Bill
LC 3788
Overview: Bill Number: LC 3788, Title: Revise code commissioner duties to include repealing unconstitutional policies from Montana code, Status: (LC) Draft Delivered to Requester,
Overview: Bill Number: LC 3788, Title: Revise code commissioner duties to include repealing unconstitutional policies from Montana code, Status: (LC) Draft Delivered to Requester, Introduced: December 14, 2024, Classification: bill, Subject: Courts (see also: Judges and Justices; Juries and Jurors), LEGISLATURE
Purpose and Intent: The purpose of this bill is to expand the duties of the Montana Code Commissioner to include the identification and repeal of unconstitutional policies and provisions from the state's legal code. The intent is to ensure that the state's laws and regulations are aligned with the U.S. and Montana constitutions.
Key Provisions:
- Adds a new responsibility for the Code Commissioner to review the Montana code and identify any policies or provisions that are unconstitutional or in conflict with state or federal law
- Requires the Code Commissioner to propose legislation to repeal or amend the identified unconstitutional policies
- Establishes a timeline for the Code Commissioner to complete the initial review and submit recommendations to the legislature
- Provides the Code Commissioner with the authority to interpret the constitutionality of code provisions and make determinations on their validity
Affected Parties and Impacts: This bill would primarily impact the Montana Code Commissioner, who would be tasked with the additional responsibility of reviewing the state's legal code and proposing changes to address unconstitutional policies. The legislature would also be affected, as they would be required to consider and act on the Code Commissioner's recommendations. The general public may benefit from having a legal code that is aligned with constitutional principles.
Procedural and Timeline Considerations: The bill is currently in the draft stage and has been delivered to the requester. If introduced and passed, the Code Commissioner would need to complete the initial review and submit recommendations to the legislature within the specified timeline.
Compiled from official sources — confirm details with the bill’s official record.
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