House – Thursday, April 28, 2011

BILLS WITH VOTE RECOMMENDATIONS AND/OR REVIEWS HAVE BEEN CHOSEN DUE MAINLY TO THEIR SIGNIFICANT IMPACT ON FREEDOM, SIZE AND SCOPE OF GOVERNMENT, OR SPENDING ISSUES.

NOTE: IF “NO RECOMMENDATION” FOLLOWS A BILL, WE HAVE DECLINED TO TRACK IT AT THIS TIME (e.g., THERE WILL BE NO RECOMMENDATION).

(Fourth Session)

HOUSE – 7 pm – 2nd Reading

SB 423 Essmann – Generally revise laws relating to use of marijuana – (This bill has multiple problems for freedom lovers. It fails first in acceding to the fed. govt’s claimed power to prohibit certain substances. Then it sets up a complex and far reaching process for the state government to interfere in free choice to provide for one’s own health and well-being. It “regulates, restricts, permits, and authorizes”. That is not American freedom. The provisions of Section 16, Forfeiture, are backward. Innocent until proven guilty is the right way, and no loss of property except upon conviction, after due process. Section 25 requires a formerly approved caregiver to surrender property. If anyone but government did that, it would be theft. The bill allows for sharing of information among the department employees. This is already abused. Remember, the role of government in America is to protect the people’s right to LIFE, LIBERTY AND PROPERTY. This bill fails the freedom and good government test.  All the problems in the current system should be addressed by punishing those who encroach on the rights of others.) – DO NOT PASS

SB 136 Balyeat – Revise residency requirements for hunting – (Sensible bill allowing non-resident but MT born persons to buy hunting/fishing license at double residents’ price) – DO PASS

HOUSE – 7 pm – 3rd Reading

HB 609 MacLaren – Referendum on freedom to choose health insurance coverage – (freedom to not purchase health care without paying penalties) – must be voted into law by citizens of Montana) – DO PASS

SB 100 Shockley – Disposition of damage awards for state land leases -(Damage awards go to the general fund, or to the fund to which the lessee would have paid the lease fees.) - DO PASS

SB 207 Moore – Clarify regulation of bison – (FWP and radical environmentalists have been lobbying to take buffalo from livestock and create their jurisdiction over these animals. This must not happen.) – DO PASS

SB 266 Olson, A Revise local coal tax gross proceeds tax abatement - (Grants counties more flexibility in setting a local tax abatement rate for the coal gross proceeds from a new or expanding underground coal mine and requires county voter approval.) – DO PASS

HB 316  Cook – Redistribute certain revenue and income-ALERT-KEY COMPANION BILL TO HB2-(classic bill to rob Peter to pay Paul rather than make the spending cuts the voters sent Republican legislators to make-robs from oiland gas, coal trust, bed tax, metal mines and all counties to pad the general fund with money to use for K-12 base) DO NOT PASS

HB 156 Increase the rate of payment of interment allowance and headstone – (Increases the Veterans Internment allotment from $250 to $500. Although a nice gesture, is it not wise to double each county’s expenditures for Veteran’s Internment in these times (half million dollars a year extra burden.) – DO NOT PASS

SB 36 Hamlett (D) – Revise court costs and attorney fees in water cases – (Allows the district court to award costs or attorney fees incurred as a result of administrative proceedings) – NO RECOMMENDATION

HB 604 Cook – Provide for fund transfers to various accounts

(Third Session)

HOUSE – 5 pm – 2nd Reading

SB 29 Moss – Mandatory alcohol server and sales training - DO NOT PASS

HB 604 Cook – Provide for fund transfers to various accounts-(technical concerns) NEEDS FURTHER STUDY

SB 423 Essmann – Generally revise laws relating to use of marijuana – (This bill has multiple problems for freedom lovers. It fails first in acceding to the fed. govt’s claimed power to prohibit certain substances. Then it sets up a complex and far reaching process for the state government to interfere in free choice to provide for one’s own health and well-being. It “regulates, restricts, permits, and authorizes”. That is not American freedom. The provisions of Section 16, Forfeiture, are backward. Innocent until proven guilty is the right way, and no loss of property except upon conviction, after due process. Section 25 requires a formerly approved caregiver to surrender property. If anyone but government did that, it would be theft. The bill allows for sharing of information among the department employees. This is already abused. Remember, the role of government in America is to protect the people’s right to LIFE, LIBERTY AND PROPERTY. This bill fails the freedom and good government test.  All the problems in the current system should be addressed by punishing those who encroach on the rights of others.) – DO NOT PASS

SB 266 Olson, A Revise local coal tax gross proceeds tax abatement - (Grants counties more flexibility in setting a local tax abatement rate for the coal gross proceeds from a new or expanding underground coal mine and requires county voter approval.) – DO PASS

SB 174 Vuckovich -  Prohibit state funds for movement or relocation of bison to Spotted Dog WMA – (an opportunity to stop FWP spending and ill-advised plans) - DO PASS

(Second Session)

HOUSE – 1 pm – 2nd Reading

SB 156 Windy Boy – Revise tribal use of TANF maintenance of effort funds – NO RECOMMENDATION

SB 36 Hamlett (D) – Revise court costs and attorney fees in water cases – (Allows the district court to award costs or attorney fees incurred as a result of administrative proceedings) – NO RECOMMENDATION

SB 29    Moss – Mandatory alcohol server and sales training – DO NOT PASS

SB 100 Shockley – Disposition of damage awards for state land leases -(Damage awards go to the general fund, or to the fund to which the lessee would have paid the lease fees.) - DO PASS

