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69th Legislature 2025 HB 363.1
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1 HOUSE BILL NO. 363
2 INTRODUCED BY L. BREWSTER, M. BERTOGLIO, L. JONES, N. NICOL, C. SPRUNGER, J. KASSMIER, M.
3 YAKAWICH, G. OBLANDER, K. ZOLNIKOV, J. ETCHART, L. DEMING, B. BARKER, G. KMETZ, D. LENZ, B.
4 MERCER, G. PARRY, S. ESSMANN
5
6 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING THE SELECTION OF MEMBERS OF
7 THE PUBLIC SERVICE COMMISSION; PROVIDING FOR ELECTED COMMISSION MEMBERS; PROVIDING
8 FOR APPOINTED COMMISSION MEMBERS; PROVIDING DISTRICTS FOR THE ELECTED MEMBERS;
9 PROVIDING TERMS OF SERVICE; PROVIDING QUALIFICATIONS FOR APPOINTED MEMBERS;
10 PROVIDING DEFINITIONS; AMENDING SECTIONS 69-1-103, 69-1-104, 69-1-105, AND 69-1-106, MCA; AND
11 PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
12
13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
14
15 Section 69-1-103, MCA, is amended to read:
16 "69-1-103. (1) The commission shall consist consists of five
17 members., who shall be qualified electors of the district from which they are elected, with each such member
18 elected from a separate district of the state
19 (2) Two members must be elected. The elected members must be qualified electors of the district
20 from which they are elected, with each member elected on a partisan basis from a separate district of the state
21 as provided in 69-1-104.
22 (3) Three members must be appointed by the governor and confirmed by the senate by the
23 process provided in [section 6]."
24
25 Section 69-1-104, MCA, is amended to read:
26 "69-1-104. (1) In this state there are five two public service
27 commission districts, with one commissioner elected from each district. Districts are based on the federal house
28 districts submitted as part of the redistricting plan to the secretary of state pursuant to Article V, section 14, of ****
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1 the Montana constitution. The house districts are distributed as follows:
2 (a) first district: 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38, 43, 44, 45;
3 (b) second district: 39, 40, 41, 42, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 61, 62;
4 (c) third district: 37, 60, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 77, 78, 79, 85, 86;
5 (d) fourth district: 1, 2, 6, 8, 9, 10, 12, 13, 14, 87, 88, 89, 90, 93, 94, 95, 96, 97, 98, 100; and
6 (e) fifth district: 3, 4, 5, 7, 11, 15, 16, 17, 18, 24, 25, 76, 80, 81, 82, 83, 84, 91, 92, 99.
7 (2) During a legislative session and following the receipt of the latest official final decennial census
8 data, the legislature: secretary of state shall match the public service commission districts to the federal
9 congressional districts.
10 (3) If, after the receipt of the latest official final decennial census date, the state gains or loses a
11 congressional representative, then during the next legislative session the legislature:
12 (a) shall evaluate existing commission districts;
13 (b) may adjust commission boundaries to comply with the United States constitution;
14 (c) shall prepare and adopt a final commission district map; and
15 (d) shall file the final commission district map with the secretary of state."
16
17 Section 69-1-105, MCA, is amended to read:
18 "69-1-105. (1) (a) A term for an elected commissioner is for a period of
19 4 years 6 years. A commissioner when elected shall qualify at the time and in the manner provided by law for
20 other state officers and shall take office on the first Monday of January after the election.
21 (2)(b) A An elected commissioner shall serve until a successor is elected and qualified.
22 (c) Elected commissioners may serve 12 years in a 24-year period.
23 (2) (a) A term for an appointed commissioner is for a period of 6 years. A commissioner, when
24 appointed, must qualify at the time and in the manner provided by law and takes office on the first Monday after
25 the commissioner's appointment and approval by the senate.
26 (b) An appointed commissioner shall serve until a successor is appointed and qualified.
27 (c) An appointed commissioner may serve 12 years in a 24-year period. If appointed to a vacated
28 spot, the abbreviated term does not count toward the commissioner's term limit. ****
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1 (3) The secretary of state or other authorized official may not certify a candidate's nomination or
2 election to the public service commission or print or cause to be printed on any ballot the name of a candidate
3 for the public service commission if, at the end of the current term of that office, the candidate will have served
4 in that office or, had the candidate not resigned or been recalled, would have served in that office for 8 or more
5 years in a 16-year period.
6 (4) When computing the time served for the purposes of subsection (3), the provisions of
7 subsection (3) do not apply to time served in terms that ended during or prior to January 1995."
8
9 Section 69-1-106, MCA, is amended to read:
10 "69-1-106.
11 the governor as provided in this section. The
12 (2) If replacing an elected commissioner, the appointee shall hold office until the next general
13 election and until a successor is elected and qualified. At the biennial election following the occurrence of any
14 vacancy in the commission, there must be elected one member to fill out the unexpired term for which the
15 vacancy exists.
16 (2)(a) (a)(i) When a vacancy occurs, if the former incumbent represented a party eligible for primary
17 election under 13-10-601, the person appointed by the governor must be a member of the same political party
18 and must be selected by the governor as provided in subsections (3) (2)(b) and (4) (2)(c).
