reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 4. Budget Amendments › 17-7-403. Budget amendment certification

17-7-403. Budget amendment certification.
In approving a budget amendment, the approving authority shall make the following certifications and in addition shall provide all other information required below as an integral part of the certification:
(1) The approving authority shall certify that:
(a) specific additional services will be provided as a result of the expenditures to be permitted under this budget amendment and shall also list each specific service to be so provided;
(b) the specific services to be provided under this budget amendment are necessary;
(c) the agency requesting this budget amendment has no other reasonable alternative available to provide the additional services. The certification must specifically include determinations by the approving authority that the agency cannot provide all or specific parts or amounts of the additional services with existing appropriations or that the agency is unable within its existing appropriations to fund all or part of the additional services from any source lawfully available to it.
(d) the budget amendment makes no ascertainable present or future significant commitment for increased general fund support.
(2) For budget amendments to spend money in the state special revenue fund, except money from nonstate or nonfederal sources that is restricted by law or by the terms of an agreement, such as a contract, trust agreement, or donation, the approving authority shall certify that an emergency justifies the expenditure and shall state the specific nature of the emergency, the date on which the requesting agency became aware of the emergency, and the manner in which the requesting agency became aware of the emergency.
History: En. Sec. 3, Ch. 536, L. 1983; amd. Sec. 4, Ch. 433, L. 1993.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 4. Budget Amendments › 17-7-404. Budget amendment procedures

17-7-404. Budget amendment procedures.
(1) Upon receiving a proposed budget amendment, the approving authority shall immediately forward a copy of the entire budget amendment to the legislative fiscal analyst.
(2) If the approving authority denies the request for a budget amendment, the approving authority shall immediately forward a notice of denial to the legislative fiscal analyst.
(3) If the approving authority intends to make certification of the budget amendment, immediately upon completion of the certification the approving authority shall forward the certification and all supporting documentation to the legislative fiscal analyst. If the approving authority has returned the budget amendment to the requesting agency and the requesting agency resubmits the budget amendment to the approving authority, all procedures set out in this section apply to the resubmitted budget amendment.
(4) This part does not confer any authority on the legislative finance committee to approve or deny budget amendments.
History: En. Sec. 4, Ch. 536, L. 1983; amd. Sec. 1, Ch. 457, L. 1985; amd. Sec. 59, Ch. 545, L. 1995.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 4. Budget Amendments › 17-7-405. Voidness of improperly certified budget amendments

17-7-405. Voidness of improperly certified budget amendments.
Any budget amendment that is not certified by the approving authority according to the standards and procedures set out in this part may be declared void in its entirety by a court of competent jurisdiction on complaint of the attorney general, the legislature, or the legislative finance committee. No funds may be expended under an improperly certified budget amendment.
History: En. Sec. 5, Ch. 536, L. 1983.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 5. Statutory Appropriations › 17-7-501. Appropriations -- type

17-7-501. Appropriations -- type.
There are three types of appropriations within the meaning of "appropriation made by law" as used in Article VIII, section 14, of the Montana constitution:
(1) temporary appropriations enacted by the legislature as part of designated appropriation bills or sections designated as appropriations in other bills;
(2) temporary appropriations made by valid budget amendment; and
(3) statutory appropriations made by permanent law in conformance with 17-7-502.
History: En. Sec. 1, Ch. 703, L. 1985.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 1. Limits on Disbursements and Expenditures › 17-8-102. Expenditure procedures -- quarterly allotment system

17-8-102. Expenditure procedures -- quarterly allotment system.
(1) The department may establish procedures necessary to ensure that expenditures are made and accounted for in accordance with the budget plan authorized by the legislature in the enactment of the appropriations, including but not limited to procedures to accrue expenses incurred in one fiscal period and paid in a subsequent fiscal period and procedures for the issuance of purchase orders or contracts to be paid from succeeding year appropriations that will become available within 3 months from the date of the issuance of the purchase order or contract.
(2) The budget director may, when authorized by the governor, require a quarterly allotment system of expenditure for any office, institution, or agency. The amount of the respective appropriation made by the legislature shall then, except with respect to items of capital outlay and repairs and replacement through the long-range building program, be made available to the office, institution, or agency in quarterly allotments. However, the quarterly allotment shall be based on the requirements of that office, institution, or agency during that quarter based on previous experience of that office, institution, or agency and not on a prorated quarterly basis.
History: En. Sec. 4, Ch. 194, L. 1951; amd. Sec. 1, Ch. 101, L. 1953; amd. Sec. 8, Ch. 158, L. 1959; amd. Sec. 3, Ch. 267, L. 1971; amd. Sec. 45, Ch. 326, L. 1974; R.C.M. 1947, 82-109(3), (4); (2)En. Sec. 1, Ch. 118, L. 1979; amd. Sec. 2, Ch. 118, L. 1979.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 1. Limits on Disbursements and Expenditures › 17-8-103. Expenditures in excess of appropriation unlawful -- conditions in appropriation acts

