reglab/housing_qa huggingface dataset:
MT Code § 5-12-504 (2021)
2021 Montana Code Annotated|Title 5. Legislative Branch|Chapter 12. Legislative Finance Act|Part 5. Interim Budget Committees|5-12-504. Duties of interim budget committees

  5-12-504. (Temporary) Duties of interim budget committees. (1) Each interim budget committee in 5-12-501(2)(a) through (2)(e) shall:  (a) oversee the expenditures included in the budget for the agencies overseen by the interim budget committees established in 5-12-501;   (b) review implementation of new programs by the agencies overseen by the interim budget committees established in 5-12-501 that were approved by the legislature immediately preceding the interim;   (c) review programs discussed in the respective subcommittee during the legislative session;   (d) review quarterly expenditures and budget transactions and compare those transactions to the budget adopted by the legislature;   (e) report budget observations and recommendations to the legislative finance committee at each quarterly meeting; and   (f) forward any recommendations for proposed legislation to the legislative finance committee or relevant interim committee and may not directly request legislation.   (2) Beginning in September of each odd-numbered year, each interim budget committee in 5-12-501(2)(a) through (2)(e) shall meet within the week prior to the quarterly legislative finance committee meetings.   (3) Beginning in September of each odd-numbered year, the interim budget committee provided for in 5-12-501(2)(f) shall meet each December and June within the week prior to the quarterly legislative finance committee meetings to review project status implementation throughout the interim and report budget considerations and recommendations to the legislative finance committee.   (4) The legislative fiscal division shall:   (a) provide staff assistance to the interim budget committees; and   (b) keep accurate records of the activities and proceedings of each interim budget committee.   (5) If an interim budget committee produces a report or receives a report from an agency, the report must also be provided to the appropriate interim committee that has agency oversight over the subject matter discussed in the report.   (6) The legislative finance committee may delegate specific studies or analysis to an interim budget committee and must consider all recommendations for potential legislation. (Terminates December 31, 2025--sec. 12, Ch. 525, L. 2021.)   History: En. Sec. 4, Ch. 525, L. 2021.
MT Code § 5-13-101 (2021)
2021 Montana Code Annotated|Title 5. Legislative Branch|Chapter 13. Legislative Audit Act|Part 1. General|5-13-101. Title and purpose of chapter

  5-13-101. Title and purpose of chapter. (1) This chapter may be cited as "The Legislative Audit Act".   (2) Because the legislature is responsible for authorizing the expenditure of public money, designating the sources from which money may be collected, and shaping the administration to perform the work of state government and is held finally accountable for fiscal policy, the legislature should also be responsible for the audit of books, accounts, activities, and records so that it may be assured that its directives have been carried out. It is the intent of this chapter that each agency of state government be audited for the purpose of furnishing the legislature with factual information vital to the discharge of its legislative duties.   History: En. Sec. 1, Ch. 249, L. 1967; R.C.M. 1947, 79-2301; amd. Sec. 1, Ch. 91, L. 2007.
MT Code § 5-13-102 (2021)
2021 Montana Code Annotated|Title 5. Legislative Branch|Chapter 13. Legislative Audit Act|Part 1. General|5-13-102. Definitions

  5-13-102. Definitions. In this chapter:   (1) "committee" means the legislative audit committee;   (2) "state agency" means all offices, departments, boards, commissions, institutions, universities, colleges, and any other person or any other administrative unit of state government that spends or encumbers public moneys by virtue of an appropriation from the legislature or that handles money on behalf of the state or that holds any trust or agency moneys from any source.   History: En. Sec. 2, Ch. 249, L. 1967; R.C.M. 1947, 79-2302.
MT Code § 5-13-201 (2021)
2021 Montana Code Annotated|Title 5. Legislative Branch|Chapter 13. Legislative Audit Act|Part 2. Legislative Audit Committee|5-13-201. Legislative audit committee

  5-13-201. Legislative audit committee. There is a legislative audit committee which is a permanent joint committee of the legislature.   History: En. 79-2303.1 by Sec. 1, Ch. 367, L. 1974; amd. Sec. 25, Ch. 309, L. 1977; R.C.M. 1947, 79-2303.1(1).
MT Code § 5-13-202 (2021)
2021 Montana Code Annotated|Title 5. Legislative Branch|Chapter 13. Legislative Audit Act|Part 2. Legislative Audit Committee|5-13-202. Appointment and term of members -- officers -- vacancies

