Mont. Code Ann. § 5-11-106 — MT Code / Title 5 / Chapter 11 / Part 1 / Section 5-11-106
5-11-106 Authority to investigate and examine
Status: in_force

5-11-106 . Authority to investigate and examine. The legislative services division, on behalf of standing committees, select committees, or interim committees and any subcommittees of those committees, may investigate and examine state governmental activities and may examine and inspect all records, books, and files of any department, agency, commission, board, or institution of the state of Montana.
Mont. Code Ann. § 5-4-104 — MT Code / Title 5 / Chapter 4 / Part 1 / Section 5-4-104
5-4-104 Tax expenditure criteria -- legislation
Status: in_force

5-4-104 . Tax expenditure criteria -- legislation. (1) The legislature recognizes the value of relevant information when making determinations regarding tax policy and tax expenditures. The legislature also recognizes the need to reevaluate tax expenditures after enactment. In consideration of these policy goals, the legislature encourages a policy of providing an explicit purpose of a tax expenditure and termination dates of no more than 6 years in any legislation creating, expanding, or continuing a tax expenditure.

(2) As used in this section, the term "tax expenditures" means those revenue losses attributable to provisions of Montana tax laws that allow a special exclusion, exemption, or deduction from gross income or that provide a special credit, a preferential rate of tax, or a deferral of tax liability including:

(a) personal income and corporate income tax exemptions;

(b) property tax exemptions for which application to the department is necessary;

(c) deferral of income;

(d) credits allowed against Montana personal income tax or Montana corporate income tax;

(e) deductions from income; and

(f) any other identifiable preferential treatment of income or property.
Mont. Code Ann. § 5-5-414 — MT Code / Title 5 / Chapter 5 / Part 4 / Section 5-5-414
5-5-414 Time of hearing -- service of defendant
Status: in_force

5-5-414 . Time of hearing -- service of defendant. (1) The senate must assign a day for the hearing of the impeachment and inform the house of representatives thereof.

(2) The president of the senate must cause a copy of the articles of impeachment, with a notice to appear and answer the same at the time and place appointed, to be served on the defendant not less than 10 days before the day fixed for the hearing.
Mont. Code Ann. § 5-5-418 — MT Code / Title 5 / Chapter 5 / Part 4 / Section 5-5-418
5-5-418 Counsel may be appointed
Status: in_force

5-5-418 . Counsel may be appointed. (1) If the defendant appears and is unable to procure the assistance of counsel, it is the duty of the president of the senate to appoint some suitable person to assist the defendant in a defense.

(2) If the defendant is served by publication and fails to appear, it is the duty of the president of the senate to appoint some person or counsel to appear in behalf of the defendant and to make a defense.
Mont. Code Ann. § 5-13-404 — MT Code / Title 5 / Chapter 13 / Part 4 / Section 5-13-404
5-13-404 Legislative audit specialist services reserve account
Status: in_force

5-13-404 . Legislative audit specialist services reserve account. (1) There is an account in the state special revenue fund established by 17-2-102 to the credit of the legislative auditor to be known as the legislative audit specialist services reserve account. Money may be deposited in the account through an allocation of money to the account or as provided in 17-7-304 .

(2) The money in the account is statutorily appropriated, as provided in 17-7-502 , to the legislative auditor and may be used only for contracted services necessary to provide specialist expertise in support of activities authorized under this chapter.

(3) Allocations of money to the account must be approved by the legislative audit committee provided for in 5-13-201 , and the balance in the account may not exceed $50,000, not including interest earnings.

(4) The money in the account may be expended with the approval of the legislative auditor, who shall advise and consult with the legislative audit committee on the use of the money and the disposition of the account.

(5) The money in the account must be invested pursuant to Title 17, chapter 6. The income and earnings on the account must be deposited in the account.
Mont. Code Ann. § 5-7-111 — MT Code / Title 5 / Chapter 7 / Part 1 / Section 5-7-111
5-7-111 Commissioner to make rules
Status: in_force

5-7-111 . Commissioner to make rules. (1) The commissioner shall promulgate and publish rules necessary to carry out the provisions of this chapter in conformance with the Montana Administrative Procedure Act and, in particular, shall provide rules necessary to allocate salary, expenses, and any other payments between lobbying activities and other activities not connected with lobbying for any person whose activities are not solely limited to lobbying.

(2) Such rules shall be designed to effect and promote the purposes of this chapter, express or implied. Such rules shall be as simple and easily complied with as possible.
Mont. Code Ann. § 5-4-204 — MT Code / Title 5 / Chapter 4 / Part 2 / Section 5-4-204
5-4-204 Submission of fiscal note -- sponsor's fiscal note rebuttal -- distribution to legislators
Status: in_force

5-4-204 . Submission of fiscal note -- sponsor's fiscal note rebuttal -- distribution to legislators. (1) A completed fiscal note must be submitted by the budget director to the presiding officer who requested it. Upon receipt of the completed fiscal note, the presiding officer shall notify the sponsor of the bill for which the fiscal note was prepared that the fiscal note has been completed and is available for review. Within 24 hours following notification, the sponsor shall:

(a) notify the presiding officer that the sponsor concurs with the completed fiscal note;

(b) request additional time, not to exceed 24 hours, to consult with the budget director on the fiscal note; or

(c) elect to prepare a sponsor's fiscal note rebuttal as provided in subsection (4).

(2) (a) If the sponsor concurs with the completed fiscal note prepared by the budget director or elects to prepare a sponsor's fiscal note rebuttal, the presiding officer shall refer the completed fiscal note prepared by the budget director to the committee considering the bill. If the bill is printed, the note must be reproduced and placed on the members' desks.

(b) If the sponsor requests additional time to consult with the budget director, the presiding officer shall notify the sponsor and the budget director of the time, not to extend beyond the time limitation specified in subsection (1)(b), by which:

(i) the budget director shall submit a revised completed fiscal note to the presiding officer;

(ii) the sponsor shall notify the presiding officer that the sponsor concurs with the original completed fiscal note; or

(iii) the sponsor shall elect to prepare a sponsor's fiscal note rebuttal as provided in subsection (4).

(3) At the time specified as provided in subsection (2)(b), the presiding officer shall refer the original or, if revised, the revised fiscal note to the committee considering the bill. If the bill is printed, the note must be reproduced and placed on the members' desks.

(4) (a) If a sponsor elects to prepare a sponsor's fiscal note rebuttal, the sponsor shall prepare the fiscal note rebuttal on a form provided by the legislative services division and return the completed sponsor's fiscal note rebuttal form to the presiding officer within 4 days of the election to prepare a sponsor's fiscal note rebuttal. The form must identify the bill number, the sponsor of the bill, the date prepared, the version of the fiscal note being rebutted, the reasons the sponsor disagrees with the fiscal note, the items or assumptions in the fiscal note that the sponsor believes are incorrect, and the sponsor's estimate of the fiscal impact, if an estimate is available.

(b) The presiding officer may grant additional time to the sponsor to prepare the sponsor's fiscal note rebuttal.

(c) Upon receipt of the completed sponsor's fiscal note rebuttal form, the presiding officer shall refer it to the committee hearing the bill. If the bill is printed, the form must be identified as a sponsor's fiscal note rebuttal, reproduced, and placed on the members' desks.
Mont. Code Ann. § 5-11-208 — MT Code / Title 5 / Chapter 11 / Part 2 / Section 5-11-208
5-11-208 Expenses
Status: in_force

5-11-208 . Expenses. The expenses incurred by the legislative services division in carrying into effect 5-11-202 , 5-11-203 , and 5-11-205 through 5-11-207 must be paid out of money appropriated for that purpose.
Mont. Code Ann. § 5-4-103 — MT Code / Title 5 / Chapter 4 / Part 1 / Section 5-4-103
5-4-103 Rulemaking authority
Status: in_force

5-4-103 . Rulemaking authority. A statute delegating rulemaking authority to an agency must contain specific guidelines describing for the agency and the public what the rules may and may not contain.
Mont. Code Ann. § 5-12-502 — MT Code / Title 5 / Chapter 12 / Part 5 / Section 5-12-502
5-12-502 Composition of interim budget committees -- compensation
Status: in_force

5-12-502 . Composition of interim budget committees -- compensation. (1) The composition of each interim budget committee is the full membership of the joint budget subcommittee that considers agency budgets consistent with the agency oversight established in 5-12-501 during each legislative session.

(2) Members of the committees are entitled to receive compensation and expenses as provided in 5-2-302 .
Mont. Code Ann. § 5-12-102 — MT Code / Title 5 / Chapter 12 / Part 1 / Section 5-12-102
5-12-102 Definitions
Status: in_force

5-12-102 . Definitions. In this chapter, the following definitions apply:

(1) "Budget amendment" means a request submitted through the budget director to the committee for executive branch agencies to expend funds in excess of those appropriated by the legislature.

(2) "Budget director" means the budget director appointed pursuant to 17-7-103 .

(3) "Committee" means the legislative finance committee created by this chapter.

(4) "State agency" means all offices, departments, boards, commissions, institutions, universities, colleges, and any other person or any other administrative unit of state government that spends or encumbers public moneys by virtue of an appropriation from the legislature, that handles money on behalf of the state, or that holds any trust or agency moneys from any source.
Mont. Code Ann. § 5-12-202 — MT Code / Title 5 / Chapter 12 / Part 2 / Section 5-12-202
5-12-202 Appointment of members
Status: in_force

5-12-202 . Appointment of members. (1) The legislative finance committee consists of:

(a) four members of the senate finance and claims committee appointed by the presiding officer;

(b) subject to 5-5-234 , two members of the senate appointed at large by the committee on committees;

(c) four members of the house of representatives appropriations committee appointed by the presiding officer; and

(d) subject to 5-5-234 , two members of the house appointed at large by the speaker.

(2) These members must be appointed before the end of each legislative session. Three members of each house, two committee members and one at-large member, must be from the majority party and the other three members appointed from that house must be from the minority party.

(3) Presiding officers of interim budget committees are ex officio nonvoting members of the legislative finance committee.
Mont. Code Ann. § 5-7-203 — MT Code / Title 5 / Chapter 7 / Part 2 / Section 5-7-203
5-7-203 Principal -- name of lobbyist on docket
Status: in_force

5-7-203 . Principal -- name of lobbyist on docket. Each principal who employs a lobbyist shall within 1 week after the employment cause the name of the lobbyist to be entered upon the docket. It is also the duty of the lobbyist to enter the lobbyist's name upon the docket. Upon the termination of employment, that fact may be entered opposite the name of the lobbyist either by the lobbyist or by the principal.
Mont. Code Ann. § 5-2-106 — MT Code / Title 5 / Chapter 2 / Part 1 / Section 5-2-106
5-2-106 Legislative standing to institute or defend lawsuit -- compelling enforcement of legislative enactments
Status: in_force

5-2-106 . Legislative standing to institute or defend lawsuit -- compelling enforcement of legislative enactments. (1) The legislature has standing to sue or defend a lawsuit on behalf of the legislature in the courts of this state when:

(a) a challenge to the constitutionality of legislation enacted by the legislature is at issue in a lawsuit; or

(b) (i) legislation enacted is not being implemented by an entity with the duty to execute the law, thereby impeding compliance with legislation, session law, or a statute;

(ii) the alleged injury to the legislature due to the failure to implement a statute is distinguishable from the injury to members of the public even if they suffer an injury; and

(iii) the alleged injury to the legislature would effectively be immunized from review if the legislature did not have standing.

(2) (a) Before the legislature may pursue the remedy provided in subsection (1)(b), a demand letter provided for in subsection (2)(b) must be provided to the entity with the duty to execute or implement the law. If the public officer of the entity fails to respond in writing within 30 days of receipt of the letter by indicating that the entity will address the concerns in the letter immediately, the legislature may provide consent through the procedure in subsection (3) to initiate a lawsuit to ensure compliance with a statutory duty through a petition for mandamus. The provisions of Title 27 related to mandamus and related case law do not apply to this section. To prevail, the legislature is not required to prove that it or other parties have no alternative adequate remedy to obtain compliance with statutory duties.

(b) The demand letter provided for in subsection (2)(a) must:

(i) be in writing and reference the legislation, session law, or statute that is not being implemented by the entity;

(ii) provide any relevant information for the entity to consider regarding the alleged failure to comply with the law;

(iii) be signed by one or more sitting legislators; and

(iv) provide notice that it is issued pursuant to the authority of this section.

(3) Legislative consent to initiate an action under this section may be obtained by:

(a) a majority vote in each house on a joint resolution during a regular or special session of the legislature; or

(b) a majority vote in each house through a poll of the legislature as provided for under subsection (4) when the legislature is not in session.

(4) (a) When the legislature is not in session, if 20 or more legislators request a poll in writing pursuant to subsection (3)(b), the secretary of state shall poll the members of the legislature to determine if a majority of the members of the house of representatives and a majority of the members of the senate are in favor of a legislative declaration to pursue an action under subsection (1)(a) or (1)(b).

(b) The request must:

(i) state the conditions warranting the poll;

(ii) if applicable, contain the demand letter sent to the entity provided for in subsection (2) and any written response from the entity; and

(iii) contain a legislative declaration that addresses the action sought or issue to be addressed and the type of action to be pursued in subsection (1).

(c) Within 3 calendar days after receiving a request, the secretary of state shall send a ballot to all legislators by using any reasonable and reliable means, including electronic delivery, that contains:

(i) the legislative declaration subject to the vote; and

(ii) the date by which legislators shall return the ballot, which may not be more than 10 calendar days after the date the ballots are sent.

(d) A legislator may cast and return a vote by delivering the ballot in person, by mailing, or by sending the ballot by facsimile transmission or electronic mail to the office of the secretary of state. A legislator may not change the legislator's vote after the ballot is received by the secretary of state. The secretary of state shall tally the votes within 1 working day after the date for return of the votes. If a majority of the members of each house vote to approve the declaration, the declaration that was sent with the ballot has the force and effect authorizing the action requested in the declaration. A ballot that is not returned by the deadline established by the secretary of state is considered a vote against the declaration.