SB 207 Moore – Clarify regulation of bison – (FWP and radical environmentalists have been lobbying to take buffalo from livestock and create their jurisdiction over these animals. This must not happen.) – DO PASS

(First Session)

HOUSE – 8 am – 2nd Reading

HB 316  Cook – Redistribute certain revenue and income-ALERT-KEY COMPANION BILL TO HB2 - Amendments: HB 316-1, HB 316-2 -(Classic bill to rob Peter to pay Paul rather than make the spending cuts the voters sent Republican legislators to make – robs from oil and gas, coal trust, bed tax, metal mines and all counties to pad the general fund with money to use for K-12 base) - DO NOT PASS

HOUSE – 8 am – 3rd Reading

HB 439 Hollenbaugh – General obligation bonds for state government-(more state debt for pork and state jobs to underwrite HB2 spending-we think this is not wise at this time) DO NOT PASS

HB 494  Edmunds – Revise laws relating to subdivision exemptions – (Protects property rights by not treating certain conveyances as “subdivisions.”) – DO PASS

SB 35 Hamlett – Revise laws related to navigable river beds - (Grants overly broad powers to state-increases size and scope of government and increases taxes) DO NOT PASS

SB 136 Balyeat – Revise residency requirements for hunting – (Sensible bill allowing non-resident but MT born persons to buy hunting/fishing license at double residents’ price) – DO PASS

SB 166 Balyeat – Revise income tax filing extension law – (There is an automatic 6 month extension of time to file a state tax return.  This would allow the filer to pay an owed tax of <$200 in this period without interest or penalty.) – DO PASS

SB 212 Ripley – Clarify FWP authority to manage wild buffalo or bison – (Protects public and private land and livestock from diseased bison – provides for public hearings before release or movement of bison onto public or private land) – DO PASS

SB 279 Jackson – Allow legislative security personnel w/permit to carry weapon into Capitol - (This is a poor remnant of the original bill which was to allow for legislators with permits to carry weapons.  We have people who have great power over our lives and property, but they cannot be trusted to conduct themselves honorably while in possession of a weapon?) – DO PASS

SB 305  Jackson (R) – Revise energy policy – (A reasonable policy to use and develop the resources we have in the current technology, while promoting the use and development of the newer. Recognizes that we could be more independent if we would use our home resources.) - DO PASS

SB 312 Vincent (R) – Revise metal mine laws (mostly a pro-mining bill which slightly curbs the bureaucracy) DO PASS

SB 315 Ripley – Revise school law on standard of review for school board decisions – (Appears to better define termination and grievance procedures for school boards and superintendents, reducing the margin for procedural error and subsequent legal challenges) – DO PASS

SB 329 Zinke – Generally revise K-12 laws - (New language to create a method for transparency in school information and performance data.  Sets up a new procedure to redistribute oil and gas tax money to districts  that do not get such money, but are affected by that industry.) ALERT-COMPANION SPENDING BILL TO HB2 – DO NOT PASS

SB 372 Tutvedt – Lower business equipment tax — phase more reduction on state economic growth – (Taxing the means of producing wealth is a communist idea. All of it ought to be repealed. But the government and society are addicted to the redistribution of wealth.) – DO PASS

SB 426 Balyeat – Referendum for contingent property and income tax reductions based on surplus - (A bright idea-give the money back to the taxpayers when it is more than needed to fund the government. Now if we could just limit the government spending…) - DO PASS

SJ 28 Lake – Interim study resolution on performance-based funding for education (A sound idea.  Not sure why it needs to be studied before being implemented, but it’s a step in the right direction.  Sadly a study is sometimes a first and last step.) DO PASS

HB 375 Cook (R) – Reduce certain general fund transfers – (Appears to cut funding to some agencies by 10% but might be deceiving because there is no mandate to cut expenditures.)

HB 611 Cook – Generally revise use of accounts to implement House Bill No. 2

PAST VOTES

House – Wednesday, April 27, 2011

(Third Session)

HOUSE – 3 pm – 2nd Reading

SB 329 Zinke – Generally revise K-12 laws - (New language to create a method for transparency in school information and performance data.  Sets up a new procedure to redistribute oil and gas tax money to districts  that do not get such money, but are affected by that industry.) ALERT-COMPANION SPENDING BILL TO HB2 – DO NOT PASS

SB 312 Vincent – Revise metal mine laws

SB 136 Balyeat – Revise residency requirements for hunting – (Sensible bill allowing non-resident but MT born persons to buy hunting/fishing license at double residents’ price) – DO PASS

SB 35 Hamlett – Revise laws related to navigable river beds - (Grants overly broad powers to state-increases size and scope of government and increases taxes) DO NOT PASS

(Second Session)

HOUSE – 1 pm – 2nd Reading

HB 611 Cook – Generally revise use of accounts to implement House Bill No. 2

HB 316  Cook – Redistribute certain revenue and income-ALERT-KEY COMPANION BILL TO HB2-(classic bill to rob Peter to pay Paul rather than make the spending cuts the voters sent Republican legislators to make-robs from oiland gas, coal trust, bed tax, metal mines and all counties to pad the general fund with money to use for K-12 base) DO NOT PASS

SB 166 Balyeat – Revise income tax filing extension law – (There is an automatic 6 month extension of time to file a state tax return.  This would allow the filer to pay an owed tax of <$200 in this period without interest or penalty.) – DO PASS

