Bill Summary – FastDemocracy

67th Legislature                                                                                                       SB 401.1
                                                    SENATE BILL NO. 401
                                                INTRODUCED BY D. HOWARD
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   A BILL FOR AN ACT ENTITLED: “AN ACT PROVIDING A REFERENDUM TO REPEAL LAWS LEGALIZING,
   REGULATING, AND TAXING THE SALE AND USE OF RECREATIONAL MARIJUANA FOR ADULTS IN
   ORDER TO REDUCE TAXES, STOP THE FORMATION OF A NEW GOVERNMENT DIVISION, ELIMINATE
   STATE REGULATION, AND REDUCE DRUG ADDICTION; PROVIDING THAT THE PROPOSED ACT BE
   SUBMITTED TO THE QUALIFIED ELECTORS OF MONTANA; AMENDING SECTIONS 7-1-111, 23-1-105,
   23-2-108, 41-5-206, 45-9-101, 45-9-102, 45-9-103, 45-9-110, 45-9-127, 45-10-103, 45-10-107, 46-18-231, 50-
   40-103, 53-6-1201, 80-1-104, 87-1-242, AND 87-5-121, MCA; AND REPEALING SECTIONS 16-12-101, 16-
   12-102, 16-12-103, 16-12-104, 16-12-105, 16-12-106, 16-12-107, 16-12-108, 16-12-109, 16-12-110, 16-12-
   111, 16-12-112, 16-12-113, 16-12-201, 16-12-202, 16-12-203, 16-12-204, 16-12-205, 16-12-206, 16-12-207,
   16-12-208, 16-12-209, 16-12-210, 16-12-211, 16-12-301, 16-12-302, 16-12-303, 16-12-304, 16-12-401, 16-12-
   402, 16-12-403, 16-12-404, 16-12-405, 16-12-406, 16-12-407, AND 16-12-408, MCA.”
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              Section 1. Section 7-1-111, MCA, is amended to read:
              "7-1-111. (Subsection (21) effective October 1, 2021) Powers denied. A local government unit with
   self-government powers is prohibited from exercising the following:
              (1)   any power that applies to or affects any private or civil relationship, except as an incident to the
   exercise of an independent self-government power;
              (2)   any power that applies to or affects the provisions of 7-33-4128 or Title 39, except that subject to
   those provisions, it may exercise any power of a public employer with regard to its employees;
              (3)   any power that applies to or affects the public school system, except that a local unit may impose
   an assessment reasonably related to the cost of any service or special benefit provided by the unit and shall
   exercise any power that it is required by law to exercise regarding the public school system;
              (4)   any power that prohibits the grant or denial of a certificate of compliance or a certificate of public
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67th Legislature                                                                                                   SB 401.1
   convenience and necessity pursuant to Title 69, chapter 12;
              (5)   any power that establishes a rate or price otherwise determined by a state agency;
              (6)   any power that applies to or affects any determination of the department of environmental quality
   with regard to any mining plan, permit, or contract;
              (7)   any power that applies to or affects any determination by the department of environmental quality
   with regard to a certificate of compliance;
              (8)   any power that defines as an offense conduct made criminal by state statute, that defines an
   offense as a felony, or that fixes the penalty or sentence for a misdemeanor in excess of a fine of $500, 6
   months' imprisonment, or both, except as specifically authorized by statute;
              (9)   any power that applies to or affects the right to keep or bear arms;
              (10) any power that applies to or affects a public employee's pension or retirement rights as
   established by state law, except that a local government may establish additional pension or retirement
   systems;
              (11) any power that applies to or affects the standards of professional or occupational competence
   established pursuant to Title 37 as prerequisites to the carrying on of a profession or occupation;
              (12) except as provided in 7-3-1105, 7-3-1222, or 7-31-4110, any power that applies to or affects Title
   75, chapter 7, part 1, or Title 87;
              (13) any power that applies to or affects landlords, as defined in 70-24-103, when that power is
   intended to license landlords or to regulate their activities with regard to tenants beyond what is provided in Title
   70, chapters 24 and 25. This subsection is not intended to restrict a local government's ability to require
   landlords to comply with ordinances or provisions that are applicable to all other businesses or residences
   within the local government's jurisdiction.
              (14) subject to 7-32-4304, any power to enact ordinances prohibiting or penalizing vagrancy;
              (15) subject to 80-10-110, any power to regulate the registration, packaging, labeling, sale, storage,
   distribution, use, or application of commercial fertilizers or soil amendments, except that a local government
   may enter into a cooperative agreement with the department of agriculture concerning the use and application
   of commercial fertilizers or soil amendments. This subsection is not intended to prevent or restrict a local
   government from adopting or implementing zoning regulations or fire codes governing the physical location or
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67th Legislature                                                                                                  SB 401.1
   siting of fertilizer manufacturing, storage, and sales facilities.
