Mont. Code Ann. § 2-15-2201 — MT Code / Title 2 / Chapter 15 / Part 22 / Section 2-15-2201
2-15-2201 Department of public health and human services -- head
Status: in_force

2-15-2201 . Department of public health and human services -- head. There is a department of public health and human services. The department head is a director of public health and human services appointed by the governor in accordance with 2-15-111 .
Mont. Code Ann. § 2-17-811 — MT Code / Title 2 / Chapter 17 / Part 8 / Section 2-17-811
2-17-811 Custodial care of capitol buildings and grounds
Status: in_force

2-17-811 . Custodial care of capitol buildings and grounds. (1) The department of administration is custodian of all state property and grounds in the capitol complex.

(2) (a) The department shall supervise and direct the work of caring for and maintaining buildings and equipment in the capitol complex.

(b) The department shall provide or approve all custodial, maintenance, and security work done on state-owned or leased buildings in the capitol complex.

(c) The legislature shall pay the maintenance service fee rate approved by the legislature for:

(i) the legislative space for nonpartisan legislative staff within the capitol; and

(ii) the old board of health building, including common space.

(3) (a) Except as provided in subsection (3)(b), a state agency may not alter, improve, repair, or remodel a state building in the state capitol area without the approval of the department.

(b) (i) After giving notice to the department, the legislative council may alter, improve, or remodel legislative space that only affects legislative space and that complies with all laws, including Title 22, chapter 3, and 18-2-108 .

(ii) (A) The department shall consult the legislative council regarding the department's approval and timing of any alteration, improvement, remodel, or major repair of legislative space.

(B) The department shall notify the legislative council if the department lacks sufficient resources to complete a legislative space project or to satisfy the timing of a project.

(c) (i) Except as provided in subsection (3)(c)(ii), if the department disapproves an alteration, improvement, or remodel of legislative space, the legislative council may override that disapproval and direct the department to proceed with the project.

(ii) A legislative space project may not impair building infrastructure or systems that serve an entire building or facility.

(4) The department shall maintain or approve the maintenance of the grounds in the state capitol area.
Mont. Code Ann. § 2-9-211 — MT Code / Title 2 / Chapter 9 / Part 2 / Section 2-9-211
2-9-211 Political subdivision insurance
Status: in_force

2-9-211 . Political subdivision insurance. (1) All political subdivisions of the state may procure insurance separately or jointly with other subdivisions and may elect to use a deductible or self-insurance plan, wholly or in part. Political subdivisions that elect to procure insurance jointly (pooled fund) under this section may obtain excess coverage from a surplus lines insurer without proceeding under the provisions of 33-2-302 (2)(a)(ii) and (2)(a)(iii). Political subdivisions that are not in a pooled fund may obtain excess coverage from a surplus lines insurer without proceeding under the provisions of 33-2-302 (2)(a)(ii) and (2)(a)(iii) only if the insurer carries an A rating or better by a nationally recognized rating company or is a Lloyd's of London underwriter.

(2) A political subdivision that elects to establish a deductible plan may establish a deductible reserve separately or jointly with other subdivisions.

(3) A political subdivision that elects to establish a self-insurance plan may accumulate a self-insurance reserve fund, separately or jointly with other subdivisions, sufficient to provide self-insurance for all liability coverages that, in its discretion, the political subdivision considers should be self-insured. Payments into the reserve fund must be made from local legislative appropriations for that purpose or from the proceeds of bonds or notes authorized by subsection (5). Proceeds of the fund may be used only to pay claims under parts 1 through 3 of this chapter and for actual and necessary expenses required for the efficient administration of the fund.

(4) Money in reserve funds established under this section not needed to meet expected expenditures must be invested, and all proceeds of the investment must be credited to the fund.

(5) A political subdivision may issue and sell its bonds or notes for purposes of funding a self-insurance or deductible reserve fund and costs incident to the reserve fund in an amount not exceeding 0.18% of the total assessed value of taxable property, determined as provided in 15-8-111 , within the political subdivision as of the date of issuance. The bonds or notes must be authorized by resolution of the governing body, are payable from the taxes authorized by 2-9-212 , may be sold at public or private sale, do not constitute debt within the meaning of any statutory debt limitation, and may contain other terms and provisions as the governing body determines. Two or more political subdivisions may agree pursuant to an interlocal agreement to exercise their respective borrowing powers under this section jointly and may authorize a joint board created pursuant to the agreement to exercise powers on their behalf.
Mont. Code Ann. § 2-17-604 — MT Code / Title 2 / Chapter 17 / Part 6 / Section 2-17-604
2-17-604 Alternatives to public internet services providers
Status: in_force

2-17-604 . Alternatives to public internet services providers. An agency or political subdivision is encouraged to publish its requirements for internet services and to use, to the maximum extent possible, private internet services providers to deliver internet services to the public.
Mont. Code Ann. § 2-15-3105 — MT Code / Title 2 / Chapter 15 / Part 31 / Section 2-15-3105
2-15-3105 Board of milk control -- membership -- allocation -- quasi-judicial
Status: in_force

2-15-3105 . Board of milk control -- membership -- allocation -- quasi-judicial. (1) There is a board of milk control.

(2) The board consists of five members. A member may not be connected in any way with the production, processing, distribution, or wholesale or retail sale of milk or dairy products. A member may not have held an elective or appointive public office during the 2 years immediately preceding appointment, and a member may not hold a public office, either elective or appointive, during a term on the board. Not more than three members may be of the same political party.

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

(4) The board is designated as a quasi-judicial board for purposes of 2-15-124 .
Mont. Code Ann. § 2-15-2044 — MT Code / Title 2 / Chapter 15 / Part 20 / Section 2-15-2044
2-15-2044 Montana end of watch trust board
Status: in_force

2-15-2044 . Montana end of watch trust board. (1) There is a volunteer board to oversee the administration of the Montana end of watch trust provided for in 2-15-2041 and to determine the eligibility of applicants seeking funds from the trust. The board is attached to the department for administrative purposes only, as provided in 2-15-121 .

(2) The board consists of five members appointed by the attorney general, including:

(a) a representative of the Montana sheriffs and peace officers association;

(b) a representative of the Montana police protective association;

(c) a representative of the association of Montana troopers;

(d) a representative of the Montana association of chiefs of police; and

(e) a representative from the department.

(3) The board shall:

(a) meet at least once each fiscal year;

(b) convene as necessary to review applications and determine the eligibility of applicants; and

(c) review the board of investments annual report for the fund.
Mont. Code Ann. § 2-6-1008 — MT Code / Title 2 / Chapter 6 / Part 10 / Section 2-6-1008
2-6-1008 Certified copies of records -- historic records and constitutional officer records -- exception
Status: in_force

2-6-1008 . Certified copies of records -- historic records and constitutional officer records -- exception. (1) A person may request a certified copy of a public record from a public agency subject to the provisions of 2-6-1003 . The public agency may charge a fee for the certified copy in accordance with 2-6-1006 .

(2) A person may request a certified copy of a historic record or a constitutional officer record from the Montana historical society subject to the provisions of 2-6-1003 . The Montana historical society may charge a fee for the certified copy in accordance with 2-6-1006 and 2-6-1007 (4).

(3) A certified copy created by the Montana historical society of a historic record or a constitutional officer record has the same force in law as if made by the original public agency that created the record.

(4) Pursuant to 2-15-403 , this section does not apply to certified copies provided by the secretary of state for information contained in the secretary of state's corporate and uniform commercial code electronic filing system.
Mont. Code Ann. § 2-6-1009 — MT Code / Title 2 / Chapter 6 / Part 10 / Section 2-6-1009
2-6-1009 Written notice of denial -- failure to meet response deadline -- civil action -- costs to prevailing party in certain actions to enforce constitutional or statutory rights
Status: in_force

2-6-1009 . (Temporary) Written notice of denial -- failure to meet response deadline -- civil action -- costs to prevailing party in certain actions to enforce constitutional or statutory rights. (1) A public agency that denies an information request to release information or records shall provide a written explanation for the denial.

(2) If a person who makes an information request receives a denial from a public agency and believes that the denial violates the provisions of this chapter, the person may file a complaint pursuant to the Montana Rules of Civil Procedure in district court.

(3) If a person who makes an information request to an executive branch agency does not receive a response from the agency as required in 2-6-1006 (3), the person may file a complaint in district court.

(4) A person alleging a deprivation of rights who prevails in an action brought in district court to enforce the person's rights under Article II, section 9, of the Montana constitution or under the provisions of Title 2, chapter 6, parts 10 through 12, may be awarded costs and reasonable attorney fees.
Mont. Code Ann. § 2-15-1523 — MT Code / Title 2 / Chapter 15 / Part 15 / Section 2-15-1523
2-15-1523 Ground water assessment steering committee
Status: in_force

2-15-1523 . Ground water assessment steering committee. (1) There is a ground water assessment steering committee consisting of an employee of each of the following state agencies that have responsibility for ground water protection, management, or information. The member must be appointed by the head of the respective state agency:

(a) the department of natural resources and conservation;

(b) the department of environmental quality;

(c) the department of agriculture; and

(d) the Montana state library, natural resource information system.

(2) The ground water assessment steering committee may include representatives of the following agencies and units of government with expertise or management responsibility related to ground water and representatives of the organizations and groups specified in subsection (2)(h), who shall serve as ex officio members:

(a) the legislative services division;

(b) the board of oil and gas conservation;

(c) the Montana bureau of mines and geology;

(d) a unit of the university system, other than the Montana bureau of mines and geology, appointed by the board of regents of higher education for the Montana university system;

(e) a county government, appointed by an organization of Montana counties;

(f) a city, town, or city-county government, appointed by an organization of Montana cities and towns;

(g) each principal federal agency that has responsibility for ground water protection, management, or research, appointed by the Montana head of the respective federal agency; and

(h) one representative of each of the following, appointed by the governor:

(i) agricultural water users;

(ii) industrial water users;

(iii) a conservation or ecological protection organization; and

(iv) the development community.

(3) The ground water assessment steering committee shall elect a presiding officer from its voting members.

(4) The Montana bureau of mines and geology shall provide staff support to the committee.
Mont. Code Ann. § 2-15-2232 — MT Code / Title 2 / Chapter 15 / Part 22 / Section 2-15-2232
2-15-2232 Rare disease advisory council duties -- meetings -- reports -- funding
Status: in_force

2-15-2232 . Rare disease advisory council duties -- meetings -- reports -- funding. (1) To benefit individuals impacted by rare diseases in the state, the advisory council shall perform the following duties:

(a) convene public hearings, make inquiries, and solicit public comment to assist the advisory council in surveying the needs of rare disease patients, caregivers, and providers in the state;

(b) consult with experts on rare diseases to develop policy recommendations for improving patient access to and quality of rare disease specialists, affordable and comprehensive health care coverage, relevant diagnostics, timely treatment, and other needed services;

(c) publish on the department of public health and human services' website:

(i) a list of existing, publicly accessible resources on research, diagnosis, treatment, and education related to rare diseases in the state; and

(ii) meeting minutes, notice of upcoming meetings, and opportunities for the submission of public comment to the advisory council;

(d) identify areas of unmet need for research and opportunities for collaboration with stakeholders and rare disease advisory councils in other states that can inform future studies and work done by the advisory council; and

(e) identify and distribute educational resources to health care providers to foster recognition and optimize treatment of rare diseases in the state.

(2) (a) The initial meeting of the advisory council must be held within 90 days after July 1, 2025.

(b) For the first year after the advisory council is established, the advisory council shall meet no less than once a month in person or remotely for a length of time established by the presiding officer.

(c) After the first year of the advisory council's operation, the advisory council shall meet no less than once a quarter in person or remotely as determined by the presiding officer.

(3) Within 1 year after July 1, 2025, and annually thereafter, the council shall submit a report to the governor and, in accordance with 5-11-210 , to the legislature and the children, families, health, and human services interim committee describing:

(a) the activities and progress of the advisory council related to the duties described in subsection (1);

(b) the status of the funding of the advisory council, including grants that are sought, accepted, or used; and

(c) recommendations to the governor and legislature on ways to address the needs of individuals living with rare diseases in the state.

(4) The advisory council may seek gifts, donations, grants, and other sources of funding to support its activities.
Mont. Code Ann. § 2-17-603 — MT Code / Title 2 / Chapter 17 / Part 6 / Section 2-17-603
2-17-603 Government competition with private internet services providers prohibited -- exceptions
Status: in_force

2-17-603 . Government competition with private internet services providers prohibited -- exceptions. (1) Except as provided in subsection (2)(a) or (2)(b), an agency or political subdivision of the state may not directly or through another agency or political subdivision be an internet services provider.

(2) (a) An agency or political subdivision may act as an internet services provider if:

(i) no private internet services provider is available within the jurisdiction served by the agency or political subdivision; or

(ii) the agency or political subdivision provided services prior to July 1, 2001.

(b) An agency or political subdivision may act as an internet services provider when providing advanced services that are not otherwise available from a private internet services provider within the jurisdiction served by the agency or political subdivision.

(c) If a private internet services provider elects to provide internet services in a jurisdiction where an agency or political subdivision is providing internet services, the private internet services provider shall inform the agency or the political subdivision in writing at least 30 days in advance of offering internet services.

(3) Upon receiving notice pursuant to subsection (2)(c), the agency or political subdivision shall notify its subscribers within 30 days of the intent of the private internet services provider to begin providing internet services and may choose to discontinue providing internet services within 180 days of the notice.

(4) Nothing in this section may be construed to prohibit an agency or political subdivision from:

(a) offering digital government services to the general public;

(b) acquiring access to the internet from a private internet services provider in order to offer digital government services to the general public; or

(c) providing funding to private broadband service providers for broadband service infrastructure projects; or

(d) providing network infrastructure within the contiguous campus of the agency or political subdivision.
Mont. Code Ann. § 2-15-102 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-102
2-15-102 Definitions
Status: in_force

2-15-102 . Definitions. As used in this chapter, the following definitions apply:

(1) "Advisory capacity" means furnishing advice, gathering information, making recommendations, and performing other activities that may be necessary to comply with federal funding requirements and does not mean administering a program or function or setting policy.

(2) "Agency" means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive branch of state government.

(3) "Data" means any information stored on information technology resources.

(4) "Department" means a principal functional and administrative entity that:

(a) is created by this chapter within the executive branch of state government;

(b) is one of the 20 principal departments permitted under the constitution; and

(c) includes its units.

(5) "Department head" means a director, commission, board, commissioner, or constitutional officer in charge of a department created by this chapter.

(6) (a) "Director" means a department head specifically referred to as a director in this chapter and does not mean a commission, board, commissioner, or constitutional officer.

(b) The term does not include the state director of Indian affairs provided for in 2-15-217 .

(7) "Executive branch" means the executive branch of state government referred to in Article III, section 1, and Article VI of the Montana constitution.

(8) "Function" means a duty, power, or program, exercised by or assigned to an agency, whether or not specifically provided for by law.

(9) "Information technology resources" means hardware, software, and associated services and infrastructure used to store or transmit information in any form, including voice, video, and electronic data.

(10) "Quasi-judicial function" means an adjudicatory function exercised by an agency, involving the exercise of judgment and discretion in making determinations in controversies. The term includes but is not limited to the functions of:

(a) interpreting, applying, and enforcing existing rules and laws;

(b) granting or denying privileges, rights, or benefits;

(c) issuing, suspending, or revoking licenses, permits, and certificates;

(d) determining rights and interests of adverse parties;

(e) evaluating and passing on facts;

(f) awarding compensation;

(g) fixing prices;

(h) ordering action or abatement of action;

(i) adopting procedural rules;

(j) holding hearings; and

(k) any other act necessary to the performance of a quasi-judicial function.

(11) "Quasi-legislative function" generally means making or having the power to make rules or set rates and all other acts connected with or essential to the proper exercise of a quasi-legislative function.

(12) "Unit" means an internal subdivision of an agency, created by law or by administrative action, including a division, bureau, section, or department, and an agency allocated to a department for administrative purposes only by this chapter.
Mont. Code Ann. § 2-15-406 — MT Code / Title 2 / Chapter 15 / Part 4 / Section 2-15-406
2-15-406 Custody and reproduction of certain records by secretary of state
Status: in_force

2-15-406 . Custody and reproduction of certain records by secretary of state. (1) The secretary of state is charged with the custody of:

(a) the enrolled copy of the constitution;

(b) all the acts and resolutions passed by the legislature;

(c) the journals of the legislature;

(d) the great seal;

(e) all documents kept or deposited in the secretary of state's office pursuant to law.

(2) All records included in subsection (1) may be kept and reproduced in accordance with rules adopted by the secretary of state in consultation with the state records committee provided for in 2-6-1107 .

(3) The state records committee may approve the disposal of original records once those records are reproduced as provided for in subsection (2) unless disposal takes the form of transfer of records. Reproduction is not necessary for transferred records. The reproduction or certified copy of a record may be used in place of the original for all purposes, including as evidence in any court or proceeding, and has the same force and effect as the original record.
Mont. Code Ann. § 2-6-1006 — MT Code / Title 2 / Chapter 6 / Part 10 / Section 2-6-1006
2-6-1006 Public information requests -- fees
Status: in_force

2-6-1006 . (Temporary) Public information requests -- fees. (1) (a) A person may request public information from a public agency. A public agency shall make the means of requesting public information accessible to all persons.

(b) (i) All public agencies are governed by this subsection (1).

(ii) A public agency that is not an executive branch agency must meet the requirements of subsection (2) when responding to a public information request.

(iii) Except as provided in subsection (1)(b)(iv), all executive branch agencies must meet the requirements of subsection (3) when responding to a public information request.

(iv) The secretary of state must meet the requirements of subsection (4) regarding fees.

(c) A public agency other than the office of the secretary of state may charge a fee pursuant to subsections (1)(e) and (5) and this subsection (1)(c). The fee must be documented. The public agency may require the requesting person to pay the estimated fee prior to identifying and gathering the requested public information.

(d) A public agency is not required to alter or customize public information to provide it in a form specified to meet the needs of the requesting person.

(e) If a public agency agrees to a request to customize a records request response, the costs of the customization may be included in the fees charged by the agency.

(2) Upon receiving a request for public information, a public agency that is not an executive branch agency shall respond in a timely manner to the requesting person by:

(a) making the public information maintained by the public agency available for inspection and copying by the requesting person; or

(b) providing the requesting person with an estimate of the time it will take to fulfill the request if the public information cannot be readily identified and gathered as well as any fees that may be charged.

(3) (a) (i) An executive branch agency shall respond to a public information request by acknowledging receipt of the request within 5 business days of the agency's designated contact person receiving the request. Except for confidential, privileged, or otherwise protected information that is not subject to public disclosure under applicable law and information withheld from public scrutiny as provided in 2-6-1003 , the executive branch agency shall respond by:

(A) making the public information maintained by the executive branch agency available in a timely manner for inspection and copying by the requesting person;

(B) providing a specified public record to the requesting person within 5 working days of the executive branch agency's acknowledgment of receipt of the request if the request is for a single, specific, clearly identifiable, and readily available public record; or

(C) responding as provided in subsection (3)(b).

(ii) Subsection (3)(a)(i)(B) does not apply to requests pertaining only to a specified person or property, including requests for applications, vital records, licenses, permits, or registrations.

