Bill Summary – FastDemocracy

Unofficial Draft Copy
****                                                 As of: 11/15/2024, 12:59:42
69th Legislature 2025                                Drafter: Toni Henneman, ****                                  LC 0136
                                                     **** BILL NO. ****
                                                  INTRODUCED BY ****
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  A BILL FOR AN ACT ENTITLED: “AN ACT AUTHORIZING THE CREATION OF REGIONAL FIRE
  PROTECTION AUTHORITIES; REQUIRING A REGIONAL FIRE PROTECTION AUTHORITY PLAN;
  REQUIRING A PUBLIC HEARING AND ELECTION TO ESTABLISH AN AUTHORITY; ESTABLISHING THE
  POWERS AND DUTIES OF AN AUTHORITY; ALLOWING CERTAIN AREAS TO BE ANNEXED,
  WITHDRAWN, OR DETRACTED FROM AN AUTHORITY; ALLOWING AN AUTHORITY TO MAKE
  ASSESSMENTS OR IMPOSE FEES FOR THE OPERATION OF THE AUTHORITY; LIMITING
  GOVERNMENTAL LIABILITY; AMENDING SECTIONS 2-7-501, 7-3-1345, 7-4-2711, 7-6-204, 7-11-1002, 7-
  33-2108, 7-33-2110, 7-33-2202, 7-33-2208, 7-33-2316, 7-33-2405, 7-33-4101, 7-33-4110, 7-33-4112, 7-33-
  4510, 10-3-209, 13-37-206, 19-17-102, AND 50-63-202, MCA; AND PROVIDING AN IMMEDIATE 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.         Purpose and authorization. Any two or more adjacent local
  governments, rural fire districts, fire service areas, or fire companies are authorized to create a single regional
  fire protection authority as provided in [sections 1 through 20] for the purpose of providing adequate and
  standard firefighting and emergency response apparatus, equipment, personnel, housing, and facilities,
  including the provision of real property and emergency medical services and equipment for protection of those
  areas within the fire protection authority.
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           NEW SECTION. Section 2.         Definitions. As used in [sections 1 through 20], unless context clearly
  indicates otherwise, the following definitions apply:
           (1)     "Board" means the governing board of a fire protection authority.
           (2)     "Fire protection authority" means a regional fire protection authority established under [sections
  1 through 20].
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69th Legislature 2025                               Drafter: Toni Henneman, ****                                      LC 0136
           (3)      "Fire protection authority plan" or "fire authority plan" means a plan developed by a fire
  protection authority planning committee in accordance with [section 3] and contains the required information as
  provided in [section 4].
           (4)      "Fire protection jurisdiction" means a government fire entity organized under this chapter.
           (5)      "Governing body" means the governing body of a local government, fire company, rural fire
  district, or fire service area.
           (6)      "Local government" means a city, town, county, or consolidated city-county government.
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           NEW SECTION. Section 3.         Fire protection authority plan -- planning committee. (1) The
  governing bodies proposing the creation of a fire protection authority shall convene an authority planning
  committee to:
           (a)      adopt a regional fire protection authority plan;
           (b)      seek and consider input from municipalities and counties located within or partially within each
  participating fire protection jurisdiction; and
           (c)      provide opportunities for public participation and public comment during the development of the
  fire authority plan.
           (2)      The governing bodies participating in the creation of a fire protection authority shall designate
  two elected or appointed trustees to the authority planning committee. Local governments shall designate one
  member to serve on the planning committee.
           (3)      The planning committee may dissolve itself at any time by a majority vote of the total
  membership of the planning committee. A participating governing body may withdraw from the committee on
  written notice to the other jurisdictions.
