5-4-304. Amendatory veto. The governor may return any bill to the originating house with the governor’s recommendations for amendment. The originating house shall reconsider the bill under its rules relating to an amendment offered in committee of the whole. The bill is then subject to the following procedures:

Terms Used In Montana Code 5-4-304

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.

(1)The originating house shall transmit to the second house, for consideration under its rules relating to amendments in committee of the whole, the bill and the originating house’s approval or disapproval of the governor’s recommendations.

(2)If both houses approve the governor’s recommendations, the bill must be returned to the governor for reconsideration.

(3)If both houses disapprove the governor’s recommendations, the bill must be returned to the governor for reconsideration.

(4)If one house disapproves the governor’s recommendations and the other house approves, then either house may request a conference committee, which may be a free conference committee:

(a)If both houses adopt a conference committee report, the bill, in accordance with the report, must be returned to the governor for reconsideration.

(b)If a conference committee fails to reach agreement or if its report is not adopted by both houses, the governor’s recommendations are considered not approved and the bill must be returned to the governor for further consideration.

(5)The governor may not return the bill for amendment a second time.