UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT ELIMINATING COUNTY CLASSIFICATION; PROVIDING FOR THE CLASSIFICATION OF A CONSOLIDATED MUNICIPALITY COMMISSION TO BE BASED ACCORDING TO POPULATION; AMENDING SECTIONS 7-3-1214, 76-1-111, 76-1-403, 76-1-404, AND 80-7-814, MCA; REPEALING SECTIONS 7-1-2111, 7-1-2112, AND 76-1-405, MCA; AND PROVIDING AN EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 7-3-1214, MCA, is amended to read:
"7-3-1214. Consolidated municipality commission. (1) Except as otherwise provided in this part or part 13 or this
part, all powers of the consolidated municipality are vested in a commission. For the purpose of determining the number of
members composing the commission, consolidated municipalities organized under the provisions of this part and part 13 and
this part shall must be classified and all of the provisions of 7-1-2111 and 7-1-2112 govern and control the classification of
the consolidated municipalities based on the population of the consolidated municipality.
(2) (a) In consolidated municipalities of the first class with populations of 10,000 or more, the commission shall must
consist of seven members.
(b) In consolidated municipalities of the second class, third class, or fourth class with populations of 1,000 but less than
10,000, the commission shall must consist of five members.
(c) In consolidated municipalities of the fifth class, sixth class, or seventh class with populations less than 1,000, the
commission shall must consist of three members."
Section 2. Section 76-1-111, MCA, is amended to read:
"76-1-111. Representation of county or additional cities or towns on existing boards. (1) Any city, county, or town or any combination of cities, counties, or towns wishing to be represented upon an existing planning board may, by agreement of the governing body or bodies then represented on the board, obtain representation on the board and share in the membership duties and costs of the board upon a basis agreeable to the governing body or bodies creating the board.
(2) The membership as well as the jurisdictional area of any board may be increased to provide for representation and planning of any additional cities, counties, or towns seeking representation.
(3) Any city, county, or town that becomes represented upon an existing planning board pursuant to this section may
appropriate funds for expenses necessary to cover the costs of representation. Subject to 15-10-420, the governing bodies of
any represented city or county may levy on all property that is added to the jurisdictional area of an existing board by
representation a tax for planning board purposes under procedures set forth in Title 7, chapter 6, part 23 or part 42,
whichever is applicable. The tax may not exceed the maximum levy authorized in 76-1-402 through 76-1-407."
Section 3. Section 76-1-403, MCA, is amended to read:
"76-1-403. Tax levy by county for certain county planning districts authorized. When a county planning board has
been established, the board of county commissioners may create a planning district that must include the property that lies
outside the limits of the jurisdictional area, as established pursuant to 76-1-504 through 76-1-507 or as modified pursuant to
76-1-501 through 76-1-503, in counties where a city-county planning board has been established as well as that property that
lies outside the limits of any incorporated cities and towns. Subject to 15-10-420, the board of county commissioners may
levy a tax on the taxable value of all taxable property located within the planning district a tax not to exceed the maximum
levy authorized by 76-1-405 for planning board purposes, under procedures set forth in Title 7, chapter 6, part 23."
Section 4. Section 76-1-404, MCA, is amended to read:
"76-1-404. Tax levy by county for city-county planning board authorized. When a city-county planning board has
been established, the board of county commissioners may create a planning district that must include the property within the
jurisdictional areas, as established pursuant to 76-1-504 through 76-1-507, that lies outside the limits of any incorporated
cities and towns. Subject to 15-10-420, the board of county commissioners may levy on all property located within the
planning district a tax for planning board purposes, under procedures set forth in Title 7, chapter 6, part 23. The tax may not
exceed the maximum levy authorized in 76-1-405."
Section 5. Section 80-7-814, MCA, is amended to read:
"80-7-814. Administration and expenditure of funds. (1) (a) Except as provided in subsection (1)(b), money deposited in the noxious weed management trust fund may not be committed or expended until the principal reaches $2.5 million, except in the case of a noxious weed emergency as provided in 80-7-815. Once this amount is accumulated, interest or revenue generated by the trust fund and by other funding measures provided by this part must be deposited in the special revenue fund and may be expended for noxious weed management projects in accordance with this section, as long as the principal of the trust fund remains at least $2.5 million.
(b) Money deposited as principal in the trust fund from 80-7-822 pursuant to 80-7-810(2) may not be expended until the principal of the trust fund reaches $10 million. However, interest or revenue generated by the trust fund must be deposited in the special revenue fund and may be expended for noxious weed management projects in accordance with this section.
(2) The department may expend funds under this section through grants or contracts to communities, weed control
districts, or other entities it considers appropriate for noxious weed management projects. A project is eligible to receive
funds only if the county in which the project occurs has funded its own weed management program with a levy in an amount
not less than 1.6 mills or an equivalent amount from another source or by an amount of not less than $100,000 for first-class
counties, as defined in 7-1-2111.
(3) The department may expend funds without the restrictions specified in subsection (2) for the following:
(a) employment of a new and innovative noxious weed management project or the development, implementation, or demonstration of any noxious weed management project that may be proposed, implemented, or established by local, state, or national organizations, whether public or private. The expenditures must be on a cost-share basis with the organizations.
(b) cost-share noxious weed management programs with local weed control districts;
(c) special grants to local weed control districts to eradicate or contain significant noxious weeds newly introduced into the county. These grants may be issued without matching funds from the district.
(d) administrative expenses of the department for managing the noxious weed management program and other provisions of this part. The cost of administering the program may not exceed 12% of the total program expenses.
(e) administrative expenses incurred by the noxious weed management advisory council;
(f) a project recommended by the noxious weed management advisory council, if the department determines the project will significantly contribute to the management of noxious weeds within the state; and
(g) grants to the agricultural experiment station and the cooperative extension service for crop weed management research, evaluation, and education.
(4) The agricultural experiment station and cooperative extension service shall submit annual reports on current projects and future plans to the noxious weed management advisory council.
(5) In making expenditures under subsections (2) and (3), the department shall give preference to weed control districts and community groups.
(6) If the noxious weed management trust fund is terminated by law, the money in the fund must be divided between all counties according to rules adopted by the department for that purpose."
NEW SECTION. Section 6. Repealer. Sections 7-1-2111, 7-1-2112, and 76-1-405, MCA, are repealed.
NEW SECTION. Section 7. Contingent voidness. If House Bill No. 124 and House Bill No. 345 are not passed and approved, then [this act] is void.
NEW SECTION. Section 8. Effective date. [This act] is effective July 1, 2001.
- END -
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