Montana Law Article V THE LEGISLATURE
Montana Constitution – Article V: The Legislature
Article V of the Montana Constitution lays out the structure, powers, and duties of the Legislative Branch of the state government. Here's a section-by-section summary of its key provisions:
🔹 Summary of Article V – The Legislature
Section 1 – Power and Structure
Legislative power is vested in a bicameral legislature:
The Senate
The House of Representatives
Section 2 – Size
The Legislature must consist of 40 to 50 Senators and 80 to 100 Representatives, as provided by law.
Section 3 – Election and Terms
Senators: Elected for 4-year terms.
Representatives: Elected for 2-year terms.
Section 4 – Qualifications
A legislator must:
Be a qualified voter.
Be at least 18 years old.
Have resided in the state for 1 year, and in the district for at least 6 months prior to election.
Section 5 – Privilege from Arrest
Legislators are privileged from arrest (except for felonies, treason, or breaches of the peace) during sessions and while traveling to/from them.
Section 6 – Ineligibility for Other Offices
Legislators cannot hold another public office during their term.
Section 7 – Conflict of Interest
Members must disclose conflicts of interest and may be barred from voting in such cases.
Section 8 – Sessions
Regular sessions are held in odd-numbered years, limited to 90 legislative days.
Section 9 – Special Sessions
The Governor or a majority of legislators can call a special session.
Section 10 – Organization and Rules
Each house elects its officers, adopts its own rules, and judges the elections and qualifications of its members.
Section 11 – Quorum and Voting
A majority of members constitutes a quorum.
A majority vote of those present is generally required to pass legislation.
Section 12 – Public Access
Sessions must be open to the public.
Section 13 – Impeachment
The House may impeach executive or judicial officers.
The Senate tries impeachments and must convict by a two-thirds vote.
Section 14 – Enacting Clause
All laws must begin with:
"Be it enacted by the Legislature of the State of Montana."
Section 15 – Local or Special Legislation
The Legislature is restricted from passing certain local or special laws, especially where general laws could apply.
Section 16 – Appropriations
No money may be spent without an appropriation by law.
Section 17 – Revenue Bills
Bills to raise revenue must originate in the House of Representatives.
Section 18 – Referendum
Laws may be referred to voters via referendum under certain conditions.
Section 19 – Initiative
The people have the right to propose laws by initiative petition.
Section 20 – Title and Subject
Every bill must have a clear title and deal with only one subject.
Section 21 – Amendment Process
How bills may be amended during the legislative process is specified.
Section 22 – Effective Date
Laws take effect October 1 after passage unless a different date is specified.
🧾 Key Takeaways:
Transparency and accountability are emphasized (public sessions, disclosure of conflicts).
Legislators are given limited terms and must meet clear qualifications.
Citizens have a direct role via initiatives and referendums.
Strong checks and balances exist for spending, ethics, and local lawmaking.
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