Legislative Roundup - Week 1

By Austin Amestoy UM Legislative News Service University of Montana School of Journalism

Legislature, Gov. Gianforte Offer COVID-19 Plans as First Legislator Tests Positive

HELENA -- A bill to reduce COVID-19 liability for Montana businesses and the first meeting of the Legislature’s COVID-19 panel came during the first week of the session, a day after Republican leadership confirmed the first known positive test for the virus in a legislator late Thursday.

Presumptive Chair of the COVID-19 panel, Jason Ellsworth, R-Hamilton, announced in a press release Thursday that Rep. David Bedey, R-Hamilton, tested positive for the virus and was quarantining away from the Capitol.

According to the release, Bedey came into contact with the virus outside the Capitol before the session began.

“We’re already reaching out and notifying those who have recently been in close contact with Representative Bedey and are telling them to quarantine,” Ellsworth said.

Bedey worked in the Capitol throughout the week, including in meetings of the Montana House Appropriations Committee, and wore a mask.

The announcement came during a week of COVID-19-related announcements from the Legislature and the Governor’s office.

During his first press conference Tuesday, Republican Gov. Greg Gianforte outlined his strategy for addressing the coronavirus pandemic in Montana.

About 30 people attended the ceremony in the governor’s reception room. All were masked and in assigned seats, though attendees were not distanced.

The governor expressed faith in the ability of a COVID-19 vaccine and increased testing to slow the pandemic in Montana.

“I’m confident Montanans will make our comeback,” Gianforte said.

Gianforte also announced his intention to reverse the statewide mask mandate imposed by the Bullock administration once certain criteria are met.

“To combat the virus, I believe providing incentives and promoting personal responsibility are more effective than imposing impractical mandates,” Gianforte said.

The governor said he will repeal the mask mandate once a COVID-19 vaccine is distributed to “the most vulnerable,” and once legislation is passed to protect businesses and schools from lawsuits. Gianforte did not offer a specific date for a repeal of the mask mandate.

He also clarified vaccine distribution priorities for Montana, saying that Montanans older than 70 and those age 16–69 with “specific underlying health conditions” will be first in line for a shot.

The legislation to protect businesses that the governor requested got its first hearing in the Senate Business, Labor and Economic Affairs Committee Friday morning.

Senate Bill 65, carried by Sen. Steve Fitzpatrick, R-Great Falls, would prevent individuals from suing businesses for contracting COVID-19 so long as those businesses were following local or state health guidelines. Suits can still be filed for “gross negligence” or “willful and wanton misconduct” in handling COVID-19 guidelines.

“If we want to open up our state, we need to give clear guidance as to what will lead to liability and what will not,” Fitzpatrick said.

The bill would also prohibit lawsuits against healthcare workers for COVID-19 injury and death in patients under their care and protect businesses that make personal protective equipment, like masks, and sanitization supplies from lawsuits.

Gov. Gianforte endorsed the bill in a press release Friday that clarified SB 65 as meeting the requirements for civil protections he listed as a prerequisite to lifting the statewide mask mandate.

Shortly after SB 65’s first hearing, a group of Republican and Democratic leadership met for the first time publicly as the Legislative COVID-19 Panel and reviewed Capitol’s pandemic rules.

Panel Chair Jason Ellsworth, R-Hamilton, opened the meeting with an acknowledgement of Rep. Bedey’s positive test, but insisted Republicans “are taking this virus seriously.”

“No one—no legislator, no member of the public—has to be in this building if they don’t want to be and don’t choose to do so,” Ellsworth said.

House Minority Leader Kim Abbott, D-Helena, and Senate Minority Leader Jill Cohenour, D-East Helena, raised concerns about the health of legislative staff and transparency in reporting legislators’ positive test results by name, which is not currently required under the rules.

“I don’t know how members of the public can make decisions about their own health if they don’t know what’s happening in our building,” Cohenour said.

Republicans and Democrats on the panel agreed a dedicated contract tracer for the Capitol is necessary, and Executive Director of the Legislative Services Division Susan Fox confirmed that staff is working on fulfilling that request.

The committee also heard remote public testimony from Montanans over Zoom, many of whom offered scathing indictments of the Legislature’s failure to enforce public health guidelines.

