Mont. Code Ann. § 2-12-103 — MT Code / Title 2 / Chapter 12 / Part 1 / Section 2-12-103
2-12-103 Definitions
Status: in_force

2-12-103 . Definitions. As used in this part, the following definitions apply:

(1) "Annual performance report" means a written annual review and assessment of the outcomes and outputs of a department as compared to its established annual plan and performance measures.

(2) "Annual plan" means a written plan prepared to guide the ongoing and proposed activities of a department by setting out initiatives, aspirational goals, outcomes, and outputs that the department intends to accomplish, and performance measures to facilitate program evaluations.

(3) "Department" means each entity listed in 2-15-104 (1)(a) through (1)(p), the office of the secretary of state, the office of the state auditor, and the office of public instruction.

(4) "Division" has the meaning provided in 2-15-104 .

(5) "Initiative" means a specific goal, objective, or target related to a performance measure that is adopted by a department.

(6) "Outcomes" means a quantification of the public benefit for Montanans derived from actions by a department.

(7) "Outputs" means a quantification of the number of services that a department produces for Montanans.

(8) "Performance measure" means a metric or measurement that is designed to help guide government by assessing what a department aspires to achieve pursuant to its annual plan with respect to the outcomes and outputs of its programs.
Mont. Code Ann. § 2-15-3401 — MT Code / Title 2 / Chapter 15 / Part 34 / Section 2-15-3401
2-15-3401 Department of fish, wildlife, and parks -- head
Status: in_force

2-15-3401 . Department of fish, wildlife, and parks -- head. There is a department of fish, wildlife, and parks. The department head is the director of fish, wildlife, and parks appointed by the governor in accordance with 2-15-111 . The director is the secretary of the:

(1) fish and wildlife commission established in 2-15-3402 ; and

(2) state parks and recreation board established in 2-15-3406 .
Mont. Code Ann. § 2-18-1311 — MT Code / Title 2 / Chapter 18 / Part 13 / Section 2-18-1311
2-18-1311 Contributions of unused sick and vacation leave -- other contributions not prohibited
Status: in_force

2-18-1311 . Contributions of unused sick and vacation leave -- other contributions not prohibited. (1) When the member's employment is terminated, the member's unused sick leave balance may be converted to a tax-free employer contribution to the participant account pursuant to this section.

(2) The amount of the employer contribution to a participant's account for hours converted under this section must be equal to one-fourth of the pay attributed to the accumulated sick leave. The attributable pay must be computed on the basis of the employee's salary or wage at the time that the sick leave is converted. A participant may not later receive as sick leave credit or as a lump-sum payment amounts contributed to the participant account pursuant to this section.

(3) At termination of employment, the member's unused vacation leave balance may be converted to a tax-free employer contribution to the participant account as provided for in 2-18-617 .

(4) This section does not prohibit an employer from making other contributions permitted by statute and federal law or from entering into an agreement with a participant for employer contributions to a participant account in addition to the contributions provided for under this section.
Mont. Code Ann. § 2-2-201 — MT Code / Title 2 / Chapter 2 / Part 2 / Section 2-2-201
2-2-201 Public officers, employees, and former employees not to have interest in contracts
Status: in_force

2-2-201 . Public officers, employees, and former employees not to have interest in contracts. (1) Members of the legislature; state, county, city, town, or township officers; or any deputies or employees of an enumerated governmental entity may not be interested in any contract made by them in their official capacity or by any body, agency, or board of which they are members or employees if they are directly involved with the contract. A former employee may not, within 6 months following the termination of employment, contract or be employed by an employer who contracts with the state or any of its subdivisions involving matters with which the former employee was directly involved during employment.

(2) In this section, the term:

(a) "be interested in" does not include holding a minority interest in a corporation;

(b) "contract" does not include:

(i) contracts awarded based on competitive procurement procedures conducted after the date of employment termination;

(ii) merchandise sold to the highest bidder at public auctions;

(iii) investments or deposits in financial institutions that are in the business of loaning or receiving money;

(iv) a contract with an interested party if, because of geographic restrictions, a local government could not otherwise reasonably afford itself of the subject of the contract. It is presumed that a local government could not otherwise reasonably afford itself of the subject of a contract if the additional cost to the local government is greater than 10% of a contract with an interested party or if the contract is for services that must be performed within a limited time period and no other contractor can provide those services within that time period.

(c) "directly involved" means the person directly monitors a contract, extends or amends a contract, audits a contractor, is responsible for conducting the procurement or for evaluating proposals or vendor responsibility, or renders legal advice concerning the contract;

(d) "former employee" does not include a person whose employment with the state was involuntarily terminated because of a reduction in force or other involuntary termination not involving violation of the provisions of this chapter.
Mont. Code Ann. § 2-16-514 — MT Code / Title 2 / Chapter 16 / Part 5 / Section 2-16-514
2-16-514 Successor to serve until next general election
Status: in_force

2-16-514 . Successor to serve until next general election. The successor to the governor and the lieutenant governor shall serve until the next general election and shall have all the powers, duties, and emoluments of the respective offices.
Mont. Code Ann. § 2-17-517 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-517
2-17-517 Legislative and judicial branch information sharing
Status: in_force

2-17-517 . Legislative and judicial branch information sharing. The legislative branch and the judicial branch shall provide their information technology plans to the department.
Mont. Code Ann. § 2-15-3309 — MT Code / Title 2 / Chapter 15 / Part 33 / Section 2-15-3309
2-15-3309 Invasive species council
Status: in_force

2-15-3309 . Invasive species council. (1) There is an invasive species council within the department of natural resources and conservation. The council is attached to the department for administrative purposes only, as prescribed in 2-15-121 .

(2) The council consists of the following 22 members:

(a) the directors of the following departments or their designees:

(i) fish, wildlife, and parks;

(ii) natural resources and conservation;

(iii) transportation;

(iv) agriculture; and

(v) commerce;

(b) a representative of each of the following appointed by and serving at the pleasure of the governor:

(i) county weed districts;

(ii) conservation districts;

(iii) the Montana state university extension service;

(iv) agriculture;

(v) conservation organizations;

(vi) wildlife organizations;

(vii) fishing organizations;

(viii) the hydropower utility industry;

(ix) private landowners; and

(x) each of the tribal governments in Montana.

(3) The council shall seek active input and participation in its deliberations from the U.S. army corps of engineers, the U.S. bureau of reclamation, the U.S. bureau of land management, the U.S. department of agriculture animal and plant health inspection service, the U.S. fish and wildlife service, the U.S. forest service, and the national park service.

(4) The council members shall serve without pay. Unless otherwise provided by law, each council member is entitled to be reimbursed for travel expenses pursuant to 2-18-501 through 2-18-503 .

(5) Council members shall serve staggered 4-year terms.

(6) A majority of the membership of the council constitutes a quorum to do business. A favorable vote of at least a majority of all of the members is required to adopt any resolution, to approve a motion, or to make any other decision.

(7) The council shall meet no less than twice annually.

(8) The governor shall appoint the presiding officer, who shall serve in that capacity for a 2-year term.

(9) The presiding officer and the director of the department of natural resources and conservation shall serve as the council's liaisons to the governor's office.
Mont. Code Ann. § 2-9-604 — MT Code / Title 2 / Chapter 9 / Part 6 / Section 2-9-604
2-9-604 Proration of bond premiums
Status: in_force

2-9-604 . Proration of bond premiums. (1) The department of administration shall prorate the premiums for bonds covering more than one state agency or institution among the state agencies and institutions whose officers and employees are covered. Such proration shall be based on the risk of bonding the officers and employees of each agency or institution.

(2) The department of administration shall order payment of the prorated amount from moneys which are available to such agencies or institutions for the payment of general administrative expenses.
Mont. Code Ann. § 2-3-103 — MT Code / Title 2 / Chapter 3 / Part 1 / Section 2-3-103
2-3-103 Public participation -- governor to ensure guidelines adopted -- procedures for publishing notice
Status: in_force

2-3-103 . Public participation -- governor to ensure guidelines adopted -- procedures for publishing notice. (1) (a) Each agency shall develop procedures for permitting and encouraging the public to participate in agency decisions that are of significant interest to the public. The procedures must ensure adequate notice and assist public participation before a final agency action is taken that is of significant interest to the public.

(b) The agency shall publish an agenda for a meeting, as defined in 2-3-202 , as follows:

(i) if a newspaper of general circulation in the county where the agency is located publishes electronic notices and links to meeting agendas free of charge to the agency on the newspaper's website, the agency shall provide the notice and agenda to the newspaper to post on the newspaper's website;

(ii) if the agency does not have an option to post notices and links to meeting agendas free of charge, the agency shall provide adequate notice of a meeting by doing at least one of the following:

(A) posting a link to the meeting agenda on the agency's primary website; or

(B) posting the agenda on the social media site of the agency.

(c) The agenda must include an item allowing public comment on any public matter that is not on the agenda of the meeting and that is within the jurisdiction of the agency conducting the meeting. However, the agency may not take action on any matter discussed unless specific notice of that matter is included on an agenda and public comment has been allowed on that matter.

(d) Public comment received at a meeting must be incorporated into the official minutes of the meeting, as provided in 2-3-212 .

(e) For purposes of this section, "public matter" does not include contested case and other adjudicative proceedings.

(2) The governor shall ensure that each board, bureau, commission, department, authority, agency, or officer of the executive branch of the state adopts coordinated rules for its programs. The guidelines must provide policies and procedures to facilitate public participation in those programs, consistent with subsection (1). These guidelines must be adopted as rules and published in a manner so that the rules may be provided to a member of the public upon request.
Mont. Code Ann. § 2-7-512 — MT Code / Title 2 / Chapter 7 / Part 5 / Section 2-7-512
2-7-512 Exit review conference
Status: in_force

2-7-512 . Exit review conference. Upon completion of each audit, the independent auditor is required to hold with the appropriate officials an exit review conference in which the audit results must be discussed.
Mont. Code Ann. § 2-17-522 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-522
2-17-522 State strategic information technology plan -- distribution
Status: in_force

2-17-522 . State strategic information technology plan -- distribution. (1) The department shall distribute the state strategic information technology plan and the biennial report to the governor and to the legislature as provided in 5-11-210 .

(2) Updates to the state strategic information technology plan must be provided to the governor by March 1 of each even-numbered year and to the legislative finance committee at its next scheduled meeting after March 1.

(3) By April 1 of each even-numbered year, the updated state strategic information technology plan must be distributed to all state agencies with instructions and schedules for updating and approving agency information technology plans in accordance with 2-17-527 .
Mont. Code Ann. § 2-15-2107 — MT Code / Title 2 / Chapter 15 / Part 21 / Section 2-15-2107
2-15-2107 Water pollution control advisory council
Status: in_force

2-15-2107 . Water pollution control advisory council. (1) There is a water pollution control advisory council.

(2) The council consists of 11 members. The members are appointed by the governor and include:

(a) a representative of industry concerned with the disposal of inorganic waste;

(b) a representative of industry concerned with the disposal of organic waste;

(c) a supervisor of a soil and water conservation district;

(d) an irrigated agriculture representative;

(e) a production agriculture representative;

(f) a person serving as public works director, director of public utilities, wastewater or public works superintendent, plant manager, or operator in charge of a publicly owned treatment works;

(g) a conservation organization representative;

(h) a realtor or developer representative;

(i) a licensed professional engineer with experience in sanitary engineering;

(j) a fisheries biologist; and

(k) a member of the public.

(3) The appointed council members serve at the pleasure of the governor.

(4) Subsections (5) through (8) of 2-15-122 apply to the council and members.
Mont. Code Ann. § 2-16-618 — MT Code / Title 2 / Chapter 16 / Part 6 / Section 2-16-618
2-16-618 Forms not mandatory
Status: in_force

2-16-618 . Forms not mandatory. The forms prescribed in this part are not mandatory, and if substantially followed, the petition shall be sufficient, notwithstanding clerical and merely technical errors.
Mont. Code Ann. § 2-15-1302 — MT Code / Title 2 / Chapter 15 / Part 13 / Section 2-15-1302
2-15-1302 Director of revenue
Status: in_force

2-15-1302 . Director of revenue. (1) There is the position of director of revenue.

(2) The director of revenue shall be appointed and serve as provided for directors in 2-15-111 .

(3) The director is the chief administrative officer of the department.
Mont. Code Ann. § 2-18-106 — MT Code / Title 2 / Chapter 18 / Part 1 / Section 2-18-106
2-18-106 No limitation on legislative authority -- transfer of funds
Status: in_force

2-18-106 . No limitation on legislative authority -- transfer of funds. (1) Parts 1 through 3 do not limit the authority of the legislature relative to appropriations for salary and wages. The budget director shall adjust determinations in accordance with legislative appropriations.

(2) Unexpended agency appropriation balances in the first year of the biennium may be transferred to the second year of the biennium to offset the costs of pay increases.
Mont. Code Ann. § 2-15-1747 — MT Code / Title 2 / Chapter 15 / Part 17 / Section 2-15-1747
2-15-1747 Board of barbers and cosmetologists
Status: in_force

2-15-1747 . Board of barbers and cosmetologists. (1) In accordance with 37-1-123 , there is a board of barbers and cosmetologists.

(2) The board consists of nine members:

(a) two cosmetologists;

(b) one esthetician;

(c) two barbers or barbers nonchemical;

(d) one manicurist;

(e) two members who are affiliated, with a school regulated under Title 37, chapter 31; and

(f) one public member.

(3) The board is allocated to the department as prescribed in 2-15-121 .
Mont. Code Ann. § 2-17-415 — MT Code / Title 2 / Chapter 17 / Part 4 / Section 2-17-415
2-17-415 Definitions
Status: in_force

2-17-415 . Definitions. As used in 2-17-415 through 2-17-418 , the following definitions apply:

(1) "Agency" has the meaning provided in 2-15-102 , but does not include the office of the governor, the attorney general, or the highway patrol.

(2) "CAFE standard" means the average fuel economy standard as provided in 49 U.S.C. 32904.

(3) "Department" means the department of administration provided for in 2-15-1001 .

(4) "Director" means the director of the department.

(5) "Vehicle fleet" means all state vehicles that are owned by the state of Montana except those used in the service of the governor, the attorney general, or the highway patrol.
Mont. Code Ann. § 2-15-211 — MT Code / Title 2 / Chapter 15 / Part 2 / Section 2-15-211
2-15-211 Mental disabilities board of visitors -- composition -- allocation -- compensation
Status: in_force

2-15-211 . Mental disabilities board of visitors -- composition -- allocation -- compensation. (1) The governor shall appoint a mental disabilities board of visitors.

(2) (a) The board shall consist of six persons who possess qualifications necessary to carry out the responsibilities of the board defined in 53-20-104 and 53-21-104 .

(b) The members of the board must meet the following requirements:

(i) one person must possess skills, knowledge, and experience relative to the treatment and welfare of adults with serious disabling mental illnesses;

(ii) one person must possess skills, knowledge, and experience relative to the treatment and welfare of children with serious emotional disturbances;

(iii) one person must possess skills, knowledge, and experience relative to the treatment and welfare of adults with developmental disabilities;

(iv) one person must be a consumer of mental health services or a family member of a consumer of mental health services; and

(v) one person must be a consumer of developmental disabilities services or a family member of a person with developmental disabilities.

(c) The members of the board must also meet the following requirements:

(i) at least one board member must be a professional person in the field of mental health treatment;

(ii) at least one board member must be a professional person in the field of developmental disabilities treatment; and

(iii) no more than three board members may be professional persons in the fields of mental health treatment and developmental disabilities treatment.

(d) A member of the board may not be a full-time agent or employee of the department of public health and human services or a mental health facility affected by Title 53, chapter 20, part 1, and Title 53, chapter 21, part 1, except this prohibition does not affect any employee of a state college or university.

(e) Board members serve for 2-year terms. The terms are staggered so that one-half of the terms expire June 30 of each year.

(3) The mental disabilities board of visitors is attached to the governor for administrative purposes. It may employ staff for the purpose of carrying out its duties as set out in Title 53, chapter 20, part 1, and Title 53, chapter 21, part 1.

(4) Each member of the board is entitled to be paid $100 for each day in which the member is actually and necessarily engaged in the performance of board duties and is also entitled to be reimbursed for travel, meals, and lodging pursuant to 2-18-501 through 2-18-503 .
Mont. Code Ann. § 2-9-111 — MT Code / Title 2 / Chapter 9 / Part 1 / Section 2-9-111
2-9-111 Immunity from suit for legislative acts and omissions
Status: in_force

2-9-111 . Immunity from suit for legislative acts and omissions. (1) As used in this section:

(a) the term "governmental entity" means only the state, counties, municipalities, school districts, and any other local government entity or local political subdivision vested with legislative power by statute;

(b) the term "legislative body" means only the legislature vested with legislative power by Article V of The Constitution of the State of Montana and that branch or portion of any other local governmental entity or local political subdivision empowered by law to consider and enact statutes, charters, ordinances, orders, rules, policies, resolutions, or resolves;

(c) (i) the term "legislative act" means:

(A) actions by a legislative body that result in creation of law or declaration of public policy;

(B) other actions of the legislature authorized by Article V of The Constitution of the State of Montana; or

(C) actions by a school board that result in adoption of school board policies pursuant to 20-3-323 (1);

(ii) the term legislative act does not include administrative actions undertaken in the execution of a law or public policy.

(2) A governmental entity is immune from suit for a legislative act or omission by its legislative body, or any member or staff of the legislative body, engaged in legislative acts.

(3) Any member or staff of a legislative body is immune from suit for damages arising from the lawful discharge of an official duty associated with legislative acts of the legislative body.

(4) The acquisition of insurance coverage, including self-insurance or group self-insurance, by a governmental entity does not waive the immunity provided by this section.

(5) The immunity provided for in this section does not extend to:

(a) any tort committed by the use of a motor vehicle, aircraft, or other means of transportation; or

(b) any act or omission that results in or contributes to personal injury or property damage caused by contamination or other alteration of the physical, chemical, or biological properties of surface water or ground water, for which a cause of action exists in statutory or common law or at equity. This subsection (b) does not create a separate or new cause of action.
Mont. Code Ann. § 2-18-701 — MT Code / Title 2 / Chapter 18 / Part 7 / Section 2-18-701
2-18-701 Definitions
Status: in_force

2-18-701 . Definitions. As used in this part, the following definitions apply:

(1) "Dependent" has the meaning provided in 33-22-140 .

(2) "Employee", as the term applies to a person employed in the executive, judicial, or legislative branches of state government, means:

(a) a permanent full-time employee, as provided in 2-18-601 ;

(b) a permanent part-time employee, as provided in 2-18-601 , who is regularly scheduled to work 20 hours or more a week;

(c) a seasonal full-time employee, as provided in 2-18-601 , who is regularly scheduled to work 6 months or more a year or who works for a continuous period of more than 6 months a year although not regularly scheduled to do so;

(d) a seasonal part-time employee, as provided in 2-18-601 , who is regularly scheduled to work 20 hours or more a week for 6 months or more a year or who works 20 hours or more a week for a continuous period of more than 6 months a year although not regularly scheduled to do so;

(e) elected officials;

(f) officers and permanent employees of the legislative branch;

(g) judges and permanent employees of the judicial branch;

(h) academic, professional, and administrative personnel having individual contracts under the authority of the board of regents of higher education or the state board of public education;

(i) a temporary full-time employee, as provided in 2-18-601 :

(i) who is regularly scheduled to work more than 6 months a year;

(ii) who works for a continuous period of more than 6 months a year although not regularly scheduled to do so; or

(iii) whose temporary status is defined through collective bargaining;

(j) a temporary part-time employee, as provided in 2-18-601 :

(i) who is regularly scheduled to work 20 hours or more a week for 6 months or more a year;

(ii) who works 20 hours or more a week for a continuous period of more than 6 months a year although not regularly scheduled to do so; or

(iii) whose temporary status is defined through collective bargaining;

(k) a full-time short-term worker, as provided in 2-18-101 and 2-18-601 , who is in a position that does not recur each year;

(l) a part-time short-term worker, as provided in 2-18-101 and 2-18-601 , who is regularly scheduled to work 20 hours or more a week in a position that does not recur each year; and

(m) a part-time or full-time employee of the state compensation insurance fund. As used in this subsection, "part-time or full-time employee of the state compensation insurance fund" means an employee eligible for inclusion in the state employee group benefit plans under the rules of the department of administration.
Mont. Code Ann. § 2-4-314 — MT Code / Title 2 / Chapter 4 / Part 3 / Section 2-4-314
2-4-314 Biennial review by agencies -- recommendations by committee
Status: repealed

2-4-314 . Biennial review by agencies -- recommendations by committee. (1) Each agency shall at least biennially review its rules to determine if any new rule should be adopted or any existing rule should be modified or repealed.

