Oppose HB 231

HOUSE BILL 231

The Montana Sportsmen Alliance opposes HB 231. In its current form it proposes the sweeping, complete elimination of property posting standards, the “Orange Paint Law,” of the Criminal Trespass statute (45-6-201-(2) MCA.) It abolishes the fundamental and well-accepted means of identifying private property boundaries that provides a broadly understood method of recognition and compliance. It unravels over 30 years of success with a fair and reasonable means of sharing the responsibilities for respecting and defining private property, thus taking a giant step backward in landowner-sportsman relations in Montana. HB 231’s arbitrary 11^th hour amendment was made to a bill whose original stated intent and purpose had absolutely nothing to do with posting, recreation or land issues. Added in Executive Session, there was no opportunity whatsoever for discussion beyond the immediate committee. As such, there was no testimony from the wide range of people and agencies that have legitimate stake in the bill and will be significantly impacted in numerous ways by its passage.

1. The Way We Do Business. The “Orange Paint Law” is commonly and broadly understood, accepted and generally complied with by the overwhelming majority of landowners, recreationists and the general public. If it’s not broke, don’t fix it.
2. Fair. The current “Orange Paint Law” equitably shares the responsibility of defining and respecting private property rights with landowners.
3. Changes Intent. HB 231 in its current version had absolutely nothing to do with the bill’s stated intent as described in its original title. The introduced bill addressed only issues of residential trespass. This amendment radically and questionably changes the bill’s intent, purpose and title.
4. Public Interest. HB231 was amended during Executive Action. There was absolutely no public testimony offered to the Judiciary Committee to help guide their decision on the amendment.
5. Impact beyond recreation. HB 231 would affect not only recreationists but the public at large. The Criminal Trespass law applies to anyone, engaged in any activity, not just recreation, who “...enters and remains unlawfully…”, on private property. A person simply taking a short cut across unposted private land could be charged with criminal trespass.
6. Cost. As of 1/28/17, no fiscal note was attached to this bill. That is totally erroneous. If passed, HB 231 would place a huge burden on local law enforcement, Fish, Wildlife & Parks, DNRC as well as other local, state, and federal agencies and the general public. Although the Orange Paint Law was originally designed to address recreation issues, it applies to all forms of trespass. By virtue of the resulting ambiguity and radical change in law that HB 231 would propose:

• County law enforcement agencies would be faced with responding to increased alleged trespass complaints.
• Montana FWP would see increased complaints that would have to be responded to by game wardens.
• State and federal agencies would be faced with a total revamp of any and all publications that explain state regulations on trespass.
• The costs for this change would be shouldered by the counties and to an even larger extent, Montana Fish, Wildlife & Parks. This would divert precious resource dollars to “undoing” 32 years of a successful effort. Ultimately, the sportsmen and women of bear the burden.

7. Ignores other laws. HB 231 completely overlooks the fact that there are other laws currently in place that synchronizes with the Orange Paint Law such as the requirement that any and all hunting and trapping on private land (from gophers and predators to big game and birds) requires landowner permission. HB 231’s impact extends far beyond the surface.