reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 19. Committee on Indian Affairs (Repealed) › Part 1. General Provisions (Repealed) › 5-19-103. Repealed

5-19-103. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 3, Ch. 630, L. 1989.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 19. Committee on Indian Affairs (Repealed) › Part 1. General Provisions (Repealed) › 5-19-104. Repealed

5-19-104. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 4, Ch. 630, L. 1989; amd. Sec. 51, Ch. 545, L. 1995.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 19. Committee on Indian Affairs (Repealed) › Part 1. General Provisions (Repealed) › 5-19-105. Repealed

5-19-105. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 5, Ch. 630, L. 1989.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 19. Committee on Indian Affairs (Repealed) › Part 1. General Provisions (Repealed) › 5-19-106. Repealed

5-19-106. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 6, Ch. 630, L. 1989.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 19. Committee on Indian Affairs (Repealed) › Part 1. General Provisions (Repealed) › 5-19-107. Repealed

5-19-107. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 7, Ch. 630, L. 1989; amd. Sec. 52, Ch. 545, L. 1995.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 19. Committee on Indian Affairs (Repealed) › Part 1. General Provisions (Repealed) › 5-19-108. Repealed

5-19-108. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 8, Ch. 630, L. 1989; amd. Sec. 19, Ch. 112, L. 1991.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 20. Educational Committees › Part 1. Committee on Educational Accountability and Quality (Terminated) › 5-20-101. Terminated

5-20-101. Terminated.
Sec. 7, Ch. 3, Sp. L. June 1989.
History: En. Sec. 1, Ch. 3, Sp. L. June 1989.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 20. Educational Committees › Part 1. Committee on Educational Accountability and Quality (Terminated) › 5-20-102. Terminated

5-20-102. Terminated.
Sec. 7, Ch. 3, Sp. L. June 1989.
History: En. Sec. 2, Ch. 3, Sp. L. June 1989.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 20. Educational Committees › Part 1. Committee on Educational Accountability and Quality (Terminated) › 5-20-103. Terminated

5-20-103. Terminated.
Sec. 7, Ch. 3, Sp. L. June 1989.
History: En. Sec. 3, Ch. 3, Sp. L. June 1989.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 20. Educational Committees › Part 1. Committee on Educational Accountability and Quality (Terminated) › 5-20-104. Terminated

5-20-104. Terminated.
Sec. 7, Ch. 3, Sp. L. June 1989.
History: En. Sec. 4, Ch. 3, Sp. L. June 1989.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 20. Educational Committees › Part 1. Committee on Educational Accountability and Quality (Terminated) › 5-20-105. Terminated

5-20-105. Terminated.
Sec. 7, Ch. 3, Sp. L. June 1989.
History: En. Sec. 5, Ch. 3, Sp. L. June 1989.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 20. Educational Committees › Part 1. Committee on Educational Accountability and Quality (Terminated) › 5-20-106. Terminated

5-20-106. Terminated.
Sec. 7, Ch. 3, Sp. L. June 1989.
History: En. Sec. 6, Ch. 3, Sp. L. June 1989.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 20. Educational Committees › Part 2. Joint Committee on Postsecondary Education Policy and Budget (Repealed) › 5-20-201. Repealed

5-20-201. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 1, Ch. 387, L. 1993.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 20. Educational Committees › Part 2. Joint Committee on Postsecondary Education Policy and Budget (Repealed) › 5-20-202. Repealed

5-20-202. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 2, Ch. 387, L. 1993.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 20. Educational Committees › Part 2. Joint Committee on Postsecondary Education Policy and Budget (Repealed) › 5-20-203. Repealed

5-20-203. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 3, Ch. 387, L. 1993.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 20. Educational Committees › Part 2. Joint Committee on Postsecondary Education Policy and Budget (Repealed) › 5-20-204. Repealed

5-20-204. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 4, Ch. 387, L. 1993.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 20. Educational Committees › Part 2. Joint Committee on Postsecondary Education Policy and Budget (Repealed) › 5-20-205. Repealed

5-20-205. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 5, Ch. 387, L. 1993.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 20. Educational Committees › Part 2. Joint Committee on Postsecondary Education Policy and Budget (Repealed) › 5-20-206. Repealed

5-20-206. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 6, Ch. 387, L. 1993.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 20. Educational Committees › Part 2. Joint Committee on Postsecondary Education Policy and Budget (Repealed) › 5-20-207. Repealed

5-20-207. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 7, Ch. 387, L. 1993.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 20. Educational Committees › Part 2. Joint Committee on Postsecondary Education Policy and Budget (Repealed) › 5-20-208. Repealed

5-20-208. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 8, Ch. 387, L. 1993.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 21. Committee on Public Employee Retirement Systems (Repealed) › Part 1. General Provisions (Repealed) › 5-21-101. Repealed

