Animal 'hoarding' bill wins Senate's approval

Montana's Senate gave its final approval Thursday to bill a that would include "animal hoarding" under the state's current animal cruelty laws. The bill passed by a vote of 33-17.

Under Senate Bill 221, "companion animal hoarding" is defined as possessing 10 or more household pets, failing to provide the necessary care for those animals and confining those animals in a severely crowded environment.

The bill also would require those convicted to and undergo psychological examination and treatment

The measure will now move to the House for consideration.

- by CNS reporter Shanda Bradshaw

Halftime in Helena

Senators Lynda Moss of Billings and Mike Cooney of Helena cast votes as the session's first half wound down. (Photo by Alison Smith)

Senate Democrats fume at failure to fund CHIP expansion;
Republicans pleased with efforts to scale back regulations

HELENA – Senator in both parties said Thursday they were pleased with the bipartisanship of the legislative session's first half, but Democrats were upset with Republican actions to block children’s health-care funding.

“This has been a session marked with highs and lows,” said Senate Minority Leader Carol Williams, D-Missoula.

Williams said that while the session should be remembered for a positive relationship between the parties, Democrats are “very, very disappointed and angry” at Republicans' refusal to appropriate start-up funds to expand the popular Children’s Health Insurance Plan.

The expansion, approved by voter inititivative in November, would cover thousands of additional Montana children whose parents can't afford health insurace.

“After 70 percent of Montanans voted to (expand) the CHIP program, I was disappointed that the Republicans, in a partisan way on their subcommittee, decided not to fund it,” Williams said. “I think it was irresponsible.”

Republican leaders said the party-line vote to block CHIP funding was merely a rational approach to limit spending in difficult economic times.

“You have to understand we have some financial realities to deal with as well,” said Senate Majority Leader Jim Peterson, R-Buffalo.

Peterson said the money to expand CHIP would have to be taken from other health care programs and the current budget cannot support a new program right now.

“This isn’t permanent,” Peterson said. “It doesn’t mean we won’t look at it in the future.”

Both parties said balancing the budget will be the biggest issue in the next half of the session and that spending millions in one-time federal stimulus dollars should be kept separate from state's regular budget. Party leaders also agreed that the budget process should not be sped up just to accommodate stimulus funds, as Gov. Brian Schweitzer recently requested.

“Things are not just going to happen overnight,” Peterson said, adding that the budget process is especially complex this year with stimulus considerations.

Williams agreed. “Legislators always want to be governors and governors always want to be legislators,” she said. “The governor will get his budget when we’re done with it.”

GOP leaders said they were happy with the progress of natural-resource development bills that passed through the Senate. They said streamlining the permitting and appeals process for projects will create much needed jobs in Montana and help the state take quick advantage of federal money for infrastucture projects.

“To do that we have to get permitting done and we can’t have that money tied up in the extended permitting and appeals process,” said Senate President Robert Story, R-Park City. “I think that’s something everyone in Montana should be concerned about.”

Democrats said the rush to streamline regulations and the permitting process is merely an excuse to unravel the state's landmark environmental laws.

Sen. Mike Cooney, D-Helena, said existing environmental regulations would not slow down “shovel-ready” projects tagged to receive federal stimulus money.

Beyond a backlog in environmental reviews of gravel pits, which would provide materials for projects such as road and bridge building, Cooney said there isn’t a single bottleneck caused by state regulations.

- by CNS correspondent Molly Priddy

The Session at Halftime

Photo by Alison Smith

GOP touts limits on environmental appeals; Demos cite state pay plan, bipartisanship

HELENA – House leaders gave the first half of the legislative session a passing grade on Wednesday, saying it was relatively mild in comparison to the 2007 session, but the tough issues are still waiting for them in the second half.

“We’re very excited about the agenda that we’re moving,” said House Assistant Minority Floor Leader Tom McGillvray, R-Billings.

House Minority Leader Scott Sales, R-Bozeman, said he was glad fewer bills were introduced this session compared to last session because lawmakers have “reasonable expectations” about the economic crisis.

“The less legislation the better,” Sales said.

Other Republican leaders said they were pleased with the passing of bills that would limit the permitting appeals process in natural resource development projects. They said the party was conducting itself well by being accountable to Montanans.

House Speaker Bob Bergren, D-Havre, said this session was as different as “night and day” from last session when it comes to bipartisanship levels. He said the House accomplished plenty of technical tasks, such as passing a pay plan bill.

“We’re getting along,” Bergren said. “The tone is definitely different this time.”

The biggest issue facing legislators in the second half of the session is the budget, Bergren said.

Bergren said he hopes the state budget will pass through the House like it usually does, allowing lawmakers to adjust it as they see fit. The stimulus package will also come into play, Bergren said it, but it should not affect the regular budgeting process since stimulus money is one-time-only funding.

Sales said Republicans are still worried about diminishing revenue streams and the affect they will have on producing a structurally balanced budget in only 45 legislative days.

“If we don’t really live within our means, we’ll be back,” Sales said.

Both Republican and Democrat leadership said Gov. Brian Schweitzer has appropriately abstained from influencing the session so far.

“I must applaud the governor in recognizing the Legislature is a separate branch,” Bergren said. He added that he hopes the governor weighs in during the budgeting process.

Republicans said Schweitzer has not met with them directly and they would like the opportunity to do so.

Minority Floor Leader Scott Mendenhall, R-Clancy, said Republicans hope the governor will be bipartisan and find common ground with them in the upcoming 45 days.

The Legislature will break for transmittal on Feb. 27 and start the second half of the session on March 2.

- by CNS correspondent Molly Priddy

House Republicans cry foul over unheard bills

HELENA – As lawmakers head into their halftime break, House GOP leaders accused Democratic Speaker Bob Bergren (pictured) today of unfair and unequal treatment in the handling of Republican bills.

House Minority Floor Leader Scott Mendenhall, R-Clancy, said Bergren broke House rules in a “blatant and brazen way” by opting not to schedule late Republican-sponsored bills for a hearing.

“Is it just coincidence they happened to be all Republican bills?” Mendenhall asked.

Mendenhall also said Bergren, of Havre, showed his partisan bias by splitting up the previous day’s floor agendas by party, with Democrat bills in the morning and Republican bills in the afternoon.

“That’s patently unfair,” Mendenhall said. “Can we look forward to more of this in the second half?”

Mendenhall’s speech was met with some Republican applause, which Bergren quickly stifled from the speaker’s chair.

Bergren said he has been fair, equal and in control for the first half of the session. “I believe you just helped set the tone for the next 45 days,” Bergren told Mendenhall.

Bergren admitted that he decided not to schedule hearing on one late Republican bill and a few resolutions because he didn't think the House had enough time to hear them. He said he should not have "desk-drawer vetoed" the bills.

“One minor violation that upset you, I apologize,” Bergren said.

In an interview later, Bergren said Republicans were bringing up “petty” issues and should be talking instead about heavy-hitting issues like the economy and health care.

“Republican leadership is once again out of touch with Montana,” Bergren said.

But Republican leaders said their concerns were valid. "It is a big deal,” said Minority Leader Scott Sales, R-Bozeman. He said these kinds of insider moves lead to partisan discord.

