reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 1. General Provisions › 2-15-115. Notice of estimated turnaround time on application for permit or license

2-15-115. Notice of estimated turnaround time on application for permit or license.
(1) Except as provided in subsection (3), an application form issued by an agency that is an application for a permit or a license must include, either as an attachment or directly on the form, the estimated time it will take for the agency to process and act on a correctly completed application form.
(2) In specifying the estimated turnaround time, an agency may use either the average turnaround time for applications or an estimate based on the percentage of applications processed within the most common turnaround time.
(3) This section does not apply to an application processed on the same day that the application is received.
History: En. Sec. 1, Ch. 53, L. 1999.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 1. General Provisions › 2-15-116. State agency employee directory requirement

2-15-116. State agency employee directory requirement.
(1) Each state agency shall post an employee directory on the agency's website. The link to the directory must be on the main landing page of the agency's website.
(2) (a) Except as provided in [subsection (2)(b)], the directory must include the name, title, and a direct phone number and e-mail address issued by the agency for each agency employee whose job responsibilities include regular interactions with the public.
(b) Department heads may exempt from the requirements of subsection (2)(a) persons in safety-sensitive positions.
(3) The directory page must include an organizational chart for the department so members of the public know which department or individual to contact.
(4) The agency shall perform regular checks, at least semiannually, of the directory to ensure that the information is current and accurate. The date of the last update must be posted on the directory page.
History: En. Sec. 1, Ch. 607, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 1. General Provisions › 2-15-121. Allocation for administrative purposes only

2-15-121. Allocation for administrative purposes only.
(1) An agency allocated to a department for administrative purposes only in this chapter shall:
(a) (i) exercise its quasi-judicial, quasi-legislative, licensing, and policymaking functions independently of the department and without approval or control of the department except as provided in subsection (1)(a)(ii);
(ii) accede, if the agency is a licensing board regulated by the department of labor and industry under Title 37, to the active supervision required by 37-1-121(1)(d);
(b) submit its budgetary requests through the department; and
(c) submit reports required of it by law or by the governor through the department.
(2) The department to which an agency is allocated for administrative purposes only in this title shall:
(a) direct and supervise the budgeting, recordkeeping, reporting, and related administrative and clerical functions of the agency;
(b) include the agency's budgetary requests in the departmental budget;
(c) collect all revenues for the agency and deposit them in the proper fund or account. Except as provided in 37-1-101, the department may not use or divert the revenues from the fund or account for purposes other than provided by law.
(d) provide staff for the agency. Unless otherwise indicated in this chapter, the agency may not hire its own personnel.
(e) print and disseminate for the agency any required notices, rules, or orders adopted, amended, or repealed by the agency.
(3) The department head of a department to which any agency is allocated for administrative purposes only in this chapter shall:
(a) represent the agency in communications with the governor;
(b) allocate office space to the agency as necessary, subject to the approval of the department of administration.
History: En. 82A-108 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 8, Ch. 358, L. 1973; R.C.M. 1947, 82A-108; amd. Sec. 1, Ch. 322, L. 2017.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 1. General Provisions › 2-15-123. Administratively created agencies -- prohibition

2-15-123. Administratively created agencies -- prohibition.
The governor, a department head, or any other official of the executive branch of state government or an agency may not, by administrative action, create or attempt to create an agency of state government. This section does not apply to:
(1) advisory councils created in accordance with 2-15-122;
(2) units within the internal structure of a department established under 2-15-112(1)(g).
History: En. 82A-111 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 11, Ch. 358, L. 1973; R.C.M. 1947, 82A-111.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 1. General Provisions › 2-15-125. Future agencies and functions

2-15-125. Future agencies and functions.
If an agency or a function is not allocated or transferred to a department or a constitutional office by this chapter or any other act of the legislature, the governor shall, by executive order, allocate that agency for administrative purposes only or function to the appropriate principal department or constitutional office. The governor shall transmit copies of all executive orders issued under this section to the legislature at its next regular session.
History: En. 82A-115 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 13, Ch. 358, L. 1973; R.C.M. 1947, 82A-115.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 1. General Provisions › 2-15-130. Compliance with Military Selective Service Act required for employment -- rulemaking

2-15-130. Compliance with Military Selective Service Act required for employment -- rulemaking.
(1) An agency of state government or of the Montana university system may not employ, on a full-time or part-time basis, in a permanent or temporary position, an individual who has failed to comply with the registration requirements of the federal Military Selective Service Act, 50 App. U.S.C. 451, et seq. However, this prohibition does not apply to an individual who:
(a) by a preponderance of the evidence shows that the failure to register was not done knowingly or willfully; or
(b) is exempt from registration under the provisions of the Military Selective Service Act.
(2) The department of administration and the board of regents shall adopt rules to implement this section.
History: En. Sec. 1, Ch. 320, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 1. General Provisions › 2-15-131. Rights of state personnel

