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Missoula County staff to oppose citizen grand jury and state election oversight bills; air-quality bill amended

2491157 · February 18, 2025
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Summary

County staff told commissioners they plan to oppose House Bill 460 (citizen grand juries) and Senate Bill 298 (state supervision of election administrators) and said an amendment to House Bill 291 on air-quality standards may address local concerns.

County staff told the Missoula County Board of County Commissioners they intend to oppose two bills pending at the Montana Legislature and reported a possible change to a third that could address local air-quality concerns.

A county staff member said the county plans to oppose House Bill 460, a constitutional amendment that would allow petition-driven "citizen grand juries" with broad investigatory authority and that — as described to commissioners — would obligate county attorneys to review and prosecute the grand jury’s findings. The staff member said the absence of legal sideboards and an obligation on county attorneys to pursue prosecutions were the primary concerns. "It does not have any sideboards on it on what can be investigated," the staff member said.

The county also intends to oppose Senate Bill 298, which would transfer supervisory responsibility for elections administrators to the secretary of state. Staff told commissioners the change would remove local supervisory authority over elections administrators and could create a supervisory relationship to statewide officials rather than county officials who are present where elections are run.

On House Bill 291, which addresses air-quality standards, staff reported the bill has been amended to include a provision stating the section "does not apply to requirements necessary in areas classified as nonattainment, maintenance or to prevent nonattainment as approved by the department to comply with national ambient air quality standards." Staff said that amendment may preserve local authority to set standards designed to prevent an area from falling into federal nonattainment status; the county has used a stricter local standard to keep Seeley Lake and Frenchtown out of federal nonattainment designation, staff said. Commissioners were told staff will continue to monitor the bill and follow up with the health department and Montana Association of Counties as needed.

Staff reminded commissioners they will have opportunities at the upcoming Montana Association of Counties meeting to testify or offer remarks on bills of interest.