reglab/housing_qa huggingface dataset:
MT Code § 2-8-122 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 1. Periodic Agency Evaluation|2-8-122. Reestablishment

  2-8-122. Reestablishment. (1) Any agency or program scheduled for termination under this part or any subsequent act may be reestablished by the legislature.   (2) No more than one agency or program may be continued or reestablished in any bill for an act, and the agency or program shall be mentioned in the bill's title.   History: En. 82-4608 by Sec. 8, Ch. 562, L. 1977; R.C.M. 1947, 82-4608; amd. Sec. 8, Ch. 321, L. 1983.
MT Code § 2-8-201 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 2. Committee Assessment of Boards (Repealed)|2-8-201. Repealed

  2-8-201. Repealed. Sec. 2, Ch. 274, L. 1993.   History: En. Sec. 1, Ch. 266, L. 1987.
MT Code § 2-8-202 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 2. Committee Assessment of Boards (Repealed)|2-8-202. Repealed

  2-8-202. Repealed. Sec. 2, Ch. 274, L. 1993.   History: En. Sec. 2, Ch. 266, L. 1987; amd. Sec. 1, Ch. 124, L. 1989.
MT Code § 2-8-203 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 2. Committee Assessment of Boards (Repealed)|2-8-203. Repealed

  2-8-203. Repealed. Sec. 2, Ch. 274, L. 1993.   History: En. Sec. 3, Ch. 266, L. 1987; amd. Sec. 1, Ch. 710, L. 1989; amd. Sec. 6, Ch. 112, L. 1991.
MT Code § 2-8-204 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 2. Committee Assessment of Boards (Repealed)|2-8-204. Repealed

  2-8-204. Repealed. Sec. 2, Ch. 274, L. 1993.   History: En. Sec. 4, Ch. 266, L. 1987; amd. Sec. 2, Ch. 710, L. 1989.
MT Code § 2-8-205 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 2. Committee Assessment of Boards (Repealed)|2-8-205. Repealed

  2-8-205. Repealed. Sec. 2, Ch. 274, L. 1993.   History: En. Sec. 5, Ch. 266, L. 1987; amd. Sec. 3, Ch. 710, L. 1989; amd. Sec. 1, Ch. 195, L. 1991.
MT Code § 2-8-206 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 2. Committee Assessment of Boards (Repealed)|2-8-206. Repealed

  2-8-206. Repealed. Sec. 2, Ch. 274, L. 1993.   History: En. Sec. 6, Ch. 266, L. 1987; amd. Sec. 6, Ch. 710, L. 1989; amd. Sec. 2, Ch. 195, L. 1991.
MT Code § 2-8-207 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 2. Committee Assessment of Boards (Repealed)|2-8-207. Repealed

  2-8-207. Repealed. Sec. 2, Ch. 274, L. 1993.   History: En. Sec. 7, Ch. 266, L. 1987; amd. Sec. 4, Ch. 710, L. 1989; amd. Sec. 7, Ch. 112, L. 1991; amd. Sec. 3, Ch. 195, L. 1991.
MT Code § 2-8-208 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 2. Committee Assessment of Boards (Repealed)|2-8-208. Repealed

  2-8-208. Repealed. Sec. 2, Ch. 274, L. 1993.   History: En. Sec. 8, Ch. 266, L. 1987; amd. Sec. 5, Ch. 710, L. 1989; amd. Sec. 8, Ch. 112, L. 1991; amd. Sec. 5, Ch. 349, L. 1993.
MT Code § 2-8-209 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 2. Committee Assessment of Boards (Repealed)|2-8-209. Repealed

  2-8-209. Repealed. Sec. 5, Ch. 195, L. 1991.   History: En. Sec. 2, Ch. 124, L. 1989.
MT Code § 2-8-301 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 3. Privatization Plan Review|2-8-301. Definitions

  2-8-301. Definitions. As used in this part, the following definitions apply:   (1) "Agency" means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive, legislative, or judicial branch of state government.   (2) "Private sector" means any entity or individual not principally a part of or associated with a governmental unit that is associated with or involved in commercial activity.   (3) (a) "Privatize" means an agency contracting with the private sector to provide services that are currently or normally conducted directly by the employees of the state.   (b) The term does not include contracting with the private sector to provide services on a temporary or emergency basis.   (4) "Program" means a legislatively or administratively created function, project, or duty of an agency.   History: En. Sec. 1, Ch. 762, L. 1991; amd. Sec. 1, Ch. 285, L. 2005.
MT Code § 2-8-302 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 3. Privatization Plan Review|2-8-302. Privatization plan -- hearing -- role of legislative audit committee -- action by governor

