SENATE BILL NO. 343

INTRODUCED BY C. SWYSGOOD

A BILL FOR AN ACT ENTITLED: "AN ACT PROHIBITING OPEN-PIT MINING FOR GOLD OR SILVER USING CYANIDE HEAP LEACHING OR VAT LEACHING PROCESSES WITH CYANIDE ORE PROCESSING REAGENTS; ALLOWING CERTAIN EXISTING USES; PROVIDING THAT THE PROPOSED ACT BE SUBMITTED TO THE QUALIFIED ELECTORS OF MONTANA IN NOVEMBER 2000; PROVIDING A CONTINGENT VOIDNESS PROVISION; AND PROVIDING AN EFFECTIVE DATE."

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

NEW SECTION. Section 1. Cyanide heap leach and vat leach open-pit gold and silver mining prohibited. (1) Open-pit mining for gold or silver using heap leaching or vat leaching with cyanide ore-processing reagents is prohibited.

(2) A mine described in this section operating on November 7, 2000, may continue operating under its existing operating permit, but the permit may not be amended to allow its operations to be expanded.

NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 82, chapter 4, part 3, and the provisions of Title 82, chapter 4, part 3, apply to [section 1].

NEW SECTION. Section 3. Contingent voidness. If [LC 451] is not passed and approved, this act is void.

NEW SECTION. Section 4. Effective date. If approved by the electorate, this act is effective November 7, 2000.

NEW SECTION. Section 5. Submission to electorate. The question of whether this act will become effective shall be submitted to the qualified electors of Montana at the general election to be held in November 2000 by printing on the ballot the full title of this act and the following:

[]	FOR prohibiting cyanide leach processing at new open-pit gold and silver mines and prohibiting expansion of existing mines using cyanide leach processing.

[]	AGAINST prohibiting cyanide leach processing at new open-pit gold and silver mines and prohibiting expansion of existing mines using cyanide leach processing.

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