reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 2. Organization -- Interim Committees › 5-5-225. Children, families, health, and human services interim committee

5-5-225. Children, families, health, and human services interim committee.
The children, families, health, and human services interim committee has administrative rule review, draft legislation review, program evaluation, and monitoring functions for the department of public health and human services and the entities attached to the department for administrative purposes.
History: En. Sec. 27, Ch. 19, L. 1999; amd. Sec. 12, Ch. 210, L. 2001.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 2. Organization -- Interim Committees › 5-5-226. Law and justice interim committee

5-5-226. Law and justice interim committee.
The law and justice interim committee has administrative rule review, draft legislation review, program evaluation, and monitoring functions for the office of state public defender, the department of corrections, the department of justice except for the motor vehicle division pursuant to 5-5-233, and the entities attached to the departments for administrative purposes. The committee shall act as a liaison with the judiciary.
History: En. Sec. 28, Ch. 19, L. 1999; amd. Sec. 13, Ch. 210, L. 2001; amd. Sec. 2, Ch. 91, L. 2011; amd. Sec. 4, Ch. 163, L. 2019.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 2. Organization -- Interim Committees › 5-5-227. Revenue interim committee -- powers and duties -- revenue estimating and use of estimates

5-5-227. Revenue interim committee -- powers and duties -- revenue estimating and use of estimates.
(1) The revenue interim committee has administrative rule review, draft legislation review, program evaluation, and monitoring functions for the Montana tax appeal board established in 2-15-1015 and for the department of revenue and the entities attached to the department for administrative purposes, except the divisions of the department that administer the Montana Alcoholic Beverage Code and the Montana Marijuana Regulation and Taxation Act.
(2) (a) The committee must have prepared by December 1 for introduction during each regular session of the legislature in which a revenue bill is under consideration an estimate of the amount of revenue projected to be available for legislative appropriation.
(b) The committee may prepare for introduction during a special session of the legislature in which a revenue bill or an appropriation bill is under consideration an estimate of the amount of projected revenue. The revenue estimate is considered a subject specified in the call of a special session under 5-3-101.
(3) The committee's estimate, as introduced in the legislature, constitutes the legislature's current revenue estimate until amended or until final adoption of the estimate by both houses. It is intended that the legislature's estimates and the assumptions underlying the estimates will be used by all agencies with responsibilities for estimating revenue or costs, including the preparation of fiscal notes.
(4) The legislative services division shall provide staff assistance to the committee. The committee may request the assistance of the staffs of the office of the legislative fiscal analyst, the legislative auditor, the department of revenue, and any other agency that has information regarding any of the tax or revenue bases of the state.
(5) The committee shall review tax credits as provided in 15-30-2303.
History: En. Sec. 29, Ch. 19, L. 1999; amd. Sec. 14, Ch. 210, L. 2001; amd. Sec. 9, Ch. 114, L. 2003; amd. Sec. 2, Ch. 5, L. 2007; amd. Sec. 1, Ch. 41, L. 2015; amd. Sec. 2, Ch. 4, L. 2017; amd. Sec. 5, Ch. 163, L. 2019; amd. Sec. 2, Ch. 399, L. 2019; amd. Sec. 1, Ch. 14, L. 2021; amd. Sec. 1, Ch. 35, L. 2021; amd. Sec. 3, Ch. 142, L. 2021; amd. Sec. 27, Ch. 576, L. 2021.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 2. Organization -- Interim Committees › 5-5-228. State administration and veterans' affairs interim committee

5-5-228. State administration and veterans' affairs interim committee.
(1) The state administration and veterans' affairs interim committee has administrative rule review, draft legislation review, program evaluation, and monitoring functions for the public employee retirement plans and for the following executive branch agencies and, unless otherwise assigned by law, the entities attached to the agencies for administrative purposes:
(a) department of administration, except:
(i) the state compensation insurance fund provided for in 39-71-2313, including the board of directors of the state compensation insurance fund established in 2-15-1019;
(ii) the Montana tax appeal board established in 2-15-1015;
(iii) the division of banking and financial institutions; and
(iv) the office of state public defender;
(b) department of military affairs; and
(c) office of the secretary of state.
(2) The committee shall:
(a) consider the actuarial and fiscal soundness of the state's public employee retirement systems, based on reports from the teachers' retirement board, the public employees' retirement board, and the board of investments, and study and evaluate the equity and benefit structure of the state's public employee retirement systems;
(b) establish principles of sound fiscal and public policy as guidelines;
(c) as necessary, develop legislation to keep the retirement systems consistent with sound policy principles; and
(d) publish, for legislators' use, information on the public employee retirement systems that the committee considers will be valuable to legislators when considering retirement legislation.
(3) The committee may:
(a) specify the date by which retirement board proposals affecting a retirement system must be submitted to the committee for the review pursuant to subsection (1); and
(b) request personnel from state agencies, including boards, political subdivisions, and the state public employee retirement systems, to furnish any information and render any assistance that the committee may request.
History: En. Sec. 30, Ch. 19, L. 1999; amd. Sec. 15, Ch. 210, L. 2001; amd. Sec. 1, Ch. 2, Sp. L. December 2005; amd. Sec. 3, Ch. 91, L. 2011; amd. Sec. 2, Ch. 19, L. 2013; amd. Sec. 1, Ch. 20, L. 2013; amd. Sec. 2, Ch. 41, L. 2015; amd. Sec. 7, Ch. 358, L. 2017; amd. Sec. 1, Ch. 145, L. 2019; amd. Sec. 4, Ch. 142, L. 2021.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 2. Organization -- Interim Committees › 5-5-229. State-tribal relations committee