(2) Subject to 2-4-112 , the committee may recommend to the legislature those modifications, additions, or deletions of agency rulemaking authority which the committee considers necessary.
Mont. Code Ann. § 2-15-1009 — MT Code / Title 2 / Chapter 15 / Part 10 / Section 2-15-1009
2-15-1009 Public employees' retirement board -- terms -- allocation
Status: in_force

2-15-1009 . Public employees' retirement board -- terms -- allocation. (1) There is a public employees' retirement board.

(2) The board consists of seven members appointed by the governor with the consent of the senate. The members are:

(a) three public employees who are active members of a public retirement system. Not more than one of these members may be an employee of the same department and at least one of these members must, no later than July 1, 2003, be a member of the defined contribution plan created pursuant to Title 19, chapter 3, part 21.

(b) one retired public employee who is a member of the public employees' retirement system;

(c) two members at large; and

(d) one member who has experience in investment management, counseling, or financial planning or who has other similar experience.

(3) The term of office for each member is 5 years.

(4) (a) The board is allocated to the department for administrative purposes only as prescribed in 2-15-121 .

(b) The board shall hire necessary employees as provided in 19-2-404 .

(c) Consistent with its constitutional mandate to administer the retirement plans as a fiduciary of system participants and their beneficiaries, the board shall appoint its own existing attorney in lieu of the person appointed by the department, as provided for in 2-4-110 , to have sole responsibility for the legal review of each board rule proposal notice, adoption notice, or other notice related to administrative rulemaking.

(5) Members of the board must be compensated and receive travel expenses as provided for in 2-15-124 .
Mont. Code Ann. § 2-9-901 — MT Code / Title 2 / Chapter 9 / Part 9 / Section 2-9-901
2-9-901 Definitions
Status: in_force

2-9-901 . (Temporary) Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Covid-19" means the novel coronavirus identified as SARS-CoV-2, the disease caused by the novel coronavirus SARS-CoV-2 or a virus mutating from it, and conditions associated with the disease caused by the novel coronavirus SARS-CoV-2 or a virus mutating from it.

(2) "Government entity" means the state and political subdivisions, including but not limited to:

(a) political subdivisions as defined in 2-9-101 (5);

(b) the legislature, legislative committees, and legislators acting in their official capacity; and

(c) employees of the state or a political subdivision.

(3) "Health care provider" means a health care professional, whether the health care professional works for a health care provider or a government health care provider, health care facility, home health care facility, assisted living facility, or any other person or facility otherwise authorized or permitted by any federal or state statute, regulation, order, or public health guidance to administer health care services or treatment.

(4) "Person" means an individual, corporation, nonprofit corporation, estate, trust, partnership, limited liability company, business or similar trust, association, joint venture, place of worship, personal representative, trustee, government entity, or any other legal or commercial entity.

(5) "Premises" includes any real property and any appurtenant building or structure, as well as any other location, vehicle, or place serving a commercial, residential, educational, religious, governmental, cultural, charitable, or health care purpose.

(6) "Public health guidance" includes guidance related to covid-19 issued by the following:

(a) the centers for disease control and prevention of the United States department of health and human services;

(b) the centers for medicare and medicaid services of the United States department of health and human services;

(c) the federal occupational safety and health administration;

(d) the office of the governor;

(e) a state agency, including the Montana department of public health and human services; or

(f) a local government, including a local government health department or local government board of health. (Terminates December 31, 2031--sec. 12, Ch. 516, L. 2021.)
Mont. Code Ann. § 2-15-503 — MT Code / Title 2 / Chapter 15 / Part 5 / Section 2-15-503
2-15-503 Representation of state in bankruptcy and debt collection proceedings -- collection of fees from state agencies
Status: in_force

2-15-503 . Representation of state in bankruptcy and debt collection proceedings -- collection of fees from state agencies. (1) In all matters involving bankruptcy or collection of debts owed to the state in which the attorney general provides legal assistance to a state agency, the attorney general may charge a fee to the agency plus reimbursement for actual expenses reasonably incurred. The fee may be an hourly charge, or the attorney general may designate a percentage of collected proceeds to be retained for the costs of providing legal assistance. The fees and expenses must be reasonably related to the costs of the attorney general in providing legal assistance to state agencies in bankruptcy and debt collection matters.

(2) Fees and expenses retained by the attorney general under subsection (1) must be deposited in an account in the internal service fund for the costs of providing legal assistance in bankruptcy and debt collection matters. Any funds in excess of the amount appropriated for operation of the bankruptcy program must be carried forward into the next fiscal year for continued operation of the program. Any excess funds carried forward into the next fiscal year, after meeting a 60-day working capital reserve, must be used to reduce the designated percentage of the collected proceeds charged to the various agencies. All amounts collected that are not applied to fees must be deposited to the account or fund of the agency to which the debt was originally owed.
Mont. Code Ann. § 2-17-551 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-551
2-17-551 Definitions
Status: in_force

2-17-551 . Definitions. As used in 2-17-550 through 2-17-553 , the following definitions apply:

(1) "Collect" means the gathering of personally identifiable information about a user of an internet service, online service, or website by or on behalf of the provider or operator of that service or website by any means, direct or indirect, active or passive, including:

(a) an online request for the information by the provider or operator, regardless of how the information is transmitted to the provider or operator;

(b) the use of an online service to gather the information; or

(c) tracking or use of any identifying code linked to a user of a service or website, including the use of cookies.

(2) "Governmental entity" means the state and political subdivisions of the state.

(3) "Government operator" or "operator" means a governmental entity that operates a website or social media presence or uses any digital means of providing digital services that collects or maintains personal information from or about the users of or visitors to the website or online service or on whose behalf information is collected or maintained.

(4) "Internet" means, collectively, the myriad of computer and telecommunications facilities, including equipment and operating software, that comprise the interconnected worldwide network of networks that use the transmission control protocol/internet protocol or any predecessor or successor protocols to communicate information of all kinds by wire or radio.

(5) "Online" means any activity regulated by 2-17-550 through 2-17-553 that is effected by active or passive use of an internet connection, regardless of the medium by or through which the connection is established.

(6) "Personally identifiable information" means individually identifiable information about an individual collected online, including:

(a) a first and last name;

(b) a residence or other physical address, including a street name and name of a city or town;

(c) an e-mail address;

(d) a telephone number;

(e) a social security number; or

(f) unique identifying information that an internet service provider or a government operator collects and combines with any information described in subsections (6)(a) through (6)(e).

(7) "Political subdivision" means any county, city, municipal corporation, school district, or other political subdivision or public corporation.

(8) "State" means the state of Montana or any office, department, agency, authority, commission, board, institution, hospital, college, university, or other instrumentality of the state.
Mont. Code Ann. § 2-17-424 — MT Code / Title 2 / Chapter 17 / Part 4 / Section 2-17-424
2-17-424 Acceptable uses -- rulemaking
Status: in_force

2-17-424 . Acceptable uses -- rulemaking. (1) The department of administration shall adopt reasonable rules defining the acceptable uses for a state-owned or leased motor vehicle. The rules may allow for limited personal use of a state-owned or leased motor vehicle for emergency, travel-related purposes and other lawful activities that do not result in excessive mileage or excessive wear and tear on the motor vehicle. The rules may not permit the routine personal use of a state-owned or leased vehicle that is assigned to an employee on a 24-hour, 7-day-a-week basis.

(2) The department of administration shall adopt reasonable rules governing the determination of when the use of privately owned vehicles on state business may be justified as in the best interest of the state.
Mont. Code Ann. § 2-6-1012 — MT Code / Title 2 / Chapter 6 / Part 10 / Section 2-6-1012
2-6-1012 Management of public records -- disposal and destruction
Status: in_force

2-6-1012 . Management of public records -- disposal and destruction. (1) (a) Each public officer is responsible for properly managing the public records within the public officer's possession or control through an established records management plan that satisfies the requirements of this chapter.

(b) Executive branch agencies shall manage public records according to the provisions of Title 2, chapter 6, part 11, and the rules and guidelines established by the secretary of state, the state records committee, and the Montana historical society.

(c) Local governments shall manage public records according to the provisions of Title 2, chapter 6, part 12, and the rules and guidelines established by the secretary of state, the local government records committee, and the Montana historical society.

(d) Pursuant to 5-2-503 and 5-11-105 , the legislative council shall administer the records management plan for the legislative branch. The legislative branch shall cooperate with the secretary of state, the state records committee, the local government records committee, and the Montana historical society in the development, implementation, and administration of the legislative records management plan using Title 2, chapter 6, part 11, as guidance.

(e) The judicial branch shall establish a records management plan. The judicial branch may seek assistance from the secretary of state, the state records committee, the local government records committee, and the Montana historical society regarding development, implementation, and administration of the judicial records management plan.

(2) When a public record has reached the end of its retention period, the public officer shall ensure the record is disposed of, destroyed, or transferred according to the provisions of this chapter.
Mont. Code Ann. § 2-6-1114 — MT Code / Title 2 / Chapter 6 / Part 11 / Section 2-6-1114
2-6-1114 Permanent records -- agency responsibilities -- state records center
Status: in_force

2-6-1114 . Permanent records -- agency responsibilities -- state records center. (1) All permanent records no longer required in the current operation of the office where they are made or kept and all records of each agency or activity of the executive branch of state government that has been abolished or discontinued must be maintained by the agency or transferred to the state records center in accordance with approved records retention schedules.

(2) When records are transferred to the state records center, the transferring agency does not lose its rights of control and access. The state records center is merely a custodian of the agency records, and access is only by agency approval. Agency records for which the state records center acts as custodian may not be subpoenaed from the state records center but must be subpoenaed from the agency to which the records belong. The state records center may charge fees to cover the cost of records storage and servicing.

(3) Prior to transferring a permanent record to the state records center, the transferring agency shall consult with the state archivist to determine whether the record is also a historic record. If the record is found to be a historic record, it must be transferred to the Montana historical society in accordance with the provisions of 2-6-1112 .
Mont. Code Ann. § 2-9-804 — MT Code / Title 2 / Chapter 9 / Part 8 / Section 2-9-804
2-9-804 Purchase -- responsible surety
Status: in_force

2-9-804 . Purchase -- responsible surety. (1) The city or town council or commissioners shall purchase all surety bonds for city officers and employees.

(2) Bonds purchased by the city or town council or commission must be executed by responsible insurance or surety companies authorized and admitted to execute surety bonds in this state or by a self-insurance pool insuring cities or towns as authorized under 2-9-211 .
Mont. Code Ann. § 2-4-403 — MT Code / Title 2 / Chapter 4 / Part 4 / Section 2-4-403
2-4-403 Legislative intent -- poll
Status: in_force

2-4-403 . Legislative intent -- poll. (1) Subject to 2-4-112 , if the legislature is not in session, the committee may poll all members of the legislature by mail to determine whether a proposed rule is consistent with the intent of the legislature.

(2) If 20 or more legislators object to a proposed rule, the committee shall poll the members of the legislature.

(3) The poll must include an opportunity for the agency to present a written justification for the proposed rule to the members of the legislature.
Mont. Code Ann. § 2-9-505 — MT Code / Title 2 / Chapter 9 / Part 5 / Section 2-9-505
2-9-505 Bonds of receivers, assignees -- payable to state
Status: in_force

2-9-505 . Bonds of receivers, assignees -- payable to state. All bonds or undertakings given by trustees, receivers, assignees, or officers of a court in an action or proceeding for the faithful discharge of their duties, where it is not otherwise provided, must be in the name of and payable to the state and, upon the order of the court where such action or proceeding is pending, may be prosecuted for the benefit of any and all interested therein.
Mont. Code Ann. § 2-15-389 — MT Code / Title 2 / Chapter 15 / Part 3 / Section 2-15-389
2-15-389 Terminated
Status: in_force

2-15-389 . Terminated. Sec. 8, Ch. 664, L. 1985.
Mont. Code Ann. § 2-1-214 — MT Code / Title 2 / Chapter 1 / Part 2 / Section 2-1-214
2-1-214 Concurrent jurisdiction of the United States over certain lands dedicated to national park purposes
Status: in_force

2-1-214 . Concurrent jurisdiction of the United States over certain lands dedicated to national park purposes. (1) Concurrent jurisdiction over crimes and offenses under the laws of the state is ceded to the United States over and within all the lands dedicated to national park purposes in the following tracts:

(a) Big Horn Canyon;

(b) Grant-Kohrs national historic site;

(c) Big Hole national battlefield; and

(d) Fort Union trading post.

(2) The concurrent jurisdiction ceded by subsection (1) is vested upon acceptance by the United States by and through its appropriate officials and shall continue so long as the lands within the designated areas are dedicated to park purposes.
Mont. Code Ann. § 2-17-544 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-544
2-17-544 Mutual aid frequency program for land mobile radio
Status: in_force

2-17-544 . Mutual aid frequency program for land mobile radio. The mutual aid frequency program for land mobile radio is designed to provide public and private safety agencies with a set of land mobile radio frequencies and predetermined operational parameters that serve as a basis for initial, on-scene emergency coordination and the resolution of interoperability issues.
Mont. Code Ann. § 2-15-127 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-127
2-15-127 Terminated
Status: in_force

2-15-127 . Terminated. Sec. 4, Ch. 237, L. 1993.
Mont. Code Ann. § 2-4-501 — MT Code / Title 2 / Chapter 4 / Part 5 / Section 2-4-501
2-4-501 Declaratory rulings by agencies
Status: in_force

2-4-501 . Declaratory rulings by agencies. Each agency shall provide by rule for the filing and prompt disposition of petitions for declaratory rulings as to the applicability of any statutory provision or of any rule or order of the agency. A copy of a declaratory ruling must be filed with the secretary of state for publication in the register. A declaratory ruling or the refusal to issue such a ruling shall be subject to judicial review in the same manner as decisions or orders in contested cases.
Mont. Code Ann. § 2-15-1734 — MT Code / Title 2 / Chapter 15 / Part 17 / Section 2-15-1734
2-15-1734 Board of nursing
Status: in_force

2-15-1734 . Board of nursing. (1) In accordance with 37-1-123 , there is a board of nursing.

(2) The board consists of eight members. The members are:

(a) five registered professional nurses, including:

(i) at least one with experience in administration, teaching, or supervision in one or more schools of nursing;

(ii) at least one advanced practice registered nurse;

(iii) at least one engaged in nursing practice in a rural health care facility; and

(iv) at least one engaged in the administration, supervision, or provision of direct client care;

(b) two practical nurses; and

(c) one public member.

(3) The board is allocated to the department as prescribed in 2-15-121 .
Mont. Code Ann. § 2-4-406 — MT Code / Title 2 / Chapter 4 / Part 4 / Section 2-4-406
2-4-406 Committee objection to violation of authority for rule -- effect
Status: in_force

2-4-406 . Committee objection to violation of authority for rule -- effect. (1) Subject to 2-4-112 , the appropriate administrative rule review committee may informally object to a notice of proposed rulemaking. If a majority of the members of the appropriate administrative rule review committee notify the committee presiding officer that they object to all or a portion of a notice of proposed rulemaking:

(a) the committee shall notify the agency in writing of the objection;

(b) the committee shall address the objections at the next committee meeting; and

(c) the objecting members shall be identified in the committee's records.

(d) The proposal notice to which the committee objects may not be adopted until publication of the last issue of the register that is published before expiration of the 6-month period during which the adoption notice must be published, unless prior to that time, the committee meets and does not renew the objection by majority vote.

(2) (a) Subject to 2-4-112 , the appropriate administrative rule review committee may formally object to a proposed or adopted rule. If the appropriate administrative rule review committee objects to all or some portion of a proposed or adopted rule because the committee, by majority vote, considers it not to have been proposed or adopted in substantial compliance with 2-4-302 , 2-4-303 , and 2-4-305 , the committee shall send a written objection to the agency:

(i) that contains a concise statement of the committee's reasons for its action;

(ii) that sets forth the provisions of 2-4-302 , 2-4-303 , and 2-4-305 with which the proposal does not comply and the basis for belief of noncompliance; and

(iii) that must be included in the committee's records.

(b) Following notice by the committee to the agency, all or a portion of the proposal notice that the committee objects to may not be adopted until:

(i) publication of the last issue of the register that is published before expiration of the 6-month period during which the adoption notice must be published, unless prior to that time, the committee meets and does not make the same objection; or

(ii) as provided in 2-4-306 (4)(c).

(3) Within 14 days after the mailing of a committee formal objection to a rule, the agency promulgating the rule shall respond in writing to the committee. After receipt of the response, the committee may withdraw or modify its objection.

(4) Subject to 2-4-112 , if the committee fails to withdraw or substantially modify its formal objection to a rule, it may vote to send the objection to the secretary of state, who shall, upon receipt of the objection, publish the objection in the register adjacent to any notice of adoption of the rule and in the ARM adjacent to the rule, provided an agency response must also be published if requested by the agency. Costs of publication of the objection and the agency response must be paid by the committee.

(5) If a formal objection to all or a portion of a rule has been published pursuant to subsection (4), the agency bears the burden, in any action challenging the legality of the rule or portion of a rule objected to by the committee, of proving that the rule or portion of the rule objected to was adopted in substantial compliance with 2-4-302 , 2-4-303 , and 2-4-305 . If a rule is invalidated by court judgment because the agency failed to meet its burden of proof imposed by this subsection and the court finds that the rule was adopted in arbitrary and capricious disregard for the purposes of the authorizing statute, the court may award costs and reasonable attorney fees against the agency.
Mont. Code Ann. § 2-18-304 — MT Code / Title 2 / Chapter 18 / Part 3 / Section 2-18-304
2-18-304 Longevity allowance
Status: in_force

2-18-304 . Longevity allowance. (1) (a) In addition to the compensation provided for in 2-18-303 , each employee who has completed 5 years of uninterrupted state service must receive 1.5% of the employee's base salary multiplied by the number of completed, contiguous 5-year periods of uninterrupted state service.

(b) In addition to the longevity allowance provided under subsection (1)(a), each employee who has completed 10 years of uninterrupted state service, 15 years of uninterrupted state service, 20 years of uninterrupted state service, or 25 years of uninterrupted state service must receive an additional 0.5% of the employee's base salary for each of those additional 5 years of uninterrupted service.

(c) Service to the state is not interrupted by authorized leaves of absence.

