Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                              SB 490.1
                                                SENATE BILL NO. 490
                                   INTRODUCED BY G. HERTZ, S. FITZPATRICK
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  A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING THE LEGISLATURE'S INVESTIGATIVE
  POWERS; PROVIDING FOR THE SCOPE AND APPLICATION OF THE LEGISLATURE'S INVESTIGATIVE
  POWERS; REVISING SUBPOENA LAWS REGARDING WITNESSES AND THE PRODUCTION OF
  RECORDS; PROVIDING DEFINITIONS; AMENDING SECTIONS 5-5-101, 5-5-102, AND 5-5-103, MCA; AND
  PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          NEW SECTION. Section 1.         Scope and application of legislature investigative powers. (1) (a)
  Pursuant to Article V, section 1, of the Montana constitution, the legislative power is vested in the legislature
  consisting of a senate and a house of representatives.
          (b)      The constitutional legislative power includes the legislature's broad power to investigate any
  subject related to enacting law, the implementation of enacted law, and the expenditure of money appropriated
  by the legislature.
          (c)      The presumption of constitutionality of legislative actions applies to legislative investigations.
          (2)      The broad scope and application of the legislature's investigative powers include but are not
  limited to the power to investigate:
          (a)      any subject regarding information in connection with the proper discharge of the legislature's
  function to enact, amend, or repeal statutes, appropriate money, audit state and local government finances and
  programs, or perform any other act delegated to the legislature by the constitution;
          (b)      any subject in which there is a legitimate use that the legislature can make of the information
  being sought;
          (c)      the management of state institutions and public agencies, as defined in 2-6-1002;
          (d)      matters concerning the administration of existing laws, proposed laws, or potentially necessary
  laws; and
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68th Legislature 2023                                                                                                SB 490.1
             (e)      matters concerning defects in any social, political, or economic system to remedy those
  defects.
             (3)      The application and exercise of the legislature's investigative power must protect the rights of
  all persons and adhere to all state and federal constitutional protections related to privacy, life, liberty, and
  property.
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             Section 2. Section 5-5-101, MCA, is amended to read:
             "5-5-101.   Subpoenas -- witnesses -- records. (1) A subpoena requiring the attendance of any
  witness before either house of the legislature, or a committee of either house, a committee established under
  legislative rules, or a statutory committee or an interim committee may be issued by the president of the senate,
  the speaker of the house, or the presiding officer of any committee before whom the attendance of the witness
  is desired.
             (2)      A subpoena compelling attendance of a witness is sufficient if:
             (a)      it states whether the proceeding is before the house of representatives, the senate, or a
  committee;
             (b)      it states the legislative purpose for issuing the subpoena;
             (b)(c)   it is addressed to the witness;
             (c)(d)   it requires the attendance of the witness at a time and place certain; and
             (d)(e)   it is signed by the president of the senate, the speaker of the house, or the presiding officer of a
  committee.
             (3)      (a) In the discharge of its duties, either house of the legislature, a committee of either house, a
  committee established under legislative rules, or a statutory committee or an interim committee may issue a
  subpoena to compel the production of a record that is fixed in any medium and is retrievable from a person that
  is in possession, custody, or control of the record.
             (b)      A subpoena compelling the production of a record is sufficient if:
             (i)      it states whether the proceeding is before the house of representatives, the senate, or a
  committee;
             (ii)     it states the legislative purpose for issuing the subpoena;
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68th Legislature 2023                                                                                             SB 490.1
          (iii)    it provides a description of the records being compelled for production;
          (iv)     it is addressed to a person;
          (v)      except as provided in subsection (3)(c), it requires the production of a record at a date and
  place certain, but not later than 10 business days from receipt of the subpoena; and
          (vi)     it is signed by the president of the senate, the speaker of the house, or the presiding officer of a
  committee.
          (c)      (i) A person that is served a subpoena to produce records that may include confidential
  information shall notify the presiding officer that signed the subpoena and submit a written notice of denial and
  a written explanation for the denial pursuant to 2-6-1009.
          (ii)     A person served a subpoena under subsection (3)(c)(i), may request additional time to produce
  the records pursuant to subsection (3)(b)(v).
          (4)      For the purposes of this section:
          (a)      "Confidential information" has the meaning provided in 2-6-1002; and
          (b)      "Person" has the meaning provided in 2-5-103."
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          Section 3. Section 5-5-102, MCA, is amended to read:
          "5-5-102.   Service of subpoenas. The subpoena may be served by any elector of the state, and the
  elector's affidavit that the elector delivered a copy to the witness or the person compelled to produce records
  under 5-5-101(3) is evidence of service."
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          Section 4. Section 5-5-103, MCA, is amended to read:
          "5-5-103.   Contempt. (1) If a witness neglects or refuses to obey a subpoena or, appearing, neglects
  or refuses to testify, the senate or house may, by resolution entered on the journal, commit the witness for
  contempt.
          (2)      If a person compelled to produce records under 5-5-101(3) neglects or refuses to obey a
  subpoena, the senate or house may, by resolution entered on the journal, commit the witness for contempt."
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          NEW SECTION. Section 5.         Codification instruction. [Section 1] is intended to be codified as an
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68th Legislature 2023                                                                                                 SB 490.1
  integral part of Title 5, chapter 5, part 1, and the provisions of Title 5, chapter 5, part 1, apply to [section 1].
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          NEW SECTION. Section 6.          Effective date. [This act] is effective on passage and approval.
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Statutes affected: 
SB0490_1.pdf: 5-5-101, 5-5-102, 5-5-103
SB0490_2.pdf: 5-5-101, 5-5-102, 5-5-103
Amended: 5-5-101, 5-5-102, 5-5-103
Introduced: 5-5-101, 5-5-102, 5-5-103