(b) (i) If a request seeks public information that cannot be readily identified and gathered, the agency shall provide the requesting person an estimate of the time it will take to fulfill the request and any fees that may be charged and shall provide the public information to the requesting person in a timely manner, which may be, except as provided in subsection (3)(b)(ii), within either:

(A) 90 days of the public agency's acknowledgment of the request; or

(B) 6 months of the public agency's acknowledgment of the request if the agency determines 90 days is not feasible for a response and the agency provides the requesting person written notice explaining why the agency is unable to provide a response within 90 days.

(ii) If an executive branch agency requires a requesting person to pay an estimated fee, the agency's obligation to respond to the request is suspended upon sending the estimate to the requesting person and remains suspended until the requesting person makes payment.

(c) An executive branch agency may request additional information or clarification from a requesting person for the purpose of expediting the agency's response to the request. If the agency has requested additional information or clarification, the agency's obligation to respond to the request is suspended until the requesting person provides the requested information or clarification or until the requesting person denies the agency's request for additional information or clarification. If a person requesting public information fails to respond within 30 days to an agency's request for additional information or clarification, the agency may close the request after notifying the requesting person.

(d) Each executive branch agency must have a designated contact for public information requests posted on its website.

(e) By 1 month after this section becomes applicable to an executive branch agency, an executive branch agency that is subject to this subsection (3) shall:

(i) establish a public information request process describing the steps for submitting a request and the process the agency will follow when responding to a request for public information, which must be published on a state website;

(ii) provide statistics about public information requests received by the designated contact of the agency, including the number of requests and the agency's response time to fulfill or otherwise resolve the requests; and

(iii) retain and publish on a state website the public information requests the agency has received and the agency's response. Requests and responses must be available for 2 years from the date of the request. The agency is not required to publish requests or responses if the request:

(A) was not submitted according to the agency's posted process;

(B) pertains only to a specific person or property, including requests for applications, vital records, licenses, permits, registrations, and related supporting documents; or

(C) was for information accessible on a state website or other publication available at the time the request was made.

(4) (a) The secretary of state is authorized to charge fees under this section. The fees must be set and deposited in accordance with 2-15-405 . The fees must be collected in advance.

(b) The secretary of state may not charge a fee to a member of the legislature or a public officer for any search relative to matters pertaining to the duties of the member's office or for a certified copy of any law or resolution passed by the legislature relative to the member's official duties.

(5) A public agency may charge the following fees:

(a) fees for making public information maintained by the public agency available for inspection and copying by the requesting person at the public agency. A public agency that incurs a cost may only charge for it once pursuant to subsections (5)(a)(i) through (5)(a)(v). These fees may include but are not limited to:

(i) fees not exceeding $25 an hour for searching for, gathering, reviewing, processing, and providing information in the most cost-efficient and timely manner possible;

(ii) the actual cost to fulfill the request, subject to the limit provided in subsection (5)(a)(i);

(iii) the cost of providing the public information to the requester, including but not limited to copying and media costs;

(iv) a convenience fee as provided in 2-17-1102 , if applicable; and

(v) other reasonable costs directly incurred by the public agency.

(b) fees for fulfilling a request for a single, specific, clearly identifiable, and readily available public record. A public agency that incurs a cost may only charge for it once pursuant to subsections (5)(b)(i) through (5)(b)(v). These fees may include but are not limited to:

(i) fees not exceeding $25 an hour for gathering, reviewing, processing, and providing information in the most cost-efficient and timely manner possible;

(ii) the actual cost to fulfill the request, subject to the limit provided in subsection (5)(b)(i);

(iii) the cost of providing the public information to the requester, including but not limited to scanning, copying, media, postage, and shipping costs;

(iv) a convenience fee as provided in 2-17-1102 , if applicable; and

(v) other reasonable costs directly incurred by the public agency.

(c) fees for fulfilling a request for public information that is not a request for a single, specific, clearly identifiable, and readily available public record. A public agency that incurs a cost may only charge for it once pursuant to subsections (5)(c)(i) through (5)(c)(vi). After the first hour of service, which is free after the filing fee in subsection (5)(c)(i) is paid, these fees may include but are not limited to:

(i) a filing fee not to exceed $5;

(ii) fees not exceeding $25 an hour for searching for, gathering, reviewing, processing, and providing information in the most cost-efficient and timely manner possible;

(iii) the actual cost to fulfill the request, subject to the limit provided in subsection (5)(c)(ii);

(iv) the cost of providing the public information to the requester, including but not limited to scanning, copying, media, postage, and shipping costs;

(v) a convenience fee as provided in 2-17-1102 , if applicable; and

(vi) other reasonable costs directly incurred by the public agency. (Terminates June 30, 2026--sec. 6, Ch. 479, L. 2025.)
Mont. Code Ann. § 2-15-3102 — MT Code / Title 2 / Chapter 15 / Part 31 / Section 2-15-3102
2-15-3102 Board of livestock -- composition
Status: in_force

2-15-3102 . Board of livestock -- composition. (1) There is a board of livestock.

(2) The board consists of seven members appointed by the governor with the consent of the senate. Each member must be a resident of the state and an active livestock producer. A member must be appointed upon the recommendation of the related industry and must have the following qualifications:

(a) four are cattle producers;

(b) one is a dairy producer representing the dairy and poultry industry;

(c) one is a swine producer; and

(d) one is a sheep producer.

(3) An appointee is vested with all the powers and duties of office before being confirmed by the senate, as are directors in 2-15-111 (2).

(4) The governor shall designate the presiding officer of the board.

(5) A member shall serve for a term of 6 years.

(6) Members of the board must be reimbursed and compensated as are members of quasi-judicial boards in 2-15-124 (7).
Mont. Code Ann. § 2-18-1204 — MT Code / Title 2 / Chapter 18 / Part 12 / Section 2-18-1204
2-18-1204 Salary and benefits protection -- employee transfer
Status: in_force

2-18-1204 . Salary and benefits protection -- employee transfer. An employee whose position is eliminated as a result of privatization, reorganization of an agency, closure of or a reduction in force at an agency, or other actions by the legislature and who is subsequently transferred to a different position in a state agency is entitled to:

(1) the same hourly salary as previously received if the new position is the same classification or higher as the one previously held;

(2) retain all accrued sick leave credits;

(3) retain, cash out, or use accrued vacation leave credits to extend the employee's effective layoff date; and

(4) relocation expenses as provided in agency policy.
Mont. Code Ann. § 2-2-205 — MT Code / Title 2 / Chapter 2 / Part 2 / Section 2-2-205
2-2-205 Affidavit to be required by auditing officers
Status: in_force

2-2-205 . Affidavit to be required by auditing officers. Each officer whose duty it is to audit and allow the accounts of other state, county, city, township, or town officers shall, before allowing the accounts, require each of the officers to make and file with the auditing officer an affidavit that the affiant has not violated any of the provisions of this part.
Mont. Code Ann. § 2-9-504 — MT Code / Title 2 / Chapter 9 / Part 5 / Section 2-9-504
2-9-504 Conditions, form, and signatures
Status: in_force

2-9-504 . Conditions, form, and signatures. (1) The condition of an official bond must be that the principal shall well, truly, and faithfully perform all official duties required of the principal by law and also any additional duties that may be imposed on the principal by any law of the state subsequently enacted and that the principal will account for, pay over, and deliver to the person or officer entitled to receive all money or other property that the principal receives as an officer.

(2) The principal and sureties upon an official bond are liable for the neglect, default, or misconduct in office of any deputy, clerk, or employee appointed or employed by the principal.

(3) Official bonds must be signed and executed by the principal and two or more sureties or by the principal and one or more surety companies organized under the laws of this state or licensed to do business in this state.

(4) Official bonds must be joint and several and made payable to the state of Montana in the amount and with the conditions required by this part or the law creating or regulating the duties of the office.
Mont. Code Ann. § 2-15-1311 — MT Code / Title 2 / Chapter 15 / Part 13 / Section 2-15-1311
2-15-1311 Advisory council for Multistate Tax Compact
Status: in_force

2-15-1311 . Advisory council for Multistate Tax Compact. The director of revenue shall appoint an advisory council for the purpose of complying with Article VI, section 1(b), of the Multistate Tax Compact if local subdivisions are affected by the compact. The provisions of 2-15-122 apply if an advisory council is appointed.
Mont. Code Ann. § 2-17-1204 — MT Code / Title 2 / Chapter 17 / Part 12 / Section 2-17-1204
2-17-1204 Selecting lender for state building construction loan -- process
Status: in_force

2-17-1204 . Selecting lender for state building construction loan -- process. (1) Except as provided in subsections (2) and (3), when selecting a financial institution to be the lender for a state building construction loan, a public agency shall select the financial institution that is the lowest responsible bidder in terms of interest rate, without regard to residency.

(2) In the event the lowest bidder does not have a physical branch located in the state, the public agency shall:

(a) determine if the next lowest bidder has a physical branch located in the state; and

(b) if, when multiplying the low bid by 1.025, the next lowest bid is at or less than the bid of the lowest bidder, notify the next lowest bidder and give that bidder 2 business days to offer a bid of equal terms.

(3) If the next lowest bidder offers an equal bid, the public agency shall select that bidder as the lender of its state building construction loan.
Mont. Code Ann. § 2-6-1201 — MT Code / Title 2 / Chapter 6 / Part 12 / Section 2-6-1201
2-6-1201 Local government records committee -- composition and meetings
Status: in_force

2-6-1201 . Local government records committee -- composition and meetings. (1) There is a local government records committee.

(2) The committee consists of the following eight members:

(a) the state archivist;

(b) the state records manager;

(c) a representative of the department of administration;

(d) two local government records managers appointed by the director of the Montana historical society;

(e) two local government records managers appointed by the secretary of state; and

(f) a person representing the Montana state genealogical society, appointed by the secretary of state, who shall serve as a volunteer.

(3) Committee members subject to appointment shall hold office for a period of 2 years beginning January 1 of the year following their appointment.

(4) Vacancies must be filled in the same manner they were filled originally.

(5) The committee shall elect a presiding officer and a vice presiding officer.

(6) The committee shall meet at least twice a year upon the call of the secretary of state or the presiding officer.

(7) Except for the member appointed in subsection (2)(f), members of the committee not serving as part of their compensated government employment must be compensated in accordance with 2-18-501 through 2-18-503 for each day in committee attendance. Members who serve as part of their compensated government employment may not receive additional compensation, but the employing governmental entity shall furnish, in accordance with the prevailing per diem rates, a reasonable allowance for travel and other expenses incurred in attending committee meetings.
Mont. Code Ann. § 2-17-107 — MT Code / Title 2 / Chapter 17 / Part 1 / Section 2-17-107
2-17-107 State consideration for use of heritage properties
Status: in_force

2-17-107 . State consideration for use of heritage properties. (1) (a) Prior to the purchase, lease, or rent of space for state agency purposes, the director of the department involved may request the state historic preservation officer to identify existing properties within the geographical area where the space is needed that:

(i) are heritage properties as defined in 22-3-421 which are listed or eligible to be listed in the register of historic places; and

(ii) may be suitable, either in their existing condition or through repair or alteration, for such purposes.

(b) The state historic preservation officer shall provide the requested information within 30 days.

(2) The director may review and give consideration to the properties identified by the state historic preservation officer unless use of the space would not be feasible and prudent compared with available alternatives.
Mont. Code Ann. § 2-15-602 — MT Code / Title 2 / Chapter 15 / Part 6 / Section 2-15-602
2-15-602 Deputy state auditor
Status: in_force

2-15-602 . Deputy state auditor. (1) The state auditor shall appoint a deputy who in the absence of the principal or in the case of vacancy in the office of state auditor shall perform all the duties of the office until the disability is removed or the vacancy is filled.

(2) The deputy shall subscribe, take, and file the oath of office provided by law for other state officers before entering upon the performance of the duties.
Mont. Code Ann. § 2-15-219 — MT Code / Title 2 / Chapter 15 / Part 2 / Section 2-15-219
2-15-219 Chief economic development officer -- duties
Status: in_force

2-15-219 . Chief economic development officer -- duties. The chief economic development officer shall:

(1) advise the governor on policy issues related to economic development;

(2) coordinate the state's business recruitment, retention, and expansion efforts;

(3) coordinate the development and distribution of a statewide coordinated strategic economic development plan;

(4) coordinate the individual functions and programs within the office as provided in 2-15-218 ; and

(5) serve as the state's primary liaison between federal, state, and local agencies, Montana tribal governments, private, nonprofit economic development organizations, and the private sector.
Mont. Code Ann. § 2-16-114 — MT Code / Title 2 / Chapter 16 / Part 1 / Section 2-16-114
2-16-114 Facsimile signatures and seals
Status: in_force

2-16-114 . Facsimile signatures and seals. (1) As used in this section, the following definitions apply:

(a) "Authorized officer" means any official of this state or any of its departments, agencies, public bodies, or other instrumentalities or any of its political subdivisions whose signature to a public security or instrument of payment is required or permitted.

(b) "Facsimile signature" means a reproduction by engraving, imprinting, stamping, or other means of the manual signature of an authorized officer.

(c) "Instrument of payment" means a check, draft, warrant, or order for the payment, delivery, or transfer of funds.

(d) "Public security" means a bond, note, certificate of indebtedness, or other obligation for the payment of money issued by this state or by any of its departments, agencies, public bodies, or other instrumentalities or by any of its political subdivisions.

(2) An authorized officer, after filing with the secretary of state or, in the case of officers of any city, town, county, school district, or other political subdivision, with the clerk of the subdivision, the officer's manual signature certified by the officer under oath, may execute or cause to be executed with a facsimile signature in lieu of the manual signature:

(a) any public security, provided that at least one signature required or permitted to be placed on the security must be manually subscribed, but manual subscription is not required for interest coupons attached to the security; and

(b) any instrument of payment.

(3) Upon compliance with this section by the authorized officer, the facsimile signature has the same legal effect as a manual signature.

(4) When the seal of this state or any of its departments, agencies, public bodies, or other instrumentalities or of any of its political subdivisions is required in the execution of a public security or instrument of payment, the authorized officer may cause the seal to be printed, engraved, stamped, or otherwise placed in facsimile on the security or instrument. The facsimile seal has the same legal effect as the impression of the seal.

(5) A person who with intent to defraud uses on a public security or an instrument of payment a facsimile signature or any reproduction of it of any authorized officer or any facsimile seal or any reproduction of it of this state or any of its departments, agencies, public bodies, or other instrumentalities or of any of its political subdivisions is guilty of a felony.
Mont. Code Ann. § 2-16-515 — MT Code / Title 2 / Chapter 16 / Part 5 / Section 2-16-515
2-16-515 Governor and lieutenant governor incapacitated
Status: in_force

2-16-515 . Governor and lieutenant governor incapacitated. (1) If both the governor and lieutenant governor are unable to serve as governor, the president of the senate shall become acting governor until the governor or lieutenant governor is able to resume the duties of the office.

(2) If the president of the senate is unable to become acting governor, the speaker of the house of representatives shall become acting governor.
Mont. Code Ann. § 2-15-2029 — MT Code / Title 2 / Chapter 15 / Part 20 / Section 2-15-2029
2-15-2029 Montana public safety officer standards and training council -- administrative attachment -- rulemaking
Status: in_force

2-15-2029 . Montana public safety officer standards and training council -- administrative attachment -- rulemaking. (1) (a) There is a Montana public safety officer standards and training council. The council is a quasi-judicial board, as provided for in 2-15-124 , and is allocated to the department of justice, established in 2-15-2001 , for administrative purposes only as provided in 2-15-121 , except as provided in subsection (1)(b) of this section.

(b) The council may hire its own personnel and independently administer the conduct of its business, and 2-15-121 (2)(a), (2)(d), and (3)(a) do not apply.

(2) The council may adopt rules to implement the provisions of 7-32-303 and Title 44, chapter 4, part 4. Rules must be adopted pursuant to the Montana Administrative Procedure Act.
Mont. Code Ann. § 2-15-149 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-149
2-15-149 Naming of sites and geographic features -- replacement of word "squaw", "half-breed", or "breed" -- advisory group
Status: in_force

2-15-149 . Naming of sites and geographic features -- replacement of word "squaw", "half-breed", or "breed" -- advisory group. (1) The state director of Indian affairs shall appoint an advisory group, which must include a member of the Little Shell Chippewa tribe, to serve on a volunteer basis to consult with local agencies, organizations, and individuals to reach a consensus on developing names to replace present site or geographic names that contain the word "squaw", "half-breed", or "breed".

(2) Each agency of state government that owns or manages public land in the state shall identify any features or places under its jurisdiction that contain the word "squaw", "half-breed", or "breed" and inform the advisory group of the agency's identification of features or places containing any of those words. The agency shall ensure that whenever the agency updates a map or replaces a sign, an interpretive marker, or any other marker because of wear or vandalism, the word "squaw", "half-breed", or "breed" is removed and replaced with the name chosen by the advisory group.

(3) The advisory group shall:

(a) notify the U.S. forest service, the Montana departments of commerce and natural resources and conservation, and any other entity that compiles information for and develops maps for the state or for public use of the name change so that it may be reflected on subsequent editions of any maps or informational literature produced by those entities; and

(b) place a formal request with the United States board on geographic names to render a decision on the proposed name change so that the new name will be reflected on all United States board on geographic names maps.
Mont. Code Ann. § 2-15-3112 — MT Code / Title 2 / Chapter 15 / Part 31 / Section 2-15-3112
2-15-3112 Livestock loss mitigation program -- definitions
Status: in_force

2-15-3112 . Livestock loss mitigation program -- definitions. The livestock loss board shall establish and administer a program to reimburse livestock producers for livestock losses caused by wolves, mountain lions, black bears, and grizzly bears, subject to the following provisions:

(1) The board shall establish eligibility requirements for reimbursement, which must provide that all Montana livestock producers are eligible for coverage for losses by wolves, mountain lions, and grizzly bears to cattle, domestic bison, swine, horses, mules, sheep, goats, llamas, and livestock guard dogs on state, federal, tribal, and private land.

(2) (a) Except as provided in subsection (2)(b), the board may reimburse confirmed and probable livestock losses at an amount not to exceed the fair market value of the livestock.

(b) The board may reimburse confirmed and probable livestock losses by paying a multiplier of the fair market value of the livestock based on a board-determined region.

(c) Before the board may issue a reimbursement for losses to a livestock producer eligible for coverage for losses, the department of revenue shall certify that the livestock producer has paid per capita fees as required by 15-24-921 . Except for a tribal member or tribal entity participating in an authorized agreement pursuant to 2-15-3113 , a livestock producer may not receive a reimbursement for losses until the producer has paid any delinquent per capita fees.

(3) Other losses may be reimbursed at rates determined by the board.

(4) A claim process must be established to be used when a livestock producer suffers a livestock loss for which wolves, mountain lions, black bears, or grizzly bears may be responsible. The claim process must set out a clear and concise method for documenting and processing claims for reimbursement for livestock losses.

(5) Names, addresses, and other personally identifiable information of claimants must remain confidential and may not be released.

(6) (a) A process must be established to allow livestock producers to appeal reimbursement decisions. A producer may appeal a staff adjuster's decision by notifying the staff adjuster and the board in writing, stating the reasons for the appeal and providing documentation supporting the appeal. If the documentation is incomplete, the board or a producer may consult with the U.S. department of agriculture wildlife services to complete the documentation.

