Bill Summary – FastDemocracy

68th Legislature                                                                                                     SB 93.1
                                                  SENATE BILL NO. 93
                                              INTRODUCED BY M. CUFFE
        BY REQUEST OF THE STATE ADMINISTRATION AND VETERAN AFFAIRS INTERIM COMMITTEE
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   A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING BALLOT ISSUE LAWS; PROVIDING
   AND REVISING SUBMISSION AND PROCESSING TIMELINES FOR STATEWIDE BALLOT ISSUES;
   CLARIFYING SUBSTANTIVE AND PROCEDURAL PROVISIONS APPLICABLE TO BALLOT ISSUES;
   REORGANIZING STATUTORY PROVISIONS RELATED TO BALLOT ISSUES; PROVIDING DEFINITIONS;
   PROVIDING RULEMAKING AUTHORITY; AMENDING SECTIONS 5-5-215, 5-11-105, 7-5-132, 7-7-2224, 7-
   14-204, 13-27-102, 13-27-103, 13-27-105, 13-27-112, 13-27-201, 13-27-204, 13-27-205, 13-27-206, 13-27-
   207, 13-27-208, 13-27-209, 13-27-210, 13-27-211, 13-27-301, 13-27-303, 13-27-304, 13-27-308, 13-27-311,
   13-27-316, 13-27-317, 13-27-401, 13-27-402, 13-27-403, 13-27-406, 13-27-407, 13-27-409, 13-27-410, 13-27-
   501, 13-27-502, 13-27-503, AND 13-27-504, MCA; REPEALING SECTIONS 13-27-111, 13-27-113, 13-27-202,
   13-27-312, AND 13-27-315, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN
   APPLICABILITY DATE.”
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              NEW SECTION. Section 1.      Definitions. As used in this chapter, unless the context clearly indicates
   otherwise, the following definitions apply:
              (1)   "Ballot statements" means a statement of purpose and implication and a yes and no statement.
              (2)   "Constitutional convention initiative" means a statewide initiative to submit to the qualified
   electors the question of whether there must be an unlimited convention to amend the Montana constitution as
   authorized in Article XIV, section 2, of the Montana constitution.
              (3)   "Constitutional convention referendum" means a legislative act submitting the question of
   whether there must be an unlimited convention to revise, alter, or amend the Montana constitution to the
   qualified electors that is referred by the legislature as authorized in Article XIV, section 1, of the Montana
   constitution.
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              (4)    "Constitutional initiative" means a statewide initiative to enact constitutional law as authorized
   in Article XIV, section 9, of the Montana constitution.
              (5)    "Constitutional referendum" means a legislative act to enact constitutional law that is referred
   by the legislature to the qualified electors for approval or rejection as authorized in Article XIV, section 8, of the
   Montana constitution.
              (6)    "Enact" means to enact, amend, or repeal.
              (7)    "Legal sufficiency" or "legally sufficient" means that a petition complies with statutory and
   constitutional requirements governing submission of the proposed issue to the qualified electors and the
   substantive legality of the proposed issue if approved by the voters.
              (8)    "Legislative referendum" means a legislative act to enact statutory law that is referred by the
   legislature to the qualified electors for approval or rejection as authorized in Article III, section 5, of the Montana
   constitution.
              (9)    "Petition" means a petition for a statewide initiative or a statutory referendum prepared
   pursuant to the requirements of this chapter.
              (10)   "Statewide ballot issue" means a statewide initiative or a statewide referendum.
              (11)   "Statewide initiative" means a constitutional initiative, a constitutional convention initiative, or a
   statutory initiative.
              (12)   "Statewide referendum" means a constitutional referendum, a constitutional convention
   referendum, a legislative referendum, or a statutory referendum.
              (13)   "Statewide referendum referred to a vote of the people by the legislature" means a
   constitutional referendum, a constitutional convention referendum, or a legislative referendum.
              (14)   "Statutory initiative" means an initiative to enact statutory law as authorized in Article III, section
   4, of the Montana constitution.
              (15)   "Statutory referendum" means a legislative act to enact statutory law that is referred by petition
   to the qualified electors for approval or rejection as authorized in Article III, section 5, of the Montana
   constitution.
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              NEW SECTION. Section 2.       Statement of purpose and implication. (1) A statement of purpose and
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   implication expresses the true and impartial explanation of the proposal in plain, easily understood language.