2-15-131. Rights of state personnel.
Unless otherwise provided in this chapter, each state officer or employee affected by a reorganization of the executive branch of state government under this chapter is entitled to all rights that the officer or employee possessed as a state officer or employee before the effective date of the applicable reorganization law, including rights to tenure in office and of pay, rights to vacation pay, sick pay, and leave, rights under any retirement or personnel plan or labor union contract, rights to compensatory time earned, and any other rights under any law or administrative policy. This section is not intended to create any new rights for any state officer or employee but to continue only those rights in effect before the effective date of the applicable part of the reorganization law.
History: En. 82A-116 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 14, Ch. 358, L. 1973; R.C.M. 1947, 82A-116; amd. Sec. 74, Ch. 61, L. 2007; amd. Sec. 2, Ch. 81, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 1. General Provisions › 2-15-132. Rights to property

2-15-132. Rights to property.
The department or unit of a department that succeeds to all or part of the functions of an agency under a reorganization within the executive branch also succeeds to the rights to all real and personal property of that agency relating to the functions or parts of functions transferred. The property includes real property, records, office equipment, supplies, contracts, books, papers, documents, maps, appropriations, accounts within and outside of the state treasury, funds, vehicles, and all other similar property. However, the department or unit may not use or divert money in a fund or account for a purpose other than provided by law. The governor shall resolve any conflict as to the proper disposition of the property, and the governor's decision is final. This section does not apply to property owned by the federal government.
History: En. 82A-117 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 15, Ch. 358, L. 1973; R.C.M. 1947, 82A-117; amd. Sec. 3, Ch. 575, L. 1981; amd. Sec. 75, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 1. General Provisions › 2-15-133. Rules and orders

2-15-133. Rules and orders.
The department or unit thereof that succeeds to all or part of the functions of an agency under a reorganization within the executive branch also succeeds to the rules and orders of that agency relating to the functions or parts of functions transferred. The rules and orders of any agency in effect before the effective date of the transfer remain in effect until amended, repealed, superseded, or nullified by proper authority or by law.
History: En. 82A-118 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 16, Ch. 358, L. 1973; R.C.M. 1947, 82A-118; amd. Sec. 4, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 1. General Provisions › 2-15-134. Legal proceedings

2-15-134. Legal proceedings.
The transfer or abolition of an agency or function by a reorganization within the executive branch does not affect the validity of any judicial or administrative proceeding pending or which could have been commenced before the effective date of the transfer or abolition, and the department or unit which succeeds to the functions of an agency relating to the proceeding shall be substituted as a party in interest.
History: En. 82A-119 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 17, Ch. 358, L. 1973; R.C.M. 1947, 82A-119; amd. Sec. 5, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 1. General Provisions › 2-15-135. Rights and duties under existing transactions

2-15-135. Rights and duties under existing transactions.
The rights, privileges, and duties of the holders of bonds and other obligations issued and of the parties to contracts, leases, indentures, and other transactions entered into before the effective date of a transfer of functions by a reorganization within the executive branch, by the state or by any agency, officer, or employee thereof, and covenants and agreements as set forth therein remain in effect, and none of those rights, privileges, duties, covenants, or agreements are impaired or diminished by reason of the transfer of the functions of an agency or the abolition of an agency. The department or unit which succeeds to the functions of an agency is substituted for that agency and succeeds to its rights and duties under the provisions of those bonds, contracts, leases, indentures, and other transactions.
History: En. 82A-120 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 18, Ch. 358, L. 1973; R.C.M. 1947, 82A-120; amd. Sec. 6, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 1. General Provisions › 2-15-136. References

2-15-136. References.
Unless inconsistent with this chapter, if an agency is abolished or if a function of an agency is transferred to another agency, references to the abolished agency or to the agency whose functions were transferred in any law, contract, or other document shall apply to the agency which succeeds to the functions which were transferred.
History: En. 82A-121 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 19, Ch. 358, L. 1973; R.C.M. 1947, 82A-121; amd. Sec. 7, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 1. General Provisions › 2-15-137. Federal aid

