Proclaim States' Rights
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Montana Bill #HR 3   View text of Bill | Go to Bill Online
Bill Name:House Resolution HR 3
Type:State Sovereignty
Requested Patriot Action: This bill (HR3) failed on a 50/50 vote. One more vote and it would have passed.
Find out if this bill is completely dead or if it can be heard again.

Call every Legislator who voted No. Read to them from Montana's Constitution.
Read More
Committees: Find out who voted against this bill!

Referred to Committee 04/08/2009 (House) Judiciary
Bill Passed Committee 11 yes / 7 no
Sponsors: Requester:
Jim Peterson (406)374-2277

Drafter:
Dave Bohyer


Primary Sponsor:
Michael More (406) 763-5513


Session Schedule: No Even Year Sessions

In Session Jan 2011 - Apr 2011

The Montana State Legislature convenes only on odd numbered years, and for 90 day periods.

In addition, state law allows for the legislature to be convened in special session by the governor or at the written request of a majority of the members.
Similar Bills in other states: 
Date Introduced: 4/8/2009
Enacted:N
Status:Defeated in House - Tie vote 50-50.
Passed House committee:
Passed Senate committee:
Passed Senate:
Passed House:
Link to Bill history: Go to Bill history
Bill History: Montana Legislature
2009 Session

Bill Draft Number: LC1170
Bill Type - Number: HR 3

Short Title: Generally articulating Montana's rights under the United States Constitution

Primary Sponsor: Michael More

Bill Actions - Current Bill Progress: Probably Dead

Bill Action Count: 29


Action - Most Recent First Date Votes Yes Votes No Committee
(H) Died in Process 04/28/2009

(H) 2nd Reading Pass Motion Failed 04/22/2009 50 50

(C) Printed - New Version Available 04/22/2009

(H) Committee Report--Bill Passed as Amended 04/22/2009 (H) Judiciary

(H) Committee Executive Action--Bill Passed as Amended 04/22/2009 10 8 (H) Judiciary

(H) Scheduled for 2nd Reading 04/22/2009

(H) Rereferred to Committee 04/21/2009 (H) Judiciary

(C) Printed - New Version Available 04/21/2009

(H) Committee Report--Bill Passed as Amended 04/21/2009 (H) Judiciary

(H) Committee Executive Action--Bill Passed as Amended 04/21/2009 11 7 (H) Judiciary

(H) Scheduled for 2nd Reading 04/21/2009

(H) Hearing 04/15/2009 (H) Judiciary

(C) Introduced Bill Text Available Electronically 04/08/2009

(H) First Reading 04/08/2009

(H) Referred to Committee 04/08/2009 (H) Judiciary

(H) Introduced 04/08/2009

(C) Draft Delivered to Requester 04/07/2009
(C) Draft Ready for Delivery 04/06/2009
(C) Draft in Assembly/Executive Director Review 04/06/2009
(C) Draft in Final Drafter Review 04/06/2009
(C) Bill Draft Text Available Electronically 04/06/2009
(C) Draft in Input/Proofing 04/06/2009
(C) Draft to Drafter - Edit Review [JLN] 04/06/2009
(C) Draft in Edit 04/06/2009
(C) Draft in Legal Review 04/06/2009
(C) Draft to Requester for Review 04/01/2009

(C) Draft Taken Off Hold 04/01/2009
(C) Draft On Hold 12/12/2008
(C) Draft Request Received 12/01/2008


Requester - Peterson, Jim
Drafter - Bohyer, Dave
Primary Sponsor - More, Michael













House votes: Work on the Legislators who voted No.

