Mont. Code Ann. § 5-5-235 — MT Code / Title 5 / Chapter 5 / Part 2 / Section 5-5-235
5-5-235 Montana criminal justice oversight council -- duties -- membership
Status: in_force

5-5-235 . Montana criminal justice oversight council -- duties -- membership. (1) (a) There is a Montana criminal justice oversight council. The council consists of 18 members as follows:

(i) two members of the house of representatives, one selected by the speaker of the house and one selected by the house minority leader; and

(ii) two members of the senate, one selected by the president of the senate and one selected by the senate minority leader;

(iii) one district court judge and one judge who presides over a city or municipal court or who is a justice of the peace, both of whom must be selected by the chief justice of the Montana supreme court;

(iv) the attorney general or the attorney general's designee;

(v) the director of the department of corrections;

(vi) the director of the office of state public defender;

(vii) the director of the department of public health and human services;

(viii) a county sheriff and a county attorney appointed by the attorney general; and

(ix) the following individuals appointed by the governor:

(A) one member of a federally recognized Indian tribe located within the boundaries of the state of Montana who has expertise in criminal justice;

(B) one member of the board of pardons and parole;

(C) one representative of crime victims who also serves on the board of crime control established in 2-15-2008 ;

(D) one representative of civil rights advocates; and

(E) two representatives of community corrections providers, one of whom must represent a treatment facility and one of whom must represent a prerelease center.

(b) When appointing members as required in subsection (1)(a), the governor and attorney general shall consider appointing individuals who also serve on the board of crime control established in 2-15-2008 .

(2) The legislative services division shall provide clerical and administrative staff services to the council.

(3) The council shall elect a presiding officer, who must be a legislator.

(4) The council shall:

(a) provide direction and recommendations to the board of crime control regarding data to be included in the criminal justice data warehouse established in 44-7-126 and policies to govern the use of and priorities for the criminal justice data warehouse;

(b) study and recommend solutions to address issues facing the criminal justice system and its constituent state and local agencies;

(c) monitor the functioning of the criminal justice system; and

(d) make recommendations to the legislature to address system issues proactively, manage limited resources, improve workloads, make improvements to state and local criminal justice systems, meaningfully address crime, and enhance public safety.

(5) The council shall submit a report to the governor and legislature in accordance with 5-11-210 . The report must include a description of the council's proceedings since the previous report.

(6) The council may request legislation to enact changes to the state's criminal justice system that the council finds necessary.

(7) The judicial branch, the department of corrections, the department of public health and human services, the board of pardons and parole, and the legislative services and fiscal divisions shall provide information and assistance as requested by the council.

(8) A vacancy on the council must be filled in the manner of the original appointment. If a vacancy on the council remains unfilled by the appropriate appointing authority for more than 60 days, the council may vote to appoint a member to serve on the council until the appropriate appointing authority makes an appointment.

(9) Council members must be reimbursed for travel expenses as provided in 2-18-501 through 2-18-503 . Members of the council who are full-time salaried officers or employees of this state or any political subdivision are entitled to their regular compensation. Legislative members must be compensated as provided in 5-2-302 .

(10) The council shall provide updates to the law and justice interim committee and the legislative finance committee as requested.
Mont. Code Ann. § 5-4-206 — MT Code / Title 5 / Chapter 4 / Part 2 / Section 5-4-206
5-4-206 Background information to legislators on request
Status: in_force

5-4-206 . Background information to legislators on request. The budget director shall make available on request to any member of the legislature all background information used in developing a fiscal note.
Mont. Code Ann. § 5-11-222 — MT Code / Title 5 / Chapter 11 / Part 2 / Section 5-11-222
5-11-222 Reports to legislature
Status: in_force

5-11-222 . Reports to legislature. (1) (a) Except as provided in subsections (1)(b) and (5), a report to the legislature means a biennial report required by the legislature and filed in accordance with 5-11-210 on or before September 1 of each year preceding the convening of a regular session of the legislature.

(b) If otherwise specified in law, a report may be required more or less frequently than the biennial requirement in subsection (1)(a).

(2) Reports to the legislature include:

(a) annual reports on the unified investment program for public funds and public retirement systems and state compensation insurance fund assets audits from the board of investments in accordance with Article VIII, section 13, of the Montana constitution;

(b) activities of the state records committee in accordance with 2-6-1108 ;

(c) revenue studies from the director of revenue, if requested, in accordance with 2-7-104 ;

(d) legislative audit reports from the legislative audit division in accordance with 2-8-112 and 23-7-410 ;

(e) the annual performance report of each department to the appropriate interim budget committee and legislative policy interim committee in accordance with 2-12-105 ;

(f) a mental health report from the ombudsman in accordance with 2-15-210 ;

(g) watercourse name changes, if any, from the secretary of state in accordance with 2-15-401 ;

(h) results of programs established in 2-15-3111 through 2-15-3113 from the livestock loss board in accordance with 2-15-3113 ;

(i) the allocation of space report from the department of administration required in accordance with 2-17-101 ;

(j) information technology activities in accordance with 2-17-512 ;

(k) state strategic information technology plan exceptions, if granted, from the department of administration in accordance with 2-17-515 ;

(l) the state strategic information technology plan and biennial report from the department of administration in accordance with 2-17-521 and 2-17-522 ;

(m) reports from standing, interim, and administrative committees, if prepared, in accordance with 2-17-825 and 5-5-216 ;

(n) statistical and other data related to business transacted by the courts from the court administrator, if requested, in accordance with 3-1-702 ;

(o) the judicial standards commission report in accordance with 3-1-1126 ;

(p) an annual report on the actual cost of legislation that had a projected fiscal impact from the office of budget and program planning in accordance with 5-4-208 ;

(q) Montana criminal justice oversight council reports in accordance with 5-5-235 ;

(r) reports prepared by the legislative fiscal analyst, and as determined by the analyst, in accordance with 5-12-302 (4);

(s) a report, if necessary, on administrative policies or rules adopted under 5-11-105 that may impair the independence of the legislative audit division in accordance with 5-13-305 ;

(t) if a waste of state resources occurs, a report from the legislative state auditor, in accordance with 5-13-311 ;

(u) school funding commission reports each fifth interim in accordance with 5-20-301 ;

(v) a comprehensive reconciliation report after an election from the secretary of state in accordance with 13-15-113 ;

(w) a report of political committee operations conducted on state-owned property, if required, from a political committee to the legislative services division in accordance with 13-37-404 ;

(x) a report concerning taxable value from the department of revenue in accordance with 15-1-205 ;

(y) a report on tax credits from the revenue interim committee in accordance with 15-30-2303 ;

(z) general marijuana regulation reports and medical marijuana registry reports from the department of revenue in accordance with 16-12-110 ;

(aa) loans or loan extensions authorized for two consecutive fiscal years from the department of administration and office of commissioner of higher education, including negative cash balances from the commissioner of higher education, in accordance with 17-2-107 ;

(bb) a report of local government entities that have balances contrary to limitations provided for in 17-2-302 or that failed to reduce the charge from the department of administration in accordance with 17-2-304 ;

(cc) an annual report from the board of investments in accordance with 17-5-1650 (2);

(dd) a quarterly report from the office of budget and program planning to the legislative finance committee identifying the amount and the type of debt payoff or other expenditure from the debt and liability free account in accordance with 17-6-214 ;

(ee) a report on retirement system trust investments and benefits from the board of investments in accordance with 17-6-230 ;

(ff) recommendations for reductions in spending and related analysis, if required, from the office of budget and program planning in accordance with 17-7-140 ;

(gg) a statewide facility inventory and condition assessment from the department of administration in accordance with 17-7-202 ;

(hh) a quarterly report on procurement solicitations and contracts from the department of administration in accordance with 18-4-128 ;

(ii) actuary reports and investigations for public retirement systems from the public employees' retirement board in accordance with 19-2-405 ;

(jj) a work report from the public employees' retirement board in accordance with 19-2-407 ;

(kk) annual actuarial reports and evaluations from the teachers' retirement board in accordance with 19-20-201 ;

(ll) reports from the state director of K-12 career and vocational and technical education, as requested, in accordance with 20-7-308 ;

(mm) 4-year state plan for career and technical education reports from the board of regents in accordance with 20-7-330 ;

(nn) a gifted and talented students report from the office of public instruction in accordance with 20-7-904 ;

(oo) status changes for at-risk students from the office of public instruction in accordance with 20-9-328 ;

(pp) status changes for American Indian students from the office of public instruction in accordance with 20-9-330 ;

(qq) reports regarding the Montana Indian language preservation program from the office of public instruction in accordance with 20-9-537 ;

(rr) proposals for funding community colleges from the board of regents in accordance with 20-15-309 ;

(ss) expenditures and activities of the Montana agricultural experiment station and extension service, as requested, in accordance with 20-25-236 ;

(tt) reports, if requested by the legislature, from the president of each of the units of the higher education system in accordance with 20-25-305 ;

(uu) reports, if prepared by a public postsecondary institution, regarding free expression activities on campus in accordance with 20-25-1506 ;

(vv) reports from the Montana historical society trustees in accordance with 22-3-107 ;

(ww) state lottery reports in accordance with 23-7-202 ;

(xx) state fund reports, if required, from the commissioner in accordance with 33-1-115 ;

(yy) reports from the department of labor and industry in accordance with 39-6-101 ;

(zz) victim unemployment benefits reports from the department of labor and industry in accordance with 39-51-2111 ;

(aaa) state fund business reports in accordance with 39-71-2363 ;

(bbb) risk-based capital reports, if required, from the state fund in accordance with 39-71-2375 ;

(ccc) child custody reports from the office of the court administrator in accordance with 41-3-1004 ;

(ddd) reports of remission of fine or forfeiture, respite, commutation, or pardon granted from the governor in accordance with 46-23-316 ;

(eee) annual statewide public defender reports from the office of state public defender in accordance with 47-1-125 ;

(fff) a trauma care system report from the department of public health and human services in accordance with 50-6-402 ;

(ggg) an annual report on chemical abortion data from the department of public health and human services in accordance with 50-20-709 ;

(hhh) medicaid block grant reports from the department of public health and human services in accordance with 53-1-611 ;

(iii) reports on the approval and implementation status of medicaid section 1115 waivers in accordance with 53-2-215 ;

(jjj) provider rate, medicaid waiver, or medicaid state plan change reports from the department of public health and human services in accordance with 53-6-101 ;

(kkk) medicaid funding reports from the department of public health and human services in accordance with 53-6-110 ;

(lll) reports on toxicology and prescription drug registry information from the suicide prevention officer in accordance with 53-21-1101 ;

(mmm) suicide reduction plans from the department of public health and human services in accordance with 53-21-1102 ;

(nnn) annual compliance reports from certifying organizations to the criminal justice oversight council in accordance with 53-24-311 ;

(ooo) a compliance and inspection report from the department of corrections in accordance with 53-30-604 ;

(ppp) emergency medical services grants from the department of transportation in accordance with 61-2-109 ;

(qqq) annual financial reports on the environmental contingency account from the department of environmental quality in accordance with 75-1-1101 ;

(rrr) a report from the land board, if prepared, in accordance with 76-12-109 ;

(sss) an annual report on expenditures made from the fire suppression account in 76-13-150 from the department of natural resources and conservation in accordance with 76-13-152 ;

(ttt) an annual state trust land report from the land board in accordance with 77-1-223 ;

(uuu) a noxious plant report, if prepared, from the department of agriculture in accordance with 80-7-713 ;

(vvv) reports on the allocation of renewable resources grants and loans for emergencies, if required, from the department of natural resources and conservation in accordance with 85-1-605 ;

(www) water storage projects from the governor's office in accordance with 85-1-704 ;

(xxx) upper Clark Fork River basin steering committee reports, if prepared, in accordance with 85-2-338 ;

(yyy) upland game bird enhancement program reports in accordance with 87-1-250 ;

(zzz) private land/public wildlife advisory committee reports in accordance with 87-1-269 ;

(aaaa) a future fisheries improvement program report from the department of fish, wildlife, and parks in accordance with 87-1-272 ;

(bbbb) license revenue recommendations from the department of fish, wildlife, and parks in accordance with 87-1-629 ;

(cccc) reports from the department of fish, wildlife, and parks on conservation licenses sold and revenue received in accordance with 87-2-201 ;

(dddd) an annual report from the Montana-Ireland trade commission in accordance with 90-1-159 ;

(eeee) hydrocarbon and geology investigation reports from the bureau of mines and geology in accordance with 90-2-201 ;

(ffff) coal ash markets investigation reports from the department of commerce in accordance with 90-2-202 ;

(gggg) an annual report from the pacific northwest electric power and conservation planning council in accordance with 90-4-403 ;

(hhhh) community property-assessed capital enhancements program reports from the Montana facility finance authority in accordance with 90-4-1303 ;

(iiii) veterans' home loan mortgage loan reports from the board of housing in accordance with 90-6-604 ;

(jjjj) matching infrastructure planning grant awards by the department of commerce in accordance with 90-6-703 (3); and

(kkkk) Montana coal endowment program reports from the department of commerce in accordance with 90-6-710 .

(3) Reports to the legislature include reports made to an interim committee as follows:

(a) reports to the law and justice interim committee, including:

(i) a report on fentanyl-related mandatory minimums from the attorney general in accordance with 2-15-505 ;

(ii) findings of the domestic violence fatality review commission in accordance with 2-15-2017 ;

(iii) reports on district court judge caseload and substitutions from the office of court administrator in accordance with 3-1-713 ;

(iv) information on the Montana False Claims Act from the department of justice in accordance with 17-8-416 ;

(v) a biennial report on the services provided by the office of reentry services from the department of labor and industry in accordance with 39-11-501 ;

(vi) annual case status reports from the attorney general in accordance with 41-3-210 ;

(vii) an annual report from the department of public health and human services on the number of referrals to county attorneys pursuant to 41-3-202 (1)(b)(i) in accordance with 41-3-211 ;

(viii) office of court administrator reports in accordance with 41-5-2003 ;

(ix) reports on pending investigations from the public safety officer standards and training council in accordance with 44-4-408 ;

(x) statewide public safety communications system activities from the department of justice in accordance with 44-4-1606 ;

(xi) the annual report on the activities of the sexual assault response network program and the sexual assault response team committee from the department of justice in accordance with 44-4-1705 ;

(xii) reports on the status of the crisis intervention team training program from the board of crime control in accordance with 44-7-110 ;

(xiii) restorative justice grant program status and performance from the board of crime control in accordance with 44-7-302 ;

(xiv) law enforcement agency facial recognition technology use reports from the department of justice in accordance with 44-15-111 (3);

(xv) reports on third-party vendors providing facial recognition services to state agencies reports in accordance with 44-15-111 (4)(b);

(xvi) reports on offenders under supervision with new offenses or violations from the department of corrections in accordance with 46-23-1016 ;

(xvii) supervision responses grid reports from the department of corrections in accordance with 46-23-1028 ;

(xviii) statewide public defender reports and information from the office of state public defender in accordance with 47-1-125 ;

(xix) every 5 years, a percentage change in public defender funding report from the legislative fiscal analyst in accordance with 47-1-125 ;

(xx) every 5 years, statewide public defender reports on the percentage change in funding from the office of state public defender in accordance with 47-1-125 ;

(xxi) an annual report of aggregated information on cases of exploited incapacitated or vulnerable adults from the attorney general in accordance with 52-3-816 ;

(xxii) a biennial report on the number of referrals to county attorneys for certain suspected offenses against incapacitated or vulnerable adults from the department of public health and human services in accordance with 52-3-817 ; and

(xxiii) a report from the quality assurance unit from the department of corrections in accordance with 53-1-211 ;

(b) reports to the state administration and veterans' affairs interim committee, including:

(i) a report that includes information technology activities and additional information from the information technology board in accordance with 2-17-512 and 2-17-513 ;

(ii) a report from the capitol complex advisory council in accordance with 2-17-804 ;

(iii) a report on the employee incentive award program from the department of administration in accordance with 2-18-1103 ;

(iv) a board of veterans' affairs report in accordance with 10-2-102 ;

(v) a report on the decennial veterans' long-term care needs study from the department of public health and human services and the Montana veterans' affairs division in accordance with 10-2-903 ;

(vi) a report on grants to the Montana civil air patrol from the department of military affairs in accordance with 10-3-802 ;

(vii) annual reports on statewide election security from the secretary of state in accordance with 13-1-205 ;

(viii) reports on money received in the special account for implementing the Help America Vote Act from the secretary of state in accordance with 13-1-209 ;

(ix) a report regarding the youth voting program, if requested, from the secretary of state in accordance with 13-22-108 ;

(x) a report from the commissioner of political practices in accordance with 13-37-120 ;

(xi) a report on retirement system trust investments from the board of investments in accordance with 17-6-230 ;

(xii) actuarial valuations and other reports from the public employees' retirement board in accordance with 19-2-405 and 19-3-117 ;

(xiii) actuarial valuations and other reports from the teachers' retirement board in accordance with 19-20-201 and 19-20-216 ;

(xiv) a report on the reemployment of retired members of the teachers' retirement system from the teachers' retirement board in accordance with 19-20-732 ;

(xv) a biennial report regarding the reemployment of certain retirees by the superintendent of public instruction from the teachers' retirement board in accordance with 19-20-735 ; and

(xvi) changes, if any, affecting filing-office rules under the Uniform Commercial Code from the secretary of state in accordance with 30-9A-527 ;

(c) reports to the children, families, health, and human services interim committee, including:

(i) an annual report from the rare disease advisory council on how it is addressing the needs of people living with rare diseases in accordance with 2-15-2232 ;

(ii) a report from the department of public health and human services on the programs, grants, and services funded under the healing and ending addiction through recovery and treatment account in 16-12-122 ;

(iii) Montana foster youth higher education assistance program grant reports from the commissioner of higher education in accordance with 20-26-633 ;

(iv) prescription drug registry reports from the board of pharmacy in accordance with 37-7-1514 ;

(v) Montana HELP Act workforce development reports from the department of public health and human services in accordance with 39-12-103 ;

(vi) reports from the department of public health and human services on the department's efforts regarding the volunteer program to support child protective services activities in accordance with 41-3-132 ;

(vii) an annual report on expungements from the statewide central registry from the department of public health and human services in accordance with 41-3-902 ;

(viii) annual reports from the child and family ombudsman in accordance with 41-3-1211 ;

(ix) reports on activities and recommendations on child protective services activities, if required, from the child and family ombudsman in accordance with 41-3-1215 ;

(x) an annual report on the use of funds in the insurance premium support account from the department of public health and human services in accordance with 50-5-252 ;

(xi) reports on the out-of-state placement of high-risk children with multiagency service needs from the department of public health and human services in accordance with 52-2-311 ;

(xii) private alternative adolescent residential and outdoor programs reports from the department of public health and human services in accordance with 52-2-803 ;

(xiii) an annual report on the services and activities funded by the Montana early childhood account from the department of public health and human services in accordance with 52-2-1003 ;

(xiv) a detailed annual report on each grant funded by the Montana early childhood account from the department of public health and human services in accordance with 52-2-1005 ;

(xv) provider rate, medicaid waiver, or medicaid state plan change reports from the department of public health and human services in accordance with 53-6-101 ;

(xvi) a report concerning mental health managed care services, if managed care is in place, from the advisory council in accordance with 53-6-710 ;

(xvii) quarterly medicaid reports related to expansion from the department of public health and human services in accordance with 53-6-1325 ;

(xviii) a report on the adequacy of current medicaid rates compared to reported medicaid service provider costs from the department of public health and human services in accordance with 53-6-1604 ;

(xix) annual Montana developmental center reports from the department of public health and human services in accordance with 53-20-225 ;

(xx) a biennial report on the number of individuals committed to and detained in facilities from the department of public health and human services in accordance with 53-21-155 ;

