Local legislators, officials react to SB 442 ruling

Local legislators and officials seem to be welcoming the recent decision by a Lewis and Clark County district court judge to deny a request from Gov. Greg Gianforte to stay enforcement of a prior order directing him to allow lawmakers the chance to override his veto of a 2023 marijuana tax revenue bill.

In a meeting of the Hill County Commission Thursday, Hill County Commissioner Jake Strissel, who’s been one of the bill’s biggest local advocates, said he’s been trying to make sure as many local legislators as possible are ready to potentially override the veto.

“That’s good news there,” he said of the Tuesday ruling. “Hopefully we’ll get some money for our road department. I’m excited.”

The bill, which allocated tax revenues from marijuana sales to conservation, veterans and county infrastructure programs, was overwhelmingly supported by both Democrats and Republicans during an otherwise very polarized 2023 legislative session, but was unexpectedly vetoed by Gianforte.

In addition to the veto being unexpected, it was done in a way that many legislators, including members of Gianforte’s own party, said seemed like a deliberate effort to sidestep the chance of his veto being overridden.

When a bill is vetoed after the Legislature closes, legislators are given a chance to override the veto via a mail poll, but Gianforte vetoed the bill on the final day of the session just before the Senate adjourned sine die.

As the Senate adjourned after the veto took place, with many senators saying the weren’t aware of the veto before adjourning, legislators weren’t able to override it, and stakeholders sued on the grounds that this move by Gianforte did not give the Legislature enough time to take an in-session vote.

Gianforte has argued that, because the Legislature still was in session when he issued the veto, an out-of-session veto poll cannot take place.

Plaintiffs said that the Montana Constitution doesn’t consider an instance like this, and asked the court to compel Gianforte to initiate the process to allow the Legislature to potentially override the veto.

Judge Mike Menahan’s refusal to stay enforcement of the order to initiate a mail poll is not a guarantee that lawmakers will be able to override the veto of SB 442, but the overwhelming support from the breadth of the political spectrum suggests it is likely, provided the matter isn’t appealed to the Montana Supreme Court.

Gianforte can appeal the case to the Montana Supreme Court between now and Mar. 19.

Since the ruling, local legislators and officials have reacted positively to the news, with many hoping for the chance to override the veto.

Havre Rep. Paul Tuss said the decision is consistent with Montana law, which requires that the Legislature be given a fair chance to weigh in on vetos.

“It seemed equally clear that the Executive Branch disagreed and was doing everything it could to keep the veto of SB 442 out of the hands of the Legislature — a co-equal branch of government that voted overwhelmingly in favor of SB 442,” Tuss said in a statement Thursday.

He said he continues to support the bill, which will be great for the state and the Havre area.

“This legislation had strong bipartisan support and, once implemented, will have tremendously positive impacts on infrastructure for rural communities and habitat conservation and access to public lands for all Montanans,” he said.

Sen. Russ Tempel, R-Chester, said this court battle shouldn’t have been necessary, as the bill garnered overwhelming support, and the Legislature should have been given the chance to make that support clear with a proper override process.

“I sat in on the House committee meeting on this bill, and in four sessions I have not seen a bill with so much support from both sides of the aisle,” Tempel said. “Senator (Mike) Lang did a great job with a good bill that will do a lot for counties and the State of Montana.”

Sen. Mike Lang, R-Malta., who sponsored the bill and was extremely critical of the veto had not responded to a request for comment by print deadline this morning.

Rep. Casey Knudsen, R-Malta., said he’s glad the Legislature will be following proper procedure.

“The way I look at it, agree or disagree with the bill, I believe it’s a good thing for the legislative process to run its proper course,” Knudesn said Thursday.

State Sen. Mike Fox, D-Hays, and state representatives Josh Kassmier, R-Fort Benton, and Jonathan Windy Boy, D-Box Elder, had not responded to a request for comment by print deadline this morning.