Montana House 2009 61st Legislative Session

VOTE TABULATION HR3

YEAS = 50 NAYS = 50

Y Ankney, Duane Y Lake, Bob
Y Arntzen, Elsie N MacDonald, M.
N Augare, Shannon Y MacLaren, Gary
N Barrett, Dick N Malek, Sue
Y Bean, Russell N McAlpin, Dave
Y Beck, Bill N McChesney, Bill
N Beck, Paul N McClafferty, Edith
N Becker, Arlene Y McGillvray, Tom
N Belcourt, Tony Y McNutt, Walter
Y Bennett, Gerald N Mehlhoff, Robert
N Bergren, Bob N Menahan, Mike
Y Berry, Tom Y Mendenhall, Scott
Y Blasdel, Mark Y Milburn, Mike
N Blewett, Anders Y Miller, Mike
N Boland, Carlie Y More, Michael
Y Boniek, Joel Y Morgan, Penny
N Boss Ribs, Frosty N Noonan, Art
Y Brown, Dee N Noonan, Pat
Y Butcher, Edward Y Nooney, Bill
N Caferro, Mary Y O'Hara, Jesse
N Campbell, M. N Pease, Carolyn
N Cohenour, Jill Y Peterson, Ken
N Dickenson, Sue N Phillips, Mike
N Driscoll, Robyn N Pomnichowski, JP
N Ebinger, Bob Y Randall, Lee
N Fleming, John Y Regier, Keith
N French, Julie Y Reichner, Scott
N Furey, Timothy N Reinhart, Michele
N Getz, Dennis Y Roberts, Don
Y Glaser, Bill N Roundstone, J.
N Grinde, Wanda Y Sales, Scott
N Hamilton, Robin N Sands, Diane
N Hands, Betsy N Sesso, Jon
Y Hawk, Ray Y Smith, Cary
Y Hendrick, Gordon Y Sonju, Jon
N Henry, Teresa Y Stahl, Wayne
Y Himmelberger, D. N Steenson, Cheryl
N Hiner, Cynthia Y Stoker, Ron
Y Hollandsworth, Roy Y Taylor, Janna
N Hollenbaugh, Galen N Van Dyk, Kendall
Y Hoven, Brian Y Vance, Gordon
Y Howard, David N Villa, Dan
N Hunter, Chuck Y Vincent, Chas
Y Ingraham, Pat Y Wagner, Bob
Y Jones, Llew Y Warburton, Wendy
N Jopek, Mike Y Washburn, Ted
Y Kasten, Dave Y Welborn, Jeffery
Y Kerns, Krayton N Wilmer, Franke
Y Klock, Harry N Wilson, Bill
N Kottel, Deborah N Wiseman, Brady

Senate votes:
Federal reply:
State constitution: Constitution of the State of Montana

ARTICLE II

DECLARATION OF RIGHTS

Section 1. Popular sovereignty. All political power is vested in and derived from the people. All government of right originates with the people, is founded upon their will only, and is instituted solely for the good of the whole.

Section 2. Self-government. The people have the exclusive right of governing themselves as a free, sovereign, and independent state. They may alter or abolish the constitution and form of government whenever they deem it necessary.

Section 3. Inalienable rights. All persons are born free and have certain inalienable rights. They include the right to a clean and healthful 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.

Section 4. Individual dignity. The dignity of the human being is inviolable. No person shall be denied the equal protection of the laws. Neither the state nor any person, firm, corporation, or institution shall discriminate against any person in the exercise of his civil or political rights on account of race, color, sex, culture, social origin or condition, or political or religious ideas.

Section 5. Freedom of religion. The state shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.

Section 6. Freedom of assembly. The people shall have the right peaceably to assemble, petition for redress or peaceably protest governmental action.

Section 7. Freedom of speech, expression, and press. No law shall be passed impairing the freedom of speech or expression. Every person shall be free to speak or publish whatever he will on any subject, being responsible for all abuse of that liberty. In all suits and prosecutions for libel or slander the truth thereof may be given in evidence; and the jury, under the direction of the court, shall determine the law and the facts.

Section 8. Right of participation. The public has the right to expect governmental agencies to afford such reasonable opportunity for citizen participation in the operation of the agencies prior to the final decision as may be provided by law.

Section 9. Right to know. No person shall be deprived of the right to examine documents or to observe the deliberations of all public bodies or agencies of state government and its subdivisions, except in cases in which the demand of individual privacy clearly exceeds the merits of public disclosure.

Section 10. Right of privacy. The right of individual privacy is essential to the well-being of a free society and shall not be infringed without the showing of a compelling state interest.

Section 11. Searches and seizures. The people shall be secure in their persons, papers, homes and effects from unreasonable searches and seizures. No warrant to search any place, or seize any person or thing shall issue without describing the place to be searched or the person or thing to be seized, or without probable cause, supported by oath or affirmation reduced to writing.

Section 12. Right to bear arms. The right of any person to keep or bear arms in defense of his own home, person, and property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but nothing herein contained shall be held to permit the carrying of concealed weapons.

Continued...

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