After 85 days, introducing more than 1,000 bills and passing a two-year state budget, the Montana Legislature has adjourned its 69th session. Montana Public Radio’s Shaylee Ragar joined Elinor Smith to talk through the political dynamics and policy debates.
Elinor Smith: Shaylee, how would you describe this legislative session overall?
Shaylee Ragar: Chaotic.
And the last day was no different. It took three separate votes for the Senate to agree to adjourn for the session. Democrats and some Republicans tried to revive a tax bill before leaving. That effort failed on a tie vote.
Billings Republican Sen. Daniel Zolnikov referenced the tension that began on day one.
“We came here and in 15 minutes of the first day, this session was off the rails ...”
Elinor Smith: Remind us what happened on day one?
Shaylee Ragar: Republicans came into the legislative session with strong majorities – upwards of two dozen additional seats between both chambers – and the governor’s office. But long existing factions in the GOP are still present. And a group of nine Republicans in the Senate partnered with Democrats on day one, blind-siding Senate Republican leadership, to form a so-called working majority. They only partnered on some issues, and seemed fairly aligned with Gov. Greg Gianforte’s priorities.
Hardline Senate Republicans were vocal about their frustrations all session long. Sen. Barry Usher held up a drawing signed by 23 Republicans during that last floor debate.
“We have a new mascot. It’s 'Flat Stanley.'. And why is he flat? Because he’s been steamrolled, just like the 23 Republicans that actually came up to do what our Republican voters asked us to do.”
Elinor Smith: How did the Republicans who sometimes sided with Democrats respond to that criticism?
They hold their cards pretty close to their chest. But since day one, they say they’ve said they're concerned with fairness. They’ve partnered with Democrats to secure different committee assignments, to pass some policies – like Medicaid expansion, and to kill others – like making judicial elections partisan.
They say they want more independence and bipartisanship in governance. At a final Senate rules meeting, the group proposed rules to give senators more power to create special committees – authority that only the president had previously. Republican Sen. Wendy McKamey of Great Falls proposed that rule change and it passed.
“I think that it prevents any kind of gamesmanship and politicization of the process.”
Elinor Smith: What do Democrats have to say about the alliance?
Shaylee Ragar: It got them a lot of wins, relative to their standing. They’re proud of the work they’ve done. That had got many of their priorities into the state budget and through a variety of bills – money for child care, for health care, a restructure of property taxes. Here’s Senate President Pat Flowers.
“This session really demonstrated that when Democrats lead, Montanans win.”
Elinor Smith: So it sounds like Democrats have a unified front?
Shaylee Ragar: Mostly, but they definitely still have their differences. For example, an ethics investigation into Sen. Jason Ellsworth of Hamilton concluded that he awarded a no-bid, $170,000 contract to a longtime business associate. Four Democrats joined the majority of Republicans in voting to expel him. But the remaining Democrats and nine Republicans pushed for a lesser punishment, and that’s ultimately what passed.
And I want to stress that the nine Republicans only partnered with Democrats on specific legislation – on tax policy, on the budget, on a nearly billion dollar trust fund and on procedural issues. But they fractured on votes to restrict the rights of transgender Montanans and on some bills to regulate the judiciary – although a majority of Republican bills to regulate the third branch failed to advance.
Elinor Smith: Ok, so lots of political drama this session, but let’s dive into some policy. Lawmakers had to pass a budget – what’s in it?
Shaylee Ragar: So much, but I’ll give the 30,000 foot overview. The budget contains money to renew Medicaid expansion – or government health insurance for low-income adults. For expansions of the state’s prisons and out-of-state prison contracts for overflow beds. Money to help public schools boost teacher pay. Money to add judges in Yellowstone County, for the Highway Patrol and for additional state game wardens.
It also includes a cut to income taxes and the state’s business equipment tax. Lawmakers started the budgetmaking process with more than $2 billion surplus dollars, so they had some wiggle room to start with.
A bill to save almost half of that surplus in a trust fund also passed the Legislature with support from Democrats and moderate Republicans in both chambers. It contains savings accounts to fund child care, infrastructure projects, property tax relief and pensions for years to come.
Elinor Smith: How does the Legislature’s budget compare to the governor’s budget he proposed before the session started?
Shaylee Ragar: It’s bigger. And it’s about 17% bigger than the budget that passed two years ago. One thing that lawmakers added to their budget was a 3% increase for Medicaid provider reimbursement rates. Those providers got a big boost last session, but that was just to catch providers up with inflation, and many say they’re still struggling.
We will be waiting for the governor to review the Legislature’s budget in the coming weeks. He has the authority to veto pieces of the budget if he wants to shrink. And hardline conservatives are demanding he do that, they say the state is spending too much money.
Elinor Smith: Montana has one of the largest American Indian Caucuses in the country – how did their priorities pan out this session?
Shaylee Ragar: Native legislators had quite a bit to celebrate this session, although they had some losses, too. After several failed attempts, the Legislature agreed to recognize Indigenous Peoples’ Day. The proposal this time was different because it does not replace Columbus Day, they’ll both be recognized. They also passed a renewal of the Montana Indian Child Welfare Act and advocates for Indian Country applauded a bill that will allow Medicaid reimbursement for doulas who support pregnancies and births. Maternal care providers are sparse on reservations in Montana. Again, we are waiting for Gianforte to consider these bills.
A bill that would have required state agencies to consult with tribes on rulemaking and programming failed to pass.
Sen. Jacinda Morigeau, a Democrat from Arlee, served in her first session and said their caucus was strong.
“Our Native American caucus is 12 people right now, so I think between both chambers, we’ve been able to do some good work.”
Morigeau said that aside from policy, she was surprised at the level of sexism and racism still present in the Capitol today – like when she called out Kalispell Sen. John Fuller for referring to testimony from Missoula Sen. Ellie Boldman as “histrionics."
“Being in such close contact with really heinous, regressive, bigoted opinions, does a number on your soul.”
Elinor Smith: So we’re waiting for Gianforte to decide what to do with the budget and a lot of bills. Anything else we should keep an eye out for, Shaylee?
Shaylee Ragar: The probability of a special session seems higher this year than in the past. If the Trump Administration makes significant cuts to federal funding, lawmakers will likely have to come back to town to adjust their budget accordingly. It’s about 40% made up of federal dollars. We’ll definitely be watching for that.
Elinor Smith: Thanks for your reporting, Shaylee
Shaylee Ragar: No problem.
For more in depth analysis of the 69th legislative session, tune into a live panel of The Session podcast May 7 at 7 p.m. Montana Free Press and Montana Public Radio reporters will talk policy and politics, and they want your questions!
