76-15-213. Processing of application by secretary of state. (1) The secretary of state shall examine the application and statement, and if the secretary of state finds that the name proposed for the district is not identical with that of any other conservation district of this state or so nearly similar as to lead to confusion or uncertainty, the secretary of state shall receive and file the application and statement and shall record them in an appropriate book of record in the secretary of state's office.
(2) If the secretary of state finds that the name proposed for the district is identical with that of any other conservation district of this state or so nearly similar as to lead to confusion and uncertainty, the secretary of state shall certify that fact to the department. The department shall submit to the secretary of state a new name for the district which is not subject to the defects. Upon receipt of the new name free of defects, the secretary of state shall record the application and statement with the modified name in an appropriate book of record in the secretary of state's office.
(3) The secretary of state shall make and issue to the supervisors, without cost, a certificate under the seal of the state of the due organization of the district and shall record the certificate with the application and statement.
History: En. Sec. 5, Ch. 72, L. 1939; amd. Sec. 3, Ch. 73, L. 1961; amd. Sec. 4, Ch. 431, L. 1971; amd. Sec. 90, Ch. 253, L. 1974; amd. Sec. 1, Ch. 18, L. 1977; R.C.M. 1947, 76-105(part); amd. Sec. 280, Ch. 418, L. 1995.
Structure Montana Code Annotated
Title 76. Land Resources and Use
Chapter 15. Conservation Districts
Part 2. Creation of Conservation Districts
76-15-201. Petition to create conservation district
76-15-202. Hearing on petition
76-15-203. Hearing procedure if additional territory to be included
76-15-204. Determination of need for district
76-15-205. Criteria for determining need
76-15-206. Determination of administrative practicability of district
76-15-207. Referendum on question of creating district
76-15-208. Administration of hearings and referenda
76-15-209. Procedure following referendum
76-15-210. Criteria for determining administrative practicability
76-15-211. Appointment of supervisors
76-15-212. Submission of application by appointed supervisors
76-15-213. Processing of application by secretary of state
76-15-214. Evidentiary status of certificate issued by secretary of state
76-15-215. District as governmental subdivision and public body