Montana SB97: Revise venue laws for cases challenging constitutionality of recent laws

What the bill says

An act revising venue laws for cases in which parties challenge recently enacted law; providing that venue is proper in a county wholly or partially within the legislative district of the primary sponsor of the challenged law; requiring change of venue to a county wholly or partially within the legislative district of the primary sponsor of the challenged law when a party pleads that a recently enacted law is unconstitutional; providing definitions; and amending sections 25-2118, 25-2-125, 25-2-126, and 25-2-201, mca.

From the engrossed text:

AN ACT REVISING VENUE LAWS FOR CASES IN WHICH PARTIES CHALLENGE RECENTLY ENACTED LAW; PROVIDING THAT VENUE IS PROPER IN A COUNTY WHOLLY OR PARTIALLY WITHIN THE LEGISLATIVE DISTRICT OF THE PRIMARY SPONSOR OF THE CHALLENGED LAW; REQUIRING CHANGE OF VENUE TO A COUNTY WHOLLY OR PARTIALLY WITHIN THE LEGISLATIVE DISTRICT OF THE PRIMARY SPONSOR OF THE CHALLENGED LAW WHEN A PARTY PLEADS THAT A RECENTLY ENACTED LAW IS UNCONSTITUTIONAL; PROVIDING DEFINITIONS; AND AMENDING SECTIONS 25-2118, 25-2-125, 25-2-126, AND 25-2-201, MCA. Section 1. Challenge to recently enacted law. (1) The proper place of trial for an action that challenges a statute or session law enacted or amended within the legislative biennium is in a county that is wholly or partially within the legislative district of the primary sponsor of the bill that enacted or amended the statute or session law. (2) As used in this section, the following definitions apply: (a) "Challenge" means: (i) to plead that a statute or session law is unconstitutional under a provision of the state or federal constitution; or (ii) to seek an injunction against the execution of a statute. (b) "Legislative biennium" means a 2-year period beginning on the first Monday of January of an odd-numbered year and ending the day before the first Monday of January of the next odd-numbered year. Section 2. …

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Sponsors

• Fuller, John (R, 4) · primary sponsor