Mont. Code Ann. § 2-7-506 — MT Code / Title 2 / Chapter 7 / Part 5 / Section 2-7-506
2-7-506 Audit by independent auditor
Status: in_force

2-7-506 . Audit by independent auditor. (1) The department may prepare and maintain a roster of independent auditors authorized to conduct audits of local government entities. The roster must be available to local government entities subject to the reporting requirements of 2-7-503 .

(2) The department, in consultation with the board, shall adopt rules governing the:

(a) criteria for the selection of the independent auditor;

(b) procedures and qualifications for placing applicants on the roster;

(c) procedures for reviewing the qualifications of independent auditors on the roster to justify their continuance on the roster; and

(d) fees payable to the department for application for placement on the roster.

(3) An audit made by an independent auditor must be pursuant to a contract entered into by the governing body or managing or executive officer of the local government. The department must be a party to the contract and the contract may not be executed until it is signed by the department. All contracts for conducting audits must be in a form prescribed or approved by the department.

(4) The department shall notify the local government entity of a required audit, the date the report is due, and the requirement that the local government entity, the independent auditor, and the department must be parties to the contract.

(5) If a local government entity fails to present a signed contract to the department for approval within 90 days of receipt of the audit notice, the department may designate an independent auditor to perform the audit. The costs incurred by the department in arranging the audit must be paid by the local government entity to the department in the manner of other claims against the local government entity.
Mont. Code Ann. § 2-2-202 — MT Code / Title 2 / Chapter 2 / Part 2 / Section 2-2-202
2-2-202 Public officers not to have interest in sales or purchases
Status: in_force

2-2-202 . Public officers not to have interest in sales or purchases. State, county, town, township, and city officers must not be purchasers at any sale or vendors at any purchase made by them in their official capacity.
Mont. Code Ann. § 2-18-704 — MT Code / Title 2 / Chapter 18 / Part 7 / Section 2-18-704
2-18-704 Mandatory provisions
Status: in_force

2-18-704 . (Temporary) Mandatory provisions. (1) An insurance contract or plan issued under this part must contain provisions that permit:

(a) the member of a group who retires from active service under the appropriate retirement provisions of a defined benefit plan provided by law or, in the case of the defined contribution plan provided in Title 19, chapter 3, part 21, a member with at least 5 years of service and who is at least age 50 while in covered employment to remain a member of the group until the member becomes eligible for medicare under the federal Health Insurance for the Aged Act, 42 U.S.C. 1395, unless the member is a participant in another group plan with substantially the same or greater benefits at an equivalent cost or unless the member is employed and, by virtue of that employment, is eligible to participate in another group plan with substantially the same or greater benefits at an equivalent cost;

(b) the surviving spouse of a member to remain a member of the group as long as the spouse is eligible for retirement benefits accrued by the deceased member as provided by law unless the spouse is eligible for medicare under the federal Health Insurance for the Aged Act or unless the spouse has or is eligible for equivalent insurance coverage as provided in subsection (1)(a);

(c) the surviving children of a member to remain members of the group as long as they are eligible for retirement benefits accrued by the deceased member as provided by law unless they have equivalent coverage as provided in subsection (1)(a) or are eligible for insurance coverage by virtue of the employment of a surviving parent or legal guardian.

(2) An insurance contract or plan issued under this part must contain the provisions of subsection (1) for remaining a member of the group and also must permit:

(a) the spouse of a retired member the same rights as a surviving spouse under subsection (1)(b);

(b) the spouse of a retiring member to convert a group policy as provided in 33-22-508 ; and

(c) continued membership in the group by anyone eligible under the provisions of this section, notwithstanding the person's eligibility for medicare under the federal Health Insurance for the Aged Act.

(3) (a) A state insurance contract or plan must contain provisions that permit a legislator to remain a member of the state's group plan until the legislator becomes eligible for medicare under the federal Health Insurance for the Aged Act if the legislator:

(i) terminates service in the legislature and is a vested member of a state retirement system provided by law; and

(ii) notifies the department of administration in writing within 90 days of the end of the legislator's legislative term.

(b) A former legislator may not remain a member of the group plan under the provisions of subsection (3)(a) if the person:

(i) is a member of a plan with substantially the same or greater benefits at an equivalent cost; or

(ii) is employed and, by virtue of that employment, is eligible to participate in another group plan with substantially the same or greater benefits at an equivalent cost.

(c) A legislator who remains a member of the group under the provisions of subsection (3)(a) and subsequently terminates membership may not rejoin the group plan unless the person again serves as a legislator.

(4) (a) A state insurance contract or plan must contain provisions that permit continued membership in the state's group plan by a member of the judges' retirement system who leaves judicial office but continues to be an inactive vested member of the judges' retirement system as provided by 19-5-301 . The judge shall notify the department of administration in writing within 90 days of the end of the judge's judicial service of the judge's choice to continue membership in the group plan.

(b) A former judge may not remain a member of the group plan under the provisions of this subsection (4) if the person:

(i) is a member of a plan with substantially the same or greater benefits at an equivalent cost;

(ii) is employed and, by virtue of that employment, is eligible to participate in another group plan with substantially the same or greater benefits at an equivalent cost; or

(iii) becomes eligible for medicare under the federal Health Insurance for the Aged Act.

(c) A judge who remains a member of the group under the provisions of this subsection (4) and subsequently terminates membership may not rejoin the group plan unless the person again serves in a position covered by the state's group plan.

(5) A person electing to remain a member of the group under subsection (1), (2), (3), or (4) shall pay the full premium for coverage and for that of the person's covered dependents.

(6) An insurance contract or plan issued under this part that provides for the dispensing of prescription drugs by an out-of-state mail order pharmacy, as defined in 37-7-702 :

(a) must permit any member of a group to obtain prescription drugs from a pharmacy located in Montana that is willing to match the price charged to the group or plan and to meet all terms and conditions, including the same professional requirements that are met by the mail order pharmacy for a drug, without financial penalty to the member; and

(b) may only be with an out-of-state mail order pharmacy that is registered with the board under Title 37, chapter 7, part 7, and that is registered in this state as a foreign corporation.

(7) An insurance contract or plan issued under this part must include coverage for:

(a) treatment of inborn errors of metabolism, as provided for in 33-22-131 ;

(b) therapies for Down syndrome, as provided in 33-22-139 ;

(c) treatment for children with various auditory ranges as provided in 33-22-128 (1) and (2);

(d) fertility preservation services as required under 33-22-2103 ;

(e) the care and treatment of mental illness in accordance with the provisions of Title 33, chapter 22, part 7;

(f) telehealth services, as provided for in 33-22-138 ; and

(g) refills of prescription eyedrops as provided in 33-22-154 .

(8) (a) An insurance contract or plan issued under this part that provides coverage for an individual in a member's family must provide coverage for well-child care for children from the moment of birth through 7 years of age. Benefits provided under this coverage are exempt from any deductible provision that may be in force in the contract or plan.

(b) Coverage for well-child care under subsection (8)(a) must include:

(i) a history, physical examination, developmental assessment, anticipatory guidance, and laboratory tests, according to the schedule of visits adopted under the early and periodic screening, diagnosis, and treatment services program provided for in 53-6-101 ; and

(ii) routine immunizations according to the schedule for immunization recommended by the advisory committee on immunization practices of the U.S. department of health and human services.

(c) Minimum benefits may be limited to one visit payable to one provider for all of the services provided at each visit as provided for in this subsection (8).

(d) For purposes of this subsection (8):

(i) "developmental assessment" and "anticipatory guidance" mean the services described in the Guidelines for Health Supervision II, published by the American academy of pediatrics; and

(ii) "well-child care" means the services described in subsection (8)(b) and delivered by a physician or a health care professional supervised by a physician.

(9) Upon renewal, an insurance contract or plan issued under this part under which coverage of a dependent terminates at a specified age must continue to provide coverage for any dependent, as defined in the insurance contract or plan, until the dependent reaches 26 years of age. For insurance contracts or plans issued under this part, the premium charged for the additional coverage of a dependent, as defined in the insurance contract or plan, may be required to be paid by the insured and not by the employer.

(10) Prior to issuance of an insurance contract or plan under this part, written informational materials describing the contract's or plan's cancer screening coverages must be provided to a prospective group or plan member.

(11) The state employee group benefit plans and the Montana university system group benefits plans must provide coverage for hospital inpatient care for a period of time as is determined by the attending physician and, in the case of a health maintenance organization, the primary care physician, in consultation with the patient to be medically necessary following a mastectomy, a lumpectomy, or a lymph node dissection for the treatment of breast cancer.

(12) (a) (i) The state employee group benefit plans and the Montana university system group benefits plans must provide coverage for medically necessary and prescribed outpatient self-management training and education for the treatment of diabetes. Any education must be provided by a licensed health care professional with expertise in diabetes. At a minimum, the benefit must consist of:

(A) 20 visits of training and education in diabetes self-management provided in either an individual or group setting if the person has not received the training and education previously; and

(B) 12 visits of followup diabetes self-management training and education services in subsequent years for an insured who has previously received and exhausted the initial 20 visits of education.

(ii) For the purposes of this subsection (12)(a), the term "visit" refers to a period of 30 minutes.

(b) The state employee group benefit plans and the Montana university system group benefits plans must provide coverage for diabetic equipment and supplies that at a minimum includes insulin, syringes, injection aids, devices for self-monitoring of glucose levels (including those for the visually impaired), test strips, visual reading and urine test strips, one insulin pump for each warranty period, accessories to insulin pumps, one prescriptive oral agent for controlling blood sugar levels for each class of drug approved by the United States food and drug administration, and glucagon emergency kits.

(c) Nothing in subsection (12)(a) or (12)(b) prohibits the state or the Montana university group benefit plans from providing a greater benefit or an alternative benefit of substantially equal value, in which case subsection (12)(a) or (12)(b), as appropriate, does not apply.

(d) Annual copayment and deductible provisions are subject to the same terms and conditions applicable to all other covered benefits within a given policy.

(e) This subsection (12) does not apply to disability income, hospital indemnity, medicare supplement, accident-only, vision, dental, specific disease, or long-term care policies offered by the state or the Montana university system as benefits to employees, retirees, and their dependents.

(13) (a) Except as provided in subsection (16), the state employee group benefit plans and the Montana university system group benefits plans that provide coverage to the spouse or dependents of a peace officer as defined in 45-2-101 , a game warden as defined in 19-8-101 , a firefighter as defined in 19-13-104 , or a volunteer firefighter as defined in 19-17-102 shall renew the coverage of the spouse or dependents if the peace officer, game warden, firefighter, or volunteer firefighter dies within the course and scope of employment. Except as provided in subsection (13)(b), the continuation of the coverage is at the option of the spouse or dependents. Renewals of coverage under this section must provide for the same level of benefits as is available to other members of the group. Premiums charged to a spouse or dependent under this section must be the same as premiums charged to other similarly situated members of the group. Dependent special enrollment must be allowed under the terms of the insurance contract or plan. The provisions of this subsection (13)(a) are applicable to a spouse or dependent who is insured under a COBRA continuation provision.

(b) The state employee group benefit plans and the Montana university system group benefits plans subject to the provisions of subsection (13)(a) may discontinue or not renew the coverage of a spouse or dependent only if:

(i) the spouse or dependent has failed to pay premiums or contributions in accordance with the terms of the state employee group benefit plans and the Montana university system group benefits plans or if the plans have not received timely premium payments;

(ii) the spouse or dependent has performed an act or practice that constitutes fraud or has made an intentional misrepresentation of a material fact under the terms of the coverage; or

(iii) the state employee group benefit plans and the Montana university system group benefits plans are ceasing to offer coverage in accordance with applicable state law.

(14) The state employee group benefit plans and the Montana university system group benefits plans must comply with the provisions of 33-22-153 , 33-32-108 , and 33-32-109 .

(15) An insurance contract or plan issued under this part and a group benefits plan issued by the Montana university system must provide mental health coverage that meets the provisions of Title 33, chapter 22, part 7.

(16) The employing state agency of a law enforcement officer as defined in 2-15-2040 who is covered under the state employee group benefit plan shall:

(a) if the officer is catastrophically injured in the line of duty as defined in 2-15-2040 , enroll the officer and the officer's covered spouse or dependent children in COBRA continuation coverage when that officer is terminated from employment as a result of the catastrophic injury. The officer and the officer's spouse or dependent children may opt out of COBRA continuation coverage within 60 days of enrollment.

(b) enroll the officer's covered spouse or dependent children in COBRA continuation coverage if the officer dies in the line of duty as defined in 2-15-2040 . The officer's spouse or dependent children may opt out of COBRA coverage within 60 days of the date of enrollment.

(c) pay the COBRA premium for 4 months of COBRA continuation coverage for the officer and the officer's covered spouse or dependent children enrolled in COBRA continuation coverage pursuant to subsections (16)(a) or (16)(b), after which time the officer and the officer's spouse or dependent children shall pay the COBRA premium. (See compiler's comments for contingent termination of certain text.)
Mont. Code Ann. § 2-11-101 — MT Code / Title 2 / Chapter 11 / Part 1 / Section 2-11-101
2-11-101 Short title
Status: in_force

2-11-101 . Short title. This part may be cited as the "Government Accountability Act".
Mont. Code Ann. § 2-18-1011 — MT Code / Title 2 / Chapter 18 / Part 10 / Section 2-18-1011
2-18-1011 Classification or compensation grievance -- retaliation -- hearing on complaint
Status: in_force

2-18-1011 . Classification or compensation grievance -- retaliation -- hearing on complaint. (1) An employee or the employee's representative affected by the implementation of parts 1 through 3 of this chapter is entitled to file a complaint with the board of personnel appeals provided for in 2-15-1705 and to be heard under the provisions of a grievance procedure to be prescribed by the board.

(2) Direct or indirect interference, restraint, coercion, or retaliation by an employee's supervisor or the agency for which the employee works or by any other agency of state government against an employee because the employee has filed or attempted to file a complaint with the board is also a basis for a complaint and entitles the employee to file a complaint with the board and to be heard under the provisions of the grievance procedure prescribed by the board.

(3) An action that attempts to revise the determination of an employee's classification and that involves an employee exercising a right conferred by 2-18-1011 through 2-18-1013 in a way that would adversely affect the employee prior to final resolution or entry of a final order with respect to the action is presumed to be interference, restraint, coercion, or retaliation prohibited by subsection (2) unless the review was commenced or scheduled prior to filing of the appeal and was not prompted by the grievance appealed from. The presumption is rebuttable.
Mont. Code Ann. § 2-18-1305 — MT Code / Title 2 / Chapter 18 / Part 13 / Section 2-18-1305
2-18-1305 Rulemaking authority
Status: in_force

2-18-1305 . Rulemaking authority. The department shall adopt rules to implement the provisions of this part. The rules must be designed to allow the plan to conform to federal law.
Mont. Code Ann. § 2-15-1701 — MT Code / Title 2 / Chapter 15 / Part 17 / Section 2-15-1701
2-15-1701 Department of labor and industry -- head
Status: in_force

2-15-1701 . Department of labor and industry -- head. (1) There is a department of labor and industry. As prescribed in Article XII, section 2, of the Montana constitution, the department head is the commissioner of labor and industry.

(2) The commissioner must be appointed and serve as provided in 2-15-111 .

(3) The commissioner must receive an annual salary in an amount equal to other department directors.

(4) Before entering on the duties of the office, the commissioner shall take and subscribe to the oath of office prescribed by the Montana constitution.
Mont. Code Ann. § 2-16-603 — MT Code / Title 2 / Chapter 16 / Part 6 / Section 2-16-603
2-16-603 Officers subject to recall -- grounds for recall
Status: in_force

2-16-603 . Officers subject to recall -- grounds for recall. (1) Any person holding a public office of the state or any of its political subdivisions, either by election or appointment, is subject to recall from office.

(2) A public officer holding an elective office may be recalled by the qualified electors entitled to vote for the elective officer's successor. A public officer holding an appointive office may be recalled by the qualified electors entitled to vote for the successor or successors of the elective officer or officers who have the authority to appoint a person to that position.

(3) Physical or mental lack of fitness, incompetence, violation of the oath of office, official misconduct, or conviction of a felony offense enumerated in Title 45 are the only grounds for recall. A person may not be recalled for performing a mandatory duty of the office that the person holds or for not performing any act that, if performed, would subject the person to prosecution for official misconduct.
Mont. Code Ann. § 2-3-202 — MT Code / Title 2 / Chapter 3 / Part 2 / Section 2-3-202
2-3-202 Meeting defined
Status: in_force

2-3-202 . Meeting defined. As used in this part, "meeting" means the convening of a quorum of the constituent membership of a public agency or association described in 2-3-203 , whether corporal or by means of electronic equipment, to hear, discuss, or act upon a matter over which the agency has supervision, control, jurisdiction, or advisory power.
Mont. Code Ann. § 2-8-102 — MT Code / Title 2 / Chapter 8 / Part 1 / Section 2-8-102
2-8-102 Definitions
Status: in_force

2-8-102 . 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 department of state government.

(2) "Performance audit" means an examination of the effectiveness of administration and its efficiency and adequacy in terms of the program of a state agency authorized by law to be performed and the conformance of expenditures with legislative intent. Audits conducted shall include an analysis of the operation of the agency, with special regard to the duplication of efforts between the audited agency or program and other agencies or programs and the quality of service being rendered.

(3) "Program" means any legislatively or administratively created function, project, or duty of an agency.
Mont. Code Ann. § 2-4-602 — MT Code / Title 2 / Chapter 4 / Part 6 / Section 2-4-602
2-4-602 Discovery
Status: in_force

2-4-602 . Discovery. Each agency shall provide in its rules of practice for discovery prior to a contested case hearing.
Mont. Code Ann. § 2-15-3304 — MT Code / Title 2 / Chapter 15 / Part 33 / Section 2-15-3304
2-15-3304 State coordinator for rangeland resources
Status: in_force

2-15-3304 . State coordinator for rangeland resources. The department shall maintain and staff the office of state coordinator for the Montana Rangeland Resources Act.
Mont. Code Ann. § 2-15-2051 — MT Code / Title 2 / Chapter 15 / Part 20 / Section 2-15-2051
2-15-2051 Judicial performance evaluation commission -- appointment -- members -- rulemaking
Status: in_force

2-15-2051 . (Temporary) Judicial performance evaluation commission -- appointment -- members -- rulemaking. (1) There is a judicial performance evaluation commission. The commission consists of 11 members as follows:

(a) one member appointed by the president of the senate and one member appointed by the senate minority leader;

(b) one member appointed by the speaker of the house of representatives and one member appointed by the house minority leader;

(c) four members appointed by the governor, including only one member currently or formerly licensed to practice law in Montana; and

(d) three members appointed by the chief justice of the supreme court, including only one member currently or formerly licensed to practice law in Montana.

(2) A person currently serving as a legislator or a judge may not be appointed to the commission.

(3) (a) A commission member appointed under subsection (1) serves a 4-year term. Terms of the commission members must be staggered.

(b) A member may not serve more than three consecutive terms.

(c) When a vacancy arises in the commission, the replacement must be appointed for the unexpired term by the same appointing authority that appointed the member whose departure created the vacancy.

(4) The commission shall elect a presiding officer from among its members.

(5) The commission shall provide recommendations to the legislature regarding the commission's budget and if the judicial performance evaluation program should be expanded to other courts.

