White v. State

759 P.2d 971, 233 Mont. 81, 45 State Rptr. 1310, 1988 Mont. LEXIS 221
CourtMontana Supreme Court
DecidedJuly 21, 1988
Docket87-557
StatusPublished
Cited by13 cases

This text of 759 P.2d 971 (White v. State) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
White v. State, 759 P.2d 971, 233 Mont. 81, 45 State Rptr. 1310, 1988 Mont. LEXIS 221 (Mo. 1988).

Opinions

MR. JUSTICE McDONOUGH

delivered the Opinion of the Court.

The plaintiffs seek an invocation of this Court’s original jurisdiction for a declaratory judgment pursuant to Sections 27-8-101, et seq, MCA. The plaintiffs are residents, citizens, electors and taxpayers of Montana. The parties are seeking to determine the validity of House Bill No. 700, which was enacted by the Fiftieth Legislative Assembly and signed into law by the Governor on April 13, 1987.

Plaintiffs present ten issues for consideration by this Court:

1. Whether the Supreme Court has original jurisdiction.

2. Whether the plaintiffs have the requisite standing to maintain this action.

3. Whether HB 700 violates Article V, Section 11, paragraph (5) of the 1972 Constitution.

4. Whether HB 700 violates Article V, Section 11, paragraph (3) of the 1972 Constitution.

[83]*835. Whether HB 700 violates Article VIII, Section 1 of the 1972 Constitution.

6. Whether HB 700 unconstitutionally delegates legislative powers to the Montana Science and Technology Development Board.

7. Whether HB 700 fails to provide strict accountability required by Article VIII, Section 12 and thus also violates Article VIII, Section 13 of the 1972 Constitution.

8. Whether HB 700 violates Article IX, Section 5 of the 1972 Constitution.

9. Whether HB 700 contains a valid statutory appropriation.

10. Whether Section 27 of HB 700, the severability clause, can be applied.

We find and declare that House Bill 700, also referred to as the “Science and Technology Development Board Seed Capital Bond Act”, is unconstitutional for the reasons set forth below.

I.

House Bill 700 was enacted by the legislature in 1987, and has been codified in large part at Sections 90-3-401 through 90-3-420, MCA. When discussing the sections of HB 700 at issue here, we will also cite the appropriate sections of Montana Code Annotated. Section 2 of HB 700 expresses the Act’s purpose:

“The legislature finds and declares that:

“(1) it is the policy of the state of Montana to promote the health, safety, and general welfare of all the people of the state;

“(2) such policy will be furthered through strengthening and diversifying the state’s economy by facilitating a public-private sector partnership to encourage scientific and technological development within the state in order to keep pace with a changing economic structure and to create new jobs and expand business opportunities; and

“(3) such strengthening and diversification will be fostered by assisting in the acceleration of development of technology in the state through the making of technology investments.”

Section 90-3-402, MCA. House Bill 700 was enacted to expand the powers of the Montana Science and Technology Development Board (the Board), which was created by the legislature in 1985 “to strengthen and diversify Montana’s economy by establishing a public-private sector partnership to encourage scientific and technological development within the state in order to keep pace with a trans[84]*84forming economic structure and to create new jobs and expand small business opportunities.” Section 90-3-101, MCA. House Bill 700 provides the Board with bonding authority to raise money for certain types of “technology investments”; seed capital projects, start-up capital projects and expansion capital projects. Section 15 of the Act provides that the Board shall make at least 20 percent of the “Technology Development Account”, funded from bond sales, available for investment in certified Montana capital companies that make technology investments. Section 90-3-415, MCA.

The proceeds received by the Board as the return on its technology investments are to be placed in the “Technology Investment Program Debt Service Fund” to repay the bonds. Section 90-3-404, MCA. Security for bond obligations is provided by the Coal Severance Tax Permanent Trust Fund. Section 90-3-416, MCA.

On November 19, 1987 the Board adopted a resolution that bonds should be issued in accordance with the provisions of HB 700. The Board has been advised that without a Supreme Court ruling that the Act is constitutional, bond counsel cannot render an unqualified opinion that the bonds would be a valid and binding obligation upon the state, and without such an opinion the bonds cannot be successfully marketed.

II.

The defendants concede issues 1 and 2. They concede that plaintiffs, as taxpayers, have standing under the rule articulated in Grossman v. State (Mont. 1984), 209 Mont. 427, 682 P.2d 1319, 41 St.Rep. 804. They also concede that this is an appropriate case for the exercise of this Court’s original jurisdiction. The three major factors necessary for a valid exercise of our original jurisdiction are: (1) where constitutional issues of major statewide importance are involved, (2) where the questions involved are purely legal questions of statutory or constitutional construction, and (3) where urgency and emergency factors exist making the normal appeal process inadequate. State ex rel. Greely v. Water Court (Mont. 1984), [214 Mont. 143,] 691 P.2d 833, 41 St.Rep. 2373. We hold that all of these factors have been established.

[85]*85III.

The plaintiffs contend that HB 700 violates Article V, Section 11, paragraph (5) of the Montana Constitution, which provides:

“No appropriation shall be made for religious, charitable, industrial, educational or benevolent reasons to any private individual, private association or private corporation not under control of the state.”

Plaintiffs argue that this section invalidates the technology investments provided for by HB 700 because those investments ultimately benefit private individuals not under control of the state. They rely primarily on Hollow v. State (Mont. 1986), [222 Mont. 478,] 723 P.2d 227, 43 St.Rep. 1435; and Hill v. Rae (1916), 52 Mont. 378, 158 P. 826, as providing support for their argument. Plaintiffs assert that none of the Montana capital companies or the other various companies or individuals that receive investments are under the control of the state.

Defendants maintain this Court has made it clear that as long as appropriations go directly to a state agency, there is no violation of Art. V, Section 11(5), even though the state funds ultimately benefit private persons. Defendants cite Grossman and Huber v. Groff (1976), 171 Mont. 442, 558 P.2d 1124 as their authority. Defendants argue that in this case the appropriations are made to a public agency, the Montana Science and Technology Development Board, which is under the control of the state.

In order to gain perspective on this issue, we will examine the authorities cited by both parties in chronological order. While plaintiffs cite Hill as being dispositive, it was decided in 1916 and was therefore based on the 1889 constitution.

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White v. State
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Bluebook (online)
759 P.2d 971, 233 Mont. 81, 45 State Rptr. 1310, 1988 Mont. LEXIS 221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-state-mont-1988.