RESOLUTION 2002-1

WIRELESS COMMUNICATION STANDARDIZED REGULATIONS

WHEREAS, in Montana, there are no statutes that provide regulations or guidelines to address wireless communications facilities; and

WHEREAS, the demand by citizens for new wireless communications services has produced an increased need for installation towers and antenna to serve areas within municipalities; and,

WHEREAS, local government increasingly receives applications from wireless communication providers,

NOW, THEREFORE, BE IT RESOLVED that the Montana Association of Counties seek to establish legislation that regulates wireless communications services in conformity with the authority outlined in the federal Telecommunications Act of 1996, which will provide:

1. regulations and guidelines to accommodate the increasing communication needs of Montanans; and

2. authority to local jurisdictions to meet the wireless communications services goals of their growth policies; and,

3. support of subdivision regulations and other ordinances that may be established to assure the maintenance of public health, safety, convenience, natural resources, visual environment, co-location of wireless communication providers, appearance, and general welfare.

SPONSOR: Information Technology Committee

RECOMMENDATION: Do Pass

PRIORITY: High

REFERRED TO: I.T.C.

ADOPTED: Annual Conference; Big Sky, MT September 25, 2002

RESOLUTION 2002-2

INTERNET MOTOR VEHICLE REGISTRATION RENEWAL

It is the intent of the Montana Association of Counties to provide for motor vehicle registration renewal via the Internet for all Montanans.

WHEREAS, Motor Vehicle Registration Renewal is one of the most frequently required County services; and

WHEREAS, the public often has to travel long distances and wait in lines taking valuable time during business hours to renew existing motor vehicle registrations; and

WHEREAS, the technology exists to provide Internet registration renewals in the State of Montana and 61-3-345 MCA requires the Department of Justice to maintain the statewide motor vehicle computer system utilized by all county motor vehicle departments;

WHEREAS, Internet registration renewal could be at the option of the owner; (Those who would rather register their vehicle in person or through the mail could do so); and

WHEREAS, Internet motor vehicle registration renewal would require funding sources and cooperation between various state and local governments; and

WHEREAS, Internet registration renewal would reduce long lines, owner expense and travel time and would, therefore, be in the public interest.

NOW, THEREFORE, BE IT RESOLVED that the Montana Association of Counties supports the immediate development and deployment of an Internet motor vehicle registration renewal system.

SPONSOR: Information Technology Committee

RECOMMENDATION: Do Pass

PRIORITY: High

REFERRED TO: Information Technology Committee

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002-3

WILDLIFE MANAGEMENT TO PREVENT DEPREDATION OF CROPS,

CROPLAND AND RANGELAND

It is the intent of the Montana Association of Counties to seek legislation to require the State of Montana to manage wildlife in a sustainable manner.

WHEREAS, private landowners manage livestock numbers on private range and cropland in a sustainable manner; and

WHEREAS, private landowners maintain livestock numbers to reflect

WHEREAS, Section 87-1-301 M.C.A. grants to the Montana Fish, Wildlife and Parks Commission the authority to establish wildlife seasons and harvest quotas; and

WHEREAS, Section 87-1-304 M.C.A. authorizes the Commission to fix seasons, bag limits, possession limits and season limits and to open or close or shorten or lengthen seasons on any species of game, bird, fish or fur-bearing animal; and

WHEREAS, the Commission has determined target populations for several game species by the adoption of species-specific management plans; and

WHEREAS, current wildlife numbers exceed the target populations in many areas; and

WHEREAS, the carrying capacity of public lands has been reduced by successive years of drought, forcing many game animals to leave public lands in search of adequate food; and

WHEREAS, this migration from public lands to private land has caused depredation of crops and range causing serious economic hardship to private property owners,

NOW THEREFORE, BE IT RESOLVED that the Montana Association of Counties seek legislation to require the Montana Fish, Wildlife and Parks Commission to set harvest quotas and regulate the harvest of wildlife in a manner that represents biologically sound management of big game populations of deer, elk and antelope to control the impacts those game animal populations have on private property.

SPONSOR: MACo Agriculture Committee

RECOMMENDATIONS: Do Pass

PRIORITY: High

REFERRED TO: MACo Agriculture Committee

ADOPTED: Annual Conference, Big Sky, MT

September 25, 2002

RESOLUTION 2002-4

LOCAL DROUGHT ADVISORY COMMITTEES

WHEREAS, the drought which occurred in Montana in 1988 called attention to the fact that Montana needed a unified plan for mitigating the effects of drought; and

WHEREAS, the Legislature of the State of Montana created a state-wide drought committee, the Montana Drought Advisory Committee, via HB 537 (1991); and

WHEREAS, HB 537 provided for the creation of local drought advisory committees; and

WHEREAS, not all counties have created local drought advisory committees; and

WHEREAS, the benefits to be derived by local communities from the creation of a local drought advisory committee are numerous,

NOW THEREFORE, BE IT RESOLVED that the Montana Association of Counties supports the creation of local Drought Advisory Committees in every county in the State; and

BE IT FURTHER RESOLVED that these Local Drought Advisory Committees be comprised of a broad membership representing a cross-section of interests.

SPONSOR: MACo Agriculture Committee

RECOMMENDATIONS: Do Pass

PRIORITY: High

REFERRED TO: MACo Agriculture Committee

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002-5

COUNTY WEATHER STATION PROJECT

It is the intent on the Montana Association of Counties to support

the use of data generated by county operated/maintained weather monitoring stations to affect changes in national policy in determining disaster declarations and implementation of Farm Service Agency programs.

WHEREAS, the current methods for determining disaster declarations used by the Farm Service Agency does not accurately reflect localized conditions; and

WHEREAS, FSA policies do not recognize actual conditions in determining disaster declarations,

NOW, THEREFORE, BE IT RESOLVED that MACo supports using expanded scientific data collected at county monitoring stations in addition to National Weather Service data for determining disaster declarations and the implementation of FSA programs; and

BE IT FURTHER RESOLVED that disaster designation thresholds be based upon available data generated by NWS and local monitoring stations established within counties. The data should include but not be limited to precipitation, wind speed, soil temperature, air temperature, evapo-transpiration, evaporation, soil moisture and snow cover. All weather data used to determine the disaster threshold should be collected within similar geographic regions and should come from any recognized data source including county collection stations.

