Mrs. Marilyn Miller April 24, 1997

Chief Clerk

Montana House of Representatives

Capitol Station

Helena, Montana 59620

Dear Marilyn:

I hereby appoint the following members to the Reserved Water Rights Compact Commission:

John "Sam" Rose

Toni Hagener

Sincerely,

John A. Mercer

Speaker

BILLS (Hayne, Chairman): 4/24/97

The Honorable John Mercer April 24, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 111 sponsored by Representative Ahner on April 24, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 24, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 189 sponsored by Representative Barnett et al. on April 24, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 24, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 193 sponsored by Representative H. Hanson on April 24, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 24, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 222 sponsored by Representative Anderson et al. on April 24, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 24, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 266 sponsored by Representative Cocchiarella et al. on April 24, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 24, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 538 sponsored by Representative Keenan et al. on April 24, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 24,1997

Speaker of the House

State Capitol

Helena MT 59620

The Honorable Gary Aklestad

President of the Senate

State Capitol

Helena MT 59620

Dear Speaker Mercer and President Aklestad:

In accordance with the power vested in me as Governor by the Constitution and laws of the State of Montana, I hereby veto House Bill 284, "AN ACT ESTABLISHING IN THE STATE SPECIAL REVENUE FUND AN ENVIRONMENTAL REHABILITATION AND PREVENTION ACCOUNT; DEDICATING CERTAIN FINES AND PENALTIES TO THE ACCOUNT; DEDICATING CERTAIN UNCLAIMED OR EXCESS RECLAMATION BOND FUNDS TO THE ACCOUNT OR TO MINING AND RECLAMATION ACCOUNTS; PROVIDING THAT FUNDS BE APPROPRIATED TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY FOR CERTAIN PURPOSES; AMENDING SECTIONS 70-9-301, 75-2-412, 75-2-413, 75-2-427, 75-3-407, 75-5-634, 75-6-109, 75-6-114, 75-10-417, 75-10-418, 75-10-423, 75-10-434, 75-10-542, 82-4-141, 82-4-241, 82-4-311, 82-4-424, AND 82-4-426, MCA; AND PROVIDING AN APPLICABILITY DATE AND A TERMINATION DATE" for the following reasons.

House Bill 284 proposed the establishment of an Environmental and Rehabilitation Account to be used for reclamation of mine lands and remediation of hazardous waste sites for which the Department of Environmental Quality could not obtain funds from the responsible party. The policy behind House Bill 284 was a worthy one, and I applaud Representative Ohs for introducing the bill.

However, as the legislative session was winding down, in an effort to cover the costs of other ongoing projects, the funding for House Bill 284, amounting to $250,000 in each year of the biennium, was eliminated. Although I supported the concept behind House Bill 284, I must veto it because it establishes an account for which there are no funds.

