Montana Code Annotated 2023

TITLE 7. LOCAL GOVERNMENT

CHAPTER 5. GENERAL OPERATION AND CONDUCT OF BUSINESS

Part 1. Local Government Ordinances, Resolutions, and Initiatives and Referendums

Right Of Initiative And Referendum

7-5-131. Right of initiative and referendum. (1) Except as provided in subsection (2), the powers of initiative and referendum are reserved to the electors of each local government. Resolutions and ordinances within the legislative jurisdiction and power of the governing body of the local government may be proposed or amended and prior resolutions and ordinances may be repealed in the manner provided in 7-5-132 through 7-5-135 and 7-5-137.

(2) The powers of initiative do not extend to the following:

(a) the annual budget;

(b) bond proceedings, except for ordinances authorizing bonds;

(c) the establishment and collection of charges pledged for the payment of principal and interest on bonds;

(d) the levy of special assessments pledged for the payment of principal and interest on bonds;

(e) the prioritization of the enforcement of any state law by a unit of local government; or

(f) the regulation of auxiliary containers, defined in 7-1-121(4), as prohibited by 7-1-121(2).

History: En. 47A-3-106 by Sec. 9, Ch. 477, L. 1977; R.C.M. 1947, 47A-3-106(1), (2); amd. Sec. 1, Ch. 161, L. 2011; amd. Sec. 76, Ch. 49, L. 2015; amd. Sec. 3, Ch. 220, L. 2021.