Eliminate the board of public assistance

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69th Legislature 2025 SB 194
- 1 - Authorized Print Version – SB 194
ENROLLED BILL
AN ACT ELIMINATING THE BOARD OF PUBLIC ASSISTANCE; GENERALLY REVISING PROCEDURES
FOR APPEALS RELATED TO PUBLIC ASSISTANCE CLAIMS; AMENDING SECTION 53-2-606, MCA;
REPEALING SECTION 2-15-2203, MCA; AND PROVIDING EFFECTIVE DATES AND AN APPLICABILITY
DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 53-2-606, MCA, is amended to read:
"53-2-606. Right of appeal. (1) If an application for assistance for food stamps, cash assistance or
nonfinancial assistance, as defined in 53-2-902, or medicaid is not acted upon promptly or if a decision is made
by which the applicant or recipient is aggrieved, the applicant or recipient may appeal to the board of public
assistancedepartment for a fair hearing by addressing a request for a hearing to the department. The board of
public assistancedepartment shall, upon receipt of a request for a hearing, give the applicant or recipient
prompt notice and opportunity for a fair hearing.
(2) The department may upon its own motion review any decision of a local office of public
assistance and may consider any application upon which a decision has not been made within a reasonable
time from the filing of the decision. The department may have an additional eligibility determination made and
shall determine whether and in what amount assistance is to be granted under the provisions of this title.
(3) If the department reviews a decision on its own motion, applicants or recipients affected by the
decisions of the department must upon request be given reasonable notice and an opportunity for a fair hearing
by the board of public assistance."
Section 2. Repealer. The following section of the Montana Code Annotated is repealed:
2-15-2203. Board of public assistance -- allocation -- quasi-judicial.
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69th Legislature 2025 SB 194
- 2 - Authorized Print Version – SB 194
ENROLLED BILL
Section 3. Transition. The board of public assistance shall remain operational until all appeals that
were filed with the board on or before [the effective date provided in section 5(1)] are resolved by the board. If a
vacancy occurs on the board before that time, the vacancy must be filled as provided in 2-15-2203.
Section 4. Saving clause. [This act] does not affect rights and duties that matured, penalties that
were incurred, or proceedings that were begun before [the effective date provided in section 5(1)].
Section 5. Effective dates. (1) Except as provided in subsection (2), [this act] is effective on passage
and approval.
(2) [Section 2] is effective October 1, 2025.
Section 6. Applicability. [Section 1] applies to appeals filed on or after [the effective date provided in
section 5(1)].
- END -
I hereby certify that the within bill,
SB 194, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 194
INTRODUCED BY J. TREBAS, D. EMRICH, G. NIKOLAKAKOS
AN ACT ELIMINATING THE BOARD OF PUBLIC ASSISTANCE; GENERALLY REVISING PROCEDURES FOR
APPEALS RELATED TO PUBLIC ASSISTANCE CLAIMS; AMENDING SECTION 53-2-606, MCA; REPEALING
SECTION 2-15-2203, MCA; AND PROVIDING EFFECTIVE DATES AND AN APPLICABILITY DATE.