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 ...

Montana lawmakers hope to head off rustlers with mandatory fines and community service

By SHANDA BRADSHAW
Community News Service
UM School of Journalism

In late March of 1885 two men trailing horses from Canada were surrounded in a saloon near Dupuyer by a “committee” of two-dozen armed men, most of them carrying Winchesters.

According to the Sun River Sun, the horse traders, suspected of being horse thieves, eventually “accepted an invitation to take an active part in a neck tie sociable.” They were buried on Birch Creek, about a mile above the saloon.

They don’t hang rustlers these days, but Montana’s Legislature has passed a bill this session to jack-up the penalties for stealing livestock.

Senate Bill 214 requires that a person convicted of the theft or illegal branding of any livestock pay a minimum fine of $5,000 and not exceeding $50,000 or serve a jail sentence not exceeding 10 years or both. The current law has no mandatory minimum fine.

The bill also says that if prison terms are deferred, offenders must contribute a mandatory 416 hours of community service. In addition, any equipment used in the crime – trucks, horse-trailers, etc. – could be confiscated. An earlier version of the bill would have allowed authorities to seize a rustler's ranch.

“The reason for the bill is to put more teeth in the law so we can somehow punish these people,” said Sen. Don Steinbeisser, R-Sidney, who introduced the bill.

SB 214 passed by overwhelming majorities in both the House and Senate, though the frequency of livestock thefts is difficult to gauge.

The state Public Defender’s Office says it defended two cases of rustling last year. The state’s special Crimestoppers hot line for livestock crimes received eight calls last year, though officials say other reports are made to local law enforcement officials and county hot lines.

A recent case of large-scale rustling in northeast Montana made news because it was so unusual, but John Grainger, administrator of the Brands Enforcement Division at the Montana Department of Livestock, said small-scale thefts involving an animal or two are persistent.

That's why he supports the passage of SB 214.

“I agree with it,” Grainger said. “There needs to be a bigger penalty to deter the crime.”

The bill's opponents in the Legislature argued that rustling is already covered under state’s laws against felony theft, which give judges leeway to tailor the punishment to fit the crime. They also noted that any revenue raised by increasing fines will not go to compensate ranchers for stolen stock.

Rep. Mike Menahan, D-Helena and a prosecutor in Lewis and Clark County, also argued that no other property crime carries a mandatory minimum fine or mandatory community service. Others asked why the law should treat rustlers more harshly than someone who steals a flat-screen TV.

Supporters said Montana should make a special case of rustlers because flat-screen TV’s don’t produce other TVs.

Stealing a cow, with its potential to produce calves, "is stealing someone’s livelihood,” said Rep. Ed Butcher, R-Winifred, a rancher himself.

The bill's mandatory minimum fine of $5,000 drew support, though some supporters considered that too low. Rep. Wendy Warburton, R-Havre, said she preferred the $10,000 minimum mandated in the Senate's version of the bill.

“We used to hang these people in Montana, and, unfortunately, we went from hanging them to a pittance right now," Warburton said.

The bill's House sponsor, Rep. Tony Belcourt, D-Box Elder and also a rancher, noted the recent conviction Roosevelt County in what officials described as the biggest Montana cattle rustling case in decades. The bill would serve as a deterrent, he said.

Richard D. Holen, of Wolf Point, was convicted earlier this month in Roosevelt County District County of eight counts of felony theft for allegedly stealing cattle from eight neighboring ranchers.

During the investigation, officials said they found 33 stolen cows, calves, bulls and heifers in addition to six other cows and calves that Holen had previously sold. The prosecutor told the Associated Press that he couldn't find a comparable case in Montana since the early 1900s.

Under current laws, Holen faces a maximum of 10 years in prison and a $50,000 fine for each of the eight counts. He has yet to be sentenced.

The bill now heads to Gov. Brian Schweitzer for his signature.

- Photo by CNS photographer Alison Smith

House OKs regulations for 'carbon sequestration'

HELENA – The Montana House today approved a heavily amended bill to regulate a fledgling industry that seeks to pump the carbon dioxide produced by coal-fired power plants into the ground. The vote was 77-23.

Senate Bill 498, sponsored by Sen. Keith Bales, R-Otter, would set up rules and regulations for “carbon sequestration,” the process of capturing the greenhouse gas carbon dioxide as it is emitted from a plant and storing it underground instead of releasing it into the atmosphere.

The version approved by the House came with 58 amendments from committee, changes Rep. Mike Phillips, D-Bozeman, said were necessary to get the bill out of the deadlocked Federal Relations, Energy and Telecommunications Committee.

“It represents a sufficient regulatory framework,” Phillips said.

Some of the most significant amendments give regulatory authority to the Board of Oil and Gas Conservation but also requires the board to consider comments from the Department of Environmental Quality before a CO2 injection certificate can be granted. Phillips also said the amended version of the bill left no role for the Board of Environmental Review.