Despite the tiff, both sides said they looked forward to fostering bipartisanship after the halftime break that runs from Feb. 27-March 2.

Great Falls lawmaker targets 'animal hoarding"

By SHANDA BRADSHAW
Community News Service
UM School of Journalism

The first clue was the sound of barking dogs.

Their curiosity piqued, U.S. Customs officials at Montana's Sweetgrass border crossing decided to check the contents of an unventilated semi-trailer being towed by an Alaskan couple bound for Arizona.

What officials found on that October day more than six years ago shocked Montanans: Two hundred dogs, most of them collies, had suffered a week in the trailer. Many were sick or injured, their fur matted with feces.

The scene still disturbs Great Falls Sen. Mitch Tropila, who is carrying a bill this session to include "companion animal hoarding" as a special offense under the state's animal cruelty laws. The bill is scheduled for debate in the Senate Wednesday.

Tropila, who eventually adopted one of the abused dogs , admitted that the bill hits close to home. "Yes I do have a dog in this fight," he said.

Senate Bill 221 would consider a "companion" animal as any domesticated cat, dog, bird, ferret, rabbit, or other animal normally maintained in the residence of an owner. Companion animal hoarding is defined as possessing 10 or more household pets and failing to provide the necessary care for those animals or confining those animals in a severely crowded environment.

Tropila said that in most cases, people who hoard animals often are unaware of their wrongdoing because they suffer from mental illness, such as obsessive-compulsive disorder or bipolar disorder.

"They think they're helping, and they think they're giving these animals care," Tropila said. "But they have a problem."

If passed, the bill would require a person convicted of companion animal hoarding to undergo a psychological examination and treatment, at the person's expense, in addition to other animal cruelty penalties.

The bill would give authorities the ability to prosecute animal hoarding cases more seriously than they have been in the past, Tropila said.

"We're not trying to send these people to Warm Springs (state mental hospital) for ten years but we are trying to get them the help that they need," he said.

With the recidivism rate for untreated animal hoarders at nearly 100 percent, he said, proponents of the bill emphasize the need to provide them with sufficient treatment and monitoring to ensure that they don't mistreat animals again.

Some senators worried that the required psychological evaluation would cause hardship on the state system if offenders couldn't afford the evaluation on their own, Tropila said.

"We revised the fiscal note and decided that even if these people couldn't pay for their own evaluations, cost to the state would be minimal," Tropila said.

At a recent hearing , supporters ranged from law enforcement to the state director of the Human Society and animal shelter volunteers. There were no opponents.

Senate gives final OK to medical marijuana bill

The Montana Senate gave its final approval today to a bill that would increase the amount of medical marijuana patients may possess and expand the list of diseases for which the drug can be prescribed. Senate Bill 326 passed with a vote of 28-22.

The bill would increase the legal amount of medical marijuana a patient can possess from 1 ounce to 3 ounces. It would also expand the narrow list of diseases for which the drug can be prescribed to include diabetes, post-traumatic stress disorder, hepatitis C and Alzheimer's, among others.

The bill's sponsor, Sen. Ron Erickson, D-Missoula, said he aimed to ease more people's pain and expand access to the drug for those who already have prescriptions.

"This bill would significantly help the 1,600 people who currently hold medical marijuana cards," Erickson said.

The bill now heads to the House.

- by CNS reporter Shanda Bradshaw

Drive to limit interest on 'payday' loans falls short

HELENA – House lawmakers today refused to revive a bill that would have put a cap on the interest rates charged to consumers who take out 'payday' loans. The attempt failed by a vote of 51-49.

House Bill 396, sponsored by Rep. Bill Wilson, D-Great Falls, would limit interest rates to a 36 percent on both payday and auto loans.

The bill was tabled in committee on a party-line vote, 9-9. Wilson said it should be debated on the floor because Montanans going further into debt because of exorbitant interest rates, which he said can exceed 400 percent annually.

“These people are trapped,” Wilson said. “They are paying interest rates that in my opinion would make (TV mobster) Tony Soprano embarrassed.”

Rep. Shannon Augare, D-Browning, said payday loan businesses need more regulation because they are built on the same kind of greed that put America in the current economic crisis.

But opponents to reviving the bill said putting more regulations on this industry will only hurt its employees and the people who use the services.

“The purpose of this bill is not to cap interest rates,” Rep. Mike Milburn, R-Cascade. “It’s to put people out of business.” Milburn added that forcing these businesses to close will force the people who work there out of a job.

Rep. Edward Butcher, R-Winifred, said payday loans are often the only opportunity some low-income people have to borrow money for emergencies. He said paying $10 interest on a $50 loan is cheap compared to a $30 charge for bouncing a check at a bank.

“Until you’re going to go ahead and require banks to loan money to people that have no assets, you better not take away this one avenue,” Butcher said. “What do you want them to do, go sell their body on the street to get the money?”

HB 396 was originally tabled in the House Business and Labor Committee by a 9-9 party-line vote. It would need 60 votes from House representatives to force it out of committee deadlock and onto the House floor.

Similar efforts to revive payday loan interest bills in the Senate failed as well.

- by CNS correspondent Molly Priddy

House approves 3% increase for K-12 schools

HELENA – The state House gave preliminary approval to a bill that would increase K-12 education funding by 3 percent each year until 2011.

House Bill 15, sponsored by Rep. Dan Villa, D-Anaconda, passed second reading by a vote of 82-18. It is Gov. Brian Schweitzer’s plan to increase the basic entitlement and the total per-student payment by 3 percent in every district across the state.

Villa said the state has increased education funds since last session, and should keep doing so.

“It’s a simple 3 percent,” Villa said. “Here’s an opportunity to keep the momentum going.”

The bill passed with little fuss in the House.

Rep. William Glaser, R-Huntley, said the bill would not fully fund education needs, but he would vote for it because it could work in conjunction with the incoming federal stimulus money.

Rep. Wanda Grinde, D-Billings, said the bill was not perfect and would not give education programs all the money it needs, but it is a good start.

The bill was originally locked up in an 8-8 tie in the education subcommittee, with Republicans opposed. It went to the floor on a second vote from the subcommittee, 11-5.

-by CNS correspondent Molly Priddy

Senate passes bill to provide coverage for autism

By JENNIFER KIRBY
Community News Service
UM School of Journalism

Montana's Senate endorsed legislation Monday that would require insurers to provide coverage for critical early intervention therapies for autistic children

Senators voted 35-14 for Senate Bill 234, also known as “Brandon’s Bill,” which would require coverage for the treatments recommended for improving an autistic child’s quality of life, including applied behavioral analysis – an intensive intervention that can require eight hours of therapy a day.

According to The Center for Disease Control, one in 150 American 8-year-olds has been diagnosed with an autism spectrum disorder. Before studies done in 2004, it was generally believed that about 1 in 2,000 children had autism.

The Obama administration has given special attention to autism in its disabilities agenda , calling for universal screening and increased funding for care and research.

In Montana, the bill's sponsor, Sen. Kim Gillan, D-Billings (pictured), said treatment, specifically applied behavior analysis, is routinely denied coverage by insurance companies, placing huge financial burdens on hard working families in Montana.

