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Full text of "Voter information for proposed constitutional amendments, referendums, initiatives ..."

324.786 
S2v 5 

"'° ,^ VOTER 

NOV, 4. n^<£> 



INFORMATION 



^^^^^ ^^^''^^s «,,,,„„„ 



FOR OCT 3 ,980 

PROPOSED Cl^^i 
CONSTITUTIONAL 
AMENDMENTS 



REFERENDUMS 




INITIATIVES 



General Election 
November 4, 1980 



Prepared by FRANK MURRAY, Secretary of State, 

pursuant to Section 1 3-27-401 , 

Montana Code Annotated 

Livingston Enterprise, Livingston, Mont. 



Montana State Ubrary 



Montana sateuua,. 



0864 1004 3871 5 



TABLE OF CONTENTS 

CONSTITUTIONAL AMENDMENTS, REFERENDUMS AND INITIATIVES 
General Election Ballot, November 4, 1980 

Pages 



CONSTITUTIONAL AMENDMENT NO. 9 - Allowing Exceptions 

to Confidentiality of Documents of Judicial Standards Commission 1 — 3 

INITIATIVE NO. 84 — Disposal of Radioactive Waste in Montana 4-7 

INITIATIVE NO. 85 - Lobbyist Disclosure 7-16 

INITATIVE NO. 86 - Tax Indexing 17-23 

INITIATIVE NO. 87 — Montana Litter Control and Recycling Act 23 — 31 



Additional copies of the voter information pamphlet may be obtained upon request from your county 
election administrator (clerk and recorder) ; and/or the secretary of state. 



Page One 

CONSTITUTIONAL AMENDMENT NO. 9 

The following Is a copy of the title and text of the proposed Constitutional Amendment as It 
appears In the official files of the Secretary of State : 

AN ACT TO SUBMIT TO THE QUALIFIED ELECTORS OF MONTANA AN AMEND- 
MENT TO ARTICLE VII, SECTION 11. OF THE MONTANA CONSTITUTION TO ALLOW 
STATUTORY EXCEPTIONS TO THE CONFIDENTIALITY OF THE DOCUMENTS OF 
THE JUDICIAL STANDARDS COMMISSION. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: 

Section 1. Article Vn, section 11 of the Montana constitution is amended to read: 
"Section 11. Removal and discipline. (1) The legislature shall create a judicial standards 
commission consisting of five persons and provide for the appointment thereto of two 
district Judges, one attorney, and two citizens who are neither judges nor attorneys. 

(2) The commission shall investigate complaints and make rules implementing this 
section. It may subpoena witnesses and documents. 

(3) Upon recommendation of the commission, the supreme court may: 

(a) Retire any justice or j\idge for disability that seriously interferes with the per- 
formance of his duties and is or may become permanent; or 

(b) Censure, suspend, or remove any justice or judge for willful misconduct In office, 
willful and persistent failure to perform his duties, or habitual Intemperance. 

(4) The proceedings of the commission are confidential except as provided by statute. " 
Section 2. Effective date. If approved by the electorate, this amendment is effective 

January 1, 1981. 

Section 3. Submission to electors. This amendment shall be submitted to the electors of 
the state of Montana at the general election to be held tai November, 1980, by printing on the 
l>allot the full title of this act and the following: 



D 
D 



FOR allowing statutory exceptions to the confidentiality of the documents of the 
Judicial standards commission. 

AGAINST allowing statutory exceptions to the confidentiality of the documents of 
the judicial standards commission. 



ARGUMENT ADVOCATING APPROVAL OF THE ISSUE 

"nie Judicial Standards Commission Investigates charges of misconduct by Judges. The 
Commission may hold hearings and recommend to the Montana Supreme Court that a judge 
be censored, suspended, removed or retired. Montana's Constitution now states that all 
proceedings of the Judicial Standards Commission are confidential. Constitutional 
Amendment 9 would allow the Legislature to open the proceedings of the Commission to 
public scrutiny. This change in Montana's Constitution is consistent with the public's right 
to know about the actions of public bodies. 

At present, the Commission only reveals the number of ccnnplalnts filed with it each year. 
No other Information is available to evaluate the Commission's performance. Neither the 
public nor the Legislature know the general nature of the complaints handled by the 
Commission, how long complaints have been pending or the Commission's final decision on 
each complaint. This lack of information makes it impossible for the public or the 
Legislature to monitor the performance of the Commission and engenders distrust of the 
judicial disciplinary process. 

Constitutional Amendment 9 Is also necessary to give the Judicial Standards Com- 
mission the authority to release information to the public. The present Constitutional 
language totally prohibits the Commission from releasing any information to the public or 
the Legislature. The Commission should have the flexibility to release certain information. 
That Is the only way the Commission can instill public ccmfidence in the judicial dlsclplinauy 
process. 

Constitutional Amendment 9 will not result In all proceedings of the Judicial Standards 
Commission being opened to the public. Judges, like other persons, must be protected 



Page Two 

against unfounded and unsubstantiated charges. Constitutional Amendment 9 will enable 
the Montana Legislature to strike a balance between the privacy of Judges who have been 
wrongly accused and the right of Montana's citizens to know about the operations of their 
government. 

The Judicial branch of government has long been the most secretive branch of govern- 
ment. Much of the secrecy surrounding the Judicial process Is Justified. However, when It 
comes to disciplining Judges, total secrecy cannot be tolerated. Judges exercise vast powers 
which affect the lives and property of Montana's citizens. A Judge who acts improperly must 
be disciplined or our system of Justice will crumble. Limited pubUc scrutiny of the 
disciplining of Judges is necessary to insure confidence in our legal system. 

Constitutional Amendment 9 should be passed. 

S/ Steve Brown, Chairman 
Daniel Kemmis 
Harold G. Stearns 



ARGUMENT ADVOCATING REJECTION OF THE ISSUE 

The Judicial Standards Commission Is established by Article VII, Sec. 11, of the Montana 
Constitution. The duties of the Commission are to Investigate complaints relative to 
disabilities or conduct of Judges. Recommendations are made to the Montana Supreme 
Cburt, who in turn make the decision to remove or censure a Judge. 

Under the Cbnstltutlon, the Commission may hold hearings, subpoena witnesses and 
documents, and keep Its proceedings confidential. This amendment would permit the 
Legislature to enact statutes making certain of the Commission proceedings public. 

In order to obtain a free flow of information for Its investigations of Judges, it is necessary 
for the Cbmmlsslon to keep certain of its proceedings confidential, including the names of 
informants and witnesses. This amendment could adversely affect deliberatlcms of the 
Commisston where sensitive matters are Involved. The Commission is only advisory, and 
there is nothing in the law that precludes the Supreme Court, when acting on recom- 
mendations made by the Commission, to make its own findings and decisions public. It is 
therefore apparent that the proposed amendment is unnecessary, and does little to benefit 
the public in its right to know. 

S/ Sen. Pat M. Goodover, Chairman 
Rep. Dan Yardley 
Rep. Jack K. Moore 



ARGUMENT REBUTTING THE ARGUMENT 
ADVOCATING APPROVAL OF THE ISSUE 

TTie Judicial Standards Commission must retain its constitutional right to keep its 
proceedings confidential. To be effective in its investigation of complaints relative to 
Judicial performance, disability, or conduct, the Commission must fuUy protect the Judge 
and the complainant(s) or \vitness(es). 

Publicizing any part of the proceedings could deny to the Commission the co-operation of 
the people best able to provide testimony during investigations resulting from complaints. 
The Montana Constitution now requires that the Commission keep secret all complaints by 
Informants or witnesses. This Is beneficial to the Commission in obtaining more freely from 
those testifying, the information and documents necessary for a complete, fair and im- 
partial investigation. 

Constitutional Amendment 9 could adversely affect the proceedings of the Judicial Stan- 
dards Conmilssion. It is basic human nature that persons speak more freely under the 
safeguards of confidentiality. To protect the rights and privacy of Judges, complainants. 
Informants or witnesses, we must retain the constitutional secrecy provided in existing law. 



Page Three 

Lawyers In particular, who can provide testimony affecting the performance of a judge, 
would hesitate to appear before the Commission if the Legislature could, through this 
amendment, decide to publicize the Commissions proceedings. 

•nie Judicial Standards Commission is an Investigative and advisory body which makes its 
recommendation to the Montana Supreme Court. The court makes its own findings and 
decisions. The performance of the Commission is monitored by the Supreme Court and the 
Qmstitutiwi now allocs the court to publicize the findings of the Commission, and any of its 
proceedings. 



Constitutional Amendment 9 should not be passed. 



SI Sen. Pat M. Goodover, Chairman 
Rep. Dan Yardley 
Rep. Jack K. Moore 



4 



ARGUMENT REBUTTING THE ARGUMENT 
ADVOCATING REJECTION OF THE ISSUE 

ITie need for Constitutional Amendment 9 arises out of the total lack of information now 
available to the public about the activities of the Judicial Standards Commission. No public 
body should be permitted to operate without some public scrutiny. Constitutional Amend- 
ment 9 will permit the Legislature to specify when the Commission's proceedings will be 
open to public review. 

The opponents argue that Constitutional Amendment 9 could Jeopardize the activities of 
the Judicial Standsu-ds Commission by requiring the release of sensitive information. The 
Legislature has passed numerous laws authorizing various professions to discipline their 
members. None of these laws require a professional licensing board to release sensitive 
Information that should remain confidential. Doctors, dentists, plumbers, and other 
professions are required to provide limited information to the pubUc and the Legislature. 
Constitutional Amendment 9 will enable the Legislature to require similar information 
about the Judicial Standards Commission to be disclosed. 



Constitutional Amendment 9 should be passed. 



S/ Steve Brown, Chairman 
Daniel Kemmis 
Harold G. Stearns 



The fbrm in which the issue will be printed on the Official Ballot at the General Election, 
November 4, 1980, is as follows: 

CONSTITUTIONAL AMENDMENT NO. 9 



AN AMENDMENT TO THE CONSTITUTION PROPOSED BY THE LEGISLATURE 



Attorney General's Explanatory Statement 

The constitution requires the Judicial standards commlssicm to keep its proceedings 
confidential. This proposed constitutional amendment would allow the legislature to pass 
laws to maJce the proceedings of the Judicial standards commlssicm public. The Judicial 
standards commission has the responsibility to investigate complaints about the conduct of 
all Judges within the State of Montana. This amendment has been proposed by the 
legislature. 



AN ACT TO SUBMIT TO THE QUALIFIED ELECTORS OF MONTANA AN AMEND- 
MENT TO ARTICLE VII, SECTION 11. OF THE MONTANA CONSTITUTION TO ALLOW 
STATUTORY EXCEPTIONS TO THE CONFIDENTIALITY OF THE DOCUMENTS OF 
THE JUDICIAL STANDARDS COMMISSION. 



D 
D 



FOR allowing statutory exceptions to the confidentialltv of the documents of the 
Judicial standards commission. 

AGAINST allowing statutory exceptions to the confidentiality of the documente of 
the Judicial standards commission. 



Page Four 



INiriATIVE NO. 84 



The foUowlng is a copy of the title and text of the proposed Initiative as it appears in the 
official files of the Secretary of State: 

THIS PROPOSED INITIATIVE WOULD FORBID THE DISPOSAL OF RADIOACTIVE 
WASTE MATERIAL WITHIN THE STATE OF MONTANA. THE PROPOSAL DOES NOT 
SPECIFICALLY PROHIBIT THE MINING OF MINERALS SUCH AS URANIUM, BUT 
DOES FORBID THE DISPOSAL OF RADIOACTIVE WASTE PRODUCED BY MILLING 
OR OTHER PROCESSING OF ORE. SOME RADIOACTIVE MATERIAL USED FOR 
MEDICAL. EDUCATIONAL. AND SCIENTIFIC PURPOSES MAY BE DEPOSITED IN 
MONTANA. CRIMINAL PENALTIES WOULD BE IMPOSED FOR VIOLATIONS OF 
THESE PROVISIONS. 

BE IT ENACTED BY THE PEOPLE OF THE STATE OF MONTANA : 

New Section 1. There is a new MCA section that reads as follows: 

■ Pollcv. It Lb the policy of the state of Montana, in furtheran ce of Its responsibility to 
prntAoi The pihlic. health and safety, under the poUce pow e rs of the state and for protection 
of the constitutional ri ght to a healthy environment, to prohibit the disposal o f certain 
radioactive material. " 

Section 2. Section 76-3-103(1). MCA is amended to read as follows: 

"(1) "Byproduct material" means a (1) any radioactive material (except special nuclear 
material) yielded in, or made radioactive by exposure to the radiation incident tOj^the 
process of producing or utilizing special nuclear materia l, and (2) the t ailings or wastes 
produced by the e xtraction or concentration of uranium or thorium from any ore processed 
primarily fbr I ts source material content ." 

