HB 516: Move workers' compensation court to judicial branch - Montana

HB0516_X(1).pdf → HB0516_X(2).pdf · 4 edits

MODERATE

The bill updates the qualifications and appointment terms for workers' compensation judges, clarifies the funding transfer process for the workers' compensation court, and corrects a typo in the section title. These changes ensure judges meet specific constitutional requirements, define the length of their terms, and streamline how court funds are allocated from the state administration fund.

Scope change

The bill's scope remains focused on the Office of Workers' Compensation Judges, but the specific eligibility criteria and funding mechanisms have been refined.

ELIGIBILITY

Updated the eligibility requirements for workers' compensation judges to explicitly require the qualifications necessary for district court judges as defined in the Montana constitution.

REQUIREMENT

Clarified that eligible judges must devote full time to their duties and are prohibited from engaging in the private practice of law.

FISCAL

Revised the funding transfer provision to specify that the department of labor and industry must transfer an amount equal to the appropriation for the court, removing a redundant dollar figure and clarifying the source and destination of the funds.

TECHNICAL

Corrected a typo in the section title where the word 'Workers'' was repeated unnecessarily.

HB0516_2(11).pdf → HB0516_X.pdf · 4 edits

MODERATE

This bill transfers the Workers' Compensation Judge from the Department of Labor and Industry to the Judicial Branch under the Supreme Court, changing the judge's retirement system eligibility and establishing a new court fund. It also updates the date for a one-time election to remain in the current retirement system from 2025 to 2025 (no change in year, but context implies a specific window).

Scope change

The bill's scope expanded to include the Judicial Branch and the Supreme Court in the administration and supervision of the Workers' Compensation Court, whereas previously it was solely under the Department of Labor and Industry.

SCOPE

The Workers' Compensation Judge is now allocated to the Judicial Branch and supervised by the Supreme Court instead of the Department of Labor and Industry.

FISCAL

A new 'Workers' Compensation Court Fund' was created to pay for the judge's salaries and expenses, with annual transfers from the existing Workers' Compensation Administration Fund.

ELIGIBILITY

The Workers' Compensation Judge must now be eligible for the Montana Judges' Retirement System rather than the Public Employees' Retirement System, with a one-time election opportunity to stay in the old system.

REQUIREMENT

The judge's term of office is now 6 years, appointed in the same manner as Supreme Court justices or district court judges.

HB0516_1(8).pdf → HB0516_2.pdf · 2 edits

MINOR

The bill updates the legislative session year to 2025 and modifies the funding mechanism for the workers' compensation court. Instead of a fixed $500,000 transfer from the administration fund, the amount transferred will now match the specific appropriation approved by the legislature for that fiscal year.

Scope change

The scope of funding for the workers' compensation court was expanded from a fixed amount to a variable amount tied to the annual legislative budget.

FISCAL

The mandatory transfer amount from the workers' compensation administration fund to the workers' compensation court fund changed from a fixed $500,000 to an amount equal to what is appropriated in the annual General Appropriations Act.

TECHNICAL

The document header was updated to reflect the 69th Legislature (2025) and adjusted the bill version number from HB 516.1 to HB0516.2.

LC0876.pdf → HB0516_1.pdf · 4 edits

MODERATE

This bill transfers the Workers' Compensation Judge from the Department of Labor and Industry to the Judicial Branch under the Supreme Court, granting the judge judicial status and salary parity with district judges. It establishes a new court fund to be financed by annual transfers from the workers' compensation administration fund and creates a one-time election for the current judge to remain in their existing retirement system.

Scope change

The scope of the bill changed from a departmental administrative role to a judicial branch role, altering the judge's appointment process, tenure, and legal authority.

SCOPE

The Workers' Compensation Judge's office was moved from the Department of Labor and Industry to the Judicial Branch, placing the judge under the supervision of the Supreme Court rather than the executive branch.

REQUIREMENT

The judge's appointment process was changed to match that of Supreme Court justices and district court judges, including a 6-year term and specific eligibility qualifications.

FISCAL

A new Workers' Compensation Court Fund was created to pay the judge's salary and expenses, funded by an annual $500,000 transfer from the existing workers' compensation administration fund.

TIMELINE

A one-time election was established allowing the current judge to choose whether to remain in their current retirement system or move to the new judicial retirement system by October 1, 2025.

Move workers' compensation court to judicial branch

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