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MT HB30
Bill
Status
5/22/2025
Primary Sponsor
Lee Deming
Click for details
AI Summary
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Requires challengers to demonstrate a state legislative act is unconstitutional "beyond a reasonable doubt" — the highest standard of proof — before Montana courts can strike it down
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Creates a strong presumption in favor of upholding laws passed by the legislature, shifting significant burden to those challenging constitutionality
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Amends Section 3-2-701, MCA, which governs the Montana Supreme Court's power over court rules and procedures
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Includes an exception allowing different standards of review when the state constitution explicitly mandates them
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Introduced by L. Deming at the request of the Senate Select Committee on Judicial Oversight and Reform during the 69th Legislature (2025)
Legislative Description
Requiring the Supreme Court to apply a burden of proof for challenge to constitutionality of legislative act
Legislature
Last Action
(H) Died in Process
5/22/2025