(5) Nothing in this section supersedes the authority of the attorney general to represent the state of Montana.
Mont. Code Ann. § 5-12-304 — MT Code / Title 5 / Chapter 12 / Part 3 / Section 5-12-304
5-12-304 Employees and consultants
Status: in_force

5-12-304 . Employees and consultants. The legislative fiscal analyst may engage personnel and consultants to fulfill the duties of the division within the limits of appropriations for the division. The legislative fiscal analyst may define the duties of personnel engaged and shall fix the salaries of employees in accordance with the rules for classification and pay adopted by the legislative council.
Mont. Code Ann. § 5-11-207 — MT Code / Title 5 / Chapter 11 / Part 2 / Section 5-11-207
5-11-207 Description of county boundaries included in session laws
Status: in_force

5-11-207 . Description of county boundaries included in session laws. The legislative services division shall include in the published session laws a description of the county boundaries of any new counties of the state created by petition and election, commencing with counties created after January 1, 1921, by inserting in each set of session laws new counties that have been created since the publication of the laws of the previous session.
Mont. Code Ann. § 5-11-213 — MT Code / Title 5 / Chapter 11 / Part 2 / Section 5-11-213
5-11-213 Exclusions
Status: in_force

5-11-213 . Exclusions. Each general circulation newspaper published in Montana and each radio or television station broadcasting in Montana that has registered with the executive director of the legislative services division is exempt from 5-11-212 and shall receive one complete set of the proceedings of the legislature for the ensuing biennium without charge.
Mont. Code Ann. § 5-2-401 — MT Code / Title 5 / Chapter 2 / Part 4 / Section 5-2-401
5-2-401 Definitions
Status: in_force

5-2-401 . Definitions. (1) As used in 5-2-406 , "term" means the 4-year period to which a senator is normally elected in the absence of a vacancy.

(2) For the purposes of this part, "vacancy" or "vacancies" has the same meaning as prescribed in 2-16-501 .
Mont. Code Ann. § 5-5-431 — MT Code / Title 5 / Chapter 5 / Part 4 / Section 5-5-431
5-5-431 Nature of judgment
Status: in_force

5-5-431 . Nature of judgment. The judgment in the impeachment may be that the defendant be suspended or that the defendant be removed from office and disqualified to hold any office of honor, trust, or profit under the state.
Mont. Code Ann. § 5-12-401 — MT Code / Title 5 / Chapter 12 / Part 4 / Section 5-12-401
5-12-401 Submission of budget amendments to committee
Status: in_force

5-12-401 . Submission of budget amendments to committee. All budget amendments for state agencies must be submitted through the budget director to the legislative finance committee as soon as received by the budget director. No state agency shall expend in excess of its legislative appropriation, which includes a lawfully approved and valid budget amendment.
Mont. Code Ann. § 5-3-108 — MT Code / Title 5 / Chapter 3 / Part 1 / Section 5-3-108
5-3-108 Failure to approve special session -- ballots void
Status: in_force

5-3-108 . Failure to approve special session -- ballots void. (1) Subject to subsection (2), if a majority of the legislators fail to approve the call for a special session within 30 days after the secretary of state mails the ballots or notifies each legislator, all ballots are void and may not be used again.

(2) When the purpose of the special session is to consider an existing state of emergency or disaster declared under the authority of 10-3-303 , if a majority of the legislators fail to approve the call for a special session within 7 calendar days after the secretary of state sends the ballots or notifies each legislator pursuant to 5-3-106 (2), all ballots are void and may not be used again.

(3) If a poll is not approved under subsection (1) or (2), the entire process must be repeated to call the legislature into special session.
Mont. Code Ann. § 5-3-101 — MT Code / Title 5 / Chapter 3 / Part 1 / Section 5-3-101
5-3-101 Convening of special session -- limiting subjects -- committee meetings -- compensation
Status: in_force

5-3-101 . Convening of special session -- limiting subjects -- committee meetings -- compensation. (1) The legislature may be convened in special session by the governor or at the written request of a majority of the members. Subject to 5-5-227 , the governor or the legislature may limit the special session to the subjects specified in the call.

(2) (a) A standing committee of the legislature may meet prior to a special session for the purpose of holding hearings and taking action on preintroduced legislation that has been referred to that committee.

(b) Public notice of a hearing to be held by a standing committee prior to a special session must be given at least 7 days before the hearing.

(3) Members of the legislature engaged in presession business for a special session are entitled to receive compensation and expenses as provided in 5-2-302 . Members of the legislature are entitled to receive compensation and expenses, as provided in 5-2-301 , for the day prior to the convening of a special session.
Mont. Code Ann. § 5-13-310 — MT Code / Title 5 / Chapter 13 / Part 3 / Section 5-13-310
5-13-310 Prosecution -- discipline of professionals
Status: in_force

5-13-310 . Prosecution -- discipline of professionals. (1) The attorney general shall conduct on behalf of the state all prosecutions for public offenses involving a state agency that are reported to the attorney general by the legislative auditor.

(2) If the attorney general declines the prosecution or fails to commence action on a public offense within a reasonable time, the county attorney of the appropriate county shall conduct on behalf of the state the prosecution.

(3) In an action taken by the attorney general or a county attorney under this section, in which a professional person in the state of Montana is charged or may have engaged in unethical conduct, all records or certified copies of the records, including investigative materials, must be turned over to the appropriate disciplinary authority for the profession immediately upon completion of the action.
Mont. Code Ann. § 5-3-106 — MT Code / Title 5 / Chapter 3 / Part 1 / Section 5-3-106
5-3-106 Procedure for polling legislators
Status: in_force

5-3-106 . Procedure for polling legislators. (1) Within 5 days after receiving a request, the secretary of state shall send to all legislators by certified mail a ballot that contains:

(a) the names of the legislators making the request;

(b) the reasons for calling the special session;

(c) the purposes of the special session;

(d) draft legislation to be proposed during the special session drafted by the legislative services division as provided in 5-3-105 ;

(e) the requested convening date and time of the special session;

(f) subject to subsection (2), the date by which legislators shall return the ballot, which may not be more than 30 days after the date of the mailing of the ballots; and

(g) a stamped return envelope.

(2) Within 2 calendar days after receiving a request to consider an existing state of emergency or disaster declared under the authority of 10-3-303 , the secretary of state shall send a ballot that complies with subsection (1) using any reasonable and reliable means, including electronic delivery, and is not required to use certified mail. The date by which legislators shall return the ballot specified in this subsection (2) may not be more than 7 calendar days after the date the ballots were sent.
Mont. Code Ann. § 5-12-501 — MT Code / Title 5 / Chapter 12 / Part 5 / Section 5-12-501
5-12-501 Interim budget committees
Status: in_force

5-12-501 . Interim budget committees. (1) During an interim when the legislature is not in session, the committees listed in subsection (2) are the interim budget committees of the legislature. They are empowered to sit as committees and may act in their respective areas of responsibility.

(2) The following are the interim budget committees of the legislature:

(a) general government budget committee to oversee the budget activities of the department of administration, department of military affairs, department of commerce, state auditor's office, governor's office, secretary of state, commissioner of political practices, department of revenue, department of labor and industry, legislative branch, and consumer counsel;

(b) health and human services budget committee to oversee the budget activities of the department of public health and human services;

(c) natural resources and transportation budget committee to oversee the budget activities of the department of livestock, department of environmental quality, department of agriculture, department of natural resources and conservation, department of transportation, and department of fish, wildlife, and parks;

(d) judicial branch, law enforcement, and justice budget committee to oversee the budget activities of the judicial branch, department of justice, public service regulation, office of state public defender, and department of corrections; and

(e) education budget committee to oversee budget activities related to the Montana arts council, Montana historical society, board of public education, office of public instruction, school for the deaf and blind, Montana state library, and commissioner of higher education; and

(f) long-range planning budget committee to oversee the budget activities related to long-range program implementation issues considered by the subcommittee during the session.

(3) An interim budget committee may refer an issue to an interim committee provided for in 5-5-202 that the referring committee determines to be more appropriate for the consideration of the issue.

(4) If there is a dispute between interim committees and an interim budget committee as to which committee has proper jurisdiction over a subject, the legislative council and legislative finance committee shall consult and determine the most appropriate committee and assign the subject to that committee.

(5) Interim budget committees may not be assigned interim studies pursuant to 5-5-217 .
Mont. Code Ann. § 5-4-308 — MT Code / Title 5 / Chapter 4 / Part 3 / Section 5-4-308
5-4-308 Transmittal of veto messages to legislative services division
Status: in_force

5-4-308 . Transmittal of veto messages to legislative services division. The governor shall transmit one copy of each veto message to the legislative services division.
Mont. Code Ann. § 5-13-411 — MT Code / Title 5 / Chapter 13 / Part 4 / Section 5-13-411
5-13-411 Legislative auditor to approve contracts for audit services
Status: in_force

5-13-411 . Legislative auditor to approve contracts for audit services. No contract for an audit of a state agency may be entered into without the approval of the legislative auditor.
Mont. Code Ann. § 5-13-301 — MT Code / Title 5 / Chapter 13 / Part 3 / Section 5-13-301
5-13-301 Legislative audit division
Status: in_force

5-13-301 . Legislative audit division. There is a legislative audit division. The legislative auditor is responsible to manage the division in order to perform the duties imposed by this chapter.
Mont. Code Ann. § 5-15-105 — MT Code / Title 5 / Chapter 15 / Part 1 / Section 5-15-105
5-15-105 Officers
Status: in_force

5-15-105 . Officers. The committee shall elect one of its members as presiding officer and other officers that it determines necessary.
Mont. Code Ann. § 5-11-212 — MT Code / Title 5 / Chapter 11 / Part 2 / Section 5-11-212
5-11-212 Fees for proceedings -- electronic version requirement
Status: in_force

5-11-212 . Fees for proceedings -- electronic version requirement. (1) A complete set of the proceedings of a regular or special session of the legislature may be purchased from the legislative services division for the amount prescribed by the legislative council. Upon receipt of payment, the executive director of the legislative services division shall supply the purchaser with a complete set of the proceedings.

(2) A purchaser who requests that a set of the proceedings be mailed shall pay an additional fee as prescribed by the council for each complete set that is mailed.

(3) The legislative services division shall provide an electronic version of each bill and resolution and each amendment to a bill or resolution.

(4) The executive director of the legislative services division shall account for all funds collected under this section and shall transmit the funds to the treasurer of the state of Montana, who shall credit them to the general fund.
Mont. Code Ann. § 5-13-303 — MT Code / Title 5 / Chapter 13 / Part 3 / Section 5-13-303
5-13-303 Term and removal
Status: in_force

5-13-303 . Term and removal. (1) The legislative auditor is responsible solely to the legislature.

(2) (a) The legislative auditor shall hold office for a term of 2 years beginning with July 1 of each even-numbered year.

(b) The committee may not condition the legislative auditor's reemployment after a 2-year period based on the review, recommendation, or feedback of a state agency.

(c) A tie vote by the committee does not negate approval of the legislative auditor's continued employment after initial appointment or reappointment after a 2-year period.

(d) The committee may remove the legislative auditor for misfeasance, malfeasance, or nonfeasance in office at any time after notice and hearing.
Mont. Code Ann. § 5-12-602 — MT Code / Title 5 / Chapter 12 / Part 6 / Section 5-12-602
5-12-602 Modernization and risk analysis committee -- terms -- officers -- compensation
Status: in_force

5-12-602 . Modernization and risk analysis committee -- terms -- officers -- compensation. (1) Except for interim committee members invited pursuant to 5-12-601 (2)(c), appointments to the modernization and risk analysis committee are for 2 years, and a member of the committee shall serve until the member's term of office as a legislator ends or until a successor is appointed, whichever occurs first.

(2) The modernization and risk analysis committee shall elect one of its members as presiding officer and other officers that it considers necessary.

(3) Members of the modernization and risk analysis committee and invited interim committee members are entitled to receive compensation and expenses as provided in 5-2-302 . Public members are entitled to receive compensation and expenses as provided in 5-2-302 and 5-5-211 .

(4) If a vacancy occurs on the modernization and risk analysis committee established in 5-12-601 when the legislature is not in session, the new member must be appointed by the same method as the original appointment to complete the unexpired term.
Mont. Code Ann. § 5-7-211 — MT Code / Title 5 / Chapter 7 / Part 2 / Section 5-7-211
5-7-211 Governmental responses not lobbying payments
Status: in_force

5-7-211 . Governmental responses not lobbying payments. Budget preparation or response to requests of a house or committee of the legislature by any governmental entity shall not be considered lobbying payments for the purposes of this chapter.
Mont. Code Ann. § 5-5-214 — MT Code / Title 5 / Chapter 5 / Part 2 / Section 5-5-214
5-5-214 Interim activity
Status: in_force

5-5-214 . Interim activity. The interim committees shall perform their functions when the legislature is not in session. The personnel, data, and facilities of the legislative services division and other appropriate legislative entities must be made available to the interim committees.
Mont. Code Ann. § 5-13-101 — MT Code / Title 5 / Chapter 13 / Part 1 / Section 5-13-101
5-13-101 Title and purpose of chapter
Status: in_force

5-13-101 . Title and purpose of chapter. (1) This chapter may be cited as "The Legislative Audit Act".

(2) Because the legislature is responsible for authorizing the expenditure of public money, designating the sources from which money may be collected, and shaping the administration to perform the work of state government and is held finally accountable for fiscal policy, the legislature should also be responsible for the audit of books, accounts, activities, and records so that it may be assured that its directives have been carried out. It is the intent of this chapter that each agency of state government be audited for the purpose of furnishing the legislature with factual information vital to the discharge of its legislative duties.
Mont. Code Ann. § 5-1-106 — MT Code / Title 5 / Chapter 1 / Part 1 / Section 5-1-106
5-1-106 Legislative services division to provide technical and clerical services
Status: in_force

5-1-106 . Legislative services division to provide technical and clerical services. The executive director of the legislative services division, under the direction of the commission, shall provide the technical staff and clerical services that the commission needs to prepare its districting and apportionment plans.
Mont. Code Ann. § 5-13-202 — MT Code / Title 5 / Chapter 13 / Part 2 / Section 5-13-202
5-13-202 Appointment and term of members -- officers -- vacancies
Status: in_force

5-13-202 . Appointment and term of members -- officers -- vacancies. (1) The legislative audit committee consists of six members of the senate and six members of the house of representatives appointed before the end of each regular session in the same manner as standing committees of the respective houses are appointed. Subject to 5-5-234 , three of the appointees of each house must be members of the majority party and three of the appointees of each house must be members of the minority party.

