Mont. Code Ann. § 2-9-105 — MT Code / Title 2 / Chapter 9 / Part 1 / Section 2-9-105
2-9-105 State or other governmental entity immune from exemplary and punitive damages
Status: in_force

2-9-105 . State or other governmental entity immune from exemplary and punitive damages. The state and other governmental entities are immune from exemplary and punitive damages.
Mont. Code Ann. § 2-17-115 — MT Code / Title 2 / Chapter 17 / Part 1 / Section 2-17-115
2-17-115 Reservation of space for executive branch
Status: reserved

2-17-115 . Reservation of space for executive branch. (1) The executive branch space on the capitol complex includes:

(a) in the capitol, the entire second floor;

(b) the capitol south oval lot, except the five reserved spaces for the legislature; and

(c) except as provided for in subsection (2), 10 permanent year-round parking spaces on the south side capitol north circle lot adjacent to the capitol building reserved as executive branch space.

(2) From December 1 in an even-numbered year through the 7th day after sine die of a session, one of the executive branch parking spaces provided for in subsection (1)(c) that is occupied by the secretary of state must revert to the speaker of the house of representatives.
Mont. Code Ann. § 2-15-3314 — MT Code / Title 2 / Chapter 15 / Part 33 / Section 2-15-3314
2-15-3314 Terminated
Status: in_force

2-15-3314 . Terminated. Sec. 15, Ch. 456, L. 1999.
Mont. Code Ann. § 2-18-816 — MT Code / Title 2 / Chapter 18 / Part 8 / Section 2-18-816
2-18-816 Biennial audit of group benefit plans required
Status: in_force

2-18-816 . Biennial audit of group benefit plans required. The state employee group benefit plans established under this part, whether established on a self-funded basis or not, must be audited every 2 years. The audit must cover the 2-year period since the last audit and be conducted by or at the direction of the legislative auditor.
Mont. Code Ann. § 2-15-2042 — MT Code / Title 2 / Chapter 15 / Part 20 / Section 2-15-2042
2-15-2042 Montana end of watch account -- payment and cessation of payment
Status: in_force

2-15-2042 . Montana end of watch account -- payment and cessation of payment. (1) There is a Montana end of watch state special revenue account within the state special revenue fund established in 17-2-102 administered by the department. Pursuant to 2-15-2041 , all interest and earnings from the end of watch trust fund established in 2-15-2041 must be deposited into this fund.

(2) The department shall disburse payments to a qualifying law enforcement officer or the law enforcement officer's immediate family, contingent upon the board's approval of the application for funds.

(3) (a) Payments for a catastrophic injury in the line of duty must be made to a catastrophically injured law enforcement officer on a monthly basis for 60 months from the date of the board's approval of the application for payments from the end of watch trust.

(b) Applications to the board for payments related to a catastrophic injury must be accompanied by proof of maximum medical improvement. Applications must also include objective medical evidence for a permanent total disability.

(c) In the event the catastrophically injured law enforcement officer dies prior to receiving all 60 monthly payments, the department shall pay on a monthly basis the remainder of the 60 monthly payments to the law enforcement officer's immediate family as follows:

(i) to the law enforcement officer's surviving spouse until the surviving spouse remarries or dies;

(ii) if there is no surviving spouse or if the surviving spouse remarries or dies prior to the disbursement of all 60 monthly payments, then the remainder of the 60 monthly payments must be made to the law enforcement officer's surviving legal children under 18 years of age, in equal shares, and subject to the Uniform Transfers to Minors Act provided for in Title 72, chapter 26; or

(iii) if any of the law enforcement officer's surviving legal children turn 18 years of age prior to the disbursement of all 60 monthly payments, the child will continue to receive funds until the remainder of the 60 monthly payments have been made, in equal shares, to each of the officer's surviving legal children.

(d) In the event there is no surviving spouse that has not remarried or surviving legal children under 18 years of age, the payments must cease.

(4) (a) Payments for a law enforcement officer killed in the line of duty must be made to the law enforcement officer's surviving immediate family on a monthly basis for 60 months from the date of the board's approval of the application. The department shall make the payments as follows:

(i) to the law enforcement officer's surviving spouse until the surviving spouse remarries or dies;

(ii) if there is no surviving spouse or if the surviving spouse remarries or dies prior to disbursement of all 60 monthly payments, then the remainder of the 60 monthly payments must be made to the law enforcement officer's surviving legal children under 18 years of age, in equal shares, and subject to the Uniform Transfers to Minors Act provided for in Title 72, chapter 26; or

(iii) if any of the law enforcement officer's surviving legal children turn 18 years of age prior to the disbursement of all 60 monthly payments, the child will continue to receive funds until the remainder of the 60 monthly payments have been made, in equal shares, to each of the officer's surviving legal children.

(b) In the event there is no surviving spouse that has not remarried or surviving legal children under 18 years of age, the payments must cease.

(5) A maximum of 60 monthly payments may be made to a law enforcement officer's surviving immediate family under this section. In the event a catastrophically injured officer receiving benefits under this section dies, funds must be distributed to the surviving immediate family until the remainder of the 60 monthly payments for the catastrophic injury have been made. The immediate family are not eligible for additional payments after the full 60 monthly payments from the catastrophic injury have been paid.

(6) (a) For the first 12 months following the date the board approves an application, the monthly payment due to a qualifying law enforcement officer or the law enforcement officer's immediate family under this section is $7,000 a month, subject to an annual increase according to the consumer price index of July 1, 2025, or an annual increase of 3%, whichever is less.

(b) For months 13 through 60 following the date the board approves an application, the monthly payment due to a qualifying law enforcement officer or the law enforcement officer's immediate family under this section is:

(i) $7,000, subject to an annual increase according to the consumer price index as of July 1, 2025, or 3%, whichever is less;

(ii) minus the sum of:

(A) one-half of the workers' compensation monthly benefit based on the employment of the qualifying law enforcement officer paid to the law enforcement officer or the law enforcement officer's immediate family; and

(B) one-half of the state retirement monthly benefit paid based on the employment of the qualifying law enforcement officer to the law enforcement officer or the law enforcement officer's immediate family.

(7) The money in the account is subject to legislative appropriation.

(8) All payments under this section are exempt from execution without limit as provided in 25-13-608 .
Mont. Code Ann. § 2-18-618 — MT Code / Title 2 / Chapter 18 / Part 6 / Section 2-18-618
2-18-618 Sick leave
Status: in_force

2-18-618 . Sick leave. (1) A permanent full-time employee earns sick leave credits from the first day of employment. For calculating sick leave credits, 2,080 hours (52 weeks x 40 hours) equals 1 year. Sick leave credits must be credited at the end of each pay period. Sick leave credits are earned at the rate of 12 working days for each year of service without restriction as to the number of working days that may be accumulated. Employees are not entitled to be paid sick leave until they have been continuously employed 90 days.

(2) An employee may not accrue sick leave credits while in a leave-without-pay status.

(3) Permanent part-time employees are entitled to prorated leave benefits if they have worked the qualifying period.

(4) Full-time temporary and seasonal employees are entitled to sick leave benefits provided they work the qualifying period.

(5) A short-term worker may not earn sick leave credits.

(6) Except as otherwise provided in 2-18-1311 , an employee who terminates employment with the agency is entitled to a lump-sum payment equal to one-fourth of the pay attributed to the accumulated sick leave. The pay attributed to the accumulated sick leave must be computed on the basis of the employee's salary or wage at the time the employee terminates employment with the state, county, or city. Accrual of sick leave credits for calculating the lump-sum payment provided for in this subsection begins July 1, 1971. The payment is the responsibility of the agency in which the sick leave accrues. However, an employee does not forfeit any sick leave rights or benefits accrued prior to July 1, 1971. However, when an employee transfers between agencies within the same jurisdiction, the employee is not entitled to a lump-sum payment. In a transfer between agencies, the receiving agency shall assume the liability for the accrued sick leave credits earned after July 1, 1971, and transferred with the employee.

(7) An employee who receives a lump-sum payment pursuant to this section or who, pursuant to 2-18-1311 , converts unused sick leave to employer contributions to a health care expense trust account and who is again employed by any agency may not be credited with sick leave for which the employee has previously been compensated or for which the employee has received an employer contribution to the health care expense trust account.

(8) Abuse of sick leave is cause for dismissal and forfeiture of the lump-sum payments provided for in this section.

(9) An employee of a state agency may contribute any portion of the employee's accumulated sick leave or accumulated vacation leave to a nonrefundable sick leave fund for state employees and becomes eligible to draw upon the fund if an extensive illness or accident exhausts the employee's accumulated sick leave, irrespective of the employee's membership or nonmembership in the employee welfare benefit plan established pursuant to 2-18-1304 . The department of administration shall, in consultation with the state employee group benefits advisory council, provided for in 2-15-1016 , administer the sick leave fund and adopt rules to implement this subsection.

(10) A local government may establish and administer through local rule a sick leave fund into which its employees may contribute a portion of their accumulated sick leave or vacation leave.
Mont. Code Ann. § 2-17-526 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-526
2-17-526 Information technology project budget summary
Status: in_force

2-17-526 . Information technology project budget summary. (1) (a) The office of budget and program planning, in cooperation with the department, shall prepare a statewide summary of:

(i) proposed major new information technology strategic objectives contained in the state budget; and

(ii) proposed major information technology purchases or implementation impacting another state agency or branch of government to be funded within the current operating budgets, including replacement of or upgrade to existing systems.

(b) The office of budget and program planning and the department shall jointly determine the criteria for classifying a project as a major information technology project.

(2) The information technology strategic objective summary must include:

(a) a listing by institution, agency, or branch of all proposed major information technology purchases or implementations described in subsection (1). Each proposed purchase or implementation included on the list must include:

(i) a description of what would be accomplished by completing the purchase or implementation;

(ii) a list of the existing information technology applications for all branches of government that may be impacted by the purchase or implementation;

(iii) an estimate, prepared in consultation with the impacted agencies, of the costs and resource impacts on existing information technology applications;

(iv) the estimated cost of the purchase or implementation;

(v) the source for funding the purchase or implementation, including funds within an existing operating budget or a new budget request; and

(vi) the estimated cost of operating information technology resources.

(b) a listing of internal service rates proposed for providing information technology services. Each internal service rate included on the list must include:

(i) a description of the services provided; and

(ii) a breakdown, aggregated by fund type, of requests included in the state budget to support the rate.

(c) any other information as determined by the budget director or the department or as requested by the governor or the legislature.

(3) The information technology project summary must be presented to the legislative fiscal analyst in accordance with 17-7-111 (4).
Mont. Code Ann. § 2-10-206 — MT Code / Title 2 / Chapter 10 / Part 2 / Section 2-10-206
2-10-206 Preservation of intellectual property
Status: in_force

2-10-206 . Preservation of intellectual property. Nothing in this part may be construed to alter, diminish, or interfere with the rights and remedies available under federal or state intellectual property laws, including but not limited to patent, copyright, trademark, and trade secret laws.
Mont. Code Ann. § 2-4-505 — MT Code / Title 2 / Chapter 4 / Part 5 / Section 2-4-505
2-4-505 Judicial notice of rules
Status: in_force

2-4-505 . Judicial notice of rules. The courts shall take judicial notice of any rule filed and published under the provisions of this chapter.
Mont. Code Ann. § 2-12-101 — MT Code / Title 2 / Chapter 12 / Part 1 / Section 2-12-101
2-12-101 Short title
Status: in_force

2-12-101 . Short title. This part may be cited as the "State Measurement for Accountable, Responsive, and Transparent Government (SMART) Act".
Mont. Code Ann. § 2-2-135 — MT Code / Title 2 / Chapter 2 / Part 1 / Section 2-2-135
2-2-135 Ethics committees
Status: in_force

2-2-135 . Ethics committees. (1) Each house of the legislature shall establish an ethics committee. Subject to 5-5-234 , the committee must consist of two members of the majority party and two members of the minority party. The committees may meet jointly. Each committee shall educate members concerning the provisions of this part concerning legislators and may consider conflicts between public duty and private interest as provided in 2-2-112 . The joint committee may consider matters affecting the entire legislature.

(2) Pursuant to Article V, section 10, of the Montana constitution, the legislature is responsible for enforcement of the provisions of this part concerning legislators.
Mont. Code Ann. § 2-9-702 — MT Code / Title 2 / Chapter 9 / Part 7 / Section 2-9-702
2-9-702 Amount
Status: in_force

2-9-702 . Amount. The amount for which a county officer or employee must be bonded must be based on the amount of money or property handled and the opportunity for defalcation.
Mont. Code Ann. § 2-4-621 — MT Code / Title 2 / Chapter 4 / Part 6 / Section 2-4-621
2-4-621 When absent members render decision -- proposal for decision and opportunity to submit findings and conclusions -- modification by agency
Status: in_force

2-4-621 . When absent members render decision -- proposal for decision and opportunity to submit findings and conclusions -- modification by agency. (1) When in a contested case a majority of the officials of the agency who are to render the final decision have not heard the case, the decision, if adverse to a party to the proceeding other than the agency itself, may not be made until a proposal for decision is served upon the parties and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the officials who are to render the decision.

(2) The proposal for decision must contain a statement of the reasons for the decision and of each issue of fact or law necessary to the proposed decision and must be prepared by the person who conducted the hearing unless that person becomes unavailable to the agency.

(3) The agency may adopt the proposal for decision as the agency's final order. The agency in its final order may reject or modify the conclusions of law and interpretation of administrative rules in the proposal for decision but may not reject or modify the findings of fact unless the agency first determines from a review of the complete record and states with particularity in the order that the findings of fact were not based upon competent substantial evidence or that the proceedings on which the findings were based did not comply with essential requirements of law. The agency may accept or reduce the recommended penalty in a proposal for decision but may not increase it without a review of the complete record.

(4) A hearings officer who is a member of an agency adjudicative body may participate in the formulation of the agency's final order, provided that the hearings officer has completed all duties as the hearings officer.
Mont. Code Ann. § 2-15-1016 — MT Code / Title 2 / Chapter 15 / Part 10 / Section 2-15-1016
2-15-1016 State employee group benefits advisory council -- composition
Status: in_force

2-15-1016 . State employee group benefits advisory council -- composition. (1) The department shall create a state employee group benefits advisory council under 2-15-122 .

(2) The members of the advisory council must be selected from a diverse group in order to adequately represent the interests of state employees and retirees.

(3) One member of the advisory council must be a retired state employee.

(4) Each labor organization, as defined in 39-31-103 , representing more than 1,000 employees of the state of Montana is entitled to one representative on the advisory council.
Mont. Code Ann. § 2-18-208 — MT Code / Title 2 / Chapter 18 / Part 2 / Section 2-18-208
2-18-208 Comparable worth
Status: in_force

2-18-208 . Comparable worth. The department of administration shall, in its continuous efforts to enhance the current classification plan and pay schedules, work toward the goal of establishing a standard of equal pay for comparable worth. This standard for the classification plan shall be reached by:

(1) eliminating, in the classification of positions, the use of judgments and factors that contain inherent biases based on sex, as defined in 1-1-201 ; and

(2) comparing, in the classification of positions, the factors for determining job worth across occupational groups whenever those groups are dominated by males or females.
Mont. Code Ann. § 2-6-1002 — MT Code / Title 2 / Chapter 6 / Part 10 / Section 2-6-1002
2-6-1002 Definitions
Status: in_force

2-6-1002 . Definitions. As used in this chapter, the following definitions apply:

(1) "Confidential information" means information that is accorded confidential status or is prohibited from disclosure as provided by applicable law. The term includes information that is:

(a) constitutionally protected from disclosure because an individual privacy interest clearly exceeds the merits of public disclosure;

(b) related to judicial deliberations in adversarial proceedings;

(c) necessary to maintain the security and integrity of secure facilities or information systems owned by or serving the state; and

(d) designated as confidential by statute or through judicial decisions, findings, or orders.

(2) "Constitutional officer" means the governor, lieutenant governor, attorney general, secretary of state, superintendent of public instruction, or auditor, who are the constitutionally designated and elected officials of the executive branch of government.

(3) "Constitutional officer record" means a public record prepared, owned, used, or retained by a constitutional officer.

(4) "Essential record" means a public record immediately necessary to:

(a) respond to an emergency or disaster;

(b) begin recovery or reestablishment of operations during and after an emergency or disaster;

(c) protect the health, safety, and property of Montana citizens; or

(d) protect the assets, obligations, rights, history, and resources of a public agency, its employees and customers, and Montana citizens.

(5) "Executive branch agency" means a department, board, commission, office, bureau, or other public authority of the executive branch of state government.

(6) "Historic record" means a public record found by the state archivist to have permanent administrative or historic value to the state.

(7) "Local government" means a city, town, county, consolidated city-county, special district, or school district or a subdivision of one of these entities.

(8) "Local government records committee" means the committee provided for in 2-6-1201 .

(9) "Permanent record" means a public record designated for long-term or permanent retention.

(10) "Public agency" means the executive, legislative, and judicial branches of Montana state government, a political subdivision of the state, a local government, and any agency, department, board, commission, office, bureau, division, or other public authority of the executive, legislative, or judicial branch of the state of Montana.

(11) "Public information" means information prepared, owned, used, or retained by any public agency relating to the transaction of official business, regardless of form, except for confidential information that must be protected against public disclosure under applicable law.

(12) "Public officer" means any person who has been elected or appointed as an officer of state or local government.

(13) "Public record" means public information that is:

(a) fixed in any medium and is retrievable in usable form for future reference; and

(b) designated for retention by the state records committee, judicial branch, legislative branch, or local government records committee.

(14) "Records manager" means an individual designated by a public agency to be responsible for coordinating the efficient and effective management of the agency's public records and information.

(15) "State records committee" means the state records committee provided for in 2-6-1107 .
Mont. Code Ann. § 2-15-1512 — MT Code / Title 2 / Chapter 15 / Part 15 / Section 2-15-1512
2-15-1512 Boards and offices associated with state historical society
Status: in_force

2-15-1512 . Boards and offices associated with state historical society. (1) (a) There is a board of trustees of the state historical society that is created in Title 22, chapter 3.

(b) The composition, method of appointment, terms of office, and qualifications of board members remain as prescribed by law.

(2) (a) There is a preservation review board within the Montana historical society consisting of nine members.

(b) Members must be appointed by the governor in the following manner:

(i) five professional persons recognized in the fields of archaeology, history, paleontology, historic property administration, curation, planning, landscape architecture, conservation, folklore, cultural anthropology, traditional cultural property expertise, architecture, or architectural history. However, no more than two members may be appointed from any one of these fields; and

(ii) four members of the public who represent a broad spectrum of Montana society, who have demonstrated an interest in historic preservation, and whose views reflect the rich cultural heritage of the past as well as the opportunities of the future.

(c) Each member shall serve a 4-year term. A member may be reappointed.

(d) Members must be compensated and receive travel expenses as provided for in 2-15-124 .

(3) (a) There is established the historic preservation office within the Montana historical society, to consist of a historic preservation officer and a qualified professional staff.

(b) The historic preservation officer is appointed by the governor from a list of three nominees submitted to the governor by the director of the Montana historical society with the approval of the Montana historical society board of trustees.

(c) The historic preservation officer is supervised by the director of the Montana historical society.
Mont. Code Ann. § 2-16-202 — MT Code / Title 2 / Chapter 16 / Part 2 / Section 2-16-202
2-16-202 Title contested -- salary withheld
Status: in_force

2-16-202 . Title contested -- salary withheld. (1) When the title of the incumbent of any office in this state is contested by proceedings instituted in any court for that purpose, a warrant may not be drawn or paid for any part of the incumbent's salary until the proceedings have been finally determined.

