reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 9. Agriculture Development › Part 2. Agriculture Development Council › 90-9-203. Rulemaking

90-9-203. (Temporary) Rulemaking.
The council shall adopt rules necessary to implement the provisions of this chapter, including rules:
(1) governing the conduct of council business;
(2) establishing application procedures for loans and grants authorized in 90-9-202;
(3) establishing application procedures and required documentation for the Montana farmer loan repayment assistance program pursuant to 90-9-504;
(4) establishing procedures to be followed by the council in its review process prior to making a loan or grant or providing loan repayment assistance;
(5) establishing postdisbursement activities to monitor the use of a loan or grant by its recipient, including:
(a) any reporting requirements; and
(b) procedures for repayment of a loan or grant upon failure of a recipient to meet the terms and conditions of that loan or grant;
(6) establishing interest rates for loans in accordance with market factors and the purposes of this chapter;
(7) limiting the amount of loans or grants that any company may receive or apply for over a given period of time;
(8) governing the deferral or forgiveness of loans and any accrued interest; and
(9) establishing other terms and conditions of loans and grants and loan repayment assistance, as necessary, within the requirements and purposes of this chapter. (Terminates June 30, 2029--sec. 16, Ch. 439, L. 2019.)
90-9-203. (Effective July 1, 2029) Rulemaking.
The council shall adopt rules necessary to implement the provisions of this chapter, including rules:
(1) governing the conduct of council business;
(2) establishing application procedures for loans and grants authorized in 90-9-202;
(3) establishing procedures to be followed by the council in its review process prior to making a loan or grant;
(4) establishing postdisbursement activities to monitor the use of a loan or grant by its recipient, including:
(a) any reporting requirements; and
(b) procedures for repayment of a loan or grant upon failure of a recipient to meet the terms and conditions of that loan or grant;
(5) establishing interest rates for loans in accordance with market factors and the purposes of this chapter;
(6) limiting the amount of loans or grants that any company may receive or apply for over a given period of time;
(7) governing the deferral or forgiveness of loans and any accrued interest; and
(8) establishing other terms and conditions of loans and grants, as necessary, within the requirements and purposes of this chapter.
History: En. Sec. 9, Ch. 284, L. 1989; amd. Sec. 4, Ch. 171, L. 2001; amd. Sec. 4, Ch. 106, L. 2009; amd. Sec. 10, Ch. 439, L. 2019.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 9. Agriculture Development › Part 3. Grants and Loans › 90-9-301. Agriculture seed capital account -- matching funds

90-9-301. Agriculture seed capital account -- matching funds.
(1) There is an agriculture seed capital account administered by the council. Money received by the council under 90-9-306 must be deposited in this account.
(2) The council may loan or grant money from the agriculture seed capital account, pursuant to the provisions of 90-9-308 through 90-9-311.
History: En. Sec. 7, Ch. 665, L. 1987; amd. Sec. 12, Ch. 284, L. 1989; amd. Sec. 5, Ch. 171, L. 2001; amd. Sec. 5, Ch. 106, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 9. Agriculture Development › Part 3. Grants and Loans › 90-9-302. Repealed

90-9-302. Repealed.
Sec. 2, Ch. 189, L. 1991.
History: En. Sec. 8, Ch. 665, L. 1987; amd. Sec. 13, Ch. 284, L. 1989.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 9. Agriculture Development › Part 3. Grants and Loans › 90-9-303. Repealed

90-9-303. Repealed.
Sec. 14, Ch. 106, L. 2009.
History: En. Sec. 9, Ch. 665, L. 1987; amd. Sec. 6, Ch. 171, L. 2001.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 9. Agriculture Development › Part 3. Grants and Loans › 90-9-306. Appropriation authority and funding -- prohibitions

90-9-306. (Temporary) Appropriation authority and funding -- prohibitions.
(1) The council may accept and expend the funds that it receives from grants, donations, or other private or public income, including amounts repaid as principal and interest on loans made by the council. These funds are statutorily appropriated to the council, as provided in 17-7-502, for the purposes of this chapter, except that expenditures for actual and necessary expenses required for the efficient administration of this chapter must be made from temporary appropriations, as described in 17-7-501(1) or (2), made for that purpose.
(2) No more than $100,000 of the funds expended by the council in the biennium beginning July 1, 2019, may be expended for the purposes of the Montana farmer loan repayment assistance program provided for in Title 90, chapter 9, part 5. The council may use the unspent funds for grants, loans, or other program costs pursuant to this chapter.
(3) Council members may not personally apply for or receive council funds. If an organization with which a member is affiliated applies for council funds, the member shall disclose the nature of the affiliation and, if the council member is a board member or officer of the organization, may not participate in the decision of the council regarding the application. (Terminates June 30, 2029--sec. 16, Ch. 439, L. 2019.)
90-9-306. (Effective July 1, 2029) Appropriation authority and funding -- prohibitions.
(1) The council may accept and expend the funds that it receives from grants, donations, or other private or public income, including amounts repaid as principal and interest on loans made by the council. These funds are statutorily appropriated to the council, as provided in 17-7-502, for the purposes of this chapter, except that expenditures for actual and necessary expenses required for the efficient administration of this chapter must be made from temporary appropriations, as described in 17-7-501(1) or (2), made for that purpose.
(2) Council members may not personally apply for or receive council funds. If an organization with which a member is affiliated applies for council funds, the member shall disclose the nature of the affiliation and, if the council member is a board member or officer of the organization, may not participate in the decision of the council regarding the application.
History: En. Sec. 10, Ch. 665, L. 1987; amd. Sec. 14, Ch. 284, L. 1989; amd. Sec. 13, Ch. 628, L. 1989; amd. Sec. 7, Ch. 171, L. 2001; amd. Sec. 6, Ch. 106, L. 2009; amd. Sec. 11, Ch. 439, L. 2019.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 9. Agriculture Development › Part 3. Grants and Loans › 90-9-307. Accountability

