Montana
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.
240112 Complaint
BOZEMAN, Mont. — The Bozeman Police Department received a report of a vehicle versus motorcycle collision on July 3 around 10 p.m.
The crash happened on Frontage Road and the westbound on ramp to Interstate 90.
Officials say officers and bystanders attempted lifesaving efforts on a motorcyclist who was seriously injured.
The motorcyclist was pronounced dead at the scene.
Preliminary findings indicate a Jeep was traveling eastbound on Frontage Road when the driver made a left-hand turn trying to enter the westbound I-90 on-ramp when the driver did not see the dirt bike.
Officials say there was no forward-facing headlamp or other lighting illuminated on the dirt bike, investigators examined the dirt bike for evidence of lighting equipment and found none.
According to a press release, there is no indication that the driver of the Jeep was impaired, and they are cooperating with the investigation.
The incident is currently under investigation.
The Montana Lottery offers multiple draw games for those aiming to win big.
Here’s a look at July 4, 2026, results for each game:
Winning Powerball numbers from July 4 drawing
17-38-46-50-69, Powerball: 20, Power Play: 2
Check Powerball payouts and previous drawings here.
Winning Lotto America numbers from July 4 drawing
09-17-22-35-37, Star Ball: 05, ASB: 02
Check Lotto America payouts and previous drawings here.
Winning Big Sky Bonus numbers from July 4 drawing
04-13-19-26, Bonus: 07
Check Big Sky Bonus payouts and previous drawings here.
Winning Montana Cash numbers from July 4 drawing
09-13-17-27-33
Check Montana Cash payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
When are the Montana Lottery drawings held?
- Powerball: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
- Mega Millions: 9 p.m. MT on Tuesday and Friday.
- Lucky For Life: 8:38 p.m. MT daily.
- Lotto America: 9 p.m. MT on Monday, Wednesday and Saturday.
- Big Sky Bonus: 7:30 p.m. MT daily.
- Powerball Double Play: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
- Montana Cash: 8 p.m. MT on Wednesday and Saturday.
- Millionaire for Life: 9:15 p.m. MT daily.
Missed a draw? Peek at the past week’s winning numbers.
This results page was generated automatically using information from TinBu and a template written and reviewed by a Great Falls Tribune editor. You can send feedback using this form.
Emilie Sangimino started Kalispell Montana Hidden Gems with a simple mission: to help promote the local businesses and places she loved in the Flathead Valley.
Fast forward, and the social media accounts Sangimino started on Facebook, Instagram and TikTok have a combined following of more than 113,000. Per analytics, the content she shares to highlight businesses in the area get upward of 1.5 million views per month. She’s expanded beyond her own base of Kalispell, highlighting businesses that are “hidden gems” in Billings, Missoula and Bozeman, with the help of local managers in each area. Hidden Gems has its own website as well, featuring businesses across several sectors like health & wellness; food & drink; places to stay; fun & adventure; shopping; professional services; and events.
And for the businesses she’s worked with, those views have converted to real-life people walking through the doors.
The formula Sangimino uses for promotion looks simple on its face. Most of her content consists of videos showing a beautiful location with white text over them.
“Did you know you can ride a rollercoaster down a mountain and mini golf all in one place in Lakeside, Montana?” a recent post highlighting Flathead Lake Alpine Coaster reads.
“Experience the Cabins at Blacktail for a day!” reads the caption on another.
When you click on a post, a video clip rolls, showcasing the business, property or event the post is meant to highlight. The reels also tag the businesses to direct visitors to their accounts.
“I wanted it to be more of storytelling about these incredible businesses, and I wanted to just really do my best to do the area justice that I felt like it deserved,” Sangimino said.
Julie Darrow, an owner of the Cabins at Blacktail, has worked with Sangimino and Kalispell Montana Hidden Gems for about two years.
Darrow’s business consists of six cabins on a 5-acre property in Lakeside. The property has a natural spring and creek that runs through it, and the cabins serve as hosts for short-term rentals or spaces to host weddings and retreats. Darrow said Sangimino posts reels of her business about once per month.
At first, Sangimino highlighted the full experience at the Cabins at Blacktail, but more recently, Darrow said she’s been helping the business highlight its weekday wellness and staycation options, which allow people to rent out a cabin for the day and create an experience with the plethora of options offered at the Cabins: yoga, massages, Pilates, a sauna and cold plunge.
Darrow said once Sangimino’s reels post, she often gets direct bookings and inquiries from customers.
“The key piece to this is that social media is awesome and incredible, and just because an account has a lot of followers, it does not mean that that’s producing business,” Darrow explained. “It doesn’t mean it’s converting. The incredible thing about what she’s doing is that we’re getting followers from her, but it’s also converting to engagement. We’re getting business.”
Denise Archer, who owns Scout & Gather Mercantile, a local business in Columbia Falls, has worked with Sangimino since fall of 2024, and seconded Darrow’s sentiments.
Archer’s business aims to host “a unique space that brings together shopping and experiences for both locals and visitors.” The mercantile has clothing, gifts and home décor; but the roadside destination also hosts events, has a spot to grab pizza or coffee, and has a mini golf course.
Archer explained when her family was first establishing the business, it was difficult to raise awareness, particularly outside of tourist seasons. She credited Sangimino and her work posting reels, stories, video content and working with the business on social media promotion with elevating the business’s visibility and helping attract people there, particularly during the off-season.
“We’ve seen noticeable growth in our social media following and engagement since working with her,” Archer wrote in an email. “Anecdotally, we’ve had many customers mention that they discovered us through Hidden Gems of Kalispell, which has been especially valuable.”
Sangimino said it’s common that consumers will use her account to plan their own trips to the Flathead — and elsewhere in the state.
For her, partnering and promoting local businesses serves as a meaningful effort.
“I can’t really emphasize how positive this business has been in my life personally,” Sangimino said. “It’s given me the opportunity, of course, to discover things that I wouldn’t have without this, but it’s also connected me with people and places in this area and just made me love it even more.”
She continued: “There is a zest to business and to experiences here that I didn’t even realize until I stepped foot into some of these places or connected with these incredible local business owners. And you know, I really look at it as a privilege to be given the opportunity to have a very small piece in the success of all the businesses here.”
And for the business owners, like Archer, being considered “hidden gems” has served as a boon for the businesses they run.
“Being considered a ‘Hidden Gem’ highlights the uniqueness of what we offer and helps position us as a must-visit destination for both locals and tourists looking for something special,” Archer said.
[email protected]
-
Mississippi4 minutes agoOldest Mississippi businesses. These institutions have survived at least a century
-
Missouri11 minutes agoTracking sunnier, milder conditions returning to Mid-Missouri
-
Montana14 minutes ago1 dead in vehicle vs. motorcycle crash in Bozeman
-
Nebraska19 minutes agoNebraska True Freshman Running Back Jamal Rule Arrives at the Right Time
-
Nevada26 minutes agoThese Nevada state parks might be the state’s best-kept secret
-
New Hampshire29 minutes agoConcord celebrates 250 years of American Independence – Concord Monitor
-
New Jersey34 minutes agoMore NJ Power Outages After 2nd Storm As More Severe Storms, Flood Threat Looms
-
New Mexico41 minutes agoN.M. search and rescue teams face fewer missions despite increase in calls
