reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4118. Reduction in classification of municipalities

7-1-4118. Reduction in classification of municipalities.
(1) Whenever it appears by the census taken by the United States, the state, or otherwise that the population of a city of the first or second class has decreased so as to be insufficient in number to entitle it to be a city of that class, the council must thereupon, by resolution declare that such city be reduced to a city of the second class or town as the case may be.
(2) A certified copy of such resolution must be filed in the office of the county clerk and in the office of the secretary of state, and thereafter such city becomes a city of the second class or a town, as the case may be, to be governed under the provisions of this code relative to cities and towns.
(3) The provisions of 7-1-4116 and 7-1-4117 apply to this section.
History: En. Sec. 4954, Pol. C. 1895; re-en. Sec. 3451, Rev. C. 1907; re-en. Sec. 4973, R.C.M. 1921; re-en. Sec. 4973, R.C.M. 1935; R.C.M. 1947, 11-305.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4122. Distribution of powers

7-1-4122. Distribution of powers.
(1) A municipality has legislative, executive, and judicial powers.
(2) All legislative powers are vested in the governing body of the municipality.
(3) Executive powers are vested as provided in the form of government adopted by the municipality.
(4) The judicial powers of a municipality are vested in the municipal court.
History: En. Sec. 23, Ch. 455, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4123. Legislative powers

7-1-4123. Legislative powers.
A municipality with general powers has the legislative power, subject to the provisions of state law, to adopt, amend, and repeal ordinances and resolutions required to:
(1) preserve peace and order and secure freedom from dangerous or noxious activities;
(2) secure and promote the general public health and welfare;
(3) provide any service or perform any function authorized or required by state law;
(4) exercise any power granted by state law;
(5) subject to 15-10-420, levy any tax authorized by state law for public or governmental purposes as described in 7-6-2527;
(6) appropriate public funds;
(7) impose a special assessment reasonably related to the cost of any special service or special benefit provided by the municipality or impose a fee for the provision of a service;
(8) grant franchises; and
(9) provide for its own organization and the management of its affairs.
History: En. Sec. 24, Ch. 455, L. 1979; amd. Sec. 6, Ch. 584, L. 1999; amd. Sec. 2, Ch. 453, L. 2005.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4124. Powers

7-1-4124. Powers.
A municipality with general powers has the power, subject to the provisions of state law, to:
(1) enact ordinances and resolutions;
(2) except as provided in 7-5-103(2)(d)(iv) and 7-5-121(2)(c)(iv), sue and be sued;
(3) buy, sell, mortgage, rent, lease, hold, manage, or dispose of any interest in real or personal property;
(4) contract with persons, corporations, or any other governmental entity;
(5) pay debts and expenses;
(6) borrow money;
(7) solicit and accept bequests, donations, or grants of money, property, services, or other advantages and comply with any condition that is not contrary to the public interest;
(8) execute documents necessary to receive money, property, services, or other advantages from the state government, the federal government, or any other source;
(9) make grants and loans of money, property, and services for public purposes;
(10) require the attendance of witnesses and production of documents relevant to matters being considered by the governing body;
(11) hire, direct, and discharge employees and appoint and remove members of boards;
(12) ratify any action of the municipality or its officers or employees that could have been approved in advance;
(13) have a corporate seal and flag;
(14) acquire by eminent domain, as provided in Title 70, chapter 30, any interest in property for a public use authorized by law;
(15) initiate a civil action to restrain or enjoin violation of an ordinance;
(16) enter private property, obtaining warrants when necessary, for the purpose of enforcing ordinances that affect the general welfare and public safety;
(17) conduct a census;
(18) conduct inventories of public property and preparatory studies;
(19) condemn and demolish hazardous structures;
(20) purchase insurance and establish self-insurance plans;
(21) impound animals and other private property creating a nuisance or obstructing a street or highway;
(22) establish quarantines;
(23) classify all violations of city ordinances as civil infractions, with civil penalties, as provided in 7-1-4150; and
(24) exercise powers not inconsistent with law necessary for effective administration of authorized services and functions.
History: En. Sec. 25, Ch. 455, L. 1979; amd. Sec. 1, Ch. 249, L. 1999; amd. Sec. 1, Ch. 125, L. 2001; amd. Sec. 3, Ch. 408, L. 2021.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4125. Limit on liability

7-1-4125. Limit on liability.
(1) As provided in Article II, section 18, of the Montana constitution, a municipality has no immunity from suit for injury to a person or property, except as may be specifically provided by law by a two-thirds vote of each house of the legislature.
(2) A local government has the right but not the duty to purchase insurance to protect against claims for injury to a person or property.
(3) Local governments are subject to the provisions of Title 2, chapter 9.
History: En. Sec. 26, Ch. 455, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4126. Administrative rules

