By Emma White | UM Legislative News Service, University of Montana School of Journalism

Legislators Consider Allowing Resort Tax Revenue for Workforce Housing

HELENA – The Montana Legislature is considering legislation that would allow resort communities that have opted for a local sales tax to use the money the tax raises for workforce housing. Current law only allows communities to use resort tax revenue for infrastructure projects, like roads or public safety. 

In the House of Representatives, House Bill 162 would expand infrastructure to include workforce housing for lower-income residents under the resort tax law. That bill passed the House on a 79-20 vote on Jan. 31. In the Senate, Senate Bill 172 would both add workforce housing as an accepted use of resort tax revenue and increase the population limit for the areas defined as resort communities to accommodate for population growth in Montana. SB 172 is still in committee and had its first hearing on Jan. 30.

The resort tax was first established in Montana in 1985 to mitigate the effects of tourism on local communities. While tourism can contribute to resort towns’ economies, Sen. Dave Fern, D-Whitefish, described the industry as a “double-edged sword,” since tourists do not pay taxes that help with building and maintaining infrastructure or public safety. 

Fern is carrying SB 172 and said since the Legislature passed a law in 2019 that allowed resort towns to ask voters to collect an additional 1 percent on certain sales, it’s been popular with towns like his home of Whitefish. 

“I think that is because you can see progress. You see infrastructure changes. You see significant improvements on roads, sidewalks, some shared use paths and that sort of thing. And you get property tax relief,” Fern said.

But resort communities are now facing housing shortages as well, particularly housing for the workers who keep the tourism industry spinning. According to data from the city of Whitefish, in 2022, 57 percent of their workers commuted from outside the city.

Jake Brown from Shelter Whitefish testified for the bill at its initial hearing. Brown said the bill will aid in addressing the housing crisis in Montana.

“I think this bill is just going to give local jurisdictions a little bit more flexibility in dealing with the scope of these issues,” Brown said.

SB 172 would also expand the size of communities that can be considered “resort communities” and “resort areas.” For resort areas, which are defined as unincorporated areas with a population of 2,500, the population would be expanded to 3,500. For resort communities, the required population would be increased to include all towns in the second or third class of towns. That effectively means the population cap is increased to 10,000.

Fern said the increase will more accurately reflect the current population of Montana.

“Population increase in the state has been substantial, and it’s just time for an adjustment,” Fern said.

Montana Lawmakers Debate Legality of Physician-Assisted Death

HELENA – A Montana Senate committee will now decide whether to advance a bill that would take away a patient’s consent as a viable defense in cases of physician-assisted suicide after it heard hours of emotional debate on Jan. 30. 

Proponents of Senate Bill 136 argue that the practice of medical aid in dying endangers vulnerable people and corrupts the doctor’s purpose and opponents argue the practice brings a more peaceful end to the terminally ill.

A Montana Supreme Court case in 2009 opened the door for legal assisted death in the state when the court ruled in favor of two terminally ill patients who sought to allow a physician to write a prescription for medical aid in dying.

Sen. Carl Glimm, R-Kila, is the sponsor of the bill. He has carried similar legislation in past Legislative sessions.

“Physicians should not be helping people commit suicide,” Glimm said. “It endangers the weak and vulnerable. It corrupts the practice of medicine and the doctor-patient relationship. It compromises the family and the intergenerational commitments of caring for one another.”

But Dr. Colette Kirchhoff, a family, hospice and palliative physician, said the practice is not something that any doctor enters into lightly. She clarified that the practice is only used for the terminally ill who have suffered for a long time, and the patient must be of sound mind and able to describe exactly why they wish to end their life.

“This is a transparent, very thoughtful, and peaceful process,” Kirchhoff said. “These people have thought about this sometimes years before they even come on our hospice. They have been suffering and trying so hard to live.”

Montana is one of eleven states in the nation that currently allows the practice of medical aid in dying, according to the advocacy group Compassion and Choices.

Legislature Weighs Private Property Rights With Local Government Land Use Planning

HELENA – The 2025 Legislature is debating a bill that would restrict local governments from putting rules on private property unless the regulations deal with the health and safety of citizens. 

