Author: Dara Deines

Happy (almost) Valentine’s Day, dear readers! While there’s plenty of nonsense to cover this week, we wanted to kick off our newsletter with a little love poem for you:

The legislature can drive us all up the wall, 
But we are eternally grateful for y’all – 
Thanks for your support, both big and small,
Together we’ll keep each other strong through it all!

Calls to Action

Introducing…. Legalized discrimination!

House Bill 303, the bill allowing medical providers to deny services based on their moral or religious beliefs, passed out of the House this week.  There was a fair amount of debate before the bill was voted on, with opponents trying to convey the ways in which this bill is different – and more dangerous – than the medical conscience policies that actually already exist to protect health care providers. Reps expressed their concerns about HB 303, including its lack of discrimination protection for patients, its infringement on parental rights, and its potential to excuse denial of medical services based on diagnosis. HB 303 will now move to the Senate. We’ll give you a heads up when it’s time to testify.

HB 361, which would prevent students from facing consequences for bullying their transgender peers, was heard in the House Judiciary Committee on Wednesday morning. The bill’s sponsor, Brandon Ler, opened the hearing with a statement where he compared children to livestock and implied that his son would never be convinced to respect trans peoples’ identities. There was only one proponent testimony, delivered by Jeff Laszloffy, president of the Montana Family Foundation, which is tied to one of the largest right-wing Christian advocacy organizations in America.

One proponent to 30 opponents. Many of these opponents had experienced or were currently experiencing transphobic bullying in school, including intentional and malicious misgendering as well as physical violence, or spoke about the bullying that their trans and nonbinary children were facing.  In many cases, these students eventually had to switch schools to escape harassment.  One mother who experienced the pain of having to out her son as transgender to his class remarked that the children of the adults who enforced this institutional harm were also the ones who were cruel to him in class – noting that “bullies are not born – they are made.”  

Once again, so much love for all of the folks who lent their voice, their story, in defense of trans, nonbinary, and Two-Spirit youth.

HB 361 passed out of the House Judiciary Committee on Thursday and will now be heard on the House floor. Ask your Representative to vote NO on HB 361.

Bans on Bans​

Rather than bringing forward proactive legislation that would help ensure a safe, independent energy future for all Montanans, the state has continued to take power away from those of us trying to solve the real problems we face.

SB 228, sponsored by Sen.  Jason Small of Fairfield, would prohibit not only local governments, but the people who live in and understand our communities, from having an active say in the construction, placement, or impact of petroleum or methane plants, pipelines, and other facilities.  We think that communities should have the right to voice their opposition to pipelines being built under our rivers or methane plants being built down the street from our schools. If you agree, let your Senator know that you’d like them to vote NO on SB 228!

Party Pooper!

In just about every election, Montanans have the opportunity to vote in a variety of nonpartisan races, from local judges to school boards. In these moments, we’re able to take off our party hats and choose the best person for the job. SB 200 would change that. This bill, sponsored by Sen. Greg Hertz of Polson, would allow candidates for any nonpartisan race to state their party affiliation on the ballot. There are clear reasons why these candidates are nonpartisan; the work of our judicial branch and school officials cannot and should not be defined by a partisan agenda, and they have not been since 1935. SB 200 seems to be another move in a series of challenges to Montana’s independent judiciary, is an endorsement of those who have spent recent years attempting to politicize the work of school boards, and would overturn the choices of Montanans who have already voted to hold nonpartisan elections. It also raises a huge red flag during a session when legislators are pushing bills that will undoubtedly end up being challenged in court. 

We believe that the state’s judges and school boards ought to be elected based on their experience, ideas, and values, not their political party. If you feel the same, tell the Senate State Administration Committee to vote NO on SB 200!

Contraception Connection

In better news, this week the House handily passed HB 302, sponsored by Rep. Alice Buckley of Bozeman. This bill would require private insurance companies to increase coverage of contraceptives from the current 90 days up to a full year supply! With all of us living very busy lives, and so many living in rural areas far from a pharmacy, this bill would help folks to avoid gaps in supply.

So, why is this so important? We’ve talked plenty about HB 303, the “Medical Ethics & Diversity act” sponsored by Rep. Amy Regier, which has already passed through the House. If passed all the way to the governor’s desk, easy access to birth control might be on the line for lots of Montanans, as pharmacists could refuse to give contraceptives based on religious beliefs– which has happened right here in Montana. Also, don’t forget that legislators like (another) Regier are trying to push bills like SB 154, which would threaten abortion access by “clarifying” our Constitutional right to privacy to exclude this basic reproductive care. In this political environment, being able to access birth control is crucial. Make sure to let your Senators know how important this is, and ask them to pass HB 302!

In the Zone

We all know that young people are struggling to find and maintain housing in the Montana communities we call home. We’re seeing all kinds of solutions proposed to address this crisis in one way or another; this week, we’re focusing on SB 245, sponsored by Senator Daniel Zolnikov of Billings. SB 245 is drawn from recommendations made by the Governor’s Housing Task Force, which consists of housing advocates, developers, and other experts from across the state (you can check out all of their recommendations here!).

SB 245 tackles zoning reform from a few angles, but the one we’re most excited about is that it would require Montana cities to allow multi-family and mixed-use housing in areas that are currently zoned for office, retail, or parking use. This means that developers could build attainable housing in areas that are already set up with the necessary infrastructure, upping our state’s housing supply at a lower price point and higher density than would result from building in previously undeveloped areas.

The mixed-use provision of the bill also means that folks in our communities would be able to live closer to where they work, shop, eat, and gather, leading to neighborhoods that are more walkable, livable, and welcoming. (If you’re having trouble envisioning what a mixed-use neighborhood could look like, just think Bob’s Burgers!) If this sounds like the world you want to live in, ask the Senate Local Government Committee to vote YES on SB 245!

PS – Want to learn more about zoning and other proposed solutions to Montana’s housing crisis? Join us in Bozeman on March 11 for the Montana Youth Organizing Summit!

Hero of the Week- Rep. Pat Flowers

There once was a man named Pat Flowers
Who stood up to those grabbing at power
He fought for our kids
While grown men flipped their lids
We would listen to him speak for hours!

