TABLE OF CONTENTSacuratings.conservative.org/wp-content/uploads/sites/5/2019/09/Mo… · 4 acus atings of ontana 2019 c f lsla accual 2019 winners & losers senate ellsworth, jason

ACU's RATINGS of MONTANA2019

ACU's RATINGS of MONTANA2019

TABLE OF CONTENTS

Letter from the Chairman .......................................................2

Selecting the Votes .......................................................................3

2019 Winners & Losers ................................................................4

Montana Senate Statistics ......................................................5

Montana Senate Vote Descriptions ................................ 6

Montana Senate Scores ...........................................................11

Montana House Statistics ......................................................14

Montana House Vote Descriptions ................................15

Montana House Scores ..........................................................20

The nation’s gold standard to hold nearly 8,000 lawmakers accountable for their voting records.

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ACU'S Ratings of Montana 2019 | CENTER FOR LEGISLATIVE ACCOUNTABILITY

Dear Fellow Conservative,

The American Conservative Union Foundation’s Center for Legislative Accountability (CLA) is proud to present our Ratings of the Montana legislature for 2019. Like our Ratings of Congress, which date back 48 years, the CLA’s Ratings of the States are meant to reflect how elected officials view the role of government in an individual’s life. We begin with our philosophy (conservatism is the political philosophy that sovereignty resides in the person) and then apply the correct purpose of government (its essential role is to defend Life, Liberty and Property).

As a 501(c)(3) educational endeavor, these Ratings serve as a retrospective analysis to explain to voters, the media, scholars and activists how consistently lawmakers apply conservative principles when casting votes. The CLA evaluates over 100,000 bills and ultimately selects around 2,000 bills to produce scorecards for Congress and all 50 states.

Our American Experiment in self-governance depends on our ability as citizens to evaluate whether our elected officials implement policies that help people live happier, healthier, more productive lives. The CLA’s Ratings of the States equips citizens with clear and effective analysis to hold the nation’s 8,000 lawmakers accountable for their votes.

The Left has renewed its commitment to advance socialism in their zeal to fundamentally transform America. With such an important fight ahead, it’s never been more important for our elected officials to understand the proper role of government and for Americans to defend our conservative values and take action to preserve liberty.

Sincerely,

Matt Schlapp Chairman American Conservative Union Foundation

LETTER FROM THE CHAIRMAN

TO SEE MORE ACU RATINGS, PLEASE VISIT: conservative.org/ratings

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CENTER FOR LEGISLATIVE ACCOUNTABILITY | ACU'S Ratings of Montana 2019

SELECTING THE VOTES

ACU researched and selected a range of bills before the Montana legislature that determine a member’s adherence to conservative principles. We selected bills that focus on Ronald Reagan’s philosophy of the “three-legged stool”: 1) fiscal and economic: taxes, budgets, regulation, spending, healthcare, and property; 2) social and cultural: 2nd amendment, religion, life, welfare, and education; and 3) government integrity: voting, individual liberty, privacy, and transparency. This wide range of issues are designed to give citizens an accurate assessment that conveys which of Montana’s elected leaders best defend the principles of a free society: Life, Liberty and Property.

Center for Legislative Accountability Staff

Fred McGrath DirectorLuke Schneider Public Affairs & Policy Analyst

Francis Finnegan Data Analyst and ManagerLarry Hart Senior Policy Fellow

Abigail Draiss Policy FellowJoseph Johns Policy Fellow

Jonathan Moy Policy Fellow

Matt Schlapp Chairman Charlie Gerow Vice ChairmanCarolyn D. Meadows 2nd Vice ChairBob Beauprez Treasurer

Ron Christie SecretaryEd Yevoli At-LargeDan Schneider Executive Director

ACUExecutive Committee

Jackie ArendsLarry BeasleyKimberly BellissimoMorton C. BlackwellJamie BurkeJosé CárdenasMuriel ColemanSean FielerAlan M. GottliebVan D. Hipp, Jr.Dr. M. Zuhdi Jasser

KT McFarlandPriscilla O’ShaughnessyRon RobinsonMike RosePeter SamuelsonTerry SchillingMatt SmithChris TurnerBill WaltonThomas Winter

Board Members

ACUFExecutive CommitteeMatt Schlapp ChairmanMillie Hallow Vice ChairVan D. Hipp, Jr. TreasurerKimberly Bellissimo Secretary Dan Schneider Executive Director

Board Members

José CárdenasGordon ChangJonathan GarthwaiteCharlie GerowNiger InnisAdam LaxaltWilles K. LeeCarolyn D. MeadowsRandy NeugebauerThomas Winter

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2019 WINNERS & LOSERS

SENATE

ELLSWORTH, JASON

90-100% AWARD FOR CONSERVATIVE EXCELLENCE

HOUSE

BEARD, BECKY

BROWN, BOB

BURNETT, TOM

HOUSE

DEVRIES, GREG

GALT, WYLIE

SKEES, DEREK

80-89% AWARD FOR CONSERVATIVE ACHIEVEMENT

Republicans in ALL CAPS, Democratics in initial capitals, asterisk indicates independent/libertarian/other

SENATE

BLASDEL, MARK

ESP, JOHN

HINEBAUCH, STEVE

KARY, DOUG

KEENAN, BOB

SENATE

OLSZEWSKI, ALBERT

SALES, SCOTT

SMITH, CARY

VANCE, GORDON

HOUSE

BARTEL, DAN

BERGLEE, SETH

DOANE, ALAN

DUNN, DAVID

FULLER, JOHN

GLIMM, CARL

GUNDERSON, STEVE

HERTZ, GREG

HOUSE

KNUDSEN, CASEY

KNUDSEN, RHONDA

LENZ, DENNIS

MANDEVILLE, FORREST

MANZELLA, THERESA

NOLAND, MARK

REDFIELD, ALAN

REGIER, MATT

HOUSE

SHELDON-GALLOWAY, LOLA

TSCHIDA, BRAD

USHER, BARRY

WEBB, PEGGY

WHITE, KERRY

10% COALITION OF THE RADICAL LEFT≤

SENATE

MacDonald, Margie

Malek, Sue

McClafferty, Edie

HOUSE

Dunwell, Mary Ann

Hayman, Denise

Karjala, Jessica

Olsen, Andrea

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MONTANA SENATE STATISTICS

48%OVERALL AVERAGE

ANKNEY, DUANE46%

LOWEST REPUBLICAN

73%REPUBLICAN AVERAGE

13%DEMOCRAT AVERAGE

VUCKOVICH, GENE

22%

HIGHEST DEMOCRATS

MONTANA SENATE CONSERVATIVE RATINGS

RED = REPUBLICANS BLUE = DEMOCRATS

2019 ACUF PERCENTAGE

# OF STATE

SENATORS

90-100%0-9% 10-19% 30-39% 40-49% 50-59% 60-69% 70-79% 80-89%20-29%0

5

10

15

20

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1. SB 21 Infringing Parental Rights by Banning Tanning. This bill prohibits all individuals under age 18 from obtaining a tan from an ultraviolet radiation device of a tanning facility, regardless of consent from a parent or guardian. ACU supports protecting parental rights and opposes this government overreach into family decisions and opposed this bill. The Senate passed the bill on February 25, 2019 by a vote of 26-24. (The bill failed to advance in the House.)

2. SB 217 Reducing State Taxes on Social Security Income. This bill provides tax relief by exempting from taxes the first $30,000 in social security income for a single person and $60,000 for a couple (previously $25,000 and $32,000). ACU believes the social security program is the largest Ponzi scheme in world history, believes individuals should not be taxed on the miniscule returns on investment the program provides, and supported this bill. The Senate passed the bill on February 27, 2019 by a vote of 31-19 but it was vetoed by the governor.

3. HB 348 Protecting Civil Liberties by Requiring a Warrant for Game Warden Search and Seizure. This bill protects individual civil liberties by requiring game wardens to obtain a warrant before searching or seizing property. Prior to this bill, game wardens could search any property belonging to individuals whom the wardens suspected of violating Fish, Wildlife and Parks Department (FWP) rules. ACU opposes the search and seizure of any property without due process, believes game wardens are peace officers like any other and should not be able to deny due process based on suspicion of violating unlegislated FWP rules, and supported this bill. The Senate passed the bill on March 18, 2019 by a vote of 46-3 and the bill was signed into law.

4. HB 323 Protecting Public Employees’ Right to Work without Paying Union Dues. This bill protects the liberty of public employees to work without being forced to pay union dues. The bill implements the ruling made by the Supreme Court in Janus v. AFSCME which found that state laws (including previous Montana law) that force nonunion employees to pay union dues violate the First Amendment’s protection of freedoms of association and speech. ACU supports the Janus decision and the right to work without mandatory union dues or membership and supported this bill. The Senate passed the bill on March 19, 2019 by a vote of 27-22 but it was vetoed by the governor.

5. HB 327 Enacting Excessive Regulations in the “Meat” Industry. This bill interferes in the marketplace by establishing a government definition of “meat” in order to protect the farming and ranching industries from competition. The bill is in response to new “cell-cultured edible products” which are meat-substitute proteins produced by in vitro cultivation of animal cells, instead of sourced from animals raised for meat production. Under the bill, it is unlawful for cell-cultured products to be labeled “meat” or use the terms “hamburger” or “ground beef.” ACU supports a free and competitive market, opposes this blanket prohibition on labeling which is not designed to protect consumers but instead restrict competition and opposed this bill. The Senate passed the bill on March 23, 2019 by a vote of 45-4 and the bill was signed into law.

