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MT HB30

Bill

Status

Failed

5/22/2025

Primary Sponsor

Lee Deming

Click for details

Origin

House of Representatives

2025 Regular Session

AI Summary

  • 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

  • Creates a strong presumption in favor of upholding laws passed by the legislature, shifting significant burden to those challenging constitutionality

  • Amends Section 3-2-701, MCA, which governs the Montana Supreme Court's power over court rules and procedures

  • Includes an exception allowing different standards of review when the state constitution explicitly mandates them

  • 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

Committee Referrals

Judiciary1/29/2025
Judiciary12/20/2024

Full Bill Text

No bill text available