HELENA – Gov. Brian Schweitzer said Monday that a companion bill to the 2009 Legislature’s big spending measure went against the state constitution by containing multiple subject matters and prevented him from using his line-item veto power on many of the expenditures.
The governor filed a lawsuit Friday asking a Helena district court to rule on the issue.
The Montana Constitution says only the general appropriations bill, usually called House Bill 2, may include multiple subjects. House Bill 676 made a number of changes in the law to go along with House Bill 2.
The measure became law last year without Schweitzer’s signature.
Schweitzer said he didn’t veto the measure because doing so would have forced him to call the Legislature back into session to redo the overall spending plan. But now, he wants to make sure the Legislature knows such a maneuver is not acceptable as it prepares to convene in January.
“We think there can be very quick action by the district court and we hope that action can be taken before the Legislature comes to town so everyone knows what the rules of the road are going to be,” Schweitzer said.
The Legislative Council met briefly Monday morning by telephone and decided to gather more information on the case before deciding how to deal with the lawsuit. The lawmakers said they may hire outside counsel.
Schweitzer said the single-subject rule in the Montana Constitution is important so that every bill stands on its own. He also said it makes it more difficult for the executive to strike down portions of the spending plan.
“The Legislature began to act a little like they act in Washington D.C. When Congress is in session there are more shenanigans there than on St. Patrick’s Day in Dublin,” Schweitzer said. “We don’t want the Montana Legislature to start acting like the Congress.”