SPONSOR: MACo Agriculture Committee

RECOMMENDATION: Do Pass

PRIORITY: Medium

REFERRED TO: MACo Agriculture Committee

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002-8

ADMINISTRATION FOR INDIGENT DEFENSE

AND YOUTH IN NEED OF CARE

It is the intent of the Montana Association of Counties to establish the State of Montana as the entity responsible for the administration of indigent defense and appointment of counsel for youth in-need-of-care cases.

WHEREAS, MCA 3-5-901 identifies eligible costs reimbursable under the State’s district court reimbursement program; and

WHEREAS, the costs identified under MCA 3-5-901 are related to judicial matters; and

WHEREAS, the State of Montana has assumed costs associated with the district courts; and

WHEREAS, counties should not be responsible and are not structured to properly evaluate the effectiveness of judicial matters,

NOW, THEREFORE, BE IT RESOLVED that The Montana Association of Counties support the State assumption of costs identified in MCA 3-5-901.

SPONSER: Study Commission, Youth in Need of Care,

Yellowstone County, District 6 & 7

RECOMMENDATION: Do Pass

PRIORITY: High

REFERRED TO: MACo Health and Human Services Committee

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002-9

COUNTY USE OF STATE WATERS

It is the intent of the Montana Association of Counties to exempt local governments from the requirement to lease water rights.

WHEREAS, local governments are an extension of the State of Montana; and

WHEREAS, the use of State of Montana waters by local government is for the beneficial use of the citizens of the State of Montana; and

WHEREAS, complying with the requirements of MCA 85-2-410 is impractical for local governments and lessors; and

WHEREAS, the water used for road construction and dust control by contractors and local governments is not of significant amounts,

NOW, THEREFORE, BE IT RESOLVED that the Montana Association of Counties seek to amend MCA 85-2-410 to exempt local governments from the requirement to lease Montana water rights.

SPONSOR: Carbon County

RECOMMENDATION: Do Pass

PRIORITY: High

REFERRED TO: MACo Resolutions Committee and

MACo Transportation Committee

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

SOLUTION 2002 –10

PAYMENT OF LOCAL REGISTRAR FEES

It is the intent of the Montana Association of Counties to propose legislation that if the Local Registrar, appointed by the Department of Health and Human Services, is employed by a county, the fee should be paid to the county department where the registrar is employed.

WHEREAS, Title 50, Chapter 15, Part 3 of Montana Code Annotated provides for the appointment of a “local registrar” by the Department of Public Health and Human Services to report to on a monthly basis all births, deaths and fetal deaths and to designate a fee to be paid for these services out of the county treasury; and

WHEREAS, the task of reporting vital statistics is often done by county employees.

NOW, THEREFORE, BE IT RESOLVED that the Montana Association of Counties proposes that if the local registrar, appointed by the Department of Public Health and Human Services, is a county employee, the fee should be paid to the county department where the registrar is employed.

PROPOSED LANGUAGE:

50-15-107. Payment of fees to local registrars. (1) The department may specify by regulation a fee to be paid each local registrar for each complete birth, death, or fetal death certificate forwarded by the local registrar to the department or a monthly report stating the local registrar did not file certificates.

(2) The department shall annually certify to the county treasurer the number of births, fetal deaths, deaths, or monthly reports received from his county with the names of the local registrars and the amount due each.

(3) The treasurer shall pay each local registrar out of the county general fund.

(4) If the local registrar is employed by a county , payment made from the county treasury shall be made to the department in which the registrar is employed.

SPONSOR: Fergus County, Districts 6 & 7

RECOMMENDATION: Do Pass

PRIORITY: High

REFERRED TO: MACo Resolution Committee

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002-11

COMPENSATION OF ELECTION JUDGES

It is the intent of the Montana Association of Counties

to support an increase in pay for election judges.

WHEREAS, Montana counties want to recruit and retrain election judges; and

WHEREAS, some counties wish to pay election judges more than prevailing federal minimum wage,

NOW, THEREFORE, BE IT RESOLVED that the Montana Association of Counties support legislation which would amend 13-4-106 (1) MCA to insert and remove as follows (2), “election judges must be paid at no less than the prevailing federal minimum wage…..”

SPONSOR: Lewis and Clark County

Districts 8, 9 and 10

RECOMMENDATIONS: Do Pass

PRIORITY: High

REFERRED TO: MACo Resolutions Committee, Clerk & Recorders

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002-12

ARCHITECTURAL, ENGINEERING AND LAND SURVEYING

CONTRACTS AND FEE LIMITATION

It is the intent of the Montana Association of Counties to raise the fee limit for architectural, engineering and/or land surveying.

Whereas, under current state law, the governing body of a county may not contract and/or directly negotiate for architectural, engineering or surveying services which may cost over $10,000; and

Whereas, small projects or improvements to existing projects may have costs beyond $10,000 and necessitate a lengthy bidding and/or negotiation process;

NOW, THEREFORE, BE IT RESOLVED that MCA 18-8-212 be amended to allow contracts for services by direct negotiation not to exceed $20,000.

18-8-212. Exception.

(1) All agencies securing architectural, engineering, and land surveying services for projects for which the fees are estimated not to exceed $10,000 $20,000 may contract for those professional services by direct negotiation.

(2) No agency may separate service contracts or split or break projects for the purpose of circumventing the provisions of this part.

SPONSOR: MACo Transportation Committee and MACRS

RECOMMENDATION: Do Pass

PRIORITY: High

REFERRED TO: MACo Transportation Committee and MACRS

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002-14

AMENDING THE UNIFROM UNCLAIMED PROPERTY ACT

It is the intent of the Montana Association of Counties to seek legislation exempting government, governmental subdivisions, agencies or instrumentalities from the provisions of the Uniform Unclaimed Property Act, MCA 70-9-801, et seq.

Whereas, the Uniform Unclaimed Property Act directs the Department of Revenue to conduct audits to determine the existence of unclaimed property, tangible or fixed or owed in the course of a holder’s business as well as all income or increments from the property; and

Whereas, all property that is presumed abandoned, whether located in this or another state, is subject to the custody of this state; and

Whereas, this presumes to include such property held in the course of business by the government or governmental subdivisions, agencies, or instrumentalities, and more specifically, Counties.

Now, therefore, be it resolved that the Montana Association of Counties will seek to establish a legislative exemption for governmental subdivisions, agencies or instrumentalities thereof.

