Montana Legislature
Grass Roots Efforts
68th Montana Legislature
January 2 – May 9, 2023
Legislative Session Report
Roger A. Hagan, EANGMT/MTNGA Legislative Liaison
The 68th Legislative Session of the Montana State Legislature of 2023 came to an abrupt close on Tuesday, May 2nd, following an unexpected early motion to ‘sine die’ (adjourn) made in the Senate. While your Montana National Guard Associations experienced one of the most productive and beneficial lawmaking sessions that I have seen in my 44 years of representing you, the early adjournment did leave us with a few loose ends and yet unanswered questions.
Entering the legislative session, we had several priorities set by your membership and our commitment to the Department of Military Affairs (DMA) initiatives. It is my belief that our associations and the DMA worked extremely well together, making it one of the best sessions ever. Additionally, over the course of the session, several legislators brought forth other bills that were of importance to our membership. All told, we discussed or testified for or against 48 bills and monitored an additional 100+ bills or bill draft requests. We worked closely with the Montana Department of the American Legion, and various other groups, on many legislative pieces, recognizing the common benefit for both the National Guard members and all veterans of Montana.
By far the most significant legislation that we were successful in passing was a state income tax exemption of military retirement. While HB 219, one of the two income tax exemption bills, was tabled in the House, SB 104 made it to the Governor’s desk. This bill was signed by Governor Gianforte on May 16th.
Our organizations have been working on the tax exemption effort since 2008 and we were finally able to convince our legislators of the economic and workforce value of encouraging military retirees to relocate to or remain in Montana after they retire. While the legislation only provides an exemption for up to 50% of military retirement, based upon the retiree’s Montana Wage Source Income, it certainly is a great step forward. This bill had 4 committee hearings, 18 votes, was left for dead once, revived thanks to a good effort by a legislator, and in total was moved from the Senate to the House and back to the Senate for votes over the period of 4+ months.
While the passage of SB 104 was the most long sought after legislation of our efforts, by far the most important legislation that we were successful in defeating (yes, DEFEATING) was HB 527 and SB 560. Both of these efforts were ‘coyly named’ the Defend the Guard Act but were more appropriately considered a bill to DEFUND the Guard! Had either of these bills passed, the law would have prevented our Governor from allowing Montana National Guard members to deploy for overseas contingent operations unless there was a formal declaration of war by Congress.
As you may well know, this would have had a major impact from the federal perspective of the equipping, training, and missioning of our guard units. If the Montana National Guard is not available to mobilize for the defense of our nation, our value to the Department of Defense and America would be minimal, likely resulting in the loss of key missions and equipment. I am proud to say that our membership and that of the American Legion and VFW came out strongly against these two bills and were successful in defeating them. The ‘Defend the Guard’ effort was promoted by a national organization in over 31 states, and we fully expect the bill to come back in two years.
Sadly, one bill that we were unable to get passed was HB 82, a bill to grant a $500 stipend to veterans who provided a prospect lead that resulted in a successful enlistment in the Montana National Guard. This was a key bill for the MT National Guard and had our association’s strong support. Our recruiting numbers need bolstering, and this bill would have taken us a long way to assist in recruitment. For unknown reasons, this paltry $250,000 appropriation became a pawn in other funding issues and was tabled in the Senate Finance and Claims Committee after a resounding success in the House and a 42-8 positive vote initially in the Senate.
My thanks to all MTNGA/EANGMT members who responded to our “Legislative Alerts”, your involvement in the process is very important and has been valuable. Below is a comprehensive list of bills that your associations played a key part in being passed or defeated. Bills with an asterisk (*) are bills the MTNGA and EANGMT prioritized, and those DMA bills we supported. The bills without an (*) although not on our priority list are ‘pop up’ bills brought by legislators during the session that our associations either supported or opposed.
