Monday April 3 (Week 14)
Just a quick note about Saturday, April 1st. Several shooting and 2nd amendment groups hosted a Trap Shoot at the Helena Trap Club. I signed up, but I haven’t shot a clay pigeon in years. It came time for my group to be up, but I didn’t have a gun. There was a man I had met because he had testified at several hearings. He had been an arial gunner for the Federal Governments’ Predator Control Program. He saw I needed a gun and let me borrow his brand new Benelli 12 gauge Automatic. It worked well … 17 out of 25 for me, so that was good for 3rd place. Senator Bob Brown, right next to me, hit 19 of 25, with a 20 gauge for second place. A fun day
Monday was a BIG day in Helena, as we met on the House Floor at 8:30 to hear bills that were passed out of the various House Committees. We were there till after 7 pm … a long and very frustrating day. We had a caucus meeting at 8 am this morning, with all (100) of us. The only purpose was to promote a 100% vote on 5 of the Constitutional Amendment Bills that had passed out of committee’s … it sounded like a real easy thing to me. Nobody even hinted, during our caucus, that there might be a problem. I was absolutely supporting these bills, but here we go … here’s the rest of the story …
Constitutional Amendment Bills require 100 combined votes between the House and the Senate. There are 102 Republicans in total, so it would take ALL of us to make this happen.
HB 372 by Representative Paul Fielder would give all Montanans the right to Hunt, Trap and Fish. Representative Fielder made his bill opening. Almost immediately, Representative Ken Walch stood and presented an amendment to the bill. Representative Fielder said he knew nothing about this amendment and called it an “unfriendly amendment”. We voted it (the amendment) down and then went back to vote on the bill. SIX REPUBLICANS sided with the minority party, killing the Hunt, Trap, and Fish Amendment.
HB 517 by Representative Mike Hopkins would give University students a way to get a fair trial (Them vs the University System) if they filed a complaint against a professor or the system itself. As I have mentioned in my previous journals, there is a TON of partiality in the University System. Please refer back to some of the testimony I wrote about a couple of weeks ago, when students testified that they were given a failing grade in their classes just for disagreeing with a particular professor’s “opinion”. AGAIN, we have failed our kids when they asked for this help! We are not giving them their protected freedom of speech, and therefore, they cannot receive a fair, safe, and impartial education. Intimidation and bullying by professors are HUGE!!! Representatives RUSK and WALSH voted with the minority party and destroyed this great amendment.
HB 551 by Representative Casey Knudsen, would enhance our right to carry concealed weapons. Again, Republican Representatives RUSK,FITZPATRICK and BARKER made sure this would never happen.
HB 915 by Representative Bill Mercer, would allow the Governor to select Supreme Court Justices, with Senate approval, but guess what????? Republican Representatives RUSK, SPRUNGER, GREEN and BARKER killed this idea.
HB 965 was presented by my seat mate to my right, Representative Jerry Schillinger. He made a great presentation about allowing anyone who could pass the State Bar Exam to be licensed to practice law in the state of Montana. To no avail … 23 REPUBLICANS helped the minority party to make sure this bill was DOA.
What is our problem??? I learned today that the hyped-up Republican “Super Majority” is a JOKE!!! I was so upset that I took the time and texted Don Kalschmidt, who is the Chair of the State Republican Party. I told him that the State Party needs to get super involved at the primary level and get rid of these Representatives that show no party loyalty, (Rhino’s) but in turn, reflect the values of the minority party! I don’t think it will ever happen at the state level, but the folks at home MUST do it. YOU have to absolutely pay close attention to how your Legislators’ vote and then hold their feet to the fire OR … replace them, PERIOD!! As my friend, Senator Ed Butcher has said “… When you buy a Cadillac, you expect a Cadillac … not a Chevy or Ford or a Dodge … a Cadillac!! It’s the same when we vote … if we vote for a Republican, that’s what we expect … Not a Democrat dressed as a Republican, but A REPUBLICAN!”
Tuesday April 4 (Week 14)
Madam Chair is a slave driver … LOL!! We reported for duty at 7 am and we heard 4 bills, right in a row, by Senator Greg Hertz, all making small changes in legal language.
SB 490 sought to modify code, to allow for more legislative investigative power.
Senator Tom McGillvray brought an interesting bill. If you pay property taxes, for 10 years, on land that is not yours, the land will then become yours at the end of that 10-year period. I should have asked, to make sure, but I think this had to do with the Church Universal and Triumphant properties by Emigrant. Some of these bills are hard to figure out and there is pressure to keep things moving. Because I did not fully understand everything in it, I looked at the senate vote, which was 34-16, split along partisan lines.
Senator Daniel Zolnikov introduced a bill to do away with Common Law Marriage. An attorney, who had many cases along these lines, testified how complicated they become, after one of the partners dies. Kids from both sides get involved, and it gets really complicated, fast. He told of a veterinarian that co-habituated with a female while in college and the female used the common law statute to sue the vet 4 years after she moved out.
