Mont. Code Ann. § 2-16-635 — MT Code / Title 2 / Chapter 16 / Part 6 / Section 2-16-635
2-16-635 Officer to remain in office until results declared -- filling of vacancy
Status: in_force

2-16-635 . Officer to remain in office until results declared -- filling of vacancy. The officer named in the recall petition continues in office until the officer resigns or the results of the recall election are officially declared. If a majority of those voting on the question vote to remove the officer, the office becomes vacant and the vacancy must be filled as provided by law. However, the officer recalled may not be appointed to fill the vacancy.
Mont. Code Ann. § 2-15-1015 — MT Code / Title 2 / Chapter 15 / Part 10 / Section 2-15-1015
2-15-1015 Montana tax appeal board
Status: in_force

2-15-1015 . Montana tax appeal board. There is a Montana tax appeal board as provided in Title 15, chapter 2.
Mont. Code Ann. § 2-6-1501 — MT Code / Title 2 / Chapter 6 / Part 15 / Section 2-6-1501
2-6-1501 Definitions
Status: in_force

2-6-1501 . Definitions. As used in this part, the following definitions apply:

(1) "Breach of the security of a data system" or "breach" means the unauthorized acquisition of computerized data that:

(a) materially compromises the security, confidentiality, or integrity of the personal information maintained by a state agency or by a third party on behalf of a state agency; and

(b) causes or is reasonably believed to cause loss or injury to a person.

(2) "Chief information security officer" means an employee at the department of administration designated by the chief information officer who is responsible for protecting the state's information assets and citizens' data by:

(a) advising and overseeing information security strategy and programs for executive branch state agencies without elected officials;

(b) advising and consulting information security strategy and programs for executive branch state agencies with elected officials and the legislative and judicial branches; and

(c) advising information security strategy and programs for city, county, consolidated city-county, and local governments and for school districts, other political subdivisions, or tribal governments.

(3) "Individual" means a human being.

(4) "Person" means an individual, a partnership, a corporation, an association, or a public organization of any character.

(5) (a) "Personal information" means a first name or first initial and last name in combination with any one or more of the following data elements when the name and data elements are not encrypted:

(i) a social security number;

(ii) a driver's license number, an identification card number issued pursuant to 61-12-501 , a tribal identification number or enrollment number, or a similar identification number issued by any state, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, or American Samoa;

(iii) an account number or credit or debit card number in combination with any required security code, access code, or password that would permit access to a person's financial account;

(iv) medical record information as defined in 33-19-104 ;

(v) a taxpayer identification number; or

(vi) an identity protection personal identification number issued by the United States internal revenue service.

(b) The term does not include publicly available information from federal, state, local, or tribal government records.

(6) "Redaction" means the alteration of personal information contained within data to make all or a significant part of the data unreadable. The term includes truncation, which means that no more than the last four digits of an identification number are accessible as part of the data.

(7) "Security incident" means an occurrence that:

(a) actually or potentially jeopardizes the confidentiality, integrity, or availability of an information system or the information the system processes, stores, or transmits; or

(b) constitutes a violation or imminent threat of violation of security policies, security procedures, or acceptable use policies.

(8) (a) "State agency" means an agency, authority, board, bureau, college, commission, committee, council, department, hospital, institution, office, university, or other instrumentality of the legislative or executive branch of state government. The term includes an employee of a state agency acting within the course and scope of employment.

(b) The term does not include an entity of the judicial branch.

(9) "Third party" means:

(a) a person with a contractual obligation to perform a function for a state agency; or

(b) a state agency with a contractual or other obligation to perform a function for another state agency.
Mont. Code Ann. § 2-15-2506 — MT Code / Title 2 / Chapter 15 / Part 25 / Section 2-15-2506
2-15-2506 Board of aeronautics -- qualification -- allocation -- quasi-judicial
Status: in_force

2-15-2506 . Board of aeronautics -- qualification -- allocation -- quasi-judicial. (1) There is a board of aeronautics.

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

(a) one member of the Montana pilots' association;

(b) one member of the Montana chamber of commerce;

(c) one representative of the Montana airport management association;

(d) one member of the Montana county commissioners association or the Montana league of cities and towns;

(e) one person actively engaged in aviation education in this state;

(f) one person representative of interstate commercial airline operators, who must at the time of appointment be an employee or official of an interstate commercial airline operator and a resident of this state;

(g) one person representing the general public;

(h) one member of the association of Montana aerial applicators; and

(i) one person who must at the time of appointment be an active fixed base operator in this state, or an official of a fixed base operator in this state, of flying services or flying schools.

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

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

(5) The administrator of the aeronautics division shall act as liaison between the board and the department of transportation.
Mont. Code Ann. § 2-15-203 — MT Code / Title 2 / Chapter 15 / Part 2 / Section 2-15-203
2-15-203 Western governors' university
Status: in_force

2-15-203 . Western governors' university. The governor is authorized to act in consort with the governors of other states to create an entity to facilitate the provision of higher education services by electronic means to the residents of Montana and other states. The governor may take any steps necessary for Montana to join the entity that is created, including the payment of a fee, assessment, or other charge required for membership. It is anticipated that the entity will be called the western governors' university, but this authorization is not dependent on the entity being known by any specific name.
Mont. Code Ann. § 2-15-3307 — MT Code / Title 2 / Chapter 15 / Part 33 / Section 2-15-3307
2-15-3307 Board of water well contractors
Status: in_force

2-15-3307 . Board of water well contractors. (1) There is a board of water well contractors.

(2) The board is composed of seven voting members, consisting of:

(a) one technical adviser who is a hydrogeologist appointed by the Montana bureau of mines and geology;

(b) four licensed Montana water well contractors appointed by the governor with the concurrence of the senate, with preference given to contractors from diverse geographical areas of the state;

(c) one member appointed by the director of environmental quality; and

(d) one member appointed by the director of natural resources and conservation.

(3) The members of the board must have been bona fide residents of this state for a period of a least 3 years prior to such appointment.

(4) The members of the board shall serve for terms of 3 years. In case of a vacancy in the office of a member of the board, an appointment must be made to fill the vacancy in the manner prescribed by the constitution and laws of this state.

(5) The members of the board shall, upon entering on the duties of their office, take and subscribe to the oath specified in the constitution of Montana, and the oath must be filed in the office of the secretary of state.

(6) The board is allocated to the department of natural resources and conservation for administrative purposes only as prescribed in 2-15-121 .

(7) A member of the board may not be a close relative to another member of the board.

(8) A member of the board may not be employed by the same firm, corporation, partnership, or other business entity as another member of the board.

(9) For the purposes of this section, "close relative" means a parent, child, sibling, or spouse or a relative of the same degree through marriage.
Mont. Code Ann. § 2-10-104 — MT Code / Title 2 / Chapter 10 / Part 1 / Section 2-10-104
2-10-104 Guidelines for actions with taking implications
Status: in_force

2-10-104 . Guidelines for actions with taking implications. (1) The attorney general shall develop and provide to state agencies guidelines, including a checklist, to assist the agencies in identifying and evaluating agency actions with taking or damaging implications. The attorney general shall at least annually review the guidelines and modify them as necessary to comply with changes in statutes and court decisions.

