over Montana, and buying up ranches at fair market value.

In Senate Fish and Game, we had SB 174 which would prohibit the state from spending money trying to put a few bison on the Spotted Dog WMA, rather than ship them to slaughter.

Some good bills were up today too: SB 157, Hunters for the Hungry, and SB 184, Allowing for archery hunting of Bison both had good hearings.

Tomorrow is another big day: HB 290, our road bill, would make it more difficult to close roads that are currently open to the public.

HB 313 increases Game Warden Salaries

And HB 174 which allows for silencers in the field.

Some committee actions took place today, including passing HB 209 out of committee (restructures the funding for Habitat Montana), as did HB 272, which eliminates FWP's authority to purchase fee title lands with the access enhancement fund.

Committees are starting to feel the heat under a tight time frame, and hopefully many bills will not get a hearing due to the immense work load that the legislature is under this session. Over 200 fish and wildlife related bills have been introduced or requested, many of them fall under eliminating citizen oversight related to environmental protection, and reducing commission authority, thus eliminating the voice of the hunter in management decisions.

Two bills to pay particular attention to that will come up are: SB 237 and SB 255

SB 237, as I read it, would require test and slaughter of elk at worst, and intrusive and expensive testing at the least, for brucellosis reasons.

 

[tjones]

We have a crew headed your way today Ben, hope they give um hell!

 

[Ben Lamb]

The Wardens are up there in force! It's pretty entertaining to watch people walk in to a hallway w/ 30 wardens standing there.

 

[Drake4]

Speaking of horsesh#$ stupid bills. When is HB 369 up?

 

[Ben Lamb]

Now. Listen in. They're working on some other bills first.

 

[Big Fin]

Sitting here, waiting for HB369 to come up. This bill is being pushed by Montana Shooting Sports Assoc. and the Western Montana Fish and Game Assoc. (whoever that is).

At a loss for why people are supporting this "Montana Poacher Enabling Act," but many are here to support this bill.

 

[BuzzH]

Give them an ear-full...for starters.

A swift kick to the ass would be better yet.

 

[WV Hunter]

Suppressors illegal in MT or just illegal to hunt with?

 

[MattK]

According to the news this morning, it is just illegal to hunt with a silencer but not to possess one. Equally bad, they want to have a bill that allows for concealed gun possession in vehicles at a place of work and they are trying to make it so you don't a concealed carry license.

 

[montanadogs]

Fin or ben let us know how HB369 turns out.

 

[WV Hunter]

According to the news this morning, it is just illegal to hunt with a silencer but not to possess one. Equally bad, they want to have a bill that allows for concealed gun possession in vehicles at a place of work and they are trying to make it so you don't a concealed carry license.

What do you mean equally bad?

I own suppressors......

What's wrong with being able to conceal a weapon in your vehicle at work?

 

[Big Fin]

Fin or ben let us know how HB369 turns out.

Just back from the hearing.

The guy who used the 500 yard example, Gary Marbut, is the Executive Director of the Montana Shooting Sports Association. Mr. Marbut stated his organization had brought forth this bill for the sponsor to introduce.

He then stated his friend had shot a bull with two busted antlers, from 500 yards. After finding that one was a legal antler, though busted, the guy wanted to not get a ticket for taking a bull on a cow tag. This was brought as an example of what could be "cured" with this legislation.

Yes, everyone admitted this was the "Lewton" screw up legislation. Not any there were defending FWP for that fiasco. And no one defended the Attorney General Office for it, either.

Lewton was there with his attorney. His attorney would not let him speak, but his attorney went on for a long time about many injustices he sees, none of which would be cured by this bill. The committee chairman - Rep. Peterson did a good job of keeping people on track.

Amazingly, many seemed surprise to learn that the AG office handles all F&G prosecutions, not the county DA. The AG's office was there, explaining the process they use for determining a prosecution. Most of Lewton's attorneys comments were pointed at the AG. Nothing in this bill deals with how the AG office works in general, or how the AG office works with regards to FWP citations.

It was almost hilarious to see people get up and make claim of so many wrongs, beyond the obvious issue of the Lewton case. The anecdotal stories make for good entertainment, but no one provided one single case where FWP has been reprimanded or sued for abuse of powers. Not one single case was presented where the AG has been sued and convicted of malicious prosecution. If things are so out of hand at FWP and the AG office, seems like we would have at least one case in the many thousands of poaching cases brought forth by FWP to the AG for prosecution.

A campfire book written by some guy about MT Game Warden abuse was presented as evidence. Hard not to laugh out loud when that is what a case is built on. Many sides were handing out newspaper articles, which given the level of reporting in newspapers today, is almost as laughable as the campfire book.

When it was pointed out to many that the bill did not address the anecdotal stories they told the committee, they almost looked bewildered. I would like to be sitting in on the next discussion when this legislator is asked to carry a bill from MSSA, that is as poorly written as this one. The sponsor looked poorly prepared, and much of that was due to a bill that was poorly written.

This bill is a disaster of the greatest proportions.

Knowing the beating they were taking prior to the hearing, the sponsor introduced the bill to the committee, then recited so many amendments it was very difficult to follow what this bill was going to look like in the end.

The landowners who spoke on this bill were also in opposition.

The hearing ended with the sponsor stating it may not be the perfect bill, but it hopefully gets attention of FWP. She was going to offer more amendments.

She left me, and everyone else I talked to, with the impression that she was not that supportive of the bill. It seems as though she was carrying this for MSSA and she did not seem very well versed on what it did to solve the problems some had mentioned. I could be wrong on that.

I would be surprised if it passes the committee, but I have had that feeling before, only to be surprised.

It is very frustrating to have to waste so much time on these kind of things. MWF had their person there, as did Headwaters Fish and Game Association. Also had a high school kid from Bozeman testify.

The irony of it all is that many of those who supported the bill wanted negligence removed as cause for a hunting or fishing citation, due to MCA 87 (the part of MT code dealing with hunting and fishing laws) supposedly being so complicated and difficult to understand that people were committing violations due to the inability to comprehend all the rules.

Those same people that claim Title 87 is so complicated, have introduced 170+ bills this session that would increase the hunting and fishing rules under Title 87. If those without reading comprehension skills cannot understand the code as written today, will they fare any better if/when 170 new laws add more to it?

If not so serious to our future of hunting and fishing, it would be laughable.

 

[tjones]

Thanks for the update and the time spent in Helena. Sounds like a root canel would have been more fun.