6. HB 290 Protecting the Wellbeing of Children by Enforcing Child Support. This bill helps ensure the wellbeing of children by requiring recipients of the Supplemental Nutrition Assistance Program (SNAP) to fulfill their child support obligations in order to receive benefits. ACU believes a parent’s first duty is to ensure their children are properly fed and cared for, supports this enforcement mechanism and supported this bill. The Senate passed the bill on March 28, 2019 by a vote of 28-21 but it was vetoed by the governor.

7. SB 245 Establishing a Renewable Energy Program that Places Taxpayer Funds at Risk. This bill establishes a government-run renewable energy financing program known as Property Assessed Clean Energy (PACE). The program provides up to 20 years of financing for renewable energy efficient systems in commercial properties through an additional property tax assessment. ACU does not believe it is the proper role of government to provide financing services and opposes this program which places taxpayer funds at risk in the event of default and opposed this bill. The Senate passed the bill on March 29, 2019 by a vote of 34-15. (The bill failed to advance in the House.)

MONTANA SENATE VOTE DESCRIPTIONS

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8. SB 338 Hiking Taxes to Fund Initiatives Best Served by the Private Sector. This bill imposes $9 million in new lodging taxes to finance a new Montana Historical Society museum, as well as a new grant program for historical museums and sites. ACU believes the private sector is the best institution to fund these initiatives—especially considering the Montana Historical Society has already raised over $4 million in new funding from private donors—and opposes making the state less competitive in the tourism industry by hiking lodging taxes and opposed this bill. The Senate passed the bill on March 29, 2019 by a vote of 33-16 and the bill was signed into law.

9. SB 354 Protecting Children who Survive Abortion. This bill, known as the Born-Alive Infant Protection Act, requires health care providers and abortion facilities to take all medically appropriate and reasonable steps to protect the life and health of any child who is born alive after an abortion is attempted and failed. Additionally, health care providers and abortion facilities will face criminal penalties if they do not provide appropriate and reasonable care and treatment to children who survive abortion. ACU believes abortion is a human tragedy, supports restrictions to end the practice and supported this bill. The Senate passed the bill on April 1, 2019 by a vote of 32-18 but it was vetoed by the governor.

10. HB 487 Reducing Energy Costs by Weakening a Renewable Energy Mandate. This bill will result in lower energy costs by weakening the state’s Renewable Energy Portfolio Standard (RPS), which forces utility companies to obtain at least 15% of their power from “renewable” energy sources. Under the bill, hydropower is classified as a renewable energy source, which makes it easier and less costly for utility companies to meet the 15% mandate. ACU supports all sources of energy, does not believe government should favor one source of energy over another, opposes politicized energy agendas that favor special interests and drive up energy costs for consumers and supported this bill as a step in the right direction. The Senate passed the bill on April 2, 2019 by a vote of 31-18 but it was vetoed by the governor.

11. HB 325 Protecting Second Amendment Rights by Preempting Local Restrictions. This bill prevents local governments from infringing Second Amendment rights through local gun control laws that are more restrictive than state laws. Specifically, the bill strengthens Montana’s current preemption of local laws, thereby striking down a complex patchwork of local restrictions that burden law-abiding citizens. ACU supports the founders’ belief in the Second Amendment and supported this bill. The Senate passed the bill on April 2, 2019 by a vote of 29-20 but it was vetoed by the governor.

12. HB 357 Placing the Protection Second Amendment Rights (HB 325) on the Ballot. This bill places the content of HB 325 (bill No. 11 in this guide) on the ballot should the governor veto the bill, which he did. Montanans would then vote on the issue during the next general election in November 2020. ACU supports the founders’ belief in the Second Amendment, supported HB 325, and supported this bill in light of the governor’s veto. The Senate passed the bill on April 2, 2019 by a vote of 28-21 and the bill became law without the governor’s signature.

13. HB 617 Interfering in Automobile Data Agreements and Violating Intellectual Property Rights. This bill violates the right of automotive data companies to establish and negotiate the terms of license of their software. The bill forces data companies in the automotive industry, which already have contract agreements with auto dealers, to provide free and unlimited access to their data (maintained through Dealer Management Systems) to third parties. This bill is a maneuver to force data companies to provide access to third parties, such as dealership business partners, to data company systems without compensation. ACU Foundation’s Center for 21st Century Property Rights is a leading voice on this issue and works to protect all property rights, including intellectual property and copyright software. ACU believes this bill raises significant consumer data privacy concerns and opposes this clear infringement of the right to contract and attack on intellectual property rights and opposed this bill. The Senate passed the bill on April 3, 2019 by a vote of 49-0 and the bill was signed into law.

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14. HB 584 Protecting “Utility Tokens” from Commerce-Killing Regulations. This bill exempts “utility tokens” from being considered “securities” and protects the tokens from commerce-killing financial regulations. Utility tokens are similar to cryptocurrencies such as Bitcoin but are not designed as investments, but rather are typically issued by companies in exchange for a product or service. ACU supports the free competition of currencies, opposes the Federal Reserve’s monopoly control of money and supported this bill as a step in the right direction. The Senate passed the bill April 4, 2019 by a vote of 33-15 and the bill was signed into law.

15. HB 523 Directing State Resources to Unnecessary Initiatives and Select Demographic Groups. This bill misuses scarce taxpayer resources by directing the Department of Commerce and other governmental entities to engage in activities best conducted by the private sector. Specifically, the bill directs the department to promote marketing, trade assistance and workforce development (with an emphasis on rural-based and veteran-, minority- and women-owned businesses). ACU opposes this government interference in the marketplace and the usage of taxpayer resources to provide competitive advantages to certain organizations and businesses favored by government and opposed this bill. The Senate passed the bill on April 4, 2019 by a vote of 28-20 and the bill was signed into law.

16. HB 527 Increasing Tax Burdens by Expanding “Affordable Housing.” This bill expands a tax exemption for “affordable housing” by making more residential rental properties eligible for the program. Providers of these rentals are issued tax credits for the amount of property tax they pay. ACU opposes this interference in the marketplace which oftentimes results in tax increases to make up lost revenue and opposed this bill. The Senate passed the bill on April 4, 2019 by a vote of 37-11 and the bill was signed into law.

17. HB 284 Criminalizing Physician-Assisted Suicide. This bill makes unlawful the practice of a physician killing a patient through the prescription of a lethal dose of medication. Specifically, the bill states that “a patient’s consent to physician aid in dying is not a defense to a charge of homicide against the aiding physician.” ACU Foundation’s Center for Human Dignity engages heavily on this issue and others that protect the inherent dignity and value of every human life. ACU supports efforts to uphold the physicians’ Hippocratic Oath (i.e., “First do no harm … Neither will I administer a poison to anybody when asked to do so, nor will I suggest such a course”) and opposes efforts to create a class of citizens no longer protected from coercion from medical professionals, insurance companies and heirs and supported this bill. The Senate indefinitely postponed the bill on April 5, 2019 by a vote of 33-16. (A “no” vote supported the ACU position.)

18. HB 543 Expanding Employment Opportunities by Expunging Certain Misdemeanor Criminal Records. This bill is designed to expand employment opportunities by providing individuals convicted of certain misdemeanor offenses the ability to petition a court to have their conviction expunged from public record. The bill permits the expunction to be made only once during a person’s life, requires the individual to have maintained a clean record for a period of at least five years since the offense, and requires the court to conclude that there is a low likelihood that the individual will reoffend. The Nolan Center for Justice is a leading authority on this issue and works to pursue policies that cut crime, reduce the size and scope of government and responsibly reduce incarceration rates. ACU supports expanding employment and working to eliminate recidivism through this initiative and other necessary reforms to our criminal justice system and supported this bill. The Senate passed the bill on April 8, 2019 by a vote of 35-14 and the bill was signed into law.

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19. HB 265 Increasing Government Oversight of Public Land Acquisitions. This bill helps protect taxpayer funds from being spent on unnecessary land conservation easements. Under the Habitat Montana program, the Fish and Wildlife Commission is authorized to contract with private landowners and pay them to place their land into a “conservation easement” which limits usage of the properties. This bill increases transparency and accountability by requiring approval from the state land board (comprising elected officials, including the governor, attorney general and secretary of state) for conservation easements larger than 100 acres or valued at $100,000 or greater. ACU supports increasing oversight of government spending, especially considering the substantial payments provided to select landowners under Habitat Montana, and supported this bill. The Senate passed the bill on April 8, 2019 by a vote of 26-23 but it was vetoed by the governor.

20. HB 19 Interfering in the Marketplace by Expanding an Economic Development Program. This bill further expands eligibility for an economic development program that interferes in the marketplace by providing loans and grants to businesses favored by government. Specifically, the bill increases the payouts of the economic development grants and redefines “high-poverty county” under the Big Sky Economic Development Trust Fund so that more businesses in the state are eligible for the program. ACU believes it is not the role of government to force taxpayers to invest in private businesses, that instead the free marketplace is the best system to determine investment, and opposes this redistribution program which provides competitive advantages to select businesses and opposed this bill. The Senate passed the bill on April 8, 2019 by a vote of 26-23 and the bill was signed into law.

