School Choice

Status of Bills We’ve Endorsed:

❌ HB 320: Establish the Montana’s academic prosperity program for scholars act (MAPPS)
Sponsor: Rep Lee Deming (R) HD 54
As introduced, MAPPS would have been the first truly universal school choice option created in Montana guaranteed to be open to all students to pay for a wide variety of education-related expenditures. Our full statement of support HERE.

✅ HB 778: Generally revise laws related to homeschool
Sponsor: Rep. Randyn Gregg (R) HD 78
HB 778 builds on Montana’s strong existing home schooling laws to protect homeschool families from undue government intrusion. Our full statement of support here.

✅ SB 253: Revise administrative and certification processes for student scholarship organizations
Sponsor: Senator Sue Vinton (R) SD 20
SB 253 is a sound policy change that will give us valuable insights into the demand for non-public education options in Montana, family education preferences, geographic trends and more.

School Funding

Status of Bills We’ve Endorsed:

✅ HB 156: Revise education funding laws by replacing school district BASE levies with countywide BASE levies
Sponsor: Rep. Dave Bedey (R) HD 86
HB 156 will make it easier for public education funding to “follow” the student as they transfer between districts within a county. This is consistent with our goals for broader public and private school choice. Read more about our conservative goals for public school funding here.

✅ HB 252: Create the student and teacher advancement for results and success act (STARS)
Sponsor: Rep. Llew Jones (R) HD 18
HB 252 follows our recommendations to promote more accountability within our public education system by expanding the use of performance-reward school funding models. Our statement of support here.

✅ HB 483: Revise laws to reduce property taxes while preserving the current 95 school equalization mills
Sponsor: Rep. Courtenay Sprunger (R) HD 7
HB 483 will help simplify public education funding and make it easier for funding to “follow” the student as they transfer between districts. This is consistent with our goals for broader public and private school choice. Read more about our conservative goals for public school funding here.

Local Zoning and Land Use Regulations

We supported an ambitious agenda of legislation to limit the extent of local zoning and land use regulation this year, much of it targeted at easing restrictions on the creation of new housing. While not all passed, what did represents nation-leading reform to address our state’s housing shortage. National housing advocates are praising this reform package as a “Montana Miracle 2.0”. 

Status of Bills We’ve Endorsed:

✅ SB 213: Legalize 6 story single-stair buildings, sprinklers required

✅ HB 492: Limit expensive off-street parking mandates statewide

✅ SB 243: Legalize taller buildings up to 60 ft. in commercial and downtown zones

✅ SB 214: Establishes a presumption of freedom in zoning code interpretation

✅ SB 532: Legalize Accessory Dwelling Units (ADU’s) in Counties

❌ SB 266: Broadly legalize triplex and fourplex housing in cities

❌ SB 418: Legalize “no impact” home based businesses

❌ SB 146: Creating free-speech level legal protections from local zoning regulations

Energy and Environmental Permitting

Status of Bills We’ve Endorsed:

✅ HB 466: Provide categorical exclusions from MEPA
Sponsor: Rep. John Fitzpatrick (R) HD 76
This is a transformational reform that significantly streamlines the state environmental permit process for hundreds of vital infrastructure and energy projects. Our full statement of support here.

✅ HB 270: Revise remedies to MEPA
Sponsor: Rep. Katie Zolnikov (R) HD 44
Clarifies that if a court finds a violation of the MEPA, it must remand the issue back to the agency for correction rather than blocking the proposed action.

✅ HB 285: Generally revise Montana environmental policy act
Sponsor: Rep. Brandon Ler (R) HD 33
Revises MEPA to clarify the law as being strictly procedural

✅ SB 221: Generally revise Montana environmental policy act
Sponsor: Senator Wylie Galt (R) SD 39
Adopts a practical approach for how state agencies will study greenhouse gas emissions under MEPA, providing much needed regulatory clarity in the wake of the Held v. Montana decision. Importantly, SB 221 does not include the easily manipulatable social cost of carbon analysis, a win for sound environmental policy.

Other Big Wins:

✅ SB 262: Exempt subdivision, water/sewer plans from environmental review
Sponsor: Senator Forrest Mandeville (R) SD 28

✅ SB 355: Generally revise energy laws
Sponsor: Senator Wylie Galt (R) SD 39
Follows our recommendations to reform Right of First Refusal (ROFR) policies which stifle energy market competition and increase costs for ratepayers. 

