Latest news with #Zolnikov
Yahoo
01-05-2025
- Politics
- Yahoo
Montana Legislature gavels out 69th session
The Montana Senate is seen during the Wednesday, February 12, 2025 session. (Nathaniel Bailey for the Daily Montanan) The 69th Montana Legislature adjourned the 2025 session on Wednesday – the 85th day of the session – after finishing up work on a property tax relief package and a litany of speeches by outgoing lawmakers. The final day was relatively subdued, as both chambers took final votes and waited for the pomp and circumstance that accompanies sine die — the motion to adjourn — which included a chamber-wide rendition of 'God Bless America' on the Senate side led by Sen. Denley Loge, a St. Regis Republican. Legislators offered advice for those who will take the torch in the future, along with pleas for the current Montana Legislature continue, because it had come up short on the budget and property taxes, according to some frustrated Republicans. Sen. Butch Gillespie, R-Ethridge, said the diversity of views in the Senate is positive, and he encouraged the body to work together in the future. 'For sure, we don't accomplish much by constant turf wars,' Gillespie said. 'Think about that one a second.' However, when the motion to end was made in the upper chamber, the Senate voted it down not once, but twice, before eventually gaveling out — one final display of the tensions that defined the session in the upper chamber. Sen. Daniel Zolnikov, R-Billings, stood to oppose adjournment, calling the session, and the largest bills passed by the Legislature, failures. 'Five days early? We're going to quit because we're done? I don't think we've even showed up,' Zolnikov said. More conservative Republicans in the chamber were frustrated to see their majority split and felt cut out of the conversation around major legislative initiatives, including the budget which many decried as bloated. 'This is supposed to be a decentralized process. Fifty people from 50 different areas, each representing 20,000 people each, so everyone in this state has a voice, through us,' Zolnikov continued. 'And we gave that away.' The 2025 session saw 1,759 bills, resolutions and other measures introduced and debated by lawmakers — a record number. As of Wednesday afternoon, the Legislature had sent 484 to the desk of Gov. Greg Gianforte, with another 322 on their way. The laws would be celebrated, derided, and some will likely be fought in court in the future, and in the Senate, Sen. John Esp, R-Big Timber, offered a nod to the ups and downs. 'There are days in this building that you're going to want to cry,' Esp said. 'And there's days in this building that you'll be moved to laughter. Sometimes you get to do a little of each on the same day.' Among the major pieces of legislation that passed the Legislature was Medicaid expansion, the largest income tax cut in state history, historic investments in education, and a property tax relief package. There were also several bills that affect transgender individuals, characterized as erasing and harming them by opponents, including one that has already landed in court. Other lawmakers lauded the same legislation as protecting children and women. Legislators also passed a series of bills changing the Montana Environmental Policy Act in response to the Held v. Montana suit, a historic lawsuit concerning the effects of climate change. But one of the defining features of the 2025 session was a rift in the Republican Caucus in the Senate that appeared 85 days ago when nine moderate Republicans joined Democrats to change the rules of the Senate to give their coalition more power. For the rest of the session, the Senate was effectively run by a working majority coalition that pushed through priority bills for Democrats and the Governor's office, to the frustration of more conservative GOP members. Numerous times throughout the session, the Senate chamber erupted with accusations of betrayal between Republican camps and 'baked in' votes that routinely passed 27-23 along the coalition line. Another defining moment was the censure of a sitting Senator, former Senate President Jason Ellsworth, R-Hamilton, who was kicked out of the chamber halfway through the session. The punishment, described as 'everything but expulsion,' was a response to ethical violations Ellsworth committed by not disclosing a friendship he had when he signed a $170,100 state contract with a longtime business associate. Despite the roller coaster of events throughout the session, Senate President Matt Regier, R-Kalispell, said in a press conference following adjournment that he was still satisfied with the work his caucus accomplished. 'There are many reasons for Senate Republicans to hold their heads high,' Regier said. 'And we will look forward to continuing our efforts in the interim, and also in the next session.' The GOP senators touted many of their wins from the session, including delivering a large income tax cut, bolstering election integrity, and leading the nation with new data privacy legislation. 'We're not just protecting Montanas amid technological advancements, but also making sure that our state is open to cutting-edge innovations,' Senate Pro Tempore Ken Bogner, R-Miles City said. One area the Senate GOP said they fell short on was judicial reform — a key priority for the caucus at the start of the session. More than two dozen bills were introduced aimed at changing the judicial branch, but only a handful made it through the Legislature. Among those that failed were numerous attempts to make judicial elections partisan. 