Article XII, Montana Constitution

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Article XII of the Montana Constitution is entitled Departments and Institutions and consists of four sections.

Section 1

Text of Section 1: Agriculture (1) The legislature shall provide for a Department of Agriculture and enact laws and provide appropriations to protect, enhance, and develop all agriculture. (2) Special levies may be made on livestock and on agricultural commodities for disease control and indemnification, predator control, and livestock and commodity inspection, protection, research, and promotion. Revenue derived shall be used solely for the purposes of the levies.

Section 2

	Text of Section 2: Labor (1) The legislature shall provide for a Department of Labor and Industry, headed by a Commissioner appointed by the governor and confirmed by the senate. (2) A maximum period of 8 hours is a regular day's work in all industries and employment except agriculture and stock raising. The legislature may change this maximum period to promote the general welfare.

Section 3

Text of Section 3: Institutions and Assistance (1) The state shall establish and support institutions and facilities as the public good may require, including homes which may be necessary and desirable for the care of veterans. (2) Persons committed to any such institutions shall retain all rights except those necessarily suspended as a condition of commitment. Suspended rights are restored upon termination of the state's responsibility. (3) The legislature may provide such economic assistance and social and rehabilitative services for those who, by reason of age, infirmities, or misfortune are determined by the legislature to be in need. (4) The legislature may set eligibility criteria for programs and services, as well as for the duration and level of benefits and services.

Amendments

• Amended with the approval of Constitutional Amendment No. 18 on November 8, 1988.

Section 4

Text of Section 4: Montana Tobacco Settlement Trust Fund (1) The legislature shall dedicate not less than two-fifths of any tobacco settlement proceeds received on or after January 1, 2001, to a trust fund, nine-tenths of the interest and income of which may be appropriated. One-tenth of the interest and income derived from the trust fund on or after January 1, 2001, shall be deposited in the trust fund. The principal of the trust fund and one-tenth of the interest and income deposited in the trust fund shall remain forever inviolate unless appropriated by a vote of two-thirds of the members of each house of the legislature. (2) Appropriations of the interest, income, or principal from the trust fund shall be used only for tobacco disease prevention programs and state programs providing benefits, services, or coverage that are related to the health care needs of the people of Montana and may not be used for other purposes. (3) Appropriations of the interest, income, or principal from the trust fund shall not be used to replace state or federal money used to fund tobacco disease prevention programs and state programs that existed on December 31, 1999, providing benefits, services, or coverage of the health care needs of the people of Montana.

Amendments

• Amended with the approval of Montana Tobacco Settlement Trust Fund, Amendment C-35 (2000) on November 7, 2000.

See also

• State constitution
• Constitutional article
• Constitutional amendment
• Constitutional revision
• Constitutional convention
• Amendments
  • Initiated constitutional amendment
  • Legislatively-referred constitutional amendment
  • Publication requirements for proposed state constitutional amendments
  • Rules about constitutional conventions in state constitutions
  • State constitutional articles governing state legislatures

External links

Suggest a link

• Montana Judicial Branch, "Montana Constitution"
• Montana.gov, "Chapter 21: A People's Constitution (1972)"
• Montana State Legislature, "Highlights from Legislative History"
• Montana Historical Society, "The Blessings of Liberty: Montana's Constitutions"
• Montana Policy Institute, "Home"
• Beartooth NBC, "Big Sky Chronicles: Montana Constitution," (dead link)
• Montana PBS, "For This and Future Generations..."

Additional reading

• Elison, Larry and Fritz Snyder. (2011). The Montana State Constitution, New York, New York: Oxford University Press
• University of Montana's William J. Jameson Law Library, "Documentary History of the Ratification of the Montana Constitution"