Mont. Code Ann. § 1-11-102 — MT Code / Title 1 / Chapter 11 / Part 1 / Section 1-11-102
1-11-102 Name -- citation -- correct form
Status: in_force

1-11-102 . Name -- citation -- correct form. (1) The recodified laws are known as the "Montana Code Annotated" and may be cited as "MCA".

(2) An example of the correct citation form for a section of the Montana Code Annotated is " 1-11-102 , MCA".
Mont. Code Ann. § 1-4-101 — MT Code / Title 1 / Chapter 4 / Part 1 / Section 1-4-101
1-4-101 Role of the judge -- preference to construction giving each provision meaning
Status: in_force

1-4-101 . Role of the judge -- preference to construction giving each provision meaning. In the construction of an instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted or to omit what has been inserted. Where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
Mont. Code Ann. § 1-3-222 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-222
1-3-222 Impossibilities
Status: in_force

1-3-222 . Impossibilities. The law never requires impossibilities.
Mont. Code Ann. § 1-5-619 — MT Code / Title 1 / Chapter 5 / Part 6 / Section 1-5-619
1-5-619 Notary public qualifications -- commission -- renewals
Status: in_force

1-5-619 . Notary public qualifications -- commission -- renewals. (1) To hold a commission as a notary public, an individual must:

(a) be at least 18 years old;

(b) be a citizen or permanent legal resident of the United States;

(c) (i) be a resident of Montana;

(ii) be the spouse or legal dependent of military personnel assigned to active duty in this state;

(iii) maintain a place of business in the state of Montana that is registered pursuant to Title 35 and meet any applicable business licensing requirements of the local government where the business is located;

(iv) be regularly employed at an office, business, or facility located within the state of Montana by an employer registered and licensed to do business in this state; or

(v) hold a current professional license to practice the profession in Montana issued by an appropriate Montana authority; and

(d) be able to read and write English.

(2) To be eligible for a new or renewed commission, an applicant shall pass an examination and must meet the education requirements as provided in 1-5-620 and may not have been disqualified as provided in 1-5-621 .

(3) An individual qualified under subsections (1) and (2) may apply to the secretary of state for a new or renewed commission as a notary public.

(4) An applicant for a new or renewed commission shall:

(a) complete an application and provide information required by rule by the secretary of state;

(b) pay a filing fee set by rule;

(c) execute an oath of office and comply with requirements adopted by rule by the secretary of state;

(d) obtain an assurance in the form of a surety bond or its functional equivalent in the amount of $25,000. The assurance must be issued by a surety or other entity licensed or authorized to do business in this state. The assurance must cover acts performed during the term of the notary public's commission and must be in the form prescribed by the secretary of state. The surety or issuing entity is liable under the assurance if a notary public violates a law with respect to notaries public in this state. The surety or issuing entity shall give 30 days' notice to the secretary of state before canceling the assurance. The surety or issuing entity shall notify the secretary of state not later than 30 days after making a payment to a claimant under the assurance. A notary public may perform notarial acts in this state only during the period that a valid assurance is on file with the secretary of state.

(e) provide certification that the applicant has passed the examination and completed the education requirements in 1-5-620 ; and

(f) submit the application, bond, certification, and nonrefundable filing fee to the secretary of state within 30 days before or after the effective date of the surety bond or the expiration of the previous commission.

(5) The secretary of state shall issue a commission for a 4-year term as a notary public to an applicant for a new or a renewed commission who has complied with this section.

(6) An individual may not have more than one Montana notary public commission in effect at the same time.
Mont. Code Ann. § 1-1-546 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-546
1-1-546 Definitions
Status: in_force

1-1-546 . Definitions. For the purposes of 1-1-545 through 1-1-547 , the following definitions apply:

(1) "Flag" means any physical or digital material designed for display on a flagpole, building, wall, vehicle, or other structure. Flags typically serve as symbols of identity, allegiance, recognition, commemoration, or advocacy, representing nations, states, political movements, or social causes.

(2) "Government property" means buildings, grounds, vehicles, uniforms, and any other property owned, leased, or controlled by a state, county, municipal, or other government entity, including public schools, universities, and special districts.
Mont. Code Ann. § 1-1-405 — MT Code / Title 1 / Chapter 1 / Part 4 / Section 1-1-405
1-1-405 Persons not citizens
Status: in_force

1-1-405 . Persons not citizens. Persons in this state not its citizens are either:

(1) citizens of other states; or

(2) aliens.
Mont. Code Ann. § 1-5-618 — MT Code / Title 1 / Chapter 5 / Part 6 / Section 1-5-618
1-5-618 Audiovisual recordings -- notary public journal -- security and retention
Status: in_force

1-5-618 . Audiovisual recordings -- notary public journal -- security and retention. (1) (a) If a notarial act is performed using communication technology, the notarial officer shall make an audiovisual recording of the entire communication.

(b) Except as provided in subsection (1)(d)(ii), a notarial officer must keep sole possession of an audiovisual recording.

(c) (i) A notarial officer shall allow a person to inspect or obtain a copy of an audiovisual recording if:

(A) the requester specifies the month, year, type of record, and name of the principal for the notarial act, in a signed tangible or electronic request;

(B) the notarial officer does not surrender possession or control of the original recording;

(C) the requester is shown or given a copy of only the recording specified; and

(D) the notarial officer is satisfied that the requester has reasonable purpose directly relating to the notarization.

(ii) A recording may be examined and copied without restriction by a law enforcement officer in the course of an official investigation, subpoenaed by court order, or surrendered at the direction of the secretary of state.

(d) (i) Except as provided in subsection (1)(d)(ii), a notarial officer shall retain an audiovisual recording for 10 years from the date of the recording.

(ii) A current or former notarial officer may transmit the audiovisual recording to a repository approved by the secretary of state.

(2) (a) A notary public shall maintain one or more journals in which the notary public chronicles all notarial acts that the notary public performs.

(b) A journal may be created on a tangible medium or in an electronic format to chronicle all notarial acts, whether those notarial acts are performed regarding tangible or electronic records. The format of a journal maintained on a tangible medium must be a permanent, bound register designed to deter fraud. A journal maintained in an electronic format must be in a permanent, tamper-evident electronic format that complies with the rules adopted by the secretary of state.

(3) An entry in a journal must be made contemporaneously with performance of the notarial act and contain:

(a) the date and time of the notarial act;

(b) a description of the record,including the date of the record if indicated, and the type of notarial act;

(c) the full name and address of each principal;

(d) the signature of each principal, except:

(i) transcripts of depositions and certified copies do not require the signature of the individual for whom the notarial act is performed; and

(ii) if the notarial act is performed using communication technology, the journal record must reference the storage location of the audiovisual recording in lieu of the signature of the principal;

(e) if the identity of the principal is based on personal knowledge, a statement to that effect;

(f) if the identity of the principal is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance or expiration of any identification credential;

(g) if the notarial act is performed using an electronic notarization system or communication technology, or both, a notation identifying the system or technology, or both; and

(h) the fee, if any, charged by the notary public.

(4) A notary public may not record in the journal a social security number, passport number, driver's license number, birth date, or any other information prohibited by the secretary of state. A notary public may include other information descriptive of the record, including the number of pages in a document, whether the document was written in a foreign language, or other information pertaining to the record that is not otherwise prohibited by law or rule.

(5) (a) Except as provided in subsection (9)(b), a notary public shall keep sole control of the journal and all other notarial records and surrender or destroy them only as authorized by law or rule, by court order, or at the direction of the secretary of state.

(b) A notary public may not allow the notary's journal to be used by any other notary and may not surrender the journal to an employer upon termination of employment without the approval of the secretary of state. An employer may retain a copy of the journal of an employee who is a notary after the notary's employment ceases if the journal contains records of notarial acts performed within the scope of the notary's employment.

(6) (a) Any person may inspect or obtain a copy of an entry in a notary public's journal if:

(i) the person specifies in a signed tangible or electronic request the month, year, type of record, and name of the principal;

(ii) the notary public does not surrender possession or control of the journal;

(iii) the person is shown or given a copy of only the entry specified; and

(iv) the notary is satisfied that a person requesting the inspection or copy does not have a criminal or other illegal purpose for inspecting the entry or obtaining the copy.

(b) A journal may be examined and copied without restriction:

(i) by a law enforcement officer in the course of an official investigation;

(ii) if subpoenaed by court order; or

(iii) at the direction of the secretary of state.

(7) A notary public shall promptly notify the secretary of state on discovering that the notary public's journal is lost or stolen.

(8) A notary public shall notify the secretary of state of the journal's location upon resignation of a commission or if the notary public's commission has been revoked or suspended.

(9) (a) Except as provided in subsection (9)(b), a notary public shall retain a journal for 10 years after the performance of the last notarial act chronicled in the journal.

(b) A former notary public may transmit the journal to a repository approved by the secretary of state.

(10) On the death or adjudication of incompetency of a current or former notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the notary public's journal or audiovisual recordings shall transmit all journals and recordings to a repository approved by the secretary of state.

(11) Upon revocation of a notary public's commission, the notary shall transmit the notary's journal and audiovisual recordings to a repository approved by the secretary of state.

(12) If Montana supreme court rules governing conduct by members of the bar, including the rules of professional conduct and ethics opinions, prohibit compliance by an attorney licensed by the supreme court with any provision of this section, that provision does not apply to the attorney.
Mont. Code Ann. § 1-5-629 — MT Code / Title 1 / Chapter 5 / Part 6 / Section 1-5-629
1-5-629 Authority and venue for notarial acts
Status: in_force

1-5-629 . Authority and venue for notarial acts. (1) A notary public may perform a notarial act within the jurisdiction authorized in the notary's commission from the secretary of state.

(2) The venue for a notarial act is the state and the county where the notarial officer is physically located at the time the notarial act is performed.
Mont. Code Ann. § 1-1-502 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-502
1-1-502 State flag
Status: in_force

1-1-502 . State flag. There is hereby established a state flag of Montana. The state flag of Montana shall be a flag having a blue field with a representation of the great seal of the state in the center and with golden fringe along the upper and lower borders of the flag; the same being the flag borne by the 1st Montana Infantry, U.S.V., in the Spanish-American War, with the exception of the device, "1st Montana Infantry, U.S.V."; and above the great seal of the state shall be the word "MONTANA" in helvetica bold letters of gold color equal in height to one-tenth of the total vertical measurement of the blue field.
Mont. Code Ann. § 1-3-207 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-207
1-3-207 Acquiescence
Status: in_force

1-3-207 . Acquiescence. Acquiescence in error takes away the right of objecting to it.
Mont. Code Ann. § 1-1-401 — MT Code / Title 1 / Chapter 1 / Part 4 / Section 1-1-401
1-1-401 People defined
Status: in_force

1-1-401 . People defined. The people, as a political body, consist of:

(1) electors;

(2) citizens not electors.
Mont. Code Ann. § 1-3-234 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-234
1-3-234 Third parties -- who suffers
Status: in_force

1-3-234 . Third parties -- who suffers. When one of two innocent persons suffers by the act of a third, the person by whose negligence it happened must be the sufferer.
Mont. Code Ann. § 1-11-402 — MT Code / Title 1 / Chapter 11 / Part 4 / Section 1-11-402
1-11-402 Definitions
Status: in_force

1-11-402 . Definitions. As used in this part, the following definitions apply:

(1) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(2) "Legal material" means, whether or not in effect:

(a) the Constitution of the State of Montana;

(b) the Laws of Montana, also known as the session laws; or

(c) the Montana Code Annotated.

(3) "Official publisher" means:

(a) for the Constitution of the State of Montana, the code commissioner provided for in 1-11-201 through 1-11-204 and 1-11-301 through 1-11-304 ;

(b) for the Laws of Montana, the legislative services division provided for in 5-11-201 through 5-11-214 ; and

(c) for the Montana Code Annotated, the code commissioner provided for in 1-11-201 through 1-11-204 and 1-11-301 .

(4) "Publish" means to display, present, or release to the public, or cause to be displayed, presented, or released to the public, by the official publisher.

(5) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(6) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
Mont. Code Ann. § 1-1-521 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-521
1-1-521 State Iraq and Afghanistan veterans' memorial
Status: in_force

1-1-521 . State Iraq and Afghanistan veterans' memorial. (1) The grateful nation Montana memorial at the university of Montana, located in Missoula, Montana, dedicated to the men and women who served the United States in Iraq and Afghanistan, is an official state Iraq and Afghanistan veterans' memorial.

(2) The department of commerce and the department of transportation are directed to reference the location of the grateful nation Montana memorial at the university of Montana on official state maps as a state veterans' memorial for Iraq and Afghanistan.
Mont. Code Ann. § 1-3-211 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-211
1-3-211 Acts of others
Status: in_force

1-3-211 . Acts of others. No one should suffer for the act of another.
Mont. Code Ann. § 1-1-228 — MT Code / Title 1 / Chapter 1 / Part 2 / Section 1-1-228
1-1-228 American Indian heritage day
Status: in_force

1-1-228 . American Indian heritage day. There is established an American Indian heritage day for the state of Montana. American Indian heritage day is the last Friday in September of each year and is recognized as a day of observance to commemorate this state's American Indians and their valued heritage and culture. On this day, all Montanans are urged to:

(1) reflect on American Indian culture and heritage; and

(2) celebrate American Indians and their culture and heritage in all lawful ways.
Mont. Code Ann. § 1-1-101 — MT Code / Title 1 / Chapter 1 / Part 1 / Section 1-1-101
1-1-101 Definition of law
Status: in_force

1-1-101 . Definition of law. "Law" is a solemn expression of the will of the supreme power of the state.
Mont. Code Ann. § 1-11-407 — MT Code / Title 1 / Chapter 11 / Part 4 / Section 1-11-407
1-11-407 Preservation and security of legal material in official electronic record
Status: in_force

1-11-407 . Preservation and security of legal material in official electronic record. (1) An official publisher of legal material in an electronic record that is or was designated as official under 1-11-404 shall provide for the preservation and security of the record in an electronic form or a form that is not electronic.

(2) If legal material is preserved under subsection (1) in an electronic record, the official publisher shall:

(a) ensure the integrity of the record;

(b) provide for backup and disaster recovery of the record; and

(c) ensure the continuing usability of the material.
Mont. Code Ann. § 1-5-608 — MT Code / Title 1 / Chapter 5 / Part 6 / Section 1-5-608
1-5-608 Foreign notarial acts
Status: in_force

1-5-608 . Foreign notarial acts. (1) A notarial act performed under the authority of and in the jurisdiction of a foreign state or a constituent unit of the foreign state or under the authority of a multinational or international governmental organization has the same effect under the law of this state as if performed by a notarial officer of this state.

(2) An "apostille" in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state that is a party to the Hague Convention conclusively establishes that the signature of the notarial officer is genuine and that the notarial officer holds the indicated office.

(3) A consular authentication issued by an individual designated by the United States department of state as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the notarial officer holds the indicated office.

(4) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.

(5) The signature and official stamp of an individual holding an office described in subsection (4) are prima facie evidence that the signature is genuine and the individual holds the designated title.

(6) For the purposes of this section, "foreign state" means a government other than the United States, a state, or a federally recognized Indian tribe.
Mont. Code Ann. § 1-1-103 — MT Code / Title 1 / Chapter 1 / Part 1 / Section 1-1-103
1-1-103 Laws -- written or unwritten
Status: in_force

1-1-103 . Laws -- written or unwritten. Laws, whether organic or ordinary, are either written or unwritten.
Mont. Code Ann. § 1-1-230 — MT Code / Title 1 / Chapter 1 / Part 2 / Section 1-1-230
1-1-230 Welcome home Vietnam veterans day
Status: in_force

1-1-230 . Welcome home Vietnam veterans day. There is established a welcome home Vietnam veterans day for the state of Montana. The welcome home Vietnam veterans day is March 30 of each year and commemorates the day in 1973 when all combat units and combat support units arrived home from the former South Vietnam.
Mont. Code Ann. § 1-5-603 — MT Code / Title 1 / Chapter 5 / Part 6 / Section 1-5-603
1-5-603 Requirements for certain notarial acts -- personal and remote appearance -- identification methods
Status: in_force

1-5-603 . Requirements for certain notarial acts -- personal and remote appearance -- identification methods. (1) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual and was made knowingly and willingly for the purposes intended.

(2) A notarial officer who takes a verification on oath or affirmation of a statement shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer, signing the record, and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual and was made knowingly and willingly for the purposes intended.

(3) A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer and signing the record has the identity claimed and has executed the record knowingly and willingly for the purposes intended.

(4) (a) A notarial officer who takes an acknowledgment or witnesses a signature of an individual who signs a record in a representative capacity shall determine:

(i) from personal knowledge or satisfactory evidence of the identity of the individual that the individual appearing before the notarial officer has the identity claimed; and

(ii) from the record, personal knowledge, or presentment of an official record that the individual holds the title or capacity claimed and has knowingly and willingly signed the record in that capacity for the purposes intended.

(b) The notarial officer may refuse to perform the notarial act if the notarial officer is not satisfied that the official record or the presented record evidences the individual's capacity to act as the principal's representative on the record presented for notarization.

(5) A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the original or official record or the item. A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record. A county clerk shall accept for recording a tangible copy of an electronic record containing an original notarial certificate as satisfying any requirement that a record be an original.

(6) A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in 30-3-510 (2).

(7) A notarial officer who administers an oath or affirmation shall determine from personal knowledge or satisfactory evidence of the identity of the individual that the person appearing before the notarial officer and taking the oath or affirmation has the identity claimed and is knowingly and willingly making the statement with the intent to be bound by the statement.

(8) A notarial officer who administers an oath in conjunction with taking a deposition and certifies or attests to the transcript of the deposition shall certify to the matters set forth by this part, other laws, or the court of jurisdiction.

(9) (a) If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear physically before the notarial officer or by communication technology as authorized in 1-5-615 and rules adopted pursuant to 1-5-628 .

(b) Except as provided in subsection (9)(c), subsection (9)(a) modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq.

(c) Subsection (9)(a) does not modify, limit, or supersede 15 U.S.C. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b).

(10) (a) Subject to subsection (10)(b), a notarial officer may perform a remote notarization or remote online notarization for a principal who is located:

(i) in this state;

(ii) outside of this state but within the United States; or

(iii) outside the United States if:

(A) the act is not known by the notarial officer to be prohibited in the jurisdiction in which the principal is physically located at the time of the act; and

(B) the record is part of or pertains to:

(I) a matter that is to be filed with or is before a public official or court, governmental entity, or other entity located in the territorial jurisdiction of the United States;

(II) property located in the territorial jurisdiction of the United States; or

(III) a transaction substantially connected with the United States.

