Mont. Code Ann. § 2-16-405 — MT Code / Title 2 / Chapter 16 / Part 4 / Section 2-16-405
2-16-405 Salaries of certain elected state officials
Status: in_force

2-16-405 . Salaries of certain elected state officials. (1) The salaries paid to the following elected officials are determined as provided in subsection (2):

(a) governor;

(b) lieutenant governor;

(c) attorney general;

(d) state auditor, ex officio commissioner of securities and insurance;

(e) superintendent of public instruction;

(f) public service commission presiding officer;

(g) public service commissioners, other than presiding officer;

(h) secretary of state;

(i) clerk of the supreme court.

(2) Before June 30 of each even-numbered year, the department of administration shall conduct a salary survey of executive branch officials with similar titles to the Montana officials listed in subsection (1) for the states of North Dakota, South Dakota, Wyoming, and Idaho. The department shall include the salary for the Montana official in determining the average salary for the officials with similar titles. If the average salary is greater than the salary for the official in Montana, then beginning July 1 of the year following the year in which the survey is conducted, the average salary is the new salary for the official.
Mont. Code Ann. § 2-17-301 — MT Code / Title 2 / Chapter 17 / Part 3 / Section 2-17-301
2-17-301 Supervision of mailing and copying facilities
Status: in_force

2-17-301 . Supervision of mailing and copying facilities. (1) The department of administration shall maintain and supervise any central mailing, messenger service, and copying facilities for state agencies in the capitol area. The central mailing, messenger service, and copying facilities must be capable of supporting state agencies within a 10-mile radius of the capitol.

(2) Cost records must be maintained, and agencies must be billed for services received.

(3) The department of administration shall plan, review, and approve any additional installations of mail equipment for state agencies within a 10-mile radius of the capitol. In approving the installation of additional equipment or systems, the department shall first consult with and consider the recommendations and advice of the department heads of the various state agencies.
Mont. Code Ann. § 2-18-404 — MT Code / Title 2 / Chapter 18 / Part 4 / Section 2-18-404
2-18-404 Payroll roster -- changes certified by appointing powers
Status: in_force

2-18-404 . Payroll roster -- changes certified by appointing powers. (1) The department of administration shall establish and maintain a payroll roster of all persons employed by every state agency and may establish and maintain a roster of all established positions. The payroll roster must include exempt employees and may include emergency appointees or the equivalent.

(2) Each appointing power shall correctly and promptly certify to the department all changes, modifications, additions, and deletions to the payroll roster in compliance with all applicable merit service, fiscal, and other pertinent laws and rules.

(3) The state central payroll system must disburse or otherwise act in reliance upon all payroll roster certifications and attendance reports certified to the department by the respective appointing powers.
Mont. Code Ann. § 2-9-103 — MT Code / Title 2 / Chapter 9 / Part 1 / Section 2-9-103
2-9-103 Actions under invalid law or rule -- same as if valid -- when
Status: in_force

2-9-103 . Actions under invalid law or rule -- same as if valid -- when. (1) If an officer, agent, or employee of a governmental entity acts in good faith, without malice or corruption, and under the authority of law and that law is subsequently declared invalid as in conflict with the constitution of Montana or the constitution of the United States, that officer, agent, or employee, any other officer, agent, or employee of the represented governmental entity, or the governmental entity is not civilly liable in any action in which the individuals or governmental entity would not have been liable if the law had been valid.

(2) If an officer, agent, or employee of a governmental entity acts in good faith, without malice or corruption, and under the authority of a duly promulgated rule or ordinance and that rule or ordinance is subsequently declared invalid, that officer, agent, or employee, any other officer, agent, or employee of the represented governmental entity, or the governmental entity is not civilly liable in any action in which liability would not attach if the rule or ordinance had been valid.
Mont. Code Ann. § 2-17-532 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-532
2-17-532 Establishment
Status: in_force

2-17-532 . Establishment. (1) The department shall establish and maintain appropriate information technology resources for state agencies for use in access to information and services by citizens, businesses, and other government entities. State agencies shall establish digital access systems that meet minimum technical standards established by the department. Agencies involved in communicating information or providing services to the public shall use these systems to provide appropriate information to the public, including but not limited to:

(a) descriptions of agency functions, including contact information;

(b) agency program services provided to citizens, businesses, and other government entities;

(c) environmental assessments;

(d) rulemaking notices;

(e) board vacancy notices as required by 2-15-201 ;

(f) agency reports mandated by statute;

(g) parks reports required by 23-1-110 ;

(h) requests for bids or proposals; and

(i) public meeting notices and agendas.

(2) The purpose of digital access systems is to encourage the practice of providing for direct citizen, business, and other government entity access to state information technology resources.
Mont. Code Ann. § 2-15-217 — MT Code / Title 2 / Chapter 15 / Part 2 / Section 2-15-217
2-15-217 Office of state director of Indian affairs
Status: in_force

2-15-217 . Office of state director of Indian affairs. (1) There is an office of state director of Indian affairs. The office is allocated to the governor's office for administrative purposes only as prescribed in 2-15-121 .

(2) The state director must be appointed by the governor from a list of five qualified Indian applicants agreed upon by the tribal councils of the respective Indian tribes of the state. The state director shall serve at the pleasure of the governor.

(3) Except as provided in subsection (4), the qualifications for applicants must include but are not limited to:

(a) a bachelor's degree in a relevant public policy field, as determined by the governor;

(b) not less than 3 years experience in a professional administrative capacity; and

(c) demonstrated skills in conducting policy research and obtaining grant funds from federal, state, or private sector sources.

(4) The governor may appoint an applicant agreed upon by the tribal councils as provided in subsection (2) whose skills and experience are commensurate with the qualifications set forth in subsection (3).

(5) The state director of Indian affairs shall carry out the legislative policy set forth in 90-11-101 and perform the duties assigned under 90-11-102 .
Mont. Code Ann. § 2-16-117 — MT Code / Title 2 / Chapter 16 / Part 1 / Section 2-16-117
2-16-117 Office hours
Status: in_force

2-16-117 . Office hours. (1) Unless otherwise provided by law, state executive branch offices must be open for the transaction of business continuously from 8 a.m. until 5 p.m. each day except on Saturdays, Sundays, and the holidays specified in 1-1-216 (1)(a) through (1)(k). State executive branch offices must be open on state general election day. Each office must also be open at other times as the accommodation of the public or the proper transaction of business requires.

(2) The state treasurer may, in the interest of safekeeping funds, securities, and records, close the state treasurer's office from noon to 1 p.m. each day.

(3) The Montana historical society, established in 22-3-101 , may be open for public visitation at hours other than those prescribed in this section, including hours during evenings and weekends.

(4) The department of revenue may establish alternative office hours for its offices located in the various counties if:

(a) the office is staffed by four or fewer full-time employees;

(b) the department holds a public hearing on the alternative office hours in the county seat after providing public notice in a newspaper of general circulation published in the county at least 2 weeks prior to the hearing;

(c) the county commissioners of a county in which the department employees are located in a county building approve the proposed alternative office hours if the alternative hours are outside of the county's normal business hours;

(d) the alternative office hours are adopted by administrative rule; and

(e) the office hours adopted pursuant to subsection (4)(d) are published at least two times a year in a newspaper of general circulation published in the county where the office is located.
Mont. Code Ann. § 2-17-601 — MT Code / Title 2 / Chapter 17 / Part 6 / Section 2-17-601
2-17-601 Statement of purpose -- policy
Status: in_force

2-17-601 . Statement of purpose -- policy. (1) The legislature recognizes that access to affordable, high-speed internet services is critical to the state's economic future and that the planning, development, and delivery of quality internet services should be a coordinated effort among state government, local governments, and private enterprise.

(2) It is the policy of this state to:

(a) recognize that private sector enterprises engaged in the delivery of internet access and related services should have an opportunity to provide those services without undue interference or competition from the state or its political subdivisions; and

(b) encourage agencies and political subdivisions to publicly announce requirements for internet services and negotiate contracts for internet access with private enterprise to ensure that innovative technology is available to serve the public's needs at the most fair and reasonable cost.
Mont. Code Ann. § 2-16-615 — MT Code / Title 2 / Chapter 16 / Part 6 / Section 2-16-615
2-16-615 Filing of recall petitions -- mandamus for refusal
Status: in_force

2-16-615 . Filing of recall petitions -- mandamus for refusal. (1) Recall petitions for elected officers shall be filed with the official who is provided by law to accept the declaration of nomination or petition for nomination for such office. Recall petitions for appointed state officers shall be filed with the secretary of state and for appointed county or municipal officers shall be filed with the county election administrator. Recall petitions for appointed officers from other political subdivisions shall be filed with the county election administrator if the boundaries of the political subdivisions lie wholly within one county or otherwise with the secretary of state.

(2) If the secretary of state, county election administrator or other filing official refuses to accept and file any petition for recall with the proper number of signatures of qualified electors, any elector may within 10 days after such refusal apply to the district court for a writ of mandamus. If it is determined that the petition is sufficient, the district court shall order the petition to be filed with a certified copy of the writ attached thereto, as of the date when it was originally offered for filing. On a showing that any filed petition is not sufficient, the court may enjoin certification, printing, or recall election.

(3) All such suits or appeals therefrom shall be advanced on the court docket and heard and decided by the court as expeditiously as possible.

(4) Any aggrieved party may file an appeal within 10 days after any adverse order or decision as provided by law.
Mont. Code Ann. § 2-18-1205 — MT Code / Title 2 / Chapter 18 / Part 12 / Section 2-18-1205
2-18-1205 Continuation of health insurance and employer contributions
Status: in_force

2-18-1205 . Continuation of health insurance and employer contributions. (1) During the period of unemployment 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, the employee is entitled to remain covered by the state's group health insurance plan and to the continuation of the employer's contribution to the employee's group health insurance for 6 months from the effective date of layoff or until the employee becomes employed, whichever occurs first.

(2) For the purposes of this section, the term "agency" includes the Montana university system.
Mont. Code Ann. § 2-21-103 — MT Code / Title 2 / Chapter 21 / Part 1 / Section 2-21-103
2-21-103 Required disclosures by government entities -- exemption
Status: in_force

2-21-103 . Required disclosures by government entities -- exemption. (1) Except as provided in subsection (2):

(a) if a government entity or state officer publishes material produced by an artificial intelligence system that is not reviewed by a human in an appropriate responsible position, the material must be accompanied by a disclosure that the material was produced by an artificial intelligence system; and

(b) if a government entity or state officer has an interface with the public that uses an artificial intelligence system, the use of the artificial intelligence system in the interface must be disclosed.

(2) A peace officer acting in the peace officer's official capacity to investigate crimes is exempt from a disclosure requirement in subsection (1) when the disclosure may result in:

(a) endangerment of the life or physical safety of an individual;

(b) flight from prosecution;

(c) destruction or tampering with evidence;

(d) intimidation of potential witnesses; or

(e) otherwise seriously jeopardizing an investigation or unduly delaying a trial.
Mont. Code Ann. § 2-15-2016 — MT Code / Title 2 / Chapter 15 / Part 20 / Section 2-15-2016
2-15-2016 Office of victims services
Status: in_force

2-15-2016 . Office of victims services. There is an office of victims services in the department of justice. The office shall ensure that victims and witnesses of crime receive fair and proper treatment in the criminal justice system and that they are provided important services and assistance required by Title 46, chapter 24. The office is under the supervision and control of the attorney general.
Mont. Code Ann. § 2-4-301 — MT Code / Title 2 / Chapter 4 / Part 3 / Section 2-4-301
2-4-301 Authority to adopt not conferred
Status: in_force

2-4-301 . Authority to adopt not conferred. Except as provided in part 2, nothing in this chapter confers authority upon or augments the authority of any state agency to adopt, administer, or enforce any rule.
Mont. Code Ann. § 2-15-3501 — MT Code / Title 2 / Chapter 15 / Part 35 / Section 2-15-3501
2-15-3501 Department of environmental quality -- head
Status: in_force

2-15-3501 . Department of environmental quality -- head. There is a department of environmental quality. The department head is the director of environmental quality appointed by the governor in accordance with 2-15-111 .
Mont. Code Ann. § 2-3-101 — MT Code / Title 2 / Chapter 3 / Part 1 / Section 2-3-101
2-3-101 Legislative intent
Status: in_force

2-3-101 . Legislative intent. The legislature finds and declares pursuant to the mandate of Article II, section 8, of the 1972 Montana constitution that legislative guidelines should be established to secure to the people of Montana their constitutional right to be afforded reasonable opportunity to participate in the operation of governmental agencies prior to the final decision of the agency.
Mont. Code Ann. § 2-17-533 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-533
2-17-533 Responsibilities
Status: in_force

2-17-533 . Responsibilities. (1) The department shall:

(a) establish policies, framework, controls, standards, procedures, and guidelines for the digital access systems;

(b) establish appropriate services to support state agencies' use of the digital access systems; and

(c) develop user-friendly systems for entities regularly interacting with state government, including but not limited to citizens, businesses, and other government entities, and promote the systems' use to reduce costs for state government and as a means to obtain information and services faster and in a more cost-effective manner.

(2) The department shall provide security to protect the integrity of its digital access systems.

(3) Each department is responsible for ensuring the integrity and appropriateness of the information that it places in the digital access systems.

(4) The department shall provide for an equitable method for recovering the cost of operating the digital access systems that the department provides.
Mont. Code Ann. § 2-18-504 — MT Code / Title 2 / Chapter 18 / Part 5 / Section 2-18-504
2-18-504 Mileage computed by shortest traveled route
Status: in_force

2-18-504 . Mileage computed by shortest traveled route. Wherever mileage is allowed to any sheriff or other officer, juror, witness, or other person under any law of Montana, the same shall be computed according to the shortest traveled route, when such shortest route is passable.
Mont. Code Ann. § 2-10-203 — MT Code / Title 2 / Chapter 10 / Part 2 / Section 2-10-203
2-10-203 Definitions
Status: in_force

2-10-203 . Definitions. As used in this part, the following definitions apply:

(1) "Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including but not limited to content, decisions, predictions, and recommendations that can influence physical or virtual environments.

(2) "Compelling government interest" means a government interest of the highest order in protecting the public that cannot be achieved through less restrictive means. This includes but is not limited to:

(a) ensuring that a critical infrastructure facility controlled by an artificial intelligence system develops a risk management policy;

(b) addressing conduct that deceives or defrauds the public;

(c) protecting individuals, especially minors, from harm by a person who distributes deepfakes and other harmful synthetic content with actual knowledge of the nature of that material; and

(d) taking actions that prevent or abate common law nuisances created by physical datacenter infrastructure.

(3) "Computational resources" means any tools, technologies, systems, or infrastructure, whether digital, analog, existing, or some other form, that facilitate any form of computation, data processing, storage, transmission, manipulation, control, creation, dissemination, or use of information and data. This includes but is not limited to hardware, software, algorithms, sensors, networks, protocols, platforms, services, systems, cryptography, machine learning, or quantum applications.

(4) (a) "Critical artificial intelligence" means an artificial intelligence system that is designed and deployed to make, or is a substantial factor in making, a consequential decision.

(b) The term does not include:

(i) an artificial intelligence system that is intended to:

(A) perform a narrow procedural task;

(B) improve the result of a previously completed human activity;

(C) perform a preparatory task to an assessment relevant to a consequential decision; or

(D) detect a decision-making pattern or a deviation from a preexisting decision-making pattern;

(ii) antifraud, antimalware, antivirus, calculator, cybersecurity, database, data storage, firewall, internet domain registration, internet-website loading, networking, robocall-filtering, spam-filtering, spell-checking, spreadsheet, web-caching, web-hosting, or search engine technologies or similar technologies; or

(iii) a technology that communicates in natural language for the purpose of providing users with information, makes referrals or recommendations, answers questions, or generates other content and that is subject to an acceptable use policy that prohibits the generation of unlawful content.

(5) "Critical infrastructure facility" has the same meaning as provided in 82-1-601 .

(6) "Deployer" means an individual, company, or other organization that utilizes an artificial intelligence system.

(7) "Government actions" means any law, ordinance, regulation, rule, policy, condition, test, permit, or administrative practice enacted by a government entity that restricts the common or intended use of computational resources by its owner or invitees.

(8) "Government entity" means any unit of state government, including the state, counties, cities, towns, or political subdivisions, and any branch, department, division, office, or government entity of state or local government.
Mont. Code Ann. § 2-9-801 — MT Code / Title 2 / Chapter 9 / Part 8 / Section 2-9-801
2-9-801 Application to commission and commission-manager forms of government
Status: in_force

2-9-801 . Application to commission and commission-manager forms of government. This part applies to the bonding of all elected or appointed officers and employees under the commission form of city government and to the commission-manager form of city government.
Mont. Code Ann. § 2-15-3318 — MT Code / Title 2 / Chapter 15 / Part 33 / Section 2-15-3318
2-15-3318 Terminated
Status: in_force

2-15-3318 . Terminated. Sec. 15, Ch. 456, L. 1999.
Mont. Code Ann. § 2-15-1761 — MT Code / Title 2 / Chapter 15 / Part 17 / Section 2-15-1761
2-15-1761 Board of architects and landscape architects
Status: in_force

2-15-1761 . Board of architects and landscape architects. (1) In accordance with 37-1-123 , there is a board of architects and landscape architects.

(2) The board consists of six members:

(a) three architects;

(b) two landscape architects; and

(c) one public member.

(3) The board is allocated to the department as prescribed in 2-15-121 .
Mont. Code Ann. § 2-7-104 — MT Code / Title 2 / Chapter 7 / Part 1 / Section 2-7-104
2-7-104 Revenue studies -- report to governor and legislature
Status: in_force

2-7-104 . Revenue studies -- report to governor and legislature. The director of revenue shall study fiscal problems and tax structures of state and local governments and submit the studies to the governor and to the legislature in accordance with 5-11-210 .
Mont. Code Ann. § 2-15-2001 — MT Code / Title 2 / Chapter 15 / Part 20 / Section 2-15-2001
2-15-2001 Department of justice -- head
Status: in_force

2-15-2001 . Department of justice -- head. There is a department of justice. The department head is the attorney general.
Mont. Code Ann. § 2-15-2602 — MT Code / Title 2 / Chapter 15 / Part 26 / Section 2-15-2602
2-15-2602 Public service commission -- composition
Status: in_force

2-15-2602 . Public service commission -- composition. (1) There is a public service commission as provided in Title 69, chapter 1, part 1.

(2) The composition, method of selection, and terms of office of members of the commission are as prescribed in Title 69, chapter 1, part 1.
Mont. Code Ann. § 2-17-506 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-506
2-17-506 Definitions
Status: in_force

2-17-506 . Definitions. In this part, unless the context requires otherwise, the following definitions apply:

(1) "Board" means the information technology board established in 2-15-1021 .

(2) "Chief data privacy officer" means a person appointed by the department to serve as chief data policy advisor to the director of the department on privacy protection issues, including the implementation of data privacy protections, compliance with federal laws, regulations, and policies relating to data privacy, management of data privacy risks at the department, and development and evaluation of legislative, regulatory, and other policy proposals.

(3) "Chief information officer" means a person appointed by the director of the department to carry out the duties and responsibilities of the department relating to information technology.

(4) "Commercial off-the-shelf information technology resources" means commercially available information technology resources that are ready-made, are primarily configurable, and can be adapted after purchase to meet the needs of the state.

