Revise Montana code annotated publishing laws related to code commissioner duties
Summary
HB 115 revises the statutory duties of the Montana Code Commissioner, the official responsible for preparing and maintaining the Montana Code Annotated. The bill updates definitions in 1-11-101, MCA, to clarify terms such as “publication” and “recodify,” and it specifies that recodification includes editorial and organizational changes that do not alter the meaning of the law, such as correcting punctuation, updating references, creating new code divisions, and revising captions to match section content.
The bill also amends 1-11-204, MCA, to clarify the commissioner’s reporting and publication duties. It requires the commissioner to continue preparing a pre-session report recommending cleanup legislation, to publish statutory history, annotations, editorial notes, constitutional and foundational legal documents, indexes, and cross-reference tables with the MCA, and to continue updating and arranging the code after publication. It further authorizes the commissioner to recodify the MCA on a title-by-title basis, while making that work secondary to other interim duties, and it retains consultation with the judiciary and state bar on recodification procedures. The act takes effect immediately upon passage and approval.
Impact
HB 115 primarily affects the administrative process for maintaining and publishing the Montana Code Annotated rather than changing substantive law. It amends two sections of the Montana Code to modernize terminology, clarify the scope of permissible editorial changes, and streamline the Code Commissioner’s duties and publication responsibilities. The bill impacts the Legislative Council, the Code Commissioner, and users of the MCA by formalizing how the code is updated, annotated, indexed, and recodified.
Sentiment
The bill appears to have broad support and little visible controversy. It passed the House and Senate with comfortable margins, and it cleared the House State Administration Committee and the Senate Legislative Administration Committee with favorable votes. The absence of committee testimony in the provided record suggests the measure was viewed as a technical or administrative housekeeping bill rather than a contentious policy change.
Contention
Any disagreement appears limited to the degree of discretion given to the Code Commissioner and the prioritization of recodification work. The bill expressly authorizes title-by-title recodification and clarifies that such work is secondary to other interim duties, which may reflect a desire to balance code maintenance with other legislative tasks. The recorded votes show some opposition in floor votes, but no specific substantive objections are documented in the provided materials.