Across the country, state legislatures are hearing an unprecedented amount of bills that would revoke young transgender people’s access to healthcare, legalize discrimination toward gender nonconforming youth, and even bar trans folks from being themselves in front of an audience. In the face of these attacks, some legislators are stepping up in a big way to defend the rights and dignity of trans, nonbinary, and Two-Spirit youth. For his relentless, vocal allyship and fierce defense of trans Montanans, Senator Pat Flowers of Bozeman is our Hero of the Week. 

During the Senate floor hearing on SB 99 on Tuesday, some Senators seemed hell-bent on using stigmatizing, offensive terms and analogies for gender-affirming care, including making comparisons to lobotomies and amputations of healthy limbs. Senator Flowers wasn’t having it, and interrupted this language every. Single. Time. 

“I’m going to ask one more time. Let’s leave that language out of this discussion. There’s no place for it here…Let’s establish a little decorum, Mr. Chair, and stop the references to amputation right now.

While the bill passed its vote on the floor and will now move to the House (where we’ll keep fighting it with everything we’ve got), Senator Flowers and the rest of the Senate Democrats refused to let it do so quietly. Trans, nonbinary, and Two Spirit young people need to see politicians– especially cis, white, men– fighting for them.  We appreciate Senator Flowers’s dedication to interrupting harm in the moment, rather than letting those in power control the narrative and spread misinformation without pushback. Send Senator Flowers a little bit of Valentine’s love for interrupting oppressive speech and standing up for our youth!

Villain of the Week- Rep. Braxton Mitchell 

I once knew a boy named Brax
Who didn’t care about the facts.
He’d push heinous legislation 
With no consideration 
Of the bill’s full range of impacts.

Roses are red, violets are blue, 
Braxton Mitchell, do you even know what this bill would do?

House Bill 359, sponsored by Rep. Braxton Mitchell of Columbia Falls, would do a lot more than “prohibit minors from attending drag shows.” While stepping into the role of all parents in Montana is already way out of the legislature’s lane, the bill also creates a legal definition of the art form that not only sexualizes performers, but also conflates any performance marked by gender non-conformity with ‘drag’: This bill might sound familiar, and that’s because it is! On a nationwide level, a number of states have adopted suspiciously similar laws, and administrations have been flip-flopping between protecting patients’ rights to access care 

“exhibiting a gender identity that is different than the performer’s gender assigned at birth using clothing, makeup, or other physical markers and sings, lip syncs, dances, or otherwise performs for entertainment to appeal to a prurient interest.” (Note: Mitchell has introduced an amended, although no better, definition, which you can read here. The committee will vote on the amendment prior to voting on the bill.)

It’s giving… three-article rule.  As is the case with a lot of anti-trans legislation, we’re seeing a lot of very similar bills being pushed across the country, and there’s no telling what repercussions this manifestation of moral panic might have on the art and livelihood of queer and trans performers, artists, musicians.  This bill violates the First Amendment rights of performers, business owners, public schools, and libraries in order to prevent minors and their parents from making their own decisions.

HB 359 was heard in the House Judiciary Committee on Friday. In his opening on the bill, Rep. Mitchell requested that no one make reference to trans people or theater– a demographic and an industry that would undeniably be impacted by this bill (thankfully, this request was denied). Opponents, who vastly outnumbered supporters of the bill, included drag performers, trans folks, parents, and allies from all kinds of backgrounds. They spoke to the overreaching and unconstitutional nature of the bill, the joy and acceptance they’ve found in the drag and queer communities, and the immeasurable harm the bill would cause. 

After all the anti-trans bills we’ve seen this week, one thing is crystal clear: Montana doesn’t want these laws. Our state is a better, more vibrant place because of the queer and trans folks who live here, and that’s never going to change.

Check out our coverage of the hearing on Twitter, and then ask your Representative to vote NO on HB 359.

Well, that’s all for another week of What the Helena! Friday marked the 30th legislative day of the session, so we’re already one third of the way through this wild ride of a legislature! Thank you so much for everything you’ve done to call out the BS happening in the Capitol and keep your representatives accountable. As a token of our gratitude, dear reader, enjoy this Valentine’s Day limerick:

Forward Montana sent out a weekly newsletter
You read it, and said “this state can be better”
You answered our calls
Your voice rang through the halls
And for that, we write this love letter

CALLS TO ACTION

Join us in the Capitol building on February 1 from 12-1PM to rally in support of Montana’s Constitution! Our Constitution is unique among states; it includes strong privacy protections, as well as guaranteeing the right to a clean, healthful environment. Despite this, Montana legislators have already proposed upwards of 50 amendments that aim to chip away at these rights and protections. Add your voice to the chorus encouraging them to leave our Constitution alone!

HB 170 passed through the house, repealing the state’s energy goals and any process to develop future goals. HB 170 is being heard on Tuesday, January 31 at 3pm. Send the committee a message voicing your opposition at this link!

Stand with medical professionals, families, public employees, and most of all, trans Montanans, and send a message to your Senator and the Senate Judiciary Committee urging that they vote NO on SB 99.  Youth have a right to access appropriate – and often life saving – gender-affirming care.

Contact your Senator to let them know you support SJ 6, Sen. Susan Webber’s resolution to recognize the trauma inflicted on Indigenous children and families by the United States Government through the establishment and operation of Indian Boarding Schools. 

LEGISLATIVE RESOURCE GUIDE

If you’ve been reading this newsletter, listening to our podcast, or keeping up on our socials, you’ve likely seen A LOT of calls to action from us, all showing you different ways to keep up and make your voice heard during Montana’s 2023 legislative session (thank you!!). We wanted to get all that info gathered into one easy-to-find space, so we’re presenting you with our awesome Legislative Session Resource Guide! This guide not only walks you through ways to get involved, but also how to stay in the know (besides following us of course!), and how to find support during this rather rough session. Have thoughts or additions you want to see in the guide? Send us a DM or email!

We’ll Never Stop Fighting

On Friday, a hearing for SB 99 began at 8am and lasted until 1pm, filled with an overwhelming majority of local trans advocates opposing the bill, which attacks trans, non-binary, and Two-Spirit youth’s right to gender-affirming care.  

