67th Legislature HB 302.1
1 HOUSE BILL NO. 302
2 INTRODUCED BY J. KASSMIER
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REQUIRING AUTHORIZATION OF THE BOARD OF COUNTY
5 COMMISSIONERS BEFORE WILD BUFFALO OR WILD BISON ARE RELEASED INTO A COUNTY;
6 REQUIRING RELEASE OF WILD BUFFALO OR WILD BISON TO MEET CERTAIN CONDITIONS;
7 AMENDING SECTIONS 7-1-111, 76-1-605, 81-2-120, AND 87-1-216, MCA; AND PROVIDING AN
8 IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE.”
9
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
11
12 NEW SECTION. Section 1. Transplantation or relocation of wild buffalo or wild bison into
13 county -- authorization. (1) A board of county commissioners shall review any proposal made by the
14 department of livestock or the department of fish, wildlife, and parks under 81-2-120 or 87-1-216 to authorize
15 the transplantation or relocation of any wild buffalo or wild bison certified by the state veterinarian as
16 brucellosis-free into that county.
17 (2) A board of county commissioners may not authorize a wild buffalo or wild bison to be transplanted
18 or relocated into a county unless:
19 (a) the animal is certified as brucellosis-free;
20 (b) the board finds the transplantation or relocation does not threaten the public health, safety, and
21 welfare of the citizens of the county; and
22 (c) the board finds the transplantation or relocation is consistent with the elements of a growth policy
23 adopted pursuant to Title 76, chapter 1.
24 (3) The provisions of this section do not apply to proposals made by the department of livestock or the
25 department of fish, wildlife, and parks under 81-2-120 or 87-1-216 to transplant or relocate wild buffalo or wild
26 bison certified by the state veterinarian as brucellosis-free to a qualified tribal entity pursuant to 81-2-
27 120(1)(a)(ii).
28
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1 Section 2. Section 7-1-111, MCA, is amended to read:
2 "7-1-111. (Subsection (21) effective October 1, 2021) Powers denied. A local government unit with
3 self-government powers is prohibited from exercising the following:
4 (1) any power that applies to or affects any private or civil relationship, except as an incident to the
5 exercise of an independent self-government power;
6 (2) any power that applies to or affects the provisions of 7-33-4128 or Title 39, except that subject to
7 those provisions, it may exercise any power of a public employer with regard to its employees;
8 (3) any power that applies to or affects the public school system, except that a local unit may impose
9 an assessment reasonably related to the cost of any service or special benefit provided by the unit and shall
10 exercise any power that it is required by law to exercise regarding the public school system;
11 (4) any power that prohibits the grant or denial of a certificate of compliance or a certificate of public
12 convenience and necessity pursuant to Title 69, chapter 12;
13 (5) any power that establishes a rate or price otherwise determined by a state agency;
14 (6) any power that applies to or affects any determination of the department of environmental quality
15 with regard to any mining plan, permit, or contract;
16 (7) any power that applies to or affects any determination by the department of environmental quality
17 with regard to a certificate of compliance;
18 (8) any power that defines as an offense conduct made criminal by state statute, that defines an
19 offense as a felony, or that fixes the penalty or sentence for a misdemeanor in excess of a fine of $500, 6
20 months' imprisonment, or both, except as specifically authorized by statute;
21 (9) any power that applies to or affects the right to keep or bear arms;
22 (10) any power that applies to or affects a public employee's pension or retirement rights as
23 established by state law, except that a local government may establish additional pension or retirement
24 systems;
25 (11) any power that applies to or affects the standards of professional or occupational competence
26 established pursuant to Title 37 as prerequisites to the carrying on of a profession or occupation;
27 (12) except as provided in 7-3-1105, 7-3-1222, [section 1], or 7-31-4110, any power that applies to or
28 affects Title 75, chapter 7, part 1, or Title 87;
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1 (13) any power that applies to or affects landlords, as defined in 70-24-103, when that power is
2 intended to license landlords or to regulate their activities with regard to tenants beyond what is provided in Title
3 70, chapters 24 and 25. This subsection is not intended to restrict a local government's ability to require
4 landlords to comply with ordinances or provisions that are applicable to all other businesses or residences
5 within the local government's jurisdiction.
