Efforts of Public Service
This page contains information relating to two
different types of effort:
1) Activities in the public domain that are not
bills for the Legislature, and
2) Bills for the Legislature or bill ideas - Good
Click on the link provided to view the individual item.
1. A 12/06
from the Montana Shooting Sports Association announcing a
concealed weapon permit cards that bear the permittee's
testimony in re mental health and the RKBA, 2014.
Good Bills - not
in any particular order of importance
Added recently (2014)
Settlements Commission, whereby states determine the
extent of the powers the states delegated to the federal
government in the Constitution.
Worker Licensing Act
Protect wood burning for heat
- prohibit state and local authorities from implementing
new EPA regulations that would effectively ban home
heating with wood.
Not so recent
1. "Alaska Carry."
In the gun culture, this means a concealed weapon
whereby a person DOES NOT need a permit to legitimately
concealed, but citizens MAY OBTAIN PERMITS, if they
out-of-state travel or to facilitate firearms purchase
under the Brady
Law. This is accomplished with this bill by
specifying that the
crime of carrying a concealed weapon only applies to
committing another crime at the same time - non-criminals
are free to
carry. The repealer in the draft repeals the current
Montana law that creates a list of people not subject to
the crime of
carrying a concealed weapon, a list which includes people
concealed weapon permits. This repealed exceptions
becomes unnecessary if the crime of carrying concealed
only applies to
2. Constitutional Rights
This bill would provide a simple and clear process for
citizens to sue
public officials for violation of citizens' constitutional
rights. This option has been available under federal
1868, but has become very complex law to practice.
3. Reform of civil asset
Currently, civil asset forfeiture can be used to take a
property whether or NOT the person has been arrested for,
or convicted of a crime. For example, authorities
can take and
keep your bank account, your home, your car, or your cash
alleging that the property has some connection with a
another state, forfeiture laws were used to take an
ancestral home simply because her visiting grandson had
joint stashed in his bedroom dresser drawer in the
house. No criminal charges were filed or proven
woman. Civil asset forfeiture laws turn police into
hunters. Forfeiture has become a significant and
source of income for many police agencies. This bill
that there must be a criminal conviction before forfeiture
invoked. As drafted by the LSD, it was a long bill,
parts of the M.C.A. had to be amended to relate back to
part of the bill. Only the effective part (two
pages) is posted
4. Fully Informed Juries.
U.S. Supreme Court has in recent times upheld the good
that jurors have the unquestionable power to vote to
acquit a person
accused of a crime if a juror believes that the person is
under an unfair law or a law being improperly
judges usually do their best to prevent jurors from
knowing they have
this power, including by squelching attorneys who try to
about this, or rejecting jurors who know about their power
to judge the
law. The fact that jurors can judge the
application of the law is already enshringed in the
Constitution, but only for matters of slander and
bill would extend the principle to other matters. A
of jury power was applied to the federal Fugitive Slave
Act, a law
before the Civil War making it a felony for anyone to aid
or abet a
runaway slave. Northern juries refused to convict
violating this law because they felt the law was
improper. As a
result of losing too many cases, northern prosecutors quit
people for helping slaves seeking freedom. This bill
require judges to allow jurors to be informed about this
5. Game Wardens.
act requiring that law enforcement practices of game
consistent with similar practices of other law enforcement
revising the enforcement powers of wardens regarding
search and seizure.
6. Grand Juries by Petition.
has an absolute judicial culture of NO GRAND JURIES.
