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, led by Senator Olson, cautioned the bill could conflict with the federal Fair Housing Act and create access problems: Olson noted many areas of Montana lack licensed mental-health providers and that telehealth relationships often cross state lines, meaning out-of-state letters could be denied under the bill’s language. In response, the sponsor pointed to the statutory definition cited in the bill (listing professions such as licensed physicians, clinical professional counselors, psychologists, clinical social workers, advanced practice registered nurses and physician assistants) and said licensed Montana practitioners are available. SB149 passed second reading, 34–16.

Other bills discussed and advanced on second reading or passed on the floor included measures that change advisory-committee membership for urban renewal/tax increment financing boards (Senate Bill 3), expand the state income-tax exemption for certain military retirement and survivor benefits (Senate Bill 93), allow the Department of Corrections to contact victims in change-of-name petitions (Senate Bill 65), reduce minimum public-notice timeframes for certain election notices (Senate Bill 115), and require legislative committee review when a court deems a proposed statewide initiative legally sufficient (Senate Bill 47). Sponsors summarized each bill on the floor; several drew little debate and were approved by voice or roll-call votes with tallies recorded in the clerk’s announcements.

Votes at a glance (selected floor and committee votes reported on the record) - SB 3 (urban renewal advisory committee composition): Passed (committee reported; roll-call recorded: 50 ayes, Mansella voting by proxy). Description: Adds county/consolidated city-county and overlapping school-district representation and transition provisions. - SB 93 (military pensions/retirement exemption): Passed (48 ayes, 2 nays). Description: Expands exemption eligibility back to Sept. 11, 2001; removes a five-year claim limit and a statutory sunset. - SB 38 (attorney fees after veto-override related litigation): Passed (32 ayes, 18 nays). Description: Directs courts that a failed veto-override vote does not establish a prevailing party for fee awards absent prevailing on the underlying claim and a finding of frivolous/bad-faith conduct. - SB 149 (emotional-support animal documentation): Passed (34 ayes, 16 nays). Description: Requires documentation from a mental-health professional licensed in Montana as defined by statute; sponsor cited professions listed in statute 53-21-102. - SB 65 (Dept. of Corrections authority to contact victims on name-change petitions): Passed (50 ayes). Description: Directs DOC to make reasonable efforts to contact victims for relevant information. - SB 115 (public-notice timeframe related to elections): Passed (49 ayes, 1 nay). Description: Adjusts minimum notice timing (sponsor framed as reducing burdens on counties and lowering publication costs). - SB 47 (legislative committee review for statewide initiative sufficiency): Passed (29 ayes, 21 nays). Description: Requires that, after a court finds a proposed statewide initiative legally sufficient, a legislative committee review be required and changes ballot formatting to require a plain yes/no option.

Third-reading passage (selected bills announced by the clerk) - SB 128: Passed 33–17 (revises county clerk and recorder election laws). - SB 129: Passed 29–21 (revises voter registration to include party preference). - SB 97: Passed 32–18 (revised venue laws for challenges to constitutionality of recent laws). - SB 11: Passed 50–0 (revised local government ballot-issue laws). - SB 7: Passed 31–19 (repeal of certain retirement-criteria changes). - SB 9: Passed 46–4 (allows certain agency deposit frequency changes). - SB 96: Passed 40–10 (Working Animal Protection Act). - SB 148: Passed 50–0 (allow landowners to designate licensees for persons with disabilities). - SB 99: Passed 27–23 (revised unrelated business taxable income provisions). - SB 103: Passed 47–3 (revised fee for issuing execution/order of sale on foreclosure).

What happened next: the committee report adopting the committee-of-the-whole recommendations was adopted and the Senate adjourned to the date announced by the majority leader.

Context and limitations: This report is based on the Senate floor transcript and records delivered in the session. Quotations are taken from the public floor record. Where the transcript referenced statutory sections or definitions (for example, the list of practitioner types supporting SB 149), the article cites those references exactly as discussed on the floor; for legal or compliance questions (for example, the Fair Housing Act concerns raised during SB 149 debate) this article reports lawmakers’ arguments and does not attempt legal interpretation.