reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 3. Special Sessions › Part 1. Call of Special Session › 5-3-106. Procedure for polling legislators

5-3-106. Procedure for polling legislators.
(1) Within 5 days after receiving a request, the secretary of state shall send to all legislators by certified mail a ballot that contains:
(a) the names of the legislators making the request;
(b) the reasons for calling the special session;
(c) the purposes of the special session;
(d) the requested convening date and time of the special session;
(e) subject to subsection (2), the date by which legislators shall return the ballot, which may not be more than 30 days after the date of the mailing of the ballots; and
(f) a stamped return envelope.
(2) Within 2 calendar days after receiving a request to consider an existing state of emergency or disaster declared under the authority of 10-3-303, the secretary of state shall send a ballot that complies with subsection (1) using any reasonable and reliable means, including electronic delivery, and is not required to use certified mail. The date by which legislators shall return the ballot specified in this subsection (2) may not be more than 7 calendar days after the date the ballots were sent.
History: En. Sec. 4, Ch. 433, L. 1973; amd. Sec. 1, Ch. 200, L. 1975; R.C.M. 1947, 43-322; amd. Sec. 1, Ch. 416, L. 1999; amd. Sec. 4, Ch. 504, L. 2021.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 3. Special Sessions › Part 1. Call of Special Session › 5-3-107. Notice of time of approved special session

5-3-107. Notice of time of approved special session.
If a majority of the legislators reply affirmatively to the poll, the secretary of state shall notify each legislator of the time and day on which the special session shall convene.
History: En. Sec. 6, Ch. 433, L. 1973; R.C.M. 1947, 43-324.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 3. Special Sessions › Part 1. Call of Special Session › 5-3-108. Failure to approve special session -- ballots void

5-3-108. Failure to approve special session -- ballots void.
(1) Subject to subsection (2), if a majority of the legislators fail to approve the call for a special session within 30 days after the secretary of state mails the ballots or notifies each legislator, all ballots are void and may not be used again.
(2) When the purpose of the special session is to consider an existing state of emergency or disaster declared under the authority of 10-3-303, if a majority of the legislators fail to approve the call for a special session within 7 calendar days after the secretary of state sends the ballots or notifies each legislator pursuant to 5-3-106(2), all ballots are void and may not be used again.
(3) If a poll is not approved under subsection (1) or (2), the entire process must be repeated to call the legislature into special session.
History: En. Sec. 7, Ch. 433, L. 1973; R.C.M. 1947, 43-325; amd. Sec. 5, Ch. 504, L. 2021.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 4. Bills › Part 1. General Provisions › 5-4-101. Form of enacting clause

5-4-101. Form of enacting clause.
The enacting clause of every law shall be as follows: "Be it enacted by the Legislature of the State of Montana:".
History: En. Sec. 1, Ch. 7, L. 1974; R.C.M. 1947, 43-516.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 4. Bills › Part 1. General Provisions › 5-4-102. Limitation on title of referred legislation

5-4-102. Limitation on title of referred legislation.
All bills referred by the legislature to a vote of the people must have a title of no more than 100 words, exclusive of section numbers of any statutes being amended or repealed.
History: En. Sec. 17, Ch. 400, L. 1979; amd. Sec. 1, Ch. 182, L. 2021.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 4. Bills › Part 1. General Provisions › 5-4-103. Rulemaking authority

5-4-103. Rulemaking authority.
A statute delegating rulemaking authority to an agency must contain specific guidelines describing for the agency and the public what the rules may and may not contain.
History: En. Sec. 2, Ch. 11, L. 1997.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 4. Bills › Part 1. General Provisions › 5-4-104. Tax expenditure criteria -- legislation

5-4-104. Tax expenditure criteria -- legislation.
(1) The legislature recognizes the value of relevant information when making determinations regarding tax policy and tax expenditures. The legislature also recognizes the need to reevaluate tax expenditures after enactment. In consideration of these policy goals, the legislature encourages a policy of providing an explicit purpose of a tax expenditure and termination dates of no more than 6 years in any legislation creating, expanding, or continuing a tax expenditure.
(2) As used in this section, the term "tax expenditures" means those revenue losses attributable to provisions of Montana tax laws that allow a special exclusion, exemption, or deduction from gross income or that provide a special credit, a preferential rate of tax, or a deferral of tax liability including:
(a) personal income and corporate income tax exemptions;
(b) property tax exemptions for which application to the department is necessary;
(c) deferral of income;
(d) credits allowed against Montana personal income tax or Montana corporate income tax;
(e) deductions from income; and
(f) any other identifiable preferential treatment of income or property.
History: En. Sec. 2, Ch. 379, L. 2011; amd. Sec. 1, Ch. 268, L. 2013.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 4. Bills › Part 1. General Provisions › 5-4-105. Predrafting

5-4-105. Predrafting.
(1) Prior to the legislative services division working on a bill draft request, the legislative services division shall offer to provide to the requesting legislator a brief history on the subject matter in the legislature in the past five sessions, including but not limited to:
(a) any legislation introduced in the past five sessions; and
(b) links to any online materials, including bills, fiscal notes, audio or video files, and minutes.
(2) The legislative services division may request assistance from the legislative fiscal division or legislative audit division on any state budgetary, fiscal, or audit information related to the subject matter.
History: En. Sec. 1, Ch. 309, L. 2017.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 4. Bills › Part 2. Fiscal Notes in Legislative Bills › 5-4-201. Requirement of fiscal notes with committee reports