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           NEW SECTION. Section 4.         Creation of fire authority plan -- plan contents. (1) A fire protection
  authority plan developed pursuant to [section 3] must include:
           (a)      the services that will be provided by the proposed fire protection authority;
           (b)      a timetable for the proposed fire protection authority, including the date of the creation of the
  fire protection authority;
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                                                    Unofficial Draft Copy
****                                               As of: 11/15/2024, 12:59:42
69th Legislature 2025                              Drafter: Toni Henneman, ****                                     LC 0136
          (c)      the name of the proposed fire protection authority;
          (d)      the boundary map and legal description of the geographic area of the proposed fire protection
  authority;
          (e)      the method of financing the proposed fire protection authority as provided in [section 8];
          (f)      the estimated financial impact on the average taxpayer who resides within the boundaries of
  the proposed fire protection authority;
          (g)      the process for dissolving the fire protection jurisdictions that will be replaced by the proposed
  fire protection authority and how responsibilities will be transferred to the proposed fire protection authority;
          (h)      whether the proposed fire protection authority will be administered by an appointed or elected
  board of trustees;
          (i)      a list of all equipment, apparatus, and real and personal property to be transferred to the
  proposed fire protection authority;
          (j)      if applicable, a list of all employees, including:
          (i)      compensation at the time of transfer;
          (ii)     insurance coverage or workers' compensation coverage;
          (iii)    promotion and service time accrual; and
          (iv)     the length or terms of probationary periods;
          (k)      the estimated budget to operate the proposed fire protection authority;
          (l)      a list of existing contracts and obligations;
          (m)      any funds, credits, or other assets;
          (n)      any warrant of bonded indebtedness to be assumed by the proposed fire protection authority;
  and
          (o)      any other aspect of the proposed fire protection authority that the planning committee
  determines necessary.
          (2)      After a fire protection authority plan has been adopted by the planning committee, the plan
  must be forwarded to the governing bodies who participated in the committee.
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          NEW SECTION. Section 5.           Review of plan, submission to the electorate -- combination of
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69th Legislature 2025                              Drafter: Toni Henneman, ****                                    LC 0136
  elections. (1) Within 60 days of receipt of a fire protection authority plan, the governing bodies of the local
  governments whose fire protection jurisdictions are part of the proposed fire protection authority shall hold at
  least one public hearing, noticed as provided in 7-1-2121 or 7-1-4127, on the plan and creation of the proposed
  fire protection authority.
          (2)      Within 30 days of the hearing, the board of county commissioners shall determine whether to
  order that the question of creation of an authority be submitted to the electorate.
          (3)      If a governing body orders that the question of creation of an authority be submitted to the
  electorate, the governing body shall pass a resolution of intention to submit the question to the electorate. The
  resolution must state the items that are required to be included in the fire authority plan under [section 4].
          (4)      A governing body may request changes to a fire authority plan based on public comment and
  may schedule subsequent public hearings on those changes.
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          NEW SECTION. Section 6.          Submission to the electorate -- conduct of election -- combination of
  elections. (1) If a governing body orders that the question of creation of an authority be submitted to the
  electorate, the election must be conducted in accordance with Title 13, chapter 1, part 5.
          (2)      The proposition to be submitted to the electorate must read: "Shall the proposition to create
  (name of proposed authority) be adopted?"
          (3)      An individual is entitled to vote on the proposition if the individual is:
          (a)      a registered elector of the state; and
          (b)      a resident of or owner of taxable real property in the area subject to the proposed authority.
          (4)      If the proposition is approved, the election administrator of each county shall:
          (a)      immediately file with the secretary of state a certificate stating that the proposition was adopted;
          (b)      record the certificate in the office of the clerk and recorder of the county or counties in which
  the authority is situated; and
          (c)      notify any municipalities lying within the boundaries of the authority.
          (5)      (a) If the authority plan calls for the authority to be administered by an elected board; the
  governing body may order that the election on the question of creation of an authority be combined with the
  election of the members of the board so that the qualified electors may vote on these matters on the same date
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69th Legislature 2025                              Drafter: Toni Henneman, ****                                           LC 0136
  and at the same time. The provisions of 7-11-1010 apply to terms of board members if the election is combined.
           (b)     The governing body may order that the approval or rejection of creation of the authority also
  constitutes the approval or rejection of the fire authority plan.
           (6)     If a majority of the electorate in each fire protection jurisdiction that proposes to create an
  authority approves creation of the authority, the authority is created.
           (7)     Upon creation of the authority, the fire protection jurisdictions included in the authority cease to
  exist.
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           NEW SECTION. Section 7.         Certificate of establishment. (1) On receipt of the certificate referred to
  in [section 6(4)], the secretary of state shall, within 10 days, issue a certificate reciting that the specified
  authority has been established according to the laws of the state. A copy of the certificate must be transmitted
  to and filed with the clerk and recorder of the county or counties in which the authority is situated.
