22-3-1002. Montana heritage preservation and development commission. (1) There is a Montana heritage preservation and development commission. The commission is attached to the department of commerce for administrative purposes only, pursuant to 2-15-121. The indirect administrative rate determined by the commission and the department must be reported to the economic affairs interim committee in accordance with 5-11-210.

(2) (a) The commission consists of 14 members. The members must broadly represent the state. Nine members must be appointed by the governor, one member must be appointed by the president of the senate, and one member must be appointed by the speaker of the house.

(b) If the president of the senate and the speaker of the house do not appoint the members for which they are responsible within 2 months of a vacancy having occurred in those positions, the members must be appointed by the governor.

(c) The director of the Montana historical society, the director of the department of fish, wildlife, and parks, and the director of the department of commerce shall serve as members.

(d) When appointing a member under subsection (2)(a), the governor, the president of the senate, and the speaker of the house shall prioritize selection based on whether the member:

(i) has experience in managing facilities that cater to the needs of tourists;

(ii) has experience in community planning;

(iii) has experience in historic preservation;

(iv) has broad experience in business;

(v) is a member of the tourism advisory council established in 2-15-1816;

(vi) is a Montana historian; or

(vii) is from the public at large.

(3) Except for the initial appointments, members appointed by the governor under subsection (2)(a) shall serve 3-year terms. Members appointed by the president of the senate and the speaker of the house or by the governor under subsection (2)(b) shall serve 2-year terms. If a vacancy occurs, the appointing authority shall make an appointment for the unexpired portion of the term.

(4) In compliance with the state pay plan, the department shall provide all staff and services to the commission that the commission, in conjunction with the department, determines are necessary for carrying out the commission's programs and statutory requirements. The department shall assess the commission for reasonable costs.