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How They Voted: Montana House of Representatives

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  • This article features House legislative committees and floor votes on key bills affecting conservation and the environment. Legislators names in bold were endorsed by Montana Conservation Voters in their last election.
HB 114 Establish Montana electrical transmission and pipeline authority, Michael Lange (R-Billings): Oppose.

This bill allows for energy to be exported to Las Vegas and Los Angeles and will lead to an increase in prices for Montana consumers and demand for increased development of resources for the benefit of people out-of-state. In addition, this bill may extend the power of eminent domain, enabling the transmission authority to condemn Montana residents' land in order to transmit power out-of-state.

Committee vote, House Federal Relations, Energy, and Telecommunications, January 22, 2007 (Passed 11-1)

  • Those voting "yes": Boggio, Driscoll, Groesbeck, Himmelberger, Jones, Klock, Olson, Rice, Stahl, Thomas, Windy Boy.
  • Those voting "no": Gallik.

2nd reading, January 25, 2007 (Passed 70-30)

Committee vote, Appropriations March 21, 2007 (Passed 19-0)

  • Those voting “yes”: Beck, Callahan, Clark, Franklin, Glaser, Hawk, Hiner, Hollenbaugh, Jayne, Kasten, McChesney, Morgan, Musgrove, Ripley, Sinrud, Sesso, Taylor, Wells, Witte.

2nd Reading, March 23, 2007 (Passed 65-34)

3rd Reading, March 24, 2007 (Passed 68-30)

SENATE

Committee vote, Finance and Claims, April 13, 2007 (Tabled)

HB 166 Extend biodiesel tax credit, Holly Raser (D-Missoula): Support.

Biodiesel is a renewable fuel that will help us produce clean, affordable energy in Montana and reduce our dependence on foreign oil. This tax credit supports Montana business innovation and new jobs in the energy sector, while increasing the availability of homegrown fuels. The impact on revenue from the tax credit will be offset by increased job and development in the clean energy sector.

Committee vote, Taxation, February 22, 2007 (Passed 14-4)

  • Those voting "yes": Bixby, Butcher, Cohenour, Erickson, Grinde, Hamilton, Hilbert, Jopek, MacLaren, McAlpin, Nooney, Pomnichowski, Ross, Vincent.
  • Those voting "no": Blasdel, Lake, Lambert, Sonju

2nd Reading vote, February 26, 2007 (Passed 70-28)

3rd Reading vote, February 27, 2007 (Passed 75-24)

SENATE

Committee vote, Natural Resources and Energy, March 26, 2007 (Passed 9-0)

2nd Reading vote, March 27, 2007 (Passed 34-13)

3rd Reading vote, March 27, 2007 (Passed 34-15)

* Signed into law

HB 216 Increased residential alternative energy tax credit, Franke Wilmer (D-Bozeman): Support.

HB 216 helps diversify Montana's energy supply for consumers, providing clean, renewable, reliable and affordable energy for Montana. These tax incentives encourage the use of renewable energy and equipment, systems and facilities, which helps develop markets and spurs industry to greater production. This results in jobs and economic development.

Committee vote, Taxation, February 22, 2007 (Passed 12-6)

  • Those voting "yes": Bixby, Cohenour, Erickson, Grinde, Hamilton, Jopek, Lambert, MacLaren, McAlpin, Pomnichowski, Sonju, Vincent.
  • Those voting "no": Blasdel, Butcher, Hilbert, Lake, Nooney, Ross.

2nd Reading, March 8, 2007 (Passed 78-22)

Committee Vote, Appropriations, March 20, 2007 (Tabled 11-8*)

  • Those voting “yes**”: Beck, Clark, Glaser, Hawk, Kasten, Morgan, Ripley, Sinrud, Taylor, Wells, Witte.
  • Those voting “no**”: Callahan, Franklin, Hiner, Hollenbaugh, Jayne, McChesney, Musgrove, Sesso.

* Dead
** Since there was no vote on the motion to pass, a yes vote here was to table HB 216.

