Llamas and the Law: Here are some products of the session that may have flown under the radar

By WILL MELTON and JENNIFER KIRBY
Community News Service
UM School of Journalism

In all, 1,316 bills were introduced in the 2009 Legislature, but not all of them made big headlines. Here are a few odds and ends, now signed into law, that you may have missed:

• HB 90 adds llamas to the list of animals that are eligible for coverage for losses by wolves. Previously, the list included cattle, swine, horses, mules, sheep, goats and livestock guard animals. Any llamas killed by wolves will net the owner the fair market value.

• HB 288 bans reproductive cloning in Montana, making any attempt to clone a person a felony offense. Any fines collected as a result will go into the state general fund.

• HB 308 allows a sentencing court to make an offender donate food to a food bank to fulfill all or part of a sentence.

• HB 372 allows an exemption for jury duty for nursing mothers or various primary caregivers who couldn’t find suitable substitute care. Previously, jury exemptions were allowed only if they caused undue hardship to the potential juror him or herself.

• HB 534 requires an audio, visual, or audiovisual recording of any felony-level interrogations. The bill will hopefully prevent disputes about the treatment of a suspect, keep suspects from changing their stories and enhance public confidence in the criminal process.

• HB 37 changes the wording in Montana Code Annotated to achieve gender neutrality by acknowledging that a governor is not necessarily a he, and replacing all other strictly male references with gender neutral alternatives. “Shall” changed to “must,” along with a variety of other adjustments, to make the language of the codes more comprehensive.

• HB 203 requires the Department of Fish, Wildlife and Parks to notify the public before transplanting wolves, bears, or mountain lions to either public or private property by posting the information on the FWP Web site. The bill also requires FWP to notify the landowner before releasing any of these animals on private property.

• HB 546 protects an individual’s right to free political speech via the campaign sign. The bill says property owners’ associations may not forbid the placement of candidates yard signs, though they may still regulate size and placement.

• HB 362 limits the liability for health care professional providing care during a disaster, be it natural or human caused.

• SB 447 requires law enforcement agencies to preserve DNA obtained in connection with a felony for which a conviction is obtained for a minimum of three years.

• SB 424 makes it illegal to sell or install a mercury-added thermostat in Montana after January 1, 2010. Manufacturers must also establish a program to collect and recycle mercury-added thermostats.

• SB 388 establishes a training program for incumbent workers, called a “BEAR program” (business expansion and retention program) to train current employees of businesses employing 20 or fewer workers but no more than 50 statewide. The program also includes grants for employers to assist in the training of employees at state universities, community colleges or apprenticeship programs.

• SB 325 clarifies the Medical Marijuana Act, specifically prohibiting a person who is a designated caregiver of an authorized medical marijuana user from using marijuana or using drug paraphernalia other than in limited circumstances. The law also specifies that patients may not operate a motor vehicle, aircraft or motorboat under the influence of marijuana or use marijuana on a school bus or other public transportation, on school grounds, in correctional facilities or at any public park, beach, recreation center or youth center.

• SB 68 makes it illegal to place all or part of a dead animal in “a lake, river, creek, pond, reservoir, road, street, alley, lot or field” and to place part or all of a dead animal within one mile of a residence unless the dead animal is burned or buried at least two feet underground or put in a licensed animal composting facility.

And the list keeps growing ...

Legislature adjourns after passing key money bills

Senate President Bob Story brings the gavel down to adjourn the 2009 Legislature. (Photo by Molly Priddy)

By MOLLY PRIDDY
Community News Service
UM School of Journalism

HELENA – With snow falling outside, the final gavel fell on Montana’s 61st Legislature Tuesday, as lawmakers gave final approval to the state budget, the federal stimulus plan and a bill that seeks to lessen the financial blow to taxpayers from the state’s recent property appraisal.

Republicans and Democrats fought this session over funding for children’s health care and K-12 schools, but legislative leadership said the level of civility this session allowed for more compromise than the last session.

“We did have a good working relationship between the Senate and the House and between the Republican and Democrat caucuses,” said Senate President Bob Story, R-Park City.

Both parties said they stuck to their priorities throughout the session, with Republicans pushing for less state spending and Democrats promoting more state funding of children’s health insurance and education.

“I think overall we have done the people’s business,” said Sen. Carol Williams, D-Missoula.

House Bill 2, the state budget, will fully fund the Healthy Montana Kids Plan, a voter-approved expansion of children’s health insurance funded by the state. The budget will also give K-12 education a 3 percent increase in funding with help next year from federal dollars.

Democrats demanded the full expansion for children’s health care and more school funding for most of the session, but Republicans argued the state did not have enough money to pay for a new program and still maintain state agencies.

In another effort to reduce state spending, Senate Republicans cut 2 percent from all state agency budgets, a move that left a bad taste in some Democratic mouths.

“This specifically targets jobs in state agencies,” said Sen. Christine Kaufmann, D-Helena.

The Senate voted 27-23 to approve the latest version of the budget, but several senators expressed reservations about overspending.

“I’m flabbergasted that this is what we call an austere budget,” said Sen. Joe Balyeat, R-Bozeman, after describing over $10 billion of spending, including federal stimulus dollars.

