RESOLUTION 2002-1

 

WIRELESS COMMUNICATION STANDARDIZED REGULATIONS

Text Box: It is the intent of the Montana Association of Counties to support the establishment of standardized wireless communication regulations in Montana and to provide authority to counties to additionally tailor the regulations.

 

 

           

 

 

 

 

WHEREAS, in Montana, there are no statutes that provide regulations or guidelines to address wireless communications facilities; and

 

WHEREAS, the demand by citizens for new wireless communications services has produced an increased need for installation towers and antenna to serve areas within municipalities; and,

 

WHEREAS, local government increasingly receives applications from wireless communication providers,

 

NOW, THEREFORE, BE IT RESOLVED that the Montana Association of Counties seek to establish legislation that regulates wireless communications services in conformity with the authority outlined in the federal Telecommunications Act of 1996, which will provide:

 

  1. regulations and guidelines to accommodate the increasing communication needs  of  Montanans; and

 

  1. authority to local jurisdictions to meet the wireless communications services goals of their growth policies; and,

 

  1. support of subdivision regulations and other ordinances that may be established to assure the maintenance of public health, safety, convenience, natural resources, visual environment, co-location of wireless communication providers, appearance, and general welfare.

 

SPONSOR:                                        Information Technology Committee

 

RECOMMENDATION:                   Do Pass

 

PRIORITY:                                        High    

 

REFERRED TO:                               I.T.C.              

 

ADOPTED:                                        Annual Conference; Big Sky, MT                                                                                                         September 25, 2002                                                                                                                                           

            RESOLUTION 2002-2 

 

INTERNET MOTOR VEHICLE REGISTRATION RENEWAL

 

It is the intent of the Montana Association of Counties to provide for motor vehicle registration renewal via the Internet for all Montanans.
 
 

 

 

 

 

 


WHEREAS, Motor Vehicle Registration Renewal is one of the most frequently required County services; and

 

WHEREAS, the public often has to travel long distances and wait in lines taking valuable time during business hours to renew existing motor vehicle registrations; and

 

WHEREAS, the technology exists to provide Internet registration renewals in the State of Montana and 61-3-345 MCA requires the Department of Justice to maintain the statewide motor vehicle computer system utilized by all county motor vehicle departments;

 

WHEREAS, Internet registration renewal could be at the option of the owner; (Those who would rather register their vehicle in person or through the mail could do so); and

 

WHEREAS, Internet motor vehicle registration renewal would require funding sources and cooperation between various state and local governments; and

 

WHEREAS, Internet registration renewal would reduce long lines, owner expense and travel time and would, therefore, be in the public interest.

 

NOW, THEREFORE, BE IT RESOLVED that the Montana Association of Counties supports the immediate development and deployment of an Internet motor vehicle registration renewal system.

 

 

SPONSOR:                                        Information Technology Committee

 

RECOMMENDATION:                  Do Pass

 

PRIORITY:                                        High

 

REFERRED TO:                               Information Technology Committee

 

ADOPTED:                                        Annual Conference; Big Sky, MT

                                                            September 25, 2002

 

 

RESOLUTION 2002-3

 

WILDLIFE MANAGEMENT TO PREVENT DEPREDATION OF CROPS,

CROPLAND AND RANGELAND

 

It is the intent of the Montana Association of Counties to seek legislation to require the State of Montana to manage wildlife in a sustainable manner.
 
 

 

 

 

 


WHEREAS, private landowners manage livestock numbers on private range and cropland in a sustainable manner; and

 

WHEREAS, private landowners maintain livestock numbers to reflect

 

WHEREAS, Section 87-1-301 M.C.A. grants to the Montana Fish, Wildlife and Parks Commission the authority to establish wildlife seasons and harvest quotas; and

 

WHEREAS, Section 87-1-304 M.C.A. authorizes the Commission to fix seasons, bag limits, possession limits and season limits and to open or close or shorten or lengthen seasons on any species of game, bird, fish or fur-bearing animal; and

 

WHEREAS, the Commission has determined target populations for several game species by the adoption of species-specific management plans; and

 

WHEREAS, current wildlife numbers exceed the target populations in many areas; and

 

WHEREAS, the carrying capacity of public lands has been reduced by successive years of drought, forcing many game animals to leave public lands in search of adequate food; and

 

WHEREAS, this migration from public lands to private land has caused depredation of crops and range causing serious economic hardship to private property owners,

 

NOW THEREFORE, BE IT RESOLVED that the Montana Association of Counties seek legislation to require the Montana Fish, Wildlife and Parks Commission to set harvest quotas and regulate the harvest of wildlife in a manner that represents biologically sound management of big game populations of deer, elk and antelope to control the impacts those game animal populations have on private property.