(2) In developing guidelines, the attorney general shall include a provision that state agencies should consider and follow obligations imposed by the 5th and 14th amendments to the Constitution of the United States and Article II, section 29, of the Montana constitution, as construed by the United States supreme court and the Montana supreme court, when considering and implementing an action with taking or damaging implications in order to avoid unanticipated and undue burdens on the state treasury.
Mont. Code Ann. § 2-9-313 — MT Code / Title 2 / Chapter 9 / Part 3 / Section 2-9-313
2-9-313 Service of process on state
Status: in_force

2-9-313 . Service of process on state. In all actions against the state arising under this chapter, the state must be named the defendant and the summons and complaint must be served on the director of the department of administration in addition to service required by Rule 4(l), M.R.Civ.P. The state shall serve an answer within 40 days after service of the summons and complaint.
Mont. Code Ann. § 2-9-703 — MT Code / Title 2 / Chapter 9 / Part 7 / Section 2-9-703
2-9-703 Purchase
Status: in_force

2-9-703 . Purchase. (1) The board of county commissioners shall purchase all surety bonds for county officers and employees.

(2) Bonds purchased by the board of county commissioners must be executed by responsible insurance or surety companies authorized and admitted to execute surety bonds in this state or by a self-insurance pool insuring counties as authorized by 2-9-211 .
Mont. Code Ann. § 2-15-1705 — MT Code / Title 2 / Chapter 15 / Part 17 / Section 2-15-1705
2-15-1705 Board of personnel appeals -- allocation -- composition -- vote necessary for decision -- quasi-judicial
Status: in_force

2-15-1705 . Board of personnel appeals -- allocation -- composition -- vote necessary for decision -- quasi-judicial. (1) There is a board of personnel appeals.

(2) The board is allocated to the department of labor and industry for administrative purposes only as prescribed in 2-15-121 .

(3) (a) The board consists of five members and three substitute members appointed by the governor as follows:

(i) two members who are full-time management employees in organizations with collective bargaining units or who represent management in collective bargaining activities and a substitute member with the same qualifications as the other two members who is to serve in place of an absent member and to participate only in the decisions of the proceeding that the substitute member is attending;

(ii) two members who are full-time employees or elected officials of a labor union or an association recognized by the board and a substitute member with the same qualifications as the other two members who is to serve in place of an absent member and to participate only in the decisions of the proceeding that the substitute member is attending; and

(iii) one other member having general labor-management experience who is the presiding officer and a substitute member with the same qualifications as the other member who is to serve in place of an absent member and to participate only in the decisions of the proceeding that the substitute member is attending.

(b) All members of the board shall serve as impartial decisionmakers and are not appointed to serve the interests of the organizations they represent.

(c) A substitute board member is entitled to the same compensation and per diem when serving as the other members of the board.

(4) In all proceedings before the board, a favorable vote of at least a majority of a quorum is sufficient to adopt any resolution, motion, or other decision.

(5) The board is designated a quasi-judicial board for purposes of 2-15-124 .
Mont. Code Ann. § 2-17-422 — MT Code / Title 2 / Chapter 17 / Part 4 / Section 2-17-422
2-17-422 Operating history
Status: in_force

2-17-422 . Operating history. Each state agency shall maintain motor vehicle operating history records for motor vehicles under control of the agency. These records must show the purchase price of the vehicle and the items of expense incurred in the operation of the vehicle, including the expenses of gas, oil, repairs, labor, storage, and service. A complete summary of the operating cost and history record of all state-owned or leased vehicles and trucks must be prepared for each fiscal year.
Mont. Code Ann. § 2-4-601 — MT Code / Title 2 / Chapter 4 / Part 6 / Section 2-4-601
2-4-601 Notice
Status: in_force

2-4-601 . Notice. (1) In a contested case, all parties must be afforded an opportunity for hearing after reasonable notice.

(2) The notice must include:

(a) a statement of the time, place, and nature of the hearing;

(b) a statement of the legal authority and jurisdiction under which the hearing is to be held;

(c) a reference to the particular sections of the statutes and rules involved;

(d) a short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement must be furnished.

(e) a statement that a formal proceeding may be waived pursuant to 2-4-603 .
Mont. Code Ann. § 2-15-1736 — MT Code / Title 2 / Chapter 15 / Part 17 / Section 2-15-1736
2-15-1736 Board of optometry
Status: in_force

2-15-1736 . Board of optometry. (1) In accordance with 37-1-123 , there is a board of optometry.

(2) The board consists of five members:

(a) four optometrists; and

(b) one public member.

(3) The board is allocated to the department as prescribed in 2-15-121 .
Mont. Code Ann. § 2-16-302 — MT Code / Title 2 / Chapter 16 / Part 3 / Section 2-16-302
2-16-302 Oath of deputies
Status: in_force

2-16-302 . Oath of deputies. Deputies must within 10 days after receiving notice of their appointment take and file an oath in the manner required of their principals.
Mont. Code Ann. § 2-8-302 — MT Code / Title 2 / Chapter 8 / Part 3 / Section 2-8-302
2-8-302 Privatization plan -- hearing -- role of legislative audit committee -- action by governor
Status: in_force

2-8-302 . Privatization plan -- hearing -- role of legislative audit committee -- action by governor. (1) Before an agency may privatize a program, it shall prepare a privatization plan as provided in 2-8-303 .

(2) The privatization plan must be released to the public and to all unions that represent state employees and must be submitted to the legislative audit committee at least 180 days prior to the proposed implementation date.

(3) At least 90 days prior to the proposed implementation date, the legislative audit committee shall conduct a public hearing on the proposed privatization plan at which public comments and testimony must be received.

(4) At least 45 days prior to the proposed implementation date, the legislative audit committee shall release to the public a summary of the results of the hearing and the findings and conclusions of the legislative audit committee.

(5) (a) At least 30 days prior to the proposed implementation date, the legislative audit committee shall vote to recommend approval or disapproval of the privatization plan to the governor and transmit the recommendation in writing to the governor.

(b) The recommendation of the legislative audit committee is advisory only.

(6) At least 15 days prior to the proposed implementation date, the governor shall approve or disapprove the privatization plan, stating in writing the reasons for approval or disapproval.
Mont. Code Ann. § 2-3-114 — MT Code / Title 2 / Chapter 3 / Part 1 / Section 2-3-114
2-3-114 Enforcement -- attorney fees
Status: in_force

2-3-114 . Enforcement -- attorney fees. (1) The district courts of the state have jurisdiction to set aside an agency decision under this part upon petition of any person whose rights have been prejudiced. A petition pursuant to this section must be filed within 30 days of the date on which the person learns, or reasonably should have learned, of the agency's decision.

