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Flathead lawmakers see successes in first half of legislative session

by KATE HESTON
Daily Inter Lake | March 8, 2023 12:00 AM

Among the bills pitched by local lawmakers that survived the first half of the legislative session are a revision of forest taxation laws, legalization of the sale of pre-made Jell-O shots, the combination of two Northwest Montana conservation commissions and the creation of a new veterans cemetery in the area.

“There is a lot of work to be done but I can tell you that your Flathead delegation is definitely earning the people’s money,” said Sen. John Fuller, R-Whitefish.

Transmittal day, which was March 3, marks the halfway point of the legislative session and the deadline for most non-budget bills to pass through one chamber. Those that don’t make the cut fall by the wayside.

Rep. Courtenay Sprunger, R-Kalispell, a freshman legislator, saw success with several bills, including a push to beef up funding for career and technical education opportunities in Montana schools. House Bill 257, sponsored by Sprunger, was voted through to the Senate on Feb. 22.

A few bills have already made their way to the governor’s desk, including Sprunger’s proposal to create a $100 million transportation infrastructure fund, known as House Bill 267.

Sprunger also carried several budget bills that are not held to the transmittal deadline. In compliance with Gov. Greg Gianforte’s budget proposal, Sprunger introduced House Bill 225, which would grant families a tax credit for adopting a child. The bill also passed the House.

Speaker of the House Matt Regier, R-Kalispell, carried four bills this session, all of which have passed through the transmittal period, with topics such as prohibiting dismemberment abortions to district court revisions.

Regier commented on the success of the governor’s red tape relief bills this far, adding that while there were some great bills that stalled, there is a lot to do with the legislation that made the cut.

THE SAME processes are happening on the other side of the statehouse in the Senate.

Fuller, the senator from Whitefish, said he was gratified at the work done by his colleagues thus far in the session specifically regarding budgeting. Both chambers still have a lot of “wrangling” to do, he said.

Fuller introduced eight bills to the Senate, two of which were tabled. The rest are now in the House. These include Senate Bill 99, which would prohibit gender affirming surgery on minors; Senate Bill 400, which would extend the permit for concealed carry from four to five years; and Senate Bill 361, which tackles financial discrimination concerning firearms.

Sen. Keith Regier, R-Kalispell, has also successfully shepherded bills to the House, including a bill clarifying that Montana’s constitutional right to privacy does not extend to protecting the right to abortion. A bill that updates drunk driving laws to include testing for the presence of drugs in an offender, Senate Bill 13, passed the Senate unanimously.

Reviewing the bipartisan efforts of the Legislature, the senator said that he observed Democrats being more judicious on the legislation they brought to the floor, considering the Republican supermajority.

“We have a big majority and they have a small minority,” Keith Regier said. “I think everyone understands that.”

Sen. Mike Cuffe, R-Eureka, said that he was sure Democrats had their disappointments — especially with what he deemed “ideological” or social issue bills.

The longtime Lincoln County lawmaker carried multiple bills that could affect the Flathead Valley. That list includes legislation to incentivize timberland owners to continue growing timber through a revised taxation system — Senate Bill 3 — as well as legislation that would combine the Upper Columbia Conservation Commission and the Flathead Basin Commission into the singular Western Montana Conservation Commission.

Rep. Bob Kennan, R-Bigfork, who serves as chair of the Joint Appropriations Health and Human Services Committee, said most of the session for him was spent focused on the Department of Health and Human Services’ budget. He anticipated smoother sailing ahead.

“It is going to be a big lift, but I did it 24 years ago and I am going to do it again,” Kennan said.

Keenan also critiqued the packed schedule in the days leading up to the transmittal deadline. Legislators were at the Capitol for more than 11 hours a day. To him, that was indicative that the legislative process is broken.

“Good results don’t happen in a hurry,” Kennan said.

Rep. Dave Fern, D-Whitefish, the only elected Democrat in the valley, said that the 2023 session struck him as unique.

“I don’t see much bending from the majority regarding social issues, though I do see members of the majority not particularly satisfied with where they’re at,” Fern said at a public event in Whitefish on Monday. “It is very difficult to find middle ground.”

Despite being in the minority party, Fern saw several bills passed by the House. Fern is looking to revise the administration of the housing Montana fund in House Bill 244 as well as revise the annual job growth incentive tax scheme in House Bill 601.

Rep. Braxton Mitchell, R-Columbia Falls, also saw a handful of bills survive the first half of the session. House Bill 81, which would create a new veterans cemetery in Northwest Montana, passed at the end of January.

A bill allowing for the retail sale of Jell-O shots, Mitchell’s House Bill 455, passed the House on the last day of February. House Bill 213, which allows parents to secure a death certificate for a nonviable birth following a miscarriage or loss of fetus, also earned the House’s approval.

Mitchell’s bill banning minors from attending drag shows, which garnered much public attention, made it through to the Senate. House Bill 359 would prohibit minors from attending shows that appeal to a prurient interest and are in tax-funded facilities, such as schools and libraries.

"This has been a historic session," Mitchell wrote in an email. "We have passed groundbreaking tax reform that will put money back in Montana’s pockets and will help create more jobs and grow the local economy. We have expanded on Second Amendment rights. We are working on expanding parental choice for schools."

OF THE bills Mitchell introduced, one was tabled before the transmittal period. The bill would have required the playing or singing of the national anthem prior to any sports event held in a publicly funded location.

Fern’s proposal to tweak resort tax laws to allow uses for workforce housing also failed to make it to the Senate.

Another bill that died would have paved the way for sidewalks in Evergreen along U.S. 2. The bill, sponsored by Rep. Tony Brockman, languished in committee.

Legislators return to Helena on March 9 to resume the legislative session.

Reporter Kate Heston can be reached at kheston@dailyinterlake.com or at 758-4459.