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68th Legislature 2023 HB 724.1
1 HOUSE BILL NO. 724
2 INTRODUCED BY B. BARKER, J. ETCHART, R. MINER, J. KASSMIER
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING PUBLIC NOTICE REQUIREMENTS;
5 ALLOWING AGENCIES TO PUBLISH MEETING AGENDAS ON THE AGENCY WEBSITE OR SOCIAL
6 MEDIA PAGE IF THEY HAVE ONE; REQUIRING LOCAL GOVERNMENTS AND SCHOOL BOARDS TO
7 PUBLISH MEETING AGENDAS PRIOR TO THE MEETING; AND AMENDING SECTIONS 2-3-103, 7-1-2121,
8 7-1-4127, 7-3-304, 7-3-503, 7-3-606, 20-3-322, 20-9-204, AND 20-20-105, MCA.”
9
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
11
12 Section 1. Section 2-3-103, MCA, is amended to read:
13 "2-3-103. Public participation -- governor to ensure guidelines adopted. (1) (a) Each agency shall
14 develop procedures for permitting and encouraging the public to participate in agency decisions that are of
15 significant interest to the public. The procedures must ensure adequate notice and assist public participation
16 before a final agency action is taken that is of significant interest to the public.
17 (b) The agency shall publish an agenda for a meeting, as defined in 2-3-202, as follows:
18 (i) if a newspaper of general circulation in the county where the agency is located publishes
19 electronic notices free of charge to the agency on the newspaper's website, the agency shall publish a notice
20 and include a link to the agenda for the meeting on the newspaper's website;
21 (ii) if the agency does not have an option to publish an electronic notice free of charge, the agency
22 shall publish the notice and a link to the agenda for the meeting on at least one of the following:
23 (A) the agency's website; or
24 (B) the agency's social media page.
25 (c) The agenda for a meeting, as defined in 2-3-202, must include an item allowing public
26 comment on any public matter that is not on the agenda of the meeting and that is within the jurisdiction of the
27 agency conducting the meeting. However, the agency may not take action on any matter discussed unless
28 specific notice of that matter is included on an agenda and public comment has been allowed on that matter.
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1 (d) Public comment received at a meeting must be incorporated into the official minutes of the
2 meeting, as provided in 2-3-212.
3 (b)(e) For purposes of this section, "public matter" does not include contested case and other
4 adjudicative proceedings.
5 (2) The governor shall ensure that each board, bureau, commission, department, authority,
6 agency, or officer of the executive branch of the state adopts coordinated rules for its programs. The guidelines
7 must provide policies and procedures to facilitate public participation in those programs, consistent with
8 subsection (1). These guidelines must be adopted as rules and published in a manner so that the rules may be
9 provided to a member of the public upon request."
10
11 Section 2. Section 7-1-2121, MCA, is amended to read:
12 "7-1-2121. Publication and content of notice -- proof of publication. (1) Unless otherwise
13 specifically provided by law and except as provided in 13-1-108, whenever a local government unit other than a
14 municipality is required to give notice by publication, this section applies.
15 (2) A local government unit shall comply with the notice requirements of 2-3-103, including
16 publication of an agenda prior to a meeting.
17 (2)(3) Publication must be in a newspaper meeting the qualifications of subsections (3) and (4) and
18 (5), except that in a county where a newspaper does not meet these qualifications, publication must be made in
19 a qualified newspaper in an adjacent county. If there is no qualified newspaper in an adjacent county,
20 publication must be made by posting the notice in three public places in the county, designated by resolution of
21 the governing body.
22 (3)(4) (a) The newspaper must:
23 (i) be of general circulation;
24 (ii) be published at least once a week;
25 (iii) be published in the county where the hearing or other action will take place; and
26 (iv) have, prior to July 1 of each year, submitted to the clerk and recorder a sworn statement that
27 includes:
28 (A) circulation for the prior 12 months;
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68th Legislature 2023 HB 724.1
1 (B) a statement of net distribution;
2 (C) itemization of the circulation that is paid and that is free; and
3 (D) the method of distribution.
4 (b) A newspaper of general circulation does not include a newsletter or other document produced
5 or published by the local government unit.