From those supporting this harmful bill, we heard a lot of misinformed and misleading testimony, with many proponents from out of state, including some notorious political detransitioners and  a representative of the Family Policy Alliance, a group that submits draft bills like SB 99 to legislators at a national level.

But guess what? Montanans showed the f up to this hearing in support of their trans family members, patients, friends, students, and selves, outnumbering proponents nearly 4 to 1. 

Notably, supporters of trans kids’ access to gender-affirming care included a TON of Montana healthcare organizations, as well as individual nurses, pediatricians, doctors, and mental health care experts. The strength of this medical solidarity and unity against government interference in minors’ private medical decisions also came with a subtle threat – if the state of Montana forces them to choose between providing life-saving care and keeping their practice, health care providers will leave the state.

Most movingly, so many incredibly brave trans, non-binary, and Two-Spirit youth and young adults showed up to tell their stories. Teenagers transitioning in Montana right now explained what it’s really like to be trans here, and how crucial the choice to transition has been to them living full lives. Trans, non-binary, and Two-Spirit adults spoke out for the rights of children and families, including trans legislators SJ Howell and Zooey Zephyr, who affirmed, 

“Trans people after transitioning live lives full of joy. My life is full of joy. I come into this building every day excited to work with you and for the people of Montana. That joy that I carry with me would not have been possible had I not transitioned.”

One clear, powerful message stood out: the choice to seek gender-affirming care is a right and saves lives, and denying care to youth disrespects, disempowers, and endangers children.
Stand with medical professionals, families, public employees, and most of all, trans Montanans, and send a message to your Senator and the Senate Judiciary Committee urging that they vote NO on SB 99.  And so many thanks to everyone who showed up in person and virtually to testify in support of trans people’s right to access appropriate medical care <3

IS THIS MIC ON?

On Friday, January 20th, over 300 attendees showed up for a rally in the Capitol building to demand action around climate change NOW!

Disappointingly, the very next Monday, HB 170 passed through the House. This bill repeals the state’s energy goals and any process to develop future goals. By passing this bill, legislators are saying “good-bye” to any commitment the state had made toward transitioning to renewable energy. This flies in the face of democratic principles, considering how many people were just at the Capitol to demand action. Talk about being out of touch with the needs of your constituents, and the world in general! HB 170 is being heard in the House Energy and Telecommunications Committee on Tuesday, January 31 at 3pm. Send the committee a message voicing your opposition at this link!

Freedom for Whom?

Last week saw the formal launch of a new group of legislators in Helena: The Montana Freedom Caucus held its inaugural meeting on January 19, with Rep. Rosendale as its guest speaker. Fourteen members of the Legislature have signed on as public members of the Freedom Caucus, with other members whose names have not been publicly released– a red flag in itself for a group who claims to be so confident in its beliefs. 

The members of the Freedom Caucus see themselves as “the tip of the spear”  in the fight against a supposed radical left agenda to demolish families, abolish organized religion, and brainwash children. The Caucus Chair, Sen. Theresa Manzella, compared their fight against these apparent enemies to that of George Washington leading Confederate soldiers across the Delaware (yes, you read that correctly). We’ll be keeping a close eye on this group as the session continues to play out. 

Money, Money, Money

It’ll be a long while before anyone forgets the legal mess that was the 2021 Legislative session, which resulted in numerous lawsuits challenging the constitutionality of laws passed. You can keep tabs of the laws on trial using this tracker from the Montana Free Press. 

Lawsuits don’t come cheap, though. The defense of unconstitutional election laws alone has cost taxpayers over a million dollars. In response to this, Gov. Gianforte has requested an extra 2.6 million dollars over the next two years for the Department of Justice. This money will cover the costs of litigation and the hiring of additional attorneys. After all, the workload of the DOJ has “increased significantly” since 2021, according to the explanation given for additional money. We’re of the (apparently unpopular) opinion that our tax dollars should go toward helping Montanans, not defending unconstitutional laws. We’ll let you know when it’s time to voice your thoughts on this line item before the legislature.

Hero of the Week

Sen. Susan Webber

Sen. Susan Webber of Browning is sponsoring SJ 6, a resolution recognizing the trauma inflicted on Indigenous children and families by the United States Government through the establishment and operation of Indian Boarding Schools. These schools forcibly separated children from their families, communities, and cultures. The stated purpose of this cultural genocide was “Kill the Indian, Save the Man.” The resolution also encourages the federal government to designate a national day of remembrance for the many children who died while attending these schools. 

In her opening statement, Sen. Webber talked about her own experience as a boarding school survivor; she attended the Cut Bank Boarding School on the Blackfeet reservation. She spoke of the abuse children suffered at these schools, and lifted up the stories of other survivors. In a state that has been home to 17 of these boarding schools, this resolution is part of a crucial conversation about how we can reckon with past and ongoing atrocities in Montana and beyond. You can watch the video of the hearing at this link.

In a political environment that has continued to deny the rights of Indigenous people and refuse to reckon with historic wrongs, Sen. Webber’s commitment to truth, healing, and repair is nothing short of heroic. Contact your Senator to let them know you support SJ 6!

Villain of the Week

Rep. Bob Phalen

On Tuesday, the House State Administration Committee heard HB 216. This bill, sponsored by Rep. Bill Mercer of Billings, would require public-sector employees who belong to a union to re-sign a union membership card every year affirming that they wish to remain in the union. The bill’s hearing generated quite the turnout from Montana union members and leaders who spoke in opposition; proponent testimony consisted only of out-of-state, anti-union think tanks and advocacy groups. (To learn more about the damages of “right-to-work” legislation like this, listen to our interview from the last legislative session with Derek Hitt of the Missoula Carpenters Union and Central Labor Council and James Burrows of the Montana AFL-CIO.) 

The bottom line: this bill and others like it aim to take away the power of unions. When unions suffer, all workers suffer.