(6) The commission may adopt rules to implement the provisions of 3-1-1702 through 3-1-1706 . (Terminates June 30, 2035--sec. 14, Ch. 765, L. 2025.)
Mont. Code Ann. § 2-1-306 — MT Code / Title 2 / Chapter 1 / Part 3 / Section 2-1-306
2-1-306 Withdrawal of consent to state jurisdiction
Status: in_force

2-1-306 . (Temporary) Withdrawal of consent to state jurisdiction. (1) No sooner than 6 months after April 24, 1993, and after consulting with local government officials concerning implementation, the Confederated Salish and Kootenai tribes may, by tribal resolution, withdraw consent to be subject to the criminal jurisdiction of the state of Montana. Within 6 months after receipt of the resolution, the governor shall issue a proclamation to that effect.

(2) The Confederated Salish and Kootenai tribes may, by separate resolution, withdraw consent to be subject to those areas of civil jurisdiction of the state of Montana that are delineated in tribal ordinance 40-A (revised and enacted May 5, 1965). The withdrawal is limited to those delineated areas of civil jurisdiction agreed upon in writing by the governor after consultation with the attorney general and officials of affected local governments. The tribes shall initiate this process by sending a certified letter to the governor. After consultation and execution of a written agreement between the governor and the tribes, the agreed-upon civil areas must be incorporated into a tribal resolution to be enacted by the tribes. Within 6 months after receipt of the tribal resolution, the governor shall issue a proclamation to that effect that reflects the terms of the written agreement.

(3) No sooner than 6 months after July 1, 2021, and after consulting with tribal government officials concerning withdrawal, the board of county commissioners of Lake County may, by resolution, withdraw consent to enforce criminal jurisdiction on behalf of the state of Montana over the Confederated Salish and Kootenai tribes. Within 6 months after receipt of the resolution, the governor shall issue a proclamation to that effect.

(4) Subsections (1) through (3) do not alter the existing jurisdiction or authority of the Confederated Salish and Kootenai tribes or the state of Montana, except as expressly provided for in subsections (1) through (3). (Terminates June 30, 2031--sec. 1, Ch. 764, L. 2025.)
Mont. Code Ann. § 2-16-634 — MT Code / Title 2 / Chapter 16 / Part 6 / Section 2-16-634
2-16-634 Expenses of election
Status: in_force

2-16-634 . Expenses of election. Expenses of a recall election shall be paid in the same manner as the expenses for any other election. The expenditure of such funds constitutes an emergency expenditure of funds, and the political subdivision affected may fund the costs of such an election through emergency funding procedures. In the event a recall election is held for a state or state-district officer, the legislature shall appropriate funds to reimburse the counties involved for costs incurred in running the election.
Mont. Code Ann. § 2-9-506 — MT Code / Title 2 / Chapter 9 / Part 5 / Section 2-9-506
2-9-506 Approval, filing, record, and custody
Status: in_force

2-9-506 . Approval, filing, record, and custody. (1) The approval of every official bond must be endorsed thereon and signed by the officer approving the same. No officer with whom any official bond is required to be filed must file such bond until approved.

(2) Every official bond must be filed in the proper office within the time prescribed for filing the oath unless otherwise expressly provided by statute.

(3) Official bonds must be recorded in a book kept for the purpose and entitled "Record of Official Bonds".

(4) Every officer with whom official bonds are filed must carefully keep and preserve the same and give certified copies thereof to any person demanding the same upon being paid the same fees as are allowable by law for certified copies of papers in other cases.
Mont. Code Ann. § 2-1-206 — MT Code / Title 2 / Chapter 1 / Part 2 / Section 2-1-206
2-1-206 Cession and retrocession of jurisdiction over Blackfeet highway
Status: in_force

2-1-206 . Cession and retrocession of jurisdiction over Blackfeet highway. (1) Concurrent police jurisdiction shall be and the same is hereby granted to the United States of America over and within all the territory which is now or may hereafter be included in the rights-of-way of the Blackfeet highway, including the highway itself throughout its length between Glacier Park Station and the Canadian boundary line and the rights-of-way of the highways on the Blackfeet Indian reservation connecting the Blackfeet highway with the Glacier park road system, including the highways themselves.

(2) Jurisdiction herein granted shall not vest until the United States of America, through the proper officers, notifies the governor of the state of Montana that it assumes concurrent police jurisdiction over the said rights-of-way and the said highways.

(3) The provisions of the act of congress of March 15, 1958, Public Law 85-343, 85th congress, S.1828, 72 Stat. 35-36, to retrocede to the state of Montana such concurrent police jurisdiction as has been ceded to the United States of America over the rights-of-way of the Blackfeet highway, including the highway itself, and over the rights-of-way of its connection with the Glacier national park road system on the Blackfeet Indian reservation, including the highways themselves, are hereby accepted by the state of Montana as required by section 2 of said act of March 15, 1958 (72 Stat. 35-36), with the understanding on the part of the state of Montana that the laws and regulations of the United States of America pertaining to Glacier national park shall cease to apply to the territory of said rights-of-way and highways as in said act of the congress made and provided.
Mont. Code Ann. § 2-9-507 — MT Code / Title 2 / Chapter 9 / Part 5 / Section 2-9-507
2-9-507 Sureties' qualifications
Status: in_force

2-9-507 . Sureties' qualifications. (1) The individual sureties on all official bonds shall justify, before an officer authorized to administer oaths, by an affidavit to the effect that they are residents and householders or freeholders within the state and that each is worth the sum for which the individual becomes surety in the bond over and above the individual's just debts and liabilities, exclusive of property exempt from execution.

(2) A surety company or corporation organized under or that has complied with the laws of this state and that has been duly licensed to do business in this state may not be required to justify as a surety. A company or corporation may not be accepted as a surety in a case when its liabilities exceed its assets, as ascertained in the manner provided by law.

(3) A member of the board of county commissioners may not be accepted as a surety upon the official bond of any county, township, or school district officer in the commissioner's county, and a county officer may not be a surety upon the official bond of any other county officer.
Mont. Code Ann. § 2-15-1758 — MT Code / Title 2 / Chapter 15 / Part 17 / Section 2-15-1758
2-15-1758 Board of real estate appraisers
Status: in_force

2-15-1758 . Board of real estate appraisers. (1) In accordance with 37-1-123 , there is a board of real estate appraisers.

(2) The board consists of five members:

(a) four real estate appraisers, of whom two members are certified general appraisers and two members are certified residential appraisers; and

(b) one public member.

(3) The board is allocated to the department as prescribed in 2-15-121 .
Mont. Code Ann. § 2-18-104 — MT Code / Title 2 / Chapter 18 / Part 1 / Section 2-18-104
2-18-104 Exemption for personal staff -- limit
Status: in_force

2-18-104 . Exemption for personal staff -- limit. (1) Subject to the limitations in subsections (2) and (3), members of a personal staff are exempt from parts 1 through 3 and 10.

(2) The personal staff who are exempted by subsection (1) may not exceed 10 unless otherwise approved by the department according to criteria developed by the department. Except as provided in subsection (5)(a), under no circumstances may the total exemptions of each elected official exceed 15.

(3) The number of members of the personal staff of the public service commission who are exempted by subsection (1) may not exceed 6.

(4) The number of members of the personal staff of the leadership of the legislature who are exempted by subsection (1) may not exceed:

(a) one personal staff for the speaker of the house of representatives;

(b) one personal staff for the minority leader of the house of representatives;

(c) one personal staff for the president of the senate; and

(d) one personal staff for the minority leader of the senate.

(5) (a) The number of members of the personal staff to be appointed by and serve at the pleasure of the agency head and be exempted by subsection (1) may not exceed the following:

(i) two personal staff for the following departments:

(A) administration;

(B) agriculture;

(C) commerce; and

(D) military affairs; and

(ii) three personal staff for the following departments:

(A) corrections;

(B) environmental quality;

(C) fish, wildlife, and parks;

(D) labor and industry;

(E) natural resources and conservation;

(F) public health and human services;

(G) revenue; and

(H) transportation; and

(iii) for an agency with an elected official listed in Article VI, section 1, of the Montana constitution, a number of personal staff in excess of the limitations in subsection (2) but not to exceed 3% of the agency's full-time employees.

(b) When appointing personal staff under subsection (5)(a), only an existing full-time equivalent personnel position may be used. Agencies may not create a new full-time equivalent personnel position when appointing personal staff.

(c) For the purposes of subsection (5)(a)(iii), the number of full-time employees is determined pursuant to 2-18-204 and is within an agency's base budget as defined in 17-7-102 .
Mont. Code Ann. § 2-18-502 — MT Code / Title 2 / Chapter 18 / Part 5 / Section 2-18-502
2-18-502 Computation of meal allowance
Status: in_force

2-18-502 . Computation of meal allowance. (1) Except as provided in 5-2-302 and subsections (2) and (4) of this section, an employee is eligible for the meal allowance provided in 2-18-501 only if the employee is in a travel status for more than 3 continuous hours during the following hours:

(a) for non-night-shift hours:

(i) for the morning meal allowance, between the hours of 12:01 a.m. and 10 a.m.;

(ii) for the midday meal allowance, between the hours of 10:01 a.m. and 3 p.m.; and

(iii) for the evening meal allowance, between the hours of 3:01 p.m. and 12 midnight;

(b) for night-shift hours:

(i) for the evening meal allowance, between the hours of 12:01 p.m. and 10 p.m.;

(ii) for the midnight meal allowance, between the hours of 10:01 p.m. and 3 a.m.; and

(iii) for the early morning meal allowance, between the hours of 3:01 a.m. and 12 noon.

(2) An eligible employee may receive:

(a) only one of the three meal allowances provided, if the travel was performed within the employee's assigned travel shift; or

(b) a maximum of two meal allowances if the travel begins before or was completed after the employee's assigned travel shift and the travel did not exceed 24 hours.

(3) "Travel shift" is that period of time beginning 1 hour before and terminating 1 hour after the employee's normally assigned work shift.

(4) An appointed member of a state board, commission, or council is entitled to a midday meal allowance on a day the individual is attending a meeting of the board, commission, or council, regardless of proximity of the meeting place to the individual's residence or headquarters.

(5) The department of administration shall prescribe policies necessary to effectively administer this section for state government.
Mont. Code Ann. § 2-15-1765 — MT Code / Title 2 / Chapter 15 / Part 17 / Section 2-15-1765
2-15-1765 Board of plumbers
Status: in_force

2-15-1765 . Board of plumbers. (1) In accordance with 37-1-123 , there is a board of plumbers.

(2) The board consists of seven members:

(a) two master plumbers;

(b) two journey level plumbers;

(c) one professional engineer qualified in mechanical engineering;

(d) one representative of the department of environmental quality, who must have experience in the regulation of drinking water systems; and

(e) one public member.

(3) The board is allocated to the department for administrative purposes only as prescribed in 2-15-121 .
Mont. Code Ann. § 2-15-701 — MT Code / Title 2 / Chapter 15 / Part 7 / Section 2-15-701
2-15-701 Superintendent of public instruction
Status: in_force

2-15-701 . Superintendent of public instruction. There is a superintendent of public instruction as provided in Article VI, section 1, of the Montana constitution. The election, qualifications, and term of office of the superintendent are provided for in Title 20, chapter 3.
Mont. Code Ann. § 2-17-543 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-543
2-17-543 9-1-1 and mutual aid frequency programs -- rulemaking authority
Status: in_force

2-17-543 . 9-1-1 and mutual aid frequency programs -- rulemaking authority. (1) The department of justice shall:

(a) coordinate public safety communications on behalf of public and private safety agencies as provided in 2-17-544 , 2-17-545 , and this section; and

(b) manage the state 9-1-1 program as provided for in Title 10, chapter 4, part 3.

(2) The department of justice may adopt rules to implement the mutual aid frequency manual provided for in 2-17-545 .

(3) The department of justice shall obtain input from all public and private safety agency users of mutual aid frequencies for land mobile radio.

(4) As used in 2-17-544 and this section, "public safety agency" and "private safety agency" have the same meanings as provided in 10-4-101 .
Mont. Code Ann. § 2-18-203 — MT Code / Title 2 / Chapter 18 / Part 2 / Section 2-18-203
2-18-203 Review of positions
Status: in_force

2-18-203 . Review of positions. (1) The department shall review the job evaluation factor of positions on a regular basis and may adjust the occupations for the positions to reflect significant changes in duties and responsibilities. If adjustments are to be made to benchmarks or criteria used for classifying positions affecting employees within a bargaining unit, the department shall consult with the representative of the bargaining unit prior to implementation of the adjustments, except for positions factored in the blue-collar pay plan, which must remain a mandatory negotiable item under Title 39, chapter 31.

(2) Employees and employee organizations must be given the opportunity to appeal a position classification. Classification standards are not appealable subjects under 2-18-1011 through 2-18-1013 .

(3) The period of time for which retroactive pay for a compensation or classification appeal may be awarded under 2-18-1011 through 2-18-1013 or under parts 1 through 3 of this chapter may not extend beyond 30 days prior to the date on which the appeal was filed.
Mont. Code Ann. § 2-15-404 — MT Code / Title 2 / Chapter 15 / Part 4 / Section 2-15-404
2-15-404 Electronic filing system -- requirements -- rules
Status: in_force

2-15-404 . Electronic filing system -- requirements -- rules. (1) As authorized by 2-15-401 , the secretary of state may develop and implement a statewide electronic filing system to accommodate the electronic filing of records and documents that are required to be filed in the office of the secretary of state.

(2) If the secretary of state develops and implements a statewide electronic filing system, the secretary of state shall establish a central database for all records and documents filed electronically with the secretary of state.

(3) If the secretary of state develops and implements a statewide electronic filing system, the secretary of state shall adopt rules that:

(a) provide procedures for entering data;

(b) provide security and protection of information in the system and monitor the database and other components of the system to ensure that unauthorized entry is precluded;

(c) require standardized information for entry into the system;

(d) prescribe an identification procedure for a person filing records or other documents or otherwise accessing the system;

(e) require each individual who is required to sign a document that is filed electronically to be specifically identified as acknowledging the document and giving assent to the electronic filing through an identification procedure unique to that individual;

(f) prescribe a procedure for certification of electronic filings by the secretary of state; and

(g) prescribe a procedure for converting an electronic filing to a paper copy and for certifying the paper copy for a person requesting a paper copy.

(4) The secretary of state shall cooperate with the department of administration in the development of any electronic filing system. The filing system must comply with the standards established pursuant to 2-17-512 .

(5) This section may not be construed to affect any requirement that a particular individual or officer of an organization acknowledge a document. Any person using an identification procedure in place of a signature or facsimile signature for any electronic filing is subject to the same civil and criminal penalties applicable to a person providing a signature or facsimile signature.

(6) An electronic filing system developed and implemented under this section may be constructed in phases as resources and technology allow.
Mont. Code Ann. § 2-15-1822 — MT Code / Title 2 / Chapter 15 / Part 18 / Section 2-15-1822
2-15-1822 Hard-rock mining impact board
Status: in_force

2-15-1822 . Hard-rock mining impact board. (1) There is a hard-rock mining impact board.

(2) The hard-rock mining impact board is a five-member board.

(3) (a) Subject to subsections (3)(b) and (3)(c), the hard-rock mining impact board must include among its members:

(i) a representative of the hard-rock mining industry;

(ii) a representative of a major financial institution in Montana;

(iii) a person who, when appointed to the board, is an elected school district trustee;

(iv) a person who, when appointed to the board, is an elected county commissioner;

(v) a member of the public at large.

(b) Three persons appointed to the board must reside in an area impacted or expected to be impacted by large-scale mineral development.

(c) At least two persons must be appointed from each district provided for in 2-15-156 .

(4) The hard-rock mining impact board is a quasi-judicial board subject to the provisions of 2-15-124 . The board shall elect a presiding officer from among its members.
Mont. Code Ann. § 2-17-552 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-552
2-17-552 Collection of personally identifiable information -- requirements
Status: in_force

2-17-552 . Collection of personally identifiable information -- requirements. (1) A government operator may not collect personally identifiable information online from a user unless the operator complies with the provisions of this section.

(2) (a) A government operator shall ensure the information delivery system or platform:

(i) identifies who operates the system;

(ii) provides both physical and electronic means for contacting the operator; and

(iii) generally describes the operator's information practices, including policies to protect the privacy of the user and the steps taken to protect the security of the collected information; and

(b) If the department determines that an agency is not in compliance with the state security policies, framework, controls, standards, procedures, and guidelines provided for in 2-17-534 , the department may take appropriate action, in its sole discretion, up to and including terminating the information technology resource and requiring the use of an alternative information technology resource.

(3) In addition to the requirements of subsection (2)(a), if the personally identifiable information may be used for a purpose other than the express purpose for the collection or may be given or sold to a third party, except as required by law, then the operator shall ensure that the information technology resource includes:

(a) a clear and conspicuous notice to the user that the information collected could be used for other than the purposes of the collection;

(b) a general description of the types of third parties that may obtain the information; and

(c) a clear, conspicuous, and easily understood online procedure requiring an affirmative expression of the user's permission before the information is collected.
Mont. Code Ann. § 2-15-247 — MT Code / Title 2 / Chapter 15 / Part 2 / Section 2-15-247
2-15-247 Terminated
Status: in_force

2-15-247 . Terminated. Sec. 10, Ch. 413, L. 2013.
Mont. Code Ann. § 2-17-505 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-505
2-17-505 Policy
Status: in_force

2-17-505 . Policy. (1) It is the policy of the state that information technology be used to improve the quality of life of Montana citizens by providing educational opportunities, creating quality jobs and a favorable business climate, improving government, and protecting individual privacy and the privacy of the information contained within information technology resources.

(2) It is the policy of the state that the development of information technology resources in the state must be conducted in an organized, deliberative, and cost-effective manner.

(3) It is the policy of the state that information technology is essential and vital to the people of the state of Montana, and the services, systems, and infrastructure are therefore considered to be an asset of the state.

(4) It is the policy of the state that commercial off-the-shelf information technology resources be used whenever feasible, rather than the commissioning of custom solutions.

(5) The following principles must guide the development of information technology resources:

(a) There are statewide information technology policies, framework, controls, standards, procedures, and guidelines applicable to all state agencies and other entities using an information technology resource.

(b) Mitigation of risks is a priority in order to protect individual privacy and the privacy of information contained within information technology resources as they become more interconnected and as the liabilities stemming from the risk to information technology have increased.

(c) Whenever feasible and not an undue risk, common data is entered once and shared among government entities at any level or political subdivision.

(d) Third-party providers of data, such as citizens, businesses, and other government entities, are responsible for the accuracy and integrity of the data provided to government entities.

(e) Third-party providers of information technology resources, such as infrastructure as a service, platform as a service, and software as a service, shall comply with state security and information technology policies, risk management framework, controls, standards, procedures, and guidelines when providing information technology resources to government entities.

(f) Government entities are required to conduct business through open, transparent processes to ensure accountability to the citizenry, and information technology provides access to information through simple and expeditious procedures.

(g) In order to minimize duplication, shared or similar information technology resources and data management applications must be implemented and managed in a coordinated manner.

(h) Planning and development of information technology resources are conducted in conjunction with budget development and approval.

(i) Information technology resources are deployed aggressively whenever it can be shown that it will provide improved services to Montana citizens.

(j) Public-private partnerships are used to deploy information technology resources when practical and cost-effective.

(k) Information technology resources are developed in cooperation with the federal government and local governments with the objective of providing seamless access to information and services to the greatest degree possible.

