SENATE BILL NO. 39
INTRODUCED BY M. TAYLOR, CRISMORE, DEPRATU, F. THOMAS, MCNUTT, EKEGREN, KEATING
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING CONSTITUTIONAL TERM LIMITS FOR ELECTED STATE OFFICIALS; ELIMINATING UNENFORCEABLE FEDERAL TERM LIMITS; SUBMITTING TO THE QUALIFIED ELECTORS OF MONTANA AN AMENDMENT TO ARTICLE IV, SECTION 8, OF THE MONTANA CONSTITUTION TO REVISE TERM LIMITS CALCULATIONS FROM A RETROACTIVE TO A PROSPECTIVE COMPUTATION AND TO INCREASE TERM LIMITS FOR STATE LEGISLATORS; AND PROVIDING A DELAYED EFFECTIVE DATE AND APPLICABILITY DATES."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Article IV, section 8, of The Constitution of the State of Montana is amended to read:
"Section 8. Limitation on terms
of office.
(1) The
secretary of
state or
other
authorized
official
Except for
write-in
candidates,
a candidate
shall not
certify a
candidate's
file for
nomination
or election
to, or print
or cause to
be printed
on any
ballot the
name of a
candidate
for, one of
the
following
offices if,
at the end
of the
current
term of that
office for
which the
candidate
files, the
candidate
will have
served in
that office
or had he
not
resigned or
been
recalled
would have
served in
that office:
(a) 8 or
more than 8
years in any
16-year
period as
governor,
lieutenant
governor,
secretary of
state, state
auditor,
attorney
general, or
superintendent of
public
instruction;
(b) 8 or
more than
12 years in
any 16-year
24-year
period as a
state
representative; and
(c) 8 or
more than
12 years in
any 16-year
24-year
period as a
state
senator;.
(d) 6 or
more years
in any
12-year
period as a
member of
the U.S.
house of
representatives; and
(e) 12
or more
years in any
24-year
period as a
member of
the U.S.
senate.
(2) When
computing
time served
for
purposes of
subsection
(1), the
provisions
of
subsection
(1) do not
apply to
time served
in terms
that end
during or
prior to
January
1993.
(3)(2) Nothing
contained
herein shall
preclude an
otherwise
qualified
candidate
from being
certified as
nominated
or elected
by virtue of
write-in
votes cast
for said
candidate."
NEW SECTION. Section 2. Submission to electorate. This amendment 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 revising constitutional term limits for elected state officials and increasing term limits for state legislators.
[] AGAINST revising constitutional term limits for elected state officials and increasing term limits for state legislators.
NEW SECTION. Section 3. Effective date -- applicability. If approved by the electorate, this amendment is effective January 1, 2003, and applies to elections occurring during or after 2003, so that candidates who would have been prohibited from filing for an office in 2000 or 2002 if the amendment had not passed may not file for election to that office in 2002.
NEW SECTION. Section 4. Retroactive applicability. For purposes of calculating years of service for term limits, this amendment applies retroactively, within the meaning of 1-2-109, to years of service accrued before January 1, 2003, and those years of service must be included in a term limits computation.
- END -
Latest
Version of
SB 39
(SB0039.02)
Processed for
the Web on
January 18,
1999
(9:53AM)
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted. See the status of this bill for the bill's primary sponsor.
Status of this Bill
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