- 2025
69th Legislature 2025 HB0480.2
- 1 - Authorized Print Version – HB 480
1 HOUSE BILL NO. 480
2 INTRODUCED BY B. LER, G. OVERSTREET, R. GREGG, C. SCHOMER, M. THIEL, T. MILLETT, N. NICOL,
3 S. FITZPATRICK, K. ZOLNIKOV, B. MITCHELL
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATED TO WHEN A PARTY
6 TO A PROCEEDING IS ENTITLED TO A TRIAL BY JURY; PROVIDING THAT ANY PARTY IN A
7 PROCEEDING CHALLENGING LEGISLATIVE ACTS OR BALLOT ISSUES MAY DEMAND A TRIAL BY JURY
8 TO DETERMINE AN ISSUE OF FACT; AND AMENDING SECTION 27-8-302, MCA; AND PROVIDING AN
9 IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE.”
10
11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
12
13 NEW SECTION. Section 1.
14 proceeding challenges the constitutionality or other illegality of a legislative act or a proposed or adopted ballot
15 issue, as defined in 13-1-101, and that proceeding involves the determination of an issue of fact, any party to
16 the proceeding is entitled to a trial by jury on a determination of an issue of fact that is in dispute.
17 (2) WHEN A PROCEEDING UNDER THIS CHAPTER CHALLENGES THE CONSTITUTIONALITY OR OTHER
18, AS DEFINED IN 13-1-101, AND THAT
19,
20.
21
22 Section 27-8-302, MCA, is amended to read:
23 "27-8-302. (1) When a proceeding under this chapter involves the determination of an
24 issue of fact, such the issue may be tried and determined in the same manner as issues of fact are tried and
25 determined in other civil actions in the court in which the proceeding is pending.
26 (2) When a proceeding under this chapter challenges the constitutionality or other illegality of a
27 legislative act or a proposed or adopted ballot issue, as defined in 13-1-101, and that proceeding involves the
28 determination of an issue of fact, any party to the proceeding is entitled to a trial by jury on a determination of - 2025
69th Legislature 2025 HB0480.2
- 2 - Authorized Print Version – HB 480
1 an issue of fact that is in dispute."
2
3 NEW SECTION. Section 3. [Section 1] is intended to be codified as an
4 integral part of Title 3, chapter 15, and the provisions of Title 3, chapter 15, apply to [section 1].
5
6 NEW SECTION. SECTION 4. EFFECTIVE DATE.[THIS ACT] IS EFFECTIVE ON PASSAGE AND APPROVAL.
7
8 NEW SECTION. SECTION 5. PPLICABILITY.[THIS ACT][THIS ACT]
9[THE EFFECTIVE DATE OF THIS ACT].
10 - END -