(2) A member of the committee shall serve until the member's term of office as a legislator ends or until a successor is appointed, whichever occurs first.

(3) The committee shall elect one of its members as presiding officer and other officers as it considers necessary. If a party has a majority of both chambers, the presiding officer must be from that party.

(4) A vacancy on the committee occurring when the legislature is not in session must be filled by the selection of a member of the legislature by the remaining members of the committee. If there is a vacancy on the committee at the beginning of a legislative session because a member's term of office as a legislator has ended, a member of the same political party must be appointed in the same manner as the original appointment, no later than the 10th legislative day, to serve until a successor is appointed under subsection (1).
Mont. Code Ann. § 5-11-405 — MT Code / Title 5 / Chapter 11 / Part 4 / Section 5-11-405
5-11-405 Legislative branch information technology plan -- adoption
Status: in_force

5-11-405 . Legislative branch information technology plan -- adoption. The legislative branch information technology plan is a biennial plan that reflects the budget proposals for the next biennium that must be approved and adopted by the legislative council.
Mont. Code Ann. § 5-7-120 — MT Code / Title 5 / Chapter 7 / Part 1 / Section 5-7-120
5-7-120 Full disclosure of public expenditures on federal lobbying
Status: in_force

5-7-120 . Full disclosure of public expenditures on federal lobbying. (1) Each quarter of a fiscal year that a state agency or a local government, as the terms are defined in 2-2-102 , makes an expenditure for the services of a lobbyist to lobby an elected federal official or an appointee of an elected federal official, the state agency or local government shall make readily available for public inspection upon request a summary report itemizing each lobbying service provided and how much money was spent for each service.

(2) Each state agency and local government subject to subsection (1) shall:

(a) designate an office from which a copy of the report may be obtained; and

(b) post a copy of the report to the agency's or local government's website on the internet, if the agency or local government has a website.

(3) For purposes of this section:

(a) "expenditure" means a payment by the state agency or local government or a payment by a contractor of the state agency or local government; and

(b) "lobbying" means the practice of promoting or opposing an official action by an elected federal official or an appointee of an elected federal official.
Mont. Code Ann. § 5-12-204 — MT Code / Title 5 / Chapter 12 / Part 2 / Section 5-12-204
5-12-204 Vacancies
Status: in_force

5-12-204 . Vacancies. If a vacancy occurs on the committee when the legislature is not in session, the remaining members shall select a member of the appropriate political party and appropriate committee, as provided in 5-12-202 , to complete the unexpired term. If there is a vacancy on the committee at the beginning of a legislative session because a member's term of office as a legislator has ended, a member of the same political party must be appointed in the same manner as the original appointment, no later than the 10th legislative day, to serve until a successor is appointed under 5-12-202 .
Mont. Code Ann. § 5-5-225 — MT Code / Title 5 / Chapter 5 / Part 2 / Section 5-5-225
5-5-225 Children, families, health, and human services interim committee
Status: in_force

5-5-225 . Children, families, health, and human services interim committee. The children, families, health, and human services interim committee has administrative rule review, draft legislation review, program evaluation, and monitoring functions for the department of public health and human services and the entities attached to the department for administrative purposes.
Mont. Code Ann. § 5-5-423 — MT Code / Title 5 / Chapter 5 / Part 4 / Section 5-5-423
5-5-423 Judgment on conviction -- how finalized
Status: in_force

5-5-423 . Judgment on conviction -- how finalized. On the adoption of the resolution by a majority of the members present who voted on the question of acquittal or conviction, it becomes the judgment of the senate.
Mont. Code Ann. § 5-1-104 — MT Code / Title 5 / Chapter 1 / Part 1 / Section 5-1-104
5-1-104 Compensation and expenses
Status: in_force

5-1-104 . Compensation and expenses. Commissioners are entitled to the same compensation and expenses as provided to members of the legislature in 5-2-302 while attending commission meetings or carrying out the official duties of the commission.
Mont. Code Ann. § 5-1-108 — MT Code / Title 5 / Chapter 1 / Part 1 / Section 5-1-108
5-1-108 Public hearing on plans
Status: in_force

5-1-108 . Public hearing on plans. (1) Before the commission files its final congressional redistricting plan with the secretary of state, the commission shall hold at least one public hearing on it.

(2) Before the commission submits its legislative redistricting plan to the legislature, it shall hold at least one public hearing on the plan at the state capitol.

(3) The commission may hold other hearings as it deems necessary.
Mont. Code Ann. § 5-5-215 — MT Code / Title 5 / Chapter 5 / Part 2 / Section 5-5-215
5-5-215 Duties of interim committees
Status: in_force

5-5-215 . Duties of interim committees. (1) Each interim committee shall:

(a) review administrative rules within its jurisdiction;

(b) subject to 5-5-217 (3), conduct interim studies as assigned;

(c) monitor the operation of assigned executive branch agencies with specific attention to the following:

(i) identification of issues likely to require future legislative attention;

(ii) opportunities to improve existing law through the analysis of problems experienced with the application of the law by an agency; and

(iii) experiences of the state's citizens with the operation of an agency that may be amenable to improvement through legislative action;

(d) review, if requested by any member of the interim committee, the statutorily established advisory councils and required reports of assigned agencies to make recommendations to the next legislature on retention or elimination of any advisory council or required reports pursuant to 5-11-210 ;

(e) review proposed legislation of assigned agencies or entities as provided in the joint legislative rules;

(f) accumulate, compile, analyze, and furnish information bearing upon its assignment and relevant to existing or prospective legislation as it determines, on its own initiative, to be pertinent to the adequate completion of its work; and

(g) review proposed statewide initiatives as defined in 13-27-110 within the interim committee's subject area and vote to either support or not support the placement of the text of the proposed statewide initiative on the ballot in accordance with 13-27-228 .

(2) Each interim committee shall prepare bills and resolutions that, in its opinion, the welfare of the state may require for presentation to the next regular session of the legislature. An interim committee may by vote request five bill drafts on a partisan basis and an unlimited number of bill drafts on a bipartisan basis.

(3) The legislative services division shall keep accurate records of the activities and proceedings of each interim committee.

(4) As used in this section:

(a) "bipartisan basis" means a vote in which members from more than one party vote to request a bill draft; and

(b) "partisan basis" means a vote in which members from only the majority party vote to request a bill draft.
Mont. Code Ann. § 5-2-403 — MT Code / Title 5 / Chapter 2 / Part 4 / Section 5-2-403
5-2-403 Appointee to be of same political party
Status: in_force

5-2-403 . Appointee to be of same political party. (1) Whenever an appointee's predecessor served as a member of a political party, the appointee named under 5-2-402 must be a member of the same political party and must be selected from a list of three individuals provided:

(a) by the county central committee in a district within a single county; or

(b) by the county central committees, acting together, in a multicounty district, as described in 5-2-402 .

(2) Whenever the appointing board is unable to elect an appointee from the submitted list, the appointing board shall request a second list of three names from the county central committee or committees. The second list may not contain any of the names submitted on the first list. The appointing board shall then select an appointee from the individuals named on both lists.

(3) The provisions of this section do not apply if the predecessor served as an independent.
Mont. Code Ann. § 5-5-112 — MT Code / Title 5 / Chapter 5 / Part 1 / Section 5-5-112
5-5-112 Immunity of witness
Status: in_force

5-5-112 . Immunity of witness. (1) A person sworn and examined before either house of the legislature or any committee of the legislature may not be held to answer criminally or be subject to any penalty or forfeiture for any fact or act relating to the required testimony. A statement made or paper produced by the witness is not competent evidence in any criminal proceeding against the witness.

(2) A witness cannot refuse to testify to any fact or to produce any paper concerning which the witness is examined for the reason that the witness's testimony or the production of the paper tends to disgrace the witness or render the witness infamous.

(3) This section does not exempt a witness from prosecution and punishment for perjury committed by the witness during the examination.
Mont. Code Ann. § 5-4-101 — MT Code / Title 5 / Chapter 4 / Part 1 / Section 5-4-101
5-4-101 Form of enacting clause
Status: in_force

5-4-101 . Form of enacting clause. The enacting clause of every law shall be as follows: "Be it enacted by the Legislature of the State of Montana:".
Mont. Code Ann. § 5-4-301 — MT Code / Title 5 / Chapter 4 / Part 3 / Section 5-4-301
5-4-301 Bills received by governor -- how endorsed
Status: in_force

5-4-301 . Bills received by governor -- how endorsed. Each bill passed by the legislature, except bills proposing amendments to the Montana constitution, bills ratifying proposed amendments to the United States constitution, resolutions, and initiative and referendum measures, must be submitted to the governor for the governor's signature. Each bill must, as soon as it is delivered to the governor, be endorsed as follows: "This bill was received by the governor this .... day of ...., 20...". The endorsement must be signed by the governor or by an assistant authorized by the governor.
Mont. Code Ann. § 5-11-402 — MT Code / Title 5 / Chapter 11 / Part 4 / Section 5-11-402
5-11-402 Legislative branch information technology planning council
Status: in_force

5-11-402 . Legislative branch information technology planning council. There is a legislative branch information technology planning council composed of:

(1) the secretary of the senate;

(2) one representative of the senate designated by the president;

(3) the chief clerk of the house of representatives;

(4) one representative of the house designated by the speaker;

(5) the executive director of the legislative services division, who shall chair the planning council;

(6) the legislative auditor;

(7) the legislative fiscal analyst;

(8) the consumer counsel;

(9) the chief information officer of the legislative branch; and

(10) a person designated by the director of the department of administration to represent the information technology responsibilities of the department, who shall serve as a nonvoting member of the planning council.
Mont. Code Ann. § 5-11-120 — MT Code / Title 5 / Chapter 11 / Part 1 / Section 5-11-120
5-11-120 Legislative branch retirement termination reserve account
Status: in_force

5-11-120 . Legislative branch retirement termination reserve account. (1) There is a legislative branch retirement termination reserve account in the state special revenue fund. Money may be deposited in the account through an allocation of money to the account or as provided in 17-7-304 .

(2) (a) The money in the account is statutorily appropriated, as provided in 17-7-502 , to the legislative services division to be used only for staff retirement termination pay in the legislative branch.

(b) The money in the account may be expended only with the approval of the appropriate branch division director for eligible termination pay expenditures for division staff.

(3) The account is limited to an amount to be calculated at the beginning of each biennium based on an analysis by branch division directors of the staff eligible for retirement within the biennium. For the 2009 biennium, the limit is set at $400,000.

(4) The money in the account must be invested pursuant to Title 17, chapter 6. The income and earnings on the account must be deposited in the account.
Mont. Code Ann. § 5-12-205 — MT Code / Title 5 / Chapter 12 / Part 2 / Section 5-12-205
5-12-205 Powers and duties of committee
Status: in_force

5-12-205 . Powers and duties of committee. The committee:

(1) may organize, adopt rules to govern its proceedings, form subcommittees, and meet as often as necessary, upon the call of the presiding officer, to advise and consult with the legislative fiscal analyst;

(2) may employ and, in accordance with the rules for classification and pay adopted by the legislative council, set the salary of the legislative fiscal analyst. The legislative fiscal analyst shall serve at the pleasure of and be responsible for providing services to the committee.

(3) may exercise the investigatory powers of a standing committee under chapter 5, part 1, of this title;

(4) shall monitor the information technology policies of the department of administration with specific attention to:

(a) identification of information technology issues likely to require future legislative attention; and

(b) the evaluation of proposed information technology policy changes and the fiscal implications of the proposed changes and shall provide written responses to the department of administration communicating the committee's positions and concerns on proposed policy changes;

(5) may accumulate, compile, analyze, and provide information relevant to existing or proposed legislation on how information technology can be used to impact the welfare of the state;

(6) may prepare legislation to implement any proposed changes involving information technology;

(7) shall, before each regular and special legislative session involving budgetary matters, prepare recommendations to the house appropriations committee and the senate finance and claims committee on the application of certain budget issues. At a minimum, the recommendations must include procedures for the consistent application during each session of inflation factors, the allocation of fixed costs, and the personal services budget. The committee may also make recommendations on other issues of major concern in the budgeting process, such as estimating the cost of implementing particular programs based upon present law.