Section 3. Section 75-3-302, MCA is amended to read as follows: 

"76-3-302. Disposal of large quantities of radioactive material prohibited— exceptions and 

exclusion. ^ _. , ^ j ♦ 

(1) No person may dispose of in Montana large quantity radioactive material, byproduct 
material, or special nuclear material within the state of Montana produced in other otatco . 
(21 Bvproduct material (except large quantity radioactive material) possessed, used, and 
transported for educational purposes, scientific research and development, medical 
research, diagnosis, and treatment, geophysical surveying, and simUar uses other purpo a co 
licensed by the United States nuclear regulatory commission shall be excepted from this 
part, prov ided that such material is being or has been lawfully disposed of within MOTitana 
upo n the effective da te of this Act during wo period ot poooooDlon, u o o, and tran o po riatieft 

p rior to dk tpesaA. ^ ^ ♦». 

(3) Nothing in this part precludes the construction of a nuclear facility approved under the 
requirements of the Major Facility Siting Ac t, or the mining of any raw ore, provided that 
such activity is not inconsistent with this part ." 

Section 4. Section 76-3-303, MCA is amended to read as follows: 

"75-3-303. Penalty. A person oonvlot e d of vl t datlng thi s part lo guilty of a miodcmcanor 
and-w ho knowingly or purposely disposes of large quantity radioactive material, byproduct 
materlairor special nuclear material within Montana shall be fined an amount not less- 
more than ^86fr -$5,000.or be Imprisoned for not more than two years, or bo th, for each of- 
fense. A person who negllgentiy disposes of large quantity radioactive material, byproduct 
mSlirlal. or special nuclear material within Montana shaU be flned notmore than $1,000 for 
each offense . In this part, each day of violation constitutes a separate offense." 

Section 6. Severability. If a part of this Act Is invaUd, aU vaUd parts that are severable 
from the InvaUd part remain in effect. If a part of this Act is invaUd in one or more of its 
applications, the part remains in effect in aU valid applications that are severable from the 
invalid application. 

Section 8. Codification. New section 1 is Intended to be codified as an Integral part of Title 
76, Chapter 3, Part 3, and the provisions contained in Titie 76, Chapter 3, Part 3 apply to new 
section 1. 

Section 7. Effective date. This Act shall become effective December 1, 1980. 



Page Five 

ARGUMENT ADVOCATING APPROVAL OF THE ISSUE 

Initiative 84 Is an amendment to existing law. We think this amendment Is necessary for 
the f oUowlng reasons. First, our present radioactive waste law discriminates against out-of- 
state producers and producers of "large quantity" wastes. Such discrimination makes our 
present law vulnerable to court challenge under constitutional provisions of equal protec- 
tion. Second, our present law does not cover the waste produced by uranium mills, called 
tailings. Federal law now Includes such tailings In the definition of radioactive "byproduct 
material". These tailings are a significant health hazard with no long-term solution in sight. 
Tlilrd, the uranium mills which produce tailings are not subject to regiilation or popular 
vote under the nuclear provisions of the Major Facility Siting Act (Initiative 80). 

The changes proposed by Initiative 84 appear as underlined (added) or lined through 
(removed) language in the first fOur sections of the Initiative. The rest of the wording in the 
first four sections is language in the existing law which remains unchanged. Section l is a 
new policy statement, and Its proper placement is Identified In Section 6. Section 2 is an 
adoption of the federal definition of "byproduct material" found in the U. S. Code at 42 USC 
2014(e). Section 3 comprises three sub-parts. Sub-part 1 expands the law's coverage to 
eliminate discrimination against out-of-state and "large quantity" producers. Sub-part 2 
provides exceptions for bona fide existing activity, such as disposal of medical Isotopes. 
Sub-part 8 makes clear that the constructicm of nuclear power plants and the mining of ore 
are not prohibited under this Initiative. Section 4 provides crimlneil penalties and the power 
to seek extradition, if necessary, for willful violation; misdemeanor penalties are provided 
for negligence. 

Nuclear Regulatory Commissioner Victor Glllnsky has called uranium mill tailings "the 
dominant contribution to radiation exposure from the nuclear fuel cycle". Since 86% of the 
original radioactivity remains in the tailings, we must isolate uranium mill tailings In as 
few locations and as far from human habitation as possible. Existing sites, such as in 
Wyoming, could be expanded, but the number of new sites should be strictly limited. 

The initiative prohibits disposal of tailings produced only by the primary processing of ore 
for uranium or thorium. Disposal of copper tailings, fbr example. Is not prohibited. In fact, 
disposal of copper tailings reprocessed for uranium, or of tailings from copper milling 
where uranium is recovered as a byproduct, are not prohibited. Therefore, secondary 
recovery of uranium from the mining and milling of other minerals is encouraged under the 
Initiative In order to reduce total residual radioactivity In places such as Butte. 

Although both strlpmlnlng and deepmlnlng of uranium would be allowed. In situ ex- 
traction, which Is actually a process of solution milling In the ground, would be prohibited, 
unless complete recovery of the dlsolved ore could be guaranteed. An Jn fiUu.uranium 
operation in Wyoming has caused significant groundwater pollution, and another in Texas 
has been shut down. The Initiative would prohibit this threat to groundwater. 

S/ Sally Jordan 
Steven J. Perlmutter 
Edward M. Dobson, Chairman 



ARGUMENT ADVOCATING REJECTION OF THE ISSUE 

Initiative 84 will prohibit the mining of uranium by making it economically Impractical. 

Under present Montana statutes, radioactive materials cannot be disposed of in the state. 
Therefore, Initiative 84 is unnecessary and is a direct attack on the mining Industry. 

Montana's initiative Is part of a national movement to stop the mining of uranium, "nie 
cumulative effect will be to reduce the source of cancer treatment and energy production 
and to subvert our national defense capabilities. 

It will seriously impair the property rights of individuals and the state of Montana to 
market their resources. This will deny the people of Montana the opportunity for economic 
growth. Increased tax base and Jobs. 



Page Six 

This Initiative would prohibit the disposal of Montana's present medical and research 
wastes now being shipped out of state. 

Montana has the most stringent environmental laws in the nation which protects the 
pubUc's health and safety. The mining and processing of uranium is already covered by 
these statutes and strict rules and regulatl<Mis. 

Initiative 84 is totaUy unnecessary and. in reality, is an outright ban on uranium mining. 

SI Duane Reber 
Thomas A. Dale 
Cindy Price 

Lloyd C. Lockrem, Chairman 
Thomas R. Conroy 



ARGUMENT REBUTTING THE ARGUMENT 
ADVOCATING APPROVAL OF THE ISSUE 

People who are willing to listen patiently to sense and nonsense and who then learn how to 
distinguish between them - these are the ones we need. Because not to know what to do is 
the greatest hazard of all. 

The prc^onents of this issue are appealing to the emotions of the electorate M,ith little 
regard to facts. The facts are: 

1. Tailings are an Integral part of most mining operations, including copper, zinc, lead, 
and uranium. All these tailings have low levels of radiation. 

2. The handling of low-level waste does not represent an unprecedented, long-lived 
hazard. 

3. Initiative 84 Is a ban on the mining of uranium. 

S/ Duane Reber 

Lloyd C. Lockrem, Chairman 
Thomas R. Conroy 
Cindy Price 



ARGUMENT REBUTTING THE ARGUMENT 
ADVOCATING REJECTION OF THE ISSUE 

1. Initiative 84 would not ban uranium mining any more than Montana's reclamation laws 
and 30 percent severance tax ban coal mining. 

2. Some radioactive materials are being disposed of in Montana, all of which can ccxitinue 
under Initiative 84. All higher level medical and research waste being disposed of out of 
state would thus continue, even without Initiative 84, since Montana has no federal nuclear 
waste repository. 

3. There appears to be no evidence that the cost of shaping Montana uranium ore to an 
out-of-state mill will have any effect on the cost or availability of cancer treatment, nuclear 
energy, or national defense. In fact, some Colorado uranium ore is being trucked 300 miles 
to New Mexico for milling, and some existing Colorado mill tailings are about to be shipped 
to Utah at taxpayer expense to reduce a health hazard. 

4. As to property rights and Jobs, natl(mal consumption rates indicate that Montana 
uranium will eventually be in demand whether or not the ore is milled out of state. 

6. Under Montana law uranium companies have the power to condemn private land 
(eminent domain). Uranium mills are not subject to popular vote or any other nuclear 
provision (Initiative 80) of the Major Facility Siting Act And Montana's radioactive waste 
disposal law is apparently discriminatory and unconstltutiwial. Initiative 84 could be 
amended by the Legislature or popular vote when safe disposal Is found acceptable by 
Mcmtanans. 



Page Seven 

6. Initiative 84 simply puts Montanans In the driver's seat on the problem of radioactive 
waste. 

S/ Sally Jordan 

Edward M. Dobson, Chairman 
Steven J. Perlmutter 



'Die form in which the Issue will be printed on the Official Ballot at the General Election, 
November 4, 1980, is as follows: 

INTTIATIVE NO. 84 



A LAW PROPOSED BY miTTATTVE PETITION 

TfflS PROPOSED INITIATIVE WOULD FORBID THE DISPOSAL OF RADIOACTIVE 
WASTE MATERIAL WITHIN THE STATE OF MONTANA. THE PROPOSAL DOES NOT 
SPECIFICALLY PROHIBIT THE MINING OF MINERALS SUCH AS URANIUM. BUT 
DOES FORBID THE DISPOSAL OF RADIOACTIVE WASTE PRODUCED BY MILLING 
OR OTHER PROCESSING OF ORE. SOME RADIOACTIVE MATERIAL USED FOR 
MEDICAL, EDUCATIONAL, AND SCIENTIFIC PURPOSES MAY BE DEPOSITED IN 
MONTANA. CRIMINAL PENALTIES WOULD BE IMPOSED FOR VIOLATIONS OF 
THESE PROVISIONS. 



D 
D 



FOR forbidding the disposal of most 
radioactive waste in Montana. 

AGAINST forbidding the disposal of most 
radioactive waste in Montana. 



INITIATrVE NO. 86 



The following Is a copy of the title and text of the proposed Initiative as It appears In the 
official files of the Secretary of State: 

THIS PROPOSED INITIATIVE REQUIRES PUBLIC DISCLOSURE OF MONEY 
SPENT TO INFLUENCE ACTION OF A PUBLIC OFFICIAL. ALL INDIVIDUALS OR 
BUSINESSES WHO EMPLOY LOBBYISTS AND SPEND MORE THAN $1000 A YEAR TO 
PROMOTE OR OPPOSE OFFICIAL ACTION OF A PUBLIC OFFICIAL MUST GIVE A 
COMPLETE ACCOUNTING OF ALL MONEY SPENT. THE PROPOSAL DOES NOT 
APPLY TO INDIVIDUAL CTHZENS LOBBYING ON THEIR OWN BEHALF. ELECTED 
OFFICIALS ARE REQUIRED TO PUBLICLY DISCLOSE THEIR BUSINESS IN- 
TERESTS. CRIMINAL AND CIVIL PENALTIES ARE PROVIDED FOR VIOLATIONS OF 
THE PROVISIONS OF THIS mFTIATIVE. 

BE TT ENACTED BY THE PEOPLE OF THE STATE OF MONTANA: 

Section 1. §6-7-101, MCA is amended to read: 

"5-7-101. Purposes of chapter. 

( 1 ) The purposes of this chapter are to promote a high standard of ethics in the practice of 
lobbying, to prevent unfair and unethical lobbying practices, -cknd-to provide for the licensing 
of lobbyists and the suspension of revocation of the license s, to require elected officials to 
make public their business interests, and to require disclosure of the amounts of money 
spent tor lobbying! 

(2) Nothing in this chapter subjects any Mem tana citizen lobbying on his/her own behalf to 
any reporting requirements nor deprives any such citizen of the constitutional right to 
communicate with public officials. ' " 



Page Eight 
Section 2. §6-7-102. MCA Is amended to read: 

"B-7-102. Definitions. The following words and phras e s ohall have the meaning s rc e peotlv e ly 
aacrlbcd to them definitions apply in this chapter : 

(1) "Individual" means a human being. 

(2) "Person" means an individual, corporatiwi, association, firm, partnership, state or 
local government or subdivision thereof, or other organization or group of persons. 

