Montana 2023 Regular Session

Montana Senate Bill SB490

Introduced
2/23/23  
Refer
2/24/23  
Engrossed
3/3/23  
Refer
3/15/23  
Enrolled
4/22/23  

Caption

Generally revising the legislature's investigative powers

Impact

The implementation of SB490 would notably amend several sections of the Montana Code Annotated (MCA), thereby enhancing the legislative branch's ability to conduct thorough investigations. This includes the ability to issue subpoenas that compel attendance and document production during legislative proceedings, significantly strengthening the legislature’s oversight role. Furthermore, the bill introduces a misdemeanor penalty for those who neglect or refuse to comply with such subpoenas, reinforcing the seriousness of legislative investigations.

Summary

Senate Bill 490 aims to revise and clarify the legislative investigative powers of the state legislature in Montana. This bill provides a structured framework concerning the scope and application of investigative powers, specifically touching on the issuance of subpoenas for witnesses and the production of records. By defining the boundaries of the legislature's capabilities, SB490 seeks to ensure that investigations are conducted under predetermined guidelines while still respecting the rights of individuals as protected under state and federal laws.

Sentiment

Discussions surrounding SB490 were largely supportive, with proponents arguing that the bill would enhance legislative transparency and accountability. They emphasize the importance of having a robust mechanism to investigate matters that fall within the purview of the legislature. However, some concerns were raised about the implications of expanding the legislature's subpoena power, with critics suggesting that it may lead to potential overreach and invasion of privacy, especially concerning the handling of confidential information.

Contention

A notable point of contention involves the extent of the legislature's authority during impeachment proceedings, where the bill asserts that subpoenas issued during these sessions hold the same weight as those from a district court. This provision could amplify tensions regarding the balance of power, especially in politically charged environments. Critics fear that this could undermine individual rights or target specific individuals or entities unjustly, while supporters view it as a necessary tool for ensuring accountability and transparency in government.

Companion Bills

No companion bills found.

Previously Filed As

MT H55

Fire Investigation Law Revisions

MT H22

Fire Investigation Law Revisions

MT SB93

Generally revising ballot issues

MT SB1240

Dental board; records; investigations; powers

MT SB297

Subpoena power; permitting certain subpoena powers to the Director of the Oklahoma State Bureau of Investigation. Effective date.

MT SB297

Subpoena power; permitting certain subpoena powers to the Director of the Oklahoma State Bureau of Investigation. Effective date.

MT HB0397

Title 36 Recodification and Revisions

MT HB632

Generally revise laws related to CPS investigations

MT SB2157

Agriculture; grant the Commission of Agriculture and Commerce investigative powers and amend related procedures.

MT SR5

Senate Special Committee on Investigations; reauthorizing

Similar Bills

OK SB297

Subpoena power; permitting certain subpoena powers to the Director of the Oklahoma State Bureau of Investigation. Effective date.

OK SB297

Subpoena power; permitting certain subpoena powers to the Director of the Oklahoma State Bureau of Investigation. Effective date.

LA SR4

Removes requirement for rendition of a special order by the 19th Judicial District Court prior to issuing interim committee subpoena.

LA HB590

Provides with respect to fires of suspicious origin

LA HB334

Provides relative to the records and subpoena powers of certain local ethics entities

LA SB615

Provides relative to the records and subpoena powers of certain local ethics entities. (gov sig)

MI HR0117

A resolution to hold Secretary of State Jocelyn Benson and the Department of State in civil contempt of the Michigan House of Representatives.

CA AB1672

Insurance: fraud.