(8) may, for the biennium beginning July 1, 2021, in consultation with the speaker of the house, appoint up to six ad hoc nonvoting committee members from the house of representatives. These members may participate in meetings but may not vote.
Mont. Code Ann. § 5-5-232 — MT Code / Title 5 / Chapter 5 / Part 2 / Section 5-5-232
5-5-232 Local government interim committee
Status: in_force

5-5-232 . Local government interim committee. There is a local government interim committee. The committee is treated as an interim committee for the purposes of 5-5-211 through 5-5-214 . The local government interim committee shall:

(1) act as a liaison with local governments;

(2) promote and strengthen local government through recognition of the principle that strong communities with effective, democratic governmental institutions are one of the best assurances of a strong Montana;

(3) bring together representatives of state and local government for consideration of common problems;

(4) provide a forum for discussing state oversight of local functions, realistic local autonomy, and intergovernmental cooperation;

(5) identify and promote the most desirable allocation of state and local government functions, responsibilities, and revenue;

(6) promote concise, consistent, and uniform regulation for local government;

(7) coordinate and simplify laws, rules, and administrative practices in order to achieve more orderly and less competitive fiscal and administrative relationships between and among state and local governments;

(8) review state mandates to local governments that are subject to 1-2-112 and 1-2-114 through 1-2-116 ;

(9) make recommendations to the legislature, executive branch agencies, and local governing bodies concerning:

(a) changes in statutes, rules, ordinances, and resolutions that will provide concise, consistent, and uniform guidance and regulations for local government;

(b) changes in tax laws that will achieve more orderly and less competitive fiscal relationships between levels of government;

(c) methods of coordinating and simplifying competitive practices to achieve more orderly administrative relationships among levels of government; and

(d) training programs and technical assistance for local government officers and employees that will promote effectiveness and efficiency in local government;

(10) conduct interim studies as assigned pursuant to 5-5-217 ; and

(11) provide recommendations and a report, if one is written, in accordance with 5-5-216 for studies completed by the committee.
Mont. Code Ann. § 5-2-504 — MT Code / Title 5 / Chapter 2 / Part 5 / Section 5-2-504
5-2-504 Legislative branch consolidated
Status: in_force

5-2-504 . Legislative branch consolidated. The following legislative branch entities are consolidated, as provided in 5-2-503 and this section:

(1) the senate and the house of representatives provided for in Article V, section 1, of the Montana constitution;

(2) the legislative council established by 5-11-101 ;

(3) the legislative services division established by 5-11-111 ;

(4) the legislative finance committee established by 5-12-201 ;

(5) the legislative fiscal division established by 5-12-301 ;

(6) the legislative audit committee established by 5-13-201 ;

(7) the legislative audit division established by 5-13-301 ; and

(8) the environmental quality council established by 5-16-101 .
Mont. Code Ann. § 5-11-403 — MT Code / Title 5 / Chapter 11 / Part 4 / Section 5-11-403
5-11-403 Duties of legislative branch information technology planning council
Status: in_force

5-11-403 . Duties of legislative branch information technology planning council. The legislative branch information technology planning council shall develop and maintain a legislative branch information technology plan. In developing and maintaining this plan, the planning council shall:

(1) approve and validate the branch enterprise architecture program that includes principles to maintain alignment with evolving business and technology needs;

(2) continuously review analyses of existing and alternate information systems to identify candidates for automation, modernization, enhancement, improvement, or integration with new applications to support evolving legislative branch needs or functions;

(3) include in the plan a description of functions and services in the legislative branch and its agencies that would benefit from the application or improvement of information technology to provide better service to members of the legislature, legislative agencies, and the public;

(4) prioritize information technology initiatives, taking into consideration expected effectiveness, probable cost, and alignment with the enterprise architecture principles;

(5) adopt technology standards within the enterprise architecture program that are appropriate to the business needs and technical environment of the legislative branch and its agencies; and

(6) consider information technology support of security, disaster recovery, and continuity of government.
Mont. Code Ann. § 5-7-207 — MT Code / Title 5 / Chapter 7 / Part 2 / Section 5-7-207
5-7-207 Report to legislature
Status: in_force

5-7-207 . Report to legislature. Beginning with the first Tuesday following the beginning of any regular or special session of the legislature and on the first Tuesday of every month thereafter during which the legislature is in session, the commissioner shall make available from the commissioner's records a report to each member of each house of the legislature containing the names of lobbyists registered under this chapter, not previously reported, the names of the principals whom they represent as lobbyists, and the subjects of legislation in which each principal is interested.
Mont. Code Ann. § 5-2-214 — MT Code / Title 5 / Chapter 2 / Part 2 / Section 5-2-214
5-2-214 Oath to be entered on journals
Status: in_force

5-2-214 . Oath to be entered on journals. An entry of the oath taken by the members of the legislature must be made on the journals of the proper houses, respectively.
Mont. Code Ann. § 5-2-302 — MT Code / Title 5 / Chapter 2 / Part 3 / Section 5-2-302
5-2-302 Compensation and expenses when legislature not in session
Status: in_force

5-2-302 . Compensation and expenses when legislature not in session. When the legislature is not in session, a member of the legislature, while engaged in authorized interim, interim budget, or administrative committee legislative business or as otherwise provided by law, and with prior authorization of the appropriate funding authority, is entitled to compensation and expenses as set forth in this section.

(1) A legislator participating remotely is entitled to a salary equal to one full day's pay at the rate described in 5-2-301 (1) for each 24-hour period.

(2) A legislator attending a meeting in person is entitled to the following compensation and expenses based on the number of round-trip miles from the legislator's residence to the meeting:

(a) for 100 miles or less:

(i) a salary equal to one full day's pay at the rate described in 5-2-301 (1) for each 24-hour period;

(ii) a mileage allowance as provided in 2-18-503 ; and

(iii) a meal allowance for one midday meal as provided in 2-18-501 ;

(b) for more than 100 miles and less than 400 miles:

(i) a salary equal to two full days' pay at the rate described in 5-2-301 (1);

(ii) a mileage allowance as provided in 2-18-503 ;

(iii) a meal allowance for two morning meals, two midday meals, and two evening meals as provided in 2-18-501 ; and

(iv) two nights' lodging reimbursed at the prescribed maximum standard federal rate for each day for the location; or

(c) for 400 miles or more:

(i) a salary equal to three full days' pay at the rate described in 5-2-301 (1);

(ii) a mileage allowance as provided in 2-18-503 ;

(iii) a meal allowance for three morning meals, three midday meals, and three evening meals as provided in 2-18-501 ; and

(iv) two nights' lodging reimbursed at the prescribed maximum standard federal rate for each day for the location.

(3) For each additional consecutive day of legislative meetings or authorized legislative business, a legislator attending in person is entitled to the following additional compensation and expenses based on the number of round-trip miles from the legislator's residence to the meeting location:

(a) for 100 miles or less:

(i) a salary equal to one full day's pay at the rate described in 5-2-301 (1);

(ii) a mileage allowance as provided in 2-18-503 ; and

(iii) a meal allowance for one midday meal as provided in 2-18-501 ; or

(b) for more than 100 miles:

(i) a salary equal to one full day's pay at the rate described in 5-2-301 (1);

(ii) a meal allowance for one morning meal, one midday meal, and one evening meal as provided in 2-18-501 ; and

(iii) an additional night's lodging reimbursed at the prescribed maximum standard federal rate for each day for the location.

(4) If time spent for business other than authorized legislative interim, interim budget, or administrative committee business or business related to 5-11-305 results in lengthening a legislator's stay away from home into an additional 24-hour period, the legislator may not be compensated for the additional day.
Mont. Code Ann. § 5-7-102 — MT Code / Title 5 / Chapter 7 / Part 1 / Section 5-7-102
5-7-102 Definitions
Status: in_force

5-7-102 . Definitions. The following definitions apply in this chapter:

(1) "Appointed state official" means an individual who is appointed:

(a) to public office in state government by the governor or the chief justice of the Montana supreme court and who is subject to confirmation by the Montana senate;

(b) by the board of regents of higher education to serve either as the commissioner of higher education or as the chief executive officer of a campus of the Montana university system; or

(c) by the board of trustees of a community college to serve as president.

(2) "Business" means:

(a) a holding or interest whose fair market value is greater than $1,000 in a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, self-employed person, holding company, joint-stock company, receivership, trust, or other entity or property held in anticipation of profit, but does not include nonprofit organizations; and

(b) present or past employment from which benefits, including retirement allowances, are received.

(3) "Commissioner" means the commissioner of political practices.

(4) "Docket" means the register of lobbyists and principals maintained by the commissioner pursuant to 5-7-201 .

(5) "Elected federal official" means a person elected to a federal office, including but not limited to a member of the United States senate or house of representatives. The term includes an individual appointed to fill the unexpired term of an elected federal official and an individual who has been elected to a federal office but who has not yet been sworn in.

(6) "Elected local official" means an elected officer of a county, a consolidated government, an incorporated city or town, a school district, or a special district. The term includes an individual appointed to fill the unexpired term of an elected local official and an individual who has been elected to a local office but who has not yet been sworn in.

(7) (a) "Elected state official" means an individual holding a state office filled by a statewide vote of all the electors of Montana or a state district office, including but not limited to public service commissioners and district court judges. The term includes an individual appointed to fill the unexpired term of an elected state official and an individual who has been elected to a statewide office but who has not yet been sworn in.

(b) The term does not include a legislator.

(8) "Elected tribal official" means an elected member of a tribal council or other elected office filled by a vote of tribal members. The term includes an individual appointed to fill the unexpired term of an elected tribal official and an individual who has been elected to a tribal office but who has not yet been sworn in.

(9) "Individual" means a human being.

(10) "Legislator" means an individual holding public office as a representative or a senator in the Montana legislature. The term includes an individual who has been elected to the legislature but who has not yet been sworn in.

(11) (a) "Lobbying" means:

(i) the practice of promoting or opposing the introduction or enactment of legislation before the legislature or legislators; and

(ii) the practice of promoting or opposing official action of any legislator or the legislature.

(b) The term does not include:

(i) actions described in subsections (11)(a)(i) and (11)(a)(ii) when performed by a legislator, an elected state official, an appointed state official, an elected local official, an elected federal official, or an elected tribal official while acting in an official governmental capacity; or

(ii) federal lobbying as described in 5-7-120 .

(12) (a) "Lobbyist" means a person who engages in the practice of lobbying.

(b) Lobbyist does not include:

(i) an individual acting solely on the individual's own behalf;

(ii) an individual working for the same principal as a licensed lobbyist if the individual does not have personal contact involving lobbying with a legislator or the legislature on behalf of the lobbyist's principal; or

(iii) an individual who receives payments from one or more persons that total less than the amount specified under 5-7-112 in a calendar year.

(c) Nothing in this chapter deprives an individual who is not a lobbyist of the constitutional right to communicate with legislators or the legislature.

(13) (a) "Payment" means distribution, transfer, loan, advance, deposit, gift, or other rendering made or to be made of money, property, or anything of value:

(i) to a lobbyist to influence legislation or official action by a legislator or the legislature;

(ii) directly or indirectly to a lobbyist by a principal, such as salary, fee, compensation, or reimbursement for lobbying expenses; or

(iii) in support of or for assistance to a lobbyist or a lobbying activity, including but not limited to the direct payment of expenses incurred at the request or suggestion of the lobbyist.

(b) The term does not include payments or reimbursements for:

(i) personal and necessary living expenses; or

(ii) travel expenses, unless a principal is otherwise required to report expenses pursuant to 5-7-208 .

(14) "Person" means an individual, corporation, association, firm, partnership, state or local government or subdivision of state or local government, or other organization or group of persons.

(15) "Principal" means a person who employs a lobbyist or a person required to report pursuant to 5-7-208 .

(16) "Unprofessional conduct" means:

(a) violating any of the provisions of this chapter;

(b) instigating action by a legislator or the legislature for the purpose of obtaining employment;

(c) attempting to influence the action of a legislator or the legislature on a measure pending or to be proposed by:

(i) promising financial support; or

(ii) making public any unsubstantiated charges of improper conduct on the part of a lobbyist, a principal, or a legislator; or

(d) attempting to knowingly deceive a legislator or the legislature with regard to the pertinent facts of an official matter or attempting to knowingly misrepresent pertinent facts of an official matter to a legislator or the legislature.
Mont. Code Ann. § 5-11-705 — MT Code / Title 5 / Chapter 11 / Part 7 / Section 5-11-705
5-11-705 Legislative findings
Status: in_force

5-11-705 . Legislative findings. (1) The legislature finds that there is a new emerging global economy in which countries and regions located in specific areas of the world are forging new cooperative arrangements.

(2) The legislature finds that these new cooperative arrangements are increasing the competitiveness of the participating countries and regions, thus increasing the economic benefits and the overall quality of life for the citizens of the individual countries and regions.

(3) The legislature also finds that the Pacific Northwest states of Alaska, Idaho, Montana, Oregon, and Washington, the Canadian provinces of Alberta and British Columbia, and the Yukon Territory of Canada are in a strategic position to act together as a region, thus increasing the overall competitiveness of the individual states, provinces, and territory that will provide substantial economic benefits for all of their citizens.
Mont. Code Ann. § 5-16-102 — MT Code / Title 5 / Chapter 16 / Part 1 / Section 5-16-102
5-16-102 Qualifications
Status: in_force

5-16-102 . Qualifications. (1) In considering the appointments under 5-16-101 (2) and (3), consideration must be given to the appointees' qualifications to:

(a) analyze and interpret environmental trends and information of all kinds;

(b) appraise programs and activities of the state government in the light of the policies set forth in Title 75, chapter 1, parts 1 through 3;

(c) be conscious of and responsive to the scientific, economic, social, aesthetic, and cultural needs and interests of the state; and

(d) formulate and recommend state policies to promote the improvement of the quality of the environment.

(2) At least 50% of the members appointed pursuant to 5-16-101 (2) must be selected from the standing committees that consider issues within the jurisdiction of the environmental quality council.
Mont. Code Ann. § 5-16-103 — MT Code / Title 5 / Chapter 16 / Part 1 / Section 5-16-103
5-16-103 Term of office
Status: in_force

5-16-103 . Term of office. The terms of office of all council members are 2 years and terminate upon appointment of a new council before the 50th legislative day.
Mont. Code Ann. § 5-11-204 — MT Code / Title 5 / Chapter 11 / Part 2 / Section 5-11-204
5-11-204 Secretary of state to assign chapter numbers to new laws
Status: in_force

5-11-204 . Secretary of state to assign chapter numbers to new laws. The secretary of state shall, when bills passed by any legislature are filed in the secretary's office as directed in 5-4-302 and 5-4-305 , note on the bill the date of filing and number the bills, except resolutions, in the order of their reception, chapter 1 and upwards, using Arabic numerals.
Mont. Code Ann. § 5-5-413 — MT Code / Title 5 / Chapter 5 / Part 4 / Section 5-5-413
5-5-413 Suspension pending trial -- filling vacancy
Status: in_force

5-5-413 . Suspension pending trial -- filling vacancy. (1) Whenever articles of impeachment against any officer subject to impeachment are presented to the senate, the officer is temporarily suspended from office and cannot act in an official capacity until the officer is acquitted.

(2) Upon suspension of any officer other than the governor, the office must be at once temporarily filled by an appointment made by the governor, with the advice and consent of the senate. The term of the appointment is until the acquittal of the party impeached or, in case of the party's removal, until the vacancy is filled at the next election as required by law.
Mont. Code Ann. § 5-5-420 — MT Code / Title 5 / Chapter 5 / Part 4 / Section 5-5-420
5-5-420 Overrule of objection -- defendant's plea
Status: in_force

5-5-420 . Overrule of objection -- defendant's plea. If the objection to the sufficiency of the articles of impeachment is not sustained by a majority of the members of the senate, the defendant must be ordered to immediately answer the articles of impeachment. If the defendant pleads guilty, the senate shall render judgment of conviction against the defendant. If the defendant pleads not guilty or refuses to plead, the senate shall, at the time that it designates, proceed to try the impeachment.
Mont. Code Ann. § 5-11-1111 — MT Code / Title 5 / Chapter 11 / Part 11 / Section 5-11-1111
5-11-1111 State government broadcasting -- structure and governance
Status: in_force

5-11-1111 . State government broadcasting -- structure and governance. (1) There is a state government broadcasting service administered by the division. The division shall:

(a) develop and issue a request for proposals for the production of gavel-to-gavel coverage of legislative and administrative proceedings as well as other public affairs programming that is approved by the legislative council;

(b) evaluate proposals and, on the basis of selection criteria established by the division and if an acceptable proposal is received, execute a contract for services with the most qualified operator; and

(c) coordinate with executive branch and judicial branch officials to facilitate broadcast coverage of state government activities and events that are pertinent to the purpose set forth in 5-11-1101 .

