Mont. Code Ann. § 7-3-147 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-147
7-3-147 Availability of petitions
Status: in_force

7-3-147 . Availability of petitions. (1) Sufficient copies of a petition proposing alterations to an existing form of local government must be made available to the public for inspection at convenient locations and at reasonable hours to provide all interested persons an opportunity to review the recommendations and documents. The copies must be available no later than 30 days prior to an election on the recommendations if such an election is to be held. The local government may distribute copies of a petition to the electors or residents of the local government.

(2) The cost of preparing the copies needed to meet the requirements of this section shall be borne by the affected local government.
Mont. Code Ann. § 7-14-2827 — MT Code / Title 7 / Chapter 14 / Part 28 / Section 7-14-2827
7-14-2827 Surety bond required
Status: in_force

7-14-2827 . Surety bond required. The bond required of the owner or keeper of the ferry must be in the sum fixed by the board of county commissioners, with one or more sureties, and conditioned that the ferry will be kept in good repair and condition and that the owner or keeper will faithfully comply with the laws of the state and all legal orders of the board regulating the ferry and pay all damages recovered against the owner or keeper by any person injured or damaged by reason of delay at or defect in the ferry or in any manner resulting from a noncompliance with the laws or lawful orders regulating the ferry. The bond must be approved by the board.
Mont. Code Ann. § 7-4-2635 — MT Code / Title 7 / Chapter 4 / Part 26 / Section 7-4-2635
7-4-2635 Records preservation fund authorized
Status: in_force

7-4-2635 . Records preservation fund authorized. (1) The board of county commissioners shall establish a records preservation fund for the purpose of preserving the records maintained by the county clerk and recorder. The county clerk and recorder is responsible for expenditures from the fund and shall use the money for records preservation.

(2) The county clerk and recorder shall deposit $2 of the fee received under 7-4-2632 in the records preservation fund.

(3) The governing body of the county may transfer to the general fund any money in the records preservation fund that is not needed for records preservation.
Mont. Code Ann. § 7-8-2608 — MT Code / Title 7 / Chapter 8 / Part 26 / Section 7-8-2608
7-8-2608 Permits for domestic use of dead and down timber
Status: in_force

7-8-2608 . Permits for domestic use of dead and down timber. Permits may be issued free of charge to residents and settlers of the county for dead, down, or inferior timber for fuel and domestic purposes, in such quantities and under such restrictions and regulations as the board of county commissioners may approve.
Mont. Code Ann. § 7-6-4601 — MT Code / Title 7 / Chapter 6 / Part 46 / Section 7-6-4601
7-6-4601 Deposit of public money
Status: in_force

7-6-4601 . Deposit of public money. The city treasurer or town clerk, whichever is appropriate, shall deposit all public money in the treasurer's or clerk's possession and under the treasurer's or clerk's control, except as may be required for current business, only in any solvent bank or banks located in the city or town and subject to national supervision or state examination, as the council shall designate.
Mont. Code Ann. § 7-3-502 — MT Code / Title 7 / Chapter 3 / Part 5 / Section 7-3-502
7-3-502 Nature of government
Status: in_force

7-3-502 . Nature of government. The plan of government submitted to the qualified electors shall determine the powers of the local government unit by authorizing:

(1) general government powers; or

(2) self-government powers.
Mont. Code Ann. § 7-3-1211 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1211
7-3-1211 Treatment of existing ordinances
Status: repealed

7-3-1211 . Treatment of existing ordinances. The commission first elected may, at its first meeting, make an order that all existing ordinances and resolutions of some one city or town within the consolidated municipality which are of general application in such city or town shall be continued in force and be extended throughout the consolidated municipality, and a copy of such order must be published at least once in each newspaper printed and published within the consolidated municipality within 10 days after the making of such order. All other ordinances and resolutions of such city or town and all ordinances of all other cities and towns within the consolidated municipality, save and except ordinances and resolutions relating to public improvements to be paid for in whole or in part by special assessments, shall, upon the making of such order, be deemed repealed.
Mont. Code Ann. § 7-3-1212 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1212
7-3-1212 Treatment of existing officers
Status: in_force

7-3-1212 . Treatment of existing officers. The members of the board of county commissioners of the county and members of the council of every city and town therein holding office on the date when any election is held at which the question of the consolidation and merging of the county and city and town governments is approved and adopted by the qualified electors of the county shall continue in office and in the performance of their duties until the first commission shall have been elected and have qualified, whereupon such board of county commissioners and city and town councils shall be deemed abolished. All other persons holding offices or positions, whether elective or appointive, under the government of such county or under the government of any city or town therein at the date of such election shall continue in the performance of the duties of their respective offices and positions until provision shall be made by the commission for the performance or discontinuance of such duties or the discontinuance of such offices or positions.
Mont. Code Ann. § 7-14-211 — MT Code / Title 7 / Chapter 14 / Part 2 / Section 7-14-211
7-14-211 Ballot form
Status: in_force

7-14-211 . Ballot form. At the election provided for under 7-14-210 , the ballots shall contain the words:

☐ Transportation district -- YES

☐ Transportation district -- NO
Mont. Code Ann. § 7-1-121 — MT Code / Title 7 / Chapter 1 / Part 1 / Section 7-1-121
7-1-121 Statewide uniformity for auxiliary container regulations -- local prohibitions -- definitions
Status: in_force

7-1-121 . Statewide uniformity for auxiliary container regulations -- local prohibitions -- definitions. (1) The purpose of this section is to preempt any local ordinance, resolution, initiative, or referendum regulating the use, disposition, sale, prohibitions, fees, charges, or taxes on certain containers.

(2) Except as provided in subsection (3), a local unit of government may not adopt or enforce any local ordinance, resolution, initiative, or referendum that:

(a) regulates the use, disposition, or sale of auxiliary containers;

(b) prohibits or restricts auxiliary containers; or

(c) imposes a fee, charge, or tax on auxiliary containers.

(3) The prohibitions in subsection (2) may not be construed to prohibit, restrict, or apply to any of the following:

(a) a curbside recycling program;

(b) a designated residential or commercial recycling location;

(c) a commercial recycling program;

(d) an ordinance that prohibits littering; or

(e) the use of auxiliary containers on property owned by a local unit of government.

(4) As used in this section, unless the context requires otherwise, the following definitions apply:

(a) "Auxiliary container" means a bag, cup, bottle, can, device, eating or drinking utensil or tool, or other packaging, whether reusable or single use, that is:

(i) made of cloth, paper, plastic, including foamed or expanded plastic, cardboard, corrugated material, aluminum, glass, postconsumer recycled material, or similar material or substrates, including coated, laminated, or multilayer substrates; and

(ii) designed for transporting, consuming, or protecting merchandise, food, or a beverage to or from, or at, a food service, manufacturing, distribution or processing facility, or retail facility.

(b) "Local unit of government" means any county, municipality, school district, special district or other political subdivision of the state, including any agency or governing body of a local unit of government as defined by 7-4-502 , or a similar unit of government of another state or nation.
Mont. Code Ann. § 7-12-4108 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4108
7-12-4108 Responsibility for posting and publication of notice
Status: in_force

7-12-4108 . Responsibility for posting and publication of notice. (1) Whenever any resolution, order, notice, or determination is required to be published or posted and the duty of posting or procuring the publication or posting of the same is not specifically enjoined upon any officer of the city, it shall be the duty of the city clerk to post or procure the publication or posting thereof, as the case may be.

(2) No proceeding or step herein shall be invalidated or affected by any error or mistake or departure herefrom as to the officer or person posting or procuring the publication or posting of any resolution, notice, order, or determination hereunder when the same is actually published or posted for the time herein required.
Mont. Code Ann. § 7-16-4109 — MT Code / Title 7 / Chapter 16 / Part 41 / Section 7-16-4109
7-16-4109 Gifts and bequests for public recreation
Status: in_force

7-16-4109 . Gifts and bequests for public recreation. Any corporation, board, or body designated in 7-16-4108 , given authority to operate and conduct a recreation program or given charge of such program, is authorized to accept gifts and bequests in the name or names of the sponsors of said program, as said sponsors may agree, for the benefit of said recreational work.
Mont. Code Ann. § 7-32-213 — MT Code / Title 7 / Chapter 32 / Part 2 / Section 7-32-213
7-32-213 Qualifications for appointment as reserve officer
Status: in_force

7-32-213 . Qualifications for appointment as reserve officer. To be appointed a reserve officer, a person:

(1) must have resided in the state continuously for at least 1 year prior to the appointment and in the county where the appointment is made for a period of at least 6 months prior to the date of the appointment;

(2) must be a citizen of the United States;

(3) must be at least 18 years of age;

(4) must be fingerprinted, and a search must be made of local, state, and national fingerprint files to disclose any criminal record;

(5) may not have been convicted of a crime for which the person could have been imprisoned in a federal penitentiary or state prison;

(6) must be of good moral character as determined by a thorough background investigation;

(7) must be a graduate of an accredited high school or the equivalent;

(8) must be examined by a licensed physician within 30 days immediately preceding the date of appointment and pronounced in good physical condition; and

(9) must possess a valid Montana driver's license.
Mont. Code Ann. § 7-2-4734 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4734
7-2-4734 Standards to be met before annexation can occur
Status: in_force

7-2-4734 . Standards to be met before annexation can occur. A municipal governing body may extend the municipal corporate limits to include any area that meets the following standards:

(1) The area must be contiguous to the municipality's boundaries at the time the annexation proceeding is begun.

(2) No part of the area may be included within the boundary of another incorporated municipality.

(3) The area must be included within and the proposed annexation must conform to a growth policy adopted pursuant to Title 76, chapter 1, or a land use plan adopted pursuant to Title 76, chapter 25.

(4) (a) If fire protection services in the area to be annexed have been provided by a fire district organized under Title 7, chapter 33, part 21, the plan must:

(i) include provisions for coordinating the transfer of fire protection services to the municipality and compensating the district, if necessary, for equipment and district expenses; or

(ii) describe the municipality's plans to annex to the rural fire district pursuant to 7-33-4115 .

(b) Upon transfer of fire protection services to a municipality under subsection (4)(a)(i), the existing boundaries of a rural fire district may be altered or the fire district may be dissolved as provided in 7-33-2401 .
Mont. Code Ann. § 7-3-4258 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4258
7-3-4258 Civil service examinations
Status: in_force

7-3-4258 . Civil service examinations. Said commission shall, on the first Monday of April and October of each year or more often if it shall be deemed necessary, under such rules as may be prescribed by the council, hold examinations for the purpose of determining the qualifications of applicants for positions, which examination shall be practical and shall fairly test the fitness of the persons examined to discharge the duties of the position to which they seek to be appointed. Such commission shall, as soon as possible after such examination, certify to the council double the number of persons necessary to fill vacancies, who according to the records have the highest standing for the position they seek to fill as a result of such examination, and all vacancies which occur that come under the civil service prior to the date of the next regular examination shall be filled from said list so certified; provided, however, that should the list for any cause be reduced to less than three for any division, then the council or the head of the proper department may temporarily fill a vacancy, but not to exceed 30 days.
Mont. Code Ann. § 7-13-4535 — MT Code / Title 7 / Chapter 13 / Part 45 / Section 7-13-4535
7-13-4535 Referendum to abolish local water quality district or joint local water quality district -- termination procedures
Status: in_force

7-13-4535 . Referendum to abolish local water quality district or joint local water quality district -- termination procedures. (1) A person owning a fee-assessed unit located within a local water quality district or a joint local water quality district may petition the commissioners of a local water quality district or the board of directors of a joint water quality district to submit a referendum to the registered electors residing in the district to terminate or abolish the district. The petition must be in writing and contain the signatures and addresses of 20% or more of the owners of fee-assessed units in the district. The petition requesting a referendum for termination or abolishment of a district must be delivered to the county clerk, who shall endorse on it the date on which the petition was received and validate the signatures within 60 days of receipt of the petition. If the petition contains valid signatures of at least 20% of the owners of fee-assessed units located within the district, the county clerk shall notify the commissioners of a local water quality district or the board of directors of a joint water quality district.

(2) On receipt of a valid petition described in subsection (1), the commissioners of a local water quality district or the board of directors of a joint water quality district shall submit the referendum to the registered electors residing in the district in an election conducted in accordance with Title 13, chapter 1, part 5.
Mont. Code Ann. § 7-11-226 — MT Code / Title 7 / Chapter 11 / Part 2 / Section 7-11-226
7-11-226 Consideration of property and debts
Status: in_force

7-11-226 . Consideration of property and debts. The commission shall:

(1) determine the value and amount of all property used in performing any local governmental service and all bonded and other indebtedness of units of local government attributable to the acquisition of such property and affected by its comprehensive program for both urban area services and countywide services; and

(2) determine and provide in its proposed program for assumption or equitable adjustment of such property and debts of each unit of local government affected.
Mont. Code Ann. § 7-7-4202 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4202
7-7-4202 Special provisions relating to water and sewer systems
Status: in_force

7-7-4202 . Special provisions relating to water and sewer systems. (1) A city or town may incur an additional indebtedness by borrowing money or issuing bonds beyond the amount authorized in 7-7-4201 for the purpose of constructing a sewer system, procuring a water supply, or constructing or acquiring a water system for a city or town that owns and controls the water supply and water system and devotes the revenue from the water supply and water system to the payment of the debt.

(2) The additional total indebtedness that may be incurred by borrowing money or issuing bonds for the construction of a sewer system, for the procurement of a water supply, or for both of the purposes, including all indebtedness that is contracted and that is unpaid or outstanding, may not in the aggregate exceed 55% over and above the debt limitation referred to in 7-7-4201 .
Mont. Code Ann. § 7-4-2401 — MT Code / Title 7 / Chapter 4 / Part 24 / Section 7-4-2401
7-4-2401 Deputy officers
Status: in_force

7-4-2401 . Deputy officers. (1) Each county and township officer, except a justice of the peace and the county assessor, may appoint as many deputies or assistants as may be necessary for the faithful and prompt discharge of the duties of the office. All compensation or salary of any deputy or assistant must be as provided in this code.

(2) The appointment of deputies, clerks, and subordinate officers of counties, districts, and townships must be made in writing and filed in the office of the county clerk and recorder.
Mont. Code Ann. § 7-1-113 — MT Code / Title 7 / Chapter 1 / Part 1 / Section 7-1-113
7-1-113 Consistency with state regulation required
Status: in_force

7-1-113 . Consistency with state regulation required. (1) A local government with self-government powers is prohibited the exercise of any power in a manner inconsistent with state law or administrative regulation in any area affirmatively subjected by law to state regulation or control.

(2) The exercise of a power is inconsistent with state law or regulation if it establishes standards or requirements which are lower or less stringent than those imposed by state law or regulation.

(3) An area is affirmatively subjected to state control if a state agency or officer is directed to establish administrative rules governing the matter or if enforcement of standards or requirements established by statute is vested in a state officer or agency.
Mont. Code Ann. § 7-15-2120 — MT Code / Title 7 / Chapter 15 / Part 21 / Section 7-15-2120
7-15-2120 Authorization for counties to furnish assistance in the rehabilitation of private dwellings
Status: in_force

7-15-2120 . Authorization for counties to furnish assistance in the rehabilitation of private dwellings. If it has determined that unsanitary or unsafe privately owned dwellings exist in the unincorporated area of the county and it has further determined that the owners of such dwellings are unable under the prevailing market conditions to finance replacement or rehabilitation of their dwellings without assistance, the board of county commissioners may:

(1) using the funds provided in subsection (2), finance the replacement or rehabilitation of such unsanitary or unsafe privately owned dwellings through the use of grants of funds or property, direct loans, loan guarantees, and any other means;

(2) accept gifts of property or apply for and accept grants, contributions, and any other form of financial assistance from the federal government or the state or other public body or from any other public or private source for the purposes of this section and 7-15-2101 ; and

(3) enter into and carry out contracts in connection with activities under subsection (1) or (2).
Mont. Code Ann. § 7-7-2223 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2223
7-7-2223 Election required for issuance of certain bonds
Status: in_force

7-7-2223 . Election required for issuance of certain bonds. (1) County bonds for any purpose other than those enumerated in 7-7-2221 and 7-7-2311 may not be issued unless authorized by registered electors of the county voting at an election conducted in accordance with Title 13, chapter 1, part 4.

(2) A bond election may not be called unless the board of county commissioners:

(a) initiates and unanimously adopts a resolution in accordance with the provisions of 7-7-2227 (2); or

(b) receives a petition, delivered and certified by the election administrator, asking that the election be held and the question be submitted. The petition must be signed by at least 20% of the registered electors of the county.
Mont. Code Ann. § 7-33-4207 — MT Code / Title 7 / Chapter 33 / Part 42 / Section 7-33-4207
7-33-4207 Regulation of industries with fire-causing potential
Status: in_force

7-33-4207 . Regulation of industries with fire-causing potential. The city or town council has power to regulate, restrain, or prevent the carrying on of manufactories dangerous in causing or producing fires.
Mont. Code Ann. § 7-3-4317 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4317
7-3-4317 Vacancies
Status: in_force

7-3-4317 . Vacancies. Vacancies in the commission shall be filled by the commission for the period until the next general election and until a successor is elected and qualified, but any vacancy resulting from a recall shall be filled in the manner provided in such case.
Mont. Code Ann. § 7-5-201 — MT Code / Title 7 / Chapter 5 / Part 2 / Section 7-5-201
7-5-201 Operation of self-government consolidated units of local government
Status: in_force

7-5-201 . Operation of self-government consolidated units of local government. (1) Except as provided in 7-3-1105 (2) and 7-3-1222 (6), whenever existing law contains different provisions and procedures for the functioning of counties and municipalities, including but not limited to such areas as election procedures, issuance of bonds, adoption of budgets, creation of special districts, levying of taxes, and provision of services, the governing body of a self-government consolidated unit of local government which contains at least one county and one municipality shall by ordinance adopt either the county or municipality provisions. The ordinance may provide for necessary changes in the statutes to accommodate the structure of the consolidated unit. This subsection applies to self-government consolidated units only in those areas where the units are subject to state law under 7-1-111 through 7-1-114 .

(2) A combination of county and municipal offices in a self-government consolidated unit may be accomplished by ordinance whenever a combination is necessary for carrying out a duty assigned by state law to the local government. Whenever state law imposes a duty upon a specific official or employee of a self-government consolidated unit of local government and the local government under its adopted alternative form of government does not have that official or employee, the governing body may by ordinance assign that duty to the appropriate official or employee of the local government. The governing body of any self-government consolidated unit of local government may by ordinance assign responsibility to carry out any function or provide any service required by state law to one or more departments, officers, or employees of the local government notwithstanding the fact that the state law may assign the function or service to a specific office.
Mont. Code Ann. § 7-8-2707 — MT Code / Title 7 / Chapter 8 / Part 27 / Section 7-8-2707
7-8-2707 Organization of board -- conduct of business
Status: in_force

7-8-2707 . Organization of board -- conduct of business. (1) The board shall select a presiding officer from its members. The county clerk is the clerk of the board.

(2) The board shall hold regular meetings on the first Wednesday following the first Monday of each month and may hold meetings whenever considered necessary upon a call of the presiding officer or a majority of the members. Three members of the board constitute a quorum for the transaction of business. The board may adopt rules it considers proper for the conduct of its meetings.

(3) The county clerk, as clerk of the advisory board, shall keep the minutes of all meetings and is custodian of all its records. The board shall keep a record of the minutes of all meetings in a suitable book, provided by the board of county commissioners for that purpose, and preserve all important documents, maps, plats, and papers.
Mont. Code Ann. § 7-15-4412 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4412
7-15-4412 Presumption of regularity in creation of municipal housing authority
Status: in_force

7-15-4412 . Presumption of regularity in creation of municipal housing authority. (1) In any suit, action, or proceeding involving the validity or enforcement of or relating to any contract of the authority, the authority shall be conclusively deemed to have been established in accordance with the provisions of this part upon proof of the issuance of the aforesaid certificate by the secretary of state.