* HB 2, Representative Llew Jones, (R) Conrad – General Appropriations Act – 2025 Biennium Budget for the Department of Military Affairs and Montana Veterans Affairs Division, budget included funding for MTNG Scholarship Program and other DMA requirements – (DMA initiative – passed)
* HB 5, Representative Mike Hopkins, (R) Missoula – Long-range building appropriations – includes funding for multiple DMA facility upgrades and several million $ for a new Billings Readiness and Innovation Campus (DMA initiative – passed)
* HB 63, Representative Scot Kerns, (R) Great Falls – Generally revise liability laws related to armed forces and national guard (DMA initiative – passed)
* HB 80, Representative George Nikolakakos, (R) Great Falls – Adopt most recent federal military codes and regulations (DMA initiative – passed)
* HB 81, Representative Braxton Mitchell, (R) Columbia Falls – Create new state veterans’ cemetery, next to Columbia Falls Veterans Home (DMA initiative – passed)
* HB 82, Representative George Nikolakakos, (R) Great Falls – Create Montana national guard enlistment incentive program (DMA initiative, tabled in Senate Finance & Claims Cmte – failed)
* HB 89, Representative Paul Green, (R) Hardin – Revise laws related to Montana national guard life insurance and court martials (DMA initiative – passed)
* HB 107, Representative Brad Barker, (R) Roberts – Generally revise the duties of SERC (DMA initiative – passed)
* HB 134, Representative Katie Zolnikov, (R) Billings – Revise laws related to the armory account (DMA initiative – passed)
* HB 219, Representative Scot Kerns, (R) Great Falls – Exempt certain military pensions and survivor benefits from income taxes (Associations and American Legion priority – tabled in House Appropriations Cmte – failed)
HB 223, Representative Scot Kerns, (R) Great Falls – Expanding the disabled veteran property tax assistance program (tabled in Senate Finance and Claims Cmte – failed)
HB 224, Representative Derek J. Harvey, (D) Butte – Revise vehicle registration law regarding military personnel (passed)
* HB 264, Representative Marta Bertoglio, (R) Montana City – Establish decennial veterans’ long term care needs study (Associations’ and American Legion priority – passed)
HB 274, Representative Scot Kerns, (R) Great Falls – Revise civil air patrol funding (passed)
HB 275, Representative Scot Kerns, (R) Great Falls – Provide for board of veteran affairs townhall meetings (Associations and American Legion opposed – tabled in House State Administration Cmte – failed)
* HB 298, Representative Marta Bertoglio, (R) Montana City – Revise board of veterans affairs laws (DMA initiative – passed)
HB 325, Representative Lyn Hellegaard, (R) Missoula – Revise eligibility for disabled veteran property tax assistance program (passed)
HB 336, Representative Edward Buttrey, (R) Great Falls – Provide licensure exemptions for military family child care providers (passed)
HB 377, Representative Linda Reksten, (R) Polson – Create a 250th commission for Montana, preparing for 250th Anniversary of the Declaration of Independence in 1776 (passed)
* HB 427, Representative Scot Kerns, (R) Great Falls – Revise military affairs laws regarding worker’s compensation (DMA initiative – passed)
* HB 462, Representative Marta Bertoglio, (R) Montana City – Revise distribution of marijuana revenues (Associations’ and American Legion priority – tabled in House Appropriations Cmte – failed)
HB 494, Representative Jim Hamilton, (D) Bozeman – Revise property tax assistance program and disabled veteran program (tabled in House Taxation Cmte – failed)
* HB 527, Representative Lee Deming, (R) Laurel – Require official action to release Montana national guard to active duty combat, aka DEFEND THE GUARD ACT (Associations’ and American Legion opposition priority – defeated on the House Floor 40-60 – failed)
HB 545, Representative Edward Buttrey, (R) Great Falls – Revise state laws to recognize creation of US Space Force (passed)
HB 583, Representative Brad Barker, (R) Roberts – Revise occupations and education laws for military license reciprocity (passed)
HB 663, Representative Scot Kerns, (R) Great Falls – Establish a Montana veterans hall of fame (passed)
HB 669, Representative Bill Mercer, (R) Billings – Revise laws related to allocation of marijuana tax revenues (Associations and American Legion priority – tabled in Senate Finance and Claims Cmte – failed)
HB 752, Representative Braxton Mitchell, (R) Columbia Falls – Require the national anthem to be performed at sporting events (tabled in House State Administration Cmte – failed)
HB 840, Representative Ron Marshall, (R) Hamilton – Revise tobacco tax allocation for state veterans’ nursing homes – (passed)
HB 843, Representative Scot Kerns, (R) Great Falls – Free hunting/fishing for service members/veterans with 50% disability rating (tabled in House Appropriations Cmte – failed)