(2) A person alleging a deprivation of rights who prevails in an action brought in district court to enforce the person's rights under Article II, section 8, of the Montana constitution may be awarded costs and reasonable attorney fees.
Mont. Code Ann. § 2-6-1101 — MT Code / Title 2 / Chapter 6 / Part 11 / Section 2-6-1101
2-6-1101 Secretary of state -- powers and duties -- rulemaking authority
Status: in_force

2-6-1101 . Secretary of state -- powers and duties -- rulemaking authority. To ensure the proper management and safeguarding of public records, the secretary of state shall:

(1) establish guidelines based on accepted industry standards for managing public records;

(2) upon request of another executive branch agency, review, analyze, and make recommendations regarding executive branch agency filing systems and procedures;

(3) operate the state records center for the purpose of storing and servicing public records not retained in office space;

(4) provide information and training materials for all phases of efficient and effective records management;

(5) consult with the department of administration pursuant to 2-6-1102 ;

(6) adopt rules regarding management of public records;

(7) adopt rules to implement the objectives of the state records committee and local government records committee; and

(8) upon request, assist and advise in the establishment of records management procedures in the legislative and judicial branches of state government and provide services similar to those available to the executive branch.
Mont. Code Ann. § 2-17-101 — MT Code / Title 2 / Chapter 17 / Part 1 / Section 2-17-101
2-17-101 Allocation of space -- leasing -- definition
Status: in_force

2-17-101 . Allocation of space -- leasing -- definition. (1) The department of administration shall determine the space required by state agencies other than the legislature and the legislative space designated in 2-17-108 , 2-17-114 , and 2-17-802 and the university system and shall allocate space in buildings owned or leased by the state, based on each agency's need. To efficiently and effectively allocate space, the department shall identify the amount, location, and nature of space used by each agency, including summary information on average cost per square foot for each municipality, and report this to the office of budget and program planning and to the legislative fiscal analyst by September 1 of each even-numbered year. The report must be provided in an electronic format. The department of administration shall provide a copy of the report to the legislature in accordance with 5-11-210 .

(2) An agency requiring additional space shall notify the department. The department, in consultation with the agency, shall determine the amount and nature of the space needed and locate space within a building owned or leased by the state, including buildings in Helena and in other areas, to meet the agency's requirements. If space is not available in a building owned or leased by the state, the department shall locate space to be leased in an appropriate existing building or a build-to-lease building, including buildings in Helena and in other areas, or recommend alternatives to leasing, such as remodeling or exchanging space with another agency. A state agency may not lease, rent, or purchase real property without prior approval of the department.

(3) The location of the chambers for the house of representatives must be determined in the sole discretion of the house of representatives. The location of the chambers for the senate must be determined in the sole discretion of the senate.

(4) The department shall consolidate the offices of state agencies in a single, central location within a municipality whenever the consolidation would result in a cost savings to the state while permitting sufficient space and facilities for the agencies. The department may purchase, lease, or acquire, by exchange or otherwise, land and buildings in a municipality to achieve consolidation. Offices of the law enforcement services division and motor vehicle division of the department of justice are exempted from consolidation.

(5) Except for any lease entered into by the department for the purposes of subsection (4), any lease for more than 40,000 square feet or for a term of more than 20 years must be submitted as part of the long-range building program and approved by the legislature before the department of administration may proceed with the lease. Multiple leases in the same building entered into within any 60-day period are to be aggregated for purposes of this threshold calculation. When immediate relocation of agency employees is required due to a public exigency, the requirements of this subsection do not apply, but the new lease must be reported as required by subsection (1).

(6) The department shall include language in every lease providing that if funds are not appropriated or otherwise made available to support continued performance of the lease in subsequent fiscal periods, the lease must be canceled.

(7) "Public exigency" means that due to unforeseen circumstances a facility occupied by state employees is uninhabitable due to immediate conditions that adversely impact the health or safety of the occupants of the facility.
Mont. Code Ann. § 2-15-1011 — MT Code / Title 2 / Chapter 15 / Part 10 / Section 2-15-1011
2-15-1011 State agency for surplus property
Status: in_force

2-15-1011 . State agency for surplus property. There is a Montana state agency for federal surplus property that is administered by a department designated by the governor. The director of the department may prescribe the duties of personnel needed to carry out the duties of Title 18, chapter 5, part 2.
Mont. Code Ann. § 2-15-2045 — MT Code / Title 2 / Chapter 15 / Part 20 / Section 2-15-2045
2-15-2045 End of watch health insurance support
Status: in_force

2-15-2045 . End of watch health insurance support. (1) (a) Local governments that employ a law enforcement officer and provide health insurance benefits to an officer, an officer's spouse, or an officer's dependents shall:

(i) enroll the officer and the officer's spouse and dependents in COBRA continuation coverage if the officer is catastrophically injured; and

(ii) enroll the officer's spouse and dependents in COBRA coverage if the officer dies in the line of duty.

(b) Continuation coverage under this section must provide for the same level of continuation coverage benefits as is available to other members of the group. Premiums charged to an officer, spouse, or dependent under this section must be the same as premiums charged to other similarly situated members of the group.

(c) Dependent special enrollment must be allowed under the terms of the insurance contract or plan.

(d) The provisions of this section are applicable to an officer, spouse, or dependent who is already insured under a COBRA continuation provision and who was enrolled under the law enforcement officer's employee health plan at the time of the officer's catastrophic injury or death in the line of duty.

(2) The law enforcement officer's employing agency shall pay the premium for 4 months after the catastrophic injury or death in the line of duty, after which the officer, spouse, or dependent may continue paying the premium or allow the coverage to lapse.

(3) The benefit plans may discontinue or not renew the coverage of an officer, spouse, or dependent only if:

(a) the officer, spouse, or dependent has failed to pay premiums or contributions for which the individual is responsible pursuant to subsection (2);

(b) the officer, spouse, or dependent has performed an act or practice that constitutes fraud or has made an intentional misrepresentation of a material fact under the terms of the coverage; or

(c) the state employee group benefit plans cease to offer coverage in accordance with applicable state law.
Mont. Code Ann. § 2-4-703 — MT Code / Title 2 / Chapter 4 / Part 7 / Section 2-4-703
2-4-703 Receipt of additional evidence
Status: in_force

2-4-703 . Receipt of additional evidence. If, before the date set for hearing, application is made to the court for leave to present additional evidence and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence be taken before the agency upon conditions determined by the court. The agency may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court.
Mont. Code Ann. § 2-6-1102 — MT Code / Title 2 / Chapter 6 / Part 11 / Section 2-6-1102
2-6-1102 Department of administration -- powers and duties
Status: in_force

2-6-1102 . Department of administration -- powers and duties. (1) To ensure compatibility with the information technology resources of state government and to promote adherence to records management principles and best practices, the department of administration, in consultation with the secretary of state, shall establish standards for technological compatibility for state agencies for records management equipment or systems used to electronically capture, store, or retrieve public records through computerized, optical, or other electronic methods.

(2) The department of administration, in consultation with the secretary of state, shall approve all acquisitions of executive branch agency records management equipment or systems used to electronically capture, store, or retrieve public records through computerized, optical, or other electronic methods to ensure compatibility with the standards developed under subsection (1).

(3) The department of administration is responsible for the management and operation of equipment, systems, facilities, and processes integral to information technology resources and the state telecommunications network.
Mont. Code Ann. § 2-18-621 — MT Code / Title 2 / Chapter 18 / Part 6 / Section 2-18-621
2-18-621 Unlawful termination -- unlawful payments
Status: in_force

2-18-621 . Unlawful termination -- unlawful payments. (1) It is unlawful for an employer to terminate or separate an employee from employment in an attempt to circumvent the provisions of 2-18-611 , 2-18-612 , and 2-18-614 . If a question arises under this subsection, it must be submitted to arbitration as provided in Title 27, chapter 5, as if an agreement described in 27-5-114 is in effect, unless there is an applicable collective bargaining agreement to the contrary.