2-15-137. Federal aid.
If any part of a reorganization within the executive branch is ruled to be in conflict with federal requirements which are a prescribed condition to the receipt of federal aid by the state, an agency, or a political subdivision, that part of the reorganization has no effect and the governor may issue an executive order which substitutes for that part to the extent necessary to effectuate the receipt of federal aid. The order is effective until the legislature again acts upon the matter.
History: En. 82A-122 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 20, Ch. 358, L. 1973; R.C.M. 1947, 82A-122; amd. Sec. 8, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 1. General Provisions › 2-15-141. Definitions

2-15-141. Definitions.
As used in 2-15-141 through 2-15-143, the following definitions apply:
(1) "State agency" means a department, board, or commission of the executive branch of state government.
(2) "Tribal government" means the officially recognized government of any tribe or nation.
(3) "Tribal officials" means the elected or appointed officials of a tribal government.
(4) "Tribe" means an Indian tribe that is recognized by federal law or formally acknowledged by the state.
History: En. Sec. 1, Ch. 568, L. 2003.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 1. General Provisions › 2-15-142. Guiding principles and documentation

2-15-142. Guiding principles and documentation.
In formulating or implementing policies or administrative rules that have direct tribal implications, a state agency shall document its consideration of the following principles:
(1) a commitment to cooperation and collaboration;
(2) mutual understanding and respect;
(3) regular and early communication;
(4) a process of accountability for addressing issues; and
(5) preservation of the tribal-state relationship.
History: En. Sec. 2, Ch. 568, L. 2003; amd. Sec. 1, Ch. 146, L. 2013.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 1. General Provisions › 2-15-143. Training and consultation

2-15-143. Training and consultation.
(1) At least once a year, the governor's office and a trainer selected by the tribal governments shall provide training in Helena or a site mutually agreed upon to state agency managers and key employees who have regular communication with tribes on the legal status of tribes, the legal rights of tribal members, and social, economic, and cultural issues of concern to tribes.
(2) At least annually, the governor shall convene in Helena a working meeting with representatives of state agencies and tribal officials, including tribal presiding officers, to discuss:
(a) tribal concerns with rules and policies that directly impact tribal government and tribal populations;
(b) other issues of concern to either the state or the tribes; and
(c) potential solutions to the concerns.
(3) By August 15 of each year, each state agency shall submit to the governor a report for the prior fiscal year describing the activities of the state agency relating to tribal government and tribal populations. The report must include:
(a) any rule or policy changes that the state agency adopted because of discussions under subsection (2)(a);
(b) the process that the state agency has established to identify the activities of the state agency that affect tribes;
(c) the efforts of the state agency to promote communication and the government-to-government relationship between the state agency and the tribes; and
(d) the efforts of the state agency to ensure tribal consultation and the use of American Indian data in the development and implementation of agency programs that directly affect tribes.
(4) By September 15 of each year, the governor shall provide to each tribal government a report with an overview of all state and tribal activities for the prior fiscal year, including a description of the training required under subsection (1). It is the intent of the legislature that this report be prepared within existing levels of funding.
History: En. Sec. 3, Ch. 568, L. 2003; amd. Sec. 1, Ch. 124, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 1. General Provisions › 2-15-149. Naming of sites and geographic features -- replacement of word "squaw", "half-breed", or "breed" -- advisory group

2-15-149. Naming of sites and geographic features -- replacement of word "squaw", "half-breed", or "breed" -- advisory group.
(1) The state director of Indian affairs shall appoint an advisory group, which must include a member of the Little Shell Chippewa tribe, to serve on a volunteer basis to consult with local agencies, organizations, and individuals to reach a consensus on developing names to replace present site or geographic names that contain the word "squaw", "half-breed", or "breed".
(2) Each agency of state government that owns or manages public land in the state shall identify any features or places under its jurisdiction that contain the word "squaw", "half-breed", or "breed" and inform the advisory group of the agency's identification of features or places containing any of those words. The agency shall ensure that whenever the agency updates a map or replaces a sign, an interpretive marker, or any other marker because of wear or vandalism, the word "squaw", "half-breed", or "breed" is removed and replaced with the name chosen by the advisory group.
(3) The advisory group shall:
(a) notify the U.S. forest service, the Montana departments of commerce and natural resources and conservation, and any other entity that compiles information for and develops maps for the state or for public use of the name change so that it may be reflected on subsequent editions of any maps or informational literature produced by those entities; and
(b) place a formal request with the United States board on geographic names to render a decision on the proposed name change so that the new name will be reflected on all United States board on geographic names maps.
History: En. Sec. 1, Ch. 307, L. 1999; amd. Sec. 2, Ch. 164, L. 2009; amd. Sec. 1, Ch. 238, L. 2015.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 1. General Provisions › 2-15-150. Terminated

