Title 5, Title 5

When the legislature is in session, a majority of the members may by a written request call a special session to meet at a specified time.

(1) When the legislature is not in session, any 30 members may in writing request the secretary of state to poll the legislators to determine if a majority are in favor of a special session. (2) The request must include: (a) the conditions warranting the call of a special session…

(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 sessio…

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.

(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 sp…

The enacting clause of every law shall be as follows: "Be it enacted by the Legislature of the State of Montana:".

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the people must have a title of no more than 100 words, exclusive of section numbers of any statutes being amended or repealed.

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.

(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 …

(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: …

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 e…

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; o…

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 ad…

(1) A completed fiscal note must be submitted by the budget director to the presiding officer who requested it. Upon receipt of the completed fiscal note, the presiding officer shall notify the sponsor of the bill for which the fiscal note was prepared that the fiscal note has be…

(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 …

The budget director shall make available on request to any member of the legislature all background information used in developing a fiscal note.

(1) Except for the general appropriations act and any bill exempted by the legislature, for each bill with an estimated expenditure amount of over $500,000 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 …

(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 1-2-11…

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 sig…

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.

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 …

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 proce…

(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 …

(1) (a) 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 either the chief…

(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 i…

The governor shall transmit one copy of each veto message to the legislative services division.

(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 subj…

(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 …

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.

(1) If a witness neglects or refuses to obey a subpoena or, appearing, neglects or refuses to testify 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, the senate…

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…