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69th Legislature 2025 HB 68
- 1 - Authorized Print Version – HB 68
ENROLLED BILL
AN ACT AUTHORIZING COUNTY COMMISSIONERS TO INITIATE MANDAMUS PROCEEDINGS; AND
AMENDING SECTIONS 7-4-2110 AND 27-26-206, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 7-4-2110, MCA, is amended to read:
"7-4-2110. Supervision of county and other officers. (1) The board of county commissioners has
jurisdiction and power, under the limitations and restrictions that are prescribed by law, to:
(1)(a) supervise the official conduct of all county officers and officers of all districts and other
subdivisions of the county charged with assessing, collecting, safekeeping, managing, or disbursing public
revenue;
(2)(b) see that the officers faithfully perform their duties;
(3)(c) direct prosecutions for delinquencies;
(4)(d) when necessary, require the officers to renew their official bonds, make reports, and present
their books and accounts for inspection; and
(5)(e) require the officers to supervise staff in a manner that complies with personnel policies and
procedures adopted by the county governing body. ;
(f) initiate civil proceedings to seek a writ of mandamus to compel or enjoin the performance of an
act by a local government entity within the county or any member of its governing body; and
(g) hire outside counsel to litigate a proceeding seeking a writ of mandamus and recover attorney
fees and costs as determined by a court.
(2) (a) Except as provided in subsection (2)(b), as used in this section, "local government entity"
has the meaning provided in 2-7-501.
(b) The term does not include a county, consolidated city-county, incorporated city or town, or
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69th Legislature 2025 HB 68
- 2 - Authorized Print Version – HB 68
ENROLLED BILL
school district."
Section 2. Section 27-26-206, MCA, is amended to read:
"27-26-206. Enforcement of writ -- penalty. (1) When a peremptory mandate has been issued and
directed to any lower tribunal, corporation, board, or person, if it appear to the court or judge that any member
of the tribunal, corporation, board, or person upon whom the writ has been personally served has, without just
excuse, refused or neglected to obey the writ, the court may, upon motion, impose a fine not exceeding $1,000.
In case of persistence in a refusal of obedience, the court may order the party to be imprisoned until the writ is
obeyed and may make any orders necessary and proper for the complete enforcement of the writ.
(2) When a party is an elected or appointed official and is found in contempt pursuant to 3-1-501
for not complying with a writ of mandamus, the official may be subject to recall pursuant to the provisions of
Title 2, chapter 16, part 6."
- END -
I hereby certify that the within bill,
HB 68, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 68
INTRODUCED BY S. GIST
BY REQUEST OF THE LOCAL GOVERNMENT INTERIM COMMITTEE
AN ACT AUTHORIZING COUNTY COMMISSIONERS TO INITIATE MANDAMUS PROCEEDINGS; AND
AMENDING SECTIONS 7-4-2110 AND 27-26-206, MCA.