RESOLUTION
2000-10
LOCAL
GOVERNMENT BIDDING REQUIREMENT
Montana statutes require public works contracts let
for an amount in excess of $25,000 must contain a provision requiring the
contractor to pay the standard prevailing wage rate. Yet, contracts below $50,000 do not have
to be bid and Montana counties believe that consistency should be sought
coincident with the dollar amounts in 7-5-2301 MCA which set the levels
requiring competitive bids.
WHEREAS,
18-2-401 (11) MCA defines a “public works contract” as a contract for
construction or non-construction services in excess of $25,000 and 18-2-403 (6)
MCA requires that all public works contracts let for a project costing more
than $25,000 and financed from the proceeds of bonds issued under 17-5-15 MCA
must contain a provision requiring the contractor to pay the standard
prevailing wage rate in effect and applicable to the district in which the work
is being done unless the contractor performing the work has entered into a
collective bargaining agreement covering the work to be performed; and
WHEREAS,
local government bid laws for counties, cities, towns, and consolidated
city-county governments are set forth in code, and, in the case of counties,
require construction, repair or maintenance projects in excess of $50,000 to be
awarded on the basis of competitive advertised bids,
NOW, THEREFORE, BE IT
RESOLVED that 18-2-401 (11)18-2-403 (6) be amended to
coordinate bidding requirements that are consistent with the controlling
statutes located elsewhere in the codes relative to counties, (7-5-2301 MCA),
cities, towns, and consolidated city-county governments:
18-2-401.
Definitions, Unless
the context requires otherwise, in this part, the following definitions apply:
(11) (a) “Public works
contract” means a contract for construction services let by the state, county,
municipality, school district, or political subdivision or for non-construction
services let by the state, county, municipality or political subdivision in
which the total cost of the contract is in excess of $25,000 $50,000. The non-construction services classification
does not apply to any school district that at any time prior to April 27, 1999,
contracted with a private contractor for the provision of non-construction
services on behalf of the district.
And:
18-2-403
Preference of Montana labor in public works - wages - tax-exempt project
- federal exception
(6) A contract, other than
a public works contract, let for a project costing more than $25,000 $50,000
and financed from the proceeds of bonds issued under 17-5-15 MCA or 90-5 or 7
MCA, on or after July 1, 1993, must contain a provision requiring the
contractor to pay the standard prevailing wage rate in effect and applicable to
the district in which the work is being performed unless the contractor
performing the work has entered into a collective bargaining agreement covering
the work to be performed.
SPONSOR: MACo
Transportation Committee
RECOMMENDATION: Do
Pass
PRIORITY: High
REFERRED TO: Transportation
Committee
ADOPTED: Annual
Conference; Havre, Montana
September
27, 2000
2002 ACTION: Reaffirmed,
Annual Conference; Big Sky, MT
September 25, 2002
RESOLUTION
2000-11
BIDDING REQUIREMENTS
FOR
LOCAL GOVERNMENTS
(15-70-101, MCA)
Montana statutes currently provide two different
dollar thresholds for competitive bids.
Montana Counties seek consistency in the dollar amounts cited in the
statutes, which set the levels requiring competitive bids.
Whereas,
15-70-101 MCA requires that all gasoline allocations to counties, cities,
towns, and
consolidated
city-county governments must be disbursed to the lowest responsible bidder
according to
applicable
bidding procedures followed in all cases in which the contract for
construction, reconstruction,
maintenance,
or repair is in excess of $4,000; and
Whereas,
local government bid laws for counties, cities, towns, and consolidated
city-county
governments
are set forth in code, and, in the case of counties, require construction,
repair or
maintenance
projects in excess of $50,000 to be awarded on the basis of competitive
advertised bids,
NOW, THEREFORE, BE IT RESOLVED that
15-70-101 MCA be amended to coordinate
bidding
requirements that are consistent with the controlling statutes located
elsewhere in the codes
relative
to counties, cities, towns, and consolidated city-county governments.