SB 212 Ripley – Clarify FWP authority to manage wild buffalo or bison – (Protects public and private land and livestock from diseased bison – provides for public hearings before release or movement of bison onto public or private land) – DO PASS

(First Session)

HOUSE – 8 am – 2nd Reading

SJ 28 Lake – Interim study resolution on performance-based funding for education (A sound idea.  Not sure why it needs to be studied before being implemented, but it’s a step in the right direction.  Sadly a study is sometimes a first and last step.) DO PASS

SB 36 Hamlett (D) – Revise court costs and attorney fees in water cases – (Allows the district court to award costs or attorney fees incurred as a result of administrative proceedings) – NO RECOMMENDATION

SB 305  Jackson (R) – Revise energy policy – (A reasonable policy to use and develop the resources we have in the current technology, while promoting the use and development of the newer. Recognizes that we could be more independent if we would use our home resources.) - DO PASS

SB 279 Jackson – Allow legislative security personnel w/permit to carry weapon into Capitol - (This is a poor remnant of the original bill which was to allow for legislators with permits to carry weapons.  We have people who have great power over our lives and property, but they cannot be trusted to conduct themselves honorably while in possession of a weapon?) – DO PASS

HB 494  Edmunds – Revise laws relating to subdivision exemptions – (Protects property rights by not treating certain conveyances as “subdivisions.”) – DO PASS

SB 315 Ripley – Revise school law on standard of review for school board decisions – (Appears to better define termination and grievance procedures for school boards and superintendents, reducing the margin for procedural error and subsequent legal challenges) – DO PASS

HB 375 Cook – Reduce certain general fund transfers – (Appears to cut funding to some agencies by 10% but might be deceiving because there is no mandate to cut expenditures.) - NEEDS FURTHER STUDY

SB 372 Tutvedt – Lower business equipment tax — phase more reduction on state economic growth – (Taxing the means of producing wealth is a communist idea. All of it ought to be repealed. But the government and society are addicted to the redistribution of wealth.) – DO PASS

SB 426 Balyeat – Referendum for contingent property and income tax reductions based on surplus - (A bright idea-give the money back to the taxpayers when it is more than needed to fund the government. Now if we could just limit the government spending…) - DO PASS

HOUSE – 8 am – 3rd Reading

SJ 30 Windy Boy – Interim study of ways to reduce childhood trauma

HB 439 Hollenbaugh – General obligation bonds for state government – (more state debt for pork and state jobs to underwrite HB2 spending-we think this is not wise at this time) – DO NOT PASS

HB 526 Edmunds – Create interstate health care compact – DO PASS

SB 423 Essmann – Generally revise laws relating to use of marijuana – (This bill has multiple problems for freedom lovers. It fails first in acceding to the fed. govt’s claimed power to prohibit certain substances. Then it sets up a complex and far reaching process for the state government to interfere in free choice to provide for one’s own health and well-being. It “regulates, restricts, permits, and authorizes”. That is not American freedom. The provisions of Section 16, Forfeiture, are backward. Innocent until proven guilty is the right way, and no loss of property except upon conviction, after due process. Section 25 requires a formerly approved caregiver to surrender property. If anyone but government did that, it would be theft. The bill allows for sharing of information among the department employees. This is already abused. Remember, the role of government in America is to protect the people’s right to LIFE, LIBERTY AND PROPERTY. This bill fails the freedom and good government test.  All the problems in the current system should be addressed by punishing those who encroach on the rights of others.) – DO NOT PASS

SJ 27 Caferro – Interim study of waiver services for children with developmental disabilities

SJ 29 Hinkle – Request interim study of restorative justice – DO PASS

HB 2 McNutt – General Appropriations Act

HB 100 Vance – Require fiscal notes to include business impact – (The current system of fiscal notes for bills estimates how much the state will spend of our tax dollars to implement the bill.  There is no estimate of the cost of the regulatory burden placed on businesses by the bills introduced.  This could make a difference by highlighting the cost of government to the productive sector of the economy.) – DO PASS

HB 310 Blyton, J Clarify initiatives language – (Increases awareness of what a “Yes” or “No” vote on ballot issue actually means) – DO PASS

HB 533 Berry – Revise state coal leasing laws – (All sustenance for life on earth comes from the farm or mine.  Montana is rich in minerals, energy and food production.  This is a help to continue energy production and wealth production.) -  DO PASS

HB 612 Roberts – Generally revise state healthcare laws to implement House Bill No. 2 (Makes provision for lack of available funds. Welfare is great when money is plentiful; that is changing.) – DO PASS

HB 627 G Bennett (R) – Referendum to revise parental notice of abortion and judicial bypass (House version of SB 97) DO PASS

HJ 13 Hansen – Interim study of state income tax and sales tax – (The income tax is a communist tool. It ought to be abolished. This could be a good start. The resolution lacks principle, in that it does not even bring up the freedom and good government issues of tax policy. These issues need to be discussed. It can start here.) DO PASS

SB 265  Hamlett – Reduce property taxes on new construction for use of gray water systems- (At some level all tax reductions are good, but this is very narrow, preferential and limited.  We need less government and less taxes overall.) DO NOT PASS

HB 122 Malek – Provide for benefit and funding changes to public employees retirement system – (This looks like an effort to make the PERS more sound, by raising the retirement age, increasing the employee’s contributions, and raising the age for early retirement. The system is in fiscal difficulty, and they must address it to make it actuarily sound, as required by law.) – DO PASS