  5-13-202. Appointment and term of members -- officers -- vacancies. (1) The legislative audit committee consists of six members of the senate and six members of the house of representatives appointed before the end of each regular session in the same manner as standing committees of the respective houses are appointed. Subject to 5-5-234, three of the appointees of each house must be members of the majority party and three of the appointees of each house must be members of the minority party.   (2) A member of the committee shall serve until the member's term of office as a legislator ends or until a successor is appointed, whichever occurs first.   (3) The committee shall elect one of its members as presiding officer and other officers as it considers necessary.   (4) A vacancy on the committee occurring when the legislature is not in session must be filled by the selection of a member of the legislature by the remaining members of the committee. If there is a vacancy on the committee at the beginning of a legislative session because a member's term of office as a legislator has ended, a member of the same political party must be appointed in the same manner as the original appointment, no later than the 10th legislative day, to serve until a successor is appointed under subsection (1).   History: En. Sec. 3, Ch. 249, L. 1967; Sec. 79-2303, R.C.M. 1947; amd. and redes. 79-2304 by Sec. 2, Ch. 367, L. 1974; amd. Sec. 26, Ch. 309, L. 1977; R.C.M. 1947, 79-2304; amd. Sec. 42, Ch. 545, L. 1995; amd. Sec. 14, Ch. 4, Sp. L. May 2007.
MT Code § 5-13-203 (2021)
2021 Montana Code Annotated|Title 5. Legislative Branch|Chapter 13. Legislative Audit Act|Part 2. Legislative Audit Committee|5-13-203. Meetings -- compensation

  5-13-203. Meetings -- compensation. (1) The committee shall meet:   (a) as often as may be necessary during and between legislative sessions to advise and consult with the legislative auditor; and   (b) to review privatization plans and to make findings, conclusions, and recommendations as required under the provisions of 2-8-302.   (2) Committee members are entitled to receive compensation and expenses as provided in 5-2-302.   History: En. Sec. 4, Ch. 249, L. 1967; Sec. 79-2304, R.C.M. 1947; amd. and redes. 79-2305 by Sec. 3, Ch. 367, L. 1974; amd. Sec. 8, Ch. 103, L. 1977; R.C.M. 1947, 79-2305; amd. Sec. 4, Ch. 285, L. 2005.
MT Code § 5-13-301 (2021)
2021 Montana Code Annotated|Title 5. Legislative Branch|Chapter 13. Legislative Audit Act|Part 3. Legislative Auditor|5-13-301. Legislative audit division

  5-13-301. Legislative audit division. There is a legislative audit division. The legislative auditor is responsible to manage the division in order to perform the duties imposed by this chapter.   History: En. 79-2303.1 by Sec. 1, Ch. 367, L. 1974; amd. Sec. 25, Ch. 309, L. 1977; R.C.M. 1947, 79-2303.1(2); amd. Sec. 43, Ch. 545, L. 1995.
MT Code § 5-13-302 (2021)
2021 Montana Code Annotated|Title 5. Legislative Branch|Chapter 13. Legislative Audit Act|Part 3. Legislative Auditor|5-13-302. Appointment and qualifications

  5-13-302. Appointment and qualifications. (1) (a) The committee shall appoint the legislative auditor and set the legislative auditor's salary in accordance with the rules for classification and pay adopted by the legislative council.  (b) The legislative auditor's employment may not be conditioned based on the review, recommendation, or feedback of a state agency. However, this subsection (1)(b) does not prevent the legislative auditor from seeking feedback of state agencies for the purposes of evaluating the performance of employees of the legislative audit division.   (c) A tie vote by the committee does not negate approval of the legislative auditor's continued employment after initial appointment or reappointment.   (2) The legislative auditor shall hold a degree from an accredited college or university with a major in accounting or an allied field and shall have at least 2 years' experience in the field of governmental accounting and auditing.   History: En. Sec. 5, Ch. 249, L. 1967; Sec. 79-2305, R.C.M. 1947; redes. 79-2307 by Sec. 8, Ch. 367, L. 1974; R.C.M. 1947, 79-2307; amd. Sec. 44, Ch. 545, L. 1995; amd. Sec. 1, Ch. 147, L. 2021; amd. Sec. 1, Ch. 183, L. 2021.
MT Code § 5-13-303 (2021)
2021 Montana Code Annotated|Title 5. Legislative Branch|Chapter 13. Legislative Audit Act|Part 3. Legislative Auditor|5-13-303. Term and removal