(2) The legislative council shall assist the division in exercising oversight of the contract with the operator to ensure that broadcasts conform with the following principles of good conduct:

(a) Programming must be fair, accurate, and balanced without regard to partisanship or ideology.

(b) Programming must be scheduled in a manner that acknowledges the importance of timeliness in the delivery of information.

(c) Issue coverage and the scheduling of broadcasts must reflect a thoughtful balance of subject areas, geographic sensitivities, and attention to the various committees and other deliberative bodies engaged in the legislative process.

(d) Programming must always be intended to increase public understanding of both the substantive issues and the processes by which the legislature and other bodies seek to resolve problems, address challenges, and seize opportunities for the public good.

(e) Programming must include each branch of government to the extent possible.

(f) Production values must be of the highest attainable quality to accurately convey the genuine pace and tenor of governmental activity.

(g) Camera angles, shot selection, graphic subtitling, and other aspects of broadcast style and audiovisual content are subject to guidance and monitoring by the division to ensure impartiality and respect for the decorum of the legislature and other governmental institutions.

(3) The division is responsible for ensuring that the audio and video components of the broadcasting service are maintained in good working order.

(4) Operations and maintenance of the cameras, cabling, wiring, electronics, recording equipment, and associated information technology in the capitol and the broadcast production facility are the responsibility of the division. The operator, other contractors, if any, the division, and the department of administration shall cooperate with each other to ensure broadcast system reliability.

(5) The division shall develop and implement a plan to provide the maximum attainable transmission or distribution of broadcasts. The division may enter into agreements with one or more Montana public television organizations, telecommunications firms, nonprofit organizations, or state telecommunications networks for transmission or distribution of broadcasts.
Mont. Code Ann. § 5-1-111 — MT Code / Title 5 / Chapter 1 / Part 1 / Section 5-1-111
5-1-111 Final plan -- dissolution of commission
Status: in_force

5-1-111 . Final plan -- dissolution of commission. (1) Within 90 days after the official final decennial census figures are available, the commission shall file its final plan for congressional districts with the secretary of state and it shall become law.

(2) Within 30 days after receiving the legislative redistricting plan and the legislature's recommendations, the commission shall file its final legislative redistricting plan with the secretary of state and it shall become law.

(3) Upon filing both plans, the commission shall be dissolved.
Mont. Code Ann. § 5-1-109 — MT Code / Title 5 / Chapter 1 / Part 1 / Section 5-1-109
5-1-109 Submission of plan for legislative redistricting to legislature
Status: in_force

5-1-109 . Submission of plan for legislative redistricting to legislature. The commission shall submit its legislative redistricting plan to the legislature by the 10th legislative day of the first regular session after its appointment or after the census figures are available.
Mont. Code Ann. § 5-7-105 — MT Code / Title 5 / Chapter 7 / Part 1 / Section 5-7-105
5-7-105 Suspension of lobbying privileges
Status: in_force

5-7-105 . Suspension of lobbying privileges. A lobbyist whose license has been suspended and a person who has been adjudged guilty of a violation of any provision of this chapter may not engage in lobbying until that person has been reinstated to the practice and duly licensed.
Mont. Code Ann. § 5-2-301 — MT Code / Title 5 / Chapter 2 / Part 3 / Section 5-2-301
5-2-301 Compensation and expenses for members while in session
Status: in_force

5-2-301 . Compensation and expenses for members while in session. (1) For the legislators serving in the legislative session beginning in January 2027, the salary of each legislator must be determined by multiplying 80% times the average hourly wage for the state of Montana, all industry types, posted by the United States bureau of labor statistics from the most recently published quarter of employment and wages data. For the legislators serving in the legislative session beginning in January 2029 and any subsequent biennium, the salary of each legislator must be determined to be equal to the average hourly wage for the state of Montana, all industry types, posted by the United States bureau of labor statistics from the most recently published quarter of employment and wages data. The average hourly rate must be calculated by dividing the average weekly wage by 40 hours. The president of the senate and the speaker of the house must receive an additional $5 a day in salary for those days during which the legislature is in session.

(2) Legislators may serve for no salary.

(3) Legislators are entitled to a daily allowance, 7 days a week, during a legislative session, as reimbursement for lodging, breakfast, lunch, dinner, and incidental expenses incurred in attending a session. The amount of the daily allowance is equal to the amount an employee of the executive branch of the federal government is generally entitled to receive as per diem for lodging, breakfast, lunch, dinner, and incidental expenses while away from home in the city of Helena but serving in the United States. Expense payments must stop when the legislature recesses for more than 3 days and resume when the legislature reconvenes.

(4) Legislators are entitled to a mileage allowance as provided in 2-18-503 for each mile of travel to the place of the holding of the session and to return to their place of residence at the conclusion of the session.

(5) In addition to the mileage allowance provided for in subsection (4), legislators, on submittal of an appropriate claim for mileage reimbursement to the legislative services division, are entitled to:

(a) three additional round trips to their place of residence during each regular session; and

(b) additional round trips as authorized by the legislature during special session.

(6) Legislators are not entitled to any additional mileage allowance under subsection (4) for a special session if it is convened within 7 days of a regular session.

(7) The department of administration shall work with the legislative services division to offer options to legislators to receive their session salary provided for in subsection (1) over the 2-year legislative term or a portion of the term. The options must be offered to all legislators in order to assist legislators to manage their income over the term. The per diem allowance and mileage as provided in this section, salary during a special session as provided in 5-3-101 , and the salary during the interim as provided for in 5-2-302 may not be affected.
Mont. Code Ann. § 5-5-229 — MT Code / Title 5 / Chapter 5 / Part 2 / Section 5-5-229
5-5-229 State-tribal relations committee
Status: in_force

5-5-229 . State-tribal relations committee. (1) There is a state-tribal relations committee. Except as provided in subsection (2), the committee is treated as an interim committee for the purposes of 5-5-211 through 5-5-214 . The committee shall:

(a) act as a liaison with tribal governments;

(b) encourage state-tribal and local government-tribal cooperation;

(c) conduct interim studies as assigned pursuant to 5-5-217 ; and

(d) provide recommendations and a report, if one is written, in accordance with 5-5-216 for studies completed by the committee.

(2) The composition of the state-tribal relations committee must be as follows:

(a) six members of the house, three from the majority party and three from the minority party; and

(b) four members of the senate, two from the majority party and two from the minority party.
Mont. Code Ann. § 5-1-203 — MT Code / Title 5 / Chapter 1 / Part 2 / Section 5-1-203
5-1-203 Report to state census and economic information center
Status: in_force

5-1-203 . Report to state census and economic information center. (1) By May 1 of each year in which the federal decennial census is taken and in which the United States census bureau allocates incarcerated individuals as residents of a state prison, the department shall deliver to the center:

(a) a unique identifier not including the name or offender identification number for each incarcerated individual subject to the jurisdiction of the department on the date for which the decennial census reports population numbers;

(b) the street address of the prison in which the individual was incarcerated at the time of the census;

(c) the last known address of the individual prior to incarceration;

(d) the individual's race, whether the individual is an American Indian or an Alaska Native, whether the individual is of Hispanic or Latino origin, and if the person is 18 years of age or older; and

(e) other information the center may request.

(2) The department shall provide the information in subsection (1) in a format specified by the center.

(3) The information provided as required in subsection (1) is private. It may not:

(a) include the incarcerated individual's name or other information that may allow the individual to be identified except by the department; or

(b) be disclosed by the department or the center except as redistricting data aggregated by census block for the purposes described in 5-1-205 .
Mont. Code Ann. § 5-5-422 — MT Code / Title 5 / Chapter 5 / Part 4 / Section 5-5-422
5-5-422 Judgment on conviction -- how pronounced
Status: in_force

5-5-422 . Judgment on conviction -- how pronounced. After conviction the senate must, at such time as it may appoint, pronounce judgment in the form of a resolution entered upon the journals of the senate.
Mont. Code Ann. § 5-4-305 — MT Code / Title 5 / Chapter 4 / Part 3 / Section 5-4-305
5-4-305 Bills returned without approval
Status: in_force

5-4-305 . Bills returned without approval. (1) A bill or item or items of an appropriations bill become law whenever:

(a) the bill passes both houses of the legislature;

(b) the bill is returned by the governor without signature and with objections to the bill or, if it is a bill containing several items of appropriation of money, with objections to one or more items; and

(c) upon reconsideration the bill or item or items pass both houses by the constitutional majority.

(2) The bill or item or items must be authenticated by a certificate endorsed on or attached to the bill or the copy of the statement of objections. The form of the certificate must be: "This bill having been returned by the governor with objections and, after reconsideration, having passed both houses by the constitutional majority has become a law this .... day of ...., A.D. ...." or "The following items in the within statement (naming them) having, after reconsideration, passed both houses by the constitutional majority have become a law this .... day of ...., A.D. ...". The endorsement, signed by the president of the senate and the speaker of the house, is sufficient authentication of the bill or item or items.

(3) The authenticated bill or statement must be delivered to the governor, who shall deposit it with the laws in the office of the secretary of state.
Mont. Code Ann. § 5-5-404 — MT Code / Title 5 / Chapter 5 / Part 4 / Section 5-5-404
5-5-404 Officers of the court
Status: in_force

5-5-404 . Officers of the court. (1) The officers of the senate are officers of the court.

(2) When the governor or lieutenant governor is on trial, the chief justice of the supreme court shall preside.
Mont. Code Ann. § 5-7-302 — MT Code / Title 5 / Chapter 7 / Part 3 / Section 5-7-302
5-7-302 Unprofessional conduct
Status: in_force

5-7-302 . Unprofessional conduct. No lobbyist or principal shall engage in or directly or indirectly authorize any unprofessional conduct.
Mont. Code Ann. § 5-7-106 — MT Code / Title 5 / Chapter 7 / Part 1 / Section 5-7-106
5-7-106 Disclosure of local government lobbying contract -- exemption for local government associations
Status: in_force

5-7-106 . Disclosure of local government lobbying contract -- exemption for local government associations. (1) A local government shall prominently display on the local government's website the following information regarding contracts for services that would require a person to register as a lobbyist under Title 5, chapter 7:

(a) the contract execution date;

(b) the duration of the contract, including any extension options;

(c) the effective date;

(d) the total amount of money the local government paid in the previous fiscal year;

(e) the identity of all parties to the contract;

(f) the identity of any subcontractor to the contract; and

(g) a list of all legislation advocated for or against by all parties and subcontractors to the contract, including the position taken on each piece of legislation in the prior fiscal year.

(2) In lieu of posting the information required under subsections (1)(a) through (1)(g), the local government may post the contract for lobbying services on the local government's website as long as the contract contains the information specified in subsection (1)(g).

(3) The information required under subsections (1) and (2) must be posted and made available within 60 days after the end of the fiscal year in which the contract is signed. The information must remain posted to the website until the information is required to be updated under this section.

(4) If the local government does not maintain a website, the local government shall provide public notice that contract for lobbying services is available for review by the public at the office of the local government.

(5) At least once a month while the legislature is meeting during each regular session, a local government shall provide a report providing the information required under subsection (1)(g) that is included on the agenda of a regularly scheduled meeting of the local government.

(6) (a) Except as provided in subsection (6)(b), a contract between a local government and an organization or association of local government officials of which the local government is a member and to which the local government pays dues for services in addition to lobbying services is not subject to the disclosure requirements under this section.

(b) If a local government pays or donates money in excess of the normal dues for services to the organization or association and the excess money is used to support lobbying services, the excess money is subject to the disclosure requirements under this section.

(7) For the purposes of this section, "local government" has the same meaning as provided in 2-6-1002 .
Mont. Code Ann. § 5-1-105 — MT Code / Title 5 / Chapter 1 / Part 1 / Section 5-1-105
5-1-105 Restriction on commissioners seeking election to legislature
Status: in_force

5-1-105 . Restriction on commissioners seeking election to legislature. A member of the commission may not run for election to a legislative seat within 2 years after the districting and apportionment plan in which the commissioner participated becomes effective.
Mont. Code Ann. § 5-2-304 — MT Code / Title 5 / Chapter 2 / Part 3 / Section 5-2-304
5-2-304 Participation in public retirement systems
Status: in_force

5-2-304 . Participation in public retirement systems. (1) The purpose of this section is to allow a person who is elected or appointed to the Montana legislature and who is also a member of a retirement system provided for in Title 19, chapter 3, 5, 6, 7, 8, 9, 13, 20, or 21, by virtue of the person's nonlegislative employment to continue the person's participation in the public retirement system of which the person is a member.

(2) This section is not intended to provide duplicate credit for the same service in two retirement systems supported wholly or in part by public funds. This section does not affect contribution rates or benefit payments specifically provided for in the laws governing the operation of individual retirement systems.

(3) A person who is an active member of a retirement system provided for in Title 19, chapter 3, 5, 6, 7, 8, 9, or 13, by virtue of the person's nonlegislative employment and who is receiving service credit in that system pursuant to subsection (4) may elect to retire from that system on termination of service from their nonlegislative employment, but the person shall make a one-time, irrevocable election to decline further participation in that system while continuing to be engaged in official duties as a legislator.

(4) (a) A person who is an inactive or retired member of a retirement system provided for in Title 19, chapter 5, 6, 7, 8, 9, 13, 20, or 21, and who is elected or appointed to be a legislator may:

(i) return to active membership in the system of which the person is an inactive or retired member under the requirements of that system; or

(ii) remain an inactive or retired member of the retirement system and become an active member of the public employees' retirement system pursuant to 19-3-413 .

