A BILL FOR AN ACT ENTITLED: “AN ACT Revising provisions related to conservation district vacancies; AMENDING SECTION 76-15-312, MCA; and PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 76-15-312, MCA, is amended to read:
"76-15-312. Term of office and vacancies. (1) (a) The term of office of each supervisor is 4 years, except as provided in subsection (1)(b).
(b) The supervisors who are appointed by the department pursuant to 76-15-305 must be designated to serve for terms of 2 years from the date of their appointment, after which the offices must be filled by election conducted in accordance with Title 13, chapter 1, part 5. A supervisor appointed pursuant to 76-15-311 shall serve a term of 3 years.
(c) An elected supervisor holds office until a successor has been elected and has qualified.
(2) A vacancy is created when any of the following events occurs before the expiration of the term of the incumbent:
(b) a determination pursuant to Title 53, chapter 21, part 1, that the incumbent is mentally ill;
(e) unexcused absence from three consecutive regular meetings of the board of supervisors;
(f) ceasing to reside in the district;
(g) conviction of a felony or a violation of official duties; or
(h) the decision of a court declaring void the incumbent's election or appointment.
(3) For the purpose of subsection (2)(e), a majority vote of the board of supervisors may excuse a supervisor from attending a meeting.
(4) A vacancy occurring in the office of an elected supervisor must be filled by appointment by the remaining supervisors until the next election, when a successor must be elected to serve the unexpired term. The election must be conducted in accordance with Title 13, chapter 1, part 5, in the year following the appointment."
NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.