The Supreme Court will soon consider whether to accept New York State Rifle & Pistol Association vs. Cortlett, which challenges New York’s carry laws. One of the legal briefs has the backing of nearly half of the Attorneys General in the US.

In their brief, primarily written by the offices of Arizona Attorney General Mark Brnovich and Missouri AG Eric Schmitt, the AGs argue that the collective histories of the 23 responding states demonstrates that “subjective-issue handgun permit regimes, such as N.Y. Penal Law §400.00, are unconstitutional because they impose state-created, subjective conditions upon the exercise of a fundamental constitutional right.”

The Amici States emphasize two reasons that this case warrants the Court’s review. First, empirical data and the States’ experience with objective- issue regimes demonstrate that these subjective-issue regimes undermine the very public-safety purposes that they purport to advance. Citizens that receive permits are significantly more law-abiding than the public at large, and studies link objective-issue regimes with decreased murder rates and no rise in other violent crimes. Public safety is also increased at the individual level when citizens carry for selfdefense and respond to a criminal attack with a firearm; these defensive gun uses leave the intended victim unharmed more frequently than any other option and almost never require firing a shot.

ONEOK, Inc. a major Bakken oil company, announced fourth quarter results:Fourth Quarter 2020 Results, Compared With Fourth Quarter 2019:

* 11% increase in operating income to $538.7 million.

* 12% increase in adjusted EBITDA to $742.0 million.

* 24% increase in Rocky Mountain region NGL raw feed throughput volumes.

* 11% increase in Rocky Mountain region natural gas volumes processed.

* $1.04 per MMBtu average fee rate in the natural gas gathering and processing segment.

Full-year 2020 Results, Compared With Full Year 2019:

* Net income of $612.8 million, including $644.9 million of noncash impairment charges.

* 6% increase in adjusted EBITDA to $2,723.7 million.

* 18% increase in Rocky Mountain region NGL raw feed throughput volumes.

* 10% decrease in operating costs.

Following a booming year in 2019, Montana’s high tech businesses held their own in 2020, according to Christina Henderson, Executive Director of Montana High Tech Business Alliance. “Companies have been able to adapt with remote work,” she said, “which provided for a fast come back” after initial shut downs. The data is still coming in regarding 2020.

In 2019, the state’s high-tech firms grew nine times faster than other sectors and generated a new record of $2.5 billion in revenues, according to a survey conducted by the Bureau of Business and Economic Research. Bozeman’s Next Frontier Capital reported $150 million in venture capital investment in Montana companies in 2019, also a new record. Another survey will be conducted in 2021.

“In 2020 we identified 600 high tech firms,” said Henderson, adding that in Montana the industry pays twice the median wage at $65,000. Most of the companies are in central and western Montana  — in Bozeman, Missoula and the Flathead Valley. Henderson said, “It will be interesting to see how locations might shift due to the increase in remote work.”

There were a few high tech firms that failed to make it through the COVID business shutdowns, but “most were able to pivot quickly and rebounded.”

“For many tech companies, the shift to working from home or with new workplace safety protocols was smoother than expected. For some firms, growth continued or even accelerated,” said Henderson.

There were some noteworthy events in high tech in Montana in 2020:

 In August, Ascent Vision Technologies (AVT), a veteran-owned firm specializing in counter-drone technology and aerial surveillance systems was acquired by CACI International for $350 million. AVT employs 60 people in Montana and plans to keep its headquarters in Bozeman.

Montana’s robust biotech industry rose to meet the challenges of COVID-19, accelerating advances in virus testing, vaccine development and telemedicine. In July, Missoula-based therapeutics company Inimmune secured $22 million Series A investment from Two Bear Capital in Whitefish, in addition to over $30 million awarded in recent NIH research grants and contracts.

Henderson pointed out that “the new normal” of working from home will bring changes to the workplace culture. It’s a change that could benefit Montana and rural communities in being able to recruit new workers and entice former residents to return home bringing high paying jobs with them.

The reverse could also happen in that companies outside the state could attempt to recruit Montana workers, depleting local talent by offering pay above local market wages.

The New York Times, Bloomberg and Forbes have identified Bozeman, Missoula and Butte as potential zoom towns – zoom towns being “relatively affordable vacation destinations where populations are rising as remote workers relocate.”

