We returned on Monday (March 17) from the break ready to begin the race to the “revenue transmittal” deadline of April 4. We were off and running with a large number of workers’ compensation bills on the agenda.

What Happened Last Week

The following workers’ compensation bills were all heard in senate committees and passed during the week. They will be debated on the Senate floor next week:

HB 143 Revise definition of treating physician for Worker’s Compensation to include PA without regards to proximity of other providers
Sponsored by Rep. Jodee Etchart, physician assistants are often less expensive and quicker to get in to see. NFIB supports HB 143.

HB 367 Revise WC laws relating to travel and reimbursement
Sponsored by Rep. Ed Buttrey. As many employers now pay mileage or a base amount for mileage to their employees for travel, this clarifies that by doing this, the employee is not automatically covered by WC any time they are in that vehicle. NFIB supports HB 367.

HB 428 Revising provisions related to workers compensation
Sponsored by Rep. Morgan Theil, this bill attempts to further define when an employer is not responsible for WC when using sub-contractors.

HB 516 Move worker’s compensation court to judicial branch
Sponsored by Rep. Ken Walsh

Also in the Senate

SB 308 Revising WC insurance laws to remove the limitation on benefits to the state’s weekly average wage
Sponsored by Sen. Derek Harvey, SB 308 would have increases WC benefits and cost to employers. Because of that cost, NFIB testified in opposition to the bill. In the end, the Senate Finance & Claims TABLED the bill.

In Other Workers’ Comp News

HB 197 Revising WC laws relating to when the employee is released to return to work
Sponsored by Rep. Anthony Nicastro, HB 197 was slightly amended by the Senate and passed 35-14. The House then accepted the amendments by a vote of 59–39, and it is headed to the Governor’s desk for a signature. This eliminates some of the paperwork that slows down the return-to-work process when the employee is able to work with no restrictions. NFIB supports HB 197

SB 109 Revise WC definition of treating physician to include Physical Therapists
Sponsored by Sen. Greg Hertz, and the House Business & Labor Committee passed SB 109, and it will now be debated on the House floor next week– NFIB monitored the measure.

In Unemployment Insurance News

HB 210 Revise laws relating to UI program collection rates and uses
Sponsored by Rep. Steve Fitzpatrick, HB 210 was heard in Senate Business & Labor and passed out of committee. It was then debated on the Senate floor and passed and is now headed to a hearing in Finance & Claims on the fiscal note. NFIB supports HB 210.

On the Tort Reform Front

HB 302 Revising punitive damage laws and procedures
Sponsored by Rep. Anthony Nicastro, HB 302 was heard in the Senate Judiciary Committee on Tuesday (March 18) but the committee has not yet acted on the bill. This bill requires more evidence presentation in order to claim punitive damages.  NFIB supports HB 302.

SB 143 Generally revise civil liability laws relating to statutes of limitations for certain actions
Sponsored by Sen. Greg Hertz, SB 143 was heard in House Judiciary on March 18 and the committee voted to pass the bill. It will be debated on the House floor next week. This reduces the statute of limitations for the contractor’s liability for work done on real property from eight and 10 years to six years. NFIB supports SB 143.

Other Issues Important to Small Business

The following bills were heard in Senate committees during the week and passed. They will all be debated on the Senate floor next week.

HB 443 Repeal county licensing of transient retail businesses
Sponsored by Rep. Braxton Michell, NFIB monitored the measure.

HB 463 Revise business laws relating to conversion of certain business entities
Sponsored by Rep. Steve Fitzpatrick, HB 463 attempts to make it easier for a small business to convert from one tax filing status to another. NFIB is monitoring the measure.

HB 530 Generally revise business laws – sponsored by Rep. Steve Fitzpatrick – This attempts to make it easier to move a business into Montana.  Remember, that when referring to a “foreign” business at the Secty of State, it is any business that is filed outside of Montana.  NFIB is monitoring.

And in the House

SB 19 Revise sentencing laws related to theft
Sponsored by Sen. Barry Usher, had a very short but positive hearing in the House Judiciary Committee on March 21. This makes shoplifting and writing bad checks a punishable crime again. The committee has not yet taken action. NFIB supports.

And in our One Less Positive Action of the Week

HB 477 Phase out polystyrene single use food containers
Sponsored by Rep. Marilyn Marler, HB 477 passed the House floor on second reading, 56-43. NFIB opposes HB 477 as an unnecessary government regulation of private business. It will need a final vote on the House floor on Monday (March 24)and then the process will start over in the Senate.

The Week Ahead

Tuesday, March 25, 9 a.m. House Tax Committee
HB 844 Revise taxation of class 8 Business Equipment
Sponsored by Rep. Mike Vinton, HB 844 is a second option if Gov. Greg Gianforte’s proposal is too expensive for the budget. It removes any item that costs less than $250 from the business equipment reporting and increases the exempt amount from $1 million to $1.75 million.

Senate Finance & Claims Committee
HB 210 Revise laws relating to UI program collection rates and uses
NFIB is supporting this measure sponsored by Rep. Steve Fitzpatrick.

Wednesday, March 26, 8 a.m., House Business & Labor Committee
SB 528 Revising laws related to credit card transaction fees
Sponsored by Sen. Jeremy Trebas. While making credit card transaction fees statutorily allowed, it limits them to 3% and requires that they be fully disclosed prior to the completion of the transaction. NFIB monitoring.

8 a.m. House Judiciary Committee
SB 329 Require employers to use e-verify for employment eligibility
Sponsored by Sen. Forrest Mandeville.  NFIB opposed this bill as over-burdensome for small business.  he Senate floor amended the bill to only apply to those businesses that employee 50 or more employees. However, it still contains the highest fines in the nation for non-compliance.

Thursday, March 27, 9 a.m. Senate Tax Committee
SB 322 Increase the business equipment tax exemption
Sponsored by Sen. Josh Kassmier. SB 322 would increase the amount of business equipment exempt from taxation from $1 million to $3 million. NFIB supports SB 322.

Prior Legislative Reports   

— March 15: Legislature at Midway Point of 2025 Session

— March 1: Montana Legislature Shifts into Overdrive

— February 14, 22: Weekly Legislative Update

— February 7: NFIB Tracking Nearly 30 Measures Important to Small Business for Support, Opposition, or Tracking

— February 2: NFIB-Supported Unemployment Insurance, Workers’ Comp Bills Advance

— January 26: Legislature Simmers Down, Settles into Normal Pace

— January 20: Governor’s Property Tax Proposal Starts Legislative Run

— January 12: Chaotic Start to the 2025 Legislative Session

— January 6: Montana Legislature Starts its 2025 Session