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69th Legislature 2025 HB 348.1
- 1 - Authorized Print Version – HB 348
1 HOUSE BILL NO. 348
2 INTRODUCED BY G. NIKOLAKAKOS, D. BEDEY, L. JONES, W. MCKAMEY, D. FERN, J. KASSMIER, S.
3 FITZPATRICK, B. BARKER, J. KARLEN
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING THE SPECIAL SESSION LEGISLATIVE POLLING
6 LAWS; INCREASING THE NUMBER OF LEGISLATORS REQUIRED TO TRIGGER A SPECIAL SESSION
7 POLL; REQUIRING THAT THE REQUEST FOR A SPECIAL SESSION INCLUDE DRAFT LEGISLATION TO
8 BE PROPOSED DURING THE SPECIAL SESSION; AMENDING SECTIONS 5-3-105 AND 5-3-106, MCA;
9 AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
10
11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
12
13 Section 5-3-105, MCA, is amended to read:
14 "5-3-105. (1) When the legislature is not in session,
15 any 10 30 members may in writing request the secretary of state to poll the legislators to determine if a majority
16 are in favor of a special session.
17 (2) The request must state include:
18 (a) the conditions warranting the call of a special session;
19 (b) the purposes of the special session; and
20 (c) draft legislation to be proposed during the special session drafted by the legislative services
21 division as provided in subsection (3); and
22 (c)(d) the proposed convening date and time of the special session.
23 (3) A legislator may request the legislative services division staff to draft legislation to be proposed
24 during the special session."
25
26 Section 5-3-106, MCA, is amended to read:
27 "5-3-106. (1) Within 5 days after receiving a request, the
28 secretary of state shall send to all legislators by certified mail a ballot that contains: ****
69th Legislature 2025 HB 348.1
- 2 - Authorized Print Version – HB 348
1 (a) the names of the legislators making the request;
2 (b) the reasons for calling the special session;
3 (c) the purposes of the special session;
4 (d) draft legislation to be proposed during the special session drafted by the legislative services
5 division as provided in 5-3-105;
6 (d)(e) the requested convening date and time of the special session;
7 (e)(f) subject to subsection (2), the date by which legislators shall return the ballot, which may not be
8 more than 30 days after the date of the mailing of the ballots; and
9 (f)(g) a stamped return envelope.
10 (2) Within 2 calendar days after receiving a request to consider an existing state of emergency or
11 disaster declared under the authority of 10-3-303, the secretary of state shall send a ballot that complies with
12 subsection (1) using any reasonable and reliable means, including electronic delivery, and is not required to
13 use certified mail. The date by which legislators shall return the ballot specified in this subsection (2) may not
14 be more than 7 calendar days after the date the ballots were sent."
15
16 NEW SECTION. Section 3. [This act] is effective on passage and approval.
17 - END -