A negative factor in the new trend is that “the new influx of residents is also driving up housing costs and adding to the stratifying growing pains of Montana communities.”

Henderson said, “The demand for tech talent in Montana remains strong, but there is a gap between the skills and experience of local workforce and the requirements of available roles…. Leaders in business, education and government will need to collaborate to help Montana’s workforce adapt to a tech-driven economy.”

The shift presents an opportunity for Montana companies to recruit skilled remote Times, Bloomberg and Forbes as zoom towns – relatively affordable vacation destinations where populations are rising as remote workers relocate. Montana’s outdoor amenities and relatively low cost of living have long made it attractive to tech workers, helping to fuel economic growth. But the new influx of residents is also driving up housing costs and adding to the stratifying growing pains of Montana communities. 3) Changing Career Pathways The demand for tech talent in Montana remains strong, but there is a gap between the skills and experience of local workforce and the requirements of available roles. New graduates and displaced workers are often eager to transition into tech jobs, but need support finding career pathways in the field. Leaders in business, education and government will need to collaborate to help Montana’s workforce adapt to a tech-driven economy.

Edible Arrangements, a specialty store featuring gifts and treats, announced it has signed an agreement for its second location in Montana with a franchise restaurant in Missoula. Plans are already set to open the first store in Billings, which is expected to open in March.

 The team that will manage the new store include Robert Zarbock, Azure Zarbock and Kimberly Schwindt.

 “After working many years as a franchise operator, I was looking for an opportunity to diversify my portfolio and bring a delicious new concept to my hometown,” said Robert Zarbock, a Billings native. “Edible was the perfect brand to partner with as its commitment to constant innovation and strong business model was a great opportunity from an owner’s standpoint. Also, as a huge health-nut the product is simply delicious giving consumers a way to indulge their sweet-tooth in a healthy manner. Azure, Kimberly and I are looking forward to joining the Edible team and extending the brand’s reach into Montana.”

Together the team brings a strong track record of business ownership and management experience to the table as they begin their journey with Edible. Azure and Kimberly will manage and operate the new store alongside Robert as franchise owner and investor. The team plans to hire local employees to help run the Billings Edible store. 

“We are excited that Edible is once again entering the state of Montana. Our strong business model consistently attracts experienced franchise operators like Robert and it is these partners that have helped the brand expand across the nation,” said Patricia Perry, vice president of franchise development at Edible®. “With more than 20 years of franchise experience, I am confident this dynamic team will be successful.”

Edible offers a variety of unique and inventive assortments of freshly made gifts with real fruit and gourmet chocolate. From bouquets to individual grab-and-go treats to bakery items, each product is made fresh and can be picked up in-store or delivered by Edible’s insulated trucks with contact-less delivery through its seamless e-commerce system.

AAA’s latest automated vehicle survey finds more than half –58% — of drivers want to see Advanced Driver Assistance Systems (ADAS), like automatic emergency braking and lane assistance, in their next vehicle, with a majority (80%) looking for advancements to these systems. These findings signal that people are open to more sophisticated vehicle technology, which opens the road to boosting public acceptance of autonomous vehicles.

14% of drivers would be comfortable riding in a vehicle that drives itself

86% of drivers would be afraid to ride in an automated vehicle

A Fairfield Inn & Suites by Marriott is in the process of construction in Laurel. Managing partner of the motel is Erck Hotels of Helena, a company that manages a number of motels throughout the region. Another investor in the business, Steve Solberg, Laurel, said that the while footings for what will be a 75 –room motel are in, the contractor, Dick Anderson Construction, has halted construction because of the weather. They expect to resume construction in March and plan to be open for business about this time next year.

Solberg said that they did two studies on the feasibility of a motel in Laurel – one before and one after the COVID shutdown – and both affirmed that there is a demand for a motel in Laurel. Solberg pointed out a number of reasons, including that Laurel is at a crossroads for travelers heading east and west, north or south, and the location of Cenex, Rail Link, sports stadium, etc.

The project includes a commercial building or strip mall that will be compatible with the motel, which will include a plaza between the two.

