Montana

Class action lawsuit claims Montana discriminates against out-of-state financial advisers – Daily Montanan

Published

2 years ago

January 12, 2024

Class action lawsuit claims Montana discriminates against out-of-state financial advisers – Daily Montanan

A Montana attorney has filed a class-action lawsuit against the state, the Montana Department of Revenue and the state auditor’s office for what they say is an illegal, unconstitutional fee charged to more than 100,000 investment advisers and representatives who live outside the Treasure State.

Even more, the lawsuit, filed in Lewis and Clark County on Friday, says that the 2019 Legislature knew that the law likely violated the privileges and immunities clause of the United States Constitution, but passed it anyway.

That constitutional clause prohibits treating residents from other states differently than residents in-state, and House Bill 694 sought to increase the licensing fees for out-of-state residents to $100 while keeping the fees for Montana-based investment advisers at $50.

Rep. Jim Hamilton, D-Bozeman, told fellow lawmakers in 2019 that, “the reason for raising this fee is that we have a group of people who are not contributing to the economy they are taking advantage of with their businesses, and therefore, I think it appropriate that we not sell Montana so cheaply.”

He said that because those same advisers don’t pay income tax or property tax in Montana, they should be charged more.

Different lawmakers and witnesses who testified in 2019 raised issues of legality with the bill, and it was even stopped in the Montana Senate because of constitutional concerns.

However, in 2019, Sen. Steve Fitzpatrick, now the Senate Majority Leader and a Republican from Great Falls, brought it back to life when it was eventually passed as part of the overall budget.

Because licensing fees are handled in a uniform way with a payment portal that’s consistent throughout the states, and because no other state differentiated between resident and non-resident licensees, Montana also developed a system where Montana resident licensees could apply for a $50 refund, while out-of-state licensees were ineligible.

In 2019, the state estimated that around 2,200 of the 108,000 financial adviser licensees were Montana-based, meaning that more than 97% financial advisers registered in the Big Sky State do not live in-state.

The class-action challenge is being brought by Thomas Strobhar, who has challenged laws and business practices in several different states on different topics. He is being represented by former state lawmaker and attorney Matthew Monforton.

“The committee knew that the discriminatory fee structure in HB 694 was unconstitutional, yet approved it anyway,” the lawsuit said.

The Montana Supreme Court has upheld the privileges and immunities clause of the U.S. Constitution, and said in 1981 that the “rights of nonresidents to ‘ply their trade, practice their occupation, or pursue a common calling in the state’” is something that shall be “free from discrimination based upon state residency.”

Even though lawmakers pointed out that Montana and other states may charge non-residents fees for recreational licenses, like hunting, that is limited to recreational, not occupational licenses.

“Montana’s policy of imposing discriminatory fees upon nonresident investment adviser representatives and securities salesperson (does not) bear a substantial relationship to any important state interest,” the lawsuit said.

The lawsuit asks that the courts declare the measure unconstitutional and issue an injunction prohibiting the state from charging a different fee for non-resident advisers as Montana-based advisers.

The lawsuit also seeks an award of damages to Strobhar and other class members.

If Strobhar and the class-action suit was successful, it would mean the state would have to disgorge as much as $25 million that Montana has collected from these fees since 2019.

Strobhar, a resident of Ohio, is no stranger to being in the middle of controversy.

Strobhar has authored more than 70 shareholder resolutions to ban corporate support for pornography, religious bigotry, fetal tissue research, abortifacients, Planned Parenthood, and policies he considers hostile to marriage. His resolutions have changed the way several large businesses operate, including American Express, AT&T, Berkshire Hathaway, General Mills and Target.

Last year, Strobhar also led an initiative that would force The Walt Disney Company to disclose charitable contributions of more than $10,000. Though Disney fought against that, arguing that Strobhar was attempting micromanagement of the company, the Securities and Exchange Commission ultimately allowed the a vote on the resolution.

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Montana

Frigid Friday – several inches of snow in parts of the area

Published

59 minutes ago

December 12, 2025

Press Room

Frigid Friday – several inches of snow in parts of the area

A band of moderate snow has formed from the Cut Bank area, extending southeast across Chouteau, Fergus, and Judith Basin Counties. Be alert for low visibility and slick road conditions. Icy conditions continue in Lewis & Clark and Broadwater counties, where snow fell on top of ice after some freezing rain overnight. Up to a 1/4″ of ice has been reported on cars and sidewalks. Freezing rain may mix in again this morning as milder air begins to move back in.