Sen. Jim Shockley, R-Victor, said revenues will probably not bounce back as quickly as the budget suggests, and Montana will be in a hole. “This (budget) is a compromise, but it won’t work,” he said.

The Senate’s budget chairman, Sen. Keith Bales, R-Otter, stood behind the budget he and his committee crafted, but also expressed doubts about avoiding a special session.

“I don’t know that we could’ve crafted a budget in these uncertain times (in which) everybody could’ve gotten what they wanted,” Bales said.

Some Senate Democrats voted against the budget because it temporarily reroutes funding earmarked by voters for the Healthy Montana Kids Plan into the general fund. They also disagreed with removing an amendment that would allow the Children’s Health Insurance Program to pay for contraceptives.

“In 2009, to be standing here trying to beg and plead about having contraception being taken care of so children will have a healthy opportunities ahead of them instead of unplanned pregnancy is just beyond my recognition of where we are as a people,” said Senate Minority Leader Carol Williams, D-Missoula.

Sen. John Brueggeman also favored CHIP-funded contraceptives as a means of avoiding future abortions.

“I wish that everyone was living biblically moral lives,” Brueggeman said. “I wish that was the case but it is not.” He told Republicans that more abortions would happen because women could not access birth control.

“We all have to be clear with that,” Brueggeman said. “We all have to sleep with that.”

The House voted 56-44 to pass the budget with little discussion. House Appropriations Chairman Jon Sesso, D-Butte, said he worked with Republicans to craft an austere and prudent budget that also pays for children’s health care and education.

“I’m proud of the package that we present to you today,” Sesso said. “It’s a budget (that) we can say without a doubt is fiscally responsible.”

But the House would not stay quiet for long. The bill that seeks to lessen the sting of higher property taxes after reappraisal, House Bill 658, was hotly debated as several Democrats split with their leadership to denounce the bill.

Rep. Mike Jopek, D-Whitefish, said the bill does not provide enough money to ease tax increases, saying some homeowners could be faced with 15 percent tax increases with little help for elderly or low-income residents. Rep. Dick Barrett, D-Missoula, agreeing with Jopek, said the bill forces the poor to pay more of their wages toward property taxes than the wealthy.

But House Speaker Bob Bergren, D-Havre, said the bill needed to pass before the end of the day or a special session would have to be called.

“Right now, this is the best we can hammer out,” Bergren said. He said that if there were problems, the next session could adjust tax rates.

The bill passed with a 57-43 vote.

The 2007 session was plagued with bipartisan acrimony over spending a $1 billion surplus, which led to the Legislature’s failure to complete its one constitutional duty in a regular session: constructing a state budget.

Current lawmakers said they entered the 2009 session with that lesson learned. They said they were proud of the civility and openness between both houses and parties.

Before any of the work can officially be deemed complete, the bills have to be signed into law by Gov. Brian Schweitzer. The governor said he has yet to look over the details in the budget and stimulus bills but hopes to avoid a special session to deal with any discrepancies.

“I’m pleased with the work of the Legislature,” he said. “This wasn’t an easy session for anyone. Let us hope that there isn’t something that we left behind.”

But Schweitzer also said he was not pleased with the work done on property-tax reappraisal mitigation because it gave too many breaks to subdivision owners and businesses.

The governor also said universities should be able to mitigate tuition increases despite cuts made to their budgets in HB 2.

“I would encourage the Board of Regents to cap tuition for another two years,” Schweitzer said.

Since fewer than 100 legislators voted in favor of the budget, Schweitzer retains the power to veto individual aspects of the bill. The governor would not say if this was a choreographed effort by Democrats, but did say there is always communication between his staff and Democratic legislators.

Bergren said there was talk about ensuring Schweitzer’s line-item veto power, but nothing official.

“There were some discussions in the hall, but there was no coordinated effort,” Bergren said.

Barring special session, the next Legislature will meet in 2011.

Lawmakers ponder shorter, annual sessions

HELENA – Annual sessions, anyone?

Some 38 state senators endorsed a proposed constitutional amendment today that would ask voters to split the current 90-day, every-other-year billfest into two annual sessions. The bill now needs 62 votes in the House.

Senate Bill 348, sponsored by Sen. Jeff Essmann, R-Billings, would split the current biennial session into annual 45-day sessions. One session would deal solely with budget and revenue issues; the other would consider general bills.

“This will make us more effective,” said Senate Minority Leader Carol Williams, D-Missoula.

Supporters of the measure said it would make the Legislature more accessible for Montanans and would increase lawmakers' accuracy in predicting fiscal matters as well. Essmann also said it would allow for greater oversight of the executive branch during even numbered years.

Essmann said if an annual session uses fewer than 45 days, those extra days could be added to the next session.

Since SB 348 seeks to amend the state constitution, it needs the approval of two-thirds of the Legislature before it can go to voters for approval. The House still needs to vote on the bill.

The last time the Montana Legislature held annual sessions was in 1973 and 1974, but Montanans voted to go back to biennial sessions in 1974. Two later attempts at annual sessions were rejected by voters.

