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House Agriculture committee approves bill to create Montana Cattle Committee after amendments and technical fixes

House Agriculture Committee · January 21, 2025
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Summary

The House Agriculture Committee passed House Bill 119, establishing a Montana Cattle Committee, setting up a cattle assessment and seller referendum, and creating a special revenue account; the panel adopted two amendments, sequestered a conflicting line, and approved the bill 10–7 amid concerns over governance and refund procedures.

The House Agriculture Committee voted 10–7 to pass House Bill 119, a measure to establish the Montana Cattle Committee and authorize a cattle assessment and seller referendum, after adopting two amendments and resolving a conflict in committee text.

Miss Shirley, committee staff, told members the bill "is an act entitled Establishing the Montana Cattle Committee, Establishing Committee Membership Requirements and Duties, Providing for a Cattle Assessment and a Referendum for Cattle Sellers on that assessment, and creating a special cattle special revenue account." The committee considered three proposed amendments before final passage.

The committee adopted an initial clean-up amendment that, among other edits, changed the term "affidavit" to "written declaration," removing a requirement for notarization, and broadened ballot-language options. A second, larger amendment (which would have expanded board membership and altered representation) failed on a roll-call vote, 7–10. A third amendment passed 10–7; committee staff later identified a conflict between the first and third amendments in section 11. The committee sequestered (removed) the conflicting line from amendment .001 and approved the sequestered text, leaving two compatible amendments in place.

Vice Chair Carter, who sponsored the second amendment, told the committee the proposal "changes the size of the board from 7 members to 11 members" and would have members "picked from different councils across the state and then the governor will appoint an at large member." Carter said the amendment also would have limited the department to using only funds "that were raised by the committee" to hold the referendum, excluding previously raised funds. Carter summarized opposition concerns as "transparency concerns and representation concerns." Carter said he would vote no on the final bill, citing stakeholder exclusion.

Supporters said the amendments improved representation and producer control. Representative Teal said the bill "puts the power into the hands of the cattle producers and if at any point they're unhappy with it, they can get a refund." Representative Griffith described the first amendment as "kind of a clean up bill" and supported the final measure.

Opponents raised governance and consumer‑protection concerns. Representative Darling warned the bill creates "a quasi governmental board" and noted the measure would exempt the committee from certain procurement and state human‑resources rules; Darling also said "the process for getting a refund is 45 days" and called that timeframe "onerous." Vice Chair Minor and others highlighted that tribes are exempt from per‑capita fees and that Montana meat processors typically do not pay a per‑capita fee because they do not retain cattle.

Key technical provisions adopted in committee include increasing certain nomination sources and clarifying that, at present, no assessment funds would be in the special account because no assessment is being collected yet. The third amendment clarifies ballot‑mailing procedures: the department would mail ballots to cattle sellers who paid the per‑capita fee in the most recent collection year and allow other sellers to request a ballot. The bill also establishes refund rules, including an annual refund window and a 10% threshold for certain refund processes discussed in committee.

After resolving the amendment conflict and approving the sequester, Representative Minor moved to pass the bill as twice amended; the committee approved the motion 10–7. The committee chair reported that "House Bill 119 has twice amended ... passed House Agriculture." Chair Mitchell then closed the session and announced an evening committee event before adjourning.

The bill will be reported as passed out of the House Agriculture Committee.