(2) As soon as the proceedings are instituted, the clerk of the court in which they are pending shall certify the facts to the officers whose duty it would otherwise be to draw the warrant or pay the salary.
Mont. Code Ann. § 2-17-518 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-518
2-17-518 Rulemaking authority
Status: in_force

2-17-518 . Rulemaking authority. (1) The department shall adopt rules to implement this part, including the following:

(a) rules to guide the review and approval process for state agency software and management systems that provide similar functions for multiple state agencies, which must include but are not limited to:

(i) identifying the software and management systems that must be approved;

(ii) establishing the information that state agencies are required to provide to the department; and

(iii) establishing guidelines for the department's approval decision;

(b) rules to guide the review and approval process for state agency acquisition of information technology resources, which must include but are not limited to processes and requirements for:

(i) agency submissions to gain approval for acquiring information technology resources;

(ii) approving specifications for information technology resources; and

(iii) approving contracts for information technology resources; and

(c) rules for granting exceptions from the requirements of this part, which must include but are not limited to:

(i) a process for applying for an exception; and

(ii) guidelines for determining the department's approval decision.

(2) The department may adopt rules to guide the development of state agency information technology plans. The rules may include:

(a) agency plan review procedures;

(b) agency plan content requirements;

(c) guidelines for the department's approval decision; and

(d) dispute resolution processes and procedures.

(3) Adequate rules for the use of any information technology resources must be adopted by the supreme court for judicial branch agencies.

(4) The legislative council shall adopt enterprise principles and technical standards within an enterprise architecture program as a part of the legislative branch information technology plan, as provided for in 5-11-405 , that will fulfill the intent of adequate rules for use of information technology resources for the consolidated legislative branch, as provided for in 5-2-504 .
Mont. Code Ann. § 2-15-1903 — MT Code / Title 2 / Chapter 15 / Part 19 / Section 2-15-1903
2-15-1903 Commissioner of insurance designated
Status: in_force

2-15-1903 . Commissioner of insurance designated. The state auditor shall be ex officio the commissioner of insurance of this state.
Mont. Code Ann. § 2-15-113 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-113
2-15-113 Prior right of department head to agencies and records
Status: in_force

2-15-113 . Prior right of department head to agencies and records. Each department head designated by this chapter or appointed by the governor has, before assuming the office of the department head, full access to all agencies and their records within the department created by this chapter for the purpose of formulating plans for internal organization and the fiscal and personnel administration of the department.
Mont. Code Ann. § 2-9-602 — MT Code / Title 2 / Chapter 9 / Part 6 / Section 2-9-602
2-9-602 Officers and employees to be bonded -- coverage, form, amount
Status: in_force

2-9-602 . Officers and employees to be bonded -- coverage, form, amount. (1) All state officers and employees shall be bonded.

(2) A bond may cover an individual officer or employee or group of officers and employees. The form of all bonds shall be prescribed by the department of administration, subject to the approval of the attorney general.

(3) Before determining the amount for which a state officer or employee shall be bonded, the department of administration shall consult with the head of the institution or agency involved and the head of the agency responsible for the examination or post auditing of state agencies. The amount for which a state officer or employee shall be bonded shall be based on the amount of money or property handled and the opportunity for defalcation.
Mont. Code Ann. § 2-17-1101 — MT Code / Title 2 / Chapter 17 / Part 11 / Section 2-17-1101
2-17-1101 Short title
Status: in_force

2-17-1101 . Short title. This part may be cited as the "Montana Digital Government Services Act".
Mont. Code Ann. § 2-9-315 — MT Code / Title 2 / Chapter 9 / Part 3 / Section 2-9-315
2-9-315 Recovery from appropriations if no insurance
Status: in_force

2-9-315 . Recovery from appropriations if no insurance. In the event no insurance has been procured by the state to pay a claim or judgment arising under the provisions of parts 1 through 3 of this chapter, the claim or judgment shall be paid from the next appropriation of the state instrumentality whose tortious conduct gave rise to the claim.
Mont. Code Ann. § 2-16-205 — MT Code / Title 2 / Chapter 16 / Part 2 / Section 2-16-205
2-16-205 Other commissions
Status: in_force

2-16-205 . Other commissions. The commissions of all other officers, where no special provision is made by law, must be signed by the presiding officer of the body or by the person making the appointment.
Mont. Code Ann. § 2-15-1513 — MT Code / Title 2 / Chapter 15 / Part 15 / Section 2-15-1513
2-15-1513 Montana arts council
Status: in_force

2-15-1513 . Montana arts council. (1) There is a Montana arts council which is created in Title 22, chapter 2.

(2) The composition, method of appointment, terms of office, compensation, reimbursement, and qualifications of council members remain as prescribed by law.
Mont. Code Ann. § 2-18-703 — MT Code / Title 2 / Chapter 18 / Part 7 / Section 2-18-703
2-18-703 Contributions
Status: in_force

2-18-703 . Contributions. (1) Each agency, as defined in 2-18-601 , and the state compensation insurance fund shall contribute the amount specified in this section toward the group benefits cost.

(2) (a) Except as provided in subsection (2)(b), for employees defined in 2-18-701 and for members of the legislature, the employer contribution for group benefits is $1,080 a month beginning January 2026 and $1,107 a month beginning January 2027.

(b) For employees defined in 2-18-701 and for members of the legislature, beginning January 2020 and for each succeeding month, the cost of group benefits, including both the employer and employee contributions for group benefits and health flexible spending accounts, may not exceed the monthly amount for self-only coverage and coverage other than self-only that will trigger the excise tax under 26 U.S.C. 4980I, including any cost-of-living adjustments under 26 U.S.C. 4980I. This section limits contributions for group benefits only to the extent needed to avoid triggering the excise tax under 26 U.S.C. 4980I.

(c) Except as provided in subsection (2)(d), for employees of the Montana university system, the employer contribution for group benefits is $1,080 a month beginning July 2025 and $1,107 a month beginning July 2026.

(d) For employees of the Montana university system, beginning the earlier of July 2020 or the first month in 2020 in which the excise tax under 26 U.S.C. 4980I applies, and for each succeeding month, the cost of group benefits, including both the employer and employee contributions for group benefits and health flexible spending accounts, may not exceed the monthly amount for self-only coverage and coverage other than self-only that will trigger the excise tax under 26 U.S.C. 4980I, including any cost-of-living adjustments under 26 U.S.C. 4980I. This section limits contributions for group benefits only to the extent needed to avoid triggering the excise tax under 26 U.S.C. 4980I.

(e) If a state employee is terminated to achieve a reduction in force, the continuation of contributions for group benefits beyond the termination date is subject to negotiation under 39-31-305 and to the protections of 2-18-1205 . Permanent part-time, seasonal part-time, and temporary part-time employees who are regularly scheduled to work less than 20 hours a week are not eligible for the group benefit contribution. An employee who elects not to be covered by a state-sponsored group benefit plan may not receive the state contribution. A portion of the employer contribution for group benefits may be applied to an employee's costs for participation in Part B of medicare under Title XVIII of the Social Security Act, as amended, if the state group benefit plan is the secondary payer and medicare the primary payer.

(3) For employees of elementary and high school districts, the employer's contributions may exceed but may not be less than $10 a month.

(4) (a) For employees of political subdivisions, as defined in 2-9-101 , except school districts, the employer's contributions may exceed but may not be less than $10 a month.

(b) Subject to the public hearing requirement provided in 2-9-212 (2)(b), the amount in excess of the base contribution of a local government's property tax levy for contributions for group benefits as determined in subsection (4)(c) is not subject to the mill levy calculation limitation provided for in 15-10-420 .

(c) (i) Subject to subsections (4)(c)(ii) and (4)(c)(iii), the base contribution is determined by multiplying the average annual contribution for each employee on July 1, 1999, times the number of employees for whom the employer makes contributions for group benefits under 2-9-212 on July 1 of each fiscal year.

(ii) If a political subdivision did not make contributions for group benefits on or before July 1, 1999, and subsequently does so, the base contribution is determined by multiplying the average annual contribution for each employee in the first year the political subdivision provides contributions for group benefits times the number of employees for whom the employer makes contributions for group benefits under 2-9-212 on July 1 of each fiscal year.

(iii) If a political subdivision has made contributions for group benefits but has not previously levied for contributions in excess of the base contribution, the political subdivision's base is determined by multiplying the average annual contribution for each employee at the beginning of the fiscal year immediately preceding the year in which the levy will first be levied times the number of employees for whom the employer made contributions for group benefits under 2-9-212 in that fiscal year.

(5) Unused employer contributions for any state employee must be transferred to an account established for this purpose by the department of administration and upon transfer may be used to offset losses occurring to the group of which the employee is eligible to be a member.

(6) Unused employer contributions for any government employee may be transferred to an account established for this purpose by a self-insured government and upon transfer may be used to offset losses occurring to the group of which the employee is eligible to be a member or to increase the reserves of the group.

(7) The laws prohibiting discrimination on the basis of marital status in Title 49 do not prohibit bona fide group insurance plans from providing greater or additional contributions for insurance benefits to employees with dependents than to employees without dependents or with fewer dependents.
Mont. Code Ann. § 2-18-623 — MT Code / Title 2 / Chapter 18 / Part 6 / Section 2-18-623
2-18-623 Terminated
Status: in_force

2-18-623 . Terminated. Sec. 10, Ch. 167, L. 2019.
Mont. Code Ann. § 2-17-425 — MT Code / Title 2 / Chapter 17 / Part 4 / Section 2-17-425
2-17-425 Limit on use of state vehicle to commute to worksite -- definitions
Status: in_force

2-17-425 . Limit on use of state vehicle to commute to worksite -- definitions. (1) Except as provided in subsection (2), a state-owned vehicle may not be used by a state agency employee to commute from the employee's residence to the employee's worksite.

(2) (a) The department director may authorize an exception to subsection (1) if the commute from an employee's residence to the employee's worksite is less than 30 miles, the employee is required to be on call for quick response to an emergency that threatens life or property and on-call duty is a specifically identified duty in the employee's position description, and employees in the position have frequently responded to emergency calls in the past 6 months.

(b) Any exception authorized pursuant to subsection (2)(a) and the rationale for the exception must be documented in a memorandum or letter signed by the employee's department director and kept on file with the agency head. A copy of the letter or memorandum must be sent to the governor.

(c) This section does not apply:

(i) to the psychiatrist employed by the department of corrections and assigned to the Montana state prison;

(ii) when the vehicle is, in effect, the employee's worksite;

(iii) when 24-hour use of a state-owned vehicle is specifically authorized by law for an elected or appointed state official and use of the vehicle is considered part of the official's compensation package; or

(iv) to an employee of the division of criminal investigation of the department of justice in the position of fire marshal or assigned to work as an agent in the areas of narcotics or major crimes who is subject to call-outs during nonscheduled hours of employment for the protection of life or property.

(3) Using a state-owned vehicle to commute between the employee's residence and a worksite that is more than 30 miles from the employee's residence is not permitted under any circumstance unless that use is authorized by the employee's department director pursuant to rules adopted under 2-17-424 , the rationale for the exception is documented in a memorandum or letter signed by the employee's department director and kept on file with the agency head, and a copy of the letter or memorandum is sent to the governor.

(4) As used in this section, "state agency" or "agency" means any office, board, commission, department, or other entity of the executive, judicial, or legislative branch of state government, including the university system.
Mont. Code Ann. § 2-9-306 — MT Code / Title 2 / Chapter 9 / Part 3 / Section 2-9-306
2-9-306 Construction of policy conditions -- customary exclusions
Status: in_force

2-9-306 . Construction of policy conditions -- customary exclusions. Any insurance policy, rider, or endorsement issued and purchased after July 1, 1973, to insure against any risk which may arise as a result of the application of parts 1 through 3 of this chapter which contains any condition or provision not in compliance with the requirements of parts 1 through 3 shall not be rendered invalid thereby but shall be construed and applied in accordance with such conditions and provisions as would have applied had such policy, rider, or endorsement been in full compliance with parts 1 through 3, provided the policy is otherwise valid. This section may not be construed to prohibit any such insurance policy, rider, or endorsements from containing standard and customary exclusions of coverages that the department of administration considers reasonable and prudent upon considering the availability and the cost of such insurance coverages.
Mont. Code Ann. § 2-15-1021 — MT Code / Title 2 / Chapter 15 / Part 10 / Section 2-15-1021
2-15-1021 Information technology board -- membership -- qualifications -- vacancies -- compensation
Status: in_force

2-15-1021 . Information technology board -- membership -- qualifications -- vacancies -- compensation. (1) There is an information technology board. The board consists of 18 members who are appointed as follows:

(a) the chief information officer provided for in 2-17-511 or a designee, who serves as presiding officer of the board;

(b) the director of the department of administration or a designee;

(c) the director of the office of budget and program planning or a designee;

(d) three members who are directors of state agencies and who are appointed by the governor, or their designees;

(e) two members representing local government, appointed by the governor;

(f) one member representing the public service commission, appointed by the public service commission;

(g) one member representing the private sector, appointed by the governor;

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

(i) one member of the senate, appointed by the president of the senate;

(j) one member representing the legislative branch, appointed by the legislative branch information technology planning council;

(k) one member representing the judicial branch, appointed by the chief justice of the supreme court;

(l) one member representing K-12 education, appointed by the superintendent of public instruction;

(m) the attorney general or a designee;

(n) the secretary of state or a designee; and

(o) the state auditor or a designee.

(2) Appointments must be made without regard to political affiliation and must be made solely for the wise management of the information technology resources used by the state.

(3) A vacancy occurring on the board must be filled by the appointing authority in the same manner as the original appointment.

(4) The board shall function in an advisory capacity as defined in 2-15-102 .

(5) Members of the board must be reimbursed and compensated in the same manner as members of quasi-judicial boards under 2-15-124 (7), except that legislative members are reimbursed and compensated as provided in 5-2-302 .
Mont. Code Ann. § 2-17-812 — MT Code / Title 2 / Chapter 17 / Part 8 / Section 2-17-812
2-17-812 Inventory of improvements
Status: in_force

2-17-812 . Inventory of improvements . (1) The department of administration shall maintain an inventory of commemorative displays, statues, artwork, plaques, and other improvements upon the grounds of the capitol complex, including the executive residence and the original governor's mansion.

(2) The Montana historical society shall maintain an inventory of all publicly held commemorative displays, statues, artwork, and plaques in the capitol complex.

(3) Each agency shall make the agency's inventory available to the council.
Mont. Code Ann. § 2-4-411 — MT Code / Title 2 / Chapter 4 / Part 4 / Section 2-4-411
2-4-411 Report
Status: in_force

2-4-411 . Report. Subject to 2-4-112 , the committee may recommend amendments to the Montana Administrative Procedure Act or the repeal, amendment, or adoption of a rule as provided in 2-4-412 and make other recommendations and reports as it considers advisable.
Mont. Code Ann. § 2-2-102 — MT Code / Title 2 / Chapter 2 / Part 1 / Section 2-2-102
2-2-102 Definitions
Status: in_force

2-2-102 . Definitions. As used in this part, the following definitions apply:

(1) "Business" includes a corporation, partnership, sole proprietorship, trust or foundation, or any other individual or organization carrying on a business, whether or not operated for profit.

(2) "Compensation" means any money or economic benefit conferred on or received by any person in return for services rendered or to be rendered by the person or another.

(3) (a) "Gift of substantial value" means a gift with a value of $100 or more for an individual.

(b) The term does not include:

(i) a gift that is not used and that, within 30 days after receipt, is returned to the donor or delivered to a charitable organization or the state and that is not claimed as a charitable contribution for federal income tax purposes;

(ii) food and beverages consumed on the occasion when participation in a charitable, civic, or community event bears a relationship to the public officer's or public employee's office or employment or when the officer or employee is in attendance in an official capacity;

(iii) educational material directly related to official governmental duties;

(iv) an award publicly presented in recognition of public service; or

(v) educational activity that:

(A) does not place or appear to place the recipient under obligation;

(B) clearly serves the public good; and

(C) is not lavish or extravagant.

(4) "Judicial officer" includes all judicial officers, justices, district court judges, and judges of the judicial branch of state government.

(5) (a) "Local government" means a county, a consolidated government, an incorporated city or town, a school district, or a special district.

(b) The term does not include a district court or an entity under the control of the judicial branch of state government.

(6) "Official act" or "official action" means a vote, decision, recommendation, approval, disapproval, or other action, including inaction, that involves the use of discretionary authority.

(7) "Private interest" means an interest held by an individual that is:

(a) an ownership interest in a business;

(b) a creditor interest in an insolvent business;

(c) an employment or prospective employment for which negotiations have begun;

(d) an ownership interest in real property;

(e) a loan or other debtor interest; or

(f) a directorship or officership in a business.

(8) "Public employee" means:

(a) any temporary or permanent employee of the state, including an employee of the judicial branch;

(b) any temporary or permanent employee of a local government;

(c) a member of a quasi-judicial board or commission or of a board, commission, or committee with rulemaking authority; and

(d) a person under contract to the state.

(9) "Public information" has the meaning provided in 2-6-1002 .

(10) (a) "Public officer" includes any state officer and any elected officer of a local government.

(b) For the purposes of 67-11-104 , the term also includes a commissioner of an airport authority.

(11) "Special district" means a unit of local government, authorized by law to perform a single function or a limited number of functions. The term includes but is not limited to conservation districts, water districts, weed management districts, irrigation districts, fire districts, community college districts, hospital districts, sewer districts, and transportation districts. The term also includes any district or other entity formed by interlocal agreement.

(12) (a) "State agency" includes:

(i) the state;

(ii) the legislature and its committees;

(iii) all executive departments, boards, commissions, committees, bureaus, and offices;

(iv) the university system; and

(v) all independent commissions and other establishments of the state government.

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

(13) "State letterhead" means an electronic or written document that contains the great seal of the state provided for in 1-1-501 or purports to be a document from the state, a state agency, or a local government.

(14) "State officer" includes all elected officers and directors of the executive branch of state government as defined in 2-15-102 and all judicial officers, justices, district court judges, and judges of the judicial branch of state government.
Mont. Code Ann. § 2-18-617 — MT Code / Title 2 / Chapter 18 / Part 6 / Section 2-18-617
2-18-617 Accumulation of leave -- cash for unused -- transfer
Status: in_force

2-18-617 . Accumulation of leave -- cash for unused -- transfer. (1) (a) Except as provided in subsection (1)(b), annual vacation leave may be accumulated to a total not to exceed two times the maximum number of days earned annually as of the end of the first pay period of the next calendar year. Excess vacation time is not forfeited if taken within 90 calendar days from the last day of the calendar year in which the excess was accrued.

(b) It is the responsibility of the head of an employing agency to provide reasonable opportunity for an employee to use rather than forfeit accumulated vacation leave. If an employee makes a reasonable written request to use excess vacation leave before the excess vacation leave must be forfeited under subsection (1)(a) and the employing agency denies the request, the excess vacation leave is not forfeited and the employing agency shall ensure that the employee may use the excess vacation leave before the end of the calendar year in which the leave would have been forfeited under subsection (1)(a).

(2) (a) An employee who terminates employment for a reason not reflecting discredit on the employee and who has worked the qualifying period set forth in 2-18-611 is entitled upon the date of termination to either:

(i) cash compensation for unused vacation leave if the employee is not subject to subsection (2)(a)(ii); or

(ii) conversion of the employee's unused vacation leave balance to an employer contribution to an employee welfare benefit plan health care expense trust account established pursuant to 2-18-1304 if:

(A) the employee is a member who belongs to a voluntary employees' beneficiary association established under 2-18-1310 ; and

(B) the contracting employer has entered into an agreement with members of the common association for an employer contribution based on unused vacation leave provided for in 2-18-611 .

