The beginning of a legislative session can often be overwhelming, with many bills rapidly introduced and heard in their initial committees. This year is no exception.
Multiple bills were introduced and heard this week in three of Big Sky 55+'s priority categories. (You can click on each to go directly to that section.)
Reauthorizing health care for 80,000 Montanans by removing the sunset on the Medicaid program which will expire at the end of 2025.
Fixing the out-of-control residential property taxes that are driving Montanans out of their long held homes and pushing up the overall cost of rental housing.
Defending our Independent Judiciary: An onslaught of bills attacking our Independent Judicial Branch appeared in both chambers this week.
Join us this Tuesday for our next Legislative Town Hall
Healthy Futures: Saving Montana Medicaid
Featuring:
Dr. Lauren Wilson, pediatrician
Sen. Cora Neumann, member of Sen. Public Health, Welfare & Safety committee
Rep. SJ Howell, vice-chair of House Human Services Committee
Cherie Taylor, president of Logan Health, Cut Bank
Terry Minow, Big Sky 55+ Board Chair
Click here to register!
Montana Health Care Reauthorization
Among the beneficiaries of Montana’s expanded Medicaid insurance for able-bodied adults have been caregivers, whose responsibilities caring for a family member, loved one or friend prevent them from holding full time jobs with health insurance.
Unpaid caregivers provide $1.8 billion worth of unremunerated care for Montanans every year, and many get their health care because of Montana’s Medicaid insurance program.
Medicaid is one of the few ways the State of Montana can help support these heroes who play such an important role in our families and communities.
HB 245 (Rep. Ed Buttrey, R-Great Falls) and HB 230 (Rep. Mary Caferro, D-Helena) were both heard during a marathon five hour session Wednesday afternoon and evening in the House Human Services Committee.
HB 245, is a straightforward, simple removal of the current sunset clause that would end Montana’s expanded Medicaid access on Dec. 31, 2025.
HB 230, also removes the sunset, and adds some important and valuable enhancements:
Simplifying access for eligible Montanans.
Reducing procedural terminations that leave people without coverage.
Bringing Medicaid services closer to rural and underserved areas by reopening local Offices of Public Assistance that were closed in 2017 during a budget crunch.
Creating an advisory board of consumers and caregivers.
According to a recent report from the Montana Healthcare Foundation, Montana Medicaid is an economic engine for the state:
Medicaid enables many people to work. Since Medicaid expansion passed in 2015, overall labor force participation in Montana has increased.
Medicaid in Montana covers 13% of the overall workforce and 26% of all Montana’s food preparation and service workers, who earn a median hourly wage of $13.59.
More than 1,400 cases of cancer were averted due to the preventative screenings, that would not have happened without access to Medicaid.
Enrollees' trips to the emergency room have dropped significantly.
Montana residents have more money to spend, saving households $175 to $300 million that would otherwise have gone to medical bills
Montana has gained approximately 50 primary care physicians and 20 dentists due to Medicaid expansion.
Medical debt in Montana has fallen from 17% in 2015 (when the program was adopted) to 4% in 2023.
“Legislative Fiscal Division estimates that Medicaid expansion has effectively zero impact on state general fund,” according to the report.
TAKE ACTION! Please send a message asking the House Human Services Committee to support HB 230 and HB 245.
Property Taxes
Property taxes basically fund two major areas: local government expenses and public education.
Older adults rely on many of the services provided by local governments including public safety, snow plows, parks and trails, community centers and senior services, and much more.
Many Big Sky 55+ members had the benefits of education in Montana’s excellent public schools, universities and colleges.
Our platform strongly supports quality public schools, public safety, healthy communities and infrastructure, and the quality public places like parks, libraries and senior centers.
Unfortunately, in the past two years, Montana homeowners saw steep increases in their property taxes.
In order to meet this problem head on, we need to understand what is driving these increases.
It is neither overspending on schools and kids, nor is it overspending by local governments.
Three primary factors have driven the property tax increases:
A decades-long gradual shift of the property tax share onto homeowners, as lawmakers doled out tax breaks to large businesses, corporations, and utilities.
The rapid increase in home values during and after the pandemic in many parts of Montana, and population growth in our state, as wealthy out-of -staters bought up properties, inflating residential property values.
Finally, unlike previous legislatures, the 2023 Legislature's choice not to equalize (or balance) the portion of local taxes borne by homeowners, despite being advised of the option by the Department of Revenue.
In November of 2024, the Department again told lawmakers that the equalizing multiplier would need to be reduced to avoid homeowners being hit with yet another large property tax increase.
Without legislative action this year, homeowners can expect an ADDITIONAL 21% (statewide average) property tax hike in 2025 (according to the MT Dept. of Revenue).
Montana homeowners are angry and crying out for relief.