2-15-150. Terminated.
Sec. 2, Ch. 428, L. 1997.
History: En. Sec. 1, Ch. 428, L. 1997; amd. Sec. 8, Ch. 414, L. 2001; amd. Sec. 1, Ch. 190, L. 2003; amd. Sec. 1, Ch. 223, L. 2005.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 1. General Provisions › 2-15-151. Lewis and Clark bicentennial license plates -- authorization to apply as sponsor -- use of proceeds

2-15-151. Lewis and Clark bicentennial license plates -- authorization to apply as sponsor -- use of proceeds.
(1) An applicant for a generic specialty license plate that was sponsored by the former Lewis and Clark bicentennial commission shall make a donation of $20 to the department of commerce and the Montana historical society as the successors to the Lewis and Clark bicentennial commission upon initial issuance of the license plates and a donation of $20 upon each annual renewal of the license plates.
(2) The donation provided for in subsection (1) must be paid to the county treasurer, who shall remit the entire amount to the department of revenue for deposit in the special revenue accounts established in 90-1-115.
(3) Beginning January 1, 2007, the department of commerce and the Montana historical society shall use money in the special revenue accounts established in 90-1-115 to support projects related to Lewis and Clark.
History: En. Sec. 5, Ch. 414, L. 2001; amd. Sec. 47, Ch. 257, L. 2001; amd. Sec. 17(1), Ch. 402, L. 2001; amd. Sec. 2, Ch. 223, L. 2005.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 1. General Provisions › 2-15-155. State agency board, committee, commission, or advisory council member information to be published

2-15-155. State agency board, committee, commission, or advisory council member information to be published.
(1) Whenever a board, committee, commission, or advisory council of the executive, legislative, or judicial branch publishes a report, such as an audit report, program evaluation report, research report, or statutorily required report, the board, committee, commission, or advisory council shall publish in the report:
(a) the name of each board, committee, commission, or advisory council member;
(b) an address, telephone number, or e-mail address for each board, committee, commission, or advisory council member; and
(c) the term of each board, committee, commission, or advisory council member, including the date that the member's term expires.
(2) Each executive, legislative, and judicial branch board, committee, commission, or advisory council shall ensure that the information required under subsection (1) is readily available on a website.
(3) This section is not intended to apply to administrative documents, such as memoranda or letters.
History: En. Sec. 1, Ch. 236, L. 2011.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 1. General Provisions › 2-15-156. Districts for certain appointments

2-15-156. Districts for certain appointments.
For appointment of persons provided for in 2-15-1508, 2-15-1821, and 2-15-1822, the districts are the following counties:
(1) District 1: Lincoln, Flathead, Sanders, Lake, Mineral, Missoula, Ravalli, Powell, Granite, Deer Lodge, Silver Bow, Jefferson, Broadwater, Beaverhead, Madison, Gallatin, Park, Sweet Grass, Stillwater, and Carbon;
(2) District 2: Glacier, Toole, Liberty, Hill, Blaine, Phillips, Valley, Daniels, Sheridan, Roosevelt, Richland, McCone, Garfield, Petroleum, Fergus, Judith Basin, Cascade, Chouteau, Teton, Pondera, Lewis and Clark, Meagher, Wheatland, Golden Valley, Musselshell, Treasure, Rosebud, Custer, Prairie, Dawson, Wibaux, Fallon, Carter, Powder River, Big Horn, and Yellowstone.
History: En. Sec. 1, Ch. 285, L. 2019.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 2. Governor › 2-15-202. Repealed

2-15-202. Repealed.
Sec. 32, Ch. 184, L. 1979.
History: En. Sec. 372, Pol. C. 1895; re-en. Sec. 147, Rev. C. 1907; re-en. Sec. 126, R.C.M. 1921; Cal. Pol. C. Sec. 382; re-en. Sec. 126, R.C.M. 1935; R.C.M. 1947, 82-1303.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 2. Governor › 2-15-203. Western governors' university

2-15-203. Western governors' university.
The governor is authorized to act in consort with the governors of other states to create an entity to facilitate the provision of higher education services by electronic means to the residents of Montana and other states. The governor may take any steps necessary for Montana to join the entity that is created, including the payment of a fee, assessment, or other charge required for membership. It is anticipated that the entity will be called the western governors' university, but this authorization is not dependent on the entity being known by any specific name.
History: En. Sec. 1, Ch. 205, L. 1997.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 2. Governor › 2-15-210. Mental health ombudsman

