Monday March 13 (Week 11)
Report to Judiciary Committee at 8 am. We heard HB 517, introduced by Representative Mike Hopkins, a Republican out of Missoula. If passed, this bill would be on the ballot as a “Constitutional Amendment”. The bill would, if I understand correctly, take power away from the Board of Regents and give the legislature authority to enact laws to protect the constitutional rights of students, faculty, and staff of the University System. There were 14 opponents that testified, and Madam Chair was very kind with the time limits on testimony. We only had 2 bills on our agenda, so we heard a lot of testimony. I’m thinking, rather than me describing the details, I will give you the written testimony that was submitted to the committee and was typical of the complaints that we listened to. I will tell you that what I listened to bothered me. Absolute partisan politics has taken over our college campuses. I would have the same complaint if the partisan politics were the other way around and the MAGA Republican college professors were flunking students because they wrote a pro Biden paper. This kind of thing should outrage every thinking person that reads this. How can you possibly teach diversity and free thought in this kind of a highly partisan environment. The college professors below should be given a one-way ticket out the door.
“Madam Chair, members of the committee, I sadly couldn’t be here today, but I still wanted to share my story with you in support of HB 517.
My name is Trina Colucci and I am currently a student at Montana State University. Fall 2019, I began my freshman year. As most freshman do, I had to take Writ 101. Throughout the class we would be assigned articles to read which we would discuss in class. For our final we had to choose one of those articles to respond to. The article I chose to respond to was about the author not understanding why Former President Trump was elected in rural America. I took the approach of explaining why rural America voted for him. After lots of research and interviews with people from small towns here in Montana, I turned in my paper. When I received the grade, I got an “F”. A sticky note on the paper said, “I do not agree with your paper”. My Writ 101 professor failed my paper based on his opinion. This all happened around the time of HB 735, a campus “free speech” bill, that was being shut down by former Governor Bullock.
The next semester, I had something similar happen in my Native American Studies class, this time with a teacher’s assistant. We had to write a research paper about a topic in the book we read. Any topic from the book. I chose to research and write about drugs and alcohol on the reservations. After extensive research AND a first-hand story from a family friend who worked in law enforcement on a New Mexico reservation, I turned in my paper. I once again got the paper back with an “F”, and a sticky note saying it was “problematic”. When I met with the TA to discuss it, she could not tell me what was wrong with the paper. All she could say was that she disagreed with my “so called facts”. I failed that class because of that “F”.
Since then, I have never said or written anything other than what the professor wants to hear. In fear that I will get reprimanded, and my grades suffer from my free speech. I fear that with the power the Board of Regents have, they will fight HB 218 that passed last session and I will lose my right to free speech.
Madam Chair, Members of the committee, I strongly urge you to pass HB 517 to help keep the BOR from taking away anymore rights from college students of Montana. Thank you.
You must forgive me for this. It must be the old wrestler in me, but I really like watching the take down of some bills when they hit the house floor. And I like watching great comebacks. Representative Dave Fern, who is a member of the minority party out of Whitefish, (and by the way, I really like Dave) and serves with me on the Agriculture Committee. The other day I accused him of being ½ Republican and he didn’t deny it. Dave introduced his tax abatement bill where county and municipal governments could choose whether or not to participate. It would reduce rent in some applications, but after the bill introduction, Representative Steve Gallowaway pushed his speak button and discussion started about all the reporting necessary to make this bill effective. Representative Jane Gillette questioned the bill sponsor and Representative Sherry Essmann was the next to “speak to the bill”. After much floor debate, we voted, and I pushed my red button to vote “no”. After the smoke cleared the room, we were 49 “yes” and 49 “no” … the bill failed. It is interesting to note here that Representative Fern asked for a vote the following day for a re-hearing of the bill. He got another chance! The bill was heard again, and it passed 52 to 48! I voted “no” again, but Representative Fern will get an A+ in my book for persistence!
A great bill was introduced by Representative Larry Brewster, my seatmate to my left, on the Energy Committee. I really have grown to like Larry and respect his judgement. HB469 gives a huge tax break if energy companies re-complete wells. To me, this means refracting old wells, which is an expensive thing to do, but it produces amazing results. Representative Brewster was prepared, and could field every question with ease, to defend his bill. The vote was shocking! I thought I had this all figured out, and I just knew there would be 32 “no” votes by the minority party, but it passed 92-6! I will never figure this out, but maybe that’s ok. It keeps me on my toes!
