Introduced in the 1997 Montana Legislature. Passed.
HOUSE JOINT RESOLUTION NO.
INTRODUCED BY CURTISS, MCGEE, MOOD, WAGNER, ORR
BY REQUEST OF THE HOUSE JUDICIARY COMMITTEE
A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF
STATE OF MONTANA REQUESTING FEDERAL LAW ENFORCEMENT OFFICERS TO MORE FULLY
COOPERATE WITH COUNTY SHERIFFS.
WHEREAS, Montana is one of
the several sovereign states that
the United States of America; and
WHEREAS, the several states banded together under the United States
Constitution to form the federal government and empowered it to serve the
states in certain, limited ways; and
WHEREAS, since its inception, the federal government has assumed
increasingly greater powers over the affairs of, and within, the states;
WHEREAS, as the Montana Attorney General has stated in an amicus
Printz v. United States, before the United States Supreme Court, the states
are not intended to be "mere administrative subdivisions of the federal
government contrary to the sovereign powers reserved to [the states] by the
Tenth Amendment"; and
WHEREAS, the exercise of the power of the federal government to
federal law enforcement officers into this state for enforcement of the
laws has been considerably expanded relatively recently; and
WHEREAS, there have been occasions when federal law enforcement
have conducted significant law enforcement operations in Montana without
the knowledge and participation of the elected County Sheriffs; and
WHEREAS, the regular involvement of the elected County Sheriffs in
law enforcement operations will ensure local knowledge of conditions and
personalities, ensure that federal law enforcement operations will be
conducted so as to minimize alienation of the local public, enhance safety
of law enforcement personnel, and ensure that instances of federal abuse of
the rights of Montana citizens will be minimized.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF
REPRESENTATIVES OF THE STATE OF MONTANA:
(1) That federal law enforcement officers conducting or planning arrests,
searches, and seizures in Montana be requested to inform the County Sheriff
of the county in which the operations are planned in advance of the
(2) That federal law enforcement officers conducting or planning arrests,
searches, and seizures in Montana be requested to invite the County Sheriff
or a representative of the County Sheriff of the county in which the
operations are planned or conducted to participate in the operation.
(3) That the Department of Justice, Division of Crime Control, be
requested to keep an operations log of federal arrests, searches, and
seizures in Montana reported by County Sheriffs, including reported
information about the operations for which the County Sheriffs have been
given advance knowledge and an invitation to participate.
(4) That the Secretary of State be requested to send a copy of this
resolution to the U.S. Attorney for Montana and to the directors of each
federal law enforcement agency having jurisdiction in Montana, including
but not limited to the U.S. Department of Justice; Federal Bureau of
Investigation; Drug Enforcement Administration; U.S. Secret Service; U.S.
Marshals Service; U.S. Fish and Wildlife Service; Bureau of Alcohol,
Tobacco, and Firearms; U.S. Forest Service; Bureau of Land Management;
Bureau of Indian Affairs; U.S. Customs Service; Immigration and
Naturalization Service; U.S. Postal Inspection Service; Defense
Investigation Service; Department of Energy Inspector General; Department
of Education Inspector General; Federal Protective Service; General
Services Administration Inspector General; Department of Health and Human
Services Inspector General; Department of Housing and Urban Development
Inspector General; Internal Revenue Service; Department of Labor Inspector
General; Department of Transportation Inspector General; and Veterans
Affairs Security and Law Enforcement.