This is a
leftover from the Copper Kings era when everything was
The primary purpose of state grand juries is to ferret out
in government. During the Copper King era, the Kings
any pesky grand juries looking into their common and ongoing
corruption. Currently, empaneling grand juries is
totally at the
discretion of district court judges, and they WON'T DO
last known grand jury in Montana was in 1972 when the Attorney
asked a district court judge to bring a grand jury to
corruption in the Work Comp program. The judge refused
the strength of the negative judicial culture). The AG
Montana Supreme Court to order the judge to empanel a grand
it did. This is what it took to get the last grand jury
Montana. The problem for the "system" is that
control the lifespan or area of investigation of a state grand
(unlike federal grand juries). Once empaneled, a state
can look into anything it wants, for as long as it
inability to control grand juries (possible "rogue" grand
scares the socks off all establishment types. Because
exclusive power of district court judges to empanel grand
juries is in
the Montana constitution, fixing this would require a
amendment. This bill is to amend the Montana
allow citizens to create a grand jury by petition, with
7. Home Guard Reformation.
The Montana Constitution, at Article VI, says: "Section
Militia. (1) The governor is commander-in-chief of the militia
of the state, except when they are in the actual service of
States. He may call out any part or all of the forces to aid
execution of the laws, suppress insurrection, repel invasion,
protect life and property in natural disasters. (2) The
forces shall consist of all able-bodied citizens of the state
those exempted by law. " Montana statutes say that the
divided into the organized and unorganized militia. The
militia is divided into the National Guard and the Home
According to Perpich v. U.S., the National Guard are federal
whenever the feds call. There is very little about the
This bill is to flesh out the laws and processes relating to
Guard, so resources may be available in-state and under sole
control, if needed here. This is set up here as an
force, with no expense to the State, except for costs of
or lost or damaged equipment if the Home Guard is actually
service. I've set up three ways companies could be
on the model of Revolutionary times. I've allowed for
companies (and partial companies) such as medical, transport,
and others. One important feature of this bill is to
Home Guard totally separate from any federal control.
8. Registering Hunters and Anglers
to Vote. This bill would require DFWP to
provide voter registration cards to anyone purchasing a
hunting or fishing license.
9. Illegal Aliens.
bill would increase the penalties for an employer hiring
aliens and would allow an interested person to sue and collect
from an employer hiring illegals. It appears that
will sponsor this bill in 2007.
10. Lobbying by Public Employees.
bill defines what constitutes lobbying by purlic employees and
prohibits use of puflic funds by public employees for lobbying
purposes. the bill allows public employees to provide
to the Legislature upon request.
11. RKBA for Militia Service.
A resolution urging all Montana citizens to own and maintain
arms and equipment suitable for militia service.
12. Non-enforcement of federal laws
in conflict with the Montana Constitution.
bill would prohibit Montana peace officers from enforcing, or
assisting to enforce, any federal laws that are in conflict
Montana Constitution (e.g., parts of the Patriot Act).
13. Kids out of school to hunt.
would allow kids up to three days of excused absence from
to hunt with a licensed adult, with parental permission.
14. Public Funds in
Public employees may not use any public resources,
employee time, to take sides in any election,
15. Eliminate "Cause" for
The Recall Act passed by initiative in 1976 was
emasculated by the next
session of the Legislature which required proven
"cause" for effective
recall. Since then, there has never been a
successful recall in
Montana when the challenged official has gone to court
to protest the
"cause" alleged. The current recall is totally
(probably a great comfort to currently-elected
bill removes the requirement for "cause" and would
allow voters to
simply "throw the rascal out."
16. Prohibit state agency
regulation of firearm possession or use.
would prohibit any state agency or or agent from
use, possession, transport, transfer or sale of
specific legislative authority to do so, and listing
exceptions to the
17. Sheriffs First (or no
This bill would make it a state crime for a federal
officer to arrest,
search, or seize in Montana without first getting the
permission of the elected county sheriff of the county
in which the
action is to take place. Locally-elected
sheriffs are accountable
to the people and are supposed to the the chief law
of the county, bar none. This bill puts teeth
expectation that federal agents must operate with the
approval of the
sheriff, or not at all. There are exceptions for
customs and border patrol, corrupt sheriffs, and more.
18. Shooting Range,
Shooting Competition and Gun Shows Liability
This bill protects shooting ranges and competition,
recreational activities, from liability for any
inherent risks, but
does not excuse negligence.
19. Exempt State Employees
with CWP from Disarmament Policy.
This bill would exempt state employees who have
permits from the state employmnent policy of disarming