January 26, 2025
Bill repealing state’s prohibition on local governments regulating containers defeated with NFIB’s help
State Director Ronda Wiggers reports from Helena on the legislative and political week ending January 24
I am happy to report that Week 3 of the legislative session had no unusual chaos. The Senate began a regular hearing schedule and is now working to get caught up.
Review of Last Week
— House Bill 131 Revise duration of Unemployment Insurance Benefits
Sponsored by Rep. Kerri Seekins-Crowe, HB 131 lowers the number of weeks that a person can collect unemployment from 24 weeks to 20 weeks. The committee has not yet acted on this bill, but it is expected to pass out in the coming week for full floor debate.
— House Bill 64,, a bill to make the Montana Department of Environmental Quality process to assist small businesses that must comply with the Clean Air Act a bit more user friendly, passed the House on a 99-1 vote on Thursday (January 23). Rep. Julie Darling is the sponsor.
— House Bill 160 Repeal uniform auxiliary container regulation laws
Sponsored by Rep. Ed Stafman, HB 160 was tabled on Wednesday (January 22) in the House Local Government Committee. This bill would have repealed Montana’s law that does not allow local governments to regulate containers. NFIB testified against the repeal. Statewide conformity is best and small business does not need regulation on what type of containers they are allowed to use.
— House Bill 210 Revise laws relating to Unemployment Insurance Program Collection Rates
Sponsored by Rep. Steve Fitzpatrick, this bill will create a lower tier of UI premiums. Currently, Montana is in the lowest schedule allowed by law and the fund is actuarily sound. Just reducing what is paid out does not reduce premiums. This bill will allow premiums to go down. NFIB supported this bill on Wednesday (January 22). Although the committee has not yet voted, we believe it will pass out and be on the floor for debate this upcoming week.
— House Bill 197 Revise Worker’s Compensation relating to when the employee is released to work
Sponsored by Rep. Anthony Nicastro, this bill is intended to speed up the time between when an injured worker is released to go back to work and when they can actually go back to work. Prior to an adverse court ruling, when an employee was released for full duty, with no restrictions, they could simply go back to work. A court ruling created a loophole where the employee needs to go thru a check-in type process that can take a month or longer. This bill corrects that ruling. NFIB supported the bill on Wednesday in the House Business & Labor Committee. The committee has not yet voted on the bill.
On Other Legislation
We monitored a number of property tax bills and offered our support to Gov. Greg Gianforte’s proposal, House Bill 231 – Revise Property Tax Rates for Certain Property, sponsored by Rep. Llew Jones. It would lower the taxable rate on owner-occupied homes and monthly rental property that are less than four times the median residential value from 1.35% to 1.1% (non-owner occupied homes, short-term rentals and vacant property would increase from 1.35% to 1.9%); commercial property would have their tax rate on the value that is less than 6 times the average commercial value from 1.89% to 1.5%.
The value in excess would see their tax rate increase from 1.89% to 2.1%. According to the fiscal note, the “break even” point for commercial property would be about $6 million. Everyone valued less than that amount would see a decrease in tax and everyone with a value higher would see an increase in their taxes. As NFIB was asked to participate in the governor’s task force, and worked hard to have the small commercial tax break included, we will speak in favor of this proposal. The Tax committee has not yet voted on this, or any of the other proposals we are watching.
We monitored Senate Bill 109 Revise workers’ compensation definition of treating physician to include Physical Therapists, sponsored by Rep. Greg Hertz, on Friday (January 24). This centered more on the scope of practice for PT than on whether it would save any money.
The Week Ahead
Wednesday, January 29, in the Senate Local Government Committee starting at 3 p.m.: Sentate Bill 143 Generally revise civil liability laws relating to statutes of limitations for certain actions Sponsored by Greg Hertz, this bill is a tort reform proposal to reduce the statute of limitations for work done on improvements to real property from eight and 10 years, to six years.
Thursday, January 30, in the House Business & Labor Committee at 8 a.m.: House Bill 290 Regulate sales of certain products containing PFAS. Sponsored by Rep. Ed Stafman, the bill would require that all juvenile products, cosmetics, menstrual products and firefighting foam and turnout gear either have no PFAS (Perfluoroalkyl and Polyfluoroalkyl substances) or, in the case of the fire materials, report the PFAS. It also requires that manufacturers supply a “certificate of compliance” for each product to each retailer. NFIB will oppose this added burden on small business.
Friday, January 31, in the Senate Judiciary Committee at 8 a.m.: Senate Bill 19 Revise sentencing laws related to theft Sponsored by Sen. Barry Usher, this bill will increase the penalties for theft and bad checks in an attempt to cut down on the amount of retail theft many are experiencing. NFIB supported this effort last session, but it did not make it through the process in 2023. We hope for a better finish this time!
In the House Business & Labor Committee, 8 a.m., House Bill 297 Establish requirement for paid sick days. Sponsored by Rep. SJ Howell, HB 297 would require all businesses with more than 10 employees to offer paid sick leave. NFIB has opposed this proposal as unnecessary government regulation of small business.
Items We Are Tracking
HB 302 Revising punitive damages laws and procedures. Sponsored by Rep. Anthony Nicastro, HB 302 has been introduced but not assigned to a committee. This bill would require more evidence in order to award punitive damages.
LC 1836, Revising workers’ compensation insurance laws to remove the limitation on benefits to the state’s weekly average wage, is about ready to be introduced. NFIB will join other industry groups and the State Fund in opposing this expensive legislation.
A proposal that would increase the state minimum wage to $12.06 an hour and continue the COLA going forward. This bill draft by Rep. Kelly Kortum is ready to be introduced. NFIB will continue to oppose this.
A proposal to phase out polystyrene single use food containers. This bill draft has been ready to introduce for some time. I assume they are waiting to see the fate of the bill heard last week before introducing this one. NFIB will oppose if this is introduced.
State Fund and the private work comp insurers have indicated that they would appreciate support of a proposal to clarify who can be a benefits custodian to receive payments on behalf of a child or incompetent person. This is something that was done in the past but a court ruling has upset the apple cart and needs to be put into statute
Prior Weekly Reports
January 20—Governor’s Property Tax Proposal Starts Legislative Run
NFIB is a member-driven organization advocating on behalf of small and independent businesses nationwide.
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