Indigenous Justice Legislative Update

2023 Legislative Session

March 2, 2023

MICWA PASSED THE FIRST HOUSE!

• HB 317: Sponsor - Jonathan Windy Boy
  A bill to provide for the Montana Indian Child Welfare Act (MICWA) passed the first House! Kudos to everyone working tirelessly to draft and advocate on behalf of the bill. Much appreciation to the sponsor and the representatives who voted in support! MICWA will ensure that Indigenous children, families, and tribes stay together. Learn more HERE.

PASSED THE HOUSE AND SENATE!

• SB 120: Sponsor - Susan Webber
  A bill that would establish the Chief Earl Old Person memorial highway passed the House and Senate and will go to the full house soon! The bill formally recognizes the late Earl Old Person. He was a revered political figure, honorary chief, and leader in the Blackfeet Nation. Learn more HERE.

PASSED THE FIRST HOUSE!

• HB 338: Sponsor - Jonathan Windy Boy
  A bill to revise laws related to Indian Education for All passed the first House! The bill strengthens the reporting process for IEFA funds as well as tribes’ consultation role and provides more accountability for the state constitutional mandate. Learn more HERE.

SUPPORT

IN SECOND HOUSE

• HB 317: Sponsor - Jonathan Windy Boy
  Provide for Montana Indian Child Welfare Act. Learn more HERE.
• SB 120: Sponsor - Susan Webber
  Establish the Chief Earl Old Person Memorial Highway. Learn more HERE.
• SJ 6: Sponsor - Susan Webber
  A joint resolution to recognize the Indigenous Boarding School experience passed. Learn more HERE.
• HJ 1: Sponsor - Bob Brown
  Request interim study on missing youth. Learn more HERE.
• SB 119: Sponsor - Susan Webber
  Provide tribal property tax exemption to tribal members. Learn more HERE.
• HB 287: Sponsor - Jonathan Windy Boy
  Revise laws related to Indigenous language preservation. Learn more HERE.
• HB 18: Sponsor - Tyson Running Wolf
  Establish missing person response team training grant program. Learn more HERE.
• HB 79: Sponsor - Amy Regier
  Generally revise sexual assault nurse examiner laws.
• HB 163: Sponsor - Tyson Running Wolf
  Revise and extend Missing Indigenous Persons Task Force. Learn more HERE.

IN FIRST HOUSE

• HB 288: Sponsor - Jonathan Windy Boy
  Revise laws related to tuition waivers for Indigenous students. Learn more HERE.
• HB 804: Sponsor - Tyson Running Wolf
  Providing broadband funding review requirements
• HB 797: Sponsor - Jonathan Windy Boy
  Require agency reporting on financial assistance to tribes

TABLED

• SB 141 Sponsor - Shane Morigeau
  Create Indigenous People’s Day. Learn more HERE.
• SB 233 Sponsor - Shane Morigeau
  Enhance Legislative understanding of state-tribal relations. A blast motion failed 24-26 in the full senate. Learn more HERE.
• HB 765: Sponsor - Sharon Stewart Peregoy
  Remove reimbursement for wolf hunting expenses
• HB 779: Sponsor - Marvin Weatherwax
  Revise FWP commission powers to regulate wolf harvesting near national parks

OPPOSE

• HB 650 Sponsor - Joe Read (In first House - Tabled)
  Require agency reporting on financial assistance to tribes
• HB 726 Sponsor - Joe Read (In First House - Tabled)
  Assign oversight of water compacts and management to Public Service Commission

WATCH / NO STANCE

• SB 127: (In first House Passed 2nd Reading)
  Require Montana to provide funding for PL280 Enforcement
• SJ 5: (Transmitted to second House)
  A resolution urging congress to fully fund law enforcement in Indian Country.
• HB 330: (In first House, Tabled)
  Revise laws related to tribal DUI task forces

• SIGN UP to testify remotely
  • Deadline is one day BEFORE the hearing by 5 PM
• SIGN UP to provide written comment
  • Deadline is one day BEFORE the hearing by 5 PM
• Contact your legislator! Call: 406.444.4400 or send a message
• Look up your legislator

February 21, 2023

CONTACT YOUR REPRESENTATIVE:

• HB 317: A bill to provide for the Montana Indian Child Welfare Act is not out of the House Committee but will be soon. Please support this critical legislation by contacting all House members and sharing your support for HB 317 TODAY. Look up the committee’s contact information HERE.