 

SPONSOR:                                         MACo Agriculture Committee

 

RECOMMENDATIONS:                  Do Pass

 

PRIORITY:                                        High

 

REFERRED TO:                                MACo Agriculture Committee

 

ADOPTED:                                        Annual Conference, Big Sky, MT

                                                            September 25, 2002

 

 

 

RESOLUTION 2002-4

 

LOCAL DROUGHT ADVISORY COMMITTEES

 

Text Box: It is the intent of the Montana Association of Counties to facilitate the creation of a local drought advisory committee in every county in Montana.

 

 

 

 

WHEREAS, the drought which occurred in Montana in 1988 called attention to the fact that Montana needed a unified plan for mitigating the effects of drought; and

 

WHEREAS, the Legislature of the State of Montana created a state-wide drought committee, the Montana Drought Advisory Committee, via HB 537 (1991); and

 

WHEREAS, HB 537 provided for the creation of local drought advisory committees; and

 

WHEREAS, not all counties have created local drought advisory committees; and

 

WHEREAS, the benefits to be derived by local communities from the creation of a local drought advisory committee are numerous,

 

NOW THEREFORE, BE IT RESOLVED that the Montana Association of Counties supports the creation of local Drought Advisory Committees in every county in the State; and

 

BE IT FURTHER RESOLVED that these Local Drought Advisory Committees be comprised of a broad membership representing a cross-section of interests.

 

 

 

SPONSOR:                                        MACo Agriculture Committee

 

RECOMMENDATIONS:                Do Pass

 

PRIORITY:                                        High

 

REFERRED TO:                               MACo Agriculture Committee

 

ADOPTED:                                        Annual Conference; Big Sky, MT

                                                            September 25, 2002

 

 

 

 

 

 

 

RESOLUTION 2002-5

 

 COUNTY WEATHER STATION PROJECT

It is the intent on the Montana Association of Counties to support

the use of data generated by county operated/maintained weather monitoring stations to affect changes in national policy in determining disaster declarations and implementation of  Farm Service Agency programs.
 
 

 

 

 

 

 

 

 

 


WHEREAS, the current methods for determining disaster declarations used by the Farm Service Agency does not accurately reflect localized conditions; and

 

WHEREAS, FSA policies do not recognize actual conditions in determining disaster declarations,

 

NOW, THEREFORE, BE IT RESOLVED that MACo supports using expanded scientific data collected at county monitoring stations in addition to National Weather Service data for determining disaster declarations and the implementation of FSA programs; and

 

BE IT FURTHER RESOLVED that disaster designation thresholds be based upon available data generated by NWS and local monitoring stations established within counties.  The data should include but not be limited to precipitation, wind speed, soil temperature, air temperature, evapo-transpiration, evaporation, soil moisture and snow cover.  All weather data used to determine the disaster threshold should be collected within similar geographic regions and should come from any recognized data source including county collection stations.

 

 

 

SPONSOR:                                        MACo Agriculture Committee

 

RECOMMENDATION:                  Do Pass

 

PRIORITY:                                        Medium

 

REFERRED TO:                               MACo Agriculture Committee

 

ADOPTED:                                        Annual Conference; Big Sky, MT

                                                            September 25, 2002

 

 

 

 

 

RESOLUTION 2002-8

 

 ADMINISTRATION FOR INDIGENT DEFENSE

AND YOUTH IN NEED OF CARE

 

It is the intent of the Montana Association of Counties to establish the State of Montana as the entity responsible for the administration of indigent defense and appointment of counsel for youth in-need-of-care cases.
 
 

 

 

 

 

 

 


WHEREAS,  MCA 3-5-901 identifies eligible costs reimbursable under the State’s district court reimbursement program; and

 

WHEREAS, the costs identified under MCA 3-5-901 are related to judicial matters; and

 

WHEREAS, the State of Montana has assumed costs associated with the district courts; and

 

WHEREAS, counties should not be responsible and are not structured to properly evaluate the effectiveness of judicial matters,

 

NOW, THEREFORE, BE IT RESOLVED that The Montana Association of Counties support the State assumption of costs identified in MCA 3-5-901.

