Rep. Bill Mercer

Maddy summaryThis bill, HB 539, revises the process for legislative veto override polls when the legislature is not in session. It primarily affects the Secretary of State and state legislators by adding a new requirement. Under this bill, the Secretary of State must conduct a daily tally of legislator veto override votes during the polling process. This daily tally must then be published on the Secretary of State's website within 15 days of sending out the voting instructions.

Maddy summaryHB 715 revises Montana's laws regarding court-issued injunctions, which are orders for a party to either take or refrain from taking certain actions. The bill establishes a clear four-part standard for courts to grant mandatory preliminary injunctions, requiring each criterion to be assessed independently. It also reorganizes and clarifies the standards for prohibitory preliminary injunctions, aiming to align these with federal court precedents. Additionally, the bill defines specific circumstances under which "interpersonal injunction orders" may be issued, such as to prevent property fraud or in cases related to protection orders.

Maddy summaryThis bill revises Montana's water quality standards by repealing the existing numeric nutrient standards. It directs the Department of Environmental Quality (DEQ) to remove all references to these standards from administrative rules and repeal the specific circular (DEQ-12A) that established them. The bill aims to address the previous standards, which were described as unachievable and burdensome for entities like Montana's municipal wastewater treatment systems. Additionally, it requires the DEQ to update related guidance and policies and eliminates the Nutrient Work Group.

Maddy summaryHB 625 creates a mechanism to reduce the state funding provided to counties if they fail to comply with mandatory child abuse or neglect reporting requirements. Specifically, a county's "entitlement share," which is a payment from the state general fund replacing various local government revenues, can be withheld. The Attorney General is tasked with reporting non-compliant counties to the Department of Revenue, which then implements the reduction. This bill aims to ensure counties adhere to child abuse reporting standards by linking compliance to their state financial distributions.

Maddy summaryHB 523 creates a process for public cemeteries to declare unused burial lots as abandoned. A lot can be considered abandoned if it has not been used for interment and there has been no contact with the owner or their heirs for 75 years or more. An individual can petition the cemetery administrator, who must then publish a public notice for three weeks to allow any owners or heirs to claim the lot. If no valid claim is made, the lot is deemed legally abandoned, and the petitioner may purchase it. This process does not apply to lots for veteran burials or those with confirmed human remains.

Maddy summaryHB 342 establishes a statutory duty of care for licensed health care providers in medical malpractice actions. It requires providers to offer care consistent with the skill and learning reasonably used by others in the same specialty and with the same certification. Individuals claiming a violation must establish this standard of care using competent evidence, including qualified expert testimony. The bill clarifies that the existence of risks does not change the established standard of care.

Maddy summaryHB 694 revises Montana's child abuse and neglect laws, impacting children, their families, and the Department of Public Health and Human Services. The bill updates state policy to emphasize child health and safety, family preservation, and children's rights. It establishes a voluntary registry for close relatives to be notified when a child is removed from their home. Additionally, HB 694 revises placement preferences for foster care and adoption, prioritizing extended family and community members with similar ethnic, cultural, and religious heritage, and explicitly disfavors placements outside of the United States.

Maddy summaryHB 253 mandates that the Department of Public Health and Human Services (DPHHS) disclose specific health information daily during a declared public health emergency. This bill requires the DPHHS to publish on its website the total number of individuals hospitalized and those who have died due to the emergency, while adhering to confidentiality laws. For these categories, the department must provide breakdowns by age group, gender, length of hospitalization, date of death, and any contributing underlying conditions or personal characteristics. The aim is to provide the public with detailed, aggregated data about the health impacts of an emergency.

Maddy summaryHB 195 revises Montana’s cap on non-monetary damages (like pain, suffering, and emotional distress) in medical malpractice cases. It immediately raises the limit from $250,000 to $300,000, with scheduled annual increases: $350,000 in 2026, $400,000 in 2027, $450,000 in 2028, $500,000 in 2029, and 2% annual increases thereafter. The cap applies per patient per incident and is determined by the date the claim was first filed (with the medical panel or in court), not the trial date. This directly affects patients filing medical malpractice claims and healthcare providers defending such cases.