(b) A notarial officer may perform a remote notarization or remote online notarization only if the notarial officer:

(i) is physically located in this state at the time the notarial act is performed;

(ii) identifies the principal through personal knowledge or satisfactory evidence;

(iii) executes the notarial act in a single recorded session that complies with this part;

(iv) is satisfied that any record that is signed, acknowledged, or otherwise presented for notarization by the principal is the same record remotely notarized by the notarial officer;

(v) is satisfied that the quality of the communication technology is sufficient to make the determinations required for the notarial act under this part and any other applicable law of this state;

(vi) identifies the venue as described in 1-5-629 ; and

(vii) is capable of meeting the requirements of 1-5-618 .

(c) A notarial officer who performs a remote notarization or remote online notarization shall take reasonable steps to ensure that:

(i) the notarial officer, the principal, and any required witness are accessing the communication technology or the electronic notarization system, or both, through an authentication procedure that is reasonably secure from unauthorized access;

(ii) the principal and any required witness are viewing the same record; and

(iii) all signatures, changes, and attachments to the record are made in real time.

(d) A notarial act performed by means of communication technology is considered to have been performed in Montana and is governed by Montana law regardless of the physical location of the principal at the time of the notarization.

(11) (a) A notarial officer who certifies a fact may review a public or private record to ascertain or verify that specific data is contained or shown on the record or memorialized in a publication that the notary believes to be reliable.

(b) A notarial officer who certifies that an individual is alive shall verify from personal knowledge or satisfactory evidence that the individual appearing before the notarial officer is alive at the time of certification.

(c) A notarial officer who certifies a photograph shall verify from personal knowledge or satisfactory evidence that the photograph is an accurate representation of the individual or item represented.

(12) (a) A notarial officer has personal knowledge of the identity of an individual appearing before the notarial officer if the individual is personally known to the notarial officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.

(b) A notarial officer has satisfactory evidence of the identity of an individual appearing before the notarial officer if the notarial officer can identify the individual:

(i) by means of:

(A) a passport, driver's license, or government-issued nondriver identification credential, which may be current or expired, and if expired may not be expired for more than 3 years before the performance of the notarial act; or

(B) another form of government identification issued to an individual, which:

(I) may be current or expired, and if expired may not be expired for more than 3 years before the performance of the notarial act;

(II) must contain the signature or a photograph of the individual; and

(III) must be satisfactory to the notarial officer; or

(ii) by oath or affirmation of a credible witness:

(A) physically present before the notarial officer and known to the notarial officer or whom the notarial officer can identify on the basis of a passport, driver's license, or government-issued nondriver identification record, which is current or expired, and if expired may not be expired for more than 3 years before the performance of the notarial act; or

(B) appearing by means of communication technology and identified by the notarial officer as provided in subsection (12)(c).

(c) If a principal or witness is appearing by means of communication technology, a notarial officer has satisfactory evidence of the identity of the individual if the notarial officer can identify the individual by two or more different types of technologies, processes, or services approved by the secretary of state, such as dynamic knowledge-based authentication assessment, valid public key certificate, identity proofing, remote presentation and credential analysis, or any other means prescribed in rule by the secretary of state.

(13) A notarial officer may use one or more approved identification technologies described in subsection (12)(c) for an individual who is physically in the presence of the notarial officer as satisfactory evidence of identity.

(14) A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the notarial officer of the identity of the individual.
Mont. Code Ann. § 1-5-615 — MT Code / Title 1 / Chapter 5 / Part 6 / Section 1-5-615
1-5-615 Notarial act regarding electronic record -- selection of system -- notification -- training
Status: in_force

1-5-615 . Notarial act regarding electronic record -- selection of system -- notification -- training. (1) (a) A notarial officer may select one or more electronic notarization systems to perform notarial acts with respect to electronic records.

(b) A person may not require a notarial officer to perform a notarial act with respect to an electronic record with an electronic notarization system that the notarial officer has not selected.

(2) An electronic notarization system provider shall take reasonable steps to ensure that a notary public opting to use the provider's system has the knowledge to use it to perform electronic notarial acts in compliance with this part.

(3) Before a notary public performs the notary public's initial notarial act using an electronic notarization system or a communication technology, a notary public shall:

(a) notify the secretary of state that the notary public will be performing notarial acts using the electronic notarization system or the communication technology;

(b) identify the electronic notarization system or communication technology, or both, that the notary public intends to use. If the secretary of state has established by rule the standards for the system or technology, the system or technology must comply with the standards. If the system or technology complies with the standards, the secretary of state shall approve the use of the system or technology.

(c) complete a course of instruction approved by the secretary of state and pass an examination based on the course. The course must cover notarial rules, procedures, and ethical obligations pertaining to remote or electronic notarization under this part or pursuant to any other law or official guideline of this state. The course may be completed in conjunction with any course required by the secretary of state for a notary public commission. A notary shall submit proof to the secretary of state that the notary has successfully completed the course and examination.
Mont. Code Ann. § 1-6-102 — MT Code / Title 1 / Chapter 6 / Part 1 / Section 1-6-102
1-6-102 Form of ordinary oath
Status: in_force

1-6-102 . Form of ordinary oath. An oath or affirmation in an action or proceeding may be administered by the person who swears or affirms expressing that person's assent when addressed with "You do solemnly swear (or affirm, as the case may be) that the evidence you will give in this issue (or matter), pending between .... and ...., is the truth, the whole truth, and nothing but the truth, so help you God".
Mont. Code Ann. § 1-5-617 — MT Code / Title 1 / Chapter 5 / Part 6 / Section 1-5-617
1-5-617 Stamping device
Status: in_force

1-5-617 . Stamping device. (1) A notary public is the sole owner of the notary public's stamping device and is responsible for the security of the notary public's stamping device and may not allow another individual to use the stamping device to perform a notarial act or for any other reason.

(2) (a) On resignation from or the revocation or expiration of the notary public's commission or on the expiration of the date set forth in the stamping device, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing, or securing the stamping device against use in a manner that renders the stamping device unusable.

(b) On the death or adjudication of incompetency of a notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the stamping device shall render the stamping device unusable by destroying, defacing, damaging, erasing, or securing the stamping device against use in a manner that renders the stamping device unusable.

(3) The notary public or the notary public's personal representative or guardian shall promptly notify the secretary of state's office on discovering that the notary public's stamping device is lost, stolen, or otherwise inaccessible to the notary public.
Mont. Code Ann. § 1-4-103 — MT Code / Title 1 / Chapter 4 / Part 1 / Section 1-4-103
1-4-103 Intention of the parties -- particular and general provisions
Status: in_force

1-4-103 . Intention of the parties -- particular and general provisions. In the construction of an instrument, the intention of the parties is to be pursued if possible. When a general and particular provision are inconsistent, the latter is paramount to the former so a particular intent will control a general one that is inconsistent with it.
Mont. Code Ann. § 1-5-301 — MT Code / Title 1 / Chapter 5 / Part 3 / Section 1-5-301
1-5-301 Who may prove execution of instrument
Status: in_force

1-5-301 . Who may prove execution of instrument. Proof of the execution of an instrument which has not been acknowledged may be made by:

(1) all of the parties who executed it or any one of them;

(2) a subscribing witness; or

(3) other witnesses in cases mentioned in 1-5-302 .
Mont. Code Ann. § 1-1-105 — MT Code / Title 1 / Chapter 1 / Part 1 / Section 1-1-105
1-1-105 Constitution and statutes
Status: in_force

1-1-105 . Constitution and statutes. The organic law is the constitution of government and is altogether written. Other written laws are denominated statutes. The written law of this state is therefore contained in its constitution and statutes and in the constitution and statutes of the United States.
Mont. Code Ann. § 1-1-404 — MT Code / Title 1 / Chapter 1 / Part 4 / Section 1-1-404
1-1-404 Allegiance -- how renounced
Status: in_force

1-1-404 . Allegiance -- how renounced. Allegiance may be renounced by a change of residence.
Mont. Code Ann. § 1-2-117 — MT Code / Title 1 / Chapter 2 / Part 1 / Section 1-2-117
1-2-117 Construction of right of individual privacy
Status: in_force

1-2-117 . Construction of right of individual privacy. The right of individual privacy as referenced in the Montana constitution, the Montana Code Annotated, or the Administrative Rules of Montana does not create, and may not be construed as creating or recognizing, a right to abortion or to governmental funding of abortion.
Mont. Code Ann. § 1-11-202 — MT Code / Title 1 / Chapter 11 / Part 2 / Section 1-11-202
1-11-202 Qualifications of code commissioner
Status: in_force

1-11-202 . Qualifications of code commissioner. To be eligible to be code commissioner, a person must be licensed to practice law in Montana for at least 5 years and demonstrate a knowledge of code arranging and recodification procedures.
Mont. Code Ann. § 1-3-221 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-221
1-3-221 Apparent nonexistence
Status: in_force

1-3-221 . Apparent nonexistence. That which does not appear to exist is to be regarded as if it did not exist.
Mont. Code Ann. § 1-5-610 — MT Code / Title 1 / Chapter 5 / Part 6 / Section 1-5-610
1-5-610 Short forms
Status: in_force

1-5-610 . Short forms. The following short-form certificates of notarial acts are sufficient for the purposes indicated if they are completed with the information required by 1-5-609 (1) through (4):

(1) For an acknowledgment in an individual capacity:

State of........................

County of........................

This record was acknowledged before me on (date) by (name(s) of individual(s)) ..............................................

....................................................

(Signature of notarial officer)

(Official Stamp)

................................

Printed name and title of officer (if not shown in stamp)

(2) For an acknowledgment in a representative capacity:

State of........................

County of......................

This record was acknowledged before me on (date) by (name(s) of individual(s)) as (title or capacity) of or for (name of party on behalf of whom the record was executed).

...............................

(Signature of notarial officer)

(Official stamp)

...............................

Printed name and title of officer (if not shown in stamp)

(3) For a verification on oath or affirmation (jurat):

State of........................

County of......................

This record was signed and sworn to (or affirmed) before me on (date) by (name(s) of individual(s)) ........................

......................

(Signature of notarial officer)

(Official stamp)

...........................

Printed name and title of officer (if not shown in stamp)

(4) For witnessing or attesting a signature:

State of........................

County of........................

The record was signed before me on (date) by (name(s) of individual(s)) ........................

.............................

(Signature of notarial officer)

(Official stamp)

.....................................

Printed name and title of officer (if not shown in stamp)

(5) For a signature witnessing in a representative capacity:

State of........................

County of......................

This record was signed before me on (date) by (name(s) of individual(s)) as (title or capacity) of or for (name of party on behalf of whom the record was executed).

..............................................

(Signature of notarial officer)

(Official Stamp)

...............................

Printed name and title of officer (if not shown in stamp)

(6) For certifying a copy of a tangible record:

State of........................

County of........................

I certify that this is a true and correct copy of (identification of record), an original record in the possession of, or issued by, (custodian or issuer) and made by me on (date).

.......................................

(Signature of notarial officer)

(Official stamp)

..................................

Printed name and title of officer (if not shown in stamp)

(7) For certifying a copy of an electronic record:

State of........................

County of......................

I certify that the foregoing and annexed record entitled (title of record), dated ................., and consisting of ........... (pages or size of file) is a true and correct copy of an electronic record printed directly from the electronic file by me on (date).

.......................................

(Signature of notarial officer)

(Official stamp)

.......................................

Printed name and title of officer (if not shown in stamp)

(8) For certifying a transcript of a deposition or affidavit:

State of........................

County of........................

I hereby certify and state the following:

that I have sworn in the deponent;

that the deposition was taken before me and this is a true and accurate transcription of the testimony;

that I am not a relative, agent, or employee of the deponent or the attorney or counsel of any of the parties;

that I am not an interested party to the matter.

A review of this transcript (was / was not) requested.

Dated this ........................ day of ........................, 20...

.......................................

(Signature of notarial officer)

(Official stamp)

.......................................

Printed name and title of officer (if not shown in stamp)

(9) For a remote notarization or remote online notarization on a tangible or electronic record for a principal located outside the United States:

State of........................

County of......................

This record was (acknowledged) (signed) (signed and sworn to or affirmed) before me by use of communication technology on (date) by (name of principal(s)), who declared that (he) (she) (they) (is) (are) located in (place where principal(s) was/were physically located at the time of notarial act) and that this record is part of or pertains to a matter that is to be filed with or is before a court, governmental entity, or other entity located in the United States or involves property located in, or a transaction substantially connected with, the United States.

.......................................

(Signature of notarial officer)

(Official stamp)

.......................................

Printed name and title of officer (if not shown in stamp)

(10) For a remote notarization or remote online notarization on a tangible or electronic record for a principal located in or outside this state but within the United States:

State of........................

County of......................

This record was (acknowledged) (signed) (signed and sworn to or affirmed) before me by use of communication technology on (date) by (name of principal(s)), who declared that (he) (she) (they) (is) (are) located in (place within the United States where principal(s) was/were physically located at the time of notarial act).

.......................................

(Signature of notarial officer)

(Official stamp)

.......................................

Printed name and title of officer (if not shown in stamp)

(11) For a certification of fact or event:

State of........................

County of......................

I certify that I have confirmed that (information that is being verified) is true and correct based on a review of (the source of the information) made by me on (date).

.......................................

(Signature of notarial officer)

(Official stamp)

.......................................

Printed name and title of officer (if not shown in stamp)

(12) For certification of life:

State of........................

County of......................

I certify that (name of individual) is alive and appeared physically before me at (location where individual appeared) on (date) at (time a.m. or p.m.).

.......................................

(Signature of notarial officer)

(Official stamp)

.......................................

Printed name and title of officer (if not shown in stamp)

(13) For certification of photograph:

State of........................

County of......................

I certify that the attached photograph is an accurate representation of (name of individual or item) based on (how subject was confirmed) on (date).

.......................................

(Signature of notarial officer)

(Official stamp)

.......................................

Printed name and title of officer (if not shown in stamp)"
Mont. Code Ann. § 1-2-201 — MT Code / Title 1 / Chapter 2 / Part 2 / Section 1-2-201
1-2-201 Statutes -- effective date
Status: in_force

1-2-201 . Statutes -- effective date. (1) (a) Except as provided in subsection (1)(b), (1)(c), or (1)(d), every statute adopted after January 1, 1981, takes effect on the first day of October following its passage and approval unless a different time is prescribed in the enacting legislation.

(b) Subject to subsection (1)(d), every statute providing for appropriation by the legislature for public funds for a public purpose takes effect on the first day of July following its passage and approval unless a different time is prescribed in the enacting legislation.

(c) Subject to subsection (1)(d), every statute providing for the taxation of or the imposition of a fee on motor vehicles takes effect on the first day of January following its passage and approval unless a different time is prescribed in the enacting legislation.

(d) Every statute enacted during a special session of the legislature takes effect upon passage and approval unless a different time is prescribed in the enacting legislation.

(2) "Passage", as used in subsection (1), means the enactment into law of a bill, which has passed the legislature, either with or without the approval of the governor, as provided in the constitution.
Mont. Code Ann. § 1-1-526 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-526
1-1-526 Official home of Evelyn Cameron gallery -- Terry
Status: in_force

1-1-526 . Official home of Evelyn Cameron gallery -- Terry. (1) The town of Terry is designated the "official home of the Evelyn Cameron gallery".

(2) The department of commerce and the department of transportation shall identify the town of Terry as the official home of the Evelyn Cameron gallery on official state maps.

(3) The department of transportation shall erect and maintain signs designating the town of Terry as the official home of the Evelyn Cameron gallery along highways in the vicinity of Terry and shall accomplish the signing changes in accordance with the department's normal sign maintenance and replacement schedule.
Mont. Code Ann. § 1-4-102 — MT Code / Title 1 / Chapter 4 / Part 1 / Section 1-4-102
1-4-102 Consideration of circumstances surrounding execution
Status: in_force

1-4-102 . Consideration of circumstances surrounding execution. For the proper construction of an instrument, the circumstances under which it was made, including the situation of the subject of the instrument and of the parties to it, may also be shown so that the judge is placed in the position of those whose language the judge is to interpret.
Mont. Code Ann. § 1-1-206 — MT Code / Title 1 / Chapter 1 / Part 2 / Section 1-1-206
1-1-206 Terms relating to obligations and transactions
Status: in_force

1-1-206 . Terms relating to obligations and transactions. Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated:

(1) "Customary" means according to usage.

(2) "Third persons" means all persons who are not parties to the obligation or transaction concerning which the phrase is used.

(3) "Usage" means a reasonable and lawful public custom concerning transactions of the same nature as those which are to be affected thereby, existing at the place where the obligation is to be performed, and either known to the parties or so well established, general, and uniform that the parties must be presumed to have acted with reference thereto.

(4) "Usual" means according to usage.
Mont. Code Ann. § 1-11-303 — MT Code / Title 1 / Chapter 11 / Part 3 / Section 1-11-303
1-11-303 Authority to issue ancillary publications
Status: in_force

1-11-303 . Authority to issue ancillary publications. The code commissioner may issue supplementary and ancillary publications as necessary or desirable in aid of the general use and purposes of the Montana Code Annotated and the supplements or replacements to the Montana Code Annotated. The code commissioner shall publish a legislative review containing a summary of enactments of each session of the legislature. The code commissioner shall publish a history and final status of all bills and resolutions of each session of the legislature that contains corrected voting records for bills and resolutions.
Mont. Code Ann. § 1-1-517 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-517
1-1-517 State Korean war veterans' memorial -- Missoula
Status: in_force

1-1-517 . State Korean war veterans' memorial -- Missoula. (1) The Missoula memorial rose garden, located in Missoula, Montana, is officially designated as a state Korean war veterans' memorial.

(2) The department of commerce and the department of transportation shall identify the Missoula memorial rose garden on official state maps as a state Korean war veterans' memorial.
Mont. Code Ann. § 1-4-107 — MT Code / Title 1 / Chapter 4 / Part 1 / Section 1-4-107
1-4-107 Construction of terms
Status: in_force

1-4-107 . Construction of terms. The terms of a writing are presumed to have been used in their primary and general acceptation, but evidence is nevertheless admissible that they have a local, technical, or otherwise peculiar signification and were so used and understood in the particular instance, in which case the agreement must be construed accordingly.
Mont. Code Ann. § 1-1-547 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-547
1-1-547 Display of flags and banners on government property
Status: in_force

1-1-547 . Display of flags and banners on government property. (1) No flag or banner may be displayed in or on government property, including but not limited to state buildings and grounds, public schools, and other government-owned facilities, other than the following flags and banners:

(a) the United States flag;

(b) the official flag of the state of Montana, or any county, municipality, special district, or other political subdivision within the state;

(c) the official flag of a school district, public university, or community college;

(d) the official flag of any state in the United States;

(e) the official flag of any federally recognized tribal nation;

(f) the official flag of any federally recognized foreign nation;

(g) the official flag of any of the branches and units of the United States military;

(h) official historical flags of the United States and the state of Montana, including but not limited to the Betsy Ross flag, Gadsden flag, and other flags of historical significance;

(i) the POW/MIA flag, as provided in 1-1-541 ;

(j) flags or banners representing official school mascots and colors; and

(k) official law enforcement flags, including but not limited to flags honoring law enforcement officers and fallen officers.