We went to the House Floor for session at 1:00 and opened with prayer and the pledge of allegiance. We did 3rd readings on the bills that have already passed 2nd readings, yesterday.
I am having a tough time with all of this today, considering everything that happened yesterday. All the above-mentioned Amendment bills failed, in their 2nd reading. What bothers me most, is that if these had passed, it would have simply ALLOWED these Amendments to be put on the November ballot, so the PEOPLE of Montana could have voted on them. A “yes” vote on our floor would have said to me “… let the people decide”, but this “no” vote said “… don’t even give the people a chance/voice!” Mr. Speaker and our Majority Leader, both asked us to support these amendment bills. They even gave us all an opportunity to comment during our meeting. There was not even a hint of defection at that point. It’s like your boss saying, “… are you all good with this?”, and then don’t make the effort to even respond or comment. At that point, we gave them the assurance that everything was OK. It is a very telling vote to me, as this small bunch refused to support the Republican Party. Perhaps they would be more comfortable in the minority party?? Representatives RUSK, WELCH, WALCH, BARKER, DOOLING, PARRY, FITZPATRICK, FITZGERALD, GREEN, LOGE, and SPRUNGER should rethink their party affiliation.
Don’t forget these names … they are NOT on our side. Again, as voters, we need to make sure we put people in these positions that can and will make a stand!
Wednesday April 5 (Week 14)
It was Senator Ken Bogner Day in the House Judiciary Committee today. There were 4 bill presentations by our Miles City Senator. I keep saying this with many of the bills we hear … you set a mouse trap and sometimes catch an elephant.
That happened to Senator Bogner on the first bill he presented. It looked and sounded so simple … allow changes in HOA’s (Homeowner Association Covenant). I don’t think anyone expected 17 opponents to show up to testify against his bill, and many were not happy, especially the homeowners. Bankers, lawyers, and lobbyists descended to room 137. I asked the first question. I called an attorney to the podium, as well as a homeowner and asked them if they had testified at the Senate Hearing? “No” was their response, and that’s what I had figured, because this bill had passed through the Senate with ease. Most of them had not heard about that Senate hearing date, and therefore, no opponents showed up. I’m thinking this bill may not make it when we vote as a committee, as there appeared to be way too much opposition.
SB 396 addressed privacy issues with the new digital Driver’s License that is coming to Montana.
SB 423 was a Firearm Safety Bill that would allow people, who are going through a tough time mentally and emotionally, to allow friends, family, or stores to hold their firearms through these times, and then, not be held liable if the gun was given back and bad things happened. Many proponents testified, and they included the owner of Capitol Sports, veterans’ groups, and suicide prevention groups. Very positive feedback.
SB 445 allowed photographic lineups in criminal investigations.
Altogether, our Miles City Senator had a good run in the tough House Judiciary Committee. On a side note, I was in Helena for 3 ½ weeks before I even saw Senator Bogner but know that he is an up-and-coming young man in Montana Politics.
1 pm and our floor session began. We had 30, 2nd- reading bills to vote on. During 2nd- readings, we debate the bills on the House Floor, and it can go on and on sometimes. But today, things moved right along. We had 51 – 3rd reading votes. On 3rd readings, we just vote … no debate is allowed at this point. This is the final vote that really counts.
I must admit, at this point, that I am getting a bit sinical, but here goes. We get $16,000 per K through 12 students. A class of 25 kids would cost us $400,000 to educate for 1 year. Montana used to be toward the top of the nation, scholastically, and now, we are toward the bottom, so I just don’t agree with all the crazy spending bills that are coming my way. But I am definitely in the minority when pushing the red button … “NO” votes. Virtually every spending bill has gotten a pass vote, and it’s crazy!! Today on the floor Representative Gary Parry, from Colstrip, said many programs are being funded by the Coal Trust Fund and many that push the green button to spend the coal money are the same ones that vote against coal every time. The way things are going right now, we will spend our way thru the budget surplus, and then some, before we leave here in three weeks … all with our super- majority Republicans.
