1999 Montana Legislature

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HOUSE JOINT RESOLUTION NO. 29

INTRODUCED BY B. BARNHART, T. HAGENER

Montana State Seal

A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA REQUESTING AN INTERIM STUDY OF LAWS AFFECTING LOCAL GOVERNMENTS AND LOCAL OFFICIALS; AUTHORIZING THE COMMITTEE TO REQUEST ASSISTANCE IN THE CONDUCT OF THE STUDY; REQUESTING THAT DRAFT LEGISLATION BE PREPARED TO PROVIDE CONSISTENCY IN THE CONDUCT OF COUNTY AND CITY BUSINESS; AND REQUESTING A COMPREHENSIVE DESCRIPTION OF THE COMMITTEE'S FINDINGS AND CONCLUSIONS.



     WHEREAS, the 21st century promises local governments new challenges, new requirements, reaffirmed and new expectations, and new opportunities; and

     WHEREAS, Montana's local governments and local officials labor under state laws that are often anachronisms left behind from the 19th century; and

     WHEREAS, the Legislature is the branch of government authorized and duty-bound to provide clear, modern, effective, and flexible guidelines, in the form of laws, to pilot local governments and local officials in carrying out the duties and responsibilities that citizens have come to expect; and

     WHEREAS, the Legislature recognizes its responsibilities in light of providing clear statutory authority and direction to local governments and local officials; and

     WHEREAS, the Legislature wishes to embark on a collaborative effort to modernize state laws affecting local governments and local officials.



NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:

     That the Legislative Council be requested to designate an appropriate legislative committee to:

     (1) develop an understanding of the origins of state laws affecting local government and how the original intent may no longer be relevant or necessary or may be so corrupted through piecemeal change as to have become negated;

     (2) work with individuals who are knowledgeable about and experienced in the practical, legal, financial, intergovernmental, and related issues confronting local governments and local officials; and

     (3) develop a comprehensive set of goals and objectives that should be contained in and reflected by the duties, responsibilities, and authority accorded to local governments and local officials in the 21st century.

     BE IT FURTHER RESOLVED, that the committee designated by the Legislative Council to conduct the study of local government be requested to prepare proposed legislation that will provide consistency in simple administrative matters, including:

     (1) requirements for public notice and public hearings. In its investigation of matters involving public notification and public hearings, the committee should consider the availability and use of technology, including potential availability and uses.

     (2) requirements for records management, including storage and retention;

     (3) local elections;

     (4) contracting and bidding; and

     (5) other matters generally regarding the conduct of county and city business.

     BE IT FURTHER RESOLVED, that the committee may request assistance from any agency of state government, from any local government or any representative of local government, from the Montana University System, or from knowledgeable citizens.

     BE IT FURTHER RESOLVED, that the committee, prior to September 15, 2000, be requested to:

     (1) prepare a comprehensive delineation of its findings and conclusions; and

     (2) identify options, including legislation if appropriate, for consideration by the 57th Legislature.

- END -




Latest Version of HJ 29 (HJ0029.ENR)
Processed for the Web on March 31, 1999 (2:16PM)

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