THE MONTANA LEGISLATIVE PROCESS: INSTRUCTION FOR MONTANA'S YOUTH

The Capitol City 89ers' Salute to Schools Committee originally prepared this paper and the accompanying teacher materials as part of the Centennial Celebration in 1988. Jan Cladouhos wrote the text, with editing assistance from Rita Blouke, Sally Halverson, Legislative Council, and Jennifer Thompson, Montana Historical Society. Credit for the basic concept goes to the Montana Advisory Council on Children and Youth. Publication and distribution of the first edition were made possible by the efforts of Helena School District Number One, the Montana Education Association, and the Helena Education Association. In 2000, Beth Furbush and Lenore M. Adams from the Montana Legislative Services Division (MLSD) updated the pamphlet; Kevin Hayes from MLSD updated the pamphlet again in 2004.

The Montana Capitol

Construction began on the Capitol in 1899, 10 years after Montana became the 41st state. Completed in 1902, the building cost about $485,000 furnished. Faced with Montana sandstone, the Capitol was constructed in the Greek neoclassic style. The dome, covered with copper, rises 165 feet and is topped with a bronze statue of Lady Liberty. In 1912, two wings, faced with Montana granite, were added at a cost of $500,000. Just inside the front doors of the Capitol is a circular room called the Rotunda. Paintings that represent four types of heroic inhabitants in early Montana are glued onto the interior surface of the dome.

The Senate chambers can be found by ascending the grand stairway from the Rotunda. From the fourth floor or gallery level, the visitor can look down into the Senate chamber. The President of the Senate uses the chair at the head of the original mahogany rostrum, and the Senate staff members are seated at the semicircular desk below. The original paintings decorating the ceiling tell the story of early settlement in Montana.
The House of Representatives is in the west wing of the 1912 addition to the Capitol. This chamber has the original marble columns, glass skylights, and oak rostrum and desks. The painting above the rostrum, "Lewis and Clark Meeting the Flathead Indians at Ross' Hole", is considered by many to be Charlie Russell's masterpiece.

In both chambers, the Democrats sit on the right and the Republicans sit on the left of the aisle. Votes register electronically on the large boards in front of each chamber.

Outside the House of Representatives is a lobby decorated with six murals painted by Montana artist, Edgar S. Paxson. Most of the murals portray events in the history of Indian relations with the pioneers in Montana.

Throughout the years, the Capitol underwent a number of renovations. In 1999 and 2000, a major project was completed which restored the building as closely as possible to its original appearance.

The Montana Legislature

The Senate is composed of 50 members, each elected for a 4-year term from one of the 50 Senate districts in Montana.
Half of the Senate membership is elected every 2 years.

The House of Representatives is composed of 100 members, each elected for a 2 year term and each representing one of Montana's 100 House districts.

Because Montana has 56 counties, a county with a small population may share Senate and House districts with other counties. Conversely, counties with large populations may contain numerous Senate and House districts within those counties' boundaries.

Sessions

Legislative sessions occur every odd numbered year, beginning at noon on the first Monday in January, with the exception that if the first Monday is January 1, the Legislature then begins on the first Wednesday of January. The length of a regular session is 90 legislative days. Sessions may be extended if required to complete the work of the Legislature. In addition, under unusual circumstances, the Legislature may be called into Special Session by the Governor to deal with a specific problem.

Legislative Leadership

In both the Senate and the House of Representatives, the political party with the most members elected becomes the majority party of the chamber. Before each session begins, the Democratic and Republican legislative party members caucus to choose officers for the coming term. If neither party has a majority, the Governor's party becomes the majority party, choosing the President of the Senate or Speaker of the House.

Each chamber (the Senate and the House of Representatives) chooses a Majority Leader who plans and controls the order of business to be considered by the respective house. Each house also elects a Majority Whip who helps the Majority Leader as needed and who makes sure that the party members are present for important votes.

Both chambers also have a Minority Leader and a Minority Whip, chosen by the minority party caucus. They have the same duties as the majority leaders but have less power and influence because they represent fewer legislators.

Presiding Officers

Each legislative chamber has officers with many responsibilities, such as interpreting rules, assigning bills to committees, and appointing members to special committees. Depending on their personal characteristics and the respect of their fellow legislators, they may be very influential and powerful.

