Debate gets testy over trimming education budget

HELENA – A fight over $1 million divided the House Appropriations Committee today as it attempted to trim the state education budget.

Committee Chairman Jon Sesso, D-Butte, told committee members that they all had different priorities for education money, but the overarching goal needs to be a balanced budget.

“It’s really not appropriate to say that we should trim it in ways 10 of us wish and 10 of us don’t,” Sesso said. “We have to trim the budget as a group of 20 people.”

The million-dollar contention began with a $1.5 million allotment for the University System agencies. The money was not in the governor’s budget, but was added in during subcommittee hearings by a Republican majority, 4-3.

Democrats proposed an amendment that would take $1 million of the $1.5 million and split it between Montana PBS and non-beneficiary students at tribal colleges.

Republican lawmakers fought against the amendment, saying the agricultural extension agencies need all of the money to survive.

“It will help the economy of the industries important to Montana,” said Rep. William Glaser, R-Huntley. “I’m not willing to give up the slight gain we’ve gotten here.”

Supporters said it would fill the gap for tribal colleges and help fund PBS. Both were given one-time-only funding last session.

“It’s not an injection in the arm,” said Rep. Cheryl Steenson, D-Kalispell. “It is required for the tribal schools.”

The amendment died on a 10-10 party-line vote.

The battle for the same million dollars continued in the next proposed amendment, which said if the money could not be reallocated to those programs, it should be removed entirely.

The amendment's sponsor, Rep. Dan Villa, D-Anaconda, reminded committee members that an earlier motion to give the Office of Public Instruction more money to investigate teacher-related sex crimes was voted down due to money concerns.

“I can’t in good conscience leave a million dollars in new money on the table when we’re unwilling to fund getting bad teachers out of the classroom,” Villa said.

Rep. Duane Ankney, R-Coltrip, said Villa’s comments were inappropriate.

“We have school boards and superintendents and principals and teachers that do a real good job keeping bad teachers out of the classroom,” Ankney said.

- by CNS correspondent Molly Priddy

Ceremony celebrates new names for old places

Sen. Carol Juneau, D-Browning, speaks to a capitol crowd gathered to celebrate the passage of a law 10 years ago that led to changing the names of dozens of Montana places. (Photo by Molly Priddy)


HELENA – A large crowd gathered in the capitol today to celebrate the 10th anniversary of a state law that removed the word “squaw” from the names of many Montana land features.

Sen. Carol Juneau, D-Browning, was touted by every speaker at the “Old Places – New Names” ceremony as the driving force behind the legislation.

“It’s been a wonderful, wonderful effort to make Montana a better place to live for our citizens by taking this ugly word off our beautiful mountains and streams,” Juneau told listeners.

Some of the renamed formations included Ch-paa-qn (Shining Peak) near Missoula, formerly called Squaw Peak; Stands Alone Woman Peak near Glacier, formerly called The Old Squaw; and Too-nah-hin Creek in Cascade County, formerly called Squaw Creek.

After House Bill 412 passed in 1999, a committee was formed to implement the law. Its members learned that 76 features required name changes.

School children, county commissioners and tribal leaders all helped locate features that should be renamed and also suggested new names. Now, 10 years later, some of the 76 names have yet to be finalized, Juneau said.

One of the first changes was Squaw Gulch near Helena. It is now called Wakina Sky Gulch, a name suggested by the school kids at Wakina Sky Learning Center in Helena.

Juneau said the changes were necessary because of the matriarchal nature of many American-Indian cultures. She cited the importance in a Cheyenne proverb: “A nation is not conquered until the heart of its women is on the ground. Then it is done, no matter how brave its warriors or how strong their weapons.”

Today's ceremony at the capitol began with the lighting of tobacco and a Cree prayer from Henry Anderson, a Little Shell-Cree elder. Jennifer Perez Cole, the state coordinator of Indian Affairs, also welcomed visitors to the event.

In her speech, Juneau said the achievements of the 1999 HB 412 Committee were especially honorable because everyone worked on a volunteer basis.

“This bill passed without a budget,” Juneau said. “They wanted to make Montana a better place to live.”

Other members of the 1999 committee, Senate Minority Leader Carol Williams, D-Missoula, and Rep. Diane Sands, D-Missoula, spoke about their experiences.

Williams became teary as she spoke about the committee’s efforts over the past decade. She said she hoped a landmark will be named after Juneau in the future.

