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MT Legislature kicks off 68th session with hot topics

Montana Farm Bureau Federation
Jan. 27, 2023 4 minutes read
MT Legislature kicks off 68th session with hot topics

The 68th Montana Legislative Session is in full swing and the halls of the Montana Capitol are once again filled with legislators, lobbyists, media, constituents and many others. Time has flown since the last session adjourned, and the Montana Farm Bureau Federation (MFBF) is happy to be back in-person representing Montana’s farmers and ranchers. Here is what their focus has been to date.

• Red tape removal. A big theme of the session has been reducing the regulatory burden for all Montanans. Many of the bills MFBF has supported in the 2023 session have been under the administration’s “Red Tape Relief Project,” and they are very thankful to each department that took an in-depth look at their various sections of Montana Code Annotated to review what is outdated or cumbersome.

• Outdated language. The Department of Livestock (DOL) has presented many bills that remove outdated language. For example, House Bill (HB) 153 generally revises laws related to livestock markets. The bill is sponsored by Rep. Brandon Ler (R-35) and updates language in regards to livestock markets to include the use of online markets, since today, online auctions are a common way to market livestock.

Advances of new technologies should not be hindered by legislation that was developed many years ago, and this is just one example of the DOL’s work in this project. MFBF supports this initiative and applauds the many who are making it possible.

The Department of Agriculture, Department of Natural Resources and Conservation and Department of Fish, Wildlife and Parks (FWP) have all brought forward bills of similar nature to update and modify legislation that benefits agriculture.

• Water rights. The Montana Comprehensive Water Review took place between the 2021 Legislative Session and the 2023 Legislative Session, focusing on two main key challenges: final decree transition; and changes, mitigation and exceptions. Through this process, two bills were created to address the challenges, and both bills have strong support from MFBF.

Senate Bill (SB) 72 revises judicial administration of water rights and is sponsored by Sen. Steve Fitzpatrick (R-SD-10). The bill creates a one-stop shop to administer water now that final decrees are being issued. It protects local knowledge and control by relying on four water division judges who specialize in water law. Without the bill, there is no deadline or limit on who can petition to revoke or reduce a provisional permit. SB 72 protects senior water right holders, and creates a stronger and more efficient process. This bill is incredibly important to agriculture and is one of the most impactful pieces of water legislation in 40 years. MFBF encourages all members to engage with their legislators, asking them to support this bill.

HB 114 revises timelines for the water right permit and change process and is sponsored by Rep. Sue Vinton (R-56). The bill provides more timely and efficient water right permits and changes application processes. This bill reduces overall process timeframes from 360 days to 105 days, with a pre-application meeting if no extensions, deficiencies or comments are filed. Putting these sideboards on time ensures that all water users can get through their change or permit in a more streamlined manner.

• Taxation. Along with red tape relief, the administration has continued their commitment to provide broad-based tax relief with SB 121, which reduces the top marginal income tax rate and increases earned income tax credit. The bill is sponsored by Sen. Becky Beard (R-80). This bill lowers the top income tax rate from 6.5% to 5.9%. Readers may recall that the Montana Legislature lowered the income tax rate in 2021. SB 121 continues the reduction, and MFBF supports this effort.

MFBF also supported HB 212, which increased business equipment tax exemptions. The bill is sponsored by Rep. Josh Kassmier (R-27) and increases the business equipment tax exemption for class eight property from $300,000 to $1 million. This legislation is particularly beneficial to farmers, ranchers and other businesses that require a great deal of equipment or machinery. Reducing the business equipment tax incentivizes more small business owners to invest in more or better equipment that ultimately helps them be more productive. For farmers and ranchers, this gives them an opportunity to upgrade equipment and invest in their local communities.

• Grizzly bears. MFBF supported SB 85, which required management of delisted grizzly bears at sustainable levels. This bill was sponsored by Sen. Mike Lang (R-7). Removing grizzly bears from the Endangered Species List is of utmost importance to MFBF members. Montana FWP has proven they are capable of properly managing grizzly bears and should be the primary manager of this species, not the federal government. This bill outlines how FWP will manage the bears after delisting and shows the federal agencies that Montana is more than ready to take back state management. MFBF

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