Sen. Daniel Emrich

Maddy summarySB 42 would require partisan ballots for all judicial elections in Montana, replacing the current nonpartisan system for Supreme Court justices, district court judges, justices of the peace, and municipal court judges. The bill mandates that judicial candidates run under political party labels, allows political parties to endorse and contribute to judicial candidates, and creates a separate primary election for independent candidates. It also sets a minimum vote requirement (5% of the previous primary's lowest-winning vote total) for unopposed independent candidates to advance to the general election. The bill repeals existing nonpartisan election rules and amends multiple statutes to implement these changes.

Maddy summaryMontana's SB 396 requires public libraries to place all resources containing sexual or graphic sexual content exclusively in young adult or adult sections, regardless of the material's intended age group. Community members can object to a resource's placement, prompting the library to move it to the required section. Libraries must also restrict children's access to digital content with sexual or graphic material to parental discretion. The bill directly affects Montana public libraries, their governing boards, and community members, but died in committee in May 2025.

Maddy summarySB 381 would have allowed Montana to sell state-owned lands under 100 acres for homesteading, targeting parcels with legal access, no development barriers, and not designated as parks. Qualified homesteaders - Montana residents for 10+ years - could purchase up to 5 acres at full market value, but must build a primary residence within 5 years or forfeit the property. The bill required the Department of Natural Resources to identify suitable lands and set rules for sales, exempting homestead deeds from standard subdivision laws. This bill died in process on May 23, 2025, and did not become law.

Maddy summarySB 156 would change the required proof standards in Montana child abuse and neglect cases. It raises the evidence needed for temporary legal custody and long-term custody from "preponderance of the evidence" to "clear and convincing evidence," and increases the standard for terminating parental rights from "clear and convincing evidence" to "proof beyond a reasonable doubt." These changes directly affect child welfare cases involving custody decisions, the state (which files petitions), parents, and guardians. The bill amends Montana Code Annotated sections governing these proceedings to implement these revised standards.

Maddy summarySB 382 requires schools, daycares, healthcare providers, and state agencies to accept religious or informed consent exemptions for immunizations without question. It prohibits these entities from denying enrollment or services based on such exemptions and mandates they accept them as valid documentation. Failure to comply risks loss of state funding, and individuals denied exemptions can file complaints or seek damages. The bill also prohibits discrimination based on vaccination status in most settings, except for schools and daycares covered under existing immunization laws. This bill died in process on May 23, 2025, and did not become law.

Maddy summarySB 159 would create an "Educational Opportunity Fund" within Montana's coal severance tax trust. It increases the annual cap on educational tax credits from $2 million to $5 million starting in 2024, with automatic annual increases of 20% plus 50% of fund earnings. This bill directly affects taxpayers who donate to school districts for innovative programs or to scholarship organizations, allowing them to claim larger tax credits. It also removes the previous sunset provision, making the credit program permanent. The bill amends existing tax code sections to implement these changes to educational funding.

Maddy summarySB 474 would have expanded school immunization exemptions in Montana to include religious exemptions and a new "personal medical informed consent" exemption requiring only a notarized statement. This new exemption would allow students to decline vaccines after consulting a healthcare provider (without needing a provider's signature), distinct from the existing medical exemption requiring a healthcare provider's written statement. The bill also amended school immunization laws (20-5-405 and 49-2-312) to prevent schools from being sued for injuries related to exempt students and to block overly burdensome exemption forms. The bill died in committee on May 23, 2025, and never became law.

Maddy summarySB 50 requires a court warrant for removing a child from their home due to suspected abuse or neglect, except in immediate danger situations. It mandates that an abuse/neglect petition be filed within 72 hours of an emergency removal. The bill amends Montana law to clarify that warrantless removals are only permitted when a child faces imminent, apparent danger of sexual or physical abuse. These changes apply to child protection specialists, law enforcement, and courts handling child welfare cases. The bill aims to strengthen court oversight while balancing child safety with procedural safeguards.

Maddy summarySB 273 would have changed Montana's assault law by giving victims (with specific exceptions for developmentally, physically, or mentally disabled individuals) the sole authority to decide whether to file assault charges. The bill amended Montana Code Annotated § 45-5-201 to state that victims - not prosecutors - determine if charges proceed for most assault cases. This would have shifted the decision-making power from law enforcement to the victim in non-exempt cases. The bill was referred to the Judiciary Committee, heard, tabled, and ultimately died in process on May 23, 2025, without becoming law.

Maddy summarySB 383 amends Montana law to prevent victims of partner or family member assault from being charged with assault themselves. The bill specifically adds Section 1(9) to Section 45-5-206, MCA, stating: "A victim may not be charged with partner or family member assault." This directly affects domestic violence victims who may have been prosecuted for defending themselves against abusers. The key mechanism is a clear legal prohibition on charging victims, ensuring only the abuser can face criminal charges in such incidents. The bill does not change penalties for offenders or other provisions like mandatory counseling.