 

 

SPONSER:                                         Study Commission, Youth in Need of Care,

Yellowstone County, District 6 & 7

 

RECOMMENDATION:                  Do Pass

 

PRIORITY:                                        High

 

REFERRED TO:                               MACo Health and Human Services Committee

 

ADOPTED:                                        Annual Conference; Big Sky, MT

                                                            September 25, 2002

 

 

 

 

 

 

 

 

 

 

 

 

 

RESOLUTION 2002-9

 

COUNTY USE OF STATE WATERS

It is the intent of the Montana Association of Counties to exempt local governments from the requirement to lease water rights.
 
 

 

 

 

 

 


WHEREAS, local governments are an extension of the State of Montana; and

 

 

WHEREAS, the use of State of Montana waters by local government is for the beneficial use of the citizens of the State of Montana; and

 

 

WHEREAS, complying with the requirements of MCA 85-2-410 is impractical for local governments and lessors; and

 

 

WHEREAS, the water used for road construction and dust control by contractors and local governments is not of significant amounts,

 

 

NOW, THEREFORE, BE IT RESOLVED that the Montana Association of Counties seek to amend MCA 85-2-410 to exempt local governments from the requirement to lease Montana water rights.

 

 

 

SPONSOR:                                        Carbon County

 

RECOMMENDATION:                  Do Pass

 

PRIORITY:                                        High

 

REFERRED TO:                               MACo Resolutions Committee and

MACo Transportation Committee

 

ADOPTED:                                        Annual Conference; Big Sky, MT

                                                            September 25, 2002

 

SOLUTION 2002 –10

 

PAYMENT OF LOCAL REGISTRAR FEES

It is the intent of the Montana Association of Counties to propose legislation that if the Local Registrar, appointed by the Department of Health and Human Services, is employed by a county, the fee should be paid to the county department where the registrar is employed.
 
 

 

 

 

 

 

 

 


WHEREAS, Title 50, Chapter 15, Part 3 of Montana Code Annotated provides for the appointment of a “local registrar” by the Department of Public Health and Human Services to report to on a monthly basis all births, deaths and fetal deaths and to designate a fee to be paid for these services out of the county treasury; and

 

WHEREAS, the task of reporting vital statistics is often done by county employees.

 

 NOW, THEREFORE, BE IT RESOLVED that the Montana Association of Counties proposes that if the local registrar, appointed by the Department of Public Health and Human Services, is a county employee, the fee should be paid to the county department where the registrar is employed.

 

PROPOSED LANGUAGE:

 

50-15-107.  Payment of fees to local registrars. (1) The department may specify by regulation a fee to be paid each local registrar for each complete birth, death, or fetal death certificate forwarded by the local registrar to the department or a monthly report stating the local registrar did not file certificates.

            (2)  The department shall annually certify to the county treasurer the number of births, fetal deaths, deaths, or monthly reports received from his county with the names of the local registrars and the amount due each.

            (3)  The treasurer shall pay each local registrar out of the county general fund.

            (4)  If the local registrar is employed by a county , payment made from the county treasury shall be made to the department in which the registrar is employed.

 

SPONSOR:                                        Fergus County, Districts 6 & 7

 

RECOMMENDATION:                  Do Pass

 

PRIORITY:                                        High

 

REFERRED TO:                               MACo Resolution Committee

 

ADOPTED:                                        Annual Conference; Big Sky, MT

                                                            September 25, 2002

 

 

 

RESOLUTION 2002-11 

 

COMPENSATION OF ELECTION JUDGES

 

It is the intent of the Montana Association of Counties

to support an increase in pay for election judges.
 
 

 

 

 

 

 


WHEREAS, Montana counties want to recruit and retrain election judges; and

 

WHEREAS, some counties wish to pay election judges more than prevailing federal minimum wage,

 

NOW, THEREFORE, BE IT RESOLVED that the Montana Association of Counties support legislation which would amend 13-4-106 (1) MCA to insert and remove as follows (2), “election judges must be paid at no less than the prevailing federal minimum wage…..”

 

 

 

SPONSOR:                                        Lewis and Clark County

                                                            Districts 8, 9 and 10

 

RECOMMENDATIONS:                Do Pass

 

PRIORITY:                                        High

 

REFERRED TO:                               MACo Resolutions Committee, Clerk & Recorders

 

ADOPTED:                                        Annual Conference; Big Sky, MT

                                                            September 25, 2002

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

    RESOLUTION 2002-12   

 

 

ARCHITECTURAL, ENGINEERING AND LAND SURVEYING

CONTRACTS AND FEE LIMITATION

 

It is the intent of the Montana Association of Counties to raise the fee limit for architectural, engineering and/or land surveying.

