American Cancer Society v. State

¶1 Petitioners requested this Court to accept original jurisdiction over their petition for declaratory judgment and declare House Bill 758 (HB 758), enacted by the 2003 Montana Legislature unconstitutional. Act approved Apr. 23, 2003, ch. 471, 2003 Mont. Laws 1797 (codified at § 7-1-120, MCA). By order dated October 22, 2003, we accepted original jurisdiction of the following four issues:

¶2 1. Whether HB 758 enacted in violation of Article V, Section 11(3), of the Constitution of Montana;

¶3 2. Whether HB 758 unconstitutionally deprives local governments and the people of the right of…