Legislative update

This past week didn’t start until Tuesday, caused by the controversies noted in last week's report, ie. Virus, judges, etc.. Nonetheless, it turned out to be a productive week, with the Governor signing some important legislation into law: HB 163 expanding the Fish and Game Commission to seven members will allow better representation across the state. Additionally, I believe, we will send a bill to the Governor that stipulates that three of the seven members will be agricultural producers. He signed HB176 that closes voter registration on Monday before election. I erroneously reported previously that we had been successful in moving it to Friday before, that proved not to be accurate. HB 258 directs Montana law enforcement to not enforce unconstitutional federal mandates violating 2nd amendment rights. Two more important bills signed into law are HB43 that expands the use of telehealth and SB 169 strengthening voter I.D. laws to help safeguard our elections.

Back in the House, SB 285 by Hinebauch will allow ag producers to claim eligible gas tax credits for gas purchased at the pump in town, not just on bulk deliveries. This is consistent with how diesel is currently done. We also passed SB 370 protecting constitutional rights in a state of emergency. This is one of several good pieces of legislation passed this session protecting individual liberties as a result of experiences this past year.

In an attempt to level the playing field for in state retailers, we passed SB 376. This allows Montana to join in a multi-state effort to tax online retailers that really call no place home. The failure to do this, results in brick and mortar local retailers picking up an increasingly unfair proportion of local taxes on dwindling sales volume. I presented SJ13, by Senator Hinebauch, which will create an interim study of the prevailing wage laws. A bill passed earlier in the session improved the situation in Eastern Montana regarding this, but more needs to be done. Currently, many rural communities are paying much higher wages for public construction projects because of outdated laws. The result is projects that cost sometimes 100’s of thousands of dollars more than they should. Hopefully we can improve this situation further in a future session.

Finally, HB 112 banning boys competing against girls in scholastic athletics, is headed for the Governor’s desk. This battle started early in the Session. An issue that is pretty clear to most seems to be complicated in today’s culture. The battle lines are drawn.

HB 318 defining bison as livestock if they’ve ever been held in captivity, is headed to the Governor. This, along with the Governor's proclamation reversing a policy of the Bullock administration that collaborated with the American Prairie Reserve, are important steps to stave off the reintroduction of bison to the Charlie Russell Reserve (CMR). The APR had proposed turning 2500 bison over to the Montana Fish Wildlife and Parks for the CMR, with the numbers increasing in the future. This is just the tip of the iceberg regarding the hopes of elitists to establish a North American Serengeti. This, along with the recent BLM land acquisition initiative in Garfield County, should be of utmost concern to everyone hoping to live and earn a living in Montana.

A few weeks ago, I reported that my bill, HB 576 had passed the House. The bill is a repeal of the Renewable Portfolio Standard passed back in 2005, carried by then state Senator Tester. This bill was bad policy then, it’s bad policy now. Rather than let markets and the evolution of technology determine our energy future, the RPS created mandates that have unnecessarily driven up energy costs and made our electrical grid less reliable, as evidenced by the recent rolling blackouts we experienced this past winter. 576 picked up some minor Senate amendments, came back to the House and should be on its way to the Governor’s desk.

Another important bill for our towns and counties, HB 599 will make it less burdensome to get gravel pit approval. This should result in much shorter applications and less expensive.

SB400, carried in the House by Bob Phalen, is a codification of parental rights, putting a greater burden on the State and less on the parent in custody type issues.

Last but not least, by any means, is what has been occupying the bulk of my time, appropriations. We are currently trying to finalize three main bills: HB2, the budget bill, HB 632, the bill appropriating the American Recovery Plan Act (ARPA) and of course a bill implementing recreational marijuana, brought on by I- 190 passed by voters in November. The details seem to be coming together, but it’s clear that due to many unknowns yet, especially regarding ARPA regulations and marijuana, that the final bills are not likely to be the final word, but a good start.

We have completed 76 out of a maximum of 90 working days session. Thursday or Friday April 30 is our hoped for close. We can either recess and possibly come back for a few days if the situation warrants, or just adjourn. A special session is an option then, if necessary, before next regular session. Federal actions and marijuana seem to be the most likely issues that could precipitate our return. For now, that’s it, hopefully a wrap up next week!

For Freedom,

Representative Jerry Schillinger