HOUSE BILL NO. 466
INTRODUCED BY R. ERICKSON
A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING THAT TRANSPORTATION COMMISSION MEMBERS BE ELECTED; INCREASING THE NUMBER OF MEMBERS ON THE COMMISSION FROM 5 TO 11; REQUIRING THAT ONE MEMBER OF THE COMMISSION BE A MEMBER OF A FEDERALLY RECOGNIZED MONTANA INDIAN TRIBE OR THE LITTLE SHELL BAND OF CHIPPEWA APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES; PROVIDING TERM LIMITS FOR COMMISSIONERS; PROVIDING FOR REIMBURSEMENT FOR EXPENSES INCURRED WHILE ON COMMISSION BUSINESS; AND AMENDING SECTION 2-15-2502, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 2-15-2502, MCA, is amended to read:
"2-15-2502. Transportation commission -- members elected -- tribal representation -- term of office -- per diem. (1) For the purposes of this section, "commission" means the transportation commission.
(2) There is a transportation commission composed of five 11 members. One member Two members must be a resident
residents of and appointed elected from each of these the districts listed in subsection (3), each composed of the counties
named, and one member must be appointed as provided in subsection (4):.
(3) The districts from which commission members must be elected are as follows:
(a) District 1. Lincoln, Flathead, Sanders, Lake, Mineral, Missoula, Ravalli, Granite, Powell;
(b) District 2. Deer Lodge, Silver Bow, Beaverhead, Madison, Gallatin, Meagher, Broadwater, Jefferson, Park;
(c) District 3. Glacier, Toole, Liberty, Hill, Blaine, Pondera, Teton, Chouteau, Cascade, Lewis and Clark;
(d) District 4. Carter, Powder River, Fallon, Custer, Rosebud, Garfield, Phillips, Valley, McCone, Prairie, Dawson, Wibaux, Richland, Roosevelt, Daniels, Sheridan;
(e) District 5. Golden Valley, Stillwater, Carbon, Big Horn, Yellowstone, Musselshell, Judith Basin, Fergus, Petroleum, Treasure, Wheatland, Sweet Grass.
(2)(4) Of the members appointed from districts 1, 3, 4, and 5, at least one must have specific knowledge of Indian
culture and tribal transportation needs. The member provided for under this subsection must The member who is not
elected from one of the districts listed in subsection (3) must be:
(a) an enrolled member of one of Montana's seven federally recognized Indian tribes or the Little Shell band of Chippewa;
(b) a resident of Montana; and
(c) be selected by the governor after consultation with the Montana members of from a list of three nominees provided
to the governor by the Montana-Wyoming tribal leaders council.
(3) Two members may not be residents of the same district at the time of appointment or during their respective terms
of office.
(4) Not more than three members may at the time of appointment or during their respective terms be members of the
same political party.
(5) An elective state official or state officer, during the term of office to which elected or appointed, or a state employee may not be a member of the commission.
(6) A resolution, motion, or other decision of the commission may not be adopted or passed without the favorable vote
of at least three a majority of members.
(7) The commission is allocated to the department of transportation for administrative purposes only as prescribed in 2-15-121.
(8) The commission is designated as a quasi-judicial board for purposes of 2-15-124;. however However, the provision
of 2-15-124(1) that at least one member of a quasi-judicial board be an attorney does not apply to the commission.
(9) The commission may adopt rules necessary for its government.
(10) The director of transportation or the director's designee shall act as liaison between the commission and the department.
(11) (a) A term of office for a commissioner is for a period of 4 years.
(b) A commissioner when elected must qualify at the time and in the manner provided by law for other state officers and shall take office on the first Monday of January after the election.
(c) The secretary of state or other authorized official may not certify a candidate's nomination or election to the commission or print or cause to be printed on any ballot the name of a candidate for the commission if, at the end of the current term of that office, the candidate will have served in that office or, had the candidate not resigned or been recalled, would have served in that office for 8 or more years in a 16-year period.
(12) Any vacancy occurring in the commission must be filled by appointment by the governor, and the appointee shall hold office until the commissioner's successor is elected and qualified.
(13) A presiding officer must be selected by the commission from its membership at the first meeting of each year after a general election.
(14) Commission members do not receive a salary but are entitled to receive from the state their expenses while traveling on the business of the commission, as provided for in 2-18-501 through 2-18-503."
NEW SECTION. Section 2. Notification to tribal governments. The secretary of state shall send a copy of [this act] to each tribal government located on the seven Montana reservations and to the Little Shell band of Chippewa.
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Latest Version of HB 466 (HB0466.01)
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