Montana Constitution Home
Article V
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The Legislature
Section 1. Power and structure. The
legislative power is vested in a legislature consisting of a senate
and a house of representatives. The people reserve to themselves the
powers of initiative and referendum.
Section 2. Size. The size of the
legislature shall be provided by law, but the senate shall not have
more than 50 or fewer than 40 members and the house shall not have
more than 100 or fewer than 80 members.
Section 3. Election and terms. A
member of the house of representatives shall be elected for a term
of two years and a member of the senate for a term of four years
each to begin on a date provided by law. One-half of the senators
shall be elected every two years.
Section 4. Qualifications. A
candidate for the legislature shall be a resident of the state for
at least one year next preceding the general election. For six
months next preceding the general election, he shall be a resident
of the county if it contains one or more districts or of the
district if it contains all or parts of more than one county.
Section 5. Compensation. Each member
of the legislature shall receive compensation for his services and
allowances provided by law. No legislature may fix its own
compensation.
Section 6. Sessions. The legislature
shall meet each odd-numbered year in regular session of not more
than 90 legislative days. Any legislature may increase the limit on
the length of any subsequent session. The legislature may be
convened in special sessions by the governor or at the written
request of a majority of the members.
Section 7. Vacancies. A vacancy in
the legislature shall be filled by special election for the
unexpired term unless otherwise provided by law.
Section 8. Immunity. A member of the
legislature is privileged from arrest during attendance at sessions
of the legislature and in going to and returning therefrom, unless
apprehended in the commission of a felony or a breach of the peace.
He shall not be questioned in any other place for any speech or
debate in the legislature.
Section 9. Disqualification. No
member of the legislature shall, during the term for which he shall
have been elected, be appointed to any civil office under the state;
and no member of congress, or other person holding an office (except
notary public, or the militia) under the United States or this
state, shall be a member of the legislature during his continuance
in office.
Section 10. Organization and procedure.
(1) Each house shall judge the election and qualifications of its
members. It may by law vest in the courts the power to try and
determine contested elections. Each house shall choose its officers
from among its members, keep a journal, and make rules for its
proceedings. Each house may expel or punish a member for good cause
shown with the concurrence of two-thirds of all its members.
(2) A majority of each house constitutes a quorum. A smaller number
may adjourn from day to day and compel attendance of absent members.
(3) The sessions of the legislature and of the committee of the
whole, all committee meetings, and all hearings shall be open to the
public.
(4) The legislature may establish a legislative council and other
interim committees. The legislature shall establish a legislative
post-audit committee which shall supervise post-auditing duties
provided by law.
(5) Neither house shall, without the consent of the other, adjourn
or recess for more than three days or to any place other than that
in which the two houses are sitting.
Section 11. Bills. (1) A law shall be
passed by bill which shall not be so altered or amended on its
passage through the legislature as to change its original purpose.
No bill shall become law except by a vote of the majority of all
members present and voting.
(2) Every vote of each member of the legislature on each substantive
question in the legislature, in any committee, or in committee of
the whole shall be recorded and made public. On final passage, the
vote shall be taken by ayes and noes and the names entered on the
journal.
(3) Each bill, except general appropriation bills and bills for the
codification and general revision of the laws, shall contain only
one subject, clearly expressed in its title. If any subject is
embraced in any act and is not expressed in the title, only so much
of the act not so expressed is void.
(4) A general appropriation bill shall contain only appropriations
for the ordinary expenses of the legislative, executive, and
judicial branches, for interest on the public debt, and for public
schools. Every other appropriation shall be made by a separate bill,
containing but one subject.
(5) No appropriation shall be made for religious, charitable,
industrial, educational, or benevolent purposes to any private
individual, private association, or private corporation not under
control of the state.
(6) A law may be challenged on the ground of noncompliance with this
section only within two years after its effective date.
Section 12. Local and special
legislation. The legislature shall not pass a special or local
act when a general act is, or can be made, applicable.
Section 13. Impeachment. (1) The
governor, executive officers, heads of state departments, judicial
officers, and such other officers as may be provided by law are
subject to impeachment, and upon conviction shall be removed from
office. Other proceedings for removal from public office for cause
may be provided by law.
(2) The legislature shall provide for the manner, procedure, and
causes for impeachment and may select the senate as tribunal.
(3) Impeachment shall be brought only by a two-thirds vote of the
house. The tribunal hearing the charges shall convict only by a vote
of two-thirds or more of its members.
(4) Conviction shall extend only to removal from office, but the
party, whether convicted or acquitted, shall also be liable to
prosecution according to law.
Section 14. Districting and
apportionment. (1) The state shall be divided into as many
districts as there are members of the house, and each district shall
elect one representative. Each senate district shall be composed of
two adjoining house districts, and shall elect one senator. Each
district shall consist of compact and contiguous territory. All
districts shall be as nearly equal in population as is practicable.
(2) In the legislative session following ratification of this
constitution and thereafter in each session preceding each federal
population census, a commission of five citizens, none of whom may
be public officials, shall be selected to prepare a plan for
redistricting and reapportioning the state into legislative
districts and a plan for redistricting the state into congressional
districts. The majority and minority leaders of each house shall
each designate one commissioner. Within 20 days after their
designation, the four commissioners shall select the fifth member,
who shall serve as chairman of the commission. If the four members
fail to select the fifth member within the time prescribed, a
majority of the supreme court shall select him.
(3) Within 90 days after the official final decennial census figures
are available, the commission shall file its final plan for
congressional districts with the secretary of state and it shall
become law.
(4) The commission shall submit its plan for legislative districts
to the legislature at the first regular session after its
appointment or after the census figures are available. Within 30
days after submission, the legislature shall return the plan to the
commission with its recommendations. Within 30 days thereafter, the
commission shall file its final plan for legislative districts with
the secretary of state and it shall become law.
(5) Upon filing both plans, the commission is then dissolved.
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Article VI
–
The Executive
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