21. HB 9 Funding Unnecessary Initiatives within the Arts. This bill provides over $400,000 for initiatives within the arts that are outside the proper role of government. Under the bill, the Montana Arts Council is directed to provide the funds (which originate from a tax imposed on coal mined in the state) to 82 various organizations within the arts and humanities. ACU opposes placing tax burdens on producers and consumers of energy in order to expand cronyism by awarding unnecessary funding to organizations favored by government and opposed this bill. The Senate passed the bill on April 9, 2019 by a vote of 33-17 and the bill was signed into law.

22. HB 302 Amending the State Constitution to Protect the Lives of Unborn Children. This bill protects the sanctity of life by calling for a state constitutional amendment to define a “person” as “all members of mankind at any stage of development, beginning at conception.” Upon passage by a two-thirds majority of both chambers of the legislature, the bill would be presented to voters on the ballot. ACU supports full protection of the lives of unborn children, believes abortion is a human tragedy and supports restrictions on the practice, and supported this bill. The Senate voted to pass the bill on April 9, 2019 by a vote of 30-20. (The bill failed to receive the required two-thirds majority vote of the entire legislature and did not qualify for the ballot.)

23. HB 146 Requiring Compliance with Federal Immigration Authorities and Banning “Sanctuary Cities.” This bill prohibits state and local entities from enacting “sanctuary city” policies that are designed to obstruct the enforcement of federal immigration law. Furthermore, the bill directs the state attorney general to investigate and fine state and local entities that fail to comply with federal immigration authorities. ACU supports efforts to help federal government perform its constitutional role in enforcing the nation’s immigration laws and supported this bill. The Senate passed the bill on April 10, 2019 by a vote of 30-20 but it was vetoed by the governor.HB 658 Extending Medicaid Expansion under Obamacare. This bill costs state and federal taxpayers nearly $800 million per year and maintains government dependency by extending to 2025 the state Medicaid program which was expanded under Obamacare. While the bill does include some needed reforms to the program, such as requirements for work, volunteer and job training for work-ready adults, the original expansion was set to expire June 20, 2019. ACU supports efforts to help people live healthier, happier, more productive lives, and efforts to reduce intergenerational poverty by encouraging individuals to become more self-sufficient and opposed this bill. The Senate passed the bill on April 16, 2019 by a vote of 28-22 and the bill was signed into law.

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24. HB 658 Extending Medicaid Expansion under Obamacare. This bill costs state and federal taxpayers nearly $800 million per year and maintains government dependency by extending to 2025 the state Medicaid program which was expanded under Obamacare. While the bill does include some needed reforms to the program, such as requirements for work, volunteer and job training for work-ready adults, the original expansion was set to expire June 20, 2019. ACU supports efforts to help people live healthier, happier, more productive lives, and efforts to reduce intergenerational poverty by encouraging individuals to become more self-sufficient and opposed this bill. The Senate passed the bill on April 16, 2019 by a vote of 28-22 and the bill was signed into law.

25. HB 431 Billing Taxpayers for Farmers’ Student Loan Debts. This bill improperly uses taxpayer funds to provide student loan forgiveness to select farmers. Under the bill, the Montana Agricultural Development Council is directed to use funds (which originate from a tax placed on coal mined in the state) to pay up to 50% of certain farmers’ outstanding post-secondary educational loans. The council is directed to prioritize funds to farmers who operate farms which practice conservation stewardship and are “members of groups that are underrepresented in farming,” among other criteria. ACU opposes imposing tax burdens on producers and consumers of energy in order to expand cronyism by forgiving the students loans of select groups of individuals and opposed this bill. The Senate passed the bill on April 16, 2019 by a vote of 36-14 and the bill was signed into law.

26. HB 751 Imposing Additional Anticompetitive Licensing Requirements for Plumbers. This bill reduces competition and makes it more difficult to obtain plumbers licenses in the state by imposing additional licensing mandates. Under the bill, aspiring plumbers must work for five years in the industry, submit to performance reviews by a licensed master plumber and receive an attestation of skill by the supervising master plumber, in addition to all other previous licensing requirements. ACU opposes the proliferation of licensing requirements that are primarily designed to restrict competition and opposed this bill. The Senate passed the bill on April 16, 2019 by a vote of 27-23 and the bill was signed into law.

27. HB 500 Banning Abortions after 20 Weeks. This bill prohibits abortions from being performed if the probable age of the unborn child is 20 weeks or older, a stage of development when the unborn child is capable of feeling pain. Under the bill, an exception is made if there is a serious health risk to the mother, which is defined as a substantial and irreversible physical impairment of a major bodily function. ACU believes abortion is a human tragedy, supports restrictions on the practice and supported this bill. The Senate passed the bill on April 18, 2019 by a vote of 31-19 but it was vetoed by the governor.

28. HB 735 Protecting Free Speech on College Campuses. This bill directs all public institutions of higher education to protect free speech and other forms of free expression. Under the bill, all outdoor areas of public campuses are considered areas of public forum and institutions are prohibited from establishing so-called “free speech zones” which, in reality, prohibit free expression in any part of campus outside the zone. ACU supports free speech as protected under the First Amendment and supported this bill. The Senate failed to override the governor’s veto of the bill on June 13, 2019 by a vote of 28-14. (A two-thirds majority vote was required.)

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MONTANA SENATE SCORES

MONTANA SENATE VOTE DETAILACU Position N Y Y Y N Y N N Y Y Y Y N Y N N N Y Y N N Y Y N N N Y Y

Party Dist.2019

%2017

%LIFETIME

AVG

SB 21

SB 217

HB

348

HB

323

HB

327

HB

290

SB 245

SB 338

SB 354

HB

487

HB

325

HB

357

HB

617

HB

584

HB

523

HB

527

HB

284

HB

543

HB

265

HB

19

HB

9

HB

302

HB

146

HB

658

HB

431

HB

751

HB

500

HB

735

ANKNEY, DUANE R 20 46% 71% 62% - + - - - + - - + + + + - + - - - + + - - + + - - - + +

Barrett, Dick D 45 14% 13% 15% - - + - - - - - - - - - - + - - - + - - - - - - + - - -

Bennett, Bryce D 50 11% 5% 8% - - + - - - - - - - - - - + - - - + - - - - - - - - - -

BLASDEL, MARK R 4 86% 91% 89% + + + + - + + + + + + + - + + - + - + + + + + + + + + +

BOGNER, KENNETH R 19 75% n/a 75% + + + + - + - + + + + + - + - - - + + + + + + + - + + +

Boland, Carlie D 12 14% 5% 10% - + + - - - - - - - - - - + - - - + - - - - - - - - - -

BROWN, DEE R 2 79% 90% 84% + + + + - + + + + + + + - - + - + - + + - + + + + + + +

Cohenour, Jill D 42 11% 8% 11% - - + - - - - - - - - - - + - - - + - - - - - - - - - -

CUFFE, MIKE R 1 71% 90% 85% + + + + - + - - + + + + - + + - - - + + - + + + + + + +

Ellis, Janet D 41 14% 5% 9% - - + - + - - - - - - - - + - - - + - - - - - - - - - -

ELLSWORTH, JASON R 43 93% n/a 93% + + + + - + + + + + + + - + + + + + + + + + + + + + + +

ESP, JOHN R 30 85% n/a 85% + + x x - + + + + + + + - - + + + - + + + + + + + + + +

FIELDER, JENNIFER R 7 n/a† 95% 95% + + + + - + - - + x x x x x x x x x x x + + + + + + + +

FITZPATRICK, STEVE R 10 57% 92% 80% + + + + - + - - + + + + - + + - + - - - - + + - - - + +

Flowers, Pat D 32 11% n/a 11% - - + - - - - - - - - - - + - - - + - - - - - - - - - -

GAUTHIER, TERRY R 40 50% 75% 63% - + + - - + - - + + + + - + - - - + + - - + + - - - + +

+ = Member voted with ACU’s position- = Member voted against ACU’s positionx = Member was absent for vote

† = Legislator did not vote on enough of the selected bills and as a result did not receive a rating for the 2019 session. Two-thirds of the selected bills must be voted on to receive a score.R = RepublicanD = Democrat

• SB 21 Infringing Parental Rights by Banning Tanning.

• SB 217 Reducing State Taxes on Social Security Income.

• HB 348 Protecting Civil Liberties by Requiring a Warrant for Game Warden Search and Seizure.

• HB 323 Protecting Public Employees’ Right to Work without Paying Union Dues.

• HB 327 Enacting Excessive Regulations in the “Meat” Industry.

• HB 290 Protecting the Wellbeing of Children by Enforcing Child Support.

• SB 245 Establishing a Renewable Energy Program that Places Taxpayer Funds at Risk.

• SB 338 Hiking Taxes to Fund Initiatives Best Served by the Private Sector.

• SB 354 Protecting Children who Survive Abortion.

• HB 487 Reducing Energy Costs by Weakening a Renewable Energy Mandate.

• HB 325 Protecting Second Amendment Rights by Preempting Local Restrictions.

• HB 357 Placing the Protection Second Amendment Rights (HB 325) on the Ballot.

• HB 617 Interfering in Automobile Data Agreements and Violating Intellectual Property Rights.

