2019 Montana Legislature

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HOUSE BILL NO. 776

INTRODUCED BY B. TSCHIDA

 

AN ACT REVISING LAWS RELATED TO LEGISLATIVE APPOINTMENT OF THE DISTRICTING AND APPORTIONMENT COMMISSION; RECODIFYING THE DISTRICTS TO PROVIDE FOR OTHER APPOINTMENTS; PROVIDING AN APPROPRIATION; AMENDING SECTIONS 2-15-1508, 2-15-1821, 2-15-1822, AND 5-1-102, MCA; AND PROVIDING EFFECTIVE DATES.

 

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

 

     Section 1.  Districts for certain appointments. For appointment of persons provided for in 2-15-1508, 2-15-1821, and 2-15-1822, the districts are the following counties:

     (1)  District 1: Lincoln, Flathead, Sanders, Lake, Mineral, Missoula, Ravalli, Powell, Granite, Deer Lodge, Silver Bow, Jefferson, Broadwater, Beaverhead, Madison, Gallatin, Park, Sweet Grass, Stillwater, and Carbon;

     (2)  District 2: Glacier, Toole, Liberty, Hill, Blaine, Phillips, Valley, Daniels, Sheridan, Roosevelt, Richland, McCone, Garfield, Petroleum, Fergus, Judith Basin, Cascade, Chouteau, Teton, Pondera, Lewis and Clark, Meagher, Wheatland, Golden Valley, Musselshell, Treasure, Rosebud, Custer, Prairie, Dawson, Wibaux, Fallon, Carter, Powder River, Big Horn, and Yellowstone.

 

     Section 2.  Section 2-15-1508, MCA, is amended to read:

     "2-15-1508.  Appointments to board of public education and board of regents -- conditions -- vacancy. (1) Appointments to the board of public education and to the board of regents are subject to the following qualifications:

     (a)  Not more than four may be from one district provided for in 5-1-102 [section 1].

     (b)  Not more than four may be affiliated with the same political party.

     (c)  The terms of members appointed to each board are 7 years except as provided in subsection (3).

     (d)  When a vacancy occurs, the governor shall appoint a member for the remainder of the term of the incumbent, and the appointment must preserve the balance required by subsections (1)(a) and (1)(b).

     (e)  A person may not be appointed to concurrent memberships on the board of public education and the board of regents.

     (2)  An appointed member of either board shall take and subscribe to the constitutional oath of office and file it with the secretary of state before the person may serve as a member of either board.

     (3)  (a) One seat of the appointed members on the board of regents is reserved for membership by a student appointed by the governor. The student must be registered as a full-time student at a unit of higher education under jurisdiction of the board of regents. The length of term of the student member is 1 year. The term begins July 1 and ends June 30. The student regent may be reappointed to succeeding terms subject to subsection (3)(b). The provisions of subsections (1)(a) and (1)(b) do not apply to the student member and may not affect the balance of the remaining appointive membership on the board of regents.

     (b)  The governor shall appoint the student provided for in subsection (3)(a) based upon a nomination provided by a student organization designated by the board of regents. The student organization shall nominate no fewer than three qualified students. If the governor finds that none of the students nominated are acceptable, the governor may request a new slate of nominees. Nominations must be forwarded to the governor in March immediately preceding the end of a regular term, and the governor shall make the appointment before the end of the succeeding June. In the event of a vacancy, a replacement must be appointed as soon as is practicable and in the same manner as the original appointment."

 

     Section 3.  Section 2-15-1821, MCA, is amended to read:

     "2-15-1821.  Coal board -- allocation -- composition. (1) There is a coal board composed of seven members.

     (2)  The coal board is allocated to the department of commerce for administrative purposes only as prescribed in 2-15-121.

     (3)  The governor shall appoint a seven-member coal board, as provided under 2-15-124.

     (4)  (a) Subject to subsections (4)(b) and (4)(c), the members of the coal board are selected as follows:

     (i)  two from the impact areas; and

     (ii) two with expertise in education.

     (b)  At least two but not more than four members must be appointed from each district provided for in 5-1-102 [section 1].

     (c)  In making the appointments, the governor shall consider people from the following fields:

     (i)  business;

     (ii) engineering;

     (iii) public administration; and

     (iv) planning."

 

     Section 4.  Section 2-15-1822, MCA, is amended to read:

     "2-15-1822.  Hard-rock mining impact board. (1) There is a hard-rock mining impact board.

     (2)  The hard-rock mining impact board is a five-member board.

     (3)  (a) Subject to subsections (3)(b) and (3)(c), the hard-rock mining impact board must include among its members:

     (i)  a representative of the hard-rock mining industry;

     (ii) a representative of a major financial institution in Montana;

     (iii) a person who, when appointed to the board, is an elected school district trustee;

     (iv) a person who, when appointed to the board, is an elected county commissioner;

     (v)  a member of the public at large.

     (b)  Three persons appointed to the board must reside in an area impacted or expected to be impacted by large-scale mineral development.

     (c)  At least two persons must be appointed from each district provided for in 5-1-102 [section 1].

     (4)  The hard-rock mining impact board is a quasi-judicial board subject to the provisions of 2-15-124 except that one of the members need not be an attorney licensed to practice law in this state. The board shall elect a presiding officer from among its members."

 

     Section 5.  Section 5-1-102, MCA, is amended to read:

     "5-1-102.  Composition of commission. (1) The majority and minority leaders of each house shall each designate one commissioner for the commission provided for in 5-1-101. Two commissioners must be appointed from each district listed in subsection (2). The majority leader in the senate has first choice of the district from which the majority leader will select a commissioner, and the majority leader of the house has second choice. Within 20 days after their designation, the four commissioners shall select the fifth member, who shall serve as the presiding officer of the commission. If the four members fail to select the fifth member within the time prescribed, a majority of the supreme court shall select the fifth member.

     (2)  The commission districts are the following counties:

     (a)  District 1: Lincoln, Flathead, Sanders, Lake, Mineral, Missoula, Ravalli, Powell, Granite, Deer Lodge, Silver Bow, Jefferson, Broadwater, Beaverhead, Madison, Gallatin, Park, Sweet Grass, Stillwater, and Carbon;

     (b)  District 2: Glacier, Toole, Liberty, Hill, Blaine, Phillips, Valley, Daniels, Sheridan, Roosevelt, Richland, McCone, Garfield, Petroleum, Fergus, Judith Basin, Cascade, Chouteau, Teton, Pondera, Lewis and Clark, Meagher, Wheatland, Golden Valley, Musselshell, Treasure, Rosebud, Custer, Prairie, Dawson, Wibaux, Fallon, Carter, Powder River, Big Horn, and Yellowstone."

 

     Section 6.  Appropriation. There is appropriated $150,000 from the general fund to the legislative services division for the purposes of supporting the districting and apportionment commission as provided in 5-1-106.

 

     Section 7.  Codification instruction. [Section 1] is intended to be codified as an integral part of Title 2, chapter 15, part 1, and the provisions of Title 2, chapter 15, part 1, apply to [section 1].

 

     Section 8.  Effective dates. (1) Except as provided in subsection (2), [this act] is effective on passage and approval.

     (2) [Section 6] is effective July 1, 2019.

- END -

 


Latest Version of HB 776 (HB0776.ENR)
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