SENATE BILL NO. 512

INTRODUCED BY M. HALLIGAN

A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING THE POWERS OF SELF-GOVERNING LOCAL GOVERNMENTS BY EXPANDING THOSE POWERS; REDUCING THE NUMBER OF POWERS THAT MUST BE SPECIFICALLY DELEGATED TO SELF-GOVERNING LOCAL GOVERNMENTS BY THE STATE; MODIFYING THE REQUIREMENTS FOR CONSISTENCY WITH STATE REGULATION; REDUCING THE NUMBER OF MANDATORY PROVISIONS PERTAINING TO SELF-GOVERNING LOCAL GOVERNMENTS; AND AMENDING SECTIONS 7-1-112, 7-1-113, 7-1-114, AND 7-6-1502, MCA."

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 exercise any judicial function, except as an incident to the exercise of an independent self-government administrative power;

(2) the power to regulate any form of gambling, lotteries, or gift enterprises."

Section 2. Section 7-1-113, MCA, is amended to read:

"7-1-113. Inconsistency with state regulation defined.

The exercise of a power is inconsistent with state law or regulation if it establishes standards or requirements that are lower or less stringent than those imposed by state law or regulation.

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Section 3. Section 7-1-114, MCA, is amended to read:

"7-1-114. Mandatory provisions. (1) A local government with self-government powers is subject to the following provisions:

(a) all state laws providing for the incorporation or disincorporation of cities and towns; for the annexation, disannexation, or exclusion of territory from a city or town; for the creation, abandonment, or boundary alteration of counties; and for city-county consolidation;

(b) Title 7, chapter 3, part 1;

(c) all laws regulating the election of local officials;

(d) any law directing or requiring a local government or any officer or employee of a local government to carry out any function or provide any service;

(e) Title 70, chapters 30 and 31.

(2) These provisions are a prohibition on the self-government unit acting other than as provided."

Section 4. Section 7-6-1502, MCA, is amended to read:

"7-6-1502. Resort community taxing authority -- specific delegation. Sections 7-6-1501 through 7-6-1507 specifically delegate to the electors of each respective resort community the power to authorize their municipality to impose a resort tax within the corporate boundary of the municipality as provided in 7-6-1501 through 7-6-1507."

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