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MONTANA 
STATE 


This  "cover"  page  added  by  the  Internet  Archive  for  formatting  purposes 


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1984 


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On  November  6,  you  will  have  the  opportunity  to  vote  on  five  state  ballot  issues  along  with  the  federal, 
state  and  local  offices  which  will  appear  on  your  general  election  ballot.  This  pamphlet  is  being  sent  to  you 
and  all  other  registered  voters  of  Montana,  as  required  by  law.  It  is  printed  to  assist  you  in  making 
informed  decisions  on  these  very  important  ballot  questions. 

Inside  you  will  find  a  new  look.  The  first  section  has  been  put  together  in  a  more  easily  read  and  concise 
manner.  This  section  contains  just  the  basic  information  on  each  issue  —  including:  the  official  ballot 
titles  and  explanatory  statements  for  each  issue  as  prepared  by  the  Legislature  and  Attorney  General; 
"How  the  issue  will  appear  on  the  Ballot";  and  the  arguments  "for"  and  "against"  each  issue  as  prepared 
by  duly  appointed  committees  of  proponents  and  opponents.  Then,  the  complete  text  of  each  measure  is 
printed  separately  toward  the  end  of  the  pamphlet. 

As  Secretary  of  State  of  the  State  of  Montana,  I  certify  that  the  text  of  each  proposed  issue,  ballot  title, 
explanatory  statement,  statement  for  and  against,  and  the  rebuttal  statement  which  appears  in  this 
pamphlet  is  a  true  and  correct  copy  of  the  original  document  filed  in  my  office. 


STATE  DOCUMENTS  COLLECTION 

0CT2  91984' 

MONTANA  STATE  USRARY 

1515  E.  6th  AVE. 
HELENA,  MONTANA   5W20 


Jim  Waltermire 
Secretary  of  State 


TABLE  OF  CONTENTS 

CONSTITUTIONAL  AMENDMENTS 

No.  13 

No.  14 

CONSTITUTIONAL  INITL\TIVE 

No.  23 

INITIATIVES 

No.  96 

No.  97 


Arguments 

2,3 
4,5 


6,7 


8,9 
10,  11 


Text 

12 
12 


12,  13 


13 
13-16 


Montana  Stale  bb-an. 


3  0864  1004  3868  1 


CONSTITUTIONAL 
AMENDMENT  NO.  13 


AN  AMENDMENT 

TO  THE  CONSTITUTION 

PROPOSED  BY  THE  LEGISLATURE 


OFFICIAL  BALLOT  TITLE 

AN  ACT  TO  SUBMIT  TO  THE  QUALIFIED  ELECTORS  OF 
MONTANA  AN  AMENDMENT  TO  ARTICLE  VII,  SECTION  11, 
OF  THE  MONTANA  CONSTITUTION  TO  ALLOW  THE 
MONTANA  SUPREME  COURT  TO  DISCIPLINE  A  JUSTICE  OR 
JUDGE  FOR  VIOLATION  OF  CANONS  OF  JUDICIAL  ETHICS 
ADOPTED  BY  THE  COURT 


Attorney  General's  Explanatory  Statement 

The  Legislature  submitted  this  proposal  for  a  vote.  It  would  amend 
the  Momana  Constitution  to  allow  the  Montana  Supreme  Court  to  cen- 
sure, suspend,  or  remove  any  judge  for  violating  the  rules  of  judicial 
ethics  adopted  by  the  Supreme  Court.  Currently  the  Supreme  Court  may 
discipline  judges  for  willful  misconduct  in  office  or  for  willful  and  per- 
sistent failure  to  perform  judicial  duties.  This  proposal  would  authorize 
an  additional  ground  for  the  disciplining  of  judges. 


Argument  For 
Constitutional  Amendment  No. 


13 


Montana's  Judges  are  bound  by  the  Canons  of  Judicial  Ethics. 
These  ethical  standards  specify  what  type  of  personal  conduct  is 
acceptable  in  conducting  judicial  affairs.  For  example,  a  Judge 
must  promptly  decide  pending  cases  (Canon  7),  refrain  from 
deciding  cases  involving  relatives  (Canon  13)  and  avoid  personal 
investments  in  enterprises  which  may  be  in\olved  in  litigation 
before  him  (Canon  26).  This  code  of  judicial  conduct  is  designed 
to  ensure  fairness  and  justice  for  all  the  people  who  use 
Montana's  courts.  The  Canons  of  Judicial  Ethics  specifically 
recognize  that  the  people  have  a  right  to  expect  Montana's  judges 
to  abide  by  the  ethical  standards  set  forth  in  the  Canons. 

Montana's  Judicial  Canons  have  been  in  effect  since  1963. 
However,  there  has  been  little,  if  any,  enforcement  of  the  canons. 
One  reason  the  canons  have  not  been  enforced  is  because  there 
has  been  no  public  entity  with  the  power  to  investigate  alleged 
judicial  misconduct. 

The  1972  Constitution  appeared  to  solve  this  problem  by 
creating  a  Judicial  Standards  Commission  (Article  VII,  Section 
1 1 ).  The  Commission  was  empowered  to  investigate  alleged  judi- 
cial misconduct  and  recommended  that  the  Supreme  Court  disci- 
pline the  offending  judge.  In  1982,  the  Montana  Supreme  Court 
ruled  that  the  Montana  Constitution  did  not  give  the  Judicial 
Standards  Commission  the  power  to  investigate  alleged  viola- 
tions of  the  Canons  of  Judicial  Ethics. 

Proposed  Constitutional  Amendment  13  gives  the  Judicial 
Standards  Commission  the  power  to  investigate  alleged  viola- 
tions of  the  Canons  of  Judicial  Ethics.  The  Commission  received 
eighteen  (18)  complaints  about  the  conduct  of  various  Montana 
judges  in  1981  and  1982.  Most  of  the  complaints  involved  alleged 
violations  of  the  Canons  of  Judicial  Ethics.  Proposed  Constitu- 
tional Amendment  13  will  allow  the  Commission  to  fully  investi- 
gate alleged  ethical  violations  and,  where  necessary,  recommend 
that  an  offending  judge  be  disciplined. 

The  public  does  have  a  right  to  expect  that  its  judges  abide  by 
the  code  of  conduct  set  forth  in  the  Canons  of  Judicial  Ethics. 
The  public  also  has  a  right  to  expect  that  alleged  unethical  con- 
duct will  be  fully  investigated  and  disciplinary  action  imposed  by 
the  Supreme  Court  when  necessary.  Proposed  Constitutional 
Amendment  13  will  ensure,  for  the  first  time,  that  the  Canons  of 
Judicial  Ethics  are  enforceable. 


Rebuttal  of  Argument  Against 
Constitutional  Amendment  No.  13 

The  opponents  to  Proposed  Constitutional  Amendment  13 
misrepresent  both  the  effect  and  the  purpose  of  the  amendment. 

Present  procedures  are  not  adequate  to  enforce  the  Canons  of 
Judicial  Ethics.  The  Supreme  Court  ruled  in  1982  that  the 
Montana  Constitution  did  not  give  the  Judicial  Standards  Com- 
mission the  authority  to  investigate  ethical  misconduct  by 
Judges.  Thus,  if  a  citizen  complains  that  a  Judge  has  violated  the 
Canons  of  Judicial  Ethics,  the  Judicial  Standards  Commission 
presently  has  no  authority  to  investigate  the  allegation  and,  if 
necessary,  recommend  appropriate  disciplinary  action. 

The  opponents  argue  that  impeachment  is  an  adequate  means 
of  dealing  with  judicial  misconduct.  The  opponents  argument  is 
without  merit. 

Impeachment  will  only  occur  where  a  public  official  is  guihy 
of  criminal  activity  or  gross  abuse  of  power  The  Canons  of 
Judicial  Ethics  establish  a  code  of  conduct  which,  if  followed, 
will  assure  the  public  of  fairness,  honesty  and  integrity  in  the 
judicial  process.  A  judge  who  violates  the  Canons  is  not  guilty  of 
a  crime  nor  would  the  violation,  in  most  instances,  constitute  a 
gross  abuse  of  power.  In  short,  most  ethical  violations  will  not 
result  in  impeachment. 

This  does  not  mean,  however,  that  judicial  ethics  violations 
should  go  unchallenged.  Ethical  misconduct  which  affects  the 
fairness,  honesty  or  integrity  of  the  judicial  process  should  be 
dealt  with  through  censure  or  suspension  from  office.  Proposed 
Constitutional  Amendment  13  allows  the  Judicial  Standards 
Commission  and  the  Supreme  Court  to  impose  appropriate  dis- 
ciplinary action  when  the  Canons  of  Judicial  Ethics  are  violated. 


These  Arguments  Prepared  by:  Senator  Fred  Van  Valkenburg, 
Missoula;  Representative  Gary  Spaeth,  Silesia;  and  Steve 
Brown,  Helena. 


HOW  THE  ISSUE  WILL  APPEAR  ON  THE  BALLOT: 
CONSTITUTIONAL  AMENDMENT  NO.  13 


I     I  FOR  amending  the  Montana  Constitution  to  allow  the  Montana  Supreme  Court  to 

—  discipline  judges  for  violating  rules  of  judicial  ethics  adopted  by  the  court. 

I     I  AGAINST  amending  the  Montana  Constitution  to  allow  the  Montana  Supreme 

—  Court  to  discipline  judges  for  violating  rules  of  judicial  ethics  adopted  by  the  court. 


NOTE:     The  ballot  title  was  written  by  the  Legislature  and  the  explanatory  statement  by  the  Attorney  General 
as  required  by  state  law.  The  complete  text  of  Constitutional  Amendment  No.  13  appears  on  page  12. 


Argument  Against 
Constitutional  Amendment  No.  13 

Constitutional  Amendment  13  proposed  to  make  an  Amend- 
ment in  the  Judicial  Article  of  The  Montana  Constitution  by 
adding  as  an  additional  ground  for  removal  of  a  judge  the  reason 
that  said  judge  violated  the  Canons  of  Judicial  Ethics  adopted  by 
the  Supreme  Court  of  the  State  of  Montana.  The  reasons  for 
opposing  said  Amendment  are: 

1.  The  Constitution  is  a  broad  principled  document  which 
should  not  include  specific  acts.  The  Canons  of  Judicial  Ethics 
adopted  by  the  Supreme  Court  is  formulated  by  the  American 
Bar  Association  and  presently  contains  36  separate  canons. 
Adoption  by  reference  of  each  of  the  canons  (which  are  subject 
to  change)  should  not  be  included  in  the  Constitution. 

2.  The  present  Constitutional  provision  for  disciplining  judges 
is  adequate  and  all  matters  are  left  in  hands  of  the  Judicial  Stand- 
ards Commission.  Montana's  Judiciary  simply  have  not  pro- 
vided any  reason  to  change  the  present  workable  system. 

3.  The  present  reason  for  disciplining  judges,  which  includes 
removal  from  office,  is  based  upon  cause  for  willful  misconduct 
in  office,  willful  and  persistent  failure  to  perform  his  duties,  or 
habitual  intemperance.  The  term  willful  misconduct  in  office 
has  been  judicially  interpreted  to  mean  "any  act  involving  moral 
turpitude,  or  any  act  which  is  contrary  to  justice,  honesty,  prin- 
ciple or  good  morals,  if  performed  by  virtue  of  office  or  by 
authority  of  office."  The  Canons  of  Judicial  Ethics  provide  no 
greater  cause  for  misconduct  in  office.  In  fact,  such  canons  as 
adopted  by  the  American  Bar  Association  are  to  serve  only  as  a 
"proper  guide  and  reminder  for  judges  and  is  indirectly  what  the 
people  have  a  right  to  expect  from  them."  One  is,  in  fact,  simply 
duplicative  of  the  present  habitual  intemperate  ground  for  re- 
moval in  the  Constitution  because  Canon  5  provides  a  Judge 
should  be  temperate." 

4.  A  Canon  governs  impositions  of  sentences  and  provides 
that  when  imposing  a  sentence  a  Judge  should  endeaver  to  con- 
form to  a  reasonable  standard  of  punishment  and  should  not 
seek  popularity  or  publicity  either  by  exceptional  severity  or  un- 
due leniency.  Such  standard,  if  it  is  one,  can  lead  to  discipline  of 
a  judge  over  criminal  sentences  by  the  Judicial  Commission. 
That  standard  is  unworkable.  Rather,  the  Judge's  decisions  in 
sentencing  should  be  governed  by  sentence  review  process  and  by 
the  electoral  process,  which  in  the  final  analysis  provides  safe- 
guard to  the  public  of  a  unpopular  Judge. 


5.  The  Constitutional  Convention,  and  the  people  approving 
the  1972  Constitution,  just  recently  reflected  upon  and  passed 
upon  Judicial  Standards  for  Judges.  For  judicial  misconduct 
outside  of  the  office  the  Constitution  in  Article  V,  Sec.  13,  re- 
served to  the  legislature,  either  through  impeachment  or  through 
further  legislative  action,  the  removal  of  public  officers,  includ- 
ing judicial  offices.  Thus,  another  method  is  provided  for  law 
for  removal  of  incompetent  judges  for  any  cause. 


Rebuttal  of  Argument  For 
Constitutional  Amendment  No.  13 

The  committee  has  chosen  to  not  write  a  rebuttal  statement. 