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

(6) "Department" means the department of administration established in 2-15-1001 .

(7) "Digital" means electronic data and the information technology resources used to store, retrieve, and send data.

(8) "Digital access system" means a system capable of making data accessible by means of an information technology resource.

(9) "Information technology resource" means any hardware, software, and associated services, including state and third-party platforms, networks, systems, or facilities, used to store or transmit information in any form.

(10) "Long-range information technology capital project" means a discrete long-range information technology system or application, including the replacement or upgrade to existing systems.

(11) "State agency" means any entity of the executive branch, including the university system.

(12) "State telecommunications network" means information technology resources administered by the department for the transmission of voice, video, or electronic data from one device to another.
Mont. Code Ann. § 2-18-1203 — MT Code / Title 2 / Chapter 18 / Part 12 / Section 2-18-1203
2-18-1203 General protection
Status: in_force

2-18-1203 . General protection. (1) 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 is entitled to:

(a) access to any job retraining and career development programs provided by the state through the service delivery areas dislocated worker programs under the Workforce Innovation and Opportunity Act, 29 U.S.C. 3101, et seq., provided that the employee begins participating in a program within 1 year after the elimination of the employee's position; and

(b) inclusion in a special job register from which all agencies may attempt to hire employees prior to seeking applications from the general public. Nothing in this section requires an agency to attempt to hire employees from the special job register prior to seeking applications from the general public. An employee's eligibility to participate in the job register terminates 2 years from the effective date of the employee's layoff or 2 years from the date of the employee's completion of job training provided under subsection (1)(a), whichever is later.

(2) Each state agency shall pay to the department of labor and industry a set amount that is equal to the department's average cost of providing the retraining and development services for state employees in the previous fiscal year for each involuntarily terminated state employee who requests access to any job training and career development program provided by the department.
Mont. Code Ann. § 2-7-523 — MT Code / Title 2 / Chapter 7 / Part 5 / Section 2-7-523
2-7-523 Cause of action -- failure to file reports and audits or resolve findings
Status: in_force

2-7-523 . Cause of action -- failure to file reports and audits or resolve findings. (1) If a local government entity fails to file an annual financial report with the department as required by 2-7-503 (1), to complete and submit an audit or financial review to the department as required by 2-7-503 (3), or to resolve significant audit findings or implement corrective measures as required by 2-7-515 (3) within 2 years of the applicable deadlines, a person identified in subsection (2) of this section who has received a written determination from the department under 2-7-524 (3)(c) or (4)(b) may bring a cause of action against the local government entity for failure to comply with the local government entity's fiduciary requirements.

(2) The following parties may bring a cause of action under the provisions of subsection (1):

(a) any person who pays property taxes to the local government entity;

(b) any elected officer of any local taxing jurisdiction that collects revenue from or distributes revenue to the local government entity;

(c) any person residing within the jurisdictional boundaries of the local government entity who can demonstrate a specific personal and legal interest, as distinguished from a general interest, and has been or is likely to be specially and injuriously affected by the local government entity's failure to meet the requirements as set forth in subsection (1).

(3) The cause of action must be filed in the district court in the county where the local government entity is located.

(4) In addition to any other penalty provided by law, the court may grant relief that it considers appropriate, including but not limited to providing declaratory relief, appointing a financial receiver for the local government entity, or compelling a mandatory duty required under this part that is imposed on a state or local government officer or local government entity. If a party identified in subsection (2) prevails in an action brought under this section, that party must be awarded costs and reasonable attorney fees.
Mont. Code Ann. § 2-9-525 — MT Code / Title 2 / Chapter 9 / Part 5 / Section 2-9-525
2-9-525 Liability of sureties when new bond is given
Status: in_force

2-9-525 . Liability of sureties when new bond is given. In case a new or additional undertaking be filed, the sureties on the original undertaking not asking to be released and on the new or additional bond or undertaking shall be and continue liable for the official acts of such officer or person, jointly and severally, the same as if all were sureties on one and the same instrument. This shall not be deemed to provide retroactive liability on the new surety.
Mont. Code Ann. § 2-15-150 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-150
2-15-150 Terminated
Status: in_force

2-15-150 . Terminated. Sec. 2, Ch. 428, L. 1997.
Mont. Code Ann. § 2-15-405 — MT Code / Title 2 / Chapter 15 / Part 4 / Section 2-15-405
2-15-405 Fees charged by secretary of state -- deposit to account -- rulemaking
Status: in_force

2-15-405 . Fees charged by secretary of state -- deposit to account -- rulemaking. (1) The secretary of state shall, for fees charged by the secretary of state, set by administrative rule each fee authorized by law.

(2) Unless otherwise specified by law, fees:

(a) must be commensurate with the overall costs of the office of the secretary of state; and

(b) must reasonably reflect the prevailing rates charged in the public and private sectors for similar services.

(3) The secretary of state shall maintain records sufficient to support the fees established pursuant to this section.

(4) Except as otherwise provided by law, fees collected by the secretary of state must be deposited to an account in the enterprise fund type to the credit of the secretary of state. All income and interest earned on money in the account must be credited to the account.
Mont. Code Ann. § 2-15-2021 — MT Code / Title 2 / Chapter 15 / Part 20 / Section 2-15-2021
2-15-2021 Gaming advisory council -- allocation -- composition -- compensation -- biennial report
Status: in_force

2-15-2021 . Gaming advisory council -- allocation -- composition -- compensation -- biennial report. (1) There is a gaming advisory council.

(2) The gaming advisory council is allocated to the department for administrative purposes only as prescribed in 2-15-121 .

(3) The gaming advisory council consists of nine members. One member must be from the senate, and one member must be from the house of representatives. The senate committee on committees and the speaker of the house of representatives shall appoint the legislative members of the council. The seven remaining members must be appointed by the department, with one representing the public at large, two representing local governments, one being a Native American, and three representing the gaming industry.

(4) Each gaming advisory council member is appointed to a 3-year term of office. A member of the council may be removed for good cause by the appointing body provided for in subsection (3).

(5) The gaming advisory council shall appoint a presiding officer from its members.

(6) Members of the gaming advisory council are entitled to travel, meals, and lodging expenses as provided for in 2-18-501 through 2-18-503 . A member who is not a full-time salaried officer or employee of the state or of a political subdivision of the state is also entitled to be paid $25 for each day during which the member is actually and necessarily engaged in the performance of council duties. Expenses of the council must be paid from licensing fees received by the department.

(7) The gaming advisory council shall, within its authorized budget, hold meetings and incur expenses as it considers necessary to study all aspects of gambling in the state.

(8) (a) The gaming advisory council shall submit a biennial report to the department, at a time designated by the department, with recommendations for amendments to the gambling statutes, the need for additional or modified department rules, the clarification of existing rules, and other recommendations on the operation of the department or any other gambling-related matter.

(b) The biennial report required under subsection (8)(a) must be affixed to the report on gambling in the state that the department submits that year.

(c) The council may submit interim reports to the department as the council considers necessary.

(d) The council shall meet with the department upon request of the department.

(e) The department shall meet with the council upon request of the council.

(9) The department shall give each council member notice and a copy of each proposed change in administrative rules relating to gambling. The notice and copy must be given at the time a notice of proposed rules changes is filed with the secretary of state. The council shall review the proposal, may comment on it, and may attend any hearing on the proposal. The department shall consider any comment by any council member or by the council as a whole prior to adopting the proposed change.
Mont. Code Ann. § 2-4-202 — MT Code / Title 2 / Chapter 4 / Part 2 / Section 2-4-202
2-4-202 Model rules
Status: in_force

2-4-202 . Model rules. (1) The secretary of state shall prepare a model form for a rule describing the organization of agencies and model rules of practice for agencies to use as a guide for the rulemaking process and in fulfilling the requirements of 2-4-201 . The attorney general shall prepare model rules of practice for agencies to use as a guide for contested case hearings and declaratory rulings. The secretary of state and attorney general shall add to, amend, or revise the model rules from time to time as necessary for the proper guidance of agencies.

(2) The model rules and additions, amendments, or revisions to the model rules must be appropriate for the use of as many agencies as is practicable and must be filed with the secretary of state and provided to any agency upon request. The adoption by an agency of all or part of the model rules does not relieve the agency from following the rulemaking procedures required by this chapter.
Mont. Code Ann. § 2-3-221 — MT Code / Title 2 / Chapter 3 / Part 2 / Section 2-3-221
2-3-221 Costs to prevailing party in certain actions to enforce constitutional right to know
Status: in_force

2-3-221 . Costs to prevailing party in certain actions to enforce constitutional right to know. 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 may be awarded costs and reasonable attorney fees.
Mont. Code Ann. § 2-15-1521 — MT Code / Title 2 / Chapter 15 / Part 15 / Section 2-15-1521
2-15-1521 Cultural and aesthetic projects advisory committee
Status: in_force

2-15-1521 . Cultural and aesthetic projects advisory committee. (1) There is a cultural and aesthetic projects advisory committee.

(2) The committee consists of 16 members, appointed as follows:

(a) eight members appointed by the Montana historical society board of trustees; and

(b) eight members appointed by the Montana arts council.

(3) Members serve terms of 4 years beginning January 1 following their appointment.

(4) A member may be removed by the appointing authority.

(5) All vacancies must be filled by the original appointing authority.

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

(7) Members of the committee are entitled to compensation of $25 a day and travel expenses, as provided for in 2-18-501 through 2-18-503 , for each day in attendance at a committee meeting.
Mont. Code Ann. § 2-17-112 — MT Code / Title 2 / Chapter 17 / Part 1 / Section 2-17-112
2-17-112 Fire protection for state-owned buildings -- department of administration
Status: in_force

2-17-112 . Fire protection for state-owned buildings -- department of administration. The department of administration shall obtain information necessary to prepare a budget for each biennium for fire protection services for state-owned buildings that present particular firefighting and hazardous materials storage problems. In preparing the budget, the state may consider providing protection directly or contracting for protection with a local fire service and making payments to local governments for fire services provided to state agencies, all of which are subject to appropriation by the legislature.
Mont. Code Ann. § 2-8-113 — MT Code / Title 2 / Chapter 8 / Part 1 / Section 2-8-113
2-8-113 Hearings by standing committee -- criteria for termination
Status: in_force

2-8-113 . Hearings by standing committee -- criteria for termination. (1) Prior to termination of an agency or program, the appropriate standing committee in each house of the legislature or a joint committee of both houses composed of members of the standing committee assigned to conduct the hearing shall hold a public hearing, receiving testimony from the public and the head of the department to which the agency or program involved is attached, the head of the agency involved, and persons who conducted the review.

(2) In the event termination of an agency or program is recommended by the legislative audit committee, the agency involved in the termination has the burden of demonstrating a public need for the agency's or program's continued existence and the extent to which a change in the composition, structure, and operation of the agency or program would improve public health, safety, or welfare.

(3) In determining whether to reestablish an agency or program, the legislature shall consider the performance audit and review conducted by the legislative audit committee, public testimony, and other matters considered relevant by the committee.
Mont. Code Ann. § 2-4-405 — MT Code / Title 2 / Chapter 4 / Part 4 / Section 2-4-405
2-4-405 Economic impact statement
Status: in_force

2-4-405 . Economic impact statement. (1) Subject to 2-4-112 , on written request of the appropriate administrative rule review committee based upon the affirmative request of a majority of the members of the committee at an open meeting, an agency shall prepare a statement of the economic impact of the adoption, amendment, or repeal of a rule as proposed. The agency shall also prepare a statement upon receipt by the agency or the committee of a written request for a statement made by at least 15 legislators. If the request is received by the committee, the committee shall give the agency a copy of the request, and if the request is received by the agency, the agency shall give the committee a copy of the request. As an alternative, the committee may, by contract, prepare the estimate.

(2) Except to the extent that the request expressly waives any one or more of the following, the requested statement must include and the statement prepared by the committee may include:

(a) a description of the classes of persons who will be affected by the proposed rule, including classes that will bear the costs of the proposed rule and classes that will benefit from the proposed rule;

(b) a description of the probable economic impact of the proposed rule upon affected classes of persons, including but not limited to providers of services under contracts with the state and affected small businesses, and quantifying, to the extent practicable, that impact;

(c) the probable costs to the agency and to any other agency of the implementation and enforcement of the proposed rule and any anticipated effect on state revenue;

(d) an analysis comparing the costs and benefits of the proposed rule to the costs and benefits of inaction;

(e) an analysis that determines whether there are less costly or less intrusive methods for achieving the purpose of the proposed rule;

(f) an analysis of any alternative methods for achieving the purpose of the proposed rule that were seriously considered by the agency and the reasons why they were rejected in favor of the proposed rule;

(g) a determination as to whether the proposed rule represents an efficient allocation of public and private resources; and

(h) a quantification or description of the data upon which subsections (2)(a) through (2)(g) are based and an explanation of how the data was gathered.

(3) A request to an agency for a statement or a decision to contract for the preparation of a statement must be made prior to the final agency action on the rule. The statement must be filed with the appropriate administrative rule review committee within 3 months of the request or decision. A request or decision for an economic impact statement may be withdrawn at any time.

(4) Subject to 2-4-112 , on receipt of an impact statement, the committee shall determine the sufficiency of the statement. If the committee determines that the statement is insufficient, the committee may return it to the agency or other person who prepared the statement and request that corrections or amendments be made. If the committee determines that the statement is sufficient, a notice, including a summary of the statement and indicating where a copy of the statement may be obtained, must be filed with the secretary of state for publication in the register by the agency preparing the statement or by the committee, if the statement is prepared under contract by the committee, and must be mailed to persons who have registered advance notice of the agency's rulemaking proceedings.

(5) This section does not apply to rulemaking pursuant to 2-4-303 .

(6) The final adoption, amendment, or repeal of a rule is not subject to challenge in any court as a result of the inaccuracy or inadequacy of a statement required under this section.

(7) An environmental impact statement prepared pursuant to 75-1-201 that includes an analysis of the factors listed in this section satisfies the provisions of this section.
Mont. Code Ann. § 2-15-237 — MT Code / Title 2 / Chapter 15 / Part 2 / Section 2-15-237
2-15-237 Purpose
Status: in_force

2-15-237 . Purpose. (1) The purpose of the treasure state living cultural treasures program is to preserve the historical traditions and culture of Montana by honoring those who actively practice and preserve the skills and knowledge of Montana's culture. The program is intended to honor those who have devoted their energies to carrying forward the skills of the past and preserving the traditions and, in doing so, exemplify the vitality, variety, and excellence of Montana's culture. Montana and the surrounding region have a unique western culture that has developed from living in a sometimes harsh and always variable climate and from creating beauty and recreation from the tasks of ordinary life.

(2) Montana culture includes the forms in which the common culture of Montana manifests itself, such as in traditional music, arts and crafts, survival skills, cooking, occupational skills, storytelling, ritual and custom, and a myriad of Montana cultural and traditional artistic expressions. The most important elements of Montana's history and culture have been passed on through the generations by Montanans who pursue traditional occupations and create beauty in their everyday life.

(3) Montana's culture is a blend of native, ethnic, racial, occupational, and regional traditions that sometimes coexist and sometimes blend, including traditionally masculine and feminine domains that together create a many-faceted culture within the state.
Mont. Code Ann. § 2-15-2216 — MT Code / Title 2 / Chapter 15 / Part 22 / Section 2-15-2216
2-15-2216 Trauma care committee
Status: in_force

2-15-2216 . Trauma care committee. (1) There is a trauma care committee.

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

(a) a member of the Montana committee on trauma of the American college of surgeons, who shall serve as presiding officer of the committee;

(b) two members from each regional trauma care advisory committee created pursuant to 50-6-411 ;

(c) a member of the Montana trauma coordinators;

(d) a representative of the Montana hospital association;

(e) a member of the Montana medical association;

(f) a member of the emergency nurses association;

(g) an individual who is or who is employed by a Montana private ambulance operator;

(h) a member of the Montana emergency medical services association;

(i) a nurse or physician representing the Indian health service; and

(j) a member of the American college of emergency physicians, Montana chapter.

(3) Members must be appointed for 4-year terms, except that seven of the members initially appointed shall serve terms of 2 years. Members serve at the pleasure of the governor. If a vacancy occurs, the governor shall appoint a replacement to fill the unexpired term. A member may be reappointed.

(4) A member of the committee may not receive compensation for performing the member's duties but must be reimbursed for expenses.

(5) The committee is attached to the department of public health and human services for administrative purposes only as provided in 2-15-121 .

(6) The committee has the duties provided in 50-6-404 .
Mont. Code Ann. § 2-2-112 — MT Code / Title 2 / Chapter 2 / Part 1 / Section 2-2-112
2-2-112 Ethical requirements for legislators
Status: in_force

2-2-112 . Ethical requirements for legislators. (1) The requirements in this section are intended as rules for legislator conduct, and violations constitute a breach of the public trust of legislative office.

(2) A legislator has a responsibility to the legislator's constituents to participate in all matters as required in the rules of the legislature. A legislator concerned with the possibility of a conflict may briefly present the facts to the committee of that house that is assigned the determination of ethical issues. The committee shall advise the legislator as to whether the legislator should disclose the interest prior to voting on the issue pursuant to the provisions of subsection (5). The legislator may, subject to legislative rule, vote on an issue on which the legislator has a conflict, after disclosing the interest.

(3) When a legislator is required to take official action on a legislative matter as to which the legislator has a conflict created by a personal or private interest that would directly give rise to an appearance of impropriety as to the legislator's influence, benefit, or detriment in regard to the legislative matter, the legislator shall disclose the interest creating the conflict prior to participating in the official action, as provided in subsections (2) and (5) and the rules of the legislature. In making a decision, the legislator shall consider:

(a) whether the conflict impedes the legislator's independence of judgment;

(b) the effect of the legislator's participation on public confidence in the integrity of the legislature;

(c) whether the legislator's participation is likely to have any significant effect on the disposition of the matter; and

(d) whether a pecuniary interest is involved or whether a potential occupational, personal, or family benefit could arise from the legislator's participation.

(4) A conflict situation does not arise from legislation or legislative duties affecting the membership of a profession, occupation, or class.

(5) A legislator shall disclose an interest creating a conflict, as provided in the rules of the legislature. A legislator who is a member of a profession, occupation, or class affected by legislation is not required to disclose an interest unless the class contained in the legislation is so narrow that the vote will have a direct and distinctive personal impact on the legislator. A legislator may seek a determination from the appropriate committee provided for in 2-2-135 .
Mont. Code Ann. § 2-9-904 — MT Code / Title 2 / Chapter 9 / Part 9 / Section 2-9-904
2-9-904 Liability of health care providers
Status: in_force

2-9-904 . (Temporary) Liability of health care providers. A health care provider is not liable for civil damages for causing or contributing, directly or indirectly, to the death or injury of an individual as a result of the health care provider's acts or omissions while providing or arranging health care in support of the response to covid-19 unless the health care provider caused the death or injury of an individual through an act or omission that constitutes gross negligence, willful and wanton misconduct, or an intentional tort. This section applies to:

(1) injury or death resulting from screening, assessing, diagnosing, caring for, or treating individuals with a suspected or confirmed case of covid-19;

(2) prescribing, administering, or dispensing a pharmaceutical for off-label use to treat a patient with a suspected or confirmed case of covid-19; or

(3) acts or omissions while providing health care to individuals with a condition unrelated to covid-19 when those acts or omissions support the response to covid-19, including the following:

(a) delaying or canceling nonurgent or elective dental, medical, or surgical procedures or altering the diagnosis or treatment of an individual in response to a federal or state statute, regulation, order, or public health guidance;

(b) diagnosing or treating patients outside the normal scope of the health care provider's license or practice;

(c) using medical devices, equipment, or supplies outside of their normal use for the provision of health care, including using or modifying medical devices, equipment, or supplies for an unapproved use;

(d) conducting tests or providing treatment to an individual outside the premises of a health care facility;

(e) acts or omissions undertaken by a health care provider because of a lack of staffing, facilities, medical devices, equipment, supplies, or other resources attributable to covid-19 that renders the health care provider unable to provide the level or manner of care to a person that otherwise would have been required in the absence of covid-19; or

(f) acts or omissions undertaken by a health care provider relating to the use or nonuse of personal protective equipment. (Terminates December 31, 2031--sec. 12, Ch. 516, L. 2021.)
Mont. Code Ann. § 2-15-2008 — MT Code / Title 2 / Chapter 15 / Part 20 / Section 2-15-2008
2-15-2008 Board of crime control -- composition -- allocation
Status: in_force

2-15-2008 . Board of crime control -- composition -- allocation. (1) There is a board of crime control.