In Monday's debate, the bill drew bipartisan support. Sen. Bob Hawks, D-Bozeman and the grandfather of two autistic grandsons, said the potential cost of the mandate was small compared to the cost of no treatment. He implored lawmakers to give these families some assistance, now.

Sen. Roy Brown, R-Billings, said that he hated mandates, but this one deserved their support.

“Brandon’s Bill,” named after Brandon Simonsen, a Montana boy who was diagnosed with autism at age 3, drew supporters from across the state in an emotional hearing earlier this session. Parents relayed story after story of not being able to get coverage for the treatments recommended by their care providers.

In some cases, limits on coverage for speech and physical therapy left parents paying out-of-pocket for most of the treatment. Some plans denied coverage of applied behavior analysis, dismissing it as experimental or unproven.

The intensive nature and high cost of that treatment put it out of reach for most parents if their insurance did not cover it. For some parents, qualifying for Medicaid was the only way to secure treatment.

Insurance lobbyists argued that the bill was unnecessary because they are already required to cover autism as a severe mental illness. An additional mandate for coverage, with an annual maximum benefit of $50,000 required by “Brandon’s Bill,” could increase premiums for everyone, they argued. Small business and labor representatives echoed that concern.

To address concerns of cost and medical necessity of treatment, the bill was amended. Of particular concern was the estimated cost of providing coverage for government workers.

Gillan disputed an analyist's estimated $12 per month increase in premiums, citing an actuarial study that estimated an increase of only $18.50 annually, plus a 15 percent administration fee.

She said in Minnesota, where Blue Cross Blue Shield has been providing coverage for applied behavior analysis and other recommended treatments without a coverage cap, premiums increased by 83 cents per month. In Indiana there has been no measurable increase in premiums after a similar bill was enacted, she added.

Amendments to the bill maintain the $50,000 coverage limit for children 8 years old and younger, while reducing that benefit to $20,000 for children 9 to 18 years old.

Researchers believe early intervention is essential to helping autistic children develop to their full potential, especially if children are treated before they enter school. Treatment plans for children over age 8 are generally less costly.

Other changes in the bill address treatment plan specifications and certification for treatment providers. Coverage for nutritional therapy and dieticians services was eliminated. The effectiveness of the dietary intervention was challenged by a doctor representing an insurance group during the committee hearing.

“The changes made don’t detract from the bill but helped tightened some of the language, making it a better bill,” Gillan said later.

The bill faces one more vote in the Senate before it makes its way to the House for consideration.

House blocks bill to keep Rx info from marketers

HELENA - A bill that would prevent pharmaceutical companies from using Montanans's personal medical information for marketing died on a party-line vote in the House, 50-50.

House Bill 394, sponsored by Rep. Dave McAlpin, D-Missoula (pictured), would penalize companies that use clients' medical information for marketing. Many companies already have access to these files for research purposes.

"The bill absolutely only affects the marketing of this data," McAlpin said.

The bill's supporters said Montanans should retain the rights to their information and get to choose how it is used."This bill is about protecting our privacy and anonymity from big business," Rep. Brady Wiseman, D-Bozeman, said.

But the opponents said the bill could cost consumers. "This will increase the cost of marketing," said Rep. Ron Stoker, R-Darby, adding that the companies will pay for it by raising drug prices.

-by CNS correspondent Molly Priddy

Medical marijuana bill faces crucial vote Tuesday

By SHANDA BRADSHAW

Community News Service

UM School of Journalism

The Montana Senate voted 25-24 Saturday to increase the amount of medical marijuana a patient can legally possess and expand the list of debilitating conditions that marijuana could be prescribled to treat.

Senate Bill 326, sponsored by Sen. Ron Erickson, D-Missoula (pictured), is scheduled to face a final Senate vote Tuesday.

"There are a great many people out there in pain, and medical marijuana would definitely help them," Erickson said Saturday.

The bill would amend current law to include illnesses such as diabetes, Alzheimer's and post-traumatic stress disorder on the list of illnesses for which medical marijuana could be prescribed.

Erickson said that change is one of the bill's two main goals.

"Number one is to increase access and supply for those people with prescriptions," Erickson said. "Number two is to expand the law to include new diseases and help the people that need it."

Erickson said the bill's opponents were most apprehensive about a section in the bill that aims to protect patients or caregivers that legally possesses medical marijuana from losing their job or being evicted from a rental home solely because of their marijuana possession.

"I told opponents at the hearing that I'm willing to amend this section of the bill when it gets to the House ," Erickson said. "So I think this is no longer a concern, and I expect the bill to pass."

SB 326 would also allow patients to get marijuana from more than one licensed caregiver, which could help patients find the supplies they need.

In addition to increasing the amount a patient can legally possess, the bill would also allow licensed growers to have six mature, budding plants and eight immature plants.

Capitol rally promotes marijuana as medicine

HELENA - Advocates for medical marijuana gathered in the capitol rotunda today to tout the plant's promise as a pain reliever.

Exhibits include live marijuana plants, each belonging to a registered medical marijuana user. Another exhibit showed the many uses of hemp. A crowd filled the rotunda as speakers discussed prescribing and using medical marijuana. Complimentary brownies were served at "high noon."

The rally was in support of Senate Bill 326, which would allow Montanans with prescriptions for the drug to possess up to 3 ounces. It would also expand the lists of illness for which marijuana could be prescribed.

Not everyone was pleased with the show. Rep. Tom McGillvray, R-Billings, questioned the legality of the display and said it should not be allowed.

But House Speaker Bob Bergren, D-Havre, said the marijuana display is covered by the First Amendment right to freedom of speech. Bergren also said Republican opposition to the rally was another example of how Republicans are out of touch with Montanans, because Montanans voted to legalize medical marijuana.

-Story and photo by CNS correspondent Molly Priddy

Juneau: OPI is studying stimulus aid to schools

HELENA -Superintendent of Public Instruction Denise Juneau asked state lawmakers today for continued education funding and said the Office of Public Instruction would give recommendations on the federal stimulus package soon.

"Public education is the only specific institution that the legislative body has a constitutional duty to fund," Juneau said.

The superintendent acknowledged the constant struggle to adequately fund education and finding solutions that do not involve court decisions.

"We must develop a solution that will outlast all of our political lives and agendas," Juneau said.

Juneau said OPI is still working on understanding specific requirements laid out by the federal government in the stimulus package, and said appropriation recommendations would be available soon.

Juneau also stressed the importance of graduating from high school, especially in today's competitive workforce. She endorsed bills that would increase the compulsory school age from 16 to 17 and efforts to increase distance learning opportunities.

-by CNS correspondent Molly Priddy

Bill to control riverside development draws fire

HELENA – A crowd of riverside landowners asked state lawmakers today to scuttle a bill that would require builders to keep their distance from from the banks of Montana's rivers and streams.

House Bill 455, sponsored by Rep. Michele Reinhart, D-Missoula, (pictured) specifies 10 major rivers in Montana as “Big Sky” rivers. Also known as the “Big Sky Rivers Act,” the bill would establish streamside setbacks at either 150 feet or 250 feet from the high-water mark, depending on the slope of the land. The bill also requires up to 150 feet of vegetation.