   The statement of purpose and implication may not be argumentative or written so as to create prejudice for or
   against the issue.
              (2)     A statement of purpose and implication may not exceed 135 words.
              (3)     Unless altered by the court under 13-27-316, a statement of purpose and implication is the
   petition title for an issue circulated by petition and the ballot title if the issue circulated by petition is placed on
   the ballot.
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              NEW SECTION. Section 3.        Yes and no statement. (1) A yes and no statement specifies that a
   positive vote indicates support for the issue and a negative vote indicates opposition to the issue.
              (2)     The yes and no statement must be placed beside the diagram provided for marking of the
   ballot in a manner similar to the following:
              [] YES on (insert the type of ballot issue and its number)
              [] NO on (insert the type of ballot issue and its number)
              (3)     The type of ballot issue and its number required by subsection (2) must be designated by the
   secretary of state as provided in 13-27-203 after the secretary of state receives notice from the attorney general
   that the petition has been found legally sufficient as provided in this part.
              (4)     The yes and no statement may not include additional material beyond the requirements of
   subsection (2).
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              NEW SECTION. Section 4.        Submission and processing of statewide ballot issues. (1) A
   proponent of a statutory initiative shall submit the text of the proposed initiative to the secretary of state in
   accordance with [section 5].
              (2)     A proponent of a statutory referendum shall submit the text of the proposed referendum to the
   secretary of state in accordance with [section 6].
              (3)     A proponent of a constitutional initiative shall submit the text of the proposed initiative to the
   secretary of state in accordance with [section 7].
              (4)     A proponent of a constitutional convention initiative shall submit the text of the proposed
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68th Legislature                                                                                                       SB 93.1
   initiative to the secretary of state in accordance with [section 8].
              (5)   A constitutional referendum, a constitutional convention referendum, or a legislative
   referendum passed by the legislature must be processed in accordance with [section 9].
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              NEW SECTION. Section 5.       Statutory initiative process and procedure. (1) (a) A proponent of a
   statutory initiative shall submit the text of the proposed statutory initiative to the secretary of state together with
   draft ballot statements. The secretary of state shall forward a copy of the text of the proposed statutory initiative
   and ballot statements to the legislative services division for review in accordance with [section 10].
              (b)   A proposed statutory initiative may not be accepted by the secretary of state until 10 days after
   the adjournment sine die of the regular legislative session preceding the general election during which the
   proposal is intended to be voted on. The prohibitions on acceptance of a proposed statutory initiative provided
   in this subsection (1)(b) do not apply to a submission received on or after the date that falls 180 days after the
   date that the legislature convened in regular session pursuant to 5-2-103, even if the legislature has not
   adjourned sine die. If the secretary of state rejects a proposed statutory initiative pursuant to this subsection
   (1)(b), the secretary of state shall promptly notify the person who submitted the proposal of the reason for the
   rejection.
              (2)   Within 14 days after receiving the proposed statutory initiative from the secretary of state, the
   legislative services division shall respond in writing to the proponent in accordance with [section 10].
              (3)   After the proponent responds to the legislative services division as provided in [section 10], the
   proponent shall submit the final text of the proposed statutory initiative and ballot statements to the secretary of
   state. However, if a response to the legislative services division is not required by the proponent pursuant to
   [section 10], the proponent shall instead submit the final text of the proposed statutory initiative and ballot
   statements to the secretary of state after the proponent receives the legislative services division's response.
              (4)   On receipt of the final text of the proposed statutory initiative and the ballot statements, the
   secretary of state shall reject the proposed statutory initiative if the text or a ballot statement contains material
   not submitted to the legislative services division that is a substantive change not recommended by the
   legislative services division. Otherwise, the secretary of state shall refer a copy of the proposed statutory
   initiative and ballot statements to the attorney general for the attorney general's review in accordance with
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   [section 11].
              (5)   In addition to the requirements of [section 11], the attorney general shall:
              (a)   include in the attorney general's legal sufficiency review whether the proposed statutory
   initiative constitutes an appropriation as set forth in 13-27-211; and
              (b)   review the proposed statutory initiative as to whether the proposal could cause a regulatory
   taking under Montana law or otherwise will likely cause significant material harm to one or more business
   interests in the state if approved by the voters. If the attorney general determines the proposed statutory
   initiative will likely cause significant material harm to one or more business interests in the state, the attorney
   general shall notify the secretary of state, which must include the finding set forth in 13-27-204(2) on the final
   form of the petition.
