Legislative Report

I hope everyone had a Blessed Easter. Friday after a morning floor session, Appropriations Committee, and informal appropriations get together, we were out for Easter break! After a quick change of clothes, I jumped in my pickup and headed East. Thanks to longer days I was able to pull into home shortly after dark, where I was greeted by son Brett, granddaughter Bryn and grandson Keny. Keny brought a plate of treats he had prepared and got the tv prepared with a movie to watch with grandpa. We made it part way through before we both fell asleep!

Preparing for another transmittal deadline, Easter Week was filled with long days of floor sessions and committee hearings. The biggest issues of the week were four bills on the floor to put constitutional amendments on the November 2024 ballot for voter approval or rejection. Because it takes at least 100 votes out of the legislature to put an amendment on the ballot, we caucused our Republican House members to emphasize the need for unanimous support on these issues. When leadership asked us if anyone had a problem with supporting any of the amendments, not a hand was raised or question raised.

HB372 by Paul Fielder would guarantee Montanans right to hunt, fish and trap. Republican Representative Ken Walsh brought a surprise unfriendly amendment. The amendment was defeated. Six Republicans including Walsh, joined all the Democrats in voting no on this bill.

HB517 by Mike Hopkins, sought to enhance university students right to a fair grievance process when their rights are violated, without having to go through a costly legal challenge in district court. Numerous cases of grade retributions for not being politically correct were heard. Republicans Rusk and Walsh voted no with all of the Democrats.

HB551 by Casey Knudsen was called the enhanced conceal carry amendment. It would have simply clarified this constitutional right. Republicans Rusk, Fitzpatrick and Barker joined all of the Democrats voting no.

HB915 by Bill Mercer would change the way Supreme Court justices are chosen. Rather than expensive statewide races that brings an outpouring of money from trial lawyers and out of state groups to elect far left judges, 915 would have the Governor appoint and the Senate confirm. These Court races currently are the tool that the Democrats have been able to effectively use to elect partisan judges to the bench that will ultimately overturn great laws enacted by the legislature and Governor. One only has to read the rants of former Supreme Court Justice James Nelson to realize the fallacy of the argument that the current system ensures nonpartisans are elected. Having to run expensive statewide races is an impediment to many otherwise excellent attorneys from stepping forward. This time Republicans Sprunger, Green, Rusk and Barker joined all the Democrats voting no on this attempt to reform and improve the Court.

These bills all passed the House, only 517 by Hopkins gained enough support, if all 34 Republicans support it in the Senate to garner the necessary 100 to give the voters of Montana a chance to weigh in. I believe if amended and approved by the Senate Republicans, the other bills will come back to the House for a new vote. I’m not the only one hugely disappointed by the Republican House members lack of respect for the rest of the caucus, to not be honest when we met and say they wouldn’t be voting for these amendments.

I offered HB965 the same day. It would have asked the voters to amend the constitution so that the Legislature not the Supreme Court, had the oversight authority of the law profession. This would have opened up the process to the public for such things as who can sit to take the Bar exam, licensing, disciplinary actions and more. Right now the legal profession is the only self regulating profession and industry that I know of. The current situation personifies the old saying of “the fox guarding the henhouse”. Not surprisingly, 22 of the 100 delegates to the 1972 Montana Constitutional Convention, were lawyers. They enshrined in the new constitution their special protection. This bill failed 45-55.

We just finished on Friday, day 75 of a possible 90 working days. It’s looking like we may use most if not all of the 90. For perspective, last session we adjourned on Day 80. A couple of major changes are the Governor’s Red Tape Reduction initiative that has resulted in many pieces of legislation and taken up a lot of committees time. Also changing the landscape has been The three billion dollars of tax receipts in excess of the current biennium budgeted amount. Without going into more right now, I’ll just say, it’s going to be a busy next couple of weeks!

I am thankful for an able crew at home that has been busy getting ready to begin another farming season! From a moisture standpoint, things are much more encouraging than at this point last year.

As always, it’s an honor serving the good folks of HD37. Call, text, email, write with your thoughts, questions or ideas.

For Freedom, Representative Jerry Schillinger

406-974-2478, [email protected], P.O. 200400 Helena, 59601, or the legislative website leg.mt.gov