House – Tuesday, April 26, 2011

(Third Session)

HOUSE – 2 pm – 2nd Reading

HB 2 McNutt – General Appropriations Act

HB 100 Vance – Require fiscal notes to include business impact – (The current system of fiscal notes for bills estimates how much the state will spend of our tax dollars to implement the bill.  There is no estimate of the cost of the regulatory burden placed on businesses by the bills introduced.  This could make a difference by highlighting the cost of government to the productive sector of the economy.) – DO PASS

HB 310 Blyton, J Clarify initiatives language – (Increases awareness of what a “Yes” or “No” vote on ballot issue actually means) – DO PASS

HB 533 Berry – Revise state coal leasing laws – (All sustenance for life on earth comes from the farm or mine.  Montana is rich in minerals, energy and food production.  This is a help to continue energy production and wealth production.) -  DO PASS

HB 551 Flynn (R) – Revise state employee health insurance program to include high deductible plan – (High deductible health plans are true “insurance”, or protection against events which cannot be anticipated. Of the many benefits, one is to promote careful spending of one’s own money. It also encourages preventive health care. When matched with health savings accounts, the benefits are multiplied.) – DO PASS

SB 265  Hamlett – Reduce property taxes on new construction for use of gray water systems- (At some level all tax reductions are good, but this is very narrow, preferential and limited.  We need less government and less taxes overall.) DO NOT PASS

HB 612 Roberts – Generally revise state healthcare laws to implement House Bill No. 2 (Makes provision for lack of available funds. Welfare is great when money is plentiful; that is changing.) – DO PASS

HJ 13 Hansen – Interim study of state income tax and sales tax – (The income tax is a communist tool. It ought to be abolished. This could be a good start. The resolution lacks principle, in that it does not even bring up the freedom and good government issues of tax policy. These issues need to be discussed. It can start here.) DO PASS

HB 627 G Bennett (R) – Referendum to revise parental notice of abortion and judicial bypass (House version of SB 97) DO PASS

(Second Session)

HOUSE – 1 pm – 2nd Reading

HB 439 Hollenbaugh – General obligation bonds for state government – (more state debt for pork and state jobs to underwrite HB2 spending-we think this is not wise at this time) – DO NOT PASS

SB 94 Erickson – Revise waters edge provisions of corporation taxes – Amendment: SB 94-1, SB 94-2

SB 315 Ripley – Revise school law on standard of review for school board decisions – (Appears to better define termination and grievance procedures for school boards and superintendents, reducing the margin for procedural error and subsequent legal challenges) – DO PASS

SB 106 Priest – Compel participation in lawsuit on health care reform – (An assertion of the 10th Amendment.  Requires the MT Attorney General to join the Florida lawsuit against ObamaCare.) – DO PASS

SB 125 Wittich – Prohibit state gov’t from administering fed health insurance purchase reqmnt – (This is an important state’s reserved rights and individual rights issue.  In the struggle for freedom, this is a key battle.  Only those against liberty and personal responsibility are against this.) – DO PASS

SB 229 Sonju – Revise laws relating to state-tribal coop agreements act and PERS

SB 277 Moore – Revise duties of Dept of Livestock re federal beef promotion; beef check off - (Changes the dollar per head fee on all livestock sold to all cattle sold.  In a country based on freedom, the government would not collect money for a private group.)

SB 356 Hamlett – Clarifying definition of good cause for water right objections – (Seems to protect water right owners) – DO PASS

SB 366  Vincent (R) – Generally revise welfare laws – (Two simple features to foster more responsibility among welfare recipients: must complete the work required in the agreement, and no benefits within 30 days after voluntarily quitting a job without good cause.) - DO PASS

(First Session)

HOUSE – 9 am – 2nd Reading

SJ 27 Caferro – Interim study of waiver services for children with developmental disabilities

SJ 30 Windy Boy – Interim study of ways to reduce childhood trauma – Amendment:  SJ 30-1

HB 526 Edmunds – Create interstate health care compact – DO PASS

SJ 29 Hinkle – Request interim study of restorative justice – DO PASS

HB 122 Malek – Provide for benefit and funding changes to public employees retirement system

SB 423 Essmann – Generally revise laws relating to use of marijuana – (This bill has multiple problems for freedom lovers. It fails first in acceding to the fed. govt’s claimed power to prohibit certain substances. Then it sets up a complex and far reaching process for the state government to interfere in free choice to provide for one’s own health and well-being. It “regulates, restricts, permits, and authorizes”. That is not American freedom. The provisions of Section 16, Forfeiture, are backward. Innocent until proven guilty is the right way, and no loss of property except upon conviction, after due process. Section 25 requires a formerly approved caregiver to surrender property. If anyone but government did that, it would be theft. The bill allows for sharing of information among the department employees. This is already abused. Remember, the role of government in America is to protect the people’s right to LIFE, LIBERTY AND PROPERTY. This bill fails the freedom and good government test.  All the problems in the current system should be addressed by punishing those who encroach on the rights of others.) – DO NOT PASS

(Second Session)

HOUSE – 1 pm – 2nd Reading

House – Wednesday, April 20, 2011

(Second Session)

HOUSE – 1 pm – 2nd Reading

HB 59 Belcourt – Revise renewable portfolio standard to include hydropower expansions – (Water power is by definition “renewable”) – DO PASS