           (2)     When the certificate is issued by the secretary of state, the authority named in the certificate is
  established with all of the rights, privileges, and powers set forth in [section 10].
           (3)     The provisions of 7-11-1014 apply to additional reporting requirements for a fire protection
  authority.
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           NEW SECTION. Section 8.         Financing of authority. (1) A fire protection authority may be financed
  using the following methods:
           (a)     establishment of a mill levy as provided in subsection (2) and subject to the provisions of 15-
  10-420; or
           (b)     through the imposition of fees as provided for in 7-33-2404.
           (2)     (a) When two or more fire protection jurisdictions with mill levy authority are dissolved and
  transferred into a fire protection authority pursuant to [sections 1 through 20], the fire protection authority must
  be considered as a new taxing entity for the purposes of determining mill levy limitations.
           (b)     Subject to subsection (2)(c), the fire protection authority may impose a mill levy sufficient to
  generate the total amount of property taxes actually assessed by each former fire protection jurisdiction that
  becomes part of the fire protection authority in the current year. The mill levy established in this subsection is
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69th Legislature 2025                                Drafter: Toni Henneman, ****                                   LC 0136
  subject to the provisions of 15-10-420.
          (c)      If the electors of a former fire protection jurisdiction have approved mill levy authority in excess
  of the limit established in pursuant to an election held under , the mill levy authority applies to the fire protection
  authority under the limitations established by the electors.
          (3)      The fire protection authority is liable for any outstanding warrant and bonded indebtedness of
  each former fire protection jurisdiction that becomes part of the fire protection authority.
          (4)      Subject to , the board of county commissioners may levy a tax upon all taxable property within
  a fire protection authority for the purpose of purchasing disability income insurance coverage or workers'
  compensation coverage for the volunteer firefighters of the fire protection authority as provided in 7-6-621.
          (5)      The board of county commissioners or the trustees, if the fire protection authority is governed
  by trustees, may pledge the income of the fire protection authority, subject to the requirements and limitations
  of [section 10(1)(g)], to secure financing necessary to procure equipment and buildings, including real property,
  to house the equipment.
          (6)      In addition to the levy authorized in subsection (2), a fire protection authority may borrow
  money by the issuance of bonds to provide funds for the payment of all or part of the cost of buying or
  maintaining fire protection facilities, including real property, and apparatus, including emergency response
  apparatus, for the fire protection authority.
          (7)      The amount of debt incurred pursuant to subsection (5) and the amount of bonds issued
  pursuant to subsection (6) and outstanding at any time may not exceed 1.1% of the total assessed value of
  taxable property, determined as provided in , within the fire protection authority, as ascertained by the most
  recent assessment for state and county taxes prior to the incurrence of debt or the issuance of the bonds.
          (8)      The bonds must be authorized, sold, and issued and provisions must be made for their
  payment in the manner and subject to the conditions and limitations prescribed for the issuance of bonds by
  counties under Title 7, chapter 7, part 22.
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          NEW SECTION. Section 9.          Operation of fire authority. (1) When a board of county commissioners
  establishes a fire protection authority, the commissioners may:
          (a)      govern and manage the fire protection authority;
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69th Legislature 2025                                Drafter: Toni Henneman, ****                                     LC 0136
          (b)      appoint five qualified trustees to govern and manage the fire protection authority; or
          (c)      after the expiration of terms for the initial board of trustees, authorize the election of five
  qualified trustees to govern and manage the fire protection authority. The term of office and procedures for
  nomination and election are the same as those provided for election of rural fire district trustees in .
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          NEW SECTION. Section 10.             Powers and duties of trustees. (1) The trustees:
          (a)      shall prepare and adopt suitable bylaws;
          (b)      have the authority to provide adequate and standard firefighting and emergency response
  apparatus, equipment, personnel, housing, and facilities, including real property and emergency medical
  services and equipment, for the protection of the area within the fire protection authority;
          (c)      may appoint and form fire companies that have the same duties, exemptions, and privileges as
  other fire companies for retirement purposes only;
          (d)      shall prepare annual budgets and request special levies for the budgets. The budget laws
  relating to county budgets must, as far as applicable, apply to fire protection authorities.
          (e)      may enter into cont