Existing buildings and development would be grandfathered in.

“It is a reasonable, responsible choice to protect people and natural resources,” Reinhart said.

Supporters said it would keep Montana’s rivers and streams clean by preventing unnatural erosion. They also said houses and developments located near a river detract from its natural beauty.

“You’re losing tourist dollars if you don’t do something like this,” said Rich Morrisey, who chose to retire in Montana. “This bill is so needed by the citizens of this state.”

Other supporters said statewide setbacks would keep people healthy as well as animals.

“People in Great Falls drink the water from the Missouri and we believe the setbacks protect water quality,” said Linda Stoll of the Montana Association of Planners.

The Department of Fish, Wildlife and Parks, the Department of Environmental Quality and several environmental groups also supported the bill.

But opponents said the bill was an attempt to take private property without compensation.

“This is a bad bill. It’s wrong and it’s evil,” said landowner Tom Greil. “What they’re going to do through zoning is steal our land for open space.”

Gene Williams, a landowner in Ravalli County, said he was concerned about government involvement on private land.

“Zoning enables regulatory authority, and when you talk about giving regulatory authority to government, what you’re talking about is an encroachment on private property,” Williams said.

Others said several counties already have setback regulations and no blanket set of rules will work on all rivers.

“The further you get zoning regulations from the counties, the more problems you have,” said Hertha Lund, an attorney representing landowners from Ravalli County.

Several county commissioners opposed the bill, saying the exemptions for cities and other types of landowners makes the bill confusing and biased.

Reinhart said she was frustrated with the hearing because the opponents had twice the time to speak as the bill's supporters. Public testimony lasted more than two hours.

- by CNS correspondent Molly Priddy

Senators line up behind anti-abortion measure

HELENA - A bill aiming to deny Montana's right to privacy as a legal defense for abortions passed its first vote on the Senate floor, 29-19.

Senate Bill 46, sponsored by Sen. Dan McGee, R-Laurel, would would ask voters to amend Montana's constitutional provision for the right to privacy, which currently says the right "shall not be infringed without a showing of compelling state interest.” McGee's bill would add one sentence, saying, "The protection of unborn human life is a compelling state interest."

Senators debating the bill spoke for over an hour this afternoon. Sen. Jonathan Windy Boy, D-Box Elder, was one of several Democrats to vote for the bill. He said humans should respect all life, with no exceptions.

"Life is life, it's black and white," Windy Boy said. "Life is precious - we don't even own our own life."

One of the few Republicans to oppose the bill, Sen. John Brueggeman, R-Polson, said he does not support abortion, but without including contraceptives in sex education, this bill will only create larger problems in the future.

"We have to change behavior," Brueggeman said. "We can treat addiction but you can't unmake a person."

As a constitutional amendment, the bill needs the votes at least 100 of the 150 legislators . If that happens, the initiative would be on the ballot in 2010.

-by CNS correspondent Molly Priddy

Baucus plugs stimulus plan, children's health care

HELENA – U.S. Sen. Max Baucus reassured state lawmakers today that the federal stimulus package would boost Montana’s economy through shovel-ready projects that will employ 11,000 people.

“One thing is clear,” Baucus said. “The economic recovery and jobs bill provide the jolt our economy needs.”

As chairman of the Senate Finance Committee, Baucus (pictured) said he worked to make the money in the American Recovery and Relief Act available as quickly as possible to Americans.

“Not everyone agreed on the final package,” Baucus said. “Negotiations were tense at times.”

Montana will receive $626 million of the nearly $800 billion bill for education, healthcare and infrastructure projects across the state.

“It’s not perfect, but it’s necessary,” Baucus said.

Baucus also stressed the importance of the Children’s Health Insurance Plan. Earlier that day, Republican members of a key budget committee voted against a bill to fund a voter-approved expansion of the popular CHIP program.

“Children’s health insurance is not a partisan issue,” Baucus told legislators.

A CHIP expansion was approved by Montana voters this fall.

- Story by CNS correspondent Molly Priddy

Photo by Alison Smith

GOP bills would set rules for carbon sequestration

HELENA – Two Republican lawmakers said today they have bills to lay out the legal framework for carbon sequestration, the process of capturing the carbon dioxide produced by large fossil-fuel power plants and storing it underground.

Sen. Keith Bales, R-Otter, unveiled the details of his carbon sequestration bill today which would put the sequestration program under the state Board of Oil and Gas.

“They have the expertise to go on and monitor this program,” Bales said.

By assigning the program to the board now, the state could request primary policy authority for sequestration from the federal government, Bales said. The bill would require underground carbon dioxide reservoirs to be monitored to ensure against leaks and would establish a fee for each ton of the gas stored in those reservoirs. The money would be put in a special fund to cover unexpected costs.

The bill would also authorize the state to assume ownership and liability over the reservoirs after carbon-dioxide injection has stopped for 10 years. Bales said he expects the federal government will take over the reservoirs in the future and it will be easier for the state to transfer liability to them.

A similar bill, Senate Bill 66, sponsored by Sen. Ron Erickson, D-Missoula, was tabled in committee earlier this session by Republicans in a party-line vote. Bales said he is confident his bill will pass through committee with bipartisan support.

“I think my bill will make it through because it solves the problems that were in the other bills,” Bales said.

Erickson's bill would have put the program under the authority of Department of Environmental Quality and the Board of Environmental Review.

Meanwhile, Rep. Duane Ankney, R-Colstrip, also outlined his bill, House Bill 338, which would allow pipelines to carry carbon dioxide as a common carrier, meaning they have the same rules and regulations as oil and gas pipelines. HB 338 passed its first vote on the House floor on Tuesday, 93-7.

Ankney said it was time for Montana to get moving on carbon sequestration, to create jobs and so power plants can sell their carbon dioxide.

“I think we’re way beyond the argument, ‘Is there global warming, is there not global warming,’” Ankney said. “Let’s get on with it.”

-by CNS correspondent Molly Priddy

Bill would exempt projects from state air-quality review

HELENA – A state lawmaker wants to exempt air-quality permits from review under state's environmental law in an effort to make it easier for energy plants and other large projects to get up and running.

Senate Bill 440, sponsored by Sen. Kelly Gebhardt, R-Roundup, states the federal Clean Air Act provides an adequate environmental impact analysis of potential building projects, making reviews under the Montana Environmental Policy Act unnecessary.

Gebhardt said today that the bill would help attract businesses to Montana and remove a redundancy in the permitting system. He also said the public will still have a voice in potential projects.

“I think we can still protect the opportunity of the public to be notified,” Gebhardt told the Senate Natural Resources Committee.

Supporters for the bill said it would help create desperately needed jobs in Montana.

“This bill doesn't take away the public’s right to be heard,” said Don Allen of the Western Environmental Trade Association, a natural-resource industry group. “It simply is geared to go forward in terms of trying to make things work better without being encumbered by things that shouldn't be there to start with.”

Candace Payne, a lobbyist for Southern Montana Electric Generation & Transmission Cooperative, Inc. said the bill would help her organization pursue its power-plant projects by removing undue state regulations.

