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Listen to Llew – public trust funds make good sense • Daily Montanan

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Listen to Llew – public trust funds make good sense • Daily Montanan


A widely published column by Rep. Llew Jones, who will chair the House Appropriations Committee in the coming legislative session, deserves serious attention by Montanans and our legislators. Why? Because Jones, R-Conrad, is breaking with 50 years worth of Republican opposition to establishing trust funds for state government. He says they make good sense for the state, the taxpayers, and the future — and he’s right.

The history of trust funds in Montana is long, starting with the 1972 Constitution’s establishment of both the Permanent Coal Tax Trust Fund and the Resource Indemnity Trust as well as the Public School Fund. In 2005 citizens voted to add the Noxious Weed Management Trust Fund to the Constitution.

These funds are protected so they cannot be ripped off by any given legislature to balance the budget in a fiscally tight year. It requires a three-fourths vote of both chambers of the legislature to bust the Coal Tax Trust, while the Resource Indemnity Trust “shall forever remain inviolate in an amount of $100,000,000.” Likewise the Public School fund “shall forever remain inviolate.”

The revenue for these trusts come from a variety of sources. The Constitution mandates “at least 50%” of the coal severance tax is dedicated to the Coal Trust. The Resource Indemnity Fund comes from “taxes on the extraction of natural resources.” The School Fund comes from revenue derived from school trust lands.

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These trusts make sense because the funds are invested and earn interest that can be spent on the various purposes for which they were established — revenue that, as Jones pointed out, is from earned interest and has accomplished enormous, long-term good for our state and citizens.

What makes Jones’ support for more trusts exceptional is the break with past GOP opposition, primarily because Republicans have long sought smaller government, primarily by “starving the beast” through tax reductions. And indeed, they went well beyond that by continually trying to bust the Coal Trust throughout the ’80s.

Nor were they alone, as Democratic Gov. Ted Schwinden tried to use the Resource Indemnity Tax, which is meant to fund reclamation activities, for purposes of general government. He failed thanks to opposition from an “unholy alliance” of oil, gas, and hard-rock mining industries on which the tax was levied and environmentalists who wanted the thousands of historic mining and toxic waste sites throughout the state reclaimed.

Given that the Republicans are now completely in charge of Montana, the onus to deal with the plethora of needs falls entirely on them. It’s one thing to rail against government when the Democrats were in charge, quite another to deal with the realities of running a state when you own the Legislature, the executive, and the entire Congressional delegation.

Indeed, what Jones is suggesting is a proven method of producing revenue without continuous tax increases and should be “used for roads, bridges and water systems.”

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He’s right, but as the quickly escalating impacts of the climate crisis hit Montana, we should establish an Instream Flow Trust to buy or lease water rights to keep our rivers flowing. Instream flows are critical for wild trout, but also provide the dilution for municipal and industrial discharges. Without dilution we just get pollution — and the consequences are stacking up — from the neon green Gallatin downstream from Big Sky to the algae covered bottom of the Smith River and the chronically-dewatered Big Hole.

Jones is right and the Legislature should listen to Llew and establish new trust funds to address new issues, with water quantity and quality being right at the top of the list.



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University of Montana president job draws high interest • Daily Montanan

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University of Montana president job draws high interest • Daily Montanan


The search for a new University of Montana president has drawn more than 60 applicants, according to a spokesperson for the Office of the Commissioner of Higher Education.

“We do not have an exact count at this time, as several applications are still being completed and additional submissions are expected,” said spokesperson and Deputy Commissioner Galen Hollenbaugh in an email earlier this week.

In January, then-UM-President Seth Bodnar announced his resignation to pursue other public service. Wednesday, the final day of filing, he announced he was running as an independent for the U.S. Senate to try to unseat Republican incumbent Steve Daines.

Commissioner of Higher Education Clayton Christian earlier said that with the advice of AGB Search, a firm that’s helped the Montana University System conduct other executive searches, he would undertake an expedited process to appoint a new president.

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Christian has been providing brief updates on a website dedicated to the search. Last week, he said he and AGB Search are reviewing applications, and the pool of candidates was “strong and diverse.”

The commissioner also announced he was convening a small working group to assist in the search, members who “represent a variety of perspectives to assist in vetting and narrowing this field of exceptional candidates.”

In an email this week, Hollenbaugh identified the members of the working group who are assisting Christian with application review as:

  • Community member and former Regent Joyce Dombrouski
  • Faculty Senate Chairperson Valerie Moody
  • Staff Senate President Dominic Beccari
  • Administration Representative John DeBoer (Vice President of Academic Affairs)
  • ASUM (Associated Students of the University of Montana) President Buddy Wilson

Hollenbaugh declined to comment on the way the rest of the process would unfold or the role the working group members would play.