 
 

 

 

 

 


Whereas, under current state law, the governing body of a county may not contract and/or directly negotiate for architectural, engineering or surveying services which may cost over $10,000; and

 

Whereas, small projects or improvements to existing projects may have costs beyond $10,000 and necessitate a lengthy bidding and/or negotiation process;

 

NOW, THEREFORE, BE IT RESOLVED that MCA 18-8-212 be amended to allow contracts for services by direct negotiation not to exceed $20,000.

 

18-8-212.  Exception.

(1)  All agencies securing architectural, engineering, and land surveying services for projects for which the fees are estimated not to exceed $10,000 $20,000 may contract for those professional services by direct negotiation.

(2)  No agency may separate service contracts or split or break projects for the purpose of circumventing the provisions of this part.

 

 

SPONSOR:                            MACo Transportation Committee and  MACRS                                             

RECOMMENDATION:      Do Pass          

 

PRIORITY:                            High                            

 

REFERRED TO:                   MACo Transportation Committee and  MACRS                                 

 

ADOPTED:                            Annual Conference; Big Sky, MT

                                                September 25, 2002                

 

 

 

RESOLUTION 2002-14

 

AMENDING THE UNIFROM UNCLAIMED PROPERTY ACT

It is the intent of the Montana Association of Counties to seek legislation exempting government, governmental subdivisions, agencies or instrumentalities from the provisions of the Uniform Unclaimed Property Act, MCA 70-9-801, et seq.
 
 

 

 

 

 

 

 

 


            Whereas, the Uniform Unclaimed Property Act directs the Department of Revenue to conduct audits to determine the existence of unclaimed property, tangible or fixed or owed in the course of a holder’s business as well as all income or increments from the property; and

 

            Whereas, all property that is presumed abandoned, whether located in this or another state, is subject to the custody of this state; and

 

            Whereas, this presumes to include such property held in the course of business by the government or governmental subdivisions, agencies, or instrumentalities, and more specifically, Counties.

 

            Now, therefore, be it resolved that the Montana Association of Counties will seek to establish a legislative exemption for governmental subdivisions, agencies or instrumentalities thereof.

 

 

            SPONSOR:                                        MACo RESOLUTIONS COMMITTEE

 

            RECOMMENDATION:                  Do Pass

 

            PRIORITY:                                        High

 

            REFERRED TO:                               MACo RESOLUTIONS COMMITTEE

 

            ADOPTED:                                        Annual Conference; Big Sky, MT

                                                                        September 25, 2002

 

 

 

 

 

 

 

 

 

RESOLUTION 2002-15

 

TO EXCLUDE LEVIES PLEDGED FOR THE REPAYMENT OF

BONDED INDEBTEDNESS

 

It is the intent of the Montana Association of Counties to seek legislation to exempt levies pledged against indebtedness from the provisions for voter approval established in MCA 15-10-420.
 
 

 

 

 

 

 


            Whereas, local government have debt mechanisms which are predicated upon the local governments ability to guarantee to make payments, if necessary, through taxes levied against property within the local government jurisdiction; and

 

            Whereas, under MCA 15-10-412, such an exemption was provided and the limitation on the amount of taxes levied did not apply to “levies pledged for the repayment of bonded indebtedness, including tax increment bonds;” and

 

            Whereas, Bond Counsel is hesitant to provide unqualified opinions as to the issuance of debt, based upon repayment being dependent upon subsequent approval of the voters, for debt issued on their behalf.

 

            Now, therefore, be it resolved that the Montana Association of Counties will seek to amend MCA 15-10-420, consistent with the exemption previously authorized in MCA 15-10-412.

 

            SPONSOR:                            MACo Joint Powers Insurance Authority

 

            RECOMMENDATION:      Do Pass

 

            PRIORITY:                            High

 

            REFERED TO:                      MACo RESOLUTIONS COMMITTEE

 

            ADOPTED:                            Annual Conference; Big Sky, MT

                                                            September 25, 2002    

 

 

 

 

 

 

 

 

 

 

 

 

 

RESOLUTION 2002-16

 

REVISING THE COMPETITIVE BIDDING

REQUIREMENTS FOR CERTAIN LARGE

PURCHASES OR CONSTRUCTION CONTRACTS

 

It is the intent of the Montana Association of Counties to seek legislation to

clarify that if counties bid large purchases or construction contracts, such contracts must not be entered into without first publishing notices and calling for bids.
 
