Bill would allow wildlife agency to manage bison

HELENA – Wildlife groups and others squared off with the ranching industry last week over legislation that would strip the state Department of Livestock of its responsibility for managing bison that wander from Yellowstone National Park.

House Bill 253, sponsored by Rep. Mike Phillips, D-Bozeman, would give the job to the state Department of Fish, Wildlife and Parks. As wildlife, bison should be managed by wildlife professionals, he told fellow legislators.

The switch would allow the Department of Livestock to concentrate more specifically on the fight against brucellosis, a disease that causes cows to abort their offspring.

Many of the bill’s supporters were from rural towns near Yellowstone National Park who said they were tired of the bison being hazed near their property.

But ranchers and their representatives told legislators they feared what would happen if the Livestock Department stopped managing the animals.

John Bloomquist, lobbyist for the Montana Stockgrowers Association said other states would surely question Montana’s ability to manage brucellosis if FWP, an agency without a disease control department, took over.

Other opponents included the Montana Association of Counties, the Montana Board of Livestock and Citizens for Balanced Use.

The Department of Livestock was given primary authority to manage bison by the 1995 Legislature.

Schweitzer sees hope; pitches surtax on oil, gas

Gov. Brian Schweitzer’s optimistic State of the State address was met with applause from Democrats and hesitation from Republicans on Wednesday night as he outlined his hopes for education, energy development and the federal stimulus package working its way through Congress.

He also urged legislators to pass House Bill 388, which would tax oil and gas production to provide raises for teachers. He said the idea comes from Wyoming but added that Montana will still tax oil and gas at a lower rate than that state.

But Sen. Roy Brown, R-Billings, said the bill would, in fact, be a new tax on oil and gas production, creating a disincentive for business development in the state.

House Minority Leader Scott Sales, R-Bozeman, criticized Schweitzer’s portrayal of increased oil production as inaccurate. “He plays really fast and loose with the figures,” Sales said. “I’m not sure where he gets his numbers.”

Senate President Robert Story, R-Park City, who delivered the Republican response to Schweitzer’s speech, promised that Republicans will create an oversight commission to monitor how the state spends any money it receives from the federal stimulus bill.

Restaurants: Minimum wage should include tips

Citing rising costs and dwindling diners, Montana restaurant owners rallied last week to support a bill that would allow them to pay servers less than the minimum wage.

Senate Bill 253, sponsored by Sen. Donald Steinbeisser, R-Sidney, would allow employers to count an employee’s tips toward the minimum wage but only after the wage tops $6.90 an hour. The bill cleared committee last week and is headed to the full Senate.

Critics said the measure would hurt Montana’s poorest workers, but Brad Griffin, representing the Montana Restaurant Association, said continual cost-of-living increases in the minimum wage are impossible to absorb in a tough economy.

Supporters included restaurant owners and representatives of several national chains, including Outback Steakhouse, Applebee’s, Perkins, Famous Dave’s and Pizza Hut. The Bozeman and Great Falls Chambers of Commerce also supported the bill.

Opponents argued that tips are the employee’s property and restaurant owners have no right to ask customers to subsidize their employees’ wages.

Opponents included unions, the Montana Human Rights Network, and waitresses and baristas. The Montana Department of Labor and Industry and Gov. Brian Schweitzer also opposed the bill.

Supporters plead for mandatory seat belt law

State lawmakers heard emotional testimony last week 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, would make driving without a seatbelt a primary offense.

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.” 

The 2005 legislative session failed to pass a similar bill.

House votes to freeze some state workers' pay

The state House of Representatives voted last week to freeze many state employees' salaries for the next two years while offering a slight raise in health care benefits.

The bill would keep most executive branch employees’ salaries at their current level, but it would provide a one-time payment of $450 to any full-time employee making $45,000 or less.

HB 13 also provides a $53 increase in the state’s contribution to each employee’s health-care benefits plan.

Rep. Ray Hawk, R-Florence, said he would not support the bill because the benefit increase will be too expensive. “This really amounts to an 8 percent pay increase,” Hawk said.

HB 13, which carries a $32.5 million price tag, was endorsed by three unions representing nearly 11,000 executive branch employees: the Montana Public Employees Association, the Montana Educators Association/Montana Federation of Teachers, and the American Federation of State, County and Municipal Employees.

The bill does not apply to university system, legislative or judicial employees. A final vote on the bill is pending.

Bill seeks dollars for children's health coverage

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, 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.

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 Children’s Health Insurance Program and Medicaid.

The bill’s 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 additional uninsured children in Montana.

Bridge access bill wins initial vote in the House

A bill giving anglers, floaters and others the right to access Montana's rivers and streams at public bridges climbed over a major hurdle last week, passing the House by a vote of 97-3.

“This is a vehicle to pass bridge access,” said Rep. Kendall Van Dyk, D-Billings, 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 to 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.

Bill would allow some 17-year-olds to vote

Lawmakers heard a bill last week that would allow 17-year-olds to vote in primary elections so long as they turn 18 by the general election.

House Bill 277 was described as a “kitchen table” bill by its sponsor, Rep. Mike Menahan, D-Helena, because the idea came to him during an argument his 14- and 16-year-old daughters were having at home.

HB 277 has the support of Secretary of State Linda McCulloch, who told lawmakers the change would increase accessibility to the polls and lead to higher voter turnouts. “Once a voter, always a voter,” McCulloch said.

The bill had no direct opponents, but several members of the House State Administration Committee wondered about its constitutionality.

Menahan said none of the 18 states that have such a law have had to change their constitutions. He also said lawmakers should not be afraid to test the idea's legitimacy in court.