17-8-103. Expenditures in excess of appropriation unlawful -- conditions in appropriation acts.
(1) It shall be unlawful for the board of trustees, executive board, managerial staff, president, deans and faculty, or any other authority of any state institution maintained in whole or in part by the state or any officer, department, board, commission, or bureau, having charge of the disbursement or expenditure of the income provided by legislative appropriation or otherwise, to expend, contract for the expenditure, or to incur or permit the incurring of any obligation whatsoever, in any one year, in excess of the legislative appropriation, including any approved, authorized, and valid budget amendment, provided for such year or for any supervisory board or authority either directly or indirectly to authorize, direct, or order any such institution, officer, department, board, commission, or bureau to increase any expenditures, except as specifically provided by law. It shall be and is hereby made the duty of any and all of such institutions, officers, departments, boards, commissions, and bureaus to keep such expenditures, obligations, and liabilities within the amount of such legislative appropriation, which includes an approved, authorized, and valid budget amendment.
(2) A condition or limitation contained in an appropriation act shall govern the administration and expenditure of the appropriation until the appropriation has been expended for the purpose set forth in the act or until such condition or limitation is changed by a subsequent appropriation act. In no event does a condition or limitation contained in an appropriation act amend any other statute.
History: En. Sec. 1, Ch. 40, L. 1937; amd. Sec. 2, Ch. 82, L. 1961; amd. Sec. 11, Ch. 343, L. 1977; R.C.M. 1947, 79-901; amd. Sec. 1, Ch. 618, L. 1979; amd. Sec. 8, Ch. 536, L. 1983; (2)En. Sec. 1, Ch. 693, L. 1983.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 1. Limits on Disbursements and Expenditures › 17-8-104. Civil penalties and remedies for violation

17-8-104. Civil penalties and remedies for violation.
(1) (a) Any authority or member of a board of trustees or any person, officer, or employee violating the provisions of 17-8-103(1) is personally liable and the surety or sureties on that individual's bond is also liable to the state for the amount of the excess unlawfully expended. An action under this subsection (1)(a) may be brought upon complaint of the attorney general, of the legislature by joint resolution, of the legislative finance committee, or of any taxpayer, filed in a district court of this state.
(b) Any authority or member of a board of trustees or any person, officer, or employee violating the provisions of 17-8-103(1) is guilty of misfeasance in office and guilty of wrongdoing and is subject to removal from office or from employment. An action under this subsection (1)(b) may be brought upon complaint of the attorney general, the legislature by joint resolution, or any taxpayer, filed in a district court of this state.
(2) Complaints under subsections (1)(a) and (1)(b) may be combined in a single action.
(3) Remedies and penalties provided by this section may be pursued singly or in any combination.
History: En. Sec. 4, Ch. 40, L. 1937; amd. Sec. 3, Ch. 82, L. 1961; R.C.M. 1947, 79-904; amd. Sec. 2, Ch. 618, L. 1979; amd. Sec. 9, Ch. 536, L. 1983; amd. Sec. 220, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 1. Limits on Disbursements and Expenditures › 17-8-105. Definitions applicable to expenditure limitation

17-8-105. Definitions applicable to expenditure limitation.
As used in 17-8-106, the following definitions apply:
(1) "Montana total personal income" means the current income from all sources received during a particular period of time by persons residing within Montana as determined by the United States department of commerce or its successor agency.
(2) "State expenditures" means the general fund appropriations, the special revenue fund type appropriations, and the cash portion of the appropriations in the capital projects fund type, excluding:
(a) money received from the federal government;
(b) payments of principal and interest on bonded indebtedness;
(c) money paid for unemployment or disability insurance benefits;
(d) money received from the sale of goods or services provided that the purchase of the goods or services is discretionary;
(e) money paid from permanent endowments, constitutional trusts, or pension funds;
(f) proceeds of gifts or bequests made for purposes specified by the donor;
(g) money appropriated for tax relief; and
(h) funds transferred within state government or used to purchase goods for resale.
History: En. Sec. 1, Ch. 514, L. 1981; amd. Sec. 14, Ch. 281, L. 1983.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 1. Limits on Disbursements and Expenditures › 17-8-106. Expenditure limitation -- exception

17-8-106. Expenditure limitation -- exception.
(1) Except as provided in subsection (2), the state expenditures for a biennium may not exceed the state expenditures for the preceding biennium plus the product of the state expenditures for the preceding biennium and the growth percentage. The growth percentage is the percentage difference between the average Montana total personal income for the 3 calendar years immediately preceding the next biennium and the average Montana total personal income for the 3 calendar years immediately preceding the current biennium.
(2) The legislature may appropriate funds in excess of this limit from the reserve account if:
(a) the governor declares that an emergency exists; and
(b) two-thirds of the members of each house approve a bill stating the amount to be spent in excess of the expenditures limitation established in subsection (1), the source of the excess revenue to be spent, and an intention to exceed the limitation.
(3) Expenditures may exceed the expenditures limitation only for the year or years for which an emergency has been declared.
(4) The legislature is not required to appropriate the full amount allowed in any year under subsection (1).
History: En. Sec. 2, Ch. 514, L. 1981.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 1. Limits on Disbursements and Expenditures › 17-8-107. Limitations on spending deferred inflows of resources -- exception -- definition