Thursday April 6 (Week 14)
Madam Chair lowers her gavel at 7 am sharp. Yes, that’s right, 7am! Many of the legislators, lobbyists, and for sure, the capitol staff, are running on fumes. It’s not like physical work, but at the capital, the pace is grueling. We are running from Committee meeting to meeting, trying to keep our schedules. My phone never stays quiet for hardly 30 seconds, and there are hundreds of emails, texts and voice mails left on my phone. No one calls just to say “hi”, but their messages are “… VOTE for bill 123 …” or “… WHY did you vote for bill 123 …” or we need to KILL bill 123…” Many that MUST talk to me, immediately, won’t even remember my name in 25 days. I say that just to let you know that there are a lot of decisions being made and a lot riding on these decisions. Today is a great example … we listened to 8 bills today and two were very controversial…
HB 450 was a medical freedom bill. I could go on and on with this one, but one example I will highlight is a day care that wouldn’t accept non-vaccinated children. This bill outlined how you could exempt out of vaccinations due to personal conscience or religious reasons. It boiled down to the anti-vaccine proponents verses the pro-vaccine opponents. Many testified about the huge uptick in all kinds of unheard-of health issues and many strange deaths all around the world that never used to happen. We have heard about athletes dropping dead on the field, and many kids with mysterious heart issues. Dr. Drivdahl, from Miles City, zoomed in and answered my questions about “safe & effective” … two words we are way tired of hearing. Jo Villhauer, Mariah Stone and her little girl, Briar, drove to Helena from Miles City to testify in person. Kind of a big deal, as it’s a 12-to-14-hour drive!! I appreciate their input. The opponents did their best to convince us all that vaccines are “safe and effective”. I, for one, am definitely not convinced. At this point, there is too much compelling evidence and a need to question these vaccines’ “safeness”. Senator Daniel Emrich closed on his bill and shared that two of his children will never be the same after their childhood vaccinations … this was unbelievably powerful and eye-opening!! Anyone can watch these hearings if you go to leg.mt.gov and look for the SB450 hearing in the House Judiciary Committee on April 6, 2023.
SB 72 was VERY controversial, because it has to do with restructuring the water court. Plenty of opponents and proponents testified. Lieutenant Governor Kristen Juras testified as a proponent, and I questioned her because the appointments of the judges are made by the Governor and that makes me a bit nervous. The political winds could change some day, and we see many places in America, right now, where irrigators take 2nd place to some environmental issues, and they are forbidden to irrigate. This bill has been amended 28 times in our Senate, with zero public comment on any of these amendments. If this passes, we will set up a permanent government court system to handle less than 50 cases per year. Are appointed judges even constitutional? If this issue gets challenged in the future, all their past decisions might become invalid, and appointment of water commissioners might shift from the local court to the new court. New language allows a legal mechanism to challenge already decreed water rights. This issue doesn’t have to be fixed till 2028. The final working group consists of 11 members, of whom 7 are lawyers. My email box is going crazy with both pro and con arguments, and I’m getting face to face pressure from lobbyists from both sides!! Legislators have to be a freaking lawyer (LOL!) to understand the language in this 40-page bill. If I sound a little frustrated that’s because I am! We have very sincere folks, on both sides, advocating for what they believe, and often, the decisions we make on their behalf are life changing. All I can say is, I take my job very seriously for the people of Montana, and do the best I can, with what information I have.
Friday April 7 (Week 14)
Today, all 100 of us reported to the house floor to do a 2nd reading on 27 bills that passed out of committee and do 3rd reading on 26 bills. Some interesting things happened …
Representative Katie Zolnikov was the carrier for Senate Bill SB 143. (Her husband is a Senator). Only Representatives can present bills on the House Floor and the same happens in the Senate. Senator Esp presented SB 143 to a senate committee hearing and it passed 8 to 1. The bill then moved to the Senate Floor, where all 50 Senators voted, and it passed 34 to 15. Senator Esp traveled over to the House Committee on Local Government, and it passed there, 11 to 5. The bill has to have a “carrier” assigned to present the bill on the House Floor, because again, only Representatives can present these bills there. Representative Katie Zolnikov became the assigned carrier. The bill addressed citizen initiated zoning districts. Representative Zolnikov voted FOR the bill in committee, but as she studied the bill, with the changes, decided she did not like it, and made that very clear when she made her presentation on the House Floor. The bill failed 50 to 41. Complicated and crazy sometimes … On some of this stuff, we just sit back and take it all in. I’ve wondered what Senator Zolnikov thought about the process. Discussion around the dinner table might have been interesting that evening.
SB 270 was interesting. This bill grants a person freedom of expression on social media. If you talk smack about your boss on Facebook, he can’t fire you. The vote count is what interested me … the bill passed 71 to 28 along party lines with most of the “no” votes coming from the minority party. Someone will have to get me in a corner some day and explain that to me.
SB 262 was again targeting a certain municipality that was taxing some professionals, already licensed by the state, and then the city would make them purchase a “city license” again, for the same profession … not right in my book. Taxation, taxation and then MORE taxation! The bill again passed along party lines 68 to 31.
SB 356 will make the FWP get permission from the county sheriff before setting up a game check station … once again 70 to 29 along party lines.
SJ 14 is a Senate Joint Resolution. A resolution is not a law but allows lawmakers to show their position by how they vote. This was introduced by Senator Mike Lang, from Malta, and basically said that there could be no buffalo on the CMR (Charles M. Russell) Wildlife Refuge. The resolution was hotly debated, with the Native American Caucus and most of the minority party wanting buffalo on the CMR. Most all the majority party did not want buffalo there. Representative Paul Fielder made a great point … buffalo will always find the best food, and a fence is but a minor deterrent. Because there are a lot of farms surrounding the CMR, the vote was 67 to 34 along party lines.
We’ll see you all next Wednesday! Have a great Easter and please remember what Jesus did for every one of us.