While this bill alone is villainy enough, the real doozy took place during the committee’s questioning. Rep. Bob Phalen of Lindsay, the committee’s vice chair, took the opportunity to bully union leaders, implying that they had intimidated unionized employees out of showing up in support of the bill. He directed his question to John Forkan, a board member for the AFL-CIO. Forkan’s testimony in opposition to the bill included the assertion that, if this bill were so good for workers, they’d be testifying in support. Phalen’s “question”? 

“I just wondered if you have the fear of God in them as to whether you would fire them if they did come here,” to which Forkan responded, with admirable restraint: “The unions don’t operate that way, sir.”

You may remember that Rep. Phalen is also the sponsor of HB 234, the bill aiming to ban so-called “obscene” materials from schools, libraries, and museums. It seems like Rep. Phalen is of the mind that neither young people nor workers are capable of making their own decisions about anything: what to read, where to work, or which legislation to support. 

We’ve made it through the first month of the legislative session! We know it’s been quite a wild ride already, and we just wanted to make space to acknowledge you, our lovely readers, for doing what you do. From staying informed, to phone banking, to submitting public comments and giving testimony– every action makes a difference.

We’re grateful for you! As you continue to answer the calls to action from us and others, make sure you’re taking care of yourself as well. Take time to step away if you need it. 

To take care of our communities, we have to take care of ourselves.

CALLS TO ACTION

Who doesn’t love some good ol’ fashioned censorship? Representative Bob Phalen is putting forward HB 234, which seeks to tell kids what they can and can’t read. This bill would prevent public schools, public libraries, and museums from displaying or disseminating any materials deemed ‘obscene’ (by anyone) to minors– a move that has predominantly been used to censor materials dealing with race and queerness. Send in a public comment using this form and say NO to government interference in the right to access information.

HB 163, Rep. Tyson Running Wolf’s bill to extend the state’s Missing Indigenous Persons Task Force through 2025 was passed out of committee on Friday and will now move to the House floor. Call or email your legislators and ask for their YES vote!

MUSICAL CHAIRS

Just three weeks into the legislative session, we’ve seen three Republicans resign from their seats. When a sitting legislator resigns, the central committees for the party and county (or counties) they represent are tasked with selecting a pool of candidates for their replacement. Those candidates are then passed along to the county commissioners (or, when the legislator represents more than one county, a joint committee of commissioners from both counties), who make the final decision about their replacement. This is how approximately 40,000 Montanans will end up riding out the 2023 legislative session represented by someone they did not elect.

This session’s first resignation was tendered by Sen. Terry Gauthier from Helena, who resigned back in November shortly after the election so he could pursue a 20-country motorcycle tour. Sen. Gauthier has been replaced by now-Sen. Becky Beard, whose seat in the House of Representatives was then given to now-Rep. Zach Wirth. 

Next up was Rep. Doug Flament of Lewistown, who stepped down last week in the interests of seeking medical treatment for a health condition. At the time we’re writing this, his replacement has not yet been announced, but because the legislature is in session, the clock is ticking. This replacement process must be completed within 15 days of Flament’s resignation, or by January 26. We wish Former Rep. Flament all the best as he takes this time to tend to his health, and eagerly await news of his replacement.

“The Montana Legislature was designed for people — often men — who have flexible schedules with steady and significant incomes. But our state is so much more than one type of person. Legislative systems need to adapt so that more young people, students, single parents, and those living on low incomes can serve. It is also critical that representatives focus more on policy solutions and less on party divisiveness.” –Mallerie Stromswold

We couldn’t agree more, and we appreciate Former Rep. Stromswold’s honesty about the struggles she faced in the legislature. We sat down with her this week to talk about the state of Montana politics and what our generation can do about it. Listen to our interview on the What the Helena podcast!

UPDATE CORNER!

Remember SB 26, the bill that would have legalized fentanyl test strips? The one that could have saved countless lives from preventable overdoses in Montana? It was tabled in committee, thanks to a motion by Sen. Brad Molnar of Laurel, who prefaced this move with a stigmatizing speech about people who use drugs. Once a bill is tabled in committee, it’s likely to be as good as dead, but in the event of its revival, you can count on us to let you know.

HB 163, Rep. Tyson Running Wolf’s bill to extend the state’s Missing Indigenous Persons Task Force through 2025 was passed out of committee on Friday and will now move to the House floor! This bill, hand in hand with HB 18, would support Montana’s MMIP Task Force for the next two years. We already talked about the importance of bills like these, those that actually address real problems and answer a “call to action heard from constituents, departments, and the missing,” as Rep. Running Wolf said when he closed his bill. Call or email your Representative and ask for their support!

BOOK BAN-BOOZLED

Representative Bob Phalen is out here with a fun new bill addressing everyone’s top political priority: telling kids what they can and can’t read. HB 234 seeks to amend a law that currently applies to stores and newsstands by also restricting public schools, public libraries, and museums from displaying or disseminating materials deemed ‘obscene’ to minors.

These institutions would no longer be able to decide which materials to hold based on their library or museum policies, and could face charges for exposing minors to anything that someone might consider obscene.

While the bill does not provide a definition of “obscene materials,” this intentional vagueness reflects coordinated, national efforts to censor marginalized voices through book bans. In the words of American Library Association President Lessa Kanani’opua Pelayo-Lozada, it would “deprive all of us – young people in particular – of the chance to explore a world beyond the confines of personal experience,” continuing to note that “efforts to censor entire categories of books reflecting certain voices and views shows that the moral panic isn’t about kids: it’s about politics.”  In Florida, Utah, and Missouri, where censorship laws like HB 234 have passed, school districts have begun to remove so-called ‘obscene’ books from library shelves – largely, texts that deal with issues of queerness and race. 

Not only does this bill defy the right of every Montanan to freely and confidentially access information and ideas, HB234 would sap time, energy, and money from services and programs that actually help people – while potentially criminalizing public servants!  Our libraries and schools already have processes in place to make sure children are receiving age-appropriate materials, and ultimately, decisions regarding what we can and cannot read should be up to the individual, not the state. 

In recent years, we’ve seen the lives and livelihoods of librarians across the U.S. threatened by advocates for book bans. Just last year, as Kalispell’s Imagine IF Libraries were cast into disarray and heartache over censorship struggles, library workers received an ominous delivery: books riddled with bullet holes.  