(2) A copy of such certificate, duly certified by the secretary of state, shall be admissible in evidence in any such suit, action, or proceeding and shall be conclusive proof of the filing and contents thereof.
Mont. Code Ann. § 7-15-4521 — MT Code / Title 7 / Chapter 15 / Part 45 / Section 7-15-4521
7-15-4521 General powers related to bonds and lease obligations
Status: in_force

7-15-4521 . General powers related to bonds and lease obligations. (1) In connection with the issuance of bonds and/or the incurring of any obligation under a lease and in order to secure the payment of such bonds and/or obligations, the authority shall have power to:

(a) execute all instruments necessary or convenient in the exercise of the powers herein granted or in the performance of its covenants or duties, which may contain such covenants and provisions, in addition to those specified in 7-15-4506 , 7-15-4511 , and 7-15-4521 through 7-15-4528 , as the government or any purchaser of the bonds of the authority may reasonably require;

(b) make such covenants and do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds or, in the absolute discretion of the authority, tend to make the bonds more marketable, notwithstanding that such covenants, acts, or things may not be enumerated herein;

(c) make covenants, other than in addition to the covenants expressly authorized in this part or part 44, of like or different character.

(2) It is the intention of subsection (1)(b) hereof to give the authority power to do all things in the issuance of bonds, in the provisions for their security, that are not inconsistent with the constitution of the state, and no consent or approval of any judge or court shall be required thereof; provided, however, that the authority shall have no power to mortgage all or any part of its real or personal property except as provided in 7-15-4526 .
Mont. Code Ann. § 7-8-2307 — MT Code / Title 7 / Chapter 8 / Part 23 / Section 7-8-2307
7-8-2307 Tax liability of purchased tax-deed lands
Status: in_force

7-8-2307 . Tax liability of purchased tax-deed lands. (1) On January 1 following the execution of a contract or deed, the land is subject to taxation in the name of the purchaser or the purchaser's assignee.

(2) If the taxes are not paid and become delinquent, the contract is subject to cancellation and all payments made must be regarded as rent for the property.
Mont. Code Ann. § 7-2-2809 — MT Code / Title 7 / Chapter 2 / Part 28 / Section 7-2-2809
7-2-2809 Effect on school districts
Status: in_force

7-2-2809 . Effect on school districts. Relocation of property from one county to another under this part does not affect school district boundaries, the operation of a school district, or the county in which the district was located before the boundary was changed.
Mont. Code Ann. § 7-11-204 — MT Code / Title 7 / Chapter 11 / Part 2 / Section 7-11-204
7-11-204 Authorization for establishment of interlocal cooperation commissions
Status: in_force

7-11-204 . Authorization for establishment of interlocal cooperation commissions. An interlocal cooperation commission may be established in either of two ways:

(1) A joint resolution providing for the establishment of an interlocal cooperation commission may be adopted by a separate vote of a majority of the governing bodies of the county, cities, and towns having any jurisdiction in the county under consideration. A certified copy of the resolution or certified copies of the concurring resolutions must be transmitted to the clerk and recorder of the county, and an interlocal cooperation commission must be considered to be authorized.

(2) (a) A petition requesting the establishment of an interlocal cooperation commission must be signed by at least 10% of the qualified voters within the county registered for the preceding general election and must be filed with the clerk and recorder of the county.

(b) Upon receipt of a petition, the clerk and recorder shall examine the source and certify to the sufficiency of the signatures. Within 30 days following receipt of the petition, the clerk and recorder shall transmit the petition to the board of county commissioners and to the governing bodies of all cities and towns having any jurisdiction in the county, together with the clerk and recorder's certificate as to the sufficiency of the petition, and an interlocal cooperation commission must be considered to be authorized.
Mont. Code Ann. § 7-14-4651 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4651
7-14-4651 Redemption of revenue bonds
Status: in_force

7-14-4651 . Redemption of revenue bonds. Bonds may be callable upon such terms and conditions, upon such notice as the commission may determine, and upon the payment of the premium fixed by the commission in the proceedings for the issuance of the bonds. No bond is subject to call or redemption prior to its fixed maturity date unless the right to exercise such call is expressly stated on the face of the bond.
Mont. Code Ann. § 7-2-2802 — MT Code / Title 7 / Chapter 2 / Part 28 / Section 7-2-2802
7-2-2802 Affidavits to be attached to petition -- verification of signatures
Status: in_force

7-2-2802 . Affidavits to be attached to petition -- verification of signatures. (1) There must be attached and filed with each sheet or section for a petition to alter county boundaries an affidavit of the person who circulated the petition, stating that it is the person's belief that:

(a) the petition is signed by at least 25 or a majority of the qualified petitioners, whichever is less;

(b) the signatures are genuine; and

(c) each person signing was, at the date of signing, a qualified petitioner.

(2) Upon receipt of the petition, the clerk of the county in which the qualified petitioners' property is located shall verify, using property records filed with the county and any other information that may be necessary, that the signatories are qualified petitioners.

(3) Within 30 days of receipt of the petition, the clerk shall:

(a) certify that the petition is sufficient under the provisions of subsection (2) and present the petition to the governing body at its next meeting; or

(b) reject the petition if it is insufficient under the provisions of subsection (2).

(4) The clerk shall notify the adjoining county where the proposed boundary change will occur of the clerk's action under subsection (3).

(5) A defect in the contents of the petition or in its title, form of notice, or signatures may not invalidate the petition and subsequent proceedings as long as the petition has a sufficient number of qualified signatures attached.
Mont. Code Ann. § 7-14-4604 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4604
7-14-4604 Public nature of parking commission
Status: in_force

7-14-4604 . Public nature of parking commission. Each commission shall constitute a public body, corporate and politic, exercising public and essential governmental functions.
Mont. Code Ann. § 7-7-2104 — MT Code / Title 7 / Chapter 7 / Part 21 / Section 7-7-2104
7-7-2104 Replacement of lost bond, warrant, or coupon
Status: in_force

7-7-2104 . Replacement of lost bond, warrant, or coupon. (1) The board may issue a duplicate warrant, bond, or coupon whenever any warrant, bond, or coupon drawn by it upon the treasury of the county is lost or destroyed. The duplicate warrant, bond, or coupon must be in the same form as the original and will take the place in order of registration and payment of and supersede the original bond, warrant, or coupon. It must have the word "duplicate" plainly printed across its face.

(2) No duplicate warrant, bond, or coupon may be issued under this section unless the person entitled to receive the duplicate deposits with the county treasurer a bond in double the amount for which the duplicate warrant, bond, or coupon is issued, conditioned to render the county and its officers harmless from all loss, costs, or damages by reason of issuing the duplicate.

(3) No bond of indemnity is required:

(a) when a payee is the state of Montana or any agency, instrumentality, or officer of the state;

(b) when the owner or custodian is the state or any agency or officer thereof;

(c) when the owner or custodian is a bank, savings and loan association, credit union, admitted insurer, or trust company whose financial condition is regulated by the state;

(d) when it can be established that a crime has been committed and that as a result of such crime a county warrant, bond, or coupon has been stolen or destroyed; or

(e) when it can be established that a county warrant, bond, or coupon has been mailed to an incorrect payee.

(4) If the owner or custodian applies under the provisions of subsection (3)(d) or (3)(e), a stop-payment order shall be placed on the original warrant, bond, or coupon by the county treasurer.

(5) If the owner or custodian applies under the provisions of subsection (3)(c), (3)(d), or (3)(e), the application shall include an agreement to indemnify and hold the county or its officers and employees harmless from any loss resulting from the issuance of a duplicate warrant, bond, or coupon. Any loss incurred in connection with the issuance of a duplicate warrant shall be charged against the account from which the payment was derived.
Mont. Code Ann. § 7-32-4107 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4107
7-32-4107 Utilization of retired officers
Status: in_force

7-32-4107 . Utilization of retired officers. Police officers on the retired list of a city or town shall retire from the active list of police officers of the city or town but must be subject to call for police service or active duty whenever an emergency requires or the active list is temporarily insufficient for proper policing of the city or town, all under the rules that the board of police commissioners or city council prescribe.
Mont. Code Ann. § 7-3-1203 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1203
7-3-1203 General powers of consolidated government
Status: in_force

7-3-1203 . General powers of consolidated government. (1) The inhabitants of every consolidated municipality organized under the provisions of this part and part 13, as its limits are at the time of such organization or as they may be thereafter established as provided by law, shall be a body politic and corporate under the designation and name as adopted at the election providing for such consolidation and merging and as such shall have perpetual succession; may use a corporate seal; may sue and be sued; may contract and be contracted with; may acquire property within or without the boundaries of the municipality for any municipal purpose, in fee simple or lesser interest or estate, by purchase, gift, devise, appropriation, lease, or lease with privilege of purchase and may sell, lease, hold, manage, and control such property as the interest of the municipality may require; may levy and collect such taxes as are authorized by this part or part 13 or by the general laws of the state; and except as otherwise provided in this part and part 13, such municipality shall have and may exercise all other powers that are now or hereafter may be conferred on counties, cities, and towns by the laws of this state.

(2) All powers of the municipality, whether expressed or implied, shall be exercised and enforced in the manner prescribed in this part and part 13 or in the general laws of the state or, when not so prescribed, then as may be prescribed by ordinance or resolution of the commission.
Mont. Code Ann. § 7-1-103 — MT Code / Title 7 / Chapter 1 / Part 1 / Section 7-1-103
7-1-103 General power government limitations not applicable
Status: in_force

7-1-103 . General power government limitations not applicable. A local government unit with self-government powers which elects to provide a service or perform a function that may also be provided or performed by a general power government unit is not subject to any limitation in the provision of that service or performance of that function except such limitations as are contained in its charter or in state law specifically applicable to self-government units.
Mont. Code Ann. § 7-2-2727 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2727
7-2-2727 Effect of abandonment on school and special districts
Status: in_force

7-2-2727 . Effect of abandonment on school and special districts. (1) All school districts and other special districts of an abandoned and abolished county shall continue as and be such school districts and special districts of the county to which such territory is attached and becomes a part. The members of the boards of trustees or directors of such school districts or other special districts shall continue to be the trustees and directors thereof until the terms of office for which they were elected or appointed shall expire. If any of such school districts shall bear the same numbers as school districts of the county to which the territory within the boundaries of such abandoned and abolished county is attached and made a part, the county superintendent shall either renumber the school districts of said abandoned and abolished county or shall give them such designation in addition to their numbers as will distinguish them from the districts in the county to which such territory is attached and made a part. If the territory of any school district shall be divided and parts attached to two or more counties, such school district shall be a joint school district of such counties.

(2) All funds of all school districts and of all other special districts of an abandoned and abolished county shall be transferred to and paid over to the county treasurer of the county to which the territory of such school district is attached and becomes a part and shall be accounted for by said county treasurer as the funds of such districts. If a joint school district is created, the state superintendent of public instruction shall designate the county treasurer to whom such funds are to be transferred and paid over. All taxes levied for all school funds and funds of other special districts of such abandoned and abolished county remaining unpaid at the time said county ceased to exist and all other money which would have accrued to such funds if said county had not been abandoned and abolished, when received by such county treasurer, shall be deposited to the credit of the proper school or special district funds.
Mont. Code Ann. § 7-13-4202 — MT Code / Title 7 / Chapter 13 / Part 42 / Section 7-13-4202
7-13-4202 Construction of public sewers
Status: in_force

7-13-4202 . Construction of public sewers. Public sewers may be established and constructed along the principal course of drainage at such times, to such an extent, of such dimensions and materials, and under such regulations as may be prescribed by the council. There may be constructed such branches and extensions of sewers already constructed or to be constructed as may be considered expedient.
Mont. Code Ann. § 7-4-4606 — MT Code / Title 7 / Chapter 4 / Part 46 / Section 7-4-4606
7-4-4606 Legal services for city of third class
Status: in_force

7-4-4606 . Legal services for city of third class. A third class city may retain the county attorney to provide legal services for the city in cases not involving a conflict between the interests of the city and the county, either by an interlocal cooperation agreement or by mutual consent by the governing bodies of the city and county.
Mont. Code Ann. § 7-32-215 — MT Code / Title 7 / Chapter 32 / Part 2 / Section 7-32-215
7-32-215 Reserve manual required
Status: in_force

7-32-215 . Reserve manual required. The authorizing law enforcement agency establishing a law enforcement reserve force shall adopt and publish a manual setting forth the minimum qualifications, minimum training standards, and standard operating procedures for reserve officers.
Mont. Code Ann. § 7-6-4034 — MT Code / Title 7 / Chapter 6 / Part 40 / Section 7-6-4034
7-6-4034 Determination of fund requirements -- property tax levy
Status: in_force

7-6-4034 . Determination of fund requirements -- property tax levy. (1) After determining the final budget, the governing body shall determine the property tax levy needed for each fund by:

(a) adding the total amount of the appropriations and authorized expenditures for the budget year;

(b) adding an additional amount, subject to the provisions of subsection (2), as a reserve to meet expenditures made from the fund during the months of July to November of the next fiscal year;

(c) subtracting the working capital; and

(d) subtracting the total estimated revenue, other than the property tax levy, for the budget year.

(2) After deducting from the amount of the appropriations and authorized expenditures the total amount appropriated and authorized to be spent for election expenses and payment of emergency warrants, the amount that may be added as a reserve, as provided in subsection (1)(b), to:

(a) a county's fund may not exceed one-third of the total amount appropriated and authorized to be spent from the fund during the current fiscal year; and

(b) a city's or town's fund may not exceed one-half of the total amount appropriated and authorized to be spent from the fund during the current fiscal year.
Mont. Code Ann. § 7-8-2702 — MT Code / Title 7 / Chapter 8 / Part 27 / Section 7-8-2702
7-8-2702 Definitions
Status: in_force

7-8-2702 . Definitions. (1) In this part, the term "board" shall mean the county land advisory board.

(2) In this part, the term "lands" shall mean all lands now owned by the respective counties which have been acquired by the counties through tax deed proceedings and any lands to be hereafter acquired by the same means and all lands acquired by the respective counties by deed, exchange, or in any manner whatsoever, excepting, however, such lands as are owned or may be acquired for the regular conduct of county affairs.
Mont. Code Ann. § 7-12-2135 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2135
7-12-2135 Decision on award of contract
Status: in_force

7-12-2135 . Decision on award of contract. (1) The board of county commissioners may award the contract for the work or improvement to the lowest responsible bidder at the prices named in the bid and shall reject all proposals other than the lowest regular proposal or bid of a responsible bidder.

(2) The board:

(a) may reject any proposals or bids if it considers this for the public good;

(b) may also reject the bid of a party who has been delinquent or unfaithful in a former contract with the board.
Mont. Code Ann. § 7-12-4228 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4228
7-12-4228 Disposition of tax certificates and tax lien sale property
Status: in_force

7-12-4228 . Disposition of tax certificates and tax lien sale property. (1) The council may sell any tax certificates issued on any sale or sales referred to in 7-12-4227 (2). After acquiring title to property referred to in 7-12-4227 , the city or town may lease such property, sell the same at public or private sale and make conveyance thereof, or otherwise dispose thereof as the interest of the city or town may require.

(2) All proceeds from such sales of tax certificates and from such leasing, sale, or other disposition of the property shall belong to and be paid into the revolving fund and be subject to transfer in whole or in part to the general fund by the vote of all the members of the council at a meeting called for that purpose as hereinbefore provided.
Mont. Code Ann. § 7-4-4104 — MT Code / Title 7 / Chapter 4 / Part 41 / Section 7-4-4104
7-4-4104 General qualifications for municipal office
Status: in_force

7-4-4104 . General qualifications for municipal office. No person is eligible to any municipal office, elective or appointive:

(1) who is not a citizen of the United States; and

(2) who has not met the qualifications prescribed by law or by ordinance adopted by the governing body of a city or town.
Mont. Code Ann. § 7-12-4351 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4351
7-12-4351 Major modification of existing lighting district
Status: in_force

7-12-4351 . Major modification of existing lighting district. (1) The council of any city or town is authorized to:

(a) modify an existing special improvement lighting district by changing the number and spacing of lights, replacing overhead transmission lines with underground lines, increasing or decreasing the level of illumination, or making other major modifications required by the public interest and convenience;

(b) require that all or any part of the cost of the modification be paid by the owners of the property within the district; and

(c) assess and collect all or any part of the cost of the modification by special assessment against the property within the district.

(2) Before modifying an existing lighting district, the city council shall adopt a resolution of intention to do so, either by motion of the council or upon presentation of a petition signed by the owners or agents of at least 10% of the property within the district.

(3) The provisions in 7-12-4302 through 7-12-4305 for the content of the resolution, public notice, protest, and consideration of protest that apply to the creation of a special improvement lighting district also apply to the modification of an existing special improvement lighting district authorized by this section.
Mont. Code Ann. § 7-7-122 — MT Code / Title 7 / Chapter 7 / Part 1 / Section 7-7-122
7-7-122 Prosecution for misconduct
Status: in_force

7-7-122 . Prosecution for misconduct. It shall be the duty of the county attorney in each county to commence and prosecute all actions to enforce any liability created in 7-7-121 . Such actions shall be tried as civil actions at law.
Mont. Code Ann. § 7-2-4111 — MT Code / Title 7 / Chapter 2 / Part 41 / Section 7-2-4111
7-2-4111 Tax base -- maintenance agreements
Status: in_force

7-2-4111 . Tax base -- maintenance agreements. When a city or town is incorporated, a county may, subject to 15-10-420 , retain the property within the city or town as a part of the tax base of the county for purposes of levying taxes against the property for the maintenance of property within the city or town until the city or town imposes and collects a levy for maintenance of the property for which the county mill levy is imposed. The city or town and the county may enter into an agreement for maintenance of property pending an election on a city or town levy.
Mont. Code Ann. § 7-14-2202 — MT Code / Title 7 / Chapter 14 / Part 22 / Section 7-14-2202
7-14-2202 Construction and maintenance of bridges crossing county lines
Status: in_force

7-14-2202 . Construction and maintenance of bridges crossing county lines. Bridges crossing the line between counties shall be constructed and maintained by the counties into which the bridges reach. Each county shall pay such portion of the costs of construction and maintenance as shall have been previously agreed upon by the respective boards.
Mont. Code Ann. § 7-2-4502 — MT Code / Title 7 / Chapter 2 / Part 45 / Section 7-2-4502
7-2-4502 Protest not available
Status: in_force

7-2-4502 . Protest not available. Wholly surrounded land is annexed, if so resolved by the city or town council, whether or not a majority of the real property owners of the area to be annexed object. The question of annexing the wholly surrounded land is not subject to being voted on by the registered voters of the area to be annexed.
Mont. Code Ann. § 7-13-4312 — MT Code / Title 7 / Chapter 13 / Part 43 / Section 7-13-4312
7-13-4312 Authorization to furnish water and sewer services to persons located outside municipality
Status: in_force

7-13-4312 . Authorization to furnish water and sewer services to persons located outside municipality. A city council that owns and operates a municipal water system, a municipal sewer system, or both, to furnish water and sewer services to the inhabitants of a city as a public utility may furnish water from the water system and sewage services from the sewer system to the inhabitants or to any person, factory, industry, or producer of farm or other products located outside of the corporate limits of the city at reasonable rates filed by the city or town council. The city council may make collections to provide water and sewer services in the same manner as collections are made within the corporate limits.
Mont. Code Ann. § 7-4-2901 — MT Code / Title 7 / Chapter 4 / Part 29 / Section 7-4-2901
7-4-2901 Appointment of deputy coroners
Status: in_force

7-4-2901 . Appointment of deputy coroners. (1) The coroner, with approval of the county commissioners, may appoint one or more deputy coroners to assist the coroner or act in the coroner's absence.