5-21-101. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 1, Ch. 549, L. 1993.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 21. Committee on Public Employee Retirement Systems (Repealed) › Part 1. General Provisions (Repealed) › 5-21-102. Repealed

5-21-102. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 2, Ch. 549, L. 1993.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 21. Committee on Public Employee Retirement Systems (Repealed) › Part 1. General Provisions (Repealed) › 5-21-103. Repealed

5-21-103. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 3, Ch. 549, L. 1993.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 21. Committee on Public Employee Retirement Systems (Repealed) › Part 1. General Provisions (Repealed) › 5-21-104. Repealed

5-21-104. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 4, Ch. 549, L. 1993.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 21. Committee on Public Employee Retirement Systems (Repealed) › Part 1. General Provisions (Repealed) › 5-21-105. Repealed

5-21-105. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 5, Ch. 549, L. 1993; amd. Sec. 1, Ch. 552, L. 1995.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 22. Committee on Children and Families (Repealed) › Part 1. General Provisions (Repealed) › 5-22-101. Repealed

5-22-101. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 1, Ch. 414, L. 1995; amd. Sec. 28, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 22. Committee on Children and Families (Repealed) › Part 1. General Provisions (Repealed) › 5-22-102. Repealed

5-22-102. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 2, Ch. 414, L. 1995; amd. Sec. 1, Ch. 257, L. 1997.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 23. Committee on State Management Systems (Repealed) › Part 1. Composition -- Powers and Duties -- Reports (Repealed) › 5-23-101. Repealed

5-23-101. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 1, Ch. 391, L. 1997.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 23. Committee on State Management Systems (Repealed) › Part 1. Composition -- Powers and Duties -- Reports (Repealed) › 5-23-102. Repealed

5-23-102. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 2, Ch. 391, L. 1997.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 23. Committee on State Management Systems (Repealed) › Part 1. Composition -- Powers and Duties -- Reports (Repealed) › 5-23-103. Repealed

5-23-103. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 3, Ch. 391, L. 1997.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 23. Committee on State Management Systems (Repealed) › Part 1. Composition -- Powers and Duties -- Reports (Repealed) › 5-23-104. Repealed

5-23-104. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 4, Ch. 391, L. 1997.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 23. Committee on State Management Systems (Repealed) › Part 1. Composition -- Powers and Duties -- Reports (Repealed) › 5-23-105. Repealed

5-23-105. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 5, Ch. 391, L. 1997.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 23. Committee on State Management Systems (Repealed) › Part 1. Composition -- Powers and Duties -- Reports (Repealed) › 5-23-106. Repealed

5-23-106. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 6, Ch. 391, L. 1997.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 23. Committee on State Management Systems (Repealed) › Part 1. Composition -- Powers and Duties -- Reports (Repealed) › 5-23-107. Repealed

5-23-107. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 7, Ch. 391, L. 1997.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 23. Committee on State Management Systems (Repealed) › Part 1. Composition -- Powers and Duties -- Reports (Repealed) › 5-23-108. Repealed

5-23-108. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 8, Ch. 391, L. 1997.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 23. Committee on State Management Systems (Repealed) › Part 1. Composition -- Powers and Duties -- Reports (Repealed) › 5-23-109. Repealed

5-23-109. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 9, Ch. 391, L. 1997.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 1. Nature of Self-GoverningLocal Governments and Local Government Prohibitions › 7-1-101. Self-government powers

7-1-101. Self-government powers.
As provided by Article XI, section 6, of the Montana constitution, a local government unit with self-government powers may exercise any power not prohibited by the constitution, law, or charter. These powers include but are not limited to the powers granted to general power governments.
History: En. 47A-7-101 by Sec. 1, Ch. 345, L. 1975; R.C.M. 1947, 47A-7-101.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 1. Nature of Self-GoverningLocal Governments and Local Government Prohibitions › 7-1-102. Authorization for self-government services and functions

7-1-102. Authorization for self-government services and functions.
A local government with self-government powers may provide any services or perform any functions not expressly prohibited by the Montana constitution, state law, or its charter. These services and functions include but are not limited to those services and functions which general power government units are authorized to provide or perform.
History: En. 47A-7-102 by Sec. 1, Ch. 345, L. 1975; R.C.M. 1947, 47A-7-102.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 1. Nature of Self-GoverningLocal Governments and Local Government Prohibitions › 7-1-103. General power government limitations not applicable

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.
History: En. 47A-7-103 by Sec. 1, Ch. 345, L. 1975; R.C.M. 1947, 47A-7-103.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 1. Nature of Self-GoverningLocal Governments and Local Government Prohibitions › 7-1-104. Legislative power vested in legislative bodies

