Senate Bill No. introduced by J. Fuller proposes that membership and payment of dues to the State Bar of Montana be made voluntary for attorneys. The bill outlines legislative findings that highlight the historical context of the Montana bar association, which was originally established as a voluntary group in 1885. It notes that in 1974, the Montana Supreme Court mandated membership, which the bill argues is not supported by the Montana Constitution. The bill references the U.S. Supreme Court's decision in Janus v. AFSCME, asserting that lawyers in Montana should have the same First Amendment rights as government workers, allowing them the choice to associate or not with the State Bar.

The bill includes new sections that explicitly state that attorneys cannot be compelled to join or pay dues to the State Bar of Montana as a condition of their law license. Additionally, it provides a codification instruction to integrate these provisions into existing law and establishes a delayed effective date of July 1, 2026, for the act to take effect.