Sincerely,

MARC RACICOT

Governor

BILLS (Hayne, Chairman): 4/25/97

The Honorable John Mercer April 25, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 4 sponsored by Representative Grady on April 25, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 28, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 89 sponsored by Representative Kottel on April 28, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 28, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 118 sponsored by Representative Grady on April 28, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 28, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 151 sponsored by Representative Marshall on April 28, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 28, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 184 sponsored by Representative Peck et al. on April 28, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 28, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 185 sponsored by Representative Bergsagel et al. on April 28, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 28, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 207 sponsored by Representative Grady on April 28, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 28, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 263 sponsored by Representative Dowell et al. on April 28, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 28, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 276 sponsored by Representative Kottel on April 28, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 28, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 308 sponsored by Representative Pavlovich et al. on April 28, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 28, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 352 sponsored by Representative Sliter et al. on April 28, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 28, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 406 sponsored by Representative Bankhead on April 28, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 28, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 444 sponsored by Representative Wells et al. on April 28, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 28, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 491 sponsored by Representative Rehbein et al. on April 28, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 28, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 519 sponsored by Representative Wyatt on April 28, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 28, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 576 sponsored by Representative Cobb et al. on April 28, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 28, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 121 sponsored by Representative Simpkins on April 28, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 28, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 140 sponsored by Representative Krenzler on April 28, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 29, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 13 sponsored by Representative Wiseman on April 29, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 29, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 17 sponsored by Representative Pavlovich on April 29, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 29, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 135 sponsored by Representative Smith on April 29, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 29, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 166 sponsored by Representative Zook et al. on April 29, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 29, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 183 sponsored by Representative Masolo et al. on April 29, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 29, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 323 sponsored by Representative Boharski et al. on April 29, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 29, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 344 sponsored by Representative Peck on April 29, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 29, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 435 sponsored by Representative Harper on April 29, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 29, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 523 sponsored by Representative McCulloch on April 29, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 29, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 568 sponsored by Representative Ohs et al. on April 29, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 29, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 572 sponsored by Representative Anderson et al. on April 29, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 6 sponsored by Representative Bergsagel on April 30, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 29 sponsored by Representative Bohlinger on April 30, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 31 sponsored by Representative Heavy Runner on April 30, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 47 sponsored by Representative Ellis on April 30, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 49 sponsored by Representative Ellis et al. on April 30, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 74 sponsored by Representative Masolo on April 30, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 75 sponsored by Representative Hagener et al. on April 30, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 120 sponsored by Representative Rose on April 30, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 134 sponsored by Representative J. Johnson et al. on April 30, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 139 sponsored by Representative Swanson on April 30, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 171 sponsored by Representative Raney on April 30, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 173 sponsored by Representative Squires on April 30, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 180 sponsored by Representative Bohlinger on April 30, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 188 sponsored by Representative Denny et al. on April 30, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 210 sponsored by Representative Hayne et al. on April 30, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 212 sponsored by Representative Raney et al. on April 30, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 264 sponsored by Representative Molnar et al. on April 30, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 285 sponsored by Representative Sliter et al. on April 30, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 346 sponsored by Representative Tropila et al. on April 30, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 360 sponsored by Representative Menahan et al. on April 30, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 361 sponsored by Representative Harper et al. on April 30, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 398 sponsored by Representative R. Johnson on April 30, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 401 sponsored by Representative Barnett et al. on April 30, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 430 sponsored by Representative Simon et al. on April 30, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 508 sponsored by Representative Devaney et al. on April 30, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 518 sponsored by Representative Ewer on April 30, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 551 sponsored by Representative Grinde on April 30, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 607 sponsored by Representative Grinde on April 30, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 616 sponsored by Representative Anderson on April 30, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 30, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Speaker Mercer:

In accordance with Article VI, Section 10, of the Montana Constitution, and pursuant to 5-4-306, M.C.A., it is incumbent upon me to poll the Legislature to determine their pleasure in the matter of House Bill 284 which was vetoed by the Governor on April 24, 1997.

Sincerely,

MIKE COONEY

Secretary of State

The daily journal for the eighty-seventh legislative day, was approved by the Chief Clerk and Speaker. 5/1/97

The Honorable John Mercer May 1, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 9 sponsored by Representative Bergsagel on May 1, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 1, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 14 sponsored by Representative R. Johnson on May 1, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 1, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 99 sponsored by Representative Trexler on May 1, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 1, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 102 sponsored by Representative Beaudry on May 1, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 1, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 122 sponsored by Representative McGee on May 1, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 1, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 123 sponsored by Representative Simpkins on May 1, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 1, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 136 sponsored by Representative Wiseman on May 1, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 1, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 137 sponsored by Representative Smith et al. on May 1, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 1, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 149 sponsored by Representative R. Johnson on May 1, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 1, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 164 sponsored by Representative Tuss on May 1, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 1, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 248 sponsored by Representative Harper on May 1, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 1, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 343 sponsored by Representative Grimes et al. on May 1, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 1, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 369 sponsored by Representative Brainard et al. on May 1, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 1, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 376 sponsored by Representative Tropila et al. on May 1, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 1, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 388 sponsored by Representative Simon et al. on May 1, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 1, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 389 sponsored by Representative Simon et al. on May 1, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 1, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 399 sponsored by Representative Tuss et al. on May 1, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 1, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 534 sponsored by Representative Wells et al. on May 1, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 1, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 554 sponsored by Representative Simpkins et al. on May 1, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 1, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 555 sponsored by Representative Simpkins et al. on May 1, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 1, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 598 sponsored by Representative Trexler et al. on May 1, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 1, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 610 sponsored by Representative Grady et al. on May 1, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 1, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 615 sponsored by Representative Cobb et al. on May 1, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 1, 1997