7-1-104. Legislative power vested in legislative bodies.
The powers of a self-government unit, unless otherwise specifically provided, are vested in the local government legislative body and may be exercised only by ordinance or resolution.
History: En. 47A-7-104 by Sec. 1, Ch. 345, L. 1975; R.C.M. 1947, 47A-7-104.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 1. Nature of Self-GoverningLocal Governments and Local Government Prohibitions › 7-1-105. State law applicable until superseded

7-1-105. State law applicable until superseded.
All state statutes shall be applicable to self-government local units until superseded by ordinance or resolution in the manner provided in chapter 5, part 1 and subject to the limitations provided in this part.
History: En. 47A-7-105 by Sec. 1, Ch. 345, L. 1975; R.C.M. 1947, 47A-7-105.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 1. Nature of Self-GoverningLocal Governments and Local Government Prohibitions › 7-1-106. Construction of self-government powers

7-1-106. Construction of self-government powers.
The powers and authority of a local government unit with self-government powers shall be liberally construed. Every reasonable doubt as to the existence of a local government power or authority shall be resolved in favor of the existence of that power or authority.
History: En. 47A-7-106 by Sec. 1, Ch. 345, L. 1975; R.C.M. 1947, 47A-7-106.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 1. Nature of Self-GoverningLocal Governments and Local Government Prohibitions › 7-1-112. Powers requiring delegation

7-1-112. Powers requiring delegation.
A local government with self-government powers is prohibited the exercise of the following powers unless the power is specifically delegated by law:
(1) the power to authorize a tax on income or the sale of goods or services, except that, subject to 15-10-420, this section may not be construed to limit the authority of a local government to levy any other tax or establish the rate of any other tax;
(2) the power to regulate private activity beyond its geographic limits;
(3) the power to impose a duty on another unit of local government, except that nothing in this limitation affects the right of a self-government unit to enter into and enforce an agreement on interlocal cooperation;
(4) the power to exercise any judicial function, except as an incident to the exercise of an independent self-government administrative power;
(5) the power to regulate any form of gambling, lotteries, or gift enterprises.
History: En. 47A-7-202 by Sec. 1, Ch. 345, L. 1975; R.C.M. 1947, 47A-7-202; amd. Sec. 3, Ch. 584, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 1. Nature of Self-GoverningLocal Governments and Local Government Prohibitions › 7-1-113. Consistency with state regulation required

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.
History: En. 47A-7-203 by Sec. 1, Ch. 345, L. 1975; R.C.M. 1947, 47A-7-203.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 1. Nature of Self-GoverningLocal Governments and Local Government Prohibitions › 7-1-114. Mandatory provisions

7-1-114. Mandatory provisions.
(1) A local government with self-government powers is subject to the following provisions:
(a) all state laws providing for the incorporation or disincorporation of cities and towns, for the annexation, disannexation, or exclusion of territory from a city or town, for the creation, abandonment, or boundary alteration of counties, and for city-county consolidation;
(b) Title 7, chapter 3, part 1;
(c) all laws establishing legislative procedures or requirements for units of local government;
(d) all laws regulating the election of local officials;
(e) all laws that require or regulate planning or zoning;
(f) any law directing or requiring a local government or any officer or employee of a local government to carry out any function or provide any service;
(g) except as provided in subsection (3), any law regulating the budget, finance, or borrowing procedures and powers of local governments;
(h) Title 70, chapters 30 and 31.
(2) These provisions are a prohibition on the self-government unit acting other than as provided.
(3) (a) Notwithstanding the provisions of subsection (1)(g) and except as provided in subsection (3)(b), self-governing local government units are not subject to the mill levy limits established by state law.
(b) The provisions of 15-10-420 apply to self-governing local government units.
History: En. 47A-7-204 by Sec. 1, Ch. 345, L. 1975; R.C.M. 1947, 47A-7-204; amd. Sec. 29, Ch. 42, L. 1997; amd. Sec. 4, Ch. 584, L. 1999; amd. Sec. 42, Ch. 278, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 1. Nature of Self-GoverningLocal Governments and Local Government Prohibitions › 7-1-115. Governmental right to sue firearms or ammunition manufacturer, trade association, or dealer in tort or for abatement or injunctive relief

7-1-115. Governmental right to sue firearms or ammunition manufacturer, trade association, or dealer in tort or for abatement or injunctive relief.
The governmental right to bring suit against a firearms or ammunition manufacturer, trade association, or dealer for abatement, injunctive relief, or tort damages resulting from or relating to the design, manufacture, marketing, or sale of firearms or ammunition sold to the public is reserved exclusively to the state and may not be exercised by a local governmental unit. The state may sue under this section on its own behalf or on behalf of a local governmental unit, or both.
History: En. Sec. 2, Ch. 581, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 1. Nature of Self-GoverningLocal Governments and Local Government Prohibitions › 7-1-116. Carbon fees, taxation, or penalties -- prohibition