(2) (a) No flags or banners may be displayed on state property that represent a political viewpoint, including but not limited to flags or banners regarding a political party, race, sexual orientation, gender, or political ideology.

(b) Subsection (2)(a) does not apply to flags recognizing official government entities, law enforcement agencies, military branches, or public service organizations.

(3) Nothing in 1-1-545 through 1-1-547 may be construed to limit the private speech of individuals, and nothing in 1-1-545 through 1-1-547 may be interpreted to restrict expressions of personal belief outside of official government displays.

(4) Sections 1-1-545 through 1-1-547 do not apply to personal clothing, jewelry, or accessories worn by government employees, except where specific uniform policies or official dress codes apply.
Mont. Code Ann. § 1-11-304 — MT Code / Title 1 / Chapter 11 / Part 3 / Section 1-11-304
1-11-304 Copyrights prohibited
Status: in_force

1-11-304 . Copyrights prohibited. The Montana Code Annotated, supplements, or other publications ancillary thereto, as published, are the sole property of the state of Montana and may not be copyrighted.
Mont. Code Ann. § 1-5-602 — MT Code / Title 1 / Chapter 5 / Part 6 / Section 1-5-602
1-5-602 Definitions
Status: in_force

1-5-602 . Definitions. As used in this part, the following definitions apply:

(1) "Acknowledgment" means a declaration by an individual appearing before a notarial officer that the individual has willingly signed a record for the purposes stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed the record as the act of the individual or entity identified in the record.

(2) "Appearing before" means:

(a) being in the same physical location as another person and close enough to see, hear, communicate with, and exchange identification credentials with that individual; or

(b) interacting with another individual by means of communication technology in compliance with this part.

(3) "Certification of fact" means a notarial act in which a notary reviews public or vital records or other legally accessible data to ascertain or confirm any of the following facts:

(a) date of birth, death, marriage, or divorce, or that an individual is alive;

(b) name of parent, marital partner, offspring, or sibling;

(c) that an event has occurred; or

(d) any matter authorized by law or rule of this state for certification by a notary public.

(4) "Communication technology" means a real-time, two-way audiovisual electronic device or process that:

(a) allows a notarial officer located in this state and a remotely located individual to communicate with each other simultaneously by sight and sound;

(b) facilitates communication with a remotely located individual with a vision, hearing, or speech impairment when necessary under and consistent with applicable law; and

(c) complies with this part and implementing rules.

(5) "Credential analysis" means a process or service operating according to criteria approved by the secretary of state through which a third person affirms the validity of a government-issued identification credential through review of public and proprietary data sources.

(6) "Dynamic knowledge-based authentication assessment" means an identity assessment that is based on a set of questions formulated from public or private data sources that does not contain a question for which the principal provided a prior answer to the entity doing the assessment.

(7) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(8) "Electronic notarization system" means a set of applications, programs, hardware, software, or technologies designed to enable a notary public to perform electronic notarizations that renders every electronic notarial act tamper-evident through the use of a security procedure and that meets the requirements of this part and implementing rules.

(9) "Electronic signature" means an electronic symbol, sound, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record.

(10) "Identification credential" means a government-issued record evidencing an individual's identity.

(11) "Identity proofing" means a process or service by which a third person provides a notarial officer with a means to verify the identity of a principal by:

(a) a review of personal information from public or proprietary data sources; or

(b) biometric data including but not limited to facial recognition, voice analysis, or fingerprint analysis.

(12) "In a representative capacity" means acting as:

(a) an authorized officer, agent, partner, trustee, or other representative for a person other than an individual;

(b) a public officer, personal representative, guardian, or other representative, in the capacity stated in a record;

(c) an agent or attorney-in-fact for a principal; or

(d) an authorized representative of another in any other capacity.

(13) "Notarial act" means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. The term includes but is not limited to taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, certifying or attesting a transcript of an affidavit or deposition, and noting a protest of a negotiable instrument.

(14) "Notarial officer" means a notary public or other individual authorized to perform notarial acts.

(15) "Notary public" or "notary" means an individual commissioned to perform a notarial act by the secretary of state.

(16) "Oath or affirmation" means a solemn verbal promise by which a person knowingly and willingly attests to the truthfulness of a statement and that is administered by a notarial officer.

(17) (a) "Official record" means a record or copy of a record attested by the officer or the officer's deputy with legal custody of the record that is accompanied by a certificate that the officer has custody of the record.

(b) The certificate must have been made under seal by:

(i) a clerk of a court of record in the district or political subdivision where the record is kept; or

(ii) a public officer with a seal of office and with official duties in the district or political subdivision where the record is kept.

(18) "Official stamp" means a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record.

(19) "Outside the United States" means a location outside of the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, or any territory, insular possession, or other location subject to the jurisdiction of the United States.

(20) "Person" means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(21) "Principal" means:

(a) an individual whose signature is notarized; or

(b) an individual taking an oath or affirmation from the notary public but not in the capacity of a credible or other witness for the notarial act.

(22) "Public key certificate" means an electronic credential that is used to identify an individual who signed an electronic record with the credential and is issued and managed by a third-party provider utilizing public key infrastructure technology.

(23) "Public key infrastructure technology" means a method of enabling a user of an unsecured public network, including the internet, to securely and privately exchange data and money through a public and private cryptographic key pair that is obtained and shared through a trusted certificate authority that provides for:

(a) a digital certificate that is able to identify an individual or organization; and

(b) a directory service that is able to store and, if necessary, revoke a digital certificate.

(24) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(25) "Remote notarization" means a notarial act performed by means of communication technology on a tangible record that meets the standards adopted under this part.

(26) "Remote online notarization" means a notarial act or notarization performed by means of communication technology and an electronic notarization system on an electronic record that meets the standards adopted under this part.

(27) "Remote presentation" means transmission to the notarial officer through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the notarial officer to:

(a) identify the individual seeking the notarial officer's services; and

(b) visually review the identity credential and its data; and

(c) perform credential analysis.

(28) "Security procedure" means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures.

(29) "Sign" means, with present intent to authenticate or adopt a record:

(a) to execute or adopt a tangible symbol; or

(b) to attach to or logically associate with the record an electronic symbol, sound, or process.

(30) "Signature" means a tangible symbol or an electronic signature that evidences the signing of a record.

(31) "Signature witnessing" means the notarial act in which a notarial officer witnesses a principal execute a record knowingly and willingly for the purposes intended while appearing before the notarial officer.

(32) "Sole control" means at all times being in the direct physical custody of the notarial officer or safeguarded by the notarial officer with a password or other secure means of authentication or access.

(33) "Stamping device" means:

(a) a physical device capable of affixing to or embossing on a tangible record an official stamp; or

(b) an electronic device or process capable of attaching to or logically associating an official stamp with an electronic record. The notarial official stamp, whether applied to the record physically or electronically, is considered to be a seal for the purposes of admitting a record in court.

(34) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(35) "Tamper-evident" means that any change to a record must provide evidence of the change.

(36) "Verification on oath or affirmation" or "jurat" means a declaration, made by a principal on oath or affirmation before a notarial officer, that a statement in a record is true and that the record has been executed knowingly and willingly before the notarial officer for the purposes intended.
Mont. Code Ann. § 1-3-212 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-212
1-3-212 Benefit -- burden
Status: in_force

1-3-212 . Benefit -- burden. A person who takes the benefit shall bear the burden.
Mont. Code Ann. § 1-1-109 — MT Code / Title 1 / Chapter 1 / Part 1 / Section 1-1-109
1-1-109 Common law of England -- when rule of decision
Status: in_force

1-1-109 . Common law of England -- when rule of decision. The common law of England, so far as it is not repugnant to or inconsistent with the constitution of the United States or the constitution or laws of this state, is the rule of decision in all the courts of this state.
Mont. Code Ann. § 1-5-609 — MT Code / Title 1 / Chapter 5 / Part 6 / Section 1-5-609
1-5-609 Certificate of notarial acts
Status: in_force

1-5-609 . Certificate of notarial acts. (1) (a) A notarial act must be evidenced by a certificate completed by a notarial officer.

(b) The certificate must:

(i) be executed contemporaneously with the performance of the notarial act;

(ii) specify the notarial act performed;

(iii) identify the venue as described in 1-5-629 ;

(iv) identify the name of the principal, the type of record and issuing entity that is copied, or the information the notarial officer has certified under 1-5-603 (11);

(v) be signed and dated by the notarial officer. If the notarial officer is a notary public, a clerk of court, a deputy clerk of court, a clerk and recorder, a deputy clerk and recorder, the state registrar, or the authorized agent of the state registrar, the certificate must be signed in the same manner as on file with the secretary of state.

(vi) contain the title of the office of the notarial officer; and

(vii) contain the impression or electronic image of the notary public's official stamp or the notarial officer's seal.

(2) (a) The certificate for a notarial act on a tangible record must be part of or securely affixed to the record.

(b) The certificate for a notarial act on an electronic record must be attached to or logically associated with the record.

(3) A certificate of a remote notarization or remote online notarization must include the information specified in subsection (1)(b), indicate that the notarial act was performed using communication technology, and include any other information required by rule.

(4) A certificate of a notarial act is sufficient if the certificate meets the requirements of subsections (1) through (3) and this subsection and:

(a) is in the short form set forth in 1-5-610 ;

(b) is in a form otherwise permitted by the law of this state;

(c) is in a form permitted by the laws applicable in the jurisdiction in which the notarial act was performed; or

(d) sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in 1-5-610 , 1-5-616 , and this section or of the laws of this state other than specified in this part.

(5) (a) A notary public may subsequently correct any information included on or omitted from a certificate executed by that notary if the change or correction can be evidenced by the information contained in the notary's journal record of the transaction.

(b) A notary public may not change or correct an impression or electronic image of an official stamp but may affix a subsequent impression on a tangible record or attach or logically associate with an electronic record an electronic image of a missing, illegible, or incorrect official stamp.

(c) Any changes or corrections must be dated and initialed by the notary public and a corresponding notation of the changes must be made in the journal record. Only the notary public who performed the notarization may make or authorize a change or correction to a previously completed certificate. If a notary public authorizes a third party to change or correct the information included or omitted on a previously completed certificate, the authorization must be granted in writing and a copy of the message authorizing the change and a copy of the changed certificate must be attached to the notary public's journal record for that transaction.
Mont. Code Ann. § 1-3-223 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-223
1-3-223 Idle acts
Status: in_force

1-3-223 . Idle acts. The law neither does nor requires idle acts.
Mont. Code Ann. § 1-2-105 — MT Code / Title 1 / Chapter 2 / Part 1 / Section 1-2-105
1-2-105 General definitional rules -- verb tense, gender, and number
Status: in_force

1-2-105 . General definitional rules -- verb tense, gender, and number. The following rules apply in this code:

(1) The present tense includes the future as well as the present.

(2) Words used in the masculine gender include the feminine and neuter.

(3) The singular includes the plural and the plural the singular.
Mont. Code Ann. § 1-11-301 — MT Code / Title 1 / Chapter 11 / Part 3 / Section 1-11-301
1-11-301 Publication and sale of Montana Code Annotated -- free distribution
Status: in_force

1-11-301 . Publication and sale of Montana Code Annotated -- free distribution. (1) The legislative council, with the advice of the code commissioner, shall decide on the quantity, quality, style, format, and grade of all publications prior to having the code commissioner call for bids for the printing and binding and contract for their publication. The code commissioner shall follow the requirements of state law relating to contracts and bids, except as provided in this section.

(2) The methods of sale to the public of the Montana Code Annotated and supplements or other subsequent and ancillary publications may be included as an alternative specification and bid and as a part of a contract to be let by bids by the code commissioner.

(3) The sales price to the public of all Montana Code Annotated material must be fixed by the legislative council but may not exceed the cost price plus 25%. All revenue generated from the sale of the Montana Code Annotated or ancillary publications must be deposited in the state special revenue fund. Appropriations from the fund may be made for the use of the office and facilities of the legislative council under this chapter.

(4) Sets of the Montana Code Annotated purchased by the state, Montana local governmental agencies that are supported by public funds, and nonprofit organizations may not exceed the cost price of the sets plus 5%.

(5) (a) One copy of the Montana Code Annotated and supplements, and other subsequent and ancillary publications except annotations, must be provided at no cost to each library designated as a depository library as defined in 22-1-211 .

(b) The state law library in Helena must be provided with four copies of the Montana Code Annotated and supplements, including annotations and other subsequent and ancillary publications.

(c) The legislative council shall include in the cost price of the code the cost of providing the copies under this subsection.
Mont. Code Ann. § 1-3-233 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-233
1-3-233 Reasonableness
Status: in_force

1-3-233 . Reasonableness. Interpretation must be reasonable.
Mont. Code Ann. § 1-1-513 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-513
1-1-513 State arboretum
Status: in_force

1-1-513 . State arboretum. The campus of the university of Montana-Missoula, is the state arboretum.
Mont. Code Ann. § 1-3-219 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-219
1-3-219 Form and substance
Status: in_force

1-3-219 . Form and substance. The law respects form less than substance.
Mont. Code Ann. § 1-3-226 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-226
1-3-226 Preference for contemporaneity
Status: in_force

1-3-226 . Preference for contemporaneity. Contemporaneous exposition is in general the best.
Mont. Code Ann. § 1-1-515 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-515
1-1-515 Montana medal of valor established
Status: in_force

1-1-515 . Montana medal of valor established. (1) The governor is authorized to present, in the name of the people of Montana, a medal to be known as the Montana medal of valor, bearing a suitable inscription and ribbon, to any citizen of the state who displays extraordinary courage in a situation threatening the lives of one or more people.

(2) The governor may award the Montana medal of valor to anyone whose behavior, in the governor's judgment, merits the recognition. The award must be made in a public ceremony at the recipient's city or town of residence or at a city or town designated by the recipient, except under the circumstances indicated in subsection (3).

(3) If the recipient of the medal of valor dies before the medal is awarded, the governor shall present the medal to the recipient's spouse, eldest surviving child, eldest surviving sibling, or either parent or to a person designated by one of these. If the medal is presented to a person who is not a resident of Montana, the award ceremony must be held at the state capitol in Helena.
Mont. Code Ann. § 1-1-528 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-528
1-1-528 State fruit
Status: in_force

1-1-528 . State fruit. The huckleberry, Vaccinium membranaceum, is the official state fruit.
Mont. Code Ann. § 1-2-202 — MT Code / Title 1 / Chapter 2 / Part 2 / Section 1-2-202
1-2-202 Joint resolutions -- effective date
Status: in_force

1-2-202 . Joint resolutions -- effective date. Every joint resolution, unless a different time is prescribed therein, takes effect from its passage.
Mont. Code Ann. § 1-2-103 — MT Code / Title 1 / Chapter 2 / Part 1 / Section 1-2-103
1-2-103 Statutes in derogation of the common law -- liberal construction
Status: in_force

1-2-103 . Statutes in derogation of the common law -- liberal construction. The rule of the common law that statutes in derogation thereof are to be strictly construed has no application to the statutes of the state of Montana. The statutes establish the law of this state respecting the subjects to which they relate, and their provisions and all proceedings under them are to be liberally construed with a view to effect their objects and to promote justice.
Mont. Code Ann. § 1-1-104 — MT Code / Title 1 / Chapter 1 / Part 1 / Section 1-1-104
1-1-104 Written law defined
Status: in_force

1-1-104 . Written law defined. A written law is that which is promulgated in writing and of which a record is in existence.
Mont. Code Ann. § 1-1-501 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-501
1-1-501 Great seal
Status: in_force

1-1-501 . Great seal. The great seal of the state is as follows: a central group representing a plow and a miner's pick and shovel; upon the right, a representation of the Great Falls of the Missouri River; upon the left, mountain scenery; and underneath, the words "Oro y Plata". The seal must be 2 1/2 inches in diameter and surrounded by these words, "The Great Seal of the State of Montana".
Mont. Code Ann. § 1-4-112 — MT Code / Title 1 / Chapter 4 / Part 1 / Section 1-4-112
1-4-112 Fossils distinguished
Status: in_force

1-4-112 . Fossils distinguished. (1) When used in any instrument, unless the clear and express terms of the instrument provide otherwise, the term "minerals" does not include fossils.

(2) For purposes of this section:

(a) "Fossilized" means preserved by natural processes, including but not limited to:

(i) burial in accumulated sediment;

(ii) preservation in ice or amber; or

(iii) replacement by minerals or alteration by chemical processes such as permineralization in which minerals are deposited in the pore spaces of the hard parts of an organism's remains, which may or may not alter the original organic content.

(b) "Fossils" means any fossilized remains, traces, or imprints of organisms, preserved in or on the earth's crust.

(3) Fossils are considered part of the surface estate, subject to severance by the fee title owner of the land pursuant to a clear and express grant.

(4) Fossils are not subject to the provisions of Title 82.
Mont. Code Ann. § 1-1-303 — MT Code / Title 1 / Chapter 1 / Part 3 / Section 1-1-303
1-1-303 Leap year
Status: in_force

1-1-303 . Leap year. Except the year 1900, every fourth year which, by usage in this state, is considered a leap year is a leap year consisting of 366 days.
Mont. Code Ann. § 1-3-201 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-201
1-3-201 Obsolete reason, obsolete rule
Status: in_force

1-3-201 . Obsolete reason, obsolete rule. When the reason of a rule ceases, so should the rule itself.
Mont. Code Ann. § 1-3-110 — MT Code / Title 1 / Chapter 3 / Part 1 / Section 1-3-110
1-3-110 Mountain daylight time
Status: in_force

1-3-110 . (Effective on occurrence of contingency) Mountain daylight time. (1) The year-round observed time of the entire state and all of the state's political subdivisions is mountain daylight time. The state exempts all areas of the state from mountain standard time.

(2) As used in this section:

(a) "Mountain daylight time" means the period during a year when mountain standard time is advanced 1 hour in accordance with 15 U.S.C. 260a.

(b) "Mountain standard time" means the observed time assigned to the mountain time zone in 15 U.S.C. 261.
Mont. Code Ann. § 1-11-409 — MT Code / Title 1 / Chapter 11 / Part 4 / Section 1-11-409
1-11-409 Standards
Status: in_force

1-11-409 . Standards. In implementing this part, an official publisher of legal material in an electronic record shall consider:

(1) standards and practices of other jurisdictions;

(2) the most recent standards regarding authentication of, preservation and security of, and public access to legal material in an electronic record and other electronic records, as promulgated by national standard-setting bodies;

(3) the needs of users of legal material in an electronic record;

(4) the views of governmental officials and entities and other interested persons; and

(5) to the extent practicable, methods and technologies for the authentication of, preservation and security of, and public access to legal material that are compatible with the methods and technologies used by other official publishers in this state and in other states that have adopted a law substantially similar to this part.
Mont. Code Ann. § 1-4-206 — MT Code / Title 1 / Chapter 4 / Part 2 / Section 1-4-206
1-4-206 Change in writing under seal by unsealed writing
Status: in_force

1-4-206 . Change in writing under seal by unsealed writing. There must be no difference in this state between sealed and unsealed writings. A writing under seal may therefore be changed or altogether discharged by a writing not under seal.
Mont. Code Ann. § 1-11-403 — MT Code / Title 1 / Chapter 11 / Part 4 / Section 1-11-403
1-11-403 Applicability
Status: in_force

1-11-403 . Applicability. This part applies to all legal material in an electronic record that is designated as official under 1-11-404 and first published electronically on or after October 1, 2025.
Mont. Code Ann. § 1-4-111 — MT Code / Title 1 / Chapter 4 / Part 1 / Section 1-4-111
1-4-111 Purpose
Status: in_force

1-4-111 . Purpose. (1) The purpose of 1-4-112 , 82-1-501 , and this section is to enact into law a presumptive understanding that fossils are not minerals and that fossils belong to the surface estate, unless conveyed by a clear and express grant.