6 (4)(5) In the case of a contract award, the newspaper must have been published continuously in the
7 county for the 12 months preceding the awarding of the contract.
8 (5)(6) If a person is required by law or ordinance to pay for publication, the payment must be received
9 before the publication may be made.
10 (6)(7) The notice must be published twice, with at least 6 days separating each publication.
11 (7)(8) The published notice must contain:
12 (a) the date, time, and place of the hearing or other action;
13 (b) a brief statement of the action to be taken;
14 (c) the address and telephone number of the person who may be contacted for further information
15 on the action to be taken; and
16 (d) any other information required by the specific section requiring notice by publication.
17 (8)(9) A published notice required by law may be supplemented by a radio or television broadcast of
18 the notice in the manner prescribed in 2-3-105 through 2-3-107.
19 (9)(10) Proof of the publication or posting of any notice may be made by affidavit of the owner,
20 publisher, printer, or clerk of the newspaper or of the person posting the notice.
21 (10)(11) If the newspaper fails to publish a second notice, the local government unit must be
22 considered to have met the requirements of this section as long as the local government unit submitted the
23 required information prior to the submission deadline and the notice was posted in three public places in the
24 county that were designated by resolution and, if the county has an active website, was posted on the county's
25 website at least 6 days prior to the hearing or other action for which notice was required."
26
27 Section 3. Section 7-1-4127, MCA, is amended to read:
28 "7-1-4127. Publication of notice -- content -- proof. (1) A municipality shall comply with the notice
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1 requirements of 2-3-103, including publication of an agenda prior to a meeting.
2 (2) When a municipality is required to publish notice, publication must be in a newspaper, except
3 that in a municipality with a population of 500 or less or in which a newspaper is not published, publication may
4 be made by posting in three public places in the municipality that have been designated by ordinance.
5 (2)(3) The newspaper must:
6 (a) be of general circulation;
7 (b) be published at least once a week;
8 (c) be published in the county where the municipality is located; and
9 (d) have, prior to July 1 of each year, submitted to the city clerk a sworn statement that includes:
10 (i) circulation for the prior 12 months;
11 (ii) a statement of net distribution;
12 (iii) itemization of paid circulation and circulation that is free; and
13 (iv) the method of distribution.
14 (3)(4) A newspaper of general circulation does not include a newsletter or other document produced
15 or published by the municipality.
16 (4)(5) In the case of a contract award, the newspaper must have been published continuously in the
17 county for the 12 months preceding the awarding of the contract.
18 (5)(6) In a county where a newspaper does not meet the qualifications in subsection (2) (3),
19 publication must be made in a qualified newspaper in an adjacent county.
20 (6)(7) If a person is required by law or ordinance to pay for publication, the payment must be received
21 before the publication may be made.
22 (7)(8) The notice must be published twice, with at least 6 days separating each publication.
23 (8)(9) The published notice must contain:
24 (a) the date, time, and place of the hearing or other action;
25 (b) a brief statement of the action to be taken;
26 (c) the address and telephone number of the person who may be contacted for further information
27 on the action to be taken; and
28 (d) any other information required by the specific section requiring notice by publication.
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1 (9)(10) A published notice required by law may be supplemented by a radio or television broadcast of
2 the notice in the manner prescribed in 2-3-105 through 2-3-107.
3 (10)(11) Proof of the publication or posting of any notice may be made by affidavit of the owner,
4 publisher, printer, or clerk of the newspaper or of the person posting the notice.
5 (11)(12) If the newspaper fails to publish a second notice, the municipality must be considered to have
6 met the requirements of this section as long as the municipality submitted the required information prior to the
7 submission deadline and the notice was posted in three public places in the municipality that were designated
8 by ordinance and, if the municipality has an active website, was posted on the municipality's website at least 6
9 days prior to the hearing or other action for which notice was required."
