AN ACT AUTHORIZING COUNTIES TO VOLUNTARILY APPROPRIATE AND TRANSFER FUNDS TO MUNICIPALITIES TO SUPPLEMENT THE COST OF INFRASTRUCTURE DEVELOPMENT AND MAINTENANCE; AMENDING SECTIONS 7-11-104 AND 7-11-1102, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.

WHEREAS, the Legislature encourages cooperation between local governments; and

WHEREAS, many communities are experiencing rapid growth and development outside the limits of incorporated municipalities and beyond the infrastructure facilities that they provide; and

WHEREAS, local governments may wish to cooperate to provide for and maintain public facilities that would encourage growth and development in certain geographic areas; and

WHEREAS, a willingness of local governments to participate in cooperative efforts to provide for public services or facilities may be restricted by uncertainties about governmental authority.

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

Section 1. Transfer of appropriations to municipalities. (1) The board of county commissioners is authorized to appropriate and transfer any funds not otherwise restricted by statute to municipalities for the purpose of supplementing the cost of construction or maintenance of public infrastructure facilities, projects, or services impacted by or made necessary by activities outside the jurisdiction of the municipalities.

(2) Transfer of funds between governing bodies must be voluntary and made only upon mutual agreement of the governing bodies.

(3) Funds transferred between governing bodies must be used only for the purpose agreed to, and the use of the funds must be fully accounted for and reported to the parties to the agreement.

Section 2. Section 7-11-104, MCA, is amended to read:

"7-11-104. Authorization to create interlocal agreements -- issuance of bonds for joint construction. One or more public agencies may contract with any one or more other public agencies to perform any administrative service, activity, or undertaking or to participate in the provision or maintenance of any public infrastructure facility, project, or service, including the issuance of bonds for the joint construction of a facility under 20-9-404, that any of the public agencies entering into the contract is authorized by law to perform. The contract must be authorized and approved by the governing body of each party to the contract. The contract must outline fully the purposes, powers, rights, obligations, and responsibilities of the contracting parties."

Section 3. Section 7-11-1102, MCA, is amended to read:

"7-11-1102. Services that may be provided. (1) A multijurisdictional service district may provide only those services that are authorized to be provided by local governments.

(2) The services that a multijurisdictional service district may provide are:

(a) recreation programs other than park and recreation programs in a county park district established under Title 7, chapter 16, part 24;

(b) road, street, and highway maintenance;

(c) libraries;

(d) jails;

(e) dog control programs;

(f) ambulance service;

(g) dispatch service;

(h) protection of human health and the environment, including scenic concerns and recreational activities for areas requiring or involving environmental reclamation;

(i) health services and health department functions; and

(j) maintenance or provision of any public infrastructure facility, project, or service."

Section 4. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 7, chapter 6, part 23, and the provisions of Title 7, chapter 6, part 23, apply to [section 1].

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

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I hereby certify that the within bill,

SB 0095, originated in the Senate.

Secretary of the Senate

President of the Senate

Signed this	day

of	, .

Speaker of the House

Signed this	day

of	, .

SENATE BILL NO. 95

INTRODUCED BY L. GROSFIELD, V.COCCHIARELLA

BY REQUEST OF THE ENVIRONMENTAL QUALITY COUNCIL

AN ACT AUTHORIZING COUNTIES TO VOLUNTARILY APPROPRIATE AND TRANSFER FUNDS TO MUNICIPALITIES TO SUPPLEMENT THE COST OF INFRASTRUCTURE DEVELOPMENT AND MAINTENANCE; AMENDING SECTIONS 7-11-104 AND 7-11-1102, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.