5-4-201. Requirement of fiscal notes with committee reports.
All bills reported out of a committee of the legislature having an effect on the revenues, expenditures, or fiscal liability of the state or of a county or municipality, except appropriation measures carrying specific dollar amounts, shall include a fiscal note incorporating an estimate of such effect. Fiscal notes shall be requested by the presiding officer of either house, who shall determine the need for the note at the time of introduction.
History: En. Sec. 1, Ch. 53, L. 1965; R.C.M. 1947, 43-1001; amd. Sec. 1, Ch. 229, L. 1983; amd. Sec. 1, Ch. 314, L. 2021.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 4. Bills › Part 2. Fiscal Notes in Legislative Bills › 5-4-202. Requests for notes by committee, house, or sponsor

5-4-202. Requests for notes by committee, house, or sponsor.
A fiscal note also may be requested on a bill, as the joint rules of the senate and the house of representatives may allow, by:
(1) a committee considering the bill;
(2) a majority of the members of the house in which the bill is to be considered, at the time of second reading; or
(3) the sponsor, through the presiding officer.
History: En. Sec. 5, Ch. 53, L. 1965; amd. Sec. 1, Ch. 11, L. 1974; R.C.M. 1947, 43-1005.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 4. Bills › Part 2. Fiscal Notes in Legislative Bills › 5-4-203. Budget director to prepare note

5-4-203. Budget director to prepare note.
The budget director, in cooperation with the state or local agencies or officials or organizations representing local agencies or officials affected by the bill, is responsible for the preparation of the fiscal note and shall return same within 6 days. The director may request additional time to complete a note, which extension must be submitted to the presiding officer or committee requesting the note for approval.
History: En. Sec. 2, Ch. 53, L. 1965; amd. Sec. 1, Ch. 6, L. 1974; amd. Sec. 97, Ch. 326, L. 1974; amd. Sec. 1, Ch. 321, L. 1975; R.C.M. 1947, 43-1002; amd. Sec. 2, Ch. 229, L. 1983.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 4. Bills › Part 2. Fiscal Notes in Legislative Bills › 5-4-205. Contents of notes

5-4-205. Contents of notes.
(1) Fiscal notes must, when possible, show in dollar amounts the estimated increase or decrease in revenue or expenditures, costs that may be absorbed without additional funds, and long-range financial implications. A comment or opinion relative to the merits of the bill may not be included in the fiscal note. However, technical or mechanical defects may be noted.
(2) It is the legislature's intent that a fiscal note be prepared as an objective analysis of the fiscal impact of legislation. The fiscal note should represent only the estimate of the revenue and expenditures that would result from the implementation of the legislation, if enacted, and may not in any way reflect the views or opinions of the preparing agencies, the sponsor, or other interested parties. Changes in revenue must be estimated for each reported year based upon appropriate revenue estimating methodologies for the source of revenue described and should reflect a change from the official revenue estimate provided for in 5-5-227. Expenditures must be estimated as the amount required for implementing the legislation, if enacted, in excess of or as a reduction to the present law base level of expenditures in each reported year regardless of whether or not the preparing agency determines that it can absorb the costs in its proposed budget.
(3) The fiscal note must clearly differentiate between facts and assumptions made in the preparation of the fiscal note while maintaining a logical flow of both fact and assumption in presenting how the fiscal impact is determined.
History: En. Sec. 4, Ch. 53, L. 1965; R.C.M. 1947, 43-1004; amd. Sec. 2, Ch. 392, L. 2009; amd. Sec. 2, Ch. 314, L. 2021.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 4. Bills › Part 2. Fiscal Notes in Legislative Bills › 5-4-206. Background information to legislators on request

5-4-206. Background information to legislators on request.
The budget director shall make available on request to any member of the legislature all background information used in developing a fiscal note.
History: En. Sec. 6, Ch. 53, L. 1965; amd. Sec. 97, Ch. 326, L. 1974; amd. Sec. 3, Ch. 321, L. 1975; R.C.M. 1947, 43-1006.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 4. Bills › Part 2. Fiscal Notes in Legislative Bills › 5-4-207. Repealed

5-4-207. Repealed.
Sec. 2, Ch. 274, L. 1993.
History: En. Sec. 9, Ch. 266, L. 1987; amd. Sec. 4, Ch. 195, L. 1991.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 4. Bills › Part 2. Fiscal Notes in Legislative Bills › 5-4-208. Report of actual costs for legislation with projected fiscal impact

5-4-208. (Temporary) Report of actual costs for legislation with projected fiscal impact.
(1) Except for the general appropriations act and any bill exempted by the legislature, for each bill with an estimated expenditure amount of over $1 million from the general fund in any 1 of the 4 fiscal years identified in the bill's fiscal note, or as required in the bill, that is passed and approved for which a fiscal note is prepared and presented to the legislature, the office of budget and program planning shall prepare and present an annual report to the legislative finance committee by October 1 of each year. The report must include the following information:
(a) the name of the bill;
(b) the actual expenditures incurred based on the bill as enacted for the past entire fiscal year and a description of how the funds were expended; and
(c) a comparison to the projected costs of the bill as projected in the fiscal note for that same fiscal year.
(2) The report to the legislature must include bills that qualify under subsection (1) for which a fiscal note was prepared which have been in effect for at least 1 fiscal year. The bill must be included in the report for each year a cost was projected in a corresponding fiscal note.
(3) The report must be provided in an electronic format.
(4) The report must also be submitted to the legislature as provided in 5-11-210. (Terminates December 31, 2025--sec. 6, Ch. 350, L. 2021.)
History: En. Sec. 1, Ch. 350, L. 2021.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 4. Bills › Part 2. Fiscal Notes in Legislative Bills › 5-4-210. Estimate of fiscal impact on local government required