SPONSOR: MACo RESOLUTIONS COMMITTEE

RECOMMENDATION: Do Pass

PRIORITY: High

REFERRED TO: MACo RESOLUTIONS COMMITTEE

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002-15

TO EXCLUDE LEVIES PLEDGED FOR THE REPAYMENT OF

BONDED INDEBTEDNESS

It is the intent of the Montana Association of Counties to seek legislation to exempt levies pledged against indebtedness from the provisions for voter approval established in MCA 15-10-420.

Whereas, local government have debt mechanisms which are predicated upon the local governments ability to guarantee to make payments, if necessary, through taxes levied against property within the local government jurisdiction; and

Whereas, under MCA 15-10-412, such an exemption was provided and the limitation on the amount of taxes levied did not apply to “levies pledged for the repayment of bonded indebtedness, including tax increment bonds;” and

Whereas, Bond Counsel is hesitant to provide unqualified opinions as to the issuance of debt, based upon repayment being dependent upon subsequent approval of the voters, for debt issued on their behalf.

Now, therefore, be it resolved that the Montana Association of Counties will seek to amend MCA 15-10-420, consistent with the exemption previously authorized in MCA 15-10-412.

SPONSOR: MACo Joint Powers Insurance Authority

RECOMMENDATION: Do Pass

PRIORITY: High

REFERED TO: MACo RESOLUTIONS COMMITTEE

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002-16

REVISING THE COMPETITIVE BIDDING

REQUIREMENTS FOR CERTAIN LARGE

PURCHASES OR CONSTRUCTION CONTRACTS

It is the intent of the Montana Association of Counties to seek legislation to

clarify that if counties bid large purchases or construction contracts, such contracts must not be entered into without first publishing notices and calling for bids.

Whereas, legislation was sought in 1999 to increase the dollar amount at which counties would have to publish a notice and call for bids before entering into a contract from $20,000 to a uniform $50,000, and

Whereas, said legislation was amended so as to require that a contract “must be entered into by a county” for purchases and construction in excess of $50,000; and

Whereas, this eliminates the possibility of the county to choose to construct or repair, roads or bridges, using county resources and county personnel.

Now therefore, be it resolved that the Montana Association of Counties will seek to amend MCA 7-5-2301 to be consistent with the original intent as set forth in MACo resolution 96-18 and the introduced version of House Bill 338 passed in the 1999 legislative session.

SPONSOR: MACo TRANSPORTATION COMMITTEE

RECOMMENDATION: Do Pass

PRIORITY: High

REFERRED TO: MACo TRANSPORTATION COMMITTEE

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002 - 17

CLARIFYING PUBLIC OFFICER PARTICIPATION IN ORGANIZATIONS

It is the intent of the Montana Association of Counties to support legislation to clarify that a public officer may participate in proceedings of an organization or association of local government officials.

2-2-121. Rules of conduct for public officers and public employees. (1) Proof of commission of any act enumerated in subsection (2) is proof that the actor has breached a public duty.

(2) A public officer or a public employee may not:

(a) use public time, facilities, equipment, supplies, personnel, or funds for the officer's or employee's private business purposes;

(b) engage in a substantial financial transaction for the officer's or employee's private business purposes with a person whom the officer or employee inspects or supervises in the course of official duties;

(c) assist any person for a fee or other compensation in obtaining a contract, claim, license, or other economic benefit from the officer's or employee's agency;

(d) assist any person for a contingent fee in obtaining a contract, claim, license, or other economic benefit from any agency;

(e) perform an official act directly and substantially affecting to its economic benefit a business or other undertaking in which the officer or employee either has a substantial financial interest or is engaged as counsel, consultant, representative, or agent; or

(f) solicit or accept employment, or engage in negotiations or meetings to consider employment, with a person whom the officer or employee regulates in the course of official duties without first giving written notification to the officer's or employee's supervisor and department director.

(3) (a) A public officer or public employee may not use public time, facilities, equipment, supplies, personnel, or funds to solicit support for or opposition to any political committee, the nomination or election of any person to public office, or the passage of a ballot issue unless the use is:

(i) authorized by law; or

(ii) properly incidental to another activity required or authorized by law, such as the function of an elected public officer, the officer's staff, or the legislative staff in the normal course of duties.

(b) As used in this subsection (3), "properly incidental to another activity required or authorized by law" does not include any activities related to solicitation of support for or opposition to the nomination or election of a person to public office or political committees organized to support or oppose a candidate or candidates for public office. With respect to ballot issues, properly incidental activities are restricted to the activities of a public officer, the public officer's staff, or legislative staff related to determining the impact of passage or failure of a ballot issue on state or local government operations.

(c) This subsection (3) is not intended to restrict the right of a public officer or public employee to express personal political views.

(4) A public officer or public employee may not participate in a proceeding when an organization, other than an organization or association of local government officials, of which the public officer or public employee is an officer or director is:

(a) involved in a proceeding before the employing agency that is within the scope of the public officer's or public employee's job duties; or

(b) attempting to influence a local, state, or federal proceeding in which the public officer or public employee represents the state or local government.

(5) A public officer or public employee may not engage in any activity, including lobbying, as defined in 5-7-102, on behalf of an organization, other than an organization or association of local government officials, of which the public officer or public employee is a member while performing the public officer's or public employee's job duties. The provisions of this subsection do not prohibit a public officer or public employee from performing charitable fundraising activities if approved by the public officer's or public employee's supervisor or authorized by law.

(6) A department head or a member of a quasi-judicial or rulemaking board may perform an official act notwithstanding the provisions of subsection (2)(e) if participation is necessary to the administration of a statute and if the person complies with the disclosure procedures under 2-2-131.

(7) Subsection (2)(d) does not apply to a member of a board, commission, council, or committee unless the member is also a full-time public employee.

(8) Subsections (2)(b) and (2)(e) do not prevent a member of the governing body of a local government from performing an official act when the member's participation is necessary to obtain a quorum or to otherwise enable the body to act. The member shall disclose the interest creating the appearance of impropriety prior to performing the official act.

SPONSOR: MACO Resolutions Committee

RECOMMENDATION: Do Pass

PRIORITY: High

REFERRED TO: MACo Resolutions Committee

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002 -18

EXPAND THE DEFINITION OF “ELECTED OFFICIAL”

It is the intent of the Montana Association of Counties to support legislation that would expand the definition of “elected official” to include local elected officials.

