Fern sets out priorities ahead of Legislature

State Rep. Dave Fern says he’ll head to Helena when the state Legislature convenes next month, but he’ll be advocating for a split session that would have top priority items taken care of now and policy issues pushed to a later date.

Two weeks ago Republican members of the Legislature voted to hold the upcoming session in person with the option to participate remotely amid the COVID-19 pandemic. Lawmakers are sworn in on Jan. 4 beginning the session that lasts up to 90 days.

Fern, a Democrat from Whitefish, is serving his third term in the Montana House of Representatives. Fern says he’ll head to Helena when the new session begins, but he also plans to attend meetings remotely.

“I’m advocating for having the session split into two,” he said. “That we’d work on what’s mandated by the Legislature meaning the budget and possibly some statutory spending bills that need individual attention, and that could be done early in the session. Then I would come back in January 2022 and deal with all policy issues, when we have the vaccine and most people have taken it.”

Plans also include creating a COVID-19 response panel with members from the House and Senate to determine if more safety measures are needed throughout the session. Some lawmakers say they are more effective meeting in person, while others have advocated for a remote session saying it’s the safer choice.

“The science and the public health recommendations that have come forward should not be political, but it’s become a lightning rod and it’s finding its way into the rules for a safe session,” he said. “The majority of house members want rules that would cover a safer setting.”

Fern notes that it’s more than just members of the Legislature who are impacted by the decision to hold the session in person — state staff, members of the public and lobbyists are also impacted and he expects many of those folks to likely participate remotely.

“The burden is being placed on people who want to be careful,” he said. “We’re told we’ll let you do it remote, but the people who exhibit bad behavior can go to the session. I want to be in the session as much as I can because there’s no comparison between a Zoom meeting and being there. But without any precautions in the rules, I don’t support the rules.”

Fern said come Jan. 4 when the Legislature meets there could be amendments to the operating rules to deal with COVID-19.

COVID-19 has obviously had an impact on Montana and Whitefish, Fern says, and that has brought forward some issues that might not have otherwise.

“COVID has had an impact on everyday life, but importantly how it’s affected our small businesses,” he said. “Hopefully we’re learning something about nursing homes and to lose so many people in the facilities here, COVID has brought elements forward that maybe we can tackle in the Legislature.”

During the session, Fern has a list of issues he expects to work on. He will continue to serve on the taxation, local government and transportation committees.

He plans to create a bill that would create a local option sales tax, similar to a resort tax, but it could apply to non-resort communities. He also wants to look into the option of allowing a tax to apply to online purchases.

On a related issue, he says he will work on increasing the population cap related to the resort tax — currently it’s 5,500 for an incorporated town or 2,500 for an unincorporated area. The threshold for population will have an impact on towns with the resort tax, he notes.

On the issue of affordable housing, Fern says he plans to push for reauthorizing 2019’s House Bill 16, which allocated $15 million from funding from the Coal Tax Trust Fund to be used for low interest loans to develop or preserve rental homes and apartments in Montana. In the first six months of the program most of the funds had been spent.

“I also want to look at expanding housing through creating a state tax credit,” he said.

He says he plans to explore a business tax credit to assist businesses, and also a program that would assist with moving expenses for employees who want to move to Montana and work remotely.

“There’s a need to have folks work and pay taxes here, while balancing the aging of the state and public assistance requirements of the state,” he said.

He plans to sponsor a study bill that would look at diversifying the Coal Tax Trust Fund to have other energy sources contribute to the fund, and also look at ways the fund could be invested to earn more.

“The trust is important because, for example, in Whitefish it aided with costs for the new wastewater treatment plant grants,” he said. “Part of the fund works with infrastructure across the state and obviously the costs of infrastructure are increasing.”

Fern says he will continue to work on efforts to increase funding for K-12 special education in public schools.

He expects land use and conservation easements to be a topic of the upcoming session, and he plans to resist any changes that would impede the implementation of conservation easements.

“I support the status quo and the timing on conservation easements is really important,” he said. “In areas like the Flathead Valley that are very popular conservation easements are a necessary tool to guarantee our heritage and access, and better manage game and nongame species.”

The Solutions Caucus, a group of moderate Republicans, voted during the last legislative session with Democrats in support of renewing Medicaid expansion. Fern says the Solutions Caucus will return in the new session.

Fern says it’s impossible to fit the will of the people into a two party system and it’s OK to compromise to get things accomplished.

“We have to recognize the needs of our districts,” he said. “In a resort community like Whitefish with a lot of unique needs, it doesn’t necessarily fit into a straight Republican or Democrat wish list. Some degree of independence and blending works best for the constituents. I think governing from the middle is where I’m comfortable.”