The multi-tenant shopping strip at 311 Washington Street is expected to become home to seven or eight retail outlets, the first of which has already committed to the location. Leasing agent, Steve Zeier of Trinity Real Estate Advisors, reported that Jimmy Johns will be locating a franchise there. Jimmy Johns plans to be open by mid-summer.

Zeier said that space is available for retail stores varying from 1200 sq. feet to 3200 sq. feet. More information can be obtained by calling Trinity Real Estate Advisors at 670-6969.

The do-it-yourself binge that emerged during COVID isn’t expected to continue in 2021. But the trend contributed to the demand for wood products and pushed up prices in 2020, according to Todd Morgan, director of the Forest Industry Research Program, of the Bureau of Business and Economic Research.

Morgan’s forecast for the industry in 2021 was a generally positive one.

At the same time in 2020 that consumers were buying more for fixing up and remodeling, to while away the stay-at-home mandates, wood products supplies were reduced even more by production slowdowns and curtailments. Lumber shipments from Canada declined due to limited timber supply and reduced milling capacity.  The result was “historic price hikes in lumber and panel markets responded, reported Morgan. “The Random Lengths framing lumber composite price index increased nearly 150 percent the beginning of 2020 to its record high in September, when it started to slowly decline. In Montana, delivered log prices to mills were up 6% to 10% from 2019, just a small increase compared to national lumber prices.”

While new housing starts slowed down in March and April, as economic mandates befell the business world, there were other events that boosted activity throughout the year. There was a lot of post wild fire rebuilding and “a fairly mild winter through the end of the year that supported higher demand for wood products.”

“What we saw in wood products manufacturing were slight declines in earnings and in the number of employees.”

The forecast for wood products in 2021 are mixed, but generally positive, according to Morgan. Lumber and plywood demand is expected to remain strong. New housing starts continue to increase, and the home repair and remodel markets are expected to contribute to strong wood products sales. Likewise, there are positive signs for Montana on the forest management side.

In the longer term forest products has been declining since the 90s. It “has been relatively flat since end of recession,” and predicted earnings will continue to be down and so will employment levels. Although, “we have seen some recovery in workers and employment  in forestry support services.”

In Montana, in 2020 employment was down 8.5%, wages were down 6.7% and lumber production was down 16.5%. – “but not all because of COVID” – in fact when surveyed log buyers and mill controllers reported limited to no impact on their operations due to COVID.

The R-Y sawmill in Townsend curtailed operations mid-year because of a lack of log supply, which had been announced in January 2020. The Idaho Forest Group’s sawmill in St. Regis was down several months for a planned equipment upgrade, then resumed operations in August.

“Montana mills were generally able to continue operating. Even when they had sufficient logs to fill lumber orders, some mills were hard-pressed to match sales and shipping demands. This frenzy was short lived as mills worked through their log inventories while waiting for logging crews to get back into the forest after spring breakup. Lumber production in Montana through the first nine months of 2020 was 318 million board feet (MMBF), down 12.5% compared to the same period in 2019. Employment at Montana mills over the same period was down almost 5%, and wages paid to production workers slipped by about 10.6% compared to 2019.”

Earnings have gone up and primary sales have gone up, said Morgan, but “all that gain has been because prices have gone up and not because of production has.” Production actually declined slightly since 2014.

Lumber production peaked in 1988, and has been declining since even though housing starts have been increasing. That has to do with log supply, said Morgan. Log supply in the state has declining from private and national forest lands. Mills in Montana are operating close to capacity levels.

There are positive signs for Montana on the forest management side, said Morgan. State and federal agencies continue to cooperate under the 2014 Farm Bill’s Good Neighbor Authority to restore forest health, reduce wildfire hazard and harvest timber to meet ecological and economic objectives.

A total of 291,000 acres of former Plum Creek/Weyerhaeuser land was purchased by Green Diamond with plans to manage it as working forests open to the public.

By Jose Bustos

“It’s stupendous, it’s monstrous, it’s even humongous,” some may say, for one of the largest portions of an eye-opening Country Fried Steak ever placed upon a plate.  One of the fluffiest most flavorful Cinnamon Rolls you’ve ever tied on your tongue to taste.  It’s an inch and half thick, and eight and a half inches across, and yet one would say, they “nearly melt in your mouth.”  The frosting is subtly sweet, they’re light and delightfully porous, not thick and chewy, a cuisine-like chorus.  One comment heard, “Cover one with butter, your tongue will flutter.”