(b) The board may not accept any appeal on the question of whether the loss was or was not a confirmed or probable loss because that final determination lies solely with the U.S. department of agriculture wildlife services and may not be changed by the board.

(c) The board shall hold a hearing on an appeal within 90 days of receipt of the written appeal, allowing the staff adjuster and the producer to present their positions. A decision must be rendered by the board within 30 days after the hearing. The producer must be notified in writing of the board's decision.

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

(a) "Confirmed" means reasonable physical evidence that livestock was actually attacked or killed by a wolf, mountain lion, black bear, or grizzly bear, including but not limited to the presence of bite marks indicative of the spacing of tooth punctures of wolves, mountain lions, black bear, or grizzly bears and associated subcutaneous hemorrhaging and tissue damage indicating that the attack occurred while the animal was alive, feeding patterns on the carcass, fresh tracks, scat, hair rubbed off on fences or brush, eyewitness accounts, or other physical evidence that allows a reasonable inference of wolf, mountain lion, black bear, or grizzly bear predation on an animal that has been largely consumed.

(b) "Fair market value" means:

(i) for commercial sheep more than 1 year old, the average price of sheep of similar age and sex paid at the most recent Billings livestock sale ring or other ring as determined by the board;

(ii) for commercial lambs, the average market weaning value;

(iii) for registered sheep, twice the average value of commercial sheep of the same age and sex;

(iv) for commercial cattle more than 1 year old, the average price of cattle of similar age and sex paid at the most recent Billings livestock sale ring or other ring as determined by the board;

(v) for commercial calves, the average market weaning value;

(vi) for registered cattle, twice the average value of commercial cattle of the same age and sex;

(vii) for other registered livestock, twice the average value of commercial-grade animals of the same breed, age, and sex; or

(viii) for domestic bison and other livestock, the average price paid at the most recent public auction for the type of animal lost or the replacement price as determined by the board.

(c) "Probable" means the presence of some evidence to suggest possible predation but a lack of sufficient evidence to clearly confirm predation by a particular species. A kill may be classified as probable depending on factors including but not limited to recent confirmed predation by the suspected depredating species in the same or a nearby area, recent observation of the livestock by the owner or the owner's employees, and telemetry monitoring data, sightings, howling, or fresh tracks suggesting that the suspected depredating species may have been in the area when the depredation occurred.
Mont. Code Ann. § 2-7-524 — MT Code / Title 2 / Chapter 7 / Part 5 / Section 2-7-524
2-7-524 Filing of claims against local government entity -- disposition by department as prerequisite
Status: in_force

2-7-524 . Filing of claims against local government entity -- disposition by department as prerequisite. (1) All claims against a local government entity for failure to file an annual financial report with the department as required by 2-7-503 (1), failure to complete and submit an audit or financial review to the department as required by 2-7-503 (3), or failure to resolve significant audit findings or implement corrective measures as required by 2-7-515 (3) within 2 years of the applicable deadlines must be presented in writing to the department.

(2) A complaint based on a claim subject to the provisions of subsection (1) may not be filed in district court unless the claimant has first presented the claim to the department and submitted a copy of the claim to the local government entity. Upon the department's receipt of the claim, the statute of limitations on the claim is tolled until a written determination is issued under subsection (3).

(3) The department must review the claim and issue one of the following determinations in writing within 60 days after the claim is presented to the department:

(a) the local government entity has not violated the requirements of this part for a period of 2 years from the applicable deadlines;

(b) there is sufficient evidence of the violations of the requirements of this part for a period of 2 years from the applicable deadlines, and the department will initiate further technical assistance to help the local government entity come into compliance with this part within 6 months; or

(c) there is sufficient evidence of the violations of the requirements of this part for a period of 2 years from the applicable deadlines.

(4) If the department issues a written determination under subsection (3)(b), within 6 months the department must provide the complainant with a final determination that either:

(a) the local government entity has come into compliance with the provisions of this part; or

(b) there is sufficient evidence of the violations of the requirements of this part.

(5) A complainant must receive a written determination from the department under subsection (3)(c) or (4)(b) before proceeding to district court in accordance with 2-7-523 .

(6) The failure of the department to issue a written determination of a claim within 60 days after the claim is presented to the department must be considered a written determination under subsection (3)(c) for purposes of this section.
Mont. Code Ann. § 2-15-111 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-111
2-15-111 Appointment and qualifications of department heads
Status: in_force

2-15-111 . Appointment and qualifications of department heads. (1) At the beginning of each gubernatorial term, the governor shall appoint each department head who serves as a director as provided in this chapter.

(2) An appointment of a director by the governor is subject to the confirmation of the senate, except that the governor may appoint a director to assume office before the senate meets in its next regular session to consider the appointment. A director so appointed is vested with all the functions of the office upon assuming the office and is a de jure officer, notwithstanding the fact that the senate has not yet confirmed the appointment. If the senate does not confirm the appointment of a director, the governor shall make a new appointment.

(3) A director serves at the pleasure of the governor. The governor may remove a director at any time and appoint a new director to the office.

(4) The governor shall select a director on the basis of the person's professional and administrative knowledge and experience and additional qualifications that are provided by law.

(5) If a vacancy occurs in the office of a director, the governor shall appoint a new director to serve at the pleasure of the governor.

(6) Heads of departments who are not directors must be elected or appointed and serve and have their vacancies filled as provided by law.
Mont. Code Ann. § 2-18-1310 — MT Code / Title 2 / Chapter 18 / Part 13 / Section 2-18-1310
2-18-1310 Plan membership election -- contract for employer participation
Status: in_force

2-18-1310 . Plan membership election -- contract for employer participation. (1) At the request of at least 25% of its employees, an employer may facilitate an election by all the employer's employees or by a specified group of the employer's employees to determine whether those employees will form an association for the purpose of participating in the plan. An election among employees on whether to form an association may also be initiated by the employer.

(2) If a majority of the employees voting on the question vote to become plan members, then, in a manner prescribed by the department:

(a) all of the employees that were eligible to vote on the question and any employees subsequently hired into the positions covered under the terms and conditions of the election must be formed as a common association for the purpose of plan membership and the employees must become plan members; and

(b) the employer shall enter into a contract with the department to participate in the plan and must become a contracting employer.

(3) A common association shall operate in a manner prescribed by the department unless the association is disbanded in a manner prescribed by the department.

(4) A contracting employer shall provide to the department, or the appropriate administering entity, the information necessary for the plan's operation. The department, in partnership with a contracting employer, shall provide to plan members the information necessary to actively participate in the plan.
Mont. Code Ann. § 2-17-411 — MT Code / Title 2 / Chapter 17 / Part 4 / Section 2-17-411
2-17-411 Motor pool -- department of transportation -- exceptions
Status: in_force

2-17-411 . Motor pool -- department of transportation -- exceptions. (1) The department of transportation's motor pool is responsible for the acquisition, operation, maintenance, repair, and administration of all motor vehicles in the custody of the motor pool.

(2) Except as provided in 2-17-425 , this part does not apply to a motor vehicle used in the service of the governor or the attorney general.

(3) This part does not apply to a motor vehicle used in the service of the highway patrol.
Mont. Code Ann. § 2-9-201 — MT Code / Title 2 / Chapter 9 / Part 2 / Section 2-9-201
2-9-201 Comprehensive insurance plan for state
Status: in_force

2-9-201 . Comprehensive insurance plan for state. (1) The department of administration is responsible for the acquisition and administration of all the insurance purchased for protection of the state, as defined in 2-9-101 .

(2) The department of administration shall, after consultation with the departments, agencies, commissions, and other instrumentalities of the state, provide a comprehensive insurance plan for the state providing insurance coverage to the state in amounts determined and set by the department of administration and may purchase, renew, cancel, and modify all policies according to the comprehensive insurance plan. The plan may include property, casualty, liability, crime, fidelity, and any such other policies of insurance as the department of administration may from time to time deem reasonable and prudent.

(3) The department of administration may in its discretion elect to utilize a deductible insurance plan, either wholly or in part.

(4) Only the department of administration may procure insurance under parts 1 through 3 of this chapter except as otherwise provided herein.

(5) All offices, departments, agencies, authorities, commissions, boards, institutions, hospitals, colleges, universities, and other instrumentalities of the state hereafter called state participants shall comply with parts 1 through 3 and the insurance plan developed by the department of administration.
Mont. Code Ann. § 2-6-1205 — MT Code / Title 2 / Chapter 6 / Part 12 / Section 2-6-1205
2-6-1205 Disposal of local government public records prohibited prior to offering -- central registry -- notification
Status: in_force

2-6-1205 . Disposal of local government public records prohibited prior to offering -- central registry -- notification. (1) A local government public record that is more than 50 years old may not be destroyed unless it is first offered to the Montana historical society, the state archives, Montana public and private universities and colleges, local historical museums, local historical societies, Montana genealogical groups, and the general public.

(2) The availability of a public record to be destroyed must be noticed to the entities listed in subsection (1) at least 30 days prior to disposal.

(3) (a) Claimed records must be given to entities in the order of priority listed in subsection (1).

(b) All expenses for the removal of claimed records must be paid by the entity claiming the records.

(c) The local government records committee shall establish procedures by which public records must be offered and claimed pursuant to this section.

(d) The local government records committee shall develop and maintain a central registry of the entities identified in subsection (1) who are interested in receiving notice of the potential destruction of public records pursuant to this section. The registry must be constructed to allow a local government entity to notify the local government records committee when the entity intends to destroy documents covered under this section and allow the local government records committee to subsequently notify the entities in the registry. A local government entity's notice to the local government records committee pursuant to this subsection (3)(d) and the records committee's notice to the entities listed on the registry fulfill the notification requirements of this section.

(4) A local government entity shall ensure that any record that contains confidential information or is otherwise protected from disclosure is not added to the central registry under subsection (3).
Mont. Code Ann. § 2-18-641 — MT Code / Title 2 / Chapter 18 / Part 6 / Section 2-18-641
2-18-641 Exemption -- employees of certain county hospitals or rest homes and hospital districts
Status: in_force

2-18-641 . Exemption -- employees of certain county hospitals or rest homes and hospital districts. (1) An employee of a county hospital or county rest home in a county having a taxable valuation of less than $30 million or an employee of a hospital district is exempt from the provisions of this part.

(2) For any reduction in leave benefits for an employee subject to subsection (1), there must be an increase in compensation or benefits.
Mont. Code Ann. § 2-9-112 — MT Code / Title 2 / Chapter 9 / Part 1 / Section 2-9-112
2-9-112 Immunity from suit for judicial acts and omissions
Status: in_force

2-9-112 . Immunity from suit for judicial acts and omissions. (1) The state and other governmental units are immune from suit for acts or omissions of the judiciary.

(2) A member, officer, or agent of the judiciary is immune from suit for damages arising from the lawful discharge of an official duty associated with judicial actions of the court.

(3) The judiciary includes those courts established in accordance with Article VII of The Constitution of the State of Montana.
Mont. Code Ann. § 2-15-1732 — MT Code / Title 2 / Chapter 15 / Part 17 / Section 2-15-1732
2-15-1732 Board of dentistry
Status: in_force

2-15-1732 . Board of dentistry. (1) In accordance with 37-1-123 , there is a board of dentistry.

(2) The board consists of ten members:

(a) five dentists;

(b) one denturist;

(c) two dental hygienists; and

(d) two public members.

(3) The board is allocated to the department as prescribed in 2-15-121 .
Mont. Code Ann. § 2-9-101 — MT Code / Title 2 / Chapter 9 / Part 1 / Section 2-9-101
2-9-101 Definitions
Status: in_force

2-9-101 . Definitions. As used in parts 1 through 3 of this chapter, the following definitions apply:

(1) "Claim" means any claim against a governmental entity, for money damages only, that any person is legally entitled to recover as damages because of personal injury or property damage caused by a negligent or wrongful act or omission committed by any employee of the governmental entity while acting within the scope of employment, under circumstances where the governmental entity, if a private person, would be liable to the claimant for the damages under the laws of the state. For purposes of this section and the limit of liability contained in 2-9-108 , all claims that arise or derive from personal injury to or death of a single person, or damage to property of a person, regardless of the number of persons or entities claiming damages, are considered one claim.

(2) (a) "Employee" means an officer, employee, or servant of a governmental entity, including elected or appointed officials, and persons acting on behalf of the governmental entity in any official capacity temporarily or permanently in the service of the governmental entity whether with or without compensation.

(b) The term does not mean a person or other legal entity while acting in the capacity of an independent contractor under contract to the governmental entity to which parts 1 through 3 apply in the event of a claim.

(3) "Governmental entity" means the state and political subdivisions.

(4) "Personal injury" means any injury resulting from libel, slander, malicious prosecution, or false arrest and any bodily injury, sickness, disease, or death sustained by any person and caused by an occurrence for which the state may be held liable.

(5) "Political subdivision" means any county, city, municipal corporation, school district, special improvement or taxing district, other political subdivision or public corporation, or any entity created by agreement between two or more political subdivisions.

(6) "Property damage" means injury or destruction to tangible property, including loss of use of the property, caused by an occurrence for which the state may be held liable.

(7) "State" means the state of Montana or any office, department, agency, authority, commission, board, institution, hospital, college, university, or other instrumentality of the state.
Mont. Code Ann. § 2-9-317 — MT Code / Title 2 / Chapter 9 / Part 3 / Section 2-9-317
2-9-317 No interest if judgment paid within two years -- exception
Status: in_force

2-9-317 . No interest if judgment paid within two years -- exception. Except as provided in 18-1-404 (1)(b), if a governmental entity pays a judgment within 2 years after the day on which the judgment is entered, no penalty or interest may be assessed against the governmental entity.
Mont. Code Ann. § 2-15-2212 — MT Code / Title 2 / Chapter 15 / Part 22 / Section 2-15-2212
2-15-2212 Committee on telecommunications access services for persons with disabilities -- composition -- allocation
Status: in_force

2-15-2212 . Committee on telecommunications access services for persons with disabilities -- composition -- allocation. (1) There is a committee on telecommunications access services for persons with disabilities.

(2) The committee consists of 13 members appointed by the governor as follows:

(a) four members who are persons with disabilities, two of whom must be deaf or hard-of-hearing;

(b) two members who are not persons with disabilities, one of whom must be engaged in a business other than a business in the telecommunications industry and one of whom must be a senior citizen;

(c) one member from the department of public health and human services;

(d) one member from a public safety answering point, as defined in 10-4-101 , who has knowledge of emergency communications issues for individuals who are deaf or hard-of-hearing;

(e) one member from an independent service provider;

(f) one member from an interLATA interexchange carrier;

(g) one member from the public service commission;

(h) one member who is a licensed audiologist; and

(i) one member from the department of administration.

(3) The committee is allocated to the department of public health and human services for administrative purposes only as provided in 2-15-121 .
Mont. Code Ann. § 2-4-306 — MT Code / Title 2 / Chapter 4 / Part 3 / Section 2-4-306
2-4-306 Filing and format -- adoption and effective dates -- dissemination of emergency rules
Status: repealed

2-4-306 . Filing and format -- adoption and effective dates -- dissemination of emergency rules. (1) Each agency shall file with the secretary of state a copy of each rule adopted by it or a reference to the rule as contained in the proposal notice. A rule is adopted on the date that the adoption notice is filed with the secretary of state and is effective on the date referred to in subsection (4), except that if the secretary of state requests corrections to the adoption notice, the rule is adopted on the date that the revised notice is filed with the secretary of state.

(2) Pursuant to 2-15-401 , the secretary of state may prescribe rules to effectively administer this chapter, including rules regarding the printed or electronic format, style, and arrangement for notices and rules that are filed pursuant to this chapter, and may refuse to accept the filing of any notice or rule that is not in compliance with this chapter and the secretary of state's rules. The secretary of state shall keep and maintain a permanent register of all notices and rules filed, including superseded and repealed rules, that must be open to public inspection and shall provide copies of any notice or rule upon request of any person. Unless otherwise provided by statute, the secretary of state may require the payment of the cost of providing copies.

(3) If the appropriate administrative rule review committee has conducted a poll of the legislature in accordance with 2-4-403 , the results of the poll must be published with the rule if the rule is adopted by the agency.

(4) Each rule is effective after publication in the register, as provided in 2-4-312 , except that:

(a) if a later date is required by statute or specified in the rule, the later date is the effective date;

(b) subject to applicable constitutional or statutory provisions:

(i) a temporary rule is effective immediately upon filing with the secretary of state or at a stated date following publication in the register; and

(ii) an emergency rule is effective at a stated date following publication in the register or immediately upon filing with the secretary of state if the agency finds that this effective date is necessary because of imminent peril to the public health, safety, or welfare. The agency's finding and a brief statement of reasons for the finding must be filed with the rule. The agency shall, in addition to the required publication in the register, take appropriate and extraordinary measures to make emergency rules known to each person who may be affected by them.

(c) if, following written administrative rule review committee notification to an agency under 2-4-406 , the committee meets and under 2-4-406 (2) formally objects to all or some portion of a proposed rule before the proposed rule is adopted, the proposed rule or portion of the proposed rule objected to is not effective until the day after final adjournment of the regular session of the legislature that begins after the notice proposing the rule was published by the secretary of state, unless, following the committee's formal objection under 2-4-406 (2) and subject to 2-4-112 :

(i) the committee withdraws its objection under 2-4-406 before the proposed rule is adopted; or

(ii) the rule or portion of a rule objected to is adopted with changes that in the opinion of a majority of the committee members, as communicated in writing to the committee presiding officer and staff, make it comply with the committee's objection and concerns.

(5) An agency may not enforce, implement, or otherwise treat as effective a rule proposed or adopted by the agency until the effective date of the rule as provided in this section. Nothing in this subsection prohibits an agency from enforcing an established policy or practice of the agency that existed prior to the proposal or adoption of the rule as long as the policy or practice is within the scope of the agency's lawful authority.

(6) This section applies to the department of labor and industry adopting a rule relating to a commercial drug formulary as provided in 39-71-704 . This section does not apply to the automatic updating of department of labor and industry rules relating to commercial drug formularies as provided in 39-71-704 .

(7) (a) This section applies to the department of public health and human services' adoption of rules relating to medicare fee schedules issued by the centers for medicare and medicaid services of the United States department of health and human services as provided in 53-6-113 .

(b) This section does not apply to the automatic updating of department of public health and human services rules relating to medicare fee schedules issued by the centers for medicare and medicaid services of the United States department of health and human services.
Mont. Code Ann. § 2-6-1020 — MT Code / Title 2 / Chapter 6 / Part 10 / Section 2-6-1020
2-6-1020 Concealment of public hazards prohibited -- concealment of information related to settlement or resolution of civil suits prohibited
Status: in_force

2-6-1020 . Concealment of public hazards prohibited -- concealment of information related to settlement or resolution of civil suits prohibited. (1) This section may be cited as the "Gus Barber Antisecrecy Act".

(2) As used in this section, "public hazard" means a device, instrument, or manufactured product or a condition of a device, instrument, or manufactured product that endangers public safety or health and has caused injury, as defined in 27-1-106 .

(3) Except as otherwise provided in this section, a court may not enter a final order or judgment that has the purpose or effect of concealing a public hazard.

(4) Any portion of a final order or judgment entered or a written final settlement agreement entered into that has the purpose or effect of concealing a public hazard is contrary to public policy, is void, and may not be enforced. This section does not prohibit the parties from keeping the monetary amount of a written final settlement agreement confidential.