Sands also became emotional at the lectern when speaking about the accomplishments of the law and the importance names carry.

“Of all the bills and issues I’ve worked on, this one means the most to me,” Sands said. “Words do have meaning and words have power.”

Sands and Williams presented Juneau with a wool Pendleton blanket as a thank-you gift. The Soldier Gulch Drum Group played several traditional songs, including a women’s honor song, as the lawmakers passed out braids made from sweetgrass to the original committee members.

Rep. Carolyn Pease-Lopez, D-Crow Agency, said she was thankful for the committee efforts as she performed the event’s closing prayer.

“Words are containers, and they can release good or bad,” Pease-Lopez said. She prayed for the release of only good things from now on.

“Today,” Pease-Lopez said, “Is a good day to be an Indian woman.”

- by CNS correspondent Molly Priddy

Lawmakers trim proposed health care spending

HELENA – The House Appropriations Committee took its first bite out of the budget Wednesday as it chopped over $15 million from the Department of Public Health and Human Services's spending plan but purposefully avoided making final decisions to hold out for children’s health-care funding.

Committee Chairman Jon Sesso, D-Butte, said he was pleased with the initial steps made toward a structurally balanced budget.

“We made some progress today in trimming the section,” Sesso said. “Our goal is to move toward structural balance of House Bill 2.”

Although the cuts were initially approved by the committee, final decisions were saved for the end of the week. Sesso said they left this section open to see if other parts of the budget could be trimmed enough to implement the Healthy Montana Kids Act, which expands the Children’s Health Insurance Plan and Medicaid coverage.

The CHIP expansion was voted down by Republicans earlier this session because of overspending fears, and the Republican attempt to trim expenses was killed by Democrats.

Sesso said he hoped by trimming other sections of the state budget, Republicans would see there is enough room to fund the $30 million, voter-approved health-care expansion.

“If we can make progress in other programs relative to need in structural balance, we can address Healthy (Montana) Kids,” Sesso said.

Even so, Sesso said the committee made progress by cutting over $15 million from the budget.

The committee cut the state’s $10 million overtime and holiday pay obligation and decided to fund it through the stimulus package. They also expected a $2.4 million boost in federal money for child support enforcement.

They also decided to cut Medicaid-funded organ transplants, which cost the state $2 million, as well as five jobs in the DPHH director’s office.

An area of contention was an 11-9 vote to shut down a $900,000 autism program in Bozeman. The program offers a group home for four autistic children. Rep. Penny Morgan, R-Billings, said the budget should not fund this program, because it was created outside of the Legislature’s authority.

“If the department wants to continue with these programs, I think it’s up to the department to find money in their budget,” Morgan said. She said the department should be held accountable for circumventing the Legislature’s power.

Sesso said Morgan was right to be concerned about the department’s actions, but the program should not be punished.

“It would be unfortunate if this particular service to these four children in what is an otherwise commendable program suffers because of our collective concern about the department following legislative intent,” Sesso said.

Other representatives agreed the department needed to be penalized.

“If not this, when?” said Rep. Walter McNutt, R-Sidney. “If it isn’t here, where are you going to draw the line in the sand?”

Several amendments died on party-line votes, including one that would fund current CHIP levels if the expansion is not approved by lawmakers. Rep. Dan Villa, D-Anaconda, said the bill would be a move away from fully funding the expansion.

“We were directed by a 70 percent vote to fund the Healthy Montana Kids initiative,” Villa said. “Not pro-rate it – we were told to do it.”

Another amendment to die on party lines would have provided $10,000 to Head Start programs. The final failed amendment would have provided a $4 million-base budget for non-Medicaid funded aging services, such as Meals on Wheels.

The Appropriations Committee will discuss education on Thursday and they hope to finish trimming the  state budget by the weekend.

-by CNS correspondent Molly Priddy

Senate rejects ban on cell phones while driving

HELENA – Montana's state Senate voted 31-18 Wednesday to kill a bill that would have made talking or texting on a cell phone while driving a punishable offense.

Senate Bill 278, sponsored by Sen. Christine Kaufmann, D-Helena, would have let law enforcement officers pull drivers over if they are doing anything on a phone that takes their hands off the wheel or eyes off the road. Drivers in violation could be fined up to $100.

While opponents agreed people should not be texting while driving, they said banning all cell phone use would be excessive.

