1999 Montana Legislature

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HOUSE BILL NO. 622

INTRODUCED BY J. WITT



A BILL FOR AN ACT ENTITLED: "AN ACT CREATING PROVIDING FOR AN INTERIM LOCAL GOVERNMENT FUNDING AND STRUCTURE STUDY COMMITTEE AND AN INTERIM COURT FUNDING AND STRUCTURE STUDY COMMITTEE; PROVIDING FOR AN APPROPRIATION FUNDING; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."



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



     NEW SECTION.  Section 1.  Local government and court funding and structure committees -- membership -- purpose STUDY. (1) There is an interim local government funding and structure committee composed of 16 13 members. The members must include:

     (a)  two members from the house of representatives, one from each party, appointed by the speaker of the house;

     (b)  two members from the senate, one from each party, appointed by the senate committee on committees;

     (c) four THREE members appointed by the Montana association of counties;

     (d) two members appointed by the Montana league of cities and towns;

     (e) two members ONE MEMBER appointed by the Montana county treasurers association;

     (f) two members ONE MEMBER from the state executive branch of government appointed by the governor; and

     (G) ONE MEMBER APPOINTED BY THE MONTANA SCHOOL BOARDS ASSOCIATION; AND

     (g)(H) two members ONE MEMBER of the general public appointed by the governor.

     (2) The names of the committee members must be certified to the department of administration by July 1, 1999.

     (3) There is an interim court funding and structure committee composed of 14 13 members. The members must include:

     (a) two members from the house of representatives, one from each party, appointed by the speaker of the house;

     (b) two members from the senate, one from each party, appointed by the senate committee on committees;

     (c) two members ONE MEMBER appointed by the chief justice of the Montana supreme court;

     (d) one member appointed by the Montana league of cities and towns;

     (e) one member appointed by the Montana association of counties;

     (f) one member representing the Montana judges association;

     (g) one member representing the Montana magistrates association;

     (h) one member representing the Montana association of clerks of court;

     (i) one member representing the Montana state bar association; and

     (j) two members from the general public appointed by the governor.

     (4) The names of the committee members must be certified to the department of administration by July 1, 1999.

     (5)  (a) The members of each committee shall select a presiding officer and may appoint other officers as considered necessary.

     (b) The committees may adopt rules of procedure for conducting meetings.

     (c) The presiding officer of each committee shall schedule meetings and shall direct the staff of the department of administration to give notice of the time and place of meetings to the committee members and to the public.

     (6)  (a) The purpose of the committees is to (1) (A) IF AND TO THE EXTENT THAT TIME, RESOURCES, AND PERSONNEL OF THE DEPARTMENT OF ADMINISTRATION, OTHER STATE AND LOCAL GOVERNMENT ENTITIES AND AGENCIES, AND THE PRIVATE SECTOR ARE AVAILABLE, THE DEPARTMENT SHALL conduct a study of funding local government, including the courts, to ascertain the best method of allocating current and future resources while providing a complementary funding relationship between local government and state government. This complementary funding relationship must provide stable and reliable revenue streams to local governments, including the courts. The study must explore regional concepts, as well as further lifting of local government revenue restrictions and de-earmarking of revenue to local governments. The complementary funding relationship must meet the criteria set forth in the following vision statement, adopted by the local government funding and school finance visioning group:

     "We are dedicated to partnerships among the state, counties, cities, and school districts that are based on mutual trust and respect for local authority. This partnership will enable all governments to respond to the demands of their citizens in the 21st century through a mix of taxes and fees that is understandable, equitable, stable, and adequate. The collection and distribution system for these taxes and fees will be simple, efficient, accurate, and timely."

     (b) The committees shall coordinate their work and shall report to each other after each meeting. The two committees shall meet together at least once every 6 months.

     (c)(B)  (i) The committees DEPARTMENT shall make interim reports to the governor, the chief justice, and the leadership of each house of the legislature every 6 months.

     (ii) The committees DEPARTMENT shall submit a written report to the legislature not later than December 1, 2000, that must include recommendations and proposed bill drafts necessary to implement any legislative proposals to streamline the functions of local government, including courts and a complementary funding structure between state and local governments.

     (7)  (a) Each committee (2) THE DEPARTMENT is authorized to request directly from any agency, board, or commission any relevant information, suggestions, estimates, and statistics, and each agency, board, or commission shall furnish requested information to the best of its ability.

     (b) The committees are attached to the department of administration for administrative and staff purposes. Further, the committees may use the resources of the legislative, judicial, and executive branch agencies to accomplish their studies.

     (8) Members of the committees must be reimbursed in accordance with 2-18-501 for actual and necessary expenses incurred in attending meetings or conducting committee business.



     NEW SECTION.  Section 2.  Funding -- appropriation. (1) The committees established FOR PURPOSES OF CONDUCTING THE STUDY REFERRED TO in [section 1], THE DEPARTMENT may receive gifts, grants, and donations. The money received must be used for fulfilling the duties of the committees, for reimbursing the expenses of committee members, or for providing staff for the committees. The money received must be placed in a special revenue fund account to the credit of the committees DEPARTMENT.

     (2) In addition to any funds received pursuant to subsection (1), there is appropriated $200,000 $100,000 from the general fund to the committees created pursuant to the provisions of [section 1] for the biennium for the operating expenses and personnel expenses of the committees.



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

- END -




Latest Version of HB 622 (HB0622.03)
Processed for the Web on April 10, 1999 (1:51PM)

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