HOUSE BILL NO. 411

INTRODUCED BY D. EWER, H. HARPER, C. AHNER, S. BARTLETT, D. GRIMES, C. HIBBARD,

B. LAWSON, G. MASOLO

A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING THE BOARD OF DIRECTORS OF A BUSINESS IMPROVEMENT DISTRICT TO ALSO BE APPOINTED TO SERVE AS THE MEMBERS OF A PARKING COMMISSION; AND AMENDING SECTIONS 7-14-4609 AND 7-14-4610, MCA."

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

Section 1. Section 7-14-4609, MCA, is amended to read:

"7-14-4609. Appointment of commission. (1) Except as provided in subsection (3), when the legislative body of a city first adopts a resolution for a parking commission , the mayor, with the approval of the legislative body, shall appoint not less than five or more than seven electors of the city as members of the commission.

(2) Except as provided in subsection (3), the number of members of the commission, once established, may be changed within the number limits established in subsection (1) by subsequent resolutions of the legislative body of the city. A resolution to reduce the number of commission members may not require resignation of any member prior to completion of the member's appointed term.

(3) The legislative body of a city may designate the board of trustees of a business improvement district appointed pursuant to 7-12-1121 as the parking commission if the area of the business improvement district is generally coterminous with the area designated in the resolution creating the parking commission as being subject to the jurisdiction and control of the parking commission."

Section 2. Section 7-14-4610, MCA, is amended to read:

"7-14-4610. Term of office. (1) Except as provided in subsection (3), three of the members who are first appointed must be designated to serve for terms of 1, 2, and 3 years, respectively, from the date of their appointments, and two must be designated to serve for terms of 4 years from the date of their appointment. For a seven-member commission, there must be two additional appointments of 2 years and 3 years, respectively.

(2) Except as provided in subsection (3), at the expiration of terms established in subsection (1), members must be appointed for a term of office of 4 years, except that all vacancies occurring during a term must be filled for the unexpired term. A member shall hold office until a qualified successor has been appointed .

(3) If the board of trustees of a business improvement district has been appointed to serve as the parking commission, the term of office for a trustee serving as a commissioner must be the same as the trustee's term of office as a member of the business improvement district's board of trustees."

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