• HB 584 Protecting “Utility Tokens” from Commerce-Killing Regulations.

• HB 523 Directing State Resources to Unnecessary Initiatives and Select Demographic Groups.

• HB 527 Increasing Tax Burdens by Expanding “Affordable Housing.”

• HB 284 Criminalizing Physician-Assisted Suicide.

• HB 543 Expanding Employment Opportunities by Expunging Certain Misdemeanor Criminal Records.

• HB 265 Increasing Government Oversight of Public Land Acquisitions.

• HB 19 Interfering in the Marketplace by Expanding an Economic Development Program.

• HB 9 Funding Unnecessary Initiatives within the Arts.

• HB 302 Amending the State Constitution to Protect the Lives of Unborn Children.

• HB 146 Requiring Compliance with Federal Immigration Authorities and Banning “Sanctuary Cities.”

• HB 658 Extending Medicaid Expansion under Obamacare.

• HB 431 Billing Taxpayers for Farmers’ Student Loan Debts.

• HB 751 Imposing Additional Anticompetitive Licensing Requirements for Plumbers.

• HB 500 Banning Abortions after 20 Weeks. • HB 735 Protecting Free Speech on College

Campuses.

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Party Dist.2019

%2017

%LIFETIME

AVG

SB 21

SB 217

HB

348

HB

323

HB

327

HB

290

SB 245

SB 338

SB 354

HB

487

HB

325

HB

357

HB

617

HB

584

HB

523

HB

527

HB

284

HB

543

HB

265

HB

19

HB

9

HB

302

HB

146

HB

658

HB

431

HB

751

HB

500

HB

735

GILLESPIE, BRUCE R 9 54% n/a 54% - + + + - + - - + + + + - + - - - + + - - + + - - - + +

Gross, Jen D 25 15% 9% 12% - - + - + - - - - - - - - + - - - + - - - - - - - - - x

HINEBAUCH, STEVE R 18 89% 96% 93% + + + + - + + + + + + + - - + + + + + + + + + + + + + +

HOVEN, BRIAN R 13 68% 71% 71% - + + + - + - + + + + - - - - - + + + + + + + + - + + +

HOWARD, DAVID R 29 75% 88% 86% + + + + x x x x + + + + - - + - + - + + - + + + - + + +

Jacobson, Tom D 11 14% 14% 14% - - + - - - - - - + - - - + - - - + - - - - - - - - - -

KARY, DOUG R 22 86% 96% 91% + + + + - + + + + + + + - + + - + - + + + + + + + + + +

KEENAN, BOB R 5 82% 87% 88% - + + + - + + + + + + + - - + + + - + + + + + + + + + +

LANG, MIKE R 17 75% 83% 85% + + + + - + + - + + + + - - + + + - + + - + + + - + + +

MacDonald, Margie D 26 7% 5% 7% - - + - - - - - - - - - - - - - - + - - - - - - - - - -

Malek, Sue D 46 8% 21% 14% - - + - - - - - - - - - - x x x - + - - - - - - - - - x

McClafferty, Edie D 38 7% 21% 12% - - + - - - - - - - - - - - - - - + - - - - - - - - - -

McConnell, Nate D 48 14% 14% 12% - - + - + - - - - - - - - + - - - + - - - - - - - - - -

McNally, Mary D 24 11% 8% 12% - - + - - - - - - - - - - + - - - + - - - - - - - - - x

OLSZEWSKI, ALBERT R 6 85% 96% 88% + + + + - + + + + + + + - - + + + + + + + + + + - + + x

OSMUNDSON, RYAN R 15 71% 87% 86% + + + + - + - + + + + + - + + - - - + + - + + + - + + +

Phillips, Mike D 31 14% 14% 15% - - + - - - - - - - - - - + - - - + - - - - - - - - + -

Pomnichowski, Jp D 33 11% 13% 12% - - + - + - - - - - - - - - - - - + - - - - - - - - - x






























Campuses.

13



Party Dist.2019

%2017

%LIFETIME

AVG

SB 21

SB 217

HB

348

HB

323

HB

327

HB

290

SB 245

SB 338

SB 354

HB

487

HB

325

HB

357

HB

617

HB

584

HB

523

HB

527

HB

284

HB

543

HB

265

HB

19

HB

9

HB

302

HB

146

HB

658

HB

431

HB

751

HB

500

HB

735

REGIER, KEITH R 3 79% 96% 87% + + + + - + - + + + + + - - - + + - + + + + + + + + + +

RICHMOND, TOM R 28 54% 75% 74% - + + - - + - - + + + + - + - - - + + - - + + + - - + +

SALES, SCOTT R 35 86% 92% 91% + + + + - + + + + + + + - + + + - - + + + + + + + + + +

SALOMON, DANIEL R 47 71% 59% 73% + + + + - + - - + + + + - + + - + + + + - + + - - + + +

Sands, Diane D 49 11% 4% 11% - - + - - - - - - - - - - + - - - + - - - - - - - - - -

Sesso, Jon D 37 15% 13% 13% - - + - - - - - - + - - - + - - - + - - - - - - - - - x

SMALL, JASON R 21 52% 70% 61% + + + + - + - - + + + + - + - - - + - - - + + - - - + x

SMITH, CARY R 27 89% 96% 94% + + + + - + + + + + + + - + + + + - + + + + + + + + + +

Smith, Frank D 16 14% 13% 13% + - - - - - - - + - - - - + - - - + - - - - - - - - - -

TEMPEL, RUSS R 14 71% 71% 71% - + + + - + + - + + + + - + - + - + + + + + + - - + + +

THOMAS, FRED R 44 75% 92% 87% + + + + - + + - + + + + - - + - - + + + + + + + - + + +

VANCE, GORDON R 34 82% 92% 91% + + + + - + + + + + + + - - + + - - + + + + + + + + + +

Vuckovich, Gene D 39 22% 21% 20% + - + + - - - - + - - - - + - - - + - - - - - - - - - x

WEBB, ROGER R 23 79% 96% 89% - + + + - + + + + + + + - - + - + + + + + + + + - + + +

Webber, Susan D 8 11% 10% 10% - - + - - - - - - - - - - + - - - + - - - - - - - - - -

WELBORN, JEFFREY R 36 54% 71% 68% + + - + - - - - + + + + - + + - - + - + - + + - - - + +






























Campuses.

14


MONTANA HOUSE STATISTICS

50%OVERALL AVERAGE

GRUBBS, BRUCE35%

LOWEST REPUBLICAN

75%REPUBLICAN AVERAGE

16%DEMOCRAT AVERAGE

WINDY BOY, JONATHAN 31%

HIGHEST DEMOCRAT

MONTANA HOUSE CONSERVATIVE RATINGS

RED = REPUBLICANS BLUE = DEMOCRATS

# OF STATE REPS

2019 ACUF PERCENTAGE

90-100%0-9% 10-19% 30-39% 40-49% 50-59% 60-69% 70-79% 80-89%20-29%0

5

10

15

20

25

30

35

15


1. HB 19 Interfering in the Marketplace by Expanding an Economic Development Program. This bill further expands eligibility for an economic development program that interferes in the marketplace by providing loans and grants to businesses favored by government. Specifically, the bill increases the payouts of the economic development grants and redefines “high-poverty county” under the Big Sky Economic Development Trust Fund so that more businesses in the state are eligible for the program. ACU believes it is not the role of government to force taxpayers to invest in private businesses, that instead the free marketplace is the best system to determine investment, and opposes this redistribution program which provides competitive advantages to select businesses and opposed this bill. The House passed the bill on January 30, 2019 by a vote of 64-36 and the bill was signed into law.

2. HB 148 Instituting Greater Fiscal Responsibility by Requiring a Super-Majority to Increase Taxes. This bill helps restrain government spending and protect taxpayers by requiring a two-thirds majority vote of the legislature in order to impose a new tax or raise an existing tax or fee. ACU supports this vital measure to rein in rampant and unnecessary spending which harms taxpayers, believes tax increases should only be a measure of last resort and supported this bill. The House passed the bill on February 4, 2019 by a vote of 53-46. (The bill failed to advance in the Senate.)

3. HB 146 Requiring Compliance with Federal Immigration Authorities and Banning “Sanctuary Cities.” This bill prohibits state and local entities from enacting “sanctuary city” policies that are designed to obstruct the enforcement of federal immigration law. Furthermore, the bill directs the state attorney general to investigate and fine state and local entities that fail to comply with federal immigration authorities. ACU supports efforts to help federal government perform its constitutional role in enforcing the nation’s immigration laws and supported this bill. The House passed the bill on February 12, 2019 by a vote of 58-41 but it was vetoed by the governor.

4. HB 296 Restoring Individual Freedoms by Removing a Ban on Fireworks. This bill restores certain individual freedoms by eliminating a ban on the purchase and discharge of certain types of consumer fireworks, including skyrockets, roman candles and bottle rockets. ACU supports expanding individual freedoms and continuing the American tradition of the responsible use of fireworks to celebrate festive events and supported this bill. The House passed the bill on February 13, 2019 by a vote of 72-28. (The bill failed to advance in the Senate.)

