The legislature shall not pass a special or local act when a general act is, or can be made, applicable. <ref>http://courts.mt.gov/content/library/docs/72constit.pdf</ref>
History
Sources
1884 Montana Constitution (proposed)
V.26 <ref>http://courts.mt.gov/content/library/docs/1884const.pdf</ref>
The legislative assembly shall not pass local or special laws in any of the following enumerated cases, that is to say: For granting divorces; laying out, opening, altering or working roads or highways, vacating roads, town plats, streets, alleys or public grounds; locating or changing county seats; regulating county or township affairs; regulating the practice in courts of justice; regulating the jurisdiction and duties of justices of the peace, police magistrates or constables; changing the rules of evidence in any trial or inquiry; providing for changes of venue in civil or criminal cases; declaring any person of age; for limitation of civil actions, or giving effect to informal or invalid deeds; summoning or impaneling grand or petit juries; providing for the management of common schools; regulating the rate of interest on money; the opening or conducting of any election, or designating the place of voting; the sale or mortgage of real estate belonging to minors or others under disability; chartering or licensing ferries of toll bridges or toll roads; remitting fines, penalties, or forfeitures; creating, increasing or decreasing fees, percentage, or, allowances of public officers; changing the law of descent; granting to any corporation, association or individual the right to lay down railroad tracks, or any special or exclusive privilege, immunity or franchise whatever; for the punishment of crimes; changing the names of persons or places; for the assessment or collection of taxes; affecting estates of deceased persons, minors or others under legal disabilities; extending the time for the collection of taxes; refunding money paid into the State treasury; relinquishing or extinguishing, in whole or in part, the indebtedness, liability or obligation of any corporation or person to this state, or to any municipal corporation therein; exempting property from taxation; restoring to citizenship persons convicted of infamous crimes; authorizing the creation, extension or impairing of liens; creating offices, or prescribing the powers and duties of officers in counties, cities, townships, election, or school districts; or authorizing the adoption or legitimation of children. In all cases where a general law can be made applicable, no special law shall be enacted.
1889 Montana Constitution
V.26 <ref>http://courts.mt.gov/content/library/docs/1889cons.pdf</ref>
The legislative assembly shall not pass local or special laws in any of the following enumerated cases, that is to say: For granting divorces; laying out, opening altering or working roads or highways; vacating roads, town plats, streets, alleys or public grounds; locating or changing county seats; regulating county or township affairs; regulating the practice in courts of justice; regulating the jurisdiction and duties of justices of the peace, police magistrates or constables; changing the rules of evidence in any trial or inquiry; providing for changes of venue in civil or criminal cases; declaring any person of age; for limitation of civil actions, or giving effect to informal or invalid deeds; summoning or impaneling grand or petit juries; providing for the management of common schools; regulating the rate of interest on money; the opening or conducting of any election or designating the place of voting; the sale or mortgage of real estate belonging to minors or others under disability; chartering or licensing ferries or bridges or toll roads; chartering banks, insurance companies and loan and trust companies; remitting fines, penalties or forfeitures; creating, increasing or decreasing fees, percentages or allowances of public officers; changing the law of descent; granting to any corporation, association or individual the right to lay down railroad tracks, or any special or exclusive privilege, immunity or franchise whatever; for the punishment of crimes; changing the names of persons or places; for the assessment or collection of taxes; affecting estates of deceased persons, minors or others under legal disabilities; extending the time for the collection of taxes; refunding money paid into the State treasury; relinquishing or extinguishing in whole or in part the indebtedness, liability or obligation of any corporation or person to this state, or to any municipal corporation therein; exempting property from taxation; restoring to citizenship persons convicted of infamous crimes; authorizing the creation, extension or impairing of liens; creating offices, or prescribing the powers and duties of officers in counties, cities, township or school districts; or authorizing the adoption or legitimation of children. In all cases where a general law can be made applicable, no special law shall be enacted.