(2) It is the intent of the legislature that 1-4-112 , 82-1-501 , and this section apply prospectively and retroactively to instruments governed by Montana law to the maximum extent possible under the constitutions of the United States and the state of Montana.
Mont. Code Ann. § 1-5-628 — MT Code / Title 1 / Chapter 5 / Part 6 / Section 1-5-628
1-5-628 Rulemaking
Status: in_force

1-5-628 . Rulemaking. (1) The secretary of state may adopt rules to implement this part.

(2) Rules adopted regarding the performance of notarial acts with respect to electronic records, electronic notarization systems, or communication technology may not require or accord legal status or effect to the implementation or application of a specific system, technology, or technical specification.

(3) The rules may:

(a) prescribe the manner of performing notarial acts regarding tangible and electronic records;

(b) include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident;

(c) include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures;

(d) prescribe the process of granting, renewing, conditioning, denying, suspending, or revoking a notary public commission and ensuring the trustworthiness of an individual holding a commission as notary public;

(e) include provisions to prevent fraud or mistake in the performance of notarial acts;

(f) establish the process for approving and accepting surety bonds and other forms of assurance under 1-5-619 ; and

(g) provide for the administration of the examination under 1-5-620 (1) and the course of study under 1-5-620 (2).

(4) In adopting, amending, or repealing rules about notarial acts with respect to electronic records, the secretary of state shall consider, consistent with this part:

(a) the most recent standards regarding electronic records promulgated by national bodies, such as the national association of secretaries of state;

(b) the standards, practices, and customs of other jurisdictions that substantially implement the provisions of this part; and

(c) the views of governmental officials and entities as well as other interested persons.
Mont. Code Ann. § 1-2-208 — MT Code / Title 1 / Chapter 2 / Part 2 / Section 1-2-208
1-2-208 Provisions of law not codified in Montana Code Annotated because redundant
Status: repealed

1-2-208 . Provisions of law not codified in Montana Code Annotated because redundant. (1) Whenever a provision of law codified in the Montana Code Annotated is amended in such a way that it conflicts with a provision of law that was not codified in the Montana Code Annotated because such uncodified provision was redundant with such codified provision, the codified provision, as amended, governs and must be given effect over the uncodified provision.

(2) Repeal or deletion of a provision of the Montana Code Annotated also repeals or deletes a provision of law that was not codified in the Montana Code Annotated because it was redundant with the repealed or deleted provision of the Montana Code Annotated, whether or not the repealed or deleted provision of the Montana Code Annotated was amended prior to its repeal or deletion.
Mont. Code Ann. § 1-1-509 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-509
1-1-509 State fossil
Status: in_force

1-1-509 . State fossil. The duck-billed dinosaur Maiasaura peeblesorum is the official Montana state fossil.
Mont. Code Ann. § 1-3-230 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-230
1-3-230 Void act
Status: in_force

1-3-230 . Void act. Time does not confirm a void act.
Mont. Code Ann. § 1-2-116 — MT Code / Title 1 / Chapter 2 / Part 1 / Section 1-2-116
1-2-116 State agencies not to shift cost to local governments
Status: in_force

1-2-116 . State agencies not to shift cost to local governments. (1) A state agency may not take any action prohibited by subsection (2) without authorization in state law.

(2) A state agency may not demand, bill, request, or otherwise require a local government to take any of the following actions or make the provision of a service to a local government that is required by state law to be provided to that government contingent on the local government taking any of the following actions:

(a) pay for all or part of the administrative costs of a program, activity, or undertaking required by state law to be carried out primarily by a state agency;

(b) pay for costs of computer hardware or software used in the operation of a state program, activity, or undertaking or pay for the application of either hardware or software in a state program;

(c) pay for forms required to be completed either by a local government or by third persons through a local government office and used by or filed with a state agency; or

(d) pay for the filing in a state office of forms required by state law to be completed by a local government.

(3) (a) A local government may refuse to pay for services billed or charged to it by a state agency in violation of this section. Upon refusal by the local government, the state agency may send to the local government a written notice of the program or activity for which the local government is billed, a detailed statement of the amount of the bill or charge, and a citation to the legal authority requiring the local government to pay the bill or charge.

(b) Within 30 days of receipt of the notice required by this subsection (3), the local government shall pay the bill or charge or request a hearing before the state agency. Upon request, the state agency shall provide a hearing. If a local government fails to pay the bill or charge and fails to request a hearing, the state agency may initiate a contested case proceeding. Proceedings authorized by this subsection must be held in accordance with the provisions of the Montana Administrative Procedure Act governing contested cases. A decision of the state agency following opportunity for a hearing may be appealed to the district court as provided in 2-4-702 .

(4) The remedy provided in subsection (3) is exclusive of any other remedy provided in law for a state agency claiming a right to recover an administrative cost from a local government and is exclusive of any other remedy provided in law for a local government refusing to pay a bill or charge of a state agency.

(5) This section does not apply to services provided by a state agency pursuant to a written or oral contract.

(6) The following definitions apply to this section:

(a) "Administrative cost" means the cost of administering a program, activity, or undertaking, including costs for salaries, wages, rent, heat, electricity, computer hardware, computer software, telephone, travel, equipment, supplies, or postage.

(b) "Local government" means a county, city, town, township, school district, or other district or local public entity with the authority to spend or receive public funds.

(c) "State agency" means a department, board, commission, office, bureau, or other public authority of state government.
Mont. Code Ann. § 1-4-204 — MT Code / Title 1 / Chapter 4 / Part 2 / Section 1-4-204
1-4-204 Distinctions between sealed and unsealed abolished
Status: in_force

1-4-204 . Distinctions between sealed and unsealed abolished. All distinctions between sealed and unsealed instruments are abolished.
Mont. Code Ann. § 1-6-101 — MT Code / Title 1 / Chapter 6 / Part 1 / Section 1-6-101
1-6-101 Officers who may administer oaths
Status: in_force

1-6-101 . Officers who may administer oaths. Every court, judge, clerk of any court, justice, notary public, and officer or person authorized to take testimony in any action or proceeding or to decide upon evidence has power to administer oaths or affirmations.
Mont. Code Ann. § 1-5-620 — MT Code / Title 1 / Chapter 5 / Part 6 / Section 1-5-620
1-5-620 Examination and education of notary public -- fee
Status: in_force

1-5-620 . Examination and education of notary public -- fee. (1) An applicant for a new or renewed commission as a notary public in this state shall pass an examination administered by the secretary of state or by an entity approved by the secretary of state. The examination must be based on the course of study described in subsection (2).

(2) The secretary of state or an entity approved by the secretary of state shall offer regularly a course of study to applicants for a new or renewed commission. The course must cover the laws, rules, procedures, and ethics relevant to notarial acts.

(3) On and after July 1, 2020, in addition to passing the examination:

(a) for a new commission, the applicant must have completed within the previous 12 months at least 4 hours of notary public education approved by the secretary of state or by the commission of continuing legal education;

(b) to renew a commission, an applicant must have completed:

(i) within the previous 12 months, at least 4 hours of notary public continuing education approved by the secretary of state or by the commission of continuing legal education; or

(ii) in each of the previous 3 years, at least 2 hours of notary public continuing education approved by the secretary of state or by the commission of continuing legal education.

(4) The secretary of state shall collect fees commensurate with the cost incurred by the secretary of state's office for providing notary public education and examination.
Mont. Code Ann. § 1-11-404 — MT Code / Title 1 / Chapter 11 / Part 4 / Section 1-11-404
1-11-404 Legal material in official electronic record
Status: in_force

1-11-404 . Legal material in official electronic record. (1) If an official publisher publishes legal material only in an electronic record, the publisher shall:

(a) designate the electronic record as official; and

(b) comply with 1-11-405 , 1-11-407 , and 1-11-408 .

(2) An official publisher that publishes legal material in an electronic record and also publishes the material in a record other than an electronic record may designate the electronic record as official if the publisher complies with 1-11-405 , 1-11-407 , and 1-11-408 .
Mont. Code Ann. § 1-11-405 — MT Code / Title 1 / Chapter 11 / Part 4 / Section 1-11-405
1-11-405 Authentication of official electronic record
Status: in_force

1-11-405 . Authentication of official electronic record. An official publisher of legal material in an electronic record that is designated as official under 1-11-404 shall authenticate the record. To authenticate an electronic record, the publisher shall provide a method for a user to determine that the record received by the user from the publisher is unaltered from the official record published by the publisher.
Mont. Code Ann. § 1-2-115 — MT Code / Title 1 / Chapter 2 / Part 1 / Section 1-2-115
1-2-115 Enforcement
Status: in_force

1-2-115 . Enforcement. (1) A local government unit may use a remedy provided in subsection (2), (3), or (4) to prevent the application of a law enacted in violation of 1-2-112 or 1-2-113 .

(2) A local government may, with the consent of a state agency charged with the implementation of the law, arbitrate the application of the law pursuant to the Uniform Arbitration Act.

(3) A local government unit may request a hearing before an administrative agency charged with the administration of the law. A hearing held pursuant to this section is a contested case proceeding pursuant to the Montana Administrative Procedure Act. The decision of the agency may be appealed in accordance with Title 2, chapter 4, part 7.

(4) A local government unit may bring a civil action in the district court of the county in which the local government unit is located to prevent the application of a law enacted in violation of 1-2-112 or 1-2-113 . The state of Montana may be named as the respondent or defendant in an action brought pursuant to this section.
Mont. Code Ann. § 1-1-529 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-529
1-1-529 State sport
Status: in_force

1-1-529 . State sport. American rodeo is the official state sport.
Mont. Code Ann. § 1-5-625 — MT Code / Title 1 / Chapter 5 / Part 6 / Section 1-5-625
1-5-625 Prohibited acts -- advertising requirements
Status: in_force

1-5-625 . Prohibited acts -- advertising requirements. (1) A notary public may not:

(a) notarize the notary's own signature;

(b) notarize a record in which the notary is individually named or from which the notary will directly benefit by a transaction involving the record, including as provided in subsection (2);

(c) certify a copy of an official record issued by a public entity, such as a birth, death, or marriage certificate, a court record, or a school transcript unless the notary is employed by the entity issuing or holding the original version of the record;

(d) affix the notary public's official signature or stamp to any record that does not contain the notary public's completed notarial certificate, unless otherwise directed by statute or rule;

(e) engage in false or deceptive advertising;

(f) advertise or represent that the notary public, unless also licensed as an attorney in this state, is able to assist persons in drafting legal records, give legal advice, or otherwise practice law. To meet the requirements of this subsection (1)(f), advertising must include the statement provided in subsection (4).

(g) except as otherwise allowed by law, withhold access to or retain possession of an original record provided by a person that seeks performance of a notarial act by the notary public; or

(h) unless the notary public is an attorney licensed to practice law in this state, use the term "notario" or "notario publico".

(2) A notary public who is a partner, stockholder, director, officer, or employee of a partnership or corporation and is individually named in the record or who signs a record as a representative of that partnership or corporation may not notarize the signature of any individual on that record.

(3) A commission as a notary public does not authorize an individual to:

(a) assist persons in drafting legal records, give legal advice, or otherwise practice law;

(b) act as an immigration consultant or an expert on immigration matters;

(c) represent a person in a judicial or administrative proceeding relating to immigration to the United States or United States citizenship or related matters; or

(d) receive compensation for performing any of the activities listed in this subsection (3).

(4) (a) A notary public who is not an attorney licensed to practice law in this state shall provide in advertising or other representations regarding an offering of notarial services, whether oral or written, used in broadcast media, print media, or on the internet a statement as provided in subsection (4)(b) or an alternate statement authorized or required by the secretary of state. The statement must be prominently displayed and in each language used in the advertisement or representation. If the form of advertisement or representation is not broadcast media, print media, or the internet and does not permit inclusion of the statement required by this subsection because of its size, the statement must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.

(b) To meet the requirements of subsection (4)(a), a notary public who is not an attorney licensed to practice law in this state shall use either an alternate statement authorized or required by the secretary of state or the following statement:

"I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities."
Mont. Code Ann. § 1-5-631 — MT Code / Title 1 / Chapter 5 / Part 6 / Section 1-5-631
1-5-631 Evidence of authenticity of notarial act for record sent to foreign country
Status: in_force

1-5-631 . Evidence of authenticity of notarial act for record sent to foreign country. (1) The authenticity of the official seal and signature of a Montana notarial officer may be evidenced by a certificate of authority from the secretary of state confirming the authority of a Montana notarial officer to perform a notarial act on a record that will be sent to a foreign country. The certificate must be in a form prescribed by the Hague Convention of October 5, 1961, or in a form approved by the United States department of state.

(2) A certificate of authority may not be issued for a record that is intended for use within the United States, including its territories, or by a federally recognized tribe.

(3) The secretary of state may refuse to issue a certificate of authority if the secretary of state has reason to believe that the record may be used within the United States, including its territories, or by a federally recognized tribe, or for any unlawful, fraudulent, or improper purpose.
Mont. Code Ann. § 1-1-402 — MT Code / Title 1 / Chapter 1 / Part 4 / Section 1-1-402
1-1-402 Citizens defined
Status: in_force

1-1-402 . Citizens defined. The citizens of the state are:

(1) all persons born in this state and residing within it, except the children of transient aliens;

(2) all persons born out of this state who are citizens of the United States and residing within this state.
Mont. Code Ann. § 1-5-627 — MT Code / Title 1 / Chapter 5 / Part 6 / Section 1-5-627
1-5-627 Database of notaries public
Status: in_force

1-5-627 . Database of notaries public. The secretary of state shall maintain an electronic database of notaries public:

(1) through which a person may verify the authority of a notary public to perform notarial acts;

(2) that indicates whether a notary public has notified the secretary of state that the notary public will be performing notarial acts on electronic records; and

(3) that describes any active or pending administrative or disciplinary action against the notary public.
Mont. Code Ann. § 1-3-228 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-228
1-3-228 Superfluity
Status: in_force

1-3-228 . Superfluity. Superfluity does not vitiate.
Mont. Code Ann. § 1-5-621 — MT Code / Title 1 / Chapter 5 / Part 6 / Section 1-5-621
1-5-621 Grounds to deny -- terms for refusing to renew, revoking, suspending, or conditioning notary public commissions
Status: in_force

1-5-621 . Grounds to deny -- terms for refusing to renew, revoking, suspending, or conditioning notary public commissions. (1) The secretary of state may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as a notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including:

(a) failure to comply with the provisions of this part;

(b) a fraudulent, dishonest, or deceitful misstatement or omission in the application submitted to the secretary of state for a commission as a notary public;

(c) pending release from supervision, a conviction of the applicant or notary public of any felony or crime involving fraud, dishonesty, or deceit, although conviction of a criminal offense is not a complete bar to receiving a commission if the individual's full rights have been restored;

(d) admission by the applicant or notary public or a finding in any legal proceeding or disciplinary action of the applicant's or notary public's fraud, dishonesty, or deceit;

(e) failure by the notary public to discharge any duty required of a notary public, whether the provisions of this part, rules of the secretary of state, or any state or federal law;

(f) use of false or misleading advertising or representation by the notary public representing that the notary public has a duty, right, or privilege that the notary does not have;

(g) violation by the notary public of a rule of the secretary of state regarding a notary public;

(h) denial, refusal to renew, revocation, suspension, or conditioning of a notary public commission in another state; and

(i) failure of the notary public to maintain an assurance, as provided in 1-5-619 .

(2) The secretary of state may require a notary public who has violated a provision of this part or a rule of the secretary of state implementing a provision of this part to complete a notary public education class approved by the secretary.

(3) A notary who is convicted of or pleads guilty or no contest to a felony crime involving fraud, dishonesty, or deceit shall notify the secretary of state within 30 days of the conviction or plea.

(4) If the secretary of state denies, refuses to renew, revokes, suspends, or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to contest the action in accordance with the Montana Administrative Procedure Act.

(5) The authority of the secretary of state to deny, refuse to renew, revoke, suspend, or impose conditions on a commission as a notary public does not prevent an individual from seeking and obtaining other criminal or civil remedies provided by law.
Mont. Code Ann. § 1-2-110 — MT Code / Title 1 / Chapter 2 / Part 1 / Section 1-2-110
1-2-110 All statutes subject to repeal
Status: repealed

1-2-110 . All statutes subject to repeal. Any statute may be repealed at any time except when it is otherwise provided therein. Persons acting under any statute are deemed to have acted in contemplation of this power of repeal.
Mont. Code Ann. § 1-1-510 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-510
1-1-510 English as official and primary language of state and local governments
Status: in_force

1-1-510 . English as official and primary language of state and local governments. (1) English is the official and primary language of:

(a) the state and local governments;

(b) government officers and employees acting in the course and scope of their employment; and

(c) government documents and records.

(2) A state statute, local government ordinance, or state or local government policy may not require a specific foreign language to be used by government officers and employees acting in the course and scope of their employment or for government documents and records or require a specific foreign language to be taught in a school as a student's primary language.

(3) This section is not intended to violate the federal or state constitutional right to freedom of speech of government officers and employees acting in the course and scope of their employment. This section does not prohibit a government officer or employee acting in the course and scope of employment from using a language other than English, including use in a government document or record, if the employee chooses, or prohibit the teaching of other languages in a school for general educational purposes or as secondary languages.

(4) This section is not intended to limit the use of any other language by a tribal government. A school district and a tribe, by mutual agreement, may provide for the instruction of students that recognizes the cultural identity of Native American children and promotes the use of a common language for communication.
Mont. Code Ann. § 1-2-111 — MT Code / Title 1 / Chapter 2 / Part 1 / Section 1-2-111
1-2-111 Effect of code on special, local, and private statutes
Status: repealed

1-2-111 . Effect of code on special, local, and private statutes. Nothing in this code affects any of the provisions of any special, local, or private statutes; but such statutes are recognized as continuing in force notwithstanding the provisions of this code, except so far as they have been repealed or affected by subsequent laws.
Mont. Code Ann. § 1-5-630 — MT Code / Title 1 / Chapter 5 / Part 6 / Section 1-5-630
1-5-630 Solemnization of marriage authorized
Status: in_force

1-5-630 . Solemnization of marriage authorized. As provided in 40-1-301 and subject to rules adopted by the secretary of state, a notary public may solemnize a marriage.
Mont. Code Ann. § 1-5-604 — MT Code / Title 1 / Chapter 5 / Part 6 / Section 1-5-604
1-5-604 Notarial acts in this state -- authority to perform notarial act
Status: in_force

1-5-604 . Notarial acts in this state -- authority to perform notarial act. (1) A notarial act may be performed in this state by:

(a) a notary public of this state;

(b) a judge, clerk, or deputy clerk of any court of this state; or

(c) any other individual authorized to perform the specific act by the law of this state.