(2) (a) An employee who terminates employment is entitled to receive only:

(i) payments for accumulated wages, vacation leave as provided in 2-18-617 , sick leave as provided in 2-18-618 , and compensatory time earned as provided in the rules or policies of the employer; and

(ii) if the termination is the result of a reduction in force, severance pay and a retraining allowance as provided for in 2-18-622 .

(b) An employee who terminates employment may not receive severance pay, a bonus, or any other type of monetary payment not described in subsection (2)(a)(i) or (2)(a)(ii).

(3) Subsection (2) does not apply to:

(a) retirement benefits;

(b) a payment, settlement, award, or judgment that involves a potential or actual cause of action, legal dispute, claim, grievance, contested case, or lawsuit; or

(c) any other payment authorized by law.
Mont. Code Ann. § 2-15-601 — MT Code / Title 2 / Chapter 15 / Part 6 / Section 2-15-601
2-15-601 State auditor
Status: in_force

2-15-601 . State auditor. There is a state auditor as provided in Article VI, section 1, of the Montana constitution.
Mont. Code Ann. § 2-5-109 — MT Code / Title 2 / Chapter 5 / Part 1 / Section 2-5-109
2-5-109 Facilitator -- selection and duties
Status: in_force

2-5-109 . Facilitator -- selection and duties. (1) An agency may nominate a person to serve as a facilitator for the negotiations of the committee, subject to the approval of the committee by consensus. If the committee does not approve the agency's nomination for facilitator, the agency shall submit a substitute nomination. If a committee does not approve the substitute nomination of the agency for facilitator, the committee shall select by consensus a person to serve as facilitator. A person designated to represent the agency in substantive issues may not serve as facilitator or presiding officer for the committee.

(2) A facilitator approved or selected by a committee shall:

(a) preside at the meetings of the committee in an impartial manner;

(b) impartially assist the members of the committee in conducting discussions and negotiations and achieving consensus; and

(c) manage the keeping of minutes and records.
Mont. Code Ann. § 2-18-612 — MT Code / Title 2 / Chapter 18 / Part 6 / Section 2-18-612
2-18-612 Rate earned
Status: in_force

2-18-612 . Rate earned. (1) Vacation leave credits are earned at a yearly rate calculated in accordance with the following schedule, which applies to the total years of an employee's employment with any agency whether the employment is continuous or not:

Years of employment Working days credit 1 day through 10 years 15 10 years through 15 years 18 15 years through 20 years 21 20 years or more 24

(2) (a) For the purpose of determining years of employment under this section, an employee eligible to earn vacation credits under 2-18-611 must be credited with 1 year of employment for each period of:

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

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

(b) State agencies, other than the university system and a school at a state institution, shall use the method provided in subsection (2)(a)(i) to calculate years of service under this section.
Mont. Code Ann. § 2-17-819 — MT Code / Title 2 / Chapter 17 / Part 8 / Section 2-17-819
2-17-819 Memorial for Montana's organ donors -- display -- private funding
Status: in_force

2-17-819 . (Temporary) Memorial for Montana's organ donors -- display -- private funding. (1) Subject to 2-17-807 (4) and other provisions of Title 2, chapter 17, part 8, including review by the capitol complex advisory council, a memorial honoring organ donors of Montana must be displayed on the capitol complex grounds.

(2) The cost for the procurement, installation, and maintenance of the memorial must be paid from private funds.

(3) The design, installation, maintenance, and funding of the outdoor memorial is subject to provisions of the art and memorial plan adopted by the council pursuant to 2-17-804 . (Void on occurrence of contingency--sec. 5, Ch. 211, L. 2023.)
Mont. Code Ann. § 2-7-513 — MT Code / Title 2 / Chapter 7 / Part 5 / Section 2-7-513
2-7-513 Content of audit report and financial report
Status: in_force

2-7-513 . Content of audit report and financial report. (1) The audit reports must comply with the reporting requirements of government auditing standards issued by the U.S. comptroller general and federal regulations adopted by department rule.

(2) The department shall prescribe general methods and details of accounting for the financial report for local government entities other than schools. The financial report must be submitted in a form required by the department. The superintendent of public instruction shall prescribe the general methods and details of accounting for financial reports for schools.
Mont. Code Ann. § 2-15-1731 — MT Code / Title 2 / Chapter 15 / Part 17 / Section 2-15-1731
2-15-1731 Board of medical examiners
Status: in_force

2-15-1731 . Board of medical examiners. (1) In accordance with 37-1-123 , there is a Montana state board of medical examiners.

(2) The board consists of 13 members:

(a) five doctors of medicine, including one with experience in emergency medicine, none of whom may be from the same county;

(b) one doctor of osteopathy;

(c) one podiatrist;

(d) one dietitian;

(e) three physician assistants; and

(f) two public members.

(3) The board is allocated to the department as prescribed in 2-15-121 .
Mont. Code Ann. § 2-15-1511 — MT Code / Title 2 / Chapter 15 / Part 15 / Section 2-15-1511
2-15-1511 Agencies allocated to state board of education
Status: in_force

2-15-1511 . Agencies allocated to state board of education. The state historical society, the Montana arts council, and the state library commission are allocated to the state board of education for purposes of planning and coordination. Budget requests to the state for these agencies shall be included with the budget requests of the state board of education; however, the governance, management, and control of the respective agencies shall be vested respectively in the board of trustees of the state historical society, the Montana arts council, and the state library commission.
Mont. Code Ann. § 2-9-114 — MT Code / Title 2 / Chapter 9 / Part 1 / Section 2-9-114
2-9-114 Immunity from suit for certain actions by local elected executives
Status: in_force

2-9-114 . Immunity from suit for certain actions by local elected executives. A local governmental entity and the elected executive officer thereof are immune from suit for damages arising from the lawful discharge of an official duty associated with vetoing or approving ordinances or other legislative acts or in calling sessions of the legislative body.
Mont. Code Ann. § 2-15-104 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-104
2-15-104 Structure of executive branch
Status: in_force

2-15-104 . Structure of executive branch. (1) In accordance with the constitution, all executive and administrative offices, boards, commissions, agencies, and instrumentalities of the executive branch of state government and their respective functions are allocated by this chapter among and within the following departments or entities:

(a) department of administration;

(b) department of military affairs;

(c) department of revenue;

(d) state board of education;

(e) department of labor and industry;

(f) department of commerce;

(g) department of justice;

(h) department of public health and human services;

(i) department of corrections;

(j) department of transportation;

(k) department of public service regulation;

(l) department of agriculture;

(m) department of livestock;

(n) department of natural resources and conservation;

(o) department of fish, wildlife, and parks;

(p) department of environmental quality.

(2) For its internal structure, each department shall adhere to the following standard terms:

(a) The principal unit of a department is a division. Each division is headed by an administrator.

(b) The principal unit of a division is a bureau. Each bureau is headed by a chief.

