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Dave Fern: This year’s session a perfect storm for chaos

| April 12, 2023 1:00 AM

I’m home on an abbreviated Easter Break. On the first full day back, Wednesday, April 12, there are 83 bills scheduled to be heard on the house floor starting at 8 a.m. Another marathon session, one of many.

My day starts off at 7:30 a.m. in Tax Committee. I’m bringing forward a Committee study bill that takes an in-depth look at four bills that hit our committee dealing with agricultural tax classifications and the trends of wealthy outsiders using the land for recreational pursuits, the role of nonprofits in the purchasing of large tracts of land (think of the American Prairie Reserve) and the social and economic impact of such trends.

Perhaps around 9 a.m., I’ll present a bill before Senate Tax that looks to change the tax rate for a portion of overnight rentals from the residential rate to the higher commercial rate. The rest of the day for me will be voting 83 times on second-reading bills. Each of these bills from the Senate allows for a presentation from the carrier of the bill and a floor debate. Some bills are so uncontroversial that hopefully will not possibly rise to a debate-worthy status. In addition, there are third-reading votes that are simple up or down votes.

How did we get to this unmanageable condition? The year started off with about 150 Red Tape Reduction bills from the office of Lt. Governor Christin Juris. I appreciated the effort, but unfortunately, some of the bills were more complicated than advertised and delayed legislative bills. Secondly, there is a super-majority, likely a once-in-a-decade opportunity because of the leveling effect of legislative re-districting, resulting in a sense of urgency with some members to confront an immense content of subject matter including constitutional initiatives. And lastly is the once-in-a-generation amount of budget surplus that has resulted in an over commitment to programs from rebates, pension reforms, child care, school health insurance and affordable housing.

This legislature is built for the long run. Along with a budget, there are essential matters that may face deadlines to reauthorize, or conformity required to meet federal mandates. The legislature through the Legislative Council and the Joint Rules Committee has not adequately addressed the capacity to run such a high volume of bills in 90 days within a biennium. Some committees such as Judiciary and Human Services are overburdened resulting in early starts or late adjournments depending on the start times. This is no way to run a railroad! Bills coming to committees at the last moment questionably fail to provide adequate notice for the public to participate. Committee members struggle to find time to read the bills. Perhaps a cap on the total aggregate number of bills and the bill capacity of committees should be considered. This year’s session, the perfect storm for chaos, must not repeat.

As yet to be determined are the winners and losers in the budget surplus lottery. I’m doing all I can to prioritize housing needs for a workforce in the house district that struggles to rent and cannot qualify for home ownership. Thank you for your many emails and texts. There is still time to visit Helena and observe the sausage being made.

Representative Dave Fern

HD 5, Whitefish