6 (14) subject to 7-32-4304, any power to enact ordinances prohibiting or penalizing vagrancy;
7 (15) subject to 80-10-110, any power to regulate the registration, packaging, labeling, sale, storage,
8 distribution, use, or application of commercial fertilizers or soil amendments, except that a local government
9 may enter into a cooperative agreement with the department of agriculture concerning the use and application
10 of commercial fertilizers or soil amendments. This subsection is not intended to prevent or restrict a local
11 government from adopting or implementing zoning regulations or fire codes governing the physical location or
12 siting of fertilizer manufacturing, storage, and sales facilities.
13 (16) subject to 80-5-136(10), any power to regulate the cultivation, harvesting, production, processing,
14 sale, storage, transportation, distribution, possession, use, and planting of agricultural seeds or vegetable
15 seeds as defined in 80-5-120. This subsection is not intended to prevent or restrict a local government from
16 adopting or implementing zoning regulations or building codes governing the physical location or siting of
17 agricultural or vegetable seed production, processing, storage, sales, marketing, transportation, or distribution
18 facilities.
19 (17) any power that prohibits the operation of a mobile amateur radio station from a motor vehicle,
20 including while the vehicle is in motion, that is operated by a person who holds an unrevoked and unexpired
21 official amateur radio station license and operator's license, "technician" or higher class, issued by the federal
22 communications commission of the United States;
23 (18) subject to 76-2-240 and 76-2-340, any power that prevents the erection of an amateur radio
24 antenna at heights and dimensions sufficient to accommodate amateur radio service communications by a
25 person who holds an unrevoked and unexpired official amateur radio station license and operator's license,
26 "technician" or higher class, issued by the federal communications commission of the United States;
27 (19) any power to require a fee and a permit for the movement of a vehicle, combination of vehicles,
28 load, object, or other thing of a size exceeding the maximum specified in 61-10-101 through 61-10-104 on a
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1 highway that is under the jurisdiction of an entity other than the local government unit;
2 (20) any power to enact an ordinance governing the private use of an unmanned aerial vehicle in
3 relation to a wildfire;
4 (21) any power to prohibit completely adult-use providers, adult-use marijuana-infused products
5 providers, and adult-use dispensaries from being located within the jurisdiction of the local government except
6 as allowed in Title 16, chapter 12."
7
8 Section 3. Section 76-1-605, MCA, is amended to read:
9 "76-1-605. Use of adopted growth policy. (1) Subject to subsection (2), after adoption of a growth
10 policy, the governing body within the area covered by the growth policy pursuant to 76-1-601 must be guided by
11 and give consideration to the general policy and pattern of development set out in the growth policy in the:
12 (a) authorization, construction, alteration, or abandonment of public ways, public places, public
13 structures, or public utilities;
14 (b) authorization, acceptance, or construction of water mains, sewers, connections, facilities, or
15 utilities; and
16 (c) adoption of zoning ordinances or resolutions.
17 (2) (a) A growth policy is not a regulatory document and does not confer any authority to regulate that
18 is not otherwise specifically authorized by law or regulations adopted pursuant to the law.
19 (b) AExcept for the authorization required by [section 1], a governing body may not withhold, deny, or
20 impose conditions on any land use approval or other authority to act based solely on compliance with a growth
21 policy adopted pursuant to this chapter."
22
23 Section 4. Section 81-2-120, MCA, is amended to read:
24 "81-2-120. Management of wild buffalo or wild bison for disease control. (1) Whenever a publicly
25 owned wild buffalo or wild bison from a herd that is infected with a dangerous disease enters the state of
26 Montana on public or private land and the disease may spread to persons or livestock or whenever the
27 presence of wild buffalo or wild bison may jeopardize Montana's compliance with other state-administered or
28 federally administered livestock disease control programs, the department may, under a plan approved by the
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1 governor, use any feasible method in taking one or more of the following actions:
2 (a) The live wild buffalo or wild bison may be captured, tested, quarantined, and vaccinated. Wild
3 buffalo or wild bison that are certified by the state veterinarian as brucellosis-free may be:
4 (i) sold to help defray the costs that the department incurs in building, maintaining, and operating
5 necessary facilities related to the capture, testing, quarantine, or vaccination of the wild buffalo or wild bison.
6 Proceeds from the sale of live, brucellosis-free, vaccinated wild buffalo or wild bison must be deposited in the
7 state special revenue fund to the credit of the department. Any revenue generated in excess of the costs
8 referred to in this subsection (1)(a)(i) must be deposited in the state special revenue fund provided for in 87-1-
9 513(2).
