Montana

Montana amended its statutory code in 1981 to limit the growth of appropriations to personal income growth.

17-8-105.  Definitions applicable to expenditure limitation. As used in 17-8-106, the following definitions apply:

(1)  "Montana total personal income" means the current income from all sources received during a particular period of time by persons residing within Montana as determined by the United States department of commerce or its successor agency.

(2)  "State expenditures" means the general fund appropriations, the special revenue fund type appropriations, and the cash portion of the appropriations in the capital projects fund type, excluding:

(a)  money received from the federal government;

(b)  payments of principal and interest on bonded indebtedness;

(c)  money paid for unemployment or disability insurance benefits;

(d)  money received from the sale of goods or services provided that the purchase of the goods or services is discretionary;

(e)  money paid from permanent endowments, constitutional trusts, or pension funds;

(f)  proceeds of gifts or bequests made for purposes specified by the donor;

(g)  money appropriated for tax relief; and

(h)  funds transferred within state government or used to purchase goods for resale.

17-8-106.  Expenditure limitation -- exception. (1) Except as provided in subsection (2), the state expenditures for a biennium may not exceed the state expenditures for the preceding biennium plus the product of the state expenditures for the preceding biennium and the growth percentage. The growth percentage is the percentage difference between the average Montana total personal income for the 3 calendar years immediately preceding the next biennium and the average Montana total personal income for the 3 calendar years immediately preceding the current biennium.

(2)  The legislature may appropriate funds in excess of this limit from the reserve account if:
(a)  the governor declares that an emergency exists; and
(b)  two-thirds of the members of each house approve a bill stating the amount to be spent in excess of the expenditures limitation established in subsection (1), the source of the excess revenue to be spent, and an intention to exceed the limitation.
(3)  Expenditures may exceed the expenditures limitation only for the year or years for which an emergency has been declared.
(4)  The legislature is not required to appropriate the full amount allowed in any year under subsection (1).

History: En. Sec. 2, Ch. 514, L. 1981.

-- THE MONTANA CODE

Montana’s Constitution limits the state’s Governor to serving eight years in any sixteen-year period.

Montana’s Constitution limits the terms of members of the State House of Representatives to eight years in any sixteen-year period, and limits the terms of members of the State Senate to eight years in any sixteen-year period.

 ARTICLE IV

SUFFRAGE AND ELECTIONS

     Section 8. Limitation on terms of office. (1) The secretary of state or other authorized official shall not certify a candidate's nomination or election to, or print or cause to be printed on any ballot the name of a candidate for, one of the following offices if, at the end of the current term of that office, the candidate will have served in that office or had he not resigned or been recalled would have served in that office:
    (a) 8 or more years in any 16-year period as governor, lieutenant governor, secretary of state, state auditor, attorney general, or superintendent of public instruction;
    (b) 8 or more years in any 16-year period as a state representative;
    (c) 8 or more years in any 16-year period as a state senator;
    (d) 6 or more years in any 12-year period as a member of the U.S. house of representatives; and
    (e) 12 or more years in any 24-year period as a member of the U.S. senate.
    (2) When computing time served for purposes of subsection (1), the provisions of subsection (1) do not apply to time served in terms that end during or prior to January 1993.
    (3) Nothing contained herein shall preclude an otherwise qualified candidate from being certified as nominated or elected by virtue of write-in votes cast for said candidate.

    History: En. Sec. 1, Const. Initiative No. 64, approved Nov. 3, 1992.

-- THE CONSTITUTION OF THE STATE OF MONTANA

Created by: Jennifer L. Crull

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