SPONSOR: The MACo
Transportation Committee
RECOMMENDATION: Do Pass
PRIORITY: High
REFERRED TO: Transportation Committee
ADOPTED: Annual Conference;
Havre, Montana
September
27, 2000
2002 ACTION: Reaffirmed, Annual
Conference; Big Sky, MT
September
25, 2002
RESOLUTION
2000-13
Although 7-3-401 MCA, ‘Commission Form’, authorizes
elected officials to appoint their own employees, there is no requirement
that elected officials comply with county personnel policies and
procedures. This resolution asks
the legislature to amend the state statutes to insure that elected county
officials comply with county personnel policies.
WHEREAS,
elected officials, in accordance with 7-3-401 MCA, can appoint their own
employees without approval from county commissioners; and
WHEREAS,
failure to comply with appropriate personnel policies and procedures may create
legal problems for county governments,
NOW, THEREFORE, BE IT
RESOLVED that 7-4-2110 MCA, ‘Supervision of County and
Other Officers’, be amended to give county commissioners the authority to
insure that all advisory boards and county officials, elected and appointed,
comply with county personnel policies and procedures.
SPONSOR: Yellowstone
County
Districts
6 and 7
RECOMMENDATION: Do
Pass
PRIORITY: High
REFERRED TO: Resolutions
Committee
ADOPTED: Annual
Conference; Havre, Montana
September
27, 2000
2002 ACTION: Reaffirmed,
Annual Conference; Big Sky, MT
September
25, 2002
RESOLUTION 2000-16
IN
PATERNITY CASES
40-6-119 (1) MCA provides the Court shall appoint
counsel for a party who is financially unable to obtain counsel in
paternity cases. Of course, payment
for counsel falls on the shoulders of the counties. This law is unusual in that parents do
not have a right to appoint counsel in dissolution cases.
WHEREAS,
40-6-119 (1) MCA reads, “The Court shall appoint counsel for a party who is
financially unable to obtain counsel” in paternity cases; and
WHEREAS,
Montana law only requires appointment of counsel in criminal cases, sanity
cases, and paternity cases; and
WHEREAS,
it makes sense that counsel be appointed in criminal cases and sanity cases
because somebody’s liberty is at stake; and
WHEREAS,
although it would be nice if people could have counsel in all types of cases,
that is not financially feasible, and it is not appropriate to have counties
pay for counsel for people in paternity cases,
NOW, THEREFORE, BE IT
RESOLVED that 40-6-119 (1) MCA be amended to strike the
second sentence which reads, “The court shall appoint counsel for a party who
is financially unable to obtain counsel.”
SPONSOR: Yellowstone
County
Districts
6 and 7
RECOMMENDATION: Do
Pass
PRIORITY: Low
REFERRED TO: Resolutions
Committee
ADOPTED: Annual
Conference; Havre, Montana
September
27, 2000
2002 ACTION: Reaffirmed,
Annual Conference; Big Sky, MT
September
25, 2002
RESOLUTION
2000-25
DEPARTMENT OF CORRECTIONS INMATES
County detention facilities should be
reimbursed for costs retroactive to date of incarceration if inmate is
convicted.
WHEREAS,
Montana counties do not receive incarceration costs while defendants are
awaiting trial in county detention facilities; and
WHEREAS,
the Montana Department of Corrections only pays for detention costs after a
defendant has been convicted;
NOW,
THEREFORE, BE IT RESOLVED that county detention facilities should be
eligible for per day detention cost reimbursement retroactive to the date of
incarceration if said inmate is convicted; and
BE
IT FURTHER RESOLVED that when an inmate held in county detention has been
convicted and sentenced to the Montana Department of Corrections, the Montana
Department of Corrections will be responsible for detention costs at a rate to
be determined by contract from the date of incarceration, amending from the
date of conviction.
