reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 2. Urban Transportation Districts › 7-14-212. District to be governed by transportation board -- election of board

7-14-212. District to be governed by transportation board -- election of board.
(1) The district must be governed by a transportation board. The commissioners and the governing bodies of each city or town included or partially included in the district shall determine if the board is to be elected or appointed. If the board is to be elected, the initial and subsequent elections of board members must be held in accordance with Title 13, chapter 1, part 5.
(2) The commissioners and the governing body by resolution shall:
(a) determine the number of board members;
(b) set the term of office;
(c) determine the makeup of the board with respect to the number of appointed members that will represent each county, city, or town;
(d) determine the number of candidates for an elected board whose names must be placed on the ballot; and
(e) establish a procedure for filling vacancies on the board, including a provision for public notice.
(3) The commissioners and the governing body may, at any time, adopt a resolution changing the method by which the members of the board are selected. The resolution must contain a provision that the term of office of the current members of the board may not be shortened.
(4) If the board is elected and if the number of candidates is equal to or less than the number of positions to be elected, the election administrator may cancel the election in accordance with 13-1-304. If an election is not held, the board shall declare elected by acclamation each candidate who filed a nominating petition for a position.
(5) If there are no nominees for an elective office of a member of the board, the vacancy must be filled as provided in subsection (2)(e).
(6) A member of the board taking office pursuant to subsection (4) or (5) serves a term of office as if elected to that office.
History: En. 11-4506 by Sec. 6, Ch. 355, L. 1975; R.C.M. 1947, 11-4506(part); amd. Sec. 1, Ch. 608, L. 1993; amd. Sec. 4, Ch. 254, L. 1999; amd. Sec. 151, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 2. Urban Transportation Districts › 7-14-213. Repealed

7-14-213. Repealed.
Sec. 3, Ch. 608, L. 1993.
History: En. 11-4506 by Sec. 6, Ch. 355, L. 1975; R.C.M. 1947, 11-4506(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 2. Urban Transportation Districts › 7-14-214. Election of members of transportation board

7-14-214. Election of members of transportation board.
Any registered elector in the district may file a declaration of candidacy with the election administrator of the county where the district is located. A filing fee may not be required. The declaration must be filed as provided in 13-14-113.
History: En. 11-4506 by Sec. 6, Ch. 355, L. 1975; R.C.M. 1947, 11-4506(part); amd. Sec. 343, Ch. 571, L. 1979; amd. Sec. 1, Ch. 117, L. 1981; amd. Sec. 2, Ch. 608, L. 1993; amd. Sec. 152, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 2. Urban Transportation Districts › 7-14-215. Repealed

7-14-215. Repealed.
Sec. 3, Ch. 608, L. 1993.
History: En. 11-4506 by Sec. 6, Ch. 355, L. 1975; R.C.M. 1947, 11-4506(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 2. Urban Transportation Districts › 7-14-216. Repealed

7-14-216. Repealed.
Sec. 3, Ch. 608, L. 1993.
History: En. 11-4506 by Sec. 6, Ch. 355, L. 1975; R.C.M. 1947, 11-4506(part); amd. Sec. 1, Ch. 601, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 2. Urban Transportation Districts › 7-14-217. Repealed

7-14-217. Repealed.
Sec. 3, Ch. 608, L. 1993.
History: En. 11-4506 by Sec. 6, Ch. 355, L. 1975; R.C.M. 1947, 11-4506(part); amd. Sec. 2, Ch. 601, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 2. Urban Transportation Districts › 7-14-218. Compensation of transportation board members

7-14-218. Compensation of transportation board members.
The board members shall serve without pay except for necessary transportation expenses.
History: En. 11-4506 by Sec. 6, Ch. 355, L. 1975; R.C.M. 1947, 11-4506(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 2. Urban Transportation Districts › 7-14-219. Powers of transportation board

7-14-219. Powers of transportation board.
The board shall have all powers necessary and proper to the establishment, operation, improvement, maintenance, and administration of the transportation district.
History: En. 11-4507 by Sec. 7, Ch. 355, L. 1975; R.C.M. 1947, 11-4507(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 2. Urban Transportation Districts › 7-14-220. Employment of administrative officer

7-14-220. Employment of administrative officer.
The board shall employ a qualified administrative officer for the district. The board shall give public notice of its solicitation of applications for a qualified administrative officer.
History: En. 11-4507 by Sec. 7, Ch. 355, L. 1975; R.C.M. 1947, 11-4507(2).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 2. Urban Transportation Districts › 7-14-221. Area of service