7-1-4126. Administrative rules.
The governing body may by ordinance authorize the chief executive to adopt administrative rules. All administrative rules shall be entered in an administrative code that shall be available in the office of the municipality.
History: En. Sec. 2, Ch. 455, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4129. Mail notice

7-1-4129. Mail notice.
(1) Unless otherwise specifically provided, when 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 when notice is to be given by mail to 200 or more electors or residents of a municipality.
(2) The notice shall contain:
(a) the date, time, and place at which the hearing or other action will be taken;
(b) a brief statement of the action to be taken;
(c) the address and telephone number of the person who can 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 shall apply only to persons whose addresses are known.
History: En. Sec. 5, Ch. 455, L. 1979; amd. Sec. 1, Ch. 11, L. 1989.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4130. Petition

7-1-4130. Petition.
Whenever a petition is authorized, unless the section authorizing the petition establishes different criteria, the petition is subject to 7-5-131 through 7-5-135 and 7-5-137.
History: En. Sec. 6, Ch. 455, L. 1979; amd. Sec. 7, Ch. 274, L. 1981; amd. Sec. 1, Ch. 287, L. 1983; amd. Sec. 1, Ch. 164, L. 1985; amd. Sec. 1, Ch. 359, L. 1991; amd. Sec. 18, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4131. Public hearing

7-1-4131. Public hearing.
(1) When required, the governing body shall conduct public hearings for the purpose of providing reasonable opportunity for citizen participation prior to final decisions.
(2) At a minimum, a public hearing shall provide for submission of both oral and written testimony for and against the action or matter at issue. If the hearing is not held before the ultimate decision makers, provision shall be made for the transmittal of a summary or transcript of the testimony received to the ultimate decision makers prior to their determination.
(3) Public hearings may be held at regular or special meetings of the governing body.
(4) Petitions and letters received by the governing body or executive prior to the hearing shall be entered by reference into the minutes of the governing body and considered as other testimony received at the hearing.
(5) Hearings may be adjourned from day to day or to a date certain.
(6) Except for budget hearings, the governing body may designate a subcommittee or hearing examiner to conduct public hearings.
History: En. Sec. 7, Ch. 455, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4132. Protest

7-1-4132. Protest.
(1) Whenever a protest is authorized, it is sufficient if it is in writing, signed, and contains the following:
(a) a description of the action protested sufficient to identify the action against which the protest is lodged;
(b) a statement of the protestor's qualifications to protest the action against which the protest is lodged, including ownership of property affected by the action; and
(c) the address of the person protesting.
(2) Protests shall be submitted as provided by law and ordinance. The person receiving protests for a municipality shall note on each protest the date it was received.
(3) A protest which contains the required information may be signed by more than one person. A protest signed by more than one person is a valid protest by each signer.
(4) A person may in writing withdraw a previously filed protest at any time prior to final action by the governing body.
(5) Signers are encouraged to print their names after their signatures.
History: En. Sec. 8, Ch. 455, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4133. Signatures

7-1-4133. Signatures.
(1) The signatures and addresses on petitions shall be the same as the signatures and addresses on voter registration cards and, if not registered or if not required by law to be an elector, their common signature. If the elector has signed using an initial letter only in place of a name written on the registry card or using a name or the initial letter of a name that is not on the registry card, the signature may nevertheless be counted so long as the signature, taken as a whole, bears sufficient similarity to the signature on the registry card as to provide reasonable certainty of its authenticity.
(2) The signatures on protests and waivers shall be the accepted common signatures.
History: En. Sec. 9, Ch. 455, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4134. Rights on behalf of government, company, or corporation

7-1-4134. Rights on behalf of government, company, or corporation.
The chief executive of a municipality or political subdivision of the state, the responsible agent of a federal or state agency, or the chief executive officer, president, vice president, authorized agent, or secretary of a corporation or company may exercise the right of petition, protest, or voting on behalf of property owned by the government, corporation, or company.
History: En. Sec. 10, Ch. 455, L. 1979; amd. Sec. 1, Ch. 121, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4135. Posting

7-1-4135. 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 shall be placed on the posting board, and a copy shall be available at the municipal office.
History: En. Sec. 11, Ch. 455, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4137. Oath of office