Speaker of the House

State Capitol

Helena MT 59620

The Honorable Gary Aklestad

President of the Senate

State Capitol

Helena MT 59620

Dear Speaker Mercer and President Aklestad:

In accordance with the power vested in me as Governor by the Constitution and laws of the State of Montana, I hereby line-item veto House Bill 5, "AN ACT APPROPRIATING MONEY FOR CAPITAL PROJECTS FOR THE BIENNIUM ENDING JUNE 30, 1999; APPROPRIATING A PORTION OF THE BALANCE IN THE CULTURAL TRUST FUND FOR THE ACQUISITION, RENOVATION, AND PRESERVATION OF HISTORIC PROPERTIES; REVISING THE ALLOCATION OF COAL SEVERANCE TAXES TO THE CULTURAL TRUST FUND; ALLOCATING COAL SEVERANCE TAX REVENUE FOR CULTURAL AND AESTHETIC PROJECTS AND TO PROVIDE DEBT SERVICE ON BONDS USED TO FINANCE THE PROJECTS; ESTABLISHING THE MONTANA HERITAGE PRESERVATION AND DEVELOPMENT COMMISSION; AUTHORIZING THE MONTANA HERITAGE PRESERVATION AND DEVELOPMENT COMMISSION TO ADMINISTER PROPERTIES AT VIRGINIA CITY AND NEVADA CITY AND OTHER CULTURALLY AND HISTORICALLY SIGNIFICANT PROPERTIES; CREATING A MONTANA HERITAGE PRESERVATION AND DEVELOPMENT ACCOUNT; ALLOCATING A PORTION OF THE LODGING FACILITY USE TAX TO THE ACCOUNT; STATUTORILY APPROPRIATING THE ACCOUNT; PROVIDING FOR OTHER MATTERS RELATING TO THE APPROPRIATIONS; AMENDING SECTIONS 15-35-108, 15-65-121, AND 17-7-502, MCA; AMENDING SECTION 6, CHAPTER 547, LAWS OF 1995; AND PROVIDING EFFECTIVE DATES AND A TERMINATION DATE" for the following reasons.

House Bill 5 appropriates money for capital projects for the next biennium. Section 20 of the bill provides for the transfer to the long-range building program account general fund reversions for FY97 in excess of $15.9 million and general fund reversions for FY98 in excess in excess of $5 million. Section 20 was originally submitted to the 55th Legislature in the form of House Bill 354, which was tabled in the Senate Finance and Claims Committee. It is this section of House Bill 5 that I am line-item vetoing.

The concept of diverting reversions to fund long-range building projects might have some merit but for two compelling reasons that militate against such action. The first concerns the general fund balance. The current projected $25 million fund balance is, in my opinion, adequate, but certainly not excessive. Unexpended reversions should be used to increase the balance rather than be diverted to the long-range building program account.

Secondly, any reversions diverted pursuant to House Bill 5 into the long-range building program in fiscal years 1997 and 1998 could not be expended during the 1999 biennium. As a result, the 1999 Legislature will determine the usage of unexpended reversions regardless of whether they reside in the ending fund balance or are transferred to the long-range building program.

Consequently, section 20 of House Bill 5 has no substantive operational effect and should be deleted from the bill.