In the Senate, the President presides over the proceedings. The President Pro Tempore serves in the President's absence. In the House of Representatives, the Speaker of the House and the Speaker Pro Tempore are the presiding officials. The majority caucuses of the respective chambers choose all four officers.

Senate Leadership            House Leadership

The Committee System

To the observer of a legislative business session, it may appear that the legislators aren't paying attention except when they vote. However, a large portion of legislative work is done in the committees. Through their committee work, recommendations from other committees, or contact with the voting public and lobbyists, legislators often have already received a vast amount of information before coming to the business session.

The number of legislators assigned to a committee varies; in the 2003 session, for example, the size of committees ranged from a low of 4 to a high of 19 members. Individual legislators usually are members of at least two committees. Each committee has a chairperson of the majority party who presides over meetings and hearings. A vice chairperson is named who presides in the absence of the chairperson.

There are four basic types of committees:

1. Standing Committees are permanent groups that continue from one session to another. Such committees in the House include Appropriations; Education; Natural Resources; and Taxation. Similar standing committees in the Senate include Agriculture, Livestock and Irrigation; Fish and Game; Highways and Transportation; and Judiciary. Each standing committee hears bills on specific subjects.
   
   
2. Select Committees are special or temporary groups created to act on particular bills. A recent example in the 2003 Session was the Select Committee on Economic Development.
   
   
3. Joint Committees and Joint Subcommittees are composed of members drawn from both the House of Representatives and the Senate. Each session, joint subcommittees are formed to hold hearings on appropriation bills.
   
   
4. Conference Committees are special committees generally composed of three members from the House and three from the Senate. These committees are formed when one chamber rejects the other chamber's amendments to a bill. Conference committees try to recommend compromise amendments acceptable to both chambers. A regular Conference Committee is limited to considering the specific disputed amendments. A Free Conference Committee may consider any amendments or change the entire bill, but the original purpose of the bill may not be changed.

Committee Hearings

The committee to which a bill has been assigned calls a hearing for committee members and those members of the public who wish to attend. The committee room is set up with a long table around which the members of the committee sit. The chairperson, vice chairperson, and the secretary are usually seated together at one end of the table. Seating is provided in the room for witnesses and observers. There is a packet on the table for each committee member that contains information and copies of the bills under consideration.

Before the meeting is brought to order, a person who wishes to testify must sign in with the committee secretary and supply the person's name, whom the person represents, in which bill(s) the person is interested, and whether the person is "for'"or "against" the bill(s).

The committee chairperson calls the meeting to order; the secretary calls the roll; and the official business begins. The bills to be discussed are usually taken in the order that they are posted on the committee hearing and meeting schedule board. It is essential for a person who testifies to be present at the beginning of the meeting in case the order is altered.

The sponsor introduces the sponsor's bill with a summary of its contents and purposes and then may introduce the person who encouraged the proposal of the bill. First proponents (supporters) and then opponents of the bill offer their testimony. Testimony may be verbal, written (to hand out to committee members), or audio visual. After all the testimony is heard, the sponsor may offer a rebuttal to the testimony of the opponents. The chairperson then allows committee members to ask questions of the sponsor and those who have testified.

When all the bills are heard or time runs out, the committee may adjourn until the next meeting or dissolve itself into executive session, when the committee conducts private business. During executive session, the committee members have a more informal discussion of the bills, can take final action, and do whatever is needed to keep the committee and its responsibilities in order. Although members of the public may attend executive session, they may not speak or participate. During executive session, the committee can decide to:

1. give the bill a "Do Pass" or a "Do Not Pass" recommendation, thus passing it out of committee so that it may be considered by the entire Legislature during a business session (Committee of the Whole) on second reading;
2. amend the bill, then follow steps of number 1;
3. postpone any action until a later date;
4. call for further study, perhaps setting up a subcommittee for this bill; or
5. recommend a substitute bill.

The Chairperson

The committee chairperson has important responsibilities in the legislative process. The chairperson can set the order of the bills to be discussed, the date on which they will be considered, how much time will be allowed for testimony, the order of the witnesses, and so on.

Proponents and Opponents

Presenting testimony brings facts directly to legislators. It helps the legislative process by providing information that legislators may not have time to research on their own. Anyone may testify. To be effective, testimony should be brief and concise and not repetitive. Written testimony can be mailed to the committee. Witnesses who wish to show films, slides, or take committee members on field trips must make arrangements with the chairperson in advance.

