NFIB Lobbying Lawmakers Hard Not to Raid Montana State Fund to Finance Medicaid Expansion

Date: April 06, 2019

Wage-and-benefit chat, ban-the-box bills stopped

State Director Riley Johnson reports from Helena on the small-business agenda for the legislative week ending April 5

It was a rocky road on Friday, April 5, for the Medicaid Expansion bill, HB 658.

Its initial hearing before the Senate Public Health Committee was held yesterday and the committee promptly tabled it. But its proponents would not let it die. Late Friday, the full Senate blasted the bill off the committee table and it is now up for another hearing before the Senate Finance Committee on Monday, April 8, at 8 am in Room 317 in the Capitol Building.

The author of HB 658 is Rep. Ed Buttrey (R) of Great Falls.

It is thought even among Republicans that oppose the bill that it will now clear the Senate and move forward to Gov. Steve Bullock’s desk for signature. Nine Republicans, members of the so-called Solutions Caucus, have signed on to support Buttrey’s expansion bill. That number, along with the 20 Democrats, would be enough votes to get the bill over the finish line. Governor Bullock has said he will support the bill as it has been amended.

NFIB opposed the bill because of a section in it that would charge the Montana State Fund (MSF) a 2.75 percent tax on all workers’ compensation insurance. This would cause workers’ compensation premiums to rise for many small and higher risk businesses in the state. Rep. Buttrey has said he will amend that provision out of the bill on Monday, causing NFIB to withdraw its opposition to HB 658.

More NFIB Victories

Two more victories for NFIB this week were House Bill 547 and Senate Bill 168.

HB 547 by Rep. Laurie Bishop (D) of Livingston would prohibit employers from restricting the discussion and sharing of wage and benefit information with other employees, and it would also prohibit employers from asking that kind of information of prospective employees during an application interview. This bill passed the House 52-47 in March. It was tabled in the House Business Committee on Tuesday, April 2. Governor Bullock tagged this bill as “equal pay for equal work” bill which NFIB opposed.

SB 168 by Sen. Brian Hoven (R) of Great Falls is what NFIB calls a “ban the box” bill. It would prohibit employers from asking in any form about a prospective employee’s criminal history on an initial interview or application. Quite often, this information is simply a box on the application asking if the applicant had any criminal history, thus, the “ban the box” nickname. SB 168 passed the Senate 28-21 in February. It passed the House Business Committee 12-7, but this week it went to second reading before the full house and was voted down 45-54.

State Budget

Another milestone was passed this week as the legislative budget passed second reading in the Senate. HB 2 passed the House two weeks ago, 54-45, and passed second reading in the Senate 27-22 on Thursday, April 4. The total budget for the two years of the biennium, according to the current language in the bill, is $10.3 billion. The budget bill now returns to the House for approval of Senate amendments, but passage is expected. The Republican majority in both the House and Senate has cut some $44 million from the governor’s proposed budget at the beginning of the session.

Infrastructure Funding

It looks like two companion bills, HB 652 and HB 553, may finally see the light of day after some two sessions of not funding long-term infrastructure projects statewide. The problem has been getting lawmakers to approve bonding as a way to pay for the infrastructure. HB 652 by Rep. Mike Hopkins (R) of Missoula is the bill that allows up to some $80 million in bonding authority, while HB 553 by Rep. Eric Moore (R) of Miles City provides the structure of the planned infrastructure program. Both bills passed the House in February, and they both were heard in the Senate on Tuesday, April 2. These bills would allow local governments to bid on public works projects from schools to water systems to highways and use bonding as a source of money to pay for them.

Montana State Fund Opt-Out

And, finally, NFIB is watching SB 234 by Sen. Steve Fitzpatrick (R) of Great Falls. It passed out of the House Business Committee on Thursday, April 4, on a 10-9 vote. This bill would allow the state to “opt out” of using the Montana State Fund (MSF) for writing its workers’ compensation insurance coverage and bid it out to the private market companies. In its current form, SB 234 is not opposed by NFIB. Utilizing the private market place instead of using government is supported by NFIB. However, two amendments are reportedly to be offered during its second reading on the floor of the House on Monday, April 8. One amendment would not allow tiered rating by the MSF, and a second amendment would eliminate the MSF authority to issue dividends to policyholders. Both of these amendments would affect the rates policyholders pay for workers’ compensation insurance. NFIB would oppose the bill if either of these amendments is written into the bill.

Easter Break

Also, the rumors are flying that the Legislature may try and adjourn the Friday before Easter break on April 19. The reasoning is that lawmakers would take a four-day Easter break and then return for just five more days until the official end to the session. Stay tuned. This 66th session of the Montana Legislature isn’t over yet.

Getting Involved

Getting involved in the 2019 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 for up to five legislators on each call, and delivery is within a half hour. For those wanting more information on locating legislators, getting a personal 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.

Previous Reports From the Capitol

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