SPONSOR: MACo
Justice and Public Safety Committee
RECOMMENDATION: Do
Pass
PRIORITY: High
REFERRED TO: Justice
and Public Safety Committee
ADOPTED: Annual
Conference; Havre, Montana
September
27, 2000
SPONSOR: MACo
Resolutions Committee, June 5, 2002
RECOMMENDATION: Do
Pass
PRIORITY: High
SPONSOR: Justice
and Public Safely Committee, August 21, 2002
RECOMMENDATION: Do
Pass
PRIORITY: High
ADOPTED: Annual
Convention; Big Sky, MT
September
25, 2002
Reduced funding for mental health care has
resulted in minimized or eliminated mental health services. Regional mental health centers should
receive adequate funding to provide necessary treatment.
Whereas, there is not adequate
funding to provide mental health services to the youth and adults of Montana
counties; and
WHEREAS,
reduced funding for mental health care has forced Regional Mental Health
Centers to minimize and/or eliminate mental health services; and
WHEREAS,
limiting access to community mental health services increases pressures on the
state hospital, law enforcement and detention centers, as well as the court
system;
NOW,
THEREFORE, BE IT RESOLVED that the Montana Association of Counties will
fully support legislation to provide adequate funding for Montana Regional
Mental Health Centers to enable them to provide the necessary treatment for
their residents.
SPONSOR: MACo
Health and Human Services Committee
RECOMMENDATION: Do
Pass
PRIORITY: High
REFERRED
TO: Health and Human Service
Committee
ADOPTED:
Annual Conference; Havre, Montana
September
27, 2000
2002
ACTION: Reaffirmed, Annual Conference; Big Sky,
MT
September 25, 2002
RESOLUTION 2000-32
LIMITATION
ON
COUNTY ROAD
AND BRIDGE DEPRECIATION RESERVE FUNDS
The current limit of $200,000 set in Montana Codes for
the County Road or Bridge Depreciation Reserve Fund is not an adequate
amount for many projects which would use the accumulated funds.
Whereas, under current state
law, the governing body of a county may establish a road depreciation and/or a
bridge depreciation reserve fund to be used for acquisition and replacement of
property and equipment; and
Whereas, budgeted county road and
bridge money that has not been expended or encumbered for a fiscal year may be
deposited in said fund which is capped at $200,000 by 7-14-2506 MCA; and
WHEREAS,
many projects or acquisitions can substantially exceed the funds accumulated;
NOW,
THEREFORE, BE IT RESOLVED that the county road depreciation reserve fund
and bridge depreciation reserve fund limitations (7-14-2506 MCA) be amended to
not exceed $500,000.
7-14-2506. County road and bridge depreciation reserve fund -- limitation.
(1) The governing body of a county may establish a road and bridge
depreciation reserve fund to be used for acquisition and replacement of
property, capital improvements, and equipment necessary to maintain and improve
county road and bridge facilities and services.
(2) Budgeted county road and bridge money that has not been expended
or encumbered for a fiscal year may be deposited in the road and bridge
depreciation reserve fund. The fund may
not exceed $200,000 $500,000.
(3) Money in the road and bridge depreciation reserve fund must be
invested as provided by law. Interest
and income from the investment of the road and bridge depreciation reserve fund
must be credited to the fund.
SPONSOR: Pondera
County and MACo Board of Directors
RECOMMENDATION: Do
Pass
PRIORITY: High
REFERRED
TO: Transportation
ADOPTED:
Annual Conference; Havre, Montana
September
27, 2000
2002
ACTION: Reaffirmed, Annual Conference; Big Sky,
MT
September
25, 2002
RESOLUTION
99-7
COUNTY TREASURER DUTIES AND RESPONSIBILITIES
The Association is concerned that activities
at the state level impacting the Department of Revenue may result in a
realignment of duties for collecting and distributing taxes to the
Department. It is maintained that
these duties are statutorily delegated to the county treasurer and any
changes that would involve local government and would be opposed.
