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The Legislator's Handbook

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The Legislator's Handbook LEG.MT.GOV Montana State Legislature The Legislator’s Handbook November 2018 Published by. Address. Phone. Montana Legislative PO Box 201706 Phone 406.444.3064 Services Division Helena, MT 59620-1706 Table of Contents Chapter One: Introduction 1 Chapter Two: Government in Action 3 Introduction 4 Three Branches of State Government 4 Federal Government 7 Tribal Governments 7 Local Governments 9 Chapter Three: Organization and Services of the Legislative Branch 11 Introduction 12 Senate 12 House of Representatives 15 Legislative Council 18 Legislative Services Division 18 Legislative Audit Committee 21 Legislative Audit Division 21 Legislative Finance Committee 23 Legislative Fiscal Division 24 Consumer Counsel 25 Chapter Four: Legislators 27 Introduction 28 Representation 28 Qualifications 29 Privileges 30 Duties 31 Accountability 33 Chapter Five: Organizing the Montana Legislature 35 Introduction 36 Election of Members 36 Legislative Sessions 36 Caucuses 37 Presession Organization 38 Convening the Senate 39 Convening the House of Representatives 39 Chapter Six: Legislative Procedures 41 Introduction 42 Montana Constitution 42 Montana Statutes 45 Rules of the Montana Legislature 45 Tradition 46 Mason’s Manual of Legislative Procedure 46 Committee Procedural Rules 47 Interpretation by the Judicial Branch 47 Attorney General’s Opinions 48 Learning the Rules: Tips and Concepts 49 Chapter Seven: Making Public Policy Through Bills and Resolutions 51 Introduction 52 Overview of Bills and Resolutions 52 Requirements for Bills: Tips for Legislators 53 The Drafting Process: From Idea to Introduction 54 Request to Introduction: Step-by-Step 58 How a Bill Becomes a Law 59 The Appropriation Process 65 How to Read a Bill 67 Information About Bills: Fiscal Notes and Other Statements 69 Codification and Publication of Laws 71 Chapter Eight: Standing Committees 73 Introduction 74 Role of Committees 74 Standing Committees of the Montana Legislature 74 Roles of Officers and Staff 76 Rules of Procedure 78 Committee Meetings 79 Hearings 79 Executive Action on Bills 81 Committee Action and Recommendation 82 Other Committee Activities 82 Committee Reports and Minutes 85 Chapter Nine: Floor Sessions of the Senate and House of Representatives 87 Introduction 88 Senate Floor Sessions 88 House of Representatives Floor Sessions 91 Journals 95 Chapter Ten: Participants in the Process 97 Introduction 98 Influence and Information 98 Citizens 99 Lobbyists 99 Executive Branch Employees 100 News Media 100 Bringing the Legislature to the Citizen: MPAN 102 Chapter Eleven: Getting Paid and Other Important Details 105 Introduction 106 Compensation and Benefits 106 Administrative Nuts and Bolts 110 Chapter Twelve: Interim Activities 113 Introduction 114 Interim Committees 114 Interim Studies 116 Information Requests 117 Chapter Thirteen: Information Centers 119 Introduction 120 Office of Legislative Information Services 120 Session Information Desk 120 Legislative Branch Website(http://leg.mt.gov/) 121 Legislative Reference Center 122 Montana State Library 123 State Law Library 123 Montana Historical Society Research Center 124 Census and Economic Information Center 124 Appendix A: Resources 125 General Resources 126 Supplemental Resources by Chapter 127 Appendix B: Glossary of Commonly Used Terms 135 Appendix C: Acronyms 141 Appendix D: Colors for Printing of Bills, Resolutions, and Notes 145 Index 147 Chapter One: Introduction Montana State Legislature State Montana 1 A Legislator’s Handbook 2019 presents information of value to new legislators and veteran legislators as they prepare for and participate in the regular session of the 66th Legislature. The handbook provides general information to create a foundation for understanding how the Montana Legislature works. It is not a comprehensive digest of statutes, rules, or other applicable provisions. Exceptions to general requirements and provisions that are not often implemented are not generally noted. Legislators are advised to consult the actual laws and rules to determine specific requirements. This is easily done using the indexes that are published with the Montana Code Annotated (MCA) and the Rules of the Montana Legislature. Much of the information presented in this handbook is based on the rules that were adopted for the 65th Legislature. New rules will be adopted for the 66th Legislature and may be different from those rules. Legislators are advised to review the resolutions containing the rules for the 66th Legislature. Proposed revisions in the introduced resolutions are indicated by stricken and underlined text; consequently, changes to the rules are easily identified. This handbook represents the “tip of the iceberg” with respect to