(5) A party to civil litigation may not request, as a condition to the production of discovery, that another party stipulate to an order that would violate this section.

(6) This section does not apply to:

(a) trade secrets, as defined in 30-14-402 , that are not pertinent to public hazards and that are protected pursuant to Title 30, chapter 14, part 4;

(b) other information that is confidential under state or federal law; or

(c) a health care provider, as defined in 27-6-103 .

(7) Any affected person, including but not limited to a representative of the news media, has standing to contest a final order or judgment or written final settlement agreement that violates this section by motion in the court in which the case was filed.

(8) The court shall examine the disputed information or materials in camera. If the court finds that the information or materials or portions of the information or materials consist of information concerning a public hazard, the court shall allow disclosure of the information or materials. If allowing disclosure, the court shall allow disclosure of only that portion of the information or materials necessary or useful to the public concerning the public hazard.

(9) This section does not apply to a protective order issued under Rule 26(c) of the Montana Rules of Civil Procedure or to any materials produced under the order. Materials used as exhibits may be publicly disclosed pursuant to the provisions of subsections (7) and (8).
Mont. Code Ann. § 2-3-112 — MT Code / Title 2 / Chapter 3 / Part 1 / Section 2-3-112
2-3-112 Exceptions
Status: in_force

2-3-112 . Exceptions. The provisions of 2-3-103 and 2-3-111 do not apply to:

(1) an agency decision that must be made to deal with an emergency situation affecting the public health, welfare, or safety;

(2) an agency decision that must be made to maintain or protect the interests of the agency, including but not limited to the filing of a lawsuit in a court of law or becoming a party to an administrative proceeding; or

(3) a decision involving no more than a ministerial act.
Mont. Code Ann. § 2-6-1202 — MT Code / Title 2 / Chapter 6 / Part 12 / Section 2-6-1202
2-6-1202 Local government records committee -- duties and responsibilities
Status: in_force

2-6-1202 . Local government records committee -- duties and responsibilities. The local government records committee shall:

(1) approve, modify, or disapprove proposals for local government records retention and disposition schedules;

(2) appoint a subcommittee, known as the local government records destruction subcommittee, to handle requests for disposal of records that are not listed on an approved retention schedule. The subcommittee consists of the state archivist, one of the local government records managers, and the representative of the department of administration. Unless specifically authorized by statute or by the retention and disposition schedule, a local government public record may not be destroyed or otherwise disposed of without the unanimous approval of the subcommittee. When approval is required, a request for the disposal or destruction of local government records must be submitted to the subcommittee by the entity concerned. If there is not unanimous approval of the subcommittee, the issue of the disposition of a record must be referred to the local government records committee for approval. When approval is obtained from the subcommittee or from the local government records committee for the disposal of a record, the local government records committee shall consider the inclusion of a new category of record for which a disposal request is not required and shall update the schedule as necessary.

(3) establish a retention and disposition schedule for categories of records for which a disposal request is not required. The local government records committee shall publish the retention and disposition schedules. Updates to those schedules, if any, must be published at least annually.

(4) develop guidance for local governments to identify, maintain, and secure their essential records;

(5) respond to requests for technical advice on matters relating to local government records; and

(6) provide leadership and coordination in matters affecting the records of multiple local governments.
Mont. Code Ann. § 2-3-113 — MT Code / Title 2 / Chapter 3 / Part 1 / Section 2-3-113
2-3-113 Declaratory rulings to be published
Status: in_force

2-3-113 . Declaratory rulings to be published. The declaratory rulings of any board, bureau, commission, department, authority, agency, or officer of the state which is not subject to the Montana Administrative Procedure Act shall be published and be subject to judicial review as provided under 2-4-623 (6) and 2-4-501 , respectively.
Mont. Code Ann. § 2-10-204 — MT Code / Title 2 / Chapter 10 / Part 2 / Section 2-10-204
2-10-204 Right to compute
Status: in_force

2-10-204 . Right to compute. Government actions that restrict the ability to privately own or make use of computational resources for lawful purposes, which infringes on citizens' fundamental rights to property and free expression, must be limited to those demonstrably necessary and narrowly tailored to fulfill a compelling government interest.
Mont. Code Ann. § 2-16-111 — MT Code / Title 2 / Chapter 16 / Part 1 / Section 2-16-111
2-16-111 Residence of officers
Status: in_force

2-16-111 . Residence of officers. (1) The following officers must reside and keep their offices at the seat of government: the governor, secretary of state, state auditor, attorney general, superintendent of public instruction, justices of the supreme court, and clerk of the supreme court.

(2) Restrictions upon the residence of other officers are contained in the chapter or part relating to the respective officers.
Mont. Code Ann. § 2-9-305 — MT Code / Title 2 / Chapter 9 / Part 3 / Section 2-9-305
2-9-305 Immunization, defense, and indemnification of employees
Status: in_force

2-9-305 . Immunization, defense, and indemnification of employees. (1) It is the purpose of this section to provide for the immunization, defense, and indemnification of public officers and employees civilly sued for their actions taken within the course and scope of their employment.

(2) In any noncriminal action brought against any employee of a state, county, city, town, or other governmental entity for a negligent act, error, or omission, including alleged violations of civil rights pursuant to 42 U.S.C. 1983, or other actionable conduct of the employee committed while acting within the course and scope of the employee's office or employment, the governmental entity employer, except as provided in subsection (6), shall defend the action on behalf of the employee and indemnify the employee.

(3) Upon receiving service of a summons and complaint in a noncriminal action against an employee, the employee shall give written notice to the employee's supervisor requesting that a defense to the action be provided by the governmental entity employer. If the employee is an elected state official or other employee who does not have a supervisor, the employee shall give notice of the action to the legal officer or agency of the governmental entity defending the entity in legal actions of that type. Except as provided in subsection (6), the employer shall offer a defense to the action on behalf of the employee. The defense may consist of a defense provided directly by the employer. The employer shall notify the employee, within 15 days after receipt of notice, whether a direct defense will be provided. If the employer refuses or is unable to provide a direct defense, the defendant employee may retain other counsel. Except as provided in subsection (6), the employer shall pay all expenses relating to the retained defense and pay any judgment for damages entered in the action that may be otherwise payable under this section.

(4) In any noncriminal action in which a governmental entity employee is a party defendant, the employee must be indemnified by the employer for any money judgments or legal expenses, including attorney fees either incurred by the employee or awarded to the claimant, or both, to which the employee may be subject as a result of the suit unless the employee's conduct falls within the exclusions provided in subsection (6).

(5) Recovery against a governmental entity under the provisions of parts 1 through 3 of this chapter constitutes a complete bar to any action or recovery of damages by the claimant, by reason of the same subject matter, against the employee whose negligence or wrongful act, error, omission, or other actionable conduct gave rise to the claim. In an action against a governmental entity, the employee whose conduct gave rise to the suit is immune from liability by reasons of the same subject matter if the governmental entity acknowledges or is bound by a judicial determination that the conduct upon which the claim is brought arises out of the course and scope of the employee's employment, unless the claim constitutes an exclusion provided in subsections (6)(b) through (6)(d).

(6) In a noncriminal action in which a governmental entity employee is a party defendant, the employee may not be defended or indemnified by the employer for any money judgments or legal expenses, including attorney fees, to which the employee may be subject as a result of the suit if a judicial determination is made that:

(a) the conduct upon which the claim is based constitutes oppression, fraud, or malice or for any other reason does not arise out of the course and scope of the employee's employment;

(b) the conduct of the employee constitutes a criminal offense as defined in Title 45, chapters 4 through 7;

(c) the employee compromised or settled the claim without the consent of the government entity employer; or

(d) the employee failed or refused to cooperate reasonably in the defense of the case.

(7) If a judicial determination has not been made applying the exclusions provided in subsection (6), the governmental entity employer may determine whether those exclusions apply. However, if there is a dispute as to whether the exclusions of subsection (6) apply and the governmental entity employer concludes that it should clarify its obligation to the employee arising under this section by commencing a declaratory judgment action or other legal action, the employer is obligated to provide a defense or assume the cost of the defense of the employee until a final judgment is rendered in that action holding that the employer did not have an obligation to defend the employee. The governmental entity employer does not have an obligation to provide a defense to the employee in a declaratory judgment action or other legal action brought against the employee by the employer under this subsection.
Mont. Code Ann. § 2-8-101 — MT Code / Title 2 / Chapter 8 / Part 1 / Section 2-8-101
2-8-101 Purpose
Status: in_force

2-8-101 . Purpose. (1) The legislature finds state government actions have produced a substantial increase in numbers of agencies, growth of programs, and proliferation of rules. The legislature questions whether conditions causing the establishment of these agencies, programs, and rules have not changed to such an extent as to remove the need for some or all of the agencies, programs, and rules.

(2) It is the intent of the legislature, by establishing a system of periodic evaluation of the need for and the performance of agencies or programs preparatory to termination, modification, or reestablishment, to be in a better position to ensure as follows:

(a) The executive department is responsive to the needs of all of the people of the state.

(b) No agency, program, or rule exists which is not responsive to those needs.

(c) No profession, occupation, business, industry, or other endeavor is subject to the state's regulatory power unless the exercise of such power is necessary to protect the public health, safety, or welfare from significant and discernible harm or damage. The exercise of the state's police power shall be done only to the extent necessary for that purpose.

(d) The state may not regulate a profession, occupation, industry, business, or other endeavor in a manner which will unreasonably adversely affect the competitive market.

(e) There exists a systematic legislative review of the need for and public benefits derived from a program or function by a periodic review and termination, modification, or reestablishment of such programs and functions.
Mont. Code Ann. § 2-2-111 — MT Code / Title 2 / Chapter 2 / Part 1 / Section 2-2-111
2-2-111 Rules of conduct for legislators
Status: in_force

2-2-111 . Rules of conduct for legislators. Proof of commission of any act enumerated in this section is proof that the legislator committing the act has breached the legislator's public duty. A legislator may not:

(1) accept a fee, contingent fee, or any other compensation, except the official compensation provided by statute, for promoting or opposing the passage of legislation;

(2) seek other employment for the legislator or solicit a contract for the legislator's services by the use of the office;

(3) accept a fee or other compensation, except as provided for in 5-2-302 , from a Montana state agency or a political subdivision of the state of Montana for speaking to the agency or political subdivision; or

(4) use the funds provided for in 5-2-204 for an activity that is prohibited.
Mont. Code Ann. § 2-2-203 — MT Code / Title 2 / Chapter 2 / Part 2 / Section 2-2-203
2-2-203 Voidable contracts
Status: in_force

2-2-203 . Voidable contracts. Every contract made in violation of any of the provisions of 2-2-201 or 2-2-202 may be avoided at the instance of any party except the officer interested therein.
Mont. Code Ann. § 2-3-111 — MT Code / Title 2 / Chapter 3 / Part 1 / Section 2-3-111
2-3-111 Opportunity to submit views -- public hearings
Status: in_force

2-3-111 . Opportunity to submit views -- public hearings. (1) Procedures for assisting public participation must include a method of affording interested persons reasonable opportunity to submit data, views, or arguments, orally or in written form, prior to making a final decision that is of significant interest to the public.

(2) When a state agency other than the board of regents proposes to take an action that directly impacts a specific community or area and a public hearing is held, the hearing must be held in an accessible facility in the impacted community or area or in the nearest community or area with an accessible facility.
Mont. Code Ann. § 2-17-432 — MT Code / Title 2 / Chapter 17 / Part 4 / Section 2-17-432
2-17-432 Violation a misdemeanor
Status: in_force

2-17-432 . Violation a misdemeanor. A state officer or employee violating this part is guilty of a misdemeanor.
Mont. Code Ann. § 2-17-511 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-511
2-17-511 Chief information officer -- duties
Status: in_force

2-17-511 . Chief information officer -- duties. The duties of the chief information officer include but are not limited to:

(1) carrying out all powers and duties of the department as assigned by the director of the department;

(2) serving as the chief policy advisor to the director of the department on statewide information technology issues; and

(3) assisting and advising the director of the department on the enforcement responsibilities provided in 2-17-514 .
Mont. Code Ann. § 2-16-403 — MT Code / Title 2 / Chapter 16 / Part 4 / Section 2-16-403
2-16-403 Salaries of supreme court justices
Status: in_force

2-16-403 . Salaries of supreme court justices. Prior to June 30 of each even-numbered year, the department of administration shall conduct a salary survey of justices and chief justices of the highest appellate courts similar to the Montana supreme court for the states of North Dakota, South Dakota, Wyoming, and Idaho. The department shall include the salary for a Montana supreme court justice or the chief justice in determining the average salary for a justice and the average salary for the chief justice. If the average salaries are greater than the salaries for a supreme court justice or the chief justice in Montana, then beginning July 1 of the year following the year in which the survey is conducted, the average salaries are the new salaries for a supreme court justice or the chief justice. A justice's salary or the chief justice's salary may not be reduced.
Mont. Code Ann. § 2-15-2105 — MT Code / Title 2 / Chapter 15 / Part 21 / Section 2-15-2105
2-15-2105 Water and wastewater operators' advisory council
Status: in_force

2-15-2105 . Water and wastewater operators' advisory council. (1) There is a water and wastewater operators' advisory council.

(2) The council consists of seven members. Except as provided in subsection (2)(e), the members must be appointed by the governor. The members are:

(a) two members who are employed water supply system or water treatment plant operators holding valid certificates. One of these members must hold a certificate by examination of the highest class issued by the department of environmental quality. There is no restriction on the classification of the certificate held by the other operator.

(b) two members who are employed wastewater treatment plant operators holding valid certificates. One of these members must hold a certificate by examination of the highest class issued by the department of environmental quality. There is no restriction on the classification of the certificate held by the other operator.

(c) one member serving on the faculty of a university or college whose major field is related to water supply systems, wastewater treatment, chemical or civil engineering, chemistry, or bacteriology;

(d) one member who is a representative of a municipality that is required to employ a certified operator and who holds a position of city manager, city engineer, director of public works, works manager, or an equivalent position;

(e) a qualified member of the staff of the department of environmental quality, appointed by the department's director.

(3) Members, except the ex officio member from the department of environmental quality, shall serve for terms of 6 years.
Mont. Code Ann. § 2-17-805 — MT Code / Title 2 / Chapter 17 / Part 8 / Section 2-17-805
2-17-805 Function of department of administration -- long-range master plan -- advice of capitol complex advisory council and legislative council
Status: in_force

2-17-805 . Function of department of administration -- long-range master plan -- advice of capitol complex advisory council and legislative council. (1) With advice from the council and the legislative council, the department of administration shall establish and maintain a long-range master plan that is updated at a minimum on a decennial basis for the orderly development of the capitol complex. The long-range master plan must be developed and maintained, with consideration given to the following factors:

(a) the needs of the state, including integration of the long-range legislative branch capital development plan, relative to the location and design of buildings to be constructed, purchase of land, parking facilities, traffic management, and landscaping;

(b) the ordinances, plans, requirements, and proposed improvements of the city of Helena and Lewis and Clark County, based, without limitation, upon zoning regulations, population trends, and plans for rapid transit development; and

(c) any other factors that bear upon the orderly, integrated, and cooperative development of the state, the city of Helena, Lewis and Clark County, and state property in the capitol complex.

(2) The Montana historical society shall protect and preserve all publicly held, permanent artwork in the capitol complex and request funding for periodic inspection, maintenance, and repair of the artwork from the trust fund established in 15-35-108 for protection of works of art in the state capitol and other cultural and aesthetic projects.

(3) The legislative council, with consultation of the legislative audit committee and the legislative finance committee, shall serve as a long-range building committee to recommend to the legislature and the department of administration construction and remodeling priorities for the legislative space needs.

(4) (a) Prior to September 1 in the year before a regular session of the legislature, the department shall submit an updated long-range master plan, if an updated plan is available, to the legislative council.

(b) The legislative council, with consultation of the legislative audit committee and the legislative finance committee, shall preintroduce a joint resolution recommending the legislature's consent, consent with modifications, or nonconsent to the current long-range master plan.

(5) (a) (i) For the biennium beginning July 1, 2023, the legislative council, with consultation of the legislative audit committee and the legislative finance committee, shall develop a long-range legislative branch capital development plan for legislative space.

(ii) The legislative council, with consultation of the legislative audit committee and the legislative finance committee, may request appointment of architects and consulting engineers by the department pursuant to 18-2-112 to develop the long-range legislative branch capital development plan.

(iii) For the biennium beginning July 1, 2023, the department shall provide the legislative council with the necessary personnel and resources to develop and complete the long-range legislative branch capital development plan by September 1, 2024.

(iv) (A) The department shall incorporate the long-range legislative branch capital development plan into the long-range master plan.

(B) The long-range legislative branch capital development plan:

(I) must adhere to the goals and guiding principles of the long-range master plan;

(II) may not impair or divide building infrastructure or systems in buildings or facilities occupied by more than one branch of government;

(III) may not require another branch to move out of already existing space without the department's consent and sufficient appropriations to complete the move and alternative space for the other branch; and

(IV) must comply with all laws, including Title 22, chapter 3, and 18-2-108 .

(C) The department shall integrate the long-range legislative branch capital development plan with the provisions of the long-range master plan. The department shall resolve any conflicting provisions and finalize a long-range master plan.

(b) (i) Prior to September 1, 2024, the legislative council, with consultation of the legislative audit committee and the legislative finance committee, shall finalize the long-range legislative branch capital development plan.

(ii) The legislative council, with consultation of the legislative audit committee and the legislative finance committee, shall preintroduce a joint resolution recommending the legislature's consent to the long-range legislative branch capital development plan.

(6) (a) Before July 1, 2024, the department shall submit a proposal to legislative council to move the legislative audit division out of the capitol into an existing, renovated, or constructed building on the capitol complex. The department proposal to legislative council must conform to space requirements identified by the legislative audit division and must result in space allocation that is equal to or exceeds the existing space occupied in the capitol by the legislative audit division.

(b) (i) The legislative council in consultation with the legislative audit committee and the legislative finance committee may approve or disapprove the department's proposal pursuant to subsection (6)(a).

(ii) If the legislative council disapproves the department's proposal pursuant to subsection (6)(a), the department shall resubmit a revised proposal to legislative council within 10 days of the legislative council's disapproval of the department's proposal.

