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Governor's 2000 Special Session Call

April 18, 2000

To: Members of the Montana Senate
Members of the Montana House of Representatives
Members of the Montana Supreme Court c/o Clerk of the Court Ed Smith
Secretary of State Mike Cooney


Call to the 56th Legislature
for a Special Session

WHEREAS, Article V, section 6, of the Montana Constitution and section 5-3-101, MCA,provide that the Legislature may be convened in special session by the Governor; and

WHEREAS, Article VI, section 11, of the Montana Constitution provides that whenever theGovernor considers it in the public interest, the Governor may convene the Legislature; and

WHEREAS, due to the recent Montana Supreme Court decision in Montanans for the Coal Trustv. State of Montana, the license tax of House Bill 260 was invalidated as unconstitutional in partas a violation of Article IX, section 5; and

WHEREAS, an invalidation of House Bill 260 has made its provisions inoperative, therebymaking it virtually impossible to fund the programs established in the bill without legislativeaction; and

WHEREAS, it is in the public interest of all Montanans, that the programs funded by House Bill260 be considered at a special session of the Legislature;

NOW, THEREFORE I, Marc Racicot, Governor of the State of Montana, pursuant to theauthority vested in me by the Constitution and laws of the state of Montana do hereby call theFifty-Sixth Legislature into Special Session in Helena, at the Capital Complex at the hour of 9:00 a.m., the 8th of May, 2000, and hereby direct the Special Session of the Fifty-Sixth Legislature to consider action on the following:

  1. Legislation appropriating funds from the General Fund for the following programs whichwere established through the good-faith efforts of the Fifty-Sixth Montana Legislature in HouseBill 260:
    1. Treasure State Endowment Program funded with $3,500,000;
    2. Industrial Infrastructure Reimbursement funded with $600,000;
    3. Board of Research and Commercialization funded with $6,600,000;
    4. Cooperative Development Center funded with $65,000;
    5. Growth Through Agriculture funded with $2,500,000 total: Department of Agriculture's Marketing and Business Assistance and Grants and Loans fundedwith $1,250,000; and Department of Commerce's Business Recruitment, Canadian/ ForeignTrade, Small Business Innovation Research and Development Center, Certified Communitiesfunded with $1,250,000;
  2. Legislation for the purpose of clarifying the House Bill 555 bonding supportingaerospace, transportation and technology infrastructure projects.
  3. Confirmation of gubernatorial judicial appointees subject to the provisions of Montana Code Annotated section 3-1-1013(1).

Dated this __ day of April, 2000.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State ofMontana to be affixed. DONE at the City of Helena, the Capitol, this day of April, in the year ofour Lord, two thousand.


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7/16/2008 8:45:55 AM