Thursday, April 30, 2009

Llamas and the Law: Here are some products of the session that may have flown under the radar


By WILL MELTON and JENNIFER KIRBY
Community News Service
UM School of Journalism

In all, 1,316 bills were introduced in the 2009 Legislature, but not all of them made big headlines. Here are a few odds and ends, now signed into law, that you may have missed:

HB 90 adds llamas to the list of animals that are eligible for coverage for losses by wolves. Previously, the list included cattle, swine, horses, mules, sheep, goats and livestock guard animals. Any llamas killed by wolves will net the owner the fair market value.

HB 288 bans reproductive cloning in Montana, making any attempt to clone a person a felony offense. Any fines collected as a result will go into the state general fund.

HB 308 allows a sentencing court to make an offender donate food to a food bank to fulfill all or part of a sentence.

HB 372 allows an exemption for jury duty for nursing mothers or various primary caregivers who couldn’t find suitable substitute care. Previously, jury exemptions were allowed only if they caused undue hardship to the potential juror him or herself.

HB 534 requires an audio, visual, or audiovisual recording of any felony-level interrogations. The bill will hopefully prevent disputes about the treatment of a suspect, keep suspects from changing their stories and enhance public confidence in the criminal process.

HB 37 changes the wording in Montana Code Annotated to achieve gender neutrality by acknowledging that a governor is not necessarily a he, and replacing all other strictly male references with gender neutral alternatives. “Shall” changed to “must,” along with a variety of other adjustments, to make the language of the codes more comprehensive.

HB 203 requires the Department of Fish, Wildlife and Parks to notify the public before transplanting wolves, bears, or mountain lions to either public or private property by posting the information on the FWP Web site. The bill also requires FWP to notify the landowner before releasing any of these animals on private property.

HB 546 protects an individual’s right to free political speech via the campaign sign. The bill says property owners’ associations may not forbid the placement of candidates yard signs, though they may still regulate size and placement.

HB 362 limits the liability for health care professional providing care during a disaster, be it natural or human caused.

SB 447 requires law enforcement agencies to preserve DNA obtained in connection with a felony for which a conviction is obtained for a minimum of three years.

SB 424 makes it illegal to sell or install a mercury-added thermostat in Montana after January 1, 2010. Manufacturers must also establish a program to collect and recycle mercury-added thermostats.

SB 388 establishes a training program for incumbent workers, called a “BEAR program” (business expansion and retention program) to train current employees of businesses employing 20 or fewer workers but no more than 50 statewide. The program also includes grants for employers to assist in the training of employees at state universities, community colleges or apprenticeship programs.

SB 325 clarifies the Medical Marijuana Act, specifically prohibiting a person who is a designated caregiver of an authorized medical marijuana user from using marijuana or using drug paraphernalia other than in limited circumstances. The law also specifies that patients may not operate a motor vehicle, aircraft or motorboat under the influence of marijuana or use marijuana on a school bus or other public transportation, on school grounds, in correctional facilities or at any public park, beach, recreation center or youth center.

SB 68 makes it illegal to place all or part of a dead animal in “a lake, river, creek, pond, reservoir, road, street, alley, lot or field” and to place part or all of a dead animal within one mile of a residence unless the dead animal is burned or buried at least two feet underground or put in a licensed animal composting facility.

And the list keeps growing ...

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