5-7-102. Definitions. The following definitions apply in this chapter:

(1) "Business" means:

(a) a holding or interest whose fair market value is greater than $1,000, in a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, self-employed person, holding company, joint-stock company, receivership, trust, or other entity or property held in anticipation of profit, but does not include nonprofit organizations; and

(b) present or past employment from which benefits, including retirement allowances, are received.

(2) "Commissioner" means the commissioner of political practices.

(3) "Docket" means the register of lobbyists and principals maintained by the commissioner pursuant to 5-7-201.

(4) "Elected official" means a public official holding a state office filled by a statewide vote of all the electors of Montana or a state district office, including but not limited to legislators, public service commissioners, and district court judges and local elected officials. The term "official-elect" also applies to the offices.

(5) "Individual" means a human being.

(6) "Lobbying" means:

(a) the practice of promoting or opposing the introduction or enactment of legislation before the legislature or the members of the legislature by a person other than a member of the legislature or a public official; and

(b) the practice of promoting or opposing official action by any public official.

(7) "Lobbying for hire" includes activities of the officers, agents, attorneys, or employees of a principal who are paid, reimbursed, or retained by the principal and whose duties include lobbying. If an individual is reimbursed only for his personal living and travel expenses, which together are less than $1,000 per calendar year, that individual is not considered to be lobbying for hire.

(8) (a) "Lobbyist" means a person who engages in the practice of lobbying for hire.

(b) Lobbyist does not include:

(i) an individual acting solely on his own behalf; or

(ii) an individual working for the same principal as a licensed lobbyist if the individual does not have personal contact involving lobbying with a public official on behalf of his principal.

(c) Nothing in this section deprives an individual not lobbying for hire of the constitutional right to communicate with public officials.

(9) "Payment" means distribution, transfer, loan, advance, deposit, gift, or other rendering made or to be made of money, property, or anything of value.

(10) "Payment to influence official action" means any of the following types of payment:

(a) direct or indirect payment to a lobbyist by a principal, such as salary, fee, compensation, or reimbursement for expenses, excluding personal living expenses; or

(b) payment in support of or assistance to a lobbyist or a lobbying activity, including but not limited to the direct payment of expenses incurred at the request or suggestion of the lobbyist.

(11) "Person" means an individual, corporation, association, firm, partnership, state or local government or subdivision of state or local government, or other organization or group of persons.

(12) "Principal" means a person who employs a lobbyist.

(13) "Public official" means an individual, elected or appointed, acting in his official capacity for the state or local government or subdivision thereof. The term does not include those acting in a judicial or quasi-judicial capacity or performing ministerial acts.

(14) "Unprofessional conduct" means:

(a) violating any of the provisions of this chapter;

(b) instigating action by a public official for the purpose of obtaining employment;

(c) attempting to influence the action of a public official on a measure pending or to be proposed by:

(i) promising financial support; or

(ii) making public any unsubstantiated charges of improper conduct on the part of a lobbyist, a principal, or a legislator; or

(d) attempting to knowingly deceive a public official with regard to the pertinent facts of an official matter or attempting to knowingly misrepresent pertinent facts of an official matter to a public official.

Compiler's Comments:

1983 Amendment: In (3), after "state" deleted "or local"; after "government" deleted "or any political subdivision thereof"; at end of (3) added "or performing ministerial acts"; in (5)(b)(i) after "individual" deleted "Montana"; in (5)(b)(ii) after "personal contact" inserted "involving lobbying"; deleted (7)(c)(i), which read: "(i) the promise of support or opposition at any future election;"; deleted (7)(c)(iv), (7)(c)(v), and (7)(d), which read: "(iv) any improper economic reprisal or other unlawful retaliation against any public official;

SPONSOR: MACo Resolutions Committee

RECOMMENDATION: Do Pass

PRIORITY: High

REFERRED TO: MACo Resolutions Committee

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002-19

COMMUNITIES AS FOCAL POINT FOR FUNDING & DELIVERY OF MENTAL HEALTH SERVICES

It is the intent of the Montana Association of Counties to facilitate communities as the focal point for the delivery of mental health services.

WHEREAS, counties recognize that mental health services delivered at the community level are medically and financially most efficacious; and

WHEREAS, counties are sympathetic with the DPHHS challenges in controlling the state mental health budget and census at the state hospital; and

WHEREAS, a lack of adequately funded community services by the state puts pressure on high-end services and further strains on the budgets,

NOW, THEREFORE, BE IT RESOLVED, that MACo supports legislation and planning that emphasizes communities as the focal point for the funding and delivery of mental health services, recognizing that it produces the best results for the mental health consumer and the taxpayer, and should be state funded to an adequate level.

SPONSOR: MACo Health & Human Service Committee

RECOMMENDATION: Do Pass

PRIORITY: High

REFERRED TO: MACo Health & Human Services Committee

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002-20

INCREASE ASSESSMENT ON MEDICAID MENTAL HEALTH

PROVIDER RATE

It is the intent of the Montana Association of Counties to support an increased assessment on Medicaid mental health provider rate.

WHEREAS, mental health providers have provided services for clients in Montana counties for many years; and

WHEREAS, a managed care company came and left the State of Montana; and

WHEREAS, allowable reimbursement rates have not been increased and no new dollars have been provided to mental health providers for a rate increase,

NOW, THEREFORE, BE IT RESOLVED, that MACo endorses increasing the rates paid to providers of mental health services at the local level.

SPONSOR: MACo Health & Human Services Committee

RECOMMENDATION: Do Pass

PRIORITY: High

REFERRED TO: MACo Health & Human Services Committee

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002-21

RETAIN CONTROL OF SUBSTANCE ABUSE DOLLARS

It is the intent of the Montana Association of Counties to support legislation whereby counties would retain control of substance abuse dollars.

WHEREAS, SB 264 in the 57^th Regular Legislative Session provided:

“funding pursuant to 53-24-206(3)(b) of at least $1 million a year, services provided by funding under this chapter may include treatment and rehabilitation for persons with co-occurring mental illness and chemical dependency, but the total amount expended may not exceed $1,300.000 in each biennium;” and

WHEREAS, 53-24-108(2) is scheduled to sunset July 1, 2003,

NOW, THEREFORE, BE IT RESOLVED, that MACo supports legislation that would bring county substance abuse dollars back to the counties for direct service in the counties as set forth in SB 264.

