This text of Montana § 5-5-113 (Procedure For Certifying Contempt Of Legislature) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
5-5-113 . Procedure for certifying contempt of legislature.
(1)Either house of the legislature, a committee of either house, a committee established under legislative rules, a statutory committee, or an interim committee with power to issue a subpoena under 5-5-107 or 5-11-107 may commit a witness that fails to appear or a person that fails to produce records for criminal contempt of the legislature by following the procedure in this section.
(2)(a) If the legislature is in session when the failure to abide the subpoena occurs, a simple resolution setting forth the statement of facts in subsection (3) may be introduced in the chamber that issued the subpoena. A majority of members present may adopt the resolution, enter it into the journal, and commit the witness or person for contempt o
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5-5-113 . Procedure for certifying contempt of legislature. (1) Either house of the legislature, a committee of either house, a committee established under legislative rules, a statutory committee, or an interim committee with power to issue a subpoena under 5-5-107 or 5-11-107 may commit a witness that fails to appear or a person that fails to produce records for criminal contempt of the legislature by following the procedure in this section.
(2) (a) If the legislature is in session when the failure to abide the subpoena occurs, a simple resolution setting forth the statement of facts in subsection (3) may be introduced in the chamber that issued the subpoena. A majority of members present may adopt the resolution, enter it into the journal, and commit the witness or person for contempt of the legislature.
(b) If the legislature is not in session when the violation occurs, a proclamation of contempt setting forth the statement of facts in subsection (3) may be sent to members of the chamber that issued the subpoena through a legislative poll under the provisions of subsection (4). A majority of the members of the relevant chamber may vote to adopt the proclamation of contempt and commit the witness or person for contempt of the legislature.
(3) (a) The simple resolution in subsection (2)(a) or the proclamation of contempt in subsection (2)(b) may be requested and signed by the speaker of the house for a subpoena in the house, the president of the senate for a subpoena in the senate, or the presiding officer of a committee provided for in subsection (1).
(b) The simple resolution or proclamation of contempt must include a statement of facts regarding the witness's failure to appear or the person's failure to produce any record pursuant to a subpoena issued under the authority of the legislature or a legislative committee.
(4) (a) A signed proclamation of contempt must be sent to the secretary of state to poll the members of the relevant chamber to determine if a majority of the members of the relevant chamber are in favor of adopting the proclamation of contempt and committing the witness or person for contempt of the legislature. If the proclamation of contempt involves a subpoena that was issued by a committee with voting members of both the house and the senate, the secretary of state shall poll both chambers.
(b) Within 3 calendar days after receiving a proclamation of contempt, the secretary of state shall send a ballot to all legislators of the relevant chamber by using any reasonable and reliable means, including electronic delivery, that contains:
(i) the proclamation of contempt; and
(ii) the date by which legislators shall return the ballot, which may not be more than 10 calendar days after the date the ballots were sent.
(c) A legislator may cast and return a vote by delivering the ballot in person, by mailing, or by sending the ballot by facsimile transmission or electronic mail to the office of the secretary of state. A legislator may not change the legislator's vote after the ballot is received by the secretary of state. The secretary of state shall tally the votes within 1 working day after the date for return of the votes. If a majority of the members of the relevant chamber vote to approve the proclamation of contempt, the proclamation is considered adopted by the relevant chamber and the witness or person is found to be in contempt of the legislature. A ballot that is not returned by the deadline established by the secretary of state is considered a vote against the proclamation of contempt. If the proclamation of contempt is sent to both chambers, a majority of the members of both chambers must vote to approve the proclamation of contempt for it to be adopted.
(5) Upon adoption of a simple resolution in subsection (2)(a) or the proclamation of contempt in subsection (2)(b), the speaker of the house for a subpoena in the house or the president of the senate for a subpoena in the senate shall certify the adopted resolution or proclamation of contempt to the attorney general for criminal contempt of the legislature and prosecution under 45-7-313 .