(xxi) annual children's mental health outcomes from the department of public health and human services in accordance with 53-21-508 ;

(xxii) a quarterly report on the implementation of certified community behavioral health clinics from the department of public health and human services in accordance with 53-21-1014 ; and

(xxiii) suicide reduction plans from the department of public health and human services in accordance with 53-21-1102 ;

(d) reports to the economic affairs interim committee, including:

(i) the annual state compensation insurance fund budget from the board of directors in accordance with 5-5-223 and 39-71-2363 ;

(ii) medical marijuana registry reports from the department of revenue in accordance with 16-12-110 ;

(iii) general marijuana regulation reports from the department of revenue in accordance with 16-12-110 (3);

(iv) annual reports on complaints against physicians certifying medical marijuana use from the board of medical examiners in accordance with 16-12-110 (6);

(v) an annual report on the administrative rate required from the department of commerce from the Montana heritage preservation and development commission in accordance with 22-3-1002 ;

(vi) biennial reports from the department of labor and industry on weighing device license fees and cost increases in accordance with 30-12-203 ;

(vii) state fund reports from the insurance commissioner, if required, in accordance with 33-1-115 ;

(viii) risk-based capital reports, if required, from the state fund in accordance with 33-1-115 and 39-71-2375 ;

(ix) annual reinsurance reports from the Montana reinsurance association board required in accordance with 33-22-1308 ;

(x) a biennial report on dental insurance programs from the commissioner of securities and insurance in accordance with 33-22-2203 ;

(xi) a biennial report on licensing boards from the department of labor and industry in accordance with 37-1-106 ;

(xii) annual reports on physician complaints related to medical marijuana from the board of medical examiners in accordance with 37-3-203 ;

(xiii) prescription drug registry reports from the board of pharmacy in accordance with 37-7-1514 ;

(xiv) status reports on the special revenue account and fees charged as a funding source from the board of funeral service in accordance with 37-19-204 ;

(xv) law enforcement agency facial recognition technology use reports from the department of justice in accordance with 44-15-111 (3);

(xvi) reports on third-party vendors providing facial recognition services to state agencies reports in accordance with 44-15-111 (4)(b);

(xvii) a report on the funding level of the Colstrip water infrastructure mitigation account from the department of environmental quality in accordance with 75-8-305 ; and

(xviii) status reports on the distressed wood products industry revolving loan program from the department of commerce in accordance with 90-1-503 ;

(e) reports to the education interim committee, including:

(i) reemployment of retired teachers, specialists, and administrators reports from the retirement board in accordance with 19-20-732 ;

(ii) a biennial report regarding the reemployment of certain retirees by the superintendent of public instruction from the teachers' retirement board in accordance with 19-20-735 ;

(iii) a report on participation in the interstate compact on educational opportunity for military children in accordance with 20-1-231 ;

(iv) an annual report of the feedback on education in American Indian studies from the office of public instruction in accordance with 20-1-503 ;

(v) grow your own grant program reports from the commissioner of higher education in accordance with 20-4-601 ;

(vi) reports on out-of-district attendance from the superintendent of public instruction in accordance with 20-5-324 ;

(vii) reports from the education and workforce data governing board in accordance with 20-7-138 ;

(viii) state-level strengthening career and technical student organizations program reports from the superintendent of public instruction in accordance with 20-7-320 ;

(ix) a report from the superintendent of public instruction concerning educational programs for eligible children receiving in-state inpatient treatment of serious emotional disturbances in accordance with 20-7-435 ;

(x) reports from the Montana digital academy governing board in accordance with 20-7-1201 ;

(xi) advanced opportunity program reports from the board of public education in accordance with 20-7-1506 ;

(xii) progress on transformational learning plans from the board of public education in accordance with 20-7-1602 ;

(xiii) transformational learning phase II grant program report from the office of public instruction in accordance with 20-7-1605 ;

(xiv) reports on early targeted interventions from the superintendent of public instruction in accordance with 20-7-1804 ;

(xv) budget amendments, if needed, from school districts in accordance with 20-9-161 ;

(xvi) a biennial report on educational relevance in the implementation of 20-9-326 from the superintendent of public instruction in accordance with 20-9-326 ;

(xvii) reports regarding the Montana Indian language preservation program from the office of public instruction in accordance with 20-9-537 ;

(xviii) annual Montana resident student financial aid program reports from the commissioner of higher education in accordance with 20-26-105 ;

(xix) Montana foster youth higher education assistance program grant reports from the commissioner of higher education in accordance with 20-26-633 ;

(xx) a historic preservation office report from the historic preservation officer in accordance with 22-3-423 ;

(xxi) interdisciplinary child information agreement reports from the office of public instruction in accordance with 52-2-211 ; and

(xxii) an annual report on the services and activities funded by the Montana early childhood account from the department of public health and human services in accordance with 52-2-1003 ;

(f) reports to the energy and technology interim committee, including:

(i) a report from the state library on GIS readiness in Montana as it pertains to next-generation 9-1-1 GIS in accordance with 10-4-310 ;

(ii) the high-performance building report from the department of administration in accordance with 17-7-214 ;

(iii) an annual report from the consumer counsel in accordance with 69-1-222 ;

(iv) annual universal system benefits reports from utilities, electric cooperatives, and the department of revenue in accordance with 69-8-402 ; and

(v) geothermal reports from the Montana bureau of mines and geology in accordance with 90-3-1301 ;

(g) reports to the revenue interim committee, including:

(i) use of the qualified endowment tax credit report from the department of revenue in accordance with 15-1-230 ;

(ii) information on exempt property reviewed during the biennium from the department of revenue in accordance with 15-6-237 ;

(iii) tax rates for the upcoming reappraisal cycle from the department of revenue in accordance with 15-7-111 ;

(iv) information about job growth incentive tax credits from the department of revenue in accordance with 15-30-2361 ;

(v) student scholarship contributions from the department of revenue in accordance with 15-30-3112 ;

(vi) media production tax credit economic impact reports from the department of commerce in accordance with 15-31-1011 ;

(vii) biennial forest lands taxation advisory committee reports in accordance with 15-44-103 ; and

(viii) reports that actual or projected receipts will result in less revenue than estimated from the office of budget and program planning, if necessary, in accordance with 17-7-140 ;

(h) reports to the transportation interim committee, including cooperative agreement negotiations from the department of transportation in accordance with 15-70-450 ;

(i) reports to the environmental quality council, including:

(i) the state solid waste management and resource recovery plan, every 5 years, from the department of environmental quality in accordance with 75-10-111 ;

(ii) annual orphan share reports from the department of environmental quality in accordance with 75-10-743 ;

(iii) Libby asbestos superfund oversight committee reports in accordance with 75-10-1601 ;

(iv) annual subdivision sanitation reports from the department of environmental quality in accordance with 76-4-116 ;

(v) quarterly reports from the department of environmental quality on the number and percentage of overdue files in accordance with 76-4-116 ;

(vi) biennially invasive species reports from the departments of fish, wildlife, and parks and natural resources and conservation in accordance with 80-7-1006 ;

(vii) annual invasive species council reports in accordance with 80-7-1203 ;

(viii) sand and gravel reports, if an investigation is completed, in accordance with 82-2-701 ;

(ix) reports from the western Montana conservation commission in accordance with 85-1-904 ;

(x) annual sage grouse population reports from the department of fish, wildlife, and parks in accordance with 87-1-201 ;

(xi) annual gray wolf management reports from the department of fish, wildlife, and parks in accordance with 87-1-901 ;

(xii) wildlife habitat improvement project reports from the department of fish, wildlife, and parks in accordance with 87-5-807 ; and

(xiii) annual sage grouse oversight team activities and staffing reports in accordance with 87-5-918 ;

(j) reports to the water policy interim committee, including:

(i) drought and water supply advisory committee reports in accordance with 2-15-3308 ;

(ii) total maximum daily load reports from the department of environmental quality in accordance with 75-5-703 ;

(iii) renewable resource grant and loan program reports from the department of natural resources and conservation in accordance with 85-1-621 ;

(iv) reports from the western Montana conservation commission in accordance with 85-1-904 ;

(v) quarterly adjudication reports from the department of natural resources and conservation and the water court in accordance with 85-2-281 ;

(vi) water reservation reports from the department of natural resources and conservation in accordance with 85-2-316 ;

(vii) instream flow reports from the department of fish, wildlife, and parks in accordance with 85-2-436 ;

(viii) ground water investigation program reports from the bureau of mines and geology in accordance with 85-2-525 ;

(ix) an annual report on temporary leases of appropriation rights from the department of natural resources and conservation in accordance with 85-3-428 ; and

(x) biennial reports on forest service applications for state water reservations from the department of natural resources and conservation in accordance with 85-20-1401 ;

(k) reports to the local government interim committee, including:

(i) reports from the local government center on petitions received that resulted in the development and delivery of training in accordance with 7-1-206 ;

(ii) biennial reports on experimental wastewater system component review from the department of environmental quality in accordance with 76-4-104 ;

(iii) sand and gravel, if an investigation is completed, in accordance with 82-2-701 ; and

(iv) emergency financial assistance to local government reports from the department of commerce, if requests are made, in accordance with 90-6-703 (2); and

(l) reports to the state-tribal relations committee, including:

(i) an annual summary of agency reports on tribal entity funding from the office of budget and program planning in accordance with 17-2-502 ;

(ii) an annual report of the feedback on education in American Indian studies from the office of public instruction in accordance with 20-1-503 ;

(iii) the Montana Indian language preservation program report from the office of public instruction in accordance with 20-9-537 ;

(iv) reports from the missing and murdered indigenous persons advisory council in accordance with 44-2-411 ;

(v) a report from the department of justice on missing persons response team training grants awarded in accordance with 44-2-416 ;

(vi) state-tribal economic development commission activities reports from the state-tribal economic development commission in accordance with 90-1-132 ; and

(vii) state-tribal economic development commission reports provided regularly by the state director of Indian affairs in accordance with 90-11-102 .

(4) Reports to the legislature include multistate compact and agreement reports, including:

(a) multistate tax compact reports in accordance with 15-1-601 ;

(b) interstate compact on educational opportunity for military children reports in accordance with 20-1-230 and 20-1-231 ;

(c) compact for education reports in accordance with 20-2-501 ;

(d) Western regional higher education compact reports in accordance with 20-25-801 ;

(e) interstate insurance product regulation compact reports in accordance with 33-39-101 ;

(f) interstate medical licensure compact reports in accordance with 37-3-356 ;

(g) interstate compact on juveniles reports in accordance with 41-6-101 ;

(h) interstate compact for adult offender supervision reports in accordance with 46-23-1115 ;

(i) vehicle equipment safety compact reports in accordance with 61-2-201 ;

(j) multistate highway transportation agreement reports in accordance with 61-10-1101 ; and

(k) western interstate nuclear compact reports in accordance with 90-5-201 .

(5) Reports, transfers, statements, assessments, recommendations and changes required under 17-7-138 , 17-7-139 , 17-7-140 , 19-2-405 , 19-2-407 , 19-3-117 , 19-20-201 , 19-20-216 , 23-7-202 , 33-1-115 , and 39-71-2375 must be provided as soon as the report is published and publicly available. Reports required in subsections (2)(a), (2)(cc), (2)(ee), and (3)(b)(xi) must be provided following issuance of reports issued under Title 5, chapter 13.
Mont. Code Ann. § 5-5-402 — MT Code / Title 5 / Chapter 5 / Part 4 / Section 5-5-402
5-5-402 Sole power of impeachment
Status: in_force

5-5-402 . Sole power of impeachment. The sole power of impeachment vests in the house of representatives, the concurrence of two-thirds of all the members being necessary to the exercise thereof.
Mont. Code Ann. § 5-5-228 — MT Code / Title 5 / Chapter 5 / Part 2 / Section 5-5-228
5-5-228 State administration and veterans' affairs interim committee
Status: in_force

5-5-228 . State administration and veterans' affairs interim committee. (1) The state administration and veterans' affairs interim committee has administrative rule review, draft legislation review, program evaluation, and monitoring functions for the public employee retirement plans and for the following executive branch agencies and, unless otherwise assigned by law, the entities attached to the agencies for administrative purposes:

(a) department of administration, except:

(i) the state compensation insurance fund provided for in 39-71-2313 , including the board of directors of the state compensation insurance fund established in 2-15-1019 ;

(ii) the Montana tax appeal board established in 2-15-1015 ;

(iii) the division of banking and financial institutions; and

(iv) the office of state public defender;

(b) department of military affairs; and

(c) office of the secretary of state.

(2) The committee shall:

(a) consider the actuarial and fiscal soundness of the state's public employee retirement systems, based on reports from the teachers' retirement board, the public employees' retirement board, and the board of investments, and study and evaluate the equity and benefit structure of the state's public employee retirement systems;

(b) establish principles of sound fiscal and public policy as guidelines;

(c) as necessary, develop legislation to keep the retirement systems consistent with sound policy principles; and

(d) publish, for legislators' use, information on the public employee retirement systems that the committee considers will be valuable to legislators when considering retirement legislation.

(3) The committee may:

(a) specify the date by which retirement board proposals affecting a retirement system must be submitted to the committee for the review pursuant to subsection (1); and

(b) request personnel from state agencies, including boards, political subdivisions, and the state public employee retirement systems, to furnish any information and render any assistance that the committee may request.
Mont. Code Ann. § 5-2-205 — MT Code / Title 5 / Chapter 2 / Part 2 / Section 5-2-205
5-2-205 Authority for standing committees to meet during interim
Status: in_force

5-2-205 . Authority for standing committees to meet during interim. (1) Except as provided in 5-2-202 , 5-12-501 through 5-12-504 , and subsections (2) and (3) of this section, a standing committee of the legislature, as provided for in legislative rules, may not meet during the interim between regular legislative sessions.

(2) Upon approval of the president of the senate or the speaker of the house of representatives, a standing committee may meet before a special session, as provided in 5-3-101 , or during a special session.

(3) An ethics committee provided for in 2-2-135 may meet at any time during the session or the interim.
Mont. Code Ann. § 5-11-211 — MT Code / Title 5 / Chapter 11 / Part 2 / Section 5-11-211
5-11-211 Definitions
Status: in_force

5-11-211 . Definitions. For the purposes of this part, the following definitions apply:

(1) "One complete set" means one copy of each item of the proceedings of a session, regular or special, of the legislature.

(2) "Person" means any person, firm, corporation, or association.

(3) "Proceedings of the legislature" means status sheets, daily journals, reproduced bills, reproduced resolutions, printed bills, printed resolutions, and amendments thereto, together with such other related documents as the legislative council may choose to include.

(4) "Session Laws" for a particular year means the laws and resolutions passed or adopted by that year's session of the legislature.
Mont. Code Ann. § 5-7-202 — MT Code / Title 5 / Chapter 7 / Part 2 / Section 5-7-202
5-7-202 Docket -- public record
Status: in_force

5-7-202 . Docket -- public record. Such docket shall be a public record and open to the inspection of any individual upon demand at any time during the regular business hours of the office of the commissioner.
Mont. Code Ann. § 5-1-201 — MT Code / Title 5 / Chapter 1 / Part 2 / Section 5-1-201
5-1-201 Definitions
Status: in_force

5-1-201 . Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Center" means the state census and economic information center established in 90-1-109 .

(2) "Department" means the department of corrections established in 2-15-2301 .

(3) "Federal correctional facility" means a prison or correctional facility owned by or contracting with the United States government to incarcerate individuals convicted of a criminal offense.

(4) "Last known address" means an individual's last known complete street or physical address prior to the individual's incarceration. An individual's last known address is presumed to be outside of the state prison or federal correctional facility in which the individual is held.

(5) "Local government district" means a district based on population that is maintained by a local government primarily for election purposes and that must be substantially equal in population under the 14th amendment to the United States constitution.

(6) "State prison" means a facility listed in 53-30-101 (1), (2), or (4).
Mont. Code Ann. § 5-1-205 — MT Code / Title 5 / Chapter 1 / Part 2 / Section 5-1-205
5-1-205 Redistricting population data
Status: in_force

5-1-205 . Redistricting population data. (1) The center shall prepare redistricting population data that reflects an incarcerated individual at the individual's last known address pursuant to 5-1-206 .

(2) The districting and apportionment commission shall use the data to form congressional, state house, or state senate districts.

(3) A local government shall use the data to form local government districts that are based on population. An incarcerated individual whose address prior to incarceration is unknown, as determined pursuant to 5-1-206 , may not be included in the calculation used to determine the ideal population of a local government district.
Mont. Code Ann. § 5-2-204 — MT Code / Title 5 / Chapter 2 / Part 2 / Section 5-2-204
5-2-204 Legislative constituent services allowance, stipend, and reimbursement
Status: in_force

5-2-204 . Legislative constituent services allowance, stipend, and reimbursement. (1) Each legislator is entitled to an allowance or stipend of $3,000 in a biennium for providing constituent services and authorized activities related to serving in the legislature. A legislator shall elect between receiving an allowance or a stipend before receiving a payment under either method. If a legislator elects to receive an allowance, the legislator shall apply for reimbursement to the legislative services division by submitting written documentation. The allowance amount may be used for the following authorized activities that are not otherwise reimbursed:

(a) mileage and lodging at rates provided for in 2-18-501 and 2-18-503 for authorized activities;

(b) meals at rates provided for in 2-18-501 and 2-18-502 when a legislator is in a travel status for authorized activities;

(c) communication and information technology expenses, including internet charges, computer hardware and software, postage for authorized activities, and preparation, printing, and postage costs related to educational material as provided in subsection (7); and

(d) education-related expenses related to attending meetings for interstate and intrastate organizations that provide opportunities for legislators to participate in policy and civic educational activities. Education-related expenses under this subsection (1)(d) include transportation, meals, and lodging at rates provided for in subsections (1)(a) and (1)(b) and for registration costs.

(2) The following activities are prohibited from reimbursement and may not be paid for from the stipend:

(a) except as provided in subsection (7), expenses related to election communications or electioneering communications, as those terms are defined in 13-1-101 ;

(b) contributions, expenditures, or other expenses related to participation in a political committee, as the terms "contribution", "expenditure", and "political committee" are defined in 13-1-101 ;

(c) costs for all or any portion of an event, meeting, fundraiser, or gathering at which contributions, as defined in 13-1-101 , will be solicited or received by any person;

(d) any direct travel, lodging, meals, entertainment, or other expenses related to the sponsorship of an event, meeting, fundraiser, or gathering at which contributions, as defined in 13-1-110 , will be solicited or received by any person;

(e) any direct or indirect expenditure to support or oppose a candidate or ballot issue; and

(f) entertainment.

(3) Subject to subsections (5) and (6), legislators are allowed an additional reimbursement of up to the amount provided for in subsection (4) in a biennium for otherwise unreimbursed expenses related to the legislator's expenses for authorized activities provided in subsections (1)(a) and (1)(b).

(4) The amount authorized under subsection (3) is:

(a) $1,000 if the legislator's district is at least 100 square miles but less than 1,000 square miles;

(b) $2,000 if the legislator's district is at least 1,000 square miles but less than 5,000 square miles;

(c) $3,000 if the legislator's district is at least 5,000 square miles but less than 7,500 square miles; or

(d) $4,000 if the legislator's district is 7,500 square miles or more.

(5) For expenses authorized under subsection (3), a legislator shall apply for reimbursement to the legislative services division by submitting written documentation that satisfies applicable requirements of Title 2, chapter 18, part 5.

(6) Legislators may not be reimbursed for expenses paid from a constituent services account provided for in 13-37-402 .

(7) Authorized activities include the preparation, printing, and postage costs related to distribution of educational material to constituents. The distribution of educational material in whole or in part to constituents in a legislator's district based on the available funding provided in this section is not considered election communications or electioneering communications, as those terms are defined in 13-1-101 , if the education material does not encourage the support of or opposition to a candidate or ballot issue.