17-8-107. Limitations on spending deferred inflows of resources -- exception -- definition.
(1) Except as provided in subsection (2), no agency, including any unit of the university system, may expend deferred inflows of resources for current fiscal year operations.
(2) The Montana historical society is exempt from the provisions of subsection (1) to the extent that the expenditure of deferred inflows of resources received from magazine subscription fees is necessary to finance current fiscal year operations for the publication of its magazine of western history.
(3) For purposes of this section, "deferred inflows of resources" means funds received in 1 fiscal year but properly allocable and recorded as revenue in the subsequent fiscal year.
History: En. Sec. 1, Ch. 573, L. 1983; amd. Sec. 1, Ch. 52, L. 1987; amd. Sec. 1, Ch. 7, L. 2015.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 1. Limits on Disbursements and Expenditures › 17-8-108. Prohibited uses of public funds

17-8-108. Prohibited uses of public funds.
Public funds or money may not be expended for an abortion. The limitations contained in this section do not apply to an abortion:
(1) if the pregnancy is the result of an act of rape or incest; or
(2) in the case in which a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed.
History: En. Sec. 1, Ch. 491, L. 2023.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 2. Claims › 17-8-201. Authorizations for disbursements -- submission of claim to department of administration

17-8-201. Authorizations for disbursements -- submission of claim to department of administration.
(1) All authorizations for disbursements must be given by the agency concerned, and a record must be kept by the agency of all the authorizations and expenditures. Claims for any disbursement must be submitted to the department of administration.
(2) The department may prescribe the claim form and may establish, in writing, rules governing the preparation, submittal, and processing of claims. All claims must be processed in the order of their presentation, and the department shall notify the agency of any disapproved claim.
History: (1)En. Sec. 1, Ch. 97, L. 1961; amd. Sec. 46, Ch. 326, L. 1974; 82-109.1, R.C.M. 1947; (2)En. Sec. 3, Ch. 97, L. 1961; amd. Sec. 48, Ch. 326, L. 1974; Sec. 82-109.3, R.C.M. 1947; R.C.M. 1947, 82-109.1, 82-109.3; amd. Sec. 1, Ch. 87, L. 1989; amd. Sec. 9, Ch. 48, L. 1997.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 2. Claims › 17-8-202. Preaudit and transmittal of claims

17-8-202. Preaudit and transmittal of claims.
(1) The department of administration is not required to preaudit a liquidated claim against the state. However, the department may preaudit those claims it considers necessary. The agency shall retain the original of all documents that support claims sent to the department. These documents are subject to postaudit by the legislative auditor.
(2) An office or entity of the executive, legislative, or judicial branch of state government may not make any charge against any appropriation unless the balance of the appropriation is available and adequate. If an appropriation is not available for the payment of a claim, the agency shall transmit the claim to the governor for presentation to the legislature.
History: En. Sec. 2, Ch. 97, L. 1961; amd. Sec. 29, Ch. 271, L. 1963; amd. Sec. 1, Ch. 91, L. 1969; amd. Sec. 47, Ch. 326, L. 1974; R.C.M. 1947, 82-109.2; amd. Sec. 1, Ch. 498, L. 1979; amd. Sec. 1, Ch. 88, L. 1985; amd. Sec. 2, Ch. 87, L. 1989; amd. Sec. 1, Ch. 353, L. 1989; amd. Sec. 10, Ch. 48, L. 1997.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 2. Claims › 17-8-203. Minimum refunds

17-8-203. Minimum refunds.
When not specifically provided by law, the department may establish a minimum amount which shall be paid on a refund due from the various agencies of the state, and no refund amounting to less than the established minimum shall be paid except upon the specific written request of the person entitled to receive the refund.
History: En. Sec. 6, Ch. 194, L. 1951; amd. Sec. 9, Ch. 158, L. 1959; amd. Sec. 18, Ch. 249, L. 1967; amd. Sec. 4, Ch. 268, L. 1971; amd. Sec. 50, Ch. 326, L. 1974; R.C.M. 1947, 82-110(4).
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 2. Claims › 17-8-211. Notice required for assignment of claims against state

17-8-211. Notice required for assignment of claims against state.
(1) All transfers and assignments made of any claim against the state, or any part of or interest on the claim, except as provided in this section, are void and unenforceable against the state unless the assignee files written notice of the assignment on forms that may be required by the department of administration, together with a true copy of the instrument of assignment.
(2) The department may promulgate rules regarding the form of assignment, the procedures for filing assignments, and the submission of claims covering assigned funds.
(3) Unless otherwise expressly permitted by the department, no more than one assignment of a claim is effective at one time, and an assignment may not be made to more than one party, except that an assignment may be made to one party as agent or trustee for two or more parties. An assignment may not be subject to further assignment.
History: En. Secs. 1 thru 3, Ch. 44, L. 1967; R.C.M. 1947, 83-901, 83-902, 83-903; amd. Sec. 20, Ch. 325, L. 1995.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 2. Claims › 17-8-212. Effect of assignment

17-8-212. Effect of assignment.
Nothing contained herein shall in any way impair the negotiability of state warrants or preclude employees of the state from authorizing deductions from salaries for employees group insurance programs authorized by law, union dues, or purchase of U.S. government savings bonds.
History: En. Sec. 4, Ch. 44, L. 1967; R.C.M. 1947, 83-904.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 2. Claims › 17-8-221. Repealed

