By Clayton Murphy | UM Legislative News Service, University of Montana School of Journalism

Montana Senate Skirmishes Continue

HELENA — A session-long power struggle in the Montana Senate came to a head last week when 18 Senate Democrats and nine moderate Republicans joined forces, sparking nearly three hours of late-night, contentious debate on committee assignments and bill referrals. 

Those debates on Feb. 17 sent reverberations through the chamber all week, with lawmakers rising nearly every day to either justify the motions as a protest of inaction on the part of Republican leadership or to decry the moves as obstructionist, petty power plays.  

The 27 Senators have exerted control over the Senate since January when the nine Republicans voted with Senate Minority Leader Pat Flowers, D-Belgrade, on a motion to dissolve the Executive Oversight Committee and put more Democrats on key committees.

In the late session on Feb. 17, Sen. Josh Kassmier, R-Fort Benton, moved to send more than 20 House bills to certain Senate committees. Traditionally the bill referral process would be left up to Republican Senate President Matt Regier, but the move signaled annoyance with Regier’s performance.

Sen. Jonathan Windy Boy, D-Box Elder, supported the motion to speed up the process.

“In the last session, I had a House bill that came over here that passed both chambers 148 to zero and then when it finally made its way to the Governor’s desk, he vetoed it,” Windy Boy said. “We’re only here for 90 days and I couldn’t even get a simple majority to override that veto.”

The evening was full of protest — Republican Sen. Daniel Emrich of Great Falls called it “a sad night for the Senate.” Sen. Daniel Zolnikov, R-Billings, took to reading the full title of each bill.

“I figured…I should just keep reading the bill title so at least we know what we’re doing [and] pretend to at least be intellectually honest,” Zolnikov said. “ I might just apply to be the bill reader in the future.”

The skirmish comes after a weeks-long battle over how to handle ethics allegations against former Senate President Jason Ellsworth, R-Hamilton, one of the Republicans who has voted against the majority of the party.

Later in the week, the Senate moved to reopen the ethics investigation of Ellsworth after the cohort of 27 Senators voted to suspend the investigation while the case was referred to the Montana Department of Justice. 

The DOJ announced a criminal investigation concerning Ellsworth but said investigating his ethics was not in their jurisdiction.

As first reported by the Montana State News Bureau, Ellsworth has come under fire for a $170,000 contract he quietly signed in his last days as Senate President in December before Regier took over.

The now-terminated contract was signed with an associate to investigate the efficacy of 27 judicial reform bills in front of lawmakers this session should they pass.

Montana’s Congressional Delegates Talk Land Management, Energy and Innovation at Montana Legislature, State Democrats Criticize Silence on Presidential Actions

HELENA — Silence in the Montana Legislature about federal goings-on was broken Feb. 16, when Montana’s congressional delegates took the podium in the House of Representatives for speeches about their work amid the whirlwind of executive actions coming from Washington D.C.

But, state Democrats were disappointed by what they saw as “ignorance.”

“I thought we were going to get a federal update today that maybe I could come in this room and say, ‘I have your, your back, federal delegation, Thank you so much for saying something,’” said House Minority Leader Katie Sullivan, D-Missoula. “But I’m not here to say that, unfortunately.”

U.S. Republican Rep. Ryan Zinke opened up the afternoon of speeches with concerns about the mismanagement of land across the country and the need to defend those lands in Montana.

 ”It’s hard to defend when we burn our forests down every year — when we mismanage our greatest assets.  But we can fix it,” Zinke said. “And fixing it in this issue will not come from one side of the aisle.”

Fellow Republican Rep. Troy Downing spoke more about political cooperation, maintaining that the U.S. is a “hotbed of innovation.”

“ We talked about energy dominance. Not just America — Montana needs to be energy-dominant. I mean, we are the Treasure State. Let’s make sure that we’re continuing to access and develop our natural resources,” Downing said.

Republican Sen. Tim Sheehy said his role in the U.S. Senate has been supporting many of the President Trump’s campaign promises.

“As your senator, my mission is very simple: lower grocery prices, lower gas prices, make our streets safer. Plain and simple,” Sheehy said.

All three talked about efforts to reach across the aisle and Sheehy specifically mentioned bipartisan legislation the delegation is supporting, including the Laken Riley Act, which passed Congress with bipartisan support. Under the new law, unauthorized immigrants accused of violent crime or theft would be automatically detained.

Montana Democrats held a press conference after the speeches with guest Michael Maierhofer, a former U.S. Forest Service employee who was fired in the wave of Trump’s public employee layoffs.

“Removing public servants like me does not save money,” Maierhofer said. “It damages local rural economies and adversely affects the outdoor industry. Who is fighting for us?”

Senate Minority Leader Pat Flowers, D-Belgrade, called the federal delegation “completely out of touch.”