SPONSOR: MACo Health & Human Services Committee

RECOMMENDATION: Do Pass

PRIORITY: High

REFERRED TO: MACo Health & Human Services Committee

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002-22

REIMBURSMENT FOR INCREASED INDIRECT COSTS

It is the intent of the Montana Association of Counties to support legislation to reimburse counties for increased indirect costs incurred during FY 99.

WHEREAS, counties were billed by the state Department of Public Health & Human Services for indirect costs during FY99 at 14%; and

WHEREAS, county budgets were set at 9%; and

WHEREAS, counties are required to pay the state for these indirect costs; and

WHEREAS, the state should absorb the counties costs for the increase incurred during FY99 with the increase from 9% to 14%,

NOW, THEREFORE, BE IT RESOLVED, that MACo will support legislation to require that the State of Montana absorb the cost increase for FY99.

SPONSOR: MACo Health & Human Services Committee

RECOMMENDATION: Do Pass

PRIORITY: High

REFERRED TO: MACo Health & Human Services Committee

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002-23

PRISONER MEDICAL EXPENSES ASSUMED BY STATE

It is the intent of the Montana Association of Counties to support legislation for the State to assume all medical expenses for county prisoners.

WHEREAS, some county prisoners in county jails are indigent; and currently not eligible for state medical assistance; and

WHEREAS, non-incarcerated indigent county residents are provided medical assistance; and

WHEREAS, the State of Montana has assumed all general assistance programs for the indigent,

NOW, THEREFORE, BE IT RESOLVED, that the Montana Association of Counties support legislation that would require the county to be the payor of last resort for all medical expenses of county prisoners.

SPONSOR: MACo Health & Human Services Committee

RECOMMENDATION: Do Pass

PRIORITY: High

REFERRED TO: MACo Health & Human Services Committee

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

rESOLUTION 2002-24

INVOLUNTARY COMMITMENT EXPENSES PAID BY THE STATE

It is the intent of the Montana Association of Counties to support legislation that would require the State to pay all expenses associated with involuntary commitment.

WHEREAS, under SB176 certain District Court costs and administrative functions and costs were transferred to the state; and

WHEREAS, it has been determined that involuntary commitment costs assumed by the state are limited to court proceedings; and

WHEREAS, court proceedings do not include costs associated with transportation, treatment and lodging,

NOW, THEREFORE, BE IT RESOLVED, that MACo will support legislation to expand costs assumed by the State of Montana for involuntary commitments to include transportation, treatment and lodging.

SPONSOR: MACo Health & Human Services Committee

RECOMMENDATION: Do Pass

PRIORITY: High

REFERRED TO: MACo Health & Human Services Committee

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002-25

MENTAL HEALTH PRECOMMITMENT COSTS

It is the intent of the Montana Association of Counties to support Legislation amending 53-21-132 MCA, to make counties the payers of last resort for costs of pre-commitment examination, detention and treatment of persons suffering from mental disorders.

WHEREAS, 53-21-132 MCA, makes counties responsible for the costs of pre-commitment examination, detention and treatment of persons suffering from a mental disorder; and

WHEREAS, many such persons are covered by private insurance programs or are eligible for public assistance such as Medicaid; and

WHEREAS, 53-21-132 MCA, is unclear as to whether private mental health care providers must first look to such funding sources before billing counties for pre-commitment costs,

NOW, THEREFORE, BE IT RESOLVED, that the Montana Association of Counties supports legislation amending 53-21-132 MCA, to make it clear that counties are the payers of last resort for the costs for pre-commitment examination, detention and treatment of persons suffering from mental disorders.

SPONSOR: Carbon County, Districts 6 & 7

RECOMMENDATION: Do Pass

PRIORITY: High

REFERRED TO: MACo Health & Human Services Committee

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002-26

INTERLOCAL AGREEMENTS TO CREATE REGIONAL JAILS

The Montana Association of Counties will provide funding to secure the services of the Local Government Center at MSU to facilitate the creation of model Interlocal Agreements for the creation and operation of regional jails.

WHEREAS, Big Horn, Carbon, Sweet Grass and Yellowstone Counties have begun discussions towards the creation and operation of regional jails; and

WHEREAS, the counties were turned down by the U.S. Department of Justice for a Planning of New Institutions program due to budget reductions; and

WHEREAS, other counties in the State of Montana have also expressed interest in the creation and operation of regional jails; and

WHEREAS, the local Government Center could accomplish this task for a nominal fee of about $2000, plus travel expenses for two meetings,

NOW, THEREFORE, BE IT RESOLVED that the Montana Association of Counties request the Local Government Center at MSU to facilitate the creation of model Interlocal Agreements for the Creation and Operation of Regional Jails.

SPONSOR: Carbon County, Districts 6 & 7

RECOMMENDATION: Do Pass

PRIORITY: High

REFERRED TO: Justice & Public Safety Committee/Tax, Finance

& Budget Committee

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002-27

MUNICIPAL ANNEXATION TO INCLUDE STREETS AND ROADS

It is the intent of the Montana Association of Counties to support legislation that municipalities annex roads and streets adjacent to property that is being annexed into the city.

WHEREAS, Counties are experiencing issues surrounding the responsibility of roads that are adjacent to annexed property; and

WHEREAS, cities should be required to annex all roads and/or streets adjacent to property that they are annexing regardless of whether the annexed property is on both sides of the roadway,

NOW, THEREFORE, BE IT RESOLVED that the Montana Association of Counties supports adding language to state statutes that would require Montana municipalities to annex streets and roads adjacent to annexed property.

Suggested language: “Municipalities shall be required to annex the full width of all streets and/or roads including rights of way adjacent to any property being annexed into said city.”

SPONSOR: Districts 8, 9 & 12, August 2, 2002

RECOMMENDATION: Do Pass

PRIORITY: Medium

REFERRED TO: Transportation Committee/Land Use Planning &

Development Committee

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002-30

CHARGING FEES FOR PROCESSING EXEMPTION APPLICATIONS

It is the intent of the Montana Association of Counties to support legislation that allows the county to collect fees for processing exemption applications.

