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Flathead legislators saw session as a success

by KATE HESTON
Daily Inter Lake | May 18, 2023 12:00 AM

Local lawmakers returning home after the 68th Legislative Session are describing it as a success, specifically in regard to improving infrastructure, investing in health care and providing tax relief, despite the often hectic pace and other challenges.

“I think that this Legislature was sort of the perfect storm,” said Rep. Dave Fern, D-Whitefish.

While successes are easy to see for Republican legislators, hurdles abounded for all lawmakers irrespective of party. The dynamics of the GOP supermajority, the flood of bills to consider and the debate over Montana’s budget surplus added to this, Fern said.

The session also, at times, garnered national attention, partially because of the raft of bills addressing social issues, including the LGBTQ+ community and abortion. But earlier controversies were eclipsed late in the session with the barring of transgender Rep. Zooey Zephyr, D-Missoula, from the House floor following a protest in the chamber’s gallery.

Rep. Courtenay Sprunger, R-Kalispell, also touched upon the complexity of the session, her first. Like Fern, she pointed to the budget surplus debate as a challenge.

“From my perspective, I actually think that when you come in with a large surplus, it creates the opportunity for more solutions, but also more conflict,” Sprunger said.

While at times difficult, Sprunger viewed the session as a success, specifically regarding what she described as generational investments, including into mental health.

Sprunger highlighted the allocation of $300 million aimed at reforming the state mental health system, an effort spearheaded by fellow Flathead legislator Rep. Bob Keenan, R-Bigfork.

A veteran legislator, Keenan has worked on mental health reform for years. Before the session began, Gov. Greg Gianforte asked him to carry a bill, House Bill 872, to set aside $300 million to review and rebuild the state’s mental health system, from local care to the state hospital in Warm Springs.

“We are currently dealing with the reality of the neglect of the public health system,” Keenan said. “It’s dynamic, it's dysfunctional.”

The passage of HB 872 through the House and Senate meant that, for Keenan, the session was a success. He expects the governor to sign the bill into law.

“It is one of the more significant bills to come out of the legislative session in decades,” Keenan said. Now, he said, he will work to prove that the bill was necessary.

Sen. John Fuller, R-Kalispell, also saw success with the health care legislation he sponsored. Senate Bill 99 — a deeply contested bill — was signed by the governor on April 28. The legislation bans gender affirming care for minors and currently faces legal challenges regarding its constitutionality.

“There is no difference between being abused by an adult physically and being told that you need to undergo sterilization and transformation surgery to save your life,” Fuller said of the legislation.

Fuller expects a lengthy legal battle regarding the bill and anticipates an appeal from whoever loses. A defeat in the courtroom, he said, would say more about the judicial system than the legislation.

“If the judiciary rules that it is unconstitutional, the judiciary is more corrupt than their most vocal critics have said,” Fuller said. “This bill was vetted and protects children from all kinds of things.”

Fern also touched upon SB 99, which he said revealed an overall lack of public trust in health care providers. Upon listening to the committee hearing, which Fern did after the session to better understand the issue, he noticed that lawmakers voted in opposition to health care professionals. According to Fern, trust in institutions is paramount to a working democracy.

“We are a nation adrift at times,” Fern said.

Fern, the only elected Democrat in the valley, noted that his party had a less accomplished session, which he attributed to the GOP supermajority. However, Fern said he is content with the party priorities that did see success, including a substantial look into the housing shortage, a bipartisan effort.

However, there is more to be done and a lot of “should haves and would haves,” he said.

“As a superminority, your expectations have to be realistic,” Fern said. “It’s helpful to have those realistic expectations.”

Tax relief and housing reforms were a main talking point across the board for local lawmakers as they looked back on the session, specifically regarding House Bill 819, a comprehensive package that puts $175 million into housing initiatives and an extra $50 million for low-interest loans for developers who build rent-restricted apartment buildings.

Fern said that the bill was a substantial effort toward dealing with the shortage, pricing and infrastructure of housing. Rep. Tony Brockman, R-Kalispell, and Sprunger also applauded the success of the legislation, which was sponsored by Rep. Paul Green, R-Hardin.

Rep. Braxton Mitchell, R-Columbia Falls, also saw the session as a success. Mitchell successfully passed a range of legislation, from creating a state veteran’s cemetery in the Flathead Valley to legalizing the retail sale of premade Jell-O shots. Mitchell also successfully got House Bill 359 to the finish line, a controversial bill prohibiting drag story hours in schools and libraries that receive public funding.

“From a youthful standpoint, I was able to bring a Gen-Z perspective in there and address some of those priorities,” Mitchell said. This includes using technology more, as seen in Mitchell’s successful House Bill 162, which allows hunters to use electronic tags.

“What we said we would do as a caucus we got done,” Mitchell said about the session overall.

Sprunger successfully passed eight of her nine sponsored bills this session, with a few still awaiting Gianforte’s signature. These include the creation of a grant program for autism facilities, the expansion of when auxiliary officers can carry weapons, the creation of an adoption tax credit, investments into infrastructure through the SAFER Act, and more opportunities for student work and internships in schools.

“So much community investment came out of this session,” Sprunger said.

While the session had great challenges at different points, it also had great triumphs, Sprunger told the Inter Lake. Legislators across the Flathead agree.

“Whether it was Speaker [Matt] Regier or myself, a new freshman, the Flathead can be proud of the fact that they have dedicated legislators,” Brockman said.

Reps. Amy Reiger, Neil Duram, Terry Falk, Steve Gunderson and Tanner Smith, Sens. Mark Noland, Keith Regier and Mike Cuffe, and Speaker of the House Matt Regier did not respond for comment.

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