(b) Vacation leave contributed to the sick leave fund, provided for in 2-18-618 , is nonrefundable and is not eligible for cash compensation upon termination.

(3) If an employee transfers between agencies of the same jurisdiction, cash compensation may not be paid for unused vacation leave. In a transfer, the receiving agency assumes the liability for the accrued vacation credits transferred with the employee.

(4) An employee may contribute accumulated vacation leave to a nonrefundable sick leave fund provided for in 2-18-618 . The department of administration shall, in consultation with the state employee group benefits advisory council, provided for in 2-15-1016 , adopt rules to implement this subsection.

(5) This section does not prohibit a school district from providing cash compensation for unused vacation leave in lieu of the accumulation of the leave, either through a collective bargaining agreement or, in the absence of a collective bargaining agreement, through a policy.
Mont. Code Ann. § 2-18-201 — MT Code / Title 2 / Chapter 18 / Part 2 / Section 2-18-201
2-18-201 Implementation and maintenance of broadband classification plan
Status: in_force

2-18-201 . Implementation and maintenance of broadband classification plan. (1) The department shall implement and maintain a broadband classification plan for all state positions in state service except those exempt in 2-18-103 and 2-18-104 .

(2) The legislative council shall in a like manner implement and maintain a broadband classification plan for employees of the legislative branch, other than those of the office of consumer counsel.
Mont. Code Ann. § 2-15-1301 — MT Code / Title 2 / Chapter 15 / Part 13 / Section 2-15-1301
2-15-1301 Department of revenue -- head
Status: in_force

2-15-1301 . Department of revenue -- head. There is a department of revenue. The department head is the director of revenue.
Mont. Code Ann. § 2-1-212 — MT Code / Title 2 / Chapter 1 / Part 2 / Section 2-1-212
2-1-212 Acceptance of concurrent jurisdiction over veterans center
Status: in_force

2-1-212 . Acceptance of concurrent jurisdiction over veterans center. The state of Montana hereby accepts the cession of concurrent jurisdiction with the United States over the real property comprising the veterans center, Fort Harrison, Montana, as ceded by Public Law 91-45, 88 Stat. 48, which was approved July 19, 1969, and made effective upon acceptance of the cession by the state of Montana.
Mont. Code Ann. § 2-7-508 — MT Code / Title 2 / Chapter 7 / Part 5 / Section 2-7-508
2-7-508 Power to examine books and papers
Status: in_force

2-7-508 . Power to examine books and papers. The independent auditor may examine any books, papers, accounts, and documents in the office or possession of any local government entity.
Mont. Code Ann. § 2-9-501 — MT Code / Title 2 / Chapter 9 / Part 5 / Section 2-9-501
2-9-501 Application -- bonds excepted
Status: in_force

2-9-501 . Application -- bonds excepted. The provisions of this part apply to the official bond of any executor, administrator, or guardian or to the bond or undertaking of any person when by law a bond or undertaking is required, except county, town, or township officers and state officers and employees.
Mont. Code Ann. § 2-1-303 — MT Code / Title 2 / Chapter 1 / Part 3 / Section 2-1-303
2-1-303 Date of assumption of jurisdiction -- application of state law in Indian country
Status: in_force

2-1-303 . Date of assumption of jurisdiction -- application of state law in Indian country. Sixty days from the date of issuance of the proclamation of the governor as provided for by 2-1-302 , the state of Montana shall assume jurisdiction over offenses committed by or against Indians in the lands prescribed in the proclamation to the same extent that this state has jurisdiction over offenses committed elsewhere within this state. The criminal and/or civil laws of this state shall have the same force and effect within such lands as they have elsewhere within this state.
Mont. Code Ann. § 2-15-136 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-136
2-15-136 References
Status: in_force

2-15-136 . References. Unless inconsistent with this chapter, if an agency is abolished or if a function of an agency is transferred to another agency, references to the abolished agency or to the agency whose functions were transferred in any law, contract, or other document shall apply to the agency which succeeds to the functions which were transferred.
Mont. Code Ann. § 2-15-3404 — MT Code / Title 2 / Chapter 15 / Part 34 / Section 2-15-3404
2-15-3404 Fish, wildlife, and parks crimestoppers board
Status: in_force

2-15-3404 . Fish, wildlife, and parks crimestoppers board. (1) There is a fish, wildlife, and parks crimestoppers board.

(2) (a) The board consists of five members, four of whom are appointed by the director of the department of fish, wildlife, and parks as follows:

(i) a person within the department responsible for the enforcement of fish and wildlife laws;

(ii) a member of a hunter's, angler's, or conservation group;

(iii) a member who is actively engaged in agricultural production; and

(iv) a member of the public with an interest in parks and recreation.

(b) The fifth member is a member of the fish and wildlife commission who must be designated by the commission.

(3) The board shall elect a presiding officer from its members.

(4) A member must be appointed for a term of 2 years and may be reappointed.

(5) (a) A vacancy must be filled within 14 days of occurrence in the same manner as the original appointment.

(b) A vacancy does not impair the right of the remaining members to exercise the powers of the board.

(6) The board is allocated to the department of fish, wildlife, and parks for administrative purposes only as provided in 2-15-121 .
Mont. Code Ann. § 2-5-102 — MT Code / Title 2 / Chapter 5 / Part 1 / Section 2-5-102
2-5-102 Purpose
Status: in_force

2-5-102 . Purpose. The purpose of this part is to establish a framework for the conduct of negotiated rulemaking consistent with the Montana Administrative Procedure Act and the constitutional right of Montanans to participate in the operation of governmental agencies and to encourage agencies to use negotiated rulemaking when it enhances the rulemaking process. As authorized by 2-4-304 , it is the intent of the legislature that state agencies, whenever appropriate, use the negotiated rulemaking process to resolve controversial issues prior to the commencement of the formal rulemaking process. However, negotiated rulemaking is not a substitute for the public notification and participation requirements of the Montana Administrative Procedure Act, and a consensus agreement by a negotiated rulemaking committee may be modified by an agency as a result of the subsequent rulemaking process. This part may not be construed as an attempt to limit innovation and experimentation with the negotiated rulemaking process.
Mont. Code Ann. § 2-16-203 — MT Code / Title 2 / Chapter 16 / Part 2 / Section 2-16-203
2-16-203 Manner of appointments
Status: in_force

2-16-203 . Manner of appointments. Every officer, the mode of whose appointment is not prescribed by the constitution or statutes, must be appointed by the governor by and with the advice and consent of the senate.
Mont. Code Ann. § 2-3-105 — MT Code / Title 2 / Chapter 3 / Part 1 / Section 2-3-105
2-3-105 Supplemental notice by radio or television
Status: in_force

2-3-105 . Supplemental notice by radio or television. (1) An official of the state or any of its political subdivisions who is required by law to publish a notice required by law may supplement the publication by a radio or television broadcast of a summary of the notice or by both when in the official's judgment the public interest will be served.

(2) The summary of the notice must be read without a reference to any person by name who is then a candidate for political office.

(3) The announcements may be made only by duly employed personnel of the station from which the broadcast emanates.

(4) Announcements by political subdivisions may be made only by stations situated within the county of origin of the legal notice unless a broadcast station does not exist in that county, in which case announcements may be made by a station or stations situated in any county other than the county of origin of the legal notice.
Mont. Code Ann. § 2-12-102 — MT Code / Title 2 / Chapter 12 / Part 1 / Section 2-12-102
2-12-102 Declaration of policy and purpose
Status: in_force

2-12-102 . Declaration of policy and purpose. (1) It is the public policy of this state to provide for an annual planning process for state government that results in the development of initiatives and performance measures for each department's divisions to facilitate efficient, transparent, accountable, and responsive government service.

(2) The purpose of this part is to ensure the development of executive branch annual plans to provide transparency to policymakers, stakeholders, and the public with regard to departments' initiatives. The annual plans will be guided and evaluated by performance measures designed to assess how well each department has performed with respect to its initiatives.
Mont. Code Ann. § 2-9-303 — MT Code / Title 2 / Chapter 9 / Part 3 / Section 2-9-303
2-9-303 Compromise or settlement of claim against state
Status: in_force

2-9-303 . Compromise or settlement of claim against state. (1) (a) The department of administration may compromise and settle any claim allowed by parts 1 through 3 of this chapter, subject to the terms of insurance, if any. A settlement from the self-insurance reserve fund or deductible reserve fund exceeding $10,000 must be approved by the district court of the first judicial district except when suit has been filed in another judicial district, in which case the presiding judge shall approve the compromise settlement.

(b) All records related to a compromise or settlement of a claim against the state must be retained for a period of 20 years.

(2) (a) All terms, conditions, and details of the governmental portion of a compromise or settlement agreement entered into or approved pursuant to subsection (1) are public records available for public inspection unless a right of individual privacy clearly exceeds the merits of public disclosure.

(b) Unless the state or its entities pay nothing to resolve a claim, the compromise or settlement agreement must include a description of the alleged acts, omissions, or other basis of liability at issue.

(3) An employee who is a party to a compromise or settlement entered into or approved pursuant to subsection (1) may waive the right of individual privacy and allow the state to release all records or details of the compromise or settlement, such as personnel records, that pertain to the employee personally and that would otherwise be protected by the right of individual privacy subject to the merits of public disclosure.
Mont. Code Ann. § 2-15-1516 — MT Code / Title 2 / Chapter 15 / Part 15 / Section 2-15-1516
2-15-1516 Fertilizer advisory committee
Status: in_force

2-15-1516 . Fertilizer advisory committee. (1) There is a fertilizer advisory committee.

(2) The committee is composed of seven members, appointed jointly by the director of the Montana agricultural experiment station and the director of the Montana cooperative extension service of Montana state university-Bozeman, as follows:

(a) five members involved in agriculture that includes the use of fertilizer in production; and

(b) two members from the fertilizer industry.

(3) The director of the department of agriculture shall serve as an ex officio member.

(4) The members shall serve staggered 5-year terms, except that members shall be initially appointed so that no more than two terms expire in any year.
Mont. Code Ann. § 2-2-204 — MT Code / Title 2 / Chapter 2 / Part 2 / Section 2-2-204
2-2-204 Dealings in warrants and other claims prohibited
Status: in_force

2-2-204 . Dealings in warrants and other claims prohibited. The state officers, the several county, city, town, and township officers of this state, their deputies and clerks, are prohibited from purchasing or selling or in any manner receiving to their own use or benefit or to the use or benefit of any person or persons whatever any state, county, or city warrants, scrip, orders, demands, claims, or other evidences of indebtedness against the state or any county, city, town, or township thereof except evidences of indebtedness issued to or held by them for services rendered as such officer, deputy, clerk, and evidences of the funded indebtedness of such state, county, city, township, town, or corporation.
Mont. Code Ann. § 2-7-501 — MT Code / Title 2 / Chapter 7 / Part 5 / Section 2-7-501
2-7-501 Definitions
Status: in_force

2-7-501 . Definitions. Unless the context requires otherwise, in this part, the following definitions apply:

(1) "Audit" means a financial audit and includes financial statement and financial-related audits as defined by government auditing standards as established by the U.S. comptroller general.

(2) "Board" means the Montana board of public accountants provided for in 2-15-1756 .

(3) "Department" means the department of administration.

(4) (a) "Financial assistance" means assistance provided by a federal, state, or local government entity to a local government entity or subrecipient to carry out a program. Financial assistance may be in the form of grants, contracts, cooperative agreements, loans, loan guarantees, property, interest subsidies, insurance, direct appropriations, or other noncash assistance. Financial assistance includes awards received directly from federal and state agencies or indirectly when subrecipients receive funds identified as federal or state funds by recipients. The granting agency is responsible for identifying the source of funds awarded to recipients. The recipient is responsible for identifying the source of funds awarded to subrecipients.

(b) Financial assistance does not include direct federal, state, or local government cash assistance to individuals.

(5) "Financial report" means a presentation of financial statements, including applicable supplemental notes and supplemental schedules, that are prepared in a format published by the department using the Budgetary Accounting and Reporting System for Montana Cities, Towns, and Counties Manual and that reflect a current financial position and the operating results for the 1-year reporting period.

(6) "Independent auditor" means:

(a) a federal, state, or local government auditor who meets the standards specified in the government auditing standards; or

(b) a certified public accountant who meets the standards in subsection (6)(a).

(7) (a) "Local government entity" means a county, city, district, or public corporation that:

(i) has the power to raise revenue or receive, disburse, or expend local, state, or federal government revenue for the purpose of serving the general public;

(ii) is governed by a board, commission, or individual elected or appointed by the public or representatives of the public; and

(iii) receives local, state, or federal financial assistance.

(b) Local government entities include but are not limited to:

(i) airport authority districts;

(ii) cemetery districts;

(iii) counties;

(iv) county housing authorities;

(v) county road improvement districts;

(vi) county sewer districts;

(vii) county water districts;

(viii) county weed management districts;

(ix) drainage districts;

(x) fire companies;

(xi) fire districts;

(xii) fire service areas;

(xiii) hospital districts;

(xiv) incorporated cities or towns;

(xv) irrigation districts;

(xvi) mosquito districts;

(xvii) municipal fire departments;

(xviii) municipal housing authority districts;

(xix) port authorities;

(xx) solid waste management districts;

(xxi) rural improvement districts;

(xxii) school districts, including a district's extracurricular funds;

(xxiii) soil conservation districts;

(xxiv) special education or other cooperatives;

(xxv) television districts;

(xxvi) urban transportation districts;

(xxvii) water conservancy districts;

(xxviii) regional resource authorities; and

(xxix) other miscellaneous and special districts.

(8) "Revenues" means all receipts of a local government entity from any source excluding the proceeds from bond issuances.
Mont. Code Ann. § 2-18-1304 — MT Code / Title 2 / Chapter 18 / Part 13 / Section 2-18-1304
2-18-1304 Statewide employee welfare benefit plan established -- health care expense trust accounts -- investment of funds -- account access -- administrative expenses
Status: in_force

2-18-1304 . Statewide employee welfare benefit plan established -- health care expense trust accounts -- investment of funds -- account access -- administrative expenses. (1) The department shall establish, through contracted services, a plan under a tax-exempt entity that qualifies as a voluntary employees' beneficiary association trust pursuant to section 501(c)(9) of the Internal Revenue Code, 26 U.S.C. 501(c)(9). The plan must provide participants with individual health care expense trust accounts to pay qualified health care expenses.

(2) The department shall determine what investment vehicles will be offered to plan participants. Each plan participant is entitled to direct the investment of funds in the participant's account among the investment vehicles offered. The department shall provide for a default investment vehicle if a participant fails to direct how funds are to be invested.

(3) At any time after a participant's account has been established, the participant may access funds in the account in a manner prescribed by the department. The funds may be accessed only for the payment of qualified health care expenses and until the funds have been exhausted.

(4) Administrative expenses must be paid by the plan in a manner prescribed by the department.
Mont. Code Ann. § 2-15-2217 — MT Code / Title 2 / Chapter 15 / Part 22 / Section 2-15-2217
2-15-2217 Traumatic brain injury advisory council
Status: in_force

2-15-2217 . Traumatic brain injury advisory council. (1) There is a traumatic brain injury advisory council attached to the department of public health and human services for administrative purposes only as prescribed in 2-15-121 .

(2) The council is composed of the following members:

(a) the director of the department of public health and human services or a designee;

(b) the superintendent of public instruction or a designee;

(c) a representative of a program that provides senior and long-term care services appointed by the director of the department of public health and human services;

(d) six members of the public, appointed by the governor, who represent:

(i) survivors of traumatic brain injury or family members of survivors of traumatic brain injury;

(ii) injury control or prevention programs; and

(iii) advocates for brain-injured persons.

(3) The public members of the advisory council shall serve 3-year terms. The initial appointments may specify a shorter length of the initial term in order to stagger the terms. Vacancies must be filled for the balance of an unexpired term. A member of the council may be reappointed.

(4) The advisory council shall meet quarterly, and the director of the department of public health and human services or a designee shall serve as presiding officer.

(5) The public members of the council shall serve without compensation but may be reimbursed as provided in 2-18-501 through 2-18-503 , subject to available funding.

(6) The advisory council shall:

(a) advise and make recommendations to the department of public health and human services and other state agencies on ways to improve and develop services regarding traumatic brain injury, including coordination of services between public and private entities;

(b) encourage citizen participation through the establishment of public hearings and other types of community outreach and prevention activities;

(c) encourage and stimulate research, public awareness, education, and prevention activities; and

(d) advise the department of public health and human services on the expenditures of the traumatic brain injury account established in 2-15-2218 and any grants made from that account.
Mont. Code Ann. § 2-3-212 — MT Code / Title 2 / Chapter 3 / Part 2 / Section 2-3-212
2-3-212 Minutes of meetings -- public inspection
Status: in_force

2-3-212 . Minutes of meetings -- public inspection. (1) Appropriate minutes of all meetings required by 2-3-203 to be open must be kept and must be available for inspection by the public. If an audio recording of a meeting is made and designated as official, the recording constitutes the official record of the meeting. If an official recording is made, a written record of the meeting must also be made and must include the information specified in subsection (2).

(2) Minutes must include without limitation:

(a) the date, time, and place of the meeting;

(b) a list of the individual members of the public body, agency, or organization who were in attendance;

(c) the substance of all matters proposed, discussed, or decided; and

(d) at the request of any member, a record of votes by individual members for any votes taken.

(3) If the minutes are recorded and designated as the official record, a log or time stamp for each main agenda item is required for the purpose of providing assistance to the public in accessing that portion of the meeting.

(4) Any time a presiding officer closes a public meeting pursuant to 2-3-203 , the presiding officer shall ensure that minutes taken in compliance with subsection (2) are kept of the closed portion of the meeting. The minutes from the closed portion of the meeting may not be made available for inspection except pursuant to a court order.
Mont. Code Ann. § 2-9-524 — MT Code / Title 2 / Chapter 9 / Part 5 / Section 2-9-524
2-9-524 Amount of new bond -- failure to file
Status: in_force

2-9-524 . Amount of new bond -- failure to file. (1) Whenever a statement is filed or filed and served as provided in this part, the proper authority shall prescribe the penalty or amount in which a new or additional bond or undertaking must be filed unless already provided by statute. If an order is not made, the new or additional bond or undertaking must be executed for the same amount as the original.

(2) If an officer or person fails to file a new or additional bond or undertaking within 20 days from the date of personal service or within 40 days from the date of the first publication or posting of notice as provided in this part, the office or appointment of the person or officer becomes vacant and the officer or person forfeits the office or appointment. The office or position must be filled as in other cases of vacancy and in the manner provided by law.

(3) The person applying to be released from liability on the bond or undertaking may not be held liable on the bond after the date provided for vacating and forfeiting of the office or appointment.
Mont. Code Ann. § 2-15-502 — MT Code / Title 2 / Chapter 15 / Part 5 / Section 2-15-502
2-15-502 Qualification of assistants
Status: in_force

2-15-502 . Qualification of assistants. Each assistant attorney general must be duly licensed to practice law in the state of Montana at the time of appointment.
Mont. Code Ann. § 2-17-102 — MT Code / Title 2 / Chapter 17 / Part 1 / Section 2-17-102
2-17-102 Warehouses
Status: in_force

2-17-102 . Warehouses. The department of administration may maintain, rent, lease, or construct warehouses.
Mont. Code Ann. § 2-15-1202 — MT Code / Title 2 / Chapter 15 / Part 12 / Section 2-15-1202
2-15-1202 Adjutant general -- qualifications -- salary
Status: in_force

2-15-1202 . Adjutant general -- qualifications -- salary. (1) The adjutant general must:

(a) have the rank of major general;

(b) be selected from the active list of the national guard of this state;

(c) be federally recognized in the rank of lieutenant colonel or higher, immediately preceding appointment;

(d) have at least 10 years of service as an officer of the active national guard of this state during the 15 years immediately preceding appointment.