17-8-221. Repealed.
Sec. 2, Ch. 88, L. 1985.
History: (1)En. Sec. 236, Rev. C. 1907; re-en. Sec. 242, R.C.M. 1921; re-en. Sec. 242, R.C.M. 1935; Sec. 82-1113, R.C.M. 1947; (2)En. Sec. 232 to 253 were enacted as Sections 1 to 21, pp. 183 to 187, L. 1891; re-en. Secs. 680 to 701, Pol. C. 1895; appearing as Secs. 226 to 247, Rev. C. 1907; re-en. Sec. 232, R.C.M. 1921; Cal. Pol. C. Secs. 654-685; re-en. Sec. 232, R.C.M. 1935; amd. Sec. 7, Ch. 97, L. 1961; Sec. 82-1101, R.C.M. 1947; R.C.M. 1947, 82-1101(part), 82-1113.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 2. Claims › 17-8-222. Repealed

17-8-222. Repealed.
Sec. 2, Ch. 88, L. 1985.
History: (1)En. Sec. 228, Rev. C. 1907; re-en. Sec. 234, R.C.M. 1921; re-en. Sec. 234, R.C.M. 1935; amd. Sec. 8, Ch. 97, L. 1961; amd. Sec. 53, Ch. 326, L. 1974; Sec. 82-1105, R.C.M. 1947; (2)En. Sec. 230, Rev. C. 1907; re-en. Sec. 236, R.C.M. 1921; re-en. Sec. 236, R.C.M. 1935; Sec. 82-1107, R.C.M. 1947; (3)En. Sec. 231, Rev. C. 1907; re-en. Sec. 237, R.C.M. 1921; re-en. Sec. 237, R.C.M. 1935; Sec. 82-1108, R.C.M. 1947; R.C.M. 1947, 82-1105, 82-1107, 82-1108.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 2. Claims › 17-8-223. Repealed

17-8-223. Repealed.
Sec. 2, Ch. 88, L. 1985.
History: En. Sec. 237, Rev. C. 1907; re-en. Sec. 243, R.C.M. 1921; re-en. Sec. 243, R.C.M. 1935; R.C.M. 1947, 82-1114.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 2. Claims › 17-8-224. Repealed

17-8-224. Repealed.
Sec. 2, Ch. 88, L. 1985.
History: (1)En. Sec. 238, Rev. C. 1907; re-en. Sec. 244, R.C.M. 1921; re-en. Sec. 244, R.C.M. 1935; Sec. 82-1115, R.C.M. 1947; (2)En. Sec. 239, Rev. C. 1907; re-en. Sec. 245, R.C.M. 1921; re-en. Sec. 245, R.C.M. 1935; Sec. 82-1116, R.C.M. 1947; R.C.M. 1947, 82-1115, 82-1116.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 2. Claims › 17-8-225. Repealed

17-8-225. Repealed.
Sec. 2, Ch. 88, L. 1985.
History: (1)En. Sec. 241, Rev. C. 1907; re-en. Sec. 247, R.C.M. 1921; re-en. Sec. 247, R.C.M. 1935; R.C.M. Sec. 82-1118, R.C.M. 1947; (2)En. Sec. 240, Rev. C. 1907; re-en. Sec. 246, R.C.M. 1921; re-en. Sec. 246, R.C.M. 1935; amd. Sec. 10, Ch. 61, L. 1977; Sec. 82-1117, R.C.M. 1947; R.C.M. 1947, 82-1117, 82-1118.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 2. Claims › 17-8-226. Repealed

17-8-226. Repealed.
Sec. 2, Ch. 88, L. 1985.
History: En. Sec. 242, Rev. C. 1907; re-en. Sec. 248, R.C.M. 1921; re-en. Sec. 248, R.C.M. 1935; R.C.M. 1947, 82-1119.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 2. Claims › 17-8-241. Definitions relating to interest assessment

17-8-241. Definitions relating to interest assessment.
As used in 17-8-242 through 17-8-244, the following definitions apply:
(1) "Services" means the furnishing of labor, time, or effort, including construction services, purchased or contracted for by the state or any agency thereof.
(2) "Supplies" means all personal property purchased, leased, or contracted for by the state or any agency thereof, including leases of equipment. The term also includes leases of buildings or other real property by the state or any agency thereof.
History: En. Sec. 1, Ch. 484, L. 1983.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 2. Claims › 17-8-242. Interest assessed on amounts due

17-8-242. Interest assessed on amounts due.
(1) Except as provided in 17-8-244, a state agency shall pay simple interest at the rate of 0.05% each day on amounts due for supplies and services received if the agency fails to make timely payment.
(2) For purposes of this section, payment is timely if a warrant is mailed or is otherwise made available to the payee when due and for the amount specified in the applicable contract or agreement. If no date is specified in the applicable contract or agreement, payment is timely if paid within 30 days after receipt of a properly completed invoice, addressed to the payer agency, or receipt of the supplies or services by the agency, whichever is later.
History: En. Sec. 2, Ch. 484, L. 1983.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 2. Claims › 17-8-243. Source for payment of interest