10 (ii) transferred to a qualified tribal entity that participates in the disease control program provided for in
11 this subsection (1)(a). Acquisition of wild buffalo or wild bison by a qualified tribal entity must be done in a
12 manner that does not jeopardize compliance with a state-administered or federally administered livestock
13 disease control program. The department may adopt rules consistent with this section governing tribal
14 participation in the program or enter into cooperative agreements with tribal organizations for the purposes of
15 carrying out the disease control program.
16 (a)(b) The live wild buffalo or wild bison may be physically removed by the safest and most
17 expeditious means from within the state boundaries, including but not limited to hazing and aversion tactics or
18 capture, transportation, quarantine, or delivery to a department-approved slaughterhouse.
19 (b)(c) The live wild buffalo or wild bison may be destroyed by the use of firearms. If a firearm cannot
20 be used for reasons of public safety or regard for public or private property, the animal may be relocated to a
21 place that is free from public or private hazards and destroyed by firearms or by a humane means of
22 euthanasia.
23 (c)(d) The live wild buffalo or wild bison may be taken through limited public hunts pursuant to 87-2-
24 730 when authorized by the state veterinarian and the department.
25 (d) The live wild buffalo or wild bison may be captured, tested, quarantined, and vaccinated. Wild
26 buffalo or wild bison that are certified by the state veterinarian as brucellosis-free may be:
27 (i) sold to help defray the costs that the department incurs in building, maintaining, and operating
28 necessary facilities related to the capture, testing, quarantine, or vaccination of the wild buffalo or wild bison; or
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1 (ii) transferred to qualified tribal entities that participate in the disease control program provided for in
2 this subsection (1)(d). Acquisition of wild buffalo or wild bison by a qualified tribal entity must be done in a
3 manner that does not jeopardize compliance with a state-administered or federally administered livestock
4 disease control program. The department may adopt rules consistent with this section governing tribal
5 participation in the program or enter into cooperative agreements with tribal organizations for the purposes of
6 carrying out the disease control program.
7 (e) Proceeds from the sale of live, brucellosis-free, vaccinated wild buffalo or wild bison must be
8 deposited in the state special revenue fund to the credit of the department.
9 (f) Any revenue generated in excess of the costs referred to in subsection (1)(d)(i) must be deposited
10 in the state special revenue fund provided for in 87-1-513(2).
11 (2) Whenever the department is responsible for the death of a wild buffalo or wild bison, either
12 purposefully or unintentionally, the carcass of the animal must be disposed of by the most economical means,
13 including but not limited to burying, incineration, rendering, or field dressing for donation or delivery to a
14 department-approved slaughterhouse or slaughter destination.
15 (3) In disposing of the carcass, the department:
16 (a) as first priority, may donate a wild buffalo or wild bison carcass to a charity or to an Indian tribal
17 organization; or
18 (b) may sell a wild buffalo or wild bison carcass to help defray expenses of the department. If the
19 carcass is sold in this manner, the department shall deposit any revenue derived from the sale of the wild
20 buffalo or wild bison carcass to the state special revenue fund to the credit of the department.
21 (4) The department may adopt rules with regard to management of publicly owned wild buffalo or wild
22 bison that enter Montana on private or public land and that are from a herd that is infected with a contagious
23 disease that may spread to persons or livestock and may jeopardize compliance with other state-administered
24 or federally administered livestock disease control programs.
25 (5) Except for a transfer to a qualified tribal entity pursuant to subsection (1)(a)(ii), after a wild buffalo
26 or wild bison is certified brucellosis-free by the state veterinarian, the department may authorize its
27 transplantation or relocation into any state county pursuant to this section after the department receives the
28 authorization of the board of county commissioners of the affected county or counties pursuant to [section 1]."
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1
2 Section 5. Section 87-1-216, MCA, is amended to read:
3 "87-1-216. Wild buffalo or bison as species in need of management -- policy -- department
4 duties. (1) The legislature finds that significant potential exists for the spread of contagious disease to persons
5 or livestock in Montana and for damage to persons and property by wild buffalo or bison. It is the purpose of
6 this section:
7 (a) to designate publicly owned wild buffalo or bison originating from Yellowstone national park as a
8 species requiring disease control;
9 (b) to designate other wild buffalo or bison as a species in need of management; and
10 (c) to set out specific duties for the department for management of the species.
11 (2) The department:
12 (a) is responsible for the management, including but not limited to public hunting, of wild buffalo or
13