The issue had been a sticking point for some Democrats and environmentalists who argued the DEQ would provide a more scientific review of permits than the Board of Oil and Gas Conservation, which they say tilts toward industry’s views.

Another point of contention was how long a sequester would be liable for any environmental problems associated with the practice. Lawmakers compromised at 30 years.

The bill also defines ownership of “pore space,” or the underground space where the gas will be stored. It now says that if the ownership cannot be determined by deeds through law, it will be assumed the surface owner owns the pore space.

Lawmakers on both sides of the aisle supported the bill. Rep. Art Noonan, D-Butte, touted the bill as essential for future coal development because coal companies, fearing future federal carbon regulations, will not build plants in the state if they do not have access to underground places where they can store CO2.

“There is no future in coal if we don’t get our hands around this,” Noonan said. “You don’t like coal? Vote against this.”

Noonan, who heads the House committee that forged the much-changed bill, predicted that the issue will need more work in future sessions. If the measure passes, Montana would be one of only a few states with such legislation.

“This is a scary proposition,” Noonan said. “This is a big deal.”

Many Republicans agreed with Noonan. Rep. Duane Ankney, R-Sidney, urged lawmakers to vote for the measure even if they do not believe in global warming.

“This bill is essential to any development going forward in coal,” Ankney said.

But opponents said the science of carbon sequestration has yet to be developed or tested. They argued that the Legislature would be acting prematurely if it passed such regulations.

“There is no such industry and there is no such technology,” Rep. Brady Wiseman, D-Bozeman, said. “None of this (legislation) advances the cause of carbon sequestration.”

Wiseman added that since the industry does not exist, SB 498 has become a political talking point to show support for coal development in general.

“If you want to pledge your allegiance to coal, let’s not do it with 30 pages of legislation,” he said.

Rep. Gordon Hendrick, R-Superior, also expressed concern about the lack of scientific study on carbon sequestration. He said the effects on Montanans and the environment should be carefully considered before passing any laws.

But Phillips disagreed, saying Montana could be a front-runner in the development of carbon sequestration, bringing in more business and responsible natural resource development.

“This is a most timely issue,” Phillips said.

The Senate will need to approve the House amendments before the bill can be sent to Gov. Brian Schweitzer, who must decide whether to sign it. Only four legislative days remain.

-by CNS correspondent Molly Priddy

Senate scraps governor's changes to slaughter bill

HELENA – The Senate voted 44-5 today to reject the Gov. Brian Schweitzer’s amendments to a bill that would create legal protections for companies who want to build horse slaughter plants in Montana.

The governor’s amendments to House Bill 418, sponsored by Rep. Edward Butcher, R-Winifred, stripped away special legal protections for the slaughter plant owners.

Butcher and other supporters have argued that Americans needing to dispose of horses have to go to Mexico or Canada because legal challenges have effectively shut down the American horse slaughter industry.

Horse slaughterhouses are not currently banned in Montana, but they would almost certainly draw protests from animal lovers who oppose them.

In his veto message, Schweitzer said horse owners need “access to a legal method to put their horses down as necessary and appropriate – due to age, infirmity, or other legitimate circumstances.”

However, such facilities should not receive the “unnecessary and potentially harmful special treatment that would be granted to one particular industry under this bill.”

Since Schweitzer’s amendments have now been rejected by both the House and Senate, the original bill will go to the governor’s desk to be signed into law or vetoed.

Sarah Elliot, the governor’s communication director, said in an e-mail that Schweitzer has yet to decided what he will do with the bill.

“While the Governor supports a horse slaughter facility being built in Montana, he is still concerned for the public’s health and safety as a result of provisions in the bill,” Elliot said.

-by CNS correspondent Molly Priddy

House, Senate wrestle over $8 billion budget bill

HELENA – The House today overwhelmingly rejected Senate amendments to the state budget bill, sending the budget into a special joint committee of lawmakers from both houses.

House Bill 2, the state budget bill, was heavily amended by the GOP-controlled Senate after it was approved by the House. Some of the most controversial changes included reducing the expansion for the Healthy Montana Kids Plan and decreasing the amount of state money spent on education.

Since the houses could not come to agreement on the budget, it will be sent to a free conference committee, which is a joint panel of senators and representatives charged with ironing out differences. The committee has the power to change any part of HB2.

House Speaker Bob Bergren, D-Havre, along with House Minority Leader Scott Sales, R-Bozeman, appointed four representatives to the committee: Reps. Jon Sesso, D-Butte; Cynthia Hiner, D-Deer Lodge; Llew Jones, R-Conrad; Ray Hawk, R-Florence.

The Senate members of the committee have yet to be chosen by Senate President Bob Story, R-Park City.

-by CNS correspondent Molly Priddy

Senate OKs changes to House reappraisal bill

HELENA – The Senate voted 30-20 today for a bill seeking to lessen the potential blow to Montanans’ wallets from the most recent statewide property reappraisal.

