67th Legislature HJ 30.1
1 HOUSE JOINT RESOLUTION NO. 30
2 INTRODUCED BY L. BREWSTER
3 BY REQUEST OF THE (H) LOCAL GOVERNMENT
4
5 A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF
6 MONTANA REQUESTING AN INTERIM STUDY TO REVIEW AND ASSESS THE CURRENT GOVERNANCE
7 STRUCTURE OF COUNTY WATER AND/OR SEWER DISTRICTS.
8
9 WHEREAS, a statutory framework is provided for county water and/or sewer district boards in Title 7,
10 chapter 13, parts 22 and 23, and multiple instances have illustrated that the framework may not be working as
11 effectively as possible; and
12 WHEREAS, Title 7, chapter 13, parts 22 and 23, have seen limited amendments during the past 40
13 years, leading to antiquated language and possibly an antiquated governance structure that may benefit from
14 modernization to ensure that county water and/or sewer district boards are able to function properly and
15 efficiently; and
16 WHEREAS, both House Bill 447 from the 2019 session and House Bill 255 from the 2021 session
17 sought to address issues of possible mismanagement and ineffectual leadership of county water and/or sewer
18 boards and brought awareness that further study and possible action is necessary to ensure that all citizens
19 receive fair and equitable treatment, services, and rates from their county water and/or sewer district board; and
20 WHEREAS, the Legislature recognizes the importance of providing a statutory framework for local
21 entities that addresses statewide issues and offers statewide solutions to ensure that each individual county
22 water and/or sewer district can address and rectify issues that are unique to its area while still operating within
23 a framework that works for all county water and/or sewer districts across the state.
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF
26 THE STATE OF MONTANA:
27 That the Legislative Council be requested to designate an appropriate interim committee or statutory
28 committee, pursuant to section 5-5-217, MCA, or direct sufficient staff resources to:
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67th Legislature HJ 30.1
1 (1) conduct a comprehensive review of the county water and/or sewer district statutes found in Title 7,
2 chapter 13, parts 22 and 23;
3 (2) review and assess the current governance structures allowed to a county water and/or sewer
4 district board and analyze the efficiency and effectiveness of the current structures;
5 (3) review and assess the processes available to appoint, elect, and remove a director from a county
6 water and/or sewer board of directors;
7 (4) analyze the available responsibilities and powers of a county board of commissioners or a city
8 governing body to oversee the actions of a county water and/or sewer district board;
9 (5) evaluate whether viable options currently exist to offer corrections to a district board that is
10 operating ineffectively; and
11 (6) if necessary, develop legislation to amend current statutory guidance or recommend the creation
12 of a new governance structure for county water and/or sewer districts.
13 BE IT FURTHER RESOLVED, that the study include representatives from interested parties, including
14 but not limited to the Montana Association of Counties, the Montana League of Cities and Towns, Montana
15 Rural Water Districts, the Montana State University Local Government Center, and other city, county, or water
16 and/or sewer district representatives as considered appropriate.
17 BE IT FURTHER RESOLVED, that if the study is assigned to staff, any findings or conclusions be
18 presented to and reviewed by an appropriate committee designated by the Legislative Council.
19 BE IT FURTHER RESOLVED, that all aspects of the study, including presentation and review
20 requirements, be concluded prior to September 15, 2022.
21 BE IT FURTHER RESOLVED, that the final results of the study, including any findings, conclusions,
22 comments, or recommendations of the appropriate committee, be reported to the 68th legislature.
23 - END -
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