Bill > SB286

This bill clarifies the legal principle regarding the precedential value of court decisions (caselaw) that interpret a statute when the legislature subsequently makes changes to that statute. Specifically, the bill establishes that when the legislature takes action on a statute that has previously been interpreted by a court, the court's earlier interpretation becomes secondary or less authoritative. In other words, if the legislature passes new laws or amends existing statutes after a court has already provided a judicial interpretation of those provisions, the legislative action will take precedence over the previous court decision. The bill is intended to be codified as part of Title 1, Chapter 1, Part 1 of Montana state law, which suggests it is a fundamental clarification of how statutory interpretation should be approached. This provision helps ensure that the most recent legislative intent takes priority in legal interpretation, giving more weight to the current lawmakers' understanding and direction over prior judicial constructions of the law.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC0057