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

Montanans Impassioned About Proposed Resolution to Release Federal Wilderness Study Lands 

HELENA – A proposed resolution to release federal wilderness study lands sparked nearly two hours of passionate testimony in the Senate Energy Committee on March 25.

Sen. Tony Tezak, R-Ennis, the sponsor of Senate Resolution 14, argued Montana’s federal wilderness study lands are unmanaged areas rich with resources made inaccessible because of federal regulations.  

“The wilderness study areas in these resolutions contain vast amounts of natural resources, which are critical to our national security and energy needs,” Tezak said. “Development of these resources provide jobs for the people who live in these small communities.”

Mel Montgomery, one of the eight proponents at the hearing, said while he supports wilderness, he’s found the wilderness study areas to be a hindrance because they are in limbo. He asked the committee to think about the “vast menu of options” that Montana could use to manage these lands.

“We’ve got local economy to think of,” Montgomery said. “We’ve got really rural schools like Lima High School. It can’t hardly fund itself anymore through the way rural schools are funded, and we can’t afford to lock up land that could be used for other purposes.”

But the dozens of opponents at the hearing said the release of these lands is a rash action that disregards the vast benefits of these areas. Micah Fields, representing the Montana chapter of Backcountry Hunters and Anglers, said SJ 14 will threaten necessary habitat for wildlife when these roadless areas are thriving.

“Remember that you are the voice for these places, just like I’m trying to be today,” Fields said. “You are the ones making decisions that affect the animals and habitat that call these places home. Imagine the special place in your memory of Montana’s public land, stripped of its protection, crisscrossed with roads mined, developed into subdivisions and exploited for a short-term buck.”

Joanne Gores, representing Wild Montana, added that there are many collaborations at work in Montana to try to find better management solutions for the wilderness study areas. She said the better solution is to aid those collaboratives in their own assessments of these lands.

“We need to let each undergo its own assessment by those who know it best,” Gores said. “And those collaborative groups are already well into the process, as you’ve heard a number of times this afternoon. What we should be asking, is how can we help?”

Bill Seeks to Increase Transparency in Indian Education for All Funding

HELENA – After a series of tight votes in the Senate, the House of Representatives is considering a bill that would create a reporting system for Indian Education for All funds in Montana’s public schools in an effort to increase transparency. 

During the last legislative session, Sen. Jonathan Windy Boy, D-Box Elder, the sponsor of Senate Bill 181, said he learned that 150 of the 403 state districts were either not reporting or underreporting the funds used in the Indian Education for All program. 

“If you get a dollar, then you should provide a report for what you’re spending it on,” Windy Boy said during a House Education Committee meeting last week. “And so this is about accountability. This is about transparency.”

Montana schools are constitutionally mandated to include instruction on the history and culture of Montana’s tribes.

Alissa Snow, representing the Blackfeet Tribe, the Fort Belknap Indian Community and the Chippewa Cree Tribes of Rocky Boy, said the bill helps protect the program and adds another key element.

“In an effort to establish accountability, HB 181 adds the requirement that Montana Tribal Nations and consulted regularly, recognizing that tribal nations are the best stewards of Indigenous knowledge, and therefore have experience and knowledge necessary to contribute to and guide the implementation of Montana Indian Education for All,” Snow said.

Doug Reisig, executive director of the Montana Quality Education Coalition, also spoke in support of the bill but suggested an amendment to adjust funding scales for the program. 

“I think it is at least a statement that we are serious about providing professional development that is ongoing to truly reach what Senator Windy Boy is talking about, that each and every school district provide credible educational opportunities on Indian Ed. for All for students,” Reisig said.

The bill passed the Senate on a 29-20 vote before moving to the House. There were no opponents in the House hearing last week and the committee advanced the bill to the full House on a unanimous vote.

Legislators Consider a Ban on Prior Authorization for Psychiatric Medication When in Shortage

HELENA – The House Business and Labor Committee heard testimony in support of a bill March 24 aimed at minimizing wait times for psychiatric medications because of insurance prior authorization struggles when there is a shortage of the medication.

Prior authorization happens when an insurance company requires approval of a treatment or a medication before it can be given to a patient. Sen. Dennis Lenz, R-Billings, is sponsoring Senate Bill 317, and said if a patient typically takes a brand of a drug that is in shortage, they often need to go back through the process of prior authorization before getting a different brand, leading to delays. The bill, which passed the Senate earlier this month on a 49-1 vote, would mandate that insurance companies cover the replacement medication immediately. 