5-4-210. Estimate of fiscal impact on local government required.
(1) A bill that, if enacted, may require a local government unit to perform an activity or provide a service or facility that requires a direct expenditure of additional funds without a specific means to finance the activity, service, or facility in violation of 1-2-112 or 1-2-113 must be accompanied, at the time that the bill is presented for introduction to the chief clerk of the house of representatives or the secretary of the senate, by an estimate of all direct and indirect fiscal impacts on a local government unit. The estimate of fiscal impacts must be prepared by the budget director in cooperation with a local government unit affected by the bill. The budget director has 10 days to prepare the estimate.
(2) The estimate must show in dollar amounts the increase in expenditures that may be required by the bill. Comment or opinion relative to the merits of the bill may not be included in the estimate. However, technical or mechanical defects may be noted. Upon completion of the estimate, the budget director shall submit the estimate to the requestor of the bill.
History: En. Sec. 4, Ch. 416, L. 1995.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 4. Bills › Part 3. Action by Governor on Bills › 5-4-301. Bills received by governor -- how endorsed

5-4-301. Bills received by governor -- how endorsed.
Each bill passed by the legislature, except bills proposing amendments to the Montana constitution, bills ratifying proposed amendments to the United States constitution, resolutions, and initiative and referendum measures, must be submitted to the governor for the governor's signature. Each bill must, as soon as it is delivered to the governor, be endorsed as follows: "This bill was received by the governor this .... day of ...., 20...". The endorsement must be signed by the governor or by an assistant authorized by the governor.
History: En. Sec. 270, Pol. C. 1895; re-en. Sec. 100, Rev. C. 1907; re-en. Sec. 84, R.C.M. 1921; Cal. Pol. C. Sec. 309; re-en. Sec. 84, R.C.M. 1935; amd. Sec. 1, Ch. 31, L. 1973; R.C.M. 1947, 43-501; amd. Sec. 7, Ch. 51, L. 1999.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 4. Bills › Part 3. Action by Governor on Bills › 5-4-302. Approval of bills

5-4-302. Approval of bills.
When the governor approves a bill, the governor shall sign the bill with the date of approval and deposit the bill in the office of the secretary of state.
History: En. Sec. 271, Pol. C. 1895; re-en. Sec. 101, Rev. C. 1907; re-en. Sec. 85, R.C.M. 1921; Cal. Pol. C. Sec. 310; re-en. Sec. 85, R.C.M. 1935; amd. Sec. 1, Ch. 157, L. 1973; R.C.M. 1947, 43-502(1); amd. Sec. 225, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 4. Bills › Part 3. Action by Governor on Bills › 5-4-303. Line item veto

5-4-303. Line item veto.
If a bill presented to the governor contains several distinct items of appropriation of money, the governor may disapprove one or more items while approving other portions of the bill. If an item is disapproved, the governor shall append to the bill, at the time of signing it, a statement of the items objected to and the reasons for the objection. The governor shall transmit to the house in which the bill originated, or to the secretary of state if the legislature is not in session, a copy of the statement, and the items objected to must be separately reconsidered in the same manner as bills that have been disapproved by the governor.
History: En. Sec. 271, Pol. C. 1895; re-en. Sec. 101, Rev. C. 1907; re-en. Sec. 85, R.C.M. 1921; Cal. Pol. C. Sec. 310; re-en. Sec. 85, R.C.M. 1935; amd. Sec. 1, Ch. 157, L. 1973; R.C.M. 1947, 43-502(2); amd. Sec. 226, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 4. Bills › Part 3. Action by Governor on Bills › 5-4-304. Amendatory veto

5-4-304. Amendatory veto.
The governor may return any bill to the originating house with the governor's recommendations for amendment. The originating house shall reconsider the bill under its rules relating to an amendment offered in committee of the whole. The bill is then subject to the following procedures:
(1) The originating house shall transmit to the second house, for consideration under its rules relating to amendments in committee of the whole, the bill and the originating house's approval or disapproval of the governor's recommendations.
(2) If both houses approve the governor's recommendations, the bill must be returned to the governor for reconsideration.
(3) If both houses disapprove the governor's recommendations, the bill must be returned to the governor for reconsideration.
(4) If one house disapproves the governor's recommendations and the other house approves, then either house may request a conference committee, which may be a free conference committee:
(a) If both houses adopt a conference committee report, the bill, in accordance with the report, must be returned to the governor for reconsideration.
(b) If a conference committee fails to reach agreement or if its report is not adopted by both houses, the governor's recommendations are considered not approved and the bill must be returned to the governor for further consideration.
(5) The governor may not return the bill for amendment a second time.
History: En. Sec. 271, Pol. C. 1895; re-en. Sec. 101, Rev. C. 1907; re-en. Sec. 85, R.C.M. 1921; Cal. Pol. C. Sec. 310; re-en. Sec. 85, R.C.M. 1935; amd. Sec. 1, Ch. 157, L. 1973; R.C.M. 1947, 43-502(3); amd. Sec. 227, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 4. Bills › Part 3. Action by Governor on Bills › 5-4-305. Bills returned without approval