(2) (a) For the purpose of determining years of service under this section, an employee must be credited with 1 year of service for each period of:

(i) 2,080 hours of service following the employee's date of employment; an employee must be credited with 80 hours of service for each biweekly pay period in which the employee is in a pay status or on an authorized leave of absence without pay, regardless of the number of hours of service in the pay period; or

(ii) 12 uninterrupted calendar months following the employee's date of employment in which the employee was in a pay status or on an authorized leave of absence without pay, regardless of the number of hours of service in any month. An employee of a school at a state institution or the university system must be credited with 1 year of service if the employee is employed for an entire academic year.

(b) State agencies, other than the university system and a school at a state institution, shall use the method provided in subsection (2)(a)(i) to calculate years of service under this section.

(3) For the purposes of calculating longevity, employment as a short-term worker does not apply toward years of service.
Mont. Code Ann. § 2-18-619 — MT Code / Title 2 / Chapter 18 / Part 6 / Section 2-18-619
2-18-619 Jury duty -- service as witness
Status: in_force

2-18-619 . Jury duty -- service as witness. (1) Each employee who is under proper summons as a juror shall collect all fees and allowances payable as a result of the service and forward the fees to the appropriate accounting office. Juror fees must be applied against the amount due the employee from the employer. However, if an employee elects to use annual leave to serve on a jury, the employee may not be required to remit the juror fees to the employer. An employee is not required to remit to the employer any expense or mileage allowance paid by the court.

(2) An employee subpoenaed to serve as a witness shall collect all fees and allowances payable as a result of the service and forward the fees to the appropriate accounting office. Witness fees must be applied against the amount due the employee from the employer. However, if an employee elects to use annual leave to serve as a witness, the employee may not be required to remit the witness fees to the employer. An employee is not required to remit to the employer any expense or mileage allowances paid by the court.

(3) Employers may request the court to excuse their employees from jury duty if they are needed for the proper operation of a unit of state or local government.
Mont. Code Ann. § 2-16-501 — MT Code / Title 2 / Chapter 16 / Part 5 / Section 2-16-501
2-16-501 Vacancies created
Status: in_force

2-16-501 . Vacancies created. An office becomes vacant on the occurrence of any one of the following events before the expiration of the term of the incumbent:

(1) the death of the incumbent;

(2) a determination pursuant to Title 53, chapter 21, part 1, that the incumbent suffers from a mental disorder and is in need of commitment;

(3) the effective date stipulated in the resignation of the incumbent;

(4) removal of the incumbent from office;

(5) the incumbent's ceasing to be a resident of the state or, if the office is local, of the district, city, county, town, or township for which the incumbent was chosen or appointed or within which the duties of the incumbent's office are required to be discharged;

(6) except as provided in 10-1-1008 , absence of the incumbent from the state, without the permission of the legislature, beyond the period allowed by law;

(7) the incumbent's ceasing to discharge the duty of the incumbent's office for the period of 3 consecutive months, except when prevented by sickness, when absent from the state by permission of the legislature, or as provided in 10-1-1008 ;

(8) conviction of the incumbent of a felony or of an offense involving moral turpitude or a violation of the incumbent's official duties;

(9) the incumbent's refusal or neglect to file the incumbent's official oath or bond within the time prescribed;

(10) the decision of a competent tribunal declaring void the incumbent's election or appointment.
Mont. Code Ann. § 2-16-502 — MT Code / Title 2 / Chapter 16 / Part 5 / Section 2-16-502
2-16-502 Resignations
Status: in_force

2-16-502 . Resignations. Resignations must be in writing, must stipulate an effective date, and must be submitted as follows:

(1) by the governor and lieutenant governor, to the legislature if it is in session and, if not, then to the secretary of state;

(2) by all officers commissioned by the governor, to the governor;

(3) by senators and members of the house of representatives, if the legislature is not in session, to the secretary of state and, if it is in session, to the presiding officer of the branch to which the member belongs, who must immediately transmit the same to the secretary of state;

(4) by all county and township officers not commissioned by the governor, to the clerk of the board of commissioners of their respective counties;

(5) by all other appointed officers, to the body or officer that appointed them;

(6) by all trustees of school districts, to the clerk of the respective school district, provided for in 20-3-325 ;

(7) in all cases not otherwise provided for, by filing the resignation in the office of the secretary of state.
Mont. Code Ann. § 2-2-106 — MT Code / Title 2 / Chapter 2 / Part 1 / Section 2-2-106
2-2-106 Disclosure
Status: in_force

2-2-106 . Disclosure. (1) (a) Prior to December 15 of each even-numbered year, each state officer, holdover senator, supreme court justice, and district court judge shall file with the commissioner of political practices a business disclosure statement on a form provided by the commissioner. An individual filing pursuant to subsection (1)(b) or (1)(c) is not required to file under this subsection (1)(a) during the same period.

(b) Each candidate for a statewide or a state office elected from a district shall, within 5 days of the time that the candidate files for office, file a business disclosure statement with the commissioner of political practices on a form provided by the commissioner.

(c) An individual appointed to office who would be required to file under subsection (1)(a) or (1)(b) is required to file the business disclosure statement at the earlier of the time of submission of the person's name for confirmation or the assumption of the office.

(2) Except as provided in subsection (4), the statement must provide the following information:

(a) the name, address, and type of business of the individual;

(b) each present or past employing entity from which benefits, including retirement benefits, are currently received by the individual;

(c) each business, firm, corporation, partnership, and other business or professional entity or trust in which the individual holds more than a 10% interest, or if the company is publicly traded, more than a 1% interest;

(d) each entity not listed under subsections (2)(a) through (2)(c) in which the individual is an officer or director, regardless of whether or not the entity is organized for profit; and

(e) all real property, other than a personal residence, in which the individual holds more than a 10% interest. Real property may be described by general description.

(3) Disclosure of mutual funds under subsection (2) is not required.

(4) An individual may not assume or continue to exercise the powers and duties of the office to which that individual has been elected or appointed until the statement has been filed as provided in subsection (1).

(5) An individual required to file a business disclosure statement may certify that the information required by subsection (2) has not changed from the most recent statement filed by the individual. The commissioner shall provide a certification form.

(6) The commissioner of political practices shall make the business disclosure statements and certification forms available to any individual upon request.
Mont. Code Ann. § 2-4-107 — MT Code / Title 2 / Chapter 4 / Part 1 / Section 2-4-107
2-4-107 Construction and effect
Status: in_force

2-4-107 . Construction and effect. Nothing in this chapter shall be considered to limit or repeal requirements imposed by statute or otherwise recognized law. No subsequent legislation shall be considered to supersede or modify any provision of this chapter, whether by implication or otherwise, except to the extent that such legislation shall do so expressly.
Mont. Code Ann. § 2-8-402 — MT Code / Title 2 / Chapter 8 / Part 4 / Section 2-8-402
2-8-402 Intent to create new board
Status: in_force

2-8-402 . Intent to create new board. (1) A bill draft request to create a department of labor and industry licensing board or licensing program must include a report that addresses:

(a) how licensing would protect and benefit the public;

(b) how the unregulated practice of the profession or occupation would pose a hazard to public health, safety, or welfare and whether the nature of the profession or occupation makes it difficult for the consumer to evaluate the hazard;

(c) the proposed minimum education, experience, and examination requirements necessary to provide the service, comparative data, and analysis on the licensure of the profession or occupation in other states and whether the proposed requirements are greater, less than, or equal to a national average;

(d) the proposed scope of practice;

(e) a description of any overlapping scopes of practice with professions or occupations, whether licensed or not;

(f) an analysis of the impact licensure would have on the type, cost, and availability of services to consumers, the number of providers currently in the market, and other impacts on market conditions;

(g) a description of any licensure exceptions;

(h) existing practitioners and the date by which they would be required to meet proposed qualifications;

(i) a list of other states that license the profession or occupation;

(j) regulatory alternatives other than licensing that are available to the practitioners of the profession or occupation;

(k) previous efforts, if any, to regulate the profession or occupation; and

(l) whether the profession or occupation could be regulated by an existing licensing board or licensing program.

(2) To estimate initial costs, the report must address:

(a) the number of licensees anticipated and a basis for the estimate;

(b) if a licensing board is proposed, the proposed makeup of the licensing board membership; and

(c) the projected annual licensing fees based on information from the department of labor and industry for all costs associated with a licensing board or licensing program of the projected size.

(3) If information is requested of the department of labor and industry in making a report under this section, the department may charge reasonable fees commensurate with the costs of producing the information.
Mont. Code Ann. § 2-8-304 — MT Code / Title 2 / Chapter 8 / Part 3 / Section 2-8-304
2-8-304 Review of privatized programs
Status: in_force

2-8-304 . Review of privatized programs. (1) If during audits of state agencies, the legislative auditor identifies programs being conducted by an agency under contract that may be administered more cost-effectively directly by the agency or identifies services performed by an agency that may be performed more cost-effectively by the private sector, the legislative auditor shall submit this information to the legislative audit committee.

(2) Members of the public, elected bargaining agents or employee representatives, elected officials, legislators, and agency directors may submit to the legislative audit committee a request to review programs being conducted under contract by an agency that may be administered more cost-effectively directly by the agency.

(3) The office of budget and program planning shall submit to the legislative audit committee, by July 1 of each odd-numbered year:

(a) a list of all programs accounted for in an enterprise fund or an internal service fund; and

(b) a request for privatization review under subsection (1) of at least two of the programs identified in subsection (3)(a), including any available information and criteria required under 2-8-303 .

(4) The legislative audit committee shall review the information and requests provided under subsections (1) through (3) and may direct the legislative auditor to conduct a review of any contracted program or program administered directly by the agency, or both. The review must include a report to the legislative audit committee that includes the information required in a privatization plan under 2-8-303 .

(5) The report required by subsection (4) must be provided to the legislative audit committee and released to the public. Not less than 30 days after the release of the report, the legislative audit committee shall conduct a public hearing on the report at which public comments and testimony must be received. Upon completion of the hearing on the report, the legislative audit committee may make recommendations that it believes appropriate concerning the program.
Mont. Code Ann. § 2-18-815 — MT Code / Title 2 / Chapter 18 / Part 8 / Section 2-18-815
2-18-815 Transfer of authority of board of regents authorized
Status: in_force

2-18-815 . Transfer of authority of board of regents authorized. (1) The board of regents of higher education may transfer its authority for providing group benefits for employees of the Montana university system to the department.

(2) Upon transfer of the board of regents' authority as provided in (1) of this section, group benefit plans for employees of the Montana university system are subject to the provisions of this part.
Mont. Code Ann. § 2-4-308 — MT Code / Title 2 / Chapter 4 / Part 3 / Section 2-4-308
2-4-308 Adjective or interpretive rule -- statement of implied authority and legal effect
Status: in_force

2-4-308 . Adjective or interpretive rule -- statement of implied authority and legal effect. (1) Each adjective or interpretive rule or portion of an adjective or interpretive rule to be adopted under implied rulemaking authority must contain a statement in the historical notations of the rule that the rule is advisory only but may be a correct interpretation of the law. The statement must be placed in the ARM when the rule in question is scheduled for reprinting.

(2) Subject to 2-4-112 , the appropriate administrative rule review committee may file with the secretary of state, for publication with any rule or portion of a rule that it considers to be adjective or interpretive, a statement indicating that it is the opinion of the appropriate administrative rule review committee that the rule or portion of a rule is adjective or interpretive and therefore advisory only. If the committee requests the statement to be published for an adopted rule not scheduled for reprinting in the ARM, the cost of publishing the statement in the ARM must be paid by the committee.
Mont. Code Ann. § 2-6-1014 — MT Code / Title 2 / Chapter 6 / Part 10 / Section 2-6-1014
2-6-1014 Protection and storage of essential records
Status: in_force

2-6-1014 . Protection and storage of essential records. (1) To provide for the continuity and preservation of civil government, each public officer shall designate certain public records as essential records. The list must be continually maintained by the public officers to ensure its accuracy. Each public officer shall collaborate with the appropriate continuity of government programs to ensure essential records are identified and maintained.

(2) Each public officer shall ensure essential records are efficiently and effectively secured. Each public officer shall look to the guidance provided by the state records committee or the local government records committee in choosing appropriate methods to protect, store, back up, and recover essential records.
Mont. Code Ann. § 2-4-701 — MT Code / Title 2 / Chapter 4 / Part 7 / Section 2-4-701
2-4-701 Immediate review of agency action
Status: in_force

2-4-701 . Immediate review of agency action. A preliminary, procedural, or intermediate agency action or ruling is immediately reviewable if review of the final agency decision would not provide an adequate remedy.
Mont. Code Ann. § 2-3-301 — MT Code / Title 2 / Chapter 3 / Part 3 / Section 2-3-301
2-3-301 Agency to accept public comment electronically -- dissemination of electronic comments address and documents required -- fees prohibited
Status: in_force

2-3-301 . Agency to accept public comment electronically -- dissemination of electronic comments address and documents required -- fees prohibited. (1) An agency that accepts public comment pursuant to a statute, administrative rule, or policy, including an agency adopting rules pursuant to the Montana Administrative Procedure Act or an agency to which 2-3-111 applies, shall provide for the receipt of public comment electronically.

(2) As part of the agency action required by subsection (1), an agency shall disseminate by appropriate media the address to which public comment may be made, including dissemination in:

(a) rulemaking notices published pursuant to the Montana Administrative Procedure Act;

(b) the telephone directory of state agencies published by the department of administration;

(c) any notice of agency existence, purpose, and operations published on the internet; or

(d) any combination of the methods of dissemination provided in subsections (2)(a) through (2)(c).

(3) An agency shall, at the request of another agency or person and subject to 2-6-1003 , disseminate the electronic documents to that agency or person by electronic mail in place of surface mail. Notification of the availability of an electronic notice of proposed rulemaking may be sent to an interested person as provided in 2-4-302 . An agency may not charge a fee for providing documents by electronic mail in accordance with this subsection.

(4) An agency that receives electronic comments pursuant to subsection (1) shall retain the electronic comments as either an electronic or a paper copy to the same extent that other comments are retained.

(5) As used in this section, "agency" means a department, division, bureau, office, board, commission, authority, or other agency of the executive branch of state government.
Mont. Code Ann. § 2-1-202 — MT Code / Title 2 / Chapter 1 / Part 2 / Section 2-1-202
2-1-202 Jurisdiction over lands purchased by United States -- reservation of rights to state
Status: in_force

2-1-202 . Jurisdiction over lands purchased by United States -- reservation of rights to state. Pursuant to Article I, section 8, paragraph 17, of the constitution of the United States, consent to purchase is hereby given and exclusive jurisdiction is ceded to the United States over and with respect to any lands within the limits of this state that are acquired by the complete purchase by the United States for any of the purposes described in paragraph 17 of the constitution of the United States. The jurisdiction must continue as long as the lands are held and occupied by the United States for the described purposes. The state reserves the right to serve and execute civil or criminal process lawfully issued by the courts of the state within the limits of the territory over which jurisdiction is ceded in any suits or transactions for or on account of any rights obtained, obligations incurred, or crimes committed in this state, within or outside of the territory. The state also reserves the right to tax persons and corporations and their franchises and property within the territory. The state and its inhabitants and citizens reserve the right to fish and hunt and the right of access, ingress, and egress to and through the ceded territory to all persons owning or controlling livestock for the purpose of watering the livestock. The state reserves jurisdiction in the enforcement of state laws relating to the duties of the department of livestock and the department of environmental quality and the enforcement of any regulations promulgated by the departments in accordance with the laws of the state. Jurisdiction does not vest until the United States, through the proper officers, files an accurate map or plat and description by metes and bounds of the lands in the office of the county clerk and recorder of the county in which the lands are situated. If the lands are within the corporate limits of any city, the map or plat must also be filed in the office of the city clerk of the city. The filing of the map constitutes acceptance of the jurisdiction by the United States as ceded.
Mont. Code Ann. § 2-15-105 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-105
2-15-105 Attorney general, state auditor, superintendent of public instruction, and secretary of state -- powers as department heads
Status: in_force

2-15-105 . Attorney general, state auditor, superintendent of public instruction, and secretary of state -- powers as department heads. The attorney general, state auditor, superintendent of public instruction, and secretary of state have, in addition to any other power vested by the Montana constitution or by law, the same powers accorded the heads of departments by this part. No duties relating to the governor or requirements for permission from or approval by the governor in this part apply to such elected officials in the exercise of such power unless a statute specifically requires the elected official to perform such duty or obtain such permission or approval.
Mont. Code Ann. § 2-9-527 — MT Code / Title 2 / Chapter 9 / Part 5 / Section 2-9-527
2-9-527 Suit on bonds
Status: in_force

2-9-527 . Suit on bonds. (1) An official bond executed by any officer pursuant to law is in force and obligatory upon the principal and sureties to and for the state and to and for the use and benefit of all persons who may be injured or aggrieved by the wrongful act or default of the officer in the officer's official capacity. A person injured or aggrieved may bring suit on the bond in the person's own name.

(2) A bond is not void on the first recovery of a judgment on the bond. Suit may be brought from time to time and judgment recovered on the bond by the state or by any person to whom a right of action has accrued against the officer and the sureties until the whole penalty of the bond is exhausted.
Mont. Code Ann. § 2-9-523 — MT Code / Title 2 / Chapter 9 / Part 5 / Section 2-9-523
2-9-523 Proceedings to obtain release
Status: in_force

2-9-523 . Proceedings to obtain release. (1) A surety desiring to be released from liability on the bond of any county or township officer shall file a statement in writing, duly subscribed by the surety or someone on the surety's behalf setting forth the name and office of the bonded person, the amount for which the surety is liable, and the surety's desire to be released from further liability on account of the bond.

(2) A notice containing the object of the statement must be served personally on the principal unless the principal has left the state or the principal's whereabouts cannot after due and diligent search and inquiry be ascertained, in which case the notice may be served by publication once a week for four successive publications in a newspaper of general circulation published in the county where the bond is filed on record. The statement, except when the county clerk and recorder or county commissioners are principals, must be filed with the county clerk and recorder. When the county clerk and recorder or county commissioners are principals, the statement must be filed with the district court judge.

(3) A surety desiring to be released from liability on the bond of any city or town officer shall file and serve a similar statement with the city or town clerk or mayor.

(4) A surety desiring to be released from an executor's, administrator's, or guardian's bond or undertaking shall file and serve a similar statement with the proper officer, person, or authority with whom the bond is filed on record.

(5) All statements provided for in this section must be served personally on the principal as provided in this section if the principal can be found for service in the state. If the principal cannot be found in the state, the principal may be served by publication in a newspaper as provided in subsection (2) or, if a newspaper is not published in that county, then in a newspaper published in an adjoining county, without any order from any court or other authority. In all cases for which publication is provided, a printed or written notice posted in at least 10 conspicuous places in the county for the time specified for publication of the notice is considered legal notice.
Mont. Code Ann. § 2-9-319 — MT Code / Title 2 / Chapter 9 / Part 3 / Section 2-9-319
2-9-319 Government entity -- prohibitions on lawsuits related to firearms or manufacturers
Status: in_force

2-9-319 . Government entity -- prohibitions on lawsuits related to firearms or manufacturers. (1) Except as provided in subsection (2), a government entity may not bring suit against a firearms or ammunition manufacturer, trade association, or seller for recovery of damages resulting from, or injunctive relief or abatement of a nuisance relating to, the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public.

(2) Nothing in this section prohibits a government entity from bringing an action against a firearms or ammunition manufacturer, trade association, or seller for recovery of damages for:

(a) breach of contract or warranty as to firearms or ammunition purchased by a government entity; or

(b) damage or harm to property owned or leased by the government entity caused by a defective firearm or ammunition.
Mont. Code Ann. § 2-15-1782 — MT Code / Title 2 / Chapter 15 / Part 17 / Section 2-15-1782
2-15-1782 Board of massage therapy
Status: in_force

2-15-1782 . Board of massage therapy. (1) In accordance with 37-1-123 there is a board of massage therapy.