These  Arguments  Prepared  by:  Senator  Pete  Story,  Emigrant; 
Representative  Bob  Pavlovich,  Butte;  and  Representative  Fritz 
Daily,  Butte. 


CONSTITUTIONAL 
AMENDMENT  NO.  14 


AN  AMENDMENT 

TO  THE  CONSTITUTION 

PROPOSED  BY  THE  LEGISLATURE 


OmCIAL  BALLOT  TITLE 

AN  ACT  TO  SUBMIT  TO  THE  QUALIFIED  ELECTORS  OF  MONTANA 
AN  AMENDMENT  TO  ARTICLE  V,  SECTION  14,  OF  THE  MONTANA 
CONSTITUTION  TO  PROVIDE  THAT  THE  CONGRESSIONAL  DIS- 
TRICTS IN  MONTANA  BE  REDISTRICTED  WITHIN  90  DAYS  AFTER 
THE  OFFICIAL  FINAL  DECENNIAL  CENSUS  FIGURES  ARE  AVAIL- 
ABLE. 

Attorney  General's  Explanatory  Statement 

The  Legislature  submitted  this  proposal  for  a  vote.  It  would  amend  the 
Montana  Constitution  to  require  that  90  days  after  the  final  census  figures  are 
available,  the  Montana  Districting  and  Apportionment  Commission  must  com- 
plete its  final  plan  for  redistricting  congressional  districts.  Currently  the  Com- 
mission's redistricting  plan  must  be  submitted  to  the  Legislature  for  comment  at 
the  first  regular  session  after  its  appointment  or  after  the  census  figures  are 
available  before  the  final  plan  may  become  law.  This  proposal  would  eliminate 
the  need  for  legislative  comment  on  the  congressional  redistricting  plan,  but 
would  retain  the  requirement  for  the  legislative  redistricting  plan. 


Argument  For 
Constitutional  Amendment  No.  14 

The  1972  Montana  Constitution  provides  for  annual  sessions 
of  its  Legislature.  In  1974  a  referendum  was  passed  by  Montana 
voters  which  changed  the  sessions  of  the  Legislature  to  biennial 
sessions,  which  had  the  inadvertent  effect  of  delaying  Montana's 
reapportionment  schedule  by  one  year.  Only  Montana  and 
Maine  did  not  complete  their  congressional  redistricting  for  the 
1980  census  until  1983. 

The  1980  Montana  Districting  and  Apportionment  Commis- 
sion recommended  specific  legislation  to  speed  up  the  congres- 
sional redistricting  process  so  that  this  procedure  will  be 
completed  within  90  days  after  the  official  final  census  figures 
are  available.  The  1983  Montana  Legislature  responded  to  the 
Commission's  recommendation  by  passing  two  bills,  by  over- 
whelming margins,  necessary  to  implement  the  new  congres- 
sional redistricting  schedule.  The  Legislature  agreed  with  the 
Commission's  concern  that  Montana's  election  of  its  two  United 
States  Representatives  could  be  challenged  in  court  if  the  time 
schedule  for  redistricting  the  congressional  districts  was  not 
changed.  This  proposed  change  will  not  in  any  way  effect  the 
time  schedule  or  procedure  used  to  redistrict  the  Montana  State 
Senate  and  the  House  of  Representatives. 

A  series  of  federal  court  decisions  dating  back  to  1964  have 
held  that  states  must  attempt  to  achieve  "precise  mathematical 
equality"  justifying  "each  variance  no  matter  how  small"  in  con- 
gressional districts.  Between  the  1970  and  1980  federal  census, 
Montana's  western  congressional  district  experienced  an  increase 
in  population  and  the  eastern  district  a  decline  in  population. 
The  official  1980  census  data  for  Montana  was  ready  for  use  in 
early  1981,  yet  congressional  redistricting  was  not  completed 
until  1983  in  Montana  due  to  the  existing  problem  in  the  state 
law.  Legal  scholars  agree  that  Montana  was  in  violation  of  fed- 
eral court  decisions  in  the  1982  congressional  elections.  As 
Montana  has  only  two  congressional  districts  it  is  a  relatively 
simple  process  to  redistrict  the  state  into  congressional  districts. 
Constitutional  amendment  ffl4  will  correct  the  existing  problem 
by  requiring  the  Commission  to  complete  congressional  redis- 
tricting within  90  days  of  the  availability  of  the  final  official 
decennial  census  data.  By  approving  this  amendment,  Montana 
will  become  one  of  the  first  states  to  complete  the  required  con- 
gressional redistricting  instead  of  being  one  of  the  last. 


Rebuttal  of  Argument  Against 
Constitutional  Amendment  No.  14 

The  opposition  argument  that  the  legislature  now  has  thirty 
(30)  days  to  review  and  recommend  changes  in  both  legislative 
and  congressional  district  boundaries  proposed  by  the  Commis- 
sion is  correct  but  incomplete.  The  legislature  does  have  review 
authority,  but  the  Commission  is  under  no  obligation  to  accept 
any  recommendations  resulting  from  the  legislative  review  under 
the  current  law.  The  proposed  change  will  still  allow  for  legisla- 
tive review  of  Commission  proposed  legislative  boundaries. 
There  is  no  possibility  of  a  special  legislative  session  being  re- 
quired due  to  this  proposed  change  in  the  law. 

The  concern  expressed  in  the  opposition  argument  regarding 
the  ninety  (90)  day  deadline  for  drawing  the  congressioni  bound- 
ary is  purely  speculative  and  is  without  merit.  The  bipartison 
Commissiori,  that  has  experience  with  the  process,  unanimously 
recommend  the  ninety  (90)  day  deadline  be  placed  in  the  law  to 
avoid  any  legal  challenges.  The  Commission  could  hold  hearings 
in  10  to  15  locations  in  Montana  in  one  week. 

The  Commission  has  assured  the  legislature  that  drawing  one 
boundary  line  to  create  two  congressional  Districts  in  Montana 
is  a  simple  matter  and  can  be  accomplished  to  meet  the  constitu- 
tional requirement  of  the  "one  man,  one  vote"  rule  within  the 
time  limit  stated  in  this  proposed  law. 


These  Arguments  Prepared  by:     Senator  Larry  Tveit,  Fairview, 
Representative  Ray  Peck,  Havre;  and  Louise  Gait,  Helena. 


HOW  THE  ISSUE  WILL  APPEAR  ON  THE  BALLOT: 
CONSTITUTIONAL  AMENDMENT  NO.  14 


D 


FOR  requiring  the  congressional  redistricting  plan  to  be  finalized  within  90  days  after 
official  final  census  data  are  available  and  eliminating  provisions  for  legislative  com- 
ment. 


D 


AGAINST  requiring  the  congressional  redistricting  plan  to  be  finalized  within  90  days 
after  official  final  census  data  are  available  and  eliminating  provisions  for  legislative 
comment. 


NOTE:     The  ballot  title  was  written  by  the  Legislature  and  the  explanatory  statement  by  the  Attorney  General 
as  required  by  state  law.  The  complete  text  of  Constitutional  Amendment  No.  14  appears  on  page  12. 


Argument  Against 
Constitutional  Amendment  No. 


14 


Rebuttal  of  Argument  For 
Constitutional  Amendment  No. 


14 


The  legislature  currently  has  30  days  in  which  to  review  and 
recommend  changes  in  both  legislative  and  congressional  district 
boundaries  proposed  by  the  Reapportionment  Commission.  If 
this  resolution  is  adopted,  legislative  review  of  the  Commission's 
proposed  changes  in  congressional  district  boundaries  may  be 
eliminated  or  could  require  costly  special  legislative  sessions.  In 
addition,  removal  of  legislative  review  with  respect  to  congres- 
sional districts  results  in  unequal  treatment  of  legislators  and 
congressmen  for  no  apparent  reason. 

The  strict  90-day  deadline  established  in  the  resolution  for  the 
submission  of  the  final  congressional  reapportionment  plan  may 
not  be  sufficient  time  to  allow  for  full  consideration  of  all 
boundary  options  available  to  the  Commission.  More  impor- 
tantly, the  limited  time-frame  may  prevent  the  commission  from 
holding  geographically  dispersed  hearings  to  solicit  public  opi- 
nion. 

The  United  States  Supreme  Court  has  ruled  in  Mahan  v.  Ho- 
well. 410  U.S.  315  (1973)  that  "strict  proportionality"  is  required 
in  the  formation  of  congressional  districts  in  order  to  meet  the 
constitutional  requirements  of  "one  man,  one  vote."  Passage  of 
this  resolution  containing  the  90-day  deadline  for  the  formation 
of  congressional  district  boundaries  may  not  allow  the  Reappor- 
tionment Commission  sufficient  time  to  develop  a  plan  which 
meets  the  "strict  proportionality"  standard  established  by  the 
U.S.  Supreme  Court  and  the  "one  man,  one  vote,"  requirements 
of  the  Montana  and  the  United  States  Constitutions. 


The  proponents  of  Constitutional  Amendment  #14  argue  that 
this  resolution  is  necessary  to  speed-up  the  Congressional  Redis- 
tricting process  and  achieve  the  mathematical  equality  required 
by  federal  court  decisions.  However,  the  proponents  have  failed 
to  document  (1)  the  need  or  reason  for  treating  Congressmen 
different  than  legislators  with  respect  to  legislative  review  of  pro- 
posed district  boundaries,  or  (2)  whether  sufficient  public  parti- 
cipation will  be  provided  for  prior  to  the  90  day  deadline. 

It  is  precisely  because  this  resolution  allows  for  possible  imple- 
mentation of  a  Congressional  Reapportionment  Plan  without 
legislative  review  and  leaves  open  the  possibility  of  inadequate 
public  participation  that  the  resolution,  as  written,  should  be 
defeated. 


These  Arguments  Prepared  by;  Senator  Mike  Halligan,  Mis- 
soula; Representative  Bernie  Swift,  Hamilton;  and  Representa- 
tive Bob  Thoft,  Stevensville. 


CONSTITUTIONAL 
INITIATIVE  NO.  23 


AN  AMENDMENT 

TO  THE  CONSTITUTION 

PROPOSED  BY  INITIATIVE  PETITION 


OFFICIAL  BALLOT  TITLE 
AND 

Attorney  General's  Explanatory  Statement 

THIS  INITIATIVE  WOULD  AMEND  THE  MONTANA  CONSTITU- 
TION TO  DIRECT  THE  1985  LEGISLATURE  TO  ADOPT  A  RESO- 
LUTION REQUESTING  CONGRESS  TO  CALL  A  CONSTITU- 
TIONAL CONVENTION  FOR  THE  PURPOSE  OF  ADOPTING  A 
BALANCED  BUDGET  AMENDMENT  THE  INITIATIVE  WOULD 
ALSO  REQUIRE  THAT  IF  THE  RESOLUTION  IS  NOT  ADOPTED 
WITHIN  NINETY  LEGISLATIVE  DAYS,  THE  LEGISLATURE 
SHALL  REMAIN  IN  SESSION  WITHOUT  COMPENSATION  TO 
ITS  MEMBERS,  AND  WITH  NO  RECESS  IN  EXCESS  OF  THREE 
CALENDAR  DAYS,  UNTIL  THE  RESOLUTION  IS  ADOPTED. 
THE  INITIATIVE  WOULD  BECOME  VOID  IF  THE  CONVENTION 
IS  NOT  LIMITED  TO  THE  SUBJECT  OF  A  BALANCED  BUDGET 
OR  IF  CONGRESS  ITSELF  PROPOSES  A  SIMILAR  AMEND- 
MENT 


Argument  For 
Constitutional  Initiative  No. 


23 


By  the  time  you  finish  reading  this,  the  national  debt  will 
increase  by  $1,020,000. 

The  federal  government  is  spending  almost  $200  billion  a  year 
more  than  it  takes  in  .  .  .  and  that's  bad  business.  Every  dollar 
the  federal  government  borrows  drives  up  interest  rates,  hurts 
Montanans  who  need  to  buy  a  home,  farm  or  car,  and  takes 
away  jobs  from  Montanans.  And  it  makes  everything  you  buy 
cost  more. 

For  over  15  years  we've  tried  to  balance  the  budget  -  and 
failed. 

In  that  time  we've  suffered  three  recessions,  runaway  infla- 
tion, record-breaking  high  interest  rates,  and  severe  unemploy- 
ment. 

Deficit  spending  is  the  biggest  threat  to  your  economic  secu- 
rity and  future  generations  of  Montanans. 

And,  it's  getting  worse.  During  the  1960's,  deficits  averaged  $6 
billion  per  year.  During  the  '70's,  deficits  averaged  $35  billion  per 
year.  Last  year,  the  deficit  was  $208  billion! 

The  interest  on  the  federal  debt  is  $150  billion  per  year  -  the 
third  largest  item  in  the  federal  budget. 

Just  like  any  family  or  business,  the  American  government 
can't  go  on  forever  spending  beyond  its  means.  We're  lucky  in 
Montana.  Our  state  constitution  requires  a  balanced  budget. 
Because  of  this  requirement,  the  governor  and  the  state  legisla- 
ture are  limited  in  the  amount  they  can  spend.  Almost  every 
other  state  in  the  country  has  a  balanced  budget  requirement. 
These  constitutional  limits  on  spending  have  worked  well. 