Matt Kuntz, executive director of the National Alliance on Mental Illness in Montana, spoke in support of the bill, saying prior authorization is an additional struggle for people with mental illnesses.

“That really is something that affects your ability to manage through the daily challenges of everyday life, and this is just a clear path to help them get to a better spot,” Kuntz said.

Jon Metropoulos of the Montana Psychiatric Association also spoke in support of the bill, saying delays in receiving psychiatric medication can have serious consequences.

“The problems that come up when people are delayed because of prior authorization can be devastating to families and the individuals throughout are suffering from mental health issues,” Metropoulos said.

SB 317 drew no opposition at the hearing.

Senate Standstill over Ellsworth Ethics

HELENA – The decision of how to discipline former Senate president and sitting Senator Jason Ellsworth, R-Hamilton, came to a stalemate this week, with neither side giving any indication of surrender.

The Senate Ethics Committee was convened after the revelation that in the final days of his presidency in late December, Ellsworth had entered into a $170,000 contract with his long-time friend and business associate to investigate the implementation of judiciary bills after the 2025 session concluded. The committee published its findings last week, after three days of hearings. The committee report found that Ellsworth failed to disclose a personal relationship with the contract signer, Bryce Eggleston of Agile Analytics.

Senators voted down two options for disciplining Ellsworth on March 24: Expulsion or censorship. The expulsion avenue, proposed by Chair of the Senate Ethics Committee, Sen. Forrest Mandeville, R-Columbus, failed on a 27-23 vote. Expulsion requires two-thirds of the chamber to agree.

“The Senator used his position as Senate president to attempt to steer tens of thousands of dollars, over $170,000, to his friend, up front, without work having been performed, and without disclosing that he had a relationship with the contractor,” Mandeville said.

Sen. Greg Hertz, R-Polson, strongly supported the motion to expel Ellsworth, saying Ellsworth had abused his position for a long time without punishment. He referenced a 2021 incident in which Ellsworth attempted to use his position to get out of a speeding ticket, threatening the officer with calling state officials over the traffic stop. Ellsworth pleaded guilty later that year to obstructing a peace officer.

“This behavior will not stop unless we stop it today,” Hertz said. “He will continue to do this to other people. This behavior should not be allowed in this legislative body, or to anybody.”

Sen. Josh Kassmier, R-Fort Benton, proposed the opposite motion to censure Ellsworth, which also failed on a 23-27 vote. His proposed censure would mean removing Ellsworth from the Finance and Claims and the Executive Oversight committees, disqualifying Ellsworth from serving on any interim or administrative committees for the next biennium, and temporarily suspending his floor privileges. Kassmier said while the actions of Ellsworth were certainly wrong, they did not rise to a level that requires expulsion. He cautioned against a “politically motivated punishment” that would set a precedent for later sessions.

“We need to be thoughtful about our approach today,” Kassmier said. “This vote establishes a lasting precedent. For me, expulsion is a step too far.”

Sen. Christopher Pope, D-Bozeman, also spoke in support of a censure. Pope pointed out that in the history of the U.S. House of Representatives, they have expelled members only six times. He said that while it is the Senate’s job to uphold integrity, professionalism and transparency, it must also practice “fairness and proportional consequence” when making decisions.

“Consider that that’s a part of our charge,” Pope said, “to be fair and proportional, and to consider that our fallen comrade is possibly going to repair and redirect and become the citizen and the outstanding human being that we all hope him to be.”

There is no word from the Senate on how this case will proceed in the coming days.

House Committee Hears Bill to Strengthen Consumer Data Privacy Protection

HELENA – A bill working its way through the Montana Legislature would close loopholes in the Montana Consumer Data Privacy Act and strengthen online data protections for children over the age of 13.

Sen. Daniel Zolnikov, R-Billings, is carrying Senate Bill 297, which passed the Senate with unanimous support before moving to the House for debate. Zolnikov told the House Judiciary Committee on March 25 that the bill is closely modeled after a recent Connecticut law that requires online sites to be cognizant and take precautions to prevent minors over 13 who use their sites from having their information exploited.

“There are a lack of protections for this age group,” Zolnikov said. “They are profitable. You can market specifically to them.”

