Montana Code 5-2-107. Findings of purpose — legislator intervention in legal challenges authorized
5-2-107. Findings of purpose — legislator intervention in legal challenges authorized. (1) The legislature finds that:
Terms Used In Montana Code 5-2-107
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)proper interpretation and administration of the constitution and legislative enactments and referendums of the state are matters of great public interest and significant importance;
(b)an individual legislator in the legislator’s capacity as the primary sponsor of legislation at issue who voted for passage and approval of the legislation has a plain, direct, and adequate interest in maintaining the effectiveness of the legislator’s vote and has a personal stake in ensuring proper interpretation and administration of the constitution and legislative enactments and referendums that is distinguishable from that of the public generally; and
(c)the officers of the legislature have a plain, direct, and adequate interest in ensuring proper interpretation and administration of legislative enactments.
(2)The officers of the legislature and a legislator in the legislator’s capacity as the primary sponsor of legislation at issue who voted for passage and approval of the legislation may intervene as of right, individually or jointly, in declaratory judgment actions involving alleged constitutional or statutory violations of state law.
(3)Nothing in this section supersedes the authority of the attorney general to represent the state of Montana.
(4)The participation of an officer of the legislature in any action, state or federal, as a party or otherwise, does not constitute a waiver of legislative immunity or legislative privilege of any individual legislator, officer of the legislature, or legislative staff.
(5)Subject to available appropriation authority, an officer of the legislature may use funding that is approved by the legislative council or funding that is under the direction and control of the officer of the legislature to pay attorney fees and costs associated with intervention under subsection (2). A primary sponsor is responsible for paying attorney fees and costs associated with intervention under subsection (2) unless funding is approved by the legislative council.
(6)For the purposes of this section, “officer of the legislature” means the speaker of the house and the president of the senate.