5-4-305. Bills returned without approval.
(1) A bill or item or items of an appropriations bill become law whenever:
(a) the bill passes both houses of the legislature;
(b) the bill is returned by the governor without signature and with objections to the bill or, if it is a bill containing several items of appropriation of money, with objections to one or more items; and
(c) upon reconsideration the bill or item or items pass both houses by the constitutional majority.
(2) The bill or item or items must be authenticated by a certificate endorsed on or attached to the bill or the copy of the statement of objections. The form of the certificate must be: "This bill having been returned by the governor with objections and, after reconsideration, having passed both houses by the constitutional majority has become a law this .... day of ...., A.D. ...." or "The following items in the within statement (naming them) having, after reconsideration, passed both houses by the constitutional majority have become a law this .... day of ...., A.D. ...". The endorsement, signed by the president of the senate and the speaker of the house, is sufficient authentication of the bill or item or items.
(3) The authenticated bill or statement must be delivered to the governor, who shall deposit it with the laws in the office of the secretary of state.
History: En. Sec. 272, Pol. C. 1895; re-en. Sec. 102, Rev. C. 1907; re-en. Sec. 86, R.C.M. 1921; Cal. Pol. C. Sec. 311; re-en. Sec. 86, R.C.M. 1935; amd. Sec. 7, Ch. 309, L. 1977; R.C.M. 1947, 43-503; amd. Sec. 228, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 4. Bills › Part 3. Action by Governor on Bills › 5-4-306. Return when legislature not in session

5-4-306. Return when legislature not in session.
(1) If, on the day the governor desires to return a bill without approval and with objections to the bill to the house in which it originated, that house has adjourned for the day, but not for the session, the governor may deliver the bill with the message to the presiding officer, secretary, clerk, or any member of that house. The delivery is as effectual as though returned in open session if the governor, on the first day the house is again in session, by message, notifies it of the delivery and of the time when and the person to whom the delivery was made.
(2) If the legislature is not in session when the governor vetoes a bill, the governor shall return the bill with the reasons for the veto to the secretary of state. If the bill was not approved by two-thirds of the members voting on the final vote on the bill, the secretary of state shall within 5 working days of receipt of the bill and veto message mail a copy of the title of the bill and the veto message to each member of the legislature. If the bill was approved by two-thirds of the members voting on the final vote on the bill, the secretary of state shall poll the members of the legislature. The secretary of state shall within 5 working days of receipt of the bill and veto message send by certified mail to each legislator, at an address provided by the legislator, a copy of the bill and the veto message, a ballot, a return envelope, instructions for casting a vote, and notice of the date by which each legislator shall return a vote. The date for return must be within 30 days after the date on which the bill, veto message, and voting instructions are sent. A legislator may cast and return a vote by delivering the ballot and return envelope in person or by mailing the ballot in the return envelope by regular mail, postage paid, or by sending the ballot by facsimile transmission to the office of the secretary of state. A legislator may not change the legislator's vote after the ballot is received by the secretary of state. The secretary of state shall tally the votes within 1 working day after the date for return of the votes. If two-thirds or more of the members of each house vote to override the veto, the bill becomes law.
(3) The legislature may reconvene to reconsider any bill vetoed by the governor when the legislature is not in session by using the statutory procedure provided for convening in special session.
History: En. Sec. 273, Pol. C. 1895; re-en. Sec. 103, Rev. C. 1907; re-en. Sec. 87, R.C.M. 1921; Cal. Pol. C. Sec. 312; re-en. Sec. 87, R.C.M. 1935; amd. Sec. 1, Ch. 63, L. 1973; R.C.M. 1947, 43-504; amd. Sec. 7, Ch. 3, L. 1985; amd. Sec. 1, Ch. 317, L. 1989; amd. Sec. 2, Ch. 685, L. 1991; amd. Sec. 229, Ch. 61, L. 2007; amd. Sec. 1, Ch. 102, L. 2009.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 4. Bills › Part 3. Action by Governor on Bills › 5-4-307. Bills remaining with governor

5-4-307. Bills remaining with governor.
(1) A bill that has passed both houses of the legislature and has not been returned by the governor within 10 days after its delivery to the governor becomes law.
(2) The governor shall deliver the bill to the secretary of state and direct the secretary of state to authenticate it by a certificate endorsed on or attached to the bill. The form of the certificate must be: "This bill having remained with the governor 10 days, it has become a law this .... day of ...., ....". The certificate must be signed by the secretary of state and deposited with the laws in the secretary of state's office.
History: En. Sec. 274, Pol. C. 1895; re-en. Sec. 104, Rev. C. 1907; re-en. Sec. 88, R.C.M. 1921; Cal. Pol. C. Sec. 313; re-en. Sec. 88, R.C.M. 1935; amd. Sec. 1, Ch. 30, L. 1973; amd. Sec. 8, Ch. 309, L. 1977; R.C.M. 1947, 43-505; amd. Sec. 18, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 4. Bills › Part 3. Action by Governor on Bills › 5-4-308. Transmittal of veto messages to legislative services division