The co-op recently blamed the regulatory process and lawsuits for its decision to shelve plans to build a controversial coal-fired power plant near Great Falls. The co-op hopes to build a smaller, cleaner natural-gas plant instead.

Payne said federal law is sufficient to protect public health and safety and that removing MEPA provisions would protect Montanans' right to use and enjoy private property.

But many SB 440 opponents said they spoke against the bill in response to the SME's proposed coal-fired electrical generating plant near Great Falls. They said they only fully understood the implications of the then-proposed coal-fired plant because of MEPA environmental impact analysis.

Jaybe Floyd, who lives outside of Great Falls, said MEPA helped her understand the implications the project might have had on her asthmatic son.

“Projects like this are beyond huge,” Floyd said. “They are outside the scope of understanding of most of us.” She said the current permitting process may be lengthy, but it ensures the public has an understanding and a voice about power plants built near their land.

Other opponents said the federal Clean Air Act does not account for home devaluation, dust, noise, heavy equipment on rural roads, seismic activity or emergency services.

Anne Hedges of the Montana Environmental Information Center said the MEPA environmental impact surveys are good for the companies as well as the public, because companies are often unaware of some neighbor concerns and are willing to address them.

Sarah Cobler of Montana Conservation Voters said removing MEPA provisions could cause a general public rejection of big projects in the state.

“I worry that, without the MEPA process which allows citizens to participate, there might be a push back from the citizenry,” Cobler said.

-by CNS correspondent Molly Priddy

Bill to ban death penalty passes first Senate vote

HELENA - A bill to abolish Montana's death penalty survived its first test in the state Senate today, passing by a vote of 27-23.

Senate Bill 236, sponsored by Sen. David Wanzenried, D-Missoula, would replace capital punishment with life in prison without the possibility of parole.

Lawmakers debated the bill for an hour, with supporters' agruments ranging from costs to morality. Some said that, because of required appeals, administering the death penalty is more expensive than life without parole. Others worried about wrongful convictions, while still others equated the death penalty with murder.

"It is not our position, it is not our duty to pass that judgment onto one another,” said Sen. Jonathan Windy Boy, D-Box Elder. "That's the law of the universe, that's the law of the Creator."

Sen. Gary Perry, R-Manhattan, said he began supporting death penalty abolition last session. He said life in prison without parole is essentially a death sentence in which the offender dies "according to God’s timetable."

However, senators who opposed the bill said the death penalty is needed as a deterrent and a tool to help prosecutors obtain guilty pleas.

“Having the death penalty gives prosecutors a bargaining chip to get plea bargains from murderers,” said Sen. Joe Balyeat, R-Bozeman. “If we remove this bargaining chip from prosecutors, I would argue that a lot more cases are going to go to trial.”

Some senators said they would vote against the bill because some criminals deserve to die for their terrible crimes. Sen. John Brenden, R-Scobey, used the case of convicted child killer Joseph E. Duncan III as an example.

“If somebody did that to one of my own, I would be enraged like Jesus was in the Bible,” Brenden said. “Jesus could get mad.”

The bill will have to pass a final vote in the Senate Tuesday before it could head to the House.

-by CNS correspondent Molly Priddy

Students march to support anti-meth project

HELENA - Hundreds of Montana students rallied on the capitol steps today for the Montana Meth Project's "March Against Meth." Sporting signs and chanting "Just say yes," the students walked from Helena High School to the capitol to urge lawmakers to allocate $2 million to the Montana Meth Project.

U.S. Sen. Max Baucus walked with the students and spoke at the rally. Other speakers included former meth users and Montana Meth Project officials. The governor, state legislators and other officials attended as well.

-by CNS correspondent Molly Priddy

Legislator aims to take politics out of redistricting

HELENA – It happens every decade, after every census: A five-member committee redraws the boundaries for legislative districts to ensure that each district has roughly the same number of voters.

Inevitably, the party out of power complains that the lines were drawn to give its rivals an edge in the next election.

Now a Republican from Victor is hoping to amend Montana's Constitution to change the way voting districts are created.

House Bill 500, sponsored by Rep. Gary MacLaren (pictured), would reduce the state districting and apportionment committee to four members. Currently, the constitution calls for four members chosen by the Legislature who vote on a fifth member to become the chairman. If they can’t agree, the decision goes to the Supreme Court.

MacLaren said this process is flawed because it gives the party in power a three-to-two vote to create districts they hope will benefit their party in the next statewide election.

“They’re gerrymandering,” MacLaren told the House State Administration Committee. “Some of those districts just don’t make sense.”

MacLaren said an even number of commission members could make fair decisions.

“Why does anybody have to be disadvantaged?” MacLaren said.

Rep. Sue Dickenson, D-Great Falls and the committee's vice chairman, said she was unsure a four-person commission could work together on such a divisive issue.

“Can you truly say with a straight face given what’s happened here so far this session that you can have an even number of people that can agree on redistricting and apportionment decisions?” Dickenson asked MacLaren.

MacLaren said he thought it was possible. In any case, he added, Montana voters should have the opportunity to decide the question.

Since the measure would require a constitutional amendment, it would need 100 votes from the 150-member to qualify for a future ballot.

No supporters or opponents testified at the hearing.

- by CNS correspondent Molly Priddy

Legislature's revenue projections slip yet again

HELENA – The Legislature's principal financial forecaster is predicting another $30 million drop in Montana's future revenues.

Analyst Terry Johnson's report blamed continued erosion in future revenues on declining insurance-tax payments, a smaller-than-expected increase in individual income-tax collections, declines in oil and natural gas production taxes, and low crude oil prices.

State cigarette tax revenues are expected to decline by $11.3 million over the next three years due to a federal tax increase from 39 cents per pack to $1 per pack in April.

Vehicle registration fees and taxes are expected to fall over $11 million in the next three years because fewer Montanans are buying new cars and are choosing instead to re-register older models.

This report is the third prediction of falling estimates since just before the current legislaive session began. Johnson predicted a $135 million revenue decrease in December and another $85 million decrease in January. The total predicted revenue decline is now $250.9 million.

Legislative leaders said Friday they had been expecting another decline in future revenues, considering the current national economic crisis.

"I'm disappointed it's continually going down," said House Speaker Bob Bergren, D-Havre.

The Legislature’s best guess on future revenues is important because it guides lawmakers’ spending for the next two years. Lawmakers are required by the state’s constitution to submit a balanced budget.

Bergren said the House will probably adopt the latest revenue prediction this week.

Senate President Robert Story, R-Park City, said lawmakers will have to start making big decisions about the budget even though they expected falling revenue numbers.

"It's probably right where we were expecting to be," Story said.

So far, the falling projections have lawmakers considering cuts to scheduled increases in spending and not actual deficits that are forcing other states to lay off workers.

Still to be considered are the effects the new federal stimulus law will have on Montana’s budget.

Gov. Schweitzer said last week the state should receive at least $600 million in federal money, with much it earmarked for health care, transportation projects and education.

- by CNS correspondent Molly Priddy

Montana grads seek help in paying college debts

By LAUREN RUSSELL
Community News Service
UM School of Journalism

HELENA – When Molly Morgan graduated from Montana State University-Billings last spring, she though she had left the barista business behind. But seven months and several part-time jobs later, Morgan is once working and the same Billings coffee shop she did when she was in high school.

