Montana legislation · 2025 Regular Session
Montana HB30: Requiring the Supreme Court to apply a burden of proof for challenge to constitutionality of legislative act
Status: Failed, May 22, 2025
Requiring the Supreme Court to apply a burden of proof for challenge to constitutionality of legislative act
What the bill says
A bill for an act entitled: "an act establishing the burden of proof for a claim that a legislative act violates the montana constitution; and amending section 3-2-701, mca.".
From the engrossed text:
A BILL FOR AN ACT ENTITLED: "AN ACT ESTABLISHING THE BURDEN OF PROOF FOR A CLAIM THAT A LEGISLATIVE ACT VIOLATES THE MONTANA CONSTITUTION; AND AMENDING SECTION 3-2-701, MCA." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: Section 1. Section 3-2-701, MCA, is amended to read: "3-2-701. Power of court over rules -- deference to legislative acts. (1) The supreme court of this state shall have the power to may regulate the pleading, practice, and procedure, and the forms thereof of these, in civil actions in all courts of this state by rules promulgated by it the supreme court from time to time for the purpose of simplifying judicial proceedings in the courts of Montana and for promoting the speedy determination of litigation upon on its merits. Such rules shall may not abridge, enlarge, or modify the substantive rights of any litigant and shall may not be inconsistent with the constitution of the state of Montana. (2) Except in cases in which the state constitution explicitly mandates a different standard of review, if in a proceeding before a Montana court a party challenges a state legislative act as violative of the state constitution, the supreme court shall uphold the legislative act unless the challenger demonstrates that the legislative act is unconstitutional beyond a reasonable doubt." - END …
Sponsors
- Deming, Lee (R, 54) · primary sponsor
- Emrich, Daniel (R, 11)
Latest actions
- : (H) Died in Process
- : (S) 2nd Reading Indefinitely Postponed
- : (S) 2nd Reading
- : (S) Scheduled for 2nd Reading
- : (S) Committee Report
- : (S) Committee Executive Action
- : (S) Hearing
- : (S) Hearing Canceled
- : (S) Referred to Committee
- : (S) 1st Reading
Votes
- Indefinitely Postpone -McGillvray (February 15, 2025): 31 yea, 16 nay, passed
- Do Concur (February 15, 2025): 24 yea, 24 nay, failed
- Do Concur (February 15, 2025): 24 yea, 23 nay, passed
- Do Pass (January 28, 2025): 51 yea, 48 nay, passed
- Do Pass (January 27, 2025): 51 yea, 47 nay, passed
- ReconsAction -HB 30 move to second reading (January 24, 2025): 52 yea, 46 nay, passed
Subjects: Judges and Justices, Courts, Legislature
Common questions
- What is HB30?
- HB30 is a bill in the Montana Legislature (2025 Regular Session): Requiring the Supreme Court to apply a burden of proof for challenge to constitutionality of legislative act.
- What does HB30 do?
- In its own words: A bill for an act entitled: "an act establishing the burden of proof for a claim that a legislative act violates the montana constitution; and amending section 3-2-701, mca.".
- What is the status of HB30?
- Failed as of May 22, 2025. Latest action: (H) Died in Process (May 22, 2025).
- Who sponsored HB30?
- Deming, Lee (R, 54), with 1 co-sponsor.
- Where is the official record for HB30?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC0617
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.