Breakfast ordered with bone in ham is surprising, as the ham slice is 10 inches across.  The breakfast burrito is a full 23 ounces, two and a half inches thick, by seven inches in length. One is enough for two to tackle.  The hamburgers are a mouthwatering, tummy stuffing 10 ounces, with a toasted bun, lettuce, tomato and condiments to consume.  For every visit, I’ve asked for a doggy box.  You’ll leave lovingly stuffed with lunch at the Tippy Cow!

The atmosphere is pleasant. The interior motif is relaxing and comfortable. The service is superb.  On entry to the foyer, you’ll be pleasantly greeted with a menagerie of Tippy Cow colorful coffee cups, and cute ‘n’ cuddly, Tippy Cow caps.  I shouldn’t forget, the staff is pleasant and friendly, merry and mooo-ving.

I had to firstly sing the praise of the most impressive items on their menu and Tippy Cow’s showcased pastries before expounding on the restaurant and staff.  It’s lively, dynamic, a family concern, no gambling, no alcohol served, and leisurely dress is part of the theme, hats or caps, plaid shirts and boots, if you so deem.  Harkless and his son Tony are hard-working guys, yet are friendly and always ready with a pleasant Western smile.  Then… the added accolades, Harkless’ wife Melissa.  A ball of bubbly, friendly effervescence, a magnetic smile, and a fun, quick comeback for any smart aleck remark.  A welcome that makes you feel as though she’s known you for the last ten years.  An added bouquet, Leanna, as she scurries around waiting on customers, with a vibrance, a vivacity, a fun infectious energy.  Just meeting the staff is part of a pleasant visit to the Tippy Cow Café.

Harkless had a small successful 10 table café in Portland, Oregon.  A planned trip from Portland, back home to visit his mother in Billings turned out to be an unplanned future venture and purchase of the former Golden Phoenix Chinese restaurant.  While staying at a motel near the vacant restaurant, and with the mere chance of a glance from the room he was staying in, Harkless saw a For Sale sign posted in one of the windows of the former Phoenix Chinese restaurant.  Was it providence, a vision, a fluke, or a touch of serendipity?  Harkless can’t explain it, but it turned out to be an unplanned stratagem to move his family out of riotous Portland and himself back to the hometown he loved and missed.

Without a second thought, Harkless called the real estate agent listed on the ad.  Due to the unwanted location for a planned marketing business, the real estate agency could not get buyers at the asking price.  In an effort to “get rid of it,” the agency accepted what Harkless offered and it was settled.  Harkless bought the building without really conferring with his wife, Melissa, with the adage of “asking forgiveness over permission.”  He asked her, “would you like to move to Montana?”  An emphatic “no” was her answer, as Melissa grew up in Portland and she had never traveled outside of her home state.  She’d heard of and feared the brutal Montana winters.  But with the political climate and the turmoil it caused in Portland, Melissa thought again about the suggestion, then agreed.  Melissa, their son Tony and his fiancé Leanna, decided to chance a new chapter in their lives. 

Tony, now The Tippy Cow Manager, and his fiancé Leanna liked the idea to try something new, so they signed on for the move to open a restaurant in a town they knew nothing about. They sold their homes in Portland, and Harkless sold his “D Street Café,” and all moved to Billings in January 2020.  They had no idea what their restaurant would look like, or what to name it, but they had what so many successful business owners have, the strength of character, the mettle, the faith in themselves and their dreams.  The bonus, the one thing that Harkless had in his pocket, was the successful experience with his café in Portland.

The Tippy Cow Café… now how did the Harknesses come up with that name?  While still in Portland, a friend brought him a sign that read, “don’t tip our cows, tip our staff.”  For whatever reason, he brought the sign with him, and again, was it serendipity?  In the process of remodeling the building, they couldn’t agree on a name for their new venture.  Melissa thought “Tippy Cow” was cute.  Harkless didn’t like it, but chose five names that included “Tippy Cow” and sent those names to a half dozen friends for their thought, and they ALL chose, yes – “Tippy Cow.”  That sign is now part of the Tippy Cow interior, which is located on the corner of Airport Road and Main Street in Billings. 

