Bill Summary – FastDemocracy

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69th Legislature 2025                                                                                          LC0415.1
                                     _____________ BILL NO. _____________
                   INTRODUCED BY _________________________________________________
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  A BILL FOR AN ACT ENTITLED: “AN ACT EXPANDING THE LIVESTOCK LOSS REDUCTION AND
  MITIGATION PROGRAMS TO INCLUDE BLACK BEARS; AMENDING SECTIONS 2-15-3110, 2-15-3111, 2-
  15-3112, 2-15-3113, 81-1-110, AND 87-1-217, MCA; AND PROVIDING AN EFFECTIVE DATE.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          Section 1. Section 2-15-3110, MCA, is amended to read:
          "2-15-3110.     Livestock loss board -- purpose, membership, and qualifications. (1) There is a
  livestock loss board. The purpose of the board is to administer the programs called for in the Montana gray wolf
  conservation and management plan, the Montana mountain lion management plan, the Montana black bear
  management plan, and the Montana grizzly bear management plan and established in 2-15-3111 through 2-15-
  3113, with funds provided through the accounts established in 81-1-110, in order to minimize losses caused by
  wolves, mountain lions, black bears, and grizzly bears to livestock producers and to reimburse livestock
  producers for livestock losses from wolf, mountain lion, black bear, and grizzly bear predation.
          (2)      The board consists of five members, appointed by the governor, as follows:
          (a)      three members who are actively involved in the livestock industry and who have knowledge
  and experience with regard to wildlife impacts or management; and
          (b)      two members of the general public who are or have been actively involved in wildlife
  conservation or wildlife management and who have knowledge and experience with regard to livestock
  production or management.
          (3)      The board is designated as a quasi-judicial board for the purposes of 2-15-124.
  Notwithstanding the provisions of 2-15-124(1), the governor is not required to appoint an attorney to serve as a
  member of the board.
          (4)      The board is allocated to the department of livestock for administrative purposes only as
  provided in 2-15-121.
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69th Legislature 2025                                                                                             LC0415.1
           (5)      The board shall adopt rules to implement the provisions of 2-15-3110 through 2-15-3114 and
  81-1-110 through 81-1-113.
           (6)      The board shall prioritize grants for prevention of wolf and grizzly bear predation over those for
  mountain lion or black bear predation."
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           Section 2. Section 2-15-3111, MCA, is amended to read:
           "2-15-3111.     Livestock loss reduction program. The livestock loss board shall establish and
  administer a program to cost-share with individuals or incorporated entities in implementing measures to
  prevent wolf, mountain lion, black bear, and grizzly bear predation on livestock, including:
           (1)      eligibility requirements for program participation;
           (2)      application procedures for program participation and procedures for awarding grants for wolf,
  mountain lion, black bear, and grizzly bear predation prevention measures, subject to grant priorities and the
  availability of funds;
           (3)      criteria for the selection of projects and program participants, which may include establishment
  of grant priorities based on factors such as chronic depredation, multiple depredation incidents, single
  depredation incidents, and potential high-risk geographical or habitat location;
           (4)      grant guidelines for prevention measures on public and private lands, including:
           (a)      grant terms that clearly set out the obligations of the livestock producer and that provide for a
  term of up to 12 months subject to renewal based on availability of funds, satisfaction of program requirements,
  and prioritization of the project;
           (b)      cost-share for prevention measures, which may be a combination of grant and livestock
  producer responsibility, payable in cash or in appropriate services, such as labor to install or implement
  preventive measures, unless the board adjusts the cost-share because of extenuating circumstances related to
  chronic or multiple depredation; and
           (c)      proactive preventive measures and other preventive measures as information on new or
  different successful prevention measures becomes available; and
           (5)      reporting requirements for program participants to assist in determining the effectiveness of
  loss reduction relative to each grant."
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69th Legislature 2025                                                                                          LC0415.1
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          Section 3. Section 2-15-3112, MCA, is amended to read:
          "2-15-3112.     Livestock loss mitigation program -- definitions. The livestock loss board shall
  establish and administer a program to reimburse livestock producers for livestock losses caused by wolves,
  mountain lions, black bears, and grizzly bears, subject to the following provisions:
          (1)      The board shall establish eligibility requirements for reimbursement, which must provide that all
  Montana livestock producers are eligible for coverage for losses by wolves, mountain lions, black bears, and
  grizzly bears to cattle, swine, horses, mules, sheep, goats, llamas, and livestock guard dogs on state, federal,
  tribal, and private land.
