KLS Keeping Law Simple Legislation in plain English

Straight-ahead summaries built from the official bill text. We keep the source links front and center and leave the decision up to you.

Back to Montana

HB30 • 2025

Requiring the Supreme Court to apply a burden of proof for challenge to constitutionality of legislative act

Requiring the Supreme Court to apply a burden of proof for challenge to constitutionality of legislative act

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Lee Deming
Last action
2025-05-22
Official status
(H) Died in Process
Effective date
Not listed

Plain English Breakdown

The bill did not become law and its exact impact is unknown as it died in process.

Setting Proof Requirements for Constitutional Challenges

This bill requires the Montana Supreme Court to apply a 'beyond a reasonable doubt' standard when reviewing challenges that claim a legislative act violates the state constitution.

What This Bill Does

  • Requires the Montana Supreme Court to uphold a legislative act unless it is proven unconstitutional beyond a reasonable doubt.
  • Amends Section 3-2-701 of the Montana Code Annotated, which deals with court rules and procedures.

Who It Names or Affects

  • The Montana Supreme Court
  • People who challenge legislative acts in Montana courts

Terms To Know

Burden of Proof
The obligation to provide enough evidence to support a claim or charge.
Substantive Rights
Basic legal rights that define the relationship between individuals and the state, such as freedom of speech or due process.

Limits and Unknowns

  • The bill died in process and did not become law.
  • It does not specify what happens if a challenge meets the 'beyond a reasonable doubt' standard.

Bill History

  1. 2025-05-22 HOUSE

    (H) Died in Process

  2. 2025-02-15 SENATE

    (S) Scheduled for 2nd Reading

  3. 2025-02-15 SENATE

    (S) 2nd Reading Concur Motion Failed

  4. 2025-02-15 SENATE

    (S) 2nd Reading Indefinitely Postponed

  5. 2025-02-13 SENATE

    (S) Hearing

  6. 2025-02-13 SENATE

    (S) Committee Executive Action--Bill Concurred

  7. 2025-02-13 SENATE

    (S) Committee Report--Bill Concurred

  8. 2025-02-07 SENATE

    (S) Hearing Canceled

  9. 2025-01-29 SENATE

    (S) First Reading

  10. 2025-01-29 SENATE

    (S) Referred to Committee

  11. 2025-01-28 HOUSE

    (H) Scheduled for 3rd Reading

  12. 2025-01-28 HOUSE

    (H) 3rd Reading Passed

  13. 2025-01-28 HOUSE

    (H) Transmitted to Senate

  14. 2025-01-27 HOUSE

    (H) Scheduled for 2nd Reading

  15. 2025-01-27 HOUSE

    (H) 2nd Reading Passed

  16. 2025-01-24 HOUSE

    (H) Reconsidered Previous Action; Placed on 2nd Reading

  17. 2025-01-23 HOUSE

    (H) 2nd Reading Not Passed

  18. 2025-01-20 HOUSE

    (H) Committee Executive Action--Bill Passed

  19. 2025-01-20 HOUSE

    (H) Committee Executive Action--Bill Passed

  20. 2025-01-20 HOUSE

    (H) Committee Report--Bill Passed

  21. 2025-01-06 HOUSE

    (H) First Reading

  22. 2025-01-06 HOUSE

    (H) Hearing

  23. 2024-12-20 HOUSE

    (H) Referred to Committee

  24. 2024-12-06 HOUSE

    (LC) Draft Delivered to Requester

  25. 2024-12-06 HOUSE

    (H) Introduced

  26. 2024-12-03 HOUSE

    (LC) Draft Ready for Delivery

  27. 2024-11-26 HOUSE

    (LC) Draft in Final Drafter Review

  28. 2024-11-26 HOUSE

    (LC) Draft in Assembly

  29. 2024-11-25 HOUSE

    (LC) Draft in Input/Proofing

  30. 2024-11-22 HOUSE

    (LC) Draft in Edit

  31. 2024-11-19 HOUSE

    (LC) Draft in Legal Review

  32. 2024-11-06 HOUSE

    (LC) Draft in Legal Review

  33. 2024-11-06 HOUSE

    (LC) Drafter Assigned

  34. 2024-10-24 HOUSE

    (LC) Drafter Assigned

Official Summary Text

Requiring the Supreme Court to apply a burden of proof for challenge to constitutionality of legislative act

Current Bill Text

Read the full stored bill text 
****
69th Legislature 2025 HB 30.1
- 1 - Authorized Print Version – HB 30
1 HOUSE BILL NO. 30
2 INTRODUCED BY L. DEMING
3 BY REQUEST OF THE SENATE SELECT COMMITTEE ON JUDICIAL OVERSIGHT AND REFORM
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT ESTABLISHING THE BURDEN OF PROOF FOR A CLAIM THAT A
6 LEGISLATIVE ACT VIOLATES THE MONTANA CONSTITUTION; AND AMENDING SECTION 3-2-701, MCA.”
7
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
9
10Section 1. Section 3-2-701, MCA, is amended to read:
11 "3-2-701. Power of court over rules -- deference to legislative acts. (1) The supreme court of this
12 state shall have the power to may regulate the pleading, practice, and procedure, and the forms thereof of
13 these, in civil actions in all courts of this state by rules promulgated by it the supreme court from time to time for
14 the purpose of simplifying judicial proceedings in the courts of Montana and for promoting the speedy
15 determination of litigation upon on its merits. Such rules shall may not abridge, enlarge, or modify the
16 substantive rights of any litigant and shall may not be inconsistent with the constitution of the state of Montana.
17 (2) Except in cases in which the state constitution explicitly mandates a different standard of
18 review, if in a proceeding before a Montana court a party challenges a state legislative act as violative of the
19 state constitution, the supreme court shall uphold the legislative act unless the challenger demonstrates that the
20 legislative act is unconstitutional beyond a reasonable doubt."
21 - END -