March 7 marked the halfway point of the 2025 Legislature. This is the date that all General Bills must have passed through their originating chamber (either the Senate or the House) in order to remain ‘alive’ in the process. If they failed to meet this deadline, they are considered ‘dead’ for this session. Bills that involve money – either spending or taxing – have a few more weeks to cross this hurdle.

Many of the bills NFIB is tracking needed to make the March 7 deadline. We are only tracking one bill that has not yet had a hearing – Business Equipment tax reduction.

Bills Still In Play

Workers Compensation

HB 143 Revise definition of treating physician to include PA without regards to proximity of other providers
Physician assistants (Pas) are often less expensive and quicker to get in to see. This bill passed the House floor 98–0 and is scheduled to be heard in Senate Public Health on March 19 at 3:00. Sponsored by Rep. Jodee Etchart, NFIB supports HB 143.

HB 197 Revising WC laws relating to when the employee is released to return to work
Sponsored by Rep. Anthony Nicastro, HB 197 eliminates some of the paperwork that slows down the return-to-work process when the employee is able to work with no restrictions. This bill passed the House 58 -42, was heard in Senate Business & Labor and passed out of committee 12 – 0, It will debated on the Senate floor next week.  NFIB supports the measure.

HB 367 Revise WC laws relating to travel and reimbursement
Because many employers now pay mileage or a base amount for mileage to their employees for travel, HB 367, sponsored by Rep. Ed Buttrey, clarifies that by doing this, the employee is not automatically covered by workers’ compensation any time they are in that vehicle. This passed the House 98–0 and will be heard in Senate Business & Labor Committee March 18.  NFIB supports HB 367.

HB 428 Revising provisions related to workers compensation
Sponsored by Rep. Morgan Thiel, HB 428 attempts to further define when an employer is not responsible for WC when using sub-contractors. Passed the House unanimously and will be heard in Senate Business & Labor committee on March 18. NFIB monitored.

HB 516 Move workers’ compensation court to judicial branch
Sponsored by Rep. Ken Walsh, HB 516 passed the House 95-2 and has been referred to Senate Business & Labor Committee. No hearing date has been set. NFIB monitored.

SB 109 Revise WC definition of treating physician to include Physical Therapists
Sponsored by Sen. Greg Hertz, SB 109 passed the Senate 50–0 and is scheduled to be heard in House Business & Labor Committee March 20^. NFIB monitored.

SB 308 Revising WC insurance laws to remove the limitation on benefits to the state’s weekly average wage
Sponsored by Sen. Derek Harvey, HB 308 would increase WC benefits and cost to employers. It was heard in Senate Business & Labor where it was slightly amended and then passed the Senate floor 25–24. It must now go to Finance & Claims to have the fiscal note approved. This hearing will be March 19^. NFIB opposes this bill.

Unemployment Insurance

HB 210 Revise laws relating to UI program collection rates and uses
Sponsored by Rep. Steve Fitzpatrick, HB 210 creates a new, lower-fee tier in unemployment insurance (UI) and should reduce many small business UI rates. This passed the House unanimously and will be heard in the Senate Business & Labor Committee March 17. NFIB supports HB 210.

General Employment Issues           

HB 226 Provide for legal employment and government accountability review
Sponsored by Rep. Courtenay Sprunger, HB 226 allows employers to use either I-9 or E-Verify, but it gives the MT Department of Labor the ability to check I-9 forms when inspecting a business’ records. This passed the House 87-13 and has not yet been assigned a Senate committee.  NFIB monitored

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. The Senate floor amended the bill to only apply to those businesses that employee 50 or more employees. The bill then passed 43–7. However, it still contains the highest fines in the nation for non-compliance. It has been referred to House Judiciary but no hearing date has been set.

Tort Reform

HB 302 Revising punitive damage laws and procedures
Sponsored by Rep. Anthony Nicastro, this bill requires more evidence presentation in order to claim punitive damages. It has passed the House 52-47 and will be heard in Senate Judiciary March 18^. 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 reduces the statute of limitations for the contractor’s liability for work done on real property from 8 and 10 years to 6 years. It passed the Senate 47–2 and is scheduled to be heard in House Judiciary March 18.  NFIB supports SB 143.

