Bill > HB68

This bill expands the powers of county commissioners by allowing them to initiate civil proceedings seeking a writ of mandamus (a legal order compelling an official or government entity to perform a specific action) against local government entities within their county. The bill modifies existing law to explicitly grant county commissioners the ability to seek such writs and hire outside counsel to litigate these proceedings, with the potential to recover attorney fees and costs. The legislation also adds provisions that if an elected or appointed official is found in contempt for not complying with a mandamus writ, they may be subject to recall procedures. Specifically, the bill amends two sections of Montana Code Annotated (MCA): Section 7-4-2110, which outlines county commissioners' supervisory powers, and Section 27-26-206, which describes the enforcement of mandamus writs. The term "local government entity" is defined by referencing another section of Montana law, with explicit exclusions for counties, consolidated city-counties, incorporated cities or towns, and school districts. This bill effectively provides county commissioners with a stronger legal mechanism to ensure compliance and accountability among local government bodies.

Government Affairs

https://bills.legmt.gov/#/laws/bill/20251/LC0113