  2-8-302. Privatization plan -- hearing -- role of legislative audit committee -- action by governor. (1) Before an agency may privatize a program, it shall prepare a privatization plan as provided in 2-8-303.   (2) The privatization plan must be released to the public and to all unions that represent state employees and must be submitted to the legislative audit committee at least 180 days prior to the proposed implementation date.   (3) At least 90 days prior to the proposed implementation date, the legislative audit committee shall conduct a public hearing on the proposed privatization plan at which public comments and testimony must be received.   (4) At least 45 days prior to the proposed implementation date, the legislative audit committee shall release to the public a summary of the results of the hearing and the findings and conclusions of the legislative audit committee.   (5) (a) At least 30 days prior to the proposed implementation date, the legislative audit committee shall vote to recommend approval or disapproval of the privatization plan to the governor and transmit the recommendation in writing to the governor.   (b) The recommendation of the legislative audit committee is advisory only.   (6) At least 15 days prior to the proposed implementation date, the governor shall approve or disapprove the privatization plan, stating in writing the reasons for approval or disapproval.   History: En. Sec. 2, Ch. 762, L. 1991; amd. Sec. 2, Ch. 285, L. 2005.
MT Code § 2-8-303 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 3. Privatization Plan Review|2-8-303. Privatization plan -- contents

  2-8-303. Privatization plan -- contents. (1) An agency proposing to privatize a program shall prepare a privatization plan that includes the following:   (a) a description of the program to be privatized, including references to the legal authority under which the program was created;   (b) detailed budget information that includes a list of expenditures for the 2 most recent fiscal years and the sources of revenue for the program;   (c) a list of all personnel currently employed in the program and the estimated effect of the proposed privatization on the employment status of each employee affected;   (d) a listing of the assets of the program and their proposed disposition if the plan is implemented;   (e) an estimate of the cost savings or any additional costs resulting from privatizing the program, compared to the costs of the existing, nonprivatized program. Additional costs must include the estimated cost to the state of inspection, supervision, and monitoring of the proposed privatization and the costs incurred in the discontinuation of such a contract.   (f) the estimated current and future economic impacts of the implementation of the plan on other state programs, including public assistance programs, unemployment insurance programs, retirement programs, and agency personal services budgets used to pay out accrued vacation and sick leave benefits;   (g) the estimated increases or decreases in costs and quality of goods or services to the public if the plan is implemented;   (h) the estimated changes in individual wages and benefits resulting from the proposed privatization;   (i) the ways in which the proposed privatization will deliver the same or better services at a lower cost; and   (j) a narrative explanation and justification for the proposed privatization.   (2) To implement the privatization plan, an agency may transfer funds between budget categories.   History: En. Sec. 3, Ch. 762, L. 1991; amd. Sec. 3, Ch. 285, L. 2005.
MT Code § 2-8-304 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 3. Privatization Plan Review|2-8-304. Review of privatized programs

  2-8-304. Review of privatized programs. (1) If during audits of state agencies, the legislative auditor identifies programs being conducted by an agency under contract that may be administered more cost-effectively directly by the agency or identifies services performed by an agency that may be performed more cost-effectively by the private sector, the legislative auditor shall submit this information to the legislative audit committee.   (2) Members of the public, elected bargaining agents or employee representatives, elected officials, legislators, and agency directors may submit to the legislative audit committee a request to review programs being conducted under contract by an agency that may be administered more cost-effectively directly by the agency.   (3) The office of budget and program planning shall submit to the legislative audit committee, by July 1 of each odd-numbered year:   (a) a list of all programs accounted for in an enterprise fund or an internal service fund; and   (b) a request for privatization review under subsection (1) of at least two of the programs identified in subsection (3)(a), including any available information and criteria required under 2-8-303.   (4) The legislative audit committee shall review the information and requests provided under subsections (1) through (3) and may direct the legislative auditor to conduct a review of any contracted program or program administered directly by the agency, or both. The review must include a report to the legislative audit committee that includes the information required in a privatization plan under 2-8-303.   (5) The report required by subsection (4) must be provided to the legislative audit committee and released to the public. Not less than 30 days after the release of the report, the legislative audit committee shall conduct a public hearing on the report at which public comments and testimony must be received. Upon completion of the hearing on the report, the legislative audit committee may make recommendations that it believes appropriate concerning the program.   History: En. Sec. 4, Ch. 762, L. 1991; amd. Sec. 1, Ch. 556, L. 1995; amd. Sec. 1, Ch. 77, L. 2015.
MT Code § 2-8-401 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 4. Procedure for Creating New Professional or Occupational Boards -- Review of Existing Boards|2-8-401. Purpose

