SB 146 Testimony
Deanna Campbell • February 3, 2025
Testimony on SB 146 – Request for Clarifications & Revisions
Deanna Campbell
Bozeman, Montana
Mr. Chairman and Members of the Committee,
I appreciate the opportunity to testify on SB 146, a bill that takes an important step toward protecting private property rights by limiting excessive government control over land use and zoning decisions. By requiring that zoning restrictions be based on a "compelling governmental interest" in public health or safety, this bill seeks to rein in unnecessary land-use regulations that infringe on individual property rights.
However, as currently drafted, SB 146 does not fully protect homeowners from forced urban infill, speculative legal challenges, and city-driven upzoning mandates. While limiting government overreach is essential, the bill must also ensure that single-family zoning protections, private property covenants, and neighborhood stability are not eroded by unintended legal consequences.
The Bozeman Example: Why SB 146 Needs Stronger Protections
In Bozeman, we have seen firsthand how local government, influenced by ICLEI-style planning mandates, is eroding single-family zoning in favor of forced high-density development. Under the Unified Development Code (UDC) and "affordable housing" initiatives, the city has:
- Upzoned single-family neighborhoods to allow multi-family housing, without homeowner consent.
- Encouraged speculative developers to buy out older homes and replace them with high-density rental units, fundamentally altering neighborhoods.
- Raised impact fees and infrastructure costs for single-family homeowners while subsidizing highdensity projects.
- Reduced local control over zoning by prioritizing state and regional "sustainability" goals over property owner rights.
If SB 146 is to be effective, it must include clear protections against these types of forced zoning changes and speculative redevelopment pressures.
Recommended Clarifications and Revisions to SB 146
1. Protect Existing Zoning Contracts & Homeowner Reliance Interests
- Many homeowners purchased property with the expectation that zoning laws would remain stable, preserving the character of their neighborhoods.
- Zoning serves as a contract-like agreement between property owners and local governments— one that people rely on when making long-term investments.
- Recommendation: Add language affirming that SB 146 does not weaken or invalidate longstanding zoning protections that homeowners rely upon as a "property interest."
2. Prevent Speculative "Legalized Block Busting"
- The bill currently allows broad legal challenges to zoning and property use restrictions, but the term "compelling governmental interest in public health or safety" is too vague.
- Concern: Developers and investors could exploit this vagueness to file lawsuits that erode single family zoning, leading to forced urban infill and destabilized neighborhoods.
- Bozeman Example: In Bozeman, we have seen developers rapidly replace single-family homes with multi-story townhomes, often against the wishes of longtime residents. This bill must not be used to accelerate such changes.
- Recommendation: Refine the "compelling interest" standard to explicitly exclude density mandates, forced urban infill, or high-density upzoning as valid justifications for overriding single-family zoning.
3. Clarify That Private Covenants Are Not Affected
- Many developments use private covenants to regulate land use.
- If government agencies reference or require certain covenants in the approval process, could those covenants be challenged under SB 146?
- Recommendation: Add language explicitly stating that private covenants are not subject to SB 146 unless they are directly imposed by government entities.
4. Restrict Judicial Overreach in Land Use Challenges
- Concern: As written, SB 146 gives courts broad discretion to overturn zoning laws without clear guidelines.
- This could allow developers to use the courts to override zoning protections in ways that were never intended.
- Recommendation: Establish specific legal guardrails for judicial review, ensuring that existing zoning can only be overturned when it demonstrably violates constitutional property rights—not simply when it limits speculative development.
5. Prevent SB 146 from Being Used as a Backdoor for Forced Density Policies
- While the bill is intended to limit government overreach, poorly worded legal provisions could be exploited to accelerate forced densification rather than prevent it.
- Some cities may reinterpret "compelling governmental interest" to justify forced upzoning, claiming that "climate sustainability" or "affordable housing" qualifies as a health justification.
- Bozeman Example: City planners frequently justify density increases using sustainability arguments, arguing that compact urban housing is a "public benefit." SB 146 must make it clear that economic and climate-related goals do not meet the "compelling interest" standard.
- Recommendation: Explicitly state that urban containment policies, forced densification, and elimination of single-family zoning do not meet the "compelling governmental interest" standard under SB 146.
Conclusion: Strengthen SB 146 to Truly Protect Property Rights
SB 146 is an important and necessary bill that can rein in government overreach and protect private property rights. However, as currently written, it fails to fully address the very threats that homeowners face from speculative redevelopment, forced urban infill, and top-down planning mandates.
