reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-124. Repealed

7-3-124. Repealed.
Sec. 262, Ch. 49, L. 2015.
History: En. Sec. 4, Ch. 675, L. 1979; amd. Sec. 9, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-125. Petition for alteration

7-3-125. Petition for alteration.
(1) A petition for the alteration of an existing form of local government may be presented to the governing body of the local government. The petition must meet the requirements of 7-3-142 through 7-3-145.
(2) The petition must be signed by at least 15% of the electors of the local government registered at the last general election. Whenever county-municipal consolidation is proposed, the petition must be signed by at least 15% of the electors residing within the municipality or municipalities proposed to be consolidated and at least 15% of the electors residing in the remainder of the county.
History: En. Sec. 5, Ch. 675, L. 1979; amd. Sec. 36, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-141. Permissible recommendations

7-3-141. Permissible recommendations.
(1) A petition proposing to alter an existing county government may:
(a) recommend amendments to the existing plan of government;
(b) recommend any form of government authorized by Title 7, chapter 3, parts 1 through 5;
(c) draft a charter;
(d) recommend municipal-county consolidation or amendments to an existing consolidation; or
(e) in cooperation with a similar petition calling for an election on county merger circulated in an adjoining county, recommend county merger.
(2) A petition proposing to alter a municipal government may:
(a) recommend amendments to the existing plan of government;
(b) recommend any form of government authorized by Title 7, chapter 3, parts 1 through 6;
(c) draft a charter; or
(d) recommend disincorporation.
History: En. Sec. 6, Ch. 675, L. 1979; amd. Sec. 21, Ch. 575, L. 1981; amd. Sec. 2, Ch. 521, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-142. Requirements for petition

7-3-142. Requirements for petition.
A petition proposing an alteration of a local government must contain:
(1) a certificate containing the plan of government of the existing form of local government;
(2) a certificate containing the plan of government of the proposed new form of government or amendments to the existing plan;
(3) a certificate containing the plan of apportionment of commissioner districts if districts are contained in the plan of government; and
(4) a comparison of the existing form of government and plan of government and proposed form of government and plan of government, including, if desired, a statement of the strengths and weaknesses of the existing and proposed forms and plans of government, information that supports the adoption of the proposed form and plan, and information that supports retention of the present form and plan.
History: En. Sec. 7, Ch. 675, L. 1979; amd. Sec. 3, Ch. 521, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-143. Special requirements if consolidation recommended

7-3-143. Special requirements if consolidation recommended.
(1) Whenever county-municipal consolidation is recommended, a petition, in addition to the material required in 7-3-142, must contain a consolidation plan which:
(a) provides for adjustment of existing bonded indebtedness and other obligations in a manner which assures a fair and equitable burden of taxation for debt service;
(b) provides for establishment of subordinate service districts;
(c) provides for the transfer or other disposition of property and other rights, claims, assets, and franchises of the local governments consolidated under its proposal;
(d) provides the official name of the consolidated local government; and
(e) (i) provides for the transfer, reorganization, abolition, adjustment of boundaries, or absorption of all existing boards, bureaus, special districts, subordinate service districts, local improvement districts, agencies, and political subdivisions of the consolidated governments, excluding school districts and nonconsolidated municipalities; or
(ii) grants the legislative body of the consolidated government the authority to transfer, reorganize, abolish, adjust boundaries (and may provide a method for adjusting boundaries), or absorb existing boards, bureaus, special districts, subordinate service districts, local improvement districts, agencies, and political subdivisions of the consolidated governments, excluding school districts and nonconsolidated municipalities, with or without referendum requirements.
(2) The consolidation plan may include other provisions that are consistent with state law.
(3) Whenever amendments to an existing consolidation plan are recommended, a petition must contain a certificate containing amendments to the consolidation plan.
History: En. Sec. 8, Ch. 675, L. 1979; amd. Sec. 26, Ch. 697, L. 1983.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-144. Special requirements if county merger recommended