After trying to find more permanent employment, Morgan couldn’t afford to keep looking for a job that would make use of her psychology degree; she had bills to pay. Morgan owes $22,125 in student loan debt.

“Luckily my mom lets me live at her house for $100 a month,” Morgan said. “I’ve been able to get a lot of my loans deferred because I can’t afford to pay them, but I’m considering going back to school to defer my payments even longer.”

Morgan’s situation isn’t unfamiliar to many graduates of Montana’s two-year and four-year colleges. According to the Montana Guaranteed Student Loan Program, about 70 percent of graduates of the Montana University System have loans when they graduate. Montana’s wages—among the lowest in the country—force some grads to leave the state to find work that will help them pay off their loans.

On Friday, the Senate Taxation Committee heared testimony on a bill that could give graduates an incentive to stay in Montana by giving employers a tax credit for helping their employees pay off student loans.

Senate Bill 304, the “Keep our kids here tax credit,” is sponsored by Sen. Roy Brown, R-Billings, and would give an employer a tax cut equal to the amount he or she contributes to a qualifying employee’s student loan debt, as much as $5,000 a year for up to three years per employee.

With this bill, Brown, who ran against Gov. Brian Schweitzer last November, would fulfill his campaign promise to use state resources to help Montana students in their pursuit of higher education.

To qualify, an employee would need to have earned a degree from a two-or four-year Montana college in 2009 or later and be employed at his or her job an average of 32 hours per week for at least 9 months during the tax year.

“So many of these kids leave college with high student loan debt, and they just don’t have many choices because they have to go somewhere where they can make enough money to repay their loan debt,” Brown said. “The way I see it, this bill would be a win-win situation for all: It helps the tax liability for small businesses, helps students pay off loans and keeps students in Montana.”

Proponents of the bill include the Associated Students for the University of Montana lobbyist Lucas Hamilton.

“What we hope to do with this bill is to provide an incentive to businesses to hire graduates from Montana’s four-year and two-year institutions—to start using resources the state has invested in,” Hamilton said earlier last week.

He said that though about 70 percent of graduates from Montana schools remain in the state after graduation, many are not necessarily working in their degree field.

“This bill is tailored to provide a direct stimulus into the economy so students can get directly into the economy in their chosen field and start building a life in Montana,” Hamilton said.

The problem, though, is that any new legislation that isn’t in the governor’s budget faces an uphill battle in what the governor calls a “belt-tightening legislative session.”

Depending on how many employers would claim the credit, the bill could cost the state anywhere from $4 million to $38 million in income tax revenue over a three-year period.

Brown has said that, because Montana is expected to receive federal stimulus money, the state can afford to finance a few tax cuts from its general fund, though most of the stimulus money is likely to be earmarked for specific projects. Brown said that, by giving graduates an incentive to work in Montana, the state’s economy will benefit.

“When you put more money in pockets of small businesses, more money in the pockets of employees and more money into the state of Montana, it’s a good situation for everybody,” he said earlier last week.

The bill has appeal for students like Morgan and Amanda Kelly, who graduated from the University of Montana last May and works at the University Center’s Shipping Express. They only wish it had come along sooner.

Kelly, who was born and raised in Montana, began paying her loans off in December and will be paying about $200 a month on her total debt of $16,000 until 2016. Though she wouldn’t qualify for the bill, she supports it as an incentive for other students who want to stay in Montana.

“This bill would have paid my entire debt,” Kelly said. “If you’re staying in Montana, you can’t expect to be making thousands of dollars anyway, and if this bill meant taking a lower paying job but not having to pay that $200 a month, which could go toward something else, then it’s totally worth it.”

State flapjack bill flops in committee

HELENA - Lawmakers in the Senate Agricultural Committee voted 6-3 to table a bill that would make the whole-wheat huckleberry pancake a Montana state symbol.

Sen. Carolyn Squires, D-Missoula, sponsored Senate Bill 232 on behalf of third- and fourth-grade students in her district who thought that whole wheat and huckleberries represented the whole state.

Opposition to the bill said it was an unnecessary use of Montana's time and finances.

- by CNS correspondent Molly Priddy

Ending tax holiday could raise revenue, cost jobs

HELENA - Oil and gas industry lobbyists showed up in numbers on Thursday to oppose a bill that would repeal the oil and gas tax holiday in Montana.

Senate Bill 258, sponsored by Sen. Christine Kaufmann, D-Helena (pictured), would charge production companies higher interest rates for wells drilled after Dec. 31, 2007, if the price of oil goes over $80 a barrel.

Currently, companies have a 12 to 18-month tax holiday depending on the type of well. Kaufmann said the companies can afford to pay a higher tax rate and the holiday only takes money away from Montana.

"To say that this industry needs to be on a perpetual holiday, an eternal holiday, is going too far," Kaufmann told the Senate Taxation Committee. She said the $80 trigger would give drilling companies a break if times get tough but then would ensure they pay their share when times are good.

Bob Decker of the Policy Institute in Helena said the current tax system for oil and gas companies is similar to the tax breaks the copper companies in Butte and Anaconda received 100 years ago. Instead of a "copper collar" on taxes, Decker said, there is now a "carbon collar."

Decker also called the 1999 Legislature's decision to enact the tax holiday the most costly, significant and mistaken policy in Montana. The 1999 session gave oil and gas companies the tax holiday because prices were falling and the companies were struggling. SB 258 supporters said the holiday cost Montana around $500 million in lost taxes between 2003 and 2007, when the industry was booming.

"What about when times aren't tough? Where is the return favor from the oil industry?" Decker said.

But oil and gas companies who opposed the bill said they have contributed to the state when oil prices were up. "When oil prices were high we did return the favor - we invested in Montana, and we provided jobs," said Steve Galt of the Montana Petroleum Association.

Much of the opposition stressed the tax-break incentive's importance when companies consider investing in Montana. They said it would be a mistake to deter business and told lawmakers that, if the tax comes back full force, Montana would probably lose investments.

"This bill will reduce jobs, and this bill will ultimately lower investment in the state," said Jon Brumley, CEO of Encore Acquisition. "It does not take many jobs to deplete an oil field. But it takes a lot of jobs to grow one."

Brumley also said it would be a mistake to tax companies when oil prices are high, because that is when exploration and investment happens. If Montana restores this tax, it will discourage be unattractive to ventures.

However, Kaufmann said the tax incentive only plays a small role in a company's investment decision. She said Wyoming has a higher interest rate than Montana, but they have seen a dramatic increase in oil production despite the rate.

"I think we have more evidence that it is, at most, a small factor in the economics of oil and gas wells," Kaufmann said.

The governor's office also supported the bill, with hopes that money earned from the interest could go towards funding education.

- by CNS correspondent Molly Priddy

Bill aims to deny privacy arguments for abortion

HELENA -State lawmakers heard lengthy and emotional testimony today on a bill that would have Montanans vote on a constitutional amendment that could pave the way for an eventual ban on abortion.

Senate Bill 46, sponsored by Sen. Dan McGee, R-Laurel, would ask voters to amend Montana's constitutional provision for the right to privacy, which currently says the right "shall not be infringed without a showing of compelling state interest.”

