1999 Montana Legislature

About Bill -- Links

HOUSE BILL NO. 284

INTRODUCED BY B. STORY, M. COLE, L. GROSFIELD, G. JERGESON, M. MCCANN, L. NELSON, K. OHS, S. ROSE, B. TASH, J. TESTER

Montana State Seal

AN ACT REVISING LAWS GOVERNING CONSERVATION DISTRICTS; PROVIDING IMMUNITY TO CONSERVATION DISTRICTS AND THEIR SUPERVISORS AND EMPLOYEES; AUTHORIZING CONSERVATION DISTRICTS AND OTHER POLITICAL SUBDIVISIONS TO SATISFY A SETTLEMENT USING FUNDS AUTHORIZED BY 2-9-316; AUTHORIZING CONSERVATION DISTRICTS TO EXECUTE THEIR DUTIES AND RESPONSIBILITIES RELATING TO STREAMBED PRESERVATION UNDER THE PROCEDURES OF TITLE 76, CHAPTER 15; AUTHORIZING CONSERVATION DISTRICTS TO BE INVOLVED IN THE DEVELOPMENT OF VARIOUS WATER PROJECTS; AUTHORIZING CONSERVATION DISTRICTS TO APPLY FOR, ACCEPT, AND EXPEND FUNDS, GRANTS, AND LOANS; AMENDING SECTIONS 2-9-316, 76-15-320, 76-15-403, AND 76-15-501, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A RETROACTIVE APPLICABILITY DATE.



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



     Section 1.  Section 2-9-316, MCA, is amended to read:

     "2-9-316.  Judgments against governmental entities except state. Except as provided in 15-1-402, a political subdivision of the state shall satisfy a final judgment or settlement out of funds that may be available from the following sources:

     (1)  insurance;

     (2)  the general fund or any other funds legally available to the governing body;

     (3)  a property tax, otherwise properly authorized by law, collected by a special levy authorized by law, in an amount necessary to pay any unpaid portion of the judgment or settlement, except that such the levy may not exceed 10 mills;

     (4)  proceeds from the sale of bonds issued by a county, city, or school district for the purpose of deriving revenue for the payment of the judgment or settlement liability. The governing body of a county, city, or school district is hereby authorized to may issue such bonds pursuant to procedures established by law. Property taxes may be levied to amortize such the bonds, provided the levy for payment of any such bonds, settlements, or judgments may not exceed, in the aggregate, 10 mills annually."



     Section 2.  Section 76-15-320, MCA, is amended to read:

     "76-15-320.  Legal status of district -- immunity. (1) A conservation district and the supervisors thereof of a conservation district shall have the power may:

     (a)  to sue and be sued in the name of the district;

     (b)  satisfy a judgment or settlement pursuant to 2-9-316;

     (c)  to have a seal, which seal shall be that is judicially noticed;

     (d)  to have perpetual succession unless terminated as hereinafter provided in this chapter;

     (e)  implement Title 75, chapter 7, part 1; and

     (f)  to make and execute contracts and other instruments necessary or convenient to the exercise of its powers.

     (2)  A conservation district, conservation district supervisor, or conservation district employee is immune from suit for any liability that might otherwise be incurred or imposed for an act or omission committed while engaged in conservation district activities pursuant to Title 75, chapter 7, part 1, or this chapter, unless the act or omission constitutes gross negligence, was committed in bad faith, or was committed with malicious purpose."



     Section 3.  Section 76-15-403, MCA, is amended to read:

     "76-15-403.  Operation of projects and works. A conservation district and the supervisors thereof shall have the power to of the conservation district may:

     (1)  conduct soil, vegetation, and water resources conservation projects on lands within the districts upon obtaining the consent of the owner of such the lands or the necessary rights or interest in such land the lands;

     (2)  carry out preventive and control measures and works of improvement for flood prevention and the conservation, development, utilization, and disposal of water within the district, including but not limited to engineering operations, range management, methods of cultivation, the growing of vegetation, changes in use of land, and the measures listed in 76-15-101(3) on lands:

     (a)  lands within the district and owned or controlled by this the state or any of its agencies with the cooperation of the agency administering and having jurisdiction thereof of the lands; or

     (b)  and on any other lands within the district upon obtaining the consent of the occupier of such the lands or the necessary rights or interests in such the lands;