(7) The department may develop a plan to transition the secretary of state out of the capitol by January 1, 2031.
Mont. Code Ann. § 2-18-1302 — MT Code / Title 2 / Chapter 18 / Part 13 / Section 2-18-1302
2-18-1302 Purpose and intent
Status: in_force

2-18-1302 . Purpose and intent. The legislature finds that escalating health care expenses, particularly the increasing cost of medical treatment and health insurance, constitute a substantial financial burden during and after an employee's working career. The purpose of this part is to provide a means by which public employers may contribute to a plan established under a qualified tax-exempt trust organization to assist public employees and their dependents with paying for qualified health care expenses. Under the plan, employer contributions, investment earnings, and payments for qualified health care expenses are tax-exempt. The legislature also finds that centralized statewide administration offers a consistent approach and is more cost-effective, especially for smaller employers. However, the legislature does not intend to prohibit an employer from establishing a similar program as an alternative or in addition to participation in the statewide program provided for in this part. Additionally, the legislature intends to facilitate a grassroots process to determine plan participation.
Mont. Code Ann. § 2-16-116 — MT Code / Title 2 / Chapter 16 / Part 1 / Section 2-16-116
2-16-116 Power to administer oaths
Status: in_force

2-16-116 . Power to administer oaths. Every executive, state, and judicial officer may administer and certify oaths.
Mont. Code Ann. § 2-7-518 — MT Code / Title 2 / Chapter 7 / Part 5 / Section 2-7-518
2-7-518 Deposit of fees
Status: in_force

2-7-518 . Deposit of fees. All fees received from local government entities must be deposited in the enterprise fund to the credit of the department of administration for administration of Title 2, chapter 7, part 5.
Mont. Code Ann. § 2-18-209 — MT Code / Title 2 / Chapter 18 / Part 2 / Section 2-18-209
2-18-209 Periodic evaluation
Status: in_force

2-18-209 . Periodic evaluation. The department of administration shall periodically evaluate the extent to which Montana's classification plan, pay schedules, and statutes adhere to or fall short of the standard of equal pay for comparable worth. The department may make recommendations to the legislature regarding impediments to meeting this standard.
Mont. Code Ann. § 2-4-105 — MT Code / Title 2 / Chapter 4 / Part 1 / Section 2-4-105
2-4-105 Representation by counsel
Status: in_force

2-4-105 . Representation by counsel. Any person compelled to appear in person or who voluntarily appears before any agency or representative thereof shall be accorded the right to be accompanied, represented, and advised by counsel. In a proceeding before an agency, every party shall be accorded the right to appear in person or by or with counsel but this chapter shall not be construed as requiring an agency to furnish counsel to any such person.
Mont. Code Ann. § 2-6-1017 — MT Code / Title 2 / Chapter 6 / Part 10 / Section 2-6-1017
2-6-1017 Prohibition on dissemination or use of distribution lists -- exceptions -- penalties
Status: in_force

2-6-1017 . Prohibition on dissemination or use of distribution lists -- exceptions -- penalties. (1) Except as provided in subsections (3) through (10), to protect the privacy of those who deal with state and local government:

(a) a public agency may not distribute or sell a distribution list without first securing the permission of those on the list; and

(b) a list of persons prepared by a public agency may not be used as a distribution list except by the public agency or another public agency without first securing the permission of those on the list.

(2) As used in this section, "distribution list" means any list of personal contact information collected by a public agency and used to facilitate unsolicited contact with individuals on the distribution list.

(3) This section does not prevent an individual from compiling a distribution list by examination of records that are otherwise open to public inspection.

(4) This section does not apply to the lists of:

(a) registered electors and the new voter lists provided for in 13-2-115 ;

(b) the names of employees governed by Title 39, chapter 31;

(c) persons holding driver's licenses or Montana identification cards provided for under 61-5-127 ;

(d) persons holding professional or occupational licenses governed by Title 37, chapters 1 through 4, 6 through 20, 22 through 29, 31, 34 through 36, 40, 47, 48, 50, 51, 53, 54, 60, 65 through 69, 72, and 73, and Title 50, chapters 39, 72, 74, and 76;

(e) persons who own property in a county water and/or sewer district provided for in 7-13-2275 (4)(d); or

(f) persons certified as claims examiners under 39-71-320 .

(5) This section does not prevent an agency from providing a list to persons providing prelicensing or continuing education courses subject to state law or subject to Title 33, chapter 17.

(6) This section does not apply to the right of access by Montana law enforcement agencies.

(7) This section does not apply to the secretary of state's electronic filing system developed pursuant to 2-15-404 and containing corporate and uniform commercial code information.

(8) This section does not apply to the use by the public employees' retirement board of a list of board-administered retirement system participants to send materials on behalf of a retiree organization formed for board-administered retirement system participants and with tax-exempt status under section 501(c)(4) of the Internal Revenue Code, as amended, for a fee determined by rules of the board, provided that the list is not released to the organization.

(9) This section does not apply to lists of individuals who sign attendance sheets or sign-in sheets at a hearing or meeting of a public agency.

(10) This section does not apply to a public school providing lists of graduating students to representatives of the armed forces of the United States or to the national guard for the purposes of recruitment.

(11) A person violating the provisions of subsection (1)(b) is guilty of a misdemeanor.
Mont. Code Ann. § 2-6-1030 — MT Code / Title 2 / Chapter 6 / Part 10 / Section 2-6-1030
2-6-1030 Short title
Status: in_force

2-6-1030 . Short title. Sections 2-6-1030 through 2-6-1033 may be cited as the "State's Settlement of Claims Sunshine and Transparency Act".
Mont. Code Ann. § 2-15-504 — MT Code / Title 2 / Chapter 15 / Part 5 / Section 2-15-504
2-15-504 Official misconduct -- evidential review
Status: in_force

2-15-504 . Official misconduct -- evidential review. The attorney general shall review a complaint referred from a county attorney concerning alleged misconduct of a local government public officer pursuant to 7-4-2718 or an independent complaint made to the attorney general concerning the alleged misconduct of a local government public officer and any evidence concerning the officer's alleged misconduct. After reviewing the complaint, the attorney general may instruct the county attorney to diligently prosecute the officer as provided by 2-15-501 (5), bring an action against the officer as provided in 45-7-401 , or decline to prosecute the officer.
Mont. Code Ann. § 2-16-521 — MT Code / Title 2 / Chapter 16 / Part 5 / Section 2-16-521
2-16-521 Powers of acting governor
Status: in_force

2-16-521 . Powers of acting governor. (1) Every provision of the laws of this state in relation to the powers and duties of the governor and in relation to acts and duties to be performed by others toward the governor extends to the persons performing for the time being the duties of governor.

(2) An acting governor has all the rights, duties, and emoluments of the office of governor while acting as governor.
Mont. Code Ann. § 2-4-201 — MT Code / Title 2 / Chapter 4 / Part 2 / Section 2-4-201
2-4-201 Rules describing agency organization and procedures
Status: in_force

2-4-201 . Rules describing agency organization and procedures. In addition to other rulemaking requirements imposed by law, each agency shall:

(1) adopt as a rule a description of its organization, stating the general course and method of its operations and the methods whereby the public may obtain information or make submissions or requests. The notice and hearing requirements contained in 2-4-302 do not apply to adoption of a rule relating to a description of its organization.

(2) adopt rules of practice, not inconsistent with statutory provisions, setting forth the nature and requirements of all formal and informal procedures available, including a description of all forms and instructions used by the agency.
Mont. Code Ann. § 2-17-806 — MT Code / Title 2 / Chapter 17 / Part 8 / Section 2-17-806
2-17-806 Department of administration to establish policies on capitol
Status: in_force

2-17-806 . Department of administration to establish policies on capitol. The department of administration, with the advice of the council and the legislative council, shall establish policies governing maintenance and beautification of the capitol, executive residence, and original governor's mansion. The policies must provide that all historic furnishings original to the capitol remain in the building if an agency relocates and may designate appropriate wall, floor, and window coverings for the capitol. The Montana Administrative Procedure Act does not apply to this part.
Mont. Code Ann. § 2-15-2301 — MT Code / Title 2 / Chapter 15 / Part 23 / Section 2-15-2301
2-15-2301 Department of corrections -- head
Status: in_force

2-15-2301 . Department of corrections -- head. There is a department of corrections. The department head is a director of corrections appointed by the governor in accordance with 2-15-111 .
Mont. Code Ann. § 2-16-612 — MT Code / Title 2 / Chapter 16 / Part 6 / Section 2-16-612
2-16-612 Persons qualified to petition -- penalty for false signatures
Status: in_force

2-16-612 . Persons qualified to petition -- penalty for false signatures. (1) A person who is a qualified elector of this state may sign a petition for recall of a state officer.

(2) A person who is a qualified elector of a district of the state from which a state-district officer is elected may sign a petition for recall of a state-district officer of that district or appointed by an officer or the officers of that election district.

(3) A person who is a qualified elector of a political subdivision of this state may sign a petition for recall of an officer of that political subdivision.

(4) A person signing any name other than the person's own to any petition or knowingly signing more than once for the recall or who is not at the time of the signing a qualified elector or a person who knowingly makes a false entry upon an affidavit required in connection with the filing of a petition for the recall of an officer is guilty of unsworn falsification or tampering with public records or information, as appropriate, and is punishable as provided in 45-7-203 or 45-7-208 , as applicable.
Mont. Code Ann. § 2-9-220 — MT Code / Title 2 / Chapter 9 / Part 2 / Section 2-9-220
2-9-220 Loss mitigation program -- purpose
Status: in_force

2-9-220 . Loss mitigation program -- purpose. (1) There is a loss mitigation program administered by the department of administration.

(2) Funds for the program must be used by the department solely for the purpose of mitigating losses generated through claims against the state related to property, automobiles, aviation, and general liability.

(3) An agency seeking funds from the loss mitigation program shall present to the department a written request that:

(a) identifies the risk of loss and potential costs associated with the risk of loss;

(b) identifies matching funds from the agency to address or reduce the risk of loss; and

(c) provides a detailed explanation of how the funds will be spent to mitigate the risk of loss.

(4) Prior to distributing funds for an agency seeking funds from the loss mitigation program, the department of administration shall review the information provided by the agency and confirm the existence of a significant risk of loss to be mitigated with the requested funds.

(5) A distribution over $30,000 for each written request, not including matching funds available to the agency, from the loss mitigation program to a single agency is subject to approval by the office of budget and program planning.
Mont. Code Ann. § 2-7-507 — MT Code / Title 2 / Chapter 7 / Part 5 / Section 2-7-507
2-7-507 Duty of officers to aid in audit
Status: in_force

2-7-507 . Duty of officers to aid in audit. The officers and employees of the local government entities referred to in this part shall provide all reasonable facilities for the audit and shall furnish all information to the independent auditor necessary for the conduct of the audit.
Mont. Code Ann. § 2-5-107 — MT Code / Title 2 / Chapter 5 / Part 1 / Section 2-5-107
2-5-107 Expansion of committee membership
Status: in_force

2-5-107 . Expansion of committee membership. (1) A negotiated rulemaking committee may by consensus expand its membership, either by contacting and recruiting persons whose participation the committee believes is essential to the success of the negotiated rulemaking process or upon reviewing a petition submitted pursuant to subsection (2).

(2) Persons who will be significantly affected by a proposed rule and who believe that their interests will not be adequately represented by any person on a negotiated rulemaking committee may petition for or nominate another person for membership on the negotiated rulemaking committee. Each petition or nomination must be submitted to the negotiated rulemaking committee and must include:

(a) the name of the petitioner or nominee and a description of the interests the person represents;

(b) evidence that the petitioner or nominee is authorized to represent parties related to the interests the person proposes to represent;

(c) a written commitment that the petitioner or nominee will actively participate in good faith in the development of the rule under consideration; and

(d) an explanation of reasons that the persons already on the negotiated rulemaking committee do not adequately represent the interests of the person submitting the petition or nomination.

(3) Upon receiving a petition pursuant to subsection (2), a negotiated rulemaking committee shall decide by consensus at its next meeting whether or not to expand its membership.
Mont. Code Ann. § 2-4-613 — MT Code / Title 2 / Chapter 4 / Part 6 / Section 2-4-613
2-4-613 Ex parte consultations
Status: in_force

2-4-613 . Ex parte consultations. Unless required for disposition of ex parte matters authorized by law, the person or persons who are charged with the duty of rendering a decision or to make findings of fact and conclusions of law in a contested case, after issuance of notice of hearing, may not communicate with any party or a party's representative in connection with any issue of fact or law in the case except upon notice and opportunity for all parties to participate.
Mont. Code Ann. § 2-4-305 — MT Code / Title 2 / Chapter 4 / Part 3 / Section 2-4-305
2-4-305 Requisites for validity -- authority and statement of reasons
Status: in_force

2-4-305 . Requisites for validity -- authority and statement of reasons. (1) (a) The agency shall fully consider written and oral submissions respecting the proposed rule.

(b) (i) Upon adoption of a rule, an agency shall fairly summarize and respond to the substance of comments received by the means set forth in the proposal notice and shall state the reasons for overruling the considerations urged against the rule's adoption. If substantial differences exist between the rule as proposed and as adopted and the differences have not been described or set forth in the adopted rule as that rule is published in the register, the differences must be described in the statement of reasons for and against agency action. When written or oral submissions have not been received, an agency may omit the statement of reasons.

(ii) If an adopted rule that initially implements legislation does not reflect the comments submitted by the primary sponsor by the means set forth in the proposal notice, the agency shall publish the sponsor's unredacted comments in the adoption notice and provide a statement explaining why the sponsor's comments were not incorporated into the adopted rule.

(2) Rules may not unnecessarily repeat statutory language. Whenever it is necessary to refer to statutory language in order to convey the meaning of a rule interpreting the language, the reference must clearly indicate the portion of the language that is statutory and the portion that is an amplification of the language.

(3) Each proposed and adopted rule must include a citation to the specific grant of rulemaking authority pursuant to which the rule or any part of the rule is adopted. In addition, each proposed and adopted rule must include a citation to the specific section or sections in the Montana Code Annotated that the rule purports to implement. A substantive rule may not be proposed or adopted unless:

(a) a statute granting the agency authority to adopt rules clearly and specifically lists the subject matter of the rule as a subject upon which the agency shall or may adopt rules; or

(b) the rule implements and relates to a subject matter or an agency function that is clearly and specifically included in a statute to which the grant of rulemaking authority extends.

(4) Each rule that is proposed and adopted by an agency and that implements a policy of a governing board or commission must include a citation to and description of the policy implemented. Each agency rule implementing a policy and the policy itself must be based on legal authority and otherwise comply with the requisites for validity of rules established by this chapter.

(5) To be effective, each substantive rule adopted must be within the scope of authority conferred and in accordance with standards prescribed by other provisions of law.

(6) Whenever by the express or implied terms of any statute a state agency has authority to adopt rules to implement, interpret, make specific, or otherwise carry out the provisions of the statute, an adoption, amendment, or repeal of a rule is not valid or effective unless it is:

(a) consistent and not in conflict with the statute; and

(b) reasonably necessary to effectuate the purpose of the statute. A statute mandating that the agency adopt rules establishes the necessity for rules but does not, standing alone, constitute reasonable necessity for a rule. The agency shall also address the reasonableness component of the reasonable necessity requirement by, as indicated in 2-4-302 (1) and subsection (1) of this section, stating the principal reasons and the rationale for its intended action and for the particular approach that it takes in complying with the mandate to adopt rules. Subject to the provisions of subsection (8), reasonable necessity must be clearly and thoroughly demonstrated for each adoption, amendment, or repeal of a rule in the agency's notice of proposed rulemaking and in the written and oral data, views, comments, or testimony submitted by the public or the agency and considered by the agency. A statement that merely explains what the rule provides is not a statement of the reasonable necessity for the rule.

(7) A rule is not valid unless notice of it is given and it is adopted in substantial compliance with 2-4-302 , 2-4-303 , or 2-4-306 and this section, unless notice of adoption of the rule is published within 6 months of the publishing of notice of the proposed rule, and unless the adoption is in compliance with the prohibitions of subsection (11). The measure of whether an agency has adopted a rule in substantial compliance with 2-4-302 , 2-4-303 , or 2-4-306 and this section is not whether the agency has provided notice of the proposed rule, standing alone, but rather must be based on an analysis of the agency's substantial compliance with 2-4-302 , 2-4-303 , or 2-4-306 and this section. If an amended or supplemental notice of either proposed or final rulemaking, or both, is published concerning the same rule, the 6-month limit must be determined with reference to the latest notice in all cases.

(8) (a) An agency may use an amended proposal notice or the adoption notice to correct deficiencies in citations of authority for rules and in citations of sections implemented by rules.

(b) An agency may use an amended proposal notice but, except for clerical corrections, may not use the adoption notice to correct deficiencies in a statement of reasonable necessity.

(c) If an agency uses an amended proposal notice to amend a proposal for reasons other than for corrections in citations of authority, in citations of sections being implemented, or of a clerical nature, the agency shall allow additional time for oral or written comments from the same interested persons who were notified of the original proposal notice, including from a primary sponsor, if primary sponsor notification was required under 2-4-310 , and from any other person who offered comments or appeared at a hearing already held on the proposed rule.

(9) This section applies to the department of labor and industry adopting a rule relating to a commercial drug formulary as provided in 39-71-704 . This section does not apply to the automatic updating of department of labor and industry rules relating to commercial drug formularies as provided in 39-71-704 .

(10) (a) This section applies to the department of public health and human services' adoption of rules relating to medicare fee schedules issued by the centers for medicare and medicaid services of the United States department of health and human services as provided in 53-6-113 .

(b) This section does not apply to the automatic updating of department of public health and human services rules relating to medicare fee schedules issued by the centers for medicare and medicaid services of the United States department of health and human services.

(11) (a) In the year preceding the year in which the legislature meets in regular session, an agency may not adopt a rule between October 1 through the end of the year.

(b) This subsection (11) does not apply to:

(i) an emergency rule adopted under 2-4-303 ;

(ii) subject to subsection (11)(c)(i), a rule adopted for implementation of a program or policy if the unavailability of information, guidance, or notice precluded adoption of the rule before October 1; or

(iii) subject to subsection (11)(c)(ii), a rule adopted by providing the proposal notice and statement of reasoning with an opportunity to object to the appropriate administrative rule review committee.

(c) (i) A rule may only be exempted under subsection (11)(b)(ii) if the notice required under 2-4-302 (1) provides a statement explaining why the unavailability of information, guidance, or notice precluded adoption of the rule before October 1.

(ii) A rule may be exempted under subsection (11)(b)(iii) only if the agency provides a copy of the proposal notice and an explanation of the reason why the rule must be adopted before the end of the year by electronic mail to each member of the committee and the committee staff. If the committee does not object to the proposal within 10 business days after the electronic mail of the proposal and explanation has been sent to the committee, the agency may proceed with adoption of the proposed rule. If, during the 10-day review period, a majority of the members notify the committee presiding officer that those members object to the proposed rulemaking, the presiding officer shall notify the agency by electronic mail that the committee objects. Following notice of the objection, a rule may not be adopted before the end of the year.
Mont. Code Ann. § 2-19-101 — MT Code / Title 2 / Chapter 19 / Part 1 / Section 2-19-101
2-19-101 Definitions
Status: in_force

2-19-101 . Definitions. As used in this part, the following definitions apply:

(1) "Department" means the department of administration created in 2-15-1001 .

(2) "State agency" means any state office, board, bureau, commission, department, or agency but does not include any agency operated by a city, town, county, school district, or other political subdivision.
Mont. Code Ann. § 2-3-102 — MT Code / Title 2 / Chapter 3 / Part 1 / Section 2-3-102
2-3-102 Definitions
Status: in_force

2-3-102 . Definitions. As used in this part, the following definitions apply:

(1) "Agency" means any board, bureau, commission, department, authority, or officer of the state or local government authorized by law to make rules, determine contested cases, make a decision on development applications, or enter into contracts except:

(a) the legislature and any branch, committee, or officer thereof;

(b) the judicial branches and any committee or officer thereof;

(c) the governor, except that an agency is not exempt because the governor has been designated as a member thereof; or

(d) the state military establishment and agencies concerned with civil defense and recovery from hostile attack.