WHEREAS, counties in Montana have a county-elected official form of
government that requires by sections 7-3-111 and 7-3-346(1), MCA the election
of a county treasurer; and
WHEREAS, in the past the
legislature has taken action to move many of the functions of county government
from the local offices to state departments; and
WHEREAS, the counties
are not supportive of the removal of the functions from the local elected
county treasurer and feel that this removal would not be in the best interest
of the counties’ residents;
NOW, THEREFORE, BE IT
RESOLVED that the Montana Association of Counties by this resolution reaffirm
total support for retaining the office and duties of the elected county
treasurer as a county office; and
BE IT FURTHER RESOLVED
that any effort to transfer duties currently assigned in law to the county
treasurer or any other local government officer, such as to the Department of
Revenue, will be opposed by the Association.
RECOMMENDATION: Do Pass
PRIORITY: High
REFERRED TO: Taxation, Finance and
Budget Committee
ADOPTED: Annual Conference,
September 29, 1999
2000 ACTION: Reaffirmed, Annual
Conference; Havre, MT
September
27, 2000
2002 ACTION: Reaffirmed, Annual
Conference; Big Sky, MT
September
25, 2002
RESOLUTION 99-8
REVISIONS TO THE LAWS GOVERNING COUNTY
CAPITAL IMPROVEMENT PROGRAMS
The Association is concerned that current law does
not provide enough flexibility for counties in dealing with funding capital
for the replacement or acquisition of property, plant, or equipment costing
in excess of $5,000 and with a life expectancy of five or more years. The
law must allow for greater flexibility and not curb the ability to be
innovative.
EDD
WHEREAS,
under current state law: the governing body of any county may adopt a capital
improvement program and establish a capital improvement fund; and
WHEREAS,
monies for the capital improvement as set forth in the Montana Code Annotated,
7-6-2220, are limited to an annual appropriation of no more than 10% of the
money derived from any one levy; and
WHEREAS,
many projects or acquisition can substantially exceed the funds accumulated on
the basis of the 10% set aside over the course of a ten-year period.
NOW
THEREFORE, BE IT RESOLVED, that capital improvement program funding be amended
to provide for innovative alternatives including consideration for a capital projects “special local option tax”
or “property tax levy” supported by the voters.
SPONSOR:
MACo Districts 1,2, and 3 counties
RECOMMENDATION: Do Pass
PRIORITY: Medium
REFERRED
TO: Tax and Finance
ADOPTED:
Annual
Conference
September
29, 1999
2000
ACTION: Reaffirmed,
Annual Conference; Havre, MT
September
27, 2000
2002
ACTION: Reaffirmed,
Annual Conference; Big Sky, MT
September
25, 2002
RESOLUTION
98-18
SAFEGUARDING
COUNTY INTEREST INCOME
|
With the effort to
restructure the Department of Revenue and modify the "county
collection" process, increased concern has resulted that the State will
eventually take over current county functions and eliminate duties of current
county officials and even alter responsibilities for such things as
collecting various taxes. This
resolution speaks to the need to protect county resources. |
WHEREAS, under current state law: County
Treasurers collect and deposit various tax revenues to the benefit of the
state, the county, school districts, and other taxing jurisdictions in the
county; and
WHEREAS, the interest earnings from the
deposits and investments accrue to the benefit of the county and other public
taxing jurisdictions and serve to reduce property taxes and provide additional
income that helps these entities provide and maintain programs and services.
NOW THEREFORE, BE IT RESOLVED, that if a
state agency, such as the Department of Revenue, (DOR), the Office of Public
Instruction, (OPI), assumes the tax collection responsibilities for any county,
the State agency will electronically transfer these revenues to the County
Treasurer on a "same day” basis or the agency will pay interest on the
amounts collected from the time of collection until the time that the actual
transfer of said funds to the county occurs.
BE IT FURTHER RESOLVED that the Montana
Association of Counties supports this resolution to safeguard the interest
earnings of all local government taxing jurisdictions.