7-3-144. Special requirements if county merger recommended.
(1) Whenever county merger is recommended, a petition, in addition to the material required by 7-3-142, must contain a consolidation plan which:
(a) provides for adjustment of existing bonded indebtedness and other obligations in a manner which assures a fair and equitable burden of taxation for debt service;
(b) provides for establishment of subordinate service districts;
(c) provides for the transfer or other disposition of property and other rights, claims, assets, and franchises of local governments consolidated under the alternative plan;
(d) provides the official name of the consolidated local government; and
(e) (i) provides for the transfer, reorganization, abolition, adjustment of boundaries, or absorption of existing boards, subordinate service districts, local improvement districts, agencies, and political subdivisions of the consolidated governments, excluding school districts, authorities, and incorporated municipalities; or
(ii) grants the legislative body of the consolidated government the authority to transfer, reorganize, abolish, adjust boundaries, or absorb existing boards, subordinate service districts, local improvement districts, agencies, and political subdivisions of the consolidated governments, excluding school districts, authorities, and incorporated municipalities, with or without referendum requirements.
(2) The consolidation plan may include other provisions that are consistent with state law.
History: En. Sec. 9, Ch. 675, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-145. Special requirements if municipal disincorporation recommended

7-3-145. Special requirements if municipal disincorporation recommended.
Whenever municipal disincorporation is recommended, a petition, in addition to the material required by 7-3-142, must contain:
(1) a certificate of disincorporation instead of a plan of government; and
(2) a recommended plan of disincorporation.
History: En. Sec. 10, Ch. 675, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-146. Filing of petitions

7-3-146. Filing of petitions.
(1) Two copies of a petition must be filed with the department of administration.
(2) One copy of a petition must be filed with the local government records administrator.
(3) The filings required by this section must be done within 45 days of submission of the petition.
History: En. Sec. 11, Ch. 675, L. 1979; amd. Sec. 7, Ch. 274, L. 1981; amd. Sec. 1, Ch. 287, L. 1983; amd. Sec. 26, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-147. Availability of petitions

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.
History: En. Sec. 12, Ch. 675, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-148. Publication of summary and comparison

7-3-148. Publication of summary and comparison.
(1) A summary of the recommendations contained in a petition proposing alteration of an existing form of local government must be published at least twice in a newspaper of general circulation in the local government. Whenever an election on the recommendations is to be held, publication must be made during the 2 weeks preceding the election.
(2) The summary must contain a description of the recommendations, a comparison of the existing and proposed forms of government, and a list of locations where the full proposal may be seen or obtained.
(3) The cost of publication required by this section shall be borne by the affected local government.
History: En. Sec. 13, Ch. 675, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-149. Election on alteration of form of government

7-3-149. Election on alteration of form of government.
(1) The governing body shall call an election on the question of an alteration of the form of government, a change in a plan of government, or, for an elected county official government, a change in the type of election proposed pursuant to 7-3-103(4) upon:
(a) the election administrator's verification that a petition filed pursuant to 7-3-121 through 7-3-123, 7-3-125, and 7-3-141 through 7-3-148 meets all the necessary requirements;
(b) adoption of a local government ordinance pursuant to 7-3-103(2)(b) or (4); or
(c) a recommendation by a study commission pursuant to 7-3-192.
(2) The election must be conducted in accordance with Title 13, chapter 1, part 4.
(3) The cost of the election must be paid for by the local government.
(4) (a) The affirmative vote of a simple majority of those voting on the question is required for adoption.
(b) In any election involving the question of consolidation, each question must be submitted to the electors in the county and requires an affirmative vote of a simple majority of the votes cast in the county on the question for adoption. There is no requirement for separate majorities in local governments voting on consolidation.
(c) In any election involving the question of county merger, the questions must be submitted to the electors in the counties affected and require a majority of the votes cast on the questions in each affected county for adoption.
(d) If the electors disapprove the proposed new form of local government, amendments, or consolidation plan, the local government retains its existing form.
History: En. Sec. 14, Ch. 675, L. 1979; amd. Sec. 1, Ch. 214, L. 1983; amd. Sec. 4, Ch. 250, L. 1985; amd. Sec. 8, Ch. 387, L. 1995; amd. Sec. 4, Ch. 521, L. 2007; amd. Sec. 37, Ch. 49, L. 2015; amd. Sec. 2, Ch. 242, L. 2017; amd. Sec. 3, Ch. 345, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-150. General ballot requirements