To ensure that SB 146 upholds its intended purpose, I strongly urge the committee to:
- Protect single-family zoning from speculative legal challenges
- Prevent courts from being used to accelerate density mandates
- Safeguard private covenants from unintended legal consequences
- Ensure judicial review does not favor developers over homeowners
With these revisions, SB 146 can become a strong, balanced law that truly defends property rights for all Montanans. I encourage further discussion and amendment of the bill to ensure that it fulfills its intended purpose without unintended consequences.
Thank you for your time and consideration.
Respectfully,
Deanna Campbell
In case you hadn’t noticed, Montana is a heavy whine-producing state. The vintners are many, from the Marxist professors and ranting radicals brought onto our campuses, to the farmers, corporate welfarists and chamber of commerce types, looking to government for special favors, subsidies and protections from competition. Montanans are intoxicating our politics with cases of expensive whine. Witness the “Republican” legislature’s latest budget bill (HB 2) that imposes on us an 18 percent increase in future spending. Another session where, thanks to the unholy alliance between Democrats and liberal Republicans, whining wins and freedom loses. We’ve made sots of our legislators.  When Bernie Sanders and “AOC” arrived in Missoula in their private jet recently, to lecture us on the evils of wealth-producing and environmental-polluting capitalism, these ultra-elitists decried the “oligarchy” of a democratically-elected president, who is actually trying to get a handle on profligate federal spending – including the billions of tax-funded largess going to their radical friends. Like all dedicated authoritarian leftists, Sanders and Cortez preach the gospel of envy and hatred, as true believers that everything good in society flows from government, and everything bad is the result of individual action by people who are entirely too free. As usual, they lied about the wealthy not paying their “fair share” of taxes. (Fact: the top 1 percent pays 46 percent of all federal income taxes.) Their sign-waving admirers believed every word of it. Ambling through the crowd of 2,500 at Bozeman’s 4/19 Hate Trump Protest, the whining signs and banners were so thick that it was hard for me to see their faces. Not a lot of love there – mostly profanity, swastikas and hatred. Spooky, really. Group-think to the extreme, while the frequent chant from the microphone was, “This is what democracy looks like!” A better chant might have been, “This is what Marxism looks like!” Unlimited government taxing and spending – while branding and slandering anyone who might try to bring spending under control. This didn’t look much like democracy to me – and certainly not like the free republic we once called America. Cynicism, skepticism, fear and distrust were all around me, aimed at anyone with a different point of view. That’s the message that rings out these days, and there is a chilling, spirit-killing aspect to it that is increasingly reflected in the politics of both parties, not just the Democrats. The whiners are winning, and the true heroes with their thumbs in the dike are few indeed, and deserving of our praise. Once there were legislators like Senator Casey Emerson -- creator of King Tool Company and the Montana Inventors Hall of Fame. Casey was the epitome of the American Spirit, who never quit believing in America. He always had a dream in his heart, an idea in his head, a bounce to his step and a sparkle in his eye. Most of his dreams in the world’s eyes did not succeed, but that only spurred him on all the more. He never whined, and I never once saw him carry a sign. All he desired – demanded – was freedom. Compare this to the floor comments you frequently hear from the GOP Government Solutions Caucus and their perennial leader, Republican Llew Jones of Conrad, explaining how much the teary-eyed recipients of their generosity need their help. Their latest “help” is a revamped House Bill 2 collection of slush fund accounts, designed to make it much easier to spend much more of our money. Their “generosity,” of course, isn’t based on personal giving, but on forcibly taking the earnings of others and bragging about it later. That’s what government does. We hear this kind of rhetoric all day long in Congress, our state legislature and from the governor’s office. I have some breaking news for these people. We don’t need paternalistic politicians telling us how much we require their help. Freedom is quite enough, thank you very much, along with a healthy measure of respect for our constitutional rights, our personal property and the liberty to be left alone. Let’s put our whine bottles down, and drink heartily from the fruit of freedom instead – nourishment for the soul that never runs dry. Roger Koopman is president of Montana Conservative Alliance. He served four years in the Montana House of Representatives and eight years as a Montana Public Service commissioner. He operated a Bozeman small business for 37 years.