Today’s Forecast:

Frigid Friday, several inches of snowfall in parts of the area-Friday, December 12

It will be a frigid today, with high temperatures in the 0s and lower 10s across central and eastern Montana, and mid to upper 30s in Helena.

The snow band will continue throughout the day, bringing several inches of snow to areas east of I-15. The band of snow will gradually push east tonight, impacting Blaine, Phillips, and Valley counties overnight. Snow showers taper off by Saturday morning.

MTN News

Expect difficult driving conditions through Saturday morning, especially east of I-15 and into the mountains.

Arctic air slowly retreats north on Saturday. Temperatures start off in the -10s to near 0 on the Hi-Line and in the 0s for central Montana, then climb to the 0s and 10s for the Hi-Line and 10s to 20s in central Montana by Saturday evening.

Meanwhile, it will be a pleasant weekend in Helena with temperatures in the low 40s. A gusty breeze develops on Sunday, as temperatures warm nicely into the low to mid 40s in central Montana and into the 30s in northeast Montana.

Looking ahead to next week, mild and windy conditions kick off the workweek, followed by active weather returning midweek.

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Montana

Atmospheric river drives flooding in northwest Montana

Published

13 hours ago

December 12, 2025

Press Room

Atmospheric river drives flooding in northwest Montana

Warm temperatures and an “atmospheric river” of precipitation that flowed into northwestern Montana this week have generated a state of emergency in Montana’s northwesternmost county, Lincoln, as local waterways run unseasonably high.

Around 12 p.m. Wednesday, the National Weather Service started issuing flooding watches as area snowpack sites reported 24-hour precipitation totals that were approaching record levels. NWS meteorologist Dan Borsum told Montana Free Press Thursday that the “rain-on-snow” nature of the recent precipitation has led to widespread flooding.

Borsum called the weather pattern “unusual” for mid-December, instead likening it to a warm April.

Zach Sherbo, the public health manager for the Lincoln County Health Department, said in a Thursday afternoon phone call that additional precipitation is expected through Thursday evening, so rivers could continue rising into Friday.

The Lincoln County communities of Libby and Troy have been hit the hardest by the deluge, which prompted emergency services personnel to issue a state of emergency Thursday afternoon. Residents are cautioned against unnecessary travel and those served by the Libby city water supply are under a boil-water order as a precaution in the event of water supply contamination. School has also been canceled for students in Libby and Troy, Sherbo said.

The Lincoln County Sheriff’s Department has identified a handful of bridges that have been compromised or are washed out as a result of flooding. It suggests residents looking for information on road closures and bridge conditions review an interactive map that is available online and linked in a press release posted to the Lincoln County Health Department’s Facebook page.

“It’s going to take a long time to recoup from this, just structurally, just with the bridges we’ve lost already and the condition that they’re in and going toward,” Sherbo said. “It’s a pretty big combined local effort right now.”

Justun Juelfs, the Kalispell-area maintenance chief with the Montana Department of Transportation said three stretches of state-managed roadways were closed or under monitoring status as of 4 p.m. Thursday.

An approximately 80-foot section of the Farm to Market Road south of Libby has washed out as Libby Creek carved a new channel. MDT is also monitoring erosion that is occurring along a U.S. Highway 2 bridge southeast of Libby and along a section of Highway 56 near Bull Lake. Juelfs encouraged motorists to review MDT’s road conditions report for up-to-date information on impacts to state highways.

The Army Corps of Engineers is assisting with sandbag-filling and distributing efforts and the Red Cross has set up a shelter for those in need at the Assembly of God Church in Libby, according to Sherbo.

The Montana Disaster and Emergency Services agency is also lending a hand with the flood response. In an email to MTFP, Anette Ordahl with DES wrote that a district field officer and a recovery coordinator are on the ground in Libby to offer assistance.

In a Thursday afternoon press release, Gov. Greg Gianforte noted that Sanders and Flathead counties have also recognized the flooding by issuing emergency or disaster declarations. Up to four inches of additional rainfall are expected across western and south-central Montana, according to a disaster declaration Gianforte’s office included in a 3 p.m. press release.