The bill would also close a loophole in Montana’s law that allows many financial institutions to be exempt from protections against data collection by specifying that only banks can be exempt from these regulations.

Eric Rosenkoetter from the Receivables Management Association spoke in opposition to that part of the bill. He said non-bank businesses like check-cashing businesses, accountants and real estate appraisers would bear the burden when there are already federal regulations to prevent misuse of personal data.

“The point is that non-bank financial institutions shouldn’t be treated differently, because they’re subject to the very same federal regulations and requirements as banks or depository institutions,” Rosenkoetter said.

But Zolkinov said that is precisely the loophole the bill was trying to close, since many businesses can be considered financial institutions.

Proposed Legislation Would Create Licensure for Community Health Workers

HELENA – Supporters of a bill to create a new professional certification for community health workers told a House committee on March 28 that it would help Montanans get quality healthcare in underserved communities.

A community health worker is a volunteer or paid worker with intimate knowledge of their community and of public health, who helps support community members and connect them with healthcare resources. Rep. Ed Buttrey, R-Great Falls, who sponsors House Bill 850, said Montana’s medical facilities are turning to community health workers to help meet patients’ needs as workforce shortages continue.

“A CHW certification is the first step in recognizing the value of this type of professional, and ensuring to employers that the individual is well trained and has the competencies to interact one-on-one with patients,” Buttrey said.

In addition to licensing, the bill would also allow community health workers to be reimbursed through Medicaid. 

Margaret Hammersla, a nurse practitioner and cancer researcher, testified in support of the bill as a private citizen. She said it is an important step that could help rural citizens access care within their homes and communities.

“By licensing and reimbursing community health workers, this legislation could make more accessible and or make community health workers more accessible and effective,” Hammersla said. “Without it, rural communities and community support organizations such as Cancer Support Community Montana really struggle to provide these important services.”

There were no opponents at the bill’s first hearing on March 28.

Senate President Cleared of Waste, Fraud and Abuse by Legislative Auditor

HELENA – A report released last week from the Legislative Audit Division has cleared Senate President Matt Regier, R-Kalispell, of allegations of waste, fraud and abuse stemming from a press report about him hiring a private attorney for government work, but the matter is far from settled.

The Montana Free Press reported on Regier’s contract with an attorney while Speaker of the House in 2023. That report sparked a motion by Sen. Shelley Vance, R-Belgrade, to refer Regier to the Senate Ethics Committee but the Senate ultimately decided to send the case to the Legislative Auditor instead. 

Regier criticized the Montana Free Press report last week for “inaccuracies, contradictional claims, and baseless innuendo.” In a press conference on March 26, Regier called for an immediate retraction of all incorrect information and baseless statements in the article. 

“The one news story, and that news story only, was the citation that Senator Shelley Vance gave. She made the motion on the Senate floor to investigate me over these intentionally misleading allegations,” Regier said.

The Montana Free Press responded in a story later that day. Editor John Adams said the organization stands by its reporting.

“The auditor’s findings confirm the accuracy of our original reporting, which detailed the timeline, scope and funding of the contracts in question and reflected the fact that those actions were the subject of public and legislative scrutiny. The story did not allege misconduct by any individual. It accurately reported on the public processes and policies involved,” Adams said.

The following day in the Senate, Vance said she submitted a request to the Office of Public Information to receive all material investigated in the legislative audit into Regier’s actions. She said her findings appear to show that the legislative auditor requested no information from the Department of Administration during his investigation. She added that according to the auditor, only three people were interviewed in his investigation. Vance said the report made “erroneous conclusions not based in law,” and “the many holes in the legislative auditor’s report leave more questions.”

“I caution this body not to take the legislative auditor’s findings as the final word on the matter, particularly when the integrity of this body is at stake,” Vance said. “I’m troubled by the shaky foundation of the legislative auditor’s report.”

Vance requested to refer the matter to the Senate Rules Committee, where they would decide if an ethics committee was necessary to investigate Regier’s actions. Sen. John Esp, R-Big Timber, opposed the motion, saying the reason for the lack of involvement from the Department of Administration was that Regier’s contracted work never rose above the limit in legislative procurement rules. Esp said the matter was clearly investigated.

“This is just a waste of time that the senator’s suggesting, and we’ve already had so much staff time dedicated to this problem,” Esp said.

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.