Commission talks SB 442 with local legislators

Members of the Hill County Commission discussed their continued support for the override of Senate Bill 442 veto at their weekly business meeting Thursday, where local legislators also voiced their own support.

Senate Bill 442 allocates tax revenue generated from the sale of recreational marijuana to conservation, veteran care and county roads, and was passed in the 2023 Legislature with overwhelming bipartisan support.

The bill was vetoed by Gov. Greg Gianforte just before the Senate adjourned, leaving most senators unaware of his action, but because it technically happened while the session was still going, the governor’s office and the Montana Secretary of State’s office argued that the Legislature was not entitled to a mail poll to possibly override the veto.

A year-long legal battle ensued with Montana courts siding with the bill’s supporters, and ordering the Secretary of State’s office to initiate a mail poll or appeal the decision to a higher court.

The office opted for the former, but not without criticizing the court’s decision in a highly unusual letter to legislators.

Hill County Commissioner Jake Strissel thanked Havre Rep. Paul Tuss, an incumbent Democrat running for reelection this year, for being there and for voicing his support for the bill.

Tuss’ opponent, former Havre Representative Ed Hill, a Republican Tuss defeated in the last election, was also at the meeting, but didn’t say anything about the bill.

Tuss said the bill, which counties desperately need to help pay for much needed repairs to rural and city streets, was voted for by 130 of the state’s 150 legislators, even amid a chaotic and highly partisan session.

He said the bill won’t fix everything, but it’s a good start and he’s disappointed not just in Gianforte’s veto and efforts to prevent a possible override, which Tuss said is their constitutional responsibility, but also in Gianforte’s recent efforts to pressure legislators to withdraw support for the bill in the wake of the courts’ decision.

Tuss said this is a concern that has also been expressed by Malta Sen. Mike Lang, a Republican who sponsored the bill and who has criticized Republican Senate Leadership for seemingly caving to pressure from the governor.

“The administration is working overtime to attempt to get legislators to switch their vote on this,” Tuss said. “I certainly hope that doesn’t happen.”

This criticism was echoed in a letter sent to the commission by Chester Sen. Russ Tempel, another Republican who has been a consistent supporter of the bill.

In his letter he apologized for not being able to be at the meeting in person to express his support for the bill, which he said hasn’t changed.

“Sen. Lang did a great job on a great bill,” his letter said. “... It’s very disappointing this bill has been played politics with and is a sacrificial lamb. Senate leadership dropped the ball and bought in with the governor on this issue.”

Hill County Commissioner Mark Peterson said he thinks many legislators are playing a political game, one that may keep them in the good graces of Gianforte, but will not keep them in the graces of their voters.

“That’s they’re prerogative,” Peterson said. “But in the end, those individuals that don’t continue to support what they supported in the beginning are going to have to deal with their constituents.”

Peterson said the need in Hill County, especially the Lost Creek area is very real, with many roads in that region, as well as the county in general, suffering from a lack of upkeep, a problem that has compounded over decades.

In the late 1970s, he said, the county road department had $1 million in reserve but since then the county has not made any major asks from taxpayers to help the department, and after 50 years they find themselves unable to keep up with the hundreds of miles of road they need to maintain.

“We attempted to be frugal, and that was probably a mistake,” he said.

He said this situation reflects a larger failure of his generation and those who came after to properly care for infrastructure that has been largely taken for granted and now requires a substantial effort to restore.

Petersons said there will be a request on this year’s ballot for an increase in taxes for the road department specifically, to double their mills, and hopefully help address the problem.

Fellow Commissioner Jake Strissel said that Hill County is in the top five counties in the state for miles of county road and keeping up with all of them is a monumental task.

“We definitely need some help with that,” he said.

Hill County Commissioner Sheri Williams was not at Thursday’s meeting, but has voiced her support for the bill before.

Tuss said the formula used to calculate how much Hill County will get from the bill is 40 percent determined by their miles of rural roads, excluding the state highway system, 40 percent by their rural population and 20 percent by their overall land, so they stand to do very well if the bill finally goes into law.

Tuss said he wants to thank the commission and the Montana Association of Counties for their continued support for the bill and asked them to keep the pressure up, not just on this bill but in the coming legislative session.

He said he suspects the state will have a similar surplus as last session and there is a lot of work to do on the state’s roads as well as other infrastructure and it can’t be ignored again.

During the meeting the commission also read a letter from Great Northern Fair Board member Alicia DeRosa, who said she would not seek another term on the board under the current Hill County Commission, specifically criticizing the conduct of commissioner Sheri Williams.

The letter, which Peterson read at the meeting, cited a number of reasons that she would not seek reappointment, including obligations outside the board that require more attention from her.

The letter also said her decision has nothing to do with her colleagues on the board, who she said are great to work with and clearly have the best interests of the community and fairgrounds at heart.

However, the letter says, the way the board was spoken to and treated by Hill County Commissioner Sheri Williams has been unprofessional.

“I felt like I was in the principal’s office being talked down to without being heard, instead of being in a professional establishment with adults trying to come to an agreement and understanding,” the letter said.

The letter says she was constantly interrupted by Williams whenever she tried to speak and the contents of these interruptions indicated that what she did manage to say was completely ignored.

“I have decided that I do not wish to serve on any board with the current commissioner,” she said.

Fair board member Bob Kaul was at Thursday’s meeting but said he did not want to comment on the letter, saying that DeRosa’s decision is her prerogative.

This morning Williams said she doesn't understand why this issue wasn’t brought up by DeRosa earlier if she felt this way.

She also said that the reading of this letter in an open meeting is highly unusual.

Strissel said DeRosa’s letter was sad to read, as she was a dedicated board member with a positive attitude and good ideas and he’s thankful for her service.

“She will be dearly missed,” he said.

Peterson had not responded to a request for comment by print deadline this morning.