reglab/housing_qa huggingface dataset:
MT Code § 17-8-402 (2021)
2021 Montana Code Annotated|Title 17. State Finance|Chapter 8. Disbursement and Expenditure|Part 4. False Claims|17-8-402. Definitions

  17-8-402. Definitions. As used in this part, the following definitions apply:   (1) "Claim" includes any request or demand for money, property, or services, whether made pursuant to a contract and regardless of whether a governmental entity holds title to the money or property, that is made to:   (a) an employee, officer, agent, or other representative of a governmental entity; or   (b) a contractor, grantee, or other person, whether under contract or not, if any portion of the money, property, or services requested or demanded is to be spent or used on a governmental entity's behalf or to advance a governmental program or interest and if the governmental entity:   (i) provides or has provided any portion of the money, property, or services requested or demanded; or   (ii) will reimburse a contractor, grantee, or other person for any portion of the money, property, or services requested or demanded.   (2) "Government attorney" means the attorney general except for complaints involving a unit of the university system.   (3) "Governmental entity" means:   (a) the state;   (b) a city, town, county, school district, tax or assessment district, or other political subdivision of the state; or   (c) a unit of the Montana university system.   (4) (a) "Knowingly" means that a person, with respect to information, does any of the following:   (i) has actual knowledge of the information;   (ii) acts in deliberate ignorance of the truth or falsity of the information; or   (iii) acts in reckless disregard of the truth or falsity of the information.   (b) A specific intent to defraud is not required.   (5) "Material" means having a natural tendency to influence or be capable of influencing the payment or receipt of money, property, or services.   (6) "Obligation" means an established duty, whether fixed or not, arising from:   (a) an express or implied contractual, grantor-grantee, or licensor-licensee relationship;   (b) a fee-based or similar relationship;   (c) a statute or regulation; or   (d) the retention of any overpayment.   (7) "Person" includes any natural person, corporation, firm, association, organization, partnership, limited liability company, business, trust, or other legal or business entity.   (8) "State" means the state of Montana.   History: En. Sec. 2, Ch. 465, L. 2005; amd. Sec. 1, Ch. 64, L. 2009; amd. Sec. 1, Ch. 388, L. 2013.
MT Code § 17-8-404 (2021)
2021 Montana Code Annotated|Title 17. State Finance|Chapter 8. Disbursement and Expenditure|Part 4. False Claims|17-8-404. Limitation of actions

  17-8-404. Limitation of actions. (1) A complaint or civil action filed under 17-8-405 or 17-8-406 must be brought by the later of:   (a) 6 years after the date on which the violation was committed; or   (b) 3 years after the date when facts material to the right of action are known or reasonably should have been known by the official of the governmental entity charged with responsibility to act in the circumstances.   (2) In no event may an action brought pursuant to subsection (1)(b) be brought more than 10 years after the date on which the violation was committed.   (3) If the governmental entity elects to intervene in any action brought under 17-8-406, the complaint in intervention must relate back to the filing date of the original complaint to the extent that the governmental entity's claim arises out of the conduct, transactions, or occurrences set forth or attempted to be set forth in the original complaint.   History: En. Sec. 4, Ch. 465, L. 2005; amd. Sec. 3, Ch. 64, L. 2009; amd. Sec. 3, Ch. 388, L. 2013.
MT Code § 17-8-405 (2021)
2021 Montana Code Annotated|Title 17. State Finance|Chapter 8. Disbursement and Expenditure|Part 4. False Claims|17-8-405. Investigation and civil action by government attorney

  17-8-405. Investigation and civil action by government attorney. The government attorney shall investigate an alleged violation of 17-8-403 and may file a civil action against any person who has violated or is violating 17-8-403.   History: En. Sec. 5, Ch. 465, L. 2005; amd. Sec. 4, Ch. 64, L. 2009.
MT Code § 17-8-407 (2021)
2021 Montana Code Annotated|Title 17. State Finance|Chapter 8. Disbursement and Expenditure|Part 4. False Claims|17-8-407. Dismissal of civil action

