HOUSE BILL NO. 104
INTRODUCED BY HAGENER T
BY REQUEST OF THE SUPREME COURT
A BILL FOR AN ACT ENTITLED: "AN ACT EXTENDING OR, ON THE OCCURRENCE
OF A CONTINGENCY, ELIMINATING SUBMITTING TO THE ELECTORATE THE
ELIMINATION OF THE TERMINATION DATE FOR THE USER SURCHARGE IN
CRIMINAL, CIVIL, AND PROBATE PROCEEDINGS FOR STATE FUNDING OF COURT
INFORMATION TECHNOLOGY; AMENDING SECTION 4, CHAPTER 361, LAWS OF
1995; PROVIDING A CONTINGENT VOIDNESS PROVISION; AND PROVIDING AN
IMMEDIATE EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 4, Chapter 361, Laws of 1995, is amended to read:
"Section 4. Effective date -- termination date. (1) [This act] is effective July 1, 1995.
(2) [This act] terminates June 30, 1999 2001."
NEW SECTION. Section 2. Three-fourths vote required. Because [section 1]
extends an expiring tax without a vote of the electorate, as an emergency provision,
Article VIII, section 17, of the Montana constitution requires a vote of
three-fourths of the members of each house of the legislature for passage.
NEW SECTION. SECTION 2. SUBMISSION TO ELECTORATE OF EXTENSION OF COURT INFORMATION TECHNOLOGY SURCHARGE. THIS ACT SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF MONTANA AT THE TAX ELECTION TO BE HELD IN 1999 BY PRINTING ON THE BALLOT THE FULL TITLE OF THIS ACT AND THE FOLLOWING:
SHALL THE COURT INFORMATION TECHNOLOGY USER SURCHARGE TAX BE INCREASED ANNUALLY BY $5 IN THE FOLLOWING MANNER?
[] FOR CONTINUING THE USER SURCHARGE IN CRIMINAL, CIVIL, AND PROBATE PROCEEDINGS FOR STATE FUNDING OF COURT INFORMATION TECHNOLOGY.
[] AGAINST CONTINUING THE USER SURCHARGE IN CRIMINAL, CIVIL, AND PROBATE PROCEEDINGS FOR STATE FUNDING OF COURT INFORMATION TECHNOLOGY.
NEW SECTION. Section 3. Contingent voidness. If Constitutional Initiative No.
75, enacting Article VIII, section 17, of the Montana constitution, is declared invalid
or if that portion requiring submission of the extension of an expiring tax to the
electorate is declared invalid, then [section 2] is void on the date of the
determination of invalidity and [section 1] is amended to read:
"Section 1. Section 4, Chapter 361, Laws of 1995, is amended to read:
"Section 4. Effective date -- termination date. (1) [This act] is effective July 1,
1995.
(2) [This act] terminates June 30, 1999."".
NEW SECTION. Section 4. Effective date. [This act] THIS ACT is effective on
passage and approval.
- END -
Latest Version of HB 104 (HB0104.02)
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