Bullock vetoes draw GOP criticism

Governor Steve Bullock has finished working through bills from the 2013 Legislative Session. Bullock signed 393 bills this session.

But Capitol Reporter Dan Boyce says he vetoed 71.  

In addition, check out this report from Matt Gouras of the Associated Press:

HELENA, Mont. (AP) — A legislative session that began with promises of compromise ended with a whole bunch of vetoes from Gov. Steve Bullock on Tuesday — and plenty of criticism from Republicans who argued the governor was undermining bipartisan efforts.

Bullock let 10 low-profile measures become law without his signature on Tuesday, the last of the bills sitting on his desk from the session that adjourned late last month. A day earlier he was much more active when he issued 27 vetoes to bring his total to 71 for the session — just shy of Brian Schweitzer’s record of 78 from two years ago.

Republicans — including members of a coalition that helped advance the session’s biggest bills — criticized the governor’s moves as overly partisan. The lawmakers had entered the session hopeful of improved relations after mostly coming up short in battles with former Gov. Brian Schwietzer.

Sen. Bruce Tutvedt, R-Kalispell, addresses the House Taxation Committee. He is proposing legislation to change Montana's income, property and business equipment taxes. (Photo by Amy R. Sisk. Community News Service. University of Montana.)

Sen. Bruce Tutvedt, R-Kalispell, addresses the House Taxation Committee. (Photo by Amy R. Sisk. Community News Service. University of Montana.)

“I wish the governor had taken a different tact. It appears he took an aggressive tact just like Brian Schweitzer,” said Republican state Sen. Bruce Tutvedt, a Kalispell farmer. “It hurts. Truthfully hurts. At least we knew with Schweitzer that he didn’t respect us. And while there was never a quid pro quo with this governor, we were working with him to deliver good responsible legislation and now when it was his turn to do the right thing for the right reasons it appears he took a very partisan attitude.

Tutvedt, who is among a dissident GOP group billing itself the “responsible Republicans,” noted that Bullock took out many measures from that group such as plans to improve agricultural research and to help oil-boom towns deal with overloaded infrastructure.

Tutvedt said those Republicans who had been willing to work with Democrats will be much more cautious next session.

“I had high hopes for Gov. Bullock,” Tutvedt said. “We are going to have to take a more guarded view next time.”

Bullock argued in veto messages sent to the lawmakers that he needed to save money with the vetoes to get closer to his targeted surplus of $300 million, compared to the less than $200 million left by lawmakers. He also argued the GOP tax measures disproportionately helped the wealthy.

The governor was planning a news conference for later Tuesday.

Republican leaders bemoaned the loss of some of their priorities, including income tax cuts that included a plan for simplification that reduced rates and got rid of most tax credits.

Representative Mark Blasdel (R-Somers)

Representative Mark Blasdel (R-Somers)

Republican House Speaker Mark Blasdel criticized the governor for vetoing a bill that would have exempted businesses from paying equipment tax on pollution control equipment mandated by the federal government. Yet he noted the governor signed money-spending measures, such as those to fix the state’s pension system and give state employees a pay raise.

“I think a lot of his actions show that his interest has been to take care of state government and not to take a look at addressing concerns of everyday citizens,” Blasdel said.

Blasdel commended Bullock for improving the tone in Helena, compared to when Schweitzer was torching Republican bills with a hot-iron VETO brand. The results, however, were the same, Blasdel said.

“I still think his vetoes show his ideology and his political stances. I think the tone changed, but his ideology and stances didn’t,” said Blasdel, a Somers restaurant owner.

Lawmakers will be polled on many of the measures for a veto override, which requires a supermajority of lawmakers and would require unlikely Democratic support. Such veto overrides are rare.

In total for the session, the governor received 490 bills. He signed 387 of them, vetoed 71, used line-item veto authority on three spending bills and let another 28 become law without his signature.