(3) "Public officiar' means any individual, elected or appointed, acting in his official 
capacity for the state or local government or any political subdivision thereof, but does not 
Include those acting in a Judicial or quasi-judicial capacity" 

(4Hi^ "Lobbying" metm s Includes : 

(a) the practice of promoting or opposing the introductiwi or enactment of legislation 
before the legislature or the members thereof by any person other than a member of the 
legislature or a public official acting in his official capacity ; and 

(b) the practice of promoting or opposing official action by any public official in the event 
the person engaged in such practice expends |1,000 per calendar year or more exclusive of 
personal travel and living expenses . 

(5) (a) -t*)-"Lobbyist" means any person who engages in the practice of lobbying for hire 
except In the mann er auth o riz e d by 5'7'304 . 

(b) "Lobbyist" does not Include 

(I) any individual Montana citizen acting solely on his/her own behalf, or 

(II) any Individual working for the same principal as a licensed lobbyist, such individual 
having no personal contact with any public official on behalf of his/her principaT 

(c) Nothing in this section shall bo conotrucd to d e prive deprives any citizen not lobbying 
foFhire of Ms-the constitutional right to communicate wltti membcro of the logl s laturo 
public officials . 

(6 ) ' ' Lobbying for hire^ lohall ino kitde- lncludes a ctivities of any officers, agents, attorneys, 
or employees of any principal who are paid, reimbursed, a regular salofy or retained bv 
such principal and whose duties include lobbying. When a person an individual is reim- 
bursed only for hla personal living and travel expenses, which together do not exceed $1,000 
per calendar year ,-he- that Individual shall not be considered to be lobbying for hire. 

(7 H*^ "Unprofessional conduct" means: 

(a) a violation of any of the provisions of this chapter; 

(b) Qoliciting employment from cmy principal i 

(bH«^ instigating the IntFoductlon of leglolatlon action by any public official for the 
purpose of obtaining employment In opposition thereto; 

^cVfeH-attempting to Influence the vote of logiolator o action of any public official on any 
measure pending or to be proposed by 

(I) the promise of support or opposition at any future electimi, by any mcano other than 
argument on the morito thereof, or 

(II) promise of financial support, 

(lil)- by-making public any unsubstantiated charges of improper conduct on the part of any 
other lobbyis t, any principal, or-of-any legislator, 

(Iv) any improper economic reprisal or other unlawful retaliation against any public 
official, or 



Page Nine 
(V) any means other than argument on the merits thereof; 

(d) attempting to Innuence a decision or vote by a hearing examiner or quasl-judlclal 
officer in any contested case proceeding under Part 6, C^c^){er 4, Title 2, MCA except aa 
provided therein; 

(e) attempting to knowingly deceive any public official with regard to the pertinent facts 
of an official matter or attempt to knowingly misrepresent pertinent facts of an official 
matter to any public official ; or 

j^.fe^ engaging in practices which reflect discredit on the practice of lobbying -or-the- 
leglBlature . 

(g)44^ "Principal" means an y person who makes payments in excess of tl.OOO per 
calendar year for any of the following ~~ 

(a) to engage a lobbyist, or any per s cm) oorpor a tlon or aes ooiation whloh engage a lob 
b ylot orothorpor e on in connecti o n with - any l e gtolation pending b e for e th e loglfllttturo or to 
b e propoood aff ec ting th e p ecunia ry I nte re st of such pe r s on, co r poration or a s soctotion; or 

(b) in the case of a person other than an individual, to solicit, directly, indirectly or by an 
advertising campaign, the lobbying efforts oi another person any boa r d, dep a r tm e nt. 
oo mmi sB lon i or ottior a g e noy of th e s tatot a ny oounty i or munio^al corporation which 
eng a g es a lobbyist or o th e r p e rs o n in o o nn e otton with a ny l e gisl a t i on ponding or to be 
propo s ed affecting the s tatutory power s , dutie s , or oppropriatlon of s uch a g e noy , o o un^ , o r 
municipal corporation . 

(9>t6t- "Docket" means the register and reports of l icensed lobbyists and principals 
maintained by the s ecretary of state commissicmer pursuant to 6-7-201. 

<0) "P e cuniary inte r est" includ e s without limitation any l e glsl a tton which oroato s , alter s , 
or r e p ea l s any s tatutory charge by way of tax, license fee , registration f ee or othorwloo; 
which creates, alter s , or repeals any s tatutory p r ivilege, power, restriction, or obligation of 
a ny princip a l ; or whloh or e at es , altorot or ropoalo the po w er s or dutie s of any court or 
g ov e rnm e nt a l a gency before which the principal doc s bu a ino s s. 

(10) "Payment" means distribution, transfer, loan, advance, deposit, gift, or other 
rendering made or to be made of money. iM-operty. or anything of value. 

(11) "Payment to influence official action" means any of the following types of payment; 

(a) direct or indirect payment to a lobbyist by a princ^al, as salary, fee, or compensation 
for expenses or for any other purpose; 

(b) payment in support of or assistance to a lobbyist or lobbying activittes. including, but 
not limited to. the direct payment of expenses incurred at the request or suggestion of thi 
lobbyist. 

(12) "Business" means any holding or Interest whose fair market value Is greater than 
$1,000, in any corporation, partnership, sole proprietorsh^, Art", enterprise, franchise, 
association, self-employed individual, holding company, joint sto^ company, receivershte^ 
trust or other entity or prq)erty held in antic^atlon of profit, but does not Include non-profit 
wganlzatlons. 

(18) "Oommissioner" means the comm i ssioner of campcdgn finances and practices, 
created by 18-87-102, renamed in | Section 19] the commissioner of political practices. T 

(14) "Elected offlcial" means a public official holding a state office filled by a statewide 
vote of all the electors of Montana or a state district office, including, but not limited to 
legislators, public service commissioners and district court Judges. The term "official- 
elect" shall also apply only to such offices. " 

Section 8, §6-7-108, MCA is amended to read: 

"5-7-103. Licenses -- fees - eUgiblllty. 

(1) Any adult of good moral character who Is a citizen of the United States and who is 
otherwise qualified under this chapter may be licensed as a lobbyist. The accrctary of s tate 
commissioner shall provide a license application form. The application form may be ob- 



Page Ten 

tained in the office of the oocrotary of s t a te commissioner and filed therein. Upon approval 
of the application by the Bccrctary of otatc and payment and receipt of the license fee of $10 
4e- by the ooGrctary of otato commissioner , a license shall be issued which entitles the 
licensee to practice lobbying on behalf of one or more enumerated principals. Each license 
shall expire on December 31 of each odd numbered even-numbered year or may be ter- 
minated at the request of the lobbyist . 

(2) No application may be disapproved without affording the applicant a hearing. The 
hearing shall be held and the decision entered within 10 days of the date of the filing of the 
Implication. 

(3) The fines and license fees collected by the s ecretary of -stete under this chapter shall 
be deposited by him In the state treasury." 

Section 4. §6-7-106, MCA Is amended to read: 

"6-7-106. Suspension of lobbying privileges. No lobbyist whose license has been suspended^i^ 
revoked and no person who has been convicted adjudged guilty of a violation of any 
provision of this chapter may engage In lobbying for hire until that person- he-has been 
reinstated to the practice of lobbying and duly licensed." 

Section 6. §6-7-201, MCA Is amended to read: 

"6-7-201. Docket - contents. The Bccrctory of otatc commissioner shall prepare and keep a 
docket In which o hall be entered make available to the public the Information required by 
this chapter, including but not limited to the name and business address of each lobbyist, the 
name and business address of hi s/her p rincipal, and the subject or subjects of legislati o n to 
which the employment relates or a statement that the employment relates to all matters In 
which the principal has an interest. The docket entry for each principal shall also Indicate 
the principal's required reports of payments to Influence official actlcm by a public official. " 

Section 6. §6-7-202. MCA is amended to read: 

"6-7-202. Docket -• public record. Such docket shall be a public record and open to the in- 
spection of any citlaen individual upon demand at any time during the regular business 
hours of the office of the commissioner oo orotory of otatc . ' ' 

Section 7. §6-7-207, MCA is amended to read: 

"6-7-207. Report to legislature. Beginning with the first -week- Tuesday following the 
beginning of any regular or special session of the legislature and on^very tlTe first Tuesday 
thereaft e r for the duration of s uch oc s aion of every month thereafter during which the 
legislature is in session, the pccrctary of stote commissioner shall from his/her records 
report to each member of each house of the legislature the names of lobbyists registered 
under this chapter, not previously reported, the names of the p e r s wi s p rincipals whom they 
represent as s uch lobbyist lobbyists and the gubjoct subjects of legislation in which thoy are 
each principal is Interested. ' ' 

Section 8. §6-7-301, MCA is amended to read: 

"5-7-301. Prohibition of practice without license and registration. 

(1) No poP B on Individual ^ may practice as a lobbyist unless-he- that Individual has been 
licensed under 6-7-108 and unlo oo hb to listed on the docket as employed In respect to all the 
-8tteh-matters-ae-h e^3he is promoting or opposing. 

(2) No principal may directly or Indlrectiy authorize or permit any lobbyist employed by 
that principal h im- to practice lobbying in r e op e ct to any legislation affecting the pocunkxry 
intoro s t of the principal until the lobbyist is duly licensed and the -twtme- names of the lob- 
by is t^ndthe^1nciB^^re4s-duly entered on the docket." 

Section 9. §6-7-302. MCA is amended to read: 

"6-7-302. Prohibited compensation. No person may be employed as a lobbyist for a com- 
pensation dependent in any manner upon the passage or defeat of any proposed or pending 
togislation official action by a public official or upon any other contingency connected with 
-^leeuch action of th e legtoletur e , of e ith er b r anch th e r eo f, o r o f any commi t tee thereof. 



Page Eleven 

NEW SECTION. Section 10. Ethical conduct. No lobbyist w principal shaD engage In, or 
directly or Indirectly authorize, any unprofessional conduct. 

NEW SECTION. Section 11. Principals to file accountings. 

(1) A principal subject to this cheater shall file with the commissioner an accounting of 
payments made to influence the official action of a public official. 

(2) If such payments are made soley to Influence legislative action, such accounting shall 
be made: 

(a) t>efore February 16th of any year the legislature Is In sesslcm and shall Include all 
payments made in that calendar year prior to February ist; 

(b) before the 16th day of the calendar month following any calendar month In which the 
principal spent $5,000 or more and shall Include all payments made during the prior 
calendar month; and 

(c) within 60 days following adjournment of such session and shall Include all payments 
made during such session, except as has previously been reported. 

(3) If such payments are made to Influence any other official action by a public official or 
made to influence such other action and legislative action, such accounting shall be made: 

(a) before February 16th of the calendar year following such payments and shall Include 
all payments made during the prior calendar year; and 

(b) before the 16th day of the calendar month fbllowlng any calendar month In which the 
principal spent $6,000 or more and shall Include all payments made during the prior 
calendar month. 

(4) If no such payments are made during the reporting periods provided In subsections 
(2)(a), (2)(c),and(3)(a) above, the principal shaU file a report stating such. 

(5) Each accounting filed under this section shall: 

(a) list all payments for lobbying In each of the following categories : 

(I) original and derivative research (for which the cost may be estimated If necessary) 
done to support a lobbying argument or presentation; 

(II ) publication and distribution of each publication, except that the cost of a newsletter or 
leaflet distributed to the membership of a principal need not be reported unless over one- 
half of that newsletter or leaflet is devoted to lobbying matters; 

(ill) other printing; 

(Iv) news media; 

(v) advertising, including production costs; 

(vi) postage; 

(vll) travel and personal living expenses; 

( vlli ) salaries and fees. Including allowances, rewards, and contingency fees; 

(Ix) entertainment, including all foods and refreshments; 

(X) telephone and telegraph; and 

(xl) other office expenses; 

(b) Itemize, identifjring the payee and the beneficiary, 

(I) each separate payment conferring $10 or more benefit to any public official and 

(II) each separate payment conferring $100 or more benefit to more than one public of- 
ficial, regardless of individual benefit, except that in regard to a dinner or other function to 
which all senators or all representatives have been Invited, the beneficiary may be listed as 
all members of that group without Ustlng separately each person who attended; 



Page Twelve 

(c) list each contribution and membership fee which amounts to $280 or more when 
aggregated over the period of one calendar year paid to the principal, regardless of whether 
it was paid solely for the purpose of lobbying, with the full address of each payer and the 
issue area, if any, for which such payment was earmarked; 

(d) list each political contribution, including anything of value, paid to any candidate for 
elective public office, to any committee established to support or oppose a candidate for 
elective public office, or to any committee to support or oppose any initiative, referendum, 
or other ballot Issue, whether such payment is made directly or Indirectly by the princ4>al 
or any lobbyist who received compensation or reimbursement for such payment from the 
principal. 

