You know that bumper sticker that reads “Speak your mind, even if your voice shakes”? Turns out that applies to nervousness as well as age.
I took the afternoon off of work to go to the State Administration Senate Committee to hear a few bills before the committee.
A few reports before I get to the meat of it. HB 351, Sponsor Sinrud, essentially saying that a Legislator cannot accept a state job while in office. I gained an appreciation for Senator Vicki Cocchiarella, who objected to the bill quite stridently, based on her own experience of being a Legislator, and who accepted a job with the state about a year and a half ago, and said something to the effect of such legislation being a personal insult to her service. Not to mention the fact that it would disallow a whole segment of the population from getting promoted while in a state job. Other members talked about working at the Universities from time to time, and pointed out that such work would be prohibited should 351 pass. I was impressed with the interest and engagement of the Senators with the tabling of this bill. (7 to 4 by my count, I might be off).
HB 316 called for the full title of a bill to be published on campaign material. The talk and testimony centered around the fact that everyone received negative mailers in campaigns, and that a full title would be prohibitive to inclusion in campaign materials. HB 316 was also tabled in committee, after Sinrud passed around a mailer he had received at his own home.
I admit that I wasn’t paying much attention to HB 619, also sponsored by Sinrud, which ended up also being tabled.
HB 520, dealing with a whole lot of election law, was also heard. Mostly there were editorial changes to the bill. The part I was interested in dealt with same day registration for voters. Apparently, the current language still allows for same day registration, but the day prior to the election, offices will shut down from noon to 5 pm to allow for printing of the registered voters. There is another bill being heard sometime this week that also deals with registration, and Laslovich is on that committee, and apparently I don’t know enough about bills or how they work to understand what happened, but HB ended up with a “Bill Concurred” status after today’s hearing.
HB 783 is the one I got up to speak about. It says it is to revise election laws, but the bottom line is it would make it a felony if you registered to vote, and weren’t eligible. Montana law already provides for a misdemeanor charge. I talked about the cost it would bring to the state, and the fact that someone who thinks they are a citizen, and registers and votes, would then be a felon. Laslovich asked about how many complaints had been brought at the current misdemeanor level, and it was reported that there were none (score one for Laslovich). Senator Larry Jent gave my favorite response in action, he said {paraphrasing} “we don’t even charge felons with a felony if they vote, I can’t allow this to pass”. Senator Jent called to table the bill, and it passed. HB 783 was tabled in committee.
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Now to the reason I took the afternoon off. HB 462 is the only remaining bill that deals with constituency accounts. On Friday, Montana Common Cause delivered a letter to each of the Senators, invoking Montana’s ethic’s laws, which basically said, if you have a constituency account, you should disclose it prior to voting on HB 462. Clean elections and government people!
Representative Sands got up and explained briefly all of the last minute amendments that were proposed to 462. Only the committee had the amendments in their hands, so excuse me if I misrepresent or miss one. The first amendment would allow for constituency accounts out of left over campaign funds only (Williams SB 91); the second amendment would allow for left over campaign funds and one time contributions to the accounts of less than $50, thereby circumventing Montana’s gift ban; the third amendment, as I understand it, would allow contributions up to contribution limits allowed to campaign accounts.
League of Women Voters got up and said they support 461 with a big IF. One, no new contributions while in office; and Two, not allowing two accounts (campaign and constituency) while in office.
Then Montana Common Cause ( in the interests of disclosure, I am a board member of MT Common Cause), had Jon Motl get up and talk. Jon pointed out that while he is an attorney, he was not getting paid for this testimony, and was at the hearing on a volunteer basis. He mentioned four options. One, don’t do anything, table 462 in committee; Two, pass 462 with language only allowing for surplus campaign funds to be deposited into accounts; Three, allow surplus campaign funds and deposits of under $50 from contributors into accounts; and Four, accounts with the same limits provided for campaign accounts. Jon said any of the four, except for the fourth one would comply with current Montana law.
The Commissioner of Political Practices also got up in the informational portion, and brought a list of possible problems with 462 as written, he had not seen nor had access to the amendments, but understood that the proposed amendments dealt with a lot of the problems he had written. in a funny quote the Commissioner also mentioned the ethics disclosure law, saying “the cat is out of the bag”.
Senator Balyeat had a lot of questions about the whole $50 gift ban issue. He couldn’t comprehend where the $50 limit came from. 2-2-102 MCA.
In action, there was a lot of confusion, understandable given the number of possible amendments, and the need to get back to the floor. Senator Cocchiarella proposed a vote on amendment 2 suggested by Representative Sands, allowing for surplus campaign funds and one time contributions under 50$, while Balyeat initially said he would support amendment 2, he voted against it. They then voted to pass amendment 3, allowing for new contributions.
Confusion arose over not getting to vote for no new contributions, option 1. By voting on amendment 3 first, amendment 1 was no longer on the table. Everything happened so quickly, I couldn’t tabulate the votes quickly enough. The results will be out later.
So the bottom line is 462, passed :Bill Concurred as Amended.
Just don’t think I will be in any way surprised when the Constitutionality of HB 462 is challenged, and when the Senate votes on it, take careful note of who complied with the ethic’s laws by disclosing their own accounts and interest in it’s passage.
Montana Common Cause has actually gone to bat for the necessity of constituency accounts, and advocated for clean accounts. HB 462, as it currently stands are not clean accounts, and create unfair advantages for people currently in office*.
I will update with who voted what way in the morning, when I know for sure.
(*I still have not seen the amendments, so I am going on what I heard today)