I respect private property and private property rights, lets make sure those protections for property owners and recreationists aren't destroyed.
Below is my comment I sent to the House members on HB 231 yesterday, please take a few minutes to send the Representatives your public comment objecting to an amendment in HB 231 that would set Montana's trespass laws back over 30 years (group listing of the House members email addresses at the bottom of this email, so you can copy and paste the whole block into your TO: email header, can't make it any easier than that). The bill has its second reading on Monday, 1/30/2017, the same day as the Public Lands Rally in Helena (I have flu, but I will be with y'all in spirit). Perhaps, while you are there, you can speak to some legislators about this dangerous bill/amendment before they vote on it. :)
HB 231 PDF of text Video of the hearing with the hijacking of HB 231.(Click on HB 231 under the Video to advance it to that portion) Hunt Talk forum thread on this subject Mike Korn's perspective (retired FWP Enforcement) on the thread
Kathryn
_______________
Dear House of
Representative members,
I am writing
to express my concern over an amendment which hijacked HB 231,
Revising laws regarding trespass, sponsored by Rep. Peggy
Webb.
Last night I
came across HB 231 at the laws lookup website and was shocked
by what I saw passed on the 25th, I notified various
hunting/angling groups and the Hunt Talk forum of my concerns.
Originally,
Rep. Webb's amendment to MCA
45-6-201 and 203
were justifiable for residential private property concerns
from squatters, for example. But listening to the audio, you
hear Rep. Casey Knudsen, joined by Rep. Harris, hijack the
intent of this bill and gut the trespassing laws that were
enacted under HB 911 in 1985, in effect for over 30 years now,
which protected both private property owners and
recreationists. I question the motivation. Why?
If preventing
trespassing of private property is the ideal, which I uphold
and advocate, how is striking these preventative aspects of
the trespass law going to help achieve that?
Additionally,
if this hijacking of the bill should pass and become law, many
informational publications, which have had this trespass law
published to educate the public at large, will have to be
revised, published and distributed, at great taxpayer cost and
time, the matriculation of which to the general public would
probably take a couple years at least, meanwhile, this bill
would go into effect immediately, making the public in danger
of costly citations and legal costs.
Outdoor
recreation is one of the largest economic drivers in Montana.
What would be the impact to out of state recreationists or
international tourists unintentionally trespassing because
there was no markings or signage assisting in advising the
public? Will Montana then develop a bad reputation, like a
speed trap, of a public recreation trespassing trap?
Not intending
to trespass, respecting private property rights, I own and use
a high end Garmin GPS with landownership maps when I research
and recreate, but I also know that landownership changes
rapidly and chip updates do not always show up, or a road
looks public and a portion of it is not or the road is public
but the land on either side is not and that posting helps to
clarify to the public what is private. Land owner orange
markings and signage are beneficial, most especially to those
that do not own such equipment. Those orange markings and
signage help protect private property interests.
The following
was struck -
HB 911 was
supported by the Montana Stockgrowers Association, the Montana
Cattlemen's Association, the Montana Farm Bureau Federation,
the Montana Wildlife Federation, Trout Unlimited, MT FWP,
Montana Cow Belles, Sweet Grass County Preservation
Association, and individuals. Some quotes below.
“The Montana Stockgrowers Association
supports passage of House Bill 911. House Bill 911 is the
result of the interim study which considered impacts of
the stream access problem upon private landowners. The
testimony given given during the hearings of the interim
committee revealed the trespass laws of the State of
Montana were not working to protect private property
rights...
House Bill 911 corrects both problems.
The bill is essentially a minimum posting law... House
Bill 911 also broadens the powers of the fish and game
wardens to enforce the trespass laws. This is needed in
light of the stream access decisions since the potential
for conflict between private property rights and public
recreational rights will increase.
The Montana Stockgrowers Association
urges passage of House Bill 911.”
The Montana
Cattlemen's Association - “Mr.
Chairman, members of the committee, H.B. 911 contains some
real improvements to the trespass law, from both the
landowner's and sportsmen's viewpoints... Giving the
Landowner flourescent orange paint as an alternative to
printed 'no trespassing' signs solves one of the
mechanical problems involving posting notice... It (HB
911) represents a necessary improvement to the law.”
“Mr. Chairman, members of the committee
for the record my name is Lorna Frank, representing
Montana Farm Bureau.
Farm Bureau delegates at the 65th Annual
meeting last December were very concerned about getting
stronger trespass legislation passed which would insure
that private property will be free from public use except
with permission from the landowner.
Farm Bureau supports HB 911 because we
feel it protects private property and urges this committee
to give HB 911 a do pass recommendation.”
Please
protect private property from trespassing, prevent some
unintentional trespass by recreationists, protect
landowner/recreationists relationships, protect Montana's
recreation reputation, prevent an unnecessary
publication/distribution/education cost to Montana taxpayers
and the unnecessary, increased workload of our law
enforcement.