90-9-307. Accountability.
The council shall develop independent review and audit procedures to ensure that loans and grants made by it are used for the specified purposes.
History: En. Sec. 11, Ch. 665, L. 1987; amd. Sec. 15, Ch. 284, L. 1989; amd. Sec. 7, Ch. 106, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 9. Agriculture Development › Part 3. Grants and Loans › 90-9-308. Application for loans and grants -- additional criteria

90-9-308. Application for loans and grants -- additional criteria.
(1) All applicants shall complete an application and provide financial information as established by rule.
(2) The council may not make a loan or grant unless the recipient provides matching funds prior to the expenditure of any state funds. The council may accept as matching funds those funds expended by the recipient within 1 year prior to the execution of the loan or grant.
(3) The department may provide assistance to applicants during the application process.
History: En. Sec. 11, Ch. 106, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 9. Agriculture Development › Part 3. Grants and Loans › 90-9-309. Terms and conditions of loans

90-9-309. Terms and conditions of loans.
(1) The term of any loan may not exceed 8 years.
(2) The amount of any loan may not exceed $100,000 in any 9-month period.
(3) Repayment of a loan is due in full upon dissolution or liquidation of the recipient company.
(4) The council may make a low-interest loan, at a rate established by rule, only if it determines that the applicant meets the criteria set forth in 90-9-308 and 90-9-311 and the applicant:
(a) has unencumbered collateral to secure the full amount of the loan; or
(b) meets other requirements established by rule.
(5) The council may make a high-interest loan, at a rate established by rule, only if it determines that the applicant meets the criteria set forth in 90-9-308 and 90-9-311.
(6) The council may establish other terms and conditions by rule.
History: En. Sec. 12, Ch. 106, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 9. Agriculture Development › Part 3. Grants and Loans › 90-9-310. Terms and conditions of grants

90-9-310. Terms and conditions of grants.
(1) A grant does not accrue interest, but is contingent on the funds being used for the specified purpose.
(2) The council may make a grant of up to $50,000 if an application meets all of the criteria set forth in 90-9-308 and 90-9-311 and one of the following applies:
(a) the proposal will benefit agricultural companies in addition to the applicant;
(b) the proposal will accomplish research that benefits agriculture as a whole; or
(c) the applicant is a nonprofit entity.
(3) The council may award a grant of up to $2,500 for educational, promotional, marketing, travel, or other business expenses related to agricultural development. These grants are not subject to the criteria set forth in 90-9-308 or 90-9-311.
History: En. Sec. 13, Ch. 106, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 9. Agriculture Development › Part 3. Grants and Loans › 90-9-311. General criteria underlying loans and grants

90-9-311. General criteria underlying loans and grants.
The council may make a loan or grant only if the council determines that:
(1) the loan or grant is consistent with the findings and purposes of this chapter because it primarily adds value to Montana's agricultural products;
(2) the project for which the loan or grant is made has prospects for achieving commercial success given the current personnel, experience, and resources of the applicant;
(3) the project for which the loan or grant is made is anticipated to create new jobs or retain existing jobs in the state;
(4) the loan or grant is primarily intended to be used for processing or adding value to agricultural products produced or potentially produced in the state; and
(5) the applicant has a management structure that allows the council to reasonably conclude that the applicant will comply with ongoing reporting requirements and postdisbursement monitoring activities established by the council.
History: En. Sec. 1, Ch. 284, L. 1989; amd. Sec. 8, Ch. 171, L. 2001; amd. Sec. 8, Ch. 106, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 9. Agriculture Development › Part 3. Grants and Loans › 90-9-312. Repealed

90-9-312. Repealed.
Sec. 14, Ch. 106, L. 2009.
History: En. Sec. 2, Ch. 284, L. 1989; amd. Sec. 9, Ch. 171, L. 2001.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 9. Agriculture Development › Part 3. Grants and Loans › 90-9-313. Repealed

