HELENA — The Montana House has voted down a bill that would have required federal law enforcement to notify sheriffs when taking action in their counties.
House Bill 439, called a “Sheriffs First Initiative,” fell short in a vote on the House floor Friday, 44-56. 14 Republicans and all House Democrats opposed the bill.
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Supporters of HB 439 said it was intended to make sure the federal government was communicating with local law enforcement.
It would have required any federal employee making an arrest, search or seizure in Montana to inform the local county sheriff first. If they suspected there would be a conflict of interest with the sheriff, they would instead need to inform the state attorney general.
Rep. Lee Deming, R-Laurel, sponsored the bill. He said he brought it in response to situations like a 2023 federal search at a gun shop in Great Falls — where Deming said federal authorities notified the Great Falls police, but not the Cascade County sheriff.
HB 439 initially required sheriffs to give written permission before a federal arrest or search, and it established felony penalties if a federal official didn’t comply. Deming said he agreed to amend the bill to simply require notice after hearing concerns from some sheriffs.
“I just think it's common sense,” he said. “You know, we can't force the federal government to do anything — well, how about just cooperate with us?”
Supporters said it would be better for the safety of law enforcement officers if agencies know what’s happening in their jurisdiction. They included Rep. Shane Klakken, R-Grass Range, a former pilot for U.S. Customs and Border Patrol.
“A time or two, I was up there watching with a systems operator, up there in communication with everybody – and unbeknownst to the whole operation, a local came in there and was surprised by the whole situation,” he said. “Luckily we saw it, we were able to let people know what's going on – this is an officer safety issue.”
But opponents argued the bill could interfere with law enforcement operations.
Rep. Bill Mercer, R-Billings, is the former U.S. attorney for Montana. He noted that the Legislature has rejected similar bills in the past, and argued that’s because it was trying to solve a problem where there really isn’t one.
“The ‘deconfliction’ that is mentioned in Section 2 and the ‘maximum cooperation’ that's mentioned in Section 1 is happening in your communities already,” said Mercer.
Rep. John Fitzpatrick, R-Anaconda, said the relationships between federal and local law enforcement in Montana are generally working well, and that the bill – even amended – would overstep the state’s authority.
“If this bill were to be challenged in court. I think its life expectancy would be about ten nanoseconds,” he said.
