1999 Montana Legislature

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HOUSE BILL NO. 351

INTRODUCED BY M. BRAINARD



A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING RATIFICATION OF A LOCAL MASTER PLAN BY TWO-THIRDS OF THE VOTING ELECTORS; AMENDING SECTION 76-1-604, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."



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



     Section 1.  Section 76-1-604, MCA, is amended to read:

     "76-1-604.  Adoption, revision, or rejection of master plan. (1) The governing bodies shall adopt a resolution of intention to adopt, revise, or reject the proposed plan or any of its parts.

     (2)  If the governing bodies adopt a resolution of intention to adopt the proposed plan or any of its parts, they may, in their discretion, shall submit to the qualified electors of the jurisdictional area included within covered by the proposed plan at the next primary or general election or at a special election the referendum question of whether or not the plan should be adopted. A special election must be held in conjunction with a regular or primary election. Except as provided in this section, the provisions of Title 7, chapter 5, part 1, apply to the referendum election. The plan is adopted if two-thirds of those voting on the question vote in favor of adoption.

     (3)  The governing bodies may adopt, revise, or repeal a master plan under this section. The governing body shall submit the question of whether or not to revise or repeal the plan to the qualified electors of the jurisdictional area as provided in subsection (2).

     (4)  The qualified electors of the jurisdictional area included within the master plan may by initiative or referendum, as provided in 7-5-131 through 7-5-137, adopt, revise, or repeal a master plan under this section."



     NEW SECTION.  Section 2.  Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].



     NEW SECTION.  Section 3.  Effective date. [This act] is effective on passage and approval.

- END -




Latest Version of HB 351 (HB0351.01)
Processed for the Web on January 22, 1999 (8:49AM)

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