(8) If a legislator resigns during a legislator's term, any amount unexpended must remain with the legislative services division. A legislator appointed to fill a vacancy during a term may receive an amount prorated over the 24-month term.

(9) Any violation of this section is subject to the provisions in 2-2-135 and is subject to enforcement by the ethics committee in the appropriate chamber.
Mont. Code Ann. § 5-13-304 — MT Code / Title 5 / Chapter 13 / Part 3 / Section 5-13-304
5-13-304 Powers and duties
Status: in_force

5-13-304 . Powers and duties. The legislative auditor shall:

(1) (a) perform an annual audit of the statewide annual financial report prepared by the department of administration in accordance with generally accepted accounting principles;

(b) continue to conduct a biennial single audit until June 30, 2025. For the fiscal year beginning July 1, 2025, and for each fiscal year thereafter, the legislative auditor shall perform an annual audit of federal financial assistance provided to the state that meets the requirements established by the federal government.

(c) conduct, or have conducted, compliance audits or audits of the financial affairs and transactions of all state agencies at an interval determined by the legislative auditor, taking into consideration the agency's operations, risk, the complexity of its fiscal structure, and the nature and extent of previous audit findings;

(2) conduct an audit to meet the standards and accomplish the objectives required in 5-13-308 whenever the legislative auditor determines it necessary and shall advise the members of the legislative audit committee;

(3) make a complete written report of each audit. A copy of each report must be furnished to the department of administration, the state agency that was audited, each member of the committee, and the legislative services division.

(4) report immediately in writing to the attorney general and the governor any apparent violation of penal statutes disclosed by the audit of a state agency and furnish the attorney general with all information available relative to the violation;

(5) report immediately in writing to the governor any instances of misfeasance, malfeasance, or nonfeasance by a state officer or employee disclosed by the audit of a state agency;

(6) report immediately to the commissioner of political practices any instances of apparent violations of the state code of ethics provided for in Title 2, chapter 2, part 1;

(7) report immediately to the surety upon the bond of an official or employee when an audit discloses a shortage in the accounts of the official or employee. Failure to notify the surety does not release the surety from any obligation under the bond.

(8) have the authority to audit records of organizations and individuals receiving grants from or on behalf of the state to determine that the grants are administered in accordance with the grant terms and conditions. Whenever a state agency enters into an agreement to grant resources under its control to others, the agency shall obtain the written consent of the grantee to the audit provided for in this subsection.
Mont. Code Ann. § 5-5-109 — MT Code / Title 5 / Chapter 5 / Part 1 / Section 5-5-109
5-5-109 Contempt -- misdemeanor
Status: in_force

5-5-109 . Contempt -- misdemeanor. (1) If a witness neglects or refuses to obey a subpoena or, appearing, neglects or refuses to testify before either house of the legislature, a committee of either house, a committee established under legislative rules, or a statutory committee or an interim committee, the senate or house may commit the witness for criminal contempt as provided in 5-5-113 .

(2) If a person compelled to produce records under 5-5-107 (3) neglects or refuses to obey a subpoena before either house of the legislature, a committee of either house, a committee established under legislative rules, or a statutory committee or an interim committee, the senate or house may commit the witness for contempt as provided in 5-5-113 .

(3) A person who violates subsection (1) or (2) as determined by the senate or the house pursuant to 5-5-113 is guilty of criminal contempt of the legislature as provided in 45-7-313 .
Mont. Code Ann. § 5-11-407 — MT Code / Title 5 / Chapter 11 / Part 4 / Section 5-11-407
5-11-407 Legislative branch reserve account
Status: in_force

5-11-407 . Legislative branch reserve account. (1) There is a legislative branch reserve account in the state special revenue fund. Money may be deposited in the account through an allocation of money to the account or as provided in 17-7-304 .

(2) (a) The money in the account is statutorily appropriated, as provided in 17-7-502 , to the legislative services division to be used only for major legislative branch information technology projects, including the purchase of hardware, software, and consulting services for and training related to new initiatives and replacement and upgrading of existing systems.

(b) The money in the account may be expended only with the approval of the legislative council. The legislative branch information technology planning council may make recommendations to the legislative council for the use of the money in the account.

(3) The money in the account must be invested pursuant to Title 17, chapter 6. The income and earnings on the account must be deposited in the account.
Mont. Code Ann. § 5-11-102 — MT Code / Title 5 / Chapter 11 / Part 1 / Section 5-11-102
5-11-102 Term
Status: in_force

5-11-102 . Term. Membership on the council is for 2 years while the member remains qualified and until a successor is appointed and qualified. Members required to be appointed by leadership under 5-11-101 must be appointed immediately following organization of the senate and the house of representatives as provided in 5-2-212 and 5-2-213 .
Mont. Code Ann. § 5-5-110 — MT Code / Title 5 / Chapter 5 / Part 1 / Section 5-5-110
5-5-110 Terminated
Status: in_force

5-5-110 . Terminated. Sec. 6, Ch. 523, L. 2021.
Mont. Code Ann. § 5-2-203 — MT Code / Title 5 / Chapter 2 / Part 2 / Section 5-2-203
5-2-203 Compensation and expenses -- definition
Status: in_force

5-2-203 . Compensation and expenses -- definition. (1) Members of the legislature attending the presession caucus, provided for in 5-2-201 , and legislative orientation and training are entitled to receive compensation and expenses as provided in 5-2-302 . The legislative services division shall place the members on the payroll roster, provided for in 2-18-404 , in order to pay the compensation and expenses.

(2) While engaged in presession business, members nominated to serve as officers of the legislature and members of the committees named in 5-2-202 are entitled to receive compensation and expenses as provided in 5-2-302 .

(3) As used in this section:

(a) "holdover senator" means a senator who was not required to seek election at the general election held immediately prior to the presession caucus; and

(b) "member" means a holdover senator, senator-elect, or representative-elect who is eligible to serve in the ensuing legislative session.
Mont. Code Ann. § 5-2-216 — MT Code / Title 5 / Chapter 2 / Part 2 / Section 5-2-216
5-2-216 Tie vote
Status: in_force

5-2-216 . Tie vote. If there is a tie vote for the purposes of organizing the senate or the house of representatives then, for the purposes of organization, the political party's candidate for president of the senate or speaker of the house then having a member of that candidate's party as the governor of Montana is elected.
Mont. Code Ann. § 5-12-504 — MT Code / Title 5 / Chapter 12 / Part 5 / Section 5-12-504
5-12-504 Duties of interim budget committees
Status: in_force

5-12-504 . Duties of interim budget committees. (1) Each interim budget committee in 5-12-501 (2)(a) through (2)(e) shall:

(a) oversee the expenditures included in the budget for the agencies overseen by the interim budget committees established in 5-12-501 ;

(b) review implementation of new programs by the agencies overseen by the interim budget committees established in 5-12-501 that were approved by the legislature immediately preceding the interim;

(c) review programs discussed in the respective subcommittee during the legislative session;

(d) review quarterly expenditures and budget transactions and compare those transactions to the budget adopted by the legislature;

(e) report budget observations and recommendations to the legislative finance committee at each quarterly meeting; and

(f) forward any recommendations for proposed legislation to the legislative finance committee or relevant interim committee and may not directly request legislation.

(2) Beginning in September of each odd-numbered year, each interim budget committee in 5-12-501 (2)(a) through (2)(e) shall meet within the week prior to the quarterly legislative finance committee meetings.

(3) Beginning in September of each odd-numbered year, the interim budget committee provided for in 5-12-501 (2)(f) shall meet each December and June within the week prior to the quarterly legislative finance committee meetings to review project status implementation throughout the interim and report budget considerations and recommendations to the legislative finance committee.

(4) The legislative fiscal division shall:

(a) provide staff assistance to the interim budget committees; and

(b) keep accurate records of the activities and proceedings of each interim budget committee.

(5) If an interim budget committee produces a report or receives a report from an agency, the report must also be provided to the appropriate interim committee that has agency oversight over the subject matter discussed in the report.

(6) The legislative finance committee may delegate specific studies or analysis to an interim budget committee and must consider all recommendations for potential legislation.
Mont. Code Ann. § 5-5-202 — MT Code / Title 5 / Chapter 5 / Part 2 / Section 5-5-202
5-5-202 Interim committees
Status: in_force

5-5-202 . Interim committees. (1) During an interim when the legislature is not in session, the committees listed in subsection (2) are the interim committees of the legislature. They are empowered to sit as committees and may act in their respective areas of responsibility. The functions of the legislative council, legislative audit committee, legislative finance committee, environmental quality council, state-tribal relations committee, and local government committee are provided for in the statutes governing those committees.

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

(a) economic affairs committee;

(b) education committee;

(c) children, families, health, and human services committee;

(d) law and justice committee;

(e) energy and technology committee;

(f) revenue committee;

(g) state administration and veterans' affairs committee;

(h) transportation committee; and

(i) water policy committee.

(3) An interim committee, the local government committee, or the environmental quality council may refer an issue to another committee that the referring committee determines to be more appropriate for the consideration of the issue. Upon the acceptance of the referred issue, the accepting committee shall consider the issue as if the issue were originally within its jurisdiction. If the committee that is referred an issue declines to accept the issue, the original committee retains jurisdiction.

(4) If there is a dispute between committees as to which committee has proper jurisdiction over a subject, the legislative council shall determine the most appropriate committee and assign the subject to that committee. If there is an entity that is attached to an agency for administrative purposes under the jurisdiction of an interim committee and another interim committee has a justification to seek jurisdiction and petitions the legislative council, the legislative council may assign that entity to the interim committee seeking jurisdiction unless otherwise provided by law.
Mont. Code Ann. § 5-4-306 — MT Code / Title 5 / Chapter 4 / Part 3 / Section 5-4-306
5-4-306 Return when legislature not in session
Status: in_force

5-4-306 . Return when legislature not in session. (1) (a) If, on the day the governor desires to return a bill without approval and with objections to the bill to the house in which it originated, that house has adjourned for the day, but not for the session, the governor may deliver the bill with the message to either the chief clerk of the house or the secretary of the senate.

(b) Delivery is effectual if the originating house has adjourned for the day, but not for the session, or if either house is in session when the chief clerk of the house or the secretary of the senate physically receives the bill with the message and a receipt attached to the bill and the message is time-stamped and dated as being received.

(2) (a) If the legislature is not in session when the governor vetoes a bill, the governor shall return the bill with the reasons for the veto to the secretary of state.

(b) If the bill was not approved by two-thirds of the members voting on the final vote on the bill, the secretary of state shall within 5 working days of receipt of the bill and veto message mail a copy of the title of the bill and the veto message to each member of the legislature.

(c) (i) If the bill was approved by two-thirds of the members voting on the final vote on the bill, the secretary of state shall poll the members of the legislature.

(ii) The secretary of state shall within 5 working days of receipt of the bill and veto message send by certified mail to each legislator, at an address provided by the legislator, a copy of the bill and the veto message, a ballot, a return envelope, instructions for casting a vote, and notice of the date by which each legislator shall return a vote.

(iii) The date for return must be within 30 days after the date on which the bill, veto message, and voting instructions are sent. A legislator may cast and return a vote by delivering the ballot and return envelope in person or by mailing the ballot in the return envelope by regular mail, postage paid, or by sending the ballot by facsimile transmission to the office of the secretary of state.

(iv) A legislator may not change the legislator's vote after the ballot is received by the secretary of state.

(v) (A) The secretary of state shall, within 15 days after the date on which the bill, veto message, and voting instructions are sent, conduct a daily tally of the votes returned and publish that daily tally on the secretary of state's website. The daily tally must include the list of legislators who have voted and how they have voted.

(B) The secretary of state shall tally all the votes within 1 working day after the date for return of the votes. If two-thirds or more of the members of each house vote to override the veto, the bill becomes law.

(3) The legislature may reconvene to reconsider any bill vetoed by the governor when the legislature is not in session by using the statutory procedure provided for convening in special session.
Mont. Code Ann. § 5-2-222 — MT Code / Title 5 / Chapter 2 / Part 2 / Section 5-2-222
5-2-222 Powers and duties of officers
Status: in_force

5-2-222 . Powers and duties of officers. The president and president pro tempore of the senate and the speaker and speaker pro tempore of the house of representatives may administer the oath of office to any senator or representative and to the officers and employees of their respective bodies. The officers and employees must perform such duties as are required by the rules or orders of the respective bodies which elect them.
Mont. Code Ann. § 5-11-203 — MT Code / Title 5 / Chapter 11 / Part 2 / Section 5-11-203
5-11-203 Distribution of session laws -- examination of journals
Status: in_force

5-11-203 . Distribution of session laws -- examination of journals. (1) Immediately after the session laws are published, the legislative services division shall distribute them.

(2) The legislative services division shall make the house and senate journals available for examination or copying by the public as provided in Title 2, chapter 6, part 10. The legislative services division may publish the journals in an electronic format.

(3) The following entities may receive the number of copies of session laws listed at no cost:

(a) to the library of congress, eight copies;

(b) to the state library, two copies;

(c) to the state historical library, two copies;

(d) to the state law librarian, four copies for the use of the library and additional copies as may be required for exchange with libraries and institutions maintained by other states and territories and public libraries;

(e) to the library of each custodial institution, one copy;

(f) to each Montana member of congress, each United States district judge in Montana, each of the judges of the state supreme and district courts, and each of the state officers as defined in 2-2-102 , one copy;

(g) to any agency, board, commission, or office of the state, other than a state officer, and to any other subdivision of the state upon request and approval by the legislative council, one copy;

(h) to each member of the legislature, the secretary of the senate, and the chief clerk of the house of representatives from the session at which the laws were adopted, one copy;

(i) to each of the community college districts of the state, as defined in 20-15-101 , and each unit of the Montana university system, one copy;

(j) to each county clerk, one copy for the use of the county; and

(k) to each county attorney and to each clerk of a district court, one copy.
Mont. Code Ann. § 5-5-201 — MT Code / Title 5 / Chapter 5 / Part 2 / Section 5-5-201
5-5-201 Power to administer oaths
Status: in_force

5-5-201 . Power to administer oaths. The members of any committee may administer oaths to witnesses in any matter under examination.
Mont. Code Ann. § 5-11-1102 — MT Code / Title 5 / Chapter 11 / Part 11 / Section 5-11-1102
5-11-1102 Definitions
Status: in_force

5-11-1102 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Broadcasting" means any application of communication technologies to deliver live or delayed programming to a viewing audience, including but not limited to over-the-air television broadcasts, cable television, and the streaming of audio or video signals over the internet.

(2) "Division" means the legislative services division provided for in 5-11-111 .

(3) "Gavel-to-gavel coverage" means that any broadcast of legislative or administrative proceedings is activated when the presiding officer of a floor session or a committee meeting calls the body to order and is deactivated on adjournment.

(4) "Operator" means:

(a) a private, nonprofit organization exempt from taxation under section 501(c) of the Internal Revenue Code; or

(b) a public or private Montana institution of higher education that has a program related to video production or broadcast or a related field.
Mont. Code Ann. § 5-4-210 — MT Code / Title 5 / Chapter 4 / Part 2 / Section 5-4-210
5-4-210 Estimate of fiscal impact on local government required
Status: in_force

5-4-210 . Estimate of fiscal impact on local government required. (1) A bill that, if enacted, may require a local government unit to perform an activity or provide a service or facility that requires a direct expenditure of additional funds without a specific means to finance the activity, service, or facility in violation of 1-2-112 or 1-2-113 must be accompanied, at the time that the bill is presented for introduction to the chief clerk of the house of representatives or the secretary of the senate, by an estimate of all direct and indirect fiscal impacts on a local government unit. The estimate of fiscal impacts must be prepared by the budget director in cooperation with a local government unit affected by the bill. The budget director has 10 days to prepare the estimate.

(2) The estimate must show in dollar amounts the increase in expenditures that may be required by the bill. Comment or opinion relative to the merits of the bill may not be included in the estimate. However, technical or mechanical defects may be noted. Upon completion of the estimate, the budget director shall submit the estimate to the requestor of the bill.
Mont. Code Ann. § 5-11-202 — MT Code / Title 5 / Chapter 11 / Part 2 / Section 5-11-202
5-11-202 Printing of session laws
Status: in_force

5-11-202 . Printing of session laws. The legislative services division shall deliver to the appropriate printer, at the earliest practicable day after the final adjournment of each session of the legislature, copies of all laws and resolutions passed or adopted during the session. The session laws must be delivered to the appropriate printer in the form provided for in 5-11-205 and 5-11-206 .
Mont. Code Ann. § 5-5-301 — MT Code / Title 5 / Chapter 5 / Part 3 / Section 5-5-301
5-5-301 Governor to transmit list of appointments to legislature
Status: in_force

5-5-301 . Governor to transmit list of appointments to legislature. Within 10 days after the convening of the legislature, the governor shall transmit to the legislature a list of all appointments made by the governor under the provisions of 2-16-506 during the recess of the legislature.
Mont. Code Ann. § 5-12-303 — MT Code / Title 5 / Chapter 12 / Part 3 / Section 5-12-303
5-12-303 Fiscal analysis information from state agencies
Status: in_force

5-12-303 . Fiscal analysis information from state agencies. (1) The legislative fiscal analyst may investigate and examine the costs and revenue of state government activities and may examine and obtain copies of the records, books, and files of any state agency, including confidential records.

(2) When confidential records and information are obtained from a state agency, the legislative fiscal analyst and staff must be subject to the same penalties for unauthorized disclosure of the confidential records and information provided for under the laws administered by the state agency. The legislative fiscal analyst shall develop policies to prevent the unauthorized disclosure of confidential records and information obtained from state agencies and may not disclose confidential records or information to legislators.

(3) (a) The department of revenue shall make Montana individual income tax information available by removing names, addresses, and social security numbers and substituting in their place a state accounting record identifier number. Except for the purposes of complying with federal law, the department may not alter the data in any other way.

(b) The department of revenue shall provide the name and address of a taxpayer on written request of the legislative fiscal analyst when the values on the requested return, including estimated payments, are considered necessary by the legislative fiscal analyst to properly analyze state revenue and are of a sufficient magnitude to materially affect the analysis and when the identity of the taxpayer is necessary to evaluate the effect of the return or payments on the analysis being performed.

(4) (a) The department of public health and human services shall provide the legislative fiscal analyst direct access to the department's secure data warehouse as the phases of the secure data warehouse project are implemented.

(b) The department of public health and human services shall consult with the legislative fiscal analyst and shall establish user requirements to ensure the legislative fiscal analyst does not have access to direct identifiers stored on the secure data warehouse. The department of public health and human services shall consult with the legislative fiscal analyst and shall establish requirements to ensure the legislative fiscal analyst does not have access to direct identifiers stored in other data systems where the data is not available through the secure data warehouse after the phases of the secure data warehouse project are implemented.

(c) The data must be made available to the legislative fiscal analyst in a format that complies with the regulations of the respective federal programs.

(d) The department of public health and human services shall provide the legislative fiscal analyst with a summary of the data available in the secure data warehouse and shall provide an update when new data sets are added. The summary must include the list of fields available for the legislative fiscal analyst to access.

(5) The board of crime control shall provide the legislative fiscal analyst direct access to the criminal justice warehouse established in 44-7-126 in a manner that complies with the regulations of the respective federal programs.

(6) Within 1 day after the legislative finance committee presents its budget analysis to the legislature, the budget director and the legislative fiscal analyst shall exchange expenditure and disbursement recommendations by second-level expenditure detail and by funding sources detailed by accounting entity. This information must be filed in the respective offices and be made available to the legislature and the public. In preparing the budget analysis for the next biennium for submission to the legislature, the legislative fiscal analyst shall use the base budget, the present law base, and new proposals as defined in 17-7-102 .