This  initiative  asks  the  Montana  legislature  to  send  a  balanced 
federal  budget  resolution  to  Congress.  The  resolution  asks  Con- 
gress to  pass  a  balanced  federal  budget  amendment,  or  if  Con- 
gress fails  to  pass  the  amendment,  call  a  limited  constitutional 
convention  for  the  sole  purpose  of  proposing  a  balanced  budget 
amendment.  The  amendment  would  be  phased  in  and  have  ex- 
ceptions for  emergencies.  It  would  become  law  only  after  it  is 
ratified  by  38  of  the  50  states. 

If  the  legislature  doesn't  adopt  the  resolution  by  the  end  of  its 
regular  session,  the  legislators  must  stay  in  session  and  serve 
without  pay  to  discuss  and  deliberate  on  the  balanced  budget 
amendment  resolution.  No  other  issues  could  be  discussed  at  this 
time.  They  would  go  out  of  session  when  the  balanced  budget 
resolution  is  approved. 

Thirty-two  states  have  already  passed  similar  resolutions.  Just 
two  more  states  are  needed  to  force  proposal  of  the  balanced 
federal  budget  amendment.  Montana  has  a  chance  to  play  an 
historic  role  in  forcing  government  to  be  fiscally  responsible. 


If  the  balanced  federal  budget  amendment  passes,  you  will 
benefit  from  a  healthier  economy,  less  unemployment  and  more 
jobs. 

A  balanced  budget  amendment  would  permanently  protect  us 
from  irresponsible  and  wasteful  spending  by  Congress. 

Some  of  the  organizations  that  have  endorsed  the  initiative 
include  the  Montana  Association  of  Realtors,  Montana  Stock- 
growers  Association,  the  Montana  Farm  Bureau  Federation,  the 
Montana  Chamber  of  Commerce,  and  many  others. 

The  federal  government  has  ignored  taxpayers  for  too  long.  A 
vote  for  the  balanced  federal  budget  initiative  will  force  govern- 
ment to  listen  to  us. 

Rebuttal  of  the  Argument  Against 
Constitutional  Initiative  No.  23 

This  initiative  is  the  best  way  for  the  people  to  voice  their 
opinion  on  the  balanced  federal  budget  constitutional  amend- 
ment. The  people  have  the  right  to  act  when  government  has 
ignored  their  wishes. 

Former  U.S.  Senator  Sam  Ervin,  a  Constitutional  scholar, 
says  that  the  scare  tactic  of  an  open  convention  is  "just  a  non- 
existent Constitutional  ghost  conjured  up  by  people  who  are 
opposed  to  balancing  the  budget." 

Former  U.S.  Attorney  General  Griffin  B.  Bell  thinks  "the 
Convention  can  be  limited  ...  the  fact  is  that  the  majority  of 
the  (legal)  scholars  in  America  share  my  view."  The  American 
Bar  Association  says  that  Congress  has  the  power  to  limit  a 
Constitutional  Convention  to  the  Balanced  Budget  Amendment 
topic  only  The  32  state  resolutions  are  limited  to  this  one  sub- 
ject. 

The  U.S.  Senate  Judiciary  Committee  has  unanimously  ap- 
proved legislation  which  would  limit  the  Convention  to  this  one 
topic. 

Even  if  other  amendments  could  be  proposed,  they  would 
mean  nothing.  A  constitutional  amendment  must  be  approved 
by  three-quarters  of  the  states  before  becoming  law.  Does  any- 
one seriously  suggest  that  a  proposal  that  goes  against  the  funda- 
mental beliefs  of  Americans  will  gain  the  approval  of  38  states? 
Obvisouly  not! 

The  opponents  admit  that  the  budget  must  be  brought  under 
control,  but  offer  no  solution. 

Action  by  the  states  is  the  only  way  of  making  Congress  fis- 
cally responsible.  Special  interests  have  blocked  passage  of  the 
necessary  balanced  federal  budget  resolution  in  the  state  legisla- 
ture. Thus,  the  initiative  process-once  again-is  the  people's  only 
recourse. 

These  Arguments  Prepared  by:     Larry  Williams,   Kalispell; 
Cliff  Christian,  Helena;  and  Congressman  Ron  Marlenee,  Sco- 

bey. 


HOW  THE  ISSUE  WILL  APPEAR  ON  THE  BALLOT: 
CONSTITUTIONAL  INITIATIVE  NO.  23 


D 


FOR  amending  the  Montana  Constitution  to  direct  the  Legislature  to  request  that 
Congress  call  a  constitutional  convention  to  propose  a  balanced  federal  budget 
amendment. 


I — I      AGAINST  amending  the  Montana  Constitution  to  direct  the  Legislature  to  request 
—      that  Congress  call  a  constitutional  convention  to  propose  a  balanced  federal  budget 
amendment. 


NOTE:     The  ballot  title  and  explanatory  statement  was  written  by  the  Attorney  General  as  required  by  state 
law.  The  complete  text  of  Constitutional  Initiative  No.  23  appears  on  pages  12  and  13. 


Argument  Against 
Constitutional  Initiative  No.  23 

This  Constitutional  Initiative  No.  23  should  be  defeated  be- 
cause it  attempts  to  change  our  State  Constitution  in  a  manner 
dangerous  to  representative  government.  It  would  amend  our 
State  Constitution,  forcing  the  legislature  in  a  continuing  resolu- 
tion to  deliver  an  ultimatum  to  Congress  and  it  proposes  ridicu- 
lous and  unworkable  punishment  of  legislators  who  oppose  it.  In 
attempting  to  amend  the  National  Constitution  it  violates  our 
Montana  Constitutions  carefully  balanced  allocation  of  powers. 

Vote  "no"  to  calling  a  federal  constitution  convention!  There 
are  now  some  60  proposals  from  single-issue  groups  to  amend 
the  federal  constitution  on  such  issues  as  gun  control,  abortion, 
school  prayer,  and  on  and  on.  Calling  a  constitutional  conven- 
tion to  require  a  balanced  budget  could  open  the  constitution  to 
these  issues  as  well  as  state's  rights  to  set  their  own  taxes 
(Montana's  coal  tax  for  example,  and  other  issues).  Many  legal 
scholars  believe  there  is  no  way  to  limit  such  a  convention  once  it 
is  convened.  There  has  not  been  a  national  constitutional  con- 
vention since  the  original.  It  is  neither  necessary  nor  desirable  to 
have  one  now. 

The  "balanced  budget"  approach  of  this  initiative  suggests  a 
noble  purpose  but  bypassing  the  legislative  process  is  a  shocking 
change  in  American  law-making.  The  legislature,  after  due  de- 
liberation, has  rejected  this  proposal,  not  because  of  the  bal- 
anced budget  idea,  but  because  it  carries  an  alternative 
ultimatum  calling  for  a  constitutional  convention. 

Congress  may  be  the  problem;  the  president  may  be  the  prob- 
lem, the  constitution  is  not  the  problem.  It  is  irresponsible  to 
have  hundreds  of  billions  of  dollars  of  deficits;  it  is  even  more 
irresponsible  to  blame  and  tamper  with  the  constitution.  You 
balance  budgets  by  cutting  spending,  increasing  ta.xes  or  both, 
not  by  writing  a  constitutional  amendment.  We  need  prudent 
fiscal  policy  in  1984.  The  Amendment  proposal  is  a  way  of 
sweeping  the  problem  under  the  carpet  for  a  minimum  of  seven 
years  while  some  of  its  advocates  continue  to  avoid  tough  taxing 
and  spending  decisions. 

We  appeal  to  all  thinking  voters  to  consider  the  effects  of  this 
initiative  and  to  defeat  it. 


Rebuttal  of  Argument  For 
Constitutional  Initiative  23 

I  nitiative  23  is  iiof  a  request  to  Congress  to  balance  the  budget . 

It  is  not  a  balanced  budget  initiative. 

It  is  a  good  looking  apple  pie-full  of  worms. 

Worm  1:  If  34  states  petition  Congress  to  call  a  Constitutional 
Convention,  Congress  must  call  one.  This  convention  would  not 
be  advisory  and  cannot  be  limited  to  one  subject.  Every  radical 
group  in  the  country  would  fight  to  get  its  agenda  into  the  New 
U.S.  Constitution. 

Worm  2:  To  do  this.  Initiative  23  would  force  the  Montana 
Legislature  into  special  session  at  a  cost  of  $82,000  a  week. 

Make  the  politicians  tell  the  truth;  read  the  small  print. 

Worm  3:  Calling  a  constitutional  convention  would  only  give 
the  illusion  of  doing  something  to  balance  the  budget.  It  would 
decrease,  not  increase  pressure  to  get  rid  of  deficits. 

President  Ford's  Budget  Director  Roy  Ash — who  strongly  op- 
poses the  huge  deficits-says  about  this  approach:  "(T)he  illusion 
of  action  will  relieve  pressure  to  actually  do  the  job  thai  has  to  be 
done  now.  Spending  and  taxing  can  go  their  merry  unabated 
way,  and  the  deficit  will  become  totally  out  of  control.  All  the 
while  politicians  can  claim  they  have  taken  decisive  action.  We 
don't  need  political  illusions—we  need  action." 

With  illusory  "budget  cuts"  like  transferring  highway  con- 
struction to  the  States,  Montana  taxes  would  increase.  "Regula- 
tory spending"-could  put  the  budget  into  so-called  "balance" 
by  requring  businesses  and  individuals  to  directly  provide  retire- 
ment and  health  care  costs  now  funded  by  Social  Security 


These  Arguments  Prepared  by:  Senator  Bill  Norman,  Mis- 
soula; Willa  Dale  Evans,  Roundup;  Senator  Matt  Himsl,  Kalis- 
pell;  Terry  Murphy,  Great  Falls;  and  Bob  Watt,  Missoula. 


INITIATIVE 
NO.  96 


OFnCIAL  BALLOT  TITLE 
AND 

Attorney  General's  Explanatory  Statement 

THIS  INITIATIVE  WOULD  ABOLISH  THE  STATE  BOARD  OF 
MILK  CONTROL  AND  ELIMINATE  STATE  CONTROL  OF  THE 
PRICE  OF  MILK.  THE  INITIATIVE  WOULD  ALSO  DO  AWAY 
WITH  CERTAIN  LICENSE  REQUIREMENTS  AND  OTHER  REG- 
ULATIONS ON  THE  SALE  OF  MILK. 


A  LAW  PROPOSED 
BY  INITIATIVE  PETITION 


Argument  For 
Initiative  No.  96 


Montana  voters  will  have  a  chance  this  November  to  abolish 
the  Milk  Control  Board  and  the  price  controls  on  milk  set  by  the 
Board.  The  result  will  be  lower  milk  prices  for  consumers. 

Under  current  Montana  law,  it  is  illegal  to  sell  milk  for  less 
than  the  minimum  price.  It  is  illegal  to  put  milk  on  sale  or  sell 
cheaper  brands.  Montana  has  some  of  the  highest  milk  prices  in 
the  country,  despite  the  fact  that  Montana  is  a  dairy  state.  In 
August,  the  minimum  price,  set  by  the  Board  of  Milk  Control, 
was  $2.63  for  a  gallon  of  whole  milk.  Neighboring  states  had 
milk  available  for  normal,  non-sale  prices  of  between  $1.85  and 
$2.45,  and  even  lower  sale  prices.  Inexpensive  store  brand  milk, 
and  milk  on  sale,  will  be  available  in  most  supermarkets  under 
price  decontrol. 

These  unfair  regulations  hurt  consumers,  especially  low  in- 
come consumers  such  as  senior  citizens  and  familes  with 
children.  Artificially  high  milk  prices  mean  that  shoppers  find 
that  their  money  buys  less  in  the  supermarket.  And  families  have 
less  nutritious  meals  at  home,  because  consumers  buy  less  fresh 
milk.  Many  low  income  families  must  buy  powdered  milk  (which 
is  shipped  in  from  out  of  state),  because  they  can't  afford  fresh 
milk. 

Milk  price  controls  were  a  New  Deal  era  program  enacted 
during  the  Great  Depression.  They  were  supposed  to  be  tem- 
porary But,  when  conditions  returned  to  normal  during  the 
1940s,  they  were  not  ended.  Instead,  they  became  permanent. 
While  most  states  have  been  moving  away  from  price  controls, 
Montana  remains  one  of  the  few  states  with  controls  at  all  levels  - 
-  retail,  wholesale  and  producer  levels. 

Milk  prices  fell  in  other  states  following  decontrol,  and  remain 
cheaper  than  in  Montana. 

The  Milk  Control  Board  does  not  set  maximum  prices,  so 
there  is  no  reason  to  expect  prices  to  rise  following  decontrol. 
Even  though  it  is  legal  to  sell  milk  for  more  than  the  minimum 
price,  few  stores  take  that  opportunity,  even  in  small  towns. 
That's  because  the  minimum  price  is  set  far  above  the  market 
supply  and  demand  level. 

Fresh  milk  will  continue  to  be  available  throughout  Montana, 
just  like  eggs  and  bread  and  fruit  and  vegetables,  none  of  which 
have  price  controls.  The  Department  of  Livestock  maintains 
quality  controls  on  milk,  and  Initiative  96  will  not  affect  or  alter 
health  or  freshness  standards. 

