HOUSE BILL NO. 469
INTRODUCED BY D. RICE, ADAMS, ANDERSEN, BARRETT, D. BROWN, CALLAHAN, CLANCY, P. CLARK, CYR, DAVIES, EGGERS, ESP, FACEY, L. HOLDEN, JACOBSON, JENT, LEE, LEHMAN, LEWIS, LINDEEN, MATTHEWS, MCGEE, D. MOOD, NEWMAN, RASER, RIPLEY, SCHRUMPF, TASH, WAITSCHIES, J. WHITAKER
AN ACT ALLOWING RURAL FIRE DISTRICT TRUSTEES TO ACQUIRE REAL PROPERTY ALONG WITH EQUIPMENT, HOUSING, AND FACILITIES NECESSARY FOR FIRE PROTECTION; AMENDING SECTIONS 7-33-2105, 7-33-2109, AND 7-33-2111, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 7-33-2105, MCA, is amended to read:
"7-33-2105. Powers and duties of trustees. (1) The trustees shall prepare and adopt suitable bylaws.
(2) The trustees shall have the authority to provide adequate and standard firefighting and
emergency response apparatus, equipment, personnel, housing, and facilities, including real property
for the protection of the district. They shall appoint and form fire companies that shall have the same
duties, exemptions, and privileges as other fire companies.
(3) The trustees shall prepare annual budgets and request special levies therefor for the budgets.
The budget laws relating to county budgets shall must, as far as applicable, apply to fire districts."
Section 2. Section 7-33-2109, MCA, is amended to read:
"7-33-2109. Tax levy, debt incurrence, and bonds authorized. (1) At the time of the annual levy of taxes, the board of county commissioners may, subject to 15-10-420, levy a special tax upon all property within a rural fire district for the purpose of buying or maintaining fire protection facilities, including real property, and apparatus, including emergency response apparatus, for the district or for the purpose of paying to a city, town, or private fire service the consideration provided for in any contract with the council of the city, town, or private fire service for the purpose of furnishing fire protection service to property within the district. The tax must be collected as are other taxes.
(2) The board of county commissioners or the trustees, if the district is governed by trustees, may pledge the income of the district, subject to the requirements and limitations of 7-33-2105(3), to secure financing necessary to procure equipment and buildings, including real property, to house the equipment.
(3) In addition to the levy authorized in subsection (1), a district may borrow money by the issuance of bonds to provide funds for the payment of all or part of the cost of buying or maintaining fire protection facilities, including real property, and apparatus, including emergency response apparatus, for the district.
(4) The amount of debt incurred pursuant to subsection (2) and the amount of bonds issued pursuant to subsection (3) and outstanding at any time may not exceed 18% of the taxable value of the property in the district as ascertained by the most recent assessment for state and county taxes prior to the incurrence of debt or the issuance of the bonds.
(5) The bonds must be authorized, sold, and issued and provisions must be made for their payment in the manner and subject to the conditions and limitations prescribed for the issuance of bonds by counties under Title 7, chapter 7, part 22."
Section 3. Section 7-33-2111, MCA, is amended to read:
"7-33-2111. Fire district capital improvement fund. The trustees of a fire district may establish a capital improvement fund. The fund may be used for the acquisition and replacement of equipment or facilities, including real property. The cost of the equipment must exceed $5,000, and the equipment must have a life expectancy of 5 years or more."
Section 4. Effective date. [This act] is effective on passage and approval.
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Latest Version of HB 469 (HB0469.ENR)
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