Bill > SB476

This bill clarifies and codifies the separation of powers doctrine in Montana's government, defining the specific powers and limitations of each branch of government. It establishes that the legislative, executive, and judicial branches are restricted to powers enumerated in the Montana constitution and granted by law, with each branch prohibited from exercising powers belonging to other branches. The bill specifically limits the judicial branch from amending legislative act effective dates, declaring laws unenforceable beyond specific cases, and exercising executive powers. For the board of regents and board of public education, the bill defines them as executive branch agencies with oversight responsibilities, clarifying that their constitutional powers do not extend to overriding state statutes. The legislation emphasizes that these boards must enforce laws adopted by the legislature, respect constitutional rights, and perform their duties within the scope of their assigned jurisdictions. The bill also amends existing statutes to explicitly state that the board of regents and board of public education are executive agencies charged with complying with and enforcing state law. The act becomes effective immediately upon passage and approval, and is intended to be codified as a new part of Title 1, Chapter 1 of Montana's legal code.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC0049