(2) The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.

(3) A notarial officer may perform a notarial act authorized by this part or by a law of this state other than this part.

(4) The notarial acts of certifying or attesting a transcript of an affidavit or deposition and noting a protest of a negotiable instrument may be performed only by notarial officers who are knowledgeable of the applicable legal requirements.

(5) The signature and title of a notarial officer described in subsection (1) conclusively establish the authority of the notarial officer to perform the notarial act.
Mont. Code Ann. § 1-1-518 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-518
1-1-518 State veterans' memorial rose garden
Status: in_force

1-1-518 . State veterans' memorial rose garden. (1) The Missoula memorial rose garden, located in Missoula, Montana, is officially designated as a state veterans' memorial rose garden.

(2) In addition to the reference required under 1-1-512 , the department of commerce and the department of transportation shall identify the Missoula memorial rose garden on official state maps as a state veterans' memorial rose garden.
Mont. Code Ann. § 1-6-105 — MT Code / Title 1 / Chapter 6 / Part 1 / Section 1-6-105
1-6-105 Unsworn declarations -- penalty of perjury
Status: in_force

1-6-105 . Unsworn declarations -- penalty of perjury. (1) Whenever, under any law of this state or under any rule, order, or requirement made under the law of this state, any matter is required or permitted to be supported, evidenced, established, or proved by a person's sworn written declaration, verification, certificate, oath, or affidavit, the matter may with like force and effect be supported, evidenced, established, or proved by an unsworn written declaration, certificate, verification, or statement that is subscribed by the person as true under penalty of perjury in substantially the following form:

(a) If executed within the state:

"I declare under penalty of perjury that the foregoing is true and correct.

.................... ....................

Date and place Signature"

(b) If executed in any place outside the state:

"I declare under penalty of perjury and under the laws of the state of Montana that the foregoing is true and correct.

................... .......................

Date and place Signature"

(2) A deliberate falsification in any declaration pursuant to this section constitutes the offense of perjury as provided in 45-7-201 and is punishable as the offense of false swearing as provided in 45-7-202 . A declaration under penalty of perjury executed in accordance with any provision of this code is not limited to the official proceedings referenced in 45-7-201 .

(3) This section does not apply to writings requiring an acknowledgment, deposition, oath of office, or oath required to be taken before a special official other than a notary public.
Mont. Code Ann. § 1-1-106 — MT Code / Title 1 / Chapter 1 / Part 1 / Section 1-1-106
1-1-106 Public and private statutes
Status: in_force

1-1-106 . Public and private statutes. Statutes are public or private. A private statute is one which concerns only certain designated individuals and affects only their private rights. All other statutes are public, in which are included statutes creating or affecting corporations.
Mont. Code Ann. § 1-2-209 — MT Code / Title 1 / Chapter 2 / Part 2 / Section 1-2-209
1-2-209 Revision of termination date -- conflicting amendments -- no revival of terminated amendment
Status: in_force

1-2-209 . Revision of termination date -- conflicting amendments -- no revival of terminated amendment. (1) The termination date of a statute may be revised by amending the session law for the initial legislation that provided for the termination date. There is no limit on the number of times that a termination date may be revised pursuant to this section.

(2) In the event of conflicting revisions to a termination date during the same legislative session, the conflict may be resolved through a coordination instruction. If the conflict is not resolved through a coordination instruction, the revised termination date that falls latest chronologically becomes law and all earlier revised termination dates from the same legislative session are void.

(3) A termination date is not revised through an amendment of session law unless the legislation revising the termination date is effective before the later of the initial termination date or the amended termination date.

(4) As long as the session law of the initial legislation that provided for the termination date is amended in the same enactment, this section does not invalidate the amendment of a termination date when the session law that previously revised the termination date of the initial legislation is also amended.
Mont. Code Ann. § 1-1-227 — MT Code / Title 1 / Chapter 1 / Part 2 / Section 1-1-227
1-1-227 Bill of rights day
Status: in_force

1-1-227 . Bill of rights day. There is established a bill of rights day for the state of Montana. The bill of rights day is December 15 of each year to commemorate the day in 1791 in which three-fourths of the states ratified the bill of rights as part of the U.S. constitution.
Mont. Code Ann. § 1-3-208 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-208
1-3-208 Own wrong -- no advantage
Status: in_force

1-3-208 . Own wrong -- no advantage. A person may not take advantage of the person's own wrong.
Mont. Code Ann. § 1-3-210 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-210
1-3-210 Acts on one's behalf
Status: in_force

1-3-210 . Acts on one's behalf. A person who can and does not forbid that which is done on that person's behalf is considered to have authorized it.
Mont. Code Ann. § 1-1-301 — MT Code / Title 1 / Chapter 1 / Part 3 / Section 1-1-301
1-1-301 Definitions
Status: in_force

1-1-301 . Definitions. Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated:

(1) A "day" is the period of time between any midnight and the midnight following.

(2) "Daytime" is the period of time between sunrise and sunset, and "nighttime" is the period of time between sunset and sunrise.

(3) "Month" means a calendar month.

(4) A "week" consists of 7 consecutive days.

(5) "Year" means a calendar year.
Mont. Code Ann. § 1-3-202 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-202
1-3-202 Same reason, same rule
Status: in_force

1-3-202 . Same reason, same rule. Where the reason is the same, the rule should be the same.
Mont. Code Ann. § 1-4-203 — MT Code / Title 1 / Chapter 4 / Part 2 / Section 1-4-203
1-4-203 Acceptance of foreign seals
Status: in_force

1-4-203 . Acceptance of foreign seals. A scroll or other sign made in a sister state or foreign country and there recognized as a seal must be so regarded in this state.
Mont. Code Ann. § 1-3-205 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-205
1-3-205 Limit on rights
Status: in_force

1-3-205 . Limit on rights. A person shall so use that person's own rights as not to infringe upon the rights of another.
Mont. Code Ann. § 1-5-607 — MT Code / Title 1 / Chapter 5 / Part 6 / Section 1-5-607
1-5-607 Notarial acts under federal authority
Status: in_force

1-5-607 . Notarial acts under federal authority. (1) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state if the notarial act performed under federal law is performed by:

(a) a judge, clerk, or deputy clerk of a court;

(b) an individual in the military service of the United States or performing duties under the authority of the military service if authorized to perform notarial acts under federal law;

(c) an individual designated as a notarizing officer by the United States department of state for performing notarial acts overseas; or

(d) any other individual authorized by federal law to perform notarial acts.

(2) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.

(3) The signature and indicated title of an officer described in subsection (1) conclusively establish the authority of the officer to perform a notarial act.
Mont. Code Ann. § 1-5-606 — MT Code / Title 1 / Chapter 5 / Part 6 / Section 1-5-606
1-5-606 Notarial acts under authority of federally recognized Indian tribes
Status: in_force

1-5-606 . Notarial acts under authority of federally recognized Indian tribes. (1) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this state if the notarial act performed in the jurisdiction of the tribe is performed by:

(a) a notary public of the tribe;

(b) a judge, clerk, or deputy clerk of a court of the tribe; or

(c) any other individual authorized by the law of the tribe to perform notarial acts.

(2) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.

(3) The signature and title of a notarial officer described in subsection (1) conclusively establish the authority of the notarial officer to perform a notarial act.
Mont. Code Ann. § 1-1-226 — MT Code / Title 1 / Chapter 1 / Part 2 / Section 1-1-226
1-1-226 Official observance of Montana's hunting heritage
Status: in_force

1-1-226 . Official observance of Montana's hunting heritage. The week beginning the third Monday in September is an official week of observance in Montana to commemorate this state's valued heritage of hunting game animals. During this week, all Montanans are urged to:

(1) reflect on hunting as an expression of our culture and heritage;

(2) acknowledge that it is our community of hunters who have made the greatest contributions to the establishment of current game animal populations; and

(3) celebrate this culture and heritage in all lawful ways.
Mont. Code Ann. § 1-1-232 — MT Code / Title 1 / Chapter 1 / Part 2 / Section 1-1-232
1-1-232 Montana prescription drug take-back day
Status: in_force

1-1-232 . Montana prescription drug take-back day. (1) The day in October designated as national prescription drug take-back day is designated as Montana prescription drug take-back day in order to provide an annual day for citizens to properly dispose of unused and unneeded prescription drugs, to raise awareness about the consequences of failure to properly dispose of prescription drugs, and to educate citizens on proper methods of prescription drug disposal.

(2) On this day, local communities, businesses, and other entities throughout the state are encouraged to coordinate on special exercises to emphasize the importance of proper prescription drug use and disposal.

(3) Observances and exercises described in this section need not be limited solely to prescription drugs.

(4) The governor and attorney general may officially recognize and encourage the observances and exercises described in this section.
Mont. Code Ann. § 1-5-302 — MT Code / Title 1 / Chapter 5 / Part 3 / Section 1-5-302
1-5-302 When execution may be proved by handwriting
Status: in_force

1-5-302 . When execution may be proved by handwriting. The execution of an instrument may be established by proof of the handwriting of the party and of a subscribing witness, if there is one, in the following cases:

(1) when the parties and all the subscribing witnesses are dead;

(2) when the parties and all the subscribing witnesses are nonresidents of the state;

(3) when the place of their residence is unknown to the party desiring the proof and cannot be ascertained by the exercise of due diligence;

(4) when the subscribing witness hides or cannot be found by the officer by the exercise of due diligence in attempting to serve the subpoena or attachment; or

(5) in case of the continued failure or refusal of the witness to testify for the period of 1 hour after the witness's appearance.
Mont. Code Ann. § 1-1-540 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-540
1-1-540 Display of historical writings or documents in or on public buildings or on state land -- definitions
Status: in_force

1-1-540 . Display of historical writings or documents in or on public buildings or on state land -- definitions. (1) Subject to the provisions of subsection (3), a state agency or unit of local government may display the national motto, "in God we trust", as adopted by congress in 1998 (36 U.S.C. 302), in or on public buildings or state-owned land occupied by a state agency or unit of local government. For purposes of this section, the use of the word "God" is not intended to further the establishment of any specific religion or set of religious beliefs or to dissuade the free exercise of any religion or set of religious beliefs.

(2) In addition to the national motto, the legislature encourages the display of other historical documents in or on public buildings and state-owned land, including but not limited to:

(a) the Declaration of Independence;

(b) the United States constitution;

(c) the pledge of allegiance;

(d) the national anthem;

(e) the Mayflower Compact;

(f) the writings, speeches, documents, and proclamations of the founders and the presidents of the United States;

(g) writings from United States supreme court decisions;

(h) organic documents from the precolonial, colonial, revolutionary, federalist, and postfederalist eras;

(i) acts of the United States congress, including the published text of the Congressional Record;

(j) United States treaties; and

(k) any other writings, documents, or proclamations that are permanently displayed in a historic context in the United States capitol.

(3) The content of any writing, document, or record described in subsection (2) may not be censored solely because the writing, document, or record contains religious references, nor may any writings, documents, or material be selected for display in order to advance a particular religious, partisan, or sectarian purpose.

(4) As used in this section, the following definitions apply:

(a) "Local government" has the meaning provided in 1-2-116 .

(b) "State agency" has the meaning provided in 1-2-116 .
Mont. Code Ann. § 1-1-527 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-527
1-1-527 Shelby veterans' memorial flag monument
Status: in_force

1-1-527 . Shelby veterans' memorial flag monument. (1) The Shelby veterans' memorial flag monument in Shelby, Montana, is officially designated as a Montana veterans' memorial.

(2) The department of commerce and the department of transportation shall identify the Shelby veterans' memorial flag monument in Shelby, Montana, on official state maps as a Montana veterans' memorial.

(3) The Shelby veterans' memorial flag monument in Shelby, Montana, recognizes and honors all veterans, men, women, and canine service members, living or deceased, from all branches of the U.S. armed forces who served in peacetime or in war.
Mont. Code Ann. § 1-1-102 — MT Code / Title 1 / Chapter 1 / Part 1 / Section 1-1-102
1-1-102 How expressed
Status: in_force

1-1-102 . How expressed. The will of the supreme power is expressed by:

(1) the constitution;

(2) statutes.
Mont. Code Ann. § 1-6-104 — MT Code / Title 1 / Chapter 6 / Part 1 / Section 1-6-104
1-6-104 Affirmation or declaration in lieu of oath
Status: in_force

1-6-104 . Affirmation or declaration in lieu of oath. Any person who desires it may instead of taking an oath make a solemn affirmation or declaration by assenting when addressed with "You do solemnly affirm (or declare), etc.", as provided in 1-6-102 .
Mont. Code Ann. § 1-2-113 — MT Code / Title 1 / Chapter 2 / Part 1 / Section 1-2-113
1-2-113 Statutes imposing new duties on a school district to provide means of financing
Status: in_force

1-2-113 . Statutes imposing new duties on a school district to provide means of financing. (1) Any law enacted by the legislature that requires a school district to perform an activity or provide a service or facility and that will require the direct expenditure of additional funds must provide a specific means to finance the activity, service, or facility other than the existing property tax mill levy. Any law that fails to provide a specific means to finance the service or facility is not effective until a specific means of financing meeting the requirements of subsection (2) is provided by the legislature.

(2) Financing must be by means of a remission of money by the state for the purpose of funding the activity, service, or facility. Financing must bear a reasonable relationship to the actual cost of performing the activity or providing the service or facility.

(3) Legislation passed and approved may not supersede or modify any provision of this section, except to the extent that the legislation expressly does so.

(4) This section does not apply to any law under which the required expenditure of additional funds by the board of trustees is an insubstantial amount that can be readily absorbed into the budget of an existing program.
Mont. Code Ann. § 1-5-601 — MT Code / Title 1 / Chapter 5 / Part 6 / Section 1-5-601
1-5-601 Short title
Status: in_force

1-5-601 . Short title. This part may be cited as the "Revised Uniform Law on Notarial Acts".
Mont. Code Ann. § 1-5-623 — MT Code / Title 1 / Chapter 5 / Part 6 / Section 1-5-623
1-5-623 Signature if principal unable to sign
Status: in_force

1-5-623 . Signature if principal unable to sign. (1) If a principal intending to execute a record is physically unable to sign a record, the principal may direct an individual other than the notarial officer to sign the principal's name on the record. The notarial officer shall insert "Signature affixed by (name of the other individual) at the direction of (name of principal intending to execute the record)" or words with similar intent.

(2) A notary public shall record in the notary's journal the name and address of the individual who signs the record as well as the name and address of the principal unable to sign.
Mont. Code Ann. § 1-12-104 — MT Code / Title 1 / Chapter 12 / Part 1 / Section 1-12-104
1-12-104 Duties of commissioners
Status: in_force

1-12-104 . Duties of commissioners. (1) Each commissioner shall attempt to attend the meeting of the national conference of commissioners on uniform state laws and shall promote uniformity in state laws upon all subjects in which uniformity is desirable and practicable.

(2) It is the duty of the commission to bring about, as far as practicable, the uniform judicial interpretation of all uniform laws.
Mont. Code Ann. § 1-1-307 — MT Code / Title 1 / Chapter 1 / Part 3 / Section 1-1-307
1-1-307 Postponement of day appointed for an action when it falls on a holiday or Saturday
Status: in_force

1-1-307 . Postponement of day appointed for an action when it falls on a holiday or Saturday. Whenever any act of a secular nature, other than a work of necessity or mercy, is appointed by law or contract to be performed upon a particular day, which day falls upon a holiday or a Saturday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed.
Mont. Code Ann. § 1-1-110 — MT Code / Title 1 / Chapter 1 / Part 1 / Section 1-1-110
1-1-110 Case law -- applicability
Status: in_force

1-1-110 . Case law -- applicability. The precedential value of a court decision interpreting a statute yields to subsequent legislative action on the interpreted statutory provisions.
Mont. Code Ann. § 1-3-203 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-203
1-3-203 Change in purpose
Status: in_force

1-3-203 . Change in purpose. A person may not change the person's purpose to the injury of another.
Mont. Code Ann. § 1-1-218 — MT Code / Title 1 / Chapter 1 / Part 2 / Section 1-1-218
1-1-218 Words giving joint authority
Status: in_force

1-1-218 . Words giving joint authority. Words giving a joint authority to three or more public officers or other persons are construed as giving such authority to a majority of them unless it is otherwise expressed in the act giving the authority.
Mont. Code Ann. § 1-1-225 — MT Code / Title 1 / Chapter 1 / Part 2 / Section 1-1-225
1-1-225 Arbor Day as official day of observance
Status: in_force

1-1-225 . Arbor Day as official day of observance. (1) To increase public awareness of the vital importance of conserving and propagating trees and forests to the everyday life of Montana citizens, the last Friday in April is designated Arbor Day and an official day of observance. On this day, there may be special observances and exercises throughout the state to celebrate and emphasize the importance of cultivating forest, fruit, and ornamental trees.

(2) The governor shall encourage the observances and exercises described in this section and, by proclamation, call the public's attention to the importance of the state's forest resources.
Mont. Code Ann. § 1-1-505 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-505
1-1-505 State gem stones
Status: in_force

1-1-505 . State gem stones. The sapphire and the Montana agate are the official Montana state gem stones.
Mont. Code Ann. § 1-3-218 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-218
1-3-218 Vigilance
Status: in_force

1-3-218 . Vigilance. The law helps the vigilant before those who sleep on their rights.
Mont. Code Ann. § 1-1-233 — MT Code / Title 1 / Chapter 1 / Part 2 / Section 1-1-233
1-1-233 Montana mining day
Status: in_force

1-1-233 . Montana mining day. There is established a mining day for the state of Montana. The Montana mining day is February 9 of each year to commemorate when the territorial government adopted the state motto.
Mont. Code Ann. § 1-5-305 — MT Code / Title 1 / Chapter 5 / Part 3 / Section 1-5-305
1-5-305 Contents of certificate of proof
Status: in_force

1-5-305 . Contents of certificate of proof. An officer taking proof of the execution of an instrument shall, in the certificate endorsed upon or attached to the instrument, set forth all the matters required by law to be done or known by the officer or proved before the officer on the proceeding, together with the names of all the witnesses examined before the officer, their places of residence, and the substance of their testimony.
Mont. Code Ann. § 1-4-104 — MT Code / Title 1 / Chapter 4 / Part 1 / Section 1-4-104
1-4-104 Preference to construction favoring natural right
Status: in_force

1-4-104 . Preference to construction favoring natural right. When an instrument is equally susceptible of two interpretations, one in favor of natural right and the other against it, the former is to be adopted.
Mont. Code Ann. § 1-1-224 — MT Code / Title 1 / Chapter 1 / Part 2 / Section 1-1-224
1-1-224 Observance of right to keep and bear arms
Status: in_force

1-1-224 . Observance of right to keep and bear arms. The week beginning the first Monday in March is an official week of observance to commemorate Montana's valued heritage of the right of each person to keep and bear arms in the defense of the person's home, person, or property or in aid of civil power. During this week, all Montanans are urged to reflect on their right to keep and bear arms and to celebrate this right in lawful ways.
Mont. Code Ann. § 1-1-208 — MT Code / Title 1 / Chapter 1 / Part 2 / Section 1-1-208
1-1-208 Terms relating to legislature
Status: in_force

1-1-208 . Terms relating to legislature. (1) Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated:

(a) "Majority leader" means the leader of the majority party, elected by the caucus as provided in 5-2-221 .

