Rating:

0.0 (0 votes)

HELENA- The Montana House of Representatives on Friday engaged in a heated discussion over a bill that would amend Montana's Constitution.

According to the State Constitution, Montanans have a right to a clean and healthful environment, and MT State Representative Dan Kennedy (R-Laurel) wants to amend this to include the words "economically productive."

The bill passed a second reading in a 68 to 32 vote.

Democrats voted against the bill, saying that Montanans don't want to revise their Constitution, and a revision like this opens up the door for broad interpretation and litigation.

Republicans counter that the "clean and healthful clause" has stifled development.

"It was put in there to stop coal mining and any advancement of economic development with our natural resources in the State of Montana, and that is what it's in there for," MT State Representative Duane Ankney (R-Colstrip) said.

Kennedy argued his bill is about creating jobs, but that claim was disputed by MT State Representative Margaret MacDonald (D-Billings).

"Any argument that this is a vote for jobs is a bucket full of holes. It will not hold water. Members, I would assert that a clean and healthful environment is an economically productive environment," MacDonald said.

Democrats argue that the clean and healthful clause has not prevented development, and that using words like "economically productive" only appear in socialist constitutions.

The bill is proposed as a referendum, which means it needs 100 votes spread between both the Montana House and the Montana Senate in order to pass.

Because this bill would amend the Montana Constitution, if it gets through both chambers of the Legislature, it still must go before the voters of Montana for final approval.

Click here to read the full text of the Montana Constitution.

Here is the full text of House Bill 292:

A BILL FOR AN ACT ENTITLED: "AN ACT SUBMITTING TO THE QUALIFIED ELECTORS OF MONTANA AN AMENDMENT TO ARTICLE II, SECTION 3, OF THE MONTANA CONSTITUTION RECOGNIZING THAT A PERSON'S INALIENABLE RIGHT TO A CLEAN AND HEALTHFUL ENVIRONMENT INCLUDES THE RIGHT TO A ECONOMICALLY PRODUCTIVE ENVIRONMENT; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

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

Section 1. Article II, section 3, of The Constitution of the State of Montana is amended to read:
"Section 3. Inalienable rights. All persons are born free and have certain inalienable rights. They include the right to a clean, and healthful, and economically productive environment and the rights of pursuing life's basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways. In enjoying these rights, all persons recognize corresponding responsibilities."

NEW SECTION. Section 2. Two-thirds vote required. Because [section 1] is a legislative proposal to amend the constitution, Article XIV, section 8, of the Montana constitution requires an affirmative roll call vote of two-thirds of all the members of the legislature, whether one or more bodies, for passage.

NEW SECTION. Section 3. Effective date. [This act] is effective upon approval of the electorate.

NEW SECTION. Section 4. Submission to electorate. [This act] shall be submitted to the qualified electors of Montana at the general election to be held in November 2012 by printing on the ballot the full title of [this act] and the following:
[] FOR recognizing that a person's inalienable right to a clean and healthful environment includes the right to an economically productive environment.
[] AGAINST recognizing that a person's inalienable right to a clean and healthful environment includes the right to an economically productive environment.
- END -