(e) list each official action which the principal or his agents exerted a major effort to 
support, oppose, or modify, together with a statement of the princ^al's position for or 
against such action; and 

(f ) be kept by the commissioner for a period of ten years. 

NEW SECTION. Section 12. Principals required to report - penalty for failure to report or 
for false statement. A principal may not make payments to Influence official action by any 
public official unless that principal files the reports required under this chapter. A principal 
who falls to file a required report is subject to the penalty provided In 6-7-306 as well as any 
civil action provided for in this chapter. A principal who knowingly files a false, erroneous, 
or incomplete statement commits the offense of unsworn falsification to authorities. 

NEW SECTION. Section 13. Reimbursement. Whenever a lobbyist Invites a public official to 
attend a function which the lobbyist or his/her principal have fully or partially funded or 
sponsored, or whenever a lobbyist offers a public official a gift, the lobbyist must, upon 
request, supply the recipient public official with the benefit's true or estimated cost and 
allow the public official to reimburse. Such expenditures must be itemized in the principal's 
reports with a notation "reimbursed by benefactee". 

NEW SECTION. Section 14. Governmental reporting. Budget preparation or response to 
requests of a house or committee of the legislature by any governmental entity shall not be 
considered lobbying payments for the purposes of this chapter. 

NEW SECTION. Section 16. Audit of final accounting statements. The commissioner shall 
examine and may audit the accountings filed under [Section 11] and shall investigate any 
Irregularities and report any {^parent violations of this chapter to the attorneys having 
authority to prosecute. The lobbyist is required to provide and the prlnc^al is required to 
obtain and keep for a period of seven years from the date of fUlng all records supporting the 
accountings filed under [Section 11] . All such records shall be open to inspection on request 
of the commissioner or an attorney having authority to prosecute vlolattons of this chapter. 
The commissioner and such attorneys are given the power to subpoena and compel at- 
tendance; issue enforceable civil investigative demands; take evidence; and require the 
production of amy books, correspondence, memoranda, bank account statements, or other 
records which are relevant or material for the purpose of conducting any Investigation 
pursuant to the provisions of this chapter. 

NEW SECTION. Section 16. Disclosure by elected officials. 

(1) Prior to December 15 of each even-numbered year, each elected official or official- 
elect shall file with the commissioner a business disclosure statement on a form provided by 
the commissioner. The statement shall provide the following Information: The name, ad- 
dress, and tjT)e of business of such individual and each member of such individual's im- 
mediate family. For this purpose "immediate family" includes the individual's spouse and 
minor children only. 

(2) No such individual may assume or continue to exercrlse the powers and duties of the 
office to which that individual has been elected or appointed until such statement has been 
filed. 

(3) The commissioner shall make such business disctosure statements available to any 
Individual upon request. 

NEW SECTION. Section 17. Commissioner to make rules ~ statement of Intent 



Page Thirteen 

(1) The commissioner shall promulgate and publish rules necessary to carry out the 
provisions of [this act] In conformance with the Montana Administrative Procedure Act 
and, in particular, shall provide rules necessary to allocate salary, e}q>enses, and any other 
payments between lobbying activities and other activities not connected with lobbying for 
any person whose activities are not solely limited to lobbying. 

(2) Such rules shall be designed to effect and promote the purposes of this act, express or 
implied. Such rules shall be as simple emd easily complied with as possible. 

NEW SECTION. Section 18. Civil penalties and enforcement. 

(1) Any person who violates any of the provisions of this chapter shall be subject to civil 
penalties of not less than $250 and not more than $7,500 according to the discretion of the 
district court, as court of original jurisdiction. A lobbyist who violates any of the provisions 
of this chapter shall have his/her license suspended or revoked according to the discretion of 
the court. Any pubUc official holding elective office adjudged in violation of the provisions of 
this act Is additionally subject to recall under Montana Recall Act, § 2-16-601, MCA et seq, 
and such violation shall constitute an additional basis for recall to those mentioned in § 2-16- 
603(3). MCA. 

(2) The attorney general, commissioner, or the county attorney of the county in which the 
violation takes place may bring criminal or civil actions in the name of the state for any 
expropriate criminal or civil remedy. 

(3) If a prosecution Is undertaken by the commissioner or any county attorney, all costs 
associated with the prosecution shall be paid by the state of Montana. 

(4) (a) Any Individual who has notified the commissioner, the attorney general and the 
expropriate county attorney In writing that there is reason to believe that some portion of 
this chapter is being violated may himself/ herself bring in the name of the state an action 

(hereinafter referred to as a citizen's action) authorized under this chapter If : 

(I) the attorney general and the appropriate county attorney have failed to conunence an 
action hereunder within 40 days after such notice, and 

(II) said attorneys then fall to commence an action within 10 days after a written notice 
delivered to them advising them that a citizen's action will be brought if they do not bring an 
action. 

(b) Each notification shall toll the statute of limitations aj^licable until the expiration of 
the waiting period. 

(c) If the individual who brings the citizen's action prevails, he/she shall be entitled to be 
reimbursed by the state of Montana for costs and attorney's fees Incurred: Provided that In 
the case of a citizen's action which is dismissed and which the court also finds was brought 
without reasonable cause, the court may order the individual commencing the action to pay 
all costs of trial and reasonable attorney's fees incurred by the defendant. 

(5) No civil action may be brought under this section more than seven years after the 
occurrence of the facts which give rise to the action. 

(6) All civil penalties imposed pursuant to this section shall be deposited In the state 
general fund. 

(7) A hearing under this chapter shall l>e held by the court unless the defendant-licensee 
demands a jury trial. The trial shall be held as soon as possible but at least 20 days after the 
filing of the charges and shaU take precedence over all other matters pending before the 
court. 

(8) If the court finds for the plaintiff, judgement shall be rendered revoking or suspending 
the license and the clerk of court shall file a certified copy of the Judgement with the com- 
missioner. 

NEW SECTION. Section 19. Recodification. The office of the commissioner of campaign 
finances and practices, created by 13-37-102, shall be known as the office of the com- 
missioner of political practices. 

NEW SECTION. Section 20. Repeader. Sections 6-7-104, 6-7-206, 6-7-206, 6-7-303, and 6-7-304, 
MCA are repealed. 



Page Fourteen 

NEW SECTION. Section 21. Severability. If a part of this act is invalid, aD valid parts that 
are severable from the invalid part remain in effect. If a part of this act is Invalid in one or 
more of its applications, the part remains in effect in all valid applications that are 
severable from the invalid applications. 

NEW SECTION. Section 22. Effective date. This act shall be effective upon passage and 
approval by the voters of the state of Montana. 



ARGUMENT ADVOCATING APPROVAL OF THE ISSUE 
The Lobbyist Disclosure Initiative will do three things: 

1) Lobbying groups - including government agencies - will have to make public where 
they get their money and how they spend it to influence public officials. 

2) Those elected to state offices must make public the names, addresses and types of 
businesses they own. 

3) Loopholes In the present code of ethics for lobbyists will be closed. 

No Montanan should have less clout with our elected officials than the lobbyists - but that 
Is the case. 

Many k>bbylsts are highly paid professionals. They are experts In their field; backed up 
by paid, trained staffs. They are extremely persuasive and highly effective in forwarding 
the interests of the party who pays them and who gives them the money to use. 

Lobbyists have become known as the "third house" of the Montana Legislature, and are 
sometimes regarded as the most powerful of the three. They have made themselves at home 
within our governmental system and hold considerable sway over the decision-making 
process. 

The decisions that lobbyists Influence directiy affect our day-to-day lives and how our tax 
dollars are spent. We have-every right as citizens and tax-payers to know how the public 
business - our business - Is being done, and to know how our officials reach decisions. 

Hired lobbyists provide useful Information to state officials. But they do this to get 
favorable decisions for their employers' Interests, without regard for the public interest. 

The individual citizen cannot match the power of the lobbyists in the legislature or the 
state bureaucracy. We can't afford the time nor the money that huge special interests are 
willing to pay to Influence decisions about our Ismd, water, and air, not to mention the 500 
million dollars per year in Montana's budget 

But " once we know what special Interests have Influenced an elected officials' decisions -- 
we will have a better view of whom the official truly represents. 

Once we know how much Is being spent to Influence a decision we will know how much It Is 
worth, and to whom. 

Once we know what an officials' business Interests are, we will know whether that official 
best represents our Interests or his/her own. 

Lobbyists are not elected. They are accountable only to their employers, and we can't 
even find out who their employers really are. But with Initiative 86 we can. Initiative 85 will 
allow us to hold our elected officials more accountable for their decisions; decisions that 
have been heavily Influence by lobbyists. 

S/ Kelly Jenkins, Chairman 
Mark Mackin 
Mark Nicholson 



Page Fifteen 

ARGUMENT ADVOCATING REJECTION OF THE ISSUE 

This initiative Is vague, badly worded, Inconsistent and mechanically unsound. 

It will also lead to the Invasion of privacy of many Individuals or groups - farmers, union 
members, merchants, ranchers, professicmal groups, newspapers, trade associations and 
many others. 

This measure is another regulatory scheme that sounds good on the surface but, on the 
contrary, requires a host of regulations and reports. It will inevitably lead to harassment of 
people and organizations all across Montana who are interested in good government, and 
who take the time and effort to make their views known. 

But the great majority of the money spent in lobbying is by representatives of govern- 
mental bureaus and agencies. 

This initiative does not require reporting or disclosure of such expenditures by govern- 
ment. Governmental employees could continue to lobby for their bureaus and agencies 
without reporting their expenditures as is required of private individuals and groups. 

If the public has a right to know how much money is spent by private individuals and 
groups to Influence legislation and public officials, it should also know how many tax dollars 
are so used by government bureaucracy. The proposed initiative will not require such 
disclosure. 

Another objectional feature of the Initiative is that it would allow anywie to substitute hla 
or her opinion for the judgment of the duly elected county attorney and prosecute an action 
at taxpayers' expense for alleged violations of the act 

People who love the law and who demand clarity and logic In the statutes will vote against 
Initiatiive #86. 

S/Pete Story, Chairman 
Ken Byerly 
Mons Telgen 
Robert Marks 



ARGUMENT REBUTTING THE ARGUMENT 
ADVOCATING APPROVAL OF THE ISSUE 

It is a crime in Montana for a person to offer, or a Legislator to accept, anything of value in 
return for his or her vote. This bill doesn't address that issue. It will require extensive 
reports from citizens. These reports will not contain evidence of illegal payments (which 
would never be reported anyway) but will require listing of such expenses as research, 
advertising, printing, postage, teleirfione and entertainment The figures will tell the public 
nothing of value. The bill adds another layer of useless and e}q>ensive paperwork. 

•nie bill provides that "lobbying" does not m ean elected or appointed officials of state or 
local government acting in their official capacity. TTius, contrary to proponents' statement 
the bill will not require that the huge sums spent for lobbying by these "special Interests" be 
revealed. 

The bill would remove control of lobbying from an elected official. It woiikl broaden the 
definition of lobbying thus vastly Increasing its regulatory scope. All lobbyists must now 
register with the Secretary of State and reveal the identity of the persons or organizations 
by whom they are employed. This is not a simple bill which will force people to be honest It 
Is another example of heavy handed governmental Interference Into the lives of private 
citizens which is allegedly justified by the "public interest". 

•nie public 's legitimate Interest In honesty and evenness in government Is not well-served by 
this Initiative. 

S/Pete Story, Chairman 
Robert Marks 
Joe Quilici 



Page Sixteen 



ARGUMENT REBUTTING THE ARGUMENT 
ADVOCATING REJECTION OF THE ISSUE 

Unlike current law. Initiative 86 will treat governmental agencies that hire lobbyists like 
any other lobbying group. Despite what opponents say, agencies that lobby will not only 
have to report how many of our tax dollars they spend to lobby, but also exactly how they 
spend It 

Initiative 86 guarantees the right of every Individual Montana citizen to personally ex- 
press his/her views to public officials and to personally spend whatever it takes without 
having to file a single report. Only lobbying groups that hire professional lobbyists and 
spend |l,000/year to lobby will have to report. 

Initiative 86 allows citizens to bring action against violators of the initiative when legal 
authorities refuse to act, but frivolous actions will not be tried at state expense. Only if a 
citizen's action results in a guilty verdict will the citizen's cost be reimbursed by the state. If 
the court dismisses a citizen's action, the citizen pays at least his own court costs, and can 
be ordered to pay the defendant's. 

Our opponents say Initiative 86 has good ideas, but it is poorly written and unworkable - 
exactly what opponents have said about the six lobbyist disclosure bills proposed in the 
legislature since 1975. Before the final version, hundreds of Montanans examined the 
initiative. Two months were spent writing their comments into the Initiative. Those who 
have actually read Initiative 86 believe it will be an efficient and effective law. It will en- 
courage legislators to listen when people talk, not when money talks. 

