Montana Code Annotated 2001

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     90-4-402. Appointment of council members by governor. (1) The governor shall appoint at the beginning of each gubernatorial term two persons to serve as members of the council as provided in Public Law 96-501.
     (2) An appointment of a council member by the governor is subject to the confirmation of the senate, except that the governor may appoint a council member to assume office before the senate meets in its next regular session to consider the appointment. A member so appointed is vested with all the functions of the office upon assuming the office and is a de jure officer, notwithstanding the fact that the senate has not yet confirmed the appointment. If the senate does not confirm the appointment of a member, the governor shall make a new appointment.
     (3) A council member serves at the pleasure of the governor. The governor may remove a council member at any time and appoint a new member to the office.
     (4) If a vacancy occurs in the office of a council member, the governor shall appoint, as soon as reasonably possible, a new member to serve at the pleasure of the governor.
     (5) The governor shall appoint the initial members within 30 days of March 12, 1981.

     History: En. Sec. 2, Ch. 50, L. 1981.

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