County waits for PL280 verdict
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HELENA — On Tuesday May 2, the 68th Montana Legislature came to end with words “sine die” uttered in both senate and finally, late Tuesday, in the house. In Lake County many eyes were watching the house, in particular HB 479, the only bill left dealing with the funding of Public Law 280 or PL280. It’s the agreement that gives jurisdiction of felony matters committed by any member of a federally recognized tribal member on the Flathead Indian Reservation to Lake County. The agreement dates back to 1963 and is the only agreement of its kind in Montana. Lake County Commissioners contend it costs the taxpayers of Lake County upwards of $5 million annually and diverts funds and resources away from areas of the county’s budget. They want the state to pitch in. HB479, as amended, would create a task force to identify long term solutions to funding PL280 and monitor trends and prepare its findings on or before July 1, 2024. It would also appropriate $2.5 million to Lake County for fiscal years 2023 and 2024. The measure passed both chambers and is headed to the Governor.
Another path the Lake County Board of Commissioners is taking is through a lawsuit filed against the state that seeks to establish funding retroactively and permanently. The county hired the law firm of Reep, Bell and Jasper of Missoula to represent it in seeking the funding. Oral arguments on the state’s motion to dismiss the lawsuit were before Flathead County Judge Amy Eddy at the Lake County Courthouse on Wednesday, May 3. After hearing testimony from both parties, Judge Eddy said she will take the arguments under advisement and hopes to rule soon, but likely longer than 10 days.
If the funding doesn’t materialize, either through a legislative fix or from the judge’s ruling, the county intends to withdraw from PL280 on May 26.