19 (b)(ii) If the former incumbent was an independent or was originally nominated from a party that does
20 not meet the requirements of 13-10-601, the governor shall appoint an individual to the vacant position within
21 45 days of receiving notification from the secretary of state of the vacancy.
22 (3)(b) Within 7 days of being notified of a vacancy as described in 2-16-501, the secretary of state
23 shall notify the governor and, if the former incumbent represented a party eligible for primary election under 13-
24 10-601, the state party that was represented by the former incumbent.
25 (4)(c) (a)(i) Upon On receipt of a notification of a vacancy, the state party central committee notified
26 pursuant to subsection (3) (2)(b) has 30 days to forward to the governor a list of three prospective appointees,
27 each of whom must be a resident of the district represented by the former incumbent.
28 (b)(ii) If the governor does not select an appointee from the list forwarded pursuant to subsection ****
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1 (4)(a) (2)(c)(i) within 15 days, the central committee shall, within 15 days, forward a second list of three
2 prospective appointees, each of whom must be a resident of the district represented by the former incumbent.
3 The second list may not contain a name submitted on the first list. Within 15 days of receipt of the second list,
4 the governor shall select an appointee from either list.
5 (3) If replacing an appointed commissioner, the process provided in [section 6] must be followed. If
6 the senate is not in session, the appointment is subject to confirmation during the next session. An appointment
7 to fill a vacancy is for the unexpired term for which the vacancy exists."
8
9 NEW SECTION. Section 5. (1)
10 Appointed commissioners are meant to be industry experts.
11 (2) An appointed commissioner must have a minimum of 2 years separation from any professional
12 affiliation with an entity or affiliated company of an entity that is subject to regulation by the commission.
13 (3) An appointed commissioner, spouse, or minor children may not have financial interests in any
14 entity or affiliated company of an entity that is subject to regulation by the commission.
15 (4) An appointed commissioner must be a citizen of the United States and must have resided in
16 the state of Montana for a minimum of 2 years immediately prior to appointment.
17 (5) An appointed commissioner must have professional experience in an industry and no two
18 commissioners may claim experience from the same industry. During the confirmation hearing, the senate must
19 confirm that an appointee meets the experience requirement. Determinations on experience are at the sole
20 discretion of the senate.
21 (6) An appointed commissioner may not serve on a political party committee, have held or run for
22 elected office with any political party in the previous 2 years, or have been employed by a political party,
23 political committee, or political party committee in the previous 2 years.
24 (7) For the purposes of this section, the following definitions apply:
25 (a) "Experience" means employment, a board position, or a related activity within an industry.
26 (b) "Industry" means science, technology, engineering, or math fields, and public accounting or
27 property and utility valuation and finance professions.
28 ****
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1 NEW SECTION. Section 6. (1) As provided in 69-1-103,
2 commissioners are to be appointed by the governor and confirmed by the senate.
3 (2) (a) An entity that is subject to regulation by the commission may put forward candidate
4 suggestions to the governor for consideration. The governor is not obligated to choose a candidate
5 recommended by a regulated entity.
6 (b) Political parties, political committees, and political party committees may not put forward
7 candidate suggestions to the governor for consideration.
8 (3) The governor shall ensure that candidates meet the requirements provided in [section 5] before
9 announcing their nomination.
10 (4) (a) During the confirmation process, the senate shall confirm that the governor's assessment of
11 the candidates' qualifications is accurate. The senate may also explore the ethics and fitness for office of the
12 candidates.
13 (b) The senate may not refuse an appointment based on criteria not listed here or in [section 5].
14 The senate may not refuse an appointment because an industry, as defined in [section 5], is not represented,
15 so long as no industry is represented by two or more appointees.
16
17 NEW SECTION. Section 7. (1) The commissioners in office on the effective date of [this
18 act] shall serve out the remainder of their respective terms.
19 (2) (a) On the effective date of [this act], the commissioner for the second district becomes the
20 commissioner for the eastern congressional district and the commissioner for the third district becomes the
21 commissioner for the western congressional district. These commission seats will remain election positions
22 pursuant to 69-1-103.
23 (b) A commissioner elected at the general election in 2028 and in subsequent elections serves a
24 2-year term as provided in 69-1-105.
25 (3) No later than January 1, 2027, the governor shall appoint commissioners to fill the seats for the
26 current first and fifth districts when the current commissioners' terms end.
27 (4) No later than January 1, 2029, the governor shall appoint a commissioner to fill the seat for the
28 current fourth district when the current commissioner's term ends. ****
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2 NEW SECTION. Section 8. [Sections 5 and 6] are intended to be codified
3 as an integral part of Title 69, chapter 1, part 1, and the provisions of Title 69, chapter 1, part 1, apply to
4 [sections 5 and 6].
5
6 NEW SECTION. Section 9. If a part of [this act] is invalid, all valid parts that are
7 severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications,
8 the part remains in effect in all valid applications that are severable from the invalid applications.
9
10 NEW SECTION. Section 10. [This act] is effective on passage and approval.
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