By Karli Johnson and Nicole Rolf, Montana Farm Bureau Federation 

 The seventh week of the Montana legislative session was overflowing with water bills, along with a bill to ban mRNA vaccines for animals and provide a framework for local options sales tax. On the federal level, Farm Bureau members Greg Gabel, Gary Heibertshausen, and Jess Bandel, along with MFBF’s Nicole Rolf, visited D.C. for AFBF Issue Advisory Committee meetings this week. The AFBF Issue Advisory Committees are made up of members from across the nation who have expertise in agricultural issues and work to craft policy suggestions for solutions to these issues. While in Washington, our members had the privilege to visit with our Montana Congressional delegation on important agriculture issues like the farm bill, trade, and renewing important tax provisions. 

 The hot bill of the week was HB 418: Ban mRNA vaccines in animals sponsored by Rep. Greg Kmetz (R) HD 36 heard in House Agriculture. MFBF, along with many other agriculture organizations, testified in opposition to the bill based on ensuring that herd health decisions are kept between ranchers and their veterinarians. Currently, there are no mRNA vaccines used in cattle or sheep. There are multiple gene-based vaccines that help fight disease like Rabies, Swine Influenza, West Nile virus, Parvovirus, etc. in dogs, cats, horses and swine. While the COVID pandemic has brought a much closer look at gene-based vaccines, these vaccines have been around for decades. If we take away this potential tool from a producer’s toolbox, which is currently an important part of our hog producers’ animal care process, we could see a large economic impact not only in our state but also our nation. MFBF was happy to have Lewis and Clark County Farm Bureau member Mark Diehl available to testify and share his view in the advancement of these technologies. In his testimony he highlighted that, “We can’t stop advancing,” pointing to the importance of following science and leaving options on the table for ranchers. 

 During the hearing on HB 418, veterinarians debunked common misunderstandings that revolve around the use of mRNA vaccines. It was explained that once an mRNA vaccine is given, the mRNA has a short half-life where it tells the existing cells how to make proteins to create an immune response in the body and is then degraded in a matter of hours by cell enzymes. These vaccines do NOT alter the DNA of the animal leaving no lasting effect of the vaccine within the animal, meat or dairy products.  MFBF emphasized that there is federal oversight and due process to ensure that vaccines that are available to producers are safe for livestock and consumers.

 In House Local Government, a controversial bill on taxes HB 489: Revise sales tax laws to provide for local option tax sponsored by Rep. Greg Oblander (R) HD 38 was brought before the committee. Although the bill sponsor had property tax relief aspects in mind, MFBF took an opposing stance due to the potential implications that the bill could have on ag producers and local small-town businesses. One of the more complex bills of the session, HB 489 allows counties to decide whether to impose a local sales tax or not; a type of sales tax option known as the Alaska model. The Alaska model is a local sales tax option that the counties in Alaska have been implementing. MFBF addressed our concerns for our agriculture producers who could potentially pay sales tax on the equipment and necessities that they need to run their operations and receive only limited property tax relief. Other opponents stated their concerns on the burden that this kind of taxing could cause counties who opt to have a sales tax while surrounding counties do not. There was also concern about the actual amount that property owners would be getting back on their taxes with money going towards a price inflation on the “beer, bourbon and cheeseburgers that they consume.” Overall, the 17-page bill is a conversation starter for the broader sales tax to lower property tax discussions.

 Two bills were heard in House Natural Resources this week that came out of the Comprehensive Water Review Working Group interim discussion, a working group that MFBF’s Nicole Rolf spent many hours with.  HB 432: Revise water laws concerning expectations to change in appropriation right process sponsored by Rep. Julie Darling (R) HD 84 was the first Comprehensive Water Review bill that had its hearing. HB 432 will help streamline the water rights change process while still maintaining the existing rights of current water rights users. MFBF supported this bill and appreciated the ability for ranchers to add stock tanks to an existing water right without having to go through the full change process. The second bill that this committee heard was HB 441: Align provisional water rights with final decrees sponsored by Rep. Russ Miner (R) HD 26.  There are approximately 12,000 provisional permits and 4900 change applications that will need to be reconciled with pre-1973 water rights upon the completion of adjudication. MFBF testified in support of HB 441 as it helps spell out how provisional permits and changes will be reconciled when it comes to pre-1973 water rights.

 SB 186: Provide for expedited processing in district courts of water cases arising under final decrees and the cessation of the water court sponsored by Sen. Barry Usher (R) SD 19 was heard by the committee on Thursday. The sponsor shared that the intent of SB 186 is after adjudication of existing water rights, the divisional water court would be phased out placing water rights disputes in the district courts. MFBF opposed this bill with the intent of continuing to allow water users the option to choose an expert court when it comes to their water issues. Opponents also expressed that district courts are not well situated to handle water cases quickly and efficiently, since civil and criminal matters take precedence. Stating that district courts are simply slammed with so much work they cannot prioritize water issues, and water users are then left unsure of their rights for undetermined amounts of time, which can be an extreme loss to our ag producers during irrigation season. Karl Christians, District 9 Director and Lewis and Clark County member, was able to testify during the hearing and shared his personal experiences fighting water rights in district courts with a judge, that in his opinion, lacked expertise and shared how times have changed making it difficult for many district judges to fully understand water. Allowing water users to have options is extremely important when looking at the future of water rights cases. MFBF also shared that another bill from the Comprehensive Water Review will soon make an appearance and will allow both avenues, district court and divisional water court, allowing water users to choose which court is best suited for their cases.

 

Nicole Rolf is the Senior Director of Governmental Affairs and a rancher from Miles City, Montana.  Nicole works closely with our Congressional delegation on national issues affecting Montana agriculture. Additionally, this is her ninth Montana Legislative Session, lobbying in Helena on behalf of MFBF members. Nicole can be contacted at nicoler@mfbf.org.

Karli Johnson is the State Governmental Affairs Coordinator and a rancher from Chouteau, MT. This is Karli’s first session lobbying on behalf of Montana Farm Bureau although she can be known as an old hand at testifying on Grizzly Bear bills before she came onto staff. Karli will focus on water and wildlife issues throughout the legislative session while also serving as the Northwest Regional Manager. Karli can be contacted at karlij@mfbf.org.