(2) At the time of appointment, a deputy coroner or acting coroner must meet the qualifications required of a coroner as provided in 7-4-2904 (1) and (2)(a). Within a reasonable time after appointment, the deputy shall successfully complete the basic coroner course, as provided for in 7-4-2905 (2)(a). After successfully completing the basic coroner course, the deputy must also meet the requirements for continuing education as provided in 7-4-2905 (2)(b).

(3) A deputy coroner may be the coroner or qualified deputy coroner from another county.
Mont. Code Ann. § 7-4-2614 — MT Code / Title 7 / Chapter 4 / Part 26 / Section 7-4-2614
7-4-2614 Records of discharge from military service
Status: in_force

7-4-2614 . Records of discharge from military service. (1) It is the duty of the county clerk of any county of this state to record, without charge and in a book kept for that purpose, the document of discharge of an honorably discharged person who served with the United States forces upon that person's request. It is not the clerk's duty to file the document.

(2) A record of a military discharge is confidential information as defined in 2-6-1002 and is protected from disclosure, except as provided in this section. A military discharge document may be disclosed only to:

(a) the service member for whom the document was recorded;

(b) if the service member is deceased, the next of kin of the service member or a mortuary, as defined in 10-2-111 , for the purposes of securing the burial benefits to which the service member is entitled;

(c) a veterans' service officer or a veterans' service organization, as defined in 10-2-111 ;

(d) the veterans' affairs division of the Montana department of military affairs;

(e) any person with written authorization from the service member or from the next of kin of the service member, if the service member is deceased; or

(f) a person who presents a written request for a military discharge document with a discharge date that is 62 years or more prior to the date on which the request is made and that is a public record under 5 U.S.C. 552a and implementing federal regulations. However, if the military discharge document contains a social security number, that number must be redacted before the document is released.

(3) If an original discharge document was inadvertently filed and the county clerk still retains the document in its original form, upon the written request of the service member or of the service member's next of kin if the service member is deceased, the clerk shall return the filed document to the service member or to the service member's next of kin if the service member is deceased.

(4) For purposes of this section:

(a) "file" means to store in original form; and

(b) "record" means to make and keep a copy from which a certified original copy can be reproduced.
Mont. Code Ann. § 7-32-2258 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2258
7-32-2258 Assignment to light duty or other agency
Status: in_force

7-32-2258 . Assignment to light duty or other agency. (1) Whenever, in the opinion of the county and supported by a health care provider's opinion, the detention officer is able to perform specified types of light duty, payment of the officer's partial salary amount under 7-32-2257 must be discontinued if the detention officer refuses to perform light duty when it is available and offered to the detention officer.

(2) The detention officer may be transferred to another department or agency within the county.
Mont. Code Ann. § 7-14-2530 — MT Code / Title 7 / Chapter 14 / Part 25 / Section 7-14-2530
7-14-2530 Redemption of bonds authorized
Status: in_force

7-14-2530 . Redemption of bonds authorized. (1) All bonds issued for a term longer than 5 years shall be redeemable, at the option of the county, 5 years after the date of issue and on any payment due date thereafter before maturity.

(2) This statement shall appear on the face of each bond.
Mont. Code Ann. § 7-2-2713 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2713
7-2-2713 Effect of election results
Status: in_force

7-2-2713 . Effect of election results. (1) If at the election a majority of the votes cast in the county in which the petition for abandonment was filed are cast in favor of the abandonment and abolishment of the county and if a majority of the votes in the county designated in the petition as the county to which the territory of the abandoned county shall be attached are cast in favor of attachment, then:

(a) (i) the organization and the political and corporate existence of the county in which the petition for abandonment was filed terminate;

(ii) the county is abandoned, abolished, and disincorporated and ceases to exist; and

(iii) except as provided in subsection (2) of this section, its territory is attached to and becomes a part of the counties designated in the resolution adopted under 7-2-2707 ; and

(b) the terms of office of each of the officers of the abandoned county and of the members of the board of county commissioners thereof terminate at midnight on the following June 30.

(2) If at the election a majority of the votes in any adjoining county named in the resolution adopted under 7-2-2707 , other than the county designated in the petition for abandonment as the county to which the territory of the abandoned county shall attach, are cast against the attaching of any portion of the territory of the abandoned county to such adjoining county, then such portion of the territory described in the resolution attaches and becomes a part of the county designated in the petition for abandonment as the county to which the territory of the abandoned county attaches.
Mont. Code Ann. § 7-14-1631 — MT Code / Title 7 / Chapter 14 / Part 16 / Section 7-14-1631
7-14-1631 Rules
Status: in_force

7-14-1631 . Rules. An authority may adopt, amend, and repeal reasonable resolutions, rules, and orders as it considers necessary for its own administration, management, and governance as well as for the management, governance, or use of a railroad or railroad facility owned by or under its control. A rule, order, or standard prescribed by the authority may not be inconsistent with or contrary to an act of the congress of the United States or a regulation promulgated or standard established pursuant to an act of congress. The authority shall keep a copy of its rules on file for public inspection at the principal office of the authority, as determined by the directors.
Mont. Code Ann. § 7-15-4285 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4285
7-15-4285 Determination and report of original, actual, and incremental taxable values
Status: in_force

7-15-4285 . Determination and report of original, actual, and incremental taxable values. The department of revenue shall, upon receipt of a qualified tax increment provision and each succeeding year, calculate and report to the local government and to any other affected taxing body in accordance with Title 15, chapter 10, part 2, the base, actual, and incremental taxable values of the property.
Mont. Code Ann. § 7-34-2113 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2113
7-34-2113 Who may vote
Status: in_force

7-34-2113 . Who may vote. Only qualified electors residing within the proposed hospital district may vote on the question of the creation of the hospital district.
Mont. Code Ann. § 7-12-2108 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2108
7-12-2108 Extension of proposed district
Status: in_force

7-12-2108 . Extension of proposed district. Whenever a contemplated work or improvement, in the opinion of the board of county commissioners, is of more than local or ordinary public benefit or whenever, according to the estimates furnished by the county surveyor or the engineer, the total estimated cost and expenses thereof would exceed one-half of the total assessed value of the lots and lands assessed (if assessed upon the lots and lands fronting upon such proposed work or improvement according to the valuation fixed by the last assessment roll whereon it was assessed for taxes), the board may make the expense of such work chargeable upon the lots and lands fronting upon such proposed improvement and upon other lots and lands not fronting on the improvement and which the board shall declare, in its resolution of intention, to be the property benefited by said work or improvement and to be assessed to pay the cost and expense thereof.
Mont. Code Ann. § 7-2-4919 — MT Code / Title 7 / Chapter 2 / Part 49 / Section 7-2-4919
7-2-4919 Management of surplus assets deposited to special fund
Status: in_force

7-2-4919 . Management of surplus assets deposited to special fund. If, after payment of the debts of the corporation and the liquidation, where possible, of tangible assets, any surplus shall remain in the hands of the county treasurer to the credit of the special fund, money remaining shall be transferred to the county general fund. Nothing in this section is intended to conflict with the provisions of 7-2-4915 and 7-2-4916 .
Mont. Code Ann. § 7-8-2514 — MT Code / Title 7 / Chapter 8 / Part 25 / Section 7-8-2514
7-8-2514 Reservations of interest by county
Status: in_force

7-8-2514 . Reservations of interest by county. (1) When granting a lease for oil, gas, or other mineral exploration or development, the board may reserve to the county a royalty interest as fixed by agreement between the board and the lessee.

(2) In trading, exchanging, or selling such lands, the board may make such reservations in favor of the county as the board considers proper, including but not limited to reserving to the county of any or all oil, gas, or other mineral or royalty interests; sand, gravel, clay, or other material; rights-of-way or easements for roads, utility lines, and other purposes or uses.
Mont. Code Ann. § 7-12-1142 — MT Code / Title 7 / Chapter 12 / Part 11 / Section 7-12-1142
7-12-1142 Governing body not to decrease public services
Status: in_force

7-12-1142 . Governing body not to decrease public services. The governing body may not decrease the level of public services in the district existing prior to the creation of the district unless the services at the same time are decreased throughout the jurisdictional area of the governing body, nor may it transfer the financial burden of providing those services to the district. The governing body may not discriminate in the provision of publicly funded services between areas included in such district and areas not so included.
Mont. Code Ann. § 7-7-4103 — MT Code / Title 7 / Chapter 7 / Part 41 / Section 7-7-4103
7-7-4103 General qualifications to vote on questions of municipal indebtedness
Status: in_force

7-7-4103 . General qualifications to vote on questions of municipal indebtedness. (1) Registered electors of the city, town, or other municipal corporation may vote upon any proposal to create or increase any indebtedness of the city, town, or other municipal corporation required by law to be submitted to a vote of the electors.

(2) An elector, otherwise qualified, may not be denied the right to vote because the polling place for a general election for the precinct in which the elector resides and is entitled to vote lies within another city, town, or other municipal corporation.
Mont. Code Ann. § 7-15-4203 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4203
7-15-4203 Need for redevelopment and rehabilitation of blighted areas
Status: in_force

7-15-4203 . Need for redevelopment and rehabilitation of blighted areas. It is further found and declared:

(1) that certain of such blighted areas or portions thereof may require acquisition, clearance, and disposition subject to use restrictions as provided in this part, since the prevailing condition of decay may make impracticable the reclamation of the area by rehabilitation;

(2) that other areas or portions thereof may, through the means provided in this part, be susceptible of rehabilitation in such a manner that the conditions and evils enumerated in 7-15-4202 may be eliminated, remedied, or prevented; and

(3) that to the extent feasible salvable blighted areas should be rehabilitated through voluntary action and the regulatory process.
Mont. Code Ann. § 7-4-2513 — MT Code / Title 7 / Chapter 4 / Part 25 / Section 7-4-2513
7-4-2513 Filing of statements and affidavits
Status: in_force

7-4-2513 . Filing of statements and affidavits. The treasurer shall file and preserve in the treasurer's office the statements and affidavits provided for in 7-4-2512 and shall issue to the officer one original and one duplicate receipt for the statements and affidavits. The officer receiving the receipts must preserve one in the officer's office and file the duplicate with the county clerk, who shall charge the treasurer with the amount shown by the receipt.
Mont. Code Ann. § 7-4-2310 — MT Code / Title 7 / Chapter 4 / Part 23 / Section 7-4-2310
7-4-2310 Order for consolidation of offices
Status: in_force

7-4-2310 . Order for consolidation of offices. (1) In consolidating county offices, the board of county commissioners shall, not less than 7 days before the date on which declarations for nomination may first be filed for any office to be consolidated or not less than 6 months prior to the appointment to the offices to be consolidated, make and enter an order combining any two or more of the within-named offices.

(2) Whenever an order consolidating two or more offices is made, the order shall be entered in full on the board's minutes of proceedings.

(3) The order shall be published in a newspaper of general circulation, printed and published in the county or counties affected, for a period of 2 successive weeks following the date of the making and entering of the order.
Mont. Code Ann. § 7-13-2225 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2225
7-13-2225 Combination of elections
Status: in_force

7-13-2225 . Combination of elections. (1) The board of county commissioners in its discretion may combine in one election the election on the formation of the district, the election of directors, the election on incurring bonded indebtedness, and, if applicable, the vote on the proposed monthly salary for members of the board of directors so that the qualified electors of the district may vote on all of these matters on the same date and at the same time.

(2) If the elections are combined, the notice of the election must contain the names of the candidates, the details concerning the bonded indebtedness as provided in 7-13-2321 , and, if applicable, the proposed monthly salary for members of the board of directors as provided in 7-13-2273 .

(3) Candidates for the office of director must be nominated in the manner required by 7-13-2241 .
Mont. Code Ann. § 7-4-2631 — MT Code / Title 7 / Chapter 4 / Part 26 / Section 7-4-2631
7-4-2631 Fees of county clerk
Status: in_force

7-4-2631 . Fees of county clerk. (1) Except as provided in 7-2-2803 (4), 7-4-2632 , 7-4-2637 , and this section, the county clerks shall charge, for the use of their respective counties:

(a) for filing and indexing each writ of attachment, execution, certificate of sale, lien, or other instrument required by law to be filed and indexed, $5;

(b) for filing of subdivision and townsite plats, $25 plus:

(i) for each lot up to and including 100, 50 cents;

(ii) for each additional lot in excess of 100, 25 cents;

(c) for filing certificates of surveys and amendments thereto, $25 plus 50 cents per tract or lot;

(d) for each page of a document required to be filed with a subdivision, townsite plat, or certificate of survey for which a filing fee is not otherwise set by law, $1;

(e) for a copy of a record or paper:

(i) for the first page of any document, 50 cents, and 25 cents for each subsequent page; and

(ii) for each certification with seal affixed, $2;

(f) for searching an index record of files of the office for each year when required in abstracting or otherwise, 50 cents;

(g) for administering an oath with certificate and seal, no charge;

(h) for taking and certifying an acknowledgment, with seal affixed, for signature to it, no charge;

(i) for filing, indexing, or other services provided for by Title 30, chapter 9A, part 5, the fees prescribed under those sections;

(j) for recording each stock subscription and contract, stock certificate, and articles of incorporation for water users' associations, $3;

(k) for filing a copy of notarial commission and issuing a certificate of official character of such notary public, $2;

(l) for each certified copy of a birth certificate, $8, and for each certified copy of a death certificate, $7;

(m) for electronic storage of minutes of an administrative board, district, or commission pursuant to 7-1-204 , 7-11-1030 , 7-13-2350 , 7-22-2113 , 7-33-2112 , or 76-15-324 , no charge; and

(n) for filing, recording, or indexing any other instrument not expressly provided for in this section or 7-4-2632 , the same fee provided in this section or 7-4-2632 for a similar service.

(2) The county clerks shall charge, for the use of their respective counties, the fee as provided in 7-4-2632 for recording and indexing the following:

(a) each certificate of location of a quartz or placer mining claim or millsite claim, including a certificate that the instrument has been recorded with the seal affixed; and

(b) each affidavit of annual labor on a mining claim, including a certificate that the instrument has been recorded with the seal affixed.

(3) State agencies submitting documents to be put of record shall pay the fees provided for in this section. If a state agency or political subdivision has requested an account with the county clerk, any applicable fees must be paid on a periodic basis.

(4) (a) A county shall transfer $2 of each fee collected for a death certificate issued under subsection (1)(l) to the department of revenue for deposit in the account in the state special revenue fund to the credit of the board of funeral service.

(b) The fee must be transferred monthly unless the department and the county have agreed to a different transfer schedule.

(5) A clerk may not charge a fee for a certified copy of a birth certificate under subsection (1)(l) to a former foster child who is under 21 years of age as provided in 52-2-629 .
Mont. Code Ann. § 7-2-2704 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2704
7-2-2704 Hearing on petition by county commissioners -- notice
Status: in_force

7-2-2704 . Hearing on petition by county commissioners -- notice. (1) Whenever any such petition is presented to the board of county commissioners of a county with a certificate of the election administrator attached thereto and showing that the petition has been signed by not less than 35% of the registered electors of the county whose names appear upon the registration records of the county, as provided in 7-2-2702 and 7-2-2703 , the board shall, immediately upon presentation of the petition, make and enter an order in its minutes fixing a day for considering and taking final action on the petition. The date for final action shall be not less than 30 or more than 35 days after the date when the order is made.

(2) The board shall cause a notice to be published as provided in 7-1-2121 to the effect that the petition has been presented to the board asking for the abandonment and abolishment of the county and that any registered electors of the county interested therein may appear and be heard thereon.
Mont. Code Ann. § 7-12-4333 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4333
7-12-4333 Procedure for resolution for assessment of maintenance costs
Status: in_force

7-12-4333 . Procedure for resolution for assessment of maintenance costs. Said resolution levying and assessing said portion of the cost of maintenance and for furnishing electrical current therefor shall be prepared and certified to in the same manner as the resolution provided for in 7-12-4328 through 7-12-4330 , and the same notice and hearing shall be given thereon. This resolution shall be adopted and certified and the assessment collected in the same manner, as nearly as may be, in the case of the resolution provided for in 7-12-4328 through 7-12-4331 .
Mont. Code Ann. § 7-2-4920 — MT Code / Title 7 / Chapter 2 / Part 49 / Section 7-2-4920
7-2-4920 Payment of costs and expenses from special county fund
Status: in_force

7-2-4920 . Payment of costs and expenses from special county fund. All costs and expenses of ascertaining information and all other costs and expenses incurred by the board of county commissioners in the execution of the powers and duties of managing the affairs of the disincorporated city or town provided for in this part shall be paid out of the special fund in the county treasury.
Mont. Code Ann. § 7-14-2502 — MT Code / Title 7 / Chapter 14 / Part 25 / Section 7-14-2502
7-14-2502 Special bridge tax authorized -- combined ferry and bridge fund
Status: in_force

7-14-2502 . Special bridge tax authorized -- combined ferry and bridge fund. (1) Subject to 15-10-420 , a board may levy a special tax on all taxable property in the county for the purpose of constructing, maintaining, and repairing free public bridges, which includes those bridges within the municipalities.

(2) For the purposes of this section, a free public bridge is defined as any drainage structure located on, over, or through any road or highway.

(3) These taxes must be levied and collected in the same manner as other taxes. Except that when the county has a combined ferry and bridge fund, the money must be kept as a special bridge fund, subject to the order of the board for use as provided in this section and may not be transferable to any other fund.

(4) If a county owns or operates a public ferry, the board may combine into a single fund the revenue from the county public ferry tax levy authorized in 7-14-2807 , the revenue from the special municipal bridge levy authorized in 7-14-2503 , and the revenue from the levy authorized by this section. The fund may be used for any lawful purpose authorized for bridges in this part or in Title 7, chapter 14, part 22, or for public ferries in Title 7, chapter 14, part 28.
Mont. Code Ann. § 7-34-2160 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2160
7-34-2160 Withdrawing property subject to existing indebtedness
Status: in_force

7-34-2160 . Withdrawing property subject to existing indebtedness. All taxable property within the withdrawn area shall remain subject to taxation for any bonded indebtedness of the hospital district existing as of the effective date of the withdrawal to the same extent as it would have been subject if not withdrawn.
Mont. Code Ann. § 7-3-151 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-151
7-3-151 Treatment of suboptions for proposed alternative forms
Status: in_force

7-3-151 . Treatment of suboptions for proposed alternative forms. (1) A petition recommendation may not involve more than three separate suboptions, and a suboption may not contain more than two alternatives. If a suboption is submitted to the voters, only the ballot alternatives within that suboption receiving the highest number of affirmative votes are considered approved and included in the alternative form of government. If the alternative form of government fails, a suboption is of no effect.

(2) A proposed change of the form of government or change in a plan of government must be submitted to the voters as a single question, except that the suboptions within the form of local government authorized in Title 7, chapter 3, parts 1 through 6, and the suboptions authorized in a charter may be submitted to the electors as separate questions. The question of adopting a suboption must be submitted to the electors in substantially the following form:

Vote for one:

A legal officer (who may be called the "county attorney"):

☐ To be elected for a term of 4 years.

