House Bill No. 140

Introduced By krenzler

A Bill for an Act entitled: "An Act changing the date on which elected county officers take office; requiring elected officers to make a written TAKE THE oath of office prior to January 1 ON THE LAST BUSINESS DAY OF DECEMBER following the election; requiring elected officers to take an oral oath of office as soon after taking office as possible AT 12:01 A.M. ON JANUARY 1 FOLLOWING THE ELECTION; and amending section SECTIONS 7-4-2105 AND

7-4-2205 , MCA."

WHEREAS, current law requires an elected official to take the oath of office on the first Monday of January succeeding the election; and

WHEREAS, the first Monday in January can be as late as the 7th day of January; and

WHEREAS, employing two elected officials in the same month can cause confusion and disagreement regarding compensation and benefits to each official; and

WHEREAS, employing the newly elected official on January 1 would simplify the payroll process, save local governments and taxpayers money, and make it easier for all concerned to remember the official transition date.

Be it enacted by the Legislature of the State of Montana:


"7-4-2105.   Term of office. (1) The term of office of county commissioners is 6 years. A county commissioner takes office on the first Monday of at 12:01 a.m. on January 1, succeeding the date of the election at which the county commissioner was elected.

(2) A county commissioner elected to take office shall take the oath of office on the last business day of December following the commissioner's election, except as provided for in 7-4-2106."

Section 2.  Section 7-4-2205, MCA, is amended to read:

"7-4-2205.   Term of office -- oath. (1) Persons Each person elected to the different offices an office named in 7-4-2203 shall hold holds their respective offices the office for the term of 4 years and until their successors are a successor is elected and qualified.

(2)  Persons A person appointed to any of the different offices serve serves at the pleasure of the commissioners.

(3)  The officers Each officer who is mentioned in this part and who is elected to office must shall:

(a) prior to January 1 following the election, make a written oath of office if the officer has not previously made a written oath for the term elected; TAKE THE OATH OF OFFICE ON THE LAST BUSINESS DAY OF DECEMBER FOLLOWING THE OFFICER'S ELECTION; AND

(b) take office on the first Monday day of January succeeding their the election; and

(c) take the oral oath of office as soon as possible after January 1 succeeding the election AT 12:01 A.M. ON JANUARY 1 FOLLOWING THE OFFICER'S ELECTION."