  17-8-407. Dismissal of civil action. On the motion of the government attorney, the court may dismiss a civil action notwithstanding the objection of the person who initiated the action if the government attorney has notified the person of the filing of the motion to dismiss and the court has given the person an opportunity to oppose the motion and present evidence at a hearing.   History: En. Sec. 7, Ch. 465, L. 2005; amd. Sec. 6, Ch. 64, L. 2009.
MT Code § 17-8-408 (2021)
2021 Montana Code Annotated|Title 17. State Finance|Chapter 8. Disbursement and Expenditure|Part 4. False Claims|17-8-408. Repealed

  17-8-408. Repealed. Sec. 11, Ch. 64, L. 2009.   History: En. Sec. 8, Ch. 465, L. 2005.
MT Code § 17-8-409 (2021)
2021 Montana Code Annotated|Title 17. State Finance|Chapter 8. Disbursement and Expenditure|Part 4. False Claims|17-8-409. Burden of proof -- effect of criminal conviction

  17-8-409. Burden of proof -- effect of criminal conviction. (1) The plaintiff in an action under 17-8-405 or 17-8-406 shall prove each essential element of the cause of action, including damages, by a preponderance of the evidence.   (2) A person convicted of or who pleaded guilty or nolo contendere to a criminal offense may not deny the essential elements of the offense in an action under 17-8-405 or 17-8-406 that involves the same event or events as the criminal proceeding.   History: En. Sec. 9, Ch. 465, L. 2005.
MT Code § 17-8-411 (2021)
2021 Montana Code Annotated|Title 17. State Finance|Chapter 8. Disbursement and Expenditure|Part 4. False Claims|17-8-411. Costs and attorney fees

  17-8-411. Costs and attorney fees. The governmental entity that filed a civil action or intervened is entitled to reasonable costs and attorney fees if the action is settled favorably for the governmental entity or the governmental entity prevails. In an action in which outside counsel is engaged by a government attorney, the costs and attorney fees awarded to that counsel must equal the outside counsel's charges reasonably incurred for costs and attorney fees in prosecuting the action. In any other actions in which costs and attorney fees are awarded to the governmental entity, they must be calculated by reference to the hourly rate charged by the department of justice agency legal services bureau for the provision of legal services to state agencies, multiplied by the number of attorney hours devoted to the prosecution of the action, plus the actual cost of any expenses reasonably incurred in the prosecution of the action. A person who is a plaintiff or coplaintiff is entitled to reasonable expenses that the court finds to have been necessarily incurred, plus reasonable costs and attorney fees, if the action is settled favorably for the governmental entity or the governmental entity prevails in the action. A defendant in a civil action brought pursuant to this part who prevails in an action that is not settled and that the court finds was clearly frivolous or brought solely for harassment purposes is entitled to the defendant's reasonable costs and attorney fees. If the governmental entity does not intervene, it is not responsible for any of the defendant's fees and costs.   History: En. Sec. 11, Ch. 465, L. 2005; amd. Sec. 8, Ch. 64, L. 2009; amd. Sec. 5, Ch. 388, L. 2013.
MT Code § 17-8-412 (2021)
2021 Montana Code Annotated|Title 17. State Finance|Chapter 8. Disbursement and Expenditure|Part 4. False Claims|17-8-412. Retaliatory actions prohibited -- remedies

  17-8-412. Retaliatory actions prohibited -- remedies. (1) A governmental entity, private entity, or person may not adopt or enforce a rule, regulation, or policy preventing an employee, agent, or contractor from disclosing information to a government or law enforcement agency with regard to or from acting in furtherance of an investigation of a violation of 17-8-403 or an action brought pursuant to 17-8-405 or 17-8-406.   (2) A governmental entity, private entity, or person may not discharge, demote, suspend, threaten, harass, or deny promotion to or in any other manner discriminate against an employee, agent, or contractor in the terms and conditions of employment, agency, or contract because of the disclosure by the employee, agent, or contractor of information to a government or law enforcement agency pertaining to a violation of 17-8-403.   (3) An employee, contractor, or agent is entitled to all relief necessary to make the employee, contractor, or agent whole if the employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, or agent or associated others in furtherance of an action under this part or other efforts to stop one or more violations of this part.   (4) Relief under subsection (3) includes reinstatement with the same seniority status the employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney fees. A civil action may be brought in the appropriate district court of the state for the relief provided in this subsection.   (5) A civil action under this section may not be brought more than 3 years after the date on which the retaliation occurred.   History: En. Sec. 12, Ch. 465, L. 2005; amd. Sec. 9, Ch. 64, L. 2009; amd. Sec. 6, Ch. 388, L. 2013.
MT Code § 17-8-413 (2021)
2021 Montana Code Annotated|Title 17. State Finance|Chapter 8. Disbursement and Expenditure|Part 4. False Claims|17-8-413. Settlement by government attorney