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

(3) (a) The board is composed of 18 members appointed by the governor in accordance with 2-15-124 and any special requirements of Title I of the Omnibus Crime Control and Safe Streets Act, as amended. The board must be representative of state and local law enforcement and criminal justice agencies, including agencies directly related to the prevention and control of juvenile delinquency, units of general local government, and public agencies maintaining programs to reduce and control crime and must include representatives of citizens and professional and community organizations, including organizations directly related to delinquency prevention.

(b) One member must represent organizations that provide services and support to crime victims.
Mont. Code Ann. § 2-6-1033 — MT Code / Title 2 / Chapter 6 / Part 10 / Section 2-6-1033
2-6-1033 Quarterly report on demands to resolve claims
Status: in_force

2-6-1033 . Quarterly report on demands to resolve claims. (1) Each governmental entity shall submit a quarterly report to the legislative fiscal division disclosing all civil claims or complaints, including the identity of the court or entity of the state where the complaint is filed, received by or for which service of process has been perfected with initial demands seeking $10,000 or more in monetary compensation, exclusive of initial demands made in mediations or settlement conferences in which court rules or orders preclude disclosure of demands.

(2) The provisions of this section do not apply to an employee or official in the judicial branch.

(3) Claims for injunctive relief need not be reported as claims seeking monetary compensation.

(4) Demands deemed to be frivolous by governmental entities need not be reported under this section, and judicial review is not available to challenge any such determination made by a governmental entity. If a governmental entity does not disclose a claim or complaint in a quarterly report because the claim is deemed to be frivolous, the governmental entity shall disclose the number of claims or complaints not disclosed under the exemption in this subsection.
Mont. Code Ann. § 2-15-2028 — MT Code / Title 2 / Chapter 15 / Part 20 / Section 2-15-2028
2-15-2028 Terminated
Status: in_force

2-15-2028 . Terminated. Sec. 19, Ch. 566, L. 2021.
Mont. Code Ann. § 2-17-524 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-524
2-17-524 Agency information technology plans -- form and content -- performance reports
Status: in_force

2-17-524 . Agency information technology plans -- form and content -- performance reports. (1) Each agency's information technology plan must include but is not limited to the following:

(a) a statement of the agency's mission, goals, and objectives for information technology, including a discussion of how the agency uses or plans to use information technology to provide mission-critical services to Montana citizens and businesses;

(b) an explanation of how the agency's mission, goals, and objectives for information technology support and conform to the state strategic information technology plan required in 2-17-521 ;

(c) a baseline profile of the agency's current information technology resources and capabilities that:

(i) includes sufficient information to fully support state-level review and approval activities; and

(ii) will serve as the basis for subsequent planning and performance measures;

(d) an evaluation of the baseline profile that identifies real or potential deficiencies or obsolescence of the agency's information technology resources and capabilities;

(e) a list of new technology strategies and resources required to meet the objectives of the agency's information technology plan. The investment required for the new projects and resources must be developed using life-cycle cost analysis, including the initial investment, maintenance, and replacement costs, and must fulfill or support an agency's business requirements.

(f) when feasible, estimated schedules and funding required to implement identified projects; and

(g) any other information required by law or requested by the department, the governor, or the legislature.

(2) Each agency's information technology plan must project activities and costs over a 6-year time period, consisting of the biennium during which the plan is written or updated and the 2 subsequent bienniums.

(3) Each agency shall prepare and submit to the department a biennial performance report that evaluates progress toward the objectives articulated in its information technology plan. The report must include:

(a) an evaluation of the agency's performance relating to information technology;

(b) an assessment of progress made toward implementing the agency information technology plan; and

(c) an inventory of agency information technology resources.

(4) State agencies shall prepare agency information technology plans and biennial performance reports using standards, elements, forms, and formats specified by the department.
Mont. Code Ann. § 2-6-1502 — MT Code / Title 2 / Chapter 6 / Part 15 / Section 2-6-1502
2-6-1502 Protection of personal information -- compliance -- extensions
Status: in_force

2-6-1502 . Protection of personal information -- compliance -- extensions. (1) Each state agency that maintains the personal information of an individual shall develop procedures to protect the personal information while enabling the state agency to use the personal information as necessary for the performance of its duties under federal or state law.

(2) The procedures must include measures to:

(a) eliminate the unnecessary use of personal information;

(b) identify the person or state agency authorized to have access to personal information;

(c) restrict access to personal information by unauthorized persons or state agencies;

(d) identify circumstances in which redaction of personal information is appropriate;

(e) dispose of documents that contain personal information in a manner consistent with other record retention requirements applicable to the state agency;

(f) eliminate the unnecessary storage of personal information on portable devices; and

(g) protect data containing personal information if that data is on a portable device.

(3) Except as provided in subsection (4), each state agency that is created after October 1, 2015, shall complete the requirements of this section within 1 year of its creation.

(4) The chief information officer provided for in 2-17-511 may grant an extension to any state agency subject to the provisions of the Montana Information Technology Act provided for in Title 2, chapter 17, part 5. The chief information officer shall inform the governor, the office of budget and program planning, and the legislative finance committee of all extensions that are granted and of the rationale for granting the extensions. The chief information officer shall maintain written documentation that identifies the terms and conditions of each extension and the rationale for the extension.
Mont. Code Ann. § 2-17-114 — MT Code / Title 2 / Chapter 17 / Part 1 / Section 2-17-114
2-17-114 Reservation of space for legislature -- legislative council duties
Status: in_force

2-17-114 . Reservation of space for legislature -- legislative council duties. (1) The legislative space on the capitol complex includes:

(a) in the state capitol:

(i) the entire fourth floor, except for common space;

(ii) the entire third floor, including the senate and house chambers, except for common space;

(iii) the entire first floor, except for the post office space and common space; and

(iv) the entire basement level, except for agency storage space, media space, and common space.

(b) the entire old board of health building located at 1301 Lockey avenue;

(c) additional buildings that may be acquired or constructed for the use of the legislative branch; and

(d) the allocated legislative parking area as provided for in 2-17-108 .

(2) (a) Except as provided in 2-17-101 (3), 2-17-108 , and subsection (2)(b) of this section, the legislative council shall exercise control over the legislative space except for the following:

(i) the capitol complex advisory council and the department responsibilities for the legislative space as provided for in Title 2, chapter 17, part 8; and

(ii) department control of:

(A) central utility functions, including but not limited to mechanical and electronic functions and the electric core of the capitol and the legislative space;

(B) the state telecommunications network;

(C) custodial care, maintenance, and security pursuant to 2-17-811 for the legislative space; and

(D) network infrastructure.

(b) Except as provided for in 2-17-108 , legislative council, with consultation of the legislative audit committee and the legislative finance committee, shall exercise control over the:

(i) long-range legislative branch capital development plan;

(ii) allocation of legislative space;

(iii) remodeling, alteration, or improvement of legislative space as provided for in 2-17-811 ;

(iv) purchase, lease, or construction of legislative space; and

(v) allocation of legislative parking area space as provided in 2-17-108 .
Mont. Code Ann. § 2-15-401 — MT Code / Title 2 / Chapter 15 / Part 4 / Section 2-15-401
2-15-401 Duties of secretary of state -- authority
Status: in_force

2-15-401 . Duties of secretary of state -- authority. (1) In addition to the duties prescribed by the constitution, the secretary of state shall:

(a) attend at every session of the legislature for the purpose of receiving bills and resolutions and to perform other duties as may be devolved on the secretary of state by resolution of the two houses or either of them;

(b) keep a register of and attest the official acts of the governor, including all appointments made by the governor, with date of commission and names of appointees and predecessors;

(c) affix the great seal, with the secretary of state's attestation, to commissions, pardons, and other public instruments to which the official signature of the governor is required;

(d) record in proper books all articles of incorporation filed in the secretary of state's office;

(e) take and file receipts for all books distributed by the secretary of state and direct the county clerk of each county to take and file receipts for all books distributed by the county clerk;

(f) certify to the governor the names of those persons who have received at any election the highest number of votes for any office, the incumbent of which is commissioned by the governor;

(g) furnish, on demand, to any person paying the fees, a certified copy of all or any part of any law, record, or other instrument filed, deposited, or recorded in the secretary of state's office;

(h) keep a fee book in which must be entered all fees, commissions, and compensation earned, collected, or charged, with the date, name of payer, paid or unpaid, and the nature of the service in each case, which must be verified annually by the secretary of state's affidavit entered in the fee book;

(i) file in the secretary of state's office descriptions of seals in use by the different state officers;

(j) discharge the duties of a member of the board of examiners and of the board of land commissioners and all other duties required by law;

(k) register marks as provided in Title 30, chapter 13, part 3;

(l) report to the legislature in accordance with 5-11-210 all watercourse name changes received pursuant to 85-2-134 for publication in the Laws of Montana;

(m) keep a register of all applications for pardon or for commutation of any sentence, with a list of the official signatures and recommendations in favor of each application;

(n) establish and maintain a central filing system that complies with the requirements of a central filing system pursuant to 7 U.S.C. 1631 and use the information in the central filing system for the purposes of 7 U.S.C. 1631.

(2) The secretary of state may:

(a) develop and implement a statewide electronic filing system as described in 2-15-404 ; and

(b) adopt rules for the effective administration of the secretary of state's duties relating to the Montana Administrative Procedure Act established in Title 2, chapter 4.

(3) (a) Except for a cooperative organized and incorporated to do business under Title 35, chapter 15, 16, 17, or 18, or filed under 30-10-105 , the secretary of state may not accept a filing from a person using the term "cooperative" or a derivative of the term "cooperative" to register:

(i) an assumed business name pursuant to 30-13-202 ;

(ii) a nonprofit corporation pursuant to 35-2-119 ;

(iii) a limited liability corporation pursuant to 35-8-205 ;

(iv) a partnership pursuant to 35-10-113 ;

(v) a limited partnership pursuant to 35-12-511 ; or

(vi) a corporation pursuant to 35-14-120 .

(b) A person using the term "cooperative" to register with the secretary of state in violation of subsection (3)(a) shall be fined not less than $50 or more than $1,000.

(4) Subsection (3) does not apply to an entity formed prior to October 1, 2023, or any out-of-state cooperative required to register in accordance with 35-14-1503 .
Mont. Code Ann. § 2-10-105 — MT Code / Title 2 / Chapter 10 / Part 1 / Section 2-10-105
2-10-105 Impact assessment
Status: in_force

2-10-105 . Impact assessment. (1) Each state agency shall assign a qualified person or persons in the state agency the duty and authority to ensure that the state agency complies with this part. Each state agency action with taking or damaging implications must be submitted to that person or persons for review and completion of an impact assessment. The state agency may not take the action unless the review and impact assessment have been completed, except that the action with taking or damaging implications may be taken before the review and impact assessment are completed if necessary to avoid an immediate threat to public health or safety.

(2) Using the attorney general's guidelines and checklist, the person shall prepare a taking or damaging impact assessment for each state agency action with taking or damaging implications that includes an analysis of at least the following:

(a) the likelihood that a state or federal court would hold that the action is a taking or damaging;

(b) alternatives to the action that would fulfill the agency's statutory obligations and at the same time reduce the risk for a taking or damaging; and

(c) the estimated cost of any financial compensation by the state agency to one or more persons that might be caused by the action and the source for payment of the compensation.

(3) A copy of the impact assessment for a proposed action with taking or damaging implications must be given to the governor before the action is taken, except that an action to avoid an immediate threat to public health or safety may be taken before the impact assessment is completed and the assessment may be reported to the governor after the action is taken.
Mont. Code Ann. § 2-17-103 — MT Code / Title 2 / Chapter 17 / Part 1 / Section 2-17-103
2-17-103 Press room
Status: in_force

2-17-103 . Press room. The department of administration may provide space in the capitol for the use of representatives of the press.
Mont. Code Ann. § 2-17-516 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-516
2-17-516 Exemptions -- department of justice -- secretary of state -- university system -- state auditor -- office of public instruction -- national guard
Status: in_force

2-17-516 . Exemptions -- department of justice -- secretary of state -- university system -- state auditor -- office of public instruction -- national guard. (1) Unless the proposed activities would detrimentally affect the operation of any information technology resource or the state telecommunications network, the office of public instruction, the office of the state auditor, and the secretary of state are exempt from 2-17-512 (1)(k) and (1)(l).

(2) Unless the proposed activities would detrimentally affect the operation of any information technology resource or the state telecommunications network, the department of justice and the university system are exempt from:

(a) the enforcement provisions of 2-17-512 (1)(d) and (1)(e) and 2-17-514 ;

(b) the approval provisions of 2-17-512 (1)(f), 2-17-523 , and 2-17-527 ;

(c) the budget approval provisions of 2-17-512 (1)(g); and

(d) the provisions of 2-17-512 (1)(k) and (1)(l).

(3) The department of justice, the secretary of state, the university system, the office of the state auditor, and the office of public instruction shall notify the department of proposed activities by using the department's approved process, and the department shall determine if any information technology resource or the state telecommunications network would be detrimentally affected by the proposed activity.

(4) (a) For purposes of this section, a proposed activity affects the operation of any information technology resource or the state telecommunications network if it detrimentally affects the processing workload, reliability, cost of providing service, or support service requirements of any information technology resource or the state telecommunications network or fails to meet the minimum security policies and standards set by the department.

(b) Potential loss of revenue from fees paid by the department of justice, the secretary of state, the university system, the office of the state auditor, or the office of public instruction for not utilizing services offered by the department are not considered a detrimental effect to any information technology resource or the state telecommunications network. If the department of justice, the secretary of state, the university system, the office of the state auditor, or the office of public instruction does not utilize a service program after the department's rate was set for the biennium, the agency shall continue to pay any fees associated with the service or program for the remainder of the biennium.

(5) When reviewing proposed activities of the university system, the department shall consider and make reasonable allowances for the unique educational needs and characteristics and the welfare of the university system as determined by the board of regents.

(6) When reviewing proposed activities of the office of public instruction, the department shall consider and make reasonable allowances for the unique educational needs and characteristics of the office of public instruction to communicate and share data with school districts.

(7) When reviewing proposed activities of the department of justice or the office of the state auditor, the department shall consider and make reasonable allowances for the unique safety and security needs and characteristics of the department of justice or the office of the state auditor to communicate and share data with federal, state, and local law enforcement entities.

(8) Section 2-17-512 (1)(s) may not be construed to prohibit the university system from accepting federal funds or gifts, grants, or donations related to information technology or telecommunications.

(9) The national guard, as defined in 10-1-101 (3), is exempt from 2-17-512 .
Mont. Code Ann. § 2-10-112 — MT Code / Title 2 / Chapter 10 / Part 1 / Section 2-10-112
2-10-112 Suit to invalidate state agency action
Status: in_force

2-10-112 . Suit to invalidate state agency action. (1) A state agency's adopted action is not valid unless the action was taken in compliance with 2-10-105 . A private property owner affected by a state agency action taken without fulfilling the requirements of 2-10-105 may bring suit for a declaration of invalidity of the action.

(2) A suit under this section must be filed in a court in the county in which the property owner's affected property is located. If the affected property is located in more than one county, the property owner may file suit in any county in which the affected property is located.

(3) The court shall award a property owner who prevails in a suit under this section reasonable and necessary attorney fees and court costs.
Mont. Code Ann. § 2-12-106 — MT Code / Title 2 / Chapter 12 / Part 1 / Section 2-12-106
2-12-106 Fiscal impact
Status: in_force

2-12-106 . Fiscal impact. A department may use only existing resources to implement the provisions of 2-12-101 through 2-12-105 .
Mont. Code Ann. § 2-8-301 — MT Code / Title 2 / Chapter 8 / Part 3 / Section 2-8-301
2-8-301 Definitions
Status: in_force

2-8-301 . Definitions. As used in this part, the following definitions apply:

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

(2) "Private sector" means any entity or individual not principally a part of or associated with a governmental unit that is associated with or involved in commercial activity.

(3) (a) "Privatize" means an agency contracting with the private sector to provide services that are currently or normally conducted directly by the employees of the state.

(b) The term does not include contracting with the private sector to provide services on a temporary or emergency basis.

(4) "Program" means a legislatively or administratively created function, project, or duty of an agency.
Mont. Code Ann. § 2-15-2502 — MT Code / Title 2 / Chapter 15 / Part 25 / Section 2-15-2502
2-15-2502 Transportation commission
Status: in_force

2-15-2502 . Transportation commission. (1) There is a transportation commission composed of five members. One member must be a resident of and appointed from each of these districts, each composed of the counties named:

(a) District 1. Lincoln, Flathead, Sanders, Lake, Mineral, Missoula, Ravalli, Granite, Powell;

(b) District 2. Deer Lodge, Silver Bow, Beaverhead, Madison, Gallatin, Meagher, Broadwater, Jefferson, Park;

(c) District 3. Glacier, Toole, Liberty, Hill, Blaine, Pondera, Teton, Chouteau, Cascade, Lewis and Clark;

(d) District 4. Carter, Powder River, Fallon, Custer, Rosebud, Garfield, Phillips, Valley, McCone, Prairie, Dawson, Wibaux, Richland, Roosevelt, Daniels, Sheridan;

(e) District 5. Golden Valley, Stillwater, Carbon, Big Horn, Yellowstone, Musselshell, Judith Basin, Fergus, Petroleum, Treasure, Wheatland, Sweet Grass.

(2) Of the members appointed from districts 1, 3, 4, and 5, at least one must have specific knowledge of Indian culture and tribal transportation needs. The member provided for under this subsection must be selected by the governor after consultation with the Montana members of the Rocky Mountain tribal leaders council.

(3) Two members may not be residents of the same district at the time of appointment or during their respective terms of office.

(4) Not more than three members may at the time of appointment or during their respective terms be members of the same political party.

(5) An elective state official or state officer, during the term of office to which elected or appointed, or a state employee may not be a member of the commission.

(6) A resolution, motion, or other decision of the commission may not be adopted or passed without the favorable vote of at least three members.

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

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

(9) The commission may adopt rules necessary for its government.

