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Swearing in, new bills as work begins in legislature

by Dee BROWN<br
| January 15, 2009 10:00 PM

Families met on the floor of the House for swearing in ceremonies last week. It is an awesome state we serve in the most beautiful room of the capitol. Many first-timers were awestruck, and all of us are humbled by the chance to serve the taxpayers of our great state.

Last week one of my bills, HB 148, was heard by the House Business & Labor Committee. This is a bill which will clarify work comp going to and coming from work. The business community which pays huge liability premiums to the system lined up in favor of the bill while the trial lawyers came in as opponents. This is not the perfect bill but will be part of the mix as we address problems created by the Supreme Court’s interpretation of Montana law.

There is a similar bill working through the legislature from the Senate side so an eventual conference committee to come up with the best solution will probably be the answer. There was some concern by emergency responders that work comp wouldn’t cover them, as was the question of an employer transporting several workers in a crew cab truck to the job site. Both of those concerns would pass the test of work comp in my bill but the language may have to be amended to be specific to those questions.

Workers’ comp was always meant for the worker injured on the job. A person going home on lunch break to feed the dog and breaking a leg should be covered by homeowners’ insurance or another service. The high cost of doing business in this state with the second highest work comp rates needs to be addressed.

THIS WEEK my bill for the tourism industry, HB 150, was heard in the House Judiciary Committee.

The Montana Recreation Safety Act spells out to the court that there is inherent risk while doing some of the recreation we all enjoy. People from around the world visit our state to experience the thrill of many outside activities. My bill will clarify to the courts that there are some risks associated with being outdoors enjoying “wild and woolly” Montana.

It will not deter a lawsuit when there is a guide or provider of the fun who hasn’t taken steps for the safety of the visitor. It will, however, specify that there are risks associated with all that fun, and juries will be required to sift through the inherent risk and the poor guide service. Again, liability insurance continue to rise for the private sector and the bill, patterned after Wyoming law, will set some boundaries.

Sen. Tester spoke to a joint session of the House and Senate last week. He honored my request to meet with the Flathead delegation after his talk and discussed the BPA power rates he and

Sen. Baucus are trying to negotiate. This will be a ray of hope for CFAC employees if it turns out to the positive. We will support the senators in their quest for lower rates.

LONG ROAD trips are a great way to catch up on your reading. I am not one of those drivers, however, who page through a book while behind the wheel. Your local library has a good selection of books on tape so all you really need is a CD player and your listening skills.

A recent book I “read” was about a family who lived on Alcatraz Island during the thirties, the time of Al Capone and Bugsy Siegel. The father was a guard at the prison so children on the island had restrictions on what they did and where they played. A common statement by inmates was that “it takes twelve minutes to get to Alcatraz and twenty years to get back.” I could change that statement for my own trips back and forth to Helena from the Flathead. “It takes four hours to get there and ninety days to get home.” It won’t take you nearly as long to come and testify on a bill.

I encourage you to do so.

Rep. Dee Brown is the House District 3 Republican Whip.