(2) "Agency action" means the whole or a part of the adoption of an agency rule, the issuance of a license or order, the award of a contract, the approval of a development application, or the equivalent or denial of any of these.

(3) "Development application" means a formal request submitted to a local government entity to obtain approval for a development proposal pursuant to Title 76, chapter 25, part 3 or 4.

(4) "Rule" means any agency regulation, standard, or statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedures, or practice requirements of any agency. The term includes the amendment or repeal of a prior rule but does not include:

(a) statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public; or

(b) declaratory rulings as to the applicability of any statutory provision or of any rule.
Mont. Code Ann. § 2-1-203 — MT Code / Title 2 / Chapter 1 / Part 2 / Section 2-1-203
2-1-203 Withdrawal of offer to cede legislative jurisdiction
Status: in_force

2-1-203 . Withdrawal of offer to cede legislative jurisdiction. The offer by the state of Montana to cede to the federal government legislative jurisdiction over areas within the state of Montana as contained in the act of the second legislative assembly of the state of Montana, 1891, entitled: "An Act Giving the Consent of the State of Montana to the Purchase, by the United States, of Land in any City or Town of the State, for the Purpose of United States Courthouse, Post Office and for Other Purposes" approved March 5, 1891, as amended by the act of the third legislative assembly of 1893, an act entitled: "An Act Giving the Consent of the State of Montana to the Purchase by the United States of Land in any City or Town of the State for the Purpose of United States Courthouse, Post Offices and for Other Like Purposes", approved March 9, 1893, is hereby withdrawn except as to areas heretofore completely purchased or acquired by the federal government and over which areas the federal government has heretofore assumed either exclusive legislative jurisdiction or concurrent legislative jurisdiction under the terms of one or the other of said acts.
Mont. Code Ann. § 2-16-113 — MT Code / Title 2 / Chapter 16 / Part 1 / Section 2-16-113
2-16-113 Seals
Status: in_force

2-16-113 . Seals. (1) Each of the executive and state officers of the state must have a seal. Such seal must contain the same representations and motto as is found on the great seal and must be 2 inches in diameter, surrounded by the words "State of Montana" (giving the title of the office, "Secretary of State", etc.).

(2) An impression of the seal of executive and state officers must be filed in the office of the secretary of state.
Mont. Code Ann. § 2-16-511 — MT Code / Title 2 / Chapter 16 / Part 5 / Section 2-16-511
2-16-511 Vacancy in office of governor and lieutenant governor
Status: in_force

2-16-511 . Vacancy in office of governor and lieutenant governor. (1) If the offices of both the governor and the lieutenant governor become vacant, the president of the senate shall become governor and shall appoint a lieutenant governor.

(2) If the president of the senate is unable to assume the office of governor, the speaker of the house shall become governor and a lieutenant governor shall be elected in accordance with the provision of 2-16-512 .
Mont. Code Ann. § 2-15-1505 — MT Code / Title 2 / Chapter 15 / Part 15 / Section 2-15-1505
2-15-1505 Board of regents of higher education
Status: in_force

2-15-1505 . Board of regents of higher education. The board of regents of higher education created in Article X, section 9, subsection (2), of the Montana constitution consists of seven members appointed by the governor and confirmed by the senate. The governor, superintendent of public instruction, and commissioner of higher education are ex officio nonvoting members of the board of regents.
Mont. Code Ann. § 2-6-1007 — MT Code / Title 2 / Chapter 6 / Part 10 / Section 2-6-1007
2-6-1007 Special fees allowable for certain information
Status: in_force

2-6-1007 . Special fees allowable for certain information. (1) In addition to the fee allowed under 2-6-1006 , the department of revenue may charge an additional fee as reimbursement for the cost of developing and maintaining the property valuation and assessment system database from which the information is requested. The fee must be charged to persons, federal agencies, state agencies, and other entities requesting the database or any part of the database from any department property valuation and assessment system. The fee may not be charged to the governor's office of budget and program planning, the Montana tax appeal board, or any legislative body or its members or staff.

(2) The department of revenue may not charge a fee for information provided from any department property valuation and assessment system database to a local taxing jurisdiction for use in taxation and other governmental functions or to an individual taxpayer concerning the taxpayer's property.

(3) All fees received by the department of revenue under 2-6-1006 and this section must be deposited in the property value improvement fund as provided in 15-1-521 .

(4) In accordance with the fees allowed under 2-6-1006 , the Montana historical society may charge fees as approved by its board of trustees for copies of materials contained in its collections, based on documentable curatorial duties as set forth in 22-3-101 .
Mont. Code Ann. § 2-15-1809 — MT Code / Title 2 / Chapter 15 / Part 18 / Section 2-15-1809
2-15-1809 Board of horseracing
Status: in_force

2-15-1809 . Board of horseracing. (1) There is a board of horseracing.

(2) (a) The board consists of seven members, appointed by the governor with the consent of the senate, who must be citizens, residents, and qualified electors of this state.

(b) Two board members must be in the horseracing industry and may not represent the same district as described in subsection (3). The other five members may not be in the horseracing industry.

(c) A member of the board may not wager at any licensed racing meet in this state.

(3) Except for members appointed pursuant to subsection (2)(b), the governor may not appoint any member who would have a conflict of interest during the member's term of appointment. The governor shall appoint, on the basis of experience and qualifications, one member from each of the following districts:

(a) first district, consisting of Blaine, Carter, Custer, Daniels, Dawson, Fallon, Garfield, McCone, Phillips, Powder River, Prairie, Richland, Rosebud, Roosevelt, Sheridan, Treasure, Valley, and Wibaux Counties;

(b) second district, consisting of Big Horn, Carbon, Fergus, Golden Valley, Judith Basin, Musselshell, Petroleum, Sweet Grass, Stillwater, Wheatland, and Yellowstone Counties;

(c) third district, consisting of Cascade, Chouteau, Glacier, Hill, Liberty, Pondera, Teton, and Toole Counties;

(d) fourth district, consisting of Beaverhead, Broadwater, Deer Lodge, Gallatin, Jefferson, Lewis and Clark, Madison, Meagher, Park, and Silver Bow Counties; and

(e) fifth district, consisting of Flathead, Granite, Lake, Lincoln, Missoula, Mineral, Powell, Ravalli, and Sanders Counties.

(4) Each member shall serve for a term of 3 years. The terms of the members must be staggered. A member may be removed from office by the governor only for cause.

(5) A board member may be reappointed by the governor. A vacancy on the board must be filled for the unexpired term by appointment by the governor, with the consent of the senate, as provided in this section.

(6) The board is allocated to the department of commerce for administrative purposes only as prescribed in 2-15-121 .
Mont. Code Ann. § 2-15-238 — MT Code / Title 2 / Chapter 15 / Part 2 / Section 2-15-238
2-15-238 Honorees -- nominations -- selection -- certificate of proclamation -- speakers' bureau
Status: in_force

2-15-238 . Honorees -- nominations -- selection -- certificate of proclamation -- speakers' bureau. (1) County commissioners may annually solicit nominations of persons who exemplify aspects of Montana's common culture from local groups in their county, including but not limited to senior citizens' groups, community centers, county historical societies, local art agencies, labor and trade organizations, schools, and other local groups.

(2) When a solicitation of nominations is completed, the county commissioners shall compile a list of nominees from their county and present the list to the governor. The governor shall select the honorees.

(3) Each honoree shall receive:

(a) a certificate signed by the governor proclaiming the honoree to be a "Treasure State Living Cultural Treasure"; and

(b) an invitation to be included in the speakers' bureau.

(4) The speakers' bureau is a registry, maintained by the governor's office, of the treasure state living cultural treasures honorees and the skills and areas for which each honoree is recognized and can be called upon as a resource for the school-age population and all other residents of the state. The registry may include a fee schedule that delineates the speaker's fee, reimbursement for travel costs and per diem, and any other necessary expenses, if any, to be paid to the speaker by the organizations and schools that arrange for the speaker's services.

(5) The governor's office shall send on an annual basis a copy of the registry to the superintendent of public instruction, who shall send a copy to each school district of the state.

(6) The superintendent of public instruction shall inform and encourage the school districts to use the registry to choose speakers in various areas of Montana's common culture as resources in furthering the knowledge of the school-age population in the state on the unique western culture of Montana.

(7) The registry is to be made available for a reasonable charge to any person in the state upon request.

(8) The Indian tribal governments are invited to participate in the treasure state living cultural treasures program and to submit nominees to the governor as provided in subsection (2). For the purposes of this subsection, "Indian tribal government" means an Indian tribe, nation, or other organized group or community located within the existing boundaries of Montana.
Mont. Code Ann. § 2-4-402 — MT Code / Title 2 / Chapter 4 / Part 4 / Section 2-4-402
2-4-402 Powers of committees -- duty to review rules
Status: in_force

2-4-402 . Powers of committees -- duty to review rules. (1) The administrative rule review committees shall review all proposed rules filed with the secretary of state.

(2) Subject to 2-4-112 , the appropriate administrative rule review committee may:

(a) request and obtain an agency's rulemaking records for the purpose of reviewing compliance with 2-4-305 ;

(b) prepare written recommendations for the adoption, amendment, or rejection of a rule and submit those recommendations to the department proposing the rule and submit oral or written testimony at a rulemaking hearing;

(c) require that a rulemaking hearing be held in accordance with the provisions of 2-4-302 through 2-4-305 ;

(d) institute, intervene in, or otherwise participate in proceedings involving this chapter in the state and federal courts and administrative agencies;

(e) review the incidence and conduct of administrative proceedings under this chapter.
Mont. Code Ann. § 2-15-2025 — MT Code / Title 2 / Chapter 15 / Part 20 / Section 2-15-2025
2-15-2025 Environmental violations investigation and prosecution -- authority
Status: in_force

2-15-2025 . Environmental violations investigation and prosecution -- authority. The department of justice, at the request of the department of environmental quality, shall investigate and prosecute violations of the provisions of Title 75 and may also assist county attorneys in investigating and prosecuting violations of the provisions of Title 75 without charge to the county.
Mont. Code Ann. § 2-4-704 — MT Code / Title 2 / Chapter 4 / Part 7 / Section 2-4-704
2-4-704 Standards of review
Status: in_force

2-4-704 . Standards of review. (1) The review must be conducted by the court without a jury and must be confined to the record. In cases of alleged irregularities in procedure before the agency not shown in the record, proof of the irregularities may be taken in the court. The court, upon request, shall hear oral argument and receive written briefs.

(2) The court may not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because:

(a) the administrative findings, inferences, conclusions, or decisions are:

(i) in violation of constitutional or statutory provisions;

(ii) in excess of the statutory authority of the agency;

(iii) made upon unlawful procedure;

(iv) affected by other error of law;

(v) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record;

(vi) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion; or

(b) findings of fact, upon issues essential to the decision, were not made although requested.

(3) If a petition for review is filed challenging a licensing or permitting decision made pursuant to Title 75 or Title 82 on the grounds of unconstitutionality, as provided in subsection (2)(a)(i), the petitioner shall first establish the unconstitutionality of the underlying statute.
Mont. Code Ann. § 2-15-3110 — MT Code / Title 2 / Chapter 15 / Part 31 / Section 2-15-3110
2-15-3110 Livestock loss board -- purpose, membership, and qualifications
Status: in_force

2-15-3110 . Livestock loss board -- purpose, membership, and qualifications. (1) There is a livestock loss board. The purpose of the board is to administer the programs called for in the Montana gray wolf conservation and management plan, the Montana mountain lion management plan, the Montana black bear management plan, and the Montana grizzly bear management plan and established in 2-15-3111 through 2-15-3113 , with funds provided through the accounts established in 81-1-110 , in order to minimize losses caused by wolves, mountain lions, black bears, and grizzly bears to livestock producers and to reimburse livestock producers for livestock losses from wolf, mountain lion, black bear, and grizzly bear predation.

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

(a) three members who are actively involved in the livestock industry and who have knowledge and experience with regard to wildlife impacts or management; and

(b) two members of the general public who are or have been actively involved in wildlife conservation or wildlife management and who have knowledge and experience with regard to livestock production or management.

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

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

(5) The board shall adopt rules to implement the provisions of 2-15-3110 through 2-15-3114 and 81-1-110 through 81-1-113 .

(6) The board shall prioritize grants for prevention of wolf and grizzly bear predation over those for mountain lion or black bear predation.
Mont. Code Ann. § 2-15-133 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-133
2-15-133 Rules and orders
Status: repealed

2-15-133 . Rules and orders. The department or unit thereof that succeeds to all or part of the functions of an agency under a reorganization within the executive branch also succeeds to the rules and orders of that agency relating to the functions or parts of functions transferred. The rules and orders of any agency in effect before the effective date of the transfer remain in effect until amended, repealed, superseded, or nullified by proper authority or by law.
Mont. Code Ann. § 2-15-2005 — MT Code / Title 2 / Chapter 15 / Part 20 / Section 2-15-2005
2-15-2005 State fire prevention and investigation section
Status: in_force

2-15-2005 . State fire prevention and investigation section. (1) There is a state fire prevention and investigation section in the department of justice and under the supervision and control of the attorney general.

(2) A person appointed to administer the fire prevention and investigation section shall represent the state of Montana as the state fire marshal and must be a person qualified by experience, training, and high professional competence in matters of fire service and safety.
Mont. Code Ann. § 2-6-1113 — MT Code / Title 2 / Chapter 6 / Part 11 / Section 2-6-1113
2-6-1113 Constitutional officer records -- Montana historical society
Status: in_force

2-6-1113 . Constitutional officer records -- Montana historical society. (1) All constitutional officer records are the property of the state. The records must be delivered by outgoing constitutional officers to their successors, who shall preserve, store, transfer, destroy, or dispose of and otherwise manage them in accordance with the provisions of this section.

(2) Within 2 years after taking office as a constitutional officer, the current constitutional officer shall consult with staff members of the Montana historical society and transfer to the Montana historical society all of the constitutional officer records of the prior officeholder that are not necessary to the current operation of that office and are considered worthy of preservation.

(3) An outgoing constitutional officer, in consultation with staff members of the Montana historical society, shall review constitutional officer records and isolate any items of a purely personal nature. The personal papers are not subject to this section, but they may be deposited along with the constitutional officer records at the Montana historical society at the constitutional officer's discretion.

(4) An outgoing constitutional officer, in consultation with staff members of the Montana historical society, may restrict access to certain segments of that officer's records. Restrictions may not be longer than the lifetime of the depositing official. Restricted access may be imposed only to protect the confidentiality of personal information contained in the records. Restricted access may not be imposed unless the demand of individual privacy clearly exceeds the merits of public disclosure.

(5) Any question concerning the transfer or other status of constitutional officer records arising between the state archives and a constitutional officer's office must be decided by a four-fifths vote of the members of the retention and disposition subcommittee provided for in 2-6-1109 .
Mont. Code Ann. § 2-15-3320 — MT Code / Title 2 / Chapter 15 / Part 33 / Section 2-15-3320
2-15-3320 Terminated
Status: in_force

2-15-3320 . Terminated. Sec. 15, Ch. 456, L. 1999.
Mont. Code Ann. § 2-17-402 — MT Code / Title 2 / Chapter 17 / Part 4 / Section 2-17-402
2-17-402 Seal on motor vehicles
Status: in_force

2-17-402 . Seal on motor vehicles. A motor vehicle owned by the state must have a seal, logo, or other form of state ownership identification placed upon the vehicle.
Mont. Code Ann. § 2-16-632 — MT Code / Title 2 / Chapter 16 / Part 6 / Section 2-16-632
2-16-632 Conduct of special elections
Status: in_force

2-16-632 . Conduct of special elections. A special election for recall shall be conducted and the results canvassed and certified in the same manner that the law in effect at the time of the election for recall requires for an election to fill the office that is the subject of the recall petition, except as herein otherwise provided. In the case of an official holding a nonelective office, the election shall be conducted and the results canvassed and certified in the same manner that the law in effect at the time of the election for recall requires for an election to fill the office of the person who has the power to appoint such official. The powers and duties conferred or imposed by law upon boards of election, registration officers, canvassing boards, and other public officials who conduct general elections are conferred and imposed upon similar officers conducting recall elections under the provisions of this section together with the penalties prescribed for the breach thereof.
Mont. Code Ann. § 2-4-711 — MT Code / Title 2 / Chapter 4 / Part 7 / Section 2-4-711
2-4-711 Appeals -- staying agency decision
Status: in_force

2-4-711 . Appeals -- staying agency decision. An aggrieved party may obtain review of a final judgment of a district court under this part by appeal to the supreme court within 60 days after entry of judgment. Such appeal shall be taken in the manner provided by law for appeals from district courts in civil cases. Unless otherwise provided by statute or unless the agency has granted a stay through the completion of the judicial review process:

(1) if appeal is taken from a judgment of the district court affirming an agency decision, the agency decision shall not be stayed except upon order of the supreme court; except that, in cases where a stay is in effect at the time of the filing of notice of appeal, the stay shall be continued by operation of law for 20 days from the date of filing of the notice;

(2) if appeal is taken from a judgment of the district court reversing or modifying an agency decision, the agency decision shall be stayed pending final determination of the appeal unless the supreme court orders otherwise.
Mont. Code Ann. § 2-4-110 — MT Code / Title 2 / Chapter 4 / Part 1 / Section 2-4-110
2-4-110 Departmental review of rule notices
Status: in_force

2-4-110 . Departmental review of rule notices. (1) The head of each department of the executive branch shall appoint an existing attorney, paralegal, or other qualified person from that department to review each departmental rule proposal notice, adoption notice, or other notice relating to administrative rulemaking. Notice of the name of the person appointed under this subsection and of any successor must be given to the secretary of state before submitting approval of a notice to the secretary of state.

(2) The person appointed under subsection (1) shall review each notice by any division, bureau, or other unit of the department, including units attached to the department for administrative purposes only under 2-15-121 unless otherwise excepted, for compliance with this chapter before the notice is filed with the secretary of state. The reviewer shall pay particular attention to 2-4-302 and 2-4-305 . The review must include but is not limited to consideration of:

(a) the adequacy of the statement of reasonable necessity for the intended action and whether the intended action is reasonably necessary to effectuate the purpose of the code section or sections implemented;

(b) whether the proper statutory authority for the rule is cited;

(c) whether the citation of the code section or sections implemented is correct;

(d) whether the intended action is contrary to the code section or sections implemented or to other law; and

(e) for a rule that initially implements legislation, whether the intended action is contrary to any comments submitted to the department by the primary sponsor of the legislation for the purposes of 2-4-310 .

(3) The person appointed under subsection (1) shall approve each notice for which this section requires a review. The act of approving is an affirmation that the review required by this section has been performed to the best of the reviewer's ability. The secretary of state may not accept for filing a notice that does not have the approval required by this section.
Mont. Code Ann. § 2-15-3315 — MT Code / Title 2 / Chapter 15 / Part 33 / Section 2-15-3315
2-15-3315 Terminated
Status: in_force

2-15-3315 . Terminated. Sec. 15, Ch. 456, L. 1999.
Mont. Code Ann. § 2-15-155 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-155
2-15-155 State agency board, committee, commission, or advisory council member information to be published
Status: in_force

2-15-155 . State agency board, committee, commission, or advisory council member information to be published. (1) Whenever a board, committee, commission, or advisory council of the executive, legislative, or judicial branch publishes a report, such as an audit report, program evaluation report, research report, or statutorily required report, the board, committee, commission, or advisory council shall publish in the report:

(a) the name of each board, committee, commission, or advisory council member;

(b) an address, telephone number, or e-mail address for each board, committee, commission, or advisory council member; and

(c) the term of each board, committee, commission, or advisory council member, including the date that the member's term expires.

