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Committee deadlocks on performance audit of State Bar; bill tabled after roll‑call split

March 21, 2025 | 2025 Legislature MT, Montana


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Committee deadlocks on performance audit of State Bar; bill tabled after roll‑call split
Representative Lee Deming opened Senate Finance and Claims on House Bill 65, which would require a performance audit of the State Bar of Montana by the Legislative Audit Division. Deming said the bill's fiscal note estimates roughly $200,000 for the audit and argued the request supports transparency and accountability.

Opponents included Bruce Spencer of the State Bar, who argued the bar is a private nonprofit created by the Supreme Court, receives no public funding aside from a $7,500 contract to collect attorney license fees, and is already subject to private financial audits. Spencer said, "You're gonna spend $202,000 about collection of a hundred and 31,950," characterizing the cost relative to license tax receipts.

Legislative Auditor Angus MacIver explained that the audit division performs performance audits that examine operations and policy questions distinct from financial statement audits and said whether an audit of the state bar fits the legislature's constitutional audit authority would depend on the legislature's interpretation. He noted precedent for auditing quasi‑public organizations in other contexts but said legal questions could arise.

Committee debate focused on scope and priorities. Some senators said the audit division has limited staff and that spending $200,000 on this audit would delay other audits; others argued the State Bar's creation by the Supreme Court and its role in administering lawyer regulation justify legislative oversight.

Action: After roll‑call discussion the committee voted and, by recorded vote and subsequent procedural action, tabled House Bill 65 (motion to concur failed on roll call and the committee reversed to table without objection). The transcript shows a detailed roll call and a final statement that the bill was tabled.

Ending: The sponsor reiterated the transparency rationale and cited precedent of auditing other entities; the committee concluded with the bill placed in a tabled status pending further action.

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