7-14-221. Area of service.
The district shall primarily serve the residents within the district boundaries but may authorize service outside the district boundaries where deemed appropriate.
History: En. 11-4507 by Sec. 7, Ch. 355, L. 1975; R.C.M. 1947, 11-4507(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 2. Urban Transportation Districts › 7-14-231. Transportation district budget

7-14-231. Transportation district budget.
The board shall annually present its budget to the commissioners at the regular budget meetings as prescribed by law and therewith certify the amount of money necessary and proper for the ensuing year.
History: En. 11-4508 by Sec. 8, Ch. 355, L. 1975; R.C.M. 1947, 11-4508(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 2. Urban Transportation Districts › 7-14-232. Mill levy authorized

7-14-232. Mill levy authorized.
Subject to 15-10-420, the commissioners shall annually, at the time of levying county taxes, fix and levy a tax in mills upon all property within the transportation district sufficient to operate the district, taking into account the amount requested by the board.
History: En. 11-4508 by Sec. 8, Ch. 355, L. 1975; R.C.M. 1947, 11-4508(part); amd. Sec. 33, Ch. 584, L. 1999; amd. Sec. 41, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 2. Urban Transportation Districts › 7-14-233. Collection of tax -- role of county treasurer

7-14-233. Collection of tax -- role of county treasurer.
(1) The procedure for the collection of the tax shall be in accordance with the existing laws of the state of Montana.
(2) The funds collected under the tax levy shall be held by the county treasurer.
(3) The county treasurer shall be, ex officio, the treasurer for the transportation district and shall keep a detailed account of:
(a) all tax money paid into the fund;
(b) all other money from any source received by the district; and
(c) all payments and disbursements from the fund.
History: En. 11-4509 by Sec. 9, Ch. 355, L. 1975; R.C.M. 1947, 11-4509(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 2. Urban Transportation Districts › 7-14-234. Warrants to be used for payments

7-14-234. Warrants to be used for payments.
Funds shall be paid out on warrants issued by direction of the board and signed by a majority of its membership.
History: En. 11-4509 by Sec. 9, Ch. 355, L. 1975; R.C.M. 1947, 11-4509(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 2. Urban Transportation Districts › 7-14-235. Transportation district bonds authorized

7-14-235. Transportation district bonds authorized.
A transportation district may borrow money by the issuance of general obligation or revenue bonds or a combination thereof to provide funds for the district.
History: En. 11-4510 by Sec. 10, Ch. 355, L. 1975; R.C.M. 1947, 11-4510(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 2. Urban Transportation Districts › 7-14-236. Limitation on bonded indebtedness

7-14-236. Limitation on bonded indebtedness.
The amount of bonds issued to provide funds for the district and outstanding at any time may not exceed 1.51% of the total assessed value of taxable property, determined as provided in 15-8-111, within the district, as ascertained by the last assessment for state and county taxes prior to the issuance of the bonds.
History: En. 11-4510 by Sec. 10, Ch. 355, L. 1975; R.C.M. 1947, 11-4510(part); amd. Sec. 50, Ch. 614, L. 1981; amd. Sec. 15, Ch. 29, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 2. Urban Transportation Districts › 7-14-241. Procedure to be included in district or to remove an addition to a district

7-14-241. Procedure to be included in district or to remove an addition to a district.
(1) A real property owner may petition to have that owner's property included in a district. The addition of the real property owner's property must be approved by a majority vote of the transportation board.
(2) An area added to a district pursuant to this part may be removed if the area does not directly receive transportation services from the district and 51% of the qualified voters in the area sign a petition requesting to be removed from the district. The removal of the area is effective 60 days after submission of the petition to the transportation board unless within that time, it is determined that the petition contains insufficient signatures for removal of the area. An insufficient petition must be returned to the petitioners, who may resubmit a corrected version within 90 days.
(3) (a) All property within any addition to a district is subject to all existing indebtedness of the district.
(b) Property within an area removed from a district is not subject to the district's existing indebtedness if the area was added to the district within 5 years of the date on which the petition for removal was submitted to the transportation board.
History: En. 11-4511 by Sec. 11, Ch. 355, L. 1975; R.C.M. 1947, 11-4511; amd. Sec. 1, Ch. 374, L. 1987; amd. Sec. 1, Ch. 245, L. 1995; amd. Sec. 7, Ch. 177, L. 1997.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 2. Urban Transportation Districts › 7-14-242. Petition for dissolution of district

7-14-242. Petition for dissolution of district.
Any transportation district may be dissolved upon presentation to the county commissioners of a petition signed by at least 51% of the qualified voters of such district.
History: En. 11-4512 by Sec. 12, Ch. 355, L. 1975; R.C.M. 1947, 11-4512(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 2. Urban Transportation Districts › 7-14-243. Examination of petition -- hearing