Conservative Republican leaders — who rarely supported any of the budget bills that were largely crafted by Democrats and some Republicans — bashed the governor. Estimates show spending goes up about 13 percent over the next two years under the plan becoming law.

“His vetoes show that he just wants the status quo. He wants the establishment running supreme over taxpayers,” Senate Majority Leader Art Wittich of Bozeman said.

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Should Montana be taxing required pollution control equipment?

Senator Bruce Tutvedt (R-Kalispell)

Senator Bruce Tutvedt (R-Kalispell)

Montana lawmakers may vote to remove the state’s tax on certain industrial pollution control equipment.

Senator Bruce Tutvedt (R-Kalispell) is sponsoring SB240, which removes taxes on new “air and water pollution control equipment” installed by companies like electric cooperatives, power plants and factories.

“I believe that we all want clean water and we all want clean air,” Tutvedt told the House Taxation Committee now considering his bill, “but I believe that we should not tax those things that actually deliver that.”
Ashgrove Cement’s Dick Johnson has been running the plant outside of Helena for the last 16 years. He says these required pollution control measures don’t positively contribute to a businesses bottom line. He says his plant has recently invested $14.5 million to build a new scrubber and baghouse. “This investment does not increase our production, it doesn’t increase our employment base, it doesn’t increase our quality…our operating costs are higher on top of the capital expense of $14.5 million for absolutely nothing but cleaner air.”
Montana Mining Association lobbyist Tom Hopgood has a problem with the government requiring companies have certain equipment and then taxing that very equipment. “We don’t believe that’s good public policy, we don’t believe it’s fair.”
Senator Tutvedt argues the government exempts other entities from taxation that are seen as a public good, like hospitals and churches.
Representative Tom Jacobson (D-Great Falls)

Representative Tom Jacobson (D-Great Falls)

Representative Tom Jacobson (D-Great Falls) has some reservations about the proposal. He argues pollution control equipment still adds value to a company “and therefore, based on our tax system there is a tax rate that should be attached to it.” However, Jacobson does say he understands the argument behind dropping the tax, saying “we should incentivize good behavior and penalize bad behavior.”  Jacobson says he prefers the idea of lowering the pollution control equipment tax–but not necessarily eliminating it.

Another bill by Representative Mike Miller (R-Helmville) does gradually lower the pollution control equipment from its current three percent. That bill is waiting in the Senate.

Legislative analysts say pollution control equipment in Montana brings in about $21 million a year in total tax revenue to state, county, and local governments. Senator Tutvedt’s bill would only remove taxes on equipment purchased on or after the first of the year–so it wouldn’t immediately touch that $21 million. However, that revenue would decrease over time as older equipment drops in value and companies upgrade.

Tutvedt’s bill passed it’s initial vote in the Senate 40-9. It’s final vote was caught up in the April 5th Senate Democratic Protest. That vote was 28-0. No one spoke against the bill in the House Taxation Committee hearing.

Chuck, Sally and Mike talk about the Republican rift…

Johnson, Mauk & Dennison 3SMALLE-mails published this week show a calculated plan by the current Republican leadership in the Montana Senate to oust the previous leaders – adding to the growing rift between conservative and moderate Republicans. In this edition of “Capitol Talk”, our weekly legislative analysis program, News Director Sally Mauk talks with Lee newspaper reporters Chuck Johnson and Mike Dennison, about what that rift might mean both for the Republican and Democratic legislative agendas…

 

 

 

 

 

 

 

 

 

Federal grand jury seizes disputed ATP documents

The Montana Commissioner of Political Practices says a federal grand jury has subpoenaed documents formerly belonging to a consultant working for the conservative group American Tradition Partnership. Commissioner Jim Murry revealed the subpoena in response to a state District Judge’s request for the documents earlier this week.

The so-called “Colorado Documents” made national news after being prominently featured by the PBS program “FRONTLINE.”