(l) Information technology resources are able to accommodate digital transmissions between the state and its citizens, businesses, and other government entities, including providing incentives for citizens and businesses to use digital government services.

(m) Information technology resources are able to embrace the economics of digitized records to avoid duplication and transport costs.

(n) Digital record creation, management, storage, and retrieval processes and procedures are used to create and deliver professional records management experiences for the citizens of Montana.

(o) Information technology resources are able to embrace continuous process improvement initiatives in order to keep pace with new and emerging technologies and delivery channels in order to allow citizens to determine when, where, and how they interact with government agencies.

(6) It is the policy of the state that the department must be accountable to the governor, the legislature, and the citizens of Montana.
Mont. Code Ann. § 2-15-115 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-115
2-15-115 Notice of estimated turnaround time on application for permit or license
Status: in_force

2-15-115 . Notice of estimated turnaround time on application for permit or license. (1) Except as provided in subsection (3), an application form issued by an agency that is an application for a permit or a license must include, either as an attachment or directly on the form, the estimated time it will take for the agency to process and act on a correctly completed application form.

(2) In specifying the estimated turnaround time, an agency may use either the average turnaround time for applications or an estimate based on the percentage of applications processed within the most common turnaround time.

(3) This section does not apply to an application processed on the same day that the application is received.
Mont. Code Ann. § 2-1-501 — MT Code / Title 2 / Chapter 1 / Part 5 / Section 2-1-501
2-1-501 Legislative finding -- direction to state agencies not to administer health insurance purchase requirement
Status: in_force

2-1-501 . Legislative finding -- direction to state agencies not to administer health insurance purchase requirement. (1) The legislature finds that the enactment by the U.S. congress of Public Law 111-148 and Public Law 111-152, requiring individuals to purchase health insurance and imposing on certain employers a liability for an assessable payment for not contributing toward employees' health insurance, will cause unneeded expense and inconvenience to individuals without health insurance and to those certain employers.

(2) Notwithstanding the provisions of 5-11-108 and 5-11-109 , an agency of this state, as defined in 2-18-101 , may not implement or enforce in any way the provisions of Public Law 111-148 and Public Law 111-152 or any federal regulation or policy implementing Public Law 111-148 and Public Law 111-152 that relates to the requirement for individuals to purchase health insurance and maintain minimum essential health insurance coverage.

(3) In addition to the provisions in subsection (2), the prohibition under this section includes:

(a) for the purposes of public employers, a prohibition on requiring any employee as defined in 2-18-701 to obtain or maintain a policy of health insurance to comply with Public Law 111-148 and Public Law 111-152; and

(b) participation by a state official or state employee on a board, a study commission, or a related entity of the national association of insurance commissioners assigned to recommend provisions to implement the individual mandate to purchase health insurance under the federal health care reforms provided in Public Law 111-148 and Public Law 111-152.

(4) This section does not interfere with:

(a) voluntary actions taken by individuals to purchase health insurance or to participate in health insurance exchanges; or

(b) the state requirement to purchase motor vehicle liability insurance as provided in 61-6-301 .
Mont. Code Ann. § 2-4-112 — MT Code / Title 2 / Chapter 4 / Part 1 / Section 2-4-112
2-4-112 Administrative rule review committee voting -- objections
Status: in_force

2-4-112 . Administrative rule review committee voting -- objections. (1) Except as provided in subsection (2), the speaker of the house and the president of the senate are ex officio voting members of each administrative rule review committee for the sole purpose of breaking a tie vote on a question before a committee involving an objection to an administrative rule pursuant to Title 2, chapter 4.

(2) If the speaker of the house, the president of the senate, or both, are members of an administrative rule review committee, the highest ranking officer of the majority party that is not a member of the committee is an ex officio voting member for the purposes of subsection (1). The ranking order for the:

(a) house is speaker pro tempore, majority leader, and majority whip; and

(b) senate is president pro tempore, majority leader, and majority whip.
Mont. Code Ann. § 2-15-112 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-112
2-15-112 Duties and powers of department heads
Status: in_force

2-15-112 . Duties and powers of department heads. (1) Except as otherwise provided by law, each department head shall:

(a) supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department by this chapter or other law;

(b) establish the policy to be followed by the department and employees;

(c) compile and submit reports and budgets for the department as required by law or requested by the governor;

(d) provide the governor with any information that the governor requests at any time on the operation of the department;

(e) represent the department in communications with the governor;

(f) (i) prescribe rules, consistent with law and rules established by the governor, for the:

(A) administration of the department;

(B) conduct of the employees;

(C) distribution and performance of business; and

(D) custody, use, and preservation of the records, documents, and property pertaining to department business.

(ii) The lieutenant governor, secretary of state, attorney general, auditor, and superintendent of public instruction may prescribe their own rules for their departments or offices, and the governor may not prescribe rules for them.

(iii) The rules described in this subsection (1)(f) are limited to statements concerning only the internal management of the agency and not affecting private rights or procedures available to the public. This section does not authorize the adoption of any rule as rules are defined in the Montana Administrative Procedure Act.

(g) subject to the approval of the governor, establish the internal organizational structure of the department and allocate the functions of the department to units to promote the economic and efficient administration and operation of the department. The internal structure of the department must be established in accordance with 2-15-104 (2).

(h) subject to law, establish and make appointments to necessary subordinate positions and abolish unnecessary positions;

(i) maintain a central office in Helena for the department and maintain other facilities throughout the state as may be required for the effective and efficient operation of the department.

(2) Except as otherwise provided by law, each department head may:

(a) subject to law, transfer employees between positions, remove persons appointed to positions, and change the duties, titles, and compensation of employees within the department;

(b) delegate any of the functions vested in the department head to subordinate employees;

(c) apply for, accept, administer, and expend funds, grants, gifts, and loans from the federal government or any other source in administering the department's functions;

(d) enter into agreements with federal, state, and local agencies necessary to carry out the department's functions; and

(e) eliminate positions within the department. If the salary for an eliminated position is not redistributed as provided for under 2-18-1107 , the office of budget and program planning shall increase the department's appropriation in the second year of the biennium by an amount equal to one-half of the savings resulting from the elimination of a position. The increased appropriation in the second year of the biennium may be expended at the discretion of the department head, provided that the expenditure is consistent with the goals and objectives of the department. The remaining one-half must revert to the original funding source. This subsection (2)(e) does not apply to an agency allocated to a department in either year of the 2 years of the biennium for administrative purposes, as provided in 2-15-121 .
Mont. Code Ann. § 2-4-614 — MT Code / Title 2 / Chapter 4 / Part 6 / Section 2-4-614
2-4-614 Record -- transcription
Status: in_force

2-4-614 . Record -- transcription. (1) The record in a contested case must include:

(a) all pleadings, motions, and intermediate rulings;

(b) all evidence received or considered, including a stenographic record of oral proceedings when demanded by a party;

(c) a statement of matters officially noticed;

(d) questions and offers of proof, objections, and rulings on those objections;

(e) proposed findings and exceptions;

(f) any decision, opinion, or report by the hearings examiner or agency member presiding at the hearing, which must be in writing;

(g) all staff memoranda or data submitted to the hearings examiner or members of the agency as evidence in connection with their consideration of the case.

(2) The stenographic record of oral proceedings or any part of the stenographic record must be transcribed on request of any party. Unless otherwise provided by statute, the cost of the transcription must be paid by the requesting party.
Mont. Code Ann. § 2-17-417 — MT Code / Title 2 / Chapter 17 / Part 4 / Section 2-17-417
2-17-417 Vehicle fleet energy conservation plan
Status: in_force

2-17-417 . Vehicle fleet energy conservation plan. (1) Before January 1, 2008, each agency shall develop and implement a program to reduce the fuel consumption of any agency vehicle, other than those vehicles listed in 2-17-416 (2), including:

(a) fuel consumption, miles traveled, and vehicle fleet fuel economy;

(b) car pooling and van pooling requirements for state employees when feasible; and

(c) options for cost-effective use of technologies that allow for a reduction in the number of car and van trips.

(2) Each agency shall include materials relating to travel conservation measures in new employee orientation and training materials.
Mont. Code Ann. § 2-16-616 — MT Code / Title 2 / Chapter 16 / Part 6 / Section 2-16-616
2-16-616 Form of recall petition
Status: in_force

2-16-616 . Form of recall petition. (1) The form of the recall petition must be substantially as follows:

WARNING

A person who knowingly signs a name other than the person's own to this petition, who signs the person's name more than once upon a petition to recall the same officer at one election, or who is not, at the time of signing this petition, a qualified elector of the state of Montana entitled to vote for the successor of the elected officer to be recalled or the successor or successors of the officer or officers who have the authority to appoint a person to the position held by the appointed officer to be recalled is punishable by a fine of no more than $500 or imprisonment in the county jail for a term not to exceed 6 months, or both, or a fine of $500 or imprisonment in the state prison for a term not to exceed 10 years, or both.

RECALL PETITION

To the Honorable ............, Secretary of State of the State of Montana (or name and office of other filing officer): We, the undersigned qualified electors of the State of Montana (or name of appropriate state-district or political subdivision) respectfully petition that an election be held as provided by law on the question of whether ..............., holding the office of ..............., should be recalled for the following reasons: (Setting out a general statement of the reasons for recall in not more than 200 words). Each signer certifies: I have personally signed this petition; I am a qualified elector of the state of Montana and (name of appropriate political subdivision); and my residence and post-office address are correctly written after my name to the best of my knowledge and belief.

(2) Numbered lines must follow the language in subsection (1). Each numbered line must contain spaces for the signature, post-office address, and printed last name of the signer. Each separate sheet of the petition must contain the heading and reasons for the proposed recall as prescribed in subsection (1).
Mont. Code Ann. § 2-15-2601 — MT Code / Title 2 / Chapter 15 / Part 26 / Section 2-15-2601
2-15-2601 Department of public service regulation -- head
Status: in_force

2-15-2601 . Department of public service regulation -- head. There is a department of public service regulation. The department head is the public service commission provided for in 2-15-2602 .
Mont. Code Ann. § 2-16-512 — MT Code / Title 2 / Chapter 16 / Part 5 / Section 2-16-512
2-16-512 Election by legislature if president of senate and speaker unable to assume office of governor
Status: in_force

2-16-512 . Election by legislature if president of senate and speaker unable to assume office of governor. (1) If neither the president of the senate nor the speaker of the house of representatives is able to assume the office of governor, the legislature, meeting in joint session, shall elect a governor and a lieutenant governor.

(2) When the speaker of the house becomes governor, the legislature will meet in joint session and shall elect a lieutenant governor.
Mont. Code Ann. § 2-18-401 — MT Code / Title 2 / Chapter 18 / Part 4 / Section 2-18-401
2-18-401 Central payroll system -- department to provide for inclusion of agencies
Status: in_force

2-18-401 . Central payroll system -- department to provide for inclusion of agencies. The department of administration shall install and operate a uniform state central payroll system for all state agencies, including units of the Montana university system. The department may provide for the orderly inclusion of state agencies into the system and may make exceptions from the operation of the system for periods that it determines necessary. The department shall adopt rules to implement the state central payroll system.
Mont. Code Ann. § 2-17-513 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-513
2-17-513 Duties of board
Status: in_force

2-17-513 . Duties of board. The board shall:

(1) provide a forum to:

(a) guide state agencies, the legislative branch, the judicial branch, and local governments in the development and deployment of intergovernmental information technology resources;

(b) share information among state agencies, local governments, and federal agencies regarding the development of information technology resources;

(2) advise the department:

(a) in the development of cooperative contracts for the purchase of information technology resources;

(b) regarding the creation, management, and administration of digital government services and information on the internet;

(c) regarding the administration of digital government services contracts;

(d) on the priority of government services to be provided digitally;

(e) on convenience fees prescribed in 2-17-1102 and 2-17-1103 , if needed, for digital government services; and

(f) on any other aspect of providing digital government services;

(3) review and advise the department on:

(a) statewide information technology policies, framework, controls, standards, procedures, and guidelines;

(b) the state strategic information technology plan;

(c) major information technology budget requests;

(d) rates and other charges for services established by the department as provided in 2-17-512 (1)(r);

(e) requests for exceptions as provided for in 2-17-515 ;

(f) notification of proposed exemptions by the university system and office of public instruction as provided for in 2-17-516 ;

(g) action taken by the department as provided in 2-17-514 (1) for any activity that is not in compliance with this part;

(h) the implementation of major information technology projects and advise the respective governing authority of any issue of concern to the board relating to implementation of the project; and

(i) financial reports, management reports, and other data as requested by the department;

(4) study state government's present and future information technology needs and advise the department on the use of emerging technology in state government;

(5) request information and reports that it considers necessary from any entity using or having access to the state telecommunications network or information technology resources;

(6) assist in identifying, evaluating, and prioritizing potential departmental and interagency digital government services;

(7) serve as a central coordination point for digital government services provided by the department and other state agencies;

(8) study, propose, develop, or coordinate any other activity in furtherance of digital government services as requested by the governor or the legislature; and

(9) prepare and submit to the state administration and veterans' affairs interim committee in accordance with 5-11-210 a report including but not necessarily limited to a summary of the board's activities, a review of the digital government program established under part 11 of this chapter, and any key findings and recommendations that the board presented to the department.
Mont. Code Ann. § 2-7-516 — MT Code / Title 2 / Chapter 7 / Part 5 / Section 2-7-516
2-7-516 Audit fees
Status: in_force

2-7-516 . Audit fees. (1) The compensation to the independent auditor for conducting an audit must be agreed upon by the governing body or managing or executive officer of the local government entity and the independent auditor and must be paid in the manner that other claims against the local government entity are paid.

(2) The compensation for an audit conducted by the department must be paid by the local government entity to the state treasurer and be deposited in an enterprise fund to the credit of the department.
Mont. Code Ann. § 2-2-136 — MT Code / Title 2 / Chapter 2 / Part 1 / Section 2-2-136
2-2-136 Enforcement for judicial officers, state officers, legislators, and state employees -- referral of complaint involving county attorney
Status: in_force

2-2-136 . Enforcement for judicial officers, state officers, legislators, and state employees -- referral of complaint involving county attorney. (1) (a) A person alleging a violation of this part by a judicial officer, state officer, legislator, or state employee may file a complaint with the commissioner of political practices. The commissioner does not have jurisdiction for a complaint concerning a judicial officer if a judicial act is involved in the complaint or a legislator if a legislative act is involved in the complaint. The commissioner also has jurisdiction over complaints against a county attorney that are referred by a local government review panel pursuant to 2-2-144 or filed by a person directly with the commissioner pursuant to 2-2-144 (6). If a complaint is filed against the commissioner or another individual employed in the office of the commissioner, the complaint must be resolved in the manner provided for in 13-37-111 (5).

(b) The commissioner may request additional information from the complainant or the person who is the subject of the complaint to make an initial determination of whether the complaint states a potential violation of this part.

(c) The commissioner may dismiss a complaint that is frivolous, does not state a potential violation of this part, or does not contain sufficient allegations to enable the commissioner to determine whether the complaint states a potential violation of this part.

(d) When a complaint is filed, the commissioner may issue statements or respond to inquiries to confirm that a complaint has been filed, to identify against whom it has been filed, and to describe the procedural aspects and status of the case.

(2) (a) If the commissioner determines that the complaint states a potential violation of this part, the commissioner shall hold an informal contested case hearing on the complaint as provided in Title 2, chapter 4, part 6. However, if the issues presented in a complaint have been addressed and decided in a prior decision and the commissioner determines that no additional factual development is necessary, the commissioner may issue a summary decision without holding an informal contested case hearing on the complaint.

(b) Except as provided in 2-3-203 , an informal contested case proceeding must be open to the public. Except as provided in Title 2, chapter 6, part 10, documents submitted to the commissioner for the informal contested case proceeding are presumed to be public information.

(c) The commissioner shall issue a decision based on the record established before the commissioner. The decision issued after a hearing is public information open to inspection.

(3) (a) Except as provided in subsection (3)(b), if the commissioner determines that a violation of this part has occurred, the commissioner may impose an administrative penalty of not less than $50 or more than $1,000.

(b) If the commissioner determines that a violation of 2-2-121 (3)(b) has occurred, the commissioner may impose an administrative penalty of not less than $500 or more than $10,000.

(c) If the violation was committed by a state employee, the commissioner may also recommend that the employing state agency discipline the employee. The employing entity of a state employee may take disciplinary action against an employee for a violation of this part, regardless of whether the commissioner makes a recommendation for discipline.

(d) The commissioner may assess the costs of the proceeding against the person bringing the charges if the commissioner determines that a violation did not occur or against the officer or employee if the commissioner determines that a violation did occur.

(4) A party may seek judicial review of the commissioner's decision, as provided in Title 2, chapter 4, part 7, after a hearing, a dismissal, or a summary decision issued pursuant to this section.

(5) The commissioner may adopt rules to carry out the responsibilities and duties assigned by this part.
Mont. Code Ann. § 2-15-2231 — MT Code / Title 2 / Chapter 15 / Part 22 / Section 2-15-2231
2-15-2231 Rare disease advisory council -- membership
Status: in_force

2-15-2231 . Rare disease advisory council -- membership. (1) There is a rare disease advisory council within the department of public health and human services provided for in 2-15-2201 to provide guidance, education, and recommendations to the public, the legislature, and other government agencies on the needs of individuals with rare diseases living in Montana.

(2) The council consists of 17 members, who, if possible, must be full-time residents of Montana representing the geographic and population diversity of the state as follows:

(a) one representative of an academic research institution in the state that receives grant funding for rare disease research;

(b) one representative of the Montana medicaid program;

(c) one representative of the department of labor and industry;

(d) one nurse or advanced practice registered nurse licensed and practicing in Montana with experience treating rare diseases;

(e) one physician practicing in Montana with experience treating rare diseases;

(f) one geneticist or genetic counselor;

(g) one hospital administrator or the administrator's designee from a hospital in Montana that provides care to individuals diagnosed with rare diseases;

(h) two individuals with rare diseases;

(i) one caregiver of an individual with a rare disease;

(j) one representative of a rare disease patient organization that operates in Montana;

(k) one pharmacist with experience dispensing drugs used to treat rare diseases;

(l) one representative of the biopharmaceutical industry;

(m) one representative of a health plan company;

(n) one representative of the scientific community who is engaged in rare disease research, including but not limited to a medical researcher with experience conducting research on rare diseases;

(o) one mental health provider with experience treating rare disease patients in Montana; and

(p) one representative of the Montana public health laboratory.

(3) (a) (i) Within 30 days after July 1, 2025, the governor shall appoint one member to serve as presiding officer of the advisory council for a 3-year term. The presiding officer may not hold a position within state government.

(ii) The governor shall appoint the remaining members of the advisory council for terms of not more than 4 years. The initial appointments may specify a shorter length of the initial term in order to stagger terms.

(b) At the end of the presiding officer's 3-year term and every 2 years afterward, the members of the advisory council shall elect a presiding officer by a majority vote.

(c) A member of the council may be reappointed.

(d) If a vacancy occurs, a new member must be appointed by the governor to fill the balance of the unexpired term.

(4) Advisory council members shall serve without additional compensation but are entitled to reimbursement for travel expenses as provided for in 2-18-501 through 2-18-503 .
Mont. Code Ann. § 2-16-613 — MT Code / Title 2 / Chapter 16 / Part 6 / Section 2-16-613
2-16-613 Limitations on recall petitions
Status: in_force

2-16-613 . Limitations on recall petitions. (1) A recall petition may not name more than one officer to be recalled.

