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 Introduction One: Chapter

1 Montana State Legislature 2 The Legislator’s Handbook various chapters handbook. ofthe A presents general resources aswell resources assupplemental for informational resources thatare available to legislators. Appendix representsThis handbook iceberg” ofthe “tip the withrespect to text; consequently, changes to rulesare the easily identified. introducedthe resolutions are indicated by stricken underlined and containing rulesfor the 66thLegislature. the Proposed revisions in rules.Legislators those are to advised reviewfrom resolutions the will beadopted for 66thLegislature the may and bedifferent rulesthatwerethe adopted for 65thLegislature. the New rules Much information ofthe presented isbased inthishandbook on (MCA) MontanaLegislature. Rulesofthe the and indexes thatare MontanaCode withthe published Annotated requirements. Thisiseasilyto the using done determine specific noted. Legislators are to advised consult laws actual the rules and provisionsand thatare often not implemented are generally not applicableprovisions.or other Exceptions to general requirements Legislature works. acomprehensive Itisnot digestofstatutes, rules, acronyms. commonly usedterms Ccontains Appendix and aguideto be unfamiliar to reader. the of Bcontains Appendix aglossary terms ofthe Some acronyms and may usedinthis handbook create afoundation for understanding how Montana the The handbook provides handbook The general information to Legislature. participate regular inthe 66th sessionofthe veteran legislators asthey prepare for and information ofvalue to new legislators and A Legislator’s 2019 Handbook presents Government in Action Two: Chapter

3 Montana State Legislature 4 The Legislator’s Handbook legislators have jobsorare full-time self-employed orretired. permanent The presence ofthe Montana LegislatureThe isa“citizen” most and legislature part-time becauseitmeets hastermthat isbothbiennialand limits. 1993, legislators may serve onlyeightyears ineach chamber. Nevada state onlyother isthe year. states ofthe Montanaisalsoone legislators whose are term-limited. Implemented in offourMontana isone states legislatures whose biennially, meet others allofthe every meet ofagencyappointment directors. by made appointments 100 representatives. Governor, the Senate The such confirms as the appropriate money. Montana Legislature The isbicameral composed and of50senators and LegislatureThe isabodyofelected persons power withthe to laws, enact levy taxes, and Branch Legislative power. isanunlawful guidelines delegationof Delegation ofrulemaking authority sufficient without statutory standards criteria and Legislatureif the provides to guideanagency. sufficient Onceagencies. adopted, ruleshave these force the oflaw. Thisdelegationofpower isvalid, indicates.summary For example, Legislature the may delegate rulemaking authority to state constitutional provision applicationofthisimportant The may beasclear not asthissimplistic referred to as“separation ofpowers”. constitution the when expressly directs or permits thisexercise ofpower. Thisconcept is exercising constitutionThe prohibits power the branch one from branches, other ofthe except branches ofgovernment general their are: and functions MontanaConstitutionThe provides for three branches distinct ofstate government. three The Three Branches of StateGovernment federalthe government, tribes, Indian localgovernments. and This chapter describes authority discussesthe and three ofthe branches ofstate government, Introduction • • • • • • application oflaws. the the appropriations; the Judicial Branch Executive Branch Legislative Branch , which settles disputes arising from the interpretation the , which settles disputes or arising from , which administers and implements laws; and , which setspublicpolicy through laws and officials and the agencies under their jurisdiction their under are agencies the and described below. officials 9, X,section provides Article and principal departments, for 3boards the ofeducation.Elected VI, Article 7, section MontanaConstitution ofthe officials. provides for more no than20 ExecutiveThe jurisdiction the under ofthese agencies and Branch includes elected officials Branch Executive office. orremoved besuspended from require and officials convict and may officials these try Senate The offelonies, misdemeanors, ormalfeasance inoffice. may accuse officials certain LegislatureThe hasimpeachment powers, although rarely HouseofRepresentatives used.The federalthe government. Legislative power responsibility and alsomay beabdicated not to private organizations orto law. interfere Executive withthe Branch purely inthe administrative outthe ofcarrying aspects branches other of the ofstate government. For example, Legislature the generally may not There are power limitsonthe Legislature. ofthe Legislature The may exercise not powers the Chapter 3. Consumerthe Committee. More legislative their staffdivisionsand onthese committees isin administered by Legislative the Audit Committee Consumer the and Counsel, administered by Division, administered by Legislative the Finance Committee, Legislative the Audit Division, Legislativethe Division,administered Services by Legislative the Council, Legislative the Fiscal legislature isin4divisions,each administered by alegislative committee. divisionsare The • • • • • • • • • • • • • • department head Regulation. ofPublic Service fordepartment Department the Commission.Public Service Commission PublicService The asthe functions ofPublicInstruction. Office the supervises Superintendent Superintendent The ofPublicInstruction. ofPublicInstruction State Auditor. State The Auditor Commissioner serves asthe ofInsurance. Attorney General. Attorney The General ofJustice. head isthe Department ofthe ofState.Secretary Lieutenant Governor. or boarddepartment for administrative purposes. commissions, by entitiesestablished other and law. are These attached to a boardthe ofpubliceducation.There are numerous boards, additional councils, board ofeducationcomposed board ofthe ofregents educationand ofhigher Montana Constitution authority the under Governor, ofthe which include the heads are appointed by Governor. the There are three boards inthe established Governor. There are instate established 14principal departments law whose

5 Montana State Legislature 6 The Legislator’s Handbook jurisdiction. includingCourt, administrative some matters concerning District Courts oflimited courts and administrator the Court, executes day-to-day the administrative operations Supreme of the administrative staffperson for judiciary. the Answerable to allseven justices Supreme ofthe docket, performs and administrative other tasks. Court The Administrator chief isthe ClerkThe Supreme ofthe Court keeps allSupreme Court records, court’s maintains the administer and implement state-funded the District Court program. Branch. ChiefJustice The alsochairs District the Court Council, created by Legislature the to state ofthe part assumptionofDistrict Court apersonnel adopts funding, planfor Judicial the recommended by JudicialStandards the Commission. Supreme the Inaddition, as Court, MontanaSupremethe Court alsodetermines to whether as imposejudicialdiscipline Rules ofLawyer Enforcement Disciplinary thatgovern lawyer cases.Onoccasion, discipline Procedure, RulesofProfessional the Conduct thatapplyto Montanalawyers, the and various rules,such Montana RulesofCivilProcedure, asthe MontanaRulesofAppellate the MontanaSupremeThe Court duties,including hasother lawyer revisions and discipline of Supreme Court accepted original jurisdiction ofthistype was achallenge to term limits. only legalorconstitutional questions.Anexample ofacaseinrecent years where Montana the beenthroughhas not aDistrict ifthere Court, are facts no indispute casepresents the and there.still pending Supreme The Court alsomay exercise original jurisdiction inacasethat controlpetitions for over supervisory District Courts incases inmates and be asserted viahabeas corpus applicationsfrom instances. incertain time Original jurisdiction may first the original jurisdiction which means canhear court the case the MontanaConstitutionThe alsovests Supreme the Court with resolve them. discretion to turn down appeals; itmusttake alland them appellate MontanaSupreme the Court court, have doesnot have aright to anappeal there and intermediate isno Compensation Court Water the and Becausepeople Court. Workers’ the District Courts across Montana,aswell asfrom Consequently, Supreme the Court hears direct appeals from haveMontana doesnot anintermediate appellate court. Unlike state most systems court federal the and judiciary, judicialpowerThe State ofthe ofMontanais vested following: inthe Branch Judicial • • • • • • • • • • Courts, City and Courts. oflimited courts the jurisdiction, which include Justices’ Courts, Municipal Waterthe Court; and Workers’the Compensation Court; Districtthe Courts; Supremethe consisting Court, ofaChiefJustice 6Associate and Justices; appellate court intermediateno Because there is and resolveand them. must take all them down appeals; it discretion to turn Court have doesnot Montana Supreme in Montana,the findings, orrecommendations to Legislature. the findings, conducts interim may and studiesasassigned, propose itsactivities, report legislationand governments inMontana,encourages state-tribal localgovernment-tribal and cooperation, legislators, State-Tribal The alsomeets. Relations Committee asaliaison with tribal acts During interim, the Legislature’s the State-Tribal RelationsCommittee, which includes eight bodies rather thaninteracting withtribal governments asifthey were specialinterest groups. on agovernment-to-government basis means adialogueisinitiated between governing citizenship are that Indians entitledto ascitizens ofthisstate”. Dealing withtribal governments to-government relationships to designed recognize rights, the privileges duties,and offull bestintereststhat “the tribes ofMontanaIndian willbeserved by ingovernment- engaging 90-11-101, insection legislativeestablished ofthe element One policy MCA. isadeclaration director The carries legislative outthe Governor’sthe policy regarding Office. affairs, Indian Affairs, ofIndian which isadministratively attached LegislatureThe to Office the established or insituationswhich federal neither tribal nor law preempt state law. within areservation onlyto extent the authority to thatCongress state the delegates specific jurisdiction control and Congress. U.S. ofthe With rare exceptions, astate hasjurisdiction acknowledges owned thatalllands by orheld any tribe orIndian Indian are absolute the under commitments uniqueto tribes. Indian and Indians Montana Constitution The explicitly states. the not As aresult, federal the government treaty hasatrustresponsibility to fulfill Constitution U.S. The gives authority plenary over tribes Indian to federal the government, stateand governments. Tribal adjudicate courts laws the oftribal governments. ownestablish their criminal civiland laws; jurisdiction isoften shared federal, among tribal, (see Figure 2-1). tribes Indian have right the to develop own their form ofgovernment to and Although to Montanaishome seven reservations, state the haseighttribal governments Governments Tribal with afederal requirement. to orcomply adopt laws withcertain by federal withholding ifastate funds comply doesnot states require congressional federal The consent. government encourages sometimes states Constitution alsoplaces direct certain limitationsonstates. For example, compacts between Constitution U.S. in violationofthe may becontravened not by astate legislature. U.S. The supremacy the Under Constitution, clause U.S. ofthe any ofCongress act itself thatisnot Government Federal

7 Montana State Legislature 8 The Legislator’s Handbook received, federal recognition. 1 Flathead onthe management Reservation. agreement Confederated withthe Kootenai Salishand wildlife and Tribes regarding fish For services. and activities example, since 1990, state the acooperative hashad beneficial toand promote cooperation between state tribal and agencies governments inmutually may enter into agreements withtribal governments to administer regulations programs and State-Tribal the Under Cooperative Agreements (Title Act chapter 18, 11,MCA), state agencies Indian Reservations and Tribal Governments in Montana The Little The ofChippewa Band Shell hasatribal government have but doesnot areservation. butnot Ithas sought, • • • • • • • • • • • • • • • • Little ofChippewa Band Shell Rocky Boy’s Reservation CheyenneNorthern Reservation Fort Peck Reservation Fort Belknap Reservation Flathead Reservation Crow Reservation Blackfeet Reservation : Indian Reservations Tribal: Indian and Governments inMontana 1 discussion ofstrong, effective governance community atthe county and level. problems. LGIC’s counties withcitiesand liaisonactivities provide forum for animportant together representatives ofstate localgovernment and for consideration ofcommon governmental institutionsare bestassurances ofthe one ofastrong brings Montana,and through recognition principle ofthe that strong communities witheffective, democratic asaliaisonwithlocalgovernments,that acts promotes strengthens and localgovernment Legislature’sThe Local Government (LGIC) Interim Committee committee isajointbipartisan government’s charter. powers deniedby have Montanalaw individual orthe powers thatare specifically not or implicitlygranted by MontanaLegislature. the Local governments withself-governing Montanalaw.under Ingeneral, localgovernments withgeneral powers have powers expressly powers. Local governments withself-governing powers have adopted aself-governing charter governments: governments withgeneral powers governments and withself-governing constitution statutes. and MontanaConstitution, the Under there are two basic types oflocal state.or subdivisionsofthe powers The oflocalgovernments state’s the are derived from Local governments, like counties incorporated and towns, citiesand are legalcreations GovernmentsLocal

9 Montana State Legislature 10 The Legislator’s Handbook Legislative Branch Legislative Services of the Organization and Three: Chapter

11 Montana State Legislature 12 The Legislator’s Handbook when the President the when isabsentordisqualified. PresidentThe Pro Tempore Senate ofthe performs President dutiesofthe the Senate ofthe President Tempore Pro of the Senate PresidentThe Senate: ofthe PresidentThe for Senate. the Senate ofthe chief isthe administrative officer Senate the of President described below. offices the Senators are elected to fill Senate legislators isalsodescribed and inthischapter. Consumer ofthe Counselthis chapter. isgoverned constitutional The office by acommittee of Organizational information provided services and by each entities are ofthese described in effective and organization service: inorder to provide efficient followingThe Legislative entitiesofthe Branch are consolidated into administrative asingle Introduction • • • • • • • • • • • • • • • • • • • • • • is astatutory Legislative ofthe member Council. notes statements;committees other and and request the and for fiscal carries outresponsibilities related to resolutions, billsand including referral to legislative records and acts asrequired; certifies Senateof the itsstaff; and is ultimately responsible for administration, budgetapproval, management and approves dailycalendar; the privilege; presides over Senate, the maintainsorder, decidesquestionsoforder and and Legislativethe Audit Legislative Divisionand Audit Committee. Legislativethe Fiscal Legislative Divisionand Finance Committee; and Legislativethe Legislative Divisionand Services Council; HouseofRepresentatives;the Senate;the include: majorresponsibilitiesThe carried outby Senate ofthe Secretary the staff Secretary’s orthe of theSecretary Senate by Senate. the tosubject confirmation Senate ofthe are who followingThe appointed by are President the staffofficers Senate, ofthe whip.party accomplish itspositions.Absentee itsgoals further and vote forms may besubmitted to a to ofimportance moments for and party the dutiesrelated other to party the helping Each ormore alsohasone party whips ensure whips.The thatmembers are present at Whips Party minorityquorum. The leader isastatutory Legislative ofthe member Council ofallcommittees member ifpresent, and, may becountedan ex officio toward a establishing minority negotiates positionand majority withthe party. Senate The Minority FloorLeader is SenateThe Minority Leader minority isthe leader party’s Senate inthe develops and the Leader Minority Senate if present, may becounted toward aquorum. establishing development. ofallcommittees member Senate The Majority and, FloorLeader isanex officio Senate withmonitoring progress the scheduling ofand withpolicy ofbillsand position and Leader makes procedural during motions President assiststhe floorsessionsand ofthe SenateThe Majority Leader lead isthe speaker infloordebate. Senate The Majority (Floor) Leader Majority Senate • • • • • • • • • • • • providing clerical services. directing work the ofcommittee secretaries; and Senate most hiring supervising and employees; keeping records, including records ofvotes; President Senate; ofthe preparing organizing and dailycalendar the direction atthe floorbusiness ofthe documents; receiving, tracking, transmitting and resolutions billsand related and

13 Montana State Legislature 14 The Legislator’s Handbook Sergeant atArms to duties. outthese carry SergeantThe ofthe atArms Senate ofthe employees supervises to assigned office the responsibilities primary The Sergeant ofthe atArms Senate ofthe are: Sergeant at Arms • • • • • • • • • • • • purchasing distributing and for equipment suppliesand Senate. the control Senate; ofthe and administering enforcing and parking space requirements for areas the under regulating access to Senate the Chamber; pages; supervising providing safety facility and for services Senate; the officer; ordermaintaining asdirected by President the Senate ofthe presiding orthe counted toward aquorum. establishing ofall committees member House Majority ifpresent, and, FloorLeader may be isanex officio with monitoring progress the scheduling ofand withpolicy ofbillsand development. The Leader makes procedural during motions Speaker assiststhe floor sessionsand House ofthe HouseMajorityThe Leader lead isthe speaker infloordebate. HouseMajority The Floor House Majority Leader Speaker. absence orinability Speaker ofthe carries Houseand ofthe by dutiesassigned outother the SpeakerThe Pro Tempore Housepresides ofthe over HouseofRepresentatives the inthe Speaker Tempore Pro of the House SpeakerThe House: ofthe for SpeakerThe HouseofRepresentatives. the chief Houseisthe ofthe administrative officer Speaker of the House described below. offices the Representatives are elected to fill House of Representatives • • • • • • • • • • • • • • • • is astatutory Legislative ofthe member Council aquorum;and establishing ofallcommittees member ifpresent, and, may becountedis anex officio toward makes committee except appointments, for RulesCommittee; the for agendas sets the second third and reading; notes statements;committees other and request the and for fiscal carries outresponsibilities related to resolutions, billsand including referral to legislative records and acts asrequired; certifies HouseofRepresentativesof the itsstaff; and is ultimately responsible for administration, budgetapproval, management and questions oforder; presides over HouseofRepresentatives, the maintainsorder, decides and

15 Montana State Legislature 16 The Legislator’s Handbook The primary responsibilities primary The Sergeant ofthe atArms HouseofRepresentatives ofthe are: Sergeant at Arms include: majorresponsibilitiesThe carried outby ChiefClerk the ChiefClerk’s Houseorthe ofthe staff Chief Clerk of the House bySpeaker House. the to House,subject ofthe confirmation HouseofRepresentatives ofthe are who followingThe appointed are by staffofficers the whip.party accomplish itspositions.Absenteeparty itsgoals further and vote forms are submitted to a are present to ofimportance atmoments for and party the duties related other to the helping Each ormore alsohasone party whipsare whips.The responsible for ensuring thatmembers Whips Party statutory Legislative of the member Council. ifpresent,and, may becounted toward minority aquorum.The establishing leader isa ofallcommittees member HouseMinority The FloorLeader isanexpresiding officio officers. recommendations for ofminority assignment the committee members minority and vice developsand minority the position,negotiates majority withthe party, makes and HouseMinorityThe Leader minority isthe leader party’s HouseofRepresentatives inthe House Minority Leader • • • • • • • • • • • • • • • • providing safety facility and for services House ofRepresentatives; the House; the ordermaintaining asdirected by Speaker the ChiefClerk House orthe ofthe of providing clerical services. directing work the ofcommittee secretaries; and allemployeessupervising HouseofRepresentatives; ofthe keeping records, including records ofvotes; direction atthe business Speaker ofthe House; ofthe speaker the assisting inpreparing organizing and dailycalendar the floor documents; receiving, tracking, transmitting and resolutions billsand related and office of the Sergeant ofthe atArms to duties. outthese carry office SergeantThe atArms HouseofRepresentatives ofthe employees supervises to assigned the • • • • • • • • supervising pages; supervising Representatives. purchasing distributing and for equipment suppliesand Houseof the HouseofRepresentatives;the and administering enforcing and parking regulations inareas control the under of regulating access to HouseChamber; the

17 Montana State Legislature 18 The Legislator’s Handbook Services of the Division are ofthe Services summarized below. Division provides to services these alllegislators. Legislative Council. Because legislatorsmost do havenot personal staff, Legislativethe Services operation Legislative ofthe Branch to and missionofthe the of effective support efficient and to services Senate, the support Legislative divisionsofthe other House,and Branch insupport reference, legal,technical, information technology, communications, administrative and Legislative missionofthe The Divisionisto Services provide research, objective, nonpartisan in Figure 3-1. asillustratedLegislative next onthe Divisionisorganized page, Services into offices functional Legislature. Executive The Director Legislative the manages staff ofthe Division.The Services agency for impartial nonpolitical, Legislative The the asanindependent, Divisionacts Services Division Services Legislative Executive Director. Selected Legislative dutiesofthe Council include following: the LegislativeThe Council oversees Legislative ofthe activities the hires Divisionand Services the Councilon the place. intheir following legislative sessionbecauseofterm limitsmay designate to member another serve each Legislators house. minorityand leaders serve in the willnot positionswho inthese from they are approaching term: oftheir end the President Senate, ofthe Speaker House, ofthe Montana Legislature. legislators The following inthe leadership positionsmustserve unless LegislativeThe Council isa12-member, bicameral, statutory committee bipartisan, ofthe Council Legislative • • • • • • • • • • • • • • Branch entities. submitting abudgetproposal for administratively the consolidated Legislative international, intergovernmental and entities;and legislatorsappointing to serve asmembers ofappropriate interstate, work; overseeing MCA publicationofthe Code the supervising and Commissioner’s approving computer the system planfor Legislative the Branch; interimthe to interim committees; interimassigning issuesofstatewide studiesand thatarise importance during committees; schedules time establishing deadlines and for work conducted by interim Legislative Audit Committees; Branch employees, concurrence withthe Legislative ofthe Finance and pay and policiesfor Legislative classification, personneladopting management, Research andResearch Reference Distribution and Publication Legislation Policy Analysis Research and Office of Office (ORPA) • • • • • • • • • • • • • • • • • • providing interlibrary to loan services legislators staff. and collection ofreference materials; and providing legislative research reference and a maintaining and services resolutions, journals, legislative other and information. notes, printing distributing and MontanaLegislature, Rulesofthe bills,fiscal legislative other and documents, information; and Final Statusfor each legislative session,Legislative and Divisionreports Services laws, text MontanaCode ofthe annotations and Annotated (MCA), History and preparing, distributing and publishing, MontanaLegislative the Review, session conformity BillDrafting withthe Manual. reviewing text the of proposed ballot measures for clarity, consistency, and engrossing enrolling and resolutions; billsand and resolutions billsand assembling and for introduction; proofreading, editing, providing legalreview resolutions ofbillsand before introduction; drafting resolutions billsand to amendments and proposed legislation; Figure 3-1: for Organization Legislative the Chart Division Services Legal Services (Legal) Legislative Office (FHRO) Office and Human and Services Services Division Resource Financial Environmental Policy Office Policy Office Legislative (LEPO) Services (OLIS) Services Information Legislative Office of Office

19 Montana State Legislature 20 The Legislator’s Handbook Public Education and Information and Education Public Committee Services Consolidated Entities Management and Business for Services Legislative Branch Legal • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • coordinating communications services. broadcasting legislative and meetings; publicto the legislators duringrelaying sessions; from messages legislativethe website for legislators public; the and producing distributing and educationalinformation viaprinted publicationsand institution; and asaliaisonfor seeking media serving information legislative aboutthe process process; tohelping train educate and legislators legislative the and aboutstaffservices providing information Legislature aboutthe legislative and process to public; the committees. providing research for legalservices and legislative select and standing Technology System Council; Planning and providing technical for Legislative the staff support Branch Information providing research project and for management interim studies; Commission, statutory and interim committees; Council, Environmental the Quality Council, Districting the Apportionment and providing research, administrative legal,and for Legislative the staffsupport providing personnel administrative and services. purchasing property maintaining and equipment suppliesand inventories; and processing reimbursement claims payrolls; and preparing monitoring and budgets; providing to legalservices Legislative the Branch consolidated entities. providing legalopinions to legislators regarding issuesofstate law; and The goalsThe Legislative ofthe Audit Divisionare listed below. or employees. employees publicto the and improper report committed acts by state agencies, departments, LegislativeThe telephone Audit “Fraud Divisionoperates Hotline” thatenablesstate atoll-free executivejudicial, and managers publictrust. ofthe providesconducts auditsand independent factual objective and information to legislative, the LegislativeThe Auditor Legislative the manages Audit Legislative Division.The Audit Division Division Audit Legislative Committee include following: the is mandated by MontanaConstitution. the Legislative ofthe functions primary The Audit MontanaLegislature.of the ofacommittee establishment The to oversee duties auditing LegislativeThe Audit Committee isa12-member, bicameral, statutory committee bipartisan, Committee Audit Legislative Services Information • • • • • • • • • • • • • • members. provide assistance requested when by Legislature, the itscommittees, orits » » » » » managers information withindependent regarding state whether agencies: provide MontanaLegislature the state and agency directors program and asa conduit betweenserving Legislative the Auditor Legislature. the and reviewing releasing and auditreports to auditreports and public; the consultingappointing, Legislative the advising with,and Auditor; information online. developing systems maintaining and to provide publicaccess to legislative for Legislative the Branch; and developing,planning, computer the maintaining and network applications and » » » » » operations and activities; and recommendations, suggestionsfor and improvement the ofstate agency adequately safeguard control and assets;make comments, collect account and properly for allrevenue receipts; and and make expenditures onlyinaccordance withapplicablelaws regulations; and conduct programs effectively efficiently; and programs and conduct activities onlythose authorized by Legislature; the