McGee's bill would add one sentence, saying, "The protection of unborn human life is a compelling state interest."

While his bill isn't a direct ban on abortion, it does strike at the legal underpinnings of state Supreme Court rulings that upheld abortions based on a woman's right to privacy.

The hearing before the Senate Judiciary Committee lasted for nearly three and a half hours, with both sides raising a litany of familiar arguments. Supporters of the bill said unborn fetuses have the right to live. Speakers in opposition worried about the amendment's potential effects on medical procedures for all pregnant women, not just those seeking abortion.

To make the ballot, the measure would need the votes of 100 of the Legislature's 150 members.

-by CNS correspondent Molly Priddy

Bill to abolish Montana's death penalty advances

HELENA - Legislation to abolish Montana's death penalty inched forward Friday, heading toward a debate of the full Senate.

The Senate Judiciary Committee voted 7-5 to recommend passage of Senate Bill 236, sponsored by Sen. Dave Wanzenried, D-Missoula. The bill would replace the death sentence with life imprisonment without the possibility of parole.

Hold the huckleberries: Pancake bill has its critics

HELENA - Lawmakers were treated to whole-wheat huckleberry pancakes after a hearing for a bill that would make the pancake a state symbol.

Sen. Carolyn Squires, D-Missoula, sponsored the bill on behalf of third- and fourth-grade students in her district who thought that whole wheat and huckleberries represented the whole state.

The only thing as sweet as the syrup on the pancakes was the opposition of Helena's Ticknor family children, ages 9 to 17, who asked the Senate Agriculture, Livestock and Irrigation Committee to table the bill as an unnecessary use of state time and money.

- Photo by CNS correspondent Molly Priddy

Right-to-Work legislation fizzles in committee

HELENA – Labor leaders and union members turned out in numbers Tuesday to oppose legislation that would allow Montana workers to choose whether to belong to a union.

When all was said and done, the Senate Business, Labor and Economic Affairs Committee voted 7-4 to table Senate Bill 339, sponsored by Sen. Greg Hinkle, R-Thompson Falls (pictured).

Also called the Right to Work Act, the bill would repeal compulsory union membership in Montana. Supporters told lawmakers Montanans should have a right to decide where their money goes and should not have to pay mandatory union fees as a job requirement.

“It’s not a knock against the union,” said Daniel Kenney, a state employee. “Everybody has a right as an individual to choose whether or not to join a union.”

Other supporters told legislators that mandatory union dues hurt Montanans during tight economic times. Anthony Smith, a masonry business owner from Bozeman, said he started his own business because the union did not represent him well, even though he was paying dues.

But labor leaders said the bill would weaken unions and threaten Montana’s economy.

“Collective bargaining is our means of communication for our work privileges,” said Jim McGarvey of the Montana AFL-CIO. McGarvey said collective bargaining gives union workers in Montana better health insurance benefits and wages than non-union workers.

Evan Barrett, one of the governor's advisers on business issues, said mandatory union membership has not harmed Montana's economy.

“There is no reality to the concept that this is a big interest of the businesses that seek to locate in Montana,” Barrett said.

Other unions that opposed the bill included the Montana Educators Association/Montana Federation of Teachers, International Brotherhood of Electric Workers, the State Building Trades Association, the Montana Association of Plumbers and Pipe-fitters, the Teamsters, the Carpenters Union and the Montana State Fireman’s Association.

“Right to Work” bills have been introduced unsuccessfully in many Montana legislative sessions. Last session’s bill died in committee.

-by CNS correspondent Molly Priddy

Bill seeks drug testing of driver's ed instructors

HELENA – Montana's driver's education teachers would have to submit to random drug and alcohol testing under a bill heard today by the Senate Education Committee.

Senate Bill 312, sponsored by Senate President Robert Story, R-Park City (pictured), would allow traffic educators to be tested under Montana’s Drug and Alcohol Testing Act. The law allows random testing for workers in potentially hazardous jobs, like airline pilots and school bus drivers.

Story said the bill springs from a case in Columbus in which a driver’s education teacher was using prescribed drugs while teaching. He said driver’s education teachers are unique from other teachers in potentially dangerous classrooms, like science labs or woodshops.

“These (driver’s education) teachers are not under the direct supervision that these others are,” Story said.

The bill was supported by the Montana Association of Superintendents and the Montana School Board Association.

But Jane Hamman, representing the Montana Traffic Educators Association, said the bill is unnecessary and insulting to traffic educators.

“It is totally inappropriate to require drug and alcohol testing of our teachers of traffic education,” Hamman said. She said the traffic educators already have their driving records checked annually and a drug and alcohol problem among traffic educators is nonexistent.

Marco Ferro of the Montana Educators Association/Montana Federation of Educators said the bill would be discriminatory.

“This bill casts a very wide net,” Ferro said. “We do not support random drug testing of employees.”

Other opponents said the bill would create an unreasonable cost for school districts in tough financial times and that traffic educator drug and alcohol use is not a common problem. They also said it would make hiring these teachers even tougher, that the job is already stressful enough.

Story said hiring may get more difficult, but the bill would ensure schools don’t hire “anyone who comes along.”

“It may weed out the driver that, because it’s stressful work, deals with that stress inappropriately,” Story said.

- by CNS correspondent Molly Priddy

Teachers union opposes bonuses for new recruits

By LAUREN RUSSELL
Community News Service
UM School of Journalism

HELENA – Although educators are pushing for millions of dollars in school money this session, several turned out Friday to oppose a bill that would provide $3 million in signing bonuses for beginning teachers in rural Montana.

Senate Bill 279, sponsored by Sen. Roy Brown, R-Billings (pictured), would give $10,000 individual signing bonuses to graduates of Montana university education programs who commit to working in rural areas for three years. For 300 qualifying teachers, the bonus would be paid out in increments over a three-year period: $4,000 the first year and $3,000 the subsequent two years. Money to pay for the bonuses would come from the state's general fund.

Brown said the bill, which would sunset in 2012, would help recruit and retain teachers who take better-paying out-of-state jobs for positions in rural communities, which are struggling to recruit good teachers.

“How long are we going to continue exporting our greatest resource—our kids?” Brown said. He said that by paying the bonus in stages, teachers would be encouraged to remain at a school for at least three years.

The bill makes good on a promise Brown made last fall when he campaigned against Democratic Gov. Brian Schweitzer. The governor is backing a competing bill that would raise salaries for Montana teachers by imposing a surtax on oil and natural gas production. Brown, who spent years working in the petroleum industry, has opposed that idea, saying it would discourage drilling and cost Montana jobs.

On Friday, opponents of Brown’s bill said that, while recruiting teachers to work in rural towns is a serious problem, his measure fails to address a root source of the state’s educational woes: below-average wages for all Montana teachers.

Eric Feaver, president of the Montana Educators Association/Montana Federation of Teachers, said that the bill would discriminate against currently employed teachers and, in some cases, raise the salary of a beginning teacher above that of an established teacher.

“If you want to see an interesting fight,” Feaver told the Senate Education and Cultural Resources Committee, “you start talking about signing bonuses with teachers who are already on staff.”

