Senate Rules committee advances joint resolution clarifying when a bill is “identical”; debate on media floor access

The Montana Senate Rules Committee voted 12-6 to advance a joint resolution intended to clarify when one bill is considered an "identical" bill to another, a change committee members said responds to language in a recent state Supreme Court decision. During the same executive action the committee debated a new Senate rule on media floor access and expressed concern about a provision allowing individual members to note legal assessments without formal legal review.

Committee staff described the change as a response to Forward Montana v. Montana Legislature, a state Supreme Court decision that, staff said, found the Legislature had not followed its rules when language from a failed bill was inserted into another measure. "It was... the Forward Montana Supreme Court case," said Mr. Evertz, a legislative staff member, explaining the origin of the amendment labeled "sub 2."

The amendment (sub 2) would clarify that a bill is "identical" only when the Rules Committee designates it as such, rather than leaving the question open to judicial interpretation. Committee members debated the drafting: Senator Ellis asked why…