-by CNS correspondent Molly Priddy

Lawmakers see red over traffic-signal surveillance

HELENA – The House and Senate both gave initial approval today to a bill that would prohibit all Montana police departments from using unmanned cameras at traffic lights to help them issue tickets.

House Bill 531, sponsored by Rep. Bill Nooney, R-Missoula, says traffic tickets must be administered by police officers and not automated services. Supporters of the bill said cities use traffic cameras not because they enhance safety, but because they increase revenue from traffic tickets.

“It’s a perverse incentive … to collect more revenue,” said Sen. John Brueggeman, R-Polson.

But opponents of the bill, mostly Bozeman lawmakers, said the cameras encourage safer drivers who stop at yellow lights instead of trying to beat them.

Bozeman already has traffic light cameras in place. The city uses a private vendor to supply the cameras and services, but there is an escape clause the contract allowing Bozeman stop using the vendor’s services if Montana law prohibits it.

The latest vote removed an amendment that would have exempted Bozeman from the new law, allowing the city to keep its cameras. The House voted 67-33 to reject that amendment, as did the Senate, 36-14.

Gov. Brian Schweitzer must sign HB 531 before it can become law.

- by CNS correspondent Molly Priddy

Sponsor decries Senate’s failure to increase help for Montana's neediest property-tax payers

Nearly one in three Montana homeowners qualifies for help in paying property taxes. But few apply for it.

By LAUREN RUSSELL
Community News Service
UM School of Journalism

As legislation to help Montanans with their property taxes sailed through Senate this week, its sponsor conceded defeat in his mission to add millions in property-tax relief for Montana’s neediest homeowners: disabled veterans, the poor and elderly retirees on fixed incomes.

Rep. Mike Jopek, D-Whitefish, is sponsoring the only surviving bill to lessen the sting of the latest statewide residential property reappraisal, which rose by an average of 55 percent statewide from January 2002 through July 2009.

It’s one of the session’s most important bills because it has the potential to affect every Montanan homeowner. The impacts would vary widely, but the idea is that by gradually raising deductions and cutting tax rates, most Montanan won’t see big increases due solely to rising property values.

But Jopek worries that the Senate version of his bill won’t provide enough help to those who need it most. He had said previously that he would try to kill the measure if the Senate didn’t better fund assistance programs for such homeowners.

He later dropped that threat, but didn’t hide his frustration that instead of cutting taxes for more Montanans, the bill in its current form means homeowners will pay a total of $12 million more in property taxes over five years, due to the reappraisal alone.

“These economic times are extremely difficult right now, with record high unemployment, the real estate market has slumped drastically, and this is the highest appreciation in Montana’s history,” Jopek said. “(The years) 2002-2008 were good years, but homeowners have it tough right now, especially the elderly, the working homeowner and disabled American vets.”

Jopek fought to increase funding for special programs to help the needy pay their property taxes, but those increase were stripped from the bill Wednesday. He also objected to the Senate’s decision to exempt park land and roads in subdivisions from property taxes.

“We had a good bill, the version that came out of the House,” Jopek said. “We added about $60 million over six years to those programs. But now we’ve given exemptions to people in gated communities instead of elderly people or low-income people.”

Currently, the state offers several programs to help Montana’s needy caught between a bad economy and spiraling property values. Montana's law allows a hefty deduction for single people with incomes under $20,000, and married couples or heads of households that make less than $26,600.

Another program offers property-tax exemptions to homeowners who are honorably discharged disabled veterans and make less than $35,266 a year if single or $42,319 annually if married or filing as heads of household. Spouses of deceased disabled vets are also eligible for exemption if their income is less than $29,388 or reductions based upon income over this amount but less than $39,968.

Meanwhile, homeowners age 62 or older may qualify for an income-tax credit, depending on their incomes and the amount of property taxes they pay.

Another program, the Extended Property Tax Assistance program, passed by the 2003 Legislature, offers a reduction to those whose taxable value increases by more than 24 percent and whose tax liability increases by $250 or more the first year after a reappraisal cycle.

Ed Caplis, of the Montana Department of Revenue, said that of the 240,000 owner-occupied homes in Montana, about 70,000, or 30 percent, are eligible for one of these assistance programs.

Yet only about 8,000 homeowners, or 11 percent of those eligible, participate.

No one knows why so few apply for the help. Perhaps they don’t know it’s available. Perhaps it’s the stigma of asking for help. Perhaps it’s the red tape.

“To qualify, you have to verify your income with the local Department of Revenue, go through a bit of paperwork, which might be part of the reason someone doesn’t want to come in,” Caplis said. “Maybe (the exemption) is only a couple dollars worth so it’s not worth the hassle. There are numerous reasons why people wouldn’t be participating.”

Even so, Caplis predicts that the recession and jobs losses may inspire more Montanans to seek help.

According to the Montana Department of Labor’s Web site, the state’s jobless rate stands at 6 percent, well below the national average of 8.1 percent, but climbing nonetheless.

Jopek predicts the recession will hurt elderly homeowners his Whitefish district who have seen their property values spike because of the city’s rapid growth but now struggle to pay their property taxes.