One more story for today. I grabbed a box lunch in the Rotunda and found a chair. I can’t tell you who I sat next to, because he told me this story in confidence. He knew I carried HB 645, the Blood Bank Bill, and that I was in all the Montana newspapers and even featured in an article in Newsweek magazine that week. He told me that in 2 years, most all will applaud Dr. Christy Drivdahl for her controversial stand she took in encouraging me to carry this bill. He shared with me that his son-in-law, who was 48 years old, had his booster, and was in perfect health, but died suddenly. It was a very tough thing for them to face and work through. I remember my final statement at my bill closing that evening on HB 645 … #1 This is not going away, and #2 Lets error on the side of safety …
Tuesday March 14 (Week 11)
This morning, at 8 am, we heard a very controversial bill. Personally, it was not controversial to me because the bill would allow an amendment to be placed on the constitution that would give you the right to hunt, trap and fish. The big issue with the opponents was the word “trap”. We see the anti-trap billboards here in Helena, but this touched a nerve. Twenty-three opponents testified that it was cruel and heartless to trap animals. This is usually the same crowd that would fight adamantly for “legal” abortion, but one outspoken opponent testified that we should not pass laws that only affect 6,000 citizens. The bill sponsor, Representative Paul Fielder, had an absolute great comeback during the bill closing. He said that he was sure glad that we allow dentists to practice, even though there are about that many dentists in our state. A person just might need a dentist occasionally. I must admit that I was shocked that the Montana Stockgrowers stood in opposition to this bill. When it came time for questions, I questioned Miss Honeycutt, the lobbyist for the Stockgrowers. I asked if she had polled her members before the group took this position. She stated that it was an “executive decision”. It seems like this decision would not sit well with many of the ranchers that I know from Eastern Montana all over the state.
I was able to attend a dinner sponsored by “Americans For Prosperity”, a very active group at the capitol, who are always pushing for free market principals as the best way to solve problems and create opportunity for Americans. It was very well attended, with probably 30 Representatives and Senators. Our own Senator Bogner was there … it’s always good to see someone from Miles City. The meeting centered around HB 517 (Takes power from the BOR and gives the legislature authority to enact laws to protect constitutional rights of students, faculty, and staff of the University system) that I spoke about in yesterday’s notes. Since the bill was presented in the Judiciary Committee, I have already listened to the arguments and will be a big supporter of this. It is a different kind of bill, called a Constitutional Amendment Bill. It must have 100 combined votes from both the House and Senate to allow the bill to be placed on the November Ballot in 2024, and that is not an easy task. Of the 68 Republicans in the House, according to my math, 19 of them will vote with the minority party many times, and it most always happens when you really need them and are dealing with critical bills. So, we will just have to wait and see. I refuse to lick my finger, stick it up in the air and test the political winds before I vote. I ran an open and honest campaign and made my positions very clear. Besides that, I now have a voting record that I am not ashamed of, so I will support HB 517.
Wednesday March 15 (Week 11)
Opened the morning with a bill by Representative Casey Knudsen, to call for amending the Constitution to allow Concealed & Carry to be a Constitutional Right in Montana. To me, this is code language to rebuke our left leaning Supreme Court and the University Board of Regents, when they supported the Regents ban on concealed and carry on college campuses. All I can say is, if my daughter went off to college today, she’d be packing. Even back in my day, colleges had a bad habit of looking the other way when it came to sexual assault cases on campus … it might make the school look bad!! An easy “yes” vote for this Representative.
Next Bill was by Senator Barry Usher to rename the Highway Patrol Headquarters in Boulder after former Lieutenant Attorney General Kris Hansen. I am very new to Helena politics, but I learned that she was a great lady that died way to soon. Many important people told of her amazing life, and this will be an easy “yes”.
SB 187 got a lot of folks very excited. This bill would allow public defenders to not meet in person and just zoom in to meet with the accused and judges. The hearing went along just fine, as the proponents laid out their case. Then Madam Chair called for the opponents and holy crap, it got wild!!! A District Court Judge drove over from Great Falls and just destroyed the whole argument of the proponents in a few minutes. I had my phone and googled the history on the bill. In the Senate, it passed 42 to 6, so something did not add up here. After all the opponents were finished, I asked our Chair if I could question the judge. I simply asked him if he testified in the Senate Committee Hearing, and he said he had to work that day, and did not. Everyone quickly realized WE had a lot more information than our Senate counterparts. I predict the bill will not survive when we take executive action (vote) on the bill. (***Just an added note right here … the bill was tabled by a 10 “no” to 9 “yes” vote on 3-17-23)
The entire Judiciary Committee was invited to a lobbyist’s personal home for an unbelievable meal. Of course, we had to hear about a very controversial water bill headed for our committee, SB 72. This would move some water cases to local district court and make other changes in water laws, so there is a lot at stake with these bills. How do I know what to do?? I looked at the Senate vote, 29 “yes” 21 “no”. The lobbyist would like our committee to kill the bill, and vote “no”. I have 50 days’ experience as a legislator, and there is no way you can understand the complexities of some of the decisions you have to make. In these cases, I study who in the senate voted “no”, and here we go with some of the Senators that did that … Ken Bogner, Becky Beard, Bob Brown, Jason Ellsworth, Greg Hertz, Steve Hinebauch, Dennis Lenz, Theresa Manzella, Tom McGillvray, Barry Usher, Keith Regier (Madam Chair’s Dad). They are all conservative Republicans, so you get the idea, and I knew what to do. These are highly contested bills … Farm Bureau will want a “yes” vote, so I will have to face Nicole Rolf, of the Farm Bureau (lobbyist from Miles City) I can definitely feel the pressure, as every vote counts, and it becomes a big deal. I will report back after we vote as a committee. 6 members of the minority party and 13 Republicans make up the committee. Ten “no” votes will send SB72 to its grave, verses ten “yes” votes will send SB 72 to the House Floor where all 100 Representatives will get an opportunity to vote. We will know next week.