The  politically  powerful  dairy  lobby  has  succeeded  for  dec- 
ades in  protecting  its  special  interest  privileges.  Unlike  other 
businesses,  the  dairy  industry  is  protected  from  price  competi- 
tion, and  is  guaranteed  high  prices.  And  yet  price  decontrol  will 


not  be  ruinous  for  the  industry.  No  industry  can  remain  healthy 
and  efficient  for  long  if  it  is  protected  from  competition. 
Further,  lower  retail  prices  will  increase  consumption  of  fresh 
milk,  and  allow  Montana  producers  to  sell  more  milk.  The  dairy 
industry  can  survive  price  competition. 

Please  help  us  get  rid  of  these  anti-competitive  price  controls. 
Vote  for  1-96,  the  Milk  Price  Decontrol  Initiative.  Thank  you. 


Rebuttal  of  Argument  Against 
Initiative  No.  96 

The  arguments  of  opponents  of  milk  price  decontrol  are  fac- 
tually incorrect  and  self-contradictory.  First,  they  say  milk  prices 
increased  in  slates  that  decontrolled.  This  is  incorrect.  The  states 
that  decontrolled  include  Alabama,  California,  Florida,  Geor- 
gia, Louisiana,  Mississippi,  New  Hampshire,  New  Jersey,  Ore- 
gon, Rhode  Island,  South  Carolina,  South  Dakota,  Vermont, 
Virginia,  and  Wyoming.  Prices  are  lower  because  of  decontrol- 
and  are  lower  than  prices  in  Montana.  You  can  confirm  this  by 
talking  with  friends  and  relatives  in  these  states. 

Then,  they  say  decontrol  will  drive  dairymen  out  of  business. 
How  can  higher  prices  drive  dairymen  out  of  business?  Their 
second  argument  contradicts  their  first  argument.  The  fact  is 
decontrol  will  lower  prices  to  consumers.  With  lower  prices,  con- 
sumers will  buy  more  milk.  Therefore,  there  will  be  more  busi- 
ness, not  less,  for  dairymen. 

Opponents  of  decontrol  say  decontrol  of  other  industries 
raised  prices.  This  is  wrong.  Long-distance  telephone  rates  are 
lower.  Airline  fares  are  lower.  Trucking  rates  are  lower  Gasoline 
prices  are  low  er.  Before  decontrol ,  gasoline  was  $  1 .  30  per  gallon . 
Today,  even  with  higher  gasoline  taxes,  it's  down  to  $1.10  per 
gallon. 

It's  a  shame  some  in  the  dairy  industry  are  afraid  of  decontrol. 
Why  don't  they  think  they  can  meet  competition  like  other  busi- 
nesses? Do  they  think  they  are  that  inefficient?  Or,  after  50  years 
of  protection  from  price  competition,  have  they  simply  forgot- 
ten what  it's  like  to  compete? 

Again,  we  urge  you  to  vote  YES  on  Milk  Price  Decontrol, 
Initiative  96. 


These  Arguments  Prepared  by:     Don  Doig,  Bozeman;  Clifford 
Thies,  Great  Falls;  and  Jim  McLean,  Anaconda. 


HOW  THE  ISSUE  WILL  APPEAR  ON  THE  BALLOT: 
INITIATIVE  NO.  96 


I — I      FOR  abolishing  the  State  Board  of  Milk  Control  and  eliminating  state  regulation  of 
milk  prices. 

I — I      AGAINST  abolishing  the  State  Board  of  Milk  Control  and  eliminating  the  state 
regulation  of  milk  prices. 


NOTE:     The  ballot  title  and  explanatory  statement  was  written  by  the  Attorney  General  as  required  by  state 
law.  The  complete  text  of  Initiative  No.  96  appears  on  page  13. 


Argument  Against 
Initiative  No.  96 

Repeal  of  the  Milk  Control  Law  will  not  guarantee  lower  milk 
prices.  In  fact,  experience  in  other  states  proves  that  prices  are 
generally  higher  after  decontrol.  Decontrol  will  also  assure  con- 
trol of  the  milk  industry  by  large  out-of-state  interests. 

Every  Montanan  is  already  paying  more  for  the  decontrol  of 
the  telephone  company,  railroads,  airlines,  banks,  and  other  in- 
dustries by  higher  prices  and  less  service. 

The  Governor  and  his  staff  are  working  to  build  Montana  and 
its  small  industries  through  the  Build  Montana  program.  Repeal 
of  the  Milk  Control  Law  will  eliminate  at  least  four  hundred  jobs 
with  a  $5  milHon  dollar  payroll  in  the  dairy  industry  alone,  and 
of  course  many  allied  service  jobs;  and  product  loss  will  be  expe- 
rienced. Also  in  jeopardy  with  decontrol  would  be  a  $300  million 
investment  by  producers  who  produce  a  raw  product  valued  at 
$50  million  at  the  farm. 

With  only  1.5  people  per  square  mile  in  rural  areas,  under  milk 
control  they  have  received  adequate  service  and  high  quality 
wholesome  milk  at  the  same  price  as  provided  in  urban  areas. 

Many  years  ago,  the  Montana  Legislature,  after  extensive  in- 
vestigation, found  that  the  milk  industry  affected  the  public  in- 
terest, health  and  welfare,  and  it  therefore  must  be  regulated  in 
order  to  ensure  to  the  consumers  of  Montana  an  adequate  supply 
of  wholesome  milk  at  a  reasonable  price.  The  Legislature  has 
reaffirmed  this  finding  in  almost  all  succeeding  sessions. 

The  Board  of  Milk  Control  is  composed  of  five  consumer 
members  with  absolutely  no  ties  or  connections  to  the  dairy  in- 
dustry The  Board  and  the  Legislature  found  that  the  objectives 
of  the  law  were  best  accomplished  by  pricing  milk  at  all  levels  by 
economic  formula,  adopted  and  administered  by  this  consumer 
Board.  Milk  pricing  is  a  small  part  of  the  total  function  of  this 
Board.  It  also  audits  all  payments  to  dairy  farmers  to  assure 
proper  payment  for  the  milk  delivered  to  the  processor.  It  en- 
forces fair  trade  rules,  monitors  quality  of  the  product,  holds 
public  hearings  for  the  benefit  of  the  public,  and  regulates 
charges  for  hauling  of  milk  from  farm  to  plant  and  from  plant  to 
plant.  All  costs  of  administration  of  this  Board  and  its  staff  are 
assessed  and  collected  from  the  dairy  farmers  and  distributors. 

Ninety-five  percent  of  the  milk  produced  in  the  United  States 
is  under  federal  control.  A  vote  for  Initiative  96  is  a  vote  for 
federal  control  in  Montana. 

The  dairy  farmers  and  processors  of  Montana  urge  you  to 
VOTE  NO  on  Initiative  96,  to  protect  a  viable  industry  and  the 
consumers  of  Montana. 


Rebuttal  of  Argument  For 
Initiative  No.  96 

Contrary  to  statements  by  the  proponents  (Jefferson  Al- 
liance/Libertarians), Montana  does  not  have  the  highest  milk 
prices  in  the  country,  but  average  to  lower  prices  in  many  in- 
stances, particularly  in  rural  areas. 

The  proponents  also  stated  that  Montana  is  a  "dairy  state" 
when  the  fact  is  that  Montana  is  a  very  marginal  dairy  state.  For 
example  North  Dakota  produces  more  milk  monthly  than 
Montana  does  annually 

A  current  survey  of  prices  in  Wyoming  indicates  the  prevailing 
price  of  a  '/:  gallon  of  whole  milk  ranges  from  $1 .28  in  Riverton 
to  $1.35  in  Cody  Montana's  current  price  is  $1.32.  The  propo- 
nents use  unsubstantiated  figures  that  may  or  may  not  be  repre- 
sentative of  prevailing  prices  in  any  particular  area.  If  it  is  true, 
as  alleged,  that  milk  prices  are  higher  in  Montana,  why  haven't 
the  proponents  appeared  at  hearings  before  the  Milk  Control 
Board  with  their  evidence  to  protect  the  consumers  they  now  are 
so  concerned  about? 

It  is  not  true  conditions  returned  to  normal  in  the  1940's,  and 
that  milk  price  controls  were  supposed  to  be  temporary.  The 
purpose  of  milk  price  control  was  to  permanently  stabilize  the 
milk  industry  and  ensure  that  wholesome  milk  is  available  at  a 
reasonable  price  to  everyone. 

The  issues  are  Higher  vs.  Lower  milk  prices.  Federal  vs.  State 
control,  and  domination  of  the  milk  industry  by  out-of-state 
interests.  A  vote  for  Initiative  96  is  a  vote  for  higher  prices. 
federal  control,  and  out-of-state  domination.  Vote  agamst  Initia- 
tive  96. 


These  Arguments  Prepared  by:  Senator  Paul  Boylan,  Boze- 
man;  Harry  Mitchell,  Great  Falls;  Kenneth  M.  Kelly,  Helena; 
James  Fleming,  Kalispell;  and  Marvelle  Cole,  Billings. 


INITIATIVE 

NO.  97 


A  LAW  PROPOSED 
BY  INITIATIVE  PETITION 


OFFICIAL  BALLOT  TITLE 
AND 

Attorney  General's  Explanatory  Statement 

THIS  INITIATIVE  WOULD  PERMIT  THE  STATE  LICENSING  OF 
DENTURISTS  TO  MAKE,  FIT  REPAIR  AND  FURNISH  DEN- 
TURES TO  THE  PUBLIC.  IT  WOULD  SET  STANDARDS  FOR  THE 
ISSUING  OF  LICENSES  TO  DENTURISTS  AND  FOR  THE  CON- 
DUCT OF  THEIR  PRACTICE.  IT  WOULD  CREATE  A  STATE 
BOARD  OF  DENTURITRY  TO  ADMINISTER  E.XAMIN.ATIONS 
TO  APPLICANTS  FOR  LICENSES,  AND  TO  COLLECT  FEES  FOR 
ISSUING  AND  RENEWING  LICENSES.  THE  INITIATIVE 
WOULD  EXEMPT  LICENSED  DENTURISTS  FROM  THE  DEN- 
TAL PRACTICES  ACT  AND  WOULD  AMEND  SECTIONS  37-4- 
103,  37-14-102  AND  37-14-301,  MCA. 


Argument  For 
Initiative  No.  97 

When  Montanans  vote  for  INITIATIVE  97,  the  Freedom  of 
Choice  in  Denture  Services  Act,  they  will  end  Dentistry's  monop- 
oly over  the  sale  of  dentures,  a  product  very  rarely  if  ever  con- 
structed by  dentists! 

INITIATIVE  97  establishes  a  proven  safe,  economical  al- 
ternative for  denture  care  by  permitting  the  state  licensing  of 
denturists  to  make,  fit,  repair  and  furnish  removable,  full  and 
partial  dentures  directly  to  the  public.  As  a  result  savings  of  50°7o 
or  more  can  be  realized. 

INITIATIVE  97  requires  denturists  to  have  special  education 
and  training,  then  pass  a  strict,  written  and  practical  test  before 
receiving  a  state  license.  The  educational  requirements  are  the 
strongest,  most  comprehensive  for  denturists  anywhere.  The  re- 
quired courses  have  been  taken  by  Montana's  denturists  at  Idaho 
State  University-Pocatello  through  the  dental  school  program 
which  is  recognized  and  accredited  in  all  50  states  and  Canada. 
Montana's  denturists  are  educationally  qualified  to  work  directly 
with  the  public  and  recognize  abnormalities  that  should  be  re- 
ferred for  treatment. 

Canada  has  had  denturist  legislation  for  almost  25  years  with 
never  a  single  malpractice  case  filed  against  a  denturist.  Four 
western  states  have  denturist  legislation;  they  are  Arizona,  Col- 
orado, Oregon  and  Idaho  with  more  states  soon  to  follow. 

INITIATIVE  97  is  consumer  oriented,  requiring  an  uncondi- 
tional guarantee  on  all  denturists'  services  and  a  series  of  many 
other  consumer  protection  clauses  insuring  highest  quality 

INITIATIVE  97  will  establish  a  Board  of  Denturitry  consist- 
ing of  denturists  and  two  lay  person  watchdogs  for  the  con- 
sumer. In  effect,  this  will  end  dentistry's  control  over  the  sale  of 
partials  and  dentures  allowing  competition,  not  a  monopoly,  to 
determine  the  cost  of  health  care. 

The  Board  will  operate  at  NO  COST  TO  TAXPAYERS,  sup- 
ported by  licensing  and  renewal  fees  from  licensed  denturists. 
This  same  method  of  funding  a  Board  has  been  proven  success- 
ful in  Idaho.  Also,  taxpayers  will  benefit  by  reduced  fees  for 
State  Medicaid  and  Workmans  Compensation  claims  for  den- 
ture care  and  by  the  establishment  of  new  denturist  businesses 
which  will  add  to  Montana's  ta.x  base. 

People  with  dental  insurance  will  also  benefit  by  having  their 
out-of-pocket  costs  cut  by  50<^o  or  more.  The  door  would  also  be 
opened  for  insurance  companies  to  lower  premiums  because 
their  payouts  for  denture  care  would  be  reduced  significantly. 