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.
History: En. Sec. 1, Ch. 329, L. 2021.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 1. Nature of Self-GoverningLocal Governments and Local Government Prohibitions › 7-1-117. Energy source restrictions -- prohibition

7-1-117.  Energy source restrictions -- prohibition.
(1) Notwithstanding any other provision of law, a local government may not adopt or enforce an ordinance, resolution, or policy that prohibits or impedes, or has the effect of prohibiting or impeding, the connection or reconnection of an electric, natural gas, propane, or other energy or utility service provided by a public utility, municipal utility, cooperative utility, or other energy or fuel provider.
(2) For the purposes of this section, "local government" includes a county, a consolidated government, an incorporated city or town, or a special district.
History: En. Sec. 1, Ch. 435, L. 2023.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 1. Nature of Self-GoverningLocal Governments and Local Government Prohibitions › 7-1-120. Repealed

7-1-120. Repealed.
Sec. 10, Ch. 268, L. 2005.
History: En. Sec. 1, Ch. 471, L. 2003.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 1. Nature of Self-GoverningLocal Governments and Local Government Prohibitions › 7-1-121. Statewide uniformity for auxiliary container regulations -- local prohibitions -- definitions

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.
History: En. Sec. 1, Ch. 220, L. 2021.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 2. Boards › 7-1-202. Creation of new boards

7-1-202. Creation of new boards.
Subject to 7-1-201 and 7-1-203 and in addition to the following, a county may create administrative boards, districts, and commissions that are not otherwise provided for by law:
(1) county building commission;
(2) cemetery districts;
(3) county fair commission;
(4) mosquito control board;
(5) museum board;
(6) board of park commissioners;
(7) road district;
(8) rodent control board;
(9) solid waste district;
(10) television district;
(11) weed management district.
History: En. Sec. 2, Ch. 543, L. 1995; amd. Sec. 10, Ch. 114, L. 2003; amd. Sec. 23, Ch. 286, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 2. Boards › 7-1-203. County commissioners to assume duties of administrative boards, districts, and commissions

7-1-203. County commissioners to assume duties of administrative boards, districts, and commissions.
(1) If the minimum number of qualified persons is not available for membership on an administrative board, district, or commission, the county commissioners may by resolution, at a public meeting, assume the duties of the administrative board, district, or commission and may act as that board, district, or commission with the same powers and duties as that board, district, or commission.
(2) County commissioners, acting in the capacity of an administrative board, district, or commission may not receive any compensation in addition to their compensation as county commissioners.
History: En. Sec. 3, Ch. 543, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 2. Boards › 7-1-204. Board minutes

7-1-204. Board minutes.
An administrative board, district, or commission created under 7-1-201 through 7-1-203 shall submit the minutes of its proceedings within 30 days after the minutes have been approved by that body for electronic storage and retention in accordance with the provisions of Title 2, chapter 6, part 12. The administrative board, district, or commission shall submit the minutes for electronic storage to the county clerk and recorder of each county within the jurisdiction of the administrative board, district, or commission.
History: En. Sec. 3, Ch. 262, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 2. Boards › 7-1-205. Service on more than one special purpose district board authorized in small communities -- definitions

7-1-205. Service on more than one special purpose district board authorized in small communities -- definitions.
(1) In a small community a person may serve on more than one special purpose district board, regardless of whether the person is appointed or elected as provided by law.
(2) (a) A person seeking election to more than one special purpose district board may run for more than one position only if the person runs unopposed for all potential positions.
(b) If a position was unopposed at the time the person filed for the position and later becomes opposed during the course of an election campaign, the person running for more than one special purpose district board shall choose to run for one preferred special purpose district board and withdraw candidacy from all other special purpose district board positions.
(3) For the purposes of this section, the following definitions apply:
(a) "Small community" means an area that fully encompasses more than one special purpose district and includes fewer than 500 electors, as defined in 13-1-101.
(b) "Special purpose district" has the meaning provided in 13-1-101.
(c) "Unopposed" means the number of candidates at the time of the election for each special purpose district board position is equal to or less than the number of positions available on each respective board.
History: En. Sec. 1, Ch. 141, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 2. Boards › 7-1-206. Local district board oversight -- methods for redress