(2) A salary may not be paid to the adjutant general by the state when the adjutant general is on extended active duty in federal service or is receiving pay as a civilian employee of the federal government.

(3) If, by reason of call or draft of officers of the Montana national guard into federal service, there is no officer having the qualifications set forth in this section for adjutant general, then any officer of the national guard may be appointed as acting adjutant general.
Mont. Code Ann. § 2-17-816 — MT Code / Title 2 / Chapter 17 / Part 8 / Section 2-17-816
2-17-816 Parking citations within capitol complex
Status: in_force

2-17-816 . Parking citations within capitol complex. The director of the department of administration may enter into an agreement with the city of Helena, Montana, to authorize capitol security guards employed by the department to issue citations for parking violations as defined by state or municipal laws that occur within the boundaries of the capitol complex or on streets or alleys contiguous to the capitol complex. All citations must be considered within the jurisdiction of the city of Helena, Montana, and must be handled in the same manner as citations issued by peace officers of the city.
Mont. Code Ann. § 2-4-104 — MT Code / Title 2 / Chapter 4 / Part 1 / Section 2-4-104
2-4-104 Subpoenas and enforcement -- compelling testimony
Status: in_force

2-4-104 . Subpoenas and enforcement -- compelling testimony. (1) An agency conducting any proceeding subject to this chapter may require the furnishing of information, the attendance of witnesses, and the production of books, records, papers, documents, and other objects that may be necessary and proper for the purposes of the proceeding. In furtherance of this power, an agency upon its own motion may and, upon request of any party appearing in a contested case, shall issue subpoenas for witnesses or subpoenas duces tecum. The method for service of subpoenas, witness fees, and mileage must be the same as required in civil actions in the district courts of the state. Except as otherwise provided by statute, witness fees and mileage must be paid by the party at whose request the subpoena was issued.

(2) In case of disobedience of any subpoena issued and served under this section or of the refusal of any witness to testify as to any material matter with regard to which the witness may be interrogated in a proceeding before the agency, the agency may apply to any district court in the state for an order to compel compliance with the subpoena or the giving of testimony. If the agency fails or refuses to seek enforcement of a subpoena issued at the request of a party or to compel the giving of testimony considered material by a party, the party may make an application to the district court. The court shall hear the matter as expeditiously as possible. If the disobedience or refusal is found to be unjustified, the court shall enter an order requiring compliance. Disobedience of the order must be punishable by contempt of court in the same manner and by the same procedures as is provided for similar conduct committed in the course of civil actions in district courts. If another method of subpoena enforcement or compelling testimony is provided by statute, it may be used as an alternative to the method provided for in this section.
Mont. Code Ann. § 2-18-202 — MT Code / Title 2 / Chapter 18 / Part 2 / Section 2-18-202
2-18-202 Identification of occupations
Status: in_force

2-18-202 . Identification of occupations. In providing for the broadband classification plan, the department shall group all positions in state service into defined occupations based on similarity of work performed, responsibilities assumed, difficulty of work, required knowledge, and required skills.
Mont. Code Ann. § 2-1-305 — MT Code / Title 2 / Chapter 1 / Part 3 / Section 2-1-305
2-1-305 Indian culture protected
Status: in_force

2-1-305 . Indian culture protected. Nothing in this part shall deprive the Indian tribe, band, or community from carrying on its age-old tribal dances, feasting, or customary Indian celebrations or in any way try to destroy the Indian culture.
Mont. Code Ann. § 2-18-1201 — MT Code / Title 2 / Chapter 18 / Part 12 / Section 2-18-1201
2-18-1201 Short title
Status: in_force

2-18-1201 . Short title. This part may be cited as the "State Employee Protection Act".
Mont. Code Ann. § 2-1-210 — MT Code / Title 2 / Chapter 1 / Part 2 / Section 2-1-210
2-1-210 Consent to purchase of lands by United States for national forest purposes -- jurisdiction
Status: reserved

2-1-210 . Consent to purchase of lands by United States for national forest purposes -- jurisdiction. (1) For the purpose of more effectively cooperating with the United States in the consolidating and rounding out of national forests in accordance with land use plans and to facilitate the placing of forest lands other than national forest but which are integral with national forest lands under stable protection and administration to the end of public benefit and to help landowners, including the counties of the state in their discretion, to dispose of such of their lands as may be needed for national forest purposes, consent of the state of Montana is hereby given to the purchase by the United States of such lands in the state of Montana as in the opinion of the secretary of agriculture are needed for the purposes contemplated in section 6 of the act of congress approved March 1, 1911, commonly known as and called the Weeks law, and/or section 6 of the act of congress approved June 7, 1924, commonly known as the Clarke-McNary law, and/or any other provisions of any act of congress authorizing the purchase of land for national forest purposes.

(2) The jurisdiction of the state of Montana, both civil and criminal, over persons upon areas acquired under this section shall not be affected or changed by reason of their acquisition and administration by the United States, except so far as the punishment of offenses against the United States is concerned.

(3) The state shall have the same jurisdiction in respect to such lands as it has in respect to other national forest lands within the state.

(4) All property rights, easements, and benefits retained by or reserved to owners of lands purchased by the United States shall be subject to the tax laws of the state.
Mont. Code Ann. § 2-16-506 — MT Code / Title 2 / Chapter 16 / Part 5 / Section 2-16-506
2-16-506 Filling vacancies -- recess appointments
Status: in_force

2-16-506 . Filling vacancies -- recess appointments. (1) When any office becomes vacant and no mode is provided by law for filling the vacancy, the governor shall fill the vacancy by appointing a qualified person to fill the unexpired term of the person whose office became vacant.

(2) If the legislature or one house of the legislature must confirm an appointment of a person appointed by the governor to fill a vacancy, the governor may appoint the person to assume office before the legislature meets in its next regular session to consider the appointment. A person so appointed is vested with all the functions of the office upon assuming the office and is a de jure officer, notwithstanding the fact that the legislature has not yet confirmed the appointment. If the legislature does not confirm the appointment, the governor shall make a new appointment to fill the unexpired term.
Mont. Code Ann. § 2-15-236 — MT Code / Title 2 / Chapter 15 / Part 2 / Section 2-15-236
2-15-236 Treasure state living cultural treasures program
Status: in_force

2-15-236 . Treasure state living cultural treasures program. There is a treasure state living cultural treasures program to honor Montanans who are dedicated to preserving and passing on the traditional skills and knowledge found in Montana and whose work exemplifies Montana's culture in all of its varieties. The names of the honorees will be made available to educators, community groups, and other interested persons as a resource for information and education. A speakers' bureau registry of honorees will be created and maintained by the governor's office.
Mont. Code Ann. § 2-18-511 — MT Code / Title 2 / Chapter 18 / Part 5 / Section 2-18-511
2-18-511 Claim for expenses
Status: in_force

2-18-511 . Claim for expenses. Every such person so engaged shall periodically submit a claim containing a schedule of expenses and amounts claimed for said period. Said schedule shall show in what capacity such person was engaged each day while away from the department in which said daily duties arose and shall show expense items of each day in detail, such as the amount of per diem allowance claimed, transportation fare, mileage, and other such items.
Mont. Code Ann. § 2-18-1106 — MT Code / Title 2 / Chapter 18 / Part 11 / Section 2-18-1106
2-18-1106 Agency head to grant award -- amount and source of award
Status: in_force

2-18-1106 . Agency head to grant award -- amount and source of award. (1) An agency head may grant an incentive award to an employee, a group or team of employees, or a nonemployee who has made a significant contribution to achievements or outcomes in the agency, as enumerated in 2-18-1105 . An employee or a member of a group or team of employees need not be employed by the agency that benefits from the achievement or outcome and whose agency head grants the award in order to be granted an award.

(2) If agency management determines that an idea, innovation, or prototype that has been implemented will result in cost savings or improvements to agency operations, the agency head, at the agency head's discretion, may grant an incentive award of up to $500, up to 40 hours paid leave time, or other nonmonetary recognition.

(3) If an achievement or outcome produces cost savings that can be measured after the savings are actually realized or that can be accurately projected for a period of 12 months following implementation, a larger award may be granted by the agency head. The amount of the award must be determined by the agency head but may not exceed:

(a) 10% of the first $100,000 of cost savings actually realized or accurately projected; plus

(b) 5% of the next $100,000 of cost savings actually realized or accurately projected; plus

(c) 2% of the next $100,000 of cost savings actually realized or accurately projected.

(4) (a) If the award is to be divided between two or more persons, the agency head shall determine the amount each person is to receive.

(b) Each person must be paid in one lump sum no later than 90 days after the end of the 12-month period following implementation of the suggestion. However, an agency head may pay an award at any time that savings can be determined. The agency head shall pay the award from the agency's budget. This award is in addition to the recipient's regular compensation or leave time.

(5) Within 30 days after the end of each fiscal year, each agency shall submit to the department a list of the number of incentive awards granted, to whom each award was granted, the estimated value of each achievement or outcome, and the amount of each award.
Mont. Code Ann. § 2-6-1503 — MT Code / Title 2 / Chapter 6 / Part 15 / Section 2-6-1503
2-6-1503 Notification of breach of security of data system
Status: in_force

2-6-1503 . Notification of breach of security of data system. (1) (a) Upon discovery or notification of a breach of the security of a data system, a state agency that maintains computerized data containing personal information in the data system shall make reasonable efforts to notify any person whose unencrypted personal information was or is reasonably believed to have been acquired by an unauthorized person.

(b) The notification must be made without unreasonable delay, consistent with the legitimate needs of law enforcement as provided in subsection (3) or with any measures necessary to determine the scope of the breach and to restore the reasonable integrity of the data system.

(2) (a) A third party that receives personal information from a state agency and maintains that information in a computerized data system to perform a state agency function shall:

(i) notify the state agency immediately following discovery of the breach if the personal information is reasonably believed to have been acquired by an unauthorized person; and

(ii) make reasonable efforts upon discovery or notification of a breach to notify any person whose unencrypted personal information is reasonably believed to have been acquired by an unauthorized person as part of the breach. This notification must be provided in the same manner as the notification required in subsection (1).

(b) A state agency notified of a breach by a third party has no independent duty to provide notification of the breach if the third party has provided notification of the breach in the manner required by subsection (2)(a) but shall provide notification if the third party fails to do so in a reasonable time and may recover from the third party its reasonable costs for providing the notice.

(3) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation and requests a delay of notification. The notification required by this section must be made after the law enforcement agency determines that the notification will not compromise the investigation.

(4) All state agencies and third parties to whom personal information is disclosed by a state agency shall develop and maintain:

(a) an information security policy designed to safeguard personal information; and

(b) breach notification procedures that provide reasonable notice to individuals as provided in subsections (1) and (2).

(5) A state agency or third party that is required to issue a notification to an individual pursuant to this section shall simultaneously submit to the state's chief information security officer at the department of administration and to the attorney general's consumer protection office an electronic copy of the notification and a statement providing the date and method of distribution of the notification. The electronic copy and statement of notification must exclude any information that identifies the person who is entitled to receive notification. If notification is made to more than one person, a single copy of the notification that includes the number of people who were notified must be submitted to the chief information officer and the consumer protection office.
Mont. Code Ann. § 2-16-601 — MT Code / Title 2 / Chapter 16 / Part 6 / Section 2-16-601
2-16-601 Short title
Status: in_force

2-16-601 . Short title. This part shall be cited as the "Montana Recall Act".
Mont. Code Ann. § 2-18-115 — MT Code / Title 2 / Chapter 18 / Part 1 / Section 2-18-115
2-18-115 Exemption for certain university temporary employees -- "temporary employee" defined
Status: in_force

2-18-115 . Exemption for certain university temporary employees -- "temporary employee" defined. (1) With the exception of 2-18-603 , the requirements of parts 6 and 7 of this chapter do not apply to a temporary employee of the university system.

(2) As used in this section, "temporary employee" means an employee of the university system who is hired into a position that is not permanent and who has negotiated an alternative benefits package through a labor organization certified to represent employees of the university system pursuant to Title 39, chapter 31. The employer contribution to the alternative benefits package may not exceed the cost of the benefits that the employee would otherwise be entitled to through employment.
Mont. Code Ann. § 2-15-122 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-122
2-15-122 Creation of advisory councils
Status: in_force

2-15-122 . Creation of advisory councils. (1) (a) A department head or the governor may create advisory councils.

(b) An agency or an official of the executive branch of state government other than a department head or the governor, including the superintendents of the state's institutions and the presidents of the units of the state's university system, may also create advisory councils but only if federal law or regulation requires that the official or agency create the advisory council as a condition to the receipt of federal funds.

(c) The board of public education, the board of regents of higher education, the state board of education, the attorney general, the state auditor, the secretary of state, and the superintendent of public instruction may create advisory councils, which shall serve at their pleasure, without the approval of the governor. The creating authority shall file a record of each council created by it in the office of the governor and the office of the secretary of state in accordance with subsection (9).

(2) Each advisory council created under this section must be known as the ".... advisory council".

(3) The creating authority shall:

(a) prescribe the composition and advisory functions of each advisory council created;

(b) appoint its members, who shall serve at the pleasure of the creating authority; and

(c) specify a date when the existence of each advisory council ends.

(4) Advisory councils may be created only for the purpose of acting in an advisory capacity, as defined in 2-15-102 .

(5) (a) Unless an advisory council member is a full-time salaried officer or employee of this state or of any political subdivision of this state, the member is entitled to be paid in an amount to be determined by the department head, not to exceed $100 for each day in which the member is actually and necessarily engaged in the performance of council duties and to be reimbursed for travel expenses, as provided for in 2-18-501 through 2-18-503 , incurred while in the performance of council duties.

(b) Members who are full-time salaried officers or employees of this state or of any political subdivision of this state are not entitled to be compensated for their service as members but are entitled to be reimbursed for travel expenses, as provided for in 2-18-501 through 2-18-503 .

(6) Unless otherwise specified by the creating authority, at its first meeting in each year, an advisory council shall elect a presiding officer and other officers that it considers necessary.

(7) Unless otherwise specified by the creating authority, an advisory council shall meet at least annually and shall also meet on the call of the creating authority or the governor and may meet at other times on the call of the presiding officer or a majority of its members. An advisory council may meet anywhere within the state of Montana or by remote means.

(8) A majority of the membership of an advisory council constitutes a quorum to do business.

(9) Except as provided in subsection (1)(c), an advisory council may not be created or appointed by a department head or any other official without the approval of the governor. In order for the creation or approval of the creation of an advisory council to be effective, the governor shall file in the governor's office and in the office of the secretary of state a record of the council created showing:

(a) the council's name, in accordance with subsection (2);

(b) the council's composition;

(c) the appointed members, including names and addresses;

(d) the council's purpose; and

(e) the council's term of existence, in accordance with subsection (10).

(10) An advisory council may not be created to remain in existence longer than 2 years after the date of its creation or beyond the period required to receive federal or private funds, whichever occurs later, unless extended by the appointing authority in the manner set forth in subsection (1). If the existence of an advisory council is extended, the appointing authority shall specify a new date, not more than 2 years later, when the existence of the advisory council ends and file a record of the order in the office of the governor and the office of the secretary of state. The existence of any advisory council may be extended as many times as necessary.

(11) For the purposes of this section, "remote means" includes telephone audio, teleconference, or videoconference.
Mont. Code Ann. § 2-15-1814 — MT Code / Title 2 / Chapter 15 / Part 18 / Section 2-15-1814
2-15-1814 Board of housing -- allocation -- composition -- quasi-judicial
Status: in_force

2-15-1814 . Board of housing -- allocation -- composition -- quasi-judicial. (1) There is a board of housing.

(2) The board consists of seven members appointed by the governor as provided in 2-15-124 . The members must be informed and experienced in housing, economics, or finance.

(3) The board shall elect a presiding officer and other necessary officers.

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

(5) The board is allocated to the department of commerce for administrative purposes only as provided in 2-15-121 .

(6) In compliance with the state pay plan, the department shall provide all staff and services to the board that are determined by the board in conjunction with the department to be necessary for the purposes of carrying out the board's programs. The department shall assess the board for reasonable costs.

(7) A member of the board may not be considered to have a conflict of interest under the provisions of 2-2-201 merely because the member is a stockholder, officer, or employee of a lending institution that may participate in the board's programs.
Mont. Code Ann. § 2-8-303 — MT Code / Title 2 / Chapter 8 / Part 3 / Section 2-8-303
2-8-303 Privatization plan -- contents
Status: in_force

2-8-303 . Privatization plan -- contents. (1) An agency proposing to privatize a program shall prepare a privatization plan that includes the following:

(a) a description of the program to be privatized, including references to the legal authority under which the program was created;

(b) detailed budget information that includes a list of expenditures for the 2 most recent fiscal years and the sources of revenue for the program;

(c) a list of all personnel currently employed in the program and the estimated effect of the proposed privatization on the employment status of each employee affected;

(d) a listing of the assets of the program and their proposed disposition if the plan is implemented;

(e) an estimate of the cost savings or any additional costs resulting from privatizing the program, compared to the costs of the existing, nonprivatized program. Additional costs must include the estimated cost to the state of inspection, supervision, and monitoring of the proposed privatization and the costs incurred in the discontinuation of such a contract.

(f) the estimated current and future economic impacts of the implementation of the plan on other state programs, including public assistance programs, unemployment insurance programs, retirement programs, and agency personal services budgets used to pay out accrued vacation and sick leave benefits;

(g) the estimated increases or decreases in costs and quality of goods or services to the public if the plan is implemented;

(h) the estimated changes in individual wages and benefits resulting from the proposed privatization;

(i) the ways in which the proposed privatization will deliver the same or better services at a lower cost; and

(j) a narrative explanation and justification for the proposed privatization.

(2) To implement the privatization plan, an agency may transfer funds between budget categories.
Mont. Code Ann. § 2-9-314 — MT Code / Title 2 / Chapter 9 / Part 3 / Section 2-9-314
2-9-314 Court approval of attorney fees
Status: in_force

2-9-314 . Court approval of attorney fees. (1) When an attorney represents or acts on behalf of a claimant or any other party on a tort claim against the state or a political subdivision of the state, the attorney shall file with the claim a copy of the contract of employment showing specifically the terms of the fee arrangement between the attorney and the claimant.

(2) The district court may regulate the amount of the attorney fees in any tort claim against the state or a political subdivision of the state. In regulating the amount of the fees, the court shall consider the time the attorney was required to spend on the case, the complexity of the case, and any other relevant matter the court may consider appropriate.

(3) Attorney fees regulated under this section must be made a part of the court record and are open to the public.

(4) If an attorney violates a provision of this section, a rule of court adopted under this section, or an order fixing attorney fees under this section, the attorney forfeits the right to any fees that the attorney may have collected or been entitled to collect.
Mont. Code Ann. § 2-11-104 — MT Code / Title 2 / Chapter 11 / Part 1 / Section 2-11-104
2-11-104 Statement of government authority required
Status: in_force

2-11-104 . Statement of government authority required. (1) When a government entity takes a government act, as defined in 2-11-103 , it shall provide upon request to the applicant a written statement of specific legal authority upon which the action is based. The statement must be provided within 30 days of the written request by the applicant for the written statement of specific legal authority or within 30 days after the government act, whichever occurs last.