5-5-229. State-tribal relations committee.
(1) There is a state-tribal relations committee. Except as provided in subsection (2), the committee is treated as an interim committee for the purposes of 5-5-211 through 5-5-214. The committee shall:
(a) act as a liaison with tribal governments;
(b) encourage state-tribal and local government-tribal cooperation;
(c) conduct interim studies as assigned pursuant to 5-5-217; and
(d) provide recommendations and a report, if one is written, in accordance with 5-5-216 for studies completed by the committee.
(2) The composition of the state-tribal relations committee must be as follows:
(a) six members of the house, three from the majority party and three from the minority party; and
(b) four members of the senate, two from the majority party and two from the minority party.
History: En. Sec. 16, Ch. 210, L. 2001; amd. Sec. 20, Ch. 261, L. 2021; amd. Sec. 3, Ch. 432, L. 2023.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 2. Organization -- Interim Committees › 5-5-230. Energy and telecommunications interim committee

5-5-230. Energy and telecommunications interim committee.
The energy and telecommunications interim committee has administrative rule review, draft legislation review, program evaluation, and monitoring functions for the department of public service regulation and the public service commission.
History: En. Sec. 3, Ch. 565, L. 2003; amd. Sec. 1, Ch. 221, L. 2005.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 2. Organization -- Interim Committees › 5-5-231. Water policy interim committee

5-5-231. Water policy interim committee.
(1) There is a water policy interim committee. The committee shall:
(a) determine which water policy issues it examines;
(b) conduct interim studies as assigned pursuant to 5-5-217;
(c) subject to the provisions of 5-5-202(4), coordinate with the environmental quality council and other interim committees to avoid duplication of efforts;
(d) provide recommendations and a report, if one is written, in accordance with 5-5-216 for studies completed by the committee; and
(e) in accordance with 5-5-215, for issues where the primary concern is the quality or quantity of water, perform the administrative rule review, draft legislation review, program evaluation, and monitoring functions of an interim committee for the following executive branch agencies and the entities attached to the agencies for administrative purposes:
(i) department of environmental quality;
(ii) department of fish, wildlife, and parks; and
(iii) department of natural resources and conservation.
(2) At least two members of the committee must possess experience in agriculture.
History: En. Sec. 1, Ch. 285, L. 2009; amd. Sec. 2, Ch. 122, L. 2015; amd. Sec. 21, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 2. Organization -- Interim Committees › 5-5-232. Local government interim committee

5-5-232. Local government interim committee.
There is a local government interim committee. The committee is treated as an interim committee for the purposes of 5-5-211 through 5-5-214. The local government interim committee shall:
(1) act as a liaison with local governments;
(2) promote and strengthen local government through recognition of the principle that strong communities with effective, democratic governmental institutions are one of the best assurances of a strong Montana;
(3) bring together representatives of state and local government for consideration of common problems;
(4) provide a forum for discussing state oversight of local functions, realistic local autonomy, and intergovernmental cooperation;
(5) identify and promote the most desirable allocation of state and local government functions, responsibilities, and revenue;
(6) promote concise, consistent, and uniform regulation for local government;
(7) coordinate and simplify laws, rules, and administrative practices in order to achieve more orderly and less competitive fiscal and administrative relationships between and among state and local governments;
(8) review state mandates to local governments that are subject to 1-2-112 and 1-2-114 through 1-2-116;
(9) make recommendations to the legislature, executive branch agencies, and local governing bodies concerning:
(a) changes in statutes, rules, ordinances, and resolutions that will provide concise, consistent, and uniform guidance and regulations for local government;
(b) changes in tax laws that will achieve more orderly and less competitive fiscal relationships between levels of government;
(c) methods of coordinating and simplifying competitive practices to achieve more orderly administrative relationships among levels of government; and
(d) training programs and technical assistance for local government officers and employees that will promote effectiveness and efficiency in local government;
(10) conduct interim studies as assigned pursuant to 5-5-217; and
(11) provide recommendations and a report, if one is written, in accordance with 5-5-216 for studies completed by the committee.
History: En. Sec. 1, Ch. 167, L. 2017; amd. Sec. 22, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 2. Organization -- Interim Committees › 5-5-233. Transportation interim committee

5-5-233. Transportation interim committee.
The transportation interim committee has administrative rule review, draft legislation review, program evaluation, and monitoring functions for the department of transportation, the motor vehicle division of the department of justice, and the entities attached to the department of transportation for administrative purposes.
History: En. Sec. 1, Ch. 163, L. 2019.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 2. Organization -- Interim Committees › 5-5-234. Appointments