(b) "Majority party" means the party with the most members in a house of the legislature, subject to subsection (2).

(c) "Minority leader" means the leader of the minority party, elected by the caucus as provided in 5-2-221 .

(d) "Minority party" means the party with the second most members in a house of the legislature, subject to subsection (2).

(2) If there are an equal number of members of each party in a house of the legislature, then the majority party is the party of the president of the senate or the speaker of the house and the minority party is the other party with an equal number of members.
Mont. Code Ann. § 1-1-503 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-503
1-1-503 State floral emblem
Status: in_force

1-1-503 . State floral emblem. The flower known as Lewisia rediviva (bitterroot) shall be the floral emblem of the state of Montana.
Mont. Code Ann. § 1-12-102 — MT Code / Title 1 / Chapter 12 / Part 1 / Section 1-12-102
1-12-102 Vacancies
Status: in_force

1-12-102 . Vacancies. If an appointed commissioner dies, resigns, or fails or refuses to serve, the office becomes vacant. The legislative council shall appoint a qualified person to fill the vacancy for the unexpired term.
Mont. Code Ann. § 1-2-114 — MT Code / Title 1 / Chapter 2 / Part 1 / Section 1-2-114
1-2-114 Bill restriction
Status: in_force

1-2-114 . Bill restriction. (1) A bill may not be introduced enacting a new law or amending an existing law to require a local government unit to perform an activity or provide a service or facility that requires a direct expenditure of additional funds without a specific means to finance the activity, service, or facility in violation of 1-2-112 or 1-2-113 .

(2) The estimate of fiscal impact provided in accordance with 5-4-210 must be considered in determination of whether a bill is introduced in violation of subsection (1).
Mont. Code Ann. § 1-4-109 — MT Code / Title 1 / Chapter 4 / Part 1 / Section 1-4-109
1-4-109 Superseded
Status: in_force

1-4-109 . Superseded. Sup. Ct. Ord. No. 12729, July 10, 1979.
Mont. Code Ann. § 1-1-217 — MT Code / Title 1 / Chapter 1 / Part 2 / Section 1-1-217
1-1-217 Notice -- actual and constructive
Status: in_force

1-1-217 . Notice -- actual and constructive. (1) Notice is:

(a) actual whenever it consists of express information of a fact;

(b) constructive whenever it is imputed by law.

(2) Each person who has actual notice of circumstances sufficient to put a prudent person upon inquiry as to a particular fact has constructive notice of the fact itself in all cases in which, by prosecuting the inquiry, the person might have learned the facts.
Mont. Code Ann. § 1-1-229 — MT Code / Title 1 / Chapter 1 / Part 2 / Section 1-1-229
1-1-229 State teen driver safety day
Status: in_force

1-1-229 . State teen driver safety day. (1) To increase public awareness and promote teen driver safety, the third Tuesday in October is designated as teen driver safety day and is an official day of observance.

(2) All Montanans are encouraged to participate in special observances and exercises throughout the state on this day in order to educate teens about the fatal consequences of distractions while driving and to promote teen driver safety. The governor and the office of public instruction may officially recognize and encourage the observances and exercises described in this section.
Mont. Code Ann. § 1-4-110 — MT Code / Title 1 / Chapter 4 / Part 1 / Section 1-4-110
1-4-110 Hydrocarbons distinguished
Status: in_force

1-4-110 . Hydrocarbons distinguished. When used in any instrument, unless the clear and express terms of the instrument provide otherwise, the terms "coal", "gas", and "oil" must be construed as defined in 82-1-111 .
Mont. Code Ann. § 1-1-231 — MT Code / Title 1 / Chapter 1 / Part 2 / Section 1-1-231
1-1-231 Juneteenth national freedom day
Status: in_force

1-1-231 . Juneteenth national freedom day. The third Saturday in June is designated as Juneteenth national freedom day to commemorate African-American emancipation from slavery, to celebrate the freedom won by people in many countries, and to rededicate ourselves to the cause of liberty.
Mont. Code Ann. § 1-3-101 — MT Code / Title 1 / Chapter 3 / Part 1 / Section 1-3-101
1-3-101 Purpose of maxims
Status: in_force

1-3-101 . Purpose of maxims. The maxims of jurisprudence set forth in part 2 of this chapter are intended not to qualify any of the other provisions of this code but to aid in their just application.
Mont. Code Ann. § 1-1-306 — MT Code / Title 1 / Chapter 1 / Part 3 / Section 1-1-306
1-1-306 Computation of time -- which days counted
Status: in_force

1-1-306 . Computation of time -- which days counted. The time in which any act provided by law is to be done is computed by excluding the first day and including the last unless the last day is a holiday, and then it is also excluded.
Mont. Code Ann. § 1-1-545 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-545
1-1-545 Legislative findings
Status: in_force

1-1-545 . Legislative findings. The legislature finds that:

(1) Government property, including state buildings and grounds, public schools, and other government-owned facilities, should serve neutral governmental functions and not be used to promote political or ideological advocacy.

(2) The United States flag and other officially recognized governmental flags represent the collective identity, heritage, and sovereignty of the nation, state, and local entities and should be the primary symbols displayed on government property.

(3) Allowing nongovernmental or politically charged symbols on state property creates inconsistency in enforcement, legal challenges, and public divisiveness, undermining the neutrality and inclusivity of government spaces.

(4) Flags honoring law enforcement officers, military service members, and public service organizations provide appropriate, nonpolitical recognition of their contributions to public safety and national defense.

(5) Sections 1-1-545 through 1-1-547 do not infringe on private speech or individual expression, as they apply solely to government-controlled displays, ensuring personal freedoms remain intact while maintaining a neutral public environment.
Mont. Code Ann. § 1-3-214 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-214
1-3-214 Wrong -- remedy
Status: in_force

1-3-214 . Wrong -- remedy. For every wrong there is a remedy.
Mont. Code Ann. § 1-3-217 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-217
1-3-217 Beyond control
Status: in_force

1-3-217 . Beyond control. A person is not responsible for that which a person cannot control.
Mont. Code Ann. § 1-1-219 — MT Code / Title 1 / Chapter 1 / Part 2 / Section 1-1-219
1-1-219 Relationship by affinity
Status: in_force

1-1-219 . Relationship by affinity. (1) Unless the context requires otherwise, in this code "affinity" means the relation that one spouse has, by virtue of the marriage, to blood relatives of the other. Therefore, a person has the same relation by affinity to that person's spouse's blood relatives as that person's spouse has to them by consanguinity and vice versa.

(2) Degrees of relationship by affinity are computed in the same manner as degrees of relationship by consanguinity.

(3) Notwithstanding subsection (1), the term "affinity" includes the relation of husband and wife. Husband and wife are considered to be related by affinity in the first degree.
Mont. Code Ann. § 1-5-616 — MT Code / Title 1 / Chapter 5 / Part 6 / Section 1-5-616
1-5-616 Official signature and stamp
Status: in_force

1-5-616 . Official signature and stamp. (1) The official signature of a notary public must:

(a) be filed with the secretary of state on a form prescribed by the secretary of state;

(b) be reasonably similar to the official signature on file with the secretary of state;

(c) if executed on a tangible record, be in blue or black ink;

(d) if executed on an electronic record, be an electronic image of the official signature submitted to the secretary of state; and

(e) be affixed to all tangible and electronic records.

(2) The official stamp of a notary public must:

(a) include the notary public's name, title, city of residence, commission expiration date, or other information required by the secretary of state;

(b) if a physical image, be in blue or black ink in a format prescribed by the secretary of state and capable of being copied together with the record to which the official stamp is affixed or attached or with which the official stamp is logically associated;

(c) if an electronic image, be the same format, color, content, and approximate size as the tangible official stamp and capable of being copied together with the record to which the official stamp is affixed or attached or with which the official stamp is logically associated.
Mont. Code Ann. § 1-1-305 — MT Code / Title 1 / Chapter 1 / Part 3 / Section 1-1-305
1-1-305 Computation of time -- when fractions of a day disregarded
Status: in_force

1-1-305 . Computation of time -- when fractions of a day disregarded. Fractions of a day are disregarded in computations which include more than 1 day and involve no questions of priority.
Mont. Code Ann. § 1-11-408 — MT Code / Title 1 / Chapter 11 / Part 4 / Section 1-11-408
1-11-408 Public access to legal material in official electronic record
Status: in_force

1-11-408 . Public access to legal material in official electronic record. An official publisher of legal material in an electronic record that is required to be preserved under 1-11-407 shall ensure that the material is reasonably available for use by the public on a permanent basis.
Mont. Code Ann. § 1-2-205 — MT Code / Title 1 / Chapter 2 / Part 2 / Section 1-2-205
1-2-205 Repeal of law creating criminal offense
Status: repealed

1-2-205 . Repeal of law creating criminal offense. The repeal of any law creating a criminal offense does not constitute a bar to an indictment or information and the punishment of an act already committed in violation of the law so repealed unless the intention to bar such indictment or information and punishment is expressly declared in the repealing act.
Mont. Code Ann. § 1-1-519 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-519
1-1-519 Montana state firefighters' memorial
Status: in_force

1-1-519 . Montana state firefighters' memorial. (1) The site chosen by the city of Laurel, Montana, as "firefighters' memorial park" is officially designated as the location of the Montana state firefighters' memorial.

(2) The department of commerce and the department of transportation shall identify the memorial in Laurel on official state maps and, where appropriate, on state highway signs as the official state firefighters' memorial.
Mont. Code Ann. § 1-11-203 — MT Code / Title 1 / Chapter 11 / Part 2 / Section 1-11-203
1-11-203 Supervision by legislative council
Status: in_force

1-11-203 . Supervision by legislative council. The code commissioner is subject to the general supervision and policy of the legislative council.
Mont. Code Ann. § 1-4-207 — MT Code / Title 1 / Chapter 4 / Part 2 / Section 1-4-207
1-4-207 Compromise or settlement of a debt by unsealed writing
Status: in_force

1-4-207 . Compromise or settlement of a debt by unsealed writing. An agreement in writing without a seal for the compromise or settlement of a debt is as obligatory as if a seal were affixed.
Mont. Code Ann. § 1-3-225 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-225
1-3-225 Particular versus general
Status: in_force

1-3-225 . Particular versus general. Particular expressions qualify those which are general.
Mont. Code Ann. § 1-2-109 — MT Code / Title 1 / Chapter 2 / Part 1 / Section 1-2-109
1-2-109 When laws retroactive
Status: in_force

1-2-109 . When laws retroactive. No law contained in any of the statutes of Montana is retroactive unless expressly so declared.
Mont. Code Ann. § 1-1-530 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-530
1-1-530 State lullaby
Status: in_force

1-1-530 . State lullaby. The song "Montana Lullaby", written by Ken Overcast and Wylie Gustafson, is the official lullaby of Montana.
Mont. Code Ann. § 1-5-611 — MT Code / Title 1 / Chapter 5 / Part 6 / Section 1-5-611
1-5-611 Uniformity of application and construction
Status: in_force

1-5-611 . Uniformity of application and construction. Consideration must be given in applying and construing this part to the need to promote the uniformity of the law with respect to the subject of this part among other enacting states.
Mont. Code Ann. § 1-1-506 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-506
1-1-506 State grass
Status: in_force

1-1-506 . State grass. The grass known as bluebunch wheatgrass, Agropyron spicatum (pursh), shall be designated and declared to be the official grass of the state of Montana.
Mont. Code Ann. § 1-1-107 — MT Code / Title 1 / Chapter 1 / Part 1 / Section 1-1-107
1-1-107 Unwritten law defined
Status: in_force

1-1-107 . Unwritten law defined. Unwritten law is the law that is not promulgated and recorded, as mentioned in 1-1-104 , but that is, nevertheless, observed and administered in the courts of the country. It has no certain repository but is collected from the reports of the decisions of the courts and treatises of learned people.
Mont. Code Ann. § 1-2-102 — MT Code / Title 1 / Chapter 2 / Part 1 / Section 1-2-102
1-2-102 Intention of the legislature -- particular and general provisions
Status: in_force

1-2-102 . Intention of the legislature -- particular and general provisions. In the construction of a statute, the intention of the legislature is to be pursued if possible. When a general and particular provision are inconsistent, the latter is paramount to the former, so a particular intent will control a general one that is inconsistent with it.
Mont. Code Ann. § 1-1-524 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-524
1-1-524 Northeast Montana veterans memorial park
Status: in_force

1-1-524 . Northeast Montana veterans memorial park. The department of commerce and the department of transportation shall identify the northeast Montana veterans memorial park in Fort Peck, Montana, on official state maps.
Mont. Code Ann. § 1-1-523 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-523
1-1-523 Montana veterans' memorial
Status: in_force

1-1-523 . Montana veterans' memorial. (1) The Montana veterans memorial in Great Falls, Montana, is officially designated as a Montana veterans' memorial.

(2) The department of commerce and the department of transportation shall identify the Montana veterans memorial in Great Falls, Montana, on official state maps as a Montana veterans' memorial.

(3) The Montana veterans memorial in Great Falls, Montana, recognizes and honors all veterans, men, women, and canine service members, living or deceased, from all branches of the U.S. armed forces who served in peacetime or in war.
Mont. Code Ann. § 1-1-108 — MT Code / Title 1 / Chapter 1 / Part 1 / Section 1-1-108
1-1-108 Common law -- applicability of
Status: in_force

1-1-108 . Common law -- applicability of. In this state there is no common law in any case where the law is declared by statute. But where not so declared, if the same is applicable and of a general nature and not in conflict with the statutes, the common law shall be the law and rule of decision.
Mont. Code Ann. § 1-3-220 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-220
1-3-220 What ought to have been done
Status: in_force

1-3-220 . What ought to have been done. That which ought to have been done is to be regarded as done, in favor of a person to whom and against a person from whom performance is due.
Mont. Code Ann. § 1-11-410 — MT Code / Title 1 / Chapter 11 / Part 4 / Section 1-11-410
1-11-410 Uniformity of application and construction
Status: in_force

1-11-410 . Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Mont. Code Ann. § 1-11-204 — MT Code / Title 1 / Chapter 11 / Part 2 / Section 1-11-204
1-11-204 Duties of code commissioner
Status: repealed

1-11-204 . Duties of code commissioner. (1) Prior to November 1 immediately preceding each regular legislative session, the code commissioner shall prepare and submit to the legislative council a report indicating the commissioner's recommendations for legislation to:

(a) eliminate archaic or outdated laws;

(b) eliminate obsolete or redundant wording of laws;

(c) eliminate duplications in law and any laws repealed directly or by implication;

(d) clarify existing laws; or

(e) correct errors and inconsistencies within the laws.

(2) The commissioner shall cause to be prepared for publication with the Montana Code Annotated the following material:

(a) the statutory history of each code section;

(b) annotations of or references to state and federal court decisions relating to the subject matter of the code;

(c) editorial notes, cross-references, and other matter the commissioner considers desirable or advantageous;

(d) the Declaration of Independence;

(e) the Constitution of the United States of America and amendments to the constitution;

(f) acts of congress relating to the authentication of laws and records;

(g) the Organic Act of the Territory of Montana;

(h) The Enabling Act;

(i) The 1972 Constitution of the State of Montana and any amendments to the constitution;

(j) ordinances relating to federal relations and elections;

(k) rules of civil, criminal, and appellate procedure and other rules of procedure the Montana supreme court may adopt; and

(l) tables relating sections of the Montana Code Annotated to prior compilations and session laws.

(3) (a) After publication of the Montana Code Annotated, the code commissioner shall:

(i) annotate, arrange, and prepare for publication all laws of a general and permanent nature enacted at each legislative session and assign catchlines and code section numbers to each new section;

(ii) continue to codify, arrange, rearrange, and generally update the Montana Code Annotated to maintain an orderly and logical arrangement of the laws in order to avoid future need for bulk revision; and

(iii) prepare and publish a report entitled "Official Report of the Montana Code Commissioner--(year)" that indicates all changes made during the continuous recodification, other than punctuation, spelling, and capitalization, to clearly indicate the character of each change made since the last report.

(b) In carrying out the duty imposed by subsection (3)(a)(ii), the commissioner may recodify the Montana Code Annotated on a title-by-title basis. The recodification is intended to be secondary to the completion of other interim duties.

(4) From time to time, the commissioner shall confer with members of the judiciary and the state bar relative to recodification procedures.
Mont. Code Ann. § 1-2-112 — MT Code / Title 1 / Chapter 2 / Part 1 / Section 1-2-112
1-2-112 Statutes imposing new local government duties
Status: in_force

1-2-112 . Statutes imposing new local government duties. (1) As provided in subsection (3), a law enacted by the legislature that requires a local government unit to perform an activity or provide a service or facility that requires the direct expenditure of additional funds and that is not expected of local governments in the scope of their usual operations must provide a specific means to finance the activity, service, or facility other than a mill levy. Any law that fails to provide a specific means to finance any activity, service, or facility is not effective until specific means of financing are provided by the legislature from state or federal funds.

(2) Subsequent legislation may not be considered to supersede or modify any provision of this section by implication. Subsequent legislation may supersede or modify the provisions of this section if the legislation does so expressly.

(3) The mandates that the legislature is required to fund under subsection (1) are legislatively imposed requirements that are not necessary for the operation of local governments but that provide a valuable service or benefit to Montana citizens, including but not limited to:

(a) entitlement mandates that provide that certain classes of citizens may receive specific benefits;

(b) membership mandates that require local governments to join specific organizations, such as waste districts or a national organization of regulators; and

(c) service level mandates requiring local governments to meet certain minimum standards.

(4) Subsection (1) does not apply to:

(a) mandates that are required of local governments as a matter of constitutional law or federal statute or that are considered necessary for the operation of local governments, including but not limited to:

(i) due process mandates;

(ii) equal treatment mandates;

(iii) local government ethics mandates;

(iv) personnel and employment mandates;

(v) recordkeeping requirements; or

(vi) mandates concerning the organizational structure of local governments;

(b) any law under which the required expenditure of additional local funds is an insubstantial amount that can be readily absorbed into the budget of an existing program. A required expenditure of the equivalent of approximately 1 mill levied on taxable property of the local government unit or $10,000, whichever is less, may be considered an insubstantial amount.