17-8-243. Source for payment of interest.
Any interest owing under 17-8-242 must be paid from funds designated for administrative costs of the agency receiving the supplies and services unless the delay was caused by a different agency, and then the interest must be paid from the administrative costs of that agency.
History: En. Sec. 4, Ch. 484, L. 1983.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 2. Claims › 17-8-244. Exemptions

17-8-244. Exemptions.
Section 17-8-242 does not apply to the following:
(1) interagency or intergovernmental transactions;
(2) claims subject to a good faith dispute brought before a government agency or before a court. Interest in a proceeding subject to this subsection is governed by 18-1-404.
(3) delinquencies because of natural disasters, disruptions in postal or delivery service, work stoppage because of labor disputes, power failures, or any other cause resulting from circumstances clearly beyond the control of the payer agency;
(4) wages due and payable to state employees or payments from any state retirement system created pursuant to Title 19; or
(5) claims submitted to the state or to its fiscal intermediary by providers of supplies or services under the Montana medicaid or workers' compensation program if reasonable cause for nonpayment exists.
History: En. Sec. 3, Ch. 484, L. 1983; amd. Sec. 39, Ch. 530, L. 1995; amd. Sec. 7, Ch. 181, L. 2001.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 3. Warrants › 17-8-301. State money -- how expended by treasurer

17-8-301. State money -- how expended by treasurer.
(1) Except as provided in this section, money received by the state treasurer may not be paid out except upon a state warrant issued by the treasurer or on electronic funds transfer authorized by the state treasurer. The state treasurer may not issue a warrant or authorize an electronic funds transfer upon the state treasury except upon a claim approved by the department of administration in accordance with the laws governing the expenditure of state money. However, interest and principal on the public debt may be paid by treasurer's check from the money pledged for payment, and the provisions of this section do not apply to warrants issued upon contingent revolving accounts that are in the custody of the state treasurer.
(2) As used in 2-18-405 and this section, "electronic funds transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape and that orders, instructs, or authorizes the state treasurer to debit or credit an account.
History: En. Sec. 2, Ch. 112, L. 1921; re-en. Sec. 193, R.C.M. 1921; re-en. Sec. 193, R.C.M. 1935; amd. Sec. 6, Ch. 97, L. 1961; amd. Sec. 2, Ch. 152, L. 1971; amd. Sec. 98, Ch. 326, L. 1974; R.C.M. 1947, 79-202; amd. Sec. 3, Ch. 101, L. 1989; (2) En. Sec. 1, Ch. 101, L. 1989; amd. Sec. 21, Ch. 325, L. 1995.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 3. Warrants › 17-8-302. Order in which warrants are drawn

17-8-302. Order in which warrants are drawn.
All warrants for claims which have been audited by the department of administration and filed in the treasurer's office must be drawn in the order in which they are transmitted by the department of administration.
History: En. Sec. 423, Pol. C. 1895; re-en. Sec. 173, Rev. C. 1907; re-en. Sec. 154, R.C.M. 1921; Cal. Pol. C. Sec. 436; re-en. Sec. 154, R.C.M. 1935; amd. Sec. 5, Ch. 97, L. 1961; R.C.M. 1947, 79-104.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 3. Warrants › 17-8-303. Warrants -- presentation and cancellation

17-8-303. Warrants -- presentation and cancellation.
(1) State warrants must be presented for payment within the time limits specified as follows:
(a) Except as provided in subsection (1)(b), all warrants drawn by the state treasurer on the state treasury must be presented for payment within 6 months after the date of issue.
(b) Warrants issued for the department of public health and human services that are funded to any extent with federal money must be presented for payment within 180 days after the date of issue.
(2) If the payee or legal holder of any warrant fails to present it for payment within the time specified in subsection (1), the state treasurer shall record the warrant as stale-dated and the amount must be credited to a separate private purpose trust fund account administered by the treasurer. If the payee or legal owner of a stale-dated warrant presents it for payment or presents a claim for payment within 1 year from the date of issue, the state treasurer may, upon proper showing by affidavit, issue a new warrant in lieu of the stale-dated warrant.
(3) Six months after being stale-dated, the warrant must be classed as unclaimed property subject to the provisions of Title 70, chapter 9, part 8. If the payee or legal owner of a stale-dated warrant presents it for payment or presents a claim for payment, the presentation must be to the department of revenue as provided in 70-9-815.
History: En. Sec. 1, Ch. 80, L. 1907; re-en. Sec. 178, Rev. C. 1907; re-en. Sec. 158, R.C.M. 1921; re-en. Sec. 158, R.C.M. 1935; amd. Sec. 3, Ch. 94, L. 1969; amd. Sec. 1, Ch. 276, L. 1977; R.C.M. 1947, 79-108; amd. Sec. 1, Ch. 84, L. 1987; amd. Sec. 4, Ch. 101, L. 1989; amd. Sec. 1, Ch. 5, L. 1995; amd. Sec. 22, Ch. 325, L. 1995; amd. Sec. 60, Ch. 546, L. 1995; amd. Sec. 30, Ch. 124, L. 1997; amd. Sec. 12, Ch. 34, L. 2001; amd. Sec. 2, Ch. 46, L. 2007; amd. Sec. 1, Ch. 82, L. 2011.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 3. Warrants › 17-8-304. Payment and registry