7-3-150. General ballot requirements.
(1) The question of adopting an alteration of an existing form of government proposed by petition shall be submitted to the electors in substantially the following form:
Vote for one:
☐ FOR adoption of the (self-government charter, amendment to an existing charter, or plan of government) proposed for (insert name of local government) proposed by petition of the people.
☐ FOR the existing form of government.
(2) The whole number of ballots shall be divided into two equal sets. No more than one set may be used in printing the ballot for use in any one precinct and all ballots furnished for use in one precinct shall be identical. The existing plan of government shall be printed as the first item and the proposed plan as the second item on half of the ballots and the proposed form as the first item and the existing form as the second item on the other half of the ballots. If the local government consists of only one precinct, the existing plan shall be listed first on the ballot.
History: En. Sec. 15, Ch. 675, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-151. Treatment of suboptions for proposed alternative forms

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.
History: En. Sec. 16, Ch. 675, L. 1979; amd. Sec. 22, Ch. 575, L. 1981; amd. Sec. 27, Ch. 697, L. 1983; amd. Sec. 292, Ch. 61, L. 2007; amd. Sec. 5, Ch. 521, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-152. Effect of adoption of new form of government or change in plan of government

7-3-152. Effect of adoption of new form of government or change in plan of government.
The adoption of a new form of government or a change in a plan of government does not affect the validity of any bond, debt, contract, obligation, or cause of action accrued or established under the prior form of government.
History: En. Sec. 17, Ch. 675, L. 1979; amd. Sec. 6, Ch. 521, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-153. Filing of approved plan

7-3-153. Filing of approved plan.
(1) A copy of the new form of government or change in a plan of government that is proposed by petition and that is ratified by the voters and any apportionment plan or consolidation or merger plan must be certified by the presiding officer of the governing body and filed with the department of administration, the county records administrator, and the municipal records administrator if it is a municipal plan.
(2) The approved form of government or change in a plan of government filed with the department of administration is the official plan and is a public record open to inspection by the public and judicially noticeable by all courts.
History: En. Sec. 18, Ch. 675, L. 1979; amd. Sec. 7, Ch. 274, L. 1981; amd. Sec. 1, Ch. 287, L. 1983; amd. Sec. 27, Ch. 483, L. 2001; amd. Sec. 7, Ch. 521, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-154. Judicial review

7-3-154. Judicial review.
Judicial review to determine the validity of the procedures whereby any charter or alternative plan of government is adopted may be initiated by petition in district court of 10 or more registered voters of the local government brought within 60 days after the election at which the charter or plan of government, revision, or amendment is approved. If no petition is filed within that period, compliance with all the procedures required by 7-3-121 through 7-3-123, 7-3-125, and 7-3-141 through 7-3-161 and the validity of the manner in which the charter or plan of government was approved is conclusively presumed. It is presumed that proper procedure was followed and all procedural requirements were met. The adoption of a charter or plan of government may not be considered invalid because of any procedural error or omission unless it is shown that the error or omission materially and substantially affected its adoption.
History: En. Sec. 19, Ch. 675, L. 1979; amd. Sec. 10, Ch. 2, L. 2009; amd. Sec. 38, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-155. Three-year moratorium

7-3-155. Three-year moratorium.
(1) Unless the constitution requires otherwise, an election on the question of changing the form of local government, charter, or consolidation plan may not be conducted again for 3 years.
(2) For the purposes of this section, general election dates are considered to be 1 year apart and may be used in computing the 3-year moratorium. An election on the question of changing an alternative form of a unit of local government may not be challenged as failing to conform with the moratorium provisions of this section because 3 full calendar years may not have elapsed.
History: En. Sec. 20, Ch. 675, L. 1979; amd. Sec. 1, Ch. 404, L. 1983; amd. Sec. 8, Ch. 521, L. 2007; amd. Sec. 39, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-156. Effective date of alternative form or amendment -- officers

