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League sets legislative wish list

by Richard Hanners Hungry Horse News
| December 31, 2014 7:33 AM

The Montana League of Cities and Towns came up with 28 legislative resolutions at their fall meeting that they will support in the 2015 Montana Legislature, including two requested by the city of Columbia Falls.

Columbia Falls city manager Susan Nicosia explained the resolutions and the city’s position on each during the city council’s Dec. 1 meeting.

Resolution issues range from taxes and other revenue sources to stormwater pollution, building inspection funding, addressing blight, supporting additional Broadband and reducing sprawl.

“As of today, there are 33 introduced bills and an additional 1,150 bill requests,” Nicosia told the council. “Senate Bill 3 would raise the state minimum wage to $10.10 per hour and add an annual cost of living adjustment.”

The League’s Resolution 20, requested by Columbia Falls, calls for increasing the contract threshold requiring cities to pay prevailing wages from $25,000 to $80,000, which is the threshold for requiring competitive bidding.

Nicosia said the current law unnecessarily drove up labor costs for last year’s River’s Edge Park project. She said she’s asked Sen. Dee Brown, R-Coram, to sponsor the legislation.

Resolution 21, also requested by Columbia Falls, calls for prohibiting the use of handheld electronic devices by drivers. Columbia Falls, Whitefish and several other Montana cities have already enacted such an ordinance, and the League wants to see a uniform statewide ban.

“Several bill requests are in for making seat belt use a primary offense,” Nicosia said. “We may be able to add this to one of those requests.”

Resolution 22 calls for allowing Treasure State Endowment Program funding to be used to establish quiet zones for at-grade railroad crossings, like the two in Columbia Falls. Currently, coal tax severance money can only be used to establish quiet zones on routes used by coal-hauling trains, primarily the southern line, but a growing number of oil trains pass through Columbia Falls every day.

“I have requested newly elected Rep. Zac Perry to sponsor this bill and will ask Sen. Dee Brown to support it as well,” Nicosia said.

Resolution 9, requested by the city of Kalispell, calls for making a local option tax, similar to the resort tax in Whitefish, available to all Montana municipalities. Montana law currently allows qualifying communities with less than 5,500 people to establish a local voter-approved sales tax.

While cities like Kalispell want an additional revenue source to handle city service needs brought by tourists, the fear among conservative legislators is that every Montana community could soon want a local option tax, in effect creating a statewide sales tax, Nicosia explained.

Other revenue resolutions were proposed. Resolution 10 would allow cities to collect a voter-approved gas tax. A 1979 Montana law allows county voters to approve an excise tax on gasoline up to 2 cents per gallon. The League says the additional revenue could be used for streets.

Resolution 2 addresses how the state calculates entitlement share payments to cities for gambling, motor vehicles, beer, liquor and other fees collected by the state. The League will monitor the Legislature to make sure cities get their fair share of these fees as determined by the annual growth factor.

Resolution 3 calls for lifting the restriction on the number of mills cities can levy based on inflation. Currently, revenue from property taxes can grow by one half of the average rate of inflation for the past three years, which came to $10,875 in new revenue for Columbia Falls last year. The League says cities and towns “cannot financially survive this limitation.”

The League will support legislation drafted by the Montana Association of Counties to address the cost of the state-mandated local government review process. Oftentimes, no one files for election, the League said.

Resolution 24 calls for allowing a governing body to forego an expensive election and simply allow city councilors or county commissioners to appoint government review board members — as happened this year in Columbia Falls.