68th Legislature SB 153.1
1 SENATE BILL NO. 153
2 INTRODUCED BY B. MOLNAR
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING BALLOT INITIATIVE LAWS RELATED
5 TO INITIATIVE REVIEW; ELIMINATING INTERIM COMMITTEE REVIEW OF BALLOT INITIATIVES;
6 ELIMINATING A REGISTRATION FEE; ELIMINATING ATTORNEY GENERAL REVIEW FOR SUBSTANTIVE
7 LEGALITY; ELIMINATING ATTORNEY GENERAL REVIEW FOR HARM TO BUSINESS INTERESTS; AND
8 AMENDING SECTIONS 5-5-215, 5-11-105, 13-27-202, 13-27-204, AND 13-27-312, MCA.”
9
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
11
12 Section 1. Section 5-5-215, MCA, is amended to read:
13 "5-5-215. Duties of interim committees. (1) Each interim committee shall:
14 (a) review administrative rules within its jurisdiction;
15 (b) subject to 5-5-217(3), conduct interim studies as assigned;
16 (c) monitor the operation of assigned executive branch agencies with specific attention to the
17 following:
18 (i) identification of issues likely to require future legislative attention;
19 (ii) opportunities to improve existing law through the analysis of problems experienced with the
20 application of the law by an agency; and
21 (iii) experiences of the state's citizens with the operation of an agency that may be amenable to
22 improvement through legislative action;
23 (d) review, if requested by any member of the interim committee, the statutorily established
24 advisory councils and required reports of assigned agencies to make recommendations to the next legislature
25 on retention or elimination of any advisory council or required reports pursuant to 5-11-210;
26 (e) review proposed legislation of assigned agencies or entities as provided in the joint legislative
27 rules; and
28 (f) accumulate, compile, analyze, and furnish information bearing upon on its assignment and
-1- Authorized Print Version – SB 153
68th Legislature SB 153.1
1 relevant to existing or prospective legislation as it determines, on its own initiative, to be pertinent to the
2 adequate completion of its work; and.
3 (g) review proposed ballot initiatives within the interim committee's subject area and vote to either
4 support or not support the placement of the text of an initiative on the ballot in accordance with 13-27-202.
5 (2) Each interim committee shall prepare bills and resolutions that, in its opinion, the welfare of the
6 state may require for presentation to the next regular session of the legislature.
7 (3) The legislative services division shall keep accurate records of the activities and proceedings of
8 each interim committee."
9
10 Section 2. Section 5-11-105, MCA, is amended to read:
11 "5-11-105. Powers and duties of council. (1) The legislative council shall:
12 (a) employ and, in accordance with the rules for classification and pay established as provided in
13 this section, set the salary of an executive director of the legislative services division, who serves at the
14 pleasure of and is responsible to the legislative council;
15 (b) with the concurrence of the legislative audit committee and the legislative finance committee,
16 adopt rules for classification and pay of legislative branch employees, other than those of the office of
17 consumer counsel;
18 (c) with the concurrence of the legislative audit committee and the legislative finance committee,
19 adopt rules governing personnel management of branch employees, other than those of the office of consumer
20 counsel;
21 (d) adopt procedures to administer legislator claims for reimbursements authorized by law for
22 interim activity;
23 (e) establish time schedules and deadlines for the interim committees of the legislature, including
24 dates for requesting bills and completing interim work;
25 (f) review proposed legislation for agencies or entities that are not assigned to an interim
26 committee, as provided in 5-5-223 through 5-5-228, or to the environmental quality council, as provided in 75-1-
27 324; and
28 (g) review proposed ballot initiatives and vote to either support or not support the placement of the
-2- Authorized Print Version – SB 153
68th Legislature SB 153.1
1 text of an initiative on the ballot in accordance with 13-27-202; and
2 (h)(g) perform other duties assigned by law.
3 (2) If a question of statewide importance arises when the legislature is not in session and a
4 legislative interim committee has not been assigned to consider the question, the legislative council shall assign
5 the question to an appropriate interim committee, as provided in 5-5-202, or to the appropriate statutorily
6 created committee."