(2) The board consists of five members:

(a) one health care provider who is not an owner of a school that educates massage therapists;

(b) three massage therapists, none of whom may be an owner of a school that educates massage therapists; and

(c) one public member.

(3) The board is allocated to the department as prescribed in 2-15-121 .
Mont. Code Ann. § 2-18-810 — MT Code / Title 2 / Chapter 18 / Part 8 / Section 2-18-810
2-18-810 Functions of advisory council
Status: in_force

2-18-810 . Functions of advisory council. (1) The department shall meet and consult with the advisory council before negotiating, contracting, or otherwise modifying state employee group benefit plans.

(2) The advisory council shall meet quarterly to review the existing state employee group benefit plans, to review claims problems, and to advise the department on state employee group benefit matters.
Mont. Code Ann. § 2-15-1507 — MT Code / Title 2 / Chapter 15 / Part 15 / Section 2-15-1507
2-15-1507 Board of public education
Status: in_force

2-15-1507 . Board of public education. The board of public education created in Article X, section 9, subsection (3), of the Montana constitution consists of seven members appointed by the governor and confirmed by the senate. The governor, superintendent of public instruction, and commissioner of higher education are ex officio nonvoting members of the board of public education.
Mont. Code Ann. § 2-15-3406 — MT Code / Title 2 / Chapter 15 / Part 34 / Section 2-15-3406
2-15-3406 State parks and recreation board -- composition
Status: in_force

2-15-3406 . State parks and recreation board -- composition. (1) There is a state parks and recreation board.

(2) The board consists of five members appointed by the governor, as prescribed in 2-15-124 . The governor shall appoint one member from each of the following districts:

(a) District No. 1, consisting of Lincoln, Flathead, Sanders, Lake, Mineral, Missoula, Powell, Ravalli, Granite, and Lewis and Clark Counties;

(b) District No. 2, consisting of Deer Lodge, Silver Bow, Beaverhead, Madison, Jefferson, Broadwater, Gallatin, Park, and Sweet Grass Counties;

(c) District No. 3, consisting of Glacier, Toole, Liberty, Hill, Pondera, Teton, Chouteau, Cascade, Judith Basin, Fergus, Blaine, Meagher, and Wheatland Counties;

(d) District No. 4, consisting of Phillips, Valley, Daniels, Sheridan, Roosevelt, Petroleum, Garfield, McCone, Richland, Dawson, and Wibaux Counties;

(e) District No. 5, consisting of Golden Valley, Musselshell, Stillwater, Carbon, Yellowstone, Big Horn, Treasure, Rosebud, Custer, Powder River, Carter, Fallon, and Prairie Counties.

(3) Appointments must be made without regard to political affiliation and must be made solely for the wise management of state parks and outdoor recreational resources administered pursuant to Title 23, chapter 1, and Title 23, chapter 2, parts 1, 4, and 9.

(4) A person appointed to the board must be informed or experienced in the conservation and protection of state parks, heritage resources, natural resources, tourism promotion and development, or outdoor recreation.

(5) A vacancy on the board must be filled by the governor in the same manner and from the district in which the vacancy occurs.

(6) The board is designated as a quasi-judicial board for the purposes of 2-15-124 .
Mont. Code Ann. § 2-6-1031 — MT Code / Title 2 / Chapter 6 / Part 10 / Section 2-6-1031
2-6-1031 Definitions
Status: in_force

2-6-1031 . Definitions. As used in 2-6-1030 through 2-6-1033 , the following definitions apply:

(1) (a) "Claim" means any claim against a governmental entity for $10,000 or more in monetary compensation, including but not limited to employment-related claims and tort claims.

(b) The term does not include benefits disputes under Title 39, chapter 51 or 71.

(2) "Department" means the department of administration provided for in 2-15-1001 .

(3) "Employee" has the meaning provided in 2-9-101 . The term includes a permanent employee, short-term worker, student intern, seasonal employee, personal staff, and temporary employee as those terms are defined in 2-18-101 .

(4) "Monetary compensation" includes money and anything of financial value that is used by a governmental entity to resolve a claim, including but not limited to paid administrative leave and reinstatement or rehiring of a terminated employee.

(5) "Nondisclosure agreement" means any kind of contract or agreement requiring the parties to maintain confidentiality of any information related to a settlement with the state or compromise or settlement agreements with the state.

(6) "Settlement" means a binding legal agreement between the state or its agencies, departments, or other state entities and a party who accepts monetary compensation in return for releasing claims against the state or its entities.

(7) "State" and "governmental entity" means the state of Montana or any office, department, agency, authority, commission, board, institution, hospital, college, or university of the state.
Mont. Code Ann. § 2-5-106 — MT Code / Title 2 / Chapter 5 / Part 1 / Section 2-5-106
2-5-106 Establishment of committee -- determination
Status: in_force

2-5-106 . Establishment of committee -- determination. (1) If, after considering comments and applications submitted under 2-5-105 , the agency determines that a negotiated rulemaking committee can adequately represent the interests of the persons that will be significantly affected by a proposed rule and that it is feasible and appropriate in the particular rulemaking, the agency may establish a negotiated rulemaking committee.

(2) If, after considering comments and applications submitted under 2-5-105 , the agency decides not to establish a negotiated rulemaking committee, the agency shall notify the persons who commented on or applied for membership on the negotiated rulemaking committee of the reasons for the decision. The agency shall also publish a notice in the Montana Administrative Register and, as appropriate, in newspapers and other publications.

(3) The agency shall provide appropriate administrative support to the negotiated rulemaking committee, including technical support.

(4) A negotiated rulemaking committee terminates upon adoption of the final rule under consideration, unless the agency, after consulting the committee, or the committee itself specifies an earlier termination date.
Mont. Code Ann. § 2-15-142 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-142
2-15-142 Guiding principles and documentation
Status: in_force

2-15-142 . Guiding principles and documentation. In formulating or implementing policies or administrative rules that have direct tribal implications, a state agency shall document its consideration of the following principles:

(1) a commitment to cooperation and collaboration;

(2) mutual understanding and respect;

(3) regular and early communication;

(4) a process of accountability for addressing issues; and

(5) preservation of the tribal-state relationship.
Mont. Code Ann. § 2-5-104 — MT Code / Title 2 / Chapter 5 / Part 1 / Section 2-5-104
2-5-104 Determination of need for negotiated rulemaking committee
Status: in_force

2-5-104 . Determination of need for negotiated rulemaking committee. (1) An agency may establish a negotiated rulemaking committee to negotiate and develop a proposed rule if the agency director determines that the use of the negotiated rulemaking procedure is in the public interest. In making that determination, the agency director shall consider whether:

(a) there is a need for a rule;

(b) there are a limited number of identifiable interests that will be significantly affected by the rule;

(c) there is a reasonable likelihood that a committee can be convened with a balanced representation of persons who:

(i) can adequately represent the interests identified under subsection (1)(b); and

(ii) are willing to negotiate in good faith to reach a consensus on the proposed rule;

(d) there is a reasonable likelihood that a committee will reach a consensus on the proposed rule within a fixed period of time;

(e) the negotiated rulemaking procedure will not unreasonably delay the notice of proposed rulemaking and the issuance of the final rule;

(f) the agency has adequate resources and is willing to commit those resources, including technical assistance, to the committee; and

(g) the agency, to the maximum extent possible consistent with the legal obligations of the agency, will use the consensus of the committee as the basis for the rule proposed by the agency.

(2) An agency may use the services of a convener to assist in making the determination of need pursuant to subsection (1) and to assist the agency in:

(a) identifying persons who will be significantly affected by a proposed rule; and

(b) conducting discussions with affected persons on the issues of concern and ascertaining whether the establishment of a negotiated rulemaking committee is feasible and appropriate for the particular rulemaking procedure.

(3) The convener shall report findings and make recommendations to the agency. Upon request of the agency, the convener shall ascertain the names of persons who are willing and qualified to represent the interests that will be significantly affected by the proposed rule. The report and any recommendations of the convener must be made available to the public upon request.
Mont. Code Ann. § 2-18-902 — MT Code / Title 2 / Chapter 18 / Part 9 / Section 2-18-902
2-18-902 Notice -- shared costs of third-party action -- limitation
Status: in_force

2-18-902 . Notice -- shared costs of third-party action -- limitation. (1) If an insured intends to institute an action for damages against a third party, the insured shall give the insurer reasonable notice of the intention to institute the action.

(2) The insured may request that the insurer pay a proportionate share of the reasonable costs of the third-party action, including attorney fees.

(3) An insurer may elect not to participate in the cost of the action. If an election is made, the insurer waives 50% of any subrogation rights granted to it by 2-18-901 .

(4) The insurer's right of subrogation granted in 2-18-901 may not be enforced until the injured insured has been fully compensated for the insured's injuries.
Mont. Code Ann. § 2-10-202 — MT Code / Title 2 / Chapter 10 / Part 2 / Section 2-10-202
2-10-202 Legislative findings -- intent
Status: in_force

2-10-202 . Legislative findings -- intent. The legislature finds that the rights to acquire, possess, and protect property under Article II, section 3, of the Montana constitution and the freedom of expression under Article II, section 7, of the Montana constitution also embody the notion of a fundamental right to own and make use of technological tools, including computational resources. Any restrictions placed by the government on the ability to privately own or make use of computational resources for lawful purposes must be limited to those demonstrably necessary and narrowly tailored to fulfill a compelling government interest.
Mont. Code Ann. § 2-15-1029 — MT Code / Title 2 / Chapter 15 / Part 10 / Section 2-15-1029
2-15-1029 Office of state public defender -- head
Status: in_force

2-15-1029 . Office of state public defender -- head. There is an office of state public defender. The head of the office is a director. The director is hired by the director of the department of administration. The director is not subject to confirmation by the senate and may be removed by the director of the department of administration only for cause.
Mont. Code Ann. § 2-15-3305 — MT Code / Title 2 / Chapter 15 / Part 33 / Section 2-15-3305
2-15-3305 Rangeland resources committee
Status: in_force

2-15-3305 . Rangeland resources committee. (1) The governor may select a committee of six members in accordance with subsection (2) that is composed of:

(a) a presiding officer who is a rancher;

(b) a vice presiding officer who is a rancher;

(c) a rancher from the eastern area of the state;

(d) a rancher from the northern area of the state;

(e) a rancher from the area of the state west of the continental divide;

(f) a rancher from the southern area of the state.

(2) The governor shall select the members described in subsection (1) from a list submitted by the executive committee of the association of conservation districts and the board of directors of the Montana association of state grazing districts.

(3) The committee members shall serve without compensation.

(4) All persons appointed to the committee shall serve at the pleasure of the governor.

(5) The committee is allocated to the department for administrative purposes only as provided in 2-15-121 .
Mont. Code Ann. § 2-1-701 — MT Code / Title 2 / Chapter 1 / Part 7 / Section 2-1-701
2-1-701 Prohibition against enforcement of or reliance on requirements or mandates issued by certain intergovernmental entities
Status: in_force

2-1-701 . Prohibition against enforcement of or reliance on requirements or mandates issued by certain intergovernmental entities. (1) The world health organization, the united nations, and the world economic forum have no jurisdiction in this state. The state and its political subdivisions, including but not limited to any county, city, municipal corporation, consolidated city-county, school district, special improvement or taxing district, or other political subdivision or public corporation, or any entity created by agreement between two or more political subdivisions, may not be compelled to engage in the enforcement of, or any collaboration with the enforcement of, any requirements or mandates issued by the world health organization, the united nations, or the world economic forum.

(2) The state and its political subdivisions may not expend public funds or allocate public resources for the enforcement of any requirement or mandates issued by the world health organization, the united nations, or the world economic forum.
Mont. Code Ann. § 2-15-232 — MT Code / Title 2 / Chapter 15 / Part 2 / Section 2-15-232
2-15-232 Duties and assistance
Status: in_force

2-15-232 . Duties and assistance. (1) The coordinator of aging shall, with the advice of the advisory council on aging, assist the governor and the department of public health and human services in planning, coordination, and operation of programs within state government that affect senior citizens of the state.

(2) The coordinator shall meet with senior citizens and the general public to gather information on the needs of senior citizens and the effectiveness of state programs in meeting those needs.

(3) The coordinator shall advise the governor and the director of the department of public health and human services as to ways to improve the effectiveness of programs that affect senior citizens.
Mont. Code Ann. § 2-15-2034 — MT Code / Title 2 / Chapter 15 / Part 20 / Section 2-15-2034
2-15-2034 Sexual assault response network program
Status: in_force

2-15-2034 . Sexual assault response network program. There is a sexual assault response network program in the department of justice. The program, subject to the availability of appropriated funds, consists of the agents and employees of the department whom the attorney general considers necessary and appropriate, including the sexual assault response network program coordinator provided under 44-4-1704 . The program has the duties provided under 44-4-1702 .
Mont. Code Ann. § 2-15-1203 — MT Code / Title 2 / Chapter 15 / Part 12 / Section 2-15-1203
2-15-1203 Assistant adjutant generals
Status: in_force

2-15-1203 . Assistant adjutant generals. (1) The adjutant general shall appoint, with the approval of the governor, an assistant adjutant general for the army national guard to be selected from the active list of the army national guard and an assistant adjutant general for the air national guard to be selected from the active list of the air national guard.

(2) Each assistant adjutant general must have the qualifications set forth in 2-15-1202 for appointment as adjutant general. However, each assistant adjutant general must have the rank of brigadier general.

(3) The assistant adjutant general of the army national guard is the commanding general of the army national guard. The assistant adjutant general of the air national guard is the commanding general of the air national guard.
Mont. Code Ann. § 2-18-901 — MT Code / Title 2 / Chapter 18 / Part 9 / Section 2-18-901
2-18-901 Subrogation rights
Status: in_force

2-18-901 . Subrogation rights. A disability insurance policy subject to this chapter may contain a provision providing that, to the extent necessary for reimbursement of benefits paid to or on behalf of the insured, the insurer is entitled to subrogation, as provided for in 2-18-902 , against a judgment or recovery received by the insured from a third party found liable for a wrongful act or omission that caused the injury necessitating benefit payments.
Mont. Code Ann. § 2-15-1733 — MT Code / Title 2 / Chapter 15 / Part 17 / Section 2-15-1733
2-15-1733 Board of pharmacy
Status: in_force

2-15-1733 . Board of pharmacy. (1) In accordance with 37-1-123 , there is a board of pharmacy.

(2) The board consists of six members:

(a) four pharmacists;

(b) one pharmacy technician; and

(c) one public member.

(3) The board is allocated to the department as prescribed in 2-15-121 .
Mont. Code Ann. § 2-17-135 — MT Code / Title 2 / Chapter 17 / Part 1 / Section 2-17-135
2-17-135 Lease or exchange of historic property
Status: in_force

2-17-135 . Lease or exchange of historic property. (1) A state agency, after consultation with the state historic preservation officer, shall, to the extent practicable, establish and implement alternatives for historic properties, including adaptive uses, that are not needed for current or projected agency purposes. A state agency may lease a historic property owned by the state agency to any person or organization or exchange any property owned by the state agency for comparable historic property if the state agency head determines that the lease or exchange will adequately ensure the preservation of the historic property. If the consent of the board of land commissioners is required for a property exchange, the state agency must receive approval from the board prior to completing an exchange.

(2) The proceeds of any lease under subsection (1) may be retained by the state agency entering into the lease and used to defray the costs of administration, maintenance, repair, and related expenses incurred by the state agency with respect to the property or other historic properties that are owned by, or are under the jurisdiction or control of, the state agency. Any surplus proceeds from the leases must be deposited into the appropriate fund at the end of the fiscal year in which the proceeds were received.

(3) The head of a state agency with responsibility for the management of a historic property may, after consultation with the state historic preservation officer, enter into contracts for the management of the property. A contract must contain terms and conditions that the head of the state agency considers necessary or appropriate to protect the interests of the state and ensure adequate preservation of the historic property.

(4) As used in this section, "state agency" means a department, board, commission, office, bureau, or other public authority of state government.
Mont. Code Ann. § 2-7-511 — MT Code / Title 2 / Chapter 7 / Part 5 / Section 2-7-511
2-7-511 Access to public accounts -- suspension of officer in case of discrepancy
Status: in_force

2-7-511 . Access to public accounts -- suspension of officer in case of discrepancy. (1) The independent auditor may count the cash, verify the bank accounts, and verify all accounts of a public officer whose accounts the independent auditor is examining under law.

(2) If an officer of any county, city, town, school, or other local government entity refuses to provide the independent auditor access during an audit of the officer's accounts to cash, bank accounts, or any of the papers, vouchers, or records of that office or if the independent auditor finds a shortage of cash, the independent auditor shall immediately file a preliminary report showing the refusal of that officer or the existence of the shortage and the approximate amount of the shortage with the respective county, city, or town attorney and the governing body of the local government entity.

(3) Upon filing of the statement, the officer of the local government entity shall after notice and the opportunity for a hearing be suspended from the duties and emoluments of office and the governing body of the local government entity shall appoint a qualified person to the office pending completion of the audit.

(4) Upon the completion of the audit by the independent auditor, if a shortage of cash existed in the accounts of the officer, the independent auditor shall notify the governing body of the local government entity of the shortage.

(5) If the governing body finds that a shortage exists and that the officer suspended is, by act or omission, responsible for the shortage, the officer's right to the office is forfeited and the report of the audit must be referred to the county attorney.
Mont. Code Ann. § 2-9-603 — MT Code / Title 2 / Chapter 9 / Part 6 / Section 2-9-603
2-9-603 Purchase
Status: in_force

2-9-603 . Purchase. (1) The department of administration shall purchase all surety bonds for state officers and employees.

(2) All bonds shall be purchased by competitive bid.

(3) Bonds purchased by the department of administration shall be executed by responsible insurance or surety companies admitted and authorized to execute surety bonds in this state.
Mont. Code Ann. § 2-2-145 — MT Code / Title 2 / Chapter 2 / Part 1 / Section 2-2-145
2-2-145 Retaliation unlawful -- civil liability -- remedies -- statute of limitations -- definitions
Status: in_force

2-2-145 . Retaliation unlawful -- civil liability -- remedies -- statute of limitations -- definitions. (1) It is unlawful for a state agency, state officer, public officer, or public employee to retaliate against, or to condone or threaten retaliation against, an individual who, in good faith, alleges waste, fraud, or abuse.

(2) A person who violates a provision of this section is liable in a civil action in a court of competent jurisdiction. The provisions of 2-9-305 apply if the person is being sued in a civil action for actions taken within the course and scope of the person's employment and the person is a state officer, public officer, or public employee.

(3) For purposes of this section:

(a) "person" has the meaning provided in 2-5-103 ;

(b) "retaliate" means to take any of the following actions against an individual because the individual, in good faith, alleged waste, fraud, or abuse:

(i) terminate employment;

(ii) demote;

(iii) deny overtime, benefits, or promotion;

(iv) discipline;

(v) decline to hire or rehire;

(vi) threaten or intimidate;

(vii) reassign to a position that hurts future career prospects;

(viii) reduce pay, work hours, or benefits; or

(ix) take another adverse personnel action; and

(c) "state agency" has the meaning provided in 1-2-116 .

(4) Remedies available to an aggrieved individual for a violation may include:

(a) reinstatement to a lost position;

(b) compensation for lost benefits, including service credit;

(c) compensation for lost wages;

(d) payment of reasonable attorney fees;

(e) payment of court costs;

(f) injunctive relief; and

(g) compensatory damages.

