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66th Montana Legislative Session

SB 198
oppose
LC2984
Jason W Ellsworth (R) SD 43
Died in Senate Commitee
-

“Criteria for legal access to exemption parcels” MAP Position: Initial support testimony in Senate and then oppose Final Status: Passed Senate, then died in standing committee in the House Background: The bill provides for criteria to determine legal access to parcels exempt from subdivision review. The legislative committee had issues with how legal access was not clearly defined, but accepted the proposal that it could be decided at the local level in the subdivision exemption criteria. Surveyors were opposed. We supported it, along with MACO and League. Once it got to the House, amendments were proposed that Tara and MACO had issues with, so we sat it out, waiting to see what would happen and eventually it died on its own. SB 263 “Exempting family transfer parcels in approved subdivisions” MAP Position: Opposed and testified Final Status: Died in Senate Committee.

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SB 33
oppose
LC0564
Tom Richmond (R) SD 28
Tabled in Senate Committee
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“Eliminate public participation from subsequent phases of subdivision” MAP Position: Oppose Final Status: Tabled in Senate Committee Background: MAP committee members agreed that last session’s phasing bill, which we helped to draft, is not perfect and could use some clarification on this topic and likely others. The final testimony stressed that the phasing statute is new and we need more experience with implementation to identify what is working and what is not. 

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HB 324
watch
LC312
Walt Sales (R) HD 69
Became Law
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“Assessment of Property Annexed into Water or Sewer District” MAP Position: None Taken Status: Passed into Law Background: We were asked by Rep Walt Sales (R, Bozeman) to look at this bill, which we determined was a subject we are not well experienced with in general as planners. 

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HB 341
watch
LC3060
Bob Brown (R) HD 13
Became Law
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Establish ground water assessment and monitoring programs and annual funding of $250,000 MAP Position: None taken Status: Passed into Law; the companion surface water bill (HB342) was transferred to Senate, but tabled in committee.

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SB 276
watch
LC0690
Roger Webb (R) SD 23
Became Law
-

Conversion of condominium to townhomes MAP Position: None taken Status: Passed into Law Background: This wasn’t high on our radar as it focused on changes to the unit ownership. It has changes for the MSPA exemption language to now address townhomes and conversions.

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HB 16
support
LC0131
Dave Fern (D) HD 5
Became Law
-

$15 million of the Coal Tax Trust Fund to be loaned for affordable housing projects. Loans are permissible for new development and preservation of existing housing. MAP Position: Support Final Status: Passed into Law

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SB 300
oppose
LC2998
Kenneth Bogner (R) SD 19
Became Law
-

“Restrictions on HOAs” Prevents HOAs from imposing more onerous restrictions on a property owner than what was in place when the owner acquired the real property MAP Position: Oppose. Status: Approved into Statute Background: Our decision to oppose came after lengthy discussion— HOAs are private contractual arrangements, not something we typically take a position on, but because we review them and many local governments rely on them to function as de facto improvement districts, we did discuss it. After a poll of membership, MAP opposed this bill. This bill stemmed from one person’s issue – they were buying a home, expecting to do something that was allowed under then current HOA covenants, but was later prohibited by the HOA shortly after the individual finalized purchase. This is a “type of use” issue that could have been addressed more predictably and with full process through zoning rather than HOA covenants.

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HB 124
support
LC1079
Forrest Mandeville (R) HD 57
Became Law
-

“Lifting Agricultural Covenants” MAP Position: Supported Final Status: Passed into Law (Title 76, Ch 3, Part 2) Background: This bill allows for the lifting of agricultural covenants by county commissioners when original lot lines are restored or a public entity seeks to use the land for public purposes “as defined in the governing body’s review criteria. The bill was advanced by MACO. Follow-up: Local governments should ensure they have sufficient criteria to determine “public purpose” in their subdivision regulations. 

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HB 332
oppose
LC0300
Joshua Kassmier (R) HD 27
Probably Dead
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The “Bison Bill” – requiring county commissioner approval before buffalo can be released in a county MAP Position: Oppose with amendment, sent veto request Final Status: Gubernatorial Veto Background: This bill surfaced last session as well. This time the bill tied the County Commission’s decision to the growth policy, effectively making a growth policy regulatory.

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