House advances bill enabling state acceptance of jurisdiction returned by federal government for military lands
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Summary
House Bill 496 would allow Montana to accept retrocession of jurisdiction over federal lands used for military purposes in limited circumstances, enabling state juvenile courts to handle some offenses involving residents on military installations.
House Bill 496 passed second reading after Representative Ed Buttry described the bill as a mechanism to accept retrocession of jurisdiction from the federal government for specific purposes, principally juvenile matters on military installations.
Buttry explained retrocession of jurisdiction occurs when the United States returns jurisdiction it previously held over land within a state. He said the change would permit concurrent jurisdiction or transfer of specific matters — especially juvenile offenses involving children who live on military installations — from the federal system to Montana state courts. "This is for specific purposes. This doesn't mean that State of Montana is all of a sudden gonna take over nuclear weapons or helicopters," Buttry said, emphasizing the limited scope.
Buttry said the bill has support from the Department of Defense and military affairs stakeholders who participated in hearings. The clerk recorded 95 yes and 5 no votes on the committee floor; House Bill 496 passed second reading.