Sen. Bogner's Military Service Focuses His Legislative Service on Privacy, Geopolitics

Editor's Note: This is the second in a series of lawmaker profiles of rising leaders from both parties, aimed at giving a glimpse into the lives legislators lead outside of the Capitol and how that affects how they lead inside the Capitol and highlighting the makeup of Montana's citizen legislature.

HELENA – Privacy has been a major talking point that comes in all shapes and sizes at the 68th Montana Legislature. Sen. Kenneth Bogner has been at the forefront of the issue since his first session in 2019.

Bogner, a Republican from Miles City, is one of a handful of lawmakers in Montana's citizen legislature who has a professional political pedigree. He has a degree in International Relations from Columbia University in New York, and a master's degree in public policy from Middlesex University in London.

He was able to get those two degrees due to GI Bill money he received from enlisting in the Marines at 18 and serving two tours in Iraq during his four-year service.

"In the Marines, I got really interested in geopolitics and how some kid from Miles City ends halfway around the world in the desert. You know, fighting a war," Bogner said.

Bogner said he bounced around for a little bit, but during his master's work in England he was required to write a final thesis on public policy, which brought him back to Montana. He did an internship for Montana Republican Senator Steve Daines for five months, which ultimately led him to moving back full time.

In his three sessions at the Legislature, Bogner has used his role in the Senate to strengthen privacy laws throughout the state. In 2021, he got an amendment to the Montana Constitution put on the ballot that made it so electronic data and communication were protected in searches and seizures. In 2022, the amendment was approved by 82% of voters.

This session, he is carrying Senate Bill 397, which would create the Facial Recognition for Government Use Act and prohibit the use of continuous facial surveillance and the use of facial recognition technology except under certain law enforcement exemptions. The bill passed the Senate earlier this month on a 44-6 vote and is now in the House.

Sen. Ellie Boldman, D-Missoula, is an attorney and shares Bogner's passion for citizens' privacy. She helped Bogner with the facial recognition bill.

"I have a real interest in the privacy of our citizens and he's really been a leader on that issue. We've gotten to do some stuff on that front together, but we're also very interested in it from different fronts," Boldman said. "I'm from a very urban area, and he's of course from a rural area in Eastern Montana."

Boldman said Bogner is always willing to collaborate, even with individuals on the opposite side of the aisle.

"Every once in a while there's really unique legislators like Sen. Bogner ... just willing to find common ground where we can find common ground," Boldman said. "Bogner's a really great leader for a new generation of Montanans, young families, students, and I'm really proud to work with him."

She also praised him for never being disagreeable when they do conflict on issues.

Bogner said his interest in geopolitics and his curiosity for citizens' rights to privacy ultimately led him to merge the two this session.

He is also the sponsor of Senate Bill 203, which would prevent foreign adversaries from buying agricultural land and critical infrastructure across the state.

"I was interested in using state policy, kind of as foreign policy, and making sure that we're doing what we can as a state to protect our borders and push back against our adversaries," Bogner said. "So making sure that countries like China aren't coming into the state to take advantage of our policies to spy on our citizens or steal our intellectual property."

SB 203 passed the Senate 44-6 on Mar. 2, and awaits confirmation from the House.

But, some lawmakers, even those in Bogner's own party, said the bill goes too far. Sen. Brad Molnar, R-Laurel spoke against the bill during discussion on the floor, saying that the bill is unconstitutional and unenforceable.

"Last time I refused to vote (on the bill), I don't mind voting against unconstitutional bills," Molnar said "However, I did not vote because I don't want my wife to face violence based on how this would be portrayed now or should I run again, and it will be in every post card."

Molnar's wife is of Chinese heritage and he feared ramifications and perceptions that this bill would create if he voted on it before.

"Because it's unconstitutional, because it will never be enforced, because by the time we have an election, nobody's going to enforce it because it's unenforceable, and because we rejected the only opportunity to make it that way I'm going to vote no this time," Molnar said.

Following the halfway mark of the 2023 Legislature, Bogner said he is looking forward to watching his legislation hopefully reach the finish line, but like many lawmakers, he said his focus will now turn to the state's budget.

"I'm excited to see what we do with the budget, you know, with our extra money. How we spend that is going to be an interesting debate," Bogner said "I'd like to see some long-term tax relief with the money."

Even with Bogner's own interest in privacy and geopolitics, he still maintains that he is in the Capitol to serve the people he represents, and wants to help them with legislation that they feel is necessary.

"He is very approachable, very friendly, and is willing to help the people around him," Robin Hogan, a local dentist in Miles City, said.

Bogner helped Hogan get a piece of legislation passed in 2019 that revised property rights, and made it so that homeowners associations couldn't impose new restrictions on property owners that purchased properties before the new regulations.

She said her family needed legislation like this because they had a place in Red Lodge that they were renting, but the homeowners association in the area made a new restriction that prohibited the ability to rent the property.

Hogan said the two caught a lot of controversy for that bill during the session and she was at the Capitol nearly every day fighting for the bill.

"With all the heat, and there being so much opposition it was nice to be working with him on it," Hogan said. "He's a very kind and passionate man, and Montana is lucky to have him representing them."

Caven Wade is a student reporter with the UM Legislative News Service, a partnership of the University of Montana School of Journalism, the Montana Broadcasters Association, the Montana Newspaper Association and the Greater Montana Foundation. He can be reached at [email protected].