Title 5, Title 5

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 …

(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…

(1) Either house of the legislature, a committee of either house, a committee established under legislative rules, a statutory committee, or an interim committee with power to issue a subpoena under 5-5-107 or 5-11-107 may commit a witness that fails to appear or a person that fa…

The members of any committee may administer oaths to witnesses in any matter under examination.

(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 c…

(1) Senate interim committee members must be appointed by the committee on committees. (2) House interim committee members must be appointed by the speaker of the house. (3) Appointments to interim committees must be made by the time of adjournment of the legislative session. (4)…

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…

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.

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.

(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 …

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.

(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 t…

(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 agric…

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) …

The children, families, health, and human services interim committee has administrative rule review, draft legislation review, program evaluation, and monitoring functions for the department of public health and human services and the entities attached to the department for admin…

The law and justice interim committee has administrative rule review, draft legislation review, program evaluation, and monitoring functions for the office of state public defender, the department of corrections, the department of justice except for the motor vehicle division pur…

(1) The revenue interim committee has administrative rule review, draft legislation review, program evaluation, and monitoring functions for the Montana tax appeal board established in 2-15-1015 and for the department of revenue and the entities attached to the department for adm…

(1) The state administration and veterans' affairs interim committee has administrative rule review, draft legislation review, program evaluation, and monitoring functions for the public employee retirement plans and for the following executive branch agencies and, unless otherwi…

(1) There is a state-tribal relations committee. Except as provided in subsection (2), the committee is treated as an interim committee for the purposes of 5-5-211 through 5-5-214. The committee shall: (a) act as a liaison with tribal governments; (b) encourage state-tribal and l…

The energy and technology interim committee has administrative rule review, draft legislation review, program evaluation, and monitoring functions for the department of public service regulation and the public service commission.

(1) There is a water policy interim committee. The committee shall: (a) determine which water policy issues it examines; (b) conduct interim studies as assigned pursuant to 5-5-217; (c) subject to the provisions of 5-5-202(4), coordinate with the environmental quality council and…

There is a local government interim committee. The committee is treated as an interim committee for the purposes of 5-5-211 through 5-5-214. The local government interim committee shall: (1) act as a liaison with local governments; (2) promote and strengthen local government thro…

The transportation interim committee has administrative rule review, draft legislation review, program evaluation, and monitoring functions for the department of transportation, the motor vehicle division of the department of justice, and the entities attached to the department o…

(1) (a) Whenever a legislative appointing authority is required or authorized to appoint more than one legislative member of the majority party to a committee, subcommittee, or other statutorily recognized or authorized entity, the appointing authority may appoint a member of a p…

(1) (a) There is a Montana criminal justice oversight council. The council consists of 18 members as follows: (i) two members of the house of representatives, one selected by the speaker of the house and one selected by the house minority leader; and (ii) two members of the senat…

Within 10 days after the convening of the legislature, the governor shall transmit to the legislature a list of all appointments made by the governor under the provisions of 2-16-506 during the recess of the legislature.

Nominations made by the governor to the senate must be in writing, designating the residence of the nominee and the office for which the person is nominated.

Whenever the senate concurs in a nomination, its secretary must immediately deliver a copy of the resolution of concurrence, certified by the president and secretary, to the secretary of state and another copy, certified by the secretary, to the governor.

The governor, executive officers, heads of state departments, and judicial officers are liable to impeachment for felonies and misdemeanors or malfeasance in office.

The sole power of impeachment vests in the house of representatives, the concurrence of two-thirds of all the members being necessary to the exercise thereof.

(1) Impeachment shall be tried by the senate, the court of impeachment, sitting for that purpose. The senators shall be upon oath or affirmation to do justice according to law and evidence. (2) The court has jurisdiction to try impeachments presented by the house of representativ…

(1) The officers of the senate are officers of the court. (2) When the governor or lieutenant governor is on trial, the chief justice of the supreme court shall preside.

A subpoena issued by the senate during an impeachment proceeding has the same force and effect as a subpoena from a district court in a criminal action.

(1) All impeachments must be by resolution originated in and adopted by the house of representatives. The resolution shall be conducted through the house by managers elected by the house. (2) The managers shall prepare articles of impeachment, present them at the bar of the senat…

When an officer is impeached by the house of representatives, the articles of impeachment must be delivered to the president of the senate.

(1) Whenever articles of impeachment against any officer subject to impeachment are presented to the senate, the officer is temporarily suspended from office and cannot act in an official capacity until the officer is acquitted. (2) Upon suspension of any officer other than the g…

(1) The senate must assign a day for the hearing of the impeachment and inform the house of representatives thereof. (2) The president of the senate must cause a copy of the articles of impeachment, with a notice to appear and answer the same at the time and place appointed, to b…

The service must be made upon the defendant personally, or if the defendant cannot upon diligent inquiry be found within the state, the senate, upon proof of that fact, may order publication to be made, in the manner that it considers proper, of a notice requiring the defendant t…

(1) At the time and place appointed and before the senate proceeds to act on the impeachment, the secretary must administer to the president of the senate, and the president of the senate to each of the members of the senate then present, an oath truly and impartially to hear, tr…

If the defendant does not appear, the senate, upon proof of service or publication as provided in 5-5-414 and 5-5-415, may of its own motion or for cause shown assign another day for hearing the impeachment or may proceed in the absence of the defendant to trial and judgment.

(1) If the defendant appears and is unable to procure the assistance of counsel, it is the duty of the president of the senate to appoint some suitable person to assist the defendant in a defense. (2) If the defendant is served by publication and fails to appear, it is the duty o…

When the defendant appears, the defendant may object, in writing, to the sufficiency of the articles of impeachment or may answer the articles by an oral plea of not guilty. The plea must be entered upon the journal and must put in issue every material allegation of the articles …

If the objection to the sufficiency of the articles of impeachment is not sustained by a majority of the members of the senate, the defendant must be ordered to immediately answer the articles of impeachment. If the defendant pleads guilty, the senate shall render judgment of con…

The defendant cannot be convicted on impeachment without the concurrence of two-thirds of the members elected, voting by ayes and noes. If two-thirds of the members elected do not concur in a conviction, the defendant must be acquitted.

After conviction the senate must, at such time as it may appoint, pronounce judgment in the form of a resolution entered upon the journals of the senate.

On the adoption of the resolution by a majority of the members present who voted on the question of acquittal or conviction, it becomes the judgment of the senate.