MontanaHB 11269th Legislature, Regular Session (2025)HouseWALLET

Code commissioner bill

Sponsored By: Steve Fitzpatrick (Republican)

Became Law

Legislature

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Bill Overview

Analyzed Economic Effects

28 provisions identified: 12 benefits, 4 costs, 12 mixed.

Medicaid pays cancer trial costs

If you are on Montana Medicaid and meet the law’s definition of a qualified individual in an approved cancer clinical trial, Medicaid covers routine patient costs. The law does not list dollar limits or a start date.

More Medicaid services for children

If your child is on Montana Medicaid, the state must promptly provide all medically necessary EPSDT services for people under 21. This includes prescription drugs and durable medical equipment, even when the state has not negotiated a rebate. Medicaid also covers habilitative services for children age 18 and younger, like speech, occupational, and behavioral therapies.

One-time 2021 Montana tax rebate

The Department of Revenue issues a one-time rebate based on your 2021 Montana tax. You get the smaller of your 2021 tax (line 20) or $1,250 if single, head of household, or married filing separately, or $2,500 if married filing jointly. You must have lived in Montana all of 2021 and filed 2020 and 2021 returns (or an amended 2021 by May 1, 2023). Nonresidents, 2021 dependents, and trusts do not qualify. Rebates are not taxable and can be used to offset what you already owe. The program ends December 31, 2025.

Small business tax break for donating computers

A qualifying small business corporation can deduct the fair market value of donated computers or similar tech. The donation must be to a Montana K–12 school or an accredited college, made within 5 years of manufacture. The school cannot sell the item, and you must get a written acceptance. The deduction cannot be more than 30% of the corporation’s net income and replaces the usual charitable deduction.

Medicaid options, rates, and cutbacks

The department may add optional Medicaid services by rule. It sets payment rates and can contract for how services are delivered. It must simplify mental health rules and payments and publish an annual report; payment changes for the biennium starting July 1, 2017 were cost‑neutral. If funds are not enough, the department may limit, reduce, or curtail services using the law’s funding principles.

Broader Medicaid providers and care

Medicaid covers care from physician assistants when it is in their scope of practice. It includes services from public health departments under a doctor’s orders and care at federally qualified health centers. It covers services by certified providers following the Indian Health Care Improvement Act until September 30, 2025. It covers planned home births for low‑risk patients with a licensed midwife, plus prenatal and postpartum care. It includes fertility preservation services and, until June 30, 2031, services by licensed pediatric complex care assistants.

Help with Medicare costs

The state can run a Medicaid program that pays Medicare premiums, deductibles, and coinsurance for people who are not otherwise eligible for Medicaid. The program must follow federal rules.

Tighter Medicaid coverage and service limits

If you are in the “medically needy” Medicaid group, your covered services can be more limited than for other enrollees. Medicaid only pays for care that is medically necessary and the most cost‑effective. Medicaid cannot pay for experimental or cosmetic treatments. You may face more denials or need to pay out of pocket for noncovered care.

New DUI test and license rules

When an officer asks for a chemical test, they must explain your right to refuse and that refusal can mean up to a 1‑year license suspension. If you refuse, the officer must seize your license on the spot and the department will suspend it. You get a temporary permit that starts 12 hours after it is issued and lasts 5 days, plus a limited hearing on probable cause and refusal. Officers may seek a warrant to collect blood or oral fluid after a refusal. Implied‑consent rules do not cover tests done for medical care, tests tied to another lawful seizure, or tests done under a warrant. If you are a nonresident, your seized license and a refusal report go to your home state.

Basic Medicaid for some caretakers

The state can run a limited‑benefits program called basic Medicaid for some adults who get cash assistance as caretaker relatives or in related adult groups. Basic Medicaid includes mandatory services and may include some optional services by rule. Pregnant people, those who meet federal disability rules, and people under 21 keep full Medicaid coverage.

Meat and poultry licensing with exemptions

Businesses that slaughter, process, store, or wholesale livestock or poultry must hold a department license and pay an annual fee. Investor‑owned equine slaughter or processing facilities must also be licensed. Violations can bring a misdemeanor and up to a $500 fine. You do not need a license if you only process for your own household, move dead or diseased animals for disposal, or you are a small poultry producer under 1,000 birds a year under the listed rules. Custom household-use slaughter is exempt if it is kept separate, marked “Not for Sale,” and handled in a sanitary facility.

Rules and bonds for process servers

If you serve legal papers more than 10 times a year, you must register. Certain officials and licensed attorneys are exempt. After registering, you must keep a surety bond: $10,000 for an individual or $100,000 for a firm. If someone is harmed by improper service, they can recover damages from your bond, up to the bond amount. If a claim is paid, you must reinstate or replace the bond within 30 days or the board may revoke your registration.

