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April13,2007

Alert Network updates

It was another week of big issues and a frantic pace. When it gets down to the wire, the bills that have been lying in committees can move very quickly from committee to floor. Sometimes they move so fast they get ahead of the plan. Unfortunately, that happened with our Adoption services bill, HB 713. It was held up in committee and we were planning a blast this week. It went to the floor for the blast vote on Monday and we fell one vote short of getting it out of committee. It was disappointing. Unfortunately, when it got to the floor, the committee chair spoke against it claiming it was an improper use of state funding, even though no state funds would be used. Members of the Senate followed his lead and voted against it. Several legislators talked to me afterwards and want to work with us to fashion a bill for the next session. It was a good effort and we can utilize our successes this year to fashion a new piece of legislation for 2009.

Another signature bill for us this session, SB 306, the act to abolish the death penalty in Montana, also went down. Our coalition mounted one last charge by bringing George White, a man who was wrongly accused of murder and later exonerated, into the state for a speaking tour. He spoke in Billings, Bozeman, and Helena, culminating the tour with a 4-hour session of working the halls at the Capitol on Wednesday.

Thursday morning we attempted to change the committee vote in House Judiciary Committee, but came up short with exactly the same vote as before, 9-8. Rep. Julie French then tried a blast motion on the House floor to bring the bill out of committee and to the floor for a full debate. She noted that a bill of this magnitude, which deals with taking the life of another human being, should be debated by the entire House and not be decided by a committee of 17 Representatives, (actually decided by 9 Representatives which is how many it took to tie the bill up in committee). Representative Diane Rice, Chair of the Judiciary Committee, stood up and opposed the motion, noting we don’t need to abolish the death penalty since that the state does not use the death penalty often, and, in fact, has not convicted anyone of a capital crime since 1995. That is true, however a capital case for two men is currently active in Bozeman. That trial is expected to cost the taxpayers of Gallatin County over $750,000. Then, if the men are convicted, the appeals will cost the taxpayers of Montana another million or so. If what she said is true, that we don’t need to abolish the death penalty since we don’t use it anymore, then why pay the couple million to pursue a death penalty in Bozeman? Would $750,000 of Gallatin County taxpayer money be better spent on hiring more police? Would that be more of a public safety measure?

We didn’t get the votes to pass the bill, however if you look at it in another way, we were only one vote short. If one vote would have moved in committee, the fifty-one votes on the floor would have passed the bill and sent it to the Governor. We got it through the Senate for the first time ever and were one vote from getting it to the entire House for a debate that we may have won. Abolition efforts in neighboring states also lost by one vote. We are close and we can win this battle in one of the next legislative sessions. Thank you for all the prayers and support on this issue.

The other big issue this week in the Senate is working the major budget bills. They expect to finish them up Friday. The bills will then go back to the House for concurrence with amendments or on to conference committees.

Two bills still need your support, HB 490, our Adoption Tax Credit bill and HB 746, Allow tax credit for capital construction donations to tax-exempt organizations. Please contact your Senator and urge them to pass these very important bills.

We have added a new feature in this weeks update. Those bills that have been changed have been colored blue. Those with no change will continue as black.

