House Bill No. 249

Introduced By _______________________________________________________________________________

A Bill for an Act entitled: "An Act submitting to the qualified electors of Montana an amendment to Article IX, section 5, of the Montana Constitution allowing the legislature to use $9 million for infrastructure projects each year from January 1, 1999, through January 1, 2008, of money that would be deposited in the coal severance tax trust fund; and providing an effective date and a termination date."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Article IX, section 5, of The Constitution of the State of Montana is amended to read:

"Section 5.  Severance tax on coal -- trust fund. (1) The Until January 1, 1999, the legislature shall dedicate not less than one-fourth (1/4) fifty percent (50%) of the coal severance tax to a trust fund, the interest and income from which may be appropriated. The principal of the trust shall forever remain inviolate unless appropriated by vote of three-fourths (3/4) of the members of each house of the legislature. After December 31, 1979, at least fifty percent (50%) of the severance tax shall be dedicated to the trust fund.

(2) From January 1, 1999, until January 1, 2008, $9 million per year that would be deposited in the trust fund pursuant to subsection (1) may be used by majority legislative vote for the construction, installation, and expansion of infrastructure.

(3) As used in this section, "infrastructure" means:

(a) drinking water systems;

(b) wastewater treatment systems;

(c) sanitary sewer or storm sewer systems;

(d) solid waste disposal and separation systems, including site acquisition, preparation, or monitoring; and

(e) bridges."

NEW SECTION. Section 2.  Effective date -- termination. If approved by the electorate, this amendment is effective January 1, 1999, and terminates January 1, 2008.

NEW SECTION. Section 3.  Submission to electorate. This amendment shall be submitted to the qualified electors of Montana at the general election to be held in November 1998 by printing on the ballot the full title of this act and the following:

[] FOR allowing the legislature to use for infrastructure $9 million per year of the coal severance tax dedicated to the coal severance tax trust fund.

[] AGAINST allowing the legislature to use for infrastructure $9 million per year of the coal severance tax dedicated to the coal severance tax trust fund.

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