Mike O’Neal, director of the Montana Home Choice Coalition, an organization that provides housing for people with disabilities, said low-income people pay a disproportionate amount of their income on property taxes, regardless of their ability to pay. Even so, he supports Jopek's desire to expand these special tax breaks.

“If they receive less benefit, the worry is that they’re not going to have enough money for food and medicine,” O’Neal said.

Jopek said that he is still willing to consider compromise amendments. He still wants to readdress the exemption that is being given to subdivision roads and park land.

“I think it’s pretty egregious that there are exemptions being given to developers instead of older taxpayers,” Jopek said. “We’re going to see if we can get a compromise. If we can’t, I’m willing to walk away from the bill.”

Senate passes plan to spend stimulus money

Republicans hold fast as Democrats
try to get more money for CHIP, K-12

By MOLLY PRIDDY
Community News Service
UM School of Journalism

HELENA – The Senate managed to pass a bill to spend nearly $880 million of federal stimulus money despite clashes over money for education and children’s health care coverage. The vote was 27-23.

The GOP-controlled Senate made few amendments to House Bill 645, the stimulus bill. Democrats attempted to increase levels of education spending and to fully expand the Healthy Montana Kids Plan, but each amendment died on party lines.

“I feel that this money that we’re talking about now has been misused,” said Senate Minority Leader Carol Williams, D-Missoula.

Williams said Republicans used their majority power to change the intent of the stimulus funds by diverting them away from education and health insurance for the poor.

Democrats wanted to give schools a 3 percent increases in their base and per student budgets, money that schools could count on being a permanent part of their future spending. Instead, Republicans voted for a 1 percent increases, but made up the difference with one-time federal stimulus funds that could disappear two years from now.

The fear, angry Democrats said, is that when the federal dollars are gone, schools will have to lay off employees.

“I’m certain during every one of your campaigns everyone said education comes first,” said Sen. David Wanzenried, D-Missoula. “My question is, does it really?”

But Republicans said schools face the same risks as every other state agency during a recession.

“If things get better, the governor can certainly propose to expand the budget next time,” said Sen. John Esp, R-Big Timber. “If things don’t get better, then schools will be on notice as Sen. Wanzenried said.”

The amendment failed 22-28.

Other failed amendments included a full expansion for the Healthy Montana Kids Plan and $7 million more for higher education.

Wanzenried said the bill was not ready to leave the Senate and go back to the House for approval because details were still emerging about funding errors and the availability of money.

“This is not a common sense approach to this, and to spend $1.3 billion without more deliberation is irresponsible,” Wanzenried said, taking into account the additional $575 million Montanans will receive in federal tax cuts under the bill.

But Senate President Bob Story, R-Park City, said the bill is passable, though it would have been nice to have more time to work on it.

“I know not everyone is happy with the way that it came out,” Story said.

Sen. Joe Balyeat, R-Bozeman, said he would vote against the stimulus bill, not because of the contents but he considers it bad national policy.

“There’s nothing but a hole in the ground,” Balyeat said. “We’re going to pass our children the greatest national debt ever imaginable.

Since the Senate amended the stimulus bill, it will need to go back to the House for approval.

It is highly likely the House will vote down the amendments, sending the stimulus bill into a conference committee of senators and representatives who will be asked to hash out a compromise.

GOP legislators decry failure of anti-abortion bills

By MOLLY PRIDDY
Community News Service
UM School of Journalism

HELENA – Twenty-nine Republican lawmakers gathered in the capitol today to blast Democrats for the Legislature’s failure last night to revive five anti-abortion bills that remain locked in committee.

“Last night, Democrats essentially voted to muzzle the people of Montana on one of the most important issues of our time: abortion,” said Rep. Wendy Warburton, R-Havre (pictured).

Warburton said most of Democrats vote for pro-abortion measures, whereas Republicans are “fighting for life.”

Sen. Dan McGee, R-Laurel, sponsored two of the bills, Senate Bill 46 and Senate Bill 406. Both sought to amend the state constitution to set the foundation for future abortion bans. Republicans last night fell short of the 60 votes necessary to "blast" the bills from committee to the House floor.

“It is truly unfortunate that the big business of killing babies has so persuaded the Democratic Party,” McGee said.

McGee said Republicans attempted to work with Democrats on these issues but it did not seem to take. He also compared abortion with slavery and predicted an upheaval comparable to the Civil War. “You bet there will be,” McGee said.

Democratic House Speaker Bob Bergren said these failed "blast" motions are typical fare for the Legislature and his party. “Democrats support the constitutional rights of all women,” Bergren said.

Bergren said he found it ironic this same group of legislators opposes “proactive measures” against abortion, such as sex education and contraception for the poor. He also said it was indicative that 23 of the 29 Republicans at the press conference were men.

“Where are all the women if this is good for women?” Bergren said.

Allyson Hagen of the Naral Pro-Choice Montana Foundation, said despite GOP assertions of civic upheaval, Montanans do not support these measures.

“Montanans are actually grateful that these bills didn’t pass,” Hagen said. “In Montana, we greatly value the right to keep the government out of our personal, private medical decisions.”