5. HB 348 Protecting Civil Liberties by Requiring a Warrant for Game Warden Search and Seizure. This bill protects individual civil liberties by requiring game wardens to obtain a warrant before searching or seizing property. Prior to this bill, game wardens could search any property belonging to individuals whom the wardens suspected of violating Fish, Wildlife and Parks Department (FWP) rules. ACU opposes the search and seizure of any property without due process, believes game wardens are peace officers like any other and should not be able to deny due process based on suspicion of violating unlegislated FWP rules, and supported this bill. The House passed the bill on February 13, 2019 by a vote of 97-3 and the bill was signed into law.

6. HB 323 Protecting Public Employees’ Right to Work without Paying Union Dues. This bill protects the liberty of public employees to work without being forced to pay union dues. The bill implements the ruling made by the Supreme Court in Janus v. AFSCME which found that state laws (including previous Montana law) that force nonunion employees to pay union dues violate the First Amendment’s protection of freedoms of association and speech. ACU supports the Janus decision and the right to work without mandatory union dues or membership and supported this bill. The House passed the bill on February 14, 2019 by a vote of 55-42 but it was vetoed by the governor.

MONTANA HOUSE VOTE DESCRIPTIONS

16


7. HB 284 Criminalizing Physician-Assisted Suicide. This bill makes unlawful the practice of a physician killing a patient through the prescription of a lethal dose of medication. Specifically, the bill states that “a patient’s consent to physician aid in dying is not a defense to a charge of homicide against the aiding physician.” ACU Foundation’s Center for Human Dignity engages heavily on this issue and others that protect the inherent dignity and value of every human life. ACU supports efforts to uphold the physicians’ Hippocratic Oath (i.e., “First do no harm … Neither will I administer a poison to anybody when asked to do so, nor will I suggest such a course”) and opposes efforts to create a class of citizens no longer protected from coercion from medical professionals, insurance companies and heirs and supported this bill. The House passed the bill on February 15, 2019 by a vote of 53-46. (The bill was defeated in the Senate.)

8. HB 302 Amending the State Constitution to Protect the Lives of Unborn Children. This bill protects the sanctity of life by calling for a state constitutional amendment to define a “person” as “all members of mankind at any stage of development, beginning at conception.” Upon passage by a two-thirds majority of both chambers of the legislature, the bill would be presented to voters on the ballot. ACU supports full protection of the lives of unborn children, believes abortion is a human tragedy and supports restrictions on the practice, and supported this bill. The House passed the bill on February 15, 2019 by a vote of 56-43. (The bill failed to receive the required two-thirds majority vote of the entire legislature and did not qualify for the ballot.)

9. HB 265 Increasing Government Oversight of Public Land Acquisitions. This bill helps protect taxpayer funds from being spent on unnecessary land conservation easements. Under the Habitat Montana program, the Fish and Wildlife Commission is authorized to contract with private landowners and pay them to place their land into a “conservation easement” which limits usage of the properties. This bill increases transparency and accountability by requiring approval from the state land board (comprising elected officials, including the governor, attorney general and secretary of state) for conservation easements larger than 100 acres or valued at $100,000 or greater. ACU supports increasing oversight of government spending, especially considering the substantial payments provided to select landowners under Habitat Montana, and supported this bill. The House passed the bill on February 18, 2019 by a vote of 54-44 but it was vetoed by the governor.

10. HB 325 Protecting Second Amendment Rights by Preempting Local Restrictions. This bill prevents local governments from infringing Second Amendment rights through local gun control laws that are more restrictive than state laws. Specifically, the bill strengthens Montana’s current preemption of local laws, thereby striking down a complex patchwork of local restrictions that burden law-abiding citizens. ACU supports the founders’ belief in the Second Amendment and supported this bill. The House passed the bill on February 21, 2019 by a vote of 57-42 but it was vetoed by the governor.

11. HB 357 Placing the Protection Second Amendment Rights (HB 325) on the Ballot. This bill places the content of HB 325 (bill No. 11 in this guide) on the ballot should the governor veto the bill, which he did. Montanans would then vote on the issue during the next general election in November 2020. ACU supports the founders’ belief in the Second Amendment, supported HB 325, and supported this bill in light of the governor’s veto. The House passed the bill on February 21, 2019 by a vote of 56-43 and the bill became law without the governor’s signature.

12. HB 290 Protecting the Wellbeing of Children by Enforcing Child Support. This bill helps ensure the wellbeing of children by requiring recipients of the Supplemental Nutrition Assistance Program (SNAP) to fulfill their child support obligations in order to receive benefits. ACU believes a parent’s first duty is to ensure their children are properly fed and cared for, supports this enforcement mechanism and supported this bill. The House passed the bill on February 22, 2019 by a vote of 54-44 but it was vetoed by the governor.

13. HB 487 Reducing Energy Costs by Weakening a Renewable Energy Mandate. This bill will result in lower energy costs by weakening the state’s Renewable Energy Portfolio Standard (RPS), which forces utility companies to obtain at least 15% of their power from “renewable” energy sources. Under the bill, hydropower is classified as a renewable energy source, which makes it easier and less costly for utility companies to meet the 15% mandate. ACU supports all sources of energy, does not believe government should favor one source of energy over another, opposes politicized energy agendas that favor special interests and drive up energy costs for consumers and supported this bill as a step in the right direction. The House passed the bill on February 25, 2019 by a vote of 64-32 but it was vetoed by the governor.

17


14. HB 527 Increasing Tax Burdens by Expanding “Affordable Housing.” This bill expands a tax exemption for “affordable housing” by making more residential rental properties eligible for the program. Providers of these rentals are issued tax credits for the amount of property tax they pay. ACU opposes this interference in the marketplace which oftentimes results in tax increases to make up lost revenue and opposed this bill. The House passed the bill on February 28, 2019 by a vote of 86-13 and the bill was signed into law.

15. HB 547 Prohibiting Employers from Seeking the Salary History of Job Applicants. This bill violates the rights of employees and employers to freely contract during the hiring process. Under the bill, employers are prohibited from seeking the salary history of prospective employees and employers may not require employees to keep their wages confidential. ACU supports the right of employees and employers to freely contract and believes salary history is a legitimate line of inquiry, especially considering since it is required for federal government positions, and opposed this bill. The House passed the bill on February 28, 2019 by a vote of 52-47. (The bill failed to advance in the Senate.)

16. HB 584 Protecting “Utility Tokens” from Commerce-Killing Regulations. This bill exempts “utility tokens” from being considered “securities” and protects the tokens from commerce-killing financial regulations. Utility tokens are similar to cryptocurrencies such as Bitcoin but are not designed as investments, but rather are typically issued by companies in exchange for a product or service. ACU supports the free competition of currencies, opposes the Federal Reserve’s monopoly control of money and supported this bill as a step in the right direction. The House passed the bill on February 28, 2019 by a vote of 88-11 and the bill was signed into law.

17. HB 575 Protecting Religious and Individual Freedoms in Day Care Enrollment. This bill strengthens religious and individual freedoms by preventing government from forcing parents to subject their children to additional vaccinations in order for children to enroll in day care. Under the bill, day care providers are able to establish their own vaccination policies and government may not force day care providers to deny enrollment for lack of vaccination. ACU supports the founders’ belief in the First Amendment and supports strengthening religious liberty and parental rights and supported this bill. The House defeated the bill on February 28, 2019 by a vote of 32-68.

18. HB 536 Establishing Automatic Voter Registration. This bill completely flips the voter registration process at voter registration agencies (such as the Montana Motor Vehicle Division) by automatically registering an individual to vote and requiring them to opt out. ACU opposes this measure which weakens ballot integrity and makes it easier to commit vote fraud, which suppresses legal votes, and opposed this bill. The House passed the bill on March 1, 2019 by a vote of 58-41. (The bill failed to advance in the Senate.)

19. HB 542 Discouraging Self-Sufficiency and Substance Abuse Recovery by Weakening Welfare Work Requirements. This bill discourages self-sufficiency by no longer requiring work-ready adults without children to participate in employment and job training programs to obtain welfare if they are undergoing substance abuse treatment. Specifically, the bill amends the participation requirements under the Temporary Assistance for Needy Families program (TANF) to classify substance use disorder treatment as a qualifying employment and training activity. ACU strongly encourages people recovering from substance abuse to seek treatment, and we believe, as many studies have shown, that employment and job training are equally important to recovery and help promote the development of life skills that are key to sustaining victory over substance abuse, and opposed this bill. The House passed the bill on March 1, 2019 by a vote of 60-39. (The bill failed to advance in the Senate.)

20. HB 543 Expanding Employment Opportunities by Expunging Certain Misdemeanor Criminal Records. This bill is designed to expand employment opportunities by providing individuals convicted of certain misdemeanor offenses the ability to petition a court to have their conviction expunged from public record. The bill permits the expunction to be made only once during a person’s life, requires the individual to have maintained a clean record for a period of at least five years since the offense, and requires the court to conclude that there is a low likelihood that the individual will reoffend. The Nolan Center for Justice is a leading authority on this issue and works to pursue policies that cut crime, reduce the size and scope of government and responsibly reduce incarceration rates. ACU supports expanding employment and working to eliminate recidivism through this initiative and other necessary reforms to our criminal justice system and supported this bill. The House passed the bill on March 1, 2019 by a vote of 91-8 and the bill was signed into law.