7-1-206. Local district board oversight -- methods for redress.
(1) (a) If at least 5% of the qualified electors that are served by a local government entity file a petition against the board of the local government entity for allegations that the board has not complied with statutes applicable to the governance, operation, and function of the board, including but not limited to a violation of public meeting law, the board member appointment or election process, or the actions and duties required of a board member, the petition must be filed with the governing body under whose authority the local government entity was created.
(b) The governing body under whose authority the local government entity was created shall remit petitions received under subsection (1)(a) to the county attorney. The county attorney shall evaluate the petition and shall provide a written notice of determination to the governing body, the board of the local government entity that is subject to the petition, and any petitioner who requests a copy. If the county attorney has a conflict of interest, the county attorney shall seek review by a prosecutor in another jurisdiction. If the county attorney or prosecutor who conducts a review as required in this subsection (1) determines the petition has merit, the local government entity shall participate in training provided by the local government center as provided in subsection (2).
(2) (a) The local government center shall develop a training curriculum appropriate to address the issues detailed in a petition referred by the county attorney to the local government center as provided in subsection (1)(b).
(b) The board of the local government entity shall participate in all relevant training provided by the local government center.
(3) The board of the local government entity shall remit all fees necessary for the training required in subsection (2) to the local government center.
(4) The local government center shall report to the local government interim committee, in accordance with 5-11-210, all petitions received that resulted in the development and delivery of training required under subsection (2).
(5) As used in this section, the following definitions apply:
(a) "Local government center" means the local government center provided for in 20-25-237.
(b) (i) "Local government entity" has the meaning provided in 2-7-501, except as provided in subsection (5)(b)(ii) of this section.
(ii) Local government entity does not include a county, consolidated city-county, incorporated city or town, or school district.
History: En. Sec. 1, Ch. 363, L. 2023.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 21. Counties › 7-1-2101. Nature of county

7-1-2101. Nature of county.
(1) A county is the largest political division of the state having corporate power.
(2) Every county is a body politic and corporate and as such has the power specified in this code or in special statutes and such powers as are necessarily implied from those expressed.
History: (1)En. Sec. 4100, Pol. C. 1895; re-en. Sec. 2781, Rev. C. 1907; re-en. Sec. 4293, R.C.M. 1921; Cal. Pol. C. Sec. 3901; re-en. Sec. 4293, R.C.M. 1935; Sec. 16-101, R.C.M. 1947; (2)En. Sec. 4190, Pol. C. 1895; re-en. Sec. 2870, Rev. C. 1907; re-en. Sec. 4441, R.C.M. 1921; Cal. Pol. C. Sec. 4000; re-en. Sec. 4441, R.C.M. 1935; Sec. 16-801, R.C.M. 1947; R.C.M. 1947, 16-101, 16-801.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 21. Counties › 7-1-2102. Name of county

7-1-2102. Name of county.
The name of a county designated in the law creating it is its corporate name, and it must be known and designated thereby in all actions and proceedings touching its corporate rights, property, and duties. This provision does not prevent county officers, when authorized by law, from suing in their name of office for the benefit of the county.
History: En. Sec. 4192, Pol. C. 1895; re-en. Sec. 2872, Rev. C. 1907; re-en. Sec. 4443, R.C.M. 1921; Cal. Pol. C. Sec. 4002; re-en. Sec. 4443, R.C.M. 1935; R.C.M. 1947, 16-803.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 21. Counties › 7-1-2103. County powers

7-1-2103. County powers.
A county has power to:
(1) except as provided in 7-5-103(2)(d)(iv) and 7-5-121(2)(c)(iv), sue and be sued;
(2) purchase and hold lands within its limits;
(3) make contracts and purchase and hold personal property that may be necessary to the exercise of its powers;
(4) make orders for the disposition or use of its property that the interests of its inhabitants require;
(5) subject to 15-10-420, levy and collect taxes for public or governmental purposes, as described in 7-6-2527, under its exclusive jurisdiction unless prohibited by law.
History: En. Sec. 1, p. 498, Bannack Stat.; re-en. Sec. 1, p. 433, Cod. Stat. 1871; re-en. Sec. 335, 5th Div. Rev. Stat. 1879; re-en. Sec. 744, 5th Div. Comp. Stat. 1887; amd. Sec. 4193, Pol. C. 1895; re-en. Sec. 2873, Rev. C. 1907; re-en. Sec. 4444, R.C.M. 1921; Cal. Pol. C. Sec. 4003; re-en. Sec. 4444, R.C.M. 1935; R.C.M. 1947, 16-804; amd. Sec. 5, Ch. 584, L. 1999; amd. Sec. 1, Ch. 453, L. 2005; amd. Sec. 2, Ch. 408, L. 2021.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 21. Counties › 7-1-2104. Exercise of county power

