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 authorize a tax on income or the sale of goods or services, except that this section shall 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 shall affect the
right of a self-government unit to enter into and enforce an agreement on interlocal cooperation;
(4)(1) the power to exercise any judicial function, except as an incident to the exercise of an independent
self-government administrative power;
(5)(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. Consistency Inconsistency with state regulation required defined. (1) A local government with
self-government powers is prohibited the exercise of any power in a manner inconsistent with state law or administrative
regulation in any area affirmatively subjected by law to state regulation or control.
(2) The exercise of a power is inconsistent with state law or regulation if it establishes standards or requirements which
that are lower or less stringent than those imposed by state law or regulation.
(3) An area is affirmatively subjected to state control if a state agency or officer is directed to establish administrative
rules governing the matter or if enforcement of standards or requirements established by statute is vested in a state officer
or agency."
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 establishing legislative procedures or requirements for units of local government;
(d)(c) all laws regulating the election of local officials;
(e) all laws that require or regulate planning or zoning;
(f)(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;
(g) any law regulating the budget, finance, or borrowing procedures and powers of local governments, except that the
mill levy limits established by state law do not apply;
(h)(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. As required by 7-1-112, 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."
- END -
Latest Version of SB 512 (SB0512.01)
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