21 Montana State Legislature 22 The Legislator’s Handbook activity, orpolicy issueaffecting state government. diversity Becauseof the matter ofsubject interestedor other canrequest parties aperformance auditbeconducted for any program, ranking to projects the Legislators, itjudges to important. bemost legislative committees committee reviews year alistofpotential assignsapriority and performance auditsevery fiscal Performance auditsare prioritized direction atthe Legislative ofthe Audit Committee. The accountability. improve program operations, reduce costs, facilitate decision-making, contribute and to public oversight information mission.The provided through performance the auditprocess isusedto programs.and Performance auditsprovide objective analysis to legislature assistthe inits effectiveness and ofgovernmentPerformance operations efficiency auditsassessthe Audits Performance affecting federal activities orstate agencies. suspected fraudulent audit staffalsocomplete or work onlegislative requests, specialprojects, identified and year,complied with applicablelaws regulations. and financial-compliance During each fiscal are reports presentedoperations are properly fairly, conducted, financial the entity the and has in accordance withapplicableauditstandards to determine anentity’s whether financial auditstaffperform auditsofstate localgovernments and agencies financial-compliance The Financial-Compliance typesThe ofauditsconducted are summarized briefly below. organizationalThe structure Divisionisillustrated ofthe inFigure 3-2. Figure 3-2: for Organization Legislative the Chart Audit Division Compliance Financial Legislative Performance/ Information Division Systems Audit Administrative Legislative ofthe functions primary The Finance Committee are summarized below. HouseAppropriationsserve onthe Committee. members Senate mustserveonthe Finance ClaimsCommittee, and four and members must MontanaLegislatureof the during that meets interim the issues.Four to review fiscal LegislativeThe Finance Committee isa12-member, bicameral, statutory committee bipartisan, Committee Finance Legislative at lower cost means. viaother economy,and programs orwhether are orcould oractivities necessary longer no bedelivered determinations directives aboutwhether goals and canbeachieved withgreater efficiency are associated and met being goals are achieved. being Performance auditsalsoinvolve applicablecriteriaidentify evidence gather and to determine statutory whether directives objectives associated withagovernment program, activity orpublicpolicy issue.Audit teams performanceThe auditprocess withareview starts ofstatutory directives goals and and information systems, math. and English including administration, business politicalscience, publicadministration, statistics, fields, associated withdifferent projects, performance degrees auditstaffhold inavariety of • • • • • • • • • • • • • • identifying informationidentifying technology issueslikely to require future attention. providingand written comment onproposed policy changes; and monitoring information technology ofAdministration Department policiesofthe matters; state financial receiving onspecific reports years ofabiennium, operating budgetchanges, program and transfers; proposed appropriations supplemental to transfer appropriations between fiscal reviewing commenting and reductions onbudgetamendments, inspending, Legislature; reviewing dedicated revenue provisions recommendations reporting and to the budgetissues; certain ClaimsCommitteeand HouseAppropriations the and Committee regarding before each legislative session,making recommendations to Senate the Finance consultingappointing, Legislative the advising with,and Fiscal Analyst;

23 Montana State Legislature 24 The Legislator’s Handbook Staff in this section specializeStaff inthissection invarious areas ofrevenue estimation. Revenue Transportation and Interim Committee, conduct and taxpolicy research. collections during legislative the taxcommittees session,assistthe ofeach assistthe house, throughoutsession and interim. the Staffalsoanalyze taxpolicy allbills impacting and Division staffprovide estimationofstate anobjective, impartial revenue during legislative the Revenue Estimation and Tax Policy Analysis Divisionstaffserve threeThe thatare mainfunctions described below. organizationalThe structure Divisionisillustrated ofthe inFigure 3-2. lawmakers have objective, accurate, relevant and decisions. information to make state financial Division provides dataanalysis budgetand to non-partisan MontanaLegislature, the sothatall LegislativeThe Fiscal Analyst Legislative the manages Fiscal Legislative Division.The Fiscal Division Fiscal Legislative Figure 8-3: for Organization Legislative the Chart Fiscal Division Data Analysis Fiscal and Legislative Division Fiscal Communications consult Consumer with the Counsel. Montana Constitution.the four-member The committee atleast meets quarterly to and advise LegislativeThe Consumer Committee Consumer appointsthe Counsel, apositionrequired by Counsel Consumer responsibilities Legislative ofthe Fiscal Divisionare presented below. organizationalThe structure Legislative ofthe Fiscal Divisionisillustrated inFigure 3-3. The audience. policy,overall aswell ascommunicating information balance financial and sheet to abroad Division staffprovide statutory historical and statewide comparisons. Staffalsoevaluates the Statewide Analysis of Fund Balance and Long Term Trends budgets, aswell asgeneral appropriation and budgeting questions. Analysts canansweragencies. inthissection their and agencies questionsaboutindividual Each analyst specializes inthissection operations inthe budgetsofagroup and ofstate required orrequested. subcommittees, research write general the as appropriations conduct bill,and fiscal other during legislative the throughout sessionand interim. the Fiscal analysts staffappropriations Division staffprovide analysis objective, ofstate impartial agency operations expenditures and Analysis Expenditure • • • • • • • • • • • • • • assist the Revenueassist the Transportation and Interim Committee inrevenue estimation. information; and analyzing financial assist legislative committees legislators individual and incompiling and Legislature; recommendations requested by Legislative the Finance Committee the and Legislative Finance Committee considers desirable make and and reports make recommendations and reports to Legislature the thatthe including proposed capitalimprovements; analyze executive the budgetrequests budgetand ofselected state agencies, estimate existing proposed taxand taxrevenues; in state government; analyzing, providing information, economic studying and factors efficiency and analysis ofstate government,provide including accumulating, compiling, fiscal provide to support Legislative the Finance Committee;

25 Montana State Legislature 26 The Legislator’s Handbook The office is funded by isfunded fees assessedonregulated companies. office The Consumer ofthe Activities Counsel are asfollowing: • • • • • • • • restructured utility industries. to thatwillhelp inactivities developparticipating competitive markets in consumers; and before MontanaLegislature Congress the U.S. the and onbehalfofMontana monitoring proposed legislative inthe participating legislationand process proceedings; representing Montanaconsumers inappropriate state federal and court » » » » » before the: representing Montanaconsumers inutility proceedings transportation and » » » » » other federalother administrative agencies; Federal Communications Commission; and Interstate Commerce Commission; Federal Energy Regulatory Commission; Commission;Montana PublicService Legislators Four: Chapter

government are trustees; the trusteesthe are created and both the trustand boththe and and the officers ofthe officers the and Government isatrust, for the benefit ofthefor benefit the — Henry Clay — Henry people.

27 Montana State Legislature 28 The Legislator’s Handbook Montana House iscomposed of100members elected to 2-year terms. MontanaSenateThe consists of 50members elected to serve 4-year staggered terms. The Each Montananisrepresented by state one senator state one and representative. Representation addressed inthischapter. Requirements directed atcandidates are for conduct the and ofelections election not This chapter addresses following the topics related to legislators: compensated onlyduring legislative the for session and interim committee work. Unlike legislators inmany states, other Montana’s legislators are are and part-time constituencies. duties,legislators outallthese In carrying mustconsider competing values, interests, and government. general The responsibilities ofMontana’s legislators are summarized below. representatives. As elected representatives, Montana’s legislators play akey role inour In arepresentative democracy power by isheld exercised peopleand the through elected Introduction • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • accountability. duties, including ethicalconduct; and privileges; qualifications; representation; asabalanceact to Executive the JudicialBranches and ofgovernment. oversee work the ofstate and agencies; ensure thatlaws are carried outaccording to intent the Legislature; ofthe allocate state resources to programs; and agencies create, repeal and amend, state laws programs; and study, discuss,request, vote and onproposed legislation; asaliaisonbetweenact constituents state and government; citizensserve the state ofthe asawhole; serve constituents district; inthe living protect, MontanaConstitutions; and defend and U.S. the support, other office, the legislator the must resign legislative the seat. office, other during however, legislator’s the term. Alegislator may runfor ifelected office; another to the ofacivilnatureA legislator may ofCongress serveasamember not apublicoffice orhold A Montanalegislator: Qualifications forestablished next The 2014 the elections. cycle willbeginin2019 for 2024 the elections. of State. Secretary withthe Through thisprocess, newbecomes districts were law filed when ofStateSecretary Legislature. the within30days plan ofreceipt The ofrecommendations from plantothe itsplanwiththe Commission the withrecommendations. Commission The files Legislature. Legislature The has30days to return CommissionThe submitsaproposed planto the Commissionof the may publicoffice. hold not responsible for members thistaskinMontana.The citizens, is Commission, composed offive census. MontanaDistricting The Apportionment and districts takes place following each decennial Redistricting reapportionment and oflegislative Housedistricts.adjoining Senateof the represents adistrict composed oftwo equal inpopulationasispracticable. Each member districts becompact contiguous and asnearly and MontanaConstitution The a district. requires thatall HouseofRepresentatives ofthe member represents senators representatives and are elected. Each Every 10years, which Montanaisdividedinto geographical districts, based onpopulation,from • • • • • • • • • • • • than one county.than one contains ormore one districts ofmore district orofthe ifitcontains allorparts for preceding 6months must, bearesident election, the county ofthe ifit may and mind; be ofunsound not asentencemay be serving not for afelony; must be18years orolder; ofage must beaMontanaresident for atleast 1year before general the election; must beaUnited States citizen; committee work. forand interim legislative session only duringthe compensated andare part-time Montana’s legislators many states, other Unlike legislators in

29 Montana State Legislature 30 The Legislator’s Handbook District ofMontana, Butte 2002. Division,February 6, 2 media.” intern, oremployee, alegislator, publicorthe of the oramember alobbyist, astate officer temporary, ashort-term, orseasonal divisionemployee, employee, asession-only apage or legislative inthe participating process, offender the whether isanemployer, a apermanent, discrimination harassment and when legislativethe process from have right the to befree proposedThe policy states, policy “Itisthe Legislative ofthe Branch in thatallparticipants actions. disciplinary discrimination, retaliation. and proposal The investigation reporting, outlines processes, and discrimination policy aprocess detailing onhow legislators staffcanaddress and harassment, During 2017-2018 the interim, Legislative the Council developed aproposed harassment and employer, employee, legislator, lobbyist, public. ofthe ormember any characteristic other protected by law. Thisistrueregardless offender the ofwhether isan race,their color, religion, sex, sexual orientation, disability, age, marital status,citizenship, or Legislators legislative (and employees) have ofharassment becauseof right the to work free Harassment debate Legislature. inthe A legislator may inany bequestioned not for place, other including any acourt, speech or duty associated withlegislative acts. lawful discharge ofanofficial the suitfor arising damages from Members Legislature staffofthe and are from immune or abreach peace. ofthe sessions.Thisexemption those caseofafelony applyinthe doesnot towhile going from and Legislators arrest are during attendance exempt from HouseorSenate atasessionofthe and priorQuoting Court the holdings, stated: rationaleThe for legislative immunity was reiterated ina 2002 federal District Court order. Immunity Privileges Single Moms, Inc., etal.v. Moms,Inc., Single MontanaPower Company, etal. JudgeDonaldW. Molloy, United States District Court, without fearwithout ofprosecutions, civilorcriminal. people, the by representativestheir enabling to execute of office their functions the butto rights the of support membersthe againstprosecutions for own their benefit, lawmakers. [immunities]are These thussecured, intention withthe not ofprotecting prosecution capacity intheir Legislators acting when as enjoy immunity from 2 member’s house for house advicemember’s regarding disclosure the requirement. to ornot whether disclose aninterest. legislator The may Ethics askthe Committee orthe law The action. criteria establishes legislator that the consider indeterminingin anofficial to anappearance ofimpropriety, legislator the mustdisclose interest the prior to participating If alegislator hasaconflict created by apersonal orprivate interest thatwould directly give rise be affected by alegislative decision. Montana Legislature. Alegislator may have apersonal interest oraprivate interest thatwould constituents to participate in all matters asrequired by rulescontained Rulesofthe inthe MontanaLegislature.the Montanalaw, Under alegislator hasaresponsibility to legislator’s the Understanding laws the rulesgoverning and conflict ofinterest for members of isimportant Interest of Conflict of Disclosure discloses aconflict ofinterest. to vote unlessexcused. Representatives are required to vote present when unlessamember must bepresent isinsession,unlessthey house their when are excused. Senators are required constituents to participate inallmatters asrequired legislature”. rulesofthe inthe Legislators 2-2-112(2),Section provides MCA, that a“legislator hasaresponsibility to legislator’s the Participation governing ethicalconduct are instatute rule(Title and chapter 1,MCA). 2, part 2, between publicduty private and interest for members Legislature ofthe others. and Provisions MontanaConstitutionThe requires Legislature the provide acode ofethicsprohibiting conflict statementA guiding regarding alegislator’s publicduty isfound 2-2-103(1), insection MCA: Duties referred to law enforcement. any process, pointinthe ifcriminal activity issuspected, matter the immediately should be seeking legalremedies. other proposed inthe Nothing At policy precludes aperson from proposalthe to decidewhether and incorporate updates the into legislative the rules. Legislature the When rulesfor the adopts 66thLegislature, the itisexpected to contemplate duties for the benefit of the people of the state. peopleofthe ofthe duties for benefit the legislator, orpublicemployeeemployees. carry shall individual’s Apublicofficer, outthe electorate the that legislators, reposes public and integrity inthe ofpublicofficers, or employment created is a public trust, by confidence the of public office holding The

31 Montana State Legislature 32 The Legislator’s Handbook commercial interests, or anything else the primary significance ofwhich iseconomic gain.”commercial interests, significance primary elsethe oranything 3 adisclosure statement. publicemployerone alsomustfile Practices by December 15ofeach even-numbered year. Legislators are who paid by more than disclosure abusiness statement Commissioner withthe Legislators ofPolitical mustfile Business and Employment Disclosure A legislator may not: Prohibited Activities distinctive legislator. onthe personal impact required to disclose aninterest class unlessthe issonarrow vote thatthe hasadirect and A legislator ofaprofession, isamember who occupation, orclass affected by legislationisnot A pecuniary benefit is defined in section 45-2-101, MCA: “”Pecuniary benefit” is benefit in the form inthe ofmoney, property, isbenefit 45-2-101, insection benefit” MCA: “”Pecuniary isdefined benefit Apecuniary • • • • • • • • • • • • the Legislature.the likely to become interested inamatter before Legislature the oracommittee of accept benefit apecuniary legislatorthe isdirectly involved contract withthe accept, oragree orsolicit, to capacity orby any body, agency, orboard ofwhich legislator the isamember, if have aninterest inacontract by made legislator the legislator’s inthe official subdivision; stateor politicalsubdivisionofthe for speaking to agency the orpolitical aMontanastateallowed agency Legislature the when insession)from isnot accept afee compensation orother (except for compensation expenses and byservice office; useofthe employmentseek other for legislator the orsolicitacontract for legislator’s the legislation; compensation for legislators) for promoting passage the of oropposing accept afee, contingent fee, orany compensation other (except official the gifts. MCA). Campaign contributions reported asrequired by law are considered not whatisconsidered 2-2-102(3), agift(section equivalent to law The clarifies agift. that is accept agiftwithvalue of$50ormore orasubstantialeconomic benefit in order to legislator’s substantiallythe personal interests; further duties information acquired course inthe ofofficial disclose oruseconfidential 3 from aperson isknown who to beinterested from inor Political Practices. involvedoes not acomplaint Commissioner withthe a legislative of by act alegislator may file that inTitle chapter 1,MCA, 2, part 2, A person code aviolationofthe alleging ofethicscodified Commissioner of Political Practices Committee HouseofRepresentatives. ofthe Whole ofthe EthicsIf the Committee makes arecommendation, itisreferred to Senate the orthe recommendation. charge, refer matter the to Lewis the Clark and County Attorney, ifappropriate, ormake a EthicsThe Committee considers matter. the Ethics The Committee may dismissthe RulesCommitteeThe refers amatter to Ethics the Committee. In each general the house, process isasfollows: Committee. address matters thatmay bereferred SenateThe Rulesspecifically to Senate the Ethics EthicsThe Committee isresponsible for: jointcommittee the and may consider matters affecting entire the Legislature. Committee consists oftwo members ofeach politicalparty. committees The may jointly, meet Montana law requires each Legislature ofthe house to have anEthics Committee. Ethics The two-thirds ofallitsmembers. Each may house expel for orpunishamember goodcauseshown concurrence withthe of Legislature Accountability • • • • • • of statute orruleby alegislator. responding to complaints referred by RulesCommittee the thatallegeaviolation disclosure; and determining and advising there when isaconflict ofinterest thatrequires memberseducating code aboutthe ofethicsinMontanalaw;

33 Montana State Legislature 34 The Legislator’s Handbook election. recallThe process isinitiated by apetitionofelectors, questionisdecidedthrough the and an following: ofthe be one A legislator may berecalled by voters the basis The for legislator’s inthe district. recall the must Recall • • • • • • • • • • conviction ofafelony offense. misconduct; or official oathviolation ofthe ofoffice; incompetence; lack ofphysical fitness; ormental Montana Legislature Montana Organizing the Five: Chapter

35 Montana State Legislature 36 The Legislator’s Handbook numbered year. 4 A specialsessionmay beconvened following inthe ways: Special Sessions 5-2-103, (section in January MCA). WednesdayJanuary. 1falls onaMonday, January When regular the first sessionbeginsonthe Monday of Legislature first onthe beginsatnoon lawThe provides thateach regular sessionofthe Legislature. ofany length on the subsequentsessionofthe exceed 90days. ALegislature may increase limit the in each odd-numbered year, sessionmay the not Legislature the When for meets aregular session Regular Session Sessions Legislative oflegislators. See Chapter 4for information aboutdistricts qualifications and session. day Legislature.of the legislative ofthe Newly elected members terms begintheir first onthe rosters members ofState ofthe Secretary the ofeach election, the prepares house certified approximately before 2months Legislature the convenes for regular the session. every 2years. general The inearly isheld election November ofevery even-numbered year, Senate ofthe One-half iselected every 2years. entire The HouseofRepresentatives iselected Election of Members day legislative ofthe session. first chapter describes how each ofmembers to election the Legislature the organizes itself, from ofevery odd-numberedIn January year, anew Legislature beginsto serve for 2years. This Introduction The date of the general election is set in statute: the first Tuesday after the first Monday inNovember Tuesday ofevery even- after date The first the general ofthe issetinstatute: election first the • • • • request of State Secretary the to polllegislators to determine ifamajority are in writing. Inorder to request aspecialsession,10 members Legislature ofthe may A majority members ofthe Legislature ofthe may request aspecialsessionin GovernorThe may callaspecialsession. numbered year. session ineach odd- formeet aregular Legislaturethe to Constitution requires MontanaThe 4 Following The membersThe Senate ofthe Committee onCommittees are elected by Senate. the Senate below. are described inChapter 3. Dutiesofeach office day are to aformality. benominated for each first onthe held officers The are house listed Traditionally, beginto serve asifthey willbeelected, elections the and nominated the officers convenes. mustbeelected by inwhich house the they serve aftercaucus. Certain Legislature the officers forset by each Legislative the are house Council. nominated during Officers presession the senators willcontinue who to Legislature. serve inthe date The presession ofthe caucusis arehouse required to apresession hold caucusfor newly elected legislators holdover and After before and election the December 1ofeach even-numbered year, ofeach parties the Caucuses Governor’s successors primary are killed or are unableto result serveasthe ofanenemy attack. lawThe alsoprovides for emergency sessionsto beconvened Governor ifthe the and call. inthe A specialsessionmay belimited to specified subjects • • • • • • call of a special session, the purposescall ofaspecialsession,the proposed the specialsession,and ofthe favor request ofaspecialsession.The conditions the warranting mustspecify the » » » » elected by appropriate the Officers Senate: caucusofthe » » elected by Senate: the Officers vote ofamajority members of the Legislature ofthe 5-3-102, (section MCA). Legislature the When isinsession,aspecialsessionmay becalledby arecorded specialsession. ofthe time and favor ofState Secretary specialsession,the ofthe legislators willnotify date ofthe date for time and convening specialsession.Ifamajority the ofmembers are in » » » » » » Minority Whip Majority Whip Minority FloorLeader Majority FloorLeader President Pro Tempore President

37 Montana State Legislature 38 The Legislator’s Handbook and institutionstoand requests, discussthe although thisisrarely done. Appropriations Committee may review appropriation requests may and visitstate agencies Before Senate sessionbegins,the the Finance ClaimsCommittee and House the and chaplain for each house. are described inChapter law 3.The alsoprovides staffofficers of these for ofa appointment Speaker HouseappointsaChiefClerk ofthe aSergeant Houseand ofthe atArms. duties The PresidentThe Senate ofthe Senate ofthe appointsaSecretary aSergeant and atArms. The employees outorganizational carry and tasks. Legislativethe Administration Committees RulesCommittees the and to meet hire session Also during presession the period, legislative the leaders members the and appointed to House ofRepresentatives. committees Senate. ofthe Speaker The Houseappointsmembers ofthe to committees ofthe Senate Committee onCommittees approval appoints,withthe Senate, ofthe members to Committee members are appointed following presession the caucuses.Ingeneral, the a request to indicate person’s the preferences for committee standing appointments. After November the each election, person next willserve inthe who Legislature willreceive Presession Organization Representatives of House • • • • » » » » elected by appropriate the Officers HouseofRepresentatives: caucusofthe » » elected by HouseofRepresentatives: the Officers » » » » » » Minority Whip Majority Whip Minority FloorLeader Majority FloorLeader Speaker Pro Tempore Speaker of Representatives. day legislative ofthe House sessioninthe followingThe usuallytake activities place first onthe Convening the House of Representatives sessions ineach house. may business Other alsobeconducted. SeeChapter 9for more information aboutfloor Senate. day legislative ofthe sessioninthe followingThe usuallytake activities place first onthe Senate the Convening • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • rules for current the Legislature. previous rules ofthe The Legislature are adopted temporary asthe operating isadministered to representatives-elect. the constitutionalThe oath ofoffice Roll iscalled. day’s sessioniscalledto order by ofState. Secretary the first The that are indicated onaseating chart. Representatives-elect to report seats sitinassigned House Chamberand the resolutionsbills and occur. reading commitment and ofallpreintroduced introduced other and first The employment ofattachés (sessionemployees) Senate ofthe are read. to committees Legislative the and Administration Committee recommending Committee ofthe reports The onCommittees recommending appointments organized ready and for business. branches other the ofstate government Senate thatthe house other the and is PresidentThe Senate ofthe committees appointssmall,select to each notify of Welcoming speeches are delivered. appointed by President the Staff officers Senate ofthe are confirmed. elected. nominated presession atthe caucusesare officially Officers rules for current the Legislature. previous rulesofthe The Legislature are adopted temporary asthe operating isadministered to senators-elect. the constitutionalThe oath ofoffice Roll iscalled. day’s sessioniscalledto order. first The seats thatare indicated onaseating chart. Senators senators-elect and to report Senate the sitinassigned Chamberand

39 Montana State Legislature 40 The Legislator’s Handbook sessions ineach house. may business Other alsobeconducted. SeeChapter 9for more information aboutfloor • • • • • • • • • • Officers nominated at the presession caucuses are officially elected. nominated presession atthe caucusesare officially Officers bills and resolutionsbills and occur. reading commitment and ofallpreintroduced introduced other and first The Representatives isorganized ready and for business. branches other the ofstate government Houseof thatthe house other the and SpeakerThe committees Houseappointssmall,select ofthe to each notify of Welcoming speeches are delivered. appointed by Speaker the Staff officers Houseare ofthe confirmed. Procedures Legislative Six: Chapter

41 Montana State Legislature 42 The Legislator’s Handbook 6 5 which Legislature the operates. below. Thisinformation within isgeneral provides and anunderstanding framework ofthe MontanaConstitutionof the legislative that impact procedures are presented discussed and Constitutional provisions are overriding the authority thatmay beviolated. not Key provisions Constitution Montana Legislature, interim and are activities emphasized not inthischapter. during alegislative session.Provisions thataddress content the oflegislation,dutiesthe This chapter focuses “rules” onthe concepts related to rulesispresented. authoritiesAll ofthese are discussedinmore detailbelow. Finally, abrief overview ofimportant law.the committees. Attorney the and courts The General role alsoplay by animportant interpreting Committee rulesofprocedure are orguidelines setofrulesthatapplyto another specific outbyfleshed provisions down farther thishierarchy. authoritiesThese are listed inorder ofpriority. Aprovision level atone may beimplemented or Rules oflegislative procedures are governed by following the authorities: wrote: Paul foreword Mason,inthe to 1979 the editionof Legislature ofthe isimproved through efficiency The appropriate the useofprocedural rules. Introduction

The term “rules” is usedgenerically term The text rules(e.g., unlessthe JointRules). “rules” refers to specific Mason’s ManualofLegislative Procedure pleasant to work in. work intheir more and willmake litigationand and publicbodiesmore efficient A proper application rulesofprocedure ofthe willeliminate controversy, confusion • • • • • • • • • • Mason’s ManualofLegislative Procedure. adopted parliamentary authority parliamentary and and law; Montana statutes judicialdecisionsinterpreting and them; Rules); adopted Montana Rulesofthe Legislature (Senate Joint Rules,Houseand constitutional provisions judicialdecisionsinterpreting and them; 5 (2010 edition,p. 15). 6 thatgovern how Legislature the conducts itsbusiness Mason’s ManualofLegislative Procedure , 170 (1978)) merits ofpublicdisclosure, government operations and documents are to subject not publicdisclosure.” Op. (37 A.G. balancing may result right inone taking precedence. privacy of individual demands the “When clearly exceed the 7 (see Table 6-1). MontanaConstitutionThe requires extraordinary votes to approve types certain oflegislation VotesExtraordinary this request ispublic. Furthermore, once alegislator requests thatlegislationbedrafted, any information related to provisions,Based onthese mustbeopento meetings citizens. Publicnotice mustbegiven. Moreover, V, Article MontanaConstitution 10(3),ofthe section provides: 9, II,section MontanaConstitution ofthe Article provides: Right to Know legislation through letters, electronic messages. mail,orphone process inMontana.Citizens may alsoparticipate by communicating withlegislators about Committee hearings play acritical role legislative inthe citizen inenabling participation MontanaConstitution ofthe 8, II,section Article provides: Right of Participation Although thisrarely occurs during legislative the process, constitutional sometimes rights mustbebalanced; meetings, and allhearings and meetings, beopento shall public. the legislature sessionsofthe The committee ofthe and allcommittee whole, ofthe of publicdisclosure. except incases inwhich privacy ofindividual demand the clearly exceeds merits the deliberations ofstate ofallpublicbodiesoragencies government itssubdivisions, and No person bedeprived shall right ofthe to examine orto documents observe the beprovideddecision asmay by law. for operation inthe opportunity citizen prior agencies ofthe participation to final the right the publichas The to expect governmental to agencies afford such reasonable 7