I urge the
members of the House to either kill HB 231 or insist that the
Knudsen/Harris amendment above be struck from the bill,
returning it to the original intent represented in the Jan. 12th
version.
Thank you,
Kathryn QannaYahu
Enhancing Montana's Wildlife & Habitat
406-579-7748
513 1/2 W. Curtiss St.
Bozeman, MT 59715
Kathryn QannaYahu
Enhancing Montana's Wildlife & Habitat
406-579-7748
513 1/2 W. Curtiss St.
Bozeman, MT 59715
_______________
Rep.Kim.Abbott@mt.gov,
nancyballance@aol.com,
Danbartel2@gmail.com,
becky4hd80@blackfoot.net,
bennettforhouse@gmail.com,
Rep.Seth.Berglee@mt.gov,
Rep.Laurie.Bishop@mt.gov,
randybrodehl57@gmail.com,
Rep.Bob.Brown@mt.gov,
brownformontana@gmail.com,
Rep.Tom.Burnett@mt.gov,
Rep.Rob.Cook@mt.gov, vcourtforlegislature@yahoo.com,
Rep.Mike.Cuffe@mt.gov,
Rep.Willis.Curdy@mt.gov,
Amanda@amandaformontana.com,
Rep.Geraldine.Custer@mt.gov,
alandoane@midrivers.com,
kimberly.dudik@gmail.com,
Rep.MaryAnn.Dunwell@mt.gov,
Rep.Jenny.Eck@mt.gov,
Rep.Ron.Ehli@mt.gov, Rep.Janet.Ellis@mt.gov,
jessmann@mt.gov, Rep.Dave.Fern@mt.gov,
Rep.Ross.Fitzgerald@mt.gov,
JohnFlemingStIgnatius@gmail.com,
Rep.Kelly.Flynn@mt.gov,
Rep.Moffie.Funk@mt.gov,
wyliegaltformt@gmail.com,
frankgarnerhd7@gmail.com,
Rep.Carl.Glimm@mt.gov,
edgreef@hotmail.com, rep.bruce.grubbs@mt.gov,
Rep.Steve.Gunderson@mt.gov,
Rep.Jim.Hamilton@mt.gov,
Rep.Bradley.Hamlett@mt.gov,
Rep.Bill.Harris@mt.gov,
Rep.Denise.Hayman@mt.gov,
Rep.Adam.Hertz@mt.gov,
greghertz11@gmail.com,
elliehillhd94@gmail.com,
Rep.Ken.Holmlund@mt.gov,
Mikeformontana@gmail.com,
Rep.Tom.Jacobson@mt.gov,
donjonesmt2@gmail.com,
Rep.Jessica.Karjala@mt.gov,
Rep.Kathy.Kelker@mt.gov,
Rep.George.Kipp@mt.gov,
Rep.Jon.Knokey@mt.gov,
austinforhouse@yahoo.com,
Rep.Casey.Knudsen@mt.gov,
Rep.Steve.Lavin@mt.gov,
Rep.Dennis.Lenz@mt.gov,
Denleylogehd14@gmail.com,
Rep.Ryan.Lynch@mt.gov,
Rep.Forrest.Mandeville@mt.gov,
Rep.Theresa.Manzella@mt.gov,
kelly@bigskytech.net,
Rep.Nate.McConnell@mt.gov,
Rep.Wendy.McKamey@mt.gov,
Rep.Shane.Morigeau@mt.gov,
Rep.Dale.Mortensen@mt.gov,
marknolandhd10@gmail.com,
Rep.james.ohara@mt.gov,
Rep.Andrea.Olsen@mt.gov,
Rep.Jimmy.Patelis@mt.gov,
Rep.Rae.Peppers@mt.gov,
Rep.Zac.Perry@mt.gov,
Rep.Gordon.Pierson@mt.gov,
jeanbigskybigwin@gmail.com,
Rep.Alan.Redfield@mt.gov,
Rep.Matt.Regier@mt.gov,
Rep.Vince.Ricci@mt.gov,
Atomicrosie@gmail.com,
Rep.Marilyn.Ryan@mt.gov,
Rep.Walt.Sales@mt.gov,
Rep.Casey.Schreiner@mt.gov,
Rep.Ray.Shaw@mt.gov, Rep.Lola.Sheldon-Galloway@mt.gov,
Rep.Derek.Skees@mt.gov,
repbsmith@gmail.com, scottstaffanson@gmail.com,
Rep.Sharon.Peregoy@mt.gov,
Rep.Kathy.Swanson@mt.gov,
Rep.Jeremy.Trebas@mt.gov,
Rep.Brad.Tschida@mt.gov,
Rep.Barry.Usher@mt.gov,
Rep.Sue.Vinton@mt.gov,
Rep.Kirk.Wagoner@mt.gov,
Webb4house@gmail.com,
Rep.Susan.Webber@mt.gov,
Twelch1213@gmail.com,
winwithwhite@gmail.com,
tomwoods4mt@gmail.com,
Rep.Daniel.Zolnikov@mt.gov,