 

 

 

 

 

 

 


            Whereas, legislation was sought in 1999 to increase the dollar amount at which counties would have to publish a notice and call for bids before entering into a contract from $20,000 to a uniform $50,000, and

 

            Whereas, said legislation was amended so as to require that a contract “must be entered into by a county” for purchases and construction in excess of $50,000; and

 

            Whereas, this eliminates the possibility of the county to choose to construct or repair, roads or bridges, using county resources and county personnel.

 

            Now therefore, be it resolved that the Montana Association of Counties will seek to amend MCA 7-5-2301 to be consistent with the original intent as set forth in MACo resolution 96-18 and the introduced version of House Bill 338 passed in the 1999 legislative session.

 

 

            SPONSOR:                            MACo TRANSPORTATION COMMITTEE

 

            RECOMMENDATION:      Do Pass

 

            PRIORITY:                            High

 

            REFERRED TO:                   MACo TRANSPORTATION COMMITTEE

 

            ADOPTED:                            Annual Conference; Big Sky, MT

                                                            September 25, 2002

 

 

 

RESOLUTION 2002 - 17

 

CLARIFYING PUBLIC OFFICER PARTICIPATION IN ORGANIZATIONS

 

It is the intent of the Montana Association of Counties to support legislation to clarify that a public officer may participate in proceedings of an organization or association of local government officials.
 
 

 


           

 

 

 

            2-2-121.  Rules of conduct for public officers and public employees. (1) Proof of commission of any act enumerated in subsection (2) is proof that the actor has breached a public duty.             

(2)  A public officer or a public employee may not:

            (a)  use public time, facilities, equipment, supplies, personnel, or funds for the officer's or employee's private business purposes;

            (b)  engage in a substantial financial transaction for the officer's or employee's private business purposes with a person whom the officer or employee inspects or supervises in the course of official duties;

            (c)  assist any person for a fee or other compensation in obtaining a contract, claim, license, or other economic benefit from the officer's or employee's agency;

            (d)  assist any person for a contingent fee in obtaining a contract, claim, license, or other economic benefit from any agency;

            (e)  perform an official act directly and substantially affecting to its economic benefit a business or other undertaking in which the officer or employee either has a substantial financial interest or is engaged as counsel, consultant, representative, or agent; or

            (f)  solicit or accept employment, or engage in negotiations or meetings to consider employment, with a person whom the officer or employee regulates in the course of official duties without first giving written notification to the officer's or employee's supervisor and department director.

            (3) (a)  A public officer or public employee may not use public time, facilities, equipment, supplies, personnel, or funds to solicit support for or opposition to any political committee, the nomination or election of any person to public office, or the passage of a ballot issue unless the use is:

            (i)  authorized by law; or

            (ii)  properly incidental to another activity required or authorized by law, such as the function of an elected public officer, the officer's staff, or the legislative staff in the normal course of duties.

            (b)  As used in this subsection (3), "properly incidental to another activity required or authorized by law" does not include any activities related to solicitation of support for or opposition to the nomination or election of a person to public office or political committees organized to support or oppose a candidate or candidates for public office. With respect to ballot issues, properly incidental activities are restricted to the activities of a public officer, the public officer's staff, or legislative staff related to determining the impact of passage or failure of a ballot issue on state or local government operations.

            (c)  This subsection (3) is not intended to restrict the right of a public officer or public employee to express personal political views.

            (4)  A public officer or public employee may not participate in a proceeding when an organization, other than an organization or association of local government officials, of which the public officer or public employee is an officer or director is:

            (a)  involved in a proceeding before the employing agency that is within the scope of the public officer's or public employee's job duties; or

            (b)  attempting to influence a local, state, or federal proceeding in which the public officer or public employee represents the state or local government.

            (5)  A public officer or public employee may not engage in any activity, including lobbying, as defined in 5-7-102, on behalf of an organization, other than an organization or association of local government officials, of which the public officer or public employee is a member while performing the public officer's or public employee's job duties. The provisions of this subsection do not prohibit a public officer or public employee from performing charitable fundraising activities if approved by the public officer's or public employee's supervisor or authorized by law.