  5-13-303. Term and removal. (1) The legislative auditor is responsible solely to the legislature.  (2) (a) The legislative auditor shall hold office for a term of 2 years beginning with July 1 of each even-numbered year.   (b) The committee may not condition the legislative auditor's reemployment after a 2-year period based on the review, recommendation, or feedback of a state agency.   (c) A tie vote by the committee does not negate approval of the legislative auditor's continued employment after initial appointment or reappointment after a 2-year period.   (d) The committee may remove the legislative auditor for misfeasance, malfeasance, or nonfeasance in office at any time after notice and hearing.   History: En. Sec. 7, Ch. 249, L. 1967; Sec. 79-2307, R.C.M. 1947; redes. 79-2309 by Sec. 8, Ch. 367, L. 1974; R.C.M. 1947, 79-2309; amd. Sec. 1, Ch. 48, L. 1991; amd. Sec. 253, Ch. 61, L. 2007; amd. Sec. 2, Ch. 147, L. 2021; amd. Sec. 2, Ch. 183, L. 2021.
MT Code § 5-13-304 (2021)
2021 Montana Code Annotated|Title 5. Legislative Branch|Chapter 13. Legislative Audit Act|Part 3. Legislative Auditor|5-13-304. Powers and duties

  5-13-304. Powers and duties. The legislative auditor shall:   (1) conduct a financial and compliance audit of every state agency every 2 years covering the 2-year period since the last audit, unless otherwise required by state law;   (2) conduct an audit to meet the standards and accomplish the objectives required in 5-13-308 whenever the legislative auditor determines it necessary and shall advise the members of the legislative audit committee;   (3) make a complete written report of each audit. A copy of each report must be furnished to the department of administration, the state agency that was audited, each member of the committee, and the legislative services division.   (4) report immediately in writing to the attorney general and the governor any apparent violation of penal statutes disclosed by the audit of a state agency and furnish the attorney general with all information available relative to the violation;   (5) report immediately in writing to the governor any instances of misfeasance, malfeasance, or nonfeasance by a state officer or employee disclosed by the audit of a state agency;   (6) report immediately to the commissioner of political practices any instances of apparent violations of the state code of ethics provided for in Title 2, chapter 2, part 1;   (7) report immediately to the surety upon the bond of an official or employee when an audit discloses a shortage in the accounts of the official or employee. Failure to notify the surety does not release the surety from any obligation under the bond.   (8) have the authority to audit records of organizations and individuals receiving grants from or on behalf of the state to determine that the grants are administered in accordance with the grant terms and conditions. Whenever a state agency enters into an agreement to grant resources under its control to others, the agency shall obtain the written consent of the grantee to the audit provided for in this subsection.   History: En. Sec. 8, Ch. 249, L. 1967; amd. Sec. 98, Ch. 326, L. 1974; Sec. 79-2308, R.C.M. 1947; amd. and redes. 79-2310 by Sec. 5, Ch. 367, L. 1974; amd. Sec. 27, Ch. 309, L. 1977; R.C.M. 1947, 79-2310; amd. Sec. 1, Ch. 472, L. 1985; amd. Sec. 16, Ch. 112, L. 1991; amd. Sec. 14, Ch. 349, L. 1993; amd. Sec. 45, Ch. 545, L. 1995; amd. Sec. 1, Ch. 377, L. 1997; amd. Sec. 2, Ch. 91, L. 2007.
MT Code § 5-13-305 (2021)
2021 Montana Code Annotated|Title 5. Legislative Branch|Chapter 13. Legislative Audit Act|Part 3. Legislative Auditor|5-13-305. Employees, consultants, and legal counsel -- background checks -- cure for impairment