(2) The statement must clearly cite the specific statute, rule, ordinance, resolution, or other legal authority for the government act and the specific reason for the government act.
Mont. Code Ann. § 2-17-1202 — MT Code / Title 2 / Chapter 17 / Part 12 / Section 2-17-1202
2-17-1202 Definitions
Status: in_force

2-17-1202 . Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Building" has the meaning given in 18-2-101 .

(2) "Financial institution" means a bank as defined in 32-1-102 or other regulated lender as defined in 31-1-111 (1) and (2).

(3) "Physical branch" means a physical location of a financial institution that accepts deposits from Montana citizens and businesses.

(4) "Public agency" means a department, commission, council, board, bureau, committee, institution, agency, government corporation, or other entity, instrumentality, or official of the legislative, executive, or judicial branch of this state, including the board of regents and the Montana university system.

(5) (a) "State building construction loan" means a loan from a financial institution to a public agency to finance construction of one or more buildings of the public agency, obtained pursuant to the terms and conditions of this part.

(b) The term does not include any bonds, notes or other obligations issued by public agencies, or loans obtained by public agencies, to finance construction of buildings or otherwise, that are sold or obtained pursuant to other provisions of state law.
Mont. Code Ann. § 2-15-3311 — MT Code / Title 2 / Chapter 15 / Part 33 / Section 2-15-3311
2-15-3311 Western Montana conservation commission
Status: in_force

2-15-3311 . (Temporary) Western Montana conservation commission. (1) There is a western Montana conservation commission consisting of 16 voting members. The commission is attached to the department of natural resources and conservation for administrative purposes only, as prescribed in 2-15-121 .

(2) The governor shall appoint nine of the voting members who represent each of the following groups within western Montana:

(a) the hydropower utility industry;

(b) an electric cooperative;

(c) a private landowner who is a member of an irrigation district or a water users' association;

(d) a private citizen at large;

(e) private industry; and

(f) a director, officer, staff person, or member of a natural resource, conservation, or recreation organization, representing each of the following geographic areas:

(i) the Clark Fork river basin upstream from Missoula, including the Blackfoot river basin;

(ii) the Clark Fork river basin downstream from Missoula, including the Bitterroot river basin;

(iii) the Kootenai river basin; and

(iv) the Flathead river basin.

(3) Seven of the voting members shall represent the following groups within western Montana, including:

(a) two county commissioners, nominated and appointed by the Montana association of counties, including:

(i) one from a county with a population greater than 100,000; and

(ii) one from a county with a population less than 100,000;

(b) two conservation district representatives, nominated and appointed by the Montana association of conservation districts;

(c) two representatives of wastewater or storm water utilities, including:

(i) one from a municipality with a population greater than 20,000, nominated and appointed by the Montana league of cities and towns; and

(ii) one from a local water and sewer district, nominated and appointed by the Montana rural water association; and

(d) a representative of the Confederated Salish and Kootenai tribes' natural resource department, nominated and appointed by the Confederated Salish and Kootenai tribes tribal council;

(4) (a) The following officials or entities may appoint nonvoting representatives as follows:

(i) The speaker of the house and the president of the senate may each appoint two nonvoting representatives, one each from the majority party and from the minority party.

(ii) The directors of the department of environmental quality, department of natural resources and conservation, department of fish, wildlife, and parks, department of transportation, and department of commerce may each designate a nonvoting representative to the commission.

(iii) The president of the university of Montana, the director of the Montana bureau of mines and geology, and the Confederated Salish and Kootenai tribes tribal council may each designate a nonvoting representative to the commission.

(iv) The regional administrators of the environmental protection agency, U.S. department of agriculture, U.S. forest service, U.S. department of the interior, U.S. bureau of reclamation, U.S. geological survey, U.S. department of defense, and U.S. army corps of engineers and the administrator of the Bonneville power administration may each designate a nonvoting representative to the commission.

(b) The nonvoting representatives appointed subject to subsections (4)(a)(ii) through (4)(a)(iv) must possess sufficient knowledge and authority with their position to inform natural resource and community development decisions made within the commission's purpose and duties.

(5) The commissioners shall serve without pay. The voting members of the commission are entitled to reimbursement of travel, meals, and lodging expenses while engaged in commission business, as provided in 2-18-501 through 2-18-503 .

(6) Nonvoting commission representatives shall serve at the pleasure of the agency or organization that appoints them and may be removed with or without cause. Voting commission members shall serve staggered 4-year terms beginning July 1, 2023. To implement staggered terms for voting members, the governor may specify a shorter length of term for initial voting members except that:

(a) the Flathead basin commission shall nominate two commissioners to the governor to serve until July 1, 2025, subject to subsections (2)(a) through (2)(f); and

(b) the upper Columbia conservation commission shall nominate two commissioners to the governor to serve until July 1, 2025, subject to subsections (2)(a) through (2)(f).

(7) A majority of the voting members of the commission constitutes a quorum of the commission.

(8) A vacancy on the commission must be filled in the same manner as a regular appointment. The appointed member shall serve for the remainder of the unexpired term.

(9) The commission shall select a presiding officer from among its members. The presiding officer may make motions and vote.

(10) A favorable vote of at least a majority of a quorum of voting members of the commission is required to adopt any commission motion, resolution, or other decision. (Terminates June 30, 2029--sec. 12, Ch. 428, L. 2023.)
Mont. Code Ann. § 2-15-1501 — MT Code / Title 2 / Chapter 15 / Part 15 / Section 2-15-1501
2-15-1501 State board of education
Status: in_force

2-15-1501 . State board of education. The state board of education is created in Article X, section 9, subsection (1) of the Montana constitution and is provided for in Title 20, chapter 2.
Mont. Code Ann. § 2-15-1205 — MT Code / Title 2 / Chapter 15 / Part 12 / Section 2-15-1205
2-15-1205 Board of veterans' affairs -- composition -- quorum -- voting -- compensation -- allocation
Status: in_force

2-15-1205 . Board of veterans' affairs -- composition -- quorum -- voting -- compensation -- allocation. (1) There is a board of veterans' affairs.

(2) (a) The board consists of 14 members. All members must be residents of this state. Six members are voting members, who must be confirmed by the senate, and eight members are nonvoting, ex officio members.

(b) The governor shall appoint 13 members in a manner that provides for staggered terms. The members are:

(i) five regional representatives, who must be voting members and who must have been honorably discharged from service in the military forces of the United States. Each must be appointed to represent a different geographic region of the state and must be a resident of that geographic region. The board shall establish the geographic regions by rule. A member who represents a geographic region and who changes residence to a different geographic region may no longer serve on the board unless appointed as a representative for the new location or as a representative meeting other criteria.

(ii) a representative of the office of state director of Indian affairs, who is a nonvoting member;

(iii) a representative from the department of public health and human services, who is a nonvoting member;

(iv) a representative of the United States department of veterans affairs, who is a nonvoting member;

(v) four members, one representing each house and senate member of Montana's congressional delegation, who are nonvoting members; and

(vi) the director of the department of military affairs, who is a nonvoting member.

(c) The tribal leaders of the eight tribal councils in Montana may appoint one voting member who is affiliated with a Montana tribe and is an honorably discharged veteran. If a tribal member is not appointed by the Montana tribal leaders, the governor shall choose this member by lot from a pool of names submitted by the eight tribal councils in the state, with each tribal council submitting one name.

(3) A vacancy occurring on the board must be filled by the governor, subject to the conditions of subsection (2).

(4) A quorum is three voting members.

(5) A vote resulting in a tie is the same as a negative vote.

(6) Each voting member must receive meals, lodging, and travel expenses as provided for in 2-18-501 through 2-18-503 . Compensation for the legislator who represents the state administration and veterans' affairs interim committee must be paid from the board of veterans' affairs budget.

(7) The board shall meet at least three times a year. Special meetings may be called by the administrator or by a majority of voting members. Meetings may be held at different locations around the state to give local veterans an opportunity to attend. Advance notice of meetings must be provided to all veterans' groups and to any individual who requests notification.

(8) Each voting member may serve for a maximum of two terms. Each term is for 4 years.

(9) A member may be removed by the governor only for incompetence, malfeasance, or neglect of duty.

(10) The board is allocated to the department for administrative purposes only as prescribed in 2-15-121 . However, the board may hire its own personnel, including an administrator. The administrator shall serve as the secretary of the board and may represent the board in communications with the governor and with other state agencies, notwithstanding the provisions of 2-15-121 (3)(a).
Mont. Code Ann. § 2-17-817 — MT Code / Title 2 / Chapter 17 / Part 8 / Section 2-17-817
2-17-817 Highway patrol officers' memorial
Status: in_force

2-17-817 . Highway patrol officers' memorial. (1) The department of administration shall set aside on the capitol grounds an area on the west side of the capitol for a memorial to Montana's slain highway patrol officers. The area must be agreed upon between the Montana highway patrol and the department of administration and must maintain the historical design integrity of the block on which the capitol is located, also known as capitol square.

(2) The memorial must be constructed to consider long-term maintenance efficiency and must be paid for by private donations. The memorial must be maintained with the assistance of private donations as part of the capitol grounds maintenance program provided in 2-17-811 .
Mont. Code Ann. § 2-15-2046 — MT Code / Title 2 / Chapter 15 / Part 20 / Section 2-15-2046
2-15-2046 Administration by department of justice -- rulemaking authority
Status: in_force

2-15-2046 . Administration by department of justice -- rulemaking authority. (1) The department of justice may assess a fee not to exceed 15% of the interest and earnings appropriated to the department from the trust for the purposes of administrating the end of watch trust fund.

(2) The department may adopt rules for the purposes of executing its obligations under 2-15-2040 through 2-15-2045 and 2-15-2047 . This includes but is not limited to rules that create:

(a) a process for distributing payments to applicants approved by the board;

(b) a process through which the board approves or denies applications for payments distributed in accordance with this section;

(c) guidelines for appeal of board decisions;

(d) information security and document retention policies;

(e) board training requirements; and

(f) reporting requirements.
Mont. Code Ann. § 2-15-1742 — MT Code / Title 2 / Chapter 15 / Part 17 / Section 2-15-1742
2-15-1742 Board of veterinary medicine
Status: in_force

2-15-1742 . Board of veterinary medicine. (1) In accordance with 37-1-123 , there is a board of veterinary medicine.

(2) The board consists of seven members:

(a) five veterinarians;

(b) one veterinary technician; and

(c) one public member.

(3) The board is allocated to the department as provided in 2-15-121 .
Mont. Code Ann. § 2-1-605 — MT Code / Title 2 / Chapter 1 / Part 6 / Section 2-1-605
2-1-605 Penalties -- exemptions
Status: in_force

2-1-605 . Penalties -- exemptions. (1) In addition to any other penalties or remedies provided by law and except as provided in subsection (3), a state agency or local government that violates the provisions of 2-1-602 shall be punished by a fine of $10,000 every 5 days that the state agency or local government is not in compliance with the provisions of 2-1-602 .

(2) Except as provided in subsection (3), a local government that is in violation of 2-1-602 may not:

(a) receive new grants awarded under the provisions of Title 90, chapter 6, part 2; or

(b) have projects prioritized or recommended by the department of commerce for infrastructure projects under the provisions of Title 90, chapter 6, part 7.

(3) A state agency or local government may not be penalized under this section if the state or local government comes into compliance with the provisions of this part within 14 days after the filing of an action under 2-1-604 .

(4) A fine collected pursuant to this section must be deposited in the state general fund.
Mont. Code Ann. § 2-8-405 — MT Code / Title 2 / Chapter 8 / Part 4 / Section 2-8-405
2-8-405 Repeal of licensing board or program law -- deposit of fees
Status: repealed

2-8-405 . Repeal of licensing board or program law -- deposit of fees. (1) If the legislature repeals a licensing board or program law, the department of labor and industry may collect only delinquent licensing fees or fines, if provided by law, on behalf of the repealed licensing board or program. Continuing education and other requirements for maintaining a license cease with the effective date of the repeal.

(2) (a) Fees collected on behalf of a board or program that is proposed to be repealed must be deposited in the state special revenue fund for the use of the board or program.

(b) Fees that are not needed for satisfying debt obligations of the board or program may be used by the department to offset the costs to the department of all boards and programs.
Mont. Code Ann. § 2-4-412 — MT Code / Title 2 / Chapter 4 / Part 4 / Section 2-4-412
2-4-412 Legislative review of rules -- effect of failure to object
Status: repealed

2-4-412 . Legislative review of rules -- effect of failure to object. (1) (a) The legislature may, by bill, repeal any rule in the ARM. If a rule is repealed, the legislature shall in the bill state its objections to the repealed rule. If an agency adopts a new rule to replace the repealed rule, the agency shall adopt the new rule in accordance with the objections stated by the legislature in the bill. If the legislature does not repeal a rule filed with it before the adjournment of that regular session, the rule remains valid.

(b) The legislature may, by joint resolution, repeal a rule or amendment to a rule in the ARM that was adopted after final adjournment of the most recent regular legislative session. If an agency adopts a new rule to replace the repealed rule, the agency shall adopt the new rule in accordance with the objections stated by the legislature in the joint resolution. In order to be effective, the joint resolution must be passed during the regular session and not during a special session. After the regular session adjourns, the rule or the amendment to the rule that was adopted during the period between the two regular legislative sessions remains valid and may not be repealed using a joint resolution.

(2) The legislature may also by joint resolution request or advise or by bill direct the adoption, amendment, or repeal of any rule. If a change in a rule or the adoption of an additional rule is advised, requested, or directed to be made, the legislature shall in the joint resolution or bill state the nature of the change or the additional rule to be made and its reasons for the change or addition. The agency shall, in the manner provided in the Montana Administrative Procedure Act, adopt a new rule in accordance with the legislative direction in a bill.

(3) Rules and changes in rules made by agencies under subsection (2) must conform and be pursuant to statutory authority.

(4) Failure of the legislature or the appropriate administrative rule review committee to object in any manner to the adoption, amendment, or repeal of a rule is inadmissible in the courts of this state to prove the validity of any rule.
Mont. Code Ann. § 2-15-412 — MT Code / Title 2 / Chapter 15 / Part 4 / Section 2-15-412
2-15-412 Board of state canvassers
Status: in_force

2-15-412 . Board of state canvassers. The board of state canvassers created in 13-15-502 is allocated to the office of the secretary of state for administrative purposes only as prescribed in 2-15-121 .
Mont. Code Ann. § 2-15-3502 — MT Code / Title 2 / Chapter 15 / Part 35 / Section 2-15-3502
2-15-3502 Board of environmental review
Status: in_force

2-15-3502 . Board of environmental review. (1) There is a board of environmental review.

(2) The board consists of seven members appointed by the governor. The members must be representative of the geographic areas of the state. One member must have expertise or background in hydrology. One member must have expertise or background in local government planning. One member must have expertise or background in one of the environmental sciences. One member must have expertise or background as a county health officer or as a medical doctor.

(3) A vacancy occurring on the board must be filled by the governor in the same manner and from the same representative area as the original appointment.

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

(5) The board is attached to the department of environmental quality for administrative purposes only as provided in 2-15-121 .
Mont. Code Ann. § 2-17-818 — MT Code / Title 2 / Chapter 17 / Part 8 / Section 2-17-818
2-17-818 Joseph P. Mazurek building, memorial, and plaque -- funding
Status: in_force

2-17-818 . Joseph P. Mazurek building, memorial, and plaque -- funding. (1) The justice and state library building located at 215 north Sanders in Helena is named the Joseph P. Mazurek building.

(2) A plaque and memorial commemorating Joseph P. Mazurek may be placed on the capitol complex grounds subject to review by the council according to the criteria in 2-17-804 (2).

(3) Private funds must be used to construct the plaque and memorial and to maintain them for 50 years.
Mont. Code Ann. § 2-9-805 — MT Code / Title 2 / Chapter 9 / Part 8 / Section 2-9-805
2-9-805 Premiums -- charge against budget
Status: in_force

2-9-805 . Premiums -- charge against budget. The premiums for all surety company bonds shall be a proper charge against the budget or budgets of the city or town general fund or against the budget or budgets of those city or town funds where the officer or employee renders service.
Mont. Code Ann. § 2-2-131 — MT Code / Title 2 / Chapter 2 / Part 1 / Section 2-2-131
2-2-131 Disclosure
Status: in_force

2-2-131 . Disclosure. A public officer or public employee shall, prior to acting in a manner that may impinge on public duty, including the award of a permit, contract, or license, disclose the nature of the private interest that creates the conflict. The public officer or public employee shall make the disclosure in writing to the commissioner of political practices, listing the amount of private interest, if any, the purpose and duration of the person's services rendered, if any, and the compensation received for the services or other information that is necessary to describe the interest. If the public officer or public employee then performs the official act involved, the officer or employee shall state for the record the fact and summary nature of the interest disclosed at the time of performing the act.
Mont. Code Ann. § 2-16-211 — MT Code / Title 2 / Chapter 16 / Part 2 / Section 2-16-211
2-16-211 Oaths -- form -- before whom -- when
Status: in_force

2-16-211 . Oaths -- form -- before whom -- when. (1) Members of the legislature and all officers, executive, ministerial, or judicial, must, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support, protect, and defend the constitution of the United States and the constitution of the state of Montana, and that I will discharge the duties of my office with fidelity (so help me God)."

(2) No other oath, declaration, or test must be required as a qualification for any office or public trust.

(3) Except when otherwise provided, the oath may be taken before any officer authorized to administer oaths.
Mont. Code Ann. § 2-7-509 — MT Code / Title 2 / Chapter 7 / Part 5 / Section 2-7-509
2-7-509 Audits of school-related organizations -- costs -- criteria
Status: in_force

2-7-509 . Audits of school-related organizations -- costs -- criteria. (1) The legislative auditor may conduct or have conducted an audit of the records of organizations referred to in 2-3-203 (2).

(2) Before public funds are transferred to the organization, a member shall obtain the organization's written consent to:

(a) the audit provided for in subsection (1); and

(b) pay the costs of the audit.

(3) An audit of an organization performed under this section must determine if:

(a) the organization is carrying out only those activities or programs authorized by state law and its articles of incorporation, bylaws, and policies;

(b) expenditures are made in furtherance of authorized activities in accordance with applicable laws and its articles of incorporation, bylaws, and policies;

(c) the organization properly collects and accounts for all revenues and receipts arising from its activities in accordance with generally accepted accounting principles;

(d) the assets of the organization or the assets in its custody are adequately safeguarded and are controlled and used in an efficient manner; and

(e) reports and financial statements fully disclose the nature and scope of the activities conducted and provide a proper basis for evaluating the operations of the organization.
Mont. Code Ann. § 2-17-803 — MT Code / Title 2 / Chapter 17 / Part 8 / Section 2-17-803
2-17-803 Capitol complex advisory council established -- membership -- staff services -- compensation
Status: in_force

2-17-803 . Capitol complex advisory council established -- membership -- staff services -- compensation. (1) There is a capitol complex advisory council.

(2) The council consists of nine members as follows:

(a) two members of the house of representatives appointed by the speaker on a bipartisan basis;

(b) two members of the senate appointed by the committee on committees on a bipartisan basis;

(c) two public members appointed by the governor; and

(d) the director or the director's designee of each of the following agencies:

(i) the Montana historical society established in 22-3-101 ;

(ii) the Montana arts council established in 2-15-1513 ; and

(iii) the department of administration established in 2-15-1001 .

