Rep. Liz Bangerter's (R-Helena) HB 238 is "An act allowing gender sex to be considered when issuing or providing certain insurance coverage; declaring use of actuarial tables to be a nondiscriminatory approach to setting premiums..."  The bill's 20 other conservative co-signers include: Rep. Jesse O'Hara, R-Great Falls; Rep. Wendy Warburton, R-Havre; Rep. Kelly Flynn, R-Townsend; Rep. Gordon Vance, R-Bozeman; Sen. Art Wittich, R-Bozeman; Rep. Cary Smith, R-Billings; Rep. Harry Klock, R-Harlowton; Rep. Mark Blasdel, R-Somers; Rep. Tom Burnett, R-Bozeman; Rep. Tom McGillvray, R-Billings; Rep. Scott Reichner, R-Big Fork; Rep. Ted Wasburn, R-Bozeman; Rep. Jeffrey Wellborn, R-Dillon; Rep. Cleve Loney, R-Great Falls; Rep. Wayne Stahl, R-Saco; Sen. Ron Arthrun, R-Wilsall; Rep. Mike Milburn, R-Cascade; Sen. Jon Sonju, R-Kalispell; Sen. Chas Vincent, R-Libby; and Sen. Jim Peterson, R-Buffalo. As is evidenced by the text of this bill, it has been significantly gutted during the 62nd legislature, with "gender" being replaced by "sex" and nearly all the language of the bill rewritten, yet it remains a placeholder for allowing gender discrimination in the private sector.

At the beginning of the 62nd Legislature HB 238  would allow insurance companies to discriminate against customers based on their gender. This would have law could, for example, have affected health insurance rates for women of child bearing years and middle-aged men.  Similar bills have been brought before the Montana legislature many times in the past.  In the early 1980's, Montana passed a bill reinforcing the State Constitution, by explicitly stating that gender can not be used as a determining factor in insurance coverage.  Ever since, Republicans have attempted to repeal this law during every legislative session.

The amended version of this bill does not allow health insurance companies to discriminate on a basis of gender.  This change is in part due to the federal Affordable Care Act that prevents gender discrimination in health insurance.  Yet, the other insurance agencies, like  home owners or life insurance, like home owners or life insurance, would still be able to use "actuarial tables" based on gender to set premiums.  Discrimination based on gender is wrong and it is appalling that Montana legislature is approving such measures.

The House approved the bill as amended yesterday in a 2nd reading with a vote of 65:35 (we should note that several Republicans crossed the aisle to vote against this bill).  The bill passed out of the on 4/20 with a vote of 64:34.  Now it heads to the Governor's desk.

Contact Gov. Brian Schweitzer & urge him to veto HB 238 that now heads to his desk;  Email him or call him at 406.444.3111 and ask him to ensure that insurance companies in our state do not have the right to discriminate based on gender.