S/Mark Nicholson 
Mark Mac kin 
Kelly Jenkins, Chairman 



The form in which the issue will be printed an the Official Ballot at the General Election, 
November 4, 1980, is as follows: , 

INTTIATIVE NO. 86 



A LAW PROPOSED BY miTIATIVE PETITION 



THIS PROPOSED INI-HATIVE REQUIRES PUBLIC DISCLOSURE OF MONEY SPENT 
TO INFLUENCE ACTION OF A PUBLIC OFFICIAL. ALL INDIVIDUALS OR 
BUSINESSES WHO EMPLOY LOBBYISTS AND SPEND MORE THAN $1000 A YEAR TO 
PROMOTE OR OPPOSE OFFICIAL ACTION OF A PUBLIC OFFICIAL MUST GIVE A 
COMPLETE ACCOUNTING OF ALL MONEY SPENT. THE PROPOSAL DOES NOT 
APPLY TO INDIVIDUAL CI'HZENS LOBBYING ON THEIR OWN BEHALF. ELECTED 
OFFICIALS ARE REQUIRED TO PUBLICLY DISCLOSE THEIR BUSINESS IN- 
TERESTS. CRIMINAL AND CIVIL PENALISES ARE PROVIDED FOR VIOLATIONS OF 
THE PROVISIONS OF THIS INITIATIVE. 



D 

D 



FOR requiring disclosure of money spent to Influence public officials and requiring 
elected officials to disclose their business interests. 

AGAINST requiring disclosure of money spent to influence public officials and 
requiring elected officials to disclose their business interests. 



Page Seventeen 

INITIATIVE NO. 86 

The following is a copy of the title and text of the proposed Initiative as it appears in the 
official files of the Secretary of State: 

TfflS INITIATIVE PROPOSES TO CHANGE THE MONTANA INCX)ME TAX STRUC- 
TURE TO REQUIRE THAT TAX BRACKETS, EXEMPTIONS, STANDARD DEDUC- 
TIONS, AND MINIMUM FILING REQUIREMENTS BE ADJUSTED EACH YEAR TO 
PREVENT TAX INCREASES DUE SOLELY TO INFLATION. IF THIS INITIATIVE IS 
ENACTED IT WILL BE EFFECTIVE IN 1981. 

BE IT ENACTED BY THE PEOPLE OF THE STATE OF MONTANA : 

Section 1. Section 16-30-101, MCA, is amended to read: 

"16-30-101. Definitions. For the purpose of this chapter, unless otherwise required by the 
context, the following definitions apply: 

(1) "Base year structure" means the following elements of the income tax structure: 

(a) the tax brackets established in 16-80-103 in effect on January 1, 1980i ' 

(b) the exemptions contained In 16-80-112 in effect on January 1. 1980; 

(c) the maximum standard deduction provided in 16-30-122 In effect on January 1, 1980. 

(2 ) ' 'Consumer price index' ' means the consumer price index. United States city average, 
for all items, using the 1967 base of 100 as published by the bureau of labor statistics of the 
U.S. department of labor. 
444 ili 'Department" means the department of revenue. 

4*) (42 "Dividend" means any distribution made by a corporation out of its earnings or 
profits to its shareholders or members, whether in cash or in other property or in stock of 
the corporation other than stock dividends as herein defined. "Stock dividends" means new 
stock issued, for surplus or profits capitalized, to shareholders in proportion to their 
previous holdings. 

■W ^^"Fiduciary" means a guardian, trustee, executor, administrator, receiver, con- 
servator, or any person, whether individual or corporate, acting in any fiduciary capacity 
for any person, trust, or estate. 

444(6) "Foreign country" or "foreign government" means any jurisdiction other than the 
one embraced within the United States, its territories and possessions. 

-f&i (7) "Gross income" means the taxpayer's gross income for federal income tax pur- 
poses as"defined in section 61 of the Internal Revenue Code of 1954 or as that section may be 
labeled or amended, excluding unemployment compensation included in federal gross 
income under the provisions of section 85 of the Internal Revenue Code of 1954 as amended. 
(8) "Inflation factor" means a number determined for each taxable year by dividing the 
consumer price index for June of the taxable year by the consumer price index for June", 
1980. 

4*^^92 "Information agents" includes all Individuals, corporations, associations, and 
partnerships, in whatever capacity acting, including lessees or mortgagors of real or 
personal property, fiduciaries, employers, and all officers and employees of the state or of 
any municipal corporation or political subdivision of the state, having the control, receipt, 
custody, disposal, or payment of interest, rent, salaries, wages, premiums, annuities, 
compensations, remunerations, emoluments, or other fixed or determinable annual or 
periodical gains, profits, and income with respect to which any person or fiduciary is 
taxable under this chapter. 
-ffi- (10) "Knowingly^' is as defined in 45-2-101. 

4841111 "Net income" means the adjusted gross income of a taxpayer less the deductions 
is allowed by this chapter. 

f9^ (12) "Paid", for the purposes of the deductions and credits under this chapter, means 
paid or accrued or paid or incurred, and the terms "paid or incurred" and "paid or ac- 
crued" shall be construed according to the method of accounting upon the basis of which the 
taxable income is computed under this chapter. 
440> ilSj "Purposely" is as defined in 45-2-101. 

4i44 (14) "Received", for the purpose of computation of taxable income under this 
chapter, means received or accrued and the term "received or accrued" shall be construed 
according to the method of accounting upon the basis of which the taxable income is com- 
puted under this chapter. 

44*f (16) "Resident" applies only to natural persons and includes, for the purpose of 
determining liability to the tax imposed by this chapter with reference to the income of any 
taxable year, any person domiciled in the state of Montana and any other person who 
maintains a permanent place of abode within the state even though temporarily absent 
from the state and has not established a residence elsewhere. 

-(4a->- jl6) "Taxable Income" means the adjusted gross Income of a taxpayer less the 
deductions and exemptions provided for in this chapter. 

4444 (17) "Taxable year" means the taxpayer's taxable year for federal income tax 
purposes. 



Page Eighteen 

44&f (18) "Taxpayer" includes any person or fiduciary, resident or nonresident, subject to 
a tax imposed by this chapter and does not include corporations." 

Section 2. Section 16-30-103, MCA, Is amended to read: 

"15-30-103. Rate of tax. (1) There shall be levied, collected, and paid for each taxable year 
commencing on or after TJecember 31, 1968, upon the taxable Income of every taxpayer 
subject to this tax, after making allowance for exemptions and deductions as hereinafter 
provided, a tax on the following brackets of taxable income as adjusted under subsection (2) 
at the following rates: 

4M ia) on the first $1 ,000 of taxable Income or any part thereof, 2 % 

4A^(b) onthenext$l,OOOof taxable income or any part thereof, 3% 

-^»^(c) on the next $2,000 of taxable Income or any part thereof, 4 % 

44 f (d) on the next $2,000 of taxable income or any part thereof, 6 % 

4»»-(e) on the next $2,000 of taxable income or any part thereof, 6 % 

4«^ (f) on the next $2,000 of taxable income or any part thereof, 7 % 

-(*)- (g) on the next $4,000 of taxable income or any part thereof, 8 % 

4»f(h) on the next $6,000 of taxable income or any part thereof, 9 % 

4»f (i)on the next $15,000 of taxable income or any part thereof, 10 % 
-fi»>{ j) on any taxable income in excess of $35,000 or any part thereof, 11% 

(2) By November 1 of each year, the department shall niultiply the bracket amount 
contained in subsection (1) by the Inflation factor for that taxable year and round the 
cummvdatlve brackets to the nearest $100. The resulting adjusted brackets are effective for 
that year and shall be used as the basis for imposition of the tax In subsection (1) of this 
section. " 

Section 3. Section 15-30-112, MCA, Is amended to read: 

"16-30-112. Exemptions. (1) Except as provided In subsections (7) and (8) , In the case of 
an individual, the exemptions provided by subsections (2) throu^ (6) shall be allowed as 
deductions in computing taxable Income. 

(2) (a) An exemption of $800 shall be allowed tor taxable years beginning after December 
31, 1978, for the taxpayer. 

(b) An additional exemption of $800 shall be allowed for taxable years beginning after 
December 31, 1978, for the spouse of the ta}q>ayer if a separate return is made by the tax- 
payer and if the spouse, for the calendar year in which the taxable year of the taxpayer 
begins, has no gross income and is not the dependent of another taxpayer. 

(3) (a) An additional exemption of $800 shall be allowed for taxable years beginning after 
December 31, 1978, for the taxpayer If he has attained the age of 66 before the close of his 
taxable year. 

(b) An additional exemption of $800 shall be allowed for taxable years beginning after 
December 81, 1978, for the spouse of the ta}q)ayer if a separate return is made by the tax- 
payer and if the spouse has attained the age of 66 before the close of such taxable year and, 
for the calendar year in which the taxable year of the taxpayer begins, has no gross Income 
and is not the dependent of another taxpayer. 

(4) (a) An additional exemption of $800 shall be allowed for taxable years beginning after 
December 31, 1978, for the taxpayer if he is blind at the close of his taxable year. 

(b) An additional exemption of $800 shall be allowed for taxable years beginning after 
December 31, 1978, for the spouse of the ta3q>ayer if a separate return is made by the tax- 
payer and if the spouse Is blind and, for the calendar year in which the taxable year of the 
taxpayer begins, has no gross Income and is not the dependent of another taxpayer. For the 
purposes of this subsection (4) (b), the determination of whether the spouse is blind shall be 
made as of the close of the taxable year of the taxpayer, except that if the spouse die s during 
such taxable year, such determination shall be made as of the time of such death. 

(c) For purposes of this subsection (4), an individual is blind only If his central visual 
acuity does not exceed 20/200 in the better eye with correcting lenses or if his visual acuity is 
greater than 201200 but is accompanied by a limitation In the fields of vision such that the 
widest diameter of the visual field subtends an angle no greater than 20 degrees. 

(6) (a) An exemption of $800 shall be allowed for taxable years beginning after December 
31. 1978, for each dependent: 



Page Nineteen 

(1) whose gross Income for the calendar year In which the taxable year of the taxpayer 
begins is less than $800; or 
(ii ) who is a child of the taxpayer and who: 

(A) has not attained the age of 19 years at the close of the calendar year in which the 
taxable year of the taxpayer begins; or 

(B) is a student. 

(b) No exemption shall be allowed under this subsection for any dependent who has made 
a Joint return with his spouse for the taxable year beginning in the calendar year in which 
the taxable year of the taxpayer begins. 

(c) For purposes of subsection (6) (a) (11), the term "child" means an individual who is 
son, stepson, daughter, or stepdaughter of the taxpayer. 

(d) For purposes of subsection (6) (a) (11) (B), the term "student" means an individual 
who, during each of 6 calendar months during the calendar year in which the taxable year of 
the taxpayer begins: 

(I) is a full-time student at an educational institution; or 

( II ) is pursuing a fuU-time course of institutional on-f arm training under the supervision of 
an accredited agent of an educational institution or of a state or political subdivision of a 
state. For purposes of this subsection (6) (d) (11), the term "educational institution" means 
only an educational institution which normally maintains a regular faculty and curriculum 
and normaUy has a regularly organized body of students in attendance at the place where 
its educational activities are carried on. 

(6) In the case of a nonresident taxpayer, the exemption deduction shall be prorated 
according to the ratio the taxpayer's Montana adjusted gross income bears to his federal 
adjusted gross income. 

(7) For taxable years beginning after December 31, 1978, and before January 1, 1981, the 
amount allowed as a deduction in subsections (2) through (6) shall be adjusted as provided 
under section 9, Chapter 698, Laws of 1979. 

(8) For taxable years beginning after December 31, 1980, the department, by November 1 
of each year, shall multiply all tl^ exemptions provided In this section by the inflation factor 



for that taxable year and round the product to the nearest $10. The resulting adjusted 
exemption are ef fee ' " " '"' ""^ ^ '' '~^' 

posed In 15-S0-i03." 



exemption are effective fbr that taxable year and shall be used in calculating the tax im- 



Section 4. Section 16-30-122, MCA, is amended to read: 

"15-30-122. Standard deduction. {1)_ In the case of a resident Individual, a standard 
deduction equal to 15% of adjusted gross income shall be allowed if elected by the taxpayer 
on his return. The standard deduction shall be in lieu of all deductions allowed under 16-30- 
121. The maximum standard deduction shall be $1,00 0, as adjusted under the provisions of 
subsection (2) . except in the case of a single Joint return of husband and wife the maximum 
standard deduction shall be $2,00 0, as adjusted under the provisions of subsection (2) . The 
standard deduction shall not be allowed to either the husband or the wife if the tax of one of 
the spouses is determined without regard to the standard deduction. For purposes of this 
section, the determination of whether an Individual is married shall be made as of the last 
day of the taxable year; provided, however, if one of the spouses dies during the taxable 
year, the determination shall be made as of the date of death. 