(10) The director of transportation or the director's designee shall act as liaison between the commission and the department.
Mont. Code Ann. § 2-15-1735 — MT Code / Title 2 / Chapter 15 / Part 17 / Section 2-15-1735
2-15-1735 Board of nursing home administrators
Status: in_force

2-15-1735 . Board of nursing home administrators. (1) In accordance with 37-1-123 , there is a board of nursing home administrators.

(2) The board consists of six members:

(a) three nursing home administrators;

(b) two representatives of professions or institutions concerned with the care of chronically ill and infirm aged patients that may not be from the same profession or have a financial interest in a nursing home; and

(c) one public member.

(3) The board is allocated to the department as prescribed in 2-15-121 .
Mont. Code Ann. § 2-15-2230 — MT Code / Title 2 / Chapter 15 / Part 22 / Section 2-15-2230
2-15-2230 Dispute resolution requirement for contracts
Status: in_force

2-15-2230 . Dispute resolution requirement for contracts. Each written contract that the department of public health and human services enters into for the provision of human services to a third party must contain a clause providing for a dispute resolution process in the event of disagreement between the contractor and the department about the terms of the contract.
Mont. Code Ann. § 2-18-1013 — MT Code / Title 2 / Chapter 18 / Part 10 / Section 2-18-1013
2-18-1013 Enforcement of board order -- petition to district court
Status: in_force

2-18-1013 . Enforcement of board order -- petition to district court. The board or the employee may petition for the enforcement of the board's order and for appropriate temporary relief and shall file in the district court the record of the proceedings. Upon the filing of the petition, the district court shall have jurisdiction of the proceeding. Thereafter, the district court shall set the matter for hearing. After the hearing, the district court shall issue its order granting such temporary or permanent relief as it considers just and proper. No objection that has not been raised before the board shall be considered by the court unless the failure or neglect to raise the objection is excused because of extraordinary circumstances. The findings of the board with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive.
Mont. Code Ann. § 2-18-306 — MT Code / Title 2 / Chapter 18 / Part 3 / Section 2-18-306
2-18-306 Determination of weekly or hourly pay rate
Status: in_force

2-18-306 . Determination of weekly or hourly pay rate. When the monthly or annual salary rate payable to an officer or employee of the state has been set by law or otherwise, notwithstanding any other provision of law, the weekly or hourly rate of pay shall be determined by dividing the annual salary by 52 weeks or 2,080 hours.
Mont. Code Ann. § 2-15-156 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-156
2-15-156 Districts for certain appointments
Status: in_force

2-15-156 . Districts for certain appointments. For appointment of persons provided for in 2-15-1508 , 2-15-1821 , and 2-15-1822 , the districts are the following counties:

(1) District 1: Lincoln, Flathead, Glacier, Sanders, Lake, Mineral, Missoula, Ravalli, Powell, Granite, Deer Lodge, Silver Bow, Beaverhead, Madison, and Gallatin;

(2) District 2: Toole, Liberty, Hill, Blaine, Phillips, Valley, Daniels, Sheridan, Roosevelt, Richland, McCone, Garfield, Petroleum, Fergus, Judith Basin, Cascade, Chouteau, Teton, Pondera, Lewis and Clark, Jefferson, Broadwater, Meagher, Park, Sweet Grass, Wheatland, Golden Valley, Stillwater, Carbon, Musselshell, Treasure, Rosebud, Custer, Prairie, Dawson, Wibaux, Fallon, Carter, Powder River, Big Horn, and Yellowstone.
Mont. Code Ann. § 2-15-130 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-130
2-15-130 Compliance with Military Selective Service Act required for employment -- rulemaking
Status: in_force

2-15-130 . Compliance with Military Selective Service Act required for employment -- rulemaking. (1) An agency of state government or of the Montana university system may not employ, on a full-time or part-time basis, in a permanent or temporary position, an individual who has failed to comply with the registration requirements of the federal Military Selective Service Act, 50 App. U.S.C. 451, et seq. However, this prohibition does not apply to an individual who:

(a) by a preponderance of the evidence shows that the failure to register was not done knowingly or willfully; or

(b) is exempt from registration under the provisions of the Military Selective Service Act.

(2) The department of administration and the board of regents shall adopt rules to implement this section.
Mont. Code Ann. § 2-4-111 — MT Code / Title 2 / Chapter 4 / Part 1 / Section 2-4-111
2-4-111 Small business impact analysis -- assistance
Status: in_force

2-4-111 . Small business impact analysis -- assistance. (1) (a) A proposal notice pursuant to 2-4-302 must include a small business impact analysis. The small business impact analysis, at a minimum, must:

(i) identify by class or group the small businesses probably affected by the proposed rule; and

(ii) include a statement of the probable significant and direct effects of the proposed rule on the small businesses identified in subsection (1)(a)(i).

(b) If the agency proposes to adopt, increase, or decrease a monetary amount that a person shall pay or will receive, such as a fee, cost, or benefits, the analysis must include an estimate, if known, of:

(i) the cumulative amount for all persons of the proposed increase, decrease, or new amount; and

(ii) the number of persons affected.

(2) An agency is not required to prepare a separate small business impact analysis under this section if the agency pursuant to 2-4-405 is preparing or has prepared an economic impact statement regarding adoption, amendment, or repeal of a rule.

(3) The agency shall provide documentation for the estimates, statements, and descriptions required under subsection (1).

(4) The final adoption, amendment, or repeal of a rule is not subject to challenge in any court as a result of the inaccuracy or inadequacy of a small business impact analysis required under this section.
Mont. Code Ann. § 2-15-101 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-101
2-15-101 Declaration of policy and purpose
Status: in_force

2-15-101 . Declaration of policy and purpose. (1) The purpose of this chapter is to comply with Article VI, section 7, of the Montana constitution which requires that all executive and administrative offices, boards, bureaus, commissions, agencies, and instrumentalities of the executive branch (except for the office of governor, lieutenant governor, secretary of state, attorney general, superintendent of public instruction, and auditor) and their respective functions, powers, and duties shall be allocated by law among not more than 20 principal departments so as to provide an orderly arrangement in the administrative organization of state government.

(2) It is the public policy of this state and the purpose of this chapter to create a structure of the executive branch of state government which is responsive to the needs of the people of this state and sufficiently flexible to meet changing conditions; to strengthen the executive capacity to administer effectively and efficiently at all levels; to encourage greater public participation in state government; to effect the grouping of state agencies into a reasonable number of departments primarily according to function; to provide that the responsibility within the executive branch of state government for the implementation of programs and policies is clearly fixed and ascertainable; and to eliminate overlapping and duplication of effort within the executive branch of state government.
Mont. Code Ann. § 2-15-411 — MT Code / Title 2 / Chapter 15 / Part 4 / Section 2-15-411
2-15-411 Commissioner of political practices
Status: in_force

2-15-411 . Commissioner of political practices. (1) There is a commissioner of political practices who is appointed as provided in 13-37-102 .

(2) The office of the commissioner is attached to the office of the secretary of state for administrative purposes only, as specified in 2-15-121 , except that the provisions of subsections (1)(b), (1)(c), (2)(a), (2)(b), (2)(d), (2)(e), and (3)(a) of 2-15-121 do not apply.
Mont. Code Ann. § 2-7-103 — MT Code / Title 2 / Chapter 7 / Part 1 / Section 2-7-103
2-7-103 Review of executive branch by governor
Status: in_force

2-7-103 . Review of executive branch by governor. The office of the governor shall continuously study and evaluate the organizational structure, management practices, and functions of the executive branch and of each agency. The governor shall, by executive order or other means within the authority granted to the governor, take action to improve the manageability of the executive branch.
Mont. Code Ann. § 2-9-202 — MT Code / Title 2 / Chapter 9 / Part 2 / Section 2-9-202
2-9-202 Apportionment of costs -- creation of deductible reserve
Status: in_force

2-9-202 . Apportionment of costs -- creation of deductible reserve. (1) The department of administration shall apportion the costs of all insurance purchased under 2-9-201 to the individual state participants, and the costs must be paid to the department subject to appropriations by the legislature.

(2) The department, if it elects to use a deductible insurance plan, is authorized to charge the individual state participants an amount equal to the cost of a full-coverage insurance plan until such time as a deductible reserve is established. In each subsequent year, the department may charge a sufficient amount over the actual cost of the deductible insurance to replenish the deductible reserves.

(3) The department may accumulate a self-insurance reserve fund sufficient to provide self-insurance for all liability coverages that in its discretion the department considers should be self-insured. Payments into the self-insurance reserve fund must be made from a legislative appropriation for that purpose. Proceeds of the fund must be used by the department to pay claims under parts 1 through 3 of this chapter. Expenditures for actual and necessary expenses required for the efficient administration of the fund must be made from temporary appropriations, as described in 17-7-501 (1) or (2), made for that purpose.

(4) Money in reserve funds established under this section that is not needed to meet expected expenditures must be invested and all proceeds of the investment credited to the fund.
Mont. Code Ann. § 2-18-1202 — MT Code / Title 2 / Chapter 18 / Part 12 / Section 2-18-1202
2-18-1202 Definitions
Status: in_force

2-18-1202 . Definitions. As used in this part, the following definitions apply:

(1) "Agency" has the meaning provided in 2-18-101 but does not include the Montana university system.

(2) (a) "Employee" means a person employed by the state who has achieved permanent status, as defined in 2-18-101 , or officers and employees of the legislative branch and teachers under the authority of the department of corrections or department of public health and human services who have been employed for at least 6 continuous months.

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

(3) "Privatization" means contracting with the private sector to provide a service normally or traditionally provided directly by an employee of an agency.
Mont. Code Ann. § 2-7-105 — MT Code / Title 2 / Chapter 7 / Part 1 / Section 2-7-105
2-7-105 Tax information submitted
Status: in_force

2-7-105 . Tax information submitted. It shall be the duty of all public officers of the state and of any municipality to give to the department of revenue information in their possession relating to taxation when required by the department and cooperate with and aid the department in every manner in its efforts to secure a fair, equitable, and just enforcement of the taxation and revenue laws of the state.
Mont. Code Ann. § 2-6-1001 — MT Code / Title 2 / Chapter 6 / Part 10 / Section 2-6-1001
2-6-1001 Purpose
Status: in_force

2-6-1001 . Purpose. The purpose of this chapter is to ensure efficient and effective management of public records and public information, in accordance with Article II, sections 8 through 10, of the Montana constitution, for the state of Montana and its political subdivisions.
Mont. Code Ann. § 2-15-2018 — MT Code / Title 2 / Chapter 15 / Part 20 / Section 2-15-2018
2-15-2018 Terminated
Status: in_force

2-15-2018 . Terminated. Sec. 6, Ch. 241, L. 2021.
Mont. Code Ann. § 2-2-103 — MT Code / Title 2 / Chapter 2 / Part 1 / Section 2-2-103
2-2-103 Public trust -- public duty
Status: in_force

2-2-103 . Public trust -- public duty. (1) The holding of public office or employment is a public trust, created by the confidence that the electorate reposes in the integrity of judicial officers, public officers, legislators, and public employees. A judicial officer, public officer, judge, legislator, or public employee shall carry out the individual's duties for the benefit of the people of the state.

(2) A judicial officer, public officer, judge, legislator, or public employee whose conduct departs from the person's public duty is liable to the people of the state and is subject to the penalties provided in this part for abuse of the public's trust.

(3) This part sets forth various rules of conduct, the transgression of any of which is a violation of public duty, and various ethical principles, the transgression of any of which must be avoided.

(4) (a) The enforcement of this part for:

(i) judicial officers, state officers, judges, legislators, and state employees is provided for in 2-2-136 ;

(ii) legislators, involving legislative acts, is provided for in 2-2-135 and for all other acts is provided for in 2-2-136 ;

(iii) local government officers and employees is provided for in 2-2-144 .

(b) Any money collected in the civil actions that is not reimbursement for the cost of the action must be deposited in the general fund of the unit of government.
Mont. Code Ann. § 2-2-144 — MT Code / Title 2 / Chapter 2 / Part 1 / Section 2-2-144
2-2-144 Enforcement for local government
Status: in_force

2-2-144 . Enforcement for local government. (1) Except as provided in subsections (5) and (6), a person alleging a violation of this part by a local government officer or local government employee shall notify the county attorney of the county where the local government is located. The county attorney shall request from the complainant or the person who is the subject of the complaint any information necessary to make a determination concerning the validity of the complaint.

(2) If the county attorney determines that the complaint is justified, the county attorney may bring an action in district court seeking a civil fine of not less than $50 or more than $1,000. If the county attorney determines that the complaint alleges a criminal violation, the county attorney shall bring criminal charges against the officer or employee.

(3) If the county attorney declines to bring an action under this section, the person alleging a violation of this part may file a civil action in district court seeking a civil fine of not less than $50 or more than $1,000. In an action filed under this subsection, the court may assess the costs and attorney fees against the person bringing the charges if the court determines that a violation did not occur or against the officer or employee if the court determines that a violation did occur. The court may impose sanctions if the court determines that the action was frivolous or intended for harassment.

(4) The employing entity of a local government employee may take disciplinary action against an employee for a violation of this part.

(5) (a) A local government may establish a three-member panel to review complaints alleging violations of this part by officers or employees of the local government. The local government shall establish procedures and rules for the panel. The members of the panel may not be officers or employees of the local government. The panel shall review complaints and may refer to the county attorney complaints that appear to be substantiated. If the complaint is against the county attorney, the panel shall refer the matter to the commissioner of political practices and the complaint must then be processed by the commissioner pursuant to 2-2-136 .

(b) In a local government that establishes a panel under this subsection (5), a complaint must be referred to the panel prior to making a complaint to the county attorney.

(6) If a local government review panel has not been established pursuant to subsection (5), a person alleging a violation of this part by a county attorney shall file the complaint with the commissioner of political practices pursuant to 2-2-136 .

(7) This section does not apply to allegations of a violation by a judicial officer, justice, district court judge, or judge under the judicial branch of state government.
Mont. Code Ann. § 2-2-105 — MT Code / Title 2 / Chapter 2 / Part 1 / Section 2-2-105
2-2-105 Ethical requirements for public officers and public employees
Status: in_force

2-2-105 . Ethical requirements for public officers and public employees. (1) The requirements in this section are intended as rules of conduct, and violations constitute a breach of the public trust and public duty of office or employment in state or local government.

(2) Except as provided in subsection (4), a public officer or public employee may not acquire an interest in any business or undertaking that the officer or employee has reason to believe may be directly and substantially affected to its economic benefit by official action to be taken by the officer's or employee's agency.

(3) A public officer or public employee may not, within 12 months following the voluntary termination of office or employment, obtain employment in which the officer or employee will take direct advantage, unavailable to others, of matters with which the officer or employee was directly involved during a term of office or during employment. These matters are rules, other than rules of general application, that the officer or employee actively helped to formulate and applications, claims, or contested cases in the consideration of which the officer or employee was an active participant.

(4) When a public employee who is a member of a quasi-judicial board or commission or of a board, commission, or committee with rulemaking authority is required to take official action on a matter as to which the public employee has a conflict created by a personal or private interest that would directly give rise to an appearance of impropriety as to the public employee's influence, benefit, or detriment in regard to the matter, the public employee shall disclose the interest creating the conflict prior to participating in the official action.

(5) A public officer or public employee may not perform an official act directly and substantially affecting a business or other undertaking to its economic detriment when the officer or employee has a substantial personal interest in a competing firm or undertaking.
Mont. Code Ann. § 2-2-303 — MT Code / Title 2 / Chapter 2 / Part 3 / Section 2-2-303
2-2-303 Agreements to appoint relative to office unlawful
Status: in_force

2-2-303 . Agreements to appoint relative to office unlawful. It shall further be unlawful for any person or any member of any board, bureau, or commission or employee of any department of this state or any political subdivision thereof to enter into any agreement or any promise with other persons or any members of any boards, bureaus, or commissions or employees of any department of this state or any of its political subdivisions thereof to appoint to any position of trust or emolument any person or persons related to them or connected with them by consanguinity within the fourth degree or by affinity within the second degree.
Mont. Code Ann. § 2-16-611 — MT Code / Title 2 / Chapter 16 / Part 6 / Section 2-16-611
2-16-611 Method of removal cumulative
Status: in_force

2-16-611 . Method of removal cumulative. The recall is cumulative and additional to, rather than a substitute for, other methods for removal of public officers.
Mont. Code Ann. § 2-3-211 — MT Code / Title 2 / Chapter 3 / Part 2 / Section 2-3-211
2-3-211 Recording
Status: in_force

2-3-211 . Recording. A person may not be excluded from any open meeting under this part and may not be prohibited from photographing, televising, transmitting images or audio by electronic or digital means, or recording open meetings. The presiding officer may ensure that these activities do not interfere with the conduct of the meeting.
Mont. Code Ann. § 2-4-304 — MT Code / Title 2 / Chapter 4 / Part 3 / Section 2-4-304
2-4-304 Informal conferences and committees
Status: in_force

2-4-304 . Informal conferences and committees. (1) An agency may use informal conferences and consultations as a means of obtaining the viewpoints and advice of interested persons with respect to contemplated rulemaking.

(2) An agency may also appoint committees of experts or interested persons or representatives of the general public to advise it with respect to any contemplated rulemaking. The powers of the committees shall be advisory only.

(3) Nothing herein shall relieve the agency from following rulemaking procedures required by this chapter.
Mont. Code Ann. § 2-7-503 — MT Code / Title 2 / Chapter 7 / Part 5 / Section 2-7-503
2-7-503 Financial reports and audits of local government entities
Status: in_force

2-7-503 . Financial reports and audits of local government entities. (1) (a) The governing body or managing or executive officer of a local government entity, other than a school district or associated cooperative, shall ensure that a financial report is made every year. A school district or associated cooperative shall comply with the provisions of 20-9-213 .

(i) The financial report must cover the preceding fiscal year and be in a form prescribed by the department or be in an alternative form acceptable to the department as provided in subsection (1)(a)(ii). The completed report must be submitted to the department for review within 6 months of the end of the reporting period. The department may grant a 3-month extension for the submittal of an audit in lieu of a financial report.

(ii) An alternative format of a financial report acceptable to the department may be used by local government entities with a population of 10,000 or less as reported in the most recent decennial survey issued by the United States census bureau and that meets the requirements outlined in department rule.

(b) The financial report of a local government that has authorized the use of tax increment financing pursuant to 7-15-4282 must include a report of the financial activities related to the tax increment financing provision.

(2) The department shall prescribe a uniform reporting system for all local government entities subject to financial reporting requirements, other than school districts. The superintendent of public instruction shall prescribe the reporting requirements for school districts.

(3) (a) The governing body or managing or executive officer of each local government entity receiving revenue or financial assistance in the period covered by the financial report that is in excess of the threshold dollar amount established by the director of the office of management and budget pursuant to 31 U.S.C. 7502(a)(3), regardless of the source of revenue or financial assistance, shall cause an audit to be made. The audit may cover the entity's preceding 2 fiscal years and must commence within 9 months from the close of the last fiscal year of the audit period. The audit must be completed and submitted to the department for review within 1 year from the close of the last fiscal year covered by the audit.

(b) The governing body or managing or executive officer of a local government entity that does not meet the criteria established in subsection (3)(a) shall at least once every 4 years, if directed by the department, or, in the case of a school district, if directed by the department at the request of the superintendent of public instruction, cause a financial review, as defined by department rule, to be conducted of the financial statements of the entity for the preceding fiscal year.

