Cameron Evans

The Montana Wildlife Federation and Wild Montana filed suit today to compel Governor Greg Gianforte and Secretary of State Christi Jacobsen to comply with their obligations under the Montana Constitution and allow the Montana Legislature the opportunity to override the Governor’s veto of Senate Bill 442 (“SB 442”).

On May 1, 2023, the Legislature passed SB 442—an overwhelmingly bipartisan, politically popular measure that directs recreational marijuana tax revenue to conservation and recreation programs, local infrastructure projects, and veterans’ services. Of 150 legislators, 130 voted to pass SB 442. The next day, the Governor vetoed the bill, but the Senate adjourned before the veto was communicated to the full Senate.

When the Governor vetoes a bill passed by a supermajority of legislators after the Legislature has adjourned, the Constitution requires that the Secretary poll the Legislature by mail. Normally, the Governor returns the bill with his reasons for veto to the Secretary, triggering the post-adjournment override process. When the Governor failed to take that step, Wild Montana—a nonprofit grassroots conservation organization that unites and mobilizes communities to keep Montana wild—and the Montana Wildlife Federation—Montana’s oldest, largest, and most effective wildlife conservation organization—called on the Governor to uphold the Montana Constitution and return the bill to the Secretary. The Governor refused, leading to today’s filing.

“Montanans are disappointed in Governor Gianforte’s veto of SB 442, a wildly popular bipartisan bill that made historic investments in conservation, public access, and rural infrastructure,” said Noah Marion, state policy director for Wild Montana. “But even more importantly, it’s the Governor’s duty to play by the rules. The Governor can’t obstruct the legislature’s authority with procedural trickery.”

“Contrary to the wishes of 130 legislators and countless Montanans, the Governor’s veto takes tens of millions of dollars away from wildlife, roads, rural communities, and veterans,” said Frank Szollosi, Executive Director for Montana Wildlife Federation. “Our Constitution provides that the Legislature gets a chance to override a veto. The executive branch cannot stand in the way.”

“The Montana Constitution empowers the Legislature to override a veto by a two-thirds vote in all circumstances—there are no loopholes,” said Constance Van Kley, Litigation Director of Upper Seven Law, who represents Wild Montana and the Montana Wildlife Federation. “The Governor cannot usurp the Legislature’s role with a creatively timed veto.”

The Montana Wildlife Federation and Wild Montana are working tirelessly to defend the integrity of the legislative process and protect Montana’s natural resources. You can play a crucial role in supporting their legal action by becoming a member of Montana Wildlife Federation and making a donation today.

By pursuing legal action, the Montana Wildlife Federation and Wild Montana strive to protect the integrity of the legislative process and ensure that Montanans’ voices are heard. To stay informed about this ongoing case and support the efforts of these organizations, subscribe to emails from the Montana Wildlife Federation. Together, we can uphold the principles of democracy and champion the preservation of Montana’s precious natural resources.

About Upper Seven Law: Upper Seven Law is a Montana-based nonprofit law firm dedicated to holding the powerful accountable. Based on the belief that creativity and innovation in law are essential to advancing social justice and public interest objectives, Upper Seven takes smart risks and invests the time necessary to build foundations for long-term accountability work.

Montana hunters, outfitters, and policymakers are celebrating a package of five bipartisan elk management and hunting-themed bills that have advanced through the Montana legislature’s general transmittal deadline.

The package of legislation was rolled out by the Montana Citizens Elk Management Coalition and Montana Outfitters and Guides Association during the “Elk Camp at the Capitol’ event in early January. The package has been described as the first legislative agreement to bring the outfitting and hunting communities together since the 2007 legislature.

Representatives from the Montana Citizens Elk Management Coalition and Montana Outfitters and Guides Association say their package will collectively improve wildlife management, reduce non-resident hunter pressure, improve incentives for landowners to enroll in state-sponsored access programs to help resolve problematic concentrations of wildlife, and create more trust between landowners, outfitters, and hunters.

