House Bill No. introduced by L. Deming establishes a new burden of proof for claims that a legislative act violates the Montana Constitution. The bill amends Section 3-2-701 of the Montana Code Annotated, changing the language regarding the power of the supreme court to regulate court procedures. Specifically, it modifies the court's authority from "shall have the power to" to "may," indicating a more discretionary approach. Additionally, the bill clarifies that the court's rules may not abridge or modify substantive rights and must remain consistent with the state constitution.

A significant insertion in the bill outlines that, except in cases where the state constitution explicitly mandates a different standard, the supreme court must uphold a legislative act unless the challenger can prove that the act is unconstitutional beyond a reasonable doubt. This change aims to strengthen the deference given to legislative acts in judicial proceedings, thereby altering the dynamics of how constitutional challenges to legislation are evaluated in Montana courts.

Statutes affected:
LC Text: 3-2-701
HB0030_1(1): 3-2-701
HB0030_1(2): 3-2-701
HB0030_1(3): 3-2-701
HB0030_1(4): 3-2-701
HB0030_1(5): 3-2-701
HB0030_1(6): 3-2-701
HB0030_1: 3-2-701