WHEREAS, county planning departments spend an inordinate amount of time and resources processing applications for exemptions that include: family transfers, boundary relocations, lot aggregations, agricultural exemptions, mortgage surveys and corrections surveys; and

WHEREAS, county planning departments do not receive compensation for the time and resources spent processing these exemption applications; and

WHEREAS, a fee charged to offset the time and resources spent would benefit the county and its planning department; and

WHEREAS, requiring the applicant to be responsible for payment of services would benefit the county and it’s planning department; and

NOW, THEREFORE, BE IT RESOLVED that the Montana Association of Counties supports an addition to 76-3-207 MCA, of a fee for all exemption applications to cover the costs associated with the processing of such applications.

Suggested language: (addition) 76-3-207 (4) The governing body may establish reasonable fees to be paid by the applicant to cover costs associated with the administrative review of divisions of land that include family transfers, boundary relocations, lot aggregations, agricultural exemptions, mortgage surveys, and corrections surveys not meeting subdivision review criteria .

SPONSOR: Districts 8, 9 & 12, August 2, 2002

RECOMMENDATION: Do Pass

PRIORITY: High

REFERRED TO: MACo Land Use Planning & Development Committee

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002-31

COUNTY APPOINTMENT TO CITY PLANNING BOARD

It is the intent of the Montana Association of Counties to support legislation that will deny a city mayor the authority to veto the county designated member to the city planning board.

WHEREAS, county commissioners have been denied the right to designate a representative of the county to the city planning board, as granted to them in 76-1-223, MCA when a city mayor refuses to appoint said designee; and

WHEREAS, according to 76-1-221 MCA, the mayor may appoint a person of his own choosing and at his sole discretion as a representative of the county if the county fails to so designate a member,

NOW, THEREFORE, BE IT RESOLVED that the Montana Association of Counties supports additional language to be added to 76-1-221, MCA denying a city mayor the right to deny the designation of a county representative to the city planning board.

Suggested language: 76-1-221 (c) One member shall be appointed by the mayor upon the designation by the county commissioners of the county in which the city is located.

SPONSOR: Districts 8, 9 & 12, August 2, 2002

RECOMMENDATION: Do Pass

PRIORITY: Medium

REFERRED TO: MACo Land Use Planning & Development Committee

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002-32

ANNEXATION OF LAND CONTIGUOUS TO ZONING DISTRICTS

It is the intent of the Montana Association of Counties to support legislation that would amend Title 76, Chapter 2 MCA to allow the annexation of additional land into an existing zoning district created pursuant to Title 76, Chapter 2, M.C.A.

WHEREAS, counties receive many petitions to create new Part 1 zoning districts pursuant to 76-2-101 M.C.A.; and

WHEREAS, counties are authorized to establish Part 2 zoning districts pursuant to 76-2-201 M.C.A.; and,

WHEREAS, administration of numerous districts is difficult and time consuming; and,

WHEREAS, creating new districts places an undue burden on counties to administer additional zoning districts; and

WHEREAS, in many cases it may be more desirable to annex contiguous land into an existing zoning district; and,

WHEREAS, Title 76, Chapter 2 M.C.A. does not provide a means to annex contiguous land into an existing zoning district.

NOW, THEREFORE BE IT RESOLVED that the Montana Association of Counties supports an addition to Montana’s Annexation and Planning Statute, Title 76, Chapter 2, M.C.A. that would provide a means to annex contiguous land into an existing zoning district.

SPONSOR: Districts 8, 9 & 12, August 2, 2002

RECOMMENDATION: Do Pass

PRIORITY: Medium

REFERRED TO: MACo Land Use Planning Committee

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002-33

LOCAL E-GOVERNMENT CONVENIENCE FEES

It is the intent of the Montana Association of Counties to support legislation that allows local governments to charge a convenience fee for providing electronic information and services to businesses and citizens.

WHEREAS, counties provide residents electronic information and services; and

WHEREAS, these services are costly to the counties; and

WHEREAS, counties should be allowed to charge a fee for the provision of this service in order to continue providing the services and offset the costs involved,

NOW, THEREFORE BE IT RESOLVED that the Montana Association of Counties support language added to state statute that would allow counties to charge a convenience fee for providing electronic information and services to businesses and residents of the county.

Suggested language: The county may charge convenience fees and may allow county departments to collect the convenience fees on selected electronic government services in order to provide funding for the support and furtherance of electronic government services. (This is similar language to that which allows the state to charge such a fee 2-17-1103 (2) MCA.)

SPONSOR: Districts 8, 9 &12, August 2, 2002

RECOMMENDATION: Do Pass

PRIORITY: High

REFERRED TO: MACo Information Technology Committee

Clerk & Recorders’ Association

Treasurers’ Association

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002-34

PREVENT STATE DEDUCTIONS FROM COUNTY MONIES

It is the intent of the Montana Association of Counties to support legislation that prevents the state from taking money owed by a county to the State out of the monies owed to the county.

WHEREAS, counties should be given an opportunity to appeal the amount due and/or make payment according to when their budget allows; and

WHEREAS, counties should receive their full entitlement separate and apart from any payments owed to the State from the county,

NOW, THEREFORE, BE IT RESOLVED that the Montana Association of Counties supports language be added to state statute that would prevent the State from deducting money owed by a county from any payment made to said county.

SPONSOR: Districts 8, 9 & 12, August 2, 2002

RECOMMENDATION: Do Pass

PRIORITY: High

REFERRED TO: MACo Taxation, Finance & Budget Committee

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002 – 35

STATE PUBLIC DEFENDER SYSTEM

It is the intent of the Montana Association of Counties to support legislation that creates a Montana State Public Defender System.

WHEREAS, the Sixth Amendment of the United States Constitution guarantees to all persons accused of a crime the right to counsel in their defense; and

WHEREAS, the United States Supreme Court has interpreted the Sixth Amendment to require each state to provide counsel to any person accused of a crime before he or she can be sentenced to jail or prison; and

WHEREAS, the State of Montana has assumed responsibility for the administration and financing of District Courts; and

WHEREAS, this includes the funding for the existing public defender system but not the administration,

NOW, THEREFORE, BE IT RESOLVED that the Montana Association of Counties strongly supports legislation being introduced in the Fifty-Eight Legislative Session to establish a Montana State Public Defender System with full responsibility for its administration.

