SENATE BILL NO. 396
INTRODUCED BY G. PERRY
A BILL FOR AN ACT ENTITLED: "AN ACT PROHIBITING, WITHOUT SPECIFIC DELEGATION, A LOCAL GOVERNMENT WITH SELF-GOVERNMENT POWERS FROM IMPOSING A FEE OR REQUIRING PROPERTY DEDICATION AS A CONDITION OF APPROVAL FOR SUBDIVISIONS, SITE PLANS, ANNEXATION, BUILDING PERMITS, OR OTHER LAND USES THAT ARE SUBJECT TO APPROVAL; AMENDING SECTION 7-1-112, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 7-1-112, MCA, is amended to read:
"7-1-112. Powers requiring delegation. A local government with self-government powers is prohibited the exercise of the following powers unless the power is specifically delegated by law:
(1) the power to authorize a tax on income or the sale of goods or services, except that, subject to 15-10-420, this section may not be construed to limit the authority of a local government to levy any other tax or establish the rate of any other tax;
(2) the power to regulate private activity beyond its geographic limits;
(3) the power to impose a duty on another unit of local government, except that nothing in this limitation affects the right of a self-government unit to enter into and enforce an agreement on interlocal cooperation;
(4) the power to exercise any judicial function, except as an incident to the exercise of an independent self-government administrative power;
(5) the power to regulate any form of gambling, lotteries, or gift enterprises.;
(6) the power to impose or exact a monetary fee or property dedication as a condition of the approval of any subdivision, site plan, annexation, building permit, or other land use that is subject to approval by the local government."
NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.
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Latest Version of SB 396 (SB0396.01)
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