Other Sources
THE UNITED STATES CONSTITUTION
Article 5, Section 12 of the 1972 Constitution was a simplification of the 1884 and 1889 versions. It eliminated all of the enumerated prohibitions and essentially kept the last sentence of the prior versions. Delegate Johnson indicated in the 1972 constitutional convention proceedings that many of the enumerated prohibitions in the prior versions were either becoming obsolete or were likely prohibited by Article I, Sections 8, 9, and 10 of the United States Constitution.<ref>4 Verbatim Transcript 674 (Feb. 22, 1972).</ref>
Article I of the United States Constitution <ref>https://www.law.cornell.edu/constitution/articlei#section8</ref>
Section 8.
The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
To provide for the punishment of counterfeiting the securities and current coin of the United States;
To establish post offices and post roads;
To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
To constitute tribunals inferior to the Supreme Court;
To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval forces;
To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--And
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
Section 9.
The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.
The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.
No bill of attainder or ex post facto Law shall be passed.
No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.
No tax or duty shall be laid on articles exported from any state.
No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: nor shall vessels bound to, or from, one state, be obliged to enter, clear or pay duties in another.
No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time.
No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.
Section 10.
No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.
No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing it's inspection laws: and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.
No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.
OTHER STATE CONSTITUTIONS
Though it was never explicitly stated in the 1889 Constitutional Convention transcripts<ref>See Proceedings and Debates: 1889 Montana Constitutional Convention, pp. 608-610 (published Feb. 6, 1922) (University of Montana Jameson Law Library REF KFM 9401 1889.A2 c1). </ref>, the 1889 Montana Constitution Article 5 Section 26 appears to be adopted nearly whole cloth from the Colorado Constitution. The Colorado Constitution was adopted in 1876.<ref>http://en.wikipedia.org/wiki/Constitution_of_Colorado</ref>
Colorado
C.R.S.A. Const. Art. 5, § 25
The general assembly shall not pass local or special laws in any of the following enumerated cases, that is to say; for granting divorces; laying out, opening, altering or working roads or highways; vacating roads, town plats, streets, alleys and public grounds; locating or changing county seats; regulating county or township affairs; regulating the practice in courts of justice; regulating the jurisdiction and duties of police magistrates; changing the rules of evidence in any trial or inquiry; providing for changes of venue in civil or criminal cases; declaring any person of age; for limitation of civil actions or giving effect to informal or invalid deeds; summoning or impaneling grand or petit juries; providing for the management of common schools; regulating the rate of interest on money; the opening or conducting of any election, or designating the place of voting; the sale or mortgage of real estate belonging to minors or others under disability; the protection of game or fish; chartering or licensing ferries or toll bridges; remitting fines, penalties or forfeitures; creating, increasing or decreasing fees, percentage or allowances of public officers; changing the law of descent; granting to any corporation, association or individual the right to lay down railroad tracks; granting to any corporation, association or individual any special or exclusive privilege, immunity or franchise whatever. In all other cases, where a general law can be made applicable no special law shall be enacted.
In his constitutional convention study for the 1972 Constitutional Convention, Richard Bechtel observed that 31 states and Montana had some form of prohibition on special legislation.<ref>Richard F. Bechtel, Constitution Convention Study # 12, pp. 20-22 (University of Montana Jameson Law Library REF KFM 9400.M75). </ref> Among these states, Illinois, Michigan, and Maine have special legislation provisions worded most similarly to Montana's 1972 version.
Illinois
ILCS Const. Art. 4, § 13
The General Assembly shall pass no special or local law when a general law is or can be made applicable. Whether a general law is or can be made applicable shall be a matter for judicial determination.
Michigan
M.C.L.A. Const. Art. 4, § 29
The legislature shall pass no local or special act in any case where a general act can be made applicable, and whether a general can be made applicable shall be a judicial question. No local or special act shall take effect until approved by two-thirds of the members elected to and serving in each house and by a majority of the electors voting thereon in the district affected. Any act repealing local or special acts shall require only a majority of the members elected to and serving in each house and shall not require submission to the electors of such district.
Maine
M.R.S.A. Const. Art. 4, Pt. 3, § 13
The Legislature shall, from time to time, provide, as far as practicable, by general laws, for all matters usually appertaining to special or private legislation.
