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MontanaHB 49069th Legislature, Regular Session (2025)House

Revise civil liability laws

Sponsored By: Amy Regier (Republican)

Signed by Governor

LiabilityRule Making

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 1 costs, 0 mixed.

Tighter wildfire lawsuit rules for utilities

The law sets one way to sue an electric utility for wildfire harm and bars strict liability and other theories. You must prove the utility failed to act like a reasonable similar utility and that this caused your loss. After a utility starts using an approved plan at the ignition site, courts presume it acted reasonably unless you prove otherwise; the utility’s extra costs do not count toward that question. If you win, you can recover real and personal property damage; for injury or death, you can also get medical bills and lost wages. Pain and suffering is allowed only when there is bodily injury or death. Punitive damages require clear and convincing proof of gross negligence or intent, and substantial plan compliance can block a gross‑negligence finding. You must file within 3 years from the date you first suffered injury or damage, even if you learn about it later. Insurance payments count as making you whole for insurer subrogation.

Utilities must file wildfire plans by 2025

Utilities that run power lines in Montana must write a wildfire plan, submit it, and start it by December 31, 2025. They must update the plan at least every three years. Plans must map high‑risk areas and explain inspections, maintenance, vegetation control, upgrades, planned shutoffs, service restoration, outreach, and coordination. Regulated utilities must include estimated extra costs; electric co‑ops must present those cost estimates to the reviewer but not put them in the plan. For jointly owned lines, the operator writes and carries out the plan; if any owner is a regulated utility, the commission reviews it. The operator’s plan meets the law for that facility.

Public review and oversight of utility plans

Reviewers must open up to 45 days for public comments and hold a public meeting on each plan. Within 60 days after comments close, they must approve the plan or list required changes; plans must include all required parts, serve the public interest, and balance extra costs with wildfire risk. State wildfire and emergency agencies must give comments during the comment window for plans sent to the commission. The commission may set review rules and use a technical expert to check plan completeness. Each provider with an approved plan must file a report by June 1 each year on its mitigation work. Reviewing or approving a plan does not create new legal liability, and the law does not change written contracts for communications gear or pole attachments. The Secretary of State sends this law to Montana’s tribal governments.

Sponsors & Cosponsors

Sponsor

  • Amy Regier

    Republican • House

Cosponsors

  • Steve Fitzpatrick

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 553 • No: 90

House vote • 4/17/2025

Do Concur

Yes: 99 • No: 0

House vote • 4/16/2025

Do Concur

Yes: 100 • No: 0

Senate vote • 4/11/2025

Do Concur

Yes: 40 • No: 8

Senate vote • 4/10/2025

AMD-HB0490.004.001 Olsen D/PASS

Yes: 17 • No: 33

Senate vote • 4/10/2025

Do Concur

Yes: 44 • No: 6

House vote • 3/5/2025

Do Pass

Yes: 97 • No: 1

House vote • 3/4/2025

Do Pass As Amended

Yes: 98 • No: 1

House vote • 3/4/2025

HB0490.002.003 - Mercer

Yes: 58 • No: 41

Actions Timeline

  1. Chapter Number Assigned

    5/19/2025House

  2. Signed by Governor

    5/13/2025House

  3. Transmitted to Governor

    5/7/2025House

  4. Signed by President

    5/7/2025Senate

  5. Signed by Speaker

    5/6/2025House

  6. Returned from Enrolling

    4/23/2025House

  7. Sent to Enrolling

    4/18/2025House

  8. 3rd Reading Senate Amendments

    4/17/2025House

  9. 2nd Reading Senate Amendments

    4/16/2025House

  10. Returned to House with Amendments

    4/11/2025Senate

  11. 3rd Reading

    4/11/2025Senate

  12. 2nd Reading

    4/10/2025Senate

  13. 2nd Reading Motion to Amend

    4/10/2025Senate

  14. Committee Report

    4/8/2025Senate

  15. Committee Executive Action

    4/7/2025Senate

  16. Hearing

    3/18/2025Senate

  17. Revised Fiscal Note Printed

    3/18/2025House

  18. Revised Fiscal Note Signed

    3/17/2025House

  19. Revised Fiscal Note Received

    3/17/2025House

  20. Referred to Committee

    3/6/2025Senate

  21. Transmitted to Senate

    3/5/2025House

  22. 3rd Reading

    3/5/2025House

  23. 2nd Reading

    3/4/2025House

  24. 2nd Reading Motion to Amend

    3/4/2025House

  25. 2nd Reading Pass Consideration

    3/3/2025House

Bill Text

  • Enrolled

    4/22/2025

    PDF

  • As Amended (Version 4)

    4/8/2025

    PDF

  • As Amended (Version 3)

    3/4/2025

    PDF

  • As Amended (Version 2)

    3/3/2025

    PDF

  • Introduced

    2/13/2025

    PDF

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