HB 852, Representative Jill Cohenour, (D) East Helena – Provide for recognition of family members of deceased veterans (passed)
HB 878, Representative Tony Brockman, (R) Kalispell – Revise medical marijuana laws for veterans (tabled in House State Administration Cmte – failed)
HJ 14, Representative Lola Sheldon Galloway, (R) Great Falls – Acknowledge service of Korean War veterans (passed)
HR 3, Representative Lola Sheldon Galloway, (R) Great Falls – Resolution to acknowledge service of Vietnam veterans (passed)
* SB 40, Senator Mike Cuffe, (R) Eureka – Generally revise laws related to Montana national guard duty status (DMA initiative (passed)
* SB 66, Senator Mike Fox, (D) Hays – Generally revise laws related to Montana national guard benefits and rights (DMA initiative – passed)
* SB 104, Senator John Fuller, (R) Kalispell – Exempt retired military pensions from state income tax (Associations’ and American Legion priority – passed)
SB 221, Senator Barry Usher, (R) Laurel – Allow USS Montana crew to apply for license plates (passed)
SB 298, Senator Brad Molnar, (R) Laurel – Revise laws related to hunting by disabled persons (tabled in House Fish, Wildlife, and Parks Cmte – failed)
SB 309, Senator Dan Bartel, (R) Lewistown – Establish the Ensign James A Shelton Memorial Highway (passed)
SB 389, Senator Daniel Emrich, (R) Great Falls – Revising education laws to add a definition of “civics” (tabled in Senate Education and Cultural Resources Cmte – failed)
SB 423, Senator Kenneth Bogner, (R) Miles City – Generally revise liability related to firearm hold agreements (passed)
* SB 442, Senator Mike Lang, (R) Malta – Allow marijuana tax revenue to be used for county road maintenance, including funding for MT Veterans Affairs Division (Associations’ and American Legion priority – vetoed by the Governor – failed)
SB 514, Senator Brad Molnar, (R) Laurel – Provide for individual income tax refunds of surplus revenue, includes military retirement (tabled in Senate Taxation Cmte – failed)
* SB 560, Senator John Fuller, (R) Kalispell – Establish the Defend the Montana Guard Act (Associations’ and American Legion opposition priority – defeated in the Senate State Administration Cmte 4-6 – failed)
SJ 17, Senator Mike Fox, (D) Hays – Joint resolution recognizing veterans and military service “A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA RECOGNIZING MONTANANS WHO HAVE SERVED AND CONTINUE TO SERVE IN THE MILITARY AND DECLARING 2023-2025 AS THE ERA OF RECOGNITION AND COMMEMORATION OF THE MONTANA NATIONAL GUARD, MONTANA ARMY NATIONAL GUARD, MONTANA AIR NATIONAL GUARD, U.S. ARMY RESERVE, MARINE CORPS RESERVE, U.S. NAVY RESERVE, AND ALL ACTIVE DUTY MILITARY PERSONNEL” (American Legions priority – passed)
SJ 18, Senator John Fuller, (R) Kalispell – Joint resolution recognizing veterans and military service “A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA HONORING THE MONTANA 163RD INFANTRY REGIMENT; AND DECLARING MARCH 5, 2023, AS THE OFFICIAL DATE OF THE RECOGNITION OF THE 80TH ANNIVERSARY OF THE MONTANA 163RD INFANTRY REGIMENT’S VICTORY IN THE BATTLE OF SANANANDA, PAPUA, NEW GUINEA” (American Legion priority – passed)
SJ 19, Senator Kenneth Bogner, (R) Miles City – Joint resolution for Honor and Remember Medallion (passed)
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EANGMT Resolutions
Resolution #22-01: EANGMT Legislative Priorities
Resolution #22-02: Exemption of Title 32 Earnings
Resolution #22-03: Exemption of Income from Military Pensions or Retirement
Resolution #22-04: Establish a Military Strategic & Economic Impact Task Force
Legislative Issues of Interest to Montana Military and Veterans
These bills are brought forward by State Senators and Representatives and are of interest to military organizations including the Enlisted Association, Officer’s Association, American Legion, and the Department of Military Affairs.
An act revising state income taxation for military pensions, retirement, and survivor benefits; exempting a portion of military pensions or retirement income and survivor benefits from income taxation; providing the exemption to retired members of the Armed Forces, a Reserve Component, or the National Guard; and providing rulemaking authority.
Signed by the Governor on May 16, 2023!
An act revising state income taxation for military pensions, retirement, and survivor benefits; exempting a portion of military pensions or retirement income and survivor benefits from income taxation; providing the exemption to retired members of the Armed Forces, a reserve component, or the National Guard; providing rulemaking authority.
SB 104 passed the Senate and was referred to the House Taxation Committee. The hearing is scheduled for Thursday, April 6th, at 8 am, in Room 152. Hope to see many of you at the hearing. This is an effort our organizations have pursued for several sessions, and you can help it become a reality.
