I am not a conservative. But I don't think I would call myself a liberal either. I believe I am an “independent”, and try to look at things with an open mind. Right now, I'm very happy NOT to be a member of the Tea Party. Differing opinions are always welcome, and there is always more than one way to reach the same goal. There is no “right way” or “wrong way” to balance budgets – both in Montana and Washington, and I'm willing to listen to all opinions. Too bad many legislators are not.
After moving to Montana, I wanted to forget about politics. I'm in the “Big Sky” country, and I only wanted to think about the mountains, wildlife, waterfalls – you get the idea.
In November, Montanan's voted in a lot of conservative, Tea Party members who assured us they would balance the Montana budget and bring fiscal responsibility to the state. Then I started reading the newspapers and saw some of the bills these “conservatives” were introducing. I believe that Governor Schweitzer (and he is a Democrat) said a lot of these bills were just plain “kooky” and many probably unconstitutional – and I agree.
The Montana Constitution dictates that the legislature meet in regular session for no longer than 90 days in each odd-numbered year. We have 100 members of the House, and 50 members of the senate. The primary work of the legislature is to pass a balanced biennial budget which must then be approved by the Governor. Which is why I kept wondering why I was hearing about all of these bills that have NOTHING to do with the budget.
I've been reading and collecting some of the more interesting bills – and now I've got a headache. I'm an intelligent person, and some of these bills are hard to understand. Please – give me the “cliff notes” version. Many serious bills and issues are being tackled, but a lot of time has apparently been taken up with the “less serious”.
So here they are – the “top 10” of Montana Legislative Bills (and I'm sure there are more, but I couldn't stand to read any more of them):
SB 112: An Act providing that a hand thrown spear must be considered a lawful means of hunting (Greg Hinkle (R) from Thompson Falls, MT) Status: Probably Dead.
In the words of the Flathead Beacon, “And so Montana continues to have no way to manage its wooly mammoth population.”
HB 47: “Each year on Father's Day Weekend, a person may fish for any fish within this state without obtaining a fishing license…...” (Ken Peterson (R) from Billings, MT) Status: In Conference (not sure what that means)
Why not Mothers Day Weekend? Are we discriminating against females who like to fish?
SB 216: Designate the Code of the West as the official code of the State of Montana (derived from the book Cowboy Ethics by James P. Owen (Jim Peterson (R) from Buffalo, MT) Status: Tabled in Committee.
It is a great code....but really. Weren't these new Republicans elected to focus on serious problems – not Cowboy Codes?
HB 174: “An act repealing a state limitation on the use of sound reduction devices, referred to as a “suppressor” – in other words, the ability to use a “suppressor” for hunting (Krayton Kerns (R) from Laurel, MT) Status: Tabled in Committee.
Let's use silencers to kill elk. Supporters say the measure will protect hunter's hearing – REALLY? Don't they have ear plugs for that? Or if you care about your hearing, hunt with a bow and arrow (too bad you can't use spears!). This bill would also make it more difficult for land owners to hear poachers – or for the elk to hear the shot and flee.
HB 176: An Act providing that a person with a life-threatening illness may receive a one-time antelope license. A life-threatening illness means a progressive, degenerative, or malignant disease or condition that results in a significant threat, likelihood or certainty that the person's life expectancy will not extend for more than 1 year from the date of the request for the license....” (Doug Kary (R) from Billings, MT) Status: Became Law
Is this like “Make a Wish” for adults? Really – your dying wish is to kill an antelope?
SB 230: An act prohibiting the use of external felt-soled boots or waders in the waters of the state (Tom Facey (D) from Missoula, MT – see, I didn't just pick on Republicans).
I could be off base here – I have fly fished several times in Montana and Wyoming. But I'm certainly not a knowledgeable or avid “fisher-woman”. So I don't know if there is an important reason to prohibit the use of external felt-soled boots or waders. Maybe there is – but considering the much more important issues facing the state, businesses, and individuals, it seems as though this is fairly frivolous.
HB 321: An Act nullifying and voiding the federal Endangered Species Act in the state of Montana. Whereas the power that the federal government has assumed by enacting the federal Endangered Species Act ….. makes a mockery of James Madison's assurance in Federalist Papers No. 45.....Whereas, agents of the federal government have flouted the United States Constitution and forsworn their oath to support the United States Constitution by enforcing the federal Endangered Species Act and these actions violate the limits of authority....and are dangerous to the liberties of the people of this state..... (Krayton Kerns – we've already met Krayton) Status: Probably Dead
It is truly amazing to read something like this. RSo the employees of the US Fish and Wildlife Service (who enforce the Endangered Species Act) have flouted and forsworn the US Constitution. This would mean that they have treated the Constitution with “contempt and scorn” (that would be flout), and renounced it under oath (that would be forsworn). All because they enforce the Endangered Species Act (ESA), which was passed lawfully by the Congress of the United States (commissioned and signed into law by Richard Nixon – a Republican). I really doubt they have spit upon the Constitution by upholding a valid law.
The ESA has provided life for many animals – among them the Bald Eagle, our national bird. Without the ESA, the Eagle might be extinct. But let's get to the REAL reason for this legislation. THE GRAY WOLF. It's not that Montanan's are against saving the Bald Eagle, the Grizzly, or the Whooping Crane. Just the gray wolf. I've never seen an animal bring out such hatred and anger as the wolf does among some Montanans. There are some number over 500 in Montana, and you would think there were ten's of thousands and they were dragging children from their bed's and eating them. Instead they do kill some livestock, but a small percentage to the other causes of death. And yes, they kill elk to live – they are predators. So rancher's don't like the wolf, and the people in the hunting industry don't like they either. There are 350,000 elk in 3 states, vs. about 1600 wolves. It isn't really the fact that wolves kill elks, but more because the people who make money off hunting want hunters to pay big bucks to kill those same elk, and they think the wolves are depleting the elk herds.