Proponents of the bill say local governments are exerting too much power over private property with regulations that deal with issues like yard size, rental use, occupancy or open space. But opponents argue there is a benefit to local control because local governments have a more intimate knowledge of a community. 

Sen. Becky Beard, R-Elliston, is sponsoring Senate Bill 146. She says it is an effort to fight back against “onerous land use regulations.” 

“SB 146 renews the local government’s commitment to not infringe on our constitutional right to use our own property,” Beard said at a committee hearing for the bill on Jan. 28. “It sets a new standard on future local zoning regulations and shifts the burden of proof when challenging local zone and land use regulations.”

But opponents of the bill argue it is too broad and would prevent local governments from protecting cultural sites and the environment.

Micah Fields, speaking on behalf of the Montana chapter of Backcountry Hunters and Anglers, said bills like this have passed in other places with negative effects. He used Houston as a cautionary example.

“Unchecked development from industries has given way to heinously polluted air and water, poor disaster prevention, suburban sprawl and a dearth of affordable housing,” Fields said.

The American Indian Caucus is also opposed to the bill, saying it would make it harder to preserve natural and cultural resources.

Bill Sparks Debate About Clergy as Mandatory Reporters of Child Abuse and Neglect

HELENA – A panel of lawmakers has voted to table a bill that would have required clergy members to report suspected child abuse or neglect. Supporters of the bill said it would have helped protect children from abuse, while opponents said it would have asked the church to assume a disciplinary role when it is meant to be a support system. 

Sen. Mary Ann Dunwell, D-East Helena, introduced Senate Bill 139 to the Senate Judiciary Committee on Jan. 28. The committee killed the bill the next day on a 7-2 vote. 

In the hearing, Dunwell referenced a 2020 Montana Supreme Court ruling that reversed a $35 million verdict against a congregation in Thompson Falls of Jehovah’s Witnesses following allegations that church leaders covered up the abuse of a young girl. 

Dunwell’s bill would have removed the part of Montana law that the Supreme Court used in that case, which exempts clergy members from mandatory reporting. But the bill also came with an amendment that would maintain the exemption for formal confessions. 

Matt Brower, the executive director of the Montana Catholic Conference, thanked the sponsor for the amendment and spoke in support of the amended bill. 

“As a result of her openness to engage in dialogue and conversation with our Catholic leaders, we were able to arrive in an amended bill that seeks to advance public policies to keep our kids safe, while at the same time respecting deeply held Catholic beliefs regarding sacramental confession,” Brower said.

Derek Oestreicher, representing the Montana Family Foundation, spoke in opposition to the bill, especially the unamended version, on grounds that it would create a chilling effect and cause people to hesitate to reach out to their clergy.

“This fundamentally undermines the church’s sacred role in providing spiritual counsel and guidance. The church should not be forced to become the enforcement mechanism of government,” Oestreicher said.

There were four opponents and nine proponents in the bill’s initial hearing.

Lawmakers Advance Proposal to Make it Illegal to Provide Gender-Affirming Care to Minors

HELENA – The Montana Senate is debating a bill this week that would define gender-affirming medical care as a crime that endangers the welfare of a child.

Senate Bill 164 would make it a crime for any adult who helps a child seek medical care that includes surgical procedures or medication that alter a child’s appearance or affirms a child’s perception to be of a different sex than the one the child was assigned at birth. 

Proponents argued at the bill’s first hearing last week that it will protect Montana’s youth from experimental treatments with life-altering results.

“This legislation is critical to protecting Montana children from harmful and irreversible medical interventions,” Derek Oestreicher, the chief legal counsel and director of government affairs for the Montana Family Foundation told the Senate Judiciary Committee on Jan. 27.

The committee advanced the bill to the full Senate on a 6-3 vote on Jan. 29.

Opponents argued the bill criminalizes doctors and families who are trying to help children get the care they need, and causes more harm to the mental health of kids who experience gender dysphoria.

Dr. Kathryn Brogan, who is a psychiatrist and the president of the Montana Psychiatric Association, was one of the many healthcare providers who testified in opposition to the bill. She said she has seen her patients improve when they receive gender affirming care. She said the bill would penalize parents who try to support their child’s needs.

“This bill seeks to criminalize the practice of medicine and parental choice, would take children from their parents, and endanger the very children it purportedly seeks to protect,” Brogan said.