7-14-243. Examination of petition -- hearing.
(1) Upon the filing of such petition, the commissioners shall carefully examine the petition.
(2) (a) If it is found that the petition is in proper form and bears the requisite number of signatures of qualified petitioners, the commissioners shall by resolution call for a public hearing on the dissolution of such transportation district.
(b) If such petition is found by the commissioners to be lacking in the number of signatures, the commissioners shall declare the petition void.
History: En. 11-4512 by Sec. 12, Ch. 355, L. 1975; R.C.M. 1947, 11-4512(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 2. Urban Transportation Districts › 7-14-244. Notice of hearing on question of dissolution of district

7-14-244. Notice of hearing on question of dissolution of district.
(1) A notice of the hearing required by 7-14-243(2)(a) must be published as provided in 7-1-2121.
(2) The notice must state the time, date, place, and purpose of the hearing.
History: En. 11-4512 by Sec. 12, Ch. 355, L. 1975; R.C.M. 1947, 11-4512(2); amd. Sec. 45, Ch. 354, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 2. Urban Transportation Districts › 7-14-245. Hearing on question of dissolution of district -- decision

7-14-245. Hearing on question of dissolution of district -- decision.
(1) If upon such hearing the commissioners find that the district is not indebted beyond funds immediately available to extinguish all of its debts and obligations and that there is good reason for the dissolution of such district, the commissioners shall enter upon their minutes an order dissolving such district.
(2) Such order shall be filed of record, and the dissolution shall be effective for all purposes 6 months after the date of filing the order of dissolution, provided that at or before such time, the board of said district certifies to the county commissioners that all debts and obligations of the district have been paid, discharged, or irrevocably settled, together with proof thereof.
History: En. 11-4512 by Sec. 12, Ch. 355, L. 1975; R.C.M. 1947, 11-4512(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 2. Urban Transportation Districts › 7-14-246. Distribution of district assets after dissolution

7-14-246. Distribution of district assets after dissolution.
Any assets of the district remaining after all debts and obligations of the district have been paid, discharged, or irrevocably settled shall be evenly divided between the county and any cities within or partially within the dissolved district.
History: En. 11-4512 by Sec. 12, Ch. 355, L. 1975; R.C.M. 1947, 11-4512(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 3. Local Option Motor Fuel Excise Tax (Repealed) › 7-14-301. Repealed

7-14-301. Repealed.
Sec. 1, Ch. 434, L. 2021.
History: En. Sec. 1, Ch. 621, L. 1979; amd. Sec. 1, Ch. 572, L. 1981; amd. Sec. 1, Ch. 381, L. 1983; amd. Sec. 8, Ch. 18, L. 1995; amd. Sec. 1, Ch. 539, L. 2005; amd. Sec. 1, Ch. 220, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 3. Local Option Motor Fuel Excise Tax (Repealed) › 7-14-302. Repealed

7-14-302. Repealed.
Sec. 1, Ch. 434, L. 2021.
History: En. Sec. 2, Ch. 621, L. 1979; amd. Sec. 2, Ch. 572, L. 1981; amd. Sec. 2, Ch. 539, L. 2005.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 3. Local Option Motor Fuel Excise Tax (Repealed) › 7-14-303. Repealed

7-14-303. Repealed.
Sec. 1, Ch. 434, L. 2021.
History: En. Sec. 3, Ch. 621, L. 1979; amd. Sec. 3, Ch. 572, L. 1981; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 3, Ch. 539, L. 2005.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 3. Local Option Motor Fuel Excise Tax (Repealed) › 7-14-304. Repealed

7-14-304. Repealed.
Sec. 1, Ch. 434, L. 2021.
History: En. Sec. 4, Ch. 621, L. 1979; amd. Sec. 4, Ch. 572, L. 1981; amd. Sec. 4, Ch. 539, L. 2005; amd. Sec. 2, Ch. 220, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 10. Transportation Improvement Authorities › 7-14-1001. Purpose

7-14-1001. Purpose.
The purpose of a transportation improvement authority is to blend the interests of local, state, and federal governments with the interests of the general public and the business community to build, modify, or improve transportation facilities and systems within its jurisdiction.
History: En. Sec. 1, Ch. 219, L. 2003.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 10. Transportation Improvement Authorities › 7-14-1002. Transportation improvement authority

