Montana's Lawmaking Process: From Bill To Law

The process of a bill becoming a law in Montana involves several stages. It begins with a bill request from a sponsoring legislator, which is then assigned a number by the Legislative Council. After approval, the bill is introduced in the sponsor's chamber, either the House or the Senate, and assigned a new bill number. This number remains the same throughout the legislative process. The bill then undergoes three readings, during which it is discussed, amended, and opened for public testimony. The bill must be passed by a majority vote in both the House and the Senate and signed by the Governor to become a law. While most bills don't make it through all the stages, those that do become part of the U.S. Code, with similar laws codified near each other.

Legislative session

The Montana Legislature meets in the state capital of Helena for no longer than 90 days in each odd-numbered year. The primary purpose of each legislative session is to pass a balanced budget, which is then signed by the Governor. The legislative session is also an opportunity for legislators to make laws that affect the lives of Montanans. Thousands of bills are introduced during each legislative session, but few are enacted into law and most never receive serious consideration.

All laws start as a bill request from a sponsoring legislator. The Legislative Council assigns a number to each bill request in the order they are requested. Once the sponsor of the bill has approved it, the bill is introduced in the sponsor’s chamber, either the House or Senate, and a “HB” (House Bill) or “SB” (Senate Bill) and new bill number are assigned. This number stays the same as the bill goes through the legislative process. For example, SB77 (Senate Bill 77) will remain SB77 as it moves through both the Senate and the House. Virtually all bills (except Resolution bills) must be reviewed and passed by both the House and the Senate, and then be signed by the Governor, to become law.

Bills start with a First Reading, when the leadership of the House and Senate assign each bill to one of two dozen legislative committees for discussion, amendment, and public testimony. Committee Chairs decide when to schedule a bill for a committee hearing. Hearings are open to the public for comment. At the hearing, the bill’s sponsor is the first to speak to the committee, laying out the intent and reasons for the proposed law. Next, representatives of the agency that would have to implement the law comment on the proposed bill. Thereafter, the hearing is open to citizens to testify and support or oppose the bill.

If a majority of the committee votes in favour of the bill, the bill gets a do-pass recommendation from the committee, and the bill is sent to the full membership of either the House or the Senate for Second Reading. At Second Reading, the full House or Senate debate the bill and may again amend it. If the majority of the full House or Senate pass the bill at Second Reading, the bill goes to Third Reading. Third Reading doesn’t allow for any amendments. If the bill is to continue, a majority of the members of the full House or Senate must again pass the bill at Third Reading.

After a House bill successfully passes its Third Reading, it is sent to the Senate and repeats the entire process there. Similarly, Senate bills that make it through Third Reading go to the House.

Bill request

The process of a bill becoming a law in Montana starts with a bill request from a sponsoring legislator. The Legislative Council assigns a number to each bill request in the order they are requested. The sponsor then approves the bill, and it is introduced in the sponsor's chamber (either the House or the Senate), where it is assigned a new bill number, which stays the same throughout the legislative process. For example, a Senate Bill (SB) will keep the same number as it moves through the Senate and the House.

The bill then goes through three readings. During the First Reading, the bill is assigned to a legislative committee for discussion, amendment, and public testimony. The Committee Chair schedules the bill for a committee hearing, which is open to the public for comment. The bill's sponsor speaks first, outlining the intent and reasons for the proposed law. Then, the agency that would implement the law comments on the bill, and citizens can testify in support or opposition.

After the First Reading, the Committee Chair schedules the bill for a vote during an executive session. This could be on the same day as the public hearing or at a later date. During the executive session, committee members may offer amendments to the bill's language, which are adopted by a majority vote. After all amendments are voted on, the committee votes on the final version of the bill, including all approved changes. If a majority of the committee votes against the bill, it dies. Committees can also vote to table a bill, which generally means it will not be considered further.

If the committee votes in favour of the bill, it gets a "do pass" recommendation and is sent to the full House or Senate for the Second Reading. Here, the bill is debated and may be amended again. If the majority of the full House or Senate passes the bill at the Second Reading, it goes to the Third Reading. No amendments are allowed at this stage. For the bill to continue, a majority of the members of the full House or Senate must pass it at the Third Reading.

After a bill successfully passes its Third Reading in the House, it is sent to the Senate and repeats the entire process. Likewise, Senate bills that make it through the Third Reading go to the House and go through the same procedure.

Bill introduction

Montana's Legislature, comprising 50 senate seats and 100 house seats, meets in the state capital of Helena for no longer than 90 days in each odd-numbered year. During these sessions, legislators make laws that affect the daily lives of Montanans, with thousands of bills introduced. All laws start as a bill request from a sponsoring legislator. The Legislative Council assigns a number to each bill request, in the order they are requested. Once the sponsor of the bill has approved it, the bill is introduced in the sponsor’s chamber, either the House or the Senate, and a “HB” (House Bill) or “SB” (Senate Bill) prefix is added, along with a new bill number. This number stays the same throughout the legislative process.

For example, a bill might be called SB77 (Senate Bill 77). This bill will be known by this name as it moves through both the Senate and the House. It's important to note that virtually all bills (except Resolution bills) must be reviewed and passed by both the House and the Senate, and then be signed by the Governor, before becoming law. This ensures a thorough review of all bills and provides an opportunity for public input.