7-3-156. Effective date of alternative form or amendment -- officers.
(1) A change in form of government or plan of government approved by the electors takes effect when the new officers take office pursuant to 7-3-161, except as otherwise provided in any charter or transition plan. A consolidation or merger plan adopted by the electors takes effect in the same manner.
(2) Provisions creating offices and establishing qualifications for office under any apportionment plan become effective immediately for the purpose of electing officials.
(3) An amendment to the plan of an existing form of government becomes effective at the beginning of the local government's fiscal year commencing after the election results are officially declared unless the plan provides for an increase in the number or type of elective officers, in which case the amendment takes effect when the new officers take office.
History: En. Sec. 21, Ch. 675, L. 1979; amd. Sec. 9, Ch. 521, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-157. General transition provisions

7-3-157. General transition provisions.
(1) The governing body shall prepare an advisory plan for orderly transition to a new form of government or plan of government proposed by petition. The transition plan may propose necessary ordinances, plans for consolidation of services and functions, and a plan for reorganizing boards, departments, and agencies.
(2) The governing body of a local government may enact and enforce ordinances to bring about an orderly transition to the new form of government or plan of government, including transfer of powers, records, documents, properties, assets, funds, liabilities, or personnel. These ordinances are to be consistent with the approved plan and necessary or convenient to place it into full effect. Whenever a question arises concerning transition that is not provided for, the governing body may provide for the transition by ordinance, rule, or resolution not inconsistent with law.
History: En. Sec. 22, Ch. 675, L. 1979; amd. Sec. 10, Ch. 521, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-158. Transition provisions affecting personnel

7-3-158. Transition provisions affecting personnel.
(1) The members of the governing body holding office on the date the new plan of government is adopted by the electors of the local government continue in office and in the performance of their duties until the governing body authorized by the plan has been elected and qualified.
(2) An officer, including a member of the governing body, elected under an existing form of government or plan of government continues to hold office under a new form of government or change to a plan of government if the new form or plan continues to have that office, whether the new officer is to be elected or appointed. A successor may be elected or appointed, as appropriate, to fill the office at the end of the term for which the holdover officer was elected.
(3) All other employees holding offices or positions under the government of the county or municipality continue in the performance of the duties of their respective offices and positions until provisions are made for the performance or discontinuance of the duties or the discontinuance of the offices or positions.
(4) A change in a form of government or a plan of government may provide that existing elected officers of an office that is abolished may continue in office until the end of the term for which they were elected or may provide that the existing elected officers be retained as local government employees until the end of the term for which they were elected, and their salaries may not be reduced.
History: En. Sec. 23, Ch. 675, L. 1979; amd. Sec. 23, Ch. 575, L. 1981; amd. Sec. 11, Ch. 521, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-159. Treatment of existing ordinances and resolutions

7-3-159. Treatment of existing ordinances and resolutions.
(1) All ordinances and resolutions in effect at the time the new form of government becomes effective continue in effect until repealed or amended in the manner provided by law.
(2) Within 2 years after ratification of a consolidation plan, the governing body of the consolidated local government shall revise, repeal, or reaffirm all rules, ordinances, and resolutions in force within the participating county and municipalities at the time of consolidation. Each rule, ordinance, or resolution in force at the time of consolidation remains in force within the former geographic jurisdiction until superseded by action of the new governing body. Ordinances and resolutions relating to public improvements to be paid for in whole or in part by special assessments may not be repealed.
History: En. Sec. 24, Ch. 675, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-160. Election of new officials -- subsequent elections of officials

7-3-160. Election of new officials -- subsequent elections of officials.
(1) Within 20 days after an election at which a new form of government or a change in a plan of government is approved by the electors, the governing body of the local government shall meet and order an election for the purpose of electing the officials required by the new form or plan of government. The first election for officials must be conducted in accordance with Title 13, chapter 1, part 4. A primary election may not be held. The officials elected shall hold office until the next election of officials.
(2) Each subsequent election of officials must involve a primary election and a general election. The primary election must be held on the date established in 13-1-107. The general election must be held on the date established in 13-1-104.
History: En. Sec. 25, Ch. 675, L. 1979; amd. Sec. 5, Ch. 250, L. 1985; amd. Sec. 1, Ch. 8, Sp. L. March 1986; amd. Sec. 12, Ch. 521, L. 2007; amd. Sec. 40, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-161. Organization of new governing body

