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Bill

HB 674

Revise code commissioner duties to include repealing unconstitutional policies from Montana code

2025 Regular Session Introduced by Zooey Zephyr

Expands code commissioner duties to identify and recommend repealing laws deemed unconstitutional, but bill died in Senate committee without passage.

(S) Died in Standing Committee
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Bill Summary · HB 674

Legislative bill overview

HB 674 would expand the duties of Montana's code commissioner to include identifying and recommending the repeal of laws deemed unconstitutional. The bill died in the Senate Standing Committee after multiple failed motions and was ultimately tabled without passage.

Why is this important

This bill addresses the question of who determines whether existing laws violate constitutional protections and how proactively the state addresses potentially unconstitutional statutes. The outcome affects whether executive branch officials gain expanded authority to challenge legislative enactments and whether Montana's legal code is regularly audited for constitutional compliance.

Potential points of contention

  • Separation of powers: Assigning the code commissioner (executive branch) the duty to identify unconstitutional laws traditionally falls within judicial review jurisdiction, potentially concentrating constitutional interpretation authority outside the courts
  • Vagueness on standards: The bill lacks specific criteria for what constitutes "unconstitutional," creating ambiguity about which laws would be targeted and opening the process to subjective interpretation
  • Legislative prerogative: Lawmakers may resist delegating authority to executive officials to question the constitutionality of laws they enacted, viewing it as undermining legislative independence

Compiled from official sources — confirm details with the bill’s official record.

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