Whitefish resident Joan Vetter Ehrenberg, audibly emotional, condemned the panel’s current rules as “unconscionable.”

“Don’t risk yourselves and this community and this state to a greater outbreak and more deaths, because those deaths will be on your hands,” she said.

Democratic leaders said they planned on drafting amendments to panel rules to bring to their next meeting.

Gianforte Sworn In as Governor

Judge Mary Jane McCalla Knisely swore in Montana’s former Republican Congressman Greg Gianforte as governor of Montana in a private ceremony on Jan. 4. Gianforte placed his hand on a bible held by his wife, Susan, and recited the oath of office, officially making him the first Republican governor of Montana in 16 years.

In his inaugural address, Gianforte touted his “Montana Comeback Plan,” which he campaigned on, outlining four key principles that he said will drive his decision making during his governorship: economic growth, fiscal responsibility, governmental reform and protecting Montanans’ “way of life.”

“Today marks a new beginning for Montanans across our state,” Gianforte said. “The possibilities are vast and our potential is as boundless as our skies.”

Gianforte’s four guiding principles indicate the governor plans to take advantage of a solidly Republican-controlled legislature and governorship—the first occurrence of a “trifecta” in 16 years.

His economic priorities include lowering business taxes and creating new jobs, as well as cutting taxes for Montanans. Gianforte also seeks to reform state government, though he did not specify in what way. His fourth principle—“protecting Montanans’ way of life”— he said involves fighting crime and drug addiction, protecting families and preserving public lands.

Kristen Juras was sworn in as Montana’s Lieutenant Governor just before Gianforte took the oath.

Representatives and Senators Sworn In; Leadership Lists Priorities

Members of the Montana House of Representatives and Senate took the oath of office in simultaneous ceremonies at the Montana Capitol Jan. 4, marking the start of the 67th Montana Legislative Session.

With Gov. Greg Gianforte’s inauguration just hours earlier, the balance of political power in Helena shifted solidly toward the Republican party after the statewide election in November saw a wave of conservative victories up and down the ballot—though policy goals for each party show some overlap.

Republicans now control a 67-seat majority in the 100-member House of Representatives and 31 seats in the 50-member Senate.

Republican Representatives in the House chose Rep. Wylie Galt, R-Martinsdale, as Speaker of the House.

“To the Democrat members, your voices will be heard and respected. That is a Montana tradition,” Galt said during his first address as Speaker.

House Minority Leader Kim Abbott, D-Helena, said in her opening speech that House Democrats would hold the Republican majority accountable in upholding their duty to Montana’s voters.

Republicans selected Sen. Mark Blasdel, R-Kalispell, as President of the Senate, while Democrats chose Sen. Jill Cohenour, D-East Helena, as Senate Minority Leader.

“Senate Democrats are prepared to tackle the challenges ahead, and we encourage our colleagues to join us in moving the state forward, not backward,” Cohenour said.

Leadership from both parties outlined policy goals in separate press conferences, and while there are some stark differences in the platforms, there are also some commonalities. Both parties seek tax breaks for Montanans, the preservation of public education funding and an increase in good-paying jobs.

House Majority Leader Sue Vinton, R-Billings, touted the “conservative mandate” Montana voters gave the Republican Party following its 2020 election victories and said the party is unified, despite being “as diverse as the citizens we represent.”

Other Republican policy goals include passing a balanced budget with no tax increases, limiting government intrusion of personal freedoms, and stabilizing Montana’s healthcare system.

Democratic leadership worked to strike a hopeful chord while listing their policy goals, which include increasing the minimum wage, protecting Montana’s Medicaid Expansion program, and investing in career and technical education.

“In Montana, we have a long history of coming together with our colleagues to build a conservative budget that doesn’t spend more than we take in and is prepared for the unexpected,” Cohenour said.

Legislators of both parties now begin the work to pass a balanced budget, their only mandate through the Montana State Constitution.

Austin Amestoy is a reporter with the UM Legislative News Service, a partnership of the University of Montana School of Journalism, the Montana Newspaper Association, the Montana Broadcasters Association and the Greater Montana Foundation.