Thursday March 16 (Week 11)
Below are comments by Representative Ed Butcher used with his permission
FROM THE DESK—Sen. Ed Butcher (Ret)—462-5615—3-15-2023
The State of the Montana Legislature
We are slowly sorting through a large volume of Legislation as we reach mid-point in the 2023 Montana Legislative session. Sen. Bartel and Representative Butcher are working on legislation to protect American agriculture and local governments. Tens of thousands of acres of prime Montana agricultural land are being purchased and converted to private recreational estates. It has been reported that Fergus County alone has lost between 7,000 and 10,000 cows which means that as much as $10 Million of food production has been lost to the central Montana economy resulting in less business, less taxes, plus less food production for America.
It is time to re-evaluate the abuse of Montana property tax structure by billionaires purchasing ranches to “bank” their extra millions of dollars. Montana has several property tax rates, beginning with the agriculture property tax rate of 3%, which was designed to provide for production of food and fiber in a high overhead business affecting agriculture units over 160 acres (about twice the area of a large shopping mall).
People can sell their land to anyone, and the buyer can use the land as they please, including a private hunting reserve. But they need to contribute more to the community tax base which is losing a core economic base. Consequently, if the buyer chooses not to continue producing food and fiber, the tax base of the property they have purchased will be re-evaluated. If the ranch they have purchased doesn’t continue generating a minimum of 80% of the previous owner’s ten-year average agriculture income, the ranch would be reclassified as undeveloped recreational land at 7 times the agriculture tax rate which brings them into the tax rates of non-agriculture property.
Another issue debated in the Legislature is special interest groups in recent years increasingly turning to the Supreme Court to overturn properly passed legislation signed into law by the Governor. Consequently, this legislative session has seen several amendment proposals to the state constitution, which was re-written in 1972, consolidating the power of the Montana Lawyer’s Association. About 20 different proposals have been suggested, which have been reduced to 12 suggested Constitutional Amendment proposals. Republican leaderships are calling on legislators to prioritize the suggestions down to no more than a half dozen Amendments in their efforts to correct vagaries in the Constitutional language which have resulted in courts overturning properly passed laws on supposed Constitutional grounds in recent years.
Any proposals for amending the Montana State Constitution must be approved by 2/3 of the Legislature and then passed by the voters in the next election, so the people have to agree that there is a problem which needs to be corrected. This process requires careful deliberation before being implemented so changes do not occur on a whim. Stay tuned as the process slowly moves forward.
Sen. Ed Butcher (Ret) is a Central Montana rancher/businessman and former college political history professor who served for 10 years in the Montana legislature with six years on the Taxation Committee and as Chairman of the Agriculture Committee and has been currently appointed to represent HD 29.
As I try to write daily, sometimes there is not as much to share as other days, and this might be one of those days. I spend a lot of time with people here at the capitol and I try hard to develop relationships with as many as I can. One person that I really like is Maggie Bornstein, a lobbyist for the ACLU. We always greet each other and sometimes visit, because we both spend a lot of time in the Judiciary Committee room. I often tell her that I might vote her way real soon, and she pretends like she believes me … LOL! But I was shocked by something she shared with me today, and that was that she always reads my weekly “Journal” column. I appreciate that, Maggie!
I serve on the Legislative Administration Committee and today we heard a great Bill (Maggie would not have liked this one) by Senator Keith Regier. It simply stated that all interim committees (committees that meet when the Legislature season is over, and we are out of session) will no longer be ½ minority party and ½ Republican but will follow the percentages decided by our elections. In the House, it is 68 to 32 so that percentage will be followed on the interim committee make up. The minority party was not happy, I had no comment other than this … “Elections have Consequences.” It could be the other way someday, but I am committed to working hard to keep it in its present form.
