Bill > SB450

This bill authorizes the top legislative leaders—specifically the Speaker of the House and the Senate President—to participate as "amicus curiae" (friend of the court) in legal cases involving the interpretation of legislative laws. The bill recognizes that proper interpretation of legislative enactments is a matter of significant public interest, and allows these legislative officers to file amicus briefs in state or federal courts when statutory interpretation is at issue. Importantly, the bill clarifies that this new authority does not override the Attorney General's role in representing the state, and participation in legal actions will not waive legislative immunity or privileges. The legislative officers can use funding approved by the legislative council or under their own control to pay for attorney fees and costs associated with filing these briefs. The bill will become effective immediately upon passage and will apply to legal proceedings initiated on or after its effective date, and it is intended to be codified as part of Title 5, Chapter 2, Part 1 of Montana state law.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC4381