Drafting
Delegate Proposal No. 22 (Reichert, Robinson, Kelleher, Rollins, Harper, Toole, Dahood, Jacobson, Warden, Felt, Ward, Harlow, Payne, Berthelson, Bowman, Harbaugh, Choate, Brown, McDonough, Rebal, Mansfield, Bugbee, Skari, Campbell, Monroe, Loendorf, Murray, Arbanas, Swanberg, Blend, Erdmann, Cain, Furlong, Heliker, Speer, Leuthold, Conniver, Roeder, Eck, Burkhardt): The legislative assembly shall pass no special or local act when a general act is, or can be made, applicable.<ref>1 Montana Constitutional Convention Proceedings 111</ref>
Delegate Proposal No. 140 (Bates, Mahoney, Johnson, Etchart, Cain, Kamhoot, Hanson, Studer, Jacobsen, Anderson, Cross, Siderius, Babcock, Artz, Arness, Driscoll, Blaylock, Nutting, Barnard, Schiltz, Ward, Melvin, James, Gysler, Conover, Belcher, Ask, Aronow, Rygg, Delaney): Legislative Article, Section 9. RESTRICTIONS ON LEGISLATIVE POWER. (1) The legislature shall not pass local or special laws where a general law is or can be made applicable. (2) Except as otherwise provided in this Constitution, no law shall extend the term of any public officer. (3) No appropriation shall be made for charitable, industrial, educational, or benevolent purposes to any person, corporation, or community not under the absolute control of the state, nor to any denominational or sectarian institution or association.<ref>1 Montana Constitutional Convention Proceedings 276</ref>
Legislative Committee Majority Proposals: LOCAL AND SPECIAL LEGISLATION. The legislature may not pass a special or local act when a general act is, or can be made applicable.<ref>1 Montana Constitutional Convention Proceedings 378; 1 Montana Constitutional Convention Proceedings 389; 1 Montana Constitutional Convention Proceedings 397; 1 Montana Constitutional Convention Proceedings 406</ref>
Comments to Legislative Committee Majority Proposal: This proposed section is a replacement for Article V, Section 26 of the present Constitution. It is simply a restatement of the last sentence of section 26. The committee believes that this concise statement adequately covers the prohibitions set out at length in the original section. The committee wishes to remove the laundry list of prohibitions because of its tendency to become rapidly obsolete. An added protection would be an equal protection clause in the United States Constitution. In addition the prohibition against special and local laws is well established in Montana and United States jurisprudence.<ref>1 Montana Constitutional Convention Proceedings 389–90</ref>
Report of Committee on Style and Drafting: LOCAL AND SPECIAL LEGISLATION. The legislature shall not pass a special or local act when a general act is, or can be made, applicable.<ref>II Montana Constitutional Convention Proceedings 863; II Montana Constitutional Convention Proceedings 1054</ref>
Introduction to the Floor (Johnson): This proposed section is replacement for Article V, [Section 26] of the Constitution of Montana. . . . Section 26 is probably the longest section in our Constitution and I'm not going to read it. . . . I will say it has a long list of prohibitions. [The proposed Section 12 is] simply a restatement of the . . . last sentence of Section 26. Our committee believes that this statement adequately covers the prohibitions set at length in the original section. The committee wishes to remove the long, long list of prohibitions and partly because all these prohibitions are becoming obsolete. You'll find in the U.S. Constitution, Sections 8, 9 and 10 of Article I, probably in one way or another covers all these prohibitions. In addition, this prohibition against special and local laws is well established in Montana and the United States jurisprudence. As the cowboys down in Powder River say, "inclusio unius, ex[c]lusio ulterius." [Laughter] I've been asked for a translation. It's a good thing I have it. "[I]nclusion of the one means the exclusion of the other."<ref>IV Verbatim Transcript 674</ref>
Debate: There was no debate on the provision.<ref>IV Verbatim Transcript 674</ref>
Adoption: The Delegates adopted the provision on voice vote (none opposed) on February 22, 1972.<ref>IV Verbatim Transcript 674</ref> The Delegates adopted Article V, Section 12 in its final form on March 10, 1972, with a vote of 89 Delegates in favor, 5 opposed, and 6 absent.<ref>VI Verbatim Transcript 1884–85</ref>
Ratification
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Interpretation
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Commentary
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