(7) This section does not authorize publication or public disclosure of information if the law prohibits publication or disclosure or if the department of revenue notifies the fiscal analyst that specified records or information may contain confidential information.
Mont. Code Ann. § 5-5-108 — MT Code / Title 5 / Chapter 5 / Part 1 / Section 5-5-108
5-5-108 Service of subpoenas
Status: in_force

5-5-108 . Service of subpoenas. The subpoena may be served by any elector of the state, and the elector's affidavit that the elector delivered a copy to the witness or the person compelled to produce records under 5-5-107 (3) is evidence of service.
Mont. Code Ann. § 5-13-102 — MT Code / Title 5 / Chapter 13 / Part 1 / Section 5-13-102
5-13-102 Definitions
Status: in_force

5-13-102 . Definitions. In this chapter:

(1) "committee" means the legislative audit committee;

(2) "state agency" means all offices, departments, boards, commissions, institutions, universities, colleges, and any other person or any other administrative unit of state government that spends or encumbers public moneys by virtue of an appropriation from the legislature or that handles money on behalf of the state or that holds any trust or agency moneys from any source.
Mont. Code Ann. § 5-5-111 — MT Code / Title 5 / Chapter 5 / Part 1 / Section 5-5-111
5-5-111 Compelling attendance
Status: in_force

5-5-111 . Compelling attendance. Any witness neglecting or refusing to attend in obedience to a subpoena may be arrested by the sergeant at arms and brought before the senate or house. The only warrant of authority necessary to authorize the arrest is a copy of a resolution of the senate or house, signed by the president of the senate or speaker of the house and countersigned by the secretary or clerk.
Mont. Code Ann. § 5-11-103 — MT Code / Title 5 / Chapter 11 / Part 1 / Section 5-11-103
5-11-103 Vacancies
Status: in_force

5-11-103 . Vacancies. A vacancy on the legislative council must be filled by the selection of another member by the same method as the original appointment.
Mont. Code Ann. § 5-11-101 — MT Code / Title 5 / Chapter 11 / Part 1 / Section 5-11-101
5-11-101 Appointment and composition of council
Status: in_force

5-11-101 . Appointment and composition of council. (1) There is a legislative council. Subject to subsection (2), the legislative council consists of:

(a) the speaker of the house, the minority leader of the house, and, subject to 5-5-234 , four members chosen by the speaker of the house, two from the majority party and two from the minority party; and

(b) the president of the senate, the minority leader of the senate, and, subject to 5-5-234 , four members chosen by the committee on committees, two from the majority party and two from the minority party.

(2) If a legislator is or would be a member of the legislative council by virtue of a legislative leadership position and the legislator will not serve in the following legislative session because of term limits, the legislator may designate another member of the same house and the same political party to serve on the legislative council in the legislator's place.
Mont. Code Ann. § 5-5-502 — MT Code / Title 5 / Chapter 5 / Part 5 / Section 5-5-502
5-5-502 Sole constitutional authority by legislature on rules governing its proceedings -- judicial review and interpretation prohibited -- exception
Status: in_force

5-5-502 . Sole constitutional authority by legislature on rules governing its proceedings -- judicial review and interpretation prohibited -- exception. (1) Except as provided in subsection (2), pursuant to Article V, section 10(1), of the Montana constitution, the legislature possesses the sole power and discretion to make, enforce, interpret, suspend, repeal, or waive rules for its proceedings.

(2) A judicial officer may not review and interpret a legislative rule unless the rule conflicts with the Montana constitution or the United States constitution.

(3) For the purposes of this section, "judicial officer" has the same meaning as provided in 1-1-202 (2).
Mont. Code Ann. § 5-15-201 — MT Code / Title 5 / Chapter 15 / Part 2 / Section 5-15-201
5-15-201 Consumer counsel -- appointment and qualifications
Status: in_force

5-15-201 . Consumer counsel -- appointment and qualifications. The committee shall appoint a consumer counsel and set the consumer counsel's salary. The consumer counsel must have the following minimum qualifications and additional qualifications that the committee determines appropriate:

(1) a bachelor's degree or equivalent from an accredited college or university with a major or minor in accounting or allied fields;

(2) be admitted to practice law in Montana courts and in the United States district court for the state of Montana.
Mont. Code Ann. § 5-20-101 — MT Code / Title 5 / Chapter 20 / Part 1 / Section 5-20-101
5-20-101 Terminated
Status: in_force

5-20-101 . Terminated. Sec. 7, Ch. 3, Sp. L. June 1989.
Mont. Code Ann. § 5-2-402 — MT Code / Title 5 / Chapter 2 / Part 4 / Section 5-2-402
5-2-402 Appointment by board of county commissioners -- county central committee role -- timeframes
Status: in_force

5-2-402 . Appointment by board of county commissioners -- county central committee role -- timeframes. (1) Except as provided in subsection (5) or as otherwise provided by law, whenever a vacancy occurs in the legislature, the vacancy must be filled by appointment by the board of county commissioners or, in the event of a multicounty district, the boards of county commissioners of the counties comprising the district sitting as one appointing board.

(2) (a) Whenever a vacancy as described in 2-16-501 is within a single county, the board of county commissioners shall make the appointment as described in 5-2-403 , 5-2-404 , or 5-2-406 .

(b) Whenever a vacancy is within a multicounty district, the boards of county commissioners shall sit as one appointing board. The selection of an individual to fill the vacancy must be as follows:

(i) The presiding officer of the board of county commissioners of the county in which the person resided whose vacancy is to be filled shall call a meeting for the purpose of appointing the member of the legislature and shall preside at the meeting.

(ii) Each commissioner's vote is determined by the following formula: 100 multiplied by (A divided by B) multiplied by (1 divided by C), where:

(A) A is the total votes cast in the respective county for the person vacating the legislative seat or, if the vacating person was not elected, the votes cast for the last person to be elected for the current term;

(B) B is the total votes cast for that person in the legislative district; and

(C) C is the number of authorized commissioners on the board of the commissioner whose vote is being determined.

(iii) The person selected to fill the vacancy is the one who receives the highest number above 50 that results from the calculation in subsection (2)(b)(ii). If none of the candidates receives a number higher than 50 from that calculation, the selection board shall cast its votes again in the same manner for the persons receiving the two highest numbers. If neither vote results in a candidate receiving a number higher than 50 from the calculation provided in subsection (2)(b)(ii), then 5-2-404 applies.

(c) If a vacancy occurs in a holdover senate seat after holdover senators have been assigned to new districts under each reapportionment, the formula in subsection (2)(b)(ii) must be applied using the votes cast for the senatorial candidates at the last election in which votes were cast for a senate candidate. Only the number of votes cast by electors residing in the new senate district for senate candidates of the party to which the person vacating the seat belonged may be counted. The secretary of state shall provide an estimate of the number of votes cast for each party by county or portion of a county. The selection process is the same as provided in subsection (2)(b)(iii).

(3) The appointment process to fill a vacancy in the legislature under this section is as follows:

(a) Within 7 days of being notified of a vacancy, the secretary of state shall notify the board of county commissioners and the state party that is responsible for notifying the county central committee of the county where the vacating legislator is a resident, if the legislative seat is within one county, or the boards of county commissioners and the corresponding county central committees if the legislative seat is in a multicounty district. If the legislator is an independent or belongs to a party for which there is no county central committee, the notification of county commissioners suffices.

(b) The county central committee or committees, upon receipt of notification of a vacancy, have 45 days to propose a list of prospective appointees, pursuant to 5-2-403 (1). The county central committee or the county central committees, acting together, shall forward the list of names to the appointing board within the 45-day period.

(c) The appointing board shall make and confirm an appointment and notify the secretary of state within 15 days:

(i) after receiving the list of prospective appointees from the county central committee or committees;

(ii) after 45 days have expired after the notification of a vacancy if the county central committee or committees have not provided a list of prospective appointees; or

(iii) after notification of a vacancy if the legislator vacating the seat is an independent.

(4) If the legislature is in session, the notification process in subsection (3)(a) must be followed within 5 days. The process described in subsection (3)(b) must take place in 5 days. The process described in subsection (3)(c) must take place in 5 days.

(5) Notwithstanding subsection (6), if a vacancy occurs prior to a primary election, 13-10-326 applies. If a vacancy occurs after a primary and prior to a general election, 13-10-327 applies.

(6) If the legislature is called into special session within 85 days of a general election, a person must be appointed to fill a legislative vacancy pursuant to subsections (1) through (4).
Mont. Code Ann. § 5-13-305 — MT Code / Title 5 / Chapter 13 / Part 3 / Section 5-13-305
5-13-305 Employees, consultants, and legal counsel -- background checks -- cure for impairment
Status: in_force

5-13-305 . Employees, consultants, and legal counsel -- background checks -- cure for impairment. (1) The legislative auditor may appoint and define the duties of employees and consultants who are necessary to carry out the provisions of this chapter within the limitations of legislative appropriations. The legislative auditor shall set the pay for employees in accordance with the rules for classification and pay adopted by the legislative council. The legislative auditor may employ legal counsel to conduct proceedings under this chapter.

(2) (a) The legislative auditor may not employ a prospective employee to conduct or supervise audits without conducting or having conducted a background check on the prospective employee. The background check must include a state and federal fingerprint-based check by the Montana department of justice and the federal bureau of investigation. When reporting the results of the background check, the Montana department of justice shall specifically report any previous conviction of the prospective employee for embezzlement or other financial crimes. The purpose of the background and fingerprint checks is to determine whether the prospective employee is an appropriate person to audit the records of one or more state agencies or programs.

(b) A copy of the results of the background check must be delivered to the legislative auditor. If the legislative auditor determines, based upon the results of the background and fingerprint checks, that a prospective employee is not an appropriate person to audit one or more state agencies or programs, the legislative auditor may not employ the prospective employee.

(3) The legislative auditor shall inform the legislative council and the legislative audit committee in writing of an administrative policy or rule adopted under 5-11-105 that may impair the independence of the division, along with a statement of the reasons for the opinion and suggested changes to cure the impairment. The legislative council shall review the rule in question and adopt a revision that is generally applicable to the legislative branch and that is designed to cure the impairment. While the impairment exists, the legislative audit committee may adopt a specific exemption to the questioned rule that states the alternative rule to be employed under the exemption. If prepared, a compilation of written reports must be provided to the legislature in accordance with 5-11-210 .
Mont. Code Ann. § 5-7-301 — MT Code / Title 5 / Chapter 7 / Part 3 / Section 5-7-301
5-7-301 Prohibition of practice without license and registration
Status: in_force

5-7-301 . Prohibition of practice without license and registration. (1) An individual may not practice as a lobbyist unless that individual has been licensed under 5-7-103 and listed on the docket as employed in respect to all the matters that the individual is promoting or opposing.

(2) A principal may not directly or indirectly authorize or permit any lobbyist employed by that principal to practice lobbying until the lobbyist is licensed and the names of the lobbyist and the principal are entered on the docket.
Mont. Code Ann. § 5-11-113 — MT Code / Title 5 / Chapter 11 / Part 1 / Section 5-11-113
5-11-113 State-tribal relations training
Status: in_force

5-11-113 . State-tribal relations training. (1) In collaboration with the legislative services division and the state-tribal relations committee, the state director of Indian affairs shall make readily available to all legislators information and training on:

(a) Indian law;

(b) the history of federal Indian policy; and

(c) the legal rights of tribal members.

(2) The information and training under subsection (1) must include:

(a) regularly updated tribal relations handbooks provided to legislators;

(b) information and notifications regarding training offered by the governor's office pursuant to 2-15-143 ;

(c) links to Indian education for all resources provided by the office of public instruction under Title 20, chapter 1, part 5, including any courses required to be taken by certified school personnel under standards adopted by the board of public education; and

(d) any other resources determined to be valuable by the state director of Indian affairs and the legislative services division.
Mont. Code Ann. § 5-11-107 — MT Code / Title 5 / Chapter 11 / Part 1 / Section 5-11-107
5-11-107 Powers relating to hearings
Status: in_force

5-11-107 . Powers relating to hearings. (1) In the discharge of its duties, a committee of either house, a committee established under legislative rules, a statutory committee, or an interim committee may hold hearings, administer oaths, issue subpoenas, compel the attendance of witnesses and the production of papers, books, accounts, documents, and testimony, and cause depositions of witnesses to be taken in the manner prescribed by law for taking depositions in civil actions in district court.

(2) If a person disobeys a subpoena issued by a committee of either house, a committee established under legislative rules, a statutory committee, or an interim committee or if a witness refuses to testify on any matters regarding which the witness may be lawfully interrogated:

(a) the district court of any county shall, on application of the committee, compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from a district court or a refusal to testify in the district court; or

(b) the committee may pursue a legislative resolution or proclamation of contempt to commit the witness or person for the crime of criminal contempt of the legislature as provided in 5-5-113 and 45-7-313 .
Mont. Code Ann. § 5-11-112 — MT Code / Title 5 / Chapter 11 / Part 1 / Section 5-11-112
5-11-112 Functional organization and responsibilities
Status: in_force

5-11-112 . Functional organization and responsibilities. (1) The legislative council may establish a functional organization within the legislative services division in order to effectively and efficiently carry out all of the responsibilities delegated to the division by law or legislative rule. The responsibilities of the legislative services division include the following:

(a) document services:

(i) bill drafting and preparation for introduction;

(ii) engrossing and enrolling;

(iii) distribution of legislative bills and information;

(iv) coordination of legislative printing; and

(v) publication of legislative records;

(b) research and reference services:

(i) general and specialized legislative research; and

(ii) legislative reference and information;

(c) legal services:

(i) legal review of draft bills;

(ii) legal counseling on legislative matters;

(iii) legal support for consolidated entities; and

(iv) support for the functions of the code commissioner provided in 1-11-201 ;

(d) committee services:

(i) research, legal, and administrative staff support for consolidated committees as assigned, including support for interim committees organized under Title 5, chapter 5, part 2; and

(ii) research and legal support for legislative standing and select committees;

(e) broadcasting services, in accordance with Title 5, chapter 11, part 11;

(f) management and business services:

(i) financial records;

(ii) claims and payrolls;

(iii) coordination of procurement of printing, supplies, and equipment; and

(iv) maintenance of property inventories;

(g) personnel and administrative services:

(i) rules for classification and pay; and

(ii) personnel and administrative policies; and

(h) information technology services:

(i) legislative branch network support services;

(ii) application support and development;

(iii) communications support and coordination; and

(iv) information technology planning.

(2) The responsibilities of the legislative services division must be fulfilled collaboratively with consolidated entities whenever the efficient operation of the legislative branch is served.
Mont. Code Ann. § 5-11-706 — MT Code / Title 5 / Chapter 11 / Part 7 / Section 5-11-706
5-11-706 Participation in Pacific Northwest economic region
Status: in_force

5-11-706 . Participation in Pacific Northwest economic region. The Pacific Northwest economic region is hereby enacted into law and entered into by the state of Montana as a party and is in full force and effect in accordance with the terms of this agreement.

THE PACIFIC NORTHWEST ECONOMIC REGION

ARTICLE I -- Policy and Purpose

(1) States, provinces, and territories participating in the Pacific Northwest economic region shall seek to develop and establish policies that:

(a) promote greater regional collaboration among the eight entities;

(b) enhance the overall competitiveness of the region in international and domestic markets;

(c) increase the economic well-being of all citizens in the region; and

(d) improve the quality of life of the citizens of the Pacific Northwest.

(2) (a) States, provinces, and territories recognize that there are many public policy areas in which cooperation and joint efforts would be mutually beneficial. These areas include but are not limited to:

(i) international trade;

(ii) economic development;

(iii) human resources;

(iv) the environment and natural resources;

(v) energy; and

(vi) education.

(b) Parties to this agreement shall work diligently to establish collaborative activity in these and other appropriate policy areas in which cooperation is considered to be worthwhile and of benefit to the participating entities.

(c) Participating states, provinces, and territories also agree that there are areas in which cooperation may not be feasible.

(3) The substantive actions of the Pacific Northwest economic region may take the form of uniform legislation enacted by two or more states, provinces, or territories or policy initiatives endorsed as appropriate by participating entities. It is not necessary for all states, provinces, and territories to participate in each initiative.

ARTICLE II -- Eligible Parties and Effective Date

(1) Each of the following states, provinces, and territory is eligible to become a party to this agreement: Alaska, Alberta, British Columbia, Idaho, Montana, Oregon, Washington, and Yukon.

(2) This agreement establishing the Pacific Northwest economic region becomes effective when it is executed by one state, one province, and one additional state, province, or territory in a form considered appropriate by each entity.

(3) This agreement continues in force and remains binding upon each of the states, provinces, and territories entering into it until renounced by the state, province, or territory.

(4) Renunciation of this agreement must be preceded by sending 1 year's notice in writing of intention to withdraw from the agreement to all other parties to the agreement.

ARTICLE III -- Organizational Structure

(1) Each state, province, and territory participating in this agreement shall appoint representatives to the Pacific Northwest economic region.

(2) The organizational structure of the Pacific Northwest economic region consists of the following:

(a) a delegate council consisting of the governor or a designee and four legislators from each participating state and four representatives from each participating province and territory; and

(b) an executive committee consisting of one legislator from each participating state, province, or territory who is a member of the delegate council and four of the governors, premiers, or commissioners or their designees.

(3) Policy committees may be established to carry out further duties and responsibilities of the Pacific Northwest economic region.

ARTICLE IV -- Duties and Responsibilities

(1) The delegate council has the following duties and responsibilities:

(a) facilitate the involvement of other government officials in the development and implementation of specific collaborative initiatives;

(b) work with policymaking committees in the development and implementation of specific initiatives;

(c) approve general organizational policies developed by the executive committee;

(d) provide final approval of the annual budget and staffing structure for the Pacific Northwest economic region developed by the executive committee; and

(e) other duties and responsibilities established in the rules and regulations of the Pacific Northwest economic region.

(2) The executive committee shall perform the following duties and responsibilities:

(a) elect the president and vice president of the Pacific Northwest economic region;

(b) approve and implement general organizational policies;

(c) develop the annual budget;

(d) devise the annual action plan;

(e) act as liaison with other public and private sector entities; and

(f) other duties and responsibilities established in the rules and regulations of the Pacific Northwest economic region.

(3) The rules and regulations of the Pacific Northwest economic region must establish the procedure for voting.

ARTICLE V -- Membership of Policy Committees

(1) Policy committees dealing with specific subject matter may be established by the executive committee.

(2) Each participating state, province, and territory shall appoint legislators to sit on these policy committees in accordance with its own rules and regulations concerning appointments.

This agreement may not be construed to limit the powers of any state, province, or territory or to repeal or prevent the enactment of any legislation.
Mont. Code Ann. § 5-7-305 — MT Code / Title 5 / Chapter 7 / Part 3 / Section 5-7-305
5-7-305 Penalties and enforcement
Status: in_force

5-7-305 . Penalties and enforcement. (1) A person who violates any of the provisions of this chapter is subject to civil penalties of not less than $250 and not more than $7,500 according to the discretion of the district court, as court of original jurisdiction. A lobbyist who violates any of the provisions of this chapter must have the lobbyist's license suspended or revoked according to the discretion of the court. Any legislator adjudged in violation of the provisions of this chapter is additionally subject to recall under the Montana Recall Act, Title 2, chapter 16, part 6, and the violation constitutes an additional basis for recall to those mentioned in 2-16-603 (3).

(2) The attorney general, the commissioner, or the county attorney of the county in which the violation takes place may bring a civil action in the name of the state for any appropriate civil remedy.

(3) If a civil penalty action is undertaken by the attorney general or the commissioner, all costs associated with the prosecution must be paid by the state of Montana.