informational resources that are available to legislators. Appendix A presents general resources as well as supplemental resources for various chapters of the handbook. Some of the terms and acronyms used in this handbook may be unfamiliar to the reader. Appendix B contains a glossary of commonly used terms and Appendix C contains a guide to acronyms. The Legislator’s Handbook The Legislator’s 2 Chapter Two: Government in Action Montana State Legislature State Montana 3 Introduction This chapter describes and discusses the authority of the three branches of state government, the federal government, Indian tribes, and local governments. Three Branches of State Government The Montana Constitution provides for three distinct branches of state government. The three branches of government and their general functions are: • the Legislative Branch, which sets public policy through laws and appropriations; • the Executive Branch, which implements and administers laws; and • the Judicial Branch, which settles disputes arising from the interpretation or application of laws. The constitution prohibits one branch from exercising the power of the other branches, except when the constitution expressly directs or permits this exercise of power. This concept is referred to as “separation of powers”. The application of this important constitutional provision may not be as clear as this simplistic summary indicates. For example, the Legislature may delegate rulemaking authority to state agencies. Once adopted, these rules have the force of law. This delegation of power is valid, if the Legislature provides sufficient statutory standards and criteria to guide an agency. Delegation of rulemaking authority without sufficient guidelines is an unlawful delegation of power. Legislative Branch The Legislature is a body of elected persons with the power to enact laws, levy taxes, and appropriate money. The Montana Legislature is bicameral and composed of 50 senators and 100 representatives. The Senate confirms appointments made by the Governor, such as the appointment of agency directors. Montana is one of four states whose legislatures meet biennially, all of the others meet every year. Montana is also one of the states whose legislators are term-limited. Implemented in 1993, legislators may serve only eight years in each chamber. Nevada is the only other state that is both biennial and has term limits. The Montana Legislature is a “citizen” legislature because it meets part-time and most The Legislator’s Handbook The Legislator’s legislators have full-time jobs or are self-employed or retired. The permanent presence of the 4 legislature is in 4 divisions, each administered by a legislative committee. The divisions are the Legislative Services Division, administered by the Legislative Council, the Legislative Fiscal Division, administered by the Legislative Finance Committee, the Legislative Audit Division, administered by the Legislative Audit Committee and the Consumer Counsel, administered by the Consumer Committee. More on these staff divisions and their legislative committees is in Chapter 3. There are limits on the power of the Legislature. The Legislature may not exercise the powers of the other branches of state government. For example, the Legislature generally may not interfere with the Executive Branch in the purely administrative aspects of carrying out the law. Legislative power and responsibility also may not be abdicated to private organizations or to the federal government. The Legislature has impeachment powers, although rarely used. The House of Representatives may accuse certain officials of felonies, misdemeanors, or malfeasance in office. The Senate may try and convict these officials and require officials be suspended or removed from office. Executive Branch The Executive Branch includes elected officials and agencies under the jurisdiction of these officials. Article VI, section 7, of the Montana Constitution provides for no more than 20 principal departments, and Article X, section 9, provides for the 3 boards of education. Elected officials and the agencies under their jurisdiction are described below. • Governor. There are 14 principal departments established in state law whose heads are appointed by the Governor. There are three boards established in the Montana Constitution under the authority of the Governor, which include the board of education composed of the board of regents of higher education and the board of public education. There are numerous additional boards, councils, commissions, and other entities established by law. These are attached to a department or board for administrative purposes. • Lieutenant Governor. • Secretary of State. • Attorney General. The Attorney General is the head of the Department of Justice. • State Auditor. The State Auditor
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