  2-8-401. Purpose. It is the intent of the legislature to:   (1) exercise the police power of the state through the establishment of licensing boards only when regulation of a profession or occupation benefits the public health, safety, welfare, or common good of the state's residents and that benefit outweighs the potential increased cost to the public and limitation on competition;   (2) recognize those professions or occupations that require specialized skill or training; and   (3) provide the public with a means to determine whether practitioners have met competency standards and to complain if the competency is suspect.   History: En. Sec. 1, Ch. 64, L. 2007.
MT Code § 2-8-402 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 4. Procedure for Creating New Professional or Occupational Boards -- Review of Existing Boards|2-8-402. Intent to create new board

  2-8-402. Intent to create new board. (1) A bill draft request to create a licensing board must include a letter of intent not exceeding 1,000 words that addresses the criteria in subsections (2) and (3).   (2) The letter of intent must contain the following descriptions:   (a) how licensing would protect and benefit the public and, in particular, how the unregulated practice of the profession or occupation would pose a hazard to public health, safety, or welfare or the common good;   (b) the extent of practitioners' autonomy, as indicated by the degree of independent judgment that a practitioner may exercise or the extent of skill or experience required in making the independent judgment;   (c) the distinguishable scope of practice;   (d) the overlap or shared practices with an existing, licensed profession or occupation;   (e) the degree, if any, to which licensing would restrict entry into the profession or occupation for reasons other than public health, safety, or welfare or the common good;   (f) the specialized skills or training required for the profession or occupation;   (g) the proposed qualifications for licensure;   (h) whether a licensure exception would be provided to existing practitioners and whether those eligible for the exception would be required to meet proposed qualifications at a certain time;   (i) a list of other states that license the profession or occupation;   (j) regulatory alternatives other than licensing that are available to the practitioners of the profession or occupation; and   (k) previous efforts, if any, to regulate the profession or occupation.   (3) In order to help in the determination of licensing costs, the letter of intent must contain a good faith effort to provide answers to the following questions:   (a) how many licensees are anticipated, including the number of practitioners in Montana;   (b) what is the proposed makeup of the licensing board; and   (c) what are the projected annual licensing fees based on information from the department of labor and industry for all costs associated with a board of the projected size.   (4) After receiving a copy of the responses to subsections (2), (3)(a), and (3)(b), the department of labor and industry shall assist those developing the letter of intent under 2-8-403 or this section with the responses to subsection (3)(c) of this section.   (5) For the purposes of this section, a letter of intent is a public record.   History: En. Sec. 2, Ch. 64, L. 2007.
MT Code § 2-8-403 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 4. Procedure for Creating New Professional or Occupational Boards -- Review of Existing Boards|2-8-403. Intent to combine profession or occupation with existing board

  2-8-403. Intent to combine profession or occupation with existing board. (1) A bill draft request that proposes to license a profession or occupation by combining that profession or occupation with an existing board must contain a letter of intent if one of the following conditions applies:   (a) the profession or occupation to be licensed falls under the supervisory authority of a profession or occupation with an existing board; or   (b) the profession or occupation to be licensed has an overlapping scope of practice or dual licensure with a profession or occupation under an existing board.   (2) A letter of intent to combine with an existing board must contain responses to the questions provided in 2-8-402.   (3) A letter of intent under this section is a public record.   History: En. Sec. 3, Ch. 64, L. 2007.
MT Code § 2-8-404 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 4. Procedure for Creating New Professional or Occupational Boards -- Review of Existing Boards|2-8-404. Interim committee review of licensing boards and programs -- criteria -- repeal -- consolidation

  2-8-404. Interim committee review of licensing boards and programs -- criteria -- repeal -- consolidation. (1) (a) Before January 1 of each even-numbered year, a legislative interim committee responsible for monitoring licensing boards and programs shall notify the department to which licensing boards or programs are administratively attached if the committee plans to review one or more licensing boards or programs to determine the need for a board or a program and the financial solvency or appropriate administrative attachment of the board or program.   (b) A review under subsection (1)(a) is separate from a performance audit conducted by the legislative audit committee.   (2) The focus of a review under subsection (1)(a) is:   (a) to determine whether a board or program continues to be needed to protect public health, safety, or welfare or the common good by addressing the following questions:   (i) does the improper practice of the profession or occupation pose a physical, financial, or emotional threat to public health, safety, or welfare and is there evidence of harm from improper practice; and   (ii) does the practice of the profession or occupation require specific training or skills that make evaluation of competency difficult for the consumer; or   (b) to assess the financial solvency of the board or program and the impact on consumers and on licensees if higher fees are projected for the next biennium.   (3) After the review, the legislative interim committee may draft legislation to:   (a) repeal the board or program if the board or program is no longer needed for public health, safety, or welfare or the common good; or   (b) combine a board with other licensing boards if a board meets the criteria in subsection (2)(a) but has one of the following criteria:   (i) is expected to have higher fees than if the board operates in combination with another board with similar interests;   (ii) has fewer than 200 licensees; or   (iii) has no or a limited number of complaints each year.   (4) The legislative interim committee, after a review of the administrative attachment of a board or program, may propose legislation to administratively attach the board or program to a department that has responsibilities related to the board or program.   History: En. Sec. 4, Ch. 64, L. 2007.
MT Code § 2-8-405 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 4. Procedure for Creating New Professional or Occupational Boards -- Review of Existing Boards|2-8-405. Repeal of licensing board or program law -- deposit of fees