Idaho  passed  a  similar  measure  in  1982.  Many  Montanans 
now  spend  hundreds  of  thousands  of  dollars  a  year  going  to 
Idaho  and  Canada  seeking  economical  denture  services.  That's 
not  fair  to  Montana's  economy,  or  Montanans,  when  our  friends 
and  neighbors  are  forced  to  leave  home  for  affordable  denture 


services.  Whether  Montanans  can  or  cannot  afford  the  current 
high  cost  of  denture  care  is  not  the  question,  but  being  allowed  to 
BUY  MONTANAN  is  definitely  the  answer! 

INITIATIVE  97  will  be  a  step  not  only  toward  containing 
skyrocketing  health  care  costs,  but  actually  reducing  these  costs 
dramatically. 

John  Hancock  once  took  an  opportunity  to  endorse 
"FREEDOM  OF  CHOICE".  Montanans  should  now  take  the 
opportunity  to  endorse  FREEDOM  OF  CHOICE  IN  DEN- 
TURE CARE  by  voting  FOR  INITIATIVE  97. 

Rebuttal  of  Arguments  Against 
Initiative  No.  97 

MONTANA'S  SENIOR  CITIZENS  ASSOCIATION, 
A.A.R.R,  MONTANA  and  NATIONAL  FARMERS  UNIONS, 
A.EL.-CI.O.,  GOVERNOR'S  ADVISORY  COUNCIL  ON 
AGING,  recognized  associations  and  professionals  support  INI- 
TIATIVE 97.  They  are  Montanans  interested  in  safely  reducing 
the  costs  of  quality  health  care. 

Leading  medical  researchers  and  The  Journal  of  Prosthetic 
Dentistry  as  recently  as  August,  1984,  report  dentures  do  not 
contribute  to  oral  cancer.  Montana's  dental  community  should 
not  mislead,  but  should  educate  the  public  on  this  serious  sub- 
ject! By  law,  Montana  dentists  cannot  guarantee  their  services. 
With  INITIATIVE  97,  more  consumer  health  safeguards  are 
established  to  insure  the  highest  quality  care. 

Montana  Denturists  (not  taxpayers)  will  fund  Montana's  Den- 
turitry Board  (SEE  FISCAL  NOTE).  Oregon's  licensing 
authorities  report  INITIATIVE  97's  opponents  used  incorrect 
figures.  Oregon's  program  is  funded  entirely  by  denturists  licens- 
ing fees. 

INITIATIVE  97  conforms  to  Montana  law  requiring  the  gov- 
ernor to  appoint  members  to  all  boards  (See  SECTION  7.) 

Denturists,  dentists  and  dental  technicians  coexist  elsewhere. 
INITIATIVE  97  regulates  denturists,  not  the  dental  community. 
Montana  dental  technicians  will  benefit  when  more  dentists  keep 
their  laboratory  work  in  Montana  to  effectively  compete  with 
denturists. 

Nearly  40,000  Montanans,  recognizing  skyrocketing  costs  of 
quality  denture  care,  signed  INITIATIVE  97  enabling  all  Mon- 
tanans to  vote  "Yes"  on  this  measure.  Both  major  political  par- 
ties endorse  the  initiative  process,  the  ultimate  form  of  self 
government. 

The  current  .Montana  denture  delivery  system  is  inadequate, 
forcing  Montanans  to  seek  affordable  quality  denture  services  in 
Idaho,  Canada  and  elsewhere.  A  "Yes"  vote  on  97  will  keep 
Montana  dollars  at  home. 

VOTE  FOR  97! 


These  Arguments  Prepared  by:     Lee  Wiser,  Livingston;  S. 
(Doc)  Hocking,  Bigfork;  and  Dorothy  Garvin,  Kalispell. 


B. 


10 


HOW  THE  ISSUE  WILL  APPEAR  ON  THE  BALLOT: 

INITIATIVE  NO.  97 
nSCAL  NOTE 

THE  ESTABLISHMENT  OF  A  BOARD  OF  DENTURISTS  WILL  HAVE  NO  NET  FIS- 
CAL IMPACT  ON  THE  STATE  BECAUSE  THE  PROPOSED  BOARD  IS  FUNDED  BY 
A  SERIES  OF  FEES  ON  DENTURISTS. 

I     I      FOR  permitting  the  state  licensing  of  denturists  to  make,  fit,  repair  and  furnish 
dentures  to  the  public. 

I     I      AGAINST  permitting  the  state  licensing  of  denturists  to  make,  fit,  repair  and  furnish 
dentures  to  the  public. 

NOTE:  The  ballot  title  and  explanatory  statement  was  written  by  the  Attorney  General  as  required  by  state 
law.  The  complete  text  of  Initiative  No.  97  appears  on  pages  13-16. 


Argument  Against 
Initiative  No.  97 


NO  ON  INITIATIVE  97  means  NO  to  out  of  state  interests 
controlling  Montana.  A  "NO"  vote  allows  Montanans  the  right 
to  exercise  their  CHOICE  to  govern  themselves. 

NO  ON  97  guarantees  the  RIGHT  to  KEEP  MONTANANS 
EMPLOYED.  Dental  Technicians,  skilled  Montana  craftsmen, 
are  an  essential  part  of  the  dental  delivery  system.  They  work  in 
association  with  dentists  to  provide  high  quality  dentures  to 
people.  Dental  Technicians  are  an  important  part  of  the  dental 
community  and  have  been  for  years.  The  dental  community 
needs  Dental  Technicians  as  skilled  craftsmen.  INITIATIVE  97 
THREATENS  THEIR  JOBS! 

A  DENTURE  is  a  replacement  for  a  part  of  the  HUMAN 
BODY;  it  is  not  just  a  piece  of  plastic  fabricated  in  a  laboratory 
The  knowledge  of  a  dentist  and  the  skills  of  the  fully  trained 
Dental  Technician  are  required  to  properly  prepare  a  personal- 
ized molded  and  fitted  denture.  "Denturitry"  is  practicing  Den- 
tistry illegally  INITIATIVE  97  BYPASSES  these  steps  to  let 
"denturists"  construct  an  appliance. 

SERIOUS  MEDICAL  PROBLEMS  CAN  RESULT  FROM 
IMPROPERLY  FITTED  DENTURES.  Dizziness,  nausea, 
headaches,  TMJ  problems,  malnutrition,  and  painful,  POTEN- 
TIALLY DANGEROUS  CANCER  RELATED  sores  can  de- 
velop. DENTURES  PREPARED  BY  A  DENTAL  TECHNI- 
CIAN UPON  A  DENTIST'S  PRESCRIPTION  CONSIDERS 
EACH  PERSON  UNIQUELY  TO  AVOID  THESE  PROB- 
LEMS. 

NO  ON  97  SAYS  "NO"  TO  ADDITIONAL  TAXES  to  sup- 
port a  DUPLICATE  BUREAUCRACY.  A  "Denturitry"  board 
has  cost  Oregon  taxpayers  over  $100,000  last  year  alone.  This  is 
an  UNNECESSARY  EXPENSE! 

AN  AUTONOMOUS  ENTITY  FOR  DENTURISTS  IS  NOT 
NECESSARY.  By  avoiding  legislative  procedure,  "denturists" 
keep  UNDEMOCRATIC  CONTROL  of  their  proposed 
"board,"  as  opposed  to  the  Board  of  Dentistry,  whose  members 
are  appointed  by  the  governor  and  approved  by  the  legislature. 
In  contrast,  "DENTURISTS"  DICTATE  THEIR  APPOINT- 
MENTS, thereby  maintaining  MONOPOLISTIC  AND  DIC- 
TATORIAL CONTROL  over  their  self  styled,  OUT  OF  STATE 
GENERATED  STANDARDS. 

The  Montana  dental  community  is  opposed  to  the  fabrication 
of  separate  standards  within  any  industry  "Denturists"  demand 
self-appointed  control  and  specifically  demand  exclusion  from 
the  health  safeguards  found  within  the  Montana  Dental  Prac- 
tices Act,  which  guarantees  by  law  that  Montana  citizens  are 
receiving  the  finest  dental  care  possible.  INITIATIVE  97 
SHOULD  BE  DEFEATED  SO  A  SAFE  AND  EQUITABLE 


LAW,  based  on  the  true  needs  of  the  public  and  the  health  con- 
cerns of  the  medical  and  dental  professions,  CAN  BE  PASSED 
TO  SAFEGUARD  OUR  HEALTH.  The  democratic  process 
would  provide  US  with  the  LEGAL  PROTECTION  we  need  to 
use  our  freedom  of  CHOICE  secure  in  the  knowledge  that  our 
RIGHT  to  quality  medical  and  dental  care  is  protected  by  State 
law. 

VOTE    "NO"    ON    INITIATIVE    97,    A    VOTE    FOR 
MONTANA. 


Rebuttal  of  Argument  For 
Initiative  No.  97 

MORE  TAXES,  MORE  BUREAUCRACY,  INCREASED 
LOSS  OF  MONTANA  JOBS  and  the  DESTRUCTION  OF 
MONTANA  INDUSTRIES:  This  is  Initiative  97. 

Initiative  97  will  allow  persons  with  limited  training  to  take  x- 
rays.  And,  with  the  proposed  Board  of  Denturitry,  these  same 
individuals  would  examine  and  license  each  other.  Insufficient 
training  may  result  in  potential  heahh  hazards  to  the  people  of 
the  State  of  Montana. 

The  educational  standards  suggested  in  this  initiative  are  mini- 
mal. The  two-week  courses  at  Idaho  State  University  were  Con- 
tinuing Education  courses,  not  for  college  credit. 

Established  Dental  Laboratory  Technicians  and  Dentists  al- 
ready provide  high  quality  dental  care  under  the  health  safe- 
guard established  by  the  State.  Proponents  of  Initiative  97  want 
an  EXCLUSION  FROM  STATE  STANDARDS. 

Initiative  97,  if  passed,  will  REPLACE  A  MONTANA  IN- 
DUSTRY IT  WILL  NOT  CREATE  JOBS:  IT  WILL  RE- 
PLACE MONTANA  JOBS. 

SUPPORT  MONTANA  DENTAL  LABORATORIES  BY 
DEFEATING  INITIATIVE  97.  BUY  FROM  MONTANANS, 
NOT  OUT-OF-STATE-INTERESTS. 

Those  who  support  Initiative  97  claim  reduced  costs  of  fifty 
percent  or  more.  IVIany  dentists  in  Montana  presently  offer  den- 
tures at  prices  similar  to  those  offered  by  "denturists."  These  are 
provided  by  dentists,  fully  educated  and  trained  to  practice  den- 
tistry. 

Those  "DENTURISTS"  presently  operating  are  OPENLY 
FLAUNTING  MONTANA  LAW.  They  presently  are  operating 
illegally  in  open  disregard  of  our  Montana  laws. 

SUPPORT  HOMEGROWN,  LOCALLY  ESTABLISHED 
BUSINESSES.  DEFEAT  INITIATIVE  97,  AN  OUT-OF- 
STATE  SPONSORED  INITIATIVE! 

These  Arguments  Prepared  by:  Elmer  N.  Cox,  Great  Falls; 
Larry  O.  Michaelson,  Helena;  Margaret  E.  Newman,  Columbia 
Falls;  Gary  L.  Mihelish,  DMD,  Helena;  and  John  R.  Beatty 
Butte. 


11 


Complete  Text  of 
CONSTITUTIONAL 

AMENDMENT  NO.  13 


BE  IT  ENACTED  BY  THE  LEGISLATURE  OF  THE  STATE  OF 

MONTANA: 

Section  1.  Article  VII,  section  11 ,  of  the  Constitution  of  the  State  of 
Montana  is  amended  to  read: 

"Section  1 1 .  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  judge  for  disability  that  seriously  interferes 
with  the  performance  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,  violation  of  canons  of  judicial  ethics  adopted  by  the  supreme 
court  of  the  state  of  Montana,  or  habitual  intemperance. 

(4)  The  proceedings  of  the  commission  are  confidential  except  as 
provided  by  statute." 

Section  2.  Effective  date.  If  approved  by  the  electors  at  the  general 
election  to  be  held  November  6,  1984,  this  amendment  shall  become 
effective  on  that  date. 


Complete  Text  of 
CONSTITUTIONAL 

AMENDMENT  NO.  14 


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

Section  1.  Article  V,  section  14,  of  the  Constitution  of  the  State  of 
Montana  is  amended  to  read: 

"Section  14.  Districting  and  apportionment.  (I)  The  state  shall  be 
divided  into  as  many  districts  as  there  are  members  of  the  house,  and 
each  district  shall  elect  one  representative.  Each  senate  district  shall  be 
composed  of  two  adjoining  house  districts,  and  shall  elect  one  senator. 
Each  district  shall  consist  of  compact  and  contiguous  territory  All 
districts  shall  be  as  nearly  equal  in  population  as  is  practicable. 