90-9-313. Repealed.
Sec. 14, Ch. 106, L. 2009.
History: En. Sec. 3, Ch. 284, L. 1989; amd. Sec. 10, Ch. 171, L. 2001.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 9. Agriculture Development › Part 3. Grants and Loans › 90-9-316. Repealed

90-9-316. Repealed.
Sec. 14, Ch. 106, L. 2009.
History: En. Sec. 6, Ch. 284, L. 1989; amd. Sec. 11, Ch. 171, L. 2001.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 9. Agriculture Development › Part 4. Marketing -- Export Assistance › 90-9-401. Agricultural marketing enhancement

90-9-401. Agricultural marketing enhancement.
As directed by the council, the department shall assist in identification and development of new domestic and foreign markets for Montana agricultural products. This includes:
(1) assisting in placing one full-time professional marketing person in Japan or another Pacific Rim country to develop export marketing opportunities in the Pacific region;
(2) providing assistance for appropriate trade missions of Montana producers, processors, or distributors of agricultural products on a cost-share basis; and
(3) assisting in other appropriate means of enhancing domestic markets for Montana agricultural products.
History: En. Sec. 12, Ch. 665, L. 1987; amd. Sec. 16, Ch. 284, L. 1989; amd. Sec. 9, Ch. 106, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 9. Agriculture Development › Part 4. Marketing -- Export Assistance › 90-9-402. Export finance assistance

90-9-402. Export finance assistance.
As directed by the council, the department shall provide professional assistance to persons who apply for financial assistance for the purpose of developing export sales of Montana agricultural products.
History: En. Sec. 13, Ch. 665, L. 1987; amd. Sec. 10, Ch. 106, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 9. Agriculture Development › Part 5. Farmer Loan Repayment Assistance Program › 90-9-501. Montana farmer loan repayment assistance program

90-9-501. (Temporary) Montana farmer loan repayment assistance program.
There is a Montana farmer loan repayment assistance program administered by the council in consultation with the cooperative extension service. The program must provide for the direct repayment of educational loans of eligible farmers in accordance with the rules adopted by the council pursuant to 90-9-203 to implement this part. (Terminates June 30, 2029--sec. 16, Ch. 439, L. 2019.)
History: En. Sec. 1, Ch. 439, L. 2019.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 9. Agriculture Development › Part 5. Farmer Loan Repayment Assistance Program › 90-9-502. Eligibility -- amount of loan repayment assistance

90-9-502. (Temporary) Eligibility -- amount of loan repayment assistance.
(1) A farmer is qualified for loan repayment assistance if the farmer:
(a) is a resident of Montana whose primary occupation is to operate a farm;
(b) has graduated from a postsecondary institution as defined in 20-26-603 with an associate degree or a baccalaureate degree; and
(c) commits to operate the farm for at least 5 years after applying for loan repayment assistance pursuant to this part.
(2) A farmer who is qualified pursuant to subsection (1) is eligible for loan repayment assistance for up to a maximum of 5 years.
(3) The total amount of loan repayment assistance for an eligible qualified farmer may not exceed 50% of the total amount of educational loans outstanding on the application date for loan repayment assistance.
(4) A farmer who qualifies for and receives loan repayment assistance shall repay that assistance if the farmer ceases to operate the farm before the end of the 5-year commitment. (Terminates June 30, 2029--sec. 16, Ch. 439, L. 2019.)
History: En. Sec. 2, Ch. 439, L. 2019; amd. Sec. 13, Ch. 14, L. 2021.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 9. Agriculture Development › Part 5. Farmer Loan Repayment Assistance Program › 90-9-503. Payments to be made directly to educational loan servicer

90-9-503. (Temporary) Payments to be made directly to educational loan servicer.
(1) In administering the Montana farmer loan repayment assistance program, the council shall ensure the payments on behalf of a qualified farmer are paid directly to the educational loan servicer.
(2) A qualified farmer may choose whether the council makes one annual payment or 12 monthly payments to the educational loan servicer for each year of a qualified farmer's eligibility for loan repayment assistance. (Terminates June 30, 2029--sec. 16, Ch. 439, L. 2019.)
History: En. Sec. 3, Ch. 439, L. 2019.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 9. Agriculture Development › Part 5. Farmer Loan Repayment Assistance Program › 90-9-504. Loan repayment assistance documentation

90-9-504. (Temporary) Loan repayment assistance documentation.
A qualified farmer shall submit an application for loan repayment assistance to the council in accordance with rules adopted by the council. The application must include official verification or proof of the applicant's total unpaid accumulated educational loan debt and other documentation required by the council that is necessary to verify the applicant's eligibility. (Terminates June 30, 2029--sec. 16, Ch. 439, L. 2019.)
History: En. Sec. 4, Ch. 439, L. 2019.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 9. Agriculture Development › Part 5. Farmer Loan Repayment Assistance Program › 90-9-505. Funding -- priorities

