52 votes

Montana House Votes 98-0 To Approve Anti-NDAA Bill

[The words 'wow' and 'nullification' come to mind.]
Montana House Votes 98-0 To Approve Anti-NDAA Bill
By Nick Sibilla - March 1, 2013

UPDATE: Since this piece was published, the Montana legislature has updated the official vote count as 98-0.

In a huge win for the Bill of Rights, the Montana House of Representatives overwhelmingly approved a bill to ban indefinite detention in Montana by a vote of 97 to 1. Introduced by state Rep. Nicholas Schwaderer, HB 522 would also “prohibit state cooperation with federal officials” who try to enforce the National Defense Authorization Act (NDAA). The lone no vote was cast by Democrat Bob Mehlhoff. HB 522 previously passed the House Judiciary Committee unanimously. The bill now heads to the state senate for approval.

http://libertycrier.com/u-s-constitution/montana-house-votes...

Vote count:

2013 Montana Legislature - HOUSE BILL NO. 522
INTRODUCED BY N. SCHWADERER

A BILL FOR AN ACT ENTITLED: "AN ACT RELATING TO DETAINMENT WITHOUT CHARGE, MILITARY TRIBUNALS, AND TRANSFER TO FOREIGN JURISDICTIONS OF PERSONS RESIDING IN THE STATE OF MONTANA; PROHIBITING THE STATE FROM PROVIDING MATERIAL SUPPORT FOR CERTAIN FEDERAL ACTS; PROHIBITING STATE PARTICIPATION IN THE IMPLEMENTATION OF CERTAIN FEDERAL ACTS; REQUIRING PERIODIC REPORTS; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Direction to state agencies not to support sections 1021 and 1022 of the federal National Defense Authorization Act -- reporting. (1) The state of Montana may not provide material support or participate with the implementation of sections 1021 and 1022 of the federal National Defense Authorization Act for Fiscal Year 2012, Public Law 112-81, within the boundaries of this state.

(2) The attorney general is hereby directed to report to the governor and the legislature any attempt by agencies or agents of the United States federal government to secure the implementation of sections 1021 and 1022 of the federal National Defense Authorization Act for Fiscal Year 2012, Public Law 112-81, through the operations of that or any other state department.

NEW SECTION. Section 2. Codification instruction. [Section 2] is intended to be codified as an integral part of Title 2, chapter 1, and the provisions of Title 2, chapter 1, apply to [section 2].

NEW SECTION. Section 3. Effective date. [This act] is effective on passage and approval.
-END-
http://data.opi.mt.gov/bills/2013/billhtml/HB0522.htm#About




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robot999's picture

Sad that a similar bill

here in CO was killed by a RINO. Yes, that's right a "republican" was the deciding vote to kill our CO bill!

I confronted her in person, and when asked: "Representative, do you believe that ALL Americans have the right to know the charges against, them, and have the right to face their accusers in a court of law?" She replied: Of course I do...unless they are terrorists. (al-CIA-duh). Stupid Bitch.

I then told her: "My 5th Amendment doesn't say anything about terrorists."

She stormed off telling me to "leave me alone".

"Government is the entertainment division of the military-industrial complex". - Frank Zappa

MT NDAA

It's true that our NDAA bill does not take the "third phase" approach and it only prevents our state officials from being utilized to enforce sections 1021 and 1022 of the NDAA. So, it's a correct assessment that the Feds could come in and do their own bidding. Rarely, though, does this actually occur...feds largely rely on local law enforcement and agencies for their expertise in the area and this bill prevents that. It's also a stepping stone that can be modified in the future, if necessary. States have to be somewhat careful in legislation that opposes federal mandates, but they can direct their resources as they see fit...and this verbiage does just that. Remember, it's pretty easy to add or modify a law, but nearly impossible to remove one. It's at least a step in the right direction for us Montanan's. All I know is that Rep. Schwaderer was worth every penny of my maxed-out donation!

One objection...

the language in most of these "nullification" bills seems to leave open the possibility of federal agents just going ahead and doing this all by themselves.

I haven't seen any strong language about DEFENDING PEOPLE'S RIGHTS from the federal government... most of it is basically "we won't do it but the federal government can if they want to spend the money on time/resources."

They can violate your rights... we "the STATE" are basically just not going to help them... but we certainly won't get in their way.

Encouraging news... however still just playing politics.

SteveMT's picture

The Montana sheriffs will. Nothing is foolproof.

Montana Sheriffs and Peace Officers Association Position on Gun Legislation.
Adopted February 7, 2013 by the Board of Directors

The Montana Sheriffs & Peace Officers Association (MSPOA) is committed to public safety, and each of our members has taken an oath to uphold and protect the Constitution of the State of the Montana and the United States Constitution, including the Second Amendment.
http://www.krtv.com/mobile/news/montana-sheriffs-and-peace-o...

I thought of you when I saw this good Montana News!

Thanks for sharing the link too!

"The MSPOA will not waver in our defense of the Constitution and will stand to preserve our constituents right to possess firearms and the protections insured by the other nine amendments contained in the Bill of Rights."

"The MSPOA remains committed to the safety of citizens of the State of Montana. We will dedicate our efforts toward active participation in the legislative process and the protection of the rights of the people of our state. We welcome and encourage our neighbors' active participation in this process as well. As Congress and the Montana legislature debate issues surrounding violence, the Second Amendment, and gun rights, the MSPOA will insure that our voices will be heard."
--------------------

It is good to know you have Constitutional support in Montana!

...

SteveMT's picture

Thanks, bear.

Montana may be one of the last best places left.