7-14-1002. Transportation improvement authority.
(1) A county and a municipality within a county may, by joint resolution, create a transportation improvement authority authorized to exercise its functions upon the appointment and qualification of the first commissioners.
(2) (a) Except as provided in subsection (3), the resolution creating the transportation improvement authority must create a board of nine commissioners appointed as follows:
(i) two county officials appointed by the county commissioners;
(ii) two public members appointed by the county commissioners;
(iii) two municipal officials appointed by the governing body of the municipality;
(iv) two public members appointed by the governing body of the municipality; and
(v) one member appointed by the governor.
(b) The public members must be knowledgeable about transportation issues.
(c) The resolution must state the terms of the commissioners and their compensation, if any.
(3) A transportation improvement authority may be increased to serve one or more additional counties or municipalities if each additional county or municipality, each county and municipality included in the authority, and the commissioners of the authority adopt a joint resolution consenting to the increase. The number of additional commissioners to be appointed must be provided for in the joint resolution.
(4) A transportation improvement authority may be dissolved if each municipality and county included in the authority and the commissioners of the authority consent to the dissolution. Provisions must be made for the retention or disposition of the authority's assets and liabilities.
(5) A county or municipality may not adopt a resolution authorized by this section without a public hearing. Notice must be given as provided in 7-1-2121 or 7-1-4127.
History: En. Sec. 2, Ch. 219, L. 2003.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 10. Transportation Improvement Authorities › 7-14-1003. Commissioners

7-14-1003. Commissioners.
(1) The powers of each transportation improvement authority are vested in the commissioners. A majority of the commissioners of an authority constitute a quorum for the purpose of conducting the business of the authority and exercising its powers for all other purposes. Action may be taken by the authority upon a vote of the majority of the commissioners present.
(2) There must be elected a presiding officer and vice presiding officer from among the commissioners. An authority shall employ an executive director and may employ other personnel as necessary. An authority shall determine the qualifications, duties, and compensation of its employees.
(3) Each commissioner shall hold office until a successor is appointed and has qualified. The certificate of the appointment or reappointment of a commissioner must be filed with the authority.
History: En. Sec. 3, Ch. 219, L. 2003.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 10. Transportation Improvement Authorities › 7-14-1004. Cooperation of county and municipality

7-14-1004. Cooperation of county and municipality.
For the purpose of cooperating in the planning, construction, or operation of transportation facilities, a county and a municipality for which a transportation improvement authority has been created may:
(1) lend or donate money to the authority;
(2) provide that all or a portion of the taxes or funds available or required by law to be used by the county or municipality for transportation purposes be transferred to the authority as the funds become available;
(3) furnish facilities or improvements that the county or municipality is empowered to provide in connection with the transportation facilities;
(4) dedicate, sell, convey, or lease an interest in property or grant easements, licenses, or other rights and privileges to the authority;
(5) do all things, whether or not specifically authorized in this section and not otherwise prohibited by law, that are necessary or convenient to aid and cooperate with the authority in the planning, construction, or operation of transportation facilities; and
(6) enter into agreements with the authority respecting action to be taken by the county and the municipality pursuant to the provisions of this section.
History: En. Sec. 4, Ch. 219, L. 2003.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 10. Transportation Improvement Authorities › 7-14-1005. General powers of the authority

7-14-1005. General powers of the authority.
A transportation improvement authority has all the powers necessary to carry out the purposes of this part, including the power to:
(1) sue and be sued, have a seal, and have perpetual succession;
(2) execute contracts and other instruments and take other action as may be necessary to carry out the purposes of this part;
(3) receive and disburse federal, state, and other public or private funds made available by grant, loan, contribution, or other source to accomplish the purposes of this part. Federal money must be accepted and spent by the authority upon terms and conditions prescribed by the United States and consistent with state law. All state money accepted under this section must be accepted and spent by the authority upon terms and conditions prescribed by the state.
(4) acquire by purchase, gift, devise, lease, or other means real or personal property or any interest in property; and
(5) sell, lease, or otherwise dispose of real or personal property acquired pursuant to this part. The disposal must be in accordance with the laws of this state governing the disposition of public property.
History: En. Sec. 5, Ch. 219, L. 2003.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 10. Transportation Improvement Authorities › 7-14-1006. Rules

7-14-1006. Rules.
(1) A transportation improvement authority may adopt, amend, and repeal reasonable resolutions, rules, and orders as it considers necessary for its own administration, management, and governance, as well as for the management, governance, and use of a transportation facility owned by the authority or under its control.
(2) A rule, order, or standard prescribed by the authority may not be inconsistent with or contrary to an act of the congress of the United States or a regulation promulgated or standard established pursuant to an act of congress.
(3) The authority shall keep a copy of its rules on file for public inspection at the principal office of the authority.
History: En. Sec. 6, Ch. 219, L. 2003.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 10. Transportation Improvement Authorities › 7-14-1007. Tax exemption

7-14-1007. Tax exemption.
Property in this state acquired for a transportation improvement authority for transportation purposes pursuant to the provisions of this part and income derived by the authority from the ownership, operation, or control of property are exempt from taxation to the same extent as other property used for public purposes.
History: En. Sec. 7, Ch. 219, L. 2003.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 11. Port Authorities › 7-14-1101. Local port authority