              (16) subject to 80-5-136(10), any power to regulate the cultivation, harvesting, production, processing,
   sale, storage, transportation, distribution, possession, use, and planting of agricultural seeds or vegetable
   seeds as defined in 80-5-120. This subsection is not intended to prevent or restrict a local government from
   adopting or implementing zoning regulations or building codes governing the physical location or siting of
   agricultural or vegetable seed production, processing, storage, sales, marketing, transportation, or distribution
   facilities.
              (17) any power that prohibits the operation of a mobile amateur radio station from a motor vehicle,
   including while the vehicle is in motion, that is operated by a person who holds an unrevoked and unexpired
   official amateur radio station license and operator's license, "technician" or higher class, issued by the federal
   communications commission of the United States;
              (18) subject to 76-2-240 and 76-2-340, any power that prevents the erection of an amateur radio
   antenna at heights and dimensions sufficient to accommodate amateur radio service communications by a
   person who holds an unrevoked and unexpired official amateur radio station license and operator's license,
   "technician" or higher class, issued by the federal communications commission of the United States;
              (19) any power to require a fee and a permit for the movement of a vehicle, combination of vehicles,
   load, object, or other thing of a size exceeding the maximum specified in 61-10-101 through 61-10-104 on a
   highway that is under the jurisdiction of an entity other than the local government unit;
              (20) any power to enact an ordinance governing the private use of an unmanned aerial vehicle in
   relation to a wildfire;
              (21) any power to prohibit completely adult-use providers, adult-use marijuana-infused products
   providers, and adult-use dispensaries from being located within the jurisdiction of the local government except
   as allowed in Title 16, chapter 12."
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              Section 2. Section 23-1-105, MCA, is amended to read:
              "23-1-105.     (Temporary) Fees and charges -- use of motor vehicle registration fee. (1) The
   department may levy and collect reasonable fees or other charges for the use of privileges and conveniences
   that may be provided and to grant concessions that it considers advisable, except as provided in subsections
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67th Legislature                                                                                                       SB 401.1
   (2) and (6). All money derived from the activities of the department, except as provided in subsection (5), must
   be deposited in the state treasury in a state special revenue fund to the credit of the department.
              (2)   Overnight camping fees established by the department under subsection (1) must be discounted
   50% for a campsite rented by a person who is a resident of Montana, as defined in 87-2-102, and is:
              (a)   62 years of age or older;
              (b)   certified as disabled in accordance with rules adopted by the department; or
              (c)   a veteran of the armed forces. While camping at a discounted rate, the veteran shall carry proof of
   the person's veteran status, such as a DD form 214, U.S. department of veterans affairs identification card, or a
   driver's license indicating the person's veteran status.
              (3)   For a violation of any fee collection rule involving a vehicle, the registered owner of the vehicle at
   the time of the violation is personally responsible if an adult is not in the vehicle at the time the violation is
   discovered by an authorized officer. A defense that the vehicle was driven into the fee area by another person
   is not allowable unless it is shown that at that time, the vehicle was being used without the consent of the
   registered owner.
              (4)   Money received from the collection of fees and charges is subject to the deposit requirements of
   17-6-105(6) unless the department has submitted and received approval for a modified deposit schedule
   pursuant to 17-6-105(8).
              (5)   There is a fund of the enterprise fund type, as defined in 17-2-102(2)(a), for the purpose of
   managing state park visitor services revenue. The fund is to be used by the department to serve the recreating
   public by providing for the obtaining of inventory through purchase, production, or donation and for the sale of
   educational, commemorative, and interpretive merchandise and other related goods and services at
   department sites and facilities. The fund consists of money from the sale of educational, commemorative, and
   interpretive merchandise and other related goods and services and from donations. Gross revenue from the
   sale of educational, commemorative, and interpretive merchandise and other related goods and services must
   be deposited in the fund. All interest and earnings on money deposited in the fund must be credited to the fund
   for use as provided in this subsection.
              (6)   In recognition of the fact that individuals support state parks through the payment of certain motor
   vehicle registration fees, persons who pay the fee provided for in 61-3-321(19)(a) may not be required to pay a
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   day-use fee for access to state parks. Other fees for the use of state parks and fishing access sites, such as
   overnight camping fees, are still chargeable and may be collected by the department.