5-4-308. Transmittal of veto messages to legislative services division.
The governor shall transmit one copy of each veto message to the legislative services division.
History: En. Sec. 1, Ch. 3, L. 1983; amd. Sec. 19, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 4. Bills › Part 4. Legislative History Act (Repealed) › 5-4-401. Repealed

5-4-401. Repealed.
Sec. 4, Ch. 11, L. 1997.
History: En. 43-519 by Sec. 1, Ch. 560, L. 1977; R.C.M. 1947, 43-519.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 4. Bills › Part 4. Legislative History Act (Repealed) › 5-4-402. Repealed

5-4-402. Repealed.
Sec. 4, Ch. 11, L. 1997.
History: En. 43-520 by Sec. 2, Ch. 560, L. 1977; R.C.M. 1947, 43-520; amd. Sec. 2, Ch. 466, L. 1983; amd. Sec. 2, Ch. 29, L. 1985; amd. Sec. 2, Ch. 420, L. 1989.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 4. Bills › Part 4. Legislative History Act (Repealed) › 5-4-403. Repealed

5-4-403. Repealed.
Sec. 4, Ch. 11, L. 1997.
History: En. 43-521 by Sec. 3, Ch. 560, L. 1977; R.C.M. 1947, 43-521.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 4. Bills › Part 4. Legislative History Act (Repealed) › 5-4-404. Repealed

5-4-404. Repealed.
Sec. 4, Ch. 11, L. 1997.
History: En. 43-522 by Sec. 4, Ch. 560, L. 1977; R.C.M. 1947, 43-522; amd. Sec. 1, Ch. 29, L. 1985; amd. Sec. 3, Ch. 420, L. 1989.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 1. Legislature Investigative Powers › 5-5-106. Scope and application of legislature investigative powers

5-5-106. Scope and application of legislature investigative powers.
(1) (a) Pursuant to Article V, section 1, of the Montana constitution, the legislative power is vested in the legislature consisting of a senate and a house of representatives.
(b) The constitutional legislative power includes the legislature's broad power to investigate any subject related to enacting law, the implementation of enacted law, and the expenditure of money appropriated by the legislature.
(c) The presumption of constitutionality of legislative actions applies to legislative investigations.
(2) The broad scope and application of the legislature's investigative powers include but are not limited to the power to investigate:
(a) any subject regarding information in connection with the proper discharge of the legislature's function to enact, amend, or repeal statutes, appropriate money, audit state and local government finances and programs, or perform any other act delegated to the legislature by the constitution;
(b) any subject in which there is a legitimate use that the legislature can make of the information being sought;
(c) the management of state institutions and public agencies, as defined in 2-6-1002;
(d) matters concerning the administration of existing laws, proposed laws, or potentially necessary laws; and
(e) matters concerning defects in any social, political, or economic system to remedy those defects.
(3) The application and exercise of the legislature's investigative power must protect the rights of all persons and adhere to all state and federal constitutional protections related to privacy, life, liberty, and property.
History: En. Sec. 1, Ch. 687, L. 2023.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 1. Legislature Investigative Powers › 5-5-107. Subpoenas -- witnesses -- records

5-5-107. Subpoenas -- witnesses -- records.
(1) A subpoena requiring the attendance of any witness before either house of the legislature, a committee of either house, a committee established under legislative rules, or a statutory committee or an interim committee may be issued by the president of the senate, the speaker of the house, or the presiding officer of any committee before whom the attendance of the witness is desired.
(2) A subpoena compelling attendance of a witness is sufficient if:
(a) it states whether the proceeding is before the house of representatives, the senate, or a committee;
(b) it states the legislative purpose for issuing the subpoena;
(c) it is addressed to the witness;
(d) it requires the attendance of the witness at a time and place certain; and
(e) it is signed by the president of the senate, the speaker of the house, or the presiding officer of a committee.
(3) (a) In the discharge of its duties, either house of the legislature, a committee of either house, a committee established under legislative rules, or a statutory committee or an interim committee may issue a subpoena to compel the production of a record that is fixed in any medium and is retrievable from a person that is in possession, custody, or control of the record.
(b) A subpoena compelling the production of a record is sufficient if:
(i) it states whether the proceeding is before the house of representatives, the senate, or a committee;
(ii) it states the legislative purpose for issuing the subpoena;
(iii) it provides a description of the records being compelled for production;
(iv) it is addressed to a person;
(v) except as provided in subsection (3)(c), it requires the production of a record at a date and place certain, but not later than 10 business days from receipt of the subpoena; and
(vi) it is signed by the president of the senate, the speaker of the house, or the presiding officer of a committee.
(c) (i) A person that is served a subpoena to produce records that may include confidential information shall notify the presiding officer that signed the subpoena and submit a written notice of denial and a written explanation for the denial pursuant to 2-6-1009.
(ii) A person served a subpoena under subsection (3)(c)(i), may request additional time to produce the records pursuant to subsection (3)(b)(v).
(4) For the purposes of this section:
(a) "confidential information" has the meaning provided in 2-6-1002; and
(b) "person" has the meaning provided in 2-5-103.
History: En. Sec. 260, Pol. C. 1895; re-en. Sec. 95, Rev. C. 1907; re-en. Sec. 79, R.C.M. 1921; Cal. Pol. C. Sec. 300; re-en. Sec. 79, R.C.M. 1935; R.C.M. 1947, 43-401; amd. Sec. 230, Ch. 61, L. 2007; amd. Sec. 2, Ch. 687, L. 2023; Sec. 5-5-101, MCA 2021; redes. 5-5-107 by Code Commissioner, 2023.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 1. Legislature Investigative Powers › 5-5-108. Service of subpoenas