- Senate Bill 560 - LEGISLATIVE ALERT
- An Act Requiring an Official Congressional Declaration or Action to Release the MTNG to Active Combat Duty - Titled "Defend the Guard Act"
This bill serves to:
- Repeat the same efforts as HB 527, DEFEATED IN THE HOUSE
- Preempt the Governor of Montana from releasing our Soldiers and Airmen to active duty in support of federal missions deemed to be ‘Active Combat Duty’ without an official congressional declaration of war pertaining to the mission
- This law would relegate our Montana National Guard to nothing more than a peacetime force, inaccessible by the Department of Defense for several missions, perhaps even precluding support of our State Partnership Program Nations
- This bill is intended to entice retiring service members to relocate to Montana, thus enhancing our workforce with highly educated, disciplined, and responsible citizens
- If the Montana National Guard cannot support all operations required by the President and Department of Defense, we will become the last to be called (if at all) and our missions, training, equipping and funding will be decimated
- While the intent of ‘no more wars without a congressional declaration’ is understood, correcting the situation by isolating Montana from defense missions across the board will do nothing to change the situation which is rooted at the national level
- As mentioned, this effort was defeated in the House (HB 527), so let’s insure it is defeated in the Senate
DO NOT WAIT!
Contact the full Senate State Administration Committee and YOUR Senator expressing your OPPOSITION to SB 560. This must be done IMMEDIATELY as a hearing may be scheduled any day.
An act establishing a decennial veterans’ long-term care needs study; defining the scope of the study; assigning staffing responsibility to the department of public health and human services; establishing reporting requirements; providing an appropriation; and providing an effective date.
The bill will be heard in the Senate State Administration Committee on Monday, March 27, 2023, in Room 335 at 3:00 p.m.
This bill serves to:
- Exempt up to 50% of military pension income, military retirement income and survivor benefits based on an offset by Montana Source Wage Income.
- Provides for an effective date of January 1, 2024
- Was amended to ‘sunset’ December 31, 2033 (we want this sunset removed)
- This bill is intended to entice retiring service members to relocate to Montana, thus enhancing our workforce with highly educated, disciplined, and responsible citizens
- (we want this sunset removed) Having a sunset on the law will serve to prompt potential military retirees to avoid Montana, as the benefit may be removed after they relocate
Contact the full Senate Finance and Claims Committee and YOUR Senator asking they remove the sunset and pass the bill.
The bill will be heard in the Senate Finance and Claims Committee on Friday, March 17, 2023, in Room 317 at 8:00 a.m.
An act establishing a decennial veterans’ long-term care needs study; defining the scope of the study; assigning staffing responsibility to the department of public health and human services; establishing reporting requirements; providing an appropriation; and providing an effective date.
The bill will be heard in the Senate State Administration Committee on Monday, March 27, 2023, in Room 335 at 3:00 p.m.
- Senate Bill 104 - LEGILATIVE ALERT #2
- Revising State Income Taxation for Military Pensions, Retirement
This bill serves to:
- Exempt up to 50% of military pension income, military retirement income and survivor benefits based on an offset by Montana Source Wage Income.
- Provides for an effective date of January 1, 2024
- Was amended to ‘sunset’ December 31, 2033 (we want this sunset removed)
- This bill is intended to entice retiring service members to relocate to Montana, thus enhancing our workforce with highly educated, disciplined, and responsible citizens
- (we want this sunset removed) Having a sunset on the law will serve to prompt potential military retirees to avoid Montana, as the benefit may be removed after they relocate
Contact the full Senate Finance and Claims Committee and YOUR Senator asking they remove the sunset and pass the bill.
The bill will be heard in the Senate Finance and Claims Committee on Friday, March 17, 2023, in Room 317 at 8:00 a.m.
An act revising
An act revising state income taxation for military pensions, retirement, and survivor benefits; exempting a portion of military pensions or retirement income and survivor benefits from income taxation; providing the exemption to retired members of the Armed Forces, a reserve component, or the National Guard; providing rulemaking authority.
The bill will be heard in the Senate Taxation Committee on Thursday, February 9, 2023, in Room 405 at 9:00 a.m.
- House Bill 527 - LEGILATIVE ALERT #2
- An Act Requiring an Official Congressional Declaration or Action to Release the MTNG to Active Combat Duty
This bill jeopardizes MTNG missions, end strength, equipment, and funding.
As of the morning of March 1st, there were 135 emails/messages to our House members in support of the bill and only 5 as opponents.
- Montana could lose its national guard.
- The U.S. Constitution does not allow governors to refuse consent to the use of the militia.
- The National Guard is federally funded so that the federal government has the National Guard available for federal military priorities.
- HB 527 does nothing to limit Congress’ military activities.
