Bill would raise threshold, require draft to trigger special-session poll

Representative George Nicola Kakos (House District 22, eastern Great Falls, including Malmstrom Air Force Base) opened testimony on House Bill 348, a bill to change how legislators may call for a poll to request a special legislative session.

Kakos told the committee that under current law "it takes nothing but 10 legislators and a simple letter to the secretary of state to trigger a call for [a special session]." He described that low threshold as yielding many unsuccessful calls that expend staff time and resources and said HB 348 would require two main changes: (1) 30 signatories to initiate a special-session poll and (2) submission of a draft bill to be considered during the special session so that those deciding whether to call a session have a concrete proposal to evaluate.

Kakos noted the rarity of special sessions historically—"We've had only 33 of them, in Montana history"—and said that raising the threshold to roughly one-fifth of the legislature would respect the minority's right to call a poll while reducing time-consuming, low-probability efforts. He told the committee: "I respectfully urge your pass on this bill."

Senator Fuller asked why the threshold should rise from 10 to 30. Kakos said many calls are unsuccessful and consume secretary of state resources, and estimated that during the last interim the committee had about five special-session calls with average signatory counts of about "17 or 19" that failed. He said he believed 30 signatories (about one-fifth of the body) was a reasonable balance and added that an amendment on the House floor previously considered 25.

Senator Fuller later asked whether the bill would treat a failure to return a ballot as a yes vote; Kakos said he would be "amiable to an amendment" and described interest in moving toward an electronic polling system to reduce mail delays and errors. Kakos said he was open to an amendment proposing that unreturned ballots count as yes, but raised concerns about inadvertent losses in mail and suggested safeguards or electronic verification.

Senator Dunwell asked whether the bill contains an exception for emergencies. Kakos said the bill does not include a specific emergency exception and that in a true emergency he expected it would be possible to marshal 30 legislators, although he asked committee members for suggestions to add an emergency contingency.

Senator Emmerich raised a procedural and legal concern about the bill's requirement that a draft bill be submitted for a special-session poll, noting that drafting privileges and rules differ for holdover members and that "no legislature can bind a future legislature," citing Mason's Manual-style concerns about binding rules by statute. Representative Kakos said the bill authorizes legislative services to draft legislation for a proposed special session and was willing to clarify language. Mr. Howe, a legislative staff attorney who responded during the hearing, said special sessions occur during sitting terms and that the drafting issue may be addressed by legislative services and rules; he recommended pausing to consult legislative drafters and counsel to answer the jurisdictional questions.

Kakos closed by saying he would look into the drafting-privilege and rules questions raised by senators and welcomed the committee's input on amendments. The hearing record does not show a committee vote or final action on HB 348 at this meeting.