(c) The principal unit of a bureau is a section. Each section is headed by a supervisor.
Mont. Code Ann. § 2-15-3004 — MT Code / Title 2 / Chapter 15 / Part 30 / Section 2-15-3004
2-15-3004 Montana alfalfa seed committee -- composition -- allocation
Status: repealed

2-15-3004 . (Temporary) Montana alfalfa seed committee -- composition -- allocation. (1) There is a Montana alfalfa seed committee composed of eight members as follows:

(a) five members appointed by the governor who are citizens of Montana and who are actively engaged in the growing of alfalfa seed within the state, deriving a substantial portion of their income from handling, packing, shipping, buying, or selling alfalfa seed, or acting as a broker or factor of alfalfa seed. These five members must be compensated as provided in 80-11-305 .

(b) two members appointed by the governor who are citizens of Montana and who are actively engaged in the growing of alfalfa seed within the state and the rearing of alfalfa leaf-cutting bees. Each member must be compensated from the state special revenue account established in 80-6-1109 at $25 for each day in which the member is engaged in the official business of the committee, plus expenses as provided for in 2-18-501 through 2-18-503 .

(c) the director of the department of agriculture or the director's authorized representative.

(2) A list of nominees for appointment may be submitted to the governor by the Montana alfalfa seed association, the Montana seed trade association, the Montana seed growers association, and any other organization representing alfalfa seed growers or dealers. Names of nominees must be submitted at least 91 days before the expiration of a committee member's term. The governor shall appoint members from among the persons nominated.

(3) The appointed members serve staggered terms of 3 years. The initial appointments are as follows: two members for 1-year terms, two members for 2-year terms, and three members for 3-year terms.

(4) The committee is allocated to the department of agriculture for administrative purposes only as prescribed in 2-15-121 . (Repealed effective July 1, 2026--sec. 6, Ch. 426, L. 2025, sec. 8, Ch. 426, L. 2025.)
Mont. Code Ann. § 2-18-622 — MT Code / Title 2 / Chapter 18 / Part 6 / Section 2-18-622
2-18-622 Reduction in force -- severance pay and retraining allowance required
Status: in_force

2-18-622 . Reduction in force -- severance pay and retraining allowance required. If a reduction in force is necessary, the state may provide severance pay and a retraining allowance. Within a collective bargaining unit, severance pay and the retraining allowance are negotiable subjects under 39-31-305 .
Mont. Code Ann. § 2-3-106 — MT Code / Title 2 / Chapter 3 / Part 1 / Section 2-3-106
2-3-106 Period for which copy retained
Status: in_force

2-3-106 . Period for which copy retained. Each radio or television station broadcasting any summary of a legal notice shall for a period of 6 months subsequent to such broadcast retain at its office a copy or transcription of the text of the summary as actually broadcast, which shall be available for public inspection.
Mont. Code Ann. § 2-4-611 — MT Code / Title 2 / Chapter 4 / Part 6 / Section 2-4-611
2-4-611 Hearing examiners -- legal services unit -- conduct of hearings -- disqualification of hearing examiners and agency members
Status: in_force

2-4-611 . Hearing examiners -- legal services unit -- conduct of hearings -- disqualification of hearing examiners and agency members. (1) An agency may appoint hearing examiners for the conduct of hearings in contested cases. A hearing examiner must be assigned with due regard to the expertise required for the particular matter.

(2) An agency may elect to request a hearing examiner from an agency legal assistance program, if any, within the attorney general's office or from another agency. If the request is honored, the time, date, and place of the hearing must be set by the agency, with the concurrence of the legal assistance program or the other agency.

(3) Agency members or hearing examiners presiding over hearings may administer oaths or affirmations; issue subpoenas pursuant to 2-4-104 ; provide for the taking of testimony by deposition; regulate the course of hearings, including setting the time and place for continued hearings and fixing the time for filing of briefs or other documents; and direct parties to appear and confer to consider simplification of the issues by consent of the parties.

(4) On the filing by a party, hearing examiner, or agency member in good faith of a timely and sufficient affidavit of personal bias, lack of independence, disqualification by law, or other disqualification of a hearing examiner or agency member, the agency shall determine the matter as a part of the record and decision in the case. The agency may disqualify the hearing examiner or agency member and request another hearing examiner pursuant to subsection (2) or assign another hearing examiner from within the agency. The affidavit must state the facts and the reasons for the belief that the hearing examiner should be disqualified and must be filed not less than 10 days before the original date set for the hearing.
Mont. Code Ann. § 2-21-104 — MT Code / Title 2 / Chapter 21 / Part 1 / Section 2-21-104
2-21-104 Required review
Status: in_force

2-21-104 . Required review. If an artificial intelligence system produces a recommendation or decision for a government entity or state officer that could impact the rights, duties, or privileges and immunities of a person, the recommendation or decision must be reviewed and is subject to rejection or modification by a human in an appropriate responsible position.
Mont. Code Ann. § 2-15-3319 — MT Code / Title 2 / Chapter 15 / Part 33 / Section 2-15-3319
2-15-3319 Terminated
Status: in_force

2-15-3319 . Terminated. Sec. 15, Ch. 456, L. 1999.
Mont. Code Ann. § 2-6-1107 — MT Code / Title 2 / Chapter 6 / Part 11 / Section 2-6-1107
2-6-1107 State records committee -- composition and meetings
Status: in_force

2-6-1107 . State records committee -- composition and meetings. (1) There is a state records committee composed of:

(a) representatives of:

(i) the department of administration;

(ii) the legislative auditor;

(iii) the attorney general;

(iv) the secretary of state;

(v) the Montana historical society;

(vi) the governor;

(vii) the clerk of the supreme court; and

(viii) the state chief information officer; and

(b) five members representing executive branch agencies designated pursuant to subsections (4) and (5).

(2) The state records committee is administered by the secretary of state, and the secretary of state's representative serves as the presiding officer for the committee.

(3) The committee members representing the agencies in subsection (1)(a) are designated by the heads of the respective agencies, and their appointments must be submitted in writing to the secretary of state. These committee members serve at the pleasure of the heads of their respective agencies.

(4) To implement subsection (1)(b), the committee members in subsection (1)(a) shall develop a rotation by which each of the executive branch agencies is designated to select a representative to serve a 2-year term as a committee member. The secretary of state shall adopt the rotation by administrative rule.

(5) The committee shall establish guidelines for the heads of executive branch agencies in appointing representatives to ensure the executive branch representatives provide a balance of perspectives from records management, information technology, and legal professionals.

(6) The committee shall meet at least quarterly.

(7) Committee members shall serve without additional salary but are entitled to reimbursement for travel expenses incurred while engaged in committee activities as provided for in 2-18-501 through 2-18-503 . Expenses must be paid from the appropriations made for operation of their respective agencies.
Mont. Code Ann. § 2-1-101 — MT Code / Title 2 / Chapter 1 / Part 1 / Section 2-1-101
2-1-101 Sovereignty and style of process
Status: in_force

2-1-101 . Sovereignty and style of process. The sovereignty of the state resides in the people thereof, but the style of all process must be "The State of Montana", and all prosecutions must be conducted in the name of the state.
Mont. Code Ann. § 2-18-411 — MT Code / Title 2 / Chapter 18 / Part 4 / Section 2-18-411
2-18-411 Lost warrants -- replacement
Status: in_force

2-18-411 . Lost warrants -- replacement. (1) Upon receipt of proof satisfactory to the treasurer that a payroll warrant issued by the state treasurer has been lost or destroyed prior to its delivery to the employee to whom it is payable, the state treasurer shall, upon certification by the payee's appointing power, issue a replacement warrant in payment of the same amount without requiring a bond from the payee. Any loss incurred in connection with the warrant must be charged against the account from which the payment was derived.