Christian earlier said he anticipated an appointment within one to three months, or as soon as early this month.

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Montana Supreme Court allows ballot measure on initiative process to move forward

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Montana Supreme Court allows ballot measure on initiative process to move forward


HELENA — The Montana Supreme Court has ruled in favor of a proposed ballot measure intended to simplify the process for introducing ballot measures in the future.

Justices ruled 5-2 that the measure, currently called Ballot Issue #8, did not violate state requirements that a single constitutional amendment can’t make multiple separate changes to the Montana Constitution.

“We’re very grateful to the Montana Supreme Court for agreeing with us that the attorney general’s finding of legal insufficiency for Ballot Issue #8 was incorrect,” said SK Rossi, a spokesperson for Montanans Decide, the group sponsoring the measure.

Montanans Decide argues the Montana Legislature has passed laws making it harder for the public to propose and pass ballot issues. The Montana Constitution already guarantees the people the right to pass laws and amendments through ballot measures, but Ballot Issue #8 would expand that to include a right to “impartial, predictable, transparent, and expeditious processes” for proposing those measures. It would seek to prevent “interference from the government or the use of government resources to support or oppose the ballot issue.”

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Attorney General Austin Knudsen’s office argued the measure “implicitly amended” multiple provisions in the state constitution, including by limiting the “power and authority of public officials to speak officially on ballot issues that affect those officials’ public duties” and by putting restrictions on judges and on the Legislature. Montanans Decide, the group sponsoring Ballot Issue #8, disagreed – and the majority of justices sided with them.

“Its provisions operate together to define and protect a single constitutional right—the people’s exercise of initiative and referendum,” wrote Justice Katherine Bidegaray in the majority opinion. “They are closely related components of one constitutional design.”

Bidegaray’s majority opinion was joined by Justices Jim Shea, Laurie McKinnon, Beth Baker and Ingrid Gustafson.

Chief Justice Cory Swanson and Justice Jim Rice each wrote dissenting opinions, saying they would have upheld Knudsen’s decision to disallow Ballot Issue #8. Rice said the language restricting government interference with a ballot issue was not closely related and should have been a separate vote. Swanson agreed with Rice and said the measure’s attempt to fix a timeline for legal cases surrounding ballot measures was also a separate substantial change.

In a statement, Chase Scheuer, a spokesperson for Knudsen’s office, reacted to the decision.

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“This decision only further muddies the courts’ jurisprudence on ballot issue questions,” he said. “This initiative would violate the separate vote requirement by amending multiple parts of the Montana Constitution, but the court contradicted its prior rulings. Attorney General Knudsen will continue to neutrally apply the separate vote requirement in his review of ballot initiatives.”

The court’s decision means that Knudsen’s office will now need to approve ballot language for Ballot Issue #8. Once that language is finalized, Montanans Decide could begin gathering signatures to qualify the measure for the November ballot.

However, last year, sponsors of another initiative went to the Supreme Court to argue that the ballot statements Knudsen prepared were misleading. If Montanans Decide object to their ballot statements, that could further delay signature gathering while the case plays out in court.

“Regardless, we’re going to push as hard as we can to get those petitions into the hands of voters and let them sign and support if they so choose,” said Rossi.

Rossi said the legal battle this measure has gone through – and the possibility of more to come – shows why Ballot Issue #8 is needed.

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“The state Legislature, and also statewide elected officials, have taken every opportunity to create burdens and hurdles and rigamarole for campaigns to get through in order to just get to the signature gathering phase, and then to get through the signature gathering phase onto the ballot, and then get through the election phase,” said Rossi. “The reason we filed this initiative is just to make sure that the process is simple, that the timeline is clear, and that Montanans can have their will heard when they want to propose and pass laws that they deem worthy.”





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Christi Jacobsen enters race for Western House seat

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Christi Jacobsen enters race for Western House seat


Montana Secretary of State Christi Jacobsen is running for Montana’s Western Congressional District seat, entering the race a day after U.S. Rep. Ryan Zinke announced he would not seek reelection.

Jacobsen’s announcement sets up a new contest for the open seat after Zinke, a Republican, said he would seek reelection.

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“As your Secretary of State, I’ve stood up to Washington overreach, defended election integrity, and delivered real results for Montanans. In 2020, voters gave me a mandate to clean up our elections, grow Montana business, and push back against radical liberal special interests. I delivered. Now it’s time to take that same results-driven, America First leadership to Congress.”



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