SB 472: Revise penalties for violations under 310 permit process - Montana

SB0472_X(2).pdf → SB0472_X(3).pdf · 4 edits

MODERATE

This bill amends Montana's forest practices law to create an exception for allowable forest practices in stream management zones and modifies civil penalty procedures. The changes clarify that certain forest activities are exempt from penalties when conducted in designated stream areas and establish a streamlined process for collecting restoration costs under $15,000.

Scope change

The bill expands protections for forest practitioners by exempting allowable practices in stream management zones from civil penalties, while maintaining enforcement authority for restoration costs exceeding the threshold.

ELIGIBILITY

Creates an exception allowing forest practices in stream management zones when those practices are permitted under Title 77, Chapter 5, Part 3 of the Montana Code Annotated.

ENFORCEMENT

Establishes a streamlined civil collection process for restoration liabilities up to $15,000 through conservation district or county attorney actions, with larger amounts requiring district court proceedings.

TIMELINE

Changes the effective date provision from general passage and approval to an immediate effective date upon enactment.

DEFINITION

Amends Section 3-10-601 to incorporate the new exception for allowable forest practices in stream management zones.

SB0472_4(2).pdf → SB0472_X.pdf · 4 edits

MODERATE

This bill amends Montana's Natural Streambed and Land Preservation Act to remove the maximum cap on civil penalties for violations, increase the daily penalty from $500 to $5,000, and clarify that penalties can be unlimited for third or subsequent violations. The bill also maintains an exemption for persons engaging in allowable forest practices in stream management zones and provides an immediate effective date.

Scope change

The bill expands enforcement authority by removing the $250,000 cap on cumulative penalties for repeat violations and significantly increases the per-day penalty amount.

ENFORCEMENT

Removed the $250,000 maximum cap on cumulative civil penalties for third or subsequent violations of the Natural Streambed and Land Preservation Act.

Increased the daily civil penalty for violations from $500 to $5,000.

TIMELINE

Changed the effective date from passage and approval to an immediate effective date.

TECHNICAL

Updated formatting and capitalization throughout the bill text to conform to enrolled bill standards.

SB0472_3(8).pdf → SB0472_4.pdf · 5 edits

MODERATE

This bill amends Montana's Streambed and Land Preservation Act to increase the maximum civil penalty for violations from $500 to $5,000 per day and removes the $100,000 cap for first violations, raising it to $250,000 for second violations. The changes strengthen enforcement capabilities for stream management zone violations while maintaining exemptions for allowable forest practices.

Scope change

The bill expands enforcement penalties for violations of stream management zone regulations, particularly affecting activities that require written consent from supervisors or violate emergency procedures.

ENFORCEMENT

Increased maximum civil penalty from $500 to $5,000 per day for continuing violations

Raised first violation penalty cap from $500 to $100,000

Added second violation penalty cap of $250,000

Removed maximum penalty limit for third and subsequent violations

TECHNICAL

Updated bill title and section numbering from SB0472.3 to SB0472.4

SB0472.003.002_combo_final-not condensed.pdf → SB0472_3(5).pdf · 4 edits

MODERATE

This bill amends Montana's Streambed and Land Preservation Act to increase civil penalties for violations from $500 to $5,000 per day and clarifies that fines cannot be imposed on people engaged in allowable forest practices. It also updates the bill's title to reflect these substantive changes and maintains the immediate effective date.

Scope change

The bill's scope remains focused on streambed and land preservation enforcement, but the severity of penalties for violations has increased significantly, and an exemption was added for allowable forest practices.

ENFORCEMENT

Civil penalty for violations increased from $500 to $5,000 per day, substantially raising the financial consequences for non-compliance.

ELIGIBILITY

Added an exemption stating that fines or civil penalties cannot be imposed on persons engaging in allowable forest practices under Title 77, Chapter 5, Part 3.

REQUIREMENT

Updated the bill title to accurately reflect the increased penalty cap and the new forest practices exception.

TECHNICAL

Minor formatting and numbering adjustments were made to align the bill text with standard legislative formatting conventions.

SB0472_3(4).pdf → SB0472.003.002_combo_final-not condensed.pdf · 4 edits

MODERATE

This bill amends Montana's Streambed and Land Preservation Act to increase the maximum civil penalty for violations from $500 to $5,000 per day and establishes tiered penalty caps (up to $100,000 for first violations, $250,000 for second violations, with no cap for subsequent violations). The changes also clarify that fines or penalties cannot be imposed on persons engaging in allowable forest practices under Title 77, Chapter 5, Part 3, and update the effective date provision.

Scope change

The bill expands enforcement authority by significantly increasing penalty amounts and removing the previous jurisdictional cap, while maintaining exemptions for allowable forest practices.

ENFORCEMENT

Increased maximum civil penalty from $500 to $5,000 per day for continuing violations of streambed and land preservation regulations.