HB 271 Revise makeup of board of environmental review. Walter McNutt (R-Sidney): Oppose.
This measure changes the makeup of the BER, providing that one member be from the natural resource industry and one member be an economic development representative from the Governor’s office.

Committee vote, Natural Resources, February 17, 2007 (Passed 9-7)

  • Those voting “yes”: Ankney, Barrett, Heinert, Hendrick, Lambert, McNutt, Mendenhall, Ross, Vincent.
  • Those voting “no”: Cohenour, Dickenson, Erickson, Hands, Pomnichowski, Small-Eastman, Van Dyk.

2nd Reading, February 20, 2007 (Passed 55-45)

3rd Reading, February 21, 2007 (Passed 54-44)

Senate

Committee Vote, Natural Resources, April 2, 2007 (Failed, 5-4)

  • Those voting “yes”: Curtiss, Gebhardt, Perry, Tash.
  • Those voting “no”: Harrington, Kaufmann, Lind, Tropila, Wanzenried.

*Dead

HB 276 Revise rulemaking authority of the board of environmental review. Walter McNutt (R-Sidney): Oppose.
HB 276 would prohibit the board of environmental review from considering any subject that has already considered by the legislature.

Committee vote, Natural Resources, February 17, 2007 (Passed 9-7)

  • Those voting “yes”: Ankney, Barrett, Heinert, Hendrick, Lambert, McNutt, Mendenhall, Ross, Vincent.
  • Those voting “no”: Cohenour, Dickenson, Erickson, Hands, Pomnichowski, Small-Eastman, Van Dyk.

2nd Reading, February 20, 2007 (Passed 59-40)

3rd Reading, February 21, 2007 (Passed 59-39)

Senate

Committee Vote, Natural Resources, April 2, 2007 (Failed, 5-4)

  • Those voting “yes”: Curtiss, Gebhardt, Perry, Tash.
  • Those voting “no”: Harrington, Kaufmann, Lind, Tropila, Wanzenried.

*Dead

HB 281 Revising late registration and changing absentee ballot mailing dates, Tom McGillvray (R-Billings), Oppose.

This bill would hamper the ability of many eligible voters from casting a ballot by ending late registration on the Friday before the election. Late registration is an important tool for improving voter turnout and HB 281 would prevent voters like the 4000 who registered on Election Day from participating in the democratic process.

Committee vote, House State Administration, January 26, 2007 (Passed 10-8)

  • Those voting "yes": Ankney, Barrett, Hendrick, Himmelberger, Ingraham, Jones, Malcolm, McNutt, Olson, Sales.
  • Those voting "no": Branae, Caferro, Dickenson, Henry, Jacobson, Phillips, Small-Eastman, Wilmer.

2nd reading, February 1 , 2007 (Passed 51-49)

3rd reading, February 2, 2007 (Passed 52-48)

Senate

Committee vote, Judiciary (Failed 5-7)

  • Those voting “yes”: Curtiss, McGee, O’Neil, Perry, Shockley.
  • Those voting “no”: Jent, Juneau, Laslovich, Moss, Pease, Wanzenried, Williams.

*Dead

HB 282 Sequestration to slow global warming, Ron Erickson (D-Missoula): Support.

Energy companies have recently launched plansfor industrial scale coal-to-liquids and coal development in Montana. Any new coal production must be done on Monana's terms, ensuring zero emissions of global warming pollutants like carbon dioxide. HB 282 defines carbon sequestration and calls on the Board of Environmental Review to establish standards for carbon sequestration, attempting to ensure that new and expanding coal plants are "clean and green."

Committee vote, Natural Resources, February 21, 2007 (Failed 7-9)

  • Those voting "yes": Cohenour, Dickenson, Erickson, Hands, Pomnichowski, Small-Eastman, Van Dyk.
  • Those voting "no": Ankney, Barrett, Heinert, Hendrick, Lambert, McNutt, Mendenhall, Ross, Vincent.

Tabled, reverse vote.

HB 309 Revise biodiesel and ethanol laws, Bob Bergren (D-Havre): Support.

