MontanaHB 11269th Legislature, Regular Session (2025)HouseWALLET

Code commissioner bill

Sponsored By: Steve Fitzpatrick (Republican)

Signed by Governor

Legislature

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Bill Overview

Analyzed Economic Effects

19 provisions identified: 11 benefits, 2 costs, 6 mixed.

One-time 2021 Montana tax rebate

You can get a one-time Montana income tax rebate based on your 2021 return. The rebate equals the smaller of your 2021 tax on line 20 or $1,250 ($2,500 if married filing jointly). You must have been a Montana resident all of 2021, filed 2020 and 2021 returns on time, not been claimed as a dependent, and not be a trust. The department first applies the rebate to any state debts you owe. The rebate is not taxable. The program ends December 31, 2025.

Small-business tax break for school tech

Electing small business corporations can deduct the fair market value of a donated computer or similar equipment. The deduction cannot be more than 30% of the corporation’s net income. The gift must go to a Montana elementary, secondary, or accredited postsecondary school. Donate within five years after the item was manufactured. The school must agree in writing to accept the item and not transfer it for money, property, or services. This deduction is taken instead of the general charitable deduction.

New bonds and rules for process servers

If you serve legal papers more than 10 times a year, you must register with the state and may not call yourself a process server unless registered. After registering, you must keep a surety bond: $10,000 for an individual or $100,000 for a firm. If money is paid from your bond, you have 30 days to file a new bond or reinstate it or the department will revoke your registration. A levying officer cannot levy on a judgment that is larger than the bond.

Medicaid pays PAs and adds oversight

Medicaid pays for services provided by physician assistants when the service is in their scope and covered by department rules. Before changing provider rates, waivers, or the state plan, the department must report the proposal and a 4‑year budget impact to three legislative committees. These steps can affect access to care and provider payments.

Fewer court delays for equine plants

Courts may not issue injunctions that stop or delay building a licensed equine slaughter or processing facility based on the listed challenges. If an injunction halts operations and the plaintiff loses the case, the plaintiff must pay the facility’s financial losses.

Stricter DUI testing and license rules

If you drive on public roads, you are treated as having consented to alcohol blood or breath tests and drug blood or oral fluid tests. Officers can choose the test and order testing based on DUI suspicion or probable cause, including after certain crashes. A preliminary alcohol screen needs a certified officer and device, and taking it does not satisfy the full implied-consent test. If you refuse, the officer must warn you that you can refuse and that refusal can suspend your license for up to 1 year. The officer must seize your license and issue a permit that starts 12 hours later and lasts 5 days. The hearing after a refusal only decides if the officer had particularized suspicion and whether you refused. Being unconscious does not withdraw consent. Multiple refusals in one stop count as one refusal. After a refusal, an officer can seek a warrant for blood or oral fluid. Police cannot force a test after a refusal unless you have a prior refusal or a prior conviction or pending charge for DUI, aggravated DUI, or listed violent offenses.

Meat licenses and small farm exemptions

You must have a state license to run any livestock or poultry slaughter or processing business, including mobile units. The department sets an annual fee, and violations are misdemeanors with fines up to $500. Small producers who sell homemade food or slaughter fewer than 1,000 poultry a year stay exempt from those state meat-plant rules but must meet specific federal recordkeeping and sanitation rules. Custom household slaughter remains exempt if meat is kept separate, marked “Not for Sale,” and handled in a sanitary facility. The law also narrows what counts as “garbage” feed to waste with animal products; waste without animal products does not qualify.

New alcohol catering rules and fees

Guest ranch beer and wine licensees can get a catering endorsement to serve at events around the ranch, with drinks consumed at the event. Other catering endorsements require a $200 annual fee, and local governments may charge a $35 per-event notice fee (guest ranch endorsements are exempt). With a written deal, you may sell in county fairgrounds, public sports arenas, or Montana universities and store product securely from one day before to one day after the event, or longer for multi‑event agreements, and you must report each event. Limits apply: you cannot cater an event you or your concessionaire sponsor (except for guest ranch endorsements), events must be within 100 miles, and you cannot share drink-sale revenue with a private sponsor (only with the state, local government, a Montana university, or a 501(c) nonprofit).

Easier slash burning in safe weather

If you have a fire hazard reduction agreement, you may burn slash without staying on site when conditions are safe. Safe means heavy rain or snow or wet fuels, no high wind warnings, and monitoring with at least one site visit to ensure containment. You must still follow burn rules and required notifications.

Montana creates in-state ABLE savings program

Montana creates an ABLE savings program under federal 529A. Eligible people with disabilities can open ABLE accounts at selected financial institutions. Money in these accounts helps pay for disability expenses.

Clear list of mental health professionals

The law lists who counts as a mental health professional under this part. It includes: a certified professional person under 53-21-106; a licensed physician; a licensed psychologist; an advanced practice registered nurse with a psychiatric specialty; and a licensed marriage and family therapist.

Local boards can authorize choice schools

Local school boards can apply to act as charter school authorizers within their district. The state commission must decide within 60 days. If approved, the board and commission must sign an authorizing contract within 30 days. The first contract lasts six years. A board cannot act as an authorizer until the contract is signed.

No party cap on committee picks

Legislative leaders can appoint any mix of parties to the legislative consumer committee. The old one‑per‑party limit per house is removed.

Stronger state records and e-filing

The Department of Administration sets tech standards for electronic records systems and must approve agency purchases. Each agency must post a public staff directory for employees who regularly serve the public and check it at least twice a year. The Secretary of State must keep a federal‑compliant central filing system and may build a statewide electronic filing system.

Spousal electronic messages stay private

Government bodies cannot force you, your spouse, or a service to disclose electronic messages sent to each other during marriage. You cannot be held in contempt for refusing to disclose them. This does not cover messages sent before marriage, after divorce, civil suits between spouses, or crimes by one spouse against the other or a child.

Only real co-ops can use cooperative

The Secretary of State does not accept filings that use the word “cooperative” unless the business is a cooperative under listed Montana laws. Violations can bring a fine from $50 to $1,000 per filing. Firms formed before October 1, 2023 are exempt.

Public broadband funding and exit rules

State and local governments can fund private broadband projects and build networks on their own campuses. If a private internet company plans to serve an area that a public provider serves, it must give the agency 30 days’ written notice. The public provider must notify subscribers within 30 days and may end service within 180 days.

Tighter rules for capitol names and art

The capitol and spaces in the capitol complex cannot be named for a person, and long‑term displays honoring a person need legislative approval. A person usually must be deceased at least 10 years. The law also lists certain art and monuments for placement in the capitol complex for up to 50 years, with a council picking exact locations.

New formula for community college funding

The state now sets community college funding by formula. The base is adjusted for inflation, capped at 3%. Funding also changes with weighted resident student counts, using factors the legislature sets. The commissioner determines the actual weighted student numbers. One-time-only appropriations are left out of the base.

Sponsors & Cosponsors

Sponsor

Steve Fitzpatrick
Republican • House

Cosponsors

Daniel Zolnikov
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 293 • No: 5

Senate vote • 3/17/2025

Do Concur

Yes: 47 • No: 2

Senate vote • 3/15/2025