Sen. Greg Hertz

Maddy summarySB 38 revises laws concerning attorney fees that can be awarded against government entities. The bill specifies that if a party sues to compel a legislative veto override poll and the poll does not result in an override, the party who brought the suit is not considered to have "prevailed." This change prevents government entities from being liable for the opposing party's attorney fees in such circumstances, even if the government's defense was found to be frivolous or in bad faith. This bill affects government entities and individuals or groups involved in legal actions related to legislative veto override polls.

Maddy summarySB 168 revises laws regarding lakeshore protection, primarily affecting property owners and contractors with structures in lakeshore protection zones. The bill establishes a 3-year statute of limitations for legal actions against these parties for violating lakeshore regulations, starting from construction completion or permit issuance for clearly visible structures. This limitation does not apply if the structure causes documented harm to the lakeshore, interferes with navigation, or creates a public nuisance. Additionally, the bill exempts minor ongoing maintenance, remodeling, or modifications (changes under $10,000 over five years) from future permitting requirements, unless they involve significant environmental impact or interfere with navigation.

Maddy summarySB 493 establishes the offense of criminal trespass by unmanned aerial vehicle, or drone. This bill makes it illegal for a person to knowingly fly a drone 200 feet or lower over another person's private property or residence without authorization. A conviction for this offense carries a $500 fine. The bill includes exceptions for operations by government agencies for public safety, utility or broadband service providers for inspections, and FAA-licensed operators conducting legitimate business activities.

Maddy summarySB 344 revises the process for how a governor's vetoed bill and message are officially delivered to the legislature when it is in session. The bill specifies that delivery must be made to either the chief clerk of the house or the secretary of the senate. Delivery is considered complete when these officials physically receive the bill and message, and a time-stamped, dated receipt is attached. This change aims to clarify and formalize the record of veto receipt for legislative action.

Maddy summarySB 161, titled "Provide for regulation and sale of aquaculture," establishes specific guidelines for the sale of aquaculture products. The bill amends existing state law to exempt aquaculture products from general commodity sales rules concerning measurement methods (e.g., by weight or liquid measure). It also allows homemade aquaculture products to be sold in retail food establishments, a provision not typically extended to most other homemade food items. This legislation directly affects individuals and businesses involved in aquaculture production and sale by providing clarity on how their products can be marketed and sold.

Maddy summarySB 166 revises the education requirements for certified public accountants (CPAs) in Montana. For initial licensure, applicants must hold a baccalaureate degree with a minimum of 150 semester hours of credit and meet specific accounting and business course credit hour requirements. The bill grants rulemaking authority to the relevant board to define these specific course credit requirements for initial licensure and continuing education for current licensees. These revised requirements are scheduled to become effective on January 1, 2026.

Maddy summarySR 105 is a Montana Senate Resolution that confirms the Governor's appointment of Misty Ann Giles. Upon confirmation, Ms. Giles will serve as the Director of the Department of Administration for a term at the pleasure of the Governor.

Maddy summarySenate Bill 495 eliminates the Tobacco Prevention Advisory Board. The bill repeals the specific section of law that established this board. It also amends existing statute to remove the board from the list of entities funded by state special revenue accounts, which are primarily used for tobacco disease prevention programs and the Children's Health Insurance Program. The direct effect is the dissolution of the advisory board, which previously provided guidance for these programs.

Maddy summarySB 143 revises Montana's civil liability laws by shortening the statutes of limitations for certain types of legal actions. The bill reduces the period for filing lawsuits based on a written contract, covenant, obligation, or liability from 8 years to 6 years. It also shortens the timeframe for actions seeking damages related to work on improvements to real property or land surveying, changing it from 10 years to 6 years after completion of the work. These changes directly affect individuals and entities involved in such contracts or property development, establishing new deadlines for bringing legal claims. The revised time limits will apply to actions filed on or after October 1, 2025.

Maddy summarySB 134, known as the "Safeguarding Endowment Gifts Act," establishes new protections for individuals and entities who make restricted donations to charitable organizations. The bill requires charitable organizations to adhere to written donor-imposed restrictions on endowment gifts. If a charitable organization violates these terms, the donor or their legal representative can file a court complaint for breach of the endowment agreement after providing 90 days' notice. Courts may order remedies consistent with the charitable purpose of the gift, but cannot order the return of donated funds to the donor.