HB 309 would require all biodiesel sold in Montana to be a 2% biodiesel blend and gradually increase that percentage as Montana's capacity to produce biodiesel improves and also requires that state fleet vehicles use a 20% blend. Using biodiesel, which is clean-burning and carbon neutral, as well as a product of Montana grown oilseed crops, promotes rural economic development and addresses the issue of global climate change.

Committee vote, Transportation, February 14, 2007 (Failed 3-7)

  • Those voting "yes": Furey, Kottel, Wiseman.
  • Those voting "no": Arntzen, Hilbert, MacLaren, Malcolm, Nooney, Sonju, Wilson.

Tabled

HB 405 Expand natural resource development for low cost energy, Michael Lange (R-Billings): Oppose.

This bill seeks to exempt all energy development from Montana’s bedrock environmental laws, including the Montana Environmental Policy Act and the Major Facility Siting Act. These two laws give the public a voice in energy development. They also are the only place where an analysis of all the impacts of energy projects occurs, including for such things as impacts to public health and safety, wildlife and wildlife habitat, cultural resources, and the cumulative affects of a project on the environment. Allowing the public to look at the impacts of a project in one document—instead of a portion of the impacts in numerous individual permit applications—allows citizens, local government officials, government decision makers, and others to understand the full picture of impacts of an energy project. The bill would also define every new and EXISTING power plant—or anything related to that power plant (transmission lines, pipelines, water and sewer lines, outbuildings, roads, etc.)—as a “clean energy development project.”

Committee vote, Federal Relations, Energy and Telecommunications, February 16, 2007 (Passed 7-5)

  • Those voting "yes": Boggio, Himmelberger, L. Jones, Klock, Olson, Rice, Stahl.
  • Those voting "no": Driscoll, Gallik, Groesbeck, Thomas, Windy Boy.

2nd Reading, February 26, 2007 (Passed 51-49)

3rd Reading, February 27, 2007 (Passed 50-49)

Senate

Committee vote, March 31, 2007 (Failed 4-5)

  • Those voting “yes”: Curtiss, Gebhardt, Perry, Tash.
  • Those voting “no”: Harrington, Kaufmann, Lind, M. Tropila, Wanzenried.

*Dead

HB 408 Prohibit tire or hazardous waste incineration for energy generation. Brady Wiseman (D-Bozeman): Support.
This bill would ban the burning of tires, toxic lead smelter slag, and hazardous waste in cement kilns. Currently, neither of Montana’s two cement kilns have an air pollution permit to use slag, but due to a loophole in law, they are burning slag less than a mile from an elementary school in Montana City and at the headwaters of the Missouri River. Richard Opper, Director of the Department of Environmental Quality supported this bill in committee.
Committee vote, Natural Resources, February 21, 2007 (Failed 9-7)
  • Those voting “yes”: Cohenour, Dickenson, Erickson, Hands, Pomnichowski, Small-Eastman, Van Dyk.
  • Those voting “no”: Ankney, Barrett, Heinert, Hendrick, Lambert, McNutt, Mendenhall, Ross, Vincent.

Tabled

HB 411 Expand the Major Facilities Siting Act, Ron Erickson (D-Missoula): Support.

In 1997 the power plant threshold of the Major Facilities Siting Act was bumped to 250 MW and then removed altogether in 2001. This measure would strengthen the Major Facilities Siting Act to once again cover major electrical generation projects (greater than 50 MW).

Committee vote, Federal Relations, Energy and Telecommunications, February 16, 2007 (Failed, 5-7)

  • Those voting "yes": Driscoll, Gallik, Groesbeck, Thomas, Windy Boy.
  • Those voting "no": Boggio, Himmelberger, L. Jones, Klock, Olson, Rice, Stahl.

Tabled

HB 509 Revise coal mining laws. Ron Erickson (D-Missoula): Support.

Since the 2003 legislature weakened Montana's coal reclamation law, Montana standards have lagged behind federal reclamation requirements. HB 509 would bring Montana into compliance with federal law, establishing clear goals and procedures for reclamation. In addition, this measure lengthens the time allowed for DEQ to review reclamation plans when faced with funding and staffing shortfalls.