5-5-234. Appointments.
(1) (a) Whenever a legislative appointing authority is required or authorized to appoint more than one legislative member of the majority party to a committee, subcommittee, or other statutorily recognized or authorized entity, the appointing authority may appoint a member of a party other than the majority party.
(b) Whenever a legislative appointing authority is required or authorized to appoint more than one legislative member of the minority party to a committee, subcommittee, other statutorily recognized or authorized entity, the appointing authority may, if requested by the minority leader, appoint a member of a party other than the minority party or majority party instead of a member of the minority party.
(2) (a) Whenever an elected state official, as defined in 5-7-102, is required or authorized to appoint more than one legislative member of the majority party to a statutorily recognized or authorized entity, the elected state official may, if requested by the senate president for a senate appointee or if requested by the speaker of the house for a house appointee, appoint a member of a party other than the majority party instead of a member of the majority party.
(b) Whenever an elected state official, as defined in 5-7-102, is required or authorized to appoint more than one legislative member of the minority party to a statutorily recognized or authorized entity, the elected state official may, if requested by the senate minority leader for a senate appointee or if requested by the house minority leader for a house appointee, appoint a member of a party other than the minority party or majority party instead of a member of the minority party.
(3) If a vacancy occurs in the membership of a committee, subcommittee, or statutorily recognized or authorized entity because of the resignation or disqualification of a member appointed under the provisions of subsection (1) or (2), the appointing authority authorized or required to make an appointment to fill the vacancy is subject to the provisions of subsections (1) and (2).
(4) If an individual appointed under subsection (1) or (2) is not a member of either the majority party or minority party and resigns from or is otherwise disqualified from serving, the appointing authority shall fill the vacancy under the provisions of subsection (1) or (2) as if the appointment were an initial appointment, and the appointing authority is not required to fill the vacancy with an individual who is a member of the same party of which the individual whose resignation or disqualification caused the vacancy.
(5) The appointing authority for an interim committee provided for in Title 5 and composed of nine or more members shall appoint members in a manner that reflects the majority and minority composition of the legislature.
History: En. Sec. 2, Ch. 4, Sp. L. May 2007; amd. Sec. 4, Ch. 432, L. 2023.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 3. Appointments by Governor › 5-5-301. Governor to transmit list of appointments to legislature

5-5-301. Governor to transmit list of appointments to legislature.
Within 10 days after the convening of the legislature, the governor shall transmit to the legislature a list of all appointments made by the governor under the provisions of 2-16-506 during the recess of the legislature.
History: En. Sec. 371, Pol. C. 1895; re-en. Sec. 146, Rev. C. 1907; re-en. Sec. 125, R.C.M. 1921; Cal. Pol. C. Sec. 381; re-en. Sec. 125, R.C.M. 1935; R.C.M. 1947, 82-1302; amd. Sec. 234, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 3. Appointments by Governor › 5-5-302. Nominations to senate to be in writing

5-5-302. Nominations to senate to be in writing.
Nominations made by the governor to the senate must be in writing, designating the residence of the nominee and the office for which the person is nominated.
History: En. Sec. 1000, Pol. C. 1895; re-en. Sec. 356, Rev. C. 1907; re-en. Sec. 424, R.C.M. 1921; Cal. Pol. C. Sec. 889; re-en. Sec. 424, R.C.M. 1935; R.C.M. 1947, 59-407; amd. Sec. 235, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 3. Appointments by Governor › 5-5-303. Resolution of concurrence

5-5-303. Resolution of concurrence.
Whenever the senate concurs in a nomination, its secretary must immediately deliver a copy of the resolution of concurrence, certified by the president and secretary, to the secretary of state and another copy, certified by the secretary, to the governor.
History: En. Sec. 1001, Pol. C. 1895; re-en. Sec. 357, Rev. C. 1907; re-en. Sec. 425, R.C.M. 1921; Cal. Pol. C. Sec. 890; re-en. Sec. 425, R.C.M. 1935; R.C.M. 1947, 59-408.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 4. Impeachment › 5-5-401. Officers liable to impeachment

5-5-401. Officers liable to impeachment.
The governor, executive officers, heads of state departments, and judicial officers are liable to impeachment for felonies and misdemeanors or malfeasance in office.
History: Our present impeachment laws are substantially the same as the territorial acts which provided for trial by the council. See Secs. 41-62, pp. 196-199, Cod. Stat. 1871; re-en. as Secs. 41-62, 3d Div. Rev. Stat. 1879; re-en. as Secs. 41-63, 3d Div. Comp. Stat. 1887; re-en. Sec. 1500, Pen. C. 1895; re-en. Sec. 8972, Rev. C. 1907; re-en. Sec. 11668, R.C.M. 1921; Cal. Pen. C. Sec. 737; re-en. Sec. 11668, R.C.M. 1935; Sec. 94-5401, R.C.M. 1947; amd. Sec. 2, Ch. 5, L. 1973; redes. 95-2801 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 29, Ch. 309, L. 1977; R.C.M. 1947, 95-2801.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 4. Impeachment › 5-5-402. Sole power of impeachment

5-5-402. Sole power of impeachment.
The sole power of impeachment vests in the house of representatives, the concurrence of two-thirds of all the members being necessary to the exercise thereof.
History: En. Sec. 1501, Pen. C. 1895; re-en. Sec. 8973, Rev. C. 1907; re-en. Sec. 11669, R.C.M. 1921; re-en. Sec. 11669, R.C.M. 1935; Sec. 94-5402, R.C.M. 1947; amd. Sec. 1, Ch. 10, L. 1973; redes. 95-2802 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-2802(part).
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 4. Impeachment › 5-5-403. Trial of impeachments