(4) An audit conducted in accordance with this part is in lieu of any financial or financial and compliance audit of an individual financial assistance program that a local government is required to conduct under any other state or federal law or regulation. If an audit conducted pursuant to this part provides a state agency with the information that it requires to carry out its responsibilities under state or federal law or regulation, the state agency shall rely upon and use that information to plan and conduct its own audits or reviews in order to avoid a duplication of effort.

(5) In addition to the audits required by this section, the department may at any time conduct or contract for a special audit or review of the affairs of any local government entity referred to in this part. The special audit or review must, to the extent practicable, build upon audits performed pursuant to this part.

(6) The fee for the special audit or review must be a charge based upon the costs incurred by the department in relation to the special audit or review. The audit fee must be paid by the local government entity to the state treasurer and must be deposited in the enterprise fund to the credit of the department.

(7) Failure to comply with the provisions of this section subjects the local government entity to the penalties provided in 2-7-517 .
Mont. Code Ann. § 2-16-112 — MT Code / Title 2 / Chapter 16 / Part 1 / Section 2-16-112
2-16-112 Absence from state
Status: in_force

2-16-112 . Absence from state. Except as provided in 10-1-1008 , an officer mentioned in 2-16-111 (1) or an officer appointed by the governor and confirmed by the senate may not be absent from the state for more than 60 consecutive days unless on business of the state or with the consent of the legislature.
Mont. Code Ann. § 2-4-312 — MT Code / Title 2 / Chapter 4 / Part 3 / Section 2-4-312
2-4-312 Publication and arrangement of register
Status: in_force

2-4-312 . Publication and arrangement of register. (1) The secretary of state shall publish in the register all notices, rules, and interpretations filed with the secretary of state at least once a month but not more often than twice a month.

(2) The secretary of state shall publish the register in a printable electronic format and make each issue of the register freely available through the secretary of state's website. The secretary of state shall maintain a permanent archive of the register.

(3) The register must contain three sections, including a rules section, a notice section, and an interpretation section, as follows:

(a) The rules section of the register must contain all rules filed since the compilation and publication of the preceding issue of the register, together with the statements required under 2-4-305 (1).

(b) The notice section of the register must contain all rulemaking notices filed with the secretary of state pursuant to 2-4-302 since the compilation and publication of the preceding register.

(c) The interpretation section of the register must contain all opinions of the attorney general and all declaratory rulings of agencies issued since the publication of the preceding register.

(4) Each issue of the register must contain the issue number and date of the register and a table of contents. Each page of the register must contain the issue number and date of the register of which it is a part. The secretary of state may include with the register information to help the user in relating the register to the ARM.
Mont. Code Ann. § 2-15-3322 — MT Code / Title 2 / Chapter 15 / Part 33 / Section 2-15-3322
2-15-3322 Terminated
Status: in_force

2-15-3322 . Terminated. Sec. 15, Ch. 456, L. 1999.
Mont. Code Ann. § 2-18-412 — MT Code / Title 2 / Chapter 18 / Part 4 / Section 2-18-412
2-18-412 Designation of person to receive decedent's warrants -- reissuance
Status: in_force

2-18-412 . Designation of person to receive decedent's warrants -- reissuance. A person employed by the state may file with the person's appointing power a designation of a person who, notwithstanding any other provision of law, shall, on the death of the employee, be entitled to receive all warrants that would have been payable to the decedent had the employee survived. The employee may change the designation from time to time. A person designated shall claim the warrants from the state treasurer and on sufficient proof of identity, the treasurer shall reissue the warrant in the name of the designated person and deliver the warrant to the designated person.
Mont. Code Ann. § 2-9-316 — MT Code / Title 2 / Chapter 9 / Part 3 / Section 2-9-316
2-9-316 Judgments against governmental entities
Status: in_force

2-9-316 . Judgments against governmental entities. A political subdivision of the state shall satisfy a final judgment or settlement out of funds that may be available from the following sources:

(1) insurance;

(2) the general fund or any other funds legally available to the governing body;

(3) a property tax, otherwise properly authorized by law, collected by a special levy authorized by law, in an amount necessary to pay any unpaid portion of the judgment or settlement;

(4) proceeds from the sale of bonds issued by a county, city, or school district for the purpose of deriving revenue for the payment of the judgment or settlement liability. The governing body of a county, city, or school district may issue bonds pursuant to procedures established by law. Property taxes may be levied to amortize the bonds.
Mont. Code Ann. § 2-9-528 — MT Code / Title 2 / Chapter 9 / Part 5 / Section 2-9-528
2-9-528 Lien on real estate of surety -- action to compel specific performance
Status: in_force

2-9-528 . Lien on real estate of surety -- action to compel specific performance. (1) When an action is commenced in any court in this state, for the benefit to the state, to enforce the penalty of or to recover money upon an official bond or obligation or any bond or obligation executed in favor of the state of Montana or of the people of this state, the attorney or other person prosecuting the action may file with the clerk of the court in which the action is commenced an affidavit stating either positively or on information and belief that the bond or obligation was executed by the defendant or one or more of the defendants (designating whom) and made payable to the people of the state or to the state and that the defendant or defendants have real estate or some interest in land (designating the county or counties in which the land is situated) and that the action is prosecuted for the benefit of the state. The clerk of the court receiving the affidavit shall certify to the county clerk and recorder of the county in which the real estate is situated the names of the parties to the action, the name of the court in which the action is pending, and the amount claimed in the complaint, along with the date of the commencement of the suit.

(2) Upon receiving the certificate, the county clerk and recorder shall endorse upon the certificate the time of its receipt. The certificate must be filed in the same manner as notices of the pendency of action affecting real estate. Any judgment recovered in the action is a lien upon all real estate belonging to the defendant situated in any county in which the certificate is filed or to one or more of the defendants, for the amount the owner of the real estate is or may be liable upon the judgment, from the filing of this certificate.

(3) In any action to compel the specific performance of an agreement to sell real estate affected by the lien created by the filing of the certificate referred to in subsection (2), which agreement was made prior to the filing of the certificate but the purchase price of the real estate is not due until after the filing of the certificate, the judge of the district court in which the action for specific performance is tried shall, if the purchaser is otherwise entitled to specific performance of the agreement, order the purchaser to pay the purchase price or as much of the purchase price that may be due to the state treasurer, taking the state treasurer's receipt for the payment. Upon payment, the purchaser is entitled to enforce the specific performance of the agreement and take the real estate free from the liens created by the filing of the certificate. The money paid to the state treasurer must be held pending the litigation mentioned in the certificate and subject to the lien created by the filing of the certificate. If judgment is recovered against the defendant, the state treasurer in the treasurer's settlement shall pay to the county treasurer the amount due the county.
Mont. Code Ann. § 2-8-111 — MT Code / Title 2 / Chapter 8 / Part 1 / Section 2-8-111
2-8-111 Prereview responsibilities of agencies
Status: in_force

2-8-111 . Prereview responsibilities of agencies. An agency designated for termination or whose program or programs are designated for termination shall, by 22 months preceding the date set for termination:

(1) delineate the goals of the programs, which goals reflect the state's constitution, statutes, and authoritative judicial, legislative, and executive decisions or pronouncements;

(2) delineate the objectives of the programs and lay out, clearly enough to be tested, the logic in the assumptions linking expenditures to outcome anticipated, outcome anticipated to objectives, and objectives to impact on problems addressed in goals;

(3) furnish to the legislative auditor, upon request of the auditor, the information necessary to conduct a performance audit as required by this chapter.
Mont. Code Ann. § 2-18-1313 — MT Code / Title 2 / Chapter 18 / Part 13 / Section 2-18-1313
2-18-1313 Death benefits
Status: in_force

2-18-1313 . Death benefits. (1) Upon proof of a participant's death, if the deceased participant's account retains funds, the participant's surviving spouse or dependent is entitled to use the account for qualified health care expenses incurred by the participant until the participant's death or incurred by the surviving spouse or a surviving dependent until loss of tax-qualified status.

(2) The department shall prescribe by rule the disposition of a deceased participant's account if the participant has no surviving spouse or dependent.
Mont. Code Ann. § 2-15-135 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-135
2-15-135 Rights and duties under existing transactions
Status: in_force

2-15-135 . Rights and duties under existing transactions. The rights, privileges, and duties of the holders of bonds and other obligations issued and of the parties to contracts, leases, indentures, and other transactions entered into before the effective date of a transfer of functions by a reorganization within the executive branch, by the state or by any agency, officer, or employee thereof, and covenants and agreements as set forth therein remain in effect, and none of those rights, privileges, duties, covenants, or agreements are impaired or diminished by reason of the transfer of the functions of an agency or the abolition of an agency. The department or unit which succeeds to the functions of an agency is substituted for that agency and succeeds to its rights and duties under the provisions of those bonds, contracts, leases, indentures, and other transactions.
Mont. Code Ann. § 2-7-521 — MT Code / Title 2 / Chapter 7 / Part 5 / Section 2-7-521
2-7-521 Publication
Status: in_force

2-7-521 . Publication. (1) (a) After the expiration of the 30-day period provided for in 2-7-515 (1), the local government entity shall send a copy of each audit report to a newspaper of general circulation in the area of the local government entity. However, each county audit report must be sent to the official newspaper of the county.

(b) For an audit report of a county or an incorporated city or town, the county, city, or town shall send to the appropriate newspaper a copy of a summary of significant findings regarding the audit report. The summary, which may not exceed 800 words, must be prepared by the independent auditor and contain a statement indicating that it is only a summary and is not intended to be used as an audit report.

(2) For an audit report of a county or incorporated city or town, a newspaper is required to publish only:

(a) the summary of significant findings provided for in subsection (1)(b); and

(b) a statement to the effect that the audit report is on file in its entirety and open to public inspection.

(3) For an audit report of a local government entity other than a county or incorporated city or town, the newspaper is required to publish only the statement provided for in subsection (2)(b) and a statement providing that the audited local government entity will send a copy of the audit report to any interested person upon request.

(4) Publication costs must be borne by the audited local government entity.
Mont. Code Ann. § 2-4-612 — MT Code / Title 2 / Chapter 4 / Part 6 / Section 2-4-612
2-4-612 Hearing -- rules of evidence, cross-examination, judicial notice
Status: in_force

2-4-612 . Hearing -- rules of evidence, cross-examination, judicial notice. (1) Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved.

(2) Except as otherwise provided by statute relating directly to an agency, agencies shall be bound by common law and statutory rules of evidence. Objections to evidentiary offers may be made and shall be noted in the record. When a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.

(3) Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original.

(4) All testimony shall be given under oath or affirmation.

(5) A party shall have the right to conduct cross-examinations required for a full and true disclosure of facts, including the right to cross-examine the author of any document prepared by or on behalf of or for the use of the agency and offered in evidence.

(6) Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge. Parties shall be notified either before or during the hearing or by reference in preliminary reports or otherwise of the material noticed, including any staff memoranda or data. They shall be afforded an opportunity to contest the material so noticed.

(7) The agency's experience, technical competence, and specialized knowledge may be utilized in the evaluation of evidence.
Mont. Code Ann. § 2-11-103 — MT Code / Title 2 / Chapter 11 / Part 1 / Section 2-11-103
2-11-103 Definitions
Status: in_force

2-11-103 . Definitions. As used in this part, the following definitions apply:

(1) (a) "Government act" means the denial or issuance with conditions of a permit, certificate, license, or the equivalent of a permit, certificate, or license issued by a government entity.

(b) The term does not mean:

(i) litigation in which a government entity or other person litigates the authority of the government entity to take an act provided in subsection (1)(a);

(ii) an act provided in subsection (1)(a) for which a citation or warning is issued, other than the statement required by 2-11-104 , on which a reference clearly appears to the legal authority for the government action; or

(iii) a legislative act by the state of Montana.

(2) "Government entity" means a state agency or a local government unit.

(3) "Local government unit" means a city, county, town, unincorporated municipality or village, or special taxing unit or district and any commission, board, bureau, or other office of the unit.

(4) "Rule" has the meaning provided in 2-4-102 .

(5) "State agency" has the meaning provided in 2-4-102 (2)(a).

(6) "Statement of government authority" or "statement" means the statement required by 2-11-104 .
Mont. Code Ann. § 2-7-517 — MT Code / Title 2 / Chapter 7 / Part 5 / Section 2-7-517
2-7-517 Penalties -- rules to establish fine
Status: in_force

2-7-517 . Penalties -- rules to establish fine. (1) Except as provided in 15-1-121 (12)(b), when a local government entity has failed to file a report as required by 2-7-503 (1)or make payment required by 2-7-514 (2) within 60 days, the department may issue an order stopping payment of any state financial assistance to the local government entity or may charge a late payment penalty as adopted by rule. Upon receipt of the report or payment of the filing fee, all financial assistance that was withheld under this section must be released and paid to the local government entity.

(2) In addition to the penalty provided in subsection (1), if a local government entity has not filed the audits or reports pursuant to 2-7-503 within 180 days of the dates required by 2-7-503 , the department shall notify the entity of the fine due to the department and shall provide public notice of the delinquent audits or reports.

(3) The department may grant an extension to a local government entity for filing the audits and reports required under 2-7-503 or may waive the fines, fees, and other penalties imposed in this section if the local government entity shows good cause for the delinquency or demonstrates that the failure to comply with 2-7-503 was the result of circumstances beyond the entity's control.

(4) The department shall adopt rules establishing a fine, not to exceed $100, based on the cost of providing public notice under subsection (2), for failure to file audits or reports required by 2-7-503 in the timeframes required under that section.
Mont. Code Ann. § 2-15-2041 — MT Code / Title 2 / Chapter 15 / Part 20 / Section 2-15-2041
2-15-2041 Montana end of watch trust
Status: in_force

2-15-2041 . Montana end of watch trust. (1) There is a Montana end of watch trust within the permanent fund type for the purpose of supporting eligible law enforcement officers and their surviving immediate family in the event of an officer's death or catastrophic injury in the line of duty.

(2) The department may accept financial contributions and gifts for the trust. When accepted, the contributions and gifts must be deposited in the trust.

(3) The legislature may transfer money to the trust.

(4) The state treasurer shall each month transfer from the trust to the end of watch state special revenue account established in 2-15-2042 the amount of earnings, excluding unrealized gains and losses, required to meet the obligations of the state that are payable from the account. Earnings not transferred to the account established in 2-15-2042 must be retained in the trust account. Any unexpended interest that transfers back into the trust can be appropriated if monthly obligations exceed the current available interest in the account. If this portion of the trust is appropriated in any fiscal year, the state treasurer shall transfer that same amount from the general fund to the trust in the following fiscal year. Unexpended interest in excess of the principal of the trust may be used for trust-related litigation expenses in the event the administrative fees authorized in 2-15-2046 are insufficient.

(5) The board of investments shall invest money deposited in the fund established under this section as provided by law.
Mont. Code Ann. § 2-18-615 — MT Code / Title 2 / Chapter 18 / Part 6 / Section 2-18-615
2-18-615 Absence because of illness not chargeable against vacation unless employee approves
Status: in_force

2-18-615 . Absence because of illness not chargeable against vacation unless employee approves. Absence from employment by reason of illness shall not be chargeable against unused vacation leave credits unless approved by the employee.
Mont. Code Ann. § 2-15-2507 — MT Code / Title 2 / Chapter 15 / Part 25 / Section 2-15-2507
2-15-2507 Highway traffic safety program
Status: in_force

2-15-2507 . Highway traffic safety program. Except as provided in 61-2-103 , the highway traffic safety program provided for in 61-2-102 must be administered by the department of transportation.
Mont. Code Ann. § 2-18-616 — MT Code / Title 2 / Chapter 18 / Part 6 / Section 2-18-616
2-18-616 Determination of vacation dates
Status: in_force

2-18-616 . Determination of vacation dates. The dates when employees' annual vacation leaves are granted must be determined by agreement between each employee and the employing agency with regard to the best interest of the state or any county or city of the state as well as the best interests of each employee.
Mont. Code Ann. § 2-18-716 — MT Code / Title 2 / Chapter 18 / Part 7 / Section 2-18-716
2-18-716 Hold harmless
Status: in_force

2-18-716 . Hold harmless. (1) If a covered person receives services from a non-Montana hospital-controlled out-of-network air ambulance service for an emergency medical condition, an insurer or health plan shall assume the covered person's responsibility, if any, for amounts charged in excess of allowed amounts for covered services and supplies, applicable copayments, coinsurance, and deductibles.

(2) An insurer or health plan that assumes a responsibility pursuant to subsection (1) shall notify the air ambulance service of that assumption no later than the date the insurer or health plan issues payment under subsection (4).

(3) If an air ambulance service receives notice pursuant to subsection (2), with the exception of amounts owed for applicable copayments, coinsurance, and deductibles, the air ambulance service may not:

(a) bill, collect, or attempt to collect from the covered person for the responsibility assumed under subsection (1);

(b) report to a consumer reporting agency that the covered person is delinquent on the responsibility assumed under subsection (1); or

(c) obtain a lien on the covered person's property in connection with the responsibility assumed under subsection (1).

(4) (a) An insurer or health plan is responsible for payment or denial of a claim within 30 days after receipt of a proof of loss, except as provided in 33-18-232 (1). Within the timeframe provided in this subsection (4)(a), the insurer or health plan shall notify the covered person of the amount of deductible, coinsurance, or copayment that is the covered person's responsibility to pay.

(b) The insurer or health plan responsible under subsection (1) shall make payment based on:

(i) the billed charges of the air ambulance service;

(ii) another amount negotiated with the air ambulance service; or

(iii) the median amount the insurer or health plan would pay to an in-network air ambulance service for the services performed.

(5) If after payment is made under subsection (4) the insurer or health plan and air ambulance service dispute whether any further payment obligation exists, the insurer or health plan and air ambulance service shall enter into the dispute resolution process set forth in 2-18-718 through 2-18-720 . After the independent dispute resolution process is exhausted, the aggrieved party may pursue any available remedies in a court of competent jurisdiction.

(6) For the purposes of this section:

(a) "emergency medical condition" means a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, so that a person who possesses knowledge of health and medicine could reasonably expect the absence of immediate medical attention to result in:

(i) placing the health of the individual or, with respect to a pregnant woman, the health of the woman or her unborn child in serious jeopardy;

(ii) serious impairment to bodily functions; or

(iii) serious dysfunction of any bodily organ or part; and

(b) "insurer" means a health insurance issuer as defined in 33-22-140 and includes issuers of health insurance under Titles 2 and 20.

(7) Sections 2-18-715 through 2-18-720 do not apply if a covered person used an air ambulance membership subscription, as provided in 50-6-320 , for the services provided by the air ambulance service.
Mont. Code Ann. § 2-12-104 — MT Code / Title 2 / Chapter 12 / Part 1 / Section 2-12-104
2-12-104 Annual plan
Status: in_force

2-12-104 . Annual plan. (1) Each department shall produce an annual plan no later than September 1, 2023.

(2) Each department shall publish a subsequent annual plan no later than September 1 each year.

(3) At a minimum, an annual plan must include the following components:

(a) a description of the functions and divisions of the department, including a discussion of the department's priorities;

(b) initiatives of the department for each program, as that term is used in 17-7-111 , that reflect the benefits and outcomes the department expects to achieve on behalf of the public or specific groups through its divisions; and

(c) specific and measurable performance measures for its initiatives, including the preferred outcomes and outputs with respect to each initiative.