18


21. HB 9 Funding Unnecessary Initiatives within the Arts. This bill provides over $400,000 for initiatives within the arts that are outside the proper role of government. Under the bill, the Montana Arts Council is directed to provide the funds (which originate from a tax imposed on coal mined in the state) to 82 various organizations within the arts and humanities. ACU opposes placing tax burdens on producers and consumers of energy in order to expand cronyism by awarding unnecessary funding to organizations favored by government and opposed this bill. The House passed the bill on March 23, 2019 by a vote of 63-28 and the bill was signed into law.

22. SB 217 Reducing State Taxes on Social Security Income. This bill provides tax relief by exempting from taxes the first $30,000 in social security income for a single person and $60,000 for a couple (previously $25,000 and $32,000). ACU believes the social security program is the largest Ponzi scheme in world history, believes individuals should not be taxed on the miniscule returns on investment the program provides, and supported this bill. The House passed the bill on March 23, 2019 by a vote of 52-39 but it was vetoed by the governor.

23. HB 327 Enacting Excessive Regulations in the “Meat” Industry. This bill interferes in the marketplace by establishing a government definition of “meat” in order to protect the farming and ranching industries from competition. The bill is in response to new “cell-cultured edible products” which are meat-substitute proteins produced by in vitro cultivation of animal cells, instead of sourced from animals raised for meat production. Under the bill, it is unlawful for cell-cultured products to be labeled “meat” or use the terms “hamburger” or “ground beef.” ACU supports a free and competitive market, opposes this blanket prohibition on labeling which is not designed to protect consumers but instead restrict competition and opposed this bill. The House passed the bill on March 28, 2019 by a vote of 75-21 and the bill was signed into law.

24. HB 630 Exempting Bitcoin and Virtual Currencies from Taxation. This bill helps establish a competitive currency market by exempting virtual currencies such as Bitcoin from taxation. ACU supports the free competition of currencies, opposes the Federal Reserve’s monopoly control of money and supported this bill. The House passed the bill on March 28, 2019 by a vote of 65-31. (The bill failed to advance in the Senate.)

25. HB 500 Banning Abortions after 20 Weeks. This bill prohibits abortions from being performed if the probable age of the unborn child is 20 weeks or older, a stage of development when the unborn child is capable of feeling pain. Under the bill, an exception is made if there is a serious health risk to the mother, which is defined as a substantial and irreversible physical impairment of a major bodily function. ACU believes abortion is a human tragedy, supports restrictions on the practice and supported this bill. The House passed the bill on March 29, 2019 by a vote of 59-39 but it was vetoed by the governor.

26. HB 710 Forcing Drug Companies to Disclose Pricing and other Confidential Information. This bill forces certain drug manufacturers to file an annual report with state government if they sell a prescription drug with a wholesale price over $100 (for a one-month supply) and raise the price of the drug by 10% or more over a four-year period. The report must include a long list of private information such as research and development costs of the drug, factors that contributed to the price increase, advertising costs and sales revenue. ACU opposes this interference in the marketplace which forces the disclosure of confidential and competitively sensitive information and, in the end, may discourage research and development of future life-saving drugs, and opposed this bill. The House passed the bill on April 1, 2019 by a vote of 75-24. (The bill failed to advance in the Senate.)

27. HB 751 Imposing Additional Anticompetitive Licensing Requirements for Plumbers. This bill reduces competition and makes it more difficult to obtain plumbers licenses in the state by imposing additional licensing mandates. Under the bill, aspiring plumbers must work for five years in the industry, submit to performance reviews by a licensed master plumber and receive an attestation of skill by the supervising master plumber, in addition to all other previous licensing requirements. ACU opposes the proliferation of licensing requirements that are primarily designed to restrict competition and opposed this bill. The House passed the bill on April 1, 2019 by a vote of 59-40 and the bill was signed into law.

19


28. HB 523 Directing State Resources to Unnecessary Initiatives and Select Demographic Groups. This bill misuses scarce taxpayer resources by directing the Department of Commerce and other governmental entities to engage in activities best conducted by the private sector. Specifically, the bill directs the department to promote marketing, trade assistance and workforce development (with an emphasis on rural-based and veteran-, minority- and women-owned businesses). ACU opposes this government interference in the marketplace and the usage of taxpayer resources to provide competitive advantages to certain organizations and businesses favored by government and opposed this bill. The House passed the bill on April 10, 2019 by a vote of 69-30 and the bill was signed into law.

29. HB 617 Interfering in Automobile Data Agreements and Violating Intellectual Property Rights. This bill violates the right of automotive data companies to establish and negotiate the terms of license of their software. The bill forces data companies in the automotive industry, which already have contract agreements with auto dealers, to provide free and unlimited access to their data (maintained through Dealer Management Systems) to third parties. This bill is a maneuver to force data companies to provide access to third parties, such as dealership business partners, to data company systems without compensation. ACU Foundation’s Center for 21st Century Property Rights is a leading voice on this issue and works to protect all property rights, including intellectual property and copyright software. ACU believes this bill raises significant consumer data privacy concerns and opposes this clear infringement of the right to contract and attack on intellectual property rights and opposed this bill. The House passed the bill on April 10, 2019 by a vote of 96-3 and the bill was signed into law.

30. SB 354 Protecting Children who Survive Abortion. This bill, known as the Born-Alive Infant Protection Act, requires health care providers and abortion facilities to take all medically appropriate and reasonable steps to protect the life and health of any child who is born alive after an abortion is attempted and failed. Additionally, health care providers and abortion facilities will face criminal penalties if they do not provide appropriate and reasonable care and treatment to children who survive abortion. ACU believes abortion is a human tragedy, supports restrictions to end the practice and supported this bill. The House passed the bill on April 16, 2019 by a vote of 54-43 but it was vetoed by the governor.

31. HB 431 Billing Taxpayers for Farmers’ Student Loan Debts. This bill improperly uses taxpayer funds to provide student loan forgiveness to select farmers. Under the bill, the Montana Agricultural Development Council is directed to use funds (which originate from a tax placed on coal mined in the state) to pay up to 50% of certain farmers’ outstanding post-secondary educational loans. The council is directed to prioritize funds to farmers who operate farms which practice conservation stewardship and are “members of groups that are underrepresented in farming,” among other criteria. ACU opposes imposing tax burdens on producers and consumers of energy in order to expand cronyism by forgiving the students loans of select groups of individuals and opposed this bill. The House passed the bill on April 18, 2018 by a vote of 69-27 and the bill was signed into law.

32. SB 338 Hiking Taxes to Fund Initiatives Best Served by the Private Sector. This bill imposes $9 million in new lodging taxes to finance a new Montana Historical Society museum, as well as a new grant program for historical museums and sites. ACU believes the private sector is the best institution to fund these initiatives—especially considering the Montana Historical Society has already raised over $4 million in new funding from private donors—and opposes making the state less competitive in the tourism industry by hiking lodging taxes and opposed this bill. The House passed the bill on April 25, 2019 by a vote of 58-40 and the bill was signed into law.

33. HB 658 Extending Medicaid Expansion under Obamacare. This bill costs state and federal taxpayers nearly $800 million per year and maintains government dependency by extending to 2025 the state Medicaid program which was expanded under Obamacare. While the bill does include some needed reforms to the program, such as requirements for work, volunteer and job training for work-ready adults, the original expansion was set to expire June 20, 2019. ACU supports efforts to help people live healthier, happier, more productive lives, and efforts to reduce intergenerational poverty by encouraging individuals to become more self-sufficient and opposed this bill. The House passed the bill on April 18, 2019 by a vote of 61-35 and the bill was signed into law.

34. HB 735 Protecting Free Speech on College Campuses. This bill directs all public institutions of higher education to protect free speech and other forms of free expression. Under the bill, all outdoor areas of public campuses are considered areas of public forum and institutions are prohibited from establishing so-called “free speech zones” which, in reality, prohibit free expression in any part of campus outside the zone. ACU supports free speech as protected under the First Amendment and supported this bill. The House failed to override the governor’s veto of the bill on June 13, 2019 by a vote of 56-20. (A two-thirds majority vote was required.)