7-14-1101. Local port authority.
(1) Any county or municipality may, by resolution of its governing body, create a public body, corporate and politic, to be known as a local port authority, authorized to exercise its functions upon the appointment and qualification of the first commissioners thereof. Such a governing body may by resolution determine to exercise any or all powers granted to such authorities in this part, unless such powers have been conferred upon a local or regional port authority.
(2) Upon the adoption of a resolution creating a local port authority, the governing body of the county or municipality shall, pursuant to the resolution, appoint or, at the option of the governing body, elect, as provided in 7-14-1106, not less than five persons as commissioners of the authority. The commissioners who are first appointed must be designated to serve for terms of 1, 2, 3, 4, and 5 years, respectively, but thereafter each commissioner must be appointed or elected for a term of 5 years, except that vacancies occurring other than by expiration of a term must be filled for the unexpired term by the governing body.
History: En. Sec. 1, Ch. 456, L. 1985; amd. Sec. 1, Ch. 640, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 11. Port Authorities › 7-14-1102. Regional port authority

7-14-1102. Regional port authority.
(1) Two or more local governments may by joint resolution create a public body, corporate and politic, to be known as a regional port authority. The resolution creating a regional port authority must create a board of not less than five commissioners. The number to be appointed, their term, and their compensation, if any, must be provided for in the resolution. Each regional port authority shall organize, select officers for terms to be fixed by agreement, and adopt and amend from time to time rules for its own procedure.
(2) A regional port authority may be increased from time to time to serve one or more additional counties or municipalities if each additional local government, each of the local governments then included in the regional authority, and the commissioners of the regional authority, respectively, adopt a joint resolution consenting to the increase. However, if a local port authority for any local government seeking to be included in the regional authority is then in existence, the commissioners of the local authority must consent to the inclusion of the county or municipality in the regional authority; upon the inclusion of the local government in the regional authority, all rights, contracts, obligations, and real and personal property of the local authority must be in the name of and vest in the regional authority.
(3) A regional port authority may be decreased if each of the local governments then included in the regional authority and the commissioners of the regional authority consent to the decrease and make provisions for the retention or disposition of its assets and liabilities.
(4) A county or municipality may not adopt any resolution authorized by this section without a public hearing. Notice must be given as provided in 7-1-2121.
(5) For the purpose of this part, a regional port authority has the same powers as all other political subdivisions in the adoption and enforcement of comprehensive port zoning regulations, as provided by the laws of this state.
History: En. Sec. 2, Ch. 456, L. 1985; amd. Sec. 46, Ch. 354, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 11. Port Authorities › 7-14-1103. Commissioners

7-14-1103. Commissioners.
(1) The powers of each authority are vested in the commissioners of the authority. A majority of the commissioners of an authority constitutes a quorum for the purpose of conducting business of the authority and exercising its powers for all other purposes. Action may be taken by the authority upon a vote of not less than a majority of the commissioners present.
(2) There must be elected a presiding officer and vice presiding officer from among the commissioners. An authority may employ an executive director, secretary, technical experts, and other officers, agents, and employees, permanent and temporary, that it may require and shall determine their qualifications, duties, and compensation. An authority may delegate to one or more of its agents or employees the powers or duties that it considers proper.
(3) A commissioner of an authority is entitled to receive expenses, as provided in 2-18-501 through 2-18-503, incurred in the discharge of duties. Each commissioner shall hold office until a successor has been appointed or elected and has qualified. The certificates of the appointment, reappointment, or election of commissioners must be filed with the authority.
History: En. Sec. 3, Ch. 456, L. 1985; amd. Sec. 3, Ch. 640, L. 1991; amd. Sec. 574, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 11. Port Authorities › 7-14-1104. Purpose -- public and governmental functions