(c) a law necessary to implement the National Voter Registration Act of 1993, Public Law 103-31.
Mont. Code Ann. § 1-3-224 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-224
1-3-224 Trifles
Status: in_force

1-3-224 . Trifles. The law disregards trifles.
Mont. Code Ann. § 1-1-216 — MT Code / Title 1 / Chapter 1 / Part 2 / Section 1-1-216
1-1-216 Legal holidays and business days
Status: in_force

1-1-216 . Legal holidays and business days. (1) The following are legal holidays in the state of Montana:

(a) each Sunday;

(b) New Year's Day, January 1;

(c) Martin Luther King Jr. Day, the third Monday in January;

(d) Presidents' Day, the third Monday in February;

(e) Memorial Day, the last Monday in May;

(f) Independence Day, July 4;

(g) Labor Day, the first Monday in September;

(h) Indigenous Peoples' Day and Columbus Day, the second Monday in October;

(i) Veterans' Day, November 11;

(j) Thanksgiving Day, the fourth Thursday in November;

(k) Christmas Day, December 25;

(l) state general election day.

(2) (a) If any of the holidays in subsections (1)(b) through (1)(l) fall on a Sunday, the Monday following is a holiday.

(b) If any of the holidays in subsections (1)(b) through (1)(l) fall on a Saturday, the Friday preceding is a holiday.

(c) All other days are business days.
Mont. Code Ann. § 1-3-209 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-209
1-3-209 Fraudulent dispossession
Status: in_force

1-3-209 . Fraudulent dispossession. A person who has fraudulently dispossessed oneself of a thing may be treated as if the person still had possession.
Mont. Code Ann. § 1-5-624 — MT Code / Title 1 / Chapter 5 / Part 6 / Section 1-5-624
1-5-624 Validity of notarial acts
Status: in_force

1-5-624 . Validity of notarial acts. Failure by a notarial officer to perform a duty or meet a requirement specified in this part, except failure to comply with the provisions of 1-5-603 (12) or 1-5-625 (1)(a) through (1)(d) and (2), does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this part does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on the laws of this state, other than this part, or the laws of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts.
Mont. Code Ann. § 1-1-525 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-525
1-1-525 Montana cowboy hall of fame
Status: in_force

1-1-525 . Montana cowboy hall of fame. (1) There is a Montana cowboy hall of fame. Once the recipient of the grant for site development and project planning authorized pursuant to section 4(7), Chapter 3, Special Laws of May 2007, determines the location of the Montana cowboy hall of fame, the grant recipient shall notify the department of commerce and the department of transportation.

(2) Once notified that the location of the Montana cowboy hall of fame is determined, the department of commerce and the department of transportation shall identify the site as the location of the Montana cowboy hall of fame on official state maps. When existing road signs need replacement, the department of transportation shall provide appropriate markers to recognize the site.
Mont. Code Ann. § 1-1-205 — MT Code / Title 1 / Chapter 1 / Part 2 / Section 1-1-205
1-1-205 Terms relating to property and decedents' estates
Status: in_force

1-1-205 . Terms relating to property and decedents' estates. Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated:

(1) "Personal property" means money, goods, chattels, things in action, and evidences of debt.

(2) "Pledge", "mortgage", "conditional sale", "lien", "assignment", and like terms, when used in referring to a security interest in personal property, include a corresponding type of security interest under the Uniform Commercial Code--Secured Transactions.

(3) "Property" means real and personal property.

(4) "Real property" means lands, tenements, hereditaments, and possessory title to public lands.

(5) "Will" includes codicils.
Mont. Code Ann. § 1-1-204 — MT Code / Title 1 / Chapter 1 / Part 2 / Section 1-1-204
1-1-204 Terms denoting state of mind
Status: in_force

1-1-204 . Terms denoting state of mind. Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated:

(1) "Corruptly" means a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to or to some other person.

(2) "Knowingly" means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. It does not require any knowledge of the unlawfulness of the act or omission.

(3) "Malice" and "maliciously" mean a wish to vex, annoy, or injure another person or an intent to do a wrongful act, established either by proof or presumption of law.

(4) "Neglect", "negligence", "negligent", and "negligently" mean a want of the attention to the nature or probable consequences of the act or omission that a prudent person would ordinarily give in acting in the person's own concerns.

(5) "Willfully", when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate the law, to injure another, or to acquire any advantage.
Mont. Code Ann. § 1-5-626 — MT Code / Title 1 / Chapter 5 / Part 6 / Section 1-5-626
1-5-626 Fees for notarial acts -- collection of fees
Status: in_force

1-5-626 . Fees for notarial acts -- collection of fees. (1) A notary public may charge a fee not to exceed $10 for each notarial act:

(a) performing an acknowledgment;

(b) witnessing a signature;

(c) executing a verification on oath or affirmation (jurat);

(d) certifying a transcript;

(e) certifying a copy;

(f) performing a certification of fact; or

(g) performing another notarial act authorized by law, unless charging a fee for the act is expressly prohibited by that law.

(2) (a) Subject to subsections (2)(b) through (2)(d), a notary public may charge an additional fee, as provided by rule, to:

(i) perform a notarial act using an electronic notarization system or communication technology; or

(ii) travel to perform a notarial act.

(b) The notary public shall explain to the person requesting the notarial act that:

(i) the fee is in addition to a fee specified in subsection (1); and

(ii) the fee is an amount not determined by law.

(c) The person requesting the notarial act must agree in advance on the amount of the additional fee.

(d) A fee charged for travel must be equal to or less than the standard mileage rates allowed by the internal revenue service.

(3) A notary public may also charge a fee to recover the actual cost of providing a copy of a journal entry or audiovisual recording of a notarial act performed using communication technology.

(4) If a notary public charges fees under this section for performing notarial acts, the notary public shall display in English a list of the fees the notary public will charge.

(5) A notary public who is employed by a private entity may enter into an agreement with the entity under which fees collected by the notary public under this section are collected by and accrue to the entity.

(6) A public official may collect the fees described in this section for notarial acts performed in the course of employment by notaries public who are employed by the public body.
Mont. Code Ann. § 1-2-107 — MT Code / Title 1 / Chapter 2 / Part 1 / Section 1-2-107
1-2-107 Applicability of definitions
Status: in_force

1-2-107 . Applicability of definitions. Whenever the meaning of a word or phrase is defined in any part of this code, such definition is applicable to the same word or phrase wherever it occurs, except where a contrary intention plainly appears.
Mont. Code Ann. § 1-11-401 — MT Code / Title 1 / Chapter 11 / Part 4 / Section 1-11-401
1-11-401 Short title
Status: in_force

1-11-401 . Short title. This part may be cited as the "Uniform Electronic Legal Material Act".
Mont. Code Ann. § 1-3-232 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-232
1-3-232 Avoiding voidness
Status: in_force

1-3-232 . Avoiding voidness. An interpretation which gives effect is preferred to one which makes void.
Mont. Code Ann. § 1-1-202 — MT Code / Title 1 / Chapter 1 / Part 2 / Section 1-1-202
1-1-202 Terms relating to procedure and the judiciary
Status: in_force

1-1-202 . Terms relating to procedure and the judiciary. Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated:

(1) "Deposition" means a written declaration under oath or affirmation, made upon notice to the adverse party for the purpose of enabling the adverse party to attend and cross-examine.

(2) "Judicial officers" means justices of the supreme court, judges of the district courts, justices of the peace, municipal judges, and city judges.

(3) "Judicial record" means the record of official entry of the proceedings in a court of justice or of the official act of a judicial officer in an action or special proceeding.

(4) "Oral examination" means an examination in the presence of the jury or tribunal that is to decide the fact or act upon it or the spoken testimony of the witness being heard by the jury or tribunal.

(5) "Process" means a writ or summons issued in the course of judicial proceedings.

(6) "Registered mail", for purposes of legal notification, means registered or certified mail.

(7) "Testify" means every mode of oral statement under oath or affirmation.

(8) "Writ" means an order in writing issued in the name of the state or of a court or judicial officer.
Mont. Code Ann. § 1-1-514 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-514
1-1-514 State butterfly
Status: in_force

1-1-514 . State butterfly. The mourning cloak, Nymphalis antiopa, is the official Montana state butterfly.
Mont. Code Ann. § 1-3-227 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-227
1-3-227 Smaller within larger
Status: in_force

1-3-227 . Smaller within larger. The greater contains the less.
Mont. Code Ann. § 1-11-406 — MT Code / Title 1 / Chapter 11 / Part 4 / Section 1-11-406
1-11-406 Effect of authentication
Status: in_force

1-11-406 . Effect of authentication. (1) Legal material in an electronic record that is authenticated under 1-11-405 is presumed to be an accurate copy of the legal material.

(2) If another state has adopted a law substantially similar to this part, legal material in an electronic record that is designated as official and authenticated by the official publisher in that state is presumed to be an accurate copy of the legal material.

(3) A party contesting the authentication of legal material in an electronic record authenticated under 1-11-405 has the burden of proving by a preponderance of the evidence that the record is not authentic.
Mont. Code Ann. § 1-4-105 — MT Code / Title 1 / Chapter 4 / Part 1 / Section 1-4-105
1-4-105 Written words versus words in printed form
Status: in_force

1-4-105 . Written words versus words in printed form. When an instrument consists partly of written words and partly of a printed form and the two are inconsistent, the former control the latter.
Mont. Code Ann. § 1-3-213 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-213
1-3-213 Grant includes essentials
Status: in_force

1-3-213 . Grant includes essentials. One who grants a thing is presumed to grant also whatever is essential to its use.
Mont. Code Ann. § 1-12-101 — MT Code / Title 1 / Chapter 12 / Part 1 / Section 1-12-101
1-12-101 Appointment, composition, term of office
Status: in_force

1-12-101 . Appointment, composition, term of office. (1) There is a Montana commission on uniform state laws, which consists of three recognized members of the bar or members of the faculty of the law school of the university of Montana-Missoula and any resident of this state who, because of long service in the cause of the uniformity of state legislation, has been elected a life member of the national conference of commissioners on uniform state laws. Commissioners must be appointed by the legislative council for terms of 4 years each or until their successors are appointed. The legislative council may accept recommendations for appointments from the state bar of Montana, the Montana judges' association, and the dean of the law school.

(2) Commissioners shall serve for no salary. Commissioners are entitled to reimbursement for expenses as provided in 2-18-501 .
Mont. Code Ann. § 1-1-304 — MT Code / Title 1 / Chapter 1 / Part 3 / Section 1-1-304
1-1-304 Computation of fractions of a year
Status: in_force

1-1-304 . Computation of fractions of a year. Fractions of a year are computed by the number of months; thus, half a year is 6 months.
Mont. Code Ann. § 1-2-108 — MT Code / Title 1 / Chapter 2 / Part 1 / Section 1-2-108
1-2-108 Reference to other titles, chapters, parts, sections, or subsections -- subsequent amendments
Status: in_force

1-2-108 . Reference to other titles, chapters, parts, sections, or subsections -- subsequent amendments. (1) A statute which refers to a title, chapter, part, section, or subsection number without further identification or attribution is presumed, unless the context clearly indicates otherwise, to refer to a title, chapter, part, section, or subsection of the Montana Code Annotated.

(2) A specific or implied reference to a title, chapter, part, section, or subsection of the Montana Code Annotated is presumed to be a reference to that title, chapter, part, section, or subsection as it may be amended or changed from time to time. This presumption may be overcome only by a clear showing that a subsequent amendment or change in the title, chapter, part, section, or subsection is inconsistent with the continued purpose or meaning of the section referring to it.

(3) The presumption contained in subsection (2) applies retroactively as well as prospectively to any reference to a title, chapter, part, section, or subsection of the Montana Code Annotated, regardless of when the reference was created.
Mont. Code Ann. § 1-11-201 — MT Code / Title 1 / Chapter 11 / Part 2 / Section 1-11-201
1-11-201 Code commissioner
Status: in_force

1-11-201 . Code commissioner. There is within the legislative services division a code commissioner.
Mont. Code Ann. § 1-3-215 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-215
1-3-215 Equal in right or wrong
Status: in_force

1-3-215 . Equal in right or wrong. Between those who are equally in the right or equally in the wrong, the law does not interpose.
Mont. Code Ann. § 1-1-541 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-541
1-1-541 Display of POW/MIA flag
Status: in_force

1-1-541 . Display of POW/MIA flag. (1) The POW/MIA flag must be displayed on or in front of the locations specified in subsection (2) on any day when the flag of the United States of America is displayed. The display of the POW/MIA flag is to symbolize Montana's concern and commitment to achieving the fullest possible accounting of United States military personnel who, having been prisoners of war or missing in action, still remain unaccounted for or who in the future may become prisoners of war, missing in action, or otherwise unaccounted for as a result of hostile action.

(2) The POW/MIA flag must be displayed pursuant to subsection (1) at the following locations:

(a) the state capitol;

(b) any building that serves as the location of a state district court;

(c) any building that serves as the location of a city or town hall for an incorporated city or town; and

(d) any building that serves as the main administrative building of a county.

(3) The POW/MIA flag may be no larger than the national flag and must be displayed as follows:

(a) if the national and the POW/MIA flags are flown on the same flagpole, the POW/MIA flag must be directly below the national flag;

(b) if the national and state flags are flown on the same flagpole, the POW/MIA flag must be directly below the national flag;

(c) if the national and state flags are flown on two different flagpoles, the POW/MIA flag must be on the pole with and directly below the national flag;

(d) if the national and POW/MIA flags are flown on separate flagpoles, the POW/MIA flag must occupy the pole to the left of the national flag;

(e) if the national, state, and POW/MIA flags are to be flown on three separate flagpoles, the national flag must occupy the right pole, the POW/MIA flag must occupy the middle pole, and the state flag must occupy the far left pole.

(4) As used in this section, "POW/MIA flag" means the flag designated in 36 U.S.C. 902 as the symbol of concern about United States military personnel taken as prisoners of war or listed as missing in action.
Mont. Code Ann. § 1-2-207 — MT Code / Title 1 / Chapter 2 / Part 2 / Section 1-2-207
1-2-207 Repeal of repealing act -- no revival
Status: repealed

1-2-207 . Repeal of repealing act -- no revival. No act or part of an act repealed by another act of the legislature is revived by the repeal of the repealing act without express words reviving such repealed act or part of an act.
Mont. Code Ann. § 1-5-304 — MT Code / Title 1 / Chapter 5 / Part 3 / Section 1-5-304
1-5-304 Powers of officer taking proof of execution
Status: in_force

1-5-304 . Powers of officer taking proof of execution. Officers authorized to take the proof of instruments are authorized in such proceedings to:

(1) administer oaths or affirmations as prescribed by law;

(2) employ and swear interpreters; and

(3) issue subpoenas as prescribed by law.
Mont. Code Ann. § 1-1-512 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-512
1-1-512 State Vietnam veterans' memorial
Status: in_force

1-1-512 . State Vietnam veterans' memorial. (1) The memorial located in Rose Park, Missoula, Montana, dedicated to the individuals who served the United States in the Republic of Vietnam, is the official state Vietnam veterans' memorial.

(2) The department of commerce and the department of transportation are directed to reference the location of the official state Vietnam veterans' memorial in Rose Park, Missoula, Montana, on official state maps.
Mont. Code Ann. § 1-11-302 — MT Code / Title 1 / Chapter 11 / Part 3 / Section 1-11-302
1-11-302 Updates of Montana Code Annotated
Status: in_force

1-11-302 . Updates of Montana Code Annotated. The publication of updates to the Montana Code Annotated may be as a cumulative supplement or replacement volume or in any other format approved by the legislative council.
Mont. Code Ann. § 1-11-411 — MT Code / Title 1 / Chapter 11 / Part 4 / Section 1-11-411
1-11-411 Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

1-11-411 . Relation to Electronic Signatures in Global and National Commerce Act. This part modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
Mont. Code Ann. § 1-1-507 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-507
1-1-507 State fish
Status: in_force

1-1-507 . State fish. The blackspotted cutthroat trout, Salmo clarki, is the official Montana state fish.
Mont. Code Ann. § 1-4-201 — MT Code / Title 1 / Chapter 4 / Part 2 / Section 1-4-201
1-4-201 Seal defined
Status: in_force

1-4-201 . Seal defined. (1) A "seal" is a particular sign made to attest in the most formal manner the execution of an instrument.

(2) A public seal in this state is a stamp or impression made by a public officer with an instrument provided by law to attest the execution of an official or public document. A private seal may be made in the same manner by any instrument.
Mont. Code Ann. § 1-6-103 — MT Code / Title 1 / Chapter 6 / Part 1 / Section 1-6-103
1-6-103 Variation of oath to suit witness's belief
Status: in_force

1-6-103 . Variation of oath to suit witness's belief. The court shall vary the mode of swearing or affirming to accord with the witness's beliefs whenever it is satisfied that the witness has a distinct mode of swearing or affirming.
Mont. Code Ann. § 1-2-106 — MT Code / Title 1 / Chapter 2 / Part 1 / Section 1-2-106
1-2-106 Construction of words and phrases
Status: in_force

1-2-106 . Construction of words and phrases. Words and phrases used in the statutes of Montana are construed according to the context and the approved usage of the language, but technical words and phrases and such others as have acquired a peculiar and appropriate meaning in law or are defined in chapter 1, part 2, as amended, are to be construed according to such peculiar and appropriate meaning or definition.
Mont. Code Ann. § 1-2-203 — MT Code / Title 1 / Chapter 2 / Part 2 / Section 1-2-203
1-2-203 Effect of amendment of statute
Status: repealed

1-2-203 . Effect of amendment of statute. Where a section or a part of a statute is amended, it is not to be considered as having been repealed and reenacted in the amended form, but the portions which are not altered are to be considered as having been the law from the time when they were enacted, and the new provisions are to be considered as having been enacted at the time of the amendment.
Mont. Code Ann. § 1-5-622 — MT Code / Title 1 / Chapter 5 / Part 6 / Section 1-5-622
1-5-622 Authority and requirements to refuse to perform notarial act
Status: in_force

1-5-622 . Authority and requirements to refuse to perform notarial act. (1) A notarial officer shall refuse to perform a notarial act if the notarial officer is not satisfied that:

(a) the individual executing the record is competent or has the capacity to execute the record; or

(b) the individual executing the record is signing knowingly or voluntarily.

(2) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by a law other than as provided in this part.

(3) A notary public shall refuse a request that would require the notary to:

(a) use an electronic notarization system or a communication technology that the notary does not know how to operate; or

(b) use an electronic notarization system or communication technology that does not meet the requirements of this part or standards adopted by rule.
Mont. Code Ann. § 1-1-302 — MT Code / Title 1 / Chapter 1 / Part 3 / Section 1-1-302
1-1-302 Computation of time -- what calendar used
Status: in_force

1-1-302 . Computation of time -- what calendar used. Time is computed according to the Gregorian or new style, and January 1 in every year passed since 1752 or to come must be reckoned as the first day of the year.
Mont. Code Ann. § 1-1-516 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-516
1-1-516 State Korean war veterans' memorial -- Butte
Status: in_force

1-1-516 . State Korean war veterans' memorial -- Butte. (1) The Korean war veterans' memorial located in Stodden Park, Butte, Montana, dedicated to the individuals who served the United States in the Republic of Korea, is an official state Korean war veterans' memorial.