(2) A payroll warrant is considered to have been lost if it has been sent to the payee but not received by the payee within a reasonable time, consistent with the policy of prompt payment of employees, or if it has been sent to a state officer or employee for delivery to the payee or for forwarding to another state officer or employee for delivery and has not been received within a reasonable time.
Mont. Code Ann. § 2-15-103 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-103
2-15-103 Policymaking authority and administrative powers of governor
Status: in_force

2-15-103 . Policymaking authority and administrative powers of governor. In accordance with Article VI, section 4, of the Montana constitution, the governor is the chief executive officer of the state. Subject to the constitution and law of this state, the governor shall formulate and administer the policies of the executive branch of state government. In the execution of these policies, the governor has full powers of supervision, approval, direction, and appointment over all departments and their units, other than the office of the lieutenant governor, secretary of state, attorney general, auditor, and superintendent of public instruction, except as otherwise provided by law. Whenever a conflict arises as to the administration of the policies of the executive branch of state government, except for conflicts arising in the office of the lieutenant governor, secretary of state, attorney general, auditor, and superintendent of public instruction, the governor shall resolve the conflict, and the decision of the governor is final.
Mont. Code Ann. § 2-15-1743 — MT Code / Title 2 / Chapter 15 / Part 17 / Section 2-15-1743
2-15-1743 Board of funeral service
Status: in_force

2-15-1743 . Board of funeral service. (1) In accordance with 37-1-123 , there is a board of funeral service.

(2) The board consists of six members:

(a) three morticians;

(b) one crematory operator or a mortician engaged in a crematory operation;

(c) one representative of a cemetery company governed by Title 37, chapter 19, part 8; and

(d) one public member.

(3) The board is allocated to the department as prescribed in 2-15-121 .
Mont. Code Ann. § 2-4-103 — MT Code / Title 2 / Chapter 4 / Part 1 / Section 2-4-103
2-4-103 Rules and statements to be made available to public
Status: in_force

2-4-103 . Rules and statements to be made available to public. (1) Each agency shall:

(a) make available for public inspection all rules and all other written statements of policy or interpretations formulated, adopted, or used by the agency in the discharge of its functions;

(b) upon request of any person, provide a copy of any rule.

(2) Unless otherwise provided by statute, an agency may require the payment of the cost of providing such copies.

(3) No agency rule is valid or effective against any person or party whose rights have been substantially prejudiced by an agency's failure to comply with the public inspection requirement herein.
Mont. Code Ann. § 2-15-2019 — MT Code / Title 2 / Chapter 15 / Part 20 / Section 2-15-2019
2-15-2019 Terminated
Status: in_force

2-15-2019 . Terminated. Sec. 12, Ch. 235, L. 2017.
Mont. Code Ann. § 2-9-521 — MT Code / Title 2 / Chapter 9 / Part 5 / Section 2-9-521
2-9-521 Discharge of sureties
Status: in_force

2-9-521 . Discharge of sureties. Whenever any sureties on the official bond of any officer wish to be discharged from their liability, they and such officer may procure the same to be done if such officer will execute a new bond in accordance with the provisions of this part in like form, penalty, and conditions, and to be approved and filed as the original bond. Upon the filing and approval of the new bond, such first sureties are exonerated from all further liability, but their bond remains in full force as to all liabilities incurred previous to the approval of such new bond. The liability of the principal and surety or sureties in such new bond is in all respects the same and may be enforced in like manner as the liability of the principal and sureties of the original bond.
Mont. Code Ann. § 2-9-311 — MT Code / Title 2 / Chapter 9 / Part 3 / Section 2-9-311
2-9-311 Jurisdiction of district court -- rules of procedure
Status: in_force

2-9-311 . Jurisdiction of district court -- rules of procedure. The district court shall have jurisdiction over any action brought under parts 1 through 3 of this chapter, and such actions shall be governed by the Montana Rules of Civil Procedure insofar as they are consistent with such parts.
Mont. Code Ann. § 2-18-1101 — MT Code / Title 2 / Chapter 18 / Part 11 / Section 2-18-1101
2-18-1101 Definitions
Status: in_force

2-18-1101 . Definitions. As used in this part, the following definitions apply:

(1) "Agency head" means a director, commissioner, or constitutional officer in charge of an executive, legislative, or judicial branch agency or an agency of the Montana university system. The term includes the president or other person in charge of a public retirement board or a unit of the Montana university system.

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

(3) (a) "Employee" means an employee of the executive, legislative, or judicial branch or the Montana university system.

(b) The term does not include a student intern, as defined in 2-18-101 .

(4) "Group or team of employees" means a group, team, or work unit of employees working cooperatively.
Mont. Code Ann. § 2-4-603 — MT Code / Title 2 / Chapter 4 / Part 6 / Section 2-4-603
2-4-603 Informal disposition and hearings -- waiver of administrative proceedings -- recording and use of settlement proceeds
Status: in_force

2-4-603 . Informal disposition and hearings -- waiver of administrative proceedings -- recording and use of settlement proceeds. (1) (a) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default. A stipulation, agreed settlement, consent order, or default that disposes of a contested case must be in writing.

(b) Unless otherwise provided by law, if a stipulation, agreed settlement, consent order, or default results in a monetary settlement involving an agency or the state, settlement proceeds must be deposited in the account or fund in which the penalty, fine, or other payment would be deposited if the contested case had proceeded to final decision. If there is no account or fund designated for the fine, penalty, or payment in the type of action, then the settlement must be deposited in the general fund.

(c) If a stipulation, agreed settlement, consent order, or default results in a nonmonetary settlement involving an agency or the state, settlement proceeds, whether received by the state or a third party, must be recorded in a nonstate, nonfederal state special revenue account established pursuant to 17-2-102 (1)(b)(i) for the purpose of recording nonmonetary settlements.

(2) Except as otherwise provided, parties to a contested case may jointly waive in writing a formal proceeding under this part. The parties may then use informal proceedings under 2-4-604 . Parties to contested case proceedings held under Title 37 or under any other provision relating to licensure to pursue a profession or occupation may not waive formal proceedings.

(3) If a contested case does not involve a disputed issue of material fact, parties may jointly stipulate in writing to waive contested case proceedings and may directly petition the district court for judicial review pursuant to 2-4-702 . The petition must contain an agreed statement of facts and a statement of the legal issues or contentions of the parties upon which the court, together with the additions it may consider necessary to fully present the issues, may make its decision.
Mont. Code Ann. § 2-15-1519 — MT Code / Title 2 / Chapter 15 / Part 15 / Section 2-15-1519
2-15-1519 Fire services training advisory council
Status: in_force

2-15-1519 . Fire services training advisory council. (1) The board of regents shall appoint a fire services training advisory council to work with the director of the fire services training school. The membership of the council must include the following:

(a) a fire chief;

(b) a volunteer firefighter;

(c) a paid firefighter;

(d) a fire service instructor;

(e) a person involved in fire prevention;

(f) a representative of the insurance industry; and

(g) a professional educator.