  17-8-413. Settlement by government attorney. A government attorney may settle the case with a defendant notwithstanding the objections of the persons who initiated the action if the court determines, after a hearing, that the settlement is fair, adequate, and reasonable under the circumstances. Upon a showing of good cause, the hearing may be held in camera.   History: En. Sec. 10, Ch. 64, L. 2009.
MT Code § 17-8-414 (2021)
2021 Montana Code Annotated|Title 17. State Finance|Chapter 8. Disbursement and Expenditure|Part 4. False Claims|17-8-414. and 17-8-415 reserved

  17-8-414 and 17-8-415 reserved.
MT Code § 17-8-416 (2021)
2021 Montana Code Annotated|Title 17. State Finance|Chapter 8. Disbursement and Expenditure|Part 4. False Claims|17-8-416. Reporting

  17-8-416. Reporting. The attorney general shall submit to the law and justice interim committee a report in accordance with 5-11-210 containing the following information:  (1) the number of cases filed under the Montana False Claims Act, Title 17, chapter 8, part 4, that were pending in the state during the previous calendar year;   (2) the number of cases filed under the Montana False Claims Act that were settled during the previous calendar year;   (3) the number of cases filed under the Montana False Claims Act in which judgment was entered during the previous calendar year;   (4) the total proceeds paid to the state and the total proceeds paid to the qui tam plaintiffs in cases filed under the Montana False Claims Act during the previous calendar year; and   (5) the number of qui tam cases pending in other jurisdictions involving the state in the previous calendar year.   History: En. Sec. 7, Ch. 388, L. 2013; amd. Sec. 43, Ch. 261, L. 2021.
MT Code § 18-1-101 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 1. Preferences and General Matters|18-1-101. Definitions

  18-1-101. Definitions. (1) Unless the context requires otherwise, in this title, "department" means the department of administration provided for in Title 2, chapter 15, part 10.   (2) Unless the context requires otherwise, in this part, the following definitions apply:   (a) "Goods" means supplies, equipment, materials, commodities, and specially manufactured products.   (b) "Nonresident bidder" means a bidder whose residence is not in this state as determined under 18-1-103.   (c) (i) "Public agency" means a department, commission, council, board, bureau, committee, institution, agency, government corporation, or other entity, instrumentality, or official of the legislative, executive, or judicial branch of this state and its political subdivisions, including the board of regents and the Montana university system.   (ii) Public agency does not include a political subdivision for purposes of 18-1-102(1)(b).   (d) "Resident bidder" means a bidder whose residence is in this state as determined under 18-1-103.   (e) "Written" means that whenever written or in-writing determinations or documents are required, the public agency responsible for the procurement may specify an appropriate visual medium, such as by computer transmission or by facsimile machine transmission, in the specifications, contract, or rules of the public agency.   History: En. 82-1901.1 by Sec. 57, Ch. 326, L. 1974; R.C.M. 1947, 82-1901.1; amd. Sec. 1, Ch. 512, L. 1987; amd. Sec. 1, Ch. 443, L. 1997; amd. Sec. 8, Ch. 181, L. 2001.
MT Code § 18-1-102 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 1. Preferences and General Matters|18-1-102. State contracts to lowest bidder -- reciprocity