(2) The department of commerce and the department of transportation are directed to reference the location of the state Korean war veterans' memorial on official state maps.
Mont. Code Ann. § 1-3-206 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-206
1-3-206 Consent
Status: in_force

1-3-206 . Consent. A person who consents to an act is not wronged by it.
Mont. Code Ann. § 1-5-632 — MT Code / Title 1 / Chapter 5 / Part 6 / Section 1-5-632
1-5-632 Unlawful acts -- penalties
Status: in_force

1-5-632 . Unlawful acts -- penalties. (1) It is unlawful to:

(a) intentionally withhold from a notary public the notary public's official stamp, journal, or certificate of commission of a notary public;

(b) attach, photocopy, alter, or otherwise reproduce a notary public's signature, stamp, or completed notarial certificate for use on a record other than the original record for which it was intended;

(c) knowingly destroy, deface, or conceal a notarial record;

(d) change, modify, correct, or in any other way amend a notarial certificate, except as provided in 1-5-609 (5).

(2) A person convicted of an offense under this section is subject to a fine not to exceed $2,500, incarceration for a period not to exceed 1 year, or both, for each offense.
Mont. Code Ann. § 1-1-511 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-511
1-1-511 State ballad
Status: in_force

1-1-511 . State ballad. The song "Montana Melody", written by Carleen Harvey and LeGrande Harvey, is the official state ballad of the state of Montana.
Mont. Code Ann. § 1-1-508 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-508
1-1-508 State animal
Status: in_force

1-1-508 . State animal. The grizzly bear, Ursus arctos horribilis, as preferred by a vote of Montana schoolchildren, is the official Montana state animal.
Mont. Code Ann. § 1-5-303 — MT Code / Title 1 / Chapter 5 / Part 3 / Section 1-5-303
1-5-303 Facts that must be shown when offering proof of handwriting
Status: in_force

1-5-303 . Facts that must be shown when offering proof of handwriting. The evidence taken under 1-5-302 must satisfactorily prove to the officer the following facts:

(1) the existence of one or more of the conditions mentioned in 1-5-302 ;

(2) that the witness testifying knew the person whose name purports to be subscribed to the instrument as a party and is well acquainted with that person's signature;

(3) that the witness testifying personally knew the person who subscribed the instrument as a witness and is well acquainted with that person's signature;

(4) that the signature or signatures in question are genuine; and

(5) the place of residence of the witness.
Mont. Code Ann. § 1-4-202 — MT Code / Title 1 / Chapter 4 / Part 2 / Section 1-4-202
1-4-202 Manner of making a seal
Status: in_force

1-4-202 . Manner of making a seal. The seal of a court or public officer, when required by law to be affixed to any instrument, may be affixed by a stamp or impression of the seal upon the paper, or other material on which such instrument is written, alone or upon any substance attached to the paper or other material capable of receiving a visible stamp or impression. The seal of a private person may be made in like manner, by the scroll of a pen, or by writing the word "seal" against the signature of the writer.
Mont. Code Ann. § 1-4-106 — MT Code / Title 1 / Chapter 4 / Part 1 / Section 1-4-106
1-4-106 Interpretation of language according to usage in place of execution
Status: in_force

1-4-106 . Interpretation of language according to usage in place of execution. The language of a writing is to be interpreted according to the meaning it bears in the place of its execution unless the parties have reference to a different place.
Mont. Code Ann. § 1-3-204 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-204
1-3-204 Waiver of benefit of law
Status: in_force

1-3-204 . Waiver of benefit of law. Any person may waive the advantage of a law intended solely for that person's benefit. A law established for a public reason cannot be contravened by a private agreement.
Mont. Code Ann. § 1-1-215 — MT Code / Title 1 / Chapter 1 / Part 2 / Section 1-1-215
1-1-215 Residence -- rules for determining
Status: in_force

1-1-215 . Residence -- rules for determining. Every person has, in law, a residence. In determining the place of residence, the following rules are to be observed:

(1) It is the place where a person remains when not called elsewhere for labor or other special or temporary purpose and to which the person returns in seasons of repose.

(2) There may be only one residence. If a person claims a residence within Montana for any purpose, then that location is the person's residence for all purposes unless there is a specific statutory exception.

(3) A residence cannot be lost until another is gained.

(4) The residence of an unmarried minor is:

(a) the residence of the minor's parents;

(b) if one of the parents is deceased or the parents do not share the same residence, the residence of the parent having legal custody;

(c) if neither parent has legal custody, the residence of the legal guardian or custodian appointed by a court of competent jurisdiction; or

(d) if the conditions in 20-5-502 are met, the residence of the caretaker relative.

(5) In the case of a controversy, the district court has jurisdiction over which residence is the residence of an unmarried minor.

(6) Except as provided in Title 20, chapter 5, part 5, and this section, the residence of an unmarried minor who has a parent living cannot be changed by either the minor's own act or an act of the minor's guardian.

(7) The residence can be changed only by the union of act and intent.
Mont. Code Ann. § 1-1-411 — MT Code / Title 1 / Chapter 1 / Part 4 / Section 1-1-411
1-1-411 Certain state services denied to illegal aliens
Status: in_force

1-1-411 . Certain state services denied to illegal aliens. (1) To the extent allowed by federal law and the Montana constitution and except as provided in 44-4-1502 , a state agency may not provide a state service to an illegal alien and shall comply with the requirements of this section.

(2) To determine whether an applicant for a state service is an illegal alien, the agency may use the systematic alien verification for entitlements program provided by the United States department of homeland security or any other lawful method of making the determination.

(3) A state agency shall notify appropriate personnel in immigration and customs enforcement under the United States department of homeland security or its successor of any illegal alien applying for a state service.

(4) An agency shall require a person seeking a state service to provide proof of United States citizenship or legal alien status.

(5) A state agency shall execute any written agreement required by federal law to implement this section.

(6) As used in this section, the following definitions apply:

(a) "Agency" means a department, board, commission, committee, authority, or office of the legislative or executive branches of state government, including a unit of the Montana university system.

(b) "Illegal alien" means an individual who is not a citizen of the United States and who has unlawfully entered or remains unlawfully in the United States.

(c) "State service" means a payment of money, the grant of a state license or permit, or the provision of another valuable item or service under any of the following programs and provisions of law:

(i) employment with a state agency;

(ii) qualification as a student in the university system for the purposes of a public education, as provided in 20-25-502 ;

(iii) student financial assistance, as provided in Title 20, chapter 26;

(iv) issuance of a state license or permit to practice a trade or profession, as provided in Title 37;

(v) unemployment insurance benefits, as provided in Title 39, chapter 51;

(vi) vocational rehabilitation, as provided in Title 53, chapter 7;

(vii) services for victims of crime, as provided in Title 53, chapter 9;

(viii) services for the physically disabled, as provided in Title 53, chapter 19, parts 3 and 4;

(ix) a grant, as provided in Title 90.
Mont. Code Ann. § 1-2-104 — MT Code / Title 1 / Chapter 2 / Part 1 / Section 1-2-104
1-2-104 Preference to construction favoring natural right
Status: in_force

1-2-104 . Preference to construction favoring natural right. When a statute is equally susceptible of two interpretations, one in favor of natural right and the other against it, the former is to be adopted.
Mont. Code Ann. § 1-4-205 — MT Code / Title 1 / Chapter 4 / Part 2 / Section 1-4-205
1-4-205 Effect of instruments without a seal
Status: in_force

1-4-205 . Effect of instruments without a seal. All instruments shall be as effectual without a seal as if the same had a seal attached thereto, but this section shall not apply to municipal or other corporations which by law are required to attest their action under seal.
Mont. Code Ann. § 1-1-203 — MT Code / Title 1 / Chapter 1 / Part 2 / Section 1-1-203
1-1-203 Terms relating to instruments and other writings
Status: in_force

1-1-203 . Terms relating to instruments and other writings. Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated:

(1) "Affidavit" means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105 .

(2) "Execution" of an instrument means subscribing and delivering it, with or without affixing a seal.

(3) "Folio", when used as a measure for computing fees, means 100 words, counting every two letters or numbers necessarily used as a word. Any portion of a folio, when in the whole paper there is not a complete folio and when there is an excess over the last folio exceeding one-half, may be computed as a folio.

(4) "Printing" means the act of reproducing a design on a surface by any process.

(5) "Signature" or "subscription" includes the mark of a person who cannot write if the person's name is written near the mark by another person who also signs that person's own name as a witness.

(6) "Subscribing witness" means a person who sees a writing executed or hears it acknowledged and at the request of the party signs the person's name as a witness.

(7) "Writing" includes printing.
Mont. Code Ann. § 1-1-403 — MT Code / Title 1 / Chapter 1 / Part 4 / Section 1-1-403
1-1-403 Allegiance
Status: in_force

1-1-403 . Allegiance. Allegiance is the obligation of fidelity and obedience which every citizen owes to the state.
Mont. Code Ann. § 1-2-101 — MT Code / Title 1 / Chapter 2 / Part 1 / Section 1-2-101
1-2-101 Role of the judge -- preference to construction giving each provision meaning
Status: in_force

1-2-101 . Role of the judge -- preference to construction giving each provision meaning. In the construction of a statute, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted or to omit what has been inserted. Where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
Mont. Code Ann. § 1-11-103 — MT Code / Title 1 / Chapter 11 / Part 1 / Section 1-11-103
1-11-103 Effect of Montana Code Annotated -- official version
Status: repealed

1-11-103 . Effect of Montana Code Annotated -- official version. (1) The Montana Code Annotated is a reenactment of the Revised Codes of Montana, 1947, and the supplements thereto.

(2) The enactment of the Montana Code Annotated may not:

(a) revive a law repealed or superseded before the effective date of the Montana Code Annotated;

(b) affect an act done, right accrued, or obligation incurred or imposed by law prior to the effective date of the Montana Code Annotated;

(c) affect any action, suit, or proceeding pending on the effective date of the Montana Code Annotated;

(d) repeal statutes of a nongeneral, nonpermanent nature, such as severability, construction, validating, repealing, or similar statutes, omitted from the Montana Code Annotated.

(3) The Montana Code Annotated must be given effect as a continuation of the Revised Codes of Montana and not as a new enactment. A defect in title of any act set out in prior laws and reenacted by the Montana Code Annotated is cured by the enactment of the Montana Code Annotated.

(4) No implication or presumption of legislative construction is to be drawn from the classification or arrangement of the Montana Code Annotated.

(5) Unless specifically and expressly adopted as part of the law by the legislature, annotations, code commissioner notes, catchlines, or other editorial material included in the Montana Code Annotated may not be construed as part of the legislative text but are only for the purpose of convenience, orderly arrangement, and information.

(6) After enactment, the Montana Code Annotated, including all subsequent replacement volumes, is prima facie the official laws of Montana. In case of any inconsistency in meaning arising through omission or otherwise between the provisions of the Montana Code Annotated and the corresponding portion of the official enrolled bill on file with the secretary of state, effect must be given to the official enrolled bill.

(7) The Montana Code Annotated, prepared in accordance with part 3 or part 4, is the official version of the statutes of Montana. The official version of the statutes is the only publication of the statutes that may be used in public documents. This subsection is not intended to interfere with the supreme court's authority to adopt rules of evidence pursuant to Article VII, section 2, of the Montana constitution.
Mont. Code Ann. § 1-1-531 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-531
1-1-531 State soil
Status: in_force

1-1-531 . State soil. The soil series known as Scobey, of the taxonomic class fine, smectitic, frigid Aridic Argiustolls, is the official Montana state soil.
Mont. Code Ann. § 1-3-231 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-231
1-3-231 Principal
Status: in_force

1-3-231 . Principal. The incident follows the principal and not the principal the incident.
Mont. Code Ann. § 1-1-201 — MT Code / Title 1 / Chapter 1 / Part 2 / Section 1-1-201
1-1-201 Terms of wide applicability
Status: in_force

1-1-201 . Terms of wide applicability. (1) Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated:

(a) "Female" means a member of the human species who, under normal development, has XX chromosomes and produces or would produce relatively large, relatively immobile gametes, or eggs, during her life cycle and has a reproductive and endocrine system oriented around the production of those gametes. An individual who would otherwise fall within this definition, but for a biological or genetic condition, is female.

(b) "Male" means a member of the human species who, under normal development, has XY chromosomes and produces or would produce small, mobile gametes, or sperm, during his life cycle and has a reproductive and endocrine system oriented around the production of those gametes. An individual who would otherwise fall within this definition, but for a biological or genetic condition, is male.

(c) "Oath" includes an affirmation or declaration.

(d) "Person" includes a corporation or other entity as well as a natural person.

(e) "Several" means two or more.

(f) "Sex" means the organization of the body parts and gametes for reproduction in human beings and other organisms. In human beings, there are exactly two sexes, male and female, with two corresponding types of gametes. The sexes are determined by the biological and genetic indication of male or female, including sex chromosomes, naturally occurring sex chromosomes, gonads, and nonambiguous internal and external genitalia present at birth, without regard to an individual's psychological, behavioral, social, chosen, or subjective experience of gender.

(g) "State", when applied to the different parts of the United States, includes the District of Columbia and the territories.

(h) "United States" includes the District of Columbia and the territories.

(2) Wherever the word "man" or "men" or a word that includes the syllable "man" or "men" in combination with other syllables, such as "workman", appears in this code, the word or syllable includes "woman" or "women" unless the context clearly indicates a contrary intent and unless the subject matter of the statute relates clearly and necessarily to a specific sex only.

(3) Whenever the term "heretofore" occurs in any statute, it must be construed to mean any time previous to the day the statute takes effect. Whenever the word "hereafter" occurs, it must be construed to mean the time after the statute containing the term takes effect.
Mont. Code Ann. § 1-3-216 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-216
1-3-216 Preference to earliest
Status: in_force

1-3-216 . Preference to earliest. Between rights otherwise equal, the earliest is preferred.
Mont. Code Ann. § 1-1-504 — MT Code / Title 1 / Chapter 1 / Part 5 / Section 1-1-504
1-1-504 State bird
Status: in_force

1-1-504 . State bird. The bird known as the western meadowlark, Sturnella neglecta (Audubon), as preferred by a referendum vote of Montana school children, shall be designated and declared to be the official bird of the state of Montana.
Mont. Code Ann. § 1-11-101 — MT Code / Title 1 / Chapter 11 / Part 1 / Section 1-11-101
1-11-101 Definitions
Status: repealed

1-11-101 . Definitions. As used in this chapter, unless the context requires otherwise, the following definitions apply:

(1) "Code" or "codes" means the Montana Code Annotated, which is a reenactment of the Revised Codes of Montana, 1947, as provided in 1-11-103 .

(2) "Publication" or "publish" means the act of issuing a work in printed or electronic format.

(3) "Recodify" means to compile, arrange, rearrange, and prepare for publication. It includes, without changing the meaning, effect, or intent of any law:

(a) correcting or changing punctuation, capitalization, spelling, grammatical construction, and numbering as required by uniform literary and bill drafting practice;

(b) substituting the appropriate new code division reference for reference to a section of, to a part of, or to an entire "act";

(c) substituting calendar date for "effective date", "hereafter", and similar terms;

(d) creating new titles, chapters, parts, sections, or other divisions of the code;

(e) changing or inserting language made necessary because of rearrangement;

(f) eliminating redundant words;

(g) when given direction or authority by another statute, correcting inaccurate or obsolete references to:

(i) titles of officers or agencies, such as those changed by executive reorganization statutes;

(ii) other code sections, such as those that have been repealed or repealed and replaced;

(h) changing inaccurate terminology to comply with statutory definitions or short form amendments; and

(i) changing or creating section captions (catchlines) to clearly reflect the content of the section, unless the section captions are specifically and expressly adopted as part of the law by the legislature.
Mont. Code Ann. § 1-4-108 — MT Code / Title 1 / Chapter 4 / Part 1 / Section 1-4-108
1-4-108 Construction of the terms of a notice
Status: in_force

1-4-108 . Construction of the terms of a notice. A written notice, as well as every other writing, is to be construed according to the ordinary acceptation of its terms. Thus, a notice to the drawers or endorsers of a draft or promissory note that it has been protested for want of acceptance or payment must be held to import that any necessary presentment for acceptance or payment has been made, that the instrument has been dishonored, and that the holder looks for payment to the person to whom the notice is given.
Mont. Code Ann. § 1-1-207 — MT Code / Title 1 / Chapter 1 / Part 2 / Section 1-1-207
1-1-207 Miscellaneous terms
Status: in_force

1-1-207 . Miscellaneous terms. Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated:

(1) "Bribe" means anything of value or advantage, present or prospective, or any promise or undertaking to give anything of value or advantage, that is asked, given, or accepted with a corrupt intent to unlawfully influence the person to whom it is given in the person's action, vote, or opinion in any public or official capacity.

(2) "Peace officer" has the meaning as defined in 46-1-202 .

(3) (a) "Recidivism" means a circumstance in which any sentence is imposed for a new felony or in which a judge or the board of pardons and parole determines that a person convicted of a felony has violated the person's terms of probation or parole within 5 years of the imposition of a sentence for a previous felony conviction.

(b) The term does not include a violation that is a compliance violation, as defined in 46-23-1001 .

(4) "Vessel", when used in reference to shipping, includes ships of all kinds, steamboats and steamships, canal boats, and every structure adapted to be navigated from place to place.
Mont. Code Ann. § 1-3-229 — MT Code / Title 1 / Chapter 3 / Part 2 / Section 1-3-229
1-3-229 Certainty
Status: in_force

1-3-229 . Certainty. That is certain which can be made certain.
Mont. Code Ann. § 1-5-605 — MT Code / Title 1 / Chapter 5 / Part 6 / Section 1-5-605
1-5-605 Notarial act in another state -- reciprocity -- notary public authority
Status: in_force

1-5-605 . Notarial act in another state -- reciprocity -- notary public authority. (1) A notarial act performed in another state has the same effect under the law of this state as if the notarial act were performed by a notarial officer of this state if the notarial act performed in the other state is performed by:

(a) a notary public of that state;

(b) a judge, clerk, or deputy clerk of a court of that state; or

(c) any other individual authorized by the law of that state to perform the notarial act.

(2) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.

(3) The signature and title of a notarial officer described in subsection (1) conclusively establish the authority of the officer to perform the notarial act.

(4) A commission to act as a notary public authorizes the notary public, as provided in 1-5-619 , to perform notarial acts in any county in the state or in any bordering state if the border state recognizes the notary's authority within that state. The commission does not provide the notary public any immunity or benefit conferred by the laws of this state on public officials or employees.