90-9-505. (Temporary) Funding -- priorities.
If the funding for this part in any year is less than the total amount of loan repayment assistance for which farmers qualify, the council shall work with the cooperative extension service to develop a method to prioritize loan repayment assistance to applicants. In developing a prioritization method, the council shall consider giving priority to applicants:
(1) with the greatest financial need;
(2) who are most likely to successfully continue operating a farm based on factors including an applicant's interest in farming, training, experience, business plan, and relationship with a mentor;
(3) who own or are working toward ownership of a farm;
(4) who operate farms that employ sustainable best practices for farming that are identified in the list of approved conservation enhancements and practices under the conservation stewardship program of the U.S. department of agriculture; and
(5) are members of groups that are underrepresented in farming in Montana. (Terminates June 30, 2029--sec. 16, Ch. 439, L. 2019.)
History: En. Sec. 5, Ch. 439, L. 2019.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 10. Montana Equity Capital Investment Act (Repealed) › Part 1. General Provisions (Repealed) › 90-10-101. Repealed

90-10-101. Repealed.
Sec. 3, Ch. 309, L. 2009.
History: En. Sec. 1, Ch. 537, L. 2005.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 10. Montana Equity Capital Investment Act (Repealed) › Part 1. General Provisions (Repealed) › 90-10-102. Repealed

90-10-102. Repealed.
Sec. 3, Ch. 309, L. 2009.
History: En. Sec. 2, Ch. 537, L. 2005.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 10. Montana Equity Capital Investment Act (Repealed) › Part 1. General Provisions (Repealed) › 90-10-103. Repealed

90-10-103. Repealed.
Sec. 3, Ch. 309, L. 2009.
History: En. Sec. 3, Ch. 537, L. 2005.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 10. Montana Equity Capital Investment Act (Repealed) › Part 2. Capital Investment Board (Repealed) › 90-10-201. Repealed

90-10-201. Repealed.
Sec. 3, Ch. 309, L. 2009.
History: En. Sec. 4, Ch. 537, L. 2005.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 10. Montana Equity Capital Investment Act (Repealed) › Part 2. Capital Investment Board (Repealed) › 90-10-202. Repealed

90-10-202. Repealed.
Sec. 3, Ch. 309, L. 2009.
History: En. Sec. 5, Ch. 537, L. 2005.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 10. Montana Equity Capital Investment Act (Repealed) › Part 3. Tax Credits and Investments -- Reports and Audits (Repealed) › 90-10-301. Repealed

90-10-301. Repealed.
Sec. 3, Ch. 309, L. 2009.
History: En. Sec. 6, Ch. 537, L. 2005.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 10. Montana Equity Capital Investment Act (Repealed) › Part 3. Tax Credits and Investments -- Reports and Audits (Repealed) › 90-10-302. Repealed

90-10-302. Repealed.
Sec. 3, Ch. 309, L. 2009.
History: En. Sec. 7, Ch. 537, L. 2005.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 10. Montana Equity Capital Investment Act (Repealed) › Part 3. Tax Credits and Investments -- Reports and Audits (Repealed) › 90-10-303. Repealed

90-10-303. Repealed.
Sec. 3, Ch. 309, L. 2009.
History: En. Sec. 8, Ch. 537, L. 2005.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 10. Montana Equity Capital Investment Act (Repealed) › Part 3. Tax Credits and Investments -- Reports and Audits (Repealed) › 90-10-304. Repealed

90-10-304. Repealed.
Sec. 3, Ch. 309, L. 2009.
History: En. Sec. 9, Ch. 537, L. 2005.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 10. Montana Equity Capital Investment Act (Repealed) › Part 3. Tax Credits and Investments -- Reports and Audits (Repealed) › 90-10-305. Repealed

90-10-305. Repealed.
Sec. 3, Ch. 309, L. 2009.
History: En. Sec. 10, Ch. 537, L. 2005.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 10. Montana Equity Capital Investment Act (Repealed) › Part 3. Tax Credits and Investments -- Reports and Audits (Repealed) › 90-10-306. Repealed

90-10-306. Repealed.
Sec. 3, Ch. 309, L. 2009.
History: En. Sec. 11, Ch. 537, L. 2005.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 10. Montana Equity Capital Investment Act (Repealed) › Part 3. Tax Credits and Investments -- Reports and Audits (Repealed) › 90-10-307. Repealed

90-10-307. Repealed.
Sec. 3, Ch. 309, L. 2009.
History: En. Sec. 12, Ch. 537, L. 2005.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 10. Montana Equity Capital Investment Act (Repealed) › Part 3. Tax Credits and Investments -- Reports and Audits (Repealed) › 90-10-308. Repealed

90-10-308. Repealed.
Sec. 3, Ch. 309, L. 2009.
History: En. Sec. 13, Ch. 537, L. 2005.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 10. Montana Equity Capital Investment Act (Repealed) › Part 3. Tax Credits and Investments -- Reports and Audits (Repealed) › 90-10-309. Repealed