(2) A recall petition against an officer may not be approved for circulation, as required in 2-16-617 (3), until an officer has held office for 2 months.

(3) A recall petition may not be filed against an officer for whom a recall election has been held for a period of 2 years during the officer's term of office unless the state or political subdivision or subdivisions financing the recall election are first reimbursed for all expenses of the preceding recall election.
Mont. Code Ann. § 2-17-403 — MT Code / Title 2 / Chapter 17 / Part 4 / Section 2-17-403
2-17-403 Requisitions for purchases
Status: in_force

2-17-403 . Requisitions for purchases. All requisitions for motor vehicle purchases must be submitted to the department of administration in the manner that the department specifies.
Mont. Code Ann. § 2-2-301 — MT Code / Title 2 / Chapter 2 / Part 3 / Section 2-2-301
2-2-301 Nepotism defined
Status: in_force

2-2-301 . Nepotism defined. Nepotism is the bestowal of political patronage by reason of relationship rather than of merit.
Mont. Code Ann. § 2-4-623 — MT Code / Title 2 / Chapter 4 / Part 6 / Section 2-4-623
2-4-623 Final orders -- notification -- availability
Status: in_force

2-4-623 . Final orders -- notification -- availability. (1) (a) A final decision or order adverse to a party in a contested case must be in writing. A final decision must include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Except as provided in 75-2-213 and 75-20-223 , a final decision must be issued within 90 days after a contested case is considered to be submitted for a final decision unless, for good cause shown, the period is extended for an additional time not to exceed 30 days.

(b) If an agency intends to issue a final written decision in a contested case that grants or denies relief and the relief that is granted or denied differs materially from a final agency decision that was orally announced on the record, the agency may not issue the final written decision without first providing notice to the parties and an opportunity to be heard before the agency.

(2) Findings of fact must be based exclusively on the evidence and on matters officially noticed.

(3) Each conclusion of law must be supported by authority or by a reasoned opinion.

(4) If, in accordance with agency rules, a party submitted proposed findings of fact, the decision must include a ruling upon each proposed finding.

(5) Parties must be notified by mail of any decision or order. Upon request, a copy of the decision or order must be delivered or mailed in a timely manner to each party and to each party's attorney of record.

(6) Each agency shall index and make available for public inspection all final decisions and orders, including declaratory rulings under 2-4-501 . An agency decision or order is not valid or effective against any person or party, and it may not be invoked by the agency for any purpose until it has been made available for public inspection as required in this section. This provision is not applicable in favor of any person or party who has actual knowledge of the decision or order or when a state statute or federal statute or regulation prohibits public disclosure of the contents of a decision or order.
Mont. Code Ann. § 2-12-105 — MT Code / Title 2 / Chapter 12 / Part 1 / Section 2-12-105
2-12-105 Annual performance report
Status: in_force

2-12-105 . Annual performance report. (1) No later than December 1, 2024, and no later than October 1 of each year afterward, each department shall produce an annual performance report for the fiscal year that concluded in the same year and distribute it as provided in subsections (3) and (4).

(2) The annual performance report must focus on measuring outcomes and outputs with respect to the performance measures.

(3) An annual performance report of a department must be posted on the website of the department.

(4) In accordance with 5-11-210 , the annual performance report of each department must be provided to the interim budget committee with oversight responsibility for the department pursuant to 5-12-501 and the appropriate legislative policy interim committee provided for in Title 5, chapter 5, part 2.
Mont. Code Ann. § 2-18-1303 — MT Code / Title 2 / Chapter 18 / Part 13 / Section 2-18-1303
2-18-1303 Definitions
Status: in_force

2-18-1303 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

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

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

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

(4) "Dependent" means the tax-qualified dependent or child of the participant as determined under section 105(b) of the Internal Revenue Code, 26 U.S.C. 105(b).

(5) (a) "Employee" means a person employed by an employer.

(b) The term does not include an independent contractor, a person hired by the employer under a personal services contract, or a student intern, as defined in 2-18-101 .

(6) "Employer" means a legally constituted department, board, commission, or any other administrative unit of state government, a county, an incorporated city or town, or any other political subdivision of the state, including a school district, or a unit of the university system.

(7) "Health care expense trust account" or "account" means an account established for the payment of qualified health care expenses under the plan.

(8) "Member" means an employee whose work unit voted to establish a common association.

(9) "Participant" means a member who terminates employment and for whom an account is established.

(10) "Plan" means the employee welfare benefit plan established under section 501(c)(9) of the Internal Revenue Code, 26 U.S.C. 501(c)(9), pursuant to 2-18-1304 .

(11) "Qualified health care expenses" means expenses paid by a participant for medical care, as defined by 26 U.S.C. 213(d), for the participant or the participant's spouse or dependent.
Mont. Code Ann. § 2-15-221 — MT Code / Title 2 / Chapter 15 / Part 2 / Section 2-15-221
2-15-221 Governor-elect -- staff and services provided
Status: in_force

2-15-221 . Governor-elect -- staff and services provided. (1) As used in this section, unless the context clearly indicates otherwise, "governor-elect" means the person elected at a general election to the office of governor who is not the incumbent governor.

(2) The department of administration shall provide the governor-elect and the governor-elect's necessary staff with suitable office space in the capitol building, together with furnishings, supplies, equipment, and telephone service for the period between the general election and the inauguration.

(3) The governor-elect may obtain the assistance of persons of the governor-elect's own choosing, between the general election and inauguration, and they must receive reasonable compensation for their services. These persons are state employees, but they are not subject to any civil service or personnel laws or rules of the state.

(4) In addition, the governor-elect may request that the department of administration assign one or more employees of the department of administration to assist the governor-elect and the governor-elect's staff in the study and interpretation of information. Employees of the department of administration must be assigned for the time necessary between the general election and the inauguration.

(5) The funds necessary to carry out the provisions of this section must be included in the appropriation request of the department of administration to the legislature meeting in regular session immediately prior to a general election when a governor will be chosen.
Mont. Code Ann. § 2-15-2035 — MT Code / Title 2 / Chapter 15 / Part 20 / Section 2-15-2035
2-15-2035 Sexual assault response team committee
Status: in_force

2-15-2035 . Sexual assault response team committee. (1) There is a sexual assault response team committee in the department of justice.

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

(3) The committee has the duties provided for in 44-4-1703 . The provisions of 2-15-124 do not apply.

(4) Committee members must be appointed by the Montana attorney general.

(5) Committee members shall serve at the pleasure of the appointing authority and for no longer than 4 years without reappointment. Committee membership includes but is not limited to:

(a) at least one sexual assault nurse examiner;

(b) a hospital administrator;

(c) a registered nurse or advanced practice registered nurse;

(d) a telehealth affiliate or provider;

(e) a representative from a victim service provider or organization;

(f) a representative from a law enforcement agency;

(g) a county attorney representative or designee;

(h) a member from the department of justice forensic sciences division;

(i) a member from the department of justice state attorney's office;

(j) a member from the department of justice information technology service desk;

(k) a representative of the office of state public defender; and

(l) a member with a tribal affiliation who has experience working with indigenous survivors.

(6) Each member is entitled to reimbursement of travel expenses incurred while in performance of committee duties by the department of justice as provided for in 2-18-501 through 2-18-503 .

(7) A vacancy must be filled in the same manner as the original appointment.
Mont. Code Ann. § 2-17-527 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-527
2-17-527 Agency information technology plans -- review and approval -- updates
Status: in_force

2-17-527 . Agency information technology plans -- review and approval -- updates. (1) Plans and reports required under 2-17-524 must be submitted to the department for review and approval according to a schedule adopted by the department. The schedule must provide for approval of plans no later than June 30 in each even-numbered year.

(2) The department may reject, require modification of, or approve agency information technology plans as considered appropriate by the department. The primary basis for evaluating agency information technology plans must be conformity to the state strategic information technology plan, as provided for in 2-17-521 .

(3) Agency information technology plans must be updated and are subject to review and approval whenever substantive changes occur to an agency's information technology profile. Plan updates must be submitted to the department in a timely manner and may not be held until the next biennial reporting cycle.
Mont. Code Ann. § 2-15-210 — MT Code / Title 2 / Chapter 15 / Part 2 / Section 2-15-210
2-15-210 Mental health ombudsman
Status: in_force

2-15-210 . Mental health ombudsman. (1) There is a mental health ombudsman. The ombudsman must be appointed by the governor for a term of 4 years. The ombudsman is attached to the office of the governor for administrative purposes.

(2) The ombudsman shall provide an annual report to the governor and a biennial report to the legislature, as required by 5-11-210 , and may include recommendations regarding the mental health system.

(3) The ombudsman shall represent the interests of individuals with regard to the need for public mental health services, including individuals in transition from public to private services. The ombudsman may not provide a legal advocacy service.

(4) The ombudsman may retain counsel for legal support.

(5) Names of individuals receiving assistance from the ombudsman and information associated with an individual compiled by the ombudsman in the course of conducting an investigation are confidential and privileged information and may not be disclosed unless a court has determined that certain information is subject to compulsory legal process or discovery because the party seeking the information has demonstrated that there is a compelling state interest that outweighs the individual's privacy interest or the information is requested pursuant to an investigative subpoena issued under 46-4-301 .
Mont. Code Ann. § 2-17-825 — MT Code / Title 2 / Chapter 17 / Part 8 / Section 2-17-825
2-17-825 Report to legislature
Status: in_force

2-17-825 . Report to legislature. (1) The legislative council may prepare a written report of its activities and recommendations related to its duties under 2-17-805 (2) to assist the legislature in determining whether the recommendations should be implemented.

(2) If a report is prepared, it must be submitted to the legislature in accordance with 5-11-210 .
Mont. Code Ann. § 2-9-513 — MT Code / Title 2 / Chapter 9 / Part 5 / Section 2-9-513
2-9-513 Insufficiency of sureties -- action to vacate office
Status: in_force

2-9-513 . Insufficiency of sureties -- action to vacate office. (1) Whenever it is shown by the affidavit of a credible witness or otherwise comes to the knowledge of the court, judge, board, person, or body whose duty it is to approve the official bond of any officer that one or more sureties on a bond given pursuant to the provisions of this part have, since the bond was approved, died, left the state, become insolvent, or from any other cause have become incompetent or insufficient sureties on the bond, the court, judge, board, officer, or other person may issue a citation to the officer requiring the officer on a day named in the citation, not less than 5 or more than 10 days after the citation was issued, to appear and show cause why the office should not be vacated. The citation must be served and the return of the citation must be made as in other cases.

(2) If the officer fails to appear and show good cause why the office should not be vacated on the day named or fails to give ample additional security, the court, judge, board, officer, or other person shall make an order vacating the office. The office must be filled as provided by law.
Mont. Code Ann. § 2-15-3001 — MT Code / Title 2 / Chapter 15 / Part 30 / Section 2-15-3001
2-15-3001 Department of agriculture -- head
Status: in_force

2-15-3001 . Department of agriculture -- head. There is a department of agriculture. The department head is a director of agriculture appointed by the governor in accordance with 2-15-111 .
Mont. Code Ann. § 2-16-406 — MT Code / Title 2 / Chapter 16 / Part 4 / Section 2-16-406
2-16-406 Salary for all services -- how paid
Status: in_force

2-16-406 . Salary for all services -- how paid. (1) The salary of each officer is for all services that are required of the officer or that may be assigned to the office by law, including all services rendered ex officio as a member of any board, commission, or committee, but may not include actual necessary travel, lodging, and subsistence expenses incidental to official duties.

(2) Unless otherwise provided by law, the salaries of officers must be paid out of the general fund in the state treasury monthly on the last day of the month.
Mont. Code Ann. § 2-15-3402 — MT Code / Title 2 / Chapter 15 / Part 34 / Section 2-15-3402
2-15-3402 Fish and wildlife commission
Status: in_force

2-15-3402 . Fish and wildlife commission. (1) There is a fish and wildlife commission.

(2) (a) The commission consists of seven members. At least one member must be experienced in the breeding and management of domestic livestock. The governor shall appoint one member for each of the administrative regions of the department of fish, wildlife, and parks, which are headquartered in the following locations:

(i) Kalispell;

(ii) Missoula;

(iii) Bozeman;

(iv) Great Falls;

(v) Billings;

(vi) Glasgow; and

(vii) Miles City.

(b) (i) To be eligible to serve on the commission, the member must reside in the administrative region the member will represent or within 10 air miles of the region's boundary as it exists on the date the member is appointed.

(ii) If the commission adjusts a region's boundary after a member is appointed so that the member no longer meets the requirements of subsection (2)(b)(i), the member may continue to represent the region until the member's current term expires.

(3) Appointments must be made without regard to political affiliation and must be made solely for the wise management of fish, wildlife, and related recreational resources of this state. A person may not be appointed to the commission unless the person is informed or interested and experienced in the subject of fish, wildlife, and recreation and the requirements for the conservation and protection of fish, wildlife, and recreational resources.

(4) A vacancy occurring on the commission must be filled by the governor in the same manner and from the administrative region in which the vacancy occurs.

(5) The fish and wildlife commission is designated as a quasi-judicial board for the purposes of 2-15-124 .
Mont. Code Ann. § 2-10-207 — MT Code / Title 2 / Chapter 10 / Part 2 / Section 2-10-207
2-10-207 Preemption by federal law
Status: in_force

2-10-207 . Preemption by federal law. Nothing in this part may be construed to preempt federal laws.
Mont. Code Ann. § 2-5-103 — MT Code / Title 2 / Chapter 5 / Part 1 / Section 2-5-103
2-5-103 Definitions
Status: in_force

2-5-103 . Definitions. As used in this part, the following definitions apply:

(1) "Agency" means any board, bureau, commission, department, authority, or officer of the executive branch of state government authorized or required by law to make rules.

(2) "Consensus" means unanimous concurrence among the interests represented on a negotiated rulemaking committee established under 2-5-106 unless the committee agrees upon another specified definition.

(3) "Convener" means a person who impartially assists an agency in determining whether establishment of a negotiated rulemaking committee is feasible and appropriate for a particular rulemaking procedure.

(4) "Facilitator" means a person who impartially aids in the discussions and negotiations among the members of a negotiated rulemaking committee to develop a proposed rule. A facilitator does not have decisionmaking authority.

(5) "Interest" means, with respect to an issue or matter, multiple parties that have a similar point of view or that are likely to be affected in a similar manner.

(6) "Negotiated rulemaking" means rulemaking through the use of a negotiated rulemaking committee.

(7) "Negotiated rulemaking committee" or "committee" means an advisory committee established under 2-5-106 and authorized under 2-4-304 to consider and discuss issues for the purpose of reaching a consensus in the development of a proposed rule.

(8) "Person" means an individual, partnership, corporation, association, governmental subdivision, agency, or public or private organization of any character.

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

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

(b) formal opinions of the attorney general and declaratory rulings issued pursuant to 2-4-501 ;

(c) rules relating to the use of public works, facilities, streets, and highways when the substance of the rules is indicated to the public by means of signs or signals;

(d) rules implementing the state personnel classification plan, the state wage and salary plan, or the statewide accounting, budgeting, and human resource system;

(e) uniform rules adopted pursuant to an interstate compact, except that the rules must be filed in accordance with 2-4-306 and must be published in the Administrative Rules of Montana.
Mont. Code Ann. § 2-15-218 — MT Code / Title 2 / Chapter 15 / Part 2 / Section 2-15-218
2-15-218 Office of economic development -- structure
Status: in_force

2-15-218 . Office of economic development -- structure. (1) There is an office of economic development within the office of the governor.

(2) The head of the office is the chief economic development officer, who must be appointed by the governor.

(3) The office of economic development is composed of the following policy and program specialties:

(a) business retention and recruitment;

(b) workforce development;

(c) technology development;

(d) infrastructure improvement; and

(e) permitting and regulatory processes.

(4) The office may employ or contract with policy specialists to implement the programs listed in subsection (3) and the functions referred to in 2-15-219 .

(5) The office may accept grants, loans, and other gifts from sources other than the state for the purpose of administering the provisions of 2-15-219 , 90-1-112 through 90-1-114 , and this section.
Mont. Code Ann. § 2-9-212 — MT Code / Title 2 / Chapter 9 / Part 2 / Section 2-9-212
2-9-212 Political subdivision tax levy to pay contributions
Status: in_force

2-9-212 . Political subdivision tax levy to pay contributions. (1) Subject to 15-10-420 and subsection (2) of this section, a political subdivision, except for a school district, may levy an annual property tax in the amount necessary to fund the contribution for insurance, deductible reserve fund, and self-insurance reserve fund as authorized in this section and to pay the principal and interest on bonds or notes issued pursuant to 2-9-211 (5). For the purposes of this section, "political subdivision" includes a community college district created prior to January 1, 2021.

(2) (a) If a political subdivision makes contributions for group benefits under 2-18-703 , the amount in excess of the base contribution as determined under 2-18-703 (4)(c) for group benefits under 2-18-703 is not subject to the mill levy calculation limitation provided for in 15-10-420 . Levies implemented under this section must be calculated separately from the mill levies calculated under 15-10-420 and are not subject to the inflation factor described in 15-10-420 (1)(a).

(i) Contributions for group benefits paid wholly or in part from user charges generated by proprietary funds, as defined by generally accepted accounting principles, are not included in the amount exempted from the mill levy calculation limitation provided for in 15-10-420 .

(ii) If tax-billing software is capable, the county treasurer shall list separately the cumulative mill levy or dollar amount on the tax notice sent to each taxpayer under 15-16-101 (2). The amount must also be reported to the department of administration pursuant to 7-6-4003 . The mill levy must be described as the permissive medical levy.

(b) Each year prior to implementing a levy under subsection (2)(a), after notice of the hearing given under 7-1-2121 or 7-1-4127 , a public hearing must be held regarding any proposed increases.

(c) A levy under this section in the previous year may not be included in the amount of property taxes that a governmental entity is authorized to levy for the purposes of determining the amount that the governmental entity may assess under the provisions of 15-10-420 (1)(a). When a levy under this section decreases or is no longer levied, the revenue may not be combined with the revenue determined in 15-10-420 (1)(a).

(3) (a) For the purposes of this section, "group benefits" means group hospitalization, health, medical, surgical, life, and other similar and related group benefits provided to officers and employees of political subdivisions, including flexible spending account benefits and payments in lieu of group benefits.

(b) The term does not include casualty insurance as defined in 33-1-206 , marine insurance as authorized in 33-1-209 and 33-1-221 through 33-1-229 , property insurance as defined in 33-1-210 , surety insurance as defined in 33-1-211 , and title insurance as defined in 33-1-212 .
Mont. Code Ann. § 2-15-2305 — MT Code / Title 2 / Chapter 15 / Part 23 / Section 2-15-2305
2-15-2305 Montana board of pardons and parole -- composition and qualifications -- allocation -- quasi-judicial
Status: in_force

2-15-2305 . Montana board of pardons and parole -- composition and qualifications -- allocation -- quasi-judicial. (1) There is a board of pardons and parole consisting of six members.

(2) Board members must possess at least one of the following qualifications:

(a) a college degree in criminology, corrections, or a related social science;

(b) at least 5 years of extensive work experience in corrections, the criminal justice system, or criminal law; or

(c) a law degree.

(3) Consideration should be given to balancing members' expertise or knowledge of:

(a) American Indian culture;

(b) serious mental illness and recovery from serious mental illness; and

(c) victim awareness.

