SENATE BILL NO. 357
INTRODUCED BY B. STORY
A BILL FOR AN ACT ENTITLED: "AN ACT LIMITING THE NUMBER OF ACTIVE VOLUNTEER FIREFIGHTERS WHO CAN SERVE ON A FIRE DISTRICT'S BOARD OF TRUSTEES; AND AMENDING SECTIONS 7-33-2106 AND 7-33-2403, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 7-33-2106, MCA, is amended to read:
"7-33-2106. Details relating to board of trustees of fire district. (1) (a) The five trustees initially appointed by the county commissioners hold staggered terms of office until their successors are elected or appointed and qualified as provided in this section.
(b) The initial trustees' terms of office must be drawn by lot and include:
(i) 3 years for one trustee;
(ii) 2 years for two trustees; and
(iii) 1 year for two trustees.
(c) Upon expiration of the terms provided in subsection (1)(b), each trustee shall serve a 3-year term of office.
(2) Trustees must be elected as provided in 13-1-104(3), 13-1-401, and subsection (3) of this section or appointed as provided in subsection (4) of this section. The term of office is 3 years beginning at the first district meeting following their election or appointment and continuing until their successors are elected or appointed and qualified. Appointments to fill vacancies occurring during the term of office of a trustee must be made by the county governing body and appointees shall hold office until the next regular election. An elector, as defined in Title 13, who resides in the district or any holder of title to lands within the district who presents a proof of payment of taxes on the lands at the polling place is eligible to vote in the election.
(3) Candidates for the office of trustee of the fire district to be filled by election may be nominated by petition filed with the election administrator or deputy election administrator at least 75 days before the election day and signed by at least five electors of the district.
(4) If the number of candidates is equal to or less than the number of positions to be elected, the election administrator may cancel the election in accordance with 13-1-304. If an election is not held, the county governing body shall declare elected by acclamation each candidate who filed a nominating petition for a position. If a nomination is not made for one or more trustee offices, the county governing body shall appoint one or more trustees as necessary to fill those offices. A trustee taking office pursuant to this subsection serves the trustee term of office as if that trustee had been elected.
(5) The trustees shall organize by choosing a presiding officer and appointing one member to act as secretary.
(6) No more than two of the trustees may be active volunteer firefighters with the fire district."
Section 2. Section 7-33-2403, MCA, is amended to read:
"7-33-2403. Operation of fire service area. (1) Whenever the board of county commissioners has established a fire service area, the commissioners may:
(a) govern and manage the affairs of the area;
(b) appoint five qualified trustees to govern and manage the affairs of the area; or
(c) authorize the election of five qualified trustees to govern and manage the affairs of the area. The term of office and procedures for nomination and election are the same as those provided for election of rural fire district trustees in 7-33-2106.
(2) If the commissioners appoint trustees under subsection (1), the provisions of 7-33-2105 apply and 7-33-2106(1) through (5) applies apply whether the trustees are elected or appointed, except that the trustees shall prepare annual budgets and request a schedule of rates for the budget."
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Latest Version of SB 357 (SB0357.01)
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