☐ To be appointed for a term of 4 years by the presiding officer of the local governing body.
Mont. Code Ann. § 7-11-1027 — MT Code / Title 7 / Chapter 11 / Part 10 / Section 7-11-1027
7-11-1027 Payment of assessment under protest -- action to recover
Status: in_force

7-11-1027 . Payment of assessment under protest -- action to recover. (1) (a) When an assessment made under this part is considered erroneous by the party whose property is charged or from whom the payment is demanded, the person may:

(i) prior to the assessment becoming delinquent, file an appeal to the administrative board of the district; or

(ii) pay the assessment or any part of the assessment considered to be erroneous under protest to the county treasurer, city treasurer, or town clerk, whoever is charged with collection of the assessment, and either file an appeal to the administrative board of the district or initiate action in court as provided in subsection (2).

(b) (i) If an appeal is filed before the administrative board and the board finds in favor of the taxpayer, the board shall order the assessment or the contested portion of the assessment removed, and if the payment was made under protest, it must be refunded by the county treasurer, city treasurer, or town clerk.

(ii) If an appeal is filed before the administrative board and the board does not find in favor of the taxpayer and if a payment was made under protest or the taxpayer makes a payment under protest before the assessment becomes delinquent, the taxpayer may initiate an action in court as provided in subsection (2).

(2) The party paying under protest or the party's legal representative may bring an action in any court of competent jurisdiction against the officer to whom the assessment was paid or against the local government on whose behalf the assessment was collected to recover the assessment or any portion of the assessment paid under protest. An action instituted to recover the assessment paid under protest must be commenced within 90 days after the date of payment.

(3) The assessment paid under protest must be held by the county treasurer, city treasurer, or town clerk until the determination of an action brought for the recovery of the assessment.

(4) If the assessment considered to be unlawful pertains to property created as a condominium and the property is not solely a certain unit in the condominium, then the owner of the property created as a condominium that is entitled to protest is considered to be the collective owners of all units having an undivided ownership interest in the common elements of the condominium.

(5) An owner of property created as a condominium may protest against the method of assessment or vote at an election of the special district only through a president, vice president, secretary, or treasurer of the condominium owners' association who timely presents to the secretary of the special district the following:

(a) a writing identifying the condominium property;

(b) the condominium declaration or other condominium document that shows how votes of unit owners in the condominium are calculated;

(c) original signatures of owners of units in the condominium having an undivided ownership interest in the common elements of the condominium sufficient to constitute an affirmative vote for an undertaking relating to the common elements under the condominium declaration; and

(d) a certificate signed by the president, vice president, secretary, or treasurer of the condominium owners' association certifying that the votes of the unit owners, as evidenced by the signatures of the owners, are sufficient to constitute an affirmative vote of the condominium owners' association to protest against the method of assessment.
Mont. Code Ann. § 7-10-207 — MT Code / Title 7 / Chapter 10 / Part 2 / Section 7-10-207
7-10-207 Nature of revenue bonds
Status: in_force

7-10-207 . Nature of revenue bonds. (1) The holder or holders of any bonds issued under this part does not have the right to compel any exercise of taxing power of the regional resource authority to pay the revenue bonds or the interest on the bonds.

(2) Each bond issued under this part must recite in substance that:

(a) the bond, including interest on the bond, is payable from the revenue pledged to the payment of the bond; and

(b) the bond does not constitute a debt of the regional resource authority within the meaning of any constitutional or statutory limitation or provision.
Mont. Code Ann. § 7-32-123 — MT Code / Title 7 / Chapter 32 / Part 1 / Section 7-32-123
7-32-123 Appointment to five-member public safety commission
Status: in_force

7-32-123 . Appointment to five-member public safety commission. (1) Upon the creation of a five-member commission:

(a) two members must be appointed by the legislative body of the city or town;

(b) two members must be appointed by the board of county commissioners; and

(c) one member must be appointed by the members of the board of county commissioners and the members of the legislative body of the city or town, meeting in joint session.

(2) In order to be appointed, a candidate for the appointment to a five-member commission by the joint meeting must receive a majority of the votes of the members of the board of county commissioners and a majority of the votes of members of the legislative body of the city or town voting on the question.

(3) Initially, two commission members shall each serve a 4-year term and three commission members shall each serve a 2-year term. Each commission member shall draw a lot to determine the length of the member's term.
Mont. Code Ann. § 7-2-2808 — MT Code / Title 7 / Chapter 2 / Part 28 / Section 7-2-2808
7-2-2808 Notification of boundary change -- certification of taxable value -- indebtedness
Status: in_force

7-2-2808 . Notification of boundary change -- certification of taxable value -- indebtedness. (1) Upon implementation of a boundary change under this part, the county clerk and recorders in the adjoining counties where the boundary was changed shall notify the department of administration, the department of revenue, and the secretary of state of the boundary change.

(2) The department of revenue shall certify to each adjoining county the total taxable value within each county for the year following implementation of the boundary change accounting for the transfer of the property.

(3) The provisions of 7-2-102 apply to a boundary change implemented as provided in this part.
Mont. Code Ann. § 7-2-2103 — MT Code / Title 7 / Chapter 2 / Part 21 / Section 7-2-2103
7-2-2103 Qualifications for municipality or village to be county seat
Status: in_force

7-2-2103 . Qualifications for municipality or village to be county seat. No city, town, or village shall become the temporary or permanent county seat of any county organized under the provisions of part 22 or created by an act of the legislature unless such city or town shall have been incorporated in the manner provided by law or unless such village shall have been regularly platted and a plat thereof filed in the office of the county clerk and recorder and there be fifty qualified electors residing within the boundaries of such platted village.
Mont. Code Ann. § 7-13-4406 — MT Code / Title 7 / Chapter 13 / Part 44 / Section 7-13-4406
7-13-4406 Control over territory occupied by water supply system -- taxation and condemnation powers
Status: in_force

7-13-4406 . Control over territory occupied by water supply system -- taxation and condemnation powers. (1) Cities and towns have jurisdiction and control:

(a) over the territory occupied by their public works;

(b) over and along the line of reservoirs, streams, trenches, pipes, drains, and other appurtenances used in the construction and operation of the public works; and

(c) over the source of streams from which water is taken for the enforcement of its sanitary ordinances, the abatement of nuisances, and the general preservation of the purity of its water supply.

(2) Cities and towns may enact all ordinances and regulations necessary to implement subsection (1). For this purpose, the city or town may condemn private property in the manner provided in Title 70, chapter 30, and may levy a tax on all consumers of water for the purpose of defraying the expenses of procurement.
Mont. Code Ann. § 7-33-4510 — MT Code / Title 7 / Chapter 33 / Part 45 / Section 7-33-4510
7-33-4510 Workers' compensation for volunteer firefighters -- notification if coverage not provided -- definitions
Status: in_force

7-33-4510 . Workers' compensation for volunteer firefighters -- notification if coverage not provided -- definitions. (1) An employer may provide workers' compensation coverage as provided in Title 39, chapter 71, to any volunteer firefighter who is listed on a roster of service.

(2) An employer may purchase workers' compensation coverage from any entity authorized to provide workers' compensation coverage under plan No. 1, 2, or 3 as provided in Title 39, chapter 71.

(3) If an employer provides workers' compensation coverage as provided in this section, the employer may, upon payment of the filing fee provided for in 7-4-2631 (1)(a), file a roster of service with the clerk and recorder in the county in which the employer is located and update the roster of service monthly if necessary to report changes in the number of volunteers on the roster of service. The clerk and recorder shall file the original and replace it with updates whenever necessary. The employer shall maintain the roster of service with the effective date of membership for each volunteer firefighter.

(4) If an employer does not provide workers' compensation coverage, the employer shall annually notify the employer's volunteer firefighters that coverage is not provided.

(5) For the purposes of this section, the following definitions apply:

(a) (i) "Employer" means the governing body of a fire agency organized under Title 7, chapter 33, including a rural fire district, a fire service area, a volunteer fire department, a volunteer fire company, or a volunteer rural fire control crew.

(ii) The term does not mean a governing body of a city of the first class or second class, including a city to which 7-33-4109 applies, that provides workers' compensation coverage to employees as defined in 39-71-118 .

(b) "Roster of service" means the list of volunteer firefighters who have filled out a membership card prior to performing services as a volunteer firefighter.

(c) (i) "Volunteer firefighter" means a volunteer who is on the employer's roster of service. A volunteer firefighter may include a volunteer emergency care provider as defined in 50-6-202 who is on the roster of service. A volunteer firefighter is not required to be an active member as defined in 19-17-102 .

(ii) The term does not mean an individual who is not listed on a roster of service or a member of a volunteer fire department provided for in 7-33-4109 .
Mont. Code Ann. § 7-15-4532 — MT Code / Title 7 / Chapter 15 / Part 45 / Section 7-15-4532
7-15-4532 Limitations on remedies of obligees
Status: in_force

7-15-4532 . Limitations on remedies of obligees. (1) No interest of the authority in any real or personal property shall be subject to sale by the foreclosure of a mortgage thereon, either through judicial proceedings or the exercise of a power of sale contained in such mortgage, except in the case of the mortgages provided for in 7-15-4526 .

(2) All property of the authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same. No judgment against the authority shall be a charge or lien upon its real or personal property.

(3) The provisions of this section shall not apply to or limit the right of obligees to foreclose any mortgage of the authority provided for in 7-15-4526 and, in case of a foreclosure sale thereunder, to obtain a judgment or decree for any deficiency due on the indebtedness secured thereby and issued on the credit of the authority. Such deficiency judgment or decree shall be a lien and charge upon the property of the authority which may be levied on and sold by virtue of an execution or other judicial process for the purpose of satisfying such deficiency judgment or decree.
Mont. Code Ann. § 7-3-1346 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1346
7-3-1346 Department of health
Status: in_force

7-3-1346 . Department of health. The director of the department of health must be a physician legally authorized to practice medicine and surgery in Montana. Except as otherwise provided in part 12 or this part, the director of the department of health has the powers and shall perform the duties conferred on and required of coroners and county health officers and local health officers by the general laws of the state. The director also has other powers and shall perform other duties that may be prescribed by ordinance.
Mont. Code Ann. § 7-13-2215 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2215
7-13-2215 Certificate of incorporation from secretary of state
Status: in_force

7-13-2215 . Certificate of incorporation from secretary of state. (1) Upon the receipt of the certificate referred to in 7-13-2214 (2) or the certified copy of the order referred to in 7-13-2208 (3), the secretary of state shall, within 10 days, issue a certificate reciting that the district (naming it) has been incorporated according to the laws of the state of Montana. A copy of the certificate must be transmitted to and filed with the county clerk of the county or counties in which the district is situated.

(2) From and after the date of a certificate of incorporation from the secretary of state, the district named in the certificate must be considered incorporated with all the rights, privileges, and powers set forth in part 23 and this part.
Mont. Code Ann. § 7-6-4013 — MT Code / Title 7 / Chapter 6 / Part 40 / Section 7-6-4013
7-6-4013 Fees for services -- hearing and resolution
Status: in_force

7-6-4013 . Fees for services -- hearing and resolution. (1) If a local government has the authority to regulate, establish, and change fees, rates, charges, and classifications that are imposed for services to its inhabitants and other persons served by the local government, the fees, rates, charges, and classifications must be reasonable and related to the cost of providing the service.

(2) Charges for services must comply with Title 17, chapter 2, part 3, and other applicable statutes.

(3) In order to establish or change fees, rates, charges, or classifications imposed for services, the governing body shall order a hearing to be held as provided in 7-1-4131 , unless a special hearing process is provided by law. Municipal utility rate hearings must be held as provided in 69-7-112 .

(4) Notice of a hearing must be published as provided in 7-1-2121 for a county and as provided in 7-1-4127 for a municipality.

(5) After a hearing, the fees, rates, charges, or classifications must be established by resolution of the governing body.
Mont. Code Ann. § 7-12-4302 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4302
7-12-4302 Resolution of intention to create special improvement lighting district
Status: in_force

7-12-4302 . Resolution of intention to create special improvement lighting district. (1) Before creating any special improvement lighting district in any such city or town for the purpose of lighting any street or streets or public highway or section thereof in accordance with the provisions of this part, the city council shall pass a resolution of intention to do so.

(2) The resolution shall designate the number of such district, describe the boundaries thereof, and state therein the general character of the improvement or improvements to be made and an approximate estimate of the cost thereof, an approximate estimate of the cost of maintaining such lights and supplying electrical current therefor for the first year, and the proportion of such cost to be assessed against the property embraced within the district.
Mont. Code Ann. § 7-1-4147 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4147
7-1-4147 State technical advice and assistance
Status: in_force

7-1-4147 . State technical advice and assistance. (1) All state agencies are authorized and encouraged to provide technical assistance to municipalities.

(2) The technical assistance services may not include those that can be as reasonably and expeditiously obtained through business channels.

(3) State agencies are encouraged to develop the capacity to provide technical advice and assistance without charge to municipalities, but they are also encouraged to establish service charges for special or extraordinary technical advice.

(4) The department of administration shall coordinate technical advice and assistance provided to municipalities by state agencies.

(5) State agencies may lend personnel, equipment, and machinery to municipalities.
Mont. Code Ann. § 7-15-4283 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4283
7-15-4283 Definitions related to tax increment financing
Status: in_force

7-15-4283 . Definitions related to tax increment financing. For purposes of 7-15-4277 through 7-15-4280 and 7-15-4282 through 7-15-4294 , the following definitions apply unless otherwise provided or indicated by the context:

(1) "Actual taxable value" means the taxable value of all taxable property at any time, as calculated from the property tax record.

(2) "Base taxable value" means the actual taxable value of all taxable property within an urban renewal area or targeted economic development district as it appears on the property tax record prior to the effective date of a tax increment financing provision. This value may be adjusted as provided in 7-15-4287 or 7-15-4293 .

(3) "Incremental taxable value" means the amount, if any, by which the actual taxable value at any time exceeds the base taxable value of all taxable property within an urban renewal area or targeted economic development district.

(4) "Infrastructure" means tangible facilities and assets related to water, sewer, wastewater treatment, storm water, solid waste, and utilities systems including natural gas, hydrogen, electrical and telecommunications lines, fire protection, ambulance and law enforcement, workforce housing, streets, roads, curbs, gutters, sidewalks, pedestrian malls, alleys, bridges, and other transportation needs, including but not limited to parking, park and ride facilities and services, and bus, air, and rail service.

(5) "Local government", for the purposes of a targeted economic development district, means any incorporated city or town, a county, or a city-county consolidated local government.

(6) "Secondary value-added products or commodities" means products or commodities that are manufactured, processed, produced, or created by changing the form of raw materials or intermediate products into more valuable products or commodities that are capable of being sold or traded in interstate commerce.

(7) "Secondary value-adding industry" means a business that produces secondary value-added products or commodities or a business or organization that is engaged in technology-based operations within the state that, through the employment of knowledge or labor, adds value to a product, process, or export service resulting in the creation of new wealth.

(8) "Targeted economic development district" means a district created pursuant to 7-15-4277 through 7-15-4280 .

(9) "Tax increment" means the collections realized from extending the tax levies, expressed in mills, of all taxing bodies in which the urban renewal area or targeted economic development district or a part of the area or district is located against the incremental taxable value.

(10) "Tax increment provision" means a provision for the segregation and application of tax increments as authorized by 7-15-4282 through 7-15-4294 .

(11) "Taxes" means all taxes levied by a taxing body against property on an ad valorem basis.

(12) "Taxing body" means any incorporated city or town, county, city-county consolidated local government, school district, or other political subdivision or governmental unit of the state, including the state, that levies taxes against property within the urban renewal area or targeted economic development district.

(13) "Value-adding" means a project or a business that creates or increases economic opportunity in an area through investment in facilities, land, improvements, or equipment, including but not limited to manufacturing, technology, recreation, and tourism.
Mont. Code Ann. § 7-2-4705 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4705
7-2-4705 Annexation by municipalities providing services
Status: in_force

7-2-4705 . Annexation by municipalities providing services. (1) The governing body of any municipality may extend the corporate limits of the municipality under the procedure set forth in this part upon the initiation of the procedure by the governing body itself.

(2) Whenever the owners of real property situated outside the corporate boundaries of any municipality, but contiguous to the municipality, desire to have real estate annexed to the municipality, they shall file with the governing body of the municipality a petition bearing the signatures of 51% of the real property owners of the area sought to be annexed and requesting a resolution stating that the municipality intends to consider annexation. Upon passage of the resolution, the governing body shall follow the procedure in 7-2-4707 through 7-2-4713 and 7-2-4731 (3).
Mont. Code Ann. § 7-3-316 — MT Code / Title 7 / Chapter 3 / Part 3 / Section 7-3-316
7-3-316 Terms of commission members
Status: in_force

7-3-316 . Terms of commission members. Commission members shall be elected for:

(1) concurrent terms of office; or

(2) overlapping terms of office.
Mont. Code Ann. § 7-2-4103 — MT Code / Title 7 / Chapter 2 / Part 41 / Section 7-2-4103
7-2-4103 Prerequisites to organization of municipality
Status: in_force

7-2-4103 . Prerequisites to organization of municipality. No municipal corporation may be formed unless:

(1) (a) the number of inhabitants is 300 or upwards; or

(b) the community was a townsite owned and built by the U.S. government prior to April 3, 1981; and

(2) the boundary of the proposed territory to be incorporated is more than 3 miles from the boundary, measured from the nearest point between the two, of any presently incorporated city or town or there is presented to the board appropriate evidence that any presently incorporated city or town within 3 miles which legally could annex has refused to annex the proposed territory.
Mont. Code Ann. § 7-7-2269 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2269
7-7-2269 Order of redemption of bonds
Status: in_force

7-7-2269 . Order of redemption of bonds. All bonds or principal installments of amortization bonds to be redeemed under the provisions of 7-7-2268 may be paid and redeemed in the order that the county treasurer selects, consistent with the provisions of the resolution authorizing the issuance of the bonds.
Mont. Code Ann. § 7-12-2125 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2125
7-12-2125 Right to protest dissolution of district
Status: in_force

7-12-2125 . Right to protest dissolution of district. (1) (a) Except as provided in subsection (1)(b), any owner of property liable for the assessments within the district may make written protest against the dissolution of the district at any time within 30 days of the date of first publication of the notice of passage of a resolution of intention to dissolve the district as provided in 7-12-2124 (4). The protest must be in writing, identify the property in the district owned by the protestor, and, except as provided in 7-12-2141 , be signed by all owners of the property. The protest must be delivered to the county clerk who shall endorse on the protest document the date of its receipt by the county clerk.

(b) If the time period described in subsection (1)(a) includes a holiday as enumerated in 1-1-216 , other than a Sunday, the period must be extended for an additional 2 days.

(2) (a) As used in this section, "owner" means the record owner of fee simple title to the property as of the date a protest is filed.

(b) The term does not include a tenant or other holder of a leasehold interest in the property.
Mont. Code Ann. § 7-7-2304 — MT Code / Title 7 / Chapter 7 / Part 23 / Section 7-7-2304
7-7-2304 Interest rate on refunding general obligation bonds
Status: in_force

7-7-2304 . Interest rate on refunding general obligation bonds. (1) Except as provided in subsection (2), refunding bonds may not be issued unless the refunding bonds bear interest at a rate of at least 1/2 of 1% less than the outstanding bonds that are to be refunded. In determining whether the refunding bonds satisfy the savings requirements provided for in this section:

(a) if the bonds proposed to be refunded bear interest at a variable rate, the average annual interest rate on the bonds being refunded must be calculated by reference to the interest rate on the bonds currently in effect and over the immediately preceding 5 complete fiscal years of the issuer; or

(b) if the variable rate bonds being refunded have not been outstanding for the period of time referred to in subsection (1)(a), then the average annual interest rate on the bonds being refunded must be calculated by reference to the interest rate on the bonds being refunded currently in effect and over the total number of complete fiscal years of the issuer since the date of issuance of the bonds.