2007 Legislative Priorities
of the Montana Catholic Conference
The Montana Catholic Conference evaluates its legislative priorities in relation to the rich tradition of Catholic social teaching.
PURSUING SOCIAL JUSTICE
“[They will say], ‘Lord, when did we see you hungry and feed you, or thirsty and give you drink? When did we see you a stranger and welcome you, or naked and clothe you? When did we see you ill or in prison, and visit you?’ And the king will say to them in reply, ‘Amen, I say to you, whatever you did for one of these least brothers of mine, you did for me.’” Matthew 25:37-40
Our faith reflects God’s special concern for the poor and vulnerable and calls us to make their needs our first priority in public life. Economic decisions and institutions must be assessed on whether they protect or undermine the dignity of the human person.
HEALTH INSURANCE/HEALTH CARE:
SB 22 Expand CHIP eligibility to 175% of fed poverty level. This bill is in the House Appropriations Committee. Executive action has been delayed due to a concern that the Senate will put more money back into children’s health coverage.
SB 421 SCHIP coverage for pregnant women did not make transmittal and is considered dead.
HB 387 Increase CHIP eligibility level from 150% to 200% of poverty level. This bill was tabled in committee and missed transmittal. A motion was made to take it out of committee to a vote on the floor. It did not get the 60 votes to bring it to the floor.
HB 198 Increase CHIP Dental Benefit. This is a great bill sponsored by Rep. Bill Jones from Bigfork. He worked hard on it and we are pleased that this bill was signed into law.
HB 406 Montana Community Health Center support act. This bill provides state funds to create new Community Health Centers and expand dental and mental health services in existing Centers. It was heard in Senate Finance and Claims on 4/10/07 and is waiting for executive action.
MENTAL HEALTH
HB 365 Fund suicide prevention. This important bill addresses the largest cause of death in young people. A hearing was held on 2-6. It stayed there for nearly two months before it was tabled on a party line vote on 3/30/07 and missed transmittal deadline.
POVERTY/HOUSING/FOOD/ENERGY
HB 575 Revise TANF (Temporary Assistance for Needy Families) laws. This bill was tabled in committee and missed transmittal deadline.
HB 410 Create task force on reducing poverty in Montana was tabled in committee so it is dead.
SB 264 to Provide for low income rates for local government utilities passed the Senate 28-22, but was tabled in House Local Government 3/30/07.
HB 516 Fund affordable housing revolving loan act. This bill was tabled in House Appropriations and missed transmittal.
HB 391 Use of food stamps at farmers markets was tabled in committee. It missed the transmittal deadline and is dead.
HB 396 allowing WIC vouchers to be used at farmers markets was also tabled in committee, missed the transmittal deadline and is dead.
TITLE LOANS
HB 29 A bill to revise laws on Title and Pay Day loans by Representative John Parker. This bill has been heard, but has run into major problems. This bill was tabled in committee, missed the transmittal deadline and is dead.
CORRECTIONS
HB 475 Fund training opportunities at women’s prison was heard in House Appropriations on 2/12/07. It was one of those that was subject to the wholesale tabling of bills on the 20th. It has now missed transmittal for Appropriations bills and is dead.
HB 452 Achievement Credit Bill. The purpose of this bill is to allow for credits to reduce sentence restrictions for parolees, who on their own, go to school or learn a trade. This bill was amended in the Senate to change the onus of the responsibility of parole reduction to the Board of Pardons and Parole as opposed to the Department of Corrections. It has completed Enrolling and is on the way to the Governor’s office.
HB 698 Revise laws for transition money for released inmates. This bill would have provided increased amounts of gate money to help released inmates get started on the streets. This was a good bill and we supported it. Unfortunately, it was tabled in committee. I believe the decision was short sighted, but it missed the transmittal deadline and is dead.
DRUG TREATMENT AND DRUG COURTS
Increasing drug treatment and mental health treatment in and out of our prisons is extremely important to our criminal justice system and public safety. Drug courts are a very affective means of working with those convicted of non-violent drug offenses. Success has been very high in these courts.
