Senate committee tables bill to create public list of laws ruled facially unconstitutional

Representative Zoey Zephyr presented House Bill 6 74, a code‑cleanup proposal that would require the code commissioner to prepare a report identifying sections of the Montana Code Annotated that courts have finally held to be "facially unconstitutional." Zephyr told the committee the report is intended as informational and would not in itself remove language from the code. She said an interim request to legislative services to compile materials would cost roughly $3,000 a year.

Zephyr said the purpose is to give legislators and constituents an accessible list of laws that courts have invalidated in all applications so lawmakers can choose whether to remove or amend those sections. "Facially unconstitutional means unconstitutional in all applications," Zephyr said, adding that the report would surface settled judicial outcomes rather than preliminary filings or temporary orders.

Supporters included a witness representing tribal communities who told the panel the report would improve accountability and could reduce unnecessary litigation. Opponents on the floor argued the bill could be misread as empowering judges or increasing judicial influence over the legislature. During executive action Senator Fuller moved to table HB 6 74, arguing the measure enabled judges and noting the potential separation‑of‑powers implications. A roll‑call style vote on the tabling motion was recorded as 4 in favor and the committee tabled the bill.

Because the bill was tabled, the committee did not adopt HB 6 74 or send it to the Senate floor; the sponsor and supporters said the measure was designed primarily as an informational tool to keep the Montana Code Annotated up to date with court rulings.