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Committee backs study of rules for creating or altering municipalities and counties

Senate Local Government
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Summary

Senate Joint Resolution 47, a request for an interim study of the processes to create, alter or abandon municipalities and counties, was advanced unanimously by the committee after sponsors described the existing laws as antiquated and rarely used.

The Senate Local Government Committee unanimously voted to advance Senate Joint Resolution 47, an interim study examining processes for creating, altering and abandoning local governments, including municipalities and counties. Senator Forrest Mandeville, sponsor of SJR 47, told the committee the current laws are "somewhat antiquated" and rarely used, and an interim study could identify where the statutes no longer fit modern circumstances.

Senator Mandeville said the study would examine statutory thresholds such as the petition requirement (50 or more registered electors in some contexts) and the density rule that in places requires 200 inhabitants per square mile. He cited recent municipal incorporations such as Clyde Park and Colstrip as examples prompting review of rules written long ago.

Committee members raised historical context and potential topics for the study, including the last time a county was created (several members observed the last county formation dates to the early 20th century, with 1921 cited in committee discussion) and whether reservation boundaries and services should be considered in any county‑creation analysis. Senator Weber suggested including reservations in the review; Senator Fern asked the committee to look at the barriers county creation might pose, including whether counties can financially support themselves.

A member moved a do‑pass recommendation for SJR 47. On roll call vote the measure received unanimous approval from the senators present; the committee recorded all affirmative votes and the motion carried. Senator Mandeville indicated he would carry SJR 47 to the floor.

The resolution directs an interim study and does not itself create or dissolve any county or municipality. The study is intended to identify procedural barriers and potential modernizations to the statutory process that could inform future legislation.