(5) A lawsuit alleging a violation of this section must be brought within 2 years of the alleged violation.

(6) If a state agency maintains written internal procedures under which an individual may appeal an action described in subsection (3)(b) within the agency's organizational structure, the individual shall first exhaust those procedures before filing an action under this section. The individual's failure to initiate or exhaust available internal procedures is a defense to an action brought under this section.

(7) For purposes of this subsection, if the state agency's internal procedures are not completed within 90 days from the date the individual may file an action under this section, the agency's internal procedures are considered exhausted. The limitation period in subsection (5) is tolled until the procedures are exhausted. The provisions of the agency's internal procedures may not in any case extend the limitation period in subsection (5) more than 240 days.

(8) If the state agency maintains written internal procedures described in subsection (6), the agency shall, within 7 days of receiving written notice from the complaining individual of the action described in subsection (3)(b), notify the individual of the existence of the written procedures and supply the individual with a copy. If the agency fails to comply with this subsection, the individual is relieved from compliance with subsection (6).

(9) The commissioner of political practices is not required or authorized to enforce this section.
Mont. Code Ann. § 2-15-1757 — MT Code / Title 2 / Chapter 15 / Part 17 / Section 2-15-1757
2-15-1757 Board of realty regulation
Status: in_force

2-15-1757 . Board of realty regulation. (1) In accordance with 37-1-123 , there is a board of realty regulation.

(2) The board consists of five members:

(a) four real estate brokers or salespeople; and

(b) one public member.

(3) The board is allocated to the department as prescribed in 2-15-121 .
Mont. Code Ann. § 2-15-1902 — MT Code / Title 2 / Chapter 15 / Part 19 / Section 2-15-1902
2-15-1902 Insurance department
Status: in_force

2-15-1902 . Insurance department. (1) There is an insurance department of this state which shall be located in or convenient to the office occupied by the state auditor.

(2) The insurance department shall be under the control and supervision of the commissioner.

(3) Funds adequate for the maintenance and operation of the insurance department shall be expressly appropriated by the legislature and shall be used solely for the purposes for which so appropriated.
Mont. Code Ann. § 2-18-812 — MT Code / Title 2 / Chapter 18 / Part 8 / Section 2-18-812
2-18-812 Alternatives to conventional insurance for providing state employee group benefits authorized -- requirements
Status: in_force

2-18-812 . Alternatives to conventional insurance for providing state employee group benefits authorized -- requirements. The department may establish alternatives to conventional insurance for providing state employee group benefits. The requirements for providing alternatives to conventional insurance are as follows:

(1) The department shall maintain state employee group benefit plans on an actuarially sound basis.

(2) The department shall maintain reserves sufficient to liquidate the unrevealed claims liability and other liabilities of state employee group benefit plans.

(3) The department shall deposit all reserve funds and premiums paid to a state employee group benefit plan account within the state self-insurance reserve fund, and the deposits must be expended for claims under the plan.

(4) The department shall deposit income earned from the investment of a state employee group benefit plan's reserve fund into the account established under subsection (3) in order to offset the costs of administering the plan.

(5) The department shall deposit into the account provided for in subsection (3) all portions of a state employee's salary designated by the employee to be withheld for the purposes of flexible spending account benefits. Income earned on the deposits must be retained within the account and used for the purposes provided in this subsection. The money deposited and income earned on the deposits must be used for:

(a) payment of claims made by the employee;

(b) payment of reasonable costs of administration of the flexible spending account program;

(c) offsetting losses of the flexible spending account program; and

(d) reducing administration fees collected from participants in the program.

(6) The department shall, prior to implementation of any alternative to conventional insurance, present to the advisory council the evidence upon which the department has concluded that the alternative method will be more efficient, less costly, or otherwise superior to contracting for conventional insurance.

(7) Except as otherwise provided in Title 33, chapter 18, part 9, the provisions of Title 33 do not apply to the department when exercising the powers and duties provided for in this section.
Mont. Code Ann. § 2-15-2501 — MT Code / Title 2 / Chapter 15 / Part 25 / Section 2-15-2501
2-15-2501 Department of transportation -- head
Status: in_force

2-15-2501 . Department of transportation -- head. There is a department of transportation. The department head is the director of transportation appointed by the governor in accordance with 2-15-111 . The department may have as many divisions as are necessary.
Mont. Code Ann. § 2-16-213 — MT Code / Title 2 / Chapter 16 / Part 2 / Section 2-16-213
2-16-213 Term of office -- holdover -- assumption of office
Status: in_force

2-16-213 . Term of office -- holdover -- assumption of office. (1) An office for which the duration is not fixed by law is held at the pleasure of the appointing authority.

(2) An officer shall continue to discharge the duties of the office, although the term has expired, until a successor has qualified.

(3) Notwithstanding the provisions of subsection (2), an appointee who is by law subject to confirmation by the senate may, upon expiration of or vacancy in the previous term, assume the office to which appointed and is a de jure officer even though the senate has not yet confirmed the appointment. If the senate rejects the appointment, the office becomes vacant.
Mont. Code Ann. § 2-2-304 — MT Code / Title 2 / Chapter 2 / Part 3 / Section 2-2-304
2-2-304 Penalty for violation of nepotism law
Status: in_force

2-2-304 . Penalty for violation of nepotism law. A public officer or employee or a member of any board, bureau, or commission of this state or any political subdivision who, by virtue of the person's office, has the right to make or appoint any person to render services to this state or any subdivision of this state and who makes or appoints a person to the services or enters into any agreement or promise with any other person or employee or any member of any board, bureau, or commission of any other department of this state or any of its subdivisions to appoint to any position any person or persons related to the person making the appointment or connected with the person making the appointment by consanguinity within the fourth degree or by affinity within the second degree is guilty of a misdemeanor and upon conviction shall be punished by a fine not less than $50 or more than $1,000, by imprisonment in the county jail for not more than 6 months, or both.
Mont. Code Ann. § 2-2-122 — MT Code / Title 2 / Chapter 2 / Part 1 / Section 2-2-122
2-2-122 Use of public resources for political purposes
Status: in_force

2-2-122 . Use of public resources for political purposes. (1) Except as provided in this section, a judicial officer, public officer, legislator, or public employee may not use or permit the use of public time, facilities, equipment, state letterhead, supplies, personnel, or funds to solicit support for or opposition to any political committee, the nomination or election of any person to public office, or the passage of a ballot issue unless the use is:

(a) authorized by law;

(b) properly incidental to another activity required or authorized by law, such as the function of a judicial officer, public officer, legislator, or public employee in the normal course of duties; or

(c) reasonably considered to be also available to the public.

(2) As used in subsection (1), "properly incidental to another activity required or authorized by law" does not include any activities related to solicitation of support for or opposition to the nomination or election of a person to public office or political committees organized to support or oppose a candidate or candidates for public office. With respect to ballot issues, properly incidental activities are restricted to:

(a) the activities of a judicial officer, public officer, legislator, or public employee related to determining the impact of passage or failure of a ballot issue on state or local government operations;

(b) in the case of a school district, as defined in Title 20, chapter 6, compliance with the requirements of law governing public meetings of the local board of trustees, including the resulting dissemination of information by a board of trustees or a school superintendent or a designated employee in a district with no superintendent in support of or opposition to a bond issue or levy submitted to the electors. Public funds may not be expended for any form of commercial advertising in support of or opposition to a bond issue or levy submitted to the electors;

(c) the activities of personal staff of legislative leadership who are exempt as provided in 2-18-104 , related to assisting legislators in expressing opinions on a statewide ballot issue involving an initiative, referendum, or constitutional amendment.

(3) It is a properly incidental activity for personal staff of legislative leadership who are exempt as provided in 2-18-104 to support nonelection political caucus activity involving legislative business in the normal course of duties as directed by legislative leadership.

(4) Subsection (1) is not intended to restrict the right of a judicial officer, public officer, legislator, or public employee to express personal political views.

(5) (a) If the public officer or public employee is a Montana highway patrol chief or highway patrol officer appointed under Title 44, chapter 1, the term "equipment" as used in subsection (1) includes the chief's or officer's official highway patrol uniform.

(b) A Montana highway patrol chief's or highway patrol officer's title may not be referred to in the solicitation of support for or opposition to any political committee, the nomination or election of any person to public office, or the passage of a ballot issue.

(6) A judicial officer, public officer, legislator, or public employee that violates this section may also be prosecuted by the appropriate county attorney for official misconduct as specified in 45-7-401 .

(7) Legislators are allowed limited use of public time, facilities, equipment, state letterhead, supplies, and personnel to:

(a) respond to inquiries or comments from the public, media, or government agencies;

(b) express opinions in any media or platform, including online and on social media; and

(c) publicly support or oppose statewide ballot issues or the nomination of a person to a public office.
Mont. Code Ann. § 2-7-515 — MT Code / Title 2 / Chapter 7 / Part 5 / Section 2-7-515
2-7-515 Actions by governing bodies
Status: in_force

2-7-515 . Actions by governing bodies. (1) Upon receipt of the audit report, the governing bodies of each audited local government entity shall review the contents and within 30 days shall submit to the department a corrective action plan detailing what action or actions they plan to take on any findings or recommendations contained in the audit report. If no findings or recommendations appear in the audit report, notification is not required. If the local government entity is a school district, the local government entity shall also send a copy of the corrective action plan to the superintendent of public instruction.

(2) Notification to the department shall include a statement by the governing bodies that noted findings or recommendations for improvement have been acted on by adoption as recommended, adoption with modification, or rejection.

(3) Within 30 days of receipt of the corrective action plan, the department shall notify the entity of the acceptance or rejection of the corrective measures. If the department and the local government entity fail to agree on the corrective measures, a conference between the parties must be held within 30 days of the department's decision not to accept the local government entity's corrective measures. Failure to resolve significant findings or implement corrective measures must result in the withholding of financial assistance in accordance with rules adopted by the department pending resolution or compliance.

(4) In cases where a violation of law or nonperformance of duty is found on the part of an officer, employee, or board, the officer, employee, or board must be proceeded against by the attorney general or county, city, or town attorney as provided by law. If a written request to do so is received from the department, the county, city, or town attorney shall report the proceedings instituted or to be instituted, relating to the violations of law and nonperformance of duty, to the department within 30 days after receiving the request. If the county, city, or town attorney fails or refuses to prosecute the case, the department shall refer the case to the attorney general to prosecute the case at the expense of the local government entity.
Mont. Code Ann. § 2-8-501 — MT Code / Title 2 / Chapter 8 / Part 5 / Section 2-8-501
2-8-501 Letter of intent required to create new exemption
Status: in_force

2-8-501 . Letter of intent required to create new exemption. (1) A bill draft request to create and list an additional exemption under Title 39, chapter 71, must include a letter of intent not exceeding 1,000 words that addresses the criteria in subsection (2).

(2) The letter of intent must contain a good faith effort to provide the following:

(a) an estimate of the number of employees statewide who would become exempt from coverage under the Workers' Compensation Act;

(b) an estimate of the number of employers statewide who would no longer be required to provide workers' compensation coverage to the exempt workers;

(c) an analysis of which entity would become responsible for the costs of injury;

(d) an analysis of the change in potential liability to an employer if an exempt employee is injured;

(e) an estimate of the reduction in total state payroll for the occupation for which the exemption is being requested; and

(f) an explanation of the possible social costs of allowing the exemption.

(3) The legislative fiscal analyst shall provide to the bill draft requester an independent assessment of the letter of intent.

(4) The department of labor and industry shall provide an independent assessment of the letter of intent regarding information that is within the expertise of that department.

(5) For the purposes of this section, a letter of intent is a public record.

(6) A bill draft request submitted without this letter of intent may not be processed for introduction to the legislature.
Mont. Code Ann. § 2-15-3007 — MT Code / Title 2 / Chapter 15 / Part 30 / Section 2-15-3007
2-15-3007 Montana pulse crop committee
Status: in_force

2-15-3007 . Montana pulse crop committee. (1) There is a Montana pulse crop committee.

(2) The committee consists of five voting members and three ex officio nonvoting members who are actively involved in the production, research, or marketing of pulse crops.

(3) The governor shall appoint:

(a) two members from an eastern district consisting of Carter, Custer, Daniels, Dawson, Fallon, Garfield, McCone, Powder River, Prairie, Richland, Roosevelt, Rosebud, Sheridan, Valley, and Wibaux Counties;

(b) one member from a western district consisting of the remaining counties of the state; and

(c) two at-large members, who may be from either district.

(4) The ex officio members are:

(a) the director of the department of agriculture;

(b) the dean of agriculture of Montana state university-Bozeman; and

(c) a representative of the pulse industry who is appointed by the governor and operates a collection facility that purchases pulses in Montana.

(5) (a) Agricultural groups with an interest in the production and marketing of pulses may submit to the governor a list of nominees for appointment not more than 90 days or less than 30 days before the expiration of a member's term.

(b) Appointments must be made from the individuals nominated. If too few individuals are nominated to fill the available positions, the governor may appoint any pulse producer from the district where the vacancy exists.

(6) The appointed members shall serve staggered terms of 3 years that expire on June 30. A member may not serve more than three consecutive 3-year terms.

(7) Each appointed member must be a Montana resident, derive a substantial portion of the member's income from growing pulse crops in the state, and have a farming operation in the district from which the member was appointed.

(8) A member may be removed by the governor, after a full public hearing before the governor, for malfeasance, misfeasance, or neglect of duty. Removal proceedings may not be started except upon written charges duly verified by the governor. The member must be given a copy of the written charges at least 10 days in advance of the hearing. At the hearing, the member may be represented by an attorney and may present witnesses on the member's behalf.

(9) A member who no longer resides in the state or in the district from which the member was appointed or who no longer grows pulse crops in the state or district is disqualified from membership, and the office becomes vacant. A member's refusal to recognize the member's disqualification is cause for removal.

(10) The committee is allocated to the department for administrative purposes only as provided in 2-15-121 .
Mont. Code Ann. § 2-17-108 — MT Code / Title 2 / Chapter 17 / Part 1 / Section 2-17-108
2-17-108 Allocation of legislative space
Status: reserved

2-17-108 . Allocation of legislative space. (1) (a) Legislative space in the capitol and on the capitol complex may not be reduced without the consent of the legislature. The control of the rooms, committee hearing rooms, and offices for legislators and session and exempt legislative staff may not be changed without the permission of the speaker of the house of representatives, the minority leader of the house, the president of the senate, and the minority leader of the senate.

(b) From December 1 in an even-numbered year through the 7th day after sine die of a session the:

(i) president of the senate shall allocate and reserve parking spaces in the capitol south lower lot for members of the senate; and

(ii) speaker of the house of representatives shall allocate and reserve parking spaces in the capitol north circle lot for members of the house of representatives.

(2) (a) During the interim between legislative sessions from the day after sine die of a session through December 1 in an even-numbered year, the legislative services division, under the direction of legislative council in consultation with the legislative audit committee and the legislative finance committee, shall schedule and reserve legislative committee hearing rooms.

(b) During the interim between legislative sessions from the 7th day after sine die of a session through December 1 in an even-numbered year, the legislative services division, under the direction of legislative council may allocate up to 30 reserved parking spaces in the capitol north circle lot or the capitol south lower lot for the legislature. At the request of the legislative council, the department shall place permanent reserved signs on the allocated parking spaces.

(3) (a) There are:

(i) five permanent year-round parking spaces in the Capitol south oval lot reserved as legislative parking space, consisting of three spaces allocated to legislative branch division directors, one space allocated for the house representatives, and one space allocated by the legislative services division for the legislative branch;

(ii) seven permanent year-round parking spaces in the capitol south lower lot reserved as legislative parking space allocated to senate leadership, the secretary of the senate, the clerk of the house, the senate sergeant at arms, and the house sergeant at arms;

(iii) four permanent year-round parking spaces in the capitol north circle lot reserved as legislative parking space allocated by the speaker of the house for house leadership; and

(iv) except as provided for in subsection (3)(b), 10 permanent year-round parking spaces on the south side capitol north circle lot adjacent to the capitol building reserved as executive branch space.

(b) From December 1 in an even-numbered year through the 7th day after sine die of a session, one of the executive branch parking spaces provided for in subsection (3)(a)(iv) that is occupied by the secretary of state must revert to the speaker of the house of representatives.

(4) (a) Upon completion of the relocation of the legislative audit division out of the capitol as provided under 2-17-805(6) , the legislative council with the concurrence of the legislative audit committee and the legislative finance committee shall allocate office space for five contiguous offices on the first floor of the capitol to the legislative audit division.

(b) If the allocated office space in subsection (4)(a) displaces existing office space for legislative fiscal division or legislative services division staff, the legislative council with the concurrence of legislative audit committee and the legislative finance committee shall allocate the equivalent office space for the displaced legislative fiscal division or legislative services division staff on the first floor of the capitol.
Mont. Code Ann. § 2-15-1508 — MT Code / Title 2 / Chapter 15 / Part 15 / Section 2-15-1508
2-15-1508 Appointments to board of public education and board of regents -- conditions -- vacancy
Status: reserved

2-15-1508 . Appointments to board of public education and board of regents -- conditions -- vacancy. (1) Appointments to the board of public education and to the board of regents are subject to the following qualifications:

(a) Not more than four may be from one district provided for in 2-15-156 .

(b) Not more than four may be affiliated with the same political party.

(c) The terms of members appointed to each board are 7 years except as provided in subsection (3).

(d) When a vacancy occurs, the governor shall appoint a member for the remainder of the term of the incumbent, and the appointment must preserve the balance required by subsections (1)(a) and (1)(b).

(e) A person may not be appointed to concurrent memberships on the board of public education and the board of regents.

(2) An appointed member of either board shall take and subscribe to the constitutional oath of office and file it with the secretary of state before the person may serve as a member of either board.

(3) (a) One seat of the appointed members on the board of regents is reserved for membership by a student appointed by the governor. The student must be registered as a full-time student at a unit of higher education under jurisdiction of the board of regents. The length of term of the student member is 1 year. The term begins July 1 and ends June 30. The student regent may be reappointed to succeeding terms subject to subsection (3)(b). The provisions of subsections (1)(a) and (1)(b) do not apply to the student member and may not affect the balance of the remaining appointive membership on the board of regents.

(b) The governor shall appoint the student provided for in subsection (3)(a) based upon a nomination provided by a student organization designated by the board of regents. The student organization shall nominate no fewer than three qualified students. If the governor finds that none of the students nominated are acceptable, the governor may request a new slate of nominees. Nominations must be forwarded to the governor in March immediately preceding the end of a regular term, and the governor shall make the appointment before the end of the succeeding June. In the event of a vacancy, a replacement must be appointed as soon as is practicable and in the same manner as the original appointment.
Mont. Code Ann. § 2-4-631 — MT Code / Title 2 / Chapter 4 / Part 6 / Section 2-4-631
2-4-631 Licenses
Status: in_force

2-4-631 . Licenses. (1) When the grant, denial, renewal, revocation, suspension, annulment, withdrawal, limitation, transfer, or amendment of a license is required by law to be preceded by notice and opportunity for hearing, the provisions of this chapter concerning contested cases apply.

(2) When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license does not expire until the application has been finally determined by the agency and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.