              (7)   Any increase in the motor vehicle registration fee collected pursuant to 61-3-321(19)(a) on or after
   January 1, 2012, that is dedicated to state parks must be used by the department for maintenance and
   operation of state parks.
              23-1-105. (Effective October 1, 2021) Fees and charges -- use of motor vehicle registration fee.
   (1) (a) The department may levy and collect reasonable fees or other charges for the use of privileges and
   conveniences that may be provided and to grant concessions that it considers advisable, except as provided in
   subsections (2) and (6).
              (b)   There must be deposited into a state special revenue fund in the state treasury to the credit of the
   department:
              (i)   all All money derived from the activities of the department, except as provided in subsection (5)
   must be deposited in the state treasury in a state special revenue fund to the credit of the department; and
              (ii) money from marijuana taxes deposited under 16-12-111.
              (2)   Overnight camping fees established by the department under subsection (1) must be discounted
   50% for a campsite rented by a person who is a resident of Montana, as defined in 87-2-102, and is:
              (a)   62 years of age or older;
              (b)   certified as disabled in accordance with rules adopted by the department; or
              (c)   a veteran of the armed forces. While camping at a discounted rate, the veteran shall carry proof of
   the person's veteran status, such as a DD form 214, U.S. department of veterans affairs identification card, or a
   driver's license indicating the person's veteran status.
              (3)   For a violation of any fee collection rule involving a vehicle, the registered owner of the vehicle at
   the time of the violation is personally responsible if an adult is not in the vehicle at the time the violation is
   discovered by an authorized officer. A defense that the vehicle was driven into the fee area by another person
   is not allowable unless it is shown that at that time, the vehicle was being used without the consent of the
   registered owner.
              (4)   Money received from the collection of fees and charges is subject to the deposit requirements of
   17-6-105(6) unless the department has submitted and received approval for a modified deposit schedule
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   pursuant to 17-6-105(8).
              (5)   There is a fund of the enterprise fund type, as defined in 17-2-102(2)(a), for the purpose of
   managing state park visitor services revenue. The fund is to be used by the department to serve the recreating
   public by providing for the obtaining of inventory through purchase, production, or donation and for the sale of
   educational, commemorative, and interpretive merchandise and other related goods and services at
   department sites and facilities. The fund consists of money from the sale of educational, commemorative, and
   interpretive merchandise and other related goods and services and from donations. Gross revenue from the
   sale of educational, commemorative, and interpretive merchandise and other related goods and services must
   be deposited in the fund. All interest and earnings on money deposited in the fund must be credited to the fund
   for use as provided in this subsection.
              (6)   In recognition of the fact that individuals support state parks through the payment of certain motor
   vehicle registration fees, persons who pay the fee provided for in 61-3-321(19)(a) may not be required to pay a
   day-use fee for access to state parks. Other fees for the use of state parks and fishing access sites, such as
   overnight camping fees, are still chargeable and may be collected by the department.
              (7)   Any increase in the motor vehicle registration fee collected pursuant to 61-3-321(19)(a) on or after
   January 1, 2012, that is dedicated to state parks must be used by the department for maintenance and
   operation of state parks."
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              Section 3. Section 23-2-108, MCA, is amended to read:
              "23-2-108.   (Temporary) Trails and recreational facilities account. (1) There is a trails and
   recreational facilities account in the state special revenue fund established in 17-2-102.
              (2)   There must be paid into the account money collected pursuant to 61-3-321(19)(a)(iii).
              (3)   Money in the account may only be used by the department to provide trails and recreational
   facilities grants pursuant to 23-2-109.
              (4)   Interest and income earned on the account and any unspent or unencumbered money in the
   account at the end of a fiscal year must remain in the account.
              23-2-108. (Effective October 1, 2021) Trails and recreational facilities account. (1) There is a
   trails and recreational facilities account in the state special revenue fund established in 17-2-102.
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67th Legislature                                                                                                       SB 401.1
              (2)   There must be paid into the account:
              (a)    money collected pursuant to 61-3-321(19)(a)(iii); and
              (b)   money from marijuana taxes deposited under 16-12-111.
              (3)   Money in the account may only be used by the department to provide trails and recreational
   facilities grants pursuant to 23-2-109.
              (4)   Interest and income earned on the account and any unspent or unencumbered money in the
   account at the end of a fiscal year must remain in the account."
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              Section 4. Section 41-5-206, MCA, is amended to read:
              "41-5-206.    Filing in district court prior to formal proceedings in youth court. (1) The county
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