7-1-2104. Exercise of county power.
A county's powers can only be exercised by the board of county commissioners or by agents and officers acting under their authority or authority of law.
History: En. Sec. 4191, Pol. C. 1895; re-en. Sec. 2871, Rev. C. 1907; re-en. Sec. 4442, R.C.M. 1921; Cal. Pol. C. Sec. 4001; re-en. Sec. 4442, R.C.M. 1935; R.C.M. 1947, 16-802.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 21. Counties › 7-1-2105. Finding -- contract authority

7-1-2105. Finding -- contract authority.
(1) Pursuant to Article XI, section 6, of the Montana constitution, a local government unit adopting a self-government charter may exercise any power not prohibited by the constitution, law, or charter.
(2) Article XI, section 4, of the Montana constitution provides that a local government unit without self-government powers has powers provided or implied by law and that the powers of incorporated cities and towns and counties must be liberally construed.
(3) Section 7-1-2101 states that a county has the powers specified in this title or in special statutes and has powers that are necessarily implied from those expressed powers.
(4) Section 7-1-2103 states that a county has the power to make contracts that may be necessary to the exercise of its powers.
(5) Section 7-1-2104 states that a county's powers can only be exercised by the board of county commissioners or by agents and officers acting under their authority or authority of law.
(6) Therefore, the legislature finds that it is within a county's contract authority to enter into any contract necessary for the exercise of its power, including but not limited to a contract for reimbursement that may require that the county be reimbursed for the cost of basic course training if an employee leaves employment before completing a reasonable period of service.
History: En. Sec. 1, Ch. 198, L. 2005.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 21. Counties › 7-1-2111. Repealed

7-1-2111. Repealed.
Sec. 33, Ch. 128, L. 2011.
History: En. Sec. 1, Ch. 20, L. 1905; re-en. Sec. 2973, Rev. C. 1907; amd. Sec. 1, Ch. 70, L. 1915; amd. Sec. 1, Ch. 76, L. 1917; amd. Sec. 1, Ch. 24, Ex. L. 1919; re-en. Sec. 4741, R.C.M. 1921; re-en. Sec. 4741, R.C.M. 1935; R.C.M. 1947, 16-2419(part); amd. Sec. 38, Ch. 614, L. 1981; amd. Sec. 18, Ch. 695, L. 1985; amd. Sec. 1, Ch. 611, L. 1987; amd. Sec. 1, Ch. 655, L. 1987; amd. Sec. 1, Ch. 612, L. 1989; amd. Sec. 66, Ch. 11, Sp. L. June 1989; amd. Sec. 1, Ch. 161, L. 1991; amd. Sec. 10, Ch. 9, Sp. L. November 1993; amd. Sec. 21, Ch. 451, L. 1995; amd. Sec. 1, Ch. 121, L. 1997; amd. Sec. 1, Ch. 466, L. 1997; amd. Sec. 1, Ch. 496, L. 1997; amd. Sec. 21, Ch. 426, L. 1999; amd. Sec. 4, Ch. 515, L. 1999; amd. Sec. 16, Ch. 556, L. 1999; amd. Sec. 4, Ch. 7, L. 2001; amd. Sec. 3, Ch. 522, L. 2003; amd. Sec. 8, Ch. 130, L. 2005; amd. Sec. 2, Ch. 44, L. 2007; amd. Sec. 1, Ch. 57, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 21. Counties › 7-1-2112. Repealed

7-1-2112. Repealed.
Sec. 33, Ch. 128, L. 2011.
History: En. Sec. 4331, Pol. C. 1895; re-en. Sec. 3, Ch. 20, L. 1905; re-en. Sec. 2975, Rev. C. 1907; re-en. Sec. 4742, R.C.M. 1921; re-en. Sec. 4742, R.C.M. 1935; amd. Sec. 1, Ch. 43, L. 1941; amd. Sec. 1, Ch. 40, L. 1974; R.C.M. 1947, 16-2420.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 21. Counties › 7-1-2122. Mail notice

7-1-2122. Mail notice.
(1) Unless otherwise specifically provided, whenever a local government unit other than a municipality is required to give notice of a hearing or other official act by mail, the requirement may be met by:
(a) deposit of the notice, properly addressed, in the United States mail with postage paid at the first-class rate;
(b) sending the notice by certified mail rather than first class; or
(c) mailing the notice at the bulk rate instead of first class if notice is to be given by mail to all electors or residents of the affected local government unit.
(2) The notice shall contain:
(a) the date, time, and place of the hearing or other action;
(b) a brief statement of the action to be taken;
(c) the address and telephone number of the person who may be contacted for further information on the action to be taken; and
(d) any other information required by the specific section requiring mail notice.
(3) When notice by mail is required, the requirement applies only to persons whose addresses are known.
History: En. Sec. 2, Ch. 349, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 21. Counties › 7-1-2123. Posting