(2) Refunding bonds may bear interest in excess of the rate on the bonds being refunded if the issuance of the refunding bonds, including the total costs of refunding the bonds, results in a reduction of total debt service cost to the county. Variable rate refunding bonds may also be issued if the board of county commissioners determines that the issuance of variable rate refunding bonds is reasonably expected to result in less interest payable on the refunding bonds than the interest payable on the refunded bonds.

(3) Refunding bonds may be issued in a principal amount greater than the principal amount of the outstanding bonds if there is a reduction of total debt service cost to the county.
Mont. Code Ann. § 7-4-3005 — MT Code / Title 7 / Chapter 4 / Part 30 / Section 7-4-3005
7-4-3005 Office of county superintendent of schools
Status: in_force

7-4-3005 . Office of county superintendent of schools. The duties and functions of the office of county superintendent of schools are provided for in Title 20.
Mont. Code Ann. § 7-6-2527 — MT Code / Title 7 / Chapter 6 / Part 25 / Section 7-6-2527
7-6-2527 Taxation -- public and governmental purposes
Status: in_force

7-6-2527 . Taxation -- public and governmental purposes. A county may impose a property tax levy for any public or governmental purpose not specifically prohibited by law. Public and governmental purposes include but are not limited to:

(1) district court purposes as provided in 7-6-2511 ;

(2) county-owned or county-operated health care facility purposes as provided in 7-6-2512 ;

(3) county law enforcement services and maintenance of county detention center purposes as provided in 7-6-2513 and search and rescue units as provided in 7-32-235 ;

(4) multijurisdictional service purposes as provided in 7-11-1022 ;

(5) transportation services for senior citizens and persons with disabilities as provided in 7-14-111 ;

(6) support for a port authority as provided in 7-14-1132 ;

(7) county road, bridge, and ferry purposes as provided in 7-14-2101 , 7-14-2501 , 7-14-2502 , 7-14-2503 , 7-14-2801 , and 7-14-2807 ;

(8) recreational, educational, and other activities of the elderly as provided in 7-16-101 ;

(9) purposes of county fair activities, parks, cultural facilities, and any county-owned civic center, youth center, recreation center, or recreational complex as provided in 7-16-2102 and 7-16-2109 ;

(10) programs for the operation of licensed day-care centers and homes as provided in 7-16-2108 and 7-16-4114 ;

(11) support for a museum, facility for the arts and the humanities, collection of exhibits, or a museum district created under provisions of Title 7, chapter 11, part 10, or former Title 7, chapter 16, part 22;

(12) extension work in agriculture and home economics as provided in 7-21-3203 ;

(13) weed control and management purposes as provided in 7-22-2142 ;

(14) insect control programs as provided in 7-22-2306 ;

(15) fire control as provided in 7-33-2209 ;

(16) ambulance service as provided in 7-34-102 ;

(17) public health purposes as provided in 50-2-111 ;

(18) public assistance purposes as provided in 53-3-115 ;

(19) indigent assistance purposes as provided in 53-3-116 ;

(20) developmental disabilities facilities as provided in 53-20-208 ;

(21) mental health services as provided in 53-21-1010 ;

(22) airport purposes as provided in 67-10-402 and 67-11-302 ;

(23) purebred livestock shows and sales as provided in 81-8-504 ;

(24) economic development purposes as provided in 90-5-112 ;

(25) prevention programs, including programs that reduce substance abuse; and

(26) forest or grassland hazardous fuels reduction projects in areas near homes and communities where wildland fire is a threat.
Mont. Code Ann. § 7-13-4405 — MT Code / Title 7 / Chapter 13 / Part 44 / Section 7-13-4405
7-13-4405 Acquisition of water rights and other necessary property
Status: in_force

7-13-4405 . Acquisition of water rights and other necessary property. For the purpose of providing the city or town with an adequate water supply for municipal and domestic purposes, the city or town council shall procure appropriate water rights and the necessary real and personal property to make an adequate water supply available. The water rights and property may be acquired by purchase, appropriation, location, condemnation pursuant to Title 70, chapter 30, or in any other legal manner.
Mont. Code Ann. § 7-3-1317 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1317
7-3-1317 Deposit security
Status: in_force

7-3-1317 . Deposit security. (1) Unless a bank designated as a depository elects to deposit securities with the treasurer as provided in subsection (2), it shall give good and sufficient bonds, with sureties to be approved by the commission, conditioned for the safekeeping and payment of the municipal funds deposited with the bank and the interest on the deposit. Any bonds of a depository must be in the aggregate equal to the amount designated by the commission as the maximum of municipal funds that may at any time be kept by the depository. All surety bonds given by a bank in accordance with the provisions of this subsection must continue in force so long as funds of the municipality deposited in the bank are unpaid. This section may not impair the rights and remedies of the municipality on the bonds under the laws of the state.

(2) In lieu of the surety bonds specified in subsection (1), a bank designated as a depository of municipal funds may deposit with the treasurer bonds of the class and kind in which, by the provisions of 7-3-1322 , the sinking fund of the municipality may be invested. Deposited bonds must be in an amount equal to the amount of municipal funds permitted at any time to be deposited with the bank, must be approved by the commission, and must be accompanied by proper assignment, to the end that the bank depositing and assigning the bonds will safely keep and pay over to the treasurer or the treasurer's order, on demand and free of exchange, all money at any time deposited in the bank with interest on the money at the rate agreed upon and that in case of default on the part of the bank, the commission may sell the bonds or so much of the bonds as may be necessary to realize the full amount of the funds deposited. The bank is entitled to interest on the securities deposited with the treasurer, when paid, and to the return of the securities at the termination of the trust so long as the bank is not in default. With the approval of the commission, a bank may at any time substitute other similar securities of equal value for those deposited.

(3) Bonds and other securities given by banks in accordance with this part must be entered in a record to be kept for that purpose by the director of finance and deposited with the treasurer for safekeeping. The record of the bonds and securities kept by the director of finance or copies of the record certified by that officer are competent and prima facie evidence of the contents and tenor of the bonds and securities.
Mont. Code Ann. § 7-7-4423 — MT Code / Title 7 / Chapter 7 / Part 44 / Section 7-7-4423
7-7-4423 Nature of revenue bonds
Status: in_force

7-7-4423 . Nature of revenue bonds. (1) No holder or holders of any bonds issued under this part shall ever have the right to compel any exercise of taxing power of the municipality to pay said bonds or the interest thereon.

(2) Each bond issued under this part shall recite in substance that:

(a) said bond, including interest thereon, is payable from the revenue pledged to the payment thereof; and

(b) said bond does not constitute a debt of the municipality within the meaning of any constitutional or statutory limitation or provision.
Mont. Code Ann. § 7-32-234 — MT Code / Title 7 / Chapter 32 / Part 2 / Section 7-32-234
7-32-234 Exceptions
Status: in_force

7-32-234 . Exceptions. Provisions of 7-32-211 , 7-32-213 , and 7-32-214 do not apply to auxiliary officers, to special services officers, to sworn volunteer peace officers who are not assigned to general law enforcement duties, or to members of a posse organized to quell public disturbance or domestic violence in accordance with 7-32-2121 (6).
Mont. Code Ann. § 7-6-1603 — MT Code / Title 7 / Chapter 6 / Part 16 / Section 7-6-1603
7-6-1603 Collection and expenditure of impact fees -- refunds or credits -- mechanism for appeal required -- cause of action
Status: in_force

7-6-1603 . Collection and expenditure of impact fees -- refunds or credits -- mechanism for appeal required -- cause of action. (1) The collection and expenditure of impact fees must comply with this part. The collection and expenditure of impact fees must be reasonably related to the benefits accruing to the development paying the impact fees. The ordinance or resolution adopted by the governmental entity must include the following requirements:

(a) Impact fees collected for a public facility must be deposited in a special proprietary fund created specifically for each public facility as identified in the service area report. Funds must be invested with all interest accruing to the fund. Impact fees collected for a specific public facility may not be transferred to a different fund and must be spent and accounted for solely for the public facility as identified in the service area report.

(b) A governmental entity may impose impact fees on behalf of local districts.

(c) (i) If the impact fees are not collected or spent in accordance with the impact fee ordinance or resolution or in accordance with 7-6-1602 , any impact fees that were collected must be refunded to the person who owned the property at the time the impact fee in question was paid.

(ii) If a written request is submitted as provided for in subsection (9), the governmental entity shall refund any impact fee due under subsection (1)(c)(i) within 90 days.

(iii) The governmental entity may not impose conditions when issuing a refund pursuant to this part.

(d) Impact fees may only be used to acquire, construct, or improve the specific public facility project for which they were collected and may only be expended in compliance with the service area report.

(2) All impact fees imposed pursuant to the authority granted in this part must be paid no earlier than the date of issuance of a building permit if a building permit is required for the development or no earlier than the time of wastewater or water service connection or well or septic permitting.

(3) A governmental entity may recoup costs of excess capacity in existing capital facilities, when the excess capacity has been provided in anticipation of the needs of new development, by requiring impact fees for that portion of the facilities constructed for future users. The need to recoup costs for excess capacity must have been documented pursuant to 7-6-1602 in a manner that demonstrates the need for the excess capacity. This part does not prevent a governmental entity from continuing to assess an impact fee that recoups costs for excess capacity in an existing facility. The impact fees imposed to recoup the costs to provide the excess capacity must be based on the governmental entity's actual cost of acquiring, constructing, or upgrading the facility and must be no more than a proportionate share of the costs to provide the excess capacity.

(4) Governmental entities may accept the dedication of land or the construction of public facilities in lieu of payment of impact fees if:

(a) the need for the dedication or construction is clearly documented pursuant to 7-6-1602 ;

(b) the land proposed for dedication for the public facilities to be constructed is determined to be appropriate for the proposed use by the governmental entity;

(c) formulas or procedures for determining the worth of proposed dedications or constructions are established as part of the impact fee ordinance or resolution; and

(d) a means to establish credits against future impact fee revenue has been created as part of the adopting ordinance or resolution if the dedication of land or construction of public facilities is of worth in excess of the impact fee due from an individual development.

(5) Impact fees may not be imposed for remodeling, rehabilitation, or other improvements to an existing structure or for rebuilding a damaged structure unless there is an increase in units that increase service demand as described in 7-6-1602 (2)(j). If impact fees are imposed for remodeling, rehabilitation, or other improvements to an existing structure or use, only the net increase between the old and new demand may be imposed.

(6) This part does not prevent a governmental entity from granting refunds or credits:

(a) that it considers appropriate and that are consistent with the provisions of 7-6-1602 and this chapter; or

(b) in accordance with a voluntary agreement, consistent with the provisions of 7-6-1602 and this chapter, between the governmental entity and the individual or entity being assessed the impact fees.

(7) An impact fee represents a fee for service payable by all users creating additional demand on the facility.

(8) An impact fee ordinance or resolution must include a mechanism whereby a person charged an impact fee may appeal the charge if the person believes an error has been made.

(9) Any person or entity who is owed refunded impact fees as provided in this part may request in writing from the governmental entity that prompt payment be concluded. A person or entity who submitted a written request pursuant to this subsection may bring a cause of action against the governmental entity in a court of competent jurisdiction for failure to comply with this part. If a claimant prevails in an action brought against a governmental entity pursuant to this subsection, the court shall award the claimant payment of all amounts due, court costs, expert witness fees, and attorney fees incurred by the claimant. If the claimant is unsuccessful, the court shall award the governmental entity court costs, expert witness fees, and attorney fees.
Mont. Code Ann. § 7-1-116 — MT Code / Title 7 / Chapter 1 / Part 1 / Section 7-1-116
7-1-116 Carbon fees, taxation, or penalties -- prohibition
Status: in_force

7-1-116 . Carbon fees, taxation, or penalties -- prohibition. (1) A local government may not enact, adopt, implement, enforce, or refer to the electorate a rule, order, ordinance, or policy that includes fees, taxation, or penalties based on carbon or carbon use.

(2) (a) Fees, taxation, or penalties based on carbon or carbon use include formal or informal rules, orders, ordinances, or policies, including but not limited to:

(i) charges placed on resident or business electrical, natural gas, propane, or other energy bills or statements based on usage or carbon content; or

(ii) any other method, tax, or fee levied on the carbon content of fuels or electricity in the transportation or energy sector.

(b) This subsection (2)(b) does not include energy conservation bonds as provided in 7-7-141 or energy performance contracts pursuant to Title 90, chapter 4, part 11.

(3) Nothing in this section prohibits a local government from participating in a service offered through a tariff approved by the public service commission.

(4) For the purposes of this section, "local government" includes a county, a consolidated government, an incorporated city or town, or a special district.
Mont. Code Ann. § 7-15-4453 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4453
7-15-4453 Strict compliance with laws and contracts required
Status: in_force

7-15-4453 . Strict compliance with laws and contracts required. The authority and its commissioners shall be under a statutory duty to comply or to cause compliance strictly with all provisions of this part and part 45 and the laws of the state and, in addition thereto, with each and every term, provision, and covenant in any contract of the authority to be kept or performed on its part.
Mont. Code Ann. § 7-2-2423 — MT Code / Title 7 / Chapter 2 / Part 24 / Section 7-2-2423
7-2-2423 Correction of jury lists for old counties
Status: in_force

7-2-2423 . Correction of jury lists for old counties. The clerk or clerks of the district court of the county or counties from which the new county has been created shall, after the creation of the new county, remove from the list of jurors and jury boxes of the clerk's county or counties the names of all persons upon the list that may have been filed with the clerk by the jury commission who may appear to the clerk to be residents of the new county and certified by the clerk as provided in 7-2-2422 .
Mont. Code Ann. § 7-14-1121 — MT Code / Title 7 / Chapter 14 / Part 11 / Section 7-14-1121
7-14-1121 Supplementary powers
Status: in_force

7-14-1121 . Supplementary powers. In addition to the general and special powers conferred by this part, each authority may exercise all powers incidental to the exercise of such general and special powers.
Mont. Code Ann. § 7-6-1105 — MT Code / Title 7 / Chapter 6 / Part 11 / Section 7-6-1105
7-6-1105 Refunding and renewal of short-term obligations
Status: in_force

7-6-1105 . Refunding and renewal of short-term obligations. (1) Gross proceeds obligations may, from time to time, be renewed or refunded by the issuance of gross proceeds obligations. Gross proceeds obligations may not be renewed or refunded to a date later than 5 years from the end of the fiscal year in which the original short-term obligation was issued.

(2) Short-term obligations may, from time to time, be renewed or refunded by the issuance of short-term obligations. Short-term obligations may not be renewed or refunded to a date later than 6 months from the end of the fiscal year in which the original short-term obligation was issued.
Mont. Code Ann. § 7-2-4902 — MT Code / Title 7 / Chapter 2 / Part 49 / Section 7-2-4902
7-2-4902 Disincorporation by election
Status: in_force

7-2-4902 . Disincorporation by election. (1) Any city or town may be disincorporated in the manner provided in this section.

(2) If the registered electors of a city or town equal in number to at least 15% of the number of municipal electors registered at the last municipal general election petition the board of county commissioners of the county where the city or town is situated to disincorporate the city or town or if the city governing body by a two-thirds vote of all its members resolves to disincorporate, then the board shall order an election to be held within the city or town on the question of disincorporating the city or town. The election must be conducted in accordance with Title 13, chapter 1, part 4.
Mont. Code Ann. § 7-2-4331 — MT Code / Title 7 / Chapter 2 / Part 43 / Section 7-2-4331
7-2-4331 When land conclusively presumed to be annexed
Status: in_force

7-2-4331 . When land conclusively presumed to be annexed. A tract or parcel of land that has been shown on municipal maps or plats as being within municipal boundaries but is later found to have been improperly or unofficially annexed is conclusively presumed to be annexed and may be so recorded if municipal taxes have been paid on the tract or parcel without protest for a period of 7 years.
Mont. Code Ann. § 7-13-2350 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2350
7-13-2350 Minutes
Status: in_force

7-13-2350 . Minutes. The board administering and operating the district shall submit the minutes of its proceedings for electronic storage as provided in 7-1-204 .
Mont. Code Ann. § 7-22-2103 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2103
7-22-2103 District weed board -- appointment -- commissioner powers
Status: in_force

7-22-2103 . District weed board -- appointment -- commissioner powers. (1) The commissioners shall appoint a district weed board subject to the provisions of 7-1-201 through 7-1-203 .

(2) Upon a recommendation from the weed board, the commissioners may appoint a weed coordinator.

(3) The commissioners shall approve, approve with revisions, or reject a weed management plan submitted pursuant to 7-22-2121 .
Mont. Code Ann. § 7-6-4301 — MT Code / Title 7 / Chapter 6 / Part 43 / Section 7-6-4301
7-6-4301 Presentation of claims against municipality
Status: in_force

7-6-4301 . Presentation of claims against municipality. (1) All accounts and demands against a city or town must be presented to the council in an itemized format. These claims must be presented with all necessary and proper vouchers within 1 year from the date the claims accrued. An action may not be maintained against the city or town for or on account of any demand or claim against the city or town until the demand or claim has first been presented to the council.

(2) Payment of claims against a city or town may be authorized by the council when:

(a) payee-signed claims have been issued to the city or town and the payee has attested in the claim to its accuracy and that the payee has not received the claimed amount; or

(b) the payee has provided the city or town with an invoice or other document identifying the quantity and total cost for each item included on the invoice.

(3) All bills, claims, accounts, or charges for materials of any kind that are purchased by and on behalf of a city or town by its department heads or officers must be reviewed by the city or town finance director or the city or town clerk before submission to the council.

(4) A claim or demand not presented within the time provided in subsection (1) is forever barred, and the council has no authority to allow any account or demand not presented as provided in this section.
Mont. Code Ann. § 7-3-402 — MT Code / Title 7 / Chapter 3 / Part 4 / Section 7-3-402
7-3-402 Nature of government
Status: in_force

7-3-402 . Nature of government. Local governments that adopt this form shall have general government powers.
Mont. Code Ann. § 7-1-4139 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4139
7-1-4139 Waiver of mail notice or protest
Status: in_force

7-1-4139 . Waiver of mail notice or protest. (1) If all persons entitled to mail notice waive in writing the mail notice requirement, the governing body may proceed without the required mail notice.

(2) If all persons entitled to protest an action waive in writing their right to protest, the governing body may proceed without publishing notice or meeting other requirements designed to permit protests to be filed.

(3) A waiver is sufficient if it is in writing, signed, and contains the following:

(a) a description of the mailed notice or protest right waived;

(b) a statement of the protestor's qualifications to waive the mailed notice or protest right;

(c) the address of the person;

(d) a statement that the waiver of notice is voluntarily and knowingly given, with knowledge of the signer's constitutional rights to notice.

(4) Waivers shall be submitted as provided by law and ordinance. The person receiving waivers for a local government shall note on each waiver the date it was received.

(5) A waiver which contains the required information may be signed by more than one person. A waiver signed by more than one person is a valid waiver by each signer.

(6) Signers are encouraged to print their names after their signatures.
Mont. Code Ann. § 7-14-4205 — MT Code / Title 7 / Chapter 14 / Part 42 / Section 7-14-4205
7-14-4205 Payment of costs
Status: in_force

7-14-4205 . Payment of costs. In case the owner of the building appeals and the damages are not increased or in case the city or town appeals and the damages are decreased in the district court, the costs must be paid by the defendant. In all other cases or in the case no appeal is taken, the costs must be paid by the city or town.
Mont. Code Ann. § 7-6-1509 — MT Code / Title 7 / Chapter 6 / Part 15 / Section 7-6-1509
7-6-1509 Use of resort area tax
Status: in_force

7-6-1509 . Use of resort area tax. (1) (a) Except as provided in subsection (1)(b) or unless otherwise provided by the resolution approved by the qualified electors under 7-6-1504 , the board of county commissioners shall appropriate and spend revenue derived from a resort area tax for the purpose stated in the resolution.