7-1-4137. Oath of office.
(1) Every elected and appointed municipal officer shall take the oath of office prescribed in Article III, section 3, of the Montana constitution. Before the officer performs any official duties, the oath of office, certified by the official before whom the oath was taken, must be filed. An elected officer shall file the oath with the county election administrator. Except as provided in subsection (2), an appointed officer shall file the oath with the city clerk.
(2) A person appointed to fill a vacancy in an elected municipal office shall file the oath of office with the county election administrator.
History: En. Sec. 13, Ch. 455, L. 1979; amd. Sec. 19, Ch. 575, L. 1981; amd. Sec. 1, Ch. 486, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4138. Public servants

7-1-4138. Public servants.
All municipal officers and employees are public servants for the purpose of determining the offense of obstructing a public servant as provided in 45-7-302.
History: En. Sec. 14, Ch. 455, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4139. Waiver of mail notice or protest

7-1-4139. Waiver of mail notice or protest.
(1) If all persons entitled to mail notice waive in writing the mail notice requirement, the governing body may proceed without the required mail notice.
(2) If all persons entitled to protest an action waive in writing their right to protest, the governing body may proceed without publishing notice or meeting other requirements designed to permit protests to be filed.
(3) A waiver is sufficient if it is in writing, signed, and contains the following:
(a) a description of the mailed notice or protest right waived;
(b) a statement of the protestor's qualifications to waive the mailed notice or protest right;
(c) the address of the person;
(d) a statement that the waiver of notice is voluntarily and knowingly given, with knowledge of the signer's constitutional rights to notice.
(4) Waivers shall be submitted as provided by law and ordinance. The person receiving waivers for a local government shall note on each waiver the date it was received.
(5) A waiver which contains the required information may be signed by more than one person. A waiver signed by more than one person is a valid waiver by each signer.
(6) Signers are encouraged to print their names after their signatures.
History: En. Sec. 15, Ch. 455, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4140. Facsimile signature

7-1-4140. Facsimile signature.
Any officer or employee may use a facsimile signature or seal as provided in Title 2, chapter 16.
History: En. Sec. 16, Ch. 455, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4141. Public meeting required

7-1-4141. (Temporary) Public meeting required.
(1) All meetings of municipal governing bodies, boards, authorities, committees, or other entities created by a municipality shall be open to the public except as provided in 2-3-203.
(2) Appropriate minutes shall be kept of all public meetings and shall be made available upon request to the public for inspection and copying.
7-1-4141. (Effective July 1, 2024) Public meeting required.
(1) All meetings of municipal governing bodies, boards, authorities, committees, or other entities created by a municipality must be open to the public except as provided in 2-3-203.
(2) Subject to the requirements of 2-3-212, appropriate minutes must be kept of all public meetings and must be made available to the public for inspection and copying and meet the requirements of 2-3-214(2)(b).
History: En. Sec. 17, Ch. 455, L. 1979; amd. Sec. 2, Ch. 741, L. 2023.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4142. Public participation

7-1-4142. Public participation.
Each municipal governing body, committee, board, authority, or entity, in accordance with Article II, section 8, of the Montana constitution and Title 2, chapter 3, shall develop procedures for permitting and encouraging the public to participate in decisions that are of significant interest to the public.
History: En. Sec. 18, Ch. 455, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4143. Participation

7-1-4143. Participation.
In any meeting required to be open to the public, the governing body, committee, board, authority, or entity shall adopt rules for conducting the meeting, affording citizens a reasonable opportunity to participate prior to the final decision.
History: En. Sec. 19, Ch. 455, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4145. State reports

7-1-4145. State reports.
(1) Municipal governing bodies, chief executives, officers, employees, departments, boards, and authorities shall file with state agencies in a timely fashion all reports and information required by state law.
(2) The department of administration shall coordinate to the greatest extent possible the collection of data by state and federal agencies in order to minimize the requests of municipalities and to maximize access to information collected on municipalities.
(3) Prior to requesting reports from a municipality, all state agencies shall notify the department of administration of the intended request.
History: En. Sec. 21, Ch. 455, L. 1979; amd. Sec. 7, Ch. 274, L. 1981; amd. Sec. 1, Ch. 287, L. 1983; amd. Sec. 20, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4146. Reports of departments, boards, and authorities

7-1-4146. Reports of departments, boards, and authorities.
(1) All departments, boards, and authorities shall file an annual report with the chief executive, who shall compile the reports and present them to the governing body.
(2) The chief executive may specify the form, content, and deadline for filing reports.
History: En. Sec. 22, Ch. 455, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4147. State technical advice and assistance