SPONSOR: MACo Resolutions Committee

RECOMMENDATION: Do Pass

PRIORITY: High

REFERRED TO: MACo Justice & Public Safety Committee/

Tax, Finance & Budget Committee

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002-37

FUNDING OF THE SUMMER YOUTH EMPLOYMENT PROGRAM

It is the intent of the Montana Association of Counties to support legislation that will provide long term funding for the summer youth employment program.

WHEREAS, enactment of the Workforce Investment Act eliminated the summer youth program as a separately funded program; and

WHEREAS, the summer youth program was a valued program serving thousands of needy young Montanans between school terms; and

WHEREAS, the ten local Human Resource Development Councils (HRDC) are effective operators of this program; and

WHEREAS, the Balance of State (BOS) and Concentrated Employment Program (CEP) Workforce Investment Board (WIB) system, under the supervision of the BOS and CEP Councils of Commissioners, operates and coordinates all local workforce development programs; and

WHEREAS, efforts to work with the state to set aside Temporary Assistance for Needy Families (TANF) funds and other state funds to keep this program operating this past summer failed,

NOW, THEREFORE, BE IT RESOLVED that the Montana Association of Counties supports legislation which will provide long term funding for the summer youth employment program to be operated by the HRDC’s under the administration of the CEP and BOS WIB’s.

SPONSOR: MACo Health and Human Services Committee

RECOMMENDATION: Do Pass

PRIORITY: High

REFERRED TO: MACo Health & Human Services Committee

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002-38

MAINTAIN STANDARD UTILITY ALLOWANCE THROUGH FY 2003

It is the intent of the Montana Association of Counties to support efforts to persuade the United States Department of Agriculture to keep our standard utility allowance in place through FY 2003.

WHEREAS, the State of Montana has previously negotiated a series of waivers with the United States Department of Agriculture and the United States Department of Health and Human Services for welfare system reforms; and

WHEREAS, the nation’s only waiver to provide standard utility allowance was approved for the Montana system through FY 2003; and

WHEREAS, the statewide effect of the loss of the standard utility allowance means a decrease of food stamp benefits of 36% of our Montanans receiving food stamps,

NOW, THEREFORE, BE IT RESOLVED that the Montana Association of Counties solicit our Congressional delegation and the Governor of Montana to join the effort to convince the United States Department of Agriculture ot keep our standard utility allowance in place through FY 2003 as agreed in the original Montana waiver.

SPONSOR: MACo Health & Human Services Committee

RECOMMENDATION: Do Pass

PRIORITY: High

REFERRED TO: MACo Health & Human Services Committee

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002-39

COUNTY GOVERNMENT’S ROLE IN RELATIONSHIP WITH STATE AND FEDERAL AGENCIES

It is the intent of the Montana Association of Counties to insure that State and Federal Agencies encourage county governmental participation in use in natural resource decision making and planning processes.

WHEREAS, Pursuant to Article XI, Montana State Constitution, Title 7 and Title 76 of the Montana Code Annotated, Montana counties through their Boards of Commissioners are charged with the management of the counties to preserve the health, welfare, and safety of its citizens, to promote the orderly development of its governmental units and its environments, and to recognize the needs of agricultural business and industry for future growth; and

WHEREAS, the State of Montana has enacted laws which empower county commissioners to develop land use plans and growth policies deemed necessary and desirable to promote and preserve the public health, safety, convenience, welfare and to achieve community goals and objectives; and

WHEREAS, the National Environmental Policy Act, the President’s Council on Environmental Quality Regulations (40 CFR, Section 1506.2) and the Intergovernmental Cooperation Act provide mechanisms for intergovernmental coordination and collaboration and federal planning efforts; and

WHEREAS, the Montana Environmental Protection Act does not provide mechanisms for intergovernmental coordination, cooperation, and joint environmental planning at the county level; and

WHEREAS, the National Environmental Policy Act and the Council on Environmental Quality Regulations require the assessment of the direct, indirect, and cumulative effects of Federal agency planning decisions on the environment, including the ecological, aesthetic, historic, cultural, economic and other impacts that may occur as a result of private and/or governmental actions; and

WHEREAS, county government is recognized as the fundamental level for citizens to be able to interact with government; and

WHEREAS, county government plays a fundamental, highly influential role in the daily lives of citizens through maintenance of such basic services as law enforcement, health care, road maintenance, human services, emergency response, fire services, noxious weed management, economic development and the like; and

WHEREAS, relationships with other governmental entities are necessary to the successful ability of county government to carry out its responsibilities inherent in its authority as county government and mandated by state and/or federal law. Influences from state, federal, and other local governments impact the ability of county government to function and perform its responsibilities,

NOW, THEREFORE, BE IT RESOLVED that the Montana Association of Counties supports that State and Federal government including any of their agencies, branches, departments, office’s or advisory committees recognize county governments in Montana as collaborating, coordinating, or cooperating government agencies and not as “stakeholders” or “interest groups” in the process of planning and regulatory actions taken by Federal and State governments; and

BE IT FURTHER RESOLVED that before any actions by State or Federal agencies to consider, propose, or regulate activities that have the potential of effecting land use or resources in Montana counties, the agencies should request and consult with counties to encourage counties to become collaborating, coordinating or cooperating agencies or advisory committee members. This will encourage counties and the Federal Land Management or state agencies to evaluate the following in the planning end or

decision-making process:

A. Consider the effects such actions have on (i) community stability; (ii) maintenance of custom, culture and economic stability; and (iii) conservation and use of the environment and natural resources, as part of the action taken;

B. Coordinate procedures to the fullest extent possible with the county, prior to and during the taking of any federal action;

C. Establish a process for such coordination with the county by understanding or other agreement for joint planning, joint environmental research, data collection, joint hearings, and joint environmental assessment;

D. Submit a description of possible conflicts with the county’s ordinances, policies plans and growth policies; consider reconciling to the extent possible the proposed action with the county’s ordinances, policies, plans and growth policies; and after such consideration, take all practical measures to resolve such conflict and record in writing;

E. Assume that any proposed actions will have a significant impact on county conditions and assume that coordination, cooperation, consultation and advisory committee participation with the county and review of data specific to the county is a necessary prerequisite to all planning activities;

F. Coordinate, in absence of direct constitutional conflict, with the county to comply with federal and state statutes and regulations, and the state and federal constitutions, county ordinances, policies, plans, and growth policies, and in particular in respect to private property and property rights;

G. Adopt appropriate mitigation with the concurrence of the county for adverse impacts on environment, local culture, custom, economic stability or protection and use of the resources; and

BE IT FURTHER RESOLVED, that Montana Association of Counties will notify all Federal and State agencies which administer land or conduct programs relating to natural resources and request notification of all planning processes, in an effort to facilitate participation by counties in the planning process, particularly with regard to the National Environmental Policy and the Montana Environmental Protection Act.