(b) If the qualified electors of a resort area have established a resort area district, the district board of directors shall appropriate and spend revenue derived from a resort area tax for the purpose stated in the resolution.

(2) If the qualified electors of a resort area have not established a resort area district, the resort area shall reimburse the board of county commissioners for costs associated with the collection, administration, and litigation of the resort area tax.
Mont. Code Ann. § 7-14-1101 — MT Code / Title 7 / Chapter 14 / Part 11 / Section 7-14-1101
7-14-1101 Local port authority
Status: in_force

7-14-1101 . Local port authority. (1) Any county or municipality may, by resolution of its governing body, create a public body, corporate and politic, to be known as a local port authority, authorized to exercise its functions upon the appointment and qualification of the first commissioners thereof. Such a governing body may by resolution determine to exercise any or all powers granted to such authorities in this part, unless such powers have been conferred upon a local or regional port authority.

(2) Upon the adoption of a resolution creating a local port authority, the governing body of the county or municipality shall, pursuant to the resolution, appoint or, at the option of the governing body, elect, as provided in 7-14-1106 , not less than five persons as commissioners of the authority. The commissioners who are first appointed must be designated to serve for terms of 1, 2, 3, 4, and 5 years, respectively, but thereafter each commissioner must be appointed or elected for a term of 5 years, except that vacancies occurring other than by expiration of a term must be filled for the unexpired term by the governing body.
Mont. Code Ann. § 7-34-2301 — MT Code / Title 7 / Chapter 34 / Part 23 / Section 7-34-2301
7-34-2301 Construction and operation of county boarding home authorized
Status: in_force

7-34-2301 . Construction and operation of county boarding home authorized. The board of county commissioners may erect, furnish, equip, expand, improve, maintain, and operate a boarding home for the aged that does not constitute a health care facility, subject to any applicable standards established by the department of public health and human services. A boarding home may be located adjacent to or in a building containing a health care facility and may be operated in conjunction with the health care facility.
Mont. Code Ann. § 7-6-1502 — MT Code / Title 7 / Chapter 6 / Part 15 / Section 7-6-1502
7-6-1502 Resort community taxing authority -- specific delegation
Status: in_force

7-6-1502 . Resort community taxing authority -- specific delegation. As required by 7-1-112 , 7-6-1501 through 7-6-1507 specifically delegate to the qualified electors of each respective resort community the power to authorize their municipality to impose a resort tax within the corporate boundary of the municipality as provided in 7-6-1501 through 7-6-1507 .
Mont. Code Ann. § 7-33-4113 — MT Code / Title 7 / Chapter 33 / Part 41 / Section 7-33-4113
7-33-4113 Personnel of fire department not considered municipal officers
Status: in_force

7-33-4113 . Personnel of fire department not considered municipal officers. The chief of the fire department, the assistant chief or chiefs of the fire department, and the firefighters shall not be deemed officers of the municipal corporation in which such fire department is established.
Mont. Code Ann. § 7-32-303 — MT Code / Title 7 / Chapter 32 / Part 3 / Section 7-32-303
7-32-303 Peace officer employment, education, and certification standards -- suspension or revocation -- penalty
Status: in_force

7-32-303 . Peace officer employment, education, and certification standards -- suspension or revocation -- penalty. (1) For the purposes of this section, unless the context clearly indicates otherwise, the following definitions apply:

(a) "Council" means the Montana public safety officer standards and training council established in 2-15-2029 .

(b) "Peace officer" means a deputy sheriff, undersheriff, police officer, highway patrol officer, fish and game warden, park ranger, campus security officer, or airport police officer.

(2) A sheriff of a county, the mayor of a city, a board, a commission, or any other person authorized by law to appoint peace officers in this state may not appoint a person as a peace officer who does not meet the qualifications provided in this subsection (2) plus any additional qualifying standards for employment promulgated by the council. A peace officer must:

(a) be a citizen of the United States;

(b) be at least 18 years of age;

(c) be fingerprinted and a search made of the local, state, and national fingerprint files to disclose any criminal record;

(d) not have been convicted of a crime for which the person could have been imprisoned in a federal or state penitentiary;

(e) be of good moral character, as determined by a thorough background investigation;

(f) be a high school graduate or have been issued a high school equivalency diploma by the superintendent of public instruction or by an appropriate issuing agency of another state or of the federal government;

(g) be free of any mental condition that might adversely affect performance of the duties of a peace officer, as determined after:

(i) a mental health evaluation performed by a licensed physician or a mental health professional who is licensed by the state under Title 37, who is acting within the scope of the person's licensure when performing a mental health evaluation, who is not the applicant's personal physician or licensed mental health professional, and who is selected by the employing authority; or

(ii) satisfactory completion of a standardized mental health evaluation instrument determined by the employing authority to be sufficient to examine for any mental conditions within the meaning of this subsection (2)(g), if the instrument is scored by a licensed physician or a mental health professional acting within the scope of the person's licensure by a state;

(h) be free of any physical condition that might adversely affect performance of the duties of a peace officer, as determined after satisfactory completion of a physical examination performed by a health care provider who is licensed by the state under Title 37 and acting within the scope of the person's licensure when performing the physical examination, who is not the applicant's personal health care provider, and who is selected by the employing authority;

(i) have successfully completed an oral examination conducted by the appointing authority or its designated representative to demonstrate the possession of communication skills, temperament, motivation, and other characteristics necessary to the accomplishment of the duties and functions of a peace officer;

(j) possess or be eligible for a valid Montana driver's license; and

(k) be certified or be eligible for certification as a peace officer by the council or become eligible for certification upon completion of the requirements contained in subsections (6) through (10).

(3) At the time of appointment, a peace officer shall take the formal oath of office prescribed in Article III, section 3, of the Montana constitution. No other oath may be required.

(4) Within 10 days of the appointment, termination, resignation, or death of a peace officer, written notice of the event must be given to the council by the employing authority.

(5) It is the duty of an appointing authority in Montana to ensure that each peace officer appointed under its authority has the basic training, including any training required in subsections (6) through (8), in addition to meeting all other requirements of peace officer certification promulgated by the council. Any peace officer appointed after September 30, 1983, who fails to meet the minimum requirements as set forth in subsection (2) or who fails to complete the basic training required by subsections (6) through (8) forfeits the position, authority, and arrest powers accorded a peace officer in this state.

(6) (a) Except as provided in subsections (7) and (8), a peace officer shall successfully complete the peace officer basic course as approved by the council at:

(i) the Montana law enforcement academy; or

(ii) a law enforcement academy administered by an accredited Montana college or university whose curriculum and methods of training for officers and other individuals attending the academy are approved by both a Montana state or local law enforcement agency and the council. The curriculum and the methods of training under this subsection (6)(a)(ii) must be commensurate with the peace officer basic course held at the Montana law enforcement academy.

(b) A peace officer shall complete the peace officer basic course pursuant to subsection (6)(a) within 1 year of:

(i) the peace officer's initial appointment as a peace officer; or

(ii) the peace officer's most recent appointment as a peace officer if the peace officer has had a break in service as a peace officer of more than 5 years.

(7) (a) If a peace officer previously satisfied the requirement in subsection (6), is certified or is eligible for certification as a peace officer in Montana or may become eligible for certification upon completion of the probationary period in subsection (10), and has had a break in service as a peace officer of less than 3 years, the peace officer is not required to satisfy the requirement in subsection (6) or to attend an equivalency course prior to returning to work in Montana as a peace officer.

(b) If a peace officer previously satisfied the requirement in subsection (6), is certified or is eligible for certification as a peace officer in Montana or may become eligible for certification upon completion of the probationary period in subsection (10), and has been continuously employed as a peace officer outside of Montana for no more than 3 years, the peace officer is not required to satisfy the requirement in subsection (6) or to attend an equivalency course prior to returning to work in Montana as a peace officer.

(c) If a peace officer previously completed the peace officer basic course as provided in subsection (6) successfully, is certified or is eligible for certification as a peace officer in Montana or may become eligible for certification upon completion of the probationary period in subsection (10), and has been continuously employed as a peace officer outside of Montana for more than 3 years or who has had a break in service as a peace officer for more than 3 years but less than 5 years, the peace officer shall successfully complete the peace officer basic equivalency course, as approved by the council, within 1 year of the peace officer's most recent appointment as a peace officer in Montana. If the peace officer fails the basic equivalency course, the officer shall satisfy the requirement in subsection (6) at the next available opportunity.

(d) If a person satisfied the requirement in subsection (6) prior to the person's appointment or employment and is hired or appointed as a peace officer more than 3 years but less than 5 years after the date that the person satisfied the requirement in subsection (6), the person shall successfully complete the peace officer basic equivalency course, as approved by the council, within 1 year of the person's most recent appointment or employment as a peace officer. If the person is not appointed or employed as a peace officer within 5 years after the date of the person's successful completion of the requirement in subsection (6), the person shall satisfy the requirement in subsection (6) within 1 year of the person's most recent appointment or employment as a peace officer in Montana.

(8) (a) Except as provided in subsection (8)(c), if a peace officer has successfully completed a peace officer basic course that is taught or approved by a federal, state, local, or United States military law enforcement agency, that satisfies the peace officer basic training requirement for that agency, and that the council has reviewed and approved as commensurate with a current peace officer basic course offered pursuant to subsection (6), the peace officer shall successfully complete the peace officer basic equivalency course, as approved by the council, within 1 year of the officer's initial appointment in Montana. If the officer fails the basic equivalency course, the officer must satisfy the requirement in subsection (6) at the next available opportunity.

(b) Except as provided in subsection (8)(c), if a peace officer has successfully completed a peace officer basic course that is taught or approved by a federal, state, local, or United States military law enforcement agency and that satisfies the peace officer basic training requirement for that agency and if that peace officer's combined training and experience have been reviewed and approved by the council as commensurate with a current peace officer basic course offered pursuant to subsection (6), the peace officer shall successfully complete the peace officer basic equivalency course, as approved by the council, within 1 year of the officer's initial appointment in Montana. If the officer fails the basic equivalency course, the officer must satisfy the requirement in subsection (6) at the next available opportunity.

(c) If the peace officer has had a break in service as a peace officer for more than 5 years, the officer shall complete the requirement of subsection (6) within 1 year of the officer's initial appointment as a peace officer in Montana.

(9) The council may extend the 1-year time requirements of subsections (6) through (8) upon the written application of the appointing authority of the officer. The application must explain the circumstances that make the extension necessary. Factors that the council may consider in granting or denying the extension include but are not limited to illness of the peace officer or a member of the peace officer's immediate family, absence of reasonable access to the basic equivalency course, and an unreasonable shortage of personnel within the department. The council may not grant an extension to exceed 180 days.

(10) A peace officer who has successfully met the training, employment, and educational standards of this section, has successfully met the training and employment standards set by the council, and has completed a 1-year probationary term of employment must be issued a peace officer basic certificate by the council certifying that the peace officer has met all of the basic qualifying peace officer standards of this state.

(11) It is unlawful for a person whose basic certification as a peace officer has been revoked or denied by the Montana public safety officer standards and training council for misconduct to act as a peace officer. It is unlawful for a person whose peace officer basic certification has been suspended by the council to act or be appointed or employed as a peace officer in Montana during the period in which the certification is suspended. A person convicted of violating this subsection is guilty of a misdemeanor, punishable by a term of imprisonment not to exceed 6 months in the county jail or by a fine not to exceed $500, or both.

(12) The council may adopt rules to implement the provisions of this section as provided in 2-15-2029 . The rules must be adopted pursuant to the Montana Administrative Procedure Act.
Mont. Code Ann. § 7-2-2705 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2705
7-2-2705 Petition to amend proposed consolidation
Status: in_force

7-2-2705 . Petition to amend proposed consolidation. (1) At any time prior to 5 days before the date fixed for consideration and final action on the petition, 50% of the registered electors residing within a particular part or portion of the county may file with the county clerk of the county a petition in writing, signed by them, asking that the part or portion of the county within which the petitioners reside not be attached to the county designated in the petition for abandonment but be attached to some other adjoining county. A person, after signing the petition, may withdraw the person's signature or name from the petition in the same manner as provided in 7-2-2604 (4).

(2) The petition authorized by subsection (1) must definitely, particularly, and accurately describe the boundaries of the part or portion of the county that the petitioners desire to be attached to the other adjoining county and must specify and name the other adjoining county to which the part or portion is to be attached if the county is abandoned and abolished.

(3) Separate and independent petitions may be filed by registered electors residing within the boundaries of separate and distinct and different parts or portions of the county, asking that, if the county is abandoned, the territory embraced within the boundaries described in the petition be attached to and become parts of the same or different adjoining counties other than the county named and designated in the petition for abandonment.
Mont. Code Ann. § 7-12-4123 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4123
7-12-4123 Manner of making demands for incidental expenses
Status: in_force

7-12-4123 . Manner of making demands for incidental expenses. All demands for incidental expenses mentioned in 7-12-4101 (7), except the administrative fee of the city and interest payable on warrants or bonds of the district, shall be presented to the city clerk by itemized bill, duly verified by oath of the demandant.
Mont. Code Ann. § 7-13-4523 — MT Code / Title 7 / Chapter 13 / Part 45 / Section 7-13-4523
7-13-4523 Fees -- determination of rates -- increases -- exemption for agricultural water use
Status: in_force

7-13-4523 . Fees -- determination of rates -- increases -- exemption for agricultural water use. (1) The commissioners shall determine fee rates according to a classification system that is based upon the volume of water withdrawn and the volume and type of waste produced at each fee-assessed unit in the local water quality district.

(2) Fees for commercial and industrial units must be based on a comparison with a typical family residential unit as to volume of water withdrawn and volume and type of waste produced. Commercial and industrial units may be assessed fees that are not greater than 50 times the fees assessed on a family residential unit.

(3) The commissioners may increase fees up to 10% a year by passing a resolution to establish the new fee rate. The commissioners may not approve a proposed fee increase of more than 10% a year unless notice of the proposed increase is given as provided in 7-13-4507 (1) and (2) and opportunity for protest is provided as set forth in 7-13-4509 and 7-13-4510 . If more than 20% of the owners of fee assessed units in the district protest, the fee increase may not be approved except through the referendum procedure provided for in 7-13-4512 .

(4) Water withdrawals for irrigation and livestock use and related water discharges may not be assessed fees.
Mont. Code Ann. § 7-22-2305 — MT Code / Title 7 / Chapter 22 / Part 23 / Section 7-22-2305
7-22-2305 Acquisition of supplies and equipment
Status: in_force

7-22-2305 . Acquisition of supplies and equipment. The board of county commissioners of any county may from time to time purchase or contract to hire such quantities and amounts of poisons, traps, and other equipment necessary to poison, kill, catch, or exterminate such insect pests, and warrants in payment thereof shall be drawn on the general fund.
Mont. Code Ann. § 7-3-4212 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4212
7-3-4212 Effect of vote on question
Status: in_force

7-3-4212 . Effect of vote on question. (1) If the proposition is adopted, the mayor shall transmit to the governor, to the secretary of state, and to the county clerk and recorder each a certificate stating that the proposition was adopted.

(2) If the proposition was not approved at the election, the proposition may not again be submitted to the electors of the city within a period of 2 years after the date of the last submission.
Mont. Code Ann. § 7-13-2261 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2261
7-13-2261 Recall of officers
Status: in_force

7-13-2261 . Recall of officers. Every incumbent of an elective office, whether elected by popular vote for a full term, elected by the board of directors to fill a vacancy, or appointed by a mayor or the board of commissioners for a full term, is subject to recall by the qualified electors of any district organized under the provisions of this part and part 23 in accordance with Title 2, chapter 16, part 6.
Mont. Code Ann. § 7-3-1213 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1213
7-3-1213 Power to effectuate transition
Status: in_force

7-3-1213 . Power to effectuate transition. The commission shall have power to make all necessary regulations not inconsistent with this part or part 13 for the transition from the several governments of and within the county to the government provided by this part and part 13, including the transfer to the treasury of the consolidated city and county of all funds and money of such several governments.
Mont. Code Ann. § 7-32-4132 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4132
7-32-4132 Payment of partial salary amount of officer injured in performance of duty
Status: in_force

7-32-4132 . Payment of partial salary amount of officer injured in performance of duty. (1) A member of a municipal law enforcement agency of a municipality contracting for retirement coverage pursuant to 19-9-207 who is injured in the performance of the member's duties and who requires medical or other remedial treatment for injuries that render the member unable to perform the member's duties must be paid by the municipality the difference between the member's net salary, following adjustments for income taxes and pension contributions, and the amount received from workers' compensation until the disability has ceased, as determined by workers' compensation, or for a period not to exceed 1 year, whichever occurs first.

(2) To qualify for the partial salary payment provided for in subsection (1), the member of the law enforcement agency must be unable to perform the member's duties as a result of the injury.
Mont. Code Ann. § 7-13-4502 — MT Code / Title 7 / Chapter 13 / Part 45 / Section 7-13-4502
7-13-4502 Definitions
Status: in_force

7-13-4502 . Definitions. As used in this part, unless the context indicates otherwise, the following definitions apply:

(1) "Board of directors" means the board of directors provided for in 7-13-4516 or a joint board of directors provided for in 7-13-4527 .

(2) "Commissioners" means the board of county commissioners or the governing body of a city-county consolidated government.

(3) "Department" means the department of environmental quality provided for in 2-15-3501 .

(4) "Family residential unit" means a single-family dwelling.

(5) "Fee-assessed units" means all real property with improvements, including taxable and tax-exempt property as shown on the property assessment records maintained by the county, and mobile homes and manufactured homes as defined in 15-24-201 .

(6) "Local water quality district" means an area established with definite boundaries for the purpose of protecting, preserving, and improving the quality of surface water and ground water in the district as authorized by this part.
Mont. Code Ann. § 7-13-2103 — MT Code / Title 7 / Chapter 13 / Part 21 / Section 7-13-2103
7-13-2103 Payment of damages and restoration of road
Status: in_force

7-13-2103 . Payment of damages and restoration of road. The person, association, or corporation owning or constructing a pipeline or other required infrastructure:

(1) shall compensate a county for any damages done to any road or highway in the laying, construction, or maintenance of a pipeline, broadband, or other required infrastructure; and

(2) shall promptly restore any road or highway to its former condition of usefulness, without interference with the traffic on it.
Mont. Code Ann. § 7-16-2106 — MT Code / Title 7 / Chapter 16 / Part 21 / Section 7-16-2106
7-16-2106 Limitation on use of lands
Status: in_force

7-16-2106 . Limitation on use of lands. All tracts of land acquired under 7-16-2105 shall be set aside and used exclusively for public camping and recreational purposes, and each park so established shall be given an appropriate name or number.
Mont. Code Ann. § 7-35-2149 — MT Code / Title 7 / Chapter 35 / Part 21 / Section 7-35-2149
7-35-2149 Notice to purchasers of cemetery lots of transfers to fund
Status: in_force

7-35-2149 . Notice to purchasers of cemetery lots of transfers to fund. After July 1, 1955, all public cemetery districts shall distinctly specify in all conveyances of lots therein the percentage of the price received therefor to be transferred under the provisions of 7-35-2131 through 7-35-2150 to the permanent care and improvement fund of such public cemetery district and also such further sum, if there be any, paid by the purchaser for the permanent care of the specific lot or lots thereby conveyed to be transferred as hereinbefore provided.
Mont. Code Ann. § 7-13-156 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-156
7-13-156 Covenants to utilize and maintain reserve fund
Status: in_force

7-13-156 . Covenants to utilize and maintain reserve fund. (1) In connection with the issuance of metropolitan sanitary and/or storm sewer district bonds, the board of county commissioners may undertake and agree:

(a) to issue orders annually authorizing loans or advances from the reserve fund to the fund maintained for the payment of the bonds, in amounts sufficient to make good any deficiency in the bond and interest accounts thereof to the extent that money is available; and

(b) to provide money for the reserve fund pursuant to the provisions of 7-13-141 and 7-13-144 by establishing and collecting rates, charges, and rentals for sewer services and benefits in amounts sufficient to provide net revenues in excess of the current costs of operation and maintenance of the system, sufficient to maintain such balance in the reserve fund as the board may agree to and undertake.

