Committee advances bail-bond bill after amendment that removes extraterritorial and court-access provisions; 11–9 roll call

The Montana House Business and Labor Committee on a roll-call vote of 11–9 approved House Bill 852 after adopting a substantial amendment that removes several provisions related to surety bail bond producers’ authorities.

Amendment 852.1.2 eliminates provisions that would have allowed surety bail bond insurance producers broad access to court records and certain extraterritorial apprehension and return authorities. Committee staff described a series of deletions and modifications across multiple sections: removal of language allowing producers to pursue principals across state lines, striking provisions that would have allowed a producer to enter a principal’s residence (including by force), eliminating a requirement for courts to prescribe a single uniform bail bond amount regardless of bond type, and deleting sections that would have restricted courts’ scheduling and notice processes tied to forfeiture and revocation procedures. The amendment also removed a section granting producers access to court records after the clerk of the supreme court had raised concerns.

Jameson, a committee staff member, walked members through the changes and said the amendment “get[s] rid of” the access-to-court-records provision and several extraterritorial authorities. Representative Nickel, the bill sponsor, thanked members for the hours they spent reviewing the bill. Representative Nickel said: "I just want to thank all of you for all of the hours in reviewing that you have done on this bill and the education that you have done on bail bonds." Representative Carter said he had heard from stakeholders who told him "this needs to go back to the drawing board," and announced he would vote no. Representative Springer said he could not move forward with the bill and also announced a no vote.

After discussion, the committee conducted a roll-call vote. The transcript records the following votes (ayes — 11; no — 9): Vice Chair Seekins Crowe — yes; Vice Chair Lynch — yes; Representative Nelson — yes; Representative Oblander — yes; Representative Carlin — yes; Representative Carter — no; Representative Gist — yes (by proxy); Representative Nickel — yes; Representative Steve Fitzpatrick — no; Representative Morris — no; Representative Springer — no; Representative Maness — yes; Representative Teal — yes; Representative Eisley — no; Representative Sechinger — no; Representative Schoemer — yes; Representative Sullivan — no; Representative S. Fitzpatrick — yes (by proxy); Representative Lear — yes (by proxy); Chair Buttrey — no. The chair announced the motion passed 11 for and 9 against and that HB 852 will move to the House floor.

The amendment substantially narrowed the bill’s original scope by removing producer arrest and cross-jurisdictional authority and the provision for producer access to court records. The committee record shows there remain stakeholders who oppose the bill and think further work is necessary; the sponsor said she hopes to continue negotiations after the bill reaches the floor.