7-3-161. Organization of new governing body.
(1) The first meeting of a new governing body for a different form of government must be held at 10 a.m., 60 days after the election of the new officers. At that time, newly elected officers shall take the oath of office prior to assuming the duties of office.
(2) If the terms of the commissioners are to be overlapping, newly elected commissioners shall draw lots to establish their respective terms of office.
History: En. Sec. 26, Ch. 675, L. 1979; amd. Sec. 13, Ch. 521, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-171. Purpose

7-3-171. Purpose.
The purpose of 7-3-171 through 7-3-193 is to provide a mechanism for local government review as required by Article XI, section 9, of the Montana constitution.
History: En. Sec. 1, Ch. 697, L. 1983.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-172. Purpose of study commission

7-3-172. Purpose of study commission.
The purpose of a study commission is to study the existing form and powers of a local government and procedures for delivery of local government services and compare them with other forms available under the laws of the state.
History: En. Sec. 2, Ch. 697, L. 1983.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-173. Establishment of study commissions

7-3-173. Establishment of study commissions.
(1) A study commission may be established by an affirmative vote of the people. An election on the question of conducting a local government review and establishing a study commission must be held if:
(a) the governing body of the local government unit calls for an election by resolution;
(b) a petition signed by at least 15% of the electors of the local government calling for an election is submitted to the governing body; or
(c) 10 years have elapsed since the electors voted on the question of conducting a local government review and establishing a study commission.
(2) The governing body shall call for an election on the question of conducting a local government review and establishing a study commission, as required by Article XI, section 9(2), of the Montana constitution, within 1 year after the 10-year period referred to in subsection (1)(c).
History: En. Sec. 3, Ch. 697, L. 1983; amd. Sec. 11, Ch. 130, L. 2005; amd. Sec. 41, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-174. Election dates and procedures

7-3-174. Election dates and procedures.
(1) An election on the question of establishing a study commission under 7-3-173 must be held in conjunction with a primary election held on the date established in 13-1-107.
(2) An election of study commission members under 7-3-176 must be held in conjunction with a general election held on the date established in 13-1-104.
(3) The elections must be counted, canvassed, and returned as provided in Title 13 for general elections.
(4) The election administrator shall report the results of an election conducted under 7-3-171 through 7-3-193 to the secretary of state within 15 days of the date the election results become official.
History: En. Sec. 4, Ch. 697, L. 1983; amd. Sec. 42, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-175. Ballot form and question

7-3-175. Ballot form and question.
The question of conducting a local government review and establishing a study commission must be submitted to the electors in substantially the following form:
Vote for one:
☐ FOR the review of the government of (insert name of local government) and the establishment and funding, not to exceed (insert dollar or mill amount), of a local government study commission consisting of (insert number of members) members to examine the government of (insert name of local government) and submit recommendations on the government.
☐ AGAINST the review of the government of (insert name of local government) and the establishment and funding, not to exceed (insert dollar or mill amount), of a local government study commission consisting of (insert number of members) members to examine the government of (insert name of local government) and submit recommendations on the government.
History: En. Sec. 5, Ch. 697, L. 1983; amd. Sec. 14, Ch. 521, L. 2007; amd. Sec. 43, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-176. Election of commission members -- appointments

