SB 476 Montana Senate · 2025 Regular Session

Defining separation of powers

SB 476 aims to clarify and codify Montana's separation of powers doctrine by defining the specific authorities of each government branch. It prohibits the legislative branch from enacting laws conflicting with the constitution or exercising executive/judicial powers, and similarly restricts the executive and judicial branches from overstepping their designated roles (e.g., courts cannot amend law effective dates or override statutes). The bill explicitly states that Montana's Board of Regents and Board of Public Education are executive branch agencies bound to follow state laws, not override them, and defines key terms like "general supervision" for these boards. This procedural bill, which died in committee in 2025, sought to prevent branch overreach but did not create new policies or affect specific individuals.
Bill status died 3 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Feb 2025
Senate Passage
Mar 2025
House Passage
Governor
Introduced Feb 25, 2025 Last action May 23, 2025
Maddy AI version diff · 1 comparison

What changed between versions

LC0049.pdf SB0476_1.pdf · 5 edits
MODERATE
The bill was renumbered from LC 49 to SB 476.1 and underwent significant restructuring to clarify the separation of powers between the legislative, executive, and judicial branches. The most important change is the addition of detailed definitions for terms like 'government,' 'supervision,' and 'management' to prevent the boards of regents and public education from claiming excessive authority. The bill also explicitly states that these boards cannot override state statutes and must respect constitutional rights.
Scope change
The bill's scope expanded from a general revision to include specific definitions and limitations on the executive power of the boards of regents and public education, clarifying that their oversight is limited to what is assigned by law.
TECHNICAL

The bill title and number changed from LC 0049 to SB 476.1, indicating it is now a Senate bill.

DEFINITION

New Section 5 was added to define key terms such as 'Board of public education,' 'Board of regents,' 'Coordination,' 'General supervision,' 'Government,' 'Manage,' and 'Supervision' to ensure consistent interpretation.

REQUIREMENT

New language was inserted to explicitly state that the boards of regents and public education are executive agencies that must enforce laws but cannot override state statutes.

New provisions were added to clarify that the rights of people protected by the U.S. and Montana constitutions fully extend to areas under the control of these boards.

Section 2-15-1505 was amended to explicitly define the board of regents as an executive agency charged with complying with and enforcing state law.

Floor votes · Senate Mar 6, 2025

How they voted

2822
Passed
Total votes 50
Mar 6, 2025
D Democratic18
18 Yea
100% Yea
R Republican32
10 Yea 22 Nay
68% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
23
Key actions
3
Committee
3
Mar 6, 2025
Senate · Passed
Senate Vote: pass (28-22)
senate
Feb 28, 2025
Upper · Passed
(S) Committee Report - (S) Judiciary
upper
Feb 28, 2025
Upper · Passed
(S) Committee Executive Action - (S) Judiciary
upper
Feb 26, 2025
Committee
(S) Referred to Committee - (S) Judiciary
upper
Feb 25, 2025
Introduced
(S) Introduced
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Daniel Emrich
Daniel Emrich
RRepublican
MT
11