Committee vote, Natural Resources, February 21, 2007 (Failed 7-9)

  • Those voting "yes": Cohenour, Dickenson, Erickson, Hands, Pomnichowski, Small-Eastman, Van Dyk.
  • Those voting "no": Ankney, Barrett, Heinert, Hendrick, Lambert, McNutt, Mendenhall, Ross, Vincent.

Tabled

HB 557 Revise criteria for zoning impact on sand, gravel, and sand pit operations. Ralph Heinert (R- Libby): Oppose.

HB 557 would allow gravel mining in areas currently zoned as residential and remove a local government's ability to plan where gravel mining would be most appropriately located. HB 557 requires that land must be taxed as residential before the County Commissioners can limit or deny these operations. Currently, lands planned and zoned for residential uses may be taxed for many years as agricultural until a subdivision is built. Under this bill, many current homeowners may now find that property next to their home, that they thought could only be used for residential uses, could now be approved for a large-scale gravel operation.

Committee vote, Natural Resources, February 24, 2007 (Passed 9-7)

  • Those voting "yes": Ankney, Barrett, Heinert, Hendrick, Lambert, McNutt, Mendenhall, Ross, Vincent.
  • Those voting "no": Cohenour, Dickenson, Erickson, Hands, Pomnichowski, Small-Eastman, Van Dyk.

2nd Reading, February 27, 2007 (Passed 54-46)

3rd Reading, February 27, 2007 (Passed 53-46)

Senate Committee vote, Natural Resources and Energy, March 23, 2007 (Failed 4-5*)

  • Those voting “yes”: Curtiss, Gebhardt, Perry, Tash
  • Those voting “no”: Harrington, Kauffman, Lind, Tropila, Wanzenried.

Tabled

HB 610 Revise laws relating to agency actions, Jim Keane (D-Butte): Oppose.

HB 610 essentially renders the cornerstone environmental law useless by eliminating public participation and recourse in the process. Many projects have been improved as a result of public involvement and thorough analysis under Montana Environmental Policy Act (MEPA). HB 610 prohibits any lawsuits under MEPA. With this measure, the public will have no recourse if an agency does a poor job complying with MEPA.

Committee vote, Federal Relations, Energy, and Telecommunications, February 23, 2007 (Passed 9-3)

  • Those voting "yes": Boggio, Groesbeck, Himmelberger, Jones, Klock, Olson, Rice, Stahl, Thomas.
  • Those voting "no": Driscoll, Gallik, Windy Boy.
2nd Reading, February 27, 2007 (Passed 56-44)

3rd Reading, February 27, 2007 (Passed 59-40)

Senate

Committee vote, Judiciary, April 10, 2007, (Failed 5-7)

  • Those voting “yes”: Curtiss, McGee, O’Neil, Perry, Shockley.
  • Those voting “no”: Jent, Juneau, Laslovich, Moss, Pease, Wanzenried, Williams.

*Dead

HB 632 Mandatory random audit of elections, Brady Wiseman (D-Bozeman): Support.

This bill would require random audits of the machines used to count ballots after each general election. Random, post-election audits of a minimum of 5% of machines in Montana would boost voter confidence that their vote was counted accurately, dissuade hackers, check for human errors in every county, and de-politicize the election process.

Motion to take bill from committee (requires 3/5 majority), February 26, 2007 (Failed 50-49)

Tabled

HB 753 Montana global warming solutions act, Betsy Hands (D-Missoula): Support.

HB 753 helps minimize climate change by reducing statewide greenhouse gas emissions to 1990 levels by the year 2020 using a variety of mechanisms including energy efficiency, increased reliance on renewable energy and trading. If done properly, a system that allows companies to trade carbon emissions can be effective and workable. Seven Northeastern states, California, Arizona, New Mexico, Washington and Oregon are developing their own regional cap-and-trade systems in the conspicuous absence of a national standard.

Committee vote, March 31, 2007 (Failed 7-9)

  • Those voting “yes”: Cohenour, Dickenson, Erickson, Hands, Pomnichowski, Small-Eastman, Van Dyk.
  • Those voting “no”: Ankney, Barrett, Heinert, Hendrick, Lambert, McNutt, Mendenhall, Ross, Vincent.