7-1-2123. Posting.
(1) The governing body shall specify by resolution a public location for posting information and shall order erected a suitable posting board.
(2) When posting is required, a copy of the document must be placed on the posting board, and a copy must be available at the office of the county clerk and recorder.
History: En. Sec. 4, Ch. 262, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 40. Payment of Construction Contractors and Subcontractors › 7-1-4001. Payment of contractors and subcontractors

7-1-4001. Payment of contractors and subcontractors.
Notwithstanding any other provision of this title, payment of a construction contractor or subcontractor, as those terms are defined in 28-2-2101, for services performed by a construction contractor or subcontractor is governed by the provisions of Title 28, chapter 2, part 21.
History: En. Sec. 1, Ch. 470, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4101. Nature of municipalities

7-1-4101. Nature of municipalities.
A city or town is a body politic and corporate with the general powers of a corporation and the powers specified or necessarily implied in this title or in special laws heretofore enacted.
History: En. Secs. 323, 324, 5th Div. Comp. Stat. 1887; re-en. Sec. 4700, Pol. C. 1895; re-en. Sec. 3202, Rev. C. 1907; re-en. Sec. 4955, R.C.M. 1921; Cal Pol. C. Sec. 4354; re-en. Sec. 4955, R.C.M. 1935; R.C.M. 1947, 11-101.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4102. Name of municipality

7-1-4102. Name of municipality.
Every city or town organized under this title is entitled "the city of ...." (naming it) or "the town of ...." (naming it) and by such name has perpetual succession.
History: En. Secs. 323, 324, 5th Div. Comp. Stat. 1887; en. Sec. 4703, Pol. C. 1895; re-en. Sec. 3205, Rev. C. 1907; re-en. Sec. 4958, R.C.M. 1921; re-en. Sec. 4958, R.C.M. 1935; R.C.M. 1947, 11-104(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4103. Repealed

7-1-4103. Repealed.
Sec. 30, Ch. 455, L. 1979.
History: En. Secs. 323, 324, 5th Div. Comp. Stat. 1887; en. Sec. 4703, Pol. C. 1895; re-en. Sec. 3205, Rev. C. 1907; re-en. Sec. 4958, R.C.M. 1921; re-en. Sec. 4958, R.C.M. 1935; R.C.M. 1947, 11-104(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4104. Repealed

7-1-4104. Repealed.
Sec. 30, Ch. 455, L. 1979.
History: (1)En. Secs. 323, 324, 5th Div. Comp. Stat. 1887; en. Sec. 4701, Pol. C. 1895; re-en. Sec. 3203, Rev. C. 1907; re-en. Sec. 4956, R.C.M. 1921; Cal. Pol. C. Sec. 4355; re-en. Sec. 4956, R.C.M. 1935; Sec. 11-102, R.C.M. 1947; (2)En. Secs. 323, 324, 5th Div. Comp. Stat. 1887; en. Sec. 4702, Pol. C. 1895; re-en. Sec. 3204, Rev. C. 1907; re-en. Sec. 4957, R.C.M. 1921; re-en. Sec. 4957, R.C.M. 1935; Sec. 11-103, R.C.M. 1947; R.C.M. 1947, 11-102, 11-103.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4105. Finding -- contract authority

7-1-4105. Finding -- contract authority.
(1) Pursuant to Article XI, section 6, of the Montana constitution, a local government unit adopting a self-government charter may exercise any power not prohibited by the constitution, law, or charter.
(2) Article XI, section 4, of the Montana constitution provides that a local government unit without self-government powers has powers provided or implied by law and that the powers of incorporated cities and towns and counties must be liberally construed.
(3) Section 7-1-4124 states that a municipality with general powers has the power, subject to the provisions of state law, to contract with persons and to hire, direct, and discharge employees.
(4) Therefore, the legislature finds that it is within a local government's contract authority to enter into any contract necessary for the exercise of its power, including but not limited to a contract for reimbursement that may require that the local government be reimbursed for the cost of basic course training if an employee leaves employment before completing a reasonable period of service.
History: En. Sec. 2, Ch. 198, L. 2005.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4111. Classification of municipalities

7-1-4111. Classification of municipalities.
(1) Every city having a population of 10,000 or more is a city of the first class.
(2) Every city having a population of less than 10,000 and more than 5,000 is a city of the second class.
(3) Every city having a population of less than 5,000 and more than 1,000 is a city of the third class.
(4) Every municipal corporation having a population of less than 1,000 and more than 300 is a town.
History: En. Sec. 4710, Pol. C. 1895; re-en. Sec. 3206, Rev. C. 1907; re-en. Sec. 4959, R.C.M. 1921; re-en. Sec. 4959, R.C.M. 1935; amd. Sec. 1, Ch. 202, L. 1947; amd. Sec. 1, Ch. 126, L. 1969; R.C.M. 1947, 11-201(part); amd. Sec. 1, Ch. 250, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4112. Exceptions from classification system

