HELENA – State lawmakers have formally rejected Gov. Brian Schweitzer’s settlement offer in a lawsuit in which he alleges a major bill passed in 2009 was unconstitutional.
The Legislative Council unanimously turned down the governor’s offer on Monday. It would have required them to acknowledge a companion to a spending bill unconstitutionally dealt with more than one subject and affected the main bill. They would also have had to promise not to do it again.
The lawmakers will instead send a letter advising Schweitzer drop the lawsuit. They also will file a court motion to dismiss the case by Nov. 5.
Lawmakers say Schweitzer should have vetoed the bill back in 2009 if he believed it was unconstitutional. They argue it is now too late for him to object.