  18-1-102. State contracts to lowest bidder -- reciprocity. (1) In order to provide for an orderly administration of the business of the state of Montana in awarding public contracts for the purchase of goods and for construction, repair, and public works of all kinds, a public agency shall, except as provided in Title 18, chapter 2, part 5, award:   (a) a public contract for construction, repair, or public works to the lowest responsible bidder without regard to residency. However, a resident bidder must be allowed a preference on a contract against the bid of a nonresident bidder from any state or country that enforces a preference for resident bidders. The preference given to resident bidders of this state must be equal to the preference given in the other state or country.   (b) a public contract for the purchase of goods to the lowest responsible bidder without regard to residency. However, a resident must be allowed a preference on a contract against the bid of a nonresident if the state or country of the nonresident enforces a preference for residents. The preference must be equal to the preference given in the other state or country.   (2) The preferences in this section apply:   (a) whether the law requires advertisement for bids or does not require advertisement for bids; and   (b) to contracts involving funds obtained from the federal government unless expressly prohibited by the laws of the United States or regulations adopted pursuant to federal laws.   History: En. Sec. 1, Ch. 183, L. 1961; amd. Sec. 1, Ch. 197, L. 1969; R.C.M. 1947, 82-1924; amd. Sec. 1, Ch. 468, L. 1985; amd. Sec. 2, Ch. 512, L. 1987; amd. Sec. 1, Ch. 32, L. 1991; amd. Sec. 1, Ch. 306, L. 1999; amd. Sec. 9, Ch. 181, L. 2001; amd. Sec. 6, Ch. 574, L. 2005.
MT Code § 18-1-103 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 1. Preferences and General Matters|18-1-103. Resident defined

  18-1-103. Resident defined. (1) For the purpose of 18-1-102 and this section, the word "resident" includes actual residence of an individual within this state for a period of more than 1 year immediately prior to bidding.   (2) In a partnership enterprise, limited liability company, or association, the majority of all partners or members must have been actual residents of the state of Montana for more than 1 year immediately prior to bidding.   (3) Domestic corporations organized under the laws of the state of Montana are prima facie eligible to bid as residents, but this qualification may be set aside and a successful bid disallowed when it is shown to the satisfaction of the board, commission, officer, or individual charged with the responsibility for the execution of the contract that the corporation is a wholly owned subsidiary of a foreign corporation or that the corporation was formed for the purpose of circumventing the provisions relating to residence.   History: En. Sec. 2, Ch. 183, L. 1961; amd. Sec. 2, Ch. 197, L. 1969; amd. Sec. 1, Ch. 74, L. 1974; R.C.M. 1947, 82-1925; amd. Sec. 1, Ch. 284, L. 1987; amd. Sec. 58, Ch. 370, L. 1987; amd. Sec. 3, Ch. 512, L. 1987; amd. Sec. 100, Ch. 42, L. 1997; amd. Sec. 10, Ch. 181, L. 2001.
MT Code § 18-1-104 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 1. Preferences and General Matters|18-1-104. Repealed

  18-1-104. Repealed. Sec. 2, Ch. 92, L. 1979.   History: En. Sec. 1, Ch. 217, L. 1967; amd. Sec. 61, Ch. 391, L. 1973; R.C.M. 1947, 82-1925.1(part).
MT Code § 18-1-105 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 1. Preferences and General Matters|18-1-105. Repealed

  18-1-105. Repealed. Sec. 2, Ch. 92, L. 1979.   History: En. Sec. 1, Ch. 217, L. 1967; amd. Sec. 61, Ch. 391, L. 1973; R.C.M. 1947, 82-1925.1(part).
MT Code § 18-1-106 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 1. Preferences and General Matters|18-1-106. Department of labor and industry to determine residency of selected contractors -- applications for redetermination -- determination as prima facie evidence

