It increases the pace of habitat management and restoration across rural Montana in order to improve land, wildlife, and water resources.
By Amanda Eggert, Montana Free Press
Montana Governor Greg Gianforte (R) is set to sign two bills that seek to redistribute the marijuana recreational taxes collected by the state. Greg Gianforte, (R), will be able to sign the bills. Senate Bill 537 – a bill that its sponsor called a “cops & conservation” – cleared the final vote in its legislative session on Tuesday. It received support from more than three quarters of lawmakers. House Bill 932 passed the Legislature the next day. It only addresses the water and conservation side of marijuana funding.
SB 537 contains instructions for coordination that state if Gianforte signs both SB 537 and HB 932, HB 932, becomes null.
The bills both establish a Habitat Legacy Account, which allows Montana Fish, Wildlife and Parks, (FWP), to use conservation dollars to improve wildlife habitat and restore private lands.
Most of the habitat legacy account funding—75 percent—would initially be funneled toward the land and wildlife stewardship account, a new fund to be managed by FWP. The remaining 20 percent of the habitat legacy account would be allocated to Wildlife Habitat Improvement Project, also known as WHIP. This existing program focuses on mitigating noxious plants. The final 5 percent will go to an account for animal crossings, accommodations and other wildlife-related projects that the lawmakers recently supported with House Bill 855.
Habitat Montana is a program that FWP administers. It was established by lawmakers in 1987. The goal of the program, which is administered by FWP, is to provide wildlife with the space they need to flourish and create public access. Habitat Montana assisted FWP in acquiring the Big Snowy Wildlife Management Area in northwest Montana, as well as the Montana Great Outdoors Easement to protect working forestland. The department also secured a few 40-year leases in the central and east of Montana.
When the Habitat Legacy Account is created, landowners and conservation districts as well as conservation nonprofits and tribal governments could all apply for funding. Projects can range from conifer and invasive plant removal to fence modifications and removal.
The Montana Wildlife Federation and other nonprofits like the Teddy Roosevelt Conservation Partnership and The Nature Conservancy as well as Backcountry Hunters and Anglers and Montana Conservation Voters Education Fund, have all thrown their weight behind the Habitat Legacy Fund, stating that it will allow conservation efforts to be flexible and sustainable for the long term.
Wild Montana lobbyist Jake Brown testified to the lawmakers about SB 537 during the public testimony held on April 17, 2019.
SB 537 creates the Habitat Legacy Account and allocates the tax revenues of nearly $30,000,000 that go to the General Fund. The General Fund is the slush fund for state government, which lawmakers divide up every second year.
SB 537 would increase or create new allocations for substance use disorder treatment and police department operations. It also funds homelessness assistance, sexual assault exam kits, as well as support to those who are homeless. Montana Coalition to Solve Homelessness, and Montana Department of Justice have endorsed those allocations.
SB 537, sponsored by Sen. Daniel Zolnikov of Billings, emphasized its law enforcement components. The bill provides $50,000 each to every law enforcement department, tribal police included, in Montana, and the remaining funding is divided up per capita so that departments who have larger payrolls will receive more money.
He told Montana Free Press that he had worked hard to maintain the 31 percent figure, which is the portion of marijuana taxes collected that will be used to fund law enforcement. Many departments have very limited budgets and this bill helps. [with] that.”
In the last days of the 69th Legislature lawmakers also approved HB 932 which creates an habitat legacy account. HB 932 differs from its competitor in that it creates a $4 million water-storage-specific expenditure to be coordinated with the Department of Natural Resources and Conservation but leaves untouched other marijuana tax- supported allocations.
The HB-932 bill passed in both houses of the Legislature, on 30 April. 84 percent supported it.
Like Zolnikov, HB 932 sponsor Rep. Ken Walsh (R-Twin Bridges) wondered aloud whether Gianforte will oppose HB 537 given its impact on the General Fund.
Walsh added, “We will have to wait and see.” Walsh said, “I’m not sure.” [HB 537] Still has a way to travel.”
Gianforte generally criticizes efforts to assign tax revenues by statute.
He said at a press conference on April 24, “Anytime that you tie up specific revenue streams to certain uses, it really ties future Legislatures and Administrations’ hands.” These times are changing. We have to be prepared for what lies ahead.
SB 537 was approved by 10 votes in committee and on the floor. The measure, which entered the legislative fray relatively late in the session, also encountered several amendments—some successful, others not—along the way.
The HB 932 also had to go through a similar test, and it survived eight votes as well as two rounds of amendements.
Gianforte has ten days after receiving the bill to either sign it or veto it. The law is made when bills are not signed or vetoed.
This story was originally published by Montana Free Press at montanafreepress.org.
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Side Pocket Images. Photo by Chris Wallis.