'What we do have is a great foundation for the reform. I think that judicial reform is critical, continuously,' said Senate Majority Leader Tom McGillvray, R-Billings, adding that efforts would continue in the next session. 'We're undaunted.' Despite a long list of bills he considered wins, Regier stood with less than two dozen members of his caucus and called out the missing members of his party. 'I do believe the voters sent the Republican Party here to be in control, and from day one, it was not, and I don't see that as sustainable. I think that in the future, the voters are going to speak their mind,' Regier said. '… I don't believe the people will stand up for another session where the Democrat minority leader and his caucus controls the Senate.' Senate Minority Leader Pat Flowers, D-Belgrade, said the session was one of the hardest he's been a part of, but also one of the most effective — with Democrats pushing through substantially more legislation than anticipated. In a joint press conference with House Minority Leader Rep. Katie Sullivan, D-Missoula, Flowers touted legislation protecting renters, and said every Democrat vote for Medicaid expansion was 'critical,' painting it as a major win for the party. 'We didn't just protect the program,' Flowers said. 'We secured it permanently.' Sullivan added that while the session wasn't perfect, Montanans came out in a better place than they were before the session. 'This session, Montana Democrats stood firm in defending our fundamental freedoms under the Montana constitution and our Montana way of life,' Sullivan said. 'When Republicans spent dozens and dozens of hours pushing bills to legislate every aspect of our lives, Democrats fought back.' The Democrat leaders also highlighted legislation addressing the state's affordable housing crisis that saw bipartisan support. 'It's not fixed,' Flowers said. 'But for the first time in a long time, we're moving in the right direction for practical solutions and real funding.' While bills pushed by the minority party could be at a higher risk of receiving a veto from the Republican governor, Flowers said he was confident many showcase shared priorities. 'I think, frankly, many of our bills are consistent with the values that he described in his State of the State address, where he focused on child care and education,' Flowers said. 'And I think he should appreciate what we're bringing to his desk.' Senate leaders on both sides of the aisle mentioned the possibility of the Legislature returning for a special session, most likely related to potential cuts from the federal government that could affect the state's budget. The Legislature's lower chamber was comparatively calm, a testament to the steady, if unassuming, leadership of House Speaker Brandon Ler, R-Savage. 'When I gave my welcome speech, I said, I hope this body would rise above, would keep everything civil and that we would treat each other with respect, and the Montana way of hard work, honesty and neighborliness would guide our deliberations,' Ler told his colleagues on the House floor. 'I believe we lived up to that.' While some hardline Republicans felt cut out of the legislative process — and in the House, Speaker Ler said his door was open — he said the reality is bills need majorities in the chambers to pass, and then support from the governor. Speaker Pro Tempore Katie Zolnikov, R-Billings, said it's a delicate balance to work on legislation that can, realistically, get across the finish line, and also ensure input. Property tax relief was one measure that passed with substantial bipartisan support in the House, but some legislators expressed their displeasure about it, including that it could land in court. Critics of the property tax reform said the content didn't match the title of the bill, which could be unconstitutional, but supporters dismissed the accusation. At least in the House, Majority Leader Steve Fitzpatrick said he would anticipate legal action following the session, given it hasn't been unusual for bills to be challenged. 'I would assume there will be a lawsuit, since it's lawsuit season now,' Fitzpatrick said. However, he said legislators worked hard on property taxes from the start, through the very end of the session, and the package that passed reflects the areas of agreement. 'It was difficult. I think the product we finally got is just a reflection of the realities that compromise around here requires,' Fitzpatrick said. The final hours on the House floor were joyous, and legislators animately said their goodbyes, took photos together and laughed as they cleared out their desks. They were slow to leave the chamber, and some representatives took in the moment. 'I'll carry this experience with me forever, every debate, every challenge and every late night and every handshake across the aisle,' Ler said shortly before the session ended. 'Thank you for trusting me. Thank you for believing in this institution. Thank you for meeting and for loving Montana enough to serve her.' In the Senate, a flurry of votes in the final minutes offered a final glimpse of division in the chamber. Twice, Flowers sought to reconsider one last bill — an increased fee on luxury vehicles registered in the state — which one Senator said he had voted against at least a half dozen times already. Substitute motions to adjourn failed, the motion to reconsider the bill failed twice, but eventually the chamber reached consensus before boiling over. Before leaving the chamber, 23 Republican senators — minus 'the nine' — gathered around the rostrum for a group photo. On the floor, the remaining lawmakers, a working majority, mingled, cleared their desks, and moved on.