43 Montana State Legislature 44 The Legislator’s Handbook governing how Legislature the operates. requirements These include: provisions V,Article 10, MontanaConstitution 6, 11,ofthe and sections contain specific some Other Matters Procedural Addressed by the Constitution Montana Constitution. Veto powers Governor ofthe procedures and are addressed VI, inArticle 10, section ofthe VetoGovernor’s Montana Constitution Propose to amendment constitutional convention Propose a calling trust fund Montana tobacco settlement incomeand deposited inthe interest ofthe one-tenth Appropriate principal and trustfunds management Appropriate noxious weed severance taxtrustfund Appropriate principal ofcoal Create state debt for nonhighway purposes Appropriate highway revenue Override vetoed bill a publicentity suitto Grant immunity from Type ofLegislation • • • • choose officers from among itsmembers; among from choose officers each isrequired house to keep ajournal, make rules for itsproceedings, and public; made every vote ofeach oneach member substantive questionmust berecorded and Table 8-1: Constitutional Extraordinary Vote Requirements Legislature ofallmembers ofthe 2/3 Legislature ofallmembers ofthe 2/3 ofeach2/3 house 3/4 ofeach house 3/4 ofeach house ofeach2/3 house 3/5 ofeach house each house ofpresent2/3 members of ofeach2/3 house Vote Required Art. XII, 4 sec. Art. 6 IX,sec. Art. 5 IX,sec. Art. 8 VIII, sec. Art. 6 VIII, sec. Art. VI, sec.10 Art. II,sec.18 Art. Art. XIV,Art. 8 sec. XIV,Art. 1 sec. Section Montana Constitution The rules booklet also contains the U.S. and MontanaConstitutions and rules bookletalsocontainsThe U.S. the for reference. source for legislators. that includes atableofcontents anindex. and index The makes thisbookletausefulreference rulesarethe adopted, rulesare the by published Legislative the Divisioninabooklet Services exceptions)(with orwithout resolutions untilthe for current the sessionare approved. Once legislative session.Traditionally, previous rulesofthe the Legislature are adopted temporarily Joint Rules,Senate HouseRulesare Rules,and adopted by resolution ofeach beginning atthe committees, rulesabout rules. and motions, legislation,flooractions, MontanaLegislature.of the Topics covered by rulesinclude these administration, decorum, source primary The ofinformation onhow Legislature the conducts Rules isthe itsbusiness MontanaConstitutionThe gives each authority the house to make rulesfor itsproceedings. Legislature Montana the of Rules related to Legislature the (see“LEGISLATURE” general inthe index to MCA). the Legislative Branch statutes. index The to MCA the includes several pages referencing sections (e.g., veto compelling oflegislation)and attendance the contains Title ofwitnesses. the 5,MCA, legislative session.However, statutes address procedures inresponse to by action Governor the Therethis handbook. are few provisions thatdeal strictly with procedural matters during the legislation, organization Legislature, ofthe topics other and addressed chapters inother of statutes,The MontanaCode Annotated (MCA), contain numerous provisions related to Statutes Montana MontanaConstitution. 3,ofthe III,section inArticle isspecified oathThe ofoffice • • • • • • • • concurrence oftwo-thirds ofallitsmembers; each may house expel for orpunishamember goodcauseshown withthe written request ofamajority members. ofthe Legislaturethe may beconvened inspecialsessionsby Governor the oratthe and than thatinwhich two the are houses sitting consent the without other; of the may house neither adjourn orrecess for more than3days orto any place other day to day compel and attendancefrom ofabsentmembers. a majority ofeach constitutes house aquorum.Asmallernumbermay adjourn

45 Montana State Legislature 46 The Legislator’s Handbook made in the MontanaLegislature inthe made require doesnot asecond. Senatethe HouseRules(2013) and and by private organizations, such found asthose inRobert’s RulesofOrder. For example, under Parliamentary procedures procedures the for legislatures are used different sometimes from of rules. a compilation practices ofthe precedents and oflegislative bodies,usuallystated form inthe Procedure coveredin allcasesnot by Senate, Joint, the orHouserules. Procedure rulesadopted the Under by MontanaLegislature, the Mason’s Manual of Legislative Procedure ofRules”. “Suspension ofRules”and about “Violations practice thatconflicts withany rulesviolates ofthese rules.Seebelow the for more information rulesadoptedThe take priority over custom, precedents. and usage, use ofatraditional The Legislature the Rules of the Montana Practices ThatConflict With priority over adopted the authority. parliamentary Procedure According to are arecognized source ofprocedural rules. traditionalThe practices thatfall into thiscategory Legislature Procedures Not Addressed by the Rules of the Montana description ofeach follow. type, itsplace and framework inthe MontanaLegislature, ofthe In bothhouses two categories oftraditional practices evolved. A Tradition is a parliamentary manual designed specifically for state legislatures. manualis The specifically manualdesigned isaparliamentary (2010) governs proceedings the Senate ofthe HouseofRepresentatives the and , custom, precedents and usage, take Mason’s ManualofLegislative Mason’s ManualofLegislative Procedure Mason’s ManualofLegislative business arebusiness the itsconducts how Legislature the of information on sources primary The Legislature. Montanarules ofthe Mason’s ManualofLegislative , a motion , amotion powers withreference ofcourts to legislative procedure. Judicial Branch islimited. of 71 Section Unlike legislation,rulesare to subject not veto by Executive the Branch, role the and ofthe MontanaConstitutionThe gives each authority the house to make rulesfor itsproceedings. Branch Judicial the by Interpretation respective rulesofthe the house. rulesareThe consistent withconstitutional requirements, Montanastatutes, JointRules,and everyone involved make facilitates and time bestuseoftheir the process. inthe participation available made and to orattendees participants atcommittee Thispractice meetings. helps rules ofprocedure how thatoutline acommittee willconduct rulesare The itsbusiness. posted rulesforThe each include house a chapter regarding committees. Committees often develop Committee Procedural Rules NationalConference the Legislative ormay Library beordered ofState from Legislatures. understanding reasons ofthe practices. rulesand behind Copies ofMason’s are inthe A review of Useful features manualinclude: ofthe or method ofprocedureor method result the and issought. that violatenot fundamental rights there and isareasonable relation between mode the or more rule,asadopted, ifthe just, ignore doesnot constitutional restraints ordoes impeached grounds onthe ruleswould other some that bebetter ormore accurate provision authorizing each to house determine itsrules of procedure cannot be A ruleofprocedure adopted by alegislative pursuant house to constitutional the scopewithin the ofitspowers. or governmental authority bodyhaving to make rulesfor itsgovernment acting and disturb willnot courts The onaparliamentary aruling by question made alegislative • • • • • • • • Mason’s ManualofLegislative Procedure an introduction covering principles law. ofparliamentary thatcategorizesa listofmotions common and motions; topics ofinterest;a tableofcontents that identifies questions; a brief index general and index userto thatenablethe lookupspecific Mason’s ManualofLegislative Procedure provides legislators withabetter addresses the

47 Montana State Legislature 48 The Legislator’s Handbook Op. 27 overruled Op. of35 6.) A.G. part so itisappropriate for each to raise question.(41 the Op. Op. Op. 35 7(1973), 27 (1985), A.G. 35 A.G. 6(1973). A.G. 41 A.G. 10 9 8 committeestanding to during meet aspecialsession. to ofamember convicted servewhen ofafelony,qualification power the and ofalegislative addressed Attorney inopinionsofthe General include ofterm implementation the limits, examplesOther ofquestionsrelevant to operations the Legislature ofthe thathave been State raised asimilarquestion. requirementsthe for reconvening Legislature the of Secretary inspecialsession.In1985,the Moore, Senate then Minority Leader, each asked Attorney the General for an opinion regarding For example, in1973, Senator NeilJ. Lynch, Senate then Majority Leader, Senator and Jim regarding questions oflaw. requester. ofthe questionsmustrelate These officials to office the state local and opinions to Legislature, the Legislature, ofthe house either specified other and state ofthe AttorneyThe isrequired and by law General to legalofficer isthe give written legal Opinions General’s Attorney during sessionmustbeopento the public. the MontanaSupremeThe Court before held caucusmeetings ruledthatpoliticalparty and Political Caucuses Party Legislativethe Council orEnvironmental Quality Council pursuant to any bill draft request. associated during documents drafting the process to and custody inthe documents inspect of judge’sThe order stated thatmembers publichave ofthe right the to examine draft billsand where matters privacy ofindividual are implicated”. beopento “should cases publicexamination, except billdraft9), the files specific inthose concluded right the thatunder to know provision MontanaConstitution ofthe II,sec. (Article bill draft request based onaLegislative Council rule.District Court Honzel JudgeThomas environmental onaspecific organization was deniedaccess anonprofit toIn 1994, afile Bill Drafts Legislature. summarized below to illustrate role the JudicialBranch thatthe plays operation inthe ofthe MontanaConstitution.the decisionsrelated court Some to constitutional the right to know are Court decisionsrequire Legislature the to change way the itoperates inorder to comply with MontanaLegislatureThe complies MontanaConstitution withthe Montanastatutes. and Associated Press v. MontanaSenate 172(1997). Republican Caucus, 286Mont. MontanaEnvironmental Information Center v. MontanaEnvironmental Quality Council, Cause No. CDV 95-207 (1995). The Secretary ofState Secretary The legislative the and leadership each have responsibilities related to convening aspecialsession, 10 9 8 occurs. taken action The by bodyisvalid the authority bodyhasthe asthe aslong to suspend legislative the When in violationofitsown bodyacts rules rules,impliedsuspensionofthe appealed to HouseofRepresentatives the by any representative. Rules Committee by 15representatives. HouseRulesCommittee decisionofthe The may be Interpretations HouseRulesby ofthe Speaker the Housemay ofthe beappealed to House the stands. ruling the ruling, the voting support members.additional After debate, questionisputto the avote. Ifatleast ofthose one-half isseconded motion ifthe by two mayA member appeal presiding decisionofthe the officer question [point]oforder”. by “Irisea questionoforder, stating to rises amember a addresses and presiding the officer of order mustberaised To questionispending. thatthe promptly time particular atthe raise procedure usedby to amember bring attention to rules.Aquestion apossibleviolationofthe For bothchambers, aquestionoforder (alsoknown asapointoforder) isaparliamentary Rules of Violations ismerely arequestinquiry for information may and bedebated not orappealed. requesterwill askthe to state respond willthen and to inquiry the question.Apointof the sayingand or“Irise “Irise for to apointofinformation”. apointofinquiry” presiding The officer House,alegislatorthe may make by addressing inquiry aparliamentary presiding the officer question aboutafloorprocedure orto seekinformation before aboutamotion Senate the or A legislator hasaright to understand questionbefore the legislative the body. To aska Understanding the Question foundation by taking following the steps: multiple sources ofwhich ofrules,some are unwritten. However, anew legislator canlay asolid expert” may inlightofthe particularly seemintimidating, prospectThe ofbecoming a“rules theLearning Rules: Tips and Concepts • • • • • • • • • • Understand following the basic concepts. Committees, orLegislative Divisioncommittee Services staff. Ask questionsofexperienced legislators, legislators Rules serveonthe who Montana Legislature or As questionsarise, answer lookupthe index the using to Rulesofthe the underlined, text and to bedeleted willbestricken.) Note proposed changes to rulesinintroduced resolutions. (New text willbe Read rulesfor the previous the Legislature prior to session. the Mason’s ManualofLegislative Procedure .

49 Montana State Legislature 50 The Legislator’s Handbook 11 bills uponatwo-thirds vote. JointRulesallow rules.The the suspend to house either arulegoverning suspend of handling constitutional orstatutory requirements. Approval by two-thirds voting ofthose isrequired to may house Either itsown suspend taken action asthe rulesaslong violate doesnot Suspension of Rules respective chamber. Legislative Procedure governs proceedings the covered inallcasesnot by rules ofthe the or Montanastatutes. BothSenate HouseRulescontain and arulethatMason’s Manualof rules the

Mason’s Manual ofLegislative Procedure 11 . The Legislature. The have doesnot authority the to violate MontanaConstitution the (2010 edition, sec. 284). (2010 edition,sec. and Resolutions and Policy Through Bills Public Making Seven: Chapter

51 Montana State Legislature 52 The Legislator’s Handbook the BillDraftingthe Manual. force oflaw. common Some types ofresolutions are described below. are Others described in Resolutions are Legislature ofthe actions for avariety ofpurposes. have Resolutionsdonot the Resolutions bypublished Legislative the Division. Services law. Afew types ofbillsare described below. are Others described BillDrafting inthe Manual A billisaproposal sponsored by alegislator to orrepeal amend existing law orestablish new Bills Resolutions and Bills of Overview initiated processes are addressed not inthishandbook. Citizens alsohave power the to create law oramend by initiative orreferendum. citizen- These This chapter explains how Legislature the makes publicpolicy through resolutions. billsand Introduction • • • • • • • • • • • • for appointments. Senate,In the Governor’s the simpleresolutions nominations are usedto confirm provideor otherwise for internal the affairs resolution. the adopting house ofthe Simple resolution. Asimpleresolution may beusedto rules the oramend adopt bill becomes law. Referendum. Abillthatorders avote approval and by electorate the before the be approved by voters. the Legislature, itisreferred to Montanavoters. Allconstitutional must amendments legislative referendum. billisapproved Ifthe by two-thirds members ofthe ofthe Constitutional Abillthatproposes amendment. aconstitutional by amendment penalties). Revenue bill.Abillthatincreases ordecreases fees, taxes, revenue (i.e., fines, Representatives. purpose. Appropriation billsmustoriginate Houseof inthe for aspecific Appropriation bill.Abillthatauthorizes expenditure the ofstate money General orrepeals bill.Abillthatamends statutes new orestablishes statutes. A few requirements additional instatute orruleare summarized below. requirements summarized below. Legislators beaware should constitutional ofthe MontanaLegislatureRules ofthe thatdeal withlegislation. Manual, which references selected provisions relating to billdrafting, provisions the and ofthe legislator may become more familiar requirements withthese by reviewing BillDrafting the A thorough review ofrequirements thataffect billsisbeyond A scope the ofthishandbook. Requirements for Bills: Tips for Legislators JointRules. inthe Authorized usesofajointresolution are specified • • • • • • • • • • • • » Joint resolution. usesofajointresolution ofthe Some are to: » » Statutes are effective October 1following passage approval and except for: 2 years after itseffective date. MontanaConstitution11, ofthe (including provisions the listed above) onlywithin A law may bechallenged ground onthe ofnoncompliance V, withArticle section or private corporation control the under not state. ofthe educational, orbenevolent purposes to any private private individual, association, An appropriation may for bemade not religious, charitable, industrial, as ageneral appropriation bill.) whatqualifies general and revision oflaws. constitution The clarifies codification appropriation billsfor billsand the title. (Exceptions are for made general which must beclearly expressed inits A billmay contain subject, onlyone purpose. introduction soasto change itsoriginal A billmay after beamended not » » » » » » » » » » » » » » » » » amend, adopt, orrepeal adopt, amend, JointRules; (usually January 1); (usually January statutes providing for taxation the orimposition ofafee onmotor vehicles laws appropriating for publicfunds apublic purpose (usuallyJuly1); approve construction ofastate building. rules; or request or repeal adoption, amendment, ofExecutive Branch administrative orproposeratify Constitution; to amendments U.S. the express sympathy to relatives ofadeceased legislator; arequestsend to astate agency, Congress, President; orthe request aninterim study; express for ordisapproval support offederal legislation; be drafted. bill orresolution requests thata alegislatorwhen process begins draftingThe

53 Montana State Legislature 54 The Legislator’s Handbook Under the current the Under 2019 willserveinthe who JointRules,anindividual sessionmay request: Limitations on Requests Drafting oragencies. Executive Branch officials eligiblerequestersThe listed above may request thatlegislationbedrafted request atthe of that billsorresolutions bedrafted: followingThe orcommittees individuals may request Resolutions MayWho Request Bills or process.the resolutionsand provides and astep-by-step overview of policiesthatgovernthe requesting drafting and ofbills that abillorresolution bedrafted. reviews Thissection draftingThe process alegislator beginswhen requests Introduction to Idea From TheProcess: Drafting • • • • • • • • • • • • • • » » Rules. resolutions, billsand other including committee bills, are Joint inthe established resolutions must berequested by 5p.m. 12thlegislative onthe day; deadlines for resolutions may berequested after 7, onJanuary noon 2019. Allgeneral billsand up to seven billsorresolutions after December 5.Onlytwo seven ofthese billsor and an unlimited numberofbillsor resolutions before 5p.m. onDecember 5,2018; an interim statutory orother legislative committee. committeea standing Legislature; ofthe or senators candidates orunopposed prior to alllegislators election, uponelection); a person entitledto next serveinthe Legislature sessionofthe (holdover orfalse alterationentry inabillorlaw. 45-7-208, (section MCA) to orimprisonment, knowingly makeIt isacrime, afalse punishableby afine appropriateof the may house approve exceptions to thisrule.(JointRule 40-70) rejected to abilldesigned accomplish purpose. same the RulesCommittee The A billmay beintroduced not orreceived after inahouse hasfinally thathouse » » laws thatprovide adifferent effective date. 1-2-201, (section MCA) statutes enacted during Legislature; aspecialsessionofthe or attorney, aneditor, reviewed by an resolutions are draft billsand Prior to introduction, to drafter. the Division, inaddition Legislative Services Director ofthe Executivethe andproofreaders,

drafter. Executive the and proofreaders, Director Legislative ofthe to Division,inaddition Services the Prior to introduction, draft resolutions billsand are reviewed by anattorney, aneditor, drafterThe may not: requesterthe orprovide background information related to bill. the Upon request permitting, time and drafter the may conduct research optionsfor identify and drafterThe will: Bill Drafting format the Manualestablishes style and guidelines. Legislative Divisionprior Services to introduction for proper format, style, legalform. and The JointRulesrequireThe resolutions thatbillsand bereviewed by staffofthe the unambiguous language. to translate objectives the proposed and requester policiesofthe into clear, concise, and based workload. onexpertise and drafter The technician isanimpartial is function whose Each request to isassigned aresearch Legislative the analyst orattorney Division Services from Services Bill Drafting transferred. person entitledto next serveinthe legislative session.Existing requests may be not After December aneligiblerequester 5,2018, may grant any unusedrequests to another • • • • • • • • • • • • • • prepare speeches ortestimony for legislators; individual or express personal orpromote thoughts self-interest; statutes to avoid conflicts, duplication,orconfusion. to decisionsthatneed identify by bemade requester the review and existing by requester the for information contact ifnecessary; persons identified requester the notify conflicts; ofthese potentialidentify conflicts withstate federal and constitutional provisions and applicable law; draft billorresolution the in accordance BillDrafting withthe Manualand through abillorresolution. make decisionsthatdetermine policy the to beimplemented orarticulated

55 Montana State Legislature 56 The Legislator’s Handbook resolution. responses to questionsposedby drafter the willbeasked and to review draft the billor After arequest isreceived, requester the willbeasked to provide guidance additional through resolution requesting aninterim study bedrafted. research analysts orattorneys Legislative ofthe Divisionormay Services request thata Requesters are who prepared not to answer questions may these askfor information from followingThe questionsare to designed alegislator help prepare abilldraft request. areabasically asubject mustbe ableto beassigned. to allow request the to beentered into Legislative the Automated Workflow System (LAWS)— Legislative Council information rulesrequire thatallbilldrafting requests provide sufficient Providing Direction to the Drafter • • • • • • • • • • • • • • • • • • local governments mustauthorize asource offunding.) whatexisting source itcome? should moneythe beraised orfrom (Mandates to solutionrequireDoes the money additional for implementation? How should about it? Doyou have acopy thatyou ofanarticle canprovide? any reference information thatyou are aware of. Where didyou hear or read proposedIs the solutionbased onanidea thatyou heard orread about? Provide provide thisinformation. legislation (state, the date, billorlawinformation number), to thatwillhelp find bill? Provide acopy legislation ifyou ofthe have Ifyou one. are aware ofany state another thatmay for serveasamodel your Is there legislationfrom make acopy return and original the to you.) a copy ifyou have (You one. may request thatLegislative Divisionstaff Services entityother thatmay orprovide serveasamodel guidance for your bill?Provide Is there or“draft adocument bill”prepared by acitizen, agency, lobbyist, orany existing statutes bechanged thatshould to achieve your proposed solution? government the should What action take to solve problem? the Doyou know of proposedWhat isthe solutionto problem? the What results are desired? hasexperiencedWho problem? the effects current ofthe law? What exactly problem isthe to besolved? Ifapplicable,whatare undesired the are bestserved by: tocan help ensure thatstate government thatalllegislators and resources are usedefficiently A requester may cancel arequest orplace before anytime iton“hold” introduction. Legislators requester statusofarequest. has aquestionaboutthe askedis being to take requester The action. contact should billdrafter the thatthe anytime status system says “Draft to Requester for Review” or“Draft Ready for requester the Delivery”, At various process, pointsinthe “ball the legislator’s isinthe court”. For example, the when list for (SeeChapter them. 13for information aboutLAWS.) this themselves Internet the using ormay askLegislative Divisionstaffto Services generate the to generate alistofrequests by requester statusofeach. the noting and Requesters may do Legislative the using Automated Workflow System (LAWS) Legislative onthe Branch website status ormove request the forward statusofbillscanbeeasily The ifneeded. monitored by requesterThe periodically should review alldrafts requested take and to action change the Monitoring and Changing the Status of Bills often casewithgeneral the rules,there are many exceptions; are most listed below. have beendrafted for allrequesters, remaining requests are drafted inorder ofrequest. As is billsorresolutions worked five on”. After in,first first the legislators next inthe sessionis“first persons willserve as who requests from five generalThe rulethatappliesto drafting first the Prioritization of Requests Drafting • • • • • • • • • • canceling requests for billsorresolutions thatare desired. longer no for members. other draft the Placing allows on“hold” effort. drafter the further to work onrequests astouncertain bestapproach the sure orisnot billorresolution thatthe merits drafter the notifying thata request be placed should legislator ifthe on “hold” is » » A request priority ahigher mustbeassigned jointlydirected when by: Division to priority assignahigher to 10billdraft requests. HouseMinorityand FloorLeader may each direct Legislative the Services PresidentThe Senate, ofthe Senate Minority FloorLeader, Speaker House, ofthe as ifitwere anew billdraft request for purposes ofprioritization. requester orifthe met not submitssubsequentrevisions, request the istreated requested revisions, request the retains itsoriginal priority. deadlines Ifthese are Council drafter the rulesfor notifying ofpotential revisions for and providing changes are requested inLegislative inaccordance withdeadlines specified may make changes to draft the priority. losing without time onlyone Ifthe After adraft billorresolution hasbeensubmitted for legalreview, requester the » » the Senatethe orHouse. leadershipthe asprovided ofbothhouses JointRules;or inthe

57 Montana State Legislature 58 The Legislator’s Handbook 5. 3. 2. 1. 4. Drafting Requests”orLegislative Council rules). for legalreview, request the may loseitspriority ifchanges are requested (see“Prioritization of timeframe. specified or forward draft the to legalreview requester the drafter ifthe withina heard hasnot from returns and instructions form signed the to drafter. the drafter The may draft putthe on“hold” information isavailable. information Ifthe is needed. available isnot for aday ormore, untilthe billisputon“hold” the may beviewed orcopied by any interested person. Legislative Divisionhasrelated Services to request the are publicinformation. information The through LAWS Legislative onthe Branch website. request The any and information thatthe Executiveor the displayed titleand short Director. request The issummarized inanunofficial Division. Request to Introduction: Step-by-Step returning and signing billby the deadline the request orthe willbecanceled. legislator mustcomply provided instructions withthe by Legislative the Divisionfor Services JointRules.Allpreintroduced inthe billsmustbesponsored by alegislator.specified The committee (including Executive Branch proposals) mustbepreintroduced. Deadlines are With afew exceptions, billsdrafted request atthe ofaninterim statutory orother legislative ofbillstoassignment may schedule committees hearings. sothatpresiding officers Preintroduction allows Legislature the to ground “hitthe by running” facilitating the legislative abillnumber. assigned sessionand Bills orresolutions drafted prior to legislative the sessionmay bepreintroduced before the Preintroduction

completing a form available from the Legislative the completing Divisionor by aform Services contacting the available from Request. review, form outthe to withaform. along indicate requester The appropriate the fills review. for to requester Draft Legislative Divisionattorney Services aneditor. and Once draft the hasbeensubmitted review to legal edit. and Draft services identified above. drafter The requester the willnotify ifinformation identified services orguidance Drafting. Services DivisionresearchServices analyst orattorney by Director the Legal ofthe Office Services displayed website. on -- assigned Request Aneligiblerequester may request thatabillorresolution bedrafted by The drafter The writes adraft billorresolution provides and billdrafting the Adraft ismailedordelivered to requester the for The draft The is reviewed corrected, and ifnecessary, by a The request The to isassigned aLegislative 6. 7. 8. 9. 10. section. sent tonot Governor the for appropriations The action. process isreviewed inasubsequent voters.of the measures These follow steps; same all,ofthe butnot most, however, they are Proposed constitutional referendum and amendments measures are to subject approval processThe appliesto outlined billsthatare proposed laws. Approved resolutions are laws. not Step-by-Step Overview process ingeneral terms. bill’s sponsor, information and aboutpreparation Figure ofamendments. 7-1 illustrates the billbecomesuntil the alaw. Itincludes astep-by-step overview process, ofthe oriented to the general the outlines This section process abillisintroduced time the for making alaw, from How a Bill Becomes aLaw Statements” later inthischapter). thatitispresentedtime for introduction (see“Information AboutBills:Fiscal Notes Other and statement impact isrequired, itmustaccompanyIf alocalgovernment billatthe the fiscal requesterthe orsponsor. requester.) Once billorresolution the isintroduced, itmay bewithdrawn not orcanceled by may begathered before introduction. for (Instructions preintroduction are provided to the house other the Clerk House.Signatures ofthe ofcosponsors orajointchief sponsorfrom representative may introduce abillorresolution by delivering itand signing itto Chief the introduce abillorresolution by delivering itand signing itto Senate. ofthe Secretary the A for preintroduction.) legislatoranother within2legislative days. (Before are sessionbegins,instructions the provided posted whenever isrevised document the oramended.