(2) By November 1 of each year, the department shall multiply the maximum standard 
deduction for single returns and Joint returns by the inflation factor for that taxable year 
and round the product to the nearest $10. The rewiltlng adjusted deductions are effective for 
that taxable year and shall be used In calculating the tax imposed In 16-80-108." " 

Section 6. Section 15-30-142, MCA, is amended to read: 

"16-30-142. Returns and payment of tax - penalty and interest - refunds - credite. (1) 
Every single individual and every married individual not filing a joint return with his or her 
spouse and having a gross income for the taxable year of m(u% than $940 , as adjusted under 
the provisions of subsection (7) , and married individuals not filing separate returns and 
having a combined gross Income for the taxable year of more than $1,880, as adjusted under 
the provisions of subsection (7), shall be liable for a return to be filed on such forms and 
according to such rules as the department may prescribe. The gross income amounte 
referred to in the preceding sentence shall be increased by $80 0, as adjusted under the 

oviBions of 15-30-112 (7) and (8) , for each addltlcmal personal exemption allowance the 

xpayer is entitled to claim for himself and his spouse under 16-30-112 (3) and (4). A 
nonresident shall be required to file a return if his gross Income for the taxable year derived 
from sources within Montana exceeds the amount of the exemption deduction he is entitled 
to claim for himself and his spouse under the provisions of 16-30-112 (2), (3), and (4), as 
prorated according to 16-30-112 (6). 

(2) In accordance with instructions set forth by the department, every taxpayer who Is 
married and living with husband or wife and is required to file a return may, at his or her 
option, file a joint return with husband or wife even though one of the spouses has neither 



Page Twenty 

gross income nor deductions. If a joint return Is made, the tax shaU be computed on the 
a£:gregate taxable income and the liability with respect to the tax shall be joint and several. 
If a joint return has been filed for a taxable year, the spouses may not file separate returns 
after the time for filing the return of either has e7q)ired unless the department so consents. 

(3) If any such taxpayer is unable to make his own return, the return shaD be made by a 
duly authorized agent or by a guardian or other person charged with the care of the person 
or property of such taxpayer. 

(4) All taxpayers, including but not limited to those subject to the provisions of 16-30-202 
and 16-30-241, shall compute the amount of income tax payable and shall , at the time of filing 
the return required by this cheater, pay to the department any balance of income tax 
remaining unpaid after crediting the amount withheld as provided by 16-80-202 and/or any 
payment made by reason of an estimated tax return provided for in 16-30-241; provided, 
however, the tax so computed is greater by $1 than the amount withheld and/or paid by 
estimated return as provided in this chapter. If the amount of tax withheld and/or payment 
of estimated tax exceeds by more than $1 the amount of income tax as computed, the tax- 
payer shall be entitled to a refund of the excess. 

(6) As soon as practicable after the return is filed, the department shall examine and 
verify the tax. 

(6) If the amount of tax as verified is greater than the amount theretofore paid, the excess 
shall be paid by the taxpayer to the department within 80 days after notice of the amount of 
the tax as computed, with interest added at the rate of 9 % per annum or fraction thereof on 
the additional tax. In such case there shall be no penalty because of such understatement, 
provided the deficiency is paid within SO days after the first notice of the amount Is mailed to 
the ta3q)ayer. 

(7) By November 1 of each year, the department shall multiply the minimum amount of 
goss Income necessitating the filing of a return by the inflation factor fOr the taxable yeaJFT 
Tliese adjusted amounts are effective for that taxable year, and persons having gross in- 
comes less than these adjusted amounts are not required to file a return. " 

NEW SECTION. Section 6. Adjusted base year structure to appear on tax forms. In- 
dividual Income tax forms distributed by the department for each taxable year must con- 
tain instructions and tables based on the adjusted base year structure for that taxable year. 

Section 7. Applicability. This act applies to taxable years beginning after December 81, 
1980. 



ARGUMENT ADVOCATING APPROVAL OF THE ISSUE 

Initiative 86 seeks to change Montana's Income tax system to prevent Inflation from 
causing increased income tax payments. Everyone is aware of the impact which inflation 
has on the price of goods, services, savings and earnings. The impact which inflation has on 
taxes - particularly Montana's Income tax - Is just as significant 

For example, consider the impact of recent salary Increases on two representative state 
employees. Effective July 1, 1980, Montana state employees received an income Increase of 
seven percent, the major portion of which was Intended to compensate employees for in- 
flation. However, the Increase in state income tax withholding was Inflated by a greater 
percentage. To a clerical worker, a seven percent payroll increase resulted in a twelve 
percent state income tax withholding increase. To an administrative level state employee, a 
seven percent payroll increase resulted in a sixteen percent Increase In state Income tax 
withholding. This is NOT the way our income tax system Is supposed to work! 

Inflation's effect on people in lower Income brackets, even those who do not receive pay 
Increases is also very significant. Those who receive no pay increase pay a greater per- 
centage of their incomes in taxes simply because inflation has devalued or lowered their 
Incomes. 

Between 1969 emd 1979, personal income in Montana was up 129%. Percentage of tax In- 
creases should have been about the same but because workers went into higher paying tax 
brackets, taxes were up 800%. 

Initiative 86 will modify several of the features of the Montana Income tax to permit In- 
dividuals to deduct inflation from their taxes. Tax brackets, personal exemptions, standard 
deductions and minimum filing requirements will all reflect the impact of Inflatton on the 
dollar. 

Taiqpayers In all tax brackets will benefit from Initiative 86. The average family will 
realize an average of $200 a year in tax relief over each of the next five years. The impact of 



Page Twenty One 

Initiative 86 on the state budget Is less than one-half of one percent of the total state budget 
the first year of enactment. A study recently completed by the Iowa State Department of 
Revenue revealed that those taxpayers in the lower tax brackets will receive a significant 
benefit from the enactment of legislation such as Initiative 86. The Iowa study was done on 
Iowa's state income tax system which is very similar to the Montana state income tax 
system. 

The bill on which Initiative 86 is based was widely supported by the 1979 Montana 
Legislature where it passed the House of Representatives by a vote of 92-2 and the Senate 
39-10, only to be vetoed by the Governor after the legislators had gone home. 

Inflation Is taxing you. This tax is not imposed by any legislature. It effects anyone who 
receives Income In excess of |1,000 In the State of Montana. In order to make government 
and politicians more responsible to the taxpayers, we must rid ourselves of this inflation 
tax. Vote for Initiative 86 and abolish the inflation tax! 

S/ Larry Williams, Chr. 
John W. Larson 
Kenneth Nordvedt 



ARGUMENT ADVOCATING REJECTION OF THE ISSUE 

Initiative 86, which would estabUsh a system of tax Indexing in this state, should be 
rejected by Montana voters for the following reasons: 

1. Programs enacted by the last legislature will provide Montanans with approximately 
$76 million in property and income tax relief in the current biennlum. These programs 
provide help where it is needed the most -- to homeowners and low and middle income 
taxpayers. The passage of Initiative 86 will threaten the continuation of these effective and 
equitable tax relief programs. 

2. The reUef provided under existing programs was structured to assist the majority of 
Montana homeowners and taxpayers. Under these programs, a homeowning family with an 
income of $20,000 will receive $222 in tax relief in 1980. Under Initiative 86, the same family 
would receive only $32 and the largest advantages would go to taxpayers in the higher in- 
come tax brackets. For example, at an annual rate of Inflation of 8 % a taxpayer with an 
Income of $6,000 would receive only $6 In relief from Initiative 88. A person earning $45,000 
would receive $60 and the real beneficiaries of the program would be the privileged minority 
in the highest brackets. 

3. The pay as you go system of tax relief in Montana guarantees the financial stability of 
the state. Under these programs, tax relief Is provided only when revenue is available, 
which assures a balanced budget in accordance with the state constitution. It would be 
extremely difficult to determine the impact of an indexing program on state revenues for a 
two year period. Essentially, the state would be preparing the budget In the dark, which 
would expose Montana to the possibility of substantial deficits. This state has had ex- 
perience with deficit spending in the past and the proposed solution to this problem has 
always been a sales tax. It is therefore critically important to reject experiments like 
Initiative 86 to assure that state government is not exposed to budget deficits and the need 
for alternative sources of revenue such as a sales tax. 

4. Initiative 86 would commit Montana to a tax relief program based on a mathematical 
formula rather tiian the actual financial requirements of government and the taxpayers in 
Montana. If this measure becomes law, the elected representatives of the public will be 
relieved of the responsibility of adjusting tax rates to meet the revenue requirements of 
state government. This will substantially limit the discretion of the legislature in managing 
emergencies, funding essential programs and developing more equitable and effective tax 
relief measures. 

In conclusion, Initiative 86 will provide insignificant tax relief to the great majority of 
Montanans while providing substantial benefits to those people in the upper brackets. It 
could nullify existing, more equitable tax relief programs. It will force Montana to abandon 
effective budgeting procedures and protection against deficit spending. And it will commit 
M(xitana to a tax experiment that could become totally inconsistent with economic con- 
ditions and the revenue requirements of state government In the immediate future. 

S/ Robert D. Watt, Chairman 
Herb Huennekens 
Bill Groff 
R. Nadlean Jensen 



Page Twenty Two 

ARGUMENT REBUTTING THE ARGUMENT 
ADVOCATING APPROVAL OF THE ISSUE 

The above statement by the proponents of Initiative 86 Is extremely confusing and 
misleading. It makes repeated univerified statements and argues the self-contradictory 
idea that the average family will save |200 a year while the impact on the state general fund 
will be negligible. They can't have it both ways. 260,000 families at $200 means $50,000,000 
per year, a figure which would be disastrous to the services which all responsible Mon- 
tanans want the State to provide. 

In fact the long term effect of Propositlcm 86 will be so great that new and more 
inequitable taxes are inevitable, or- unbearable local property taxes will occur through 
shifting. 

Certainly Inflation hurts most everyone, but we cannot negate its effects upon ourselves at 
the expense of reasonable state services. It is an avoidance of our responsibility to the un- 
fortunate people in our institutions and to our student population to favor such action. 

We need to reduce local property taxes, which Is \*^ere the real burden and inequities Ue. 
It is proposed that the state begin to sl^>port much of the welfare and criminal trial costs 
now borne by counties. Proposition 86 will make this impossible. We should reduce local 
property taxes before reducing state taxes. 

Finally it should be noted that only seven states have any type of Income tax Indexing, and 
that this Pr(^x>sltion 86 provides a more severe cutback in state revenue than any of these. 

S/ Robert D. Watt, Chairman 
R. Nadiean Jensen 
Bill Groff 



I 



ARGUMENT REBUTTING THE ARGUMENT 
ADVOCATING REJECTION OF THE ISSUE 

The arguments that you have Just read against 1-86 are absolutely Incorrect. 

The last Legislature studied, debated and finally enacted a complete tax relief package 
with both short term and permanent tax relief. What is now known as 1-86, was part of that 
total tax relief package which was studied and overwhelmingly approved by the 1979 
Legislature, only to be vetoed by Governor Judge, after they went home. 

Basically the 76 million dollars in tax relief mentioned by the exponents of 1-86, was short 
term tax relief. 1-86 is part of this package that provides permanent protection against the 
effects of inflation. 

Passage of 1-86 will provide for the complete tax relief package Invlstoned by the 1979 
Legislature which gave it's strong support. Opp(ments of 1-86 are using the "big lie" 
technique by arguing that 1-86 will provide more tax relief to the wealthy, than to the or- 
dinary wage earner, for example: 

For the average Montana family of four with a $80,000.00 a year Income, a 10% cost of 
living increase in wages would result in a 17% tax Increase. For the family of four with a 
$10,000.00 Income, a 10 % wage Increase would result in a 26% hike in their tax payments. 

Obviously. State Government has and will continue to receive an unjustified, 
unauthorized, windfall profit from the effects of inflation on our tax structure, unless 1-86 is 
passed. 

It is not surprising that politicians who support Government growing at a rate faster than 

the private sector, oppose 1-86. _ 

S/Larry Williams, Chairman 

John W. Larson 

Kenneth Nordvedt 



Page Twenty Three 

The form In which the issue will be printed on the Official Ballot at the General Election, 
November 4, 1980, Is as follows: 

INITIATIVE NO. 86 



A LAW PROPOSED BY INITIATIVE PETITION 



THIS INITIATIVE PROPOSES TO CHANGE THE MONTANA INCXDME TAX STRUC- 
TURE TO REQUIRE THAT TAX BRACKETS, EXEMPTIONS, STANDARD DEDUC- 
TIONS, AND MINIMUM FILING REQUIREMENTS BE ADJUSTED EACH YEAR TO 
PREVENT TAX INCREASES DUE SOLELY TO INFLATION. IF THIS INITIATIVE IS 
ENACTED IT WILL BE EFFECTIVE IN 1981. 