20


MONTANA HOUSE SCORES

MONTANA HOUSE VOTE DETAILACU Position N Y Y Y Y Y Y Y Y Y Y Y Y N N Y Y N N Y N Y N Y Y N N N N Y N N N Y

Party Dist.2019

%2017

%LIFETIME

AVG

HB

19

HB

148

HB

146

HB

296

HB

348

HB

323

HB

284

HB

302

HB

265

HB

325

HB

357

HB

290

HB

487

HB

527

HB

547

HB

584

HB

575

HB

536

HB

542

HB

543

HB

9

SB 217

HB

327

HB

630

HB

500

HB

710

HB

751

HB

523

HB

617

SB 354

HB

431

SB 338

HB

658

HB

735

Abbott, Kim D 83 18% 5% 11% - - - - + - - - - - - - - - - + - - - + - - + + - - - - + - - - - x

ANDERSON, FRED R 20 64% 76% 70% + - x + + + + + + + + - + - + + - - + + - + - + + - + - - + - + - +

Bachmeier, Jacob D 28 21% 10% 15% - - - + + - - - - + + - - - - + - - - + - - - + - - - - - - - - - -

Bahr, Jade D 50 19% n/a 19% - x - + + - - - - - + - - - - + - - - + - - - + - - - - - - - - - x

BALLANCE, NANCY R 87 65% 86% 81% - + + + + + + + + + + + + - - + - + - + - + - + + + - + - + - - - +

BARTEL, DAN R 29 89% 81% 85% + + + + + + + + + + + + + - + + - + + + + + - + + + + x x x x x x +

BEARD, BECKY R 80 91% 90% 91% + + + + + + + + + + + + + - + + + + + + + + - + + + + + - + + + + +

BEDEY, DAVID R 86 65% n/a 65% - + + + + + + + + + + + + - + + - + + + - + - + + - - - - + - - - +

BERGLEE, SETH R 58 84% 100% 95% + + + + + + + + + + + + x - + + + + + + - + - + + - + + - + x + x +

Bessette, Barbara D 24 23% n/a 23% - - - + + - - - - - - - + - - + - - - + x x + + - - - - - - - - - x

Bishop, Laurie D 60 18% 10% 14% - - - + + - - - - - - - - - - + - - - + - - + + - - - - - - - - - x

BROWN, BOB R 13 91% 95% 90% + + + + + + + + + + + + + + + + + + + + + + - - + + + + - + + + + +

Brown, Zach D 63 18% 19% 15% - - - + + - - - - - - - - - - + - - - + - - - + - - - - + - - - - x

BURNETT, TOM R 67 91% 95% 95% + + + + + + + + + + + + + + + + - + + + + - + - x + + + + + + + + +

BUTTREY, EDWARD R 21 59% 67% 64% - + + + + + + + + + + + + - + + - - - + - + - + + - - - - + - - - +




• HB 148 Instituting Greater Fiscal Responsibility by Requiring a Super-Majority to Increase Taxes.


• HB 296 Restoring Individual Freedoms by Removing a Ban on Fireworks.



• HB 284 Criminalizing Physician-Assisted Suicide. • HB 302 Amending the State Constitution to Protect

the Lives of Unborn Children.• HB 265 Increasing Government Oversight of Public

Land Acquisitions.






• HB 547 Prohibiting Employers from Seeking the Salary History of Job Applicants.


• HB 575 Protecting Religious and Individual Freedoms in Day Care Enrollment.

• HB 536 Establishing Automatic Voter Registration.

• HB 542 Discouraging Self-Sufficiency and Substance Abuse Recovery by Weakening Welfare Work Requirements.


• HB 9 Funding Unnecessary Initiatives within the Arts.• SB 217 Reducing State Taxes on Social Security

Income. • HB 327 Enacting Excessive Regulations in the “Meat”

Industry. • HB 630 Exempting Bitcoin and Virtual Currencies

from Taxation.• HB 500 Banning Abortions after 20 Weeks. • HB 710 Forcing Drug Companies to Disclose Pricing

and other Confidential Information.• HB 751 Imposing Additional Anticompetitive

Licensing Requirements for Plumbers.



• SB 354 Protecting Children who Survive Abortion• HB 431 Billing Taxpayers for Farmers’ Student Loan

Debts. • SB 338 Hiking Taxes to Fund Initiatives Best Served

by the Private Sector.• HB 658 Extending Medicaid Expansion under

Obamacare. • HB 735 Protecting Free Speech on College

Campuses.

21



Party Dist.2019

%2017

%LIFETIME

AVG

HB

19

HB

148

HB

146

HB

296

HB

348

HB

323

HB

284

HB

302

HB

265

HB

325

HB

357

HB

290

HB

487

HB

527

HB

547

HB

584

HB

575

HB

536

HB

542

HB

543

HB

9

SB 217

HB

327

HB

630

HB

500

HB

710

HB

751

HB

523

HB

617

SB 354

HB

431

SB 338

HB

658

HB

735

Caferro, Mary D 81 15% n/a 15% - - - - + - - - - - - - - - - + - - - + - - + + - - - - - - - - - x

Curdy, Willis D 98 15% 10% 11% - - - - + - - - - - - + x - - + - - - + - - - + - - - - - - - - - -

CUSTER, GERALDINE R 39 39% 71% 58% - - + + + + + + - - - - + - - + - - - + - + - + + - - - - + - - - x

DEVRIES, GREG R 75 91% n/a 91% + + + + + + + + + + + + + + + + + + + + + + - - + + + + - + + + + +

DOANE, ALAN R 36 85% 95% 91% + + + + + + + + + + + + + - + + + + + + + + - - + - + + - + + + + +

DOOLING, JULIE R 70 62% n/a 62% - + + + + + + + + + + + + - + + - - + + - + - - + - - - - + - - + +

Dudik, Kimberly D 94 12% 5% 8% - - - - + - - - - - - - - - - + - - - + - - - + - - - - - - - - - x

DUNN, DAVID R 9 88% n/a 88% + + + + + + + + + + + + + - + + + + + + + + - - + + + + - + + + + +

Dunwell, Mary Ann D 84 9% 5% 7% - - - - + - - - - - - - - - - + - - - + - - - - - - - - - - - - - -

DURAM, NEIL R 2 76% n/a 76% + + + + - + + + + + - + + - + + + + + - + + - - + - + + - + + + + +

Farris-Olsen, Robert D 79 15% n/a 15% - - - - + - - - - - - - - - - + - - - + - - + + - - - - - - - - - x

Fern, Dave D 5 12% 14% 13% - - - - + - - - - - - - - - - + - - - + - - - + - - - - - - - - - -

FITZGERALD, ROSS R 17 53% 71% 62% - + + - + + + + + + + + + - - + - - - + - + - + + - - - - + - - - +

FLEMING, FRANK R 51 79% n/a 79% + + + + + + + + + + + - + - + + + + + + - + - + + + + - - + - + + +

FULLER, JOHN R 8 85% n/a 85% + + + + + + + + + + + + + - + - + + + - + + - + + + + + - + + + + +

Funk, Moffie D 82 12% 5% 10% - - - - + - - - - - - - - - - + - - - + - - - + - - - - - - - - - -

GALT, WYLIE R 30 91% 90% 91% + + + + + + + + + + + + + - + + + + + + + + - + + + + + - + + + + +











Land Acquisitions.
























Campuses.

22



Party Dist.2019

%2017

%LIFETIME

AVG

HB

19

HB

148

HB

146

HB

296

HB

348

HB

323

HB

284

HB

302

HB

265

HB

325

HB

357

HB

290

HB

487

HB

527

HB

547

HB

584

HB

575

HB

536

HB

542

HB

543

HB

9

SB 217

HB

327

HB

630

HB

500

HB

710

HB

751

HB

523

HB

617

SB 354

HB

431

SB 338

HB

658

HB

735

GARCIA, RODNEY R 52 55% n/a 55% - + + + + + + + + + + + + - - - - + - + - + - - + - - - - x x - x +

GARNER, FRANK R 7 53% 71% 68% - + + + + + + + + + + + + - - + - - - - - + - + + - - - - + - - - +

GLIMM, CARL R 6 88% 95% 93% + + + + + + + + + + + + + + + + + + + - + + - - + + + + - + + x + +

GREEF, SHARON R 88 62% 76% 79% - + + + + + + + + + + + + - - + - - - + - + - + + - + - - + - + - +

GRUBBS, BRUCE R 68 35% 71% 53% - - + + + + - - - - - + + - - + - - - + - + - + + - - - - - - - - +

GUNDERSON, STEVE R 1 82% 95% 89% - + + + + x + + + + + + + - + + + + + + + + + - + - + + - + - + + +

Hamilton, Jim D 61 16% 10% 13% - - - - + - - - - - - - x - - + - - - + - - + + - - - - - - - - - x

Hamlett, Bradley D 23 24% 52% 38% - - + - + - - - - - - + + - - + - - - + - - - + + - - - - - - - - x

Harvey, Derek D 74 15% n/a 15% - - - - - - - - - - - - + - - + - - - + - - + + - - - - - - - - - -

Hayman, Denise D 66 6% 10% 8% - - - - + - - - - - - - - - - - - - - + - - x x - - - - - - - - - -

HERTZ, GREG R 12 81% 95% 92% - + + + + + x x + + + + + - + + + + + + + + - - + - + + - + + + + +

HOLMLUND, KEN-NETH

R 38 59% 81% 77% + - + + + + + + + + + + + - + + - - - + - - - + + + - - - + - - - +

HOPKINS, MIKE R 92 62% 71% 67% - + + + + + + + + + + - + - - + - - + + - + - + + - + - - + - + - +

JONES, LLEW R 18 65% 79% 74% + + + + + + + + + + + + + - + + - - + + - + - + + - - - - + - - - +

Karjala, Jessica D 48 10% 10% 9% - - - + + - - - - - - - - - - - - - - + - - x x - - - - - - - - - x

KASSMIER, JOSHUA R 27 78% n/a 78% + + + + + + + + + + + + + - + + - + + + x x - - + - + - - + + + + +

Keane, Jim D 73 22% 38% 30% - - - + + x - - - - - - + - - + - - - + - - + + - - - - - - - - - x











Land Acquisitions.
























Campuses.