7-1-4147. State technical advice and assistance.
(1) All state agencies are authorized and encouraged to provide technical assistance to municipalities.
(2) The technical assistance services may not include those that can be as reasonably and expeditiously obtained through business channels.
(3) State agencies are encouraged to develop the capacity to provide technical advice and assistance without charge to municipalities, but they are also encouraged to establish service charges for special or extraordinary technical advice.
(4) The department of administration shall coordinate technical advice and assistance provided to municipalities by state agencies.
(5) State agencies may lend personnel, equipment, and machinery to municipalities.
History: En. Sec. 27, Ch. 455, L. 1979; amd. Sec. 7, Ch. 274, L. 1981; amd. Sec. 1, Ch. 287, L. 1983; amd. Sec. 21, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4148. Penalty

7-1-4148. Penalty.
When a municipality is required by state law to provide information to a state agency and fails to provide the required information, the department of administration may issue an order stopping payment of any state financial aid to the municipality. Upon provision of the information, all financial aid that was stopped because of failure to provide the information must be paid to the municipality.
History: En. Sec. 28, Ch. 455, L. 1979; amd. Sec. 7, Ch. 274, L. 1981; amd. Sec. 1, Ch. 287, L. 1983; amd. Sec. 22, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4149. Applicability

7-1-4149. Applicability.
(1) Except as provided in subsection (2), a provision of 7-1-4121 through 7-1-4127, 7-1-4129 through 7-1-4143, and 7-1-4145 through 7-1-4148 applies only in the absence of other laws governing the same subject matter.
(2) The governing body may by ordinance adopt the procedures and provisions contained in 7-1-4121 through 7-1-4127, 7-1-4129 through 7-1-4143, and 7-1-4145 through 7-1-4148 and make them applicable to all proceedings before the body.
History: En. Sec. 29, Ch. 455, L. 1979; amd. Sec. 4, Ch. 354, L. 2001; amd. Sec. 2, Ch. 29, L. 2017.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4150. Municipal infractions -- civil offense

7-1-4150. Municipal infractions -- civil offense.
(1) A municipal infraction is a civil offense punishable by a civil penalty of not more than $300 for each violation or if the infraction is a repeat offense, a civil penalty not to exceed $500 for each repeat violation.
(2) A municipality may by ordinance provide that a violation of an ordinance is a municipal infraction.
(3) (a) A municipality may by ordinance provide that a criminal offense under state law that is punishable only by a fine is a municipal infraction.
(b) Statutory surcharges must be imposed, as provided in 3-1-317(1)(a), 3-1-318(1), and 46-18-236(6)(a), on municipal infractions that are criminal offenses under state law, and the amounts must be distributed as provided in those sections.
(c) A person may not be proceeded against for the same act or omission to act under both a municipal infraction ordinance and the corresponding state law criminal offense on which the municipal infraction ordinance is based.
(4) An officer who is authorized by a municipality to enforce a municipal code or regulation may issue a civil citation to a person who commits a municipal infraction. The citation may be served by personal service, by certified mail addressed to the defendant at the defendant's last-known mailing address, return receipt requested, or by publication, as provided in Rule 4(o), M.R.Civ.P. A copy of the citation must be retained by the issuing officer and one copy must be sent to the clerk of the municipal or city court. The citation must serve as notification that a municipal infraction has been committed and must contain the following information:
(a) the name and address of the defendant;
(b) the name or description of the infraction attested to by the officer issuing the citation;
(c) the location and time of the infraction;
(d) the amount of civil penalty to be assessed or the alternate relief sought, or both;
(e) the manner, location, and time in which the penalty may be paid;
(f) the time and place of court appearance; and
(g) the penalty for failure to appear in court.
History: En. Sec. 2, Ch. 249, L. 1999; amd. Sec. 1, Ch. 398, L. 2005.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4151. Municipal infractions -- proceedings