Director, any and corrections necessary to proper format, style, legalform and are made. review.Final introduction orpreintroduction. requester. to Notice and edit, the draft the text edit, and isposted to Legislative the Branch website. Anupdated version is available website. on Draft picked up, itisconsidered “delivered” mustbeintroduced and by requester the orby up bill. picks Requester (An appropriation billmay beintroduced onlyby arepresentative.) Asenator may Introduction. The draft The isreviewed drafter, the by proofreaders, Executive the and Except for appropriation bills,any legislator may introduce bill. the Anotice isdelivered to requester the providing for instructions Only the requester Onlythe may pick bill.Once upthe billhasbeen the After corrections have asaresult beenmade oflegalreview

59 Montana State Legislature 60 The Legislator’s Handbook PROGRESSE DIAGRAM FLOOR REFERRE 3RDR 2NDR COMMITTE COMMITTE COMMITTE LEGISLATIV HEARIN REPORT HOUS VET EADIN EADIN INTRODUCTIO ACTION INTRODUCE HOUS O E DT G HOUS E E E G G O IN EB Figure 7-1 BillMaking The Process E ILL D N CONFERENCE OF ST COMMITTE GOVERNOR VOTE EP HROUGH HO S E ROCES WA INTRODUCTIO INTRODUCE SENAT SENAT IN FLOOR REFERRE 3RDR 2NDR COMMITTE COMMITTE COMMITTE HEARIN E REPORT SENAT BILL SIGN INTO LA EB D N EADIN EADIN W ACTION IL TH L S DT E G E E E G G O E E. D. C. B. A. various points. committee place and itonsecond reading.from Alegislative bodymay reconsider at itsaction billmaythat hasthe approve to amotion refer billto the committee another ortake bill the billmayThe always not proceed through steps the inthissequence; for example, house the

may not be reported out of committee without the fiscal note.may bereported not outof committee fiscal the without committee note isconsidered report isrequired, adopted bill the uponreading. Ifafiscal Senate. inthe a motion HouseofRepresentatives, Inthe afavorable objection, without approved by committee, the isprinted dailyjournal. inthe isadopted report The upon Committee report. istaken. action further consideration by appropriate the move billdoesnot the house, beyond thispoint until acommitteeas amended”), isprepared. report committee Ifthe recommend doesnot by appropriate the (“do house pass”, “do pass asamended”, “do pass”, not or“do pass not may betaken by committee.) the committee Ifthe recommends consideration further day same on the hearing. asthe (SeeChapter 8for athorough that discussionofactions Committee consideration and action. able to explain istaken. action when amendment the usually drafted by committee the research analyst orattorney willbepresent who and executive move and action during amendment the executive are Amendments action. askacommitteeshould to member request bedrafted amendment thatthe before hearing executive and sponsordesires Ifthe action. to anamendment sponsor bill,the the if warranted. sponsormay The alsofollow upwithcommittee members between the floor,on the respond to any concerns raised by suggestamendments and witnesses, educate billisneeded, the members billsothatthey aboutthe canspeak to bill the proceed beyond thisstep. hearing The for isanopportunity sponsorto the explain why committeeThe hearing isacritical step process inthe oflawmaking. Many billsnever make aclosing statement. encourageshould to them avoid repeating testimony the others. ofthe Asponsormay If asponsorhasarranged for to anumberofindividuals speak asproponents, sponsor the atleast 1day inadvance committeeaids, the hearing. ofthe benotified should secretary members before testimony. sponsor’s the beginning to sponsorwishes Ifthe usevisual hearing. Asponsormay distribute copies ofawritten statement to allcommittee asearly appear sponsorcannot aspossibleifthe atascheduled benotified should hearingThe statement beginswithanopening by sponsor. the presiding The officer publictothe participate directly process inthe to and testify asaproponent oropponent. hearing. Committee house. first in the committeethe to which billhasbeenreferred the are announced by presiding the officer to referral committee. and house, first reading, First a billnumber. note billisassigned The isneeded. note for billifafiscal the House)requestsof the afiscal (President house ofthe Senate ofthe Clerk orSpeaker presiding House.The ofthe officer Senate. ofthe Secretary the Billssponsored Chief withthe by representatives are filed Introduction. The bill is signed by billissigned The with sponsor. the Billssponsored by senators are filed The committeeThe text withthe along report, ofany amendments The committeeThe apublichearing. holds for opportunity Thisisthe

Action byAction committee the taken isusuallynot The bill’sThe number, sponsor, and

61 Montana State Legislature 62 The Legislator’s Handbook P. O. N. M. L. K. J. I. H. G. F.

of billswith amendments. Deadlinesamendments. are Joint Rulesfor inthe established transmittal ofvarious types it isreturnedhouse, to original the requesting withamessage house concurrence in the form. proceeds billthen The to step T“Enrolling”. second inthe billisamended Ifthe by amended if not house, second the will have house, passed inanidentical both houses house. second Third reading, report. Whole the of Committee house. second reading, Second Committee report. conflicting provision ispassed. a coordination coordination The instruction. typically instruction voids aprovision ifa committee committee the sponsorand and to willneed providing anamendment adopt prepared. Ifthere live isanother billwithaconflicting provision, staffwillinform the the concurred“be not in”, concurred or“benot acommittee inasamended”), is report consideration by appropriate the (“beconcurred house in”, “beconcurred inasamended”, Committee consideration and action. considerationfurther by appropriate the house. designate acommittee to member billisrecommended asfloorsponsorifthe act for will committee the if afloorsponsorhasbeenarranged. Otherwise, presiding officer tohouse committee’s the beafloorsponsor. notify sponsorshould The presiding officer secondthe bill’s the house, sponsormay want to arrange for second inthe amember bill’sBecause the bepresent sponsorwillnot during Committee debate Whole ofthe in especially ifchanges were house. to made billincommittee the first floorofthe oronthe hearing. Committee to referral committee. and house, second reading, First work thatfacilitates completion within90days.) ofitsbusiness voting. (Compliance withtransmittal deadlines Legislature the helps to maintainapace of by receiving the onlyuponapproval house oftwo-thirds ofitsmembers present and types ofbillsare JointRules.After inthe established deadline, the abillmay beconsidered Transmittal. day. same on the Exceptbeen met. lastlegislative onthe day, second third and reading may take not place requirement.) third The reading vote determines thisrequirement ornot whether has (greater thanmajority) vote isrequired billwillnote inthe for bills.(Asection certain the Each vote member’s mustberecorded printed and journal. inthe Anextraordinary house. first Third reading, prevails, billremains the onsecond reading. legislation prior to Committee ofthe adoption the motion Ifthe report. Whole ofthe engrossed into itmoves billand the to third reading. may Amember move to segregate that includes amajority vote for afavorable recommendation, any are amendments report. Whole the of Committee considered, ifapplicable)isvoted bill(asamended, the on. debates may bill.Amendments the bemoved voted and on.After any are amendments house. first reading, Second The billistransmittedThe to Deadlines house. other the for transmittal ofvarious See step E. See step Thisprovides C. publicasecond the to opportunity testify, A billmay ordebated beamended not onthird reading. The CommitteeThe house sponsor’s inthe Whole ofthe See step H.Abillpassed onthird reading second inthe See step F. When aCommitteeWhen isadopted report Whole ofthe See step G. See step D. committee Ifthe recommends See step B. V. U. T. S. R. Q.

The GovernorThe three optionof using hasthe types ofvetoes: chapter.) State. PublicationofLaws” and (The later work inthis here; end doesnot see“Codification signorvetonot abill,itbecomes of Secretary withthe law after 10days. Alllaws are filed Governor’s action. transmitted to ofState. Secretary the bills goto Allother Governor. the journal.the billisaresolution, Ifthe referendum, billis the orconstitutional amendment, second ofthe itisrecorded billand signsthe house in presiding The house. other officer recorded and billissigned The house. journal inthe transmitted then and first the to the officers. presiding of Signature Enrolling. committee report. form same in the onthird reading. Thismay by bedone conference same the adopting bottomThe become billwillnot isthatthe line law approve unlessbothhouses bill the committee adopted isnot report by various house, either approaches may bepursued. step T“Enrolling”. conferees Ifthe approve donot acommittee conference orthe report recommends concurrence, uponafavorable vote onthird reading, billproceeds the to debated by Committee the ineach Whole ofthe Committee Ifthe house. Whole ofthe eacha majority committee committee ofthe the house, is members report from Conference committee report. rostrum. the announced from place and time The ofconference committee mustbeagreed meetings uponand committee votes separately. Senate ofthe committeepresiding chair isthe conference ofthe officer committee. Each Conference committee are meetings ofseparate jointmeetings committees. The may discussabillinitsentirety. conference committeeentirety ofdisputed amendment Afree orfurther amendments. committee may recommend acceptance orrejection ofdisputed intheir amendments conference committee islimited to consideration disputed ofthe The amendments. committee. Conference minority. the each majority the from one and chamber, twothree from from members, appointthe oftena conference second withthe presiding The house. officers usuallyappointsaconference house committeebe concurred first in,the requests and If aCommittee isadopted report Whole ofthe thatrecommends not amendments the third reading, billproceeds the to step T“Enrolling”. Committeethe recommends Whole ofthe concurrence there and isafavorable vote on considered by Committee the second ofthe amendments isfirst house If Whole. ofthe house. by first house second of amendments of Consideration

» » » » » » The billisprintedThe form inthe thatitwas approved by bothhouses. recommendations for amendment. Amendatory veto. Governor The returns billto the Legislature the with Item veto. appropriation. Disapproval ofaspecific Veto. Disapproval entire ofthe bill. If the GovernorIf the bill,it becomes signsthe law. Governor Ifthe does Unless a free conference committeeUnless afree hasbeenappointed, the

If aconference committee isagreed report to by The enrolledThe of billisdelivered to presiding the officer

Concurrence withthe

63 Montana State Legislature 64 The Legislator’s Handbook trained staffare to necessary write that result amendments inclear consistent and laws. appearamendments to work behind-the-scenes besimple,some careful and review by clear consistent; and attention. same deserve the amendments Although many suggested isdevoted effort and of time to drafting resolutions billsand sothatMontana’s laws canbe If approved, to anamendment proposed ofthe abillbecomes part law. Asubstantialamount coordinatoramendments Legislative orthe house for member’s Division. the Services Any legislator sure isnot who to whom contact for drafting amendment may contact the expertise. are amendments bill.Sometimes the amends to assigned staffbased other onworkload and for Committee the oraconference Whole ofthe committee committee standing untilanother committee thatisconsidering bill.Thatperson the continues to draft to amendments bill the areAmendments always almost drafted by research the analyst orattorney to assigned the drafterthe by inperson, phone, orby electronic mail.) notea short having and itdelivered to drafter the by apage. (The legislator may alsocontact bill.Thisiseasily onthe action by done coordinator contacting amendments the orby signing DivisionstafftoServices prepare before bedone Thisshould amendment. the bodytakes the written by alobbyist, agency staffmember, orany person) other mustauthorize Legislative A legislator to wishes who move (including anamendment thathasbeen anamendment or any person other alegislator. isnot who authorizednot to draft request atthe amendments ofacitizen, lobbyist, agency staffmember, mayBecause anamendment beconsidered by ismade onlyifamotion alegislator, staffare requestthe oflegislators. following (Seethe for section to amendments appropriation bills.) areAmendments drafted by Legislative Divisionresearch Services analysts attorneys and at Services Drafting Amendment X. W.

members ofeach vote house to override veto, the billbecomes the law. State mustconvey veto the members. pollthe and Iftwo-thirds message ormore ofthe was originally approved by two-thirds members ofthe ofeach of Secretary the house, membersof the ofeach present. house Legislature Ifthe bill the insessionand isnot override. Veto billgoesbackThe to step V. Consideration Governor’s of amendments. » » » » rejected by Legislature. ofthe orbothhouses one reading by or bothhouses; recommended for approval onsecond reading approved and onthird The LegislatureThe may override aveto oranitem veto by atwo-thirds vote Governor’s may amendments be: Representatives. of each subcommittee Houseof ofthe isamember jointsubcommittees.)list ofthe presiding The officer House Appropriations Committees. (Seeinset for a of members Senate ofthe Finance Claimsand and isreviewedsection by asubcommittee consisting Each withsimilarfunctions. budgets ofagencies billisdividedintoThe composed sections of the following bills. other aprocess thatisdifferent from House BillNo. 2necessitate billisreviewed thatthe areagencies size The made. complexity and of of appropriations state thatfund government Bill No. vehicle 2)isthe through which majority the generalThe appropriations bill(by tradition House Bill Appropriations General general bills.Current establishadeadline rulesdonot for requesting appropriation bills. Representatives. Deadlines for transmittal ofappropriation bills are later deadlines thanthe for All appropriation billsmustbesponsored by arepresentative introduced and Houseof inthe training materials for legislators. Legislative the Fiscal Division,whichinformation prepares may from beobtained excellent providesThis section general information appropriation aboutthe process. More detailed Process Appropriation The areAmendments reviewed by legislative technical editors. Staffperform following the services: • • • • • • • • • • • • • • order to accomplish requester’s the goal. if desired, that are amendments suggestadditional ordesirable necessary in and that require clarification; review entire the proposed billinlightofthe to amendment any identify portions ensure compliance withformat style and guidelines; conflict; for need the coordinationidentify provisions when instructions oftwo bills that any changes are consistently made inorder to avoid conflicts laws; inthe review entire the references billand to thatoccur sections laws inother to ensure MontanaConstitution; billinviolationofthe the evaluate would amendment the ornot whether change original the purpose of order to comply MontanaConstitution; withthe ensure thatchanges by made are anamendment reflected bill’s inthe titlein Judicial Branch, Law Enforcement, on Appropriations Joint Health and Human Services Natural Resources and Long-Range Planning Subcommittees General Government General Transportation and Justice Education

65 Montana State Legislature 66 The Legislator’s Handbook coordinator, Legislative the Fiscal Legislative Division, orthe Division. Services For to amendments appropriation other bills,alegislator may contact amendments the Division. Legislative the Fiscal toAll amendments analysts HouseBillNo. from 2are drafted by fiscal Amendments between committees standing budgetcommittees. the and Finance ClaimsCommittee and HouseAppropriations orthe Committee ormay bereferred path asany bill.Billsmay other bereferred to committee standing another orto Senate the appropriations, known as“cat dogbills”, and billsthatcontain followOther specific same the Committee. Subcommittee onLong-Range before Planning they are referred to HouseAppropriations the Certain appropriation billsare traditionally considered by JointAppropriations the Appropriations Other duringtimes session. legislative ofthe beginning HouseBillNo. the session, and 2Narrative, available atcertain for appropriation the process, including Legislative the BudgetAnalysis, available at the LegislativeThe Fiscal Divisionproduces several thatprovide documents usefulinformation follows: Traditionally, steps the for consideration ofHouseBillNo. 2during legislative the sessionare as • • • • • • • • • • • • • • conference committee process the report, asfor same isthe bills. other been approved anappropriation. without free the adopt bothhouses When thathave impact billinorder the amending to billswithafiscal other implement Free Conference conference Committee. committee free The may recommend third reading. considered Committee inthe considered then Whole, ofthe by Senate the on Consideration by Senate. billisdebated, The any and are amendments to reports billand the amends Senate. the Consideration by Senate Finance ClaimsCommittee. and committee The Transmittal to Senate referral and to Senate Finance ClaimsCommittee. and on third reading. Committeethe considered then Whole, ofthe by HouseofRepresentatives the Consideration by HouseofRepresentatives. billisdebated The in amended and substitute billfor consideration by Committee the Whole. ofthe Consideration by HouseAppropriations Committee. committee The prepares a subcommittees agency public. the staffand hear testimony from Review recommendation and by appropriations jointsubcommittees. The illustrated: anexisting oflaw section are strickenWords billorfrom the as thatwillbedeleted from Stricken Words capital letters, asillustrated: Words thatare to added abillby after amendment introduction are underlined printed and in Underlined and Capitalized Words incurrentlanguage law underlined, isnot asillustrated: New words thatare to beincluded inanexisting oflaw section are underlined, whilethe Underlined Words reasonsthe for law ofthe enactment considered butisnot law. ormoreone clauses thatbeginwith“WHEREAS”. preamble The statement isapreliminary of billsinclude some Resolutions and apreamble. preamble The follows includes titleand the Preamble an overview ofwhatisproposed. titlemustclearlyThe summarize contents the bill.Reading ofthe titleisagood way the to get Title A few tipsfor reading abillfollow. How to Read aBill and monitoragency functions An interimcommittee shallreviewadministrativerules AND DRAFTLEGISLATION An interimcommitteeshallreviewadministrative rules and draftlegislation An interimcommitteeshallreviewadministrativerules . . .

67 Montana State Legislature 68 The Legislator’s Handbook divided into parts. MCAThe isdivided into titles.Titles dividedinto are further chapters. Chapters are further NumberingMCA section. bill. Legislators may ask committee staffto provide withacopy them text ofthe repealed ofthe mustalsobelistedsections text title.The inthe repealed ofthe included isnot section inthe which contains“repealer”, repealed alistofthe catchlines. their and sections Repealed billproposesIf the to repeal of existing sections law, itwillinclude aseparate labeled section Repealer indicate nonsubstantive changes. archaic Therefore, existing inthe language MCA. underlined ofthe some stricken and text may formatthe style and Bill Draftingin the guidelines Manual. This is also a means of “cleaning up” required to changing without language, the amend itsmeaning, to asnecessary comply with Whenever ofexisting asection law inabill,Legislative isamended Divisionstaffare Services Nonsubstantive Changes byestablished bill. the canbeessentialto interpreting policy the toAn understanding ofapplicabledefinitions be chapters, orsections. parts, thatapplyto specified oflaw sections Some contain definitions Definitions textThe ofanew underlined isnot during section unlessitisamended legislative the process. asillustrated. oflaw.section Anew isidentified section ofexistingsection law (anumbered MCA), ofthe section may orasection propose anew Each billisbroken into may Asection include sections. proposed to amendments asingle Sections written reportstothelegislativecouncil. council. Eachinterimcommitteeshallprovideperiodic NEW SECTION. Section2.Reportstolegislative return analysis the unlessanextension is granted by presiding the officer. note BudgetDirector bill. The the request has6legislative isreceived days after to fiscal the Program ofBudget and incooperationGovernor’s Planning affected withagencies Office by notesThe are prepared direction atthe Governor’s ofthe BudgetDirector by staffofthe the by: presiding officer note may alsoberequested throughstaff. the Afiscal recommendationthe ofLegislative Division Services note, based on determines for need the a fiscal officer ofintroduction. time atthe house of the presiding The Fiscal notes mustberequested by presiding the officer county, oramunicipality. liability state, ofthe revenue,the a expenditures, orfiscal note mustbeprepared for every billthataffects a fiscal Except dollaramount, for billsthatappropriate aspecific state liability. orlocalrevenue, expenditures, orfiscal note isananalysis ofabill’s on dollarimpact A fiscal Fiscal Notes Statements Other Information About Bills: Fiscal Notes and aa-bb-ccc: section MCA the number. title,chapter,The section For canbedetermined MCA the part and from there are several isdevoted parts ofthese One parts. to asbestos control. numerous chapters; (chapter ofthese one 2)isdevoted to airquality laws. Within chapter 2, For example, laws the inTitle 75 deal withenvironmental protection. Within Title 75, there are • • • • • • • • • • • • the chiefthe bill. sponsorofthe or a majority members ofthe considering house ofthe billonsecond the reading; a committee considering bill; the refers “c” to number. part the first the “bb” refers to chapter the and number; “aa” refers to title; numberofthe the fiscal liability. fiscal expenditures, or or localrevenue, onstateimpact a bill’s dollar an analysis of note isA fiscal

69 Montana State Legislature 70 The Legislator’s Handbook note. requested. note process The asfor same isthe requesting for afiscal requesting arevised fiscal note may be arevised impact, fiscal If adopted to amendments billmay the change itsfiscal Division. If asponsorwould like assistance inany steps, ofthese please contact Legislative the Fiscal ProgramBudget and Planning. of Office the Background note may from beobtained information usedindeveloping afiscal referredand to committee the considering bill. the note rebuttal form beprinted, directs fiscal thatthe distributed,rebuttal, presiding the officer within4days note unlessanextension isgranted.officer Uponreceipt fiscal sponsor’s ofthe note rebuttal to elects A sponsorwho note mustsubmitthe prepare to afiscal presiding the sponsor concurs. distributed, referred and to committee the considering the ornot whether bill.Thisisdone the note beprinted, directs fiscal thatthe After presiding limits,the applicabletime the officer bill. the resolvehelp note any misunderstandings by or sponsororpreparer the concerning fiscal the note. Thismay note Programand preparer withthe fiscal ofthe to Planning fiscal discussthe ofBudget note conclusionsthe isencouraged represented to contact Office the fiscal inthe note agree billordoes not onthe with understand doesnot fiscal either the A sponsorwho sponsormust: the Within 1day ofnotification, sponsor. the notifies who note to presiding the officer, BudgetDirectorThe fiscal submitsthe notetechnical may benoted. defects assumptionsusedto the and prepare fiscal the note may contain not comments merits oropinionsonthe bill;however, ofthe fiscal The note shows, possible: when indollaramounts A fiscal • • • • • • • • • • • • • • notify the presiding officer that the sponsor concurs. thatthe presiding the notify officer note; or toelect prepare own sponsor’s fiscal the ask to consult BudgetDirector; withthe pension implications. implications;and long-range financial costs thatmay beabsorbed funds; additional without estimatedthe increase ordecrease inrevenue orexpenditures; within the framework of the MCA. MCA. ofthe framework within the Legislative compilation Divisionstaffinthe Services ofnewly enacted laws laws amended and Legislative withinthe CodeThe Division, directs Services the Commissioner, astatutory officer Montana Code Annotated (MCA) MCA. inthe tablesshowingand where each new ofevery section billhasbeencodified laws affected, cross-references between chapter billsand numbers, tablesofeffective dates, SessionLawsThe session contain tablesofMCA affected sections previously and uncodified Laws”. soon aspossibleby Legislative the Divisioninasetofvolumes Services known “Session asthe Legislature asessionofthe Publication ofallchapters isaccomplished as resolutions and from introduction are and given not chapter numbers. Resolutions are cited by by numberassigned the Senate the of time Houseatthe orthe a chapter numberto each order inthe act thatitisreceived by ofState’s Secretary the office. ofState. Secretary withthe ofState Secretary The assigns referendum, legislationisfiled the Immediately following approval ofalegislative oflegislationoradoption orconstitutional Session Laws Laws of Publication and Codification an extension isgranted by presiding the officer. statement impact request isreceivedlocal government to fiscal prepare statement the unless government orschool district affected by BudgetDirector bill.The the has10days after the estimateThe mustbeprepared by BudgetDirector the incooperation local withthe orfacility.service, activity, the means to finance for adirect expenditure aspecific without funds ofadditional statement mustaccompany any billthatimposesarequirement onalocalgovernment unit At billispresented thatthe time the impact for introduction, alocalgovernment fiscal GovernmentLocal Fiscal Impact Statement website “Look under UpBillInformation”. note requests are available forof fiscal each LAWS billonthe Legislative ofthe section Branch Fiscal notes are available wherever notes billsare status the and distributed. text The offiscal