Technology and Innovation

Status of Bills We’ve Endorsed:

✅ SB 212: Creating the Right to Compute Act
Sponsor: Senator Daniel Zolnikov (R) SD 22
This is a model bill that we developed enshrining a fundamental right to own and utilize computational technology (think AI or Data Centers) into Montana law and creating a framework to narrow any future regulation. This first-in-the-nation law sets Montana apart from other states enacting anti-tech legislation and positions Montana as a world-class destination for AI, tech, and Data Center investment. It’s also being heralded by national gun rights groups as the nation’s first Digital 2nd Amendment. Our full statement of support here. 

✅ SB 265: Revise cryptocurrency laws to create Financial Freedom and Innovation Act
Sponsor: Senator Daniel Zolnikov (R) SD 22
Another first-in-the-nation bill that, among other important reforms, provides long-overdue legal clarity by confirming that network tokens are not securities and creates a tailored regulatory framework for appropriate oversight of crypto. This balance gives blockchain developers the confidence to innovate in Montana without fear of regulatory whiplash. Our statement of support here.

✅ SB 330: Create a Montana blockchain and digital innovation task force
Sponsor: Senator Gayle Lammers (R) SD 21
Establishes a Montana Task Force on Blockchain and Digital Innovation to promote blockchain adoption, develop incentives, build partnerships, and recommend clear state-level regulations

Property Taxes

Wins:

We didn’t formally endorse any legislation related to property taxes this session, but SB 117 and HB 20 are good wins for long-term property tax relief: 

✅ HB 20: Require voted levies to be in dollars rather than mills
Sponsor: Rep. Larry Brewster (R) HD 43
Will require most voted tax levies to be in dollars rather than “mills”, which will help control the growth of property taxes when taxable values increase.

✅ SB 117: Revise government entity limitations on property tax increases
Sponsor: Senator Daniel Zolnikov (R) SD 22
Improves tax levy limits that restrain the growth of local government budgets and requires a portion of revenue from newly taxable property to offset taxes for existing property. Modeling has shown this reform will likely provide minor ongoing tax relief for existing property owners.

Losses:

We are disappointed to see several significant proposals to place constraints around voted property tax levies fail:

❌ SB 204: Sunset or reapprove existing approved property tax levies
Sponsor: Senator Greg Hertz (R) SD 7
Would have sunset voter-approved local property tax levies every 10 years, requiring local governments to go back to voters again for reauthorization. Voter-approved property tax levies are a substantial driver of property tax growth.

❌ SB 205: Revise laws related to voter approval for property tax levies and bonds
Sponsor: Senator Greg Hertz (R) SD 7
Would have required a minimum voter turnout for a proposed tax levy to pass and raised the threshold of votes needed in instances of low turnout. Voter-approved property tax levies are a substantial driver of property tax growth.

Tax Shifts:

Ultimately, the legislature ended up passing a sweeping new progressive property tax rate structure that provides targeted property tax rate cuts paired with significant tax rate hikes. This new structure creates government tax preferences for certain property uses rather than taxing based on an objective categorization as is done currently. This package shifts tax rates but does not directly limit the amount of taxes levied or the amount of property tax revenue the government will collect.

Here’s a summary of that package, a combination of SB 542 and HB 231:

• $400 property tax rebate for primary residences for taxes paid in 2024
• Retroactive to 2025:
  • New progressive tax rate structure for Class 4 residential property:
    • 0.76% tax rate for the first $400,000 of market value (43% rate decrease from current law)
    • 1.1% for value > $400,000 to $1.5 million (18% rate decrease)
    • 2.2% for value > $1.5 million (63% rate increase)
    • 1.89% max rate for multi-family rentals
  • New progressive tax rate structure for Class 4 commercial + industrial property:
    • 1.4% tax rate for the first $400,000 of market value (25% rate decrease)
    • 1.89% tax rate for value > $400,000 (no change)
  • 2.05% tax rate for Class 3 agriculture land (5% rate decrease)
• Starting in 2026:
  • 1.9% tax rate for second homes, short-term rentals, vacant homes (40% rate increase from current)
  • New progressive tax rate structure for primary residences:
    • 0.76% tax rate up to median market value (43% rate decrease from current law)
    • 0.9% for value > median to 2x median (33% decrease)
    • 1.1% for value 2x to 4x median (18% decrease)
    • 1.9% for value > 4x median (40% increase)
  • 1.1% tax rate for long-term rentals 
  • 1.35% tax rate for residential property associated with qualified agricultural land (no change from current) 
  • New progressive tax rate structure for Class 4 commercial + industrial property:
    • 1.4% tax rate for the first $400,000 of market value 
    • 1.89% tax rate for value > $400,000 (no change)

Judicial Reform

For this issue area, we’ve been tracking proposals from the legislature’s high profile Senate Select Committee on Judicial Oversight and Reform. We didn’t formally endorsed any bills related to this issue area.