90-10-309. Repealed.
Sec. 3, Ch. 309, L. 2009.
History: En. Sec. 14, Ch. 537, L. 2005.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 10. Montana Equity Capital Investment Act (Repealed) › Part 3. Tax Credits and Investments -- Reports and Audits (Repealed) › 90-10-310. Repealed

90-10-310. Repealed.
Sec. 3, Ch. 309, L. 2009.
History: En. Sec. 15, Ch. 537, L. 2005.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 11. Indian Affairs Planning and Coordination › Part 1. State Director of Indian Affairs › 90-11-102. Duties and assistance

90-11-102. Duties and assistance.
(1) It is the duty of the state director of Indian affairs, established in 2-15-217, to carry out the legislative policy set forth in 90-11-101.
(2) The state director shall:
(a) meet at least quarterly with tribal governments and become acquainted with the problems confronting the Indians of Montana;
(b) meet with executive branch directors on issues arising between Montana's Indian citizens, tribes, and state agency personnel and programs;
(c) report to the governor's cabinet meeting concerning issues confronting Indian people and tribal governments;
(d) advise the legislative and executive branches of the state of Montana of those problems and issues;
(e) make recommendations for the alleviation of those problems and issues;
(f) serve the Montana delegation in the federal congress as an adviser and intermediary in the field of Indian affairs;
(g) act as a liaison for representative Indian organizations and groups, public and private, whenever the state director's support is solicited by tribal governmental entities;
(h) serve on the state-tribal economic development commission established in 90-1-131; and
(i) report in detail at every meeting of the state-tribal relations committee those actions taken by the state-tribal economic development commission established by 90-1-131 to carry out its duties.
(3) All executive and legislative agencies of state government may within the area of their expertise and authority provide assistance to tribal councils or their official designees requesting assistance on any matter relating to education, health, natural resources, and economic development on Indian reservation lands.
History: (1), (2)En. Sec. 3, Ch. 203, L. 1951; amd. Sec. 3, Ch. 319, L. 1969; amd. Sec. 3, Ch. 160, L. 1974; Sec. 82-2703, R.C.M. 1947; (3)En. Sec. 1, Ch. 221, L. 1973; Sec. 82-2705, R.C.M. 1947; R.C.M. 1947, 82-2703, 82-2705; MCA 1979, 2-15-1113; redes. 90-11-102 by Sec. 20, Ch. 274, L. 1981; amd. Sec. 14, Ch. 512, L. 1999; amd. Sec. 3, Ch. 69, L. 2001; amd. Sec. 2, Ch. 178, L. 2001; amd. Sec. 12, Ch. 164, L. 2009; amd. Sec. 137, Ch. 261, L. 2021; amd. Sec. 7, Ch. 594, L. 2023.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 14. Community Service › Part 1. Montana Community Service Act › 90-14-102. Definitions

90-14-102. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Commission" means the commission on community service appointed by the governor to assist in implementation of this part.
(2) "Community service" means any kind of public service that provides a benefit to the state of Montana, any of its political subdivisions, or a tribal government or that benefits disadvantaged or low-income persons, disabled persons, or senior citizens of Montana.
(3) "Director" means the person appointed by the governor as the community service director to administer and coordinate the provisions of this part.
(4) "Program" means the Montana community service program, which includes all of the volunteer projects established under this part.
(5) "Volunteer" means a person performing services under this part for an association, not-for-profit corporation, hospital, school, or state, local, or tribal governmental entity without compensation, except that partial or full reimbursement may be made for actual expenses incurred.
History: En. Sec. 2, Ch. 534, L. 1993; amd. Sec. 2, Ch. 150, L. 1999.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 14. Community Service › Part 1. Montana Community Service Act › 90-14-103. Office of community service

90-14-103. Office of community service.
(1) There is an office of community service, which is headed by a director and established in the office of the governor.
(2) The purpose of this office is to:
(a) renew the ethic of civic responsibility in the state;
(b) encourage the citizens of the state, regardless of age or income, to engage in full-time or part-time service to the state;
(c) call young people to serve in projects that will benefit the state and improve their life chances through the acquisition of literacy, job skills, and interpersonal skills;
(d) build on the existing organizational framework of state and local governmental entities to expand full-time and part-time service opportunities in a wide variety of programs for all citizens, particularly youth and older Montanans;
(e) involve participants in activities that would not otherwise be performed by employed workers; and
(f) establish programs to accomplish labor-intensive improvements to public or low-income properties or to provide services for the benefit of the state, its communities, and its people through service contracts that specify the work to be performed.
(3) The director must be appointed by the governor, after consultation with the commission. The director serves at the pleasure of the governor.
(4) The director shall, with the advice of the commission, assist the governor in the planning, coordination, operation, and evaluation of programs within state government or under grants, donations, bequests, or other resources received by and administered through state government for Montana community services.
(5) The director is responsible for the submission of applications for federal grants and for funding from any other sources for the creation or operation of volunteer projects. The director shall ensure accountability for all resources received.
(6) The director, together with the commission, shall integrate and develop state plans for all services provided under this part, including but not limited to the office of public instruction's service learning program, the Montana university system innovative projects, the department of military affairs' service involvement, and other community and volunteer service programs.
History: En. Sec. 3, Ch. 534, L. 1993; amd. Sec. 3, Ch. 150, L. 1999; amd. Sec. 1, Ch. 85, L. 2007.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 14. Community Service › Part 1. Montana Community Service Act › 90-14-104. Commission on community service

