Senate Bill No. [number], introduced by D. Emrich at the request of the Senate Select Committee on Judicial Oversight and Reform, seeks to codify the separation of powers doctrine in Montana by clearly delineating the distinct powers of the legislative, executive, and judicial branches as outlined in the Montana Constitution. The bill introduces new sections that define the specific authorities of the legislative branch, including the House of Representatives and the Senate, while also detailing the powers of the executive and judicial branches. It aims to ensure that each branch operates within its constitutional limits, reinforcing the principle of separation of powers.

The bill proposes several deletions from current law, removing general language that previously described the powers of each branch. It clarifies the legislative powers, such as enacting laws and appropriating funds, and specifies the limitations on the executive and judicial branches. Additionally, the bill introduces new legal language regarding the judicial branch's authority, detailing the powers of the Supreme Court, district courts, and justice courts, and emphasizing that judicial power cannot be exercised by other branches. It also amends existing sections related to the Board of Regents and the Board of Public Education, ensuring they operate as executive agencies while respecting individual rights as outlined in the U.S. and Montana constitutions. The bill includes a codification instruction for integration into Title 1, chapter 1 of the Montana Code Annotated, with an immediate effective date upon passage and approval.

Statutes affected:
LC Text: 2-15-1505, 2-15-1507
SB0044_1(1): 2-15-1505, 2-15-1507
SB0044_1(10): 2-15-1505, 2-15-1507
SB0044_1(11): 2-15-1505, 2-15-1507
SB0044_1(2): 2-15-1505, 2-15-1507
SB0044_1(3): 2-15-1505, 2-15-1507
SB0044_1(4): 2-15-1505, 2-15-1507
SB0044_1(5): 2-15-1505, 2-15-1507
SB0044_1(6): 2-15-1505, 2-15-1507
SB0044_1(7): 2-15-1505, 2-15-1507
SB0044_1(8): 2-15-1505, 2-15-1507
SB0044_1(9): 2-15-1505, 2-15-1507
SB0044_1: 2-15-1505, 2-15-1507