              (6)   If the attorney general orders a fiscal note pursuant to [section 11], the budget director shall
   prepare the fiscal note pursuant to [section 12] and return it to the attorney general within 10 days.
              (7)   Within 30 days of receipt of the proposed statutory initiative from the secretary of state, the
   attorney general shall complete the requirements set forth in [section 11] and subsection (5) of this section.
              (8)   The secretary of state shall review the legal sufficiency opinion received pursuant to [section
   11].
              (a)   If the attorney general finds that the proposed statutory initiative is not legally sufficient, the
   secretary of state shall send written notice to the person who submitted the proposal that the proposed
   statutory initiative has been rejected. The notice must include a copy of the attorney general's legal sufficiency
   opinion.
              (b)   If the attorney general finds that the proposed statutory initiative is legally sufficient, the
   secretary of state shall provide the executive director of the legislative services division a copy of the final text
   of the proposed statutory initiative and ballot statements in accordance with [section 13]. After the executive
   director of the legislative services division provides the secretary of state the outcome of the vote as required by
   [section 13], the secretary of state shall immediately send a sample petition form as provided in [section 14] to
   the person submitting the proposed statutory initiative.
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              NEW SECTION. Section 6.       Statutory referendum process and procedure. (1) (a) A proponent of
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68th Legislature                                                                                                      SB 93.1
   a statutory referendum shall submit the text of the proposed statutory referendum to the secretary of state
   together with draft ballot statements. The secretary of state shall forward a copy of the text of the proposed
   statutory referendum and ballot statements to the legislative services division for review in accordance with
   [section 10].
              (b)   A proposed statutory referendum may not be accepted by the secretary of state until 10 days
   after the adjournment sine die of the regular legislative session preceding the general election during which the
   proposal is intended to be voted on. The prohibitions on acceptance of a proposed statutory referendum
   provided in this subsection (1)(b) do not apply to a submission received on or after the date that falls 180 days
   after the date that the legislature convened in regular session pursuant to 5-2-103, even if the legislature has
   not adjourned sine die. If the secretary of state rejects a proposed statutory referendum pursuant to this
   subsection (1)(b), the secretary of state shall promptly notify the person who submitted the proposal of the
   reason for the rejection.
              (2)   Within 7 days after receiving the proposed statutory referendum from the secretary of state, the
   legislative services division shall respond in writing to the proponent in accordance with [section 10].
              (3)   After the proponent responds to the legislative services division as provided in [section 10], the
   proponent shall submit the final text of the proposed statutory referendum and ballot statements to the
   secretary of state. However, if a response to the legislative services division is not required by the proponent
   pursuant to [section 10], the proponent shall instead submit the final text of the proposed statutory referendum
   and ballot statements to the secretary of state after the proponent receives the legislative services division's
   response.
              (4)   On receipt of the final text of the proposed statutory referendum and the ballot statements, the
   secretary of state shall reject the proposed statutory referendum if the text or a ballot statement contains
   material not submitted to the legislative services division that is a substantive change not recommended by the
   legislative services division. Otherwise, the secretary of state shall refer a copy of the proposed statutory
   referendum and ballot statements to the attorney general for the attorney general's review in accordance with
   [section 11].
              (5)   If the attorney general orders a fiscal note pursuant to [section 11], the budget director shall
   prepare the fiscal note pursuant to [section 12]. If the legislative act that is the subject of the proposed statutory
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   referendum had a fiscal note prepared pursuant to 5-4-202 during the legislative session in which the bill was
   proposed, the budget director shall return the fiscal note to the attorney general within 3 days. If the legislative
   act that is the subject of the proposed statutory referendum did not have a fiscal note prepared pursuant to 5-4-
   202 during the legislative session in which the bill was proposed, the budget director shall return the fiscal note
   to the attorney general within 6 days.
              (6)   If the budget director is allowed 3 days to return the fiscal note pursuant to subsection (5), the
   attorney general shall complete the requirements set forth in [section 11] within 14 days of the receipt of the
   proposed statutory referendum from the secretary of state. However, if the budget director is allowed 6 days to
   return the fiscal note pursuant to subsection (5), the attorney general shall complete the requirements set forth
   in [section 11] within 17 days of the receipt of the proposed statutory referendum from the secretary of state.
              (7)   The secretary of state shall review the legal sufficiency opinion received