(2) The board shall solicit and consider the recommendations of appropriate organizations and associations of fire service personnel in making appointments under subsection (1).

(3) Members shall serve for 4-year terms and may be removed for cause. If a vacancy occurs, a member must be appointed to fill the unexpired term. A member may be reappointed.

(4) A representative of the state fire prevention and investigation section of the department of justice, a fire control officer designated by the director of the department of natural resources and conservation, and the director of the fire services training school are ex officio members of the council.
Mont. Code Ann. § 2-1-211 — MT Code / Title 2 / Chapter 1 / Part 2 / Section 2-1-211
2-1-211 Consent to purchase lands for migratory bird reservations -- jurisdiction
Status: in_force

2-1-211 . Consent to purchase lands for migratory bird reservations -- jurisdiction. Consent of the state of Montana is given to the acquisition by the United States by purchase, gift, devise, or lease of such areas of land, water, or land and water in the state of Montana as the United States may deem necessary for the establishment of migratory bird reservations in accordance with the act of congress approved February 18, 1929, (as amended), entitled "An Act to More Effectively Meet the Obligations of the United States under the Migratory Bird Treaty with Great Britain by Lessening the Dangers Threatening Migratory Game Birds from Drainage and Other Causes by the Acquisition of Areas of Land and of Water to Furnish in Perpetuity Reservations for the Adequate Protection of such Birds; and Authorizing Appropriations for the Establishment of such Areas, their Maintenance and Improvement and for Other Purposes", reserving, however, to the state of Montana full and complete jurisdiction and authority over all such areas not incompatible with the administration, maintenance, protection, and control thereof by the United States under the terms of said act of congress.
Mont. Code Ann. § 2-16-513 — MT Code / Title 2 / Chapter 16 / Part 5 / Section 2-16-513
2-16-513 Succession in case of termination or incapacitation of primary successors
Status: in_force

2-16-513 . Succession in case of termination or incapacitation of primary successors. (1) If, because of an enemy attack upon the United States, the governor, lieutenant governor, president pro tempore of the senate, and speaker of the house are killed or rendered unable to serve as governor, the senior member of the legislature shall act as governor.

(2) The senior member of the legislature shall call an emergency session of the legislature at a safe location within the state. The legislature meeting in joint session shall elect a governor.

(3) For the purposes of this section, the member with seniority is the member who has served in the legislature for the longest continuous period of time up to and including the member's current term. If two or more members of the legislature have equal seniority, the line of succession among them is from eldest to youngest in age.
Mont. Code Ann. § 2-6-1112 — MT Code / Title 2 / Chapter 6 / Part 11 / Section 2-6-1112
2-6-1112 Historic records -- Montana historical society -- powers and duties
Status: in_force

2-6-1112 . Historic records -- Montana historical society -- powers and duties. To ensure the proper management and safeguarding of historic records, the Montana historical society shall:

(1) establish and operate the state archives as authorized by appropriation for the purpose of storing, preserving, and providing access to historic records transferred to the custody of the state archives;

(2) in cooperation with the secretary of state, the local government records committee, and the state records committee, establish guidelines to inventory, catalog, retain, transfer, and provide access to all historic records;

(3) maintain and enforce restrictions on access to historic records in the custody of the state archives in accordance with the provisions of this part; and

(4) in accordance with the guidelines established pursuant to subsection (2), remove and destroy duplicate records and records considered to have no historical value.
Mont. Code Ann. § 2-17-546 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-546
2-17-546 Exemption of criminal justice information network -- exception
Status: in_force

2-17-546 . Exemption of criminal justice information network -- exception. The provisions of this part do not apply to the criminal justice information network or its successor except for the provisions dealing with the purchase, maintenance, and allocation of telecommunication service delivery. However, the department of justice shall cooperate with the department to coordinate telecommunications services of the state.
Mont. Code Ann. § 2-15-1525 — MT Code / Title 2 / Chapter 15 / Part 15 / Section 2-15-1525
2-15-1525 Seed laboratory advisory board -- duties
Status: in_force

2-15-1525 . Seed laboratory advisory board -- duties. (1) There is a seed laboratory advisory board.

(2) (a) The board consists of:

(i) five members appointed by the director of the agricultural experiment station provided for in 20-25-222 ; and

(ii) the director of the agricultural experiment station, serving in an ex officio, nonvoting capacity.

(b) The five members appointed by the director of the agricultural experiment station must be selected as follows:

(i) three representatives from seed industry-related organizations;

(ii) a representative of the department of agriculture; and

(iii) a representative of the agricultural experiment station.

(c) The members appointed as representatives of seed industry-related organizations may not represent the same organization.

(3) The board shall advise the director of the agricultural experiment station on matters related to the Montana seed laboratory provided for in 20-25-229 , including but not limited to:

(a) rates to be charged for seed analysis;

(b) staffing levels;

(c) budget matters; and

(d) operational procedures for the laboratory.

(4) The board shall meet at least annually and may meet more frequently as needed.

(5) Board members may request reimbursement for travel expenses as provided for in 2-18-501 through 2-18-503 . The ex officio member is not entitled to travel expenses.

(6) The board is attached to the agricultural experiment station for administrative purposes. The agricultural experiment station shall establish operating procedures for the board that are consistent with the provisions of this section.
Mont. Code Ann. § 2-15-3114 — MT Code / Title 2 / Chapter 15 / Part 31 / Section 2-15-3114
2-15-3114 Funding of programs -- contingency
Status: in_force

2-15-3114 . (Temporary) Funding of programs -- contingency. The awarding of grants and reimbursements and the performance of duties pursuant to 2-15-3111 through 2-15-3113 are contingent upon the amount of money available in the accounts provided for in 81-1-110 through 81-1-113 . (Terminates June 30, 2029--sec. 3, Ch. 20, L. 2023.)
Mont. Code Ann. § 2-1-102 — MT Code / Title 2 / Chapter 1 / Part 1 / Section 2-1-102
2-1-102 Sovereignty and jurisdiction of the state
Status: in_force

2-1-102 . Sovereignty and jurisdiction of the state. The sovereignty and jurisdiction of this state extend to all places within its boundaries as established by the constitution, excepting such places as are under the exclusive jurisdiction of the United States.
Mont. Code Ann. § 2-15-3313 — MT Code / Title 2 / Chapter 15 / Part 33 / Section 2-15-3313
2-15-3313 Terminated
Status: in_force

2-15-3313 . Terminated. Sec. 15, Ch. 456, L. 1999.
Mont. Code Ann. § 2-18-302 — MT Code / Title 2 / Chapter 18 / Part 3 / Section 2-18-302
2-18-302 Salary schedules maintained by department
Status: in_force

2-18-302 . Salary schedules maintained by department. The department shall maintain a schedule of all salaries paid to personnel of civil executive state offices and shall only approve payroll claims agreeing with that schedule. All changes in personnel or salary status shall be authorized as provided by law, and the department shall alter the schedule accordingly when notified by the authorizing agency. However, no changes in personnel or salary status may be authorized that will cause an agency to exceed its appropriation or that will result in a deficiency or supplemental appropriation request to the legislature.
Mont. Code Ann. § 2-15-1010 — MT Code / Title 2 / Chapter 15 / Part 10 / Section 2-15-1010
2-15-1010 Teachers' retirement board -- terms -- allocation -- definition
Status: in_force

2-15-1010 . Teachers' retirement board -- terms -- allocation -- definition. (1) There is a teachers' retirement board.