Harkless and family, along with friend Matt Tooley, gutted, then proceeded to remodel the interior, with nothing more than ideas they came up with as they went along.  The interior color was pink, and the floor was carpeted, so they had to paint the walls and scrape the floor.  The floor was then covered with attractive wood laminate.  Harkless calls this their “on the spot designing.”  With that they ended up with lots of natural light, augmented with interior lighting, and a soft beige and gray motif.  Corrugated lower walls and cultured stone adorn the interior to compliment the flooring, along with accented burnt pine trim. 

But then, the tables, the chairs – what will they be?  Harkless bought pine wood chairs from a California warehouse at $6 apiece, but could not find a local woodworker to build booths that would match.  He was able to find a craftsman in Spokane that was able to match the rustic pattern that matched the chairs.  Following the match up of the tables to the chairs, the burnt wood trim was an “on the spot” design that fits neatly with the western rustic look.  After weeks of hard work, Harkless comments, “we had fun doing it.”

By Daniel Brooks, Billings Chamber of Commerce

Today is legislative day 37 of a 90-day session, placing us within act two of this three-act show. The story’s characters have been introduced and now move into the confrontation stage. We can expect to see far fewer bills moved with unanimous votes as partisan priorities divide the legislature.

Although the session seemed to be moving quickly already, the pace is expected to pick up as deadlines for bill introduction draw near. Typically committees will hear 3-4 bills. Feb. 24 was the last day for lawmakers to introduce General Bills. With only 970 bills introduced so far, out of 3,354 bill draft requests, many will never get a hearing before the end of the session—hundreds of idle Chekhov guns that never served their purpose.  

One bill we hope to see pass before the credits roll on this legislative session is House Bill 340, sponsored by Speaker of the House Wylie Galt. The bill revises the Montana Economic Development Industry Advancement (MEDIA) Act, passed with bipartisan support in 2019, which provides tax credits for film production in Montana. Revisions proposed by HB 340 include allowing more expenditures to qualify for the credit and removing the state’s $10 million cap on credits issued.  

According to a June 2020 study, the MEDIA Act resulted in $47.6 million in total economic impact in Montana by incentivizing film production in the state. With all that we’ve got to offer—the old west, mountains, railroads, open highways, rivers that run through it, and of course THE BIG SKY—adding tax credits is like making an offer film productions can’t refuse. Just last year the television series Yellowstone moved filming exclusively to Montana, leaving the crew to contemplate, “I don’t think we’re in Utah anymore,”…probably.

 Before you start thinking this won’t benefit Billings, I’ll point out that nobody puts Billings in a corner. The film We Burn Like This, currently in post-production was shot in Billings and Butte. And the study mentioned above shows Yellowstone County hasn’t been left out of the mix, with multiple film and television productions in 2019.

Besides the exposure and tourism draw, additional film production in Montana means jobs. And not just for those in showbiz. Small businesses are tapped to provide materials, equipment, and services. The study also identifies benefits to real estate, healthcare, and other professional sectors.

Governor Gianforte signed his first executive order, establishing the Red Tape Relief Task Force. Led by Lt. Governor Kristen Juras, the group is tasked with reviewing state agencies and identifying regulations that are excessive, outdated, and unnecessary and that disproportionately impact small business.

Looking at some bills:

House Bill 340

Revise the MEDIA Act film tax credits

Speaker Wylie Galt (R), Martinsdale

Chamber Supports

Expanding the MEDIA Act tax credits and allowing more expenditures to qualify for the credit will build on the success our state has already realized through the 2019 legislation. Bringing more film production to the state means more jobs in a creative, high-skill industry, more work for small businesses that provide resources and services for film productions, and more exposure to our state, attracting more people interested in experiencing firsthand the splendor of Montana. The bill is likely to see strong support from the business community who are already supporters of the MT Film Coalition. In House Committee.

House Bill 424

Revise individual income tax laws

Rep. Emma Kerr-Carpenter (D)Billings

Chamber Opposes

This bill revises the individual income tax by adding a top marginal tax rate of 8.9% for income in excess of $500,000. It also increases the earned income tax credit (EITC). Earlier this session we expressed our support for the Governor’s tax bills SB 159 and SB 182, to reduce individual income taxes and put in place conditions to lower those taxes in the future when the economy is doing well. We believe it’s important, especially as we face a long road to economic recovery, that taxes on small business be lowered, reducing the cost of doing business in our state. As of this writing there is no fiscal note for the bill. In House Taxation Committee.