17-8-304. Payment and registry.
(1) The state treasurer shall, on the presentation of state warrants regularly issued, pay the warrants out of any funds available for the payments, and in the event that there are no funds available for the payment, the treasurer shall register each warrant in a book or register to be kept for that purpose, entering the date of issue, date of registration, name in whose favor the warrant is drawn, and the number and amount of the warrant and endorse on each warrant registered, on its face, "presented for payment and not paid for want of funds and registered in this office this .... day of ....", inserting the date of registration. The treasurer shall sign the book or register. All warrants must be redeemed and paid in the order of their registration.
(2) This section does not apply to any warrants issued on account of any land grant fund or by virtue of any special act authorizing the issuance of warrants.
History: (1)En. Sec. 1, p. 98, L. 1899; re-en. Sec. 181, Rev. C. 1907; amd. Sec. 1, Ch. 260, L. 1921; amd. Sec. 1, Ch. 6, Ex. L. 1921; re-en. Sec. 180, R.C.M. 1921; amd. Sec. 1, Ch. 159, L. 1923; amd. Sec. 1, Ch. 111, L. 1925; amd. Sec. 1, Ch. 2, L. 1927; re-en. Sec. 180, R.C.M. 1935; amd. Sec. 5, Ch. 61, L. 1977; 79-208, R.C.M. 1947; (2)En. Sec. 2, P. 99, L. 1899; re-en. Sec. 182, Rev. C. 1907; re-en. Sec. 181, R.C.M. 1921; re-en. Sec. 181, R.C.M. 1935; 79-209 R.C.M. 1947; R.C.M. 1947, 79-208, 79-209; amd. Sec. 2, Ch. 40, L. 1995.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 3. Warrants › 17-8-305. Cost accounting for warrant

17-8-305. Cost accounting for warrant.
The state treasurer may establish a cost accounting system to determine the unit cost of issuing and processing warrants and provide for a system of charges for services rendered in issuing and processing warrants for claims submitted by any department or agency of the state. Funds collected for operation of the state warrant system must be deposited to the credit of an internal service fund and expended for the purposes of paying the processing expenses incurred as a result of the state warrant system.
History: En. Sec. 420, Pol. C. 1895; re-en. Sec. 170, Rev. C. 1907; re-en. Sec. 151, R.C.M. 1921; Cal. Pol. C. Sec. 433; re-en. Sec. 151, R.C.M. 1935; amd. Sec. 1, Ch. 94, L. 1969; amd. Sec. 98, Ch. 326, L. 1974; R.C.M. 1947, 79-101(17); amd. Sec. 3, Ch. 277, L. 1983; amd. Sec. 23, Ch. 325, L. 1995; amd. Sec. 1, Ch. 473, L. 1995.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 3. Warrants › 17-8-306. Issuance of replacement warrant

17-8-306. Issuance of replacement warrant.
(1) The state treasurer may issue a replacement warrant whenever any warrant drawn by the state is lost or destroyed. This replacement warrant must be in the same form as the original.
(2) Whenever a replacement warrant is issued, the state treasurer shall place a stop-payment order on the original warrant.
(3) Whenever the owner or custodian applies for the issuance of a replacement warrant, the application must include an agreement to indemnify and hold harmless the state and its officers and employees from any loss resulting from the issuance of a replacement warrant.
(4) Any loss incurred in connection with the issuance of a replacement warrant must be charged against the account from which the payment was derived.
History: En. Sec. 1, Ch. 19, L. 1909; re-en. Sec. 159, R.C.M. 1921; re-en. Sec. 159, R.C.M. 1935; amd. Sec. 4, Ch. 94, L. 1969; amd. Sec. 1, Ch. 318, L. 1977; R.C.M. 1947, 79-109; amd. Sec. 1, Ch. 181, L. 1985; amd. Sec. 1, Ch. 50, L. 1987; amd. Sec. 1, Ch. 118, L. 1991; amd. Sec. 1, Ch. 5, Sp. L. November 1993; amd. Sec. 24, Ch. 325, L. 1995; amd. Sec. 11, Ch. 48, L. 1997; amd. Sec. 3, Ch. 243, L. 1997; amd. Sec. 3, Ch. 46, L. 2007.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 3. Warrants › 17-8-307. Repealed

17-8-307. Repealed.
Sec. 13, Ch. 48, L. 1997.
History: En. Sec. 244, Rev. C. 1907; re-en. Sec. 250, R.C.M. 1921; re-en. Sec. 250, R.C.M. 1935; R.C.M. 1947, 82-1121; amd. Sec. 25, Ch. 325, L. 1995.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 3. Warrants › 17-8-308. Payment of interest -- land grant warrants

