HOUSE BILL NO. 40

INTRODUCED BY KITZENBERG S

A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING THAT FISH, WILDLIFE, AND PARKS COMMISSIONERS BE ELECTED, RATHER THAN APPOINTED BY THE GOVERNOR; PROVIDING FOR STAGGERED 4-YEAR TERMS OF OFFICE AND LIMITING COMMISSION SERVICE TO NOT MORE THAN TWO CONSECUTIVE TERMS; PROVIDING FOR APPOINTMENT OF A COMMISSIONER IF A VACANCY OCCURS; AMENDING SECTION 2-15-3402, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 2-15-3402, MCA, is amended to read:

"2-15-3402. Fish, wildlife, and parks commission -- composition -- qualifications -- quasi-judicial. (1) There is a fish, wildlife, and parks commission.

(2) The commission consists of five members who must be qualified electors of the district from which they are elected. Commissioners shall serve staggered 4-year terms, and a commissioner may not serve more than two consecutive terms. A commissioner when elected shall 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. A commissioner shall serve until a successor is elected and qualified. One member must be elected from each of the following districts:

(a) District No. 1, consisting of Lincoln, Flathead, Sanders, Lake, Mineral, Missoula, Powell, Ravalli, Granite, and Lewis and Clark Counties;

(b) District No. 2, consisting of Deer Lodge, Silver Bow, Beaverhead, Madison, Jefferson, Broadwater, Gallatin, Park, and Sweet Grass Counties;

(c) District No. 3, consisting of Glacier, Toole, Liberty, Hill, Pondera, Teton, Chouteau, Cascade, Judith Basin, Fergus, Blaine, Meagher, and Wheatland Counties;

(d) District No. 4, consisting of Phillips, Valley, Daniels, Sheridan, Roosevelt, Petroleum, Garfield, McCone, Richland, Dawson, and Wibaux Counties;

(e) District No. 5, consisting of Golden Valley, Musselshell, Stillwater, Carbon, Yellowstone, Big Horn, Treasure, Rosebud, Custer, Powder River, Carter, Fallon, and Prairie Counties.

(3) Election must be made without regard to political affiliation and must be made solely for the wise management of the fish, wildlife, and state parks and other outdoor recreational resources of this state. A person may not be elected to the commission unless that person is experienced in the breeding and management of domestic livestock or informed or interested and experienced in the subject of wildlife, fish, parks, and outdoor recreation and the requirements for the conservation and protection of wildlife, fish, parks, and outdoor recreational resources.

(4) A vacancy occurring on the commission must be filled by appointment by the governor from the district in which the vacancy occurs. An appointee shall hold office until the next general election and until a successor is elected and qualified. At the biennial election following the occurrence of any vacancy in the commission, there must be elected one member to fill out the unexpired term for which the vacancy exists.

(5) The fish, wildlife, and parks commission is designated as a quasi-judicial board for purposes of 2-15-124. "

NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.

NEW SECTION. Section 3. Applicability. [This act] applies to a commissioner whose term expires on or after [the effective date of this act].

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