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

Legislature Hears Piles of Bills Ahead of Key Mid-Session Deadline

HELENA — Lawmakers are on break this week after several marathon debates on bills last week in the run up to the Legislature’s mid-session break. Last week was what Montana legislators call “transmittal week” — the last 5 days for general policy bills from the first half of the session to pass either the Senate or House, or they are effectively dead.

“Members of the Committee, we’ve got a lot of work to do today. I’m going to try to move things along as best I can,” said Sen. John Esp, R-Big Timber, starting what became a nearly 12-hour-long Senate floor session on March 5.

The deadline only applies to general policy proposals — bills concerning the budget, constitutional amendments and fiscal changes have a different deadline later in the session.

On March 5, the House heard more than 100 bills and the Senate debated more than 60.

On March 6, the schedule included 92 bills in the House and 69 in the Senate.

At the halfway mark of the session, lawmakers have sifted through bills on the session’s hot-ticket issues like property tax, Medicaid and education. All four of the major property tax bills are still alive, both the two major Republican efforts and their Democratic opposition.

In education, several bills that aim to recruit and retain teachers are gaining support. And a bill that continues Medicaid expansion in the state emerged from a pile of proposals seeking to change or phase out the program. 

As the deadline loomed, members of both chambers attempted what are called “blast motions” to revive tabled bills. Wednesday night, Rep. Ed Stafman, D-Bozeman, made a motion to revive his bill that would cover in-vitro fertilization under Medicaid after it died on March 4. That motion ultimately failed.

“First, I just want to apologize to the body. I know it’s late and if there wasn’t so much at stake, I wouldn’t be doing this,” Stafman said.

Lawmakers will take a short break from March 8 to March 14 before reconvening to finish the last 45 days of the 90-day session. 

-By Clayton Murphy

Investigation Begins on Senate President’s Hiring of Private Counsel

HELENA — As the Montana Legislature hit its mid-session break, a second Senate leader landed in the hot seat over a contract he made before this session convened.

On the eve of the first hearing on ethics allegations against former Republican Senate President Jason Ellsworth, lawmakers voted to refer current Senate President Matt Regier to the Legislative Audit Division. 

The decision came after lawmakers learned about his hiring of a private attorney as his personal counsel while serving as Speaker of the House in 2023. Regier, not expecting the move, called any accusations of impropriety in the hiring “completely false” and a “witch hunt.”

“I’m happy to send it to audit, expect a 100 percent exoneration, and then we can get back to really rooting out corruption,” Regier said.

Rules only allow for one special counsel attorney between Senate and House leadership. As first reported by the Montana Free Press, Regier had proposed a bill in 2023 that would allow individual attorneys, but it died on the final day of the session. By that time, Abby Jane Moscatel had registered as “Chief Legal Justice to the House Majority” and had been working with Regier for three months. The Free Press reports that through Regier, Moscatel has been paid $22,970 in state funds.

After an initial motion on the Senate floor March 6 to send the case to the Senate Ethics Committee, lawmakers ultimately voted to file a waste, fraud and abuse complaint to the Legislative Audit Division. Billings Republican Senator Daniel Zolnikov made the final motion, saying the move was an effort to stay consistent with the investigation into Ellsworth.

“ Let the Audit do the report, and let them do the findings. That would be intellectually honest and consistent,” Zolnikov said.

The state Department of Justice is investigating Ellsworth on criminal charges concerning a $170,000 contract he signed in the final days of his Senate presidency with an associate and former employee. 

Ellsworth contracted Bryce Eggleston to track bills proposed for the 2025 session that deal with the powers of the judiciary should they become law. The Senate Ethics Committee is also investigating Ellsworth on ethics violations in the case and started hearing from witnesses on Friday.

After a six-hour hearing on Friday, the committee adjourned and will reconvene for more testimony on the morning of March 14.

The hearing capped off a drama-filled week that also included Sen. Ellie Boldman, D-Missoula, pleading guilty to a DUI on Monday and Sen. Ron Marshall, R-Hamilton, resigning over conflicts with lobbyists. 

-By Clayton Murphy

Bill Allowing Vaccine Exemptions in Schools Passes Senate

HELENA — A bill that would allow exemptions for vaccine requirements at schools and daycares sparked impassioned debate on the Senate floor before passing on a narrow vote last week.

Senate Bill 474 would require schools, daycares and other organizations that require vaccinations to accept religious and medical exceptions.

Sen. Cora Neumann, D-Bozeman, opposed the bill. Similar exemptions already exist, which she said would be unsafely expanded under the bill.

