Amendments to senate Bill No. 694
2nd Reading/2nd House Copy
Requested by Douglas (Doug) Kary
For the (S) Committee of the Whole
Prepared by Toni Henneman
04/22/2021, 11:06:04
1. Title, line 14.
Following: "PENALTIES;"
Insert: "PROVIDING THAT DIRECTORS APPOINTED TO A COUNTY WATER AND/OR SEWER BOARD MUST SERVE AT THE PLEASURE OF THE APPOINTING AUTHORITY; ALLOWING A COUNTY OR MUNICIPALITY TO APPOINT DIRECTORS FOR VACANT SEATS ON A DISTRICT BOARD OF DIRECTORS;"
2. Title, line 16.
Strike: "SECTION"
Insert: "SECTIONS 7-13-2232, 7-13-2259, 7-13-2262, AND"
4. Page 3.
Following: line 8
Insert: "Section 3. Section 7-13-2232, MCA, is amended to read:
"7-13-2232. Composition of board of directors. (1) If there are no municipalities within the boundaries of said district, the board of directors shall consist of five members or three members if there are 10 or less qualified electors in the district.
(2) In all cases where the boundaries of such a district include any municipality or municipalities, said the board, in addition to said the five or three directors to be elected as aforesaid provided in subsection (1), shall must consist of one additional director for each of said the municipalities within such the district, each such. Each additional director to must be appointed by the mayor of the municipality for which said the additional director is allowed, and, if there be is any unincorporated territory within said the district, one additional director to must be appointed by the board of county commissioners of each county containing such with unincorporated territory.
(3) All appointed directors serve at the pleasure of the appointing authority.""
Insert: "Section 4. Section 7-13-2259, MCA, is amended to read:
"7-13-2259. Manner of making appointments. (1) The mode of appointment of director or directors by a mayor or by a board of county commissioners shall be by certificate of appointment signed by said mayor or issued by said board of county commissioners and transmitted to the board of directors of said district.
(2) All appointed directors serve at the pleasure of the appointing authority.""
Insert: "Section 5. Section 7-13-2262, MCA, is amended to read:
"7-13-2262. Vacancies on board of directors -- appointment. (1) (a) Except as provided in subsections (2) and (3), any vacancy in the board of directors, whether the vacant office is elective or appointive, must be filled by majority vote of the remaining directors.
(b) A vacancy in the board of directors, whether it is elective or appointive, must be determined in accordance with 7-13-2263 and must be filled as provided in subsections (2) and (3).
(2) (a) If a vacancy occurs on the board of directors for a seat originally filled as provided in 7-13-2232(1), the remaining directors may appoint a replacement director by majority vote.
(b) If there are no directors remaining on the board and no nominees for any director position to be elected, the county commissioners may appoint the number of directors specified in 7-13-2232(1). If the district lies in more than one county, the county commissioners of each county with territory included in the district shall jointly appoint the directors. The county commissioners shall stagger the terms of the directors appointed.
(c) If the boundaries of the district include any unincorporated territory and the seat held by a board member originally appointed by the board of county commissioners under 7-13-2232(2) becomes vacant, the board shall allow the replacement director to be appointed by the board of county commissioners of each county containing the unincorporated territory.
(3) If the boundaries of the district include any municipality or municipalities and a new board must be appointed as provided in subsection (2), the seat held by the board member originally appointed by the mayor of a municipality as provided in 7-13-2232(2) becomes vacant, the board shall include one additional allow the replacement director to be appointed by the mayor of the municipality for which the additional director is allowed.
(4) Following the appointment of a board director in accordance with subsection (2) subsections (2)(a) and (2)(b), the directors director must be elected as provided in this part.
(5) All appointed directors serve at the pleasure of the appointing authority.""
Renumber: subsequent sections