Gallatin County Study Commission to Hold First Public Hearing  Details of the Public Hearing: Date : Thursday, April 10 Time : 5:30 p.m. Location : Community Room on 3rd floor of Gallatin County Courthouse; 311 W Main St, Bozeman Virtual Access : Microsoft Teams link on www.gallatinmt.gov or www.gallatinlocalgovstudy.com , scroll down to calendar Public Participation : Open to all residents of Gallatin County For more details on the Study Commission, including meeting schedules, contact information, and virtual access to weekly meetings, visit www.gallatinlocalgovstudy.com . The Gallatin County Local Government Study Commission will hold its first public hearing on Thursday, April 10, at 5:30 p.m. in the Community Room on the third floor of the Gallatin County Courthouse, 311 W Main, Bozeman. The public has tasked the Local Government Study Commission with evaluating the existing form and powers of a local government, and how local government services are delivered, and comparing them with other forms available under Montana law. Members of the public are encouraged to attend in person or virtually. During this hearing, the commission will share an overview the study’s scope, introduce the current form and structure of the county government, and share examples of different county government models in Montana. The commission will also share a timeline for key milestones for the study process. Residents will have an opportunity to share feedback and ideas about Gallatin County’s government structure. All comments and feedback will be captured as part of the study. Residents will have many more opportunities to provide feedback at listening sessions that will be hosted around the county over the next year and a half. “We strongly encourage your participation in this discussion and invite you, a member of the public, to provide insights from your work and interaction with our county government. Your input will be invaluable in helping us form our understanding of how our local government structure supports or challenges your work.” says Vice Chair Study Commissioner Jackie Haines "The Montana Constitution is unique in that every ten years it allows the citizens of a county or municipality to review if the current form of county government could more efficiently, and effectively, deliver services to the county residents. The seven citizens elected to study our local government have begun the review process and invite the public to become involved with the process." says Study Commissioner Don Seifert About the Gallatin County Study Commission: In the June 2024 primary election, voters across Montana had an opportunity to decide on studying their local governments. This question is posed to voters every 10 years, as required in Montana’s constitution. Montana is the only state where voters regularly decide whether to evaluate their local government structure. In 2024, voters in 12 counties and 44 municipalities across the state voted to conduct a local government review. Voters in Gallatin County voted in favor of the independent study, as did residents of Bozeman and West Yellowstone. In the November 2024 general election, voters elected seven volunteer members to serve on the nonpartisan study commission for two years. The elected members of the Gallatin County Study Commission are (alphabetically): Janae Hagen, Jackie Haines, Jeff Krauss, EJ Porth, Don Seifert, Klaas Tuininga, and Steve White.
In light of the findings outlined in the recent Senate Ethics Committee report, the Montana Republican Party believes that Senator Jason Ellsworth is no longer fit to serve in the Montana State Senate. The Report has raised serious concerns regarding his conduct, and we firmly believe that for the good of the sate and the well-being of his constituents, Senator Ellsworth should step down from his position. We urge Senator Ellsworth to resign voluntarily in order to restore trust in the Senate and allow for a focus on the work that lies ahead for the people of Montana. Should Senator Ellsworth choose not to resign, the Montana Republican Party will fully support the Senate's decision to expel him, ensuring that the integrity of the Senate remains intact. This stance was reached following a unanimous vote by the Montana Republican Party's Executive Board. The Montana Republican Party remains committed to serving the interests of all Montanans and upholding the highest standards of conduct in our state government. -The Montana Republican Party Executive Board
GALLATIN COUNTY REPUBLICAN CENTRAL COMMITTEE RESOLUTION FOR REBUKE AND CENSURE OF MONTANA STATE SENATOR SHELLEY VANCE SD34
At an early age, we taught our kids to learn from others and to think for themselves. I still remember telling one child, “Truth doesn’t fly in flocks. You need to seek and find it on your own. And never be afraid to test and re-examine what you believe is true. Belief has no value if you close your mind to the ideas and arguments of others. Living in truth involves not only faith, but also the courage to think for yourself.” Unthinking animals either herd up for security, or run in packs to pull other creatures down. Politicians do both. In the worst example I have seen in 48 years in Montana, the cowardly pack mentality has been on full display in the sixty-nineth session of the Montana State Legislature. Most of us are aware by now of the hostile takeover of the Montana State Senate by a coalition of every Democrat plus a wolf pack of liberal Republicans, who locked claws on vote after vote to deliver a functional