5-5-108. Service of subpoenas.
The subpoena may be served by any elector of the state, and the elector's affidavit that the elector delivered a copy to the witness or the person compelled to produce records under 5-5-107(3) is evidence of service.
History: En. Sec. 261, Pol. C. 1895; re-en. Sec. 96, Rev. C. 1907; re-en. Sec. 80, R.C.M. 1921; Cal. Pol. C. Sec. 301; re-en. Sec. 80, R.C.M. 1935; R.C.M. 1947, 43-402; amd. Sec. 231, Ch. 61, L. 2007; amd. Sec. 3, Ch. 687, L. 2023; Sec. 5-5-102, MCA 2021; redes. 5-5-108 by Code Commissioner, 2023.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 1. Legislature Investigative Powers › 5-5-109. Contempt -- misdemeanor

5-5-109. Contempt -- misdemeanor.
(1) If a witness neglects or refuses to obey a subpoena or, appearing, neglects or refuses to testify, the senate or house may, by resolution entered on the journal, commit the witness for contempt.
(2) If a person compelled to produce records under 5-5-107(3) neglects or refuses to obey a subpoena, the senate or house may, by resolution entered on the journal, commit the witness for contempt.
(3) A person who neglects or refuses to obey a subpoena under subsection (1) or (2) is guilty of a misdemeanor punishable as provided in 46-18-212.
History: En. Sec. 262, Pol. C. 1895; re-en. Sec. 97, Rev. C. 1907; re-en. Sec. 81, R.C.M. 1921; Cal. Pol. C. Sec. 302; re-en. Sec. 81, R.C.M. 1935; R.C.M. 1947, 43-403; amd. Sec. 232, Ch. 61, L. 2007; amd. Sec. 4, Ch. 687, L. 2023; Sec. 5-5-103, MCA 2021; redes. 5-5-109 by Code Commissioner, 2023.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 1. Legislature Investigative Powers › 5-5-111. Compelling attendance

5-5-111. Compelling attendance.
Any witness neglecting or refusing to attend in obedience to a subpoena may be arrested by the sergeant at arms and brought before the senate or house. The only warrant of authority necessary to authorize the arrest is a copy of a resolution of the senate or house, signed by the president of the senate or speaker of the house and countersigned by the secretary or clerk.
History: En. Sec. 263, Pol. C. 1895; re-en. Sec. 98, Rev. C. 1907; re-en. Sec. 82, R.C.M. 1921; Cal. Pol. C. Sec. 303; re-en. Sec. 82, R.C.M. 1935; amd. Sec. 6, Ch. 309, L. 1977; R.C.M. 1947, 43-404; Sec. 5-5-104, MCA 2021; redes. 5-5-111 by Code Commissioner, 2023.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 1. Legislature Investigative Powers › 5-5-112. Immunity of witness

5-5-112. Immunity of witness.
(1) A person sworn and examined before either house of the legislature or any committee of the legislature may not be held to answer criminally or be subject to any penalty or forfeiture for any fact or act relating to the required testimony. A statement made or paper produced by the witness is not competent evidence in any criminal proceeding against the witness.
(2) A witness cannot refuse to testify to any fact or to produce any paper concerning which the witness is examined for the reason that the witness's testimony or the production of the paper tends to disgrace the witness or render the witness infamous.
(3) This section does not exempt a witness from prosecution and punishment for perjury committed by the witness during the examination.
History: En. Sec. 264, Pol. C. 1895; re-en. Sec. 99, Rev. C. 1907; re-en. Sec. 83, R.C.M. 1921; Cal. Pol. C. Sec. 304; re-en. Sec. 83, R.C.M. 1935; R.C.M. 1947, 43-405; amd. Sec. 233, Ch. 61, L. 2007; Sec. 5-5-105, MCA 2021; redes. 5-5-112 by Code Commissioner, 2023.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 2. Organization -- Interim Committees › 5-5-201. Power to administer oaths

5-5-201. Power to administer oaths.
The members of any committee may administer oaths to witnesses in any matter under examination.
History: En. Secs. 4 and 5, p. 170, L. 1891; re-en. Sec. 200, Pol. C. 1895; re-en. Sec. 67, Rev. C. 1907; re-en. Sec. 65, R.C.M. 1921; Cal. Pol. C. Sec. 252; re-en. Sec. 65, R.C.M. 1935; R.C.M. 1947, 43-301(part).
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 2. Organization -- Interim Committees › 5-5-202. Interim committees