SB 46 would have defined unborn human life as a compelling state interest, allowing the state to interject itself in personal privacy issues. SB 406 would have defined personhood at conception in the Montana Constitution. Previous attempts to ban abortion have been declared unconstitutional by the Supreme Court because of privacy concerns.

The other failed bills included Senate Bill 374, which would make parental notification of a minor’s abortion mandatory; Senate Bill 327, which would heighten charges brought against someone who assaults a pregnant woman and hurts the fetus; and House Bill 661, which sought to create licenses and more regulations for abortion clinics.

The four Senate bills passed out of the GOP-controlled Senate with narrow margins, usually running on party lines. They hit a partisan wall in the evenly split House committees, where a tie vote means means the bills are probably dead.

Lawmakers hear plans to spend stimulus money

By MOLLY PRIDDY

Community News Service

UM School of Journalism

HELENA – Legislators got a look today at the bill to spend $800 million in federal stimulus dollars and learned what the state can and can't do with the cash. They also heard the governor’s ideas for spending the money.

The House Appropriations Committee heard two presentations on House Bill 645; one from Gov. Brian Schweitzer’s budget director, David Ewer, and one from the Legislature's own fiscal analysts.

Legislative Fiscal Division staffers said most of the money is headed to programs already determined by the federal government, but lawmakers will still have some say in the spending.

“You essentially have $275 million for your particular priorities with the stabilization funds,” said Taryn Purdy of the Legislative Fiscal Division. She said that money could be used however legislators choose.

There will also be $575 million in tax cuts for Montanans, but these cuts will have almost zero impact on the general fund, according to state financial forecasters.

David Ewer, the governor’s budget director, gave the committee the governor’s recommendations on how to spend the $275 million in discretionary funds.

Many of the projects involved various infrastructure projects that are “ready to go,” Ewer said. The list also contains $43 million for school infrastructure projects, $1 million for anti-meth programs and over $3 million for license plate reissues.

Ewer said the governor’s top priorities are a $250 million ending-fund balance, $43 million for teacher retirement accounts and $60 million for an expected increase in the state's Medicaid caseloads.

The Medicaid money is especially important, Ewer said.

“We need to use at least part of it for that service,” Ewer said. “It is an entitlement, right? We as a state can’t say, currently, no to people. If they enroll, we have to pay.”

Ewer also recommended giving $10 million to the state's colleges in return for their agreement not to raise tuition. Higher education officials may argue that the sum isn't big enough for that, but they will have to figure out how to make it work, he added.

“There are consequences of having that kind of reduction, and we’re not going to raise taxes,” Ewer said. “We believe that it’s reasonable to expect that higher education with these funds could hold a line of tuition.”

Universities and colleges will have to strike a balance between services offered with no tuition increases, Ewer said.

Committee members questioned Ewer about the money set aside for the teacher retirement fund. Rep. Penny Morgan, R-Billings, asked why the governor chose to fund teacher retirement accounts and not the public employee account.

Ewer said the governor chose to fund the teacher account because much of the package focuses on education. He also said it is a good time to invest in the stock market when prices are so low.

When questioned about the governor’s assertion that HB 645 needed to be on his desk by April 3, Ewer said it would depend on the bill’s process. He said the governor wants to be certain about what he’s signing for, so process should be speedy.

Legislators will hear public comment about how to allocate federal dollars on Thursday. Subcommittees on health and human services, corrections, education, transportation and general government joint subcommittees will meet separately to hear about the effect on their sections of the budget.

The Legislature Online

Photo by Molly Priddy

Internet helps lawmakers blend politics
and the personal under the capitol dome

By MOLLY PRIDDY
Community News Service
UM School of Journalism

HELENA – They’re wired up here at the capitol, and not just from the gallons of coffee consumed during long hearings.

With technology advancing faster than you can say Facebook, it was inevitable that the Legislature would evolve with it. Lawmakers are now in constant contact with constituents, and constituents can keep constant tabs on them.

Almost everyone here, journalists included, has a laptop opened to write e-mails or to update their status on Twitter or to blog about what so-and-so from across the aisle just said.

“My blog totally rocks,” said Rep. JP Pomnichowski, D-Bozeman. “It has really kind of taken off this session.”

Pomnichowski, 42, has been blogging since her first campaign in 2006 and tries to update her site every couple of days. The entries offer constituents an insider’s view of the Legislature, she said.

“I just like to give the perspective of a representative from the House floor, from the committees,” Pomnichowski said.

But her blog also highlights personal interests, including her fascination with shoes. Pictures of her favorite pairs can be found alongside her voting information.

Sen. Jon Brueggeman’s blog mixes the personal and political too. Visitors to the site can read entries explaining legislation or click their way to one of his favorite motorcycle sites.

A self-described moderate Republican, Brueggeman said he prefers to speak for himself online instead of through the official party filter.

“I’ve got a little bit of a different take on politics than other Republicans,” said the 29-year-old from Polson. “There’s a huge void in politics where the reasoned middle doesn’t have a clear voice.”

He also said he uses the blog to connect to young people, a demographic glaringly absent from the Republican Party.

“I think the party has failed at getting its message out to the young people,” Brueggeman said.

The Internet also helps Montana’s citizen lawmakers maintain their domestic lives and livelihoods away from home.