     (3)  cooperate or enter into agreements with and, within the limits of appropriations duly made available to it by law, furnish financial or other aid to any governmental or other agency, governmental or otherwise, or any occupier of lands within the district in the carrying on of, subject to any conditions that the supervisors consider necessary to advance the purposes of this chapter, to conduct or complete:

     (a)  erosion control and prevention operations,; and

     (b)  works of improvement for flood prevention, and the conservation, development, utilization, and disposal of water within the district, subject to such conditions as the supervisors may deem necessary to advance the purposes of this chapter;

     (4)  construct, improve, operate, and maintain such any structures as may be that are necessary or convenient for the performance of any of the operations authorized in this chapter;

     (5)  take over, by purchase, lease, or otherwise take over, and administer projects undertaken by the United States or the state within the district boundaries for: any

     (a)  soil conservation,;

     (b)  flood prevention,;

     (c)  drainage,;

     (d)  irrigation,;

     (e)  water management,;

     (f)  erosion control,; or

     (g)  erosion prevention project, or combinations thereof, located within its boundaries undertaken by the United States or any of its agencies or by this state or any of its agencies;

     (6)  manage, as agent of the United States or any of its agencies or of this the state or any of its agencies, any soil conservation, flood prevention, drainage, irrigation, water management, erosion control, or erosion prevention project, or combination thereof, of the types of projects identified in subsection (5) within its boundaries;

     (7)  act as agent for the United States or any of its agencies or for this the state or any of its agencies in connection with the acquisition, construction, operation, or administration of any soil conservation, flood prevention, drainage, irrigation, water management, erosion control, or erosion prevention projects, or combination thereof, of the types of projects identified in subsection (5) within its boundaries;

     (8)  accept donations, gifts, and contributions in money, services, materials, or otherwise from the United States, or any of its agencies or from this the state, or any of its agencies or from any other source and use or expend such moneys, services, materials, funds or other contributions in carrying on to conduct its operations;

     (9)  execute its duties and responsibilities under Title 75, chapter 7, part 1, pursuant to the procedures of this chapter; or

     (10) execute projects for the conservation, development, storage, distribution, and utilization of water, including but not limited to projects for the following purposes:

     (a)  irrigation;

     (b)  flood prevention;

     (c)  drainage;

     (d)  fish and wildlife;

     (e)  recreation;

     (f)  development of power; or

     (g)  supplying water for fire protection, livestock, or public, domestic, industrial, or other uses."



     Section 4.  Section 76-15-501, MCA, is amended to read:

     "76-15-501.  Financial management. A conservation district and the supervisors thereof shall have the power to of a conservation district may:

     (1)  borrow money and incur indebtedness and issue bonds or other evidence of such indebtedness;

     (2)  also refund or retire an indebtedness or lien that may exist against the district or property thereof of the district;

     (3)  fix and revise as necessary establish and collect rates, fees, tolls, rents, or other charges for the use of or for services, facilities, and or for services or materials furnished or provided, and revenues. Revenue from these sources may be expended in carrying out the purposes and provisions of this chapter;.

     (4)  cause taxes to be levied in the same manner levy taxes as provided for in this part for the purpose of paying to pay any obligation of the district and to accomplish the purposes of this chapter in the manner herein as provided in this chapter;

     (5)  apply for and receive federal revenue sharing funds in order to carry out the purposes and provisions of this chapter;

     (6)  establish a conservation practice loan program as provided in this part; or

     (7) apply for, accept, administer, and expend funds, grants, and loans from the state or federal government or any other source."



     Section 5.  Two-thirds vote required -- contingent voidness. (1) Because [section 2] limits governmental liability, Article II, section 18, of the Montana constitution requires a vote of two-thirds of the members of each house of the legislature for passage.

     (2)  If [this act] is not approved by at least two-thirds of the members of each house, then [section 2] is void.



     Section 6.  Effective date. [This act] is effective on passage and approval.



     Section 7.  Retroactive applicability. [This act] applies retroactively, within the meaning of 1-2-109, to all occurrences prior to [the effective date of this act] for which a cause of action has not been filed and served upon a conservation district.

- END -




Latest Version of HB 284 (HB0284.ENR)
Processed for the Web on March 31, 1999 (1:50PM)

New language in a bill appears underlined, deleted material appears stricken.

Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted. See the status of the bill for the bill's primary sponsor.

Status of this Bill | 1999 Session | Leg. Branch Home
This bill in WP 5.1 | All versions of all bills in WP 5.1

Prepared by Montana Legislative Services
(406)444-3064