7
8 Section 3. Section 13-27-202, MCA, is amended to read:
9 "13-27-202. Recommendations -- registration by paid signature gatherers -- approval of form
10 required. (1) (a) A proponent of a ballot issue shall submit the text of the proposed ballot issue to the secretary
11 of state together with draft ballot issue statements intended to comply with 13-27-312. Petitions may not be
12 circulated for the purpose of signature gathering more than 1 year prior to the final date for filing the signed
13 petition with the county election administrator. The secretary of state shall forward a copy of the text of the
14 proposed issue and statements to the legislative services division for review.
15 (b) A person who employs a paid signature gatherer shall register with the secretary of state prior to
16 collecting signatures. Except as provided in subsection (1)(c), the registration in this subsection (1) must be
17 accompanied by a filing fee of not more than $100 or an amount set by the secretary of state. The fee must be
18 deposited in an account to the credit of the secretary of state in accordance with 2-15-405 (4).
19 (c) A person who employs a paid signature gatherer may seek a waiver from the fee required in
20 subsection (1)(b) by demonstrating a financial inability to pay without substantial hardship.
21 (d) The secretary of state may adopt rules to provide for the administration of this subsection (1),
22 including rules to implement a standard registration form and the waiver provisions in subsection (1)(c).
23 (2) (a) The legislative services division staff shall review the text and statements for clarity,
24 consistency, and conformity with the most recent edition of the bill drafting manual furnished by the legislative
25 services division, the requirements of 13-27-312, and any other factors that the staff considers when drafting
26 proposed legislation.
27 (b) Within 14 days after submission of the text and statements, the legislative services division
28 staff shall recommend in writing to the proponent revisions to the text and revisions to the statements to make
-3- Authorized Print Version – SB 153
68th Legislature SB 153.1
1 them consistent with any recommendations for change to the text and the requirements of 13-27-312 or state
2 that no revisions are recommended.
3 (c) The proponent shall consider the recommendations and respond in writing to the legislative
4 services division, accepting, rejecting, or modifying each of the recommended revisions. If revisions are not
5 recommended, a response is not required.
6 (3) The legislative services division shall furnish a copy of the correspondence provided for in
7 subsection (2) to the secretary of state, who shall make a copy of the correspondence available to any person
8 upon request.
9 (4) Before a petition may be circulated for signatures, the final text of the proposed issue and ballot
10 statements must be submitted to the secretary of state. The secretary of state shall reject the proposed issue if
11 the text or a ballot statement contains material not submitted to the legislative services division that is a
12 substantive change not recommended by the legislative services division. If accepted, the secretary of state
13 shall refer a copy of the proposed issue and statements to the attorney general for a determination as to the
14 legal sufficiency of the issue and for approval of the petitioner's ballot statements and for a determination
15 pursuant to 13-27-312 as to whether a fiscal note is necessary.
16 (5) (a) The secretary of state shall review the legal sufficiency opinion and ballot statements of the
17 petitioner, as approved by the attorney general and received pursuant to 13-27-312.
18 (b) If the attorney general approves the proposed issue, the secretary of state shall provide the
19 executive director of the legislative services division a copy of the final text of the proposed issue and ballot
20 statements. The executive director shall provide the information to the appropriate interim committee for review
21 in accordance with 5-5-215. If questions arise regarding which interim committee has jurisdiction over the
22 matter, the executive director shall direct the review to the legislative council in accordance with 5-11-105.
23 (c) The appropriate interim committee or legislative council shall meet and hold a public hearing after
24 receiving the information and vote to either support or not support the placement of the proposed initiative text
25 on the ballot. The outcome of the vote must be submitted to the secretary of state no later than 14 days after
26 receipt of the final text of the proposed issue and ballot statements. Nothing in this section prevents the interim
27 committee from meeting remotely or via conference call. Proxies must be allowed for legislators unable to
28 participate if a quorum of the committee or council meets to fulfill the requirements of this section.
-4- Authorized Print Version – SB 153
68th Legislature SB 153.1
1 (d) The executive director shall provide written correspondence to the secretary of state providing the
2 name of the interim committee or the administrative committee that voted on the proposal, the date of the vote,
3 and the outcome of the vote conducted in accordance with subsection (5)(c).
4 (e)(a) After the executive director provides the information to the secretary of state in accordance with
5 subsection (5)(d) If the attorney general approves the proposed issues, the secretary of state shall immediately
6 send to the person submitting the proposed issue a sample petition form, including the text of the proposed
7 issue, the statement of purpose and implication, and the yes and no statements, as prepared by the petitioner,
8 reviewed by the legislative services division, and approved by the attorney general and in the form provided by
9 this part. A signature gatherer may circulate the petition only in the form of the sample prepared by the
10 secretary of state. The secretary of state shall immediately provide a copy of the sample petition form to any
11 interested parties who have made a request to be informed of an approved petition.