(b) A person who is an inactive or retired member of the public employees' retirement system provided for in Title 19, chapter 3, and who is elected or appointed to the legislature may return to active membership in the public employees' retirement system but cannot simultaneously be an inactive or retired member of the system as a result of prior covered terminated employment and an active member of the retirement system under 19-3-413 or this section.

(5) (a) A person who is an active member of a public retirement system governed by state law and who is elected or appointed to be a legislator may, but is not required to, continue the person's participation in that public retirement system while engaged in official duties as a legislator.

(b) To continue participation as an active member in the public retirement system, a legislator shall, within 90 days of taking office and in a manner prescribed by the appropriate board, file an irrevocable written election with the teachers' retirement board or the public employees' retirement board.

(6) A legislator who elects to continue participation as an active member as provided in subsection (5) shall continue the payments into the fund of the retirement system at the rate currently in effect in the system based on the legislator's monthly salary as a member of that system.

(7) The state contribution must be made by legislative appropriation. It must equal the appropriate employer contribution at the rate currently in effect in the system.
Mont. Code Ann. § 5-4-203 — MT Code / Title 5 / Chapter 4 / Part 2 / Section 5-4-203
5-4-203 Budget director to prepare note
Status: in_force

5-4-203 . Budget director to prepare note. The budget director, in cooperation with the state or local agencies or officials or organizations representing local agencies or officials affected by the bill, is responsible for the preparation of the fiscal note and shall return same within 6 days. The director may request additional time to complete a note, which extension must be submitted to the presiding officer or committee requesting the note for approval.
Mont. Code Ann. § 5-1-115 — MT Code / Title 5 / Chapter 1 / Part 1 / Section 5-1-115
5-1-115 Redistricting criteria
Status: in_force

5-1-115 . Redistricting criteria. (1) Subject to federal law, legislative and congressional districts must be established on the basis of population.

(2) In the development of legislative districts, a plan is subject to the Voting Rights Act and must comply with the following criteria, in order of importance:

(a) The districts must be as equal as practicable, meaning to the greatest extent possible, within a plus or minus 1% relative deviation from the ideal population of a district as calculated from information provided by the federal decennial census. The relative deviation may be exceeded only when necessary to keep political subdivisions intact or to comply with the Voting Rights Act.

(b) District boundaries must coincide with the boundaries of political subdivisions of the state to the greatest extent possible. The number of counties and cities divided among more than one district must be as small as possible. When there is a choice between dividing local political subdivisions, the more populous subdivisions must be divided before the less populous, unless the boundary is drawn along a county line that passes through a city.

(c) The districts must be contiguous, meaning that the district must be in one piece. Areas that meet only at points of adjoining corners or areas separated by geographical boundaries or artificial barriers that prevent transportation within a district may not be considered contiguous.

(d) The districts must be compact, meaning that the compactness of a district is greatest when the length of the district and the width of a district are equal. A district may not have an average length greater than three times the average width unless necessary to comply with the Voting Rights Act.

(3) A district may not be drawn for the purposes of favoring a political party or an incumbent legislator or member of congress. The following data or information may not be considered in the development of a plan:

(a) addresses of incumbent legislators or members of congress;

(b) political affiliations of registered voters;

(c) partisan political voter lists; or

(d) previous election results, unless required as a remedy by a court.

(4) In the development of congressional districts and under the authority granted to the legislature by Article I, section 4, of the United States constitution, a congressional districting plan is subject to the Voting Rights Act and must comply with the following criteria, in order of importance:

(a) The districts must be as equal as practicable.

(b) District boundaries must coincide with the boundaries of political subdivisions of the state to the greatest extent possible. The number of counties and cities divided among more than one district must be as small as possible. When there is a choice between dividing local political subdivisions, the more populous subdivisions must be divided before the less populous, unless the boundary is drawn along a county line that passes through a city.

(c) The districts must be contiguous, meaning that a district must be in one piece. Areas that meet only at points of adjoining corners or areas separated by geographical boundaries or artificial barriers that prevent transportation within a district may not be considered contiguous.

(d) The districts must be compact, meaning that the compactness of a district is greatest when the length of the district and the width of a district are equal. A district may not have an average length greater than three times the average width unless necessary to comply with the Voting Rights Act.
Mont. Code Ann. § 5-15-103 — MT Code / Title 5 / Chapter 15 / Part 1 / Section 5-15-103
5-15-103 Term of office
Status: in_force

5-15-103 . Term of office. A member shall serve until the member's term of office as a legislator ends and until a successor is appointed.
Mont. Code Ann. § 5-11-214 — MT Code / Title 5 / Chapter 11 / Part 2 / Section 5-11-214
5-11-214 Exemptions from fees
Status: in_force

5-11-214 . Exemptions from fees. All elected state officials, state department heads, the state law library, and county clerk and recorders shall be exempted from 5-11-212 .
Mont. Code Ann. § 5-13-321 — MT Code / Title 5 / Chapter 13 / Part 3 / Section 5-13-321
5-13-321 Joint audits
Status: in_force

5-13-321 . Joint audits. (1) The legislative auditor may participate with audit oversight organizations on joint audits of Montana programs or services. For the purpose of the joint audits, the legislative auditor may cooperate with the audit oversight organizations, accept and provide information necessary to the success of the joint audits, and enter into contracts for the performance of the joint audits. Audits authorized by this section may examine all or any part of the financing or performance of a program, whether operated directly by a state agency or by a contractor with a state agency. Joint audits are subject to the audit standards, objectives, and reporting procedures required by state law and as required in applicable federal laws, regulations, and policies.

(2) Audit costs of the legislative auditor for conducting joint audits authorized by subsection (1) are considered direct costs of the state agency or program subject to the audit. Funds for the payment of the expenses of the legislative auditor must be deposited in the state special revenue fund as provided in 5-13-403 . To the maximum extent allowable under federal regulations, the legislative auditor shall charge audit costs of joint audits to federal funds.

(3) Audits conducted pursuant to this section must be approved by the committee as part of the operational plan of the legislative auditor.
Mont. Code Ann. § 5-5-411 — MT Code / Title 5 / Chapter 5 / Part 4 / Section 5-5-411
5-5-411 Articles of impeachment
Status: in_force

5-5-411 . Articles of impeachment. (1) All impeachments must be by resolution originated in and adopted by the house of representatives. The resolution shall be conducted through the house by managers elected by the house.

(2) The managers shall prepare articles of impeachment, present them at the bar of the senate, and prosecute them.
Mont. Code Ann. § 5-2-103 — MT Code / Title 5 / Chapter 2 / Part 1 / Section 5-2-103
5-2-103 Time and place of meeting
Status: in_force

5-2-103 . Time and place of meeting. Each regular session of the legislature shall be convened at the seat of government at 12 noon on the first Monday of January of each odd-numbered year or, if January 1 is a Monday, on the first Wednesday. The legislature shall meet at other times when convened by the governor or by the written request of a majority of the legislators or, when the legislature is in session, by a recorded vote of a majority of the legislators.
Mont. Code Ann. § 5-15-102 — MT Code / Title 5 / Chapter 15 / Part 1 / Section 5-15-102
5-15-102 Ineligibility for appointment
Status: in_force

5-15-102 . Ineligibility for appointment. A person who is an employee, agent, officer, partner, or director of a regulated company or who has served a regulated company in any capacity within the 3 years previous to the person's appointment may not be a member of the committee.
Mont. Code Ann. § 5-11-305 — MT Code / Title 5 / Chapter 11 / Part 3 / Section 5-11-305
5-11-305 Legislative council appointments to interstate, international, and intergovernmental entities
Status: in_force

5-11-305 . Legislative council appointments to interstate, international, and intergovernmental entities. (1) Unless otherwise provided by law, the legislative council shall appoint legislators to serve as members of appropriate interstate, international, and intergovernmental entities.

(2) The president of the senate, the speaker of the house, the minority leader of the senate, and the minority leader of the house may recommend nominees for the legislative council's consideration in making appointments to interstate, international, and intergovernmental entities.

(3) If the legislative council appoints more than one legislator to participate as a member in an interstate, international, or intergovernmental entity, the number of legislators appointed from the majority party and the minority party must be equal.

(4) If funds are available that the legislative council has the authority to expend, the legislative council, as the appropriate funding authority, may authorize that a legislator appointed as a member to an interstate, international, or intergovernmental entity receive a salary as provided in 5-2-301 (1) and have travel expenses associated with participating in an entity-sponsored activity reimbursed as provided in 2-18-501 through 2-18-503 .

(5) If a vacancy occurs in membership to an interstate, international, or intergovernmental entity, appointment to fill the vacancy must be made in the same manner as the original appointment.

(6) The legislative council shall make appointments to any policy committee established by the Pacific Northwest economic region as provided in 5-11-707 (2).
Mont. Code Ann. § 5-7-112 — MT Code / Title 5 / Chapter 7 / Part 1 / Section 5-7-112
5-7-112 Payment threshold -- inflation adjustment
Status: in_force

5-7-112 . Payment threshold -- inflation adjustment. For calendar year 2025, the payment threshold referred to in 5-7-102 (12)(b)(iii), 5-7-103 , and 5-7-208 is $3,000. The commissioner shall adjust the threshold amount each even-numbered year by multiplying the threshold amount valid for the even year by an inflation factor. The inflation factor is determined by dividing the consumer price index for June of the even-numbered year by the consumer price index for June of the prior year. The resulting figure must be rounded up or down to the nearest $50 increment. The commissioner shall adopt the adjusted amount by rule, effective on January 1 of the following odd year.
Mont. Code Ann. § 5-11-406 — MT Code / Title 5 / Chapter 11 / Part 4 / Section 5-11-406
5-11-406 Legislative branch systems -- conformity to standards
Status: in_force

5-11-406 . Legislative branch systems -- conformity to standards. Information technology systems installed by the senate, the house of representatives, and legislative branch agencies must conform to standards established by the legislative branch for the enterprise architecture in effect at the time the purchasing decision is made.
Mont. Code Ann. § 5-2-202 — MT Code / Title 5 / Chapter 2 / Part 2 / Section 5-2-202
5-2-202 Presession activity
Status: in_force

5-2-202 . Presession activity. (1) Members of the legislature nominated to leadership positions during the presession caucus provided for in 5-2-201 and members nominated or appointed to the committee on committees and rules committees may meet and perform necessary organizational tasks prior to the regular session or a special session, including but not limited to appointing committees, hiring staff, and assigning space and seating.

(2) Members of the house appropriations committee and of the senate finance and claims committee named prior to the regular session may begin reviewing requests for appropriations immediately or prior to a special session and may visit state agencies and institutions to discuss requests.

(3) Members of the house and senate taxation committees named prior to the regular session may begin reviewing revenue estimates immediately or prior to a special session.
Mont. Code Ann. § 5-1-202 — MT Code / Title 5 / Chapter 1 / Part 2 / Section 5-1-202
5-1-202 Electronic record
Status: in_force

5-1-202 . Electronic record. (1) Within 6 months of July 1, 2023, the department shall collect and maintain an electronic record of the last known address and other demographic data for an individual entering the department's custody. The record must include but is not limited to:

(a) the individual's last known address;

(b) the individual's race, whether the person is an American Indian or an Alaska Native, and whether the person is of Hispanic or Latino origin; and

(c) if the individual is 18 years of age or older.

(2) To the extent possible, the department shall collect and maintain the information required in subsection (1) for individuals in state prisons who entered the department's custody prior to July 1, 2023.
Mont. Code Ann. § 5-20-102 — MT Code / Title 5 / Chapter 20 / Part 1 / Section 5-20-102
5-20-102 Terminated
Status: in_force

5-20-102 . Terminated. Sec. 7, Ch. 3, Sp. L. June 1989.
Mont. Code Ann. § 5-2-211 — MT Code / Title 5 / Chapter 2 / Part 2 / Section 5-2-211
5-2-211 Certified rosters
Status: in_force

5-2-211 . Certified rosters. The secretary of state shall prepare certified rosters from the official election records on file in the secretary of state's office for use in the organization of the senate and house of representatives.
Mont. Code Ann. § 5-2-502 — MT Code / Title 5 / Chapter 2 / Part 5 / Section 5-2-502
5-2-502 Structure of legislative branch
Status: in_force

5-2-502 . Structure of legislative branch. The legislature established in Article V, section 1, of the Montana constitution and the committees established by law constitute the legislative branch. The functional organization of the legislative branch is governed by the joint rules of the legislature and the laws governing the several components of the branch. The administrative organization of the legislative branch is consolidated as provided in this part.
Mont. Code Ann. § 5-5-234 — MT Code / Title 5 / Chapter 5 / Part 2 / Section 5-5-234
5-5-234 Appointments
Status: in_force

5-5-234 . Appointments. (1) (a) Whenever a legislative appointing authority is required or authorized to appoint more than one legislative member of the majority party to a committee, subcommittee, or other statutorily recognized or authorized entity, the appointing authority may appoint a member of a party other than the majority party.

(b) Whenever a legislative appointing authority is required or authorized to appoint more than one legislative member of the minority party to a committee, subcommittee, other statutorily recognized or authorized entity, the appointing authority may, if requested by the minority leader, appoint a member of a party other than the minority party or majority party instead of a member of the minority party.

(2) (a) Whenever an elected state official, as defined in 5-7-102 , is required or authorized to appoint more than one legislative member of the majority party to a statutorily recognized or authorized entity, the elected state official may, if requested by the senate president for a senate appointee or if requested by the speaker of the house for a house appointee, appoint a member of a party other than the majority party instead of a member of the majority party.

(b) Whenever an elected state official, as defined in 5-7-102 , is required or authorized to appoint more than one legislative member of the minority party to a statutorily recognized or authorized entity, the elected state official may, if requested by the senate minority leader for a senate appointee or if requested by the house minority leader for a house appointee, appoint a member of a party other than the minority party or majority party instead of a member of the minority party.

(3) If a vacancy occurs in the membership of a committee, subcommittee, or statutorily recognized or authorized entity because of the resignation or disqualification of a member appointed under the provisions of subsection (1) or (2), the appointing authority authorized or required to make an appointment to fill the vacancy is subject to the provisions of subsections (1) and (2).