“We can’t stop our lives,” Brueggeman said. “There are quite a few of us who have the ability to multi-task.”

Two years ago Brueggeman and other lawmakers pushed for and won a $1,500 computer stipend, which is now afforded to legislators every four years. He also helped develop the online legislative agendas available on the Legislature’s own Web site.

“Montana is one of the more progressive states in the way it delivers information to the citizens,” Brueggeman said.

The Democratic and Republican parties now have their own blogs. The GOP launched its effort this session to communicate directly with constituents. Likewise, the Democrats’ blog collects articles and posts notices about party events or issues.

However, the online revolution does have its downside. Even a casual observer can spot lawmakers occasionally playing online card games or watching YouTube videos during floor debates.

“That really drives me crazy,” Pomnichowski said. “It’s important for me to respect the legislative workday.”

House Speaker Bob Bergren said there are no rules outlining specific computer use, but lawmakers should remember the public can see them playing around. “It doesn’t look good,” he said.

Brueggeman agreed that lawmakers should pay attention to state business, but regulating online behavior won’t be easy.

“It gives people a chance to not listen to the debate,” Brueggeman said. “It’s tough to see how it’ll balance out. We’re kind of wading in new territory.”

Despite the occasional Solitaire dalliance, most legislators say they use their computers to look up bill information or to instantly communicate with the world outside the capitol.

Rep. Tom McGillvray, a Republican leader in the House, doesn’t bring a computer to the floor because he has an office at the capitol. Taped under the screen of his desktop computer is a handwritten note that simply says, “Twitter.”

Twitter is an up-and-coming online tool that lets people update their personal status for anyone interested with short, succinct messages, called “tweets,” that use only 140 characters.

“I like Twitter,” McGillvray said. “It may give more people that interpersonal touch of the Legislature.”

McGillvray, 51, said he caught the bug after seeing President Barack Obama tweet. Even former presidential candidate John McCain tweets occasionally, despite admitting during the campaign that he didn’t know how to e-mail.

It’s also a helpful way to get the GOP message across without going through the media, McGillvray added.

“We need to help people to have access from a legislator’s point of view as opposed to having our actions filtered through the media,” McGillvray said. “We want to expose ourselves to a younger generation that uses technology to communicate.”

McGillvray said he intends to get more personal in his updates – if he can remember to do them, that is.

For those Montanans who aren’t quite up to tweeting, there’s always good old fashioned online audio and TV to keep up with the action.

All floor sessions and many committee meetings are broadcast across the Internet on the Legislature’s Web site and on TV. Lawmakers are still getting used to the idea that constituents are always watching.

Brueggeman said the big-brother like surveillance puts an extra layer of pressure on legislators to faithfully represent their districts. The hard part is actually remembering people outside the capitol bubble are watching, he said.

“You kind of forget it is being broadcast out,” Brueggeman said. “It can be a double-edged sword.”

Even the legislators on the floor use the broadcasts to make life a little easier. Rep. Janna Taylor, R-Dayton, often watches the House sessions on her computer while the real action plays out around her.

Taylor, 60, said she watches online so she doesn’t have to constantly crank her head around to see who is talking.

She also advocates using computers as the “green” thing to do. Getting a hard copy of entire bill wastes paper when you can pick and choose which pages to print, she said.

“You should only be allowed to get your bills in paper if you’re totally technologically challenged,” Taylor said.

Sen. Donald Steinbeisser, who still uses paper on the Senate floor, readily confesses his technological inadequacies. “I’m a Johnny-come-lately,” the 73-year-old Sidney Republican said.

Still, he’s had a computer since 1996, and he’s no stranger what it can do.

“I use it every day,” he said, “but I don’t like ‘em.”

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.

Bill calling for elected regents faces long odds

HELENA - Legislation calling for the election of the state's Board of Regents and Board of Public Education staggered today from the state Senate to the House, where it would need almost 80 votes to earn a spot on a future statewide ballot.

Senate Bills 80 and 81, sponsored by Sen. Dan McGee, R-Laurel (pictured), received 20 and 21 Senate votes, respectively. Because both measures aim to change the state's constitituion, they require two-thirds approval from the 150-member Legislature.

McGee said he sponsored the bills because the education boards need to be held accountable to the public. Under the constitution, members of both boards are now appointed by the governor.

Opponents argued that opening the boards to political campaigns would bring only partisanship and culture clashes.

- by CNS correspondent Molly Priddy

Republicans worry about costs of CHIP expansion

HELENA – Republican fears about costs and "socialized medicine" colored today's debate over a bill to extend health-care insurance to thousands of additional uninsured Montana children.

House Bill 157, sponsored by Rep. Chuck Hunter, D-Helena, would provide startup funding for the Healthy Montana Kids Program, a voter-approved initiative that expands eligibility for the Children's Health Insurance Program and Medicaid coverage to children of low- and moderate-income families.

The bill won initial approval by a 57-41 vote, but some Republicans argued that it was a poor fiscal decision.

“I have a really hard time with this,” said Rep. Tom McGillvray, R-Billings (pictured). “This has nothing to do with children. If you want to take one more step toward socialization, vote for this bill.”