(3) Whenever notice is required, no revocation, suspension, annulment, withdrawal, or amendment of any license is lawful unless the agency gave notice by mail to the licensee of facts or conduct which warrant the intended action. If the agency finds that public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.
Mont. Code Ann. § 2-3-201 — MT Code / Title 2 / Chapter 3 / Part 2 / Section 2-3-201
2-3-201 Legislative intent -- liberal construction
Status: in_force

2-3-201 . Legislative intent -- liberal construction. The legislature finds and declares that public boards, commissions, councils, and other public agencies in this state exist to aid in the conduct of the peoples' business. It is the intent of this part that actions and deliberations of all public agencies shall be conducted openly. The people of the state do not wish to abdicate their sovereignty to the agencies which serve them. Toward these ends, the provisions of the part shall be liberally construed.
Mont. Code Ann. § 2-18-702 — MT Code / Title 2 / Chapter 18 / Part 7 / Section 2-18-702
2-18-702 Group insurance for public employees and officers
Status: in_force

2-18-702 . Group insurance for public employees and officers. (1) (a) Except as provided in subsection (1)(c), all counties, cities, towns, school districts, and the board of regents shall upon approval by two-thirds vote of their respective officers and employees enter into group hospitalization, medical, health, including long-term disability, accident, or group life insurance contracts or plans for the benefit of their officers and employees and their dependents. The laws prohibiting discrimination on the basis of marital status in Title 49 do not prohibit bona fide group insurance plans from providing greater or additional contributions for insurance benefits to employees with dependents than to employees without dependents or with fewer dependents.

(b) The governing body of a county, city, or town may, at its discretion, consider the employees of private, nonprofit economic development organizations, hospitals, health centers, or nursing homes to be employees of the county, city, or town solely for the purpose of participation in group hospitalization, medical, health, including long-term disability, accident, or group life insurance contracts or plans as provided in subsection (1)(a). The governing body of the county, city, or town may require an employee, organization, hospital, health center, or nursing home to pay the actual cost of coverage required for participation or may, at its discretion and subject to any restriction on who may be a member of a group, pay all or part of the cost of coverage of the employee of the organization.

(c) The governing body of a county having a taxable valuation of less than $30 million or the board of trustees of a hospital district may, at its discretion, exempt employees of a county hospital, county rest home or nursing home, or hospital district from participation in group hospitalization, medical, health, including long-term disability, accident, or group life insurance contracts or plans provided pursuant to subsection (1)(a) or (1)(b).

(2) State employees and elected officials, as defined in 2-18-701 , may participate in state employee group benefit plans as are provided for under part 8 of this chapter.

(3) For state officers and employees, the premiums required from time to time to maintain the insurance in force must be paid by the insured officers and employees, and the state treasurer shall deduct the premiums from the salary or wages of each officer or employee who elects to become insured, on the officer's or employee's written order, and issue a warrant for the premiums to the insurer.

(4) For the purpose of this section, the plans of health service corporations for defraying or assuming the cost of professional services of licensees in the field of health or the services of hospitals, clinics, or sanitariums or both professional and hospital services must be construed as group insurance and the dues payable under the plans must be construed as premiums for group insurance.

(5) If the board of trustees of a school district implements a self-insured group health plan or if the board of regents implements an alternative to conventional insurance to provide group benefits to its employees, the board shall maintain the alternative plan on an actuarially sound basis.
Mont. Code Ann. § 2-15-302 — MT Code / Title 2 / Chapter 15 / Part 3 / Section 2-15-302
2-15-302 Powers and duties of lieutenant governor
Status: in_force

2-15-302 . Powers and duties of lieutenant governor. (1) The lieutenant governor may:

(a) prescribe rules for the administration of the office;

(b) hire personnel for the office and establish policy to be followed by the personnel; and

(c) compile and submit a budget for the office.

(2) The lieutenant governor shall perform the duties provided by law and those delegated to the lieutenant governor by the governor.
Mont. Code Ann. § 2-18-820 — MT Code / Title 2 / Chapter 18 / Part 8 / Section 2-18-820
2-18-820 Continuation of health insurance for legislators
Status: in_force

2-18-820 . Continuation of health insurance for legislators. A legislator who is involuntarily terminated from performing service in either house of the legislature because of term limits is entitled to remain covered by the state's group health insurance plan and to the continuation of the employer's contributions to the employee's group health insurance plan for up to 6 months from the last day of the legislator's final term of office in that house. The provisions of this section are in addition to the rights and benefits provided under 2-18-704 and do not affect the right of a legislator to remain on the group health insurance plan after 6 months if the legislator is otherwise eligible under 2-18-704 to remain covered.
Mont. Code Ann. § 2-18-1102 — MT Code / Title 2 / Chapter 18 / Part 11 / Section 2-18-1102
2-18-1102 Creation of program
Status: in_force

2-18-1102 . Creation of program. The department shall develop a statewide employee incentive award program to appropriately recognize and monetarily reward individual state employees and groups or teams of employees for documented innovations that contribute to the efficiency, economy, or other improvement of state government by reducing the costs or improving the effectiveness of governmental operations.
Mont. Code Ann. § 2-15-2505 — MT Code / Title 2 / Chapter 15 / Part 25 / Section 2-15-2505
2-15-2505 Purpose
Status: in_force

2-15-2505 . Purpose. (1) The legislature intends, through the creation of a department of transportation within the executive branch of state government, to:

(a) provide the means to plan for the present and future transportation needs of the citizens of Montana;

(b) assure that transportation remains a viable element in the private sector of the economy; and

(c) provide energy-efficient and ecologically compatible transportation services with optimum efficiency, effectiveness, and economy.

(2) It is the policy of the state of Montana that adequate, safe, and efficient transportation facilities and services of all modes are essential to the economic growth of the state and the well-being of its people and that the planning and development of those facilities and services be coordinated by a department of transportation that has overall responsibility for balanced transportation policy and planning.
Mont. Code Ann. § 2-4-101 — MT Code / Title 2 / Chapter 4 / Part 1 / Section 2-4-101
2-4-101 Short title -- purpose -- exception
Status: in_force

2-4-101 . Short title -- purpose -- exception. (1) This chapter is known and may be cited as the "Montana Administrative Procedure Act".

(2) The purposes of the Montana Administrative Procedure Act are to:

(a) generally give notice to the public of governmental action and to provide for public participation in that action;

(b) establish general uniformity and due process safeguards in agency rulemaking, legislative review of rules, and contested case proceedings;

(c) establish standards for judicial review of agency rules and final agency decisions; and

(d) provide the executive and judicial branches of government with statutory directives.

(3) Effective July 1, 2016, this chapter does not apply to the operations of the state compensation insurance fund provided for in Title 39, chapter 71, part 23. Administrative rules adopted by the state fund board of directors prior to July 1, 2016, apply to new and renewal policies issued by the state fund that are effective prior to July 1, 2016. The state fund is subject to rules adopted by any agency that by law apply to the state fund.
Mont. Code Ann. § 2-4-303 — MT Code / Title 2 / Chapter 4 / Part 3 / Section 2-4-303
2-4-303 Emergency or temporary rules
Status: in_force

2-4-303 . Emergency or temporary rules. (1) (a) If an agency finds that an imminent peril to the public health, safety, or welfare requires adoption of a rule upon fewer than 30 days' notice and states in writing its reasons for that finding, it may proceed upon special notice filed with the committee, without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable, to adopt an emergency rule. The rule may be effective for a period not longer than 120 days, after which a new emergency rule with the same or substantially the same text may not be adopted, but the adoption of an identical rule under 2-4-302 is not precluded. Because the exercise of emergency rulemaking power precludes the people's constitutional right to prior notice and participation in the operations of their government, it constitutes the exercise of extraordinary power requiring extraordinary safeguards against abuse. An emergency rule may be adopted only in circumstances that truly and clearly constitute an existing imminent peril to the public health, safety, or welfare that cannot be averted or remedied by any other administrative act. The sufficiency of the reasons for a finding of imminent peril to the public health, safety, or welfare is subject to judicial review upon petition by any person. The matter must be set for hearing at the earliest possible time and takes precedence over all other matters except older matters of the same character. The sufficiency of the reasons justifying a finding of imminent peril and the necessity for emergency rulemaking must be compelling and, as written in the rule adoption notice, must stand on their own merits for purposes of judicial review. The dissemination of emergency rules required by 2-4-306 must be strictly observed and liberally accomplished.

(b) An emergency rule may not be used to implement an administrative budget reduction.

(c) (i) For the purposes of this subsection (1), "special notice" means written notice to each member of the committee and each member of the committee staff using expedient means, such as electronic mail. The special notice must include:

(A) the agency's reasons for its findings of imminent peril to the public health, safety, or welfare;

(B) the text of the proposed emergency rule or an overview of the rule's substantive changes; and

(C) the estimated date of adoption.

(ii) Prior to adoption of an emergency rule, the agency shall make a good faith effort to provide special notice to each committee member and each member of the committee staff. The adoption notice of the emergency rule must state the date on which and the manner in which written contact was made or attempted with each person required under this subsection (1). If the adoption notice fails to state the date on which and the manner in which written contact was made or attempted for each person required under this subsection (1), the adoption of the emergency rule is ineffective for the purposes of this part.

(2) A statute enacted or amended to be effective prior to October 1 of the year of enactment or amendment may be implemented by a temporary administrative rule, adopted before October 1 of that year, upon any abbreviated notice or hearing that the agency finds practicable, but the rule may not be filed with the secretary of state until at least 30 days have passed since publication of the notice of proposal to adopt the rule. The temporary rule is effective until October 1 of the year of adoption. The adoption of an identical rule under 2-4-302 is not precluded during the period that the temporary rule is effective.
Mont. Code Ann. § 2-18-101 — MT Code / Title 2 / Chapter 18 / Part 1 / Section 2-18-101
2-18-101 Definitions
Status: in_force

2-18-101 . Definitions. As used in parts 1 through 3 and part 10 of this chapter, the following definitions apply:

(1) "Agency" means a department, board, commission, office, bureau, institution, or unit of state government recognized in the state budget.

(2) "Base salary" means the base hourly pay rate annualized paid to an employee, excluding overtime and longevity.

(3) "Benchmark" means a representative position in a specific occupation that is used to illustrate the application of the job evaluation factor used to classify the occupation.

(4) "Blue-collar pay plan" means a strictly negotiated classification and pay plan consisting of unskilled or skilled labor, trades, and crafts occupations.

(5) "Board" means the board of personnel appeals established in 2-15-1705 .

(6) "Broadband classification plan" means a job evaluation method that measures the difficulty of the work and the knowledge or skills required to perform the work.

(7) "Broadband pay plan" means a pay plan using a pay hierarchy of broad pay bands based on a classification plan, including market midpoint and occupational wage ranges.

(8) "Compensation" means the annual or hourly wage or salary and includes the longevity allowance provided in 2-18-304 and leave and holiday benefits provided in part 6 of this chapter.

(9) "Competencies" means sets of measurable and observable knowledge, skills, and behaviors that contribute to success in a position.

(10) "Department" means the department of administration created in 2-15-1001 .

(11) (a) Except in 2-18-306 , "employee" means any state employee other than an employee excepted under 2-18-103 or 2-18-104 .

(b) The term does not include a student intern.

(12) "Job evaluation factor" means a measure of the complexities of the predominant duties of a position.

(13) "Job sharing" means the sharing by two or more persons of a position.

(14) "Market midpoint" means the median base salary that other employers pay to employees in comparable occupations as determined by the department's salary survey of the relevant labor market.

(15) "Occupation" means a generalized family of positions having substantially similar duties and requiring similar qualifications, education, and experience.

(16) "Occupational wage range" means a range of pay, including a minimum, market midpoint, and maximum salary, for a specific occupation that is most consistent with the pay being offered by competing employers for fully competent employees within that occupation. The salary for an employee may be less than the minimum salary.

(17) "Pay band" means a wide salary range covering a number of different occupations. Pay bands are used for reporting and analysis purposes only.

(18) "Pay progression" means a process by which an employee's compensation may be increased, based on documented factors determined by the department, to bring the employee's compensation to a higher rate within the occupational wage range of the employee.

(19) "Permanent employee" means an employee who is designated by an agency as permanent, who was hired through a competitive selection process unless excepted from the competitive process by law, and who has attained or is eligible to attain permanent status.

(20) "Permanent status" means the state an employee attains after satisfactorily completing an appropriate probationary period.

(21) "Personal staff" means those positions occupied by employees appointed by the elected officials enumerated in Article VI, section 1, of the Montana constitution or by the public service commission as a whole, by each director appointed by the governor as provided in 2-15-111 (1), or by each division administrator, or equivalent, appointed by the elected officials enumerated in Article VI, section 1, of the Montana constitution.

(22) "Position" means a collection of duties and responsibilities currently assigned or delegated by competent authority, requiring the full-time, part-time, or intermittent employment of one person.

(23) "Program" means a combination of planned efforts to provide a service.

(24) "Seasonal employee" means a permanent employee who is designated by an agency as seasonal, who performs duties interrupted by the seasons, and who may be recalled without the loss of rights or benefits accrued during the preceding season.

(25) "Short-term worker" means a person who:

(a) may be hired by an agency without using a competitive hiring process for an hourly wage established by the agency;

(b) may not work for the agency for more than 90 days in a continuous 12-month period;

(c) is not eligible for permanent status;

(d) may not be hired into a permanent position by the agency without a competitive selection process;

(e) is not eligible to earn the leave and holiday benefits provided in part 6 of this chapter; and

(f) may be discharged without cause.

(26) "Student intern" means a person who:

(a) has been accepted in or is currently enrolled in an accredited school, college, or university and may be hired by an agency in a student intern position without using a competitive selection process;

(b) is not eligible for permanent status;

(c) is not eligible to become a permanent employee without a competitive selection process;

(d) must be covered by the hiring agency's workers' compensation insurance;

(e) is not eligible to earn the leave and holiday benefits provided for in part 6 of this chapter; and

(f) may be discharged without cause.

(27) (a) "Telework" means a flexible work arrangement in which a designated employee may work from:

(i) home within the state of Montana or an alternative worksite within the state of Montana 1 or more days a week instead of physically traveling to a central workplace; or

(ii) an alternative worksite outside the state of Montana limited to:

(A) employees who are mental health professionals as defined in 27-1-1101 involved in psychological or psychiatric evaluations and treatment;

(B) employees engaged in providing services related to information technology resources as defined in 2-17-506 ;

(C) employees who are medical professionals involved in medical evaluations and treatment;

(D) employees who are engaged in providing services related to economic development outside the state and whose work duties require the employees to reside out of state; or

(E) employees who are associates or fellows of the casualty actuarial society or society of actuaries.

(b) The office of budget and program planning must approve a designated employee's alternative worksite outside the state of Montana before the employee begins work.

(28) "Temporary employee" means an employee who:

(a) is designated as temporary by an agency for a definite period of time not to exceed 12 months;

(b) performs duties on a temporary basis;

(c) is not eligible for permanent status;

(d) is terminated at the end of the employment period; and

(e) is not eligible to become a permanent employee without a competitive selection process.
Mont. Code Ann. § 2-15-124 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-124
2-15-124 Quasi-judicial boards
Status: in_force

2-15-124 . Quasi-judicial boards. If an agency is designated by law as a quasi-judicial board for the purposes of this section, the following requirements apply:

(1) The number of and qualifications of its members are as prescribed by law.

(2) The governor shall appoint the members. A majority of the members must be appointed to serve for terms concurrent with the gubernatorial term and until their successors are appointed. The remaining members must be appointed to serve for terms ending on the first day of the third January of the succeeding gubernatorial term and until their successors are appointed. It is the intent of this subsection that the governor appoint a majority of the members of each quasi-judicial board at the beginning of the governor's term and the remaining members in the middle of the governor's term. As used in this subsection, "majority" means the next whole number greater than half.

(3) The appointment of each member is subject to the confirmation of the senate then meeting in regular session or next meeting in regular session following the appointment. A member so appointed has all the powers of the office upon assuming that 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 appoint a new member to serve for the remainder of the term.

(4) A vacancy must be filled in the same manner as regular appointments, and the member appointed to fill a vacancy shall serve for the unexpired term to which the member is appointed.

(5) The governor shall designate the presiding officer. The presiding officer may make and second motions and vote.

(6) Members may be removed by the governor only for cause.

(7) Unless otherwise provided by law, each member is entitled to be paid $100 for each day in which the member is actually and necessarily engaged in the performance of board duties and is also entitled to be reimbursed for travel expenses, as provided for in 2-18-501 through 2-18-503 , incurred while in the performance of board duties. Members who are full-time salaried officers or employees of this state or of a political subdivision of this state are not entitled to be compensated for their service as members except when they perform their board duties outside their regular working hours or during time charged against their leave, but those members are entitled to be reimbursed for travel expenses as provided for in 2-18-501 through 2-18-503 . Ex officio board members may not receive compensation but must receive travel expenses.

(8) A majority of the membership constitutes a quorum to do business. A favorable vote of at least a majority of the members in attendance at a meeting at which a quorum is present is required to adopt any resolution, motion, or other decision, unless otherwise provided by law.
Mont. Code Ann. § 2-15-126 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-126
2-15-126 Terminated
Status: in_force

2-15-126 . Terminated. Sec. 4, Ch. 237, L. 1993.
Mont. Code Ann. § 2-15-501 — MT Code / Title 2 / Chapter 15 / Part 5 / Section 2-15-501
2-15-501 General duties
Status: in_force

2-15-501 . General duties. It is the duty of the attorney general:

(1) to prosecute or defend all causes in the supreme court in which the state or any officer of the state in the officer's official capacity is a party or in which the state has an interest;

(2) to represent the state in all bankruptcy proceedings in which the state's interest may be affected and in other debt collection proceedings at the request of a state agency;

(3) after judgment in any of the causes referred to in subsections (1) and (2), to direct the issuing of a process as may be necessary to carry the judgment into execution;

(4) to keep a register of all cases prosecuted or defended by the attorney general. The register must be open to the inspection of the public during business hours. The attorney general shall deliver the register to the attorney general's successor in office.

(5) to exercise supervisory powers over county attorneys in all matters pertaining to the duties of their offices and from time to time require of them reports as to the condition of public business entrusted to their charge. The supervisory powers granted to the attorney general by this subsection include the power to order and direct county attorneys in all matters pertaining to the duties of their office. The county attorney shall, when ordered or directed by the attorney general, promptly institute and diligently prosecute in the proper court and in the name of the state of Montana any criminal or civil action or special proceeding.

(6) when required by the public service or directed by the governor, to assist the county attorney of any county in the discharge of the county attorney's duties or to prosecute or defend appropriate cases in which the state or any officer of the state in the officer's official capacity is a party or in which the state has an interest;

(7) to give an opinion in writing, without fee, to the legislature or either house of the legislature, to any state officer, board, or commission, to any county attorney, to the city attorney of any city or town, or to the board of county commissioners of any county of the state when required upon any question of law relating to their respective offices. The attorney general shall give the opinion within 3 months following the date that it is requested unless the attorney general certifies in writing to the requesting party that the question is of sufficient complexity to require additional time. If an opinion issued by the attorney general conflicts with an opinion issued by a city attorney, county attorney, or an attorney employed or retained by any state officer, board, commission, or department, the attorney general's opinion is controlling unless overruled by a state district court or the supreme court.

(8) to discharge the duties of a member of the board of examiners and state board of land commissioners;

(9) to perform all other duties as required by law.
Mont. Code Ann. § 2-8-404 — MT Code / Title 2 / Chapter 8 / Part 4 / Section 2-8-404
2-8-404 Interim committee review of licensing boards and programs -- criteria -- repeal -- consolidation
Status: in_force

2-8-404 . Interim committee review of licensing boards and programs -- criteria -- repeal -- consolidation. (1) (a) Before January 1 of each even-numbered year, a legislative interim committee responsible for monitoring licensing boards and programs shall notify the department to which licensing boards or programs are administratively attached if the committee plans to review one or more licensing boards or programs to determine the need for a board or a program and the financial solvency or appropriate administrative attachment of the board or program.