            (6)  A department head or a member of a quasi-judicial or rulemaking board may perform an official act notwithstanding the provisions of subsection (2)(e) if participation is necessary to the administration of a statute and if the person complies with the disclosure procedures under 2-2-131.

            (7)  Subsection (2)(d) does not apply to a member of a board, commission, council, or committee unless the member is also a full-time public employee.

            (8)  Subsections (2)(b) and (2)(e) do not prevent a member of the governing body of a local government from performing an official act when the member's participation is necessary to obtain a quorum or to otherwise enable the body to act. The member shall disclose the interest creating the appearance of impropriety prior to performing the official act.

           

SPONSOR:                            MACO Resolutions Committee

 

RECOMMENDATION:      Do Pass

 

PRIORITY:                            High

 

REFERRED TO:                   MACo Resolutions Committee

 

ADOPTED:                            Annual Conference; Big Sky, MT

                                                September 25, 2002

 

 

 

 

 

 

 

 

 

 

RESOLUTION 2002 -18

 

 

 EXPAND THE DEFINITION OF “ELECTED OFFICIAL”

 

It is the intent of the Montana Association of Counties to support legislation that would expand the definition of “elected official” to include local elected officials.
 
 

 

 

 

 


5-7-102.  Definitions. The following definitions apply in this chapter:

            (1)  "Business" means:

            (a)  a holding or interest whose fair market value is greater than $1,000, in a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, self-employed person, holding company, joint-stock company, receivership, trust, or other entity or property held in anticipation of profit, but does not include nonprofit organizations; and

            (b)  present or past employment from which benefits, including retirement allowances, are received.

            (2)  "Commissioner" means the commissioner of political practices.

            (3)  "Docket" means the register of lobbyists and principals maintained by the commissioner pursuant to 5-7-201.

            (4)  "Elected official" means a public official holding a state office filled by a statewide vote of all the electors of Montana or a state district office, including but not limited to legislators, public service commissioners, and district court judges and local elected officials. The term "official-elect" also applies to the offices.

            (5)  "Individual" means a human being.

            (6)  "Lobbying" means:

            (a)  the practice of promoting or opposing the introduction or enactment of legislation before the legislature or the members of the legislature by a person other than a member of the legislature or a public official; and

            (b)  the practice of promoting or opposing official action by any public official.

            (7)  "Lobbying for hire" includes activities of the officers, agents, attorneys, or employees of a principal who are paid, reimbursed, or retained by the principal and whose duties include lobbying. If an individual is reimbursed only for his personal living and travel expenses, which together are less than $1,000 per calendar year, that individual is not considered to be lobbying for hire.

            (8) (a)  "Lobbyist" means a person who engages in the practice of lobbying for hire.

            (b)  Lobbyist does not include:

            (i)  an individual acting solely on his own behalf; or

            (ii)  an individual working for the same principal as a licensed lobbyist if the individual does not have personal contact involving lobbying with a public official on behalf of his principal.

            (c)  Nothing in this section deprives an individual not lobbying for hire of the constitutional right to communicate with public officials.

            (9)  "Payment" means distribution, transfer, loan, advance, deposit, gift, or other rendering made or to be made of money, property, or anything of value.

            (10)  "Payment to influence official action" means any of the following types of payment:

            (a)  direct or indirect payment to a lobbyist by a principal, such as salary, fee, compensation, or reimbursement for expenses, excluding personal living expenses; or

            (b)  payment in support of or assistance to a lobbyist or a lobbying activity, including but not limited to the direct payment of expenses incurred at the request or suggestion of the lobbyist.

            (11)  "Person" means an individual, corporation, association, firm, partnership, state or local government or subdivision of state or local government, or other organization or group of persons.

            (12)  "Principal" means a person who employs a lobbyist.

            (13)  "Public official" means an individual, elected or appointed, acting in his official capacity for the state or local government or subdivision thereof. The term does not include those acting in a judicial or quasi-judicial capacity or performing ministerial acts.

            (14)  "Unprofessional conduct" means:

            (a)  violating any of the provisions of this chapter;

            (b)  instigating action by a public official for the purpose of obtaining employment;

            (c)  attempting to influence the action of a public official on a measure pending or to be proposed by:

            (i)  promising financial support; or

            (ii)  making public any unsubstantiated charges of improper conduct on the part of a lobbyist, a principal, or a legislator; or

            (d)  attempting to knowingly deceive a public official with regard to the pertinent facts of an official matter or attempting to knowingly misrepresent pertinent facts of an official matter to a public official.