House Speaker Bob Bergren, D-Havre, said McGillvray’s comments were proof that some House Republicans “might be out of touch with the people in Montana.” Voters approved I-155, the initiative that created Healthy Montana Kids Program, in November.

But Rep. Bob Lake, R-Hamilton, said he wasn’t sure Montanans would have voted for it if they knew it would cost $2.6 million to start up.

HB 157 would allow the Department of Health and Human Services to use money set aside in a special revenue fund to implement I-155. The initiative aims to cover 29,000 of Montana's estimated 30,000 to 34,000 uninsured children.

-by CNS correspondent Molly Priddy

Supporters plead for mandatory seat belt law

HELENA – State lawmakers heard emotional testimony Tuesday from supporters of a bill that would allow police to pull drivers over for not wearing their seatbelts.

“The ultimate goal of this legislation isn’t to arrest people,” Attorney General Steve Bullock said. “The ultimate goal is to get more Montanans wearing their seatbelts.”

Current Montana law allows police to cite a driver for not wearing seatbelts but only after the driver is pulled over for another offense. Senate Bill 237, sponsored by Sen. Dave Lewis, R-Helena (pictured), would make driving without a seatbelt a primary offense.

Department of Transportation Director Jim Lynch showed the Senate Highways and Transportation Committee a video about Jeremy Lugibihl, a man killed in a car crash. The video is used by driver education classes in several states.

Lugibihl's mother, Tina, said the bill will make more people think about wearing their seatbelts.

“It’s not about taking your right away,” she said. “It’s about families like us not having to go through the hell we’ve gone through.”

Many supporters who testified had lost family members in car accidents. Others included doctors, emergency personnel, insurance company lobbyists, and officers from the Fort Peck Department of Law and Justice.

Opponents to the bill said it would take away their rights and freedom of choice. Cindy Swank said she opposed the bill because “it seems like another example of government interference in my right to choose.”

Others said the bill was an attempt by the federal government to strong-arm the state by withholding federal funding if a primary seatbelt law is not passed.

The 2005 legislative session failed to pass a similar bill.

-by CNS correspondent Molly Priddy

Democratic Women's Caucus touts equality issues

HELENA -Democratic women in the Legislature promised today to work for equality on the job, in health care and in the impending federal financial stimulus package.

The Democratic Women’s Caucus, founded last session and representing 31 female legislators this session, outlined its agenda in a press conference in the capitol.

“When women are not paid fairly, families are not paid fairly,” said House Speaker Pro Tempore Franke Wilmer, D-Bozeman (pictured).

Wilmer said women in Montana earn 70 cents for every dollar a man in the same job earns. She said the Women’s Caucus would work to help close the gap. “This wage gap is not fair and needs to change,” she said.

Rep. Michelle Reinhart, D-Missoula, said the Women’s Caucus sent letters to U.S. Sens. Jon Tester and Max Baucus, both Democrats, asking them to keep women and children in mind when they discuss Montana’s share of the federal stimulus package.

“We want fairness in the economic stimulus package coming our way,” Reinhart said. She said it should not be assumed that women will benefit from the jobs created by the “shovel-ready” programs, because they are typically jobs held by men.

Reinhart said the stimulus must fund fields that employ large numbers of women, like education and health care.

Sen. Carol Juneau of Browning expressed disappointment at the tabling of House Bill 214, which would expand Medicaid eligibility for pregnant women. Juneau also said the caucus would oppose Senate Bill 142, which would repeal Montana’s unisex insurance laws.

“The bill would allow insurers to charge men and women different premiums,” Juneau said.

The lawmakers also said they support the Healthy Montana Kids Plan, as well as a Senate Bill 259, which would create an earned-income tax credit in Montana.

- by CNS correspondent Molly Priddy

Bill seeks dollars for children's health coverage

HELENA - A bill that would free up money to implement the Healthy Montana Kids Plan received strong support during its hearing on Monday.

House Bill 157, sponsored by Rep. Chuck Hunter, D-Helena (pictured), would allow the state health department to spend $2.6 million to begin implementing I-155, the voter-approved initiative to expand health coverage to children from low- and moderate-income families.

The money would be taken out of a special revenue fund that was created when the initiative was passed, Hunter told the House Appropriations Committee.

“Voters clearly want to cover these kids,” Hunter said, “even in the face of a large price tag.”

The money would be used to update Health Department computer systems, find I-155 community enrollment partners, and clarify the start-up rules regarding eligibility for the Childrens Health Insurance Program and Medicaid.

Mary Dalton, the state CHIP director, reminded lawmakers that I-155 cannot start until the expansion receives federal approval or until the federal government reauthorizes CHIP funding.

The bills supporters included the Montana Medical Association, the Montana Hospital Association, AARP, the Montana Human Rights Network, and the Montana Nurses Association.

Montana voters approved I-155 in November. The initiative would expand Medicaid and the CHIP coverage to approximately 30,000 uninsured Montana children.

-by CNS correspondent Molly Priddy

Bridge access bill wins initial vote in the House

HELENA -A bill giving anglers, floaters and others the right to access Montana's rivers and streams at public bridges climbed over a major hurdle today, winning it's initial test in the House by a vote of 95-5.

