Commission discusses SB 442 support

At a working meeting Monday the Hill County Commission discussed how to go about voicing their support for the veto override of Senate Bill 442, deciding to put it on the next two business meeting agendas to which they invite members of the public and local legislators to share their thoughts.

SB 442, which was passed during the 2023 Montana Legislature but vetoed by Gov. Greg Gianforte, allocated tax revenues from marijuana sales to conservation, veterans and, of most interest to the Hill County Commission Monday, county road repairs.

The bill was overwhelmingly supported by both Democrats and Republicans during an otherwise very polarized 2023 legislative session, and the unexpected veto by Gianforte came just before the adjournment of the state Senate, leaving the majority of its members unaware of the veto prior to adjournment.

Because the bill was technically vetoed before adjournment, Gianforte’s office, as well as the Montana Secretary of State’s office argued that legislators had lost their chance at a veto despite few of them being aware of the veto before adjournment.

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.

This led to a year-long legal battle with stakeholders suing on the grounds that this move by Gianforte did not give the Legislature enough time to take an in-session vote, an argument that the courts eventually agreed with, ordering the state to perform a mail-poll of legislators or appeal the matter to a higher court.

Among the bill’s strongest supporters have been county governments, many of which, including Hill County, have been desperate for funds to fix their long ailing roads.

But the future of the bill remains uncertain despite its widespread support in the 2023 Legislature, with many who voted for the bill last year now objecting to the court’s ruling, and advocating against an override, often using misinformation while doing so.

For example, an opponent falsely claimed in an editorial that it violates the ballot initiative that created the tax by allowing it to go to counties that don’t collect the tax, which the 2020 ballot initiative did not prohibit. The initiative set a state tax and allowed local governments to implement a local option tax as well.

See related information on the Page A4 Opinion Page.

Monday, Hill County Commissioner Jake Strissel, one of the bill’s most ardent local supporters said he’s been talking to legislators and has yet to encounter any who are against it.

Hill County Commissioner Mark Peterson said he’s had much the same experience.

Strissel said the bill would be an incredible boon for Hill County with so much work to be done, as roads in the county continue to be in need of serious rehabilitation and repair, an evaluation Peterson agreed with.

“It was an amazing bill,” he said.

Hill County Commissioner Sheri Williams said the Montana Association of Counties recently sent county commission’s across the state a letter asking county commissioners to put the matter on their agendas and discuss it publicly so they know their stance on the bill.

Williams said she agrees wholeheartedly with Strissel and Peterson about the importance of the bill to Hill County and requested that the matter be put on next week’s business meeting agenda since she won’t be at this week’s meeting.

Peterson said the deadline for the vote is April 18, and he doesn’t want to leave the matter until April 11, as many legislators will have made their votes by then.

He asked if Williams would be willing to write down her thoughts on the bill so they can communicate that during this week’s meeting, but Williams said she may not have time and reiterated that she wants to be part of the discussion.

Strissel suggested they have the matter on both agendas, communicating their support for the bill this week and taking action on signing a letter of support next week.

Williams said they can also invite local legislators to discuss the matter at said meetings as well, along with members of the public.

During the meeting the commission also discussed reaching out to local health care providers regarding this year’s alcohol tax funds.

Every year the county receives money from the state, generated by Montana’s alcohol tax for local substance use treatment programs, and the commission makes a decision about where to allocate that money to.

On Monday Williams said new providers have opened in the community and she thinks the commission needs to give them a chance to come in and talk about their programs before they make any kind of decision.

Strissel said he thinks that is a good idea and regardless of the decision they decide to make, it would be good for the community to be generally aware of what providers are in the area, especially now.

He said the community is going to see an infusion of opioid abatement funds in the near future, so knowing about all the providers in the area will be good on that front as well.

Williams concurred and said there may be services they are completely unaware of as well, and reaching out may draw some of them as well.