The absurd thing is, most of these calls for censorship aren’t coming from individual parents themselves, but from advocacy groups like Moms For Liberty and legislators like Phalen. According to a 2022 poll, large majorities of voters and parents of children in public schools actually oppose book bans, a stance shared by 75% of Democrats and 70% of Republicans across the country. 

Respectably, the people of Montana have continued to prove that we aren’t on board with book bans. Despite the national trends and ruthless efforts in our state to ban books dealing with themes of gender, sexuality, and race, we have yet to see any book bans actually go through. 

Let’s keep it that way . It’s time to tell the House Judiciary Committee and your legislator that you support Montanans’ freedom to read and reject this harmful and unnecessary bill. Send in a public comment using this form and say NO to government interference in our right to access information.

Hero of the week

This week, Rep. Kelly Kortum of Bozeman introduced legislation that would make the cost-of-living crisis thousands of Montanans are facing a little more manageable. For his role as the primary sponsor of HB 233, which would have required landlords and property managers to refund application fees to applicants who aren’t offered the rental, Rep. Kortum is our Hero of the Week! 

Picture this: you fork over hundreds of dollars in fees to apply for a handful of apartments, only to hear back that all of your applications have been declined. Now, you’re out hundreds of dollars, and still have nowhere to live. Across Montana, the last few years have seen the lowest rental vacancy rates in decades. This means that for every open apartment, there could be dozens of applicants– all of whom are filling the pockets of property managers they may never hear from again. HB 233 was a bipartisan piece of legislation that would level this playing field, changing the game for renters in our state just trying to get by. 

HB 233 was met with overwhelming support during its hearing on Tuesday, with the only opponent testimony coming from the Montana Landlords Association (shocker!). Despite this, it was tabled in the House Judiciary Committee on Friday. 

While we’re bummed that HB 233 won’t be moving forward right now, tabling doesn’t always mean the end of the line for a bill— we’ll let you know if it rises from the dead. 

This isn’t the only game-changing bill we’re expecting to see from Rep. Kortum this session. We look forward to seeing what else he’ll do to serve the people he represents. We appreciate his commitment to making Montana a place we can all thrive!

Villain of the week

As chair of the Senate Judiciary Committee, Senator Barry Usher of Billings has command of the room and conversation, in theory to keep order and provide both opponents and proponents space to say their piece on a bill in a timely manner. Unfortunately, Chair Usher abused that power this week during the hearing for SB 154, a bill from Senator Keith Regier that would “define the right to privacy to clarify no right to abortion.” For this, he is our Villain of the Week. 

Calmly listening while the proponents spoke, he only once reminded them, between speakers, to “stay on the topic of privacy,” saying that the bill “isn’t about abortion.” This was one of many red flags, as the word “abortion” appears twice in the two-sentence bill.

When the opponents came up? He interrupted no less than six times in the middle of different folks’ testimony on the quintessentially private nature of reproductive care, and responded to committee member Sen. Jen Gross’s concerns about his decidedly anti-democratic running of the hearing by saying: “Chair hears and ignores.” Yikes.

One of the many opponents Chair Usher repeatedly interrupted and argued with was former representative Mike Meloy, a lawyer with an emphasis on constitutional law who was merely trying to point out that– surprise surprise– the legislature does not have the authority or purview to interpret the Constitution (remember a little thing called “checks and balances”?) Usher’s response? “We’re not talking about the authority to pass the bill, just the right to privacy.” To be clear, here’s what happens when the legislature passes bills when they do not have the authority to do so: the state gets sued, and we, as taxpayers, foot the bill. To refuse to listen to those very taxpayers when they raise their concerns about proposed legislation is deeply villainous behavior.

And that’s a wrap on week three of the session! If you’re in Helena (or will be soon), we highly recommend checking out the exhibit at the Holter Museum curated by our friends at TransVisible Montana. “Transilience,” the display of art entirely by trans, nonbinary, and Two Spirit Montanans, opened on Friday and will be up through March 30. 

Talk to ya next week!

CALLS TO ACTION

Want to take action without reading a whole newsletter? We’ve got you covered! Here are four quick things you can do to make your voice heard:

1. HB 163, which would extend the state’s Missing and Murdered Indigenous People Task Force, is scheduled for a hearing in the House Judiciary Committee on Wednesday, January 18, at 8AM. You can send the committee a message in support at this link!
2. The DPHHS is considering a rule that would effectively ban abortion for low-income Montanans who are insured through Medicaid. They are accepting written comments until 5PM on January 20th. You can send them a message through this form created by our friends over at Planned Parenthood, or by emailing a comment stating your opposition to hhsadminrules@mt.gov.
3. Senate Bill 99 would harm current and future trans, non-binary and two-spirit youth by taking away their access to lifesaving, gender-affirming healthcare. You can voice your opposition at this link: bit.ly/takeactionsb99 and ask the Senate Judiciary Committee to OPPOSE SB 99! 
4. The hearing for HB 233– which would require landlords and property managers to refund rental application fees to applicants who aren’t offered the rental– is on Tuesday, January 17th at 8AM. If you have a personal story of exorbitant rental application fees to share, please head to this link, where you can sign up to give virtual testimony OR send the House Judiciary Committee a written message in support. 

BONUS: Join us in Helena next Friday, January 20th, for Protect Our Home: A Climate Advocacy Day. RSVP at this link, and we’ll see you there!

Priority Check

As we wrap up the second week of the legislative session, our lawmakers’ priorities are starting to crystallize. While these priorities fluctuate wildly from legislator to legislator, one thing’s for certain *Smash Mouth voice*: the bills start comin’ and they don’t stop comin’. 

If you listened to last week’s What the Helena podcast, you may remember a brief discussion about the incredible number of bills requested for this year’s session. As of today, there are 4,447 bill draft requests; of those, over 400 have been introduced. In the first week of the 2021 session, the legislature held 48 bill hearings. In the first week of the 2023 session, they heard 112. That’s more than a 200% increase…what’s up with that?