Feaver said in an interview Thursday that the bill would not solve the problem of Montana teachers’ salaries, which are about $9,500 lower than the national average.

“We know that retaining teachers in our rural areas is a problem, but this bill will not fix this problem,” Feaver said.

Madalyn Quinlan, chief of staff for the Office of Public Instruction, said that the bill could place school districts in the position of having to hire teachers with little or no experience over teachers with more experience and education because the bonus would make the inexperienced teacher’s salary more affordable for the school.

Bruce Messenger, superintendent of Helena public schools, praised Brown’s intention but said that until a minimum starting salary of at least $30,000 is established for all teachers and until districts large and small receive better funding, signing bonuses will not effectively improve the quality of Montana’s public schools.

But Dave Puyear, executive director of the Montana Rural Education Association and the lone educator in support of the bill, said the bill is a good start to a decades-old problem and described his own background as a teacher who reluctantly took a one-year job in a small Hi-Line community.

“I had no intention whatsoever of staying more than a year, no intention whatsoever, and I ended up teaching there for ten years,” Puyear said. “That’s the power of this kind of recruitment potential, to be able to get somebody into that area and help them understand the community and the advantages that we can’t necessarily quantify.”

Other supporters of the bill were the Montana Taxpayers Association, the Associated Students of the University of Montana and the Associated Students of Montana State University. The committee took no immediate action on the bill.

Donors to private-school scholars seek tax break

HELENA – Private-school students packed the Old Supreme Court gallery Thursday to hear a bill that would give tax credits to individuals or businesses that give money to private-school scholarship funds.

Senate Bill 342, sponsored by Sen. Jeff Essman, R-Billings, would give tax credits to those who give money to scholarship organizations that help send low-income students to a private school. Donors would receive an 80 percent tax credit on their gift. The total amount of tax credits allowed would be capped at $10.3 million.

Opponents said the tax credit will hurt the state by taking away $10.3 million in revenue that might otherwise go to public education. They also described the bill as an attempt to make the state subsidize private education.

Eric Feaver, director of the Montana Educators Association/Montana Federation of Teachers, said SB 342 is a new version of school voucher bills that have failed in past sessions.

“To drive public money into the private sector is just simply wrong,” Feaver said. He also said it is unconstitutional for the state to fund sectarian schools.

But Essman said the bill would simply give 2,600 Montana children the ability to be placed in a private school they would other wise be unable to attend. He insisted it was not an appropriation or a grant of state money.

“The bill would offer an opportunity these 2,600 students of limited means who are not now able to attend the private school of their choice to have that choice,” Essman said.

Parents of students in private schools told lawmakers the bill would help them pay tuition. Private-school administrators from around the state said the scholarship organizations would help them attract more students.

But Don Jones, a Helena School Board member, said tax credits for private education weakens the separation of church and state.

The Office of Public Instruction, the Montana School Board Association and the American Civil Liberties Union also opposed the bill.

- by CNS correspondent Molly Priddy

Senate rejects seat-belt bill on final vote

HELENA – A bill that would allow police to pull drivers over for not wearing seat belts failed on its final vote Thursday after several state senators changed their minds from the day before.

Current Montana law allows law enforcement to ticket drivers for not wearing seat belts but only after they have been pulled over for another offense.

Senate Bill 237, sponsored by Sen. Dave Lewis, R-Helena, would have made the failure to wear a seat belt a primary offense. Senators voted 25-25 for the bill after a lengthy debate the previous day. The voting crossed party lines.

Supporters said the bill would cause more people to use their seatbelts, but opponents said the bill would impinge on Montanans’ liberties by giving police an excuse to pull drivers over whenever they feel like it.

Tougher seat-belt bill narrowly survives early vote

HELENA – A bill that would allow police to pull drivers over for not wearing seat belts narrowly cleared its first hurdle today.

Current Montana law allows law enforcement to ticket drivers for not wearing seat belts but only after they have been pulled over for another offense. Senate Bill 237, sponsored by Sen. Dave Lewis, R-Helena, would make the failure to wear a seat belt a primary offense.

Senators voted 25-24 for the bill after a lengthy debate, and the voting crossed party lines. A final vote is scheduled for tomorrow.

Supporters said the bill would cause more people to use their seatbelts. “I know that if we pass this bill fewer people will be killed,” Lewis said.

But opponents said the bill would impinge on Montanans’ liberties by giving police an excuse to pull drivers over whenever they feel like it. “This opens the door to be pulled over for any reason, any time,” said Sen. Dan McGee, R-Laurel.

Opponents also said the bill would promote racial profiling by giving police an easy reason to pull over Native Americans. Sens. Jonathan Windy Boy, D-Box Elder, and Sharon Stewart-Peregoy, D-Crow Agency, opposed the bill for that reason.

-by CNS correspondent Molly Priddy

Lawmakers weigh fate of Montana's death penalty

HELENA – Legislation to abolish the death penalty in Montana drew a crowd this morning. The Senate Judiciary Committee heard nearly three hours of testimony on Senate Bill 236, which would abolish capital punishment and replace it with a life sentence without the possibility of parole. (Photo by CNS correspondent Molly Priddy)

Senate kills bill to include tips in minimum wage

HELENA – The state Senate voted 29-21 today to reject a bill that would have allowed employers to include tips in any future minimum wage they pay their workers.

Senate Bill 253’s sponsor, Sen. Donald Steinbeisser, R-Sidney, said the measure would help Montana's struggling restaurant industry get back on its feet.

“The restaurant people are in trouble,” Steinbeisser told the Senate before the vote. “Is it better to have a job with a little bit less tips or to not have a job at all?”

The bill would have allowed employers to count tips toward the minimum wage but only after that wage tops $6.90 an hour. The minimum wage, which is tied to the national inflation index, is scheduled to increase to $7.25 an hour in July.

Supporters of the bill included the owners and managers of many Montana restaurants and other small businesses.

Opponents to the bill said it would penalize the poorest of the poor in Montana for doing their job well.

Sen. Ryan Zinke, R-Whitefish, said the state has many different levels of tip-income and the bill would hurt workers in rural areas. He said the restaurant industry may be in trouble, but the problem lies in unemployment benefits and worker’s compensation, not with the tipped employees.

“I don’t think this bill fixes the problem,” Zinke said.

Attorney General Steve Bullock, who worked to pass the 2006 initiative that raised the minimum wage and tied increases to inflation, held a press conference Tuesday to rally opposition to the bill. He cited the 73 percent of Montana voters who approved the measure.

“The legislation is taking the first step to gut the popular will of what three out of four Montanans have said,” Bullock said. “Their voice isn’t being heard in the halls of this building.”

Bullock said the economy is certainly suffering but it should not be fixed by taking money away from the poorest people in the state.

“We need to make sure we’re watching out for the little fellers, not just the Rockefellers,” Bullock said.

All of the Democratic senators voted against the bill. The six Republican senators to vote against it were Sens. Taylor Brown of Billings, John Brueggeman of Polson, Rick Laible of Darby, Dave Lewis of Helena, Terry Murphy of Cardwell and Ryan Zinke of Whitefish.

- by CNS correspondent Molly Priddy