10
11 Section 4. Section 7-3-304, MCA, is amended to read:
12 "7-3-304. Duties of manager. The manager shall:
13 (1) enforce laws, ordinances, and resolutions;
14 (2) perform the duties required by law, ordinance, or resolution;
15 (3) administer the affairs of the local government;
16 (4) direct, supervise, and administer all departments, agencies, and offices of the local government
17 unit except as otherwise provided by law or ordinance;
18 (5) carry out policies established by the commission;
19 (6) prepare and publish the commission agenda pursuant to 2-3-103;
20 (7) recommend measures to the commission;
21 (8) report to the commission on the affairs and financial condition of the local government;
22 (9) execute bonds, notes, contracts, and written obligations of the commission, subject to the
23 approval of the commission;
24 (10) report to the commission as the commission may require;
25 (11) attend commission meetings and may take part in the discussion but may not vote;
26 (12) prepare and present the budget to the commission for its approval and execute the budget
27 adopted by the commission;
28 (13) appoint, suspend, and remove all employees of the local government except as otherwise
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68th Legislature 2023 HB 724.1
1 provided by law or ordinance;
2 (14) appoint members of temporary advisory committees established by the manager."
3
4 Section 5. Section 7-3-503, MCA, is amended to read:
5 "7-3-503. Role and duties of presiding officer. The commission presiding officer:
6 (1) must be recognized as the head of the local government unit, must have the power to vote as
7 other members of the commission, and must be the chief executive officer of the local government;
8 (2) shall enforce laws, ordinances, and resolutions;
9 (3) shall perform duties required by law, ordinance, or resolution;
10 (4) shall administer the affairs of the local government;
11 (5) shall direct, supervise, and administer all departments, agencies, and offices of the local
12 government except as otherwise provided by law or ordinance;
13 (6) shall carry out policies established by the commission;
14 (7) shall prepare and publish the commission agenda pursuant to 2-3-103;
15 (8) shall recommend measures to the commission;
16 (9) shall report to the commission on the affairs and financial condition of the local government;
17 (10) shall execute bonds, notes, contracts, and written obligations of the commission, subject to the
18 approval of the commission;
19 (11) shall report to the commission as the commission may require;
20 (12) shall attend commission meetings and may take part in discussions;
21 (13) shall execute the budget adopted by the commission;
22 (14) shall appoint, with the consent of the commission, all members of boards and committees.
23 However, the presiding officer may appoint without the consent of the commission temporary advisory
24 committees.
25 (15) shall appoint, with the consent of a majority of the commission, all department heads, and the
26 presiding officer may remove department heads and may appoint and remove all other employees;
27 (16) shall prepare the budget and present it to the commission for adoption; and
28 (17) shall exercise control and supervision over the administration of departments and boards."
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68th Legislature 2023 HB 724.1
1
2 Section 6. Section 7-3-606, MCA, is amended to read:
3 "7-3-606. Selection, role, and duties of town presiding officer. (1) The town meeting shall elect a
4 town presiding officer for a term of not less than 1 year or more than 2 years. An unexpired term of a town
5 presiding officer must be filled at the next annual or special town meeting.
6 (2) The town presiding officer is the chief executive officer of the town and shall:
7 (a) enforce laws, ordinances, and resolutions;
8 (b) perform duties required by law, ordinance, or resolution;
9 (c) administer the affairs of the town;
10 (d) prepare and publish the town meeting agenda pursuant to 2-3-103;
11 (e) attend all annual and special town meetings;
12 (f) recommend measures to the town meeting;
13 (g) report to the town on the affairs and financial condition of the town;
14 (h) execute bonds, notes, contracts, and written obligations of the town, subject to the approval of
15 the town;
16 (i) appoint, with the consent of the town meeting, members of all boards and appoint and remove
17 all employees of the town;
18 (j) prepare the budget and present it to the town meeting for adoption;
19 (k) exercise control and supervision of the administration of all departments and boards; and
20 (l) carry out policies established by the town meeting.
21 (3) Compensation of the town presiding officer must be established by ordinance but may not be
22 reduced during the current term of the town presiding officer."
23
24 Section 7. Section 20-3-322, MCA, is amended to read:
25 "20-3-322. Meetings and quorum. (1) The trustees of a district shall hold at least the following
26 number of regular meetings:
27 (a) an organization meeting, as prescribed by 20-3-321;
28 (b) a final budget meeting, as prescribed by 20-9-131; and
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1 (c) (i) in first-class elementary districts, not less than one regular meeting each month; or
2 (ii) in any other district, regular meetings at least quarterly.
3 (2) The trustees shall provide advance notice for the meeting in compliance with 2-3-10