5-5-403. Trial of impeachments.
(1) Impeachment shall be tried by the senate, the court of impeachment, sitting for that purpose. The senators shall be upon oath or affirmation to do justice according to law and evidence.
(2) The court has jurisdiction to try impeachments presented by the house of representatives.
History: (1)Ap. p. Sec. 1501, Pen. C. 1895; re-en. Sec. 8973, Rev. C. 1907; re-en. Sec. 11669, R.C.M. 1921; re-en. Sec. 11669, R.C.M. 1935; Sec. 94-5402, R.C.M. 1947; amd. Sec. 1, Ch. 10, L. 1973; redes. 95-2802 by Sec. 29, Ch. 513, L. 1973; Sec. 95-2802, R.C.M. 1947; Ap. p. Sec. 6, C. Civ. Proc. 1895; re-en. Sec. 6240, Rev. C. 1907; re-en. Sec. 8786, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 36; re-en. Sec. 8786, R.C.M. 1935; Sec. 93-103, R.C.M. 1947; (2)En. Sec. 7, C. Civ. Proc. 1895; re-en. Sec. 6241, Rev. C. 1907; re-en. Sec. 8787, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 37; re-en. Sec. 8787, R.C.M. 1935; amd. Sec. 1, Ch. 5, L. 1973; amd. Sec. 28, Ch. 309, L. 1977; Sec. 93-104, R.C.M. 1947; R.C.M. 1947, 93-103, 93-104, 95-2802(part).
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 4. Impeachment › 5-5-404. Officers of the court

5-5-404. Officers of the court.
(1) The officers of the senate are officers of the court.
(2) When the governor or lieutenant governor is on trial, the chief justice of the supreme court shall preside.
History: (1)En. Sec. 8, C. Civ. Proc. 1895; re-en. Sec. 6242, Rev. C. 1907; re-en. Sec. 8788, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 38; Sec. 93-105, R.C.M. 1947; (2)En. Sec. 1501, Pen. C. 1895; re-en. Sec. 8973, Rev. C. 1907; re-en. Sec. 11669, R.C.M. 1921; re-en. Sec. 11669, R.C.M. 1935; Sec. 94-5402, R.C.M. 1947; amd. Sec. 1, Ch. 10, L. 1973; redes. 95-2802 by Sec. 29, Ch. 513, L. 1973; Sec. 95-2802, R.C.M. 1947; R.C.M. 1947, 93-105, 95-2802(part).
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 4. Impeachment › 5-5-405. Senate subpoenas

5-5-405. Senate subpoenas.
A subpoena issued by the senate during an impeachment proceeding has the same force and effect as a subpoena from a district court in a criminal action.
History: En. Sec. 5, Ch. 687, L. 2023.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 4. Impeachment › 5-5-411. Articles of impeachment

5-5-411. Articles of impeachment.
(1) All impeachments must be by resolution originated in and adopted by the house of representatives. The resolution shall be conducted through the house by managers elected by the house.
(2) The managers shall prepare articles of impeachment, present them at the bar of the senate, and prosecute them.
History: En. Sec. 1502, Pen. C. 1895; re-en. Sec. 8974, Rev. C. 1907; re-en. Sec. 11670, R.C.M. 1921; Cal. Pen. C. Sec. 738; re-en. Sec. 11670, R.C.M. 1935; Sec. 94-5403, R.C.M. 1947; redes. 95-2803 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 30, Ch. 309, L. 1977; R.C.M. 1947, 95-2803.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 4. Impeachment › 5-5-412. Delivery of articles to senate

5-5-412. Delivery of articles to senate.
When an officer is impeached by the house of representatives, the articles of impeachment must be delivered to the president of the senate.
History: En. Sec. 1503, Pen. C. 1895; re-en. Sec. 8975, Rev. C. 1907; re-en. Sec. 11671, R.C.M. 1921; Cal. Pen. C. Sec. 739; re-en. Sec. 11671, R.C.M. 1935; Sec. 94-5404, R.C.M. 1947; redes. 95-2804 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-2804.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 4. Impeachment › 5-5-413. Suspension pending trial -- filling vacancy

5-5-413. Suspension pending trial -- filling vacancy.
(1) Whenever articles of impeachment against any officer subject to impeachment are presented to the senate, the officer is temporarily suspended from office and cannot act in an official capacity until the officer is acquitted.
(2) Upon suspension of any officer other than the governor, the office must be at once temporarily filled by an appointment made by the governor, with the advice and consent of the senate. The term of the appointment is until the acquittal of the party impeached or, in case of the party's removal, until the vacancy is filled at the next election as required by law.
History: En. Sec. 1516, Pen. C. 1895; re-en. Sec. 8988, Rev. C. 1907; re-en. Sec. 11684, R.C.M. 1921; Cal. Pen. C. Sec. 751; re-en. Sec. 11684, R.C.M. 1935; Sec. 94-5417, R.C.M. 1947; redes. 95-2817 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-2817; amd. Sec. 236, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 4. Impeachment › 5-5-414. Time of hearing -- service of defendant

5-5-414. Time of hearing -- service of defendant.
(1) The senate must assign a day for the hearing of the impeachment and inform the house of representatives thereof.
(2) The president of the senate must cause a copy of the articles of impeachment, with a notice to appear and answer the same at the time and place appointed, to be served on the defendant not less than 10 days before the day fixed for the hearing.
History: En. Sec. 1504, Pen. C. 1895; re-en. Sec. 8976, Rev. C. 1907; re-en. Sec. 11672, R.C.M. 1921; Cal. Pen. C. Sec. 740; re-en. Sec. 11672, R.C.M. 1935; Sec. 94-5405, R.C.M. 1947; redes. 95-2805 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-2805.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 4. Impeachment › 5-5-415. Service -- how made

