Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                            HB 419.1
                                                HOUSE BILL NO. 419
         INTRODUCED BY J. HINKLE, E. BUTTREY, L. JONES, D. LENZ, B. BROWN, T. MANZELLA, S.
     HINEBAUCH, M. HOPKINS, J. ELLSWORTH, B. LER, B. PHALEN, P. FIELDER, M. BINKLEY, R. MINER
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  A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO SECURITY FOR DAMAGES
  WHEN AN INJUNCTION OR RESTRAINING ORDER IS GRANTED; REQUIRING A JUDGE TO COLLECT
  SECURITIES FOR INJUNCTIONS OR RESTRAINING ORDERS THAT DIMINISH THE PROTECTIONS
  PROVIDED IN ARTICLE IX, SECTION 7, OF THE MONTANA CONSTITUTION TO HARVEST WILD FISH
  AND WILD GAME ANIMALS; AMENDING SECTIONS 27-19-306 AND 87-1-107, MCA; AND PROVIDING AN
  IMMEDIATE EFFECTIVE DATE.”
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          WHEREAS, Article IX, section 7, of the Montana Constitution protects the opportunity of the citizens of
  Montana to harvest wild fish and wild game animals; and
          WHEREAS, organizations purporting to support the environment or animal rights have succeeded in
  persuading the judiciary to issue unlawful injunctive relief; and
          WHEREAS, injunctions and restraining orders that diminish the opportunities protected by Article IX,
  section 7, of the Montana Constitution irreparably harm the citizens of Montana since each day that an unlawful
  injunction or restraining order is in force is a day in which Montana citizens are denied their harvest heritage
  and is a day that can never be recovered.
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          Section 1. Section 27-19-306, MCA, is amended to read:
          "27-19-306.    Security for damages. (1) Subject to 25-1-402, on granting an injunction or restraining
  order, the judge shall require a written undertaking to be given by the applicant for the payment of the costs and
  damages that may be incurred or suffered by any party who is found to have been wrongfully enjoined or
  restrained. Except as provided in subsection (2), the undertaking:
          (a)      must be fixed at a sum that the judge considers proper; and
                                                               -1-                     Authorized Print Version – HB 419
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68th Legislature 2023                                                                                                     HB 419.1
           (b)      may be waived:
           (i)      in domestic disputes; or
           (ii)     in the interest of justice.
           (2)      (a) If a party seeks an injunction or restraining order against an industrial operation or activity,
  the judge shall require a written undertaking to be filed by the applicant. The amount of the written undertaking
  must be set in an amount that includes all of the wages, salaries, and benefits of the employees of the party
  enjoined or restrained during the anticipated time that the injunction or restraining order will be in effect. The
  amount of the written undertaking may not exceed $50,000 unless the interests of justice require. The written
  undertaking must be conditioned to indemnify the employees of the party enjoined or restrained against lost
  wages, salaries, and benefits sustained by reason of the injunction or restraining order.
           (b)      If a party or other person seeks an injunction or restraining order that diminishes any of the
  opportunities protected by Article IX, section 7, of the Montana constitution or by 87-1-107, the judge shall
  require a written undertaking to be filed by the applicant. The amount of the written undertaking must be the
  greater of $50,000 or a reasonable estimation of the aggregate losses to all persons whose opportunities are
  diminished by the injunction or restraining order. The judge may not impose a written undertaking of less than
  $50,000 unless good cause is shown and the reasons are set forth in an order.
           (b)(c)   As used in subsection (2)(a), "industrial operation or activity" includes but is not limited to
  construction, mining, timber, and grazing operations.
           (3)      (a) Within 30 days after the service of the an injunction pursuant to subsection (2)(a), the party
  enjoined may object to the sufficiency of the sureties. Any person may object at any time to the sufficiency of an
  injunction or restraining order served pursuant to subsection (2)(b).
           (b)      If the party or person enjoined as provided in subsection (3)(a) fails to object, all objections to
  the sufficiency of the sureties are waived. When objected to, the applicant's sureties, upon notice to the party
  enjoined of not less than 2 or more than 5 days, shall justify before a judge or clerk in the same manner as
  upon bail on arrest. If the sureties fail to justify or if others in their place fail to justify at the time and place
  appointed, the order granting the injunction must be dissolved.
           (4)      This section does not prohibit a person who is wrongfully enjoined from filing an action for any
  claim for relief otherwise available to that person in law or equity and does not limit the recovery that may be
                                                                   -2-                        Authorized Print Version – HB 419
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68th Legislature 2023                                                                                              HB 419.1
  obtained in that action."
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          Section 2. Section 87-1-107, MCA, is amended to read:
          "87-1-107.    Right to harvest -- legislative intent -- security for damages. (1) The legislature,
  mindful of its constitutional obligations under Article II, section 3, of the Montana constitution protecting the
  inalienable rights of a person to pursue life's basic necessities, enjoy the person's life and liberties, and pursue
  happiness in all lawful ways, and Article IX, section 7, of the Montana constitution protecting the opportunity for
  a person to harvest wild fish and wild game animals while not diminishing other private rights, has enacted the
  laws of this title pertaining to the lawful means of hunting, fishing, and trapping, as defined in 87-2-101 and 87-
  6-101, as adequate remedies for the preservation of the harvest heritage of the individual citizens of this state.
          (2)      If a party or other person seeks an injunction or restraining order that diminishes any of the
  opportunities protected by Article IX, section 7, of the Montana constitution or this section, securities for
  damages must be sought pursuant to 27-19-306."
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          NEW SECTION. Section 3.         Effective date. [This act] is effective on passage and approval.
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                                                                -3-                      Authorized Print Version – HB 419
Statutes affected: 
HB0419_1.pdf: 27-19-306, 87-1-107
Introduced: 27-19-306, 87-1-107