by Ken Toole | Apr 4, 2025 | Legislature, Uncategorized
Guest editorial submitted by The Legislative Lurker
The Montana Legislature is made up primarily of old people. Out of 150 legislators, 113 are over age 45. Eight legislators are younger than 35 this session, which is a good thing. We need younger people’s perspectives in order to make policies that will serve the next generations.
Lukas Schubert, The 19 Year Old Legislator
We need the “olds” for practical knowledge and experience, but most sessions skew older, and so it’s nice to see younger folks stepping into the game. I just wish they wouldn’t always be, you know, stepping in it. There’s Lukas Schubert (R-Kalispell, 19 years old) , who brought at least two bills that caught my eye and made my eyebrows shoot up.
There’s HJ 22, titled “Joint resolution acknowledging that Christ is King.” That’s bad enough, considering that 45% of Montanans don’t identify as Christians, whom he calls “imposters” who should kneel before Christ, but he also brought HB 896, which is titled “Prohibit harboring or assisting illegal aliens.” The two of them together plant an image in my mind of Jesus, wearing a MAGA hat, banging his shepherd’s staff on someone’s door, saying, “You better not have any immigrants in there!”
The hearing for HJ 22 is worth a watch, especially for the part that starts about seven minutes in, with Rabbi Rep. Ed Stafman (D-Bozeman, 71 years old) quizzing the quisling on the Bible, and pointing out that bringing the name of God into the secular realm violates the Third Commandment. Schubert responded to the older man’s obviously more complete scriptural knowledge bravely, if not directly. His moral rectitude may have metastasized to hubris already. In one so young!
Representative Braxton Mitchell, Fixated with Trans
Well he’s only 19, and his brain is still developing, I guess. Boys will be boys, especially when they’re not so sure of themselves. Remember Rep. Braxton Mitchell (R-Columbia Falls, 24 years old) , who gained fame last session for a picture of him man-spreading at a drag queen? Well this session he’s been chivalrously carrying bills for his Lt. Governor, Kristen Juras, such as HB 247, titled “Eliminate damages for injuries and death arising from dueling.” That one was tabled in committee, so if he had a plan to duel, and didn’t want to have to pay damages, he’ll have to re-think it.
What’s This About Menstruation?
Mitchell and Schubert together tried to prohibit “Dispensing menstrual products in male-designated restrooms” for some boyish reason. The vote to table that one, in a Republican-dominated committee, was unanimous. I suppose if they had better role models, among the olds in the legislature, they wouldn’t have to learn the hard way.
Maybe These Young Men Need Mentors
They could have looked to Sen. Jason Ellsworth (R-Hamilton, 52 years old) for guidance, right? They’re all from the same neck of the woods – Kalispell, Columbia Falls, Hamilton – and in his long tenure, Ellsworth has demonstrated a certain deftness with creatively manipulating legislative power. Surely he could have advised them. Alas, he’s no longer a resource for the youth, as he was just barred from the Senate for life for a laundry list of infractions, including trouble with the Federal Trade Commission, abusing his power trying to weasel out of a traffic ticket, accusations of domestic abuse and, finally, indications of fraud, waste and abuse in allocating money for legislative contracts.
https://wtf406.com/2025/01/guest-post-from-john-schneeberger-in-ravalli-county/
And let’s not forget big boy Rep. Ron Marshall (R-Hamilton, 63 years old) , who might be the most honest one of them. He apparently came to the legislature in order to get advantages for his vape shop, but he couldn’t get his bills passed, so he took his toys and went home. He complained that corporate lobbyists were calling all the shots, and he’s not wrong. Still, I wonder who Marshall thinks is supporting his business by marketing addiction, if not those self-same lobbyists. What’s good for the goose is good for the gander, Representative!
https://wtf406.com/2025/03/life-on-the-dark-side-of-a-flat-6000-year-old-moon/
by Ken Toole | Apr 3, 2025 | Guest Articles
Two Cents
A few people got pretty crabby about my last editorial, which was skeptical about Donald Trump’s benevolence and competence. One reader called me a “liberal loon” and told me I just need to “get over it.”
Where was that advice on January 6, 2021?
A couple of people cancelled their subscriptions. Others told me I should stick to Montana issues, which is what I do, mostly, but we don’t live in a vacuum here. What happens in D.C. matters, and for generations our economy has been subsidized by the federal checkbook, now in the hands of Elon Musk.
Things could change.
The federal government manages about one third of this state. To atone for this, it pays us money. I won’t bog you down with details, but programs that go by the acronyms SRS and PILT sent schools and local governments $54.2 million in 2023. That’s a lot of cops and teachers.
Farm subsidies amounted to $305 million in Montana in 2023, making federal checks to farmers the state’s fourth largest cash crop.
Highway money? $225 million in 2023.
Medicare and Medicaid keep our rural hospitals and nursing homes afloat.
Our state universities rely heavily on federal grants, aiming to foster better crops, better health, a better economy. Nonprofits of all sorts win grants every year to feed, house and educate people. Cities and counties get infrastructure and planning grants. Many people earn federal wages and retirement benefits, and Social Security checks. Add it up and Montana gets about $1.50 for every dollar we send to D.C.
Elon Musk has a new axe and few restraints. His DOGE crew had batting practice with foreign aid projects, and trotted out many examples of silly or wasteful programs that needed to go. But they didn’t mention any babies when they tossed out all the bathwater.