(4) Board members shall serve staggered 6-year terms. The terms of board members run with the position, and if a vacancy occurs, the governor shall appoint a person to fill the unexpired portion of the term.

(5) The governor shall designate the presiding officer, as provided in 2-15-124 . The governor may designate a different presiding officer at any time. If the governor designates a different presiding officer, the former presiding officer still serves as a board member unless removed for cause pursuant to 2-15-124 (6).

(6) The board is allocated to the department of corrections 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.

(7) The board is designated as a quasi-judicial board for the purposes of 2-15-124 , except that board members must be compensated as provided in 46-23-111 and the terms of board members must be staggered as provided in subsection (4).

(8) A favorable vote of a majority of the members of the board is required to implement a policy, procedure, or administrative rule. A favorable vote of the majority of the members of a hearing panel, as defined in 46-23-103 , is required to make decisions regarding parole and executive clemency.
Mont. Code Ann. § 2-15-1007 — MT Code / Title 2 / Chapter 15 / Part 10 / Section 2-15-1007
2-15-1007 Board of examiners -- allocation
Status: in_force

2-15-1007 . Board of examiners -- allocation. (1) The governor, secretary of state, and attorney general constitute a board of examiners.

(2) The meetings of the board are held at the seat of government at times set by the president.

(3) The governor is the president, and the secretary of state is the secretary of the board, and in the absence of either, an officer pro tempore may be elected from their number.

(4) The board is allocated to the department for administrative purposes only as prescribed in 2-15-121 .
Mont. Code Ann. § 2-16-602 — MT Code / Title 2 / Chapter 16 / Part 6 / Section 2-16-602
2-16-602 Definitions
Status: in_force

2-16-602 . Definitions. As used in this part, the following definitions apply:

(1) "Political subdivision" means a local government unit including but not limited to a county, city, or town established under authority of Article XI, section 1, of The Constitution of the State of Montana or a school district.

(2) "Public office" means a position of duty, trust, or authority created by the constitution or by the legislature or by a political subdivision through authority conferred by the constitution or the legislature that meets the following criteria:

(a) the position must possess a delegation of a portion of the sovereign power of government to be exercised for the benefit of the public;

(b) the powers conferred and the duties to be discharged must be defined, directly or impliedly, by the constitution, the legislature, or by a political subdivision through legislative authority;

(c) the duties must be performed independently and without control of a superior power other than the law, unless the legislature has created the position and placed it under the general control of a superior office or body; and

(d) the position must have some permanency and continuity and not be only temporary or occasional.

(3) "State-district" means a public service commission district, a legislative representative or senatorial district, or a judicial district.
Mont. Code Ann. § 2-17-534 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-534
2-17-534 Security responsibilities of department
Status: in_force

2-17-534 . Security responsibilities of department. The department is responsible for providing centralized management and coordination of state policies for security of data and information technology resources and shall:

(1) establish and maintain the minimum policies, framework, controls, standards, procedures, and guidelines to implement 2-15-114 , including the physical security of information technology resources and the state telecommunications network;

(2) establish guidelines to assist agencies in identifying information technology personnel occupying positions of special trust or responsibility or sensitive locations;

(3) establish standards and policies for the exchange of data between any agency information technology resource and any other state agency, private entity, or public entity to ensure that exchanges do not jeopardize data security and confidentiality;

(4) coordinate and provide for a training program regarding security of data and information technology resources to serve governmental technical and managerial needs;

(5) include appropriate security requirements in the specifications for solicitation of state contracts for procuring data and information technology resources; and

(6) on request, provide technical and managerial assistance relating to information technology security.
Mont. Code Ann. § 2-15-1763 — MT Code / Title 2 / Chapter 15 / Part 17 / Section 2-15-1763
2-15-1763 Board of professional engineers and professional land surveyors
Status: in_force

2-15-1763 . Board of professional engineers and professional land surveyors. (1) In accordance with 37-1-123 , there is a board of professional engineers and professional land surveyors.

(2) The board consists of nine members:

(a) five professional engineers who have been in responsible charge of engineering work or have teaching experience at one or more schools of engineering. No more than two of these members may be from the same branch of engineering.

(b) two professional and practicing land surveyors who have been in responsible charge of land surveying; and

(c) two public members.

(3) Each member must be a citizen of the United States and a resident of this state. A member, after serving three consecutive terms, may not be reappointed.

(4) The board is allocated to the department as prescribed in 2-15-121 .
Mont. Code Ann. § 2-15-1737 — MT Code / Title 2 / Chapter 15 / Part 17 / Section 2-15-1737
2-15-1737 Board of chiropractors
Status: in_force

2-15-1737 . Board of chiropractors. (1) In accordance with 37-1-123 , there is a board of chiropractors.

(2) The board consists of five members:

(a) four chiropractors; and

(b) one public member.

(3) The board is allocated to the department as prescribed in 2-15-121 .
Mont. Code Ann. § 2-18-1309 — MT Code / Title 2 / Chapter 18 / Part 13 / Section 2-18-1309
2-18-1309 Administration of plan -- content of plan document
Status: in_force

2-18-1309 . Administration of plan -- content of plan document. (1) The department shall provide for the administration of the plan in the manner required to satisfy applicable tax qualification requirements of the Internal Revenue Code and other applicable federal law. If a statutory provision of this part conflicts with a qualification requirement of the Internal Revenue Code or other applicable federal law and any consequent federal regulations, the provision is either ineffective or must be interpreted to conform with the federal qualification requirements.

(2) For purposes of qualification pursuant to section 501(c)(9) of the Internal Revenue Code, 26 U.S.C. 501(c)(9), and any other applicable internal revenue service laws and regulations, the plan document is composed of this part, the rules adopted by the department to implement this part, and the regulations adopted by the internal revenue service to implement section 105 of the Internal Revenue Code, 26 U.S.C. 105.
Mont. Code Ann. § 2-1-201 — MT Code / Title 2 / Chapter 1 / Part 2 / Section 2-1-201
2-1-201 Jurisdiction in federal enclaves
Status: in_force

2-1-201 . Jurisdiction in federal enclaves. The extent of the jurisdiction of this state over places that have been or may be ceded to, purchased, or condemned by the United States is qualified by the terms of such cession or the laws under which such purchase or condemnation has been or may be made.
Mont. Code Ann. § 2-17-602 — MT Code / Title 2 / Chapter 17 / Part 6 / Section 2-17-602
2-17-602 Definitions
Status: in_force

2-17-602 . Definitions. As used in this part, the following definitions apply:

(1) "Agency" has the meaning provided for in 2-15-102 .

(2) "Internet services provider" means a person or an entity that provides a service, available to the public, that enables the person's or entity's customers to access the internet, purchase internet server or file-hosting services, colocate internet equipment, or use data transmission over the internet for a fee.

(3) "Political subdivision" has the meaning provided for in 2-9-101 .
Mont. Code Ann. § 2-15-2214 — MT Code / Title 2 / Chapter 15 / Part 22 / Section 2-15-2214
2-15-2214 Montana children's trust fund board
Status: in_force

2-15-2214 . Montana children's trust fund board. (1) There is a Montana children's trust fund board, consisting of seven members appointed by the governor and serving 3-year terms. Two board members must be chosen from state government agencies involved in education and social work relating to children. The governor shall ensure geographic distribution of appointees.

(2) The board is allocated to the department of public health and human services for administrative purposes only, as provided in 2-15-121 . The board may employ staff to carry out its duties as described in Title 52, chapter 7, part 1.
Mont. Code Ann. § 2-15-2040 — MT Code / Title 2 / Chapter 15 / Part 20 / Section 2-15-2040
2-15-2040 Definitions
Status: in_force

2-15-2040 . Definitions. For the purposes of 2-15-2040 through 2-15-2047 , the following definitions apply:

(1) "Board" means the Montana end of watch trust board established in 2-15-2044 .

(2) "Catastrophic injury" means a physical, bodily injury directly related to an individual's required employment duties with direct consequences that permanently prevents the individual from performing any form of work.

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

(4) "Immediate family" means a law enforcement officer's spouse and legal dependent children under 18 years of age.

(5) "In the line of duty" means as the direct result of an action taken by a law enforcement officer or an activity in which a law enforcement officer participated:

(a) as required or authorized by law, rule, regulation, condition of employment, or professional ethics;

(b) in the course and scope of carrying out the law enforcement officer's sworn obligations; or

(c) for which compensation is provided by the officer's employer or would have been provided by the officer's employer if the officer had been on duty at the time the action in question was taken.

(6) "Law enforcement officer" means:

(a) a police officer, deputy sheriff, undersheriff, highway patrol officer, investigator appointed by the department of justice, fish and game warden, or other public safety officer with arrest authority, employed by a state, local, or state-based tribal authority and certified by the public safety officer standards and training council; or

(b) a sheriff.

(7) "Maximum medical improvement" has the same meaning as provided in 39-71-116 .

(8) "Permanent total disability" has the same meaning as provided in 39-71-116 .
Mont. Code Ann. § 2-4-102 — MT Code / Title 2 / Chapter 4 / Part 1 / Section 2-4-102
2-4-102 Definitions
Status: in_force

2-4-102 . Definitions. For purposes of this chapter, the following definitions apply:

(1) "Administrative rule review committee" or "committee" means the appropriate committee assigned subject matter jurisdiction in Title 5, chapter 5, part 2.

(2) (a) "Agency" means an agency, as defined in 2-3-102 , of state government, except that the provisions of this chapter do not apply to the following:

(i) the state board of pardons and parole, which is exempt from the contested case and judicial review of contested cases provisions contained in this chapter. However, the board is subject to the remainder of the provisions of this chapter.

(ii) the supervision and administration of a penal institution with regard to the institutional supervision, custody, control, care, or treatment of youth or prisoners;

(iii) the board of regents and the Montana university system;

(iv) the financing, construction, and maintenance of public works;

(v) the public service commission when conducting arbitration proceedings pursuant to 47 U.S.C. 252 and 69-3-837 .

(b) The term does not include a school district, a unit of local government, or any other political subdivision of the state.

(3) "ARM" means the Administrative Rules of Montana.

(4) "Contested case" means a proceeding before an agency in which a determination of legal rights, duties, or privileges of a party is required by law to be made after an opportunity for hearing. The term includes but is not restricted to ratemaking, price fixing, and licensing.

(5) (a) "Interested person" means a person who has expressed to the agency an interest concerning agency actions under this chapter and has requested to be placed on the agency's list of interested persons as to matters of which the person desires to be given notice.

(b) The term does not extend to contested cases.

(6) "License" includes the whole or part of an agency permit, certificate, approval, registration, charter, or other form of permission required by law but does not include a license required solely for revenue purposes.

(7) "Licensing" includes an agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal, limitation, transfer, or amendment of a license.

(8) "Party" means a person named or admitted as a party or properly seeking and entitled as of right to be admitted as a party, but this chapter may not be construed to prevent an agency from admitting any person as a party for limited purposes.

(9) "Person" means an individual, partnership, corporation, association, governmental subdivision, agency, or public organization of any character.

(10) "Register" means the Montana Administrative Register.

(11) (a) "Rule" means each agency regulation, standard, or statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedures, or practice requirements of an agency. The term includes the amendment or repeal of a prior rule.

(b) The term does not include:

(i) statements concerning only the internal management of an agency or state government and not affecting private rights or procedures available to the public, including rules implementing the state personnel classification plan, the state wage and salary plan, or the statewide accounting, budgeting, and human resource system;

(ii) formal opinions of the attorney general and declaratory rulings issued pursuant to 2-4-501 ;

(iii) rules relating to the use of public works, facilities, streets, and highways when the substance of the rules is indicated to the public by means of signs or signals;

(iv) seasonal rules adopted annually or biennially relating to hunting, fishing, and trapping when there is a statutory requirement for the publication of the rules and rules adopted annually or biennially relating to the seasonal recreational use of lands and waters owned or controlled by the state when the substance of the rules is indicated to the public by means of signs or signals;

(v) uniform rules adopted pursuant to interstate compact, except that the rules must be filed in accordance with 2-4-306 and must be published in the ARM;

(vi) game parameters approved by the state lottery and sports wagering commission relating to a specific lottery game. This subsection (11)(b)(vi) does not exempt generally applicable policies governing the state lottery that are otherwise subject to the Montana Administrative Procedure Act.

(vii) policies relating to sports wagering sales agents' commissions prescribed by the state lottery and sports wagering commission; or

(viii) annual plan documents governed by and published as provided in Title 2, chapter 12, part 1.

(12) (a) "Significant interest to the public" means agency actions under this chapter regarding matters that the agency knows to be of widespread citizen interest. These matters include issues involving a substantial fiscal impact to or controversy involving a particular class or group of individuals.

(b) The term does not extend to contested cases.

(13) "Small business" means a business entity, including its affiliates, that is independently owned and operated and that employs fewer than 50 full-time employees.

(14) "Substantive rules" are either:

(a) legislative rules, which if adopted in accordance with this chapter and under expressly delegated authority to promulgate rules to implement a statute have the force of law and when not so adopted are invalid; or

(b) adjective or interpretive rules, which may be adopted in accordance with this chapter and under express or implied authority to codify an interpretation of a statute. The interpretation lacks the force of law.

(15) "Supplemental notice" means a notice that amends the proposed rules or changes the timeline for public participation.
Mont. Code Ann. § 2-3-104 — MT Code / Title 2 / Chapter 3 / Part 1 / Section 2-3-104
2-3-104 Requirements for compliance with notice provisions
Status: in_force

2-3-104 . Requirements for compliance with notice provisions. An agency is considered to have complied with the notice provisions of 2-3-103 if:

(1) an environmental impact statement is prepared and distributed as required by the Montana Environmental Policy Act, Title 75, chapter 1;

(2) a proceeding is held as required by the Montana Administrative Procedure Act;

(3) an agency adopts and implements the public participation plan required in 76-25-106 for the purposes of agency actions taken in accordance with Title 76, chapter 25;

(4) a public hearing, after appropriate notice is given, is held pursuant to any other provision of state law or a local ordinance or resolution; or

(5) a newspaper of general circulation within the area to be affected by a decision of significant interest to the public has carried a news story or advertisement concerning the decision sufficiently prior to a final decision to permit public comment on the matter.
Mont. Code Ann. § 2-15-201 — MT Code / Title 2 / Chapter 15 / Part 2 / Section 2-15-201
2-15-201 Powers and duties of governor
Status: in_force

2-15-201 . Powers and duties of governor. (1) In addition to the duties prescribed by the constitution, the governor shall:

(a) supervise the official conduct of all executive and ministerial officers; and

(b) ensure that all offices are filled and that the duties of the offices are performed or, in default of the performance, apply a remedy that the law allows. If the remedy is imperfect, the governor shall acquaint the legislature with the issue at its next session.

(2) The governor shall make the appointments and fill the vacancies as required by law. When a vacancy in a position on a council, board, commission, or committee has occurred or is expected to occur and must be filled by gubernatorial appointment, the governor shall post a notice by electronic means:

(a) announcing the actual or anticipated vacancy in the position;

(b) describing the qualifications for the position, if any; and

(c) describing the procedure for applying for appointment to the position.

(3) The governor is the sole official organ of communication between the government of this state and the government of any other state or of the United States.

(4) Whenever any suit or legal proceeding is pending against this state that may affect the title of this state to any property or that may result in any claim against the state, the governor may direct the attorney general to appear on behalf of the state and may employ additional counsel that the governor may judge expedient.

(5) The governor may require the attorney general or the county attorney of any county to inquire into the affairs or management of any corporation existing under the laws of this state.

(6) The governor may require the attorney general to aid the county attorney in the discharge of the county attorney's duties.

(7) The governor may offer rewards not exceeding $1,000 each, payable out of the general fund, for the apprehension of any convict who has escaped from the state prison or any person who has committed or is charged with an offense punishable by death.

(8) The governor shall perform the duties respecting fugitives from justice that are prescribed by Title 46, chapter 30.

(9) The governor shall issue land warrants and patents, as prescribed in 77-2-342 .

(10) The governor may require any officer or board to make special reports, upon demand, in writing.

(11) The governor shall discharge the duties of a member of the board of examiners, of a nonvoting ex officio member of the state board of education, and of a member of the board of land commissioners.

(12) The governor has the other powers and shall perform the other duties that are devolved upon the governor by this section or any other law of this state.
Mont. Code Ann. § 2-15-3301 — MT Code / Title 2 / Chapter 15 / Part 33 / Section 2-15-3301
2-15-3301 Department of natural resources and conservation -- head
Status: in_force

2-15-3301 . Department of natural resources and conservation -- head. There is a department of natural resources and conservation. The department head is the director of natural resources and conservation appointed by the governor in accordance with 2-15-111 .
Mont. Code Ann. § 2-1-208 — MT Code / Title 2 / Chapter 1 / Part 2 / Section 2-1-208
2-1-208 Withdrawal of consent to purchase additional state lands for national park
Status: in_force

2-1-208 . Withdrawal of consent to purchase additional state lands for national park. The consent of the state of Montana to the purchase by the United States of lands within the state of Montana to be embraced in Yellowstone national park, other than the lands described in 2-1-207 , and the consent of the state of Montana to the exercise of legislative jurisdiction by the United States over any additional lands to be embraced in said national park, as such consents may be contained in the act of the second legislative assembly of the state of Montana approved February 14, 1891, entitled, "An Act Ceding to the United States Jurisdiction Over Certain Lands" or any amendment of said act is hereby withdrawn, and exclusive legislative jurisdiction over all lands within the state of Montana that may be added hereafter to said national park shall be retained in the state of Montana.
Mont. Code Ann. § 2-15-121 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-121
2-15-121 Allocation for administrative purposes only
Status: repealed

2-15-121 . Allocation for administrative purposes only. (1) An agency allocated to a department for administrative purposes only in this chapter shall:

(a) (i) exercise its quasi-judicial, quasi-legislative, licensing, and policymaking functions independently of the department and without approval or control of the department except as provided in subsection (1)(a)(ii);

(ii) accede, if the agency is a licensing board regulated by the department of labor and industry under Title 37, to the active supervision required by 37-1-121 (1)(d);

(b) submit its budgetary requests through the department; and

(c) submit reports required of it by law or by the governor through the department.

(2) The department to which an agency is allocated for administrative purposes only in this title shall:

(a) direct and supervise the budgeting, recordkeeping, reporting, and related administrative and clerical functions of the agency;

(b) include the agency's budgetary requests in the departmental budget;

(c) collect all revenues for the agency and deposit them in the proper fund or account. Except as provided in 37-1-101 , the department may not use or divert the revenues from the fund or account for purposes other than provided by law.

(d) provide staff for the agency. Unless otherwise indicated in this chapter, the agency may not hire its own personnel.

(e) print and disseminate for the agency any required notices, rules, or orders adopted, amended, or repealed by the agency.