(4) (a) Any individual who has notified the attorney general, the commissioner, and the appropriate county attorney in writing that there is reason to believe that some portion of this chapter is being violated may bring in the name of the state an action (referred to as a citizen's action) authorized under this chapter if:

(i) the attorney general, the commissioner, or the appropriate county attorney has failed to commence an action within 90 days after notice; and

(ii) the attorney general, the commissioner, or the county attorney fails to commence an action within 10 days after receiving a written notice that a citizen's action will be brought if the attorney general, the commissioner, or the county attorney does not bring an action.

(b) Each notification tolls the applicable statute of limitations until the expiration of the waiting period.

(c) If the individual who brings the citizen's action prevails, the individual is entitled to be reimbursed by the state of Montana for costs and attorney fees incurred.

However, in the case of a citizen's action that is dismissed and that the court also finds was brought without reasonable cause, the court may order the individual commencing the action to pay all costs of trial and reasonable attorney fees incurred by the defendant.

(5) A civil action may not be brought under this section more than 3 years after the occurrence of the facts that give rise to the action.

(6) All civil penalties imposed pursuant to this section must be deposited in the state general fund.

(7) A hearing under this chapter must be held by the court unless the defendant-licensee demands a jury trial. The trial must be held as soon as possible but at least 20 days after the filing of the charges and must take precedence over all other matters pending before the court.

(8) If the court finds for the plaintiff, judgment must be rendered revoking or suspending the license and the clerk of court shall file a certified copy of the judgment with the commissioner.
Mont. Code Ann. § 5-20-106 — MT Code / Title 5 / Chapter 20 / Part 1 / Section 5-20-106
5-20-106 Terminated
Status: in_force

5-20-106 . Terminated. Sec. 7, Ch. 3, Sp. L. June 1989.
Mont. Code Ann. § 5-20-301 — MT Code / Title 5 / Chapter 20 / Part 3 / Section 5-20-301
5-20-301 School funding interim commission
Status: in_force

5-20-301 . School funding interim commission. (1) There is a school funding interim commission that must be formed during the 2015-2016 interim and each successive fifth interim pursuant to 20-9-309 . The commission shall:

(a) conduct a study to reassess the educational needs and costs related to the basic system of free quality public elementary and secondary schools;

(b) if necessary, recommend to the following legislature changes to the state's funding formula;

(c) in considering changes to the funding formula or in designing a new funding formula, strive for a funding formula that:

(i) is understandable, transparent, and equitable, including adjustments for student needs, district characteristics, and local property wealth disparities;

(ii) utilizes revenue sources that are stable and predictable;

(iii) prioritizes funding the education of children in the current year, and not simply funding a system of schools based on prior year enrollment;

(iv) reduces administrative burdens and costs and drives funding toward classroom instruction;

(v) allows for parental choice within an expanded public education system;

(vi) eliminates the need for tuition payments between school districts;

(vii) minimizes property tax impacts related to the reappraisal cycle; and

(viii) incorporates free market principles where appropriate and rewards school districts based on student academic growth, achievement, and proficiency rather than head counts and seat time; and

(d) for the commission formed during the 2025-2026 interim, prior to conducting the study under subsection (1)(a), form an innovation and excellence in education working group to develop recommendations, objectives, and an implementation plan as described in subsection (10) to improve the basic system of free, quality, public elementary and secondary schools.

(2) In conducting the study, the commission may:

(a) review the work of previous studies and commissions;

(b) consider recommendations and topics provided by other interim or standing legislative committees, the board of public education, the office of public instruction, the governor's office, private organizations, professional educators, school trustees, and members of the public;

(c) review how the state's education funding policy has evolved as a result of litigation;

(d) seek input from representatives from the board of public education, the office of public instruction, the governor's office, private organizations, professional educators, school trustees, and members of the public;

(e) consider the state's existing and projected financial resources as well as the needs and concerns of Montana taxpayers;

(f) authorize research and studies to be conducted by reputable and reliable experts in the public or private sectors; and

(g) request research and analysis from the legislative fiscal division, the office of public instruction, the department of revenue, and any other state agency or entity that maintains information or data relevant to the study.

(3) The members of the commission are:

(a) six members of the house of representatives, three from the majority party and three from the minority party, appointed by the speaker of the house in consultation with the house majority leader and the house minority leader;

(b) six members of the senate, three from the majority party and three from the minority party, appointed by the president of the senate in consultation with the senate majority leader and the senate minority leader;

(c) four members of the public to be appointed as follows:

(i) two public members appointed by the speaker of the house with the consent of the house minority leader; and

(ii) two public members appointed by the president of the senate with the consent of the senate minority leader;

(d) the presiding officer of the board of public education or the presiding officer's designee;

(e) the superintendent of public instruction or the superintendent's designee;

(f) the presiding officer of the board of regents of higher education or the presiding officer's designee; and

(g) the governor or the governor's designee.

(4) Appointments to the commission must be made by May 1 in a year the commission is to form, pursuant to subsection (1).

(5) The commission shall select its presiding officer and vice presiding officer, who must be legislators, at the first meeting of the commission.

(6) The commission is attached for administrative purposes to the legislative services division, and the legislative services division shall provide sufficient and appropriate support to the commission in order that it may carry out its statutory duties, within the limitations of legislative appropriations.

(7) The commission is staffed by the legislative services division. The legislative fiscal analyst shall assign staff to assist the commission.

(8) The commission shall issue a report to the legislature in accordance with 5-11-210 on the commission's findings and recommendations, including any draft legislation for amending the state school funding formula.

(9) Unless the person is a full-time salaried officer or employee of the state or a political subdivision of the state, a nonlegislative member appointed to the commission is entitled to salary and expenses to the same extent as a legislative member. If the appointee is a full-time salaried officer or employee of the state or of a political subdivision of the state, the appointee is entitled to reimbursement for travel expenses as provided for in 2-18-501 through 2-18-503 .

(10) (a) The innovation and excellence in education working group is composed of the commission and others as determined by the commission. The commission shall include representation from teachers, school administrators, school trustees, and parent advocacy groups in forming the working group.

(b) The innovation and excellence in education working group shall:

(i) conduct a benchmarking or gap analysis study comparing the education policies of Montana to the education policies of high-performing international and domestic education systems or review a similar analysis conducted for another state;

(ii) develop recommendations to adapt the appropriate education policies of high-performing education systems for the public education system in Montana;

(iii) identify objectives to put the education performance of pupils in Montana in parity with that of pupils in high-performing education systems and make recommendations on how to meet the identified objectives;

(iv) develop an implementation plan for the recommendations made pursuant to this subsection (10)(b), which includes an analysis of the costs of the plan; and

(v) publish its recommendations and implementation plan no later than January 30, 2026.

(c) The innovation and excellence in education working group may contract with a reputable national organization to support the working group's efforts under this subsection (10).
Mont. Code Ann. § 5-7-212 — MT Code / Title 5 / Chapter 7 / Part 2 / Section 5-7-212
5-7-212 Audit of lobbying reports
Status: in_force

5-7-212 . Audit of lobbying reports. (1) The commissioner may audit the reports filed under 5-7-208 and shall investigate any irregularities and report any apparent violations of this chapter to the attorneys having authority to prosecute. The lobbyist is required to provide and the principal is required to obtain and keep for a period of 3 years from the date of filing all records supporting the reports filed under 5-7-208 .

(2) All records under subsection (1) must be open to inspection on request of the commissioner or an attorney having authority to prosecute violations of this chapter. The commissioner and the attorneys are given the power to:

(a) subpoena and compel attendance;

(b) issue enforceable civil investigative demands;

(c) take evidence; and

(d) require the production of any books, correspondence, memoranda, bank account statements, or other records which are relevant or material for the purpose of conducting any investigation pursuant to the provisions of this chapter.
Mont. Code Ann. § 5-11-104 — MT Code / Title 5 / Chapter 11 / Part 1 / Section 5-11-104
5-11-104 Officers -- rules of procedure -- records
Status: in_force

5-11-104 . Officers -- rules of procedure -- records. (1) The legislative council shall organize immediately following appointment by electing one of its members as its presiding officer and by electing other officers from among its membership that the council considers appropriate. The presiding officer may not be from the same chamber for more than a 2-year period from appointment. If a party has a majority of both chambers, the presiding officer must be from that party.

(2) The council may adopt rules of procedure, make arrangements for its meetings, and carry out the purpose for which it is created. The council shall keep accurate records of its activities and proceedings.
Mont. Code Ann. § 5-2-104 — MT Code / Title 5 / Chapter 2 / Part 1 / Section 5-2-104
5-2-104 Appointment to or candidacy for other offices
Status: in_force

5-2-104 . Appointment to or candidacy for other offices. (1) A member of the legislature may not, during the term for which the member was elected, be appointed to any civil office under the state. A member of the legislature may become a candidate for public office during the legislator's term.

(2) A member of the legislature who is elected to another public office shall resign from the legislature prior to assuming the office to which the member is newly elected.
Mont. Code Ann. § 5-13-312 — MT Code / Title 5 / Chapter 13 / Part 3 / Section 5-13-312
5-13-312 Deposit of money recovered
Status: in_force

5-13-312 . Deposit of money recovered. Unless otherwise provided by law, money recovered as a result of an action taken pursuant to 5-13-311 must be deposited in the state general fund.
Mont. Code Ann. § 5-1-110 — MT Code / Title 5 / Chapter 1 / Part 1 / Section 5-1-110
5-1-110 Recommendations of legislature
Status: in_force

5-1-110 . Recommendations of legislature. Within 30 days after the commission submits its legislative redistricting plan to the legislature, the legislature shall return the plan to the commission with its recommendations.
Mont. Code Ann. § 5-7-108 — MT Code / Title 5 / Chapter 7 / Part 1 / Section 5-7-108
5-7-108 Inspection of applications and reports -- order of noncompliance -- notification
Status: in_force

5-7-108 . Inspection of applications and reports -- order of noncompliance -- notification. (1) Each application and report filed with the commissioner must be inspected within 10 days after it is filed. If a person has not satisfied the provisions of this chapter, the commissioner shall immediately notify the person of the noncompliance.

(2) An order of noncompliance may be issued when:

(a) it is determined that an application or report filed with the commissioner does not conform to the requirements of this chapter; or

(b) a person has failed to file an application or report required by law.

(3) The person notified of noncompliance shall submit the necessary information within 5 days after receiving the notice of noncompliance. If the person notified of noncompliance fails to submit the required information within 5 days, the commissioner may initiate a civil action pursuant to the procedures contained in 5-7-305 .
Mont. Code Ann. § 5-12-601 — MT Code / Title 5 / Chapter 12 / Part 6 / Section 5-12-601
5-12-601 Modernization and risk analysis committee
Status: in_force

5-12-601 . Modernization and risk analysis committee. (1) There is a modernization and risk analysis committee. The committee shall study the long-term future budget and revenue needs of the state with changing economics and demographics.

(2) The modernization and risk analysis committee is a bipartisan committee consisting of the following:

(a) six members of the legislative finance committee, with three members appointed by the presiding officer and three members appointed by the vice presiding officer of the legislative finance committee; and

(b) four members who are not officials or employees in the executive or legislative branches with two appointed by the presiding officer and two appointed by the vice presiding officer of the modernization and risk analysis committee; and

(c) an interim committee chairperson and vice chairperson of opposite parties as temporary voting members of the committee. The presiding officer of the modernization and risk analysis committee shall invite the two members based on the relevance of at least one of the topics of the upcoming meeting to the subject matter under the jurisdiction of a specific interim committee. If the chairperson or vice chairperson of the interim committee is unable to attend, the chairperson or vice chairperson may designate a member of the interim committee. The interim committee chairperson and vice chairperson must be invited at least 30 days prior to the meeting date.

(3) The legislative fiscal division shall provide administrative staff support and analysis to the modernization and risk analysis committee. The legislative services division may provide research and legal support at the request of the committee.

(4) The modernization and risk analysis committee shall:

(a) use available data and analytical resources to study the past, present, and future costs and revenues of all state and local government entities and other policy areas that affect the future well-being of the citizens of the state of Montana, including but not limited to:

(i) health care;

(ii) human services;

(iii) elementary and secondary education;

(iv) higher education;

(v) pensions;

(vi) public safety and corrections;

(vii) infrastructure and public works;

(viii) programs historically funded by revenue generated from natural resource taxes;

(ix) information technology systems of the state and local government.

(b) issue and, at the committee's discretion, accept invitations to work with interim committees on various data and analytic research projects;

(c) provide direction to the legislative fiscal division on the direction and priorities of data work of the division;

(d) create data sets and models for future analysis by the legislature; and

(e) take affirmative measures to use and disseminate data generated by and for the committee for educating, training, and increasing the competency of the public.
Mont. Code Ann. § 5-4-302 — MT Code / Title 5 / Chapter 4 / Part 3 / Section 5-4-302
5-4-302 Approval of bills
Status: in_force

5-4-302 . Approval of bills. When the governor approves a bill, the governor shall sign the bill with the date of approval and deposit the bill in the office of the secretary of state.
Mont. Code Ann. § 5-7-306 — MT Code / Title 5 / Chapter 7 / Part 3 / Section 5-7-306
5-7-306 Civil penalties for delays in filing -- option for hearing -- suspension of penalty
Status: in_force

5-7-306 . Civil penalties for delays in filing -- option for hearing -- suspension of penalty. (1) In addition to any other penalties or remedies established by this chapter, a person who fails to file a report within the time required by this chapter is subject to a civil penalty of $50 for each working day that the report is late until the report is filed or until the penalties reach a maximum of $2,500 for each late report.

(2) The penalty imposed in subsection (1) is not subject to the procedural requirements of 5-7-305 and must be applied if a person fails to meet the requirements of 5-7-108 (3).

(3) A person against whom a civil penalty is imposed pursuant to subsection (1) may request, within 10 days of receiving a notice of imposition of a civil penalty, a hearing before the commissioner. Upon receipt of a timely request, the commissioner shall hold an informal contested case hearing as provided in Title 2, chapter 4, part 6. Upon the filing of a timely request for a hearing, the imposition of the daily civil penalty provided for in this section must be suspended until the commissioner issues a decision. At the hearing, the commissioner shall consider any factors or circumstances in mitigation and may reduce or waive the civil penalty.

(4) All civil penalties imposed pursuant to this section must be deposited in the state general fund.
Mont. Code Ann. § 5-16-101 — MT Code / Title 5 / Chapter 16 / Part 1 / Section 5-16-101
5-16-101 Appointment and composition
Status: in_force

5-16-101 . Appointment and composition. The environmental quality council consists of 17 members as follows:

(1) the governor or the governor's designated representative is an ex officio member of the council and shall participate in council meetings as a nonvoting member;

(2) six members of the senate and six members of the house of representatives appointed before the 50th legislative day in the same manner as standing committees of the respective houses are appointed. Four of the appointees of each house must be members of the majority party and two appointees of each house must be members of the minority party.

(3) four members of the general public. Two public members must be appointed by the speaker of the house with the consent of the house minority leader, and two must be appointed by the president of the senate with the consent of the senate minority leader.
Mont. Code Ann. § 5-11-201 — MT Code / Title 5 / Chapter 11 / Part 2 / Section 5-11-201
5-11-201 Journals -- how authenticated -- filing
Status: in_force

5-11-201 . Journals -- how authenticated -- filing. The journal of the senate must be authenticated by the signature of the president and the journal of the house of representatives by the signature of the speaker. Each authenticated journal must be filed with the secretary of state. A copy of each authenticated journal must be filed with the legislative services division.
Mont. Code Ann. § 5-4-205 — MT Code / Title 5 / Chapter 4 / Part 2 / Section 5-4-205
5-4-205 Contents of notes
Status: in_force

5-4-205 . Contents of notes. (1) Fiscal notes must, when possible, show in dollar amounts the estimated increase or decrease in revenue or expenditures, costs that may be absorbed without additional funds, and long-range financial implications. A comment or opinion relative to the merits of the bill may not be included in the fiscal note. However, technical or mechanical defects may be noted.

(2) It is the legislature's intent that a fiscal note be prepared as an objective analysis of the fiscal impact of legislation. The fiscal note should represent only the estimate of the revenue and expenditures that would result from the implementation of the legislation, if enacted, and may not in any way reflect the views or opinions of the preparing agencies, the sponsor, or other interested parties. Changes in revenue must be estimated for each reported year based upon appropriate revenue estimating methodologies for the source of revenue described and should reflect a change from the official revenue estimate provided for in 5-5-227 . Expenditures must be estimated as the amount required for implementing the legislation, if enacted, in excess of or as a reduction to the present law base level of expenditures in each reported year regardless of whether or not the preparing agency determines that it can absorb the costs in its proposed budget.

(3) The fiscal note must clearly differentiate between facts and assumptions made in the preparation of the fiscal note while maintaining a logical flow of both fact and assumption in presenting how the fiscal impact is determined.
Mont. Code Ann. § 5-12-302 — MT Code / Title 5 / Chapter 12 / Part 3 / Section 5-12-302
5-12-302 Fiscal analyst's duties
Status: in_force

5-12-302 . Fiscal analyst's duties. The legislative fiscal analyst shall:

(1) provide for fiscal analysis of state government and accumulate, compile, analyze, and furnish information bearing upon the financial matters of the state that is relevant to issues of policy and questions of statewide importance, including but not limited to investigation and study of the possibilities of effecting economy and efficiency in state government;

(2) estimate revenue from existing and proposed taxes;

(3) analyze the executive budget and budget requests of selected state agencies and institutions, including proposals for the construction of capital improvements;

(4) make the reports, data tools, and recommendations that the legislative fiscal analyst considers desirable to the legislature in accordance with 5-11-210 and make reports, data tools, and recommendations as requested by the legislative finance committee and the legislature;

(5) assist committees of the legislature and individual legislators in compiling and analyzing financial data tools;

(6) assist the revenue interim committee in performing its revenue estimating duties;

(7) assist and provide staff for the interim budget committees established in 5-12-501 ;

(8) assist and provide staff for the modernization and risk analysis committee; and

(9) review all reports submitted to the legislative fiscal analyst and notify the legislative finance committee or the appropriate interim budget committee, or both, of any concerns the fiscal analyst identifies in a report.
Mont. Code Ann. § 5-13-307 — MT Code / Title 5 / Chapter 13 / Part 3 / Section 5-13-307
5-13-307 Recommendations of legislative auditor -- implementation costs
Status: in_force

5-13-307 . Recommendations of legislative auditor -- implementation costs. (1) The reports of the legislative auditor may include comments, recommendations, and suggestions, but the legislative auditor does not have the power to enforce them and may not otherwise influence or direct executive or legislative action.

(2) Whenever significant costs are associated with the implementation of audit recommendations, the legislative auditor shall, if practicable, note this fact and the estimated amount of the costs in the appropriate audit report.
Mont. Code Ann. § 5-12-503 — MT Code / Title 5 / Chapter 12 / Part 5 / Section 5-12-503
5-12-503 Officers of interim budget committees -- vacancies
Status: in_force

5-12-503 . Officers of interim budget committees -- vacancies. (1) The presiding officer and vice presiding officers of the interim budget committee shall be the presiding officer and vice presiding officers of the joint budget subcommittee that consider agency budgets consistent with the agency oversight established in 5-12-501 during the legislative session.