5-5-415. Service -- how made.
The service must be made upon the defendant personally, or if the defendant cannot upon diligent inquiry be found within the state, the senate, upon proof of that fact, may order publication to be made, in the manner that it considers proper, of a notice requiring the defendant to appear at a specified time and place and answer the articles of impeachment.
History: En. Sec. 1505, Pen. C. 1895; re-en. Sec. 8977, Rev. C. 1907; re-en. Sec. 11673, R.C.M. 1921; Cal. Pen. C. Sec. 741; re-en. Sec. 11673, R.C.M. 1935; Sec. 94-5406, R.C.M. 1947; redes. 95-2806 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-2806; amd. Sec. 237, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 4. Impeachment › 5-5-416. Senate to be sworn

5-5-416. Senate to be sworn.
(1) At the time and place appointed and before the senate proceeds to act on the impeachment, the secretary must administer to the president of the senate, and the president of the senate to each of the members of the senate then present, an oath truly and impartially to hear, try, and determine the impeachment.
(2) No member of the senate can act or vote upon the impeachment or upon any question arising thereon without having taken such oath.
History: En. Sec. 1510, Pen. C. 1895; re-en. Sec. 8982, Rev. C. 1907; re-en. Sec. 11678, R.C.M. 1921; Cal. Pen. C. Sec. 745; re-en. Sec. 11678, R.C.M. 1935; Sec. 94-5411, R.C.M. 1947; redes. 95-2811 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-2811.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 4. Impeachment › 5-5-417. Proceedings on failure to appear

5-5-417. Proceedings on failure to appear.
If the defendant does not appear, the senate, upon proof of service or publication as provided in 5-5-414 and 5-5-415, may of its own motion or for cause shown assign another day for hearing the impeachment or may proceed in the absence of the defendant to trial and judgment.
History: En. Sec. 1506, Pen. C. 1895; re-en. Sec. 8978, Rev. C. 1907; re-en. Sec. 11674 R.C.M. 1921; Cal. Pen. C. Sec. 742; re-en. Sec. 11674, R.C.M. 1935; Sec. 94-5407, R.C.M. 1947; redes. 95-2807 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-2807.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 4. Impeachment › 5-5-418. Counsel may be appointed

5-5-418. Counsel may be appointed.
(1) If the defendant appears and is unable to procure the assistance of counsel, it is the duty of the president of the senate to appoint some suitable person to assist the defendant in a defense.
(2) If the defendant is served by publication and fails to appear, it is the duty of the president of the senate to appoint some person or counsel to appear in behalf of the defendant and to make a defense.
History: En. Sec. 1507, Pen. C. 1895; re-en. Sec. 8979, Rev. C. 1907; re-en. Sec. 11675, R.C.M. 1921; re-en. Sec. 11675, R.C.M. 1935; Sec. 94-5408, R.C.M. 1947; redes. 95-2808 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-2808; amd. Sec. 238, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 4. Impeachment › 5-5-419. Defendant's objection or answer

5-5-419. Defendant's objection or answer.
When the defendant appears, the defendant may object, in writing, to the sufficiency of the articles of impeachment or may answer the articles by an oral plea of not guilty. The plea must be entered upon the journal and must put in issue every material allegation of the articles of impeachment.
History: En. Sec. 1508, Pen. C. 1895; re-en. Sec. 8980, Rev. C. 1907; re-en. Sec. 11676, R.C.M. 1921; Cal. Pen. C. Sec. 743; re-en. Sec. 11676, R.C.M. 1935; Sec. 94-5409, R.C.M. 1947; redes. 95-2809 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-2809; amd. Sec. 239, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 4. Impeachment › 5-5-420. Overrule of objection -- defendant's plea

5-5-420. Overrule of objection -- defendant's plea.
If the objection to the sufficiency of the articles of impeachment is not sustained by a majority of the members of the senate, the defendant must be ordered to immediately answer the articles of impeachment. If the defendant pleads guilty, the senate shall render judgment of conviction against the defendant. If the defendant pleads not guilty or refuses to plead, the senate shall, at the time that it designates, proceed to try the impeachment.
History: En. Sec. 1509, Pen. C. 1895; re-en. Sec. 8981, Rev. C. 1907; re-en. Sec. 11677, R.C.M. 1921; Cal. Pen. C. Sec. 744; re-en. Sec. 11677, R.C.M. 1935; Sec. 94-5410, R.C.M. 1947; redes. 95-2810 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-2810; amd. Sec. 240, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 4. Impeachment › 5-5-421. Two-thirds vote necessary to conviction

5-5-421. Two-thirds vote necessary to conviction.
The defendant cannot be convicted on impeachment without the concurrence of two-thirds of the members elected, voting by ayes and noes. If two-thirds of the members elected do not concur in a conviction, the defendant must be acquitted.
History: En. Sec. 1511, Pen. C. 1895; re-en. Sec. 8983, Rev. C. 1907; re-en. Sec. 11679, R.C.M. 1921; Cal. Pen. C. Sec. 746; re-en. Sec. 11679, R.C.M. 1935; Sec. 94-5412, R.C.M. 1947; redes. 95-2812 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-2812; amd. Sec. 241, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 4. Impeachment › 5-5-422. Judgment on conviction -- how pronounced

