Pubdate: Mon, 04 Oct 2010
Source: Daily Inter Lake, The (MT)
Copyright: 2010 The Daily Inter Lake
Contact:  http://www.dailyinterlake.com/
Details: http://www.mapinc.org/media/2501
Author: Shelley Ridenour

HOUSE HOPEFULS SAY POT LAW NEEDS WORK

All three candidates seeking the open House District 3 seat agree that
the state's medical marijuana law may need some adjusting.

Democrat Zac Perry, Republican Jerry O'Neil and independent candidate
Shawn Guymon all say that since Montana voters approved a plan to
allow medical marijuana to be used in the state, it should remain legal.

But they agree that since the system has been put into use, problems
have arisen that mean the law needs review and possibly revision.

The three men are vying to replace Rep. Dee Brown, who can't seek
re-election because of term limits. House District 3 includes Columbia
Falls and the Canyon area.

O'Neil "appreciates that Montana" thumbed its nose at the federal
government regarding medical marijuana laws. He says federal officials
don't want medical marijuana to be allowed in the country.

The doctors to whom O'Neil has talked about medical marijuana
prescribed for their patients "say they are seeing good results."

O'Neil wants more public input on a bill he would introduce if
elected.

It would restrict the use of medical marijuana to a person's own
dwelling, providing the person owned the property. In the case of a
renter who had been prescribed medical marijuana, O'Neil wants the
landlord to be able to veto the use of the drug in the rental unit.

He doesn't want it to be legal to take medical marijuana to someone
else's house because he worries that could lead to people smoking it
recreationally with their friends.

He also wants the law to prohibit adults from consuming medical
marijuana with children present in the dwelling.

"I don't want to stop the people from using it instead of using other
painkillers, if it works for them," O'Neil said, "if it keeps harsh
prescription drugs out of society.

"I have no desire to protect a monopoly for big pharmaceutical
companies."

Guymon says he thinks the Legislature should rewrite the medical
marijuana law to clean it up. He supports the vote of citizens that
allowed medical marijuana in Montana, but thinks the way the bill was
written has resulted in problems. Any changes made by the Legislature
should again be presented to the public for approval, he said.

Guymon speculates that the federal health bill contains a provision to
allow for medical marijuana use throughout the United States. In that
case, he wonders, "Why are we getting all up in arms? It's probably in
there."

Some reform of the state's medical marijuana laws is needed, Perry
said, but lawmakers need to remember that voters approved the initiative.

"We need to tighten the regulations. We need to know who the growers
are, who the dispensers are and who has the user cards," Perry said.

Perry shares the concerns of some people that medical marijuana is
being abused. He said procedures for getting a user card need to be
reviewed and the overall system needs to be better regulated.

The people of Montana "already said they think it's OK," Perry said.
"Now the Legislature should define the parameters of the system."

On the subject of taxation, Guymon is worried that many Montanans are
being "taxed out of their homes and lands" as property appraisals and
tax rates increase.

"Ouch. Why is that?" he asked.

Guymon proposes that any piece of property that has been reappraised
at a much higher value and tax be re-evaluated and some sort of
balance be found. He disagrees with the concept that new property
being built next door should result in tax increases to existing property.

Perry's concerns about the state's property appraisal methods and
property tax amounts focus on funding for public schools.

When property is appraised and a tax bill determined, a certain amount
of that tax is earmarked for public schools.

But if a property owner appeals an appraisal and tax bill, no taxes
are collected until the appeal is resolved. If a different amount of
tax is due after the matter is concluded, the percentage due to
schools doesn't go to schools, Perry said, instead the money goes into
the state's general fund and is "up for grabs."

"We need to refocus on getting that portion into the education fund,"
Perry said.

Property appraisals and the increases in property tax bills is an
especially big concern in House district 3, people have told Perry.

He supports more frequent appraisals to ensure more accurate values.
When property is appraised during a boom time, it's hard for the
property owner to pay the tax bill during a bust. He's also interested
in capping the percentage increase allowed in any given year for a tax
bill.

"We need homeowners and property owners to get a fair shake," he said.
"People are being taxed out of their property by what's built next
door."

State officials "got into a lot of trouble" because they appraised
property at high values "right before prices dropped," O'Neil said.
Now, those same people "need to create some escape to get more
accurate appraisals before the next cycle."

"It's also essential we do the best we can, since education costs are
such a big portion of property taxes, that we get a handle on those
costs and see if we can't separate some from property taxes," O'Neil
said. "It's not just property owners who have children in school."

Since Montana is one of few states with a budget in the black, current
elected officials are doing pretty well taking care of the state's
budget, Perry said. He attributes some of that success to the governor
being "vocal about taking a knife to budgets across the board and
looking line by line where to save money."

Elected officials sought public ideas on how to save money, Perry
said, "a step in the right direction. We need to continue in that vein."

In this economy, it's simply not appropriate to increase the number of
state employees, as has happened in the last few years, O'Neil said.
But, since additional state employees were hired, legislators now need
to figure out how to pay them without adding any burden to Montana
taxpayers.

In the upcoming legislative session, lawmakers must look at all areas
of the budget "and be wiser with how we spend our money across the
board," O'Neil said.

One specific budget item he thinks should be evaluated is the state
employee benefits plan, which he said is a guaranteed retirement
program. O'Neil favors changing it to a 401(k) or perhaps an
individual retirement account.

For the state to keep its budget balanced and deal with natural
progression, "you have to balance spending with cost cuts," Guymon
said. "So far they have been doing an adequate job, but it could be
better."

It's important for legislators to address the serious issues that
affect the economy and jobs, he said, and that can be done by
"empowering small businesses and protecting them from frivolous
lawsuits by changing tax rules and initiatives."

Regarding the state's drunk driving laws, O'Neil said he voted for
tougher laws for repeat offenders when he was in the state Senate and
would do so again. The number of arrests for driving while under the
influence has decreased significantly in the last decade, he said,
because of changed public perception and changed laws. He hopes that
trend will continue.

State laws "are substantially adequate," Guymon said. "The problem is
many times they are not enforced."

He thinks there are double standards in place regarding driving while
under the influence laws. "When I was a kid there was a saying 'Don't
do the crime if you can't do the time.' People enjoying the double
standard need to remember that. There must be equal justice."

Perry is worried about the high number of drivers arrested for "their
10th or 11th" DUI. That's an indication that "you have a system that's
not working," he said.

Drunk driving laws need to be reviewed, he said. Other states have
implemented significantly stricter laws and Montana lawmakers should
look at some of those.

"We need to have tougher laws, states have to take more
responsibility" to stop drunk drivers from endangering other people's
lives, Perry said. He favors sentences for drunk driving convictions
including some jail time.

As Perry talks with District 3 residents, the concerns he hears most
are "jobs and the economy."

Legislators need to look at ways to bring industry to the region, he
said, and ways to create quality, paying jobs. He would like to pursue
an option such as a break on the amount of equipment taxes a new
company would pay for its first few years in business to encourage
business development in the state.

"The main reason I'm running is workers' compensation state laws,"
Guymon said. Montana has the highest workplace mortality and injury
rate in the United States, he said. "That can become a burden on our
state.

"Not one family has ever received remedy, relief or compensation from
worker's compensation law," Guymon said.

Montana employers have seen some benefits from a recent law change
that provides for lower workers' compensation rates for businesses
that adhere to certain business practices, Guymon said. "We've got to
do better."  
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MAP posted-by: Jo-D