          (2)      (a) Except as provided in subsection (2)(b), the board may reimburse confirmed and probable
  livestock losses at an amount not to exceed the fair market value of the livestock.
          (b)      The board may reimburse confirmed and probable livestock losses by paying a multiplier of the
  fair market value of the livestock based on a board-determined region.
          (c)      Before the board may issue a reimbursement for losses to a livestock producer eligible for
  coverage for losses, the department of revenue shall certify that the livestock producer has paid per capita fees
  as required by 15-24-921. Except for a tribal member or tribal entity participating in an authorized agreement
  pursuant to 2-15-3113, a livestock producer may not receive a reimbursement for losses until the producer has
  paid any delinquent per capita fees.
          (3)      Other losses may be reimbursed at rates determined by the board.
          (4)      A claim process must be established to be used when a livestock producer suffers a livestock
  loss for which wolves, mountain lions, black bears, or grizzly bears may be responsible. The claim process
  must set out a clear and concise method for documenting and processing claims for reimbursement for
  livestock losses.
          (5)      Names, addresses, and other personally identifiable information of claimants must remain
  confidential and may not be released.
          (6)      (a) A process must be established to allow livestock producers to appeal reimbursement
  decisions. A producer may appeal a staff adjuster's decision by notifying the staff adjuster and the board in
  writing, stating the reasons for the appeal and providing documentation supporting the appeal. If the
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69th Legislature 2025                                                                                             LC0415.1
  documentation is incomplete, the board or a producer may consult with the U.S. department of agriculture
  wildlife services to complete the documentation.
          (b)      The board may not accept any appeal on the question of whether the loss was or was not a
  confirmed or probable loss because that final determination lies solely with the U.S. department of agriculture
  wildlife services and may not be changed by the board.
          (c)      The board shall hold a hearing on an appeal within 90 days of receipt of the written appeal,
  allowing the staff adjuster and the producer to present their positions. A decision must be rendered by the
  board within 30 days after the hearing. The producer must be notified in writing of the board's decision.
          (7)      As used in this section, the following definitions apply:
          (a)      "Confirmed" means reasonable physical evidence that livestock was actually attacked or killed
  by a wolf, mountain lion, black bear, or grizzly bear, including but not limited to the presence of bite marks
  indicative of the spacing of tooth punctures of wolves, mountain lions, black bear, or grizzly bears and
  associated subcutaneous hemorrhaging and tissue damage indicating that the attack occurred while the animal
  was alive, feeding patterns on the carcass, fresh tracks, scat, hair rubbed off on fences or brush, eyewitness
  accounts, or other physical evidence that allows a reasonable inference of wolf, mountain lion, black bear, or
  grizzly bear predation on an animal that has been largely consumed.
          (b)      "Fair market value" means:
          (i)      for commercial sheep more than 1 year old, the average price of sheep of similar age and sex
  paid at the most recent Billings livestock sale ring or other ring as determined by the board;
          (ii)     for commercial lambs, the average market weaning value;
          (iii)    for registered sheep, twice the average value of commercial sheep of the same age and sex;
          (iv)     for commercial cattle more than 1 year old, the average price of cattle of similar age and sex
  paid at the most recent Billings livestock sale ring or other ring as determined by the board;
          (v)      for commercial calves, the average market weaning value;
          (vi)     for registered cattle, twice the average value of commercial cattle of the same age and sex;
          (vii)    for other registered livestock, twice the average value of commercial-grade animals of the
  same breed, age, and sex; or
          (viii)   for other livestock, the average price paid at the most recent public auction for the type of
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69th Legislature 2025                                                                                           LC0415.1
  animal lost or the replacement price as determined by the board.
           (c)     "Probable" means the presence of some evidence to suggest possible predation but a lack of
  sufficient evidence to clearly confirm predation by a particular species. A kill may be classified as probable
  depending on factors including but not limited to recent confirmed predation by the suspected depredating
  species in the same or a nearby area, recent observation of the livestock by the owner or the owner's
  employees, and telemetry monitoring data, sightings, howling, or fresh tracks suggesting that the suspected
  depredating species may have been in the area when the depredation occurred."
