HOUSE BILL NO. 223

INTRODUCED BY B. LAWSON

A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING A PUBLIC LIBRARY BOARD TO CONSIST OF FIVE OR SEVEN MEMBERS; AMENDING SECTION 22-1-308, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

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

Section 1. Section 22-1-308, MCA, is amended to read:

"22-1-308. Public library -- board of trustees. (1) Upon the establishment of a public library under the provisions of this part, the mayor, with the advice and consent of the city council or city commissioners, shall appoint a board of trustees for the city library and the presiding officer of the board of county commissioners, with the advice and consent of the board of county commissioners, shall appoint a board of trustees for the county library.

(2) The library board must consist of five or seven trustees. Not more than one member of the governing body may be, at any one time, a member of the library board.

(3) Trustees shall serve without compensation, but their actual and necessary expenses incurred in the performance of their official duties may be paid from library funds.

(4) Except for the initially appointed library board, trustees shall hold their office for 5 years from the date of appointment and until their successors are appointed. Initially, appointments must be made for 1-, 2-, 3-, 4-, and 5-year terms. In the case of the initial appointment of a seven-member board, two members must each be appointed to a 1-year term, two members must each be appointed to a 2-year term, and the other members must be appointed to 3-, 4-, and 5-year terms. Annually, after the appointment of the initial board, there must be appointed before July 1 of each year in the same manner as the original appointments for a 5-year term, a trustee or trustees to take the place of a retiring trustee or trustees. Trustees may not serve more than two full terms in succession.

(5) Following the initial appointments and in July of each year, the trustees shall meet and elect a presiding officer and other officers considered necessary, for 1-year terms. Vacancies in the board of trustees must be filled for the unexpired term in the same manner as original appointments."

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

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