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SB21 • 2025

Allowing legislative and executive leadership to vacate a writ of mandamus

Allowing legislative and executive leadership to vacate a writ of mandamus

Passed Legislature

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

Sponsor
Barry Usher
Last action
2025-05-23
Official status
(S) Died in Process
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Allowing legislative and executive leadership to vacate a writ of mandamus

Allowing legislative and executive leadership to vacate a writ of mandamus

What This Bill Does

  • Allowing legislative and executive leadership to vacate a writ of mandamus

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

FLOOR

Plain English: FLOOR 2

  • The official amendment file could not be read automatically during the last sync, so only the official amendment metadata is shown right now.

Bill History

  1. 2025-05-23 SENATE

    (S) Died in Process

  2. 2025-03-28 HOUSE

    (H) Scheduled for 2nd Reading

  3. 2025-03-28 HOUSE

    (H) 2nd Reading Not Concurred

  4. 2025-03-25 HOUSE

    (H) Committee Report--Bill Concurred

  5. 2025-03-24 HOUSE

    (H) Committee Executive Action--Bill Concurred

  6. 2025-03-03 HOUSE

    (H) Referred to Committee

  7. 2025-03-03 HOUSE

    (H) First Reading

  8. 2025-03-01 SENATE

    (S) Scheduled for 3rd Reading

  9. 2025-03-01 SENATE

    (S) 3rd Reading Passed

  10. 2025-03-01 SENATE

    (S) Transmitted to House

  11. 2025-02-28 SENATE

    (S) Scheduled for 2nd Reading

  12. 2025-02-28 SENATE

    (S) 2nd Reading Passed

  13. 2025-02-13 SENATE

    (S) Committee Executive Action--Bill Passed

  14. 2025-02-13 SENATE

    (S) Committee Report--Bill Passed

  15. 2025-02-07 SENATE

    (S) Hearing

  16. 2025-02-07 SENATE

    (S) Hearing Canceled

  17. 2025-01-25 SENATE

    (S) Hearing Canceled

  18. 2025-01-07 SENATE

    (S) Referred to Committee

  19. 2025-01-06 SENATE

    (S) First Reading

  20. 2024-12-18 SENATE

    (S) Introduced

  21. 2024-12-09 HOUSE

    (LC) Draft Delivered to Requester

  22. 2024-12-06 HOUSE

    (LC) Draft Ready for Delivery

  23. 2024-12-05 HOUSE

    (LC) Draft in Assembly

  24. 2024-12-04 HOUSE

    (LC) Draft in Edit

  25. 2024-12-04 HOUSE

    (LC) Draft in Input/Proofing

  26. 2024-12-04 HOUSE

    (LC) Draft in Final Drafter Review

  27. 2024-12-02 HOUSE

    (LC) Draft in Legal Review

  28. 2024-11-08 HOUSE

    (LC) Drafter Assigned

  29. 2024-11-07 HOUSE

    (LC) Draft in Legal Review

  30. 2024-10-24 HOUSE

    (LC) Drafter Assigned

Official Summary Text

Allowing legislative and executive leadership to vacate a writ of mandamus

Current Bill Text

Read the full stored bill text 
****
69th Legislature 2025 SB 21.1
- 1 - Authorized Print Version – SB 21
1 SENATE BILL NO. 21
2 INTRODUCED BY B. USHER
3 BY REQUEST OF THE SENATE SELECT COMMITTEE ON JUDICIAL OVERSIGHT AND REFORM
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT ALLOWING LEGISLATIVE AND EXECUTIVE LEADERSHIP TO
6 VACATE A WRIT OF MANDAMUS BY JOINT PLEADING; PROHIBITING A CONTEMPT OF COURT
7 FINDING; AND AMENDING SECTION 27-26-102, MCA.”
8
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
10
11Section 1. Section 27-26-102, MCA, is amended to read:
12 "27-26-102. When and by whom issued -- writ vacated by joint filing -- contempt proceedings
13unavailable. (1) A writ of mandamus may be issued by the supreme court or the district court or any judge of
14 the district court to any lower tribunal, corporation, board, or person to compel the performance of an act that
15 the law specially enjoins as a duty resulting from an office, trust, or station or to compel the admission of a party
16 to the use and enjoyment of a right or office to which the party is entitled and from which the party is unlawfully
17 precluded by the lower tribunal, corporation, board, or person.
18 (2) The writ must be issued in all cases in which there is not a plain, speedy, and adequate remedy
19 in the ordinary course of law.
20 (3) (a) When a writ of mandamus is issued to compel an elected official listed in Article VI, section
21 1, of the Montana constitution, an individual legislator, or the legislature as a whole or in part, to produce
22 documents or to perform or not to perform an action, the president of the senate or the speaker of the house of
23 representatives may file a pleading that vacates the writ in the court that issued it. The filing must be signed by
24 either the president or the speaker and either the governor or the attorney general and be filed within 10
25 business days of the writ's issuance by the court.
26 (b) When a writ is vacated pursuant to this subsection (3), the writ may not be enforced.
27 (c) An elected official for whom a notice vacating a writ of mandamus is issued pursuant to this
28 subsection (3) may not be found in either civil or criminal contempt of court."
****
69th Legislature 2025 SB 21.1
- 2 - Authorized Print Version – SB 21
1 - END -