(2)  In  the  legislative  session  following  ratification  of  this  constitution 
and  thereafter  in  each  session  preceding  each  federal  population  cen- 
sus, a  commission  of  five  citizens,  none  of  whom  may  be  public  offi- 
cials, shall  be  selected  to  prepare  a  plan  for  redistricting  and 
reapportioning  the  state  into  legislative  districts  and  a  plan  for  redis- 
tricting the  state  into  congressional  districts.  The  majority  and  minority 
leaders  of  each  house  shall  each  designate  one  commissioner.  Within  20 
days  after  their  designation,  the  four  commissioners  shall  select  the 
fifth  member,  who  shall  serve  as  chairman  of  the  commission.  If  the 
four  members  fail  to  select  the  fifth  member  within  the  time  prescribed, 
a  majority  of  the  supreme  court  shall  select  him. 

(3)  Within  90  days  after  the  official  final  decennial  census  figures  are 
available,  the  commission  shall  file  its  final  plan  for  congressional 
districts  with  the  secretary  of  state  and  it  shall  become  law. 

(4)  The  commission  shall  submit  its  plan  for  legislative  districts  to  the 
legislature  at  the  first  regular  session  after  its  appointment  or  after  the 
census  figures  are  available.  Within  30  days  after  submission,  the  legis- 
lature shall  return  the  plan  to  the  commission  with  its  recommenda- 
tions. Within  30  days  thereafter,  the  commission  shall  file  its  final  plan 
for  legislative  districts  with  the  secretary  of  state  and  it  shall  become 
law. 

(5)  Upon  filing  both  plans,  the  commission  is  dissolved." 
Section  2.  Effective  date.  If  approved  by  the  electorate,  this  amend- 
ment becomes  effective  October  1,  1985. 


Complete  Text  of 
CONSTITUTIONAL 
INITIATIVE  NO.  23 


BE   IT   ENACTED   BY   THE   PEOPLE  OF  THE   ST.ATE  OF 
MONTANA: 

Section  1.  Article  V  of  the  Constitution  of  the  State  of  Montana  is 
amended  to  read: 

"Section  5.  Compensation.  (1)  Each  member  of  the  legislature  shall 
receive  compensation  for  his  services  and  allowances  provided  by  law, 
except  as  provided  in  subsection  (2).  No  legislature  may  fix  its  own 
compensation. 

(2)  No  compensation  or  allowance  shall  be  paid  a  member  during  an 
extended  session  pursuant  to  Section  6  (2)  of  this  article." 

"Section  6.  Sessions.  (1)  The  legislature  shall  meet  each  odd  num- 
bered year  in  regular  session  of  not  more  than  90  legislative  days.  Any 
legislature  may  increase  the  limit  on  the  length  of  any  subsequent  ses- 
sion. The  legislature  may  be  convened  in  special  sessions  by  the  gov- 
ernor at  the  written  request  of  the  majority  of  the  members. 

(2)  If  the  resolution  required  in  Section  15  of  this  Article  is  not 
enacted  within  90  legislative  days  each  house  of  the  legislature  shall  be 
required  to  continue  sitting  at  Helena  for  the  exclusive  and  limited 
purpose  of  considering  and  deliberating  on  that  resolution  until  such 
resolution  is  adopted.  No  recess  or  adjournment  in  excess  of  3  calendar 
days  shall  be  permitted  until  a  resolution  is  adopted  and  transmitted  as 
provided  in  Section  15."  ~~ 

New  Section.  Section  15.  Application  to  Article  V  of  the  constitution 
of  the  United  States  for  an  application  to  Congress  for  a  balanced 
federal  budget  amendment.  (1)  The  people  of  the  state  of  Montana 
herewith  adopt  and  direct  the  next  regular  legislative  session  to  adopt 
the  following  resolution  and  submit  the  same  to  the  Congress  of  the 
United  States  under  the  provisions  of  Article  V  of  the  Constitution  of 
the  United  States: 

WHEREAS,  with  each  passing  year  this  nation  becomes  more 
deeply  in  debt  as  the  expenditures  grossly  and  repeatedly  exceed  availa- 
ble revenue,  so  that  the  public  debt  now  exceeds  one  trillion  four  hun- 
dred billion  dollars;  and 

WHEREAS,  the  annual  federal  budget  continually  demonstrates  an 
unwillingness  and  inability  of  both  the  legislative  and  executive 
branches  of  the  federal  government  to  curtail  spending  to  conform  to 
available  revenue;  and 

WHEREAS,  unified  budgets  do  not  refelect  actual  spending  because 
of  the  exclusion  of  special  outlays  which  are  not  included  in  the  budget; 
and 

WHEREAS,  knowledgeable  planning  and  fiscal  prudence  require  that 
the  budget  reflect  all  spending  and  be  in  balance  on  a  regular  basis;  and 

WHEREAS,  believing  that  fiscal  irresponsibility  at  the  federal  level, 
with  the  inflation  and  high  interest  rates  which  result,  is  one  of  the 
greatest  threats  facing  our  nation;  and 

WHEREAS,  we  firmly  believe  that  a  constitutional  restraint  is  nec- 
essary to  bring  the  fiscal  discipline  needed  to  restore  financial  responsi- 
bility; and 

WHEREAS,  under  Article  V  of  the  Constitution  of  the  United  States, 
upon  application  of  the  legislatures  of  two-thirds  of  the  several  states,  the 
Congress  shall  call  a  convention  for  the  purpose  of  proposing  amend- 
ments to  the  federal  Constitution,  which  action  we  believe  is  vital. 

NOW,  THEREFORE,  BE  IT  RESOLVED  BY  THE  SENATE  AND 
HOUSE  OF  REPRESENTATIVES  OF  THE  STATE  OF  MONTANA: 

That  the  Legislature  of  the  State  of  Montana  propose  and  applica- 
tion is  hereby  made  to  the  Congress  of  the  United  States,  pursuant  to 
.\rticle  V  of  the  Constitution  of  the  United  States,  to  call  a  convention 
for  the  sole  purpose  of  proposing  an  amendment  to  the  Constitution  of 
the  United  States  to  require,  with  certain  exceptions,  that  the  federal 
budget  be  balanced. 

BE  IT  FURTHER  RESOLVED,  that  this  application  constitutes  a 
continuing  application  in  accordance  with  Article  V  of  the  Constitu- 
tion of  the  United  States  until  at  least  two-thirds  of  the  several  states 
have  made  similar  application  pursuant  to  Article  V. 


12 


BE  IT  FURTHER  RESOLVED,  that  if  the  Congress  of  the  United 
States  proposes  an  amendment  to  the  Constitution  of  the  United  States 
indenticai  in  subject  matter  to  that  contained  herein  and  submit  the 
same  to  the  states  for  ratification,  this  application  shall  no  longer  be  of 
any  force  and  effect. 

BE  IT  FURTHER  RESOLVED,  that  this  application  shall  be  con- 
sidered void,  rescinded  and  of  no  effect  if  such  convention  not  be 
limited  to  such  specific  and  exclusive  purposes. 

BE  IT  FURTHER  RESOLVED,  that  the  Secretary  of  the  Senate, 
Clerk  of  the  House  and  Secretary  of  State  be  directed  to  transmit  copies 
of  this  application  to  the  Secretary  of  the  United  States  Senate  and 
Clerk  of  the  United  States  House  of  Representatives  of  the  Congress  of 
the  United  States,  to  the  members  of  the  United  States  Senate  and 
House  of  Representatives  from  this  state  and  to  the  presiding  officers 
of  each  of  the  legislatures  in  the  several  states  requesting  the  legislatures 
of  those  states  to  adopt  resolutions  calling  for  a  constitutional  conven- 
tion on  an  issue  of  balancing  the  federal  budget. 

(2)  The  secretary  of  state  is  directed  to  transmit  copies  of  this  consti- 
tutional amendment  adopted  by  the  people  of  Montana  to  the  secretary 
of  the  United  States  Senate  and  the  clerk  of  the  United  States  House  of 
Representatives  of  the  Congress  of  the  United  States,  to  the  members 
of  the  Uniteds  States  Senate  and  House  of  Representatives  from  this 
state,  and  to  the  presiding  officers  of  each  of  the  legislatures  in  the 
several  states  requesting  the  legislatures  of  those  states  to  adopt  resolu- 
tions calling  for  a  constitutional  convention  or  an  issue  to  balancing  the 
federal  budget.  The  secretary  of  state  shall  transmit  such  copies  of  this 
amendment  upon  the  expiration  of  the  first  90  legislative  days  of  delib- 
eration by  the  49th  legislature  of  this  state. 

Section  2.  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,  the  part  remains  in 
effect  in  all  valid  applications  that  are  severable  from  the  invalid  appli- 
cations. If  the  mandatory  provisions  of  this  act  are  held  to  be  imper- 
missible, this  amendment  is  to  be  considered  nonbinding  by  the 
legislature. 

Section  3.  Termination  Date.  This  amendment  terminates  upon  a 
call  by  Congress  for  a  limited  constitutional  convention  for  the  sole 
purpose  of  proposing  an  amendment  to  the  Constitution  of  the  United 
States  or  for  the  ratification  of  an  amendment  to  require,  with  certain 
exceptions,  that  the  federal  budget  be  balanced. 

Section  4.  Effective  Date.  This  amendment  is  effective  on  passage 
and  approval  by  the  people  of  the  State  of  Montana. 


Complete  Text  of 
INITIATIVE 
NO.  96 


WHEREAS,  the  purpose  of  the  Board  of  Milk  Control  is  to  establish 
the  minimum  price  at  which  milk  can  be  sold  at  the  producer,  whole- 
sale, and  retail  levels. 

WHEREAS,  the  effect  of  these  controls  has  been  to  keep  milk  prices 
higher  than  if  they  were  not  regulated. 

WHEREAS,  in  1982  the  Office  of  the  Legislative  Auditor  concluded 
that  if  milk  prices  were  decontrolled  at  all  levels,  there  would  not  be  a 
major  impact  on  the  Montana  dairy  industry,  or  on  the  supply  and 
quality  of  milk. 

WHEREAS,  the  Auditor's  report  also  concluded  that  prices  for  milk 
would  be  lower  if  decontrol  is  enacted. 

WHEREAS,  the  quality  standards  for  milk  are  not  established  or 
regulated  by  the  Board  of  Milk  Control,  and  therefore  would  not  be 
affected  by  this  initiative. 

THEREFORE,  it  is  in  the  interest  of  Montanans  to  abolish  the 
Board  of  Milk  Control,  and  by  doing  so  deregulate  the  price  of  milk. 
BE  IT  ENACTED  BY  THE  PEOPLE  OF  MONTANA: 

Section  1.  Repealer.  Section  2-15-1802,  MCA,  and  Title  81,  chapter 
23,  MCA,  are  repealed. 

Section  2.  Effective  date.  If  approved  by  the  electorate,  this  act  is 
effective  January  I,  1985. 


Complete  Text  of 
INITIATIVE 
NO.  97 


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

Section  1.  Short  title.  {This  act)  may  be  cited  as  the  "Freedom  of 
Choice  in  Denture  services  Act  of  1984." 

Section  2.  Definitions.  As  used  in  (this  act),  unless  the  context  re- 
quires otherwise,  the  following  definitions  apply: 

(1)  "Board"  means  the  state  board  of  denturitry  provided  for  in 
(Section  7). 

(2)  "Denture"  means  any  removable  full  or  partial  upper  or  lower 
prosthetic  dental  appliance  to  be  worn  in  the  mouth. 

(3)  "Denturist"  means  a  person  licensed  under  (this  act)  to  engage  in 
the  practice  of  denturitry. 

(4)  "Department"  means  department  of  commerce  provided  for  in 
Title  2,  Chapter  15,  part  18. 

(5)  "Immediate  denture"  means  a  denture  constructed  prior  to  and 
inserted  immediately  after  extraction  of  teeth. 

(6)  "Practice  of  denturitry"  means: 

(a)  the  making,  fitting,  constructing,  altering,  reproducing  or  re- 
pairing of  a  denture  and  furnishing  or  supplying  of  a  denture  directly  to 
a  person  or  advising  the  use  of  a  denture;  or 

(b)  the  taking  or  making  or  the  giving  of  advice,  assistance,  or  facili- 
ties respecting  the  taking  or  making  of  any  impression,  bite,  cast,  or 
design  preparatory  to  or  for  the  purpose  of  making,  constructing,  fit- 
ting, furnishing,  supplying,  altering,  repairing,  or  reproducing  a  den- 
ture. 

Section  3.  License  to  practice  required. 

(1)  After  April  1 ,  1985,  a  person  must  hold  a  license  for  the  practice 
of  denturitry  in  order  to  perform  the  following  acts: 

(a)  engaging  or  offering  to  engage  in  the  practice  of  denturitry;  or 

(b)  use  in  connection  with  his  name  the  word  or  letters  "denturist," 
"L.D.,"  or  any  other  words,  letters,  abbreviations,  or  insignia  imply- 
ing that  such  person  is  engaged  in  the  practice  of  denturitry. 

(2)  The  practice  of  denturitry  within  the  context  of  (this  act)  requires 
that  all  work  except  cast  frame  work  be  performed  at  the  address 
shown  on  the  denturist's  license. 

Section  4.  Exceptions.  The  provisions  of  (this  act)  do  not  apply  to: 

(1)  a  person  interning  under  the  direct  supervision  of  a  licensed  den- 
turist as  required  by  (Section  1 1  (2)  of  this  act),  provided  that  no  den- 
turist may  supervise  more  than  one  such  person  at  any  one  time. 