The National Weather Service reported Thursday morning that the Bear Mountain snowpack monitoring site, located just across the border in Idaho, received 6.5 inches of precipitation as of this morning, making it the third-wettest 24-hour period for the site in its 44-year monitoring history. The six-day precipitation total for Dec. 6-11 is 13 inches.

Borsum, with the National Weather Service, said the recent, unseasonable warm spell in western Montana combined with the “super strong” atmospheric river to melt early season snowpack and drive flooding. A similar rain-on-snow event in early June of 2022 led to widespread flooding in parts of south-central Montana that required extensive repairs to roadways and bridges.

Thursday, the Yaak River near Troy surpassed its official flood stage, running at more than 7,500 cubic feet per second. Its usual volume for this time of the year is about 200 cfs.

The Fisher River near Libby was also nearing flood stage. As of Thursday afternoon, it was running at nearly 4,000 cfs, more than 20 times its usual volume for mid-December.

Zeke Lloyd and Jacob Olness contributed to this reporting.

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Montana

Nestled Next To Glacier National Park Is Montana’s Charming Town With Casinos And Ethereal Mountain Views – Islands

Published

1 day ago

December 11, 2025

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Nestled Next To Glacier National Park Is Montana’s Charming Town With Casinos And Ethereal Mountain Views – Islands

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Montana’s Glacier National Park is full of beautiful destinations, from stunning waterfalls to a hidden mountain passage with breathtaking alpine views. But when you visit this legendary national park, don’t miss the hidden gems right outside the park’s limits — like the charming small town of Browning, located on the Blackfoot Reservation, which boasts magnificent mountain views as well as a casino to try your luck at. This delightful town also has a wealth of outdoor activities and cultural sites on offer — and that’s not to mention its prime location just 15 minutes away from the eastern edge of Glacier National Park.

To get to Browning, you’ll likely want to fly to Glacier Park International Airport in Kalispell, about 91 miles away, then rent a car and enjoy a beautiful drive the rest of the journey. Alternatively, you can grab a taxi from the airport to the nearby Whitefish Amtrak Station, before embarking on a 2.5-hour Amtrak train ride that will take you to Browning. Either way, one thing is for certain: you’ll be treated to unbeatable scenery out the window along the way.

Visiting the Glacier Peaks Casino in Browning, Montana

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Who needs the overpriced games and bad vibes at Las Vegas’ Bighorn Casino when you’ve got Browning’s Glacier Peaks Casino as an option? If you’re over 18 and in the mood to take a gamble, you won’t want to miss out on visiting this entertainment hotspot. Open all hours of the day and night, this casino wonderland contains over 500 slot machines as well as table games, a bar, and a restaurant. Keep an eye on their website to see what special events are in the pipeline, from poker tournaments to the weekly “Jersey Monday” deal, where visitors wearing football jerseys get $10 of free play.

Adjacent to the casino is the Glacier Peaks Hotel, which boasts a business center, gym, indoor heated swimming pool, and other amenities, making it a modern and comfortable accommodation whether you’re in town for fun or for work. If you’re staying in the hotel — or if you simply want a break from the casino floor — the aptly-named Jackpot Restaurant onsite serves up classic American cuisine all day. Fuel yourself for more fun and games with everything from delectable biscuits and eggs to nachos to smash burgers and pizza.

Outdoor activities in Browning, Montana

Wild Goose Island at sunrise in Glacier National Park

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A trip to this scenic locale wouldn’t be complete without making the most of the incredible natural views on offer. One particularly worthwhile lookout point from which to enjoy panoramic views of the area is Wild Goose Island Lookout. Park at the pullout and walk to the nearby overlook to get a view of Wild Goose Island. This tiny isle rises just 14 feet above St Mary Lake in a perfect postcard-worthy image, and is dwarfed by towering mountains.

Visitors eager to earn a mountain view with some movement can opt for one of the many trails in and around Browning. For a short (and handicap-accessible) walk, try Running Eagle Falls. While this out-and-back route clocks in at just 0.7 miles in total, it punches above its weight when it comes to payoff with a stunning waterfall. Experienced hikers in search of a challenge can consider tackling Triple Divide Pass, a difficult 14-mile hike that will take you through the less-heavily-trafficked Cutbank portion of Glacier National Park. After steep mountain uphills, you’ll find yourself overlooking Medicine Grizzly Lake. Note that if you choose to embark on this route, you’ll want to download offline maps, as cell signal in the park is extremely limited.

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