How a Bill Becomes Law

Introduction of a Bill

Except for an appropriation bill, which must begin in the House, a bill can be introduced in either the House or the Senate. The idea for a bill may come as the result of letters and calls to a particular legislator, or an organization may meet with a legislator and ask that the legislator sponsor a particular piece of legislation. The legislator may have promised constituents that the legislator would try to get certain bills passed if elected. Regardless of who originated the idea, the proposed bill is sent to the Montana Legislative Services Division where it is formally drafted. It is approved and signed by the sponsor and then filed with the Chief Clerk of the House or the Secretary of the Senate.

First Reading of a Bill

The Chief Clerk of the House or the Secretary of the Senate, depending on the sponsor's chamber, assigns a number to the bill and reads the number, sponsor, and title of the bill on the floor. If it originates in the House of Representatives, it will be assigned a House Bill (HB) number. A bill originating in the Senate will be assigned an SB number. When a bill is sent from one chamber to the other, it retains its originally assigned bill number. For example, if HB 1 passes through the House and then is sent to the Senate, it is still known as HB 1 as it proceeds through the Senate.

Committee Assignment

The Speaker of the House or the President of the Senate assigns the bill to the appropriate committee. Copies of the bill on white paper are made available to the legislative members and the public. When the bill comes out of committee with a recommendation, ready for second reading, it is printed on yellow paper.

Second Reading and Voting

The entire chamber acting as the "Committee of the Whole" now considers the bill. During this time, the Speaker of the House or the President of the Senate appoints a legislator to act as chairperson of the Committee of the Whole, presiding over debate on the floor. Members may propose amendments, each of which is voted upon. All amendments to a bill must be voted on before the final vote on the bill. This explains why sometimes it seems that the legislators are voting on the same bill without passing or rejecting it. The final vote will include only those amendments that received a majority of votes-- those amendments will become part of the bill. Approval or adoption of the committee report prepares the bill for final passage. Rejection of a favorable committee report means that the bill is killed. Another way to kill the bill is "indefinite postponement".

The bill number, for example HB 234, is lighted above the voting machine in the front of the chamber. If an "A" follows the bill number, this means that the vote is on an amendment to the bill (HB 234 A). A green light on the voting machine means an "aye" or yes vote, and a red light means a no vote.

Engrossment

If passed on second reading, the bill is put in final form with all amendments and printed on blue paper.

Third Reading

When the bill is voted upon in this final version, no amendments may be considered. Legislators press the green or red buttons on their desks for a simple "yes" or "no" vote, which is recorded from each member.

Sending to the Other Chamber

After final passage of a bill in the first chamber, it is sent to the second chamber where the process is repeated with another first reading and committee hearing. If the committee report is favorable, the amendments are engrossed and the bill is printed on tan paper for second reading consideration. On third reading, any amendments from the second reading are engrossed and the bill is printed on salmon colored paper. If the bill receives an unfavorable recommendation, it may be referred to a committee for further study or may receive no more consideration.

Enrollment

If the bill passes both chambers in identical form, it is enrolled, signed by the presiding officers of both chambers, and sent to the Governor. If the bill passes the Senate in a different form and the House accepts the changes, the bill is enrolled, signed by the presiding officers, and sent to the Governor. If the House rejects the changes, the bill may be sent to a Conference Committee or a Free Conference Committee (composed of members of both houses), that tries to reach a compromise. If neither committee can reach an agreement, the bill may die. If both houses accept the committee's compromises, the bill is enrolled, signed by the presiding officers, and sent to the Governor.

The Governor's Role

During the legislative session, a bill becomes law if signed by the Governor within 10 days after it has reached the Governor's Office. The bill also becomes law if the Governor does not act on it within 10 days after its delivery. The 1972 Montana Constitution eliminated the Governor's previous power to kill a bill by just ignoring it, called the "pocket veto."

If the Governor vetoes the bill, it is returned to the Legislature with the Governor's reasons for the action. The Governor may also return the bill with recommendations for amendments. The Legislature can let the bill die; it can vote to adopt the Governor's amendments; or it can vote to "override" the Governor's veto. Two-thirds of the members of each chamber must vote to override the veto for the bill to become law.