(2) The undertakings and agreements authorized by subsection (1) shall be binding upon the county as long as any of said bonds so offered or any interest thereon remains unpaid.
Mont. Code Ann. § 7-12-2202 — MT Code / Title 7 / Chapter 12 / Part 22 / Section 7-12-2202
7-12-2202 Apportionment of costs of maintaining lighting system
Status: in_force

7-12-2202 . Apportionment of costs of maintaining lighting system. (1) The cost of the maintenance and operating service to a lighting rural improvement district may be apportioned among the various tracts of land within the district:

(a) in proportion to the assessed value of the lands within the district, as determined by the board of county commissioners;

(b) by assessing the cost equally against each of the lots or parcels located within the district;

(c) at the option of the board and as determined by the board, in proportion to the lineal front footage of each tract, any part of which is in the district and abuts the street or roadway along which the lighting system is to be maintained; or

(d) in proportion to the area, as determined by the board, of that portion of each tract included in the district.

(2) (a) By the later of the first Thursday after the first Tuesday in September or 30 days after receiving certified taxable values, the board shall pass and finally adopt a resolution levying and assessing upon all the property within the district an amount equal to the whole cost of maintaining the lighting system. The levy and assessment must be proportioned against the tracts of land in the district as provided in this part.

(b) The resolution levying assessments to defray the cost of maintenance must be prepared and certified to in the same manner as a resolution levying assessments for making, constructing, and installing improvements in the district.
Mont. Code Ann. § 7-33-2205 — MT Code / Title 7 / Chapter 33 / Part 22 / Section 7-33-2205
7-33-2205 Establishment of fire season -- permit requirements -- reimbursement of costs
Status: in_force

7-33-2205 . Establishment of fire season -- permit requirements -- reimbursement of costs. (1) (a) Subject to the provisions of Title 76, chapter 13, part 1, the county governing body may in its discretion establish controlled burning seasons annually, during which, subject to 76-13-121 , a person may not ignite or set a fire, including a slash-burning fire, land-clearing fire, debris-burning fire, or open fire within the county protection area on any residential or commercial property, forest, range, or croplands subject to the provisions of this part without having obtained an official written permit or permission to ignite or set a fire from the recognized protection agency for that protection area.

(b) If a person, entity, or representative of a person or entity has entered into a fire hazard reduction agreement pursuant to Title 76, chapter 13, part 4, and is complying with that agreement, open burning may be conducted, subject to 76-13-121 , between October 1 and April 30 without obtaining a written permit or permission to set a fire. The person, entity, or representative of a person or entity shall:

(i) obtain air quality and ventilation forecasts before igniting or setting the fire; and

(ii) notify the county of the location of the burn area.

(2) A permit or permission is not needed for recreational fires measuring less than 48 inches in diameter that are surrounded by a nonflammable structure and for which a suitable source of extinguishing the fire is available.

(3) A person who purposely ignites a fire in violation of this section shall reimburse the county governing body or recognized protection agency for costs incurred for any fire suppression activities resulting from the illegal fire, as provided in 50-63-103 .
Mont. Code Ann. § 7-4-2307 — MT Code / Title 7 / Chapter 4 / Part 23 / Section 7-4-2307
7-4-2307 Notice of hearing
Status: in_force

7-4-2307 . Notice of hearing. The county clerk or clerks shall cause notice of the hearing required by 7-4-2306 to be published as provided in 7-1-2121 .
Mont. Code Ann. § 7-7-4261 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4261
7-7-4261 Maintenance of accounts for bond issues
Status: in_force

7-7-4261 . Maintenance of accounts for bond issues. (1) The city treasurer or town clerk shall keep in the treasurer's or clerk's books a special and separate sinking fund account for each issue or series of outstanding bonds, including citizen bonds as provided in 7-7-4211 through 7-7-4214 , issued by the city or town. Each fund must at all times show the exact condition of the fund.

(2) All taxes collected for interest and principal on city or town bonds must be placed to the credit of the sinking fund for which the taxes were levied.

(3) The sinking fund must be administered as provided in 7-7-123 , 7-7-124 , and 7-7-4270 .
Mont. Code Ann. § 7-12-2109 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2109
7-12-2109 Right to protest creation or extension of district -- exception
Status: in_force

7-12-2109 . Right to protest creation or extension of district -- exception. (1) (a) Except as provided in subsections (1)(b) and (2), at any time within 30 days after the date of the first publication of the notice of the passage of the resolution of intention, any owner of property liable to be assessed for the work proposed in the resolution may make written protest against the proposed work or against the creation or extension of the district to be assessed, or both. The protest must be in writing, identify the property in the district owned by the protestor, and except as provided in 7-12-2141 , be signed by all owners of the property. The protest must be delivered to the county clerk, who shall endorse on the protest document the date of its receipt by the county clerk.

(b) If the period described in subsection (1)(a) includes a holiday as enumerated in 1-1-216 , other than a Sunday, the period must be extended for an additional 2 days.

(2) The provisions of subsection (1)(a) do not apply if a resolution of intention to create the district is a result of a petition submitted as provided in 7-12-2102 (2)(a).

(3) (a) For purposes of this section, "owner" means, as of the date a protest is filed, the record owner of fee simple title to the property.

(b) The term does not include a tenant of or other holder of a leasehold interest in the property.
Mont. Code Ann. § 7-2-4402 — MT Code / Title 7 / Chapter 2 / Part 44 / Section 7-2-4402
7-2-4402 Annexation of contiguous government land
Status: in_force

7-2-4402 . Annexation of contiguous government land. Whenever any land contiguous to a municipality is owned by the United States or by the state of Montana or by any agency, instrumentality, or political subdivision of either or whenever any of the foregoing have a beneficial interest in any land contiguous to a municipality, such land may be incorporated and included in the municipality to which it is contiguous and may be annexed thereto and made a part thereof in the manner provided in this part.
Mont. Code Ann. § 7-3-1224 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1224
7-3-1224 Emergency measures
Status: in_force

7-3-1224 . Emergency measures. An emergency measure is an ordinance or resolution to provide for the immediate preservation of the public peace, health, or safety, in which the emergency claimed is set forth and defined in a preamble thereto. The affirmative vote of at least two-thirds of the members of the commission shall be required to pass an emergency ordinance or resolution.
Mont. Code Ann. § 7-3-4326 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4326
7-3-4326 Emergency measures
Status: repealed

7-3-4326 . Emergency measures. (1) An emergency measure is an ordinance or resolution for the immediate preservation of the public peace, property, health, or safety or providing for the usual daily operation of a municipal department, in which the emergency is set forth and defined in a preamble thereto. Ordinances or resolutions appropriating money or ordering any street improvement or sewer, unless it is endangering the health or safety of the inhabitants, or granting any franchise or extension of franchise or other special privilege or regulating the rate to be charged for its services by any public utility or right to occupy or use the streets, highways, bridges, or other public places shall never be passed as emergency measures.

(2) Ordinances passed as emergency measures shall be subject to a referendum in like manner as other ordinances, except that they shall go into effect at the time indicated in such ordinances. If, when submitted to a vote of the electors, an emergency measure is not approved by a majority of those voting thereon, it shall be considered repealed as regards any further action thereunder; but such measure so repealed shall be deemed sufficient authority for payment, in accordance with the ordinance, of any expense incurred previous to the referendum vote thereon.
Mont. Code Ann. § 7-4-2518 — MT Code / Title 7 / Chapter 4 / Part 25 / Section 7-4-2518
7-4-2518 Statement of fees to be posted
Status: in_force

7-4-2518 . Statement of fees to be posted. (1) It is the duty of each officer entitled to collect fees to keep posted in the office a plain and legible statement of the fees allowed by law.

(2) A failure to do so subjects the officer to a fine of $100 and costs, to be recovered by the county attorney in the name of the state.
Mont. Code Ann. § 7-5-2307 — MT Code / Title 7 / Chapter 5 / Part 23 / Section 7-5-2307
7-5-2307 Treatment of rental-purchase contracts
Status: in_force

7-5-2307 . Treatment of rental-purchase contracts. Every contract entered into for the rental of machinery, equipment, apparatus, appliances, materials, or supplies of any kind which shall provide for payment of rental by the county and that, after a certain fixed amount has been paid as rental, the property shall become the property of the county or any other similar provisions or conditions shall be deemed and construed to be a contract for sale of such property, and all of the provisions of this part shall apply thereto and govern and control the same.
Mont. Code Ann. § 7-2-2104 — MT Code / Title 7 / Chapter 2 / Part 21 / Section 7-2-2104
7-2-2104 Transfer of certain records upon alteration of boundary of county
Status: in_force

7-2-2104 . Transfer of certain records upon alteration of boundary of county. (1) In the event territory is taken from one county and added to another county, such plats and records covering such territory taken shall be transferred to the enlarged county.

(2) If any portion of the cost of preparing such records, maps, plats, or charts remains unpaid, said enlarged county shall pay its proportionate share of such cost as may be determined by the board of commissioners of the old county.
Mont. Code Ann. § 7-12-4404 — MT Code / Title 7 / Chapter 12 / Part 44 / Section 7-12-4404
7-12-4404 Manner of providing maintenance
Status: in_force

7-12-4404 . Manner of providing maintenance. The maintenance in districts so established may be done by contract or by forces employed by the city or town or by both, in such manner as the council may elect.
Mont. Code Ann. § 7-32-2255 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2255
7-32-2255 Inmate phone calls to attorney
Status: in_force

7-32-2255 . Inmate phone calls to attorney. As needed and subject to policies adopted by the local government that operates or contracts for the lease or operation of a detention center, the detention center administrator shall allow an inmate to speak on the telephone with the inmate's attorney without charge.
Mont. Code Ann. § 7-6-1544 — MT Code / Title 7 / Chapter 6 / Part 15 / Section 7-6-1544
7-6-1544 Resort area district board election
Status: in_force

7-6-1544 . Resort area district board election. (1) The first election of the board of directors and each succeeding election must be held in accordance with Title 13, chapter 1, part 5.

(2) A declaration of candidacy for the board of directors may be filed with the election administrator of the county conducting the election for the resort area district. A declaration of candidacy must be filed within the time period specified in 13-1-502 .

(3) (a) If the number of candidates filing a petition is insufficient to complete board membership, the existing board shall appoint as many members as are needed to complete the five-member board.

(b) An appointee to the board of directors must be elected by a majority of those voting at an election conducted on the date established pursuant to 13-1-504 (1)(b) during the next year following the appointment. If an appointee does not receive a majority of votes cast in the election, the appointee's term expires, and the board of directors shall initiate the process described in this subsection (3).
Mont. Code Ann. § 7-13-2273 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2273
7-13-2273 Compensation of members of board -- approval by voters of district -- public notice
Status: in_force

7-13-2273 . Compensation of members of board -- approval by voters of district -- public notice. (1) Each of the members of the board of directors may receive a monthly salary.

(2) Except as provided in subsection (3), a salary may not exceed the following amounts:

(a) $60 in districts with a population of no more than 500 persons;

(b) $80 in districts with a population that exceeds 500 but is no more than 5,000 persons; and

(c) $100 in districts with a population of more than 5,000 persons.

(3) A salary may exceed the amounts provided under subsection (2) if the salary is in an amount proposed by the president of the board and approved by one of the following methods:

(a) an affirmative vote of the majority of the votes cast by the qualified electors of the district; or

(b) an affirmative vote of the majority of the qualified electors of the district who are present and voting at an annual organizational meeting of the district.

(4) A newly elected member of the board of directors must receive the monthly salary, if any, established for the board member position at the time that the member was elected.

(5) If an election is held pursuant to subsection (3)(a), notice must be as provided in 13-1-108 and must include the following:

(a) the date on which the election will be held;

(b) the manner in which the election will be held;

(c) the amount of the proposed monthly salary for the members of the board of directors; and

(d) any other information regarding the election that may be necessary.
Mont. Code Ann. § 7-22-2154 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2154
7-22-2154 Public purchase or receipt of property -- weed management plan
Status: in_force

7-22-2154 . Public purchase or receipt of property -- weed management plan. (1) Except as provided in subsection (4), prior to the purchase of real property with public funds or the receipt of real property by a nonfederal public entity, the purchaser or grantee shall have the property inspected by the county weed management district. The county weed management district's report regarding the property must be filed with the purchaser or grantee. The costs associated with the inspection must be borne by the seller or grantor.

(2) If the report indicates that there are noxious weeds present on the property, the purchaser, seller, grantee, or grantor shall develop a noxious weed management agreement to ensure compliance with the district noxious weed management program. However, unless the parties agree otherwise, a seller or grantor is obligated by a noxious weed agreement only until the property sale or transfer is completed. Except as provided in subsection (4), the weed management agreement must be incorporated into the purchase agreement.

(3) The provisions of this section do not apply to:

(a) the state acquisition or disposition of a public right-of-way pursuant to Title 60, chapter 4; or

(b) lands sold or purchased through land banking pursuant to 77-2-361 through 77-2-367 .

(4) If a transfer of property will occur during the winter months when the ability to identify noxious weeds is significantly reduced by snow cover, the purchaser, seller, grantee, or grantor may request a 6-month extension for completion of the inspection and any noxious weed management agreement that may be required. If, upon inspection, it is determined that a noxious weed management agreement is necessary, unless otherwise agreed by the parties, the purchaser or grantee is responsible for implementing the provisions of that agreement.
Mont. Code Ann. § 7-6-4453 — MT Code / Title 7 / Chapter 6 / Part 44 / Section 7-6-4453
7-6-4453 Certain special mill levies also available
Status: in_force

7-6-4453 . Certain special mill levies also available. (1) The all-purpose mill levy does not include the levies imposed for bonded indebtedness, to pay judgments or tax protest refunds, or for special improvement district revolving funds of municipalities. Subject to 15-10-420 , additional levies may be made in addition to the all-purpose mill levy, as provided in subsection (2). Sections 7-6-4451 , 7-6-4454 , 7-6-4455 , and this section may not be construed as repealing those statutes providing for multiple separate levies.

(2) Extraordinary levies otherwise authorized to pay for bonded indebtedness, judgments, tax protest refunds, or special improvement district revolving funds may be made by municipalities in addition to the all-purpose mill levy provided for in 7-6-4451 , 7-6-4454 , 7-6-4455 , and this section.
Mont. Code Ann. § 7-7-4201 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4201
7-7-4201 Limitation on amount of bonded indebtedness
Status: in_force

7-7-4201 . Limitation on amount of bonded indebtedness. (1) Except as provided in 7-7-4202 , a city or town may not issue bonds or incur other indebtedness for any purpose in an amount that with all outstanding and unpaid indebtedness exceeds 2.5% of the total assessed value of taxable property, determined as provided in 15-8-111 , within the city or town, as ascertained by the last assessment for state and county taxes.

(2) The issuing of bonds for the purpose of funding or refunding outstanding warrants or bonds is not the incurring of a new or additional indebtedness but is merely the changing of the evidence of outstanding indebtedness.

(3) The limitation in subsection (1) does not apply to bonds issued for the repayment of tax protests lost by the city or town.
Mont. Code Ann. § 7-16-4104 — MT Code / Title 7 / Chapter 16 / Part 41 / Section 7-16-4104
7-16-4104 Authorization for municipal indebtedness for various cultural, social, and recreational purposes
Status: in_force

7-16-4104 . Authorization for municipal indebtedness for various cultural, social, and recreational purposes. (1) A city or town council or commission may contract an indebtedness on behalf of the city or town, upon the credit of the city or town, by borrowing money or issuing bonds:

(a) for the purpose of purchasing and improving lands for public parks and grounds;

(b) for procuring by purchase, construction, or otherwise a swimming pool facility, athletic field, skating rink, playground, museum, golf course, site and building for a civic center, youth center, or any combination of these facilities; and

(c) for furnishing, equipping, repairing, or rehabilitating a swimming pool facility, athletic field, skating rink, playground, museum, golf course, civic center, or youth center.

(2) (a) The total amount of indebtedness authorized to be contracted in any form, including the existing indebtedness, may not at any time exceed 0.9% of the total assessed value of taxable property, determined as provided in 15-8-111 , within the city or town, as ascertained by the last assessment for state and county taxes prior to the incurring of the indebtedness.

(b) Money may not be borrowed for any purpose on bonds issued for the purchase of lands and improving the land until the proposition has been submitted to the vote of the qualified electors of the city or town and a majority vote is cast in favor of the proposition.
Mont. Code Ann. § 7-34-2202 — MT Code / Title 7 / Chapter 34 / Part 22 / Section 7-34-2202
7-34-2202 Health care facilities commission
Status: in_force

7-34-2202 . Health care facilities commission. The board of county commissioners may create a commission for the management of health care facilities, as provided in 7-8-2103 .
Mont. Code Ann. § 7-12-1133 — MT Code / Title 7 / Chapter 12 / Part 11 / Section 7-12-1133
7-12-1133 Assessment of costs -- area, lot, taxable valuation, square footage, and flat-fee options -- provisions for property classifications
Status: in_force

7-12-1133 . Assessment of costs -- area, lot, taxable valuation, square footage, and flat-fee options -- provisions for property classifications. (1) At the same time that the board submits the annual budget and work plan to the governing body as provided in 7-12-1132 , the board shall also recommend to the governing body a method of levying an assessment on the property within the district that will best ensure that the assessment on each lot or parcel is equitable in proportion to the benefits to be received.

(2) The governing body shall annually assess the entire cost of the district against the entire district using a method that best ensures that the assessment on each lot or parcel is equitable in proportion to the benefits to be received. In determining the method of assessment to be used, the governing body shall consider the recommendations of the board. The governing board shall levy the assessment using one of the following methods:

(a) each lot or parcel of land within the district may be assessed for that part of the whole cost that its area bears to the area of the entire district, exclusive of streets, avenues, alleys, and public places;

(b) if the governing body determines that the benefits derived by each lot or parcel are substantially equivalent, the cost may be assessed equally to each lot or parcel located within the district without regard to the area of the lot or parcel;

(c) if the governing body determines that benefits derived by each lot or parcel are proportional, the governing body may use standard criteria, such as individual occupancy or daily use, and make the assessment on a flat-fee basis based on the criteria;

(d) each lot or parcel of land, including the improvements on the lot or parcel, may be assessed for that part of the whole cost of the district that its taxable valuation bears to the total taxable valuation of the property of the district;

(e) each building may be assessed for that part of the whole cost of the district that the occupied or income-producing area of the building above the first floor bears to the area of the entire district;

(f) if the governing body determines that benefits derived by each lot or parcel are disproportional, the governing body may use classification criteria, such as location within the district, economic impact, or any other measurable criteria, in conjunction with methods of assessing fees outlined in this subsection (2). Each classification must have its own rate. There may not be more than six classifications upon which a charge is imposed.

(g) by using any combination of the assessment options provided in subsections (2)(a) through (2)(f).