17-8-308. Payment of interest -- land grant warrants.
The interest on all land grant warrants is payable on July 1 following the date of issue and annually after that date. Whenever there is sufficient money in any of the land grant funds to pay outstanding warrants or interest on the warrants, the treasurer shall cause to be published a brief notice that the warrants or the interest on particular warrants on which interest would be payable on July 1, describing them by numbers and names of funds, will be payable. Upon the presentation of any warrants on or at any time after July 1, the treasurer shall pay the interest on the warrants, endorsing the date of payment and amount paid of each warrant, and returning the warrant to the holder. The treasurer shall keep a register showing the dates and amounts of each interest payment on each warrant in each fund. If any warrants are called for payment, interest on the warrants ceases on the date fixed in the notice.
History: En. Sec. 3512, Pol. C. 1895; re-en. Sec. 2204, Rev. C. 1907; amd. Sec. 92, Ch. 147, L. 1909; re-en. Sec. 1917, R.C.M. 1921; re-en. Sec. 1917, R.C.M. 1935; R.C.M. 1947, 79-1501; amd. Sec. 221, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 3. Warrants › 17-8-311. Payments to local government entities -- notice

17-8-311. Payments to local government entities -- notice.
(1) For the purposes of this section, the following definitions apply:
(a) "Finance officer" means the county treasurer, city treasurer, town clerk, or the equivalent provided for in Title 7, chapter 3.
(b) "Local government entity" means a public entity that, whether or not governed by the legislative body of the local government, is required by law to conduct financial affairs through the finance officer of a city, town, or county. The term does not include a school district or a conservation district.
(2) (a) All payments made by a state agency or the state treasurer to any city, town, county, or local government entity must be payable to the finance officer of the appropriate city, town, or county.
(b) Any payment referred to in subsection (2)(a) may be made by electronic funds transfer at the discretion of the state agency or state treasurer if the entity receiving the payment has the technology to receive payment by electronic funds transfer.
(c) If the payment is to be deposited to the credit of a local government entity, the finance officer shall mail a notice of receipt of the payment to the local government entity. When applicable, the finance officer shall deposit the payment in the appropriate fund or account to the credit of the local government entity.
(3) If the state agency or the state treasurer is unable to determine if the payee is a government entity, the state agency or state treasurer shall process the claim as if it was not payable to a government entity. The state agency or state treasurer shall also mail a notice of issuance of the payment to the finance officer of the county and city to which the payment was issued.
(4) If a finance officer of a county receives a payment under subsection (2) or a notice of issuance under subsection (3), the finance officer shall notify the county clerk and recorder that the payment or notice has been received.
History: En. Sec. 1, Ch. 320, L. 1989; amd. Sec. 3, Ch. 432, L. 2005.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 3. Warrants › 17-8-312. Charges for services or supplies among agencies -- valid claim

17-8-312. Charges for services or supplies among agencies -- valid claim.
(1) Subject to 17-8-242, charges for services and supplies incurred between state agencies are considered a debt that must be paid by the receiving agency as if the amount were owed to a vendor outside of state government.
(2) Agencies shall use all funds at their disposal to pay the bills for specific charges for services or supplies provided by another state agency.
History: En. Sec. 11, Ch. 569, L. 2001.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 4. False Claims › 17-8-402. Definitions

17-8-402. Definitions.
As used in this part, the following definitions apply:
(1) "Claim" includes any request or demand for money, property, or services, whether made pursuant to a contract and regardless of whether a governmental entity holds title to the money or property, that is made to:
(a) an employee, officer, agent, or other representative of a governmental entity; or
(b) a contractor, grantee, or other person, whether under contract or not, if any portion of the money, property, or services requested or demanded is to be spent or used on a governmental entity's behalf or to advance a governmental program or interest and if the governmental entity:
(i) provides or has provided any portion of the money, property, or services requested or demanded; or
(ii) will reimburse a contractor, grantee, or other person for any portion of the money, property, or services requested or demanded.
(2) "Government attorney" means the attorney general except for complaints involving a unit of the university system.
(3) "Governmental entity" means:
(a) the state;
(b) a city, town, county, school district, tax or assessment district, or other political subdivision of the state; or
(c) a unit of the Montana university system.
(4) (a) "Knowingly" means that a person, with respect to information, does any of the following:
(i) has actual knowledge of the information;
(ii) acts in deliberate ignorance of the truth or falsity of the information; or
(iii) acts in reckless disregard of the truth or falsity of the information.
(b) A specific intent to defraud is not required.
(5) "Material" means having a natural tendency to influence or be capable of influencing the payment or receipt of money, property, or services.
(6) "Obligation" means an established duty, whether fixed or not, arising from:
(a) an express or implied contractual, grantor-grantee, or licensor-licensee relationship;
(b) a fee-based or similar relationship;
(c) a statute or regulation; or
(d) the retention of any overpayment.
(7) "Person" includes any natural person, corporation, firm, association, organization, partnership, limited liability company, business, trust, or other legal or business entity.
(8) "State" means the state of Montana.
History: En. Sec. 2, Ch. 465, L. 2005; amd. Sec. 1, Ch. 64, L. 2009; amd. Sec. 1, Ch. 388, L. 2013.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 4. False Claims › 17-8-404. Limitation of actions