7-1-4151. Municipal infractions -- proceedings.
(1) In municipal infraction proceedings:
(a) the matter must be tried before a municipal court judge or city court judge in the same manner as a small claim if the total amount of civil penalties does not exceed $7,000. The matter may only be tried before a judge in district court if the total amount of civil penalties assessed exceeds $7,000.
(b) the city has the burden of proof that the municipal infraction occurred and that the defendant committed the infraction. The proof must be by clear and convincing evidence.
(c) the court shall ensure that the defendant has received a copy of the charges and that the defendant understands the charges. The defendant may question all witnesses who appear for the municipality and produce evidence or witnesses on the defendant's behalf.
(d) the defendant may be represented by counsel of the defendant's own choosing and at the defendant's own expense;
(e) the defendant may answer by admitting or denying the infraction;
(f) if a municipal infraction is proven, the court shall enter a judgment against the defendant. If the infraction is not proven, the court shall dismiss the charges. Each day that a violation occurs or is permitted to exist by the defendant constitutes a separate infraction.
(2) All penalties or forfeitures collected by the court for municipal infractions must be remitted to the municipality in the same manner as fines and forfeitures collected for criminal offenses. If the person named in the citation is served as provided in 7-1-4150 and fails without good cause to appear in response to the civil citation, judgment must be entered against the person.
(3) A person against whom judgment is entered shall pay court costs and fees as in small claims court under Title 25, chapter 35. If the action is dismissed by the court, the municipality is liable for the court costs and court fees.
(4) Seeking a civil penalty as authorized in this section does not preclude a municipality from seeking alternative relief from the court in the same action.
(5) When judgment has been entered against a defendant, the court may do any of the following:
(a) impose a civil penalty by entry of a judgment against the defendant;
(b) direct that payment of the civil penalty be suspended or deferred under conditions imposed by the court;
(c) grant appropriate alternative relief ordering the defendant to abate or cease the violation;
(d) authorize the municipality to abate or correct the violation;
(e) order that the municipality's costs for abatement or correction of the violation be entered as a judgment against the defendant or assessed against the property where the violation occurred, or both.
(6) If a defendant willfully violates the terms of an order imposed by the court, the failure is contempt.
History: En. Sec. 3, Ch. 249, L. 1999; amd. Sec. 4, Ch. 284, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 41. Municipalities › 7-1-4152. Municipal infractions -- jurisdiction -- appeal

7-1-4152. Municipal infractions -- jurisdiction -- appeal.
(1) A municipal court judge or city court judge has jurisdiction to assess or enter judgment for costs of abatement or correction in any amount not to exceed the jurisdictional amount for a money judgment in a civil action pursuant to 3-11-103. If the municipality seeks abatement or correction costs in excess of that amount, the matter must be referred to the district court for hearing and entry of an appropriate order. The procedure for hearing in the district court shall be the same procedure as that for a small claims appealed under 25-35-803.
(2) The defendant or the municipality may file a motion for a new trial or may appeal the decision to district court. A factual determination made by the trial court, supported by substantial evidence as shown in the record, is binding for purposes of appeal relating to the violation at issue, but is not admissible or binding as to any future violations for the same or similar ordinance provision by the same defendant.
(3) Except for willful or wanton misconduct on the part of the municipality, the issuance of a civil citation for a municipal infraction or the ensuing court proceedings do not provide an action for false arrest, false imprisonment, or malicious prosecution.
(4) An action brought pursuant to this section for a municipal infraction that is an environmental violation does not preclude, and is in addition to, any other enforcement action that may be brought under state law.
History: En. Sec. 4, Ch. 249, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 42. Political Subdivision Employer Mandate Prohibition Act › 7-1-4201. Short title

7-1-4201. Short title.
This part may be cited as the "Political Subdivision Employer Mandate Prohibition Act".
History: En. Sec. 1, Ch. 398, L. 2021.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 42. Political Subdivision Employer Mandate Prohibition Act › 7-1-4202. Definitions

7-1-4202. Definitions.
As used in this part, the following definitions apply:
(1) "Employee" means a person in this state who is in the service of an employer or engaged in employment as defined in 39-2-101 or under any appointment or contract of hire, written or oral, express or implied.
(2) "Employer" means a person or entity in this state that has one or more employees.
(3) "Employment benefit" means anything of value or any type of compensation, other than wages, provided by an employer to an employee without regard to whether the employer places a monetary value on the benefit or whether the benefit is subject to taxation. The term includes but is not limited to:
(a) health, disability, retirement, profit-sharing, and death benefits;
(b) group accidental death and dismemberment benefits;
(c) paid or unpaid leave for holidays, sick leave, vacation, and personal necessity; and
(d) terms of employment, notice of advance scheduling, and additional pay for schedule changes.
(4) "Political subdivision" means a local government unit, including but not limited to a county, city, or town established under authority of Article XI, section 1 or 6, of the Montana constitution.
History: En. Sec. 2, Ch. 398, L. 2021; amd. Sec. 1, Ch. 343, L. 2023.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 42. Political Subdivision Employer Mandate Prohibition Act › 7-1-4203. Prohibitions -- application

7-1-4203. Prohibitions -- application.
(1) A political subdivision may not enact, administer, or otherwise require an employer to provide an employee or class of employees with a wage or employment benefit that is not required by state or federal law.
(2) This part does not apply to a political subdivision affecting a wage or employment benefit for an employee or class of employees of that political subdivision.
History: En. Sec. 3, Ch. 398, L. 2021.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 1. General Provisions Applicable to Local Government › 7-2-101. Transcript of records upon alteration of boundary of local government