(3) If a district is expanded, the land within the expanded area or property with a similar purpose in the district must be assessed as provided for in subsection (2) for the duration of the district.
Mont. Code Ann. § 7-4-4302 — MT Code / Title 7 / Chapter 4 / Part 43 / Section 7-4-4302
7-4-4302 Term of office
Status: in_force

7-4-4302 . Term of office. The mayor shall hold office for a term of 4 years and until the qualification of a successor.
Mont. Code Ann. § 7-15-4439 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4439
7-15-4439 Conduct of business
Status: in_force

7-15-4439 . Conduct of business. (1) A simple majority of commissioners constitutes a quorum.

(2) When the office of the first presiding officer of the authority becomes vacant, the authority shall select a presiding officer from among its members. An authority shall select from among its members a vice presiding officer.

(3) An authority may:

(a) employ a secretary who is the executive director, technical experts, and other officers, agents, and employees, permanent and temporary, that it may require and shall determine their qualifications, duties, and compensation;

(b) call upon the corporation counsel or chief law officer of the city for legal services that it may require or employ its own counsel and legal staff;

(c) delegate to one or more of its agents or employees powers or duties that it may consider proper.
Mont. Code Ann. § 7-3-4265 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4265
7-3-4265 Violations of civil service provisions
Status: in_force

7-3-4265 . Violations of civil service provisions. (1) The council of such city shall have power to pass ordinances imposing suitable penalties for the punishment of persons violating any of the provisions of this part relating to the civil service commission.

(2) It shall be unlawful for any candidate for office in any such city, directly or indirectly, to give or promise any person or persons any office, position, employment, benefit, or anything of value for the purpose of influencing or obtaining the political support, aid, or vote of any person or persons.

(3) Any violation of the provisions of 7-3-4257 through 7-3-4262 , 7-3-4264 , or this section shall be a misdemeanor and give grounds for removal from office.
Mont. Code Ann. § 7-33-4133 — MT Code / Title 7 / Chapter 33 / Part 41 / Section 7-33-4133
7-33-4133 Payment of partial salary to firefighter injured in performance of duty
Status: in_force

7-33-4133 . Payment of partial salary to firefighter injured in performance of duty. (1) A member of a fire department of a first-class or second-class municipality who is injured in the performance of duty must be paid by the municipality the difference between the member's net salary, following adjustments for income taxes and pension contributions, and the amount received from workers' compensation until the disability has ceased, as determined by workers' compensation, or for a period not to exceed 1 year, whichever occurs first.

(2) To qualify for the partial salary payment provided for in subsection (1), the firefighter must require medical or other remedial treatment and must be incapable of performing the firefighter's duties as a result of the injury.
Mont. Code Ann. § 7-13-2343 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2343
7-13-2343 Exclusion of land from district -- initiated by petition
Status: in_force

7-13-2343 . Exclusion of land from district -- initiated by petition. Any territory included within any district formed under the provisions of this part and part 22 and not benefited in any manner by such district or its continued inclusion therein may be excluded therefrom by order of the board of directors of such district upon the verified petition of the owner or owners in fee of lands whose assessed value, with improvements, is in excess of one-half of the assessed value of all the lands, with improvements, held in private ownership in such territory.
Mont. Code Ann. § 7-14-4721 — MT Code / Title 7 / Chapter 14 / Part 47 / Section 7-14-4721
7-14-4721 Assessments converted to bond liability
Status: in_force

7-14-4721 . Assessments converted to bond liability. (1) The treasurer, at the time the treasurer certifies the list of unpaid assessments to the clerk and recorder, shall write the word "certified" on the record of the assessment opposite each assessment included in the list, and all assessments of $25 or more cease to be payable in cash and are payable only in equal annual installments on December 1 in each year in which the bonds become due. The governing body may provide a plan for collection of the annual installment in partial payments prior to the time the installment is due, and the lien of each assessment on the property assessed remains in full force and effect for 2 years after the last installment on the assessment becomes due or until the assessment is fully paid.

(2) The number of installments in which the assessment is payable must correspond to the number of years in which there are bonds to be paid, but the total number of installments may not exceed 25.
Mont. Code Ann. § 7-11-227 — MT Code / Title 7 / Chapter 11 / Part 2 / Section 7-11-227
7-11-227 Furnishing of information to commission
Status: in_force

7-11-227 . Furnishing of information to commission. Upon request of the presiding officer of the commission, all state agencies, all counties and other units of local government, and the officers and employees of those entities shall furnish the commission with information that may be necessary for carrying out its functions and that may be available to or procurable by the agencies or units of government.
Mont. Code Ann. § 7-5-2105 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2105
7-5-2105 Authority to contract for printing and supplies
Status: in_force

7-5-2105 . Authority to contract for printing and supplies. The board of county commissioners has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to contract for the county printing and to provide books and stationery for county officers.
Mont. Code Ann. § 7-32-2102 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2102
7-32-2102 Undersheriff to be appointed -- return to other duties
Status: in_force

7-32-2102 . Undersheriff to be appointed -- return to other duties. (1) The sheriff, as soon as possible after taking office, shall, except in counties with a population of less than 750, appoint an undersheriff to serve at the pleasure of the sheriff. The undersheriff has the same powers and duties as a deputy sheriff.

(2) A deputy sheriff appointed undersheriff as provided in subsection (1) shall resume other duties within the sheriff's office, while maintaining tenure and seniority, if the sheriff appoints another to succeed the deputy sheriff as undersheriff. Upon the return to the position of deputy sheriff, the person must be paid the same salary the person would have received had the person not taken the undersheriff position.
Mont. Code Ann. § 7-2-4761 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4761
7-2-4761 When land conclusively presumed to be annexed
Status: in_force

7-2-4761 . When land conclusively presumed to be annexed. A tract or parcel of land that has been shown on municipal maps or plats as being within municipal boundaries but is later found to have been improperly or unofficially annexed is conclusively presumed to be annexed and may be so recorded if municipal taxes have been paid on the tract or parcel without protest for a period of 7 years.
Mont. Code Ann. § 7-13-151 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-151
7-13-151 Authorization for reserve fund
Status: in_force

7-13-151 . Authorization for reserve fund. The board of county commissioners may, in order to secure prompt payment of any metropolitan sanitary and/or storm sewer district bonds issued in payment of the cost of improvements in and for the district and the interest thereon as it becomes due, create, establish, and maintain by resolution a fund, to be designated as the "reserve fund", for each issue of such bonds.
Mont. Code Ann. § 7-15-4212 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4212
7-15-4212 Preparation of urban renewal plan
Status: in_force

7-15-4212 . Preparation of urban renewal plan. The municipality may itself prepare or cause to be prepared an urban renewal plan, or any person or agency, public or private, may submit such a plan to the municipality.
Mont. Code Ann. § 7-15-4286 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4286
7-15-4286 Procedure to determine and disburse tax increment -- remittance of excess portion of tax increment for targeted economic development district
Status: in_force

7-15-4286 . Procedure to determine and disburse tax increment -- remittance of excess portion of tax increment for targeted economic development district. (1) (a) Except as provided in subsection (1)(b), mill rates of taxing bodies for taxes levied after the effective date of the tax increment provision must be calculated on the basis of the sum of the taxable value, as shown by the last equalized assessment roll, of all taxable property located outside the urban renewal area or targeted economic development district and the base taxable value of all taxable property located within the area or district. The mill rate determined must be levied against the sum of the actual taxable value of all taxable property located within as well as outside the area or district.

(b) If a mill levy is excluded from the tax increment calculation pursuant to subsections (2)(b) through (2)(d), the calculation pursuant to subsection (1)(a) must use the total taxable value of all property located within the area or district.

(2) (a) Except as provided in 15-6-162 and subsections (2)(b) through (2)(d) and (3) of this section, the tax increment, if any, received in each year from the levy of the combined mill rates of all the affected taxing bodies against the incremental taxable value within the area or district must be paid into a special fund held by the treasurer of the local government and used as provided in 7-15-4282 through 7-15-4294 .

(b) For targeted economic development districts and urban renewal areas created before April 6, 2017, the combined mill rates used to calculate the tax increment may not include the mill rates for the university system mills levied pursuant to 15-10-109 and 20-25-439 .

(c) For targeted economic development districts created on or after April 6, 2017, and before July 1, 2022, and urban renewal areas created on or after April 6, 2017, the combined mill rates used to calculate the tax increment may not include mill rates for:

(i) the university system mills levied pursuant to 15-10-109 and 20-25-439 ; and

(ii) a new mill levy approved by voters as provided in 15-10-425 after the adoption of a tax increment provision.

(d) For targeted economic development districts created after June 30, 2022, the combined mill rates used to calculate the tax increment may not include mill rates for:

(i) the university system mills levied pursuant to 15-10-109 and 20-25-439 ;

(ii) one-half of the elementary, high school, and state equalization mills levied pursuant to 20-9-331 , 20-9-333 , and 20-9-360 ;

(iii) a new mill levy approved by voters as provided in 15-10-425 after the adoption of a tax increment provision; and

(iv) any portion of an existing mill levy designated by the local government as excluded from the tax increment.

(3) (a) Subject to 7-15-4287 and subsection (3)(b) of this section, a targeted economic development district with a tax increment provision adopted after October 1, 2019, may expend or accumulate tax increment for:

(i) the payment of the costs listed in 7-15-4288 ;

(ii) the cost of issuing bonds; or

(iii) any pledge to the payment of the principal of any premium, if any, and interest on the bonds issued pursuant to 7-15-4289 and sufficient to fund any reserve fund in respect of the bonds in an amount not to exceed 125% of the maximum principal and interest on the bonds in any year during the term of the bonds.

(b) Any excess tax increment remaining after the use or accumulation of funds as set forth in subsection (3)(a) must be:

(i) remitted to each taxing jurisdiction for which the mill rates are included in the calculation of the tax increment as provided in subsections (1) and (2); and

(ii) proportional to the taxing jurisdiction's share of the total mills levied.

(c) A targeted economic development district is not subject to the provisions of this subsection (3) if bonds have not been issued to finance the project.

(4) Any portion of the excess tax increment remitted to a school district pursuant to subsection (3) is subject to the provisions of 7-15-4291 (2) through (5).

(5) The balance of the taxes collected in each year must be paid to each of the taxing bodies as otherwise provided by law.
Mont. Code Ann. § 7-14-1638 — MT Code / Title 7 / Chapter 14 / Part 16 / Section 7-14-1638
7-14-1638 Tax exemption
Status: in_force

7-14-1638 . Tax exemption. Property in this state acquired by an authority for railroad purposes pursuant to the provisions of this part and income derived by the authority from the ownership, operation, or control of property are exempt from taxation to the same extent as other property used for public purposes.
Mont. Code Ann. § 7-6-205 — MT Code / Title 7 / Chapter 6 / Part 2 / Section 7-6-205
7-6-205 Demand deposits
Status: in_force

7-6-205 . Demand deposits. Demand deposits may be placed only in banks.
Mont. Code Ann. § 7-15-4234 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4234
7-15-4234 Urban renewal agency to be administered by appointed board of commissioners
Status: in_force

7-15-4234 . Urban renewal agency to be administered by appointed board of commissioners. (1) If the urban renewal agency is authorized to transact business and exercise powers under this part, the mayor, by and with the advice and consent of the local governing body, shall appoint a board of commissioners of the urban renewal agency consisting of no fewer than five commissioners, including one representative from the county or consolidated city-county government and one representative from a school district with boundaries that overlap with the urban renewal area.

(2) The initial membership must consist, at a minimum, of one commissioner appointed for 1 year, one for 2 years, one for 3 years, and two for 4 years. Each subsequent appointment must be for 4 years. A certificate of the appointment or reappointment of a commissioner must be filed with the clerk of the municipality, and the certificate is conclusive evidence of the proper appointment of the commissioner.

(3) Each commissioner shall hold office until a successor has been appointed and has qualified.

(4) A commissioner may not receive compensation for services but is entitled to the necessary expenses, including traveling expenses, incurred in the discharge of duties.

(5) Any persons may be appointed as commissioners if they reside within the municipality.

(6) A commissioner may be removed for inefficiency, neglect of duty, or misconduct in office.
Mont. Code Ann. § 7-7-4421 — MT Code / Title 7 / Chapter 7 / Part 44 / Section 7-7-4421
7-7-4421 Authority to issue revenue bonds
Status: in_force

7-7-4421 . Authority to issue revenue bonds. (1) In addition to the powers that it may now have, any municipality has power under this part to:

(a) issue its bonds to finance in whole or in part the cost of the acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of any undertaking;

(b) pledge to the punctual payment of the bonds issued under part 45 or this part and interest on the bonds an amount of the revenue of the undertaking, including improvements, betterments, or extensions thereafter constructed or acquired, or of any part of the undertaking sufficient to pay the bonds and interest as they become due, with an amount consisting of all or any part or portion of the revenue, and create and maintain reasonable reserves for the bonds.

(2) If applicable, the municipality shall specify whether the bonds are tax credit bonds as provided in 17-5-117 , recovery zone economic development bonds or recovery zone facility bonds as provided in 7-7-140 , or qualified energy conservation bonds as provided in 7-7-141 .
Mont. Code Ann. § 7-14-2137 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2137
7-14-2137 Legal actions to remove encroachments or recover costs
Status: in_force

7-14-2137 . Legal actions to remove encroachments or recover costs. (1) (a) If the encroachment is denied, the road supervisor shall commence an action in the proper court to abate the encroachment as a nuisance.

(b) If the road supervisor recovers judgment, the supervisor may have the supervisor's costs and $100 for each day the nuisance remains after notice.

(2) (a) If the encroachment is not denied and is not removed for 5 days after notice is complete, the road supervisor or county surveyor may remove it at the expense of the owner or occupant of the land or of the person owning or controlling the encroachment.

(b) The supervisor may recover the expense of removal, $100 for each day the encroachment remains after notice, and costs in an action brought for that purpose.
Mont. Code Ann. § 7-33-2125 — MT Code / Title 7 / Chapter 33 / Part 21 / Section 7-33-2125
7-33-2125 Annexation of adjacent territory not contained in a fire district
Status: in_force

7-33-2125 . Annexation of adjacent territory not contained in a fire district. (1) Subject to 7-33-4115 , adjacent territory within or outside of the limits of an incorporated second-class or third-class city or town that is not already a part of a fire district may be annexed in the following manner:

(a) A petition in writing by the owners of 40% or more of the real property within the proposed area to be annexed and owners of property representing 40% or more of the taxable value of property within the proposed area to be annexed must be presented to the board of trustees of the district for approval. If the proposed annexation is approved by the board of trustees, the petition must be presented to the board of county commissioners.

(b) At the first regular meeting of the board of county commissioners after the presentation of the petition, the commissioners shall set a date to hold a hearing on the petition. The date of the hearing may not be less than 4 weeks after the date of the presentation of the petition to the board of county commissioners. The board of county commissioners shall publish notice of the hearing as provided in 7-1-2121 or as provided in 7-1-4127 if any part of the area proposed to be annexed is within an incorporated second-class or third-class city or town.

(2) On the date set for the hearing, the board of county commissioners shall consider the petition and any objections to the annexation. The board shall approve the annexation unless a protest petition signed by at least 40% of the owners of real property in the area proposed for annexation and owners of property representing 40% or more of the taxable value of the property in the area proposed for annexation is presented at the hearing, in which case the annexation must be disapproved.

(3) The annexed territory is liable for any outstanding warrant and bonded indebtedness of the original district.

(4) (a) Subject to 7-33-4115 , territory that is within the limits of an incorporated second-class or third-class city or town may be annexed only upon the approval of the city or town governing body.

(b) A second-class or third-class city or town may withdraw from the district territory that has been annexed under this section 2 years after providing to the board of county commissioners notice of intent to withdraw.
Mont. Code Ann. § 7-11-1112 — MT Code / Title 7 / Chapter 11 / Part 11 / Section 7-11-1112
7-11-1112 Financing
Status: in_force

7-11-1112 . Financing. (1) Subject to 15-10-420 , local governments organizing a multijurisdictional service district are authorized to levy property taxes in an amount not to exceed that authorized for the district in accordance with 7-11-1007 and to appropriate funds derived from other than general tax revenue for the operation of the district. Subject to 15-10-420 , property taxes levied for a library established under this part as a multijurisdictional service must be added to taxes levied under 22-1-304 .

(2) A property tax levied for the purpose of financing the district may, for all agricultural property having an area greater than 10 acres, be levied only on the principal residential dwelling, if any, on the property.
Mont. Code Ann. § 7-22-2513 — MT Code / Title 7 / Chapter 22 / Part 25 / Section 7-22-2513
7-22-2513 Expenditures for supplies and services authorized
Status: in_force

7-22-2513 . Expenditures for supplies and services authorized. A governing body may make necessary expenditures from the county vertebrate pest management fund for equipment, materials, supplies, personal services, and other expenses. A governing body may also purchase vertebrate pest management supplies and equipment for use by cooperating governmental agencies, counties, rodent control districts, associations, corporations, or individuals in the management of vertebrate pests if the governing body charges such users the approximate cost of the supplies and equipment. Receipts from the resale of such supplies and equipment to the cooperating users must be credited to the county vertebrate pest management fund.
Mont. Code Ann. § 7-8-2519 — MT Code / Title 7 / Chapter 8 / Part 25 / Section 7-8-2519
7-8-2519 Acquisition of real property
Status: in_force

7-8-2519 . Acquisition of real property. The board may purchase, receive by donation, or retain as provided in this part any real property that the board determines to be necessary or useful for the operation and management of the county.
Mont. Code Ann. § 7-12-4241 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4241
7-12-4241 Creation of supplemental revolving fund from parking meter revenue
Status: in_force

7-12-4241 . Creation of supplemental revolving fund from parking meter revenue. Subject to the provisions of 7-12-4242 , a city or town may create, establish, and maintain a supplemental revolving fund out of the net revenues of parking meters to secure prompt payment of principal of and interest on special improvement district bonds issued under the provisions of 7-12-4241 through 7-12-4258 for improvements undertaken pursuant to this part and part 41 for the following purposes: for paving, repaving, macadamizing, remacadamizing, surfacing, resurfacing, oiling, reoiling, graveling, regraveling, piling, repiling, capping, recapping, grading, or regrading one or more streets, alleys, avenues, or other public places or ways in said city or town and/or constructing therein curbs or gutters or for the opening or widening of any street, avenue, alley, or other public way.
Mont. Code Ann. § 7-33-2101 — MT Code / Title 7 / Chapter 33 / Part 21 / Section 7-33-2101
7-33-2101 Rural fire districts authorized -- petition
Status: in_force

7-33-2101 . Rural fire districts authorized -- petition. (1) The board of county commissioners is authorized to establish fire districts in any unincorporated territory or, subject to 7-33-4115 and subsection (2) of this section, incorporated second-class or third-class city or town upon presentation of a petition in writing signed by the owners of 40% or more of the real property in the proposed district and owners of property representing 40% or more of the taxable value of property in the proposed district.

(2) (a) Subject to 7-33-4115 , second-class or third-class cities and towns may be included in the district upon approval by the city or town governing body.

(b) Subject to 7-33-4115 , a second-class or third-class city or town may withdraw from a district 2 years after providing to the board of county commissioners notice of intent to withdraw.
Mont. Code Ann. § 7-6-1539 — MT Code / Title 7 / Chapter 6 / Part 15 / Section 7-6-1539
7-6-1539 Resolution creating resort area district upon favorable vote
Status: in_force

7-6-1539 . Resolution creating resort area district upon favorable vote. (1) If a majority of the votes cast on the question of creating the resort area district are in favor of creating the resort area district, the board of county commissioners shall enter into its minutes an order, by resolution, creating the resort area district.

(2) Immediately following adoption of the resolution creating the resort area district, the board of county commissioners shall file with the secretary of state and the county clerk and recorder a copy of the resolution.