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How They Voted: Montana Senate

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This article features Senate committee 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.

SB 78 To clarify stream access from bridges, Sen. Larson (D-Billings): Support.

SB 78 secures Montanans’ constitutional right to access public waterways while respecting the needs of landowners to erect fences to manage livestock and protect private land.

Committee vote, Fish and Game, January 30, 2007 (Passed 6-3)

  • Those voting “yes”: Balyeat, Gallus, Hansen, Jent, Larson, J. Tropila.
  • Those voting “no”: Bales, Barkus, Tash.

2nd Reading, February 9, 2007 (Passed 31-19)

3rd Reading, February 10, 2007 (Passed 34-16)

HOUSE
Committee vote to amend*, Fish, Wildlife and Parks, April 4,2007 (Passed 11-8)

  • Those voting “yes”: Barrett, Dutton, Hendrick, Hilbert, Jore, Klock, Koopman, Milburn, Peterson, Vincent, Ward.
  • Those voting “no”: Becker, Branae, Cordier, Driscoll, Groesbeck, Phillips, Van Dyk, Wilson.

Blast motion, April 4, 2007 (Failed 47-50)
* MCV opposed these amendments

SB 201 Revise subdivision laws, Sen. Laible (R- Darby): Support.

SB 201 provides incentives for cities and counties to work together to plan for efficient future growth. Under the current system, neighbors are left out of the planning process. This measure gives Montanans solid tools and a stronger voice for protecting their property, as well as community values and natural assets in the context of rapid growth and change.

Committee vote, Local Government, March 20, 2007 (Passed 9-2)

  • Those voting “yes”: Gebhardt, Gillan, Hawks, Juneau, Laible, Moss, Murphy, M. Tropila, Williams.
  • Those voting “no”: Esp, O’Neil.

2nd Reading, March 28, 2007 (Passed 34-15)

3rd Reading, March 29, 2007 (Passed 36-14)

House

Committee vote, Taxation, April 12, 2007 (Passed 13-5)

  • Those voting “yes”: Bixby, Butcher, Cohenour, Erickson, Grinde, Hamilton, Jopek, Lake, MacLaren, McAlpin, Nooney, Pomnichowski, Vincent.
  • Those voting “no”: Blasdel, Hilbert, Lambert, Ross, Sonju.
SB 210 Revise energy conservation and weatherization laws, Sen. Laslovich (D-Anaconda): Support.

Montana currently offers a tax credit to offset installations and upgrades (such as more efficient appliances, better windows, and other new technologies) that save energy and significant amounts of money in the long-term, but cost more initially. This measure expands this successful program to ensure access to conservation measures for more homeowners in Montana.

Committee vote, Taxation, March 26, 2007 (Passed 12-0)

2nd Reading, March 28, 2007 (Passed 39-10)

3rd Reading, March 29, 2007 (Passed 41-9)

House

Committee vote, Taxation, April 12, 2007 (Failed 10-8)

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

SB 210 language now exists in HB 833

SB 218 Sequestration standards for carbon dioxide. Sen. Lind (D-Missoula): Support.

With plans for industrial scale coal-to-liquids and coal development recently launched in Montana, Montanans deserve to know that new production will happen on Montana’s terms, ensuring zero emissions of global warming pollutants like carbon dioxide. This bill defines carbon sequestration and calls on the Board of Environmental Review to establish standards for carbon sequestration.

Committee vote, Natural Resources, February 14, 2007 (Passed, 8-1)

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

2nd Reading, February 20, 2007 (Passed 37-13)

3rd Reading, February 21, 2007 (Passed 38-12)

HOUSE

Committee vote, April 2, 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

SB 223 Generally revise water appropriation laws, Sen. Peterson (R-Buffalo): Oppose.

Coal bed methane production consumes enormous amounts of water, further squeezing struggling farming and ranching families. Current law lacks adequate protection for farmers and ranchers affected by coal bed methane development, and SB 233 weakens current law by exempting CBM-pumped water from normal rules governing groundwater. SB 223 allows the CBM industry to ignore criteria for beneficial use, harming senior water rights holders.

Committee vote, Natural Resources, February 23, 2007 (Passed 5-4)

  • Those voting “yes”: Curtiss, Gephardt, Harrington, Perry, Tash
  • Those voting “no”: Kaufmann, Lind, M. Tropila, Wanzenried
2nd Reading, February, 26, 2007 (Failed 27-23)

Tabled
SB 241 Generally Revise Oil and Gas Laws, Sen. Kaufmann (D-Helena): Support.

