MEA-MFT v. McCullochAnnotate this Case
LR-123 was enacted by the Montana Legislature in 2011. It proposed a vote in the November 2012 general election on whether to provide a tax credit and potential tax refund, or outright State payment, to individuals in years in which there is a certain level of projected surplus revenue. Plaintiffs filed a complaint contending LR-123 was unconstitutional because it unlawfully delegated legislative powers. The constitutional issue in this case turned upon whether LR-123 impermissibly delegated legislative power to an employee (the legislative fiscal analyst) of one of the Legislature's committees. The district court found that LR-123 unconstitutionally delegated legislative power to the legislative fiscal analyst. The Supreme Court affirmed, holding that LR-123 was unconstitutional on its face and therefore may not appear on the ballot in November 2012.