The bills that advanced through the general transmittal deadline are sponsored by a group of bipartisan lawmakers and have the support of the Governor’s office.

During a press conference last week, Governor Gianforte recognized the collaborative efforts of the groups involved, stating, “Diverse groups are coming together like never before around this common mission. I want to particularly note the work that the Montana Outfitters and Guides is doing in conjunction with the Montana Citizens Elk Management Coalition. Together, they put forward a package of bills for sportsmen, outfitters and landowners…I say this often, but we have far more in common as Montanans than divides us. Common ground is always there if we are willing to look for it and work to achieve it.”

“These bills represent small but important steps forward to rebuild trust between hunters, outfitters, and landowners, and just as importantly, to broaden the management toolbox for elk and other species of wildlife,” said Kathy Hadley of the Montana Citizens Elk Management Coalition. “Not every organization gets everything they want with this kind of work, but that’s the nature of collaboration, and we think it sets us up to find more common ground in the future.”

“We really want to thank the Governor’s office and the legislators who encouraged us early on to identify areas of consensus they could realistically advance to improve the future of elk management,” said Mac Minard, Executive Director, Montana Outfitters and Guides Association. “These policy agreements are now advancing through the legislature with minimal conflict thanks to the work our respective organizations put in and thanks to lawmakers in both parties who are championing the results. This is a tremendous example of what can happen when diverse interests agree to sit down and find areas of common ground.”

A summary of individual bills is found below:
Improve enrollment in Block Management. SB 58, sponsored by Sen. Steve Hinebauch (R-Wibaux), will increase the annual Block Management payment cap for enrollees to $50,000. Prior to the legislative session there was broad agreement for this concept, which was ultimately endorsed by the Private Land/Public Wildlife council.

Limit non-resident deer licenses to reduce hunter pressure. SB 281, sponsored by Sen. Pat Flowers (D-Belgrade), would reduce the sale of nonresident deer B tags to alleviate crowding on accessible lands. The bill would instruct FWP to sell no more than two B8 antlerless deer licenses to non-residents who draw a big game combination license or nonresident deer combination license, and only allow one antlerless license to be held by other NR hunters.

Improve access to GIS data for hunters. HB2, the state’s primary budget bill, sponsored by Rep. Llew Jones (R-Conrad) sets aside funding for a new FWP employee to improve the acquisition and distribution of public access data for use by the state and GPS-based mapping companies. The position will ensure all landowner access agreements, the status of open/closed roads, navigable streams, and other pertinent access information is updated and available as cadastral information. The position will improve the FWP Hunt Planner tool and collaborate with GPS companies.

Improve hunter education. HB 243, sponsored by Rep. Marylin Marler (D-Missoula), would make an in-person field day with firearm safety training a requirement of FWP’s online hunter safety and education course. This legislation was amended in committee to provide FWP additional time to comply with this requirement.

Establish non-resident preference pool: HB 635, sponsored by Josh Kassmier (R-Fort Benton), would establish a non-resident landowner preference pool to encourage landowners to hunt their own deeded lands, incentivize them to enroll in state sponsored public access programs, and reduce hunting pressure on other publicly accessible lands. The bill would set aside up to 15% of B-10 combo licenses for non-resident landowners and family members to hunt deeded lands if they own 2,500 acres or more. The bill incentivizes public access in limited-entry districts where landowners must still apply for and receive a permit. Interested landowners will be able to purchase an additional bonus point for permit applications if they are enrolled in a state-sponsored access program.

Reform 454 access program: HB 596, sponsored by Denley Loge (R-St. Regis), would modify the 454 program to make it a more effective and equitable tool for managing problematic concentrations of elk on private lands. The bill would create a new prescription for a “like” opportunity between the first tag holder and the first hunter selected for the 454 agreements. This bill would also give the commission more authority to negotiate and prioritize applications that offer additional public elk hunting, above the minimum 3:1 ratio.

Contact MWF Communications Coordinator Cameron Evans

M: (630) 917-3893 | E: cameron@mtwf.org