Session Summary -- Week 15
The anti-LGBTQ Discrimination by Design campaign had a big win yesterday when HB 427, the ban against gender-affirming care for youth, was indefinitely postponed! We still have another chance to defeat HB 112, which would ban transgender youth from participating in school sports.
The Montana Legislature’s momentum was slowed a bit last week when in-person floor sessions and committee meetings for Friday were canceled after a private citizen tested positive for COVID-19. That delay gives us extra time to speak up!
Time to dive in for another round of calls and emails to make sure legislators are clear on what’s best for Montana. We still have a shot at ending the last anti-LGBTQ bills and other legislation on public schools, discrimination in the criminal justice system, and more.
How to contact your legislators
Last chance to say NO to HB 112 – Rights for transgender community members
HB 112, which would ban transgender youth from participating in school sports, was assigned to the Senate Conference Committee to revise a proposed amendment. That amendment needs approval from the House and Senate before it is forwarded to the governor. This is our final opportunity to stop this bill!
Actions – We’re asking our supporters to tell your representative and senator to vote “do not concur” on that bill. Also ask Gov. Gianforte to veto HB 112, SB 215, and SB 280. You can contact the Governor’s office at 406-444-3111, email a comment at governor@mt.gov, or click here to use an online email form.
Action item for businesses on HB 112!
Last week, the NCAA made a statement warning that legislation banning transgender student athletes could jeopardize states’ chances to host championship games. The statement says, “When determining where championships are held, NCAA policy directs that only locations where hosts can commit to providing an environment that is safe, healthy and free of discrimination should be selected. We will continue to closely monitor these situations to determine whether NCAA championships can be conducted in ways that are welcoming and respectful of all participants.”
The students and athletic department staff at the University of Montana held a press conference stating that the loss of championship games would not only hurt transgender athletes, but could cost Missoula businesses $7.5 million. Sports writer Jeff Welsch from the Missoulian wrote a scorching column on this topic.
Governor Gianforte and Lieutenant Governor Juras are claiming that they aren’t hearing from businesses that would be impacted by the the loss of championship games due to discriminatory legislation.
We need Montana businesses to call and write the governor to tell him to veto HB 112. When contacting the governor, please give your name, your business’ name, state that you are the owner of the business, and offer a few details about how the loss of Griz or Cat home games would harm your business.
Please call Gov. Gianforte’s office at 406-444-3111, email a comment at governor@mt.gov, or click here .
Support businesses opposing to anti-LGBTQ legislation!
In March, more than 350 businesses and organizations across Montana said no to anti-LGBTQ bills that have been working their way through the legislature! If you’d like to add your business or organization to the list, click here. Lots of people asked us for the list so they know which local businesses they can support!
HB 427 is done – Ban on medical care for transgender youth
HB 427 would have prevented trans youth under 18 from getting gender-affirming surgery. This situation is already heavily restricted, but bill sponsor Rep. John Fuller used the hearing on this bill in the Senate Judiciary Committee to spread misinformation about trans people and justify unnecessary restrictions on surgical care.
Fortunately, Senator Bryce Bennett called for a vote to postpone HB 427 indefinitely, and that vote passed 27-22. Click here to read a letter condemning HB 427’s attempt at intruding on the wellbeing of transgender youth in Montana.
YES to HJ 32 – Study discrimination in the criminal justice system
HJ 32 would create a study examining discrimination within Montana’s criminal justice system. We know that Indigenous people comprise 8-9% of the state’s population but comprise a much higher rate of incarcerated people. Approximately 37% of women in Montana prisons are Indigenous, and about 20% of incarcerated men are Indigenous.
We need more data on why this is happening and how we can actively reduce bias and discrimination within the criminal justice system.
Action – Please tell the House Judiciary Committee and your representative to vote YES on HJ 32.
HB 244 – Death penalty, likely defeated
HB 244 would have changed the requirements for drugs used for lethal injections so a broader range of drugs could be used for executions. A vote to indefinitely postpone the second reading of this bill passed 30-20 on Thursday, and there’s a good chance it will not be revived in the last weeks of the legislative session. Thank you for all of the calls and emails you made to defeat this bill!
SB 214 – Tribal sovereignty, passed third reading
SB 214 is an attempt to revise tax exemptions for private land that is being reclaimed and added to tribal trust lands.This bill passed third reading today (Wednesday).
Action - Please tell Gov. Gianforte to veto this bill.
HB 406 – Voter suppression, likely defeated
HB 406 is the last of the voter suppression laws left in the process. A vote to indefinitely postpone this bill happened on Wednesday, and we are relieved that this attempt to make mail-in ballot collection extremely difficult is finally history. We’re so grateful for everyone who told their legislators to reject this bill!
No to SB 108 – Militia ideology and health boards
SB 108 is another measure to undermine the ability of county health boards to address public-health crises like the current pandemic. A recent amendment lays out a process that allows community members to vote to overturn public health directives meant to keep our communities safe. Anti-government groups have routinely pushed for this type of situation.
Action – SB 108 passed its third reading in the House and is likely to be approved next week. Please contact Gov. Gianforte and ask him to veto this bill.
SB 100 – Economic justice, likely defeated
SB 100 would have made it more difficult for Montanans to qualify for public assistance programs, leading to low-income folks losing their healthcare or SNAP benefits. It was tabled in the the House Human Services Committee this week, so we are hopeful that this harmful bill is finished.
