February 2, 2025
Proposal mandating paid sick leave stalls, measure on synthetic chemicals tabled
State Director Ronda Wiggers reports from Helena on the legislative and political week ending January 31
The happenings in the halls of the Capitol appear to be returning to somewhat of a normal routine. However, the Senate Ethics committee will convene this week to discuss the Sen. Ellsworth contract situation. That should add some spice to the process.
We are working to put together an agenda for the NFIB Business Day at the Capitol. Look for more information on how to participate.
Review of Last Week
HB 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 amended the bill to allow for 24 weeks of UI for those that are ‘job attached’ or ‘union attached’. This addresses the concerns of the road construction contractors who felt they may lose employees if the UI did not cover their down time, which is dictated by the state transportation department. It passed out of committee on an 11– 9 vote and will be debated on the House floor this week. NFIB supports this bill.
HB 210 Revise laws relating to Unemployment Insurance Program Collection Rates
Sponsored by Rep. Steve Fitzpatrick, HB 210passed out of the House Business & labor Committee and passed the House floor on a unanimous vote. 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. The bill will now go to the Appropriations Committee for a hearing, because it reduces state revenue. NFIB supported this bill.
HB 197 Revise Workers’ 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 through a check-in type process that can take a month or longer. This bill corrects that ruling. NFIB supported the bill, and it passed the House Business & Labor Committee on a 12 – 8 vote and then passed the House floor on a vote of 58 – 42.
SB 109 Revise workers’ compensation definition of treating physician to include Physical Therapists
Sponsored by Sen. Greg Hertz, SB 109 passed out of Senate Business & Labor Committee, 11 – 0. This centered more on the scope of practice for PT than on whether it would save any money. NFIB only monitored this bill.
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 the Senate Local Government Committee on Wednesday (January 23). 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. NFIB supported the bill. The committee has not yet taken any action.
HB 290 Regulate sales of certain products containing PFAS
Sponsored by Rep. Ed Stafman, HB 290 was heard in House Business & Labor Committee on Thursday (January 30). 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 opposed this added burden on small business, and the committee has TABLED the bill.
SB 19 Revise sentencing laws related to theft
Sponsored by Sen. Barry Usher, SB 19 was heard on Friday morning (January 31) in the Senate Judiciary Committee. 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 joined a number of retail associations in supporting this effort. The bill passed out of committee with only one dissenting vote. It will be debated on the Senate floor this week.
HB 297 Establish requirement for paid sick days
Sponsored by Rep. SJ Howell, the bills was heard on Friday morning (January 31) in the House Business & Labor Committee. It 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. The committee has not yet taken executive action.
The Week Ahead
— Tuesday, February 4, House Judiciary Committee: HB 302 Revising punitive damages laws and procedures, sponsored by Rep. Anthony Nicastro. This tort reform bill would require more evidence in order to award punitive damages. Also, HB 303 Revise and clarify the law regarding apportionment of fault, also sponsored by Nicastro. This tort reform bill makes it clear that a party that has previously settled can still be determined to be at fault.
— Wednesday, February 5, House Taxation Committee: HB 337 Revise income tax laws to lower income taxes-sponsored by Speaker Brandon Ler. Currently, on a joint return, Montana income is taxed at 4.7% up to $41,000 and then 5.9% on everything in excess. This bill proposes to apply the 4.7% rate on all income up to $140,000 and then assess 5.65% on income in excess. It makes the corresponding changes to individual, head of household rates and changes net, long-term capital gains rates as well.
— Thursday, February 6, House Judiciary Committee: HB 319 Prohibiting employer requirements for employees to attend controversial social vision training. Sponsored by Rep. Steven Kelly, this bill makes it illegal to terminate an employee who refuses to attend any training that is outside the scope of employment if that training promotes a controversial social vision.
Bills Being Tracked
HB 367 Revise workers compensation laws relating to travel and reimbursement
Sponsored by Rep. Ed Buttrey, HB 367 would add to work comp law that an employee is not automatically covered by work comp just because they are in a vehicle that is supplied by the employer or is being reimbursed for travel costs. This would further remove personal use from coverage. The bill has been introduced and assigned to the Business & Labor Committee, but no hearing date has been set. It will likely be heard late this week.
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 be introduced for some time. NFIB assumes 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
LC 120 Revise laws relating to wage transparency has worked through the drafting process but has not yet been introduced. This proposal is a bit vague in what it requires of an employer other than advertising wages.
LC 446 Increase business equipment tax exemption would increase the current exemption from $1 million to $3 million for taxable equipment. This is part of the Gov. Greg Gianforte’s budget proposal and is being requested by Sen. Josh Kassmier, who carried the bill last session to increase the exemption to $1 million.
LC 1337 Require employers to use e-verify for employment eligibility, sponsored by House Majority Whip Braston Mitchell. This not only requires all employers to use e-verify, it moves the enforcement to the attorney general’s office. You may recall that a different bill that passed last week allowed for both e-verify and I-9 and gave the Dept. of Labor the ability to check for status. That bill has passed the House. Mitchell’s bill has not yet been introduced.
A proposal that would fine employers $1,000 if they financially incentivize their employees to register to vote!
Prior Weekly Reports
NFIB is a member-driven organization advocating on behalf of small and independent businesses nationwide.
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