By Amanda Eggert & Arren Kimbel Sannit, Montana Free Press
The sponsor of an initiative that seeks to divide up more than 50 million dollars in marijuana tax revenues is asking for lawmakers to have the opportunity to override Gov. Greg Gianforte in the last hours of the legislative session 2023.
Senate Bill 442, proposes to distribute tax revenues on recreational marijuana sales among the General Fund, County road construction and maintenance programs, conservation and recreation programmes, addiction treatment, and veteran services.
Gianforte, the governor of Montana, vetoed SB 442, the day after the bill passed its final hurdle. The Senate endorsed the bill 48-1. He argued that the legislation created a slippery slope by making the state accountable for “matters which are strictly within the jurisdictions of local authorities.” Additionally, the governor expressed his concern that counties would use their increased budget breathing room to divert taxpayer dollars into “arbitrary, unnecessary projects”, which would increase the tax burden on Montanans.
SB 442 supporters questioned Gianforte’s timing and the speed at which he issued his veto.
In a presser the day after he had successfully adjourned the Senate, Senate Majority Leaders Pat Flowers (D-Belgrade) said that he was “curious” about how quickly the Bill landed on Gianforte’s desk.
Flowers stated that “somehow, the bill was able to leave our chamber faster than any other bill and reach his veto-pen more quickly.” “I can only assume that [Gianforte] didn’t really like the bill, and was determined to veto it immediately.”
Senate Minority Leader Steve Fitzpatrick (R-Great Falls) said that the governor’s letter of veto was received just before Tuesday’s sine die adjournment. Gianforte’s spokesperson Kaitlin Price stated in an email the veto came “sometime around 2 o’clock.” The sine-die motion was passed at 3:20 pm with a vote of 26-24.
MikeLang, R. Malta, the bill’s sponsor who was one of those who voted to adjourn the session, said that he thought lawmakers would be able override the veto through a poll after the session. The Senate did not act on the veto because it was sent while the Senate was in session.
It doesn’t really matter if it was received before the sine die. We are still in session because one chamber is still working. Fitzpatrick said to a group of reporters that the bill was dead after the Senate adjourned. “Those guys screwed themselves up so badly.” “It’s a real ironic twist.”
Lang disagrees, saying that lawmakers did not receive any notice of the Governor’s veto before they started their business on May 2, Lang added. He added that there are many interpretations of how the veto rule should be applied to this case.
Lang stated that if you asked three people to give you three different answers, you would probably get different answers. “I believe the bill [veto] would have been better read on the podium, but this is just my opinion.” “We’ll wait and see what the attorneys think.”
Montana law requires the secretary of State to conduct a mail-in poll of lawmakers to override a governor’s vote when the Legislature has dissolved. The measure becomes law if two-thirds agree in both houses.
If legislators remain consistent, they should have enough votes to override Gianforte’s veto. At the last count, 130 out of 150 members of the Legislature had approved SB 442.
The Montana Association of Counties (MAC) and the conservation group Wild Montana have expressed their frustration at the logic and processes surrounding SB 442’s veto.
In an email, Eric Bryson said, “We never imagined that he would override the will of his legislature and turn away from the beneficiaries of this bill.” “From public land advocates and farmers who were trying to sell their products, SB 442 allocated limited marijuana tax funds exactly where the public desired them to be spent. We think this was a bad choice for Montana, and we encourage the secretary to follow the law by conducting a veto override poll.
Bryson also criticized Gianforte’s logic for issuing the veto. He argued that there were other examples of counties accepting and spending tax levied on a statewide basis, such as the gasoline tax.
Noah Marion, state policy director of Wild Montana, says that lawmakers should be given another chance to comment on SB 442.
Marion stated that the administration had told them for months that if they got good bipartisan legislation on the Governor’s desk, then he would sign it. “We held up our ends of the bargain, but the Governor didn’t.” SB 442 has bipartisan support. It’s popular. There’s something for everyone. The Montana Legislature should have the power to revisit this issue.
Lang wrote to Christi Jacobsen in a letter that the circumstances surrounding the veto indicated an attempt to circumvent constitutional checks on the executive branch by the Legislature.
Lang wrote: “As a veto-authorized independent elected official, it’s of the utmost important that you protect the Legislatures’ ability to review and assess the Executive’s action.” We look forward to receiving the veto message and ballot, along with a return envelope, so that we can also perform our duties.
The Secretary of State’s Office did not respond to MTFP’s comment request on SB 442.
This session, lawmakers fought over the allocation of marijuana tax funds. The lawmakers also debated whether it was appropriate to establish long-term allocations of revenue into statute, rather than dividing the money on a session by session basis.
Lang’s proposal was the only one that garnered the same support among lawmakers as the competing proposals.
According to the fiscal note of SB 442, tax revenues from recreational marijuana should approach $53 millions in fiscal year 2024, and then increase slightly.
This story was originally published by Montana Free Press at montanafreepress.org.
The post Montana Legislator Pushes to Override Governor’s Marijuana Revenue Veto amid Procedural Confuse appeared initially on Marijuana Moment.
