Montana legislature passes HB 665 limiting liability for nonprofit officers

March 01, 2025 | Introduced House Bills, 2025 House and Senate Bills, Montana Legislation Bills, Montana


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Montana legislature passes HB 665 limiting liability for nonprofit officers
House Bill 665, introduced by Representative B. Mercer on March 1, 2025, is making waves in the Montana Legislature by aiming to shield volunteer officers of small nonprofit corporations from personal liability regarding tax withholding failures. This legislation seeks to address the growing concern that volunteer leaders, often operating on limited resources, could face severe financial repercussions for the tax obligations of their organizations.

The bill proposes that certain volunteer officers will not be held individually liable for the failure of their nonprofit to withhold taxes and file necessary statements, but this exemption is limited to a period of 12 months. This provision is designed to encourage community involvement in nonprofits without the fear of personal financial ruin due to administrative oversights.

Debate surrounding HB 665 has been lively, with proponents arguing that it will foster volunteerism and support the sustainability of small nonprofits, which are vital to local communities. Critics, however, express concerns that this could lead to a lack of accountability and potentially jeopardize state tax revenues. The bill's supporters counter that the measure includes safeguards to ensure that only genuine volunteers benefit from this exemption.

The implications of HB 665 extend beyond legal liability; they touch on the economic and social fabric of Montana. By alleviating the burden on volunteer officers, the bill could enhance the operational capacity of small nonprofits, which play crucial roles in areas such as education, health, and community services. Experts suggest that empowering these organizations could lead to increased community engagement and support for local initiatives.

As the bill progresses through the legislative process, its future remains uncertain. If passed, it could set a precedent for how volunteerism is treated in the context of nonprofit governance, potentially influencing similar legislation in other states. The Montana Legislature will continue to deliberate on this significant proposal, weighing the balance between encouraging volunteerism and ensuring fiscal responsibility.

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