90-14-104. Commission on community service.
(1) The governor shall appoint a commission on community service composed of up to 15 members.
(2) Members must include a representative from a tribal government and from at least four state agencies in the following functional areas:
(a) natural resources;
(b) human services;
(c) labor;
(d) K-12 education;
(e) higher education; and
(f) military affairs.
(3) Members may include representatives from local government, not-for-profit agencies, federal agencies, business, labor unions, volunteer groups, and private citizens.
(4) To the extent possible, membership of the commission must be balanced according to race, ethnicity, age, gender, and disabilities.
(5) The commission shall assist in the development and coordination of state community service programs, integration of services, dissemination of information, recruitment of volunteers, recruitment and training of volunteer crewleaders, development of materials, and evaluation of and accountability for the services provided.
(6) Commission members are entitled to payment and reimbursement as provided in 2-15-122(5).
History: En. Sec. 4, Ch. 534, L. 1993; amd. Sec. 4, Ch. 150, L. 1999.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 14. Community Service › Part 1. Montana Community Service Act › 90-14-106. Prohibited activities

90-14-106. Prohibited activities.
(1) The office of community service and agencies listed in 90-14-105 that are designated by the governor and engaged in developing and approving work experience and volunteer projects shall ensure that:
(a) work available to participants is not available as the result of a labor dispute, strike, or lockout and will not be assigned to cause a layoff or downgrading of a position or to prevent the return to work of an available competent employee; and
(b) a work experience project:
(i) does not impair existing contracts for service or collective bargaining agreements; and
(ii) is not inconsistent with the terms of a collective bargaining agreement without written concurrence of the labor organization and employer concerned.
(2) It is unlawful for a person to demand from any public officer, agency, employee, volunteer, or volunteer crewleader an assessment or percentage of any money or profit or its equivalent in support, service, or any other thing of value, with the express or implied understanding that it will be used for political purposes. This part may not be construed to prohibit voluntary contributions to any political committee or organization for legitimate political purposes to the extent allowed by law.
History: En. Sec. 6, Ch. 534, L. 1993; amd. Sec. 6, Ch. 150, L. 1999.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 14. Community Service › Part 1. Montana Community Service Act › 90-14-107. Office of community service -- accounts

90-14-107. Office of community service -- accounts.
(1) There is an account in the state special revenue fund. The office of community service and all participating agencies shall deposit any fee, grant, donation, or reimbursement received under this part into the account to be used to pay expenses for administering and providing service projects.
(2) There is an account in the federal special revenue fund. The office of community service and all participating agencies shall deposit any federal revenue received under the National and Community Service Act of 1990, Public Law 101-610, as amended, and any other federal revenue received related to the purposes and implementation of the provisions of this part into the account to be used to pay expenses for administering and providing service projects.
(3) Reimbursement may be provided to state agencies for work on private property or for other public service. In the case of emergencies and natural disasters, projects may take place on properties not owned by a public agency without regard to private reimbursement.
(4) The office of community service may transfer funds to participating state agencies for approved community service projects, and lead agencies may transfer funds between each other for cooperative projects. Disbursement authority follows any transfers.
(5) Funds for additional personal services, operating costs, and equipment costs may be appropriated.
History: En. Sec. 7, Ch. 534, L. 1993.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 14. Community Service › Part 1. Montana Community Service Act › 90-14-108. Indemnification for Montana community service act

90-14-108. Indemnification for Montana community service act.
The provisions of 2-9-305 apply to community service volunteers for actions arising from the discharge of assigned community service functions or duties.
History: En. Sec. 8, Ch. 534, L. 1993; amd. Sec. 7, Ch. 150, L. 1999.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 14. Community Service › Part 1. Montana Community Service Act › 90-14-109. Coordination requirements -- coordination of programs

90-14-109. Coordination requirements -- coordination of programs.
The governor shall ensure that program activities under this part be coordinated with similar programs administered under federal acts and programs already established in this state in order to maximize coordination of programs and to prevent overlapping and duplication of services.
History: En. Sec. 11, Ch. 534, L. 1993.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 14. Community Service › Part 1. Montana Community Service Act › 90-14-110. Contracts and cooperative agreements authorized under part