Sincerely,

MARC RACICOT

Governor

BILLS (Hayne, Chairman): 5/2/97

The Honorable John Mercer May 2, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 53 sponsored by Representative Bohlinger on May 2, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 2, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 83 sponsored by Representative Bergsagel on May 2, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 2, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 100 sponsored by Representative Soft on May 2, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 2, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 101 sponsored by Representative Bergsagel on May 2, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 2, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 129 sponsored by Representative Soft on May 2, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 2, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 146 sponsored by Representative R. Johnson on May 2, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 2, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 163 sponsored by Representative J. Johnson et al. on May 2, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 2, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 168 sponsored by Representative R. Johnson on May 2, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 2, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 203 sponsored by Representative R. Johnson on May 2, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 2, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 298 sponsored by Representative R. Johnson et al. on May 2, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 2, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 331 sponsored by Representative Soft et al. on May 2, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 2, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 333 sponsored by Representative Soft et al. on May 2, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 2, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 339 sponsored by Representative Carey et al. on May 2, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 2, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 345 sponsored by Representative Masolo on May 2, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 2, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 371 sponsored by Representative Ahner on May 2, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 2, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 407 sponsored by Representative Ewer et al. on May 2, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 2, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 502 sponsored by Representative Soft et al. on May 2, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 2, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 547 sponsored by Representative Rehbein et al. on May 2, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 2, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 558 sponsored by Representative Smith et al. on May 2, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 2, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 559 sponsored by Representative Grimes et al. on May 2, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 2, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 561 sponsored by Representative Kasten et al. on May 2, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 5, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 10 sponsored by Representative Quilici on May 5, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 5, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 27 sponsored by Representative Simon on May 5, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 5, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 78 sponsored by Representative Simpkins on May 5, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 5, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 104 sponsored by Representative Hagener on May 5, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 5, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 117 sponsored by Representative Pavlovich on May 5, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 5, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 131 sponsored by Representative Simon on May 5, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 5, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 169 sponsored by Representative Zook et al. on May 5, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 5, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 287 sponsored by Representative Wiseman et al. on May 5, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 5, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 293 sponsored by Representative Orr on May 5, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 5, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 395 sponsored by Representative Grimes et al. on May 5, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 5, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 426 sponsored by Representative Kottel et al. on May 5, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 5, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 434 sponsored by Representative Hibbard et al. on May 5, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 5, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 483 sponsored by Representative Mood et al. on May 5, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 5, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 524 sponsored by Representative Anderson et al. on May 5, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 5, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 536 sponsored by Representative Bohlinger on May 5, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 5, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 546 sponsored by Representative Tash et al. on May 5, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 5, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 584 sponsored by Representative Knox et al. on May 5, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 5, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 591 sponsored by Representative Arnott on May 5, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 5, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 599 sponsored by Representative Bankhead et al. on May 5, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 5, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 601 sponsored by Representative Harrington et al. on May 5, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 5, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 604 sponsored by Representative Harper et al. on May 5, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 5, 1997

Speaker of the House

State Capitol

Helena MT 59620

The Honorable Gary Aklestad

President of the Senate

State Capitol

Helena MT 59620

Dear Speaker Mercer and President Aklestad:

In accordance with the power vested in me as Governor by the Constitution and laws of the State of Montana, I hereby veto House Bill 394, "AN ACT REGULATING LOBBYING BY STATE AGENCIES; REQUIRING NOTICE TO THE LEGISLATIVE FINANCE COMMITTEE WHEN A STATE AGENCY LOBBIES THE STATE LEGISLATURE; PROVIDING THAT DEPARTMENT DIRECTORS, STATE EMPLOYEES, AND APPOINTED PUBLIC OFFICIALS MAY NOT ENGAGE IN LOBBYING FOR HIRE WITHOUT A LICENSE ISSUED BY THE COMMISSIONER OF POLITICAL PRACTICES; PROVIDING FOR AN ADMINISTRATIVE PENALTY AND ADMINISTRATIVE ENFORCEMENT; REQUIRING ACTION AND REPORTS BY THE LEGISLATIVE AUDITOR; AND AMENDING SECTION 5-7-102, MCA," for the following reasons.