“This amended bill, as-is, would create the most permissive exemption policy in the country, and likely drops us below herd immunity for many communicable diseases,” Neumann said.

One of the bill’s carriers, Sen. Daniel Emrich, R-Great Falls, argued the bill would simply offer more control to parents.

“ We’re not going to have a new flood of people seeking exemptions,” Emrich said. “It’s just allowing people one more option.”

Sen. Susan Webber, D-Browning, introduced an amendment to exclude Tribal Nations from the bill. She said Tribal law requires vaccination for all students. Sen. Barry Usher, R-Yellowstone County, opposed the amendment.

“ If they’re taking our money then they should listen to our laws,” Usher said. “They should not be able to pick and choose when they’re sovereign and when they’re not if they’re taking our funding.”

The amendment failed 28-22. The bill passed 28-21 and now heads to the House for debate.

-By Clayton Murphy

Legislators Consider a Ban on Potential Local Red Flag Gun Laws

HELENA – Proponents of a bill that would prevent local governments from enacting red-flag gun laws say these regulations are unconstitutional. But opponents say they can be important in preventing gun violence.

A red-flag law, or an extreme risk protection order, is a temporary order that a judge can place on a person requiring them to temporarily surrender their firearms if the judge decides there is a high risk to others or to the individual. 

Twenty-one states and the District of Columbia have implemented red-flag laws, according to the University of Michigan Institute for Firearm Injury Prevention. Montana does not currently have any red-flag laws.

Rep. Braxton Mitchell, R-Columbia Falls, is sponsoring House Bill 809, arguing it is unconstitutional to take away someone’s right to bear arms if they are not convicted of a crime. Mitchell said at a committee hearing for the bill last week that it is a preemptive strike to protect Montanans’ Second Amendment rights.

“The bottom line, you cannot strip constitutional rights based on accusations alone,” Mitchell said. “If someone is truly dangerous, they should be charged, tried and convicted, not disarmed through judicial tyranny.”

But Kelsen Young, speaking on behalf of the Montana Domestic and Sexual Violence Coalition, said red-flag laws can help prevent violence in domestic situations.

“In some situations, we really do believe that ERPO orders would be helpful, especially in regards to families that are experiencing violence as it relates to mental health,” Young said. “And so for that reason, and also because we believe strongly in local control for these issues, we oppose this bill.”

A proposal to implement red-flag laws in Montana failed in the 2023 session.

-By Emma White

Bill Proposes New Method of Funding Sexual Assault Kits to Better Serve Rural Montana

HELENA – Legislators are considering a proposal that supporters say will help victims of sexual assault get local, timely care in rural areas by changing the source of funding for sexual assault examinations.

Sponsor of the bill, Sen. Bob Phalen, R-Lindsay, said in an initial committee hearing last week that Senate Bill 491 would create a centralized state fund that uses revenue from the marijuana tax to pay for sexual assault medical examinations, instead of local law enforcement paying for the care. 

“By passing this bill, we are reinforcing Montana’s commitment to public safety, supporting law enforcement and their critical work, and ensuring that every survivor, regardless of where they live, has access to high-quality forensic evidence collection,” Phalen said.

SB 491 would also raise the maximum funds allocated for each exam from $600 to $800, an amount that supporters say is more realistic for typical procedures. Hope Stockwell, the Sexual Assault Response Network Coordinator for the Office of Victim Services for the Montana Department of Justice, said in the hearing that the increase will help to close the gap between funds and actual cost.

“Exams routinely exceed $1,000 in cost, depending on the severity of the crime and the injuries incurred,” Stockwell said.

Teresea Olson, a physician’s assistant and sexual assault examiner from Glendive, spoke in support of the bill. She said Glendive had a program dedicated to forensic medical examinations, but they had to close in 2023 due to lack of resources and workforce burnout. Now, she said, patients in Southeast Montana must rely on Miles City or out-of-state services for forensic exams, often traveling hours for these services.

“We’re actively trying to rebuild our same program in our local community, but sustainability remains the greatest challenge,” Olson said. “SB 491 provides a lifeline to rural communities facing similar struggles across Montana.”

The Senate advanced the bill on a 42-8 vote last week and it will now be evaluated by the Senate Finance and Claims Committee.

-By Emma White

Clayton Murphy and Emma White are reporters 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. Murphy can be reached at clayton.murphy@umconnect.umt.edu. White can be reached at emma.white@umconnect.umt.edu.