“This is a vehicle to pass bridge access,” said Rep. Kendall Van Dyk, D-Billings and the sponsor of House Bill 190. “It sends a really important message of compromise.”

The bill would allow public access at bridges, while also allowing landowners to connect fences to bridges and abutments to contain their livestock. Landowners would have to modify those fences to allow access. The state Department of Fish, Wildlife and Parks would have to approve such changes, and FWP would pay for the work.

Rep. Ken Peterson, R-Billings, failed persuade a majority to amend the bill to give the state's 56 county commissions the responsibility for overseeing ranchers' plans for allowing access through or over their fences.

But Van Dyk said such an amendment would disrespect the landowners, sportsmen and women, and conservationists who compromised to create HB 190. He also said his version of the bill had the support of county commissioners.

Rep. Wayne Stahl, R-Saco, said giving the county commissioners decision-making power would only create liability issues for the county, and taxpayers would be responsible for paying for lawsuits. “The last thing counties need is more liability,” Stahl said.

After his amendment failed, Peterson said he would vote for the bill anyway because stream access is important to his constituents.

The five votes against the bill came from Republican Reps. Joel Boniek of Livingston, Scott Mendenhall of Clancy, Lee Randall of Broadus, Scott Sales of Bozeman and Gordon Vance of Bozeman.

Disputes over stream access have been a legislative staple since 1985, when lawmakers enacted Montana’s landmark law allowing recreational access to the beds and banks of the state’s navigable waterways.

This year’s debate reflects a Madison County judge’s October ruling granting recreationists a right to access streams and rivers from bridges in the public right of way. But it also gave landowners a right to build fences up to those bridges to control their livestock.

-by CNS correspondent Molly Priddy

Compromise bill on "bridge access" moves ahead

HELENA – A compromise aimed at allowing recreationists to access Montana's waterways at public bridges took a step forward at the Legislature Tuesday.

By a vote of 16-2, the House Fish, Wildlife and Parks Committee recommend passage of House Bill 190, sponsored by Rep. Kendall Van Dyk, D-Billings (pictured). The committee tabled a competing bill.

“This really is 16 months of work from sportsmen, from landowners, from conservationists and everyone in between,” Van Dyk said.

The bill would allow public access to waterways at bridges while also allowing landowners to connect fences to bridges and abutments to contain their livestock. Landowners would have to modify those fences to allow access. Such work would be administered and paid for by the Department of Fish, Wildlife and Parks.

Rep. Ken Peterson, R-Billings, voted no on HB 190 because he said it leaves too much power in Helena and none in the counties.

“A vote of no is not a vote against stream access,” Peterson said. “It’s a vote of no central control, no state control.”

In the same hearing, the committee voted 10-8 to table Peterson’s stream access bill, House Bill 26. Peterson said both bills offer the same kind of access, but differ on who would mediate disputes. HB 26 would give that responsibility to the 56 county commissions across the state instead of FWP.

But Van Dyk said HB 26 is the “wrong way to provide any sort of clarity to this issue,” because the 56 county commissions could handles such disputes 56 different ways.

Peterson offered his version of county control as an amendment to HB190, but the committee voted against it.

Rep. Mike Milburn, R-Cascade, said that while he agreed with Peterson on local control, he stuck with HB 190 because of the compromises and work put in by different organizations. “I can’t express how tough this was to bring forward to this level,” he said. “I think we probably can’t do a better job.”

When HB 190 was first heard before the committee on Jan. 15, opponents of the bill said it did not adequately address the issue of prescriptive easements. These easements are roads that have been used by the public for so long that the county gets right of way, whether or not it runs through private land.

In the hearing on Tuesday, it was clarified that the current stream access law in Montana does not create prescriptive easements and neither would either HB 190 or HB 26. The law states a prescriptive easement can only be issued on a case-by-case basis.

Disputes over stream access have been a legislative staple since 1985, when lawmakers enacted Montana’s landmark law allowing recreational access to the beds and banks of the state’s navigable waterways.

This year’s debate reflects a Madison County judge’s October ruling granting recreationists a right to access streams and rivers from bridges in the public right of way. But it also gave landowners a right to build fences up to those bridges to control their livestock.

-by CNS correspondent Molly Priddy

Stream access bill aims for compromise

HELENA – Bill “Sweet Willy” Holdorf, 83, recalls getting his first fishing license at age 15. The Butte man says he has floated and fished Montana’s rivers and streams all his life. Now, Holdorf worries his grandchildren won’t be afforded the same luxury.

“I’ve always had access,” Holdorf told state legislators in Helena Tuesday. “We never had a problem with cattlemen.”

Holdorf’s comments came during testimony on the first “stream access” bill of the 2009 Legislature. The subject has been a legislative staple since 1985, when lawmakers enacted Montana’s landmark law allowing recreational access to the beds and banks of the state’s navigable waterways.

This year’s debate reflects a Madison County judge’s October ruling granting recreationists a right to access streams and rivers from bridges in the public right of way. But it also gave landowners a right to build fences up to those bridges to control their livestock. Now lawmakers are wrestling over who’s responsible for providing access over, under or through the fences. -MORE-