SENATE BILL NO. 206
INTRODUCED BY B. KEENAN
A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING FOR THE CREATION OF LAW ENFORCEMENT SERVICE AREAS; ESTABLISHING THE SERVICES TO BE PROVIDED; AND PROVIDING FOR THE OPERATION AND FUNDING OF LAW ENFORCEMENT SERVICE AREAS."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Law enforcement service area. (1) Upon receipt of a petition signed by at least 10% of the owners of real property in the proposed service area, the board of county commissioners may establish a law enforcement service area within an unincorporated territory or town.
(2) To establish a law enforcement service area, the board:
(a) shall pass a resolution of intent to form the service area, with public notice as provided in 7-1-2121 and written notice as provided in 7-1-2122;
(b) shall hold a public hearing not earlier than 30 days or later than 90 days after passage of the resolution of intent;
(c) at the public hearing:
(i) shall accept written protests from property owners of the area of the proposed service area; and
(ii) must receive general protests and comments relating to the establishment of the service area and its boundaries, rates, kinds, types, or levels of service or any other matter relating to the proposed service area; and
(d) shall pass a resolution creating the service area. The service area is created effective 60 days after passage of the resolution unless by that date more than 50% of the property owners of the proposed service area protest its creation.
(3) Based on testimony received in the public hearing, the board in the resolution creating the law enforcement service area may establish different boundaries, establish a different fee schedule than proposed, change the kinds, types, or levels of service, or change the manner in which the service area will provide services to its residents.
(4) The board may alter the boundaries or the kinds, types, or levels of service or dissolve a law enforcement service area, using the same procedures required for the creation of a service area. Any existing indebtedness of a service area that is dissolved remains the responsibility of the owners of property within the service area, and any assets remaining after all indebtedness has been satisfied must be returned to the owners of property within the service area.
NEW SECTION. Section 2. Law enforcement service area services. (1) A law enforcement service area created pursuant to [section 1] may provide residents of the service area with adequate and standard:
(a) law enforcement and emergency response equipment, personnel, facilities, and maintenance, for law enforcement service to the service area; or
(b) law enforcement protection by contracting for law enforcement services; and
(c) emergency medical services and equipment, licensed by the department of public health and human services, and related personnel, facilities, and maintenance.
(2) The creation of a law enforcement service area does not limit in any way the authority of any other state or local governmental agency that has law enforcement jurisdiction over any area located within the service area.
NEW SECTION. Section 3. Operation of law enforcement service area. Whenever the board of county commissioners has established a law enforcement service area, the board may:
(1) govern and manage the affairs of the service area;
(2) appoint five qualified trustees to govern and manage the affairs of the service area; or
(3) authorize the election of five qualified trustees to govern and manage the affairs of the service area. The term of office and procedures for nomination and election are the same as those provided for election of rural fire district trustees in 7-33-2106.
NEW SECTION. Section 4. Powers and duties of governing body. (1) The board of county commissioners or the trustees of a law enforcement service area shall prepare and adopt suitable bylaws.
(2) The board or trustees may provide adequate and standard law enforcement and emergency response apparatus, equipment, personnel, housing, and facilities for the protection of the district.
(3) The board or trustees shall prepare annual budgets. The budget laws relating to county budgets must, as far as applicable, apply to law enforcement service areas.
NEW SECTION. Section 5. Contracts for law enforcement services. (1) The governing body of a law enforcement service area may contract for law enforcement services with:
(a) The county in which the service area is located;
(b) a city or other county pursuant to an interlocal agreement between the county in which the service area is located and the city or other county; or
(c) a contract security company established pursuant to Title 37, chapter 60.
(2) The governing body may agree to pay reasonable consideration for the services contracted for pursuant to subsection (1).
(3) The relationship between the law enforcement service area and the city, county, or public or private law enforcement parties is that of an independent contractor.
(4) A law enforcement service area may enter into mutual aid agreements as defined in 7-33-2405.
NEW SECTION. Section 6. Financing of law enforcement service area. (1) In the resolution creating the law enforcement service area and by resolution as necessary after creation of the service area, the board of county commissioners shall establish a schedule of rates to be charged owners of structures that are benefited by the services offered.
(2) The rates must be applied on a fair and equal basis to all classes of structures benefited by the law enforcement service area.
(3) The board shall collect the funds necessary to operate the law enforcement service area by charging the service area rate as a special assessment on the owners of structures and shall collect the assessments with the general taxes of the county. The assessments are a lien on the assessed property.
(4) The board or the trustees, if the law enforcement service area is governed by trustees, may pledge the income of the service area to secure financing necessary to procure equipment and buildings to house the equipment. The outstanding amount of the indebtedness may not exceed 18% of the taxable valuation of the area.
NEW SECTION. Section 7. Codification instruction. [Sections 1 through 6] are intended to be codified as an integral part of Title 7, chapter 32, and the provisions of Title 7, chapter 32, apply to [sections 1 through 6].
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Latest Version of SB 206 (SB0206.01)
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