§ 5-5-106 — Scope And Application Of Legislature Investigative Powers

5-5-106 . Scope and application of legislature investigative powers. (1) (a) Pursuant to Article V, section 1, of the Montana constitution, the legislative power is vested in the legislature consisting of a senate and a house of representatives.
(b) The constitutional legislative power includes the legislature's broad power to investigate any subject related to enacting law, the implementation of enacted law, and the expenditure of money appropriated by the legislature.
(c) The presumption of constitutionality of legislative actions applies to legislative investigations.
(2) The broad scope and application of the legislature's investigative powers include but are not limited to the power to investigate:
(a) any subject regarding information in connection with the proper discharge of the legislature's function to enact, amend, or repeal statutes, appropriate money, audit state and local government finances and programs, or perform any other act delegated to the legislature by the constitution;
(b) any subject in which there is a legitimate use that the legislature can make of the information being sought;
(c) the management of state institutions and public agencies, as defined in 2-6-1002 ;
(d) matters concerning the administration of existing laws, proposed laws, or potentially necessary laws; and
(e) matters concerning defects in any social, political, or economic system to remedy those defects.
(3) The application and exercise of the legislature's investigative power must protect the rights of all persons and adhere to all state and federal constitutional protections related to privacy, life, liberty, and property.

Legislative History

En. Sec. 1, Ch. 687, L. 2023.