Domestic programs are next. You can read on page 46 about an exciting project in Great Falls that is turning plant oils and beef suet into aviation fuel. It relies on a federal loan guarantee that employs words like sustainability and climate, so I suspect the DOGE team has it on a “woke” list. Will Montanans stick up for it? Will it help if they do? How about seasonal rangers and toilet cleaners in our overcrowded national parks? A lot of those jobs are in limbo.
The DOGE crew wants to leave the sorting to their AI software (what could go wrong?) and the wise and benevolent oligarchs (who also want a tax break). Here’s how rolling over for the oligarchy worked out in my little corner of the world: your winter edition of Montana Quarterly arrived as much as eight weeks late because the US Postal Service gave top priority, and a hefty discount, to “last mile” delivery of Amazon parcels. That means your magazines, Christmas cookies and pet medication moldered in a corner while overstressed postal workers delivered for Amazon. That means everybody who buys a postage stamp is subsidizing the rocket ships of Amazon boss Jeff Bezos.
So, no. I won’t pipe down.
Scott McMillion
Editor in Chief
Montana Quarterly
by Ken Toole | Apr 1, 2025 | Legislature, Taxes
Like most large corporations, Calumet/Montana Renewables hires law firms with well-connected lawyers. Here in Montana, it is Browning, Kaleczyc, Berry and Hoven (BKBH), a Helena-based “silk stocking” law firm. Their attorneys use law and politics to help the corporation comply with the law, maximize profits, and avoid paying taxes.
Calumet Gets Property Tax Breaks Every Year
A prime example is Calumet/Montana Renewables’ repeated appeals of their property tax valuations. They have appealed their property valuations every single year since 2017. These appeals have resulted in significant reductions to their valuations resulting in lower property taxes in every case. In five separate appeals between 2017 and 2021, the average valuation reduction Calumet/Montana Renewables received each year was $107,123,622. There are currently appeals still pending for the last three years.
When a large business like Calumet/Montana Renewables, the largest property taxpayer in Cascade County, files a property tax appeal, local governments are forced to delay adopting budgets. They cannot be sure how much revenue will come in based on new valuations. But when an appeal is settled through negotiation, as these have been, there is no complete record of findings. The parties (Department of Revenue and Calumet/Montana Renewables) simply agree on a number.
Fitzpatrick’s Special Tax Legislation
More concerning is the activity of a BKBH attorney and Republican state Senator representing Great Falls, Steve Fitzpatrick. To our knowledge, Fitzpatrick is not directly employed by Calumet. But he is a “shareholder ” in the firm, which derives significant revenue from Calumet.
In the 2023 legislative session, Fitzpatrick introduced Senate Bill 510, titled “Provide Property tax incentives for alternative fuel production.” This new law changed the process for receiving tax “abatement” for Calumet/Montana Renewables. Now only the county has the authority to approve forgiving property taxes. But requests for abatement cannot be denied by the county commissioners. The county can only decide to give up 80%, 90% or 100%. In March, the county commission voted to give Calumet/Montana Renewables the minimum, 80%. The abatement phases out after five years.
https://theelectricgf.com/2025/03/11/county-approves-80-percent-tax-abatement-for-calumet/
This year’s action comes on top of a 50% abatement Montana Renewables is already receiving. The city estimates that the previous abatement cost the city $2.77 million in lost revenue. No figures were available from the county for the same period.
https://montanafreepress.org/2024/10/21/a-closer-look-at-calumets-tax-benefits/
The Whole Plant is Air Pollution Control Equipment?
Fitzpatrick’s bill also added language which defined virtually all of Montana Renewables’ plant as tax-exempt “air pollution control equipment.” Naturally, Montana Renewables then applied to the Department of Environmental Quality (DEQ) for the exemption of the $430 million plant. DEQ denied the application, approving only 8% of their request. Calumet/Montana Renewables appealed DEQ’s decision to the Montana Tax Appeals Board. A decision is pending.
These Special Breaks Cost The Rest Of US
The stakes in this game are very high. A full tax exemption for Montana Renewables could erase more than $1.5 million in proceeds to schools, $1.8 million for the City of Great Falls, and $1.1 million for Cascade County. If this case is resolved by “negotiated settlement,” we may never know what justifies this huge tax give away.
https://montanafreepress.org/2025/02/10/calumet-applies-for-new-tax-benefit/
The Law Firm’s Influence For Calumet
As mentioned before, Fitzpatrick is a “shareholder” in (BKBH). Many of the principals in this firm are well established figures in the legal community with numerous connections in both political parties. BKBH provides lobbying services to clients as well as legal representation.
One of Calumet’s attorneys at BKBH is Kimberly Beatty, the wife of the current director of the Montana Department of Revenue, Brendan Beatty. The Department of Revenue website says he operates the family ranch as well. Brendan Beatty filed a potential conflict of interest disclosure with the Montana Commissioner of Political Practices as required by administrative rules.
It Should Make You Go, “Hmmm”
Beatty certainly is paid for her work for Calumet/Montana Renewables. We can’t say if Fitzpatrick has ever received direct payment from Calumet/Montana Renewables. Even if he did, it likely would not be illegal. Fitzpatrick and Beatty are “shareholders” in BKBH. In theory both benefit from the firm’s work for Calumet/Montana Renewables. In these times of political influence peddling and big corporations dodging taxes, it’s just one of those things that makes you go hmmm. . . .
