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County staff detail multiple state bills to watch; letters of opposition sent on property-tax measures

2270300 · February 4, 2025
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Summary

County legislative staff told commissioners they had sent opposition messages on SB205 and SP204, two bills that would change voter-approval rules for levies and require periodic reauthorization of voter-approved levies.

County legislative staff briefed the Board on several bills and policy proposals before the Montana Legislature and reported that the county has already sent letters of opposition on two measures affecting voter-approved levies.

Staff said SB205 (sponsored by Sen. Hertz) would change the voter-approval threshold for property tax levies and bonds by imposing a turnout-based rule: elections with fewer than 50% of eligible electors voting would require a 60% supermajority in favor to pass, while elections meeting at least a 50% turnout would continue to use a simple majority standard. Staff said the practical effect would be that most nonpresidential-year elections would likely fall under the 60% requirement. The transcript records that the county’s legislative team has transmitted an opposition message on SB205.

Staff also discussed SP204 (described in the meeting as a companion measure) that would require existing voter-approved levies to be reauthorized every 10 years. The county’s briefing said that would create recurring reauthorization campaigns for long-standing levies — including library, mental health and aging services levies in Missoula County — and complicate revenue planning and bonding for urban renewal/TIF projects. Staff said the county has sent letters of opposition on both measures and that lobbyist Jen Hensley would testify before committees.

On SB209, staff said the bill would limit conservation easements to 40 years, which the staff briefing and public testimony opponents argued would reduce the county’s ability to use long-term easements to preserve open space and to help family ranches remain viable. Staff said the county plans to send a message of opposition and expects conservation groups and landowners to be leading opponents at committee hearings.

Staff outlined a proposed chancery (chancery/chancellery) court bill under consideration in the judiciary committee that would create a new court to handle three categories of cases, including land-use and certain constitutional claims. The proposal described in the briefing would establish three chancery courts across the state (Helena, Billings and Missoula), with judges appointed by the governor to six-year terms; staff said the fiscal note showed an estimated first-year cost of about $2 million and subsequent annual costs around $1.6 million. Staff characterized the proposal as legally and logistically complex and said the county is monitoring the bill.

Finally, staff described a bill under consideration that would require a state-issued ID card specifically to purchase medical and recreational marijuana. As described in the briefing, the current bill text would require a purchaser — including out-of-state visitors — to obtain a Montana-issued card and pay a state fee before purchasing cannabis. Staff said the county was watching the proposal because the requirement could be shifted to local governments in future amendments; as written, it would be administered at the state level.

Staff framed the two levy-related bills (SB205 and SP204) as the county’s highest-priority concerns in the current session and said lobbyist Jen Hensley would represent the county in committee. The transcript records no formal county vote on any of these bills at the meeting; staff reported prior letters of opposition and said they will continue monitoring and, where appropriate, testify or submit comments.