(3) The council shall select a presiding officer, who may call meetings to conduct council business. The department of administration shall provide staff services to the council.

(4) (a) A council member appointed under subsection (2)(c) is entitled to compensation not to exceed the daily allowance provided for in 5-2-301 (3) for compensation of legislators for each day in which the member is actually and necessarily engaged in performing council duties and to travel expense reimbursement as provided in 2-18-501 through 2-18-503 .

(b) A council member designated under subsection (2)(d) is not entitled to compensation for services as a member of the council.

(c) A council member appointed under subsection (2)(a) or (2)(b) is entitled to compensation and expenses as provided in 5-2-302 .
Mont. Code Ann. § 2-15-1754 — MT Code / Title 2 / Chapter 15 / Part 17 / Section 2-15-1754
2-15-1754 Board of physical, rehabilitative, and developmental health care professionals
Status: in_force

2-15-1754 . (Effective January 1, 2026) Board of physical, rehabilitative, and developmental health care professionals. (1) In accordance with 37-1-123 , there is a board of physical, rehabilitative, and developmental health care professionals.

(2) The board consists of 12 members:

(a) two athletic trainers;

(b) two occupational therapists;

(c) four physical therapists;

(d) two speech-language pathologists;

(e) one audiologist; and

(f) one public member.

(3) The board is allocated to the department as prescribed in 2-15-121 .
Mont. Code Ann. § 2-18-624 — MT Code / Title 2 / Chapter 18 / Part 6 / Section 2-18-624
2-18-624 Termination of volunteer emergency services provider prohibited -- conditions -- definition
Status: in_force

2-18-624 . Termination of volunteer emergency services provider prohibited -- conditions -- definition. (1) An agency may not terminate the employment of an employee who has completed the employee's probationary period because the employee has elected to serve as a volunteer emergency services provider or joined a volunteer emergency unit or organization, including but not limited to a municipal, rural, or subscription fire department.

(2) An employee who serves as a volunteer emergency services provider before October 1, 2025, shall provide the agency with a written notification of the service within 30 days of October 1, 2025. An employee who joins a volunteer emergency unit or organization after October 1, 2025, shall provide the agency with written notification within 30 days of joining the unit or organization. An employee hired by an agency shall provide the agency with written notification that the employee is a volunteer emergency services provider within 30 days of hire.

(3) (a) Except as provided in subsection (1), after written notification is provided, the agency may not terminate the employment of a volunteer emergency services provider if the employee is absent or late to work while performing volunteer emergency service duties during an emergency and the provisions in this subsection (3) are fulfilled.

(b) An employee who is a volunteer emergency services provider and is absent from or late to work while performing volunteer emergency service duties during an emergency shall notify the agency as soon as possible that the employee may be absent or late because of volunteer emergency service. If an employee's absence or delay would imperil public safety or prevent the agency from performing an essential function, the agency may require the employee to request and receive authorization prior to responding to an emergency.

(c) An agency may request that an employee who is a volunteer emergency service provider and is absent from or late to work provide a written statement from a supervisor of the volunteer emergency service organization that the employee responded to an emergency and provide the date, time, and duration of the emergency.

(d) An employee may not claim regular pay for the time that the employee is absent from or late to work while performing volunteer emergency service duties. If the pay was claimed, the agency may deduct that amount of regular pay for the time the employee was not present at work.

(4) An agency shall determine whether an employee may leave work to respond to an emergency as a part of the employee's volunteer emergency service.

(5) An employee whose employment is terminated in violation of this section may bring a civil action against the agency employer under 39-2-904 . If the employee prevails in a civil action, the employee is entitled to the remedies in 39-2-905 . The action must be commenced within 1 year after the date of termination of employment.

(6) For the purposes of this section, "volunteer emergency services provider" means a volunteer firefighter as defined in 7-33-4510 , a volunteer who is an enrolled member of a volunteer fire department established under 7-33-4109 , or a volunteer emergency medical technician as defined in 50-6-202 , and who is not paid full-time by the entity for which the services are performed in the local service area.
Mont. Code Ann. § 2-15-2052 — MT Code / Title 2 / Chapter 15 / Part 20 / Section 2-15-2052
2-15-2052 Judicial performance evaluation commission -- salary and expenses -- staff -- administrative attachment
Status: in_force

2-15-2052 . (Temporary) Judicial performance evaluation commission -- salary and expenses -- staff -- administrative attachment. (1) A judicial performance evaluation commission member may not receive compensation or benefits for the member's service. A commission member may receive per diem and travel expenses as provided in Title 2, chapter 18, part 5.

(2) The commission shall employ an executive director and may employ additional staff as necessary within budgetary constraints.

(3) The commission is allocated to the department of justice for administrative purposes only as prescribed in 2-15-121 , except that the provisions of 2-15-121 (2)(d) do not apply. (Terminates June 30, 2035--sec. 14, Ch. 765, L. 2025.)
Mont. Code Ann. § 2-18-1301 — MT Code / Title 2 / Chapter 18 / Part 13 / Section 2-18-1301
2-18-1301 Short title
Status: in_force

2-18-1301 . Short title. This part may be cited as the "Voluntary Employees' Beneficiary Association Act".
Mont. Code Ann. § 2-18-614 — MT Code / Title 2 / Chapter 18 / Part 6 / Section 2-18-614
2-18-614 Military leave considered service
Status: in_force

2-18-614 . Military leave considered service. A period of absence from employment with the state, county, or city occurring either during a war involving the United States or in any other national emergency and for 90 days thereafter for one of the following reasons is considered as service for the purpose of determining the number of years of employment used in calculating vacation leave credits under this section:

(1) having been ordered on active duty with the armed forces of the United States;

(2) voluntary service on active duty in the armed forces or on ships operated by or for the United States government; or

(3) direct assignment to the United States department of defense for duties related to national defense efforts if a leave of absence has been granted by the employer.
Mont. Code Ann. § 2-15-2043 — MT Code / Title 2 / Chapter 15 / Part 20 / Section 2-15-2043
2-15-2043 Certification of continued eligibility -- notification of change in marital status -- notification of date of birth
Status: in_force

2-15-2043 . Certification of continued eligibility -- notification of change in marital status -- notification of date of birth. (1) Each year on the anniversary of the first payment made under 2-15-2042 (3), the catastrophically injured law enforcement officer, surviving spouse, other immediate family member, or agent of the catastrophically injured law enforcement officer, surviving spouse, or other immediate family member, shall attest to the board on a form provided by the department that the law enforcement officer is still eligible under the definition of catastrophic injury in 2-15-2040 . If the law enforcement officer is no longer eligible under the definition of catastrophic injury in 2-15-2040 or if the annual attestation is not submitted within 30 days after the anniversary date of the first payment under 2-15-2042 (3), the payment must cease.

(2) If payments are being made to a surviving spouse and the surviving spouse's marital status changes, the surviving spouse shall notify the board of the change in marital status within 30 days. On receipt of notification, the payment must be dispersed as directed in 2-15-2042 (3) and (4).

(3) Prior to the disbursement of funds, the catastrophically injured law enforcement officer, surviving spouse, other immediate family member, or agent of the catastrophically injured law enforcement officer, surviving spouse, or other immediate family member, shall provide the board with the identity and dates of birth of all legal children of the law enforcement officer who were under 18 years of age at the time of the law enforcement officer's catastrophic injury or date of death on a form provided by the department.
Mont. Code Ann. § 2-9-802 — MT Code / Title 2 / Chapter 9 / Part 8 / Section 2-9-802
2-9-802 Bonds -- amount
Status: in_force

2-9-802 . Bonds -- amount. All elected or appointed city or town officers and employees must be bonded in the amount required by ordinance. The amount for which a city or town officer or employee must be bonded must be based on the amount of money or property handled and the opportunity for defalcation.
Mont. Code Ann. § 2-16-101 — MT Code / Title 2 / Chapter 16 / Part 1 / Section 2-16-101
2-16-101 Classification of public officers
Status: in_force

2-16-101 . Classification of public officers. (1) The public officers of this state are classified as follows:

(a) legislative;

(b) executive;

(c) judicial;

(d) ministerial officers and officers of the courts.

(2) This classification is not to be construed as defining the legal powers of either class.

(3) Executive officers are either:

(a) civil; or

(b) military.
Mont. Code Ann. § 2-1-204 — MT Code / Title 2 / Chapter 1 / Part 2 / Section 2-1-204
2-1-204 Military reservations -- service of process
Status: in_force

2-1-204 . Military reservations -- service of process. (1) Authority is granted to and acknowledged in the United States to exercise exclusive legislation as provided by the constitution of the United States over the military reservation of Fort Missoula as established by law to the same extent and with the same effect as if the reservation had been purchased by the United States by consent of the legislative assembly of the state of Montana so long as it remains a military reservation.

(2) All legal process of the state, both civil and criminal, may be served upon persons and property found within the reservation in all cases where the United States does not have exclusive jurisdiction.
Mont. Code Ann. § 2-15-131 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-131
2-15-131 Rights of state personnel
Status: in_force

2-15-131 . Rights of state personnel. Unless otherwise provided in this chapter, each state officer or employee affected by a reorganization of the executive branch of state government under this chapter is entitled to all rights that the officer or employee possessed as a state officer or employee before the effective date of the applicable reorganization law, including rights to tenure in office and of pay, rights to vacation pay, sick pay, and leave, rights under any retirement or personnel plan or labor union contract, rights to compensatory time earned, and any other rights under any law or administrative policy. This section is not intended to create any new rights for any state officer or employee but to continue only those rights in effect before the effective date of the applicable part of the reorganization law.
Mont. Code Ann. § 2-18-503 — MT Code / Title 2 / Chapter 18 / Part 5 / Section 2-18-503
2-18-503 Mileage -- allowance
Status: in_force

2-18-503 . Mileage -- allowance. (1) Members of the legislature, state officers and employees, jurors, witnesses, county agents, and all other persons who may be entitled to mileage paid from public funds when using their own motor vehicles in the performance of official duties are entitled to collect mileage for the distance actually traveled by motor vehicle and no more unless otherwise specifically provided by law.

(2) (a) When a state officer or employee is authorized to travel by motor vehicle and chooses to use a privately owned motor vehicle even though a government-owned or government-leased motor vehicle is available, the officer or employee may be reimbursed only at the rate of 48.15% of the mileage rate allowed by the United States internal revenue service for the current year.

(b) When a privately owned motor vehicle is used because a government-owned or government-leased motor vehicle is not available or because the use is in the best interest of the governmental entity and a notice of unavailability of a government-owned or government-leased motor vehicle or a specific exemption is attached to the travel claim, then a rate equal to the mileage allotment allowed by the United States internal revenue service for the current year must be paid for the first 1,000 miles and 3 cents less per mile for all additional miles traveled within a given calendar month.

(3) Members of the legislature, jurors, witnesses, county agents, and all other persons, except a state officer or employee, who may be entitled to mileage paid from public funds when using their own motor vehicles in the performance of official duties are entitled to collect mileage at a rate equal to the mileage allotment allowed by the United States internal revenue service for the current year.

(4) Members of the legislature, state officers and employees, jurors, witnesses, county agents, and all other persons who may be entitled to mileage paid from public funds when using their own airplanes in the performance of official duties are entitled to collect mileage for the nautical air miles actually traveled at a rate of twice the mileage allotment for motor vehicle travel and no more unless specifically provided by law.

(5) This section does not alter 5-2-301 .

(6) The department of administration shall prescribe policies necessary for the effective administration of this section for state government. The Montana Administrative Procedure Act, Title 2, chapter 4, does not apply to policies prescribed to administer this part.
Mont. Code Ann. § 2-15-2017 — MT Code / Title 2 / Chapter 15 / Part 20 / Section 2-15-2017
2-15-2017 Domestic violence fatality review commission -- confidentiality of meetings and records -- criminal liability for unauthorized disclosure -- report to legislature
Status: in_force

2-15-2017 . Domestic violence fatality review commission -- confidentiality of meetings and records -- criminal liability for unauthorized disclosure -- report to legislature. (1) There is a domestic violence fatality review commission in the department of justice.

(2) The commission shall:

(a) examine the trends and patterns of domestic violence-related fatalities in Montana;

(b) educate the public, service providers, and policymakers about domestic violence fatalities and strategies for intervention and prevention; and

(c) recommend policies, practices, and services that may encourage collaboration and reduce fatalities due to domestic violence.

(3) The members of the commission, not to exceed 18, are appointed by the attorney general from among the following disciplines:

(a) representatives from state departments that are involved in issues of domestic abuse;

(b) representatives of private organizations that are involved in issues of domestic abuse;

(c) medical and mental health care providers who are involved in issues of domestic abuse;

(d) representatives from law enforcement, the judiciary, and the state bar of Montana;

(e) representatives of Montana Indian tribes;

(f) other concerned citizens; and

(g) a member of the legislature who serves on either the house judiciary committee or the senate judiciary committee.

(4) The members shall serve without compensation by the commission but are entitled to be reimbursed for travel expenses as provided for in 2-18-501 through 2-18-503 , and members who are full-time salaried officers or employees of this state or of any political subdivision of this state are entitled to their regular compensation. The provisions of 2-15-122 do not apply to the commission.

(5) The commission shall review closed domestic homicide cases selected by the attorney general to provide the commission with the best opportunity to fulfill its duties under this section.

(6) Upon written request from the commission, a person who possesses information or records that are necessary and relevant to a domestic violence fatality review shall, as soon as practicable, provide the commission with the information and records. A person who provides information or records upon request of the commission is not criminally or civilly liable for providing information or records in compliance with this section.

(7) The meetings and proceedings of the commission are confidential and are exempt from the provisions of Title 2, chapter 3.

(8) The records of the commission are confidential information as defined in 2-6-1002 and are protected from disclosure. The records are not subject to subpoena, discovery, or introduction into evidence in a civil or criminal action unless the records are reviewed by a district court judge and ordered to be provided to the person seeking access. The commission shall disclose conclusions and recommendations upon request but may not disclose information, records, or data that are otherwise confidential. The commission may not use the information, records, or data for purposes other than those designated by subsections (2)(a) and (2)(c).

(9) The commission may require any person appearing before it to sign a confidentiality agreement created by the commission in order to maintain the confidentiality of the proceedings. In addition, the commission may enter into agreements with nonprofit organizations and private agencies to obtain otherwise confidential information.

(10) A member of the commission who knowingly uses information obtained pursuant to subsection (6) for a purpose not authorized in subsection (2) or who discloses information in violation of subsection (8) is subject to a civil penalty of not more than $500.

(11) The commission shall report its findings and recommendations in writing to the law and justice interim committee in accordance with 5-11-210 , the attorney general, the governor, and the chief justice of the Montana supreme court prior to each regular legislative session. The report must be made available to the public through the office of the attorney general. The commission may issue data or other information periodically, in addition to the biennial report.
Mont. Code Ann. § 2-17-545 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-545
2-17-545 Mutual aid frequencies manual -- land mobile radio
Status: in_force

2-17-545 . Mutual aid frequencies manual -- land mobile radio. The department of justice shall develop and maintain a manual that includes policies and procedures for the effective and efficient use of mutual aid frequencies for land mobile radio.
Mont. Code Ann. § 2-3-214 — MT Code / Title 2 / Chapter 3 / Part 2 / Section 2-3-214
2-3-214 Recording of meetings for certain boards
Status: in_force

2-3-214 . Recording of meetings for certain boards. (1) Except as provided in 2-3-203 and subsection (6) of this section, the following boards shall record their public meetings in an audio and video format:

(a) the board of investments provided for in 2-15-1808 ;

(b) the public employees' retirement board provided for in 2-15-1009 ;

(c) the teachers' retirement board provided for in 2-15-1010 ;

(d) the board of public education provided for in Article X, section 9, of the Montana constitution;

(e) the board of regents of higher education provided for in Article X, section 9, of the Montana constitution;

(f) except as provided in subsection (7)(a), the governing board of a county provided for in Title 7, chapter 1, part 21;

(g) except as provided in subsection (7)(b), the governing board of a first-class and second-class city provided for in Title 7, chapter 1, part 41;

(h) a first-class or second-class school district board of trustees provided for in Article X, section 8, of the Montana constitution, 20-6-201 , and 20-6-301 ; and

(i) a local board of health provided for in Title 50, chapter 2, part 1.

(2) (a) The boards listed in subsections (1)(a) through (1)(e) shall make the audio and video recordings of meetings under subsection (1) publicly available within 1 business day after the meeting through broadcast on the state government broadcasting service as provided in 5-11-1111 or through publication of streaming audio and video content on the respective board's website.

(b) The boards listed in subsections (1)(f) through (1)(i) shall make the audio and video recordings publicly available within 5 business days after the meeting with a link to the recording on the respective board's website.

(c) The boards listed in subsection (7) shall make the audio recording publicly available within 14 business days after the meeting with a link to the recording on the respective board's website.

(d) If a board listed in subsections (1)(f) through (1)(i) and (7) does not maintain a website, it shall maintain a social media page and provide a link to the recording on the social media page.

(e) The department of administration may develop a memorandum of understanding with the legislative services division for broadcasting executive branch content on the state government broadcasting service or live-streaming audio or video executive branch content over the internet.

(3) For the boards listed in subsections (1)(f) through (1)(i) that maintain minutes as required by 2-3-212 , the audio and video recordings created pursuant to this section are not required to be the official record of the meeting. If a recording is not designated as the official record, the recording may be destroyed after being retained online for 1 year and is not subject to the requirements of Title 2, chapter 6, for public information requests.

(4) A board is not required to disrupt or reschedule a meeting if there is a technological failure of the meeting recording. If the recording is not able to be made available online, the board shall prominently post a notice in the same manner as a notice of a public meeting and shall post a notice at all locations where the meeting recording links are available. The notice must explain the reason the meeting was not recorded and describe the steps taken to remedy the failure prior to the next meeting.

(5) The requirements of this section apply only when a board is acting on a matter over which the board has supervision, control, jurisdiction, or advisory power at a public meeting as defined in 2-3-202 that has been publicly noticed as required by 2-3-103 .

(6) The requirements of this section do not apply to a board listed in subsection (1)(f) when a quorum is incidentally established as described in 7-5-2122 (4) and (5) solely on the basis of sharing a common office space.

(7) The following boards must meet the requirements of this section, except that meetings may be recorded, retained, and made available in audio format only:

(a) the governing board of a county with a population of less than 4,500; and

(b) the governing board of a third-class city or a town with a population greater than 300.

(8) Expenditures by a school district on staff, consultants, equipment, software licenses, storage, or security made to fulfill the requirements of this section qualify as a school facility project under 20-9-525 .
Mont. Code Ann. § 2-18-604 — MT Code / Title 2 / Chapter 18 / Part 6 / Section 2-18-604
2-18-604 Administration of rules
Status: in_force

2-18-604 . Administration of rules. The department of administration or the administrative officer of any county, city, or political subdivision is responsible for the proper administration of the employee annual, sick, or military leave provisions and the jury duty provisions found in this part and may, when necessary, promulgate rules necessary to achieve the uniform administration of these provisions and to prevent the abuse of these provisions. When promulgated, the rules are effective as to all employees of the state or any county, city, or political subdivision of the state.
Mont. Code Ann. § 2-17-104 — MT Code / Title 2 / Chapter 17 / Part 1 / Section 2-17-104
2-17-104 Deductible insurance plan for state buildings and contents -- administration
Status: in_force

2-17-104 . Deductible insurance plan for state buildings and contents -- administration. (1) A deductible plan of insurance may be established for use by the state in insuring state buildings and their contents.

