Montana legislation · 2025 Regular Session
Montana SB476: Defining separation of powers
Status: Failed, May 23, 2025
What the bill says
A bill for an act entitled: "an act generally revising and codifying laws regarding the separation of powers doctrine; defining the powers of the legislative branch; defining the powers of the executive branch; defining the powers of the judicial branch; defining the powers of the board of regents of higher education and the board of public education; amending sections 2-15-1505 and 2-15-1507, mca; and providing an immediate effective date.".
From the engrossed text:
A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING AND CODIFYING LAWS REGARDING THE SEPARATION OF POWERS DOCTRINE; DEFINING THE POWERS OF THE LEGISLATIVE BRANCH; DEFINING THE POWERS OF THE EXECUTIVE BRANCH; DEFINING THE POWERS OF THE JUDICIAL BRANCH; DEFINING THE POWERS OF THE BOARD OF REGENTS OF HIGHER EDUCATION AND THE BOARD OF PUBLIC EDUCATION; AMENDING SECTIONS 2-15-1505 AND 2-15-1507, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: NEW SECTION. Section 1. Separation of powers doctrine -- government powers generally -- limits. (1) The powers of the executive branch and judicial branch are limited to those enumerated in the Montana constitution and granted by law. (2) The legislature may not enact a law that is contrary to the constitution or exercise executive branch powers provided for in [section 3] or judicial branch powers provided for in [section 4]. (3) The executive branch may not exercise legislative branch powers provided for in [section 2] or judicial branch powers provided for in [section 4]. (4) The judicial branch may (b) amend the effective date of an act of the legislature before the law becomes effective; (c) declare a law unenforceable as applied toward anyone other than the parties involved in a case or controversy; or (d) exercise executive branch powers …
Sponsors
- Emrich, Daniel (R, 11) · primary sponsor
Latest actions
- : (S) Died in Process
- : (S) Missed Deadline for General Bill Transmittal
- : (S) 2nd Reading Indefinitely Postponed
- : (S) 2nd Reading
- : (S) 2nd Reading Motion to Amend
- : (S) Scheduled for 2nd Reading
- : (S) Committee Report
- : (S) Committee Executive Action
- : (S) Hearing
- : (S) Referred to Committee
Votes
- Indefinitely Postpone -McGillvray (March 5, 2025): 28 yea, 22 nay, passed
- Do Pass (March 5, 2025): 23 yea, 27 nay, failed
- AMD-SB0476.001.001 Olsen D/PASS (March 5, 2025): 19 yea, 31 nay, failed
Subjects: Judges and Justices, Courts, Legislature, Public Officers and Employees, Education - K-12, Colleges
Common questions
- What is SB476?
- SB476 is a bill in the Montana Legislature (2025 Regular Session): Defining separation of powers.
- What does SB476 do?
- In its own words: A bill for an act entitled: "an act generally revising and codifying laws regarding the separation of powers doctrine; defining the powers of the legislative branch; defining the powers of the executive branch; defining the powers of the judicial branch; defining the powers of the board of regents of higher education and the board of public education; amending sections 2-15-1505 and 2-15-1507, mca; and providing an immediate effective date.".
- What is the status of SB476?
- Failed as of May 23, 2025. Latest action: (S) Died in Process (May 23, 2025).
- Who sponsored SB476?
- Emrich, Daniel (R, 11).
- Where is the official record for SB476?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC0049
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.