Taxes

HB 489 Revise sales tax laws to provide local option tax
Sponsored by Rep. Greg Oblander, it was heard in House Local Government. Because it is a tax bill, it has not yet been acted upon.  NFIB opposes the measure.

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.  This will have its’ first hearing in Senate Tax on Wednesday, March 19^th at 9:00.  NFIB supports

Miscellaneous Issues

HB 443 Repeal county licensing of transient retail businesses
Sponsored by Rep. Braxton Michell, HB 443 passed the House 63–35 and is scheduled to be heard in Senate Local Government March 21. NFIB monitored.

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. It passed the House 99–0 and has been referred to the Senate Business & Labor Committee. No hearing date is set. NFIB is monitoring the bill.

HB 477 Phase out polystyrene single use food containers
Sponsored by Rep. Marilyn Marler, HB 477 passed out of House Natural Resources 12-2. Because it has fines associated with it, it is considered a Revenue Bill and has not yet been debated on the House floor. NFIB opposes HB 477.

HB 530 Generally revise business laws
Sponsored by Rep. Steve Fitzpatrick, HB 530 attempts to make it easier to move a business into Montana.  Remember, that when referring to a “foreign” business at the Secretary of State’s office, it is any business that is filed outside of Montana. HB 530 passed the House 96–2 and has been referred to the Senate Business & Labor Committee but no hearing date has been set. NFIB is monitoring.

SB 19 Revise sentencing laws related to theft
Sponsored by Sen. Barry Usher, SB 19 makes shoplifting and writing bad checks a punishable crime again. This passed the Senate 34–16 and has been referred to the House Judiciary Committee but no hearing date has been set. NFIB supports SB 19.

SB 418 Generally revise laws relating to home based businesses
Sponsored by Sen. Ellie Boldman, SB 418 bill will prevent local governments from banning home-based businesses. It passed the Senate 47–2 but has not yet been assigned to a committee in the House.  NFIB supports the bill.

SB 528 Revising laws related to credit card transaction fees
While making credit card transaction fees statutorily allowed, SB 528 limits them to 3% and requires that they be fully disclosed prior to the completion of the transaction. Sponsored by Sen. Jeremy Trebas, SB 528 passed 29–21 in the Senate but has not yet been assigned a House committee. NFIB monitored.

Bills NFIB Opposed No Longer with Us

— HB 160 Repeal uniform auxiliary container regulation laws. Tabled in committee.  This is the law that prevents local governments from regulating containers.

— HB 290 Regulate sales of certain products containing PFAs. Tabled in committee.

— HB 297 Establish requirement for paid sick days. Tabled in committee.

— HB 484 Revise minimum wage laws to provide increases. Tabled in committee

— HB 727 Revise workers’ compensation laws relating to competitive markets. Tabled in committee.

— HB 805 Generally revise workers’ compensation law Tabled in committee

— SB 291 Revising laws related to workers’ compensation definition of wages. Tabled in committee.

— SB 295 Restoring the right of injured worker to choose their own doctor. Tabled in committee.

— SB 313 Revise laws relating to wage transparency. Tabled in committee.

— SB 325 Creating family and medical leave act.

Bills NFIB Supported No Longer with Us

HB 131 Revising the duration of unemployment insurance benefits
Sponsored by Rep. Kerri Seekins-Crowe, HB 131 was tabled in the House Appropriations Committee after passing the House floor 56–44. It would have SAVED the Unemployment Insurance fund over $5 million per year.

Bills NFIB Tracked Failing to Make the Cut

HB 319 Prohibit employer requirements for employees to attend controversial social vision training
Sponsored by Rep. Steven Kelly, the bill was tabled in committee.

Bills That Made it Through Entire Process

HB 40 Repeal small business compliance assistance council
Sponsored by Rep. Julie Darling at the request of DEQ, the department felt that it would be more useful to have a single staff person to assist small business rather than a committee that met quarterly. Gov. Greg Gianforte has signed this legislation.

Prior Weekly Reports 

— 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