Thank you to Montana Women Vote and the Montana Budget and Policy Center for their leadership on this bill!
No to amendments on SB 278 – Protect non-profit organizations
Last-minute amendments to SB 278 would have added regulations for non-profit organizations that do not match the federal 501(c)(3) guidelines. One would have taxed nonprofits for challenging or supporting a “government action” and forced non-profits to make the names of any donor giving more than $50 public.
The amendments were rejected in the House and then were assigned to a conference committee.
Action – We’re not sure what will come out of committee, so ask your senator and representative to say NO to any new guidelines for non-profit organizations under SB 278.
No to HB 279 – Attack on public schools
The Religious Right is attacking the basic rights of many Montanans this session. They’ve targeted LGBTQ rights, reproductive choice, and now they’re trying to undermine public schools.
HB 279 is a proposal to increase the Montana Tax Credit Scholarship Program from a tax credit of $150 to an unbelievable $200,000. This bill burdens the state as wealthy folks receive more tax cuts which deplete funds available for our public schools. We know that many religious schools, like the one that Gov. Gianforte helped found in Bozeman, have refused to provide support services for students with special needs. Any measure that moves towards privatization and away from educating ALL students should be rejected.
Action – This bill had a hearing in the Senate Finance and Claims Committee and is waiting for a vote. Please tell this committee and your senator NO on HB 279.
NO to HB 229, SB 159 and HB 686 amendment – Anti-choice
You all have done amazing work opposing anti-choice bills this session! We have one major victory with the defeat of HB 337, the personhood bill. Details below.
Action items
An amendment to HB 686 would require that before the state may reimburse a provider for any service related to an abortion, a tribunal of three politically appointed physicians get to decide if a safe, legal abortion meets the arbitrary reimbursement criteria established by the state. Click here to send a message to the Senate Finance and Claims Committee to say NO to this amendment.
HB 229 will prevent insurance policies obtained through the Affordable Care Act exchange from covering abortion. This bill passed second and third reading in the Senate so please ask Gov. Gianforte to veto it.
HB 337 failed its third reading in the Senate! This bill would have attempted to redefine the word “person” and give a fertilized egg constitutional rights in order to ban access to abortion and possibly birth control. It is likely a dead bill, so no action is needed. Thank you for all of your work to defeat this terrible legislation!
No to SB 182 and SB 159 – Budget and revenue
Revenue bills during this session had one theme in common: lowering taxes for the wealthy and cutting much-needed funding for important state programs. You can read more here.
SB 159 would lower the top income tax rate from 6.9% to 6.75%. That means that 79% of the benefit will go to the wealthiest 20% of households and drop more than $30 million in revenue from the general fund per year. SB 159 was revived in committee and is heading for a floor vote.
Action - Please tell your representative NO.
SB 182 will trigger more tax cuts to wealthy Montanans based on state revenue levels. This bill will have serious repercussions that could last for years.
Action – This bill passed its second reading in the House and was referred to the House Appropriations Committee. Please tell that committee and your House member NO.
Bills recently passed
Here’s a recap of bills that passed their floor votes and are headed to the governor’s desk. Our position on each of these bills is indicated with a YES or NO.
HB 35 will establish a missing persons review commission in order to address the crisis of missing and murdered Indigenous people. YES
HB 36 would have established a missing persons response team training grant program to address the missing and murdered Indigenous women and people crisis. This bill was tabled in committee on April 13. YES
HB 98 will extend the Missing Indigenous Persons Task force and the LINC (Looping in Native Communities) grant program. YES
HB 121 would remove power from the nonpartisan public health experts on county health boards and give it to partisan members of county commissions. This bill passed its third reading on Thursday. NO
HB 200 would prohibit sanctuary cities in Montana, even though none currently exist. This bill would fine cities that do not take part in federal immigration issues. NO
HB 223 would compel local law enforcement to play the part of federal immigration agents and could increase racial profiling across Montana. This bill passed its third reading in the Senate. After approval of amendments, this should soon pass to the governor. NO
SB 169 would require photo IDs to register to vote and vote in person. It passed third reading in the House with amendments, and now the Senate has to approve those amendments. NO
SB 170, which required annual voter list maintenance that could lead to voter list purges, passed out of the House and was sent to the governor’s desk. NO
HB 176 will eliminate same-day voter registration and end late voter registration at noon the day before Election Day. It passed third reading in the House on Tuesday. NO
HB 258 would prohibit enforcement of any federal regulations regarding firearms in Montana. This bill passed the Senate and should be on its way to the governor’s desk. NO
SB 99 would prevent access to accurate sex education and ban qualified medical providers from offering sex education. This bill passed third reading on Friday. NO
SB 215 establishes the Religious Freedom Restoration Act (RFRA), which allows any person, corporation or other entity to claim an exemption from any law, policy or government regulation if the action might burden their religious expression. NO
HB 613 is the Montana Native American Voting Rights Act, which would make it easier for Indigenous people to vote. YES
SB 184 cuts certain capital gains taxes, which benefits wealthy investors, not workers. NO
SB 280 would force transgender people to have surgery and an open court hearing before changing the gender marker on their birth certificates. NO