HB 165 Hollandsworth – Deposit certain trust land and river bed income to guarantee account – (Deposits school trust lands proceeds in the guarantee account instead of the school facility and technology account) – DO PASS

HB 621 Ankney – Revise aquatic invasive species laws and provide appropriation

SB 11 Erickson, R Reduce withholding tax rate for lottery winnings - (That the state is in the gambling business speaks volumes about our political situation-matches state lottery winnings with holdings to state max. tax rate.   No sense in the state holding the winners’ money until tax refund time) – DO PASS

(First Session)

HOUSE – 8 am – 2nd Reading

SB 199 Balyeat  (R) – Revise administration of income taxes and certain penalty & interest provisions - (A little taxpayer relief in the form of reducing late payment penalties for many taxes) – DO PASS

SB 292  Olson (R) – Regulate underground coal gasification – (Looks like this allows a certain amount of water pollution, but only if it is confined to the site.) – DO PASS

SB 406 Essmann – Central assessment mediation instead of dispute review or tax appeal board- (Property of companies such as coal mines, airlines, railroads, and power utilities are centrally assessed. This gives them a mediation process, or an appeal in district court, rather than just a review by the government that does the taxing. Looks like a relief for businesses.) DO PASS

SJ 26 Lewis – Study resolution for interim monitoring activities recommended by Joint Subcomm- (The legislature is not in session most of the time, and this is one more attempt to monitor and control what it is the agencies are doing with their mandates.) DO PASS

HB 13 Hiner – State employee pay plan – (Begins with a 1 then 3% pay increase. Many in the private sector are dealing with drastic pay decreases. Only the gov’t. can guarantee its money, since it takes it by force. This is not a good time to be appropriating pay increases.) DO NOT PASS

HB 59 Belcourt – Revise renewable portfolio standard to include hydropower expansions – (Water power is by definition “renewable”) – DO PASS

SB 348 Barrett – Revise funding for wolf management – (The state should pay for the management of the State’s wolves.) -  DO PASS

SB 97 Shockley – Revise parental notice of abortion and judicial bypass – (Requires parental notification of abortion for child 18 or under.  The problem is that this approach condones killing of the unborn, you just have to give notice.  This is not right.) – DO PASS

(First Session)

HOUSE – 8 am – 3rd Reading

SJ 23 Essmann – Interim study on exemption of nonprofits from property taxes - (All property taxes need to be revised to prevent loss of property  to those who own it.) – DO NOT PASS

HB 140 Hiner – Transfer funds from the economic development special revenue account - DO NOT PASS

HB 159 C Smith – Restrict authority of FWP to regulate ammo or firearms for hunting – (FWP assumes it has authority to do anything the Legislature has not very specifically forbidden under the very general authority of managing wildlife. This bill would clarify that FWP has no authority to regulate ammunition type without advance approval by the Legislature.) – DO PASS

HB 186 Hunter – Continue allocation to Worksafe Montana thru assessment on work comp insurer – (It is not the proper role of government to take care of people. It is especially wrong to forcibly take another’s money to do it.) - DO NOT PASS

HB 209 Washburn – Revise maintenance laws for FWP land to prioritize funds for WMAs (another money transfer for HB2 funding) DO NOT PASS

HB 283 Bangerter – Allow gender to be considered in certain insurance coverage - DO PASS

HB 317 Cook – Sunset statutory appropriations over certain periods - (Provides end dates for certain “automatic” state spending, after which the Legislature would have to approve any further spending.  A long overdue move toward fiscal responsibility.  We are not so wealthy that we can put spending on “automatic”.) – DO PASS

HB 370 Squires – Increase motor vehicle fee for state parks and Virginia & Nevada Cities – DO NOT PASS

HB 372  Washburn – Clarify preference system laws for nonresident permits and licenses – (Many people who do not have the benefit of living in Montana want to hunt here.  There are more who want to hunt than available licenses.  This is a method of providing those limited licenses to those who are eager to hunt here.  It also is a method of securing clients for outfitters who provide a valuable service.) – DO PASS

HB 518 Hunter – Create a mental health care advance directive – (some tricky issues here with potential for abuse) - NEEDS FURTHER STUDY

HB 565 Noonan – Clarify requirements for providing services to high-risk children – new rules, new services, more welfare state) – DO NOT PASS

HB 593 Ankney – Revising clean air act mercury rules – (conforms Montana’s limits to lower federal limits) – DO PASS

HB 615 Williams – Advance cancer research and treatment - (In the American system, the role of government is to protect rights, not interfere in private business and decide how they provide value to customers.  Cancer is big business and what we need is more free choice in health care, not more government interference.  It is not the right of government to “do things for people”.  If the people are poorly informed, there are free market remedies for that.) DO NOT PASS

HB 622 Ankney (R) Revising funding for livestock mitigation and control of predatory animals (more money to kill wolves and pay for the damage they cause – why not save money by declaring open season?) – DO NOT PASS

HB 638 Howard (R) – Referendum to require proof of citizenship to receive state service (If you do not build a free service environment for illegal aliens, they will not come – requires approval by electorate) - DO PASS

SB 126 Larsen – Revise fees & licensing for plant nurseries & vendors; revise D of Ag inspection - (Makes businesses pay hourly rates for the inspection, but sets no upper limit on billing.  This was pushed by nurseries to limit competition, and does not protect or encourage food and plant production.  We thought Senator Taylor Brown stood for LESS government and lower taxes) – DO NOT PASS