The two boxes of documents involved in this grand jury subpoena originally made their way to the Montana Political Practices Commissioner from what’s been described as a “meth house” in Colorado. The boxes contain documents that PBS “FRONTLINE” and the website ProPublica say show potential illegal coordination between conservative candidates in Montana and the nonprofit advocacy group American Tradition Partnership or ATP. The documents also contain information about donors to ATP.

The group has gained notoriety in the last few years for successfully challenging a number of Montana’s campaign finance laws and for sending out advertising against Democratic and moderate Republican candidates.

An ATP consultant, Christian Lefer, claimed the documents were his, stolen out of his wife’s car in Denver.

Earlier this week, District Judge Nels Swandal directed Political Practices Commissioner Jim Murry turn over the documents to his court.

Judge Swandal says the documents clearly appear to be stolen property and are thus evidence in the investigation of that Denver car theft. Furthermore, Judge Swandal accuses Commissioner Murry of giving the documents to national news media in an “apparent effort to embarrass certain candidates on the eve of the 2012 election.”

“I think Judge Swandal was trouble that not only the commissioner of political practices would keep it a secret that he had them but he would turn the documents over to the public without so much as warning the Lefer’s that he was going to do that,” said Missoula attorney Quentin Rhoades, who represents Christian Lefer in this case.

But after Judge Swandal’s Tuesday request for the documents, commissioner Murry said in a Thursday statement he could not provide them. Murry told the judge they had been taken on Wednesday by Federal Authorities under a grand jury subpoena.

Attorney Quentin Rhoades says that seems oddly coincidental that “the day after the Commissioner of Political Practices receives the order from an experienced and well respected state court judge that suddenly a federal subpoena appears on his desk.”

Political Practices Commissioner Jim Murry is not providing comment on the case. And federal grand jury documents are confidential, so no comment from the U.S. Attorney’s office.

Rhoades says Democratic political interests are mounted against his clients. He says further release of the Colorado documents could cause irreparable harm to his clients and American Tradition Partnership.

“What the donors to American Tradition Partnership wish to remain is anonymous and if that cannot be guaranteed then the donors are going to be a lot more reluctant to give to American Tradition,” he said.

In response to saying the documents themselves that have been made public through the Frontline program do show evidence of coordination, particularly of some conservative legislative candidates in the state of Montana, Rhoades said,“that’s simply false, and you can’t point me to any documents, any evidence of that. I’ll challenge you, send me one, and if you can I’ll be happy to look at it. But I’ve looked at all the documents that Pro-Publica and Frontline put on the internet. They don’t prove anything.”

At least two Republican Montana Lawmakers disagree with Rhoades. Kalispell Senator Bruce Tutvedt and Big Timber Representative John Esp have filed complaints with the Political Practices office, saying the “Colorado Documents” do show coordination between ATP and their primary opponents.

2013 Montana Legislature chooses leadership

The lawmakers are back in town.

Members of the 2013 Legislature arrived in the capitol this week.

Capitol Reporter Dan Boyce tells us the parties have chosen their leadership in the Senate and House of Representatives.

And here’s the Associated Press story on the same topic by Matt Gouras:

HELENA, Mont. (AP) — Montana legislators are picking new leaders in advance of the 2013 Legislature.

Republicans still control both chambers following last week’s elections.

In the Senate, Republicans ousted Senate President Jim Peterson of Buffalo and rejected current Speaker Pro Tempore Bruce Tutvedt’s bid for majority leader.

The GOP instead chose Sen. Jeff Essmann of Billings as their nominee for Senate president, Art Wittich of Bozeman as majority leader and Debbie Barrett of Dillon as speaker pro tempore.

Senate Democrats picked Jon Sesso as their new minority leader.

Republicans chose Mark Blasdel of Somers to fill a vacant House speaker’s post. Gordon Vance of Billings will be the new majority leader and Austin Knudsen of Culbertson was picked as speaker pro tempore.

House Democrats elected Chuck Hunter of Helena minority leader.