Montana Legislature begins tackling proposed amendments to state constitution

HELENA — The Montana Legislature is now properly into the second half of its 68^th session, and lawmakers are beginning to take a better take a look at proposals to amend the state structure.

When the Republican Get together took a 102-seat supermajority within the Legislature final 12 months, it gave them the ability to suggest modifications to the Montana Structure with out assist from Democrats. So, it was extensively anticipated that amendments would turn into a giant subject at this 12 months’s session.

For a constitutional modification to maneuver ahead within the Legislature, it has to obtain 100 votes between the Home and Senate – two-thirds of all lawmakers. After that, it goes earlier than Montana voters on the following common election poll.

The Home is directing all modification proposals to the Home Judiciary Committee. They’ve already held hearings on 4 this week.

“Anytime we will give the chance to the individuals to have the ability to resolve, I’m all for that,” stated Sen. Barry Usher, R-Yellowstone County, throughout a Wednesday listening to on Home Invoice 551.

HB 551, sponsored by Rep. Casey Knudsen, R-Malta, would develop the constitutional proper to bear arms – eradicating a piece presently within the state structure that claims “nothing herein contained shall be held to allow the carrying of hid weapons.” The Legislature already allowed permitless hid carry in 2021, and this variation would incorporate that coverage into the structure.

Different payments up for hearings this week embody Home Invoice 372, sponsored by Rep. Paul Fielder, R-Thompson Falls, which might add a constitutional provision guaranteeing the proper to “hunt, fish, lure, and harvest wild fish and wildlife, together with the proper to make use of present means and strategies.” Home Invoice 517, from Rep. Mike Hopkins, R-Missoula, would cut the Montana Board of Regents’ authority over state school campuses, after judges’ rulings in current lawsuits stated the Legislature was restricted in the way it might direct the regents.

Upcoming amendments are anticipated to incorporate one from Rep. Invoice Mercer, R-Billings, that may change how Montana Supreme Court docket justices are chosen – from statewide elections to appointment by the governor and affirmation by the Senate. Home Speaker Rep. Matt Regier, R-Kalispell, has requested an modification that may prohibit public funding of abortions besides in circumstances of rape, incest or when the mom’s life is in danger.

Lawmakers have submitted requests for 64 potential amendments, however Regier stated management has labored with their members to whittle that quantity down. He expects a dozen or so proposed amendments will get severe consideration.

“Quite a lot of nice concepts in these, and we’ll see out of these 12, 13, 14, which of them come to the highest, and go from there,” he stated.

Democratic leaders have opposed constitutional modifications, accusing Republicans of utilizing their supermajority to push by means of amendments that don’t have public assist. GOP leaders have confused that will probably be as much as the voters to make the ultimate resolution on whether or not any of those proposals are literally added to the Structure.

Wednesday on the Capitol, advocacy teams just like the ACLU of Montana and the Montana Environmental Data Heart held a “Rally to Defend Montana’s Structure,” protesting proposed amendments.

“Individuals are allowed to deliver constitutional referenda – it is good, it is a residing, evolving doc,” stated ACLU coverage director Keegan Medrano. “However what we’re seeing is, once more, I feel, a flagrant disregard for the prevailing provisions, and likewise a want to make use of the Structure as a instrument.”

When requested what could be the hurt of permitting Montanans to weigh in on these proposed modifications, Medrano stated the sheer variety of amendments might overwhelm voters.

“I feel that we’re involved about voter schooling, voter data and the invite to out-of-state pursuits and moneyed pursuits to pour cash into the campaigns and actually tip the scales and misinform and mislead individuals,” he stated.

Regier stated he doesn’t see a difficulty with the variety of amendments voters might be requested to contemplate on the 2024 poll.

“I’ve 100% confidence in them that that they’ll weigh in they usually could make the proper selection,” he stated. “There are a number of different states which have double-digit poll initiatives every year on their poll. And I feel it is a great way to get a check on a few of these increased priorities, prime points for the state, and let the voters weigh in on that.”

Constitutional modification proposals have a later transmittal deadline than common payments. They might want to transfer by means of their first chamber by April 3 to stay in consideration.