5-5-422. Judgment on conviction -- how pronounced.
After conviction the senate must, at such time as it may appoint, pronounce judgment in the form of a resolution entered upon the journals of the senate.
History: En. Sec. 1512, Pen. C. 1895; re-en. Sec. 8984, Rev. C. 1907; re-en. Sec. 11680, R.C.M. 1921; Cal. Pen. C. Sec. 747; re-en. Sec. 11680, R.C.M. 1935; Sec. 94-5413, R.C.M. 1947; redes. 95-2813 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-2813.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 4. Impeachment › 5-5-423. Judgment on conviction -- how finalized

5-5-423. Judgment on conviction -- how finalized.
On the adoption of the resolution by a majority of the members present who voted on the question of acquittal or conviction, it becomes the judgment of the senate.
History: En. Sec. 1513, Pen. C. 1895; re-en. Sec. 8985, Rev. C. 1907; re-en. Sec. 11681, R.C.M. 1921; Cal. Pen. C. Sec. 748; re-en. Sec. 11681, R.C.M. 1935; Sec. 94-5414, R.C.M. 1947; redes. 95-2814 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-2814.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 4. Impeachment › 5-5-431. Nature of judgment

5-5-431. Nature of judgment.
The judgment in the impeachment may be that the defendant be suspended or that the defendant be removed from office and disqualified to hold any office of honor, trust, or profit under the state.
History: En. Sec. 1514, Pen. C. 1895; re-en. Sec. 8986, Rev. C. 1907; re-en. Sec. 11682, R.C.M. 1921; Cal. Pen. C. Sec. 749; re-en. Sec. 11682, R.C.M. 1935; Sec. 94-5415, R.C.M. 1947; redes. 95-2815 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-2815; amd. Sec. 242, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 4. Impeachment › 5-5-432. Effect of judgment of suspension

5-5-432. Effect of judgment of suspension.
If judgment of suspension is given, the defendant, during the continuance thereof, is disqualified from receiving the salary, fees, or emoluments of the office.
History: En. Sec. 1515, Pen. C. 1895; re-en. Sec. 8987, Rev. C. 1907; re-en. Sec. 11683, R.C.M. 1921; Cal. Pen. C. Sec. 750; re-en. Sec. 11683, R.c.M. 1935; Sec. 94-5416, R.C.M. 1947; redes. 95-2816 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-2816.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 5. Legislative Procedures › Part 4. Impeachment › 5-5-433. Criminal prosecution not barred

5-5-433. Criminal prosecution not barred.
If the offense for which the defendant is convicted on impeachment is also the subject of an indictment or information, the indictment or information is not barred thereby.
History: En. Sec. 1518, Pen. C. 1895; re-en. Sec. 8990, Rev. C. 1907; re-en. Sec. 11686, R.C.M. 1921; Cal. Pen. C. Sec. 753; re-en. Sec. 11686, R.C.M. 1935; Sec. 94-5419, R.C.M. 1947; redes. 95-2819 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-2819.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 6. Legislative Interns (Repealed) › Part 1. Legislative Intern Program (Repealed) › 5-6-101. Repealed

5-6-101. Repealed.
Sec. 1, Ch. 133, L. 2013.
History: En. 43-720 by Sec. 1, Ch. 305, L. 1974; R.C.M. 1947, 43-720.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 6. Legislative Interns (Repealed) › Part 1. Legislative Intern Program (Repealed) › 5-6-102. Repealed

5-6-102. Repealed.
Sec. 1, Ch. 133, L. 2013.
History: En. 43-721 by Sec. 2, Ch. 305, L. 1974; amd. Sec. 17, Ch. 309, L. 1977; R.C.M. 1947, 43-721; amd. Sec. 5, Ch. 224, L. 1989; amd. Sec. 1, Ch. 225, L. 1995; amd. Sec. 1, Ch. 38, L. 2001.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 6. Legislative Interns (Repealed) › Part 1. Legislative Intern Program (Repealed) › 5-6-103. Repealed

5-6-103. Repealed.
Sec. 1, Ch. 133, L. 2013.
History: En. 43-722 by Sec. 3, Ch. 305, L. 1974; R.C.M. 1947, 43-722; amd. Sec. 1, Ch. 104, L. 1997.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 6. Legislative Interns (Repealed) › Part 1. Legislative Intern Program (Repealed) › 5-6-104. Repealed

5-6-104. Repealed.
Sec. 1, Ch. 133, L. 2013.
History: En. 43-723 by Sec. 4, Ch. 305, L. 1974; R.C.M. 1947, 43-723.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 6. Legislative Interns (Repealed) › Part 1. Legislative Intern Program (Repealed) › 5-6-105. Repealed

5-6-105. Repealed.
Sec. 1, Ch. 133, L. 2013.
History: En. 43-724 by Sec. 5, Ch. 305, L. 1974; R.C.M. 1947, 43-724.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 6. Legislative Interns (Repealed) › Part 1. Legislative Intern Program (Repealed) › 5-6-106. Repealed

5-6-106. Repealed.
Sec. 1, Ch. 133, L. 2013.
History: En. 43-725 by Sec. 6, Ch. 305, L. 1974; amd. Sec. 18, Ch. 309, L. 1977; R.C.M. 1947, 43-725; amd. Sec. 1, Ch. 72, L. 1993; amd. Sec. 2, Ch. 225, L. 1995.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 6. Legislative Interns (Repealed) › Part 1. Legislative Intern Program (Repealed) › 5-6-107. Repealed