12 (f)(b) If the attorney general rejects the proposed issue, the secretary of state shall send written
13 notice to the person who submitted the proposed issue of the rejection, including the attorney general's legal
14 sufficiency opinion.
15 (g)(c) If an action is filed challenging the validity of the petition, the secretary of state shall
16 immediately notify the person who submitted the proposed issue."
17
18 Section 4. Section 13-27-204, MCA, is amended to read:
19 "13-27-204. Petition for initiative. (1) The following, including the language provided for in
20 subsection (2)(b), is substantially the form for a petition calling for a vote to enact a law by initiative:
21 PETITION TO PLACE INITIATIVE NO.____ ON THE ELECTION BALLOT
22 (a) If 5% of the voters in each of one-half of the counties sign this petition and the total number of
23 voters signing this petition is _____, this initiative will appear on the next general election ballot. If a majority of
24 voters vote for this initiative at that election, it will become law.
25 (b) We, the undersigned Montana voters, propose that the secretary of state place the following
26 initiative on the _____________, 20__, general election ballot:
27 (Title of initiative written pursuant to 13-27-312)
28 (Statement of purpose and implication written pursuant to 13-27-312)
-5- Authorized Print Version – SB 153
68th Legislature SB 153.1
1 (Yes and no statements written pursuant to 13-27-312)
2 (c) Voters are urged to read the complete text of the initiative, which appears (on the reverse side of,
3 attached to, etc., as applicable) this sheet. A signature on this petition is only to put the initiative on the ballot
4 and does not necessarily mean the signer agrees with the initiative.
5 (d) Voters are advised that either an interim committee or an administrative committee of the
6 legislature in accordance with 5-5-215 or 5-11-105 reviewed the content of this initiative and [did] or [did not]
7 support the placement of the proposed text of this initiative on the ballot. The outcome of the vote was [x] in
8 favor of placing the measure on the ballot and [x] against placing the measure on the ballot.
9 (e)(d)
10 WARNING
11 A person who purposefully signs a name other than the person's own to this petition, who signs more
12 than once for the same issue at one election, or who signs when not a legally registered Montana voter is
13 subject to a $500 fine, 6 months in jail, or both.
14 (f)(e) Each person is required to sign the person's name and list the person's address or telephone
15 number in substantially the same manner as on the person's voter registration form or the signature will not be
16 counted.
17 (2) (a) If the attorney general determines the proposed ballot issue will likely cause significant
18 material harm to one or more business interests in Montana pursuant to 13-27-312 (9), the statement in
19 subsection (2)(b) must appear on the front page of the petition form before the information set forth in
20 subsection (1).
21 (b)
22 WARNING
23 The Attorney General of Montana has determined the proposed ballot issue will likely cause significant
24 material harm to one or more business interests in Montana.
25 (3)(2) Numbered lines must follow the heading. Each numbered line must contain spaces for the
26 signature, date, residence address, county of residence, and printed last name and first and middle initials of
27 the signer. In place of a residence address, the signer may provide the signer's post-office address or the
28 signer's home telephone number. An address provided on a petition by the signer that differs from the signer's
-6- Authorized Print Version – SB 153
68th Legislature SB 153.1
1 address as shown on the signer's voter registration form may not be used as the only means to disqualify the
2 signature of that petition signer."
3
4 Section 5. Section 13-27-312, MCA, is amended to read:
5 "13-27-312. Review of proposed ballot issue and statements by attorney general -- preparation
6 of fiscal note. (1) Upon On receipt of a proposed ballot issue and statements from the office of the secretary of
7 state pursuant to 13-27-202, the attorney general shall examine the proposed ballot issue for legal sufficiency
8 as provided in this section and shall determine whether the ballot statements comply with the requirements of
9 this section.
10 (2) The attorney general shall, in reviewing the ballot statements, endeavor to seek out parties on
11 both sides of the issue and obtain their advice. The attorney general shall review the ballot statements to
12 determine if they contain the following matters:
13 (a) a statement of purpose and implication, not to exceed 135 words, explaining the purpose and
14 implication of th