SECOND HEARING SCHEDULED:

• SB 120: A bill that would establish the Chief Earl Old Person memorial highway is scheduled for TOMORROW! Sign up to testify in support by TODAY at 5:00 PM (details below). Learn more HERE.

TABLED:

• SB 141: A bill that would establish Indigenous People’s Day to replace Columbus Day was tabled. Committee members blamed the bill’s sponsor Shane Morigeau for discussing documented eye-witness accounts of Columbus raping, torturing, and murdering Indigenous people. “This is factual information. If that makes people so uneasy, then why are we celebrating this holiday?” Morigeau said in response. The bill had multiple supporters from across the state and zero opponents. Learn more HERE.
• SB 233: A bill that would enhance legislative understanding of state-tribal relations was tabled. The bill would have provided more educational resources and training opportunities for lawmakers to learn about state-tribal relations. Bill sponsor Shane Morigeau said lawmakers were provided a 5 minute overview on state-tribal relations this session. The bill had zero opponents. Learn more HERE.

SUPPORT

HB 338: Revise laws related to Indian Education for All
PASSED HOUSE UNANIMOUSLY - GOING TO FULL FLOOR
DATE: 02.21.23 TIME: 1:00 PM
COMMITTEE: Education SPONSOR: Jonathan Windy Boy

SB 120: Establish the Chief Earl Old Person memorial highway
HEARING
DATE: 02.22.23 TIME: 3:00 PM ROOM: 455 WATCH ONLINE: HERE
COMMITTEE: Transportation SPONSOR: Susan Webber

HB 477: Generally revise corporation laws regarding tribal entities
HEARING
DATE: 02.22.23 TIME: 3:00 PM ROOM: 472 WATCH ONLINE: HERE
COMMITTEE: Energy, Technology, Federal Relations SPONSOR: Sharon Stewart Peregroy

• SIGN UP to testify remotely
  • Deadline is one day BEFORE the hearing by 5 PM
• SIGN UP to provide written comment
  • Deadline is one day BEFORE the hearing by 5 PM
• Contact your legislator! Call: 406.444.4400 or send a message
• Look up your legislator

SUPPORT

TABLED

• SB 141: Create Indigenous People’s Day. Learn more.
• SB 233: Enhance Legislative understanding of state-tribal relations. Learn more.
• HB 288: Revise laws related to tuition waivers for Indigenous students. Learn more.

PASSED BY LEGISLATURE

• HJ 1: Request interim study on missing youth. Learn more.

PASSED 1ST HOUSE

• HB 338: (Passed 1st House) Revise laws related to Indian Education for All. Learn more.
• SB 120: (2nd Hearing Scheduled) Establish the Chief Earl Old Person Memorial Highway. Learn more.
• SB 119: (Passed 1st House, Transmitted) Provide tribal property tax exemption to tribal members. Learn more.
• HB 287: (Passed 1st House, Transmitted) Revise laws related to Indigenous language preservation. Learn more.
• HB 18: (Returned to 1st House with 2nd House Amendments) Establish missing person response team training grant program. Learn more.
• HB 79: (In 2nd House, Out of Committee) Generally revise sexual assault nurse examiner laws
• HB 163: (Passed 1st House, Transmitted) Revise and extend Missing Indigenous Persons Task Force. Learn more.

IN 1ST HOUSE

• HB 317: (In 1st House) Provide for Montana Indian Child Welfare Act. Learn more.
• SJ 6: (In 1st House, passed 3rd reading) A joint resolution to recognize the Indigenous Boarding School experience passed. Learn more.