7-14-1104. Purpose -- public and governmental functions.
(1) The purposes of a port authority are to:
(a) promote, stimulate, develop, and advance the general welfare, commerce, economic development, and prosperity of its jurisdiction and of the state and its citizens;
(b) endeavor to increase the volume of commerce within the jurisdiction of the port authority and the state through planning, advertising, acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, regulation, and protection of transportation, storage, or other facilities that promote the safe, efficient, and economical handling of commerce;
(c) cooperate and act in conjunction with other organizations, public or private, in the development of commerce, industry, manufacturing, services, natural resources, agriculture, livestock, recreation, tourism, health care, and other economic activity in the state;
(d) support the creation, expansion, modernization, retention, and relocation of new and existing businesses and industry in the state and otherwise stimulate, assist in, and support the growth of all kinds of economic activity that will tend to promote commerce and business development, maintain the economic stability and prosperity of its jurisdiction and of the state, and thus provide maximum opportunities for employment and improvement in the standard of living of citizens of the state.
(2) The acquisition of any land or interest in land pursuant to this part, the planning, acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, regulation, and protection of port authority facilities, and the exercise of any powers granted to port authorities and other public agencies to be severally or jointly exercised are public and governmental functions, exercised for a public purpose, and matters of public necessity. All land and other property and privileges acquired and used by or on behalf of any authority or other public agency, as provided in this part, must be used for public and governmental purposes and as a matter of public necessity. A port authority may pledge, lease, sell, or mortgage all or any part of its facilities to secure bonds under this part as provided in 7-14-1133.
History: En. Sec. 4, Ch. 456, L. 1985; amd. Sec. 1, Ch. 507, L. 1989; amd. Sec. 4, Ch. 640, L. 1991; amd. Sec. 1, Ch. 22, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 11. Port Authorities › 7-14-1105. Cooperation of county or municipality

7-14-1105. Cooperation of county or municipality.
For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of ports and facilities pursuant to this part, any county or municipality for which an authority has been created upon such terms, with or without consideration, as it may determine may:
(1) lend or donate money to the authority;
(2) provide that all or a portion of the taxes or funds available or to become available to or required by law to be used by the county or municipality for port purposes be transferred or paid directly to the port authority as such funds become available to the county or municipality;
(3) cause water, sewer, or drainage facilities or any other facilities that it is empowered to provide to be furnished adjacent to or in connection with such ports or facilities;
(4) dedicate, sell, convey, or lease any of its interest in any property or grant easements, licenses, or any other rights or privileges therein to the authority;
(5) furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, and walks from established streets or roads to such port or facilities;
(6) do any and all things, whether or not specifically authorized in this section and not otherwise prohibited by law, that are necessary or convenient to aid and cooperate with the authority in the planning, undertaking, construction, or operation of ports and facilities; and
(7) enter into agreements with the authority respecting action to be taken by the county or municipality pursuant to the provisions of this section.
History: En. Sec. 5, Ch. 456, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 11. Port Authorities › 7-14-1106. Election of local port authority commissioners

7-14-1106. Election of local port authority commissioners.
(1) Any registered elector in the county or municipality in which the local port authority is located may file a declaration of candidacy with the election administrator. The declaration must be filed within the time period for candidate filing specified in 13-1-502.
(2) The election must be conducted in accordance with Title 13, chapter 1, part 5.
(3) If no declarations are filed for one or more commissioner offices, the appropriate local governing body shall appoint one or more commissioners as necessary to fill those offices.
History: En. Sec. 2, Ch. 640, L. 1991; amd. Sec. 153, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 11. Port Authorities › 7-14-1111. General powers of authority

7-14-1111. General powers of authority.
An authority has all the powers necessary or convenient to carry out the purposes of this part, including but not limited to the power to:
(1) subject to 15-10-420, request annually the amount of tax to be levied by the governing body for port purposes, which request the governing body may in its discretion approve for port purposes;
(2) sue and be sued, have a seal, and have perpetual succession;
(3) execute contracts and other instruments and take other action that may be necessary or convenient to carry out the purposes of this part;
(4) plan, establish, acquire, develop, construct, purchase, enlarge, improve, maintain, equip, operate, regulate, and protect transportation, storage, or other facilities. For these purposes an authority may, by purchase, gift, devise, lease, or otherwise, acquire real or personal property or any interest in property, including easements.
(5) establish comprehensive port zoning regulations in accordance with the laws of this state;
(6) acquire, by purchase, gift, devise, lease, or otherwise, existing transportation, storage, or other facilities that may be necessary or convenient to carry out the purposes of this part. However, an authority may not acquire or take over any transportation, storage, or other facility owned or controlled by another authority, county, municipality, or public agency without the consent of the authority, county, municipality, or public agency.
(7) provide financial and other support to organizations in its jurisdiction, including corporations organized under the provisions of the development corporation act in Title 32, chapter 4, whose purpose is to promote, stimulate, develop, and advance the general welfare, economic development, and prosperity of its jurisdiction and of the state and its citizens by stimulating, assisting in, and supporting the growth of all kinds of economic activity, including the creation, expansion, modernization, retention, and relocation of new and existing businesses and industry in the state, all of which will tend to promote business development, maintain the economic stability and prosperity of the state, and thus provide maximum opportunities for employment and improvement in the standards of living of citizens of the state; and
(8) for an authority with a truck/train transloading facility, receive grants pursuant to 80-11-105 to enhance the transportation of agricultural goods and to meet the purposes of this part.
History: En. Sec. 6, Ch. 456, L. 1985; amd. Sec. 2, Ch. 507, L. 1989; amd. Sec. 5, Ch. 640, L. 1991; amd. Sec. 34, Ch. 584, L. 1999; amd. Sec. 2, Ch. 564, L. 2021.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 11. Port Authorities › 7-14-1112. Rules