Montana politics nerds may have heard about Governor Gianforte’s signature Red Tape Relief Project. A good number of the bills heard in committee the first week of the session had to do with this project, which aims to “clean up” Montana code and remove regulations the Governor sees as cumbersome. While many of these clean-up bills have received broad support, others, like HB 64, have raised some eyebrows for reallocating power from citizen boards to government agencies. HB 64 would shift responsibility for oversight of telecommunications services for folks with disabilities from a citizen-led board to the Montana Department of Health and Human Services, which has a demonstrated track record of placing political motivations over the best interests of Montanans (more on that later). You can read more about HB 64 and the Governor’s Red Tape Relief Project in this article by Helena’s KTVH. 

Update Corner!

Remember Senator Keith Regier’s resolution asking Congress to “investigate alternatives to the American Indian reservation system”? The one dripping with anti-Indigenous racism and stereotypes? Great news! After immediate and aggressive pushback, conversations with his constituents, and a talk with Sen. Shane Morigeau, Regier has withdrawn the resolution and will not be bringing it forward this session. We hope Sen. Regier has learned his lesson, and that in the future, he will do better at consulting folks affected by his proposed legislation before he brings it forward. 

HB 18, Rep. Tyson Running Wolf’s bill to develop and fund comprehensive missing persons response teams, flew out of committee and handily passed both votes on the House floor. Now, it will head to the Senate for consideration. This is huge news, especially considering a similar bill died in the process last session. Hooray for progress!

A hearing for SB 99, Sen. John Fuller’s bill to ban gender-affirming care for young Montanans, has not yet been scheduled. However, y’all have already shown us that you won’t tolerate these attacks on freedom and privacy– at our Thursday night phone bank, volunteers made over 300 calls and sent upwards of a THOUSAND texts urging Montanans to voice their opposition to this and other anti-trans legislation. This gives us all kinds of hope!

There’s No Place Like (A) Home

This week’s all about priorities. While Montana is facing plenty of problems in need of solving, there are more than a few bills already moving through the legislature whose sponsors seem to be creating solutions in search of a problem– including SB 105, sponsored by Senator Steve Fitzpatrick of Great Falls.

On Tuesday, the Senate Business, Labor, and Economic Affairs Committee heard SB 105, a bill which would prohibit cities and local governments from enacting rent control policies. An immediate red flag? All but one of the people who spoke in favor of the bill are property owners, landlords, or professionally tied to industries like real estate and property development, which is a pretty good indication off the bat that this bill would probably not be great for renters. 

Even more flabbergasting? Local rent control is already prohibited by state law. According to the Montana Code Annotated, local governments do not have  “any power that applies to or affects landlords… when that power is intended to license landlords or to regulate their activities with regard to tenants.” In normal-people words, that means that local governments already can’t impose rent control.

So why are we talking about this redundant bill? Just as people have different needs, so do their communities, and local governments need access to different sets of tools so they can address real problems (like the ongoing housing crisis) according to their specific community’s needs. The legislature keeps taking these tools away. 

Back in 2021, the legislature passed HB 259, which prohibits inclusionary zoning– a tool that Whitefish and Bozeman had already been using to help address rising housing concerns in their communities. Inclusionary zoning policies require that new housing projects include a certain percentage of homes that will be affordable to low- and moderate-income folks, and could have been a great tool for Montana communities to help ensure their residents can access affordable, secure housing.

While neither rent control nor inclusionary zoning are a one-size-fits-all solution to Montana’s housing woes, it’s a bummer to see our elected officials taking away tools rather than helping brainstorm creative solutions to address the housing crisis in our state. 

But wait! Speaking of solutions… HB 233, sponsored by Rep. Kelly Kortum of Bozeman, would require landlords and property managers to refund rental application fees to applicants who aren’t offered the rental. It would still allow landlords to recoup costs for things like background checks, but the balance of the application fee beyond those costs would have to be returned to the applicant within a reasonable period. It’s safe to say that every young person living in Montana has either spent hundreds of dollars on application fees only to still be stuck without a place to live, or knows someone who has. This bill could be a game changer for renters! We’re stoked to see it up for consideration, and applaud the bipartisan slate of representatives co-sponsoring this bill. 

The hearing for HB 233 is on Tuesday, January 17th at 8AM. If you have a personal story of exorbitant rental application fees to share, please head to this link, where you can sign up to give virtual testimony OR send the House Judiciary Committee a written message in support.

Hero of the Week- Rep. Tyson Running Wolf

Rep. Tyson Running Wolf of Browning has spent his first two weeks of the session championing legislation that solves real, pressing problems faced by his constituents. For this, he is our Hero of the Week! During a session when so many other legislators seem to be focused solely on attacking Montanans’ freedom and taking away our rights, it’s important to recognize those that are putting in the hard work to help their communities thrive. 

A prime example of legislation that will support Representative Running Wolf’s constituents is HB 163, which extends the state’s Missing Indigenous Persons Task Force through 2025. This bill would be crucial in continuing to support the task force, run through the Department of Justice, as well as the work of the broader MMIP movement here in Montana. HB 163 is scheduled for a hearing in the House Judiciary Committee next Wednesday, January 18, at 8AM. You can send the committee a message in support at this link!

As a reminder, Rep. Running Wolf is also the primary sponsor of HB 18, which we talked about last week. Both of these bills are great support for each other; one extends and expands the Department of Justice Task Force, while the other works to create long-term support systems by involving and training local community members to work with law enforcement and other local agencies.

We appreciate Rep. Running Wolf’s commitment to bettering the lives of his constituents, and hope the rest of our officials will follow his lead. 

Villain of the Week- Dir. Charlie Brereton

This week, we’re highlighting a villain not from the legislature (gasp!), but from an agency whose work over the last two years has been inextricably linked to laws passed in 2021. Rather than prioritizing the very real problems that fall under the purview of his agency, Charlie Brereton, the new director of the Montana Department of Health and Human Services (DPHHS), has spent his time creating rules that make it harder for Montanans to access the care and services they need. For this, he is our Villain of the Week. 

