HOUSE BILL NO. 309

INTRODUCED BY B. MOLNAR

A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING ADDITIONAL DUTIES FOR THE ATTORNEY GENERAL IN RELATION TO LAW SUITS, ATTORNEY GENERAL'S OPINIONS, AND BALLOT ISSUES; AND AMENDING SECTIONS 2-15-501 AND 13-27-312, MCA."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 2-15-501, MCA, is amended to read:

"2-15-501. (Temporary) General duties. It is the duty of the attorney general:

(1) to prosecute or defend all causes in the supreme court in which the state or any officer of the state in the officer's official capacity is a party or in which the state has an interest;

(2) to represent the state in all bankruptcy proceedings in which the state's interest may be affected;

(3) after judgment in any of the causes referred to in subsections (1) and (2), to direct the issuing of a process as may be necessary to carry the judgment into execution;

(4) to keep a register of all cases prosecuted or defended by the attorney general. The register must be open to the inspection of the public during business hours. The attorney general shall deliver the register to the attorney general's successor in office.

(5) to exercise supervisory powers over county attorneys in all matters pertaining to the duties of their offices and from time to time require of them reports as to the condition of public business entrusted to their charge. The supervisory powers granted to the attorney general by this subsection include the power to order and direct county attorneys in all matters pertaining to the duties of their office. The county attorney shall, when ordered or directed by the attorney general, promptly institute and diligently prosecute in the proper court and in the name of the state of Montana any criminal or civil action or special proceeding.

(6) (a) when required by the public service or directed by the governor, to assist the county attorney of any county in the discharge of the county attorney's duties or to prosecute or defend appropriate cases in which the state or any officer of the state in the officer's official capacity is a party or in which the state has an interest; and

(b) when directed by the governor or by a simple resolution of the house or senate, to defend a right under the 10th amendment to the United States constitution. If the legislature is not in session, upon the written request of 15 members of a house of the legislature that includes a statement of the 10th amendment right to be defended, the secretary of state shall poll the members of that house on the question of whether the attorney general must be directed by that house to defend that 10th amendment right. If a majority of those voting vote in the affirmative, the secretary of state shall inform the attorney general of the results of the vote and of the 10th amendment right to be defended.

(7) to give an opinion in writing, without fee, to the legislature, either house of the legislature, or any 15 members of either house of the legislature; to any state officer, board, or commission; to any county attorney; to the city attorney of any city or town; or to the board of county commissioners of any county of the state when required upon any question of law relating to their respective offices. The attorney general shall give the opinion within 3 months following the date that it is requested unless the attorney general certifies in writing to the requesting party that the question is of sufficient complexity to require additional time. If an opinion issued by the attorney general conflicts with an opinion issued by a city attorney, county attorney, or an attorney employed or retained by any state officer, board, commission, or department, the attorney general's opinion is controlling unless overruled by a state district court or the supreme court.

(8) to discharge the duties of a member of the board of examiners and state board of land commissioners;

(9) to perform all other duties as required by law. (Terminates June 30, 1999--sec. 1, Ch. 82, L. 1997.)

2-15-501. (Effective July 1, 1999) General duties. It is the duty of the attorney general:

(1) to prosecute or defend all causes in the supreme court in which the state or any officer of the state in the officer's official capacity is a party or in which the state has an interest;

(2) after judgment in any of the causes referred to in subsection (1), to direct the issuing of a process as may be necessary to carry the judgment into execution;

(3) to keep a register of all cases prosecuted or defended by the attorney general. The register must be open to the inspection of the public during business hours. The attorney general shall deliver the register to the attorney general's successor in office.

(4) to exercise supervisory powers over county attorneys in all matters pertaining to the duties of their offices and from time to time require of them reports as to the condition of public business entrusted to their charge. The supervisory powers granted to the attorney general by this subsection include the power to order and direct county attorneys in all matters pertaining to the duties of their office. The county attorney shall, when ordered or directed by the attorney general, promptly institute and diligently prosecute in the proper court and in the name of the state of Montana any criminal or civil action or special proceeding.