5-6-107. Repealed.
Sec. 1, Ch. 133, L. 2013.
History: En. 43-726 by Sec. 7, Ch. 305, L. 1974; R.C.M. 1947, 43-726.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 6. Legislative Interns (Repealed) › Part 1. Legislative Intern Program (Repealed) › 5-6-108. Repealed

5-6-108. Repealed.
Sec. 1, Ch. 133, L. 2013.
History: En. 43-727 by Sec. 8, Ch. 305, L. 1974; R.C.M. 1947, 43-727.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 6. Legislative Interns (Repealed) › Part 1. Legislative Intern Program (Repealed) › 5-6-109. Repealed

5-6-109. Repealed.
Sec. 1, Ch. 133, L. 2013.
History: En. 43-728 by Sec. 9, Ch. 305, L. 1974; R.C.M. 1947, 43-728; amd. Sec. 243, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 6. Legislative Interns (Repealed) › Part 1. Legislative Intern Program (Repealed) › 5-6-110. Repealed

5-6-110. Repealed.
Sec. 1, Ch. 133, L. 2013.
History: En. 43-729 by Sec. 10, Ch. 305, L. 1974; R.C.M. 1947, 43-729.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 6. Legislative Interns (Repealed) › Part 1. Legislative Intern Program (Repealed) › 5-6-111. Repealed

5-6-111. Repealed.
Sec. 1, Ch. 133, L. 2013.
History: En. 43-730 by Sec. 12, Ch. 305, L. 1974; R.C.M. 1947, 43-730.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 7. Lobbying › Part 1. General Provisions -- Licenses › 5-7-101. Purposes of chapter -- applicability

5-7-101. Purposes of chapter -- applicability.
(1) The purposes of this chapter are to promote a high standard of ethics in the practice of lobbying, to prevent unfair and unethical lobbying practices, to provide for the licensing of lobbyists and the suspension or revocation of the licenses, and to require disclosure of the amounts of money spent for lobbying.
(2) This chapter does not subject an individual lobbying on the individual's own behalf to any reporting requirements or deprive an individual of the constitutional right to communicate with legislators.
History: En. Sec. 1, Ch. 157, L. 1959; amd. Sec. 19, Ch. 309, L. 1977; R.C.M. 1947, 43-801; amd. Sec. 1, I.M. No. 85, approved Nov. 4, 1980; amd. Sec. 1, Ch. 568, L. 1983; amd. Sec. 1, Ch. 498, L. 1991; amd. Sec. 244, Ch. 61, L. 2007; amd. Sec. 1, Ch. 6, L. 2021.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 7. Lobbying › Part 1. General Provisions -- Licenses › 5-7-103. Licenses -- fees -- eligibility -- waiver

5-7-103. Licenses -- fees -- eligibility -- waiver.
(1) Any adult of good moral character who is otherwise qualified under this chapter may be licensed as a lobbyist. The commissioner shall provide a license application form. The application form may be obtained from and must be filed in the office of the commissioner. Upon approval of the application and receipt of the license fee by the commissioner, a license must be issued that entitles the licensee to practice lobbying on behalf of one or more enumerated principals. The license fee is $150 for each lobbyist except as provided in subsection (5) or unless the fee is waived for hardship reasons under this subsection. Each license expires on December 31 of each even-numbered year or may be terminated at the request of the lobbyist. A lobbyist who believes that payment of the license fee may constitute a hardship may apply to the commissioner for a waiver of the fee required by this section. The commissioner may waive all or a portion of the license fee upon proof by the lobbyist that payment of the fee constitutes a hardship.
(2) (a) Except as provided in subsection (2)(b), an application may not be disapproved without affording the applicant a hearing. The hearing must be held and the decision entered within 10 business days of the date of the filing of the application, excluding the date on which the application is filed.
(b) An application may not be approved if a principal has failed to file reports required under 5-7-208.
(3) The fines collected under this chapter must be deposited in the state treasury.
(4) The commissioner shall deposit the license fee provided for in subsection (1) in the general fund.
(5) A lobbyist who receives payments from one or more principals that total less than the amount specified under 5-7-112 in a calendar year is not required to pay the license fee or file an application form as provided for in subsection (1).
(6) The commissioner may adopt rules to implement the waiver provisions of subsections (1) and (5).
History: En. Sec. 3, Ch. 157, L. 1959; amd. Sec. 3, Ch. 248, L. 1965; amd. Sec. 20, Ch. 309, L. 1977; R.C.M. 1947, 43-803(1); amd. Sec. 3, I.M. No. 85, approved Nov. 4, 1980; amd. Sec. 1, Ch. 91, L. 1991; amd. Sec. 3, Ch. 498, L. 1991; amd. Sec. 1, Ch. 18, Sp. L. November 1993; amd. Sec. 5, Ch. 557, L. 2001; amd. Sec. 2, Ch. 572, L. 2003; amd. Sec. 1, Ch. 26, L. 2021.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 7. Lobbying › Part 1. General Provisions -- Licenses › 5-7-104. Repealed