  18-1-106. Department of labor and industry to determine residency of selected contractors -- applications for redetermination -- determination as prima facie evidence. (1) The department of labor and industry shall determine whether or not certain contractors are residents of the state of Montana within the meaning of 18-1-102 and 18-1-103. Any public agency charged by law with the responsibility for the execution of any contract subject to the provisions of 18-1-102 may request that a determination of resident or nonresident status be made by the department of labor and industry. All requests must specify the name and address of the licensed public contractor for whom a determination of resident or nonresident status is required.   (2) If a determination is made that a public contractor is not a resident but the public contractor later qualifies as a resident, the contractor may apply to the department of labor and industry for a redetermination of residency. If, upon redetermination, the public contractor is found to qualify as a resident, the contractor must be furnished a letter by the department of labor and industry attesting to resident status.   (3) The determination of the department of labor and industry that a public contractor is or is not a resident within the meaning of 18-1-102 and 18-1-103 is prima facie evidence of that fact.   History: En. Sec. 1, Ch. 92, L. 1979; amd. Sec. 1, Ch. 2, L. 1985; amd. Sec. 9, Ch. 558, L. 1995; amd. Sec. 46, Ch. 483, L. 2001.
MT Code § 18-1-107 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 1. Preferences and General Matters|18-1-107. through 18-1-109 reserved

  18-1-107 through 18-1-109 reserved.
MT Code § 18-1-110 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 1. Preferences and General Matters|18-1-110. Hiring preference for residents of Indian reservations for state construction projects within reservation -- rules

  18-1-110. Hiring preference for residents of Indian reservations for state construction projects within reservation -- rules. (1) For any contract awarded by a state agency for a state construction project within the exterior boundaries of an Indian reservation, except a project partially funded with federal-aid money from the United States department of transportation or when residency preference laws are specifically prohibited by federal law, there must be inserted in the bid specification and the contract a provision, in language approved by the commissioner of labor and industry, implementing the requirements of this subsection. The bid specification and the contract must provide that a preference in hiring for positions of employment be given to Indian residents of the reservation who have substantially equal qualifications for any position. For the purposes of this section, the definitions in 2-18-111 apply.   (2) The commissioner of labor and industry shall enforce this section, investigate complaints of its violation, and may adopt rules to implement this section.   History: En. Sec. 2, Ch. 506, L. 1991.
MT Code § 18-1-111 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 1. Preferences and General Matters|18-1-111. Impartiality to be shown in letting contracts

  18-1-111. Impartiality to be shown in letting contracts. The department may not show any partiality or favoritism not provided for by law in making awards or contracts.   History: En. Sec. 10, Ch. 66, L. 1923; re-en. Sec. 293.10, R.C.M. 1935; amd. Sec. 75, Ch. 326, L. 1974; R.C.M. 1947, 82-1920; amd. Sec. 2, Ch. 284, L. 1987; amd. Sec. 11, Ch. 181, L. 2001.
MT Code § 18-1-112 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 1. Preferences and General Matters|18-1-112. Repealed

  18-1-112. Repealed. Sec. 26, Ch. 181, L. 2001.   History: En. Sec. 3, Ch. 183, L. 1961; amd. Sec. 3, Ch. 197, L. 1969; amd. Sec. 6, Ch. 97, L. 1977; R.C.M. 1947, 82-1926; amd. Sec. 4, Ch. 512, L. 1987.
MT Code § 18-1-113 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 1. Preferences and General Matters|18-1-113. Bidder to submit affidavit -- penalty

  18-1-113. Bidder to submit affidavit -- penalty. (1) A bidder on a public contract for goods who is claiming a preference under this part shall either have on file with or submit to the public agency with its bid an affidavit specifying in detail, as determined by rule by the department, the basis on which the bidder claims the preference.   (2) If the public agency determines that the bidder has submitted a false affidavit under subsection (1), the bidder is disqualified as a bidder for future public contracts for goods with any public agency for a period of 5 years from the date of the determination.   History: En. Sec. 6, Ch. 512, L. 1987.
MT Code § 18-1-114 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 1. Preferences and General Matters|18-1-114. Rules

  18-1-114. Rules. The department shall adopt rules necessary to administer the preferences provided in this part. The department's rules apply to all public agencies.   History: En. Sec. 7, Ch. 512, L. 1987.
MT Code § 18-1-115 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 1. Public Contracts Generally|Part 1. Preferences and General Matters|18-1-115. through 18-1-117 reserved

  18-1-115 through 18-1-117 reserved.