Established tiered penalty caps: $100,000 for first violation, $250,000 for second violation, and no maximum for third or subsequent violations.

Clarified that fines or civil penalties cannot be imposed on persons engaging in allowable forest practices under Title 77, Chapter 5, Part 3.

TECHNICAL

Updated bill header information including drafter name and bill number formatting from SB0472.3 to SB0472.003.002.

SB0472_3.pdf → SB0472_3(1).pdf · 5 edits

MODERATE

The bill updates penalty amounts for stream violations, adds a new exemption for forest activities, and modifies how recovered funds are deposited. These changes increase civil penalties from $500 to $5,000 per day of violation, create a $15,000 threshold for court jurisdiction, and exempt certain timber operations from fines.

Scope change

The bill now exempts forest silviculture and timber harvest activities allowed under Title 77, Chapter 5, Part 3 from fines and civil penalties.

ENFORCEMENT

Civil penalties for continuing violations increased from $500 to $5,000 per day

Added $15,000 threshold determining whether cases go to justice court or district court

ELIGIBILITY

New exemption for forest silviculture and timber harvest activities permitted under Title 77, Chapter 5, Part 3

FISCAL

Added provision directing recovered funds to district funds depository unless justice court orders otherwise

TECHNICAL

Minor formatting adjustments to section numbering and text alignment

SB0472_2(9).pdf → SB0472_3.pdf · 5 edits

MODERATE

This bill amends Montana's Streambed and Land Preservation Act to remove the $500 cap on civil penalties for violations, increase the maximum daily civil penalty to $5,000, and add exemptions for allowable forest practices. It also revises how fines are distributed and clarifies enforcement procedures.

Scope change

The bill expands enforcement authority by removing penalty caps and adding specific exemptions for forest practices under Title 77, Chapter 5, Part 3.

ENFORCEMENT

Increased maximum civil penalty from $500 to $5,000 per day for continuing violations

ELIGIBILITY

Added exemption from penalties for persons engaging in allowable forest practices under Title 77, Chapter 5, Part 3

FISCAL

Revised distribution of recovered fines between state and county general funds

REQUIREMENT

Added new section establishing immediate effective date upon passage and approval

TECHNICAL

Corrected bill number from SB0472.2 to SB0472.3 and updated legislative session information

SB0472_2(3).pdf → SB0472_2(4).pdf · 1 edit

MINOR

The bill text shows minor formatting changes where paragraph letters and numbers were consolidated into a single line without altering the substantive legal content. The requirements for stream restoration and civil liability remain unchanged.

TECHNICAL

Formatting adjustment consolidating line breaks in subsection (a)(I) and (b)(II) without changing legal meaning or requirements.

SB0472_2(2).pdf → SB0472_2(3).pdf · 1 edit

MINOR

The bill text shows minor formatting and pagination adjustments rather than substantive policy changes. Line numbers were renumbered, page headers were slightly adjusted, and a line break was inserted after the section title. No actual legislative content, funding amounts, eligibility criteria, or enforcement mechanisms were altered.

TECHNICAL

Line numbering and page formatting were adjusted; no substantive policy content was added, removed, or modified.

SB0472_1(3).pdf → SB0472_2.pdf · 4 edits

MODERATE

The bill text shows formatting and numbering adjustments rather than substantive policy changes. The penalty amount in subsection (b) was updated from $500 to $5,000, and subsection (3) was restructured with new lettering (A, B) and added content regarding forest silviculture exemptions. The document header and page numbering were also modified.

Scope change

The bill's scope remains focused on penalties for violating stream protection laws, with a significant increase in civil penalty amounts and a new exemption for certain forest activities.

ENFORCEMENT

Civil penalty amount increased from $500 to $5,000 per day for continuing violations of stream protection laws.

New exemption added stating that fines or civil penalties cannot be imposed on persons engaging in forest silviculture or timber harvest activities allowed under Title 77, Chapter 5, Part 3.

TECHNICAL

Subsection (3) was restructured with new lettering (A, B) and added specific restoration liability language.

Document headers, page numbers, and bill numbering were updated from SB 472.1 to SB0472.2 with revised formatting.

LC1992.pdf → SB0472_1.pdf · 3 edits

MINOR

The bill was renumbered from LC 1992 to SB 472.1, indicating it moved from a committee or local code reference to the Senate bill sequence. The primary sponsor was identified as D. Loge, and the document was marked as an Authorized Print Version. These are primarily technical and formatting changes rather than substantive policy modifications.

TECHNICAL

Bill number changed from LC 1992 to SB 472.1, reflecting its official Senate bill status.

Primary sponsor identified as D. Loge in the bill header.

Document header updated to indicate Authorized Print Version for SB 472.

Revise penalties for violations under 310 permit process

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