5-5-202. Interim committees.
(1) During an interim when the legislature is not in session, the committees listed in subsection (2) are the interim committees of the legislature. They are empowered to sit as committees and may act in their respective areas of responsibility. The functions of the legislative council, legislative audit committee, legislative finance committee, environmental quality council, state-tribal relations committee, and local government committee are provided for in the statutes governing those committees.
(2) The following are the interim committees of the legislature:
(a) economic affairs committee;
(b) education committee;
(c) children, families, health, and human services committee;
(d) law and justice committee;
(e) energy and telecommunications committee;
(f) revenue committee;
(g) state administration and veterans' affairs committee;
(h) transportation committee; and
(i) water policy committee.
(3) An interim committee, the local government committee, or the environmental quality council may refer an issue to another committee that the referring committee determines to be more appropriate for the consideration of the issue. Upon the acceptance of the referred issue, the accepting committee shall consider the issue as if the issue were originally within its jurisdiction. If the committee that is referred an issue declines to accept the issue, the original committee retains jurisdiction.
(4) If there is a dispute between committees as to which committee has proper jurisdiction over a subject, the legislative council shall determine the most appropriate committee and assign the subject to that committee. If there is an entity that is attached to an agency for administrative purposes under the jurisdiction of an interim committee and another interim committee has a justification to seek jurisdiction and petitions the legislative council, the legislative council may assign that entity to the interim committee seeking jurisdiction unless otherwise provided by law.
History: En. Sec. 10, Ch. 431, L. 1973; R.C.M. 1947, 43-718; amd. Sec. 1, Ch. 138, L. 1979; amd. Sec. 1, Ch. 353, L. 1981; amd. Sec. 19, Ch. 19, L. 1999; amd. Sec. 5, Ch. 210, L. 2001; amd. Sec. 1, Ch. 565, L. 2003; amd. Sec. 2, Ch. 285, L. 2009; amd. Sec. 1, Ch. 92, L. 2011; amd. Sec. 1, Ch. 122, L. 2015; amd. Sec. 2, Ch. 167, L. 2017; amd. Sec. 2, Ch. 163, L. 2019.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 2. Organization -- Interim Committees › 5-5-212. Implied resignation of member -- vacancies

5-5-212. Implied resignation of member -- vacancies.
If an interim committee member misses more than two committee meetings or hearings without just cause when the legislature is not in session, the member is considered to have resigned and the vacancy must be filled in the same manner as the original appointment. Any other vacancy must be filled in the same manner.
History: En. 43-716 by Sec. 8, Ch. 431, L. 1973; amd. Sec. 1, Ch. 44, L. 1974; amd Sec. 15, Ch. 309, L. 1977; R.C.M. 1947, 43-716(6); amd. Sec. 21, Ch. 19, L. 1999.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 2. Organization -- Interim Committees › 5-5-213. Officers of interim committees

5-5-213. Officers of interim committees.
Each interim committee shall elect its presiding officer and vice presiding officer from among its members. The officers may not be members of the same political party.
History: En. 43-716 by Sec. 8, Ch. 431, L. 1973; amd. Sec. 1, Ch. 44, L. 1974; amd Sec. 15, Ch. 309, L. 1977; R.C.M. 1947, 43-716(2); amd. Sec. 22, Ch. 19, L. 1999.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 2. Organization -- Interim Committees › 5-5-214. Interim activity

5-5-214. Interim activity.
The interim committees shall perform their functions when the legislature is not in session. The personnel, data, and facilities of the legislative services division and other appropriate legislative entities must be made available to the interim committees.
History: En. 43-716 by Sec. 8, Ch. 431, L. 1973; amd. Sec. 1, Ch. 44, L. 1974; amd Sec. 15, Ch. 309, L. 1977; R.C.M. 1947, 43-716(3); amd. Sec. 20, Ch. 42, L. 1997; amd. Sec. 23, Ch. 19, L. 1999.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 2. Organization -- Interim Committees › 5-5-215. Duties of interim committees

5-5-215. Duties of interim committees.
(1) Each interim committee shall:
(a) review administrative rules within its jurisdiction;
(b) subject to 5-5-217(3), conduct interim studies as assigned;
(c) monitor the operation of assigned executive branch agencies with specific attention to the following:
(i) identification of issues likely to require future legislative attention;
(ii) opportunities to improve existing law through the analysis of problems experienced with the application of the law by an agency; and
(iii) experiences of the state's citizens with the operation of an agency that may be amenable to improvement through legislative action;
(d) review, if requested by any member of the interim committee, the statutorily established advisory councils and required reports of assigned agencies to make recommendations to the next legislature on retention or elimination of any advisory council or required reports pursuant to 5-11-210;
(e) review proposed legislation of assigned agencies or entities as provided in the joint legislative rules;
(f) accumulate, compile, analyze, and furnish information bearing upon its assignment and relevant to existing or prospective legislation as it determines, on its own initiative, to be pertinent to the adequate completion of its work; and
(g) review proposed statewide initiatives as defined in 13-27-110 within the interim committee's subject area and vote to either support or not support the placement of the text of the proposed statewide initiative on the ballot in accordance with 13-27-228.
(2) Each interim committee shall prepare bills and resolutions that, in its opinion, the welfare of the state may require for presentation to the next regular session of the legislature. An interim committee may by vote request four bill drafts on a partisan basis and an unlimited number of bill drafts on a bipartisan basis.
(3) The legislative services division shall keep accurate records of the activities and proceedings of each interim committee.
(4) As used in this section:
(a) "bipartisan basis" means a vote in which members from more than one party vote to request a bill draft; and
(b) "partisan basis" means a vote in which members from only one party vote to request a bill draft.
History: En. 43-716 by Sec. 8, Ch. 431, L. 1973; amd. Sec. 1, Ch. 44, L. 1974; amd Sec. 15, Ch. 309, L. 1977; R.C.M. 1947, 43-716(4); amd. Sec. 15, Ch. 545, L. 1995; amd. Sec. 24, Ch. 19, L. 1999; amd. Sec. 7, Ch. 210, L. 2001; amd. Sec. 1, Ch. 126, L. 2011; amd. Sec. 1, Ch. 123, L. 2017; amd. Sec. 2, Ch. 554, L. 2021; amd. Sec. 2, Ch. 432, L. 2023; amd. Sec. 17, Ch. 647, L. 2023.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 2. Organization -- Interim Committees › 5-5-216. Recommendations of committees

