Montana legislation · 2025 Regular Session
Montana SB352: Extend legislative immunity to legislative staff
Status: Failed, May 23, 2025
What the bill says
A bill for an act entitled: "an act extending legislative immunity to legislative staff for information that is considered privileged when held by a legislator; amending sections 2-9-101 and 2-9-901, mca; and providing an immediate effective date.".
From the engrossed text:
A BILL FOR AN ACT ENTITLED: "AN ACT EXTENDING LEGISLATIVE IMMUNITY TO LEGISLATIVE STAFF FOR INFORMATION THAT IS CONSIDERED PRIVILEGED WHEN HELD BY A LEGISLATOR; AMENDING SECTIONS 2-9-101 AND 2-9-901, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE." WHEREAS, Article V, section 8, of the Montana Constitution contains a speech and debate clause virtually identical to Article I, section 6, of the Constitution of the United States, the federal speech and debate clause; and WHEREAS, in the case of United States v. Johnson, 383 U.S. 169, 178 (1966), the United States Supreme Court determined that the federal speech and debate clause had origins going back to the English Bill of Rights of 1689, which reasoned that "the Freedom of Speech, and Debates or Proceedings in Parliament, ought not to be impeached or questioned in any Court or Place out of Parliament"; and WHEREAS, in the case of Gravel v. United States, 408 U.S. 606 (1972), the United States Supreme Court held that the speech and debate clause in the Constitution of the United States makes the communications between members of Congress and their staff privileged and confidential; and WHEREAS, the United States Supreme Court explained its reasoning in the Gravel case as follows: "The day-to-day work of [legislative] aides is so critical to the Members' performance that they must be treated …
Sponsors
- Regier, Matt (R, 5) · primary sponsor
Latest actions
- : (S) Died in Process
- : (S) Missed Deadline for General Bill Transmittal
- : (S) 2nd Reading Indefinitely Postponed
- : (S) 2nd Reading
- : (S) Scheduled for 2nd Reading
- : (S) Committee Report
- : (S) Committee Executive Action
- : (S) Hearing
- : (S) Referred to Committee
- : (S) 1st Reading
Votes
- Indefinitely Postpone -McGillvray (March 5, 2025): 26 yea, 24 nay, passed
- Do Pass (March 5, 2025): 24 yea, 26 nay, failed
Subjects: Courts, Legislature, Immunity From Suit--Government, Evidence, Civil Procedure
Common questions
- What is SB352?
- SB352 is a bill in the Montana Legislature (2025 Regular Session): Extend legislative immunity to legislative staff.
- What does SB352 do?
- In its own words: A bill for an act entitled: "an act extending legislative immunity to legislative staff for information that is considered privileged when held by a legislator; amending sections 2-9-101 and 2-9-901, mca; and providing an immediate effective date.".
- What is the status of SB352?
- Failed as of May 23, 2025. Latest action: (S) Died in Process (May 23, 2025).
- Who sponsored SB352?
- Regier, Matt (R, 5).
- Where is the official record for SB352?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC2163
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.