House Bill 394 will have the opposite result from that which the Legislature ostensibly intended. Interpreted literally, as we in the executive branch are bound to do, it will require without exception every state employee who works on "the development or design of a proposal or program intended to be implemented through legislation" to register as a lobbyist.

By the very nature of their responsibilities, an extraordinarily large number of state employees assist in "the development or design of a proposal or program intended to be implemented through legislation," as that phrase is used in House Bill 394's definition of "lobbying." They write and implement administrative rules, gather tax data, crunch numbers, run computer programs, offer constructive criticism on the laws they carry out, propose ideas, all in the search for improving government, through new laws or changes in existing laws, if necessary.

Are these employees "lobbyists?" No, not in the traditional sense that they become involved in the politics of enacting legislation. But House Bill 394 changes the existing lobbying law by requiring those state employees, as well as the 1300 citizens who serve on state boards and commissions, to register as lobbyists if they assist in "the development or design of a proposal or program intended to be implemented through legislation." Although that may not be what the Legislature intended as a result, regrettably that is what the bill does.

Current law requires that state employees who perform traditional lobbying functions, e.g., contacting legislators and policy makers and testifying at legislative hearings, register with and report their lobbying activities to the Commissioner of Political Practices. There are about 150 state employees who do so. They follow the same rules as do private lobbyists, paying the same registration fee and filing reports of lobbying activity at the same intervals, using the same definition of "lobbying." House Bill 394 adds yet another layer of requirements, for state executive branch employees only - new definitions, new reporting forms calling for different information, a new reporting schedule - at the same time requiring compliance with the existing registration and reporting rules.

In addition, the new requirements set forth in House Bill 394 are unduly confusing. One section requires that state employees include a copy of "the written approval" with their report to the Legislative Finance Committee, in spite of the fact that the written approval provisions are no longer in the bill. The confusing phrase, "lobbying for hire" is left in the title and definition section of the bill although its application is unexplained. The "detailed description" of lobbying activities that must be submitted regularly to the Legislative Finance Committee requires duplicate reporting by both the agency and the employees in that agency. On the one hand, the bill exempts written or oral testimony by state employees. Yet on the other hand, it applies to state employees using state time "to support or oppose state legislation." House Bill 394 will cause these confusing and inconsistent provisions to be placed in Montana law along with existing requirements that make sense.

The confusion that House Bill 394 causes is especially significant in light of the fact that one error could cost an employee or an agency up to $1,000, as provided by the penalty section of the bill, in addition to sanctions already found in existing lobbying statutes.

What purpose is served by House Bill 394's duplicative and conflicting set of requirements? Its supporters initially explained that it was intended to address a situation involving federal legislation and the bill's title reflected that. But federal lobbying was removed altogether from the bill during the legislative session. The bill was originally intended to allow state employees to continue their lobbying activities, but to require advance approval by the Governor. Yet House Bill 394 no longer requires advance approval by the Governor. The bill was then described as intending to prevent state employees from "killing" legislators' proposals. But House Bill 394 does not prevent state employees from lobbying. Rather, it expands the definition of "lobbying" so broadly as to result in the creation of many more state employee lobbyists than ever. As the target of the bill changed, the description of its intentions became more unclear and unnecessary.