  2-8-405. Repeal of licensing board or program law -- deposit of fees. (1) If the legislature repeals a licensing board or program law, the department of labor and industry may collect only delinquent licensing fees or fines, if provided by law, on behalf of the repealed licensing board or program. Continuing education and other requirements for maintaining a license cease with the effective date of the repeal.   (2) (a) Fees collected on behalf of a board or program that is proposed to be repealed must be deposited in the state special revenue fund for the use of the board or program.   (b) Fees that are not needed for satisfying debt obligations of the board or program may be used by the department to offset the costs to the department of all boards and programs.   History: En. Sec. 5, Ch. 64, L. 2007.
MT Code § 2-8-501 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 5. Creation of New Workers' Compensation Exemption|2-8-501. Letter of intent required to create new exemption

  2-8-501. Letter of intent required to create new exemption. (1) A bill draft request to create and list an additional exemption under Title 39, chapter 71, must include a letter of intent not exceeding 1,000 words that addresses the criteria in subsection (2).   (2) The letter of intent must contain a good faith effort to provide the following:   (a) an estimate of the number of employees statewide who would become exempt from coverage under the Workers' Compensation Act;   (b) an estimate of the number of employers statewide who would no longer be required to provide workers' compensation coverage to the exempt workers;   (c) an analysis of which entity would become responsible for the costs of injury;   (d) an analysis of the change in potential liability to an employer if an exempt employee is injured;   (e) an estimate of the reduction in total state payroll for the occupation for which the exemption is being requested; and   (f) an explanation of the possible social costs of allowing the exemption.   (3) The legislative fiscal analyst shall provide to the bill draft requester an independent assessment of the letter of intent.   (4) The department of labor and industry shall provide an independent assessment of the letter of intent regarding information that is within the expertise of that department.   (5) For the purposes of this section, a letter of intent is a public record.   (6) A bill draft request submitted without this letter of intent may not be processed for introduction to the legislature.   History: En. Sec. 1, Ch. 125, L. 2009.
MT Code § 2-9-101 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 9. Liability Exposure and Insurance Coverage|Part 1. Liability Exposure|2-9-101. Definitions

  2-9-101. Definitions. As used in parts 1 through 3 of this chapter, the following definitions apply:   (1) "Claim" means any claim against a governmental entity, for money damages only, that any person is legally entitled to recover as damages because of personal injury or property damage caused by a negligent or wrongful act or omission committed by any employee of the governmental entity while acting within the scope of employment, under circumstances where the governmental entity, if a private person, would be liable to the claimant for the damages under the laws of the state. For purposes of this section and the limit of liability contained in 2-9-108, all claims that arise or derive from personal injury to or death of a single person, or damage to property of a person, regardless of the number of persons or entities claiming damages, are considered one claim.   (2) (a) "Employee" means an officer, employee, or servant of a governmental entity, including elected or appointed officials, and persons acting on behalf of the governmental entity in any official capacity temporarily or permanently in the service of the governmental entity whether with or without compensation.   (b) The term does not mean a person or other legal entity while acting in the capacity of an independent contractor under contract to the governmental entity to which parts 1 through 3 apply in the event of a claim.   (3) "Governmental entity" means the state and political subdivisions.   (4) "Personal injury" means any injury resulting from libel, slander, malicious prosecution, or false arrest and any bodily injury, sickness, disease, or death sustained by any person and caused by an occurrence for which the state may be held liable.   (5) "Political subdivision" means any county, city, municipal corporation, school district, special improvement or taxing district, other political subdivision or public corporation, or any entity created by agreement between two or more political subdivisions.   (6) "Property damage" means injury or destruction to tangible property, including loss of use of the property, caused by an occurrence for which the state may be held liable.   (7) "State" means the state of Montana or any office, department, agency, authority, commission, board, institution, hospital, college, university, or other instrumentality of the state.   History: (1)En. Sec. 2, Ch. 380, L. 1973; Sec. 82-4302, R.C.M. 1947; (2)En. 82-4334 by Sec. 8, Ch. 189, L. 1977; Sec. 82-4334, R.C.M. 1947; R.C.M. 1947, 82-4302, 82-4334(3); amd. Sec. 3, Ch. 675, L. 1983; amd. Sec. 1, Ch. 389, L. 1985; amd. Secs. 1, 3, Ch. 22, Sp. L. June 1986; amd. Sec. 54, Ch. 61, L. 2007; amd. Sec. 2, Ch. 262, L. 2015.