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69th Legislature 2025 SB 344
- 1 - Authorized Print Version – SB 344
ENROLLED BILL
AN ACT REVISING THE PROCESS FOR WHAT CONSTITUTES DELIVERY AND RECEIPT OF A VETOED
BILL AND THE GOVERNOR'S MESSAGE WHEN THE LEGISLATURE IS IN SESSION; AMENDING
SECTION 5-4-306, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A RETROACTIVE
APPLICABILITY DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 5-4-306, MCA, is amended to read:
"5-4-306. Return when legislature not in session. (1) (a) If, on the day the governor desires to
return a bill without approval and with objections to the bill to the house in which it originated, that house has
adjourned for the day, but not for the session, the governor may deliver the bill with the message to the
presiding officer, secretary, clerk, or any member of that house. The delivery is as effectual as though returned
in open session if the governor, on the first day the house is again in session, by message, notifies it of the
delivery and of the time when and the person to whom the delivery was madeeither the chief clerk of the house
or the secretary of the senate.
(b) Delivery is effectual if the originating house has adjourned for the day, but not for the session,
or if either house is in session when the chief clerk of the house or the secretary of the senate physically
receives the bill with the message and a receipt attached to the bill and the message is time-stamped and
dated as being received.
(2) If the legislature is not in session when the governor vetoes a bill, the governor shall return the
bill with the reasons for the veto to the secretary of state. If the bill was not approved by two-thirds of the
members voting on the final vote on the bill, the secretary of state shall within 5 working days of receipt of the
bill and veto message mail a copy of the title of the bill and the veto message to each member of the
legislature. If the bill was approved by two-thirds of the members voting on the final vote on the bill, the
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69th Legislature 2025 SB 344
- 2 - Authorized Print Version – SB 344
ENROLLED BILL
secretary of state shall poll the members of the legislature. The secretary of state shall within 5 working days of
receipt of the bill and veto message send by certified mail to each legislator, at an address provided by the
legislator, a copy of the bill and the veto message, a ballot, a return envelope, instructions for casting a vote,
and notice of the date by which each legislator shall return a vote. The date for return must be within 30 days
after the date on which the bill, veto message, and voting instructions are sent. A legislator may cast and return
a vote by delivering the ballot and return envelope in person or by mailing the ballot in the return envelope by
regular mail, postage paid, or by sending the ballot by facsimile transmission to the office of the secretary of
state. A legislator may not change the legislator's vote after the ballot is received by the secretary of state. The
secretary of state shall tally the votes within 1 working day after the date for return of the votes. If two-thirds or
more of the members of each house vote to override the veto, the bill becomes law.
(3) The legislature may reconvene to reconsider any bill vetoed by the governor when the
legislature is not in session by using the statutory procedure provided for convening in special session."
Section 2. Effective date. [This act] is effective on passage and approval.
Section 3. Retroactive applicability. [This act] applies retroactively, within the meaning of 1-2-109,
to all legislation passed and approved and returned to the originating house with the governor's veto message
on or after the commencement of the 69th legislative session.
- END -
I hereby certify that the within bill,
SB 344, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 344
INTRODUCED BY G. HERTZ
AN ACT REVISING THE PROCESS FOR WHAT CONSTITUTES DELIVERY AND RECEIPT OF A VETOED
BILL AND THE GOVERNOR'S MESSAGE WHEN THE LEGISLATURE IS IN SESSION; AMENDING SECTION
5-4-306, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A RETROACTIVE APPLICABILITY
DATE.