House Bill No. 556

Introduced By grady, story, feland, mesaros, ohs, grosfield, hibbard

A Bill for an Act entitled: An Act revising the membership requirements for joint or consolidated city-county planning boards; amending section 76-1-112, MCA; and providing an effective date and a retroactive applicability date.

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 76-1-112, MCA, is amended to read:

"76-1-112.   Joint or consolidated planning boards. (1) Any existing city, county, or city-county planning board may form a joint or consolidated planning board with any other existing city, county, or city-county planning board or with any combination of these boards.

(2)  The manner of combination shall must be by interlocal agreement of the cities, counties, and towns represented on the existing planning boards pursuant to Title 7, chapter 11, part 1.

(3)  The interlocal agreement shall must:

(a)  state the name of the combined board;

(b)  specify whether a joint or combined board is formed;

(c)  specify the representation, means and manner of appointment, membership duties, and manner of sharing costs of the combined board which may, subject to subsection (6), be on any basis agreeable to the governing bodies of the cities, counties, and towns represented on the existing planning boards.

(4)  If a consolidated board is formed, the existing city, county, and city-county planning boards shall must be dissolved and the consolidated board shall have all of has the rights, duties, powers, and obligations of the existing planning boards.

(5)  If a joint board is formed, the existing planning boards shall may not be dissolved and the joint board shall have such has the rights, duties, powers, and obligations as that are set forth contained in the interlocal agreement.

(6) Membership of any city-county board formed pursuant to this section must have representation consistent with the requirements of part 2 of this chapter."

Section 2.  Retroactive applicability. [This act] applies retroactively, within the meaning of 1-2-109, to all joint or consolidated city-county planning boards created after July 1, 1985, which are still in existence. [This act] does not affect any action taken by a joint or consolidated planning board prior to the effective date of [this act].

Section 3.  Effective date. [This act] is effective July 1, 1997.

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