Montana Senate advances package of bills; contentious votes on attorney-fees carve-out and emotional-support animal rules

The Montana Senate on the floor advanced and passed a package of bills and held detailed debate on two contentious measures: a bill defining when courts may award attorney fees after a veto-override dispute, and a bill tightening documentation for emotional-support animals.

Senate debate centered first on Senate Bill 38, a measure that would limit attorney-fee awards in cases tied to legislative veto-override votes. Sponsor Senator Hertz framed the bill as clarifying what it means to “prevail” in cases that resulted from a court-ordered veto override, saying the measure instructs courts that a failed override vote does not meet the statutory standard for prevailing. Opponents voiced constitutional and fairness concerns. Senator Smith argued lawmakers were creating a series of carve-outs in response to lost court cases and urged colleagues to focus elsewhere, and Senator Kirby called the bill “your classic example of government overreach,” warning it could shield government entities from accountability. Senator Emmerich said the court had granted standing to a questionable party in the prior litigation and described the bill as a legislative response. The Senate approved SB38 on second reading, 32–18.

The second sustained debate involved Senate Bill 149, which revises documentation requirements for emotional-support animals. Sponsor Senator Logie said the bill aims to reduce online fraud in which consumers purchase certificates from out-of-state vendors by requiring that documentation come from a health care practitioner who is a mental health professional licensed in Montana. Opponents,…