SB 338 Arthun – Revise laws regarding certain officials and public service announcements - (Prohibits public funds for PSAs with the government official’s name, picture or voice in most cases. Curtails using public money for increasing a person’s notoriety.) – DO PASS

House – Tuesday, April 19, 2011

(Second Session)

HOUSE – 1 pm – 2nd Reading

SB 126 Larsen – Revise fees & licensing for plant nurseries & vendors; revise D of Ag inspection - (Makes businesses pay hourly rates for the inspection, but sets no upper limit on billing.  This was pushed by nurseries to limit competition, and does not protect or encourage food and plant production.  We thought Senator Taylor Brown stood for LESS government and lower taxes) – DO NOT PASS

HB 593 Ankney – Revising clean air act mercury rules – (conforms Montana’s limits to lower federal limits) – DO PASS

HB 338 Esp (R) – Revise the document standards law – (Some house cleaning, some elimination of fussiness, some minor increase in fees which will be left in local coffers) – DO PASS

HB 565 Noonan – Clarify requirements for providing services to high-risk children – new rules, new services, more welfare state) – DO NOT PASS

HOUSE – 8 am – 2nd Reading

HB 439 Hollenbaugh – General obligation bonds for state government – Amendment: HB 439-1 – (more state debt for pork and state jobs to underwrite HB2 spending-we think this is not wise at this time) – DO NOT PASS

HB 140 Hiner – Transfer funds from the economic development special revenue account-DO NOT PASS

HB 370 Squires – Increase motor vehicle fee for state parks and Virginia & Nevada Cities – DO NOT PASS

HB 159 C Smith – Restrict authority of FWP to regulate ammo or firearms for hunting – (FWP assumes it has authority to do anything the Legislature has not very specifically forbidden under the very general authority of managing wildlife. This bill would clarify that FWP has no authority to regulate ammunition type without advance approval by the Legislature.) – DO PASS

HB 186 Hunter – Continue allocation to Worksafe Montana thru assessment on work comp insurer – (It is not the proper role of government to take care of people. It is especially wrong to forcibly take another’s money to do it.) - DO NOT PASS

HB 209 Washburn – Revise maintenance laws for FWP land to prioritize funds for WMAs (another money transfer for HB2 funding) DO NOT PASS

HB 283 Bangerter – Allow gender to be considered in certain insurance coverage-DO PASS

HB 317 Cook – Sunset statutory appropriations over certain periods - (Provides end dates for certain “automatic” state spending, after which the Legislature would have to approve any further spending.  A long overdue move toward fiscal responsibility.  We are not so wealthy that we can put spending on “automatic”.) – DO PASS

HB 518 Hunter – Create a mental health care advance directive – (some tricky issues here with potential for abuse) - NEEDS FURTHER STUDY

HB 615 Williams – Advance cancer research and treatment - (In the American system, the role of government is to protect rights, not interfere in private business and decide how they provide value to customers.  Cancer is big business and what we need is more free choice in health care, not more government interference.  It is not the right of government to “do things for people”.  If the people are poorly informed, there are free market remedies for that.) DO NOT PASS

HB 622 Ankney (R) Revising funding for livestock mitigation and control of predatory animals (more money to kill wolves and pay for the damage they cause – why not save money by declaring open season?) – DO NOT PASS

HB 638 Howard (R) – Referendum to require proof of citizenship to receive state service (If you do not build a free service environment for illegal aliens, they will not come – requires approval by electorate) - DO PASS

HB 372  Washburn – Clarify preference system laws for nonresident permits and licenses – (Many people who do not have the benefit of living in Montana want to hunt here.  There are more who want to hunt than available licenses.  This is a method of providing those limited licenses to those who are eager to hunt here.  It also is a method of securing clients for outfitters who provide a valuable service.) – DO PASS

HB 416 Klock (R) – Provide for confidentiality for medical practices quality assurance – (Provides for appropriate privacy protections) – DO PASS

HOUSE – 8 am – 3rd Reading

HB 106 Lavin – Provide for a 24/7 sobriety project for impaired driving offenders – (Unnecessary and redundant -why don’t we enforce the laws already on the books?) – DO NOT PASS

HB 111 Stahl – Improving tax administration by depositing state agency lodging tax in gen fund (more robbing Peter to pay Paul-funds for HB2) DO NOT PASS

HB 152 Washburn – Revise proof of residency and identity requirements for voting (companion bill to HB91) NEEDS FURTHER REVIEW

HB 167 Regier – Criminalize offense involving death to an unborn child – DO PASS

HB 172 Washburn – Revise laws related to hunting of grizzly bears

HB 249 Fitzpatrick – Limit shareholder liability for corporation’s acts and debts-DO PASS

HB 265 Vance – Prohibit insurer from disregarding cost item identified by estimating system – DO PASS

HB 405 Taylor (R) – Medical malpractice reform – (a step in the right direction) – DO PASS

HB 408 C Smith – Provide for timely filing and resolution of claims in medical liability cases

HB 414 Harris (R) – Provide for federal mandate accountability – (Provides for consideration of whether a federal mandates encroaches upon Montana’s sovereign rights under 10th Amendment of U.S. Constitution) – DO PASS

HB 460 K Peterson – Revise unit ownership act affecting townhouses

HB 530 Washburn (R) – Allow counties to prepare mail ballots before election day – (Make sure a poll watcher MUST be present when the ballot envelopes are transferred to the ballot box) – DO PASS