Yahoo
29-04-2025
- Politics
- Yahoo
The death of the death of dueling damages
"The Duel," an illustration found in Major Jack Downing's Life of Andrew Jackson. Photograph, 1834. (Courtesy of the Library of Congress) Montanans are still liable for damages they cause during a duel, at least as far as the state's archaic legal code goes. Of course, the actual act of standing at 10 paces and killing someone, even if mutually consensual, remains a criminal offense. But the Montana Senate on Friday voted down a bill that sought to remove a statute requiring an individual to 'provide for the maintenance of the spouse and minor children' of their opponent, and pay all of their debts. House Bill 247, brought by Rep. Braxton Mitchell, R-Columbia Falls, was billed as a simple code cleanup bill requested by the lieutenant governor's office. In the first hearing on the legislation in January, Lt. Gov. Kristen Juras said that due to the illegality of killing another individual, the 1895 statute needed to be removed because 'it implies that dueling is legal. It is not.' The bill passed the House, 84-16. But the Senate had a different view, with several senators taking great pleasure in the idea of keeping hypothetical duels in Montana statute. 'Dueling is not specifically illegal in Montana. It's against public policy because it's against public policy to kill people,' Sen Andrea Olsen, D-Missoula, said on the Senate Floor. '…I do think if you're willing to kill somebody over an issue, you should be willing to die over it. And I even think it's a great thing if you're willing to compensate the family for the damages you've caused. That's what this statue is, it's the remedies for dueling.' Olsen said that the only reason given in committee for removing the statute was that it was considered 'code clutter.' 'This is at least code clutter that brings a smile to everybody's face. It actually hearkens back to the past in a way that is very interesting,' she had said during committee. Sen. Daniel Zolnikov, R-Billings, said the statute was one that gave him peace of mind. Laying out a scenario where in order to defend his honor, he challenged Sen. Greg Hertz, R-Polson, to a duel, Zolnikov said he would likely lose that fight. But, 'he's now responsible for making sure my child and spouse are taken care of. And I like that in law,' Zolnikov said. Hertz said it would 'be my honor,' to take care of the remaining Zolnikovs, if he won such a duel. Before the Senate voted down the bill, 16-34, Sen. John Fuller, R-Kalispell, reminded his colleagues that anybody challenged in a duel has the right to designate the weapons and conditions of the face-off. 'I suggest they do as Abraham Lincoln did,' Fuller said. 'Cow pies at 10 paces.'