House Bill 394 apparently was intended to set up a barrier to lobbying by executive branch agency employees. But the bill does not do that. It instead creates a confusing, duplicative and inconsistent process of notice, registration and filing requirements that consume valuable resources. In short, it does not advance a sound public policy. Accordingly, I hereby veto House Bill 394.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 5, 1997

Speaker of the House

State Capitol

Helena MT 59620

The Honorable Gary Aklestad

President of the Senate

State Capitol

Helena MT 59620

Dear Speaker Mercer and President Aklestad:

In accordance with the power vested in me as Governor by the Constitution and laws of the State of Montana, I hereby veto House Bill 517, "AN ACT REQUIRING A CORPORATION, A LABOR OR PROFESSIONAL ORGANIZATION, OR AN EMPLOYER WHO WITHHOLDS AND DIVERTS A PORTION OF THE WAGES OR SALARY OF AN EMPLOYEE OR MEMBER TO BE USED FOR POLITICAL PURPOSES TO OBTAIN PRIOR AUTHORIZATION FROM THE EMPLOYEE OR MEMBER; REQUIRING DELINEATION OF WAGES OR SALARY WITHHELD ON AN EMPLOYEE'S OR MEMBER'S REGULAR PAYCHECK; ESTABLISHING A PENALTY AND REQUIRING A REFUND TO AN EMPLOYEE OR MEMBER OF ILLEGALLY WITHHELD WAGES OR SALARY; AND AMENDING SECTION 13-37-128, MCA," for the following reasons.

House Bill 517, as originally introduced and discussed in public hearings, would have required an employer to inform an employee who voluntarily decided to contribute funds for political purposes of the right to earmark those funds prior to withholding them from the employee's pay. The concept of the introduced legislation appeared to be constructive and fair, and I indicated as much to the primary sponsor of the bill. However, House Bill 517 was amended several times throughout the legislative process, and at one point in the deliberations the earmarking provision was removed in favor of a provision to simply require prior authorization by the employee before withholding funds to be used for political purposes from the employee's pay.

A week before the 55th Legislature adjourned, House Bill 517 was totally re-written by a free conference committee of the House and Senate to require prior authorization by employees and pay-stub delineation by employers, to expand the scope of the bill to include funds used in connection with ballot issues (which was not included in the definition of "political purposes" in any previous version of House Bill 517), and to add employer penalties and refund requirements. The effect of these reversions was to suggest that the expenditure of portions of membership dues required prior authorization by employees, a practice which was not contemplated during the public debate of the bill and has never been required of membership associations. The employer penalty section may result in a civil penalty in the amount of up to $500 or three times the amount involved in the violation, whichever is greater. In addition, employers are required to refund the amounts involved in the violations.

The final version of House Bill 517 is difficult to understand. Its meaning is especially questionable in light of a pending lawsuit that challenges the prohibition on the use of certain corporate funds on ballot issues, and the recent passage of House Bill 575, which expands that prohibition to include other types of organizations. If the court challenge is unsuccessful, the prohibitions of House Bill 517 will be redundant. If it is successful, the effect of House Bill 517 could be read to prevent labor unions and professional organizations from using their revenue (membership dues) on ballot issues while allowing corporations to use their revenue (profits) to do so.

Because the effect of this measure is so confusing and unclear, because it imposes new and unfunded burdens on employers, because it unfairly makes employers pay triple penalties if they err in the information the bill requires them to add to pay-stubs, and because (depending on the outcome of the litigation previously mentioned) it creates the possibility for unequal treatment among corporations and other entities typically involved in ballot issue campaigns, I hereby veto House Bill 517.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 5, 1997

Speaker of the House

State Capitol

Helena MT 59620

The Honorable Gary Aklestad

President of the Senate

State Capitol

Helena MT 59620

Dear Speaker Mercer and President Aklestad:

In accordance with the power vested in me as Governor by the Constitution and laws of the State of Montana, I hereby veto House Bill 531, "AN ACT CLARIFYING COUNTY MOTOR VEHICLE RECYCLING AND DISPOSAL PROGRAM RESPONSIBILITIES; SPECIFYING THAT JUNK VEHICLE FLUID REMOVAL MUST BE FUNDED BY JUNK VEHICLE REVENUE; INCREASING THE ANNUAL PAYMENT TO COUNTIES FOR JUNK VEHICLE PROGRAMS; ALLOWING THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO INCREASE THE ANNUAL COUNTY PAYMENT; AMENDING SECTIONS 75-10-521, 75-10-532, AND 75-10-534, MCA; AND PROVIDING AN EFFECTIVE DATE AND A TERMINATION DATE," for the following reasons.