(4) If an individual appointed under subsection (1) or (2) is not a member of either the majority party or minority party and resigns from or is otherwise disqualified from serving, the appointing authority shall fill the vacancy under the provisions of subsection (1) or (2) as if the appointment were an initial appointment, and the appointing authority is not required to fill the vacancy with an individual who is a member of the same party of which the individual whose resignation or disqualification caused the vacancy.

(5) The appointing authority for an interim committee provided for in Title 5 and composed of nine or more members shall appoint members in a manner that reflects the majority and minority composition of the legislature.
Mont. Code Ann. § 5-11-1101 — MT Code / Title 5 / Chapter 11 / Part 11 / Section 5-11-1101
5-11-1101 Legislative findings and purpose
Status: in_force

5-11-1101 . Legislative findings and purpose. The legislature finds and declares that:

(1) the purpose of a state-funded public affairs broadcasting program is to provide Montana citizens with increased access to unbiased information about state government deliberations and public policy events through unedited television coverage and other communications technologies; and

(2) the preferred means of establishing and maintaining a state-funded public affairs broadcasting program is to assign the enabling responsibilities to the legislative council and the division to contract with a qualified operator through a competitive bidding process. If a qualified operator is not found, the division may become the operator and operate within the existing appropriation until a qualified operator is hired under a subsequent request for proposals. The division may not be the sole operator on a permanent basis but shall seek to maintain a partnership with an outside operator. The division shall issue a request for proposals before the end of any biennium during which the division serves as a temporary operator. Any scoring and review team for the requested proposals must include a member of the majority party and a member of the minority party who are members of the legislative council.
Mont. Code Ann. § 5-11-404 — MT Code / Title 5 / Chapter 11 / Part 4 / Section 5-11-404
5-11-404 Technical support
Status: in_force

5-11-404 . Technical support. (1) The executive director of the legislative services division shall provide technical staff support to the legislative branch information technology planning council. In performing this duty, the legislative services division shall assist the planning council by:

(a) developing and maintaining an enterprise architecture program to include:

(i) enterprise architecture principles and technology standards that are aligned with business needs;

(ii) decisionmaking processes that guide the application of the principles; and

(iii) a repository of business and technical information to support sound decisions;

(b) developing analyses of existing and alternate systems to identify candidates for automation, modernization, or enhancement;

(c) assisting in assessing benefits and costs of alternate solutions;

(d) apprising the planning council of developments and trends in the technology industry;

(e) maintaining a liaison with and informing the planning council of plans and directions within the executive branch;

(f) selecting and purchasing supplies and equipment that support the enterprise architecture principles adopted by the planning council;

(g) providing information and advice regarding information technology support of security, disaster recovery, and continuity of government; and

(h) providing other assistance as may be requested.

(2) The executive director shall encourage participation of appropriate personnel of the senate, the house of representatives, and other legislative entities in the provision of technical support.
Mont. Code Ann. § 5-5-302 — MT Code / Title 5 / Chapter 5 / Part 3 / Section 5-5-302
5-5-302 Nominations to senate to be in writing
Status: in_force

5-5-302 . Nominations to senate to be in writing. Nominations made by the governor to the senate must be in writing, designating the residence of the nominee and the office for which the person is nominated.
Mont. Code Ann. § 5-2-107 — MT Code / Title 5 / Chapter 2 / Part 1 / Section 5-2-107
5-2-107 Findings of purpose -- legislator intervention in legal challenges authorized
Status: in_force

5-2-107 . Findings of purpose -- legislator intervention in legal challenges authorized. (1) The legislature finds that:

(a) proper interpretation and administration of the constitution and legislative enactments and referendums of the state are matters of great public interest and significant importance;

(b) an individual legislator in the legislator's capacity as the primary sponsor of legislation at issue who voted for passage and approval of the legislation has a plain, direct, and adequate interest in maintaining the effectiveness of the legislator's vote and has a personal stake in ensuring proper interpretation and administration of the constitution and legislative enactments and referendums that is distinguishable from that of the public generally; and

(c) the officers of the legislature have a plain, direct, and adequate interest in ensuring proper interpretation and administration of legislative enactments.

(2) The officers of the legislature and a legislator in the legislator's capacity as the primary sponsor of legislation at issue who voted for passage and approval of the legislation may intervene as of right, individually or jointly, in declaratory judgment actions involving alleged constitutional or statutory violations of state law.

(3) Nothing in this section supersedes the authority of the attorney general to represent the state of Montana.

(4) The participation of an officer of the legislature in any action, state or federal, as a party or otherwise, does not constitute a waiver of legislative immunity or legislative privilege of any individual legislator, officer of the legislature, or legislative staff.

(5) Subject to available appropriation authority, an officer of the legislature may use funding that is approved by the legislative council or funding that is under the direction and control of the officer of the legislature to pay attorney fees and costs associated with intervention under subsection (2). A primary sponsor is responsible for paying attorney fees and costs associated with intervention under subsection (2) unless funding is approved by the legislative council.

(6) For the purposes of this section, "officer of the legislature" means the speaker of the house and the president of the senate.
Mont. Code Ann. § 5-1-102 — MT Code / Title 5 / Chapter 1 / Part 1 / Section 5-1-102
5-1-102 Composition of commission
Status: in_force

5-1-102 . Composition of commission. (1) The majority and minority leaders of each house shall each designate one commissioner for the commission provided for in 5-1-101 . Within 20 days after their designation, the four commissioners shall select the fifth member, who shall serve as the presiding officer of the commission.

(2) If the four members fail to select the fifth member within the time prescribed, a majority of the supreme court shall select the fifth member. The supreme court may not select a fifth member who has made a campaign contribution in the past 10 years to a major party candidate for state or federal office.
Mont. Code Ann. § 5-1-204 — MT Code / Title 5 / Chapter 1 / Part 2 / Section 5-1-204
5-1-204 Federal facilities
Status: in_force

5-1-204 . Federal facilities. The center shall request from each federal correctional facility located in Montana a report that includes the information listed in 5-1-203 (1).
Mont. Code Ann. § 5-11-304 — MT Code / Title 5 / Chapter 11 / Part 3 / Section 5-11-304
5-11-304 Legislative council's role in interstate, international, and intergovernmental cooperation
Status: in_force

5-11-304 . Legislative council's role in interstate, international, and intergovernmental cooperation. The legislative council shall:

(1) encourage the state of Montana to develop and maintain mutually constructive contact and relations with interstate, international, and intergovernmental entities;

(2) promote mutually beneficial exchanges of information between the state of Montana and interstate, international, and intergovernmental entities;

(3) endeavor to advance cooperation between the state of Montana and interstate, international, and intergovernmental entities; and

(4) facilitate participation of the state of Montana as a member of appropriate interstate, international, and intergovernmental entities.
Mont. Code Ann. § 5-13-308 — MT Code / Title 5 / Chapter 13 / Part 3 / Section 5-13-308
5-13-308 Audit standards and objectives
Status: in_force

5-13-308 . Audit standards and objectives. The objectives of financial compliance, performance, and information system audits of state agencies or their programs conducted by the legislative auditor are formulated, defined, and conducted in accordance with industry standards established for auditing to determine whether:

(1) the agency is carrying out only those activities or programs authorized by the legislature and is conducting them efficiently, effectively, and in accordance with legislative intent;

(2) expenditures are made only in furtherance of authorized activities and in accordance with the requirements of applicable laws and regulations;

(3) the agency collects and accounts properly for all revenues and receipts arising from its activities;

(4) the assets, including information technology, of the agency or in its custody are adequately safeguarded and controlled and utilized in an efficient manner;

(5) reports and financial statements by the agency to the governor, the legislature, and central control agencies disclose fully the nature and scope of the activities conducted and provide a proper basis for evaluating the agency's operations.
Mont. Code Ann. § 5-12-101 — MT Code / Title 5 / Chapter 12 / Part 1 / Section 5-12-101
5-12-101 Title and purpose of chapter
Status: in_force

5-12-101 . Title and purpose of chapter. (1) This chapter may be cited as "The Legislative Finance and Data Analytics Act".

(2) Because the legislature is responsible for appropriating public funds, it shall provide for fiscal analysis of state government to accumulate, compile, analyze, and furnish information on the financial matters of the state that is relevant to issues of policy and questions of statewide importance.

(3) Because the legislature is responsible for providing a comprehensive system of efficient governance, policy, and appropriations for the state and its political subdivisions, including local governments and schools, analysis of data across all aspects of government revenues, services, and funding is essential.

(4) Because the laws enacted by the legislature remain unless later changed by the legislature, appropriations may impact future generations, and tax and other law changes may impact the state's economy, the legislature needs a data tool to evaluate the impacts of legislation on future generations. The tool should be derived from reliable data sets and numeric in nature to allow the legislature to evaluate different assumptions and potential changes in law 20 years into the future.
Mont. Code Ann. § 5-2-212 — MT Code / Title 5 / Chapter 2 / Part 2 / Section 5-2-212
5-2-212 Organization of senate
Status: in_force

5-2-212 . Organization of senate. At 12 noon on the day appointed for the meeting of any regular session of the legislature, the senior member present must take the chair, call the senators and senators-elect to order, call over the senators from the certified roster prepared by the secretary of state, and then, from the certified roster prepared by the secretary of state, call over the senatorial districts and counties, in their order, from which members have been elected at the preceding election. After the same are called the members-elect must take the constitutional oath of office and assume their seats. The senate may thereupon, if a quorum is present, proceed to elect its officers.
Mont. Code Ann. § 5-4-504 — MT Code / Title 5 / Chapter 4 / Part 5 / Section 5-4-504
5-4-504 Terminated
Status: in_force

5-4-504 . Terminated. Sec. 8, Ch. 339, L. 1999.
Mont. Code Ann. § 5-13-201 — MT Code / Title 5 / Chapter 13 / Part 2 / Section 5-13-201
5-13-201 Legislative audit committee
Status: in_force

5-13-201 . Legislative audit committee. There is a legislative audit committee which is a permanent joint committee of the legislature.
Mont. Code Ann. § 5-4-505 — MT Code / Title 5 / Chapter 4 / Part 5 / Section 5-4-505
5-4-505 Terminated
Status: in_force

5-4-505 . Terminated. Sec. 8, Ch. 339, L. 1999.
Mont. Code Ann. § 5-4-201 — MT Code / Title 5 / Chapter 4 / Part 2 / Section 5-4-201
5-4-201 Requirement of fiscal notes with committee reports
Status: in_force

5-4-201 . Requirement of fiscal notes with committee reports. All bills reported out of a committee of the legislature having an effect on the revenues, expenditures, or fiscal liability of the state or of a county or municipality, except appropriation measures carrying specific dollar amounts, shall include a fiscal note incorporating an estimate of such effect. Fiscal notes shall be requested by the presiding officer of either house, who shall determine the need for the note at the time of introduction.
Mont. Code Ann. § 5-11-109 — MT Code / Title 5 / Chapter 11 / Part 1 / Section 5-11-109
5-11-109 Review of presidential executive orders -- restriction
Status: in_force

5-11-109 . Review of presidential executive orders -- restriction. (1) The legislative council may review an executive order issued by the president of the United States that has not been affirmed by a vote of congress and signed into law as prescribed by the constitution of the United States and recommend to the attorney general and the governor that the executive order be further reviewed. After receiving a recommendation from the legislative council or on the attorney general's own initiative, the attorney general shall review the executive order to determine the constitutionality of the order and whether to recommend that the state seek an exemption from the application of the order or seek to have the order declared to be an unconstitutional exercise of authority by the president.

(2) The state, a political subdivision, or an organization receiving public funds from the state may not implement an executive order that the attorney general determines to be unconstitutional under subsection (1) and that relates to:

(a) pandemics or other public health emergencies;

(b) the regulation of natural resources or their exploration or development, including but not limited to coal and oil;

(c) the regulation of the agriculture industry;

(d) the use of land;

(e) the regulation of the financial sector as it relates to environmental, social, or governance standards; or

(f) any regulation affecting the constitutional rights of state residents, including but not limited to the right to keep and bear arms.
Mont. Code Ann. § 5-3-102 — MT Code / Title 5 / Chapter 3 / Part 1 / Section 5-3-102
5-3-102 Calling of a future special session when legislature is in session
Status: in_force

5-3-102 . Calling of a future special session when legislature is in session. When the legislature is in session, a majority of the members may by a written request call a special session to meet at a specified time.
Mont. Code Ann. § 5-4-105 — MT Code / Title 5 / Chapter 4 / Part 1 / Section 5-4-105
5-4-105 Predrafting
Status: in_force

5-4-105 . Predrafting. (1) Prior to the legislative services division working on a bill draft request, the legislative services division shall offer to provide to the requesting legislator a brief history on the subject matter in the legislature in the past five sessions, including but not limited to:

(a) any legislation introduced in the past five sessions; and

(b) links to any online materials, including bills, fiscal notes, audio or video files, and minutes.

(2) The legislative services division may request assistance from the legislative fiscal division or legislative audit division on any state budgetary, fiscal, or audit information related to the subject matter.
Mont. Code Ann. § 5-2-201 — MT Code / Title 5 / Chapter 2 / Part 2 / Section 5-2-201
5-2-201 Presession caucus
Status: in_force

5-2-201 . Presession caucus. Not later than December 1 of each year following an election when members of the legislature are elected, the parties of each house of the legislature shall hold a presession caucus for holdover senators, senators-elect, and representatives-elect. The purpose of the caucus of each party of each house is to nominate officers and establish the basis for additional presession activity, including hiring staff and appointing committees. The legislative council shall designate the time for holding the presession caucuses.
Mont. Code Ann. § 5-13-302 — MT Code / Title 5 / Chapter 13 / Part 3 / Section 5-13-302
5-13-302 Appointment and qualifications
Status: in_force

5-13-302 . Appointment and qualifications. (1) (a) The committee shall appoint the legislative auditor and set the legislative auditor's salary in accordance with the rules for classification and pay adopted by the legislative council.

(b) The legislative auditor's employment may not be conditioned based on the review, recommendation, or feedback of a state agency. However, this subsection (1)(b) does not prevent the legislative auditor from seeking feedback of state agencies for the purposes of evaluating the performance of employees of the legislative audit division.

(c) A tie vote by the committee does not negate approval of the legislative auditor's continued employment after initial appointment or reappointment.

