SENATE BILL NO. 423
INTRODUCED BY A. ELLIS
AN ACT REQUIRING THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT, UPON RECEIPT OF A PETITION SIGNED BY 10 PERCENT OR MORE OF THE QUALIFIED ELECTORS OF A DISTRICT REQUESTING THE CREATION OF A SINGLE-MEMBER TRUSTEE DISTRICT, TO SUBMIT THE PROPOSAL TO THE QUALIFIED ELECTORS OF THE DISTRICT; PROVIDING CRITERIA FOR SUBMISSION OF A PETITION TO THE BOARD; AMENDING SECTIONS 20-3-336 AND 20-3-337, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 20-3-336, MCA, is amended to read:
"20-3-336. Single-member trustee districts -- legislative intent -- minority defined. (1) It is the intent of the legislature to provide a board of trustees of a school district with the option to:
(a) review the voting and population patterns of minorities of the school district, as determined by the most recent federal decennial census, voting records, and other pertinent information; and
(b) create single-member trustee districts within the school district:
(i) if the board determines that the present trustee selection process does not serve the best interests of the electors of the district or ensure that the access of minority populations to the political process is not diluted in contravention of federal law; or
(ii) pursuant to a petition as provided in 20-3-337.
(2) "Minority", as used in 20-3-337 and this section, means a minority whose rights are protected under section 2 of the
Voting Rights Act of 1965, (42 U.S.C. 1973), as amended."
Section 2. Section 20-3-337, MCA, is amended to read:
"20-3-337. Plan for creating single-member trustee districts -- petition election. (1) The Except as provided in
subsection (8), the board of trustees of a school district may establish a procedure for studying the appropriateness of
creating single-member trustee districts within the school district.
(2) If the board considers a single-member district plan, the plan must establish single-member districts that:
(a) are as compact in area and as equal in population as possible; and
(b) provide equitable voting rights for the minorities residing within the school district by ensuring that the access of minorities to the political process is not diluted in contravention of the Voting Rights Act Amendments of 1982, Public Law 97-205.
(3) If the board determines that it is in the best interest of the electors of the school district, it shall:
(a) propose creation of a single-member trustee district plan;
(b) schedule and hold a public hearing on the proposed plan; and
(c) publish in a newspaper of general circulation in the district a notice of the public hearing, including a map of the proposed single-member trustee district plan, and the reasons why the board believes that the plan satisfies the criteria set forth in subsection (2).
(4) After the public hearing is held, the board shall forward a copy of the proposed single-member trustee district plan to the secretary of state and the superintendent of public instruction for review and comment. The copy of the proposed plan must be accompanied by:
(a) a map indicating the circulation of the newspaper in which the notice required in subsection (3) was published;
(b) the published notice of the public hearing;
(c) a map of the proposed single-member trustee district plan; and
(d) a summary of any public comments to the board regarding the proposed plan.
(5) After receiving comments from the secretary of state and the superintendent of public instruction, the board of trustees may amend, revise, approve, or disapprove the proposed plan. If the plan is adopted by the board, it shall:
(a) inform the county superintendent of schools of its adoption;
(b) publish notice of the adoption in a newspaper of general circulation within the district, including identification of the boundaries of each new single-member trustee district and the implementation date of the plan; and
(c) file with the county clerk and recorder a certificate designating the boundary lines and limits of each single-member trustee district.
(6) All successors to the board of trustees must be elected in accordance with the adopted single-member trustee district plan.
(7) No A change in the boundaries of a trustee district may not be made within 3 months preceding a regular school
election day as provided in 20-3-304.
(8) If the board receives a petition signed by 10% or more of the qualified electors of the school district, the board shall submit the request to create a single-member trustee district to the electors who are qualified under 20-20-301 to vote upon the request. The petition submitted to the board must:
(a) conform to the requirements of subsections (2)(a) and (2)(b);
(b) be forwarded to the secretary of state and the superintendent of public instruction for review and comment;
(c) include a map of the proposed single-member trustee district, identifying the boundaries of each new single-member trustee district and the implementation date of the district;
(d) be forwarded to the county clerk and recorder, designating the boundary lines and limits of each single-member trustee district; and
(e) include a plan for election and terms of trustees of the single-member district, who must be residents of the proposed district, and provide for the terms of successors to the board of trustees in a single-member trustee district approved by the electors.
(9) If the petition meets the requirements of subsection (8), the board shall call an election on the question of whether to create a single-member trustee district. The election must be held at the next school election scheduled pursuant to 20-20-105 and must be conducted in the manner prescribed by this title for school elections. The published notice must include a map and a description of the boundaries of the proposed district.
(10) If a majority of the votes cast at the election approve the creation of a single-member trustee district, the election administrator shall, within 10 days of receipt of the official canvass of the result, certify that the district is formed.
(11) When a trustee position becomes vacant in a single-member district, the position must be filled in accordance with the provisions of 20-3-309, except that the position must be filled by a person who resides within the single-member district."
Section 3. Effective date. [This act] is effective on passage and approval.
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