HB 78 Fund and administer drug treatment courts. This bill requests $2,000,000 to fund drug courts in Montana. This is one of two nearly identical bills from opposite sides of the aisle. This bill, the Democrat version, was tabled in House Appropriations 3/29/07 and missed transmittal.
HB 472 Appropriate funding of Drug Courts. This bill, the Republican version, requests $2 million to fund Drug Courts in the state for the next biennium. This bill was tabled in House Appropriations 3/29/07 and missed transmittal.
These efforts are very important to the future of safe communities and controlling costs in our Corrections system. Treatment and keeping non-violent offenders in the communities and in their jobs has a much greater success rate than locking them up in prisons. We support these efforts as a benefit for the common good.
Both bills were tabled in House Appropriations, but funding was restored in Senate Finance and Claims as this committee added funding to HB 819 which funds the Judiciary Branch. Funding has actually been increased in the Senate.
IMMIGRATION
SB 258 Deny licenses and license renewal to illegal aliens. This bill states that you have to prove you have a valid SSN to get a state license for construction or other business enterprises. The bill was amended in the House and returned to the Senate for concurrence with amendments.
SB 346 Prohibiting certain contracts with illegal aliens. This bill was passed to the House and assigned to House Judiciary. It was tabled in House Judiciary 3/27/07. It was later reconsidered in committee and will be heard on the House floor sometime soon.
SB260 Felony for illegal alien to register to vote. This bill was held up in the Senate with a motion to indefinitely postpone the floor vote. It did not make transmittal and is therefore dead.
HB 185 Injunction and license revocation procedures for hiring illegal aliens. This bill was tabled in House Judiciary, but was resurrected and passed out of the House. It was tabled 3/30/07 in State Administration.
PROTECTING HUMAN LIFE
“We must begin with a commitment never to intentionally kill, or collude in the killing, of any innocent human life, no matter how broken, unformed, disabled or desperate that life may seem.” USCCB, Living the Gospel of Life
ABORTION
SB 500 Remove prohibition of CHIP insurance for contraception. This bill failed third reading with a tie vote 25-25. It missed transmittal and is dead.
LC1048 Eliminate liability limits for abortion services for minors. This did not get out of draft so it is dead.
HB 403 Constitutionally recognize life begins at conception. This bill, sponsored by Rick Jore, required a constitutional amendment. Passage in our state houses would have put it on the ballot in the next election cycle. An amendment was added in the committee saying it did not protect life if associated with the death penalty. The amendment confused the issue at best. It was removed on the House floor, but caused enough confusion to affect the vote. It was defeated in the House.
LC1582 Ban embryonic stem cell research. This draft has been put on hold at the request of the sponsor. It will not come up this session.
LC1607 Encourage federal funding for stem cell research was ready for delivery, but was not picked up so it cannot be introduced this session.
HB 321 Parental consent or judicial bypass for abortions. This bill passed the House and has been transmitted to the Senate. The sponsor believes this bill with the judicial bypass option will prove to be constitutional. It was tabled in Public Health, Welfare, and Safety on 4/2/07. A blast motion is expected next week.
HB 215 Ban human cloning research. This bill has been referred to the Public Health, Welfare and Safety Committee, and then was re-referred to the Senate Judiciary. It was heard on Wednesday March 28th. Unfortunately an amendment was promised on the bill prior to transmittal to the Senate. but it was not available at the hearing in Senate Judiciary. This caused some concern and confusion, and the bill was tabled in committee late Friday night 3/30/07. A blast motion to bring it to the floor for full debate failed.
CAPITAL PUNISHMENT
SB 306 An act to eliminate the death penalty and replace it with life in prison without the possibility of parole. We made a final move to get this bill out of committee and to the floor. The bill failed to reach the floor and is dead for this session.

