Bill Aims to Make Legislators follow their Rules

By MOLLY PRIDDY
Community News Service
University of Montana

HELENA - Sen. Mike Cooney wants to make it a crime for legislators to purposely violate the Legislature’s rules, especially those about the passage of bills.

“When we pass laws, we expect people to comply with them,” the Helena Democrat said Tuesday. “Yet we pass rules to run the Legislature and there’s no heat in those rules. This would just simply say once we pass them, we wouldn’t be able to ignore them.”

Cooney said Senate Bill 1 stems from his frustration late last session over the way House Republicans handled important budget legislation.

"We were watching Senate bills go over to the House and get stuck,” Cooney said. “Most of the budget bills didn’t even get scheduled for hearing. How can we do our business if they don’t do that?”

Under his bill, rule-breakers would face a misdemeanor charge, carrying a maximum penalty of six months in jail. Legislators could file complaints, which could be prosecuted by county attorneys.

Senate President Robert Story, R-Park City, said Cooney’s bill is more of a reminder to make lawmakers think about their actions and probably won't become law.

“In the end the rules are flexible,” Story said. “If the majority needs to do something that currently the rules prohibit, they’ve got the power to change the rules. ... The Legislature should take care of its own business and shouldn’t bring it into the legal system."

Cooney said he had no problem with the majority party changing the rules, as long as it follows them.

“Write the rules any way you want, I respect that,” Cooney said. “But don’t write the rules one way and handle them in another way.”

A hearing on the bill is scheduled for Wednesday.