The Senate Taxation Committee’s amendments to House Bill 658, carried in the Senate by Sen. Jeff Essmann, R-Billings (pictured), changed the bill from the House version sent over earlier this month.

“This bill is a product of a long journey,” Essmann said on the Senate floor.

Property values in Montana are reappraised every six years to ensure equity in property taxes. To help stave off a sudden hike in property taxes due to big jumps in property values, the Legislature in recent years has increased exemptions and lowered tax rates.

Essmann said the Senate amendments allow increases in property values to be phased in while tax rates are gradually reduced. He also said one of the most important amendments was adding a provision that requires the Department of Revenue to study whether statewide property values have dropped significantly since last summer's reappraisal.

“If a slump in the value of homes occurs in the next two years, they will be able to assess that,” Essmann said.

According to supporters, the bill is very similar to what was done in the past two appraisals. Property owners will still see an exemption on a percentage of their home'a value, called a “homestead exemption.” However, Essmann’s bill increases the percentage from 34 percent to 47 percent in six years. Likewise, tax rates for residential propertyh would see a phased-in decrease from 3 percent to 2.47 percent.

HB 658 also included provisions to keep four programs that help needy residents pay their taxes, including elderly homeowners, low-income owners and disabled veterans. Sen. Christine Kaufmann, D-Helena, offered an amendment that would aggregate those groups into one property-tax assistance program based on how much such people pay in income taxes.

Kaufmann said the state could pay for the new program if it removed the homestead exemption from vacant lands.

“A home is a home,” Kaufmann said. “It doesn’t seem proper to me that we provide a homestead exemption for property that doesn’t have a home on it.”

Sen. Bruce Tutvedt, R-Kalispell, said the idea is a good one but its implications need to be studied before changing the programs. He said there is already a provision in HB 658 to study this change.

The amendment failed, 23-27.

Kaufmann said the amendment would have helped low-income taxpayers because they pay the higher percentage of their salaries toward property taxes than any other group.

“I’m disappointed we seem to have ended up with very little change with what we’ve done in previous years,” Kaufmann said.

Since the Senate amended the bill, it needs to be sent back to the House for approval before it can be signed into law by the governor. It will most likely head to a conference committee, which is a joint committee of senators and representatives charged with hashing out differences between the houses.

-by CNS correspondent Molly Priddy

When Life Gives You Lemons ...

Children sold lemonade today in the capitol during a Democratic rally urging the Legislature to fully fund the Healthy Montana Kids Plan. Approved last fall by 70 percent of Montana voters, the program was to have provided health coverage for some 30,000 additional uninsured children from low- or moderate-income families. However, the GOP-controlled Senate, citing costs, voted reduce the number of additional children served to about 15,000. (Photo by Molly Priddy)

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

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

Critics argue that marijuana DUI bill is unfair

HELENA – Montanans who legally use marijuana as medicine are protesting a bill that would ask them to submit to bloods tests if police suspect them of driving under the drug's influence.

Senate Bill 212, sponsored by Sen. Verdell Jackson, R-Kalispell, would allow police officers to confiscate a suspect's medical marijuana permit if they do not comply with testing. State health officials could then decide if a permanent revocation is necessary.

The bill also would create a legal limit for THC, the active ingredient in marijuana, much like the blood-alcohol limit for driving under the influence of alcohol.

Rebecca Sturdevant told the Senate Judiciary Committee Tuesday that she supported the bill because it would help keep drivers safe. “People should not drive on our highways under the influence of any drug that causes impairment,” she said.

But the bill's critics said that while they, too, worry about driver safety, singling out medical marijuana patients is unfair and would deny patients access to their medication.

“We’re identifying people on the basis of a condition,” said Chris Lindsey, a Helena defense attorney. “On the spot, you lose your card.”

Lindsey said the bill is unfair in that other drivers suspected of driving under the influence of marijuana would not be asked for blood tests because they are not registered as patients.

Jessica Williams, a nurse from Helena, said a positive test for THC doesn't necessarily prove someone was driving impaired because the drug can remain in the bloodstream for as much as 48 hours after someone uses it.

"We are not looking at marijuana as a vice, we are looking at it as a medication,” Williams said.

Eric Billings, who said he uses marijuana for pain associated with HIV/AIDS, told lawmakers he appreciated the opportunity to use marijuana as medication and would not jeopardize his certification. “I am offended by it,” Billings said of SB212.

Committee members asked Jackson and Sturdevant about allowing police to confiscate a suspect's driver’s license instead of the medical marijuana certification card. Jackson said he thought it could be a possible amendment to the bill.

In 2004, Montanans voted overwhelmingly to allowing certain patients with specific medical conditions to use marijuana under medical supervision.

- by CNS correspondent Molly Priddy