THIS IS IMPORTANT: Not only contact your Representative of your OPPOSITION but send your message of OPPOSITION to all members of the Montana House.
This bill jeopardizes MTNG missions, end strength, equipment, and funding.
As of the morning of March 1st, there were 135 emails/messages to our House members in support of the bill and only 5 as opponents.
- Montana could lose its national guard.
- The U.S. Constitution does not allow governors to refuse consent to the use of the militia.
- The National Guard is federally funded so that the federal government has the National Guard available for federal military priorities.
- HB 527 does nothing to limit Congress’ military activities.
THIS IS IMPORTANT: Not only contact your Representative of your OPPOSITION but send your message of OPPOSITION to all members of the Montana House.
- House Bill 527
- An Act Requiring an Official Congressional Declaration or Action to Release the MTNG to Active Combat Duty
An act requiring an official Congressional Declaration or action to release the Montana National Guard to active combat duty; providing definitions; and providing an immediate effective date.
The bill will be heard in the House Energy, Technology, and Federal Relations (ETFR) Committee on Monday, February 27, 2023, in Room 472 at 3:00 p.m.
An act
The bill will be heard in the Senate Taxation Committee on Thursday, February 9, 2023, in Room 405 at 9:00 a.m.
An act revising state income taxation for military pensions, retirement, and survivor benefits; exempting a portion of military pensions or retirement income and survivor benefits from income taxation; providing the exemption to retired members of the Armed Forces, a Reserve Component, or the National Guard; and providing rulemaking authority.
The bill will be heard in the Senate Taxation Committee on Thursday, February 9, 2023, in Room 405 at 9:00 a.m.
An act revising state income taxation for military pensions, retirement, and survivor benefits; exempting a portion of military pensions or retirement income and survivor benefits from income taxation; providing the exemption to retired members of the Armed Forces, a reserve component, or the National Guard; providing rulemaking authority.
The bill will be heard in the Senate Taxation Committee on Thursday, February 9, 2023, in Room 405 at 9:00 a.m.
The bill will be heard in the House State Administration Committee on Tuesday, February 7, 2023, in Room 455 at 9:00 a.m.
An act establishing the Montana 250th Commission to coordinate statewide efforts to celebrate the United States semiquincentennial; establishing membership and duties of the commission; providing an appropriation; and providing an immediate effective date and a termination date.
An act establishing a decennial veterans’ long-term care needs study; defining the scope of the study; assigning staffing responsibility to the department of public health and human services; establishing reporting requirements; providing an appropriation; and providing an effective date.
The bill will be heard in the House State Administration Committee on Tuesday, January 31, 2023, in Room 455 at 9:00 a.m.
A bill to expand the exemption of property tax to 60%-90% service-connected disabled. Currently, only those veterans who are 100% service-connected disabled can exempt all or a portion of their property tax. This bill will serve to include those who are 60%-90% as well.
A bill to expand the exemption of property tax to 60%-90% service-connected disabled. Currently, only those veterans who are 100% service-connected disabled can exempt all or a portion of their property tax. This bill will serve to include those who are 60%-90% as well.
A bill to expand the exemption of property tax to 60%-90% service-connected disabled. Currently, only those veterans who are 100% service-connected disabled can exempt all or a portion of their property tax. This bill will serve to include those who are 60%-90% as well.
An act exempting certain military pensions or retirement income and survivor benefits from state income taxation; providing the exemption to retired members of the armed forces, a reserve component, or the national guard; phasing in the exemption based on retirement income.
An act exempting certain military pensions or retirment income and survivor benefits from state income taxation; providing the exemption to retired members of the armed forces, a reserve component, or the National Guard; phasing in the exemption based on retirement income.
An act establishing a Montana National Guard enlistment incentive program; providing for incentive payments; providing for a voluntary contribution to the program on an individual income tax return; providing a statutory appropriation; providing rulemaking authority.
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An act adopting the most recent federal military laws, regulations, and codes applicable to the governance of the Montana National Guard.
An act adopting the most recent federal military laws, regulations, and codes applicable to the governance of the Montana National Guard.
An act revising laws related to military affairs; eliminating National Guard life insurance reimbursements; eliminating state income tax exemptions for service member life insurance premiums paid; eliminating laws regarding military courts and courts-martial.
An act exempting certain military pensions or retirment income and survivor benefits from state income taxation; providing the exemption to retired members of the armed forces, a reserve component, or the National Guard; phasing in the exemption based on retirement income.
An act authorizing funds in the Montana National Guard land purchase account to be used for project design.
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