(2) If a vacancy occurs on the interim budget committee when the legislature is not in session, a member of the same political party must be appointed by the speaker of the house of representatives, if the member being replaced is a representative, or by the president of the senate, if the member being replaced is a senator. If the member being replaced represents the minority party, the replacement must be made in consultation with the appropriate minority leader.
Mont. Code Ann. § 5-5-433 — MT Code / Title 5 / Chapter 5 / Part 4 / Section 5-5-433
5-5-433 Criminal prosecution not barred
Status: in_force

5-5-433 . Criminal prosecution not barred. If the offense for which the defendant is convicted on impeachment is also the subject of an indictment or information, the indictment or information is not barred thereby.
Mont. Code Ann. § 5-5-230 — MT Code / Title 5 / Chapter 5 / Part 2 / Section 5-5-230
5-5-230 Energy and technology interim committee
Status: in_force

5-5-230 . Energy and technology interim committee. The energy and technology interim committee has administrative rule review, draft legislation review, program evaluation, and monitoring functions for the department of public service regulation and the public service commission.
Mont. Code Ann. § 5-2-503 — MT Code / Title 5 / Chapter 2 / Part 5 / Section 5-2-503
5-2-503 Consolidation of legislative branch entities for specified purposes
Status: in_force

5-2-503 . Consolidation of legislative branch entities for specified purposes. (1) An entity of the legislative branch that is consolidated as provided in 5-2-504 shall:

(a) exercise its substantive functions independently as provided by law;

(b) adhere to administrative policies, including personnel policies, adopted by the legislative council;

(c) submit its budget proposals through the legislative council; and

(d) submit reports required of it as provided in 5-11-210 .

(2) The legislative services division shall:

(a) coordinate budgeting, recordkeeping, reporting, and related administrative and clerical functions as a consolidated entity, including acknowledgment of actions by the approving authority of the consolidated entity;

(b) include within legislative branch budgets the budget proposals for the legislature and the consolidated entities, separately identified;

(c) provide separate identification for appropriations and expenditures for the legislature and for each of the consolidated entities;

(d) establish procedures for approval of expenditures by the legislature and by each of the consolidated entities; and

(e) provide personnel administration for the legislative branch. The senate and the house of representatives or a consolidated entity with statutory hiring authority may hire its own personnel, subject to administrative procedures established by the legislature and legislative council.

(3) The legislative council shall allocate office space occupied by the legislative branch for the use of a consolidated entity as necessary. Space occupied by the senate or the house of representatives may not be reallocated except as provided in 2-17-108 . The location of the chambers of the house of representatives and the senate must be determined as provided by 2-17-101 .
Mont. Code Ann. § 5-5-416 — MT Code / Title 5 / Chapter 5 / Part 4 / Section 5-5-416
5-5-416 Senate to be sworn
Status: in_force

5-5-416 . Senate to be sworn. (1) At the time and place appointed and before the senate proceeds to act on the impeachment, the secretary must administer to the president of the senate, and the president of the senate to each of the members of the senate then present, an oath truly and impartially to hear, try, and determine the impeachment.

(2) No member of the senate can act or vote upon the impeachment or upon any question arising thereon without having taken such oath.
Mont. Code Ann. § 5-11-303 — MT Code / Title 5 / Chapter 11 / Part 3 / Section 5-11-303
5-11-303 Definitions
Status: in_force

5-11-303 . Definitions. For the purposes of this part, the following definitions apply:

(1) "Intergovernmental entity" means an organization, committee, delegation, or association of local, state, tribal, regional, or international governmental bodies.

(2) "International entity" means an organization, committee, delegation, or association that fosters and encourages cooperation, information exchange, or relations among nations.

(3) "Interstate entity" means an organization, committee, delegation, or association that fosters and encourages cooperation, information exchange, or relations among states.

(4) "Member" or "membership" means the authority to represent the Montana legislature for voting purposes in an interstate, international, or intergovernmental entity.
Mont. Code Ann. § 5-5-107 — MT Code / Title 5 / Chapter 5 / Part 1 / Section 5-5-107
5-5-107 Subpoenas -- witnesses -- records
Status: in_force

5-5-107 . Subpoenas -- witnesses -- records. (1) A subpoena requiring the attendance of any witness before either house of the legislature, a committee of either house, a committee established under legislative rules, or a statutory committee or an interim committee may be issued by the president of the senate, the speaker of the house, or the presiding officer of any committee before whom the attendance of the witness is desired.

(2) A subpoena compelling attendance of a witness is sufficient if:

(a) it states whether the proceeding is before the house of representatives, the senate, or a committee;

(b) it states the legislative purpose for issuing the subpoena;

(c) it is addressed to the witness;

(d) it requires the attendance of the witness at a time and place certain; and

(e) it is signed by the president of the senate, the speaker of the house, or the presiding officer of a committee.

(3) (a) In the discharge of its duties, either house of the legislature, a committee of either house, a committee established under legislative rules, or a statutory committee or an interim committee may issue a subpoena to compel the production of a record that is fixed in any medium and is retrievable from a person that is in possession, custody, or control of the record.

(b) A subpoena compelling the production of a record is sufficient if:

(i) it states whether the proceeding is before the house of representatives, the senate, or a committee;

(ii) it states the legislative purpose for issuing the subpoena;

(iii) it provides a description of the records being compelled for production;

(iv) it is addressed to a person;

(v) except as provided in subsection (3)(c), it requires the production of a record at a date and place certain, but not later than 10 business days from receipt of the subpoena; and

(vi) it is signed by the president of the senate, the speaker of the house, or the presiding officer of a committee.

(c) (i) A person that is served a subpoena to produce records that may include confidential information shall notify the presiding officer that signed the subpoena and submit a written notice of denial and a written explanation for the denial pursuant to 2-6-1009 .

(ii) A person served a subpoena under subsection (3)(c)(i), may request additional time to produce the records pursuant to subsection (3)(b)(v).

(4) For the purposes of this section:

(a) "confidential information" has the meaning provided in 2-6-1002 ; and

(b) "person" has the meaning provided in 2-5-103 .
Mont. Code Ann. § 5-2-404 — MT Code / Title 5 / Chapter 2 / Part 4 / Section 5-2-404
5-2-404 Procedure upon failure of one candidate to receive majority vote
Status: in_force

5-2-404 . Procedure upon failure of one candidate to receive majority vote. In the event that a decision cannot be made by the appointing board because of failure of any candidate to receive a majority of the votes, the final decision may be made by lot from the first and second lists of candidates as provided by 5-2-403 or from a list of three individuals if the predecessor served as an independent, in accordance with rules of selection adopted by the appointing board.
Mont. Code Ann. § 5-12-301 — MT Code / Title 5 / Chapter 12 / Part 3 / Section 5-12-301
5-12-301 Legislative fiscal division
Status: in_force

5-12-301 . Legislative fiscal division. There is a legislative fiscal division. The legislative fiscal analyst shall manage the legislative fiscal division to support the legislative finance committee, the interim budget committees identified in 5-12-501 , and the modernization and risk analysis committee and carry out the provisions of this chapter.
Mont. Code Ann. § 5-11-210 — MT Code / Title 5 / Chapter 11 / Part 2 / Section 5-11-210
5-11-210 Clearinghouse for reports to legislature
Status: in_force

5-11-210 . Clearinghouse for reports to legislature. (1) An entity required to report to the legislature in accordance with 5-11-222 shall provide to the executive director of the legislative services division:

(a) the final title of the report;

(b) an abstract or description of the contents of the report, not to exceed 50 words, including reference to the statute establishing the required report;

(c) if the report is available electronically, its location on the internet and an electronic copy of the report; and

(d) unless provided electronically in accordance with subsection (1)(c), a paper copy of the report with a recommendation on how many additional hard copies should be printed for the legislature.

(2) The legislative services division may require that a paper copy of a report provided in accordance with subsection (1)(d) be submitted in an electronic format.

(3) Costs of preparing and distributing a report to the legislature, including writing, printing, postage, distribution, and all other costs, accrue to the reporting agency. Costs incurred in meeting the requirements of this section may not accrue to the legislative services division.

(4) The executive director of the legislative services division shall prepare a list of all reports required to be presented to the legislature in accordance with 5-11-222 .

(5) (a) The executive director shall, as soon as possible following a general election, provide to each holdover senator, senator-elect, and representative-elect a list of the reports available. Legislators may then request copies of reports included on the list.

(b) The executive director of the legislative services division shall provide either paper copies or electronic copies of reports requested pursuant to subsection (5)(a) by either providing links to electronic copies or by delivering paper copies of the reports during the first week of the legislative session.
Mont. Code Ann. § 5-5-403 — MT Code / Title 5 / Chapter 5 / Part 4 / Section 5-5-403
5-5-403 Trial of impeachments
Status: in_force

5-5-403 . Trial of impeachments. (1) Impeachment shall be tried by the senate, the court of impeachment, sitting for that purpose. The senators shall be upon oath or affirmation to do justice according to law and evidence.

(2) The court has jurisdiction to try impeachments presented by the house of representatives.
Mont. Code Ann. § 5-11-108 — MT Code / Title 5 / Chapter 11 / Part 1 / Section 5-11-108
5-11-108 Legislative declaration
Status: reserved

5-11-108 . Legislative declaration. (1) (a) In enacting this part, the legislature employs its legislative authority to establish that the people of the state of Montana, acting through their elected officials in state government, have the responsibility and authority to establish policy in and for Montana pertaining to federal programs mandated in federal statutes.

(b) The intent of the legislature is to ensure the primacy of the state of Montana's legal and political authority to implement in and for Montana the policy mandated by federal statutes and to vigorously challenge and scrutinize the extent and scope of authority asserted by federal executive branch agencies when federal agency actions and interpretations are inconsistent with Montana policy and exceed the lawful authority of the federal government or are not required by federal law.

(c) In this regard, the Montana legislature finds and declares that:

(i) the power to implement federal policies in and for Montana is central to the ability of the people of Montana to govern themselves under a federal system of government; and

(ii) any implementation of federal policies in and for Montana by federal executive branch agencies that is contrary to fundamental notions of federalism and self-determination must be identified and countered.

(2) The legislature further finds and declares that:

(a) there is an urgent need to modify federal mandates because the implementation of these mandates by the state wastes the financial resources of local governments, the citizens of Montana, and the state and does not properly respect the rights of local governments, citizens, and the state;

(b) the state government has an obligation to the public to do what is necessary to protect the rights of Montana citizens under federal law while minimizing or eliminating any additional cost or regulatory burden on any citizen of the state;

(c) the 10th amendment to the United States constitution directs that powers that are not delegated to the United States are reserved to the states or to the people. Montana, as one of the sovereign states within the union, has constitutional authority to enact laws protecting the environment of the state and safeguarding the public health, safety, and welfare of the citizens of Montana. However, this authority has too often been ignored by the federal government. The federal government has intruded more and more into areas that must be left to the states. It is essential that the dilution of the authority of state and local governments be halted and that the provisions of the 10th amendment be accorded proper respect.

(d) current federal regulatory mandates, as reflected in federal administrative regulations, guidelines, and policies, often do not reflect the realities of the Rocky Mountain region, and federal regulators frequently do not understand the needs and priorities of the citizens of Montana;

(e) the citizens of this state can create and wish to create innovative solutions to Montana's problems, but the current manner in which legal challenges to state policies and federal programmatic substitutions of state programs are handled does not allow the state the flexibility it needs. It is not possible for the state of Montana to effectively and efficiently implement the provisions of federal statutes unless the burden to prove the insufficiency of the state's efforts to implement federal requirements is shifted to the person or agency who asserts the insufficiency.

(f) the provisions of this part will better balance the exercise of the powers of the federal government and the powers reserved to the states. In addition, the application of this part ultimately will bring about greater protection for the state and the nation because it will direct the state to implement federal statutes at the least possible cost and will make more money available for other needs.

(g) the purpose of this part is to ensure that federal mandates existing on or adopted after April 12, 1995, that are implemented in Montana comply with state policy as established by the legislature;

(h) nothing in this part may be construed to create a private cause of action.
Mont. Code Ann. § 5-2-105 — MT Code / Title 5 / Chapter 2 / Part 1 / Section 5-2-105
5-2-105 Facsimile signatures authorized
Status: in_force

5-2-105 . Facsimile signatures authorized. (1) As used in this section, "facsimile signature" means a reproduction of the manual signature of a legislator by engraving, imprinting, stamping, facsimile transmission, or other means.

(2) On state documents requiring a signature, a legislator may use a facsimile signature in lieu of a manual signature. Before using a facsimile signature, the legislator shall file a copy of the legislator's manual or facsimile signature, certified by the legislator under oath, with the presiding officer of the house of which the legislator is a member.
Mont. Code Ann. § 5-4-307 — MT Code / Title 5 / Chapter 4 / Part 3 / Section 5-4-307
5-4-307 Bills remaining with governor
Status: in_force

5-4-307 . Bills remaining with governor. (1) A bill that has passed both houses of the legislature and has not been returned by the governor within 10 days after its delivery to the governor becomes law.

(2) The governor shall deliver the bill to the secretary of state and direct the secretary of state to authenticate it by a certificate endorsed on or attached to the bill. The form of the certificate must be: "This bill having remained with the governor 10 days, it has become a law this .... day of ...., ....". The certificate must be signed by the secretary of state and deposited with the laws in the secretary of state's office.
Mont. Code Ann. § 5-5-113 — MT Code / Title 5 / Chapter 5 / Part 1 / Section 5-5-113
5-5-113 Procedure for certifying contempt of legislature
Status: in_force

5-5-113 . Procedure for certifying contempt of legislature. (1) Either house of the legislature, a committee of either house, a committee established under legislative rules, a statutory committee, or an interim committee with power to issue a subpoena under 5-5-107 or 5-11-107 may commit a witness that fails to appear or a person that fails to produce records for criminal contempt of the legislature by following the procedure in this section.

(2) (a) If the legislature is in session when the failure to abide the subpoena occurs, a simple resolution setting forth the statement of facts in subsection (3) may be introduced in the chamber that issued the subpoena. A majority of members present may adopt the resolution, enter it into the journal, and commit the witness or person for contempt of the legislature.

(b) If the legislature is not in session when the violation occurs, a proclamation of contempt setting forth the statement of facts in subsection (3) may be sent to members of the chamber that issued the subpoena through a legislative poll under the provisions of subsection (4). A majority of the members of the relevant chamber may vote to adopt the proclamation of contempt and commit the witness or person for contempt of the legislature.

(3) (a) The simple resolution in subsection (2)(a) or the proclamation of contempt in subsection (2)(b) may be requested and signed by the speaker of the house for a subpoena in the house, the president of the senate for a subpoena in the senate, or the presiding officer of a committee provided for in subsection (1).

(b) The simple resolution or proclamation of contempt must include a statement of facts regarding the witness's failure to appear or the person's failure to produce any record pursuant to a subpoena issued under the authority of the legislature or a legislative committee.

(4) (a) A signed proclamation of contempt must be sent to the secretary of state to poll the members of the relevant chamber to determine if a majority of the members of the relevant chamber are in favor of adopting the proclamation of contempt and committing the witness or person for contempt of the legislature. If the proclamation of contempt involves a subpoena that was issued by a committee with voting members of both the house and the senate, the secretary of state shall poll both chambers.

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

(i) the proclamation of contempt; and

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

(c) A legislator may cast and return a vote by delivering the ballot in person, by mailing, or by sending the ballot by facsimile transmission or electronic mail to the office of the secretary of state. A legislator may not change the legislator's vote after the ballot is received by the secretary of state. The secretary of state shall tally the votes within 1 working day after the date for return of the votes. If a majority of the members of the relevant chamber vote to approve the proclamation of contempt, the proclamation is considered adopted by the relevant chamber and the witness or person is found to be in contempt of the legislature. A ballot that is not returned by the deadline established by the secretary of state is considered a vote against the proclamation of contempt. If the proclamation of contempt is sent to both chambers, a majority of the members of both chambers must vote to approve the proclamation of contempt for it to be adopted.

(5) Upon adoption of a simple resolution in subsection (2)(a) or the proclamation of contempt in subsection (2)(b), the speaker of the house for a subpoena in the house or the president of the senate for a subpoena in the senate shall certify the adopted resolution or proclamation of contempt to the attorney general for criminal contempt of the legislature and prosecution under 45-7-313 .
Mont. Code Ann. § 5-20-103 — MT Code / Title 5 / Chapter 20 / Part 1 / Section 5-20-103
5-20-103 Terminated
Status: in_force

5-20-103 . Terminated. Sec. 7, Ch. 3, Sp. L. June 1989.
Mont. Code Ann. § 5-5-303 — MT Code / Title 5 / Chapter 5 / Part 3 / Section 5-5-303
5-5-303 Resolution of concurrence
Status: in_force

5-5-303 . Resolution of concurrence. Whenever the senate concurs in a nomination, its secretary must immediately deliver a copy of the resolution of concurrence, certified by the president and secretary, to the secretary of state and another copy, certified by the secretary, to the governor.
Mont. Code Ann. § 5-5-415 — MT Code / Title 5 / Chapter 5 / Part 4 / Section 5-5-415
5-5-415 Service -- how made
Status: in_force

5-5-415 . Service -- how made. The service must be made upon the defendant personally, or if the defendant cannot upon diligent inquiry be found within the state, the senate, upon proof of that fact, may order publication to be made, in the manner that it considers proper, of a notice requiring the defendant to appear at a specified time and place and answer the articles of impeachment.
Mont. Code Ann. § 5-5-419 — MT Code / Title 5 / Chapter 5 / Part 4 / Section 5-5-419
5-5-419 Defendant's objection or answer
Status: in_force

5-5-419 . Defendant's objection or answer. When the defendant appears, the defendant may object, in writing, to the sufficiency of the articles of impeachment or may answer the articles by an oral plea of not guilty. The plea must be entered upon the journal and must put in issue every material allegation of the articles of impeachment.
Mont. Code Ann. § 5-12-209 — MT Code / Title 5 / Chapter 12 / Part 2 / Section 5-12-209
5-12-209 Reporting
Status: in_force

5-12-209 . Reporting. (1) To document the impacts and process associated with compliance with information requests made pursuant to Article II, section 9, of the Montana constitution and Title 2, chapter 6, each quarter, each executive branch agency, the legislative branch, and the judicial branch shall submit the information required by this section for the prior quarter to the legislative finance committee. The executive branch agencies subject to this section include the agencies headed by officers listed in Article VI, section 1, of the Montana constitution and the departments created pursuant to Article VI, section 7, of the Montana constitution.

(2) The report must contain the following information:

(a) the number of requests for information submitted to each entity in the preceding quarter;

(b) the identity of each requester;

(c) what information was requested;

(d) the date of the request; and

(e) the status of the request, whether completed or in progress.

(3) If the entity has completed the request, the report must also provide the following information:

(a) the date on which compliance with the request occurred;

(b) the number of hours to fulfill the request; and

(c) costs imposed on the requester to fulfill the request.

(4) For any request not completed in a quarter and reported pursuant to this section, the request must be reported on subsequent reports until the request has been completed.

(5) This section does not apply to requests that:

(a) were not submitted according to a public information request process or protocol established by an agency;

(b) pertain only to a specific person or property for applications, vital records, licenses, permits, registrations, and related supporting documents; or

(c) were for information accessible on a state website or other publication available at the time the request was made.
Mont. Code Ann. § 5-2-213 — MT Code / Title 5 / Chapter 2 / Part 2 / Section 5-2-213
5-2-213 Organization of house of representatives
Status: in_force

5-2-213 . Organization of house of representatives. At the time specified in 5-2-212 , the secretary of state or, in case of the secretary of state's absence or inability, the senior member-elect present shall take the chair, call the members-elect of the house of representatives to order, and then, from the certified roster prepared by the secretary of state, call over the roll of counties and districts. After the names are called, the members-elect shall take the constitutional oath of office and assume their seats. The house of representatives may at that time, if a quorum is present, proceed to elect its officers.
Mont. Code Ann. § 5-7-103 — MT Code / Title 5 / Chapter 7 / Part 1 / Section 5-7-103
5-7-103 Licenses -- fees -- eligibility -- waiver
Status: in_force

5-7-103 . Licenses -- fees -- eligibility -- waiver. (1) Any adult of good moral character who is otherwise qualified under this chapter may be licensed as a lobbyist. The commissioner shall provide a license application form. The application form may be obtained from and must be filed in the office of the commissioner. Upon approval of the application and receipt of the license fee by the commissioner, a license must be issued that entitles the licensee to practice lobbying on behalf of one or more enumerated principals. The license fee is $150 for each lobbyist except as provided in subsection (5) or unless the fee is waived for hardship reasons under this subsection. Each license expires on December 31 of each even-numbered year or may be terminated at the request of the lobbyist. A lobbyist who believes that payment of the license fee may constitute a hardship may apply to the commissioner for a waiver of the fee required by this section. The commissioner may waive all or a portion of the license fee upon proof by the lobbyist that payment of the fee constitutes a hardship.

