For the legislative week ending April 3

Gov. Steve Bullock has signed into law House Bill 39, which is the “trolling” bill on patent and copyright infringements, a measure which was a priority of NFIB/Montana. 

It had come to light in the last year from Attorney General Tim Fox’s office that there are entities around the country that are buying up patents and copyrights and then surfing the web and publications of small businesses to find obscure incidents of potential infringements. 

They then write a letter charging the infringement and demanding money to be able to continue using their patent or copyright. They ask for small amounts of money, and target small businesses that do not have a legal department. Some small employers have chosen to pay the $1,000 or $1,500 fee rather than twice that to hire a good patent attorney. 

The attorney general verified that a number of small businesses in Montana have fallen for this scam. SB 39 would put sideboards on any such letters claiming infringement, and provide enforcement and damages against those perpetrating such bad faith assertions. The bill passed a third reading in the House, March 14, 95 to 1. It previously passed the Senate 46 to 1.

Another NFIB/Montana priority was also signed into law by the governor. House Bill 396 removes the sunset provision on a law that requires state agencies to consider impacts on small businesses when making new rules and regulations. It must consider only businesses under 50 employees. 

SB 196 that allows employers to adopt a veteran hiring preference was signed by the governor. Currently, to have a preference for any type of person, such as men or women, religious affiliation, political affiliation or marital status is illegal under Montana law. 

This past week marked the completion of the 67th legislative day on March 31. That was important because all appropriations, revenue, and referenda legislation had to be transmitted to the other chamber to stay alive. It also marked the completion of three-quarters of the 2015 Montana Legislature allowed by the constitution of 90 days.

The activity of both houses the first two days of this week were hectic, pushing into the wee hours of the night to get all the work completed on bills. On Wednesday, the legislative leadership decided to take an extra day for their Easter break and recessed Wednesday evening, taking an unusually long five-day break from the rigors of the 64th Legislature. The lawmakers return on Tuesday, April 7. With such a short week, there is not a lot of activity to report for NFIB/Montana. Any bills not associated with revenue or money were put on the back burner until after the break.

A bill of interest to NFIB/Montana was SB 99. This bill requires the State Insurance Commissioner to administer a new Insure Montana program, which provides tax credits or premium incentives and assistance payments to small businesses (two to nine employees) that offer a group health insurance plan and pay at least 50 percent of the premium for their employees. 

Insure Montana was started in 2005. At that time, NFIB/Montana sent out a special ballot to its members to judge the appetite for such a health insurance program. The money for the program came from a portion of the new $1 cigarette tax that was voted in by the people in a ballot referendum in 2004. The results surprised NFIB/Montana, as the organization’s membership is not known for supporting state subsidized programs, but 80 percent favored the idea, 16 percent opposed, and 3 percent were undecided. 

Subsequently, a large contingent of NFIB/Montana members joined the program and continue to utilize it today. But, the new federal Affordable Care Act (ACA) will discontinue Insure Montana in June, 2015, unless it is reprogramed to meet ACA standards. SB 99 does the reprograming.

It passed the Senate 40 to 8 several weeks ago, and on Tuesday last week it passed the first test in the House with a 73 to 27 second reading vote. It now has been moved to House Appropriations Committee to review its fiscal note. A hearing is set for April 13 in that committee. 

The bad news is that the sponsor of the bill, Sen. Jill Cohenour (D) of Helena, told NFIB/Montana this past week that the governor’s office does not like the cost of the program. So a veto could happen, if the House passes the bill out in the next few weeks.

Another bill of interest is House B 341 by Rep. Bill Harris (R) of Winnett. This bill would provide tax credits to employers who help student employees to pay for higher education, or to pay down student loans of employees. The bill was passed in the House on second reading 85 to 15, and then sent to the House Appropriations Committee where it was tabled. Six-days later it was taken from the table and passed by the committee 14 to 6. Two days later this past week, HB 341 passed the House on third reading 81 to 18. It now is in the Senate awaiting action.

Also of interest this past week was the announcement late Wednesday evening that the major budget bill, House Bill 2, had reached agreement between the governor’s office and the Senate Finance Committee. The agreement was a bipartisan effort by the Republican-controlled committee. The governor met late Tuesday night with Republican leadership to hammer out the details for amendments added to HB 2, which included some $55 million in spending programs that had been previously taken out of the bill. It emerged from the committee on a 16-to-3 vote, and is headed to the Senate floor the week after Easter break. 

This action could now see the many money and revenue bills that are backlogged in various committees and how much money the Legislature and the governor agree is available for the next biennium. This should see a lot of action over the next 22 days left in the session.

Senate Bills 353 and 354 are companion bills calling for a constitutional referendum to divert a portion of the coal tax trust fund money and create a “Build Montana” program of infrastructure repairs and new construction all across Montana. 

This is the Republican’s answer to the governor’s infrastructure bill, House Bill 5, which was tabled in committee on March 25. It would use cash to build infrastructure instead of the governor’s approach of using bonds for the majority of funding. Supporters of SB 353 and SB 354 say the bills will create 700 to 1,000 jobs over the next two years. Also, unlike the governor’s proposal which is a one-time infusion of funding, these bills will create a continuing stream of funding for infrastructure work every year. 

The sponsor says it will inject over $25 million each year into the economy for badly needed work on bridges, waste water systems, drinking water systems, and roads.

And finally, there is Senate Bill 138. This bill provides an employer, educational institution, or landlord may not be held liable for acts of negligent hiring or negligent employment for acts of an employee who has a criminal record.
 

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 on each call, and delivery is within a half an hour. 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, and just to review all hearings and reading of the actual bills can go to www.leg.mt.gov and access everything electronically.