majority for the Democratic Party. At one point, twenty separate pro-Democrat floor votes were recorded, all by 27-23 margins – an impressive show of Pack Power over their own Republican leadership. The nine GOP deserters are senators Vance, Gillespie, Kassmier, Lammers, Loge, McKamey, Tempel, Hunter and Ellsworth. First, the Pack held the Senate hostage for many days, eventually forcing leadership to change its own rules so that liberal Republicans could be inserted onto key committees to shift committee control. Then came the Jason Ellsworth affair. Sen. Ellsworth was caught arranging a sweetheart contract for a buddy of his by quietly diverting, at the last moment, over $170,000 from the unspent budget of the Judicial Reform Interim Committee, over the objections of its members. The project made no sense and would be performed from the friend’s home. When discovered, auditors were shocked, and the Senate Ethics Committee began an investigation, as was its constitutional duty. But the nine-member GOP wolf pack again locked arms with the Democrats and stopped the investigation in its tracks – thus assuring that the liberal Ellsworth would remain in the Senate for the entire session, doing the Democrats’ bidding. Other reports of Ellsworth throwing his political weight around started coming out. Clearly, he should have resigned, but the “the Pack” continued to give him protective cover, and he remains there still – larger than life – seemingly incapable of shame or contrition. Meanwhile, the pack of nine went about doing exactly what groups like Montana Conservative Alliance have been warning about for many years -- voting with the Democrat block and against limited government conservatives whenever key legislation comes up. I call them Mutant Elephants: elephant bodies, donkey heads. There they were for example, joining with the Democrats to pass massive Medicaid expansion welfare, and to defeat a bill providing work requirements. (More than 6 out of 10 current recipients are able to work, but don’t.) The state GOP publicly rebuked the nine Republican senators, but they missed the point. This undermining of the conservative Republican cause has been going on for over 50 years, with this just being the most obvious, leadership-smashing example. It’s really nothing new, but the media attention to the orchestrated aspect of this treachery is actually a good thing. Maybe GOP voters will finally take notice. In a larger sense, what we have in our state legislature is a great many legislators who don’t read the bills, don’t read the fiscal notes, and don’t show any natural curiosity for ideas or constitutional principles. They follow their leaders and their lobbyists and rarely do the work of a legislator or think for themselves. The Democrats are the most obvious example – almost never having a party member show independence of thought. It is, after all, easy to be a loyal Democrat. All you need to do is want to grow government in every direction, deny the biology of gender, and make it easier to kill human babies. But Republicans are supposed to be different. Some are – and I acknowledge those men and women as great legislators. Others are not. They run with the pack, and fail to do the deliberative, investigative work of independent-thinking legislators. They’ve put their own pride and positions above their constituents, and deserve to be sent packing. Roger Koopman is president of Montana Conservative Alliance. He served four years in the Montana House of Representatives and eight years as a Montana Public Service commissioner. He operated a Bozeman small business for 37 years.
Let's assume that the explanations of the following facts are correct: Dr. Money's patient, the first infant who was transitioned into a girl, and this person's twin brother killed themselves in their late 30th. But it was only the result of transphobia and bullying. A star in the I'm Jazz reality show has a hobby of dressing as a Mermaid, a sea creature with no genitalia. But it's only this individual's artistic expression. An unusually high percentage of autistic kids, victims of sexual assault, and teens with low self-esteem identify as trans. Still, it has nothing to do with their desire to fit in or their beliefs that their bodies were the reason they were raped. Three gender clinics in Montana are listed on the map of clinics that provide HRT with "no therapist required." The individual who pinned the map on his X profile is lying. Less than 10% of transwomen do "bottom surgery." But, it's not because these surgeries are more barbaric than castration but because, as one transwoman explained, "a woman without a penis is an angel without wings." So, let's say that biology is cis-supremacist, transing kids is not child abuse, and only a tiny percentage of children will regret their gender transition when they are adults. In this case, financially compensating these people for their struggles would be a simple act of kindness and compassion, and the opposition to the bill must reconsider their position and support the extension of statutes of limitations to cover these cases." I have more materials that prove why pediatric gender-affirming treatments are child abuse that must be banned. I support HB218 because TQ+ affirming doctors know that what they do to children is criminal, that most of their patients sooner or later will realize that they were mistreated, and that market analysis that predicts the global sex reassignment surgery market size to reach $1.41B in 2025 and $2.51B by 2030 is wrong.