(2) (a) Except as provided in subsection (2)(b), an application may not be disapproved without affording the applicant a hearing. The hearing must be held and the decision entered within 10 business days of the date of the filing of the application, excluding the date on which the application is filed.

(b) An application may not be approved if a principal has failed to file reports required under 5-7-208 .

(3) The fines collected under this chapter must be deposited in the state treasury.

(4) The commissioner shall deposit the license fee provided for in subsection (1) in the general fund.

(5) A lobbyist who receives payments from one or more principals that total less than the amount specified under 5-7-112 in a calendar year is not required to pay the license fee or file an application form as provided for in subsection (1).

(6) The commissioner may adopt rules to implement the waiver provisions of subsections (1) and (5).
Mont. Code Ann. § 5-13-203 — MT Code / Title 5 / Chapter 13 / Part 2 / Section 5-13-203
5-13-203 Meetings -- compensation
Status: in_force

5-13-203 . Meetings -- compensation. (1) The committee shall meet:

(a) as often as may be necessary during and between legislative sessions to advise and consult with the legislative auditor; and

(b) to review privatization plans and to make findings, conclusions, and recommendations as required under the provisions of 2-8-302 .

(2) Committee members are entitled to receive compensation and expenses as provided in 5-2-302 .
Mont. Code Ann. § 5-11-401 — MT Code / Title 5 / Chapter 11 / Part 4 / Section 5-11-401
5-11-401 Purpose
Status: in_force

5-11-401 . Purpose. It is the purpose of this part to establish a mechanism for information technology planning encompassing broad policy needs, long-term direction for information systems use, and the effective implementation of a detailed plan for the legislative branch. It is the purpose of the plan to ensure coordination of information system decisions so that the overall effectiveness of the senate, the house of representatives, and legislative agencies may be improved. It is the further purpose of the plan to enhance the coordination of legislative branch systems with executive branch systems whenever possible.
Mont. Code Ann. § 5-13-401 — MT Code / Title 5 / Chapter 13 / Part 4 / Section 5-13-401
5-13-401 Definitions
Status: in_force

5-13-401 . Definitions. As used in this part, the following definitions apply:

(1) "Agency" means each state office, department, division, board, commission, council, committee, institution, university system unit, or other entity or instrumentality of the executive branch, office of the judicial branch, or office of the legislative branch of state government.

(2) "Audit services" means financial compliance post audits as required by this chapter.

(3) "University system unit" means the board of regents or its units.
Mont. Code Ann. § 5-13-314 — MT Code / Title 5 / Chapter 13 / Part 3 / Section 5-13-314
5-13-314 Employment protection
Status: in_force

5-13-314 . Employment protection. An employee of the state of Montana or an authorized contractor who provides information to the committee, the legislative auditor, or the legislative auditor's authorized designee may not be subject to any penalties, sanctions, retaliation, or restrictions in connection with the employee's or contractor's employment as a result of the disclosure of information unless the employee or contractor disclosing the information has violated state law.
Mont. Code Ann. § 5-7-208 — MT Code / Title 5 / Chapter 7 / Part 2 / Section 5-7-208
5-7-208 Principals to file report
Status: in_force

5-7-208 . Principals to file report. (1) A principal subject to this chapter shall file with the commissioner electronic reports of payments made for the purpose of lobbying. A principal is subject to the reporting requirements of this section only if the principal makes total payments for the purpose of lobbying that exceed the amount specified under 5-7-112 during a calendar year.

(2) If payments are made solely to influence legislative action, a report must be made:

(a) by February 15th of any year the legislature is in session and must include all payments made in that calendar year prior to February 1;

(b) by the 15th day of the calendar month following a calendar month in which the principal spent the amount specified under 5-7-112 or more and must include all payments made during the prior calendar month; and

(c) no later than 30 days following adjournment of a legislative session and must include all payments made during the session, except as previously reported.

(3) If payments are made to influence any other official action by a legislator or made to influence other action and legislative action, a report must be made:

(a) by February 15th of the calendar year following the payments and must include all payments made during the prior calendar year; and

(b) by the 15th day of the calendar month following a calendar month in which the principal spent the amount specified under 5-7-112 or more and must include all payments made during the prior calendar month.

(4) If payments are not made during the reporting periods provided in subsections (2)(a), (2)(c), and (3)(a), the principal shall file a report stating that fact.

(5) Each report filed under this section must:

(a) list all payments for lobbying in each of the following categories:

(i) printing;

(ii) advertising, including production costs;

(iii) postage;

(iv) travel expenses;

(v) salaries and fees, including allowances, rewards, and contingency fees;

(vi) entertainment, including all foods and refreshments;

(vii) voice or any electronic communication; and

(viii) other office expenses;

(b) itemize, identifying the payee and the beneficiary:

(i) each separate payment conferring $25 or more benefit to any legislator when the payment was made for the purpose of lobbying; and

(ii) each separate payment conferring $100 or more benefit to more than one legislator, regardless of individual benefit when the payment was made for the purpose of lobbying, except that in regard to a dinner or other function to which all senators or all representatives have been invited, the beneficiary may be listed as all members of that group without listing separately each legislator who attended;

(c) list each contribution and membership fee that amounts to $250 or more when aggregated over the period of 1 calendar year paid to the principal for the purpose of lobbying, with the full address of each payer and the issue area, if any, for which the payment was earmarked;

(d) list each official action on which the principal or the principal's agents exerted a major effort to support, oppose, or modify, together with a statement of the principal's position for or against the action; and

(e) be kept by the commissioner for a period of 4 years.
Mont. Code Ann. § 5-4-501 — MT Code / Title 5 / Chapter 4 / Part 5 / Section 5-4-501
5-4-501 Terminated
Status: in_force

5-4-501 . Terminated. Sec. 8, Ch. 339, L. 1999.
Mont. Code Ann. § 5-12-201 — MT Code / Title 5 / Chapter 12 / Part 2 / Section 5-12-201
5-12-201 Legislative finance committee
Status: in_force

5-12-201 . Legislative finance committee. There is a legislative finance committee which is a permanent joint committee of the legislature.
Mont. Code Ann. § 5-2-405 — MT Code / Title 5 / Chapter 2 / Part 4 / Section 5-2-405
5-2-405 Term of appointee
Status: in_force

5-2-405 . Term of appointee. (1) Whenever a vacancy occurs in the house of representatives, the appointee shall serve until the end of the term to which the predecessor was elected.

(2) Whenever a vacancy occurs in the senate, the appointee shall serve until a successor can be elected as provided in 5-2-406 .
Mont. Code Ann. § 5-4-502 — MT Code / Title 5 / Chapter 4 / Part 5 / Section 5-4-502
5-4-502 Terminated
Status: in_force

5-4-502 . Terminated. Sec. 8, Ch. 339, L. 1999.
Mont. Code Ann. § 5-2-501 — MT Code / Title 5 / Chapter 2 / Part 5 / Section 5-2-501
5-2-501 Declaration of policy and purpose
Status: in_force

5-2-501 . Declaration of policy and purpose. It is the public policy of this state and the purpose of this part:

(1) to create a structure of the legislative branch of state government that is efficient and responsive to the needs of the people of this state and is sufficiently flexible to meet changing conditions;

(2) to strengthen the legislative branch capacity to administer its affairs effectively and efficiently on behalf of the people of the state;

(3) to provide means for coordination of branch activities; and

(4) to eliminate unnecessary overlapping and duplication of effort within the legislative branch of state government.
Mont. Code Ann. § 5-16-104 — MT Code / Title 5 / Chapter 16 / Part 1 / Section 5-16-104
5-16-104 Vacancies
Status: in_force

5-16-104 . Vacancies. (1) A vacancy on the council of a member appointed under 5-16-101 (2) occurring when the legislature is not in session must be filled by the selection of a member of the legislature by the same method as the original appointment. If there is a vacancy on the committee at the beginning of a legislative session because a member's term of office as a legislator has ended, a member of the same political party must be appointed in the same manner as the original appointment, no later than the 10th legislative day, to serve until a successor is appointed under 5-16-101 .

(2) When a vacancy on the council of a member appointed under 5-16-101(3) has occurred or is expected to occur, the appointing authority shall post a notice by electronic means announcing the actual or anticipated vacancy and describing the procedure for applying for appointment.
Mont. Code Ann. § 5-5-233 — MT Code / Title 5 / Chapter 5 / Part 2 / Section 5-5-233
5-5-233 Transportation interim committee
Status: in_force

5-5-233 . Transportation interim committee. The transportation interim committee has administrative rule review, draft legislation review, program evaluation, and monitoring functions for the department of transportation, the motor vehicle division of the department of justice, and the entities attached to the department of transportation for administrative purposes.
Mont. Code Ann. § 5-4-208 — MT Code / Title 5 / Chapter 4 / Part 2 / Section 5-4-208
5-4-208 Report of actual costs for legislation with projected fiscal impact
Status: in_force

5-4-208 . Report of actual costs for legislation with projected fiscal impact. (1) Except for the general appropriations act and any bill exempted by the legislature, for each bill with an estimated expenditure amount of over $500,000 from the general fund in any 1 of the 4 fiscal years identified in the bill's fiscal note, or as required in the bill, that is passed and approved for which a fiscal note is prepared and presented to the legislature, the office of budget and program planning shall prepare and present an annual report to the legislative finance committee by October 1 of each year.

(2) The report must include the following information:

(a) the name of the bill;

(b) the actual expenditures incurred based on the bill as enacted for the past entire fiscal year and a description of how the funds were expended; and

(c) a comparison to the projected costs of the bill as projected in the fiscal note for that same fiscal year.

(3) The report to the legislature must include bills that qualify under subsection (1) for which a fiscal note was prepared which have been in effect for at least 1 fiscal year. The bill must be included in the report for each year a cost was projected in a corresponding fiscal note.

(4) The report must be provided in an electronic format.

(5) The report must also be submitted to the legislature as provided in 5-11-210 .
Mont. Code Ann. § 5-5-216 — MT Code / Title 5 / Chapter 5 / Part 2 / Section 5-5-216
5-5-216 Recommendations of committees
Status: in_force

5-5-216 . Recommendations of committees. An interim committee or a statutory committee making a study designated by the legislative council may make recommendations for legislation. These recommendations and a report, if one is written, must be submitted to the legislature as provided in 5-11-210 .
Mont. Code Ann. § 5-5-223 — MT Code / Title 5 / Chapter 5 / Part 2 / Section 5-5-223
5-5-223 Economic affairs interim committee
Status: in_force

5-5-223 . Economic affairs interim committee. (1) The economic affairs interim committee has administrative rule review, draft legislation review, program evaluation, and monitoring functions for the following executive branch agencies and the entities attached to agencies for administrative purposes:

(a) department of agriculture;

(b) department of commerce;

(c) department of labor and industry;

(d) department of livestock;

(e) office of the state auditor and insurance commissioner;

(f) office of economic development;

(g) the state compensation insurance fund provided for in 39-71-2313 , including the board of directors of the state compensation insurance fund established in 2-15-1019 ;

(h) the division of banking and financial institutions provided for in 32-1-211 ; and

(i) the divisions of the department of revenue that administer the Montana Alcoholic Beverage Code and the Montana Marijuana Regulation and Taxation Act.

(2) The state compensation insurance fund shall annually provide to the committee a report in accordance with 5-11-210 on its budget as approved by the state compensation insurance fund board of directors.
Mont. Code Ann. § 5-20-104 — MT Code / Title 5 / Chapter 20 / Part 1 / Section 5-20-104
5-20-104 Terminated
Status: in_force

5-20-104 . Terminated. Sec. 7, Ch. 3, Sp. L. June 1989.
Mont. Code Ann. § 5-15-101 — MT Code / Title 5 / Chapter 15 / Part 1 / Section 5-15-101
5-15-101 Legislative consumer committee -- appointment and composition
Status: in_force

5-15-101 . Legislative consumer committee -- appointment and composition. (1) There is a legislative consumer committee consisting of:

(a) three members of the senate, two from the majority party and one from the minority party; and

(b) three members of the house of representatives, two from the majority party and one from the minority party.

(2) Members shall be appointed in the same manner as standing committees of the respective houses before the 60th legislative day of the legislative session following the expiration of the terms of the members of the committee.
Mont. Code Ann. § 5-4-202 — MT Code / Title 5 / Chapter 4 / Part 2 / Section 5-4-202
5-4-202 Requests for notes by committee, house, or sponsor
Status: in_force

5-4-202 . Requests for notes by committee, house, or sponsor. A fiscal note also may be requested on a bill, as the joint rules of the senate and the house of representatives may allow, by:

(1) a committee considering the bill;

(2) a majority of the members of the house in which the bill is to be considered, at the time of second reading; or

(3) the sponsor, through the presiding officer.
Mont. Code Ann. § 5-15-104 — MT Code / Title 5 / Chapter 15 / Part 1 / Section 5-15-104
5-15-104 Vacancies
Status: in_force

5-15-104 . Vacancies. A vacancy on the committee occurring when the legislature is not in session shall be filled by the selection of a legislator by the remaining members of the committee. If there is a vacancy on the committee at the beginning of a legislative session because a member's term of office as a legislator has ended, a member of the same political party must be appointed in the same manner as the original appointment, no later than the 10th legislative day, to serve until a successor is appointed under 5-15-101 .
Mont. Code Ann. § 5-13-402 — MT Code / Title 5 / Chapter 13 / Part 4 / Section 5-13-402
5-13-402 Audit costs
Status: in_force

5-13-402 . Audit costs. (1) Prior to July 1 of the year preceding the regular session in which the legislature is adopting a state budget:

(a) the legislative auditor shall advise each agency and the budget director of the estimated audit costs for the following biennium. Each agency shall include the estimated audit costs in its proposed budget submitted to the budget director pursuant to 17-7-112 . The budget director shall notify the legislative auditor if the executive budget recommendation to the legislature for audit costs differs from that proposed by the legislative auditor.

(b) the community college districts shall advise the budget director of the estimated audit costs for the following biennium. The budget director shall notify the community college districts if the executive budget recommendation to the legislature for audit costs differs from that proposed by the community college districts.

(2) Not later than 60 days after adjournment of each legislature, the budget director shall provide to the legislative auditor a schedule reflecting, by fund, amounts appropriated to each agency for audit costs.

(3) The legislative auditor shall bill agencies for audit services that the legislative auditor considers necessary. The legislative auditor may not bill an agency for audit services in excess of amounts appropriated for audit services. Additional audit-related services may be provided by the legislative auditor at a cost agreed to by an agency and billed to the agency.
Mont. Code Ann. § 5-11-206 — MT Code / Title 5 / Chapter 11 / Part 2 / Section 5-11-206
5-11-206 Index -- list
Status: repealed

5-11-206 . Index -- list. (1) The legislative services division shall prepare a suitable index of all the laws and resolutions passed or adopted at each session of the legislature. The index must be a thorough index of the laws and resolutions and of each subject contained in or covered by the laws and resolutions, together with a cross-index to assist in readily finding any subject contained in each volume. A separate index must be prepared for appropriation bills passed by each session of the legislature.

(2) For the purpose of uniformity in indexes, the index of each succeeding publication of the session laws must conform as nearly as practicable with those of the volumes preceding it.

(3) There must also be prepared for each publication of the session laws a "code sections affected list" showing what sections of the Montana Code Annotated have been amended or repealed by any laws enacted by that session of the legislature.
Mont. Code Ann. § 5-1-103 — MT Code / Title 5 / Chapter 1 / Part 1 / Section 5-1-103
5-1-103 Vacancy on commission
Status: in_force

5-1-103 . Vacancy on commission. (1) If a vacancy occurs on the commission, the appointing authority of the vacated seat shall designate a successor.

(2) If the appointing authority at the time a vacancy occurs is of a different political party than that of the appointing authority that made the appointment that is vacant, the majority leader or minority leader of the same political party as the appointing authority that made the original appointment of the commissioner whose position is vacated shall designate the successor.
Mont. Code Ann. § 5-2-102 — MT Code / Title 5 / Chapter 2 / Part 1 / Section 5-2-102
5-2-102 Term of office
Status: in_force

5-2-102 . Term of office. The term of office of a senator is 4 years or until a successor is elected and qualified, and the term of office of a representative is 2 years or until a successor is elected and qualified. The term of service begins on the first Monday of January following the election. If a senator is elected to fill a vacancy, the term of service begins on the day after the election.
Mont. Code Ann. § 5-7-204 — MT Code / Title 5 / Chapter 7 / Part 2 / Section 5-7-204
5-7-204 Updating docket
Status: in_force

5-7-204 . Updating docket. Any principal employing any lobbyist shall, when further subjects of legislation are introduced or arise which such lobbyist is to promote or oppose, make or cause to be made additional entries in the docket stating such employment so that the docket will show at all times all subjects of legislation in relation to which the lobbyist is employed or the general statement provided in 5-7-201 .
Mont. Code Ann. § 5-7-210 — MT Code / Title 5 / Chapter 7 / Part 2 / Section 5-7-210
5-7-210 Reimbursement
Status: in_force

5-7-210 . Reimbursement. Whenever a lobbyist invites a legislator to attend a function that the lobbyist or the lobbyist's principal has fully or partially funded or sponsored or whenever a lobbyist offers a legislator a gift, the lobbyist shall, upon request, supply the recipient legislator with the benefit's true or estimated cost and allow the legislator to reimburse. The expenditures must be itemized in the principal's reports with a notation "reimbursed by benefactee".
Mont. Code Ann. § 5-11-708 — MT Code / Title 5 / Chapter 11 / Part 7 / Section 5-11-708
5-11-708 Compensation of certain appointees to Pacific Northwest economic region
Status: in_force

5-11-708 . Compensation of certain appointees to Pacific Northwest economic region. Legislative members appointed to the Pacific Northwest economic region under 5-11-707 are entitled to receive a salary as provided in 5-2-301 (1) and to have travel expenses reimbursed as provided in 2-18-501 through 2-18-503 .
Mont. Code Ann. § 5-3-105 — MT Code / Title 5 / Chapter 3 / Part 1 / Section 5-3-105
5-3-105 Request by 30 members to poll legislators
Status: in_force

5-3-105 . Request by 30 members to poll legislators. (1) When the legislature is not in session, any 30 members may in writing request the secretary of state to poll the legislators to determine if a majority are in favor of a special session.

(2) The request must include:

(a) the conditions warranting the call of a special session;

(b) the purposes of the special session;

(c) draft legislation to be proposed during the special session drafted by the legislative services division as provided in subsection (3); and

(d) the proposed convening date and time of the special session.

(3) A legislator may request the legislative services division staff to draft legislation to be proposed during the special session.
Mont. Code Ann. § 5-5-106 — MT Code / Title 5 / Chapter 5 / Part 1 / Section 5-5-106
5-5-106 Scope and application of legislature investigative powers
Status: in_force

5-5-106 . Scope and application of legislature investigative powers. (1) (a) Pursuant to Article V, section 1, of the Montana constitution, the legislative power is vested in the legislature consisting of a senate and a house of representatives.