A similar bill passed the Legislature in 2023 but has been held up in the courts. This bill would instead add gender-affirming care to the existing child endangerment laws. Proponents said SB 164 would not have the same legal challenges, but opponents argued that it would run into the same issues as the last bill. 

Bill Seeks to Display Ten Commandments in All Public Schools

A proposal to display the Ten Commandments in all public schools in Montana sparked a debate about the separation of church and state in the Senate Judiciary Committee on Friday, Jan. 31. 

Proponents of Senate Bill 114 argue the display will not force religion on students. Rather, it will acknowledge the history that has shaped the U.S., said Sen. Keith Regier, R-Kalispell.

“God is mentioned in the Declaration of Independence. It’s on our money, in music, like God Bless America. It’s in our literature, and it’s in our Pledge to the Flag. Why would we not mention God in our schools? The courts need to understand that by removing God, they are replacing it with nothing,” Regier said. “No God? That’s called atheism.”

But Patrick Yawakie, representing the Blackfeet Tribe, the Chippewa Cree Tribe of Rocky Boy, and the Fort Belknap Indian community, said the bill is discriminatory and the Ten Commandments have historical context that serves as a continued reminder of the trauma tribal communities face.

“The Christian religion was used to justify enslavement, genocide, forced removal, and theft of lands, the child abuse in boarding schools against Montana Tribal Nations,” Yawakie said. “If we are to teach the Ten Commandments in a historical context in schools, we should teach all history, including the true U.S. history.”

Cindy Roscoe, a citizen who came to testify on Jan. 31, said she wants all students to be able to see the Ten Commandments in their schools. Roscoe said she moved her kids out of public school four years ago, believing strongly that there is “only one truth.” 

“We have taken God and prayer out of our schools and consequently we have seen the moral decay of our kids,” Roscoe said. 

But Brendan Work, a high school teacher from Missoula, cautioned against the passage of this bill. He said the bill is likely to be seen by students who practice other faiths as a hostile action. He said for his students of the Muslim faith in particular, it could make them feel further alienated from American culture.

“Nothing is more likely to harden their sense of not being welcome than that,” Work said.

Ellsworth Ethics Committee Begins 

HELENA – The Senate Ethics Committee is set to convene this week to begin its investigation of Sen. Jason Ellsworth, R-Hamilton, after Senate President Matt Regier hired a new attorney to advise the committee.

The committee convened after the Montana State Bureau reported on Ellsworth signing a private contract with one of his former employees, Bryce Egglesworth, to follow up after the legislative session on how any bills that pass dealing with the state judiciary system are followed through in practice. A Legislative Audit concluded the contract for $170,000 was a fraudulent and wasteful abuse of Ellsworth’s power since he bypassed the typical statewide bidding process.

Regier originally hired Matthew Monforton, an attorney from Bozeman who served in the Montana House of Representatives from 2015 to 2017 to advise the committee. The two Democrats on the committee, Sen. Laura Smith, D-Helena, and Sen. Christopher Pope, D-Bozeman, objected to Regier’s choice of attorney because of Monforton’s political history.

Smith added that she was uncomfortable with the fact that the Democratic members of the committee were not consulted before Monforton was hired. She also said she was not convinced that an outside attorney was necessary since there is legal staff within the Capitol.

“This attorney that we may or may not need, that may or may not help us in this endeavor, is really a central role,” Smith said. “It should have been voted on by this committee. It should have been a discussion among us.”

Regier responded by hiring attorney Adam Duerk. He said Duerk does not have the same political history as Monforton and added that he still believes legal counsel for the committee is necessary since Ellsworth has an outside attorney for the matter.

“There is no reason at this point for further objections or delays to the Senate Ethics Committee’s important work,” Regier wrote in an email to the Capitol press. “The people of Montana expect the Legislature to investigate and resolve allegations of impropriety in a timely manner, and it’s time for the Ethics Committee to proceed accordingly.” 

Emma White is a reporter with the UM Legislative News Service, a partnership of the University of Montana School of Journalism, the Montana Broadcasters Association, the Montana Newspaper Association and the Greater Montana Foundation. White can be reached at emma.white@umconnect.umt.edu.