2-15-210. Mental health ombudsman.
(1) There is a mental health ombudsman. The ombudsman must be appointed by the governor for a term of 4 years. The ombudsman is attached to the office of the governor for administrative purposes.
(2) The ombudsman shall provide an annual report to the governor and a biennial report to the legislature, as required by 5-11-210, and may include recommendations regarding the mental health system.
(3) The ombudsman shall represent the interests of individuals with regard to the need for public mental health services, including individuals in transition from public to private services. The ombudsman may not provide a legal advocacy service.
(4) The ombudsman may retain counsel for legal support.
(5) Names of individuals receiving assistance from the ombudsman and information associated with an individual compiled by the ombudsman in the course of conducting an investigation are confidential and privileged information and may not be disclosed unless a court has determined that certain information is subject to compulsory legal process or discovery because the party seeking the information has demonstrated that there is a compelling state interest that outweighs the individual's privacy interest or the information is requested pursuant to an investigative subpoena issued under 46-4-301.
History: En. Sec. 13, Ch. 577, L. 1999; amd. Sec. 1, Ch. 544, L. 2001; amd. Sec. 4, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 2. Governor › 2-15-211. Mental disabilities board of visitors -- composition -- allocation

2-15-211. Mental disabilities board of visitors -- composition -- allocation.
(1) The governor shall appoint a mental disabilities board of visitors.
(2) (a) The board shall consist of six persons who possess qualifications necessary to carry out the responsibilities of the board defined in 53-20-104 and 53-21-104.
(b) The members of the board must meet the following requirements:
(i) one person must possess skills, knowledge, and experience relative to the treatment and welfare of adults with serious disabling mental illnesses;
(ii) one person must possess skills, knowledge, and experience relative to the treatment and welfare of children with serious emotional disturbances;
(iii) one person must possess skills, knowledge, and experience relative to the treatment and welfare of adults with developmental disabilities;
(iv) one person must be a consumer of mental health services or a family member of a consumer of mental health services; and
(v) one person must be a consumer of developmental disabilities services or a family member of a person with developmental disabilities.
(c) The members of the board must also meet the following requirements:
(i) at least one board member must be a professional person in the field of mental health treatment;
(ii) at least one board member must be a professional person in the field of developmental disabilities treatment; and
(iii) no more than three board members may be professional persons in the fields of mental health treatment and developmental disabilities treatment.
(d) A member of the board may not be a full-time agent or employee of the department of public health and human services or a mental health facility affected by Title 53, chapter 20, part 1, and Title 53, chapter 21, part 1, except this prohibition does not affect any employee of a state college or university.
(e) Board members serve for 2-year terms. The terms are staggered so that one-half of the terms expire June 30 of each year.
(3) The mental disabilities board of visitors is attached to the governor for administrative purposes. It may employ staff for the purpose of carrying out its duties as set out in Title 53, chapter 20, part 1, and Title 53, chapter 21, part 1.
History: Ap. p. Sec. 30, Ch. 466, L. 1975; amd. Sec. 16, Ch. 546, L. 1977; Sec. 38-1330, R.C.M. 1947; Ap. p. Sec. 32, Ch. 468, L. 1975; amd. Sec. 18, Ch. 546, L. 1977; Sec. 38-1232, R.C.M. 1947; R.C.M. 1947, 38-1232(part), 38-1330(part); amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 8, Ch. 546, L. 1995; amd. Sec. 1, Ch. 344, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 2. Governor › 2-15-212. Reserved water rights compact commission

2-15-212. Reserved water rights compact commission.
(1) There is created a reserved water rights compact commission. In negotiations, the commission is acting on behalf of the governor.
(2) Subject to 5-5-234, commissioners are appointed as follows:
(a) two members of the house of representatives appointed by the speaker, one from the majority party and one from the minority party;
(b) two members of the senate appointed by the president, one from the majority party and one from the minority party;
(c) four members designated by the governor; and
(d) one member designated by the attorney general.
(3) Legislative members of the commission are entitled to receive compensation and expenses as provided in 5-2-301 for each day actually spent on commission business. Other members are entitled to salary and expenses as state employees.
(4) The commission is attached to the department of natural resources and conservation for administrative purposes only, as prescribed in 2-15-121, unless inconsistent with the provisions of Title 85, chapter 2, part 7. A sufficient and appropriate staff must be assigned to serve the commission within the budget established by the legislature. The commission staff is a principal unit within the department, and the commission shall direct and assign the staff.
(5) Members are appointed for 4-year terms and may be reappointed. A legislative member position is vacant if the person no longer serves in the legislature. The position of a member appointed by the governor or attorney general is vacant if that person is elected to the legislature. A vacancy must be filled in the manner of the original appointment.
History: En. Sec. 27, Ch. 697, L. 1979; amd. Sec. 1, Ch. 784, L. 1991; amd. Sec. 4, Ch. 418, L. 1995; amd. Sec. 4, Ch. 4, Sp. L. May 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 2. Governor › 2-15-217. Office of state director of Indian affairs