71 Montana State Legislature 72 The Legislator’s Handbook History Final and Resolutions. StatusofBillsand legislativethe sessionare journals the for each MontanaLegislative the house, Review, the and publicationsthatareOther usefulto want who those to recall orlearn during whathappened Publications Other titlesindex. incode, short and apopularnames and index ofwords phrases and defined reference, index The iscomposed ofageneral to by index, subject, allmaterial an codified. indexThe to MCA the MontanaConstitution the and provides userwithaconvenient the publications. digests ofAttorney General’s citationsto opinions,and law review legislative and articles comments, summaries, amendment casenotes, references toofficial administrative rules, incorporate annotations The background materials related to statutes, the including pertinent legislative history, any and comments compiler’s cross-references and to related code sections. laws deleted, statutes amended and updated. MCA inthe Anentry includes statute, the its A new code editionofthe isprinted every odd-numbered year, withnew laws repealed added, MCAMontana. The intwo ispublished code the to annotations the itselfand parts: code. the MCAThe systematic isthe arrangement ofallpermanent state laws currently ineffect in Committees Standing Eight: Chapter

73 Montana State Legislature 74 The Legislator’s Handbook administration, rules. and 12 appointed by Committee the onCommittees, approval withthe Senate. ofthe are Senate,In the vice and presiding committee officer members apresiding and officer Appointments for 65thLegislature the are listed inTable 8-1. each Legislature. ofthe house Committees established committees standing The are rulesfor inthe established Legislature Standing Committees of the Montana committeeA standing plays akey role legislative inthe process following in the ways: Role of Committees rules. rules.Legislators these Legislature are may bedifferent to advised consult from adopted the This information isbased rulesadopted onthe for 65thLegislature. the rulesfor The 66th the addressed here. matter. subject assigned Certain committees Legislature. Itfocuses committees onstanding regularly thatmeet to hear billsonthe This chapter provides background information committees aboutstanding Montana ofthe Introduction Committees withdiffering responsibilities include thatdeal those withappropriations, ethics,legislative • • • • • • • • democracy. providing for anopportunity citizens to workings observe the ofarepresentative recommending passage the ordisapproval ofbills;and proposed legislationregarding committee’s withinthe subjects purview; collective the using expertise ofitsmembers to review, analyze, amend and legislative process; forum primary asthe for face-to-faceserving by participation citizens inthe 12 have differing responsibilities thatare not legislative process. play akey role inthe committeesStanding to attend ofcommittees meetings the to which they are assigned. possibility ofconflicts between committee making meetings, itpossiblefor legislators staff and regular place and time for duration the legislative ofthe schedule session.The minimizes the call”, 3,or5days whileothers 2, meet aweek. Mostcommittees are scheduled to ata meet workload House.The the varies committees. widelyamong committees Some “on onlymeet Committees hear onbillsreferred act and by President the Senate ofthe Speaker orthe of Schedule and Workload Leader. appointed by taking into consideration recommendation the HouseMinority ofthe Floor is minority The vice minority and presiding vice officer presiding officer. presiding officer, SpeakerThe vice Houseappointscommittee ofthe members apresiding and officer, Select CommitteeSelect onJudicialAppointments Taxation State Administration Rules Public Health, Welfare, Safety and Natural Resources Local Government Legislative Administration Judiciary Highways Transportation and Fish Game and Finance Claims and Ethics Energy Telecommunications and Education Cultural and Resources Committee onCommittees Labor,Business, Economic and Affairs Agriculture, Livestock, Irrigation and Senate Table 8-1 Standing Committees of the 65th Legislature 65th the of Committees Table Standing 8-1 Fish, Wildlife, Parks and Ethics Energy, Technology, Federal and Relations Education Labor and Business Appropriations Agriculture Transportation Taxation State Administration Rules Natural Resources Local Government Legislative Administration Judiciary Human Services House

75 Montana State Legislature 76 The Legislator’s Handbook the minoritythe vice presiding officer. members ofHousecommittees. For example, minority members may give proxy their votes to orranking serves asacontact member for minority the minorityThe vice presiding officer Minority Vice Presiding Officer/Ranking Member isabsentorpresenting abillto committee. the officer presides over majorityThe committee vice presiding officer presiding the when meetings forone minority. the party, Housecommittees and have for one majority the two had and vice presiding officers, majority the In past sessions,Senate committees from have vice one had presiding officer, Majority Vice Officer Presiding isresponsible for: committeeThe presiding officer Officer Presiding Roles of Officers and Staff • • • • • • • • • • • • • • • • • • • • appointing subcommitteesappointing ifneeded. and impact; orchangespossibly adds fiscal of Representatives for billsfor which committee the that passed anamendment berequestedshould by President the Senate ofthe Speaker orthe House ofthe ensuring note committee inthe and isneeded thatanew report orrevised fiscal committeeauthenticating committee and reports minutes by and them signing compliance withapplicablerules; directing committee the to secretary provide notice ofcommittee hearings in isrequired; one when hearingthe incoordination availability withthe note measure’s ofthe fiscal scheduling hearings for resolutions billsand asoften and, aspossible,scheduling possible sothatabacklog occur; doesnot resolutions ensuring and thatproposed legislationisacted onassoon monitoring committee’s the workload pace the and on billsand ofaction questionsoforder;deciding presiding over meeting; the ordermaintaining committee inthe room vicinity; and directing committee staff; generally committee managing work; The researchThe analyst orattorney performs following the dutiesfor committee: assigned the committees orjointsubcommittees thatdeal withappropriations. Legislative the Fiscal to Divisionisassigned analyst from committees.standing Afiscal A research Legislative the analyst orattorney to Divisionisassigned Services most from Committee Analyst, Research Fiscal Analyst, or Attorney committeeThe ishired secretary by appropriate the Legislature. ofthe house larger room for acontroversial committee bill),the becontacted. should secretary If acommittee for orbillsponsorhasspecialneeds member room ameeting (e.g., equipment, committeeThe isresponsible secretary for: Committee Secretary • • • • • • • • • • • • • • • • • • • • • • • • • • • • committee. information to pertaining billsorresolutions consideration under by the committee the assisting committee or an individual inobtaining member providing answers to questionsaboutrulesofprocedure; and BillDrafting ofthe guidelines Manual; of conflict withorduplicationofexisting provisions, compliance and withthe to committee the regarding constitutionality, internal consistency, possibility the reviewing resolutions bills and to assigned committee the providing and advice drafting any committee bills; committee for consideration onsecond reading; drafting to amendments billsorresolutions thathave beenacted onby the drafting proposed before amendments committee onabillorresolution; action ensuring room meeting thatthe isready. preparing minutes for committee and meetings; notes for billsreportedcommittee outofcommittee; withfiscal along resolutions ofallbillsand referred to anotebookmaintaining the orfile committeethe reports; preparing committee ensuring and reports are that amendments contained in recording committee votes; arecordmaintaining ofwitnesses; billsponsors ofhearingnotifying dates times; and providing notice ofhearings asdirected by presiding the officer;

77 Montana State Legislature 78 The Legislator’s Handbook anticipated absences leave and awritten proxy appropriate with the committee member. legislativeother of Committee business. presiding the members notify should officer must misscommittee inorder meetings to present abillto committee another orto conduct Legislators are expected to attend committee their however, meetings; members sometimes House Minority FloorLeader may count toward aquorumifthey establishing are present. House ofRepresentatives, Speaker the HouseMajority House,the ofthe FloorLeader, the and minority floorleaders may count toward aquorumifthey establishing are present. Inthe A quorumisamajority members ofthe committee. ofthe Senate, Inthe majority the and informed. before testimony beginning sothatamajority ofmembers have to opportunity the become requiredquorum isnot to hear testimony. However, often wait for aquorum presiding officers A quorummustbepresent inorder to take including action, bringing to ameeting order. A Quorum and Attendance Committee members may speak onlyafter recognition by presiding the officer. Dialogue appropriate topic heading. General information aboutprocedure ispresented immediately below aswell the asunder consistent withany applicablerequirements. thatcanbedistributedor guidelines to citizens, lobbyists, others. and rulesmustbe These rules for each isdedicated house to committees. Committees often procedural adopt rules authoritiesThe governing legislative procedures are described inChapter Achapter 6. ofthe Rules of Procedure of hearings. orattorney analyst, draft research the and amendments, provide cannot notice fiscal analyst, together; however, each duties. For hasdistinct example, committee the cannot secretary committeeThe analyst orattorney research committee the and orfiscal work secretary matters. fiscal and focusing appropriation onthe process analyst performs similarduties,specifically fiscal The that hasalready beengiven by preceding witnesses. proponents Witnesses opponents. and may beencouraged to avoid testimony duplicating for oftime amount testimony, may allocate to aspecified bedividedequallybetween officer associated proposed withthe legislation. Inorder to make presiding the bestuseoftime, the Hearings may vary considerably complexity onthe depending inlength or level ofcontroversy sponsor, the lobbyists, citizens. other experts, and from pros,the cons, potential and effects ofproposed legislation Hearings provide for anopportunity members to learn about HouseRulesencourageRules and anotice of3days. notice hearing ofthe mustbegiven. current The Senate Hearings Public are scheduled by presiding the officer. Hearings sessions. during dailyfloor the announcements by presiding officers can remain apprised ofcommittee by meetings listening to notice and mustbeprovided.public, Committee members law.open meetings mustbeopento Allmeetings the oflegislativeMeetings committees are to subject Montana’s Committee Meetings to subject appealA questionoforder to isdecidedby committee. the presiding the officer, Question of Order reflected and or through two ofthe one minutes. inthe vice presiding officers House Rulesauthorize committee members to vote by proxy, by either astandard using form reflected minutes. inthe legislative inother engaged Thisauthorization business. for absentee orproxy vote mustbe Senate committees may, by majority vote, authorize senators to vote inabsentiawhen maymember request aroll callvote. All votes mustberecorded. Votes may betaken by voice, show orroll ofhands, call.Any Voting opponents. proponents and equally between to bedivided for testimony, oftimeamount allocate aspecified mayofficer presiding the time, bestuseofthe In order to make

79 Montana State Legislature 80 The Legislator’s Handbook .Steps hearing inthe process are detailedbelow. • • • • • • • • • • before executive istaken. action committee may member askthatinformation be provided to committee the questions ofothers. know doesnot Ifawitness answer the to question,a the answers their to may questionsand the Witnesses ask not mustconfine addressed by anamendment. a concern proposed aboutthe witness’s legislation ifthe concern could be A committee may member to usethisopportunity hasraised who askawitness ask aquestionofany appropriate person. out oftown to testify). However, may authorize to amember presiding the officer may bepresent onlyfor hearing the (e.g., constituents have who traveled from isallocatedtime to who those questioning members or staff. This practice ensures that questions to are who those committee not Committee members usuallydirect their question asked. for eachapproval presiding ofthe officer butmustseekthe dialogue withwitnesses, inafree-flowing engage not should billorresolution.the Committee members room.the questionsmustbe related The to sponsor,the orothers witnesses, present in committee members may askquestionsof toSubject approval by presiding the officer, byQuestioning committee members. asaproponentwitness oranopponent. may designate such a presidingthe officer in oppositionto proposed the legislation, hasspoken witness that the infavor ofor determines presiding ifthe witness, officer hearing testimony the ofaninformational Executive Branch program thatisaddressed by proposed the legislation.After or resolution. For example, anemployee may provide facts dataaboutan and for purpose the ofproviding information thatisrelevant to proposed the bill Statements ofinformational Aninterested witnesses. person may testify solely Testimony by opponents. proponentwith the introduced by sponsorifapplicable. the Testimony by proponents. Proponents billorresolution ofthe testify, beginning person to testify. first the by be sponsorshould the issue to attention. sponsor’s the person The identified statement.opening Asponsormay introduce aperson brought who billor the statementOpening ofsponsor. billorresolution sponsorofthe The presents an

that appropriate Except for bills or amunicipality. state,the acounty, liability offiscal expenditures, or revenue,affects the for every billthat must beprepared note afiscal amount, dollar a specific for committees some allow by objection without ofwitnesses questioning committee. the governing committee of observers questioning varies to committee. from procedural The rules executiveThe sessionisopento action apublic hearing. publicbut isnot the procedures The Questions necessary. ofacommittee may although subpoenaawitness, thisisrarely presidingThe officer statements. impact notes localgovernment and See Chapter 7for more fiscal information aboutfiscal accompany thatitispresented time billatthe the for introduction. activity, the orfacility. service, means to finance statement impact The must a specific requirement onalocalgovernment unitfor adirect expenditure without funds ofadditional statement impact mustbepreparedA localgovernment for any billthatimposesa fiscal note mustbepreparedmunicipality. before billisreported the fiscal The committee. outofthe liabilityevery state, ofthe billthataffects revenue, the acounty, expenditures, orfiscal ora note mustbeprepared for Except afiscal dollaramount, for billsthatappropriate aspecific Information During executive the committee: session,the action Executive Action on Bills • • • • • • • • • • closing statement ormay waive thisright. statementClosing ofsponsor. billorresolution sponsorofthe The may make a acts onproposedacts to amendments resolutions. billsand or attorney; and asks questions,ifthere are any, committee ofthe analyst, research fiscal analyst, resolutionsdiscusses billsand consideration under ifdesired; drafted. information related to billorresolution the orfor proposed to amendments be committeethe research analyst orattorney desire for member’s ofthe additional hearing onabillorresolution for isagoodtime acommittee to member notify will take executive onabillorresolution. action Immediately following the may announce committee the when hearing. the Closing presiding The officer

81 Montana State Legislature 82 The Legislator’s Handbook work session oreducationalmeeting. are encouraged to workpresiding officers withcommittee staffifinterested inorganizing a want to schedule aninformation presentation early legislative inthe session.Legislators and Foractions. example, acommittee thatexpects to hear several billsonacomplex topic may A committee may to meet discussbills,resolutions, matters, orother yet take official no Work Sessions Other Committee Activities type. are noted. Allmotions debatable unlessotherwise steps. are motions These indicated symbol withthe are tableand “✗”inthe displayed inregular they canwaste valuable during time floorsessions,create confusion, orrepresent unnecessary Certainfor are purposes motions the ofcommittee discouraged because are action listed first. Motions for committee are action listed inTable 8-2. Motionsto disposeofabillorresolution appropriate Committee Whole. ofthe Committeeamended. are actions recommendations, to subject orapproval action by the resolution. are Ifamendments approved, committee the proposed onthe acts legislation as After allproposed are amendments moved acted and istaken upon,action billor onthe Recommendation and Action Committee members canavoid delays orpossiblereconsideration ofexecutive action. BillDraftingthe Manual.Byrequesting before amendments executive committee action, are clear, complete, internally consistent, conflict donot laws, withother comply and with appearamendments to to need besimple,the bedrafted by committee staffto ensure they must prepare have and allamendments edited. amendments the suggested Whilesome a committee orattorney analyst, canbegenerated, report research the fiscal analyst, research analyst orattorney before executive when meeting the istaken. action Before beprepared should Amendments by committee the or resolution during executive action. Committee members may move to amendments abill Amendments articulate astandard for fairness. committeethe procedural committee rules,the can Byaddressing thisissuein presidingof the officer. committeesOther leave thismatter to discretion the the Whole. the Committee of appropriatethe or approval by tosubject action recommendations, areactions Committee 4 JointRules. the ofallcommitteefourths members. Adeadline for requesting committee in billsisestablished A committee may request thatlegislationbedrafted introduced and uponavote ofthree- Committee Bills moved by committee anindividual member. proposed are amendments These amendments. treated way same inthe asamendments A subcommittee may beappointed to work onacomplex subcommittee bill.The may develop Subcommittees amended 4 4 Be concurred inasamended Be concurred in 4 4 Do pass asamended Do pass 4 Denotes Discouraged Motions 4 4 4 4 Not beconcurred inas Not beconcurred in passDo not asamended passDo not Motion Table 8-2. Motionsfor Committee Resolutions onBillsand Action Motions to DisposeofBills Bill or resolution received from first house moves house to first Bill orresolution received from amended. with recommendation beapproved thatitnot as for house flooraction Bill orresolution moves to first with recommendation beapproved. thatitnot for house flooraction Bill orresolution moves to first with recommendation thatitbeapproved asamended. for house flooraction Bill orresolution moves to first with recommendation thatitbeapproved. for house flooraction Bill orresolution moves to first that it not beapprovedthat itnot asamended. second for house withrecommendation flooraction moves house to first Bill orresolution received from beapproved.that itnot second for house withrecommendation flooraction moves house to first Bill orresolution received from that itbeapproved asamended. second for house withrecommendation flooraction moves house to first Bill orresolution received from that itbeapproved. second for house withrecommendation flooraction Result

83 Montana State Legislature 84 The Legislator’s Handbook are doubleunderlined asshow here: HB054301.amv. bill number, version amendment number, drafter’s and version amendment initials.The is underlined drafter’s the and initials prepared* Allamendments by Legislative Division staffhave Services lower alabelinthe right- corner hand thatindicates the (House ofRepresentatives only) Place consent onthe calendar Reconsider action Representatives) Houseof nondebatable inthe (debatable Senate; inthe Postpone until[date] action (nondebatable motion) To table the take from proposedthe change] written amendments To [refer amend to distributed [appropriate committee] 4 (Senate) To indefinitely postpone (nondebatable motion) To tableorlay table onthe 4 Refer [billor resolution] to Motion * or specify orspecify Motions to DisposeofBills Consideration ofbillorresolution isdelayed to a resolution. considerationResumes ofpreviously tabledbillor manner. Proposes to change billorresolution inaspecified step.unnecessary a committee recommending report referral may bean Because acommittee isonlyarecommendation, report committee before making inthathouse. amotion appropriate ofthe receiving presidingwith the officer committee billorresolution thathasthe consults committee. ofthe Traditionally, presiding the officer Recommendation thatlegislationbereferred to another Committeethe Whole.) ofthe of abillorresolution requiring without consideration by dispose debatable thatmay motion beusedto finally Prevents question.(This discussionofthe further isa committee. the remove billorresolution the from requirements canvote fullhouse rules,the inthe to Committee However, Whole. ofthe based on certain requiringdispose ofabillwithout consideration by the be taken uplater, istraditionally thismotion usedto committee. to Inaddition setting asidebillsthatmay Consideration may beresumed willofthe atthe Consideration ofbillorresolution issetaside. the consentthe placed and calendar onsecond reading. written legislationmust beremoved the objection, from vote.unanimous Ifany representative one submitsa may be recommended for consent the by calendar a “dounanimous pass” or“do pass vote asamended” appropriation revenue and bills) thathave received a Noncontroversial resolutions billsand (except for committee. the yetbut thathasnot beenreported from Brings upbillorresolution thatwas previously voted on before action.) taking further committee decidesthatitwants more information date. (This may motion a beusedwhen specified Other Motions Other Result The minutesThe logmustinclude: a statutory requirement. minutesrecording. committee, ofthe audiominutes The minutes the and are logis official the are anelectronic recording withawritten meeting ofthe log,which servesasanindex to the committeeThe prepares secretary minutes ofcommittee Committee meetings. minutes receiving house ofthe committee the presiding report. officer note to needs reported billbeing the berequested thatanew and orrevised by fiscal the A committee mustalsoindicate, report appropriate, when committee thatthe amended appropriate orCommittee house Whole. ofthe committees standing are recommendations, from to subject Reports orapproval action by the itisprintedmade, dailyjournal inthe for thatisreceiving house the committee the report. appropriate Acommittee house. mustmake report arecommendation. is report the When ispreparedA report for each billorresolution thatisrecommended for by action the Committee Reports and Minutes • • • • • • • • • • • • testimony exhibits. and results ofallvotes; and dispositions; their and motions represents, witness; orother person the whether and isaproponent, opponent, ofpersonsnames appearing before committee, the each whom person committee members present, excused, orabsent; date, place and time, ofeach committee meeting;

85 Montana State Legislature 86 The Legislator’s Handbook Representatives Senate and House of Floor Sessions of the Nine: Chapter

87 Montana State Legislature 88 The Legislator’s Handbook Anyone to wishes who proceedings observethe Senate ofthe may Senate sit inthe Gallery. PresidentThe Senate ofthe may make exceptions for dignitaries. visiting chamberthe except: Senatethe after 1/2hour ending isinsessionand Senate the adjourns, ispermitted one no in Access to Senate the Chamberislimited. During period the before thatbegins1hour oftime televised asdescribed inChapter 10. sessions, which are generally more formal legislative thanother floorsessionsare The activities. developed over chamber The decades. provides anappropriate setting for dailyfloor the including chandelier the Montana’s paintings and documenting history, evoke traditions SenateThe current inthe hasbeenmeeting Senate Original Chamber since 1912. features, Senate Chamber and Gallery Senate Floor Sessions governing legislative procedures are described inChapter 6. understanding workings ofthe ofeach during house authorities dailyfloorsessions.The Thorough knowledge rulesoflegislative ofthe procedures isessentialto acomplete gaining generally noted. Legislators are to advised consult adopted the rules. Furthermore, information the presented isgeneral comprehensive. not and Exceptions are not for 65thLegislature. the rules. these rulesfor The 66thLegislature the may bedifferent from Much information ofthe presented inthischapter isbased rulesthatwere onthe adopted Senatethe HouseofRepresentatives. the and This chapter provides ageneral overview ofwhattakes place during dailyfloorsessionsof the Introduction • • • • • • • • former legislators are who currently not registered aslobbyists. registered members news ofthe and media; session; ofthe of business employees and presence whose for isnecessary conductlegislative the officers current legislators; No. 4 No. 3 No. 2 No. 1 No. provided for Senate inthe Rules: mustbeallowed motion The following The thatitismade. time atthe orders are ofbusiness To revert to orpass to anew order requires ofbusiness amajority vote to onamotion doso. Order of Business may speak not to motion same onthe again exclusion the spoken. hasnot who ofamember senators are limited to speaking more no thantwice Asenator onamotion. hasspoken who directly, butalways Ingeneral, direct communications their through presiding the officer. Members address donot senator each mustrise address and other presiding the officer. A senator to wishes who speak may indicate thisby orraising standing microphone. the The PresidentThe Senate ofthe presides over Senate the authority hasthe and to maintainorder. Action Floor in securing senator’s the attendance. refuses to attend Senate onacallofthe may bearrested liablefor held and expenses incurred SenateA callofthe may beordered aquorumispresent. ornot whether Asenator who by ordering Senate. acallofthe Although often thisisnot senators done, may compel attendance the ofallabsentmembers Each order isdescribed ofbusiness below “Order under ofBusiness”. Senate Rules. journal. onthe report and Senate The follows then order the inthe established ofbusiness Each Senate dailysessionofthe beginswithaprayer, pledgeofallegiance to roll flag, the call, Senatethe is26 members. Senators mustbepresent for each Senate sessionofthe unlessthey are excused. Aquorumof Senate the Convening business. matter onthe action thatisaddressed appropriate untilthe message inthe order of order isdevoted ofbusiness to receiving Senate The message. the take doesnot bills.This include by nominations Governor the Governor’s the and onspecific action Governor. the from Messages voted onduring thisorder ofbusiness. ofReports select committees. unless anadverse committee hasbeensubmitted. report traditionallyreporting moves committee ofthe adoption There report. debate isno committees. standing of Reports petitions. and Communications Matters addressed in messages from the Governor the Matters addressed from inmessages Conference committee are reports read butare not Various types ofcommunications may beread. The presiding officer of the committee ofthe thatis presidingThe officer

89 Montana State Legislature 90 The Legislator’s Handbook No. 8 No. 7 No. 6 No. 5 No. motions to:motions Motions. business. matter onthe action thatisaddressed appropriate untilthe message inthe order of This order isdevoted ofbusiness to receiving Senate The message. the take doesnot concurrenceand inorrejection ofSenate to amendments Housebillsorresolutions. ofconferenceappointment committees, onconference actions committee reports, House ofRepresentatives, onSenate actions onGovernor’s bills,actions amendments, the addressed include messages inthese transmittal ofbillsorresolutions from Representatives. of House the from Messages However, inpractice, have motions additional beenallowed. SenateThe thatare motions Rules limitthe permitted Committee inthe Whole. of the motivesthe may ofamember bearraigned. not nature- The orconsequences ofameasure may becondemned instrong terms, but useindecent- Donot language. remarks to -Confine questionbefore the avoid and house the personalities. from followingThe guidance regarding conduct the ofmembers during debate isderived [Mr. Chair, orMadam] would Senator yieldto Jones aquestion? For example: presiding officer. A senator may senator askaquestionofanother by directing aquestionthrough the in itsentirety. After are allamendments considered, Committee the considers Whole ofthe bill the After sponsormakes the statement anopening are bill,amendments onthe offered. also beconsidered. to Senate billsorresolutions, Governor’s the and recommended may amendments Conference committee by made amendments reports, HouseofRepresentatives the resolutionson billsand may thatamendments and beoffered to proposed legislation. over Committee the thisorder Itisunder Whole. ofthe thatdebate ofbusiness occurs a Committee President The Whole. ofthe Senate ofthe appointsasenator to preside Whole). the of (Committee bills reading of Second committee to which ithasbeenreferred are announced. bills. of reading commitment and First • • • • • • • • • • • • override aveto. appoint conference committees; and matter;reconsider by action Senate the onaspecific ofcosponsors names the add to abill; change vote the legislator; ofanindividual reading to acommittee, etc.); redirect legislation(e.g., rerefer to committee, another second move from Mason’s ManualofLegislative Procedure Numerous are motions inorder item. thisagenda under Examples include

Each introduced billorresolution the and :

Common examples ofmatters The SenateThe resolves itselfinto

13 described inChapter 10. are generally more formal legislative thanother floorsessionsare The activities. televised as contribute to anatmosphere based oftradition. ondecades Original features, including Vermont marble columns, glassskylights, oak and furnishings, HouseofRepresentativesThe current inthe hasbeenmeeting HouseChambersince 1912. House Chamber and Gallery House of Representatives Floor Sessions date next ofthe time and next oruntilthe meeting Legislature sessionofthe die). (sine concludes, business When to amotion adjourn Senate The ismade. may adjourn untilthe Adjournment 12 No. 11 No. 10 No. 9 No. MontanaHistorical Society. An excused senator may vote senator. withanother by “pairing” excused The senator votemember’s isrecorded journal. inthe Debateamendments. permitted, isnot may amendments and beoffered. not Each to Senate resolutions, billsand conference committee Governor’s and reports, bills. Third reading of second reading consideration. for further maymember move lefton and report the thatabillorresolution besegregated from Committee Prior Whole. ofthe to Committee ofthe adoption a report, Whole ofthe movesto committee ofthe adoption sitagain”, presiding the for report officer the Following progress report and or“rise report” and to askleave amotion and “rise meetings. meetings. meetings. committee of Announcement take place during thisorder ofbusiness. visitors, specialevents memorial other and services, speechesappointments, from day. the of orders Special business. Unfinished Senate. ofthe Secretary withthe agreement mustbedated, filed and signed, duringmotion excused the senator’s absence, two sothe votes offseteach other. The Inthisagreement, senator motion. opposing of the the agrees to not vote onthe may enter into awritten agreement withasenator side opposing isonthe who A Short History &Self-Guided TourA Short ofMontana’s State Capitol This order israrely ofbusiness Senate. usedinthe The SenateThe votes onbills,resolutions, Houseamendments Confirmations ofGovernor’s for nominations Confirmations

Committee announce presiding officers 13 The dailyHousefloorsessions The , 2007.