7-3-176. Election of commission members -- appointments.
(1) An election to fill the positions on the local government study commission must be held in accordance with 7-3-174. A primary election may not be held.
(2) The names of study commission candidates who have filed declarations of nomination not later than the filing deadline established in 13-1-403 must be placed on the ballot. There is no filing fee. The election is nonpartisan, and candidates must be listed without party or other designation or slogan. The secretary of state shall prescribe the ballot form for study commissioners.
(3) Candidates for study commission positions must be electors of the local government for which the study commission has been established. The candidates may not be elected officials of the local government.
(4) The number of candidates, equal to the number of study commission positions to be elected, receiving the highest number of votes, which includes votes cast for candidates who have officially filed nominations and votes for write-in candidates, must be declared elected. If there is a tie vote among candidates, the governing body shall decide by lot which candidate will fill the position.
(5) If the number of candidates filing for election is equal to or less than the number of positions to be filled, the election administrator and governing body shall proceed in accordance with 13-1-403(4) and (5). If the number of study commissioners elected is not equal to the number required to be selected, the presiding officer of the governing body, with the confirmation of the governing body, shall appoint the additional study commissioners within 20 days after the election. An elected official of the local government may not be appointed.
History: En. Sec. 6, Ch. 697, L. 1983; amd. Sec. 6, Ch. 250, L. 1985; amd. Sec. 1, Ch. 435, L. 1985; amd. Sec. 9, Ch. 387, L. 1995; amd. Sec. 44, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-177. Composition of study commission

7-3-177. Composition of study commission.
(1) The number of positions, which must be an odd number of not less than three, on the study commission shall be set out in the resolution or petition calling for the election on the question of reviewing the local government or local governments and establishing a study commission. If the election is called under the provisions of 7-3-173(1)(c), the study commission shall consist of three members unless the local governing body by resolution declares that a larger number shall be elected.
(2) Every study commission shall include as an ex officio nonvoting member a member of the governing body or an elected official or employee of the local government appointed by the governing body. The ex officio member must be appointed prior to the organization of the study commission provided for in 7-3-179.
History: En. Sec. 7, Ch. 697, L. 1983; amd. Sec. 2, Ch. 435, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-178. Term of office -- vacancies -- compensation

7-3-178. Term of office -- vacancies -- compensation.
(1) The term of office of study commission members begins on the day that their election to the study commission is declared or certified under 13-15-405 or on the day of their appointment and ends on the day of the vote on the alternative plan. If the alternative plan is adopted, the term continues for 90 days after the day of the vote on the alternative plan. If the commission recommends no alternative plan, the term ends 30 days after submission of the final report in accordance with 7-3-187.
(2) A vacancy on a study commission, including an ex officio member vacancy, must be determined in the same manner as a vacancy in municipal office as provided in 7-4-4111. A vacancy on a study commission must be filled by appointment by the governing body of the local government being studied by the commission. The appointment must be made within 30 days of the date the vacancy occurs.
(3) Members of the study commission may not receive compensation other than for actual and necessary expenses incurred in their official capacity.
History: En. Secs. 8, 9, 10, Ch. 697, L. 1983; amd. Sec. 3, Ch. 435, L. 1985; amd. Sec. 15, Ch. 521, L. 2007; amd. Sec. 45, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-179. Organization of commission

7-3-179. Organization of commission.
(1) Not later than 10 days after all members of the study commission have been elected or appointed, the study commission shall meet and organize at a time set by the presiding officer of the governing body of the local government that the study commission is to examine.
(2) At the first meeting of the study commission, the study commission may elect a temporary presiding officer, who will serve until a permanent presiding officer is selected.
History: En. Sec. 11, Ch. 697, L. 1983; amd. Sec. 293, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-180. Cooperation of study commissions

7-3-180. Cooperation of study commissions.
(1) Any two or more study commissions may cooperate in the conduct of their studies. A majority vote by each of the affected study commissions is required for a cooperative study.
(2) Cooperative studies do not preclude each study commission from making a separate report and recommendation.
History: En. Sec. 12, Ch. 697, L. 1983.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-181. Conduct of business

7-3-181. Conduct of business.
(1) Meetings of the study commission must be held upon the call of the presiding officer, the vice presiding officer in the absence or inability of the presiding officer, or a majority of the members. The presiding officer shall announce the time and place of the meetings of the study commission.
(2) The study commission shall maintain a written record of its proceedings and its finances. This record is open to inspection by a person at the office of the study commission during the office hours determined by the governing body by resolution after a public hearing and only if consented to by the presiding officer.
(3) A majority of the members of the study commission constitutes a quorum for the transaction of business, but a recommendation of a study commission does not have legal effect unless adopted by a majority of the whole number of members of the study commission.
(4) The study commission may adopt rules for its own organization and procedure.
History: En. Sec. 13, Ch. 697, L. 1983; amd. Sec. 1, Ch. 216, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-182. Open meetings and public involvement