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           Section 4. Section 2-15-3113, MCA, is amended to read:
           "2-15-3113.     Additional powers and duties of livestock loss board. (1) The livestock loss board
  shall:
           (a)     process claims;
           (b)     seek information necessary to ensure that claim documentation is complete;
           (c)     provide payments authorized by the board for confirmed and probable livestock losses, along
  with a written explanation of payment;
           (d)     submit monthly and annual reports to the board of livestock summarizing claims and
  expenditures and the results of action taken on claims and maintain files of all claims received, including
  supporting documentation;
           (e)     provide information to the board of livestock regarding appealed claims and implement any
  decision by the board;
           (f)     prepare the annual budget for the board; and
           (g)     provide proper documentation of staff time and expenditures.
           (2)     The livestock loss board may enter into an agreement with any Montana tribe, if the tribe has
  adopted a wolf, mountain lion, black bear, or grizzly bear management plan for reservation lands that is
  consistent with the state wolf, mountain lion, black bear, or grizzly bear management plan, to provide that tribal
  lands within reservation boundaries are eligible for livestock loss reduction program grants pursuant to 2-15-
  3111.
           (3)     The livestock loss board shall:
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69th Legislature 2025                                                                                            LC0415.1
           (a)     coordinate and share information with state, federal, and tribal officials, livestock producers,
  nongovernmental organizations, and the general public in an effort to reduce livestock losses caused by
  wolves, mountain lions, black bears, and grizzly bears;
           (b)     establish an annual budget for the prevention, mitigation, and reimbursement of livestock
  losses caused by wolves, mountain lions, black bears, and grizzly bears;
           (c)     perform or contract for the performance of periodic program audits and reviews of program
  expenditures, including payments to individuals, incorporated entities, and producers who receive loss
  reduction grants and reimbursement payments;
           (d)     adjudicate appeals of claims;
           (e)     investigate alternative or enhanced funding sources, including possible agreements with public
  entities and private wildlife or livestock organizations that have active livestock loss reimbursement programs in
  place;
           (f)     meet as necessary to conduct business; and
           (g)     report annually to the governor, the legislature in accordance with 5-11-210, members of the
  Montana congressional delegation, the board of livestock, the fish and wildlife commission, and the public
  regarding results of the programs established in 2-15-3111 through 2-15-3113.
           (4)     The livestock loss board may sell or auction any carcasses or parts of carcasses from wolves,
  or mountain lions, or black bears received pursuant to 87-1-217. The proceeds, minus the costs of the sale
  including the preparation of the carcass or part of the carcass for sale, must be deposited into the livestock loss
  reduction and mitigation special revenue account established in 81-1-110 and used for the purposes of 2-15-
  3111 through 2-15-3114."
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           Section 5. Section 81-1-110, MCA, is amended to read:
           "81-1-110.   Livestock loss reduction and mitigation accounts. (1) There are livestock loss
  reduction and mitigation special revenue accounts administered by the department within the state special
  revenue fund and the federal special revenue fund established in 17-2-102.
           (2)     (a) All state proceeds allocated or budgeted for the purposes of 2-15-3110 through 2-15-3114,
  81-1-110, and 81-1-111, except those transferred to the account provided for in 81-1-112 or 81-1-113 or
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69th Legislature 2025                                                                                                LC0415.1
  appropriated to the department of livestock, must be deposited in the state special revenue account provided
  for in subsection (1) of this section.
          (b)       Money received by the state in the form of gifts, grants, reimbursements, or allocations from
  any source intended to be used for the purposes of 2-15-3111 through 2-15-3113 must be deposited in the
  appropriate account provided for in subsection (1) of this section.
          (c)       All federal funds awarded to the state for compensation for wolf, mountain lion, black bear, or
  grizzly bear depredations on livestock must be deposited in the federal special revenue account provided for in
  subsection (1) for the purposes of 2-15-3112.
          (3)       The livestock loss board may spend funds in the accounts only to carry out the provisions of 2-
  15-3111 through 2-15-3113."
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          Section 6. Section 87-1-217, MCA, is amended to read:
          "87-1-217.    Policy for management of large predators -- legislative intent. (1) In managing large
  predators, the primary goals of the department, in the order of listed priority, are to:
          (a)       protect humans, livestock, and pets;
          (b)       preserve and enhance the safety of the public during outdoor recreational and livelihood
  activities; and
          (c)       preserve citizens' opportunities to hunt large game species.
          (2)       With regard to large predators, it is the intent of the legislature that the specific provisions of
  this section concerning the management of large predators will control the general supervisory authority of the
  department regarding the management of all wildlife.
          (3)       For the management of wolves in accordance with the priorities established in subsection (1),
  the department may use lethal action t