HB 697 Study Bill for the use of the Death Penalty in Montana. This bill was tabled in House Appropriations Committee this week. It missed transmittal and is dead.
PROMOTING FAMILY LIFE
“As the family goes, so goes the nation and so goes the whole world in which we live.” Pope John Paul II
ADOPTION/FOSTER CARE
HB 490 Adoption tax credit. This act will correct the inadvertent tax penalty that occurs in Montana if adoptive parents use the tax credit offered by the federal government. It was heard in Senate Taxation, executive action has been taken and it is on its way to the Senate floor next week.
HB 713 Revise post-adoption services. This bill corrects a law that forbids private agencies from providing post-adoptive services to birth mothers. Agencies currently cannot help birth mothers with fees for GED, books, tuition, or other educational expenses. They cannot hire them, even part time, or provide for other needs they may have as they heal and try to get back on their feet. This bill corrects those issues. It passed the House and was heard in Senate Public Health, Welfare and Safety Monday, March 19th. The committee tabled the bill on Friday night, March 30th. A blast motion on Monday, April 9th failed 25-25, so it is dead. It is a good bill and we will concentrate efforts on education and will bring a similar bill to the next legislative session.

FAMILY
HB 638 Fund family planning. This bill was heard in House Appropriations, Friday March 16th. It was tabled in Committee. The funding was restored with an amendment of HB 820 the budget bill for Health and Human Services in the Senate on Thursday, April 12. The next action will be in conference committee.
HB 312 Amend the constitution to establish a parental bill of rights, introduced by Representative Michael Lange, R, Billings. It passed the House 51-49. Since it is a constitutional amendment it needs 2/3 of the combined House and Senate. It therefore needs 49 votes out of a possible 50 in the Senate to pass. The bill was tabled in Senate Judiciary Committee.
HB 118 Revise law on dispensing contraceptives. This bill passed the House and the Senate and has been signed into law.
HB 612 Create responsible sexual health program was tabled in committee.
SEXUAL ORIENTATION
LC1115 Establish Domestic partnerships This bill was not introduced and did not meet the submission deadline for this session.
SB 371 Include sexual orientation and gender identity in certain laws was tabled in committee, missed transmittal and is dead.
SB 454 Include sexual orientation in hate crimes law. This bill was tabled in committee, missed transmittal and is dead.
Pursuit of the Common Good
In order for all of us to have an opportunity to grow and develop fully, a certain social fabric must exist within society. This is the common good. Numerous social conditions – economic, political, material, and cultural – impact our ability to realize our human dignity and reach our full potential.
RURAL LIFE/ECONOMIC DEVELOPMENT
HB 451 Small town renewal program. This bill is another victim of the wholesale tabling in House Appropriations. It is a good bill that supports our rural communities. It missed transmittal and is dead.
CATHOLIC HOSPITALS
SB 118 Eliminate sunset for hospital bed tax. This bill could have a major impact on our Catholic Hospitals and other community hospitals in the state. It passed the Senate and was amended in the House with one of the “contingent voidness” amendments or “Poison Pills” proposed by Republican House Leadership. Some hospitals could loose over $1,000,000 in federal reimbursement for underpayments from Medicaid.
The bill, as amended, was debated on the Senate floor Tuesday April 10th and the contingent voidness clause was rejected. It has therefore been assigned to conference committee. Senators on the committee are John Cobb (the primary bill sponsor), David Wanzenried, and Jesse Laslovich.
OTHER/CHURCH/NON PROFITS
HB 746 Allow tax credit for capital construction donations to tax-exempt organizations. This bill will help churches as they work on their capital campaigns. It allows for a 12% state tax credit for donations to capital campaigns for a two-year period of time. The issue has been up and down all session and in a couple of bills. This is the only one left and has been through a long, arduous journey. It was heard in House Appropriations, tabled, then revived and amended and passed to the Senate. It was heard in Senate Taxation on Thursday, April 12th. We expect executive action to occur soon, and we expect a positive outcome. This is a great bill. It is of great benefit to our churches and will encourage participation in capital campaigns. We urge you to contact your Senator and urge a Do Concur when they debate it on the floor.

Alerts for Week of April 16-20

No committee meetings are scheduled for this week. Conference committees will begin meeting. Some other meetings may be held.

Events of interest for Week of April 16-20

Monday, April 16th from noon to 1:00 pm, a group of Native American dancers and drummers will be entertaining in the Capitol Rotunda.

CONTACT INFORMATION

Who is my legislator? Call 1-406-444-4800

Legislative Messages: 1-406-444-4800

Senate mailing address:
Senator name
PO Box 200500
Helena, Mt 59620-0500
Fax 1-406-444-4875

House of Representatives mailing address:
Representative name
PO Box 200400
Helena, Mt 59620-0400
Fax 1-406-444-4825

MCC contact information:
Moe Wosepka, Executive Director
1301 11th Ave, Helena
Office 442-5761
Email: director@montanacc.org
Website: www.montanacc.org

To subscribe to the MCC Legislative Alert Network Email: mccalertnetwork@bresnan.net or log onto our website www.montanacc.org