7-14-1112. Rules.
An authority may adopt, amend, and repeal such reasonable resolutions, rules, and orders as it considers necessary for its own administration, management, and governance as well as for the management, governance, and use of any transportation, storage, or other facility owned by it or under its control. No rule, order, or standard prescribed by the commission may be inconsistent with or contrary to any act of the congress of the United States or any regulation promulgated or standard established pursuant thereto. The authority shall keep on file at the principal office of the authority a copy of all its rules for public inspection.
History: En. Sec. 7, Ch. 456, L. 1985; amd. Sec. 3, Ch. 507, L. 1989; amd. Sec. 6, Ch. 640, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 11. Port Authorities › 7-14-1121. Supplementary powers

7-14-1121. Supplementary powers.
In addition to the general and special powers conferred by this part, each authority may exercise all powers incidental to the exercise of such general and special powers.
History: En. Sec. 8, Ch. 456, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 11. Port Authorities › 7-14-1125. Granting of operation and use privileges

7-14-1125. Granting of operation and use privileges.
(1) In connection with the operation of a transportation, storage, or other facility owned or controlled by an authority, the authority may enter into contracts, leases, and other arrangements for terms not to exceed 30 years with any persons:
(a) granting the privilege of using or improving the port authority facility or any portion or facility thereof or space therein for commercial purposes;
(b) conferring the privilege of supplying goods, commodities, services, or facilities at the port authority facility; and
(c) making available services to be furnished by the authority or its agents at the transportation, storage, or other facility.
(2) In each case the authority may establish the terms and conditions and fix the charges, rentals, or fees for the privileges or services, which must be reasonable and uniform for the same class of privilege or service and must be established with due regard to the property and improvements used and the expenses of operation to the authority.
History: En. Sec. 9, Ch. 456, L. 1985; amd. Sec. 7, Ch. 640, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 11. Port Authorities › 7-14-1126. Port property -- disposal

7-14-1126. Port property -- disposal.
Except as may be limited by the terms and conditions of any grant, loan, or agreement authorized by 7-14-1136, an authority may sell, lease, or otherwise dispose of any transportation, storage, or other facility or other property or portion of or interest in the facility or property acquired pursuant to this part. The disposal by sale, lease, or otherwise must be in accordance with the laws of this state governing the disposition of other public property, unless a sale, lease, mortgage, or other disposition is made under 7-14-1133 to secure bonds of the authority.
History: En. Sec. 10, Ch. 456, L. 1985; amd. Sec. 8, Ch. 640, L. 1991; amd. Sec. 2, Ch. 22, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 11. Port Authorities › 7-14-1131. Municipal tax levy

7-14-1131. Municipal tax levy.
Subject to 15-10-420, the port authority may request annually from the governing bodies the amount of tax to be levied by each municipality participating in the creation of the port authority, and the municipality may levy the amount requested, pursuant to provisions of law authorizing cities and other political subdivisions of this state to levy taxes. The municipality shall collect the taxes requested by a port authority that it has authorized in the same manner as other taxes are levied and collected and make payment to the port authority. The proceeds of the taxes when and as paid to the port authority must be deposited in a special account or accounts in which other revenue of the authority is deposited and may be expended by the authority as provided for in this part. Prior to the issuance of bonds under 7-14-1133 and 7-14-1134, the port authority or the municipality may by resolution covenant and agree that the total amount of taxes then authorized by law, or the portion of the taxes that may be specified by the resolution, will be requested, levied, and deposited annually as provided in this section until the bonds and interest are fully paid.
History: En. Sec. 11, Ch. 456, L. 1985; amd. Sec. 9, Ch. 640, L. 1991; amd. Sec. 35, Ch. 584, L. 1999; amd. Sec. 42, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 11. Port Authorities › 7-14-1132. County tax levy

7-14-1132. County tax levy.
In counties supporting ports of port authorities, a levy authorized in 67-10-402 may be made for such purposes.
History: En. Sec. 12, Ch. 456, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 11. Port Authorities › 7-14-1134. Method of funding deficiency -- election required