(4) Performance measures must:

(a) be tracked on an ongoing basis;

(b) assess a department's preferred outcomes and outputs;

(c) be quantitative when possible; and

(d) be designed to provide meaningful and useful information to policymakers and the public.

(5) The annual plan adopted by a department must be posted on the websites of the department.
Mont. Code Ann. § 2-15-2206 — MT Code / Title 2 / Chapter 15 / Part 22 / Section 2-15-2206
2-15-2206 Office of aging
Status: in_force

2-15-2206 . Office of aging. (1) There is an office of aging, headed by a coordinator of aging. The office is in the department of public health and human services.

(2) The governor shall appoint an advisory council on aging. The council is composed of 11 members, a majority of whom must be 60 years of age or older. Members shall serve staggered 3-year terms and until their successors are appointed. Vacancies must be filled by appointment for the unexpired term. The council is allocated to the department of public health and human services for administrative purposes only.
Mont. Code Ann. § 2-9-304 — MT Code / Title 2 / Chapter 9 / Part 3 / Section 2-9-304
2-9-304 Compromise or settlement of claim against political subdivision
Status: in_force

2-9-304 . Compromise or settlement of claim against political subdivision. (1) The governing body of each political subdivision, after conferring with its legal officer or counsel, may compromise and settle any claim allowed by parts 1 through 3 of this chapter, subject to the terms of insurance, if any.

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

(3) An employee who is a party to a compromise or settlement entered into or approved pursuant to subsection (1) may waive the right of individual privacy and allow the state to release all records or details of the compromise or settlement, such as personnel records, that pertain to the employee personally and that would otherwise be protected by the right of individual privacy subject to the merits of public disclosure.
Mont. Code Ann. § 2-16-303 — MT Code / Title 2 / Chapter 16 / Part 3 / Section 2-16-303
2-16-303 Powers
Status: in_force

2-16-303 . Powers. In all cases not otherwise provided for, each deputy possesses the powers and may perform the duties attached by law to the office of the principal.
Mont. Code Ann. § 2-17-802 — MT Code / Title 2 / Chapter 17 / Part 8 / Section 2-17-802
2-17-802 Definitions
Status: in_force

2-17-802 . Definitions. As used in part 1 and this part, the following definitions apply:

(1) "Capitol" means the building dedicated as the Montana state capitol in 1902.

(2) "Capitol complex" means the capitol building and all the state buildings within a 10-mile radius of the capitol building but does not include the Montana wildlife rehabilitation and education center.

(3) "Capitol north circle lot" means the off-street parking lot that begins proximately south of the intersection of north Montana avenue and sixth avenue, extends in an easterly direction to the base of the north main steps of the capitol, and continues in an easterly direction to end proximately south of the intersection of sixth avenue and north Roberts street.

(4) "Capitol south lower lot" means the off-street parking lot located south of Lockey avenue from the capitol, and proximately west of the old board of health building located at 1301 Lockey avenue;

(5) "Capitol south oval lot" means the off-street parking spaces located between Lockey avenue and the south main entrance to the capitol.

(6) "Central utility functions" means utility functions that include but are not limited to:

(a) heating;

(b) ventilation;

(c) air conditioning and climate control systems and components;

(d) plumbing;

(e) access control;

(f) building automation;

(g) building communications; and

(h) the wired core of the building, including electrical, telephone, and network infrastructure.

(7) "Common space" means areas of a building that serve all tenants and occupants on a nonexclusive basis, including the:

(a) building structure, exterior, and grounds;

(b) publicly accessible space;

(c) restrooms;

(d) mechanical rooms;

(e) custodial rooms;

(f) security rooms;

(g) lobbies;

(h) stairwells;

(i) elevators;

(j) interstitial space;

(k) wiring closets;

(l) areas or systems that support the state telecommunications network;

(m) network infrastructure; and

(n) other critical infrastructure and any other similar areas.

(8) "Council" means the capitol complex advisory council established in 2-17-803 .

(9) "Executive branch space" means the area designated by 2-17-115 and this section.

(10) "Legislative audit committee" means the legislative audit committee established in 5-13-201 .

(11) "Legislative audit division" means the legislative audit division established in 5-13-301 .

(12) "Legislative council" means the legislative council established in 5-11-101 .

(13) "Legislative finance committee" means the legislative finance committee established in 5-12-201 .

(14) "Legislative services division" means the legislative services division established in 5-11-111 .

(15) "Legislative space" means the area designated by 2-17-108 , 2-17-114 , and this section.

(16) "Network infrastructure" means hardware, software, and any associated equipment necessary to enable network connectivity and communications between users, devices, applications, services, and external networks or the internet.

(17) "State telecommunications network" means information technology resources administered by the department for the transmission of voice, video, or electronic data from one device to another.
Mont. Code Ann. § 2-17-553 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-553
2-17-553 No change of privacy right or public right to know
Status: in_force

2-17-553 . No change of privacy right or public right to know. Sections 2-17-550 through 2-17-553 are not intended to expand or restrict the individual right of privacy or the public right to know or to change the rights and obligations of persons, state agencies, or local governments that are otherwise provided by law.
Mont. Code Ann. § 2-18-107 — MT Code / Title 2 / Chapter 18 / Part 1 / Section 2-18-107
2-18-107 Job-sharing positions -- benefits
Status: in_force

2-18-107 . Job-sharing positions -- benefits. (1) Job sharing may be used, to the extent practicable, by each agency as a means of promoting increased productivity and employment opportunities. Job sharing may be actively pursued to fill vacated or new positions but may not be actively pursued to replace current full-time employees. However, on request of a current employee, that employee's position may be considered for job sharing. A position may be filled by more than one incumbent currently in a full-time position.

(2) Employees in a job-sharing status are entitled to holiday pay, annual leave, sick leave, and health benefits on the same basis as permanent part-time employees provided for in 2-18-603 , 2-18-611 , 2-18-618 , and 2-18-703 .

(3) Employees classified in a part-time status may not be reclassified to a job-sharing status while employed in the position classified as part-time.
Mont. Code Ann. § 2-15-2033 — MT Code / Title 2 / Chapter 15 / Part 20 / Section 2-15-2033
2-15-2033 Sexual assault prosecution unit
Status: in_force

2-15-2033 . Sexual assault prosecution unit. (1) There is a sexual assault prosecution unit in the prosecution services bureau of the department of justice. The unit is under the supervision and control of the attorney general and, subject to the availability of appropriated funds, consists of the agents and employees of the department whom the attorney general considers necessary and appropriate, including but not limited to at least two people who are licensed to practice law in Montana and who are qualified by education, training, experience, and high professional competence to prosecute sexual assault crimes.

(2) The sexual assault prosecution unit shall assist and train county attorneys and local law enforcement in the prosecution of sexual assault crimes.
Mont. Code Ann. § 2-17-521 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-521
2-17-521 State strategic information technology plan -- biennial report
Status: in_force

2-17-521 . State strategic information technology plan -- biennial report. (1) The department shall prepare a state strategic information technology plan. The department shall seek the advice of the board in the development of the plan.

(2) The plan must:

(a) reflect the policies as set forth in 2-17-505 and 2-17-512 and be in accordance with statewide policies, framework, controls, standards, procedures, and guidelines established by the department;

(b) establish the statewide mission, goals, and objectives for the use of information technology, including goals for electronic access to government records, information, and services; and

(c) establish the strategic direction for how state agencies will develop and use information technology resources to provide state government services.

(3) The department shall update the plan as necessary. The plan and any updates must be distributed as provided in 2-17-522 .

(4) The department shall prepare a biennial report on information technology based on agency information technology plans and performance reports required under 2-17-524 and other information considered appropriate by the department. The biennial report must include:

(a) an analysis of the state's information technology infrastructure, including its value, condition, and capacity;

(b) an evaluation of performance relating to information technology;

(c) an assessment of progress made toward implementing the state strategic information technology plan;

(d) an inventory of information technology resources;

(e) agency budget requests for major projects; and

(f) other information as determined by the department or requested by the governor or the legislature.
Mont. Code Ann. § 2-15-1821 — MT Code / Title 2 / Chapter 15 / Part 18 / Section 2-15-1821
2-15-1821 Coal board -- allocation -- composition
Status: in_force

2-15-1821 . Coal board -- allocation -- composition. (1) There is a coal board composed of seven members.

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

(3) The governor shall appoint a seven-member coal board, as provided under 2-15-124 .

(4) (a) Subject to subsections (4)(b) and (4)(c), the members of the coal board are selected as follows:

(i) two from the impact areas; and

(ii) two with expertise in education.

(b) At least two but not more than four members must be appointed from each district provided for in 2-15-156 .

(c) In making the appointments, the governor shall consider people from the following fields:

(i) business;

(ii) engineering;

(iii) public administration; and

(iv) planning.
Mont. Code Ann. § 2-15-1002 — MT Code / Title 2 / Chapter 15 / Part 10 / Section 2-15-1002
2-15-1002 Ex officio state treasurer
Status: in_force

2-15-1002 . Ex officio state treasurer. The director of the department of administration shall serve as ex officio state treasurer.
Mont. Code Ann. § 2-15-3312 — MT Code / Title 2 / Chapter 15 / Part 33 / Section 2-15-3312
2-15-3312 Terminated
Status: in_force

2-15-3312 . Terminated. Sec. 15, Ch. 456, L. 1999.
Mont. Code Ann. § 2-15-1901 — MT Code / Title 2 / Chapter 15 / Part 19 / Section 2-15-1901
2-15-1901 Office of securities commissioner
Status: in_force

2-15-1901 . Office of securities commissioner. There is an office of securities commissioner, and the state auditor of Montana is hereby made and constituted ex officio securities commissioner.
Mont. Code Ann. § 2-15-1752 — MT Code / Title 2 / Chapter 15 / Part 17 / Section 2-15-1752
2-15-1752 Board of allied health care professionals
Status: in_force

2-15-1752 . (Effective January 1, 2026) Board of allied health care professionals. (1) In accordance with 37-1-123 , there is a board of allied health care professionals.

(2) The board consists of seven members:

(a) two clinical laboratory scientists;

(b) two radiologic technologists;

(c) two respiratory therapists; and

(d) one public member.

(3) The board is allocated to the department as prescribed in 2-15-121 .
Mont. Code Ann. § 2-18-808 — MT Code / Title 2 / Chapter 18 / Part 8 / Section 2-18-808
2-18-808 Purpose
Status: in_force

2-18-808 . Purpose. The purpose of this part is to establish a program under which the state may provide state employees with adequate group hospitalization, health, medical, disability, life, and other related group benefits in an efficient manner and at an affordable cost.
Mont. Code Ann. § 2-9-302 — MT Code / Title 2 / Chapter 9 / Part 3 / Section 2-9-302
2-9-302 Time for filing -- limitation of actions
Status: in_force

2-9-302 . Time for filing -- limitation of actions. A claim against the state or a political subdivision is subject to the limitation of actions provided by law.
Mont. Code Ann. § 2-18-111 — MT Code / Title 2 / Chapter 18 / Part 1 / Section 2-18-111
2-18-111 Hiring preference for residents of Indian reservations for state jobs within reservation -- rules
Status: in_force

2-18-111 . Hiring preference for residents of Indian reservations for state jobs within reservation -- rules. (1) A state agency that operates within an Indian reservation shall give a preference in hiring for employment with the state agency to an Indian resident of the reservation who has substantially equal qualifications for the position.

(2) The commissioner of labor and industry shall enforce this section and investigate complaints of its violation and may adopt rules to implement this section.

(3) For the purposes of this section, the following definitions apply:

(a) "Employment" means being employed as a permanent, temporary, or seasonal employee as defined in 2-18-101 for a state position. The term does not include:

(i) a state elected official;

(ii) appointment by an elected official to a body, such as a board, commission, committee, or council;

(iii) appointment by an elected official to a public office if the appointment is provided for by law;

(iv) engagement as an independent contractor or employment by an independent contractor; or

(v) engagement as a student intern.

(b) "Indian" means a person who is enrolled or who is a lineal descendant of a person enrolled upon an enrollment listing of the bureau of Indian affairs or upon the enrollment listing of a recognized Indian tribe, domiciled in the United States.

(c) "State agency" means a department, office, board, bureau, commission, agency, or other instrumentality of the executive or judicial branches of the government of this state.
Mont. Code Ann. § 2-18-403 — MT Code / Title 2 / Chapter 18 / Part 4 / Section 2-18-403
2-18-403 Service charges
Status: in_force

2-18-403 . Service charges. The department of administration may provide for a system of charges for services rendered by the state central payroll system to any department or agency of the state. Funds collected under this section must be deposited to the credit of an internal services fund account and expended for the purpose of paying the expenses incurred by the state central payroll system.
Mont. Code Ann. § 2-18-711 — MT Code / Title 2 / Chapter 18 / Part 7 / Section 2-18-711
2-18-711 Cooperative purchasing of employee benefit services and insurance products -- procedures
Status: in_force

2-18-711 . Cooperative purchasing of employee benefit services and insurance products -- procedures. (1) To provide employee group benefits, an agency, as defined in 2-18-601 , and the state compensation insurance fund may participate with other agencies, nonprofit organizations, or business entities and in voluntary disability insurance purchasing pools provided for under 33-22-1815 if the agency or the state fund determines that cooperative purchasing is in the agency's or the state fund's best interest.

(2) Cooperative purchases under this section may be conducted according to purchasing procedures developed by the participating parties if, for contracts valued at $20,000 a year or more, purchasing procedures, at a minimum, include:

(a) public notice in three major Montana newspapers of requirements for submitting bids or offers; and

(b) consideration of all submitted bids or offers.

(3) For purposes of this section, "employee" also means a schoolteacher or a member of the instructional or scientific staff of a community college.
Mont. Code Ann. § 2-15-3101 — MT Code / Title 2 / Chapter 15 / Part 31 / Section 2-15-3101
2-15-3101 Department of livestock -- head
Status: in_force

2-15-3101 . Department of livestock -- head. There is a department of livestock. The department head is the board of livestock provided for in 2-15-3102 .
Mont. Code Ann. § 2-8-401 — MT Code / Title 2 / Chapter 8 / Part 4 / Section 2-8-401
2-8-401 Purpose
Status: in_force

2-8-401 . Purpose. It is the intent of the legislature to:

(1) exercise the police power of the state through the establishment of licensing boards and licensing programs only when regulation of a profession or occupation benefits the public health, safety, welfare, or common good of the state's residents and that benefit outweighs the potential increased cost to the public and limitation on competition;

(2) recognize those professions or occupations that require specialized skill or training; and

(3) provide the public with a means to determine whether practitioners have met competency standards and to complain if the competency is suspect.
Mont. Code Ann. § 2-17-1201 — MT Code / Title 2 / Chapter 17 / Part 12 / Section 2-17-1201
2-17-1201 Short title
Status: in_force

2-17-1201 . Short title. This part may be cited as the "State Building Construction Loan Act of 2021".
Mont. Code Ann. § 2-15-128 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-128
2-15-128 Terminated
Status: in_force

2-15-128 . Terminated. Sec. 4, Ch. 237, L. 1993.
Mont. Code Ann. § 2-10-103 — MT Code / Title 2 / Chapter 10 / Part 1 / Section 2-10-103
2-10-103 Definitions
Status: in_force

2-10-103 . Definitions. As used in this part, the following definitions apply:

(1) "Action with taking or damaging implications" means a proposed state agency administrative rule, policy, or permit condition or denial pertaining to land or water management or to some other environmental matter that if adopted and enforced would constitute a deprivation of private property in violation of the United States or Montana constitution. It does not include:

(a) proposed eminent domain proceedings;

(b) a proposed seizure of property by law enforcement officials as evidence or under a state forfeiture statute;

(c) a proposed forfeiture of property during or as a result of criminal proceedings; or

(d) a proposal to repeal a rule, discontinue a government program, or implement a proposed change that has the effect of reducing regulation of private property.

(2) "Private property" means all real property, including but not limited to water rights.

(3) "State agency" means an officer, board, commission, department, or other entity within the executive branch of state government.

(4) "Taking or damaging" means depriving a property owner of private property in a manner requiring compensation under the 5th and 14th amendments to the constitution of the United States or Article II, section 29, of the Montana constitution.
Mont. Code Ann. § 2-15-1704 — MT Code / Title 2 / Chapter 15 / Part 17 / Section 2-15-1704
2-15-1704 Unemployment insurance appeals board -- allocation -- composition -- function -- quasi-judicial
Status: in_force

2-15-1704 . Unemployment insurance appeals board -- allocation -- composition -- function -- quasi-judicial. (1) There is an unemployment insurance appeals board.

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

(3) The board is composed of three members of the public who are not employees of the state government, appointed by the governor as prescribed in 2-15-124 . One member must be from the private business sector who owns or is employed by an entity with more than 10 employees.

(4) The governor may appoint a substitute board member to the board who is subject to the same qualifications and confirmation requirements as the regular board members as prescribed in 2-15-124 and subsection (3) of this section. The substitute board member may serve in place of any regular board member who is unable to attend a board meeting and participate in the proceedings and decisions of that board meeting. The substitute board member is entitled to the same compensation and per diem as the regular board members.

(5) The board is designated as a quasi-judicial board for purposes of 2-15-124 .
Mont. Code Ann. § 2-15-3405 — MT Code / Title 2 / Chapter 15 / Part 34 / Section 2-15-3405
2-15-3405 Appointment of wetlands protection advisory council
Status: in_force

2-15-3405 . Appointment of wetlands protection advisory council. (1) The director of fish, wildlife, and parks shall appoint an advisory council pursuant to 2-15-122 to review proposals developed by the department of fish, wildlife, and parks that involve the use of money received by the department under 87-2-411 for the protection, conservation, and development of wetlands in Montana.

(2) The director shall appoint seven members to the advisory council who represent Montana migratory game bird hunters, nonconsumptive users of wildlife, and the agricultural industry, including one member from each administrative region described in 2-15-3402 .

(3) Members shall serve staggered, 6-year terms beginning October 1, 2023, and must be appointed so that no more than three appointments expire in any 1 year. To implement staggered terms, the director may specify a shorter length of term for initial members.
Mont. Code Ann. § 2-7-504 — MT Code / Title 2 / Chapter 7 / Part 5 / Section 2-7-504
2-7-504 Accounting methods
Status: in_force

2-7-504 . Accounting methods. (1) Unless otherwise required by law, the department shall prescribe by rule the general methods and details of accounting for the receipt and disbursement of all money belonging to local government entities and shall establish in those offices general methods and details of accounting. All local government entity officers shall conform with the accounting standards prescribed by the department.

(2) The rules adopted by the department must be in accordance with:

(a) generally accepted accounting principles established by the governmental accounting standards board or its generally recognized successor; or

(b) a small government financial reporting framework that is defined by the department and derived from the generally accepted accounting principles referenced in subsection (2)(a).
Mont. Code Ann. § 2-15-1816 — MT Code / Title 2 / Chapter 15 / Part 18 / Section 2-15-1816
2-15-1816 Tourism advisory council
Status: in_force

2-15-1816 . Tourism advisory council. (1) There is created a tourism advisory council.

(2) The council is composed of not more than 9 members appointed by the governor from Montana's private sector travel industry and includes at least one member from Indian tribal governments and one tribal member from the private sector, with representation from each tourism region initially established by executive order of the governor and as may be modified by the council under subsection (5).

(3) Members of the council shall serve staggered 3-year terms, subject to replacement at the discretion of the governor.