(2) The administration of this section shall be placed in the department of administration with the cooperation of the insurance commissioner.
Mont. Code Ann. § 2-17-423 — MT Code / Title 2 / Chapter 17 / Part 4 / Section 2-17-423
2-17-423 Rules
Status: in_force

2-17-423 . Rules. (1) The department of transportation may adopt and enforce reasonable rules governing the maintenance and operation of motor vehicles under control of the department.

(2) The department shall establish reasonable rules governing:

(a) the manner and procedure by which motor pool vehicles may be rented or leased to state officials, state agencies, or state employees;

(b) procedures for determining when a motor pool vehicle is not available for use; and

(c) rental charges for a motor pool vehicle that may include reimbursement of actual costs for administration, maintenance, service, operation, storage, replacement, and disposal costs.

(3) The department shall adopt and formulate travel rules providing:

(a) for scheduling of motor pool vehicles and filing an application for travel showing destination and date and time of departure and;

(b) for filing a report upon completion of the trip, showing mileage traveled and date and time of return.
Mont. Code Ann. § 2-15-242 — MT Code / Title 2 / Chapter 15 / Part 2 / Section 2-15-242
2-15-242 State poet laureate
Status: in_force

2-15-242 . State poet laureate. (1) There is a state poet laureate.

(2) Within 30 days prior to the expiration of the state poet laureate's term of appointment or within 30 days after a vacancy in the position occurs, the Montana arts council established in 22-2-101 shall nominate three individuals to be the state poet laureate. The Montana arts council shall provide the list of nominees to the governor who shall:

(a) within 30 days after receiving the list of nominees, appoint the state poet laureate from among the individuals named on the list; and

(b) notify the secretary of state and the Montana arts council of the appointment.

(3) The individual named by the governor as the state poet laureate shall serve for a term of 2 years beginning on the date of appointment by the governor.

(4) The state poet laureate is an honorary position, and the person serving as the state poet laureate may not receive any compensation from the state for serving as the state poet laureate.
Mont. Code Ann. § 2-17-1102 — MT Code / Title 2 / Chapter 17 / Part 11 / Section 2-17-1102
2-17-1102 Definitions
Status: in_force

2-17-1102 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Convenience fee" means a fee charged to recover the costs of providing digital government services.

(2) "Costs" means the overall costs that the department may incur to provide digital government services, including the costs of contracts entered into with private entities to assist in providing digital government services.

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

(4) "Infrastructure" means the underlying technology necessary to provide digital government services.
Mont. Code Ann. § 2-4-315 — MT Code / Title 2 / Chapter 4 / Part 3 / Section 2-4-315
2-4-315 Petition for adoption, amendment, or repeal of rules
Status: in_force

2-4-315 . Petition for adoption, amendment, or repeal of rules. An interested person or, when the legislature is not in session, a member of the legislature on behalf of an interested person may petition an agency requesting the promulgation, amendment, or repeal of a rule. Each agency shall determine and prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition. Within 60 days after submission of a petition, the agency either shall deny the petition in writing or shall initiate rulemaking proceedings in accordance with 2-4-302 through 2-4-305 . A decision to deny a petition or to initiate rulemaking proceedings must be in writing and based on record evidence. The written decision must include the reasons for the decision. Record evidence must include any evidence submitted by the petitioner on behalf of the petition and by the agency and interested persons in response to the petition. An agency may, but is not required to, conduct a hearing or oral presentation on the petition in order to develop a record and record evidence and to allow the petitioner and interested persons to present their views.
Mont. Code Ann. § 2-18-1105 — MT Code / Title 2 / Chapter 18 / Part 11 / Section 2-18-1105
2-18-1105 Eligibility for award
Status: in_force

2-18-1105 . Eligibility for award. (1) Except as provided in subsection (3), an employee, a group or team of employees, or a nonemployee is eligible for an incentive award for innovations that:

(a) significantly contribute to achievements or outcomes eliminating or reducing an agency's expenditures; or

(b) improve the effectiveness of state government or improve services to the public by permitting more work to be accomplished within an agency without increasing the cost of governmental operations.

(2) To be eligible for an incentive award, an employee, a group or team of employees, or a nonemployee must receive approval from agency management for immediate implementation, for a short-term test of an idea or innovation, or for the development and testing of a prototype that could make significant improvement in the way an agency conducts business by addressing fiscal, customer service, efficiency, or safety issues.

(3) A director, as defined in 2-15-102 , or a legislator is not eligible for the incentive award provided for under this part.

(4) Suggestions relating to an agency are eligible for an award from that agency's agency head even if the employee or group or team of employees, or one or more members of the group or team, do not work for that agency.
Mont. Code Ann. § 2-15-116 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-116
2-15-116 State agency employee directory requirement
Status: in_force

2-15-116 . State agency employee directory requirement. (1) Each state agency shall post an employee directory on the agency's website. The link to the directory must be on the main landing page of the agency's website.

(2) (a) Except as provided in subsection (2)(b), the directory must include the name, title, and a direct phone number and e-mail address issued by the agency for each agency employee whose job responsibilities include regular interactions with the public.

(b) Department heads may exempt from the requirements of subsection (2)(a) persons in safety-sensitive positions.

(3) The directory page must include an organizational chart for the department so members of the public know which department or individual to contact.

(4) The agency shall perform regular checks, at least semiannually, of the directory to ensure that the information is current and accurate. The date of the last update must be posted on the directory page.
Mont. Code Ann. § 2-15-141 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-141
2-15-141 Definitions
Status: in_force

2-15-141 . Definitions. As used in 2-15-141 through 2-15-143 , the following definitions apply:

(1) "State agency" means a department, board, or commission of the executive branch of state government.

(2) "Tribal government" means the officially recognized government of any tribe or nation.

(3) "Tribal officials" means the elected or appointed officials of a tribal government.

(4) "Tribe" means an Indian tribe that is recognized by federal law or formally acknowledged by the state.
Mont. Code Ann. § 2-17-808 — MT Code / Title 2 / Chapter 17 / Part 8 / Section 2-17-808
2-17-808 Placement of certain busts, plaques, statues, memorials, monuments, and art displays
Status: in_force

2-17-808 . Placement of certain busts, plaques, statues, memorials, monuments, and art displays. (1) The following busts, plaques, statues, memorials, monuments, and art displays are to be placed for up to 50 years, subject to renewal, in the capitol:

(a) the busts of Thomas J. Walsh, Burton K. Wheeler, and Joseph Dixon;

(b) the plaques commemorating Theodore Brantley, Fred Whiteside, the first Montana volunteers who fought in the Spanish-American War, the construction of the capitol from 1899 to 1902, the 1972 Montana constitutional convention, and the women legislators' centennial;

(c) the murals by Edgar S. Paxson, Ralph E. DeCamp, Charles M. Russell, Amedee Joullin, and F. Pedretti and sons;

(d) the statues of:

(i) Wilbur Fiske Sanders;

(ii) Jeannette Rankin; and

(iii) Mike and Maureen Mansfield;

(e) the Montana statehood centennial bell;

(f) the gallery of outstanding Montanans;

(g) the Montana constitutional exhibit;

(h) the biographical descriptions of Montana's governors, to be placed near the portraits of the governors;

(i) a plaque commemorating former representative Francis Bardanouve and lettering naming the first floor of the east wing of the capitol in honor of Francis Bardanouve;

(j) a mural honoring the historical contributions of women as community builders;

(k) a plaque commemorating former secretary of the senate Marilyn Miller and lettering naming the offices of the secretary of the senate, room 302 of the capitol, the Marilyn Miller senate suite; and

(l) a bust commemorating Thomas Carter, who served as the last territorial congressional delegate, the first United States representative, and a United States senator for the state.

(2) The following busts, plaques, statues, memorials, monuments, and art displays are to be placed for up to 50 years, subject to renewal, on the grounds of the capitol:

(a) the statues of Thomas Francis Meagher and Lady Liberty;

(b) the plaques commemorating:

(i) Donald Nutter;

(ii) President George H. W. Bush; and

(iii) American prisoners of war and personnel of the United States armed services missing in action;

(c) two benches with plaques recognizing contributors to the 1997-2000 capitol restoration, repair, and renovation project;

(d) the Montana centennial square;

(e) the monument of the ten commandments;

(f) a statue commemorating Judy Martz, Montana's first woman governor; and

(g) a memorial honoring organ donors of Montana, encouraging individuals to register as donors, and providing a contemplative space to serve as a symbol of hope for those who are waiting for an organ transplant.

(3) The following busts, plaques, statues, memorials, monuments, and art displays are to be placed for up to 50 years, subject to renewal, on the capitol complex grounds:

(a) the statue by Robert Scriver entitled "symbol of the pros";

(b) the monuments to the liberty bell, the veterans' and pioneer memorial building--landscape beautification project, Montana veterans, Pearl Harbor survivors, and the peace pole;

(c) the sculptures of the herd bull and the eagle;

(d) the plaques commemorating the Montana national guard and Lewis and Clark; and

(e) the arrastra.

(4) The following busts, plaques, statues, memorials, monuments, and art displays are to be placed for up to 50 years, subject to renewal, in state buildings on the capitol complex:

(a) the paintings of Dr. W. F. Cogswell and the paintings entitled "burning bush", "dryland farmer", "farm girl", "the river rat", "top of the world", "angus #68", "the source", "the Bozeman trail", and "the Mullan road";

(b) the art displays known as "Montana workers--mining, ranching, and building", "copper city rodeo", "dancing cascade", "save a piece of the sky", and "night light";

(c) the plaque commemorating Walt Sullivan, the plaque of the Sam W. Mitchell building, and the plaque commemorating the original headquarters of the Montana highway patrol;

(d) the busts of Lee Metcalf and Sam W. Mitchell;

(e) the plaque and Lou Peters award commemorating Karl Ohs;

(f) the plaque and memorial commemorating Joseph P. Mazurek; and

(g) the plaque commemorating Charles S. Johnson.

(5) The senate sculpture depicting the Lewis and Clark expedition is to be placed for up to 50 years, subject to renewal, on the west wall in the senate chambers.

(6) The council shall determine the specific placement of the items identified in subsections (1) through (4). (Subsection (2)(g) void on occurrence of contingency--sec. 5, Ch. 211, L. 2023; subsection (1)(l) void on occurrence of contingency--sec. 5, Ch. 637, L. 2023; subsection (4)(g) void on occurrence of contingency--sec. 5, Ch. 737, L. 2023.)
Mont. Code Ann. § 2-15-1019 — MT Code / Title 2 / Chapter 15 / Part 10 / Section 2-15-1019
2-15-1019 Board of directors of state compensation insurance fund -- legislative liaisons
Status: in_force

2-15-1019 . Board of directors of state compensation insurance fund -- legislative liaisons. (1) There is a board of directors of the state compensation insurance fund.

(2) The board is allocated to the department for administrative purposes only as prescribed in 2-15-121 . However, the board may employ its own staff.

(3) The board may provide for its own office space and the office space of the state fund.

(4) The board consists of seven members appointed by the governor. The executive director of the state fund is an ex officio nonvoting member.

(5) (a) At least four of the seven members shall represent state fund policyholders and may be employees of state fund policyholders. At least four members of the board shall represent private enterprises. One of the seven members may be a licensed insurance producer. One of the seven members must be a person with executive management experience in an insurance company or executive level experience in insurance financial accounting.

(b) A member of the board may not:

(i) except for the licensed insurance producer member, represent or be an employee of an insurance company that is licensed to transact workers' compensation insurance under compensation plan No. 2; or

(ii) be an employee of a self-insured employer under compensation plan No. 1.

(6) A member is appointed for a term of 4 years. A term begins April 1 of odd-numbered years and ends March 31. The governor shall appoint board members on or before February 1 of the odd-numbered years that coincide with the expiration of the board members' terms. The terms of board members must be staggered. A member of the board may serve no more than two 4-year terms. A member shall hold office until the end of the term.

(7) The members must be appointed and compensated in the same manner as members of a quasi-judicial board as provided in 2-15-124 , except as otherwise provided in this section.

(8) There must be two legislative liaisons to the board consisting of members of the economic affairs interim committee provided for in 5-5-223 . Subject to 5-5-234 , the presiding officer of the economic affairs interim committee shall appoint the liaisons from the majority party and the minority party at the first interim committee meeting.

(9) Legislative liaisons shall serve from appointment through each even-numbered calendar year.

(10) A legislative liaison may:

(a) attend board meetings; and

(b) receive board meeting agendas and information relating to agenda items from the staff of the state fund.

(11) Legislative liaisons appointed pursuant to subsection (8) are entitled to compensation and expenses, as provided in 5-2-302 , to be paid by the economic affairs interim committee and the state fund from a $100 annual fee paid by the state fund into the general fund.
Mont. Code Ann. § 2-18-320 — MT Code / Title 2 / Chapter 18 / Part 3 / Section 2-18-320
2-18-320 Terminated
Status: in_force

2-18-320 . Terminated. Sec. 5, Ch. 49, L. 1995.
Mont. Code Ann. § 2-4-604 — MT Code / Title 2 / Chapter 4 / Part 6 / Section 2-4-604
2-4-604 Informal proceedings
Status: in_force

2-4-604 . Informal proceedings. (1) In proceedings under this section, the agency shall, in accordance with procedures adopted under 2-4-201 :

(a) give affected persons or parties or their counsel an opportunity, at a convenient time and place, to present to the agency or hearing examiner:

(i) written or oral evidence in opposition to the agency's action or refusal to act;

(ii) a written statement challenging the grounds upon which the agency has chosen to justify its action or inaction; or

(iii) other written or oral evidence relating to the contested case;

(b) if the objections of the persons or parties are overruled, provide a written explanation within 7 days.

(2) The record must consist of:

(a) the notice and summary of grounds of the opposition;

(b) evidence offered or considered;

(c) any objections and rulings on the objections;

(d) all matters placed on the record after ex parte communication pursuant to 2-4-613 ;

(e) a recording of any hearing held, together with a statement of the substance of the evidence received or considered, the written or oral statements of the parties or other persons, and the proceedings. A party may object in writing to the statement or may order at that party's cost a transcription of the recording, or both. Objections become a part of the record.

(3) Agencies shall give effect to the rules of privilege recognized by law.

(4) In agency proceedings under this section, irrelevant, immaterial, or unduly repetitious evidence must be excluded but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs is admissible, whether or not the evidence is admissible in a trial in the courts of Montana. Any part of the evidence may be received in written form, and all testimony of parties and witnesses must be made under oath. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it is not sufficient in itself to support a finding unless it is admissible over objection in civil actions.

(5) A party may petition for review of an informal agency decision pursuant to part 7 of this chapter.
Mont. Code Ann. § 2-17-560 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-560
2-17-560 Reappropriation of long-range information technology capital project funds
Status: in_force

2-17-560 . Reappropriation of long-range information technology capital project funds. The remaining balances for long-range information technology capital projects previously approved by the legislature and identified as long-range information technology capital projects in an appropriation act are reappropriated for the purposes of the original appropriation until the projects are completed.
Mont. Code Ann. § 2-15-1515 — MT Code / Title 2 / Chapter 15 / Part 15 / Section 2-15-1515
2-15-1515 Commission on federal higher education programs
Status: in_force

2-15-1515 . Commission on federal higher education programs. (1) There is a commission on federal higher education programs that may be called into existence by the board of regents of higher education from time to time as the need arises. Whenever the commission is called into existence, the board shall request that the governor appoint members pursuant to subsection (2)(b).

(2) The commission consists of:

(a) ex officio, the appointed members of the board of regents of higher education; and

(b) a representative of each accredited private college or university in this state appointed by the governor from the board of trustees of each private college or university upon the request of the board of regents of higher education.

(3) The commission members appointed pursuant to subsection (2)(b) shall serve for the period of existence of the commission. However, the period of service may not exceed 4 years and is contingent upon continued status as a trustee. If a vacancy occurs in a position held by an individual appointed pursuant to subsection (2)(b), the governor shall appoint a replacement.

(4) The presiding officer of the board of regents of higher education is the presiding officer of the commission.

(5) The commissioner of higher education is the administrative officer of the commission.

(6) The commission is allocated to the board of regents of higher education for administrative purposes only as provided in 2-15-121 .

(7) The commission members are entitled to compensation as provided in 2-15-124 (7).

(8) The board of regents of higher education may terminate the commission from time to time when there is no need for its existence.
Mont. Code Ann. § 2-15-1869 — MT Code / Title 2 / Chapter 15 / Part 18 / Section 2-15-1869
2-15-1869 Montana council on developmental disabilities
Status: in_force

2-15-1869 . Montana council on developmental disabilities. (1) The governor shall appoint a Montana council on developmental disabilities in accordance with the Developmental Disabilities Assistance and Bill of Rights Act of 2000, Public Law 106-402, codified at 42 U.S.C. 15001, et seq.

(2) In addition to the members appointed under subsection (1), the council must include one member of the senate and one member of the house of representatives.

(3) (a) Except as provided in subsection (3)(b), members of the council serve 1-year terms.

(b) Of the members described in 42 U.S.C. 15025(b)(3) who represent persons with developmental disabilities and parents or relatives of persons with developmental disabilities, the governor shall appoint:

(i) not less than one-half of the members to serve for terms concurrent with the gubernatorial term and until their successors are appointed; and

(ii) the remaining members to serve for terms ending on January 1 of the third year of the succeeding gubernatorial term and until their successors are appointed.

(4) Members appointed to the council may also be selected to represent the geographical regions and the racial and ethnic composition of the state, including American Indians.

(5) A council member, unless the member is a full-time salaried officer or employee of this state or any of the political subdivisions of this state, is entitled to be paid in an amount to be determined by the council, not to exceed $25, for each day in which the member is actually and necessarily engaged in the performance of council duties. A council member is also entitled to be reimbursed for travel expenses incurred while in the performance of council duties as provided for in 2-18-501 through 2-18-503 . Members who are full-time salaried officers or employees of this state or any political subdivisions of this state are not entitled to be compensated for their service as members but are entitled to be reimbursed for travel expenses as provided for in 2-18-501 through 2-18-503 .

(6) The council shall:

(a) advise the department of public health and human services, other state agencies, tribal governments, councils, local governments, and private organizations on programs for services to persons with developmental disabilities; and

(b) serve in any capacity required by the Developmental Disabilities Assistance and Bill of Rights Act of 2000, Public Law 106-402, or by other federal law for the administration of federal programs for services to persons with developmental disabilities.

(7) (a) Unless the state enters a contract with a nonprofit corporation as provided in 2-15-1870 , the council:

(i) is allocated to the department of commerce for administrative purposes only and, unless inconsistent with this section, the provisions of 2-15-121 apply;

(ii) may elect from among its members the officers necessary for the proper management of the council;

(iii) may adopt rules governing its own organization and procedures, and a majority of the members of the council constitutes a quorum for the transaction of business; and

(iv) shall employ and fix the compensation and duties of necessary staff and control the location of its office.