  5-13-305. Employees, consultants, and legal counsel -- background checks -- cure for impairment. (1) The legislative auditor may appoint and define the duties of employees and consultants who are necessary to carry out the provisions of this chapter within the limitations of legislative appropriations. The legislative auditor shall set the pay for employees in accordance with the rules for classification and pay adopted by the legislative council. The legislative auditor may employ legal counsel to conduct proceedings under this chapter.  (2) (a) The legislative auditor may not employ a prospective employee to conduct or supervise audits without conducting or having conducted a background check on the prospective employee. The background check must include a state and federal fingerprint-based check by the Montana department of justice and the federal bureau of investigation. When reporting the results of the background check, the Montana department of justice shall specifically report any previous conviction of the prospective employee for embezzlement or other financial crimes. The purpose of the background and fingerprint checks is to determine whether the prospective employee is an appropriate person to audit the records of one or more state agencies or programs.   (b) A copy of the results of the background check must be delivered to the legislative auditor. If the legislative auditor determines, based upon the results of the background and fingerprint checks, that a prospective employee is not an appropriate person to audit one or more state agencies or programs, the legislative auditor may not employ the prospective employee.   (3) The legislative auditor shall inform the legislative council and the legislative audit committee in writing of an administrative policy or rule adopted under 5-11-105 that may impair the independence of the division, along with a statement of the reasons for the opinion and suggested changes to cure the impairment. The legislative council shall review the rule in question and adopt a revision that is generally applicable to the legislative branch and that is designed to cure the impairment. While the impairment exists, the legislative audit committee may adopt a specific exemption to the questioned rule that states the alternative rule to be employed under the exemption. If prepared, a compilation of written reports must be provided to the legislature in accordance with 5-11-210.   History: En. Sec. 6, Ch. 249, L. 1967; Sec. 79-2306, R.C.M. 1947; amd. and redes. 79-2308 by Sec. 4, Ch. 367, L. 1974; R.C.M. 1947, 79-2308; amd. Sec. 46, Ch. 545, L. 1995; amd. Sec. 1, Ch. 234, L. 2011; amd. Sec. 27, Ch. 261, L. 2021.
MT Code § 5-13-306 (2021)
2021 Montana Code Annotated|Title 5. Legislative Branch|Chapter 13. Legislative Audit Act|Part 3. Legislative Auditor|5-13-306. Legislative auditor to assist legislature during sessions

  5-13-306. Legislative auditor to assist legislature during sessions. During sessions of the legislature, the legislative auditor and the audit staff, when requested, shall assist the legislature, its committees, and its members by gathering and analyzing information relating to the fiscal affairs of state government.   History: En. Sec. 11, Ch. 249, L. 1967; Sec. 79-2311, R.C.M. 1947; redes. 79-2311.1 by Legislative Council, 1974; R.C.M. 1947, 79-2311.1; amd. Sec. 254, Ch. 61, L. 2007.
MT Code § 5-13-307 (2021)
2021 Montana Code Annotated|Title 5. Legislative Branch|Chapter 13. Legislative Audit Act|Part 3. Legislative Auditor|5-13-307. Recommendations of legislative auditor -- implementation costs

  5-13-307. Recommendations of legislative auditor -- implementation costs. (1) The reports of the legislative auditor may include comments, recommendations, and suggestions, but the legislative auditor does not have the power to enforce them and may not otherwise influence or direct executive or legislative action.   (2) Whenever significant costs are associated with the implementation of audit recommendations, the legislative auditor shall, if practicable, note this fact and the estimated amount of the costs in the appropriate audit report.   History: (1)En. Sec. 10, Ch. 249, L. 1967; Sec. 79-2310, R.C.M. 1947; amd. and redes. 79-2312 by Sec. 6, Ch. 367, L. 1974; R.C.M. 1947, 79-2312; (2)En. Sec. 5, Ch. 24, L. 1981; amd. Sec. 255, Ch. 61, L. 2007.
MT Code § 5-13-308 (2021)
2021 Montana Code Annotated|Title 5. Legislative Branch|Chapter 13. Legislative Audit Act|Part 3. Legislative Auditor|5-13-308. Audit standards and objectives

  5-13-308. Audit standards and objectives. The objectives of financial compliance, performance, and information system audits of state agencies or their programs conducted by the legislative auditor are formulated, defined, and conducted in accordance with industry standards established for auditing to determine whether:   (1) the agency is carrying out only those activities or programs authorized by the legislature and is conducting them efficiently, effectively, and in accordance with legislative intent;   (2) expenditures are made only in furtherance of authorized activities and in accordance with the requirements of applicable laws and regulations;   (3) the agency collects and accounts properly for all revenues and receipts arising from its activities;   (4) the assets, including information technology, of the agency or in its custody are adequately safeguarded and controlled and utilized in an efficient manner;   (5) reports and financial statements by the agency to the governor, the legislature, and central control agencies disclose fully the nature and scope of the activities conducted and provide a proper basis for evaluating the agency's operations.   History: En. Sec. 9, Ch. 249, L. 1967; Sec. 79-2309, R.C.M. 1947; redes. 79-2311 by Sec. 8, Ch. 367, L. 1974; R.C.M. 1947, 79-2311; amd. Sec. 3, Ch. 91, L. 2007.
MT Code § 5-13-309 (2021)
2021 Montana Code Annotated|Title 5. Legislative Branch|Chapter 13. Legislative Audit Act|Part 3. Legislative Auditor|5-13-309. Information from state agencies