(3) The department head of a department to which any agency is allocated for administrative purposes only in this chapter shall:

(a) represent the agency in communications with the governor;

(b) allocate office space to the agency as necessary, subject to the approval of the department of administration.
Mont. Code Ann. § 2-15-132 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-132
2-15-132 Rights to property
Status: in_force

2-15-132 . Rights to property. The department or unit of a department that succeeds to all or part of the functions of an agency under a reorganization within the executive branch also succeeds to the rights to all real and personal property of that agency relating to the functions or parts of functions transferred. The property includes real property, records, office equipment, supplies, contracts, books, papers, documents, maps, appropriations, accounts within and outside of the state treasury, funds, vehicles, and all other similar property. However, the department or unit may not use or divert money in a fund or account for a purpose other than provided by law. The governor shall resolve any conflict as to the proper disposition of the property, and the governor's decision is final. This section does not apply to property owned by the federal government.
Mont. Code Ann. § 2-9-502 — MT Code / Title 2 / Chapter 9 / Part 5 / Section 2-9-502
2-9-502 Bonds of deputies
Status: in_force

2-9-502 . Bonds of deputies. Every officer or body appointing a deputy, clerk, or subordinate officer may require an official bond to be given by the person appointed and may fix the amount thereof.
Mont. Code Ann. § 2-15-1001 — MT Code / Title 2 / Chapter 15 / Part 10 / Section 2-15-1001
2-15-1001 Department of administration -- head
Status: in_force

2-15-1001 . Department of administration -- head. There is created a department of administration. The department head is a director of administration appointed by the governor in accordance with 2-15-111 .
Mont. Code Ann. § 2-17-807 — MT Code / Title 2 / Chapter 17 / Part 8 / Section 2-17-807
2-17-807 Approval for displays and naming buildings, spaces, and rooms
Status: in_force

2-17-807 . Approval for displays and naming buildings, spaces, and rooms. (1) A state building, space, or room in the capitol complex may not be named after an individual or a bust, plaque, statue, memorial, monument, or art display may not be displayed on a long-term basis in the capitol complex or on the capitol complex grounds unless the building, space, or room name or display is approved by the legislature and complies with this part. The capitol building, including any future additions and expansions, may not be named after any person, as defined in 2-4-102 .

(2) (a) Except as provided in subsections (2)(b) through (2)(j), a state building, space, or room in the capitol complex may not be named after an individual or a bust, plaque, statue, memorial, monument, or art display commemorating an individual may not be displayed on a long-term basis in the capitol complex unless the individual has been deceased for at least 10 years.

(b) The statue of Mike and Maureen Mansfield authorized in 2-17-808 (1)(d)(iii) and the plaque commemorating President George H. W. Bush authorized in 2-17-808 (2)(b)(ii) may continue to be displayed in the capitol complex.

(c) Except as provided in subsection (2)(f), a public building within the capitol complex constructed with private funds after April 17, 2007, or a space or room constructed with private funds after April 17, 2007, in a public building, other than the capitol building, may bear a name designated by the benefactor of the building, space, or room if:

(i) the building, space, or room is to be owned by or used exclusively or primarily by the Montana historical society to store or display artifacts or other property owned by the Montana historical society; and

(ii) the building, space, or room and the designated name are approved by the council and by the board of the historical society, provided for in 2-15-1512 .

(d) The classroom building authorized in May 2007 to be built at the Montana law enforcement academy may be named after Karl Ohs, and a plaque and the Lou Peters award commemorating Karl Ohs may be displayed there.

(e) The justice building located at 215 north Sanders in Helena must be named after Joseph P. Mazurek, and a plaque and memorial commemorating him may be displayed on the capitol complex grounds.

(f) The Montana heritage center must be named after Betty Babcock, and a plaque commemorating her must be displayed there.

(g) The statue of Judy Martz authorized in 2-17-808 (2)(f) may continue to be displayed in the capitol or on the grounds immediately surrounding the capitol.

(h) The bust commemorating Thomas Carter authorized in 2-17-808 (1)(l) may be displayed in the capitol.

(i) A plaque commemorating Charles S. Johnson, Montana's longest-serving statehouse reporter, may be placed in a state capitol complex building or on the grounds of the state capitol complex.

(j) The offices of the secretary of the senate, room 302, must be named the Marilyn Miller senate suite, and a plaque commemorating Marilyn Miller must be displayed there.

(k) The memorial honoring organ donors of Montana authorized in 2-17-808 (2) may continue to be displayed on the grounds surrounding the capitol.

(3) A bust, plaque, statue, memorial, monument, or art display commemorating an event, including a military event, may not be displayed on a long-term basis in the capitol complex until 10 years after the end of the event.

(4) All busts, plaques, statues, memorials, monuments, or art displays authorized, but not installed within 5 years of authorization, must be reauthorized.

(5) The department of administration may review and approve the temporary display of a bust, plaque, statue, memorial, monument, or art display for up to 1 year in the capitol complex or on the capitol complex grounds. (Subsection (2)(h) void on occurrence of contingency--sec. 5, Ch. 637, L. 2023; subsection (2)(i) void on occurrence of contingency--sec. 5, Ch. 737, L. 2023; subsection (2)(k) void on occurrence of contingency--sec. 5, Ch. 211, L. 2023.)
Mont. Code Ann. § 2-1-213 — MT Code / Title 2 / Chapter 1 / Part 2 / Section 2-1-213
2-1-213 Acceptance of concurrent jurisdiction over Big Hole national battlefield
Status: in_force

2-1-213 . Acceptance of concurrent jurisdiction over Big Hole national battlefield. The state of Montana accepts the retrocession in Public Law 88-24, which was approved May 17, 1963, and made effective upon acceptance of the retrocession by the state of Montana of such jurisdiction as had been ceded by this state to the United States over the lands within the boundaries of the Big Hole national battlefield. This state recognizes the reservation in the United States of concurrent legislative jurisdiction over such lands.
Mont. Code Ann. § 2-16-214 — MT Code / Title 2 / Chapter 16 / Part 2 / Section 2-16-214
2-16-214 Definition of current term for purposes of term limits
Status: in_force

2-16-214 . Definition of current term for purposes of term limits. As used in Article IV, section 8, of the Montana constitution, "current term" means the term served after regular election to a full term to an office and does not include time served in an appointed or an elected capacity in an office to finish the term of the original incumbent after a vacancy has occurred.
Mont. Code Ann. § 2-9-512 — MT Code / Title 2 / Chapter 9 / Part 5 / Section 2-9-512
2-9-512 Defects not to affect liability
Status: in_force

2-9-512 . Defects not to affect liability. (1) If an official bond does not contain the substantial matter or conditions required by law or there are any defects in the approval or filing of the bond, it is not void so as to discharge the officer and sureties. The sureties are equitably bound to the state or party interested, and the state or the party may, by action in any court of competent jurisdiction, suggest the defect in the bond, approval, or filing and recover the proper and equitable demand or damages from the officer and the persons who intended to become and were included as sureties in the bond.

(2) An official bond entered into by an officer or a bond, recognizance, or written undertaking taken by an officer in the discharge of the duties of office is not void for want of form, substance, recital, or condition or the principal or surety be discharged. The principal and surety must be bound by the bond, recognizance, or written undertaking to the full extent contemplated by the law requiring the bond and the sureties to the amount specified in the bond, recognizance, or written undertaking. In all actions on a defective bond, recognizance, or written undertaking, the plaintiff or relator may suggest the defect in the complaint and recover to the same extent as if the bond, recognizance, or written undertaking were perfect in all respects.
Mont. Code Ann. § 2-10-205 — MT Code / Title 2 / Chapter 10 / Part 2 / Section 2-10-205
2-10-205 Infrastructure controlled by critical artificial intelligence system
Status: in_force

2-10-205 . Infrastructure controlled by critical artificial intelligence system. When critical infrastructure facilities are controlled in whole or in part by a critical artificial intelligence system, the deployer shall develop a risk management policy after deploying the system that is reasonable and considers guidance and standards in the latest version of the artificial intelligence risk management framework from the national institute of standards and technology, the ISO/IEC 4200 artificial intelligence standard from the international organization for standardization, or another nationally or internationally recognized risk management framework for artificial intelligence systems. A plan prepared under federal requirements constitutes compliance with this section.
Mont. Code Ann. § 2-21-101 — MT Code / Title 2 / Chapter 21 / Part 1 / Section 2-21-101
2-21-101 Definitions
Status: in_force

2-21-101 . Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Artificial intelligence system" means a 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) "Cognitive behavioral manipulation" means the use of artificial intelligence systems to influence or alter an individual's or group's thoughts, emotions, decisions, or actions through deceptive, coercive, or subliminal means, or by exploiting psychological vulnerabilities, without the informed consent of the individual or group being influenced.

(3) "Government entity" has the same meaning as provided in 46-5-110 .

(4) "Human in an appropriate responsible position" means a human person who is a state officer or a public employee as those terms are defined in 2-2-102 who has reasonable training in the uses and limitations of artificial intelligence systems and is in a position to modify or reject the particular use of an artificial intelligence system.

(5) "Peace officer" has the same meaning as provided in 45-2-101 .

(6) "State officer" has the same meaning as provided in 2-2-102 .
Mont. Code Ann. § 2-6-1504 — MT Code / Title 2 / Chapter 6 / Part 15 / Section 2-6-1504
2-6-1504 Immediate notification
Status: in_force

2-6-1504 . Immediate notification. On discovery or notification of a security incident, a state agency shall provide immediate notification without unreasonable delay to the chief information security officer.
Mont. Code Ann. § 2-15-3111 — MT Code / Title 2 / Chapter 15 / Part 31 / Section 2-15-3111
2-15-3111 Livestock loss reduction program
Status: in_force

2-15-3111 . Livestock loss reduction program. The livestock loss board shall establish and administer a program to cost-share with individuals or incorporated entities in implementing measures to prevent wolf, mountain lion, black bear, and grizzly bear predation on livestock, including:

(1) eligibility requirements for program participation;

(2) application procedures for program participation and procedures for awarding grants for wolf, mountain lion, black bear, and grizzly bear predation prevention measures, subject to grant priorities and the availability of funds;

(3) criteria for the selection of projects and program participants, which may include establishment of grant priorities based on factors such as chronic depredation, multiple depredation incidents, single depredation incidents, and potential high-risk geographical or habitat location;

(4) grant guidelines for prevention measures on public and private lands, including:

(a) grant terms that clearly set out the obligations of the livestock producer and that provide for a term of up to 12 months subject to renewal based on availability of funds, satisfaction of program requirements, and prioritization of the project;

(b) cost-share for prevention measures, which may be a combination of grant and livestock producer responsibility, payable in cash or in appropriate services, such as labor to install or implement preventive measures, unless the board adjusts the cost-share because of extenuating circumstances related to chronic or multiple depredation; and

(c) proactive preventive measures and other preventive measures as information on new or different successful prevention measures becomes available; and

(5) reporting requirements for program participants to assist in determining the effectiveness of loss reduction relative to each grant.
Mont. Code Ann. § 2-18-1206 — MT Code / Title 2 / Chapter 18 / Part 12 / Section 2-18-1206
2-18-1206 Notice
Status: in_force

2-18-1206 . Notice. (1) Except as provided in subsection (2), an employee and the employee's collective bargaining unit, if any, must be notified as soon as possible prior to privatization, reorganization of any agency, or closure of or a reduction in force at an agency. When 25 or more employees are affected, the notice must be given at least 60 days prior to the privatization, reorganization, agency closure, or reduction in force.

(2) When privatization, reorganization, an agency closure, or a reduction in force affects fewer than 25 employees, each employee affected must be notified at least 14 days prior to the privatization, reorganization, agency closure, or reduction in force.
Mont. Code Ann. § 2-17-561 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-561
2-17-561 Approval required
Status: in_force

2-17-561 . Approval required. Amounts appropriated by the legislature to executive branch agencies, other than the university system, for long-range information technology capital projects may not be encumbered until project and security plans are approved by the chief information officer and the budget director if the legislature directs these approvals as a condition on the appropriations in the bill making the appropriations.
Mont. Code Ann. § 2-16-204 — MT Code / Title 2 / Chapter 16 / Part 2 / Section 2-16-204
2-16-204 Gubernatorial commissions
Status: in_force

2-16-204 . Gubernatorial commissions. (1) The governor shall commission:

(a) all officers elected by the people whose commissions are not otherwise provided for;

(b) all officers of the militia;

(c) all agency heads appointed by the governor with consent of the senate;

(d) United States senators.

(2) The commissions of all officers commissioned by the governor must be issued in the name of the state and must be signed by the governor and attested by the secretary of state under the great seal.
Mont. Code Ann. § 2-18-405 — MT Code / Title 2 / Chapter 18 / Part 4 / Section 2-18-405
2-18-405 Payroll based on actual, end-of-period figures -- pay date -- change of payroll periods
Status: in_force

2-18-405 . Payroll based on actual, end-of-period figures -- pay date -- change of payroll periods. (1) All state payroll systems must be based upon actual payroll figures submitted after the end of the payroll period and may not be based upon estimated payroll.

(2) All state payroll systems must provide for the fixing of payroll periods and designated days on which salaried employees are paid for the preceding payroll period. The pay date must be uniform for all employees of each state agency employed in the same geographic area, and payroll warrants must be distributed or mailed and electronic funds transfers initiated within 10 business days following the close of the payroll period.

(3) The payroll period of employees of a state agency may not be changed by inclusion of the agency into the state payroll system or by any revision or modification of the system unless notice of the proposed change has been given to each employee who will be affected by the change in the form and manner prescribed by the department of administration not less than 60 days prior to the effective date of the change.
Mont. Code Ann. § 2-1-603 — MT Code / Title 2 / Chapter 1 / Part 6 / Section 2-1-603
2-1-603 Monitoring and compliance
Status: in_force

2-1-603 . Monitoring and compliance. (1) The attorney general shall:

(a) monitor state and local government compliance with the provisions of 2-1-602 ; and

(b) investigate compliance complaints.

(2) If an investigation by the attorney general finds that a state agency or local government has violated the provisions of 2-1-602 , the attorney general shall bring a civil action against the state agency or local government.
Mont. Code Ann. § 2-15-137 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-137
2-15-137 Federal aid
Status: in_force

2-15-137 . Federal aid. If any part of a reorganization within the executive branch is ruled to be in conflict with federal requirements which are a prescribed condition to the receipt of federal aid by the state, an agency, or a political subdivision, that part of the reorganization has no effect and the governor may issue an executive order which substitutes for that part to the extent necessary to effectuate the receipt of federal aid. The order is effective until the legislature again acts upon the matter.
Mont. Code Ann. § 2-15-1506 — MT Code / Title 2 / Chapter 15 / Part 15 / Section 2-15-1506
2-15-1506 Commissioner of higher education
Status: in_force

2-15-1506 . Commissioner of higher education. (1) There is a commissioner of higher education who is appointed by the board of regents.

(2) The board of regents shall prescribe the term of the commissioner.
Mont. Code Ann. § 2-9-704 — MT Code / Title 2 / Chapter 9 / Part 7 / Section 2-9-704
2-9-704 Premiums charged against budgets
Status: in_force

2-9-704 . Premiums charged against budgets. The premiums for all surety company bonds shall be a proper charge against the budgets of the county general fund or against the budget or budgets of those county funds where the officer or employee renders service.
Mont. Code Ann. § 2-6-1032 — MT Code / Title 2 / Chapter 6 / Part 10 / Section 2-6-1032
2-6-1032 Requirements for compromise and settlement of claims against state
Status: in_force

2-6-1032 . Requirements for compromise and settlement of claims against state. (1) The department shall create, monitor, maintain, and update, on an ongoing basis, a website that is available to the public and publishes the following information:

(a) the names of the parties settling claims with the state unless the right to individual privacy outweighs the public right to know;

(b) the date of each compromise or settlement of a claim against the state that results in monetary compensation;

(c) the identity of the entity of the state where the claim originated;

(d) the amount of monetary compensation contained in the compromise or settlement; and

(e) a brief description of the alleged conduct, acts, or omissions by one or more employees, officers, or agents of the state at issue in the case.

(2) If a member of the public requests a paper copy of information on the website or a paper copy of the quarterly report as provided in 2-6-1033 , the department shall charge a fee for paper copies that is commensurate with the cost of printing.

(3) All information regarding the compromise or settlement of a claim involving a minor is exempted from disclosure under subsection (1).

(4) The information identified in subsection (1) must be published within 60 days of the date the compromise or settlement occurred.

(5) (a) Nondisclosure agreements are disfavored in compromise or settlement agreements when the state is a party and may be utilized only in the rare instance in which the right to individual privacy outweighs the public right to know.

(b) Nondisclosure agreements may not exempt the state from its reporting obligations in subsections (1)(b) through (1)(e), except in the rare instance in which:

(i) disclosure of information required to be reported by subsection (1)(c) or (1)(e) would lead to a violation of an individual's right to privacy; and

(ii) the right to privacy arising as a result of the claim outweighs the public right to know.

(c) No privacy interest may overcome the public right to know with respect to the duty to report the information in subsections (1)(b) and (1)(d).

(6) All money paid by the state pursuant to a settlement or compromise must be consistently coded in the statewide accounting, budgeting, and human resource system so that when the code or codes are reviewed a complete list of all settled claims is provided. The department shall set the standards for the coding.

(7) Among the records to be maintained when monetary compensation is utilized to settle or compromise claims are documents signed by an appropriate official, including:

(a) a statement that no condition or limitation precludes the use of the funds utilized to pay the settlement or other monetary compensation or damages;

(b) a detailed description of the alleged conduct, acts, or omissions by one or more employees, officers, or agents of the state, and the state's defenses, including legal and factual defenses at issue in the case; and

(c) the settlement terms.

(8) When a governmental entity provides monetary compensation other than money to resolve a claim, the governmental entity must evaluate the value conveyed pursuant to the settlement or compromise to determine whether it meets the $10,000 threshold requiring disclosure under this section.
Mont. Code Ann. § 2-17-418 — MT Code / Title 2 / Chapter 17 / Part 4 / Section 2-17-418
2-17-418 Agency records on fuel efficiency measures
Status: in_force

2-17-418 . Agency records on fuel efficiency measures. Each agency shall keep adequate records to demonstrate compliance with the provisions of 2-17-416 and 2-17-417 .
Mont. Code Ann. § 2-1-604 — MT Code / Title 2 / Chapter 1 / Part 6 / Section 2-1-604
2-1-604 Standing -- venue -- notifications
Status: in_force

2-1-604 . Standing -- venue -- notifications. (1) The attorney general has standing to bring a civil action under this part to compel compliance by a state agency or local government.

(2) An action under this part must be instituted in the state district court for the county in which the local government or state agency is located.

(3) If a court of competent jurisdiction finds that a local government has violated the provisions of this part, the attorney general shall notify the coal board provided for in 2-15-1821 and the department of commerce for the purpose of compliance with 90-6-209 and 90-6-710 . If the attorney general finds that the local government comes into compliance with the provisions of this part, the attorney general shall certify to the coal board and the department of commerce that the local government is no longer in violation of the provisions of this part.
Mont. Code Ann. § 2-2-206 — MT Code / Title 2 / Chapter 2 / Part 2 / Section 2-2-206
2-2-206 Officers not to pay illegal warrant
Status: in_force

2-2-206 . Officers not to pay illegal warrant. Officers charged with the disbursement of public moneys must not pay any warrant or other evidence of indebtedness against the state, county, city, town, or township when the same has been purchased, sold, received, or transferred contrary to any of the provisions of this part.
Mont. Code Ann. § 2-3-107 — MT Code / Title 2 / Chapter 3 / Part 1 / Section 2-3-107
2-3-107 Proof of publication by broadcast
Status: in_force

2-3-107 . Proof of publication by broadcast. Proof of publication of a summary of any notice by radio or television broadcast shall be by affidavit of the manager, an assistant manager, or a program director of the radio or television station broadcasting the same.
Mont. Code Ann. § 2-10-102 — MT Code / Title 2 / Chapter 10 / Part 1 / Section 2-10-102
2-10-102 Purpose
Status: in_force

2-10-102 . Purpose. It is the policy of this state that a person may not be deprived of the use of private property without due process of law and that private property may not be taken or damaged by a state agency without prior just compensation to the owner in accordance with the meaning ascribed to these concepts by the United States supreme court and the Montana supreme court. An assessment of each state agency action with taking or damaging implications is needed to avoid imposing expensive litigation burdens on citizens and to minimize the risk of unanticipated demands on the state's fiscal resources. The purpose of this part is to establish an orderly and consistent process that better enables state agencies to evaluate whether an action with taking or damaging implications might result in the taking or damaging of private property. It is not the purpose of this part to expand or diminish the private property protections provided in the federal and state constitutions.
Mont. Code Ann. § 2-4-702 — MT Code / Title 2 / Chapter 4 / Part 7 / Section 2-4-702
2-4-702 Initiating judicial review of contested cases
Status: in_force

2-4-702 . Initiating judicial review of contested cases. (1) (a) Except as provided in 75-2-213 and 75-20-223 , a person who has exhausted all administrative remedies available within the agency and who is aggrieved by a final written decision in a contested case is entitled to judicial review under this chapter. This section does not limit use of or the scope of judicial review available under other means of review, redress, relief, or trial de novo provided by statute.