House Bill 43

Expand practice of telemedicine

Rep. Rhonda Knudsen (R)Culbertson

Chamber Supports

Despite all of the negative that has come from the Covid pandemic, a silver lining may be the advancement and expansion of telehealth. While we appreciate the draw of the Billings healthcare community, bringing Montanans from across the state who will shop with our businesses during their stay, we recognize the value to our state when people have better access to care. This bill ensures state health plans, group benefit plans, and student health plans include coverage for telehealth and defines telehealth as not dependent on location (i.e. predetermined sites). On February 17th, the bill will be heard in Senate Public Health, Welfare, and Safety.

House Bill 372

Eliminate business equipment tax

Rep. Brandon Ler (R)Savage

Chamber Monitoring

This bill would eliminate the business equipment tax in Montana. While we thank the sponsor for his efforts on this worthy cause, we believe a more measured approach, offered in the Governor’s and Rep. Kassmier’s HB 303, is more appropriate considering our economic circumstance. A fiscal note for HB 372 is not yet available, but we can assume the reduction to the general fund, local governments, and others will be substantial. We’re optimistic that Montana will have realized a full recovery by the next legislative session, at which point we can discuss further reductions of the business equipment tax. For now we’ll monitor HB 372.

Culminating years of work, a small satellite designed and built by Montana State University students  was launched on Feb. 20, aboard a cargo resupply rocket bound for the International Space Station.

The bread loaf-sized satellite, called by the acronym IT-SPINS, will dock at the space station until later this spring, then be propelled into orbit and commence a more than six-month mission of measuring the properties of Earth’s atmosphere at the edge of outer space.

Since the project kicked off in 2015 with a $1 million grant from the National Science Foundation, more than 30 MSU students in MSU’s Space Science and Engineering Laboratory have been involved in developing the satellite, according to David Klumpar, SSEL director and research professor in the Department of Physics in MSU’s College of Letters and Science. The launch will mark the 12th time a small satellite designed and built by MSU students in SSEL has been sent to outer space.

“We give students the opportunity to take a lot of responsibility in developing the mission, designing and making the hardware, putting it all together and then testing it to make sure it’ll survive the launch and work in space,” Klumpar said. “It’s a really hands-on experience.”

Using a specialized sensor created by the nonprofit research institute SRI International, the satellite will measure ultraviolet light emitted by charged particles, or ions, in the upper layers of Earth’s atmosphere called the ionosphere and thermosphere. IT-SPINS stands for Ionosphere-Thermosphere Scanning Photometer for Ion-Neutral Studies. The study could lead to improved forecasting of “space weather” in which variations in solar ultraviolet and X-ray radiation cause the number and intensity of ions to increase, sometimes interfering with satellites and orbiting spacecraft.

Besides the sensor, the satellite — including solar panels, batteries, communications hardware and a variety of computerized controls — was almost entirely designed and built by students, mainly engineering and computer science majors, with the help of SSEL staff, Klumpar noted.

Nevin Leh, who earned his bachelor’s in computer science from MSU in 2016, worked on the project as a junior and senior. He programmed the software that sends commands to the satellite, tracks it in the sky and downloads the data it collects.

Recent months have been a scramble as Leh, along with other SSEL staff and students, went through the final rounds of testing to ready the satellite for launch. “After you send something to space, you can’t just go up there and fix it,” Leh said.

Part of the testing involved putting the satellite in a vacuum chamber at MSU and cycling the temperature between minus-20 and 50 degrees Fahrenheit, simulating the harsh sun and chilling shade the MSU creation must endure as it orbits the Earth 14 times per day. The MSU team included specialized materials and coatings in the design to help the device retain needed warmth while also radiating excess heat.

SSEL will be involved in monitoring IT-SPINS and downloading data when the satellite passes within line-of-sight of the MSU campus, which will happen a couple times per day, according to Klumpar. MSU researchers will be involved in analyzing the data using a software developed by the Applied Physics Laboratory at Johns Hopkins University, a collaborator on the project.