  5-13-309. Information from state agencies. (1) All state agencies shall aid and assist the legislative auditor in the auditing of books, accounts, activities, and records.   (2) The legislative auditor may examine at any time the books, accounts, activities, and records, confidential or otherwise, of a state agency. This section may not be construed as authorizing the publication of information prohibited by law.   (3) The head of each state agency shall immediately notify both the attorney general and the legislative auditor in writing upon the discovery of any theft, actual or suspected, involving state money or property under that agency's control or for which the agency is responsible.   History: En. Sec. 12, Ch. 249, L. 1967; amd. Sec. 1, Ch. 270, L. 1971; Sec. 79-2312, R.C.M. 1947; amd. and redes. 79-2314 by Sec. 7, Ch. 367, L. 1974; amd. Sec. 62, Ch. 359, L. 1977; R.C.M. 1947, 79-2314; amd. Sec. 1, Ch. 232, L. 1981; amd. Sec. 256, Ch. 61, L. 2007; amd. Sec. 4, Ch. 91, L. 2007.
MT Code § 5-13-310 (2021)
2021 Montana Code Annotated|Title 5. Legislative Branch|Chapter 13. Legislative Audit Act|Part 3. Legislative Auditor|5-13-310. Prosecution -- discipline of professionals

  5-13-310. Prosecution -- discipline of professionals. (1) The attorney general shall conduct on behalf of the state all prosecutions for public offenses involving a state agency that are reported to the attorney general by the legislative auditor.   (2) If the attorney general declines the prosecution or fails to commence action on a public offense within a reasonable time, the county attorney of the appropriate county shall conduct on behalf of the state the prosecution.   (3) In an action taken by the attorney general or a county attorney under this section, in which a professional person in the state of Montana is charged or may have engaged in unethical conduct, all records or certified copies of the records, including investigative materials, must be turned over to the appropriate disciplinary authority for the profession immediately upon completion of the action.   History: En. Sec. 1, Ch. 4, L. 1974; amd. Sec. 1, Ch. 458, L. 1975; R.C.M. 1947, 79-2315; amd. Sec. 1, Ch. 14, L. 1993.
MT Code § 5-13-311 (2021)
2021 Montana Code Annotated|Title 5. Legislative Branch|Chapter 13. Legislative Audit Act|Part 3. Legislative Auditor|5-13-311. Legislative auditor to establish and maintain toll-free number for reporting fraud, waste, and abuse -- procedures

  5-13-311. Legislative auditor to establish and maintain toll-free number for reporting fraud, waste, and abuse -- procedures. (1) The legislative auditor shall establish and maintain a toll-free telephone number for Montana residents to report fraud, waste, and abuse in state government. The legislative auditor shall review all telephone calls received at the toll-free number and maintain a record of each call. The legislative auditor shall:  (a) analyze and verify the information received from each telephone call; or   (b) refer the information for appropriate action to the agency that is or appears to be the subject of the call.   (2) A state agency that receives information referred to it by the legislative auditor pursuant to this section shall take adequate and appropriate action to investigate and remedy any fraud, waste, or abuse discovered as a result of the referral. The agency shall report in writing to the legislative auditor concerning the results of its investigation and those measures taken to correct any fraud, waste, or abuse discovered as a result of the referral.   (3) Information received at the toll-free number is confidential until the time that the legislative auditor or other appropriate agency determines the validity of the information and takes corrective action. After the legislative auditor or other appropriate agency takes action to verify the fraud, waste, or abuse complained of and takes any corrective action, information concerning the subject of the complaint and the remedy, if any, is public information unless precluded by law.   (4) The legislative auditor shall, as directed by the legislative audit committee, periodically report to the committee on:   (a) the use of the toll-free number;   (b) the results of the reviews, verifications, and referrals; and   (c) any corrective actions taken by the appropriate agencies.   (5) Information received at the toll-free number concerning a governmental entity other than state government may be referred by the legislative auditor to an appropriate federal, state, or local government agency.   (6) (a) If the legislative auditor determines that as a result of a review and verification or referral pursuant to this section, a waste of state resources has occurred, the legislative auditor shall report the matter in writing to the legislative fiscal analyst.   (b) Upon completion of the investigation, the legislative auditor shall provide a copy of the report to the legislature in accordance with 5-11-210. Confidential or personal information must be redacted.   (7) The legislative auditor shall advertise the existence and purpose of the toll-free number in an appropriate manner.   History: En. Sec. 1, Ch. 20, Sp. L. November 1993; amd. Sec. 28, Ch. 261, L. 2021.