91 Montana State Legislature 92 The Legislator’s Handbook quorum ispresent. members by ordering Housemay House.Acallof the acallofthe beordered a ornot whether Although often thisisnot representatives done, may compel attendance the of allabsent “Order ofBusiness”. HouseRules.Each inthe established business order isdescribed ofbusiness below under allegiance to roll and flag, the HouseofRepresentatives call.The follows then order the of Each HouseofRepresentatives daily sessionofthe beginswithaninvocation, pledgeof are excused. HouseofRepresentatives Aquorumofthe is51members. Representatives mustbepresent for each HouseofRepresentatives session ofthe unlessthey Convening the House of Representatives Representatives, lobby, inthe HouseGallery. orinthe Furthermore, signs, placards, are similarobjects and permitted not Houseof floor ofthe onthe only ifitisauthorized by arepresentative permitted and by Speaker the House. ofthe A paper concerning proposed legislationmay beplaced desks onthe ofrepresentatives daily session. during period the thatbegins2hours oftime before 2hours ends adailysessionand after a Lobbying HouseofRepresentatives floorofthe onthe anteroom inthe and isprohibited chair mayOnly amember HouseofRepresentatives the when sitinamember’s isinsession. House Gallery. Anyone to wishes who proceedings observethe HouseofRepresentatives ofthe may sitinthe SpeakerThe Housemay ofthe allow exceptions to thisrule. HouseofRepresentativesthe during adailysession: Access to HouseChamberislimited. the following The persons may beadmitted to floorof the • • • • • • • • the spouses and children spousesand the ofmembers. registered representatives; media and legislative employees for necessary conduct the session; ofthe current former and legislators; No. 6 No. 5 No. 4 No. 3 No. 2 No. 1 No. Order of Business as provided inHouseRules. called for orduring House.Anabsentee acallofthe voting authorization form mustbesigned Absentee voting isallowed, except avote when of“representatives present voting” and is isallowed motion the made minutes 5additional to close debate. the representative may speak onlyonce for onamotion upto 5minutes. representative The who aswella motion asto thatthey oftime length the are permitted to speak. Ingeneral, a Representatives are limited withrespect to thatthey numberoftimes the may speak on authority hasthe to willberecognized. member decideifthe presiding officer directly,other butalways The direct communications their through presiding the officer. representativeThe Members address donot each mustrise address and presiding the officer. A representative to wishes who speak may indicate thisby orraising standing microphone. the maintain order. SpeakerThe Housepresides ofthe over HouseofRepresentatives the authority hasthe and to Action Floor committee to which ithasbeenreferred are announced. bills. of reading commitment and First of business. take matter onthe action thatisaddressed appropriate untilthe message inthe order isdevotedbusiness to receiving HouseofRepresentatives The message. the doesnot bills.Thisorder of include Governor’s the orrecommendation action onspecific Governor. the from Messages matter thatisaddressed appropriate untilthe message inthe order ofbusiness. receiving HouseofRepresentatives The message. the take doesnot onthe action toamendments Senate billsorresolutions. Thisorder isdevoted ofbusiness to onconferenceactions committee concurrence and reports, inorrejection ofHouse onGovernor’sbills, actions ofconference appointment amendments, committees, Senate, the onHouse actions includemessages transmittal ofbillsorresolutions from Senate. the from Messages are voted not thisorder onunder ofbusiness. ofReports select committees. information aboutcommittee reports.) however, adverse committee are reports uncommon. (SeeChapter 8for more adopted. HouseRulesaddress The procedures the for anadverse committee report; announced across rostrum the ifthere and, to objection isno form, isconsidered recommends “do pass” or“beconcurred in”, is amendments, withorwithout committees. standing of Reports petitions. and Communications Common examples ofmatters addressed inthese Matters addressed in messages from the Governor the Matters addressed from inmessages Conference committee are reports announced but Various types ofcommunications may be read. A House standing committeeA Housestanding that report Each introduced billorresolution the and

93 Montana State Legislature 94 The Legislator’s Handbook 14 7 No. NationalConference ofState Legislatures. Mason’s ManualofLegislative Procedure, 123-124. 2010 edition,sections in itsentirety. After are allamendments considered, Committee the considers Whole ofthe bill the After sponsormakes the statement anopening are bill,amendments onthe offered. mayamendments alsobeconsidered. bymade Senate the to Housebillsorresolutions, Governor’s the and recommended be offered to proposed legislation.Conference committee amendments reports, thatdebateof business occurs resolutions onbillsand may thatamendments and a representative to preside over Committee the thisorder Itisunder Whole. ofthe resolves itselfinto aCommittee Speaker The Whole. ofthe Houseappoints ofthe Whole). the of (Committee bills reading of Second second reading consideration. for further maymember move lefton and report the that abillorresolution besegregated from Committee Prior Whole. ofthe to Committee ofthe adoption a report, Whole ofthe movesto committee ofthe adoption sitagain”, presiding the for report officer the Following progress report and or“rise report” and to begleave a motion and “rise motivesthe may ofamember bearraigned. not natureThe orconsequences ofameasure may becondemned instrong terms, but useindecentDo not language. remarks toConfine questionbefore the avoid and house the personalities from followingThe guidance regarding conduct the ofmembers during debate isderived business. obstruct determines purpose thatthe isto questioning ofthe delay presidingthe or officer There numberofquestionsthatarepresentative limitonthe isno may askunless form The isprovided ofthismotion through HouseRules. inthe presiding the officer. A representative may representative askaquestion ofanother by directing aquestion However, inpractice, have motions additional beenallowed. thatare motions HouseRuleslimitthe The permitted Committee inthe Whole. ofthe appropriations bill. There are specialprovisions HouseRulesthatgovern inthe debate general onthe number ofspeakers. a billorresolution may beallocated apredetermined for oftime amount debate and bill; and a lead proponent alead and may opponent begranted to time additional speak ona advance: HouseMajorityIf the FloorLeader HouseMinority the and FloorLeader agree in fortime 5minutes inorder to close. A representative may speak once for upto 5minutes. sponsormay The speak asecond Mason’s ManualofLegislative Procedure

:

14

The HouseofRepresentativesThe

include: record taken ofaction by Senate the HouseofRepresentatives. orthe dailyjournals The MontanaConstitutionThe requires each to house keep ajournal. journal The onlyofficial isthe Journals nextthe Legislature sessionofthe die). (sine HouseofRepresentativesThe may adjourn date untilthe next ofthe time and oruntil meeting legislative for day atime Houseto the must specify convene subsequentlegislative onthe day. anyunder order except ofbusiness second reading ofbills(No. to 7).Amotion adjourn for a A representative may make HouseofRepresentatives thatthe anondebatable motion adjourn Adjournment 13 No. 11 No. 10 No. 9 No. 8 No. change vote the legislator; ofanindividual committee, etc.); redirect legislation(e.g., rerefer to committee, another second reading to move a from to:motions Motions. offered. Each vote member’s isrecorded journal. inthe Governor’s Debate amendments. permitted, isnot may amendments and be not toamendments resolutions, Housebillsand conference committee and reports, bills. Third reading of meetings. meetings. committee of Announcement specialeventsother take place during thisorder ofbusiness. visitors, ceremonies,announced thisorder and under Speeches ofbusiness. from is noted by ChiefClerk the for record the consent The atthistime. isalso calendar day. the of orders Special Representatives. business. Unfinished override aveto. appoint aconference committee; and matter;reconsider by action HouseofRepresentatives the onaspecific • • • • • • amendment, and itsdisposition; and amendment, textthe ofeach legislator ofthe name the amendment, proposing the consideration resolutions; ofbillsand introduction resolutions; ofbillsand Numerous are motions inorder item. thisagenda under Examples include

This order israrely ofbusiness Houseof usedinthe The HouseofRepresentativesThe votes onbills,resolutions, Senate The filing of additional cosponsors ofadditional ofabillorresolution filing The

Committee announce presiding officers

95 Montana State Legislature 96 The Legislator’s Handbook correction bemade. (President Senate ofthe presiding orSpeakerthe officer House)may ofthe direct thatthe A legislator may suggestcorrections to journal the for legislator’s the Without house. objection, that occurs legislationisdebated when onsecond reading Committee inthe Whole. ofthe journalThe include doesnot atranscript ofdebate. There written isno record discussion ofthe • • • • • • • • • • • • • • the vote of each legislator on final passage ofabillorresolution; votethe ofeach legislator onfinal other votesother asprovided activities and by law. and house; other the from messages Governor; the from messages roll callvotes; each legislator ofthe name the motion, making itsdisposition; and motion, the committee reports; Process Participants in the Ten: Chapter

and the questionfor the and me is how to find that out that is how to find done what the people the what done What IwantWhat isto get 16th President ofthe desire to have done, --Abraham Lincoln, United States exactly.

97 Montana State Legislature 98 The Legislator’s Handbook 16 15 in more detail. followingthe pages, each groups ofthese isdiscussed source of information for legislators.are In a significant Citizens, lobbyists, Executive and Branch employees House”.“Third consequently, they are referred sometimes to asthe play asubstantialrole legislative inthe process; about proposed lobby who legislation. Those legislation mightbeimproved, gaugeopinions and effects ofproposed ways legislation,identify that learn aboutideas for legislation,understand the proposedmodify legislation.Thisishow legislators persuade legislators to oppose,or sponsor, support, Citizens, lobbyists, legislators other and seekto Information and Influence Legislature.the This chapter explains how various citizens participate know inand deliberations aboutthe of Further comments Committee ofthe continue to berelevant more than40years later. following comments right onthe to participate: BillofRightsCommitteeThe 1972 ofthe MontanaConstitutional Convention provided the 9, 8and II,sections MontanaConstitution ofthe Article (seeChapter 6). rightsThe ofcitizens to participate observe government inand deliberations are contained in Introduction BillofRightsCommittee Proposal, MontanaConstitutional Convention Verbatim Transcripts, Vol. II,p. 630. Ibid,p. 631. participation. expressed regarding publicscrutiny bureaucratic and authority insulated from thisprovision that It ishoped willplay arole inreversing dissatisfactions the increasingly institutions ofstate government. proceduresrules and maximize that access the ofcitizens to decision-making the it is also a commitment levelat the In part, of fundamental law to seek structures, 16 15 legislative staff. toin addition for legislators of information sourcesignificant employees are a Executive Branch lobbyists, and Citizens, general (ARM44.12.204) election. 17 requirements. statutes rulesfor and specific tosubject regulation. Ageneral overview ispresented below. reader The refer should to the payments to ormore one lobbyists (i.e., principals) thatexceed annualthreshold the are threshold ormore one persons thatintotalreceive equalorexceed payments from annual acertain entities.Lobbyists who Lobbyists for-profit and may bepaid by governmental, nonprofit, Lobbyists A. Appendix Legislature. observe the and Resources available to citizens are described inChapter 13and Legislators may wishto constituents their help understand how they canparticipate in Citizens may lobby, provide information, orobserve legislative proceedings inmany ways: Citizens The annualthreshold The for years calendar 2017 2018 and is$2,550. threshold The isadjusted for inflationfollowing each • • • • • • • • • 17 • • • • • • • • • are regulated statutes under administrative and rules.Likewise, entitiesthatmake principal isinterested. This information isalsoavailable to public. the represented by lobbyists, the oflegislationin which subjects the and each must includereport ofregistered names the lobbyists, ofprincipals names the availablea report to each legislator during monthly legislative the session.The toReport legislators. Commissioner The ofPolitical Practices is required to make times. specified ofexpenditures.Reporting Principals lobbying mustreport expenditures at Licensing. Lobbyists mustbelicensed by Commissioner the ofPolitical Practices. that are represented by lobbyists. Citizens often joinorganizations members whose have common interests and telephone. comprehensive information Legislature aboutthe by Internet the using orby Citizens can read resolutions billsand monitor and obtain statusand their committeesessions and hearings ontelevision Internet. orthe Through MPAN (discussedlater), citizens have to anopportunity observefloor Citizens may gallery. observedailyfloorsessionsinthe legislation inperson, by Internet, the using by telephone, orby mail. Citizens may communicate withlegislators aboutpotential orproposed laws. forumprimary for face-to-face process inthe citizen participation ofmaking committee hearings by providing testimony. Committee hearings are the Citizens may attend committee hearings to observe ormay participate in

99 Montana State Legislature 100 The Legislator’s Handbook under discussion. under are likely most to usecomments they when are directly to succinct pertain and billortopic the during committee hearings. However, presence their doesn’t guarantee coverage. Reporters or hearing. Reporters TV and cameras are present during may floorsessionsand bepresent photographing,press may televising, beprohibited not orrecording from alegislative meeting committee caucuses.Arepresentative politicalparty dailyfloorsessions,and meetings, ofthe Registered representatives have media ofthe access to including allpublicmeetings, Media News ofinformationA substantialamount is available onstate agency websites. request.the contact agency’s the director, willensure who appropriate thatthe staffperson responds to agency may askaresearch orattorney analyst, to request information. the Legislators alsomay potential effects ofproposed astate legislation.Alegislator wants who information from Furthermore, agency staffcanexplain how programs are operated canoften and identify ofvaluablespectrum information. Executive The Branch isamajorrepository ofstatistics. State to belonging agencies, branch the ofgovernment laws, thatimplements offer abroad legislative committee to anactivity isnot subject requirements. these Provision ofinformation by astate employee request atthe legislator ofanindividual or inlobbyingthat engage are to subject requirements the ofMontana’s lobbying statutes. Executive Branch employees may lobby ormay simplyprovide information. State agencies Executive Branch Employees • • • • function oroffersfunction alegislator uponrequest, lobbyist the agift, mustsupplythe Reimbursement by legislators. alobbyist When invites alegislator to attend a » » » » unprofessional Unprofessional conduct. conduct includes: Unprofessional Lobbyists conduct. principals and may inorauthorize engage not for more information.) are to subject ethicslaws.reimburse SeeChapter lobbyist. the 4 (These benefits trueorestimated cost allow and legislator the legislator to benefit’s withthe » » » » to a public official or knowingly deceive the official inregard to orknowingly facts. those deceive official the to apublicofficial attempting matter to knowingly misrepresent facts ofanofficial pertinent principal, oralegislator; or unsubstantiated charges ofimproper ofalobbyist, a conduct part onthe ormaking public support ortopending beproposed by promising financial onameasure thatis attempting to influence ofapublicofficial action the employment; for purpose the ofobtaining by action instigating apublicofficial lobbying the violating laws; 19 Commission,Service 18 for legislators are who interviewed by representatives follow. media ofthe Legislators may becontacted by reporters are who gathering information for astory. Afew tips Interviewed Being few tipsfor legislators desire who coverage ofanissueare presented below. Legislators may wishto convey information through anews release or anews conference. A NewsSeeking Coverage organizations statewide thatare available to legislators uponrequest. ofLegislative Information keeps Services currentOffice representatives listsofmedia and There are press areas Capitol. inthe chamber The inthe ofeach press and house offices OhioLegislative Commission, Service pp. 93-99. NationalConference ofState Tips for Legislatures, anEffective Being “15 Legislator”, Denver, 1995.OhioLegislative • • • • • • • • • • • • • • • • • • • • concerns reporter. withthe If you believe thatareporter hasmisrepresented your statements, discussyour thatyouanything would want not to seein print news. oronthe agrees beforehand to not source the identify information. orusethe Never say Always thatwhatyou assume tell areporter record isonthe reporter unlessthe answerBe candid; questionsdirectly. about whatyou are doing. Take initiative by getting to know reporters contacting to and them inform them topolitical party task. are overtly politicalpieces focusing sideofanissueortaking ononlyone one guestcolumnsand focusing onissuesare more likely to than bepublished process issuethatwillbeheard oraparticular during session.News the releases Keep material focused onlegislationorhow constituents canbeinvolved inthe Present information thatiseasy to understand. Learn deadlines; aboutmedia isimportant. timing where,Include information what, how, when, about“who, why”. and Show how media the news the directly affects people’s lives. session. session convenes to would seeifeither like you to provide regular updates onthe Talk editor withthe orpoliticalreporter ofyour localnewspaper before the A Guidebookfor OhioLegislators 18 19 , 7th edition, Columbus, Ohio, 2000, pp. 93-99.

101 Montana State Legislature 102 The Legislator’s Handbook MontanaPBS Legislative and Services. law. There are also programming policy operating and inplace, guidelines asadopted by that broadcasts are incompliance principles with the ofgoodconduct enumerated in LegislativeThe Council Divisioninmonitoring assiststhe broadcasting the to service ensure Affairs Network “MPAN”. channel went through are-branding process isnow and in2018, MontanaPublic calledthe MPAN Bringing the Legislature to the Citizen: Legislative staffcanassistlegislators resources withadditional issues. onthe comment. schedulesmeeting organization. the and sites, The place however, for public are anofficial not maintains aFacebook page aTwitter and account to relay information aboutupcoming here: https://mt.gov/SocialMediaIndex.aspx. MontanaLegislative The Division Services executiveIn Montana,the index maintainsasocialmedia for interested Itisavailable parties. tools bestpractices and to assistlegislators presence. socialmedia their inmaximizing (Link: http://www.ncsl.org/press-room/facebook-guide-for-state-legislators.aspx) .Itoutlines NationalConferenceThe ofState Legislatures offers aFacebook Guidefor state legislators could conflict withgovernment statutes. policies and beawarenot thatprivacy terms policiesand agreements ofservice ofsocialnetworking sites sites, The social media. however, canraise questionsfor government. For example, citizens may communicate with constituents, legislative and alsoincreasingly agencies have apresence in Legislatures are embracing socialnetworking sites like Facebook, Twitter YouTube and to Media Social channel formerly The known as“TVMT”. to provide production for services the administers acontract with MontanaPBS LegislativeThe Division Services communicationsother technologies”. through unedited television coverage and deliberations publicpolicy and events information aboutstate government citizens with increased access to unbiased broadcasting “to service provide Montana public affairs television Internet and 2001The Legislature astate established video recordings are available after legislative shortly onthe meeting the website. Internet, through streaming either audioorvideo. archives On-demand thatcontain audioor All legislative committee thattake meetings place Capitol atthe are broadcast live over the communities inMontana. on closed circuit television Capitol withinthe to and cabletelevision subscribers inmany severalfloor sessionsand committee ThisC-Span meetings. style programming isdistributed During session,MPAN the provides gavel-to-gavel dailycoverage Senate ofthe House and

103 Montana State Legislature 104 The Legislator’s Handbook Details Important Other Getting Paid and Eleven: Chapter

105 Montana State Legislature 106 The Legislator’s Handbook alegislator’s salary: followingThe willbetaken deductions from Deductions reasonably falls context within the ofauthorized legislative business. Legislativehome. Council are guidelines usedto home determine spent away iftime from with prior authorization are entitledto receive for each salary 24-hour period spentaway from or legislative orientation training and orlegislators are who inlegislative engaged business Interim Legislators activities. legislators-elect and are who attending presession the caucus itsown salary. Alegislator may choosemay to fix not servefor salary. no Legislature provides by law for compensation the allowance and for members, aLegislature Salary. Each legislator willalsoreceive of$92.46 asalary for each legislative day. Although the 5-2-301(4),in section exceed butwillnot MCA, $120.11. recesses for more than3days. perdiemallowance The for 2019 will bedetermined asoutlined allowance, 7days aweek, for expenses. allowance The paid Legislature isnot the when Daily allowance. During 2019 the session,each legislator willreceive adaily(perdiem) Rates Compensation has information forms and related to benefits. processing payroll, mileage expense and allowances, also perdiemallowances. and office The Legislative ofthe Divisionisresponsible Services for Financial The HumanResource and Office Financial and Human Office Resource Benefits and Compensation second The halfisdevoted to “Administrativecompensation benefits. and Bolts”. Nutsand chapter halfofthe addressessession ortake care during ofbusiness first session.The the This chapter provides practical information to alegislator help prepare for alegislative Introduction • • • • W-4 form; federal state and income inaccordance taxwithholdings legislator’s withthe Social Security (including Medicare) deductions; income taxpreparers. Legislatorsdeduction. are to advised consult federal withthe Internal Revenue ortheir Service Travel expenses for legislative thatare business reimbursed not may beeligiblefor a complete alegislator’s federal income taxreturn. requirements provides and dates necessary the thatmay amounts and to beneeded prepares amemorandum thatexplainsDivision’s federal the Legal Office Services After each legislative before sessionand income taxforms are Legislative due,the Services to withholding. perdiemallowance ofthe a portion payments may betaxable, butpayments are subject not taxable Capitol, the income, to subject Ifalegislator withholding. lives more than50milesfrom If alegislator lives state within50milesofthe Capitol, perdiemallowance payments are lives how and allowance actual the compares allowed amount withthe federal under law. Treatment ofperdiemallowances for income taxpurposes onwhere depends legislator the Tax Considerations Instead, perdiempayments willbecombined biweekly withthe payment ofpayroll. Legislators live who Capitol within50milesofthe receive willnot weekly perdiempayments. ifyou wishto exerciseOffice thisoption. be combined biweekly withthe payment ofpayroll. Financial the HumanResource and Notify weekWednesday session.At ofthe legislator’s the option,perdiempayments may first ofthe Per diempayments willbedelivered boxes to legislators’ on Capitol Stationpost-office on state pay days. Anelectronic direct depositoptionisavailable. Payroll warrants willbedelivered to box each biweekly legislator’s Capitol Stationpost-office Distribution of Payments for and Expenses Salary any state ofthe retirement systems from, prior to legislative beginning service. benefits Special conditions may applyto legislators were who members of, ordrawing retirement • • • • System, contributions; and for legislators have who elected to PublicEmployees’ jointhe Retirement plan, the electedplan, the amount. for legislators have who elected to participate deferred inthe compensation