Out of the over two dozen bills stemming from the select committee, only 8 were passed. Big reforms like enacting partisan judicial elections failed, despite the governor publicly endorsing the concept. 

Check out our in-depth study on the Montana Supreme Court’s performance record if you’d like to learn more about the issues with judicial overreach in Montana.

What Got Done:

✅  HB 39: Repeal law disallowing parties from contributing to judicial candidates
Sponsor: Rep. Tom Millett (R) HD 2
Ends the prohibition on political parties donating to nonpartisan judicial candidates.

✅ SB 30: Revise laws related to the Judiciary and rule of necessity
Sponsor: Senator Tom McGillvray (R) SD 26
Prohibits judicial officers from using the “rule of necessity” legal doctrine to avoid recusal from a case because of a conflict of interest when substitute judicial officers are available.

✅ SB 38: Generally revise laws relating to attorney fees and prevailing parties for veto overrides
Sponsor: Senator Greg Hertz (R) SD 7
Prohibits awarding attorney fees against a government entity when the result of a court-required legislative veto override poll does not result in an override of a veto.

✅ SB 39: Generally revise attorney fee awards
Sponsor: Senator Greg Hertz (R) SD 7
Requires that an award of attorney fees by a court must be ‘reasonable’ and outlines ‘unreasonable’ requests for attorney fees.

✅ SB 40: Revise supreme court public records laws by opening deliberations and files to the public
Sponsor: Senator Greg Hertz (R) SD 7
Requires closed deliberations of the supreme court to be recorded and made available for public inspection after a case is finalized.

✅ SB 41: Require substitution of district court judges by random selection
Sponsor: Senator Daniel Emrich (R) SD 11
Requires that substitutes be randomly selected to replace a judge who is substituted or disqualified from a case.

✅ SB 45: Create a judicial performance evaluation commission and system
Sponsor: Senator Tom McGillvray (R) SD 26
Creates an independent commission to evaluate the performance of judicial officers.

✅ SB 48: Generally revise laws relating to Judicial Standards Commission complaints
Sponsor: Senator Carl Glimm (R) SD 3
Revises the complaint processes for the judicial standards commission to allow a citizen to make public the citizen’s complaints concerning a judge at any time.

Other Bills

We also endorsed and supported several bills which follow past recommendations we’ve made.

Status of Bills We’ve Endorsed:

✅ HB 650: Revise bonding laws to include broadband projects
Sponsor: Rep. Caleb Hinkle (R) HD 68
Limits government meddling in the private marketplace by placing reasonable limits on government-backed internet networks. Read background on this here.

✅ HB 336: Provide for apprenticeship programs for certain license types
Sponsor: Rep. Curtis Schomer (R) HD 48
Creates additional pathways to professional licensure by allowing apprenticeships as an alternative to traditional education. Our statement of support here.

✅ HB 414: Revise laws related to licensing applications
Sponsor: Rep. Jodee Etchart (R) HD 51
Streamlines license approval for professionals already licensed in good-standing in other states. Our statement of support here.

✅ HB 953: Revise medicaid laws related to Direct Primary Care
Sponsor: Rep. Ed Buttrey (R) HD 21
Allows DPHHS the option to explore through rule making how Montana Medicaid might be able to pay for Direct Primary Care (DPC) arrangements on behalf of members. We have been long-time champions of direct-pay models like DPC. 

Other Good Bills:

✅ SB 456: Revise professions and occupations laws regarding dispensing of drugs
Sponsor: Senator Tom McGillvray (R) SD 26
Follows our past recommendations to expand the scope of practice for medical practitioners, allowing practitioners to dispense via mail non-opioid medications they’ve prescribed directly to a patient.

✅ HB 84: Revise liability, training for prescribed fires
Sponsor: Rep. Steve Gist (R) HD 25
Follows our past recommendations to clarify prescribed burn liability standards while protecting against potential damages.

✅ HB 136: Revise property insurance laws relating to preventative measures to reduce damage
Sponsor: Rep. Steve Fitzpatrick (R) HD 24
Follows recommendations made in our 2023 Forest Management Policy Playbook for the state to promote voluntary wildfire mitigation incentive programs for property insurance.