Yahoo
14-04-2025
- Politics
- Yahoo
Montana moves to ban styrofoam containers in food industry
A bill to ban polystyrene foam takeout containers has passed the Montana Legislature. (Getty images) Senator Daniel Zolnikov brought one of life's biggest dilemmas to the Senate floor over the weekend: When you're microwaving leftovers, how do you determine the perfect amount of time needed to evenly heat your food? Specifically, how long should you heat up your takeout pork carnitas in its styrofoam container? 'Is it a minute? A minute-and-a-half? The ultimate, ultimate microwave dilemma' Zolnikov asked. 'Better to do it a little longer than have it still be cold in the middle.' However, that decision comes with increased risks 'But you microwaved it too long, and the styrofoam has had some small portions that now also melted.' Zolnikov carried House Bill 477 through the Senate, a bill that would ban the use of styrofoam containers in the food industry within five years. He, and other proponents of the legislation, urged lawmakers to consider the known health risks of polystyrene foam, as well as the environmental concerns of using a material that doesn't break down easily. But opponents in the Senate, and in prior House debates, decried the legislation as governmental overreach and asked for free-market solutions to handle the problem. HB 477, introduced by Rep. Marilyn Marler, D-Missoula, provides for a phase out of expanded polystyrene foam — commonly called styrofoam — containers used to serve or package food from restaurants and food establishment, including coffee cups, plates, trays, and other food and drink carriers. The law would affect roughly 7,500 establishments in Montana, according to the bill's fiscal note. The bill creates a three-step process for the phaseout beginning in 2028 with the use of styrofoam containers used to serve food consumed on site. The next year it expands to packaging prepared food, and in 2030 will apply to food packagers and include bakery items and other prepared food. The Department of Environmental Quality would be tasked with ensuring compliance with the rule and issuing fines. House lawmakers passed the bill 56-44 in March, and the Senate on Saturday passed the bill 26-24. In Zolnikov's microwave example, he asked lawmakers to contemplate a meal of pork carnitas, ordered as takeout from a favorite restaurant, a delicious dish that is hot, fatty and acidic. Those three conditions enhance the leaching of chemicals into food, increasing the amount ingested, and contributing to the growing number of microplastics found in all human bodies, including newborn babies. In addition, styrene and other chemicals found in food packaging have been linked to cancer, hormone disruption and other chronic health conditions. 'The thing is, consumers assume our food and food storage products are safe and healthy, and when we realize they aren't, we take action, or we're supposed to,' Zolnikov said. The bill applies only to styrofoam in the food service industry — not its use in transportation, construction or health and safety industries. It also exempts 'raw, uncooked meat, fish, or eggs,' where styrofoam is often used as an insulator to keep those items cold, lowering the risk of chemical leaching. Despite the health concerns — widely agreed on by lawmakers — several Senators opposed the bill for its overreach into people's lives. 'You should not be heating up food in your microwave in a styrofoam container, in a plastic container, on melamine plates, just about anything, except maybe glass. What you should be doing, if you're concerned about your health and your kids' health and your grandkids' health, heat it up in a frying pan. Not a frying pan with Teflon in it. A good old cast iron frying pan,' said Sen. Greg Hertz, R-Polson, adding that he felt such a law should be the role of the federal government. 'That's the problem with this bill. There are so many other products out there that are causing harm to our health … I don't like styrofoam either, but this isn't the answer.' Eleven other states have passed similar statewide laws, as have numerous local governments. Other opponents raised concerns that the bill might set a precedent to expand to other industries in the future, while proponents expounded on the environmental benefits. 'I've seen them floating in ponds or water. I've seen fish eating the particles that break up,' Sen. Shane Morigeau, D-Missoula said. '…You also will see birds picking up styrofoam, using it in nests and other places eating it as well. And so there's other things that styrofoam is actually impacting, not just on the food service side.' The bill was amended in a Senate committee to extend the phase-out timeframe from five to 10 years, but the Senate body changed the bill back to its original form on the floor. 'If all those arguments aren't enough to get everybody to vote yes on this, I've got a few more,' said Sen. Bruce 'Butch' Gillespie, R-Ethbridge, who brought the amendment on the floor. He said that businesses in Montana could manufacture biodegradable packaging using sustainable sources such as hemp. 'Let this be the beginnings of a whole new industry for Montana here.' HB 477 contains a process for a business to request a waiver if they can show undue hardship, such as finding no suitable alternatives for food packaging. A fiscal note for the bill also shows the state would fund a half-time employee to develop and oversee the exemption program. 'We have chemicals in our food, we have chemicals touching our food, we are being poisoned in more ways than we know,' Zolnikov said. 'This is an easy way to say if the feds aren't gonna do it, we're gonna do it. We're gonna phase it out.'