BE IT FURTHER RESOLVED, that the Montana Association of Counties encourages counties to assume the responsibilities of participation in State or Federal planning efforts appropriate to the county’s needs and ability, which may include participation on advisory committees, collaboration, coordination or cooperation.

SPONSOR: MACo Public Lands Committee

RECOMMENDATION: Do Pass

PRIORITY: High

REFERRED TO: MACo Public Lands Committee

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002-40

CREDITING INTEREST TO INDIVIDUAL FUNDS

It is the intent of the Montana Association of Counties to support legislation that would allow the interest from invested county revenue to be credited to the fund from which it was derived.

WHEREAS, 7-6-204 MCA (1) requires interest paid and collected on deposits or investments to be credited to the general fund of the county, city, or town to whose

credit the funds are deposited; and

WHEREAS, section (2) of 7-6-204 MCA allows specific districts or departments to retain the interest from deposits or investments; and

WHEREAS, there are other districts or departments, such as Public Safety, which would benefit from being able to retain the interest from deposits or

investments; and

NOW, THEREFORE, BE IT RESOLVED that the Montana Association of Counties supports the additional language necessary to allow districts or departments

to retain the interest from deposits or investments.

Suggested language: 7-6-204. Crediting of interest. (1)Unless otherwise provided by law or by the terms of a gift, grant, or donation, interest paid and collected on deposits or investments must may be distributed based on each fund's participation in the

investment or may be credited to the general fund of the county, city, or town to whose credit the funds are deposited.

(2) Interest paid and collected on the deposits or investments of the funds of a volunteer fire district or department organized in an unincorporated area

under title 7, chapter 33, part 21 or 23, must be credited to the account of that fire district or department.

(3) Interest paid and collected on the deposits or investments of the county road fund or county bridge fund may be credited to the county road fund or county bridge fund.

SPONSOR: Phillips County

RECOMMENDATION: Do Pass

PRIORITY: High

REFERRED TO: MACo Tax and Finance Committee

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002—41

INCREASED FUNDING FOR NEW COOPERATIVE EXTENSION

SERVICE POSITIONS

It is the intent of the Montana Association of Counties to support legislation to fund essential cooperative extension service positions.

WHEREAS, the Cooperative Extension Service is a valuable resource to Montana residents; and

WHEREAS, the current hiring freeze has left several counties without County Extension Agents; and,

WHEREAS, seven Montana counties have requested additional County Extension Agents to be located in their counties to meet the needs of their residents; and

WHEREAS, Flathead, Lake, Mineral, Missoula, Anaconda-Deer Lodge, Meagher and Wheatland Counties have committed to providing the county portion of the funding needs, currently 65% of the County Clerk and Recorders salary; and

WHEREAS, there is a need for a Range Extension Specialist to serve the needs of residents, particularly in eastern Montana; and

WHEREAS, there is a need for a Marketing/Economic Development Specialist at the Southern Ag Research Center in Huntley,

NOW, THEREFORE, BE IT RESOLVED that the Montana Association of Counties support restored funding for the current vacant positions and increased funding by the 2003 legislature for the eight and 1/2 additional FTE positions.

SPONSOR: Meagher

RECOMMENDATION: Do Pass

PRIORITY: Medium

REFERRED TO: MACo Agriculture Committee

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002-42

ALLOWING THE PAYMENT OF FEES AND TAXES BY CREDIT CARD

It is the intent of the Montana Association of Counties to support legislation that allows taxpayers to make fee and tax payments to units of local government using a credit card or other commercially acceptable means and to impose a convenience fee for users

WHEREAS, many taxpayers prefer to used credit cards for transactions; and

WHEREAS, most credit card users prohibit adding convenience fees to credit card transactions; and

WHEREAS, counties should be allowed to charge a fee for the provision of this service in order to provide this services and offset the costs involved,

NOW, THEREFORE BE IT RESOLVED that the Montana Association of Counties support legislation that would allow counties to impose a convenience fee for taxpayers who choose to pay debts owed to counties with credit cards or other commercially acceptable means such as debit cards, charge cards or similar means.

SPONSOR: MACo Information Technology Committee

RECOMMENDATION: Do Pass

PRIORITY: High

REFERRED TO: MACo Tax and Finance Committee

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002

RESOLUTION 2002-43

COUNTIES WITH LESS THAN 15,000 POPULATION BE ALLOWED

TO CREATE THE OFFICE OF COUNTY AUDITOR

It is the intent Montana Association of Counties to support legislation to allow counties, as provided by law, with less than 15,000 population

to create the office of county auditor.

WHEREAS, 7-6-2401 MCA (2) does not allow counties, having less than 15,000 population, to create the office of county auditor; and

WHEREAS, in counties with less than 15,000 population, the duties of county auditor are with the clerk and recorder's office as well as all other duties required by law for the clerk and recorder; and

WHEREAS, counties with less than 15,000 population have the same duties as counties with more than 15,000 population, this change would allow county

commissioners to fill the position of county auditor, according to 7-6-2402 MCA or to consolidate the office of county auditor with another office, according to 7-4-2301 MCA.

NOW, THEREFORE, BE IT RESOLVED that the Montana Association of Counties supports the additional language necessary to allow counties with less than

15,000 population to create the office of county auditor.

Suggested language: 7-6-2401 Creation of office of county auditor.

(1) Except as provided in subsection (2), the office of county auditor exists in all counties of the first, second, third, or fourth class.

(2) The provisions of 7-6-2401 through 7-6-2413 do not apply to are at the discretion of county commissioners in counties having a population of less than 15,000 persons according to the most recent federal census.

SPONSOR: Phillips County

RECOMMENDATION: Do Pass

PRIORITY: Medium

REFERRED TO: MACo Resolutions Committee

ADOPTED: Annual Conference; Big Sky, MT

September 25, 2002