5-5-216. Recommendations of committees.
An interim committee or a statutory committee making a study designated by the legislative council may make recommendations for legislation. These recommendations and a report, if one is written, must be submitted to the legislature as provided in 5-11-210.
History: En. 43-716 by Sec. 8, Ch. 431, L. 1973; amd. Sec. 1, Ch. 44, L. 1974; amd Sec. 15, Ch. 309, L. 1977; R.C.M. 1947, 43-716(5); amd. Sec. 2, Ch. 596, L. 1979; amd. Sec. 15, Ch. 112, L. 1991; amd. Sec. 8, Ch. 210, L. 2001.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 2. Organization -- Interim Committees › 5-5-217. Selection and assignment of interim studies

5-5-217. Selection and assignment of interim studies.
(1) Immediately following adjournment sine die, the legislative services division shall prepare a list of study requests adopted. A copy of the list must be distributed to each legislator with a request that the legislator rank the study requests in the order of importance that the legislator ascribes to them. The lists, with the priorities assigned, must be returned to the legislative services division.
(2) The legislative council shall review the priority lists returned by legislators, review estimated costs and staff assistance associated with the requested studies, and designate those studies to be assigned. In designating studies, the legislative council may combine requests as one study when the subject matter of those requests is closely related. The legislative council shall designate the interim committees and statutory committees to be assigned the studies and shall assign related studies to the same committee.
(3) The legislative services division shall inform the interim committees and statutory committees of those studies that have been selected and to which interim committee or statutory committee each study has been assigned. An interim committee or a statutory committee may recommend to the legislative council that an interim study assigned to that committee should be reassigned to another interim committee or statutory committee or should not be conducted. The legislative council may adopt, reject, or modify the interim committee recommendation.
History: En. Sec. 4, Ch. 596, L. 1979; amd. Sec. 3, Ch. 353, L. 1981; amd. Sec. 21, Ch. 42, L. 1997; amd. Sec. 9, Ch. 210, L. 2001.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 2. Organization -- Interim Committees › 5-5-221. Repealed

5-5-221. Repealed.
Sec. 5, Ch. 596, L. 1979.
History: En. 43-717 by Sec. 9, Ch. 431, L. 1973; amd. Sec. 16, Ch. 309, L. 1977; R.C.M. 1947, 43-717(1), (2).
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 2. Organization -- Interim Committees › 5-5-222. Repealed

5-5-222. Repealed.
Sec. 5, Ch. 596, L. 1979.
History: En. 43-717 by Sec. 9, Ch. 431, L. 1973; amd. Sec. 16, Ch. 309, L. 1977; R.C.M. 1947, 43-717(3).
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 2. Organization -- Interim Committees › 5-5-223. Economic affairs interim committee

5-5-223. Economic affairs interim committee.
(1) The economic affairs interim committee has administrative rule review, draft legislation review, program evaluation, and monitoring functions for the following executive branch agencies and the entities attached to agencies for administrative purposes:
(a) department of agriculture;
(b) department of commerce;
(c) department of labor and industry;
(d) department of livestock;
(e) office of the state auditor and insurance commissioner;
(f) office of economic development;
(g) the state compensation insurance fund provided for in 39-71-2313, including the board of directors of the state compensation insurance fund established in 2-15-1019;
(h) the division of banking and financial institutions provided for in 32-1-211; and
(i) the divisions of the department of revenue that administer the Montana Alcoholic Beverage Code and the Montana Marijuana Regulation and Taxation Act.
(2) The state compensation insurance fund shall annually provide to the committee a report in accordance with 5-11-210 on its budget as approved by the state compensation insurance fund board of directors.
History: En. Sec. 25, Ch. 19, L. 1999; amd. Sec. 10, Ch. 210, L. 2001; amd. Sec. 19, Ch. 483, L. 2001; amd. Sec. 6, Ch. 489, L. 2001; amd. Sec. 2, Ch. 565, L. 2003; amd. Sec. 1, Ch. 91, L. 2011; amd. Sec. 1, Ch. 19, L. 2013; amd. Sec. 1, Ch. 333, L. 2015; amd. Sec. 1, Ch. 4, L. 2017; amd. Sec. 18, Ch. 261, L. 2021; amd. Sec. 24, Ch. 576, L. 2021.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 2. Organization -- Interim Committees › 5-5-224. Education interim committee

5-5-224. Education interim committee.
The education interim committee has administrative rule review, draft legislation review, program evaluation, and monitoring functions for the following executive branch agencies and the entities attached to agencies for administrative purposes:
(1) state board of education;
(2) board of public education;
(3) board of regents of higher education; and
(4) office of public instruction.
History: En. Sec. 26, Ch. 19, L. 1999; amd. Sec. 11, Ch. 210, L. 2001; amd. Sec. 4, Ch. 167, L. 2017; amd. Sec. 1, Ch. 10, L. 2021; amd. Sec. 19, Ch. 261, L. 2021.