During the First Reading, the leadership of the House and Senate assign each bill to one of two dozen legislative committees for discussion, amendment, and public testimony. Committee Chairs decide when to schedule a bill for a committee hearing, which is open to the public for comment. The bill’s sponsor is the first to speak to the committee, outlining the intent and reasons for the proposed law. Next, representatives of the agency that would implement the law comment on the bill. After this, the hearing is open to citizens who can testify in support of or against the bill.

Committee hearing

The committee hearing is a crucial stage in the legislative process, where a bill undergoes scrutiny, discussion, and amendment. In Montana, the legislative process involves a series of steps, with the committee hearing being a pivotal point that can make or break a bill's journey towards becoming a law. Here's an overview of the committee hearing process in Montana's legislative system:

Scheduling the Hearing:

The timing of a committee hearing is decided by the Committee Chair. This hearing is open to the public, allowing citizens to observe the process and participate in the discussion. The hearing is scheduled after the bill has been introduced in the sponsor's chamber, been assigned a bill number, and undergone its First Reading.

Participants in the Hearing:

The committee hearing involves several key participants, each playing a specific role:

• Committee Chair: The Committee Chair is responsible for scheduling the hearing and facilitating the discussion. They maintain order during the hearing and guide the process.
• Bill Sponsor: The legislator who proposed the bill is the first to speak at the hearing. They present the intent and reasons behind the proposed legislation, outlining why it should be considered for passage.
• Agency Representatives: Representatives from the agency that would be responsible for implementing the law if it were to pass comment on the bill. They provide insights into the practical implications and potential challenges of the proposed legislation.
• Citizens: The hearing is open to citizens, who can testify and express their support or opposition to the bill. This allows for public input and ensures that the potential impact of the legislation on Montanans is considered.

Amendments and Voting:

During the committee hearing, the committee members can offer amendments to the bill. Amendments are changes to the language or specific provisions of the bill. An amendment is adopted if it receives a majority vote among the committee members. After all amendments have been addressed, the committee votes on the final version of the bill, which now includes all approved amendments.

Outcomes of the Hearing:

The committee hearing can result in several possible outcomes for the bill:

• Passage: If a majority of the committee members vote in favour of the bill, it receives a "do pass" recommendation. This means the bill will advance to the next stage of the legislative process, moving towards a Second Reading in either the House or the Senate.
• Defeat: If a majority of the committee votes against the bill, it dies in committee. This essentially ends the bill's journey, and it will not progress any further in the legislative process.
• Tabling: Committees can also vote to table a bill, which typically indicates that the committee does not intend to consider the bill further. This is another way a bill can effectively die in committee.

The committee hearing serves as a critical checkpoint, where the merits of the bill are examined, and public input is considered. It is a key step in Montana's legislative process, ensuring that proposed legislation undergoes thorough review and discussion before advancing towards becoming a law.

Voting

Montana's Legislature is made up of 50 senators and 100 house representatives. Each senator represents approximately 20,000 Montanans, and each representative represents about 10,000. The Legislature meets in the state capital of Helena for no longer than 90 days in each odd-numbered year. The primary purpose of each legislative session is to pass a balanced budget, which is then signed by the Governor.

The legislative session is also an opportunity for legislators to make laws that affect the daily lives of Montanans. Thousands of bills are introduced each legislative session, but few are enacted into law, and most never receive serious consideration. If a bill is not enacted into law, it dies at the end of a Congress, which is the fate of about 95% of those introduced.

Bills start with a First Reading, when the leadership of the House and Senate assign each bill to one of two dozen legislative committees for discussion, amendment, and public testimony. Committee Chairs decide when to schedule a bill for a committee hearing. Hearings are open to the public for comment. At the hearing, the bill's sponsor is the first to speak to the committee, laying out the intent and reasons for the proposed law. Next, representatives of the agency that would have to implement the law comment on the proposed bill. Thereafter, the hearing is open to citizens to testify and support or oppose the bill.

The Committee Chair then schedules the bill for a vote during an executive session, which could be the same day as the public hearing, or several days later. During the executive session, committee members may offer changes to the language of the bill, called amendments. An amendment is adopted when the majority of the members of the committee vote to approve it. After all amendments are voted on, the committee votes on the final version of the bill, which includes all the approved changes. If a majority of the committee votes against the bill, it dies in committee. Committees can also vote to table a bill, which generally means the committee will not consider the bill further, and this is another way a bill can die in committee.

If a majority of the committee votes in favour of the bill, it gets a 'do pass' recommendation from the committee, and the bill is sent to the full membership of either the House or the Senate for Second Reading. At Second Reading, the full House or Senate debate the bill and may again amend it. If the majority of the full House or Senate pass the bill at Second Reading, the bill goes to Third Reading. Third Reading does not allow for any amendments. If the bill is to continue, a majority of the members of the full House or Senate must again pass the bill at Third Reading.

After a House bill successfully passes its Third Reading, it is sent to the Senate and repeats the entire process there. Similarly, Senate bills that make it through Third Reading go to the House.

Because bills must go through this review process twice, once in the House and once in the Senate, the legislature sets a deadline for when bills have to complete this process in the first chamber and be sent to the other. This is called the transmittal deadline. While this may seem like a long and cumbersome process, it ensures that legislators thoroughly review all bills that become law, and the public has an opportunity to comment on the proposed law. All Committee sessions and all floor sessions are livestreamed and recorded, so citizens can watch the process at all stages.

Frequently asked questions