(b) A party who proceeds before an agency under the terms of a particular statute may not be precluded from questioning the validity of that statute on judicial review, but the party may not raise any other question not raised before the agency unless it is shown to the satisfaction of the court that there was good cause for failure to raise the question before the agency.

(2) (a) Except as provided in 75-2-211 , 75-2-213 , and subsections (2)(c) and (2)(e) of this section, proceedings for review must be instituted by filing a petition in district court within 30 days after service of the final written decision of the agency or, if a rehearing is requested, within 30 days after the written decision is rendered. Except as otherwise provided by statute, subsection (2)(d), or subsection (2)(e), the petition must be filed in the district court for the county where the petitioner resides or has the petitioner's principal place of business or where the agency maintains its principal office. Copies of the petition must be promptly served upon the agency and all parties of record.

(b) The petition must include a concise statement of the facts upon which jurisdiction and venue are based, a statement of the manner in which the petitioner is aggrieved, and the ground or grounds specified in 2-4-704 (2) upon which the petitioner contends to be entitled to relief. The petition must demand the relief to which the petitioner believes the petitioner is entitled, and the demand for relief may be in the alternative.

(c) If a petition for review is filed pursuant to 33-16-1012 (2)(c), the workers' compensation court, rather than the district court, has jurisdiction and the provisions of this part apply to the workers' compensation court in the same manner as the provisions of this part apply to the district court.

(d) If a petition for review is filed challenging a licensing or permitting decision made pursuant to Title 75 or Title 82, the petition for review must be filed in the county where the facility is located or proposed to be located or where the action is proposed to occur.

(e) (i) A party who is aggrieved by a final decision on an application for a permit or change in appropriation right filed under Title 85, chapter 2, part 3, may petition the district court or the water court for judicial review of the decision. If a petition for judicial review is filed in the water court, the water court rather than the district court has jurisdiction and the provisions of this part apply to the water court in the same manner as they apply to the district court. The time for filing a petition is the same as provided in subsection (2)(a).

(ii) If more than one party is aggrieved by a final decision on an application for a permit or change in appropriation right filed under Title 85, chapter 2, part 3, the district court where the appropriation right is located has jurisdiction. If more than one aggrieved party files a petition but no aggrieved party files a petition in the district court where the appropriation right is located, the first judicial district, Lewis and Clark County, has jurisdiction.

(iii) If a petition for judicial review is filed in the district court, the petition for review must be filed in the district court in the county where the appropriation right is located.

(3) Unless otherwise provided by statute, the filing of the petition may not stay enforcement of the agency's decision. The agency may grant or the reviewing court may order a stay upon terms that it considers proper, following notice to the affected parties and an opportunity for hearing. A stay may be issued without notice only if the provisions of 27-19-315 through 27-19-317 are met.

(4) Within 30 days after the service of the petition or within further time allowed by the court, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be required by the court to pay the additional costs. The court may require or permit subsequent corrections or additions to the record.
Mont. Code Ann. § 2-15-403 — MT Code / Title 2 / Chapter 15 / Part 4 / Section 2-15-403
2-15-403 Sale of corporate information list -- rulemaking authority
Status: in_force

2-15-403 . Sale of corporate information list -- rulemaking authority. The secretary of state may offer for sale to private or public entities the corporate information list developed by the secretary of state. The information on the corporate information list must be limited to the information available on the corporate information computer system maintained by the secretary of state. If the list is offered for sale, the secretary of state shall adopt rules under the Montana Administrative Procedure Act specifying the fee to be charged for the list.
Mont. Code Ann. § 2-18-814 — MT Code / Title 2 / Chapter 18 / Part 8 / Section 2-18-814
2-18-814 Administrative costs
Status: in_force

2-18-814 . Administrative costs. The department shall include the costs of administering and negotiating state employee group benefit plans established under this part, as well as the costs of hiring necessary consultants, actuaries, and auditors under this part, as part of the cost for state employee group benefits.
Mont. Code Ann. § 2-18-603 — MT Code / Title 2 / Chapter 18 / Part 6 / Section 2-18-603
2-18-603 Holidays -- observance when falling on employee's day off -- floating holiday
Status: in_force

2-18-603 . Holidays -- observance when falling on employee's day off -- floating holiday. (1) (a) A full-time employee who is scheduled for a day off on a day that is observed as a legal holiday, except Sundays, is entitled to receive a day off with pay either on the day preceding the holiday or on another day following the holiday in the same pay period or as scheduled by the employee and the employee's supervisor, whichever allows a day off in addition to the employee's regularly scheduled days off, provided the employee is in a pay status on the employee's last regularly scheduled working day immediately before the holiday or on the employee's first regularly scheduled working day immediately after the holiday.

(b) Part-time employees receive pay for the holiday on a prorated basis according to rules adopted by the department of administration or appropriate administrative officer under 2-18-604 .

(c) A short-term worker or student intern may not receive holiday pay.

(2) For purposes of this section, the term "employee" does not include nonteaching school district employees.

(3) According to policies adopted by the department of administration:

(a) each full-time employee of an agency specified in 2-18-101 (1) is entitled to one floating holiday each calendar year;

(b) each part-time employee of an agency specified in 2-18-101 (1) is entitled to one floating holiday each calendar year that must be calculated proportionately to the floating holiday allowed to a full-time employee;

(c) unused floating holiday leave expires at the end of each calendar year, does not accrue, and is not paid out to employees on termination of employment; and

(d) a short-term worker or student intern may not receive a floating holiday.

(4) According to policies adopted by the legislative branch:

(a) each full-time employee of an entity of the legislative branch consolidated, as provided in 5-2-504 , is entitled to one floating holiday each calendar year;

(b) each part-time employee of an entity of the legislative branch consolidated, as provided in 5-2-504 , is entitled to one floating holiday each calendar year that must be calculated proportionately to the floating holiday allowed to a full-time employee;

(c) unused floating holiday leave expires at the end of each calendar year, does not accrue, and is not paid out to employees on termination of employment; and

(d) a short-term worker or student intern may not receive a floating holiday.
Mont. Code Ann. § 2-6-1013 — MT Code / Title 2 / Chapter 6 / Part 10 / Section 2-6-1013
2-6-1013 Preservation of public records -- possession of public records
Status: in_force

2-6-1013 . Preservation of public records -- possession of public records. (1) All public records are and remain the property of the public agency possessing the records. The public records must be delivered by outgoing public officers and employees to their successors and must be preserved, stored, transferred, destroyed, or disposed of and otherwise managed only in accordance with the provisions of this chapter.

(2) If an outgoing public officer or employee refuses or fails to deliver to the current public officer or employee any public records that pertain to that public office, the current public officer or employee may file a complaint in the district court of the county where the outgoing public officer or employee resides, pursuant to the Montana Rules of Civil Procedure, to compel the outgoing public officer or employee to deliver any public records still in the outgoing public officer or employee's possession to the current public officer or employee.
Mont. Code Ann. § 2-16-504 — MT Code / Title 2 / Chapter 16 / Part 5 / Section 2-16-504
2-16-504 Elective officers' inability to perform -- filling vacancy -- notice
Status: in_force

2-16-504 . Elective officers' inability to perform -- filling vacancy -- notice. (1) When an incumbent in the office of lieutenant governor, secretary of state, attorney general, auditor, or superintendent of public instruction is found to be permanently unable to perform the functions of the position, a vacancy exists.

(2) When a written declaration, made as provided in subsection (4), is transmitted to the legislature that any officer enumerated in subsection (1) is unable to discharge the powers and duties of office, the legislature may convene in the manner provided for the convening of special sessions to determine whether the disability exists or it may defer a determination to the next regular session of the legislature.

(3) If the legislature within 21 days after convening, whether in regular or special session, determines by two-thirds vote of its members that the officer is unable to discharge the powers and duties of office, the office is declared to be vacant and must be filled as provided by the constitution of Montana or laws enacted pursuant to the constitution.

(4) The written declaration required under this section must be made and transmitted by the lieutenant governor and attorney general unless one of them is the officer whose disability is in question. If the lieutenant governor is the subject of the declaration, the declaration must be made by the governor and attorney general, and if the attorney general is the subject of the declaration, the declaration must be made by the governor and secretary of state.
Mont. Code Ann. § 2-17-414 — MT Code / Title 2 / Chapter 17 / Part 4 / Section 2-17-414
2-17-414 State vehicles to use ethanol-blended gasoline -- definition
Status: in_force

2-17-414 . State vehicles to use ethanol-blended gasoline -- definition. (1) A department, agency, institution, office, board, and commission of the executive, legislative, and judicial branches of state government and a state institution of higher education owning or operating a motor vehicle capable of burning ethanol-blended gasoline shall take all reasonable steps to ensure that the operators of those vehicles use ethanol-blended gasoline in the vehicles if ethanol-blended gasoline is commercially available within the operating area of the vehicle and is priced competitively with the gasoline otherwise used by the vehicle.

(2) For purposes of this section, "ethanol-blended gasoline" means a fuel mixture of gasoline and ethanol produced from agricultural products, including grain and wood or wood products, and that is used for the purpose of effectively and efficiently operating internal combustion engines.

(3) An entity subject to the requirements of subsection (1) may not take any disciplinary, judicial, administrative, or other adverse action against the operator of a motor vehicle for failing to purchase ethanol-blended gasoline for the operation of the motor vehicle.
Mont. Code Ann. § 2-15-134 — MT Code / Title 2 / Chapter 15 / Part 1 / Section 2-15-134
2-15-134 Legal proceedings
Status: in_force

2-15-134 . Legal proceedings. The transfer or abolition of an agency or function by a reorganization within the executive branch does not affect the validity of any judicial or administrative proceeding pending or which could have been commenced before the effective date of the transfer or abolition, and the department or unit which succeeds to the functions of an agency relating to the proceeding shall be substituted as a party in interest.
Mont. Code Ann. § 2-17-412 — MT Code / Title 2 / Chapter 17 / Part 4 / Section 2-17-412
2-17-412 Assignment and transfer
Status: in_force

2-17-412 . Assignment and transfer. (1) The department of transportation may assign the use of state-owned or leased motor vehicles under its control to state officers, state agencies, or employees of state agencies.

(2) All motor vehicles in the custody of the department of transportation that are not placed under custody of the department by 2-17-411 must be equitably transferred to the custody of those agencies that have need of vehicles as demonstrated by use records.
Mont. Code Ann. § 2-18-611 — MT Code / Title 2 / Chapter 18 / Part 6 / Section 2-18-611
2-18-611 Annual vacation leave
Status: in_force

2-18-611 . Annual vacation leave. (1) Each permanent full-time employee shall earn annual vacation leave credits from the first day of employment. Vacation leave credits earned must be credited at the end of each pay period. However, employees are not entitled to any vacation leave with pay until they have been continuously employed for a period of 6 calendar months.

(2) Seasonal employees earn vacation credits. However, seasonal employees must be employed for 6 qualifying months before they may use the vacation credits. In order to qualify, seasonal employees shall immediately report back for work when operations resume in order to avoid a break in service.

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

(4) An employee may not accrue annual vacation leave credits while in a leave-without-pay status.

(5) Temporary employees earn vacation leave credits but may not use the credits until after working for 6 qualifying months.

(6) A short-term worker or a student intern, as both terms are defined in 2-18-601 , may not earn vacation leave credits, and time worked as a short-term worker or as a student intern does not apply toward the person's rate of earning vacation leave credits.
Mont. Code Ann. § 2-18-813 — MT Code / Title 2 / Chapter 18 / Part 8 / Section 2-18-813
2-18-813 Combining existing employee groups authorized
Status: in_force

2-18-813 . Combining existing employee groups authorized. The department may combine existing state employee groups into larger groups for the purpose of establishing state employee group benefit plans on behalf of the combined groups. The department may also combine state employees into a single group for purposes of state employee group benefits under this part.
Mont. Code Ann. § 2-9-514 — MT Code / Title 2 / Chapter 9 / Part 5 / Section 2-9-514
2-9-514 Additional security
Status: in_force

2-9-514 . Additional security. (1) The additional bond given pursuant to 2-9-513 (2) must be in the penalty directed by the court, judge, board, officer, or other person and in all other respects similar to the original bond and approved by and filed with the same officer as required in case of the approval and filing of the original bond.

(2) Each additional bond filed and approved is of like force and obligation upon the principal and sureties from the time of its execution and subjects the officer and the sureties to the same liabilities, suits, and actions that are prescribed respecting the original bonds of officers.

(3) The original bond is not discharged or affected when an additional bond has been given, but the original bond remains of the same force and obligation as if the additional bond had not been given.
Mont. Code Ann. § 2-16-201 — MT Code / Title 2 / Chapter 16 / Part 2 / Section 2-16-201
2-16-201 Manner of election of certain officers
Status: in_force

2-16-201 . Manner of election of certain officers. The mode of election of the governor, lieutenant governor, secretary of state, state auditor, attorney general, and superintendent of public instruction is prescribed by the constitution.
Mont. Code Ann. § 2-17-813 — MT Code / Title 2 / Chapter 17 / Part 8 / Section 2-17-813
2-17-813 Certain items entrusted to Montana historical society
Status: in_force

2-17-813 . Certain items entrusted to Montana historical society. A bust, plaque, statue, memorial, monument, or art display in possession of the state that may have been associated with the capitol complex but is not listed under 2-17-808 is entrusted to the Montana historical society for storage or temporary display until a suitable location is identified, recommended for placement by the council, and approved by the legislature for long-term placement.
Mont. Code Ann. § 2-15-1514 — MT Code / Title 2 / Chapter 15 / Part 15 / Section 2-15-1514
2-15-1514 State library commission
Status: in_force

2-15-1514 . State library commission. (1) There is a state library commission created in Title 22, chapter 1.

(2) The composition, method of appointment, terms of office, compensation, reimbursement, and qualifications of commission members are as prescribed by law.
Mont. Code Ann. § 2-4-313 — MT Code / Title 2 / Chapter 4 / Part 3 / Section 2-4-313
2-4-313 Copies -- subscriptions -- fees
Status: in_force

2-4-313 . Copies -- subscriptions -- fees. (1) The secretary of state may make printed copies, subscriptions, supplements, or revisions to the ARM or the register available to any person for a fee set in accordance with subsection (4). Fees are not refundable.

(2) The secretary of state may charge agencies a filing fee for all material to be published in the ARM or the register.

(3) In addition to the fees authorized by 2-4-311 and other fees authorized by this section, the secretary of state may charge fees for internet or other computer-based services requested by state agencies, groups, or individuals.

(4) The secretary of state shall set and deposit the fees authorized in this section in accordance with 2-15-405 .
Mont. Code Ann. § 2-15-1530 — MT Code / Title 2 / Chapter 15 / Part 15 / Section 2-15-1530
2-15-1530 Montana university system interunit benefits advisory committee -- composition
Status: in_force

2-15-1530 . Montana university system interunit benefits advisory committee -- composition. (1) There is a Montana university system interunit benefits advisory committee with members appointed by the commissioner.

(2) The members must be selected from a diverse group in order to adequately represent the interests of the employees of the Montana university system.

(3) One-half of the members must be appointed based upon the recommendations of the labor organizations representing employees of the Montana university system.

(4) The provisions of 2-15-122 (1) through (8) apply to the advisory committee and its members.
Mont. Code Ann. § 2-16-617 — MT Code / Title 2 / Chapter 16 / Part 6 / Section 2-16-617
2-16-617 Form of circulation sheets
Status: in_force

2-16-617 . Form of circulation sheets. (1) The signatures on each petition must be placed on sheets of paper known as circulation sheets. Each circulation sheet must be substantially 8 1/2 x 14 inches or a continuous sheet may be folded so as to meet this size limitation. The circulation sheets must be ruled with a horizontal line 1 1/2 inches from the top of the sheet. The space above the line must remain blank and must be for the purpose of binding.

(2) The petition, for purposes of circulation, may be divided into sections, each section to contain not more than 25 circulation sheets.

(3) Before a petition may be circulated for signatures, a sample circulation sheet must be submitted to the officer with whom the petition must be filed in the form in which it will be circulated. The filing officer shall review the petition for sufficiency as to form and approve or reject the form of the petition, stating the reasons for rejection, within 1 week of receiving the sheet.

(4) The petition form submitted must be accompanied by a written statement containing the reasons for the desired recall as stated on the petition. The truth of purported facts contained in the statement must be sworn to by at least one of the petitioners before a person authorized to administer oaths.

(5) The filing officer shall serially number all approved petitions continuously from year to year.
Mont. Code Ann. § 2-7-514 — MT Code / Title 2 / Chapter 7 / Part 5 / Section 2-7-514
2-7-514 Filing of audit report and financial report
Status: in_force

2-7-514 . Filing of audit report and financial report. (1) Completed audit reports must be filed with the department. Completed financial reports must be filed with the department as provided in 2-7-503 (1). The state superintendent of public instruction shall file with the department a list of school districts subject to audit under 2-7-503 (3). The list must be filed with the department within 6 months after the close of the fiscal year.

(2) At the time that the financial report is filed or, in the case of a school district, when the audit report is filed with the department, the local government entity shall pay to the department a filing fee. The department shall charge a filing fee to any local government entity required to have an audit under 2-7-503 , which fee must be based upon the costs incurred by the department in the administration of this part. Notwithstanding the provisions of 20-9-343 , the filing fees for school districts required by this section must be paid by the office of public instruction. The department shall adopt the fee schedule by rule based upon the local government entities' revenue amounts, except that a local government meeting the requirements of 2-7-503 (3)(b) shall pay only the administrative fee set by the department in rule.

(3) Copies of the completed audit and financial reports must be made available by the department and the local government entity for public inspection during regular office hours.
Mont. Code Ann. § 2-1-307 — MT Code / Title 2 / Chapter 1 / Part 3 / Section 2-1-307
2-1-307 Service of process
Status: in_force

2-1-307 . Service of process. All legal process of the state, both civil and criminal, may be served upon persons and property found on any Indian reservation in all cases where the United States has not exclusive jurisdiction.
Mont. Code Ann. § 2-16-619 — MT Code / Title 2 / Chapter 16 / Part 6 / Section 2-16-619
2-16-619 Submission of circulation sheets -- certification of signatures
Status: in_force

2-16-619 . Submission of circulation sheets -- certification of signatures. (1) Signed circulation sheets or sections of a petition for recall must be submitted to the officer responsible for registration of electors in the county in which the signatures were obtained within 3 months of the date the form of the petition was approved under 2-16-617 .