(4) The council shall:

(a) oversee distribution of funds to regional nonprofit tourism corporations for tourism promotion, nonprofit convention and visitors bureaus, and the state-tribal economic development commission established in 90-1-131 on behalf of an Indian tourism region in accordance with Title 15, chapter 65, part 1, and this section;

(b) advise the department of commerce relative to tourism promotion;

(c) advise the governor on significant matters relative to Montana's travel industry;

(d) prescribe allowable administrative expenses for which accommodation tax proceeds may be used by regional nonprofit tourism corporations and nonprofit convention and visitors bureaus;

(e) direct the university system regarding Montana travel research;

(f) approve all travel research programs prior to their being undertaken;

(g) encourage the state-tribal economic development commission and regional nonprofit tourism corporations to promote tourist activities on Indian reservations in their regions;

(h) encourage regional nonprofit tourism corporations and nonprofit convention and visitors bureaus receiving money under subsection (4)(a) to promote public and nonprofit history museums in their regions; and

(i) urge the department of transportation to include museums recognized by the museums association of Montana when it updates and publishes the state maps.

(5) The council may modify the tourism regions established by executive order of the governor.

(6) The department of commerce shall adopt rules to implement and administer Title 15, chapter 65, part 1, and this section.
Mont. Code Ann. § 2-1-302 — MT Code / Title 2 / Chapter 1 / Part 3 / Section 2-1-302
2-1-302 Resolution of Indian tribes requesting state jurisdiction -- governor's proclamation -- consent of county commissioners
Status: in_force

2-1-302 . Resolution of Indian tribes requesting state jurisdiction -- governor's proclamation -- consent of county commissioners. (1) Whenever the governor of this state receives from the tribal council or other governing body of the Confederated Salish and Kootenai Indian tribes or any other community, band, or group of Indians in this state, a resolution expressing its desire that its people and lands be subject to the criminal or civil jurisdiction, or both, of the state to the extent authorized by federal law and regulation, the governor shall issue within 60 days a proclamation to the effect that the specified jurisdiction applies to those Indians and their territory or reservation in accordance with the provisions of this part.

(2) The governor may not issue the proclamation until the resolution has been approved in the manner provided for by the charter, constitution, or other fundamental law of the tribe, if the document provides for approval, and there has been first obtained the consent of the board of county commissioners of each county that encompasses any portion of the reservation of the tribe.
Mont. Code Ann. § 2-1-216 — MT Code / Title 2 / Chapter 1 / Part 2 / Section 2-1-216
2-1-216 Filing of acceptance of jurisdiction over federal lands
Status: in_force

2-1-216 . Filing of acceptance of jurisdiction over federal lands. (1) When the state receives written notification from the authorized official or agent of the United States of America that the United States desires or is willing to relinquish to the state jurisdiction, or a portion of jurisdiction, over certain lands owned by the United States within Montana that are used for national park or military purposes, the governor may accept relinquishment.

(2) After acceptance and approval by the governor, retrocession of jurisdiction becomes effective on filing of the original acceptance with the secretary of state of Montana.
Mont. Code Ann. § 2-9-906 — MT Code / Title 2 / Chapter 9 / Part 9 / Section 2-9-906
2-9-906 Limitation on requirements
Status: in_force

2-9-906 . (Temporary) Limitation on requirements. (1) If a federal or state statute, regulation, order, or public health guidance related to covid-19 recommends or requires the use of a face mask, a government entity is not required to ensure face masks are being used or a face mask is sufficient to stop the spread of covid-19 to meet the standard of care.

(2) If a federal or state statute, regulation, order, or public health guidance related to covid-19 recommends or requires temperature checks, a government entity is not required to conduct a temperature check before allowing an individual to enter a premises if the individual refuses to allow the temperature check.

(3) If a federal or state statute, regulation, order, or public health guidance related to covid-19 recommends or requires a vaccine, an individual is not required to receive a vaccine and a government entity is not required to ensure employees or agents are vaccinated to meet the standard of care. (Terminates December 31, 2031--sec. 12, Ch. 516, L. 2021.)
Mont. Code Ann. § 2-18-1103 — MT Code / Title 2 / Chapter 18 / Part 11 / Section 2-18-1103
2-18-1103 Powers and duties of department
Status: in_force

2-18-1103 . Powers and duties of department. The department shall:

(1) adopt rules to implement this part;

(2) develop model guidelines and promotional materials to assist agencies in implementing this part; and

(3) prepare and submit to the state administration and veterans' affairs interim committee by September 15 in the year preceding the regular legislative session and in the manner provided in 5-11-210 a list of awards granted under 2-18-1106 and the corresponding savings to the state and improvements in the effectiveness of state government.
Mont. Code Ann. § 2-15-2218 — MT Code / Title 2 / Chapter 15 / Part 22 / Section 2-15-2218
2-15-2218 Traumatic brain injury account
Status: in_force

2-15-2218 . Traumatic brain injury account. (1) There is a traumatic brain injury account in the state special revenue fund.

(2) Money in this account may be used by the department of public health and human services for funding activities that educate and support recovery of individuals and families, including military service personnel, living with traumatic brain injuries, promote brain injury prevention, and support the traumatic brain injury advisory council.
Mont. Code Ann. § 2-18-715 — MT Code / Title 2 / Chapter 18 / Part 7 / Section 2-18-715
2-18-715 Legislative findings and purpose
Status: in_force

2-18-715 . Legislative findings and purpose. (1) The legislature finds that:

(a) air ambulance services provide a necessary, and sometimes lifesaving, means of transporting Montanans experiencing health emergencies;

(b) Montanans desire adequate access to air ambulance services;

(c) in many cases the high charges assessed by out-of-network air ambulance services and limited insurer and health plan reimbursements have resulted in Montanans incurring excessive out-of-pocket expenses; and

(d) the federal Airline Deregulation Act preempts states from enacting any law related to a price, route, or service of an air carrier, which is interpreted as applying to air ambulance services.

(2) The purpose of 2-18-715 through 2-18-720 is to prevent Montanans from incurring excessive out-of-pocket expenses in out-of-network air ambulance situations in a manner that is not preempted by the Airline Deregulation Act.
Mont. Code Ann. § 2-10-101 — MT Code / Title 2 / Chapter 10 / Part 1 / Section 2-10-101
2-10-101 Short title
Status: in_force

2-10-101 . Short title. This part may be cited as the "Private Property Assessment Act".
Mont. Code Ann. § 2-18-718 — MT Code / Title 2 / Chapter 18 / Part 7 / Section 2-18-718
2-18-718 Independent dispute resolution
Status: in_force

2-18-718 . Independent dispute resolution. (1) If an insurer or health plan and air ambulance service enter into dispute resolution, the procedure in 2-18-719 is to be used to determine the fair market price of the services that are the subject of the claim.

(2) Payment of the fair market price calculated pursuant to 2-18-719 constitutes payment in full of the claim.

(3) A determination under this section is not binding on the insurer or health plan and the air ambulance service.

(4) Unless otherwise agreed to by the parties, each party shall:

(a) bear its own attorney fees and costs incurred under the procedure provided in 2-18-719 ; and

(b) equally bear all fees and costs of the independent reviewer.

(5) As used in this section, "fair market price" means the value of the services provided as determined by the independent reviewer based on the factors provided in 2-18-719 (6).
Mont. Code Ann. § 2-1-209 — MT Code / Title 2 / Chapter 1 / Part 2 / Section 2-1-209
2-1-209 Concurrent jurisdiction over Fort Peck Dam ceded to United States -- reservation of rights to state
Status: in_force

2-1-209 . Concurrent jurisdiction over Fort Peck Dam ceded to United States -- reservation of rights to state. Consent to purchase or condemn all necessary lands is hereby given and concurrent jurisdiction is ceded to the United States over the Fort Peck Dam, the body of water or artificial lake created by the dam, the land under the body of water, and any lands now owned or that may be acquired by the United States and that touch the body of water, all such land and water being situated in the counties of Valley, Phillips, McCone, Garfield, Petroleum, and Fergus, state of Montana. The state reserves the right to serve civil or criminal process within the limits of the territory over which jurisdiction is ceded in any suits or prosecutions for or on account of rights obtained, obligations incurred, or crimes committed in this state, within or outside of the territory. The state also reserves the right to tax persons and corporations and their franchises and property within the territory. The state and its inhabitants, citizens, and nonresidents reserve the right to fish or hunt by boat or otherwise and the right of access, ingress, and egress to and through the ceded territory to all persons owning or controlling livestock for the purpose of watering the livestock. The state reserves jurisdiction in the enforcement of state laws relating to the duties of the department of livestock and the department of environmental quality and the enforcement of regulations promulgated by the departments in accordance with the laws of the state. Jurisdiction does not vest until the United States, through the proper officers, notifies the governor of the state of Montana that it assumes police or military jurisdiction over the territory.
Mont. Code Ann. § 2-18-1012 — MT Code / Title 2 / Chapter 18 / Part 10 / Section 2-18-1012
2-18-1012 Grievance procedure
Status: in_force

2-18-1012 . Grievance procedure. If, upon the preponderance of the evidence taken at the hearing, the board is of the opinion that the employee is aggrieved, it may issue an order to the appropriate agency or agencies of state government to require an action to resolve the employee's grievance. In a hearing, the board is not bound by statutory or common-law rules of evidence. The hearing may be conducted by telephone or by videoconference.
Mont. Code Ann. § 2-6-1103 — MT Code / Title 2 / Chapter 6 / Part 11 / Section 2-6-1103
2-6-1103 Agency records management duties
Status: in_force

2-6-1103 . Agency records management duties. Each department head shall administer the executive branch agency's records management function and shall:

(1) coordinate all aspects of the agency records management function in accordance with procedures prescribed by the secretary of state and the state records committee;

(2) analyze records inventory data and examine and compare all inventories within the agency to minimize duplication of records;

(3) review and approve records disposal requests for submission to the retention and disposition subcommittee;

(4) review established records retention schedules to ensure they are complete and current and make recommendations to the secretary of state and the state records committee regarding minimal retentions for all copies of public records within the agency;

(5) incorporate records management requirements into the agency information technology plan provided for in 2-17-523 ;

(6) ensure that all agency employees receive appropriate and ongoing records management training; and

(7) after considering guidance from the state records committee regarding records manager qualifications, officially designate a qualified agency records manager to manage the functions provided for in this section.
Mont. Code Ann. § 2-4-307 — MT Code / Title 2 / Chapter 4 / Part 3 / Section 2-4-307
2-4-307 Omissions from ARM or register
Status: in_force

2-4-307 . Omissions from ARM or register. (1) An agency may adopt by reference any model code, federal agency rule, rule of any agency of this state, or other similar publication if:

(a) the publication of the model code, rule, or other publication would be unduly cumbersome, expensive, or otherwise inexpedient; and

(b) it is reasonable for the agency to adopt the model code, rule, or other publication for the state of Montana.

(2) The model code, rule, or other publication must be adopted by reference in a rule adopted under the rulemaking procedure required by this chapter. The rule must contain a citation to the material adopted by reference and a statement of the general subject matter of the omitted rule and must state where a copy of the omitted material may be obtained. Upon request of the secretary of state, a copy of the omitted material must be filed with the secretary of state.

(3) (a) The model code, rule, or other publication to be adopted by an agency pursuant to subsection (1):

(i) must be in existence at the time that the agency's notice of proposed rulemaking is published in the register;

(ii) must be available to the public for comment, through either publication in the register or publication in an electronic format on the agency's web page, during the time that the rule adopting the model code, rule, or other publication is itself subject to public comment; and

(iii) except as provided in subsection (3)(b), may not be altered between the time of publication of the notice of proposed rulemaking and the publication of the notice of adoption by the agency proposing the rule unless the alteration is required in order to respond to comments in the rulemaking record of the adopting agency.

(b) If the model code, rule, or other publication is altered by the agency between the time of the publication of the notice of proposed rulemaking and the notice of adoption, the part of the model code, rule, or other publication that is altered by the agency is not adopted unless that part is also subject to a separate process of adoption as provided in this section.

(c) If the model code, rule, or other publication is made available on the agency's website, the website may provide either the full text of the model code, rule, or other publication or a link to the source of the official electronic text of the model code, rule, or other publication.

(4) A rule originally adopting by reference any model code or rule provided for in subsection (1) may not adopt any later amendments or editions of the material adopted. Except as provided in subsection (6), each later amendment or edition may be adopted by reference only by following the rulemaking procedure required by this chapter.

(5) If requested by a three-fourths vote of the appropriate administrative rule review committee, an agency shall immediately publish the full or partial text of any pertinent material adopted by reference under this section. The committee may not require the publication of copyrighted material. Publication of the text of a rule previously adopted does not affect the date of adoption of the rule, but publication of the text of a rule before publication of the notice of final adoption must be in the form of and is considered to be a new notice of proposed rulemaking.

(6) Whenever later amendments of federal regulations must be adopted to comply with federal law or to qualify for federal funding, only a notice of incorporation by reference of the later amendments must be filed in the register. This notice must contain the information required by subsection (2) and must state the effective date of the incorporation. The effective date may be no sooner than 30 days after the date upon which the notice is published unless the 30 days causes a delay that jeopardizes compliance with federal law or qualification for federal funding, in which event the effective date may be no sooner than the date of publication. A hearing is not required unless requested under 2-4-315 by either 10% or 25, whichever is less, of the persons who will be directly affected by the incorporation, by a governmental subdivision or agency, or by an association having not less than 25 members who will be directly affected. Further notice of adoption or preparation of a replacement page for the ARM is not required.

(7) If a hearing is requested under subsection (6), the petition for hearing must contain a request for an amendment and may contain suggested language, reasons for an amendment, and any other information pertinent to the subject of the rule.

(8) 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 .

(9) 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 as provided in 53-6-113 .
Mont. Code Ann. § 2-15-125 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-125
2-15-125 Future agencies and functions
Status: in_force

2-15-125 . Future agencies and functions. If an agency or a function is not allocated or transferred to a department or a constitutional office by this chapter or any other act of the legislature, the governor shall, by executive order, allocate that agency for administrative purposes only or function to the appropriate principal department or constitutional office. The governor shall transmit copies of all executive orders issued under this section to the legislature at its next regular session.
Mont. Code Ann. § 2-9-503 — MT Code / Title 2 / Chapter 9 / Part 5 / Section 2-9-503
2-9-503 Bond of appointee
Status: in_force

2-9-503 . Bond of appointee. Any person appointed to fill a vacancy, before entering upon the duties of the office, must give a bond corresponding in substance and form with the bond required of the officer originally elected or appointed, as herein provided.
Mont. Code Ann. § 2-5-101 — MT Code / Title 2 / Chapter 5 / Part 1 / Section 2-5-101
2-5-101 Short title
Status: in_force

2-5-101 . Short title. This part may be cited as the "Montana Negotiated Rulemaking Act".
Mont. Code Ann. § 2-18-402 — MT Code / Title 2 / Chapter 18 / Part 4 / Section 2-18-402
2-18-402 Payroll custodial fund -- department to determine disbursements and transfers
Status: in_force

2-18-402 . Payroll custodial fund -- department to determine disbursements and transfers. (1) A fund in the custodial fund type of the state treasury is created, to be known as the state payroll custodial fund. The fund may be utilized for the payment of compensation to officers and employees of the state and all amounts withheld from compensation, pursuant to law.

(2) The amount to be disbursed from the state payroll custodial fund at any time must be determined by the department of administration and, on order of the department, must be transferred from the fund, account, and appropriation properly chargeable to the state payroll custodial fund.
Mont. Code Ann. § 2-17-515 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-515
2-17-515 Granting exceptions to state agencies
Status: in_force

2-17-515 . Granting exceptions to state agencies. Subject to 2-17-516 , the department may grant exceptions to any policy, standard, or other requirement of this part if it is in the best interests of the state of Montana. The department shall inform the governor, the office of budget and program planning, and the legislative finance committee of all exceptions that are granted and of the rationale for granting the exceptions. The department shall maintain written documentation that identifies the terms and conditions of the exception and the rationale for the exception. If an exception is granted, the department shall provide the written documentation in accordance with 5-11-210 .
Mont. Code Ann. § 2-9-902 — MT Code / Title 2 / Chapter 9 / Part 9 / Section 2-9-902
2-9-902 Liability
Status: in_force

2-9-902 . (Temporary) Liability. Except as provided in 2-9-903 through 2-9-906 , a government entity is not liable for civil damages for injuries or death from or relating to exposure or potential exposure to covid-19 unless the civil action involves an act or omission that constitutes gross negligence, willful and wanton misconduct, or intentional tort. (Terminates December 31, 2031--sec. 12, Ch. 516, L. 2021.)
Mont. Code Ann. § 2-17-512 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-512
2-17-512 Powers and duties of department
Status: in_force

2-17-512 . Powers and duties of department. (1) The department is responsible for carrying out the planning and program responsibilities for information technology for state government, except the national guard. The department shall:

(a) encourage and foster the use of new and innovative information technology within state government;

(b) promote, coordinate, and approve the procurement or development of shared information technology application software, management systems, and information that provide similar functions for multiple state agencies;

(c) cooperate with the office of economic development to promote economic development initiatives based on information technology;

(d) establish and enforce a state strategic information technology plan as provided for in 2-17-521 ;

(e) establish and enforce statewide information technology policies, framework, controls, standards, procedures, and guidelines;

(f) review and approve state agency information technology plans provided for in 2-17-523 ;

(g) coordinate with the office of budget and program planning to evaluate budget requests that include information technology resources. The department shall make recommendations to the office of budget and program planning for the approval or disapproval of information technology budget requests, including an estimate of the useful life of the asset proposed for purchase and whether the amount should be expensed or capitalized, based on state accounting policy established by the department. An unfavorable recommendation must be based on a determination that the request is not provided for in the approved agency information technology plan provided for in 2-17-523 .

(h) staff the information technology board provided for in 2-15-1021 ;

(i) fund the administrative costs of the information technology board provided for in 2-15-1021 ;

(j) review the use of information technology resources for all state agencies;

(k) review and approve state agency specifications and procurement methods for the acquisition of information technology resources;

(l) review, approve, and sign all state agency contracts and shall review and approve other formal agreements for information technology resources provided by the private sector and other government entities;

(m) broker, operate, and maintain information technology resources for the use of state government, political subdivisions, and other participating entities under terms and conditions established by the department;

(n) operate and maintain a state telecommunications network for the use of state government, political subdivisions, and other participating entities under terms and conditions established by the department;

(o) ensure that the state telecommunications network is properly maintained. The department may establish a centralized maintenance program for the state telecommunications network.

(p) provide access to digital information and services of the state as provided for in 2-17-532 ;

(q) provide assistance to the legislature, the judiciary, the governor, and state agencies relative to state and interstate information technology matters;

(r) establish rates and other charges for services provided by the department;

(s) accept federal funds granted by congress or by executive order and gifts, grants, and donations for any purpose of this section;

(t) dispose of personal property owned by it in a manner provided by law when, in the judgment of the department, the disposal best promotes the purposes for which the department is established;

(u) implement this part and all other laws for the use of information technology in state government;

(v) provide a biennial report to the state administration and veterans' affairs interim committee and to the legislature as provided in 5-11-210 on the information technology activities of the department;

(w) represent the state with public and private entities on matters of information technology; and

(x) provide full oversight authority over all custom-developed code for all state agencies.

