Chamber Capitol Connection

 

The Montana Chamber of Commerce Presents

CHAMBER CAPITOL CONNECTION

 

 

June 10, 2010

Monthly Government Relations Update

 

 

In this Issue:

• Primary Election Analysis

• Getting Out The Vote of Your Business

• Work Comp Reform Coming

• Medical Marijuana and Your Business/Workplace

 

 

 

An Analysis of Montana’s Primary Election

 As always, the primary election once again showed us that candidates who stake out pro-jobs positions, raise money, and work hard at grassroots efforts are usually successful in their races. 

 

Incumbents around the country are facing new challenges not seen in a generation. Our own P-base poll of 600 Montana voters last November (margin of error of 4%) showed record low levels of support for incumbents. The results of the primary, however, do not show discontent for most incumbents within intra-party politics. Ten incumbents faced primary challenges, and all but one made it through to the general election. In addition, six current House members won a chance for a Senate general election race, while only two lost out.

 

Much has been discussed regarding the “Tea Party” movement and its effect on the election. Assuming these conservatives voted in the primary election for Republicans may explain why the number of voters in the GOP primary outnumbered those voting the Democrat ballot by more than 2 to 1. But Democrats would probably just counter that things turned out that way due to the number of contested Republican primaries. It’s probably some of both.

 

To get more analysis on the Montana primary election, check out the upcoming July edition of the Montana EYE on Business.

 

 

Getting Out the Vote of Your Business

 

Last year, the Montana Chamber became the lead partner in Montana for the Business & Industry Political Action Committee (BIPAC). Our partnership has brought about a very useful website for you and your employees, The Montana Prosperity Project.

 

The Montana Prosperity Project is a way for business owners and employees to work together, learn more, and coordinate messages to lawmakers on issues that affect the health of the business and the sustainability of jobs. According to polling done by the U.S. Chamber of Commerce, 80% of employees want to hear from their employer on issues that impact their business and their jobs.

 

We are looking for businesses that would like to set up general voter registration and early voting registration drives in their business to encourage more private sector employees to have their voices heard. The drives will take place in September leading up to the general election.

 

If your business is interested in holding a registration drive, please contact Jon Bennion, Government Relations Director for the Montana Chamber at (406) 442-2405, ext. 104 or email him at jon@montanachamber.com.

 

 

Workers’ Compensation Reform Package Moves to EAI Committee

 

The 2011 Legislative Session is shaping up to have the biggest debate on workers’ compensation since the early 1990’s. Montana has the second highest work comp rates in the country, and the Legislature is finally listening to the calls for reform coming from Montana businesses.

 

Over the past three years, the Governor’s Labor-Management Advisory Council has studied the work comp system and analyzed the cost-drivers. Bill Dahlgren of Sun Mountain Sports in Missoula represents the Montana Chamber on this board. Last month, the Council took its reform ideas to the Economic Affairs Interim Committee, which unanimously approved going forward with drafting legislation for the proposals. The proposals include the following:

 

  1. Creating a more efficient and improved benefit delivery system by: ending TTD at maximum medical healing & impairment rating, immediately starting to PPD based on if employee is back to work at full wage, making employability assessment unnecessary to determine PPD payment, increasing maximum weekly PPD rates to 75% of SAWW, and determining wage loss percentage to be equal to impairment rating
  2. Codify the use of the 5th Edition of the AMA Guides to Impairment Ratings
  3. Implement an early stay at work/return to work program
  4. Set medical reimbursement rates at 150% of Medicare
  5. Set a 14 day limit for insurer to accept or deny a claim
  6. Provide retroactive payments for waiting period after 21 days of disability
  7. Adopt course and scope language on breaks and recreational activity
  8. Statutory closure of claims after 3 years with limited reopening provision
  9. Allow settlement of future medical benefits
  10. Limited payment of lawyer fees in medical only disputes
  11. Adoption of medical utilization and treatment guideline

 

Based on rough estimates of the cost saving ideas with the increase in benefits, the savings are projected to be 4.4 to 1 conservatively, and up to 8.9 to 1. The cost savings measures would become effective either upon passage or on July 1, 2011 while many of the increases in benefits will not take effect until July 1, 2013.

 

The Chamber has been very active in pushing for cost savings measures during the past two sessions and the interim. While we do have concerns about some of the benefit increases down the road, the cost savings are expected to far out-pace them. We are on the record with initial support, but we will be looking for direction from the Chamber Board and our membership. 

 

 

Medical Marijuana and Your Business/Workplace

A ballot initiative largely forgotten after the 2004 election has exploded on the scene over the past year to create problems for schools, cities, and businesses all around the state. Medical marijuana use has skyrocketed at exponential levels leaving many business owners confused about their rights as employers.

In the past few months, a number of cases involving medical marijuana have surfaced in our state courts that make wrongful discharge claims, human rights violations, workers’ compensation claims and more.

The Montana Chamber of Commerce recently organized a group of business and private sector associations that are collecting information on the issue, studying the current law, and developing legislative solutions for these problem areas. We will continue to lead the charge in ensuring that employers’ rights are protected and the law is clear in these matters.

If you have a medical marijuana issue come up in your business, please contact Jon Bennion, Government Relations Director for the Montana Chamber at jon@montanachamber.com or (406) 442-2405, ext. 104.