(2) Each executive, legislative, and judicial branch board, committee, commission, or advisory council shall ensure that the information required under subsection (1) is readily available on a website.

(3) This section is not intended to apply to administrative documents, such as memoranda or letters.
Mont. Code Ann. § 2-1-215 — MT Code / Title 2 / Chapter 1 / Part 2 / Section 2-1-215
2-1-215 Acceptance of jurisdiction over federal lands
Status: in_force

2-1-215 . Acceptance of jurisdiction over federal lands. The consent of the state is hereby given to the retrocession of jurisdiction, either partially or wholly, by the United States of America over lands owned by the United States of America within the boundaries of Montana that are used for national park or military purposes. The governor is authorized to accept for the state retrocession of jurisdiction.
Mont. Code Ann. § 2-2-121 — MT Code / Title 2 / Chapter 2 / Part 1 / Section 2-2-121
2-2-121 Rules of conduct for public officers and public employees
Status: in_force

2-2-121 . Rules of conduct for public officers and public employees. (1) Proof of commission of any act enumerated in subsection (2) is proof that the actor has breached a public duty.

(2) A public officer or a public employee may not:

(a) subject to subsection (6), use public time, facilities, equipment, state letterhead, supplies, personnel, or funds for the officer's or employee's private business purposes;

(b) engage in a substantial financial transaction for the officer's or employee's private business purposes with a person whom the officer or employee inspects or supervises in the course of official duties;

(c) assist any person for a fee or other compensation in obtaining a contract, claim, license, or other economic benefit from the officer's or employee's agency;

(d) assist any person for a contingent fee in obtaining a contract, claim, license, or other economic benefit from any agency;

(e) perform an official act directly and substantially affecting to its economic benefit a business or other undertaking in which the officer or employee either has a substantial financial interest or is engaged as counsel, consultant, representative, or agent; or

(f) solicit or accept employment, or engage in negotiations or meetings to consider employment, with a person whom the officer or employee regulates in the course of official duties without first giving written notification to the officer's or employee's supervisor and department director.

(3) (a) A candidate, as defined in 13-1-101 (10)(a), may not use or permit the use of state funds for any advertisement or public service announcement in a newspaper, on radio, or on television that contains the candidate's name, picture, or voice except in the case of a state or national emergency and then only if the announcement is reasonably necessary to the candidate's official functions.

(b) A state officer may not use or permit the use of public time, facilities, equipment, state letterhead, supplies, personnel, or funds to produce, print, or broadcast any advertisement or public service announcement in a newspaper, on radio, or on television that contains the state officer's name, picture, or voice except in the case of a state or national emergency if the announcement is reasonably necessary to the state officer's official functions or in the case of an announcement directly related to a program or activity under the jurisdiction of the office or position to which the state officer was elected or appointed.

(4) A public officer or public employee may not participate in a proceeding when an organization, other than an organization or association of local government officials, of which the public officer or public employee is an officer or director is:

(a) involved in a proceeding before the employing agency that is within the scope of the public officer's or public employee's job duties; or

(b) attempting to influence a local, state, or federal proceeding in which the public officer or public employee represents the state or local government.

(5) A public officer or public employee may not engage in any activity, including lobbying, as defined in 5-7-102 , on behalf of an organization, other than an organization or association of local government officials, of which the public officer or public employee is a member while performing the public officer's or public employee's job duties. The provisions of this subsection do not prohibit a public officer or public employee from performing charitable fundraising activities if approved by the public officer's or public employee's supervisor or authorized by law.

(6) A listing by a public officer or a public employee in the electronic directory provided for in 30-17-101 of any product created outside of work in a public agency is not in violation of subsection (2)(a) of this section. The public officer or public employee may not make arrangements for the listing in the electronic directory during work hours.

(7) A department head or a member of a quasi-judicial or rulemaking board may perform an official act notwithstanding the provisions of subsection (2)(e) if participation is necessary to the administration of a statute and if the person complies with the disclosure procedures under 2-2-131 .

(8) Subsection (2)(d) does not apply to a member of a board, commission, council, or committee unless the member is also a full-time public employee.

(9) Subsections (2)(b) and (2)(e) do not prevent a member of the governing body of a local government from performing an official act when the member's participation is necessary to obtain a quorum or to otherwise enable the body to act. The member shall disclose the interest creating the appearance of impropriety prior to performing the official act.
Mont. Code Ann. § 2-18-1312 — MT Code / Title 2 / Chapter 18 / Part 13 / Section 2-18-1312
2-18-1312 Tax exemption
Status: in_force

2-18-1312 . Tax exemption. Employer contributions into an account, the accumulation of interest or other earnings in an account, and payments from an account for qualified health care expenses are tax-exempt, as provided under applicable federal laws and regulations to the extent that the plan is qualified under applicable sections of the Internal Revenue Code.
Mont. Code Ann. § 2-17-1203 — MT Code / Title 2 / Chapter 17 / Part 12 / Section 2-17-1203
2-17-1203 Authority to use state building construction loans
Status: in_force

2-17-1203 . Authority to use state building construction loans. (1) If a public agency is otherwise authorized to borrow money by obtaining a loan to finance the construction of one or more of its buildings, the public agency may obtain a state building construction loan in accordance with this part to finance all or a portion of the costs of the construction of one or more of its buildings.

(2) A public agency must obtain a state building construction loan by requesting interest rate proposals from multiple financial institutions that will not be acting as underwriters with respect to the state building construction loan.

(3) In the materials that solicit interest rate proposals for the state building construction loan, the public agency shall provide that it will evaluate the proposals based solely on interest rate and the solicitation materials must describe the provisions of 2-17-1204 .
Mont. Code Ann. § 2-1-207 — MT Code / Title 2 / Chapter 1 / Part 2 / Section 2-1-207
2-1-207 Yellowstone national park
Status: in_force

2-1-207 . Yellowstone national park. Exclusive jurisdiction shall be and the same is hereby ceded to the United States over all that part of territory situate in the state of Montana now embraced in the Yellowstone national park, described as follows:

Beginning at the intersection of the east boundary of Yellowstone park with the south boundary of Montana; thence north to the northeast corner of said park; thence west along the north boundary of the park to the northwest corner thereof; thence south along the west boundary of the park to the boundary between Montana and Idaho; thence easterly along that boundary to the west boundary of Wyoming; thence north along the west boundary of Wyoming to the northwest corner thereof; thence east along the boundary between Wyoming and Montana to the east boundary of said park, the place of beginning; containing an area of approximately 198 square miles, saving, however, to the said state the right to serve civil or criminal process within the limits of the aforesaid described lands in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed in said state but outside the lands aforesaid, as long as the lands herein described are used for a national park and no other purposes.
Mont. Code Ann. § 2-16-633 — MT Code / Title 2 / Chapter 16 / Part 6 / Section 2-16-633
2-16-633 Form of ballot
Status: in_force

2-16-633 . Form of ballot. (1) The ballot at a recall election must set forth the statement contained in the recall petition stating the reasons for demanding the recall of the officer and the officer's statement of reasons why the officer should not be recalled. The question of whether the officer should be recalled must be placed on the ballot in a form similar to the following:

☐ FOR recalling ....... who holds the office of ........

☐ AGAINST recalling ....... who holds the office of ........

(2) The form of the ballot must be approved as provided in the election laws of this state.
Mont. Code Ann. § 2-8-121 — MT Code / Title 2 / Chapter 8 / Part 1 / Section 2-8-121
2-8-121 Effect of termination
Status: in_force

2-8-121 . Effect of termination. Unless otherwise provided, upon termination, each agency, program, or unit shall continue in existence until July 1 of the next succeeding year for the purpose of winding up its affairs. During the windup period, termination does not reduce or otherwise limit the powers or authority of each respective agency or program except that no action may be taken which would continue in effect beyond the 1-year windup period. Upon the expiration of the 1 year after termination, each agency or program not modified or reestablished shall be abolished and all unexpended balances of appropriations, allocations, or other funds shall revert to the fund from which they were appropriated or, if that fund is abolished, to the general fund.
Mont. Code Ann. § 2-19-102 — MT Code / Title 2 / Chapter 19 / Part 1 / Section 2-19-102
2-19-102 Closing out defunct state agencies -- procedures
Status: in_force

2-19-102 . Closing out defunct state agencies -- procedures. Unless otherwise provided by law, the following procedures apply whenever a state agency is terminated by operation of law, is abolished by executive or legislative action, ceases to function, or otherwise becomes defunct:

(1) The department becomes the receiver of all real and personal property of the agency, including all books, records, and accounts, and shall determine all remaining assets and liabilities of the defunct agency. The department shall inventory all personal property of the agency and may reassign the property to other state agencies or otherwise dispose of it as provided in Title 18, chapter 6, part 1.

(2) The department must pay any creditors of the defunct state agency from the funds remaining in the agency's current budget. However, if insufficient funds remain to settle all outstanding accounts, then the department shall prorate all claims in the ratio of their amount to the total cash available. The department shall seek a supplemental appropriation from the next regular session of the legislature to pay the remaining balance of the creditors' claims. Any funds remaining after payment to all creditors of the defunct agency must be deposited by the department into the general fund.
Mont. Code Ann. § 2-18-206 — MT Code / Title 2 / Chapter 18 / Part 2 / Section 2-18-206
2-18-206 List of positions maintained
Status: in_force

2-18-206 . List of positions maintained. To facilitate state budgeting and as directed by the budget director, each agency shall maintain a list of current authorized positions, the number of positions in each occupation, and the salaries or wages being paid, appropriated, or proposed for each position.
Mont. Code Ann. § 2-4-311 — MT Code / Title 2 / Chapter 4 / Part 3 / Section 2-4-311
2-4-311 Publication and arrangement of ARM
Status: in_force

2-4-311 . Publication and arrangement of ARM. (1) The secretary of state shall compile, index, arrange, rearrange, correct errors or inconsistencies without changing the meaning, intent, or effect of any rule, and publish all rules filed pursuant to this chapter in the ARM. The secretary of state shall supplement, revise, and publish the ARM or any part of the ARM as often as the secretary of state considers necessary. The secretary of state may include editorial notes, cross-references, and other matter that the secretary of state considers desirable or advantageous. The secretary of state shall publish supplements to the ARM at the times and in the form that the secretary of state considers appropriate.

(2) The secretary of state shall publish the ARM, including supplements or revisions to the ARM, in a printable electronic format and make the electronic version of the ARM freely available through the secretary of state's website.

(3) The ARM must be arranged, indexed, and published or duplicated in a manner that permits separate publication of portions relating to individual agencies. An agency may make arrangements with the secretary of state for the printing or electronic distribution of as many copies of the separate publications as it may require. The secretary of state may charge a fee for any separate printed or electronic publications. The fee must be set and deposited in accordance with 2-15-405 and must be paid by the agency.
Mont. Code Ann. § 2-16-622 — MT Code / Title 2 / Chapter 16 / Part 6 / Section 2-16-622
2-16-622 Resignation of officer -- proclamation of election
Status: in_force

2-16-622 . Resignation of officer -- proclamation of election. (1) If the officer named in the petition for recall submits a resignation in writing, it must be accepted and become effective 72 hours after it is offered. The vacancy created by the resignation must be filled as provided by law. However, the officer named in the petition for recall may not be appointed to fill the vacancy. If the officer named in the petition for recall refuses to resign or does not resign within 5 days after the petition is filed, an election must be held. If the recall petition was filed between 145 days and 90 days before a general election, the recall election must held at the same time as the general election. If the recall petition was filed more than 145 days or less than 90 days before a general election, a special election must be called.

(2) The call of a special election must be made by the governor in the case of a state or state-district officer or by the board or officer empowered by law to call special elections for a political subdivision in the case of any officer of a political subdivision of the state.
Mont. Code Ann. § 2-17-202 — MT Code / Title 2 / Chapter 17 / Part 2 / Section 2-17-202
2-17-202 Inventory -- property to be charged to receiving agency
Status: in_force

2-17-202 . Inventory -- property to be charged to receiving agency. (1) Each person in charge of any state property shall, upon request of the department of administration, furnish a sworn statement of all personal property in the person's possession or under the person's charge belonging to the state, together with an estimate of its value. The person shall furnish any other information in connection with the statement that the department requires.

(2) Each state department, office, board, commission, and institution must be charged with all items of personal property and all other personal property placed at the disposal of the state department, office, board, commission, or institution and must be credited with all worn out, used, lost, injured, or destroyed property from time to time as reported to the department of administration. The entity is responsible for all items of personal property not accounted for. Property may be accounted for as provided in 18-6-101 .
Mont. Code Ann. § 2-15-1730 — MT Code / Title 2 / Chapter 15 / Part 17 / Section 2-15-1730
2-15-1730 Alternative health care board
Status: in_force

2-15-1730 . Alternative health care board. (1) In accordance with 37-1-123 , there is an alternative health care board.

(2) The board consists of eight members:

(a) two members from each of the health care professions regulated by the board;

(b) one member who is a physician whose practice includes obstetrics; and

(c) one public member.

(3) The board is allocated to the department as prescribed in 2-15-121 .
Mont. Code Ann. § 2-16-301 — MT Code / Title 2 / Chapter 16 / Part 3 / Section 2-16-301
2-16-301 Appointment of deputies and subordinate officers -- number
Status: in_force

2-16-301 . Appointment of deputies and subordinate officers -- number. (1) All assistants, deputies, and other subordinate officers whose appointments are not otherwise provided for must be appointed by the officer or body to whom they are respectively subordinate.

(2) When the number of such deputies or subordinate officers is not fixed by law, it is limited only by the discretion of the appointing power.

(3) The appointment of deputies not otherwise provided for must be made in writing filed in the office of the appointing power or the office of its clerk.
Mont. Code Ann. § 2-9-516 — MT Code / Title 2 / Chapter 9 / Part 5 / Section 2-9-516
2-9-516 Separate judgments
Status: in_force

2-9-516 . Separate judgments. If separate judgments are recovered on the surety bonds by an injured party for the same cause of action, the injured party is entitled to have execution issued on the judgments respectively but the injured party may collect, by execution or otherwise, only the amount actually adjudged on the same causes of action in one of the suits, together with the costs of both suits.
Mont. Code Ann. § 2-9-905 — MT Code / Title 2 / Chapter 9 / Part 9 / Section 2-9-905
2-9-905 Affirmative defense -- reasonable measures consistent with regulations, orders, and public health guidance
Status: in_force

2-9-905 . (Temporary) Affirmative defense -- reasonable measures consistent with regulations, orders, and public health guidance. (1) In addition to all other defenses, a government entity may assert as an affirmative defense that the government entity took reasonable measures consistent with a federal or state statute, regulation, order, or public health guidance related to covid-19 that was applicable to the government entity or activity at issue at the time of the alleged injury, death, or property damage.

(2) If two or more sources of public health guidance are applicable, a government entity does not breach a duty of care if the person took reasonable measures consistent with one applicable set of public health guidance.

(3) If a government entity proves the affirmative defense contained in this section, the affirmative defense is a complete bar to any action relating to covid-19.

(4) This section may not be construed to impose liability on a government entity for failing to comply with a federal or state statute, regulation, order, or public health guidance related to covid-19. (Terminates December 31, 2031--sec. 12, Ch. 516, L. 2021.)
Mont. Code Ann. § 2-15-2108 — MT Code / Title 2 / Chapter 15 / Part 21 / Section 2-15-2108
2-15-2108 Petroleum tank release compensation board
Status: in_force

2-15-2108 . Petroleum tank release compensation board. (1) There is a petroleum tank release compensation board.

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

(a) a representative of the financial or banking industry with experience in small business or property loans;

(b) a representative of the petroleum services industry or a representative of the petroleum release remediation consultant industry;

(c) a representative of independent petroleum marketers and chain retailers;

(d) a representative of the general public;

(e) a representative of service station dealers;

(f) a representative of the insurance industry; and

(g) a person with a background in environmental regulation.

(3) The board shall elect a presiding officer.

(4) The term of membership is 3 years.

(5) Members shall serve without pay, but are entitled to reimbursement for travel, meals, and lodging while engaged in board business, as provided in 2-18-501 through 2-18-503 .
Mont. Code Ann. § 2-2-104 — MT Code / Title 2 / Chapter 2 / Part 1 / Section 2-2-104
2-2-104 Rules of conduct for public officers, legislators, and public employees
Status: in_force

2-2-104 . Rules of conduct for public officers, legislators, and public employees. (1) Proof of commission of any act enumerated in this section is proof that the actor has breached the actor's public duty. A public officer, legislator, or public employee may not:

(a) disclose or use confidential information acquired in the course of official duties in order to further substantially the individual's personal economic interests; or

(b) accept a gift of substantial value or a substantial economic benefit tantamount to a gift:

(i) that would tend improperly to influence a reasonable person in the person's position to depart from the faithful and impartial discharge of the person's public duties; or

(ii) that the person knows or that a reasonable person in that position should know under the circumstances is primarily for the purpose of rewarding the person for official action taken.

(2) An economic benefit tantamount to a gift includes without limitation a loan at a rate of interest substantially lower than the commercial rate then currently prevalent for similar loans and compensation received for private services rendered at a rate substantially exceeding the fair market value of the services. Campaign contributions reported as required by statute are not gifts or economic benefits tantamount to gifts.

(3) (a) Except as provided in subsection (3)(b), a public officer, legislator, or public employee may not receive salaries from two separate public employment positions that overlap for the hours being compensated, unless:

(i) the public officer, legislator, or public employee reimburses the public entity from which the employee is absent for the salary paid for performing the function from which the officer, legislator, or employee is absent; or

(ii) the public officer's, legislator's, or public employee's salary from one employer is reduced by the amount of salary received from the other public employer in order to avoid duplicate compensation for the overlapping hours.

(b) Subsection (3)(a) does not prohibit:

(i) a public officer, legislator, or public employee from receiving income from the use of accrued leave or compensatory time during the period of overlapping employment; or

(ii) a public school teacher from receiving payment from a college or university for the supervision of student teachers who are enrolled in a teacher education program at the college or university if the supervision is performed concurrently with the school teacher's duties for a public school district.

(c) In order to determine compliance with this subsection (3), a public officer, legislator, or public employee subject to this subsection (3) shall disclose the amounts received from the two separate public employment positions to the commissioner of political practices.
Mont. Code Ann. § 2-1-601 — MT Code / Title 2 / Chapter 1 / Part 6 / Section 2-1-601
2-1-601 Definitions
Status: in_force

2-1-601 . Definitions. As used in this part, the following definitions apply:

(1) "Local government" means a municipality, a county, or a consolidated city-county government.

(2) "Policy" means a formal or informal rule, order, ordinance, or policy, whether written or unwritten.