SB 241 seeks to protect Montana’s water quality and farming and ranching families by raising the standard for reclamation. It requires reclamation plans and requirements before permit approval, similar to other extractive industries.

Committee vote, February 7, 2007 (Passed, 5-4)

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

2nd Reading, February 15, 2007 (Failed 17-33)

Tabled

SB 345 Waterway setbacks for construction, Sen. Hawks (D-Bozeman): Support.

SB 345 creates minimum state-wide setbacks for new non-agricultural buildings along rivers and some streams because healthy rivers and streams provide economic, environmental and quality of life benefits to the people of Montana. This legislation includes a clear variance procedure, and provides incentives for local governments to create their own setbacks for local streams and rivers. In addition, it includes a grandfather clause to ensure existing homes and developments are not impacted.

Committee vote, Local Government, March 27, 2007 (Passed 7-4)

  • Those voting “yes”: Gillan, Hawks, Juneau, Laible, Moss, M. Tropila, Williams.
  • Those voting “no”: Esp, Gebhart, Murphy, O’Neil.

2nd Reading, March 30, 2007 (Failed 20-30)

Tabled

SB 363 Revise eminent domain law, Sen. Kaufmann (D-Helena): Support.

SB 363 clarifies that government may not use the power of eminent domain to take someone’s home or property, and transfer it to a private developer. Although many feel that Montana’s constitutional provisions, statutes, and case law would prevent a Kelo-like decision from happening in Montana, it makes sense to clarify our statutes.

Committee vote, Judiciary, February 15, 2007 (Passed, 12-0)

2nd Reading, February 17, 2007 (Passed on voice vote 49-1)

3rd Reading, February 18, 2007 (Passed 49-1)

HOUSE

Committee vote, Judiciary, April 2, 2007 (Concurred 16-1)

  • Only Rep. Koopman (R-Bozeman) voted no.

2nd Reading, April 4, 2007 (Concurred 99-0)

3rd Reading, April 5, 2007 (Concurred 99-0)

SB 391 Conservation easements on state lands, Sen. Weinberg (D-Whitefish)

SB 391 allows conservation easements to be granted on all school trust lands. Conservation easements allow the land to be protected from development, while preserving traditional land uses, such as ranching and farming. If a conservation easement is purchased on school trust land, the public would get to examine and comment on that agreement to see how traditional uses are affected before the easement is finalized. Furthermore, the money invested from the purchase of a conservation easement plus the money derived from annual leases or licenses can make traditional uses more financially lucrative for the schools. There are very few cases where this will be used, but it is a needed tool.

Committee vote, Natural Resources, February 19, 2007 (Passed 6-3)

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

2nd Reading, February 24, 2007 (Passed 25-24)

3rd Reading, February 26, 2007 (Passed 26-24)

HOUSE

Committee vote, Federal Relations, Energy and Telecomm., April 2, 2007 (Failed 7-5)

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

Taken from table and amended in FRET, April 4, 2007. MCV opposes these amendments, that would require the easements to be reappraised every 10 years.

Committee vote, Federal Relations, Energy and Telecomm., April 4, 2007 (Concurred as amended, 7-5)

  • Those voting “yes”: Driscoll, Gallik, Groesbeck, Olson, Thomas, Stahl, Windy Boy.
  • Those voting “no”: Boggio, Himmelberger, Jones, Klock, Rice.
SB 398 Require gravel resource report. Sen. Gebhardt (R-Roundup): Oppose.
This bill stops a local government's ability to zone for residential uses where gravel mining could be conditioned or denied. It would prevent the local government body from zoning until it puts in place a report detailing the projected need and location of sand, gravel, concrete, and asphalt resources for the next 20 years. However, the bill does not fund these studies which could cost several hundred thousands of dollars to complete.

Committee vote, Local Government, February 23, 2007 (Passed 6-5)

  • Those voting "yes": Esp, Gebhardt, Gillan, Hawks, O'Neil, M. Tropila
  • Those voting "no": Juneau, Laible, Moss, Murphy, Williams

2nd Reading, February 27, 2007 (Failed 24-25)

Tabled

SB 407 Authorizing emergency discharges of coal bed methane water, Sen. Bales (R-Otter): Oppose.

Coal bed methane (CBM) production consumes enormous amounts of water, further squeezing struggling farming and ranching families. CBM development already enjoys broad exemptions from laws governing groundwater use. SB 407 further extends the exemptions by allowing the industry to discharge water into impoundments for an undefined “emergency.” SB 407 doesn’t provide any restrictions on the size of the impoundments or the amount of water discharged, putting senior water rights holders at additional risk.