The delegate day in the Legislature also brought in leaders of the state’s judiciary and tribal nations to speak to lawmakers. 

Montana Supreme Court Chief Justice Cory Swanson took the podium to deliver an update on the Montana Supreme Court, saying we live in “interesting times.” He told legislators to stand against tyranny.

“The people consented to delegate a portion of their self-governing powers to you and me so we could act on their behalf. This deal gave us the duty to serve them, not the power to rule over them,” Swanson said.

He also pushed back on claims that the judicial system in Montana is partisan. He said his stance on maintaining a nonpartisan judiciary is not a constitutional argument, but his own dedication to purely fact-based judgment. Several bills in front of the Legislature seek to change the judicial system, including one that would make judicial races partisan.

The speeches were wrapped up by Justin Gray Hawk Sr. of the Fort Peck Assiniboine and Sioux tribes, representing the state’s 12 Tribes. He said he was proud to report the state’s Indian Nations are healthy and strong.

Gray Hawk reminded legislators of the delicate relationship between Montana’s Tribes and state government.

“ We know that as citizens of Montana, we all must listen and consider. It is not like the battles of centuries ago when we used guns and horses, but one where we use diplomacy and statesmanship to come together for the benefit of all. Our fights today are for the very survival of our tribal nations.”

Lawmakers Consider Multiple Bills on Physician Assistants

HELENA – Republican Rep. Jodee Etchart of Billings is pushing several bills that would advocate for Montana’s physician assistants, which some supporters say would help address Montana’s provider shortage.

The first effort is to add physician assistants to House Bill 458, a bill limiting noneconomic damages payouts in malpractice cases to $300,000. That number would then increase by $50,000 each year until 2030. The bill passed out of the House Business and Labor Committee last week and will now be debated by the full House. 

Jean Branscum, CEO of the Montana Medical Association, supported the change at a committee hearing on Feb. 18. She said before 2023, PAs could defer accusations to the physician they worked under. That changed when the 2023 Legislature passed a bill, also carried by Etchart, that classifies PAs as independent from their physicians.

“So now they’re exposed in a different way than they were exposed before. So it’s important that we add them to the definition to make sure that they also have access to this section of law,” Branscum said.

But opponent Al Smith of the Montana Trial Lawyers Association said existing insurance programs that help providers pay damages offer enough support.

 ”We do not think that there’s been any demonstration that physician assistants need this cap protection. There’s been no testimony regarding insurance rates for physician assistants,” Smith said.

Etchart, who works as a PA, is also carrying a bill that would create an interstate agreement that would allow licensed PAs to operate in all participating states. Stacey Anderson of the Montana Primary Care Association supported House Bill 183.

“It really gives us a leg up in terms of which states are we going to recruit from instead of sort of throwing everything at the wall in all 50 states and hoping something sticks,” Anderson said.

Niki Zupanic, also with the Montana Trial Lawyers Association, was the sole opponent of HB 183 at last week’s hearing. She said she was reluctant but saw issues with the broad language used for protecting PAs against damages.

“ It is a small change, but it is important to us to make sure that this broad immunity doesn’t become the standard for these compacts,” Zupanic said.

Etchart has another PA bill making its way to the Senate after passing the House unanimously. House Bill 143 would add PAs to the definition of a “treating physician.”

Lawmakers Advocate for Bills to Study and Support Local Food

HELENA — Montana lawmakers are weighing proposals that would both study and support local food. One bill would fund a study on farmers’ markets and another would offer a tax cut for grocers who stock Montana products. Both efforts have encountered little to no resistance.

Rep. Jane Weber, D-Great Falls, is carrying House Bill 440, the “Montana Food First Bill,” which would create tax cuts for companies that stock food made in Montana.

 ”Montana-produced food is tough to find on our grocery store shelves. It’s time to change that,” Weber said. “And more importantly, our Montana ranchers and farmers deserve the opportunity to get exposure on our local grocery shelves.”

Under the bill, 50 percent of a grocer’s net income from Montana-produced products would be exempt from state taxes. Products sold for on-site consumption would not qualify for the exemption.

Proponents ranged from farmers’ advocacy organizations to grocers and independent producers, who said the bill could help local producers compete with large distributors that often offer discounts or other incentives for shelf space. There were no opponents of HB 440 at the House Taxation Committee hearing on Feb. 18. The committee advanced the bill with bipartisan support and it will now be debated by the full House of Representatives.

In the Senate, Sen. Butch Gillespie, R-Ethridge, is proposing a study of laws governing Montana farmers’ markets.

Proponent Kali Wicks, a lobbyist with Grow Montana, said the study would help identify where legal cleanup is needed following 2021’s Local Food Choice Act, which exempted products like raw milk and products made in home kitchens from the usual food sale regulations. 

