Bill Summary – FastDemocracy

67th Legislature                                                                                                        HB 220.1
                                                      HOUSE BILL NO. 220
                                                 INTRODUCED BY B. PUTNAM
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   A BILL FOR AN ACT ENTITLED: “AN ACT ALLOWING SPECIAL DISTRICTS TO RECEIVE FEDERAL
   FUNDING DIRECTLY; AMENDING SECTION 7-11-1024, MCA; AND PROVIDING AN EFFECTIVE DATE.”
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              NEW SECTION. Section 1.          Special districts -- authority to receive federal funds. Federal funds
   designated to a specific county under this part may be paid directly to a special district within the county
   pursuant to 7-11-1024.
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              Section 2. Section 7-11-1024, MCA, is amended to read:
              "7-11-1024.     Financing for special district. (1) The governing body shall make assessments or
   impose fees for the costs and expenses of the special district based upon a budget proposed by the governing
   body or separate board administering the district pursuant to 7-11-1021.
              (2)   For the purposes of this section, "assessable area" means the portion of a lot or parcel of land that
   is benefited by the special district. The assessable area may be less than but may not exceed the actual area of
   the lot or parcel.
              (3)   The governing body shall assess the percentage of the cost of the program or improvements:
              (a)   against the entire district as follows:
              (i)   each lot or parcel of land within the special district may be assessed for that part of the cost that its
   assessable area bears to the assessable area of the entire special district, exclusive of roads, streets, avenues,
   alleys, and public places;
              (ii) if the governing body determines that the benefits derived from the program or improvements by
   each lot or parcel are substantially equivalent, the cost may be assessed equally to each lot or parcel located
   within the special district without regard to the assessable area of the lot or parcel;
              (iii) each lot or parcel of land, including the improvements on the lot or parcel, may be assessed for
                                                                     -1-                      Authorized Print Version – HB 220
67th Legislature                                                                                                         HB 220.1
   that part of the cost of the special district that its taxable valuation bears to the total taxable valuation of the
   property of the district;
                (iv) each lot or parcel of land may be assessed based on the lineal front footage of any part of the lot
   or parcel that is in the district and abuts the area to be improved or maintained;
                (v)   each lot or parcel of land within the district may be assessed for that part of the cost that the
   reasonably estimated vehicle trips generated for a lot or parcel of its size in its zoning classification bear to the
   reasonably estimated vehicle trips generated for all lots in the district based on their size and zoning
   classification;
                (vi) each lot or parcel of land within the district may be assessed based on each family residential unit
   or one or more business units; or
                (vii) any combination of the assessment options provided in subsections (3)(a)(i) through (3)(a)(vi) may
   be used for the special district as a whole; or
                (b)   based upon the character, kind, and quality of service for a residential or commercial unit, taking
   into consideration:
                (i)   the nature of the property or entity assessed;
                (ii) a calculated basis for the program or service, including volume or weight;
                (iii) the cost, incentives, or penalties applicable to the program or service practices; or
                (iv) any combination of these factors.
                (4)   If property created as a condominium is subject to assessment, each unit within the condominium
   is considered a separate parcel of real property subject to separate assessment and the lien of the assessment.
   Each unit must be assessed for the unit's percentage of undivided interest in the common elements of the
   condominium. The percentage of the undivided ownership interest must be as set forth in the condominium
   declaration.
                (5)   A governing body may, by resolution, instruct the state or any applicable federal agency to
   designate a special district as the recipient of federal funds to be used for the costs and expenses of the special
   district."
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                NEW SECTION. Section 3.         Codification instruction. [Section 1] is intended to be codified as an
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67th Legislature                                                                                                      HB 220.1
   integral part of Title 17, chapter 3, part 2, and the provisions of Title 17, chapter 3, part 2, apply to [section 1].
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              NEW SECTION. Section 4.       Effective date. [This act] is effective July 1, 2021.
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                                                                  -3-                      Authorized Print Version – HB 220
Statutes affected: 
HB0220_1.pdf: 7-11-1024
HB0220_X.pdf: 7-11-1024
Enrolled: 7-11-1024
Introduced: 7-11-1024