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of the governing body of the local government may be proposed or amended and prior resolutions and ordinances may be repealed in the manner provided in 7-5-132 through 7-5-135 and 7-5-137.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(5), 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.
Structure Montana Code Annotated
Chapter 5. General Operation and Conduct of Business
Part 1. Local Government Ordinances, Resolutions, and Initiatives and Referendums
7-5-102. Construction of certain sections
7-5-103. Ordinance requirements
7-5-105. Effective date of ordinance
7-5-106. Ordinance veto procedure
7-5-107. Register of ordinances and codification
7-5-108. Adoption and amendment of codes by reference
7-5-109. Penalty for violation of ordinance
7-5-110. through 7-5-120 reserved
7-5-121. Resolution requirements
7-5-122. Resolution veto procedure
7-5-123. Effective date of resolutions
7-5-124. through 7-5-130 reserved
7-5-131. Right of initiative and referendum
7-5-132. Procedure for initiative or referendum election
7-5-133. Processing of petition
7-5-134. Signatures -- submission for approval -- statement of purpose and implication
7-5-135. Suit to determine validity and constitutionality of petition and proposed action
7-5-137. Effect of repeal or enactment of ordinance by initiative or referendum