HELENA — At the Montana Legislature, bills that appropriate state money, affect state revenues or propose changes in the state constitution have to pass through either the House or the Senate by Tuesday to remain alive. That meant lawmakers had another rush of bills to tackle on Monday.
The House and Senate both held all-day floor sessions, where they debated dozens of bills. The work began at 8:30 a.m. and ended just before 8 p.m.
Many of the most heavily debated bills were proposed constitutional amendments. Any amendment proposal must receive at least 100 votes between the House and Senate to pass the Legislature. After that, it would have to go before Montana voters in the 2024 general election.
Republicans currently hold a 102-seat supermajority, so they can advance an amendment to the ballot without Democratic support if no more than two GOP members vote in opposition.
On Monday, the House considered five proposed amendments, while the Senate considered three. Six received enough votes to keep moving forward – though it’s an open question whether they’ll be on pace to reach the 100-vote mark. One of the amendments received bipartisan support. For the other five, most Republicans were in support, but at least two broke with their party and voted no. That means the bills must maintain or gain GOP support on the final House vote Tuesday – or get some Democratic votes in the other chamber. However, Democratic leaders have repeatedly said they’re opposed to constitutional changes.
“I think what we've heard loud and clear from Montanans is that, full stop, they're not interested in changing our Constitution,” said Rep. Laurie Bishop, D-Livingston. “I think that has been what I have heard the most loudly across all ideas.”
Republicans who supported the amendments said the process to change the Constitution exists for a reason.
“When different branches of government come to a head and have a difference of opinion when it comes to the interpretation of a part of the Constitution, there is a process in that same Constitution that would allow those branches to come to some sort of a conclusion by submitting to the people of Montana the question that they are in disagreement on,” said Rep. Mike Hopkins, R-Missoula.
One proposed amendment would change the way Montana Supreme Court justices are chosen. Currently, they’re elected by voters statewide. Rep. Bill Mercer, R-Billings, sponsored House Bill 915, which would let the governor appoint justices, who would then have to be confirmed by the Senate – similar to how the U.S. Supreme Court is selected.
Mercer said the change could reduce the influence of outside campaign spending.
“If you like the status quo – if you like the idea that in order to be on the Supreme Court, you have to ask for donations and we have to have a flood of money that is trying to influence that decision-making – then you should stick with the system we have,” he said.
But opponents said the proposed system would only tie justices closer to politics.
“It really isn't solving the problem that the good sponsor wishes to, which is in part at least removing the influence of money from politics,” said Rep. Laura Smith, D-Helena. “The truth is that just really shifts that. We have a governor who also has a statewide campaign, has his or her own political biases.”
HB 915’s preliminary vote finished 64-36, with four Republicans voting no.
Three other amendments are also advancing to a final vote in the House:
· House Bill 372, sponsored by Rep. Paul Fielder, R-Thompson Falls, would expand the existing constitutional provision that calls hunting and fishing a “heritage that shall forever be preserved” into a right to hunt, fish and trap using “current means and methods.” Six Republicans voted against it on the initial vote.
· House Bill 517, sponsored by Hopkins, would give the Legislature more authority to direct the Montana Board of Regents on “policies and practices that protect the rights and associated civil liberties” of people on state college campuses. Two Republicans opposed it on the initial vote.
· House Bill 551, sponsored by Rep. Casey Knudsen, R-Malta, would expand the constitutional right to bear arms by removing a provision that allowed the state to regulate the carrying of concealed weapons. Three Republicans voted no in the preliminary vote.
One House Republican, Rep. Wayne Rusk, R-Corvallis, voted against each of the proposed amendments – including two, HB 372 and HB 551, that he was listed as a co-sponsor for. When MTN asked him about his decision, he shared a handwritten statement, saying he felt bound by conscience on three of the bills, and he had “adjusted my own inclinations to those of the electorate” on the fourth.
“With all due respect to leadership, whom I have supported since day one, the first three of these proposals do little more than tread upon one right with another, and in the case of the fourth, to press forward, with what we know, would amount to presumption,” his statement continued.
On the Senate side, Senate Bill 534, sponsored by Sen. Tom McGillvray, R-Billings, passed 31-19 on a preliminary vote, with three Republicans joining Democrats in opposition. The bill proposes a change to state redistricting rules – prohibiting the state Districting and Apportionment Commission from considering party or election data in their decisions. Many Republican lawmakers criticized the commission during the current redistricting cycle, claiming they put partisan makeup ahead of other criteria.
Another proposed amendment, Senate Bill 563, sponsored by Sen. Ken Bogner, R-Miles City, was the only one to receive significant bipartisan support. It calls for setting aside $50 million in a state trust to fund mental health priorities. It passed 41-9 in the initial vote, with 29 Republicans and 12 Democrats in favor.
Two proposed amendments failed to pass on their preliminary votes:
· House Bill 965, sponsored by Rep. Jerry Schillinger, R-Circle, would have removed a constitutional provision that gives the Montana Supreme Court the power to make rules on admission to the state bar and conduct for practicing attorneys. It was voted down 45-55 in the House.
· Senate Bill 272, sponsored by Sen. Theresa Manzella, R-Hamilton, would have established specific powers of county sheriffs that could not be “withdrawn, transferred from, or delegated to any person or entity outside the control of the sheriff.” It was voted down 23-27 in the Senate.
Altogether, the House debated more than 50 bills on Monday. Among them was House Bill 816, sponsored by Rep. Josh Kassmier, R-Fort Benton, which would use another $200 million to increase the income and property tax rebates the Legislature already approved earlier this session. That bill passed a preliminary vote on party lines, 68-32 with all Republicans in support.
The House also endorsed House Bill 963, sponsored by House Speaker Rep. Matt Regier, R-Kalispell, 67-33. That bill would provide an additional income tax rebate in 2024 if state revenues come in higher than expected.
Lawmakers endorsed two bills directing millions of dollars in state funding toward housing projects. House Bill 819, sponsored by Rep. Paul Green, R-Hardin, would provide grants for local organizations to help middle-income households purchase “attainable workforce housing.” House Bill 927, sponsored by Regier, would put an additional $115 million in the state coal tax trust fund to provide loans for developing and preserving affordable housing.
However, the House voted down one notable housing-related bill: House Bill 825, sponsored by Hopkins, known as the HOMES Act. That bill, touted by Gov. Greg Gianforte, would have invested $200 million into water, sewer, roads and other infrastructure projects to support new or improved housing development.
The Senate took action on more than 40 bills Monday. In the afternoon, they debated several tax abatement bills – including Senate Bill 529, brought by Sen. Greg Hertz, R-Polson. SB 529 is a temporary tax exemption for wireless infrastructure, and would limit the taxes paid for wireless or cellular towers in rural areas, federally recognized Indian reservations, or areas that are lacking in coverage. It passed an initial vote 38-12.
A bill that saw plenty of debate from both sides of the aisle was Senate Bill 518, from Manzella. It would require school districts to take steps to ensure more parental involvement in their child’s education, and also state government entities can’t obstruct or interfere with “the fundamental right of parents to direct the upbringing, education, health care, and mental health of their children.”
Bills that got preliminary approval in the House and Senate on Monday will have their final votes Tuesday, just in time to meet the deadline. For constitutional amendments, that final vote is the one that counts in determining whether they reached the 100 votes needed.