(3) "State agency" means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive branch of state government.
Mont. Code Ann. § 2-15-2205 — MT Code / Title 2 / Chapter 15 / Part 22 / Section 2-15-2205
2-15-2205 Division of visual services
Status: in_force

2-15-2205 . Division of visual services. There is a division of visual services within the department of public health and human services. The division head is an administrator appointed by the director of the department of public health and human services in accordance with classification requirements. The division is responsible for administration of rehabilitative and other services for blind persons and persons with low vision.
Mont. Code Ann. § 2-18-719 — MT Code / Title 2 / Chapter 18 / Part 7 / Section 2-18-719
2-18-719 Independent dispute resolution procedure -- exemptions
Status: in_force

2-18-719 . Independent dispute resolution procedure -- exemptions. (1) To initiate a dispute resolution procedure under 2-18-715 through 2-18-720 , the parties shall file a written notice of dispute with the insurance commissioner.

(2) Except as provided in subsection (3), within 30 days after the date of receipt of the notice of dispute, and if no independent reviewer is mutually agreed to by the insurer or health plan and air ambulance service under subsection (3), the insurance commissioner shall appoint an independent reviewer having the qualifications listed in 2-18-720 . The insurance commissioner shall select an independent reviewer randomly from a list established under 2-18-720 .

(3) The insurer or health plan and air ambulance provider may by mutual agreement select an independent reviewer. The parties shall notify the insurance commissioner of the mutually agreed independent reviewer prior to the appointment of an independent reviewer under subsection (2).

(4) An independent reviewer's sole substantive determination under this part is the fair market price of the services that are the subject of the claim.

(5) The independent reviewer may make procedural rulings necessary to regulate the proceedings.

(6) The factors to be used in the independent reviewer's determination are:

(a) the training, qualifications, and composition of the air ambulance service personnel;

(b) the fees for rotor wing or fixed wing services originating or provided entirely within the state of Montana that are:

(i) usually charged by the air ambulance service in Montana;

(ii) usually accepted as payment in full by the air ambulance service in Montana;

(iii) usually charged by other air ambulance services doing business in Montana;

(iv) usually accepted as payment in full by other air ambulance services doing business in Montana; and

(v) usually paid by the insurer or health plan for the service provided in Montana;

(c) whether the air ambulance service was provided in a rural or urban context;

(d) the applicable medicare rate of payment for the services that are the subject of the claim; and

(e) any other factors the independent reviewer determines to be relevant in determining fair market price in accordance with established precedent.

(7) Participation in a dispute resolution procedure under 2-18-718 through 2-18-720 exempts an insurer from 33-18-201 (6) and (8) and 33-18-232 (2).
Mont. Code Ann. § 2-4-302 — MT Code / Title 2 / Chapter 4 / Part 3 / Section 2-4-302
2-4-302 Notice, hearing, and submission of views
Status: in_force

2-4-302 . Notice, hearing, and submission of views. (1) Prior to the adoption, amendment, or repeal of any rule, the agency shall give written notice of its proposed action. The proposal notice must include:

(a) a statement of either the terms or substance of the intended action or a description of the subjects and issues involved, and the reasonable necessity for the proposed action, written in plain, easily understood language;

(b) the time, place, and manner in which interested persons may present their views on the proposed action. If an oral hearing is not scheduled, the notice of proposed rulemaking must state that opportunity for oral hearing must be granted if requested by either 10% or 25, whichever is less, of the persons who will be directly affected by the proposed rule, by a governmental subdivision or agency, by the appropriate administrative rule review committee, or by an association having not less than 25 members who will be directly affected. If the proposed rulemaking involves matters of significant interest to the public, the agency shall schedule an oral hearing.

(c) the small business impact analysis as required by 2-4-111 or the economic impact statement as permitted by 2-4-405 ; and

(d) a statement of compliance with the primary sponsor contact provisions of 2-4-310 .

(2) The proposal notice must be filed with the secretary of state for publication in the register, as provided in 2-4-312 . The agency shall send an electronic copy of the published proposal notice to the appropriate administrative rule review committee. The agency shall also post the proposal notice on a state digital access system or other electronic communications system available to the public.

(3) Each agency shall create and maintain a list of interested persons and the subjects about which each person is interested. Each agency shall:

(a) notify interested persons within 3 days of publication of a proposal notice that the proposal notice is available on the agency's website and an electronic link to the part of the agency's website or a description of the means of locating that part of the agency's website where the notice is available;

(b) allow interested persons to receive a hard copy via mail of proposal notices, if requested; and

(c) provide reasonable notice of the list of interested persons and how to sign up to it.

(4) If a statute provides for a method of publication different from that provided in subsection (2), the affected agency shall comply with the statute in addition to the requirements contained in this section. However, the notice period may not be less than 30 days or more than 6 months.

(5) (a) Prior to the adoption, amendment, or repeal of any rule, the agency shall afford interested persons:

(i) at least 20 days' notice of a hearing; and

(ii) at least 28 days from the day of the original notice to submit data, views, or arguments, orally or in writing.

(b) If an amended or supplemental notice is filed, additional time may be allowed for oral or written submissions.

(6) An agency may continue a hearing date for cause. In the discretion of the agency, contested case procedures need not be followed in hearings held pursuant to this section. If a hearing is otherwise required by statute, nothing in this section alters that requirement.

(7) If an agency fails to publish a notice of adoption within the time required by 2-4-305 (7) and the agency again proposes the same rule for adoption, amendment, or repeal, the proposal must be considered a new proposal for purposes of compliance with this chapter.

(8) At the commencement of a hearing on the intended action, the person designated by the agency to preside at the hearing shall:

(a) read aloud the "Notice of Function of Administrative Rule Review Committee" appearing in the register;

(b) inform the persons at the hearing of the interested persons list and how to sign up for it; and

(c) provide a brief presentation that summarizes the rule proposal and the reasons for the proposal.

(9) This section applies to the department of labor and industry adopting a rule relating to a commercial drug formulary as provided in 39-71-704 . This section does not apply to the automatic updating of department of labor and industry rules relating to commercial drug formularies as provided in 39-71-704 .

(10) (a) This section applies to the department of public health and human services' adoption of rules relating to medicare fee schedules issued by the centers for medicare and medicaid services of the United States department of health and human services as provided in 53-6-113 .

(b) This section does not apply to the automatic updating of department of public health and human services rules relating to medicare fee schedules issued by the centers for medicare and medicaid services of the United States department of health and human services.
Mont. Code Ann. § 2-15-123 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-123
2-15-123 Administratively created agencies -- prohibition
Status: in_force

2-15-123 . Administratively created agencies -- prohibition. The governor, a department head, or any other official of the executive branch of state government or an agency may not, by administrative action, create or attempt to create an agency of state government. This section does not apply to:

(1) advisory councils created in accordance with 2-15-122 ;

(2) units within the internal structure of a department established under 2-15-112 (1)(g).
Mont. Code Ann. § 2-18-626 — MT Code / Title 2 / Chapter 18 / Part 6 / Section 2-18-626
2-18-626 Department of justice employees -- payment of compensation for time spent answering subpoena
Status: in_force

2-18-626 . Department of justice employees -- payment of compensation for time spent answering subpoena. A department of justice employee must receive all regular duty pay and benefits for time spent answering a subpoena in a civil or criminal cause when called to testify in connection with the employee's official duties. The department of justice may bill the person or organization requesting issuance of the subpoena for reimbursement for the employee's time.
Mont. Code Ann. § 2-15-3317 — MT Code / Title 2 / Chapter 15 / Part 33 / Section 2-15-3317
2-15-3317 Terminated
Status: in_force

2-15-3317 . Terminated. Sec. 15, Ch. 456, L. 1999.
Mont. Code Ann. § 2-17-801 — MT Code / Title 2 / Chapter 17 / Part 8 / Section 2-17-801
2-17-801 Short title
Status: in_force

2-17-801 . Short title. This part may be cited as the "Capitol Complex Master Plan Act".
Mont. Code Ann. § 2-4-410 — MT Code / Title 2 / Chapter 4 / Part 4 / Section 2-4-410
2-4-410 Report of litigation
Status: in_force

2-4-410 . Report of litigation. Each agency shall report to the appropriate administrative rule review committee any judicial proceedings in which the construction or interpretation of any provision of this chapter is in issue and may report to the committee any proceeding in which the construction or interpretation of any rule of the agency is in issue. Subject to 2-4-112 , on request of the committee, copies of documents filed in any proceeding in which the construction or interpretation of either this chapter or an agency rule is in issue must be made available to the committee by the agency involved.
Mont. Code Ann. § 2-18-303 — MT Code / Title 2 / Chapter 18 / Part 3 / Section 2-18-303
2-18-303 Procedures for administering broadband pay plan
Status: in_force

2-18-303 . Procedures for administering broadband pay plan. (1) On the first day of the first complete pay period in fiscal year 2026, each employee is entitled to the amount of the employee's base salary as it was on June 30, 2025.

(2) To the extent that the plan applies to employees within a collective bargaining unit, the implementation of the plan is a negotiable subject under 39-31-305 .

(3) Effective on the first day of the first complete pay period that includes July 1, 2025, the base salary of each employee must be increased by $1.00 an hour or by 2.5%, whichever is greater. Effective on the first day of the first complete pay period that includes July 1, 2026, the base salary of each employee must be increased by $1.00 an hour or by 2.5%, whichever is greater.

(4) (a) (i) A member of a bargaining unit may not receive the pay adjustment provided for in subsection (3) until the employer's collective bargaining representative receives written notice that the employee's collective bargaining unit has ratified a collective bargaining agreement.

(ii) If ratification of a collective bargaining agreement, as required by subsection (4)(a)(i), is not completed by the date on which a legislatively authorized pay increase is implemented, members of the bargaining unit must continue to receive the compensation that they were receiving until an agreement is ratified.

(b) Methods of administration consistent with the purpose of this part and necessary to properly implement the pay adjustments provided for in this section may be provided for in collective bargaining agreements.

(5) (a) Montana highway patrol officer base salaries must be established through the broadband pay plan. Before January 1 of each odd-numbered year, the department shall, after seeking the advice of the Montana highway patrol, conduct a salary survey to be used in establishing the base salary for existing and entry-level highway patrol officer positions. The county sheriff's offices and the city police departments located within the county seats of the following consolidated governments and counties are the labor market for purposes of the survey: Butte-Silver Bow, Cascade, Yellowstone, Missoula, Lewis and Clark, Gallatin, Flathead, and Dawson. The base salary for existing and entry-level highway patrol officer positions must then be determined by the department of justice, using the results of the salary survey and the department of justice pay plan guidelines. Base or biennial salary increases under this subsection are exclusive of and not in addition to any increases otherwise awarded to other state employees after July 1, 2006.

(b) To the extent that the plan applies to employees within a collective bargaining unit, the implementation of the plan is a negotiable subject under 39-31-305 .

(c) The department of justice shall submit the salary survey to the office of budget and program planning as a part of the information required by 17-7-111 .

(d) The salary survey and plan must be completed at least 6 months before the start of each regular legislative session.
Mont. Code Ann. § 2-15-402 — MT Code / Title 2 / Chapter 15 / Part 4 / Section 2-15-402
2-15-402 Deputy secretary of state
Status: in_force

2-15-402 . Deputy secretary of state. (1) The secretary of state shall appoint a chief deputy and a deputy who in the absence of the principal shall perform all the duties of office. In the case of a vacancy in the office of secretary of state, the chief deputy shall perform all the duties of the office until such disability be removed or vacancy filled.

(2) Such deputies shall subscribe, take, and file the oath of office provided by law for other state officers before entering upon the performance of their duties.
Mont. Code Ann. § 2-16-102 — MT Code / Title 2 / Chapter 16 / Part 1 / Section 2-16-102
2-16-102 Qualifications generally -- age and citizenship
Status: in_force

2-16-102 . Qualifications generally -- age and citizenship. (1) Provisions respecting disqualifications for particular offices are contained in the constitution and in the provisions of the laws concerning the various offices.

(2) A person is not eligible to hold civil office in this state who at the time of election or appointment is not 18 years of age or older and a citizen of this state.

(3) A person is not eligible to hold civil office in this state who at the time of the filing deadline for the race is not registered to vote in Montana. An exemption must be granted for an individual who will turn 18 years old before the election, but not before the filing deadline pursuant to 13-1-114 .
Mont. Code Ann. § 2-18-601 — MT Code / Title 2 / Chapter 18 / Part 6 / Section 2-18-601
2-18-601 Definitions
Status: in_force

2-18-601 . Definitions. For the purpose of this part, the following definitions apply:

(1) (a) "Agency" means any legally constituted department, board, or commission of state, county, or city government or any political subdivision of the state.

(b) The term does not mean the state compensation insurance fund.

(2) "Break in service" means a period of time in excess of 5 working days when the person is not employed and that severs continuous employment.

(3) "Common association" means an association of employees established pursuant to 2-18-1310 for the purposes of employer and employee participation in the plan.

(4) "Continuous employment" means working within the same jurisdiction without a break in service of more than 5 working days or without a continuous absence without pay of more than 15 working days.

(5) "Contracting employer" means an employer who, pursuant to 2-18-1310 , has contracted with the department of administration to participate in the plan.

(6) "Employee" means any person employed by an agency except elected state, county, and city officials, schoolteachers, members of the instructional or scientific staff of a community college, persons contracted as independent contractors or hired under personal services contracts, and student interns.

(7) "Floating holiday" means an annual scheduled day off with pay as provided for in 2-18-603 for an employee of an agency specified in 2-18-101 (1) or for an employee of an entity of the legislative branch consolidated as provided for in 5-2-504 .

(8) "Full-time employee" means an employee who normally works 40 hours a week.

(9) "Holiday" means:

(a) for employees of an agency specified in 2-18-101 (1) and employees of an entity of the legislative branch consolidated, as provided in 5-2-504 , a scheduled day off with pay to observe a legal holiday, as specified in 1-1-216 (1)(a) through (1)(k), except Sundays; or

(b) for all other employees, a scheduled day off with pay to observe a legal holiday, as specified in 1-1-216 or 20-1-305 , except Sundays.

(10) "Member" means an employee who belongs to a voluntary employees' beneficiary association established under 2-18-1310 .

(11) "Part-time employee" means an employee who normally works less than 40 hours a week.

(12) "Permanent employee" means a permanent employee as defined in 2-18-101 .

(13) "Plan" means the employee welfare benefit plan established under Internal Revenue Code section 501(c)(9) pursuant to 2-18-1304 .

(14) "Seasonal employee" means a seasonal employee as defined in 2-18-101 .

(15) "Short-term worker" means:

(a) for the executive and judicial branches, a short-term worker as defined in 2-18-101 ; or

(b) for the legislative branch, an individual who:

(i) may be hired by a legislative agency without using a competitive process for an hourly wage established by the agency;

(ii) may not work for the agency for more than 6 months in a continuous 12-month period;

(iii) is not eligible for permanent status;

(iv) may not be hired into a permanent position by the agency without a competitive selection process;

(v) is not eligible to earn the leave and holiday benefits provided in this part; and

(vi) may be discharged without cause.

(16) "Sick leave" means a leave of absence with pay for:

(a) a sickness suffered by an employee or a member of the employee's immediate family; or

(b) the time that an employee is unable to perform job duties because of:

(i) a physical or mental illness, injury, or disability;

(ii) maternity or pregnancy-related disability or treatment, including prenatal care, birth, or medical care for the employee or the employee's child;

(iii) parental leave for a permanent employee as provided in 2-18-606 ;

(iv) quarantine resulting from exposure to a contagious disease;

(v) examination or treatment by a licensed health care provider;

(vi) short-term attendance, in an agency's discretion, to care for a relative or household member not covered by subsection (16)(a) until other care can reasonably be obtained;

(vii) necessary care for a spouse, child, or parent with a serious health condition, as defined in the Family and Medical Leave Act of 1993; or

(viii) death or funeral attendance of an immediate family member or, at an agency's discretion, another person.

(17) "Student intern" means a student intern as defined in 2-18-101 .

(18) "Temporary employee" means a temporary employee as defined in 2-18-101 .

(19) "Transfer" means a change of employment from one agency to another agency in the same jurisdiction without a break in service.

(20) "Vacation leave" means a leave of absence with pay for the purpose of rest, relaxation, or personal business at the request of the employee and with the concurrence of the employer.
Mont. Code Ann. § 2-2-302 — MT Code / Title 2 / Chapter 2 / Part 3 / Section 2-2-302
2-2-302 Appointment of relative to office of trust or emolument unlawful -- exceptions -- publication of notice
Status: in_force

2-2-302 . Appointment of relative to office of trust or emolument unlawful -- exceptions -- publication of notice. (1) Except as provided in subsection (2), it is unlawful for a person or member of any board, bureau, or commission or employee at the head of a department of this state or any political subdivision of this state to appoint to any position of trust or emolument any person related or connected by consanguinity within the fourth degree or by affinity within the second degree.

(2) The provisions of 2-2-303 and this section do not apply to:

(a) a sheriff in the appointment of a person as a cook or an attendant;

(b) school district trustees if all the trustees, with the exception of any trustee who is related to the person being appointed and who must abstain from voting for the appointment, approve the appointment of a person related to a trustee;

(c) a school district in the employment of a person as a substitute teacher who is not employed as a substitute teacher for more than 30 consecutive school days as defined by the trustees in 20-1-302 ;

(d) the renewal of an employment contract of a person who was initially hired before the member of the board, bureau, or commission or the department head to whom the person is related assumed the duties of the office;

(e) the employment of election judges;

(f) the employment of pages or temporary session staff by the legislature;

(g) county commissioners of a county with a population of less than 10,000 if all the commissioners, with the exception of any commissioner who is related to the person being appointed and who must abstain from voting for the appointment, approve the appointment of a person related to a commissioner; or

(h) a board, bureau, or commission of a county with a population of less than 10,000 people, if all the board, bureau, or commission members, with the exception of any member who is related to the person being appointed and who must abstain from voting for the appointment, approve the appointment of a person related to a board member.

(3) Prior to the appointment of a person referred to in subsection (2)(b), (2)(g), or (2)(h), written notice of the time and place for the intended action must be published at least 15 days prior to the intended action in a newspaper of general circulation in the county in which the school district is located or the county office or position is located.
Mont. Code Ann. § 2-7-502 — MT Code / Title 2 / Chapter 7 / Part 5 / Section 2-7-502
2-7-502 Short title -- purpose
Status: in_force

2-7-502 . Short title -- purpose. (1) This part may be cited as the "State of Montana Single Audit Act".

(2) The purposes of this part are to:

(a) improve the financial management of local government entities with respect to federal, state, and local financial assistance;

(b) establish uniform requirements for financial reports and audits of local government entities;

(c) ensure constituent interests by determining that compliance with all appropriate statutes and regulations is accomplished;

(d) ensure that the financial condition and operations of the local government entities are reasonably conducted and reported;

(e) ensure that the stewardship of local government entities is conducted in a manner to preserve and protect the public trust;

(f) ensure that local government entities accomplish, with economy and efficiency, the duties and responsibilities of the entities in accordance with the legal requirements imposed and the desires of the public; and

(g) promote the efficient and effective use of audit resources.
Mont. Code Ann. § 2-16-631 — MT Code / Title 2 / Chapter 16 / Part 6 / Section 2-16-631
2-16-631 Notice of recall election
Status: in_force

2-16-631 . Notice of recall election. The notice of a recall election shall be in substantially the following form:

NOTICE OF RECALL ELECTION

Notice is hereby given pursuant to law that a recall election will be held on .......... (Date) for the purpose of voting upon the recall of ............ who holds the office of ..........

DATED at .........., .......... (Date)