House Bill 531, as passed, requires the Department of Environmental Quality to pay 25 cents per motor vehicle under 8,001 pounds licensed in a county or $1,250, whichever is greater, to each county that has or will have in place by July 1, 1999, an approved junk vehicle fluid removal program.

The source of funding for these payments was to be wrecking facility license fees, motor vehicle disposal fees, proceeds from the sale of junk vehicles, and proceeds from recycling of junk vehicle components. These same funds are already dedicated to county budgets for junk vehicle collection and graveyards. Although there is sufficient money in this account to fund both the base junk vehicle programs and fluid removal programs, the amount actually appropriated for the coming biennium in House Bill 2 is adequate to fund only the current level base junk vehicle programs and not this additional fluid removal effort. Although House Bill 531 as introduced would have given the Department discretion not to fund fluid removal if state funding for the base programs would thereby be made inadequate, the bill as passed requires funding of fluid removal whether or not there is also adequate spending authority for the base junk vehicle programs.

Therefore, because no additional or companion appropriation was made to fund House Bill 531 programs, I am vetoing it. The difficult task of carefully and thoughtfully funding essential government services cannot be accomplished by requiring government to take on additional unfunded responsibilities.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 7, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 252 sponsored by Representative Molnar et al. on May 7, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 7, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 578 sponsored by Representative Lawson on May 7, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 9, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 2 sponsored by Representative Zook on May 9, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 9, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Speaker Mercer:

In accordance with Article VI, Section 10, of the Montana Constitution, and pursuant to 5-4-306, M.C.A., it is incumbent upon me to poll the Legislature to determine their pleasure in the matter of House Bill 394 and House Bill 531 which were vetoed by the Governor on May 5, 1997.

Sincerely,

MIKE COONEY

Secretary of State

The Honorable John Mercer May 21, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

To all to whom these Presents shall come, Greeting:

Know Ye That I, Marc Racicot, Governor of the State of Montanan, by virtue of the power vested in me by the Constitution and in pursuance of the Laws, hereby appoint and commission WILLIAM G. "BILL" THOMAS as Representative of Legislative District 93 in and for the State of Montana with power and authority to execute and discharge all and singular, the duties appertaining to the office and to enjoy all the privileges and immunities thereof for the term ending January 1, 1999.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer May 21, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Speaker Mercer:

This is to inform you that the Appointing Board, comprised of the county commissioners of Cascade County, Fergus County, Judith Basin County, and Petroleum County, met and appointed William G. "Bill" Thomas of Hobson, Montana, to fill the vacancy in House District 93 created by the death of Representative Dick Knox.

Sincerely,

MIKE COONEY

Secretary of State

STATE OF MONTANA

County of Judith Basin

I, William G. "Bill" Thomas, do solemnly swear (or affirm) that I will support, protect and defend the constitution of the United States, and the constitution of the state of Montana, and that I will discharge the duties of my office (State Representative, House District 93) with fidelity (so help me God).

In addition, in accordance with 2-15-114, Montana Code Annotated, I certify that my signature below is my true and correct manual signature, and is in the exact form in which it will appear in facsimile upon any document which I may be required or permitted by law to sign.

William G. Thomas

Sworn to and subscribed this 23 day of May, A.D. 1997.

The Honorable John Mercer June 19, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Speaker Mercer:

In accordance with Article VI, Section 10, of the Montana Constitution, and pursuant to 5-4-306, M.C.A., it was incumbent upon me to poll the Legislature to determine their pleasure in the matters of House Bills 284, 394, and 531. Said polls have been taken and tallied, and below are the results.

YEAS - 74

NAYS - 74

Governor's veto upheld.

YEAS - 83

NAYS - 67

Governor's veto upheld.

YEAS - 72

NAYS - 78

Governor's veto upheld.

Sincerely,

MIKE COONEY

Secretary of State