107 Montana State Legislature 108 The Legislator’s Handbook defer aslittle as$20 amonth. which isatax-deferred retirement supplemental program. planallows The to participants Legislators are eligibleto participate State inthe ofMontana457 Deferred Compensation Plan, Plan Compensation Deferred willbetaxed thisamount and asincome. state ofthe portion contribution to necessary cover out-of-pocket actual costs may beapplied, coverage. out-of-pocket Ifthe cost state’s islessthan the contribution, monthly onlythe state monthly the contribution appliedtoward out-of-pocket costs health ofother insurance to orelect have and have state monthly the contribution appliedto benefits those benefits for employees legislators. and Legislatorsbenefits may enroll to receive state insurance 2-18-703, insection stateThe toward contributes MCA, specified anamount, cost the ofgroup istaken date oronthe term thatthe begins,whicheveroath ofoffice isearlier. lifeand insurance coverage. date beginsonthe thatthe Eligibility for newly elected officials include visionhardware dental,and medical, coverage for legislator the family and members Members Legislature ofthe are eligiblefor Options state employee group insurance benefits. Benefits Insurance Group or death. incaseofdisability there are toIn addition provisions regular retirement for benefits benefits, during term the ofoffice. ofPERSis amember employed and by PERS another employer, legislator the may retire not PERS),deposit withthe legislator the allowed isnot alegislator option.And anelection who If alegislator isanactive, inactive, orretired PERS ofthe member (anyone on withfunds willbecredited, canitbepurchased. nor creditservice for legislative inoffice time membership ismandatory, legislator the isrequired to become butno atthattime, amember Ifalegislator later becomes employedlegislator servesinoffice. inapositionfor which PERS a legislator. credit membership no Inaddition, service may accrue for period time the thatthe If alegislator declines membership, legislator the may become not aPERS whilestill member legislator membership, elects retirement contributions beginimmediately. or decline membership. Ifa isirrevocable election The legislator asthe aslong isinoffice. legislator the to mustelect arewho accept members. not Within 90days office, ofassuming Membership PublicEmployees’ inthe Retirement System (PERS) is optional for legislators Public Employees’ Retirement System (PERS) 20 chapter 5,MCA. 2, part 18, Legislativeof the Council. Expense mileage and allowances are determined asprovided inTitle Legislative Audit Committees, interim allocationofthe committee responsibility budgetsisthe interstateor other organizations. Except for appropriations for Legislative the Finance and NationalConference ofthe meetings ofState Legislatures, Council the ofState Governments, specialcommittees.other Occasional appropriations are provided for legislators to attend to attend ofpermanent meetings legislative committees, legislative interim committees, and Money isalso appropriated general inthe appropriations bill(HouseBillNo. 2)for legislators Minority FloorLeader, Speaker House,orHouseMinority ofthe FloorLeader. interim. Expenditure ofthismoney to issubject approval President ofthe Senate, ofthe Senate travel members alsohelp funds attend ofvalue meetings to Legislature the during the Committees, RulesCommittees, orsimilargroups during interim. the Leadership-approved feed billto pay for travel expenses associated ofLegislative withmeetings Administration Travel during interim. the Abudgetfor leadership-approved travel isusuallyincluded inthe House. “feedthe bill” Additional travel during alegislative sessionmay beauthorized by funded and money from after trip the iscompleted. three round additional trips, legislator the mustcomplete aform. Reimbursement ismade week session.Inorder ofthe to receiveautomatically during first the reimbursement for the return the sessionand ofthe beginning at the trip session,ispaid ofthe end atthe home Capitol during aregular session.Aninitialpayment, covering legislator’s the trip to Helena reimbursement atarate by established to home statute the for four round trips from Travel during legislative the session.Each legislator isauthorized to receive mileage Travel Expenses Sick applyto donot leave legislators. annualleave and benefits Leave legislatorthe isreceiving regular paychecks through central the payroll system. to alegislator during legislativepayroll sessionswhen would and deduction beneficial bemost during which alegislator becomes eligibleormustenroll. planisavailable The onlythrough A legislator may enroll, orperiod time change, orstop deferrals atany There time. specific isno HouseBillNo. Legislature. appropriation ofthe 1,the functions the billthatsupports 20 with the concurrence withthe President ofthe Senate ofthe Speaker orthe ofthe

109 Montana State Legislature 110 The Legislator’s Handbook provided by landlords opportunities. abouthousing courtesy ofinformation thatis to legislators, Legislative the Division maintainsafile Services Housing. Capitol inthe buildings in other Complex. publichallwayfloor inthe between Senate the HouseChambers. and There are alsocafeterias Food service. Legislatorshouse. machines usethe should to assigned house. their Fax. for large copying jobs. HouseofRepresentatives inthe ChiefClerk’s orthe office Senate’s ofthe Secretary the office for copying ofmaterials. Legislators machines usethe should to assigned Contact house. their Copying. arrangements. laptop computers to Capitol. the Legislators may contact Sergeant the at Arms to make DivisionwillarrangeServices for Internet access for legislators wishto who bring own their processing software, printing and capability are available incommon-use areas. Legislative The use. legislator for Computers Sergeant atArms. the an aideto HouseSergeant the from tag atArms arrange and to purchase anidentification representative designationof ofthe sponsors who anaidemustprovide written notification Senatethe arrange and for purchase the Senate withthe tag ofaname Sergeant atArms. A sponsoring legislator. Asenator sponsors who anaidemustregister of Secretary withthe aides. Any compensation orreimbursement ofexpenses soleresponsibility isthe ofthe Committee. Legislature The provide doesnot any for funds compensating orreimbursing at least 18years for ofage, asession.Exceptions may beapproved by appropriate the Rules legislators. individual for Aides able to go“paperless”. Legislators willreceive information onhow to electronically documents getthese willbe and basement Capitol. inthe ofthe BillsDistribution the Office Additional copies are available from copies and daily agenda resolutions ofbillsand onsecond third and reading for thatday. resolutions. and bills, Agenda, floor leader onalegislative meetings ifthey to day. need beexcused from Absence. are equipment and to beusedfor legislative for not and business politicalorprivate purposes. Administrative topics are listed inalphabeticalorder. Except noted, otherwise when services Administrative Nuts and Bolts Facsimile machines are available for useby legislators areas inthe to assigned each Photocopiers are available for useby legislators areas inthe to assigned each house Legislators are responsible for making own their arrangements. housing As a Senators representatives whipand party the notify should party the notify should There isacafeteria basement Capitol inthe ofthe asnack and bar third onthe Computers withInternet access, aweb browser, word Members receive apacket ofinformation thatincludes a Each legislator may legislative sponsorone is aide,who representatives should contact the office of the ChiefClerk ofthe House. ofthe representatives contact should office the Senate, of the Secretary ofthe news and releases, Senators etc. contact should office the Word Processing. for assistance. is406-444-0912 ITHelpLine The GuestInternetthe viawireless. legislators Inaddition, have aseparate, secure wireless network. to Internet. the access Wireless Access to Internet the to issubject policy. same the Authorized callsinclude to callsmade constituents, places family and ofbusiness, members. legislatorsession orwhilethe legislative isintravel business. statusare considered official Telephone. cards. business and tags, name Supplies. Smoking. Easter ofthe time holiday. Legislature the past, hasrecessed for several days after transmittal the deadline atthe and Schedule. orparkingassignments violations. session.Legislators ofthe beginning may contact Sergeant the atArms regarding parking Parking. Clerk House. ofthe Senate ofthe Secretary ofthe Chief orthe for aspages appointment are available office atthe is busy during afloorsession.Legislators may sponsorpages to servefor 1week. Applications mail, to deliver notes to messages and legislators, other orto getasnack legislator the when Pages. available for common useby representatives. available for allrepresentatives; however, are equipment rooms withdesks office other and Offices. leadership. are permitted not ingeneral. may mailing Other beallowed withpermission ofCaucus HouseofRepresentatives. inthe Senate Massmailings inthe ChiefClerk’s orthe office office Legislativethe Division.Items Services to bemailedmay bedeposited Sergeant atthe atArms’ mailisforwarded Capitol.floor ofthe to After legislator the legislative the by session,first-class Mail. Each legislator is assigned a post-office box located next to the post office on the first first onthe box locatedEach next to legislator postoffice apost-office the isassigned There is a “page call”buttonThere isa“page oneach Pages desk. may beasked to deliver orpick up Office space are assignments coordinated are not byOffice Sergeant the atArms. Offices Each legislator numbered anindividual isassigned parking space before the Legislators may contact Sergeant the atArms for supplies,including stationery, Buildings ownedBuildings occupied and by state the are required by law to besmoke-free. The LegislatureThe typically 6days meets aweek, Monday through Saturday. Inthe Long-distance telephone by callsmade Legislature whilethe amember isin Typing are services available to legislators for preparation ofletters, Almost allroomsAlmost Capitol inthe have ability the to connect to

111 Montana State Legislature 112 The Legislator’s Handbook Interim Activities Twelve: Chapter

113 Montana State Legislature 114 The Legislator’s Handbook The followingThe are statutorily interim established committees: Interim Committees Legislativethe Audit Committee, Legislative the and Finance Committee. E)SeeChapterAppendix 3for more information Legislative dutiesofthe aboutthe Council, requests. We alsohave included information aboutinterim for services legislators (See This chapter provides information aboutinterim committees, interim information studies,and sessions: Members may beinvolved following inthe during activities interim the between legislative between legislative sessions. legislative responsibilities during 20 the Legislature. months Members escapefrom donot regularThe bienniallegislative life ofthe sessionoccupies span ofa onlyaboutone-sixth Introduction • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Water Policy Interim Committee. State Administration Veterans’ and Affairs Interim Committee; and Revenue Transportation and Interim Committee; Local Government Interim Committee; Law Justice and Interim Committee; Energy Telecommunications and Interim Committee; Education Interim Committee; Economic Affairs Interim Committee; Children, Families, Health, Interim HumanServices and Committee; developing new policy proposals for consideration by next the Legislature. responding to constituents’ concerns; and Legislature policy and issues; communicating withconstituents ofthe others and activities aboutthe ininterstateparticipating organizations; statutory onother committees; hoc orad serving onInterimserving Committees; Committee, orLegislative Finance Committee; onadministrativeserving committees: Legislative the Council, Legislative Audit acts asaliaisonwithlocalgovernments.acts Legislature’sThe Local Government Interim Committee committee isajointbipartisan that State-TribalThe Relations Committee isrequired to asaliaisonwithtribal act governments. requirements. performs dutiesasaninterim same the committee to isalsosubject and statutory additional committeesSome have responsibilities. additional Environmental The Quality Council Duties ofinterim committees are listed below: Duties statutory interim committees are studyresolutions assigned by Legislative the Council. formed for topics Legislature thatthe wants to suppression. focus The attention on,e.g., fire interimOther committees may through beadded legislation.Committees are generally respectively, panel. serveonthe Representatives, appointed by Committee the onCommittees Speaker the and House, ofthe administrative inmatters agencies concerning publicutility regulation. Two Senators two and consumerstransportation before Commission, PublicService the state federal and and courts, by MontanaConstitution. the Consumer The Counsel represents Montanapublicutility and LegislativeThe Consumer Committee Consumer appointsthe Counsel, apositionrequired staff to oversee maintenance the ITenvironment. ofthe InformationThe Technology Council Planning includes two legislators Legislative and Branch decennial census completes and itswork ina4-year period. Commission DistrictingThe Apportionment and isappointed sessionprior inthe to the interimthe conduct and interim studies. EnvironmentalThe Quality Council State-Tribal the and RelationsCommittee during alsomeet • • • • • • • • • • session of the Legislature.session ofthe prepare resolutions billsand thatare considered for necessary next the regular legislation bedrafted; and review legislation proposed by request orentitiesand agencies assigned that monitor operation the Executive ofassigned Branch agencies; conduct interim studies; committee;the review administrative offer rulesand agency oversight jurisdiction withinthe of

115 Montana State Legislature 116 The Legislator’s Handbook 3. 2. 1. 4. Legislative Council. stepsThe include: studies. Aprocess isinstatute for prioritization ofstudies. assignment and prospective interim studiesthrough LegislatureThe resolutions requesting identifies interim Interim Studies bymade Legislative the Council ifwarranted. LegislativeThe Council allocates abudgetfor each interim committee. Reallocations may be Budget between each party interim. may typically and bemembers not politicalparty same ofthe rotate members. officers These for each interim vice and presiding committee officer areA presiding elected officer by the to acommittee ifwarranted committee’s becauseofthe workload. each authority appointing ask the to politicalparty ortwo one add members additional from eachcommittee party. Legislative The hasanequalnumberofmembers from Council may politicalparty. same the Withof each two may house each befrom political parties, interim Most interim committees each Nomore house. have thantwo four members members from Committees. Houseinterim committee members are appointed by Speaker the House. ofthe Senate interim committee members are appointed by Senate the Committee on Members and Officers resolutions approved by Legislature. ofthe bothhouses LegislativeThe Divisioncompiles Services alistofstudyrequests contained inbillsor invited to attend Legislative the Council speak and meeting request. aboutthe LegislativeThe Council determines Sponsors study assignments. ofstudies are also time requirements,time relevant other and background information presented isthen to the Legislative Divisionstaffcompile Services rankings. the pollresults, The estimated staff in order ofimportance. Legislative staffmailslegislators requests listand the legislators rank studyrequests the 5. Legislative Council, Legislative Audit Committee, orLegislative Finance Committee). than 40hours require ofstafftime approval by appropriate the oversight committee (i.e., the for requests thatare expected to becompleted in16to 40hours. Requeststhatrequire more appropriate ofthe oversight vice and presiding officer committeepresiding isrequired officer committee responsibilities requests the and legislators, ofindividual consultation withthe to ensure thatstaffresources are allocated appropriately interim among statutory and A request expected to take lessthan16hours directly ismade to alegislative staffer. Inorder requests include: Legislators Legislative may Branch request staff. information Examples from ofcommon Information Requests before aregular legislative session. Legislative Council interim guidelines, studiesare completed by September year 15ofthe Council thataninterim to studybeassigned committee. another According to An interim committee orstatutory committee may recommend to Legislative the • • • • • • legal opinionsregarding applicationofcurrent the law. research aboutpotential optionsto address aproblem through legislation;and information aboutrequirements incurrent law;

117 Montana State Legislature 118 The Legislator’s Handbook Information Centers Information Thirteen: Chapter

119 Montana State Legislature 120 The Legislator’s Handbook primary functions: primary floorlobby. StaffmembersDuring serve two sessionInformation session,the first Deskisinthe Session Information Desk several functions: primary Information Legislative the Desk, Branch website, Legislative the and Reference Center serves includes information technology Session the services, office The general the and public. ofLegislative Information acentral Services resource Office The for legislators, media, the Services Information Legislative of Office chapter ofthishandbook. resources onvarious topics information additional identifies and contained ineach to find information Legislature aboutthe Aprovides orlegislation.Appendix detailsaboutwhere This chapter information describes important centers for legislators citizens and want who Introduction • • • • • • • • • • printed materials. Desk distributes hearing calendars, seating agendas, useful other and charts, membership, session-related other and information. SessionInformation The resolutions,of billsand dates ofcommittee times and hearings, committee Staff members are citizens status aboutthe trained to answer questionsfrom Providing information to citizens Legislature aboutthe legislative and activities. submitted to legislators form message viaanonline legislative onthe website. produced uponrequest. Staffalsoprocess forward and thatare messages areMessages onadatabase, maintained acopy and ofany canbe message calls, record for messages legislators, forward and to messages legislators. citizens to legislators. Staffmembers answerRelaying from messages telephone representative democracy. materialsother to promote legislative civiceducation aboutthe institutionand OLISdevelops The public. the distributes and publications,website content, and information requests from Public outreach OLIS fields civiceducation.The and contacts alistofmedia state.maintaining inthe releases asrequested, legislative aboutthe media educating process, and facilitatingmedia, access to appropriate spokespersons, distributing news outreach.Media educationand OLISserves aslegislative The liaisonto the programs. educate legislators legislative the aboutstaffservices, process, government and materials, publications to and OLIS develops help training sessions,briefing Executive Director Legislative ofthe staff, other Divisionand Services the new (OLIS)helps Services legislators getacclimated. Inconjunction withthe Legislator ofLegislative Information education,training, outreach. and Office The entitled “Sessions” and then on the specific year, canobtain: individuals specific onthe then and entitled “Sessions” database available to anytime anyone withInternet access. Byclicking item menu onthe LAWS, Legislative the Automated Workflow comprehensive and up-to-date, System, isafree, Legislative ofthe A section Branch website isdedicated to each Legislature. session ofthe Session InformationLAWS Through Legislature. website Highlightsofthe include: websiteThe for Legislative the Branch offers awealth ofinformation Montana aboutthe Overview (http://leg.mt.gov/) Website Branch Legislative • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • reports listing bills and resolutions. billsand listing reports an index resolutions ofbillsand by and subject; floor votes; notes; fiscal journals for flooractions and each house; scheduledand hearings; information aboutsessioncommittees, including membership, staff, agendas, textthe resolutions; statusofbillsand and resources for legislators. legislative civicsinformation and for classrooms; studentsand and selected publications; and reports Montana laws MontanaConstitution; the and information Legislature aboutthe legislators, and including contact information; committees; information work aboutthe membership and ofinterim statutory other and accessonline to streaming broadcast oflegislative proceedings; available through LAWS; comprehensivean up-to-date, database oflegislative sessioninformation

121 Montana State Legislature 122 The Legislator’s Handbook Services include:Services compensation. privatization, taxation, state workers’ and employee compensation, state finances, health caresuch topics policy, aseconomic development, education finance, gambling, collectionThe focuses onissuesofcurrent concern to MontanaLegislature, the including legislativeand staff. Itislocated basement east inthe onthe Capitol ofthe end Building. LegislativeThe Reference Center provides reference research and assistance to legislators Center Reference Legislative which legislator the isamember. sponsor. There isalsoalistofbillsthatare currently scheduled for hearing incommittees on a listofbillsthatare currently scheduled for hearing for which legislator the primary isthe which legislator the isassociated (i.e., billssponsored and/or requested), butisalsoableto view By displaying legislator’s the own page, alegislator onlyto isablenot monitor billswith the relationships printed asthe legislative billusedinthe process. copy page line same and maintainsthe “pdf” The format document in aportable (pdf). Bill text may beviewed in “html”format orretrieved inWordPerfect either 5.1 format or sponsor.or primary status ofeach bill,resolution, requester titleand ordraft request short withthe along list, inthe iscreated, usercanclick the draft requests. onabutton Once alistfile to display latest the allowsservice users to create, modify, save and own their tailored listofbills,resolutions, and legislationmay signup for “preference Thisfree list”service. Users wishto who track specific sponsor, drafter, committee, subject, status. and draft requests tailored to interests. their Search criteria include legislative requester, primary advancedUsing search cangenerate individuals functions, listsofbills,resolutions, and occur.actions bills make way their through legislative the process. often Thisismost immediately done after Status information to isadded LAWS by automated processes orby staff, asthe needed, when • • • • • • • • • • • • research. anywith obtaining information for needed legislative law-related and activities Legislators may Legislative askstaffinthe Reference Center for assistance Two computers withunrestricted internet access Montana Attorney General opinions,state federal and caselaw, statutes. and Legislative history compilation Annotated. House journals, SessionLaws, bills,committee exhibits, Montana Code and Access to Montanalegislative materials, such aspast present and Senate and catalogavailableAn online atleg.mt.gov. computer by itswebsite. visiting Any Montana resident may borrow materials. links ondozens oftopics. Patrons cansearch any orbrowse materials library’s the from online federalMontana and laws, including Supreme Court opinions,orders, briefs; and research and Law website,The Library’s http://lawlibrary.mt.gov, provides links to many samplelegalforms; treatises; over 500law review bar and journals; alarge and numberoflegalforms. laws, administrative cases;legalencyclopedias rules,and dictionaries; and many subject-based all50states;historical federal statutes, sessionlaws, appellate and session decisionsfrom court session laws, administrative regulations, Supreme Court briefs, opinionsand current codes, 180,000-volume library’s The collection includes Montana’s territorial state and codes and public. Justices law their and clerks, state private and attorneys, state employees, the students,and StateThe are Law collections services and Library’s usedby MontanaSupreme the Court Library Law State research information concerning Montana’s climate water, and wildlife and resources. plant, Information System) technical mapping, assistance access and to geospatial data,and Natural library’s ResourceThe Information System (NRIS)provides GIS(Geographic circulates library The resources Seehttp://msl.mt.gov. to public. the inventory offederal publicationsselected for to pertinence their Montanastate government. maintainsapermanent library The comprehensive collection ofstate an publicationsand management. government, health information socialservices, and science technology, and personnel and electronic journals references and related to natural resources, environment conservation, and more other withthe in partnership specialized agency libraries. Collection strengths include MontanaStateThe work-related, servesthe Library informational ofstate needs employees Library State Montana

123 Montana State Legislature 124 The Legislator’s Handbook data, current electronic data(DVD/CD), print and documents. collection The project. includes historical,created demographic economic and for aspecific Patrons have access to Montanadata/thematic may mapsand have acustom datamap avariety offederal state and Montana from statisticalresources. Seehttp://ceic.mt.gov. with access to datafor business and geographic, census, educationonusing and economic, CensusThe Economic and Information Center provides state employees legislators and Center Information Economic and Census newspapers inMontana,bothhistoric published current. and records, historic photographs, MHSResearch maps.The and Center 95% alsoholds ofthe books,documents, archival records oral and histories, manuscript collections, legislative reflect history the document region. and the ofMontanaand collection The consists ofstate Center isaspecialcollections facility thatcollects materials unpublished and published that agency employees, researchers, academic genealogists. students,and MHSResearch The MHSResearchThe Center, http://montanahistoricalsociety.org, state general servesthe public, Center Montana Historical Society Research Resources A: Appendix

125 Montana State Legislature 126 The Legislator’s Handbook (406) 444-2986 Where: What: (406) 444-3122 Where: What: Where: What: (406) Where: What: 444-4848 Where: What: (406) 444-3064 Where: What: Where: What: General Resources

Helena, MT59620-1711 P.O. Box 201711 State Capitol, Room110 Legislative Fiscal Division(LFD) Helena, MT59620-1705 P.O. Box 201705 State Capitol, Room160 Legislative Audit Division (406) (during legislative the 444-0627 sessiononly) State Capitol, Room74 materials other and to public.) the (distribution ofbills,resolutions, Legislative Printing Distribution and Office State Capitol, Room10 Legislative Reference Center (Library) (during legislative the (406) sessiononly) 444-4800 State Capitol, 1stfloorlobby Session Information Desk Helena, MT59620-1706 P.O. Box 201706 State Capitol, Room110 Legislative Division(LSD) Services http://leg.mt.gov/ Legislative Branch Website (406) 444-3660 (406) Where: 444-3858 What: Where: What: online: (406) https://leg.mt.gov/civic-education/about/ Where: What: 444-2424 Chapter Government 2: in Montana Supplemental Resources by Chapter Where: What: Where: What: Where: What:

LSD. Available to legislators inprint oronthumb-drive for $10. State Law Library Clerk Supreme ofthe Court Montana Supreme Court Montana Courts Websites ofstate http://mt.gov/govt/agencylisting.mcpx agencies: statein the telephone directory.) Contact agency director addresses numbers (Phone e-mail and are listed online Executive Branch Agencies E-mail: [email protected] Legislative the ReferenceAvailable Center from A Guideto MontanaLegislature the State Capitol, 1stfloorsecurity deskorLegislative reception Services desk. (Capitol tours information and Capitol aboutthe LSD Sources ofInformation Publications(pamphlet) and Montana Code Annotated (MCA)

(406) 444-2621 Court Administrator

127 Montana State Legislature 128 The Legislator’s Handbook Where: What: Chapter Legislative 6: Procedures Where: What: (406) Where: Legislative 444-2957 What: Leaders Chapter Legislators 4: http://leg.mt.gov/consumer Where: What: Branch Chapter 3: Organization of and the Services Legislative Where: What:

LSD are adopted ofeach beginning atthe session. website (seebelow Chapter under after bookletispublished 13).The rules the rulesarethe alsoavailable LAWS onthe Legislative ofthe section Branch Constitution, United the and States Constitution. resolutions The thatestablish A bookletthatincludes JointRules,Senate the Montana Rules,Housethe MontanaLegislature.Rules ofthe http://politicalpractices.mt.gov (406) 444-2942 Commissioner ofPolitical Practices E-mail: [email protected] Legislative the CommunicationsAvailable Office from Legislative Leadership: AGuideto Responsibilitiesof Rolesand the (406) 444-2771 Consumer Counsel Legislative Reference Center by Hunter MontanaLegislative UMMargery the the Divisionand Services Tribal for NationsInMontana.Ahandbook legislators. Ajointpublication Brown (2016) Law Indian Clinic.