17-8-404. Limitation of actions.
(1) A complaint or civil action filed under 17-8-405 or 17-8-406 must be brought by the later of:
(a) 6 years after the date on which the violation was committed; or
(b) 3 years after the date when facts material to the right of action are known or reasonably should have been known by the official of the governmental entity charged with responsibility to act in the circumstances.
(2) In no event may an action brought pursuant to subsection (1)(b) be brought more than 10 years after the date on which the violation was committed.
(3) If the governmental entity elects to intervene in any action brought under 17-8-406, the complaint in intervention must relate back to the filing date of the original complaint to the extent that the governmental entity's claim arises out of the conduct, transactions, or occurrences set forth or attempted to be set forth in the original complaint.
History: En. Sec. 4, Ch. 465, L. 2005; amd. Sec. 3, Ch. 64, L. 2009; amd. Sec. 3, Ch. 388, L. 2013.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 4. False Claims › 17-8-405. Investigation and civil action by government attorney

17-8-405. Investigation and civil action by government attorney.
The government attorney shall investigate an alleged violation of 17-8-403 and may file a civil action against any person who has violated or is violating 17-8-403.
History: En. Sec. 5, Ch. 465, L. 2005; amd. Sec. 4, Ch. 64, L. 2009.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 4. False Claims › 17-8-407. Dismissal of civil action

17-8-407. Dismissal of civil action.
On the motion of the government attorney, the court may dismiss a civil action notwithstanding the objection of the person who initiated the action if the government attorney has notified the person of the filing of the motion to dismiss and the court has given the person an opportunity to oppose the motion and present evidence at a hearing.
History: En. Sec. 7, Ch. 465, L. 2005; amd. Sec. 6, Ch. 64, L. 2009.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 4. False Claims › 17-8-409. Burden of proof -- effect of criminal conviction

17-8-409. Burden of proof -- effect of criminal conviction.
(1) The plaintiff in an action under 17-8-405 or 17-8-406 shall prove each essential element of the cause of action, including damages, by a preponderance of the evidence.
(2) A person convicted of or who pleaded guilty or nolo contendere to a criminal offense may not deny the essential elements of the offense in an action under 17-8-405 or 17-8-406 that involves the same event or events as the criminal proceeding.
History: En. Sec. 9, Ch. 465, L. 2005.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 4. False Claims › 17-8-411. Costs and attorney fees

17-8-411. Costs and attorney fees.
The governmental entity that filed a civil action or intervened is entitled to reasonable costs and attorney fees if the action is settled favorably for the governmental entity or the governmental entity prevails. In an action in which outside counsel is engaged by a government attorney, the costs and attorney fees awarded to that counsel must equal the outside counsel's charges reasonably incurred for costs and attorney fees in prosecuting the action. In any other actions in which costs and attorney fees are awarded to the governmental entity, they must be calculated by reference to the hourly rate charged by the department of justice agency legal services bureau for the provision of legal services to state agencies, multiplied by the number of attorney hours devoted to the prosecution of the action, plus the actual cost of any expenses reasonably incurred in the prosecution of the action. A person who is a plaintiff or coplaintiff is entitled to reasonable expenses that the court finds to have been necessarily incurred, plus reasonable costs and attorney fees, if the action is settled favorably for the governmental entity or the governmental entity prevails in the action. A defendant in a civil action brought pursuant to this part who prevails in an action that is not settled and that the court finds was clearly frivolous or brought solely for harassment purposes is entitled to the defendant's reasonable costs and attorney fees. If the governmental entity does not intervene, it is not responsible for any of the defendant's fees and costs.
History: En. Sec. 11, Ch. 465, L. 2005; amd. Sec. 8, Ch. 64, L. 2009; amd. Sec. 5, Ch. 388, L. 2013.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 4. False Claims › 17-8-412. Retaliatory actions prohibited -- remedies

17-8-412. Retaliatory actions prohibited -- remedies.
(1) A governmental entity, private entity, or person may not adopt or enforce a rule, regulation, or policy preventing an employee, agent, or contractor from disclosing information to a government or law enforcement agency with regard to or from acting in furtherance of an investigation of a violation of 17-8-403 or an action brought pursuant to 17-8-405 or 17-8-406.
(2) A governmental entity, private entity, or person may not discharge, demote, suspend, threaten, harass, or deny promotion to or in any other manner discriminate against an employee, agent, or contractor in the terms and conditions of employment, agency, or contract because of the disclosure by the employee, agent, or contractor of information to a government or law enforcement agency pertaining to a violation of 17-8-403.
(3) An employee, contractor, or agent is entitled to all relief necessary to make the employee, contractor, or agent whole if the employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, or agent or associated others in furtherance of an action under this part or other efforts to stop one or more violations of this part.
(4) Relief under subsection (3) includes reinstatement with the same seniority status the employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney fees. A civil action may be brought in the appropriate district court of the state for the relief provided in this subsection.
(5) A civil action under this section may not be brought more than 3 years after the date on which the retaliation occurred.
History: En. Sec. 12, Ch. 465, L. 2005; amd. Sec. 9, Ch. 64, L. 2009; amd. Sec. 6, Ch. 388, L. 2013.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 8. Disbursement and Expenditure › Part 4. False Claims › 17-8-413. Settlement by government attorney

17-8-413. Settlement by government attorney.
A government attorney may settle the case with a defendant notwithstanding the objections of the persons who initiated the action if the court determines, after a hearing, that the settlement is fair, adequate, and reasonable under the circumstances. Upon a showing of good cause, the hearing may be held in camera.
History: En. Sec. 10, Ch. 64, L. 2009.