For the legislative week ending February 13

Another NFIB/Montana priority proposal, House Bill 396, was heard this week in the House Business Committee on February 10. This is the bill that takes the sunset clause off a bill from the 2013 session that requires state agencies to consider affects administrative rules might have on small businesses under 50 employees. The vote to pass the bill was 19 to 0. It now heads to the House floor for action next week.

Two big hearings for NFIB/Montana this week involved Senate Bill 103 and House Bill 413. 

SB 103 would make a laundry list of diseases “presumptive” for professional firefighters, i.e., any time a firefighter comes down with a disease on the list, it is presumed to have been caused by the smoke and chemical exposure of the firefighter during his or her career, therefore automatically making the firefighter eligible for workers’ compensation insurance benefits. 

Opponents argued that this could be very expensive to insurance carriers. It was further noted that if challenged in court, the benefit might be broadened to cover private sector workers who work around dangerous chemicals and solvents every day, such as body shop workers or agricultural workers. No action was taken by the Senate Business Committee. It will be looked at next week.

HB 413 would start the process of authorizing the Montana Department of Labor to administrate and enforce the federal Occupational Safety and Health Act (OSHA). The bill is an authorization for the labor department to begin what would be three- or four-year process to design a program for Montana businesses, and then to convince the federal OSHA people that Montana could run its own program. 

Twenty-two other states currently run their own state programs. Proponents argue that businesses would rather deal with Montana people than federal people on workplace safety. Also, it would allow Montana to concentrate its efforts on safety in the industries that are a problem in Montana, and not nationally. 

Opponents counter that such a program would allow the state to administer and enforce OSHA standards, and it could have the authority to exceed the federal regulations. No action was taken by House Business Committee this week. 

Two more NFIB/Montana bills of interest were heard this week. 

House Bill 341, by Rep. Bill Harris (R) of Winnett, would give employers a tax credit of up to $450 per employee annually for up to three years against their individual income or corporate income tax. Employers would be eligible for the tax credit of $450 if they made a direct payment of $1,800 a year to reduce an employee’s student loan by that amount. It was heard before the House Tax Committee, which did not take any action on the bill this week. 

House Bill 277, by Rep. Christy Clark (R) of Choteau, would give employers and small-business owners a tax credit of up to $1,000 for each apprentice enrolled in a program registered with the state. The tax credit could be garnered up to four years for each employee who is in the Montana Registered Apprenticeship Program run by the state Department of Labor. This would cost the state’s general fund $800,000 in 2017 and $900,000 the next year. NFIB/Montana joined other business-related groups, including the governor’s office, in supporting HB 277. 

Finally, an important bill was introduced by Sen. Jim Keane (D) of Butte. Senate Bill 254 would require the transfer of $50 million from the Montana State Fund (MSF) coffers to the Old Fund liability account. Currently, the workplace injuries prior to 1990 are being paid for out of the state’s general fund. It is estimated that reserves for this are about $50 million. MSF would then be responsible to pay out these old benefits to injured workers. The sponsor wants to take the money out of reserves currently held in the MSF. However, by current law, if there is excess money in the state fund, it is to be returned to the policyholders in the form of dividends. Thus, the money to cover the Old Fund’s liabilities would have to come from premiums paid by the estimated 26,000 policy holders. This would prohibit the payment of dividends or lower premiums for policy holders. NFIB/Montana strongly opposed this bill in the hearing held on February 13. 

Coming next week of interest is Senate Bill 270, by Sen. Janna Taylor (R) of Dayton that would exempt seasonal entities from having to pay the minimum wage. Her bill allows entities in a seasonal amusement or recreational establishment, organized camp, or religious or nonprofit educational conference center to be exempt from the federal Fair Labor Standards Act of 1938. This bill will be heard on Tuesday, February 17 at 8 am in the Senate Business Committee.

Also coming next week will be a rash of bills talked about above.

Getting involved in the 2015 Legislature is easy. The best way to have your voice heard quickly is to phone 406-444-4800. Operators are on hand in the Capitol Building to take messages up to five legislators for each call, and delivery is within a half an hour. For those wanting more information on locating legislators, getting an e-mail address, looking to view committee meetings and floor sessions on television or over computers, or just to review all hearings and reading of the actual bills, you can go to www.leg.mt.gov and access everything electronically.