5-7-104. Repealed.
Sec. 20, Initiative No. 85, 1980.
History: En. Sec. 3, Ch. 157, L. 1959; amd. Sec. 3, Ch. 248, L. 1965; amd. Sec. 20, Ch. 309, L. 1977; R.C.M. 1947, 43-803(2).
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 7. Lobbying › Part 1. General Provisions -- Licenses › 5-7-105. Suspension of lobbying privileges

5-7-105. Suspension of lobbying privileges.
A lobbyist whose license has been suspended and a person who has been adjudged guilty of a violation of any provision of this chapter may not engage in lobbying until that person has been reinstated to the practice and duly licensed.
History: En. Sec. 3, Ch. 157, L. 1959; amd. Sec. 3, Ch. 248, L. 1965; amd. Sec. 20, Ch. 309, L. 1977; R.C.M. 1947, 43-803(3); amd. Sec. 4, I.M. No. 85, approved Nov. 4 , 1980; amd. Sec. 3, Ch. 572, L. 2003.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 7. Lobbying › Part 1. General Provisions -- Licenses › 5-7-106. Disclosure of local government lobbying contract -- exemption for local government associations

5-7-106. Disclosure of local government lobbying contract -- exemption for local government associations.
(1) A local government shall prominently display on the local government's website the following information regarding contracts for services that would require a person to register as a lobbyist under Title 5, chapter 7:
(a) the contract execution date;
(b) the duration of the contract, including any extension options;
(c) the effective date;
(d) the total amount of money the local government paid in the previous fiscal year;
(e) the identity of all parties to the contract;
(f) the identity of any subcontractor to the contract; and
(g) a list of all legislation advocated for or against by all parties and subcontractors to the contract, including the position taken on each piece of legislation in the prior fiscal year.
(2) In lieu of posting the information required under subsections (1)(a) through (1)(g), the local government may post the contract for lobbying services on the local government's website as long as the contract contains the information specified in subsection (1)(g).
(3) The information required under subsections (1) and (2) must be posted and made available within 60 days after the end of the fiscal year in which the contract is signed. The information must remain posted to the website until the information is required to be updated under this section.
(4) If the local government does not maintain a website, the local government shall provide public notice that contract for lobbying services is available for review by the public at the office of the local government.
(5) At least once a month while the legislature is meeting during each regular session, a local government shall provide a report providing the information required under subsection (1)(g) that is included on the agenda of a regularly scheduled meeting of the local government.
(6) (a) Except as provided in subsection (6)(b), a contract between a local government and an organization or association of local government officials of which the local government is a member and to which the local government pays dues for services in addition to lobbying services is not subject to the disclosure requirements under this section.
(b) If a local government pays or donates money in excess of the normal dues for services to the organization or association and the excess money is used to support lobbying services, the excess money is subject to the disclosure requirements under this section.
(7) For the purposes of this section, "local government" has the same meaning as provided in 2-6-1002.
History: En. Sec. 1, Ch. 468, L. 2023.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 7. Lobbying › Part 1. General Provisions -- Licenses › 5-7-108. Inspection of applications and reports -- order of noncompliance -- notification

5-7-108. Inspection of applications and reports -- order of noncompliance -- notification.
(1) Each application and report filed with the commissioner must be inspected within 10 days after it is filed. If a person has not satisfied the provisions of this chapter, the commissioner shall immediately notify the person of the noncompliance.
(2) An order of noncompliance may be issued when:
(a) it is determined that an application or report filed with the commissioner does not conform to the requirements of this chapter; or
(b) a person has failed to file an application or report required by law.
(3) The person notified of noncompliance shall submit the necessary information within 5 days after receiving the notice of noncompliance. If the person notified of noncompliance fails to submit the required information within 5 days, the commissioner may initiate a civil action pursuant to the procedures contained in 5-7-305.
History: En. Sec. 3, Ch. 91, L. 1991; amd. Sec. 1, Ch. 31, L. 2003.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 7. Lobbying › Part 1. General Provisions -- Licenses › 5-7-111. Commissioner to make rules

5-7-111. Commissioner to make rules.
(1) The commissioner shall promulgate and publish rules necessary to carry out the provisions of this chapter in conformance with the Montana Administrative Procedure Act and, in particular, shall provide rules necessary to allocate salary, expenses, and any other payments between lobbying activities and other activities not connected with lobbying for any person whose activities are not solely limited to lobbying.
(2) Such rules shall be designed to effect and promote the purposes of this chapter, express or implied. Such rules shall be as simple and easily complied with as possible.
History: En. Sec. 17, I.M. No. 85, approved Nov. 4, 1980.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 7. Lobbying › Part 1. General Provisions -- Licenses › 5-7-112. Payment threshold -- inflation adjustment

5-7-112. Payment threshold -- inflation adjustment.
For calendar year 2004, the payment threshold referred to in 5-7-102(12)(b)(iii), 5-7-103, and 5-7-208 is $2,150. The commissioner shall adjust the threshold amount following a general election by multiplying the threshold amount valid for the year in which the general election was held by an inflation factor, adopted by the commissioner by rule. The rule must be written to reflect the annual average change in the consumer price index from the prior year to the year in which the general election is held. The resulting figure must be rounded up or down to the nearest $50 increment. The commissioner shall adopt the adjusted amount by rule.
History: En. Sec. 5, Ch. 572, L. 2003; amd. Sec. 7, Ch. 130, L. 2005; amd. Sec. 3, Ch. 6, L. 2021.