(b) A review under subsection (1)(a) is separate from a performance audit conducted by the legislative audit committee.

(2) The focus of a review under subsection (1)(a) is:

(a) to determine whether a board or program continues to be needed to protect public health, safety, or welfare or the common good by addressing the following questions:

(i) does the improper practice of the profession or occupation pose a physical, financial, or emotional threat to public health, safety, or welfare and is there evidence of harm from improper practice; and

(ii) does the practice of the profession or occupation require specific training or skills that make evaluation of competency difficult for the consumer; or

(b) to assess the financial solvency of the board or program and the impact on consumers and on licensees if higher fees are projected for the next biennium.

(3) After the review, the legislative interim committee may draft legislation to:

(a) repeal the board or program if the board or program is no longer needed for public health, safety, or welfare or the common good; or

(b) combine a board with other licensing boards if a board meets the criteria in subsection (2)(a) but has one of the following criteria:

(i) is expected to have higher fees than if the board operates in combination with another board with similar interests;

(ii) has fewer than 200 licensees; or

(iii) has no or a limited number of complaints each year.

(4) The legislative interim committee, after a review of the administrative attachment of a board or program, may propose legislation to administratively attach the board or program to a department that has responsibilities related to the board or program.
Mont. Code Ann. § 2-17-504 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-504
2-17-504 Short title
Status: in_force

2-17-504 . Short title. This part may be cited as the "Montana Information Technology Act".
Mont. Code Ann. § 2-4-622 — MT Code / Title 2 / Chapter 4 / Part 6 / Section 2-4-622
2-4-622 When hearings officer unavailable for decision
Status: in_force

2-4-622 . When hearings officer unavailable for decision. (1) If the person who conducted the hearing becomes unavailable to the agency, proposed findings of fact may be prepared by a person who has read the record only if the demeanor of witnesses is considered immaterial by all parties.

(2) The parties may waive compliance with 2-4-621 and this section by written stipulation.
Mont. Code Ann. § 2-16-115 — MT Code / Title 2 / Chapter 16 / Part 1 / Section 2-16-115
2-16-115 Signature of officer acting ex officio
Status: in_force

2-16-115 . Signature of officer acting ex officio. When an officer discharges ex officio the duties of an office other than that to which the officer is elected or appointed, the officer's official signature and attestation, except as otherwise provided by law, must be in the name of the office of which the officer discharges the duties.
Mont. Code Ann. § 2-15-1808 — MT Code / Title 2 / Chapter 15 / Part 18 / Section 2-15-1808
2-15-1808 Board of investments -- allocation -- composition -- quasi-judicial -- reporting
Status: in_force

2-15-1808 . Board of investments -- allocation -- composition -- quasi-judicial -- reporting. (1) There is a board of investments within the department of commerce.

(2) Except as otherwise provided in this subsection, the board is allocated to the department for administrative purposes as prescribed in 2-15-121 . The board may employ a chief investment officer and an executive director who have general responsibility for selection and management of the board's staff and for direct investment and economic development activities. The board shall prescribe the duties and annual salaries of the chief investment officer, executive director, and six professional staff positions. The chief investment officer, executive director, and six professional staff serve at the pleasure of the board.

(3) The board is composed of nine members appointed by the governor, as prescribed in 2-15-124 , and two ex officio, nonvoting members. The members are:

(a) one member from the public employees' retirement board, provided for in 2-15-1009 , and one member from the teachers' retirement board provided for in 2-15-1010 . If either member of the respective retirement boards ceases to be a member of the retirement board, the position of that member on the board of investments is vacant, and the governor shall fill the vacancy in accordance with 2-15-124 .

(b) seven members who will provide a balance of professional expertise and public interest and accountability, who are informed and experienced in the subject of investments, and who are representatives of:

(i) the financial community;

(ii) small business;

(iii) agriculture; and

(iv) labor; and

(c) two ex officio, nonvoting legislative liaisons to the board, of which one must be a senator appointed by the president of the senate and one must be a representative appointed by the speaker of the house. The liaisons may not be from the same political party. Preference in appointments is to be given to legislators who have a background in investments or finance. The legislative liaisons shall serve from appointment through each even-numbered calendar year and may attend all board meetings. Legislative liaisons appointed pursuant to this subsection (3)(c) are entitled to compensation and expenses, as provided in 5-2-302 , to be paid by the legislative council.

(4) The board is designated as a quasi-judicial board for the purposes of 2-15-124 .

(5) The board shall perform all duties outlined in 2-15-121 subject to the restrictions of Title 17, chapters 5 and 6, in a restricted enterprise fund type pursuant to 17-2-102 .

(6) (a) The board shall prepare and present on its budget to the following committees on at least a biannual basis:

(i) the legislative finance committee;

(ii) the state administration and veterans' affairs interim committee; and

(iii) the general government interim budget committee.

(b) During each legislative session, the board shall report to the house appropriations committee, the senate finance and claims committee, and the general government joint appropriations subcommittee upon request.
Mont. Code Ann. § 2-9-515 — MT Code / Title 2 / Chapter 9 / Part 5 / Section 2-9-515
2-9-515 Additional security -- liability of officers and sureties
Status: in_force

2-9-515 . Additional security -- liability of officers and sureties. The officer and the officer's sureties are liable to any party injured by the breach of any condition of an official bond, after the execution of the additional bond, upon either or both bonds. The injured party may bring an action upon either bond or may bring separate actions on the bonds respectively. The injured party may allege the same cause of action and may recover judgment in each suit.
Mont. Code Ann. § 2-4-310 — MT Code / Title 2 / Chapter 4 / Part 3 / Section 2-4-310
2-4-310 Sponsor contact for administrative rulemaking -- sponsor comments -- request for economic impact statement
Status: in_force

2-4-310 . Sponsor contact for administrative rulemaking -- sponsor comments -- request for economic impact statement. (1) When an agency begins to work on the substantive content of a proposal notice for a rule that initially implements legislation, and not less than 10 days in advance of a proposal notice, the agency shall contact the legislator who was the primary sponsor of the legislation. The primary sponsor must be contacted at the sponsor's legislative e-mail address. An agency has complied with the primary sponsor contact requirements of this section upon sending the e-mail meeting the requirements of this subsection. If an agency fails to comply with the requirements of this subsection, then the proposal notice is ineffective. The agency shall:

(a) inform the sponsor of known and expected dates in the rulemaking process;

(b) provide the sponsor a timeline to submit informal comments or to meet to discuss the rulemaking; and

(c) invite the sponsor's explanation of the legislation's intent.

(2) If the primary sponsor submits comments pursuant to subsection (1)(b) for an agency proposal and the agency disagrees with the primary sponsor, the agency shall publish the primary sponsor's unredacted comments in the proposal notice and provide a statement explaining why the sponsor's comments were not incorporated into the proposed rule.

(3) The sponsor may request an economic impact statement be prepared pursuant to 2-4-405 . The request must set forth the requirements of 2-4-405 (2)(a) and an explanation of whether and how the economic burden of the proposed rulemaking can be mitigated while implementing the sponsor's legislation. The request must be directed to the appropriate administrative rule review committee, and the provisions of 2-4-405 apply.

(4) The sponsor is an interested person as set forth in 2-4-302 for purposes of rulemaking that initially implements legislation.
Mont. Code Ann. § 2-15-1518 — MT Code / Title 2 / Chapter 15 / Part 15 / Section 2-15-1518
2-15-1518 Director of fire services training school
Status: in_force

2-15-1518 . Director of fire services training school. (1) The board of regents shall appoint the director of the fire services training school.

(2) The director may be removed for cause.

(3) The director must have the following qualifications:

(a) a bachelor's degree in a field of study related to fire protection; or

(b) 5 years' experience in an organized training program as an instructor and 7 years' experience as a firefighter or fire combat officer.
Mont. Code Ann. § 2-15-1756 — MT Code / Title 2 / Chapter 15 / Part 17 / Section 2-15-1756
2-15-1756 Board of public accountants
Status: in_force

2-15-1756 . Board of public accountants. (1) In accordance with 37-1-123 , there is a board of public accountants.

(2) The board consists of five members:

(a) four certified public accountants; and

(b) one public member.

(3) The board is allocated to the department of labor and industry as prescribed in 2-15-121 , except that the provisions of 2-15-121 (2)(b) do not apply.
Mont. Code Ann. § 2-4-506 — MT Code / Title 2 / Chapter 4 / Part 5 / Section 2-4-506
2-4-506 Declaratory judgments on validity or application of rules
Status: in_force

2-4-506 . Declaratory judgments on validity or application of rules. (1) A rule may be declared invalid or inapplicable in an action for declaratory judgment if it is found that the rule or its threatened application interferes with or impairs or threatens to interfere with or impair the legal rights or privileges of the plaintiff.

(2) A rule may also be declared invalid in the action on the grounds that the rule was adopted with an arbitrary or capricious disregard for the purpose of the authorizing statute as evidenced by documented legislative intent.

(3) A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question.

(4) The action may be brought in the district court for the county in which the plaintiff resides or has a principal place of business or in which the agency maintains its principal office. The agency must be made a party to the action.
Mont. Code Ann. § 2-8-122 — MT Code / Title 2 / Chapter 8 / Part 1 / Section 2-8-122
2-8-122 Reestablishment
Status: in_force

2-8-122 . Reestablishment. (1) Any agency or program scheduled for termination under this part or any subsequent act may be reestablished by the legislature.

(2) No more than one agency or program may be continued or reestablished in any bill for an act, and the agency or program shall be mentioned in the bill's title.
Mont. Code Ann. § 2-18-1107 — MT Code / Title 2 / Chapter 18 / Part 11 / Section 2-18-1107
2-18-1107 Salary increase based on elimination of position
Status: in_force

2-18-1107 . Salary increase based on elimination of position. An agency head, as defined in 2-18-1101 , may, with the approval of the approving authority, as defined in 17-7-102 , increase the salary for one or more positions in the agency by the amount of the salary for a position that was permanently eliminated by the agency within the last 30 days. However, an increased salary may not exceed the market midpoint for that position determined under Title 2, chapter 18, part 3. If an eliminated position's salary is redistributed under this section, the agency may not be given an increased appropriation in regard to the eliminated position under 2-15-112 (2)(e). An increase for an employee who is in a collective bargaining unit is a negotiable subject under 39-31-305 .
Mont. Code Ann. § 2-9-511 — MT Code / Title 2 / Chapter 9 / Part 5 / Section 2-9-511
2-9-511 Extent of sureties' liability -- when less than full
Status: in_force

2-9-511 . Extent of sureties' liability -- when less than full. (1) An official bond executed by any officer pursuant to law is in force and obligatory upon the principal and sureties for any and all breaches of the conditions of the bond committed during the time the officer continues to discharge any of the duties of or hold the office and whether the breaches are committed or suffered by the principal officer or the officer's deputy or clerk.

(2) A surety bond is in force and obligatory upon the principal and sureties for the faithful discharge of all duties that may be required of the officer by any law enacted subsequently to the execution of the bond, and that condition must be expressed in the bond.

(3) When the penal sum of a bond required to be given amounts to more than $1,000, the sureties may become severally liable for portions not less than $500, making in the aggregate a liability of double the amount named as the penal sum of the bond. If a bond is forfeited, an action may be brought on the bond against any or all of the obligors and judgment may be entered against them, either jointly or severally, as they may be liable. The judgment may not be entered against a surety severally bound for a greater sum than that for which the surety is specially liable by the terms of the bond. Each surety is liable to contribute to the cosureties in proportion to the amount for which the surety is liable.
Mont. Code Ann. § 2-7-522 — MT Code / Title 2 / Chapter 7 / Part 5 / Section 2-7-522
2-7-522 Report review
Status: in_force

2-7-522 . Report review. (1) The department shall determine whether the provisions of this part have been complied with by the independent auditor.

(2) Upon receipt of the audit report from the local government entity the department shall review the report. If the department determines the reporting requirements have not been met, the department shall notify the local government entity and the independent auditor submitting the report of the significant issues of noncompliance. The notification must include issuance of a statement of deficiencies by the department. The department shall allow the independent auditor 60 days to correct the identified deficiencies.

(3) If the corrections are not made within 60 days of the department's notice, the department shall notify the local government entity that the report has not been received. Failure to submit a report shall result in the withholding of payment of the audit fee pending resolution of the identified deficiencies or receipt of a corrected report.

(4) Upon review of the report, if the department determines the independent auditor has issued a report that fails to meet the auditing standards referred to in 2-7-513 or contains false or misleading information, the department shall notify the board.

(5) The department shall review the audit report findings and the response of the governing body or executive or managing officer of the local government entity submitted under 2-7-515 . When the findings concern financial assistance, the department shall notify the state agency that is responsible for disbursing the state or federal funding.

(6) The department must have access in its office to the working papers of the independent auditor.
Mont. Code Ann. § 2-15-1773 — MT Code / Title 2 / Chapter 15 / Part 17 / Section 2-15-1773
2-15-1773 Board of outfitters
Status: in_force

2-15-1773 . Board of outfitters. (1) In accordance with 37-1-123 , there is a board of outfitters.

(2) The board consists of five members:

(a) one outfitter licensed for both hunting and fishing, representing a public land hunting and fishing outfitter knowledgeable in government permitting and preferably with a packing endorsement;

(b) one fishing outfitter;

(c) one outfitter representing a private land hunting outfit;

(d) one hunting and fishing outfitter, with their business being predominately fishing; and

(e) one public member who is a Montana-based business owner who engages in nonoutfitted business that is reliant on the local outdoor recreation industry.

(3) The board is allocated to the department as prescribed in 2-15-121 .
Mont. Code Ann. § 2-18-120 — MT Code / Title 2 / Chapter 18 / Part 1 / Section 2-18-120
2-18-120 Telework authorized and encouraged
Status: in_force

2-18-120 . Telework authorized and encouraged. (1) An agency may authorize telework for specified employees when it is in the state's best interest as determined and documented by the agency.

(2) The department shall adopt policies to encourage agencies to authorize telework and to provide for the uniform implementation of this section by agencies.
Mont. Code Ann. § 2-15-2047 — MT Code / Title 2 / Chapter 15 / Part 20 / Section 2-15-2047
2-15-2047 Determination of eligibility -- board approval -- appeals
Status: in_force

2-15-2047 . Determination of eligibility -- board approval -- appeals. (1) A law enforcement officer or the officer's immediate family is eligible for payment from the end of watch trust after the board established in 2-15-2044 approves the application.

(2) A law enforcement officer or the officer's immediate family that meets the qualifications set forth in this chapter is not guaranteed or entitled to payments from the end of watch trust.

(3) A law enforcement officer or the officer's immediate family may appeal a decision by the board. An appeal must follow the process and all laws for contested cases prescribed in Title 2, chapter 4, part 6.
Mont. Code Ann. § 2-9-113 — MT Code / Title 2 / Chapter 9 / Part 1 / Section 2-9-113
2-9-113 Immunity from suit for certain gubernatorial actions
Status: in_force

2-9-113 . Immunity from suit for certain gubernatorial actions. The state and the governor are immune from suit for damages arising from the lawful discharge of an official duty associated with vetoing or approving bills or in calling sessions of the legislature.
Mont. Code Ann. § 2-17-421 — MT Code / Title 2 / Chapter 17 / Part 4 / Section 2-17-421
2-17-421 Use -- state business only -- exception -- compensation for driving personal vehicle -- penalty for private use
Status: in_force

2-17-421 . Use -- state business only -- exception -- compensation for driving personal vehicle -- penalty for private use. (1) Except as provided in 2-17-424 , a state officer or state employee may not use a state-owned or leased motor vehicle for personal use nor be compensated for driving a personal motor vehicle unless that motor vehicle is used on state business.

(2) Except for vehicles that have been approved for confidential license plates by the attorney general in accordance with 44-4-201 , a decal must be affixed to the windshield of each state-owned or leased vehicle, with the following information contained on the decal:

"Any officer or employee of state government who uses or authorizes the use of any state-owned or leased motor vehicle in violation of the acceptable use rules provided for in 2-17-424 may be removed from office by the head of the department or establishment concerned."

(3) The head of a department or agency may terminate the employment of any state employee using state-owned or leased vehicles for personal use in violation of the rules provided for in 2-17-424 .
Mont. Code Ann. § 2-9-517 — MT Code / Title 2 / Chapter 9 / Part 5 / Section 2-9-517
2-9-517 Contribution between sureties
Status: in_force

2-9-517 . Contribution between sureties. Whenever the sureties on either bond have been compelled to pay any sum of money on account of the principal obligor therein, they are entitled to recover in any court of competent jurisdiction of the sureties on the remaining bond a distributive part of the sum thus paid in the proportion which the penalties of such bonds bear one to the other and to the sums thus paid, respectively.
Mont. Code Ann. § 2-18-811 — MT Code / Title 2 / Chapter 18 / Part 8 / Section 2-18-811
2-18-811 General duties of department
Status: in_force

2-18-811 . General duties of department. The department shall:

(1) adopt rules for the conduct of its business under this part and to carry out the purposes of this part;

(2) negotiate and administer contracts for state employee group benefit plans for a period not to exceed 10 years;

(3) design state employee group benefit plans, establish specifications for bids, and make recommendations for acceptance or rejection of bids;

(4) prepare an annual report that describes the state employee group benefit plans being administered, details the historical and projected program costs and the status of reserve funds, and makes recommendations, if any, for change in existing state employee group benefit plans;

(5) prior to each legislative session, perform or obtain an analysis of rate adequacy of all state employee group benefit plans administered under this part; and

(6) submit the report required in this section to the office of budget and program planning as a part of the information required by 17-7-111 .
Mont. Code Ann. § 2-18-705 — MT Code / Title 2 / Chapter 18 / Part 7 / Section 2-18-705
2-18-705 Terminated
Status: in_force

2-18-705 . Terminated. Sec. 14, Ch. 363, L. 2013.
Mont. Code Ann. § 2-21-102 — MT Code / Title 2 / Chapter 21 / Part 1 / Section 2-21-102
2-21-102 Prohibited use of artificial intelligence by government entity
Status: in_force

2-21-102 . Prohibited use of artificial intelligence by government entity. A government entity or state officer may not use an artificial intelligence system:

(1) for the cognitive behavioral manipulation of a person or group;

(2) to classify a person or group based on behavior, socioeconomic status, or personal characteristics resulting in unlawful discrimination or a disparate impact on a person or group based on an actual or perceived differentiating characteristic;

(3) for a malicious purpose; or

(4) for surveillance of public spaces, except:

(a) to locate a missing, endangered, or wanted person; or

(b) in conformity with Title 44, chapter 15, part 1, regarding continuous facial surveillance.
Mont. Code Ann. § 2-18-301 — MT Code / Title 2 / Chapter 18 / Part 3 / Section 2-18-301
2-18-301 Intent of part -- rules
Status: in_force

2-18-301 . Intent of part -- rules. (1) It is the intent of the legislature that compensation plans for state employees, excluding those employees excepted under 2-18-103 or 2-18-104 , be based, in part, on an analysis of the labor markets as provided by the department in a biennial salary survey. The salary survey must be submitted to the office of budget and program planning as a part of the information required by 17-7-111 .

(2) Pay adjustments, if any, provided for in 2-18-303 supersede any other plan or systems established through collective bargaining after the adjournment of the legislature.

(3) Total funds required to implement the pay increases, if any, provided for in 2-18-303 for any employee group or bargaining unit may not be increased through collective bargaining over the amount appropriated by the legislature.

(4) When fiscally able, the department shall administer the pay program established by the legislature on the basis of competency, competitiveness to the external labor market, pay progression, and other nondiscriminatory factors, while considering pay relationships within an agency or pay unit.

