Governor not rushing into special session

It had been expected by many Montana lawmakers all year, but now it's uncertain whether a special legislative session will be held in December, Gov. Brian Schweitzer said in an interview Tuesday.

When the 2005 legislative session concluded in April, it was widely acknowledged that a special session would be necessary late this year to address the unfinished business of school funding and financially troubled state retirement systems.

But a bipartisan committee of legislators has yet to produce a school funding plan, and all the details that come with it, to satisfy a 2004 Montana Supreme Court ruling.

"We don't want to put the cart in front of the horse," Schweitzer said. "The only reason to hold a special session is if these legislative leaders are able to put together a product that meets the concerns of the court and is acceptable to both sides of the aisle."

Schweitzer said he could not predict when the Quality Education Committee might develop a proposal that could be addressed in a short, efficient special session.

"It could happen anytime," he said. "It takes legislative leaders to agree and those political parties to come together."

Senate Minority Leader Bob Keenan, R-Bigfork, said the governor is deferring leadership on school funding to lawmakers, and he is "flabbergasted" there isn't more urgency to address an issue that was the state's singular priority when the 2005 Legislature convened.

"The majority rules, and the governor is in the majority," Keenan said. "He campaigned claiming to have solutions to the educational situation that we're faced with."

Keenan said the education committee "does not appear to be further along" than an Education Renewal Committee with which he was involved in 2003.

Keenan thinks there is potential for a special session to be delayed until well into 2006.

"What I see is just a rehash of the work the renewal commission did with more emphasis this time on numbers," Keenan said. "At some point in time, tough decisions need to be made. The Democrats campaigned, as did the governor, on education. It's time for the Democrats to stand up and deliver."

An Oct. 1 deadline for complying with the Supreme Court order doesn't seem to matter, Keenan said.

"The Supreme Court didn't say get it done someday," Keenan said. "They said Oct. 1."

Schweitzer said the state has made enough "legitimate progress" to satisfy the court. Specifically, the state provided an additional $80 million in funding for Montana's K-12 schools, and it is implementing a court-ordered "Indian Education for All" program.

What remains is the more difficult task of establishing a school funding formula that can, among other things, keep up with inflation, changing state and federal accreditation standards and enrollment patterns, and increasing requirements for special education.

Schweitzer said the Quality Education Committee's role can't be sidestepped, and the committee is evenly divided with four Republicans and four Democrats. He said his administration consistently has assisted the committee, providing detailed information on budget projections for various funding alternatives.

But that's not enough, Keenan says.

It is "especially difficult" for Democrats to lead on the issue "because of their alignment with the major union that controls education," Keenan said, referring to the Montana Education Association.

"That is no secret," Keenan added. "The Democrats are in a very uncomfortable position between the unions and the taxpayers."

Few dispute that whatever formula is adopted will increase education spending. Just how much will depend on the "educationally relevant factors" that the formula will have to meet.

"We're hoping that the Legislature can agree on a funding formula," Schweitzer said. "And this is very important - that it's a plan that lives within our means, that's affordable and meets the concerns of the court."

Schweitzer said he is confident in Montana's financial outlook, with a healthy overall economy that is providing increased revenues to the state. Ongoing revenue, at this point, is taking care of ongoing expenses, he said.

"We're not spending a nickel more than what we're receiving in revenue," he said. "We're running this like a business."

A special session also was expected to bring about financial solvency for teachers and public employee retirement systems.

When the Legislature reconvenes, Schweitzer said, "the very first thing on the agenda will be to begin to address the long-term inequities in the retirement programs for the teachers and the public employees. This is the first obligation the state of Montana has."

Schweitzer said it will require an immediate infusion of $120 million to $150 million "to be able to grow our way out of this structural inequity."

Delaying on that down payment, he said, will only cost the state more in the long run.

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