90-14-110. Contracts and cooperative agreements authorized under part.
A contract or cooperative agreement may be authorized under this part for the purposes of an exemption from the Montana Procurement Act pursuant to 18-4-132(3)(k) only if:
(1) the contract implements a community service project consistent with the provisions of 90-14-105; and
(2) the contract does not involve an activity prohibited under 90-14-106.
History: En. Sec. 2, Ch. 431, L. 2019.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 15. Natural Resource Information System › Part 1. General › 90-15-101. Purpose

90-15-101. Purpose.
It is the purpose of this chapter to establish a planning framework for the development of a natural resource information system, to implement the system, and to establish an ongoing Montana natural heritage program.
History: En. Sec. 1, Ch. 650, L. 1983; amd. Sec. 2, Ch. 395, L. 1985.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 15. Natural Resource Information System › Part 1. General › 90-15-102. Definitions

90-15-102. Definitions.
As used in this chapter, the following definitions apply:
(1) "Library" means the state library provided for in 22-1-201.
(2) "Natural heritage program" means a program of information acquisition, storage, and retrieval for data relating to the flora, fauna, and biological community types of Montana.
(3) "Principal data source agencies" means any of the following state agencies: the department of natural resources and conservation; the department of fish, wildlife, and parks; the department of environmental quality; the department of agriculture; the department of transportation; the state historical society; and the Montana university system.
History: En. Sec. 2, Ch. 650, L. 1983; amd. Sec. 3, Ch. 395, L. 1985; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 498, Ch. 418, L. 1995; amd. Sec. 14, Ch. 110, L. 2023.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 15. Natural Resource Information System › Part 1. General › 90-15-103. Funding

90-15-103. Funding.
The library and each principal data source agency may apply for and may receive funding from private and public sources for the purposes of this chapter.
History: En. Sec. 9, Ch. 650, L. 1983; amd. Sec. 4, Ch. 395, L. 1985; amd. Sec. 14, Ch. 628, L. 1989.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 15. Natural Resource Information System › Part 2. Advisory Committee(Repealed) › 90-15-201. Repealed

90-15-201. Repealed.
Sec. 17, Ch. 110, L. 2023.
History: En. Sec. 3, Ch. 650, L. 1983; amd. Sec. 5, Ch. 395, L. 1985.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 15. Natural Resource Information System › Part 2. Advisory Committee(Repealed) › 90-15-202. Repealed

90-15-202. Repealed.
Sec. 17, Ch. 110, L. 2023.
History: En. Sec. 3, Ch. 650, L. 1983; amd. Sec. 6, Ch. 395, L. 1985.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 15. Natural Resource Information System › Part 2. Advisory Committee(Repealed) › 90-15-203. Repealed

90-15-203. Repealed.
Sec. 17, Ch. 110, L. 2023.
History: En. Sec. 3, Ch. 650, L. 1983.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 15. Natural Resource Information System › Part 3. Information System › 90-15-301. Establishment of information system

90-15-301. Establishment of information system.
(1) The library shall establish a planning framework for the implementation of a natural resource information system and shall begin implementation of the plan. This system is to be a comprehensive program for the acquisition, storage, and retrieval of existing data relating to the natural resources of Montana.
(2) The library shall give attention to the following factors and shall prepare any legislation necessary to implement the system:
(a) the categories and types of data to be collected for a natural resource information system;
(b) the format of data collection;
(c) existing sources of relevant data in the public sector;
(d) data acquisition, storage, and retrieval methodologies that are economical and efficient, that minimize or eliminate the duplication of databases, and that use computer networking;
(e) probable costs to agencies furnishing required data and probable costs of managing the data;
(f) probable benefits to be realized by the establishment of a natural resource information system;
(g) operation of the Montana natural heritage program; and
(h) other items of importance to the establishment of a natural resource information system.
(3) It is not intended that the system shall require fieldwork to produce data. The system is intended to facilitate the management of data collected by state agencies in the normal course of their operations.
History: En. Sec. 4, Ch. 650, L. 1983; amd. Sec. 7, Ch. 395, L. 1985; amd. Sec. 15, Ch. 110, L. 2023.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 15. Natural Resource Information System › Part 3. Information System › 90-15-302. Natural heritage program

90-15-302. Natural heritage program.
(1) There is a Montana natural heritage program to be operated by the library. In order to establish the program, the library may contract with an independent contractor or may employ necessary staff. In order to minimize costs, the library or other state agencies may make available state resources and facilities to an independent contractor as part of a contract for services.
(2) The Montana natural heritage program shall be designed to be compatible with similar programs in other states. This program is to be an initial step in the formulation of the comprehensive natural resource information system referred to in 90-15-301 and is to be considered a part of the system.
History: En. Sec. 5, Ch. 650, L. 1983; amd. Sec. 8, Ch. 395, L. 1985.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 15. Natural Resource Information System › Part 3. Information System › 90-15-303. Interagency cooperation