HB 543 Fitzpatrick (R) – Revise law on administrative rules adopted by reference – (Dangerous bill-simply makes it easier to codify federal regulation into Montana law. Gov’t. officials do not ever reduce their power, agency size or influence. This just makes the avalanche of rules and words so much worse) - DO NOT PASS

HJ 33 MacLaren – Interim study on state health insurance exchange- (There is no constitutional allowance for the government to be in the  health or insurance business.  What is needed is a study of what the few powers and duties of government are in a free society.) DO NOT PASS

HJ 37 Warburton – Study relations between FWP and landowners

SB 153 Jent – Revise guardian ad litem laws to allow judges’ discretion in appointed counsel - (It is good for a party to have counsel in legal proceedings. However, there are no “counselors” in legal proceedings these days. We have lawyers, and attorneys, but not counsel. A counselor is a specially trained lawyer who advises and manages a legal case. An attorney speaks for another and acts in his place. What a child needs is an advocate, or an attorney. This bill is born of confusion.)

SB 221 Gillan – Provide waiver for accountable care organizations in HMO laws – (When you live in a controlled society, and there is almost no freedom of business or personal initiative, the functionaries directing the process will endlessly change the rules. This is one such change. Vote NO.) - DO NOT PASS

SB 414 Vincent – Provide for control of wolves-DO PASS

House – Monday, April 18, 2011

(First Session)

HOUSE – 2 pm – 2nd Reading

HB 106 Lavin – Provide for a 24/7 sobriety project for impaired driving offenders – (Unnecessary and redundant -why don’t we enforce the laws already on the books?) – DO NOT PASS

HB 167 Regier – Criminalize offense involving death to an unborn child – DO PASS

HB 249 Fitzpatrick – Limit shareholder liability for corporation’s acts and debts

HB 265 Vance – Prohibit insurer from disregarding cost item identified by estimating system – DO PASS

HB 405 Taylor (R) – Medical malpractice reform – (a step in the right direction) – DO PASS

HB 543 Fitzpatrick (R) – Revise law on administrative rules adopted by reference – (Dangerous bill-simply makes it easier to codify federal regulation into Montana law. Gov’t. officials do not ever reduce their power, agency size or influence. This just makes the avalanche of rules and words so much worse) - DO NOT PASS

HB 152 Washburn – Revise proof of residency and identity requirements for voting

HB 172 Washburn – Revise laws related to hunting of grizzly bears

HB 408 C Smith – Provide for timely filing and resolution of claims in medical liability cases

HB 414 Harris (R) – Provide for federal mandate accountability – (Provides for consideration of whether a federal mandates encroaches upon Montana’s sovereign rights under 10th Amendment of U.S. Constitution) – DO PASS

HB 530 Washburn (R) – Allow counties to prepare mail ballots before election day – (Make sure a poll watcher MUST be present when the ballot envelopes are transferred to the ballot box) – DO PASS

HJ 33 MacLaren – Interim study on state health insurance exchange- (There is no constitutional allowance for the government to be in the  health or insurance business.  What is needed is a study of what the few powers and duties of government are in a free society.) DO NOT PASS

SB 414 Vincent – Provide for control of wolves

HOUSE – 2 pm – 3rd Reading

HB 4 Mehlhoff – Appropriations by budget amendment – (Astonishing amounts and categories of federal pork.  “Spend away, they can – and will – always print more.”) -  DO NOT PASS

HB 5 Sesso – Long-range building appropriations – (Moves money around for a host of projects, one of which is a 28.5 million dollar cleanup of the KRY site – MT will pay 6 million of it.  The site has been studied for over 25 years – doesn’t seem like a looming disaster – parts of this bill may be appropriate, others are not – in need of revision.) – DO NOT PASS

HB 6 McChesney (D) – Renewable resource grants – (Puzzler – first cut 300k from irrigation grants & a state water plan increasing $ available to 6,260,000. Then lists over 10 million $ worth of projects to be completed, some look a lot like pork) - NEEDS MORE STUDY

HB 7 Belcourt – Reclamation and development grants – (A few good and necessary cleanup projects are included in a mass of free spending and money giveaways.) -  DO NOT PASS

HB 9 Hollenbaugh (D) – Cultural and aesthetic grants – (some very small cuts to projects the government shouldn’t be involved in anyway) – DO NOT PASS

HB 10 Hollenbaugh (D) – Long-range information technology appropriations – (Cuts $6mil in tech funds to Dept. of Revenue, Supreme Court & Child & Adult Protective Services. Someone must have found cheaper hardware and programs.) – DO PASS

HB 29 McNiven –  Expand criteria for extraordinary event exceptions to uses of credit information (This bill allows military deployment as a reason for special consideration in credit reporting. Drops divorce exception and adds military deployment) – NO RECOMMENDATION

HB 43 MacLaren (R) – Clarifying employer’s rights related to employee use of medical marijuana – (gives employers “weed control” powers) – DO PASS

HB 47 K Peterson – Allow free fishing on Father’s Day weekend

HB 132 Hoven – Improve, clarify, and make property tax administration more effective – (This bill provides that when the Dept. of Revenue uses a combined value method for appraisals, the value of the appraisal shall be a combined value.  This is an agency bill.  A government agency is not known to ever decrease its size, scope, power or influence.) – NO RECOMMENDATION

HB 133 Salomon (R) – Provide for court orders, fines, liens for noncompliance with noxious weed laws – (Noxious weed are an increasing problem in all of Montana, and weed propagation is a threat to adjacent landowners.  Many landowners do not care that their weeds are like wildfire-an immanent threat.  bill has been heavily amended to remove the objectionable parts, such as a lien on “all” the land belonging to the affected land owner.  This bill protects property owners from the encroachments of negligent neighbors.) - DO PASS