(b) The department of commerce shall remain the designated state agency for funding purposes if the responsibilities of the council are delegated by contract to a nonprofit corporation as provided in 2-15-1870 .
Mont. Code Ann. § 2-1-205 — MT Code / Title 2 / Chapter 1 / Part 2 / Section 2-1-205
2-1-205 Glacier national park
Status: in_force

2-1-205 . Glacier national park. Exclusive jurisdiction shall be and the same is hereby ceded to the United States over and within all the territory which is now or may hereafter be included in that tract of land in the state of Montana set aside by the act of congress, approved May 11, 1910, for the purposes of a national park, and known and designated as "The Glacier national park", saving, however, to the said state the right to serve civil or criminal process within the limits of the aforesaid park in any suits or prosecution for or on account of rights acquired, obligations incurred, or crimes committed in said state but outside of said park; and saving, further, to the state the right to tax persons and corporations, their franchises and property on the lands included in said park; provided, however, that jurisdiction shall not vest until the United States, through the proper officers, notifies the governor of this state that it assumes police or military jurisdiction over said park.
Mont. Code Ann. § 2-9-318 — MT Code / Title 2 / Chapter 9 / Part 3 / Section 2-9-318
2-9-318 Attachment and execution
Status: in_force

2-9-318 . Attachment and execution. No levy of attachment or writ of execution shall issue against any property of a governmental entity for the security or collection of any claim or judgment against any governmental entity under parts 1 through 3 of this chapter.
Mont. Code Ann. § 2-9-803 — MT Code / Title 2 / Chapter 9 / Part 8 / Section 2-9-803
2-9-803 City and town officers and employees to be bonded
Status: in_force

2-9-803 . City and town officers and employees to be bonded. (1) A bond may cover an individual officer or employee or a blanket bond may cover all officers and employees or any group or combination of officers and employees.

(2) All elected and appointed city or town officers or employees must be bonded for the faithful performance of all official duties required by law.
Mont. Code Ann. § 2-11-102 — MT Code / Title 2 / Chapter 11 / Part 1 / Section 2-11-102
2-11-102 Findings and purpose
Status: in_force

2-11-102 . Findings and purpose. The purpose of this part is to require government entities to make known the legal authority upon which certain action is based. The benefits of this requirement will be that government officials will articulate and reaffirm their legal authority to act and that both the government and the people will have a fuller understanding of the limits of the law and the facts to which the law applies. This understanding will benefit both government and the people by helping to resolve disputes between government servants and the people, without lengthy and costly litigation, by instilling trust in government, and by helping to identify deficiencies in the law so that those deficiencies may be addressed by legislative action.
Mont. Code Ann. § 2-18-204 — MT Code / Title 2 / Chapter 18 / Part 2 / Section 2-18-204
2-18-204 Determination of number and occupations of employees in each agency
Status: in_force

2-18-204 . Determination of number and occupations of employees in each agency. (1) The department shall determine the occupations for positions of employees in each agency. At any time, upon request of an agency, the department may amend the list of occupations for the requesting agency.

(2) Based on documentation to be submitted by each agency, the budget director shall determine the number of positions and employees (full-time equivalents) of each agency or program prior to preparation of the executive budget and before the beginning of each fiscal year. At any time, upon the request of the agency, the budget director may amend the number of positions or employees (full-time equivalents) in any agency or program.

(3) This section does not limit legislative authority to amend the determinations of the department or the budget director.
Mont. Code Ann. § 2-9-601 — MT Code / Title 2 / Chapter 9 / Part 6 / Section 2-9-601
2-9-601 Definition
Status: in_force

2-9-601 . Definition. As used in this part, the term "state officers and employees" does not include notaries public, supreme court justices, district court judges, or members and employees of the legislature.
Mont. Code Ann. § 2-15-1201 — MT Code / Title 2 / Chapter 15 / Part 12 / Section 2-15-1201
2-15-1201 Department of military affairs -- head
Status: in_force

2-15-1201 . Department of military affairs -- head. There is a department of military affairs. The department head is the adjutant general of the state, who must be appointed and shall serve in the same manner as directors in 2-15-111 . In addition, the adjutant general must have the qualifications prescribed in 2-15-1202 . The adjutant general is the commanding general of military forces of the state.
Mont. Code Ann. § 2-5-110 — MT Code / Title 2 / Chapter 5 / Part 1 / Section 2-5-110
2-5-110 Expenses -- convener -- facilitator -- committee members
Status: in_force

2-5-110 . Expenses -- convener -- facilitator -- committee members. (1) An agency may employ or enter into a contract for the services of an organization or individual to serve as a convener or facilitator for a negotiated rulemaking committee or may use the services of a government employee to act as a convener or facilitator for a committee.

(2) An agency shall determine whether a person under consideration as a convener or facilitator of a negotiated rulemaking committee has any financial or other interest that would preclude the person from serving in an impartial and independent manner. A person disqualified under this criterion must be dropped from further consideration.

(3) Members of a negotiated rulemaking committee are responsible for their own expenses of participation. However, an agency may pay for a committee member's reasonable travel and per diem expenses, expenses to obtain technical assistance, and a reasonable rate of compensation if:

(a) the committee member certifies a lack of adequate financial resources to participate in the committee; and

(b) the agency determines that the committee member's participation in the committee is necessary to ensure an adequate representation of the interests of the members.

(4) An agency may accept grants or gifts from any source to fund the negotiated rulemaking process, provided that:

(a) information on the name of the person giving the grant or gift and the amount of the grant or gift is available to the public;

(b) the grant or gift is given to and accepted by the agency without placing any condition on the membership of a negotiated rulemaking committee or the outcome of the negotiated rulemaking process; and

(c) there is consensus among the members of the negotiated rulemaking committee established pursuant to 2-5-106 that the acceptance of the grant or gift will not diminish the integrity of the negotiated rulemaking process.
Mont. Code Ann. § 2-10-111 — MT Code / Title 2 / Chapter 10 / Part 1 / Section 2-10-111
2-10-111 Notice to public and interested persons
Status: in_force

2-10-111 . Notice to public and interested persons. (1) After an impact assessment has been completed, and regardless of the findings in the assessment, the state agency that performed the impact assessment shall provide notice to the public and interested persons of its intent to engage in the proposed action. The notice must be provided through use of either electronic e-mail lists or postal mail lists to all persons who have elected to be notified of impact assessments and through the use of the state's official internet website used by all state agencies.

(a) The electronic e-mail lists and postal mail lists must be established to allow interested persons to be on lists notifying them of impact assessments of all state agencies or of specific information based on agency name or geographical location of a proposed action and may provide notice based on other criteria that would promote public awareness of proposed actions.

(b) The agency website link must allow access to impact assessments of all state agencies or to specific information based on agency name or geographical location of a proposed action and may also be based on other criteria that would promote public awareness of proposed actions. The website must provide a summary of the impact assessment and a link to a source for the complete impact assessment.

(2) If due to time constraints a state agency is compelled to take an action allowed by this part before completion of an impact assessment, it shall, within 3 days of learning of the requirement to take the action, post notice of the action and provide a brief explanation of the action, the need for expedited action, and an estimate of when the action will be completed and the expected availability of the completed summary and impact statement.

(3) Unless the action may be taken without a completed impact statement as provided in this part, the state agency may not take the proposed action until it has completed and posted the impact statement.

(4) The state agency shall update the assessment and provide notice to the public if the action is not adopted before the 180th day after the date the original notice was given.
Mont. Code Ann. § 2-4-404 — MT Code / Title 2 / Chapter 4 / Part 4 / Section 2-4-404
2-4-404 Evidentiary value of legislative poll
Status: in_force

2-4-404 . Evidentiary value of legislative poll. If the appropriate administrative rule review committee has conducted a poll of the legislature in accordance with 2-4-403 , the results of the poll must be admissible in any court proceeding involving the validity of the proposed rule or the validity of the adopted rule if the rule was adopted by the agency. If the poll determines that a majority of the members of both houses find that the proposed rule or adopted rule is contrary to the intent of the legislature, the proposed rule or adopted rule must be conclusively presumed to be contrary to the legislative intent in any court proceeding involving its validity.
Mont. Code Ann. § 2-8-112 — MT Code / Title 2 / Chapter 8 / Part 1 / Section 2-8-112
2-8-112 Legislative audit committee review and report -- review criteria
Status: in_force

2-8-112 . Legislative audit committee review and report -- review criteria. (1) The legislative audit committee is responsible for conducting a review of each agency or program scheduled for termination. The review shall be completed at least 6 months prior to the date set for termination. If for any reason a review of an agency or program cannot be completed as required by this chapter, the legislative audit committee shall submit a proposed bill for the ensuing legislative session to reestablish the agency or program.

(2) The review conducted shall include a performance audit of the agency or program, with emphasis on its effect on the public health, safety, and welfare.

(3) The legislative audit committee shall assist in the implementation of the provisions of this part and shall establish administrative procedures which facilitate the review and evaluation as required in this part.

(4) Upon completion of its review, the legislative audit committee shall, as provided in 5-11-210 , make a report of its recommendations for continuation, modification, or termination and submit a proposed bill to the ensuing legislative session. If termination is recommended, the bill should repeal or otherwise deal with all statutes and parts of statutes relating to the agency's or program's activities.
Mont. Code Ann. § 2-15-1801 — MT Code / Title 2 / Chapter 15 / Part 18 / Section 2-15-1801
2-15-1801 Department of commerce -- head
Status: in_force

2-15-1801 . Department of commerce -- head. There is a department of commerce. The department head is a director of commerce appointed by the governor in accordance with 2-15-111 .
Mont. Code Ann. § 2-15-505 — MT Code / Title 2 / Chapter 15 / Part 5 / Section 2-15-505
2-15-505 Fentanyl mandatory minimum report
Status: in_force

2-15-505 . Fentanyl mandatory minimum report. Pursuant to the attorney general's duty provided in 2-15-501 (5) to exercise supervisory control over the county attorneys and to require of them reports as to the public business entrusted to their charge, beginning on September 1, 2024, the attorney general shall report annually by September 1 to the law and justice interim committee and the judicial branch, law enforcement, and justice budget committee, in accordance with 5-11-210 , on the number of times a court imposed a mandatory minimum required by 45-9-101 (6) or 45-9-103 (3) in the previous fiscal year.
Mont. Code Ann. § 2-18-103 — MT Code / Title 2 / Chapter 18 / Part 1 / Section 2-18-103
2-18-103 Officers and employees excepted
Status: in_force

2-18-103 . Officers and employees excepted. Parts 1 through 3 and 10 do not apply to the following officers and employees in state government:

(1) elected officials;

(2) county assessors and their chief deputies;

(3) employees of the office of consumer counsel;

(4) judges and employees of the judicial branch;

(5) members of boards and commissions appointed by the governor, the legislature, or other elected state officials;

(6) officers or members of the militia;

(7) agency heads appointed by the governor;

(8) academic and professional administrative personnel with individual contracts under the authority of the board of regents of higher education;

(9) academic and professional administrative personnel and live-in houseparents who have entered into individual contracts with the state school for the deaf and blind under the authority of the state board of public education;

(10) investment officer, assistant investment officer, executive director, and eight professional staff positions of the board of investments;

(11) four professional staff positions under the board of oil and gas conservation;

(12) director of the Montana state lottery and assistant director for security of the Montana state lottery;

(13) executive director and employees of the state compensation insurance fund;

(14) state racing stewards employed by the executive secretary of the Montana board of horseracing;

(15) executive director of the Montana wheat and barley committee;

(16) commissioner of banking and financial institutions;

(17) training coordinator for county attorneys;

(18) employees of an entity of the legislative branch consolidated, as provided in 5-2-504 ;

(19) chief information officer in the department of administration;

(20) chief economic development officer and six professional staff positions in the office of economic development provided for in 2-15-218 ; and

(21) the director of the office of state public defender provided for in 2-15-1029 .
Mont. Code Ann. § 2-15-114 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-114
2-15-114 Security responsibilities of departments for data
Status: in_force

2-15-114 . Security responsibilities of departments for data. Each department head is responsible for ensuring an adequate level of security for all data within that department and shall:

(1) develop and maintain written internal policies and procedures to ensure security of data. The internal policies and procedures are confidential information and exempt from public inspection, except that the information must be available to the legislative auditor in performing postauditing duties.

(2) designate an information security manager to administer the department's security program for data;

(3) implement appropriate cost-effective safeguards to reduce, eliminate, or recover from identified threats to data;

(4) ensure that internal evaluations of the security program for data are conducted. The results of the internal evaluations are confidential and exempt from public inspection, except that the information must be available to the legislative auditor in performing postauditing duties.

(5) include appropriate security requirements, as determined by the department, in the written specifications for the department's solicitation of data and information technology resources; and

(6) include a general description of the existing security program and future plans for ensuring security of data in the agency information technology plan as provided for in 2-17-523 .
Mont. Code Ann. § 2-15-3002 — MT Code / Title 2 / Chapter 15 / Part 30 / Section 2-15-3002
2-15-3002 Montana wheat and barley committee
Status: in_force

2-15-3002 . Montana wheat and barley committee. (1) There is a Montana wheat and barley committee.

(2) The committee consists of seven members and three ex officio, nonvoting members.

(3) The governor shall appoint one member from each of the following districts:

(a) District I, consisting of Daniels, Sheridan, and Roosevelt Counties;

(b) District II, consisting of Valley, Phillips, Blaine, and Hill Counties;

(c) District III, consisting of Liberty, Toole, Glacier, and Pondera Counties;

(d) District IV, consisting of Chouteau and Teton Counties;

(e) District V, consisting of Lewis and Clark, Cascade, Judith Basin, Fergus, Petroleum, Meagher, Broadwater, Wheatland, Golden Valley, and Musselshell Counties;

(f) District VI, consisting of Big Horn, Yellowstone, Stillwater, Carbon, Sweet Grass, Park, Gallatin, Madison, Jefferson, Silver Bow, Beaverhead, and all counties west of the continental divide;

(g) District VII, consisting of Garfield, McCone, Rosebud, Richland, Dawson, Wibaux, Prairie, Carter, Custer, Fallon, Powder River, and Treasure Counties.

(4) The ex officio members are:

(a) the director of the department of agriculture;

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

(c) a representative of the grain trade in Montana elected by a majority of the appointed members.

(5) Each of the appointed members must be a citizen of Montana, derive a substantial portion of the member's income from growing wheat or barley in this state, and be a resident of and have farming operations in the district from which appointed. No more than four of the appointed members may be of the same political party.

(6) A list of nominees for appointment may be submitted to the governor by the Montana farmers union, Montana farm bureau, Montana grange, Montana women involved in farm economics, and the Montana grain growers association. Names of nominees must be submitted not more than 90 days but not less than 30 days before the expiration of a member's term.

(7) The appointed members shall serve staggered terms of 3 years. A member may not serve more than three consecutive 3-year terms.

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

(9) A member who ceases to reside in the state or in the district from which the member was appointed or who ceases to grow wheat or barley in the state or district is disqualified from membership, and the office becomes vacant. If the member refuses to recognize the member's disqualification, the refusal is cause for removal.

(10) The committee is allocated to the department for administrative purposes only as provided in 2-15-121 .
Mont. Code Ann. § 2-15-108 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-108
2-15-108 Appointments and vacancies
Status: in_force

2-15-108 . Appointments and vacancies. The secretary of state shall publish in the Montana Administrative Register on a monthly basis the recent appointments made by the executive branch and the upcoming vacancies on executive boards and commissions.
Mont. Code Ann. § 2-15-3316 — MT Code / Title 2 / Chapter 15 / Part 33 / Section 2-15-3316
2-15-3316 Terminated
Status: in_force

2-15-3316 . Terminated. Sec. 15, Ch. 456, L. 1999.
Mont. Code Ann. § 2-9-526 — MT Code / Title 2 / Chapter 9 / Part 5 / Section 2-9-526
2-9-526 Effect of discharge of sureties
Status: in_force

2-9-526 . Effect of discharge of sureties. No surety must be released from damages or liabilities for acts, omissions, or causes existing or which arose before discharge of the surety as hereinbefore provided, but such legal proceedings may be had therefor in all respects as though no such discharge had been had.
Mont. Code Ann. § 2-18-720 — MT Code / Title 2 / Chapter 18 / Part 7 / Section 2-18-720
2-18-720 Insurance commissioner duties -- independent reviewer qualifications
Status: in_force

2-18-720 . Insurance commissioner duties -- independent reviewer qualifications. (1) The insurance commissioner shall:

(a) approve any independent reviewer that is eligible to adjudicate disputes under 2-18-715 through 2-18-720 ;

(b) maintain a list of independent reviewers eligible to adjudicate disputes under 2-18-715 through 2-18-720 ;

(c) terminate approval of an independent reviewer and remove the independent reviewer from the list of approved independent reviewers upon determining that an independent reviewer no longer meets the requirements to adjudicate disputes; and

(d) adopt rules necessary to implement 2-18-715 through 2-18-720 , including rules regarding discovery and other procedures regarding the dispute resolution process and eligibility of an independent reviewer.

(2) An individual is eligible to be an independent reviewer under 2-18-715 through 2-18-720 if the individual is knowledgeable and experienced in applicable principles of contract and insurance law.

(3) In approving an individual as an independent reviewer, the insurance commissioner shall ensure that the individual does not have a conflict of interest that would adversely impact the individual's independence and impartiality in rendering a decision in an independent dispute resolution procedure under 2-18-718 and 2-18-719 . A conflict of interest includes but is not limited to an ownership or direct familial interest in an insurer, a health care provider, or an air ambulance service that may be involved in an independent dispute resolution procedure under 2-18-718 and 2-18-719 .

(4) In approving an individual as an independent reviewer, the insurance commissioner may not approve an individual who is currently serving in any matter as a hearing officer for the commissioner.
Mont. Code Ann. § 2-17-804 — MT Code / Title 2 / Chapter 17 / Part 8 / Section 2-17-804
2-17-804 Council duties and responsibilities
Status: in_force

2-17-804 . Council duties and responsibilities. (1) The council shall:

(a) adopt an art and memorial plan for the placement of art and memorials in the capitol complex and on the capitol complex grounds;

(b) review proposals for long-term displays of up to 50 years, subject to renewal, in the capitol complex and on the capitol complex grounds and for the naming of state buildings, spaces, and rooms in the capitol complex;

(c) advise the legislature on the placement of busts, plaques, statues, memorials, monuments, or art displays of a long-term nature in public areas of the capitol complex and on the capitol complex grounds, including the executive residence and the original governor's mansion; and

(d) advise the department of administration on interior decoration of the capitol, grounds maintenance, and grounds displays.

(2) In advising the legislature on long-term displays, the council shall consider whether the bust, plaque, statue, memorial, monument, or art display:

(a) reasonably fits the long-range master plan for the capitol and adjacent grounds developed under 2-17-805 ;

(b) adversely alters the appearance of the capitol complex;

(c) unreasonably affects foot traffic on the capitol complex;

(d) adversely impacts existing maintenance programs or the utility infrastructure;

(e) recognizes a person or event of statewide significance and relevance;

(f) has artistic merit in design and construction;

(g) will be safely and aesthetically suited to the installation site; and

(h) has adequate funding for design, installation, and maintenance.

(3) The council shall report to the state administration and veterans' affairs interim committee in accordance with 5-11-210 on requests that the council has reviewed for naming buildings, spaces, and rooms and for placing items in the capitol complex or on the capitol complex grounds. The report must include a recommendation to the committee on whether reviewed requests meet the criteria established by this part and whether legislation is needed. If a request meets the criteria, the council shall recommend a timeframe during which the project should be authorized.
Mont. Code Ann. § 2-15-1764 — MT Code / Title 2 / Chapter 15 / Part 17 / Section 2-15-1764
2-15-1764 State electrical board
Status: in_force

2-15-1764 . State electrical board. (1) In accordance with 37-1-123 , there is a state electrical board.

(2) The board consists of five members:

(a) one master electrician;

(b) one journeyman electrician;

(c) one electrician who is a master licensed electrician or a licensed electrician who holds an unlimited electrical contractor license; and

(d) two public members.

(3) The board is allocated to the department as prescribed in 2-15-121 .