State Director Ronda Wiggers reports from Helena on the legislative and political week ending March 1

Rules were suspended 10 days prior to Friday’s (February 28) transmittal deadline, so bills were quickly introduced, heard and voted on all week. We met from 7 a.m. until late into the evening nearly every night and all day on Saturday (March 1). For the first time that I can remember, we had nearly every committee hold hearings on Saturday.

We begin next week with hearings scheduled to start at 7 a.m. on Monday and then a few straggler bills will be heard on Tuesday. Beginning Tuesday afternoon, they will focus only on floor session with quick Appropriation Committee hearings as necessary.

As bill status changes very quickly, a report is pretty much out of date as soon as I type it! For this reason, this report is only top-line issue items that have changed status in the last week. During the transmittal break you will get a full report on progress from the first half of the session, and we will clean up the watch list to include only those things we are focused on for the second half of the session.

Bills Needing a Hearing to Make it Through Senate by Friday

SB 313 Revise laws relating to wage transparency
Sponsored by Sen. Shane Morigeau, this proposal is a bit vague in what it requires of an employer other than advertising wages. It is scheduled for hearing in Senate Business Committee on Monday. NFIB will oppose.

SB 528 Revising laws related to credit card transaction fees
Sponsored by Sen. Jeremy Trebas, SB 528 proposes to make credit card transaction fees legal but require them to be capped at 3% or as otherwise provided in your contract and that the fee is clearly disclosed to customers prior to the transaction. NFIB will monitor this.  It will be heard in Senate Business & Labor on Monday.

Bills Passing out of Committee and To Be Debated on the Floor this Week

SB 308 Revising workers’ compensation insurance laws to remove the limitation on benefits to the state’s weekly average wage
Sponsored by Sen. Derek Harvey. the Senate Business & Labor Committee amended SB 308 to put a weekly cap on benefits of $2,885. The current benefit is two-thirds of the employee’s wages, no less than $900 per week and no more than one-half of the state’s average weekly wage, which is $1,626. NFIB joined other industry groups and the State Fund in opposing this expensive legislation.

HB 477 to phase out polystyrene single use food containers
Passed out of House Natural Resources Committee. NFIB opposes at the request of our restaurant and grocery owners.

SB 418 Generally revise laws relating to home based businesses
Sponsored by Sen. Ellie Boldman, SB 418 would prohibit local governments from prohibiting home-based businesses. This has passed Senate Local Government committee.

Bills Meeting Their Final Demise

SB 291 Revise laws related to workers’ compensation definition of wages
Sponsored by Sen. Andrea Olsen. This bill simply requires the insurance agency to update the value of employer supplied housing each year. The bill was TABLED  in the Senate Business & Labor Committee this week.  Monitor only

SB 295 Restoring the right for injured worker to choose their own doctor
Also sponsored by Andrea Olsen. This is a doctor-shopping bill. Restricting this has saved workers’ compensation money, thus reduced premiums.  Removing the restriction would likely result in higher premiums. The bill FAILED to pass on the Senate floor this week. NFIB opposes.

SB 346 Revise workers’ compensation laws
Sponsored by Sen. Greg Hertz, this bill provides that payment of benefits is not required when there has not been an acceptance of liability, and it changes the law relating to compliance with medical treatment. The bill was pulled by the sponsor when the insurance companies realized it was not necessary.

HB 484 Providing for an increase in the minimum wage
Sponsored by Rep. Kelly Kortum, HB 484 would have increased the state minimum wage to $12.06 an hour and continued the COLA going forward. Montana’s minimum wage was $10.30 in 2024 and increased to $10.55 January 1, 2025. This bill was heard on Monday in House Business & Labor Committee and TABLED. NFIB will continue to oppose this.

SB 376 Establish a right to work act
Sponsored by Sen. Mark Noland, SB 376 was heard and TABLED in the Senate Business & Labor Committee on Friday (February 28).

SB 325 Creating family and medical leave act
Sponsored by Sen. Derek Harvey, this was TABLED in the Senate Business & Labor Committee.  It would have required a 1% payroll tax to fund the paid medical leave through a new state program. NFIB opposed

Bills Passing House or Senate Floor This Week and Sent to Other Chamber

HB 428 Revising provisions related to workers’ compensation
Sponsored by Rep. Morgan Thiel, HB 428 passed the House unanimously. This bill changes the definition of an employer slightly. Currently, under Montana law, if a business retains a sub-contractor, they are presumed liable for the worker’s compensation UNLESS the sub-contractor has full control over all aspects of the worker AND they carry a work comp policy on them.  This would eliminate the need to prove that the sub carried a work comp policy in order to prove that the general contractor is not liable.  It also makes some changes in the reports that the insurer and the medical provider need to supply.

HB 516 Move workers compensation court to judicial branch
Sponsored by Rep. Kenneth Walsh, this moves the court from the Department of Labor to Justice. Monitor

SB 329 Require employers to use e-verify for employment eligibility
Sponsored by Sen. Forrest Mandeville, this bill originally required all employers use E-Verify, and it moves the enforcement to the attorney general’s office. The sponsor amended the bill to move the threshold for compliance to businesses with greater than 50 employees, and it passed the Senate. NFIB opposed.

Bill Heard in the Senate but require no further action prior to the transmittal deadline

HB 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 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 Senate Business & Labor Committee with a small amendment to address special circumstances.

Prior Weekly Reports 

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