(5) The broadband pay plan must consist of nine pay bands including occupational wage ranges based on an occupation and its job evaluation factor. Each occupational wage range must contain a salary range with a minimum, a market midpoint, and a maximum salary. The salary for an employee may be less than the minimum salary.

(6) Based on the biennial salary survey, the department shall:

(a) identify current market midpoints for all occupations; and

(b) establish the occupational wage range for each occupation.

(7) The department may promulgate rules not inconsistent with the provisions of this part, collective bargaining statutes, or negotiated contracts to carry out the purposes of this part.

(8) Nothing in this part prohibits the board of regents from engaging in negotiations with the collective bargaining units representing the classified staff of the university system.
Mont. Code Ann. § 2-15-3303 — MT Code / Title 2 / Chapter 15 / Part 33 / Section 2-15-3303
2-15-3303 Board of oil and gas conservation -- composition -- allocation -- quasi-judicial
Status: in_force

2-15-3303 . Board of oil and gas conservation -- composition -- allocation -- quasi-judicial. (1) There is a board of oil and gas conservation.

(2) The board consists of seven members, three of whom shall be from the oil and gas industry and have had at least 3 years' experience in the production of oil and gas and two of whom shall be landowners residing in oil or gas producing counties of the state but not actively associated with the oil and gas industry, but one of the two landowners shall be one who owns the mineral rights with the surface and the other shall be one who does not own the mineral rights.

(3) The board is allocated to the department for administrative purposes only as prescribed in 2-15-121 . However, the board may hire its own personnel, and 2-15-121 (2)(d) does not apply. The board may also prescribe the duties and annual salary of four professional staff positions.

(4) The board is designated as a quasi-judicial board for purposes of 2-15-124 .
Mont. Code Ann. § 2-15-1741 — MT Code / Title 2 / Chapter 15 / Part 17 / Section 2-15-1741
2-15-1741 Board of psychologists
Status: in_force

2-15-1741 . Board of psychologists. (1) In accordance with 37-1-123 , there is a board of psychologists.

(2) The board consists of six members:

(a) two psychologists engaged in private practice;

(b) one psychologist engaged in public health;

(c) one psychologist engaged in the teaching of psychology;

(d) one behavior analyst; and

(e) one public member.

(3) The board is allocated to the department as prescribed in 2-15-121 .
Mont. Code Ann. § 2-4-106 — MT Code / Title 2 / Chapter 4 / Part 1 / Section 2-4-106
2-4-106 Service
Status: in_force

2-4-106 . Service. Except where a statute expressly provides to the contrary, service in all agency proceedings subject to the provisions of this chapter and in proceedings for judicial review thereof shall be as prescribed for civil actions in the district courts.
Mont. Code Ann. § 2-9-701 — MT Code / Title 2 / Chapter 9 / Part 7 / Section 2-9-701
2-9-701 County officers and employees to be bonded
Status: in_force

2-9-701 . County officers and employees to be bonded. (1) All elected and appointed county officers and employees must be bonded for the faithful performance of all official duties required by law.

(2) A bond may cover an individual officer or employee, or a blanket bond may cover all officers and employees or any group or combination of county officers and employees.
Mont. Code Ann. § 2-15-1744 — MT Code / Title 2 / Chapter 15 / Part 17 / Section 2-15-1744
2-15-1744 Board of behavioral health
Status: in_force

2-15-1744 . Board of behavioral health. (1) In accordance with 37-1-123 , there is a board of behavioral health.

(2) The board consists of 11 members:

(a) three clinical social workers;

(b) three professional counselors;

(c) two addiction counselors;

(d) one certified behavioral peer support specialist;

(e) one marriage and family therapist; and

(f) one public member.

(3) The board is allocated to the department as provided in 2-15-121 .
Mont. Code Ann. § 2-1-301 — MT Code / Title 2 / Chapter 1 / Part 3 / Section 2-1-301
2-1-301 Assumption of criminal jurisdiction of Flathead Indian country -- county reimbursement
Status: in_force

2-1-301 . (Temporary) Assumption of criminal jurisdiction of Flathead Indian country -- county reimbursement. (1) The state of Montana hereby obligates and binds itself to assume, as provided in this section, criminal jurisdiction over Indians and Indian territory of the Flathead Indian reservation and country within the state in accordance with the consent of the United States given by the act of August 15, 1953 (Public Law 280, 83rd congress, 1st session).

(2) Unless the Confederated Salish and Kootenai tribes or Lake County withdraws consent to enforcement pursuant to 2-1-306 , the state shall reimburse Lake County for assuming criminal jurisdiction under this section annually to the extent funds are appropriated by the legislature. The annual amount of reimbursement must be adjusted each year based on the consumer price index. (Terminates June 30, 2031--sec. 1, Ch. 764, L. 2025.)
Mont. Code Ann. § 2-15-243 — MT Code / Title 2 / Chapter 15 / Part 2 / Section 2-15-243
2-15-243 Montana sage grouse oversight team -- composition
Status: in_force

2-15-243 . Montana sage grouse oversight team -- composition. (1) There is a Montana sage grouse oversight team. The oversight team is attached to the governor's office for administrative purposes only, as prescribed in 2-15-121 .

(2) The oversight team consists of:

(a) the directors of the departments of:

(i) environmental quality;

(ii) fish, wildlife, and parks;

(iii) natural resources and conservation; and

(iv) transportation;

(b) the administrator of the division of oil and gas conservation within the department of natural resources and conservation;

(c) one member of the rangeland resources committee established in 2-15-3305 ;

(d) one member of the senate appointed by the president of the senate;

(e) one member of the house of representatives appointed by the speaker of the house; and

(f) a designated representative of the governor. The governor's designated representative is the presiding officer of the oversight team.

(3) The oversight team shall meet at least quarterly to fulfill the requirements of Title 87, chapter 5, part 9. Each meeting must be recorded electronically.

(4) Unless otherwise provided by law, each member is entitled to be reimbursed for travel expenses, as provided for in 2-18-501 through 2-18-503 , incurred while performing oversight team duties.
Mont. Code Ann. § 2-5-105 — MT Code / Title 2 / Chapter 5 / Part 1 / Section 2-5-105
2-5-105 Application for membership on committees -- publication of notice
Status: in_force

2-5-105 . Application for membership on committees -- publication of notice. (1) If an agency decides to establish a negotiated rulemaking committee, the agency shall publish in the Montana Administrative Register and, as appropriate, in newspapers and other publications, a notice that includes:

(a) an announcement that the agency intends to establish a negotiated rulemaking committee to negotiate and develop a proposed rule;

(b) a description of the subject and scope of the rule to be developed and the issues to be considered;

(c) a list of interests likely to be significantly affected by the proposed rule;

(d) a list of the persons proposed to represent the affected interests and the agency;

(e) a proposed schedule for completing the work of the committee; and

(f) an explanation of how a person may apply for or nominate another person for membership on the committee.

(2) An agency may include the notice required in subsection (1) in the notice of intent to promulgate rules made pursuant to 2-4-302 .

(3) The agency shall provide a period of at least 30 days for the submission of comments and applications for membership on a negotiated rulemaking committee.
Mont. Code Ann. § 2-1-315 — MT Code / Title 2 / Chapter 1 / Part 3 / Section 2-1-315
2-1-315 Tribal regalia and objects of cultural significance -- allowed at public events
Status: in_force

2-1-315 . Tribal regalia and objects of cultural significance -- allowed at public events. (1) The purpose of this section is to help further the state's recognition of the distinct and unique cultural heritage of the American Indians and the state's commitment to preserving the American Indians' cultural integrity as provided in Article X, section 1(2), of the Montana constitution.

(2) A state agency or a local government may not prohibit an individual from wearing traditional tribal regalia or objects of cultural significance at a public event.

(3) For purposes of this section, the following definitions apply:

(a) "Individual" means a human being regardless of age.

(b) "Local government" has the meaning provided in 2-2-102 .

(c) "Public event" means an event held or sponsored by a state agency or a local government, including but not limited to an award ceremony, a graduation ceremony, or a public meeting.

(d) "State agency" has the meaning provided in 1-2-116 .
Mont. Code Ann. § 2-16-503 — MT Code / Title 2 / Chapter 16 / Part 5 / Section 2-16-503
2-16-503 Notice of removal
Status: in_force

2-16-503 . Notice of removal. Whenever an officer is removed, committed pursuant to 53-21-127 , or convicted of a felony or offense involving moral turpitude or a violation of the officer's official duty or whenever the officer's election or appointment is declared void, the body, judge, or officer before whom the proceedings were conducted shall give notice of the proceedings to the officer authorized to fill the vacancy.
Mont. Code Ann. § 2-17-1103 — MT Code / Title 2 / Chapter 17 / Part 11 / Section 2-17-1103
2-17-1103 Responsibilities of department for digital government
Status: in_force

2-17-1103 . Responsibilities of department for digital government. (1) The department shall:

(a) provide the ability for state agencies to offer digital government services by providing a reasonable and secure infrastructure;

(b) provide a point of entry for digital government services to achieve a single face of government;

(c) encourage a common look and feel for all digital government services for the benefit of the customers of the services;

(d) set technological standards for digital government services;

(e) use technology that enables the greatest number of customers to obtain access to digital government services;

(f) promote the benefits of digital government services through educational, marketing, and outreach initiatives;

(g) promote transparency in information management; and

(h) share and coordinate information with political subdivisions whenever possible.

(2) To fulfill the responsibilities in subsection (1), the department may contract with private entities. The department may charge convenience fees and may allow private entities to collect the convenience fees on selected digital government services in order to provide funding for the support and furtherance of digital government services.

(3) The department or a private entity under a contract as provided in subsection (2) may not use any data associated with providing digital government services for any purpose that is not provided for by law.
Mont. Code Ann. § 2-2-207 — MT Code / Title 2 / Chapter 2 / Part 2 / Section 2-2-207
2-2-207 Settlements to be withheld on affidavit
Status: in_force

2-2-207 . Settlements to be withheld on affidavit. (1) Each officer charged with the disbursement of public money who is informed by affidavit establishing probable cause that an officer whose account is about to be settled, audited, or paid has violated any of the provisions of this part shall suspend the settlement or payment and cause the officer to be prosecuted for the violation by the county attorney.

(2) If there is a judgment for the defendant upon prosecution, the proper officer may proceed to settle, audit, or pay the account as if an affidavit had not been filed.
Mont. Code Ann. § 2-9-301 — MT Code / Title 2 / Chapter 9 / Part 3 / Section 2-9-301
2-9-301 Filing of claims against state and political subdivisions -- disposition by state agency as prerequisite
Status: in_force

2-9-301 . Filing of claims against state and political subdivisions -- disposition by state agency as prerequisite. (1) All claims against the state arising under the provisions of parts 1 through 3 of this chapter must be presented in writing to the department of administration.

(2) A complaint based on a claim subject to the provisions of subsection (1) may not be filed in district court unless the claimant has first presented the claim to the department of administration and the department has finally denied the claim. The department must grant or deny the claim in writing within 120 days after the claim is presented to the department. The failure of the department to make final disposition of a claim within 120 days after it is presented to the department must be considered a final denial of the claim for purposes of this subsection. Upon the department's receipt of the claim, the statute of limitations on the claim is tolled for 120 days. The provisions of this subsection do not apply to claims that may be asserted under Title 25, chapter 20, by third-party complaint, cross-claim, or counterclaim.

(3) All claims against a political subdivision arising under the provisions of parts 1 through 3 shall be presented to and filed with the clerk or secretary of the political subdivision.
Mont. Code Ann. § 2-3-203 — MT Code / Title 2 / Chapter 3 / Part 2 / Section 2-3-203
2-3-203 Meetings of public agencies and certain associations of public agencies to be open to public -- exceptions
Status: in_force

2-3-203 . Meetings of public agencies and certain associations of public agencies to be open to public -- exceptions. (1) All meetings of public or governmental bodies, boards, bureaus, commissions, agencies of the state, or any political subdivision of the state or organizations or agencies supported in whole or in part by public funds or expending public funds, including the supreme court, must be open to the public.

(2) All meetings of associations that are composed of public or governmental bodies referred to in subsection (1) and that regulate the rights, duties, or privileges of any individual must be open to the public.

(3) The presiding officer of any meeting may close the meeting during the time the discussion relates to a matter of individual privacy and then if and only if the presiding officer determines that the demands of individual privacy clearly exceed the merits of public disclosure. The right of individual privacy may be waived by the individual about whom the discussion pertains and, in that event, the meeting must be open.

(4) (a) Except as provided in subsection (4)(b), a meeting may be closed to discuss a strategy to be followed with respect to litigation when an open meeting would have a detrimental effect on the litigating position of the public agency.

(b) A meeting may not be closed to discuss strategy to be followed in litigation in which the only parties are public bodies or associations described in subsections (1) and (2).

(5) The supreme court may close a meeting that involves judicial deliberations in an adversarial proceeding.

(6) Any committee or subcommittee appointed by a public body or an association described in subsection (2) for the purpose of conducting business that is within the jurisdiction of that agency is subject to the requirements of this section.
Mont. Code Ann. § 2-17-550 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-550
2-17-550 Short title
Status: in_force

2-17-550 . Short title. Sections 2-17-550 through 2-17-553 may be cited as the "Governmental Internet Information Privacy Act".
Mont. Code Ann. § 2-16-620 — MT Code / Title 2 / Chapter 16 / Part 6 / Section 2-16-620
2-16-620 County clerk to verify signatures
Status: in_force

2-16-620 . County clerk to verify signatures. (1) The county clerk in each county in which a recall petition is signed shall verify and compare the signatures of each person who has signed the petition to ensure that the person is an elector in that county and, if satisfied that the signatures are genuine, shall certify that fact to the officer with whom the recall petition is to be filed, in substantially the following form:

To the Honorable ............, Secretary of State of the State of Montana (or name and title of other officer):

I, ............, ...... (title) of ............ County, certify that I have compared the signatures on ...... sheets (specifying number of sheets) of the petition for recall No. ...... attached, in the manner prescribed by law, and I believe ...... (number) signatures are valid for the purpose of the petition. I further certify that the affidavit of the circulator of the (sheet) (section) of the petition is attached and that the post-office address is completed for each valid signature.

Signed: ...... (Date) ........(Signature)

Seal ............(Title)

(2) The certificate is prima facie evidence of the facts stated in the certificate, and the secretary of state or other officer receiving the recall petition may consider and count only the signatures that are certified. However, the officer with whom the recall petition is filed shall consider and count any remaining signatures of the registered voters that prove to be genuine, and those signatures must be considered and counted if they are attested to in the manner and form provided for initiative and referendum petitions.

(3) The county clerk and recorder may not retain any portion of a petition for more than 30 days following the receipt of that portion. At the expiration of that period, the county clerk and recorder shall certify the valid signatures on that portion of the petition and deliver the same to the person with whom the petition is required to be filed.
Mont. Code Ann. § 2-16-212 — MT Code / Title 2 / Chapter 16 / Part 2 / Section 2-16-212
2-16-212 Filing
Status: in_force

2-16-212 . Filing. (1) Unless a different time is prescribed by law, the oath of office must be taken, subscribed, and filed within 30 days after the officer has notice of election or appointment or before the expiration of 15 days from the commencement of the term of office when a notice of election or appointment has not been given.

(2) An oath of office, certified by the officer before whom the oath was taken, must be filed within the time required by law, except when otherwise specially provided, as follows:

(a) the oath of all officers whose authority is not limited to any particular county, in the office of the secretary of state;

(b) the oath of all officers, elected or appointed for any county and of all officers whose duties are local or whose residence in any particular county is prescribed by law and of the clerks of the district courts, in the offices of the clerks of the respective counties.
Mont. Code Ann. § 2-15-2015 — MT Code / Title 2 / Chapter 15 / Part 20 / Section 2-15-2015
2-15-2015 Workers' compensation fraud investigation and prosecution office
Status: in_force

2-15-2015 . Workers' compensation fraud investigation and prosecution office. (1) There is a workers' compensation fraud investigation and prosecution office in the department of justice. The office shall investigate and prosecute cases referred by the state compensation insurance fund or the department of labor and industry on behalf of the uninsured employers' fund. The office is under the supervision and control of the attorney general and consists of:

(a) one or more investigators qualified by education, training, experience, and high professional competence in investigative procedures who shall investigate violations of the provisions of Title 39, chapter 71, at the request of the state compensation insurance fund or the department of labor and industry on behalf of the uninsured employers' fund; and

(b) one or more attorneys licensed to practice law in Montana who shall prosecute violations of the provisions of Title 39, chapter 71. The attorneys may also assist county attorneys in prosecuting violations of Title 39, chapter 71, without charge to the county.

(2) The state compensation insurance fund, the department of labor and industry, and the department of justice shall submit to the legislature for approval one proposed biennial budget for the workers' compensation fraud office. The proposed budget for staffing and related expenses must be based upon the needs of the state compensation insurance fund and the department of labor and industry on behalf of the uninsured employers' fund for investigating and prosecuting workers' compensation fraud.
Mont. Code Ann. § 2-2-101 — MT Code / Title 2 / Chapter 2 / Part 1 / Section 2-2-101
2-2-101 Statement of purpose
Status: in_force

2-2-101 . Statement of purpose. The purpose of this part is to set forth a code of ethics prohibiting conflict between public duty and private interest as required by the constitution of Montana. This code recognizes distinctions between judges, legislators, judicial officers, other officers and employees of state government, and officers and employees of local government and prescribes some standards of conduct common to all categories and some standards of conduct adapted to each category. The provisions of this part recognize that some actions are conflicts per se between public duty and private interest while other actions may or may not pose such conflicts depending upon the surrounding circumstances.
Mont. Code Ann. § 2-7-505 — MT Code / Title 2 / Chapter 7 / Part 5 / Section 2-7-505
2-7-505 Audit scope and standards
Status: in_force

2-7-505 . Audit scope and standards. (1) Each audit must be a comprehensive audit of the affairs of the local government entity and must be made in accordance with auditing standards and in accordance with federal regulations adopted by the department by rule.

(2) The department, with cooperation from state agencies, shall prepare a local government compliance supplement that contains state and federal regulations applicable to local government entities. Auditors shall use the compliance supplement adopted pursuant to this section in conjunction with government auditing standards adopted by the department to determine the compliance testing to be performed during an audit.

(3) When auditing a county or a consolidated government, auditors shall perform tests for compliance with state laws relating to receipts and disbursements of custodial funds maintained by the entity. Findings related to compliance tests must be reported in accordance with the reporting standards for financial audits prescribed in government auditing standards adopted by the department.
Mont. Code Ann. § 2-6-1108 — MT Code / Title 2 / Chapter 6 / Part 11 / Section 2-6-1108
2-6-1108 State records committee -- duties and responsibilities
Status: in_force

2-6-1108 . State records committee -- duties and responsibilities. The purpose of the state records committee is to act as a resource for executive branch agencies and others by staying at the forefront of records management best practices. The committee shall:

(1) gather and disseminate information on all phases of records management;

(2) advise the secretary of state in developing records management standards, guidelines, and training materials;

(3) develop guidelines to help agencies identify, maintain, and secure their essential records;

(4) serve as a forum for continuing collaboration among records management, information technology, and legal professionals throughout state agencies;

(5) make recommendations to the secretary of state for rulemaking regarding public records management;

(6) regularly review existing public records laws and make recommendations to the secretary of state regarding pursuing statutory change; and

(7) report biennially to the governor and, as provided in 5-11-210 , the legislature on the activities of the committee, improvements in records management in state government, aspects of records management requiring further improvement, and committee recommendations and plans for further improvement.