7-14-1134. Method of funding deficiency -- election required.
(1) Subject to the conditions stated in this section, the governing body of a county or of a municipality having a population in excess of 10,000 may by resolution covenant that if at any time all revenue, including taxes, appropriated and collected for bonds issued pursuant to this part is insufficient to pay principal or interest then due, it will levy a general tax on all of the taxable property in the county or municipality for the payment of the deficiency. The governing body may further covenant that at any time a deficiency is likely to occur within 1 year for the payment of principal and interest due on the bonds, it will levy a general tax on all the taxable property in the county or municipality for the payment of the deficiency. The taxes are not subject to any limitation of rate or amount applicable to other county or municipal taxes but are limited to a rate estimated to be sufficient to produce the amount of the deficiency. If more than one local government is included in an authority issuing bonds pursuant to this part, the local governments may apportion the obligation to levy taxes for the payment of, or in anticipation of, a deficiency in the revenue appropriated for the bonds in a manner that the local governments may determine.
(2) The resolution must state the principal amount and purpose of the bonds and the substance of the covenant respecting deficiencies.
(3) A resolution is not effective until the question of its approval has been submitted to the qualified electors of the local government at an election called for that purpose by the governing body of the local government and held as provided in 15-10-425 and the question is approved by a majority of the electors voting.
(4) If a majority of the electors voting on the issue vote against approval of the resolution, the local government may not make the covenant or levy a tax for the payment of deficiencies pursuant to this section. The local government or authority may issue bonds under this part payable solely from the sources referred to in 7-14-1133(1).
History: En. Sec. 14, Ch. 456, L. 1985; amd. Sec. 48, Ch. 387, L. 1995; amd. Sec. 13, Ch. 495, L. 2001; amd. Sec. 43, Ch. 574, L. 2001; amd. Sec. 154, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 11. Port Authorities › 7-14-1135. Debt service fund

7-14-1135. Debt service fund.
A port authority may create a debt service fund and accumulate therein a sum determined by the governing body, together with interest thereon, for the use, repairs, maintenance, and capital outlays of a port.
History: En. Sec. 15, Ch. 456, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 11. Port Authorities › 7-14-1136. Federal and state money

7-14-1136. Federal and state money.
An authority may accept, receive, receipt for, and spend federal and state money and other public or private money made available by grant or loan to accomplish any of the purposes of this part. All federal money accepted under this section must be accepted and spent by the authority upon terms and conditions prescribed by the United States and consistent with state law. All state money accepted under this section must be accepted and spent by the authority upon terms and conditions prescribed by the state.
History: En. Sec. 16, Ch. 456, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 11. Port Authorities › 7-14-1137. Tax exemption

7-14-1137. Tax exemption.
Any property in this state acquired by an authority for port purposes pursuant to the provisions of this part, any income derived by the authority from the ownership, operation, or control thereof, including property acquired, and income derived from organizations, including corporations organized under Title 32, chapter 4, whose purpose is to advance the economic development of its jurisdiction and of the state and its citizens, are exempt from taxation to the same extent as other property used for public purposes.
History: En. Sec. 17, Ch. 456, L. 1985; amd. Sec. 5, Ch. 507, L. 1989.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 16. Railway Authorities › 7-14-1601. Definitions

7-14-1601. Definitions.
As used in this part, the following definitions apply:
(1) "Authority" means a rail authority as provided in this part.
(2) "Board" means a board of county commissioners.
(3) "Common carrier" means a railroad engaged in transportation for hire.
(4) "Directors" means the directors of the rail authority.
History: En. Sec. 1, Ch. 333, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 16. Railway Authorities › 7-14-1602. Purpose -- public and governmental functions

7-14-1602. Purpose -- public and governmental functions.
(1) The purpose of an authority is to provide for the preservation and improvement of abandoned rail service for agriculture, industry, or passenger traffic and to provide for the preservation of abandoned railroad right-of-way for future transportation uses, when determined to be practicable and necessary for the public welfare, particularly in the case of the abandonment of rail lines.
(2) The acquisition of land pursuant to this part; the planning, acquisition, establishment, construction, improvement, maintenance, equipment, operation, regulation, and protection of authority facilities; and the exercise of powers granted to authorities and other public agencies to be severally or jointly exercised are public and governmental functions, exercised for public purpose, and matters of public necessity. All land and other property acquired and used by or on behalf of an authority or other public agency, as provided in this part, must be used for public and governmental purposes and as a matter of public necessity.
History: En. Sec. 2, Ch. 333, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 16. Railway Authorities › 7-14-1611. Resolution of intention to create rail authority

7-14-1611. Resolution of intention to create rail authority.
(1) A board of county commissioners may create an authority encompassing an entire county or a portion of a county. Before creating an authority, the board shall pass a resolution of intention.
(2) The resolution must state:
(a) the proposed name of the authority;
(b) the proposed boundaries of the authority; and
(c) the number of directors of the authority.
History: En. Sec. 3, Ch. 333, L. 1993.