HOUSE BILL NO. 289
INTRODUCED BY D. WAGNER
A BILL FOR AN ACT ENTITLED: "AN ACT CLARIFYING THAT PERSONS APPOINTED TO FILL SEWER, WATER, OR FIRE DISTRICT DIRECTOR OR TRUSTEE POSITIONS ARE APPOINTED FOR THE COMPLETE TERM; AND AMENDING SECTIONS 7-13-2241 AND 7-33-2106, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 7-13-2241, MCA, is amended to read:
"7-13-2241. Filing of petition of nomination. (1) A petition of nomination for a candidate, signed by at least five
electors of the district for any one candidate, may be filed with the election administrator not earlier than 135 days or later
than 75 days before the election. The election administrator shall endorse thereon on the petition the date upon which the
petition was presented to him to the election administrator.
(2) If the district lies in more than one county, the petition for nomination shall must be presented to the election
administrator whose of the county that contains the largest percentage of the territory of the district and the election
administrator shall fulfill all duties assigned to election administrators in elections under this part and part 23 and this part.
(3) If the petition conforms to this section, the election administrator shall place the name of the petitioner on the ballot as a candidate for director of the district.
(4) If a nomination is not filed for a director office, the county governing body shall appoint a director to fill the office for the complete term."
Section 2. 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 shall hold staggered terms of office until their successors are elected or appointed and qualified as
hereinafter provided in this section.
(b) The initial trustees' terms of office shall 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 subsequent trustee shall serve a 3-year term of office.
(2) Trustees shall must be elected as provided in subsection (3) of this section, 13-1-104(3), and 13-1-401 or appointed
as provided in subsection (4) of this section. The term of office shall must be 3 years beginning at the first district meeting
following their election or appointment and continuing until their successors are a successor is elected or appointed and
qualified. Appointments to fill vacancies shall 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 no nominations are a nomination is not made for one or more a trustee offices office, the county governing body
shall appoint one or more trustees as necessary a trustee to fill those offices the office for the complete term.
(5) The trustees shall organize by choosing a chairman presiding officer and appointing one member to act as
secretary."
- END -
Latest Version of HB 289 (HB0289.01)
Processed for the Web on January 14, 1999 (5:37PM)
New language in a bill appears underlined, deleted material appears stricken.
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Status of this Bill
| 1999 Session | Leg. Branch HomePrepared by Montana Legislative Services
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