III.2. Continuity of government

The seat of government shall be in Helena, except during periods of emergency resulting from disasters or enemy attack. The legislature may enact laws to insure the continuity of government during a period of emergency without regard for other provisions of the constitution. They shall be effective only during the period of emergency that affects a particular office or governmental operation.

History

Sources

1884 Montana Constitution (proposed)

The Legislative Assembly shall have no power to change or locate the seat of government of the State, but shall, at its first session, after the adoption of this Constitution, provide by law for submitting the question of the permanent location of the seat of government to the qualified electors of the State, at the general election then next ensuing, and a majority of all the votes upon said question cast at said election shall be necessary to determine the location thereof. Said Legislative Assembly shall also provide that in case there shall be no choice of location at said election, the question of choice between the two places for which the highest number of votes shall be submitted in like manner to the qualified electors of the State, at the next general election. Provided, That until the seat of government shall have been permanently located, as herein provided, the temporary location thereof shall remain at the city of Helena.Proposed 1884 Mont. Const. Art. VIII, Sec. 2; available at https://archive.org/details/montanaconstitutmontrich/page/20

When the seat of government shall have been located, as herein provided, the location thereof shall not thereafter be changed, except by a vote of a majority of all the qualified electors of the State voting on that question at a general election at which the question of the location of the seat of government shall have been submitted by the Legislative Assembly. But no proposition for changing the location of the seat of government shall be submitted to the people oftener than once in four years.Proposed 1884 Mont. Const. Art. VIII, Sec. 3; available at https://archive.org/details/montanaconstitutmontrich/page/22

The Legislative Assembly shall make no appropriations or expenditures for capital buildings or grounds until the seat of government shall have been permanently located, as herein provided, and no such appropriation shall have been permanently located, as herein provided, and no such appropriation shall be made prior to the year 1900, unless such proposed appropriations shall have first been submitted at a general election to the qualified electors of the State, and their approval thereof given by a majority of all electors voting at such election.Proposed 1884 Mont. Const. Art. VIII, Sec. 4; available at https://archive.org/details/montanaconstitutmontrich/page/22

1889 Montana Constitution

At the general election in the year one thousand eight hundred and ninety-two, the question of permanent location of the seat of government is hereby provided to be submitted tot he qualified electors of the state, and the majority of all the votes upon said question shall determine the location thereof. In case there shall be no choice of location at said election, the question of choice between the two places for which the highest number of votes shall have been case shall be, and is hereby, submitted in like manner to the qualified electors at the next general election thereafter: Provided, That until the seat of government shall have been permanently located the temporary seat of government shall be and remain at the city of Helena.1889 Mont. Const. Art. X, Sec. 2; available at www.umt.edu/media/law/library/MontanaConstitution/Miscellaneous%20Documents/1889_const.pdf

When the seat of government shall have been located as herein provided the location thereof shall not thereafter be changed, except by a vote of two-thirds of all the qualified electors of the state voting on that question at a general election at which the question of the location of the seat of government shall have been submitted by the legislative assembly.1889 Mont. Const. Art. X, Sec. 3; available at www.umt.edu/media/law/library/MontanaConstitution/Miscellaneous%20Documents/1889_const.pdf

The legislative assembly shall make no appropriations or expenditures for capital buildings or grounds until the seat of government shall have been permanently located, as herein provided.1889 Mont. Const. Art. X, Sec. 4; available at www.umt.edu/media/law/library/MontanaConstitution/Miscellaneous%20Documents/1889_const.pdf

The legislative assembly in order to insure continuity of state and local governmental operations in a period of emergency resulting from a disaster caused by enemy attack may enact laws: (1) to provide for prompt and temporary succession to the powers and duties of elected and appointed public officers who are killed or incapacitated. (2) To adopt other measures that may be necessary to insure the continuity of governmental operations. Such laws shall be effective only during the emergency that affects a particular office or governmental operation, and such laws may deviate from other provisions of the Montana constitution, including but not limited to the following sections: (1) Section 3, Article X, seat of state government. (2) Section 2, Article XVI, seat of county governments. (3) Section 16, Article VII, succession to governor.Mont. Const. Art. V, Sec. 46; See Montana Constituitonal Convention Studies, Report Number 3, Pg. 17.

Drafting

Delegate Proposal

No. 36 (Delegate Don Belcher): "This proposal established the seat of government in Helena and served as the core proposal for the majority report on continuity of government."2 Montana Constitutional Convention 828, available at https://courts.mt.gov/portals/189/library/mt_cons_convention/vol2.pdf

Committee on General Government

Proposal: "Section 2. Continuity of Government. The seat of government shall be in Helena, except during periods of emergency resulting from disasters or enemy attack. The legislative assembly may enact laws to insure the continuity of governmental operations during a period of emergency. Such laws may deviate from other provisions of the Montana Constitution conflicting therewith but shall be effective only during the period of emergency that affects a particular office or governmental operation.

Comment: "This sections would revise the provisions in Article X, sections 2, 3, and 4 of the present Constitution relating to the seat of government and Article V, Section 46 relating to continuity of government. The proposed section is sufficient to allow the legislature to enact laws to provide for continuity of government under any situation that may arise.2 Montana Constitutional Convention 818-19, available at https://courts.mt.gov/portals/189/library/mt_cons_convention/vol2.pdf

Committee on Style, Drafting, Transition and Submission

Proposal: "The seat of government shall be in Helena, except during periods of emergency resulting from disasters or enemy attack. The legislature may enact laws to insure the continuity of government during a period of emergency without regard for other provisions of the Constitution. They shall be effective only during the period of emergency that affects a particular office or governmental operation.2 Montana Constitutional Convention 1022, available at https://courts.mt.gov/portals/189/library/mt_cons_convention/vol2.pdf

Comment: "Changes in language clarify and shorten without affecting substance."2 Montana Constitutional Convention 1025, available at https://courts.mt.gov/portals/189/library/mt_cons_convention/vol2.pdf

Debate and adoption

Delegate Schiltz reported on the changes made by the Committee on style, noting that some of the "usual style changes" had been made, such as the substitution of Legislature for Legislative Assembly. Delegate Schiltz also mentioned the use of the word "They" in the third sentence refers to the laws as used in Art. III, Sec. 2, and that the committee couldn't think of a better way to reference them and decided this was the best way. Art. III, Sec. 2 was adopted unanimously without discussion or debate. 7 Montana Constitution Verbatim Transcript 2820, available at https://courts.mt.gov/portals/189/library/mt_cons_convention/vol7.pdf

Ratification

The people of Montana ratified Art. III, Sec. 2 along with the new 1972 Constitution. The 1972 voter information pamphlet described this provision as "Revises 1889 constitution by removing provision which allowed seat of government to be moved by a vote of 2/3 of the people. No other change except in grammar."See The Proposed 1972 Constitution for the State of Montana Official Text with Explanation (Voter’s Information Pamphlet) 8, available at http://www.umt.edu/law/library/files/1972voterspamphlet

Interpretation

Commentary