Wicks said she has spoken with Republican Sen. Greg Hertz of Polson, who sponsored the 2021 Act.

 ”He actually said, ‘Oh, yeah, that section of code is a mess. Go ahead,’” Wicks said in a hearing on Gillespie’s bill last week. 

Other proponents of the bill said the study will help guide future legislation and identify ways to both maintain and expand access to fresh produce and Montana-produced products across the state. The Senate bill also had no opponents and passed through committee on a unanimous vote. The Senate will now debate the bill.

Bill Would Allow Gun Possession After Certain Criminal Charges

HELENA — Anyone charged with any crime other than a forcible felony or violence with a weapon would be allowed to keep their firearms until adjudication if a bill in the Montana House of Representatives becomes law.

Currently, state courts decide whether or not someone is able to possess a firearm as a condition of the person’s bail. House Bill 433 would make that decision for state courts, allowing anyone charged with lesser crimes to keep their firearms until they are proven guilty or innocent.

Rep. George Nikolakakos, R-Great Falls, is carrying HB 433.

“Currently, the mere accusation of a crime, even a civil crime or a nonviolent one, often leads to a judge slapping boilerplate conditions on an individual, stripping them of their Second Amendment rights, pending adjudication,” Nikolakakos said.

Benjamin Halverson is a domestic violence prosecutor for the City of Billings and was one of seven opponents who spoke against the bill at a committee hearing last week. He said firearm access in domestic abuse cases can be deadly, but these deaths can be prevented by court decisions to seize firearms.

“ House Bill 433 will completely take away law enforcement’s ability to even seize that firearm, to even have the choice to make a dangerous situation less dangerous,” Halverson said.

The Montana Department of Justice and the Montana Police Protective Association also opposed the bill. 

The bill drew two proponents, including the Montana Shooting Sports Association. 

The House Judiciary Committee did not vote on the bill last week.

Legislation Would Expand Childcare Scholarship Program

HELENA — Proponents of a bill in the Montana House say an estimated 2,500 children could be added to a Montana childcare scholarship if it passes.

House Bill 457 would change eligibility for the Best Beginnings Scholarship, a fund that currently only applies to families with incomes less than 185 percent of the federal poverty level, which is about $39,000 a year for a household of two. 

The bill would change the requirement to 85 percent of Montana’s median income. According to 2023 U.S. Census numbers, that would be about $60,000 a year for a household.

Rep. Jonathan Karlen, D-Missoula, is carrying the bill. He said it’s about strengthening the workforce and avoiding the “benefits cliff” that may have been created by the 185 percent requirement.

 ”We’re encouraging families to work more,” Karlen said. “We’re encouraging families to take the promotion. We’re encouraging families to increase their hours.”

Mariel Butan, Executive Director of Morningstar Learning Center in Big Sky spoke in support of the bill. She said her center’s average cost for five-day-a-week infant care is $20,400 a year. She said that barely covers half of their operating costs.

“If we increased our tuition to get closer to our true cost, families have already told us they would leave the workforce or Big Sky altogether,” Butan said

The bill drew 18 proponents to speak at the House Human Services hearing on Feb. 19. No one spoke against the bill.

Local Tourism Sales Tax A Different Jab at Affordability

HELENA — Montana towns and cities could have the option of a local, tourism-economy-based sales tax if a bill in the Legislature can gain traction. It’s a different and at times unpopular angle of attack against rising property taxes — a departure from other proposed fixes like tax credits and property tax restructuring.

Rep. Greg Oblander, R-Billings is carrying House Bill 489. An optional sales tax is not a new idea. Sen. Christopher Pope, D-Bozeman, tried it in 2023. His bill didn’t even make it out of committee.

Oblander’s bill hit the House Local Government Committee on Feb. 20. He argued a solution to affordability won’t come from internal mechanics.

“ We all know that property tax-wise, as that teeter-totter gets shifted, we give a benefit to one taxpayer, it shuffles to the other side and those taxpayers end up paying more,” Oblander said. “This is designed to not do that.”

The tax could only be applied to tourism-focused items like outfitting and guiding services and bar or restaurant purchases.

Critics argued the bill would close the door to all future attempts at a general state sales tax. Brad Griffin, president of the Montana Retail Association, used a similar situation in Alaska as an example.

“Alaska allowed their local communities to pass local option taxes,” Griffin said. “And then when the legislature wanted to adopt a statewide sales tax, those cities were the number one opponents to a statewide sales tax because it would mess up their revenue stream.”

Several outfitters also testified against HB 489, saying they worried the bill places an unfair burden on their industry.

Clayton Murphy is a reporter with the UM Legislative News Service, a partnership of the University of Montana School of Journalism, the Montana Broadcasters Association, the Montana Newspaper Association and the Greater Montana Foundation. Murphy can be reached at clayton.murphy@umconnect.umt.edu.