“The cell phone adds a lot of productivity to small businesses,” said Sen. Bruce Tutvedt, R-Kalispell. He also said the $100 fine was excessive, and using a cell phone should not be a primary driving offense.

Sen. Kelly Gebhardt, R-Roundup, said the bill would actually make driving more dangerous, because drivers would pull off the road to answer their phones and may cause accidents rejoining traffic.

Kaufmann said her bill would have helped remove some of the dangerous distractions drivers deal with.

“It’s as dangerous to be talking on your cell phone as it is to be driving drunk,” Kaufmann said. She also said restricting cell phone use is only one example of how the law makes choices for drivers when it comes to safety.

“We accept certain limits on our freedom when we get behind the wheel,” Kaufmann said.

-by CNS correspondent Molly Priddy

Ewer pans GOP bill to oversee stimulus spending

HELENA – A Republican plan to monitor Montana's use of nearly $800 million in federal stimulus money drew fire Wednesday from Gov. Brian's Schweitzer's budget director, David Ewer, (pictured) who called it unnecessary.

Senate Bill 460, sponsored by Senate President Robert Story, R-Park City, would establish a 13-person committee to monitor and check the progress of stimulus work in Montana. Voting members would include four legislators chosen by legislative leadership and four members of the public.

Non-voting members would include three chosen by Montana’s congressional delegation and two chosen by Schweitzer.

“All I think we need is an active oversight committee,” Story told the Senate Finance and Claims Committee today.

Story said the current oversight is too passive because the governor depends on people to report on their use of government money after the fact.

Though the committee has voting power, Story said it would rarely have to vote on anything. Its purpose would be to oversee federally funded projects and give voice to any discrepancies they see.

Several senators were concerned about legislators being in the minority on the new committee, but Story said he would not be opposed to changing the numbers.

But Ewer stood as the bill’s only opponent at the hearing. He said an oversight committee is unnecessary given the legislative interim committees already in place.

“We believe that the process you have to consider the (stimulus) bill is appropriate and accurate,” Ewer said.

Ewer also said the amount of stimulus money, nearly $800 million, should easily be handled by the same committees that deal with the $8 billion state budget. Most of the money will be funneled into existing programs anyway, he said.

Ewer also expressed concern that having public members on this committee would convolute the process.

“That’s an interesting filter,” Ewer said. “Who’s to say they’re going to get it right? Who’s to say they’re going to be transparent?”

Ewer said the governor is in an active oversight position, because the administration has the duty to carry out the decisions made by the Legislature.

“We’re where the rubber meets the road,” Ewer said. “You tell us what the rubber is, and we’re responsible for getting it out there.”

The bill also provides $100,000 over three years to hire consultants to help the committee understand stimulus projects. Sen. Dave Wanzenried, D-Missoula, asked if that was necessary because the citizens on the committee should be able to offer this expertise.

Story said staff members rarely evaluate projects, so other expertise would be necessary.

The oversight effort would cost nearly $160,000. Story said the federal government expects heightened transparency on stimulus money, so some of the funds could help pay the committee’s cost. Otherwise, the money would come from the general fund.

Tori Hunthausen of the Legislative Audit Division told lawmakers that the federal oversight process is still being crafted, but federal auditors will choose 15 or 16 states to audit monthly. Those states will be chosen by early next week, she said.

-by CNS correspondent Molly Priddy

Officials start to unwrap federal stimulus package

HELENA – State officials responsible for roads, education and health care urged lawmakers Tuesday to move quickly but carefully to approve the spending of Montana’s $800 million share of federal stimulus money.

“Recovery dollars don’t wait for projects,” said Transportation Director Jim Lynch. “If we don’t use this money in the time frames in which we are given to spend it, we will lose it.”

Lynch said half of the projects must be obligated within 120 days of receiving the money. If the state fails to obligate the money in that time, it will be redistributed to states that can, he added.

Lynch said the Department of Transportation has a $234 million list of projects that have already been approved by the Highway Commission and may just need minor tweaking. He said these projects would put 6,000 Montanans to work quickly.

“There’s quite a bit of construction activity that’s going to take place with the stimulus money,” Lynch said.

DOT expects the first project to be ready for bidding within the month.

Directors from other state agencies most affected by the federal money gave a Senate budget committee estimates about how the money will be used in their departments but could not give exact details.

Superintendent of Public Instruction Denise Juneau said the first half of the $149 million in federal assistance for Montana schools is expected in the next two months. Juneau said she hopes any state money freed up by federal money will stay in education.