D 
D 



FOR adjusting the Income tax structure to prevent tax Increases due solely to In- 
flation. 

AGAINST adjusting the Income tax structure to prevent tax Increases due solely to 
Inflation. 



INITIATIVE NO. 87 

The following is a copy of the title and text of the proposed Initiative as it appears in the 
official files of the Secretary of State: 

THIS INITIATIVE: 

(1) PROVIDES THAT A VOLUNTARY PROGRAM TO RECYCLE BEVERAGE CON- 
TAINERS MAY BE ESTABUSHED BY BEVERAGE AND RECYCLING BUSINESSES; 

(2) PLACES A MINIMUM 5 « REFUNDABLE DEPOSIT ON ALL BEVERAGE CON- 
TAINERS IF THE VOLUNTARY RECYCLING PROGRAM FAILS TO RECYCLE 60% OF 
ALL BEVERAGE CONTAINERS BY 1982. 75 %by 1983, AND 86 % AFTER 1983; 



I 



Page Twenty Four 

(3) PROHIBITS THE SALE OF ANY NON-REFILLABLE GLASS OR PLASTIC 
BEVERAGE BOTTLES AND NON-RECYCLABLE BEVERAGE CANS AFTER MARCH, 
1983, AND THE SALE OF DETACHABLE PULL-TABS AND USE OF PLASTIC CON- 
NECTORS AFTER MARCH, 1982; 

(4) ALLOWS PRIVATE RECYCLING CENTERS TO REDEEM AND RECYCLE 
BEVERAGE CONTAINERS. 

BE IT ENACTED BY THE PEOPLE OF THE STATE OF MONTANA : 
Section 1. Short title. (This act] may be cited as "The Montana Litter Control and 

Recycling Act". 
Section 2. Purpose -Statement of Intent. The purpose of [this act) is to: 

(1) encourage the refilling and recycling of beverage containers; 

(2) reduce the wasteful use of energy and material resources; 

(3) reduce beverage container litter and disposal costs; and 

(4) encourage the affected industries to implement an effective system for the voluntary 
recycling of beverage containers, but if the affected industries fail to promptly implement 
such a system, to institute a refund system for all beverage containers. 

Section 3. Definitions. As used in [this act], unless the context clearly indicates otherwise, 
the following definitions apply: 

(1) "Affected industries" means any combination of bottlers, distributors, retailers, 
recycling industries, and other persons, that can jointly provide the information required 
for a voluntary plan under [section 4(2) of this act] . 

(2) "Beverage" means beer or other malt beverage, mineral water, tea, soda water, and 
carbonated soft drink in liquid form for human consumption. 

(3) "Beverage container" means each airtight glass, metal, or plastic bottle or can that 
contains or contained a beverage. 

(4) "Bottler" means a person who bottles, cans, or otherwise fills a beverage container 
for sale to a distributor or retailer in this state. 

(5) "Consumer" means a person who buys a beverage in a beverage container for con- 
sumption. 

(6) "Department" means the Department of Health and Environmental Sciences. 

(7) "Distributor" means a person who sells a beverage in a beverage container to a 
distributor or retailer in this state. 

(8) "Person" means any individual, corporation, partnership, association, governmental 
subdivision, business, or other organization of any kind. 

(9) "Recycled" means reused as a material to manufacture new beverage containers or 
other salable products. 

(10) "Redemption center" means an operation provided for in [section 10 of this act] that 
accepts from a consumer, and pays in cash the refund value for, a beverage container. 

(11) "Refilled" means refilled with a beverage for resale. 

(12) "Retailer" means a person who sells a beverage in a beverage container to a con- 
sumer. 

(13) "Throwaway beverage container" means: 

(a) a glass, plastic, or other nonmetal beverage container that cannot be refilled at least 
five times; or 

(b) a metal beverage contsdner that cannot be marketed in at least five counties in this 
state for recycling. The recycling or refilling itself need not take place in this state. 

Section 4. Voluntary plan. (1) The affected industries may establish a voluntary system to 
recycle and refill beverage containers. If successful, according to the stsuidards set forth in 
this section, the voluntary system will substitute for the alternate refund system provided 
for in [sections 5, 6, 7, 8, and 9 of this act] . The department shall determine the success of the 
voluntary system by means of reports filed in compliance with a voluntary plan as provided 
in this section. The department may not spend substantially more to administer this section 
than the department estimates it would cost to administer the alternate refund system. 

(2) On or before March 1, 1981, any affected industries may submit a comprehensive 
"voluntary plan" to the department. Each voluntary plan shall specify the method by which 
the department shall be given and can verify the following information: For each fiscal 
year, beginning with Fiscal Year July 1, 1981, to June 30, 1982. a written estimate, which is 
accurate to within 5% of the actual total number, 



I 



Page Twenty Five 

(a) of the number of beverage containers sold to consumers In this state, and 

(b) of these beverage containers, the number which are refilled or recycled. 

(3) The department, before June 1, 1981, shall: 

(a) in consultation with the affected Industries, accept such voluntary plan (which may be 
a combination of submitted plans) as will be adequate for the reporting purposes of this 
section, will provide information readily verifiable by the department with a minimal ex- 
penditure of time and money, and which is agreed upon in writing by the affected in- 
dustries; or 

(b) if no such plan Is agreed upon, reject all voluntary plans. 

(4) If the department £ind the affected industries agree on a voluntary plan, the depart- 
ment shall, before September 1 of each year following 1981, using the information submitted 
in compliance with the plan, compile a report for the Immediately preceding fiscal year 
which states: 

(a) the total number of beverage containers sold to consumers in this state ; 

(b) the number of these beverage containers which have been or are being refilled or 
recycled; and 

(c) a conclusion that the following standards either have or have not been met: 

(i) that, for the fiscal year July 1, 1981, to June 30, 1982, not fewer than 60% of the total 
number of beverage containers sold to consumers in this state have been or are being 
refilled or recycled; 

(ii) that, for the fiscal year July 1, 1982, to June 30, 1983. not fewer than 75% of the total 
number of beverage containers sold to consumers in this state have been or are being 
refilled or recycled; or 

(ill) that, for any 2 consecutive fiscal years thereafter, not fewer than 85% of the total 
number of beverage containers sold to consumers in this state during those 2 years have 
been or are being refilled or recycled. 

(5) If the department and the affected industries fail to agree on a voluntary plan by June 
1, 1981, or if the department fails to report by September 1 of any subsequent year that the 
standards specified in subsection (4) have been met, [sections 6, 6, 7, 8, and 9 of this act] 
shall become effective on March 1 of the following calendar year. If no voluntary plan is 
submitted to the department by March 1, 1981, [sections 6, 6, 7, 8, and 9 of this act] shall 
become effective December 1, 1981. Those sections shall not otherwise become effective. 

Section 5. Refund value. Each beverage container sold or offered for sale in this state 
shall have a refund value of not less than 5 cents. A metal beverage container retains its 
refund value even if crushed, torn, or otherwise bent, if the whole label required by [ section 
6] is visible. 

Section 6. Labeling. (1) Except as provided In subsection (2), the words "Montana Refund 
Value" and the refund vaJue must be clearly and conspicuously indicated on every beverage 
container sold or offered for sale in this state in letters and numerals not less than one- 
fourth inch in height. The label required by this section must be firmly affixed to the 
beverage container, may not be indicated on the bottom of the container, and shall be 
stamped in contrasting color on the top of each metal beverage container. 

(2) Any type of refillable glass beverage container having a refund value of not less than 5 
cents prior to the effective date of this section and having a brand name permanently 
marked on it is not required to indicate the refund value as provided in this section. 

Section 7. Retailer requirements. (1) Except as provided in subsections (2), (3) and (4), a 
retailer shall accept from any consumer, and shall pay in cash the refund value for, any 
beverage container that is: 

(a) empty, reasonably clean, and unbroken; 

(b) labeled as required in [section 6]; 

( c ) of the k ind , size , and b rand sold by the retaile r ; and 

(d) presented to the retailer at the retailer's place of business. 

(2) A retailer selling a beverage solely for consumption on the retailer's premises may 
choose not to charge a deposit for the container and, if so choosing, is not required to pay a 
refund for accepting the container back. 

(3) (a) If a retailer's place of business is located within a 2-mile radius of a redemption 
center that, in a manner convenient to the public, accepts, and pays in cash the refund value 
for each kind, size, and brand of beverage container sold by that retailer, the retailer is not 
required to accept and to pay the refvind value for a beverage container. 

(b) A retailer served by a redemption center in the manner provided for in subsection 
(3)(a) shall prominently display the location and hours of each redemption center serving 
the retailer. 

(4) A retailer may limit the total refund paid to any one consumer in any one transaction 
to a maximum of 10 dollars. 



Page Twenty Six 

Section 8. Distributor requirements. (1) A distributor shall accept from any retailer or 
redemption center, and shall pay in cash the refund value for, any beverage container that 
is: 

(a) empty, reasonably clean, and unbroken; 

(b) labeled as required in [section 6]; 

(c) of the kind, size, and brand sold by the distributor; and 

(d) accounted for and presented at the retailer's, redemption center's, or distributor's 
place of business. 

(2) (a) In addition to the payment of the refund value, the distributor shall reimburse the 
retailer or redemption center for the cost of handling beverage containers. Except as 
provided in subsection (2 ) (b ) , such reimbursement must be at least 20% of the refund value 
of each beverage container accounted for and presented to the distributor by the retailer or 
redemption center as provided in subsection (1). 

(b) A distributor or group of distributors may sign an agreement with a retailer or 
redemption center designed to reduce counting, sorting, and other handling requirements 
associated with returned beverage containers. The agreement may specify a mutuaUy 
agreeable handling reimbursement which is different from that required by subsection 
(2)(a). 

(3) A distributor shall, within 10 days of receiving written billing from a redemption 
center, fulfill all of the distributor's obligations under subsections (1) and (2) to that 
redemption center. 

(4) A distributor may: 

(a) retain unclaimed deposits for beverage containers thatare not returned; and 

(b) establish reasonable procedures to prevent multiple redemption of beverage con- 
tainers which a redemption center chooses to retain. 

Section 9. Notice of refund on vending machines. Every owner of a vending machine that 
sells beverages in beverage containers shall, as a substitute for complying with the 
requirements of (section 7] with respect to that vending machine, post a conspicuous notice 
on the vending machine stating that a refund of not less than 5 cents is available for each 
beverage container sold and stating the nearest location where the refund may be obtained. 

Section 10. Redemption centers. (1) Any person may establish a redemption center after 
registering in writing with the department. 

(2) A redemption center may retain possession of any ncwirefillable beverage container 
even after the distributor has paid the refund and handling reimbursement. 

Section 11. Prohibited containers. A beverage may not be sold in this state : 

(1) after March 1, 1982, in a metal container any metal part of which becomes detached 
when the container is opened, or in a container assembly connected by a plastic ring; or 

(2) after March 1, 1983, in a throwaway beverage container. 

Section 12. Department duties. (1) The department shall adopt any rules necessary to 
administer the following sections, respectively, of [this act] not later than: 

(a) February 1, 1981, for [sections 1, 2, 3, 4, 10, and 11] ; and 

(b) 60 days before the effective date of [sections 5, 6, 7, 8, and 9] for [sections 6, 6, 7, 8, and 
9]. 

(2) The department shall maintain a register of redemption centers. 
Section 13. Enforcement. (1) The department may, through the attorney general or ap- 
propriate county attorney, file an action: 

(a) to collect a civil penalty as provided in [section 14 of this act] for a violation of this 
part or a rule adopted under this part; and 

(b) to abate, prevent, restrain, or enjoin a violation of this part or a rule adopted under 
this part. 

(2) If, in an action brought under subsection (1), a violation of this part or a rule adopted 
under this part is found, the court shall assess in favor of the department and against the 
defendant the costs of the action and reasonable attorney's fees. Monies recovered pursuatnt 
to this section shall be deposited: 

(a) with the county treasurer for deposit in the county general fund if the action was 
brought by the county attorney on behalf of the department ; or 

(b) in the state treasury in an earmarked revenue fund to defray the department's costs of 
the administration of this part and the rules adopted under this part. 

