INTRODUCED
BY C. Friedel, D. Zolnikov, K. Bogner, E. Boldman
A BILL FOR AN ACT ENTITLED: "AN ACT prohibiting a city or town council or other legislative body of a municipality from adopting a zoning resolution or rule that prohibits fraternity or sorority houses within one-half mile of a college or university campus; and providing definitions; and providing an immediate effective date and a retroactive applicability date."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Zoning near college or university campus -- fraternity and sorority houses permitted. A resolution or rule adopted pursuant to Title 76, chapter 2, part 3, may not prohibit a campus-recognized fraternity or sorority from establishing a fraternity house or a sorority house for fraternity or sorority members within one-half mile of the campus of the college or university with which the fraternity or sorority is associated.
(2) For the purposes of this section, the following definitions apply:
(a) "Campus-recognized fraternity or sorority" means a fraternity or a sorority that has met the formal chartering and recognition requirements at the college or university where it operates.
(b) "Fraternity house" or "sorority house" means a place of residence that is operated by a campus-recognized fraternity or sorority and that is used, occupied, and maintained by students enrolled in a college or university who are members of a fraternity or a sorority that is recognized by and subject to controls by the college or university.
NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 76, chapter 2, part 3, and the provisions of Title 76, chapter 2, part 3, apply to [section 1].
NEW SECTION. Section 3. Effective date. [This act] is effective on passage and approval.
NEW SECTION. Section 4. Retroactive applicability. [This act] applies retroactively, within the meaning of 1-2-109, to local ordinances, resolutions, orders, regulations, mandates, or directives enacted, adopted, or in force on [the effective date of this act].