The Office of Public Instruction expects some federal guidance on the rules, regulations and other specifics on education's share of stimulus money by the end of this week, Juneau said.

Mick Robinson of the Montana University System asked that federal money be appropriated to mitigate modernization costs and tuition increases across Montana campuses.

Anna Whiting Sorrell, director of the Department of Public Health and Human Services, said she was still waiting for federal guidance but urged continued funding because her department could be needed more than ever as economic problems hit home.

Whiting Sorrell said more Montanans will be eligible for public health services but may not come forward immediately.

“This will be the first time that they have accessed our services,” Whiting Sorrell said. “It is something they will not be comfortable doing.”

On the brighter side, Department of Revenue Director Dan Bucks said Montanans can look forward to several tax cuts within months.

“These cuts are huge and the dollars are focused on the middle class,” Bucks said.

Bucks said 97 percent of individual income-tax payers will benefit from a $400 tax credit or an $800 tax credit for married couples. He also stressed the importance of home renovations for energy conservation because many projects are eligible for tax credits.

Representatives from the governor’s office asked lawmakers to be as expeditious as possible when appropriating money so projects can get going.

Other testimony at the lengthy hearing came from various counties, which asked for specific projects or concerns to be considered when the Legislature appropriates the federal money.

Lawmakers were also told there would be around $200 million available in federal discretionary funds, but it is still unclear how that might be used to replace state dollars in the budget.

- by CNS correspondent Molly Priddy

Darby senator sinks his stream access bill

An angler tries his luck on Mitchell Slough near the Bitterroot River. Disputes over public access to the slough fueled a series of court cases over whether Montana’s landmark stream access law applies to waterways altered by man. (Photo by Michael Howell/ Bitterroot Star)

By LAUREN RUSSELL
Community News Service
UM School of Journalism

What was shaping up to be major fight over public access to Montana’s smaller waterways ended quietly last week when Sen. Rick Laible decided to kill his own bill.

The Darby Republican’s Senate Bill 314 would have effectively barred anglers and other recreators from most of the state’s smaller streams, according to state fish and wildlife officials.

Laible, whose district includes the greater part of Ravalli County, cancelled two hearings before the Senate Natural Resources Committee earlier this month for the bill, which attempted to define the terms “natural” and “natural water body” for purposes of Montana’s stream access law.

The bill officially died this week when it missed the deadline for passing from one house to another.

Laible said the bill was created to address concerns of farmers and ranchers over November’s Montana Supreme Court decision on the Bitterroot Valley’s Mitchell Slough. The court ruled that the slough was a natural waterway and therefore subject to the 1985 state law for stream access, overturning earlier court decisions stating that any water body manipulated by man was no longer a natural stream.

Laible said he had been asked to sponsor the bill by a constituent who was worried the Mitchell ruling would provide the public access to existing ditches. As the bill progress, Laible said he was unhappy with the broad implication of the measure’s language.

“I thought the original intent was to protect water rights of ranchers and farmers, but I was told the language was actually trying to overturn the Supreme Court decision,” Laible said. “I didn’t think it was the right thing to do.”

Laible would not say who wrote the bill.

“I did some more research and kept the bill going, thinking we could amend it,” Laible said. “But I talked to the attorney of (Department of) Fish, Wildlife and Parks, who said that even an amendment didn’t fix it. Turned out it reversed access for sportsmen, access which is our Montana heritage.”

Opponents of the measure included Fish, Wildlife and Parks and Montana Trout Unlimited.
Bruce Farling, executive director of Montana Trout Unlimited, said that since most streams in Montana have been modified by irrigators, many smaller streams would have been off-limits to public access.

“That bill would have radically undermined our 25-year-old access bill in the state and would have put hundreds of streams that are now accessible out of access for the public,” Farland said. “Once Rick talked to our guy in Helena and talked to legal counsel and realized he didn’t understand the implications of the language, he was a gentleman and a good guy and decided to abandon it."

Because no clear definition of what constitutes a “natural” stream will be determined in the Legislature this session, future issues of state public stream access will most likely be decided in the courts on a case-by-case basis.

Laible described the experience of sponsoring the contentious bill as one of the most challenging of his legislative tenure.

“It was not good,” Laible said. “I didn’t know it was going to be that controversial, I thought it was cleanup language. Sometimes bills don’t turn out the way you want them to, so you kill ‘em.”