Limits on lawsuits over equine plants

Courts may not issue injunctions to stop or delay building a licensed equine slaughter or processing facility based on challenges under the listed laws. If you sue to stop a facility and lose, and an injunction halted operations during the case, you must pay the facility’s financial losses from the shutdown.

Montana ABLE savings program launched

The state creates an ABLE program to help people with disabilities save. Banks or similar firms hold 529A‑style accounts. These accounts follow federal rules and can pay for disability‑related expenses.

Better access to state records online

State agencies must post a public employee directory on their main webpage and keep it updated at least twice a year. The Department of Administration sets tech standards for electronic records systems and approves agency purchases to keep systems compatible. The Secretary of State runs a central filing system that meets federal law and can build a statewide e‑filing system. The Information Technology Board advises on IT policy and reports on the state’s digital program.

Long-term art displays at the Capitol

The law lets certain statues, plaques, murals, and art be placed in the capitol and on the grounds for up to 50 years, with renewal. The Capitol Council decides the exact placements.

Stronger privacy for spousal messages

Spouses cannot be forced to testify about private conversations during the marriage without consent. The government cannot force disclosure of electronic messages between spouses. This protection does not apply to lawsuits between spouses or crimes against a spouse or a child.

More providers count as mental health professionals

The law expands who counts as a mental health professional for this part. It includes physicians, psychologists, licensed counselors, clinical social workers, and psychiatric mental health nurse specialists. This can make it easier to find qualified providers under the part.

Local boards can authorize choice schools

Local school boards can apply to the state commission to authorize choice schools in their district. The commission must decide within 60 days. If approved, the board and commission sign a contract within 30 days, with an initial 6‑year term. A board cannot act as an authorizer until the contract is signed.

Animal-feed rules for food waste

The law defines “garbage” as food waste that contains animal products, including carcasses or parts, for animal‑feeding rules. Waste without animal products is not “garbage” under these rules. A “garbage feeder” is anyone who handles that garbage to feed animals. “Person” includes individuals, businesses, and governments.

Using 'cooperative' in business names

The Secretary of State will reject filings that use the word “cooperative” unless the entity is formed under the state’s cooperative laws or filed under 30‑10‑105. Filers who use the term without meeting these rules face a $50 to $1,000 fine. Entities formed before October 1, 2023 are exempt.

Stricter rules for capitol names and memorials

State buildings and rooms in the capitol complex cannot be named after a person without legislative approval. The capitol building itself may never be named after a person. Long‑term memorials need legislative approval, and a person must usually be deceased 10 years first. Temporary displays can be approved for up to one year, and approvals not installed within five years must be renewed.

Rules for slash burning under agreements

If you have a fire hazard reduction agreement, you must follow the department’s rules and the burn notification steps in 7‑33‑2205. You do not need to stay at the burn site the whole time if there is enough rain or snow, fuels are damp, no high winds are forecast, and you monitor the site until the risk drops, including at least one site visit.

Catering endorsement for beer and wine

On‑premises beer and wine licensees can get a catering endorsement to serve at special events. The fee is $200 each year. Events must be within 100 miles, with drinks consumed at the event site. Some licensees must provide food equal to 65% of the contract revenue. You must notify local law enforcement, and a $35 local fee may apply. Storage, sponsorship, revenue-sharing, and other alcohol rules also apply.

Limits on government internet service

State and local agencies may not act as internet service providers except when no private ISP serves the area, the agency offered service before July 1, 2001, or it offers advanced services not otherwise available. A private ISP must give the agency 30 days’ notice before starting service; the agency must notify subscribers within 30 days and may stop its service within 180 days. Agencies can still offer digital government services, buy internet access, fund private broadband projects, and build campus networks.

New DUI testing rules and limits

Officers and devices must be certified to request or give a preliminary alcohol screening. A preliminary test does not count as the required chemical test. If you refuse a preliminary test and another test in the same stop, it counts as one refusal for license suspension. Police cannot force a test after refusal unless you previously refused in this state or under a similar law, or you have certain prior or pending offenses.

New formula for community college funding

The state sets how to calculate community college funding for the next two years. It uses an adjusted base, a capped inflation factor up to 3%, and changes in weighted resident student FTE. One‑time legislative payments are removed from the base. Funding factors and weights are set in the appropriations act.

Updates to state oversight and budgeting rules

Agencies must include information technology activities in reports to the Legislature, generally every two years by September 1 before a session. The law lists which statutes count as statutory appropriations and requires they be specifically stated and listed. It also removes a party‑limit rule for appointments to the legislative consumer committee while keeping the majority/minority balance.

Sponsors & Cosponsors

Sponsor

Steve Fitzpatrick
Republican • House

Cosponsors

Daniel Zolnikov
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 293 • No: 5

House vote • 3/17/2025

Do Concur

Yes: 47 • No: 2

House vote • 3/15/2025