Motion to take from Natural Resources, February 23, 2007 (Passed 28-21)

2nd Reading, February 26, 2007 (Passed 30-20)

3rd Reading, February 27, 2007 (Passed 30-20)

HOUSE

Committee vote, Federal Relations, Energy and Telecomm., April 2, 2007 (Passed 7-5)

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

2nd Reading, April 19, 2007 (Passed 59-41)

3rd Reading, April 20, 2007 (Passed 62-38)

SB 420 Mercury standards for power plants, Sen. Lind (D-Missoula): Support.

Coal-fired power plants account for 92% of the human caused mercury emissions in Montana, invading our rivers, streams, and lakes and making its way into the bodies of fish and eventually humans. Mercury is a powerful neurotoxin that impairs childhood development. However, proven technologies do exist to reduce mercury emissions from power plants. This bill requires the use of those technologies to reduce mercury’s harmful effects across the state.

Committee vote, February 23, 2007 (Tabled unanimously - special action taken: bill not heard at sponsor's request)

SB 432 Generally revise biodiesel laws, Sen. Brueggeman (R-Polson): Support.

Biodiesel is cost-competitive to petroleum-based diesel, clean-burning and carbon neutral and best of all, can be produced from Montana grown oilseed crops. SB 432 assists in the development of a Montana-based biodiesel industry, benefiting farmers and ranchers by requiring all diesel fuel sold in Montana to contain at least 2% biodiesel.

Committee vote, Natural Resources, February 19 2007 (Passed, 6-3)

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

2nd Reading, February 26, 2007 (Passed 35-15)

3rd Reading, February 27, 2007 (Passed 35-14)

HOUSE

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

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

Blast motion, April 3, 2007 (Failed 47-51)

Tabled

SB 449 Fuel economy standards for state purchased vehicles, Kim Gillan (D-Billings): Support.

Increasing fuel efficiency in state vehicles reduces air pollution, including greenhouse gas emissions, and shields Montana taxpayers from future gas price spikes. SB 449 (as currently amended) would require new state fleet vehicles to meet or exceed 100% of the CAFE standard by 2008 and approves the use of alternative fuels such as biodiesel.

Committee vote, Highways and Transportation, February 22, 2007 (Passed 9-0)

2nd Reading, February 26, 2007 (Passed 49-1)

3rd Reading, February 27, 2007 (Passed 47-3)

HOUSE

Committee vote, Transportation, April 2, 2007 (Concurred 9-1)

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

2nd Reading, April 4, 2007 (Concurred 66-33)

3rd Reading, April 5, 2007 (Concurred 59-40)

Senate
Amendments concurred, April 21 (50-0) 

SJ 3 Urge funding for restoration of parks, battlefields, and monuments, Dan Weinberg (D- Whitefish): Support.

SJ 3 encourages Montana’s Congressional delegation to fully fund the National Park Service annual operations budgets and eliminate maintenance and road repair backlogs for all park, battlefield, and monument units by the National Park System centennial in 2016.

Committee vote, Education and Cultural Resources, February 6, 2007 (Passed 9-0)

2nd Reading February 7, 2007 (Passed 48-2)

3rd Reading, February 8, 2007 (Passed 45-5)

House

Committee Vote, Fish, Wildlife and Parks, April 12, 2007 (Passed 17-2)

  • Those voting “yes”: Barrett, Becker, Branae, Cordier, Driscoll, Dutton, Groesbeck, Hendrick, Hilbert, Klock, Milburn, Peterson, Phillips, Van Dyk, Vincent, Ward, Wilson.
  • Those voting “no”: Jore, Koopman.

2nd Reading, April 17, 2007 (Passed 77-23)

3rd Reading, April 18, 2007 (Passed 71-29)

Senate
Amendments Concurred, April 21, 2007 (42-8)

SJ 20 Carbon reduction timeline. Sen. Cooney (D-Helena): Support.
This measure urges Congress to enact a Federal carbon cap, which would significantly reduce world wide global warming pollution. It also encourages Congress to promote energy efficiency and renewable energy. Scientists around the world agree that the amount of pollutants such as carbon dioxide released into the atmosphere is a necessary and important step to combating climate change.

Committee vote, Natural Resources, February 24, 2007 (Passed 9-0)

2nd Reading, February 27, 2007 (Passed 29-20)

3rd Reading, February 28, 2007 (Passed 30-20)

HOUSE

Committee vote, House Natural Resources, 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.

Tabled

NOTE: Elected Officials in BOLD received the endorsement of the MCV-PAC.
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