HB 258 Edmunds (R) Revise definition of guest ranch - (If it lessens the regulatory burden on guest ranches serving day visitors, it’s a good thing.) – DO PASS

HB 262 Sands – Extend requirement for emergency medical service grant program – (This grant program is supposed to sunset June, 2011.  Let’s not raid the General Fund, either.) – DO NOT PASS

HB 296 Sesso – Authorize the construction of the Southwest Montana Veterans’ Home in Butte (14mil$ campus/cottage home – 5 from MT 9 from Feds – 300k per year plus operating expenses – no discussion of why it might be needed now) - DO NOT PASS

HB 297 Berry – Extend time frames to preserve historic right of way for state lands

HB 351 Cook – Treasure state endowment appropriations and transfers to the general fund - (This is a good time to be recognizing the nearly free fall of the value of the dollar.  is best exchanged for real things of value and infrastructure that will provide for food and energy security for Montanans.  This may be too much to ask of the blind legislators.)

HB 366 Rosendale – Revise county interim zoning law – (Expands protection for property owners) – DO PASS

HB 439 Hollenbaugh – General obligation bonds for state government-(more state debt for pork and state jobs to underwrite HB2 spending-we think this is not wise at this time) DO NOT PASS

HB 495 Cook – Revise statutory appropriations and local government entitlement share payments – DO PASS

HB 525 McNiven (R) – Revise business and professional licensing laws to provide termination review – (Looks like an opportunity to reduce red tape for business) – DO PASS

HB 587 McNutt – Provide option for associate water court judge – (adds another state employee and creates another board) - DO NOT PASS

HB 613 Roberts – Generally revise elements of the budget process to implement House Bill No. 2 – (Void if HB 2 does not pass. No cuts for the School for Deaf and Blind.  Reports by office of public defender required by Sept.30.  Ensures state funds for child care equivalent to federal TANF funds in the 2013 biennium.  Revises priorities for remediation of leaking fuel storage tanks.)

HB 619 Ankney – Generally revise FWP laws to implement HB2 - DO PASS

SB 132 Essmann – Allow audiologist to sell hearing aid without hearing aid dispenser license-(Lets get rid of trade and vendor licenses-period.  They are just a tax.) DO PASS

SB 143 Barrett – Revise state grizzly bear policy-(rather than grow government, lets lower grizzly numbers) - DO NOT PASS

SB 198 Balyeat – Revise fiscal note law – (Laws passed do affect behavior, and this would require the fiscal note preparer to evaluate this possibility, and account for it.) – DO PASS

SB 225 Priest – Revise laws governing qualifying small power production facility purchases – DO PASS

SB 303 Brenden – Generally revise state land laws – DO PASS

SB 354 Jent – Provide for Uniform Unsworn Foreign Declarations Act

SJ 15 Tutvedt – Study resolution on bonding requirement for ag commodities and grain industry – NO RECOMMENDATION

SJ 17 Tutvedt – Interim study of valuing centrally assessed property for tax purposes

SJ 18 Gillan – Interim study on health care workforce development initiatives – (If done right-this could prove useful.  Focus should be on state and regional needs with state and regional solutions – NOT FEDERAL SOLUTIONS DRIVEN BY OBAMACARE.  Keep in mind-Obamacare is funding this study) – DO PASS

SJ 20 Wittich – Study resolution on implementation of privatization of Medicaid administration – DO PASS

SJ 21 J Peterson – Study of eminent domain and just compensation for property – DO PASS

SB 294 Buttrey (R) – Revise workforce training grant program – (Provides for payment of 75% of weekly average rate or 150% of minimum wage when a grant is given for workforce training. Old standard was to meet or exceed the weekly rate of the county of employment. Reflects the new economic reality) - DO PASS

SB 351 Ripley – Revise laws governing managed care – (mixed bag-some parts over reach-some good-needs revision) – NEEDS FURTHER STUDY

(Second Session)

HOUSE – 3 pm – 2nd Reading

SB 221 Gillan – Provide waiver for accountable care organizations in HMO laws – (When you live in a controlled society, and there is almost no freedom of business or personal initiative, the functionaries directing the process will endlessly change the rules. This is one such change. Vote NO.) - DO NOT PASS

HB 111 Stahl – Improving tax administration by depositing state agency lodging tax in gen fund

SB 156 Windy Boy – Revise tribal use of TANF maintenance of effort funds

HB 460 K Peterson – Revise unit ownership act affecting townhouses

HJ 37 Warburton – Study relations between FWP and landowners

SB 94 Erickson – Revise waters edge provisions of corporation taxes – Amendment: SB 94-1

SJ 23 Essmann – Interim study on exemption of nonprofits from property taxes - (All property taxes need to be revised to prevent loss of property  to those who own it.) – Amendment: SJ 23-1 – DO NOT PASS

SB 153 Jent (D) – Revise guardian ad litem laws to allow judges’ discretion in appointed counsel - (It is good for a party to have counsel in legal proceedings. However, there are no “counselors” in legal proceedings these days. We have lawyers, and attorneys, but not counsel. A counselor is a specially trained lawyer who advises and manages a legal case. An attorney speaks for another and acts in his place. What a child needs is an advocate, or an attorney. This bill is born of confusion.)