Motion to take bill from the table and place on 2nd Reading, March 31, 2007 (Failed 46-46)

*Dead

HB 763 Revise laws on mining byproduct disposal. Duane Ankney (R-Colstrip): Oppose.

HB 763 allows the disposal of radioactive uranium mining tailings, facilitating a new radioactive industry in Montana. Uranium must be mined and enriched to form fuel for nuclear reactors. Each of these procedures results in radioactive contamination of the environment and risks to public health.

Committee vote, Federal Relations, Energy and Telecommunications, February 21, 2007 (Passed 8-4)

  • Those voting "yes": Boggio, Groesbeck, Himmelberger, L. Jones, Klock, Olson, Rice, Stahl.
  • Those voting "no": Driscoll, Gallik, Thomas, Windy Boy.

2nd Reading February 27, 2007 (Passed 51-49)

3rd Reading, February 27, 2007 (Passed 53-45)

Senate

Committee vote, Natural Resources, April 2, 2007 (Failed 5-4)

  • Those voting “yes”: Curtiss, Gebhardt, Perry, Tash.
  • Those voting “no”: Harrington, Kaufmann, Lind, M. Tropila, Wanzenried.

*Dead

HB 822 Generally revise biodiesel and ethanol laws. Michele Reinhart (D-Missoula): Support.

Biodiesel is a renewable fuel that will help us produce clean, affordable energy in Montana and reduce our dependence on foreign oil. This bill offers a tax credit to Montana individuals or small businesses purchasing biodiesel for use in their vehicles. The impact on revenue from the tax credit will be offset by increased job and development in the clean energy sector.

Committee vote, Taxation, March 28, 2007 (Passed 10-8)

  • Those voting “yes”: Bixby, Cohenour, Erickson, Grinde, Hamilton, Jopek, MacLaren, McAlpin, Nooney, Pomnichowski.
  • Those voting “no”: Blasdel, Butcher, Hilbert, Lake, Lambert, Ross, Sonju, Vincent.

2nd Reading, March 29, 2007 (Passed 60-40)

3rd Reading, March 30, 2007 (Passed 61-38)

Senate

Committee vote, Taxation, April 10, 2007 (Failed 5-6)

  • Those voting “yes”: Gillan, Harrington, Kaufmann, Kitzenberg, Schmidt.
  • Those voting “no”: Black, Elliot, Essmann, Gebhardt, Peterson, Story.

Motion to take from committee, April 20, 2007 (Failed 19-31)

Motion to take from committee, April 21, 2007 (Passed 34-16)

2nd Reading, April 23, 2007 (Passed 28-21)

HJ 6 To urge agriculture to produce 25% of energy consumed by 2025, Mike Phillips (D- Bozeman): Support.

With this resolution, Montana would join Colorado, Nebraska, Kansas, and Vermont, as well as Governors from both parties and all regions of the country in endorsing the ‘25x25' agriculturally led initiative. This initiative acknowledges that agriculture's role as an energy producer will have a positive effect on national security trade imbalances and will serve as a catalyst for rural development in Montana and the United States;

Committee vote, House Federal Relations, Energy & Telecommunications, January 31, 2007 (Passed 8-4)

  • Those voting "yes": Driscoll, Gallik, Groesbeck, Jones, Klock, Olson, Stahl, Thomas.
  • Those voting "no": Boggio, Himmelberger, Rice, Windy Boy.

2nd Reading, February 5, 2007 (Passed 60-40)

3rd Reading, February 6, 2007 (Passed 61-49)

Senate:

Committee vote, Agriculture, Livestock, and Irrigation, February 19, 2007 (Concurred 5-2)

  • Those voting “yes”: Bruggeman, Hansen, Larson, Pease, Smith
  • Those voting “no”: Bales, Steinbeisser

2nd Reading, March 7, 2007 (Concurred 26-23)

3rd Reading, March 8, 2007 (Concurred 30-20)

Filed with SOS

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