Come with us, if you will, on a little trip down memory lane. In 2021, the legislature passed SB 280, a bill that required trans people to present proof of gender-affirming surgery (which the bill did not define) in order to change the gender marker on their birth certificate. Then, the DPHHS, who is in charge of administering updated birth certificates, got involved and made the situation even worse. They created a new rule– one of the most restrictive in the nation– making it essentially impossible for trans folks to update their birth certificates at all. This all resulted in a lengthy court battle that’s yet to be resolved. You can find updates on that here, here, here, and here. 

Now, under Brereton’s leadership, the DPHHS is considering a rule that would effectively ban abortion for low-income Montanans insured through Medicaid. The proposed rule would create a slew of new requirements, documentation, and in-person exams in order to deem an abortion “medically necessary” and allow it to be covered by Medicaid. Importantly, all of this documentation has to be signed off on by a physician, which raises some red flags: many Montanans see nurse practitioners or physicians’ assistants as their primary care providers, and these professionals are more than capable of addressing their patients’ needs; requiring folks to get the sign-off from a doctor they may not have easy access to only creates more barriers. The rule also adds a requirement for prior authorization, which means that all of this documentation must be provided before Medicaid will pay for the abortion. 

All of this would have a handful of adverse effects. The “prior authorization” change would mean that folks insured by Medicaid who need abortions would have to wait longer to obtain the care they need– especially if they first have to find a physician to sign off– which can make the procedure more risky, more invasive, and more expensive. Concerningly, the rule does not provide any sort of timeline for this authorization process, meaning there’s no telling how long people would have to wait in order to access care. The rule would also chip away at Montanans’ constitutional right to privacy by requiring patients to provide the Medicaid office with unnecessary health information, including results of a physical examination (many patients in rural areas rely on telehealth to receive care, so this is a consequential barrier) and information about any previous pregnancies.  Finally, the DPHHS itself has admitted that this process would create additional costs for Montana taxpayers. 

No one should have to jump through hoops and wade through red tape to access the healthcare they need, and the agency tasked with keeping Montanans healthy should focus on making it easier, not harder, for us to obtain that care. The public hearing for this rule happened on Thursday (with incredible turnout from opponents and just one comment in support), but the DPHHS is accepting written comments until 5PM on January 20th. You can send them a message through this form created by our friends over at Planned Parenthood, or by emailing a comment stating your opposition to hhsadminrules@mt.gov.

That’s what we’ve got for you this week! As of Friday, we’re officially one-tenth of the way through the legislative session… time flies! While our legislators’ priorities may sometimes be hard to comprehend, our priority will always be to provide you with accessible, engaging information about how to be part of all this hullabaloo. We can’t thank y’all enough for being along for the ride. ‘Til next week!

Black History Month 2024 – What the Helena

1. Black History Month 2024 48:52
2. 2023 Wrapped 46:19

Well, folks, we’ve made it through the first week of the 2023 legislative session! Our new representatives are sworn in (unlike those in the U.S. House…), the bill drafts are coming in hot, and we’re back with our weekly update on WTH is happening in Helena. Buckle in, friends; this session’s going to be a wild one!

Toplines for this issue: rules fights, harm reduction, Indigenous justice, and, already, attacks on transgender youth. 

Plus, join us on January 20th for Protect Our Home: A Climate Advocacy Day in partnership with Montanans for a Liveable Climate. This event in Helena will include skill-building sessions, policy breakdowns, kid-friendly activities, and more– RSVP at this link, and we’ll see you there!

To hear more about our team’s takeaways from this first week (or if you prefer to listen to your news), be sure to check out the What the Helena Podcast! 

Senator Keith Regier Needs a History Lesson

On the first day of the session, Senator Keith Regier of Kalispell introduced a resolution to request that the United States Congress “investigate alternatives to the American Indian reservation system.” After listing a handful of supposed justifications for this request, Regier’s resolution goes on to say that to confer sovereign nation status to tribes inside the borders of the United States is “diametrically opposed to the Constitution of the United States.” 

Let’s pause there. If you, like Senator Regier, need a refresher: this is blatantly false. Let’s crack open our handy-dandy pocket Constitutions and take a look at Article VI, Clause 2, also called the “sovereignty clause,” which reads: 

“This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.”

Now, you probably know that over the course of the last few hundred years, the United States has signed hundreds of treaties with tribal nations. According to the very Constitution Regier calls upon to prove his point, these treaties are the supreme law of the land. Can’t get much clearer than that! To illustrate just how ridiculous Regier’s stance is: even Christopher Columbus, the notorious genocidal slave trader and colonizer, recognized the nationhood of tribes. The fact that our government contains people who regard Indigenous sovereignty with less understanding than f*cking Columbus is absolutely unacceptable.

In response to this bonkers resolution, Sen. Shane Morigeau, who represents Senate District 48 in Missoula and is a member of the Confederated Salish and Kootenai Tribes, told the Flathead Beacon: “I keep saying it over and over that a lot of people in the Montana Legislature could benefit from some very basic civics lessons about our state’s history. Sadly, this is what happens when you don’t have Indian Education for All for our legislators.” Sen. Morigeau has also stated that he intends to bring forward a bill that would require just that. 

Senator Regier’s proposed resolution is just one more development in a long, long line of actions taken by the Montana government and its officials that intend to strip power and recognition from Indigenous nations in our state. Just last month, Drew Zinecker, a legislative aide and former hopeful to fill the recently-vacant legislative seat in HD 80, publicly asked: “If the reservations want to say they are independent countries … but they want a lot of handouts, why are we counting their ballots?” 

This sentiment lines up with Regier’s resolution, and shows just how deeply the Montana government is entrenched in colonialism and white supremacy. The resolution hasn’t been scheduled for a hearing yet, but when it is, we’ll let you know. 

In the meantime, we recommend learning more about the history and importance of tribal sovereignty by checking out this article by Dr. Shaawano Chad Uran, a member of the White Earth Nation and professor of American Indian Studies at the University of Washington.

Embracing Indigenous Leadership

In much better Indigenous justice news: HB 18, sponsored by Representative Tyson Running Wolf of Browning, would establish a way to develop and fund multi-agency, multi-jurisdictional, and multi-disciplinary missing persons response teams.

