SENATE BILL NO. 264

INTRODUCED BY P. EKEGREN

A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING A COUNTY TO COLLECT A FEE FOR FIRE PROTECTION ON RURAL REAL PROPERTY WITHIN FIRE SERVICE AREAS; AMENDING SECTION 7-33-2404, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

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

Section 1. Section 7-33-2404, MCA, is amended to read:

"7-33-2404. Financing of fire service area -- fee on structures. (1) In the resolution creating the fire service area and by resolution as necessary after creation of the fire service area, the board of county commissioners shall:

(a) establish a schedule of rates to be charged owners of structures that are benefited by the services offered by the fire service area; or

(b) establish a schedule of fees to be assessed on all rural real property that is in the fire service area and that receives fire protection benefits. The fee must be approved by a majority of the qualified electors in the fire service area.

(2) The rates must be applied on a fair and equal basis to all classes of structures or to all rural real property benefited by the fire service area.

(3) The board of county commissioners shall, if authorized as provided by law, collect the funds necessary to operate the fire service area by charging the area rate as a special assessment on the owners of structures or, if applicable, the area fee provided for in subsection (1)(b) as a special assessment on rural real property and shall collect the assessments with the general taxes of the county. The assessments are a lien on the assessed property.

(4) The board of county commissioners or the trustees, if the fire service area is governed by trustees under 7-33-2403, may pledge the income of the fire 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 2. Effective date. [This act] is effective on passage and approval.

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