Governor sues Legislature over bill

Governor sues Legislature over bill

Staff and wire report

Gov. Brian Schweitzer said Monday that a companion bill to the 2009 Legislature's spending measure went against the state constitution, so he's suing the Legislature.

The governor said the measure contained multiple subject matters and prevented him from using his line-item veto power on many of the expenditures.

The Montana Constitution says only the general appropriations bill, usually called House Bill 2, may include multiple subjects. House Bill 676 made a number of changes in the law to go along with House Bill 2.

The measure became law last year without Schweitzer's signature.

Area legislators split on their vote on House Bill 676, depending on the house in which they serve.

House Speaker Bob Bergren, a Havre Democrat, voted in favor of the bill. So did Rep. Wendy Warburton, R-Havre, and Rep. Tony Belcourt, D-Box Elder.

The bill passed the House with bipartisan support, 75-25.

In the Senate, Sen. Ken "Kim" Hansen, D-Harlem, and Sen. Jonathan Windy Boy, D-Box Elder, voted against the bill. It passed the Senate with a 27-23 vote, again with a mix of Democrats and Republicans voting on both sides.

Warburton said this morning she had not yet heard of the lawsuit. She said she could not comment without reviewing the bill as passed and the lawsuit.

The other local legislators could not be reached for comment.

Schweitzer said he didn't veto the measure because doing so would have forced him to call the Legislature back into session to redo the overall spending plan. But now, he wants to make sure the Legislature knows such a maneuver is not acceptable as it prepares to convene in January.

"We think there can be very quick action by the district court and we hope that action can be taken before the Legislature comes to town so everyone knows what the rules of the road are going to be," Schweitzer said.

The Legislative Council met briefly Monday morning by telephone and decided to gather more information on the case before deciding how to deal with the lawsuit. The lawmakers said they may hire outside counsel.

Schweitzer said the single-subject rule in the Montana Constitution is important so that every bill stands on its own. He also said it makes it more difficult for the executive to strike down portions of the spending plan.

"The Legislature began to act a little like they act in Washington, D.C. When Congress is in session there are more shenanigans there than on St. Patrick's Day in Dublin," Schweitzer said. "We don't want the Montana Legislature to start acting like the Congress."

Gov. Brian Schweitzer said Monday that a companion bill to the 2009 Legislature's spending measure went against the state constitution, so he's suing the Legislature.

The governor said the measure contained multiple subject matters and prevented him from using his line-item veto power on many of the expenditures.

The Montana Constitution says only the general appropriations bill, usually called House Bill 2, may include multiple subjects. House Bill 676 made a number of changes in the law to go along with House Bill 2.

The measure became law last year without Schweitzer's signature.

Area legislators split on their vote on House Bill 676, depending on the house in which they serve.

House Speaker Bob Bergren, a Havre Democrat, voted in favor of the bill. So did Rep. Wendy Warburton, R-Havre, and Rep. Tony Belcourt, D-Box Elder.

The bill passed the House with bipartisan support, 75-25.

In the Senate, Sen. Ken "Kim" Hansen, D-Harlem, and Sen. Jonathan Windy Boy, D-Box Elder, voted against the bill. It passed the Senate with a 27-23 vote, again with a mix of Democrats and Republicans voting on both sides.

Warburton said this morning she had not yet heard of the lawsuit. She said she could not comment without reviewing the bill as passed and the lawsuit.

The other local legislators could not be reached for comment.

Schweitzer said he didn't veto the measure because doing so would have forced him to call the Legislature back into session to redo the overall spending plan. But now, he wants to make sure the Legislature knows such a maneuver is not acceptable as it prepares to convene in January.

"We think there can be very quick action by the district court and we hope that action can be taken before the Legislature comes to town so everyone knows what the rules of the road are going to be," Schweitzer said.

The Legislative Council met briefly Monday morning by telephone and decided to gather more information on the case before deciding how to deal with the lawsuit. The lawmakers said they may hire outside counsel.

Schweitzer said the single-subject rule in the Montana Constitution is important so that every bill stands on its own. He also said it makes it more difficult for the executive to strike down portions of the spending plan.

"The Legislature began to act a little like they act in Washington, D.C. When Congress is in session there are more shenanigans there than on St. Patrick's Day in Dublin," Schweitzer said. "We don't want the Montana Legislature to start acting like the Congress."