If, after the Legislature has adjourned, the Governor vetoes a bill that has received broad support, the Secretary of State polls the members of each chamber. If two thirds of the members of each chamber vote to override, the bill becomes law.

The Governor may also veto items in appropriation bills.

Law

New bills passed by the Legislature and approved by the Governor can become effective at different times. Some bills have provisions that make them laws immediately, and others contain provisions for later implementation. Most appropriation bills are implemented at the beginning of the next fiscal year, always July 1 of the year in which the Legislature has met in regular session. If no effective date is specified, bills become effective October 1 of the legislative year.

The complete texts of every bill and resolution that have been passed are published in a hardcover book entitled Laws of Montana followed by the year. The set is popularly called the "Session Laws". Each bill is assigned a chapter number, with Chapter 1 being the first bill passed and signed.
The Montana Code Annotated (MCA) is the systematic arrangement of all permanent state statutes (laws) currently in force in Montana. A new edition is printed every odd numbered year with new laws added, repealed laws deleted, and amended statutes updated. The codification makes it easier to find a law. The MCA is broken down into topical categories, or "titles". Title 20, for example, deals with all the laws on education.
The Montana State Legislature's website at http://leg.mt.gov provides access to session information, including the text of bills, and to the Session Laws and MCA.

Communicating With Legislators

Letter Writing

Letters are an excellent and inexpensive way to let your legislator know your feelings and opinions about specific issues. Be sure to put the message in your own words. Address your letter to a specific Legislator, not to the Legislature at large or to a legislative committee. Form letters or petitions do not have the impact of personal, informed opinions. Legislators want to know how the people feel about issues.
Some important points to remember are:

The Proper Address

On the envelope:
Senator ________________
Montana Senate
State Capitol
PO Box 200500
Helena, MT 59620-0500

Rep.________________
Montana House of Representatives
State Capitol
PO Box 200400
Helena, MT 59620-0400

For the inside address:

The Honorable ____________
Senate Chambers (or House of Representatives)
State Capitol
Helena, MT 59620

For the salutation:

Dear Senator
Dear Representative

Whom to Write:

1. The chief sponsor of the bill
2. The committee chairperson and the members of the committee
3. Your own area legislators
   

When to Write:

1. Write committee members and sponsors before the committee hearing on the bill takes place.
2. Write your own legislator before the bill reaches the floor on second reading, when most debates occurs. Usually if a bill passes second reading, it will pass third reading.
   

What to Write:

1. Identify the bill by number and title and discuss only that bill.
2. Give the chief sponsor's name and a summary of the bill.
3. Explain your position on the bill, stating briefly your reasons for asking the legislator's support or opposition.
4. Give the sources of the information that you have used.
5. Ask for the legislator's consideration of your views.
6. Include your name, position or situation (student at which school), and return address.
   

Telephoning:

You can call the Legislative Information Office at (406) 444-4800 and leave a message for up to three legislators per call. Your message will then be delivered to those legislators.

Email:

During session, you may also contact your legislators by an electronic message via the Legislature's website at http://leg.mt.gov. A form for sending a message and instructions on doing so can be found at the website. In addition, the website lists private e-mail accounts for legislators who choose to publicize them. As with a written letter, an electronic message or an e-mail should be addressed to a specific legislator and not to a committee or the Legislature at large. Include all the information that you would have in a letter, including your name, position or situation, and address.

Lobbying

Lobbying is an important part of the legislative process. It is a method by which people with special concerns, needs, views, and opinions try to persuade legislators to support or oppose policies and legislation. Lobbying is a legitimate function. The lobbyist can provide information that the individual legislator rarely has time to research. In Montana, any citizen 18 years of age or older has the right to lobby professionally. First, a citizen should study the lobbyist registration and licensing laws. An application for a license to lobby can be obtained from the Commissioner of Political Practices. A license is issued upon acceptance of the application and the payment of a fee. However, any citizen, regardless of age, may testify, write, or phone the citizen's legislator.

At the Capitol

The Senate and House of Representatives chambers are located on the third floor of the Capitol and are connected by a lobby that contains bulletin boards used to post committee hearing schedules. The times and locations of hearings and meetings are listed under the appropriate committee headings, with a list of the bills to be considered.