(2) If it is in the state's best interest, the department may contract with qualified private organizations, foundations, or individuals to carry out the purposes of this section.

(3) The director of the department shall appoint the chief information officer to assist in carrying out the department's information technology duties.
Mont. Code Ann. § 2-18-501 — MT Code / Title 2 / Chapter 18 / Part 5 / Section 2-18-501
2-18-501 Meals, lodging, and transportation of persons in state service
Status: in_force

2-18-501 . Meals, lodging, and transportation of persons in state service. All elected state officials, appointed members of boards, commissions, or councils, department directors, and all other state employees must be reimbursed for meals and lodging while away from the person's designated headquarters and engaged in official state business in accordance with the following provisions:

(1) Except as provided under subsection (3), for travel within the state of Montana, the following provisions apply:

(a) Lodging must be authorized at the actual cost of lodging and taxes on the allowable cost of lodging.

(b) Except as provided in subsection (9), meals must be authorized at 70% of the standard federal rate of reimbursement for breakfast, lunch, and dinner in Montana established by the United States general services administration in accordance with the federal travel regulation.

(2) Except as provided in subsection (3), for travel outside the state of Montana including foreign travel, the following provisions apply:

(a) Lodging must be reimbursed at actual cost, not to exceed the prescribed maximum standard federal rate per day for the location involved plus taxes on the allowable cost.

(b) Meal reimbursement may not exceed the prescribed maximum standard federal rate per meal.

(3) Except as provided in subsection (9), the department of administration shall designate the locations and circumstances under which the governor, other elected state officials, appointed members of boards, commissions, or councils, department directors, and all other state employees may be authorized the actual cost of the following:

(a) meals, not including alcoholic beverages, when the actual cost exceeds the maximum established in subsection (2)(b); and

(b) lodging when the actual cost exceeds the maximum established in subsection (2)(a).

(4) When other than commercial, nonreceiptable lodging facilities are used by a state official or employee while conducting official state business in a travel status, the amount of $12 is authorized for lodging expenses for each day in which travel involves an overnight stay in lieu of the amount authorized in subsection (1) or (2)(a). However, when overnight accommodations are provided at the expense of a government entity, reimbursement may not be claimed for lodging.

(5) The actual cost of reasonable transportation expenses and other necessary business expenses incurred by a state official or employee while in an official travel status is subject to reimbursement.

(6) The provisions of this section may not be construed as affecting the validity of 5-2-301 .

(7) The department of administration shall establish policies necessary to effectively administer this section for state government.

(8) All commercial air travel must be by the least expensive class service available.

(9) When the actual cost of meals exceeds the maximum standard allowed pursuant to subsection (1), the department of administration may authorize the actual cost of meals for firefighters.

(10) For the purposes of implementing subsection (9), the following definitions apply:

(a) "Firefighter" means a firefighter who is employed by the department of natural resources and conservation and who is directly involved in the suppression of a wildfire in Montana.

(b) "Wildfire" means an unplanned, unwanted fire burning uncontrolled and consuming vegetative fuels.

(11) Except for claims made pursuant to subsection (4), all claims for lodging expense reimbursement allowed under this section must be documented by an appropriate receipt.
Mont. Code Ann. § 2-1-602 — MT Code / Title 2 / Chapter 1 / Part 6 / Section 2-1-602
2-1-602 Sanctuary jurisdiction prohibited -- exception
Status: in_force

2-1-602 . Sanctuary jurisdiction prohibited -- exception. (1) Except as provided in subsection (2), a state agency or local government may not enact, adopt, implement, enforce, or refer to the electorate a policy that prohibits or restricts a government entity, official, or employee from:

(a) sending to, receiving from, exchanging with, or maintaining for a federal, state, or local government entity information regarding a person's citizenship or immigration status for a lawful purpose;

(b) complying with a notification request concerning the release of an individual if the request is lawfully made by the United States department of homeland security acting pursuant to its authority under 8 U.S.C. 1226 and 1357 as those sections read on March 31, 2021; or

(c) complying with an immigration detainer request if:

(i) the request is lawfully made by the United States department of homeland security acting pursuant to its authority under 8 U.S.C. 1226 and 1357 as those sections read on March 31, 2021; and

(ii) the arrest is authorized under state law.

(2) A state agency or local government may not be considered in violation of this section based solely on a policy otherwise subject to subsection (1) that exclusively concerns an individual who comes forward as a victim of or a witness to a criminal offense.
Mont. Code Ann. § 2-16-621 — MT Code / Title 2 / Chapter 16 / Part 6 / Section 2-16-621
2-16-621 Notification to officer -- statement of justification
Status: in_force

2-16-621 . Notification to officer -- statement of justification. Upon filing the petition or a portion of the petition containing the number of valid signatures required under 2-16-614 , the official with whom it is filed shall immediately give written notice to the officer named in the petition. The notice must state that a recall petition has been filed, must set forth the reasons contained in the petition, and must notify the officer named in the recall petition that the officer has the right to prepare and have printed on the ballot a statement containing not more than 200 words giving reasons why the officer should not be recalled. A statement of justification may not be printed on the ballot unless it is delivered to the filing official within 10 days of the date notice is given.
Mont. Code Ann. § 2-16-505 — MT Code / Title 2 / Chapter 16 / Part 5 / Section 2-16-505
2-16-505 Filling vacancies in certain elective offices
Status: in_force

2-16-505 . Filling vacancies in certain elective offices. A vacancy in the office of the secretary of state, state auditor, attorney general, clerk of the supreme court, or superintendent of public instruction must be filled by a person appointed by the governor. The appointee holds office until the first Monday in January after the next general election. At that election, the office must be filled by election for the unexpired term.
Mont. Code Ann. § 2-18-606 — MT Code / Title 2 / Chapter 18 / Part 6 / Section 2-18-606
2-18-606 Parental leave for state employees
Status: in_force

2-18-606 . Parental leave for state employees. (1) The department of administration shall develop a parental leave policy for permanent state employees. The policy must permit an employee to take a reasonable leave of absence and permit the employee to use sick leave immediately following the birth or placement of a child for a period not to exceed 15 working days if:

(a) the employee is adopting a child; or

(b) the employee is a birth father.

(2) As used in this section, "placement" means placement for adoption as defined in 33-22-130 .

(3) A state agency that is not subject to the provisions of the Family and Medical Leave Act of 1993, 29 U.S.C. 2601 through 2654, may extend the provisions of that act to the employees of the agency.
Mont. Code Ann. § 2-3-213 — MT Code / Title 2 / Chapter 3 / Part 2 / Section 2-3-213
2-3-213 Voidability
Status: in_force

2-3-213 . Voidability. Any decision made in violation of 2-3-203 may be declared void by a district court having jurisdiction. A suit to void a decision must be commenced within 30 days of the date on which the plaintiff or petitioner learns, or reasonably should have learned, of the agency's decision.
Mont. Code Ann. § 2-15-1870 — MT Code / Title 2 / Chapter 15 / Part 18 / Section 2-15-1870
2-15-1870 Montana council on developmental disabilities -- contract with nonprofit corporation
Status: in_force

2-15-1870 . Montana council on developmental disabilities -- contract with nonprofit corporation. The state may contract with a nonprofit corporation for the purposes of carrying out the responsibilities delegated to the Montana council on developmental disabilities appointed pursuant to 2-15-1869 in accordance with the Developmental Disabilities Assistance and Bill of Rights Act of 2000, Public Law 106-402, and this section. Approval of the contract delegating the responsibilities of the council to a nonprofit corporation must be in the form of a letter signed by the secretary of the federal department of health and human services or the secretary's designee.
Mont. Code Ann. § 2-17-416 — MT Code / Title 2 / Chapter 17 / Part 4 / Section 2-17-416
2-17-416 Fuel economy standards -- exceptions
Status: in_force

2-17-416 . Fuel economy standards -- exceptions. (1) The department shall, in coordination with a designated representative in each agency that purchases new vehicles, develop a plan to ensure that each vehicle purchased on or after January 1, 2008, meets or exceeds the CAFE standard.

(2) The director may exempt certain vehicles from the CAFE standard that meet any one of the following conditions:

(a) vehicles that are used primarily in off-road use;

(b) vehicles used for road construction and maintenance;

(c) vehicles used for maintenance, construction, or groundskeeping;

(d) vehicles used primarily for moving and distributing large items or a large quantity of items;

(e) vehicles with a manufacturer-stated seating capacity of more than six persons; or

(f) vehicles using alternative fuels.
Mont. Code Ann. § 2-18-102 — MT Code / Title 2 / Chapter 18 / Part 1 / Section 2-18-102
2-18-102 Personnel administration -- general policy setting -- oversight
Status: in_force

2-18-102 . Personnel administration -- general policy setting -- oversight. (1) Except as otherwise provided by law or collective bargaining agreement, the department shall:

(a) exercise leadership in the development of effective personnel administration within the several agencies in the state and make available the facilities of the department to this end;

(b) foster and develop programs for recruitment and selection of capable persons for employment and for the improvement of employee effectiveness, including training, ethical conduct, safety, health, counseling, welfare, discipline, grievances, and evaluation for productivity and retention in permanent status;

(c) foster, develop, and promote job sharing in agencies;

(d) investigate from time to time the operation and effect of parts 1 through 3 of this chapter and the policies made under those parts and report the findings and recommendations to the governor;

(e) establish policies, procedures, and forms for the maintenance of records of all employees in the state service;

(f) apply and carry out parts 1 through 3 and the policies under those parts and perform any other lawful acts that may be necessary or desirable to carry out the purposes and provisions of parts 1 through 3.

(2) The department may delegate authority granted to it under parts 1 through 3 to agencies in the state service that effectively demonstrate the ability to carry out the provisions of parts 1 through 3, provided that the agencies remain in compliance with policies, procedures, timetables, and standards established by the department.

(3) The department shall develop and issue personnel policies for the state and shall adopt policies or rules to implement this part, except 2-18-111 . Adequate public notice must be given to all interested parties of proposed changes or additions to the personnel policies before the date on which they are to take effect. If requested by any of the affected parties, the department shall schedule a public hearing on proposed changes or additions to the personnel policies before the date on which they are to take effect.

(4) The department shall develop model rules of conduct for all state employees based upon the provisions of Title 2, chapter 2. The department shall provide employees with a pamphlet summarizing the provisions of Title 2, chapter 2. Each state agency shall adopt the model rules of conduct and additional rules appropriate to the specific circumstances of the agency.

(5) Except as otherwise provided by law, the office of budget and program planning shall:

(a) approve any salary increase proposed by an agency that exceeds an employee's occupational wage range prior to the increase going into effect;

(b) monitor the way each agency compensates its employees within the parameters of the occupational wage range for each occupation; and

(c) provide a report in an electronic format to the legislative finance committee identifying any agency that provides a base salary for an employee that exceeds the occupational wage range for the employee's occupation and the reasons for the differences.

(6) The provisions of subsection (5)(a) do not apply to employees of the following agencies:

(a) the department of justice;

(b) the office of public instruction;

(c) the public service commission;

(d) the secretary of state; and

(e) the state auditor's office.

(7) The agencies listed in subsection (6) shall provide required budget information on personal services, and pay increases above the occupational wage range for these agencies are not required to be included in the executive budget in accordance with Title 17, chapter 7, part 1.

(8) The department of administration shall adopt rules and procedures for job classification.

(9) An agency may not change the classification of an occupation or its related job evaluation factors until the agency submits the proposed changes to and receives approval from the department of administration.
Mont. Code Ann. § 2-15-3113 — MT Code / Title 2 / Chapter 15 / Part 31 / Section 2-15-3113
2-15-3113 Additional powers and duties of livestock loss board
Status: in_force

2-15-3113 . Additional powers and duties of livestock loss board. (1) The livestock loss board shall:

(a) process claims;

(b) seek information necessary to ensure that claim documentation is complete;

(c) provide payments authorized by the board for confirmed and probable livestock losses, along with a written explanation of payment;

(d) submit monthly and annual reports to the board of livestock summarizing claims and expenditures and the results of action taken on claims and maintain files of all claims received, including supporting documentation;

(e) provide information to the board of livestock regarding appealed claims and implement any decision by the board;

(f) prepare the annual budget for the board; and

(g) provide proper documentation of staff time and expenditures.

(2) The livestock loss board may enter into an agreement with any Montana tribe, if the tribe has adopted a wolf, mountain lion, black bear, or grizzly bear management plan for reservation lands that is consistent with the state wolf, mountain lion, black bear, or grizzly bear management plan, to provide that tribal lands within reservation boundaries are eligible for livestock loss reduction program grants pursuant to 2-15-3111 .

(3) The livestock loss board shall:

(a) coordinate and share information with state, federal, and tribal officials, livestock producers, nongovernmental organizations, and the general public in an effort to reduce livestock losses caused by wolves, mountain lions, black bears, and grizzly bears;

(b) establish an annual budget for the prevention, mitigation, and reimbursement of livestock losses caused by wolves, mountain lions, black bears, and grizzly bears;

(c) perform or contract for the performance of periodic program audits and reviews of program expenditures, including payments to individuals, incorporated entities, and producers who receive loss reduction grants and reimbursement payments;

(d) adjudicate appeals of claims;

(e) investigate alternative or enhanced funding sources, including possible agreements with public entities and private wildlife or livestock organizations that have active livestock loss reimbursement programs in place;

(f) meet as necessary to conduct business; and

(g) report annually to the governor, the legislature in accordance with 5-11-210 , members of the Montana congressional delegation, the board of livestock, the fish and wildlife commission, and the public regarding results of the programs established in 2-15-3111 through 2-15-3113 .

(4) The livestock loss board may sell or auction any carcasses or parts of carcasses from wolves, mountain lions, or black bears received pursuant to 87-1-217 . The proceeds, minus the costs of the sale including the preparation of the carcass or part of the carcass for sale, must be deposited into the livestock loss reduction and mitigation special revenue account established in 81-1-110 and used for the purposes of 2-15-3111 through 2-15-3114 .
Mont. Code Ann. § 2-15-143 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-143
2-15-143 Training and consultation
Status: in_force

2-15-143 . Training and consultation. (1) At least once a year, the governor's office and a trainer selected by the tribal governments shall provide training in Helena or a site mutually agreed on to state agency managers and key employees who have regular communication with tribes on the legal status of tribes, the legal rights of tribal members, and social, economic, and cultural issues of concern to tribes. Pursuant to 5-11-113 , the state director of Indian affairs shall collaborate with the legislative services division to ensure that legislators are aware of and invited to participate in this training.

(2) At least annually, the governor shall convene in Helena a working meeting with representatives of state agencies and tribal officials, including tribal presiding officers, to discuss:

(a) tribal concerns with rules and policies that directly impact tribal government and tribal populations;

(b) other issues of concern to either the state or the tribes; and

(c) potential solutions to the concerns.

(3) By August 15 of each year, each state agency shall submit to the governor a report for the prior fiscal year describing the activities of the state agency relating to tribal government and tribal populations. The report must include:

(a) any rule or policy changes that the state agency adopted because of discussions under subsection (2)(a);

(b) the process that the state agency has established to identify the activities of the state agency that affect tribes;

(c) the efforts of the state agency to promote communication and the government-to-government relationship between the state agency and the tribes; and

(d) the efforts of the state agency to ensure tribal consultation and the use of American Indian data in the development and implementation of agency programs that directly affect tribes.

(4) By October 15 of each year, the governor shall provide to each tribal government a report with an overview of all state and tribal activities for the prior fiscal year, including a description of the training required under subsection (1). It is the intent of the legislature that this report be prepared within existing levels of funding.
Mont. Code Ann. § 2-17-201 — MT Code / Title 2 / Chapter 17 / Part 2 / Section 2-17-201
2-17-201 Inspection of property and warehouses
Status: in_force

2-17-201 . Inspection of property and warehouses. The warehouses, supplies, furnishings, and property of all kinds used in and about the business of the state is subject at all times to the inspection of the department of administration and any officer or employee of any agency.
Mont. Code Ann. § 2-10-201 — MT Code / Title 2 / Chapter 10 / Part 2 / Section 2-10-201
2-10-201 Short title
Status: in_force

2-10-201 . Short title. This part may be cited as the "Right to Compute Act".
Mont. Code Ann. § 2-6-1109 — MT Code / Title 2 / Chapter 6 / Part 11 / Section 2-6-1109
2-6-1109 Retention and disposition subcommittee -- approval required for record disposal
Status: in_force

2-6-1109 . Retention and disposition subcommittee -- approval required for record disposal. (1) There is a subcommittee of the state records committee to be known as the retention and disposition subcommittee. The subcommittee is composed of the members of the state records committee who represent the following offices:

(a) the department of administration;

(b) the legislative auditor;

(c) the attorney general;

(d) the secretary of state; and

(e) the Montana historical society.

(2) The subcommittee shall approve, modify, or disapprove the recommendations on retention schedules of all public records.

(3) Except as provided in subsection (4), no public record may be disposed of or destroyed without the unanimous approval of the subcommittee. When approval is required, a request for the disposal or destruction must be submitted to the subcommittee by the agency concerned.

(4) The subcommittee may by unanimous approval establish categories of records for which no disposal request is required if those records are retained for the designated retention period.
Mont. Code Ann. § 2-18-809 — MT Code / Title 2 / Chapter 18 / Part 8 / Section 2-18-809
2-18-809 Definitions
Status: in_force

2-18-809 . Definitions. As used in this part, the following definitions apply:

(1) "Advisory council" means the state employee group benefits advisory council provided for in 2-15-1016 .

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

(3) "Flexible spending account" means a funding and accounting arrangement allowed by federal law that:

(a) gives a state employee a choice between receiving taxable salary or having a part of the employee's salary withheld; and

(b) provides for depositing any portion of the state employee's salary withheld and any employer contribution designated by the employee into an account and receiving from that account nontaxable reimbursement for certain out-of-pocket medical expenses of the state employee or a dependent of the employee.

(4) "Group benefits" means group hospitalization, health, medical, surgical, disability, life, and other similar and related group benefits provided to officers and employees of the state, including flexible spending account benefits. The term "group benefits" does not include casualty insurance, defined in 33-1-206 ; marine insurance, authorized in 33-1-209 and 33-1-221 through 33-1-229 ; property insurance, defined in 33-1-210 ; surety insurance, defined in 33-1-211 ; and title insurance, defined in 33-1-212 .

(5) (a) "State employee" means an employee of the state, specifically including a member or employee of the legislative branch of state government.

(b) The term "state employee" does not include employees of counties, cities, towns, school districts, or the Montana university system or a student intern, as defined in 2-18-101 .
Mont. Code Ann. § 2-9-102 — MT Code / Title 2 / Chapter 9 / Part 1 / Section 2-9-102
2-9-102 Governmental entities liable for torts except as specifically provided by legislature
Status: in_force

2-9-102 . Governmental entities liable for torts except as specifically provided by legislature. Every governmental entity is subject to liability for its torts and those of its employees acting within the scope of their employment or duties whether arising out of a governmental or proprietary function except as specifically provided by the legislature under Article II, section 18, of The Constitution of the State of Montana.
Mont. Code Ann. § 2-15-1204 — MT Code / Title 2 / Chapter 15 / Part 12 / Section 2-15-1204
2-15-1204 Division of disaster and emergency services
Status: in_force

2-15-1204 . Division of disaster and emergency services. A division of disaster and emergency services is established in the department of military affairs.