7-2-101. Transcript of records upon alteration of boundary of local government.
When a territory is detached from any county, city, or town in this state and annexed to any other county, city, or town:
(1) it is the duty of the proper officer of the county, city, or town to which the territory is annexed to demand from the proper officer of the county, city, or town having custody of the public records of the territory a transcript of all public records pertaining to the territory; and
(2) it is the duty of the officer from whom the records are demanded to furnish the authenticated transcripts of all records in that office, which must be paid for, after the records are furnished, by the county, city, or town to which the territory is annexed.
History: En. Sec. 1, Ch. 36, L. 1911; re-en. Sec. 4418, R.C.M. 1921; re-en. Sec. 4418, R.C.M. 1935; R.C.M. 1947, 16-611; amd. Sec. 264, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 1. General Provisions Applicable to Local Government › 7-2-102. Apportionment of indebtedness and credits upon alteration of boundary of local government

7-2-102. Apportionment of indebtedness and credits upon alteration of boundary of local government.
When any territory shall be detached from any county, city, or town of this state and annexed to any other county, city, or town therein, such county, city, or town to which the same shall be annexed shall be liable to the county, city, or town from which the territory was so detached for its just share of liabilities and indebtedness and shall receive a just share of the credits from the county, city, or town from which the same shall have been detached, which shall be apportioned by ascertaining what ratio the portion detached bears to the territory from which the same was detached. The last prior assessment shall be used as a basis in determining the same.
History: En. Sec. 2, Ch. 36, L. 1911; re-en. Sec. 4419, R.C.M. 1921; re-en. Sec. 4419, R.C.M. 1935; R.C.M. 1947, 16-612.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 1. General Provisions Applicable to Local Government › 7-2-103. Collection of taxes upon alteration of boundary of local government

7-2-103. Collection of taxes upon alteration of boundary of local government.
Subject to the provisions of part 27 of this chapter and 7-2-2809, if any territory is detached from any county, city, or town and is annexed to any other county, city, or town, it does not invalidate or interfere with the collection of taxes in the territory and the taxes must be collected by and the returns made to the county to which the territory is attached in the manner provided by law for levying and collecting taxes.
History: En. Sec. 3, Ch. 36, L. 1911; re-en. Sec. 4420, R.C.M. 1921; re-en. Sec. 4420, R.C.M. 1935; R.C.M. 1947, 16-613; amd. Sec. 2, Ch. 250, L. 1979; amd. Sec. 10, Ch. 347, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 21. General Provisions Applicable to Counties › 7-2-2101. Repealed

7-2-2101. Repealed.
Sec. 21, Ch. 250, L. 1979.
History: En. Sec. 4156, Pol. C. 1895; re-en. Sec. 2850, Rev. C. 1907; re-en. Sec. 4304, R.C.M. 1921; Cal. Pol. C. Sec. 3976; re-en. Sec. 4304, R.C.M. 1935; R.C.M. 1947, 16-112.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 21. General Provisions Applicable to Counties › 7-2-2102. Apportionment of liabilities and assets upon creation or enlargement of county

7-2-2102. Apportionment of liabilities and assets upon creation or enlargement of county.
(1) Every county which shall be enlarged or created from the territory taken from any other county or counties shall:
(a) be liable for a pro rata proportion of the existing debts and liabilities of the county or counties from which such territory shall be taken; and
(b) be entitled to a pro rata proportion of the assets of the county or counties from which such territory is taken.
(2) The share of liabilities and assets shall be determined as provided by 7-2-2204 and 7-2-2244 through 7-2-2246.
History: En. Sec. 1, Ch. 226, L. 1919; re-en. Sec. 4390, R.C.M. 1921; amd. Sec. 1, Ch. 106, L. 1929; re-en. Sec. 4390, R.C.M. 1935; amd. Sec. 6, Ch. 406, L. 1973; R.C.M. 1947, 16-501(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 21. General Provisions Applicable to Counties › 7-2-2103. Qualifications for municipality or village to be county seat

7-2-2103. Qualifications for municipality or village to be county seat.
No city, town, or village shall become the temporary or permanent county seat of any county organized under the provisions of part 22 or created by an act of the legislature unless such city or town shall have been incorporated in the manner provided by law or unless such village shall have been regularly platted and a plat thereof filed in the office of the county clerk and recorder and there be fifty qualified electors residing within the boundaries of such platted village.
History: En. Sec. 1, Ch. 16, Ex. L. 1919; re-en. Sec. 4392, R.C.M. 1921; re-en. Sec. 4392, R.C.M. 1935; R.C.M. 1947, 16-503(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 21. General Provisions Applicable to Counties › 7-2-2104. Transfer of certain records upon alteration of boundary of county

