January 6-10, 2025

Members sworn in; first state pay plan hearing held; foggy mountain breakdown; the rules are there are no rules.

The 69th Montana Legislature convened in Helena on Monday for its biennial 90-day session. Helena has been shrouded in dense fog for much of the week, as is the outcome of a Senate Rules debate, stalling committee work in that chamber. In addition, new bill and amendment drafting, tracking, and scheduling systems have contributed to the session’s wobbly launch and have presented a few challenges for drafters, lawmakers, agencies, the media, and the public. Despite the hiccups and some early drama, the institution is operational and conducting business.

To date, this legislature has not exceeded last session’s record-setting number of bill requests, but with the figure nearing 4,300, it’s nothing to sleep on. OCHE’s experienced legislative team is keeping close tabs and meeting daily on bills and draft requests that might impact the MUS.

MUS Priorities

The MUS's three major priorities, generally found in HB 2 (which has not yet been introduced), HB 13, HB 5, and HB 10, are:

  • securing essential funding for system and campus programs, operations, and services;
  • supporting the state employee pay adjustment to continue to attract and retain world-class employees across the university system; and
  • addressing critical infrastructure and technology needs to provide safe and healthy facilities for students and staff and to provide the physical spaces and tools that drive research and innovation.Key Hearings This Week

HB 13
On Thursday, the House Appropriations Committee held the first hearing on HB 13,  sponsored by Representative John Fitzpatrick (R-Anaconda), to implement the pre-session agreement reached by Governor Gianforte and state employee unions to increase pay for public employees. The MUS, represented by Galen Hollenbaugh, Deputy Commissioner for Government Relations and Communications, and Kerry Davant, Executive Director of Human Resources, stood in support of the bill on behalf of system employees. 

If enacted and funded in its introduced form, HB 13 would:

  • increase the base pay of each employee by $1 an hour or by 2.5%, whichever is greater, each year of the 2027 biennium;
  • provide for travel reimbursement at 70% of the standard federal reimbursement rate; and
  • for the MUS, increase employer contribution benefits by $26 a month the first year of the biennium and $53 the second year.

HB 13 would also set a legislative pay rate for future biennia.

Representatives of the Montana Federation of Public Employees, other bargaining entities, and numerous state agency representatives testified in support of the bill and answered questions. There were no opponents.

The committee took no action on the bill.

Other Hearings from Week 1

HB 121- Provide privacy in certain restrooms, changing rooms, and sleeping quarters

The House Judiciary Committee heard HB 121 Friday morning. HB 121 seeks to require "covered entities" to "designate each multi-occupancy restroom, changing room, or sleeping quarters for the exclusive use of females or males." In the bill, a covered entity is considered to be a correctional center, a juvenile detention facility, a local domestic violence program, a public building, or a public school. The bill provides that a person may bring a private cause of action against a covered entity that has not complied with the requirements if the person encounters another individual of the opposite sex in the restroom or changing room.

The Committee took no action on the bill.

Bills to Watch

HB 5 - Long-range building appropriations
HB 5 appropriates money and confers authority for major repair and capital projects for the MUS as well as all other state entities. HB 5, sponsored by Rep. John Fitzpatrick (R-Anaconda), has not yet been formally scheduled for a hearing, although the MUS's Section E Budget Subcommittee anticipates a joint hearing at the end of January with the Section F Long-Range Planning Subcommittee to consider the system's portion of the bill.
 
HB 10 - Long-range information technology appropriations
MUS projects included in HB 10, also sponsored by Rep. Fitzpatrick, are CyberMontana (Security Operations Center, Workforce Training Programs, Cyber Policy Clinic), Security Information and Event Management (SIEM), and Enterprise Resource Planning and System Replacement (combined appropriation for Miles Community College and Dawson Community College).  SB 10 has not yet been scheduled for a hearing.

SB 44 - Generally revise laws regarding the separation of powers doctrine
One of the products of the interim's Senate Select Committee on Judicial Oversight and Reform, SB 44, sponsored by Sen. Daniel Emrich (R-Great Falls) proposes to revise and codify laws regarding the separation of powers doctrine and define in the Montana Code Annotated the powers of the Executive Branch, the Legislative Branch, the Judicial Branch, the Board of Regents, and the Board of Public Education. The Senate Judiciary Committee will hear SB 44 on January 14.

Session Developments

House, Senate, and Joint operating rules govern the detailed operation of the chambers and include everything from committee composition and operation to deadlines to required vote thresholds to allowed motions to decorum and beyond. Rules are often at the heart of heated discussion at various points in the session. So far, this session is no exception.

HR 1 - House rules resolution
HR 1 contains the Rules of the 69th Legislature’s House of Representatives. On Friday, after considerable debate surrounding proposed new language detailing the meaning of decorum and outlining the consequences of breaching decorum (including expulsion from the chamber), the House Rules Committee passed HR 1 as amended. The full House will likely consider HR 1 early next week.

SR 1 - Senate rules resolution
On Thursday evening, the full Senate rejected the version of SR 1 that the Senate Rules Committee had passed. At issue is the creation of a new committee called the Executive Branch Review Committee, to which Senate leadership said they had planned to refer legislation from the Governor’s Office and other Executive Branch agencies. Nine Republicans and all 18 Democrats voted against the measure and by the same margin opted to indefinitely postpone SR 1, meaning it may not advance without a successful motion to reconsider.

SR 1’s state of limbo had resulted in much of the Senate’s committee work to be put on hold this week, but at the conclusion of Friday’s Senate floor session, Senate committee chairs announced a full slate of meetings for next week. The future of the rules resolution remains uncertain.

Bill System and Bill Tracking

Those interested in following the proceedings of the legislature are navigating a new platform for following bills, amendments, and hearings; however, kinks in the system functionality and accuracy persist.

The Legislative Services Division has contracted with a private company called Bill Tracker to allow any member of the public to create lists of bills to follow. To access this service, go to the Montana Legislature’s website and click on the “Bills” link at the top of the page, then click on “Bill Explorer”. In the upper right corner of the screen, select “Bill Tracker Login” and follow the sign in instructions. Bill Tracker has provided a guide to use the public service.

Upcoming Hearings and Events

January 14

SB 44 - Generally revise laws regarding the separation of powers doctrine
Senate Judiciary Committee; Room 303; 8:00 am

January 27-30

MUS HB 2 Budget Hearings - Section E Appropriations Subcommittee

Time Served

Legislative Day: 5
Percent Complete: 5.56%