Rep. Running Wolf introduced HB 18 by saying that this is for all Montanans, not just Indigenous folks, while also pointing out that Indigenous people go missing at a much higher rate than other Montanans– up to four times the rate of non-native folks, according to the Department of Justice. 

Because local law enforcement staff and other responsible agencies lack the infrastructure, training, and funding needed to lead on missing person’s cases in a timely manner, the burden falls onto the community. As the first 24 hours of a case are crucial in bringing loved ones home alive, the leading search teams are made up of the missing person’s family and friends, who are also under-resourced and undertrained. This all makes coordination challenging, as there may be multiple local, state, and federal agencies involved. This becomes especially complicated when someone goes missing on a reservation, where jurisdictional questions can be even more prevalent.

The key part of this bill is that it allows for the creation of multidisciplinary, community-based teams. It encourages cooperation of folks from all sorts of backgrounds, setting the stage for collaboration between community-based teams and formal agencies. These entities would have to come together to create a group agreement, or memorandum of understanding, before applying for training money. This process alone would make these teams stronger, more capable of understanding and collaborating with one another, and better able to respond to the crisis of missing people, especially missing Indigenous people, in Montana. 

Unlike Senator Regier’s resolution, Representative Running Wolf’s HB 18 is a real solution to a real problem faced by Montana’s Indigenous communities, and is an excellent example of what it could look like for tribal and non-tribal governments and entities to collaborate in meaningful ways. We appreciate his work, and look to him as an example of what can happen when Indigenous people lead in government. 

HB 18 passed out of committee this week, and will now head for a vote on the House floor. Let your Representative know that you support this bill– and if you don’t know who your reps are yet, you can find out here. 

Hero of the week

We are pleased to introduce our first hero of the 2023 legislative session, Representative Ed Buttrey of Great Falls. Representative Buttrey set his party hat aside in favor of good governance. We hope to see more of this throughout the session!

The House of Representatives operate under a set of rules dictated by House Resolution 1. On the first day of the session, Rep. Buttrey proposed an amendment to HR 1. He proposed to lower the number of votes required for a “blast” motion from 60 to 55.

Now, you may be asking: WTF is a “blast” motion? Great question! 

Normally, a bill gets introduced and debated in a committee. If the committee likes the bill, they will pass it to the House floor where the bill will get debated and voted on by the entire House of Representatives. Under a “blast” motion, a bill can be “blasted” past or out of committee to be debated by the entire House.

We think this is a great idea for a few reasons.

First, the Speaker of the House assigns bills to committees. In theory, the Speaker could send bills he doesn’t like to committees where he knows they will die (which we certainly hope wouldn’t happen, as that would be a massive abuse of power…….).

Second,  this serves to balance the power scales just a little, allowing the minority party, with 32 representatives in the House, to ask that legislation get its chance on the House floor if they can find a third of the Republican majority to join the call. 

Third, as Rep. Derek Harvey pointed out during the hearing, there are also times during the session when deadlines are rapidly approaching and committees are hearing an incredible volume of bills in a short time. When that happens, it’s unlikely for a bill to get a truly fair hearing, if only because there are just so many hours in a day. In those cases, it could serve the people of Montana and the tenets of democracy to give the bill another shot. 

Rep. Buttrey’s amendment passed by a two-vote margin in the Rules Committee, but only after some tense debate. We witnessed a sneak peak of what’s likely to come: disagreements between far-right Republicans and those who still believe in some semblance of moderation.

While Representative Buttrey’s amendment wasn’t unprecedented, it’s exciting to see a member of the (super)majority party push back against the party line to advocate for a more democratic process. We applaud his leadership!

Villain of the week

Before we’ve even had a chance to settle into the routine of 8AM committee meetings and multitasking as an extreme sport, Senator John Fuller of Kalispell has already introduced yet another version of his twice-killed ban on gender affirming care for young people– and this time, it’s even worse. For this, he’s our first Villain of the Week. What do you call the zombie of a zombie? Apparently, you call it SB 99. 

To recap: during the 2021 legislative session, then-Representative Fuller introduced HB 113, a bill that would have banned all medication and surgery related to gender transition for people under 18. When that bill failed, he resurrected it as HB 427, which removed the ban on hormone blockers and medication but retained the surgical ban. After an outpouring of opposition from medical professionals, trans folks, and the people who love and understand them, that bill failed, too. So why, just three days into the 2023 session, did Senator Fuller think it was a good idea to give this fight another go?

SB 99 goes even further than last session’s HB 113 or HB 427. SB 99 would ban any medical transition (including hormone blockers and hormone replacement), and would also prohibit public employees (like teachers and school counselors) from supporting a minor’s social transition. This could be something as simple as using a name or pronouns that differ from the ones assigned to a student at birth– the first step in transition that a physician or therapist will usually recommend to a minor exploring their gender identity. 

In case you need a reminder, access to social transition and affirming relationships with educators save lives. This is an absolutely atrocious attack on an already-marginalized group of young Montanans. Senator Fuller apparently has no interest in learning from all the folks who attempted to get through to him in 2021. 

While SB 99 hasn’t yet been scheduled for a hearing, it has been assigned to the Senate Judiciary Committee. You can send that committee a message voicing your opposition at this link. Now’s also a great time to get in touch with your legislators and make sure they know that you don’t support interfering with people’s healthcare and freedom– or better yet, sign up for our phone and text bank on January 12th to help spread the word. When the time comes to show up to the hearing for SB 99, you can bet you’ll hear from us!

Aaaand that concludes our first edition of 2023’s What the Helena! This is shaping up to be quite the session, so remember: we’re in this for the long haul. What happens in Helena over the next few months will certainly change the way things work in Montana, but when it’s over, we’ll be here to keep building the future we want to see alongside all of you. Until then, take care, tune in, and show up in the ways that are meaningful and sustainable to you. TTY next week!

PS – stay tuned for Forward Montana’s forthcoming Legislative Engagement Guide, your one-stop-shop for everything you need to know about the legislature!

Black History Month 2024 – What the Helena

1. Black History Month 2024 48:52
2. 2023 Wrapped 46:19