SB44 sought to codify the separation of powers doctrine by delineating the roles and authorities of the legislative, executive, and judicial branches, as well as defining the powers of the Board of Regents of Higher Education and the Board of Public Education.
The Montana State Senate rejected SB44 on January 29, 2025 by a vote of 23 to 26. We have assigned pluses to the ayes because this bill would have strengthened the constitutional principle of separation of powers by clearly defining the roles and limits of each branch of government. SB44 also sought to ensure that unelected, “independent” agencies—such as the Board of Regents and the Board of Public Education—remain accountable to the laws enacted by the people's representatives in the legislature. In recent years, these boards have often operated with little oversight, blurring constitutional boundaries and weakening representative government. By reaffirming that all government entities must remain within their proper constitutional roles, SB44 would have helped restore checks and balances and protect against administrative overreach.
