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Rob Kailey is a working schmuck with no ties or affiliations to any governmental or political organizations, save those of sympathy.
stream access

Guns, medicinal marijuana, stream access, the death penalty, and a new blog

by: Jay Stevens

Wed Jan 21, 2009 at 08:38:37 AM MST

Just some quick thoughts on legislative action...

First off, for the legislature, 4&20 blackbirds is the place you want to be. Jhwygirl's been doing a swell job covering the doings in Helena -- yesterday she posted the hearings scheduled for this week.

Kendall Van Dyk's stream access bill made it out of committee, while its idiot stepsister version of the bill, sponsored by Ken Patterson, looks to have died. Jhwygirl's optimistic about HB190 -- and I think she should be...for the House vote. We'll see what happens to it in the Senate, where it would need Republican support.

Krayton Kerns' new gun bill -- HB228 -- is an odd duck to say the least. It appeared among some other bills that clarified Montana's castle doctrine, sponsored by Larry Jent and Kendall Van Dyk, which appear to have the support of...well...everybody.

Not so much Kerns' bill. In its original incarnation, it included a provision that said employees "have a right to carry a gun to their workplace." If the employer bans firearms, the employer "must provide similar protection to the employee" that a gun-packin' employee would have. Or something. Naturally the Montana CoC objected -- the idea of the Krayton Kerns of the world bringing heat to their offices no doubt put a few white hairs on employers, not to mention the law is a clear effort to put the power of the government over private property holders and business owners. (Why is it that some conservatives are so eager to use the power of government to force people to adhere to their ow, personal beliefs?)

You know the rest of the story. When the CoC says, "jump," a Republican's response is, "how high?" News came that the bring-your-gun-to-work provision would be removed at hearing that same day. Still, the bill would dictate to landlords and hotel owners that they don't have a right to make rules for tenant on their property. And it includes the right for citizens to use "reasonable force" to make a citizen's arrest -- which, I assume, means they can use a gun. Which sounds sketchy to me. On the other hand, if it passes, Dick Cheney better not show his face around Montana, eh?

Hearing is tomorrow on Kerns' bill. I'm curious to see who testifies.

John Adams has a blog! It's awesome. A couple of days ago, he ably summed up the dueling bills circulating in Helena surrounding medicinal marijuana, the worst of which is Verdell Jackson's SB212, which essentially singles out registered marijuana users for mandatory extra scrutiny if they're involved in a traffic accident or traffic stop. Which, if you think about it for like 30 seconds, seems like a terrible idea. Make it mandatory to give a guy a blood test if he's caught going 40 in a 35mph zone? Police officers are already empowered to take extra action if they think a driver is impaired: why do we need this bill, other than to terrorize registered marijuana users? Answer: we don't.

Oh, and incidentally, I agree with Adams here:

Can somebody explain the argument against medical marijuana? It seems illogical to condone the use of prescription pharmaceuticals--many of which are psychoactive and can cause serious and often life-threatening side effects--and at the same time be opposed to medical marijuana.

And finally, Dave Wanzenreid introduced SB 236, which would abolish the death penalty in Montana. In 2007, a death penalty ban passed the Senate with bipartisan support, but was quashed in the House. This year, the proposed ban hasn't made much of a splash in the media, despite being supported by the Montana Association of Churches.

The death penalty played an interesting role in the Democratic primary for state attorney general, but it seemed to have fallen off the map since then...

Discuss :: (19 Comments)

A billionaire's friend seeks to amend stream access bill

by: Jay Stevens

Tue Jan 13, 2009 at 07:58:28 AM MST

It looks like Montana Stockgrowers Association lobbyist, John Bloomquist, wants to alter Kendall Van Dyk's stream access bill -- HB190 -- solely to save absentee billionaire buddy, James Cox Kennedy, from litigation.

So far, there's been no indication from anyone on the House Fish, Wildlife, and Parks committee that they'll support the amendments Bloomquist will be proposing in a hearing. But it's worth keeping an eye on to see if there's anyone mendacious enough in the committee to carry the amendments for Kennedy...

In any case, HB190 seems like it has the potential to finally put stream access controversy to rest. It's a compromise bill worked out between ranchers and anglers, and has a broad base of support. And for that Van Dyk deserves praise. I'm curious to see how it fares among House and Senate Republicans...

Discuss :: (3 Comments)

Stream Access: Still Front and Center

by: Matt Singer

Tue Apr 17, 2007 at 17:33:40 PM MST

Montana Republicans are still trying to fight bridge access. Why? Good question. Bridge access is popular.

Kendall Van Dyk's op-ed lays out the issue pretty well. Humorously, a few of the commenters try to go after enviros who "lock up" public lands. Here's the key thing -- the GOP wants to lock you out; enviros might want to keep motor vehicles out of pristine wilderness and they don't want to drill everywhere in sight, but I don't know any environmentalist who thinks that people shouldn't be able to go into public lands and streams. I'm sure they're out there, but I also can positively guarantee that Kendall ain't one of 'em.

Discuss :: (2 Comments)

House GOP Stalls on Stream Access

by: Matt Singer

Wed Apr 04, 2007 at 08:21:54 AM MST

There's really no special interest these guys won't bend over backward for. They're now trying to punt on stream access, upset that their special interest friends were "excluded" from the process of writing the bill. That last sentence is only true if "were excluded from" is defined as "chose not to take part in."

This is pathetic. Rep. Van Dyk is apparently considering a blast motion. He should go for it -- at the very least, all of these people should have to go on the record on this issue.

Discuss :: (0 Comments)

Thoughts on Global Warming & Western Democrats

by: Kilgore

Mon Mar 19, 2007 at 14:21:24 PM MST

Right now we are fighting hard for stream access. In a couple of years it might not be so important. The days of trout in Montana are numbered. 

Since moving to Montana, I have experienced only one winter that was close to what is refered to as "average".  I love trout more than just about anything (hence my handle) and I depend on the "average" winter for there to be good fishing through the summer.

I now tell people if they want to come visit Montana to fish, they should come no later than early July.  That's because every spring since I have lived here snowmelt has happened in March or April, not May and June. I tried to be a fishing guide, but it's tough when they close the rivers in late July, in the middle of the season.  In the comming years we are going to see more and more outdoor opportunites compromised by climate change. 

These issues are important to ranchers, foresters, outfitters, and recreators.  We can build common ground with this issue. That is now a possibility, where before it seemed unthinkable.

The new western Democrat:  an outdoorsman who realizes the impact of global warming on livelyhoods and recreation, while maintaining our 2nd ammendment rights; a rancher who sees how drought will effect his cattle; the tree farmer who knows that climate change means slower growing trees more susceptible to disease and infestation. 

Discuss :: (0 Comments)
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