2-15-217. Office of state director of Indian affairs.
(1) There is an office of state director of Indian affairs. The office is allocated to the governor's office for administrative purposes only as prescribed in 2-15-121.
(2) The state director must be appointed by the governor from a list of five qualified Indian applicants agreed upon by the tribal councils of the respective Indian tribes of the state. The state director shall serve at the pleasure of the governor.
(3) Except as provided in subsection (4), the qualifications for applicants must include but are not limited to:
(a) a bachelor's degree in a relevant public policy field, as determined by the governor;
(b) not less than 3 years experience in a professional administrative capacity; and
(c) demonstrated skills in conducting policy research and obtaining grant funds from federal, state, or private sector sources.
(4) The governor may appoint an applicant agreed upon by the tribal councils as provided in subsection (2) whose skills and experience are commensurate with the qualifications set forth in subsection (3).
(5) The state director of Indian affairs shall carry out the legislative policy set forth in 90-11-101 and perform the duties assigned under 90-11-102.
History: En. Sec. 2, Ch. 203, L. 1951; amd. Sec. 12, Ch. 237, L. 1967; amd. Sec. 2, Ch. 319, L. 1969; amd. Sec. 2, Ch. 160, L. 1974; R.C.M. 1947, 82-2702; amd. Sec. 14, Ch. 184, L. 1979; MCA 1979, 2-15-1111; amd. and redes. 2-15-1813 by Sec. 12, Ch. 274, L. 1981; Sec. 2-15-1813, MCA 1993; redes. 2-15-217 by Sec. 2, Ch. 52, L. 1995; amd. Sec. 8, Ch. 512, L. 1999; amd. Sec. 3, Ch. 164, L. 2009; amd. Sec. 1, Ch. 594, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 2. Governor › 2-15-218. Office of economic development -- structure

2-15-218. Office of economic development -- structure.
(1) There is an office of economic development within the office of the governor.
(2) The head of the office is the chief economic development officer, who must be appointed by the governor.
(3) The office of economic development is composed of the following policy and program specialties:
(a) business retention and recruitment;
(b) workforce development;
(c) technology development;
(d) infrastructure improvement; and
(e) permitting and regulatory processes.
(4) The office may employ or contract with policy specialists to implement the programs listed in subsection (3) and the functions referred to in 2-15-219.
(5) The office may accept grants, loans, and other gifts from sources other than the state for the purpose of administering the provisions of 2-15-219, 90-1-112 through 90-1-114, and this section.
History: En. Sec. 2, Ch. 483, L. 2001; amd. Sec. 1, Ch. 100, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 2. Governor › 2-15-219. Chief economic development officer -- duties

2-15-219. Chief economic development officer -- duties.
The chief economic development officer shall:
(1) advise the governor on policy issues related to economic development;
(2) coordinate the state's business recruitment, retention, and expansion efforts;
(3) coordinate the development and distribution of a statewide coordinated strategic economic development plan;
(4) coordinate the individual functions and programs within the office as provided in 2-15-218; and
(5) serve as the state's primary liaison between federal, state, and local agencies, Montana tribal governments, private, nonprofit economic development organizations, and the private sector.
History: En. Sec. 3, Ch. 483, L. 2001; amd. Sec. 2, Ch. 100, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 2. Governor › 2-15-221. Governor-elect -- staff and services provided

2-15-221. Governor-elect -- staff and services provided.
(1) As used in this section, unless the context clearly indicates otherwise, "governor-elect" means the person elected at a general election to the office of governor who is not the incumbent governor.
(2) The department of administration shall provide the governor-elect and the governor-elect's necessary staff with suitable office space in the capitol building, together with furnishings, supplies, equipment, and telephone service for the period between the general election and the inauguration.
(3) The governor-elect may obtain the assistance of persons of the governor-elect's own choosing, between the general election and inauguration, and they must receive reasonable compensation for their services. These persons are state employees, but they are not subject to any civil service or personnel laws or rules of the state.
(4) In addition, the governor-elect may request that the department of administration assign one or more employees of the department of administration to assist the governor-elect and the governor-elect's staff in the study and interpretation of information. Employees of the department of administration must be assigned for the time necessary between the general election and the inauguration.
(5) The funds necessary to carry out the provisions of this section must be included in the appropriation request of the department of administration to the legislature meeting in regular session immediately prior to a general election when a governor will be chosen.
History: (1)En. Sec. 1, Ch. 47, L. 1969; Sec. 82-1311, R.C.M. 1947; (2) thru (5)En. Secs. 2, 3, 4, Ch. 47, L. 1969; amd. Sec. 98, Ch. 326, L. 1974; Secs. 82-1312, 82-1313, 82-1314, R.C.M. 1947; R.C.M. 1947, 82-1311, 82-1312, 82-1313, 82-1314; amd. Sec. 77, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 2. Governor › 2-15-232. Duties and assistance