(2) The legislative auditor shall hold a degree from an accredited college or university with a major in accounting or an allied field and shall have at least 2 years' experience in the field of governmental accounting and auditing.
Mont. Code Ann. § 5-5-405 — MT Code / Title 5 / Chapter 5 / Part 4 / Section 5-5-405
5-5-405 Senate subpoenas
Status: in_force

5-5-405 . Senate subpoenas. A subpoena issued by the senate during an impeachment proceeding has the same force and effect as a subpoena from a district court in a criminal action.
Mont. Code Ann. § 5-5-212 — MT Code / Title 5 / Chapter 5 / Part 2 / Section 5-5-212
5-5-212 Implied resignation of member -- vacancies
Status: in_force

5-5-212 . Implied resignation of member -- vacancies. If an interim committee member misses more than two committee meetings or hearings without just cause when the legislature is not in session, the member is considered to have resigned and the vacancy must be filled in the same manner as the original appointment. Any other vacancy must be filled in the same manner.
Mont. Code Ann. § 5-5-211 — MT Code / Title 5 / Chapter 5 / Part 2 / Section 5-5-211
5-5-211 Appointment and composition of interim committees
Status: in_force

5-5-211 . Appointment and composition of interim committees. (1) Senate interim committee members must be appointed by the committee on committees.

(2) House interim committee members must be appointed by the speaker of the house.

(3) Appointments to interim committees must be made by the time of adjournment of the legislative session.

(4) A legislator may not serve on more than two interim committees unless no other legislator is available or is willing to serve.

(5) (a) Subject to 5-5-234 and subsection (5)(b) of this section, the composition of each interim committee must be as follows:

(i) four members of the house, three from the majority party and one from the minority party; and

(ii) four members of the senate, three from the majority party and one from the minority party.

(b) Subject to subsection (5)(c), if the committee workload requires, the legislative council may request the appointing authority to appoint one or two additional interim committee members from the majority party and the minority party.

(c) If additional members are appointed, members must be appointed in a manner that reflects the majority and minority composition of the legislature.

(6) The membership of the interim committees must be provided for by legislative rules. The rules must identify the committees from which members are selected, and the appointing authority shall attempt to select not less than 50% of the members from the standing committees that consider issues within the jurisdiction of the interim committee and at least one member from the joint subcommittee that considers the related agency budgets. In making the appointments, the appointing authority shall take into account term limits of members so that committee members will be available to follow through on committee activities and recommendations in the next legislative session.

(7) An interim committee, the environmental quality council, or the modernization and risk analysis committee may create subcommittees. Nonlegislative members may serve on a subcommittee. Unless the person is a full-time salaried officer or employee of the state or a political subdivision of the state, a nonlegislative member appointed to a subcommittee or to the modernization and risk analysis committee is entitled to salary and expenses to the same extent as a legislative member. If the appointee is a full-time salaried officer or employee of the state or of a political subdivision of the state, the appointee is entitled to reimbursement for travel expenses as provided for in 2-18-501 through 2-18-503 .
Mont. Code Ann. § 5-11-205 — MT Code / Title 5 / Chapter 11 / Part 2 / Section 5-11-205
5-11-205 Publication of laws -- format
Status: in_force

5-11-205 . Publication of laws -- format. (1) The legislative services division shall publish all laws and resolutions passed or adopted by each session of the legislature in a publication to be known as the Laws of Montana.

(2) Laws of each session must be printed in the Laws of Montana in the order that they have been filed in the office of the secretary of state with the chapter number assigned by the secretary of state as the heading. The chapter number must also appear as part of each page heading. In all laws containing amendments to an existing law, the new parts designated in the act by underlining must be printed in italics in the Laws of Montana and deleted provisions must be shown as stricken. The senate or house bill number may be omitted from each act.

(3) Reference to the laws of a legislative session may be made as follows: "Chapter.... (giving number), Laws of.... (giving the year enacted)".

(4) Resolutions adopted by each session of the legislature must be printed in a separate section of the Laws of Montana with the type of resolution and its number as a heading.

(5) The legislative services division shall also publish in the Laws of Montana the indexes required by 5-11-206 .
Mont. Code Ann. § 5-13-403 — MT Code / Title 5 / Chapter 13 / Part 4 / Section 5-13-403
5-13-403 Audit account -- appropriation and expenditures
Status: in_force

5-13-403 . Audit account -- appropriation and expenditures. All money for audits transferred to the legislative auditor as provided in 5-13-402 must be deposited in the state special revenue fund in the state treasury to the credit of the office of the legislative auditor. The money deposited that is in excess of general and pay plan appropriations is statutorily appropriated, as provided in 17-7-502 , and may be expended by the legislative auditor to pay expenses incurred in auditing state agencies pursuant to an operational plan approved by the legislative audit committee.
Mont. Code Ann. § 5-1-206 — MT Code / Title 5 / Chapter 1 / Part 2 / Section 5-1-206
5-1-206 Adjustment and publication of population data -- notification to local governments -- limitation on use for distribution of aid
Status: in_force

5-1-206 . Adjustment and publication of population data -- notification to local governments -- limitation on use for distribution of aid. (1) For each individual included in a report received under 5-1-203 or 5-1-204 , the center shall determine the geographic units for which population counts are reported in the federal decennial census that contain the state prison or federal correctional facility in which the individual is or was incarcerated and the individual's last known address as listed in the report provided pursuant to 5-1-203 or 5-1-204 .

(2) If the individual's last known address is in Montana, the center shall:

(a) remove the individual from any population counts for the geographic units that include the state prison unless that geographic unit also contains the individual's last known address; and

(b) ensure that any population counts reported by the center reflect the individual's last known address.

(3) If the individual's last known address is not reported or is not in Montana or if an individual reported in the federal decennial census resides in a federal correctional facility, the center shall remove the individual from any population counts for the geographic units that include the state prison or federal correctional facility at which the individual was incarcerated and allocate the individual to a state unit not tied to a specific geography as other state residents with unknown state addresses are allocated, including but not limited to military and federal government personnel stationed overseas.

(4) The center shall prepare and publish the data required under this section no later than 30 days from the date that the federal decennial data is published for Montana.

(5) The center shall notify local governments that 5-1-205 requires local governments to use the data prepared as required in this part.

(6) The data prepared by the center may not be used to calculate population to determine the distribution of state or federal aid.
Mont. Code Ann. § 5-4-304 — MT Code / Title 5 / Chapter 4 / Part 3 / Section 5-4-304
5-4-304 Amendatory veto
Status: in_force

5-4-304 . Amendatory veto. The governor may return any bill to the originating house with the governor's recommendations for amendment. The originating house shall reconsider the bill under its rules relating to an amendment offered in committee of the whole. The bill is then subject to the following procedures:

(1) The originating house shall transmit to the second house, for consideration under its rules relating to amendments in committee of the whole, the bill and the originating house's approval or disapproval of the governor's recommendations.

(2) If both houses approve the governor's recommendations, the bill must be returned to the governor for reconsideration.

(3) If both houses disapprove the governor's recommendations, the bill must be returned to the governor for reconsideration.

(4) If one house disapproves the governor's recommendations and the other house approves, then either house may request a conference committee, which may be a free conference committee:

(a) If both houses adopt a conference committee report, the bill, in accordance with the report, must be returned to the governor for reconsideration.

(b) If a conference committee fails to reach agreement or if its report is not adopted by both houses, the governor's recommendations are considered not approved and the bill must be returned to the governor for further consideration.

(5) The governor may not return the bill for amendment a second time.
Mont. Code Ann. § 5-5-213 — MT Code / Title 5 / Chapter 5 / Part 2 / Section 5-5-213
5-5-213 Officers of interim committees
Status: in_force

5-5-213 . Officers of interim committees. Each interim committee shall elect its presiding officer and vice presiding officer from among its members. The officers may not be members of the same political party.
Mont. Code Ann. § 5-5-412 — MT Code / Title 5 / Chapter 5 / Part 4 / Section 5-5-412
5-5-412 Delivery of articles to senate
Status: in_force

5-5-412 . Delivery of articles to senate. When an officer is impeached by the house of representatives, the articles of impeachment must be delivered to the president of the senate.
Mont. Code Ann. § 5-13-311 — MT Code / Title 5 / Chapter 13 / Part 3 / Section 5-13-311
5-13-311 Legislative auditor to establish and maintain toll-free number for reporting fraud, waste, and abuse -- procedures
Status: in_force

5-13-311 . Legislative auditor to establish and maintain toll-free number for reporting fraud, waste, and abuse -- procedures. (1) The legislative auditor shall establish and maintain a toll-free telephone number for Montana residents to report fraud, waste, and abuse in state government. The legislative auditor shall review all telephone calls received at the toll-free number and maintain a record of each call. The legislative auditor shall:

(a) analyze and verify the information received from each telephone call; or

(b) refer the information for appropriate action to the agency that is or appears to be the subject of the call.

(2) A state agency that receives information referred to it by the legislative auditor pursuant to this section shall take adequate and appropriate action to investigate and remedy any fraud, waste, or abuse discovered as a result of the referral. The agency shall report in writing to the legislative auditor concerning the results of its investigation and those measures taken to correct any fraud, waste, or abuse discovered as a result of the referral.

(3) Information received at the toll-free number is confidential until the time that the legislative auditor or other appropriate agency determines the validity of the information and takes corrective action. After the legislative auditor or other appropriate agency takes action to verify the fraud, waste, or abuse complained of and takes any corrective action, information concerning the subject of the complaint and the remedy, if any, is public information unless precluded by law.

(4) The legislative auditor shall, as directed by the legislative audit committee, periodically report to the committee on:

(a) the use of the toll-free number;

(b) the results of the reviews, verifications, and referrals; and

(c) any corrective actions taken by the appropriate agencies.

(5) Information received at the toll-free number concerning a governmental entity other than state government may be referred by the legislative auditor to an appropriate federal, state, or local government agency.

(6) (a) If the legislative auditor determines that as a result of a review and verification or referral pursuant to this section, a waste of state resources has occurred, the legislative auditor shall report the matter in writing to the legislative fiscal analyst.

(b) Upon completion of the investigation, the legislative auditor shall provide a copy of the report to the legislature in accordance with 5-11-210 . Confidential or personal information must be redacted.

(7) The legislative auditor shall advertise the existence and purpose of the toll-free number in an appropriate manner.
Mont. Code Ann. § 5-1-107 — MT Code / Title 5 / Chapter 1 / Part 1 / Section 5-1-107
5-1-107 Assistance of state agencies
Status: in_force

5-1-107 . Assistance of state agencies. Upon request state agencies shall cooperate with the commission and furnish technical assistance and consulting personnel.
Mont. Code Ann. § 5-7-310 — MT Code / Title 5 / Chapter 7 / Part 3 / Section 5-7-310
5-7-310 Prohibition of lobbying by former government personnel
Status: in_force

5-7-310 . Prohibition of lobbying by former government personnel. (1) An individual may not be licensed as a lobbyist and a principal may not directly authorize or permit lobbying by an individual if during the 24 months prior to applying for a license that individual served as a state legislator, elected state official, department director, appointed state official, or member of a certain personal staff, as defined by 2-18-101 .

(2) The prohibition in subsection (1) does not apply to an individual who seeks a license to serve as a lobbyist as part of the individual's responsibilities as an employee of state or local government.
Mont. Code Ann. § 5-11-111 — MT Code / Title 5 / Chapter 11 / Part 1 / Section 5-11-111
5-11-111 Legislative services division
Status: in_force

5-11-111 . Legislative services division. There is a legislative services division under the direction of an executive director employed by the legislative council under 5-11-105 . The executive director may engage personnel and consultants to fulfill the duties of the legislative services division within the limits of appropriations to the legislative services division. The executive director shall fix the compensation of the employees of the legislative services division in accordance with the rules for classification and pay adopted by the legislative council.
Mont. Code Ann. § 5-16-105 — MT Code / Title 5 / Chapter 16 / Part 1 / Section 5-16-105
5-16-105 Officers
Status: in_force

5-16-105 . Officers. The council shall elect one of its members as presiding officer and other officers that it determines necessary. An officer is elected for a term of 2 years.
Mont. Code Ann. § 5-2-407 — MT Code / Title 5 / Chapter 2 / Part 4 / Section 5-2-407
5-2-407 Anticipated vacancy
Status: in_force

5-2-407 . Anticipated vacancy. (1) Whenever it appears that a vacancy will exist in the legislature because of the inability of an elected legislator to take office at the commencement of the term to which the legislator was elected, an appointee may be selected in advance of the commencement of the term under the provisions of 5-2-402 through 5-2-406 .

(2) For purposes of determining the term of office of the appointee, the term of office commences on the day on which the appointee takes the oath of office.

(3) An appointee under this section may take office only if the vacancy in fact exists at the commencement of the term of office.
Mont. Code Ann. § 5-2-221 — MT Code / Title 5 / Chapter 2 / Part 2 / Section 5-2-221
5-2-221 Officers and employees of the senate and house of representatives
Status: in_force

5-2-221 . Officers and employees of the senate and house of representatives. (1) The officers of the senate include a president, a president pro tempore, a majority leader, a minority leader, a majority whip, and a minority whip.

(2) The officers of the house of representatives include a speaker, a speaker pro tempore, a majority leader, a minority leader, a majority whip, and a minority whip.

(3) The president and president pro tempore of the senate and the speaker and speaker pro tempore of the house must be elected by the house of which they are a member.

(4) The majority leader, minority leader, majority whip, and minority whip of the senate and house must be elected by their respective caucuses.

(5) A secretary of the senate, sergeant at arms, and chaplain must be appointed by the president subject to confirmation by the senate, and a chief clerk of the house, sergeant at arms, and chaplain must be appointed by the speaker subject to confirmation by the house.
Mont. Code Ann. § 5-5-224 — MT Code / Title 5 / Chapter 5 / Part 2 / Section 5-5-224
5-5-224 Education interim committee
Status: in_force

5-5-224 . Education interim committee. The education interim committee has administrative rule review, draft legislation review, program evaluation, and monitoring functions for the following executive branch agencies and the entities attached to agencies for administrative purposes:

(1) state board of education;

(2) board of public education;

(3) board of regents of higher education; and

(4) office of public instruction.