Daily agendas from the Chief Clerk of the House or the Secretary of the Senate list which bills will be considered by each chamber during the day's general session. Limited numbers of copies are available at the Legislative Information Office on the first floor of the Capitol. The electronic billboards located inside the two chambers also list the daily calendar and are easily viewed from the gallery areas on the fourth floor. This information is also available on the computer system link to the Legislative Automated Workflow System (Laws) which is on the Legislature's website at http://leg.mt.gov.

Committee hearing schedules, available from the Legislative Information Office on the first floor of the Capitol, list the bills on which testimony will be heard each day, with the place and time of the hearing.

Copies of bills can be purchased for a small fee in the basement of the Capitol at the Bill Distribution Office. This office also sells copies of daily "Status Sheets" for both chambers which list all the bills introduced with a concise summary and their status for that day (whether they are in committee, on second reading, being engrossed, etc.).

Bills, agendas, committee hearing schedules and other session information are available on the Legislature's website at http://leg.mt.gov.

The public has free access to the galleries, located on the fourth floor, from which to observe the business proceedings and other activities of both chambers. Eating and drinking are prohibited in the galleries.

Seating charts of both chambers are available from the Legislative Information Office or by request from the Sergeant at Arms Offices near the two chambers. If you arrive before the legislative business begins, you are free to enter the two chambers. By using the seating chart, you can locate your individual Representative or Senator. If someone is guarding the chamber entrances, permission must be granted before entering.

Before the chambers convene for the day's business, a sign is posted at the entrances stating "Two Hour Rule in Effect". This means that no one is allowed onto the chamber floors except legislators and authorized persons. This rule is to allow legislators some time before convening to organize and prepare for the business session.

If you wish to see your legislator while the chambers are in session, write a note, including your name and hometown, and briefly state your reason for seeing the legislator. Go to the Sergeant at Arms Office and ask for a page to deliver your note.

Glossary

Amendment: A proposed change, addition, or deletion to a bill.

Appropriation: An authorization to spend state or federal funds. Passing bills that authorize agencies to spend money for certain purposes appropriates money. Such bills must originate in the House of Representatives.

Bill: A proposed law or amendment, addition, or repeal of an existing statute introduced in the Legislature.

Caucus: A group of legislators with a common interest. Although usually a Democratic Caucus or a Republican Caucus, the term can be used to describe any group of legislators, such as an Indian Caucus. As a verb, the term "to caucus" means to have a meeting.

Committee of the Whole: A parliamentary procedure in which the entire body of a chamber becomes a committee for the transaction of business.

Conference committee: A committee consisting of three members from each chamber appointed to resolve differences in a bill that has been passed in different versions by each chamber.

Constituent: A resident of a legislator's district.

Daily agenda: A list of bills to be considered by each chamber during the day's business.

District: A geographical area of the state from which a Senator or Representative is elected. District boundaries are determined on the basis of population. A number designates each district. There are 50 Senate Districts and 100 House Districts.

Engrossment: Putting the bill in final form, including all amendments and all appropriate technical corrections, for third reading in the House or Senate.

Enrollment: The preparation of a bill in the final form that it passes the Legislature.

Galleries: Balcony areas above legislative chambers for public viewing of the proceedings.

Hearing: Public discussion scheduled by a standing committee for the purpose of gathering information on a bill.

Joint committees: Groups with members from both houses.

Legislature: The Senate and the House of Representatives collectively.

Lobbyist: A person, usually acting as an agent for an organized group, who seeks to bring about the passage or defeat of legislative bills or to influence their content.

Page: A youth employed to run errands, carry messages, or act as a guide in a legislative body.

Presiding officers: Members of the Senate or House who control the proceedings. In the Senate, the President rules, and in the House of Representatives, the Speaker of the House presides.

Select Committees: Special or temporary groups who investigate legislation.

Sergeant at Arms: An officer appointed to keep order within a legislative body.

Sponsor: The legislator who introduces a bill.

Standing committees: Permanent groups that continue from one session to another.

Status Sheets: Lists of all the bills introduced with a concise summary and the status for that day (in committee, second reading, etc.)

Testify: To present evidence for or against a bill at a committee hearing.

Veto: The constitutional right of the Governor to reject a bill passed by the legislative body.

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