23



Party Dist.2019

%2017

%LIFETIME

AVG

HB

19

HB

148

HB

146

HB

296

HB

348

HB

323

HB

284

HB

302

HB

265

HB

325

HB

357

HB

290

HB

487

HB

527

HB

547

HB

584

HB

575

HB

536

HB

542

HB

543

HB

9

SB 217

HB

327

HB

630

HB

500

HB

710

HB

751

HB

523

HB

617

SB 354

HB

431

SB 338

HB

658

HB

735

Kelker, Kathy D 47 15% 19% 14% - - - - + - - - - - - - - - - + - - - + - - + + - - - - - - - - - -

Keogh, Connie D 91 12% n/a 12% - - - - + - - - - - - - - - - + - - - + - - - + - - - - - - - - - -

Kerr-Carpenter, Emma

D 49 12% n/a 12% - - - - + - - - - - - - - - - + - - - + - - - + - - - - - - - - - x

KNUDSEN, CASEY R 33 84% 95% 90% + + + + + + - + + + + + + - + + + + + + x x - + + + + - - + + + + +

KNUDSEN, RHONDA R 34 88% 90% 93% + + + + + + + + + + + + + - + + + + + + + + - - + + + + - + + + + +

KRAUTTER, JOEL R 35 56% n/a 56% - + + + + + + + + + + + + - - + - - - + - + - - + - - - - + - + - +

Krotkov, Jasmine D 25 15% n/a 15% - - - - + - - - - - - - - - - + - - - + - - + + - - - - - - - - - -

LENZ, DENNIS R 53 82% 95% 89% + + + + + + + + + + + + + - + + + + - + + + - - + + + + - + - + + +

LOGE, DENLEY R 14 68% 71% 70% - + + + + + + + + + + + + - - + - - + + - + - + + - + - - + + + - +

Lynch, Ryan D 76 15% 14% 14% - - - - + - - - - - - - + - - - - - - + - - + + - - - - - - - - - x

MANDEVILLE, FOR-REST

R 57 82% 86% 89% - + + + + + + + + + + + + - + + - + + + + + - + + - + + - + + + + +

MANZELLA, THE-RESA

R 85 85% 86% 86% + + + + + + + + + + + + + + + + + + + - + + - - + - + + - + + + + +

Marler, Marilyn D 90 12% n/a 12% - - - - + - - - - - - - - - - + - - - + - - - + - - - - - - - - - -

MCKAMEY, WENDY R 19 62% 86% 81% + + + + - + + + + + + + + - + + - + - + - + - - + - - + - + - - - +

MERCER, BILL R 46 76% n/a 76% + + + + + + + + + + + + + - + - - + + + - + - - + + + + - + - + + +











Land Acquisitions.
























Campuses.

24



Party Dist.2019

%2017

%LIFETIME

AVG

HB

19

HB

148

HB

146

HB

296

HB

348

HB

323

HB

284

HB

302

HB

265

HB

325

HB

357

HB

290

HB

487

HB

527

HB

547

HB

584

HB

575

HB

536

HB

542

HB

543

HB

9

SB 217

HB

327

HB

630

HB

500

HB

710

HB

751

HB

523

HB

617

SB 354

HB

431

SB 338

HB

658

HB

735

MOORE, ERIC R 37 74% 87% 91% + + + + + + - + + + + + + - + + - + - + + + - + + + - - - + + + - +

MOORE, TERRY R 54 74% n/a 74% + - + + + + + + + + + + + - + + + + - + - + - - + - + - - + + + + +

Morigeau, Shane D 95 18% 5% 11% - - - + + - - - - - - - - - - + - - - + - - + + - - - - - - - - - x

MORTENSEN, DALE R 44 n/a† 95% 94% + + + + + + + + x x x x x x x x + x x x x x x x x - + + - + - - + x

NOLAND, MARK R 10 85% 90% 89% + + + + + + + + + + + x + + + + + + + - + + - - + + + - - + + + + +

Olsen, Andrea D 100 6% 10% 8% - - - - + - - - - - - - - - - - - - - + - - - - - - - - - - - - - -

Peppers, Rae D 41 15% 14% 12% - - - + + - - - - - - - - - - + - - - + - - + - - - - - - - - - - x

Perry, Zac D 3 18% 19% 15% - - - + + - - - - - - - - - - + - - - + - - + + - - - - - - - - - -

Pierson, Gordon D 78 21% 14% 14% - - - + + - - - - + - - + - - + - - - + - - - + - - - - - - - - - -

Pope, Christopher D 65 18% n/a 13% - - - + + - - - - - - - - - - + - - - + - - + + - - - - - - - - - -

READ, JOE R 93 76% n/a 76% - + + + + - + + + + + + + - + + + + + + + + - + + - + - - + - + + +

REDFIELD, ALAN R 59 82% 90% 91% + + + + + + + + + + + + + - + + + - + + + + - - + + - + - + + + + +

REGIER, MATT R 4 88% 95% 93% + + + + + + + + + + + + + + + - + + + - + + - + + + + + - + + + + +

RICCI, VINCE R 55 71% 90% 87% - + + + + x + + + + + + + - + - + + - + x x - - + - + + - + - + + +

Runningwolf, Tyson D 16 17% n/a 17% - - - + + - - - - - - - - - - + - - - + - + x x - x x - - - - - - -

Ryan, Marilyn D 99 15% 10% 12% - - - - + - - - - - - - - - - + - - - + - - + + - - - - - - - - - -

SALES, WALT R 69 59% 71% 65% - + + + + + + + + + + + + - + + - - - + - + - + + - - - - + - - - +

Schreiner, Casey D 26 18% 10% 13% - - - - + - - - - - - - + - - + - - - + - - + + - - - - - - - - - x











Land Acquisitions.
























Campuses.

25



Party Dist.2019

%2017

%LIFETIME

AVG

HB

19

HB

148

HB

146

HB

296

HB

348

HB

323

HB

284

HB

302

HB

265

HB

325

HB

357

HB

290

HB

487

HB

527

HB

547

HB

584

HB

575

HB

536

HB

542

HB

543

HB

9

SB 217

HB

327

HB

630

HB

500

HB

710

HB

751

HB

523

HB

617

SB 354

HB

431

SB 338

HB

658

HB

735

SHAW, RAY R 71 62% 67% 71% + + + + + + + + + + + + + - + + - - - + - + - + + - - - - + - - - +

SHELDON-GALLO-WAY, LOLA

R 22 88% 71% 80% + + + + + + + + + + + + + + + + + + + + - + - - + + + + - + + + + +

SKEES, DEREK R 11 91% 95% 93% + + + + + + + + + + + + + + + + + + + + + + - - + + + + - + + + + +

Smith, Bridget D 31 12% 14% 11% - - - - + - - - - - - - - - - + - - - + - - - - + - - - - - - - - x

Stewart Peregoy, Sharon

D 42 18% 30% 22% - - - + + - - - - - - - - - - + - + - + - - - + - - - - - - - - - x

Sullivan, Katie D 89 13% n/a 13% - - - - + - - - - - - - - - - + - - - + x x - + - - - - - - - - - -

Sweeney, Mark D 77 13% n/a 13% - - - - + - - - x - - - - - - + - - - + - - - + - - - - - - - - - x

TSCHIDA, BRAD R 97 88% 95% 93% + + + + + + + + + + + + + + + - + + + + + + - - + + + + - x + + + +

USHER, BARRY R 40 88% 86% 87% + + + + + + + + + + + + + - + - + + + + + + - + + + + + - + + + + +

VINTON, SUE R 56 74% 95% 84% - + + - + + + + + + + + + - + + - + + + + + - - + - + + - + - + + +

Weatherwax, Marvin D 15 18% n/a 18% - - - + + - - - - - - - + - - + - - - + - - - + - - - - - - - - - x

WEBB, PEGGY R 43 88% 86% 87% + + + + + + + + + + + + + + + + + + + + + + - + + - + - - + + + + +

WELCH, TOM R 72 50% 76% 63% - + + + + + - + - + + + + - - + - - - + - + - + + - - - - + - - - +

WHITE, KERRY R 64 82% 81% 85% + + + + + + + + + + + + + + + + + + + - + + - - + - + + - + - + + +

Windy Boy, Jonathan D 32 31% 38% 38% - - - + + - + + - - - - - - + + - - - + x x + + + - - - - - - - - -

Winter, Thomas D 96 13% n/a 13% - - - - + - - - - - - - - - - + - - - + x x - + - - - - - - - - - -











Land Acquisitions.
























Campuses.

26



Party Dist.2019

%2017

%LIFETIME

AVG

HB

19

HB

148

HB

146

HB

296

HB

348

HB

323

HB

284

HB

302

HB

265

HB

325

HB

357

HB

290

HB

487

HB

527

HB

547

HB

584

HB

575

HB

536

HB

542

HB

543

HB

9

SB 217

HB

327

HB

630

HB

500

HB

710

HB

751

HB

523

HB

617

SB 354

HB

431

SB 338

HB

658

HB

735

Woods, Tom D 62 18% 10% 12% - - - - + - - - - - - - - - - + + - - + - - + + - - - - - - - - - x

ZOLNIKOV, DANIEL R 45 77% 76% 84% - + + + + + - - + + + + + + + + + + + + x x - + + - + - - + x + x +











Land Acquisitions.
























Campuses.

Documents

TABLE OF CONTENTSacuratings.conservative.org/wp-content/uploads/sites/5/2019/09/Mo… · 4 acus atings of ontana 2019 c f lsla accual 2019 winners & losers senate ellsworth, jason