7-3-182. Open meetings and public involvement.
All meetings of the study commission are open to the public as provided in Title 2, chapter 3, part 2. The study commission shall hold public hearings and community forums and may use other suitable means to disseminate information, receive suggestions and comments, and stimulate public discussion of its purpose, progress, conclusions, and recommendations.
History: En. Sec. 14, Ch. 697, L. 1983.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-183. Commission powers

7-3-183. Commission powers.
(1) A study commission may employ and fix the compensation and duties of necessary staff. State, municipal, and county officers and employees, at the request of the study commission and with the consent of the employing agency, may be granted leave with or without pay from their agency to serve as consultants to the study commission. If leave with pay is granted, they may receive no other compensation from the study commission except mileage and per diem.
(2) A study commission may contract and cooperate with other agencies, public or private, that it considers necessary for assistance in carrying out the purposes for which the commission was established. Upon request of the presiding officer of the study commission, state agencies, counties, and other local governments and the officers and employees of those entities shall furnish or make available to the commission information that may be necessary for carrying out the commission's function.
(3) A study commission may:
(a) establish advisory boards and committees, including on them persons who are not members of the study commission;
(b) retain consultants; and
(c) do any other act consistent with and reasonably required to perform its function.
History: En. Sec. 15, Ch. 697, L. 1983; amd. Sec. 294, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-184. Financial administration

7-3-184. Financial administration.
(1) A study commission shall prepare a budget for each fiscal year that it is in existence and shall submit it to the local governing body for approval.
(2) (a) For the support of the study commission, for each fiscal year that the study commission is in existence, each local government under study shall appropriate an amount necessary to fund the study, and the local government may levy mills in excess of all other mill levies authorized by law to fund the appropriation for the support of the study commission.
(b) The local government shall provide office and meeting space and clerical assistance to the study commission. The cost of clerical assistance and other in-kind services provided by the local government may be used to partially fulfill the appropriation provision of subsection (2)(a).
(c) The local government may provide additional funds and other assistance.
(3) The study commission may apply for and accept available private, state, and federal money and may accept donations from any source.
(4) All money received by the study commission must be deposited with the local government finance administrator. The finance administrator is authorized to disburse appropriated money of the study commission on the study commission's order after approval of the budget by the governing body. Unexpended money of the study commission does not revert to the general fund of the local government at the end of the fiscal year but carries over to the study commission's appropriation for the following fiscal year. Upon termination of the study commission, unexpended money reverts to the general fund of the local government.
History: En. Sec. 16, Ch. 697, L. 1983; amd. Sec. 1, Ch. 395, L. 1991; amd. Sec. 7, Ch. 584, L. 1999; amd. Sec. 16, Ch. 521, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-185. Scope of study commission recommendations

7-3-185. Scope of study commission recommendations.
(1) (a) A study commission examining the government of a county may:
(i) recommend amendments to the existing plan of government;
(ii) recommend any plan of government authorized by Title 7, chapter 3, parts 1 through 6;
(iii) draft a charter;
(iv) recommend municipal-county consolidation or amendments to an existing consolidation;
(v) in cooperation with a study commission in an adjoining county, recommend county merger; or
(vi) submit no recommendation.
(b) In addition to one of the items in subsection (1)(a), a county study commission may recommend service consolidation or transfer in cooperation with a study commission of another county or with a study commission of one or more municipalities.
(2) (a) A study commission examining the government of a municipality may:
(i) recommend amendments to the existing plan of government;
(ii) recommend any plan of government authorized by Title 7, chapter 3, parts 1 through 6;
(iii) draft a charter;
(iv) recommend municipal-county consolidation;
(v) recommend disincorporation; or
(vi) submit no recommendation.
(b) In addition to one of the items in subsection (2)(a), a municipal study commission may recommend service consolidation or transfer in cooperation with:
(i) a county study commission;
(ii) a county study commission and one or more municipal study commissions; or
(iii) one or more municipal study commissions.
History: En. Sec. 17, Ch. 697, L. 1983; amd. Sec. 4, Ch. 435, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-186. Study commission timetable