(2) The board consists of six members appointed by the governor, as follows:

(a) three persons appointed from the teaching profession who, when appointed, are active members of the retirement system. At least one of the three appointees must be actively employed as a public school classroom teacher and shall hold a class 1, 2, or 4 certificate pursuant to 20-4-106 .

(b) two persons appointed as representatives of the public;

(c) one member who must be a retired teacher who was a member of the retirement system at the time of retirement.

(3) (a) Except as provided in subsection (3)(b), each appointed member of the board shall serve a term of 5 years. Each appointed member shall take and subscribe to the oath prescribed by Article III, section 3, of the Montana constitution. The oath must be filed in the office of the secretary of state.

(b) The first appointment of a member of the public after March 16, 2001, is for a 4-year term. After that appointment, each appointment of a member of the public is for a 5-year term.

(4) If a vacancy in an unexpired term occurs on the board, the governor shall appoint a person to fill the unexpired portion of the term.

(5) The board is allocated to the department for administrative purposes only as prescribed in 2-15-121 . However, the board may hire its own personnel, and 2-15-121 (2)(d) does not apply.

(6) As used in this section, "classroom teacher" means a staff member who is assigned professional activities of instructing pupils in self-contained classes or courses or in classroom situations.
Mont. Code Ann. § 2-15-1839 — MT Code / Title 2 / Chapter 15 / Part 18 / Section 2-15-1839
2-15-1839 Montana-Ireland trade commission
Status: in_force

2-15-1839 . Montana-Ireland trade commission. (1) There is a Montana-Ireland trade commission.

(2) The commission consists of:

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

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

(c) one member of the senate appointed by the minority leader of the senate;

(d) one member of the house of representatives appointed by the minority leader of the house of representatives;

(e) the director of the department of commerce, or the director's designee;

(f) the director of the department of agriculture, or the director's designee;

(g) the commissioner of higher education, or the commissioner's designee;

(h) one Montana resident, appointed by the governor, who represents the Irish American community in this state and is interested in furthering trade between Montana and Ireland; and

(i) one Montana resident at large, appointed by the governor, who is part of a Montana business association, trade organization, economic development organization, or chamber of commerce headquartered in this state and is focused on the promotion of international trade.

(3) (a) Each appointed member shall serve for an initial term of 2 years and may be reappointed. A vacancy must be filled for the remainder of the term in the same manner as the original appointment.

(b) The appointing authority for a member may remove the member and substitute another appointee for the member at any time for the duration of the term.

(4) (a) The appointed members serve staggered terms of 2 years. The initial appointments are as follows: the two members appointed by the governor shall serve 1 year each, and the four legislative members shall serve 2 years each.

(b) All initial appointments must be made no later than October 1, 2025.

(5) (a) Commission members shall serve without compensation but may be reimbursed as provided in 2-18-501 through 2-18-503 for travel expenses incurred in the performance of their duties, within the limit of funds available to the commission.

(b) The commission shall raise all money necessary, through direct solicitation or other fundraising events, to fund the activities of the commission, including meetings and travel expenses related to the commission's purposes as provided in 90-1-156 . The funds raised pursuant to this subsection (5)(b) must be deposited in the Montana-Ireland trade development special revenue account provided for in 90-1-158 .

(6) The commission is allocated to the department of commerce for administrative purposes only as provided in 2-15-121 .
Mont. Code Ann. § 2-9-903 — MT Code / Title 2 / Chapter 9 / Part 9 / Section 2-9-903
2-9-903 Duty of care -- limited liability
Status: in_force

2-9-903 . (Temporary) Duty of care -- limited liability. (1) A government entity that possesses or is in control of a premises, including a tenant, lessee, or occupant of a premises, who directly or indirectly invites or permits an individual onto a premises, is not liable for civil damages for injuries or death sustained from the individual's exposure to covid-19, whether the exposure occurs on a premises or during an activity managed by the person who possesses or is in control of a premises, unless the civil action involves an act or omission that constitutes gross negligence, willful and wanton misconduct, or intentional tort.

(2) The standard established in subsection (1) applies in landlord-tenant claims made under 70-24-303 (1)(b) through (1)(d) for injuries or death sustained from an individual's exposure to covid-19.

(3) The standard established in subsection (1) is not violated by:

(a) a school district admitting students and up to six guests for each student to an extracurricular event including a graduation ceremony; or

(b) a school district or unit of the university system conducting in-person instruction or extracurricular activities. (Terminates December 31, 2031--sec. 12, Ch. 516, L. 2021.)
Mont. Code Ann. § 2-5-108 — MT Code / Title 2 / Chapter 5 / Part 1 / Section 2-5-108
2-5-108 Committee -- duties -- procedures -- report
Status: in_force

2-5-108 . Committee -- duties -- procedures -- report. (1) A negotiated rulemaking committee shall consider the matter proposed by the agency for consideration and shall attempt to reach consensus concerning a proposed rule and any other matter the committee determines is relevant to the proposed rule.

(2) The person representing the agency on a negotiated rulemaking committee shall participate in the deliberations of the committee with the same rights and responsibilities of other members of the committee and is authorized to fully represent the agency in the discussions and negotiations of the committee.

(3) A negotiated rulemaking committee may adopt procedures or ground rules for the operation of the committee.

(4) If a negotiated rulemaking committee achieves consensus on a proposed rule, at the conclusion of the negotiations, the committee shall transmit to the agency that established the committee a report containing the proposed rule.

(5) If a negotiated rulemaking committee does not reach a consensus on the proposed rule, the committee shall transmit to the agency a report specifying areas in which the committee reached consensus and the issues that remain unresolved. The committee may include in the report any other information, recommendations, or materials that the committee considers appropriate. Any member of the committee may include as an addendum to the report additional information, recommendations, or materials.

(6) Title 2, chapter 3, part 2, applies to meetings of a negotiated rulemaking committee.
Mont. Code Ann. § 2-15-1815 — MT Code / Title 2 / Chapter 15 / Part 18 / Section 2-15-1815
2-15-1815 Montana facility finance authority
Status: in_force

2-15-1815 . Montana facility finance authority. (1) There is created a public body corporate designated as the Montana facility finance authority. This authority is constituted a public instrumentality, and its exercise of the powers conferred by Title 90, chapter 7, must be considered and held to be the performance of an essential public function.

(2) The authority consists of seven members appointed by the governor as prescribed in 2-15-124 . The board must be broadly representative of the state, seeking to balance professional expertise and public accountability.

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

(4) The board is allocated to the department of commerce for administrative purposes only as provided in 2-15-121 . The board has authority over its own personnel as provided in 90-7-203 .