Several big bills to address the property tax issue were heard this week in the House Taxation Committee:
HB 213 - Rep. Ed Byrne, Big Fork - This bill simply revises the property tax rate to 0.76% for residential property, returning it to its pre-2023 balance level. This equalization by changing the multiplier is what the Legislature has done historically to address housing value bubbles.
The bill is supported by former aides of Governor Brian Schweitzer, including Bruce Nelson, Ann Brodsky, and Evan Barrett, and former House Taxation Vice Chair Mike Jopek of Whitefish.
They argue that because the legislature failed to change the multiplier in 2023, homeowners have now absorbed $500 million additional dollars, while other property classes such as utilities, pipelines, and large corporations have experienced a windfall of lowered taxes.
SB 189 is a similar bill proposed in the Senate by Sen. Mary Ann Dunwell, but no hearing is yet set for that bill.
HB 154 - Rep. Jonathan Karlen, Missoula - "A Housing Fairness Income Tax Credit for Property Taxes and Rent Equivalent Property Taxes"
This bill is targeted tax relief.
It provides an income tax credit to middle and lower income homeowners and includes a benefit for renters, who otherwise get no relief, even though property taxes increases are passed into rents.
The eligible household income cap is $150,000, and the credit is applied based on a sliding scale, based on household income.
HB 155 - Rep. Mark Thane, Missoula
This is a graduated, tiered, and targeted property tax reduction combined with a $50,000 homestead exemption for all qualified homeowners.
The proportional reduction is targeted over seven tiers – a larger reduction percentage for lower home values.
On a home valued at $750,000 with a $4,000 tax bill, Thane’s plan would yield a reduction of $1,100, or 27%.
The highest tier would tax homes above $2 million at 2%.
It also includes a “Main Street” homestead exemption and tiered property tax reduction for small businesses.
Additional revenues are equalized with the industrial, utility and corporate classes, rebalancing the windfall those classes experienced with the 2023 residential increases.
HB 231 - Rep. Llew Jones, Conrad -
This is the Governor’s proposal to address property tax increases by exempting homes valued under $1.3 million.
It proposes a “homestead exemption” for occupied residential and shifts all of the cost to other residential and small businesses (as opposed to large industries, utilities and corporations).
The homestead exemption amounts to a lowered rate of 1.1% for some types of residential property and a higher rate of 1.9% for larger properties over $1.5 million in value.
The higher rate also applies to properties that are lived in less than seven months yearly, short term rentals, and in-state second homes.
It provides a similar lower tax exemption for commercial properties that are valued at up to four times the median commercial value.
The bill essentially “bakes into the cake” most of the tax increase homeowners felt in 2023. (To get to pre-2023 share of the property tax, homes would need to be assessed at .76%.) It sets up a complicated, cumbersome bureaucratic process to qualify, not unlike the hoops many found challenging to apply for property tax rebates in the last two years.
All of these bills were opposed by the Montana Taxpayers Association (which represents large commercial and industrial interests) and some, including the Governors’ bill, were opposed by oil and gas producers and the Montana Chamber of Commerce.
Big Sky 55+ supported HB 213, HB 154, and HB 155; but raised concerns with HB 231, which does not address the cost shift from large industries onto homeowners and does not target tax relief to those in middle and low income income brackets who are most harmed by the inflationary property tax pressures. It also does not address any relief for renters, who experience the heightened property taxes in the form of increased rents. While it cuts taxes for landlords who provide long term rentals, there is no requirement that renters see any benefit from that lower tax rate.
Defending our Independent Judiciary
Juggernaut of bills intrudes on the Independence of Montana's Judiciary
Bills to reshape Montana’s judicial system, politicize it, and make it subservient to the executive and legislative branches of government are, mostly, flying through both chambers like a hot knife through butter.
Almost all bills have seen party-line lockstep votes as they come out of Judiciary Committees in both houses and come to the full Senate and House chambers.
Below are bills that have come out of committee. A handful have garnered some pushback within the Republican caucus, largely from members who are trained in the legal profession.
(This is a long list! Make yourself some tea!)
[Big Sky 55+ OPPOSES all of these bills.]
HB 30 - Rep. Lee Deming (R-Laurel) would require a high burden of proof before the Montana Supreme Court could judge a law unconstitutional. By giving greater deference to legislative acts, the bill could shift the balance of power, diminishing the judiciary's role as a co-equal branch of government tasked with interpreting the Constitution. The bill died on a tie vote late in the week, but is coming back to the full House after a motion to reconsider passed 52-46 (with two members absent).
HB 35 - Rep. Fiona Nave (R-Columbus) would move the Judicial Standards Commission out of the Judicial branch and into an executive branch agency, the Department of Justice. It passed out of the House on a 59-38 vote on Friday.
HB 36 - Rep. Fiona Nave would disallow judges to chair the Judicial Standards Commission. It passed its final vote in the House on Friday, 58-39.