7-3-186. Study commission timetable.
(1) Each local government study commission shall, within 90 days of its organizational meeting, establish a timetable for its deliberations and actions. The timetable must be published in a local newspaper of general circulation. The timetable may be revised, but each revision must be republished.
(2) The timetable must provide, at a minimum, the following provisions, to be accomplished chronologically in the order presented:
(a) conduct one or more public hearings for the purpose of gathering information regarding the current form, functions, and problems of local government;
(b) formulate, reproduce, and distribute a tentative report, containing the same categories of information required to be included in the final report;
(c) conduct one or more public hearings on the tentative report; and
(d) adopt the final report of the commission and set the date for an election on the question of adopting a new plan of government pursuant to 7-3-192 or, if the study commission is not recommending any changes, publish and distribute the final report as provided in 7-3-187 within 60 days after the final report is adopted.
History: En. Sec. 18, Ch. 697, L. 1983; amd. Sec. 10, Ch. 387, L. 1995; amd. Sec. 46, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-187. Final report

7-3-187. Final report.
(1) A study commission shall adopt a final report. If the study commission recommends an alteration of a local government, the final report must contain the following materials and documents, each signed by a majority of the study commission members:
(a) those materials and documents required of a petition proposing an alteration of a local government in 7-3-142;
(b) a certificate establishing the date of the election pursuant to 7-3-192 at which the alternative form of government or change in a plan of government is presented to the electors and a certificate establishing the form of the ballot question or questions; and
(c) a certificate establishing the dates of the first primary and general elections for officers of a new government if the proposal is approved and establishing the effective date of the proposal if approved.
(2) The final report must contain any minority report signed by members of the commission who do not support the majority proposal.
(3) If the study commission is not recommending any changes, its final report must indicate that changes are not recommended.
(4) The study commission shall file two copies of the final report with the department of administration, one of which the department shall forward to the state library. A copy of the final report must be certified by the study commission to the municipal or county records administrator within 30 days after the adoption of the final report.
(5) Sufficient copies of the final report must be prepared for public distribution. The final report must be available to the electors not later than 30 days prior to the election on the issue of adopting the alternative form or plan of government. Copies of the final report may be distributed to electors or residents of the local government or governments affected.
(6) After submission of the final report, the commission shall deposit copies of its minutes and other records with the county clerk and recorder.
History: En. Sec. 19, Ch. 697, L. 1983; amd. Sec. 5, Ch. 435, L. 1985; amd. Sec. 11, Ch. 387, L. 1995; amd. Sec. 28, Ch. 483, L. 2001; amd. Sec. 17, Ch. 521, L. 2007; amd. Sec. 47, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-188. Special final report requirements -- consolidation or county merger

7-3-188. Special final report requirements -- consolidation or county merger.
(1) Consolidation or merger may be placed on the ballot only by a joint report by cooperative study commissions.
(2) A final report, in addition to the material required in 7-3-187, must contain a consolidation plan if county-municipal consolidation or county merger is recommended. The consolidation plan must conform to the provisions and requirements relating to petitions in:
(a) 7-3-143 whenever county-municipal consolidation is recommended; or
(b) 7-3-144 whenever county merger is recommended.
History: En. Sec. 20, Ch. 697, L. 1983.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-189. Special final report requirements for disincorporation

7-3-189. Special final report requirements for disincorporation.
If a study commission proposes municipal disincorporation, the final report shall contain the following additional material and documents:
(1) a certificate of disincorporation instead of a plan of government; and
(2) a recommended plan of disincorporation.
History: En. Sec. 21, Ch. 697, L. 1983.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-190. Supplementary reports

7-3-190. Supplementary reports.
A study commission may prepare separate reports in addition to its final report. These reports may recommend consolidation of services and functions and indicate potential areas for interlocal agreements. Such reports shall be submitted to all appropriate governing bodies for reaction within 1 year.
History: En. Sec. 22, Ch. 697, L. 1983; amd. Sec. 6, Ch. 435, L. 1985.