HB537: Reinstate Outfitter-sponsored Hunting Licenses (Bill Harris (R) of Mosby, MT) Status: Probably Dead
Outfitter-sponsored Hunting Licenses were voted out by the residents of Montana in November – and now Bill Harris is trying to repeal the will of the citizens of Montana. Thank goodness the bill is dead.....if the people of Montana have voted and passed or rejected a bill, I don't think it is up to the legislature to overrule “the people”. Learn to live with it.
HB 513: An Act allowing the State of Montana and political subdivisions to conduct various financial transactions in gold, gold and silver coins, electronic gold currency; transactions between the states and other persons involving certain taxes, fees, and charges on cigarettes and tobacco products be conducted in electronic gold currency. The absence of “gold and silver coin” infringes on, and interferes with the sovereignty and independence of the state of Montana (oops....it's that independent Montana again). It exposes this state to potentially serious crises that may arise from the economic and political instability of the present domestic and international coinage and currency....Yada, yada, yada! (Bob Wagner (R) from Harrison, MT) Status: Probably Dead
Bob Wagner says his plan to link state coffers to gold would spur rethinking of currency. Bob wants Montana to trade with some taxpayers and contractors in units of gold or silver (and apparently he doesn't like people who smoke or use tobacco products, since they have to pay with gold). Opponents argue the proposal does nothing but force the state to convert dollars to gold when they make some payments, and vice versa upon receipt of gold. Maybe we should all go to Virginia City, MT (famous for gold mining), and start digging up some new gold. Imagine what would happen as the value of gold goes up and down.
HJ 14: Resolution asserting state sovereignty: The constitution of the State of Montana declares and secures that the people of this state have the sole and exclusive right to govern themselves as a free, sovereign, and independent state and that that right may never be delegated to the United States. And that all powers not expressly delegated to the federal government in the United States Constitution must be reserved to and exercised by individual states.....That when the general government assumes undelegated powers, it acts in excess of it's authority. (Mike More (R) from Gallatin Gateway, MT) Status: Second house committee – Tabled
I believe I heard about this bill as “wasting” a lot of time debating something that would not be constitutional – when the house could/should have been putting together a budget. I don't know – maybe Montana has succeeded from the Union. I believe the southern states drafted something like this during the Civil War. In other words......”you're not the boss of me!!”
And a Bonus Bill:
HB 167: An act creating criminal offense involving death to an unborn child. (Keith Reiger (R) from Kalispell, MT + a lot of other Republicans) Status: Returned to First House with Second House Amendments.
This bill is here, not because it is frivolous, wacky, or kooky. First, since the Supreme Court has given women the right to make decisions about their own bodies, and has ruled abortions legal, it is doubtful this bill would get anywhere.
Rep. Keith Reiger from Kalispell made the closing remarks for this bill. In this closing he made a comparison between the value of a pregnant cow and the value of a pregnant women. This bill is listed here because in 2011, it is amazing to me that a man can be this insensitive. I'm sure he thought it was a great analogy, as Montana is a cattle state full of cattle ranchers. But the insensitivity of seeing nothing wrong with his comments is amazing. Including the fact that he would make no apologies even thought he offended many people – or that the Republican party seemed to also find nothing wrong.
So let me put it to you. Here are his comments:
“Rancher's refer to cows as either preg tested or open. A preg tested cow is a cow that has been tested by a veterinarian and confirmed to be pregnant. Open cows are not pregnant. Preg tested cows bring a higher price than open cows. Why? Because the calf the cow is carrying has a value even though it isn't complete yet. If unfinished buildings and unborn calves have value in Montana, shouldn't unborn children have a value?” Now you can see the point he is trying to make – but he might as well have said that women should be “barefoot and pregnant” to have any value. It's amazing that in this day and age, someone would equate a woman to property.
One topic that I've read much about were the DUI laws in Montana. There has been a push to toughen the DUI laws. But Rep. Alan Hale (R) from Basin, MT (a town of a few hundred people near the mountains of the Continental Divide) said “DUI bills are destroying small businesses.” Mr. Hale is a bar owner. He is implying that people need to drive home after drinking. According to Rep. Hale, tough DUI laws “are destroying a way of life that has been in Montana for years and years (which doesn't necessarily mean it's a good way of life).
From an article in the Daily Inter Lake, “Until recently, Montana had one of the most permissive drunk driving cultures in the country. Montanan's could legally sip a beer while driving, and repeat DUI offenders tallied 6th and 7th offenses with little punishment. Montana has for years been at or near the top of per-capita drunken-driving deaths.”
Another quote from the Daily Inter Lake: “Using Mr. Hale's sensitivities, we should eliminate laws for murder and mayhem because they're bad for hospital and funeral businesses.” Amen!
So.....in closing, I must say that many of the same people who sponsored the “top 10” wacky legislative bills also sponsored bills that certainly sounded more reasonable and good for the state. But like the federal government, they are still arguing over the budget. And our governor (who is a Democrat) has left no doubt about his feelings on the Republican spending proposals: “unacceptable, unconstitutional, absurd, and ridiculous”. (Do you think he's going to veto it?) FOR ONCE......I would appeal to our elected politicians to stop playing politics, and try to come to a consensus (for those legislators who don't seem to know that word, it means that we don't all agree with everything, but we can all live with it) that will be for the good of Montana.
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