(5) (a) when required by the public service or directed by the governor, to assist the county attorney of any county in the discharge of the county attorney's duties or to prosecute or defend appropriate cases in which the state or any officer of the state in the officer's official capacity is a party or in which the state has an interest; and

(b) when directed by the governor or by a simple resolution of the house or senate, to defend a right under the 10th amendment to the United States constitution. If the legislature is not in session, upon the written request of 15 members of a house of the legislature that includes a statement of the 10th amendment right to be defended, the secretary of state shall poll the members of that house on the question of whether the attorney general must be directed by that house to defend that 10th amendment right. If a majority of those voting vote in the affirmative, the secretary of state shall inform the attorney general of the results of the vote and of the 10th amendment right to be defended.

(6) to give an opinion in writing, without fee, to the legislature, either house of the legislature, or any 15 members of either house of the legislature; to any state officer, board, or commission; to any county attorney; to the city attorney of any city or town; or to the board of county commissioners of any county of the state when required upon any question of law relating to their respective offices. The attorney general shall give the opinion within 3 months following the date that it is requested unless the attorney general certifies in writing to the requesting party that the question is of sufficient complexity to require additional time. If an opinion issued by the attorney general conflicts with an opinion issued by a city attorney, county attorney, or an attorney employed or retained by any state officer, board, commission, or department, the attorney general's opinion is controlling unless overruled by a state district court or the supreme court.

(7) to discharge the duties of a member of the board of examiners and state board of land commissioners;

(8) to perform all other duties as required by law."

Section 2. Section 13-27-312, MCA, is amended to read:

"13-27-312. Review of petition by attorney general -- preparation of statements -- fiscal note. (1) Upon receipt of a petition from the office of the secretary of state pursuant to 13-27-202, the attorney general shall examine the petition as to form and, if the proposed ballot issue has an effect on the revenue, expenditures, or the fiscal liability of the state, shall order a fiscal note incorporating an estimate of the effect, the substance of which must substantially comply with the provisions of 5-4-205. The budget director, in cooperation with the agency or agencies affected by the petition, is responsible for preparing the fiscal note and shall return it within 6 days unless the attorney general, for good cause shown, extends the time for completing the fiscal note.

(2) If the petition form is approved, the attorney general shall prepare:

(a) a statement, not to exceed 100 words, explaining the purpose of the measure; and

(b) statements, not to exceed 25 words each, explaining the implications of a vote for and a vote against the measure.

(3) The attorney general shall prepare a fiscal statement of no more than 50 words if a fiscal note was prepared for the proposed ballot issue. The statement must be used on the petition and ballot if the measure is placed on the ballot.

(4) Prior to preparing the final versions of the statements required by subsections (2)(a), (2)(b), and (3), the attorney general shall prepare proposed versions of the statements, give copies of the proposed versions of the statements to key parties on both sides of the issue, and request their comments and advice regarding the proposed versions of the statements. When preparing the final versions of the statements, the attorney general shall consider any comments and advice submitted by the parties who were given the proposed versions of the statements.

(5) The statement of purpose and the statements of implication must express the true and impartial explanation of the proposed ballot issue in plain, easily understood language and may not be arguments or written so as to create prejudice for or against the measure.

(6) The statement of purpose, unless altered by a court under 13-27-316, is the petition title for the measure circulated by the petition and the ballot title if the measure is placed on the ballot.

(7) The statements of implication must be placed beside the diagram provided for marking of the ballot in a manner similar to but not limited to the following example:

[]	FOR extending the right to vote to persons 18 years of age.

[]	AGAINST extending the right to vote to persons 18 years of age.

(8) If the petition is rejected as to form, the attorney general shall forward the attorney general's comments to the secretary of state within 21 days after receipt of the petition by the attorney general. If the petition is approved as to form, the attorney general shall forward the statement of purpose, the statements of implication, and the fiscal statement, if applicable, to the secretary of state within 21 days after receipt of the petition by the attorney general."

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