(2) An affidavit, in substantially the following form, must be attached to each circulation sheet or section submitted to the county officer:

(Name of person circulating petition), being first sworn, deposes and says: I circulated or assisted in circulating the petition to which this affidavit is attached, and I believe that the signatures on the petition are genuine and are the signatures of the persons whose names they purport to be and that the signers knew the contents of the petition before signing the petition.

.................. (Signature)

Subscribed and sworn before me this .... day of ....,20...

............ (Person authorized to take oaths)

Seal ................ (Title or notarial information)
Mont. Code Ann. § 2-18-319 — MT Code / Title 2 / Chapter 18 / Part 3 / Section 2-18-319
2-18-319 Terminated
Status: in_force

2-18-319 . Terminated. Sec. 5, Ch. 49, L. 1995.
Mont. Code Ann. § 2-17-514 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-514
2-17-514 Department -- enforcement responsibilities
Status: in_force

2-17-514 . Department -- enforcement responsibilities. (1) If the department determines that an agency is not in compliance with the state strategic information technology plan provided for in 2-17-521 , the agency information technology plan provided for in 2-17-523 , or the statewide information technology policies, framework, controls, standards, procedures, and guidelines provided for in 2-17-505 and 2-17-512 , the department may cancel or modify any contract, project, or activity that is not in compliance.

(2) If the department determines that an agency is not in compliance with the state security policies, framework, controls, standards, procedures, and guidelines provided for in 2-17-534 , the department may take appropriate action, in its sole discretion, up to and including terminating the information technology resource and requiring the use of an alternative information technology resource.

(3) Any contract entered into by an agency that includes information technology resources must include language developed by the department that references the department's enforcement responsibilities provided for in subsection (1). A contract that does not contain the required language is considered to be in violation of state law and is voidable pursuant to subsection (1). The language developed by the department may not be varied pursuant to 18-4-224 .
Mont. Code Ann. § 2-16-107 — MT Code / Title 2 / Chapter 16 / Part 1 / Section 2-16-107
2-16-107 Use of Montana flag at funerals
Status: in_force

2-16-107 . Use of Montana flag at funerals. (1) A public official has the right to have a Montana state flag draped over the casket of the public official. The family of the public official is responsible for providing the flag.

(2) As used in this section, "public official" means a person who was ever elected to a statewide office, a state office from a district, or a countywide office.
Mont. Code Ann. § 2-6-1003 — MT Code / Title 2 / Chapter 6 / Part 10 / Section 2-6-1003
2-6-1003 Access to public information -- safety and security exceptions -- additional exceptions
Status: in_force

2-6-1003 . Access to public information -- safety and security exceptions -- additional exceptions. (1) Except as provided in subsections (2) through (4), every person has a right to examine and obtain a copy of any public information of this state.

(2) A public officer may withhold from public scrutiny information relating to individual or public safety or the security of public facilities, including public schools, jails, correctional facilities, private correctional facilities, and prisons, if release of the information jeopardizes the safety of facility personnel, the public, students in a public school, or inmates of a facility. A public officer may not withhold from public scrutiny any more information than is required to protect individual or public safety or the security of public facilities.

(3) The Montana historical society may honor restrictions imposed by private record donors as long as the restrictions do not apply to public information. All restrictions must expire no later than 50 years from the date the private record was received. On the expiration of the restriction, the private records must be made accessible to the public.

(4) Except as provided in 87-1-213 , the department of fish, wildlife, and parks, and any party with whom the department has shared the information under a data-sharing agreement pursuant to 87-1-213 , may not release wildlife location data or telemetry frequencies of hunted or trapped animals.

(5) A public agency may not refuse to disclose public information because the requested public information is part of litigation or may be part of litigation unless the information is protected from disclosure under another applicable law.
Mont. Code Ann. § 2-8-105 — MT Code / Title 2 / Chapter 8 / Part 1 / Section 2-8-105
2-8-105 Determination of agencies and programs to be reviewed
Status: in_force

2-8-105 . Determination of agencies and programs to be reviewed. (1) Before September 1 of each even-numbered year, the governor may furnish the legislative audit committee with a list of recommendations for agencies and programs to be terminated and subject to a performance audit during the next biennium pursuant to the provisions of this chapter. The list must be prioritized and must set forth the governor's reasons for recommending each agency or program for review.

(2) The legislative audit committee shall review the list submitted by the governor, suggestions from legislators and legislative committees, staff recommendations, and any other relevant information and compile recommendations of agencies and programs to be terminated and subject to a performance audit. The committee shall submit its recommendations to the next legislature in the form of a bill terminating those designated agencies and programs at the times specified in the bill and requiring a performance audit of each agency and program under the provisions of Title 2, chapter 8, within the time specified and prior to termination.
Mont. Code Ann. § 2-17-1104 — MT Code / Title 2 / Chapter 17 / Part 11 / Section 2-17-1104
2-17-1104 Rulemaking
Status: in_force

2-17-1104 . Rulemaking. The department may adopt rules to implement this part.
Mont. Code Ann. § 2-17-523 — MT Code / Title 2 / Chapter 17 / Part 5 / Section 2-17-523
2-17-523 Agency information technology plans -- policy
Status: in_force

2-17-523 . Agency information technology plans -- policy. (1) Each state agency is required to develop and maintain an agency information technology plan. The agency information technology plans must reflect the content and format requirements specified in 2-17-524 .

(2) An agency information technology plan must be submitted to and approved by the department as described in 2-17-527 .

(3) New investments in information technology resources can be included in the governor's budget only if the technology is in the agency information technology plan and is in support of the state information technology strategic plan.
Mont. Code Ann. § 2-18-512 — MT Code / Title 2 / Chapter 18 / Part 5 / Section 2-18-512
2-18-512 Prohibition on travel expenses for conventions -- exception
Status: in_force

2-18-512 . Prohibition on travel expenses for conventions -- exception. A state officer or employee of the state may not receive payment from any public funds for traveling expenses or other expenses for attendance at any convention, meeting, or other gathering of public officers except for attendance at a convention, meeting, or other gatherings that the officer or employee may by virtue of the office or employment find it necessary to attend.
Mont. Code Ann. § 2-15-3321 — MT Code / Title 2 / Chapter 15 / Part 33 / Section 2-15-3321
2-15-3321 Terminated
Status: in_force

2-15-3321 . Terminated. Sec. 15, Ch. 456, L. 1999.
Mont. Code Ann. § 2-16-614 — MT Code / Title 2 / Chapter 16 / Part 6 / Section 2-16-614
2-16-614 Number of electors required for recall petition
Status: in_force

2-16-614 . Number of electors required for recall petition. (1) Recall petitions for elected or appointed state officers must contain the signatures of qualified electors equaling at least 10% of the number of persons registered to vote at the preceding state general election.

(2) A petition for the recall of a state-district officer must contain the signatures of qualified electors equaling at least 15% of the number of persons registered to vote in the last preceding election in that district.

(3) (a) Except as provided in subsection (3)(b), recall petitions for elected or appointed county officers must contain the signatures of qualified electors equaling at least 15% of the number of persons registered to vote at the preceding county general election.

(b) If a recall petition is for a county commissioner in a county that is divided into commissioner districts pursuant to 7-4-2102 , then the petition:

(i) must contain the signatures of qualified electors equaling at least 15% of the number of persons registered to vote at the preceding county general election; and

(ii) must also contain the signatures from at least 15% of the qualified electors residing in that commissioner's commission district.

(4) Recall petitions for elected or appointed officers of municipalities or school districts must contain the signatures of qualified electors equaling at least 20% of the number of persons registered to vote at the preceding election for the municipality or school district.
Mont. Code Ann. § 2-4-309 — MT Code / Title 2 / Chapter 4 / Part 3 / Section 2-4-309
2-4-309 Rulemaking authority for laws not yet effective -- rule not effective until law effective
Status: in_force

2-4-309 . Rulemaking authority for laws not yet effective -- rule not effective until law effective. Unless otherwise provided in the statute, an agency may proceed with rulemaking under this chapter after the enactment of a statute to be implemented by rule, but a rule may not become effective prior to the effective date of the statute.
Mont. Code Ann. § 2-15-3308 — MT Code / Title 2 / Chapter 15 / Part 33 / Section 2-15-3308
2-15-3308 Drought and water supply advisory committee -- stream gauge oversight
Status: in_force

2-15-3308 . Drought and water supply advisory committee -- stream gauge oversight. (1) There is a drought and water supply advisory committee in the department of natural resources and conservation.

(2) The drought and water supply advisory committee is chaired by a representative of the governor and consists of representatives of the departments of natural resources and conservation; agriculture; commerce; fish, wildlife, and parks; military affairs; environmental quality; and livestock. The governor's representative must be appointed by the governor, and the representative of each department must be appointed by the head of that department. Additional, nonvoting members who represent federal and local government agencies and public and private interests affected by drought, flooding, or water supply may also be appointed by the governor.

(3) The drought and water supply advisory committee shall:

(a) with the approval of the governor, develop and implement a state plan that considers drought and flooding, mitigation, and response;

(b) review and report drought and water supply monitoring information to the public;

(c) coordinate timely drought and flooding impact assessments and maintain regular communication with the United States drought monitor, the national drought mitigation center, the division of disaster and emergency services, the national weather service, and other appropriate local, state, tribal, and federal partners;

(d) identify areas of the state with a high probability of drought or flooding and target reporting and assistance efforts to those areas in coordination with local, state, tribal, and federal agencies;

(e) upon request, assist in organizing local advisory committees for the areas identified under subsection (3)(d);

(f) request state agency staff to provide technical assistance to local advisory committees;

(g) promote ideas and activities for groups and individuals to consider that may reduce vulnerability to drought or flooding and improve seasonal forecasting of water supply; and

(h) coordinate oversight of the statewide stream gauge network identified by the department of natural resources and conservation, including:

(i) an early notification process for the discontinuation of any network gauge;

(ii) an annual review of the funding status and potential alterations to the network; and

(iii) an annual report to the water policy interim committee, in accordance with 5-11-210 , on the drought and water supply advisory committee's network oversight activities.

(4) The drought and water supply advisory committee shall meet, at a minimum, on or around October 15 and March 15 of each year to assess moisture conditions and forecasts and, as appropriate, begin preparations for drought or flood mitigation.

(5) By April 15 of each year, the drought and water supply advisory committee shall submit a report to the governor's office that, to the extent possible, describes the potential for drought or flooding in the coming year, describes the current water supply conditions of the state, taking into consideration winter precipitation, and provides an assessment of the cumulative water supply status.

(6) By July 1 of each year, the drought and water supply advisory committee shall submit a report to the governor's office evaluating the potential for drought for the remainder of the calendar year. If the report identifies a potential for drought that is likely to cause adverse impacts to human health and safety, environmental quality, or both, the committee shall notify the division of disaster and emergency services and county commissioners, tribal governments, conservation districts, and local watershed groups in the geographic location potentially impacted by drought and the types of impacts likely to occur.

(7) Nothing in this section is intended to remove or interfere with the duties and responsibilities of the governor or the division of disaster and emergency services for disaster coordination and emergency response, as provided in Title 10, chapter 3, part 1. The duties and responsibilities of the drought and water supply advisory committee supplement and are consistent with those of the division of disaster and emergency services for drought or flood planning, preparation, coordination, and mitigation.
Mont. Code Ann. § 2-18-717 — MT Code / Title 2 / Chapter 18 / Part 7 / Section 2-18-717
2-18-717 Disclosures by air ambulance service
Status: in_force

2-18-717 . Disclosures by air ambulance service. An out-of-network nonhospital-controlled air ambulance service must disclose by July 1 of each year any relationships or financial arrangements with health care providers, insurers, or health plans. This includes but is not limited to employment arrangements, ownership interests, first call agreements, and board memberships. This information must be filed with the department of public health and human services and also posted prominently on the commissioner of insurance's website. The air ambulance service must ensure the continued accuracy of this information throughout the year by submitting written updates within 5 days of any changes to the information.
Mont. Code Ann. § 2-15-3003 — MT Code / Title 2 / Chapter 15 / Part 30 / Section 2-15-3003
2-15-3003 Board of hail insurance
Status: in_force

2-15-3003 . Board of hail insurance. (1) There is a board of hail insurance of five members consisting of the state auditor, the director of agriculture, who is secretary of the board, and three other members to be appointed by the governor and confirmed by the senate.

(2) The governor shall designate one of the appointive members to act as presiding officer of the board.

(3) Whenever the term of any member expires, either by death, resignation, removal for cause, or expiration of the member's term of office, the governor shall appoint a successor and shall also appoint one of the board as presiding officer in case of a vacancy in that office.

(4) Each appointive member of the board must be appointed for 3 years, except when an appointment is made to fill a vacancy on the board, in which case the appointee shall fill out the unexpired term of the member whose place the appointee fills.

(5) All members of the board are subject to removal for cause by the governor.

(6) The board is allocated to the department of agriculture for administrative purposes only as provided in 2-15-121 . The department may charge the board for services provided by the department pursuant to 2-15-121 . The costs charged by the department must be commensurate with the cost of the services provided.
Mont. Code Ann. § 2-17-401 — MT Code / Title 2 / Chapter 17 / Part 4 / Section 2-17-401
2-17-401 Title to motor vehicles
Status: in_force

2-17-401 . Title to motor vehicles. The legal title to state-owned motor vehicles shall be held in the name of the state only, and all agencies holding title to motor vehicles are hereby required to transfer the same to the state. In instances where such transfer would affect the federal funding of the agency involved, the agency transferring a vehicle in accordance with this part shall be reimbursed in the amount of the fair value of the vehicle transferred necessary to assure continued participation in federal funding of the program.
Mont. Code Ann. § 2-9-108 — MT Code / Title 2 / Chapter 9 / Part 1 / Section 2-9-108
2-9-108 Limitation on governmental liability for damages in tort
Status: in_force

2-9-108 . Limitation on governmental liability for damages in tort. (1) The state, a county, municipality, taxing district, or any other political subdivision of the state is not liable in tort action for damages suffered as a result of an act or omission of an officer, agent, or employee of that entity in excess of $750,000 for each claim and $1.5 million for each occurrence.

(2) The state, a county, municipality, taxing district, or any other political subdivision of the state is not liable in tort action for damages suffered as a result of negligence of an officer, agent, or employee of that entity by a person while the person was confined in or was otherwise in or on the premises of a correctional or detention institution or facility to serve a sentence imposed upon conviction of a criminal offense. The immunity granted by this subsection does not extend to serious bodily injury or death resulting from negligence or to damages resulting from medical malpractice, gross negligence, willful or wanton misconduct, or an intentional tort. This subsection does not create an exception from the dollar limitations provided for in subsection (1).

(3) An insurer is not liable for excess damages unless the insurer specifically agrees by written endorsement to provide coverage to the governmental agency involved in amounts in excess of a limitation stated in this section, in which case the insurer may not claim the benefits of the limitation specifically waived.
Mont. Code Ann. § 2-15-1706 — MT Code / Title 2 / Chapter 15 / Part 17 / Section 2-15-1706
2-15-1706 Commission for human rights -- allocation -- quasi-judicial
Status: in_force

2-15-1706 . Commission for human rights -- allocation -- quasi-judicial. (1) There is a commission for human rights.

(2) The commission consists of five members appointed by the governor with the consent of the senate.

(3) The commission is designated as a quasi-judicial board for the purposes of 2-15-124 and its members must be compensated and receive travel expenses as provided for in 2-15-124 .

(4) The commission is allocated to the department of labor and industry for administrative purposes only as provided in 2-15-121 .
Mont. Code Ann. § 2-9-522 — MT Code / Title 2 / Chapter 9 / Part 5 / Section 2-9-522
2-9-522 Release of sureties
Status: in_force

2-9-522 . Release of sureties. Any surety on the official bond of any county, city, town, or township officer or on the official bond of any executor, administrator, guardian or on the bond or undertaking of any person where by law a bond or undertaking is required may be released from all liability thereon accruing from and after proper proceedings had therefor, as provided in this part.
Mont. Code Ann. § 2-17-105 — MT Code / Title 2 / Chapter 17 / Part 1 / Section 2-17-105
2-17-105 Insurance on state buildings -- use of proceeds -- building replacement
Status: in_force

2-17-105 . Insurance on state buildings -- use of proceeds -- building replacement. (1) Money received by the state as indemnification for damage to state buildings, except buildings procured by the department of transportation by purchase or condemnation for right-of-way purposes, must be deposited in the state special revenue fund. The money is statutorily appropriated, as provided in 17-7-502 , for the purposes of subsections (2) and (3).

(2) The money may only be:

(a) used to repair the damaged property;

(b) used to replace the damaged property, subject to the limitations in subsection (3); or

(c) transferred to the fund and account from which the premiums were paid on the policy covering the building. Money transferred in this manner may not be spent by the institution or agency having custody of the damaged property but must be available for future legislative appropriation. If the money is not spent or committed within 2 years from the time that it is received, the money automatically reverts to the fund and account from which the premiums were paid.

(3) If an insured building is totally destroyed or so badly damaged that repair is impractical, the governing board or officer responsible for the building may request that any money received by the state as indemnification for property damage be used to replace the building only if the proposed replacement is designed to be used for the same general purposes as the damaged or destroyed building. If the governing board or officer determines that the building should not be replaced, any money received by the state as indemnification for property damage over and above any outstanding debt on the building must be transferred as provided in subsection (2)(c).
Mont. Code Ann. § 2-15-3015 — MT Code / Title 2 / Chapter 15 / Part 30 / Section 2-15-3015
2-15-3015 Montana agriculture development council
Status: in_force

2-15-3015 . Montana agriculture development council. (1) There is a Montana agriculture development council. The council is allocated to the department of agriculture for administrative purposes only, as provided in 2-15-121 .

(2) The council is composed of seven members appointed by the governor, including the director of the department of agriculture, the director of the department of commerce, and five members who are or have been actively engaged in agriculture. Members shall serve staggered 3-year terms commencing on July 1 of each year of appointment.
Mont. Code Ann. § 2-18-627 — MT Code / Title 2 / Chapter 18 / Part 6 / Section 2-18-627
2-18-627 Paid leave for disaster relief volunteer service
Status: in_force

2-18-627 . Paid leave for disaster relief volunteer service. (1) An agency may grant to a state employee up to 15 days in a calendar year of a paid leave of absence for the employee to participate in specialized disaster relief services for the American red cross if:

(a) the employee is a certified American red cross disaster relief volunteer; and

(b) the American red cross has requested the employee's services.

(2) Leave time granted pursuant to this section:

(a) must be paid at the regular rate of compensation, including regular group, retirement, or leave accrual benefits, for the regular work hours during which the employee is absent from the employee's regular duties;

(b) commences upon approval of the employee's employing agency; and

(c) may not be charged against any other leave to which the employee is entitled.

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

(a) "Agency" has the meaning provided in 2-18-101 .

(b) "Employee" means any person employed by an agency, except an elected official.
Mont. Code Ann. § 2-15-301 — MT Code / Title 2 / Chapter 15 / Part 3 / Section 2-15-301
2-15-301 Office of lieutenant governor
Status: in_force

2-15-301 . Office of lieutenant governor. There is created an office of lieutenant governor.