(b) The constitutional legislative power includes the legislature's broad power to investigate any subject related to enacting law, the implementation of enacted law, and the expenditure of money appropriated by the legislature.

(c) The presumption of constitutionality of legislative actions applies to legislative investigations.

(2) The broad scope and application of the legislature's investigative powers include but are not limited to the power to investigate:

(a) any subject regarding information in connection with the proper discharge of the legislature's function to enact, amend, or repeal statutes, appropriate money, audit state and local government finances and programs, or perform any other act delegated to the legislature by the constitution;

(b) any subject in which there is a legitimate use that the legislature can make of the information being sought;

(c) the management of state institutions and public agencies, as defined in 2-6-1002 ;

(d) matters concerning the administration of existing laws, proposed laws, or potentially necessary laws; and

(e) matters concerning defects in any social, political, or economic system to remedy those defects.

(3) The application and exercise of the legislature's investigative power must protect the rights of all persons and adhere to all state and federal constitutional protections related to privacy, life, liberty, and property.
Mont. Code Ann. § 5-5-417 — MT Code / Title 5 / Chapter 5 / Part 4 / Section 5-5-417
5-5-417 Proceedings on failure to appear
Status: in_force

5-5-417 . Proceedings on failure to appear. If the defendant does not appear, the senate, upon proof of service or publication as provided in 5-5-414 and 5-5-415 , may of its own motion or for cause shown assign another day for hearing the impeachment or may proceed in the absence of the defendant to trial and judgment.
Mont. Code Ann. § 5-5-227 — MT Code / Title 5 / Chapter 5 / Part 2 / Section 5-5-227
5-5-227 Revenue interim committee -- powers and duties -- revenue estimating and use of estimates
Status: in_force

5-5-227 . Revenue interim committee -- powers and duties -- revenue estimating and use of estimates. (1) The revenue interim committee has administrative rule review, draft legislation review, program evaluation, and monitoring functions for the Montana tax appeal board established in 2-15-1015 and for the department of revenue and the entities attached to the department for administrative purposes, except the divisions of the department that administer the Montana Alcoholic Beverage Code and the Montana Marijuana Regulation and Taxation Act.

(2) (a) The committee must have prepared by December 1 for introduction during each regular session of the legislature in which a revenue bill is under consideration an estimate of the amount of revenue projected to be available for legislative appropriation.

(b) The committee may prepare for introduction during a special session of the legislature in which a revenue bill or an appropriation bill is under consideration an estimate of the amount of projected revenue. The revenue estimate is considered a subject specified in the call of a special session under 5-3-101 .

(3) The committee's estimate, as introduced in the legislature, constitutes the legislature's current revenue estimate until amended or until final adoption of the estimate by both houses. It is intended that the legislature's estimates and the assumptions underlying the estimates will be used by all agencies with responsibilities for estimating revenue or costs, including the preparation of fiscal notes.

(4) The legislative services division shall provide staff assistance to the committee. The committee may request the assistance of the staffs of the office of the legislative fiscal analyst, the legislative auditor, the department of revenue, and any other agency that has information regarding any of the tax or revenue bases of the state.

(5) The committee shall review tax credits as provided in 15-30-2303 .

(6) The committee shall make a recommendation to the next legislature about whether to revise property tax rates based on the report provided in 15-7-111 . The committee may evaluate the impact of the tax rates on property taxes, the maximum levy authorized under 15-10-420 , and levies voted pursuant to 15-10-425 .
Mont. Code Ann. § 5-2-406 — MT Code / Title 5 / Chapter 2 / Part 4 / Section 5-2-406
5-2-406 Elections to fill vacancies in senate
Status: in_force

5-2-406 . Elections to fill vacancies in senate. (1) Whenever a vacancy occurs 85 days or more before the general election held during the second year of the term, an individual must be appointed pursuant to 5-2-402 . The appointment continues until a person is elected to complete the term at the upcoming general election and is sworn into office. The election procedure to be used to elect the successor is as follows:

(a) Whenever the vacancy occurs 85 days or more prior to the primary election during the second year, the same procedure as is used for senators who will be elected to full 4-year terms at that general election must be utilized.

(b) Whenever the vacancy occurs on or after the 85th day prior to the primary election, any political party desiring to enter a candidate in the general election shall select a candidate as provided in 13-10-327 and 13-38-204 . A political party shall notify the secretary of state of the party nominee. A person desiring to be a candidate as an independent shall follow the procedures provided in 13-10-501 and 13-10-502 . The petition for an independent candidate must be filed with the secretary of state on or before the 85th day prior to the general election.

(2) Whenever a vacancy occurs on or after the 85th day prior to the general election held during the second year of the term, the person appointed by the board under 5-2-402 shall serve until the end of the term.
Mont. Code Ann. § 5-4-102 — MT Code / Title 5 / Chapter 4 / Part 1 / Section 5-4-102
5-4-102 Limitation on title of referred legislation
Status: repealed

5-4-102 . Limitation on title of referred legislation. All bills referred by the legislature to a vote of the people must have a title of no more than 100 words, exclusive of section numbers of any statutes being amended or repealed.
Mont. Code Ann. § 5-7-101 — MT Code / Title 5 / Chapter 7 / Part 1 / Section 5-7-101
5-7-101 Purposes of chapter -- applicability
Status: in_force

5-7-101 . Purposes of chapter -- applicability. (1) The purposes of this chapter are to promote a high standard of ethics in the practice of lobbying, to prevent unfair and unethical lobbying practices, to provide for the licensing of lobbyists and the suspension or revocation of the licenses, and to require disclosure of the amounts of money spent for lobbying.

(2) This chapter does not subject an individual lobbying on the individual's own behalf to any reporting requirements or deprive an individual of the constitutional right to communicate with legislators.
Mont. Code Ann. § 5-11-707 — MT Code / Title 5 / Chapter 11 / Part 7 / Section 5-11-707
5-11-707 Appointment to Pacific Northwest economic region -- vacancy
Status: in_force

5-11-707 . Appointment to Pacific Northwest economic region -- vacancy. (1) Pursuant to 5-11-706 , Article III, the governor or a designee and four legislators must be appointed to the delegate council of the Pacific Northwest economic region. The legislative members are appointed as follows:

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

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

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

(d) one member to be appointed by the minority leader of the house of representatives.

(2) If the Pacific Northwest economic region establishes policy committees under 5-11-706 , Article V, appointments of legislators to the policy committees are to be made by the legislative council as provided in 5-11-305 .

(3) In the event that a vacancy occurs, appointment to fill the vacancy must be made in the same manner as the original appointment.
Mont. Code Ann. § 5-5-217 — MT Code / Title 5 / Chapter 5 / Part 2 / Section 5-5-217
5-5-217 Selection and assignment of interim studies
Status: in_force

5-5-217 . Selection and assignment of interim studies. (1) Immediately following adjournment sine die, the legislative services division shall prepare a list of study requests adopted. A copy of the list must be distributed to each legislator with a request that the legislator rank the study requests in the order of importance that the legislator ascribes to them. The lists, with the priorities assigned, must be returned to the legislative services division.

(2) The legislative council shall review the priority lists returned by legislators, review estimated costs and staff assistance associated with the requested studies, and designate those studies to be assigned. In designating studies, the legislative council may combine requests as one study when the subject matter of those requests is closely related. The legislative council shall designate the interim committees and statutory committees to be assigned the studies and shall assign related studies to the same committee.

(3) The legislative services division shall inform the interim committees and statutory committees of those studies that have been selected and to which interim committee or statutory committee each study has been assigned. An interim committee or a statutory committee may recommend to the legislative council that an interim study assigned to that committee should be reassigned to another interim committee or statutory committee or should not be conducted. The legislative council may adopt, reject, or modify the interim committee recommendation.
Mont. Code Ann. § 5-11-105 — MT Code / Title 5 / Chapter 11 / Part 1 / Section 5-11-105
5-11-105 Powers and duties of council
Status: in_force

5-11-105 . Powers and duties of council. (1) The legislative council shall:

(a) employ and, in accordance with the rules for classification and pay established as provided in this section, set the salary of an executive director of the legislative services division, who serves at the pleasure of and is responsible to the legislative council;

(b) with the concurrence of the legislative audit committee and the legislative finance committee, adopt rules for classification and pay of legislative branch employees, other than those of the office of consumer counsel;

(c) with the concurrence of the legislative audit committee and the legislative finance committee, adopt rules governing personnel management of branch employees, other than those of the office of consumer counsel;

(d) adopt procedures to administer legislator claims for reimbursements authorized by law for interim activity;

(e) establish time schedules and deadlines for the interim committees of the legislature, including dates for requesting bills and completing interim work;

(f) review proposed legislation for agencies or entities that are not assigned to an interim committee, as provided in 5-5-223 through 5-5-228 , or to the environmental quality council, as provided in 75-1-324 ;

(g) review proposed statewide initiatives as defined in 13-27-110 and vote to either support or not support the placement of the text of the proposed statewide initiative on the ballot in accordance with 13-27-228 ; and

(h) perform other duties assigned by law.

(2) If a question of statewide importance arises when the legislature is not in session and a legislative interim committee has not been assigned to consider the question, the legislative council shall assign the question to an appropriate interim committee, as provided in 5-5-202 , or to the appropriate statutorily created committee.
Mont. Code Ann. § 5-7-209 — MT Code / Title 5 / Chapter 7 / Part 2 / Section 5-7-209
5-7-209 Payments prohibited unless reported -- penalty for late filing, failure to report, or false statement
Status: in_force

5-7-209 . Payments prohibited unless reported -- penalty for late filing, failure to report, or false statement. A principal may not make payments to influence official action by any legislator or the legislature unless that principal files the reports required under this chapter. A principal who fails to file a required report within the time required by this chapter is subject to the penalties provided in 5-7-305 and 5-7-306 (1). A principal who knowingly files a false, erroneous, or incomplete statement commits the offense of unsworn falsification to authorities.
Mont. Code Ann. § 5-5-226 — MT Code / Title 5 / Chapter 5 / Part 2 / Section 5-5-226
5-5-226 Law and justice interim committee
Status: in_force

5-5-226 . Law and justice interim committee. The law and justice interim committee has administrative rule review, draft legislation review, program evaluation, and monitoring functions for the office of state public defender, the department of corrections, the department of justice except for the motor vehicle division pursuant to 5-5-233 , and the entities attached to the departments for administrative purposes. The committee shall act as a liaison with the judiciary.
Mont. Code Ann. § 5-1-101 — MT Code / Title 5 / Chapter 1 / Part 1 / Section 5-1-101
5-1-101 Commission to redistrict and reapportion -- number of legislators
Status: in_force

5-1-101 . Commission to redistrict and reapportion -- number of legislators. (1) In each session preceding each federal population census, a commission of five citizens, none of whom may be public officials, shall be selected to prepare the plans for redistricting and reapportioning the state into legislative and congressional districts.

(2) The plans for redistricting and reapportionment of legislative districts must be based on the number of members in the house of representatives and the senate to be determined in the legislative session before the census.
Mont. Code Ann. § 5-2-303 — MT Code / Title 5 / Chapter 2 / Part 3 / Section 5-2-303
5-2-303 Participation in state benefits group -- employer contribution made to other plan
Status: in_force

5-2-303 . (Subsection (2)(c) effective on occurrence of contingency) Participation in state benefits group -- employer contribution made to other plan. (1) Individual members of the senate and the house of representatives may enroll in the state employees benefits group during the terms to which they have been elected. The provider of benefits shall enroll and collect employee contributions directly from those legislators. The employer contribution must be paid from funds appropriated for that purpose.

(2) (a) If a member elects to waive coverage under the state employees benefits group plan and is insured under a plan providing disability insurance, as defined in 33-1-207 , or is covered through a life insurance policy, as defined in 33-1-208 , the department of administration, upon request of the member, shall pay to the member an amount equal to the premium required to be paid by the member for coverage of the member and any dependents under the disability insurance plan or life insurance policy, subject to the limitation contained in subsection (2)(b) less any required tax withholding.

(b) A payment made under subsection (2)(a) may not exceed the amount of the employer contribution for group benefits for members of the legislature as provided for in 2-18-703 .

(c) To the extent allowed under federal law, a member may be reimbursed for premiums for:

(i) a plan offered as an individual major medical policy or a medicare supplement plan; or

(ii) coverage under medicare plans.

(d) Unused employer contributions must be transferred to an account as provided in 2-18-703 for a legislator who is a state employee and who has contributions paid for by another agency when the legislature is not in session. (Subsection (2)(c) effective on occurrence of contingency--sec. 3, 4, Ch. 300, L. 2017.)
Mont. Code Ann. § 5-2-215 — MT Code / Title 5 / Chapter 2 / Part 2 / Section 5-2-215
5-2-215 Election of officers
Status: in_force

5-2-215 . Election of officers. In all elections of officers of either branch of the legislature, a majority of all the votes given is necessary to a choice.
Mont. Code Ann. § 5-5-421 — MT Code / Title 5 / Chapter 5 / Part 4 / Section 5-5-421
5-5-421 Two-thirds vote necessary to conviction
Status: in_force

5-5-421 . Two-thirds vote necessary to conviction. The defendant cannot be convicted on impeachment without the concurrence of two-thirds of the members elected, voting by ayes and noes. If two-thirds of the members elected do not concur in a conviction, the defendant must be acquitted.
Mont. Code Ann. § 5-5-231 — MT Code / Title 5 / Chapter 5 / Part 2 / Section 5-5-231
5-5-231 Water policy interim committee
Status: in_force

5-5-231 . Water policy interim committee. (1) There is a water policy interim committee. The committee shall:

(a) determine which water policy issues it examines;

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

(c) subject to the provisions of 5-5-202 (4), coordinate with the environmental quality council and other interim committees to avoid duplication of efforts;

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

(e) in accordance with 5-5-215 , for issues where the primary concern is the quality or quantity of water, perform the administrative rule review, draft legislation review, program evaluation, and monitoring functions of an interim committee for the following executive branch agencies and the entities attached to the agencies for administrative purposes:

(i) department of environmental quality;

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

(iii) department of natural resources and conservation.

(2) At least two members of the committee must possess experience in agriculture.
Mont. Code Ann. § 5-4-303 — MT Code / Title 5 / Chapter 4 / Part 3 / Section 5-4-303
5-4-303 Line item veto
Status: in_force

5-4-303 . Line item veto. If a bill presented to the governor contains several distinct items of appropriation of money, the governor may disapprove one or more items while approving other portions of the bill. If an item is disapproved, the governor shall append to the bill, at the time of signing it, a statement of the items objected to and the reasons for the objection. The governor shall transmit to the house in which the bill originated, or to the secretary of state if the legislature is not in session, a copy of the statement, and the items objected to must be separately reconsidered in the same manner as bills that have been disapproved by the governor.
Mont. Code Ann. § 5-13-313 — MT Code / Title 5 / Chapter 13 / Part 3 / Section 5-13-313
5-13-313 Audit selection based on risk
Status: in_force

5-13-313 . Audit selection based on risk. (1) In selecting and prioritizing the agencies or programs for audit under 5-13-304 , the legislative auditor shall consider the agency's or program's financial, operational, and technological risks associated with meeting its intended purpose, goals, objectives, and legal mandates.

(2) To aid in identifying agencies and programs for audit, the committee shall, before July 1 of each odd-numbered year, request that the governor, the board of regents, and the judiciary furnish the committee with a list of any recommendations for agencies and programs within the governor's, board of regents', or judiciary's respective jurisdiction to be considered for audit during the next biennium pursuant to this chapter. The list may be prioritized and must set forth the reasons for recommending each agency or program to be considered based on the risk criteria in subsection (1).

(3) The legislative auditor shall review the lists, suggestions from legislators and legislative committees, staff recommendations, and any other relevant information and consult with the committee as necessary.
Mont. Code Ann. § 5-20-105 — MT Code / Title 5 / Chapter 20 / Part 1 / Section 5-20-105
5-20-105 Terminated
Status: in_force

5-20-105 . Terminated. Sec. 7, Ch. 3, Sp. L. June 1989.
Mont. Code Ann. § 5-7-201 — MT Code / Title 5 / Chapter 7 / Part 2 / Section 5-7-201
5-7-201 Docket -- contents
Status: in_force

5-7-201 . Docket -- contents. The commissioner shall make available to the public the information required by this chapter, including but not limited to the name and business address of each lobbyist, the name and business address of the lobbyist's principal, and the subject or subjects to which the employment relates or a statement that the employment relates to all matters in which the principal has an interest. The docket entry for each principal must also indicate the date of receipt of the principal's lobbying reports as required by 5-7-208 .
Mont. Code Ann. § 5-3-107 — MT Code / Title 5 / Chapter 3 / Part 1 / Section 5-3-107
5-3-107 Notice of time of approved special session
Status: in_force

5-3-107 . Notice of time of approved special session. If a majority of the legislators reply affirmatively to the poll, the secretary of state shall notify each legislator of the time and day on which the special session shall convene.
Mont. Code Ann. § 5-2-101 — MT Code / Title 5 / Chapter 2 / Part 1 / Section 5-2-101
5-2-101 Composition of legislature
Status: in_force

5-2-101 . Composition of legislature. The legislature consists of senators and representatives elected from the several senatorial and representative districts of the state in the number specified by law.
Mont. Code Ann. § 5-4-503 — MT Code / Title 5 / Chapter 4 / Part 5 / Section 5-4-503
5-4-503 Terminated
Status: in_force

5-4-503 . Terminated. Sec. 8, Ch. 339, L. 1999.
Mont. Code Ann. § 5-13-309 — MT Code / Title 5 / Chapter 13 / Part 3 / Section 5-13-309
5-13-309 Information from state agencies
Status: in_force

5-13-309 . Information from state agencies. (1) All state agencies shall aid and assist the legislative auditor in the auditing of books, accounts, activities, and records.

(2) The legislative auditor may examine at any time the books, accounts, activities, and records, confidential or otherwise, of a state agency. This section may not be construed as authorizing the publication of information prohibited by law.

(3) The head of each state agency shall immediately notify both the attorney general and the legislative auditor in writing upon the discovery of any theft, actual or suspected, involving state money or property under that agency's control or for which the agency is responsible.
Mont. Code Ann. § 5-5-432 — MT Code / Title 5 / Chapter 5 / Part 4 / Section 5-5-432
5-5-432 Effect of judgment of suspension
Status: in_force

5-5-432 . Effect of judgment of suspension. If judgment of suspension is given, the defendant, during the continuance thereof, is disqualified from receiving the salary, fees, or emoluments of the office.
Mont. Code Ann. § 5-12-203 — MT Code / Title 5 / Chapter 12 / Part 2 / Section 5-12-203
5-12-203 Term -- officers -- compensation
Status: in_force

5-12-203 . Term -- officers -- compensation. (1) Appointments are for 2 years, and a member of the committee shall serve until the member's term of office as a legislator ends or until a successor is appointed, whichever occurs first.

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

(3) Members of the committee are entitled to receive compensation and expenses as provided in 5-2-302 .
Mont. Code Ann. § 5-13-306 — MT Code / Title 5 / Chapter 13 / Part 3 / Section 5-13-306
5-13-306 Legislative auditor to assist legislature during sessions
Status: in_force

5-13-306 . Legislative auditor to assist legislature during sessions. During sessions of the legislature, the legislative auditor and the audit staff, when requested, shall assist the legislature, its committees, and its members by gathering and analyzing information relating to the fiscal affairs of state government.
Mont. Code Ann. § 5-5-401 — MT Code / Title 5 / Chapter 5 / Part 4 / Section 5-5-401
5-5-401 Officers liable to impeachment
Status: in_force

5-5-401 . Officers liable to impeachment. The governor, executive officers, heads of state departments, and judicial officers are liable to impeachment for felonies and misdemeanors or malfeasance in office.