Montana Statutes

§ 7-1-112 — Powers Requiring Delegation

Montana·Title 7 LOCAL GOVERNMENT·Ch. 1 GENERAL PROVISIONS·Part 1 Nature of Self-GoverningLocal Governments and Local Government Prohibitions

7-1-112 . Powers requiring delegation. A local government with self-government powers is prohibited the exercise of the following powers unless the power is specifically delegated by law:

(1)the power to authorize a tax on income or the sale of goods or services, except that, subject to 15-10-420 , this section may not be construed to limit the authority of a local government to levy any other tax or establish the rate of any other tax;
(2)the power to regulate private activity beyond its geographic limits;
(3)the power to impose a duty on another unit of local government, except that nothing in this limitation affects the right of a self-government unit to enter into and enforce an agreement on interlocal cooperation;
(4)the power to exercise any judicial function, except as an incide

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Legislative History

En. 47A-7-202 by Sec. 1, Ch. 345, L. 1975; R.C.M. 1947, 47A-7-202; amd. Sec. 3, Ch. 584, L. 1999.

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