HOUSE BILL NO. 623

INTRODUCED BY M. BRAINARD

A BILL FOR AN ACT ENTITLED: "AN ACT DECLARING AN END TO THE STATE OF EMERGENCY DECLARED IN 1933 AS A RESULT OF THE U.S. FINANCIAL CRISIS KNOWN AS THE GREAT DEPRESSION; DECLARING THAT LEGISLATIVE ACTIONS TAKEN BY THE EXTRAORDINARY SESSION OF THE 23RD LEGISLATIVE ASSEMBLY ARE TO BE REVIEWED FOR CURRENT NEED; PROVIDING THAT A LEGISLATIVE COMMITTEE DEVELOP THE LEGISLATION NECESSARY TO IMPLEMENT THE DECLARATION; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

WHEREAS, since March 9, 1933, the United States has been in a declared state of emergency as a result of the financial crisis known as the Great Depression; and

WHEREAS, the declared emergency resulted in governors granting sweeping executive powers to the President of the United States and to state chief executive officers that are ordinarily exercised by Congress or the state legislatures; and

WHEREAS, as a result of the declaration of emergency in 1933, Montana Governor Cooney convened an extraordinary legislative session during which sweeping changes were enacted in Montana in response to the economic crisis; and

WHEREAS, the United States is at peace with no state of war or economic crisis now existing; and

WHEREAS, the United State's economy is enjoying record growth and prosperity; and

WHEREAS, the failure to end the state of emergency declared in 1933 has left in place broad executive authority and emergency legislative enactments that have served to undermine the representative form of government established by the U.S. Constitution; and

WHEREAS, it is appropriate for the State of Montana to declare an end to the 1933 emergency and review the emergency enactments of the Extraordinary Session of the 23rd Legislative Assembly.

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

NEW SECTION. Section 1. Declaration. The state of Montana declares that the state of emergency declared in 1933 as a result of financial crisis in the United States is ended. Emergency legislative enactments taken by the state of Montana during the extraordinary session of the 23rd legislative assembly will be reviewed for current need.

NEW SECTION. Section 2. Implementation. To implement the declaration in [section 1], the legislative council shall direct an appropriate interim committee to develop legislation for introduction in the next regular legislative session to repeal statutes and legislative enactments in Montana that have their origins in the laws passed by the extraordinary session of the 23rd legislative assembly to respond to the 1933 state of emergency, as appropriate.

NEW SECTION. Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 1, and the provisions of Title 1 apply to [section 1].

NEW SECTION. Section 4. Effective date. [This act] is effective on passage and approval.

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