2-15-232. Duties and assistance.
(1) The coordinator of aging shall, with the advice of the advisory council on aging, assist the governor and the department of public health and human services in planning, coordination, and operation of programs within state government that affect senior citizens of the state.
(2) The coordinator shall meet with senior citizens and the general public to gather information on the needs of senior citizens and the effectiveness of state programs in meeting those needs.
(3) The coordinator shall advise the governor and the director of the department of public health and human services as to ways to improve the effectiveness of programs that affect senior citizens.
History: En. Sec. 2, Ch. 664, L. 1983; amd. Sec. 2, Ch. 336, L. 1993; amd. Sec. 11, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 2. Governor › 2-15-236. Treasure state living cultural treasures program

2-15-236. Treasure state living cultural treasures program.
There is a treasure state living cultural treasures program to honor Montanans who are dedicated to preserving and passing on the traditional skills and knowledge found in Montana and whose work exemplifies Montana's culture in all of its varieties. The names of the honorees will be made available to educators, community groups, and other interested persons as a resource for information and education. A speakers' bureau registry of honorees will be created and maintained by the governor's office.
History: En. Sec. 1, Ch. 294, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 2. Governor › 2-15-237. Purpose

2-15-237. Purpose.
(1) The purpose of the treasure state living cultural treasures program is to preserve the historical traditions and culture of Montana by honoring those who actively practice and preserve the skills and knowledge of Montana's culture. The program is intended to honor those who have devoted their energies to carrying forward the skills of the past and preserving the traditions and, in doing so, exemplify the vitality, variety, and excellence of Montana's culture. Montana and the surrounding region have a unique western culture that has developed from living in a sometimes harsh and always variable climate and from creating beauty and recreation from the tasks of ordinary life.
(2) Montana culture includes the forms in which the common culture of Montana manifests itself, such as in traditional music, arts and crafts, survival skills, cooking, occupational skills, storytelling, ritual and custom, and a myriad of Montana cultural and traditional artistic expressions. The most important elements of Montana's history and culture have been passed on through the generations by Montanans who pursue traditional occupations and create beauty in their everyday life.
(3) Montana's culture is a blend of native, ethnic, racial, occupational, and regional traditions that sometimes coexist and sometimes blend, including traditionally masculine and feminine domains that together create a many-faceted culture within the state.
History: En. Sec. 2, Ch. 294, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 2. Governor › 2-15-238. Honorees -- nominations -- selection -- certificate of proclamation -- speakers' bureau

2-15-238. Honorees -- nominations -- selection -- certificate of proclamation -- speakers' bureau.
(1) County commissioners may annually solicit nominations of persons who exemplify aspects of Montana's common culture from local groups in their county, including but not limited to senior citizens' groups, community centers, county historical societies, local art agencies, labor and trade organizations, schools, and other local groups.
(2) When a solicitation of nominations is completed, the county commissioners shall compile a list of nominees from their county and present the list to the governor. The governor shall select the honorees.
(3) Each honoree shall receive:
(a) a certificate signed by the governor proclaiming the honoree to be a "Treasure State Living Cultural Treasure"; and
(b) an invitation to be included in the speakers' bureau.
(4) The speakers' bureau is a registry, maintained by the governor's office, of the treasure state living cultural treasures honorees and the skills and areas for which each honoree is recognized and can be called upon as a resource for the school-age population and all other residents of the state. The registry may include a fee schedule that delineates the speaker's fee, reimbursement for travel costs and per diem, and any other necessary expenses, if any, to be paid to the speaker by the organizations and schools that arrange for the speaker's services.
(5) The governor's office shall send on an annual basis a copy of the registry to the superintendent of public instruction, who shall send a copy to each school district of the state.
(6) The superintendent of public instruction shall inform and encourage the school districts to use the registry to choose speakers in various areas of Montana's common culture as resources in furthering the knowledge of the school-age population in the state on the unique western culture of Montana.
(7) The registry is to be made available for a reasonable charge to any person in the state upon request.
(8) The Indian tribal governments are invited to participate in the treasure state living cultural treasures program and to submit nominees to the governor as provided in subsection (2). For the purposes of this subsection, "Indian tribal government" means an Indian tribe, nation, or other organized group or community located within the existing boundaries of Montana.
History: En. Sec. 3, Ch. 294, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 2. Governor › 2-15-242. State poet laureate