(2)  the  practice  of  dentistry  or  medicine  by  persons  authorized  to  do 
so  by  the  state  of  Montana;  or 

(3)  a  student  of  denturitry  in  pursuit  of  clinical  studies  under  a  school 
program  or  internship  as  required  by  (Section  1 1  (2)  of  this  act). 

Section  5.  Prohibitions.  No  licensed  denturist  may: 

(1)  extract  or  attempt  to  extract  teeth; 

(2)  initially  insert  immediate  dentures  in  the  mouth  of  the  intended 
wearer; 

(3)  diagnose  or  treat  any  abnormalities; 

(4)  recommend  any  prescription  drug  for  any  oral  or  medical  disease; 
or 

(5)  construct  or  fit  orthodontic  appliances. 

Section  6.  Standards  of  conduct  and  practice.  Each  denturist  must 
comply  with  the  following  standards  in  his  practice: 

(1)  There  shall  be  at  least  three  separate  rooms: 

(a)  a  reception  room; 

(b)  an  operatory  room;  and 

(c)  a  laboratory. 

(2)  The  operatory  room  must  have  a  sink  and  cuspidor  with  running 
water  and  a  disposal  system. 

(3)  There  must  be  a  sterilization  unit,  and  cold  disinfectant  in  every 
office,  to  insure  the  protection  of  the  public.  Each  denturist  shall  take 
care  to  use  proper  sterilization  and  sanitation  techniques  in  all  phases 
of  his  work. 

(4)  Floors,  walls,  ceilings,  and  benches  must  be  kept  in  a  sanitary 
condition. 


13 


(5)  Every  patient  must  have  a  separate  and  clean  bib  and  a  disposable 
cup. 

(6)  Every  denturist  shall  wear  a  clean  and  professional  garment. 

(7)  Every  denturist  shall  wash  his  hands  with  germicidal  or  antiseptic 
soap  and  water  in  the  presence  of  each  patient. 

(8)  Every  licensed  denturist  must  carry  a  current  cardiopulmonary 
resuscitation  card. 

(9)  Adequate  and  conveniently  located  toilet  facilities  must  be  pro- 
vided within  the  building. 

(10)  A  complete  record  of  each  patient  must  be  kept. 

(1 1)  All  teeth  and  materials  used  shall  meet  american  dental  associa- 
tion standards. 

(12)  All  nonmetal  full  dentures  shall  be  permanently  identifed  with 
the  first  and  last  name  of  the  owner  at  the  time  of  processing  the 
dentures. 

Section  7.  Board — membership — vacancies. 

(1)  There  is  a  Montana  state  board  of  denturitry.  The  board  consists 
of  five  members  to  be  appointed  by  the  governor  within  30  days  of 
adoption  of  (this  act).  The  board  shall  be  appointed  as  prescribed  in 
Section  2-15-124,  except  that  a  member  need  not  be  an  attorney.  Three 
members  of  the  board  must  be  denturists  who  have  had,  immediately 
prior  to  their  appointment,  at  least  5  years'  experience  in  the  practice  of 
denturitry  Two  members  of  the  board  must  be  lay  persons,  one  mem- 
ber a  senior  citizen  representative  and  the  other  member  a  low  income 
representative. 

(2)  Members  of  the  board  shall  hold  office  for  terms  of  3  years  each. 

(3)  Each  member  ofthe  board  shall  hold  office  for  his  term  and  until 
his  successor  is  duly  appointed  by  the  governor. 

(4)  The  Board  is  attached  to  the  department  for  administrative  pur- 
poses only  as  provided  in  2-15-121. 

Section  8.  Officers,  meetings,  voting,  records,  fair  practice  commit- 
tee. 

(1)  The  board  shall  elect  a  president,  secretary,  and  treasurer.  The 
offices  of  secretary  and  treasurer  may  be  held  by  the  same  person. 
Officers  of  the  board  are  elected  for  terms  of  1  year  at  the  annual 
meeting  of  the  board.  The  same  person  may  not  hold  the  office  of 
president  for  more  than  3  years  in  succession. 

(2)  The  board  must  hold  meetings  on  the  second  Friday  of  December 
and  the  second  Friday  of  May  to  conduct  business  and  perform  duties. 
The  board  may  meet  at  such  other  times  as  designated  by  the  president 
or  by  request  of  two  or  more  members  of  the  board.  Meetings  must  be 
held  in  the  offices  of  the  board.  Dates  and  places  may  be  changed 
through  notification  by  the  board  at  least  10  days  prior  to  the  regular 
meeting  date  or  the  date  established  for  a  meeting,  whichever  is  earlier. 

(3)  A  majority  of  the  board  constitutes  a  quorum  for  all  purposes, 
and  the  majority  vote  of  the  members  voting  constitutes  the  action  of 
the  board. 

(4)  The  secretary  of  the  board  must  keep  a  complete  record  of  all  of 
its  proceedings. 

(5)  The  board  shall  appoint  a  fair  practice  committee  consisting  of 
three  denturists  .selected  from  the  membership  of  the  association  of 
Montana  denturists.  This  committee  may  meet  as  need  arises  and  must 
file  a  written  report  with  the  board  containing  its  recommendations. 

Section  9.  Compensation  and  expenses  of  board  members  of  excess 
funds — expenditure  limitations. 

(1)  Out  ofthe  funds  derived  from  fees  collected  under  (this  act)  each 
member  of  the  board  must  receive  compensation  and  travel  expenses  as 
provided  for  in  37-1-133,  with  the  exception  that  denturist  members  of 
the  board  may  receive  compensation  for  expenses  only. 

(2)  Money  collected  in  excess  of  expenses  and  salaries  must  be  held 
by  the  department  as  a  special  fund  for  meeting  the  expenses  of  the 
board,  the  proper  administration  of  (this  act),  and  educational  pur- 
poses approved  by  the  board. 

(3)  The  department  is  not  obligated  to  pay  claims  which,  in  aggregate 
with  claims  already  paid  exceed  the  income  to  the  department  which 
has  been  derived  by  the  application  of  (this  act). 

Section  10.  Board  powers  and  duties.  The  board  has  the  following 
powers  and  duties: 

(1)  determination  of  the  qualifications  of  applicants  for  licensure 
under  (this  act); 


(2)  administration  of  examinations  and  determination  of  a  passing 
grade  for  licensure  under  (this  act); 

(3)  collection  of  fees  and  charges  prescribed  in  (this  act);  and 

(4)  issuance,  suspension  and  revocation  of  licenses  for  the  practice  of 
denturitry  under  the  conditions  prescribed  in  (this  act). 

Section  11.  Application  for  license.  Upon  application  and  payment 
of  the  appropriate  fee,  the  board  shall  issue  a  license  to  practice  den- 
turitry to  any  applicant  who  meets  one  of  the  following  criteria  and 
scores  a  passing  grade  on  the  examination  for  licensure: 

(1)  Applications  for  persons  engaged  in  the  practiceof  denturitry  on 
December  1,  1984,  must  be  filed  prior  to  April  1,  1985,  and  must 
include  the  following: 

(a)  three  signed  affidavits  by  persons  other  than  family  members  that 
the  applicant  has  been  employed  in  denture  technology  for  at  least  5 
years  prior  to  application,  is  able  to  demonstrate  competency  in  intra- 
oral procedures,  and  has  been  a  resident  of  the  state  of  Montana  for  at 
least  6  months  prior  to  April  1,  1985;  and 

(b)  documentation  that  the  applicant  has  successfully  completed 
courses  approved  by  the  board  in  head  and  oral  anatomy  and  phy- 
siology, oral  pathology,  partial  denture  construction  and  design,  clini- 
cal dental  technology,  radiology,  dental  laboratory  technology,  asepsis, 
clinical  jurisprudence,  medical  emergencies,  and  cardiopulmonary  re- 
suscitation. 

(2)  Applications  filed  on  or  after  April  1,  1985,  must  include: 

(a)  documentation  that  the  applicant  has  completed  formal  training 
of  not  less  than  2  years  at  an  educational  institution  accredited  by  a 
national  or  regional  accrediting  agency  recognized  by  the  Montana 
state  board  of  regents,  the  curriculum  of  w  hich  includes  courses  in  head 
and  oral  anatomy  and  physiology,  oral  pathology,  microbiology,  partial 
denture  construction  and  design,  clinical  dental  technology,  radiology, 
dental  laboratory  technology,  asepsis,  clinical  jurisprudence,  and  medi- 
cal emergencies  including  cardiopulmonary  resuscitation;  and 

(b)  documentation  that  the  applicant: 

(i)  has  completed  2  years  of  internship  under  the  direct  supervi- 
sion of  a  licensed  denturist;  or 

(ii)  has  3  years  of  experience  as  a  denturist  under  licensure  in 
another  state  or  Canada. 

(3)  A  denturist  who  has  been  lawfully  licensed  or  certified  by  initial 
licensing  provisions  in  any  state  or  territory  that  maintains  a  standard 
of  denturitry  which  is  equal  to  that  of  Montana  must  submit  a  certifi- 
cate from  the  examining  body  of  the  state  or  territory  in  which  he  is 
certified  or  licensed  attesting  to  5  years  practice  under  the  certificate  of 
license.  However,  no  applicant  may  be  licensed  under  the  provisions  of 
(this  subsection)  unless  the  state  or  territory  in  which  he  is  licensed  or 
certified  extends  a  like  privilege  to  denturists  licensed  by  the  state  of 
Montana  to  practice  denturitry.  The  board  may  enter  into  reciprocal 
relations  with  those  boards  in  states  or  territories  whose  laws  are  com- 
patible with  (this  act). 

Section  12.  Examinations.  The  board  shall  administer  the  examina- 
tions for  licensure,  subject  to  the  following  requirements: 

(1)  Examinations  must  be  of  such  character  as  to  determine  the 
qualifications,  fitness  and  ability  of  the  applicant  to  practice  denturi- 
try. The  form  of  the  test  must  include  written  and  oral  examinations 
and  a  practical  demonstration  of  skills. 

(2)  Examinations  must  be  held  at  least  annually  on  the  second  Mon- 
day in  July.  An  applicant  must  obtain  an  average  percentage  score  of 
75%  or  better  to  qualify  for  licensure.  The  written  and  practical  ex- 
aminations shall  carry  equal  weight.  The  oral  examination  results  may 
adjust  an  average  score  only  two  percentage  points. 

(3)  The  written  examination  must  include  coverage  of  the  following 
subjects: 

(a)  head  and  oral  anatomy  and  physiology; 

(b)  oral  pathology; 

(c)  partial  denture  construction  £md  design; 

(d)  microbiology; 

(e)  radiology; 

(D  clinical  dental  technology; 

(g)  dental  laboratory  technology; 

(h)  asepsis; 

(i)  clinical  jurisprudence; 

(j)  medical  emergencies. 


14 


(4)  Applicants  who  fail  to  score  a  75°7o  average  on  the  written  and 
practical  examinations  may,  upon  payment  of  the  appropriate  fee,  have 
a  second  opportunity  to  take  the  written  or  practical  examinations,  or 
both,  provided  that  all  applicants  under  (section  11  (1)  of  this  act)  are 
examined  on  or  before  April  1,  1985. 

Section  13.  Applications  and  fees.  The  board  is  entitled  to  charge 
and  collect  the  following  fees: 

(1)  $200  application  for  licensing; 

(2)  $200  for  original  license; 

(3)  $200  annual  license  renewal  fee; 

(4)  $200  for  examination  or  reexamination,  provided  that  if  on  reex- 
amination only  the  written  examination  is  required,  the  fee  is  $100;  and 

(5)  $50  for  a  duplicate  or  replacement  license  or  a  license  for  a  second 
address,  provided  that  no  denturist  may  hold  licenses  bearing  more 
than  two  different  addresses. 

Section  14.  Licensing. 

( 1 )  A  denturist  license  is  valid  for  a  period  of  1  year.  A  renewal  license 
must  be  issued  upon  payment  of  the  renewal  fee  and  the  submission  of 
proof  of  the  completion  of  not  less  than  1 2  hours  continuing  education , 
which  may  include  programs  sponsored  by  an  educational  institution, 
state  denturist  board,  or  a  recognized  denturist  organization.  Subject 
matter  must  be  pertinent  to  denturitry  as  enumerated  in  (section  12  (3) 
of  this  act.)  Requests  for  approval  of  continuing  education  programs 
must  be  made  to  the  board,  providing  sufficient  outline  of  the  program 
on  which  the  board  may  base  its  determination.  Hours  pertain  to  clock 
hours  actually  attended  by  the  licensee.  In  addition,  the  denturist  shall 
submit  proof  that  he  holds  a  current  cardiopulmonary  resuscitation 
card.  A  license  issued  effective  as  of  a  date  other  than  March  1  will  be 
valid  until  midnight  February  28  next  following  the  date  it  was  issued. 
The  license  shall  bear  on  its  face  the  address  where  the  licensee's  den- 
turist services  will  be  performed. 