             

Compiler's Comments:

                        1983 Amendment:   In (3), after "state" deleted "or local"; after "government" deleted "or any political subdivision thereof"; at end of (3) added "or performing ministerial acts"; in (5)(b)(i) after "individual" deleted "Montana"; in (5)(b)(ii) after "personal contact" inserted "involving lobbying"; deleted (7)(c)(i), which read: "(i) the promise of support or opposition at any future election;"; deleted (7)(c)(iv), (7)(c)(v), and (7)(d), which read: "(iv) any improper economic reprisal or other unlawful retaliation against any public official;

 

SPONSOR:                            MACo Resolutions Committee

 

RECOMMENDATION:      Do Pass

 

PRIORITY:                            High

 

REFERRED TO:                   MACo Resolutions Committee

 

ADOPTED:                            Annual Conference; Big Sky, MT

                                                September 25, 2002

 

 

RESOLUTION 2002-19

 

COMMUNITIES AS FOCAL POINT FOR FUNDING & DELIVERY OF MENTAL HEALTH SERVICES

 

It is the intent of the Montana Association of Counties to facilitate communities as the focal point for the delivery of mental health services.

 
 

 

 

 

 

 


WHEREAS, counties recognize that mental health services delivered at the community level are medically and financially most efficacious; and

 

WHEREAS, counties are sympathetic with the DPHHS challenges in controlling the state mental health budget and census at the state hospital; and

 

WHEREAS, a lack of adequately funded community services by the state puts pressure on high-end services and further strains on the budgets,

 

NOW, THEREFORE, BE IT RESOLVED, that MACo supports legislation and planning that emphasizes communities as the focal point for the funding and delivery of mental health services, recognizing that it produces the best results for the mental health consumer and the taxpayer, and should be state funded to an adequate level.

 

 

SPONSOR:                                        MACo Health & Human Service Committee

 

RECOMMENDATION:                  Do Pass

 

PRIORITY:                                        High

 

REFERRED TO:                               MACo Health & Human Services Committee

 

ADOPTED:                                        Annual Conference; Big Sky, MT

                                                            September 25, 2002                

 

 

 

 

 

 

 

 

 

 

RESOLUTION 2002-20

 

 

 

INCREASE ASSESSMENT ON MEDICAID MENTAL HEALTH

 PROVIDER RATE

 

It is the intent of the Montana Association of Counties to support an increased assessment on Medicaid mental health provider rate.
 
 

 

 

 

 

 

 


WHEREAS, mental health providers have provided services for clients in Montana counties for many years; and

 

WHEREAS, a managed care company came and left the State of Montana; and

 

WHEREAS, allowable reimbursement rates have not been increased and no new dollars have been provided to mental health providers for a rate increase,

 

NOW, THEREFORE, BE IT RESOLVED, that MACo endorses increasing the rates paid to providers of mental health services at the local level.

 

 

SPONSOR:                                        MACo Health & Human Services Committee

 

RECOMMENDATION:                  Do Pass

 

PRIORITY:                                        High

 

REFERRED TO:                               MACo Health & Human Services Committee

 

ADOPTED:                                        Annual Conference; Big Sky, MT

                                                            September 25, 2002

 

 

 

 

 

 

 

 

 

RESOLUTION 2002-21

 

 

RETAIN CONTROL OF SUBSTANCE ABUSE DOLLARS

 

It is the intent of the Montana Association of Counties to support legislation whereby counties would retain control of substance abuse dollars.
 
 

 

 

 

 

 

 


WHEREAS, SB 264 in the 57th Regular Legislative Session provided:

 

“funding pursuant to 53-24-206(3)(b) of at least $1 million a year, services provided by funding under this chapter may include treatment and rehabilitation for persons with co-occurring mental illness and chemical dependency, but the total amount expended may not exceed $1,300.000 in each biennium;” and

 

 

WHEREAS, 53-24-108(2) is scheduled to sunset July 1, 2003,

 

NOW, THEREFORE, BE IT RESOLVED, that MACo supports legislation that would bring county substance abuse dollars back to the counties for direct service in the counties as set forth in SB 264.

 

 

SPONSOR:                                        MACo Health & Human Services Committee

 

RECOMMENDATION:                  Do Pass

 

PRIOR