7-2-2104. Transfer of certain records upon alteration of boundary of county.
(1) In the event territory is taken from one county and added to another county, such plats and records covering such territory taken shall be transferred to the enlarged county.
(2) If any portion of the cost of preparing such records, maps, plats, or charts remains unpaid, said enlarged county shall pay its proportionate share of such cost as may be determined by the board of commissioners of the old county.
History: En. Sec. 1, Ch. 201, L. 1921; re-en. Sec. 4421, R.C.M. 1921; re-en. Sec. 4421, R.C.M. 1935; R.C.M. 1947, 16-614(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 21. General Provisions Applicable to Counties › 7-2-2105. Establishment of townships

7-2-2105. Establishment of townships.
The board of county commissioners must not set off or organize any new township unless a petition is presented to the board, signed by at least 50 citizens resident therein.
History: En. Sec. 18, p. 502, Bannack Stat.; re-en. Sec. 18, p. 436, Cod. Stat. 1871; re-en. Sec. 352, 5th Div. Rev. Stat. 1879; re-en. Sec. 757, 5th Div. Comp. Stat. 1887; re-en. Sec. 4231, Pol. C. 1895; re-en. Sec. 2895, Rev. C. 1907; re-en. Sec. 4468, R.C.M. 1921; re-en. Sec. 4468, R.C.M. 1935; R.C.M. 1947, 16-1102.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2201. Authorization to create new counties

7-2-2201. Authorization to create new counties.
(1) New counties may be formed and created in this state from portions of one or more counties that must have been created and in existence for a period of more than 2 years, in the manner provided in this part.
(2) Except as provided in Title 7, chapter 2, part 28, a county enlarged by the addition of territory taken from one or more other counties is a new county under the provisions of this part.
History: En. Sec. 1, Ch. 226, L. 1919; re-en. Sec. 4390, R.C.M. 1921; amd. Sec. 1, Ch. 106, L. 1929; re-en. Sec. 4390, R.C.M. 1935; amd. Sec. 6, Ch. 406, L. 1973; R.C.M. 1947, 16-501(part); amd. Sec. 1, Ch. 742, L. 1985; amd. Sec. 11, Ch. 347, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2202. Limitations on creation of new counties

7-2-2202. Limitations on creation of new counties.
(1) A new county may not be established that reduces any county to an assessed valuation of less than $12 million, inclusive of all assessed valuation as shown by the last preceding assessment.
(2) A new county may not be formed that contains an assessed valuation of property less than $10 million, inclusive of all assessed valuation, as shown by the last preceding assessment of the county or counties from which the new county is to be established.
(3) A new county may not be established that reduces the area of any existing county from which territory is taken to form the new county to less than 500 square miles of surveyed land, exclusive of all forest reserve and Indian reservations within old counties.
(4) Except as provided in Title 7, chapter 2, part 28, territory may not be taken from one county and added to another county unless its surveyed area is greater than 49 square miles.
(5) A new county may not be formed that contains less than 250 square miles of surveyed land, exclusive of all forest reserve land or Indian reservations not open for settlement.
History: En. Sec. 1, Ch. 226, L. 1919; re-en. Sec. 4390, R.C.M. 1921; amd. Sec. 1, Ch. 106, L. 1929; re-en. Sec. 4390, R.C.M. 1935; amd. Sec. 6, Ch. 406, L. 1973; R.C.M. 1947, 16-501(part); amd. Sec. 2, Ch. 742, L. 1985; amd. Sec. 12, Ch. 347, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2203. Repealed

7-2-2203. Repealed.
Sec. 19, Ch. 742, L. 1985.
History: En. Sec. 1, Ch. 226, L. 1919; re-en. Sec. 4390, R.C.M. 1921; amd. Sec. 1, Ch. 106, L. 1929; re-en. Sec. 4390, R.C.M. 1935; amd. Sec. 6, Ch. 406, L. 1973; R.C.M. 1947, 16-501(part); amd. Sec. 263, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2204. Basis for determination of assessed valuation