SPONSOR: Powell County
REFERRED
TO: Taxation and Finance
Committee
ADOPTED: Annual Convention
September 30,
1998
1999 ACTION: Reaffirmed, Annual Conference
September
29, 1999
2002 ACTION: Reaffirmed, Annual Conference; Big Sky, MT
September 25, 2002
RESOLUTION
2000-03
UNDERFUNDED STATE MANDATE FOR LOCAL BOARDS OF HEALTH
TO INSPECT FOOD ESTABLISHMENTS
AND
TO ENFORCE FOOD SAFETY REGULATIONS
State law requires local governments,
through local Boards of Health, to conduct food inspections but does not
provide adequate fees or other sources of revenue to cover the costs of
doing so.
WHEREAS, insuring
that suppliers and retailers of food are using practices and equipment
necessary to provide safe products is an essential public health responsibility
that is vital to preventing disease, injury, premature death and adverse
economic impact among Montanans and visitors to our state; and
WHEREAS,
50-50-301 MCA requires that local boards of health conduct inspections and
enforce food safety rules; and
WHEREAS,
1-2-112 MCA states “a law enacted by the legislature that requires a local
government unit to perform an activity or provide a service or facility that
requires direct expenditure of funds must provide a specific means to finance
the activity, service or facility other than mill levies or the all purpose
mill levy;” and
WHEREAS,
50-50-205 (1) MCA provides counties with 85% of the $60 license fee without
providing for inflationary adjustments over time while 50-50-205 (2) prevents
local government from collecting any additional fees to provide for
inflationary adjustments; and
WHEREAS,
the October 1996 Performance Audit Report on the Food and Consumer Safety
Section of the Department of Public Health and Human Services prepared by
the Legislative Auditor states, “We estimate license fees currently support
approximately 35% of the total cost of Montana Food and Consumer Safety Section
related programs;” and
WHEREAS,
FY 2000 data show the percentage of costs covered by license fees continuing to
decline to an average of 28% thereby requiring counties, via local health
boards, to subsidize an average 72% of costs for conducting required
inspections, education and enforcement; and
WHEREAS,
paying the majority of costs and the inflationary costs of state-mandated
programs drains local funds for other essential programs; and
WHEREAS,
in October 1996, the Legislative Audit Division recommended that, “The
Department (DPHHS) seek legislation to establish an equitable license fee
assessment approach which reflects risk to public health;” and
WHEREAS,
the Montana Department of Public Health and Human Services (DPHHS) reports
multiple food borne disease outbreaks in the
state through its voluntary reporting system; and
WHEREAS, the
most recent fee adjustment was authorized by the 1989 Legislature,
NOW, THEREFORE, BE IT
RESOLVED that the Montana Association of Counties finds
that:
1) the food safety program is essential to
protecting the health of Montana’s citizens and visitors;
2) the level of funding provided by 50-50-205
MCA for the mandated food inspection program is inconsistent with the intent of
1-2-112 MCA; and
3) inadequate fee revenue to conduct this state
mandate creates an increasing and unacceptable demand on local property tax
revenue and threatens delivery of this program and local essential services;
and
BE IT FURTHER RESOLVED
THAT the Montana Association of Counties actively
seek and support legislation that:
1) assesses license fees adequate to reimburse
counties for the full costs of food safety program delivery;
2) establishes risk categories for equitable
fee assessment; and
3) provides a mechanism for inflationary
adjustments on a six to eight year basis.
SPONSOR: Lewis and Clark
County
Districts
8, 9 and 12
RECOMMENDATION: Do Pass
PRIORITY: High
REFERRED TO: Health and Human Services
Committee
ADOPTED: Annual
Conference; Havre, Montana
September
27, 2000
August
21, 2002 meeting
RECOMMENTATION: Tabled,
Returned to MACo Health & Human Services Committee
for further consideration.