7-1-4112. Exceptions from classification system.
Notwithstanding the provisions of 7-1-4111:
(1) every municipal corporation having a population of more than 9,000 and less than 10,000 may, by resolution adopted by the city council pursuant to 7-1-4114 through 7-1-4118, be either a first-class city or a second-class city;
(2) every municipal corporation having a population of more than 5,000 and less than 7,500 may, by resolution adopted by the city council pursuant to 7-1-4114 through 7-1-4118, be either a second-class city or a third-class city; and
(3) every municipal corporation having a population of more than 1,000 and less than 2,500 may, by resolution adopted by the city or town council pursuant to 7-1-4114 through 7-1-4118, be either a city or town.
History: En. Sec. 4710, Pol. C. 1895; re-en. Sec. 3206, Rev. C. 1907; re-en. Sec. 4959, R.C.M. 1921; re-en. Sec. 4959, R.C.M. 1935; amd. Sec. 1, Ch. 202, L. 1947; amd. Sec. 1, Ch. 126, L. 1969; R.C.M. 1947, 11-201(part); amd. Sec. 1, Ch. 15, L. 2003.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4113. Basis of classification

7-1-4113. Basis of classification.
The census taken under the direction of the congress of the United States in 1890 and every 10 years thereafter shall be the basis upon which the respective populations of said municipal corporations shall be determined, unless a direct enumeration of the inhabitants thereof be made by the state or municipal corporation, in which case such direct enumeration constitutes such basis.
History: En. Sec. 4711, Pol. C. 1895; re-en. Sec. 3207, Rev. C. 1907; re-en. Sec. 4960, R.C.M. 1921; re-en. Sec. 4960, R.C.M. 1935; R.C.M. 1947, 11-202.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4114. Advance in classification of municipalities

7-1-4114. Advance in classification of municipalities.
Whenever it manifestly appears to a city or town council from the last federal, state, county, city, or town census that such city or town has the requisite population to entitle it to be classified as provided in 7-1-4111 and 7-1-4112, such city or town must be advanced as provided in 7-1-4115.
History: En. Sec. 4950, Pol. C. 1895; amd. Sec. 1, p. 225, L. 1897; re-en. Sec. 3447, Rev. C. 1907; re-en. Sec. 4969, R.C.M. 1921; re-en. Sec. 4969, R.C.M. 1935; R.C.M. 1947, 11-301.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4115. Procedure to advance municipal classification

7-1-4115. Procedure to advance municipal classification.
(1) If it appears by such census that the city or town contains the requisite population to be advanced, the council must thereupon by resolution declare, as the case may be, that:
(a) the town is advanced to a city of the first, second, or third class;
(b) a city of the third class is advanced to a city of the second or first class; or
(c) a city of the second class is advanced to a city of the first class.
(2) The city or town council must file a certified copy of such resolution in the office of the county clerk of the county and in the office of the secretary of state. Whereupon such town becomes a city of the first, second, or third class; a city of the third class becomes a city of the second or first class; and a city of the second class becomes a city of the first class, as the case may be, to be governed under the provisions of this code relative to cities and towns.
History: En. Sec. 4951, Pol. C. 1895; amd. Sec. 2, p. 225, L. 1897; re-en. Sec. 3448, Rev. C. 1907; re-en. Sec. 4970, R.C.M. 1921; re-en. Sec. 4970, R.C.M. 1935; R.C.M. 1947, 11-302.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4116. Officers of reclassified municipality

7-1-4116. Officers of reclassified municipality.
The first election of officers of the new municipal corporation organized under the provisions of 7-1-4114 through 7-1-4118 must be at the first municipal election after reclassification, and the old officers remain in office until the new officers are elected and qualified.
History: En. Sec. 4952, Pol. C. 1895; re-en. Sec. 3449, Rev. C. 1907; re-en. Sec. 4971, R.C.M. 1921; re-en. Sec. 4971, R.C.M. 1935; R.C.M. 1947, 11-303; amd. Sec. 2, Ch. 15, L. 2003.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4117. Status of legislative actions taken prior to reclassification

7-1-4117. Status of legislative actions taken prior to reclassification.
All ordinances, bylaws, and resolutions adopted by the old municipal corporation, as far as consistent with the provisions of this code relative to cities and towns, remain in force until repealed by the council of the new municipal corporation.
History: En. Sec. 4953, Pol. C. 1895; re-en. Sec. 3450, Rev. C. 1907; re-en. Sec. 4972, R.C.M. 1921; re-en. Sec. 4972, R.C.M. 1935; R.C.M. 1947, 11-304.