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Committee tables bill clarifying legislative leaders' authority to file amicus briefs
Summary
Senate Bill 450, which would have expressly authorized the president and speaker to file amicus briefs in state and federal courts, drew debate about whether statute is needed. The Judiciary Committee tabled the bill on a voice vote after legal staff and several senators said existing authority is likely sufficient.
Senator Josh Kassmier, sponsor of Senate Bill 450, told the Judiciary Committee the measure would clarify that the legislative officers — the president of the Senate and the speaker of the House — may file amicus briefs in state and federal courts and use legislative funds or Legislative Council funds to do so.
"The purpose of this bill is to clarify that legislative officers have the power to file amicus briefs with the state and federal courts," Kassmier said. He described a recent situation in which legislative leaders filed an amicus brief after litigation in the 2023 session and said the bill would avoid future disputes over authority.
Nonpartisan legal counsel presented a memo indicating the legislature already has authority to file amicus briefs; Senate President Regier and others said they believed existing rules allowed the practice. Senator Newman framed the bill as an unnecessary, political exercise after legal staff told the panel the power likely already exists.
Senator Ricky moved to table the bill; the committee voice‑voted to table SB 450. The committee recorded proxies and brief comment from the floor; the chair announced the motion to table passed and SB 450 was tabled.
What it means: The tabling prevents the bill from moving forward out of committee. Sponsors said they wanted statutory clarity; opponents and nonpartisan counsel said clarification may not be necessary because the authority to file amicus briefs already exists under current rules.
Next steps: The bill remains tabled in Judiciary.