I went to my seat on the House Floor and listened to several bill presentations today, but I will share one argument with you. We heard a great bill presentation by Representative Melissa Romano, a member of the minority party. I liked the bill, and the essence of it was to put other teachers in place to mentor 1st year teachers. A great idea, and who wouldn’t like that, but the price tag was $1 million, with 25% going to Administration ($250,000) There was a lot “for” and “against” debate, but here is my take. Right now, we spend $16,000 per student, per year for K through 12th grade to educate them, and I’m not so sure the greatest product is being produced. We (Montana) are ranked 48th in college entrance exams, so I just can’t push the green button on these bills. It still passed 53 “yes” and 47 “no”. I’m sure my friends and neighbors that are educators will not agree with me, but money just doesn’t solve every problem.
Friday March 17 (Week 11)
A little rant to end the week. Most days, I watch our Judiciary Chair lower her gavel and the hearings begin. I had no idea, before I came to Helena, that this is where the culture war is really fought for the State of Montana. This committee is the tip of the spear as the two sides square off and struggle for power. We have two opposing views on how life on planet earth should be lived out and most days, it is plainly displayed in this committee. Below is an article that, as clearly as I’ve seen, describes this battle.
The below in bold text is the relevant excerpt of the Montana Free Press’s “Lowdown” newsletter that just came out—here’s what former Justice Nelson had to say in response to legislative leadership’s condemnation of his violent rhetoric earlier this week:
Reached by email Friday, the former justice said he has “absolutely no second thoughts on the way I phrased my remarks.” He said the GOP is waging war against the judiciary, the LGBTQ+ community, the poor, people who dress in drag, citizens seeking abortions and others.
“It is a war grounded in the GOP’s determination to impose a white Christian Nationalist government at the federal and state levels,” he wrote. “And that makes this war one grounded in religious ideology — white Christian Nationalism — which is the very definition of a jihad. So, I stand by my remarks.”
He added that after he left the rally, he saw people peaceably gathering their things and leaving.
“What I did not see was these citizens gathering up their knives, and guns, and tear gas and baseball bats, and ransacking the Capitol,” he wrote.
Pasted below is the press release from earlier this week for your information.
LEGISLATIVE LEADERSHIP CONDEMNS VIOLENT RHETORIC FROM FORMER SUPREME COURT JUSTICE
HELENA, Mont.— All members of Republican legislative leadership jointly condemned violent pre-planned remarks from a former Montana Supreme Court justice who spoke to a crowd in the State Capitol Rotunda today.
James Nelson, a former justice on the Montana Supreme Court and current regular newspaper columnist for Lee Newspapers and the Daily Montanan, appeared to endorse politically-motivated violence against the Legislature, Governor, and Attorney General when giving his prepared remarks.
“Make no mistake. Make no mistake, this challenge is, and will continue to be a fight, indeed a fight to the death against the jihad focused on our third branch of government. A war perpetrated by the supermajority Freedom Caucus, the Legislature, the Governor, and the Attorney General,” Nelson said (emphasis added).
Nelson was reading from prepared remarks, showing he clearly premeditated and planned his comments saying ongoing political and policy disagreements are and will continue to be a “fight to the death” before continuing with a terrorism and war metaphor.
Legislative leadership condemned Nelson’s violent rhetoric that elicited applause from the crowd gathered at the State Capitol.
“Violence has no place in our politics, in our elections, or in the policymaking process. We are alarmed and disturbed that a former Montana Supreme Court justice would engage in such violent rhetoric, including naming specific elected officials in his comments about a ‘fight to the death.’ We condemn Justice Nelson’s violent rhetoric and call on all Montanans to keep violence out of our politics,” said Senate President Jason Ellsworth, House Speaker Matt Regier, Senate President Pro Tempore Ken Bogner, House Speaker Pro Tempore Rhonda Knudsen, Senate Majority Leader Steve Fitzpatrick, and House Majority Leader Sue Vinton jointly.
“I served two tours in Iraq fighting in a war, including against jihadists. Suggesting that political differences in Big Sky Country are in way similar to war or jihad is as wrong as it is concerning,” Sen. Ken Bogner, a Marine Corps veteran, added
Video of the relevant portion of Justice Nelson’s speech can be viewed here.
You might read the above and sluff it off as just simple “political rhetoric”, but as Madam Chair lowers her gavel, we put many of these issues to a vote in this highly contentious committee, on almost a daily basis, so the “war” outlined by the former Supreme Court Justice is a very real issue to this Representative, and I consider it a high honor to represent the good people of Miles City, as we make our stand and stand tall, while this never ending battle rages on.