2-15-242. State poet laureate.
(1) There is a state poet laureate.
(2) Within 30 days prior to the expiration of the state poet laureate's term of appointment or within 30 days after a vacancy in the position occurs, the Montana arts council established in 22-2-101 shall nominate three individuals to be the state poet laureate. The Montana arts council shall provide the list of nominees to the governor who shall:
(a) within 30 days after receiving the list of nominees, appoint the state poet laureate from among the individuals named on the list; and
(b) notify the secretary of state and the Montana arts council of the appointment.
(3) The individual named by the governor as the state poet laureate shall serve for a term of 2 years beginning on the date of appointment by the governor.
(4) The state poet laureate is an honorary position, and the person serving as the state poet laureate may not receive any compensation from the state for serving as the state poet laureate.
History: En. Sec. 1, Ch. 115, L. 2005.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 2. Governor › 2-15-243. Montana sage grouse oversight team -- composition

2-15-243. Montana sage grouse oversight team -- composition.
(1) There is a Montana sage grouse oversight team. The oversight team is attached to the governor's office for administrative purposes only, as prescribed in 2-15-121.
(2) The oversight team consists of:
(a) the directors of the departments of:
(i) environmental quality;
(ii) fish, wildlife, and parks;
(iii) natural resources and conservation; and
(iv) transportation;
(b) the administrator of the division of oil and gas conservation within the department of natural resources and conservation;
(c) one member of the rangeland resources committee established in 2-15-3305;
(d) one member of the senate appointed by the president of the senate;
(e) one member of the house of representatives appointed by the speaker of the house; and
(f) a designated representative of the governor. The governor's designated representative is the presiding officer of the oversight team.
(3) The oversight team shall meet at least quarterly to fulfill the requirements of Title 87, chapter 5, part 9. Each meeting must be recorded electronically.
(4) Unless otherwise provided by law, each member is entitled to be reimbursed for travel expenses, as provided for in 2-18-501 through 2-18-503, incurred while performing oversight team duties.
History: En. Sec. 1, Ch. 445, L. 2015.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 3. Lieutenant Governor › 2-15-301. Office of lieutenant governor

2-15-301. Office of lieutenant governor.
There is created an office of lieutenant governor.
History: En. Sec. 1, Ch. 297, L. 1973; R.C.M. 1947, 82-1702.1.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 3. Lieutenant Governor › 2-15-302. Powers and duties of lieutenant governor

2-15-302. Powers and duties of lieutenant governor.
(1) The lieutenant governor may:
(a) prescribe rules for the administration of the office;
(b) hire personnel for the office and establish policy to be followed by the personnel; and
(c) compile and submit a budget for the office.
(2) The lieutenant governor shall perform the duties provided by law and those delegated to the lieutenant governor by the governor.
History: En. Secs. 2, 3, Ch. 297, L. 1973; R.C.M. 1947, 82-1702.2, 82-1702.3; amd. Sec. 78, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 3. Lieutenant Governor › 2-15-303. Repealed

2-15-303. Repealed.
Sec. 1, Ch. 66, L. 1979.
History: En. Sec. 392, Pol. C. 1895; re-en. Sec. 152, Rev. C. 1907; re-en. Sec. 132, R.C.M. 1921; re-en. Sec. 132, R.C.M. 1935; amd. Sec. 5, Ch. 297, L. 1973; R.C.M. 1947, 82-1703.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 4. Secretary of State › 2-15-402. Deputy secretary of state

2-15-402. Deputy secretary of state.
(1) The secretary of state shall appoint a chief deputy and a deputy who in the absence of the principal shall perform all the duties of office. In the case of a vacancy in the office of secretary of state, the chief deputy shall perform all the duties of the office until such disability be removed or vacancy filled.
(2) Such deputies shall subscribe, take, and file the oath of office provided by law for other state officers before entering upon the performance of their duties.
History: En. Sec. 1, Ch. 86, L. 1903; re-en. Sec. 143, Rev. C. 1907; re-en. Sec. 122, R.C.M. 1921; re-en. Sec. 122, R.C.M. 1935; amd. Sec. 1, Ch. 181, L. 1947; amd. Sec. 1, Ch. 8, L. 1949; amd. Sec. 48, Ch. 177, L. 1965; amd. Sec. 3, Ch. 468, L. 1977; R.C.M. 1947, 82-601(part).