WATCH/NO STANCE

• SB 127: Require Montana to provide funding for PL280 Enforcement
• SJ 5: A resolution urging congress to fully fund law enforcement in Indian Country.
• HB 330: Revise laws related to tribal DUI task forces

January 13, 2023

LC1964 - Because of collective agency from Indian Country, Keith Regier (R-Kalispell) will NOT introduce a joint draft resolution urging Congress “to investigate alternatives to the American Indian reservation system.” Learn more here and here.

SUPPORT

HB79 – (Introduced) creates a sexual assault response network program and committee including funding a new program and establishing a committee to uniformly distribute sexual assault examination kits around the state, improve system response in rural parts of the state, coordinate multi-disciplinary training, and integrate a trauma-informed response into areas where such resources are often inaccessible.

Director of Policy & Advocacy Keegan Medrano provided testimony urging the committee to expand the membership of the statewide oversight committee (appointed by the Attorney General) to include advocates who work with indigenous survivors and to ensure that tribal governments are notified of the passage of this legislation. The original bill did not specify that the DOJ must appoint committee members who work with tribal response to sexual violence or advocates for indigenous survivors. Learn more here.

SB120 – (Introduced) Establish the Chief Earl Old Person Memorial Highway in honor of the late leader and chief of the Blackfeet Nation. Along with bill sponsor Susan Webber (D-Browning) and other supporters, ACLU of MT Organizing Associate Director Sharen Kickingwoman testified in support of the bill. “(Chief Earl Old person) was a true leader of the people and a physical manifestation of the Blackfeet knowledge and ways of knowing,” she said. “He was always unabashedly proud to be Blackfeet, whether that was proudly wearing his braids when he played basketball for the Browning Indians, or setting up a teepee in Paris,” she said. “He was not ashamed of who he was, despite living in a world that demanded the opposite.” Learn more here.

HB18 – (Passed House Committee & Floor) Establish an inter-jurisdictional missing persons response team training grant program. Bill sponsor Tyson Running Wolf (D-Browning) says the initiative will address a significant gap in community public safety efforts, particularly for tribal communities who experience cases of missing persons at statistically higher rates. Learn more here.

HJR1 -HJR1 -(Passed House Committee & Floor) Request interim study on missing youth. 80 percent of all annual missing person cases in Montana are under the age of 18 and include people who go missing multiple times a year. 20 of the 45 missing Indigenous people (based on MT’s clearinghouse) are under the age of 18. The study will examine the issue of missing youth to determine how the state can reduce the number of missing youth and increase the chances of quickly locating them.

NO STANCE

SJ5 - Resolution urging Congress to fully fund law enforcement in Indian Country.

TESTIMONY OPPORTUNITIES

HB163 - Revise and extend Missing Indigenous Persons Task Force

• (H) Hearing -- (H) Judiciary 01/18/2023; 08:00 AM, Rm 137
• You can provide messages of support now, during and after through written or Zoom testimony through this link: https://leg.mt.gov/web-messaging/. (TESTIMONY MUST BE SUBMITTED BY 5PM DAY BEFORE HEARING)

SB119 - Provide tribal property tax exemption to tribal members

• (S) Hearing -- (S) Taxation 01/17/2023; 08:00 AM; INTRODUCED BILL; NO HEARING

SB141 - Create indigenous people's day (this is the version to replace Columbus day) - Hearing date TBD

SB127 - Require Montana to provide funding for enforcement of PL280 – Hearing rescheduled

• Check out our ACLU of Montana Legislature 101!
• Watch the Hearings!
• Provide Written Testimony (due by 5PM the day before hearing)! Written testimony is fine but if you would like to deliver verbally, you can participate in person or via Zoom. Learn more here.
• Contact your legislature and let them know your stance! Don’t know who your legislature is? Learn more here.
• Call 406.444.4800 for questions regarding the legislative session.