(2)  Licensure  applications  must  be  received  by  the  department  on  or 
before  April  1  preceding  the  July  examination.  Applications  must  be 
submitted  on  forms  approved  by  the  board  and  furnished  by  the  de- 
partment. Each  application  must  include  all  other  documentations  nec- 
essary to  establish  that  the  applicant  meets  the  requirements  for 
licensure  and  is  eligible  to  take  the  licensure  examination.  Applications 
must  be  accompanied  by  the  appropriate  fees.  Applications  received 
after  April  1  will  be  held  over  for  examination  the  following  year 

Section  15.  Suspension  or  revocation  of  license. 

( 1 )  The  board  has  the  power  to  refuse  to  issue  a  license,  to  suspend  or 
revoke  a  license  or  to  place  a  licensed  person  on  probation  for  a  period 
specified  by  the  board,  or  to  reprimand  or  censure  a  licensee  for  any  of 
the  following  causes: 

(a)  conviction  of  a  crime  if  that  crime  bears  a  demonstrable  relation- 
ship to  the  practice  of  denturitry; 

(b)  incompetence  or  gross  negligence  in  the  practice  of  denturitry; 

(c)  fraud  or  misrepresentation  in  the  practice  of  denturitry; 

(d)  the  use  of  any  narcotic  or  dangerous  drug  or  intoxicating  liquor 
to  an  extent  that  such  use  impairs  the  ability  to  conduct  safely  the 
practice  of  denturitry;  or 

(e)  the  willful  violation  of  any  provision  of  (this  act). 

(2)  The  board  or  its  agents  may  examine  and  inspect  the  place  of 
business  of  any  denturist  at  any  time  during  business  hours  or  upon  at 
least  72  hours  notice  made  by  U  .S.  mail  to  the  address  of  record  of  the 
denturist  if  the  board  or  its  agents  are  unable  to  establish  the  regular 
business  hours.  Inspections  must  be  made  to  insure  compliance  with 
the  standards  of  conduct  and  practice  set  for  in  (section  6  of  this  act). 

(3)  Conditions  considered  by  investigators  to  be  a  menace  to  the 
public  health  must  be  brought  to  the  attention  of  the  board  for  consid- 
eration and  immediate  action. 

Section  16.  Revocation  of  license  stays  eligibility.  A  denturist  whose 
license  has  been  revoked  either  by  the  Montana  board  of  denturitry  or 
the  similar  body  of  another  state  is  not  eligible  to  apply  for  a  license 
until  1  year  after  the  date  of  revocation. 

Section  17.  Renewal  or  reinstatement  of  license.  One  year  after  revo- 
cation of  a  license,  the  board  at  its  discretion  may  grant  a  temporary 
license  under  a  1  year  probationary  period.  At  the  end  of  the  proba- 
tionary period,  the  licensee  must  appear  before  the  board  and  upon 
approval  by  the  board  and  payment  of  appropriate  fee  must  be  fully 
reinstated.  The  board  shall  grant  such  approval  upon  being  satisfied 


that  the  licensee  has  complied  with  (this  act)  during  the  probationary 
period  and  will  comply  in  the  future. 

Section  18.  Health  insurance  policies  to  include  denturist  services. 
Notwithstanding  any  provision  of  any  policy  of  insurance  covering 
health,  whenever  such  policy  provides  for  reimbursement  for  any  serv- 
ice that  is  within  the  lawful  scope  of  practice  of  a  denturist,  the  insured 
under  such  policy  is  entitled  to  reimbursement  for  such  service,  whether 
the  service  is  performed  by  a  licensed  dentist  or  a  licensed  denturist. 

Section  19.  Association  with  Dentists  Permitted. 

(1)  A  licensed  denturist  may  enter  into  any  lawful  agicLnient  with  a 
dentist  regarding  fees,  compensation,  and  business  association. 

Section  20.  Notice  of  board  address,  guarantee. 

(1)  A  notice  must  be  posted  in  a  conspicuous  area  on  any  premises 
where  the  practice  of  denturitry  is  conducted,  with  lettering  of  a  size 
easily  read  by  the  average  person  and  in  substantially  the  following 
form: 

ANY  CONSUMER  WHO  HAS  A  COMPLAINT 
RELATING  TO  PRACTICES  OF  THIS 
ESTABLISHMENT  MAY  CONTACT  THE  MONTANA 
BOARD  OF  DENTURITRY,  DEPARTMENT  OF 
COMMERCE,  1424  NINTH  AVENUE,  HELENA, 
MONTANA  59620. 

(2)  All  denturist  services  must  be  unconditionally  guaranteed  for  a 
period  of  not  less  than  90  days. 

Section  21.  Violation  and  penalty  Violation  of  any  provision  of  (this 
act)  constitutes  a  misdemeanor  and  upon  conviction  is  punishable  by  a 
fine  of  not  less  than  $100  or  more  than  $1 ,000  or  by  imprisonment  for 
not  more  than  6  months  in  the  county  jail,  or  by  both  such  fine  and 
imprisonment. 

Section  22.  Judicial  review  of  board  action.  A  person  who  is  ag- 
grieved by  an  action  of  the  board,  in  denying,  refusing  to  renew,  sus- 
pending or  revoking  a  denturist  license  may  appeal  to  the  district  court 
in  the  county  in  which  he  resides.  Such  appeal  is  perfected  by  filing  with 
the  clerk  of  the  court,  within  30  days  following  the  action  of  the  board 
of  which  complaint  is  made,  a  notice  of  appeal  setting  forth  briefly  the 
action  complained  of  and  how  the  petitioner  has  been  deprived  of  any 
legal  rights.  A  copy  of  the  notice  of  appeal  must  be  served  upon  the 
president  or  secretary  of  the  board,  with  notice  to  the  attorney  general 
of  the  state  of  Montana  in  the  manner  of  civil  appeal,  and  the  court 
may  sustain  or  reverse  the  action  of  the  board  or  direct  the  board  to 
take  further  or  other  action  with  regard  to  the  appeal. 

Section  23.  Nominees  for  appointment  to  the  original  board  must  be 
examined  by  qualified  examiners  from  a  state  that  currently  authorizes 
the  practice  of  denturitry.  The  examinations  must  be  established  by  the 
examining  team  and  be  the  equivalent  of  examinations  administered 
for  hcensing  of  denturists  in  the  states  represented  by  the  examiners. 
The  examiners  shall  establish  a  passing  grade,  and  satisfactory  comple- 
tion of  the  original  examination  will  qualify  the  nominees  for  licensing 
in  Montana  and  for  service  on  the  Montana  board  of  denturitry  Nomi- 
nees who  do  not  score  a  passing  grade  on  the  original  examination  may 
apply  for  reexamination  to  the  Montana  board  of  denturitry  Expense 
of  examination  for  nominees  is  not  the  responsibility  of  the  board. 

Section  24.  Section  37-4-103,  MCA,  is  amended  to  read: 

"37-4-103.  Exemptions.  (1)  A  dental  laboratory  or  dental  technician 
is  not  practicing  dentistry  under  this  chapter  when  engaged  in  the  con- 
struction, making,  alteration,  or  repairing  of  bridges,  crowns,  den- 
tures, or  other  prosthetic  appliances,  surgical  appliances,  or 
orthodontic  appliances  if  the  casts,  models,  or  impressions  on  which 
the  work  is  constructed  have  been  made  by  a  regularly  licensed  and 
practicing  dentist  and  the  crowns,  bridges,  dentures,  prosthetic  ap- 
pliances, surgical  appliances,  or  orthodontic  appliances  are  returned  to 
the  dentist  on  whose  order  the  work  was  constructed. 

(2)  Section  37-4-101  (2)  and  part  5  of  this  chapter  do  not  apply  to  a 
legally  qualified  physician  or  surgeon  or  to  a  dental  surgeon  of  the 
United  States  army,  navy,  public  health  service,  or  veterans'  bureau  or 
to  a  legal  practitioner  of  another  state  making  a  clinical  demonstration 
before  a  dental  society,  convention,  or  association  of  dentists  or  to  a 
licensed  dental  hygienist  performing  an  act  authorized  under  37-4-401 
or  37-4-405. 

(3)  Nothing  in  this  chapter  prevents  a  bona  fide  faculty  member  of  a 
school,  college,  or  department  of  a  university  recognized  and  approved 


15 


by  the  board  from  performing  dental  procedures  necessary  to  his 
teaching  functions.  Nothing  in  this  chapter  prevents  students  from 
performing  dental  procedures  under  the  supervision  of  a  bonafide  in- 
structor of  a  school,  college,  or  department  of  a  university  recognized 
and  approved  by  the  board  provided  such  dental  procedures  are  a  part 
of  the  assigned  teaching  curriculum. 

(4)  This  chapter  does  not  prohibit  or  require  a  license  with  respect  to 
the  practice  of  denturitry  under  the  conditions  and  limitations  defineB 
by  (sections  1  through  22).  None  of  the  regulations  contained  in  this 
chapter  apply  to  a  person  engaged  in  the  lawful  practice  of  denturitry." 
Section  25.  Section  37-14-102,  MCA,  is  amended  to  read: 
"37-14-102.  Definitions.  In  this  chapter,  unless  the  context  clearly 
requires  otherwise,  the  following  definitions  apply: 

(1)  "Board"  means  the  board  of  radiologic  technologists  provided 
for  in  2-15-1848. 

(2)  "Department"  means  the  department  of  commerce. 

(3)  "License"  means  an  authorization  to  apply  x-ray  radiation  to 
persons  issued  by  the  department  of  commerce. 

(4)  "Licensed  practitioner"  means  a  person  licensed  or  otherwise 
authorized  by  law  to  practice  medicine,  dentistry,  denturitry,  dental 
hygiene,  podiatry,  chiropody,  osteopathy,  or  chiropractic. 

(5)  "Permit"  means  an  authorization  which  may  be  granted  by  the 
board  to  apply  x-ray  radiation  to  persons  when  the  applicant's  qualifi- 
cations do  not  meet  standards  required  for  the  issuance  of  a  license. 

(6)  "Radiologic  technologist"  means  a  person  other  than  a  licensed 
practitioner  who  applies  diagnostic  x-ray  radiation  to  persons." 

Section  26.  Section  37-14-301,  MCA,  is  amended  to  read: 

"37-14-301.  Limitation  of  license  authority-exemptions. 

(1)  No  person  may  apply  x-ray  radiation  to  a  person  unless  licensed 
under  this  chapter,  with  the  following  provisos: 

(a)  Licensure  is  not  required  for: 

(i)  a  student  enrolled  in  and  attending  a  school  or  college  of 
medicine,  osteopathy,  chiropody,  podiatry,  dentistry,  dental  hygiene, 
chiropractic,  or  radiologic  technology  who  applies  x-ray  radiation  to 
persons  under  the  specific  direction  of  a  person  licensed  to  prescribe 
such  examinations  or  treatment; 

(ii)  a  person  administering  x-ray  examinations  related  to  the  prac- 
tice of  dentistry  or  denturitry 


(b)  Nothing  in  this  chapter  shall  be  construed  to  limit  or  affect  in  any 
respect  the  practice  of  their  respective  professions  by  duly  licensed 
practitioners. 

(2)  A  person  licensed  as  a  radiologic  technologist  may  apply  x-ray 
radiation  to  persons  for  medical,  diagnostic,  or  therapeutic  purposes 
under  the  specific  direction  of  a  person  licensed  to  prescribe  such  ex- 
aminations or  treatments. 

(3)  A  radiologic  technologist  licensed  under  this  chapter  may  inject 
contrast  media  and  radioactive  isotopes  (radio-nuclide  material)  in- 
travenously upon  request  of  a  duly  licensed  practitioner,  in  the  case  of 
contrast  media,  the  licensed  practitioner  requesting  the  procedure  or 
the  radiologist  must  be  immediately  available  within  the  x-ray  depart- 
ment. Such  injections  must  be  for  diagnostic  studies  only  and  not  for 
therapeutic  purposes.  The  permitted  injections  include  peripheral  in- 
travenous injections  but  specifically  exclude  intra-arterial  or  intra- 
catheter  injections.  An  uncertified  radiologic  technologist  or  a 
permitholder  under  37-14-306  may  not  perform  any  of  the  activities 
listed  in  this  subsection." 

Section  27.  Initial  Board.  Of  the  initial  board,  the  three  members  to 
be  appointed  from  nominations  of  the  association  of  Montana  den- 
turists  shall  serve  for  terms  of  1  year,  2  years,  and  3  years  respectively, 
as  designated  in  their  appointment.  Of  the  initial  board,  the  two  lay 
person  respresentatives  shall  serve  terms  of  3  and  2  years  respectively, 
as  designated  in  their  appointment.  Thereafter,  members  must  be  ap- 
pointed to  the  board  for  terms  of  3  years  each,  except  that  appointment 
to  fill  vacancies  must  be  for  the  unexpired  term  of  such  vacancy. 

Section  28.  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,  the  part  remains  in 
effect  in  all  valid  applications  that  are  severable  from  the  invalid  appli- 
cations. 

Section  29.  Codification  instruction. 

(1)  Sections  I  through  6  and  8  through  22  are  codified  as  an  integral 
part  of  Title  37. 

(2)  Section  7  is  intended  to  be  codified  as  an  integral  part  of  Title  2, 
chapter  15. 

Section  30.  Effective  date.  This  act  is  effective  December  1,  1984. 


JIM  WALTERMIRE 

Secretary  of  Stale 
Montana  State  Capitol 
Helena,  MX  59620 


NOTICE 

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