MFTA Supported
By John Semple, Lobbyist
A recap of bills and bill drafts, which the Montana Fire Alliance deemed important, vetted during the 2021 legislative session.
HB 86, by Mary Dunwell (D), provides for the creation of a Regional Fire Authority. The bill also outlines the 'rules' required to assist in the development of the authority. Several concerns - "a bill looking for a problem" and the Wood Products Association folks being concerned with additional charges for fire protection, on their forest lands. Those concerns were alleyed, as the Wood Products folks became more familiar with the bill. The bill failed, for the second time in two sessions, as the House Local Government committee tabled HB86.
HB 107, by Ron Marshall (R), attempted to change the requirement of mill levy elections, under 15-10-425, to an approval by 2/3rds vote of qualified electors, from a current simple majority. This bill was tabled in House State Administration committee.
HB 169, by Steve Gist (R), revise ethical requirements for public officers and public employees. This bill attempted to alter MCA 2-2-105, by listing that a public officer or employee of a local government/special district may not use those local resources to profit from - directly or indirectly. The bill was tabled in House Local Government committee.
HB 204/205, by Steve Gist (R), was to provide for an income tax credit for volunteer firefighters, volunteer emergency care providers and their respective employers. Between the two bills, the fiscal notes showed the"hit" to the general fund for anticipated credits came in at+ or - 3.25 million dollars for tax year 2023. The fiscal notes figured just under 4,000 emplyers, 2250 volunteer firefighters, and 1675 volunteer EMT's who were not firefighters. The bills were tabled in House Taxation.
HB 215, by Casey Knudsen (R), revise the definition of permissible fireworks, to include bottle rockets and Roman candles. The bill sponsor made use of 27CFR 555.11 and 16CFR 1500 and 1507, to help convince legislators of the "relative" safety of these additional fireworks. HB215 passed handily out of both Houses and was signed by the Governor, as well.
HB 264, by Ross Fitzgerald (R), revise laws for passing emergency vehicles. This bill adds to the penalties of the 'move over law', including using the phrase 'temporary speed limits' in essence giving a department the authority to place speed limit signs at the accident site, as well increased fines, while labeling the citation 'reckless endangerment of an emergency worker'. HB264 passed both Houses and was signed by the Governor.
HB 382, by Willis Curdy (R), revise laws related to prohibiting the use of exploding targets on state lands and waters. When DNRC determines fire danger is''HIGH', 'VERY HIGH', or 'EXTREME', the prohibition of there use is noted. The bill defines exploding target as a commercially built target that explodes on contact with a high velocity projectile, or of a mixture of ammonium nitrate and aluminum powder, or similar substances, which explode when hit with a high-velocity projectile. The bill is now law.
HB 421, by Jedediah Hinkle (R), revise laws related to volunteer emergency care providers. This bill had volunteer EMT's in mind, for the VFCA retirement system. The sponsor thought great idea let's use the 911fund for the extra funding, to augment the VFCA. He did not discuss with the Fire Alliance previous to the hearing date and did not have an actuarial done, for the benefit of the VFCA. The bill made it out of House State Administration but was summarily tabled in House Appropriations.
HB 469, by Sara Novak (R), revise laws related to the governor's emergency response powers. DES would have been allowed to use a portion of the Governor's 'emergency fund' to assist, monetarily, local fire jurisdictions, on return from EMAC deployments. Then these out-of-state funds, when paid to the locals, would be used to reimburse the Governor's fund. This bill passed the House and was tabled in the Senate State Administration Committee.
HB694, by Steve Gist (R), would have provided changes to special district laws, including claims filings against the board of a district for noncompliance with financial reporting/auditing. The bill also uses the Local Government Center at MSU, as an education tool for those boards not in compliance. The local board would pay for this 'schooling'.The third version of this bill would have created the offense of dereliction, with required penalties. According to the fiscal note, approximately 3500 special djsVict boards are currently delinquent. An example, the training requirement for these boards would average $1800.00 from the Local Government Center. As can be seen, several difficult changes are required, to prompt increased reporting and still keep volunteers from leaving. The Legislative Local government Interim committee has been discussing the problems addressed in this bill. MACO and the Local Government Center have also been providing input. A meeting, of the Local government committee, will be held on the 18th of May, 2022. The contents of HB694 will be discussed and proposed legislation may be forwarded.
SB 178, by Chris Friedel (R), prohibits State building codes from requiring mandatory installation of fire sprinkler systems in a single-family dwelling or a residential building which contains no more than two single-family dwellings. Both Houses passed the bill and the Governor signed it into law.
SB 289, by Brian Hoven (R), was to revise the employment application process, by prohibiting an initial application (rid the application of any checkboxes and subsequent questions regarding criminal history). The bill was tabled in Senate Business, Labor, and Economic Affairs.
SB 377, by Edith Mcclafferty (D), revise laws related to emergency care providers and emergency medical services and transferring licensing and other administrative requirements, from the board of medical examiners to the Department of Health and Human Services. Significant rules changes would be instituted and with four pages of fiscal note, some were concerned - big changes, without a lot of vetting of the changes in "old to new" process. The bill passed out of the Senate Public HEalth, Welfare and Safety committee, 9 to 0, but after floor discussion, was not passed on second reading, 21 to 29.
SB 385, by Greg Hertz (R), revised property tax and assessment laws (15-10-425) and special district laws, after much talk and amending in both the House and Senate. Some changes include the increase in voters or property owner numbers, from 25% to 40%, for the petition to create, to be valid. The resolution to create the special district shall contain the maximum rate or amount of the initial proposed assessments or fees that would be imposed. This bill limits the duration of the special district to 13 years, and includes those districts, formed after July 1, 2009. Of course, these same districts could then be "reformed" after their 'duration' is up. Fire districts and fire service areas are under MCA title 7, and are not affected by this bill. This bill refers to what are called 'uniform districts', defined by legislation, in 2009.
SJ 22, by Edith Mcclafferty (D), An interim study of the viability and sustainability of Montana's Emergency Medical Services. This bill passed the Senate Public Health, Welfare, and Safety 9 to 0, and third reading in the full Senate, but was tabled in the House Human Services committee. Some legislaors had thought, 'enough studies for now'.
LC2644, by Ross Fitzgerald (R), attempts to codify a relationship between the Department of Labor's codes division and the State Fire Marshalls Ofiice. This legislation would require the incorporation of fire safety regulations in to building regulations. This draft also, via# 12, defines local fire agency and its approval, by the department of justice, for a fire inspection program, for local enforcement, as would be allowed within MCA 50- 61-102(2). As a codes issue between a fire department and the Department of Labor, codes division, was ongoing, during the 2021session, this legislation would have had a difficult time moving through the process. Several legislators voiced concern about this bill, 'trying' to correct something, which could potentially be solved at the State Department level.