2001 Montana Legislature

About Bill -- Links

HOUSE BILL NO. 364

INTRODUCED BY A. CURTISS



A BILL FOR AN ACT ENTITLED: "AN ACT CREATING A COUNCIL TO RESTORE, MAINTAIN, AND ADVANCE THE SOVEREIGNTY AND AUTHORITY OF THE STATE IN RELATION TO THE FEDERAL GOVERNMENT AND ISSUES THAT AFFECT THE STATE AND THE HEALTH, SAFETY, AND WELFARE OF ITS RESIDENTS; PROVIDING AN APPROPRIATION; AND PROVIDING EFFECTIVE DATES."



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



     NEW SECTION.  Section 1.  Constitutional defense council -- powers -- members -- staff. (1) There is a constitutional defense council consisting of the governor, the attorney general, the secretary of state, THE PRESIDING OFFICER OF THE PUBLIC SERVICE COMMISSION, A MEMBER OF THE NORTHWEST POWER PLANNING COUNCIL DESIGNATED BY THE GOVERNOR, a private citizen designated by the president of the senate, and a private citizen designated by the speaker of the house. The private citizen members shall serve at the pleasure of and during the term or terms of the designating legislator. THE MEMBER OF THE NORTHWEST POWER PLANNING COUNCIL SHALL SERVE AT THE PLEASURE OF THE GOVERNOR.

     (2)  The purpose of the council is to restore, maintain, and advance the sovereignty and authority of the state relating to issues that affect the state and the health, safety, and welfare of its residents. The council may examine and challenge the following and similar matters by court action, proposed legislation, or any other legal means:

     (a)  federal mandates contained in statutes and rules;

     (b)  federal court rulings; and

     (c)  actions taken by the federal government under court rulings, statutes, and administrative rules.; AND

     (D) ACTIONS TAKEN BY A PUBLIC UTILITY, AS DEFINED IN 69-3-101, THAT HAS UNDERTAKEN LITIGATION AGAINST THE STATE THAT UNDERMINES THE STATE'S DUTY TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF ITS CITIZENS WITH RESPECT TO RELIABLE AND AFFORDABLE SUPPLIES OF ELECTRICAL ENERGY.

     (3)  A meeting of the council may be called by any member. A decision of the council must be by majority vote. The council may call upon the staff and resources of any executive branch agency for assistance and may contract for private sector services.

     (4)  The council may accept, and deposit in a state special revenue fund for use by the council, gifts and grants of funds from any source.

     (5)  The private citizen members of the council must be compensated as provided in 2-15-122, except that the governor shall determine the salary to be paid each member, not to exceed $25 for each day in which the member is actually and necessarily engaged in the performance of council duties.

     (6)  The council is attached for administrative purposes only to the office of the governor.



     NEW SECTION.  Section 2.  Appropriation. There is appropriated $1 million from the general fund to the constitutional defense council for the fiscal biennium ending June 30, 2003.



     NEW SECTION.  Section 3.  Effective dates. [This act] is effective July 1, 2001, except that for purposes of appointment of THE MEMBER OF THE NORTHWEST POWER PLANNING COUNCIL AND the private citizen members of the constitutional defense council, [this act] is effective on passage and approval.

- END -




Latest Version of HB 364 (HB0364.02)
Processed for the Web on March 21, 2001 (3:26PM)

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 | 2001 Legislature | Leg. Branch Home
All versions of this bill (PDF Format)
Authorized print version w/line numbers (PDF format)

Prepared by Montana Legislative Services

(406)444-3064