Yahoo
09-04-2025
- Business
- Yahoo
Two bills to preserve conservation funding in marijuana tax revenue advance
Tim Blakeley, manager of Sunset Junction medical marijuana dispensary, shows marijuana plant buds on May 11, 2010 in Los Angeles, California. The dispensary is one 25 plaintiffs in a lawsuit against the city of Los Angeles fighting to stay open after city prosecutors began notifying 439 medical marijuana dispensaries that they must shut down by June 7. (Photo by Kevork Djansezian | Getty Images) Lawmakers in each chamber of the Montana Legislature have advanced bills that shift marijuana tax revenue, but preserve conservation funding. A previous bill that would have stopped the flow of marijuana revenue to a group of Montana Fish, Wildlife and Parks programs, drawing opposition from many conservation groups, was tabled in a Senate committee on April 1. The two new bills each passed their respective house of origin with significantly more bipartisan support — Senate Bill 537 passed on Saturday 45-0, while House Bill 932 passed the same day 71-27. SB 537, introduced by Sen. Daniel Zolnikov, R-Billings, keeps the existing amount of funding for conservation initiatives in place but expands how the funds can be used. The bill also increases distributions to the Healing and Ending Addiction through Recovery and Treatment (HEART) account, and adds funding for the Department of Justice, including substantial investments in law enforcement. 'I would call this the Cops and Conservation Act,' Zolnikov said on the Senate floor on April 4. 'Because one thing we hear about from my side of the aisle is we need more law enforcement, there's more problems coming on, how do we help those guys. And I'll tell you what was awesome about this bill, working with the other side of the aisle, they were very supportive of this side of the aisle's priorities. Working with this side of the aisle, they seemed to be very comfortable clarifying the buckets on this side of the aisle's priorities and helping on the conservation side. And in the end, we're trying to fill gaps.' Zolnikov's bill emerged as a compromise piece of legislation following the pushback to Senate Bill 307, brought by Senate Majority Leader Tom McGillvray, R-Billings, which would have shifted marijuana revenue from conservation to law enforcement. McGillvray said his bill gave lawmakers a choice, whether they thought people, who may be harmed by the effects of marijuana, or trails and wildlife were more important issues to fund. By contrast, Zolnikov sought to eliminate the choice and instead give all stakeholders a little bit of what they wanted by allocating the roughly $33 million of tax revenue that currently goes into the state's general fund. Under the new structure, the current 4% revenue allocated each for state parks, trails and recreation and nongame wildlife remains as is. The 20% of funds currently earmarked for FWP's Habitat Montana fund instead goes to a new Habitat Legacy Account, which Zolnikov said broadens the use of the funds. According to the bill, 75% of funds in the account must be used solely to fund wildlife habitat projects, while the rest may be used for various conservation-related projects including noxious weed programs, grants for conservation districts, big game and wildlife highway crossings, and land and water acquisitions or easement purchases. 'It's all types of buckets in there that the conservation folks worked on and supported,' Zolnikov said. 'If you were in the hearing, it was the most fun group of people you could ever see all supporting it.' The HEART fund, which currently receives a set $6 million of marijuana revenue, would be boosted to a 20% allocation, which will allow the account to grow with tax revenue. The other additions, which target needs identified by McGillvray such as boosting law enforcement include: 2.5% for DOJ canine training, 1.5% for DOJ sexual assault exams and kits, 0.25% for the Board of Crime Control to fund crisis intervention training; 14% to the behavioral health system for future generations funds; 6.5% for drug and alcohol use prevention and 31% for DOJ law enforcement grants. Those grants would include distributing $50,000 to each police department, sheriff's office and tribal police department, plus proportional distributions based on department size. 'It's a pretty thorough bill. I'd say, working on it, I had to learn about a lot of problems that I think there's some gaps that we're not filling, and this really helped fills them in the future,' Zolnikov said. McGillvray told reporters on Tuesday that he felt many of the things in Zolnikov's bill, such as letting the HEART fund grow with tax revenue, were smart, but he still had some concerns about using the funds for conservation. 