Section 14. Penalties. (1) A person who violates this part or any rule adopted under this 
part: 

(a) is guilty of a misdemeanor and upon conviction shall be fined not more than $600 or be 
imprisoned in the county jail for a term no longer than 6 months, or both ; or 

(b) is subject to a civil penalty of not more than $250. 

(2) Each day of violation of this part or a rule adopted under this part shall constitute a 
separate violation. 

(3) Fines and penalties collected pursuant to this section shall be deposited in the state 
treasury in an earmarked revenue fund to defray the costs of the department's ad- 
ministration of this part and the rules adopted under this part. 



Page Twenty Seven 

Section 15. Appropriation. The voters, by their passage of this act, express their intent 
that the Montana legislature appropriate the necessary funding for the department to ef- 
fectively administer and enforce this act and the rules to be adopted under this part. 

Section 16. Codification Instruction. The code commissioner shall codify this act in Title 
75. Chapter 10, Part 3, MCA. 

Section 17. Severability. If a part of this act is invalid, all valid parts that are severable 
from the invalid part remain in effect. If a part of this act is invalid in one or more of its 
applications, all valid applications that are severable from the invalid application remain in 
effect. 

Section 18. Effective date. This act is effective upon passage and approval by Montana 
voters, except as provided in section 4(5) of this act. 



ARGUMENT ADVOCATING APPROVAL OF THE ISSUE 

The Montana Litter Control and Recycling Initiative is a unique approach to reducing 
beverage container litter and waste. It combines a proven means of promoting recycling 
with the flexibility to allow private industry to do the Job . 

The Recycling Initiative allows beverage and recycling industries the chance to design an 
effective, voluntary program to get beer and pop containers out of streams, roadsides, and 
dumps and Into recycling centers ■- a program the beverage Industry has promised since 
1973 but never established. 

With cooperation, we believe Montana citizens and businesses will help make the 
voluntary program work to meet the Initiative's goals: recycling of 60% of all beverage 
containers by 1982, 76 "/n by 1983, and 86 "/o after 1983. 

If the industries failed to establish such an effective recycling program on their own, a 6 <t 
refundable deposit would be placed on beer and pop bottles and cans. Private recycling 
centers would be allowed to redeem containers. Experience in Oregon, Maine, Vermont, 
and Iowa shows such a system leads to recycling over 90% of all beverage containers while 
economic studies show beverage prices are unaffected. 

The initiative also prohibits detachable pull-tabs after 1982 and throwaway (non- 
recyclable and non-reflllable beverage containers after 1983. 

The Recycling Initiative's tough standards and flexible approach will : 

(1) REDUCE LITTER. Beverage containers are half of all litter by volume and 90% of 
permcuient/ hazardous litter. Montana's bi-partls£in legislative study showed taxpayers pay 
more than $600,000 annually to clean up litter here. Additionally, Montana citizens pay 
millions of dollars each year for injuries to people and livestock and damage to equ^ment 
from metal and glass litter. 

The Montana Farmers Union, with agreement from the general ranch and farm com- 
munity and its organizations, says: "The Recycling Initiative, by prohibiting dangerous 
pull-tabs and throwaway containers, will save farmers and ranchers from the expense of 
Utter-related 'hardware disease' and damage." 

• 

The Recycling Initiative will reduce beverage container litter by 80% and total litter by 

400/r. 

(2) CONSERVE ENERGY AND MATERIALS. Even with present recycling, Montanans 
throw out 2,500 tons of valuable aluminum cans each year - enough to build thirty Boeing 
747 airplanes -- and discard 18,000 tons of steel and glass beverage containers. The energy 
wasted by throwaways equals the annual household power use of Bozeman, Butte. 
Browning, and Broadus put together. 

Montana's bi-partisaui legislative study found that measures such as the Recycling 
Initiative cause "increases in the recycling rate, averaging around 90% by return" - more 
than double today's recycling rate. 



Page Twenty Eight 

(3) CREATE JOBS. Montana's United Food ajid Commercial Clerks, AFL-dO, supports 
the Recycling Initiative because "it will help preserve jobs" -- about 200 new Jobs would be 
created, mostly in recycling. 

(4) LOWER GOVERNMENTAL COSTS. The RecycUng Initiative wiU "reduce taxes for 
litter cleanup and disposal," declares Republican gubernatorial candidate Jack Ramirez. 

Powerful national packaging and beverage industries have budgeted $460,000 to fight this 
initiative. While their campaign will be large and loud, we know Montana voters will decide 
for themselves. We urge your vote FOR Recycling Initiative 87. 

S/ Joyce Robinson, Chairman 
BiU McCoUey 

Tom Rasmussen 



ARGUMENT ADVOCATING REJECTION OF THE ISSUE 

"Bottle bill", or forced deposit proposals are shortsighted attempts to deal with problems 
of litter and solid waste. While Initiative 87 masquerades as "recycling" legislation, In 
reality, it's Just another forced deposit proposal. 87's highly unrealistic recycling goals 
would result in a mandatory minimum five cent deposit on all soft drink and beer cans and 
bottles sold in Montana. 

We contend: 

- Forced deposit legislation is a piecemeal approach to a very complex problem that needs 
to be dealt with in a more comprehensive manner. 

- Bottles and cariS for soft drinks and beer generally make up only 20% of litter and 6% of 
solid waste. Even if the so-called "bottle bill" worked, the vast majority of litter and solid 
waste would remain. 

- Eight states have enacted comprehensive lltter/recycUng legislation that has 
dramatlcaiy reduced total litter, helped recycling and created new Jobs. Washington's 
litter /recycling law has reuuced total litter by 66% . Oregon's "bottle bill" has reduced litter 
by only 10.6%! 

- Recyclers generally oppose forced deposits because the impede multi-product recycling. 

- Many national groups such as the Council of State Governments, American Automobile 
Association, and Consumer Alert have rejected problem-ridden forced deposits and en- 
dorsed more comprehensive litter/recycling laws. 

- Only six states have forced deposit laws. They have cost the consumer a fortune ! 

Michigan grocers spent $300 million last year to cope with deposit legislation! Consumer 
prices for beverages have sky-rocketed! 

- "Bottle bills" actually result in a massive w£iste of energy! 

A recent survey shows that Coca Cola had to use twice as much fuel in Oregon, a "bottle 
bill" state, as in Washington to ship the same amount of product. 

A Michigan survey shows that under a "bottle bill" gasoline and diesel fuel consumption 
Increased 26% per case for beer and 32% per case for soft drinks. 



Page Twenty Nine 

- Forced deposits have created havoc for retail grocers who must store, handle and 
transport contaminated, used cans and bottles. Most retailers don't have the space or help 
to contend with this massive public health problem. 

- Since 1976, no state has enacted forced d^oslts at the ballot box. The M<xitana 
legislature has consistently rejected forced deposit proposalB. 

87 is just the wrong approach. It would be highly inflatimiary, have little effect on our 
state's litter problem and could mean the end of free-enterprise recycling, particularly 
among the centers employing the handicapped. Montanans today can make a free choice 
about the kind of package they wish to purchase: both reflllable and n(Hi-relUlable con- 
tainers are widely and readUy available. 

Comprehensive Utter/recycling laws, encompassing education, enforcement and 
recycling of all materials, not just bottles and cans , make sense. 

What Montana needs is a solution, not another symbol. 

Vote against Initiative 87, the forced deposit. 

S/ Allen C, Kolstad, Chairman 
R. Budd Gould 
Earl L. Sherron, Jr. 
Elton M. Andrew 
Jay Gifford 



ARGUMENT REBUTTING THE ARGUMENT 
ADVOCA'nNG APPROVAL OF THE ISSUE 

Initiative 87 is neither a Litter Control nor a Recycling Act 

It does not require beverage cwitalner recycling. 

It is a "bottl e bill" in disguise. The so-called goals are unattainable in Montana. Therefore, 
a "forced deposit" will result. 

The beverage industry in Montana is responsible for most existing recycling centers. Time 
and money has gone into their establishment. This Act may hurt the vohmteer - operated 
centers. 

The Montana Legislature has conslstenUy rejected restrictive container legislation since 
1969 as not being in the best interests of Montana. 

Why? 

Initiative 87 will not stop Utter. It may reduce beverage container Utter. If ALL beverage 
containers were eliminated, 80 % of Utter remains. 

Initiative 87 wiU Increase prices. In the six states having forced deposits the price has 
escalated faster than inflaaon. 



Page Thirty 

Initiative 87 has a built-in price Increase, due to extra handling, storage, labor, and tran- 
3portation costs. Handling charges alone lii the Act will add 24 <t per case . How much more? 
16 C to 60 ? or more per slx-pa<;k. 

Initia tive 87 will not save energy in Montana . The back-haul of empties will mean an in- 
crease in gasoline and dlesel fuel consumption. The increase? Michigan, 26% per case on 
beer, 32 %per case on soft drinks ; Connecticut, 40 % more trucks needed. 

Montanans are clean, practical and fair. 



Vote AGAINST Initiative No. 87 on November 4, 1980. 



S/ Earl Sherron 
Elton M. Andrew 
R. Budd Gould 



ARGUMENT REBUTTING THE ARGUMENT 
ADVOCATING REJECTION OF THE ISSUE 

We agree: Montana has too much litter and too Uttle recycling. In 1979, Montana's bi- 
partisan legislative study, after hearing both sides, unanimously concluded measures like 
Initiative 87 (1-87): 

~ reduce litter, 

" recycle 90% of all beverage containers, 

- conserve energy and resources. 

Despite this evidence, I-87's out-of-state opponents are spending $460,000 on big ad- 
vertisements and mailings to make false and Irrelevant statements: 

" Is 1-87 a "forced-deposit law"? No. 1-87 provides a unique "voluntary plan" which 
allows Industry to establish its own recycling program to substitute for deposits. 

" Are I-87's recycling goals unrealistic? No. If the beverage /packaging Industries spent 
$460,000 promoting recycling instead of fighting 1-87, 1-87*8 recycling goals could easily be 
met. 

- Will 1-87 eliminate recycling centers? Ridiculous! 1-87 will double can recycling, 
strengthening current recyclers and encouraging new ones. Oregon, with a less flexible law, 
has 400 recycling centers. 

" Will 1-87 raise beverage prices? No. Retumables cost less than throwaways (check your 
grocery). 

-Is the opposition's proposed "litter /recycling law" better? Only if you think new taxes 
and bureaucracy are better, because that's what "litter/ recycling laws" are. Litter taxes 
are costly (Washington residents have paid $7,000,000 since 1974), ineffective (Washington 
officials can't show any real litter decline and have disowned industry's fabricated "68% 
reduction" figvu*e), and burden small businesses. Montana's legislative study voted 
unanimously against litter taxes. 

"Will 1-87 increase fuel consumption? No. Every study, including industry's, show 
returnable containers save massive amounts of energy, including gasoline. 

1-87 means less litter and more recycling without more taxes and bureaucracy. 

S/ Joyce Robinson 
Tom Rasmussen 
BiU McCoUey 



Page Thirty One 

Tlie form in which the issue will be printed on the Official Ballot at the General Election, 
November 4, 1980, is as follows: 

INITIATIVE NO. 87 



A LAW PROPOSED BY INITIATIVE PETITION 



THIS INITIATIVE: 

(1) PROVIDES THAT A VOLUNTARY PROGRAM TO RECYCLE BEVERAGE CON- 
TAINERS MAY BE ESTABLISHED BY BEVERAGE AND RECYCLING BUSINESSES; 

(2) PLACES A MINIMUM 6 <t REFUNDABLE DEPOSIT ON ALL BEVERAGE CON- 
TAINERS IF THE VOLUNTARY RECYCUNG PROGRAM FAILS TO RECYCLE 60% OF 
ALL BEVERAGE CONTAINERS BY 1982, 75% by 1983, AND 86% AFTER 1983; 

(3) PROHIBITS THE SALE OF ANY NON-REFILLABLE GLASS OR PLASTIC 
BEVERAGE BOTTLES AND NON-RECYCLABLE BEVERAGE CANS AFTER MARCH, 
1983, AND THE SALE OF DETACHABLE PULLrTABS AND USE OF PLASTIC CON- 
NECTORS AFTER MARCH, 1982; 

(4) ALLOWS PRIVATE RECYCLING CENTERS TO REDEEM AND RECYCLE 
BEVERAGE CONTAINERS. 



D 
D 



FOR refundable deposits on beverage containers unless private voluntary 
programs recycle most beverage containers, and prohibiting non-refillable 
beverage bottles, non-recyclable beverage cans, and detachable pull-tabs. 

AGAINST refundable deposits on beverage containers unless private voluntary 
programs recycle most beverage containers, and prohibiting non-refillable 
beverage bottles, non- recyclable beverage cans, and detachable pull-tabs. 



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