HB 39 - Rep. Tom Millett (R-Marion) would repeal the law that prohibits political parties from contributing to judicial candidates. It passed the House by a vote of 57-43, with one Republican (Rep. George Nikolokakus of Great Falls) and all the Democrats opposing it. The bill is now in the Senate Judiciary Committee awaiting hearing.
HB 65 - Rep. Lee Deming - would audit the State Bar of Montana. It passed 2nd reading on Thursday by a close vote of 51-49, with 7 Republican no votes - mostly attorneys. But then it was put back on 2nd reading so an amendment could be put on it that would presumably save it from dying on 3rd (or final) reading in the House.
SB 20 - Sen. Jason Ellsworth (R-Stevensville) - would prohibit retired judges from hearing constitutional cases. When a Justice has to recuse him or herself, sometimes retired judges are called in to sit with the Court. The bill passed out of the Senate Judiciary Committee on a party line vote and will be in front of the full Senate in the next few days.
SB 21 - Sen. Barry Usher (R-Billings) - would allow legislative and executive leadership to “vacate a writ of mandamus” -- basically letting the other branches ignore certain court orders whenever they feel like it. It passed out of the Senate Judiciary Committee on a party line vote and is headed to the full Senate for floor votes this week.
SB 30 - Sen. Tom McGilvray (R-Billings) - would limit who could be called on to sit on a case when a judge has a conflict of interest. It passed out of the Senate Judiciary Committee on a party line vote and will be in front of the Senate in the next few days.
SB 40 - Sen. Greg Hertz (R-Polson) - would revise Supreme Court public records laws by opening deliberations and files to the public. It passed out of the Senate Judiciary Committee on a party line vote and will be in front of the Senate in the next few days.
SB 42 - Sen. Daniel Emrich (R-Great Falls) - would provide for the partisan election of judges and justices. It was heard on Jan. 16 with a broad-based line-up of opponents including Friends of the Third Branch and the Montana Bar Association and many others. It has not been acted on by the Senate Judiciary Committee yet.
SB 43 - Sen. Daniel Emrich - would generally revise injunctive powers of the judiciary. It constrains judicial tools to address systemic issues, particularly in cases where a statute's enforcement has widespread constitutional implications. It was heard Jan. 14 and has not yet been voted on by the Senate Judiciary Committee.
SB 44 - Sen. Daniel Emrich - would generally revise laws regarding the separation of powers doctrine. It essentially attempts to throw out the long standing precedent established in 1803 by Marbury v. Madison that the Courts are the branch that interprets the Constitution and determines which laws comply within those limits. The bill also attempts to gut the independence of the Montana Board of Regents by statute, a provision clearly established in Montana’s 1972 Constitution, thereby subjecting Montana’s higher education to micromanagement and politicization by the Legislative and Executive branches. It was dramatically altered by and amended in Committee to simply assert that the language in the Constitution on separation of powers is in effect. It then passed out of Committee and will come before the full Senate. As amended, it does nothing to the status quo, but remains a vehicle for some bad amendments moving forward.
SB 45 - Sen. Tom McGilvray would create a judicial performance evaluation commission and system. Again, it puts the legislative and executive agencies inappropriately into the oversight of the independent judiciary It was heard in the Senate Judiciary Committee, and has not yet been acted on.
SB 48 - Sen. Carl Glimm (R-Kila) - would revise Judicial Standard Commission complaint processes to allow a citizen to make public the citizen’s complaints concerning a judge. The bill passed out of the Senate Judiciary Committee on a party line vote on Friday and will be coming before the full Senate soon.
SB 49 - Sen. Barry Usher (R-Billings) - exempts lawyers serving in certain public offices from professional disciplinary measures and proceedings, for actions taken while
in office. A recent case involving Attorney General Austin Knudsen, who has been subjected to disciplinary review for ignoring court orders, is the obvious impetus for this bill. Knudsen told the Court during his first term to more or less pound sand while ignoring a court issued an order. Members of the Bar are officers of the Court and held to certain standards of discipline and behavior for which they can be disciplined or lose their law license.
SB 52 - Sen. Tom McGilvray - creates a new Montana Court of Chancery that will handle cases related to constitutional law, land use, and business law, including disputes involving contracts, business transactions, shareholder actions, trade secrets, and certain financial disputes. It’s an expensive and cumbersome way to sidestep the Montana Supreme Court and relegate the court to a backwater of legal authority. Judges would be appointed by the Governor and receive salaries 20% higher than Supreme Court associate justices. It clearly exceeds Legislative constitutional authority in rewriting the clearly delineated constitutional role of the Montana Supreme Court. The bill will be heard on Tuesday in the Senate Judiciary Committee.
Additional bills are in the pipeline, either still in drafting or referred to a committee but not yet heard or scheduled for hearings.
Further reading!
Below is an excellent review of this juggernaut of bills by Billings attorney Doug James.
THANK YOU FOR READING!
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