'The nexus between marijuana revenue and marijuana harms is just smart tax policy. And unfortunately, it all got started on the wrong foot, and it was a tough sell to get it back on the right foot,' he said. McGillvray added that removing revenue from the state's general fund for law enforcement is a 'big bite that could have a struggle' with the governor's office. On the House side, Rep. Ken Walsh, R-Twin Bridges, brought HB 932, which targets just the current 30% of conservation funding allocated to Habitat Montana. It functions in roughly the same way as SB 537, moving those funds to a new Habitat Legacy Account. Under HB 932, that account would funnel 75% into a separate Land and Wildlife Stewardship account that would be used solely for habitat conservation projects, while the remaining funds would be split between wildlife crossings, and the Wildlife Habitat Improvement Program (WHIP) account. WHIP funds can currently only be used for noxious weed treatment, but Walsh's bill would greatly expand their use. 'What this bill will do is expand that bucket for private land owners, and conservation groups and fish, wildlife and parks to work together,' Walsh said He listed off some possible applications — irrigation infrastructure, forest management, prescribed fire, fish passage, soil enhancement, and wetland protection. 'Maybe even wildlife crossings, so we don't hit as many elk and deer on the road,' he said. The bill drew some opposition for continuing to fund conservation-related programs. 'This bill is going to lock up marijuana revenue in wildlife management kinds of things. And I know that's important to this body. But we have been listening all session about what's going on in our correctional system — we don't have enough space, don't have enough space,' Rep. Fiona Nave, R-Columbus, said. 'That's drug driven. We need the marijuana funding … to be available for drug treatment and law enforcement.' But lawmakers overwhelmingly backed the bill under its expanded scope. 'This allocated available dollars to important Montana industries, agriculture and the outdoor economy. It's a good bill for these businesses,' said Rep. Ed Buttrey, R-Great Falls. HB 932 is awaiting a hearing before the Senate Fish and Game Committee while SB 537 will be heard in the House Taxation Committee later this month.
Yahoo
05-04-2025
- Business
- Yahoo
Beer and wine delivery soon to be legal in Montana as Governor signs HB 211
Illustration by Darrell Ehrlick of the Daily Montanan. Wine and beer will be available for delivery on Jan. 1, 2026 following the passage and signing of House Bill 211 on Thursday. The legislation, brought by Rep. Katie Zolnikov, R-Billings, creates a new third-party license which allows off-premises licensees the ability to utilize a delivery licensee and its drivers to deliver beer and table wine. During a Senate hearing on Feb. 18, Zolnikov said the bill was three years in the making. 'I'm pretty confident that we have thought of every situation imaginable for alcohol delivery,' Zolnikov said during the hearing. There are very specific stipulations for delivery in the bill and drivers will be asked to use, 'identification scanning software technology or an alternative approved by the department' to verify a recipient's age. Delivery drivers will have to go through a responsible server program, be at least 21 years of age and are not allowed to deliver to obviously intoxicated people. Drivers cannot deliver to campuses and cannot have a felony, unless they have had their driving rights restored. They also cannot have a DUI charge in the last seven years. Alcohol must be in a cargo area of the vehicle and out of the reach of the driver. There's even a stipulation for bicycle delivery. 'I don't know if there'll be many deliveries by bicycle,' Zolnikov said in the Senate hearing, 'But I like to know that all of our bases are covered, just in case. Maybe in Missoula.' The delivery industry celebrated the legislation. 'By signing this bill, Governor Gianforte is putting local business, delivery workers, and customers first,' said Anna Powell, a senior manager for DoorDash in a statement. 'We are pleased to see that beer and wine delivery will soon be available via Montana grocery stores, and we look forward to offering safe and responsible delivery throughout the state.' In statistics provided by DoorDash, the number of U.S. merchants selling alcohol on the app increased by 37% over the course of 2023. Drivers earned, on average, nearly 20% more on deliveries with alcohol compared with deliveries without, according to the company. 'Across America, we've seen that safe alcohol delivery opens opportunities for businesses and delivery drivers to thrive, and consumers to have more choices at their fingertips,' Powell said in a statement. 'This new law will make life easier for consumers and offer merchants and drivers a greater opportunity to thrive.'