90-15-303. Interagency cooperation.
(1) State agencies shall cooperate with the library in the planning of the natural resource information system.
(2) Within the limits of available resources, state agencies shall provide data requested by the library for purposes of the natural resource information system and the Montana natural heritage program. If an agency does not possess requested data or is unable to locate requested data, the agency shall inform the library. It is not necessary for an agency to conduct fieldwork or literature searches to obtain requested data.
History: En. Sec. 6, Ch. 650, L. 1983; amd. Sec. 9, Ch. 395, L. 1985; amd. Sec. 4, Ch. 45, L. 1997; amd. Sec. 16, Ch. 110, L. 2023.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 15. Natural Resource Information System › Part 3. Information System › 90-15-304. Availability of information

90-15-304. Availability of information.
(1) Except as provided in subsection (3), the library shall make information from the natural resource information system available to local, state, and federal agencies and to the general public.
(2) The library may establish a fee system for information requests in order to cover the costs of providing requested information.
(3) If necessary, the library shall establish procedures to protect confidential information in the possession of state agencies.
History: En. Sec. 7, Ch. 650, L. 1983; amd. Sec. 10, Ch. 395, L. 1985.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 15. Natural Resource Information System › Part 3. Information System › 90-15-305. Water information system

90-15-305. Water information system.
(1) There is a Montana water information system, to be operated within the natural resource information system referred to in 90-15-301 and that is to be considered a part of the system.
(2) The Montana water information system shall make available and readily accessible, in a usable format, to state agencies and other interested persons, information on the state's water resources, out-of-state water resources that affect the state, existing and potential uses, and the existing and potential demand.
History: En. Sec. 3, Ch. 45, L. 1997.
2023 Nebraska Revised Statutes › Chapter 1 - Accountants › 1-105 - Act, how cited.

1-105.
Act, how cited.
Sections 1-105 to 1-171 shall be known and may be cited as the Public Accountancy Act.
Source
Laws 1957, c. 1, § 64, p. 78;
Laws 1991, LB 75, § 14;
Laws 1994, LB 957, § 7;
R.S.Supp.,1996, § 1-169;
Laws 1997, LB 114, § 1;
Laws 2009, LB31, § 1;
Laws 2015, LB159, § 1.
2023 Nebraska Revised Statutes › Chapter 1 - Accountants › 1-105.01 - Nebraska State Board of Public Accountancy; purpose.

1-105.01.
Nebraska State Board of Public Accountancy; purpose.
It is the purpose of the Nebraska State Board of Public Accountancy to protect the welfare of the citizens of the state by assuring the competency of persons regulated under the Public Accountancy Act through (1) administration of certified public accountant examinations, (2) issuance of certificates and permits to qualified persons and firms, (3) monitoring the requirements for continued issuance of certificates and permits, and (4) disciplining certificate and permit holders who fail to comply with the technical or ethical standards of the public accountancy profession.
Source
Laws 1984, LB 473, § 1;
Laws 1997, LB 114, § 2.
Annotations
The rules of the Nebraska State Board of Public Accountancy allow the board to both restrict advertising and require the use of a disclaimer by inactive registrants. Walsh v. State, 276 Neb. 1034, 759 N.W.2d 100 (2009).
The Nebraska State Board of Public Accountancy may use its rulemaking authority under section 1-112 to promulgate standards and procedures whereby the character and fitness of an applicant for initial certification may be considered by the board in determining whether the applicant is a qualified person under this section. Troshynski v. Nebraska State Bd. of Pub. Accountancy, 270 Neb. 347, 701 N.W.2d 379 (2005).
2023 Nebraska Revised Statutes › Chapter 1 - Accountants › 1-106 - Terms, defined.

1-106.
Terms, defined.
For purposes of the Public Accountancy Act, unless the context otherwise requires:
(1) Board means the Nebraska State Board of Public Accountancy;
(2) Certificate means a certificate issued under sections 1-114 to 1-124;
(3) Firm means a partnership, limited liability company, or corporation engaged in the practice of public accountancy in this state entitled to register with the board or a proprietorship engaged in the practice of public accountancy in this state;
(4) Partnership includes, but is not limited to, a limited liability partnership;
(5) Peer review means a review of one or more aspects of the professional work of a firm that either or both performs attest engagements or performs compilations by an active certified public accountant who is the holder of a permit issued under subdivision (1)(a) of section 1-136 or the equivalent issued by another state and who is not affiliated with the firm being reviewed;
(6) Permit means a permit to engage in the practice of public accountancy in this state issued under section 1-136;
(7) Practice privilege means the privilege of an accountant to practice public accountancy or hold himself or herself out as a certified public accountant in this state in accordance with section 1-125.01;
(8) State means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States; and
(9) Temporary practice privilege means the privilege of a foreign accountant to temporarily practice public accountancy in this state in accordance with section 1-125.02.
Source
Laws 1957, c. 1, § 1, p. 55;
Laws 1991, LB 75, § 1;
Laws 1997, LB 114, § 3;
Laws 2009, LB31, § 2;
Laws 2015, LB159, § 2.