7-2-2204. Basis for determination of assessed valuation.
For the purposes of this part, the assessed valuation of all property, whether included within the boundaries of a proposed new county or remaining within the boundaries of any existing county or counties from which territory is taken, shall be fixed and determined on the same basis as is used for the imposition of taxes in Montana.
History: En. Sec. 1, Ch. 16, Ex. L. 1919; re-en. Sec. 4391, R.C.M. 1921; re-en. Sec. 4391, R.C.M. 1935; amd. Sec. 34, Ch. 566, L. 1977; R.C.M. 1947, 16-502.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2205. Petition for creation of new county -- number of signatures required

7-2-2205. Petition for creation of new county -- number of signatures required.
(1) Whenever it is desired to divide any county or counties and form a new county out of a portion of the territory of the then-existing county or counties, a petition shall be presented to the board of county commissioners of the county from which the new county is to be formed, in case said proposed new county is to be formed from but one county, or to the board of county commissioners of the county from which the largest area of territory is proposed to be taken for the formation of such new county, in case said new county is to be formed from portions of two or more existing counties.
(2) (a) If the proposed new county is to be formed from a portion of only one existing county, the petition must be signed by at least 50% of the registered electors of the proposed new county.
(b) If the proposed new county is to be formed from portions of two or more counties, separate petitions shall be presented from the territory taken from each county, and each of the petitions shall be signed by at least 50% of the registered electors of the proposed portions.
(c) If the proposed new county is to be an existing county enlarged by territory taken from one or more other counties, a separate petition must be presented from each such territory, and each petition must be signed by at least 50% of the registered electors of the territory.
(3) For the purpose of determining the number of signatures needed on a petition to meet the percentage requirements of this section, the number of registered electors in a territory proposed to be included in a new county is the number of people registered to vote in that territory in the most recent general election.
History: En. Sec. 2, Ch. 226, L. 1919; re-en. Sec. 4393, R.C.M. 1921; re-en. Sec. 4393, R.C.M. 1935; amd. Sec. 7, Ch. 406, L. 1973; R.C.M. 1947, 16-504(part); amd. Sec. 264, Ch. 571, L. 1979; amd. Sec. 3, Ch. 742, L. 1985; (3)En. Sec. 6(1), Ch. 742, L. 1985; 7-2-2205(2)(d) (formerly (2)(c)) redes. 7-2-2206(4) by Code Commissioner, 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2207. Affidavits to be attached to petition -- verification of signatures

7-2-2207. Affidavits to be attached to petition -- verification of signatures.
(1) There must be attached and filed with each sheet or section of the petition or petitions an affidavit of the person who circulated the petition, stating that it is the person's belief that:
(a) it is signed by at least 50% of the qualified electors, as provided in this part, of the proposed new county or of the proposed portion of a proposed county taken from each existing county, where the proposed new county is to be formed from portions of two or more existing counties;
(b) the signatures are genuine; and
(c) each person signing was, at the date of signing, a qualified elector of the proposed new county or of the portion of the proposed county taken from an existing county.
(2) The clerk of the county receiving the petition shall check the names of all signers to verify that they are registered electors of the proposed territory to be taken from the county. In addition, the county clerk shall randomly select signatures on each sheet or section of the petition and compare them with the signatures of the electors as they appear on the registration records of the office. If all of the randomly selected signatures appear to be genuine, the number of signatures of registered electors on the sheet or section may be certified without further comparison of signatures. If any of the randomly selected signatures do not appear to be genuine, all signatures on that sheet or section must be compared with the registration records of the office.
History: En. Sec. 2, Ch. 226, L. 1919; re-en. Sec. 4393, R.C.M. 1921; re-en. Sec. 4393, R.C.M. 1935; amd. Sec. 7, Ch. 406, L. 1973; R.C.M. 1947, 16-504(part); amd. Sec. 7, Ch. 742, L. 1985; (2)En. Sec. 8, Ch. 742, L. 1985; amd. Sec. 266, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2208. Role of board of county commissioners -- intercounty communication

7-2-2208. Role of board of county commissioners -- intercounty communication.
(1) A board of county commissioners receiving a petition pursuant to 7-2-2205 shall be empowered and have jurisdiction to do and perform all acts provided for in this part for each of the several counties from which any proposed territory is to be taken and shall direct that a certified copy of all orders and proceedings had before such board shall be certified by the county clerk to the board of each of the several counties from which any territory is taken by the proposed new county.
(2) All officers of any such county shall comply with the orders of the board of county commissioners in the same manner as if said order had been duly made by the board of each respective county from which territory is proposed to be taken.
History: En. Sec. 2, Ch. 226, L. 1919; re-en. Sec. 4393, R.C.M. 1921; re-en. Sec. 4393, R.C.M. 1935; amd. Sec. 7, Ch. 406, L. 1973; R.C.M. 1947, 16-504(part).