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Lots of bills planned for next Legislatature

by JIM MANN The Daily Inter Lake
| January 1, 2005 1:00 AM

There's no shortage of bills being planned for the next Legislature by Flathead-area representatives; some should stir lively debates, others will die quickly and some will wind their way through the process.

So far, close to 2,000 bill drafts have been requested and more can be expected once the 2005 legislative session gets under way the first week of January.

The Flathead delegation's proposals are diverse - some aimed at solving specific problems, others addressing broad changes for state government. Most involve minor revisions to the already voluminous Montana Code Annotated.

There are bills to deliver property tax relief in a variety of ways and bills aimed at influencing the management of state school trust lands. There are bills that would affect land use planning, wildlife management and improve access to public waters.

There's a bill that would fundamentally change presidential elections in Montana, one that would require cars to have window stickers as proof of liability insurance, and one that would ban smoking in all public buildings.

Some lawmakers have been prolific in their requests for new legislation. Rep. Rick Maedje, R-Fortine, has 70 bills under his name, but roughly half of them have "on hold" status, meaning they may never be completely drafted and formally introduced.

Several other legislators are abstaining from proposing legislation.

"I hear they have about 2,000 of them right now and I don't know that we need more," said Rep. George Everett, R-Kalispell. "I'm there to unclutter the code, not add to it."

Senate Minority Leader Bob Keenan, R-Bigfork, has 18 bills, most of which would implement a task force's recommendations for changes in the state's Medicaid system.

The intent, he said, is to "tighten up the system and make it more efficient." Even though the bills come from a bipartisan task force, Keenan says he has "no indication of whether there will be support for them or not."

Rep. Tim Dowell, D-Kalispell, has a slate of bills and some are likely to cause a stir.

One bill would ban smoking in all public buildings, including bars and casinos. "It's like what they have in California and New York City," said Dowell, who adds that his interest is partly in promoting better conditions for those who work in public places.

Dowell, the Flathead's senior Democrat in the Legislature, is also proposing a bill that would change Montana's seat-belt law so that law enforcement officers can stop motorists solely for not wearing their seat belts. Currently, motorists must be stopped for other reasons, and if they are not wearing their belts, they can be cited.

In a backup bill, he is proposing the same requirements for vehicles with passengers under the age of 18.

Working with the administration of Gov.-elect Brian Schweitzer, Dowell is proposing legislation that would create an insurance pool aimed at encouraging small businesses to purchase health insurance for their employees, plus legislation that would allow Montanans to purchase prescription drugs from Canada.

Dowell also is proposing a bill aimed at allowing the state to capture taxes on income earned by national companies that operate in Montana but currently ship their profits out of state.

Rep. Dee Brown, R-Hungry Horse, is proposing a bill that would grant all state employees a $1 per hour pay raise as a means of countering percentage raises.

"Four percent of $80,000 is way bigger than 4 percent of $16,000," she said. "The people on the ground working closest to our communities are sorely underpaid and this will help them."

Among her other bills, Brown also is proposing an administrative change that would centralize all state airline ticket purchases. The state's different departments currently manage their own airline ticket purchases, with varying degrees of cost effectiveness, Brown said.

Sen. Dan Weinberg, D-Whitefish, plans a series of bills in his first legislative session, including one aimed at lowering the cost of prescription medications.

Another would encourage "bi-national" efforts to study the existing environmental conditions and potential impacts that could result from mining in the transboundary area between Montana and Canadian provinces. Another would create a state law aimed at cracking down on computer spamming and computer trespass.

Another would add representatives from the Montana Department of Natural Resources and Conservation and the Bonneville Power Administration to the Flathead Basin Commission.

Weinberg and Rep. Mike Jopek, D-Whitefish, who also is in his first term, are teaming up on legislation related to state trust land management, particularly trust lands in the Whitefish area.

Jopek said he and Weinberg intend to develop legislation that would encourage long-term leasing of trust lands for more profitable purposes rather than selling those lands.

Jopek and Weinberg are working together on other legislation that would allow more flexibility for cities to rely on local firms for services such as engineering and design.

Jopek also is proposing legislation aimed at encouraging an insurance pool for Montana workers. He has two bills directed at providing property tax relief: one would provide an exemption for residents who pay Montana income taxes and the other would require that residential property be reappraised only after it has been sold or remodeled.

Another Jopek bill would direct planners to include a strategy for preserving access to public waters during minor and major subdivision review processes.

Rep. Bill Jones, R-Bigfork, is crafting a bill that would generate more revenue for a state fund that is used to purchase public access to lakes and rivers. Jones said revenue for the fund could come from multiple sources, including an increase in the fee that hunters and anglers pay for conservation licenses.

"We're losing our heritage in Montana to wealthy people who are buying up all of our water-based recreation access. This is a problem," said Jones, a freshman legislator. "I want to purchase access while there's still some available."

Jones also is drafting a bill for a constitutional amendment that would limit appraised values on primary residences of Montanans who are 65 or older. Providing tax relief to senior citizens who live on fixed incomes was a goal of Jones' predecessor in the Bigfork House district, Stan Fischer.

Jones said similar legislation in the past presented tax equity conflicts that will be addressed through a constitutional amendment.

Rep. Bernie Olson, R-Somers, is sponsoring several bills, including one that would change the state's school funding formula in a fashion that would shift more funding to larger urban schools.

"My contention is that we've got quite a bit of money but it's not being fairly allocated," said Olson, a former Flathead High School teacher.

Many small schools in rural areas receive more than twice the amount of state funding per student than large schools, he said.

Olson also is sponsoring a bill that would put a three-year limit on the eligibility of retired teachers to be used as part-time teachers. Schools are increasingly resorting to part-time teachers to save money, but those teachers do not contribute to the teachers retirement fund, Olson said.

Olson is proposing a bill that would put a 4 percent tax on restaurant sales, with half the revenue being directed to the state's general fund and half to the city or county where the tax is collected. He's proposing another bill that would allow the use of satellite technology for voting (so that Lakeside residents don't have to travel to Kila to vote) and a bill aimed at converting Montana's law archives to digital records.

Olson has other legislation that would restore a full deduction of federal income taxes on state income tax payments. Federal deductions were capped during the last sessions.

Sen. Greg Barkus, R-Kalispell, is proposing a bill that would cap the Department of Revenue's property appraisals, limiting annual increases to 4 percent.

"I'm looking to put some predictability into the property tax arena," Barkus said.

He's also proposing legislation that would give farmers and ranchers the ability to haze deer and elk from agricultural lands, rather than relying on hunting as the only tool for for managing big game herds.

Another Barkus bill is sure to get attention: He is proposing that all Montana drivers be required to post window stickers in their vehicles as visible proof that they have liability insurance.

Barkus said the number of motorists driving without insurance has become an intolerable problem.

"I'm just really tired of seeing the costs of uninsured motorists going through the roof while coverages are coming down," he said.

Reporter Jim Mann may be reached at 758-4407 or by e-mail at jmann@dailyinterlake.com