(406) Where: 444-2957 What: (406) Where: Sponsoring 444-2957 What: Bills (406) Where: 444-3616 What: Where: What: Where: What: Resolutions Chapter 7: Public Making Policy Through Billsand Where: What:

Available Legislative the for loan Reference to legislators Center from orfor E-mail: [email protected] Legislative the InformationAvailable Office from BillDrafting Processthe Administrative Rules:ALegislator’s Guideto Authority Delegating Through E-mail: [email protected] Legislative the CommunicationsAvailable Office from From Idea to Introduction: AGuidefor Legislators and onRequesting State Capitol, Room277 Program ofBudgetand Governor’s Planning Office Legislator’s Guideto Fiscal Notes (brochure) LFD appropriation process matters. information other and related to fiscal Legislator and budgeting the training and information regarding state finances Legislative BudgetAnalysis; HouseBillNo. 2Narrative. LSD drafting. resolutions, specialtypes ofbills,billswithspecialprovisions, amendment and resolutionsand provides and information aboutlaws applicableto billsand BillDraftingThe format the Manualestablishes style and for guidelines bills Bill Drafting Manual 2018. NationalConference the purchase ofState from Legislatures. Mason’s ManualofLegislative Procedure (2010)

129 Montana State Legislature 130 The Legislator’s Handbook Where: What: Where: What: E-mail: Where: [email protected] (brochure) What: Office) (For recent most the representatives, listofmedia contact Legislative the Communications Chapter 10: Participants in the Process Where: What: Where: What: Where: What: Where: published. What:

State Capitol, Room52B Lee Newspapers State Bureau Fax: (406) 449-6104 (406)Phone: 449-5542 State Capitol, Room336 Associated Press Statehouse Office (406)Phone: 444-2957 LSD orLegislative Communications Office Having Your Say: How to Testify Effectively Before aLegislative Committee LSD FinalHistory and Resolutions StatusofBillsand LSD (Free to allMCA subscribers.) chapterand numbers, aneffective and date table. affected, atableofsessionlaw to code, tablescross-referencing billnumbers includes index, asubject atableofcode affected, sections atableof session laws number. Includes billnumber, the chief sponsor, bill.Also titleofthe and ofallbillsthathaveSummary become law, organized by SessionLaw chapter Montana Legislative Review. Legislative the Printing Distributionjournals and Office. from Each distributes house to members. Members publicmay ofthe purchase Daily journals Laws ofMontana.SessionLaws for each legislative sessionare LSD. Available cost atno to legislators session. servedinthe who E-mail: [email protected] Where: What: (406) Where: What: 444-3411 Chapter 11: Paid Getting and Other Important Details Where: What: Where: What: Where: What: Where: What: Where: What:

State Capitol, Room52B (406) 444-7462 or(800)287-8266 Helena, MT59620-0130 P.O. Box 200130 100 N.Park Ave., Suite 320 Division ofAdministration,Montana Department Health Care Benefits (seeabove) or LSD Financial HumanResource and Office Plan StateThe Employee Benefits State Capitol, Room154 LSD Financial HumanResource and Office Fax: (406) 657-2977 office) (Billings (406)Phone: 657-2987 office) (Billings Cell: (406) 698-7426 State Capitol, Room50 Yellowstone PublicRadio (406)Phone: 444-9399 State Capitol, Room81 Montana PublicRadio Capitol Bureau (406)Phone: 442-4641 State Capitol, Room52A KXLH, KXLF, KRTV (CBS) Montana Television Network Capitol Bureau (406)Phone: 443-6390 State Capitol, Room52 NBC) KULR KHBB, KFBB, (ABC, Cowles MontanaMediaCapitol Bureau (406)Phone: 442-9493 Great Falls Tribune Capitol Bureau

131 Montana State Legislature 132 The Legislator’s Handbook http://courts.mt.gov/library/default.mcpx Where: What: Where: What: Chapter 13: Information Centers Where: What: Activities Interim 12: Chapter Resource http://mpera.mt.gov/index.shtml Office. E-mail: [email protected] Where: What:

100 N.Park Ave., Suite 200 (406) 444-3660 or(800)710-9827 Helena, MT59620-3004 P.O. Box 203004 215 N.Sanders St. Justice Building State Law Library information for current the session,visithttp://leg.mt.gov/laws.htm. click sessionyear. onthe then leftsideand on“Bills”the To directly access page. To Legislative the Branch directly website, lookupbillinformation from areDetailed instructions available through “Help” the bottom linkatthe ofthe page.left sideofthe Click sessionyear onthe linkfor the then and LAWS. LegislativeOn the Branch website (http://leg.mt.gov/), click onthe on“Session” Session information through LAWS LSD committees onwhich legislators serve. Interim Directory ofLegislative Committees Includes other Activities. and LSD the Financial Human and Member handbooks may from beobtained (406) 444-3154 or(877)275-7372 Helena, MT59620-0131 P.O. Box 200131 Montana PublicEmployee Retirement Administration (MPERA)

http://ceic.mt.gov/ Where: What: E-mail: http://msl.mt.gov/ (406) [email protected] 444-3115 Where: What:

1515 East 6thAve. E-mail: [email protected] form orusee-mail athttp://ceic.mt.gov/emailform.aspx Fax: (406) 841-2871 (406)Phone: 841-2740 Helena, MT59620-0505 P.O. Box 200505 Park301 S. Ave. Census Economic and Information Center Helena, MT59620-1800 P.O. Box 201800 Montana State Library

133 Montana State Legislature 134 The Legislator’s Handbook Terms Used Commonly of Glossary B: Appendix

135 Montana State Legislature 136 The Legislator’s Handbook house tohouse resolve differences between onabill. houses the CONFERENCE COMMITTEE: Agroup ineach oflegislators appointed by presiding the officer CONCURRENCE: Agreement by to house one aproposal house. other ofthe oraction for transaction the onsecond ofbusiness reading. COMMITTEE OFTHEWHOLE: convening The ofanentire legislative into house acommittee place meeting Senate ofthe HouseofRepresentatives. or the official CHAMBER: The members inahouse. ofapoliticalparty CAUCUS: ofallmembers Ameeting ofapoliticalparty. term The alsorefers collectively to all included general inthe appropriations bill. purpose thatisnot appropriation forCAT aspecific Abillthatmakes ANDDOGBILL: aspecific session. into thatbrings officially house either CALL TO presiding ofthe action ORDER:The officer seeLegislative-- Rules. CALL OFTHESENATE (HOUSE):Aprocedure usedto compel attendance ofabsentmembers consideration. Alsocalledlegislation. Aproposed lawBILL: thatissponsored by alegislator presented and to Legislature the for purpose. specific APPROPRIATION: Legislative authority for expenditure ofstate money to astate agency for a reading during consideration by Committee the Whole. ofthe resolutions may beoffered committee, in astanding inaconference committee, oronsecond AMENDMENT: Achange proposed to ormade abillorresolution. to Amendments billsand resolutions. ADOPTION: Approval oracceptance; usuallyappliedto and amendments, motions, datemeeting issetexcept asprovided inlaw. ADJOURNMENT SINEDIE: current ofthe Ending Legislature. sessionofthe Nofuture nextof the setbefore meeting adjournment. House ofRepresentatives takes place close atthe ofeach legislative day, day and hour with the ADJOURNMENT: ordailyfloorsession.Adjournment ofameeting Ending Senate ofthe orthe Governor’s approval. enrolled, approved and by Governor the orpassed over Governor’s the veto the orwithout ACT: Legislation thathasbeenpassed by Senate boththe HouseofRepresentatives, the and JOURNAL: The official chronological record proceedings of the official inahouse. The JOURNAL: periodINTERIM: The between oftime regular legislative sessions. call for aconstitutional convention. voters. Ifapproved by voters, the proposal the becomes law. process The may alsobeusedto measuresign apetition,the isplaced ballot for onanelection approval orrejection by the electors percentage qualified ofthe laws constitution. ofthe amendment orthe Ifaspecified INITIATIVE: Aprocess through which citizens may initiate of oramendment enactment the information onabill. HEARING: Publicdiscussionscheduled by committee astanding for purpose the ofgathering year 30. on June ends beginsonJuly1 and state The activities. fiscal FISCAL YEAR: 12-month The period basis thatisthe for state’s the financial and budgeting liability.local revenue, expenditures, orfiscal FISCAL NOTE: Abrief thatcontains document ananalysis ofabill’s onstate dollarimpact or orposition. ofone’sEX OFFICIO: Byvirtue office vote. ofState, Secretary withthe presentation to orreferral Governor, the to peoplefor the filing a passes Legislature the for preparationENROLLING: The form ofabillinthe that itfinally textthe ofabill. incorporationENGROSSING: The allappropriate and ofamendments technical corrections into effect onOctober 1following specified. asessionunlessotherwise EFFECTIVE DATE: date The onwhich alaw takes effect becomes and Mostlaws binding. take districts. designated by anumber. ASenate district consists oftwo HouseofRepresentatives’ adjoining DISTRICT: geographic The area ofMontanarepresented by alegislator. Each district is CONVENE: ofalegislative beginameeting body. To officially CONSTITUENT: Aperson lives who district inthe represented by alegislator. duties affecting membership the ofaprofession, occupation, orclass. currentUnder legislationorlegislative ethicslaws, aconflict ofinterest arise doesnot from ability ofthatlegislator to vote orthatgives impartially rise to anappearance ofimpropriety. CONFLICT OFINTEREST: Aconflict created by apersonal interest ofalegislator thataffects the Governor. CONFIRMATION: Approval by Senate the for ofanomination by made anappointment the

137 Montana State Legislature 138 The Legislator’s Handbook acted onmay bebrought back before body. the RECONSIDERATION: process Aparliamentary by which orquestionthathasbeen amotion RECESS: Abreak inacommittee ordailyfloorsessionofahouse. meeting valid transaction ofbusiness. minimumnumberofmembersQUORUM: The ofalegislative bodyrequired to bepresent for immediate vote. PREVIOUS QUESTION: to A motion close debate bring and questionto pending the an gender-neutral term for “chairman”. PRESIDING person OFFICER:The presides who over acommittee term The orahouse. isa aviolationhasoccurred. ornot whether violation oforder asto requests rulesand orofthe adetermination by presiding the officer POINT (QUESTION) thatcallsattention of amember OFORDER:Amotion to apotential legislative business. official legislative orfor expenses meetings conducting associated withattendingto defray official PER DIEM:Literally “for aday”. term The isusedto refer to apayment thatalegislator receives MOTION: Aformal proposal offered by amember. Montana thatare ofapermanent orgeneral nature. version published statutes ofthe MONTANA of CODE codified, ANNOTATED: official The legally required record meeting. ofthe MINUTES: Arecord and taken actions ofthe at acommittee official thatserves asthe meeting MINORITY PARTY: having politicalparty The second the members most ofahouse. that isrecorded journal. inthe opposite the house communication from MESSAGE FROMTHESENATE (HOUSE):Anofficial recorded journal. inthe Governor the thatis communication from MESSAGE FROMTHEGOVERNOR: Anofficial PARTY:MAJORITY having politicalparty The members most the inahouse. oflegislationbeforeenactment Legislature the members orthe Legislature. ofthe LOBBYIST: Aperson ishired who to practice inthe engage ofpromoting the oropposing Legislature hastwo chambers: Senate the HouseofRepresentatives. and LEGISLATURE: branch The ofgovernment responsible for passing statutory laws. Montana The LEGISLATOR: Anelected Senate the ofeither member House ofRepresentatives. orthe VETO: taken Anaction by Governor the to reject abillpassed by Legislature. the legislativein the rules. chamber. Different types ofbillshavebeen passed by first the different transmittal deadlines abillto ofsending TRANSMITTAL: act The second the chamber for consideration after ithas vote onabill. final legislative pointinthe THIRD READING:The process legislators when ineach chamber take a 16-year period. Senators representatives and may office. one than8years longer serveno chamber inone ina TERM LIMITS: may Constitutional serve in limitsonhow alegislator long state orother official such away thatitsconsideration may beresumed body. willofthe atthe TABLE ORLAY ON THETABLE: to Amotion setasideconsideration questionin pending ofthe substitute billmay change not original the purpose bill.) ofthe SUBSTITUTE thatreplaces Anamendment text the BILL: ofanentire bill.(To bevalid, the Code Annotated (MCA). STATUTE: Alaw passed by Legislature. the InMontana,statutes are compiled into Montana the area subject to and perform duties. other a specified STANDING COMMITTEE: Acommittee by established ahouse’s rulesto consider legislationin legislative process. legislatorSPONSOR: The introduces who abillorresolution guidesitthrough and the specialsession. callofthe inthe matters specified Governor oramajority members ofthe Legislature. ofthe Aspecialsession islimited to SPECIAL Legislature ofthe SESSION:Ameeting convened request atthe the ofeither Legislature. ofthe or ahouse Aresolution have doesnot force the oflaw. Legislature,the thatrequires an interim study, orthatgoverns Legislature ofthe business the RESOLUTION: thatexpresses Adocument Legislature opinionorwillofthe the of orahouse REQUESTER: legislator The orcommittee thatasks thatabillorresolution bedrafted. of each odd-numbered year lastsfor and upto 90days. REGULAR regularly SESSION:The scheduled Legislature sessionofthe thatbeginsinJanuary a petitionprocess. approval orrejection. referendum The may beinitiated by Legislature the orby voters through submissionofaproposedREFERENDUM: The orenacted piece oflegislationto peoplefor the

139 Montana State Legislature 140 The Legislator’s Handbook Acronyms C: Appendix

141 Montana State Legislature 142 The Legislator’s Handbook LAD LAC GF GABA FY FWP FTE ETIC EQC ELG DPHHS DOT DOR DNRC DEQ D ofA CSG CHIP CFR CFHHS BASE ARM Legislative Audit Division Legislative Audit Committee General Fund Adjustment (state employeeGuaranteed retirement) AnnualBenefit Fiscal Year of Fish, Wildlife,Department Parks and Full-Time Equivalent (employee) Energy Telecommunications and Interim Committee Environmental Quality Council Education Local and Government Interim Committee ofPublicHealthDepartment HumanServices and ofTransportation (alsoMDT)Department ofRevenueDepartment ofNatural ResourcesDepartment Conservation and ofEnvironmentalDepartment Quality ofAdministrationDepartment Council ofState Governments Children’s Health Insurance Program Code ofFederal Regulation Children, Families, Health, (interim HumanServices and committee) forBase Amount School Equity (school funding) Administrative RulesofMontana PNWER PERS ORPA OPI OLIS OBPP NCSL MPEA MPAN MCA MACo LJIC LSD LFD LFC LFA LEPO LCO LC LAWS (LSD) thisnumberingwhen system was implemented. request.) Legislative The Divisionwas Services Legislative calledthe Council (LC) Pacific Northwest Economic Region Pacific Public Employees’ Retirement System ofResearch Policy and Analysis (LSD) Office ofPublicInstruction Office ofLegislative Information Services Office Program ofBudgetand Governor’s Planning Office National Conference ofState Legislatures Montana PublicEmployees Association broadcasting administrated service by LSD through Formerly PBS. TVMT.) Montana PublicAffairs Network (legislative publicaffairs television internet and laws, orstatutesMontana Code ofMontana) Annotated codified (the Montana Association ofCounties Law Justice and Interim Committee Legislative Division Services Legislative Fiscal Division Legislative Finance Committee Legislative Fiscal Analyst WPIC) and ETIC, EQC, (staffsthe Legislative Environmental Policy Office Legislative Communications Office Legislative Council (Each billdraft request isgiven numberinorder an“LC” of Legislative Automated Workflow System

143 Montana State Legislature 144 The Legislator’s Handbook WPIC WIC USC TVMT TIF SID SAVA SABHRS RTIC Water Policy Interim Committee (LSD) Women, Infants, Children and (program) United States Code administeredservice by LSD. Now MPAN.)) Television Montana(legislative publicaffairs television Internet and broadcasting Tax Increment Financing District Special Improvement District State Administration Veterans’ and Affairs Interim Committee Statewide Accounting, HumanResource and Budgeting, System Revenue Transportation and Interim Committee and Notes and of Bills, Resolutions, Colors for Printing D: Appendix

145 Montana State Legislature 146 The Legislator’s Handbook Gray Gray Cherry Buff Ivory Salmon Tan Blue Yellow White Legal Review Note. note. fiscal Sponsor’s note. fiscal Amended note. Original fiscal amendments). Reference billwithlater (conference amendments committee orGovernor’s Third reading billorresolution insecond “reference -- house bill”. Second reading billorresolution insecond house. reading insecond house.) (Alsofirst house. Third reading billorresolution infirst house. Second reading billorresolution infirst Introduced billorresolution enrolled and billorresolution. Legislators Interim Services for E: Appendix

147 Montana State Legislature 148 The Legislator’s Handbook LEGISLATURE & INFORMATION TO ALL 150MEMBERSOF THE ANSWER QUESTIONS AND PROVIDE RESEARCH agencies andcanassistincontacting theappropriate agency staff. Upon request, legislative staff provides information onall executive legislative session. not apply to bill drafting services duringandimmediately preceding a subject to approval from theExecutive Director. The limitation does plan. Most requests are fulfilled within thistimeperiod. More timeis individual legislator for research that isnot partof acommittee work make requests. Staff may work up to 16hoursona request from an all legislators onany topic. Legislators cancall,email,or drop by to Legislative staff l responds to research andinformation requests from including meeting presentations. activities, andother specificsubject areas in a variety of formats – and others basedoninterim committee policy work, legislative Legislative staff canpresent information to legislators, interest groups, The nonpartisan, impartial agency that Division (LSD) isanindependent, serves asasource of information assigned by law andasdirected or requested by legislators and for theMontana Legislature as performs dutiesandfunctions Montana Legislative Services legislative committees. LSD for thepubliconlegislative

matters.

INTERIM SERVICES INTERIM FOR LEGISLATORS FOR STAFF INTERIM& ADMINISTRATIVE COMMITTEES PUBLIC NOTICES &NEWS RELEASES PROVIDE JOURNAL AND INTERIM PUBLISH AN monthly updates here: http://leg.mt.gov/css/Lyris/email_logon.asp additional outreach to legislators andthepublic.Signupto receive the journal to solicitpubliccomment oncommittee work andto provide previews andagendas,meeting overviews, and wrap-ups. Staffers use committee activities. The journal provides interim committee meeting The onlinejournal includesregular updates oninterim andstatutory News releases andother updates are posted. media. You canfollow uson Twitter @MontanaLegislature or onFacebook. The Legislative Communications Office maintains a presence onsocial history andfinal status of legislation. updates oncodification andthepublication of legislative reviews andthe work andmeetings, requests for publiccomment andparticipation, and releases from LSD. Releases includeinformation oninterim committee Legislators andmembersof thepubliccansignupto receive news available here: http://leg.mt.gov/css/Committees/interim/Default.asp information isorganized by committee andposted ontheLSD website and Staff personnel. agencies, summariesof timely program issues,andinterviews with program the agency, reports ontheimplementation of existing laws andrulesby and reporting to committees. Itmay includeevaluations of programs within various agencies.Itincludesconsistent involvement inagency activities committees. This includesreviewing andmonitoring rulesproposed by Committee staff conduct agency oversight , asdirected by interim other requests from thecommittee. objective information onall topics inthe work planandinresponse to any with theassignedattorney, theresearcher provides thecommittee with outlining thecommittee’s work that includesinterim studies.Inconjunction committee. The researcher works with thecommittee to develop a work plan The research analyst managestheinterim committee at thedirection of the and legislation before Sept. 15prior to theregular session. The committee mustapprove thereport, findingsand recommendations, may askstaff to provide draft findings, recommendations, andlegislation. Committee staff prepares draft reports oninterim studies. The committee

provide summaries andbriefs ona wide-variety of policy topics. The

INTERIM SERVICES INTERIM FOR LEGISLATORS FOR

149 Montana State Legislature 150 The Legislator’s Handbook Index

151 Montana State Legislature 152 The Legislator’s Handbook Deferred compensation plan: 108 65 Deadlines: 62, 58, D Cosponsors: 59, 90, 95 Convening: 39, 89, 92 Consumer 25-26, counsel: 115 5,12, Consent 95 calendar: Conference: 47, 101-102, 89-90, 93-94, 63,66, Committee 85 reports: Committee 85, 82, 66, 33, whole: ofthe 62-64, Committee 77, bills:54, 83 publication:63,71 and Codification Code 71 commissioner: 18, 59,Chief clerk 38, 61,111 16, house: ofthe Census economic and information center: 124 C 83 resolutions:Bills and 72, 51-52, Bill drafting manual:19, 52-53, 77, 55, 68, 82 Beg leave: 94 B Attorney 122 72, general: 48, 5,42, 74, 59,Appropriations: 23, 25,38, 65-66, 4, 77, Appropriation bills:53, 59, 64-66 70, to:Amendments 68, 66, 19, 77, 53, 64, 81- drafting 64 Amendment services: Adjournment: 91, 95 onbills:81,83 Action recommendation: and Action 82 Accountability: 33 A 109 96 94, 90-91, 109 94, 93, 90-91, 95 82, “feed bill”:109 F Expenditure analysis: 25 Ethics: 31,33 Enrolling: 19, 62-63 Engrossing: 19 Effective date: 53-54 E Drafting 57-58 requests: 54, Drafting resolutions: ofbillsand 54 77, 68, 52-58,Drafting: 64, 19, 48, 82 commission: Districting apportionment and House ofrepresentatives: 15-17, 5,12, 29, 33, 36, 109 House billno.: 65-66, statusofbills and History final and Hearings: 79 H 93,Governor’s 90-91, 95 64, amendments: Governor: 7, 4-5, 36-37, 69, 59, 52, 63-64, 44-45, 65 General bills:54, General appropriations 109 bill: 25,65,94, G Free conference: 66 Food 110 service: Fiscal analysts: 66 First reading commitment: and 90, 39-40, 93 106-107 Financial humanresource and office: 20, 29, 115 90-95, 110-111 90-95, 76, 49, 78,38-40, 46, 61,65-66, 87-88, 52, resolutions: 72 93-9689-91, Local governments: 9 Legislative 18-19, division:5,12, services 45, 49, Legislative reference center: 120, 122 24-25, division:5,12, 65-66, Legislative fiscal analyst: 23-24 Legislative fiscal committee: 23,25, 5,12, Legislative finance Legislative council: 5,12-13, 20, 15-16, 18, 30, 37, Legislative budgetanalysis: 66 Legislative branch website: 57-59, 120-121 71, Legislative 20-21, 11-12, 30, branch: 18, 45, 57- 4, Legislative automated workflow system Legislative auditor: 21 Legislative 21 auditdivision:5,12, Legislative auditcommittee: 21-22, 114, 5,12, Legal review: 19, 57-59 Laws: 122 63,71, L 47-48, 6, Judicial branch: 4, 65 Journals: 19, 95,121-123 72, Joint subcommittees: 77 65-66, J Item veto: 64 58-59, 54, 52, 42, 36, 28, 12, Introduction: 1,4, Interpretation: 47 Internet access: 110, 121-122 Interim studies:7, 20, 18, 114-117 Interim committees: 114 Information technology council: planning 115 Information technology: 20, 115 I 107, 120 110-111, 116, 77, 68-69, 71, 66, 64, 106- 102, 54-58, 52, 70, 77 117 114, 109, 106, 114-117 102, 56-58, 48, 59, 115,117, 71, 120-121 (laws): 56-57 117 120 61, 74, 114, 106, 98, 88, Mpan: 99, 102-103 Motions: 82-83, 90, 95 Montana state 123 library: Montana legislative review: 19, 72 Montana historical society research center: Montana code annotated 19, 2, (mca): 45, 71 Minutes: 85 37-38,Minority: 13,16, 57, 48, 75-76, 109 78, 94, 79 Meetings: Mason’s manualoflegislative procedure: 42, Majority: 13,15,37-38, 76, 78, 94 48, Mail: 111 M Quorum: 78 Q commission: 115 Public service 5,26, Public notice: 43, 79 Progress ask:91 and Procedural rules:47 President pro tempore senate: ofthe 12 President senate: ofthe 38-39, 12-14, 18, 57, 61, Preintroduction: 58-59 Preamble: 67 Per diem:107 P Order 89-95 ofbusiness: space: 111 Office affairs: ofindian 7 Office O Nonsubstantive changes: 68 N 124 46-47, 49-50, 90, 94 75-76, 88-90, 109 96,

153 Montana State Legislature 154 The Legislator’s Handbook Suspension of rules: 46, 50 Suspension ofrules:46, 50 Suspension: 46, Subcommittees: 65,83 Statute: 109, 53, 31,33, 72, 116 36, Sponsors: 77, 110 Special sessions:36 Speaker pro tempore 15 house: ofthe Speaker 40, 38, 49, 15-16, house: ofthe 18, 57, 102Social media: Simple resolutions: 52 Session laws: 122 71, Session information desk:120 Senate committee on:37-38, 116 Senate: 23,28-30, 12-14, 18, 4-5, 33, 36-39, 42, senate: ofthe Secretary 59, 13,38, 61,91, 110-111 ofstate:Secretary 5,29, 36-37, 71 63-64, 39, 48, 69,Second 77, reading: 64, 61-62, 94-96 90-91, Schedule workload: and 75 S legislature: montana Rules ofthe 19, 2, 31,42, Rules committees: 49, 38, 109 91, report: 94 Rise and Right to know: 43 Revenue taxpolicy estimationand analysis: 67, 54, Resolutions: 51-52, 83 71-72, Requirements for bills:53 minutes: and Reports 85 Referral to committees: 15 12, Redistricting reapportionment: and 29 Redirect legislation:90, 95 R 61, 75-76, 109, 96, 78, 115-116 92-94, 122 74-76, 78-79, 87-91, 93-96,103, 109-111, 116, 57, 48-50, 52, 45-46, 71, 59, 61,63,65-66, 49,45-46, 53 24 Work sessions:82 W Veto override: 64 Veto: 63-64 44, V Travel expenses: 107 Transmittal: 90, 93, 65-66, 111 62, Third 91, 95,110 reading: 66, 15,62-64, Tax policy analysis: 24 T