AN ACT ALLOWING COUNTIES TO CONTRACT FOR THE PURCHASE OF A VEHICLE, ROAD MACHINERY OR OTHER MACHINERY, APPARATUS, APPLIANCE, EQUIPMENT, OR MATERIALS OR SUPPLIES IN AN AMOUNT OF UP TO $50,000 WITHOUT PUTTING THE CONTRACT OUT TO BID; AMENDING SECTIONS 7-5-2301, 7-5-2304, AND 7-8-2211, MCA; REPEALING SECTION 7-5-2302, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 7-5-2301, MCA, is amended to read:

"7-5-2301. Competitive, advertised bidding required for certain large purchases or construction contracts. (1) Except as provided in 7-5-2304, a contract must be entered into by a county for the purchase of any vehicle, road machinery or other machinery, apparatus, appliances, equipment, or materials or supplies or for the construction, repair, or maintenance of any building, road, or bridge in excess of $50,000 and may not be entered into by a county governing body without first publishing a notice calling for bids.

(2) The notice must be published as provided in 7-1-2121.

(3) Every contract subject to bidding must be let to the lowest and best responsible bidder."

Section 2. Section 7-5-2304, MCA, is amended to read:

"7-5-2304. Exemptions from competitive bidding requirements. The provisions of 7-5-2301 do not apply to contracts for:

(1) public printing entered into in accordance with the provisions of part 24; and

(2) purchases that, in the opinion of the governing body, are made necessary by fire, flood, explosion, storm, earthquake, other elements, epidemic, or riot or insurrection; for the immediate preservation of order or the public health; for the restoration of a condition of usefulness that has been destroyed by accident, wear, tear, or mischief; or for the relief of a stricken community overtaken by calamity."

Section 3. Section 7-8-2211, MCA, is amended to read:

"7-8-2211. Authorization to sell and exchange county property. (1) Boards of county commissioners of this state have the power to sell, trade, or exchange any real or personal property, however acquired, belonging to the county that is not necessary to the conduct of county business or the preservation of its property.

(2) Whenever a county purchases equipment, as provided in 7-5-2301 and 7-5-2303 through 7-5-2308, county equipment that is not necessary to the conduct of the county business may be traded in as part of the purchase price after appraisal, as provided in 7-8-2214, or may be sold at public auction, as provided in 7-8-2212, in the discretion of the board.

(3) Any sale, trade, or exchange of real or personal property must be accomplished under the provisions of Title 7, and in an exchange of real property, the properties must be appraised and an exchange of county property may not be made unless property received in exchange is of an equivalent value. In the event that the properties are not of equivalent values, the exchange may be completed if a cash payment is made in addition to the delivery of title for property having the lesser value."

Section 4. Repealer. Section 7-5-2302, MCA, is repealed.

Section 5. Effective date. [This act] is effective on passage and approval.

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I hereby certify that the within bill,

HB 0338, originated in the House.

Chief Clerk of the House

Speaker of the House

Signed this	day

of	, .

President of the Senate

Signed this	day

of	, .

HOUSE BILL NO. 338

INTRODUCED BY G. MASOLO, C. AHNER, R. DALE, G. GOLIE, T. HAGENER, S. ROSE

AN ACT ALLOWING COUNTIES TO CONTRACT FOR THE PURCHASE OF A VEHICLE, ROAD MACHINERY OR OTHER MACHINERY, APPARATUS, APPLIANCE, EQUIPMENT, OR MATERIALS OR SUPPLIES IN AN AMOUNT OF UP TO $50,000 WITHOUT PUTTING THE CONTRACT OUT TO BID; AMENDING SECTIONS 7-5-2301, 7-5-2304, AND 7-8-2211, MCA; REPEALING SECTION 7-5-2302, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.