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State Rep. Jacob Bachmeier, D-Havre, was joined in Helena Tuesday by former state Sen. Greg Jergeson, D-Chinook, during the weekly state legislative videoconference with constituents in a Northern Montana Hospital conference room.
Jergeson, who served in the Montana Senate from 1975-1982 and 1987-2002 and eight years on the Public Service Commission, including as chair, said he was in Helena for his hearing before the Senate Transportation and Highway Committee for his nomination to the Montana Transportation Commission.
Gov. Steve Bullock nominated Jergeson and two others to serve four-year terms on the committee, positions that require confirmation by the Senate committee and the full Senate.
Jergeson said, based on conversations he has had with senators from both parties he does not see any problems with his confirmation. He and the other nominees for the three open positions on the Commission came to Helena at the request of Committee Chair Gordy Vance, R-Belgrade. Jergeson said Vance told him that six of the 10 members are new to the committee and that hearing from Jerguson and other members would be an educational experience for them.
Budget
Bachmeier said he will vote against the proposed $10.3 billion 2018-2019 biennium budget, also known as House Bill 2, if changes are not made.
He said later in a conversation via Facebook Messenger that the budget has too little money for education and Health and Human Services.
John Kelleher, who was at the meeting, asked if the House would add any money for higher education.
Last week, Bachmeier said the Senate put additional money in the revised budget for K-12 and higher education, but the state university system still faces a shortfall of about $11 million of its budget request.
He said Tuesday that he does not think the House will restore more funding.
"I wouldn't expect them to put much more in there," he said.
Bachmeier said from what he has heard, House Republicans are expected to pass the revised budget as is. If they do, it will avoid the need to go to a conference committee where members in both chambers and parties would have to come up with a compromise.
Bachmeier added that he thinks the budget will come to the floor after infrastructure proposals are taken up.
Lawmakers have spent much of the session figuring out how to craft a budget that will leave at least $200 million in the state ending fund balance, after the state received less than expected oil and gas revenue last year.
Gov. Steve Bullock requested in his proposed budget this year leaving $300 million in the ending fund balance to cover unexpected expenses and declines in projected revenues, as he did in the previous two legislative sessions. A drop in revenue ended up shrinking the ending fund balance set in 2015 by nearly $200 million.
Republican legislators wanted to build up the ending fund balance through cuts to the state budget, while Democrats led by Bullock wanted to do so through a mix of tax increases and smaller cuts.
Bachmeier said he wishes there was much more money to put into higher ed and K-12.
"I believe that education should be one of our top priorities," he said.
Hill County Commissioner Diane McLean said, based on property tax returns, between 60 to 70 cents on every dollar already goes toward education.
"The rest of the county would like to see that a little more equitable, to manage some of the other issues in our county," she said.
Bachmeier said that when education funding is cut in the state budget, counties and local property owners must pick up a larger share.
"If we as a state are not putting up our fair share, our local taxes are going to go up," he said.
Amendatory veto
Bachmeier said he is glad Bullock issued an amendatory veto to a bill to allow the May 25 special congressional election to be held by all-mail ballot.
"I think this is a common sense nonpartisan issue, that shouldn't be partisan," Bachmeier said, "I think that we all need to just rally behind it and get it done."
Montana law allows the governor to issue an amendatory veto, or recommend changes to a bill that, if upheld by the Legislature, would become law.
The bill to allow mail ballots in the special election, Senate Bill 305, introduced by state Sen. Steve Kirkpatrick, R-Great Falls, passed the Senate 37-13 Feb. 24. North-central Montana Sens. Russ Tempel, R-Chester, Frank Smith, D-Poplar, and Mike Lang, R-Chester, voted for it.
The bill was tabled in the House Judiciary Committee. Democrats tried to blast it out of committee and onto the floor but the blast was defeated 51-49. Reps. Bachmeier and Jonathan Windy Boy, D-Box Elder, voted for the motion while Casey Knudsen, R-Malta, and Jim O'Hara, R-Fort Benton, voted against it. The motion needed a three-fifths supermajority.
County clerk and recorders throughout the state have advocated for a mail ballot because it would save counties money on an election they have not been able to budget for.
Republicans have been divided on the bill, with some supporting it, some saying they are worried about election fraud, others that it would increase turnout of Democratic-leaning voter groups that would put Republicans at a disadvantage.
Havreite John Kelleher asked what the deadline was for the Legislature to vote on whether to uphold the changes.
Bachmeier said he does not think there is a deadline other than by the end of the session. The decision as to when the bill would come to the floor is up to the speaker, he said.
Jergeson said that, as a practical matter, county clerk and recorders need time to prepare to conduct election by mail, so Montana House Speaker Austin Knudson, R-Culbertson, might be trying "to run out the clock on the bill by delaying when it will be brought to the floor.
Bachmeier said he would encourage people to write the speaker.
"I would recommend that you write him and tell him that we need to start taking action but clerks and recorders are up in the air about what is going to happen," he said.
Tobacco tax
Legislation introduced by Sen. Mary Caffero, D-Helena, that would have upped the tax on a pack of cigarettes from $1.70 to $3.20 was defeated in the House 28-22 Tuesday.
Bachmeier and Windy Boy voted for the bill, while O'Hara and Casey Knudsen voted against it.
The bill would, which also have increased the tax on smokeless tobacco and imposed taxes on vaping product and e-cigarettes, would have generated $70 million, some of which would have been used to raise the pay of nurses and long-term staff caring for state patients. Remaining funds would go to the state general fund and a long-range building program.
The Montana Legislative website says the Senate voted 27-22 in March for the increase, with Sens. Tempel, Lang and Smith voting for it.
In the House, the taxation committee gave the bill an adverse report. In a vote to not adopt the report and bring the bill to the floor, which lost 42-58, Bachmeier and Windy Boy voted for the legislation, while O'Hara and Casey Knudsen voted against it.
Campaign contribution limits
A bill to increase how much money candidates in Montana and political action committees can raise passed the senate overwhelmingly and will likely pass the House though by a more narrow margin Bachmeier said.
Senate Bill 368 introduced by state Sen. Tom Richmond, R-Billings, passed the senate 48-2 with Smith one of the votes against it. The bill passed the House Judiciary Committee 10-9 with the support of Casey Knudsen, who sits on the committee.
The proposed legislation would increase the amount of money candidates running for office in Montana and campaign committees can raise.
Bachmeier said the increase in limits would be much greater for political committees. He added that he will vote against the bill.
"My opinion is there is already too much money in politics," he said.
Montana has some of the strongest limits on campaign laws in the country and lawmakers should fight to protect them, Bachmeier added.
Expungement of records
A bill passed the House that will allow individuals to have a past misdemeanor expunged from their criminal record has passed the House and is now awaiting the governor's signature, Bachmeier said.
House Bill 168, introduced by state Rep. Zach Brown, D-Bozeman, passed April 1 with bipartisan support in the House, 86-12. Reps. Bachmeier, Casey Knudsen, O'Hara and Windy Boy all voted for the bill on third reading.
It passed the Senate as amended in a unanimous vote.
The bill says a person can seek to have a misdemeanor expunged five years after meeting the terms of their original sentence and if they have no other charges on their record.
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